MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 4, 1996, AT 6:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, Commissioners Jerome Dupree, Nora Patterson, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JANUARY 1996 - DIANE L. LIERMANN, ADMINISTRATIVE ASSISTANT, GENERAL SERVICES DEPARTMENT #1 (0042) through (0141) City Manager Sollenberger requested that Robert Gerkin, Director of General Services, and Diane Liermann, Administrative Assistant, come before the Commission. Mr. Gerkin stated that Ms. Liermann started with the City in 1988 as a secretary in the Engineering Department, was transferred to the General Services Department in 1989, and promoted to Administrative Assistant in 1993; that Ms. Liermann's personnel files reflect many complimentary letters and citations for the manner in which she gets things done; that in addition to her regular duties, Ms. Liermann has served the City in the following capacities: Liaison with the Information Services Department, Member of a Quality Improvement Team, the City Sleuths, the Office Automation Focus Team, and the Forms Management Team; that Ms. Liermann is constantly rearranging her schedule to help someone else meet a deadline; that Ms. Liermann plays a big role in keeping the City running smoothly by scheduling meeting rooms, controlling the air conditioning system via computer, and contacting technical service personnel during maintenance emergencies; that Ms. Liermann works with the SMARTCAP organization, encouraging employees to share a ride to work; that in addition to the her large workload, Ms. Liermann took on extra duties during the Deputy Director of General Services' recent illness; that Diane serves the City with excellence and pride and goes out of her way to make the atmosphere at City Hall more pleasant. Mayor Merrill presented Ms. Liermann with a City-logo watch, a plaque, and a certificate as the January 1996 Employee of the Month Book 39 Page 12864 03/04/96 6:00 P.M. Book 39 Page 12865 03/04/96 6:00 P.M. in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. The City Commission recessed at 6:04 p.m. into the Special Session of the Community Redevelopment Agency and reconvened as the City Commission at 6:08 p.m. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0141) through (0157) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under New Business, Item No. VIII-2, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota County, concerning solid waste disposal, per the request of David Sollenberger, City Manager. Mayor Merrill asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Merrill stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 3. APPROVAL OF MINUTES: APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 20, 1996 - APPROVED (AGENDA ITEM I) #1 (0157) through (0177) Mayor Merrill asked if the Commission had any changes to the minutes. Mayor Merrill stated that hearing no changes, the minutes of the regular City Commission meeting of February 20, 1996, are approved by unanimous consent. 4. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF FEBRUARY 7, 1996 - DENIED SPECIAL EXCEPTION PETITION NO. 95-SE-02; SET PETITION NO. 96-SV-03 FOR PUBLIC HEARING (AGENDA ITEM II-1) #1 (0177) through (0651) Jane Robinson, Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Lindsay presented the following items from the Planning Board/Local Planning Agency's regular meeting of February 7, 1996: A. Petition No. 95-SE-02 Mr. Lindsay stated that this is a request for a special exception to permit locating a drive-thru banking facility at 1520 Ringling Boulevard in the Commercial Central Business District (C-CBD) i that this petition has been pending since October 1995 when the PBLP requested an additional Traffic Circulation Study; that the study indicated the same mitigation measures suggested by the Crime Prevention Through Environmental Design (CPTED) Task Force; that the PBLP found Petition No. 95-SE-02 consistent with the Sarasota City Plan and adopted a resolution by a 3 to 2 vote granting approval of the use requested, subject to specific mitigation measures regarding visibility at the driveway; that PBLP member Judson Boedecker expressed deep reservations after voting affirmatively to approve the Special Exception; that the PBLP was concerned with fundamental public safety; that the mitigation measures are marginal at best. City Manager Sollenberger stated that no further action is required if the City Commission affirms the PBLP resolution; that the Commission could direct that Petition No. 95-SE-02 be set for public hearing, or reverse or modify the decision of the PBLP; that the Administration's recommendation printed on the Agenda Request is to affirm the PBLP's action; however, Mr. Lindsay has reported the PBLP decision was actually split; that Staff also has reservations and concerns regarding safety and circulation of vehicles emerging from the proposed drive-thru onto Ringling Boulevard; therefore, the Administration's recommendation has been revised to set 95-SE-02 for public hearing. Commissioner Pillot stated that the Commission is familiar with the site on which the drive-thru facility is proposed; that he reviewed the site earlier today specifically to evaluate the request; that telephone conversations have been held with several property owners and professionals in the Ringling Boulevard area; that he shares the concerns expressed by the PBLP members who voted in opposition to Petition No. 95-SE-02 as well as the reservations of Mr. Boedecker. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to deny Special Exception Petition No. 95-SE-02. City Attorney Taylor stated that special exception petitions follow a quasi-judicial process; that evidence was presented at a public hearing before the PBLP; that the PBLP approved the petition; therefore, a determination must be made that competent, substantial evidence to support denial was presented before the PBLP if the Commission intends to deny the request. City Attorney Taylor continued that he did not attend the public hearing before the PBLP; that the Agenda material contains a memorandum dated February 12, 1996, from the Engineering Department to the Director of Planning, indicating a concern with safety issues, which could support a negative action by the Commission; however, the memorandum is dated February 12, 1996, and stamped received by the Planning Department February 26, 1996, but the PBLP public hearing Book 39 Page 12866 03/04/96 6:00 P.M. Book 39 Page 12867 03/04/96 6:00 P.M. was held February 7, 1996; and asked for an opinion by Ms. Robinson as to the state of the record at the PBLP level to support a negative action by the City Commission. Ms. Robinson stated that the Director of Planning's opinion is referenced in the memorandum from the Engineering Department; therefore, sufficient record has been established on which to base a Commission denial. Commissioner Patterson stated that a memorandum dated February 7, 1996, from Debbie Marks, Sr. Planning Technician/DRC Coordinator, to the Planning Board members states the following: The minimum sight distances for both existing vehicles onto Ringling Boulevard and vehicles and pedestrians/ bicycles on Ringling Boulevard are not met. Ms. Robinson stated that the February 7 memorandum referenced included an excerpt from Section IX of the Traffic Impact study prepared by Dames and Moore for the subject project; that the February 12 memorandum emphasizes a safety concern about the installation of a drive-thru facility. City Attorney Taylor stated that Staff has indicated facts are available in the record by which the Commission could justify findings to support denial of the petition; that the Commission is advised to make findings in conjunction with a ruling. Mayor Merrill stated that minimum site distance is the major issue, as expressed by the Engineering Department; however, a drive-thru facility previously operated on the site. Commissioner Patterson stated that the PBLP minutes have been read; that she agrees the installation of mirrors at the driveway of the site exiting onto Ringling Boulevard will not adequately mitigate safety issues related to pedestrians and vehicles; that the figures used to determine queuing and the potential of vehicles stacking onto the street if the site exceeds storage space in the future are also of concern; and asked if the issues raised by Ron Annis and Mr. Lindsay of the PBLP, Commissioner Pillot, and herself regarding the safety of the site distance and the stacking of vehicles can be used as sufficient evidence on which to make a finding? City Attorney Taylor stated that a recognition and a statement has been made on the record regarding those factors found in the record before the PBLP which support the Commission's decision; that the findings should be made part of the motion for Clarity. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to amend the motion to include that the City Commission in support of the denial and based on the PBLP record and input from Staff finds: 1) the safety concerns are insufficiently mitigated by the measures proposed, 2) the stacking space for vehicles is not sufficient, and 3) the sight distance is inadequate. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill called for the vote on the main motion to deny Special Exception Petition No. 95-SE-02 based on a finding that: 1) the safety concerns are insufficiently mitigated by the measures proposed, 2) the stacking space for vehicles is not sufficient, and 3) the sight distance is inadequate. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. B. Petition No. 96-SV-03 Mr. Lindsay stated that this is a request to vacate an unpaved, unopened portion of Serena Street, 50 feet in width by 750.89 feet in length, located between Lockwood Ridge Road and Beethoven Avenue; that the PBLP recommends Commission approval of Petition No. 96-SV- 03, subject to the petitioner, at his expense, 1) relocating the 8- foot force main which exists in the Serena Street right-of-way, 2) granting the new easements for the relocated force main, 3) granting the necessary easement to Florida Power & Light (FPL), and 4) complying with the special conditions of Ordinance No. 95-3872, which requires a minimum width of 50 feet of enhanced buffering. City Manager Sollenberger stated that the Administration recommends setting Petition No. 96-SV-03 for public hearing. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to set Petition No. 96-SV-03 for public hearing. Commissioner Patterson asked if the PBLP will have an opportunity to review the location and buffering surrounding the water retention area? Mr. Lindsay stated yes, as part of the site and development plan review. Mayor Merrill called for the vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 5. BOARD ACTIONS: REPORT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD'S SPECIAL MEETING OF FEBRUARY 16, 1996 - ACCEPTED: AUTHORIZED CITY MANAGER TO MAKE CONTACTS REQUESTED: ADMINISTRATION. TO REVIEW ADA REQUIREMENTS AT LEASED PROPERTIES AND REPORT BACK (AGENDA ITEM II-2) #1 (0651) through (1076) Book 39 Page 12868 03/04/96 6:00 P.M. Book 39 Page 12869 03/04/96 6:00 P.M. Donald Hadsell, Director of Housing and Community Development, and William Knight, Chairman, Citizens with Disabilities Advisory Board (CDA), came before the Commission. Mr. Knight presented the following items from the Citizens with Disabilities Advisory Board's special meeting of February 16, 1996: A. Orchard Place/Lockwood Ridge Road Mr. Knight stated that the Orchard Place residence is a Section 8 facility which houses persons with physical disabilities; that safe access to public transportation pickup points and shopping facilities for residents in wheelchairs at Orchard Place was an issue raised at the January 8, 1996, regular CDA meeting; that the residents are forced to travel on the road surface of Lockwood Ridge Road, which has a high volume of vehicular traffic, to access 17th Street since a fence has been placed across the parking lot at the Kensington Gardens facility; that Sarah Blanchard, Sarasota County Transportation Department/Engineering Division, informed the CDA that design work for sidewalk construction on the referenced segment of Lockwood Ridge has been authorized by the Board of County Commissioners, however, a construction schedule has not been determined because no funding for the project is available. Mr. Knight continued that the special exception received for construction of Orchard Place included a provision for 20 additional parking spaces in the future if deemed appropriate by the City; that a need for seven additional parking spaces, three to be designated as handicap spaces, has been identified. Mr. Knight further stated that the issue of increasing the cycle of buses with wheelchair lifts in the Orchard Place/Lockwood Ridge Road area will be raised at the next Sarasota County Area Transit (SCAT) Advisory Board meeting. Mr. Knight stated that the CDA recommends the City Commission authorize the City Manager to contact the County Administrator to request: 1) the construction of a sidewalk on Lockwood Ridge Road between 12th Street and 17th Street be given high priority, 2) a pedestrian crossing light, with adequate time for handicapped persons to cross the street, be provided at 15th Street, and 3) a bus with a lift be provided on an hourly basis until a sidewalk is constructed in the Orchard Place/Lockwood Ridge Road area; that the CDA also recommends the City address the need for additional parking for Orchard Place residents. City Manager Sollenberger stated that the ordinance which conditionally rezoned the property on which Orchard Place is located provided for an increase in parking at the determination of the City Manager; that the Administration will follow through on the request. B. Special Olympic Program Mr. Knight stated that the School Board intends to demolish the temporary building at which the Special Olympic Program currently operates; that the Special Olympic Program has a need for permanent office space and is looking for support; that the CDA recommends the City Commission authorize a letter be sent to the Director of Facilities for the School Board supporting the request from the Special Olympics Program for permanent office space. City Manager Sollenberger stated that the Administration recommends accepting the CDA's report. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to accept the CDA's report and authorize the city Manager to take the steps necessary to follow up on the requests. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. C. American Disabilities Act - Leased City Properties Mr. Knight stated that violations of the American Disabilities Act (ADA) are occurring at many of the City's leased properties; and requested that the City incorporate compliance with ADA requirements when renewing leases for enterprises engaged in Title III Commerce Activities, i.e., O'Leary's, the Salty Dog, Gulfwind Marine, and Marina Jack. Commissioner Pillot asked if the Commission has the authority to pursue the request prior to renewal of the lease agreements? City Attorney Taylor stated that the ADA sets forth a time frame for compliance; that the Act will be reviewed. Mr. Knight stated that the existing City-leased facilities were surveyed and evaluated for compliance with ADA requirements under Title III; that only approximately 20 facilities were included in the City's transition plan for action; that the remaining facilities should be addressed. City Attorney Taylor stated that Marina Jack will be made accessible in accordance with the ADA when the scheduled renovations occur. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to refer the issue of ADA requirements for City- leased properties to the Administration to develop an action plan and report back to the Commission. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Book 39 Page 12870 03/04/96 6:00 P.M. Book 39 Page 12871 03/04/96 6:00 P.M. Commissioner Patterson asked if a board's recommendations are approved by the Commission's "accepting" a board report? Mayor Merrill stated that according to Robert's Rules of Order, "accept" is used to accept the recommendations set forth in a report and "receive" is used to receive the report without taking action. City Auditor and Clerk Robinson stated that is correct. 6. BOARD ACTIONS: REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD'S REGULAR MEETING OF FEBRUARY 8, 1996, RELATIVE TO THE RENAMING OF FRANKLIN MANOR SITE - APPROVED THE NAME "WHITAKER- -GATEWAY"; ADMINISTRATION TO DEVELOP LANGUAGE FOR COMMISSION APPROVAL AND PLACEMENT ON A PLAQUE IN THE PARK (AGENDA ITEM II-3) #1 (1119) through (1723) Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and Herbert Quinn, Chairman, Parks, Recreation, and Environmental Protection Advisory Board, came before the Commission. Mr. Quinn presented the following item from the Parks, Recreation, and Environmental Protection Advisory Board's special meeting of January 30, 1996, and regular meeting of February 8, 1996: A. Renaming of Franklin Manor Site Mr. Quinn stated that a contest was held to determine an appropriate name for the new park being constructed at the former Franklin Manor site; that suggestions from 137 individuals were received; that after reviewing the submissions, the Parks, Recreation, and Environmental Protection Advisory Board has selected the following three names, in preferential order: 1. Gateway Park 2. Sunset View Park 3. Whitaker Park Commissioner Dupree stated that he recommends the name Whitaker Park as the property is located near Whitaker Bayou. Mr. Quinn stated that the first choice of the Parks, Recreation, and Environmental Protection Advisory Board is Gateway Park as the property is located on U.S. 41 at the approach to the City. Vice Mayor Cardamone stated that the Commission received a letter from the members of Gateway 2000 citing various compelling reasons for naming the property Gateway Park. On motion of Commissioner Pillot and second of Commissioner Dupree, it was moved to name the former Franklin Manor property Whitaker Park. Commissioner Pillot stated that Whitaker Bayou is the only place in Sarasota which honors the Whitaker family although the settlement of the Whitaker family in Sarasota preceded the settlement of many other families whose names are predominantly recognized throughout the City, i.e., Gillespie, Ringling, and Selby; that the location at which the Whitakers first settled and the cemetery at which some of the family members are buried is close to the former Franklin Manor property; that the Whitaker family owned the subject property at one time; that naming the property in honor of one of the pioneer families in Sarasota would be appropriate. Vice Mayor Cardamone suggested the name Whitaker-Gateway Park. Mayor Merrill stated that honoring pioneers is appropriate, but one honor is sufficient; that a body of water has been named to honor the Whitaker family; that the Whitaker Bayou is well-known and referred to commonly; that the name Gateway Park reinforces the City's commitment to revitalize North Tamiami Trail and recognizes the efforts of the members of Gateway 2000; that the property should be named Gateway Park to recognize a recent and current commitment. Commissioner Patterson stated that the name Gateway Park is supported for two reasons: 1) naming the property was referred to the Parks, Recreation, and Environmental Protection Advisory Board, and the Commission should honor the recommendation received, and 2) in honor of the recent, heavy commitment of time and effort by numerous volunteers involved with the Gateway 2000 Project. On motion of Commissioner Pillot and second of Commissioner Dupree, it was moved to amend the motion to name the former Franklin Manor property Whitaker-Gateway Park. Motion carried (4 to 1): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, no. Mayor Merrill called for the vote on the main motion to name the former Franklin Manor property Whitaker-Gateway Park. Motion carried (4 to 1): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, no. Mayor Merrill stated that the history of the Whitaker family should be displayed on a plaque in the park. Consensus of the Commission was to refer to the Administration development of language providing a history of the Whitaker family and recognizing the efforts of the Gateway 2000 members for Commission approval and placement on a plaque in the park. B. Tree Protection Ordinance Mr. Quinn stated that the Board held a special meeting to discuss revisions to clarify the intent of the existing Tree Protection Ordinance; that the Board was informed a grant is being pursued by ReLEAF of Sarasota County to conduct a Street Tree Canopy Survey; Book 39 Page 12872 03/04/96 6:00 P.M. Book 39 Page 12873 03/04/96 6:00 P.M. that the Board plans to present a revised ordinance to the Commission for consideration. Commissioner Patterson stated that the Planning Board/Local Planning Agency (PBLP) has had numerous discussions regarding the Tree Protection Ordinance; that referencing the minutes of the PBLP meetings could be helpful to the Board. Mayor Merrill stated that referencing the minutes of the City Commission meetings at which proposed revisions to the Tree Protection Ordinance have been presented may also be helpful. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, àe 5, 6, 7 AND 8 - APPROVED (AGENDA ITEM III-A) #1 (1723) through (1750) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the License Agreement between the City of Sarasota, Florida and Sarasota County Little League, Inc., for use of the facilities for parking needs created by events at Ed Smith Stadium 2. Approval Re: Final Site and Development Plan Petition 96- PSD-C for the Gillespie Park Police sub-station 3. Approval Re: Award of Contract to Central Florida Contractors, Inc., in the amount of $142,813.60, for the Sidewalks to Schools Project 4. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota Memorial Hospital Board for Phase II of Southside Village Streetscape Project 5. Approval Re: Award of Contract and authorize the Mayor and city Auditor and Clerk to execute a contract to W. G. Mills, Inc., Sarasota, Florida, in the amount of $344,000 for completion of the Franklin Manor Park (Phase I Construction) 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with David W. Johnston Associates, (R.F.P. #96-34) to provide landscape architectural services on an "as needed" basis 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Greeley and Hansen, Inc., Sarasota, Florida, (R.F.P. #96-32) to provide engineering services for relocation of John Ringling Causeway Utilities 8. Approval Re: Authorize the sale of surplus parking property at the Fourth Street Fire Station On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Items 1 through 8 inclusive. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 8. CONSENT AGENDA NO. 2: ITEM 2 (RESOLUTION NO. 96R-874) = ADOPTED; ITEM 3 (RESOLUTION NO. 96R-875) = ADOPTED; ITEM 1 (RESOLUTION NO. 96R-873) - REVISE AND REAGENDA; ITEM 4 (RESOLUTION NO. 96R-877) - ADOPTED; REQUEST SARASOTA COUNTY ADOPT A SIMILAR RESOLUTION (AGENDA ITEM III-B) #1 (1753) through (2240) Commissioner Patterson requested that Item Nos. 1 and 4 be removed for discussion. City Auditor and Clerk Robinson read proposed Resolution No. 96R-875 in its entirety and proposed Resolution No. 96R-874 by title only. 2. Adoption Re: Proposed Resolution No. 96R-874, authorizing the City Manager or the City Auditor and Clerk to designate members representing the City of Sarasota to the Sarasota/Manatee Metropolitan Planning Organization (MPO) ; providing for notification to the Executive Director of the MPO upon designation of members; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 96R-875, appropriating $23,506.51 from the Special Law Enforcement Trust Fund (Forfeitures) to fund hardware and software for a computerized bar code capital assets inventory system On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to adopt Consent Agenda No. 2, Items 2 and 3. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 1. Adoption Re: Proposed Resolution No. 96R-873, establishing a policy regarding City sponsorship of charitable causes; etc. (Title Only) Commissioner Patterson stated that the resolution should include a provision requiring approval by the City Commission prior to lending the Mayor's name for use by a charitable organization. Vice Mayor Cardamone stated that she supports Commissioner Patterson's statement; and asked City Manager Sollenberger to explain the purpose for enacting the resolution. Book 39 Page 12874 03/04/96 6:00 P.M. Book 39 Page 12875 03/04/96 6:00 P.M. City Manager Sollenberger stated that the resolution has been drafted as a result of a recent incident experienced with the Mayor's Feed the Hungry Program; that the resolution requires an organization to submit for review a copy of the charitable organization's internal financial controls prior to the Mayor's name being used to support fund raising activities for charitable causes; that the organization will also be required to submit an annual financial report prepared by an independent certified public accounting firm. Commissioner Pillot asked if a Commissioner's name, with or without the title, appearing on the letterhead of boards, foundations or other nonprofit, charitable organizations constitutes a sponsorship? City Attorney Taylor stated no; that a Commissioner's membership on a board does not signify an official endorsement by City of Sarasota; that clarifying language will be added to the resolution. Mayor Merrill stated that many organizations utilize the Mayor's name for credibility, e.g., the various Mayor's Prayer Breakfasts, which are advertised; that all entities utilizing the government's credibility should be required to annually produce internal financial controls and an audit. Mayor Merrill stated that hearing no objections, the Administration will revise and place the resolution on a future agenda. 4. Adoption Re: Proposed Resolution No. 96R-877, regarding the request by the city of Sarasota that the 1996 Florida Legislature provide funding for the Lido Key Beach Restoration Project; etc. (Title Only) Commissioner Patterson stated that a resolution to the Florida Legislature from both the City of Sarasota and Sarasota County would more effective. Mayor Merrill stated that hearing no objections, the Administration will request a similar resolution be approved by the Board of County Commissioners. City Auditor and Clerk Robinson read proposed Resolution No. 96R-877 by title only. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to adopt proposed Resolution No. 96R-877. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll- call vote. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 95-3900, AMENDING CHAPTER 5, SARASOTA CITY CODE, REGULATING THE CONSUMPTION OF ALCOHOLIC BEVERAGES OR POSSESSION OF AN OPEN CONTAINER WITHIN THE CITY BY EXPANDING THE AREA OF REGULATION TO INCLUDE ALL PUBLICLY OWNED PROPERTY AND ANY OTHER PROPERTY GENERALLY ACCESSIBLE TO THE PUBLIC; PROVIDING EXEMPTIONS; SETTING FORTH FINDINGS; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (2240) through (3042) City Attorney Taylor stated that the proposed Ordinance No. 95-3900 responds to the limited application of Section 5-21 of the Sarasota City Code to certain portions of the City and the inability to successfully prosecute and extend application of same to areas not specifically enumerated in Section 5-21; that the proposed ordinance would provide for enforcement in areas such as the open ground space located behind Selby Public Library and the Van Wezel Performing Arts Hall (VWPAH) as well as other areas such as local, State, or Federal buildings, including City Hall, where violations are occurring; that the existing ordinance prohibits the consumption of alcoholic beverages or possession of an open container on public streets, sidewalks, alleys, or public parking lots; that the proposed language prohibits consumption of alcoholic beverages or possession of an open container on public property and rights-of-way. City Attorney Taylor continued that the Chapter 5 of the Sarasota City Code provides for exemptions; that the proposed ordinance exempts areas, i.e., the Van Wezel Performing Arts Hall and other areas for which a valid State liquor license has been obtained to serve and permit consumption of alcoholic beverages on the premises. Commissioner Patterson asked if a distinction between the leasehold area and the area outside the leasehold area has been established in the ordinance? City Attorney Taylor stated yes; that the exemption for activities of lessees or concessionaires applies only to the possession of an open container or the drinking or consumption of an alcoholic beverage within the leasehold area or within the boundaries of the concession. Book 39 Page 12876 03/04/96 6:00 P.M. Book 39 Page 12877 03/04/96 6:00 P.M. Commissioner Patterson asked if the hours of operation for lessees or concessionaires are addressed in the ordinance? City Attorney Taylor stated that the hours of operation for a lessee or a concessionaire are addressed in the lease agreements. Commissioner Patterson stated that the exemption does not specify consumption of alcoholic beverages is allowed on a premises only while the business with a liquor license is open for service; and asked how the ordinance will be enforced at 4 a.m.? City Attorney Taylor stated that the purpose of amending the ordinance is to permit the arrest of persons who are consuming alcoholic beverages at 4 a.m. in an area accessible to the public. City Manager Sollenberger stated that the proposed ordinance was drafted to reference public property and rights-of-way as a result of problems experienced by the Police Department in enforcing the existing public consumption laws which were not applicable in areas other than public streets, sidewalks, alleys or parking lots, e.g., around the perimeter of City Hall and the VWPAH; that an additional exemption was included in the City Code to legalize the consumption of alcoholic beverages occurring on public property in conjunction with permitted activities; that the ordinance would not apply to a patron attending an event or function at the VWPAH who purchases an alcoholic beverage and consumes that