Book 35 Page 9171 03/15/93 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 15, 1993 AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Nora Patterson, Commissioners Fredd Atkins, Mollie Cardamone, and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0027) through (0051) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Item 2 under New Business - Approval Re: Set for Public Hearing proposed Ordinance No. 93-3684, to provide an amended definition of "Police Officer, 1 to provide an option for direct transfer of distributions qualifying for rollover treatment; to provide for earlier eligibility for cost-of-living adjustments; etc. B. Remove Item 3 under New Business Approval Re: Set for Public Hearing proposed Ordinance No. 93-3685, to provide an amended definition of "Fire Fighter;" to provide an option for direct transfer of distributions qualifying for rollover treatment; to provide for earlier eligibility for cost-of-living adjustments; etc. C. Add to Board Appointments, Item No. IX-1, appointment to the Sarasota Bay National Estuary Program Committee On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR FEBRUARY 1993 = JACQUELINE R. SCOGIN, CRIMINALIST I, POLICE SERVICES BUREAU #1 (0052) through (0118) Captain R. K. Baty, with the Special Operations Division of the Police Services Bureau, came before the Commission and introduced Jacqueline R. Scogin, with the Criminalistics Division of the Police Services Bureau. Captain Baty stated that recently Sarasota had a rash of commercial burglaries in which latent fingerprints were obtained; that as these fingerprints crossed Ms. Scogin's desk, she recognized a similarity among them and determined they were all from the same individual; that upon comparing these fingerprints with those of an arrested individual, Ms. Scogin determined that the arrested individual's fingerprints matched the latent fingerprints of seven commercial burglaries within the City; and that he feels Ms. Scogin serves with pride and excellence for the citizens of Sarasota. Mayor Pillot presented Jacqueline R. Scogin with a plaque and certificate for Employee of the Month for February 1993 in appreciation of her unique performance with the City of Sarasota and congratulated her for her outstanding efforts. 3. APPROVAL OF MINUTES = APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 1, 1993 = APPROVED (AGENDA ITEM I) #1 (0123) through (0135) On motion of Commissioner Atkins and second of Vice Mayor Pillot, it was moved to approve the Minutes of the Regular Sarasota City Commission Meeting of March 1, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that he wanted to give a special welcome to Commissioner Mollie Cardamone at her first full Regular Meeting of the City Commission and that he is looking forward to her service. Commissioner Cardamone stated that it is a pleasure to be in her seat on the City Commission this evening; that she will do her best to represent the citizens; that she wanted to thank the people who supported her and worked hard on her campaign, and especially those people who voted for her. Mayor Pillot asked City Auditor and Clerk Robinson to discuss briefly with the Commission parliamentary procedures that are incumbent upon the Commission. Mr. Robinson stated that each item on the agenda should be announced by the Chair; that the representative of the department involved should come to the Commission table and make the presentation on the item; that if it is a public hearing, at that point the petitioner can come before the Commission and speak for up to 15 minutes and citizens are allowed to sign up to speak for 5 minutes; that the public hearing Book 35 Page 9172 03/15/93 6:00 P.M. Book 35 Page 9173 03/15/93 6:00 P.M. would then be closed and the City Manager would then be asked to give a recommendation to the Commission; that a motion would then be required with a second to the motion from members of the Commission; that the Commission would then discuss the item, followed by a vote on the motion. Mr. Robinson stated that he has asked Mayor Pillot if he would repeat the motions after they are given and before a vote is taken for clarification for everyone as well as for clarification in the Minutes. 4. BOARD ACTIONS = REPORT RE: ADVANCED PARTIAL REPORT OF THE PLANNING BOARD /LOCAL PLANNING AGENCY'S REGULAR MEETING OF MARCH 3, 1993 = ACCEPTED THE ADVANCED PARTIAL REPORT (AGENDA ITEM II) #1 (0236) through (0274) Jane Robinson, Director of Planning and Development, came before the Commission and presented the following item from the Planning Board/Local Planning Agency's regular meeting of March 3, 1993: A. Ordinance No. 92-3634 - Proposed Amendment - - Nightclub Definition Ms. Robinson stated that the proposed amendment to the Zoning Code is a definitional change and relates to catering services that are in conjunction with restaurants; that the amendment will allow a catering service to be able to serve liquor. Ms. Robinson continued that the Planning Board/Local Planning Agency voted 5 to 0 to find this amendment consistent with the Sarasota City Plan. Mayor Pillot stated that it was his understanding that a public hearing on this item was scheduled for later this evening. Ms. Robinson stated that that was correct. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to accept the advanced partial report of the Planning Board's meeting of March 3, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the purpose for Consent Agendas. Mr. Robinson replied that items under Consent Agenda No. 1 are considered routine matters; that if a Commissioner desired to do so, he/she could request that an item be removed for discussion before voting; that Consent Agenda No. 2, consisted of resolutions and ordinances that required a roll call vote. 5. CONSENT AGENDA NO. 1: ITEMS 1, 3, : 5, 6, AND 7 - APPROVED: ITEM 2 = APPROVED WITH THE EXCEPTION OF THE FIVE DATES SCHEDULED IN JULY FOR THE BUDGET WORKSHOPS (AGENDA ITEMS III-A-1, -2, -3, 4 : -5, -6, AND -7) #1 (0275) through (0472) Vice Mayor Patterson requested that Item 2 be removed for discussion. 1. Approval Re: Request of Gulfwind Marine for Replacement of Fuel Storage Tank 3. Approval Re: Code Entorcement Special Master Hearing Procedures 4. Approval Re: Authorize Mayor and City Auditor and Clerk to execute the Second Amendment to agreement for Engineering Services for Bayshore Protection Project with Coastal Planning & Engineering, Inc. 5. Approval Re: Authorize Mayor and City Auditor and Clerk to execute the Lease Agreement with the Parent Child Care Center 6. Approval Re: Authorize Mayor and City Auditor and Clerk to execute the Agreement for publishing services with Clubhouse Publishing, Inc., for the Van Wezel Program Book 1993/1994, (R.F.P. #93-59) 7. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with EMCON Southeast, Tampa, Florida, for the Solid Waste Management Study, (R.F.P. #93-49) On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Items 1, 3, 4, 5, 6, and 7. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. Approval Re: Budget Dates Involving the City Commission Vice Mayor Patterson asked the City Manager what the last date is for the City to certify the millage to the Sarasota County Property Appraiser because the schedule presented indicates that Certification of Millage will be on July 29, and she is concerned because the dates of the Budget Workshops for the Commission immediately precede this on July 26 through July 29. City Manager Sollenberger stated that the City has 35 days from the receipt by the Property Appraiser for Certification of Millage, which would be around August 4, 5, or 6. Vice Mayor Patterson stated that that is exactly her concern because she feels the Commission is going to have a difficult time with the budget judging from the projections that she has seen and Book 35 Page 9174 03/15/93 6:00 P.M. Book 35 Page 9175 03/15/93 6:00 P.M. she would like the Commission to have the luxury of having more intervening time between the budget approval procedure and Certification of Millage. Mr. Sollenberger stated that in the past the Commission's Budget Workshops were conducted in late June; however, in discussing this timeframe with the Budget Officer and the Finance Department, it was felt that they needed more time due to changing the format of some of the budget; that in order to address Vice Mayor Patterson's concern, he prefers that the Commission adopt the calendar as presented up to the issue of the Budget Workshops and then he will come back to the Commission on those dates; that he would like an opportunity to discuss the dates of the Budget Workshops with the Finance Director and Deputy Director. Vice Mayor Patterson stated that she has a conflict with her schedule and the Neighborhood Workshop scheduled for May 8. Mr. Sollenberger stated that he understands Commissioner Cardamone also has a conflict with that date and the City Auditor and Clerk is rescheduling that workshop. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved to approve the Budget Calendar with the exception of the dates of the five Budget Workshops scheduled in July. