BOOK 41 Page 14367 04/07/97 6:00. P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 7, 1997, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: ANNOUNCEMENT OF WINNERS FOR THE LAUREL PARK DESIGN COMPETITION #1 (0049) through (0243) Mayor Cardamone stated that Laurel Park is a 1900-1920s Florida "boom-time" community south of downtown Sarasota; that currently, the neighborhood is working on the development of a Conservation Zone District to preserve the neighborhood character, retain affordable housing, and protect the area from inappropriate development; that the goal of the design competition was to test the proposed Conservation District Ordinance on a real site located in Laurel Park; that participants were asked to follow the guidelines set in the Community Conservation District for the site located at 1865 Laurel Street and to provide a total of four single-family home designs, including the renovation of the existing structure known as the Walpole House; that the seven design entries submitted are displayed in the Commission Chambers; that she, Linda Holland, Coalition of City Neighborhood Associations; Parvese Moosavi, City of St. Petersburg Planning Department; Edward Seibert, AIA; and Frank Folsom Smith, FAIA, selected as the reviewing jury, met earlier today to review the entries. Mayor Cardamone requested that Mr. Seibert, Chairman of the jury, come forward to announce the winners. Mr. Seibert stated that the seven designs submitted were of excellent quality; that the design submitted by Arthur Town Ballman of Holmes Beach was selected as the winning entry. Cash prizes and awards were announced and presented as follows: First Place $1,250 Arthur Town Ballman Holmes Beach Second Place $750 Andrew D. Wilkinson New York Third Place $500 SMRT/HUNNINGTON DREHER John Dehart Todd Yeomans Ty Thacker Sarasota Honorable Mention Joe Tisdale, Mark Sultana Palmetto Brad Gaubatz Sarasota William Thorning Little Sarasota Martha Hafner, President, Laurel Park Neighborhood Association, came forward, thanked and presented the jurors with T-shirts which read "Laurel Park History in the Making. 1 2. PRESENTATION RE: CITY OF SARASOTA'S FIRST ANNUAL MAYOR'S NEIGHBORHOOD AWARD = PRESENTED TO LAUREL PARK NEIGHBORHOOD ASSOCIATION #1 (0243) through (0320) Mayor Cardamone stated that as suggested by various neighborhood representatives, an award recognizing outstanding contributions made to citizens will be presented to a City neighborhood association each year by the Mayor; that she is honored to present the first annual Mayor's Neighborhood award to the Laurel Park Neighborhood Association (LPNA) for their enthusiasm, hard work, and dedication in developing a conservation district concept which will be presented to the City Commission for approval within the next few months. Mayor Cardamone presented a plaque to Martha Hafner, President, Daniel McNichol, Vice President, and Richard Libery, Board Member, LPNA. Ms. Hafner stated that receipt of the Mayor's award is an honor; that the LPNA has had strong leadership and has worked hard and long to make a difference in the community; that the efforts of LPNA past presidents Tina Little and Devin Rutkowski as well as the involvement by numerous neighborhood residents should also be recognized. Mayor Cardamone displayed the plaque which will be displayed permanently in City Hall and updated annually after the Mayor's presentation. BOOK 41 Page 14368 04/07/97 6:00 P.M. BOOK 41 Page 14369 04/07/97 6:00 P.M. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 97R-977, RECOGNIZING THE PASSING OF JOHN "EARL" STINSON, LONGTIME EMPLOYEE AND DEPUTY DIRECTOR OF GENERAL SERVICES FOR THE CITY OF SARASOTA; ETC. - ADOPTED #1 (0323) through (0435) Mayor Cardamone stated that Memorial Resolution No. 97R-977 recognizes the March 25, 1997, passing of John "Earl" Stinson, who served the City of Sarasota as an employee for 25 years, most recently as the Deputy Director of General Services from 1989 until his retirement in 1996. Mayor Cardamone read Memorial Resolution No. 97R-977 in its entirety. On motion of Vice Mayor Pillot second of Commissioner Dupree, it was moved to adopt Memorial Resolution No. 97R-977. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Cardamone presented a plaque of Memorial Resolution No. 97R- 977 to Mr. Stinson's son, Mark, who was present in the audience. 4. PRESENTATION RE: RETIREMENT AWARD TO JOHNNIE JONES, JR.. UTILITIES MECHANIC, PUBLIC WORKS DEPARTMENT, WITH 18 YEARS OF SERVICE #1 (0435) through (0447) Mayor Cardamone stated that presentation of a retirement award to Johnnie Jones will be delayed until a future meeting. 5. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0447) through (0489) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under New Business, Item No. VIII-4, Discussion Re: Neighborhood Element, per the request of Michael Taylor, Deputy Director of Planning and Development B. Add under Board Appointments, Item No. IX-3, Appointment Re: Sarasota Housing Authority, per the request of Mayor Cardamone On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yesi Pillot, yes; Cardamone, yes. 6. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MARCH 4, 1997, STATUTORY CITY ÇOMMISSION MEETING OF MARCH 12, 1997, AND REGULAR CITY COMMISSION MEETING OF MARCH 17, 1997 = APPROVED (AGENDA ITEM I) #1 (0489) through (0500) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the city Commission special meeting of March 4, 1997, statutory meeting of March 12, 1997, and regular meeting of March 17, 1997, are approved by unanimous consent. 7. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL MEETING OF MARCH 18, 1997 - DIRECTED TO RESCHEDULE AND ADVERTISE THE PUBLIC HEARINGS ON PROPOSED ORDINANCE NOS. 97-3993 AND 97-3994 FOR MAY 5, 1997 (AGENDA ITEM II) #1 (0500) through (1096) Michael Taylor, Deputy Director of Planning and Development, Ronald Annis, Chairman of the Planning Board/Local Planning Agency (PBLP), and Mark Singer, City Attorney's Office, came before the Commission. Mr. Annis presented the following items from the Planning Board/Local Planning Agency's special meeting of March 18, 1997: Ordinance No. 97-3993 Regulated Amplified Music Mr. Annis stated that the PBLP held a workshop and a special meeting regarding the subject and found proposed Ordinance No. 97-3993 to be inconsistent with the Sarasota City Plan by a vote of 4 to 1; that the proposed ordinance was viewed as a neighborhood protection ordinance; that the PBLP agreed protecting the neighborhoods along the periphery of the Downtown was appropriate but that expectation of noise levels within the Commercial, Central Business District (C-CBD) should be different; that the PBLP raised the following concerns with the proposed ordinance: Enforcing violations through the Code Enforcement process rather than as a police action. Mr. Annis stated that Robert Lindsay, PBLP Member, suggested the establishment of a permitting requirement issued at a minimal fee to businesses generating amplified noise; that the businesses would have to be located outside the restricted 250-foot area to obtain a permit, but the issuance of permits would allow for police BOOK 41 Page 14370 04/07/97 6:00 P.M. BOOK 41 Page 14371 04/07/97 6:00 P.M. enforcement and immediate resolve of violations versus the lengthy code entorcement process. Protecting isolated residences within the C-CBD Zone District. Mr. Annis stated that the expectations for noise within the C-CBD Zone District should be different than those expected in the neighborhoods of the periphery or outside the Zone District; that allowing an isolated residential dwelling unit located within the C-CBD Zone District to affect other areas within the Zone District was viewed as inappropriate. Protecting mixed-use buildings within the C-CBD Zone District. Mr. Annis stated that the issue of whether residents in mixed-use buildings within the C-CBD Zone District, e.g., Bay Plaza or Dolphin Towers, should have different expectations of noise levels than those residing in residential zone districts was a stumbling block for the PBLP. Mayor Cardamone stated that Dolphin Towers is not viewed as a mixed-use building. Mr. Annis stated that the Palm Avenue frontage under the parking structure for Dolphin Tower creates a mixed-use complex. Measuring the distance. Mr. Annis stated that the PBLP had disagreement as to whether the distance should be measured from the property boundary as proposed in the ordinance, which in some cases could penalize a large parcel, or from the source of sound generation to the nearest residential use or residential zone district. Mr. Annis continued that although general support was expressed for an approach which would restrict the sound generation and impact on neighborhoods around the periphery of the C-CBD Zone District rather than handicap outdoor dining facilities, the PBLP was unable to agree on a conceptual approach that would function within the Zone District itself. City Auditor and Clerk Robinson stated that the public hearings on proposed Ordinance Nos. 97-3993, Prohibition for Amplified Music, and 97-3994, City of Sarasota Noise Control Ordinance, have been scheduled for April 21, 1997; that the Administration was subsequently advised by two citizens that Passover begins at sundown on April 21 and interested parties may not be able to attend a public hearing on that date. Attorney Singer stated that he, City Manager Sollenberger, V. Peter Schneider, Deputy City Manager; Michael Taylor, Deputy Director of Planning and Development; and representatives of the Building Department met last Friday to review the concerns raised by the PBLP; that several options and other issues have been discussed, e.g., measuring future uses and applicability if a residential use were to locate within 250-feet of an existing commercial establishment offering outdoor dining and amplified music; that the options will be available for discussion; however, the Administration plans to present the proposed ordinance as drafted to the Commission for public hearing. Commissioner Patterson stated that special events, which are permitted by the City Manager, is one issue which will need to be addressed if outdoor amplified music is prohibited in the C-CBD Zone District. Attorney Singer stated that a provision for special events permitted by the City Manager could be reviewed for incorporation into the ordinance. Commissioner Patterson stated that the Manager of Building, Zoning, and Code Enforcement interprets outdoor amplified music as a normal and necessarily permitted accessory use to open-air dining facilities, making the distinction between the two uses difficult; and asked if separating the two uses has been an option discussed? Attorney Singer stated that changes to the regulations governing outdoor dining are not proposed; that open-air dining facilities will not be required to obtain a special exception as previously proposed; that the proposed ordinance solely addresses the accessory use of amplified music; however, open-air dining facilities in certain areas of the C-CBD Zone District will not be allowed to have amplified music if the proposed ordinance is adopted as drafted. Mr. Annis stated that addressing amplified music as an accessory use was an approach generally supported by the PBLP; that outdoor generation of sound can exist in situations unrelated to outdoor dining. Attorney Singer stated that two ordinances proposed to regulate noise will be presented to the City Commission for public hearing on April 21: 1) proposed Ordinance No. 97-3993 regulating outdoor amplified music in certain sections of the C-CBD Zone District and prohibiting outdoor amplified music at any property located within 250 feet of a principal residential use and 2) proposed Ordinance No. 97-3994 establishing maximum decibel levels and prohibiting amplified music entirely in the C-CBD Zone District after certain hours. BOOK 41 Page 14372 04/07/97 6:00 P.M. BOOK 41 Page 14373 04/07/97 6:00 P.M. Mayor Cardamone asked if the 250-foot measurement approach will cover the boat basin at Sarasota Quay? Attorney Singer stated that the proposed ordinance will be applicable if any part of a property is within 250 feet of a principal residential use, although the majority of the property may extend well beyond the 250-foot requirement, which was one of the concerns raised by the PBLP. Commissioner Patterson stated that residents of 888 Boulevard of the Arts were conçerned the 250-foot requirement may not be adequate to prohibit outdoor amplified music directly across the boat basin from the condominium complex; however, the distance was measured as within 250 feet. Attorney Singer stated that a specific definition for the term "property" could be included to make clear the intent of the proposed ordinance. Commissioner Patterson stated that the issue raised by the PBLP regarding mixed uses or a residence located on a parcel not zoned residential is valid; that the zoning becomes almost immaterial for major condominium complexes whose main use is residential; however, her concern is that an isolated single-family residence constructed on a commercially-zoned parcel could affect surrounding commercial areas. Attorney Singer stated that the locations of existing residential uses have been identified; that an option for grandrathering existing or new commercial uses offering outdoor dining in the event a residential use is established after the proposed ordinance is adopted will be presented to the Commission for consideration at the public hearing. Mayor Cardamone stated that options to address issues raised should be provided at the public hearing; that the necessity to rewrite and readvertise the proposed ordinance should be avoided; that the Commission first received complaints regarding outdoor amplified music in April 1996, which was one year ago. Vice Mayor Pillot stated that although the issue has been ongoing for one year, a modest delay in scheduling the public hearing would be justified in light of Passover, which is an important religious holiday; and requested Commission support for rescheduling the public hearing to May 5, 1997. Mayor Cardamone stated that hearing no objections, the Administration is directed to reschedule and advertise the public hearings on proposed Ordinance Nos. 97-3993 and 97-3994 for May 5, 1997. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1,2, AND 4 - APPROVED; ITEM NO. 3 - APPROVED; ITEM NO. 5 - APPROVED (AGENDA ITEM III-A) #1 (1096) through (1290) Commissioner Patterson requested that Item Nos. 3 and 5 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 97-3990, amending Chapter 11, Buildings and Building Regulations, Articles II IX, inclusive, to provide for the enlargement of the membership of the Board of Rules and Appeals and for a modification of the membership requirements of such board; amending the jurisdiction of such board to include authority to hear appeals, approve alternative standards, certify contractors and to discipline contractors under the 1994 Edition of the Standard Mechanical Code, Plumbing Code, Gas Code, and the 1990 Edition of the National Electrical Code and Local Amendments to each of the aforementioned codes; providing for the adoption of revised City of Sarasota Local Amendments to the Standard Housing Code, 1991 Edition and the Standard Unsafe Building Abatement Code, 1985 Edition; repealing existing Chapter 11, Articles IV, V, VI, VII, VIII and IX and renumbering Articles X, XI, and XII; providing for the severability of the parts hereof if declared invalid; repealing ordinances in conflict; etc. 2. Approval Re: Extension of a Temporary Special Permit for Sales Center at 541 South Gulf Stream Avenue by Tangerine Development Company 4. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute a professional services contract with Leggette, Brashears & Graham, Inc./ Greeley and Hansen Engineers, Tampa, Florida, (R.F.P. #97-36) to provide services assisting City staff with water use permit renewal, contamination assessments, and technical aspects of the operation and maintenance of the City's potable water wellfields On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to approve Consent Agenda No. 1, Items 1, 2, and 4. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 3. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute a contract with Barger & Dean Architects, Inc., Sarasota, Florida, (R.F.P. #97-29) to provide design sewers for the renovations and interior remodeling of various City owned buildings on an "as needed" basis for a one year period BOOK 41 Page 14374 04/07/97 6:00 P.M. BOOK 41 Page 14375 04/07/97 6:00 P.M. Commissioner Patterson stated that her husband's law firm represents Barger & Dean Architects, Inc.; therefore, she is declaring a conflict of interest and will not vote on this item. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Item No. 3. Motion carried unanimously (4 to 0): : Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes; Cardamone, yes. 5. Approval Re: Amendment to the 1993-94 Community Development Block Grant Commissioner Patterson stated that the concept proposed under Item No. 5 is supported; however, the back-up material was insufficient regarding the purchase of the property on Dr. Martin Luther King, Jr. Way; that the $68,000 purchase price seems excessive; and asked the purpose for the City's purchasing the property, the intended use for the parcel, and if an : item with additional data will be brought to the Commission for approval before the property is purchased? City Manager Sollenberger stated that the $68,000 estimate includes demolition and site improvement costs; that the acquisition price of approximately $50,000 was negotiated but is above the appraised value; that additional data will be presented when Commission authorization for the purchase of the property is requested; that the area will be better served by the removal of the "frictional" structure from the property; that the parcel is adjacent to City-owned property located across from Dr. Martin Luther King, Jr. Park, which is currently used as off-street parking for major events; that the intent is to remove the existing concrete slabs and improve the City-owned parcel as a turfed area; that purchase of the adjacent property would allow for an expansion of the off-street parking or, potentially, development of an African-American Cultural Center. Commissioner Patterson requested that the property appraisal be included when the item is brought back to the Commission. Commissioner Patterson asked if converting the existing structure into an African-American art museum or cultural center would be feasible? City Manager Sollenberger stated no. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Item No. 5. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-976) - ADOPTED; ITEM 2 (ORDINANCE NO. 97-3991) = ADOPTED; ITEM 3 (ORDINANCE NO. 97-3992) - ADOPTED (AGENDA ITEM III-B) #1 (1290) through (1379) City Auditor and Clerk Robinson read proposed Resolution No. 97R-976 in its entirety and proposed Ordinance Nos. 97-3991 and 97-3992 by title only. 1. Adoption Re: Proposed Resolution No. 97R-976, appropriating $44,000 from the unappropriated fund balance of the General Fund to reimburse Sarasota County for the Firefighter Sick Leave Fund for 1996 per the Interlocal Agreement, etc. 2. Adoption Re: Second reading of proposed Ordinance No. 97-3991, approving substitution of Preliminary Site and Development Plan 97-PSD-07 to permit the construction of a seventy-eight (78) unit Marriott Residence Inn Motel in an existing COP Zone District in lieu of the previously approved Site and Development Plan 90-W which had permitted construction of a shopping center; and approving Preliminary Site and Development Plan 97- PSD-07 for construction of a 78 unit Marriott Residence Inn Motel on property located on the south side of University Parkway (formerly Desoto Road) east of and adjacent to Royal Palm Avenue with a street address of 1040 University Parkway; more particularly described herein; etc. (Title Only) (Petition Nos. 97-CO-04 & 97- PSD-07 Petitioner Bruce E. Franklin, as agent for McKibbon Hotel Group, Inc.) 3. Adoption Re: Second reading of proposed Ordinance No. 97-3992, conditionally rezoning property from RMF-2 Zone District to G Zone District and to approve Final Site and Development 97-PSD-08 to permit a stormwater retention area and provide a landscaped outdoor recreation space for use by the residents of J.H. Floyd Sunshine Manor (an adult congregate living facility) in conjunction with existing facilities on the following described property: said property lies on the north side of 18th Street east of North Osprey Avenue with a Street address of 1835 18th Street, Sarasota, Florida: more particularly described herein; etc. (Title Only) (Petition Nos. 97-C0-05 & 97-PSD-08, Petitioner Daniel S. Sagan, representing J.H. Floyd Sunshine Manor) On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to adopt Consent Agenda No. 2, Items 1 through 3 inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried BOOK 41 Page 14376 04/07/97 6:00 P.M. BOOK 41 Page 14377 04/07/97 6:00 P.M. unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mayor Cardamone requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City. Auditor and Clerk Robinson. 10.PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3989, TO REZONE CERTAIN PARCELS OF REAL PROPERTY TO THE COMMERCIAL BUBINE88-MENTOMN ZONE DISTRICT; SAID PARCELS BEING LOCATED IN THE VICINITY OF DR. MARTIN LUTHER KING, JR. (MLK) WAY FROM U.S. 301 WEST TO COCOANUT AVENUE; SAID REZONING BEING LIMITED TO THOSE PARCELS WHICH ARE CURRENTLY ZONED COMMERCIAL NEIGHBORHOOD (CN), AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 95-RE-01, CITY OF SARASOTA) - PASSED ON FIRST READING; DIRECTED THE ADMINISTRATION TO IDENTIFY PARCELS FOR POTENTIAL PURCHASE AND DEVELOPMENT FOR PUBLIC PARKING (AGENDA ITEM IV-1) #2 (1435) through (2566) Jane Robinson, Director of Planning and Development, came before the Commission and stated that Petition No. 95-RE-01 is a City- initiated proposal to rezone properties located along Dr. Martin Luther King, Jr. (MLK) Way between Cocoanut Avenue and U.S. 301 from the Commercial, Neighborhood (CN) Zone District to the Commercial Business-Newtown (CBN) Zone District; that the CBN Zone District, which was adopted on May 3, 1993, was created to provide an impetus for economic redevelopment by liberalizing development standards, i.e., setbacks and parking requirements; that main streets throughout the Country are being revitalized; that Sarasota has several "main street" locales: Hillview Street at Southside Village, Main Street in the Downtown, St. Armands Circle on St. Armands Key, and MLK Way in Newtown; that pedestrian-oriented main streets with residential uses nearby enjoy success; that the Planning Board/Local Planning Agency (PBLP) found Petition No. 95-RE-01 consistent with the Sarasota City Plan and recommended Commission approval. Mayor Cardamone opened the public hearing. The following people came before the Commission: China Smith, 3511 West Pershing Avenue (34234) stated that he has been a City resident for 40 years, graduated from Cardinal Mooney High School, was involved with the Sun Devils football organization for six years, currently coaches at Riverview High School, and is one of the Directors of the Boxing Club; that restricted hours of operation should not be stipulated only for rezonings in the black community; that major problems will arise if Newtown establishments are required to close at 2 a.m.; that people come to Newtown from other areas, i.e., Laurel, Venice, Palmetto, and St. Petersburg; that racial issues and police brutality could result if blacks are found in other areas of Sarasota after 2 a.m.i that Newtown restaurants and businesses should remain open for the people who gather to enjoy food and socialize after other establishments in Sarasota close, e.g., Sarasota Quay; that the people will continue to gather on MLK Way even if the establishments are closed which will create a greater problem with crowds; that the problem is not specifically related to the youth. Willis Smith, 1960 Dr. Martin Luther King, Jr. Way (34234), stated that the problems with traffic on adjacent residential streets resulting from a lack of parking on MLK Way will increase if the proposed rezoning is approved and construction of additional buildings without adequate parking is allowed; that problems with the crowds will also increase if construction of additional commercial businesses is allowed on 50-foot-wide parcels; and requested that the properties at 1960 = 1968 MLK Way be excluded from the proposed rezoning to the CBN Zone District and 2 a.m. closure. Cynthia Griffin, stated that rezoning parcels to assist in the economic redevelopment of Newtown is supported; however, the hours of operation for businesses in Newtown should not be restricted in an attempt to control drug trafficking; that drug- related activities occur during the late evening and early morning hours throughout America; that restricting hours of operation only in Newtown will not resolve the problem; that many of the youth hanging out on MLK Way are not selling drugs but socializing; that the youth have no where else to go as racial problems exist in Sarasota. Ms. Griffin continued that, unfortunately, the sale of illegal drugs is the only economic development thriving in the Newtown community; that many of the drug dealers do not enjoy selling drugs but other jobs are not available; that generating jobs in the Newtown community is necessary; that people with talent need to offer assistance to those who are struggling; that funds are needed to renovate buildings; that many properties in Newtown could be condemned; that the youth need a place to go to socialize where supervision is provided; that imposing a curfew is not the answer; that many of the youth do not read the ordinances; that the crowd gathering will go somewhere; that the youth today are rebellious; that Newton needs leadership from within the community; that she is willing to assist if others will come forward to provide the leadership necessary. BOOK 41 Page 14378 04/07/97 6:00 P.M. BOOK 41 Page 14379 04/07/97 6:00 P.M. Arthur Franklin Daley, 1963 Dr. Martin Luther King, Jr. Way (34234), stated that restricting the hours of operation to a 2 a.m. closing on Thursdays, Fridays, Saturdays, and Sundays would adversely affect the operation of his business; that the amount of chicken wings sold between the hours of 1:30 and 2:30 a.m. is substantial; that continuous harassment is associated with purchasing and operating a business on MLK Way; that he attempts to keep his establishment free of drugs, which puts him in a difficult position; that the police are called frequently; that the problems are created by only a few people. Clinton Jones, 2655 Pershing Avenue, representing Jones Bails Bonds, Newtown Social Club, Second Chance Last Opportunity, and Backflash Paging Services, stated that all parcels on MLK Way and adjacent parcels 300 feet to the north and south should be rezoned to commercial; that residential development on MLK Way will not be viable; that the parcels should be rezoned to the CBN Zone District first with the hours of operation and curfews addressed at a later date; that Newtown should be treated the same as other commercial areas in the City. Mayor Cardamone stated that a curfew is not proposed. V. Peter Schneider, Deputy City Manager, came forward and stated that the businesses will be required to close at 2 a.m.; that the proposed ordinance does not prohibit activity from occurring on the street after that time. Clarence Bryant, 1720 32nd Street (34234), stated that his undeveloped property on the corner of Orange Avenue and MLK Way is zoned Residential, Multiple Family (RMF-3, RMF-4); that the remaining lots on the corner are owned by one person; that development of single-family on MLK Way is not feasible; that RMF-3 and RMF-4 zoning allows the development of high-density housing projects, which is not desirable on MLK Way; that the parcels do not meet the minimum requirements to develop uses permitted in the RMF-3 and RMF-4 Zone Districts; therefore, should be rezoned. Mr. Bryant continued that he had intended to build a vegetable stand on the RMF-zoned property referenced; that road and water/sewer impact fees to construct a 1,000-square-foot building were estimated at $6,000; that processing a rezoning petition to rezone the property to allow construction of a vegetable stand was estimated at $5,000; that constructing a 1,000-square-foot building on Bird Key would cost less; that the impact fees associated with improving an undeveloped parcel discourage economic development on MLK Way; that all the properties fronting on MLK Way should be rezoned to the CBN Zone District. Mayor Cardamone stated that certain parts of the City have been exempted from impact fees to encourage redevelopment; and asked for comment from the Administration. Mr. Schneider stated that the MLK Way corridor was not included in the area exempted from impact fees by the County; that creation of an economic development plan for the MLK Way corridor would provide the justification necessary for the City to request an exemption from the County. Mayor Cardamone stated that the City Commission is aware of the disincentives the County's impact fee schedule creates for development within the City; that the potential of opting out of the County's impact fee schedule has been discussed; that she would support requesting the County to exempt the properties on MLK Way from the impact fee schedule after the properties are rezoned. Commissioner Patterson stated that as she understood, areas were not exempted from the County's impact fee schedule but made eligible to receive reimbursement from another funding source, which may have been depleted by a couple of major development projects within the County. Mr. Schneider stated that is correct; that the properties are not exempted from the County's impact fee schedule; that the County utilizes other funding sources to supplement the impact fees; that several sources of funds have been used. Commissioner Patterson stated that a meeting between the City Commission and Board of County Commissioners should be scheduled to discuss the issue. Vice Mayor Pillot and Mayor Cardamone agreed. Commissioner Patterson stated that Staff's intention regarding analysis of the properties on MLK Way adjacent to CN-zoned properties for potential rezoning to CBN Zone District should be clarified. Mr. Bryant stated that a change to the Comprehensive Plan is required before the properties in the RMF Zone District could be rezoned to the CBN Zone District. Vice Mayor Pillot stated that properties on MLK Way have more need and justification for economic development than any other parcels in the City; that he agrees the Administration should be requested to move forward with the County on that issue as soon as possible. Vice Mayor Pillot requested that a status report regarding the City's position on the issue of impact fees be provided at a future Commission meeting. BOOK 41 Page 14380 04/07/97 6:00 P.M. BOOK 41 Page 14381 04/07/97 6:00 P.M. Mr. Schneider stated that an item will be scheduled on a future agenda. Mr. Bryant stated that he resides and owns businesses in Newtown; that restricting the hours of operation in the CBN Zone District to a 2 a.m. closing is supported; that Newtown needs to be cleaned upi that the only business occurring after 2 a.m. is derived from drug activity. Ethel Byrd, 2838 Maple Avenue (34234), representing the Newtown Task Force and Newtown residents, stated that the noise and traffic generated by the activities occurring on MLK Way prevents residents in Newtown from sleeping at night; that consideration should be given to the City's making available alternative property for purchase to which the residents could relocate, thus leaving Newtown to the commercial establishments; that the amount and speed of the traffic traveling to and from businesses on MLK Way makes the adjacent residential areas unsafe for children to play; that the efforts of residents to make a neighborhood in Newtown are being destroyed by the focus on economic development; that restricting the hours of operation on MLK Way to a 2 a.m. closing is supported; that the only business occurring after 2 a.m. is derived from drug activity; that the situation has worsened since she last spoke before the Commission. James Thomas, 1340 15th Street (34236), stated that he intends to purchase the property facing U.S. 301. on the west side of 24th Street to build a fast food restaurant or car wash/detail business; that the property, currently zoned RMF-3, is surrounded by commercial businesses; that the current Zoning is outdated; and requested a change in the zoning be considered. Mayor Cardamone stated that the zoning appears outdated and should be examined by Staff. James West 1507 25th Street (34234), stated that he owns and has operated J & L Bar-b-Que on MLK Way for 35 years; that a former Commission approved a grant which cleaned up MLK Way many years ago; that restricting the hours of operation for all businesses on MLK Way to a 2 a.m. closing is supported; that widening MLK Way from U.S. 301 to Cocoanut Avenue or U.S. 41 should be considered; that additional investment will be made to improve the large parcel he owns if the area is cleaned up; however, his property will be sold and his business relocated if the drug activity, which is affecting patronage, continues. Commissioner Patterson asked if broadening the commercial zoning along MLK Way is supported? Mr. West stated yes. Commissioner Patterson asked if restricting all businesses, including funeral homes, churches, and emergency care facilities, which are exempted in the proposed ordinance, is supported? Mr. West stated that most churches are closed at 2 a.m.; that the area needs to be cleaned up before investment in the area will occur; that a property on 25th Street was in such ill repair that the structure literally fell over; that retaining good tenants in rental properties is becoming increasingly difficult because of the surrounding conditions; that ten years ago, he paid $20,000 to construct a building which the City will not allow him to use; that redevelopment of his property would provide work for people in Newtown; and requested consideration for rezoning the parcel referenced. Mayor Cardamone stated that the Commission has approved a streetscape project for MLK Wayi that the goal of the Commission is to encourage economic redevelopment of MLK Way and achieve the successful main street which existed many years ago. Commissioner Merrill asked if acquiring properties to widen MLK Way from two to four lanes or sufficiently to provide angle parking along the corridor is supported? Mr. West stated yes, similar to the improvements made to Central Avenue; that the medians should be removed. Commissioner Merrill asked if the street lights are adequate? Mr. West stated no; that the lights are too dim and continuously require maintenance. Jeston Grimes, 2741 North Osprey Avenue (34234), representing the Newtown Task Force, stated that the Newtown Task Force supports the rezoning of CN-zoned properties on MLK Way to the CBN Zone District and restricting the hours of operation to a 2 a.m. closing; that the MLK Way Streetscape Project includes sufficient lighting and removal of the center-lane medians; that the plans and blueprints for the Streetscape Project should be made available for viewing by the public. Vice Mayor Pillot asked if the plans and blueprints could be displayed at Mr. Grimes' building on MLK Way? Mr. Grimes stated yes; that the items could also be displayed at the Goodwill building on MLK Way. Mr. Schneider stated that the materials requested will be provided to Mr. Grimes. Commissioner Merrill stated that a shortage of east/west routes between U.S. 301 and U.S. 41 exist; that widening MLK Way to four lanes and expanding the vehicular traffic would be positive from a BOOK 41 Page 14382 04/07/97 6:00 P.M. BOOK 41 Page 14383 04/07/97 6:00 P.M. retail perspective; however, the pedestrian-oriented character of the street would be changed; and asked for comment regarding the suggestion of Mr. West to widen the roadway versus retaining a pedestrian-oriented character. Mr. Grimes stated that a four-lane concept is not supported; that a two-lane concept and slow traffic is more appropriate for MLK Wayi that entities and businesses reflecting the authenticity of the community and which will attract people to the area are necessary; that the majority of business will be derived from pedestrian traffic. Commissioner Patterson requested that a suggestion box be displayed along with the MLK Way Streetscape Project plans; that the city has already received public input on the Project, but additional input could be beneficial; that City plans on which suggestions have been incorporated from the community have been the most successful. Mr. Grimes stated that a mechanism for collecting suggestions will be established. Dana Smith, 1401 Dr. Martin Luther King, Jr. Way/3109 Newtown Boulevard (34234), stated that she owns the property at the corner of MLK Way and Central Avenue; that a business is not operated on the property at this time; however, establishing a retail business is anticipated; that hours of operation should be established at the discretion of the business owner; that people who cannot or do not sleep at night should have a place to. go; that a street should not be closed because of problems created by a few people; that although the problem may be more visible in Newtown, drug activity occurs throughout Sarasota County; that fencing or buffering to mitigate the impacts of businesses on residents attempting to sleep could be considered, e.g., a concrete wall; however, restricting the hours of operation to a 2 a.m. closing is opposed; that people who want to hang out will find a place, as occurs nationwide. Ms. Smith continued that she participated in the public input meetings held two years ago regarding a streetscape project for MLK Way; however, the final plan has not been viewed; that the lighting should be expanded and extend to Dr. Martin Luther King, Jr. Way Park; that the lighting on MLK Way is inadequate from Osprey Avenue to the west; that the existing lighting is bright but improperly located. Ms. Smith requested that copies of the plans and blueprints for the MLK Way Streetscape Project be provided to and posted at all of the businesses along MLK Way or published in the Bulletin or Tempo News. Mr. Schneider stated that copies will be provided to businesses willing to display the MLK Way Streetscape Project plans. Mayor Cardamone asked the time frame anticipated for completion of the Streetscape Project? Mr. Schneider stated that the bidding process is underway; however, the contract has not been awarded. Commissioner Dupree stated that he was informed the Request for Proposals had been issued, construction would begin in March or April, and the project would be completed by December of 1997. Commissioner Patterson stated that only minor changes may be possible at this point. Mr. Schneider stated that the issue will be clarified