beverage outside; however, the ordinance would apply to a person who consumes an alcoholic beverage at the VWPAH while an event is not occurring. Mayor Merrill stated that the existing ordinance was passed to control vagrancy and nuisance behavior resulting from heavy consumption of alcohol around the downtown area and not to restrict the right of the general public to consume alcoholic beverages; that the proposed ordinance expands the definition and includes revised language to address difficulties which have been experienced in enforcing the existing ordinance. City Manager Sollenberger stated that is correct. City Attorney Taylor stated that the ordinance does not apply to private properties, e.g., alcoholic beverages being consumed at a backyard party. Vice Mayor Cardamone stated that the ordinance would apply if someone attending a backyard party is consuming an alcoholic beverage on the sidewalk in front of the residence. City Attorney Taylor stated that is correct. Vice Mayor Cardamone stated that the Lemon Avenue Mall is a leasehold which is licensed to serve alcohol on the premises; that patrons leaving the defined boundaries and walking down Main Street with an alcoholic beverage purchased for consumption at the Lemon Avenue Mall is another reason the proposed ordinance was drafted. City Attorney Taylor stated that is correct. Commissioner Pillot stated that signage should be posted at the Lemon Avenue Mall informing patrons that leaving the premises with alcoholic beverages is prohibited by City ordinance. city Manager Sollenberger stated that the Administration will address the issue of signage at the Lemon Avenue Mall. Commissioner Pillot asked if other governmental agencies are amenable to the City's enforcing the proposed ordinance on public property? City Attorney Taylor stated yes. Mayor Merrill asked for an explanation regarding community events, i.e., Arts Day, which take place in the downtown area. City Attorney Taylor stated that the existing ordinance includes the following exemption to provide for community events in the downtown area: Activities of persons who have obtained a permit from the city manager or his designee, pursuant to applicable administrative regulation of the City for the sale, consumption, or possession of alcoholic beverages during a community event as defined in Section 5-1 of this Code; limited to the designated areas where the community event takes place; limited further to the duration of such event only; and so long as the permittee complies with all applicable municipal ordinances and State law. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 95-3900 on first reading. Mayor Merrill opened the public hearing. The following person came before the Commission: Paul Thorpe, 47 South Palm Avenue #212 (34236), stated that many of the public's questions regarding the restrictions imposed by the proposed ordinance on sidewalk cafes or special events, i.e. the 4th of July activities at Island Park, have been clarified through the Commission's discussion. Mr. Thorpe continued that signage informing patrons not to leave the premises with alcoholic beverages is not currently posted at the Lemon Avenue Mall or in areas where sidewalk cafes are operated; that such signage would be appropriate and could help address the problem with people walking along Main Street with alcoholic beverages. Book 39 Page 12878 03/04/96 6:00 P.M. Book 39 Page 12879 03/04/96 6:00 P.M. There was no one else signed up to speak and Mayor Merrill closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3900 by title only. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to pass proposed Ordinance No. 95-3900 on first reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3931, AMENDING CHAPTER 16, SARASOTA CITY CODE, RECYCLING AND SOLID WASTE, TO REQUIRE THAT SOLID WASTE CONTAINERS AND RECYCLABLE MATERIALS CONTAINERS BE REMOVED FROM THE CURB OR ROADSIDE NO LATER THAN 8:00 A.M. ON THE DAY FOLLOWING THE DATE OF COLLECTION: PROVIDING FOR A $25.00 FINE FOR VIOLATIONS OF THE REOUIRED TIME FOR REMOVAL OF CONTAINERS; CLARIFYING THE REQUIREMENT THAT WASTE CONTAINERS AND RECYCLABLE MATERIALS CONTAINERS BE STORED IN SIDE OR REAR YARDS AND NOT FRONT YARDS; DECLARING THAT A FRONT YARD SHALL MEAN THE YARD AREA EXTENDING FROM THE MAIN ENTRANCE TO THE RIGHT-OF-WAY: REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) - PASSED ON FIRST READING WITH PRESENTATION TO BE MADE BY ADMINISTRATION AT SECOND READING REGARDING PERMITTED TIME FOR RETRIEVAL OF TRASH RECEPTACLES (AGENDA ITEM IV-2) #1 (3042) through #2 (2480) Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 96- 3931 amends Section 16-34 of the Sarasota City Code as discussed with the Commission at its February 5, 1996, meeting by: 1. Altering the time period for removal of emptied containers from 9 p.m. on the day of regularly scheduled collection to 8 a.m. on the day following the day of regularly scheduled collection. 2. Providing a definition of front yard to clarify the meaning of the term as used in Section 16-34. 3. Altering the per day fine from $50 to $25. 4. Providing a process to excuse or waive a fine in hardship cases. Mr. Litchet stated that the areas targeted for enforcement are those in which trash receptacles remain at the curb all week; that Code Enforcement Inspectors have been instructed to familiarize themselves with problem areas and inform potential violators of the provisions in the proposed ordinance; that the Inspectors are contacting residents in person or by leaving a brightly colored document at the residence explaining the proposed provisions in both English and Spanish; that after the ordinance is amended, the Inspectors will document residences at which trash receptacles have remained at the curb all week and issue a $25 fine to violators. Commissioner Patterson asked for the purpose of including in the ordinance a requirement for solid waste receptacles to be placed at the curb by 7 a.m. the day of collection? Mr. Litchet stated that the provision is for informational purposes to citizens; that language could be incorporated to clarify the requirement is not a regulatory provision but is necessary to guarantee pickup. Vice Mayor Cardamone stated that Mr. Litchet previously stated that an analysis performed several years ago indicated the cost of processing a Code violation was approximately $260; that imposing a $25 fine for a process which costs the City $260 does not seem sufficient; that the citizens complying with the ordinance should not be required to pay such a substantial amount for the processing of the fine for those who do not comply. Commissioner Dupree asked for the procedure Code Entorcement will use to identify residences at which trash receptacles are remaining at the curb for lengthy periods of time and how payment of citations will be enforced? Mr. Litchet stated that individual Code Enforcement Inspectors are assigned to specific zones; that each Inspector will focus on problem areas and document dates on which violations are viewed; that the Inspector will survey the residence a second time to determine if the receptacle has remained at the curb all week and issue a citation if appropriate. Mr. Litchet continued that violators issued citations have the option of 1) paying the fine and complying with the Code, 2) filing an appeal with the Code Enforcement Special Master, or 3) failing to pay the fine which will initiate a hearing before the Special Master at which time a written order placing a lien on the property for the amount of the fine can be issued and accumulate interest at 12% annually; that the lien remains on the property until the property is sold or refinanced or the accumulation of liens is sufficient for the City to foreclose on the property; that the process for collecting the fine can be lengthy. Commissioner Patterson stated that City Manager Sollenberger mentioned a potential problem with due process when she had inquired whether including the fine on the utility bills would be a more Book 39 Page 12880 03/04/96 6:00 P.M. Book 39 Page 12881 03/04/96 6:00 P.M. effective and less expensive manner for collection of payment; that the availability of due process is what is the constitutional right; that, for example, unless requested, due process is not provided when citations for traffic violations are issued or notices of other violations are mailed; that placing the fine on utility bills could be a less cumbersome process and should be considered by the Administration. Mr. Litchet stated that the issue of placing the fine for a trash receptacle violation on the utility bill was researched with Gil Leacock, Director of Public Works; that currently, all fines for Code violations are recorded on a computer system programmed for that purpose and handled through the existing Code enforcement process by personnel in the Building Department; that a Staff determination was made that reprogramming computers, developing new processes, and transferring information between two departments to provide for the fines to be placed on the utility bills would not be more efficient or reduce Administrative costs for collecting the fines. Commissioner Dupree asked if the Commission has the legal authority to place fines on the utility bill? City Attorney Taylor stated that basic home rule authority would permit the Commission to amend the Code to provide a mechanism for collecting fines through the utility bills. Commissioner Dupree stated that the process of issuing liens on a property to receive payment for a violation can be lengthy and expensive; that imposing fines on a utility bill, which must be paid in a timely manner for residents to continue receiving water and sewer service, seems to be a more effective manner of collection. Mr. Litchet stated that under the existing Code enforcement process, people who do not respond to notices and citations issued by the City receive a written order from the Special Master; that the majority of violators respond to the written order and request a hearing, which provides an opportunity for the Special Master to explain the provision violated and the penalties