BOOK 40 Page 13583 09/03/96 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 3, 1996, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. SPECIAL PRESENTATIONS, PRESENTATION RE: RETIREMENT AWARD TO CHIEF GORDON R. JOLLY, POLICE SERVICE BUREAU, WITH 27 YEARS OF SERVICE #1 (0030) through (0223) John Lewis, Chief of Police, Sarasota Police Department, requested that Gordon Jolly, retiring Chief of Police Services Bureau, Public Safety Department, join him before the Commission. Police Chief Lewis stated that Gordon Jolly has concluded his employment with the City of Sarasota after 27 years of service, four of which were served as Chief of Police. Police Chief Lewis thanked Chief Jolly for his distinctive, honorable, and dedicated service in the Police Department and congratulated him on his retirement. Mayor Cardamone stated Chief Jolly's visibility and warmth in the community, as commented by many neighborhood associations and community groups, will be missed. Mayor Cardamone read the Retirement Award in its entirety and presented Chief Jolly with a plaque. Chief Jolly recognized his wife, Joanne, son, Steve, and daughters- in-law, Paris and Fawn, who were present in the audience. Mayor Cardamone referred to and expressed appreciation to the Administration for hanging the board displays of the City Commission's goals and defining principles on the walls in the Commission Chambers. The City Commission recessed at 6:09 p.m. into the special session of the Community Redevelopment Agency and reconvened as the City Commission at 6:50 p.m. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0223) through (0259) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove for revisions, Item No. I, Approval Re: Minutes of the regular City Commission meeting of August 19, 1996, per the request of Commissioner Patterson. B. Add under New Business, Item No. VII-2, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Joint Project Agreement Amendment with the State of Florida Department of Transportation for additional sidewalk construction on the Southside Village Streetscape Project. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 3. BOARD ACTIONS: REPORT RE: ACTION TAKEN BY HISTORIC PRESERVATION. BOARD ON JULY 9, 1996, TO INITIATE A PETITION FOR HISTORIC DESIGNATION OF THE CITY WATERWORKS BUILDING LOCANED AT 1015 NORTH ORANGE AVENUE - REFERRED TO THE ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM II) #1 (0259) through (0458) Jane Robinson, Director of Planning and Development, and Robert Town, Chairman of the Historic Preservation Board, came before the Commission. Mr. Town presented the following item from the Historic Preservation Board's regular meeting of July 9, 1996: A. 1015 North Orange Avenue - City Water Works Building Mr. Town stated that Judy Alexander and Jan Benedick addressed the Historic Preservation Board regarding a project to restore the old City Water Works building and utilize the space to exhibit and sell artwork of children artists; that the building was nominated and listed on the National Register of Historic Places in 1984, but local designation of the structure has never occurred; that the Board voted unanimously to initiate a petition for historic designation of the City Water Works building located at 1015 North Orange Avenue; that local designation would enhance the educational BOOK 40 Page 13584 09/03/96 6:00 P.M. BOOK 40 Page 13585 09/03/96 6:00 P.M. organization's ability to obtain grant funding and provide the City with more control over the building; that in accordance with Section 15-9 of the Zoning Code, consent of the property owner is require to pursue designation of the petition; therefore, consent by the City Commission, as the property owner, is requested. Mayor Cardamone stated that Ms. Alexander has forwarded packets to the Commission and the Administration regarding the project proposed for the City Water Works building. City Manager Sollenberger stated that numerous problems stemmed from the City's involvement in the historic renovation of the John Ringling Towers; that substantial Staff time was expended previously when another group considered renovating the City Water Works building; that he has concerns and reservations regarding the historic renovation plan presented by Ms. Alexander; however, the Administration supports the request for historic designation. Mr. Town stated that local designation of a City building would show Commission support for historic preservation. Commissioner Patterson stated that the issue should be referred to the Administration for a report back regarding potential implications of historic renovation associated with local designation of the building. Mayor Cardamone asked if the national register listing implies regulations to use, renovate, and remodel the City Water Works building? Mr. Town stated no; that compliance with national register guidelines is required; however, review by the Historic Preservation Board is not. Mayor Cardamone stated that hearing no objections, the issue is referred to the Administration for a report back. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, AND 5 = APPROVED (AGENDA ITEM III-A) #1 (0458) through (0470) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Paul E. Chapman and Dorothy Elaine Chapman as Trustees for the Chapman Revocable Trust located at 1721 Hansen Street (Sites 11-21, 11-26 and 11-27 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Robert K. Lesser, owner of Bay Road Plaza located at 1904 Bay Road, Site 11-7 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Municipal Services and Pre-Annexation Agreement between the City of Sarasota and David Joseph Smith, VMD and Jo Ellen Baxter-Smith, owners of the Bay Road Animal Hospital located at 1712 Bay Road, Site 11-17 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services contract with Parson's Engineering Science, Inc. for North Trail Area Reclaimed Water Transmission Mains, (RFP #96-108) 5. Approval Re: Set for Public Hearing proposed Ordinance No. 96-3928, amending Article IX of the Zoning Code, to provide that certain existing nonconforming uses located in Residential Zone Districts shall be exempted from the provisions of the Zoning Code which require the termination of nonconforming uses after a reasonable amortization peri- od; making findings as to need; repealing ordinances in conflict; providing for severability of the parts hereof; etc. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Items 1 through 5, inclusive. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 96R-922) ADOPTED; ITEM 2 (ORDINANCE NO. 96-3933) - ADOPTED; ITEM 3 (ORDINANCE NO. 96-3958) - ADOPTED; ITEM 4 (ORDINANCE NO. 96-3965) - ADOPTED (AGENDA ITEM III-B) #1 (0475) through (0562) City Auditor and Clerk Robinson read proposed Resolution No. 96R-922 in its entirety and proposed Ordinance Nos. 96-3933, 96-3958, and 96-3965 by title only. 1. Adoption Re: Proposed Resolution No. 96R-922, appropriating $9,900 from the Unappropriated Fund Balance of the General Fund to fund hiring a traffic engineering consultant to perform detailed level of service analysis of South Osprey Avenue and to forecast traffic volumes and level of service for the years 2000, 2010 and 2020; etc. 2. Adoption Re: Second reading of proposed Ordinance No. 96-3933, to rezone a City owned parcel of real property currently used as a fire training site, from RMF-1 Zone District to G Governmental) Zone District, said parcel lies on the south side of Circus Boulevard approximately 1,000 feet east of north Beneva Road, having a street BOOK 40 Page 13586 09/03/96 6:00 P.M. BOOK 40 Page 13587 09/03/96 6:00 P.M. address of 874 Circus Boulevard; more particularly described herein, etc. (Title Only) (Petition No. 96-RE-03, petitioner, City of Sarasota) 3. Adoption Re: Second reading of proposed Ordinance No. 96-3958, to regulate dogs within Arlington Park; setting forth findings; defining terms; requiring that dogs within Arlington Park be on a leash; requiring that fecal matter be removed; allowing dogs within specified areas in Arlington Park; amending Chapter 10, Sarasota City Code, pertaining to posting of signs in public parks where dogs are prohibited; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 96-3965, providing for the designation of the structure located at 47 South Washington Drive, Sarasota, Florida, historically known as The William J. Burns House as a structure of historic significance pursuânt to the historic preservation ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 96-HD-06, petitioner Mikki Hartig) On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Items 1 through 4, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Cardamone 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. 6. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3964, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996, AND ENDING ON SEPTEMBER 30, 1997: SAID BUDGET TO INCLUDE THE GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUNDS, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, THE CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CURRENT EXPENSES AND CAPITAL EXPENDITURES OF THE WATER AND SEWER UTILITY SYSTEM OF THE CITY OF SARASOTA, EACH BEING SPECIFICALLY IDENTIFIED HEREIN; ASSESSING AND LEVYING AD VALOREM TAXES FOR CALENDAR YEAR 1996; SPECIFYING THE AD VALOREM TAX MILLS TO BE LEVIED AND ASSESSED FOR PURPOSES OTHER THAN BONDED-DEBT SERVICE; SPECIFYING THE AD VALOREM TAX MILLS LEVIED AND ASSESSED FOR BONDED-DEBT SERVICE; MAKING APPROPRIATIONS FROM THE AD VALOREM TAX REVENUES COLLECTED; IDENTIFYING THE BUDGETS AND AMOUNT OF THE AD VALOREM TAX REVENUES WHICH ARE APPROPRIATED FOR THE PURPOSES ENUMERATED HEREIN; APPROPRIATING MISCELLANEOUS REVENUES AND SURPLUS REVENUES FOR THE PURPOSES STATED; INSTRUCTING THE FINANCE DIRECTOR TO KEEP ACCOUNTS sO AS TO ASSURE THE PROPER UTILIZATION OF FUNDS APPROPRIATED TO A PARTICULAR USE OR PURPOSE; APPROPRIATING FUNDS FOR OTHER EXPENSES AND EXPENDITURES: PROVIDING FOR THE DESIGNATION OF A RESERVATION OF FUND BALANCE FOR ENCUMBRANCES AND THE REAPPORTIONING OF FUNDS AT THE END OF FISCAL YEAR 1996-97; PROVIDING THAT A NET SURPLUS, AFTER REAPPORTIONING OF FUNDS, SHALL BE AVAILABLE FOR APPROPRIATION FOR THE ENSUING FISCAL YEAR: APPROPRIATING ALL FUNDS RECEIVED FROM THE STATE OR FED- ERAL GOVERNMENT FOR USES AUTHORIZED BY APPLICABLE LAW: APPROPRIATING ALL MISCELLANEOUS REVENUES NOT OTHERWISE IDENTIFIED IN THIS ORDINANCE AND SURPLUS REVENUES FROM EACH REVENUE SOURCE FOR OPERATING EXPENSES OF THE CITY OF SARASOTA UP TO AND INCLUDING THE TOTAL AMOUNTS APPROPRIATED HEREBY OR AS MAY BE SUBSEQUENTLY PROVIDED BY THE CITY COMMISSION: RESTRICTING THE USE OF DEBT SERVICE TAXES ONLY FOR THE PURPOSES FOR WHICH APPROPRIATED: INSTRUCTING THE FINANCE DIRECTOR TO PROCEED TO COLLECT ALL REVENUES DUE THE CITY OF SARASOTA, INCLUDING AD VALOREM TAXES LEVIED HEREBY AND INI- TIALLY COLLECTED BY THE TAX COLLECTOR FOR SARASOTA COUNTY, FLORIDA; AUTHORIZING THE FINANCE DIRECTOR TO PAY OUT MONIES COLLECTED PURSUANT TO THIS ORDINANCE FOR THE PURPOSES STATED; REQUIRING PAYMENTS ON WARRANT OF THE CITY AUDITOR AND CLERK, COUNTERSIGNED BY THE CITY MANAGER, WHEN REQUIRED BY THE CHARTER OF THE CITY OF SARASOTA; APPROPRIATING FUNDS RECEIVED FROM THE TREASURER OF THE UNITED STATES AND ANY BALANCE REMAINING AT THE END OF ANY FISCAL YEAR AS FUNDING UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0592) through (1195) City Manager Sollenberger stated that, in baseball terms, the proposed budget is a grand slam home run it covers all the bases; that millage is lowered by 26.2%, revenues and expenditures are balanced, a foundation is provided for implementation of target action plans leading to attainment of Commission goals, and all budget issues and salary adjustments are funded; that the FY 96/97 budget provides funding for the following: salary increases for job reclassification and a merit pay plan BOOK 40 Page 13588 09/03/96 6:00 P.M. BOOK 40 Page 13589 09/03/96 6:00 P.M. the Anti-Drug Abuse Program, which was previously grant funded. expanded Code Enforcement expanded Landscape Maintenance the Nuisance Abatement Program, which was initially funded by the Law Enforcement Trust Fund. the addition of three police officers to expand Traffic Enforcement an additional police sergeant to enable implementation of the District Commander Concept $500,000 to meet a future Governmental Accounting Standards Board (GASB) requirement to record uncompensated leave accrued by employees an increase in Workers' Compensation premiums City Manager Sollenberger stated that the fund balance of the General fund for FY 96/97 is 13.5% of expenditures. Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Ordinance No. 96-3964 adopts a budget for the City. of Sarasota for the fiscal year beginning October 1, 1996, and ending on September 30, 1997; that the current operating millage of 5.339 mills will be reduced by 35.5% to 3.7105 mills, which will yield a net ad valorem tax revenue for the General Fund of $9,724,910; that the voted debt service millage is calculated at 1.084, a 6.55% decrease from the current level of 1.160 mills; that the total millage required to finance the proposed budget is 4.7945, which is a decrease of 1.7045 mills or 26.2% compared to FY 95/96. Mr. Mitchell continued that the Truth in Millage Bill requires the City to state the proposed operating millage rate for ad valorem taxes in terms of an increase or decrease from the rolled-back rate; that the rolled-back rate is the millage rate necessary to yield the same ad valorem tax revenue as generated for the prior budget year, FY 95/96; that the rolled-back rate is 5.1467 mills; that the proposed millage rate of 3.7105 mills for FY 96/97 is a 27.90% decrease from the rolled-back rate. Commissioner Patterson stated that approximately $500,000 from reserves will be requested to fund the automatea/paperless reporting system in the Police Department; and asked if a presentation to the Commission regarding the advantages of the system and benefits to the community is planned in the future? City Manager Sollenberger stated yes; that the Records Unit will be reduced by five positions, through attrition or transfer, which will generate savings; that greater efficiency in preparation of reports by police officers will be realized; that a detailed presentation will be made prior to committing funds for the purchase of the automated reporting system. Commissioner Dupree asked for clarification of the increase in costs for solid waste collection. City Manager Sollenberger stated that the cost of living adjustment under the contract with Browning Ferris Industries of Florida (BFI) will increase costs; that an 8.3 percent higher level of tonnage disposed, which was experienced during FY 95/96, is expected to continue for FY 96/97; that the issue will be reviewed to identify the direct cause for the increased tonnage and attempts made to contain and reduce future costs. Commissioner Dupree stated that difficulties achieving collection of recyclable materials at his residence has been experienced over the past 30 days; that although numerous calls have been placed to BFI the materials still remain. Vice Mayor Pillot stated that BFI failed to collect materials at his residence approximately two weeks ago; however, the materials were promptly retrieved after a call was placed to Mr. Early Bradshaw who handles public relations for BFI. V. Peter Schneider, Deputy City Manager, stated that the Administration will contact BFI on behalf of Commissioner Dupree. Commissioner Dupree asked for clarification of the $20,000 subsidy required for the Municipal Auditorium. Mr. Mitchell stated that the Municipal Auditorium subsidy has been ongoing for years; that the subsidy has reduced substantially after the operation was transferred under the management of the Director of General Services. City Manager Sollenberger stated that an $80,000 subsidy, which would be in excess of $100,000 if adjusted by the Consumer Price Index, was required before management responsibilities for the Municipal Auditorium were reorganized. Commissioner Dupree stated that the projected subsidy for the Sports Complex is $203,396; and asked if a comparative study with surrounding facilities has been performed to identify additional uses which could increase revenues for the Complex? Mr. Schneider stated yes; that the information compiled on comparable spring training facilities in Florida will be forwarded BOOK 40 Page 13590 09/03/96 6:00 P.M. BOOK 40 Page 13591 09/03/96 6:00 P.M. to the Commission; that the City of Sarasota subsidy amount is low compared to many of the facilities; that management continues to market and rent the Sports Complex in an effort to increase revenues. Mayor Cardamone opened the public hearing. Yovannah Armes, 1677 Sixth Street (34236), was no longer present in the Commission Chambers. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3964 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3964 by title only. On motion of Commissioner Dupree and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3964 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 7. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 96R-919, GRANTING A SPECIAL EXCEPTION FOR AN OUTDOOR POOL BAR AS AN ACCESSORY USE TO A HOTEL AT 700 BENJAMIN FRANKLIN DRIVE IN THE RMF-4 ZONE DISTRICT, AS REQUESTED BY PETITION 96-SE-07; DESCRIBING TERMS AND CONDITIONS FOR THE SPECIAL EXCEPTION; ETC. (TITLE ONLY) = ADOPTED WITH STIPULATED DAILY CLOSING TIME OF 10 P.M. (AGENDA ITEM IV-2A) AND 8. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 96R-920, GRANTING A SPECIAL EXCEPTION FOR AN OUTDOOR DINING AREA AS AN ACCESSORY USE TO A HOTEL AT 700 BENJAMIN FRANKLIN DRIVE IN THE RMF-4 ZONE DISTRICT, AS REQUESTED BY PETITION 96-SE-11; DESCRIBING TERMS AND CONDITIONS FOR THE SPECIAL EXCEPTION; ETC. (TITLE ONLY) - ADOPTED WITH STIPULATED FINAL SEATING AT 9 P.M. AND CLOSING TIME OF 11 P.M. (AGENDA ITEM IV-2B) #1 (1195) through (3091) Jane Robinson, Director of Planning and Development, came before the Commission and stated that proposed Resolution Nos. 96R-919 and 96R-920 grant special exceptions for an outdoor pool bar and outdoor dining area as accessory uses to the Radisson Lido Beach Resort; that the Planning Board/Local Planning Agency (PBLP) adopted a resolution granting approval of Special Exception Petitions 96-SE-07 and 96-SE-11 subject to the following: Maximum seating of 24 at the pool bar Maximum seating of 42 in the restaurant No outdoor music Hours of operations - pool bar: 11 a.m. - 8 p.m., Monday through Saturday 12 noon - 8 p.m., Sunday Hours of operations - restaurant 7 a.m. = 9 p.m., seven days per week Application for a designated swimming area be made and posting of signs be completed, at petitioner's expense. Ms. Robinson stated that on August 19, 1996, the City Commission voted to hold a public hearing on the special exception petitions with a clause included authorizing the Commission to terminate the special exceptions; that the petitioner, Robert Hassell, CALPAC, Inc., has agreed to the inclusion of a termination clause in both resolutions. A site plan of the Radisson Lido Beach Resort was displayed on the overhead projector. Vice Mayor Pillot asked for clarification of the termination clause. City Attorney Taylor stated that the petitioner has proffered and a clause has been included in the resolutions which would cause the special exceptions to terminate; that in the event the property is sold and the use ceases to be the operation of a Radisson Hotel, the termination would be automatic; that in addition, a procedure has been set forth in the resolutions which allows the Administration to request revocation of the special exceptions from the Commission in the event any of the conditions set forth in the resolutions are violated. Vice Mayor Pillot asked if the conditions have been reviewed by the Lido Key Residents Association? Ms. Robinson stated that a document containing the conditions recommended by the PBLP was made available for review; however, the Lido Key Residents Association may not have had an opportunity to review the termination Clause. Commissioner Patterson stated that she has had ex parte communications on this issue with Audrey Lucker, President, Lido Key Residents Association, and Marcelle Wolf, an active BOOK 40 Page 13592 09/03/96 6:00 P.M. BOOK 40 Page 13593 09/03/96 6:00 P.M. participant, who have indicated the stipulations proffered by the petitioners address their concernsi and with William Strode, Attorney, representing CALPAC, Inc. and the Radisson Lido Beach Resort. Commissioner Patterson asked how a violation of the 9 p.m. closing hour would be determined. Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that the condition would be interpreted as requiring food service to cease at 9 p.m., with patrons allowed to finish their meals; that including specific language to that effect in the resolution would provide for more efficient entorcement. City Attorney Taylor stated that language could be added to the resolution which would clarify the prohibition. Mayor Cardamone stated that her interpretation of a 9 p.m. closing is that lights go off and tables are cleared. Commissioner Merrill stated that restaurants which advertise a closing hour of 9:30 p.m. are frequented regularly; that although food service ceases at 9:30 p.m., an order placed at 9:29 p.m. is served and enjoyed until 10:30 p.m.i that he interprets the closing hour as the time after which orders will no longer be taken or additional patrons will not be allowed to enter the establishment. Vice Mayor Pillot and Commissioner Patterson agreed with Commissioner Merrill's interpretation. William Strode, Attorney, representing Robert Hassell, CALPAC, Inc.; and Chris Brown, General. Manager, Radisson Lido Beach Resort, came before the Commission. Attorney Strode stated that the Radisson organization recently redeveloped the subject property as part of its international chain of upscale hotels; that property previously perceived as a liability to the City and the neighborhood has become an asset; that expenditures to date total several million dollars; that the Radisson Lido Beach Resort has enhanced the values of surrounding properties; that the petitioner does not intend to make any changes which would cheapen or devalue the image or property values of the Resort or surrounding properties; that the two outdoor accessory uses requested by the petitioner are extremely modest in keeping with the residential resort area and ambiance found on Lido Key; that, for example, a pool refreshment bar of only 180 square feet has been requested to adequately provide service to which guests are accustomed; that the Resort currently has 116 rooms but only 48 seats in the interior restaurant and 8 seats in the existing lounge; that outdoor retreshments and dining will be a popular addition for tourists who come to Lido Beach for water, beach, and fresh air. Attorney Strode continued that the City's Comprehensive Plan Future Land Use Map #3 designates all the Lido Beach Gulf frontage from the public beach to the north and to the South Lido Park area as an Impact Management Area (IMA) appropriate for waterfront resort uses and suggests a compatible mixture of residential and tourist oriented uses and services will appear; that the IMA is designed to preserve the basic characteristics of multiple-family living while, at the same time, providing new residential accommodations, attractions, and services for both tourists and residents alike, specifically including hotels and motels, and by special exception, open-air dining facilities in connection with restaurants; that the requested special exceptions are consistent with the City's Future Land Use Element of the Sarasota City Plan. Attorney Strode further stated that concerns have been expressed by residents that granting the special exceptions will create a situation similar to that which apparently exists at the Azure Tides hotel where numerous boats land on the shoreline and boaters frequenting the pool bar participate in excessive drinking and exuberance which leads to noisy and undesirable behavior; that such activities would be offensive to guests to which the Radisson caters and will not be permitted at the Radisson Lido Beach Resort; that the pool refreshment bar, located in excess of 200 feet from the Gulf of Mexico, will be well-buffered with landscaping and not easily visible from off the Resort property. Attorney Strode cited the following from City Ordinance No. 90-3378: No person shall operate a motor boat or watercraft except hand or foot propelled watercraft within a swimming or bathing area which has been clearly marked by duly authorized buoys or other distinguishing devices. Attorney Strode stated that upon approval of the special exceptions and the preliminary site and development plan, the petitioner intends to ensure no bar patrons will be coming in by boat by applying for and marking the appropriate area in front of the Resort's beach as a swimming area designated off limits to any motor boat or watercraft in accordance with Ordinance No. 90-3378. Attorney Strode continued that Staff analysis found that the petitions meet all the criteria in Section 3-11(b) of the Zoning Code; that the petitioner concurs with and proffers those conditions set forth in proposed Resolution Nos. 96R-919 and 96R- 920 as drafted by the City Attorney for this public hearing. BOOK 40 Page 13594 09/03/96 6:00 P.M. BOOK 40 Page 13595 09/03/96 6:00 P.M. Commissioner Patterson asked if the Resort management intends to monitor the designated swimming area to prevent boaters from landing on the shoreline? Mr. Brown stated yes. Mr. Brown stated that his interpretation of the closing hour is that additional patrons could not be seated after 9 p.m.; that a 9 p.m. closing hour is posted in the guest rooms; that guests arriving at the restaurant at 8:50 p.m. expect to be seated and served, which is the standard in the industry. Commissioner Patterson stated that further discussion on the interpretation of the closing hour will be necessary after the public hearing. Mayor Cardamone opened the public hearing. The following people came before the Commission: Audrey Lucker, 729 Tyler Drive (34236) President, representing the Lido Key Residents Association. Ms. Lucker stated that a request for service at the pool bar on Sundays to begin at 1 p.m. was requested; however, 12 noon is acceptable; that 10 p.m. is not an unreasonable hour until which patrons will be expected to remain in a restaurant; that the professionalism and cooperative effort of the Radisson Lido Beach Resort management with the Lido Key Residents Association has been impressive; however, the termination clause language "ceases to be the operation of a Radisson Hotel" concerns her; that the current management has been unusually cooperative in addressing all issues, but potential adverse impacts could result if the management changes and the operation is conducted in a different manner. City Attorney Taylor stated that the special exceptions will be in effect regardless of who is managing the operation as long as the facility remains a Radisson; however, the resolutions set forth conditions and a mechanism for revocation of the special exception which will apply not only to the existing owner but also to any subsequent Radisson owners if violation of the conditions is determined. Ms. Lucker stated that the adverse impacts to the neighborhood resulting from the special exception granted to Azure Tides have been severe; that creating a similar situation should be avoided. Mayor Cardamone stated that the Commission agrees. Ms. Lucker stated that Lido Key Residents Association commends the existing management at the Radisson Lido Beach Resort for being so cooperative. Commissioner Patterson stated that the president of the Lido Key Residents Association has stated that 10 p.m. is not an unreasonable hour; that the petitioner has interpreted the closing hour as the latest time a patron can be seated; that a person seated at 9 p.m. could remain at the restaurant and continue to order food until midnight; that requiring a closing hour of 10 p.m. and adhering to Mr. Litchet's interpretation of the closing hour as the time food service ceases should be considered. Mayor Cardamone stated that a patron arriving before 9 p.m. who is seated and served could also remain at the restaurant until midnight. Ms. Lucker stated that a closing time should be established; that a midnight closing would not be acceptable. Vice Mayor Pillot stated that enforcing a specific time at which service ceases would be difficult; that problems in the kitchen could arise, resulting in food orders being delayed by one or five minutes; that the prohibition should be against seating rather than serving. Mayor Cardamone stated that various dining rooms post a specific closing hour at which time the lights are dimmed and people are expected to vacate. Commissioner Merrill stated that regulations which are easily enforceable and do not make operation of a business difficult are the most appropriate; that the hours of operation condition has been considered to prevent adverse