when the City Manager returns to the Commission Chambers. Kerry Kirschner, former City Commissioner and Mayor, 1590 Gulfview Drive (34236), stated that the Commission is commended for having the initiative to attempt to improve MLK Way and the Newtown area; that $1 million was allocated and expended to improve MLK Way when he was on the City Commission; however, the same problems still exist; that a streetscape project alone will not solve the problems experienced in the black community; that programs, i.e., providing storefront assistance to merchants should be considered; that a zero-tolerance policy regarding drug activity should be established and enforced on a continual not an occasional basis; that Main Street is not restricted to whites only; that MLK Way should not be restricted to blacks or drug dealers only. Mr. Kirschner continued that a recent study showed that the black community represents only 5% of the population in Sarasota County; however, 30% of that population lives below poverty standards; that drug activity, which is one of the biggest problems, is also the major economic generator in the black community; that restricting the hours of operation to a 2 a.m. closing is opposed by restaurant owners who derive the majority of their income from the people with money, the drug dealers who frequent the businesses on MLK Way after 2 a.m. Mr. Kirschner further stated that the issue raised regarding impact fees is disturbing; that Mr. Bryant was correct; that impact fees associated with constructing a new single-family home on Bird Key are less than those imposed for constructing a small commercial building on MLK Way; that the City Commission's previously expressed support for potentially eliminating impact fees in the city of Sarasota is commended. Mr. Kirschner stated further that, hopefully, rezoning parcels on MLK Way to the CBN Zone District will be the first of many BOOK 41 Page 14384 04/07/97 6:00 P.M. BOOK 41 Page 14385 04/07/97 6:00 P.M. economic development programs initiated to improve the area; that the business community should also step forward to assist in addressing the problems and in revitalizing MLK Way to achieve a viable business area similar to that which existed 20 years ago. Saul Johnson, 2731 Dixie Avenue (34234), stated that he has been a resident on Dixie Avenue since 1936 and owns seven parcels of property, none of which is further than 300 feet from MLK Way; that a lack of parking on MLK Way generates increased traffic on adjacent streets; that the late-hour noise disturbs residents who require sleep before leaving for work each morning; that the police should resolve the problems with drug activities; that the burden should not be placed on the residents or the business owners; however, adequate parking space on MLK Way would provide some relief to residents; that many of the businesses are small, walk-in establishments with no seating, storage capacity, or parking; that attempting to make a living from an 8- X 10-foot building on MLK Way is nearly impossible; that larger buildings would provide for more viable businesses; that permits and licenses are issued which allow businesses to sell beer, but the size of the buildings prevents the serving and consumption of beer on the premises; therefore, the beer is consumed along MLK Way and the bottles are discarded along the street and sidewalks. James Jones, representing Positive Youth Group (34234), stated Newtown is a part of the City of Sarasota; that due to the rising public dissatisfaction with young people loitering on the street corners for illegal purposes, a cry from the people has been heard for an adequate system to prerequisite a meaningful program of control and prevention; that the loitering young men and women need a direction of motives and drives; that most are untrained in such middle-class virtues as ambition, ability to defer the gratification of their immediate desires for the sake of long- term goals, self-discipline, and job skills, hence poorly prepared to compete in the middle-class world; that discontent with life circumstances, these young people feel society has somehow dealt them a bad hand and attempt to gain retribution through any means necessary, even if a jail sentence is the result; that, for whatever reason, the majority of these young people have failed to find good role models, which has led to a failed adaptation of moral values; that members of the Newtown community have come together and established an organization which plans to develop positive programs for young people. Mr. Jones continued that See Beyond 2000, Christian Brothers Embracing Youth and Organizing a New Direction, is a program designed to prevent further loitering; that the organization has taken the initiative to provide role models from the community, one of whom is Saul Johnson, former supervisor of Higgins, Inc., a large construction company, who has substantial experience in various areas; that many professionals and college graduates live in Newtown who can serve as role models and instruct classes; that programs being developed will provide youth with the ability and motivation to build for themselves a law-abiding and socially-approved way of life; that the organization has been started to assist youth in the community in learning how to support their dependents, thus stopping a continuous welfare cycle; that the solution to the problem with loitering in the Newtown community is not to rezone properties but to offer training and other elements which will help change young people's perception of an acceptable way of life. Mr. Jones further stated that the organization, which has over 2,000 members, plans to make a presentation, provide details on the programs, and request funding assistance from the Commission in the near future. Rosemary Brown, 1951 19th Street (34234), stated that people express concern regarding drugs in the Newtown area; however, drug rehabilitation centers and drug treatment programs to stabilize the minds of youth are not available in Newtown; that rezoning the parcels hopefully will provide for revitalization of the area with health stores offering herbs and nutritional items and libraries providing a quiet place for studies; that the new businesses should help the community progressi; that the youth who are trying to be patient, to learn, and to reach for goals need assistance; that the elderly are becoming tired and worn down; that the government officials and young people in the community need to step forward and prevent the conditions in Sarasota from becoming similar to those in Atlanta, Georgia, or areas of California and New York. Raymond Burton, owner, Big Daddy's BBO, 1839 Dr. Martin Luther King, Jr. Way (34234), stated that people have different ideas regarding the types of uses which will help revitalize Newtown; that restricting the hours of operation to a 2 a.m. closing is opposed; that Winn Dixie and Denny's are open 24 hours; that restaurants in Newtown should be afforded the same opportunity; that 24-hour operations would provide jobs in the community. Gerald Jenkins, 1938 Dr. Martin Luther King, Jr. Way (34234), representing SeChrest Bail Bonds, Inc., stated that a bail bondsman is a 24-hour occupation and a business which should not be required close at 2 a.m.; that curfews are opposed; that others should not direct the time at which adults should go home; that he resides on the corner of Dixie Avenue and MLK Way; that the level of noise generated on MLK Way does not keep him awake; that chains are used to prevent vehicles from parking in his yard; that the field across from the Newtown Social Club, which is currently gated, could be opened and utilized to alleviate problems with traffic which is affecting other residents. Mr. Jenkins continued that the proposed ordinance is viewed as a first step toward imposing future restrictions in Newtown; that BOOK 41 Page 14386 04/07/97 6:00 P.M. BOOK 41 Page 14387 04/07/97 6:00 P.M. the rezoning could be supported if the 2 a.m. curfew was eliminated; that the people recently referenced in the newspaper do not own businesses on MLK Way but on Osprey Avenue; that the businesses on Osprey Avenue voluntarily close. at 9 p.m.i that the businesses on MLK Way are provided with an opportunity to make money when other businesses close; that after leaving the Capricorn on Central Avenue, people frequent the Town Hall Restaurant on the corner of Pershing Avenue and MLK Way to enjoy chicken wings and sandwiches; that many people, including himself, do not want to eat at Denny's or the International House of Pancakes (IHOP); that all businesses on MLK Way should be allowed to remain open past 2 a.m., which is when the majority of his income is earned. Michael Paragon, owner, PowerPoint Graphics, 1412 21st Avenue East (34208), stated that his business is operated on MLK Way; that restricting the hours of operation to a 2 a.m. closing is supported; that the only customers business owners would be losing are drug dealers and people participating in drug activities; that a reduction in drug trafficking will increase patronage by area residents. Mr. Paragon continued that people are welcome to attend Newtown Task Force meetings held on the second and last Tuesdays of each month; that a Task Force meeting is being held tomorrow at 7:30 a.m.; that requests to display plans, blueprints, and suggestion boxes for the MLK Way Streetscape Project by interested business owners can be forwarded to the Task Force; that further consideration of the Streetscape Project is necessary; that $3 million should not be expended primarily on sidewalks and street lights; that improvements beyond the street level are necessary for MLK Way to be a viable business center; that providing angle parking should be considered; that a four-lane widening would be excessive; however, adding a center lane could be supported. Mr. Paragon further stated that the issue of impact fees should be addressed to encourage economic development of properties on MLK Way. Jesse Johnson, 919 Goodrich Avenue (34236), stated that he has resided in Sarasota since 1963; that consideration should be given to programs which would generate jobs for the young people who are running the streets and earning a living by selling drugs; that a curfew will not resolve the problems; that funding should be allocated to provide decent jobs for those desiring to work; that residents, business owners, and the police should have taken a firm stand against drug dealing activities when the problem first began; that the situation is out of control; that any person who approaches a police officer regarding the sale of drugs should be arrested, regardless of the quantity the person is attempting to sell; that police officers often let the drug dealers pass; that parents should not allow children to sell drugs from their homes or drive their vehicles if doing drugs; that residents should be concerned and make an effort to improve the neighborhood. Mr. Johnson continued that the Commission continuously allocates funding to improve other parts of the City; that Newtown is part of the downtown; that funding should be allocated to establish programs which will make a positive difference in Newtown; that Newtown residents will not be hired to work on the MLK Way Streetscape Project; that the contractor will hire people from out of town. Mr. Johnson further stated that the Newtown area will not be improved until the drug activities are stopped. Lance Shabazz, owner, Brother Lance Fish and Crab Supreme, 2745 North Osprey Avenue (34234), stated that his business closes at 9 p.m. on weekdays and at midnight or 1 a.m. on the weekends; however, restricting the hours of operation on MLK Way to a 2 a.m. closing is opposed; that Denny's, the IHOP, and the Buttery are allowed to operate 24 hours; that business owners on MLK Way should have the opportunity to operate 24 hours if desired. Mr. Shabazz continued that revisions to the language in the City of Sarasota Zoning Code are necessary; that the Zoning Code refers to "the sale of drugs and similar products" as a permitted activity on MLK Way; that the language does not refer to prescription drugs and medical supplies; that operating a bakery is permitted but operating a wholesale bakery, from which greater income could be derived, is not allowed; that changes to the language are necessary to improve attitudes and promote economic development other than drug trafficking in the Newtown community. Mayor Cardamone stated that the City does not authorize the sale of illegal drugs; that the issue will be referred to the Administration. Bruce Franklin, 149 Cocoanut Avenue, representing Sarasota Educational Assistance Program, stated that rezoning CN-zoned properties on MLK Way to the CBN Zone District and initiating the MLK Way Streetscape Project are steps in the right direction but only small steps; that enforcement and laws should be utilized to deal with drug-related problems which exist today; however, measures are necessary to prevent continued drug activity in the future; that Sarasota Educational Assistance Program is a drug rehabilitation program which focuses on and invests in the children of the community by providing an after-school tutorial program and sponsoring activities, i.e., the Newtown Boys Scout Troop, and the Men Against Destruction and Dads Against Drugs and Social Disorder (MAD DADS) program; that the Commission's past and continued support of the Program is appreciated; that community participation has been incredible; that over 300 youth BOOK 41 Page 14388 04/07/97 6:00 P.M. BOOK 41 Page 14389 04/07/97 6:00 P.M. attended the Christmas program; that the Boys Scout Troop has 32 members after only one year; that 350 to 400 children daily voluntarily attend the after-school programs offered at three sites. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. Ms. Robinson referred to and explained a parcel map which highlighted the CN-zoned properties being rezoned to the CBN Zone District and properties eligible for the CN Zone District on Future Land Use Map 13 which are not being rezoned. Ms. Robinson stated that the City could initiate a rezoning of the properties eligible for the CN Zone District to the CBN Zone District; however, people residing in the area are concerned with rezoning the properties to commercial and an increase in property taxes; that the properties zoned RMF-2,-3, -4, -5 and -6 would be eligible for a Comprehensive Plan Amendment; that the Planning Department is currently accepting petitions and proceeding with the Comprehensive Plan Update, which is scheduled for completion in January 1998. Mayor Cardamone asked if the RMF-zoned properties fronting on MLK Way could be made eligible for either the RMF or CBN Zone Districts? Ms. Robinson stated that the issue can be addressed during the Comprehensive Plan Update. Commissioner Patterson asked if the potential of rezoning properties fronting on U.S. 301 to the north and south of MLK Way has been reviewed by Staff? Ms. Robinson stated no; that, at the time, the Florida Department of Transportation (FDOT) and the Sarasota-Manatee Metropolitan Planning Agency (MPO) were conducting a corridor study and considering improvements to U.S. 301. Mayor Cardamone stated that Washington Court is an access road which parallels U.S. 301; that the majority of properties on Washington Court are single-family residences facing but not fronting on U.S. 301. Commissioner Patterson stated that developing or redeveloping properties on Washington Court as desirable single-family would be difficult considering the proximity to U.S. 301. Commissioner Patterson continued that two or three properties on the east side of Gillespie Avenue to the south of MLK Way are surrounded by potential commercial but not referenced as eligible for rezoning to the CN Zone District. Mayor Cardamone stated that speakers have indicated the size of the RMF-zoned properties prevents the development of RMF uses; that initiating another rezoning ordinance should be considered. Ms. Robinson stated that the issues raised will be reviewed for further consideration during the Comprehensive Plan Update process. City Manager Sollenberger clarified that issuance of the Request for Proposals (RFP) on the MLK Way Streetscape Project is scheduled for the end of April; that construction is anticipated to commence during the summer months and be completed by the end of December 1997. Mayor Cardamone stated that the comments heard regarding employment opportunities for area residents to work on the Project should be considered. City Manager Sollenberger stated that the issue will be considered for inclusion as part of the bidding process for the MLK Way Streetscape Project. Mayor Cardamone asked for clarification regarding the impact fees assessed when a structure on a previously developed property is demolished and rebuilt. City Manager Sollenberger stated that credits for road impact fees and water/sewer impact fees are allowed; that vacant property on which a structure had previously been developed will be examined in accordance with changes of use and intensity of the use; that road impact fee credits will be allowed based on review and analysis by the Building Department; that a property previously served by water/sewer, which does not require an increase in the size of the water meter, etc., will not be assessed a water/sewer impact fee; that a credit for the existing meter is provided toward the water/sewer impact fee if an increase in the size of the meter is necessary. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F,H,J & M and City of Sarasota local amendments All documents made part of the record as the Planning Board/Local Planning Agency's meeting of February 5, 1997, as well as the minutes of that meeting. BOOK 41 Page 14390 04/07/97 6:00 P.M. BOOK 41 Page 14391 04/07/97 6:00 P.M. city Auditor and Clerk Robinson read proposed Ordinance No. 97-3989 by title only. City Manager Sollenberger stated that the Administration does not ordinarily make a recommendation for quasi-judicial matters; however, as the petition was a City-initiated rezoning, the Administration recommends passing proposed Ordinance No. 97-3989 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 97-3989 on first reading. Commissioner Dupree stated that he is concerned with future costs to property owners who want to rezone RMF-zoned properties on MLK Way to the CBN Zone District; and asked the process which will be followed? City Manager Sollenberger stated that the costs assessed would depend on the Commission's policies and attitude toward the revitalization of the MLK Way corridor; that the Commission could fund the cost of the rezonings as an incentive for development; that a mass rezoning would be more economical to the City. City Auditor and Clerk Robinson stated that the Commission made a similar policy decision regarding rezonings of parcels on North Tamiami Trail; that mass rezonings at no cost to the property owners have been provided three different times. Vice Mayor Pillot stated that absent an Administration's recommendation to the contrary, providing a City incentive for rezoning of parcels on MLK Way would be supported. Commissioner Patterson stated that Staff recommendations and analysis will be forthcoming; that addressing the remaining parcels on MLK Way through a mass City-initiated rezoning could be supported if a determination is made that rezoning the parcels to the CBN Zone District will provide a positive benefit. Commissioner Dupree stated that many of the parcels on MLK Way have been vacant for 20 or 30 years; that simply rezoning the properties may not encourage development. Mayor Cardamone stated that the rezonings and completion of the MLK Way Streetscape Project will hopefully provide an impetus and make the properties more attractive for development or redevelopment, similar to what has occurred on Central Avenue. Commissioner Merrill stated that opposition regarding restricting the hours of operation to a 2 a.m. closing has been heard; however, input regarding the different characteristic of business before 2 a.m. and after 2 a.m. has also been heard; that he supports the ordinance as drafted. Commissioner Merrill continued that the Streetscape Project * and future rezonings have been issues raised; that the success of MLK Way is dependent on a change in market forces; that focusing on a pedestrian environment, creating an area dependent upon the surrounding densities and disposable income of residents, may limit the potential for economic development; that MLK Way is surrounded by fairly low-income neighborhoods; that increasing traffic may change the character of the area; that creating a bigger, critical mass of commercial uses may attract people to the area, but the issue of inadequate parking would have to be addressed; that a former Commission expended $1 million toward a streetscape project which did not revitalized the area; that improving the area should be viewed more from the perspective of economic development than simply as providing a streetscape or a , Commission in eight years may again consider allocating $1 million to redo the streetscape this Commission directed in the hope of revitalizing the area; that the area will not be successful until the market forces are improved. Mayor Cardamone stated that parking is an important issue regarding the success of MLK Way; that anyone planning to invest in the area will have to purchase property for parking; that numerous vacant lots are available which could be purchased and used for parking; that the City could also consider utilizing some of the properties to provide parking. Commissioner Patterson stated that purchasing properties along MLK Way to create additional parking has been discussed in the past; that passing the proposed ordinance will allow buildings of 3,000 square feet or less to be constructed without providing parking, which creates a clear mandate for the City to develop public parking; that the Commission should request the Administration to locate parcels along MLK Way on which public parking can be developed; that providing public parking will create potential for success; that purchasing property on MLK Way before the area becomes successful will be more economical to the City; that the issue of a critical mass of commercial uses which was raised by Commissioner Merrill is also important. City Manager Sollenberger stated that the MLK Way Streetscape will be designed similar to that on Central Avenue, thus providing additional parking spaces. Commissioner Dupree stated that the additional parking spaces gained will be limited. Mayor Cardamone stated that hearing no objections, the Administration is directed to identify parcels on MLK Way for potential City purchase and development of public parking. BOOK 41 Page 14392 04/07/97 6:00 P.M. BOOK 41 Page 14393 04/07/97 6:00 P.M. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 11. PRESENTATION RE: REQUEST EXTENSION OF CONDITIONAL REZONING ORDINANCE NO. 95-3855 FOR A TWO-YEAR PERIOD - DIRECTED THE CITY ATTORNEY TO PREPARE AND THE ADMINISTRATION TO SET FOR PUBLIC HEARING: 1) AN AMENDMENT TO ORDINANCE NO. 96-3955 PROVIDING ELIGIBLE PROPERTY OWNERS AN OPTION TO REQUEST A TWO-YEAR EXTENSION AND 2) AN AMENDMENT TO ORDINANCE NO. 95- 3855 PROPOSING A TWO-YEAR EXTENSION OF THE SITE PLAN APPROVAL (AGENDA ITEM V-1) #2 (2566) through (3165) City Manager Sollenberger stated that a memorandum from Timothy Litchet, Manager of Zoning and Code Enforcement, dated April 2, 1997, outlines the request and the following two options: 1. Take no action. The approved final site and development plan remains in effect in accordance with Ordinance No. 96-3955. The terms adopted in a new Zoning Code will apply to future extensions. Attorney Rees will have to renegotiate the specific contract contingency. 2. Direct preparation and setting for public hearing of an ordinance to extend the conditional rezoning approved by Ordinance No. 95-3855. Stephen Rees, Esquire, Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A. as agent for Richard J. Reynolds, and Terry Copeland, representing T & W Realty Management, Inc.. came before the Commission. Attorney Rees stated that Mr. Litchet's memorandum factually reports the purpose for tonight's request; however, the two options reported are not the only options the Commission could consider. Attorney Rees continued that his client, Mr. Reynolds, obtained a conditional rezoning of the property located at 2075 Fruitville Road, which provided for the potential expiration of the rezoning and a reversion to the prior zoning if the final site plan was not submitted and approved by the Commission within two years from the adoption of the rezoning; that the Commercial, Residential Transition (CRT) Zone District is site specific; that all of the requirements including the relocation and provision of the residential housing have been accomplished and fulfilled by the property owner; that, unfortunately, ill health caused a relocation of the property owner nearly immediately following the approval of the rezoning, and the property was listed for sale; that an agreement for sale was not reached for purchase of the property until February 1997; that Mr. Copeland, as buyer, noted that less than three months remained from the date of the contract for purchase to the expiration of the initial two-year rezoning, and provided in the contract a contingency that the seller, Mr. Reynolds, obtain the two-year extension permissable under the City's Zoning Code. Attorney Rees further stated that as Mr. Litchet's memorandum indicates, in August 1996 the Commission adopted Ordinance No. 96-3955, which stays the expiration of any conditional rezonings within the City; that the problem raised is the lack of certainty as to when the present stay will expire and what will follow; that different responses have been received from various individuals within the City Administration; therefore, direction from the Commission, as the policy maker, regarding how the Administration should respond to a seller or buyer in a similar situation is necessaryi that one would think staying the expiration of an initial two-year period would result in the unexpired term of the initial two-year period continuing to run once the stay has ceased; that Mr. Reynolds and Mr. Copeland are collectively seeking a level of certainty so that the following can occur: 1) the seller, Mr. Reynolds, can close the contract for sale and 2) the buyer, Mr. Copeland, can plan for the improvements to the property. Attorney Rees referred to a rendering of a ,000-square-toot, single-story building with access restricted to East Avenue; and stated that the building proposed by Mr. Copeland is consistent with the preliminary site plan approved by the Commission. Attorney Rees stated that attempting to determine the length of time the buyer will have to submit and obtain approval of a final site and development plan and proceed to pull the building permits and commence construction has been a troublesome issue; that an opinion letter referencing a date certain could not be provided by the seller; that, understandably, the buyer, and. more importantly his construction lender, needs that certainty; therefore, a definite decision is requested from the Commission. Commissioner Patterson asked if the seller, as the property owner, would be eligible to request an extension of an additional two years if the stay of expiration had not been approved? Attorney Rees stated that is correct; that a letter from him to the city dated March 13, 1997, tracks the requirements or conditions precedent to requesting an extension from the City and demonstrates just cause why the seller has not been able to obtain the approval prior to the expiration date. Commissioner Patterson stated that two Classes of property owners appear to have been created by the approval of a stay of BOOK 41 Page 14394 04/07/97 6:00 P.M. BOOK 41 Page 14395 04/07/97 6:00 P.M. expiration on conditional rezonings: 1) those who would otherwise be ineligible for an additional two-year extension that are receiving a benefit, and 2) those who would be eligible for an additional two-year extension that are being penalized. Attorney Rees stated that is correct. Vice Mayor Pillot asked if the request is for an extension of the conditional rezoning through May 1, 1999? Attorney Rees stated that is correct. Mayor Cardamone requested comment from the Administration. Mr. Litchet and Sarah Schenk, City Attorney's Office, came forward. Attorney Schenk stated that in order to treat all property owners fairly, if the Commission intends to grant Attorney Rees' request, the Administration should be directed to amend Ordinance 96-3955 to provide an option for all property owners eligible to request a two-year extension and to provide the Commission with the option of granting the request or continuing the stay of expiration. Mayor Cardamone asked the number of properties affected by the stay of expiration on conditional rezonings? Mr. Litchet stated that four or five properties were identified when the ordinance was adopted; however, additional properties could have been affected subsequently; that the intent of the stay was to establish a standardized manner in which to address the issue regarding conditional rezoning expirations without continuously burdening the Commission with requests; that a property owner's entering into a contract requiring a date certain on which the stay would be lifted was not anticipated when Ordinance No. 96-3955 was drafted. Commissioner Patterson stated that, ironically, the stay was approved as an interim measure while automatic approval of a two- year extension is considered during the Land Development Regulations (LDRs) Update. Vice Mayor Pillot asked the process required if the Commission responds favorably to Attorney Rees' request. Attorney Schenk stated that two ordinances would be set for public hearing: 1) amending Ordinance No. 96-3955, regarding the stay of expiration and 2) amending Ordinance No. 95-3855, to extend the conditional rezoning by two years. Mayor Cardamone asked if the other property owners affected by Ordinance No. 96-3955 will be notified of the public hearing? City Auditor and Clerk Robinson stated that the property owners identified by the Building Department will be notified. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to direct the City Attorney to prepare and the Administration to set for public hearing: 1) an amendment to Ordinance No. 96-3955 providing eligible property owners an option to request a two-year extension and 2) an amendment to Ordinance No. 95-3855 proposing a two-year extension of the site plan approval. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 12. CITIZENS' INPUT CONCERNING CITY TOPICS DIRECTED THE ADMINISTRATION TO PRESENT TO THE COMMISSION AT THE EARLIEST DATE POSSIBLE THE ORDINANCE PREPARED BY THE CITY ATTORNEY'S OFFICE TO ADDRESS TEEN NIGHT AS WELL AS ADDITIONAL RECOMMENDATIONE TO DEAL WITH THE PROBLEM OF LARGE CROWDS OF YOUTH CONGREGATING IN AREAS OF THE CITY (AGENDA ITEM VI) #2 (3170) through (0683) The following people came before the Commission: Philip Dasher, 926 Boulevard of the Arts (34236), representing Marina Suites and Condominium, and Jack Douse, 420 El Vernona Avenue (34236), representing El Vernona Condominium. Mr. Dasher stated that one year ago a request for assistance from the Commission was made regarding three problems: 1) noise, 2) boat noise, and 3) crime. Mr. Dasher continued that In Extremis began operation at Sarasota Quay in 1994; and referred to statistics received from the Sarasota Police Department reflecting the following calls for service made to the area designated as Zone 63, which includes the Hyatt and Sarasota Quay: Year Calls 1992 251 1993 361 1994 405 1995 643 1996 1,061 Mr. Dasher stated that 222 of the 1,061 calls for service in 1996 were noise-related; that Part I crimes, which include aggravated battery, assault on a police officer, controlled substances, motor vehicle theft, rape, robbery, theft from buildings, and shoplifting, doubled from 1995 to 1996. BOOK 41 Page 14396 04/07/97 6:00 P.M. BOOK 41 Page 14397 04/07/97 6:00 P.M. Commissioner Merrill asked if the 1,061 figure includes calls related to suspicious persons and disorderly conduct? Mr. Dasher stated that only 2 calls were made for suspicious persons at the Quay in 1995 and 1 call in 1996; that 54 calls were made for disorderly conduct in 1995 and approximately 36 calls in 1996; that the most calls for service were made for burglaries and theft; that his neighbor was mugged and robbed at 5:45 a.m. in the Hyatt parking lot in August 1996; that the level of crime in the area is unacceptable; that code enforcement in the Quay Basin area is immeasurable; that the provisions of special exceptions are not being enforced; that the majority of the problems are attributed to one business In Extremis. Mr. Dasher continued that over 200 false alarms at the Quay have been responded to in the past 10 years, the majority of which have occurred within the past 5 years. Mr. Douse stated that vandalism and a drive-by shooting damaging several vehicle windows have occurred on El Verona Avenue. Mr. Dasher stated that the Chief of Police provided a report in April 1996 which included rankings based on the worst levels of crime and referenced the level of crime in Sarasota as 23rd of the 320 cities in Florida and 39th with rural county areas included; that being ranked as the 23rd worse city for crime is not an acceptable statistic for an upscale community. Mr. Douse stated that, supposedly, the Quay Basin is the cultural area of Sarasota. Mr. Dasher continued that no reports regarding City efforts to address the problems with boat noise have been received during the past year, although the Administration was provided with the name of an executive at Mercury Marine who assisted in the drafting of ordinances in Fort Lauderdale and is willing to assist the City in drafting an ordinance to address boat noise in Sarasota. Mr. Dasher further stated that the City of Sarasota has one of the largest police forces for a city its size; that a level of frustration is perceived when talking to police officers; that El Vernona Condominiums, 888, 988, and Marina Suites Condominiums pay four times the amount of taxes paid by the entire Sarasota Quay; that the tax contribution by In Extremis is insignificant, but the amount of public funds expended to respond to calls for disturbances related to In Extremis is substantial; that 36 police officers plus 9 off-duty officers responded to the riot which broke out at a recent Teen Night; that the Quay management was unsuccessful in obtaining a court injunction to prevent future Teen Nights at In Extremis. Vice Mayor Pillot stated that he will vote for the most strict enforcement legally permitted; that closing down In Extremis could be supported but may not be legally permitted; and asked for comment by the City Attorney regarding the Commission's options. city Attorney Taylor stated that the management at the Sarasota Quay, which recently went into Court attempting to enjoin the operations of one of the Quay tenants, was unsuccessful; that the representative of the city Attorney's Office who attended the Court hearing reported that the judge clearly was not in favor of granting a temporary restraining order under the circumstances brought forth by Quay management; that the judge's decision in the mahagement's case should not be interpreted that no legal basis exists for a permanent injunction in a proper case; that the Commission could instruct the Administration to emphasize enforcement of laws at the Quayi however, directing the city Attorney's Office to proceed in attempting to "shut down" the operation at the Quay, at this time, would not be in the City's best legal interest as a legal basis for such action does not currently exist. Mr. Dasher stated that the management's request for an injunction was turned down based on the temporary nature and lack of substantial evidence supporting irreparable harm. City Attorney Taylor stated that the Quay management requested a temporary injunction as opposed to a permanent injunction, which, may have a good probability for success with facts being developed concerning Teen Nights; however, petitioning the Court for a permanent injunction is not the type of case which can be developed and presented within a matter of a few days or months but is the type of full-fledged legal action that could take a considerable time to accomplish. Mr. Dasher stated that last year, increased police patrol at Sarasota Quay from 9 p.m. to 3 a.m., the time during which the majority of the problems occur, was requested; that the Administration indicated that granting the request was not possible from a budgetary perspective. Mayor Cardamone stated that police officers are viewed all over the Quay on Teen Nights. Mr. Dasher stated that the disturbances are not occurring only on Teen Nights. Commissioner Patterson stated that a conversation with Mark Singer, City Attorney's Office, regarding Teen Night, revealed the existence of a draft ordinance that would essentially stop BOOK 41 Page 14398 04/07/97 6:00 P.M. BOOK 41 Page 14399 04/07/97 6:00 P.M. Teen Night; and asked if the Commission could consider adopting an ordinance which would essentially prevent under-aged people from congregating in an establishment which serves alcohol? City Attorney Taylor stated that Teen Night is an event which could be regulated by the City; that a number of meetings with representatives of the Quay and In Extremis have taken place; that the City Attorney's Office has drafted an ordinance to deal with Teen Night, which could be brought to the Commission; however, the referenced ordinance would not provide a solution to the problems raised by Mr. Dasher, as the statistics presented relate to nights other than those on which infrequent Teen Nights occur. Commissioner Patterson asked if the ordinance prepared is viewed as legally defensible? City Attorney Taylor stated yes. Commissioner Patterson stated that the Commission should consider requesting the Administration to proceed with an ordinance which would stop Teen Night from occurring; that the majority of the City's police force is required at Sarasota Quay on the evenings Teen Nights are held. Mr. Dasher stated that ceasing Teen Nights would be a good first step. Mayor Cardamone stated that a similar action was requested by Jesse Johnson for Newtown; that problems resulting from large crowds of young adults congregating is not specific to Dr. Martin Luther King, Jr. (MLK) Way; that the problem seems to relocate from the Quay Basin area to MLK Way after 2 a.m. Commissioner Patterson stated that Sarasota is playing host to a multi-county area; that action is necessary to resolve the issue. Mayor Cardamone stated that Teen Night is not attended in the majority by youth from Sarasota; that the majority of youth congregating on MLK Way after 2 a.m. three nights each week are not from Sarasota; that a serious stabbing occurred recently at Teen Night; that progress has been slow in resolving issues which were raised over one year ago; that she is becoming impatient. Mr. Dasher stated that a proliferation of trash and broken beer bottles are continuously deposited on El Vernona Avenue and streets surrounding Sarasota Quay. Mayor Cardamone stated that continuous clean-up of the trash generated by the activities referenced is funded by the City; that streetsweeping on MLK Way is required every day. Vice Mayor Pillot stated that sitting at the Commission table month after month or year after year awaiting a resolve to the problem is frustrating; however, going home and listening to noise emanating or dealing with issues resulting from activities at In Extremis or other establishments is probably extremely more frustrating for Mr. Dasher and Mr. Douse; that he will support the strongest measures the City can legally take or that the City Attorney views as legally defensible to cease the undesirable activities occurring not only at In Extremis or Sarasota Quay, in general, but also elsewhere; that the Administration and the city Attorney should be directed to report back as quickly as possible with the strongest language, strongest ordinance, and/or strongest action viewed as legally defensible to resolve the issue of large crowds of youth congregating and the budget required to implement and enforce actions recommended. Commissioner Dupree stated that taking strong action as proposed is supported; however, Commission action will not solve but only relocate the problems resulting from heavy concentrations of youth' congregating at night; that parents must be held accountable and made responsible for their children. Vice Mayor Pillot stated that during his years as Superintendent of Schools in Sarasota County, youth with parental support and parental determination typically were good students and good citizens in the schools; that the opposite was generally true for youth lacking such parental guidance; that making parents responsible is a decade-old issue which the City Commission can not readily resolve; that congregating youth may be relocated, perhaps to Manatee County, but steps must be taken to resolve the issues affecting the citizens of Sarasota. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to direct the Administration to present to the Commission at the earliest date possible the ordinance already prepared by the City Attorney's Office as well as additional recommendations to deal with the problem of large crowds of youth congregating in areas of the City. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mayor Cardamone stated that the fact an ordinance which could regulate Teen Night has been prepared but not presented to the Commission for discussion or action concerns her; that a more timely resolve to citizens' issues is necessary. City Manager Sollenberger stated that the Administration will report back at the next regular City Commission meeting. Mayor Cardamone stated that a problem with timely resolve to issues is becoming evident; that Commissioners have had numerous conversations with citizens regarding problems with drug dealings and the unsightly appearance of the Park on the corner of U.S. BOOK 41 Page 14400 04/07/97 6:00 P.M. BOOK 41 Page 14401 04/07/97 6:00 P.M. 301 and MLK Way; that a fence has been installed, but the problems remain. Commissioner Dupree stated that the Commission previously directed the rules be posted and enforced at that Park; that the rules have not yet been posted. Vice Mayor Pillot stated that consideration should be given to directing the Administration to utilize the police force as necessary to achieve results pending approval and implementation of the requested ordinance and to request additional funds for overtime, if necessary. Commissioner Dupree agreed. Mayor Cardamone stated that the police force should be directed to do the job which is suppose to be done. Vice Mayor Pillot stated that the employees of the Sarasota Police Department are viewed as performing their jobs well. Mr. Dasher asked the status of the City's implementing a District Commander Concept which would change the policing zones and increase staff time for more effective coverage? Commissioner Patterson stated that the District Commander Concept is tied up in a union dispute. Mr. Douse stated that eliminating Teen Nights would save the City substantial funds which could be directed toward other policing efforts. Mayor Cardamone requested that the Administration provide the Commission with the amount of funding the City expended toward activities related to Teen Nights over the last year. Commissioner Patterson stated that presenting the funding information with the ordinance which has been requested would be appropriate. Mayor Cardamone asked if Teen Nights occur on Thursday and Sunday nights? Mr. Dasher stated that 17- to 20-year-olds are allowed into "DV8" Night held on Thursdays at In Extremis; that Teen Nights occur on Sundays when school is not in session on Monday. Mayor Cardamone stated that the funding expended on both Thursdays and the Sundays on which Teen Nights have been held should be reported. Vice Mayor Pillot stated that physicians use massive doses of antibiotics for immediate effect to a severe infection; that the City should use massive police enforcement for immediate effect on the problem identified; that the Administration currently uses police time and manpower effectively; that an increased budget for police overtime will be supported if requested by the Administration. Commissioner Patterson stated that the Sarasota Police Department, which she agrees performs well, responds to a directed philosophy; that the Commission needs to emphasize that even relatively small infractions of the law should be enforced to the maximum extent possible, which is the type of philosophy that appears to be winning the battle in those cities for which statistics reflect a drastic reduction in crime; that zero tolerance should be encouraged in Sarasota; that although drug dealers may not be placed in jail until convicted of narcotics possessions or sales five or six times, life can be made so untenable that the drug dealers will no longer want to do business in the city of Sarasota. Vice Mayor Pillot and Commissioner Dupree agreed. Mayor Cardamone stated that the Commission has previously discussed the issue of enforcing small infractions, e.g., motorists' running STOP signs; that the zero tolerance philosophy is working in New York; that the extent of graffiti, untoward events, and homeless people sleeping in cardboard crates, which have been viewed during annual trips over the past 20 years, were not seen during her four-day trip to Manhattan, New York, in October 1996; that the new attitude in New York City is apparent; that a similar attitude should be encouraged in Sarasota. Mayor Cardamone continued that the City has the tendency of sending in the Sarasota Area Burglary Robbery Enforcement (SABRE) Unit and making clean sweeps on a periodic basis; however, the illegal and undesirable activities resume once the police leave. 13. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE WITH THE STATE OF FLORIDA FOR A LEASE OR OTHER APPROPRIATE DOCUMENT WHICH WILL ALLOW THE CITY OF SARASOTA TO CONTINUE TO PROVIDE FOR A PUBLIC MARINA AT THE BAYFRONT; AND TO SEEK AN ASSIGNMENT FROM JACK GRAHAM, INC. AND THE STATE OF FLORIDA OF THE SUBMERGED LANDS CONTRACT RIGHTS THROUGH JULY 31, 2012, WHICH THE STATE HAS GRANTED TO JACK GRAHAM, INC. BY CONTRACT DATED JUNE 10, 1983 = APPROVED (AGENDA ITEM VII-1) #2 (0675) through (1044) City Manager Sollenberger stated that the lease pertaining to the Marina Jack facility originated between the City and Marina Mar, Inc., on July 23, 1964; that the City received certain Dedications from the State of Florida during 1963 and 1964 which were thought to include the bay bottom on which the marina dockage has been constructed; that the original Dedications BOOK 41 Page 14402 04/07/97 6:00 P.M. BOOK 41 Page 14403 04/07/97 6:00 P.M. authorize the construction and operation of a marina and authorize leases subject to the formal approval of the Trustees of the Internal Improvement Trust Fund; that as the Lease was amended from time to time the Trustees were asked to approve the amendments; that on March 23, 1982, the City and Jack Graham, Inc., entered into an amendment which included an extension of the lease term through July 31, 2012; that rather than consenting to the amendment by signing off on the Lease Amendment, the Trustees entered into a contract with Jack Graham, Inc., whereby in consideration for approval of the extension of the lease term as requested, Jack Graham, Inc., was required to pay a percentage of the corporation's marina "gross receipts" as that term is defined in the contract. City Attorney Taylor continued that on January 17, 1995, Jack Graham, Inc., and the City entered into a Lease Modification Agreement which changed the original Lease; that pertinent changes were as follows: 1. extended the lease term 15 years to July 31, 2027; 2. changed the rent calculation to provide additional revenue to City; 3. capped the total marina slips at 300 and provided for the moving of commercial docks to new docks planned for construction on north side of marina 4. included details for maintenance dredging of the basin by City 5. provided for the construction of an open-air casual "oyster bar" type restaurant facility; 6. provided for the renovation of all existing buildings in the leasehold. City Attorney Taylor stated that the improvements called for under the Lease Modification Agreement were to be accomplished within two years of approval by the Board of Trustees of the Internal Improvement Trust Fund; that upon submittal of the Agreement to the Florida Department of Environmental Protection (FDEP), Bureau of Land Management Services, Division of State Lands, the Administration was informed that City rights did not exist to utilize the submerged lands on which the marina dockage has been constructed for a period of time sufficient to. support a lease amendment extending to July 31, 2027; that the Division of State Lands acknowledged that Jack Graham, Inc., has contract rights to use the submerged lands through July 31, 2012, by virtue of the contract entered into with the Trustees in 1982, but takes the position that the City only has a grandfathered status as to the docks at the marina by virtue of affirmative action taken by Kenneth Thompson, in his capacity as City Manager, on April 10, 1987; that the grandfathered status, according to the Florida Administrative Code runs until January 1, 1998, at which time the structures, e.g., commercial docks, registered within the commercial area are required to be brought under lease with the State. City Attorney Taylor continued that a thorough review of current and archived records of the City pertaining to the submerged lands issue has been conducted; that many documents support the position that the docks were constructed with the knowledge and approval of the Trustees; however, no document has been found which actually grants title of the submerged lands to the City of Sarasota or the right to occupy the marina submerged lands beyond the January 1, 1998, date applicable to registered grandfathered structures. City Attorney Taylor further stated that Steve Lewis, Esquire, of Lewis, Longman & Walker, Tallahassee, has been retained to assist the City Attorney's Office in reviewing and rendering expert technical advice concerning the most effective method for dealing with the submerged lands issue; that Attorney Lewis, who is a former Division Director, Board of Trustees of the Internal Improvement Trust Fund, and a former Deputy Director of the Florida Department of Environmental Regulation, accompanied him to a recent meeting with Percy W. Mallison, Jr., Director of the Division of State Lands and staff at which the State's position was explained as follows: the City of Sarasota has not been given submerged land rights in the Marina Jack basin in perpetuity the City should affirmatively seek permission from the Division to utilize the submerged lands to the year 2027 in order to obtain Trustee approval of the Lease Modification Agreement Jack Graham, Inc., has a contractual obligation to pay the consideration; therefore, the Division would not require the City to pay a fee to the State until August 1, 2012, based on the then- existing policy for computing the rent payable for State land Policy does not support long-term approvals; therefore, the City's obtaining rights beyond 2027 is doubtful. However, under the circumstances the normal extension term of five years can be extended to 15 years. City Attorney Taylor stated that Attorney Lewis has reviewed the historical data relating to the development and use of the Bayfront as a public marina and has advised in his professional judgment that the City does not have a persuasive argument to BOOK 41 Page 14404 04/07/97 6:00 P.M. BOOK 41 Page 14405 04/07/97 6:00 P.M. support a claim for a right to use the marina submerged land in perpetuity and that pursing the course of action suggested by Mr. Mallison would be in the best interest of the City; that the cost to the City to rent the entire marina permit area for State lands is estimated at approximately $16,000 per year; however, a smaller portion of State land than referenced in the leasehold agreement with Jack Graham, Inc., more closely approximating the actual location of the docks, could be negotiated resulting in a cost of approximately 50% less than the $16,000 annual estimate. City Attorney Taylor continued that authority from the City Commission to negotiate with the Division of State Lands to obtain a lease or other appropriate approval which will empower the City to provide for the continuing operation of the marina through July 31, 2027 is requested. Commissioner Patterson stated that her husband's law firm represents Jack Graham, Inc.; therefore, she is declaring a conflict of interest and will not vote on this item. Vice Mayor Pillot asked if the attorney representing Jack Graham, Inc., concurs with the City Attorney's recommendation? City Attorney Taylor stated yes. Commissioner Dupree asked if the City Attorney will be negotiating the lease? City Attorney Taylor stated that Attorney Lewis, whose office is located in Tallahassee, will be negotiating the lease with the State on behalf of the City; that a negotiated lease will be brought back to the Commission for approval. John Strickland, Livingston, Patterson, Strickland & Weiner, P.A., Attorney, representing Jack Graham, Inc., came forward and stated that the issue has been discussed with City Attorney Taylor; that authorizing the City Attorney to proceed with negotiations with the State as outlined is supported. City Manager Sollenberger stated that he concurs with City Attorney Taylor's recommendation. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to: 1) authorize the City Manager and City Attorney to negotiate with the State of Florida for a lease or other appropriate document which will allow the City of Sarasota to continue to provide for a public marina at the Bayfront and 2) authorize the City Manager and City Attorney to seek an assignment from Jack Graham, Inc., and the State of Florida for the submerged lands contract rights through July 31, 2012, which the State has granted to Jack Graham, Inc., by contract dated June 10, 1983. Motion carried unanimously (4 to 0): : Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes; Cardamone, yes. 14. UNFINISHED BUSINESS: DISCUSSION RE: INDIAN BEACH PARK RESTORATION PROJECT - AUTHORIZED DEVELOPMENT OF RESTORATION AND BEAUTIFICATION PROJECT FOR CONSIDERATION IN THE BUDGET (AGENDA ITEM VII-2) #2 (1033) through (1211) City Manager Sollenberger stated that Bart Cotton, on behalf of the Indian Beach/Sapphire Shores Association, made a presentation to the City Commission on December 16, 1996, regarding a long- standing request for City assistance to restore Indian Beach Park; that the Park, which is privately owned by all 409 lots in the Bayhaven Subdivision, is suffering from erosion, creating concern regarding infrastructure protection; that tracking down all the owners would be a costly task; that the Association obtained bids which ranged from $30,000 to $165,000 for a park restoration project and requested that the City Commission initiate the process to acquire the Park by eminent domain and thereafter be responsible for and maintain the Park; that the Commission referred the issue to the Administration. City Manager Sollenberger stated that the feasibility of pursuing an eminent domain action or attempting to acquire quit claim deeds from all of the lot owners was reviewed; that either approach would be time consuming and cost the City in excess of $100,000; that entering into a lease agreement with the Association by which the City would be the lessee of the Indian Beach Park was also reviewed but raises potential legal liabilities; that, originally, the Administration's review determined the Association was not incorporated; that the subsequent finding that the Association is incorporated does not change the Administration's position that a lease agreement would subject the City to risk as the Association has no right to title of the property. City Manager Sollenberger continued that the Administration recommends the City Commission find that restoration of Indian Beach Park is in the public interest as an infrastructure protection measure and authorize the Administration to develop a project and include an estimate in the proposed budget for Commission consideration. Commissioner Patterson stated that erosion has affected a portion of the Park, which the Association previously invested funds to beautify; that the Park is a neighborhood asset which many people enjoy; that including limited funding in the budget for beautification of the Park should be considered. Mayor Cardamone stated she could support that. BOOK 41 Page 14406 04/07/97 6:00 P.M. BOOK 41 Page 14407 04/07/97 6:00 P.M. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to find restoration of Indian Beach Park in the public interest as an infrastructure protection measure and to authorize the Administration to develop a restoration and beautification project and include an estimaté in the proposed budget for Commission consideration. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 15. UNFINISHED BUSINESS: REPORT RE: BAYFRONT PARKING REFERRED TO THE ADMINISTRATION FOR A TIMELY REPORT BACK (AGENDA ITEM VII-3) #3 (1210) through #4 (400) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that William Shaw made comments at the March 17, 1997, City Commission meeting concerning an inability of owners of non-tenant boats moored in Sarasota Bay to park their vehicles at Bayfront Park; that based on the discussion held at the January 21, 1997, Commission meeting, consumption of valuable parking space by owners of non-tenant boats was not viewed as desirable by the Commission; that the Administration anticipates the Commission may consider allocating parking space for vehicles of non-tenant boats if and when a designated, regulated anchorage is established, at which time a monthly fee can be assessed for parking. Mr. Daughters continued that the goals of the parking plan submitted on January 21, 1997 was to: Provide front row parking for short-time visitors Restrict overnight parking Discourage use by Downtown employees Prohibit overnight camping, recreation vehicles (RVs) and large trucks Not accommodate non-tenant boat owners Mr. Daughters displayed on the overhead projector, referred to, and explained the original Bayfront Parking Plan which contained elements highlighted as follows: Pink: 83 unlimited parking, except no parking from 2 to 6 a.m. any day Green: 164 spaces unlimited parking by permit only Blue: 204 two-hour maximum parking 8 a.m. to 5 p.m., seven days weekly Orange: 4 spaces for no parking loading zone Mr. Daughters stated that based on recent observations and feedback from the businesses, charter boat captains, non-tenant boat owners, recreational vehicle owners, and general use individuals (dog walkers, scenery painters, health walkers), a determination has been made that the number of permitted spaces (green) is lacking; that changing 37 two-hour spaces (blue) at the northeast corner of the main lot to permitted spaces would create the following: Pink: 83 unlimited parking at north esplanade, except no parking from 2 to 6 a.m. any day Green: 201 spaces unlimited parking by permit only Blue: 167 two-hour maximum parking 8 a.m. to 5 p.m., seven days weekly Mr. Daughters stated that the following alternative has been offered by three charter boat captains: create 368 two-hour maximum parking from 8 a.m. to 5 p.m. seven days weekly by combining the Green and Blue spaces at the main and south lots issue mirror-hangar-type parking permits to clients and customers of Marina Jack, Inc. O'Leary's Sailing School and their tenants to allow parking in excess of two hours encourage staff and employees of Marina Jack, Inc., O'Leary's Sailing School to park in the back two rows of the main and south lots (adjacent to U.S. 41) with decal-type parking permits. Mr. Daughters stated that the alternative offered by the charter boat captains meets all the goals established except for reserving the front two rows for short-time visitors; that the alternative, reviewed by the Engineering Department, Police Department, Parking Enforcement Division, and the lessees, is recommended for implementation; that the peak of the season occurs during the next two weeks; that numerous complaints have been received during the past month; therefore, the Administration recommends delaying implementation and enforcement of the parking regulations at the Bayfront until after April 14, 1997; that Staff will continue to work with bayfront businesses to ensure the Plan runs smoothly Commissioner Merrill stated that implementing a three-hour parking limit on Downtown streets was discussed previously; that having lunch and taking a leisurely stroll around Downtown may take more than two hours; that parents who bring small children to the Bayfront to enjoy the new children's fountain and have an afternoon should not be limited to two hours; and asked the BOOK 41 Page 14408 04/07/97 6:00 P.M. BOOK 41 Page 14409 04/07/97 6:00 P.M. impact which would result if the two-hour maximum parking limit is changed to three hours. Mr. Daughters stated that three-hour parking was considered before the original plan was submitted to the Commission; that Parking Enforcement staff work a scheduled route; that people who want to park for more than three hours would become familiar and take advantage of the parking enforcement patterns; that three- hour parking limits would require Downtown office workers to move their vehicles only once or twice during the day. Commissioner Merrill stated that approximately 20 minutes would be required for an office worker to walk from an office building Downtown to the Bayfront and move a vehicle; therefore, the activity is not likely. Mr. Daughters stated that three-hour parking would not create a major problem; that data compiled indicated approximately 50 of the 368 parking spaces were being used by people who cross U.S. 41 to do business. Mayor Cardamone stated that she agrees a three-hour parking limit should be considered in light of the new children's fountain which will attract more families to Island Park. Commissioner Merrill stated that a full lot has not been viewed at the Bayfront except during special events; that regulating parking only during peak hours and posting signage indicating the parking regulations will not be enforced after 5 p.m. and on weekends should be considered; that the least restrictive rules should be implemented at the onset; that more restrictive rules can be implemented if a problem with parking occurs; that utilizing a mirror-hangar permit for customers and tenants is supported. Mr. Daughters stated that many of the marina businesses are open in the evening and during the weekends, which is the same time the majority of short-term users will be using the Park; that Parking Enforcement generally operates 8 a.m. to 5 p.m. Monday through Friday; however, noticing the applicability of the regulations seven days per week would provide for enforcement if problems occur; that the people operating businesses tend to utilize the front two rows; that implementing a permitting system seven days per week would encourage employees to park in the back two rows. Commissioner Merrill stated that posting signage of regulations the Administration does not intend to enforce will not encourage public respect of laws established; that the police cannot be expected to enforce based on zero tolerance if the Commission continues to pass ordinances which the Administration indicates will not be enforced; that a less restrictive plan could be changed subsequently if a problem is determined. Vice Mayor Pillot asked for clarification regarding issuance of the mirror hangars. Mr. Daughters stated that the Marina Jack dock master would issue the mirror hangars to clients, customers, and tenants of Marina Jack and O'Leary's Sailing School, e.g., charter boats, dinner boats, etc.; that color-coded permits based on the day will be issued to prevent misuse of the mirror hangars. Vice Mayor Pillot asked if reuse of the mirror hangars is expected? Mr. Daughters stated that the mirror hangars will be made of cardboard; that the charter boat captains will attempt to retrieve the permits from customers. Mayor Cardamone asked the location at which the charter boat captains, employees of Marina Jack, O'Leary's Sailing School, etc., will park? Mr. Daughters stated that employees, etc., will be issued decals and encouraged to park for more than two-hours in the last two rows of the main and south parking lots. Commissioner Patterson stated that relocating the charter boats to north esplanade is planned. Mr. Daughters stated that is correct; that the amount of parking available in the pink area will double when the charter boats are relocated. Commissioner Patterson asked if all-day parking at the north esplanade was established to accommodate the charter boats? Mr. Daughters stated no; that the 83 spaces at the north esplanade were provided for open parking and use by the valet service at Marina Jack. Commissioner Patterson stated that parking at the north esplanade will be inconvenient for people who want to utilize Island Park and enjoy the children's fountain all day. Commissioner Patterson continued that although her husband's law firm represents Jack Graham, Inc., the Bayfront is a public park and facility; and asked for clarification regarding whether or not she has a conflict of interest and can vote on this item. City Attorney Taylor stated that Livingston, Patterson, Strickland & Weiner, P.A., is not representing Jack Graham, Inc., on the public parking issue; therefore, a conflict of interest BOOK 41 Page 14410 04/07/97 6:00 P.M. BOOK 41 Page 14411 04/07/97 6:00 P.M. does not exist which would prevent Commissioner Patterson from participating in discussion and voting on this item. The following people came before the Commission: Cam Kelly, 4175 Brittany Lane (34233), was no longer present in the Commission Chambers. Kenneth McMahan, 6433 Hollywood Boulevard (34231), stated that he is a slip holder on the "G" dock at Marina Jack; that boaters continuously transport items, i.e., groceries, oil, and tools, from vehicles to boats; that the proposed alternative of converting the green and blue spaces to two-hour parking and issuing mirror-hangar-type permits to tenants for extended parking in both areas would alleviate the majority of problems currently experienced; that a loading/unloading zone does not exist; that, currently, the location of permit spaces requires tenants to transport items from locations approximately 1/2 mile from the "G" dock; that prior to the implementation of the parking regulations, tenants could park anywhere; however, office workers from the Downtown began consuming the majority of the parking spaces. Mayor Cardamone stated that the problem with parking became more acute as a result of office workers parking in the lot from 8 a.m. to 5 p.m. Mr. McMahan stated that is correct. Commissioner Patterson stated that as a boater who has docked a boat at a marina for a month or more, the need to unload a vehicle close to the dock is understood; that at other marinas a space close to the dock can usually be found, equipment unloaded, and the vehicle relocated to a less intrusive parking space; that creating a couple of loading/unloading spaces at the Bayfront should be considered to provide a similar opportunity for marina tenants. Mr. McMahan stated that the distance from the dock to the permitted parking spaces is also an issue; that boaters take guests on their boats; that the unloading and relocation of two vehicles would be necessary in those situations; that the proposed alternative of combining the blue and green spaces for two-hour or by-permit parking is supported. Commissioner Patterson stated that competition for the Closest spaces will exist regardless if the blue and green spaces are combined; and asked if creating a couple of loading/unloading spaces would be helpful to the boaters? Mr. McMahan stated that the creation of loading/unloading spaces may not be necessary if 368 parking spaces are available for use by the tenants. Bob Hart, 3017 Bispham Road (34231), stated that he is a recreational boater who rents a slip at Marina Jack; that at certain times of the day, e.g., when a full load of people on a charter boat have been issued parking permits, he is required to park in the vicinity of O'Leary's Sailing School and walk a long distance with a cooler, etc.; that the alternative to combine the blue and green spaces is generally supported; however, consideration should be given to providing additional handicap spaces on the pier leading to the Marina Jack restaurant and providing one or two loading/unloading spaces with a 15-minute limit. Mr. Hart continued that management of Marina Jack should be encouraged to instruct the valet parking staff to be less aggressive in attempting to control the parking spaces near the restaurant; that members of the valet parking staff stand in front of or block access to parking spaces with other vehicles and tell people parking in those spaces is not allowed. C. Ferrell Dial, 1700 Benjamin Franklin Drive, PH-G (34236), stated that the comments made by previous speakers are supported; that the alternative to combine the blue and green spaces is supported. Mr. Dial continued that guests are often entertained on his boat for the entire weekend; and asked the location at which guests will be permitted to park vehicles and if temporary permits will be issued? Commissioner Patterson stated that he and his guests could car pool. Mayor Cardamone stated that overnight parking without a permit has not been accommodated; that no parking would be available if each slip holder brought two or three guests boating for the weekend. Mr. Dial stated that issuing temporary parking permits or an adequate number of permits based on the number of vehicles owned by a boat-slip tenant should be considered. Mr. Dial continued that the valet parking staff, who are paid to valet park vehicles, should be encouraged to park vehicles at the north esplanade; that, currently, the valets block the pier entrance and spaces around the plaza; that six spaces are used to park two or three vehicles; that as a businessman who entertains numerous clients on his boat, he expends substantial funds at Marina Jack and at other restaurants and facilities in the City; that the Bayfront and marina, which is currently in ill-repair, should be a showplace for visitors; that renovation plans are anticipated; however, conflicts between visitors and the valets should be avoided. BOOK 41 Page 14412 04/07/97 6:00 P.M. BOOK 41 Page 14413 04/07/97 6:00 P.M. City Attorney Taylor stated that in accordance with the lease modification drafted in 1995, the area referenced as Marina Plaza on the overhead display is the location at which the valets are suppose to accumulate vehicles; that the 56 spaces on the pier entrance are designated as two-hour public parking. Charles Fuller 1733 Southwood Street (34231), stated that beginning in November 1992, he lived aboard his boat docked at Marina Jack for 2.5 years, during which time no restrictions or problems with parking were experienced; that he subsequently took residency in town but maintained his boat at Marina Jack; that the lack of permitted spaces currently available creates problems for boaters attempting to transport items associated with repairing a boat; that at times, he has utilized the two-hour spaces while performing work on his boat and relocated his vehicle during the day to avoid receiving a parking ticket; that a major problem with parking does not exist; that the parking should not be restricted; that preparing a boat for half-day or all day sailing takes time; that the parking restrictions at the Bayfront have made boating more inconvenient. Mr. Fuller stated that he is in favor of no parking restrictions at the Bayfront, but could support a combination of the blue and green spaces for a maximum of three hours and unlimited parking by permit. Susan Falgout, 2 Marina Plaza, G-13 (34236), stated that she lives aboard one boat and maintains another boat docked at the "G" dock at Marina Jack; that substantial rental fees are paid; that she has been chased and threatened by the valet parking staff, whose activities are obnoxious; that parking in the pink area, which is a long distance from the "G" dock, is often required; that the proposed alternative of combining the blue and green spaces for two-hour or by-permit parking is supported. Ernest Ritz, 1490 First Street (34236), stated that he frequents the Bayfront area is often; however, a full parking lot other than during special events has never been viewed; that using monthly parking stickers or metered parking, as in other City lots, should be considered; that people utilizing Island Park for picnicking and to enjoy the children's fountain will require more than two hours. Samuel Chavers, Comptroller, Marina Jack, Inc. #2 Marina Plaza (34236), stated that the alternative of combining the blue and green spaces for three-hour or by-permit parking is supported. Mr. Chavers continued that tenants who have requested permits have not been denied; that multiple permits for tenants with more than one vehicle have been issued; that Marina Jack employees with permanent decals will be encouraged to park in the back two rows; that boaters are allowed to unload in the valet area designated in the lease and can utilize the valet parking service; that the valets are asked not to dominate the parking on the pier entrance; that problems with the valets can be reported to him, Wayne Manley, Dock Master, or Lee Sullivan, Vice President and Chief Operating Officer. Mr. Chavers stated further that as required by the City, $6,000 was expended on a parking study for the proposed 200-seat expansion of the restaurant; that the parking study, which took into consideration parking required for O'Leary's Sailing School, all the charter boats, the existing capacity at Marina Jack, and the proposed expansion and oyster bar, concluded that sufficient parking exists; that parking for Downtown was not included in the study. Mayor Cardamone asked if the anticipated success of the children's fountain was considered in the parking study? Mr. Chavers stated no; that the children's fountain and the fountain constructed by Marina Jack were not taken into consideration; however, the parking study indicated a surplus of approximately 50 or 60 parking spaces; that Jack Graham, Inc., will consider the construction of additional spaces as necessary when the commercial boats are relocated. Vice Mayor Pillot stated that encouraging employees to park in the last two rows of the main and south lots has been referenced; and asked if employees with decals could be required to park in the last two rows? Mr. Chavers stated that would not be a problem; that employees of Marina Jack, business tenants of the marina, and employees of the charter boats and O'Leary's Sailing School are the only people issued decals. Vice Mayor Pillot stated that requiring the people with decals to park in the last two rows of the main and south lots should be pursued. Commissioner Merrill agreed. Mayor Cardamone stated that the tenants should be allowed to load and unload near the docks. Mr. Chavers referred to the overhead display; and stated that the four spaces depicted in orange are at the water's edge are reserved and marked as loading zones; that tenants are also allowed to unload in the valet area. Vice Mayor Pillot stated that the parking study showed that parking at the Bayfront is sufficient; that as in the Downtown, parking spaces are available, but the parking spaces may not be convenient to the needs of people who are required to use them. BOOK 41 Page 14414 04/07/97 6:00 P.M. BOOK 41 Page 14415 04/07/97 6:00 P.M. Commissioner Patterson asked if Marina Jack employees, tenants, and people attending the restaurant tend to use the spaces to the south of the parking lot in the vicinity of Ringling Boulevard? Mr. Chavers stated that the area referenced is not used by Marina Jack employees; however, employees from O'Leary's Sailing School and some of the charter boats park in that area. Commissioner Patterson stated that people who will be trequenting Island Park to enjoy the children's fountain is one issue; that providing unrestricted parking for people who are not dock tenants but moor their boats in the bay and go sailing for the day is another issue; and asked if providing parking without the two-hour restriction in the vicinity of Ringling Boulevard would negatively affect Marina Jack? Mr. Chavers stated no; however, O'Leary's Sailing School may be negatively impacted; that Mr. Daughters referenced the potential of establishing a monthly fee to accommodate vehicles of people whose boats are moored in the bay. Mayor Cardamone stated that providing an anchorage plan for boats mooring in Sarasota Bay has been discussed for four years. Commissioner Patterson stated that she is more concerned with providing adequate parking space for people at the Bayfront than about creating an anchorage. Commissioner Merrill stated that the tenants should be notified regarding the location of the loading zone spaces; that this exercise seems meaningless if a parking study concluded excess parking exists; that a simple restriction of four hours would stop office workers from parking at the Bayfront. Mr. Chavers stated that Marina Jack originally requested consideration of a two-, three-, or four-hour parking limit to alleviate the parking problems created by the parking of Downtown office workers' vehicles; that a four-hour parking restriction was not viewed as feasible by the Parking Enforcement Division as people could easily relocate vehicles within the parking area; that the Bayfront parking lot, per the lease between the city and Jack Graham, Inc., was considered as Marina Jack parking when the parking study was performed. Commissioner Merrill asked the requirements of the