for repeat violations; that the process has been successful. Mayor Merrill stated that Mr. Litchet has stated Code Inspectors will target areas and residences at which trash receptacles remain at the curb all week; that the Administration has perceived the problem to be with people who leave receptacles at the curb on a weekly basis and not with the person who retrieves a receptacle a few hours late the morning after collection or places the receptacle at the curb a few hours early the day prior to collection; and therefore he can assume the Code Inspectors will not be zealously driving around the City at 9 a.m. the day following collection and issuing citations. Mr. Litchet stated that is correct. Mayor Merrill asked if he could assume the Code Inspectors will not be looking for violations until Thursday if collection is scheduled for Tuesday? Mr. Litchet stated that is correct; that the intent is not for the Code Inspectors to survey neighborhoods on the day trash is picked up but to note violations the first and second days after regularly scheduled collection, including weekends. Mayor Merrill stated that the existing ordinance requires receptacles to be retrieved from the curb by 5 p.m. the day of collection; that City personnel do not work after 5 p.m., so citations for violations could not have been issued until the day following collection; therefore, any person who received a citation under the existing ordinance would also have received a citation if the proposed ordinance was in effect. Mr. Litchet stated that is correct; that the City was not over zealous in issuing citations; that citations issued in accordance with the existing ordinance were not processed; however, the people who received citations were some of the long-term violators who leave trash receptacles at the curb for more than one or two days. Mayor Merrill stated that the sight of trash receptacles at the curb may not be aesthetically pleasing but is expected two times each week; that unmaintained yards with an overgrowth of landscape are unsightly and are not expected in a neighborhood; and asked how the Administration enforces the ordinance which requires yard grass to be at a height under 12 inches? Mr. Litchet stated that unsightly residences are noticed that failure to comply with the Code within 30 days will result in a fine. Mayor Merrill stated that in effect, the notice of violation is a warning; and asked what happens if the person complies with the first notice and is subsequently issued a second notice sometime during the same year. Mr. Litchet stated that citations and repeat violation citations, which double the fines, are issued on developed lots; that the City implements an automatic lawn mowing program if a specific number of violations occur on an unoccupied lot within a certain period of time. Mayor Merrill asked why the Administration has taken a more stringent approach regarding fines for violations associated with trash receptacles, which is a routine activity, than with violations associated with overgrowth of yard grass, which should never occur? Book 39 Page 12882 03/04/96 6:00 P.M. Book 39 Page 12883 03/04/96 6:00 P.M. Mr. Litchet stated that a significant number of trash receptacles in the targeted areas are not retrieved from the curb after collection; that compliance with the ordinance would be prolonged if notices were issued prior to citations for violations as many of the violations are occurring in transient areas. Mayor Merrill stated that the ordinance is effective Citywide; and asked if a significant number of trash receptacles are not retrieved from the curb Citywide? Mr. Litchet stated that problems have been identified in various areas; that representatives from many of the affected areas spoke at the February 5, 1996, City Commission meeting; that the city's Code enforcement efforts will be targeted at those areas of the City. Mayor Merrill stated that trash receptacles and recyclables containers placed at the curb the evening prior to the day of scheduled collection could for some reason not be collected by the City or Browning Ferris Industries of Florida (BFI) until the following day; and asked if residents who leave those receptacles at the curb under those circumstances would be issued citations or if the ordinance includes an exemption for such an occurrence? Mr. Litchet stated that in his opinion, the term "regularly scheduled collection" includes circumstances under which collection by the City or BFI occurs on the day following the normal pickup day. Mayor Merrill stated that Code Inspectors could easily identify violators if the proposed ordinance required retrieval of trash receptacles within 36 hours of the end of the day of regularly scheduled collection; that, for example, citations could be issued on Thursday afternoons, Sunday afternoons, and all day Monday in neighborhoods which have collection days of Tuesday and Friday; that the approach described specifically targets habitual violators; and asked if the Code Inspectors could make the approach described work? Mr. Litchet stated yes. Commissioner Patterson stated that 36 hours would provide more leeway for a person who is out of town; that the proposed ordinance will be supported when a vote is taken, but a response from the Administration will be expected prior to second reading as to why a requirement for retrieval by 9 a.m. the following day would be more appropriate than the 36-hour approach proposed by Mayor Merrill. Commissioner Patterson stated that a problem with retrieval of trash receptacles is occurring in sporadic areas throughout the City; and asked if the Administration intends to enforce the ordinance in all areas of the City when complaints are received? Mr. Litchet stated yes. City Manager Sollenberger stated that utilizing a 36-hour approach commencing at 11:59 p.m. the day of collection would, in effect, legalize trash receptacles remaining at the curb all week; that, for example, in neighborhoods with collection days of Monday and Thursday, retrieval from the first collection would be required by Noon on Wednesday; that placement of receptacles at the curb for Thursday's collection would be allowed at 5 p.m. on Wednesday. Mayor Merrill stated that citations for violations associated with the first collection could only be issued for five hours; however, 1.5 days are available to identify and issue violations associated with the second collection. Mayor Merrill opened the public hearing. The following people came before the Commission: Catherine Walls, 268 Island Circle (34242), stated that the City should not be addressing this issue so zealously; that she is the owner/landlord of an apartment at 1921 5th Street where difficulties have been experienced obtaining collection; that the receptacles were retrieved after the first collection and placed back at the curb for the second collection with the overflow of solid waste placed in plastic bags; that removing unemptied receptacles from the curb is difficult for tenants to understand; that the contents in the receptacles were collected after she telephone the City's Solid Waste Division, but the plastic bags remained; that the City's refuse equipment operators will not collect the contents in the trash receptacles if, for example, passersby place beer bottles on top of the trash inside the receptacles; that as a law-abiding citizen she is concerned with receiving a fine when situations arise which are beyond her control. Mrs. Walls continued that the Commission should not consider placing fines on the utility bills, which are already extremely high; that the proposed ordinance requires the trash receptacles purchased and mandated for use by the City to be placed out of sight; that the City could have purchased more aesthetically pleasing trash receptacles, but the receptacles are not that unsightly. Linda Holland, president of the Gillespie Park Neighborhood Association (GPNA), 617 Gillespie Avenue (34236), stated that the neighborhoods requested an ordinance to assist in cleaning up and improving the sight of neighborhoods, which in turn improves property values; that requiring residents to retrieve trash receptacles is not unreasonable; that an improvement in the Gillespie Park neighborhood has been noticed since the existing ordinance was enacted; that a mechanism is necessary to achieve compliance from the small percentage of people who do not retrieve their trash receptacles; that City neighborhoods should be a nice place for residents to live. Book 39 Page 12884 03/04/96 6:00 P.M. Book 39 Page 12885 03/04/96 6:00 P.M. Mayor Merrill asked if addressing retrieval of trash receptacles which remain at the curb all week is perceived to be the intent of the ordinance? Ms. Holland stated yes; that the majority of citizens are law abiding; however, approximately 10% of the citizenry are habitual violators who refuse to act in a reasonable manner and should be fined. Mayor Merrill asked if an ordinance which targets residents who leave trash receptacles at the curb all week but not residents who may occasionally forget to retrieve the receptacles the day after collection would resolve 95% of the problems being experienced? Ms. Holland stated yes. Vice Mayor Cardamone stated that a proliferation of trash receptacles at the curb has been viewed in several neighborhoods on Saturday mornings; and asked if Gillespie Park, Laurel Park, and the East Sarasota neighborhood have residents who never retrieve the trash receptacles? Ms. Holland stated yes. Sandy Vaughn, president of East Sarasota Neighborhood Association (ESNA), 2135 4th Street (34237), stated that East Sarasota is a neighborhood which should be targeted by the proposed ordinance; that 95% of the trash receptacles and recyclable containers remain at the curb all the time; that not only are the receptacles unsightly but the contents smell, especially in the summer; that the ESNA has been unsuccessful in attempting to explain the ordinance and achieve voluntary compliance from violators; that the ESNA endorses the use of fines to promote modified behavior of residents who refuse to comply with the ordinance. Mayor