impacts on the surrounding neighborhood; that the likelihood of patrons who are seated at 9 p.m. remaining at the restaurant for three hours is remote; that, nevertheless, the potential number of people who may remain for three hours would be sO small that the neighborhood would not be impacted. Commissioner Patterson stated that interpreting the regulation based on seating for the bar is not supported; that a patron who is seated at 7:59 p.m. could easily remain at the bar until 2 a.m. Marcelle Wolf, 445 Mckinley Drive (34236), stated that the Radisson Lido Beach Resort has been a good neighbor; that the management has been helpful, provided space for group meetings, and operates the facility in a professional manner; that residents recommend the Resort to visiting guests; that the residents have endured numerous problems with other businesses and condominiums operating on Lido Beach; that the conditions in the special exception are necessary to provide recourse in the event the Resort is sold and the new owners and management are not good neighborsi; that she appreciates the cooperative effort undertaken between a private hotel, a residents association, and City government. BOOK 40 Page 13596 09/03/96 6:00 P.M. BOOK 40 Page 13597 09/03/96 6:00 P.M. Mayor Cardamone asked if the termination clause would apply if only a change in management occurred. City Attorney Taylor stated no. Ron Real, 800 Ben Franklin Drive #202 (34236), stated that he resides on the second floor of the Lido Ambassador condominium, facing the Radisson Lido Beach Resort; that the renovations to the subject property have substantially increased his property value; that less than 50% of the 75 units at the Ambassador face the Resort; that the Resort has 116 guest rooms; that concerns of other Ambassador residents about potential clanking of silverware and loud talking are unfounded; that guests staying at the Resort would be subject to the same noises, which would be monitored by Resort management; that the management has done an excellent job of presenting the measures which will be taken to protect the neighborhood from adverse effects. Mr. Real continued that the special exceptions are supported; however, he takes exception to the president of the Lido Key Residents Association representing the entire neighborhood when many residents, including himself, have not been approached or asked for an opinion. Vice Mayor Pillot stated that Mr. Real has raised a valid point; that the Resort management will be as much if not more concerned about disturbances occurring at the restaurant. Mayor Cardamone stated that Ms. Lucker would not come before the Commission representing the position of the Association without having the support of the board; that residents can ensure a voice in the position represented by attending Association meetings. Michael McDonald, 800 Ben Franklin Drive #304 (34236), stated that his residence at the Lido Ambassador condominium has a balcony directly overlooking the site of the proposed outdoor dining facility; that the Radisson Lido Beach Resort has been thus far and is expected to continue to be a good neighbor; that the Resort is recommended to visiting guests; that granting the special exceptions is supported. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. Mayor Cardamone stated that she has had ex parte communication with members of the Lido Key Residents Association regarding this issue. Commissioner Patterson requested discussion with the petitioners and Mr. Litchet regarding the interpretation on the hours of operation. Attorney Strode and Mr. Brown came before the Commission. Mr. Brown stated that the last drink at the outdoor bar would be served at 8 p.m. daily. Commissioner Patterson asked if the petitioner accepts including that stipulation in the resolution? Mr. Brown stated yes; however, allowing restaurant patrons to be seated until 9 p.m. is requested. Commissioner Patterson asked if stipulating 11 p.m. as the hour the restaurant will close, allowing for a normal, leisurely dining experience for a patron arriving at 8:59 p.m., would be acceptable? Mr. Brown stated yes; that the 50% of the guest rooms are located within 150 feet of the outdoor restaurant, with 25% of the guest rooms within 25 feet; that any disruptive noise emanating from the outdoor restaurant would be identified by management as a nuisance to the guests before the noise was heard by surrounding residents. Commissioner Patterson stated that the Resort would not be adversely impacted by a requirement to seat the last patron at 9 p.m. and close the facility at 11 p.m. Mr. Brown stated that is correct; that patrons desiring to continue dining past 11 p.m. could relocate to the interior restaurant. Vice Mayor Pillot stated that the following has been proffered by the petitioner: 1. No drinks will be sold at the outdoor bar after 8 p.m. any day. 2. No patrons will be seated in the outdoor restaurant after 9 p.m. 3. The outdoor restaurant will be closed entirely at 11 p.m. Mr. Brown stated that is correct. Mr. Litchet came before the Commission and stated that the proffers are reasonable and enforceable; however, a specific closing time for the outdoor bar should be considered. Mr. Brown stated that the pool adjacent to the outdoor bar closes at 10 p.m.i that including a 10 p.m. closure for the outdoor bar is acceptable. Commissioner Patterson stated that the petitioners' cooperative effort with the Commission and the Lido Key Residents Association has been appreciated. BOOK 40 Page 13598 09/03/96 6:00 P.M. BOOK 40 Page 13599 09/03/96 6:00 P.M. Mayor Cardamone stated that numerous compliments regarding the management were received from the neighborhood. Vice Mayor Pillot asked to whom Mr. Brown is responsible? Mr. Brown stated that he reports directly to Robert Hassell, President, CALPAC, Inc., the owner of the Radisson Lido Beach Resort; and Radisson Corporate in Minneapolis, Minnesota, which is the franchisor. Vice Mayor Pillot requested Commission support for the Mayor to forward a letter to those persons to whom Mr. Brown reports specifying how pleased the Commission is with the management of the Radisson Lido Beach Resort. Mayor Cardamone stated that hearing no objections, the Administration is directed to draft an appropriate letter for her signature. City Manager Sollenberger stated that the Administration recommends adopting Resolution Nos. 96R-919 and 96R-920. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F,H,J & M and City of Sarasota local amendments City Auditor and Clerk Robinson read proposed Resolution No. 96R-919 by title only. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to adopt proposed Resolution No. 96R-919 with the proffer of a 10 p.m. closing for the outdoor bar included. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. City Auditor and Clerk Robinson read proposed Resolution No. 96R-920 by title only. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to adopt proposed Resolution No. 96R-920, with the proffers to seat the last patron at 9 p.m. and close the facility at 11 p.m. included. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. The Commission recessed at 8:03 p.m. and reconvened at 8:15 p.m. 9. CITIZENS INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO REPORT BACK REGARDING TRAFFIC ON ARLINGTON STREET (AGENDA ITEM VI) #1 (3051) through (3569) The following people came before the Commission. Merle and Beverley Lilly, 2356 Arlington Street (34239). Mr. Lilly distributed materials to the Commission and stated that he and his wife have resided in Sarasota for 51 and 58 years respectively and have resided on Arlington Street for the past 41 years; that travel on Shade Avenue in 1955 was difficult without a four-wheel drive vehicle as the road was sand from Arlington Street to Bee Ridge Road; that recently, speed humps were installed on Shade Avenue; that a light preventing cross traffic from the Sarasota Memorial Hospital (SMH) was installed at Waldemere Street and U.S. 41; that the various traffic abatement measures taken have diverted a substantial amount of traffic onto Arlington Street; that almost 1,000 vehicles use Arlington Street daily; that although the street is posted with 25 mph and "No Thru Truck" signs, motorists travel at speeds of 30, 35, and 50 miles per hour (mph) and delivery trucks use Arlington Street to access the gas station and restaurants at U.S. 41. Mr. Lilly requested that consideration be given to making a cul-de- sac on Arlington Street east of Lime Avênue; that 13 feet of right- of-way exists on each side of the 24-foot wide street; that several neighbors support the request; that Asim Mohammed, Assistant City Engineer, and Joseph Pizzalato, Traffic Control Systems Technician IV, are scheduled to review the area on Wednesday, September 4, 1996. City Manager Sollenberger stated that he recommends referring the issue to the Administration for a report back. Mayor Cardamone stated that the issue has been reviewed for the past three years without resoivei; that the traffic abatement measures taken have greatly reduced traffic on Waldemere Street; however, the diversion of traffic reported by Mr. Lilly is a classic of example what happens to neighboring streets when traffic abatement measures are initiated on a specific street; that the adverse impacts may increase when SMH proceeds with plans to expand. BOOK 40 Page 13600 09/03/96 6:00 P.M. BOOK 40 Page 13601 09/03/96 6:00 P.M. Mayor Cardamone stated that hearing no objections, the issue is referred to the Administration for a report back. Edward Harding 417 North Briggs Avenue #709 (34237), representing Harding Partners, Inc., was no longer present in the Commission Chambers. 10. UNFINISHED BUSINESS: REPORT RE: STORMWATER ENVIRONMENTAL UTILITY ASSESSMENT PROCEDURES = AUTHORIZED ADMINISTRATION TO EXPRESS THE FOLLOWING CITY POSITIONS TO THE SARASOTA COUNTY BOARD OF COMMISBIONERS AT SEPTEMBER 5, 1996, PUBLIC HEARING: 1) ASSESSMENTS WITHIN CITY PORTION OF PHILLIPPI CREEK BASIN MUST CORRESPOND TO METHOD PRESCRIBED IN THE INTERLOCAL AGREEMENT; 2) THE CITY IS NOT PREPARED TO GRANT CONSENT TO IN-CITY REVENUES FOR DEBT RETIREMENT; 3) REVENUES COLLECTED WITHIN THE CITY WILL BE CREDITED FOR USE WITHIN THE CITY AND BE AUDITED BY THE CITY AUDITOR AND CLERK; AND 4). THE COUNTY WILL NOT ASSESS HUDSON BAYOU BASIN FOR STORMWATER IMPROVEMENTS (AGENDA ITEM VIII) #1 (3570) through #3 (1209) City Manager Sollenberger stated that the City participates in the County Stormwater Environmental Utility (SEU) through an Interlocal Agreement and referred to text displayed on the overhead projector to explain the following four problems identified with the 1996 proposed non-ad valorem stormwater assessments: 1. Revenues collected for stormwater operation and maintenance within the City have not been properly credited for use within the City. City Manager Sollenberger stated that notices received by City property owners on Flamingo Drive, St. Armands Key, Lido Key, and 988 Boulevard of the Arts show assessments contributing toward the operation and maintenance for unincorporated Sarasota County rather than the City of Sarasota, with the total revenues collected in the County of $10.8 million; that the notices reflecting funds for operations and maintenance in the City of Sarasota reflect total revenues of $1.8 million; that a memorandum drafted by Robert Waterston, Stormwater Manager, Sarasota County, indicates that an omission by the Stormwater Environmental Utility (SEU) resulted in eligible tax parcels within certain City areas being identified as County parcels; that the memorandum indicated the tax code portion of the system will be modified to include eligible City parcels in the appropriate municipal revenue district ensuring that funds flowing from municipal parcels accrue to City accounts and are properly returned in the form of services or improvements. 2. Sufficient time has not been provided for the City Commission to consider granting consent for use of in-City revenues for debt service. City Manager Sollenberger stated that the County is in the process but has not yet issued bonds for the construction of capital improvements in the various basins; that at the end July, City Staff received a request from County Staff for a consent of pledge of revenues for Hudson Bayou Basin debt service; that the request provides insufficient time for proper consideration and deliberation by the City Commission; that the non-ad valorem assessment is approximately $103 for affected properties in the Hudson Bayou Basin, all of which lie within the City boundaries; that the Commission's objecting to the assessment will delay improvements; however, the City would gain time to analyze the situation and, if the Local Options Sales Tax (L.0.S.T.) is extended in 1999, be in a position to use those revenues to support stormwater improvements within the City; that the Administration recommends the City Commission voice objection to the non-ad valorem assessment for improvements within the Hudson Bayou Basin and communicate to the Sarasota Board of County Commissioners that deletion of the assessment is expected. 3. Phillippi Creek Basin capital improvements assessments are not calculated consistent with the Interlocal Agreement between the City and the County of Sarasota. City Manager Sollenberger stated that assessments for the Phillippi Creek Basin, an area which lies both in the City and in the County's unincorporated area, have been based on Equivalent Stormwater Units (ESUS) which are calculated on lot size; that calculating lot sizes with ESUS results in uniform assessments levied on properties throughout the Basin; however, the Interlocal Agreement requires that the revenues collected for improvements be based proportionally on the land areas distributed between the City and the County; that the City occupies approximately 6.8 percent of the Basin while assessments to City-developed properties are approximately 13.5 percent; that this percentage is twice the amount which would have been calculated had the County used the formula agreed upon in the Interlocal Agreement. City Manager Sollenberger continued that County Staff presented the ESU method of calculating non-ad valorem assessments at the March 14, 1994, City Commission workshop; that the County recommended a three-tiered approach based on lot size for billing single-family residences with the third tier including 14,500-square-foot lots and above; therefore, a 15,000-square-foot lot and a 5-acre lot would be assessed identically; that the terms of the Interlocal Agreement were never addressed at the workshop; that the' Commissioners pointed out the inequities of and the burden placed on City residents by the ESU method and requested that County Staff return information to the City regarding the magnitude of the assessment proposed for City property owners; that although the questions raised by the City Commission at the workshop had not BOOK 40 Page 13602 09/03/96 6:00 P.M. BOOK 40 Page 13603 09/03/96 6:00 P.M. been answered, the County adopted an ordinance two years ago establishing the ESU basis for calculating assessments. City Manager Sollenberger continued that compliance with the assessment method provided in the Interlocal Agreement, believed by the County as inconsistent with their overall method of assessment, was never addressed at the workshop; that the County believes the ordinance providing for a system of assessments is legally defensible. City Manager Sollenberger further stated that improvements scheduled for the Phillippi Creek Basin are not located within the City and none of the improvements appear to provide any direct benefit to properties within the City; that assessments within the City portion of the Phillippi Creek Basin for capital improvements should correspond to the method prescribed in the Interlocal Agreement. 