original lease with Jack Graham, Inc., regarding parking? City Attorney Taylor stated that the City is required to reasonably meet the needs of the marina operation for parking. Commissioner Merrill stated that the sailing boats moored in the bay provide a beautiful view from U.S. 41; that parking of non- tenants' vehicles is an issue which needs to be resolved; and asked if the dock master issues permits requested by non-tenants who moor boats in the bay? Mr. Chavers stated no. Commissioner Dupree asked if the loading zones are marked clearly and include a time limit? Mr. Chavers stated that the loading zone in front of the Flying Fish fleet of charter boats is clearly marked. Mr. Daughters stated that a time limit is not posted. James Diwoi, 4305 Sunniland Street (34233), stated that the greatest problems with parking have occurred within the past month and one-half; that an annual contract has been signed with Marina Jack for the past five years; that approximately $3,600 annually is expended to rent a boat slip; that parking has always been on a first-come, first-served basis; that the valet parking staff should be directed to utilize the parking to the rear of the parking lot; that the marina would not be functional without tenants; that greater consideration should be given to the year- round tenants than to the tourists who may frequent the Marina Jack restaurant one or two times; that the loading zones are not conveniently located for tenants who have boat slips near Golden Gate Point; that theft occurs in the parking spaces located on the perimeter of the parking lot near U.S. 41; that parking should be provided for owners of the boats moored near O'Leary's Sailing School who cannot afford a rented slip at Marina Jack; that the proposed alternative of combining the blue and green spaces for two-hour or by-permit parking is supported. Mayor Cardamone stated that one should not assume that the owners of moored boats cannot afford to rent a slip; that the boat owners may choose not to pay the fees; that concerns by tenants regarding rental fees paid should be addressed to Marina Jack directly. Mayor Cardamone continued that the only parking problems she has perceived at the Bayfront have been with overnight parking of RVs and derelict vehicles with flat tires located at the southern end of the parking lot; that people have been asked to move or the vehicles have been towed. Mr. Diwoi stated that is the only problem which has existed; that tenants should be provided permits and allowed to park in front spaces which are available. Commissioner Patterson stated that the conflict between the valet parking and the tenants and providing an area for loading/unloading are issues which should be addressed by the BOOK 41 Page 14416 04/07/97 6:00 P.M. BOOK 41 Page 14417 04/07/97 6:00 P.M. landlord, Jack Graham, Inc.; however, several issues should be addressed by the Commission: 1. Three-hour versus two-hour parking restriction Commissioner Patterson stated that she previously promoted three- hour parking in the Downtown, which Staff reported could not be enforced; that three-hour parking at the Bayfront would be supported; however, Staff may indicate nothing could be done to prevent employees from the Downtown from parking at the Bayfront all day. 2. Adequate time for people to enjoy the Park Commissioner Patterson stated that a three-hour parking restriction may not provide adequate time for people to enjoy a day at the park; that a few unlimited parking spaces should be provided on the south end for families who may want to spend the majority of the day at the Park. 3. People mooring boats south of Marina Jack Commissioner Patterson stated that two classes of people exist in the area south of Marina Jack: 1) live aboards, and 2) people who moor boats in the bay but live elsewhere; that an anchorage plan has been forthcoming for some time; that an anchorage concept may or may not be workable; however, people living aboard who continuously occupy a public parking space should pay the City for use of that City asset; that consideration should be given to establishing an appropriate fee, e.g., $30 or $40 monthly, and making overnight parking permits available to non-tenants who moor in the bay; that live aboards pay virtually no City taxes. On motion of Commissioner Merrill and seçond of Commissioner Dupree, it was moved to refer the issue to the Administration for a report back based on the discussion and issues raised by Commissioner Patterson. Mayor Cardamone asked if the intent of the motion is to delay enforcement until the Administration reports back? Commissioner Merrill, as maker of the motion, stated yes. Commissioner Patterson stated that the Administration should report back in a timely manner; that delaying enforcement for six months could create additional problems. Commissioner Merrill stated that the delay may indicate a real problem does not exist; that many issues have been identified which need to be addressed so the Commission can make an informed decision; that addressing parking for families who want to enjoy the park for the majority of the day and potentially implementing pay/park permits for non-tenants are two of the issues raised. Vice Mayor Pillot asked for comment from the City Manager. City Manager Sollenberger stated that referring the issue to the Administration is an excellent suggestion. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 16. NEW BUSINESS: DISCUSSION RE: CITY OF TAMPA'S NEWLY ADOPTED ORDINANCE THAT ALLOWS THE CITY TO HOLD CARS USED TO COMMIT CRIMES INVOLVING PROSTITUTION OR DRUGS UNTIL THE OFFENDER PAYS A $500 FINE, PLUS TOWING AND STORAGE COSTS REFERRED TO ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM VIII-1) #4 (0406) through (0501) Commissioner Patterson stated that West Palm Beach and Tampa recently passed ordinances permitting the cities to seize the vehicles of persons arrested for prostitution or drug-related crimes; that a similar ordinance could provide the City with the ability to take action independent of the Court to discourage lawbreakers. City Attorney Taylor stated that the West Palm Beach and Tampa ordinances permit the cities to hold as hostage any vehicle used in the offending act; that the vehicle is not forfeited but impounded in the same way vehicles with delinquent parking tickets are impounded after being immobilized with a wheelock device; that the ordinance requires establishment of a hearing officer before whom the accused can appear to show cause why the vehicle should be released; that copies of the Tampa and West Palm Beach ordinances can be distributed to the Commission before the next regular Commission meeting. Mayor Cardamone asked if the ordinance has obtained results in Tampa? City Attorney Taylor stated that an administrative process including the establishment of a hearing officer is not yet in place to enforce the new ordinance in Tampa; however, the ordinance in West Palm Beach has been obtaining results. City Manager Sollenberger stated that the Police Department will research the results produced by the ordinance in West Palm Beach. Commissioner Patterson stated that the issue should be referred to the Administration for a report back. BOOK 41 Page 14418 04/07/97 6:00 P.M. BOOK 41 Page 14419 04/07/97 6:00 P.M. Vice Mayor Pillot asked if developing an ordinance to seize the vehicles of persons arrested for prostitution or drug-related crimes would prevent or interfere with forfeitures of vehicles currently permitted under State law? City Attorney Taylor stated no. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to refer to the Administration for a report back the issue of a possible ordinance allowing the City to seize vehicles of persons arrested for prostitution or drug-related crimes. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 17. NEW BUSINESS: DISCUSSION RE: USE OF KEN THOMPSON PARK AS A PARKING AREA FOR THE WATER CLUB II AND VIZCAYA CONSTRUCTION EMPLOYEES WHO WILL BE WORKING ON LONGBOAT KEY FOR A PERIOD OF TWO YEARS - REOUEST DENIED (AGENDA ITEM VIII-2) #4 (0501) through (0931) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that two developers whose construction employees are prevented from parking on Longboat Key have requested use of Ken Thompson Park to park vehicles for up to two years; that the developer of Water Club II has offered to construct the parking area adjacent to Mote Marine Laboratory in accordance with the specifications contained in the Ken Thompson Park Master Plan; that the developer of Vizcaya has offered $2,000 per month in parking fees; that the Administration recommends referring the issue to the Parks, Recreation, and Environmental Protection Advisory Board to determine the appropriate locations on Ken Thompson Park where construction employees should be permitted to park if the Commission chooses to consider the offers; that an agreement with the developers would subsequently be negotiated. Mayor Cardamone asked where construction employees on other Longboat Key developments have parked? Mr. Schneider stated that construction employees park on vacant parcels or, in the early phases of construction, on site; that no vacant parcels remain on Longboat Key and no space is available to park on the two development sites. Mayor Cardamone stated that the construction employees would be transported at 7:30 or 8:00 a.m. to the site and then transported back in the early evening. Vice Mayor Pillot stated that he is not in favor of referring the issue to the Parks, Recreation, and Environmental Protection Advisory Board and would prefer to deny the request this evening. Commissioner Patterson and Commissioner Dupree agreed. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to deny the request by developers of Water Club II and Vizcaya to allow parking for construction employees at Ken Thompson Park. Commissioner Patterson asked if the construction employees can be prevented from parking at Ken Thompson Park? Mr. Schneider stated that a way could be devised to prevent construction employees from parking at Ken Thompson Park. Commissioner Patterson stated that the City may as well accept the money offered if the construction employees will park at Ken Thompson Park anywayi that the City has allocated funds to improve the Park, plans which should not be delayed to provide a parking lot for two years; however, her position could change if the parking will occur regardless of Commission denial of the developers requests. Mr. Schneider stated that the developers will be notified of the Commission's decision against permitting parking for construction employees; that the City will observe any changes in parking patterns at Ken Thompson Park and take the necessary steps, including development of an ordinance, to prevent parking of the construction employees' vehicles. Commissioner Merrill stated that the construction employees requiring parking spaces may be City residents; that a construction project is hindered by employees who have to constantly move their vehicles around the site; that Longboat Key is not viewed as an adversary; that the developer of Water Club II appears to be willing to construct the proposed parking area adjacent to Mote Marine Laboratory; and asked the number of spaces proposed for the parking area? Mr. Schneider stated that approximately 80 parking spaces would be constructed in the proposed parking area. Commissioner Merrill stated that at-grade parking space construction is estimated at approximately $4,000 to $5,000 per space; and asked the amount actually being offered by the developer of Water Club II? Mr. Schneider stated that David W. Johnston Associates, the landscape architects for the Ken Thompson Park Master Plan, estimated the parking area adjacent to Mote Marine Laboratory will cost $168,300; that the developer of Water Club II may be able to construct the parking area for less than $168,300 while adhering to the specifications established by the City in the Ken Thompson Park Master Plan. BOOK 41 Page 14420 04/07/97 6:00 P.M. BOOK 41 Page 14421 04/07/97 6:00 P.M. Commissioner Merrill stated that the $2,000 per month in parking fees offered by the developer of Vizcaya could fund a great many oak trees for the City's Street Tree Program; and asked the number of construction employee vehicles estimated to park at Ken Thompson Park? Mr. Schneider stated that Water Club II construction employees require 100 parking spaces and Vizcaya employees require 40. Commissioner Merrill stated that the view of Downtown from Ken Thompson Park enhances private outings; however, the picnic grounds and other facilities at Ken Thompson Park are seldom used by the public; that no negative impact is foreseen from allowing 140 construction employee vehicles to park on the grassy areas. Commissioner Merrill continued that the City's construction costs at Ken Thompson Park could be reduced and more sidewalks and street trees installed with funds generated from the parking fees; that the matter should be referred to the Parks, Recreation, and Environmental Protection Advisory Board; that although the request was initially viewed as an attempt to deposit Longboat Key's problems on the City, the monies received from the parking fees could be used to provide additional improvements at the Park for the enjoyment of all residents; that the matter should be referred to the Board for appropriate review; that the Administration could inform the developers that the City is not happy about the request; however, the offer will be considered due to the benefit to the public; that the developer could also be encouraged to hire City residents. City Manager Sollenberger stated that his initial reaction to the request was similar to Vice Mayor Pillot's; however, a similar problem currently exists on Gulf Stream Avenue; that construction employees working on the Sarabande Condominium development are parking personal vehicles all over Gulf Stream Avenue and on adjoining streets; that the problem will be exacerbated with the impending development of townhouses on Palm Avenue and the possibility of another condominium project breaking ground before construction on the Sarabande is completed; that the City Engineer has been directed to develop a plan to resolve the problem with construction employees' vehicles in the Gulf Stream Avenue area. Commissioner Patterson stated that the public does not use Ken Thompson Park due to the lack of available amenities; that a Master Plan has been completed and funds made available; that the Park should not be tied up for two years; that policy advice only should be requested from the Parks, Recreation, and Environmental Protection Advisory Board if the Commission decides to refer the matter; that the Board should not be requested to determine the appropriate locations where construction employees should be permitted to park; that the timetable for improvements to Ken Thompson Park should be provided to the Commission; that parking by construction employees could be supported if improvements to the Park are not scheduled to begin for two years. Mr. Schneider stated that interior road construction at Ken Thompson Park is scheduled for Fiscal Year (FY) 1996/97. Commissioner Patterson asked when Ken Thompson Park will be sufficiently improved with trees, picnic tables, etc., to attract the general public? Mr. Schneider stated that the remaining improvements to Ken Thompson Park will be budgeted in FY 1997/98. Mayor Cardamone stated that the issue should be referred to the Parks, Recreation, and Environmental Protection Advisory Board; that construction vehicles could be tightly parked in an area of the Park not planned for immediate renovation; that parking by construction employees should not be allowed to negatively impact Mote Marine Laboratory; that parking during weekends when festivals and boating activities occur should be prohibited; that the Board should evaluate the request and present a recommendation for Commission review; that Commissioner Merrill's suggestion to use the money received to further enhance Ken Thompson Park is supported. Vice Mayor Pillot stated that the developers are requesting parking be made available for one-half day on Saturdays. Mayor Cardamone stated that the request for Saturday parking could be denied. Commissioner Patterson stated that the commitment will be for two years. Vice Mayor Pillot stated that vehicles of construction employees would be parked at Ken Thompson Park for 11 hours each weekday and one-half day on Saturday. On motion of Commissioner Merrill, it was moved to amend the main motion to refer the issue of parking construction employees vehicles at Ken Thompson Park to the Parks, Recreation, and Environmental Protection Advisory Board. Motion died for lack of a second. Mayor Cardamone called for a vote on the motion to deny the request by developers of Water Club II and Vizcaya to allow parking for construction employee vehicles at Ken Thompson Park. Motion carried (3 to 2): Dupree, yes; Merrill, no; Patterson, yes; Pillot, yes; Cardamone, no. BOOK 41 Page 14422 04/07/97 6:00 P.M. BOOK 41 Page 14423 04/07/97 6:00 P.M. 18. NEW BUSINESS: APPROVAL RE: ASSIGNMENT OF LEASE AND CONCESSION AGREEMENT BY MAIN STREET DEPOT, INC. WHICH HAS SUBLEASED THE MAIN STREET DEPOT TO MERTZ ENTERPRISES OF SARASOTA, INC. - APPROVED (AGENDA ITEM VIII-3) #4 (0931) through (1380) City Manager Sollenberger stated that this is a request by Ernest Ritz, lessee for the Main Street Depot, to sublease the concession agreement to Tracy Mertz d/b/a/ Mertz Enterprises of Sarasota; that a background check of Mr. Mertz has been conducted with due diligence; that Mr. Ritz will continue to maintain the underlying responsibility for the leasehold; that the Administration recommends approval of the lease assignment. City Manager Sollenberger continued that several aspects of the current lease require renegotiation; that although Mr. Ritz is currently allowed to place tables on the paved patio area, he is permitted no control over the dress or behavior of patrons; that individuals often carry in food and beverages which were not purchased on the premises; that the existing lease for the Main Street Depot was modeled on the original lease for O'Leary's Sarasota Sailing School; that problems occurred from the lack of control permitted the management of O'Leary's in respect to an outdoor deck; that revised language provided the management more control over the outdoor deck when the O'Leary's lease was renegotiated; that Mr. Ritz is requesting the same full control over his patio area as was provided to O'Leary's after their lease was renegotiated; that wait service, menu control, and enforcement of a dress code will be permitted under the amended lease for the Main Street Depot; that a wrought iron fence limiting access to the area at two locations and an acoustical device to control the emission of noise will be designed and installed subject to approval by the City. City Manager Sollenberger further stated that the Downtown Association of Sarasota supports the changes requested by Mr. Ritz; that the Commission is requested to authorize the Administration to negotiate the modifications to the lease; that the City intends to discuss with Mr. Ritz the possible incremental increase in the value of the lease resulting from his gaining full control of the premises; that a report will be returned to the Commission following the negotiations. City Manager Sollenberger stated further that the Administration recommends the Commission authorize approval for the consent to sublease from Ernest Ritz to Mertz Enterprises of Sarasota, Inc. and for the Administration to