MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 18, 1994, AT 6:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins, Mollie Cardamone and Gene Pillot, city Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. city Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MARCH, 1994 - OFFICER ARTHUR S. WALLS, PUBLIC SAFETY DEPARTMENT, POLICE SERVICES BUREAU #1 (0033) through (0118) Gordon Jolly, Chief of Public Safety Police Services Bureau, and Arthur Walls, Police Services Bureau Officer, came before the Commission. Police Chief Jolly stated that Arthur Walls has been with the Sarasota Police Department for the past 17 years, serving many of those years as the department's Crime Prevention Officer; that Officer Walls' efforts have been recognized as the Crime Prevention Officer of the year for the State of Florida, and was recently elected President of the Suncoast Crime Prevention Association. Police Chief Jolly continued that Officer Walls developed a 16-hour certified Crime Prevention through Environmental Design (CPTED) basic training course that was the first training program designed by a local trainer to be approved by the Florida Attorney General's Office; that Officer Walls' accomplishments over the years certainly exemplify the City's motto of "Serves with Excellence and Pride." Mayor Patterson presented Arthur Walls with a plaque and certificate for the Employee of the Month for March 1994 in appreciation of his unique performance with the City of Sarasota and congratulated him for his outstanding efforts. 2. PRESENTATION RE: STATE REPRESENTATIVE SHIRLEY BROWN AND STATE SENATOR JIM BOCZAR Book 36 Page 10388 04/18/94 6:00 P.M. Book 36 Page 10389 04/18/94 6:00 P.M. Mayor Patterson requested that State Representative Shirley Brown and State Senator Jim Boczar, who were present in the Commission Chambers, join the Commission at the table and gave an update on legislative items passed by the Legislature. Representative Brown presented a copy of the County Allocations Contained in the Conference Committee Report to the Commission, and stated that this presentation is in response to the many phone calls received regarding State legislation and budget items. Representative Brown highlighted the following items of interest for Sarasota County: Cultural Programs $ 1,001,356 Ringling Museum Operating Funds 1,678,583 Historic Preservation Ringling Home . . 1,500,000 Ringling Towers . 478,000 Sarasota Exhibition Hall 200,000 Job Service Office Upgrade . 1,100,000 Dept. of Transportation . 26,206,993 Representative Brown stated that in addition, a compromise was reached with the help of U.S. Senator Bob Graham, the U.S. Army Corp of Engineers (USACE), and Kirby Green from the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores regarding the "Sand Wars" between Sarasota, Siesta Beach, and Venice and the use of the Siesta Key shoal; that $200,000 was secured (from the State) for a Venice Beach sand source study and USACE will contribute $700,000 toward the study. Representative Brown continued that one new Circuit Court Judgeship has also been budgeted for (Sarasota County). Representative Brown stated that the Statewide budget included allocating $237 million for juvenile justice; that a new Juvenile Justice System will be (developed) ; that over $2 billion was (allocated) for criminal justice construction and operations which includes $264 million for new prison bed construction of over 17,000 beds and $50 million for operations of those new beds; that $93 million was (allocated) for affordable housing programs; that Sarasota County received a 3.67% increase in education funding. Senator Boczar stated that the Governor is reviewing the legislation for signature which was passed (loy the Senate) relevant to the sales tax owed on the Van Wezel; that forgiveness will be given to municipal governments; that support for this legislation changed over the past two years and got stronger as the Department of Revenue found other municipalities around the State which had institutions that had not paid sales tax; that this legislation will save the City of Sarasota approximately $1.5 million in back taxes. Senator Boczar continued that he was pleased to have been able to secure the funds (necessary) to conduct the Venice Beach sand source study. Mayor Patterson stated that Representative Brown and Senator Boczar also helped pass legislation that exempts the Ed Smith Stadium from property taxes. Mayor Patterson stated that next year the City will be in a desperate situation regarding Lido Beach and very much on the phone (to legislators) in regard to soliciting support for State funding for a sand renourishment program. Representative Brown stated that (FDEP) did not fund any programs this year that did not have Federal matching funds; that she will send letters of recommendation and do whatever is necessary to obtain (funds for the Lido Beach renourishment program) if the City applies for the (necessary Federal) grants. Mayor Patterson stated that it does not make sense that the Van Wezel has to pay sales tax when Florida Studio Theatre and Ruth Eckerd Hall do not; that the non-profit (organizations) are exempt from sales tax; which creates a handicap for municipally-owned and county-owned facilities; that the City will be asking for support for legislation that creates a level playing field on that issue. Mayor Patterson thanked Representative Brown and Senator Boczar for their efforts and the presentation. 