4. Phillippi Creek Basin capital improvements assessments appear to anticipate a bond issue to which the City has not agreed to pledge future revenues. City Manager Sollenberger stated that the County adopted the assessments in the Phillippi Creek Basin in anticipation of a bond issue financing approximately $38 million in improvements; that the Commission would be required to pledge City revenues toward the debt service; that the consent of the City Commission has never been discussed or requested by the County; that the County should have discussed the issue with the City Commission, in the spirit of the Interlocal Agreement, before the assessments were made. City Manager Sollenberger stated that the Administration recommends the following City Commission position be expressed to the County Commission at its public hearing on September 5, 1996: 1. Assessments for capital improvements within the City portion of Phillippi Creek Basin must correspond to the method prescribed in the Interlocal Agreement. 2. The City is not prepared to consider granting consent to use of in-City revenues for debt retirement at this time. 3. Assurance must be provided that all revenues collected from stormwater operations and maintenance in the City have been and will be credited for use within the City and that the City Auditor and Clerk be authorized to conduct an audit to ensure proper crediting of the revenues to the City. City Manager Sollenberger stated that the County may not be able to implement Recommendation #1 at this late stage; however, the County could be requested to delete the assessment for improvements in the Hudson Bayou Basin. Commissioner Patterson stated that past tax bills show her home was also assessed incorrectly in 1995; that her 1994 tax bill appears to be correct; however, the past two years are a concerni and asked if the Interlocal Agreement actually states a formal vote must be taken by the City Commission before revenues are pledged in the Phillippi Creek Basin? City Manager Sollenberger stated that a clause, purposely inserted in the Interlocal Agreement to give the City Commission control over revenues, indicates consent from the City Commission is required before any future revenues are pledged for debt service. Commissioner Patterson stated that no consent has been given by the City Commission. City Manager Sollenberger stated that is correct; that the City Commission has not given consent to pledge City revenues for debt service for stormwater drainage improvements in the Phillippi Creek Basin or for the Hudson Bayou Basin. Commissioner Patterson stated that non-ad valorem assessments will be levied against Phillippi Creek Basin property owners for 15 years if the City approves the pledge for debt service for the Phillippi Creek Basin; that Citywide generated L.0.S.T. dollars may potentially be used to pay for stormwater improvements in Hudson Bayou Basin; and asked if City residents of the Phillippi Creek Basin should be taxed for stormwater improvements in the Hudson Bayou Basin through the L.0.S.T. program in addition to County assessments for their homes in Phillippi Creek Basin? City Manager Sollenberger stated that the Administration is not recommending the Commission approve the pledge for debt service for the Phillippi Creek Basin; that the propriety of that assessment is being questioned. Commissioner Patterson stated that Phillippi Creek Basin was assessed last year. Commissioner Merrill asked if the assessments on Phillippi Creek Basin residents would be affected by the Administration's recommendation to apprise the County of the City Commission's caution against granting consent to pledge debt service at this time? Mr. Sollenberger stated yes. BOOK 40 Page 13604 09/03/96 6:00 P.M. BOOK 40 Page 13605 09/03/96 6:00 P.M. Commissioner Merrill asked if the final decision on the Hudson Bayou Basin assessment would be made by the County Commission, Thursday, September 5, 1996? City Manager Sollenberger stated yes. Commissioner Merrill stated that the Hudson Bayou Basin Master Plan, although presented to the City Commission, has never been endorsed; and asked why the Administration's recommendation does not explicitly state that the County should postpone any decision on the plan prior to City Commission review. City Manager Sollenberger stated that the Administration will refine the language after the City Commission authorizes the Administration's recommendations. Commissioner Merrill asked if language could be included in the recommendation indicating the City Commission requests the County Commission not assess for improvements in the Hudson Bayou Basin? City Manager Sollenberger stated yes. Commissioner Patterson asked if the bonds have been floated for the Phillippi Creek Basin? City Manager Sollenberger stated no. Commissioner Patterson stated that Phillippi Creek Basin property owners were assessed one year ago; however, no reason exists to repeat the mistake for the next 15 years; and asked why the City Commission should not ask the County to stop assessing for stormwater drainage improvements in the Phillippi Creek Basin? City Manager Sollenberger stated that although the City Commission could present the request, the County Commission has the practical problem of having already distributed the assessments among all property owners in the Phillippi Creek Basin; that the County will not have the opportunity to adjust assessments within the unincorporated area, for which notices have already been mailed, if the City portion were to be deleted; that the County will have fewer funds for stormwater improvements in the Phillippi Creek Basin during the current year if the City Commission requests deletion of that assessment. Commissioner Patterson stated that two stormwater improvement projects have been scheduled for properties lying within the City limits in the Phillippi Creek Basin in the year 2000; that the proportionate amount of improvements to City property funded by the bond issue is questioned; that the funding and planning of stormwater improvements for the Phillippi Creek Basin should be partnered with the Hudson Bayou Basin issue. Mayor Cardamone stated that assessing City residents who comprise 6 percent of the Phillippi Creek Basin for 13 percent of the costs appears unfair. City Manager Sollenberger stated that property within the City limits in Phillippi Creek Basin is more intensely developed than in the unincorporated areas, resulting in higher assessments for City property owners. Mayor Cardamone asked if the assessment is on developed house lots in the City versus land in the County? City Manager Sollenberger stated yes. Mayor Cardamone stated that at the 1994 workshop, the City requested the County to research and return with information regarding the method of tiering the assessments; that the City Commission expressed concern over lot sizes which did not correspond to County land units; that the City Commission voiced concern over fairness at that time; and asked if the City expected the County to return and clarify the issue? City Manager Sollenberger stated yes. City Auditor and Clerk Robinson distributed the minutes of the March 14, 1994, City Commission workshop. Commissioner Patterson stated that she had requested the minutes; that the minutes indicate the City Commission informed the County that the mechanism for calculating assessments should have more tiers; that a large City lot should not be assessed the largest fee; that no further information was provided by the County. Mayor Cardamone stated that the lack of follow-up has resulted in the entire issue being relegated to unfinished business. Commissioner Patterson stated that a formal vote was never taken as the information was presented by the County at a workshop. City Auditor and Clerk Robinson stated that is correct; that changing the Interlocal Agreement would have required an amendment. Commissioner Patterson stated that the Interlocal Agreement would not have been amended if the County's proposal was unsatisfactory. City Manager Sollenberger stated that no follow-up occurred after the workshop; that the County gave no response to the City Commission clarifying calculation methods for assessments for the Phillippi Creek Basin; that the workshop discussion never focused on implementing the provision of the Interlocal Agreement directing a proportionate amount of funds pay for improvements on an areawide BOOK 40 Page 13606 09/03/96 6:00 P.M. BOOK 40 Page 13607 09/03/96 6:00 P.M. basis; that the workshop discussion revolved around the ESU mechanism. The following people came before the Commission: Stacy Fletcher, 651 Ohio Place (34236), stated that she serves on the Board of Directors of the Laurel Park Neighborhood Association (LPNA) i however, the President of the LPNA is present and will represent the Board; that the Commission's ongoing efforts on behalf of Laurel Park are appreciated; that the Commission is requested to review the stormwater assessments proposed for improvements to the Hudson Bayou Basin as Laurel Park, directly affected by stormwater run-off from Osprey Avenue and U.S. 301, was not included in the study. Ms. Fletcher distributed photographs exhibiting evidence of flooding in the Laurel Park neighborhood and stated that trash cans and debris have floated down Ohio Street, water has risen to the steps of homes, cars have been flooded, and neighbors have been witnessed wading through flooded streets; that water carrying gravel, dirt, and garbage flows down Osprey Avenue and Alderman Street. Ms. Fletcher continued that the County has scheduled stormwater improvements for two water quality inlets in the Ohio Place neighborhood in the year 2000; that the inlets will not improve the situation as water will continue to flow unrestricted and cause flooding up to the year 2000; that neighborhood redevelopment efforts are underway and will hopefully continue; however, flooding poses risks to incentives for long-term investment in the area; that homes have been purchased by people unaware of the location of the neighborhood on the flood plain; that the City Commission has always used their power to help City neighborhoods; that consolidation with the County which would dilute that power is undesirable. Ms. Fletcher presented a petition signed by neighborhood residents which stated the following: We respectfully request that we should not have increased taxes for something which will not fix our flooding problems. Laurel Park was not included in the Hudson Bayou Basin Master Plan of 1994, written and amended by your consultants even though a large percentage of our neighborhood is in the Federal Emergency Management Agency (FEMA) flood zone. The small project budgeted for the year 2000 does not address the problems of inadequate storm drains nor flooding on our streets. Laurel Park should not have a larger tax assessment than other neighborhoods. We ask that Sarasota County and City Commissioners and Staff work together so we can have adequate drains to prevent rainfall flooding. Ms. Fletcher stated that the petitioners are Ohio Place residents who are affected by flooding. Vice Mayor Pillot asked if the Administration's recommendations address Laurel Park's flooding problems? City Manager Sollenberger stated that the Administration recommends no assessment be levied for stormwater drainage improvements in the Hudson Bayou Basin until the City can ensure inclusion of areas like Laurel Park in long-term stormwater plans. Vice Mayor Pillot asked if the petitioners' request is consistent with the Administration's recommendation? City Manager Sollenberger stated yes; that representatives of the County Stormwater Utility, present in the Commission Chambers, are taking copious notes. Mayor Cardamone stated that the severity of flooding in Laurel Park was previously unknown; that Ms. Fletcher should present the petition and the pictures at the September 5, 1996, County Commission meeting that the Laurel Park neighborhood can expect support from the City. Ms. Fletcher stated that a prior commitment will prevent her attendance. Commissioner Merrill stated that the City treats house flooding as a high priority and maintains a list of affected properties; that Laurel Park neighborhood residents should inform the City of houses flooding. Ms. Fletcher stated that City records should demonstrate a number of calls from neighborhood residents reporting flooding problems. City Manager Sollenberger stated that the pictures would help the City's position before the County Commission; and asked if the pictures could remain with the Administration? Ms. Fletcher stated yes. Merle and Beverley Lilly, 2356 Arlington Street (34239), stated that 41 years ago, unpaved Shade Avenue absorbed excess rainwater; however, adequate drainage is no longer provided by a natural environment; that both the main floor and the utility room of their home have flooded. BOOK 40 Page 13608 09/03/96 6:00 P.M. BOOK 40 Page 13609 09/03/96 6:00 P.M. Commissioner Patterson asked if the Lillys' home is located in the Hudson Bayou Basin? Mr. Lilly stated yes; that the flood control office of the Fruitville Drainage District was contacted when the house was flooded many years ago; however, no assistance was provided; that the County used to clean the ditch on Arlington Street which is now blocked with trees; that the County claims the