Book 36 Page 10357 04/04/94 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 4, 1994, AT 6:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins and Mollie Cardamone, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioner Gene Pillot PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Patterson stated that Commissioner Pillot would not be in attendance at tonight's meeting due to an illness. 1. PRESENTATION RE: MAYOR'S CITATION TO ED SMITH FOR DEDICATED SERVICE TO THE YOUTH IN THE AREA AND HIS SERVICE AS PRESIDENT OF THE SARASOTA SPORTS COMMITTEE #1 (0041) through (0179) Ed Smith, former president of the Sarasota Sports Committee, came before the Commission. Mayor Patterson read the City of Sarasota Certificate of Recognition in its entirety and presented Mr. Smith with a plaque for his dedicated service to the youth in the area and his service as President of the Sarasota Sports Committee. Mr. Smith stated that the recognition by the City of Sarasota is appreciated; that he plans to continue to help the Sports Committee and the City of Sarasota especially as it relates to baseball. 2. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0181) through (0216) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add to Unfinished Business, Item No. VII-6, Approval Re: Authorize the Mayor to send a letter to the County Commission concerning New Pass Dredging B. Remove under Board Appointments, Item No. IX-1, Appointment Re: Ringling Causeway Bridge Replacement Aesthetic Task Team, per the request of Mayor Patterson C. Add to Board Appointments, Item No. IX-2, Appointment Re: Sarasota Housing Authority, per the request of Mayor Patterson D. Add to New Business, Item No. VIII-4, Discussion Re: Status of the Ringling Causeway Bridge Replacement, per the request of Commissioner Cardamone On motion of Commissioner Atkins and second of Vice Mayor Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 2. APPROVAL RE: MINUTES OF THE STATUTORY CITY COMMISSION MEETING OF MARCH 11, 1994, AND THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MARCH 21, 1994 = APPROVED (AGENDA ITEM I) #1 (0220) through (0228) On motion of Commissioner Atkins and second of Vice Mayor Merrill, it was moved to (approve the Minutes of the Statutory Meeting of March 11, 1994, and the Minutes of the Regular Meeting of March 21, 1994). Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 3. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL MEETING OF MARCH 23, 1994 - REPORT RECEIVED (AGENDA ITEM II-1) #1 (0231) through (0302) Mike Taylor, Deputy Director of Planning and Development, and Ron Annis, Chairman of the Planning Board/Local Planning (PBLP) Agency, came before the Commission. Mr. Annis presented the following item from the PBLP Special Meeting of March 23, 1994: Preliminary Site Plan Development 94-E to permit construction of a 105 unit condominium located at 1800 Benjamin Franklin Drive Mr. Annis stated that the PBLP found PS&D 94-E consistent with the Sarasota City Plan and tree protection ordinance, and recommended approval of the plan with the stipulation that no part of the structure be located closer than 150 feet from the mean high water line; that the pool and deck structure shown seaward of the building on the PS&D plan had no dimension locating it with respect to mean high water, therefore, the minimum requirement of 150 feet was included as a condition. Book 36 Page 10358 04/04/94 6:00 P.M. Book 36 Page 10359 04/04/94 6:00 P.M. Mayor Patterson stated that no action is required; that this item is scheduled for public hearing later on this agenda. On motion of Commissioner Cardamone and second of Commissioner Atkins, it was moved to (receive the PBLP report of the special meeting of March 23, 1994). Motion carried unanimously (4 to 0) : Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 4. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF MARCH 8, 1994 - REPORT ACCEPTED; PETITION 94-HD-15 = SET FOR PUBLIC HEARING; PETITION 94-HD-16 - SET FOR PUBLIC HEARING; HISTORIC PRESERVATION BILLABLE FEE ADMINISTRATION TO PRESENT A RECOMMENDATION DURING THE BUDGET WORKSHOP AND NOTIFY THE HISTORIC PRESERVATION BOARD OF THE SCHEDULE (AGENDA ITEM II-2) #1 (0305) through (0750) Mike Taylor, Deputy Director of Planning and Development, William Merrill, Historic Preservation Board Chairman, and Mark Mumford, Historic Preservation Board Member, came before the Commission. Mr. Merrill stated that the following actions were taken at the March 8, 1994, meeting of the Historic Preservation Advisory Board: A. Petition 94-HD-15 The Daisy Williams House at 741 South Orange Avenue B. Petition 94-HD-16 The James & Ada Baker Winter Home at 1841 Hibiscus Street Mr. Merrill stated that the Historic Preservation Board unanimously recommended approval of petitions 94-HD-15 and 94-HD-16. On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to set Petitions 94-HD-15 and 94-HD-16 for public hearings. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. C. Historic Preservation Billable Fee Mr. Merrill stated that the Historic Preservation Board recommended that the City Commission re-consider and eliminate the billable fee for historic designation of structures and districts; that two to five structures were designated monthly when no fee was charged for historic designation of structures; however, no applications for designation have been received since the $400 fee was implemented; that the $400 billable fee has virtually "killed" the Historic Preservation program. Mr. Mumford stated that prior to moving to Sarasota and becoming a member of the Historic Preservation Board, he served on the (Iowa) State Nomination Review Committee which is responsible for designation of historic properties and sites (in Iowa) to the national register of historic places; that quarterly meetings were held throughout the state, and ambitious promotions were developed by the state to maintain interest in historic preservation; that historic preservation was an intrical part of Iowa' 's economic development efforts to diversify its economy through tourism and to attract individuals, businesses, and corporations by promoting the quality of life and community in the state; that based on his experience in Iowa, he was surprised to learn that the City of Sarasota had imposed a substantial fee for the nominations of historic properties; that such a fee is unprecedented in his experience and counterproductive; that the imposition of the fee has brought nominations to a halt; therefore, the fee is not effective as a revenue generating device; that secession of nominations indicates that the work of the Historic Preservation Board and the efforts of numerous organizations active in promoting historic preservation has been undermined; that the fee discourages the participation of citizens who are interested in developing a sense of cohesiveness in the neighborhoods by maintaining historic properties and by celebrating the rich histories and traditions which distinguish Sarasota as one of the most desirable places in the State to live and work. Mr. Mumford stated that based on the precedent of Iowa and throughout the nation, historic preservation should be reconsidered as an intrical part of economic development (in the city of Sarasota); that in promoting Sarasota as an excellent location for business and economic development, Sarasota boasts a quality of life which is unsurpassed and is derived not only by the climate, but a cultural and historical richness in stable, traditional, historical neighborhoods; that these historical neighborhoods embody a quality of life which cannot be built or planned; that development and maintenance of such neighborhoods requires the active participation of all who work and live in the community, including the City government. Mr. Mumford stated that he lives in a house which has recently been added to the City's historic register; that the house was nominated before the $400 fee went into effect; however, he would not have pursued the nomination had the fee been in effect. Mayor Patterson stated that (the negative effect) was predicted by the Historic Preservation Board when the billable fee was imposed; that the amount of the fee is too high. Commissioner Cardamone stated that the fee could be revisited during the upcoming budget workshops; that the $400 fee does not cover the estimated City expense of $516; that County assistance is Book 36 Page 10360 04/04/94 6:00 P.M. Book 36 Page 10361 04/04/94 6:00 P.M. now available which could reflect different numbers; that the fee should be lowered; however, some areas such as the cost of the plaque given to historically designated properties should be paid for by the recipient; that she does not want to see historic designations eliminated because the City requests a fee too high. On motion of Commissioner Cardamone and second of Commissioner