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. CONSENY AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 93R-632) = ADOPTED; ITEM 2 (RESOLUTION NO. 93R-645) = ADOPTED; ITEM 3 (ORDINANCE NO. 92-3581) = ADOPTED; ITEM 4 (ORDINANCE NO. 93-3639) = ADOPTED; ITEM 5 (ORDINANCE NO. 93-3645) = ADOPTED: ITEM 6 (ORDINANCE NO. 93-3650) = ADOPTED: ITEM 7 (ORDINANCE NO. 93-3653) = ADOPTED; ITEM 8 (ORDINANCE NO. 93-3661) ADOPTED; AND ITEM 9 (ORDINANCE NO. 93-3669) = ADOPTED (AGENDA ITEMS III-B-1, -2, -3, -4, -5, -6, -7, -8, AND -9) #1 (0473) through (0884) City Auditor and Clerk Robinson read proposed Resolution No. 93R-632 by title only, read proposed Resolution No. 93R-645 in its entirety, and read Ordinance Nos. 92-3581, 93-3639, 93-3645, 93-3650, 93-3653, 93-3661, and 93-3669 by title only. 1. Adoption Re: Proposed Resolution No. 93R-632, authorizing the City Manager to enter into and sign mutual aid agreements between the Sarasota Police Department and other Law Enforcement Agencies located within the State of Florida pursuant to Chapter 23, Florida Statutes (Title Only) 2. Adoption Re: Proposed Resolution No. 93R-645, appropriating $710.00 from the Special Law Enforcement Trust Fund (forfeitures) to fund registration fees for communications personnel to attend Associated Public Safety Communications Officers Annual Conference; etc. 3. Adoption Re: Second Reading of proposed Ordinance No. 92-3581, amending Chapter 23, Sarasota City Code, pertaining to commercial vending on public property and public right-of-way; setting forth the responsibilities of sponsors of special events to obtain vending permits as more particularly set forth herein; requiring the display of the permit by vendors during special events; providing procedures and a permit fee for vendors not associated with a sponsor of a special event; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 4. Adoption Re: Second Reading of proposed Ordinance No. 93-3639, to vacate that portion of Browning Street described as follows: begin at the southwest corner of Lot 2, Block F, Poms Park; thence eastwardly along the northerly line of Browning Street, 50.00 Feet to the northeast corner of said Lot 2, 50.00 Feet to the northwest corner of Lot 1, Block H, Poms Park; thence westwardly along the southerly line of Browning Street, 50.00 Feet to the northwest corner of said Lot 1, and thence northwardly along the northerly projection of the westerly line of said Lot 1, 50.00 Feet to the point of beginning; more particularly described therein; etc. (Title Only) (Petition No. 93-SV-01, Naylor representing First Church of God) 5. Adoption Re: Second Reading of proposed Ordinance No. 93-3645, amending Chapter 37, water and sewers, by adding thereto a new Article IV, use of reclaimed water; providing definitions; providing regulations regarding the availability and use of reclaimed water and reclaimed water systems; repealing ordinances in conflict; etc. (Title Only) 6. Adoption Re: Second Reading of proposed Ordinance No. 93-3650, amending Chapter 37, water and sewers, Article III, Industrial Pretreatment Program, by amending, deleting and adding certain definitions; modifying certain regulations for use of public sewers; permitting inspections by EPA employees; modifying the compliance report and schedule requirements; requiring permit application certification; requiring certain record keeping; providing for severability of the parts hereof; etc. (Title Only) Book 35 Page 9176 03/15/93 6:00 P.M. Book 35 Page 9177 03/15/93 6:00 P.M. 7. Adoption Re: Second Reading of proposed Ordinance No. 93-3653, pertaining to commercial vending in designated public parks; amending Section 6-28, commercial vending on public property and public right-of-way, zoning code, to provide that commercial vending may take place in designated public parks by contract with the City; establishing a definition for designated park vendors; designating Selby Five Points Park and Pineapple Park as locations for commercial vending; declaring that commercial vendors who do not have a contract with the City shall not be allowed to vend in a designated park or on right-of-way abutting a designated public park; requiring that designated park vendors adhere to those requirements of Section 6-28 as the City Commission shall specifically provide for by contract; repealing ordinances in conflict; etc. (Title Only) 8. Adoption Re: Second Reading of proposed Ordinance No. 93-3661, amending the procedures for processing proposed amendments to the Local Government Comprehensive Plan, as set forth herein; making findings as to need; amending the regulations pertaining to said amendment procedure; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 9. Adoption Re: Second Reading of proposed Ordinance No. 93-3669, providing for the designation of the structure located at 1624 Hillview Street, historically known as the Robertson House, as a structure of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 93-HD-09, Mikki Hartig) On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve Consent Agenda No. 2, Items 1 through 9. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot asked Mr. Earley Bradshaw, Marketing Director for Browning Ferris Industries (BFI), to explain how they plan to assist with the collection of debris from the storm the area experienced over the weekend. Mr. Bradshaw and Duane Mountain, Public Works Administration Manager, came before the Commission. Mr. Bradshaw stated that he had talked with his staff at 5 O'clock and that the report was very good; that BFI feels they will be running only a day to a day and a half behind their regular schedule; that BFI has been working with the City's Solid Waste Department on problems that might arise; that it is important that debris from trees be properly prepared by cutting them into 4 foot lengths, placing leaves and shrubbery clippings in plastic bags or cartons; that all properly prepared material placed at the curb will be picked up. Mr. Mountain stated that the Solid Waste Department had discussed this situation with BFI earlier today and are pleased * with the effort BFI is making to handle the debris from the recent storm; that the Solid Waste Department is going to assist BFI so there will not be a lag time in trash pickups. 7. SCHEDULED PRESENTATIONS: PRESENTATION RE: WATER MANAGEMENT ISSUE IN THE SOUTHERN GROUND WATER BASIN = NO ACTION TAKEN (AGENDA ITEM V-2) #1 (0885) through (1305) Steven Minnis, representing the Southwest Florida Water Management District (SWFWMD) - came before the Commission and stated that it is important that the City Commission recognize at this point in time that there are some problems with groundwater levels and water quality in Sarasota County; that since the 1960s, groundwater quality has been deteriorating and water levels have been lower. Mr. Minnis continued that in 1989 SWFWMD established three Water Use Caution Areas (WUCAs) as follows: Highlands Ridge WUCA Northern Tampa Bay WUCA Eastern Tampa Bay WUCA Mr. Minnis stated that each of these WUCAS are undergoing a Water Resource Assessment Project (WRAP); that it was determined that activity outside the Eastern Tampa Bay WUCA is also affecting it. Mr. Minnis reviewed material with the Commission on the Southern WUCA via the overhead projector and stated that the groundwater level was relatively stable until the 1960s; that from the 1960s to the 1990s, the level has fluctuated substantially and the decline has been around 15 feet; that the groundwater level in the area of the Verna Well Field in Sarasota County has decreased between 40 to 60 feet. Mr. Minnis stated that sulfates indicate that the water quality is degrading; that salt water intrusion occurs when pumpage of water is so great that the salt water comes upwards and that the coastal wells will be affected first. Mr. Minnis continued that the Governing Board developed a management strategy by forming citizens' work groups for the Northern Tampa Bay WUCA, Eastern Tampa Bay WUCA, and the Highlands Ridge WUCA. City Manager Sollenberger stated that the City has been involved in the work groups and plans to continue to be involved, not as members but as attendees, because the City's water supply is at stake and relies heavily on groundwater. Book 35 Page 9178 03/15/93 6:00 P.M. Book 35 Page 9179 03/15/93 6:00 P.M. 8. CITIZENS' INPUT (AGENDA ITEM VI) #1 (1312) through (2150) Mayor Pillot stated that at this time the public may address the Commission on any topic that is of concern to the individual and will have a five-minute time limit. Gerald Bortszewski, 1827 Grove Street, stood in the audience and stated that his concern had been addressed when Mr. Bradshaw of Browning Ferris Industries explained that citizens should place debris from the recent storm at the curb for pick up. Mr. Lloyd E. Poulton, 190 Mimosa Circle, and Mr. W.G. Ludwig, 3802 Calliandra Drive, came before the Commission. Mr. Ludwig stated that they would like to request that the Commission reexamine the cap of 350 memberships at the Bobby Jones Golf Course; that his investigations have shown that it is the only public golf course in the area that has a restriction of 350 members; that the courses in the area that are restricted to 350 memberships are private courses, such as Bent Trée Golf Course; that the Bobby Jones Golf Course has two 18-hole courses whereas Bent Tree has only one 18-hole layout; that if Bent Tree can effectively accommodate 350 members, the Bobby Jones Golf Course should be able to accommodate 700 memberships. Mr. Poulton stated that now that he has retired and could become a member of Bobby Jones, no memberships are available and none probably ever will be available; that he would like the Commission to reconsider the cap on memberships and feels the City would make more money if the cap were increased. Peter Schneider, Deputy City Manager, stated that the opportunity exists for Mr. Poulton and Mr. Ludwig to be part of the membership lottery that will be held next week to award annual fee cards to about 50 interested people; that City residents will be given preference; that he recommends they enter the lottery if they are interested; that the cap of 350 memberships was determined based on a study that was conducted by the National Golf Foundation last summer; that the number of 350 was a financial decision pertaining to the amount of revenue raised from daily fee players versus the amount of revenue that is raised from annual fee holders. Mr. Schneider continued that the Commission's directive is that the Bobby Jones Golf Course be a self-sustaining operation and when it had in excess of 800 annual fee holders, it was not generating adequate revenue to pay