MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 6, 1995, AT 6:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins, Mollie Cardamone and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Nora Patterson 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. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0020) through (0046) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add to Special Presentations, as the first item to be addressed, Presentation Re: The Silver Addy Award to the City Commission by Bill Little. On motion of Commissioner Atkins and second of Commissioner Pillot, 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; Pillot, yes; Patterson, yes. 2. SPECIAL PRESENTATION RE: THE SILVER ADDY AWARD TO THE CITY COMMISSION #1 (0046) through (0172) Bill Little, Executive Director of the Committee 100, came forward and presented the Commission with The Local Silver Addy Award which was awarded to the Committee of 100 by the 4th District American Advertising Federation for creative excellence in preparing "The City of Sarasota Business with a View" brochure. Mr. Little distributed to the Commission copies of the award-winning brochure and a pocket guide to Sarasota. Mr. Little stated that the City Commission allocated occupational license revenues to the Committee of 100 to develop a downtown office promotion brochure; that the Sarasota/Bradenton venue of the American Advertising Federation awarded the brochure the Silver BOOK 38 Page 11590 03/06/95 6:00 P.M. BOOK 38 Page 11591 03/06/95 6:00 P.M. Addy for Second Best in its Class; that the vacancy rate for business space in the downtown which was at 31 percent in March 1991 is currently at 5 percent; that the Class "A" space vacancy rate is at 2 percent; that the mutual efforts by the City of Sarasota and the Committee of 100 have had a positive effect in the leasing of space in the downtown area; that a demand for additional space is becoming evident. Mr. Little thanked the City of Sarasota for its leadership in authorizing and participating in the downtown promotion. Mayor Patterson stated that the City may have funded but did not create the brochure; that the Commission appreciates that the City was well represented by the Committee of 100. 3. PRESENTATION RE: PROCLAMATION IN HONOR OF THE 150TH ANNIVERSARY OF FLORIDA STATEHOOD 1845 - 1995 #1 (0184) through (0286) Mayor Patterson requested that Lou Ann Palmer, former Mayor and current City of Sarasota representative on the Sarasota County Sesquicentennial Committee, join her before the Commission. Ms. Palmer stated that this is a significant year in Florida's history; that March 3, 1995, was officially the 150th Anniversary of Florida's Statehood; that the Sarasota Board of County Commissioners appointed a Sesquicentennial Committee that is comprised of representatives from all the municipalities in Sarasota County as well as Sarasota County itself; that the Committee has been working hard to have individuals and members of local governments honor and recognize the significance of this year in Florida's history. Mayor Patterson read the City of Sarasota Proclamation in its entirety and proclaimed March 3, 1995, Florida Sesquicentennial, as a day of special importance worthy of recognition of the citizens of the City of Sarasota. 4. ADOPTION RE: MEMORIAL RESOLUTION NO. 95R-806, RECOGNIZING THE PASSING OF TINA GREENWALD OSTERMANN, EMPLOYEE OF THE CITY OF SARASOTA POLICE SERVICES BUREAU OF THE PUBLIC SAFETY DEPARTMENT = ADOPTED #1 (0286) through (0436) Mayor Patterson requested that Jim Greenwald, former County Commissioner, and Michael Ostermann, join her before the Commission. Mayor Patterson stated that the City of Sarasota Memorial Resolution No. 95R-806 recognizes the passing of Tina Greenwald Ostermann, an employee of the City of Sarasota Police Service Bureau of the Public Safety Department whose death is a distinct loss to her co-workers, family, and friends. Mayor Patterson read Memorial Resolution No. 95R-806 in its entirety, expressed the Commission's condolences, and presented the Memorial Resolution plaque to Mr. Greenwald, father of the deceased, and Mr. Ostermann, husband of the deceased. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to adopt Memorial Resolution No. 95R-806. Mayor Patterson requested that city Auditor and Clerk Robinson proceed with the roll- call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. APPROVAL OF MINUTES: APPROVAL RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF FEBRUARY 13, 1995, AND MINUTES OF THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 21, 1995 - APPROVED (AGENDA ITEM I) #1 (0436) through (0448) Mayor Patterson asked if the Commission had any changes to the minutes. Hearing no changes, Mayor Patterson stated that the minutes of the special City Commission meeting of February 13, 1995, and the regular City Commission meeting of February 21, 1995, were approved by unanimous consent. 6. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF FEBRUARY 8, 1995 = AFFIRMED PBLP APPROVAL OF PETITIONS 95-SE-05 AND 95-SE-06; ACCEPTED REPORT (AGENDA ITEM II) #1 (0448) through (0932) Jane Robinson, Director of Planning and Development, came before the Commission and presented the following items from the Planning Board/Local Planning Agency's regular meeting of February 8, 1995: A. Petition No. 95-SE-05 Ms. Robinson stated that this is a request for a Special Exception to permit an office in a historically designated structure located at 2846 South Riverside Drive; that the PBLP found Special Exception 95-SE-05 consistent with the Sarasota City Plan and recommends Commission approval with the following stipulations: 1. The number of employees be limited to five; 2. The office be limited to 1,950 square-feet of floor area on the first floor; and 3. The use be limited to architects, engineers, interior designers, landsçape architects or land planners. BOOK 38 Page 11592 03/06/95 6:00 P.M. BOOK 38 Page 11593 03/06/95 6:00 P.M. Ms. Robinson continued that the Administration recommends affirmation of the PBLP approval. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to affirm the PBLP approval of Special Exception 95-SE-05 with conditions. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. B. Petition No. 95-SE-06 Ms. Robinson stated that this is a request for a Special Exception to permit a 12 resident Adult Care Home (ACH) in a Residential Single Family, Estate (RSF-E) zone district located at 4024 Fruitville Road; that the PBLP found Special Exception 95-SE-06 consistent with the Sarasota City Plan and Tree Protection Ordinance and recommends Commission approval subject to the following stipulations: 1. There be no vehicular access to Bearded Oaks Drive for either ACH; 2. A hedge be planted along the entire length of the Bearded Oaks Drive frontage; 3. There be no garbage pick-up on Bearded Oaks Drive; and 4. There be no on-street parking on Bearded Oaks Drive. Ms. Robinson stated that the Administration recommends affirmation of the PBLP approval. On motion of Commissioner Pillot and Commissioner Atkins second of Commissioner Atkins, it was moved to affirm the PBLP approval of Special Exception 95-SE-06 with conditions as specified. Commissioner Cardamone stated that her concerns related to this issue have previously been expressed; that permitting expansions by special exception is not consistent with the original concept proposed for Adult Congregate Living Facilities (ACLF) within a neighborhood; that she concurs with the affected neighbors that the subject site is becoming an institution; therefore, she will not support the motion. Mayor Patterson called for the vote on the motion. Motion carried (3 to 2): Atkins, yes; Cardamone, no; Merrill, no; Pillot, yes; Patterson, yes. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to accept the report of the PBLP's regular meeting of February 8, 1995. Commissioner Cardamone referred to Item 9, A Request by Ralph Tirabassi on behalf of Intellivest/Central Park Phase II, on page 56 of the February 8, 1995, PBLP minutes; and stated that Mr. Tirabassi appeared before the PBLP to request an extension of the temporary access to Osprey Avenue on which a distinct condition was placed when the site plan was approved; that the neighbors in the subject area had voiced concern regarding traffic back-up on Osprey Avenue; that the final site plan approved included a provision for temporary access to Osprey Avenue and a condition that the temporary access would be closed in conjunction with the issuance of the Certificate of Occupancy (CO) for the first phase of the development; that members of boards change through the years; that newer members may not be aware of the history associated with certain site plans or other items when a request for revision is submitted; that associated conditions and promises should be "red flagged" for easy access; that years pass and the PBLP members who do not have a history of a particular item could approve a request although a neighborhood was originally promised such a request would not be approved; that the request by Mr. Tirabassi is an example of her concern. Ms. Robinson stated that the PBLP and Mr. Tirabassi realize that as a condition of the site plan approval, the access on Osprey Avenue would have to be closed. Commissioner Cardamone stated that the promise was made that the temporary access would be closed in conjunction with issuance of the CO for the first phase of construction; that subsequently, a petitioner appeared before the PBLP, and the promise was relaxed; that approval by the PBLP of the site plan on the subject development as reflected in the November 4, 1992, PBLP minutes was contingent upon the following: 3. the opening of Osprey Avenue shall be physically closed to all traffic except emergency vehicles and coincide with the issuance of the CO of the first completed building. Ms. Robinson stated that a request for revision was submitted and the PBLP voted favorably to amend the original PBLP recommendation. Commissioner Cardamone asked if the PBLP was informed about the neighborhood issues surrounding the final site plan approval of the subject development? Ms. Robinson responded, yes. Commissioner Cardamone stated that the February 8, 1995, PBLP minutes do not reflect any history of the action she cited; that she is worried about the inability to "red flag" conditions associated with approvals for easy data retrieval so future representatives who sit on boards can be aware of the history and reasoning of certain contingencies applied to approvals; that she BOOK 38 Page 11594 03/06/95 6:00 P.M. BOOK 38 Page 11595 03/06/95 6:00 P.M. objects to Staff not including as part of the PBLP record, the history of why the temporary access on Osprey Avenue was originally permitted through the first phase; that the access from the subject property to U.S. 41 was limited; that the neighborhood agreed to the temporary access on Osprey Avenue to provide a feasible route by which the vehicles could access U.S. 41 from the subject property; that a traffic signal and improvements to the Bay Street/U.S. 41 intersection have since been completed which alleviates the initial concerns related to access to U.S. 41. Ms. Robinson stated that the Staff is diligent about recalling the conditions attached to approvals; that the "red flag" process mentioned occurs in the Zoning Department; that the appropriate documentation is reviewed when a building permit is requested or a CO is issued. Commissioner Cardamone stated that PBLP Member Robert Lindsay, who would have been able to recall and inform the PBLP of the specific issues surrounding the final site plan approval, was not present at the February 8, 1995, PBLP meeting; that the PBLP's approval of Mr. Tirabassi's request violates a promise made to the neighborhood; that she suspects the PBLP did not realize the seriousness of the issue to the neighborhoods involved when they approved the request which probably sounded reasonable to them; that the neighborhoods involved in the original compromising and yielding process were not aware that the issue had' been raised again; that in a couple of years, a request to keep both entrances open at the subject property, which may again sound reasonable, could be approved; that meanwhile, those who compromised and cooperated originally become agitated about the process. Mayor Patterson called for the vote on the motion to accept the PBLP report of February 8, 1995. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. 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. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3815, AMENDING THE ZONING CODE TO ADD REGULATIONS THERETO RELATING TO SIDEWALK CAFES; DEFINING TERMS; REQUIRING A PERMIT FOR OPERATION; DENYING PERMITS TO PERSONS WHO HAVE OUTSTANDING FINES, FEES, OR TAXES OWED THE CITY; IMPLEMENTING DESIGN STAN- DARDS FOR SIDEWALK CAFE FURNITURE; ESTABLISHING PERFORMANCE STANDARDS; ALLOWING THE SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES AT A SIDEWALK CAFE IF SERVED WITH A MEAL; ACK- NOWLEDGING THE TEMPORARY NATURE OF A SIDEWALK CAFE: SETTING FORTH A PERMIT REVOCATION PROCEDURE PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0933) through (1201) City Manager Sollenberger stated that the City has promoted sidewalk cafes through the recent design of improvements to Main Street and other areas of the City; that proposed Ordinance No. 94-3815 adds regulations to the Zoning Code relating to sidewalk cafes to protect the public health, safety, and welfare; that the Administration developed an ordinance which was submitted to and heard by the Planning Board/Local Planning Agency (PBLP); that the PBLP made a variety of changes to the ordinance as originally drafted; that at the December 5, 1995, Commission meeting, the Commission was provided with a matrix which compared the Staff's original proposal with the PBLP's modifications, and, in addition contained his Administrative recommendations; that the Commission accepted his recommendations and set the matter for public hearing; that the Commission had requested that the Administration quantify the number of additional parking spaces necessary if there was maximum utilization of sidewalk cafe table spacesi that the Engineering Department has determined that the maximum number of parking spaces required would be 35. Mr. Sollenberger continued that the proposed ordinance does not restrict color choices for tables, chairs or umbrellas; that permitting advertising on the umbrellas was recommended; however, the Zoning Code currently prohibits advertising in the right-of- way, therefore, the Zoning Code would have to be amended to include language to specifically allow advertising on umbrellas; that the Administration should be directed to develop an amendment to the Zoning Code to permit advertising on sidewalk cafe umbrellas if proposed Ordinance No. 94-3815 is adopted as proposed. Mr. Sollenberger further stated that the Administration recommends passing proposed Ordinance No. 94-3815 on first reading. Mayor Patterson opened the public hearing. The following people came before the Commission: Bruce Franklin, representing Cage L/Europe, 149 Cocoanut Avenue (34236), stated that Cafe L'Europe has been involved and worked through the process with the Administration; that the proposed ordinance as drafted is a good resolution and addresses all of the BOOK 38 Page 11596 03/06/95 6:00 P.M. BOOK 38 Page 11597 03/06/95 6:00 P.M. various concerns relating to sidewalk cafes in the St. Armands, Main Street, and Hillview Street areas. There was no one else signed up to speak and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 94-3815 by title only. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to pass proposed Ordinance No. 94-3815 on first reading. Commissioner Cardamone stated that the Commission previously requested that the term "food" be substituted for the term "meal." City Attorney Taylor stated that the definition of the term "meal" was revised to read: Meal shall mean food ordered form a menu. Commissioner Cardamone stated that for clarity, the term "food" should be substituted for the term "meal." Mayor Patterson stated that there was a consensus of the Commission to substitute the term "food" for the term "meal" throughout the language of the proposed ordinance. Mayor Patterson asked if restaurant owners would have the ability to remove landscaping to expand the seating capacity of a sidewalk cafe? Mr. Sollenberger stated that merchants on St. Armands have placed their own landscaping; that removal of landscaping associated with the streetscape project planned by the City, Sarasota Memorial Hospital, and the State in the Hillview Street area and the completed streetscape in the downtown area would not be permitted; however, some flexibility in relocating electrical outlets and semi-fixed furniture would be permitted. Mayor Patterson asked if any control has been built into the ordinance whereby the merchants on St. Armands would be required to ask for City permission to pave over the landscaping placed in the City right-of-way? Mr. Sollenberger stated that there is built-in control; that such requests would be addressed to the Engineering Department. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 94- 3815 on first reading. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 - APPROVED (AGENDA ITEM III-A) #1 (1204) through (1224) 1. Approval Re: Set for Public Hearing proposed Ordinance No. 95-3849, amending the Sarasota City Code by establishing a Nuisance Abatement Board; setting forth findings to justify the creation of said Board; stating the purpose, powers, and jurisdiction of the Board; establishing membership requirements and restrictions; providing for the severability of parts hereof; repealing ordinances in conflict; etc. 2. Approval Re: Authorize the Administration to negotiate and the City Attorney to prepare an Interlocal Agreement between the City and the Sarasota County School Board for construction of the South Loop Urban Reclaimed Water Transmission Main 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract to Woodruff & Sons, Inc., (Bid #95-39), for the Artificial Reef Project 4. Approval Re: Reject bids for the Water Treatment Plant Modifications (Bid 95-18); authorize the Administration to clarify the specifications; and rebid the project On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Items 1 through 4 inclusive. Motion carried unanimously (5 to 0) : Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 95R-804) = ADOPTED; ITEM 2 (ORDINANCE NO. 95-3854) - ADOPTED; ITEM 3 (ORDINANCE NO. 95-3861) - ADOPTED (AGENDA ITEM III-B) #1 (1224) through (1315) City Auditor and Clerk Robinson read proposed Resolution No. 95R-804 and proposed Ordinance Nos. 95-3854 and 95-3861 by title only. 1. Adoption Re: Proposed Resolution No. 95R-804, authorizing the submittal of an application to the Florida Department of Environmental Protection for Beach Management Trust Funds for Fiscal Year 1996/97 for the Lido Key Beach Restoration Project; setting forth findings; etc. (Title Only) 2. Adoption Re: Second reading of proposed Ordinance No. 95-3854, amending the Sarasota City Code, Chapter 1, BOOK 38 Page 11598 03/06/95 6:00 P.M. BOOK 38 Page 11599 03/06/95 6:00 P.M. Article VI, Offenses Against Public Safety, Section 21- 128, skateboarding prohibited, so as to expand boundaries of the area in which skateboarding is prohibited to include an area bounded Orange Avenue to the east, Ringling Boulevard to the south, Gulf Stream/Cocoanut Avenue to the west, and Fruitville Road on the north; making findings; providing for the severability of parts hereof if declared invalid; repealing ordinances in conflict; etc. (Title Only) 3. Adoption Re: Second reading of proposed Ordinance No. 95-3861, pertaining to Emergency Rescue and Transfer Fees, to provide for the consolidation of fees for the treatment with Oxygen with fees for Basic Life Support, Advanced Life Support for Medivac preparation; to es- tablish emergency medical service zones and fees for transportation to or from such zones; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; etc. (Title Only) On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve Consent Agenda No. 2, Items 1 through 3 inclusive. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 10. CITIZENS' INPUT (AGENDA ITEM VI) #1 (1315) through (1740) The following people came before the Commission: Paco Ramirez, representing residents of the Sarasota Mobile Home Park (SMHP), 1160 Cocoanut Avenue (34236), distributed to the Commission and read a prepared speech which expressed the concerns of all the SMHP owner-residents regarding their future residency at the SMHP and requested the following two actions by the City Commission to address the concerns of those owner-residents in July, 1994, that would want to remain at the SMHP after September 1999, and those who would be willing to relocate as soon as their homes could be sold at a fair price and good, affordable homes could be found elsewhere: 1. Provide leases on lots in the SMHP for a reasonable number of years for those residents who would want to remain at SMHP with the number of years to be determined based on discussion between City representatives and the SMHP residents. 2. Allocate funding in next year's budget for the city to purchase homes from residents who would want to sell their homes, as had been done in the past. Mr. Ramirez stated that the City's concern regarding financial limitations is understood; that the SMHP residents want to be cooperative and work with the City; that the SMHP residents realize that sometime in the future, whether before or after September 1999, the number of current owner-residents at SMHP will decrease by natural or voluntary reasons, and the size of the SMHP will become too small for the City to continue operating it; that the SMHP residents are requesting that they be allowed to stay until that happens. Mr. Ramirez thanked Commissioner Pillot for his time, input, and support regarding this matter. Commissioner Pillot stated that he has had discussions with Mr. Ramirez on the subject matter via telephone and in his office at City Hall; that he has been and remains supportive of attempting to accomplish the actions requested by Mr. Ramirez. Ken Smiley, representing Nature Talk, P.O. Box 2025 (34230), stated that Commissioner Atkins, who is not seeking re-election, will be missed. Mr. Smiley presented Commissioner Atkins with a sketch of a black jaguar, a South and Central American native which reminds him of Commissioner Atkins; expressed his views on African and African/American related issues; and thanked Commissioner Atkins for his ten years of service. Paul Thorpe, representing the Downtown Association. 47 South Palm Avenue, distributed copies to the Commission and stated that "The City" brochure prepared by the Sarasota Business Coalition won the Gold Addy Award in Sarasota which makes the brochure eligible to compete for the regional award and, possibly, the State award. 11. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION 95R-797, APPROVING THE THREE PARTY EXCHANGE AGREEMENT BETWEEN SARASOTA COUNTY, FLORIDA, RISCORP GROUP HOLDING COMPANY, LTD.. A FLORIDA LIMITED PARTNERSHIP. AND THE CITY OF SARASOTA, FLORIDA; AUTHORIZING THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AND ATTEST SAID THREE PARTY EXCHANGE AGREEMENT; AND AUTHORIZING THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AND ATTEST ANY NOTICE OR CLOSING DOCUMENTS REQUIRED OF THE CITY AS A RESULT OF THE THREE PARTY EXCHANGE AGREEMENT: ETC. (TITLE ONLY) - ADOPTED; APPROVED FINANCING PLAN (AGENDA ITEM VII-1) #1 (1749) through #2 (2976) City Manager Sollenberger stated that the City Commission approved in concept at its meeting February 13, 1995, the proposed three- party exchange agreement concerning assemblage of property for the proposed library site across from Selby Five Points Park and BOOK 38 Page 11600 03/06/95 6:00 P.M. BOOK 38 Page 11601 03/06/95 6:00 P.M. acquisition of the Mission Harbor site for economic development purposes; that the agreement has been finalized at the Staff level between the City and the County; that RISCORP has signed the agreement; that the three-party exchange agreement has been refined as follows since conceptual approval was received by the City Commission: The agreement obligates the City to convey to the County property appraised at $827,000, to receive from the County property appraised at $3,127,000, and to pay the County the difference. The City's cash payment obligation is capped at $2.3 million, plus closing costs estimated to be $17,389.50. The County will deal directly with the property owners to acquire the restaurant properties. The County is responsible to pay tenant relocation costs. The County may cancel the agreement if it finds relocation costs are unacceptable or if negotiations on the acquisition of the restaurant properties are not acceptable. Mr. Sollenberger continued that the Finance Director together with the City's financial advisor, John Haylett, has developed a financing package which contemplates issuance of capital appreciation bonds, with an early call feature, payable on maturity at five years; that the total accrued interest would be $809,000 if the bonds were issued in May 1995. Mr. Sollenberger cited the following from page 8 of the three-party exchange agreement: Section 6. payment to RISCORP of Purchase Price. At closing City shall deliver a promissory note to County in the principal amount of $2.3 million which represents the difference between the values of Parcels A and B. The promissory note shall be paid off within 90 days. Mr. Sollenberger stated that Section 1.1 of the agreement has a provision that in the event the County enters into a voluntary sales agreement regarding parcels D and E (restaurant properties), the County has the ability to terminate the three-party agreement if the owners and tenants of parcels D and E breach their agreement and fail to close on or before November 16, 1995; that the cost associated with issuing bonds on May 1, 1995, would amount to $96,400; that the City would suffer a loss if the capital appreciation bonds were issued and a breach of agreement occurred; that the County has agreed to give the City 90 days after closing on November 16, 1995, to issue the bonds to acquire the $2.3 million for the land purchase; that, in the event that the County determines to pursue eminent domain to obtain the parcels D and E, the potential for a breach of agreement would be eliminated, and the City could proceed with the issuance of the bonds on May 1, 1995 and obtain an interest rate with a 5.9% yield. Mr. Sollenberger continued that the Administration's recommendation is as follows: 1. Adopt Resolution No. 95R-797 approving the three-party exchange agreement and authorizing its execution. 2. Approve the financing plan prepared by the Finance Director and authorize the Administration to proceed with its implementation. City Attorney Taylor stated that the language of Resolution No. 95R-797 was drafted with the assumption that action on it would be taken by the Commission in February; that the language "6th day of February 1995" will be changed to reflect "6th day of March 1995" and the following language will be added: with reference to the contract which is attached hereto marked as Exhibit "A." Mayor Patterson stated that hopefully, the City would be successful in its plan to market the Mission Harbor property in a fashion advantageous to the City; and asked if there is a penalty for an early call or early repayment on the bond issue? Gibson Mitchell, Director of Finance, came before the Commission and stated that bond issue is structured; that there would be no penalty for an early call. The following people came before the Commission: Dorothy Hawkins, 609 South Owl Drive (34236), stated that the three-party agreement is not in the best interest of the taxpayersi that the funding allocated by the County is sufficient for only one main resource library which belongs in the City on the Mission Harbor site; that locating a fancy condominium, commercial mall, or a factory on the beautiful, 11-acre Mission Harbor site would not be appropriate; that the city Commission should help the citizens get the Mission Harbor site back as the location for the library; that the properties which will be purchased as part of the three- party agreement currently contribute to the tax roll; that she is puzzled by the County Commission's decision to site the main library on Clark Road near Interstate 75 on property earmarked for other uses in 20 years; that the library issue which is a citizen issue has become a business issue. BOOK 38 Page 11602 03/06/95 6:00 P.M. BOOK 38 Page 11603 03/06/95 6:00 P.M. Elizabeth McCall, 964 Alameda Lane (34234), stated that her comments regarding the library issue have been expressed at previous meetings; that a new library is necessary, but the question is where to place it; that the City should not go into debt to purchase another location for the library when a beautiful, high location that will provide plenty of room for parking and expansion has already been purchased; that a building that will accommodate all of the library departments in their fullest capacity is necessary; that the present plan has the departments fragmented; that a larger property than the Five Points location is needed; that the library should be sited on the Mission Harbor site. Betsy Kelley, 9307 North Tamiami Trail, stated that she has spoken at previous meetings in support of the Selby Five Points location as the site for the library; that constructing a square building many stories high with an elevator shaft could adequately house the necessary departments of a new, main library; that the most use is obtained by a square building; that the outer portions of the building could be a fancier decor; that the taxes generated by the three properties currently located at the Selby Five Points location which will be replaced by the library are a fraction of the taxes that economic development on Mission Harbor would generate for the City's tax base; that the location of the new library at Selby Five Points will enhance the downtown and assist in the redevelopment of Central Avenue; that she supports the three-party exchange agreement. Michael Franz, 2713 Wisteria Place (34239), stated that the Commission should not adopt the three-party agreement; that the downtown site is not a logical destination for a library; that shoppers in the downtown will. not frequent the library; that downtown has little or no residential population; that the Mission Harbor property would be a better site for the library; however, the former Doctor's Hospital property on the widened intersection of Bahia Vista Street and the soon to be widened Tuttle Avenue which is conducive to a residential environment would be the best location