Atkins, it was moved to accept the Historic Preservation Board report of March 8, 1994. Motion carried unanimously (4 to 0): : Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. City Manager Sollenberger stated that the Administration will schedule this item for discussion during the budget process and the Historic Preservation Board will be notified of the time scheduled for the Administration's recommendation on this item. 5. BOARD ACTIONS: REPORT RE: AFFORDABLE HOUSING ADVISORY BOARD'S REGULAR MEETING OF MARCH 18, 1994 - APPROVED REPORT; AUTHORIZED CITY ATTORNEY TO PREPARE A RESOLUTION FOR THE APRIL 18TH COMMISSION MEETING (AGENDA ITEM II-3) #1 (0748) through (0891) Mayor Patterson stated that the Administration's recommendation is to approve the report as submitted and authorize the City Attorney to prepare a resolution at the April 18th Regular meeting. Don Hadsell, Director of Community Development, and Bill Walwik, Affordable Housing Advisory Board Chairman, came before the Commission. city Manager Sollenberger suggested that the Commission make known the particular areas of the report on which further discussion is necessary at the next meeting. Mayor Patterson requested that a presentation be given at the next meeting regarding the zones affected by recommendation 14A (that the city of Sarasota reverse the effect of its recent Zoning Code revision which increased the minimum lot width necessary for housing development to 75 ft. in some districts if adjoining 50 ft. lots were under the same ownership by permitting housing development on 50 ft. lots in those specific neighborhoods) Vice Mayor Merrill stated that he would like the following areas addressed at the next meeting: Don Hadsell reviewing and attaching a checklist to non- applicable ordinances; Available funding for remodeling programsi and The breakdown of allocation of funds. Mr. Walwik stated that the Affordable Housing Advisory Board was established to examine barriers to affordable housing; that another committee will be established to determine the allocation of funds. On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to (receive the Affordable Housing Advisory Board report as submitted and authorize the city Attorney to prepare a resolution for approval at the April 18th Commission meeting). Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 6. CONSENT AGENDA NO. 1: ITEMS 1, 2, 3, 5, 6, AND 7 - APPROVED; ITEM NO. 4 - SEE AGENDA ITEM NO. 10 (AGENDA ITEMS III-A-1, 2, -3, -5, -6, -7) #1 (0898) through (0936) Vice Mayor Merrill requested that Item 4 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 94-3786, amending Chapter 16 of the Sarasota City Code, Recycling and Solid Waste, Article II, Collection and Disposal of recyclable materials and solid waste, Section 16-16, Definitions, and Division I, Recycling; by expanding the definition of recyclable materials and by amending the City's voluntary Recycling Program as set forth in Division I, thereby creating a mandatory Recycling Program; by adding Penalties and Enforcement Provision so as to assure compliance with the City's mandatory Recycling Program; etc. (Title Only) 2. Approval Re: Set for public hearing proposed Ordinance No. 94-3787, amending Chapter 31, Personnel, of the Code of the City of Sarasota (1971), incorporated by reference in Chapter 24, of the Code of the City of Sarasota (1986), Article II, General Employees Pension Plan, amending Section 31-19, to provide for amended investment criteria; amending Section 31-21 to provide for the purchase of credited service for absences pursuant to the Family Medical Leave Act; providing for severability of provisions; repealing all ordinances in conflict herewith; etc. 3. Approval Re: Set for public hearing proposed Ordinance No. 94-3788, amending the definition of "Firefighter", providing for the severability of the parts hereof if declared invalid; repealing ordinances in conflict; etc. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Westra Construction Corporation, Palmetto, Florida (Bid #94-65), for the Urban Reclaimed Water Reuse System Book 36 Page 10362 04/04/94 6:00 P.M. Book 36 Page 10363 04/04/94 6:00 P.M. 6. Approval Re: Allocation of funds for use by the Community Housing Corporation (CHC) for the construction of two (2) houses at the corner of 10th Street and Goodrich Avenue and one (1) house at 1809 4th Street 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Sunbelt Services, a division of Hendrix and Dail Inc., Palmetto, Florida, for reconstruction of Putting Greens on the British Course at Bobby Jones Golf Complex On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to (approve Consent Agenda No. 1, Items 1, 2, 3, 5, 6, and 7). Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. Mayor Patterson stated that public hearings are advertised for 6:30 p.m.; that since it was that time, discussion on Consent Agenda No. 1, Item 4, would be postponed until after the public hearings. Mayor Patterson requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3783, PROVIDING FOR THE CONDIVPIONAL REZONING FROM CG ZONE DISTRICT, SARASOTA COUNTY ZONING TO CI ZONE DISTRICT, CITY OF SARASOTA ZONING ON THE REAL PROPERTY DESCRIBED AS FOLLOWS: LOT 6, BLOCK B, SOUTH GATE SUBDIVISION UNIT 3, AS RECORDED IN PLAT BOOK 7, PAGE 91, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; SAID PARCEL KNOWN AS CITY ELECTRIC SUPPLY COMPANY, WITH A STREET ADDRESS OF 2239 BEE RIDGE ROAD; MORE PARTICULARLY DESCRIBED HEREIN: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0942) through (1103) Mike Taylor, Deputy Director of Planning and Development, came before the Commission, displayed a photograph of the city Electric Supply Company site on the overhead projector, and stated that on June 2, 1992, the City entered into a pre-annexation agreement for municipal services which provided water and sewer to this site; that on April 19, 1993, the property was annexed into the City; that through a comprehensive plan amendment on June 7, 1993, the future land use map allows the property to be rezoned as a Commercial Intensive (CI) zone district; that the property meets all the applicable Zoning Code requirements with the following two exceptions: 1. The property does not meet the landscaping requirements which are impossible to meet because of the widening of Bee Ridge Road which took the majority of the land in the front of the building; 2. The current parking is nonconforming as laid out in front; that a car must back onto Bee Ridge Road to exit the parking lot; that the Zoning Code requirement can be met by relocating the front parking layout. Mr. Taylor continued that the property would have to be brought up to code if the (building) were to be expanded. Mayor Patterson opened the public hearing. There was no one who wished to speak, and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 94-3783 by title only. City Manager Sollenberger stated that the Administration recommends approval of this ordinance. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to (pass proposed Ordinance No. 94-3783 on first reading). Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3789, AMENDING ORDINANCE NO. 89-3443 PERTAINING TO THE CONDITIONAL REZONING FROM RMF-4 ZONE DISTRICT TO WFR ZONE DISTRICT THE FOLLOWING DESCRIBED PROPERTY: LOTS 15, 16, 17, AND 18, SOUTH LIDO SHORES SUBDIVISION, AS RECORDED IN THE OFFICIAL RECORDS BOOK 5, PAGE 50, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. A/K/A 1800 BENJAMIN FRANKLIN DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR PRELIMINARY SITE AND DEVELOPMENT PLAN APPROVAL FOR A NEW SITE AND DEVELOPMENT PLAN DESIGNATED PETITION NO. 94-E; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (1114) through (1419) Mike Taylor, Deputy Director of Planning and Development, came before the Commission, and stated that the original petition to conditionally rezone this property from the RMF-4 (Residential Multi-Family) zone district to the WFR (Water Front Resort) zone district (which was approved by the Commission on November 6, 1989) Book 36 Page 10364 04/04/94 6:00 P.M. Book 36 Page 10365 04/04/94 6:00 P.M. required that the property be tied to a specific site and development plan; that the Preliminary Site & Development Plan (PS&D) has a proposed change from a 293 room hotel to a 105 apartment condominium; and that the proposed PS&D meets all the applicable Zoning Code requirements. Joel Freedman, AICP, Bishop & Associates, representing Yale Properties-Lido Key, and William Strode, Esq., came before the Commission. Displays of the proposed development were shown on the overhead projector. Mr. Friedman stated that Yale Properties is an experienced, quality developer and the developer on the project; that the building adheres to the maximum height requirement of 110 feet; that 210 parking spaces, 105 which are located under the building, are proposed