expenses. Mr. Ludwig stated that the Bobby Jones Golf Course is a city facility that is supposed to afford City residents reasonable golf and he is being restricted from it. Mayor Pillot stated that at the Commission's budget hearings last year, considerable discussion was given to the issue of a cap of 350 memberships. Mr. Sollenberger stated that the Commission will review the revenues from Bobby Jones at this year's budget meetings to see how things are working out based on this membership cap. Commissioner Merrill stated that this is a budget issue and will be reviewed soon and asked whether the Administration could make available to Messrs. Poulton and Ludwig a copy of the study the National Golf Foundation did on the Bobby Jones Golf Course. Mr. Schneider stated that that would be possible. Vice Mayor Patterson stated that she feels the Bobby Jones facility should produce revenues to the City, who has invested large sums of money in it in the past; that the Commission will check to see how the cap on memberships has worked with regard to revenues this year. Mayor Pillot stated that this issue will be given careful consideration during the budget process. Charles Kevin Senf, 1767 Laurel Street, came before the Commission and stated that he is an employee of the City who has worked in the Information Services Department since October 1989; that he wanted to thank Commissioner Merrill for his recent comments in the Sarasota Herald-Tribune following the ratification of the Fire/Rescue contract which lowered the work hours of the fire fighters; that in the years he has been employed by the City, he saw the demise at an attempt of unionization on the part of the General Employeesi; that he has heard quite a bit of discordance in conversations with General Employees; that prior to coming before the Commission tonight, he had wondered whether he dare speak out. Mr. Senf continued that he feels the General Employees do not have an advocate to come before the Commission and speak on their behalf; that it seems to the General Employees that their contributions to the City are considered less significant than that of the uniformed servants of the people; therefore, the City may not get as much out of them; that an item under Consent Agenda earlier this evening approved $710 for Police to attend an annual conference; that during the two years he has worked in Information Services, there have not been any funds, except in the most extreme emergency, for any employees to attend a Novell seminar or a similar educational seminar. City Manager Sollenberger stated that the $710 approved under Consent Agenda for Police personnel to attend a communications seminar would come from the Law Enforcement Trust Fund, which are proceeds derived from confiscated goods which must be spend on law enforcement issues. 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JTOD [euotzeN 047 1eyz aas 07 ato pue ro7Tpny KTo 0u7 pagonigsur RoTITa IoKew squouuoo sTy JoJ Juas * IW pasueyz pue sey juas IW se seads 07 soaXoTdug terauas OATgonI2suoo pue 'agernorae 'paureouoo Kitenba sebemoous ay 1ey7 !sseads ay uoym JoJ sI0yzo Kue JoJ pue ITasury JOJ azepoApe BATgoniasuoo e pue agernotqze KIeA ST Juas IW steay au 'agepoApe ue OAPY 7ou op seekoTdug Tezouas 04z zeyz pres Juas IW OITYM zeyz pazezs T0IITd IoKew *seunIOA sseads soeKotdus Tezaues a47 Jo quowgeo1a agezedstp 047 staay ay pue sakoTdue K2to 07 prebez 47TM uagsks parera-oma e aq 02 suaas 01oy? zeyz ST aurod STy 'IeAaMOW puna asnIL queusorojuz MET euz Jo asodand a47 Jo aIeme ST u 7eyz pazezs Juas IW "W'd 00:9 £6/St/Eo I8T6 abed SE x008 Mayor Pillot opened the public hearing. There was no one signed up to speak and the public hearing was closed. City Auditor and Clerk Robinson read proposed Ordinance No. 92-3603 by title only. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve proposed Ordinance No. 92-3603 on first reading. City Manager Sollenberger stated that he recommends adoption of this ordinance. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3677, AMENDING ARTICLE VIII, DIVISION 22, OF THE ZONING CODE PERTAINING TO THE THEATER AND ARTS DISTRICT (TAD): AMENDING THE MINIMUM OFF-STREET PARKING REQUIREMENTS FOR OFFICES OF ARCHITECTS, PROFESSIONAL ENGINEERS, LANDSCAPE ARCHITECTS, AND PLANNERS AS SET FORTH HEREIN; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (2281) through (2641) Jane Robinson, Director of Planning and Development, came before the Commission and stated that currently the Theater and Arts District (TAD) Zone has several low-intensity uses that do not require a parking standard if the use is less than 3000 square feet; that the motivation for this incentive is to allow existing older structures to be used as offices; that some of the low-intensity uses under the TAD Zoning are designers, art galleries, etc.; that the proposed ordinance would amend the Zoning Code to allow three additional low-intensity uses - architects, engineers and planners; that architects feel they are very much like designers and there are some architects who would like to use some of the buildings in the TAD Zone with the parking incentive if their offices are 3000 square feet or less. Mayor Pillot passed the gavel to Vice Mayor Patterson to confer with the City Attorney. Vice Mayor Patterson stated that she feels the low-intensity uses currently allowed in the TAD Zone are the types of establishments that people visit and are an attraction to encourage more pedestrian traffic; that she feels when someone goes to an architect's office, they want something designed and do not go from Book 35 Page 9182 03/15/93 6:00 P.M. Book 35 Page 9183 03/15/93 6:00 P.M. one architect's office to another; that the same thing applies to engineers and planners. Ms. Robinson stated that architects feel they are similar to designers. Mayor Pillot stated that the reason he had conferred with the City Attorney was because his son is an architect and recently completed remodeling an older home on 2nd Street west of Cocoanut Avenue for an office; that while his son's office has enough space for parking, he wanted to be sure that he did not have a conflict of interest on this issue. City Attorney Taylor stated that since Mayor Pillot's son would not profit or gain from this amendment, he does not feel Mayor Pillot has a conflict of interest on this matter. Vice Mayor Patterson opened the public hearing. There was no one signed up to speak and the public hearing was closed. City Manager Sollenberger stated that he recommends passage of this ordinance on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3677 by title only. On motion of Mayor Pillot and second of Commissioner Cardamone, it was moved to approve proposed Ordinance No. 93-3677. Motion carried (3 to 2): Atkins, no; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, no. Vice Mayor Patterson passed the gavel back to Mayor Pillot. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3681, PROVIDING FOR THE DESIGNATION OF A HISTORIC DISTRICT TO BE KNOWN AS THE "SARASOTA/HILWVIEK ART COLONY" PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; SAID DISTRICT TO BE LOCATED SOUTH OF HILLVIEW STREET, EAST OF ORANGE AVENUE, NORTH OF HYDE PARK STREET, AND WEST OF OSPREY AVENUE; SAID DISTRICT BEING COMPRISED OF THE FIVE STRUCTURES LOCATED AT 1656 AND 1666 HILLVIEW STREET, AS MORE PARTICULARLY DESCRIBED HEREIN: PROVIDING FOR THE CLASSIFICATION OF THE STRUCTURES WITHIN SAID DISTRICT AS CONTRIBUTING OR NONCONTRIBUFINGI SETTING FORTH CRITERIA FOR THE REVIEW OF NEW CONSTRUCTION WITHIN SAID DISTRICT: ETC. (TITLE ONLY) (PETITION NO. 93-HDD-1, MIKKI HARTIG) = PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (2641) through (3073) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the five structures at 1666 and 1656 Hillview Street are historic structures located on the south side of Hillview Street; that the Historic Preservation Board recommends that these five structures be considered a district. Commissioner Merrill left the Commission Chambers at 7:15 p.m. Ms. Victoria "Mikki" Hartig came before the Commission and stated that she represents Frank and Diana Colson and Ruth Lapham; that the Colson's residence, studio and school at 1666 Hillview Street was originally owned by Hilton Leech; that all of the structures she is going to talk about are unique early examples of the Modern/ Contemporary Eclectic style. Ms. Hartig reviewed a description of the structures with the Commission and displayed slides of them. Commissioner Merrill returned to the Commission Chambers at 7:18 p.m. Mayor Pillot opened the public hearing. There was no one signed up to speak and the public hearing was closed. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3681 by title only. City Manager Sollenberger stated that he recommends passage of this proposed ordinance on first reading. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved to approve proposed Ordinance No. 93-3681. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3682, AMENDING THE ZONING CODE PROVISIONS FOR NIGHTCLUBS : SETTING FORTH A REVISED DEFINITION FOR NIGHTCLUBS; MAKING FINDINGS AS TO THE NEED TO AMEND SAID DEFINITION: REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-4) #1 (3074) through (3458) Jane Robinson, Director of Planning and Development, came before the Commission and stated that this proposed ordinance would allow a restaurant that has an accessory use of a catering service to serve liquor as part of the catering service. Mayor Pillot opened the public hearing. Gary Beasley, 277 Southgate Plaza, representing Beasley's Restaurant, came before the Commission and stated that he has operated the restaurant since 1984; that recently he was a winner of the Liquor License Lottery for the State of Florida; that he would like to use this liquor license in conjunction with his catering service and restaurant because his current liquor license Book 35 Page 9184 03/15/93 6:00 P.M. Book 35 Page 9185 03/15/93 6:00 P.M. is 4-COP with an SRX designation which does not allow him to take alcohol off the premises; that when he applied for his current license, the way the Zoning Code reads, his restaurant is defined as a nightclub and clearly it is not a nightclub because his restaurant does not have any entertainment or dance floor. Bill Hewes, Director of Building, Housing, Zoning, and Code Enforcement, came before the Commission and stated that presently Mr. Beasley has a license that allows him to operate a restaurant, but because he has obtained a liquor license that can be used for any kind of liquor sales through the Lottery, Mr. Beasley would like to use his new liquor license in place of the restaurant liquor license he now has; that this will allow Mr. Beasley to continue to operate the restaurant as well as allow his: catering service to serve liquor. There was no one else to speak and the public hearing was closed. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3682 by title only. City Manager Sollenberger stated that he recommends approval of this proposed ordinance. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved to approve proposed Ordinance No. 93-3682. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3683, AMENDING ARTICLE VIII, DIVISION 2, OF THE ZONING CODE PERTAINING TO CLUSTER HOUSING BUBDIVISIONS IN THE RSF-3 AND RSF-4 ZONE DISTRICTS; REVISING THE REQUIREMENTS FOR A SPECIAL EXCEPTION FOR CLUSTER HOUSING SUBDIVISIONS AS SET FORTH HEREIN: AMENDING THE MINIMUM LOT REQUIREMENTS AND MINIMUM YARD REQUIREMENTS FOR CLUSTER HOUSING SUBDIVISIONS DEFINING TERMS: SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = CONTINUED THE PUBLIC HEARING AND REFERRED TO THE PLANNING BOARD/LOCAL PLANNING AGENCY THE TECHNICAL MATTERS CONCERNING THE MAXIMUM LOT COVERAGE AND THE INTERIOR SETBACKS AS WELL AS THE ROADWAY WIDTHS, BUT NOT THE COMMON WALL ISSUE (AGENDA ITEM IV-5) #1 (3461) through #2 (0682) Jane Robinson, Director of Planning and Development, came before the Commission and stated that on March 3, 1993, the Planning Board/Local Planning Agency mentioned that they had a couple of technical issues they wanted to look at again; that it is the recommendation of the Planning Staff that these two technical issues be sent back to the Planning Board for review. Commissioner Merrill stated that on page 3 of the proposed ordinance it calls for pavement to be a minimum of 26 feet and asked Ms. Robinson if that was necessary. Ms. Robinson stated that 26 feet would be reasonable rather than a 50 foot right-of-way because the extra space could then be used for housing. Commissioner Merrill stated that the American Society of Civil Engineers recommends 22 feet for a local street and the Urban Land Institute recommends 20 feet of paved area for a cul-de-sac of less than 300 feet. Commissioner Merrill stated that the wider the road, the greater the tendency is for speeding and a greater cost for maintenance. Ms. Robinson stated that she would need to defer this issue to the Engineering Department. Mr. Don Price, 4218 Bay Shore Road, petitioner, came before the Commission and stated that at the Planning Board's meeting of February 10, 1993, it was the consensus of the Board to introduce attached units into the planning process for cluster housing; that he understands that the Planning Board met again on March 3, 1993, without notification to at least two people who are interested in this process, at which time the two technical issues to which Ms. Robinson referred arose; that he does not know what these two technical issues are and wanted to ask about them. Mr. Price continued that he is concerned that the Administration recommends continuing the public hearing for additional review of the proposal with the exception of allowing attached units in the RSF-3 and RSF-4 zone districts; that he feels the Planning Board should be allowed to consider the issue of attached units. Mr. Price stated further that the Planning Board had decided that attaching units is what cluster housing is about, not that all cluster housing has to be attached, but that it should be allowed; that the plan now states that instead of allowing any units to be attached, they all have to be a minimum of 12 feet apart with 6 feet on either side and that limits the type of development that can be achieved. Ms. Robinson stated that the way the ordinance is currently written, someone must have three acres in order to have a cluster subdivision; that in order to make this ordinance more flexible, it is suggested that, since the area in question is heavily treed, no setbacks would be required as well as no land area minimum requirements, and no required lot widths in order to preserve as many trees as possible. Ms. Robinson continued that the two technical issues the Planning Board wants to reconsider are as follows: that the Planning Board wanted the maximum lot coverage to be able to pertain to the total acreage and not exclude the roadway if someone did not want a private road, but wanted a public road, and Book 35 Page 9186 03/15/93 6:00 P.M. Book 35 Page 9187 03/15/93 6:00 P.M. that if there is a public right-of-way, the structure would have a setback line, which is the distance between the pavement and the right-of-way if the right-of-way is 50 feet. Commissioner Merrill asked if what was before them was a special exception within a single-family zone. Ms. Robinson stated that that was correct. Commissioner Merrill stated that most of the big golf course projects today are building "detached" rather than "attached" housing. Mayor Pillot opened the public hearing. Mr. Price distributed a newspaper article about cluster housing to the Commission (a copy of which is on file in the Office of the City Auditor and Clerk) and stated that he would like to request that the issue of the width of the paved area be reevaluated by the Planning Board. Mr. Price welcomed Commissioner Cardamone and stated that he felt she would be a welcome addition to the City Commission. City Manager Sollenberger stated that his recommendation is to continue the public hearing and refer to the Planning Board/Local Planning Agency the technical matters concerning the maximum lot coverage and the interior setbacks as well as the roadway widths, but not for the common wall issue. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the recommendations of the Administration. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot asked that the City Auditor and Clerk keep Mr. Price informed of any meetings related to this matter. Mr. Robinson stated that he would. 14. SCHEDULED PRESENTATIONBI PRESENTATION RE: HUDSON BAYOU RESTORATION PROJECT - REFERRED NOT ONLY THE HUDSON BAYOU PROJECT BUT ALL THE BAYOUS WITHIN THE CITY TO THE ADMINISTRATION TO STUDY (AGENDA ITEM V-1) #2 (0685) through (1210) Dave Davis, Ray Thacker, and Jim Toale came before the Commission. Mr. Davis stated that they were present on behalf of a larger number of home owners who live on Hudson Bayou between the Osprey Avenue bridge and U.S. 41; that there is a problem with silting of Hudson Bayou that has been in existence for quite awhile and it is getting worse; that the stormwater drainage that empties into Hudson Bayou comes through a system that widens tremendously adjacent to their properties; that the effect of that is that the widening of the Bayou causes the water running through it to slow down and drop whatever it is carrying, such as shopping carts and tires; that the silt that is being dropped has caused the "hard bottom" of the Bayou to be covered as much as 6 to 8 feet; that a study done with core samples indicates that the original "hard bottom" of the bayou is even below the present "hard bottom." Mr. Thacker stated that the house he and his wife live in was originally built by his mother-in-law in 1959; that his wife was raised in the house and she remembers diving off the dock into Hudson Bayou as well as crabbing and fishing there; that she used to be able to take the family's boat under the bridge at U.S. 41 and that is no longer possible; that in 1967 when they purchased the property there was at least 3 to 4 feet of water at a mean low tide next to their dock; that the water quality is now terrible and has silted in and many species of fish are no longer there, especially the bait fish; that he can only use their boat at high tide or very close to high tide and three or four months of the year they cannot use their boat at all because of the silting. Mr. Toale stated that he began looking into the possibility of dredging Hudson Bayou about four years ago; that the home owners have spent a fairly significant sum of money on the various studies thus far and there are some things they cannot do due to cost; however, there are some sources of grant money available through the West Coast Inland Navigation District for which a local government can apply. Mr. Toale stated further that that was the main reason they are here tonight. Mr. Davis stated that they would like the City to assist their committee in studying the problem with Hudson Bayou to determine what can be done to correct the situation as well as explore various funding sources that are available. Mr. Davis continued that they would like the Commission to refer this issue to the Staff and come back to the Commission with a recommendation as to what can be done and what funding sources are available to aid in cleaning up Hudson Bayou; and that they hope that the City will be able to work with the Stormwater Management District to develop a plan to keep the problem from reoccurring. City Manager Sollenberger stated that he would like to have this issue referred to the Administration in order that they may confer with Mr. Davis as well as consult with the drainage utility and the National Estuary Program (NEP) and bring a report back to the Commission as to what has been learned. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to refer not only Hudson Bayou but all the bayous within the City to the Administration to study. Vice Mayor Patterson stated that she does not want Hudson Bayou to take precedence over any other bayou; however, the citizens have done substantial work on studies of Hudson Bayou and it has a head Book 35 Page 9188 03/15/93 6:00 P.M. Book 35 Page 9189 03/15/93 6:00 P.M. start over others; that she had talked with Mark Alderson, Director of the NEP, today and was told that in addition to the silting, Hudson Bayou has lead in the silt and beçause of the lead, it is impossible for Hudson Bayou to perform its natural estuarian function as a breeding ground of small marine life; that it is a concentration of lead that is unusual for the waterways of Sarasota, which is why the NEP is interested in it. Commissioner Atkins stated that he understands that, but feels that could be said about all the bayous. Mayor Pillot stated that perhaps the Administration would work with each bayou as effectively as possible and not hold up progress on one bayou that has studies further along than another. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. CITIZENS' INPUT (AGENDA ITEM VI) #2 (1211) through (1802) Mayor Pillot stated that Citizens' Input had been addressed earlier in the meeting; however, since it was taken sooner than it usually is, citizens might not have been present earlier; therefore, the Commission will also accept Citizens' Input at this time. Devin Rutkowski, 1920 Laurel Street, came before the Commission and stated that he wanted to bring to the Commission's attention the problem he has with the special exception the Commission recently granted regarding 310 S. Osprey Avenue; that he is speçifically concerned that the special exception will have language that will be specific only to that property and he cannot locate anywhere in the Zoning Code that allows this. Commissioner Cardamone stated that she needed to be brought up-to-date on this item. City Attorney Taylor stated that there was a situation where a special exception regarding 310 S. Osprey Avenue came before the City Commission and was originally voted down; that at a subsequent Commission meeting, following one of the procedural points of Roberts' Rules of Order, the Mayor at that time brought the matter back before the Commission for rescission on the basis that, having discussed this with the owner of the property, it was determined that the owner was willing to enter into a written, binding agreement which would be recorded in the public records that would run with the land; that the wording would make this special exception applicable only to that particular owner; that, in general, special exceptions do not contain that limitation. Attorney Taylor continued that although the City's Zoning Code does not specifically provide that procedure, Sarasota does not have the type of Zoning Code that itemizes things that can be done, but the City's Zoning Code for most purposes is the opposite by allowing anything to be done that the Zoning Code does not prohibit someone from doing. Commissioner Cardamone stated that she has always had difficulty with special exceptions. Mr. Rutkowski stated he is also concerned about this special exception because the City's Planning Staff found this petition inconsistent with the City's Comprehensive Plan, but the City's Planning Board found it consistent with the City's Comprehensive Plan; however, he has been unable to locate the data by which the Planning Board made this finding to support its decision. Mr. Rutkowski continued that at this point no construction has taken place on the project and that he feels the City should reconsider what has taken place regarding this special exception; that at the very least he feels a second public hearing should be held since a previous Commissioner decided to rescind a previous vote. Mayor Pillot asked the City Auditor and Clerk whether it would take a motion from one of the two remaining Commissioners who voted on the prevailing side to bring this issue back before the Commission. Mr. Robinson stated that any Commissioner could give notice tonight that he/she intends to move to rescind the special exception at the Commission's next meeting, and that would require a majority vote at the next meeting; that a Commissioner could make a motion tonight to rescind and it would take a super majority vote (4 votes) to pass. Commissioner Merrill stated that he was giving notice that he will move at the April 5, 1993 meeting to rescind the Commission approval of the special exception petition to approve the counseling facility at 310 S. Osprey Avenue, subject to it being a legal motion. City Auditor and Clerk Robinson stated that he would put in on the agenda for the meeting of April 5, 1993 with the understanding that someone will determine whether any contracts have been let and if they have, it would not be legal to rescind the action. City Manager Sollenberger stated that Staff would check into this matter for the Commission. Commissioner Cardamone stated that a lot of people in the City have been very uncomfortable with special exceptions for years and maybe the Commission needs to look at how special exceptions are handled as opposed to special permits for certain uses, because the public perceives this as "spot zoning" that may not be compatible with neighborhoods and the feelings of the public. Mayor Pillot stated that this concern about special exceptions has been raised by Book 35 Page 9190 03/15/93 6:00 P.M. Book 35 Page 9191 03/15/93 6:00 P.M. Commissioners in the past and the City Attorney's Office is in the process of reviewing this procedure. 16. UNFINISHED BUSINESS: : APPROVAL RE: PRIORITIZATION OF STORMWATER DRAINAGE CAPITAL IMPROVEMENT PROJECTS - ADOPTED THE ADMINISTRATIONIE RECOMMENDATIONES TO (1) APPROVE THE STAGED DESIGN CONSTRUCTION CONCEPT, (2) APPROVE THE CRITERIA FOR PRIORITIZING, (3) APPROVE THE CIP LIST, (4) APPROVE THE REPAIR LIST, AND (5) SPLIT THE AVAILABLE FUNDING WITH $58,000 TO PRELIMINARY ENGINEERING STUDIES FOR CAPITAL IMPROVEMENTS AND $200,000 TO PROJECTS ON THE REPAIR LIST (AGENDA ITEM VII-1) #2 (1805) through #3 (0460) City Manager Sollenberger stated that this item is an Administration report and recommendation to the Commission concerning the prioritization of storm drainage utility funds for capital improvements and for maintenance purposes and will be presented by the City Engineer. Dennis Daughters, City Engineer, and Rick Winters, Engineering Technician, came before the Commission. Mr. Daughters stated that he wanted to make an announcement that in regard to the Hudson Bayou Restoration Program discussed earlier, the Hudson Bayou Basin Master Plan public workshop is scheduled for April 4, from 4:00 to 8:00 p.m. in Room 303A; that this is the first public announcement of this meeting and it will be advertised shortly in the newspaper. Mr. Daughters stated that the Stormwater Drainage Capital Improvement Plans need to be prioritized annually by the City Commission; that information is then provided to the County who submits it to the Stormwater Environmental Utility Advisory Board to review for placement on the County's list for improveménts. Mr. Daughters continued that his presentation will be in three parts - the first will be to approve the concept of how he is suggesting the capital improvements be phased in the future, the second is to approve the criteria that he utilized for prioritizing the capital improvement list, and third to approve the capital improvement list itself. Mr. Daughters stated that the City collects from residents about $1.2 million each year and almost $900,000 currently goes toward operation and maintenance costs, which leaves about $300,000 that can be utilized for capital improvements; that last year there was a deficit of around $50,000 leaving about $258,000 to be earmarked for this coming year; that there are three categories maintenance, major capital improvements, and repair projects; that his recommendation is to spend about $200,000 for Repair Projects. Mr. Daughters stated that the remaining money, approximately $58,000, would be used for the preliminary engineering studies and design of capital improvement projects. Mr. Daughters stated that the criteria for prioritizing Stormwater Capital Improvement Projects (CIP) is as follows: 1. structural flooding 2. evacuation routes 3. public safety 4. environmental benefit 5. historical problem 6. aesthetics Mr. Daughters stated that the CIP priority list is as follows: 1. Noble and Leon Avenues Mr. Daughters stated that it was the area between Dr. Martin Luther King Jr. Way (MLK) and 32nd Street; that his department had received a letter from Jeremiah Clark dated March 4, 1993 which lists about 90 dwellings that have experienced flooding in this area. 2. Arlington and Hawthorne Streets Mr. Daughters stated that this area has the second highest number of structures flooded of which he is aware. 3. Whitaker Bayou Dredging Mr. Daughters stated that this project is ranked high because there is some structural flooding, but also because it covers a very large area and the Army Corps of Engineers (COE) would probably be of assistance in funding this project. City Manager Sollenberger stated that the COE studied Whitaker Bayou and the drainage basin about 10 or 11 years ago and identified several alternatives and made some recommendations which called for joint funding responsibilities with the City and the County to match the funds from the COE; and that at that time neither jurisdiction could reach agreement with the other; however, investigation is ongoing to see if such funding is still available; that there is a meeting with the COE scheduled tomorrow; that this is probably the City's most viable tool for dealing with the issues of Whitaker Bayou that were raised by Commissioner Atkins. 