Merrill asked if Code Inspectors could identify those residents in the East Sarasota neighborhood who leave trash receptacles at the curb all week by surveying and issuing citations on one day each week? Ms. Vaughn stated yes; however, violators could become wise to the day inspections will occur and retrieve the receptacle only on that day; that the goal is to have all residents store trash receptacles away from the curb. Jencie Davis, 1420 5th Street (34236), stated that she is a member of the Downtown North Action Group; that surrounding residents suffer when a resident places incorrect contents in the trash receptacle; that the City's refuse equipment operators will not collect the contents; that two trash receptacles on her street have remained at the curb unemptied since November 1995; that the receptacles on the property adjacent to hers constantly overflows which results in trash blowing into her yard; that the properties mentioned should be cited. Jessie Johnson, 919 Goodrich Avenue (34236), stated that Code enforcement associated with an overgrowth of grass should be pursued more aggressively than for failure to retrieve trash receptacles; that imposing fines on landlords who do not maintain properties would do more to help make Sarasota beautiful than imposing a $25 fine on people who do not retrieve trash receptacles; that the Commission should survey the neighborhoods around Dr. Martin Luther King, Jr. Way and view the numerous unsightly properties with overgrown yard grass and unmaintained buildings. Commissioner Dupree stated that he spent three hours of his time today surveying neighborhoods, including Newtown; that vacant lots and a high percentage of properties owned by absentee landlords were viewed which require cleaning up and should be cited for Code violations; that he intends to discuss the issue with the City Manager. There was no one else signed up to speak and Mayor Merrill closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3961 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3961 by title only. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to pass proposed Ordinance No. 96-3961 on first reading with second reading to be placed under Unfinished Business on the next agenda for the Administration to make a presentation as to why a requirement for retrieval by 9 a.m. the following day would be more appropriate than the 36-hour approach proposed by Mayor Merrill. Commissioner Pillot stated that Staff has presented an ordinance which is responsive to Commission discussions and votes and attempts to deal with a clearly controversial issue; that progress has been made through dollars and resources being allocated to Code enforcement; however, the issues raised by Mr. Johnson, Commissioner Dupree, and others indicate major Code enforcement problems, larger than the aesthetics of receptacles remaining at the curb, remain in the City; that the issue of odors, etc., protruding from trash receptacles could possibly be enforced under regulations regarding health hazards; that the Keep Sarasota Beautiful program has operated successfully in the City and the County without specific ordinances being enacted; that the proposed ordinance would provide for liens to accumulate on a property and against the property owner although the violators may be tenants who do not care; that the property owner has Book 39 Page 12886 03/04/96 6:00 P.M. Book 39 Page 12887 03/04/96 6:00 P.M. the option of evicting the tenants; however, the ordinance may not be effective in the long term to address those tenants or property owners who choose not to pay the fines. Commissioner Pillot continued that he has many doubts regarding the proposed ordinance; that hopefully, existing Codes could be used to address issues raised by East Sarasota neighborhood and Gillespie Park leadership and neighborhood associations and cooperative efforts, i.e., Keep Sarasota Beautiful, could be used to inform and pursue voluntary cooperation regarding trash receptacle retrieval; that the City's Code enforcement resources and Staff are limited and should be focused on major issues; therefore, he will not support the motion. Commissioner Patterson stated that she has participated in neighborhood walks in the Newtown and East Sarasota neighborhoods; that overgrown yard grass is a major problem with which Staff struggles because the lot mowing ordinance is difficult to enforce; that the Commission should be proactive in reporting properties with overgrown grass and provide the Staff sufficient resources to attack that problem. Commissioner Patterson continued that Mayor Merrill makes persuasive arguments for revising and making more reasonable the proposed Citywide ordinance drafted to target a specific group of people who leave trash receptacles at the curb all week; however, the proposed ordinance resulted from referring the issue to the Administration for application of expertise in developing a reasonable ordinance to address an identified problem; that the Administration has been requested to evaluate the 36-hour approach and report back; that, ideally, the ordinance will be enforced against the person who fails to retrieve the trash receptacle; that responsible landlords will take the time to inform tenants of the regulation once passed; that landlords can require payment from the tenants if a fine is imposed; that resolving the issue of trash receptacles will help make Sarasota a city in which poor and wealthy will want to live. Vice Mayor Cardamone stated that three neighborhood associations have requested City assistance to resolve a problem; that the neighborhood associations have diligently attempted to achieve voluntary cooperation from violators; that the flyers distributed by the Laurel Park Neighborhood Association explaining the provision and requesting residents to retrieve the trash receptacles were not effective in modifying the behavior of the residents who the ordinance has been drafted to target; that she has surveyed many City neighborhoods on Saturday mornings; that beer bottles, cigarette packages, and disposable diapers have been viewed in the yards; that passing the proposed ordinance will assist the efforts of three neighborhood associations which have been working hard to clean up and upgrade their areas. Vice Mayor Cardamone continued that she agrees Code enforcement on overgrown yard grass and unmaintained structures should be pursued; that past Commissioners have not supported stringent Code enforcement in the Newtown area; that, hopefully, a cooperative effort from the neighborhood, the residents, and the property owners can be achieved in bringing the properties up to Code. Commissioner Dupree stated that the Commission should support and assist the neighborhoods requesting elimination of an unsightly and potentially health-threatening problem; that attempts to gain voluntary compliance have been unsuccessful; that chronic offenders should be cited. Mayor Merrill stated that he supports a restriction on seven-day- per-week violations; that his 36-hour approach has been discussed with the City Manager Sollenberger and Mr. Litchet; that retrieval of trash receptacles on the day of collection is reasonable behavior; however, assessing fines for failure to behave in a reasonable manner is not appropriate; that fines should be assessed only when the least acceptable behavior occurs; that the intent of the proposed ordinance is to target residents who leave trash receptacles at the curb for seven days per week, a behavior practiced by approximately 10% of City residents; however, the proposed ordinance also creates a problem for residents who leave trash receptacles at the curb until the morning following the day after collection, a behavior practiced by approximately 15% of City residents. Mayor Merrill continued that the average cost to the city is $260 per Code violation; that the amount of the fine should not be increased; that the number of required citations should be reduced by adopting an ordinance with which the majority of the public can comply; that the proposed ordinance does not provide for a warning; that the average duration of occupancy at a residence is three to five years; that educating the public will be costly; that an ordinance is required to address the issue, but placing an undue burden on the citizens should be avoided by providing more latitude for retrieval of the trash receptacles to promote voluntary compliance or by including a provision for notice of violation; that the motion will be supported to provide the Administration an opportunity to "fine tune" the ordinance before second reading. Commissioner Pillot stated that he echoes Mayor Merrill's last comments; that although he supported drafting the proposed ordinance, he cannot in good conscience support the motion. Commissioner Patterson stated that the Commission has not implied the ordinance has to be as tough a possible; that comments have been made by three Commissioners regarding a provision for a notice of violation; that the Administration's response that an ordinance with such a provision would be difficult to enforce was previously accepted by the Commission; that the motion was phrased to provide Book 39 Page 12888 03/04/96 6:00 P.M. 4 Aga Book 39 Page 12889 03/04/96 6:00 P.M. the Administration an opportunity to develop a rationale, if appropriate, to defend the time period in the proposed ordinance or to make appropriate revisions. Mayor Merrill called for the vote on the motion to pass proposed Ordinance No. 96-3961 on first reading with second reading to be placed under Unfinished Business on the next agenda for the Administration to make a presentation as to why a requirement for retrieval by 9 a.m. the following day would be more appropriate than the 36-hour approach proposed by Mayor Merrill. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll- call vote. Motion carried (4 to 1): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, no; Merrill, yes. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #2 (2490) through (2770) Pat Ball, 1859 Lincoln Drive (34236), stated that the City's improvements on Central Avenue have had a positive impact; that investors and realtors have been viewing properties on Central Avenue; that the Antique Warehouse has been purchased; that he recently closed on a loan for $45,000 through the Housing and Community Development Department to finance renovation of his property at 513 Central Avenue, known as the "Church Walls"; that the interest-free loan approved for ten years requires a 50% match in funding by him; that as purchases are credited to the matching funds only after the closing of the loan, contracts could not be signed or material obtained prior to the closing; that Federal guidelines made the loan process lengthy and cumbersome; that Ball Construction has obtained permits and ordered windows for the building; that the renovations should be completed by June 1996. Vice Mayor Cardamone stated that hearing about the activity occurring on Central Avenue as a result of the City's efforts is encouraging. 12. UNFINISHED BUSINESS:. DISCUSSION RE: REVIEW OF CITY POLICIES FOR INSTALLATION OF MULTI-WAY "STOP" SIGNS IN GILLESPIE PARK NEIGHBORHOOD - APPROVED AMENDING POLICY AS RECOMMENDED BY THE ADMINISTRATION. (AGENDA ITEM VII-1) #2 (2770) through (3316) Asim Mohammed, Assistant City Engineer; Joseph Pizzalato, Traffic Control Systems Technician IV; and Linda Holland, President, Gillespie Park Neighborhood Association (GPNA), and came before the Commission. Ms. Holland stated that traffic has been an issue in the Gillespie Park neighborhood since the GPNA was formed in 1983; that the city has lowered the speed limit, posted "No Thru Trucks" signs, and installed multi-way "Stop" signs over the years; that the traffic measures implemented have been effective, useful, and noncontroversial, however, a need for additional traffic measures has been identified; that in accordance with the current City policy, neighborhoods must meet a 60% support criteria prior to installation of multi-way "Stop" signs being considered by the City; that the GPNA has had difficulty obtaining the required signatures due in part to the high number of renter-occupied properties within the neighborhood; that the proposal developed by the Administration adequately addresses the GPNA's difficulty. Mr. Mohammed stated that for over two years, the GPNA has been attempting to gather sufficient signatures to meet the required 60% support criteria for installation of multi-way "Stop" signs at numerous intersections in the neighborhood; that installation of multi-way "Stop" signs is an effective traffic abatement measure used throughout the City; that the Administration proposes the following alternative policy to provide relief for neighborhoods with low owner occupancy and a high percentage of school age children: Traffic Abatement Studies in neighborhoods of less than 40% owner-occupied housing, and where there is a minimum of 25% population of school age children, the City will reduce the required 60% support to 25%, or 15% and a written request from the neighborhood association indicating consensus in support of the sign installation has been received. Commissioner Patterson stated that the amended policy requires 25% of the total population in a neighborhood to be under 18 before the city will examine the potential for installation of multi-way "Stop" signs? Mr. Mohammed stated that is correct. Commissioner Patterson asked if difficulty in obtaining the signatures was due to residents opposing the installation of the signs? Ms. Holland stated no. Vice Mayor Cardamone stated that the Agenda material indicates none of 49 properties were in support of a multi-way "Stop" sign on 4th Street at Goodrich Avenue. Ms. Holland stated that collecting signatures is a time-consuming activity; that she personally collected the required amount of signatures on 7th Street at Gillespie Avenue; that no one has volunteered to collect signatures on 4th Street. Vice Mayor Cardamone asked if any opposition to the signs was raised as signatures were collected? Ms. Holland stated that one gentleman on Goodrich Avenue made a comment that "Stop" signs would not be necessary if parents kept their children off of the street. Book 39 Page 12890 03/04/96 6:00 P.M. Book 39 Page 12891 03/04/96 6:00 P.M. City Manager Sollenberger stated that the Administration recommends amending the City's policy as outlined by Mr. Mohammed. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to approve the Administration's recommendation. Commissioner Patterson asked if Commission approval will be required if the Engineering Department determines the signs requested should be installed? Mr. Mohammed stated no. Commissioner Dupree asked if the amended policy is site specific? Mr. Mohammed stated no; that the policy will apply to any City neighborhood which meets the criteria. Mayor Merrill called for the vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 13. NEW BUSINESS: DISCUSSION RE: PROPOSED DATES OF MEETINGS TO BE SCHEDULED WITH THE CITY COMMISSION = REVISED AND APPROVED (AGENDA ITEM VIII-1) #2 (3312) through #3 (0368) The Commission reviewed the proposed dates for meetings, identified scheduling conflicts, revised the dates, and approved by consensus the following schedule: March 19 Graphic Team's QIP Presentation 3 - 4 p.m. March 19 Pay for Performance Workshop 4 - 5 p.m. March 19 PBA Out-of-Sunshine Meeting 5 = 6 p.m. April 3 Community Housing Workshop 4 - 6 p.m. April 8 Cable Franchise Workshop 4 = 5:30 p.m. April 8 Cable Franchise Public Hearing 7 p.m. April 16 Crime Plan Workshop 7 = 9 p.m. May 8 LDR Joint Workshop with Planning Bd & Bd of Adjustment 3 = 6 p.m. May 8 EAR Joint Workshop with Planning Board 7 - 10 p.m. May 9 School Avenue Special Joint Meeting with County & School Bd 7 p.m. June 6 EAR Public Hearing 6 p.m. July 8 LDR Joint Workshop with Planning Bd & Bd of Adjustment 3 - 6 p.m. July 8 LDR Public Hearing 7 p.m. 14. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR TO SIGN A LETTER OF INTENT REGARDING PROJECT START (SOLUTIONS TO AVOID RED TIDE) = APPROVED (AGENDA ITEM VIII-3) #3 (0368) through (0390) City Manager Sollenberger stated that on February 1, 1996, the Town of Longboat Key hosted a day-long Red Tide Seminar; that presentations were made regarding the economic impact of Red Tide, especially as it affects tourism on the west coast; that the cost and logistical consideration of dead fish cleanup were also discussed; that experts from the scientific community shared knowledge of the phenomena known globally as harmful algae blooms; that Red Tide is but one of a number of naturally occurring marine plant blooms that adversely affect fisheries and the coastal quality of life; that the objective of Jim Patterson, Mayor, Longboat Key, is to bring political and business focus to a problem that has significant impact on the economics of communities from Tarpon Springs to Naples; that the Town of Longboat Key has adopted a resolution calling for formation of an organization within the region with the objective of organizing, structuring,funding, and administering a program to develop solutions to avoid Red Tide; that the City's participation and confirmation of support in the form of a resolution or letter of intent has been requested; that a letter of support has been drafted for Commission approval. On motion of Vice Mayor Cardamone and second of Commissioner Pillot, it was moved to approve and authorize the Mayor to execute the drafted letter of intent. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 15. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR PUBLIC HEARING, WHICH WILL PROVIDE FOR THE ABATEMENT AND REMOVAL OF GRAFFITI - DELAYED ACTION INDEFINITELY (AGENDA ITEM VIII-4) #3 (0412) through #3 (0552) Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, and John Lewis, Director of Public Safety, came before the Commission. Mr. Litchet stated that the Administration was directed to solicit input from the business community regarding a previously proposed Book 39 Page 12892 03/04/96 6:00 P.M. Book 39 Page 12893 03/04/96 6:00 P.M. strategy for dealing with graffiti; that Staff was directed to research how other communities handle the issue; that David Owens, Sergeant Department of Public Safety, compiled extensive research on communities in Florida and throughout the nation; that representatives of the Public Safety, Code Enforcement, Purchasing, and Public Works Departments reviewed the research and devised a strategy based on common characteristics found in most of the 60 programs. Vice Mayor Cardamone asked if graffiti has increased or worsened since the Commission last discussed the issue? Director Lewis stated that graffiti is at a reduced level from that which was observed six to nine months ago. Vice Mayor Cardamone stated that she has also noticed an improvement; that graffiti could be a cyclical issue; that the Commission may be harshly addressing an issue which is not a continuing problem. Mayor Merrill stated that he had advocated regulation when a proliferation of graffiti was being noticed throughout the City; however, additional graffiti has not been noticed lately; that perhaps forwarding letters of encouragement to property owners requesting the removal of identified graffiti would be a more appropriate manner to approach the issue than implementing an ordinance; that the Administration has conducted research and the proposed elements for an ordinance are available for Commission review if a problem is noticed with graffiti in the future. Mr. Litchet stated that the City's requests for voluntary compliance have been successful. Vice Mayor Cardamone stated and Commissioner Pillot agreed that the Commission should delay action on this issue. Commissioner Patterson stated that the Administration is recommending the City assume the responsibility for cleaning up graffiti; that most property owners will voluntarily cleanup graffiti; that she agrees the Commission should delay action on this issue until or unless the Administration advises of a worsening of problem. 