stormwater assessment, a portion of which was originally designated for new drainage, now funds maintenance only; that photographs can be produced which demonstrate the lack of proper maintenance as approximately 12 houses in the Arlington Street neighborhood suffer from intermittent flooding. City Manager Sollenberger stated that Staff is evaluating the effectiveness of the drainage utility; and asked if Mr. Lilly would furnish the photographs to the City? Mr. Lilly stated yes. Ms. Lilly stated that she has a photograph of her daughter coming back from Alta Vista School pushing her bicycle in high water; that her daughter is now a grandmother and the high water is still being endured. Commissioner Patterson stated that a 14,500 square-foot lot is currently assessed over $100 for stormwater maintenance; that complaints are continually received from District 2 residents regarding drains clogged from leaves, barnacles on waterfront drains, etc; that substantial fees levied for maintenance by the County are producing questionable results. Mr. Lilly stated that the proposed maintenance fee of $103 for 15 years is unfair; that the sales tax or the General Fund should pay for stormwater improvements; that no benefits have been produced by the County for the Arlington Street neighborhood in 41 years. City Manager Sollenberger stated that ongoing, established consolidations between the City and County have been successful; however, the stormwater consolidation which was a start-up situation is experiencing problems. William Baumgartner, 636 South Osprey Avenue (32436), distributed to the Commission and read into the record a letter from himself and Barbara Best, a resident at the same address, providing descriptions of flooding in Laurel Park, objections to the stormwater assessment, and communications with the County Stormwater Staff. Mr. Baumgartner stated that a storm drain in front of 636 South Osprey Avenue overflows when less than one cubic foot of debris is present causing water to rise to an 18 to 20-inch depth at the front steps; that water floods two rear buildings and flows into the backyards on Ohio Place which experienced 30-inch flooding in 1995; that the Hudson Bayou Basin Master Plan of 1994 did not study Laurel Park, located in the FEMA flood zone; that the specificity and thoroughness of a County survey conducted in August are questioned; that all City property owners should be assessed equally; that the City should ensure the median proposed for Osprey Avenue does not block water flowing from Oak Street and Washington Boulevard; that adequate storm drains should be constructed to direct the flow of water under or around the proposed Osprey Avenue median to protect the residents of Osprey Avenue and Ohio Place from additional flooding; that oak trees, which produce excessive droppings, should not be used in the landscaping on the median; that clean, practical plantings, producing as little debris as possible, should be used instead. Mr. Baumgartner continued that the letter, photographs, a map of the proposed Hudson Bayou Basin stormwater plan, and the petition submitted by Ms. Fletcher will be presented at the September 5, 1996, County Commission meeting; and asked for clarification of the Administration's recommendation. City Manager Sollenberger stated that a portion of Laurel Park's $103 non-ad valorem stormwater assessment is allocated for stormwater improvements in the Hudson Bayou Basin; that the Administration recommends against City approval of the $103 assessment which is being levied in anticipation of a bond issue; that the City Commission has had no opportunity to review the improvements proposed by the County and requires time to determine if the assessment is supportable; that the newly presented and previously undisclosed problems of Laurel Park warrant inclusion in the review; that asking the County Commission to delete the Hudson Bayou Basin assessment may delay the stormwater improvements; however, the improvements may be rescheduled if the City and County reach a mutually beneficial agreement. Martha Hafner, 1841 Oak Street (34236) President, Laurel Park Neighborhood Association, stated that the Board has not discussed the stormwater assessment; that individual members of the Board do not object to an assessment for improvements; however, the flooding on Ohio Place, Osprey Avenue and sections of Oak Street remain unaddressed by the County; that most of the proposed improvements are planned for the Euclid and Arlington Canals while Laurel Park is on the Hudson Canal; that two water quality inlets, scheduled for the year 2000, are designed to ensure the quality of water entering Hudson Bayou, but will contribute nothing to flood control; that the Commission is requested to ensure the inclusion of all flood plains in stormwater drainage proposals. Commissioner Patterson asked if the $103 assessment for stormwater improvements would be supported if the proposed measures eliminate flooding problems in Laurel Park? Ms. Hafner stated yes. BOOK 40 Page 13610 09/03/96 6:00 P.M. BOOK 40 Page 13611 09/03/96 6:00 P.M. Commissioner Patterson stated that while certain areas in the Phillippi Creek Basin flood intermittently, streets in other sections of the Basin are wet all the time even in the absence of rainfall. Vice Mayor Pillot agreed. Mayor Cardamone stated that the map presented by Mr. Baumgartner excludes sections of the Hudson Bayou Basin; that sections of the Basin, assessed for the stormwater improvements, are incorrectly indicated as being outside the Basin. Ms. Hafner stated that difficulty has been experienced in gathering the facts. Commissioner Patterson asked if the map was drawn by Laurel Park residents? Ms. Hafner stated no; that the map was acquired from the County. V. Peter Schneider, Deputy City Manager, stated that the map was from the Hudson Bayou Basin Master Plan. Mayor Cardamone stated that the area south of Hudson Bayou and west of U.S. 41 is incorrectly excluded from the Basin on the mapi that no flooding exists in those areas due to excellent drainage into Hudson Bayou. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to approve the Administration's three recommendations and the addition of a fourth recommendation for the City to request the County not assess for improvements for the Hudson Bayou Basin; that the following four recommendations be presented as the City's position at the September 5, 1996, meeting of the Sarasota Board of County Commissioners: 1. Assessments for capital improvements within the City portion of Phillippi Creek Basin must correspond to the method prescribed in the Interlocal Agreement. 2. The City is not prepared to consider granting consent to use of in-city revenues for debt retirement at this time. 3. Assurance must be provided that all revenues collected from stormwater operations and maintenance in the City have been and will be credited for use within the City and that the City Auditor and Clerk be authorized to conduct an audit to ensure proper crediting of the revenues to the City. 4. The County not assess for stormwater improvements for the Hudson Bayou Basin. Commissioner Merrill stated that neighborhood residents who have been excluded from the planned stormwater improvements proposed in Hudson Bayou Basin have questioned if property owners in one area of the City should be required to pay for stormwater improvements in other neighborhoods; and asked the status of improvements to the Whittaker Bayou Basin? City Manager Sollenberger stated that studies have been initiated on the Whittaker Bayou Basin. Commissioner Merrill stated that the issue of funding stormwater improvements on a Citywide basis to protect neighborhood homes from flooding was raised when $1 million was allocated for improvements to the Van Wezel Performing Arts Hall (VWPAH) parking lot; that neighborhood residents may agree to an assessment to obtain relief from flooding; however, other City funding could be used to fund a portion of the Hudson Bayou Basin stormwater improvement project; that, for example, $400,000 is currently budgeted for replacement of Bird Key street lighting; that upgrading one neighborhood's existing lighting system should not be a higher priority than alleviating another neighborhood's house-flooding problems. Commissioner Merrill continued that L.O.S.T. funds, collected on a Citywide basis, are standardly used for eighborhoo-speciric projects; that approximately $200,000 per year would facilitate a 10-year improvement plan for the Hudson Bayou Basin; that middle- class property owners attempting to upgrade declining neighborhoods are economically burdened by the assessment of $103 annually for 15 years; that stormwater projects should be implemented and funded by the potential 1999 L.O.S.T. renewal. Commissioner Dupree stated that he supports the motion; that neighborhood residents north of 10th Street, on Coconut and Central Avenues, and on 18th Street also suffer from stormwater flooding; that the street was virtually impassable during a storm on Friday, August 26, 1996, which caused stalled and flooded vehicles; that vehicles in the parking lot of the Sunshine Villa also floods during heavy rains. Commissioner Patterson stated that she supports the motion; that no assessment should be levied until the problems of neighborhood residents are addressed in a thorough study of the Hudson Bayou Basin; that the majority of the Whittaker Bayou Basin Project will be funded through the United States Army Corps of Engineers (USACE), requiring little or no assessment to individual taxpayers; however, the assessment to property owners in the City portion of the Phillippi Creek Basin for drainage associated with the County's BOOK 40 Page 13612 09/03/96 6:00 P.M. BOOK 40 Page 13613 09/03/96 6:00 P.M. celery fields in the area of Palmer Boulevard is more disturbing than the assessment on properties in the Hudson Bayou Basin. Commissioner Patterson continued that the Administration has recommended that Bird Key street lighting be replaced and $400,000 has been budgeted for the. project; that providing lighting at the same level provided to other City neighborhoods without a substantial expenditure would be preferable; however, replacement of street lighting on Bird Key is necessary to correct problems continuously experienced with a poor lighting system, installed approximately 30 years ago by a developer; that Bird Key residents will not be receiving upscale lighting but an operable system. Mayor Cardamone stated that she supports the motion; that City property owners should not be assessed to correct problems created by imprudent development in the County; that water does not travel uphill from the City to the celery fields; that major flooding occurred when Phillippi Creek overflowed during heavy rains and numerous homes on Bahia Vista Street were flooded with three and four feet of water; that the County subsequently cleaned out Phillippi Creek, but the City properties had already sustained substantial damage; that the repair of clogged drains in Cherokee Park were addressed by the City in response to an aggravated constituent after numerous attempts had been made to obtain service from the County; that the rapid response provided by the City to residents' complaints is not duplicated by the County; that information regarding the amount of City assessments collected and the projects addressed in the City would be valuable to the Commission. City Auditor and Clerk Robinson stated that the City's internal auditors have been directed to commence immediately with a detailed study of revenues collected within the City by the County and the stormwater improvements made by the County in the City. City Manager Sollenberger stated that a comprehensive evaluation of stormwater issues addressed by the Interlocal Agreement is being conducted to determine if the relationship between the City and County should be reconstructed. Mayor Cardamone stated that stormwater problems unresolved by the County are eventually solved by the City; and asked if that funding will be reflected in the audit? City Manager Sollenberger stated yes. Commissioner Merrill stated that the Commission should determine whether street lighting is more important than house flooding; that the original engineering report on the Bird Key street lighting states that the underground wiring is still functional, the existing poles and fixture are in good condition, and dark spots are caused by foliage growth; that providing relief to property owners whose homes flood should be a higher priority than replacing street lights which are functional; that raising the millage by one mill would provide sufficient funding for Citywide stormwater improvements; however, the impact to Bird Key property owners would be greater than to property owners in the middle-class neighborhoods. Commissioner Patterson stated that Bird Key does not have stormwater problems. Mayor Cardamone stated that Bird Key does contribute to the problem. Commissioner Merrill stated that analyzing currently budgeted projects to determine priority relative to stormwater improvements or raising the millage rate to provide funding for stormwater improvements are both acceptable; however, placing a 15-year, $103 tax on middle-class residents struggling to rejuvenate their neighborhoods is unacceptable; that better street lights for Bird Key are supported; however, projects of higher priority should be funded first. Commissioner Patterson stated that she never received a report stating that the wiring and the poles were adequate; that the wiring is believed to be uncoated and producing real problems for the City; that she never brought the issue to the Administration; that the Administration brought the issue to the Commission. City Manager Sollenberger stated that the City was contacted by the Bird Key Neighborhood Association regarding street lighting problems; that an engineer was subsequently hired to perform a study, a copy of which was furnished to the Commission; that a second report from the engineer as well as a report from Florida Power and Light (FPL) were received; that Staff can provide more details. Mayor Cardamone asked City Auditor and Clerk Robinson to state the motion. City Auditor and Clerk Robinson stated the motion as to approve the following four recommendations to be presented as the City Commission's position before the September 5, 1996, County Commission meeting: 1. Assessments for capital improvements within the City portion of Phillippi Creek basin must correspond to the method prescribed in the Interlocal Agreement. 