3. CHANGES TO THE ORDERS OF THE DAY = - APPROVED #1 (0399) through (0444) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. III A-7, Approval Re: Contract with Post, Buckley, Schuh, and Jernigan, Inc. (R.F.P. #94-52) for the feasibility assessment of the expansion of the City's wastewater treatment service area (per the request of Environmental Resources Manager Taylor). B. Remove under Consent Agenda No. 1, Item No. III A-8, Approval Re: Interlocal Agreement between the City of Sarasota, Southwest Florida Water Management District and Sarasota Bay Program to perform a feasibility assessment for expansion of the City's wastewater treatment service area (per the request of Environmental Resources Manager Taylor). Book 36 Page 10390 04/18/94 6:00 P.M. Book 36 Page 10391 04/18/94 6:00 P.M. C. Remove under Consent Agenda No. 1, Item No. III A-3, Approval Re: Request for modification and addendum to the agreement relative to 111 North Polk Drive, withdrawn at the request of the petitioner. D. Please add to New Business, Item No. VIII-2, Discussion Re: Speed humps on Shade Avenue, per the request of Commissioner Pillot. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 4. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF APRIL 4, 1994 - APPROVED WITH "PILLOT, YES;" DELETED FROM THE VOTE ON THE MOTIONS ON PAGES 10365 AND 10371 (AGENDA ITEM I) #1 (0445) through (0480) Commissioner Pillot stated that he was absent from the April 4, 1994, meeting; that his name was reflected in the votes on the motions on pages 10365 and 10371 of the minutes and should be removed for accuracy. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to (approve the minutes of the Regular City Commission meeting of April 4, 1994 with "Pillot, yes;" deleted from the vote on the motions on pages 10365 and 10371). Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. BOARD ACTIONS: : REPORT RE: BOARD OF ADJUSTMENT'S REGULAR MEETING OF JANUARY 19, 1994, JANUARY 26, 1994, FEBRUARY 9, 1994, FEBRUARY 23, 1994, AND MARCH 30, 1994 = RECEIVED (AGENDA ITEM II) #1 (0482) through (0618) William Hewes, Director of Building, Zoning, and Code Enforcement, and Gerald Robbins, Chairman of Board of Adjustment, came before the Commission. Mr. Robbins stated that the Zoning Board of Adjustment met for two workshops on January 19th and February 9th; that a revision of the dock ordinance was completed which has been submitted to the Commission and the Planning Board for approval; that the Board also met on January 26th, February 23rd, and March 30th for regular monthly meetings; that all members were present at all meetings; that a total of three variances were submitted of which one was approved and two were denied; that four appeals of the Building and Zoning decisions were presented of which one was overturned, (regarding the mural at the International Flea Market Place), and three were upheld. Mayor Patterson referred to the Board minutes of March 30, 1994, Appeal No. 94-10, and stated that she was concerned with the Board of Adjustment getting too restrictive in what could be planted on waterfront property; and asked for clarification of the Board's thinking on this issue. Mr. Robbins stated that the interpretation of the (Zoning Code) setback does not allow plantings or anything which will block a neighbor's view; that the Board felt that the plantings were blocking the neighbor's view. Mayor Patterson asked if by the Board's interpretation of how the City Ordinance reads, if an oak tree was planted 15 feet from the water, would the resident be notified of a code violation? Mr. Robbins stated that a visual inspection of the property would be made and if the (tree) was blocking a neighbor's view the resident would be notified of a code violation; that however, an oak tree probably would not be considered as blocking a view. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to (receive the reports of the Board of Adjustment for January 19th, January 26th, February 9th, February 23th, and March 30th, 1994). Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 6. ÇONSENT AGENDAS NO. 1: ITEMS 3, 7, AND 8 - REMOVED IN THE CHANGES TO THE ORDERS OF THE DAY; ITEMS 1, 2, 4, 5, 6, AND 9 - APPROVED (AGENDA ITEMS IIIA-1, -2, -3, : - -6, -7, -8, AND -9) #1 (0620) through (0695) 3. Approval Re: Request for modification and addendum to the agreement relative to 111 North Polk Drive 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services contract with Post, Buckley, Schuh and Jernigan, Inc., (R.F.P. #94-52) for the feasibility assessment of the expansion of the City's wastewater treatment service area 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Interlocal Agreement between the City of Sarasota, Southwest Florida Water Management District and Sarasota Bay Program to perform a feasibility assessment for expansion of the City's wastewater treat- ment service area Mayor Patterson stated that Item Nos. 3, 7, and 8 were removed in the Changes to the Orders of the Day. Book 36 Page 10392 04/18/94 6:00 P.M. Book 36 Page 10393 04/18/94 6:00 P.M. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a three-year contract with Armstrong, Parent, Marlar & Company to perform the Financial Audit and Federal Single Audit for the fiscal years ending Sep- tember 30, 1994, 1995, and 1996 2. Approval Re: Set for Public Hearing proposed Ordinance No. 94-3754, standards for Hurricane Resistant Residen- tial Construction SSTD-1093 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Woodruff & Sons, Inc., (R.F.P. #94-68) Bradenton, Florida, for the construction of St. Armands Circle Municipal Parking Lot 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Exclusive Concession-License Agreement to Robert Nani and Lawrence Beane, for Tavern on the Green Restaurant/Bar operations at Bobby Jones Golf Complex 6. Approval Re: Contract to purchase two vacant parcels of property located at the intersection of 15th Street and Lowry Avenue, for expansion of the Sports' Stadium parking lot from the U.S. Government 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment to the Consent Order OGC Agreement (Case No. 88-0621) between the City of Sarasota and the Florida Department of Environmental Protection for the continued operation of the wastewater treatment and reuse system On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to (approve Consent Agenda No. 1, Item Nos. 1, 2, 4, 5, 6, and 9). Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 7. CONSENT AGENDA NO. 2 ITEM 1 (RESOLUTION NO. 94R-713) ADOPTED; ITEM 2 (RESOLUTION NO. 94R-723) ADOPTED; ITEM 3 (RESOLUTION NO. 94R-729) ADOPTED; ITEM 4 (ORDINANCE NO. 94-3765) ADOPTED; ITEM 5 (ORDINANCE NO. 94-3773) ADOPTED: ITEM 6 (ORDINANCE NO. 94-3783) ADOPTED; AND ITEM 7 (ORDINANCE NO. 94-3789) ADOPTED (AGENDA ITEM III-B) #1 (0696) through (0878) City Auditor and Clerk Robinson read proposed Resolution Nos. 94R-713, 94R-723, 94R-729 and proposed Ordinance Nos. 94-3765, 94- 3773, 94-3783 by title only. 1. Adoption Re: Proposed abatement of nuisance and Resolution No. removal of cost reports 94R-713, accepting offending accumulations matter; of junk, rubbish, pertaining to the against the directing the assessment trash or other for the amount property described in each of a lien stated therein; etc. abatement report 2. Adoption Re: (Title Only) Resolution No. Proposed Resolution No. not exceeding 94R-707, which authorized 94R-723, the amending Bonds, Series 1994, $8,000,000 of General issuance of as Obligation requirements of AMBAC previously amended, so as Refunding Only) Indemnity to meet Corporation; etc. (Title 3. Adoption Re: Proposed for the tentative award Resolution No. Inc. for the of contract to 94R-729, Rocket providing distribution system construction of the Britt Grove Industries, Construction Grants pursuant to the EPA reuse proval; Program, subject to Wastewater documents authorizing by the the execution of regulatory the ap- Mayor; etc. contract 4. (Title Only) Adoption Re: Second 94-3765, amending Article reading of proposed taining to IX of the Zoning Ordinance No. residentially nonconforming zoned uses of Code per- the date by which districts; extending structures in all tures shall be certain by five years converted to terminated nonconforming or the uses of a structure struc- the residentially building zoned designed for a use altered and making findings as to the district in which it permitted is in (Title Only) need for said extension; located; etc. 5. Adoption Re: Second 94-3773, providing for reading the of proposed located at 935 Citrus designation of Ordinance the No. Riegel Cottage, as a Avenue, historically known structure as pursuant to the Historic structure of historic the City of Sarasota; etc. Preservation significance 03, Mikki Hartig) (Title Only) (Petition Ordinance No. of the 94-HD- 6. Adoption Re: Second 94-3783, providing for reading the of proposed Ordinance Zone District, Sarasota conditional rezoning from No. CG District, City of Sarasota County Zoning to ez Zene described as follows: Lot 6, Zoning Block on the real property division Unit 3, as recorded in B, South Gate Sub- the Public Records of Sarasota Plat Book 7, Page 91, of parcel known as City Electric County, Florida; said street address of 2239 Bee Ridge Supply Company, with a described herein; etc. (Title Only) Road; more particularly Book 36 Page 10394 04/18/94 6:00 P.M. Book 36 Page 10395 04/18/94 6:00 P.M. 7. Adoption Re: Second reading of 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) On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve Consent Agenda No. 2, Item Nos. 1 through 7 inclusive. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 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. 8. PUBLIC HEARING RE: 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) PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0880) through (1369) V. Peter Schneider, Deputy City Manager, stated that proposed Ordinance No. 94-3786 creates a mandatory recycling program in the City of Sarasota for residential, multi-family, and commercial recycling and expands the City's list of recyclable materials to include the following five items: corrugated cardboard, high-grade paper, mixed paper, magazines, and steel jar lids; that including yard waste, the City's list will contain 14 items; that the proposed ordinance has an implementation date of July 1, 1994; that the Administration's recommendation is to move the implementation date of the program back until October 1, 1994, which would allow the County time to establish next year's tipping fee and give the City time to incorporate that fee into the city's rate schedule so that only one rate change or service reduction will occur. Vice Mayor Merrill left the Commission Chambers at 6:32 p.m. Commissioner Atkins asked if the 14 items to be collected by the City are the same items collected by the County? Mr. Schneider stated that the County collects three additional items: plastic bags, styrofoam, and aluminum foil. Commissioner Atkins asked how the public will be notified of the mandatory recycling program? Mr. Schneider stated that an intensive public education program will include newspaper advertising and inserts in the recycling bills. City Manager Sollenberger stated that the Administration's recommendation is to pass Ordinance No. 94-3786 as presented with the October 1, 1994, effective date. Mayor Patterson opened the public hearing. The following individuals came before the Commission: Linda R. Wolfe, P.O. Box 1776, stated that she operates her court reporting firm's Sarasota office in the Bank of Boston building; that the Bank of Boston building does not have a recycling program; that she supports a mandatory recycling program in the City of Sarasota; and requested that the program be implemented in July, as scheduled, with penalties and enforcement. Leah Wilcox, 1312 S. Orange Avenue, stated that she has been a resident of Sarasota County for 20 years and has been recycling the entire time; that the Commission should take this opportunity to demonstrate leadership by beginning recycling July 1, 1994, as planned; that a price has been given for recycling and the plan should be put into operation; that the glitches can be worked out before the (winter residents) return if the plan is in operation during the summer months; that the County will not know what the increase in the tipping fee will be until August; that the tipping fees are not related to recycling, they are related to trash; that she finds it annoying to have to take her styrofoam, mixed high- quality paper, and cardboard to friends' homes in the County to recycle; and that she looks forward to be able to put more recyclable materials on the curb. Book 36 Page 10396 04/18/94 6:00 P.M. Book 36 Page 10397 04/18/94 6:00 P.M. Commissioner Cardamone asked Mr. Schneider for clarification of the conflicting statements made by Ms. Wilcox regarding the tipping fees. Mr. Schneider stated that the tipping fees are not related to recycling; that there is an (increased) cost for recycling and there will be an increased cost for the tipping fee; that the Administration's recommendation is to implement either a rate adjustment or service reduction for recycling at one time; that the Administration plans to incorporate both costs into the entire solid waste cost bill. Ms. Wilcox stated that people understand that recycling is important; that it is insulting to the citizens of Sarasota to say that they can't differentiate between the cost of solid waste disposal and recycling. Mayor Patterson stated that the City of Sarasota (started its recycling program) prior to the County's program without requiring a referendum as did the County; that the City was hesitant to change its recycling program because of the 20 year contract the City had signed with its hauler, Browning-Ferris Industries (BFI); i that the City's ability to renegotiate