MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 17, 1993 AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Nora Patterson, Commissioners Fredd Atkins, Mollie Cardamone and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. CHANGES TO THE ORDERS OF THE DAY #1 (0025) through (0052) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Scheduled Presentations, Item No. V-2, Presentation Re: Plans, ideas and suggestions for converting the "North Avenue Corridor" into a prosperous, safe and attractive neighborhood, at the request of Robert Levy. B. Remove under Scheduled Presentations, Item No. V-3, Presentation Re: Police Radio Communication/Maintenance Contract, at the request of Luther A. Goff. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR APRIL 1993 = IDA "HAP" MCNEELY, SENIOR CLERK, FIRE/RESCUE SERVICES BUREAU #1 (0053) through (0195) Julius Halas, Fire/Rescue Services Bureau Chief, came before the Commission and introduced Ida "Hap" McNeely, Senior Clerk with the Fire/Rescue Services Bureau of the Department of Public Safety. Chief Halas stated that some employees grumble when given extra duties and tasks; however, others like "Hap" cheerfully accept the duties; that "Hap" deals extensively with the general public, Book 35 Page 9372 05/17/93 6:00 P.M. Book 35 Page 9373 05/17/93 6:00 P.M. insurance representatives, and officers of the court; that she is always dependable, eager to help, and willing to accept new responsibilities; that her attitude toward her responsibilities earned her the "Outstanding Customer Service Award" during the 1992 Employee Appreciation Week activities; that Service with Excellence and Pride is a way of life for "Hap" McNeely. Mayor Pillot presented Ida "Hap" McNeely with a plaque and certificate for Employee of the Month for April 1993 in appreciation of her unique performance with the city of Sarasota and congratulated her for her outstanding efforts. Mayor Pillot stated that in approximately ten days Chief Halas will receive a bachelor's degree in Management and congratulated him on this achievement. 3. PRESENTATION RE: CLYDE METCALF, SARASOTA HIGH SCHOOL SAILORS BASEBALL COACH #1 (0199) through (0350) Mayor Pillot introduced Clyde Metcalf, Head Coach of the Sarasota High School Sailors Baseball Team, and stated that Sarasota High School has once again reached the State Championship Finals; that the finals will be played for the first time in the Ed Smith Sports Complex in Sarasota. Mr. Metcalf and Patrick Calhoon, Sports Facilities Manager of Ed Smith Sports Complex, came before the Commission. Mr. Metcalf stated that on behalf of the Sarasota High School Sailors Baseball Team he wanted to make each of the Commissioners honorary Sailors for the weekend and presented each Commissioner with a team hat. Mr. Metcalf continued that the team wanted to thank the Commission for the use of the Ed Smith Sports Complex throughout the season as well as the Commission's commitment to bring the Florida High School Activity Association State Tournament to Sarasota. 4. APPROVAL OF MINUTES = APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF APRIL 26, 1993; MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 3, 1993 = APPROVED (AGENDA ITEM I) #1 (0359) through (0374) On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to approve the Minutes of the Special Sarasota City Commission Meeting of April 26, 1993 and the Minutes of the Regular Sarasota City Commission Meeting of May 3, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. BOARD ACTIONS (AGENDA ITEM II) #1 (0375) through (0376) There were no Board Actions. 6. CONSENT AGENDA NO. 1: ITEM 1 APPROVED ADMINIGTRATIONIS RECOMMENDATION TO DROP THESE MATTERS) WITH THE EXCEPTION OF THE REFERENCE TO GARAGE SALES : ITEMS 2, 3, 5 AND 6 = APPROVED; ITEM 4 = AUTHORIZED THE CITY MANAGER TO PUBLICIZE THE PROPOSED USES OF CDBG FUNDS, BOTH THOSE RECOMMENDED BY THE ADMINISTRATION AND THOSE THAT ARE NOT RECOMMENDED THAT HAVE ALREADY APPLIED; THAT OTHERS BE PERMITTED TO COME FORWARD WITH REOUESTS (AGENDA ITEMS III-A-1, -2, -3, -4, -5 AND -6) #1 (0377) through (2499) Mayor Pillot requested that Item 4 be removed for discussion. Commissioner Cardamone requested that Item 1 be removed for discussion. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Special Permit to Ronald E. and Tina Knepp for use of City-owned property abutting the Knepp's property located at 3800 Davis Boulevard 3. Approval Re: Expanded scope for negotiation of professional services, Urban Reclaimed Water Reuse Master Pumping Station and Transmission Main (R.F.P. #93-42) 5. Approval Re: Set for public hearing a proposed ordinance relating to the administration of the SHIP Program 6. Approval Re: Set for public hearing proposed Ordinance modifying Chapter 27 of the Sarasota City Code, Pollution, to comply with the EPA National Pollutant Discharge Elimination System Guidelines - Section 40 Code of Federal Regulations On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve Consent Agenda No. 1 Items 2, 3, 5, and 6. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 1. Report Re: Regulation of firewood cutting and placement of cut firewood on single-family or duplex properties; extension of setback to 100 feet to create open vistas to the bay; and limitations on garage sales Commissioner Cardamone stated that she would like the Commission to discuss limiting garage sales in the City because during her campaign many people had expressed concern about the abuse of their neighborhoods by people who held garage sales on a regular basis; that it appears that some people are holding garage sales as a regular form of business; that traffic and parking problems develop when people have frequent garage sales; that neighborhoods are disturbed when people arrive long before the advertised opening time of the garage sales; that from a merchant's point of view, if Book 35 Page 9374 05/17/93 6:00 P.M. Book 35 Page 9375 05/17/93 6:00 P.M. people are conducting business on a regular basis, they are required to have a City and County license and collect sales tax on items sold. Commissioner Merrill stated that he supports the direction of Commissioner Cardamone regarding multiple garage sales; however, he does not favor people being required to get a permit to hold a casual garage sale once a year; that if complaints are received about continuing garage sales, he feels regulation would be necessary. Vice Mayor Patterson stated that she suggests that if a person is to conduct more than one garage sale a year, a permit should have to be obtained and people should be limited to two permits a year. City Attorney Taylor stated that his office could formulate a regulation of garage sales; that he would like to confer with the Administration and present a recommendation on this that will not overburden the Administration to the Commission at its next regular meeting. City Manager Sollenberger stated that he feels the Commission would like to have some regulation of garage sales that is not burdensome to either the Administration or the citizens. Vice Mayor Patterson stated that she feels the issue of firewood is also a concern; that she has received many complaints from neighbors about the large piles of firewood at the corner of Osprey Avenue and Bayview Drive. Bill Hewes, Director of Building, Zoning, and Code Enforcement, came before the Commission and stated that his department has not been able to prove that firewood sales take place at the property on the corner of Osprey Avenue and Bayview Drive because there is never any advertising; that the property owner claims that the firewood is for his own use and that he gives firewood to his father and grandfather; that the problem is that the City cannot prove a firewood business is being run at this location. Vice Mayor Patterson stated that perhaps the City could regulate the amount of firewood someone can store on their property. Mr. Sollenberger stated that he thought two approaches had been previously discussed regarding a firewood ordinance as follows: (1) to limit the size of a woodpile and (2) to regulate that firewood cut on a certain property must be consumed on that property and not be removed; that limiting the size of woodpiles involves where the woodpiles can be placed, and their height and length. Vice Mayor Patterson stated that she does not believe Mr. Sollenberger's second suggestion would work. Berta Lefkovich, 4805 Rilma Avenue and Don Beede, 2905 Sequoia Lane, came before the Commission. Ms. Lefkovich stated that a garage "moving" sale has been going on in her neighborhood since at least May 8; that Don Beede had contacted her and told her that his daughter lives in Hattiesburg, Mississippi and Hattiesburg has a concise ordinance regarding garage, carport, yard, and rummage sales; that Mr. Beede had provided a copy of the ordinance Hattiesburg has; that Mr. Beede had informed her that State Sales Taxes are required by the Florida Department of Revenue's Sales and Use Rules if someone holds three or more of these types of sales in a 12-month period; that by State Law this means a person is conducting a business and is required to register as a dealer and collect and remit tax. Ms. Lefkovich continued that Hattiesburg's ordinance allows a person to hold two such sales for free; however, the first additional permit for a sale is $50.00, the second additional permit is $100.00 and all other additional permits are $200.00 each; that she would like to see Sarasota require $100.00 for the first additional, $200.00 for the second and $300.00 for all other additional permits for such sales. Mr. Beede confirmed that he had sent a copy of Hattiesburg's ordinance to Ms. Lefkovich; that he knows of signs advertising such sales that are put up and taken down weekly, one of which is in his neighborhood; that he has not made an official complaint regarding a yard sale; however, he believes that a solution should be offered if a problem develops and that is why he wrote to Hattiesburg, Mississippi to obtain a copy of the ordinance they have. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve Consent Agenda No. 1, Item 1, Administration's recommendation to drop these matters) with the exception of the reference to garage sales. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. Approval Re: Authorize the City Manager to publish the proposed uses for the 1993-94 Community Development Block Grant Funds; conduct a public hearing; and return to the City Commission on June 21st with citizens' comments Mayor Pillot stated that Mary Quillin had asked him to remove this item for discussion. The following individuals came before the Commission: Mary Ouillin, 407 Cocoanut Avenue, representing the Downtown North Community Center, stated that the Downtown North Neighborhood Association (DNNA) tries to find solutions to its community problems; that one of the things that is repeatedly requested is a Community Center, an area where resources can identify and address Book 35 Page 9376 05/17/93 6:00 P.M. Book 35 Page 9377 05/17/93 6:00 P.M. specific community problems; that she had filed for a Community Development Block Grant (CDBG) for a Downtown North Community Center and found out that the request had been denied because the money had already been allocated. Ms. Quillin presented to the Commission a paper titled 1993-94 CDBG Subgrantee Request" which she had compiled (a copy of which is on file in the Office of the City Auditor and Clerk). Ms. Quillin stated that the reason the request was turned down is stated in City Manager Sollenberger's Inter Office Memorandum dated May 7, 1993 because "The City has not established meeting and service sites for any other neighborhood group. It is our recommendation that the City not establish a precedent at this time. 9 Ms. Quillin continued that money has been established in neighborhoods for parks; that Newtown has a Community Center as well as King Academy and these address concerns of a community and Downtown North is asking for the same thing within its community. Ms. Quillin stated that the Administration is recommending $220,000 of CDBG funds be spent to demolish Central Gardens; that she is asking that the Administration locate funds for this demolition somewhere else and allow the $220,000 to be used to serve the people in the community for a Community Center, affordable housing, and owner-occupied rehabilitation programs. Vice Mayor Patterson stated that she understood that Ms. Quillin was anxious to see the Central Gardens project demolished and asked whether Ms. Quillin advocated fencing off Central Gardens until funds can be located from other sources to demolish it? Ms. Quillin stated that she feels that the Administration has not pursued all state and federal grants available for removing the asbestos problem at Central Gardens; that she had contacted people involved with HUD (Housing and Urban Development) and found that if the asbestos problem had been brought to HUD's attention before the sale closed, HUD would have gotten an EPA Environmental Protection Agency) grant or some type of funding to remove the asbestos; that she would like to see other monies found to demolish Central Gardens instead of taking CDBG money away from the community; but that she would like to see Central Gardens demolished. Bobbi Phillips, 1257 12th Street, representing the Downtown North Community Center, stated that she represents the Pioneer Park neighborhood and she feels that the children in the neighborhood need a place to go where they can have activities instead of being on the streets selling "crack" cocaine. James E. Spreitzer, 1300 6th Street, Apt. 1109, representing the Downtown North Community Center, stated that the residents of McCown Towers would like to be able to have a neighborhood where they could walk around safely after dark; that a Community Center would provide a way for the community to come together. Johnny Nugent, no address given, representing the Downtown North Community Center, stated that he was here to support his neighborhood; that if the City were to provide CDBG funds to the Downtown North area it would be the beginning of fairness being shown to their area because he does not feel the area has been getting "a fair shake.' Oueen Esther Curry, 624 Cohen Way, representing Cohen Way, stated that her neighborhood needs the backing of the City Commission and the County Commission because a place is needed for the children to go to have positive activities; that a Community Center is needed. Betty Ferguson, 864 Cohen Way, representing Cohen Way, stated that she would like to see the area around Cohen Way rebuilt into the nice area it once was; that an area is needed by the community where everyone can communicate together. Richard H. Creps, 908 Contento Circle, and Jud Boedecker, 1607 North Drive, representing Habitat for Humanity, came before the Commission. Mr. Creps stated that he found out that Habitat for Humanity's request for CDBG funds for $25,000 to make available three homes on Winton Avenue was turned down; that Habitat for Humanity had previously received $18,000 in CDBG funds; that the land on Winton Avenue was given to Habitat for Humanity in 1989 by the City because nobody else wanted it because at one time it was a lake and then it was used for a dump for a number of years; that the property was divided into seven lots; that three houses have been completed to date with a fourth house currently under construction. Mr. Creps continued that the City has never provided any type of stormwater access or catch basins for this property and asks that the City consider Habitat for Humanity's request for CDBG funds; that relief from the impact fees from both the City and the County would help greatly. Yolanda Halstead, 2276 E. Main Street, representing the Hispanic American Alliance, stated that she found out that the Hispanic American Alliance's request for CDBG funds was denied; that she does not understand why the Hispanic community always has its requests cut. Mayor Pillot stated that he owed everyone an apology because of forgetting Item 4 was for setting a public hearing rather than for a decision to be made tonight. Commissioner Merrill stated that there is never enough money to do all the good things in the world that need to be done and the Commission must always prioritize funds; that he believes the City should consider utilizing the CDBG funds for the top two goals the Commission has with regard to drainage plans rather than borrow money for these projects. Book 35 Page 9378 05/17/93 6:00 P.M. Book 35 Page 9379 05/17/93 6:00 P.M. Don Hadsell, Director of Community Development, came before the Commission and stated that regulations require that a public hearing be held; that there be a public notice of the recommended uses of the CDBG funds; and that there be a public comment period before the Commission decides its final actions. It was the consensus of the Commission to list the items recommended by Administration to receive the CDBG funds as well as those that are not being recommended when the public hearing is advertised. Commissioner Atkins stated that he has battled every year with CDBG funds to make sure they continue to be targeted toward the neighborhood the way the federal government intended the funds to be used; that rehabilitation of houses had been the primary goal of the Commission for the CDBG funds; that the Community House where the Gulf Coast World of Science Museum presently is located used to be the Community Center for the Downtown North neighborhood. Vice Mayor Patterson stated that she would like to request that the Administration, between now and the public hearing, determine whether the City would be eligible for any other grant monies for the Central Gardens demolition. Commissioner Cardamone asked whether it was too late for any other groups to request CDBG funds before the public hearing? Mr. Hadsell stated that other requests may be brought up at the public hearing. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to authorize the City Manager to publicize the proposed uses of CDBG funds, both those recommended by the Administration and those that are not recommended that have already applied; and that others are permitted to come forward with requests. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, yes; Pillot, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing process. Mr. Robinson stated that at this time the 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; that he will time speakers and advise them when they have 1 minute remaining. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3698, AMENDING ARTICLE XVI OF THE ZONING CODE PERTAINING TO THE PUBLIC ART PROGRAM OF THE CITY OF SARASOTA; REVISING THE PUBLIC ART PROGRAM TO REQUIRE THAT ALL NEW OR SUBSTANTIALLY IMPROVED COMMERCIAL STRUCTURES OR PUBLIC STRUCTURES LOCATED IN THE CITY PROVIDE PUBLIC ART INCIDENT TO DEVELOPMENT AS MORE FULLY SET FORTH HEREIN OR MAKE A CONTRIBUTION TO THE PUBLIC ART FUND IN LIEU THEREOF; AMENDING THE DUTIES, RESPONBIBILITIES. AND ÇOMPOSITION OF THE PUBLIC ART COMMITTEE; DEFINING TERMS; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PUBLIC HEARING OPENED AND POSTPONED UNTIL AFTER THE BUDGET HEARINGS ARE COMPLETED (AGENDA ITEM IV-1) #1 (2543) through (2676) City Manager Sollenberger stated that he recommends continuing this public hearing until after the budget has been adopted so that it will be known how many resources are available to administer this program. Jane Robinson, Director of Planning and Development, came before the Commission and stated that the procedure has been that the Public Art Committee and the Administration made recommendations; that a consultant prepared an Aesthetic Enrichment Plan; that since this is resource intensive, it is being recommended that this public hearing be continued until after the budget has been adopted in order to know how many resources will be available; that the - consultant and Public Art Committee have been told this. Commissioner Merrill asked why this item was on the agenda tonight? Ms. Robinson stated that this public hearing was originally scheduled for February and the Commission had asked that a more detailed list of recommendations be prepared sO each item could be voted on independently; that since tonight's agenda was not heavy, it had been scheduled for tonight. Mayor Pillot opened the public hearing. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to postpone the public hearing on proposed Ordinance No. 93-3698 until after the budget hearings. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3702, EXTENDING THE APPROVAL OF THE CITY COMMISSION PERTAINING TO THE SITE AND DEVELOPMENT PLAN FOR PETITION 91-D FOR A PERIOD OF ONE (1) YEAR FROM THE AUTOMATIC EXPIRATION OF SAID APPROVAL, PROVIDING FOR THE CONTINUATION OF THE CONDITIONAL REZONING FROM OPB ZONE DISTRICT TO CRT ZONE DISTRICT FOR A PERIOD OF ONE (1) YEAR MEASURED FROM THE AUTOMATIC EXPIRATION OF SITE AND DEVELOPMENT PLAN 91-D THE FOLLOWING DESCRIBED PROPERTY: LOTS 10, 11, 15, 16, 17, AND 18, SUB OF LOTS 4, 6, AND 8, BLOCK Y, AND 10 FEET OF VACATED ALLEY LYING NORTH OF LOTS 15 AND 18, PLAT OF SARASOTA SUBDIVISION AS RECORDED IN PLAT BOOK A, PAGE 6, Book 35 Page 9380 05/17/93 6:00 P.M. Book 35 Page 9381 05/17/93 6:00 P.M. PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, ALSO KNOWN AS ROSEMARY COURT, AS MORE PARTICULARLY DESCRIBED HEREIN; SETTING FORTH FINDINGS AS TO THE CIRCUMSTANCES OF THE AUTOMATIC EXPIRATION OF PETITION 91-D; SETTING FORTH AMENDMENTS TO THE CONDITIONS CONTAINED IN SECTION 3 OF ORDINANCE NO. 92-3590 PERTAINING TO SAID REZONING; REPEALING ORDINANCES IN CONFLICT: ETC. (TITLE ONLY) = FOUND THE ADMINISTRATIVE OFFICE SPACE TO BE USED BY THE COMMUNITY HOUSING CORPORATION OF SARASOTA CONSISTENT WITH THE CRT ZONE DISTRICT; PASSED ON FIRST READING WITH THE ADDITION OF OFFICE USE (AGENDA ITEM IV-2) #1 (2678) through #2 (0101) Jane Robinson, Director of Planning and Development, came before the Commission and stated that this petition was for a veterans' residence a couple of years ago; however, another applicant has stated that they would like to put an artists' colony into this location at Rosemary Court on Central Avenue; that the Planning Board/Local Planning Agency approved the new proposal and the applicant is present; that the Administration recommends that the site plan be approved and that the extension be granted; that it is also requested that an office use be included in this proposal; that the Planning Board did not see the proposal for the office use; however, this use is a permitted use in a CRT (Commercial Residential Transition) Zone District. Commissioner Cardamone asked why the Planning Board had not seen the proposal for office use? Ms. Robinson stated that the applicant expressed a desire for the office use after the Planning Board had already reviewed the plans. City Attorney Taylor stated that these plans went through the Planning Board for a finding of consistency with the Comprehensive Plan and since the finding of consistency did not include the office use, a finding of consistency should be found on the office use also if it is the Commission's desire to add this to the ordinance. John O. Doggett, petitioner, representing CDOVA (Creative Development of Visual Arts) Foundation, Inc., and Roger Morris, owner of the property, came before the Commission. Mr. Doggett stated that CDOVA is in the process of establishing a visual arts district and bringing in the community to assist with this; that CDOVA is in the process of conducting free art Classes to children in the area; that the offices that are being requested are for the Community Housing Corporation of Sarasota (CHC) who has a project on Cohen Way; that an African Cultural Center is also included that will be teaching the lost arts of Africa. Mr. Morris stated that he is impressed with Mr. Doggett and his associates; that based on this he is allowing CDOVA to use the premises for the first year for $1.00 to assist in what they want to accomplish; that he feels the property will be an asset to the City to have these historical buildings used rather than having them boarded up or demolished. Ms. Robinson stated that the Planning Board reviewed and approved all of the plans except the administrative office for the CHC to be in the Mason House at 800 Central Avenue. Mayor Pillot opened the public hearing. Jack Conway, P.O. Box 339, representing the Community Housing Corporationof Sarasota, came before the Commission and stated that he feels this is a good opportunity for the CHC to occupy offices in Rosemary Court. Mary Ouillin, 407 Cocoanut Avenue, came before the Commission and stated that CDOVA has come into the Downtown North community and has given a bright ray of hope on Central Avenue; that CDOVA is a wonderful addition to the neighborhood. There was no one else who wished to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3702 by title only. On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to find the administrative office space to be used by the Community Housing Corporation of Sarasota consistent with the CRT Zone District. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to approve proposed Ordinance No. 92-3702 on first reading. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 93R-654) ADOPTED; ITEM 2 (RESOLUTION NO. 93R-655) = ADOPTED; AND ITEM 3 (ORDINANCE NO. 93-3691) - ADOPTED (AGENDA ITEMS III-B-1, -2, AND -3) #2 (0102) through (0157) City Auditor and Clerk Robinson read proposed Resolution Nos. 93R-654 and 93R-655 and proposed Ordinance No. 93-3691 by title only. 1. Adoption Re: Proposed Resolution No. 93R-654, rescinding a certain resolution of the City Commission dated May 16, 1960; rescinding the dedication of a thirty foot strip of property described with more particularity herein; Book 35 Page 9382 05/17/93 6:00 P.M. Book 35 Page 9383 05/17/93 6:00 P.M. providing for the recording of this resolution in the official records of Sarasota County, Florida; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 93R-655, authorizing the filing of a grant application for $990,000.00 of Federal funds from the Intermodal Surface Transportation Efficiency Act (ISTEA) Program; (Title Only) 3. Adoption Re: Second reading of proposed Ordinance No. 93-3691, amending Article VIII, Division 6 of the zoning code to allow houses of worship as a permitted principal use in the neighborhood shopping center (CSC-N), Community Shopping Center (CSC-R) Zone Districts as set forth herein; setting forth findings as to intent and purpose; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 2 Items 1 through 3. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Merrill left the Commission Chambers at 7:32 p.m. 10. SCHEDULED PRESENTATIONS PRESENTATION RE: STATUS OF DEVELOPING THE 181 ACRES OF CITY LAND ALONG DR. MARTIN LUTHER KING, JR. WAY, EAST OF U.S. 301 = APPROVED HAVING THIS ITEM PLACED ON THE AGENDA OF THE REGULAR CITY COMMISSION MEETING OF JUNE 7, 1993 (AGENDA ITEM V-1) #2 (0158) through (0525) City Manager Sollenberger stated that this is an item that has been before the Commission in the past regarding making the 185 acres of City land along Dr. Martin Luther King, Jr. Way available to the Community Housing Corporation of Sarasota (CHC); that the CHC has proceeded to obtain a predevelopment grant from the State of Florida in the amount of $500,000 to be used in conjunction with the property; that the CHC has to have some security, namely the property; that he recommends that this item be placed on the agenda for the Commission's next meeting to take formal action to transfer the property to CHC subject to approval of CHC's plans for the property prior to any development of the property. Jack Conway, President/CEO of the Community Housing Corporation of Sarasota (CHC), came before the Commission and stated that the RFP (Request for Proposal) that was approved by the Commission in October 1991 assumed the transfer of land to the developer of the 181 acres; that a Level One Environmental Study has been undertaken of the land to determine whether there are any environmental problems that exist that need to be faced before any transfer of land occurs. Mr. Conway continued that the CHC proposes to build freestanding houses with a minimum of three bedrooms, two bathrooms and a garage with lots to be a minimum of 5000 square feet; that 3 to 34 acres will be reserved for community purposes such as a child care center or a library. Commissioner Merrill returned to the Commission Chambers at 7:35 p.m. Mr. Conway stated that the CHC's objective is to make the site developable and that is the purpose of the predevelopment loan; that the first step will be a site plan which would go through the regular review process with final approval by the Commission. Vice Mayor Patterson stated that she feels the city needs to protect itself against the possibility of the CHC being unsuccessful in meeting the terms of the loan to develop this land; that she feels the federal government would take possession of this land with no restrictions as to what might be done with the land; that she feels the City needs to address this issue by placing some deed restrictions on this land before it is deeded to the CHC to protect the City as to what could be done with this land in the future. Mr. Conway stated that this is not a program of the federal government but rather the state government; that the CHC could write into the transfer of the land whatever protections the City feels is necessary. Vice Mayor Patterson stated that she understood that deed restrictions attach to the land and is placed in the Public Records. City Attorney Taylor stated that a document has been prepared by the attorney for the CHC to address this concern and to be reviewed with the Administration that basically places subdivision restrictions on this land. It was the consensus of the Commission to have this issue placed on the agenda of the Regular City Commission Meeting of June 7, 1993. 