2. The city is not prepared to consider granting consent to use of in-city revenues for debt retirement at this time. BOOK 40 Page 13614 09/03/96 6:00 P.M. BOOK 40 Page 13615 09/03/96 6:00 P.M. 3. Assurance must be provided that all revenues collected from stormwater operations and maintenance in the City have been and will be credited for use within the City and that the City Auditor and Clerk be authorized to conduct an audit to ensure proper crediting of the revenues to the City. 4. The County not assess for stormwater improvements for the Hudson Bayou Basin. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Commissioner Patterson asked for clarification of the street lighting problems on Bird Key. Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, came before the Commission and stated that the Bird Key street lighting report was furnished by Frank Williams, an electrical engineer who has performed several City lighting projects including Main Street and Central Avenue; that the initial report recommended leaving the system alone; however, the system, built in the 1960s, was a direct buried aluminum cable system insufficient for current electrical standard codes and prone to outages in certain areas. Mr. Mountain continued that Staff decided to install an entirely new system when the recommendations were submitted by Mr. Williams; that an easy overhead line repair can be accomplished when a street light requires replacement in other neighborhoods; however, the Bird Key system ties into underground, FPL vaults; that many of the lines run through inaccessible, landscaped areas which must be torn up to enable repairs; that the current system is expensive, inconvenient to homeowners, and requires upgrading; that the underground Bird Key system currently provides lighting at the minimum standard allowed by the City and cannot be upgraded simply by requesting FPL to install another light; that the new system of providing a light every 300 feet is recommended by Staff. Mayor Cardamone asked if Staff could make available records showing the amount of money spent over the past five or ten years on the Bird Key street lighting? Mr. Mountain stated that figures could be provided for the past two years; that inconvenience to the homeowners is more relevant than the amount of money spent; that although Bird Key is not a high crime area, safety is a concern when streets lights are only available every six hundred feet. Commissioner Merrill stated that he would approve the Bird Key project if funding were available for both street lighting and stormwater improvements; however, receiving a complaint from a Bird Key resident whose street light burned out is preferable to visiting a property owner whose home has been flooded. Vice Mayor Pillot asked if an investment of $400,000 would provide rapid relief for structural flooding? City Manager Sollenberger stated that the County is proposing to fund projects totalling $3.8 million in the Hudson Bayou Basin; that project costs range from $35,000 to $1.1 million with several in the $100,000 range; that the City would have to prioritize the projects scheduled in the Hudson Bayou Basin. Commissioner Patterson stated that the Hudson Bayou Basin project does not address problems of flooding in Laurel Park and other affected neighborhoods. Vice Mayor Pillot stated that it is impossible to disagree with Commissioner Merrill; that poor street lighting on Bird Key poses an inconvenience to the residents and may have a relationship to crime; however, flooding of residential homes is substantially more than an inconvenience; that Commissioner Merrill's position may be supported if a concrete proposal could be provided to demonstrate what the $400,000 could accomplish. Commissioner Merrill stated that his position is to proceed with the Bird Key street lighting project and use L.O.S.T. funds to conduct stormwater improvements in the Hudson Bayou Basin. Vice Mayor Pillot asked if the Hudson Bayou Basin stormwater project should be postponed until 1999? Commissioner Merrill stated that a Citywide stormwater improvement plan should first be designed and presented to the Commission which could decide next year if taxes should be raised one mill to fund the plan. Vice Mayor Pillot stated that asking a resident to wait until 1999 for relief from water coming into his home or laundry room is undesirable; that immediate relief should be provided; that residential flooding shares the same top priority as crime. Mayor Cardamone stated that the Commission is in agreement; however, deciding where to begin is a dilemma as pockets of structural flooding exist Citywide; that although the entire City would agree to the priority of combatting residential flooding, the problem now becomes deciding which neighborhood should receive the $400,000 investment. Commissioner Dupree stated that flood conditions have been experienced twice in his life at his home. BOOK 40 Page 13616 09/03/96 6:00 P.M. BOOK 40 Page 13617 09/03/96 6:00 P.M. Vice Mayor Pillot stated that spending $400,000 for residential flooding will be supported if the Administration provides the Commission with options specifying projects for the allocation; that five or fifteen homes saved from flooding would make the investment a top priority. Mayor Cardamone agreed and stated that major problems are caused when two inches of rain falls within two hours, particularly during high tide as storm sewers cannot drain into the Bay; that the soil in this area does not adequately absorb the rainfall; that the floods experienced in July 1995 resulted from soil saturated from constant rains. Commissioner Patterson stated that stopping structural flooding is expensive; that no more than 30 or 40 homes in the City experience flooding problems if structural flooding in the coastal areas is discounted; that coastal flooding, occurring every few years, cannot be prevented by any means. Commissioner Merrill stated that at least 16 or 17 homes in his district experience flooding. Mayor Cardamone stated that the flooding problem may not be limited to 16 or 17 homes and may originate elsewhere, requiring major construction efforts. Commissioner Patterson stated that residents do not mind paying taxes to solve the flooding problems; that residents in many areas with serious street flooding problems will be asked, if monies other than L.O.S.T funds are used, to pay for flooding problems in other neighborhoods; that they will want to see some benefits to their neighborhoods as well; that a comprehensive plan should be developed before residents are deprived of projects which have been requested for 5 to 10 years to address flooding in approximately 30 homes. Commissioner Patterson continued that the burden of heavy assessments should be removed by allocating L.O.S.T dollars for stormwater improvements; that the County should be requested to review their current mechanism for assessing lots, both for drainage and for basins, and provide better maintenance for the City; and asked the County Staff present in the audience if a diagram indicating the properties lying within the City limits in the Phillippi Creek Basin is available? John Goodnight, Transportation Director, J.P. Marchand, Deputy Transportation Director, and Robert Waterston, Stormwater Manager, Sarasota County came before the Commission. Mr. Goodnight stated that a diagram encompassing the entire Phillippi Creek Basin is available. Commissioner Patterson stated that County Staff is asked to indicate the portion of the Phillippi Creek Basin within the City, and to inform the City Commission of projects scheduled to benefit the City and the percentage of City dollars allocated to pay for those projects. Commissioner Merrill stated that a great portion of District 3 lies in the Phillippi Creek Basin; that although Lockwood Ridge Road north of Bahia Vista Street flooded severely during the last heavy rains, the rest of the Phillippi Creek Basin in the City does not flood. Commissioner Patterson stated that the most serious flooding problems within the Phillippi Creek Basin are outside the City limits. Commissioner Merrill stated that Lockwood Ridge Road is an exception. Mayor Cardamone stated that the most serious flooding problem in the City is the Hudson Bayou Basin. Mr. Marchand displayed a map and pointed to the Phillippi Creek Basin, the Hudson Bayou Basin, a large drainage basin near I-75, U.S. 41, Clark, Beneva, Tuttle, Fruitville, and Bee Ridge Roads, and Webber and 17th Streets. Commissioner Patterson stated that City properties east of Tuttle Avenue in the area around Fruitville Road lie in the Phillippi Creek Basin. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and indicated on the map the perimeter of the City portion lying within the Phillippi Creek Basin. Commissioner Patterson stated that many homes are located in the City portion of the Phillippi Creek Basin. Mr. Daughters stated that approximately 8,600 ESUS, many of which are commercial, lie within the City portion of Phillippi Creek Basin. Mayor Cardamone asked if the 8,600 City properties comprise 6 percent of the Phillippi Creek Basin? Mr. Daughters stated yes; that 13 percent of the ESUS are contained within the 6 percent of the City land area in the Phillippi Creek Basin. BOOK 40 Page 13618 09/03/96 6:00 P.M. BOOK 40 Page 13619 09/03/96 6:00 P.M. city Manager Sollenberger displayed another map illustrating the Phillippi Creek Basin boundary and the City portion outlined in red. Vice Mayor Pillot stated that City land area actually comprises 6.84 percent of the Phillippi Creek Basin. Commissioner Patterson asked the stormwater projects scheduled by the County to be performed in the City portion of the Phillippi Creek basin? Mr. Marchand stated that the celery fields, which are the largest project, are not located in the City; that two other large water storage projects located upstream of the City, similar to the celery fields, are also planned. Mr. Marchand stated that the intent of the projects is to lower flood elevations; that the Pinecraft area has experienced much flooding. Commissioner Patterson asked if the flooding problems on Lockwood Ridge Road and Euclid Avenue are being addressed? Mr. Marchand stated that improvements are scheduled for Euclid Canal as part of the Hudson Bayou Basin Master Plan. Mr. Goodnight stated that the physical location of a project is not the only geographical area benefiting from stormwater improvements; that properties downstream are protected from flooding by stormwater improvements which will hold water in the celery fields, around which no residences exist. Commissioner Patterson asked if the County's stormwater improvement projects will stop the flooding of houses located within the City portion of the Phillippi Creek Basin? Commissioner Merrill stated that, according to the map, little flooding occurs within the City portion of Phillippi Creek Basin. Mr. Marchand stated that within the City portion of the Phillippi Creek Basin, the County must prevent house flooding within the parameters of a 25-year storm event rather than the 100-year storm event standard required for the minimum level of service in the County portion; that parcels which continue to flood after the stormwater improvements are completed are not required to pay the assessment: fee. Commissioner Patterson asked for clarification. Mr. Marchand stated that the County has designed standards for storm events based upon a scientifically created model; that a property owner is not required to pay the County's assessment fee if his home continues to experience flooding in conditions normally expected from a designed storm after stormwater improvements are completed; that one home situated on an island in Phillippi Creek continues to flood and is exempt from the fee. Commissioner Patterson asked if the home on the island is assessed? Mr. Marchand stated no. Commissioner Patterson asked if properties surrounding the house are assessed? Mr. Marchand stated that parcels which no longer flood after implementation of stormwater improvements are required to pay the assessment fee; however, the assessment is deleted if the property continues to flood. Commissioner Patterson stated that few homes located in the City portion of Phillippi Creek Basin actually flood. Mr. Marchand stated that all the homes in the Phillippi Creek Basin cause flooding problems by producing water run-off which were originally absorbed by the natural environment prior to housing development. Commissioner Patterson asked if properties located in the City contribute to the flooding in Colonial Gables? Mr. Marchand stated that City properties may not contribute to the flooding in Colonial Gables. Mayor Cardamone stated that water does not go uphill. Mr. Marchand stated that is correct; however, the stormwater improvement projects are designed to hold the water back to enable the water downstream to escape first; that when the water downstream is diminished and room is made in the system, then water can be released from other locations. Commissioner Patterson asked if the bonds proposed by the County to pay for the stormwater improvements have been issued? Mr. Marchand stated no; that the bonds are scheduled to be issued by the County in 6 to 12 months. Mr. Marchand continued that the drainage systems in Laurel Park were reviewed in the Hudson Bayou Basin Master Plan which concluded that two major storm sewer systems must be replaced with larger pipes to solve Laurel Park's flooding problems; that replacing those two systems will cost as much as the entire Hudson Bayou BOOK 40 Page 13620 09/03/96 6:00 P.M. BOOK 40 Page 13621 09/03/96 6:00 P.M. Basin stormwater program; that the County study concluded that Laurel Park would suffer only marginal flooding during a 25-year storm event; that manholes may pop open, and water and debris float down the street; however, the possibility of house flooding is marginal. Mr. Marchand further stated that the County received no reports of house flooding in Laurel Park during the public meetings on the Hudson Bayou Basin Master Plan; that the County determined that since the replacement of the two systems would be extremely expensive, larger pipes could be installed in the future when the two systems actually require replacement; that the proposed Hudson Bayou Basin Master Plan is designed to provide a level of service for homes in the entire Basin and provide flood relief for more than just one neighborhood; that the model and study for Laurel Park should be reviewed to confirm that the neighborhood meets the City's level of service designed for a 25-year storm event; that