for the library; that the residential people use libraries, not businesses in a downtown; that locating the main library on the Doctor's Hospital property would permit the current Selby and Gulf Gate libraries to remain as centralized branches throughout the County. Mr. Franz continued that the three-party agreement appears to be a convoluted deal; that the total cost will be greater than the amount proposed. Bill Fitzgerald, representing the Friends of the Selby Library, 3120 Bird Key Drive (34236), stated that the Friends of the Selby Library are primarily concerned with building an adequate, main library in the City of Sarasota and do not support the three-party agreement; that the City is taking the position that it was a County decision to move the main library out to Clark Road and Interstate 75, but the City did have a lot to do with that decision; that the Five Points site originally considered in the County's 1991 study was a 7.6-acre site; that after the City Commission requested that the County consider a site other than the Mission Harbor site, the County decided to site the library on 123,000 square feet or a 2.9-acre Five Points site; that an adequate, main library cannot be built on 123,000 square feet. Mr. Fitzgerald continued that an immediate sale of the Mission Harbor site at $3.2 million will be necessary for the City to break even; that the financing for issuance of the bonds will cost close to $100,000 which is not included in the accrued interest amount; that $4 million will be necessary for the City to break even if the site is not sold for five years; that $5.1 million dollars will be necessary for the City to break even if the capital appreciation bonds are rolled over after five years. Mr. Fitzgerald further stated that City taxpayers are also County taxpayers; that the $0.5 million the County will pay for the relocation costs will be billed to City taxpayers in some fashion; that in addition to the inadequate square footage on the Five Points site, the parking will be limited; that the agreement provides for the County to construct a parking structure over the small parking across the street from the proposed library site; that a shared parking arrangement will be negotiated, but the parking structure will cut down on the accessibility to the library. Mr. Fitzgerald added that the Friends of the Selby Library have continually been told that the proposed three-party agreement will not significantly delay construction of the new library; that the closing is anticipated for November 16, 1995; that the City will have 90 additional days to finance the $2.3 million which will delay the final library financing until February 1996; therefore, the construction on the library will not commence until the middle of 1996, which is a significant delay. Tom Samara, Jr. 888 Boulevard of the Arts #206 (34236), stated that the Commission's vision is short-sighted as to what the needs of the City will be 25, 50, or 100 years in the future; that the complicated real estate transaction, as proposed, will cost the City taxpayers more money than needs to be spent; that the money appropriated to provide the facilities needed should be used to build an adequate, main library on the County-owned Mission Harbor site; that the three-party agreement is convoluted; that the city should not give up tax base on properties at Five Points that will appreciate commercially over the same period of time in the future; that he requests that the Commission vote against the three-party agreement before the County gets further involved. Ellen Maloff, representing ReLEAF of Sarasota, 2620 Grafton Street (34231), stated that the property known as Mission Harbor was purchased as a library site with citizens' tax money; that much preparation, thought, and consideration went into the purchase of the Mission Harbor property as the library site for a citizens' BOOK 38 Page 11604 03/06/95 6:00 P.M. BOOK 38 Page 11605 03/06/95 6:00 P.M. facility; that a promise was made by the elected officials that needs to be kept in order to maintain public trust; that a main library is needed in the City and should be built where it was promised; that supporting the three-party agreement would be a violation of the trust of the citizens of Sarasota; that a promise would be broken, and not forgotten. Clarence Brien, 419 West Cornelius Circle (34232), stated that the properties formerly located on the Mission Harbor site and numerous other tax generating properties in the City have been lost to the "wrecking ball" over the past fifteen years; that three additional tax generating properties will be lost if the three-party agreement to build a library with limited parking is approved; that the building which currently houses the Hands On Museum will be demolished; that the original decision to build the central library on the Mission Harbor site and relocate the Hands On Museum into the Selby library building should be upheld; that the children of Sarasota should be provided with a museum as a place at which they can learn; that the Hands On Museum should not be dislocated; that the Commission should not go forward with the three-party agreement. John Van Heusden, representing Friends of Selby Library, 114 Woodland Place, Osprey (34229), stated that the Mayor asked the question as to whether there would be a penalty associated with an early call; that the answer received from the Administration was that there would be no penalty; that the penalty is built into financing; that the City will pay a higher interest rate in order to obtain the extraordinary call provision; that the difference in the figures provided by the Friends of Selby Library on the actual cost of the bonds is approximately $14,000 higher than that provided by the City Administration; that the Administration used a 5.9 percent interest rate rather than the 5.95 percent interest rate used in the Friends of Selby Library calculation; that the dollar is plunging and every bond expert he has spoken with anticipates interest rates to rise; that an accurate interest rate for November 1995 is impossible to foresee. Ernest Babb, 1886 Bahia Vista Street (34239), stated that he finds it strange the City and County Commissions would pursue a path which diminishes one of the primary, cultural amenities of the community; that agreeing to a central library not in the County seat and not of sufficient capacity to meet the community needs, deprives Sarasota citizens, particularly students, of this important, cultural resource; that a library is a much more important asset to the community than a commercial entity sited at Mission Harbor; that the redevelopment of the area known as Downtown North would be better served by emphasis on reasonable expectations and planning that is in congruence with a residential City whose population is 50,000 and has little opportunity of increasing; that Sarasota citizens' shopping needs are more than adequately met by the shopping centers currently available; that the area has been reviewed by a capable developer in Florida who decided it was not economically feasible to pursue; that the Mission Harbor site is an economically and geographically suitable location for the Central Public Library; however, any other site which will accommodate an adequately sized library would be acceptable; that agreeing to split the library into two parts will create a non-functional library system whose main facility is not located in the City and whose inadequate branches will not be responsible to the needs of the community. Mr. Babb continued that at the February 13, 1995, City Commission meeting, Mr. Sollenberger stated that the County would be responsible for arranging the relocation of the utilities under Second Street and the alley which will be vacated; however, no estimate of those costs has ever been disclosed. Mr. Babb further stated that he questions how the County can exercise eminent domain within the city's municipality when there is no ordinance that allows such activity. Barbara Cherry, representing the North TrailAssociation (NTA),3907 Bay Shore Road, stated that she was disturbed by the Sarasota Herald Tribune's report of the last Commission meeting that gave the impression that the Commission's action to support the three- party agreement in concept was in conflict with the citizens' desires; that many citizens and business owners on North Tamiami Trail, many of whom are citizens and employ citizens, support economic development in Sarasota; that the cultural amenities in the community are beginning to struggle because the City lacks economic development; that the Mission Harbor property is an important site to the north side of City in terms of economic development; that the many parties involved with the library issue have stated that the Mission Harbor site is too big for the library alone; that the North Trail Association supports the three-party agreement which will leave the Mission Harbor site available for economic development that is desperately needed on the north side of the City. Dan Lobeck, representing Growth-restraint Environmental Organization (GEO) and himself, 950 South Shade Avenue (34237), stated that he has seen things in writing that suggest the Commissioner's have already made up their minds on tonight's decision; that the Commission's decision should be based on facts, good reasons, and the law; that the proposed resolution would violate the law; that Section 18 (l) in the Charter of the City of Sarasota requires that the Commission follow the Comprehensive Plan in all its decisions; that the following two items included in the Sarasota City Plan are directly in conflict with the proposed resolution and three-party agreement: 1. Mission Harbor will be used only for residential uses and is not eligible for rezoning. BOOK 38 Page 11606 03/06/95 6:00 P.M. BOOK 38 Page 11607 03/06/95 6:00 P.M. Mr. Lobeck stated that the Sarasota City Plan may be amended in the future; however, amendments have to be made before the Commission takes actions inconsistent with the current comprehensive plan. 2. Concurrency Mr. Lobeck stated that the current comprehensive plan sets certain minimum Levels of Service (LOS) for roads; that the appraisal for the Mission Harbor property specifically states that no concurrency problems and a LOS "B" between 10th and 3rd Streets are assumed while acknowledging the LOS "F" south of Fruitville Road; that the appraisal specifically states that the City provided no information upon which to analyze the concurrency impact on Cocoanut, Central, Lemon and Orange Avenues and Fruitville Road which are a LOS "D"; that the City has not complied with the Sarasota City Plan until concurrency impacts are analyzed. Mr. Lobeck continued that in making the decision to support the three-party agreement, the Commission will not only be violating the law, but will have to amend the comprehensive plan to exempt concurrency on the mentioned streets which will potentially create a traffic, gridlock nightmare on U.S. 41 and surrounding neighborhood streets. Mr. Lobeck distributed to the Commission copies of Section 166.045 Florida Statutes, and stated that the section requires that the Commission have two appraisals for the Mission Harbor property; that only one of the appraisal is valid; that the second appraisal is obsolete, and contains assumptions with regard to the use of the property which are no longer consistent with the proposed agreement; that the City has withheld records from public inspection relevant to this issue, i.e., a file in the City Manager's office; that lacking two appraisals on Mission Harbor, the Commission would violate State law in proceeding with the three-party agreement. Mr. Lobeck stated that on June 6, 1994, many business persons came before the Commission in opposition to the proposed scale of the commercial development at Mission Harbor. Mr. Lobeck distributed to the Commission copies of text from the Sarasota Chamber of Commerce; and stated that the confidential memorandum states that the Central library should be located within the City; and that if Mission Harbor is developed commercially, other than generating construction jobs, the project will have a low impact on the economy. Mr. Lobeck stated that the idea of locating the library on the Five Points site is not reasonable; that absent some private commitments that may have been made by Commissioners, it is unimaginable that the three-party agreement would be approved; that the proposed Five Points library site has insufficient parking; that the cost is out- of-scale; that two viable businesses will be destroyed; that there is no room for expansion; that the proposition is untenable; that few people support the agreement; that the Commission has heard, seen, and sensed that the citizens of Sarasota are opposed to the three-party agreement; that a commitment to a particular business interest for personal gain is no reason for a Commissioner to vote for the proposal; that the citizens have brought forth all the reasons for the Commission to vote "no". Alexander Zavelle, 404 East Royal Flamingo Drive (34237), stated that he resides in the City of Sarasota, is a member of the Bird Key Improvement Association, has been a bookseller all his life, is currently a consultant for two of the major retail, national book- selling chains, and has a son who is the Senior Vice President of the New York Public Library; that the Commission should not go forth with the three-party agreement; that it is a bad deal for the City of Sarasota, County of Sarasota, and the City itself; that discussion has surrounded the location of the library rather than what a library is and where it should be; that he served on the Friends of the Selby Library when the Five Points site was originally considered and a determination was made that the Mission Harbor site was a far better choice; that the Clark Road/Interstate 75 library site which is an industrial slum is no place for a library. Mr. Zavelle continued that the County is currently under funding the library collection; that the under funding will be even greater if the proposal for two libraries is pursued; that funding at the Federal and State levels will be decreased; that Sarasota will end up with two library shells and no contents; that the contents are an essential part of a library; that libraries are a cultural and economic asset; that a good library will bring business to the Sarasota area. Mr. Zavelle further stated that only one County in the United States does not have its main library in its major urban center; that approving the three-party agreement will result in no good library being located in Sarasota, and the library in the city of Sarasota being located on a totally inadequate site; that one, good library should be constructed in the city of Sarasota; that building a second library should be deferred until such time as funds area available to provide an adequate facility. Paul Thorpe, representing the Downtown Association, 47 South Palm Avenue, stated that the five locations recommended to the County Commission in 1992 for a library/courthouse complex were as follows: 1. Maas Brothers/Main Street Plaza 2. The Ringling Boulevard area 3. Payne Park 4. Lemon Avenue 5. Five Points BOOK 38 Page 11608 03/06/95 6:00 P.M. BOOK 38 Page 11609 03/06/95 6:00 P.M. Mr. Thorpe continued that the Mission Harbor site was not considered at that time; that Mr. Gary Hoyt, architect hired by the County, made a