4. West end of Siesta Key Bridge Mr. Daughters stated that this ranked high in priority because it is an evacuation route that floods in this Book 35 Page 9192 03/15/93 6:00 P.M. Book 35 Page 9193 03/15/93 6:00 P.M. area; that he is going to pursue this project through the Florida Department of Transportation (FDOT). . Vice Mayor Patterson stated that from her observations, this flooding would probably strand the entire north end of Siesta Key if a serious storm hit. 5. 47th Street and Mecca Drive Mr. Daughters stated that the solution to this would be most appropriately considered after, or in conjunction with, the Whitaker Bayou Basin Master Plan. 6. East Avenue from Main Street to Ringling Boulevard 7. Clematis Place to Wisteria Place 8. 6th Street @ U.S. 301 Mr. Daughters stated that projects 6, 7, and 8 are categorized in the public safety area and are due to pipes that are failing. 9. Alderman Street canal from U.S. 41 to Osprey Avenue Mr. Daughters stated that this was categorized under aesthetics. Mr. Daughters stated that more projects will probably be added to this list as a result of the Hudson Bayou Basin Master Plan and the Phillippi Creek Basin Master Plan; that some specific projects may also come about as a result of the Whitaker Bayou Basin Master Plan. Commissioner Atkins stated that he is glad to see that Noble Avenue finally got to the top of a list and if it is possible, would like to see it speeded up. Mr. Daughters stated that he was shocked when he received the letter and list of flooded dwellings from Mr. Clark indicating that 90 homes flood on a regular basis. Vice Mayor Patterson stated that with only about $300,000 available each year to deal with drainage problems, it is going to take a long time to deal with the projects; that perhaps the Commission should look at a more massive plan and go to the citizens regarding a bond issue in order to do the major portion of this work. Mayor Pillot asked whether Vice Mayor Patterson would want to either request informally or make a motion that the Administration come back to the Commission when they first can with information about what a bond issue would entail. Vice Mayor Patterson stated that that would be one way to find out how the citizens stand on this issue. Commissioner Atkins stated that he would support any investigation into the likelihood of a bond issue to deal with drainage problems because it is very diverse and covers the entire City and could help a lot of people immediately. Commissioner Merrill stated that he feels the Commission should cancel the parking lot project at the Van Wezel Performing Arts Hall for $1.3 million and use it for drainage problems, because it is not a lack of revenues but stupid spending that prevents the City from correcting these drainage problems. Commissioner Cardamone stated that perhaps the Commission needed to look at some of the issues that are very nice projects but are not relieving the needs of residents who have been suffering from flooding for years. Vice Mayor Patterson stated that she had voted to support the parking lot project at the Van Wezel after wrestling with it and the reason she did was because the decision had been made before she was a member of the Commission to move the tennis courts in that area; that a large portion of the parking lot is in great disrepair and she does not feel the project is a frivolous use of money; that one of the problems is that every Commissioner enters office with projects already in process. Commissioner Cardamone stated that she understands that and is not comfortable thinking in terms of changing votes taken by a previous Commission. Commissioner Atkins stated that that is the way it works; that it is all right for Commissioner Cardamone to think about changing past decisions, because it is constantly evolving; that Commissioner Cardamone should not think she is doing anyone a disservice by voting her conscience. Commissioner Merrill stated that Commissioner Atkins had told Vice Mayor Patterson and him that very thing two years ago when they began their terms of office. Commissioner Merrill stated that he feels there are projects that the Commission could reevaluate and cancel and use the funds for alleviating drainage problems. Mayor Pillot stated that absent any specific action to cancel projects underway, he summarized comments made by several Commissioners to ask the Administration to do the following two things with respect to a bond issue: (1) to give the Commission a review of current status of existing bond issues and (2) to advise the Commission what specific ramifications there would be if the Commission were to ask that a bond issue be put before the public for the purpose of stormwater control. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved to ask the Administration to give the Commission a review of the current status of existing bond issues and advise what specific ramifications there would be if the Book 35 Page 9194 03/15/93 6:00 P.M. Book 35 Page 9195 03/15/93 6:00 P.M. Commission were to ask that a bond issue be put before the public for the purpose of stormwater control. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, yes; Pillot, yes. Mr. Daughters stated that the following are the Repair Type Projects in priority order: 1. Pelican Drive west of Shade Avenue 2. Shade Avenue at Pelican Drive 3. Ringling Boulevard east of Tuttle Avenue 4. Bayshore Circle at Tennessee Lane 5. Robin Drive on Bird Key 6. Beethoven Avenue to Jolson Drive 7. 12th Street and Lockwood Ridge Road intersection 8. 10th Street at Tuttle Avenue Mr. Daughters stated that he is endeavoring to have the County include item 8 in the Tuttle Avenue improvement project. Mr. Daughters stated that he wanted to acknowledge the following individuals who provided him with specific information on drainage problems: Mr. Jeremiah Clark, Mr. & Mrs. Lilly, Mr. Jim Russell, and Mrs. Louise Porter. Ms. Louise H. Porter, 574 South Pelican Drive, came before the Commission and stated that the drainage problem in the area of Shade Avenue and Pelican Drive has existed for a long time, at least 15 years; that most of the people living in the neighborhood are elderly and do not have the courage to discuss it with the Commission and they chose her to speak to the Commission; that the residents do not understand the answer of where the problem is located; that the County has Cleaned out two storm drains and told them the main drain across Shade Avenue is constantly full of water; that she wanted to know where it drains to. Rick Winters, Engineering Technician, stated that there are two problems because there is another drainage problem further down Shade Avenue; that Shade Avenue is not draining fast enough and this causes it to back up into Pelican Drive; that item 2 on the Repair Projects is caused by a collapsed pipe blocking water flow and it needs to be replaced; that in this general area there have been two other pipes identified that have problems on Shade Avenue; that the pipe that runs between two houses from Pelican Drive and acts as a conveyance to the railroad ditch is either undersized or blocked somewhere and that the County should be able to determine this. Mayor Pillot asked whether the problem Ms. Porter described was items 1 and 2 on the list of Repair Projects. Mr. Daughters stated that that was correct. Mayor Pillot asked whether completion of these two Repair Projects would alleviate the problems to which she refers. Mr. Daughters stated that that was correct. Mayor Pillot asked whether Mr. Daughters could predict when these two Repair Projects would be undertaken. Mr. Daughters stated that he could not because at this point he does not know the extent of the problem; that it is an extremely difficult area to get to with a small diameter pipe that extends from Shade Avenue to the Euclid Street canal which is in the back yards of residences and there is no alley to access the area; that there are fences, storage buildings, and trees in the way; therefore, it is intended to TV the line (televising) to determine what the condition of the pipe is; that the funds for these two projects would not be available until next fiscal year's budget (October 1, 1993). Ms. Porter stated that that would mean they would be flooded all summer again; that she feels the residents will have to form an association and hire a lawyer. Mayor Pillot stated that the report presented tonight by Mr. Daughters places her concerns for the neighborhood as the top priority for repair projects to be done at the earliest time when funds are available. Berta Lefkovich, 4805 Rilma Avenue, came before the Commission and stated that with regard to drainage problems on 47th Street, there are, four or five houses on the north side of 47th Street between Old Bradenton Road and Rilma Avenue that flood because the ditch runs behind their property; that when there are heavy rains, 47th Street water flows into Rilma Avenue and if the drain there is covered with debris, the water backs up into the street; that there has been a problem getting the 47th Street ditch cleaned since it is no longer in the City's control; that while it is not as bad as the problem on Leon Avenue, there is a definite drainage problem in this area. City Manager Sollenberger stated that he has a - fivefold recommendation to make as follows: to approve the staged design construction concept, to approve the criteria for prioritizing, to approve the CIP List, to approve the Repair List, and to recommend the funding split of $58,000 to Preliminary Engineering Studies for Capital Improvements and $200,000 allocated toward projects on the Repair List. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to adopt the Administration's recommendations. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Book 35 Page 9196 03/15/93 6:00 P.M. Book 35 Page 9197 03/15/93 6:00 P.M. Commissioner Merrill stated that he was glad they had had this discussion about drainage problems on television rather than at a Workshop because he feels there are a lot of people at home watching the meeting on TV; that he would prefer to have less Workshops. Commissioner Cardamone asked how long it would take the Administration to bring back the information regarding a bond issue. Commissioner Atkins left the Commission Chambers at 9:11 p.m. Mr. Sollenberger stated that he would have to discuss this with Mr. Daughters to determine the amount that would be presented to the electorate and that he would advise the Commission within a couple of weeks as to how long the process will take. Vice Mayor Patterson stated that this is an issue where certain people have clarified that they have a problem; however, she is not certain that all of the drainage problems in the City have been fully identified; that she feels the Administration needs to look further than just the items on the CIP List. Commissioner Atkins returned to the Commission Chambers at 9:16 p.m. 17. UNFINISHED BUSINESS: APPROVAL RE: SHADE AVENUE TRAFFIC ABATEMENT STUDY = TABLED UNTIL REGULAR CITY COMMISSION MEETING OF APRIL 5, 1993 (AGENDA ITEM VII-2) #3 (0461) through (1741) Asim Mohammed, Assistant city Engineer, came before the Commission and stated that he wanted to present the results of the traffic abatement study; that the area that was studied was the part of Shade Avenue that is contiguous to the school property between Hatton and Tami-Sola Streets; that traffic counts and accident studies had been conducted. Mr. Mohammed displayed various overheads regarding the traffic count and accident study and reviewed them with the Commission and distributed photographs of the pedestrian volume in the study area. Mr. Mohammed stated that he had looked at speed humps on Shade Avenue between Tami-Sola and Browning Streets as a possible traffic abatement solution; that the speed humps would reduce the speed of vehicles to 25 mph because driving any faster could damage the vehicle as well as being uncomfortable; that the use of speed humps has been shown to reduce traffic volume up to 40%; that speed humps enhance pedestrian safety and can be designed to be used as a pedestrian cross-over; however, speed humps do impact response time of emergency vehicles. Julius Halas, Chief of the Fire/Rescue Services Bureau, and Gordon Jolly, Chief of the Police Services Bureau, came before the Commission. Chief Halas stated that Fire/Rescue is in favor of traffic abatement particularly in view of pedestrian safety; however, there is concern about the reduction of response times due to speed humps as well as transporting patients that have suffered severe trauma. Chief Halas continued that Shade Avenue is a good route for the Fire/Rescue vehicles to use and he is concerned that if the City goes in the direction of installing speed humps on various streets which are common routes the emergency vehicles use, the Fire/Rescue Services Bureau will be hampered in response times and transporting patients. Commissioner Merrill stated that the neighborhoods in the area under discussion want to get people off Shade Avenue; that the Sarasota County School Board is contemplating cul-de-saccing School Avenue and one of the reasons that would work is because it is a non-essential street; that the neighborhoods can be reached just as easily by emergency vehicles by using School Avenue and cross streets rather than using Shade Avenue; that he feels they would still be able to achieve an excellent response time. Commissioner Atkins stated that he is trying to determine where the traffic is going to go if it is removed from Shade Avenue. Mr. Mohammed stated that the major objective is to make this small section of Shade Avenue safer for pedestrians by reducing vehicular speed. Commissioner Atkins stated that after June 1993, the problem will be addressed by the fact that the school will not be located there. Mr. Mohammed stated that the school plans to have a baseball diamond on each side of Shade Avenue and will continue to have children crossing Shade Avenue. Chief Jolly stated that the Police would not have the same response difficulty that Fire/Rescue would have with regard to speed humps; that selective traffic enforcement (speed humps) to reduce speeds on Shade Avenue can be accomplished; however, if the intent of the speed humps is to reduce traffic volume, selective traffic enforcement will not accomplish that. Commissioner Merrill stated that in response to Commissioner Atkins question about lowering traffic volume, a lot of the traffic on Shade Avenue is cut-through traffic and this is not just a school issue; that as downtown grows, this particular neighborhood from the south City Limits to Wood Street is between a lot of the growth to the south and to the east and all the traffic trying to get downtown tries to funnel through this neighborhood; that Shade Avenue is a nice quaint two-lane road that is pleasant to drive and as long as it remains pleasant to drive, a lot of people will choose it rather than other routes; that Tuttle Avenue is being enhanced with wider lanes and the intent is to carry more volume; that he feels Shade Avenue has to be saved as a residential street Book 35 Page 9198 03/15/93 6:00 P.M. Book 35 Page 9199 03/15/93 6:00 P.M. and since the homes do not have the same setbacks as the homes along Orange Avenue, the traffic along Shade Avenue is probably noisier. Commissioner Merrill continued that the proposed speed humps are just the first step in trying to save Shade Avenue; that the residents of this neighborhood have prepared a plan with more four-way stops and cul-de-sacs; that he would like to see the City take incremental steps to reduce the traffic on Shade Avenue. Vice Mayor Patterson stated that she was in favor of the proposed speed humps on Shade Avenue until she heard this is part of an incremental plan; that that makes her real nervous because looking at north/south streets, she feels there may be a substantially larger volume of traffic on Orange Avenue and McClellan Parkway, which are also residential streets, than on Shade Avenue; that Osprey Avenue has substantial numbers of residential dwellings on it and probably has double the number of cars on it; that if the City starts this incremental program on all these streets, there will be only a few major street to handle the entire volume of traffic, which will not be sufficient for the City. Louise H. Porter, 574 South Pelican Drive, came before the Commission and stated that she lives on the corner of South Pelican Drive and Shade Avenue and her bedroom is about 30 feet from the road; that she feels if another survey was taken about the number of cars on Shade Avenue, it would be more than 10,000 per day; that she thanks the Police for checking for speeding cars as much as they have, even though they cannot be there 24 hours a day; that the traffic situation is getting very bad so she would like to see the speed humps installed as well as more four-way stops on Shade Avenue. Michelle Clayton, 625 South Shade Avenue, came before the Commission and stated that she is very much in favor of the speed humps as proposed for Shade Avenue; that even though there will be some changes with the School Board in the future, there will still be a great need for speed to be controlled in this area as well as the entire length of Shade Avenue. City Manager Sollenberger stated that the recommendation from the Engineering Department is a fine one though he is concerned about the issue raised by Chief Halas; that he suggests that this issue be held over so that the concern of the Fire/Rescue Bureau can be quantified and asked that the Fire/Rescue Bureau outline an alternative route to use for emergencies and provide a comparison of times on the alternate versus what exists now; that he would like this information to be brought back to the Commission at its next meeting. On motion of Commissioner Merrill and second - of Commissioner Cardamone, it was moved to table action on the traffic abatement issue of Shade Avenue until the first Commission meeting of April. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 18. NEW BUSINESS: DISCUSSION RE: REQUEST FOR COMMISSION POLICY THAT CONTRACTS BY CITY FOR PURCHASE OF REAL ESTATE HAVE A CONTINGENCY FOR ENVIRONMENTAL PROBLEMS = ADOPTED (AGENDA ITEM VIII-1) #3 (1742) through (2018) Commissioner Patterson stated that the reason she placed this on the agenda is because she feels that not having an environmental contingency placed in contracts takes a decision away from the Commission; that a contract was put in place to purchase the Central Gardens property that did not have any provision in case some environmental problem had to be mitigated, which committed the City to purchase a property that will cost possibly as much as $266,000 instead of the $66,000 purchase price because of the asbestos problem that was subsequently discovered; that she feels the City should protect itself the same way any private enterprise would, and as a matter of procedure have contingency Clauses in contracts. Commissioner Merrill left the Commission Chambers at 9:50 p.m. City Manager Sollenberger stated that he agreed with Vice Mayor Patterson and thinks that an action by the Commission to direct that appropriate language be incorporated in each of the City's purchase offers be provided for. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved that there automatically be a contingency in the City's purchase contracts and, unless there is a specific directive from the Commission, that the necessary environmental work to check for problems before the expiration date of the contingency be automatically undertaken. Mayor Pillot asked whether this motion would carry with it implicitly that the cost of such environmental studies is also authorized with the requirement to have a contingency clause. Vice Mayor Patterson stated that she would assume sO. Mr. Sollenberger stated that he would take that as being implicit. Commissioner Cardamone asked whether it was meant that the City would pay for the cost of any environmental studies when purchasing property. Vice Mayor Patterson stated that it would be the City's responsibility as the buyer to pay for such environmental studies. Commissioner Cardamone stated that she felt the seller should split such costs for studies with the City. Book 35 Page 9200 03/15/93 6:00 P.M. Book 35 Page 9201 03/15/93 6:00 P.M. Mayor Pillot stated that typically the option is that the buyer has the right at buyer's expense to conduct such studies and if deficiencies are found, the seller then has the option to repair them; that if the seller chooses not to repair them, the buyer has the option to accept or reject. City Attorney Taylor stated that that was correct. Commissioner Merrill returned to the Commission Chambers at 9:55 p.m. Mayor Pillot stated that there was a motion to place a contingency on all contracts for the purchase of real estate by the City to allow the time and opportunity during which the City can check for environmental problems. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 19. BOARD APPOINTMENTS APPOINTED VICE MAYOR PATTERSON TO REPRESENT THE CITY ON THE SARASOTA BAY NATIONAL ESTUARY COMMITTEE (AGENDA ITEM IX) #3 (2023) through (2061) Mayor Pillot stated that it was necessary to appoint a City Commissioner to represent the City on the Sarasota Bay National Estuary Committee; that this seat had been filled by Jack Gurney; that with the consent of the Commission, he asked Vice Mayor Patterson, who has substantial knowledge about the waters, if she would be willing to assume this responsibility. Vice Mayor Patterson stated that she would be delighted to represent the City on this board if it is the wish of the Commission. Mayor Pillot stated that since he heard no objection, Vice Mayor Patterson, with her agreement, is appointed to represent the city on the Sarasota Bay National Estuary Committee. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTE AND ITEMS FOR NEXT AGENDA = AGREED TO LIMIT THIS PORTION OF MEETINGS TO ITEMS NOT ON THE AGENDA WHICH NEED A CONSENSUS OF THE COMMISSION AGAREED TO REVIEW THE LAW ENFORCEMENT TRUST FUND DURING BUDGET PROCEEDINGS (AGENDA ITEM X) #3 (2063) through (2934) COMMISSIONER MERRILL: A. stated that he wanted to congratulate Gene Pillot on becoming Mayor. B. stated that he looks to the Mayor to make sure the Commission meets its 11:00 p.m. time and he feels Mayor Pillot will be able to accomplish this very efficiently; that he would like to ask the Mayor to also look over agendas and if the Mayor feels that the agenda will cause the meeting to go past 11:00 p.m., the Mayor will work with the City Manager to avoid this, because he feels it is difficult to operate as a Commission when a meeting goes until 11:30 p.m. Commissioner Merrill continued that one way to move a meeting along might be for the Commission to approve Minutes by acclamation as well as Changes To the Orders of the Day; that he feels the Mayor does an excellent job of keeping the order of speaking rotating and having the Chair give the summarization of comments. C. stated that he does not feel it is appropriate to bring complaints to the attention of the City Manager during the Remarks of Commissioners portion of the meetings; that he feels this portion of the meeting should be for forming consensuses of Commissioners rather than turning in a specific item to the City Manager. D. stated that he would like to see the Commission have fewer Workshops and feels if the Commission is more efficient at the Regular Meetings on Monday nights this can be accomplished. Mayor Pillot stated that he is delighted to hear Commissioner Merrill recommend that the Commissioners not present items to the City Manager during this portion of the meeting, which should be handled in other ways; that he has been talking about this very issue for the past four years. Mayor Pillot stated that with regard to the control of the Chair, he has no right or desire to impose the will of the Chair on four other Commissioners and colleagues; therefore, he asked that the Commissioners give him direction as they start this year on how they would like the Chair to respond, for example, when the Commission was discussing traffic abatement on Shade Avenue this evening, Commissioner Merrill repeated himself two or three times and yet the Chair did not feel it right to cut him off because Commissioner Merrill has as much right to speak as anyone. Mayor Pillot asked whether the Commissioners wanted the Chair to step in and courteously state that a Commissioner is beginning to reiterate and suggest moving on to the next person. Commissioner Merrill stated that he does not mind the Chair bringing it to his attention that he is repeating himself as long as it is done equally and fairly. Vice Mayor Patterson stated that she has sat through several meetings chaired by Mayor Pillot and she feels he has a good Book 35 Page 9202 03/15/93 6:00 P.M. Book 35 Page 9203 03/15/93 6:00 P.M. instinct and runs a pretty tight meeting; therefore, she is not concerned with the way she anticipates Mayor Pillot handling things. Commissioner Cardamone asked whether the Chair has any control over the lengthy answers they received tonight from the City Manager, who said to her tonight that that was a very long answer to a very short question. Mayor Pillot stated that the Chair has that control. Commissioner Cardamone stated that she was actually teasing. Mayor Pillot stated that probably the way for the Commission to shorten the meetings is to discipline themselves and to realize when they get repetitive or are speaking too much. Mayor Pillot asked Commissioner Atkins if he had any comments on this issue; that Commissioner Atkins is the least violator of speaking too much and being repetitive of the whole Commission. Commissioner Atkins stated that he is expecting the meetings to be handled in an expedient manner; that Commissioner Cardamone brings an unknown factor to the Commission; however, he feels the meetings are going to move along a little quicker with Mayor Pillot in charge; that he feels a lot of things are handled during Workshops that should be known more by the broad base community and if an issue can be presented in 15 to 20 minutes at a Regular Meeting, instead of two hours, he is also in favor of fewer Workshops. It was the consensus of the Commission to limit items mentioned under Remarks of Commissioners to items that need a consensus of the Commission which are not agenda items; that questions for the City Manager will be taken to him in a more effective way; that the Commissioners discipline themselves to work through the City Manager by meeting with him individually on certain items. VICE MAYOR PATTERSON: A. stated that she would like to see the Tree Ordinance brought to the Commission as quickly as possible. B. stated that she would like to see the issue of the Law Enforcement Trust Fund discussed during the budget procedure this year. It was the consensus of the Commission to discuss the Law Enforcement Trust Fund during this year's budget procedure. C. stated that she thought the Commission had voted some time ago to get an estimate on trimming trees in the area of Gulfstream Avenue; that it might be something that the City cannot afford; however, she feels they can afford to at least get an estimate. City Manager Sollenberger stated that he could present a report on this matter in his next Commission Information Memorandum. D. stated that she had read in the City Manager's Commission Information Memorandum dated March 9 that the bougainvillea in the medians of U.S. 41 were not dwarf bougainvillea and will have to be replaced; that she suggests the Administration look into replacing the bougainvillea with some other type of landscaping, if the Commission agrees. City Manager Sollenberger stated that he would check on this. E. asked whether the City has any sort of street tree planting program because some of the trees along McClellan Parkway are sO very old that they. are beginning to deteriorate. Mr. Sollenberger stated that the City does not have a master plan for street tree planting; that the City has been talking about forming an interlocal agreement with the County so the City could utilize the County Forester to work with the City in developing an overall street tree planting program; that he feels the city needs a plan and some prioritization on this, just as the Commission did this evening on stormwater drainage. Commissioner Cardamone stated that she feels a lot of the large trees along the City's streets are suffering from trucks knocking into the branches; that at a recent voters' meeting, she heard from citizens that there are trucks using neighborhood streets clearly marked "No Trucks." Commissioner Cardamone continued that the citizens stated that they have never seen a truck receive a ticket for being on a neighborhood street with a "No Trucks" sign. MAYOR PILLOT: A. stated that he wanted to distribute a copy of an editorial that appeared in the Sarasota Herald-Tribune on March 12, 1993 entitled "Tasks in City of Sarasota" to the Commissioners; that he is going to ask that several of the items mentioned in the article be placed on meeting agendas. 21. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) Book 35 Page 9204 03/15/93 6:00 P.M. Book 35 Page 9205 03/15/93 6:00 P.M. #3 (2935) through (2937) There were no Other Matters from Administrative Officers. 22. ADJOURN (AGENDA ITEM XII) #3 (2938) The Regular Sarasota City Commission Meeting of March 15, 1993 was adjourned at 10:15 p.m. PP : 3 25 EPHA a GENE M. PILLOT, MAYOR EST: C E - Slk: a Rubenson BILY/IRCESINSON, CITY AUDITOR AND CLERK