11. SCHEDULED PRESENTATIONS - PRESENTATION RE: PLANS, IDEAS AND SUGGESTIONS FOR CONVERTING THE "NORTH AVENUE CORRIDOR" INTO A PROSPEROUS, SAFE AND ATTRACTIVE NEIGHBORHOOD = REMOVED UNDER CHANGES TO THE ORDERS OF THE DAY (AGENDA ITEM V-2) #2 (0525) through (0526) This item was removed from the agenda in the Changes to the Orders of the Day. Book 35 Page 9384 05/17/93 6:00 P.M. Book 35 Page 9385 05/17/93 6:00 P.M. 12. SCHEDULED PRESENTATIONS PRESENTATION RE: POLICE RADIO COMMUNICATION/MAINTENANCE CONTRACT = REMOVED UNDER CHANGES TO THE ORDERS OF THE DAY (AGENDA ITEM V-3) #2 (0526) through (0527) This item was removed from the agenda in the Changes to the Orders of the Day. 13. CITIZENS' INPUT (AGENDA ITEM VI) #2 (0528) through (0721) Shannon Snyder, 2440 Arlington Street, came before the Commission and stated that two weeks ago he came to the Commission with his concern about certain impact fees the City requires; that he wishes to recognize that his problem was resolved positively and in a timely manner by City Manager Sollenberger and his Staff. Mr. Snyder continued that he is still concerned with the manner in which impact fees are calculated in the City; that the difference between the impact fees required by the city and County is obvious; that the City's cost estimate to upgrade the water meter from 5/8" to 1" was $4,025 while the County would charge only $125 for the same procedure. Mr. Snyder distributed to the Commission a copy of his Utility Cost Estimate Application from the City and a copy of a letter from Sarasota County's Utilities Department dated May 4, 1993 (copies of which are on file in the Office of the City Auditor and Clerk) which verified these charges. Mr. Snyder stated that he realized the City must have a revenue generation for maintenance of the water and sewer system; however, he feels the City should re-evaluate this because of the counter productive effects it has on redevelopment Citywide. City Manager Sollenberger stated that the Administration will look into this matter. Vice Mayor Patterson asked whether the Administration would provide a report on this issue to the Commission? Mr. Sollenberger stated that a report on this issue will be given to the Commission. Mayor Pillot stated that if the other members of the Commission agreed, he suggests that the items under Unfinished Business be taken in a different order to enable citizens waiting to address the Commission to be taken first. It was the consensus of the Commission to do as Mayor Pillot suggested. 14. UNFINISHED BUSINESS - DISCUSSION RE: PINECRAFT FIRE CONTROL DISTRICT INTERLOCAL AGREEMENT FOR THE CITY TO PROVIDE FIRE SUPPRESSION EQUIPMENT PERSONNEL AND EMERGENCY MEDICAL SERVICES FOR THE PERIOD OCTOBER 1, 1993 TO SEPTEMBER 30, 1994 IN THE AMOUNT OF $50,326 PAYABLE QUARTERLY IN ADVANCE = APPROVED INTERLOCAL AGREEMENT FOR ONE YEAR (AGENDA ITEM VII-3) #2 (0771) through (1784) City Manager Sollenberger stated that an Interlocal Agreement had been prepared which was submitted to the Pinecraft Fire Control District. Julius Halas, Fire/Rescue Chief, and Gibson Mitchell, Director of Finance, came before the Commission. Vice Mayor Patterson asked how many homes in the Pinecraft Fire Control District are being served by the City's Fire/Rescue Services Bureau? Chief Halas stated that 488 residences and 14 commercial buildings are served. Mr. Mitchell stated that the Finance Department had been asked to develop a methodology that would sell the Fire/Rescue Bureau's services that would closely align with what the City's taxpayers pay; that the first part of the Service Fee is based on a readiness-to-serve cost as follows: SERVICE FEE FIRST PART 1992-93 General Fund Budget $34,657,946 Fire Department Budget 9,084,911 Ratio 26.21% 1992-93 Total Ad Valorem Millage 6.518m Multiplied by Fire Ratio 26.21% "Fire" ad valorem rate, 1.7083m 1992 Pinecraft Fire Control District Net Assessed Valuation for SFR (single family residence) $16,753,300 Multiplied by "Fire" ad valorem rate 1.7083m Fire Service Fee SFR only $28,619.66 1992 Pinecraft Fire Control District Net Assessed Valuation for Commercial $1,790,784 Multiplied by Fire" ad valorem rate 1.7083m Fire Service Fee for Commercial only $3,059.20 Total Readiness-To-Serve Service Fee $31,678.86 Mr. Mitchell stated that the second part of the Service Fee is based on the cost of a fire service run as follows: SERVICE FEE SECOND PART Average Number of Runs for Pinecraft the past 3 years 55 1992-93 Cost of a Fire Run $339.03 Multiplied by Anticipated Runs 55 Total Service Fee for Fire Runs $18,646.55 Book 35 Page 9386 05/17/93 6:00 P.M. Book 35 Page 9387 05/17/93 6:00 P.M. FIRST PART READINESS-TO-SERVE SERVICE FEE $31,678.86 SECOND PART COST OF ANTICIPATED RUNS SERVICE FEE 18,646.55 TOTAL CHARGE TO PINECRAFT FIRE CONTROL DISTRICT $50,325.51 Vice Mayor Patterson stated that by policy, some homes in the City subsidize services of other homes; that if an area (City or County) is selected that has property that is assessed fairly low by virtue of the $25,000 Homestead Exemption, those residents' services will be subsidized by City residents; that she does not feel it makes sense for the City to subsidize County residents further than it already does with regard to Sheriff Road Patrol and some other issues. Commissioner Merrill stated that the Pinecraft Fire Control District would pay slightly more if the County were to provide fire service to them. Chief Halas stated that the $50,325.51 represents nearly a 100% increase over the prior existing contract; that Pinecraft would pay ambulance transport fees the same as other residents in addition to the $50,325.51; that the Pinecraft Fire Control District has affirmed in the contract that if a tourist is in their district and has an automobile accident and the City's Fire/Rescue Department transports them to the hospital, Pinecraft will pay the ambulance transport fee if payment is not made by the individual; that due to the large increase proposed in the Interlocal Agreement, Pinecraft has requested an opportunity to discuss some issues with the Commission prior to signing the Agreement. Commissioner Merrill asked which fire station would handle Pinecraft? Chief Halas stated that generally the Beneva Road fire station would respond to Pinecraft; that one reason Pinecraft has a fire protection agreement with the City is because the response time is better than what the County can provide; however, the County has a fire station included in a long-range plan that would be located on the corner of McIntosh Road and Bahia Vista Street, but it wouldn't be built for a minimum of three or four years; that when this station is built, it will be closer to Pinecraft than the City's Beneva Road station. Chief Halas introduced Milton Yoder as the chairperson of the Pinecraft Fire Control District. Milton Yoder, 3415 Hacienda Street, representing Pinecraft, came before the Commission and stated that he wanted to thank the City Fire Department for the good service and good relationship they have had with Pinecraft for quite a few years; that the response times have been great. Mr. Yoder stated further that when Pinecraft contracted with the City, it was with the understanding that Pinecraft would be considered for annexation in order to receive connection to the sewer system; however, this attempt has dead-ended. Mr. Yoder continued that there are sewers on all four sides of Pinecraft but they have been unsuccessful in getting sewers for their community; that he would like to plead for annexation consideration if Pinecraft signs the proposed Interlocal Agreement. Commissioner Merrill asked what the dead-end was? Mr. Yoder stated that a study had been conducted and the results were that it was not feasible. Mayor Pillot asked City Manager Sollenberger to present a report to the Commission on the pros and cons of annexation of Pinecraft. Mr. Sollenberger stated that the issue could be re-examined from several different aspects and that the Staff will look at the potential. Vice Mayor Patterson stated that she suggests to the Administration that the inquiry be twofold, to look at both the feasibility of annexation or the feasibility of providing water and sewer, depending on the values of the properties in Pinecraft. Commissioner Cardamone stated that she feels the City should explore the possibility of annexing Pinecraft because she believes it would be an opportunity to do away with the septic tanks in an area which is close to Phillippi Creek, which drains into Sarasota Bay; that she thinks the unique characteristics of Pinecraft should be considered and she feels it would be a nice part of the City. Mayor Pillot stated that he agreed. Vice Mayor Patterson stated that when she was going over the figures with Mr. Mitchell and Chief Halas, she noticed that all of the single-family neighborhoods are to some extent subsidizing the commercial areas in the City; that she feels this should be analyzed because she thinks that many of the false alarms that are generated in the commercial areas are generating high costs for the Fire Department as opposed to the runs to the single-family homes. Commissioner Merrill stated that he believes the same would hold true for the costs of the Police Department; that even based on valuation, he feels the commercial areas use the Fire and Police more than the single-family residential areas. Chief Halas stated that he wanted to point out to the Commission that the Interlocal Agreement has not yet been signed because there is some question as to Pinecraft's ability to pay the higher fee; that Pinecraft has requested that this Agreement go into effect October 1, 1993, which would allow a higher assessment to be made in July. Mr. Sollenberger stated that Pinecraft is in the middle of their fiscal year and have budgeted their finances based on the old service rate; that he recommends that the Commission approve the Book 35 Page 9388 05/17/93 6:00 P.M. Book 35 Page 9389 05/17/93 6:00 P.M. Interlocal Agreement for one year from October 1, 1993 through September 30, 1994. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve the Interlocal Agreement between the City of Sarasota Department of Fire/Rescue and the Pinecraft Fire Control District for one year. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. UNFINISHED BUSINESS APPROVAL RE: TREE PROTECTION CONSISTENCY FOR PETITION NO. 92-CO-04 AND REVISED PRELIMINARY SITE AND DEVELOPMENT PLAN 92-F FOR RINGLING SCHOOL OF ART AND DESIGN = AFFIRMED THE APPROVAL OF THE PLANNING BOARD/LOCAL PLANNING AGENCY (AGENDA ITEM VII-4) #2 (1786) through (2082) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the site plan the Commission has for the Ringling School of Art and Design is a revised site plan; that the original plan had fewer dormitory units and did not have the benefit of a consistency finding per the Tree Protection Ordinance; that the Planning Board/Local Planning Agency approved the increase in dormitory units and the plan relative to the Tree Protection Ordinance. Peter Schneider, Deputy City Manager, stated that the Administration recommends that the Commission affirm the approval of the Planning Board/Local Planning Agency. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to affirm the action (approval) of the Planning Board/Local Planning Agency. Vice Mayor Patterson stated that Ron Annis of the Planning Board had contacted her because his was the one dissenting vote on this issue; that she feels that several rather large oak trees will be located so close to the buildings that she believes the trees will be saved in name only because they will be so severely cut back to allow for the construction of the buildings. Donald M. Lawson, AIA, came before the Commission and stated that the objective is to make the buildings fit among the trees so as not to disturb the aesthetic value of the quality of the trees; that there are some physical limitations because of trying to save so many trees; that the buildings were designed to work among the trees so that the upper floors will be in a canopy. Mayor Pillot asked if the trees are going to survive if the buildings are built according to this site plan? Mr. Lawson stated that it cannot be guaranteed that all of the trees are going to survive; that the best job that can be done to ensure the trees survive will be done; that special considerations are being made for the foundations of the buildings so that they will span over the root systems of the trees. Mr. Lawson continued that Joe Cooley, landscape architect, has done an analysis of the limbs that need to be cut and how the limbs will begin to grow back toward the buildings which will allow shaping the trees to encompass the buildings over a period of time; that a significant amount of the budget is being spent to make the buildings accommodate the trees. Mayor Pillot called for the vote on the motion. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, no; Pillot, yes. 16. UNFINISHED BUSINESS - APPROVAL RE: KEN THOMPSON PARK = GATEWAY ENTRANCE = TO BE PLACED ON THE AGENDA FOR THE SPECIAL CITY COMMISSION MEETING OF MAY 24, 1993 (AGENDA ITEM VII-6) #2 (2083) through (2784) Dennis Daughters, City Engineer, came before the Commission and displayed a layout of Ken Thompson Park and stated that it was felt that the best location for the entrance sign would be next to the access road to the boat ramps. Commissioner Atkins stated that he thought the entire piece of land at this location was Ken Thompson Park and not just the part where the boat ramps and actual park are; that he feels the sign should be placed at the entrance to the park at John Ringling Parkway. Mayor Pillot stated that he agreed with Commissioner Atkins because thousands of people go to Mote Marine Laboratory and the Pelican Man's Bird Sanctuary and they would not be able to see the sign if it is placed where Mr. Daughters has suggested. Commissioner Cardamone stated that she also agreed with Commissioner Atkins; that she would prefer a site at the entrance to the entire piece of City-owned land called Ken Thompson Park. Commissioner Merrill stated that he believes that the sign should be visible from John Ringling Parkway. Jack Whelan, landscape architect, came before the Commission and stated that he agrees with the Commission on the placement of the sign to identify the entire piece of land; that the sign was designed for the location Mr. Daughters had suggested and the sign will need to be redesigned for a different site. It was the consensus of the Commission to have the entrance sign at Ken Thompson Park located Close to John Ringling Parkway. Book 35 Page 9390 05/17/93 6:00 P.M. Book 35 Page 9391 05/17/93 6:00 P.M. Mayor Pillot asked what the earliest date would be on which this completed project could be dedicated? Mr. Whelan stated that he feels that if he could come back to the Commission next week with a new sketch and proposal, the project could be completed and dedicated by the Fourth of July. It was the consensus of the Commission to place this item on the agenda for the Commission's Special Meeting of May 24, 1993. Mr. Daughters stated that there is no lighting included with this sign as presently proposed. Commissioner Merrill stated that he feels the Commission should consider lighting for the sign. It was the consensus of the Commission to have the proposal for the Ken Thompson Park sign include lighting. 17. UNFINISHED BUSINESS - APPROVAL RE: MOTE MARINE MAMMAL REHABILITATION PROJECT FINAL SITE PLAN - APPROVED THE ADMINIETRATION'S RECOMMENDATION AS PER DEPUTY CITY MANAGER' 8 MEMO DATED MAY 17, 1993; THAT ANY DEVIATIONS FROM THIS RECOMMENDATION WOULD BE PRESENTED TO THE COMMISSION (AGENDA ITEM VII-7) #2 (2785) through #3 (0451) City Manager Sollenberger stated that this is for final approval on the site plan; that the Deputy City Manager has worked closely with Mote Marine Laboratory on this and will present this item. Kumar Mahadevan, Ph.D., Executive Director of Mote Marine Laboratory, came before the Commission. Peter Schneider, Deputy City Manager, stated that when the site plan was developed, there were several items with which the Administration was uncomfortable; that Staff met with Mote Marine Laboratory representatives Larry Webber (engineer) and Art Mead (architect) today; that the issues of concern and recommendations are as follows: - SWFWMD Permit Mr. Schneider stated that Mote Marine Laboratory has applied for a permit from SWFWMD (Southwest Florida Water Management District) and have not received the permit yet; that under normal circumstances the City would not issue building permits until the permit is issued by SWFWMD; that Staff recommends that the Commission allow Mote Marine Laboratory to begin site work; however, structural work will not begin until building permits have been received from the City and any site work undertaken at this time is at the sole risk of Mote Marine Laboratory. Performance Bond Mr. Schneider stated that the City will not waive the performance bond unless an alternative mechanism can be found that is acceptable to the City and Mote Marine Laboratory that assures the City that its financial interests will be protected. Mr. Schneider stated that it is the recommendation of Staff that the site plan should be approved subject to the following changes: two entry access points instead of one, as originally preferred by City Staff; the retention area be moved 30 feet away from the seawall to maintain public access along the seawall to the fishing piers. Mr. Schneider stated that there was discussion about Mote Marine Laboratory's need of a 20 to 30 foot restricted area to allow for the intake system for the lagoon and the tanks and for the transport of injured mammals from boats to the rehabilitation area; that Staff agrees with this restricted area to protect the intake system and the injured mammals. Mr. Schneider stated further that Mote Marine Laboratory will consider having a wooden walkway constructed along the seawall with railings to maintain access to the fishing piers; that this would allow Mote to maintain the proposed retention area. Dr. Mahadevan stated that Mote's concern is that if there are dolphins in the lagoons, the area will need to be secured; however, Mote will work with the City to make sure public access is maintained. Dr. Mahadevan continued that the performance bond will add approximately, $15,000 to $20,000 to the cost of the project; that Mote is willing to work with the City Attorney to provide the City the necessary assurances that protective measures will be taken; that Mote has set up a system whereby when Mote pays the contractor (Willis A. Smith Construction, Inc.) that a confirmation of payment is made to all the subcontractors as well; that within ten days the contractor will provide Mote proof of payment to all the subcontractors. Vice Mayor Patterson stated that since Mote Marine Laboratory is on City-owned land, the City will be at risk unless Mote provides an alternative protection. City Attorney Taylor stated that there are two issues that relate specifically to the work done on the City-owned property; that Mote Marine Laboratory's lease has a provision that a payment and performance bond in a statutory form designed to apply to public projects be supplied in the event of substantial construction on the leasehold; that the lease also has a provision about the escrow of full cost of such construction; that his perspective of these provisions is that it ensures that Book 35 Page 9392 05/17/93 6:00 P.M. Book 35 Page 9393 05/17/93 6:00 P.M. the City will not be involved in a lawsuit should there be a problem on the job with a disgruntled subcontractor who has not been paid or paid properly; that the statutory bond is important because public-owned land is exempt under the Florida Statutes from a mechanic's lien. Commissioner Merrill stated that he would like to see that the City does not deviate from its normal policies on protecting itself because he does not want the Commission to have to determine who is credible and who is not. Mayor Pillot asked whether there is an alternative that would hold the City harmless from lawsuits without costing Mote Marine Laboratory $15,000 to $20,000 for the performance bond? City Attorney Taylor stated one alternative would be an escrow of money, and another alternative would be some form of a security, either a bond, a letter of credit, or an insurance policy, each of which cost something to obtain. Mayor Pillot asked whether the City, if the Commission and the Administration agree, could say that it would support an alternative to the expensive performance bond if it meets the satisfaction of the City Manager and the City Attorney; that absent that satisfaction, the City would revert back to requiring the performance bond? Mr. Sollenberger stated that the Administration's recommendation is that the City would require the bond unless a satisfactory alternative could be worked out; that the City Attorney and he would have to both be satisfied that the alternative would serve the City's purposes. Vice Mayor Patterson stated that she does not have a problem with seeking an alternative; however, it should not be an alternative that the City would not accept for another petitioner, because it would put the Commission in the position Commissioner Merrill described of the Commission having to evaluate who is credible and who is not; that she is concerned as to what is defined as "public access" before a motion is presented; that she does not believe that a small walkway by the Bay is sufficient for the public but 30 feet sounds reasonable to her. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to approve the Administration's recommendation as per Deputy City Manager's memo dated May 17, 1993 (a copy of which is on file in the Office of the City Auditor and Clerk) i that any deviations from this recommendation would be presented to the Commission. Commissioner Cardamone stated that she agreed with Commissioner Merrill's comment regarding a blanket policy that deals with bonds and construction on City-owned land so that anyone who comes before the Commission knows what is expected. Mayor Pillot stated that he does not have a problem with the Commission evaluating the people using City land; that Mote Marine Laboratory has proven its financial security over the years and its international import and he has no problem setting it aside from others and the precedent of looking at Mote's situation different from others. Dr. Mahadevan stated that June 2, 1993 has been set for the ground breaking for the facilityi that he hopes the members of the Commission will be able to be present. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. It was the consensus of the Commission to move the item under New Business ahead of the items under Unfinished Business that had not been discussed since a member of the public was waiting for this issue. 18. NEW BUSINESS = APPROVAL RE: RENEWAL OF LEASE AND CONCESSION AGREEMENT FOR MAIN STREET DEPOT = LEASE RENEWED FOR FIVE YEARS (AGENDA ITEM VIII-1) #3 (0458) through (1129) City Manager Sollenberger stated that the Administration recommends the renewal of the option under the lease between the City and Main Street Depot, Inc. (Ernest Ritz); that he believes that the salient paragraph is #4 of the lease, particularly the last sentence, "Tenant acknowledges that the decision whether to grant any renewal of this Agreement shall be contingent upon Tenant's substantial compliance with all of the terms and conditions of this Agreement as determined by the City Commission and the City Manager. Mr. Sollenberger stated that in his opinion Mr. Ritz has been in substantial compliance with the terms of the Lease Agreement; that when the City has had variance with Mr. Ritz and brought the issues to his attention, Mr. Ritz has made corrections; that he recommends the option for renewal. Devin Rutkowski came before the Commission and stated that he has read the lease; that some problems have occurred at the Main Street Depot in the past and a lot of those problems have been alleviated with the hiring of off-duty police officers as well as a more aggressive hands-on management from the lessee; that he feels a reoccurring problem that affects his downtown neighborhood (Laurel Park) and the Downtown North neighborhood is the amplified music; that he realizes the use of amplified music is a special permit and has nothing to do with the lease; however, he believes the special permit is up for renewal also. Mr. Rutkowski stated that there have been attempts to have the amplified music rectified, to no avail at this point; that he feels the Commission needs to address this issue. Mr. Rutkowski continued that he feels the language of Book 35 Page 9394 05/17/93 6:00 P.M. Book 35 Page 9395 05/17/93 6:00 P.M. the lease handicaps the lessee a great deal in controlling what takes place in the environment of the Main Street Depot; that, for example, anyone walking down the street can use the public rest rooms; that he feels it is great that Sarasota has the ability to offer residents everything from a play at the Asolo Theater to live music at the Main Street Depot. Mr. Sollenberger stated that he has received complaints from several people in Mr. Rutkowski's neighborhood about the amplified music; that he has talked to the Police Department and has obtained police reports and has scheduled a meeting with Mr. Ritz to go over the issue of amplified music; that the amplified music permit extended to Mr. Ritz relates to music after 10:00 p.m. and extends the music until 12:00 p.m. Vice Mayor Patterson stated that her husband has in the past represented Mr. Ritz and probably will again in the future, but that he withdrew quite some time ago from representing Mr. Ritz in anything that involves dealing with the City; therefore, she understands that it is appropriate for her to vote on any issue involving Mr. Ritz. Vice Mayor Patterson continued that she has attended some of the concerts held at the Main Street Depot and there isn't anyone immediately surrounding the area for the music to disturb; that she feels the problem is not the amplified music per se, but that it is "extremely" amplified; that she knows that hundreds of people are enjoying the concerts and before the City decides to cancel Mr. Ritz's permit for amplified music from 10:00 to 12:00 p.m., she feels Mr. Ritz should be given an opportunity to reduce the amplification and see if Laurel Park and Downtown North find it acceptable. Mr. Rutkowski stated that he agreed and feels that Vice Mayor Patterson's idea is a good one; that he believes the neighborhoods will be agreeable if a level of music is found that would be acceptable to both parties. Vice Mayor Patterson stated that she felt Mr. Rutkowski was also asking for some commentary from Mr. Sollenberger regarding the language of the lease that restricts the Main Street Depot; that the City had gotten a request from Mr. Ritz to change some of the terms of the lease; that at the time of the request there was some rancor on the part of the Commission for what was perceived as violations of the lease that she assumes have been corrected; that perhaps after the Commission renews this lease, the City might want to continue talks about the issues Mr. Rutkowski has mentioned. Mayor Pillot stated that if the City Manager wishes to recommend to the Commission that the lease be modified along the lines of what Mr. Ritz may wish, the Commission will consider changes at that time. Mr. Sollenberger stated that the Main Street Depot's lease was patterned after a lease the City had in place with O'Leary's Sarasota Sailing School (Island Park) ; however, it was found that O'Leary's lease had some flaws in it which were removed; that he believes that a concessioner needs to have greater site control over the premises which would help the concessioner meet the kinds of standards that the Commission has in mind; that if Mr. Ritz is interested in discussing changes to the lease, he is willing to do so. Commissioner Atkins stated that one of the reasons why a lot of the conditions are in the lease is because the Commission wanted to maintain the space as publicly as possible; that one of the problems of the downtown's business owners was that there weren't any public facilities downtown; that is why the Commission kept the facilities open for public use at the Main Street Depot site; that he still agrees with these conditions since there aren't any other public facilities available. Vice Mayor Patterson stated that she read that the Director of SCAT (Sarasota County Area Transit) was going to request that the County Commission make some improvements at the bus transfer facilities on Lemon Avenue and it may be that the County can be persuaded to participate in, or take over providing some public rest room facilities in conjunction with the bus transfer facilities, because she feels the bus station generates a lot of the need for rest room facilities. Commissioner Merrill stated that he agrees that the issue is control; however, he is not certain the leaseholder will control the area the way the Commission would want it controlled; that he does not believe the problems are caused strictly by the lease; that he feels an organization reflects the top person and if the Main Street Depot has been reflecting the top person, then he does not believe it will change; however, he would support some changes to the lease on a trial basis. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to renew the lease per the City Manager's recommendation. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 19. UNFINISHED BUSINESS - APPROVAL RE: IN-KIND SERVICES FOR JUNETEENTH CELEBRATION AND APPROPRIATE NECESSARY FUNDS = APPROVED IN-KIND SERVICES FROM PUBLIC SAFETY AND PUBLIC WORKS TOTALING $3,600 (AGENDA ITEM VII-1) #3 (1130) through (1760) City Manager Sollenberger stated that the Deputy City Manager would present this item because he has met with the Police Department, Public Works, and Sister Jennifer "X." Book 35 Page 9396 05/17/93 6:00 P.M. Book 35 Page 9397 05/17/93 6:00 P.M. Peter Schneider, Deputy City Manager, stated that he and members of the city's Police Department had met with Sister Jennifer "x" on May 12 in order to firm up the in-kind services for the Juneteenth Celebration; that it was difficult to assess what will be necessary because Sister Jennifer did not have a firm schedule of the events at that time; that Sister Jennifer had indicated that a member of the Events Committee would bring him a list of all the events and times and places today; however, the list was not brought to him; therefore, he has compiled possible scenarios based on as much as is known about the event at this point in time while trying to meet the Commission's goal of minimizing the amount of overtime that will be necessary. Mr. Schneider stated further that his memorandum dated today (a copy of which is on file in the Office of the City Auditor and Clerk) describes two alternatives for both Public Safety and Public Works services as follows: Public Safety Alternative A: If the streets that are going to be closed for the event are opened, and the day's events are closed at midnight, and remain open until the next morning until 10:00 or 10:30 a.m. at which time the streets would be closed for the next day's activities until midnight, a level of service could be provided by reassigning existing on-patrol officers with no overtime necessary. Public Works Alternative A: If the barricades are set up and removed daily, the cost for the barricades and trash removal will be $3,600. Public Safety Alternative B: If the streets are closed for the entire event, that is from 12:00 noon on Friday, June 18 through 6:00 p.m. or later (probably midnight) on Sunday, June 20, then both traffic control and security would be necessary. This service is estimated by the Police Department to cost $6,500. Public Works Alternative B: If the barricades are set up when the event begins on Friday and removed when it is completed on Sunday evening, the cost will be $2,300. Mr. Schneider stated that the Administration's recommendation for Public Works services is Alternative A for a cost of in-kind services of $3,600. Mr. Schneider stated that some temporary "No Parking" signs have been discussed because Sister Jennifer had indicated that it was her hope to be able to have a shuttle system from Newtown Estates in a loop around the event traveling from U.S. 301 along 24th Street to Osprey Avenue, then up to 25th Street to Orange Avenue and back around 29th Street over to U.S. 301; that if there is a shuttle system, the Administration feels that temporary "No Parking" signs need to be installed along both sides of the streets along the route indicated sO shuttle buses would be able to travel this route to pick up and drop off people; that he had contacted SCAT (Sarasota County Area Transit) to ask their opinion on this arrangement; however, SCAT has not been contacted by Sister Jennifer about using buses as a shuttle system. Mr. Schneider continued that the cost of putting the temporary "No Parking" signs up and taking them down along this loop route will be $5,700; however, if there is not going to be a shuttle service, the City will not incur these costs and the Administration would only be recommending $3,600 worth of in-kind services for barricade set up and removal and trash removal. Vice Mayor Patterson asked what size shuttle buses they were talking about? Mr. Schneider stated that he is not sure; that trolleys had been mentioned; however, they would not carry very many people and that is the reason he followed up with SCAT. Vice Mayor Patterson stated that if it is trolleys or private vans that are being discussed, the street would probably not need to be wider than are with normal parking; that it depends on what types of shuttles are planned. Mayor Pillot asked whether it would be appropriate for the Commission to recommend spending up to $9,300 - $3,600 for Public Works Alternative A, Public Safety Alternative A (no additional cost), and $5,700 for temporary "No Parking" signs contingent upon the need for the signs? Mr. Schneider answered yes. Vice Mayor Patterson asked whether exhibits were planned that would have to be moved each day in order to reopen the street? Mr. Schneider stated he is not sure and that was one of the things it was hoped to be able to determine from the information that was supposed to be provided today. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved to approve up to $9,300 with Administrative judgement and elimination of the costs for the "No Parking" signs if they turn out not to be necessary. Commissioner Merrill stated that he strongly supported Alternatives A for both Public Safety and Public Works for a cost of $3,600; that he feels the issue is the "No Parking" signs; that he feels the costs for a shuttle service should be borne by the Celebration Committee. Book 35 Page 9398 05/17/93 6:00 P.M. Book 35 Page 9399 05/17/93 6:00 P.M. Commissioner Cardamone stated that she thinks renting barricades for the streets would be easier and less expensive than putting up and taking down "No Parking" signs. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to amend the main motion to provide for Public Safety Alternative A and Public Works Alternative A only. Commissioner Atkins asked why it was felt the parking along the route indicated needed to be restricted for trolleys? Mr. Sollenberger stated that he would like the Police Chief to answer this question; that he believes it is a traffic movement situation to assure there is enough room for vehicles to get through. Gordon "Skip" Jolly, Chief of the Police Services Bureau, came before the Commission and stated that the City is working somewhat in the dark since they are not sure of the plans for a shuttle system for the Juneteenth Celebration; that Sister Jennifer had said that she was tentatively making arrangements for either a trolley or bus service to provide shuttle service on the route indicated; that it is important for traffic to traverse the streets in both directions; that it must be assured that the passengers can get off at the curbs and not out in the street with parked vehicles and that oncoming traffic is also able to get past the shuttle. Commissioner Atkins asked where the residents along the streets indicated are going to park their cars? Chief Jolly stated that Sister Jennifer had indicated that she is tentatively making plans for parking at Newtown Estates and Emma Booker School. Commissioner Atkins stated that perhaps the streets indicated for a shuttle route could be made one-way for the weekend. Chief Jolly stated that was a good suggestion. Mayor Pillot called for the vote on the amendment to the main motion. Motion carried (4 to 1): Atkins, noi Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot stated that the amended motion was to approve the two Alternatives A for Public Safety and Public Works as presented by the Administration. Mayor Pillot called for the vote on the motion as amended. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 20. UNFINISHED BUSINESS = APPROVAL RE: RECOMMENDATIONE OF THE LANDSCAPE ARCHITECT TO SUBSTITUTE EAST PALATKA HOLLY TREES IN THE NORTH TRAIL MEDIAN LANDSCAPING - NO ACTION TAKEN (AGENDA ITEM VII-2) #3 (1761) through (1789) Commissioner Merrill stated that as a point of order, at the Commission's meeting of May 3, 1993 he had made a motion that was approved giving the City Manager the authority to recommend an alternate tree to be planted in the medians in place of the live oaks which the Florida Department of Transportation will not allow; that he suggests that the Commission move on. Vice Mayor Patterson asked whether University Parkway is a state road? Mr. Sollenberger stated that he thinks it is a County road. Mayor Pillot passed the gavel to Vice Mayor Patterson and left the Commission Chambers at 9:50 p.m. 21. UNFINISHED BUSINESS = REPORT RE: CLARIFICATION OF THE STATUS OF THE 17TH STREET IMPROVEMENT PROJECT, U.S. 41 (TAMIAMI TRAIL) TO ORANGE AVENUE; CONFIRM THE PROJECT IS POSTPONED DUE TO LACK OF FUNDING; AND AUTHORIZE ADMINISTRATION TO SEEK FUNDING FOR THE PROJECT = INSTRUCTED THE ADMINISTRATION AND THE ENGINEERING DEPARTMENT TO EXAMINE WHETHER MYRTLE STREET MIGHT BE A VIABLE PROJECT THAT COULD BE PRESENTED TO THE MPO AS A SUBSTITUTE FOR THE 17TH STREET PROJECT AND GIVE THE COMMISSION AN EVALUATION: THAT IF MYRTLE STREET IS NOT VIABLE, HAVE THE ADMINISTRATION CHECK OTHER ALTERNATIVES (AGENDA ITEM VII-5) #3 (1820) through (2903) Dennis Daughters, City Engineer, came before the Commission and stated that at the Commission's CIP (Capital Improvement Projects' Workshop of April 28, 1993 there was a request for clarification of the status of the 17th Street project; that the Engineering Department and the Planning and Development Department have been under the impression that the project was not denied but postponed due to a lack of funding that was caused by the shift of priorities of funding available. Commissioner Atkins stated that he did not see how that conclusion was reached based on the vote the Commission took to totally "kill" this project. Mr. Daughters stated that he had checked the Minutes and listened to tapes and it was not clear; that there was discussion about postponing the project; that he is requesting clarification on what the Commission wants done with this project. Commissloner Atkins stated that he believes Mr. Daughters is trying to save the 17th Street project; that he would like to have the issue made clear based on the Minutes; that the 17th Street project was "killed" outright and the money allocated to other projects. Vice Mayor Patterson returned the gavel to Mayor Pillot when he returned to the Commission Chambers at 9:53 p.m. Book 35 Page 9400 05/17/93 6:00 P.M. Book 35 Page 9401 05/17/93 6:00 P.M. Commissioner Merrill stated that there were other parties who had taken the lead at the MPO (Metropolitan Planning Organization) to put the 17th Street project back on its list and not Mr. Daughters. Vice Mayor Patterson stated that her recollection of the Commission's decision was that the 17th Street project was "dead" and not that it had been postponed; that if the Engineering Department wants to reopen this issue, she would demand to review the material that justifies the widening of 17th Street because she had voted "no" to this because (1) she did not want to spend the funds on it and (2) she was not convinced that it was a positive move for the City. Commissioner Cardamone stated that she was active in the Coalition of City Neighborhood Associations (CCNA) when the issue of widening 17th Street was being considered by the City; that the CCNA felt responsible in coming before the City Commission and asking that the project not be done; that this came to the table tonight quite innocently because of the discussion of the "s" curve on Orange Avenue between 10th and 12th Streets. Commissioner Merrill stated that it had been his original intent to "kill" the 17th Street project by trying to delay the funding for the project; that there have been some discussions by different people that in order to meet concurrency, a road of some sort between U.S. 41 and U.S. 301 would be needed for the new library or for a conterence center, which he feels is dead anyway, or a Cortelis mall and that road could be Myrtle Street or 17th Street; that perhaps the City Commission could push for it being Myrtle Street because some County Commissioners have been pushing for Myrtle Street to be four-laned; that he feels this issue should be referred back to the Administration to present the whole concept again for transportation for this core. Commissioner Cardamone asked that the Commission also consider 6th Street as a possibility since it goes to the Van Wezel Performing Arts Hall and the library; that there is no study that certifies which street should be widened that would have the least amount of impact on neighborhoods. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved that the Administration and the Engineering Department examine whether Myrtle Street might be a viable project that could be presented to the MPO as a substitute for the 17th Street project and give the Commission an evaluation; that if Myrtle Street is not viable, the Administration shpuld select other alternatives to study. Vice Mayor Patterson stated that she feels the earlier this is brought before the Commission the better. Mr. Daughters stated that it is his understanding that the approval of the MPO's TIP (Transportation Improvement Plan) is scheduled for the Commission's next meeting; that the FDOT (Florida Department of Transportation) is conducting a corridor study for U.S. 301 and he asked FDOT to extend the boundaries of the study from U.S. 41 to east of U.S. 301 in order to determine the best street to be used to link the two U.S. routes. Mayor Pillot called for the vote on the motion to leave the 17th Street project on the MPO's list for now, but requested the Administration and the Engineering Department to study alternatives to 17th Street as soon as possible with reference to studying Myrtle Street; that if Myrtle Street is determined not to be the best alternative, the Administration is to examine other alternatives. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. City Manager Sollenberger stated that City Auditor and Clerk Robinson had checked the indexed Minute System and had found that a Workshop held on August 20, 1991 explained this matter. Mr. Sollenberger read the portion of the Minutes that pertained to 17th Street; that the action was as follows: "After further discussion, there was a consensus that 1) the T intersection would remain at 17th Street and Orange, 2) 10th and 12 Streets would have an S curve off of Orange Avenue and . . Mr. Sollenberger stated that he feels this clarifies once and for all that 17th Street is a project that should be terminated and an alternate roadway be sought (to link U.S. 41 and U.S. 301) and that the preference of the Commission is to seek Myrtle Street as the first alternate to be studied (for concurrency). Commissioner Merrill stated that he felt that the motion did not specify that 17th Street was not to be considered, but that the Administration was to study the possibility of widening Myrtle Street as well as other possibilities. Mayor Pillot stated that he concurred with that understanding of the motion. Mayor Pillot asked whether there were three Commissioners who would tell the Administration not to waste their time even considering 17th Street; that Commissioner Merrill has stated that he is not taking 17th Street completely out of the picture; that he had concurred with Commissioner Merrill. Commissioner Atkins stated that he does not want 17th Street considered. Commissioner Cardamone stated that she does not want 17th Street considered. Vice Mayor Patterson stated that she was willing to listen to the reasons why 17th Street should be the street chosen to connect U.S. 41 and U.S. 301, but that she is starting from a position of Book 35 Page 9402 05/17/93 6:00 P.M. Book 35 Page 9403 05/17/93 6:00 P.M. not being sold on the idea yet and she would much rather see an alternative street found. Commissioner Cardamone stated that she felt that brought the Commission back to the original issue of widening Orange Avenue from 10th to 12th Streets. Vice Mayor Patterson stated that she thought the Commission had asked for a visual representation on exactly what Engineering had in mind for the "S" curve and whether it would meet the need of joining up 10th and 12th Streets. Commissioner Cardamone stated that the "S" curve is pending. Mayor Pillot stated that he thought is was pending because it is felt that the distance is too great for an s" curve from 10th to 12th Streets. Mr. Daughters stated that he would research the Minutes again because he thought he had brought a preliminary plan to the Commission that was approved with some modifications; that the widened portion of Orange Avenue from 10th to 12th Streets has been designed; that the design was funded for this project. Mr. Sollenberger stated that the previous presentation on the "S" curve project could be brought to the Commission again to clarify the action that was taken. Mayor Pillot asked the Administration do advise the Commission of the status of this project at the Commission's meeting of June 7. 22. BOARD APPOINTMENTS (AGENDA ITEM IX) #3 (2903) through (2904) There were no Board Appointments. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = CHANGED THE TIME FOR PUBLIC HEARINGS TO 6:30 P.M. INSTEAD OF 7:00 P.M. (AGENDA ITEM X) #3 (2904) through (3292) COMMISSIONER ATKINS: A. stated that there has been some confusion created by having two parks named Newtown; that one is named the Newtown Recreation Center and the other the Newtown Estates Park; that he would like to have one of the names changed to alleviate the confusion; that he suggests that the public be asked for suggestions for a new name for the City park. It was the consensus of the Commission to seek suggestions for renaming the City park. VICE MAYOR PATTERSON: A. stated that under Consent Agenda No. 1, Item 2 tonight someone was leasing a particular City right-of-way as opposed to a street vacation; that she sees the City perpetually vacating streets that it foresees no use for now, but there may be a use for the street 20 years from now and the City may have to buy back these lands; that she feels as though she should vote "no" on future street vacations; that there was a piece of a right-of-way that the City owned between the John Ringling Towers property and the mouth of the Quay on 3rd Street and if the City had that property now it would be halfway to acquiring a reasonable way of funneling traffic to the stop light on 3rd Street; that the City vacated this right-of-way, in 1974 because they could not foresee any use for it; that perhaps leases on properties is preferable to continually vacating streets. Commissioner Merrill stated that he would support that concept in commercial areas, but not in residential areas. Vice Mayor Patterson stated that just on principle she is going to start voting against street vacations; that she would like the City Attorney and the Administrator to explore some alternatives to give people use of property and vacate the City's rights for a given period of time, but that the City could take the property back without purchasing it if a later use was found. Commissioner Cardamone asked whether Vice Mayor Patterson liked the idea of the special permit for the people to use the old railroad right-of-way? Vice Mayor Patterson stated that was correct. Commissioner Cardamone stated that she also liked it because the City could reclaim it if it needs to. City Auditor and Clerk Robinson stated that a petition had come to his office to vacate the right-of-way and the railroad had placed a reverter on it that if the City had vacated it, the City would lose its right to the property; that is the reason the item was handled with a Special Permit. MAYOR PILLOT: A. stated that if he had run the meeting properly tonight, the Commission would have again reached Public Hearing time before 7:00 p.m.i that City Auditor and Clerk Robinson has informed him that it would be possible to change the time for Public Hearings to 6:30 p.m. by the Book 35 Page 9404 05/17/93 6:00 P.M. Book 35 Page 9405 05/17/93 6:00 P.M. second meeting in June if it is the wish of the Commission to do sO. Commissioner Atkins stated that he would like the Commission meetings to start at 7:00 p.m. the way they used to rather than have them start at 6:00 p.m.; therefore, he will not support any modifications to the time for Public Hearings. It was the consensus of the Commission to change the time for Public Hearings to 6:30 p.m. B. asked whether the agenda could be arranged so that items involving the public were placed first under a given item, such as Unfinished Business or New Business, to avoid jumping around the agenda as they did tonight? City Auditor and Clerk Robinson stated that to the extent possible, the agenda would be arranged with items involving the public ahead of items that did not involve the public. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (3292) through (3623) CITY MANAGER SOLLENBERGER: A. stated that there is going to be a statewide conference on Total Quality Management (TQM) in Orlando and he has been asked to serve on the panel for implementing TQM in government; that he is looking forward to seeing a variety of TQM teams. B. stated that John Wilkes, Director of the Van Wezel Performing Arts Hall, has tendered his resignation to accept an offer to become the Chief Operating Officer for the Kravis Center for the Performing Arts in West Palm Beach. CITY AUDITOR AND CLERK ROBINSON: A. stated that he wanted to remind the Commission of the Neighborhood Meeting on Saturday, May 22, at Booker High School from 8:30 to 11:30 a.m. 25. ADJOURN (AGENDA ITEM XII) #3 (3625) On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to adjourn the Regular Sarasota city Commission Meeting of May 17, 1993 at 10:30 p.m. 3 Kus A GENE M. PILLOT, MAYOR ATTEST: Billy E obenson BILLY E.OROBINSON, CITY AUDITOR AND CLERK Book 35 Page 9406 05/17/93 6:00 P.M.