to meet the parking requirement; that the outer parking spaces will be on paver blocks for a pervious effect; that the maximum allowed building coverage is 258; and 15.6% building coverage is proposed; that the property will contain two tennis courts and a swimming pool; that the deck of the pool adheres to the 150 foot setback requirement; that the pool structure will be approximately 15 to 16 feet above grade because the State does not encourage excavation seaward of the construction line; that a dune walkover will connect the pool structure to the beach in an effort to protect the dune; that the setbacks from the Coastal Construction Control Line and the mean high water for the condominium are similar to the approved setbacks for the hotel; that the State has verbally and by letter given conceptual approval for modification to the State permit; that the building footprint is smaller since the hotel had a larger parking facility underneath; that a retention area will be located by Benjamin Franklin Drive; and that the condominium will be a great addition to the community. Commissioner Atkins asked when the project will start? Mr. Friedman stated that the State is reviewing the final permit and a building permit will be filed subsequent to receiving the state permit; that the developer plans to complete construction by September 1995. Mayor Patterson stated for clarification that this project is a substantial down zoning of the originally permitted density of a 293 room resort hotel. Attorney Strode stated that the trip generation tables reflect that the hotel would have generated a maximum of 3,000 trips per day whereas the new proposal will generate approximately 400 trips per day which is a dramatic decrease in intensity of use. City Manager Sollenberger stated that the Administration recommends adoption of the ordinance; that a condominium rather than a resort hotel will be more compatible with the neighborhood. Mayor Patterson opened the public hearing. There was no one who wished to speak, and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 94-3789 by title only. On motion of Commissioner Cardamone and second of Commissioner Atkins, it was moved to (pass proposed Ordinance No. 94-3789 on first reading). Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 9. CONSENT AGENDA NO. 1: ITEM 4 - REFERRED TO THE ADMINIERAVION FOR FURTHER EXAMINATION (AGENDA ITEM IIIA-4) #1 (1421) through (1820) 4. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute an Agreement for Professional Engineering Services with Tampa Bay Engineering Inc. for the Sarasota High/Alta Vista Elementary School Traffic Study, Phase I Vice Mayor Merrill stated that the City, School Board, and County met regarding the Sarasota High/Alta Vista Elementary School (redevelopment); that it was determined that the School Board employ a consultant to perform a traffic modeling study; however, he assumed the cost of the study would be approximately $15,000 not $70,000, since (little improvement can be done in that area); that the School Board is under severe budget constraints and planning to close schools and give no pay raises; that the scope of the study should be decreased to avoid studying things which have no bearing; that a study producing results similar to those contained in the Booker High School study is not worth $70,000; that he cannot vote to mandate that the School Board spend $70,000 to study the neighborhood streets while the School Board is reducing the amount of school traffic generated in the area. Commissioner Atkins stated that he is of the same opinion as Vice Mayor Merrill as it relates to what could be accomplished with a study. Commissioner Cardamone asked for comment by the Administration. Mayor Patterson stated that one of the School Board Members had commented to her that the City's studies require a higher cost than studies done in other jurisdictions. Book 36 Page 10366 04/04/94 6:00 P.M. Book 36 Page 10367 04/04/94 6:00 P.M. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the cost is higher than was anticipated; that the scope of work was negotiated down to the minimum acceptable (to the Engineering Department); that one-third of the effort deals with coordination, including 20 meetings and 4 newsletters which are scheduled for the project; that the remaining cost relates to more technical areas. Vice Mayor Merrill stated that expertise may be available in-house to determine what is necessary in that area; that the neighborhood could express their ideas (at public meetings) about what is needed before (a study is mandated) ; that $69,434 is not a reasonable fee for this study. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to refer this item to the Administration for further examination. Commissioner Cardamone stated that the scope of this study is from Fruitville Road to Bahia Vista Street from Tamiami Trail to Tuttle Avenue; that good results come from these type of studies including placement and location of County buildings related to traffic. Commissioner Atkins stated that the large area mentioned by Commissioner Cardamone may be necessary to get an understanding of the traffic, but other finer details of the study may not be necessaryi; that the Commission does not want to give the School Board any undo burden. Mayor Patterson called for the vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 94R-706) ADOPTED; ITEM 2 (RESOLUTION NO. 94R-724) - ADOPTED; ITEM 3 (RESOLUTION NO. 94R-725) ADOPTED; ITEM 4 (RESOLUTION NO. 94R-726) - ADOPTED; ITEM 5 (RESOLUTION NO. 94R-727) : ADOPTED; (AGENDA ITEM III-B) #1 (1821) through (1940) City Auditor and Clerk Robinson read proposed Resolution Nos. 94R-726 and 94R-727 in their entirety and proposed Resolution Nos. 94R-706, 94R-724, 94R-725 by title only. 1. Adoption Re: Proposed Resolution No. 94R-706, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 94R-724, providing for the tentative award of a contract to Kimmins Contracting, Corp. for the construction of the City Wide Sewer Rehabilitation Project pursuant to the Florida Revolving Loan Fund Program, subject to regulatory approval; and authorizing execution of the contract documents by the Mayor and City Auditor and Clerk; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 94R-725, providing for the tentative award of a contract to Durocher Dock & Dredge Inc. for the construction of the replacement of Subaqueous Utilities Project pursuant to the Florida Revolving Loan Fund Program, subject to regulatory approval; and authorizing execution of the contract documents by the Mayor and City Auditor and Clerk; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. 94R-726, allocating $20,000.00 from the Law Enforcement Trust Fund (Fund 110) for the purpose of funding the "Youth Explosion" anti-drug and anti-crime program in local schools; etc. 5. Adoption Re: Proposed Resolution No. 94R-727, allocating $25,000.00 from the Law Enforcement Trust Fund (Fund 110) for the purpose of financing a protracted criminal investigation; etc. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to (adopt Resolution Nos. 94R-706, 94R-724, 94R-725, 94R-726, and 94R-727). Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 11. SCHEDULED PRESENTATIONS (AGENDA ITEM V) There were no scheduled presentations. 12. CITIZENS' INPUT: ADMINISTRATION TO PRESENT AT THE NEXT REGULAR MEETING A FORMAL REPORT AND RECOMMENDATION REGARDING THE PROPERTY AT 111 NORTH POLK DRIVE - CONSENSUS TO HAVE THE CITY ATTORNEY REVIEW POSSIBLE RAMIFICATIONS AGAINST THE CITY BY SARASOTA SAILING SOUADRON SPONSORING A RACE TO CUBA (AGENDA ITEM VI) #1 (1945) through #2 (0360) The following people came before the Commission: Book 36 Page 10368 04/04/94 6:00 P.M. Book 36 Page 10369 04/04/94 6:00 P.M. Frank Googins, 174 Whittier Drive, presented the Commission with a letter and various copies of correspondence related to the Levin property located at 111 North Polk Drive (a copy is on file in the Office of the City Auditor and Clerk). Mr. Googins stated that a letter was addressed to the Commission on January 31, 1992, pointing out several instances of violated City codes and regulations on the part of City officials; that although then Commissioner Patterson's help and assistance was appreciated, the matter was not brought before the Commission; therefore, he brings it before the Commission tonight. Mr. Googins stated that (this issue has been a six year affair taking on another life) when a requested extension of Mr. Levin's (building) permit was denied and a code violation and Order to Demolish was issued on May 6, 1992; that Mr. Levin subsequently filed an appeal (for which a proceeding continues to be held before the Special Master). Mr. Googins referred to statements included in the summary of his letter and requested the Commission take the following actions: Declare the (1988) letter of agreement