the B-inch-per-day rainfalls of 1992 and 1995 exceeded the standard usually experience by the City; however, the study determined the level of service required by the City allows a margin of acceptability for conditions in storms even greater than those in 1992 and 1995. Commissioner Patterson stated that the County has purchased the celery fields and completed a portion of the stormwater improvement project, incurring in advance the debt for which County bonds will be issued; and asked if that is correct. Mr. Marchand stated that is correct. Commissioner Patterson stated that a funding proposal for the celery fields' stormwater improvements was never presented to the City Commission; and asked if that is correct? Mr. Marchand stated that is correct; that although the Phillippi Creek Basin project was discussed between the City and County, a schedule of expenditures regarding the celery fields projects was never brought before the City Commission. Commissioner Patterson stated that City residents of the Phillippi Creek Basin are being assessed for the second year to fund a project, the actual benefits of which have never been evaluated, and for which the City Commission granted no assessment approval; that the ESU mechanism chosen by the County to determine the method of apportioning the assessment compels City residents to pay 13 percent of the assessment, while only 6.84 percent of the Basin property is located within the City limits; that the third level of the three-tier assessment structure levies a tax on a 14,500 square-foot City lot equal to the amount levied on a 5 or 10-acre ranchette located in the County portion; that the County's cut-off of 14,500 square feet for the highest assessed tier results in inequity. Mr. Marchand stated that the County analyzed possible results of adding more tiers, e.g., a fourth tier of lots between 14,000 and 17,000 square feet, a fifth tier of lots 17,000 to 20,000 square feet, etc.; that more data, currently unavailable to the County, will be required if the assessment mechanism becomes more complicated; that a higher assessment on larger-sized lots in the Basin shifts costs away from smaller lots; that the City has a larger percentage of smaller lots than the County. Commissioner Patterson stated that relieving the burden on smaller lots in the City is a questionable reason to keep in place a mechanism which produces an assessment twice the City's proportional share of the Basin; that the City's higher proportion of assessment should have been predictable using the County's ESU mechanism. Mr. Goodnight stated that it was believed a philosophical understanding of the process had been reached earlier with the City; that the County has not tried to move a process forward absent the understanding and acceptance of the City; that the County and City have perhaps interpreted the issue of rate methodology in different ways and have not communicated in a manner in which the difference in interpretations would have been disclosed; that the necessary agreements have not been formalized with the City. Commissioner Patterson stated that no cancor exists on her part or on the part of any other Commissioners either against County Staff or against the County mechanism; however, an equity problem exists. Mr. Goodnight stated that the County and City should find a way to reconcile the differencesi that Mr. Daughters and he have attempted to find ways to close the gap between City and County positions regarding the legal framework of the present methodology; that the current methodology should be more acceptable to the City than the old methodology which assessed all residential units equally; that the County Commission developed the ESU methodology to make the assessments more equitable as the original methodology failed to assess vacant and agricultural portions. Commissioner Patterson stated that inequities on City owned parcels were ignored when relatively few dollars were involved at the time the stormwater improvements project was initiated; that the Interlocal Agreement was never even introduced into the discussion; that residents of properties within the City portion of Phillippi Creek Basin are now being assessed $140 or $150 per year which is an enormous percentage of the properties' $900 or $1,000 total tax bill; that the City cannot even indicate what benefit the property owners can expect; that an equitable arrangement must be reached for properties in both the Hudson Bayou Basin and the Phillippi Creek Basin. BOOK 40 Page 13622 09/03/96 6:00 P.M. BOOK 40 Page 13623 09/03/96 6:00 P.M. Commissioner Merrill stated that he has focused concentration of his efforts to resolving flooding problems rather than the distribution of assessments; that the problem of assessments in the Phillippi Creek Basin was subordinated to the problem of flooding in the Bobby Jones Golf Course and Lockwood Ridge Road areas; that the area around Beneva and Fruitville Roads particularly appear to warrant inclusion in the 100-year storm event flood plain rather than the 25-year storm event designed for the level of service acceptable in the City. Commissioner Merrill continued that few City properties are located in the major flood plain in the Phillippi Creek Basin; that the City could have purchased every one of the City homes being flooded in the Basin for the amount of money property owners are being levied for 15 years; that a property owner whose lot drains well and is being assessed $140 or more to fund stormwater improvements for the celery fields may find those charges unacceptable; that the issue has not been brought before the City Commission as most City residents view stormwater improvements as a County function. Mr. Goodnight stated that the County's methodology imposes the same standard to properties contributing to flooding problems as to the properties which benefit from stormwater improvements; that a $40 million program would be perceived as benefiting only 200 homes if the County allowed the public to believe that only property owners whose homes flood receive any benefit from the stormwater improvements. Commissioner Merrill stated that a program limiting assessments to properties in the Phillippi Creek Basin which actually experience flooding would have been more cost effective from the City's perspective. Mr. Goodnight stated that streets in both the City and the County flood in addition to homes; that utility plants have flooded; that the flooding problem extends overall to more than just houses. Commissioner Patterson stated that although the problem is greater than just homes flooding, the assessments would be easier to justify if the City could at least perceive some solution to street flooding; that Sarasota, the only City which participates in stormwater improvements with the County, took virtually no action on drainage issues prior to the current stormwater improvements plan; that the City. must determine if any advantage exists to continue participation in the Phillippi Creek Basin plan. Mr. Goodnight stated that feedback from the public indicates dissatisfaction at the pace drainage problems are being solved; however, no one is more frustrated about the delays in solving drainage problems than County Staff; that County-wide stormwater improvements are still several years away from providing an acceptable standard of service despite the doubling in the maintenance budget in the last four years; that the County is not satisfied with the current capacity to produce results and is open to suggestions for better methods; that reimbursements or contracts between the City and County may provide better results. Commissioner Patterson stated that City residents report the biggest problem is the slow response from the County to requests for maintenance; that City residents are shifted back and forth between the County and the City, sometimes for several months before the County addresses what may be the simple clean-out of a drain. Mr. Goodnight stated that some problems are more easily correctable than others. Mayor Cardamone stated that the City has taken the initiative to solve some small but serious drainage problems; however, maintenance of drains is not the City's responsibility; that the public perceives the intent of the celery fields project is to correct the flooding of Colonial Oaks and Colonial Gables developments; that the County has never informed the public or the City that the intent of stormwater improvements at the celery fields is to hold water otherwise running downhill through the City; that proper communication at this meeting disclosed the purpose of the celery fields in one sentence. Vice Mayor Pillot stated that the information regarding the celery fields clarifies the extent stormwater improvements will help retain water from flooding properties in the City. Mr. Marchand stated that the Mayor is correct; that media attention focuses on areas in which houses are flooded rather than an overview of the County's system of waterways and drainage conduits. Vice Mayor Pillot stated that projects such as stormwater improvements require time to accomplish; that increasing the City's tax rate by 4 mills would not increase the County's pace of progressi and asked if that is correct? Mr. Goodnight stated that is correct; that the magnitude of the problem is an issue; that flooding problems exist which are yet undiscovered and will remain sO until canals or buried portions of the system are addressed; that rights-of-way must be obtained through lengthy legal processes. Vice Mayor Pillot stated that the explanation, although logical and understandable, is difficult to communicate to the public. Mr. Goodnight stated that the County has been increasing maintenance efforts at the rate of $1.5 to $2 million per year; BOOK 40 Page 13624 09/03/96 6:00 P.M. BOOK 40 Page 13625 09/03/96 6:00 P.M. that the County's ability to implement and mobilize such an increase in expenditures within which the desired goals can be accomplished requires time and resources. Commissioner Patterson stated that certain problems were predictable when the developments were approved; that house mortgages require flood insurance throughout large sections of Colonial Gables lying in a flood zone; that houses built in a flood zone should be expected to occasionally flood; that expecting man- made solutions to flooding caused to homes, for example, on Siesta Key is unreasonable. Mr. Goodnight stated that the County has measured the slab elevations in many homes and understands the impracticality of trying to solve the problems; that a balance has been sought between projects which are reasonable to pursue and those which are futile. Mayor Cardamone stated that construction should not occur on pasture. land which is underwater during the rainy season but developments continue to be approved. Commissioner Merrill stated that heightened expectations are a problem; that City streets have been flooding since homes were built in the 1950s but the problems are publicized only when the County announces a solution has been found; that the County has just raised the Countywide stormwater assessment to $68 and the Phillippi Creek Basin assessments to $140, totalling over $200; that drainage fees were previously hidden in ad valorem taxes; and asked what response should be communicated to a City property owner seeking an explanation for the $200 assessment on property which never floods in the Phillippi Creek Basin? Mr. Goodnight stated that the City could offer the explanation that a Countywide problem exists; that road flooding is one source of constant complaints which the County is addressing with storm improvements. Mr. Marchand stated that stormwater assessment for the Phillippi Creek Basin and for five other County Basins is the first capital improvement program instituted for stormwater improvements in the County; that many homeowners' associations meetings were attended last summer after the property owners had received the assessments, ranging from $70 in Phillippi Creek basin to $112 for a single-family residential home in Elligraw Bayou; that the primary question was not the cost of the assessment but the length of time the County would need to complete the stormwater improvements; that a mobile home park which experiences no flooding was the only meeting at which the assessments were addressed; that the residents of the mobile home park, who questioned the fairness of paying assessments when their properties did not flood, were told that all properties in the County contribute to the stormwater problem; that run-off from the mobile home park contributes water which must be handled by the system; that any property which continues to flood after stormwater improvements are implemented is exempt from the assessment. Vice Mayor Pillot stated that the facilities of a community used by all citizens include streets which flood; that the public can be told that in a democracy, certain programs are for the general good; that he has never been the victim of a crime or a fire in Sarasota, but believes strongly in paying for police and fire services for the common good; that the resident can be told that although his home or business may not flood, he uses the streets and enjoys the cleanliness of the Bayi that stormwater improvements offer advantages for the entire community separate from those whose homes are flooded. Commissioner Merrill stated that ad valorem fees are more appropriate than assessments against individual properties if the entire community is expected to pay for stormwater improvements. Vice Mayor Pillot stated that the available system should be made arithmetically equitable; that funding through ad valorem taxes would be acceptable; however, as it is not immediately available, the system in place should be made equitable. Commissioner Patterson stated that an assessment indicated in the County package on various stormwater projects specified that $198 was assessed on homes on Anglin Drive; that the City paid for the Anglin Drive stormwater project out of the 1985 bond issue; and asked if Anglin Drive property owners will receive an assessment? Mr. Marchand stated that no assessment is proposed for Anglin Drive. Commissioner Patterson stated that the paperwork must have been outdated. Mr. Marchand stated that is correct; that the same problem as was experienced with 15th to 19th Streets and Leon and Noble Avenues projects will be experienced when the County begins the Whittaker Bayou Basin stormwater improvement project; that astronomical rates would result if those projects were paid by only the houses which