presentation which showed a 100,000 square-foot library on each of the five recommended locations; that the three- party agreement mentions a private entity building an 18-story building as part of a plaza in the Five Points area; that building a multiple-story building on the Five Points site to accommodate the needs of a main library seems feasible; that many of the citizens and business people along North Tamiami Trail and surrounding communities, including the Asolo Center for the Performing Arts, the University of South Florida, New College, The Ringling School of Art, and Gateway 2000, have come before the Commission and encouraged support for the three-party agreement that provides the opportunity for economic development on the Mission Harbor property; that the City should have no problem recouping the $2.3 million expenditure on the Mission Harbor site; that economic development on the Mission Harbor site will generate additional tax revenue; that the City recently expended over $1 million on a piece of property for a park that will not generate any tax revenue; that the Mission Harbor property was envisioned for economic development in the City's 50 Year Vision Plan. Mr. Thorpe further stated that no drawing or renderings of the proposed libraries at either of the two, proposed locations have been viewed; that the City Commission has approved plans for redevelopment of Central Avenue; that the library sited at Five Points will make a statement for the entire City; that a previous speaker mentioned that his son works at the New York Public Library which happens to be located on 42nd Street in the middle of downtown New York City; that the Five Points location is located two or three blocks away from residential population; that most of the community felt that the Maas Brothers/Main Plaza location would be an excellent choice for the County complex, but the Friends of the Selby Library found many reasons why that site was not suitable; that the reasons included: an unsafe neighborhood, limited transportation access, objection to a parking garage; that the Friends of the Selby Library have been contradictory, in supporting the Mission Harbor site, an area documented as a high- crime area; that many mistakes have been made; that the entire Maas Brothers/Main Plaza site could have probably been purchased for less than $5 million and had on it a great complex for the entire community to enjoy; that the Friends of the Selby Library who helped keep that from occurring should not be condemning the City Commission for the decisions made regarding the Mission Harbor site; that the Downtown Association supports the three-party agreement. Bari Fletcher, 516 El Vernona Avenue (34236), presented to the Commission approximately 140 signatures on a Petition which stated: Against Library at 5-Points. Ms. Fletcher stated that she does not support the three-party agreement; that limited time was spent collecting the signatures; that the people she approached were totally against locating the library at the Five Points location; that people were following her to sign the petition; that she intends to submit additional signatures. John Doggett, 810 Central Avenue (34236), read a prepared speech on behalf of DeLairis Growdon which stated that 52.4 percent or $22,000,542 of the property in the Rosemary District is tax exempt; that 41 percent of the residents live below the poverty level and 69 percent of their income is derived from social security or public assistance; that 50 percent of the population did not graduate from high school; that the Mission Harbor site must be made available for economic development that can produce tax revenue for the City and provide jobs for the area; that the City has invested $1.9 million into the redevelopment of the Rosemary District and private buyers are coming forward; that rejecting the three-party exchange agreement will slow if not stop the potential growth; that a library at Five Points will benefit many people; that the people who do not need economic development, job training, and a raise in their standard of living are the ones who would take it away from those that do; that compromise is not always easy, but is often the way to obtain needs and wants; that a big library on the Mission Harbor property is a want; that a tax base, private enterprise, and jobs are needs; that the three-party agreement should be approved. Mr. Doggett stated that he concurs with the statements read; that the figures used were taken from information compiled by the city Administration in February 1994 when the Small Area Plan now titled the Rosemary District was developed. Stanley Wolf, 445 McKinley Drive (34236), stated that his views have been expressed by other speakers; that he recently attended a meeting of the Friends of Selby Library whose main interest and concern is the City of Sarasota, its growth, development, the children, people of all ages, businesses and existing corporations; that a beautiful, computerized libraries attracts new business; that new corporations all around the county utilize computerized information available at a modern library facility; that Sarasota should have such a library; that the discussion at the Friends of Selby Library meeting was about libraries; that the discussion tonight has been about finances. Mr. Wolf continued that the Five Points area has the potential of becoming one of the highest tax bases in the City of Sarasota; that the tax base on the seven properties which the City will lose in conjunction with the three- party agreement will substantially increase within five years; that similar tax revenue will not be generated by development on the Mission Harbor site which is where the library belongs. BOOK 38 Page 11610 03/06/95 6:00 P.M. BOOK 38 Page 11611 03/06/95 6:00 P.M. Julia Googins, 174 Whittier Drive (34236), stated that the Selby library should be retained as a branch library; that the City Commission should reject the three-party agreement and encourage the County to construct two libraries where they are needed. Ms. Googins displayed a road map of Sarasota and identified City and County locations of various libraries supported by tax dollars which included public schools, colleges, the legal library at the County Administration building, the medical library at Sarasota Memorial Hospital, and the two public-lending libraries. Ms. Googins stated that access to public-lending libraries are needed toward the eastern corners of the County; that Pedestrian/Dicycle routes are being developed Countywide; that siting the library on Fruitville Road would address a large radius of residential population; that the recently vaçated Home Depot location at Bee Ridge and Cattleman Roads would be an appropriate location for a public-lending library; that the library location should be reviewed in a greater scope for the benefit of the taxpayers. Mary Quillin, 407 Cocoanut Avenue (34236), stated that the City of Sarasota is the County seat and the keeper of the records; that in 1992, after years of study, District #1, was awarded a $12 million project on the Mission Harbor site called the Central Library; that the studies indicated that a 106,000 square-foot building was necessary for the proposed library to meet the current and future technology needs of Sarasota County; that the time line schedule included completion of the paperwork for the purchase of the Mission Harbor property from the Resolution Trust Company (RTC) and rezoning of Mission Harbor propertyi that the zoning changes made by the City Commission to accommodate the Mission Harbor developer, that accumulated but never paid taxes, needed to be revised; that the purchase price from the RTC was $2.052 million; however, the taxpayers had to pay the back taxes which amount to approximately $0.5 million; that the time line included a completion date of November 1995 for construction; that occupancy of the new Central Library on the Mission Harbor site would have been in January 1996. Ms. Quillin continued that the three-party agreement has been written for the benefit of one party which is RISCORP; that through the three-party agreement, RISCORP will be reimbursed for their expenses in acquiring land; that Five Points Properties, Inc., purchased the former Southeast Bank property from the Federal government for $2.5 million; that the RISCORP parking lot was acquired through an intercorporate transfer to William D. Griffin, who is also the President of Five Points Properties, Inc.; that the RISCORP parking lot is being sold to the County for $1.2 million; that the Pineapple Avenue property owned by 100 North Pineapple, Inc., not RISCORP, assessed for $322,893 with the Sarasota County Property Appraiser will be purchased at a higher amount; that the Goodyear property is owned by First Properties, Inc., whose President is William D. Griffin; that the city purchased the Second Street parking lot on August 1, 1990, for $925,000 and paid $65,000 to buy out a parking lease; that the total cost to the City taxpayers was $990,000; that the parking lot is appraised at $842,814 by the Sarasota County Property Appraiser, but the parking lot was appraised at $827,000 for the three-party agreement; that the citizens of Sarasota are being "double-dipped" again; that the City of Sarasota should negotiate a fair contract in the three- party agreement to recoup the funds the citizens have invested in the business district to allow parking downtown; that the citizens deserve fair and equitable treatment; that the three-party agreement was written for RISCORP, not for the benefit of the citizens of the City of Sarasota or Sarasota County; that the City Commission should not approve the three-party agreement. Larry Button, 801 Boulevard of Presidents (34236), stated that many proposals for the library have been heard, but the three-party agreement, full of financial risks for the City, is the worst; that he agrees with Ms. Quillin that the agreement will benefit only RISCORP. John J. Stewart, 771 Ringling Boulevard F-2 (34236), stated that he sees no justification for two libraries in a city such as Sarasota which has an excellent street and transportation system that can provide access to a library at any location; that the disadvantages of locating the library in the congested Five Points location have been presented by previous speakers; that a new library will not develop an area; that the central libraries located in Boston, Massachusetts; Cleveland, Ohio; Pittsburgh, Pennsylvania; and Chicago, Illinois were the pride of the community when they were built, but did not stop the urban decay of the surrounding communities; that library attendees are not big spenders; that the library should not be viewed as an instrument for development; that a library should not be sited in the Five Points area. Mr. Stewart continued that more consideration should have been given to the breathtaking Selby library site; that renovating the existing building may not be feasible to accommodate the technological services that a modern library must provide; however, demolishing the existing building and reconstructing a library on the existing site may be less costly than the demolition and land acquisition costs included in the three-party agreement; that the Commission should deny the three-party agreement. Foster Harmon, 1255 North Gulf Stream Avenue #1102 (34236), stated that much piecemeal development with no thought for the future has been witnessed since he moved to Sarasota in 1950; that he has studied the area north of First Street to 12th Street from U.S. 41 east three or four blocks and developed a plan which if pursued would be of great benefit for Sarasota; that the plan involves BOOK 38 Page 11612 03/06/95 6:00 P.M. BOOK 38 Page 11613 03/06/95 6:00 P.M. placing the main library north of Five Points park between First and Second Streets; that a large, multi-story, parking garage would be located between Second and Third Streets; that the Mission Harbor property would be utilized as a major convention/hotel site. Mr. Harmon continued that the Five Points location is located next to the center of the Sarasota County Area Transit system which would provide vehicle-free access to the library; that several thousand people are within walking distance of the Five Points location; that library patrons could easily walk to obtain food and drinks during a break or at lunch time; that any size library could be placed on the ideal site at Five Points. Mr. Harmon further stated that the Mission Harbor site should be reserved for a major convention/hotel to accommodate the surrounding businesses and amenities in the City's center; that ARVO, which brought millions of dollars to Sarasota, no longer holds its annual convention here because of the limited hotel space; that providing a convention/hotel center on the Mission Harbor site would allow the City of Sarasota to host conventions and promote a number of major visual and performing arts festivals which would attract people to come to Sarasota, spend millions of dollars, and go home; that the local economy would profit and jobs would be available for citizens. Mr. Harmon added that the plan to which he referred can be discussed in detail with any of the Commissioners who are interested; that the City should commit to such a plan for the benefit of the future of Sarasota. Philip Dasher, 926 Boulevard of the Arts, stated that he is the President of the Marina Suites Association and also represents the entire 888 Complex; that the vast majority of the residents are in favor of the Mission Harbor site as the location of the library; that the specific type of economic, industrial, or shopping center development envisioned for the Mission Harbor site has not been disclosed; that he was appalled by the Commission's decision last year to support a shopping center development when there was a lack of information on the infrastructure, density, etc.; that the residents he represents have voiced their concerns previously regarding the traffic situation and the difficulty they have accessing U.S. 41. Mr. Dasher continued that the enhancement of private property, mainly RISCORP, by the use of public funds, is unconscionable and is what the three-party agreement does. Peter Genersich, representing the North Trail Association, 4644 North Tamiami Trail (34234), stated that the previous Commission votes which allowed this issue to come this far have been appreciated; that the "North Trail" has been forgotten over the past 10 to 15 years; that the Mission Harbor site should be made available for commercial development to help rejuvenate the northwest section of Sarasota where John Ringling first settled and the growth of Sarasota began; that commercial development on the Mission Harbor site would also assist the declining tax base in the City of Sarasota and Sarasota County; that placing the library at the Five Points location would enhance the development of the downtown. Mr. Genersich requested that the Commission vote accordingly to allow the Mission Harbor site to be available for commercial development in the future. Milton Yoder, 3737 Bahia Vista Street (34232), that the City Commission encouraged the County to consider locating a library in the eastern portion of Sarasota County; that he supports the idea of two libraries as encouraged by the City Commission. Mr. Yoder distributed to the Commission a site data map of parcels in the vicinity of Richardson Road to indicate the parcel of his choice for the library location in the eastern portion of the County. Commissioner Cardamone stated that the Commission did not encourage or even take a stand on the development of a library in the eastern portion of the County. Commissioner Atkins stated that the City Commission supported maintaining the main library within the City limits; that the County's decision to build two libraries which would make the library in the downtown area smaller, is actually something to which the City Commission is opposed to. City Auditor and Clerk Robinson read proposed Resolution No. 95R- 797 by title only. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to: 1) adopt Resolution No. 95R-797 approving the three-party exchange agreement and authorizing its execution, and 2) approve the financing plan and authorize the Administration to proceed with its implementation. Commissioner Pillot stated that the speakers, with one exception, spoke appropriately, effectively, and certainly with proper support on which to base their statements; that he takes exception to Mr. Lobeck's insulting innuendo that some Commissioner's may be keeping a commitment to business interests; therefore, he disregards Mr. Lobeck's input; that although the preponderance in numbers tonight are against the three-party agreement, all the data and discussion heard throughout the issue has persuaded him to proceed in support of the three-party agreement. Commissioner Atkins stated that some members in the audience tonight thought the Commission was taking an enormous risk when the Tax Increment Financing (TIF) District was implemented to reinvest BOOK 38 Page 11614 03/06/95 6:00 P.M. BOOK 38 Page 11615 03/06/95 6:00 P.M. into the downtown area and create opportunities for economic development and growth; that no one was guaranteed that the plan would work, but the City now has a downtown core Main Street that is working so well that virtually no available lease space remains; that the area north of Main Street now needs to be developed in an admirable way to encourage more investment to differ taxes the citizens would have to bear if further economic development does not occur; that he always thought the Mission Harbor property should have been purchased by the City rather than the County; that the City took a risk with the original Mission Harbor development and lost; that the Commission acted in a responsible manner for the citizens of Sarasota by rezoning the property, etc.; that the problems experienced by the developer with the financing that did not materialize for the proposal was through no fault of the Commission's efforts; that his district has waited its turn for redevelopment; that he has always believed economic development on the Mission Harbor site was the best, possible direction to move business and economic growth in the City of Sarasota; that his position remains unchanged. Commissioner Cardamone stated that she is supportive of Commissioner Atkins' position; that the County Commission should be addressed regarding the time line mentioned by Ms. Quillin which was stalled long before the City Commission's involvement on the issue; that the public's concern for a new library to replace the Selby library located on the water generated the allocation of Local Option Sales Tax (LOST) dollars to be earmarked to build a new library at another location; that in May 1992, she, as a private citizen, participated with the Friends of the Selby Library and members of the Library Advisory Board and Sally Webb, Selby Librarian, in organizing the ultimately successful plea to the County Commission not to place the library at Maas Brothers/Main Plaza; that Mission Harbor was not considered at that time, and the Friends of the Selby Library Board unanimously supported the downtown City of Sarasota Five Points location. Commissioner Cardamone continued that the public concerns appear to be based on the size of the new library and that the library located at Five Points will not be the central library; that the City Commission and the majority of the speakers have agreed that the central library is desired in the City of Sarasota; that after the vote to conceptually approve the three-party agreement on February 13, the Commission unanimously agreed to send a letter to the County asking that their decision to move the central library out of the City limits be reconsidered; that the letter also requested that the central library remain in the City of Sarasota. Commissioner Cardamone further stated that the plans for a 100,000 square-foot library building on the Five Points site were previously designed; that her preferred site for the new County complex was always the former Southeast Bank property, but the building was purchased before the County could consider the idea; that she supports the three-party agreement; that the citizens and the Commission should work together to persuade the County to place the central library downtown at the Five Points location if the three-party agreement is passed by all three parties. Vice Mayor Merrill stated that he agrees with Mr. Wolf's comment that the discussion has surrounded finances; that the Commission does not have enough information on which to base a decision relating to the issues of having one central library versus two libraries; that sufficient data on how libraries will operate in the future has not been provided to him; that the information superhighway may change the need for a central library in the downtown area; that the possibility of the County changing their mind on the Clark Road location for the central library has a major impact on what the Commission's decision would be; that a commitment by the County to build the central library at Clark Road raises the financial soundness of removing the existing Selby library and rebuilding a newer, smaller library rather than remodeling the existing Selby library; that in the absence of the possibility of the City gaining a large, central library he is reluctant to take the financial risk to build a replacement library. Vice Mayor Merrill continued that the eastern portion of the City of Sarasota, and the district he represents, is one of the areas which is missing library representation; that based on the three- mile radius drawings provided in the County's data, a library located on Fruitville Road near Interstate 75 would fill some of the void; that based on the data presented to the County and in looking at the decision from a view of how to site libraries, the needs of the citizens may not be best served by building one central library rather than renovating the existing Selby library and building a new library to the east. Vice Mayor Merrill further stated that the County can accomplish the results of the three-party agreement on its own; that the City's involvement is not necessary; that the opportunity for redevelopment in the City is driving the City to participate in the library arrangement; that he does not fault the goals of Commissioners and citizens to have the City assist in the revitalization of the surrounding areas; however, the Mission Harbor property as currently zoned residential gives the City a tremendous amount of latitude in determining what will be built on the site; that a rezoning request would have to be filed for commercial development; that the City could deny the request and suggest an alternate use if the proposed use requested is inappropriate; that the City does not need to be the property owners to determine what will be developed on the Mission Harbor site; that purchasing, determining an appropriate use, and then BOOK 38 Page 11616 03/06/95 6:00 P.M. BOOK 38 Page 11617 03/06/95 6:00 P.M. attempting to sell a piece of property is a questionable real estate transaction and is not an essential role of government; that purchasing power is developing on Longboat Key; however, that purchasing power may be afraid to shop in an area documented as having a high crime rate; that Interstate 75 is the corridor of future development around which new growth in residential housing patterns is occurring; that increases in commercial development follow housing patterns; that without increases in purchasing power in the surrounding subject area, the Mission Harbor site may not be developed in the near future; that the City has the risk of maintaining the Mission Harbor property, undeveloped, for a long period of time and pay the accrued interest; that the City should not bear the risk on a project which is not necessary; that the City should not be involved in the three-party agreement. Mayor Patterson stated that although the goals of the three Commissioners who support the agreement and of those citizens who have spoken in favor it are understood, she does not support the three-party agreement; that the risk is too great; that the City will receive half of the library originally promised and will lose the archives and genealogy research material to the library proposed at Clark Road, none of which is the will of the Commission; that the City Commission has consistently supported the concept of locating a central library in the downtown area of the City; that she considers the Maas Brothers/Main Plaza and Mission Harbor sites as parts of the downtown area. Mayor Patterson continued that she understands the difficulty of attempting to make whole the North Trail area and the commitment of attempting to use a piece of property as a catalyst to make that area strive; however, the cost and the risk associated with entering into speculative real estate is just too great. Mayor Patterson further stated that she brought to the Commission, which was unanimously supported, the idea of requesting the County to delay building the proposed library on the Mission Harbor site long enough to entertain an offer from the Courtelis Company, a developer who wanted to put a very upscale mall on the site; that many people were unhappy with the Commission's decision for two reasons: 1) it would disturb the concluded determination on a positive library site, and 2) any type of mall, upscale or not, would further distress the current traffic situation in the City; that she felt the potential benefit to the North Trail area was worth some sacrifices; that in the end, the developer wanted some substantial subsidies and wouldn't pay the price for the property; that her intention was never for the City to purchase the Mission Harbor property; that the major developer around whom the idea was originally based is out of the picture; that the County now plans to build two libraries, one of which is near Interstate 75 and to which the City is losing some of the major assets that represent a central library; that the City will not be getting as sophisticated a library as originally planned; that the Five Points site is smaller and in an area with a deficit of parking, but maybe placing the central library there could be possible. Mayor Patterson further stated that she cannot support borrowing $2.3 million dollars when a buyer for the site is not known; that the City's reserves will be reduced in 1996 to approximately $2.6 million due to a Federally mandated accounting change, and available City revenue has already been accounted for; that the three-party agreement requires the City to pay the County a $0.5 million profit on a piece of property whose value was assessed based on streets and commercial rezoning that the City will subsequently have to initiate; that the value assessed to the Second Street parking lot the City will be trading to the County is lower than the price the City paid; that the details of and the risk associated with the three-party agreement are the reasons she cannot support the proposal. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote to approve the Administration's recommendation. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Pillot, yes; Patterson, no. Mayor Patterson recessed the meeting at 8:48 p.m. The Commission reconvened at 9:02 p.m. 12. UNFINISHED BUSINESS: DISCUSSION RE: PROPOSED ORDINANCE NO. 94-3818, AMENDING CHAPTER 33, TRAFFIC AND MOTOR VEHICLES, SARASOTA CITY CODE, ARTICLE IV, STOPPING, SANDING OR PARKING, DIVISION 1, GENERALLY, TO ADD AS SECTION 33-120 REGULATIONS PERTAINING TO MOTOR VEHICLE VALET SERVICE; DEFINING TERMS: REQUIRING A PERMIT AS A CONDITION TO PROVIDING VALET SERVICE; SETTING FORTH STANDARDS FOR THE REVIEW OF PERMIT APPLICATIONS: REQUIRING A WRITTEN AGREEMENT FOR USE OF PRIVATE PROPERTY TO STORE MOTOR VEHICLES; SPECIFYING REQUIREMENTS FOR USE OF CITY- OWNED LAND OR CITY-OWNED PARKING LOTS; SETTING FORTH A PERMIT REVOCATION PROCEDURE; ETC. - PASSED ON FIRST READING WITH A PROVISION ALLOWING A BUSINESS THAT PROVIDES PRIVATE STORAGE CAPACITY OF AT LEAST 20 VEHICLES FOR VALET SERVICE TO LIMIT THE USE OF THE VALET SERVICE TO ITS PATRONS (AGENDA ITEM VII-2) #2 (2976) through (3540) City Manager Sollenberger stated that the proposed ordinance establishes regulations for valet parking services in the City of Sarasota; that at its December 5, 1994, meeting, the City Commission heard public comments, closed the public hearing, and continued discussion on proposed Ordinance No. 94-3818. city Attorney Taylor stated that the Commission had requested that the following concerns be addressed before the proposed ordinance was brought back: BOOK 38 Page 11618 03/06/95 6:00 P.M. BOOK 38 Page 11619 03/06/95 6:00 P.M. 1. that valet parking operation be available for use by any member of the public, not just a person who wishes to patronize the business offering the valet service. city Attorney Taylor stated that the ordinance has been changed to accommodate that request. 2. modification of the right of the City Administration to modify or revoke permits. 3. insertion of a provision that would allow for all or part of the valet parking program within the City to be revoked at anytime. City Attorney Taylor stated that as part of the Administrative process, the rights of the City Engineer to modify or revoke permits has been expanded; that in addition, a clause has been inserted which gives the city Commission the authority to revoke permits. V. Peter Schneider, Deputy City Manager stated that subsequent to the direction by the Commission to add a provision whereby any valet parking storage space be made available to the public regardless of the destination of the user, letters were received from Patrick's Restaurant and Sarasota Memorial Hospital (SMH) pointing out a problem with the proposed provision; that both entities currently lease private storage spaces for vehicles that use their valet parking spaces; that private valet parking storage areas should be encouraged as a means to expand the overall parking capacity of those areas in the City where valet parking is used; therefore, the Administration recommends the following language be added to the proposed ordinance: A valet service that provides a storage area on private property for a capacity of at least twenty vehicles shall be able to limit the use of a valet service staging area on public property to customers of the business providing the valet service. Mayor Patterson stated that City Auditor and Clerk Robinson read proposed Ordinance No. 94-3818 by title only at the previous meeting. Mayor Patterson stated that the provision would also be applicable to the Opera House that intends to purchase a private parking area for its valet service. City Manager Sollenberger stated that is correcti and that negotiations by the Opera House have been completed. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to pass proposed Ordinance No. 94-3818 on first reading with the inclusion of the provision as recommended by the Administration. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 13. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE PROPOSED LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND GULF COAST WORLD OF SCIENCE, INC. = TABLED (AGENDA ITEM VII-3) #2 (3554) through #3 (1097) City Manager Sollenberger stated that the Gulf Coast World of Science (GCWS) requested use of the Selby library building for their museum on March 1, 1993; that a public hearing was held on May 3, 1993, following which the Commission decided to enter into a five-year lease starting from the date that the County terminates its lease agreement with the City; that on January 3, 1994, a Proposed Lease Agreement was submitted to the City Commission for execution; that the lease agreement was referred back to the City Manager and City Attorney to incorporate a termination option; that a termination option was included in Paragraph 27 of the proposed lease in February 1994, but the matter was not agendaed; that a letter was received from the Attorney representing, the GCWS inquiring as to status of the lease agreement and the City's commitment; therefore, he agendaed the item before the Commission for a decision on execution of the agreement. Mr. Sollenberger continued that changes in circumstances have occurred since the public hearing was held regarding the lease agreement with GCWS at which time it was assumed that the Selby library would be vacated and available for occupancy by the end of 1995; that in 1992 the City issued a license for operation with a 50-day notice of termination provision to the GCWS for use of the community house where the museum is currently located; that the termination provision was included because the City had entered into a lease agreement with the Sarasota Ballet for construction on that site of an administrative office and rehearsal studio; that in accordance with the lease agreement, the Sarasota Ballet plans to commence construction by September 1995; that the GCWS will be dislocated from their current location during the upcoming summer months; that the vacation of the Selby library has yet to be determined, but presumably will not occur in the very near future. Mr. Sollenberger referred to page 13 of the lease agreementi and stated that the Paragraph 27 contains the language developed in response to the Commission's request for Recapture for Public Purpose clause; that a question has been raised as to the definition of "public purpose"; that the Commission's intent for BOOK 38 Page 11620 03/06/95 6:00 P.M. BOOK 38 Page 11621 03/06/95 6:00 P.M. the inclusion of a Recapture for Public Purpose clause was assumed to include economic development; that discussion by the Commission regarding the change in circumstances, whether the definition of public purpose meets the Commission's intent, and whether the language in Paragraph 27 is satisfactory would be appropriate at this time. Commissioner Pillot stated that Paragraph 27 appropriately meets his expectation; cited the following language from Paragraph 27, and asked if the intent was to include permanent improvements to the real estate, but not those items that are specific to the GCWS, i.e., displays? and resume possession of the Leasehold and all improvements thereon. Mr. Sollenberger stated that is correct. Vice Mayor Merrill stated that the financial statements included in the Agenda materials are dated December 31, 1992; that the GCWS should have financial statements available from 1993; that financial solvency of the GCWS was of concern when the lease agreement was drafted; that he strongly supported a first-rate children's museum locating at the Selby library; and asked if the City Manager had any information relating to the change in management of the GCWS organization? Mr. Sollenberger stated that he does not have that information; however, representatives of the GCWS are present in the audience; that the Administration did not request updated financial statements from the GCWS; that the language change as directed by the Commission was the primary issue with which the Administration dealt; however, for various reasons, the item did not come back before the Commission in a timely manner. Commissioner Cardamone stated that the financial data to prove that the GCWS could support the operating expenses at the Selby library was a major consideration of the Commission when the item was heard previously. Mayor Patterson stated that a reserve of $100,000 was a requirement of the lease agreement; and asked if the reserves were to be collected at the time of possession or at the time of execution of the lease? City Attorney Taylor cited the following from Paragraph 3 on page 2 of the lease agreement: 3. Term: the term shall not commence until the City Manager has approved the financial statement submitted by TENANT as required by Paragraph 7 hereof. and the following from Paragraph 7 on page 4 of the lease agreement: 7. Reserve Funds: TENANT agrees, prior to occupying the structure located upon the Leasehold, to submit an up-to- date financial statement prepared by a certified public accountant to the City Manager stating that the TENANT has, at a minimum, a cash operating reserve of One Hundred Thousand Dollars $100,000.00). Mayor Patterson asked what would happen if the City signed the lease and the GCWS can not demonstrate the minimum reserve? City Attorney Taylor stated that the term of the lease cannot commence without the GCWS having made such a demonstration. Mayor Patterson stated that the City would have a commitment by signing the lease agreementi and asked if a closure to the commitment has been included in the lease agreement? City Attorney Taylor stated that specific dates were not included in the lease agreement, i.e., under the Term paragraph; that the lease agreement was drafted contingent on Sarasota County terminating its lease with the City and relocating the Selby library operation; that Commission concerns such as the one raised by Mayor Patterson should be addressed. Mayor Patterson stated that the GCWS may have already raised the necessary funds; however, her concern is focused on including a specific time when the City would be released from an obligation should the tenant be unable to provide adequate financial statements showing the necessary cash in reserve. Commissioner Cardamone stated that the GCWS has to relocate this summer; that the GCWS may have to use a portion of the collected cash reserves to relocate and operate the museum at a temporary location for an unknown number of years; that the Commission could set a future date certain, i.e., five years from now, at which time the GCWS would take occupancy of the Selby library building; that during that long period of time, the GCWS could get into a financial bind that would unable them to produce the $100,000 in cash reserves necessary to take occupancyi that a closure clause should be included. Mayor Patterson stated that a clause stating something similar to the following should be included: within one year of the library being vacated and ready to receive the tenant, the tenant will have had to meet the terms of the lease and be ready to take occupancy. BOOK 38 Page 11622 03/06/95 6:00 P.M. BOOK 38 Page 11623 03/06/95 6:00 P.M. City Attorney Taylor stated that other City lease agreements that have been contingent on an outside event have contained a clause whereas if the outside event hasn't occurred within a specified time period, the lease agreement is brought back to the Commission for further action, i.e., to extend or not extend the time period. Commissioner Pillot stated that several critical questions have been raised by the Commission; that delays in the probable availability of the Selby library, which would most likely be after the GCWS is dislocated from the site on which the Sarasota Ballet plans to begin construction, have recently surfaced; that the people signed up to speak should be heard; however, subsequent action by the Commission should be taken to refer the lease agreement back to the Administration and the legal staff for appropriate revision to address the concerns raised by the Commission. The following people came before the Commission: Kerry Kirschner, former Mayor and City Commissioner, 770 South Palm Avenue #1204 (34236), stated that the GCWS museum is a wonderful effort; however, the lease agreement as drafted is completely open- ended; that the Selby library building is notoriously well-known as having maintenance problems and expensive operational costs; that the monthly expense for electricity, alone, exceeds $6,500; that requiring a minimum cash reserve of $100,000 in an indefinite period of time does not seem appropriate; that the Commission should table the issue until the County's intentions relating to the current City lease for the Selby library are known; that, despite the Commission's approval of the three-party agreement which includes locating a library at Five Points, he has heard that three County Commissioners may be in favor of refurbishing the Selby library if the cost of condemnation is too severe; that the Commission is not in a position to sign a lease agreement for City property with an organization that is well-intentioned, but hasn't demonstrated the financial ability to operate the project proposed; that updated financial statements should be provided by the GCWS at the time a decision is made by the Commission; that the Commission's decision should be delayed until the availability date of the Selby library building is known. Mr. Kirschner congratulated Commissioner Atkins for his great service to the City of Sarasota. Elva Farrell, Executive Director of the Gulf Coast World of Science (GCWS), stated that the 1993 financial statements are available but have not been requested from the GCWS; that the GCWS's accountant is currently performing the audit on the GCWS for 1994; that the financial statements should be completed within the next week; that the GCWS could produce the $100,000 cash reserve upon notice; that a portion of the required funds have been placed in an account specifically earmarked for the Selby library building and cannot be used to relocate the museum to a temporary location; that the GCWS has a commitment from an individual to provide the difference between the account balance and the $100,000 reserve required; that accounts verifying the $100,000 reserve can be provided. Ms. Farrell continued that the summer months are the busiest time for the children's programs offered at the museum; that the Sarasota Ballet plans to begin construction-related activities during the summer months; but arrangements have been made to allow the GCWS to operate at the community house until September 1995; that a transition team has been comprised to search for a temporary location to operate the museum; that the GCWS views the re-location as temporary since the Commission has made a commitment to lease the Selby library building to the GCWS; that the GCWS realizes that the building will not be available for a few years; that a lease agreement was requested to provide written confirmation of the city's commitment to lease the Selby library to the GCWS; that the written confirmation will be helpful in obtaining contributions and grant funding. Ms. Farrell further stated that she was on the Board of Directors when the GCWS was founded; that she left her position with Sarasota County in January 1995 after 18 years to become the first paid Executive Director of the GCWS. Mayor Patterson asked Ms. Farrell if she has any comment on the lease as drafted? Ms. Farrell stated that she understands the Commission's concerns, and would not be opposed to a Closure clause or addressing the other concerns mentioned; that the Sarasota Ballet was afforded three years to raise the necessary funding for construction associated with their lease agreement; that the GCWS is willing to work with the City to obtain a contract which would be agreeable to both parties. Vice Mayor Merrill asked if the GCWS has a budget prepared itemizing the costs associated with relocating to the Selby library building when it becomes available? Ms. Farrell stated that cost projections for five years were provided to the Commission prior to the original drafting of the lease agreement. Vice Mayor Merrill stated that the cost estimates should be reviewed and updated if the issue is tabled; that one of the primary concerns considered will the ability of the GCWS to support the Selby library building. BOOK 38 Page 11624 03/06/95 6:00 P.M. BOOK 38 Page 11625 03/06/95 6:00 P.M. Ms. Farrell stated that she understood the $100,000 requirement was intended to verify the ability of the GCWS to operate; that the $100,000 was not to cover any of the necessary repairs. Vice Mayor Merrill stated that the Selby library building was constructed in 1978; that air conditioning and roof repairs will undoubtedly be necessary. Ms. Farrell stated that the GCWS is aware of the repairs which will be necessary to the Selby library building; that written confirmation of the Commission's intent is necessary to proceed with the Capital Fundraising campaign planned by the GCWS. Vice Mayor Merrill stated that a use has not been designated for the land near the waterfront on the Franklin Manor Park project site plan; that he would support construction of a children's museum on that site if the GCWS was successful in raising the necessary funding; that the federal government plans to decrease grant funding; that the County's plans for the Selby library building are not yet fully determined; that the County could decide to remodel the Selby library building and retain the City lease; that the proposed lease agreement drafted also includes a recapture clause that gives the City the right, even over the period during which the GCWS thinks it has a lease, to recapture the property, if, i.e., the fundraising efforts of the GCWS were unsuccessful or another organization suggested an alternative idea for which tremendous public support greater than that of a children's museum was created; that he does not think there could be a better public use for the Selby library building, once vacated, than a first-class children's museum, but he is concerned with the financial ability of the GCWS to maintain and properly operate the building; that he is concerned the GCWS may run into financial problems similar to those experience when the small Asolo Theatre tried to become big too fast. Commissioner Cardamone stated that she agrees with the majority of Vice Mayor Merrill's commentsi; that the existing museum is a wonderful place for children; however, she worries about the GCWS spending a large portion of its resources to maintain the former Selby library building when alternatively those resources could be used to promote children's programs; that the GCWS may want to consider locating to another City-owned location that would be better-suited and less expensive to operate; that the $100,000 reserves raised for the lease could possibly be used as a basis for constructing a brand new building, i.e., on the City-owned property at Franklin Manor Park; that the GCWS would then own the building; that she knows the GCWS Board of Directors makes the decisions on how their resources are spent; however, she