that contract at a reasonable rate for its citizens delayed the expansion of the City's program while the County implemented a more extensive program. Mayor Patterson stated that it is difficult for people to differentiate the costs of (solid waste disposal and recycling) since only one bill is being received; and that she supports the Administration's recommendation although the sentiment at the Commission table is to recycle as much and as soon as possible. There was no one else who wished to speak, and Mayor Patterson closed the public hearing. Commissioner Cardamone referred to the April 13, 1994, memorandum (Subject: Implementation of Mandatory Recycling Program) and asked for clarification of "through a service reduction. I Mr. Schneider stated that the primary service reduction would be reducing two weekly collections to one weekly collection. Mayor Patterson stated that (the service reduction or rate increase) will require a Commission vote at the appropriate time. City Auditor and Clerk Robinson read proposed Ordinance No. 94-3786 by title only. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to (pass proposed Ordinance No. 94-3786 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; Pillot, yes; Patterson, yes. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3791, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1744 SOUTH DRIVE, HISTORICALLY KNOWN AS THE MCKAIG HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 94-HD-11, MIKKI HARTIG) - PASSED ON FIRST READING (AGENDA ITEM IV-2) AND 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3794, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 741 SOUTH ORANGE AVENUE, HISTORICALLY KNOWN AS THE DAISY WILLIAMS HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HIS- TORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 94-HD-15, MIKKI HARTIG) = PASSED ON FIRST READING (AGENDA ITEM IV-3) AND 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3795, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1841 HIBISCUS STREET, HISTORICALLY KNOWN AS THE JAMES & ADA BAKER WINTER HOME, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 94-HD-16, MIKKI HARTIG) = PASSED ON FIRST READING (AGENDA ITEM IV-4) AND 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3796, PROVIDING FOR THE DESIGNATION OF A HISTORIC DISTRICT TO BE KNOWN AS THE "MAZIE LUZIER BUNGALOWS" PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; SAID DISTRICT TO BE LOCATED AT 1122 AND 1130 POMELO AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE CLASSIPICATION OF THE STRUCTURES WITHIN SAID DISTRICT AS CONTRIBUTING OR NONCONTRIBUTINGI SETTING FORTH CRITERIA FOR THE REVIEW OF NEW CONSTRUCTION WITHIN SAID DISTRICT; ETC. (TITLE ONLX(PETITION NO. 94-HDD- 01, MIKKI HARTIG) - PASSED ON FIRST READING (AGENDA ITEM IV-5) #1 (1369) through (1585) Mike Taylor, Deputy Director of Planning and Development, came before the Commission and asked if the Commission would like the introduction to each of the four historic designations given at one time? Book 36 Page 10398 04/18/94 6:00 P.M. Book 36 Page 10399 04/18/94 6:00 P.M. Mayor Patterson stated that there was a consensus of the Commission to hear the introduction on the four historic designation ordinances at one time. Mayor Patterson asked City Auditor and Clerk Robinson if it would be appropriate to open the public hearing on all four ordinances simultaneously? Mr. Robinson responded yes. Photographs of the properties to be historically designated were shown on the overhead projector. Mike Taylor, Deputy Director of Planning and Development, stated that proposed Ordinance No. 94-3791 provides for the designation of the structures (house and garage) located at 1744 South Drive, historically known as the McKaig House; that the Historic Preservation Board, at its meeting dated February 8, 1994, recommended (5-0) approval to the City Commission based on Criteria "C", "D", and "E", Section 15-14 of the Zoning Code. Mr. Taylor stated that proposed Ordinance No. 94-3794 provides for the designation of the structure located at 741 South Orange Avenue, historically known as the Daisy Williams House; that the Historic Preservation Board, at its meeting dated March 8, 1994, recommended (7-0) approval to the City Commission based on Criteria "D", Section 15-14 of the Zoning Code. Mr. Taylor stated that proposed Ordinance No. 94-3795 provides for the designation of the structure located at 1841 Hibiscus Street, historically known as the James & Ada Baker Winter Home; that the Historic Preservation Board, at its meeting dated March 8, 1994, recommended (7-0) approval to the City Commission based on Criteria "A" and "D", Section 15-14 of the Zoning Code. Mr. Taylor stated that proposed Ordinance No. 94-3796 provides for the designation of a historic district, including only the main structures to be known as the "Mazie Luzier Bungalows" located at 1122 and 1130 Pomelo Avenue; that the Historic Preservation, at its meeting dated February 8, 1994, recommended (4-0), (1) abstained approval to the City Commission based on Criteria "B" and "C", Section 15-14 of the Zoning Code. City Manager Sollenberger stated that the Administration recommends approval of all four ordinances. 