between the City Manager and Jerome S. Levin and Sue A. Levin invalid and of no legal standing (since the City Manager signed an Agreement in 1988 usurping the authority of the Commission to amend the Zoning Code, and precluding public input to a zoning variance). . Order the City Manager to rescind the approval of the building permit approved on 3/23/94 for 111-113 North Polk Drive because 1) a Code Enforcement proceeding is still in process and 2) to avoid perpetuating a public nuisance illegally created by employees of the City of Sarasota through violation of its own ordinances and codes; Appoint an independent special investigator to examine the entire six-year history of this saga to include the matters addressed in the letter and to report back to the Commission. Commissioner Cardamone stated that she is not familiar with the subject to which Mr. Googins is referring, and asked for a summary. Mayor Patterson stated that an owner had owned a long parcel of beach front property with an older house towards the front of the property; that the owner achieved the ability to build another house seaward of the original (house) with an agreement to demolish the older house upon completion of the new house; that the new house, in front of Mr. Googin's property, was left in an incomplete state for some time; that after several renewals of the building permit, demolition of the property was ordered by the City. Jerome Levin, 111 North Polk Drive, showed the Commission a diagram of the property site with photographs attached, and stated that he will address the same issue previously addressed by Mr. Googins. Mr. Levin presented the Commission with a handout which included a modification and addendum agreement, a copy of the Notice to Proceed from the Florida Department of Environmental Protection, and a petition signed by 14 neighbors which * stated: "We the undersigned neighbors of the Levins support the construction of their new house and we have no objection to the existing house remaining as a guest house." a Mr. Levin stated that the (Special Master) issued a final order which allowed him the opportunity to obtain a Department of Natural Resources (DNR) permit and return before the (Special Master); that the DNR permit has been obtained from (the Division of Beaches and Shores in Tallahassee) to proceed and complete the structure; that an agreement was entered into in 1989 to demolish the existing house located closer to the street; that modification to that agreement is requested to keep the structure as a guest/pool house which by removing the kitchen is in compliance with the Zoning Code; that ratification of the agreement and authorization by the Commission for City Manager Sollenberger to execute the modification agreement is requested; that the modification agreement has been approved as to form only by William Hewes, Director of Building, Zoning, and Code Enforcement, and Mark Singer, City Attorney's office. Mr. Levin stated that a written agreement was entered into with his neighbor, Mr. Googins; that Mr. Googins did not follow through with the agreement to purchase an easement which would prohibit building on the property thereby, in accordance with that agreement, affording him (Mr. Levin) the right to proceed with the project. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to (have the Administration report back with a recommendation at the next Regular meeting). City Manager Sollenberger stated that the Administration will provide a written report on the entire matter; that anything that was done regarding this issue was done with the advice of the City Attorney's office; that he has previously refused to ratify this new agreement; that the original agreement was authorized with the understanding that the original house would be demolished once the second house was completed; that he will not change his position unless directed to do so by the Commission. Mayor Patterson stated that she supports Mr. Sollenberger's position without the report; that Mr. Levin signed an agreement to have one house on his property; that after several years of inconvenience to his neighbors, he is now requesting ratification Book 36 Page 10370 04/04/94 6:00 P.M. Book 36 Page 10371 04/04/94 6:00 P.M. to allow two houses on the property which was not part of the original agreement; that Mr. Sollenberger's original response was proper. Mayor Patterson called for the vote on the motion. Motion carried (3 to 1): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, no. Doug Kresge and Bob Winters, representing Sarasota Sailing Squadron. Mr. Kresge stated that the Sarasota Sailing Squadron is a lessee of the City of Sarasota; that a situation has arisen on which Commission input is requested; that Mr. Winters made a trip to Cuba in December and much public interest exists to start an annual race from Sarasota to Cuba; that the Sarasota Sailing Squadron wants to know if sponsoring or endorsing a race to Cuba would cause any negative political impact to the City of Sarasota. Mr. Winters stated that friends he made at the marina and yacht club while visiting Cuba for two weeks in December invited him to return to Cuba in May for their annual fishing tournament; that a Cuba night with a presentation was held at the Sarasota Sailing clubhouse on March 17th; that there was much support for a race to Cuba, and 50 boats have already signed up for the race to Cuba; that the race is a humanitarian effort and the only requirement is that each boat bring 250 pounds of clothes, toothpaste, etc. to be donated to the Cuban people; that the Cuban yacht club will sponsor the (racers) while in Cuba so that no U.S. dollars will be expended; that the race is actually a "hands across the water" event; that the race will happen whether it is in Sarasota or somewhere else; that the Sarasota Sailing Squadron would like the people's blessing to have it happen in Sarasota and become an annual event. Vice Mayor Merrill asked if anything in the lease mandates Commission approval for such an event? City Manager Sollenberger stated that this does not require the approval of the city Commission. Mr. Kresge stated that the St. Petersburg yacht club received negative political impact last year and pulled its endorsement of the planned regatta. City Attorney Taylor stated that there are definite restrictions on the ability of American citizens to travel to Cuba whether by boat or otherwise; that this issue is not related to the lease; that the real issue is whether the City Commission feels that at this particular point in time with a federal policy as it exists with reference to Cuba, if it is in the best interest of this political body to endorse (the race); that he does not know the ramifications of the act of approving the race; however, a review and a report back to the Commission can be done quickly by telephone and does not require particular research. Commissioner Cardamone suggested that no action be taken by the Commission; that the presenters be thanked for informing the Commission; and that the Sarasota Sailing Squadron be notified if the City Attorney finds something that raises a flag. Mayor Patterson stated that there was consensus of the Commission to have the City Attorney review the issue for any possible ramifications against the city. 13. UNFINISHED BUSINESS: CONTINUED DISCUSSION RE: PROPOSED ORDINANCE NO. 94-3765, AMENDING ARTICLE IX OF THE ZONING CODE PERTAINING TO NONCONFORMING USES OF STRUCTURES IN ALL RESIDENTIALLY ZONED DISTRICTS; EXTENDING BY FIVE YEARS THE DATE BY WHICH CERTAIN NONCONFORMING USES OF STRUCTURES SHALL BE TERMINATED OR THE STRUCTURE ALTERED AND CONVERTED TO A BUILDING DESIGNED FOR A USE PERMITTED IN THE RESIDENTIALLX ZONED DISTRICT IN WHICH IT IS LOCATED; MAKING FINDINGS AS TO THE NEED FOR SAID EXTENSION: ETC. REMOVED FROM THE TABLE: PASSED ON FIRST READING (TITLE ONLY) AND 14. PROPOSED RESOLUTION NO. 94R-721, PROCEDURE TO RESOLVE NONCONPORMING USES IN RESIDENTIAL ZONE DISTRICTS; ETC. (TITLE ONLY) = REMOVED FROM THE TABLE: ADOPTED; AUTHORIZED $4,500 FOR PROFESSIONAL ASSISTANCE (AGENDA ITEM VII-1) #2 (0362) through (0810) On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to (remove Ordinance No. 94-3765 and Resolution No. 94R-721 from the table). Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. city Attorney Taylor stated that the City Commission had before it at the last Commission meeting this ordinance relating to the extension of the amortization period for nonconforming uses which have had a 20 year opportunity to use up their useful life having been made nonconforming by the current Zoning Code enacted in the early 1970s; that the questions which arose at the table resulted from neighborhood people who came before the Commission to speak about one particular use, where illegal activities were alleged to be taking place as a result of the operation of that particular business. Attorney Taylor stated that he was asked to review the following: 1. Whether the Commission could leave that particular land use out of the ordinance when adopted; thereby making Book 36 Page 10372 04/04/94 6:00 P.M. Book 36 Page 10373 04/04/94 6:00 P.M. its lawful use expired in January 1994, requiring the business to close. Attorney Taylor stated that under the circumstances, the City would not have a good legal basis for making that kind of a classification since allegations were the only information presented at the table; that the factors required to make a decision concerning the business have not been proven. 2. Whether the amortization period of the Ordinance could be reduced. Attorney Taylor stated that the ordinance is written to extend the amortization period for five years; that as a matter of law, the City does not have to make this extension for the purposes of making legal something that took place 20 years ago and was never recorded as a matter of public record; that from a legal perspective the Commission has the prerogative to determine the extension period; however, a procedural problem exists in that this is an ordinance which is part of the public hearing process, advertised, and the public was made aware of the fact that the Commission intended to set the amortization period at five years; therefore, he recommends re-advertising the ordinance for another public hearing if the City wishes to change the amortization to a shorter period of time. 3. If an enforcement mechanism exists to effectively deal with the alleged activities at the Central Avenue property? Attorney Taylor stated that his office is currently working with the Police Department to not only try carefully examine what is taking place at this particular property but also neighboring properties which may be creating a public nuisance for the neighborhood by which the City Attorney by State law has been authorized to abate; that a recommendation will be brought to the Commission once documented proof has been obtained and reviewed. Mayor Patterson stated that a change was made to the resolution under Task II - Identify Parcel/eignborhood Characteristics to determine what the nature of the nonconformity use and its extensiveness was back in 1974, and asked what happens to a nonconforming use property which existed in 1974 but ceased to operate in that nonconforming manner during the past 20 years? Attorney Taylor stated that once a nonconforming use is abandoned it does not need to be amortized out; that the use was nonconforming, abandoned, and "dead" as of the date of the abandonment; that as part of the review process under the resolution, if a current nonconformity is less intense than a prior one, the matter coming before the Commission will be the lessened nonconformity. Commissioner Atkins asked if the Commission should be concerned that present owners of properties which exchanged ownership may not have been forewarned of the nonconformity? Attorney Taylor stated that people are on notice of what the laws are in the jurisdiction; that (the jurisdiction) is not required to publish the laws in the public records; therefore that (issue) does not bother him from a standpoint of a legal challenge. Vice Mayor Merrill stated that zoning is not recorded against property; that zoning has been commonplace in America since the 1950s and most people check the zoning when they purchase a property. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to pass Ordinance No. 94-3765 on first reading and adopt Resolution No. 94R-721 (and authorize use of up to $4,500 for professional assistance). Mayor Patterson stated that the effect of this will be extending certain commercial nonconformities in residential districts for an additional five years with a particular 14 month period of time for the City to study the issues to determine what will be done with the individual pieces of property. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 15. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION. MAYOR AND CITY AUDITOR AND CLERK TO PREPARE AND EXECUTE AN AMENDMENT TO THE SERVICE AGREEMENT WITH BFI, TO INCLUDE MANDATORY RECYCLING, ADDITIONAL YARD WASTE AND BULK COLLECTION SERVICES - APPROVED (AGENDA ITEM VII-2) #2 (0815) through (1119) V. Peter Schneider, Deputy City Manager, stated that previously tonight the City Commission approved setting for public hearing, an ordinance that requires a mandatory recycling program; that with passage of the ordinance, the program will become effective on July 1, 1994, and will include a total of 13 of the 16 items contained in the County recycling program; that the City is required to meet the State mandate of 30% (recycled waste) by December 31, 1994; that steel jar lids will be included to expand the program as well as four paper categories: (1) high-grade paper, (2) mixed paper, (3) magazines and (4) cardboard. Browning-Ferris Industries (BFI) has agreed to provide yard and bulk waste area to alleviate the Book 36 Page 10374 04/04/94 6:00 P.M. Book 36 Page 10375 04/04/94 6:00 P.M. problem of illegal trash piles occurring in the City; that BFI will also take up to one cubic yard of household construction material per week including and small quantities of roofing tile and masonry. Mr. Schneider continued that the cost of the mandatory recycling program will be $2.02 a month; that the cost is currently $1.37 per month; that the additional yard and bulk collection costs will be assumed within the existing contract amount of $2.25 per residential unit per month. Mr. Schneider further stated that the bulk waste piles appearing on the right-of-way of vacant lots will also be picked up. Duane Mountain, Manager of Streets, Landscape Maintenance and Solid Waste Management Division, came before the Commission. Commissioner Atkins stated that he is concerned with (portions of the trash mix which are improperly separated remaining on the curbside until someone calls the City of Sarasota for pick up). Mr. Schneider stated that there still is a requirement of separation of trash; that an attempt to notify the resident will be made if a pile is not separated properlyi that it will not be there for more than a week. Vice Mayor Merrill stated that no mention was made regarding the size and length limitations of the items to be collected; that the collection process for residential reconstruction jobs having two cubic yards on the street needs to be defined and clarified. city Attorney Taylor stated that under Consent Agenda III A-1 the Commission approved setting for public hearing the recycling ordinance that puts the mandatory recycling program into effect; therefore, (the ordinance) is not yet the law; that many of these (types of) things will come up under review of the ordinance, and any action the Commission takes tonight with reference to this should be subject to the Commission adopting the ordinance. Mr. Schneider stated that the ordinance and the service amendment are not effective until July 1; that the intent of the change is for small amounts of household construction debris; that two cubic yards or more would not be treated as a small amount; that (the resident) would be charged for and required to remove (over one cubic yard) on their own; that notification would be given to the resident upon seeing the pile. Mr. Mountain stated that concerns of BFI and the City will be (addressed) to fill in gaps in the future. Mayor Patterson requested that education be given on the recycling changes. Mr. Mountain stated that a massive campaign on the mandatory recycling program will be promoted by the City after the parameters of the program are defined. On motion of Commissioner Atkins and second of Vice Mayor Merrill, it was moved to authorize the Administration to prepare; and the Mayor, and the City Auditor and Clerk to execute an amendment to the Service Agreement with BFI to provide for the mandatory recycling and additional services for yard waste and bulk waste collection subject to adopting Ordinance No. 94-3786. Motion carried unanimously (4 to 0) : Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 16. UNFINISHED BUSINESS: APPROVAL RE: AGREEMENT WITH NATIONSBANK COMMUNITY DEVELOPMENT CORPORATION (NB CDC) AND COMMUNITY HOUSING CORPORATION (CHC) TO PERMIT THE REDEVELOPMENT OF LEON AVENUE - APPROVED AND AUTHORIZED THE ADMINISTRATION TO TAKE STEPS TO IMPLEMENT THE DOCUMENT TITLED "LEON AVENUE REDEVELOPMENT PROJECT. a (AGENDA ITEM VII-3) #2 (1119) through (2005) Don Hadsell, Community Development Director; Steve Kunk, Enterprise National Bank, outgoing Community Housing Corporation Chairman; Debra Jacobs, Sun Bank, incoming Chairman; Jack Conway, Community Housing Corporation; and Doug Mrstik, NationsBank CDC Chief Officer, and incoming Vice Chairman, came before the Commission. City Manager Sollenberger stated that the City