16. BOARD APPOINTMENTS RE: PUBLIC ART COMMITTEE - APPOINTED GEORGE HABORAK (AGENDA ITEM IX) #3 (0552) through (0596) Mayor Merrill stated that the seat of Art Expert on the Public Art Committee (PAC) is vacant due to the resignation of Leslie Judd Ahlander. Vice Mayor Cardamone nominated Pamela Holladay for appointment. Commissioner Patterson nominated George Haborak for appointment; and stated that Mr. Haborak's qualifications are impressive and has been recommended for appointment by the current PAC Chairman. Mayor Merrill càlled for the vote on the nominations. Pamela Holladay received two votes': Cardamone, yes; Pillot, yes. George Haborak received three votes: Dupree, yes; Patterson, yes; Merrill, yes. Mayor Merrill announced the appointment of George Haborak to the Art Expert seat on the PAC. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO DEVELOP IMPROVED PROCEDURES FOR SPECIAL EVENTS DOWNTOWN; CITY ATTORNEY TO DRAFT AN ORDINANCE ELIMINATING THE REQUIREMENT FOR SWEARING IN OF THE ADMINISTRATION PRIOR TO PUBLIC HEARINGS (AGENDA ITEM X) #3 (0603) through (1583) COMMISSIONER PATTERSON: A. stated that the Van Wezel Performing Arts Hall (VWPAH) has always been immaculately well-maintained; that recently a decline in upkeep has been noticed, e.g., coffee stains on the carpet in the lobby, areas of the carpet which do not appear vacuumed, walls in the ladies' restroom which need painting; that although repairs and remodelling for the VWPAH are under consideration, the property should be maintained properly. B. requested a copy of the letter forwarded on the Commission's behalf to Governor Chiles regarding orimulsion. C. stated that a Mardi Gras Festival was held on the downtown streets over the February 23 - 25 weekend; that the event was basically a carnival with many displays of public drunkenness; that she received a complaint from a very distraught citizen; that the Downtown Association also received complaints; that although the owners of businesses support various events to keep the Downtown in the forefront of people's minds, many of the events are not a plus for the antique shops and galleries; that the closing off of streets can actually handicap businesses in the downtown; that the number of events downtown should be limited and screened more carefully; that Paul Thorpe, Executive Director, the Downtown Association, is amenable to meeting with the Administration and developing an improved procedure for scheduling special events in the downtown area. Book 39 Page 12894 03/04/96 6:00 P.M. Book 39 Page 12895 03/04/96 6:00 P.M. City Manager Sollenberger stated that this issue has been discussed with Vice Mayor Cardamone; that the Administration has also received complaints regarding the Mardi Gras Festival; that the City has a permitting process for special events; that a procedure for on-site management and evaluation criteria will be two of the issues discussed when the Administration meets with the Downtown Association to discuss an improved procedure. D. stated that an issue was raised at the February 7, 1996, Planning Board/Local Planning Agency (PBLP), meeting regarding Staff interpretations of the Zoning Code relating, e.g., measurements of floor space calculated from the interior walls although the Code requires the measurement to be taken from the exterior walls; that Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, informed the PBLP the issue would be addressed during the update of the Land Development Regulations (LDR) i that making particular interpretations of a Code in an effort to accommodate a desirable development supported by the City could set a precedent for other less desirable developments; that a Code amendment should be drafted if the Administration feels a Code is too restrictive. VICE MAYOR CARDAMONE: A. stated that Mark Alderson, Executive Director, Sarasota Bay National Estuary Program, was present in the audience when the Commission considered the Red Tide item; that prior to the Commission's voting on an issue, people who are present in the audience and available to answer questions should be recognized. Commissioner Patterson stated that the Commission could have addressed the issue earlier if the Administration had advised a high- salaried employee was waiting to address a specific item. V. Peter Schneider, Deputy City Manager, stated that Mr. Alderson and Douglas Taylor, Environmental Resources Manager, attended the Red Tide Seminar on behalf of the City; that the Administration attempts to have Staff resources available for potential Commission discussions. Commissioner Pillot stated that noncontroversial items, i.e., a letter of intent supporting a local jurisdiction's efforts, could be placed on Consent Agenda and pulled for discussion if required. B. referred to an article entitled Commission-designed Park may be Improved" recently published in the Pelican Press which indicated a suggestion for a possible lagoon suitable for launching kayaks and canoes at the former Franklin Manor property Whitaker-Gateway Park) in lieu of the decaying seawall was represented to the city Staff with potential funding attached and the concept was supported by Commissioner Patterson; and stated that similar suggestions were made by her to City Manager Sollenberger during discussions regarding the Franklin Manor Master Plan. city Manager Sollenberger stated that the Master Plan was presented to the Commission on three occasions and referred to the Parks, Recreation, and Environmental Protection Advisory Board; that permitting from the United States Army Corps of Engineers (USACE) and the Department of Environmental Protection would be required to have a lagoon; that $200,000 $300,000 of grant funding could be jeopardized if a Plan is not finalized and the Park constructed in the near future; that further extensions on the grant funding is not available. Vice Mayor Cardamone stated that the grant funding should not be jeopardized; however, this an example of the need to schedule informal Commission discussions; that she was not aware any other Commissioner supported the concept of providing greater water access at the Park, until the Pelican Press article was read. Commissioner Patterson stated that the grant funding should not be jeopardized; however, the proposal should have been brought to the attention of the Commission prior to the Administration's turning it down; that the City could build 90% of the Park as funded and granted and still address a more innovative approach at the seawall area; that making the waterfront area of the Park more useful for waterfront interests is supported. C. distributed 1996 Atlanta Olympic Games lapel pins to each of the Commissioners; and stated that the Olympic Torch meetings are progressing well; that the John Lewis, Director of Public Safety, has been assisting in the coordination of the Olympic Torch Parade. COMMISSIONER PILLOT: A. stated that requiring the City Manager and Staff to be sworn in to tell the truth prior to public hearings does not seem appropriate; and requested Commission support to rescind that requirement. Mayor Merrill stated that hearing no objections, the City Attorney is directed to draft revised language for a Code amendment. MAYOR MERRILL: A. stated that the Mayor is required to make appointments to the Sarasota Housing Authority; that development of goals Book 39 Page 12896 03/04/96 6:00 P.M. 3e WAaNA-N, *ip Book 39 Page 12897 03/04/96 6:00 P.M. and criteria by which to appoint members was requested of the Administration in late 1995; that a vacancy exists on the Housing Authority; that since an Administration's recommendation on goals and criteria against which a candidate can be evaluated has not been presented for Commission adoption, making an appointment prior to his term expiring as Mayor is unlikely. Commissioner Dupree stated that criteria by which to select future Housing Authority commissioners is necessary and should be developed before an appointment is made. Vice Mayor Cardamone stated that Jack Conway, Community Housing Corporation, recently made a presentation regarding the potential dismantling of the Department of Housing and Urban Development (HUD), and the affects such Federal action would have on cities and communities in which public housing is located; that the City should be proactive in positioning itself to take ownership and properly oversee the operations of public housing; that Federal action regarding HUD is anticipated in the near future. Commissioner Patterson stated that a presentation regarding a reduction in Section 8 certificates and public housing funds was made by Henry Cicnerso, Secretary, U.S. Department of HUD, at a recent meeting she attended sponsored by the Florida League of Cities; that Mr. cicnerso explained that HUD is considering turning existing public housing into mixed-income facilities comprised of tenants who receive public assistance and tenants who earn a more substantial income; that she questions whether people earning an income would voluntarily choose to reside in renovated public housing facilities; that the City should be prepared to address potential changes occurring with HUD and public housing. Commissioner Patterson continued that she is concerned with the Housing Authority's intention to borrow $1.5 million without identifying specific projects for which the funds would be spent. 18. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (1583) through (1778) City Auditor and Clerk Robinson stated that the Annual Neighborhood meeting has been scheduled at the Sarasota High School cafeteria on Thursday, March 7, 1996, from 6 p.m. to 9 p.m. City Auditor and Clerk Robinson continued that the Goals Setting Workshop has been scheduled in the Jacaranda Room at the Waldemere Medical Plaza on Friday March 8, 1996, from 8:30 a.m. to Noon; that a special meeting to discuss the Interlocal Agreement between the City of Sarasota and Sarasota County regarding solid waste disposal will be held immediately following the workshop. 19. ADJOURN (AGENDA ITEM XII) #3 (1779) There being no further business, Mayor Merrill adjourned the regular meeting of March 4, 1996 at 10:05 p.m. e DAVID MERRILL, MAYOR ATTEST: Billy E Rabinoon BILLY ECROBINSON, CITY AUDITOR AND CLERK Book 39 Page 12898 03/04/96 6:00 P.M.