experience flooding; that the funding for the Anglin Drive project was derived from the City's bond issue; that alternate funds can usually be found for stormwater projects. Commissioner Patterson asked if the stormwater improvement project planned for the Manasota Gardens will be financed through an assessment? BOOK 40 Page 13626 09/03/96 6:00 P.M. BOOK 40 Page 13627 09/03/96 6:00 P.M. Mr. Marchand stated no; that no hydrologic connection with a larger area exists as only Manasota Gardens is being addressed; that an evaluation of the needs for larger areas require a study of the entire basin area rather than just the specific neighborhoods experiencing house flooding, so an equal level of service can be provided throughout the entire basin. Commissioner Merrill asked why the County does not assess equally throughout the entire County if all properties contribute to stormwater run-off? Mr. Marchand stated that certain areas contribute more to the problem than others. Commissioner Merrill asked why the assessments are not the same Countywide if the fee is based on an ESU? Mr. Marchand stated that assessments are the same in those areas where the assessments are based on ESUS. Commissioner Merrill asked why the County does not perform all capital projects in the same manner? Mr. Goodnight stated that the County has defined the areas of greatest benefit to be the basins. Commissioner Merrill stated that if the basins were not defined and everyone contributes to the problem, the assessments could be equalized throughout the entire County. Commissioner Patterson stated that is correct; that all property owners would pay a specific amount to correct all the flooding in the County. Mr. Marchand stated that stormwater run-off into the basin is not caused by every property in the County. Commissioner Merrill stated that a property owner may contribute stormwater run-off which floods a street in another neighborhood. Commissioner Patterson stated that the inequity makes the program difficult to sell. Vice Mayor Pillot stated that contribution is quantitative as well; that a 10,000 square-foot property contributes a different amount of water than a 100,000 square-foot property. Commissioner Patterson stated that individual property owners experience difficulty accepting that their property is contributing to the flooding, particularly if the home was built prior to the houses which are flooding. Mayor Cardamone stated that every resident experiences problems with stormwater, whether on the road, at work, or at home; that every single property owner in the County could be assessed $100 on the basis of an inescapable relationship to stormwater as well as a love for Sarasota Bay. Mr. Goodnight stated that the County's attorneys are required to respond to the suggestion for a Countywide assessment fee; that defining of benefit areas and the ability to associate the actual benefit with the cost of stormwater improvements must be addressed. Commissioner Patterson stated that the legal defensibility of basing the highest assessment on an arbitrarily determined lot size could be questioned; that an equally defensible argument could be produced to prove why a Countywide, assessment schedule is more equitable than the one currently used by the County; that many attorneys could be found who would take issue with any system attributing a house size arbitrarily to a lot size and then cutting off the lot size at an arbitrary number. Mr. Goodnight stated that the probability exists that the argument is true. Commissioner Patterson stated that the County Staff has been most gracious especially considering the comments previously made by the City. Mr. Goodnight stated that the County Staff understands that none of the comments are meant to be taken personally; that the City and the County need to find some way to reconcile the restraintsi; that the City's concerns are better understood; however, significant legal issues relating to the assessment structure should be recognized as a solution is sought. 11. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE JOINT PROJECT AGREEMENT AMENDMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR ADDITIONAL SIDEWALK CONSTRUCTION ON THE SOUTHSIDE VILLAGE STREETSCAPE PROJECT = APPROVED (AGENDA ITEM VII-2) #3 (1367) through (1694) Dennis Daughters, Director of Engineering/City Engineer stated that at the August 5, 1996, regular Commission meeting, the Commission appropriated $185,000 from the Unappropriated Fund balance of the General Fund for sidewalk replacement for the Southside Village Streetscape Project on Hillview Street and Osprey Avenue; that Staff's intent was to handle the funding administratively, however, the Florida Department of Transportation (FDOT) requires the transfer of appropriations be formalized in the Joint Project Agreement Amendment. BOOK 40 Page 13628 09/03/96 6:00 P.M. BOOK 40 Page 13629 09/03/96 6:00 P.M. Mr. Daughters continued that the City will be reimbursed if the project is constructed for less than $185,000 and required to pay additional funds if costs should exceed the amount; that the Joint Project Agreement Amendment must be approved by the Commission and signed by the Mayor; that Staff attempted to address the transfer of additional funds for the sidewalk replacement in an administrative manner to save time; however, FDOT requires the process formalized. Mayor Cardamone asked the estimated time frame for completion of the sidewalk construction at Southside Village? Mr. Daughters stated that the Joint Project Agreement Amendment will be faxed to FDOT tomorrow morning; that FDOT will expedite a change order for the State and initiate the sidewalk construction in approximately two weeks. Mayor Cardamone asked if the opinion of the Southside Village Merchants Association regarding the Joint Project Agreement Amendment is known? Mr. Daughters stated that the Southside Village Merchants Association's representatives agree that new sidewalks are worth the additional time for completing the project; that the Southside Village Streetscape Project will be completed by mid-December. Mayor Cardamone asked if the Southside Village Merchants Association is aware that the Joint Project Agreement Amendment will extend the 45-day project an additional two weeks? Mr. Daughters stated that the Joint Project Agreement Amendment will not delay the 45-day project; that the amendment simply allows less time for the contractor to complete the project; that work slowed down this past month due to the contractor's decision to concentrate on areas other than the sidewalks while the paperwork was pending; that the Amendment will authorize the contractor to replace sidewalks throughout Southside Village rather than the partial area authorized by the original Joint Project Agreement. Mr. Daughters continued that two minor problems caused delays; that a GTE line was discovered near the surface, rather than 30 inches into the ground as required by regulations; that relocation of the GTE line from Hillview Street, close to Osprey Avenue caused a two-week delay; that Friday, August 30, 1996, small sinkholes were found over the top of a storm drain when digging began for the median construction; that the contractor believed the storm drain had collapsed and would require replacement; that Staff dug down and discovered that the storm drain's joints had loosened; that Staff made the necessary repair and filled the hole. Mayor Cardamone stated that more men and equipment were witnessed working on the street today than since the beginning of the project. Mr. Daughters stated that the contractor believes the new deadline will be met; that Staff wrote a letter to FDOT indicating concern with the lack of street lighting which had been removed to enable construction; that FDOT quickly responded by requesting an estimate for temporary lighting from the contractor; that temporary lighting will be installed in two to three weeks upon approval of the contractor's quote; that the Southside Village Merchants Association is aware of the negotiations for lighting. Mayor Cardamone stated that a neighborhood resident reported the only lighting available in the area is derived from flashing barricades despite a significant amount of pedestrian traffic and hospital use of the street; that the paperwork will delay the installation of lighting for at least two weeks; and asked if installing temporary lighting for one month is prudent? Mr. Daughters stated yes, definitely. Mayor Cardamone asked if the process can be rushed in any way? Mr. Daughters stated that the project cannot be rushed as materials must be purchased and the lights installed; that FDOT is aware of the concern of the public and the City regarding the darkness in the Hillview Street and Osprey Avenue neighborhood and is moving towards a solution. City Manager Sollenberger stated that the Administration recommends approval of the Joint Project Agreement Amendment with the Florida Department of Transportation, for additional sidewalk construction on the Southside Village Streetscape Project and authorization of the Mayor to execute the Joint Project Agreement Amendment. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 12. REMARKS OF COMMIBBIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINIETRATION TO REPORT BACK REGARDING AUTOMATED DEDUCTIONS FOR UTILITY BILLS AND THE POTENTIAL OF INSTALLING DISPOSABLE BAGS DISPENSER AT CITY PARKS WHICH ALLOW DOGS: AUTHORIZED SCHEDULING OF AN APPRECIATION RECEPTION FOR ADVISORY BOARD MEMBERS (AGENDA ITEM X) #3 (1712) through (2113) COMMISSIONER MERRILL: BOOK 40 Page 13630 09/03/96 6:00 P.M. BOOK 40 Page 13631 09/03/96 6:00 P.M. A. referred to the Planning Department memorandum dated August 13, 1996, regarding household income comparisons between 1980, 1990, and 1995; and stated that Philip Lieberman, Senior Planner, indicates the middle income ranges continue to remain stable; however, the middle- income groups summary table includes income of 80% to 200% of median, which is too broad; that the CACI Marketing definitions actually show that middle income and upper middle income have declined in the City; that the trend of income levels in the City declining is an issue with which the Administration and Commission should have concern. Mayor Cardamone asked if Commissioner Merrill is indicating that the memorandum conflicts with the data? Commissioner Merrill stated yes; that the broad summary of middle income masks the actual trends, e.g., that upper middle income has reduced by 8% from 1990 to 1995; that the memorandum should have indicated a concern and not the phrase "I am pleased to report middle income ranges continue to remain stable." COMMISSIONER DUPREE: A. asked if the Commission will be receiving a status report regarding the proposed expansion of the North County Educational Assistance Program operated at the resource center/police substation on Dr. Martin Luther King, Jr., (MLK)? City Manager Sollenberger stated that John Lewis, Chief of Police, Sarasota Police Department, has met with Board of Directors, Willie Mae Sheffield and Bruce Franklin; that a presentation to the Commission is scheduled in October 1996. COMMISSIONER PATTERSON: A. stated that Florida Power & Light (FPL) provides customers with the convenience of automated payment deduction; and asked if a similar procedure for city customers to pay water/sewer bills could be initiated? City Manager Sollenberger stated that the issue will be researched and a report forwarded to the Commission. B. distributed a photograph received from Mr. and Mrs. Bart Cotten reflecting the box system initiated by thè Indian Beach/Sapphire Shores Neighborhood Association which provides pet owners with disposal bags for use while walking pets; and stated that the Association has had excellent results with neighborhood participation; that implementing a similar system for Arlington, Gillespie, and Island Parks should be considered; that, in addition, the ordinance regulating leash requirements is not being followed at Island Park. City Manager Sollenberger stated that V. Peter Schneider, Deputy City Manager, will explore potential implementation of a similar system at the City parks referenced. MAYOR CARDAMONE: A. requested that the Memorial Tree Program proposed by Mr. and Mrs. Bart Cotten be reviewed for future discussion by the Commission. Commissioner Patterson stated that the proposal is a great idea. B. stated that the Commission information indicates the City's participation in the National Flood Insurance Program's (NFIP) Community Rating system resulted in a class 7 rating which will entitle citizens to a fifteen percent premium discount for NFIP policies issued or renewed on or after October 1, 1996; that the community previously had a class 8 rating and received a 10% discount. C. stated that she will not be in attendance at the September 18, 1996, discussion meeting regarding recreational activities. D. requested Commission support to schedule a reception in appreciation of the advisory board members who volunteer service to the City. Vice Mayor Pillot stated that an annual reception is supported; Commissioner Merrill and Commissioner Patterson voiced support. City Auditor and Clerk Robinson stated that a reception in late October could be scheduled in the foyer of the Van Wezel Performing Arts Hall. Vice Mayor Pillot stated that invitations should be extended to individuals who have served on the advisory boards during the year but may no longer be board members. 13. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (2113) through (2265) CITY MANAGER SOLLENBERGER: A. referred to an article in the September edition of the Smithsonian magazine, explaining the lengthy, BOOK 40 Page 13632 09/03/96 6:00 P.M. BOOK 40 Page 13633 09/03/96 6:00 P.M. controversial process of selecting a bridge design for St. Paul, Minnesota, which was eventually resolved after Figg Engineering Group was hired. City Manager Sollenberger stated that Figg Engineering Group, the engineering firm hired to assist the City with building consensus in the community regarding the John Ringling Causeway Bridge Replacement Project, is highly acclaimed in the article. CITY AUDITOR AND CLERK ROBINSON: A. stated that a discussion meeting has been scheduled from 9 a.m. to noon on Saturday, September 14, 1996, at the Van Wezel Performing Arts Hall. 14. ADJOURN (AGENDA ITEM XII) #3 (2265) There being no further business, Mayor Cardamone adjourned the regular meeting of September 3, 1996, at 11 p.m. rellec Car e : MOLLIE C. CARDAMONE, MAYOR ATTEST: 3. 4 4 1 " sCe E ACN BILLY F FÇBINSON, CITY AUDITOR AND CLERK . 67 -