has acquired and cleared the Augustine Quarters, and entered into an agreement with the Community Housing Corporation (CHC) for the redevelopment of the property; that the City would recover $100,000 based on lot sales of $10,000 per lot; that the CHC has joined in a partnership with NationsBank Community Development Corporation (NB CDC); that NB CDC in cooperation with the CHC have recommended various items including a reduction in the sales price of the lots from $10,000 to $5,000 as well as the extension of Leon Avenue; that the Leon Avenue (extension) cost is estimated at $100,000 with an $8,000 contingency; that a memorandum dated March 24, 1994, which is included in the agenda packet outlines the cost that the City will incur as a result of the Leon Avenue Redevelopment Project; that canceling $108,000 in projects funded by Local Area Sales Tax (L.0.S.T.) is recommended to obtain the costs; that substitute Community Development Block Grant Funds are recommended for the canceled projects. Mr. Sollenberger stated that the Administration's recommendation is to approve the document entitled "Leon Avenue Redevelopment Project" as prepared by the NB CDC which has been negotiated with and supported by the City Staff. Mr. Kunk stated that CHC through a unique partnership with the City of Sarasota and the financial institutions in the community have enjoyed successi that the Leon Avenue Project required a new team member to the partnership, NB CDC; that NB CDC brings a wealth of history of redeveloping neighborhoods in a number of communities throughout the southeast; that this project will not only have a Book 36 Page 10376 04/04/94 6:00 P.M. Book 36 Page 10377 04/04/94 6:00 P.M. positive impact on the neighborhood, but also provide 25 affordable single family homes. Dorothy Clark, Leon Neighborhood Association (LNA), came before the Commission and stated that the neighborhood appreciates the clearing of Augustine Quarters and are looking forward to the Commission approving the plan for the redevelopment of Leon Avenue; that the LNA was shown the designs and approve of the proposed homes; that help to improve other homes and construct a playground in the neighborhood is planned; that LNA requests that the vacant house on 23rd Street/Leon Avenue be renovated and used by the Police Department to "clean up" the area before the homes are built so that new families will be encouraged to move into the neighborhood. Ms. Clark invited the Commission and audience to attend the LNA meeting on (April 16th) at 5:00 p.m. at 1521 23rd Street. Jim Grauley and Robin Davis, NB CDC, and Bruce Franklin, CHC, came before the Commission. Mr. Grauley stated that NB CDC's history has been to work closely with Cities that are pro-active in redeveloping urban neighborhoods; that the combination of the City's pro-active nature, CHC's track record and vision for work in this community, the commitment of the banking community, and the strength of the neighborhood will be the catalyst to improve the Leon Avenue area. Mr. Grauley stated that the "Leon Avenue Redevelopment Project" recommends and outlines the steps with which to proceed and the partnership requested from the City. Commissioner Cardamone stated that this project is a win situation for the City, the neighborhood, and other team members of the partnership of which she is pleased to be a part. Mr. Conway showed the Commission drawings of the proposed site and floor plans for the development and stated that the redevelopment will be completed in two phases; that 15 houses will be built in the first phase, and the second phase involves extending Leon Avenue through to 19th Street and constructing at least 6 more houses; that no federal funds are involved with the project; therefore, the project is not bound by the upper income ceiling; that this area will be one of the best middle class neighborhoods in the City of Sarasota two years from now. Commissioner Atkins thanked the Leon Avenue residents for working with the City and having perseverance, vision, and understanding; and thanked the Community Housing Corporation, the banking coalition partnership, present and past Commissioners, and the total City of Sarasota for the effort and work required to make this project a reality. On motion of Commissioner Atkins and second of Vice Mayor Merrill, it was moved to approve and authorize the Administration to take steps to implement the document entitled "Leon Avenue Redevelopment Project." Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 17. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO ADVERTISE AND ESTABLISH A PUBLIC COMMENT PERIOD TO AMEND THE CITY'S FY94 COMMUNITY DEVELOPMENT BLOCK GRANT (CDGB) - APPROVED (AGENDA ITEM VII-4) #2 (2000) through (2023) On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation (that the Director of Community Development be authorized to advertise and establish a public comment period to delete $75,000 from the Dr. Martin Luther King, Jr. Way Economic Development Program and $33,000 from the Central Gardens demolition fund to finance the projects listed on the Proposed Projects. Also, that following this comment period that this recommendation, as well as all public comments received be brought back before the City Commission for their review and consideration in May). Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 18. UNFINISHED BUSINESS: DISCUSSION RE: FAMIGLIO PROPERTIES ON FRUITVILLE ROAD REFERRED TO ADMINISTRATION. FOR RECOMMENDATION AT NEXT MEETING (AGENDA ITEM VII-5) #2 (2028) through (2307) William Hewes, Director of Building, Zoning, and Code Enforcement, came before the Commission, and stated that Mr. Famiglio has submitted a proposal and is prepared to proceed if the Commission is satisfied with the proposal; that Mr. Famiglio has agreed to file a development plan for the property located at 1333/1365/1375 Fruitville Road by April 8, 1994, for Planning Board approval (as required by Ordinance No. 92-3635) to have the additional work on the site approved; that a work permit will be secured within 30 days of securing Planning Board approval; that work will commence within 45 days of the Planning Board approval; that the studio building behind the Humber House, located at 1365 Fruitville Road, will be remodeled at the same time for two living units; that "The Inn", located at 1375 Fruitville Road, will have exterior work done at the same time for completion by July 15, 1994; that the interior work (on "The Inn") will not start until December 1994, but would be completed with Certificate of Occupancy secured by July 1, 1995. Mayor Patterson asked what happens if the petitioner does not conform to this schedule? Mr. Hewes stated that the proposal does Book 36 Page 10378 04/04/94 6:00 P.M. Book 36 Page 10379 04/04/94 6:00 P.M. not address that situation; that provisions to the requirements, penalties or bonds can be added with the Commission's prerogative. Mayor Patterson stated that penalties need to be included in case the requirements are not met. Mr. Hewes stated that Mr. Famiglio could post bond in the amount of the cost for demolition of the structures. City Attorney Taylor suggested (binding the proposal) with a contract and having bond posted; that if the City has to demolish the structures in the event that Mr. Famiglio defaults on the contract, the bond will reimburse the City for the cost. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to refer this issue to the Administration for a recommendation (on securing a bond or demolishing the structures) at the next meeting. Commissioner Cardamone asked if a recommendation needs to come back to the Commission or if the Attorney's recommendation can be acted upon? City Manager Sollenberger stated that the item should come back to the Commission with either a signed contract by Mr. Famiglio, or a request to proceed with demolition. Mayor Patterson called for the vote on the motion. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 19. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR TO SEND A LETTER TO THE COUNTY COMMISSION CONCERNING NEW PASS DREDGING - APPROVED (AGENDA ITEM VII-6) #2 (2309) through (2440) City Manager Sollenberger stated that the Town of Longboat Key had requested that the U.S. Army Corp of Engineers (USACE), with County Commission support, undertake a study for the possible alignment of the New Pass Channel to the south prior to the planned dredging; that the USACE responded by stating the matter does not warrant a study for several reasons and (the existing channel alignment is in the best location and interest of all involved) ; that the Town of Longboat Key has asked for reaffirmation of the County's position be sent to the USACE; that a proposed letter from the City of Sarasota, for the Mayor's signature, has been prepared; that the letter concurs with the USACE response, and requests that the County Commission accept the USACE's position. On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to authorize the Mayor to send the letter. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 20. NEW BUSINESS: DISCUSSION RE: DESIRABILITY OF REQUESTING THE SCHOOL BOARD TO PRESERVE THE EXISTENCE OF BROOKSIDE MIDDLE SCHOOL, THE LAST REMAINING MIDDLE SCHOOL WITHIN THE CITY LIMITS - ADOPTED RESOLUTION NO. 94R-728; COPY TO BE FORWARDED TO THE SCHOOL BOARD (AGENDA ITEM VIII-1) #2 (2447) through (2820) Vice Mayor Merrill stated that the closing of Brookside Middle School will have a negative effect on the surrounding neighborhoods; that Brookside is the last middle school left in the City of Sarasota which serves as a safe neighborhood school; that Sarasota Middle School has also been closed recently. Vice Mayor Merrill read proposed Resolution No. 94R-728 in its entirety, which opposed the decision of the Sarasota County School Board to close Brookside Middle School. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to adopt Resolution No. 94R-728 and forward a copy to the School Board highlighting the Commission's interest in schools being the building blocks of communities. Commissioner Cardamone stated that many problems regarding vandalism and student activities exist in the Brookside area neighborhood; that this issue should be addressed with the neighbors prior to sending this resolution to the School Board. Vice Mayor Merrill stated that minor vandalism occurs near any school; that people living immediately around the school may not desire the school to be located there, however, it is undeniable that a school benefits the overall area; that the Neighborhood Watch and other groups support keeping the school open; that the City Commission, who understands urban form, should politely remind the (School Board) of the importance of neighborhood schools in making an urban area work. Mayor Patterson stated she agrees with Vice Mayor Merrill and that she regrets (the bigger school concept which discourages neighborhood schools).. Commissioner Atkins stated that all schools come with "baggage"; however, the overwhelming positive aspects that a school brings to a neighborhood warrants support of the resolution. Mayor Patterson requested that city Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. Book 36 Page 10380 04/04/94 6:00 P.M. Book 36 Page 10381 04/04/94 6:00 P.M. 21. NEW BUSINESS: DISCUSSION RE: CITY/COUNTY FIRE RESCUE CONSOLIDATION STUDY PROPOSAL - APPROVED RECOMMENDATION CONTAINED IN THE CITY /COUNTY JOINT MEMORANDUM (AGENDA ITEM VIII-2) #2 (2824) through (3205) City Manager Sollenberger stated that a joint memorandum from he and County Administrator White was prepared regarding continuing and further studying the consolidation of City and County fire departments; that Commission endorsement is requested on the recommendation to establish a citizen committee which would represent various aspects of the County and the City, and whose purpose would be to evaluate various matters of the fire consolidation; (that the citizen committee would be provided staff representatives from both Fire-Rescue Departments and unions as well as the Human Resources, Finance, and City Auditor and Clerk's offices, to serve in a resource capacity throughout the study). Commissioner Atkins asked if the delivery of services or positions of fire stations will be considered in the study? Mr. Sollenberger stated that the level of service which includes the fire stations, the response times, and the stationing of the equipment needs to be reviewed; that redistribution of response from City stations may be necessaryi that information obtained two years ago through a grading (study) of the City and County is still valid and will provide sufficient data for determination by the committee. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved (to approve the recommendation contained in the joint memorandum dated March 25, 1994 from the City Manager and the County Administrator). Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 22. NEW BUSINESS: DISCUSSION RE: FEDERAL EMERGENCY MANAGEMENT AGENCY REGULATIONS (FEMA) - APPROVED PREPARATION OF AN ORDINANCE TO MEET FEMA REQUIREMENTS AND A TWO YEAR WAIT BETWEEN PERMITS (AGENDA ITEM VIII-3) #2 (3206) through (3680) William Hewes, Director of Building, Zoning, and Code Enforcement stated that the City of Sarasota has been securing better ratings from the Federal Emergency Management Agency (FEMA) relative to the enforcement of the FEMA regulations within the City; that the City had been invited for the last two years to send a representative to FEMA's school at FEMA's expense; that Timothy Litchet, Manager of Zoning and Code Enforcement recently attended one of the FEMA schools. Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that he attended (the Managing Floodplain Development through the National Flood Insurance Program Seminar); that the City of Sarasota participates in the Community Rating System Program, which has resulted in a 10% or $160,000 annual decrease in flood insurance premiums to the community, without having required or requested any additional funding; that Sarasota is one of the few communities to receive a discount without a budgeted program. Mr. Litchet stated that FEMA has formulated a new strong enforcement policy and had recommended that all communities floodplain management ordinances be evaluated to insure consistency with these new policies; that a "cumulative" provision in the (Zoning Code) is a substantial policy change being recommended; that Sarasota is the only community in southwest Florida with no provision regarding (back-to-back permits which are more than 50% of the market value); that FEMA is interpreting a 1- to 2-year "cumulative" policy; and (that authorization to have an ordinance prepared to meet FEMA requirements regarding the 50% rule and recommendations for a two year wait between permits for improvements in FEMA areas is requested). Mayor Patterson stated that previous policies which allowed multiple building permits have encouraged remodeling waterfront area structures rather than building massive new structures; that the FEMA requirements may cause new structures to be built which will tower over older homes changing the character of the neighborhoods; that the Building Department should immediately address a recommendation on maximum lot coverage to include elevated pool structures and the disturbance of drainage on neighboring lots. Mr. Hewes stated that the (ordinance) pertaining to the drainage issue is being drafted; that lot coverage will be addressed as requested. Commissioner Cardamone stated that language to address the scale of huge homes should also be addressed. Mr. Hewes further stated that addressing the scale of structures would require a design process, and would be more complicated than changing lot provisions. Mayor Patterson stated that City ordinances presently address height; that including a lot coverage (ordinance) may address the community's concerns. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved (to prepare an ordinance to meet FEMA requirements and recommendations for a two year wait between permits to improve structures in FEMA areas). Motion carried Book 36 Page 10382 04/04/94 6:00 P.M. Book 36 Page 10383 04/04/94 6:00 P.M. unanimously (4 to 0) : Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 23. NEW BUSINESS: DISCUSSION RE: STATUS OF RINGLING CAUSEWAY BRIDGE REPLACEMENT = DIRECTED THE ADMINISTRATION TO INVITE THE FDOT BY LETTER TO ADDRESS THE COMMISSION REGARDING TRAFFIC SIGNALS AND RINGLING CAUSEWAY REPLACEMENT BRIDGE DESIGN (AGENDA ITEM VIII-4) Commissioner Cardamone distributed a copy of a public notice which appeared in the Sarasota Herald Tribune on Thursday (March 31, 1994). Commissioner Cardamone stated that the Commission has discussed forming a committee to coordinate the design of the replacement bridge; however, the last line in the public notice states: "This project will now proceed to the next phase of development, the preparation of construction plans." Commissioner Cardamone continued that she interprets that statement to mean that the design is already complete. Commissioner Cardamone stated that she had requested copies as mentioned in the notice be obtained; that the notice states: "Concept plans, aerial photography, and copies of all other information in support of this approval are publicly available at the Florida Department of Transportation (FDOT) office in Bartow." Dennis Daughters, Director of Engineering/City Engineer, came before the Commission with a portion of the copies mentioned in the notice which were received from FDOT, and stated that other materials such as reports of the public meetings, letters, and various other reports were also received. Mayor Patterson asked if the Sarasota City Commission