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 Nos. 94-3791, 94-3794, 94-3795, and 94-3796 by title only. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to (pass proposed Ordinance Nos. 94-3791, 94-3794, 94-3795, and 94-3796 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; Pillot, yes; Patterson, yes. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3797, PERTAINING TO COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHT-OF- WAY; AMENDING SEC. 6-28, SARASOTA CITY CODE, sO AS TO PROVIDE THAT A VENDING PERMIT SHALL IDENTIFY THE VENDING SITE TO WHICH IT PERTAINS; PROHIBITING VENDORS FROM TRANSFERRING VENDING PERMITS OR VENDING SITES; SPECIFYING A PROCEDURE FOR ANNUAL RENEWAL OF VENDING PERMITS TO INCLUDE THE RETENTION OF VENDING SITES WHEN A RENEWAL APPLICATION IS MADE ON A TIMELY BASIS: SETTING FORTH PROCEDURES ALLOWING A VENDOR TO TEMPORARILY INTERRUPT THE CONDUCT OF BUSINESS AT A VENDING SITE WITH ADVANCE NOTICE TO THE CITY MANAGER; STATING CONDITIONS UNDER WHICH A VENDING SITE SHALL BE DEEMED ABANDONED; REPEALING ORDINANCES IN ÇONFLICT; ETC. - PASSED ON FIRST READING (TITLE ONLY) #1 (1586) through (1670) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that this proposed ordinance pertains to commercial vending on public property and public right-of-ways; that last fall a vendor had tried to sell two hot dog cart vending sites for $25,000; that this was brought to Commission's attention by a person interested in occupying one of those vending sites; that the Administration proposed an ordinance which eliminated the 500-foot distance requirement; however, The Downtown Association and the interested vendors felt that the requirement was importanti that the Commission had directed the Administration to work with the Downtown Association and the vendors to develop (an equitable) ordinance; that proposed Ordinance No. 94-3797 is a result of those efforts which includes a fixed term to terminate (the vending permit) for non-occupancy. City Manager Sollenberger stated that the Administration's recommendation is to pass this proposed ordinance on first reading. Mayor Patterson opened the public hearing. Nick Trovato, representing Pineapple Hot Dog at Five Points, and Jeff Pincus, representing Hot Dog Vending, came before the Commission. Mr. Trovato stated that being involved in many hours of the development of this ordinance, he feels that the proposed ordinance will work out great. Mr. Pincus stated that he concurred. Book 36 Page 10400 04/18/94 6:00 P.M. Book 36 Page 10401 04/18/94 6:00 P.M. There was no one else who wished to speak, and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 94-3797 by title only. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to (pass proposed Ordinance No. 94-3797 on first reading). Commissioner Cardamone stated that involving the people who are participating in the problem daily and can see the solution is an excellent way to work; that she is pleased that the vendor for whom a permit has been issued at a specific site will have preference in the renewal of that site for future years. 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; Pillot, yes; Patterson, yes. 14. SCHEDULED PRESENTATIONS (AGENDA ITEM V) There were no scheduled presentations. 15. CITIZENS' INPUT - CHANGE TO THE ORDERS OF THE DAY TO ADD AN ITEM FOR APPROVAL OF THE ENGINEERING SERVICES WITH TAMPA BAY ENGINEERING (AGENDA ITEM VI) #1 (1700) through (2800) Vice Mayor Merrill returned to the Commission Chambers at 6:35 p.m. Dan Bailey, Attorney, representing Sarasota County School Board, came before the Commission and stated that an Interlocal Agreement was approved in November 1993 by the City Commission, School Board, and County Commission and was executed in December 1993; that he is appearing before the Commission regarding the traffic study and the hiring of a consultant to perform a traffic study for which the fees are the responsibility of the School Board; that the traffic study was part of the Interlocal Agreement in connection with the consolidated campus of Sarasota High School (SHS), the former Sarasota Middle School site, and Alta Vista Elementary School. Mr. Bailey stated that on April 4, 1994, the day before the School Board approved the consultant and the fee for the traffic study, the Commission deferred (approval of the consultant) based upon concerns over the scope and cost of the work of the study; that the Commission directed City Staff to reexamine the scope in response to