negotiate an amendment to the lease, enter into discussions and to explore the potential for a rent adjustment. Commissioner Patterson stated that her husband's law firm represents Ernest Ritz; therefore, she declares a conflict of interest and will not vote on this item. Vice Mayor Pillot stated that two provisions in Paragraph 14 will be changed to permit the tenant to: 1) prohibit members of the public from bringing their own food and beverages or sitting at the tables without purchasing food or beverages, and 2) eject members of the public for inappropriate dress or behavior; that both changes in the lease are supported; and asked the extent of the City's liability, how the provisions will be enforced, and if intervention by police officers is expected? City Manager Sollenberger stated that Mr. Ritz will have full authority to prohibit the inappropriate behaviors stipulated in the lease; that although police officers may occasionally intervene, off-duty police officers are currently hired by Mr. Ritz to assist in controlling the facilities; that the issue will be discussed during negotiations. Vice Mayor Pillot asked how the lessee would handle an individual sitting down at a table with a bag lunch or someone dressed or behaving nappropriately who refuses to leave? City Manager Sollenberger stated that the situation would be handled in the same manner problems of a similar nature are handled in any other restaurant operation. Vice Mayor Pillot stated that a difference exists; that other restaurants have doors at which entrance to the facility is controlled; that an ambiance exists at the Main Street Depot which. could lead even a well-meaning person to believe that sitting at the tables to eat a bag lunch would be acceptable. City Manager Sollenberger stated that such questions should be addressed by Mr. Ritz. V. Peter Schneider, Deputy City Manager, stated that the changes in the lease allow Mr. Ritz to have waitpersons and a greeter standing at the gated entrance in the wrought iron fence who would inform individuals carrying in meals that seating is available only to patrons purchasing food on the premises. Vice Mayor Pillot stated that people bringing in food will probably not be as much of a problem as people who dress or behave inappropriately; that the City's liability in the case of a physical assault is not known. John Patterson, Esquire, Livingston, Patterson, Strickland, & Weiner, P.A., representing the Main Street Depot, and Ernest Ritz, lessee, came before the Commission. BOOK 41 Page 14424 04/07/97 6:00 P.M. BOOK 41 Page 14425 04/07/97 6:00 P.M. Attorney Patterson stated that the operators of Main Street Depot will have the right to control the patio area if the changes to the lease are approved; that Mr. Ritz will address an individual who is dressed or behaves inappropriately in the same way as any other restaurateur; that no problem will occur if undesirable patrons are ejected within the boundaries permitted by the law; that assigning full control to the lessee will eliminate any risk for the City even if an inappropriate ejection occurs; that the City will face fewer problems when Mr. Ritz is granted control over the patio; that the proposed amendments to the lease will eliminate the unsatisfactory situation which currently exists. Vice Mayor Pillot asked if police officers will be summoned if an individual requires ejection from the premises? Mr. Ritz stated that is correct; that a $1 million liability insurance policy covers both the Main Street Depot and the City. Commissioner Dupree stated that a practice established over a long period of time has permitted almost anyone to wander in and sit at the tables; that some individuals sit all day without purchasing any food or beverage; that Mr. Ritz may be accepting a difficult problem if the City turns control of the premises over to him completely. Mr. Ritz stated that he looks forward to enforcing the new rules. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to authorize approval for the consent to sublease from Ernest Ritz to Mertz Enterprises of Sarasota, Inc. and for the Administration to negotiate an amendment to the lease, enter into discussions and explore the potential for a rent adjustment. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, abstained; Pillot, yes; Cardamone, yes. 19. NEW BUSINESS: NEIGHBORHOOD ELEMENT - APPROVED TENTATIVE SCHEDULE FOR INTRODUCTION OF NEIGHBORHOOD ELEMENT "WORKING DRAFT" AND JULY 10, 1997, DATE FOR JOINT WORKSHOP WITH PBLP; REQUESTED RESCHEDULING OF JULY 10, 1997, NUISANCE ABATEMENT BOARD MEETING (AGENDA ITEM VIII-4) #4 (1308) to (1549) Jane Robinson, Director, and Michael Taylor, Deputy Director, Planning and Development, came before the Commission. Mr. Taylor referred to Exhibit "B" in the agenda materials which outlined the schedule for introduction of the "working draft" of the Neighborhood Element and a proposed time and date of 6:00 p.m. on July 10, 1997, for a joint workshop with the Planning Board/Local Planning Agency (PBLP); and stated that the Neighborhood Element represents the cornerstone of the Comprehensive Plan Update; therefore, the "working draft" will be introduced earlier than the other elements of the Comprehensive Plan in order to increase the opportunity for public input; that Exhibit "A" outlines the overall timetable for the Comprehensive Plan Update, which was approved by the Commission on February 18, 1997; that the entire Comprehensive Plan will be released to the public in mid-August 1997; that a series of public workshops will lead toward adoption of the Plan in January 1998. Mayor Cardamone asked if the entire Comprehensive Plan will be adopted in January 1998? Mr. Taylor stated yes; that the updated Comprehensive Plan will be transmitted to the Florida Department of Community Affairs (DCA) on September 1, 1997, to enable the State to review the changès before the document is released to the public; that an early. draft of the Neighborhood Element will be released to the public as early as possible; that the structure of the document will be explained to each Commissioner at individual meetings scheduled prior to May 8, 1997; that the following is the tentative schedule for addressing the Neighborhood Element: April 15, 1997 A brief status report to be presented at the Community Workshop. May 9, 1997 Public introduction at a special meeting and release of the "working draft." Notices to be sent to all those on the Comprehensive Plan mailing list and advertised in the Sarasota Herald-Tribune. June 7, 1997 Staff to meet and discuss the 9 a.m.. "working draft" with the Coalition of City Neighborhoods (CCNA). June 11 & 18, 1997 Tentative dates for two public input 7 p.m. workshops from which the PBLP will formulate a recommendation on the "working draft." July 10, 1997 Tentative date for joint Commission/ 6 p.m. PBLP workshop at which public input will be obtained and direction provided to Staff regarding revisions to the "working draft." August 15, 1997 Revised Neighborhood Element incorporated with draft Comprehensive Plan for release to public. BOOK 41 Page 14426 04/07/97 6:00 P.M. AS BOOK 41 Page 14427 04/07/97 6:00 P.M. Ms. Robinson stated that she has just been informed that a Nuisance Abatement Board meeting is scheduled for July 10, 1997. Mayor Cardamone stated that hearing no objections, the Administration is directed to request that the Nuisance Abatement Board meeting be rescheduled. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to extend the meeting past 11:30 p.m. to complete the agenda. Motion carried (4 to 1): Dupree, yes; Merrill, noj Patterson, yes; Pillot, yes; Cardamone, yes. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to approve the tentative schedule for introduction of the "working draft" of the Neighborhood Element and the proposed date of July 10, 1997, for a joint City Commission/PBLP workshop. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 20. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD - DELAYED CONSIDERATION TO A FUTURE COMMISSION MEETING (AGENDA ITEM IX-1) #4 (1550) through (1609) Mayor Cardamone stated that the membership of the Citizens with Disabilities Advisory Board (CDA) has been increased from five to seven members; that applications have been provided for selection of two new members on the CDA; that a number of very capable individuals have submitted applications; however, few applications were received from City residents; that the City residents who applied reside at Orchard Place, where two current CDA members live; that the possibility of delaying the CDA appointments was discussed with CDA Chairman Pamela Dorwarth, who indicated such delay would be agreeable; that City residents living in other parts of the City may also have an interest in serving on the CDA; that two of the current five Board members reside outside the City; that ideally all areas of the City should be represented on the CDA. Commissioner Merrill stated that the applicants have impressive qualifications; however, delaying appointment to solicit wider City representation is supported. Mayor Cardamone stated that hearing no objections, appointments to the Citizens with Disabilities Advisory Board will be delayed to a future regular Commission meeting. 21. BOARD APPOINTMENTS: APPOINTMENT RE: PUBLIC ART COMMITTEE - APPOINTED GERTRUDE KASLE (AGENDA ITEM IX-2) #4 (1609) through (1776) Mayor Cardamone stated that Mark Ormond, who was filling the seat designated for a City resident or property owner, has resigned from the Public Art Committee (PAC); that several qualified City residents have applied; and requested nominations. Vice Mayor Pillot nominated Dorothy Oehlschlaeger. Commissioner Dupree nominated Michael Epstein. Mayor Cardamone nominated Gertrude Kasle. Vice - Mayor Pillot stated that Ms. Oehlschlaeger's reputation gained over several decades as well as that of her family is persuasive of the value of her experience. Commissioner Merrill asked if Ms. Oehlschlaeger and her husband owned the art gallery on St. Armands Circle. Vice Mayor Pillot stated yes. Commissioner Dupree stated that Mr. Epstein is not known personally; however, his background indicates he would be a credit to the Public Art Committee; that the statement on Mr. Epstein's application that "Art has the ability to move minds and hearts" is - compelling. Mayor Cardamone stated that Ms. Kasle is a very gracious lady with an extensive art collection and a variety of excellent experience in the various communities in which she has lived; that Ms. Kasle currently resides on Gulf Stream Avenue. Mayor Cardamone called for a vote on the nominations. Dorothy Oehlschlaeger received two votes: Merrill, yes; Pillot, yes. Michael Epstein received one vote: Dupree, yes. Gertrude Kasle received two votes: Patterson, yes; Cardamone, yes. Mayor Cardamone called for a vote on the nominations which received two votes. Dorothy Oehlschlaeger received two votes: Merrill, yes; Pillot, yes. Gertrude Kasle received three votes: Dupree, yes; Patterson, yes; Cardamone, yes. Mayor Cardamone announced the appointment of Gertrude Kasle to the Public Art Committee. 22. BOARD APPOINTMENTS: APPOINTMENT RE: SARASOTA HOUSING AUTHORITY - APPOINTED PEGGY ROBERTS (AGENDA ITEM IX-2) #4 (1776) through (1882) BOOK 41 Page 14428 04/07/97 6:00 P.M. BOOK 41 Page 14429 04/07/97 6:00 P.M. Mayor Cardamone stated that Jack Conway has resigned from the Sarasota Housing Authority (SHA) ; that Mr. Conway had previously raised with the Commission the possibility of future conflict between his two roles as President and Chief Executive Officer of the Community Housing Corporation (CHC) and as a Commissioner of the SHA; that his resignation letter indicates the possibility of conflict has become a reality; that Mr. Conway did an excellent job of directing the SHA during his tenure on the Board. Mayor Cardamone continued that the name of Peggy A. Roberts is placed in nomination; that Ms. Roberts has extensive experience in public housing and leadership and has a sincere interest in serving the community. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to confirm the nomination by the Mayor of Ms. Peggy A. Roberts. Commissioner Dupree asked if one SHA Board member must be a regular SHA tenant and another a Section 8 SHA tenant? City Auditor and Clerk Robinson stated that only one seat on the SHA Board is designated for a tenant; that Mr. Arthur Thomas Walker, Jr. was recently appointed to fill that seat. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (1882) through (2195) COMMISSIONER DUPREE: A. stated that the Economic Development Board (EDB) favorably received a presentation concerning the Sarasota North Area Plan (SNAP) and the EDB will consider the plan as an agenda item at its next meeting. B. stated that Arthur Anderson, LLP, will add at least 350 jobs in Sarasota; that the jobs will not benefit low- income people but will benefit some City residents; that Arthur Anderson which is seeking management information systems and computer science graduates, accounting personnel, etc., has indicated that Sarasota is short of support services, such as day care centers and health and fitness centers; that impact fees and the lack of facilities to educate qualified staff were mentioned as a hindrance; that attention should be given to the north area of the City sO additional jobs can be brought to the area. Mayor Cardamone stated that Sarasota will be the worldwide technology headquarters for Arthur Anderson which anticipates hiring local residents for the majority of the 350 jobs, with an average salary of $35,000; that the area workforce should become involved in training at Manasota Community College and Sarasota Vocational Technical School to obtain the necessary skills to qualify for the new jobs. COMMISSIONER MERRILL: A. stated that some of the turf at the Bayfront is in poor condition; that the area should be beautifully maintained. City Manager Sollenberger stated that a walk-through of the area is scheduled for Wednesday morning. COMMISSIONER PATTERSON: A. asked if construction vehicles are parking on the median of Gulf Stream Avenue because a solution has not yet been developed to the parking problem? City Manager Sollenberger stated that construction vehicles will be required to park in the Bayfront parking lot to alleviate the parking problem in the median of Gulf Stream Avenue. Vice Mayor Pillot stated that a vacant parcel near Selby Gardens could be made available for parking. Mayor Cardamone stated that parking could be provided at the Sarasota County Fairgrounds and the construction workers transported to the site. Commissioner Patterson stated that parking could be provided on Ken Thompson Park and construction workers transported to the site. City Manager Sollenberger stated that parking alternatives will be developed and the situation resolved. MAYOR CARDAMONE: A. stated that the specific parking concern on the Bayfront should be identified and appropriate action taken; that the Bayfront Parking Plan has resulted in an unsightly proliferation of signs. City Manager Sollenberger stated that the parking situation will be reviewed. BOOK 41 Page 14430 04/07/97 6:00 P.M. BOOK 41 Page 14431 04/07/97 6:00 P.M. B. asked if any news has been received regarding the lease at Ed Smith Stadium? City Manager Sollenberger stated no. 24. OTHER MATTERS /ADMINISTRATIVE OFFICERS - SCHEDULED A COMMISSION WORKSHOP MEETING AT 9:00 A.M. ON FRIDAY, APRIL 18, 1997, IN THE COMMISSION CHAMBERS TO DISCUSS ANNEXATIONS AND BULK SALES OF WASTEWATER TREATMENT TO THE COUNTY (AGENDA ITEM XI) #4 (2195) through (2648) CITY AUDITOR AND CLERK ROBINSON: A. stated that following is the schedule of Commission Meetings: Friday, April 11 Statutory Meeting 12:00 noon Tuesday, April 15 Annual Community Meeting 6:00 - 9:00 p.m. Tuttle Elementary Cafeteria Thursday, April 17 Goal Setting Workshop 8:30 a.m. Municipal Auditorium CITY MANAGER SOLLENBERGER: A. stated that the appointment of William Mitchell to the position of Executive Director of the Van Wezel Performing Arts Hall will be formally announced tomorrow. B. stated that Shirley Brown, State Representative from the 69th House District, and Lisa Carlton, State Representative from the 70th House District, advised that the Lido Beach renourishment funding has passed the Florida House of Representatives; that the issue of funding is being introduced to the Florida Senate; however, an amendment will be added to limit funds only to cities receiving Federal matching funds; that letters have been sent to Katherine Harris, State Senator from District 24, and John McKay, State Senator from District 26; that Senator Harris will introduce an amendment allowing local matching funds to qualify in addition to Federal matching funds so Sarasota will remain eligible. C. stated that the Administration would like to schedule a workshop concerning the issues of annexation and bulk sales of wastewater treatment to the County. There was a consensus of the Commission to hold a Commission workshop meeting at 9:00 a.m. on Friday, April 18, 1997, in the Commission Chambers to discuss annexations and bulk sales of wastewater treatment to the County. D. stated that Lyle Sumek, Facilitator, will be meeting with Staff on Wednesday, April 16, and will observe the Goals Workshop on Thursday, April 17; that Mr. Sumek would like to meet with the Commissioners individually during the afternoon of Thursday, April 17; that times will be scheduled. Commissioner Patterson asked if Mr. Sumek will be facilitating the Goals Setting Workshop? City Manager stated that Mr. Sumek will observe the Annual Community Meeting and will be working with the Commission and the Administration on the establishment of goals; that a great deal of pragress has been made in developing a good team working relationship between the Commission and the Administration; that Mr. Sumek has been very helpful and can continue to contribute in a facilitative role. E. distributed a written review, including Administrative recommendations, of pending State legislation on financial matters prepared by the Director of Finance. Commissioner Patterson stated that the recommendations could have been included in the brochure developed on City Legislative priorities; that the recommendations could have been presented to the Manasota League of Cities for support if provided earlier. City Manager Sollenberger stated that the information was prepared today in response to the most recent Legislative Bulletin of the Florida League of Cities. Commissioner Patterson asked for clarification of the proposed legislation concerning municipal service providers. Gibson Mitchell, Director of Finance, came before the Commission and stated that the proposal is to limit municipalities' ability to provide telecommunication services by requiring the payment of the same ad valorem and other taxes and fees a private telecommunications provider would have to pay; that the proposal takes another right away from municipal governments; that the telecommunications tax is the fastest growing utility tax in the City of Sarasota; that the home rule authority and the power to obtain revenues should not be lost; that the information in his review is more current than the information in the most recent Legislative Bulletin of the Florida League of Cities. BOOK 41 Page 14432 04/07/97 6:00 P.M. BOOK 41 Page 14433 04/07/97 6:00 P.M. 25. ADJOURN (AGENDA ITEM XII) #4 (2649) There being no further business, Mayor Cardamone adjourned the regular meeting of April 7, 1997, at 11:58 p.m. halu - - a a A MOLLIE C. CARDAMONE, MAYOR ATTEST: 9 &W E Relen Ngon BILLK, E ROBINSON, CITY AUDITOR AND CLERK s 89