hearing and (public meeting) were mentioned in the FDOT documentation? Mr. Daughters stated that the documentation he has read notes that at least one meeting was held with the City Commission; however, the reports further stress the actions of other agencies. Mr. Daughters stated that "preparation of construction plans" means the basic design; that he was told on January 20th, at the only meeting he had with the FDOT, that the design had been initiated and construction plans were underway. Mr. Daughters showed and discussed with the Commission the aerial photography and plat plans of the bridge construction and design. Mayor Patterson asked if a road could be constructed to travel under the bridge to access Hart's Landing? Mr. Daughters stated that constructing something similar to what exists today would be quite easyi however, grass beds in the area north of the existing roadway concern and constrain the FDOT. Mayor Patterson suggested that Mr. Daughters study and review this access for an alternative solution. Commissioner Cardamone stated that she is concerned with vehicles towing boats, jet skis, etc., trying to access Hart's Landing by crossing two lanes of traffic coming off a steep 65-foot bridge which could create a dangerous traffic situation. Vice Mayor Merrill stated that his concern is for the bicyclists and people who currently ride and walk under the bridge without ever crossing the road; that perhaps a path or wooden bridge for pedestrians could be constructed if a road access is not possible; that providing a route under the roadway for pedestrians and bicyclists should be mandatory. Mr. Daughters stated that the FDOT has indicated that would be done. Commissioner Cardamone stated that she is concerned that the FDOT will proceed without coordinating with the City; that the City was asked to site the bridge before the size; height; and traffic approaches to the beaches, boating, and fishing areas were decided; that the City may not have sited this bridge at this location had some of these issues been known. Commissioner Atkins stated that his interpretation of what the Commission wants is a road to go up under the bridge which will provide safer transition for towing of boats and jet skis to Hart's Landing; that asking the Engineering Department to study this access by looking at different designs is unrealistic since the City is basically up against a wall and will just be spinning wheels; that a letter should be sent directly to the FDOT. Mayor Patterson stated that members of the Golden Gate Point Association plan to come before the Commission and request that a no wake zone be created or jet ski launching be limited; however, the roadway is something for which the Commission is asking. Commissioner Cardamone stated that the Commission wants to have the FDOT bring the Commission into the decision making. Mayor Patterson suggested a motion to direct the Administration to draft a letter expressing the Commission's concern at being left out of the design planning process which affects many amenities surrounding the bridge including Bird Key Park, Saprito Pier, and the roadway to Hart's Landing. Vice Mayor Merrill stated that he supports sending a letter to the FDOT; however, the FDOT project manager should also be invited to come and address the Commission. Mayor Patterson stated that a report on the status of signalization of the traffic light has been Book 36 Page 10384 04/04/94 6:00 P.M. Book 36 Page 10385 04/04/94 6:00 P.M. requested from the FDOT, and at the same time, the FDOT could report on the bridge. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to 1) direct the Administration to send a letter to the FDOT requesting an access roadway to Hart's Landing with the construction of the new bridge and 2) invite the FDOT to come and discuss the traffic signals and the design of the new bridge with the City Commission. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 24. BOARD APPOINTMENTS: APPOINTMENT RE: SARASOTA HOUSING AUTHORITY = ARTHUR S. HARDY APPOINTED TO ATTORNEY SEAT: - WILLIAM M. CAMPBELL APPOINTED TO BANKER SEAT (AGENDA ITEM IX- 2) #3 (0657) through (0775) Mayor Patterson nominated Arthur S. Hardy, an attorney practicing for seven years who lives in south Sarasota and grew up in north Sarasota, where his parents still reside, to replace Paul Rowell in the attorney seat. Mayor Patterson nominated William M. Campbell, Jr. for the banker position; that Mr. Campbell is a loan officer and liaison for Sun Bank whose business card denotes, "Affordable Housing Specialist"; that Mr. Campbell does not live within the City, but lives close to the City on Webber Street. Mayor Patterson stated that Mr. Hardy has requested, if confirmed, that the official start of his term be delayed until May 1st since he will be out of town for the first meeting; that both nominees have been interviewed and would be excellent additions to the Housing Authority Board. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to approve the Mayor's nominations. Motion carried (3 to 1): Atkins, no; Cardamone, yes; Merrill, yes; Patterson, yes. 25. REMARKS OF COMMISBIONERS, ANNOUNCEMENIS AND ITEMS FOR NEXT AGENDA - DIRECTED THE ADMINISTRATION TO CANCEL THE COURTELIS WORKSHOP IF NO CONCRETE INFORMATION OF INTENT IS PLANNED (AGENDA ITEM X) #3 (0776) through (1098) VICE MAYOR MERRILL A. referred to the Police Services Bureau Monthly Activity Report contained in the Commission agenda packet and stated that all crime activity types had decreased significantly compared to the same period of time last year. B. read the following rating of Florida Golf Courses in regard to the British Course, "Comments: flat, uninspiring, poor shape, has lost its British flavor, poorly managed, but inexpensive." Vice Mayor Merrill thanked the Commission for voting to rebuild the British Course greens (at Bobby Jones Golf Complex) which will change this rating; that revenues and golf cart use have increased substantially at BJGC due to the telephone reservation system. COMMISSIONER. CARDAMONE A. stated that a media event should be arranged for the Public Safety Report. B. requested that the City Manager rethink the Courtelis Workshop scheduled for next Monday. City Manager Sollenberger stated the workshop was suggested as an opportunity to introduce the Courtelis Group to the Commission in an effort to better position the Commission should the County decide to relocate the library to an alternate site. Vice Mayor Merrill stated that he supports the Courtelis project; however, he is waiting for Courtelis to show some good faith; that the Commission should wait until something is firm, such as an offer for the land from Courtelis; that he expected more from the Courtelis Group than has been put forth to this point. Commissioner Atkins agreed. Commissioner Cardamone stated that she would be more interested in reacting immediately when and if the County Commission decides to relocate the library site (rather than discussing beforehand an issue which may not evolve). On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to reschedule the Courtelis workshop to a later date. Commissioner Atkins asked if the Courtelis Group planned to use the Workshop to present the Commission with concrete plans? Vice Mayor Merrill stated that he does not want to discourage the Courtelis Group if that is the purpose of the workshop. Mr. Sollenberger stated that the workshop was scheduled upon his initiative for official communication to the Commission; that a presentation of strong evidence of commitment was requested; Book 36 Page 10386 04/04/94 6:00 P.M. Book 36 Page 10387 04/04/94 6:00 P.M. however, the Courtelis Group may not be in a position to do so at this time. Commissioner Atkins suggested that the Administration call the Courtelis Group to inquire if they are in a position to present evidence of a commitment or if the meeting will be a waste of the Commission's time. The motion was withdrawn by the maker and seconder of the motion. Mayor Patterson stated that there was a consensus of the Commission to direct the City Manager to contact the Courtelis Group to find out if the Courtelis Group plans to present additional concrete evidence of their intent at the workshop and if not, cancel the workshop. MAYOR PATTERSON A. stated that she may be requested by Board members of the Asolo to participate in a public statement as Mayor that the Asolo has great value to the community; that she is hesitant to participate without endorsement of the Commission. There was consensus of the Commission to endorse the Mayor's participation in a public statement for the Asolo (Theatre). 25. ADJOURN (AGENDA ITEM XII) #3 (1100) The Regular Sarasota City Commission Meeting of April 4, 1994, adjourned at 9:16 p.m. Hora Alevten NORA PATTERSON, MAYOR ATTEST: 0? Billy E Robense BILLY BZ ROBINSON, CITY AUDITOR AND CLERK