feels the children would be provided a greater benefit if the resources of the GCWS were not expended to maintain a building owned by the City which is known to have maintenance problems. Ms. Farrell stated that the GCWS will have facility expenses regardless of the museum's location; that the continued City support of the GCWS Board of Director's decision to relocate the museum into the Selby library building has been appreciated; that the intent of the GCWS is to take occupancy of the Selby library building when it becomes available; that written confirmation of the Commission's intent to permit the previously agreed upon relocation is requested; however, the ideas suggested by the Commission will be taken into consideration. Commissioner Cardamone stated that the GCWS Board of Directors properly acted on an opportunity which was assumed would be available in the near future; that the recent discussions regarding the library relocation have affected that assumption somewhat; that the GCWS may find that their temporary location successfully meets their needs permitting additional input of resources into the children's programs. Paul Thorpe, representing the Downtown Association, 47 South Palm Avenue, stated that the GCWS has provided the community with the benefits of a children's museum; that the City should consider encouraging the GCWS to relocate to a City-owned piece of property or a vacant building as part of the redevelopment activity scheduled in the Downtown North area; that a committee could be comprised to assist the GCWS in relocating to a temporary location which may become permanent; that the issue of the library relocation has not fully been resolved; that the Selby library building may never be vacated; that other interests are interested in the Selby library location; that he served on the Conference Center committee which approved of two business interests, one of which is the Hyatt; that the Hyatt business interest owns the property that accesses the water behind the Selby library; that both business interests have expressed an interest in utilizing the Selby library facility. Mayor Patterson stated that $100,000 is not an adequate amount of funding on which to begin construction of a children's museum; that building a four-stall restroom facility in a flood zone was previously estimated at $250,000; that the GCWS may not be in a position to undertake the type of Capital campaign necessary to build a new structure. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to table the proposed lease agreement between the City of Sarasota and Gulf Coast World of Science, Inc. until the Administration and legal staff feel that the terms and conditions of a proposed lease are inclusive and conclusive and responsive to the issues raised by the Commission. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. BOOK 38 Page 11626 03/06/95 6:00 P.M. BOOK 38 Page 11627 03/06/95 6:00 P.M. 14. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 94-3836, AMENDING ARTICLE VI OF THE ZONING CODE PERTAINING TO MINIMUM DISTANCE REQUIREMENTS FOR PACKAGE STORES FOR THE SALE OF ALCOHOLIC BEVERAGES; AMENDING SUCH PROVISIONS TO EXEMPT PACKAGE STORES FOR THE SALE OF ALCOHOLIC BEVERAGES LOCATED IN CSC-N, CSC-C AND CSC-R ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE: ETC. (TITLE ONLY) - TABLED UNTIL MARCH 20, 1995, MEETING (AGENDA ITEM VII-4) #3 (1097) through (1420) City Attorney Taylor stated that at the City Commission meeting of February 21, there was considerable discussion by the City Commission on many issues pertaining to the proposed ordinance; that the proposed ordinance was revised and the following new language added to address the Commission's concerns: 1. defined the use of the term package liquor store; 2. included hours of operation limitations under paragraph (d) (4) (D) i 3. restricted the available floor area of the package liquor store to a maximum of 660 square feet for the sale of non beer and malt beverages or wine sales under paragraphs (d) (4) (B) and (C); and 4. made it clear under paragraph (d) (4) (A) that a package liquor store may not be a stand-alone business and that the package liquor store sales portion of the larger premises must be completely open on at least two sides to the remainder of the premises under. City Attorney Taylor stated that late this afternoon a fax from the Orlando, Florida, law firm that represents ABC Liquors, Inc. was received informing him that although, the proposed ordinance should not have an affect on the ABC Liquor stores in the City, the ordinance as drafted would prohibit the owners of the proposed Michael's On East expansion from obtaining a State license to sell beverage liquors; that apparently the Florida Beverage Department may require that the sale of beverage liquors be absolutely separate and distinct and not commingled with other uses; that he recommends the Commission postpone action on this item until he has the opportunity to verify the State's requirement and discuss the potential ramifications with the Attorney's representing the Michael's On East interest. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to table the item and postpone second reading of proposed Ordinance No. 94-3836 until the March 20, 1995, city Commission meeting. Mayor Patterson stated that the ordinance has changed substantially since the public hearing was held; that the public hearing should be reopened when the item is brought back before the Commission. City Attorney Taylor stated that the ordinance could be re- advertised as a public hearing for the next meeting. City Manager Sollenberger stated that the Commission could choose to approve paragraph (d) (3) of the proposed ordinance; and re- advertise the portion of the ordinance relating to the package liquor store provisions for public hearing. Vice Mayor Merrill stated that he is reluctant to address two separate ordinances; that timing is not an issue; that one package store ordinance should be addressed. Vice Mayor Merrill continued that he has some concern with package stores being permitted to locate one right next to another if the revised provision (d) (4) (A) is removed; that a provision should be reviewed whereby package liquor stores eligible under the proposed ordinance must be a certain distance from other package stores. Commissioner Cardamone stated that she is willing to address the portion of the proposed ordinance drafted to accommodate the needs of the Publix development; that the entire package liquor store provision could then be reviewed at a later date; that her reluctance to prepare ordinances for one person has been voiced previously. Mayor Patterson called for the vote on the motion to table the entire ordinance until the next meeting. Motion carried (4 to 1): Atkins, yes; Cardamone, no; Merrill, yes; Pillot, yes; Patterson, yes. 15. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 95R- 803, FINDING THAT IT IS NECESSARY TO OBTAIN CERTAIN REAL PROPERTY BY PURCHASE OR BY CONDEMNATION TO PROVIDE FOR NECESSARY DRAINAGE STRUCTURES AND PONDS TO ALLEVIATE STORM WATER FLOODING IN AN AREA OF THE CITY BETWEEN 14TH STREET AND 19TH STREET INCLUSIVE, EAST OF CENTRAL AVENUE AND WEST OF THE RAILROAD RIGHT-OF-WAY: AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE REAL PROPERTY HEREIN DESCRIBED; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VII-5) #3 (1425) through (1636) City Manager Sollenberger stated that the proposed resolution authorizes the Administration to begin the eminent domain process to obtain property for construction of the flood relief project for the property located east of Central Avenue between 14th and 19th Streets; that the City has been unable to satisfactorily negotiate BOOK 38 Page 11628 03/06/95 6:00 P.M. BOOK 38 Page 11629 03/06/95 6:00 P.M. with Seminole Gulf Railway to acquire the land necessary for the retention site. City Auditor and Clerk Robinson read proposed Resolution No. 95R-803 by title only. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 95R-803. Vice Mayor Merrill stated that the Commission previously approved the Arlington Canal as the second priority on a previously approved priority list; and asked if the priority sequence of the projects previously approved for flood relief will be changed by the adoption of this proposed resolution? Dennis Daughters, Director of Engineering/City Engineer, and Richard Winters, Engineering Tech IV, came before the Commission and distributed a project priority spreadsheet of the Storm Drainage Capital Improvements Projects. Mr. Daughters stated that information contained in the spreadsheet was received earlier today from the County; that the list is not totally complete; that project's priorities have been listed based on previous Commission actions; that priority projects A and 1 through 5 were funded in prior fiscal years; that the Arlington Canal project is project priority 7A; that the priority list last viewed by the Commission had the Arlington Canal listed as project priority 2 for the fiscal yeari that priority projects 1, 2, and 3 have been completed. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt Resolution No.95R-803. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 16. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO PURSUE THREE ALTERNATIVES FOR STORMWATER CAPITAL IMPROVEMENT PROJECT FUNDING, ANGLIN DRIVE, NOBLE-LEON AVENUES, 15TH-19TH STREETS, AND CONSENT TO THE PLEDGE OF IN-CITY REVENUE TO RETIRE DEBT OF COUNTY-OBTAINED SHORT TERM FINANCING FOR ALL THREE PROJECTS = APPROVED (AGENDA ITEM VII-6) #3 (1642) through (2942) Dennis Daughters, Director of Engineering/City Engineer, and Richard Winters, Engineering Tech IV, came before the Commission. Mr. Daughters stated that the drainage improvements to be accomplished for Anglin Drive, Noble/Leon Avenues, and 15th-19th Streets are the next priorities to be constructed through the Sarasota County Stormwater Environmental Utility (SEU); that these three projects have been designed and permitted, where applicable; that Sarasota County is considering a short-term financing for these three projects; that in recent conversations with the SEU, some alternatives for financing to expedite the three specific projects with the City may be available; that the following are the alternatives available: 1. The SEU could construct the projects based on funding to be obtained from a short-term financing on the part of the County; that construction would begin in about six months. 2. The City could provide the difference ($57,000) in funding between the currently allocated funding and final cost of the Anglin Drive project to expedite construction and completion of this project with no payback to the city; that construction would begin in about two months. 3. The City could provide "bridge type" funding for Anglin Drive only, provided that the SEU enter into a specific agreement to reimburse the city for the funding with a specified short-term period; that the Seu would use the County's short-term financing to refund the City; that construction of this one project would begin in about two months. Mr. Daughters stated that the Noble/Leon Avenues and 15th-19th Streets projects both require land and/or easements to be acquired; that construction for those two projects could begin in about 4-6 months; that the Anglin Drive project does not require land acquisition and could begin construction in about two months; that the Interlocal Agreement between the City and the County on storm drainage requires that financing projects within the City have the approval of the City Commission. Mr. Daughters continued that the Administration recommends the following Commission action: 1. Consent to the pledge of in-city revenue from the stormwater utility to retire debt to County-obtained short- term financing for all three subject projects. 2. Direct Administration to pursue alternate #3. On motion of Commissioner Atkins and second of Commissioner Pillot, it was moved to approve the Administration's recommendation. Vice Mayor Merrill asked if additional debt service will result from this Commission action that could delay later projects? Mr. Daughters stated that based on the information received from the County, it would not. BOOK 38 Page 11630 03/06/95 6:00 P.M. BOOK 38 Page 11631 03/06/95 6:00 P.M. Vice Mayor Merrill asked if the City will be borrowing any funds. Mr. Sollenberger responded, no; and stated that the County, through the SEU will be borrowing the funds which will be repaid from the revenues raised within the applicable basin districts. Mayor Patterson called for the vote on the motion to approve pursue alternative #3. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mr. Daughters asked for clarification if the Commission's action included consent to the pledge of in-City stormwater revenue. Commissioner Atkins, as maker of the motion, and Commissioner Pillot, as seconder, agreed that the intent of the motion was to include the consent. 17. UNFINISHED BUSINESS: REPORT RE: WHITAKER BAYOU BASIN MASTER PLAN RECONNAISSANCE REPORT FROM THE UNITED STATES ARMY CORPS OF ENGINEERS (USACE) = RECEIVED; SUPPORTED NEGOTIATIONS BY THE SEU WITH THE USACE (AGENDA ITEM VII-7) #3 (1942) through (2062) Dennis Daughters, Director of Engineering/City Engineer, and Richard Winters, Engineering Tech IV, came before the Commission. Mr. Winters stated that the report indicates that the cost/benefit warrants further study; that the next phase of the process is a feasibility study; that the costs of performing the study are shared 50/50 between the City/County and the Federal government; that the City's portion of the 50 percent should be limited since the majority of the drainage area is in the County; that part of the non-Federal costs may be accomplished as in-kind services by the non-Federal sponsor; that the Sarasota County Stormwater Environmental Utility (SEU) will be negotiating with the United States Army Corps of Engineers (USACE) as to what amount of in-kind services can be used to defray cash outlays; Mr. Winters continued that the Administration recommends the following Commission action: 1. Receive the report. 2. Support negotiation by SEU with USACE toward an agreement between SEU and USACE for in-kind services cost shares. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 18. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO SEEK EDA GRANT FUNDING FOR THE CONCEPT PLAN AND STREETSCAPE DEVELOPMENT FOR DR. MARTIN LUTHER KING, JR. WAY - APPROVED (AGENDA ITEM VII-8) #3 (2072) through (2806) City Manager Sollenberger stated that the city Commission allocated funding in the Capital Improvements Program (CIP) for additional beautification on Dr. Martin Luther King, Jr. (MLK) Way; that numerous meetings have been held with businesses and affected interests in the MLK Way area; that a plan has been developed which exceeds the funds budgeted for the project in the CIP; that the Administration's recommendation is as follows: 1. Approve the concept plan and streetscape development; 2. Authorize the Administration to seek Economic Development Administration (EDA) grant funding; and 3. Authorize the Administration to proceed with plans and specifications. Mr. Sollenberger stated that the City successfully pursued a similar EDA grant for the Main Street Project. Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and David Johnston, Landscape Architect, came before the Commission. Mr. Mountain stated that a simple median/planting plan was originally proposed for MLK Way; that after discussions with the neighborhood, Staff determined medians would not suffice; that input was gathered from the neighborhood and the problems in the area were discussed; that a determination was reached that the medians currently located on MLK Way need to be removed; that three specific areas for improvement have been identified in the concept plan: 1) an entrance to MLK Way from the east, 2) a Central Business District, and 3) a potential economic development area further to the west. Mr. Johnston referred to a board display, copies of which were displayed on the overhead projector, and explained the conceptual designs for the three specific areas. Mr. Johnston stated that a colonnade of palms would be placed eastward to the City limits in the undeveloped area to signify an introduction to the business district; that the existing medians which currently provide landscaping also serve as a hinderance to vehicular traffic; that removal of the medians in the Central Business District area has been proposed to address the vehicular problems and to provide more on-street parking relative to the businesses; that the current, custom lighting which is located on the outer curb of the sidewalks in the area has been expensive for the BOOK 38 Page 11632 03/06/95 6:00 P.M. BOOK 38 Page 11633 03/06/95 6:00 P.M. City to maintain and was another concern raised by the neighborhood; that the concept plan relocates new, more economical lighting at a 12-foot mounting height to the inner-curb of the proposed replacement sidewalks system, which will be extended to a five-foot width in brick pavers at street crossing areas; that a typical configuration consisting of landscape islands with low shrubs, a major shade tree, new lighting, and protected crosswalks has been proposed for all of the intersections throughout the plan area; that the focus of the concept plan is to bring the central business community of MLK Way together with other areas of MLK Way as an entity to, hopefully, stimulate economic development similar to that which has occurred on Main Street. Commissioner Atkins stated that he participated in several of the neighborhood meetings mentioned; that the process has been evolutionary over the past six months; that the major goal of this project was to unify MLK Way from U.S. 41 to U.S. 301 with consistency and a sense of pride and unity to the businesses and multi-family uses in the area; that the allocated funding and the potential for grant funding provides an excellent opportunity for the City to proceed with the concept plan as proposed. On motion of Commissioner Atkins and second of Commissioner Pillot, it was moved to approve the three Administration recommendations authorizing the Administration to proceed and seek EDA grant funding for the Concept Plan and Streetscape Development for Dr. Martin Luther King, Jr. Way. Commissioner Cardamone asked if the concept plan includes improvements up to U.S. 41? Commissioner Atkins stated that the improvements are planned up to Cocoanut Avenue; that the Ringling School of Art previously made improvements from the bridge to U.S. 41. Mayor Patterson asked for clarification of the problems surrounding the existing medians in the Central Business District? Mr. Mountain stated that the medians prohibit on-street parking next to the businesses in the area; that MLK Way is narrow in that area; that vehicles and trucks continually run over the medians causing damage to the medians and the street lights. Commissioner Cardamone stated that the brick pavers at the crosswalks and as decor is suitable; however, she is not fond of using brick throughout the district; that elimination of the brick should be considered if funding becomes a problem. Mr. Johnston stated that options are available; that he would prefer to use bricks in the Central Business District area as a lead alternative; that colored concrete which would be less expensive and more economical could be used in the rema ining areas where the potential for driveway curb cuts or replacing sidewalks would exist. Mayor Patterson called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 19. NEW BUSINESS: REPORT RE: COMMERCIAL BUBINE8S-MEYTOHN (CBN) REZONING OF PROPERTY ALONG DR. MARTIN LUTHER KING, JR. WAY - DIRECTED THE ADMINISTRATION. TO PROCEED WITH THE STEPS NECESSARY TO REMOVE THE HOURS OF OPERATION RESTRICTION FROM THE CBN REZONING OVERLAY ORDINANCE AND CONTINUE THE REZONING PROCESS (AGENDA ITEM VIII-1) #3 (2806) through (3732) City Manager Sollenberger stated that the Commission was provided with a report on the CBN Zone District at the request of Commissioner Cardamone. Commissioner Cardamone stated that she thought the hours of operation in the CBN Zone District were to be restricted in response to the adjacent residence owners who had requested relief from people hanging around the businesses on Dr. Martin Luther King, Jr. (MLK) Way, participating in illegal activities, and playing loud music on "boom boxes" at all hours of the night; and asked why allowing the businesses to operate without any restriction of hours has been proposed? Commissioner Atkins stated that passing legislation for immediate problems and fads could unnecessarily restrict human rights; that very few businesses in the CBN Zone District stayed open past midnight when the restriction of hours was proposed; that the main problem was not related to the businesses but with vehicles circling through the area; that three residential property owners on streets off of MLK Way had complained about the noise element; that the fad of "boom boxes' I in vehicles is not as prevalent as it once was; that he no longer hears from the residential owners with regard to the noise element; that the restriction of hours offended the business owners who do not want their opportunity to stay open past midnight unnecessarily limited; that businesses need as much flexibility as possible to make moneyi that time has shown that the businesses were not the problem. Commissioner Cardamone continued that placing no limitation on the time during which property owners on MLK Way could opt-in to the CBN Zone District at no cost is of concern if other areas of the City, i.e., property owners in the North Trail (NT) Zone District, were not offered the same opportunity. Commissioner Atkins stated that elderly people who can not afford to pay for commercial zoning reside in sèveral of the residential BOOK 38 Page 11634 03/06/95 6:00 P.M. BOOK 38 Page 11635 03/06/95 6:00 P.M. facilities along the portion of MLK Way where the City-initiated rezoning to CBN is proposed; that the residential properties along MLK Way cannot afford to pay the higher taxes associated with commercial zoning and opted-out of the CBN rezoning; that the business interests opted-out due to the restriction of hours. Commissioner Cardamone stated that property owners on North Tamiami Trail were afforded an opportunity for a one-time, no-cost rezoning to the NT Zone District; and asked for the procedure followed by those property owners who did not originally participate in the rezoning but wish to participate now? Jane Robinson, Director of Planning and Development, came before the Commission and stated that the property owners on North Tamiami Trail as on MLK Way had the opportunity to opt-out of the rezoning or opt-in to the overlay zone districts at no cost; that specific problems associated with the NT rezonings were experienced; that those problems have been resolved and a second phase of NT rezoning has been initiated at no cost to the property owner. Mayor Patterson stated that a similar structure of phased opportunities should be developed for the CBN rezonings on MLK Way. Commissioner Atkins stated that he could support phased opportunities. Commissioner Cardamone stated that the City should be consistent in providing fair and equitable opportunities for all property owners with regard to special rezonings; that she has no problem with phased opportunities. Commissioner Atkins asked how elimination of the restriction of hours would be handled? Ms. Robinson stated that the property owners on North Tamiami did not object to the restriction of hours; that the property owners on MLK Way have; that a code amendment and a public hearing would be necessary to eliminate the hours of operation restriction. Mr. Sollenberger stated that the Administration should be directed to amend the CBN zoning overlay ordinance to remove the restriction of hours; that the MLK Way property owners could then be given another opportunity to opt-in or opt-out of the CBN rezoning. On motion of Commissioner Atkins and second of Commissioner Pillot, it was moved to direct the Administration to remove the hours of operation in the CBN zoning overlay ordinance and continue with the rezoning process. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 20. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 95R-805, OPPOSING RECMMENDATIONS IN THE ADMINISTRATIONE FY 1996 BUDGET REQUEST WHICH WOULD REMOVE FEDERAL PARTICIPATION IN WATER PROJECTS, INCLUDING BEACH NOURISHMENT PROJECTS, WHICH ARE NOT "NATIONALLY SIGNIFICANT, RECOMMENDING RETAINING THE CURRENT FEDERAL CRITERIA FOR FEDERAL PARTICIPATION AND COST-SHARING: RECOMMENDING OPPOSING FUTURE LEGISLATION WHICH MAY ELIMINATE OR REDUCE FEDERAL PARTICIPATION IN SUCH PROJECTS; PROVIDING FOR AN EFFECTIVE DATE; ETC. (TITLE ONLY) = ADOPTED FOR TRANSMITTAL TO THE PRESIDENT, FLORIDA CONGRESSIONAL DELEGATION, AND OTHER APPROPRIATE RECIPIENTS (AGENDA ITEM VIII-2) #3 (3732) through #4 (0308) city Manager Sollenberger stated that the legislation President Clinton plans to introduce will drastically reduce federal funding for most water resources projects; that the legislation would affect the federal funding source the City is attempting to pursue for renourishment of Lido Beach as well as other needs; that cost benefits on flood control projects would be severely restricted from a 2 to 1 cost benefit to a 14 to 1 cost benefit; that the Stormwater Environmental Utility (SEU) has been planning on federal participation through the United States Army Corps Engineers (USACE) to eliminate flooding conditions along Whitaker Bayou; that the project is estimated in excess of $6 million, half of which was planned to be funded through federal participation; that the small navigation program on which the City has relied to obtain sand for Lido Beach every four or five years through the federally assisted dredging of the New Pass channel would also be severely restricted or eliminated; that proposed Resolution No. 95R-805 expresses the City Commission's opposition to the Clinton Administration's proposal to remove federal participation in water projects. Mr. Sollenberger stated that the Administration recommends adoption of proposed Resolution No. 95R-805. City Auditor and Clerk Robinson read proposed Resolution No. 95R-805 by title only. On motion of Commissioner Pillot and, second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 95R-805 and transmit it to the President, Florida Congressional Delegation, and to others the Administration finds would be appropriate recipients. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 21. NEW BUSINESS: APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 95-3843, AMENDING CHAPTER 2, ARTICLE V, DIVISION 5, RELATING TO CODE ENFORCEMENT, TO AMEND THE JURISDICTION OF BOOK 38 Page 11636 03/06/95 6:00 P.M. BOOK 38 Page 11637 03/06/95 6:00 P.M. THE CODE ENFORCEMENT SPECIAL MASTER AND TO CLARIFY VARIOUS PROVISIONS OF SUCH DIVISION; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE: ETC. = APPROVED (AGENDA ITEM VIII-3) #4 (0208) through (0305) Timothy Litchet, Acting Director of Building, Zoning, and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 95-3843 makes the following housekeeping and technical changes to the Code Enforcement Special Master ordinance to clarify and strengthen the system: 1. Revising the jurisdiction section to show proper code sections; 2. Allow for notices of violations as well as citations to be reviewed by the Special Master; 3. Clarifying that the Special Master can impose additional penalties and costs, in addition to the recommended fine schedule; and 4. Making the schedule of civil penalties consistent with the jurisdiction section. Mr. Sollenberger stated that the Administration recommends setting proposed Ordinance No. 95-3843 for public hearing. Commissioner Pillot asked if the function of the Special Master would be at all lessened by the proposed ordinance? Mr. Litchet stated that the proposed ordinance, which strengthens the current system, was developed in conjunction with Larry Robinson, Special Master. On motion of Commissioner Cardamone and second of Commissioner Atkins, it was moved to set proposed Ordinance No. 95-3843 for public hearing. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - CITY MANAGER TO DISCUSS WITH THE POLICE CHIEF METHODS FOR DISCOURAGING STUDENT ACTIVITIES IN THE STREETS (AGENDA ITEM X) #4 (0305) through (0478) VICE MAYOR MERRILL: A. informed the Commission that Arlington Park was recently covered by graffiti; that the Administration should pursue the provisions of the sign ordinance on this issue. B. referred to "The City" brochure prepared by the Downtown Association and stated that the slogan "city with No Limits" should read "City with no District #3"; that the business district of Beneva and Fruitville Roads was not included in the brochure; that a brochure for which the City allocates $7,000 of funding from occupational licenses revenue should include reference to District #3 which represents 38% of the City of Sarasota; that the brochure also refers to the African/American community as a specific area of the City; that certain areas of the City should not be designated as specific, ethnic areas. COMMISSIONER CARDAMONE: A. stated that a comment was received from a citizen regarding the dangers associated with students, particularly in the vicinity of the Ringling School of Arts, soliciting in the street and on the U.S. 41 median for a car wash; that the citizen had previously witnessed students collecting donations for a cause by approaching vehicles in the street at another area of U.S. 41; that the safety of the students is of concern; that the city should discourage such a dangerous practice. Vice Mayor Merrill stated that the Sarasota High School Cheerleaders and the local firefighters union perform their fundraisers in that fashion. Commissioner Cardamone stated that the activity of students jumping around in the streets, waiving signs, etc., is dangerous. City Manager Sollenberger stated that the issue will be discussed with Gordon Jolly, Chief of Police Services Bureau, Public Safety Department. 23. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (0479) through (0494) CITY AUDITOR AND CLERK ROBINSON: A. stated that the meeting to canvass returns and declare by resolution the results of the 1995 Regular Municipal Election and to set a time certain for a meeting to swear in the elected candidates and reorganize the City BOOK 38 Page 11638 03/06/95 6:00 P.M. BOOK 38 Page 11639 03/06/95 6:00 P.M. Commission has been scheduled at 11:00 a.m., Wednesday, March 15, 1995. 24. ADJOURN (AGENDA ITEM XII) #4 (0495) There being no further business, Mayor Patterson adjourned the March 6, 1995, regular meeting at 10:58 p.m. lones Atason NORA PATTERSON, MAYOR CO A ATTEST: BLE Rabenson BILLY EOROBINSON, CITY AUDITOR AND CLERK