which the School Board received from Dennis Daughters, Director of Engineering/City Engineer, a document which amended the scope and reduced the study area by deleting an area between Wood Street and Fruitville Road and an area between Euclid Avenue and Tuttle Avenue; that use of a Neighborhood Advisory Committee was also deleted; that the document held the School Board to compliance with concurrency, and referring to the possible pedestrian conflicts which may result from students crossing School Avenue to change classes. Mr. Bailey stated that Dr. Charles Fowler, Superintendent of Sarasota County Schools has asked him to express the concerns of the School Board officials over the deferral of this matter by the City Commission; that the Interlocal Agreement was a three-party agreement; that the scope, whether it may have been overly broad at the time, was approved last November after an 11-month process; that necessary traffic counts must be conducted before school is recessed in late May; that the Southwest Florida Water Management District (SWFWMD) permits for the SHS/Alta Vista site may be jeopardized if the study is not proceeded with and the traffic counts are not completed to enable the School Board to properly design the site; that the process for the study was agreed upon by all three parties after public hearing; that the Request for Proposals (RFPs) have been sent out; that the traffic consultant has been selected; that the Neighborhood Advisory Committee members have been identified; and that "the train has gone too far down the track to backup at this point without causing some prejudice to the School Board's Capital Project. " Mr. Bailey stated that the School Board is grateful that the Commission is concerned about the School Board expending unnecessary funds; however, this study will cost approximately the same as the Booker (High) School project which was a highly successful project; that the School Board is prepared to go forward with the traffic study and cannot afford to suffer any further delays; that the School Board urges the City Commission to approve the traffic study proposal. Vice Mayor Merrill stated that he had been discussing this issue with Mr. Bailey outside of the Commission Chambers in an effort to understand the School Board's pressure points; that the scope of the study was determined without a budget; that the proposed traffic study is a $100,000 study; that the $100,000 could be used to furnish classrooms with computers and other classroom equipment for the new schools being built (at the SHS/Alta Vista campus) i that his concern is not whether the School Board is spending (taxpayer) dollars wisely, but if the City Commission is mandating that the School Board spend these dollars; that the Commission's position on mandating the School Board to spend $100,000 for a traffic study was stated at the April 4, 1994, meeting; that the Commission had concerns regarding the scope of services mandated and are willing to reduce the scope of services; that the Commission does not want to mandate the School Board to spend $100,000 for a traffic study. Vice Mayor Merrill continued that it is the School Board's decision whether to spend the money; that the Book 36 Page 10402 04/18/94 6:00 P.M. Book 36 Page 10403 04/18/94 6:00 P.M. School Board is stating that it wants to keep the same scope of services; that the Commission does not want to delay the School Board's progress on the SHS/Alta Vista campus; however, he does not think that the Booker High School Study contains much substance (for the associated cost). Vice Mayor Merrill referred to the issue relating to closing School Avenue and stated that the Commission's position taken at a previous meeting was in opposition to closing of School Avenue; that there is also overwhelming opposition by surrounding neighborhoods; that he would feel better about approving the proposal if (funds were not being expended) to study the possibility of closing School Avenue. Mr. Bailey stated that the proposal presented to the Commission on April 4th was not $100,000, but $68,000; that the decision the City Commission is attempting to thrust over to the School Board was made by the School Board, the County and the City Commissions last November; that the delay is the only issue for the School Board; that the time involved in amending the Interlocal Agreement to reduce the scope (of services) and having all three parties again participate in a process which took 11 months initially to complete will cause delay to School Board's Capital project, traffic counts, and site and development plan. Mr. Bailey continued in response to Vice Mayor Merrill's comment on the closing of School Avenue by stating that some analysis must be performed to deal with 2,000 students changing classes across School Avenue; however, he has not heard anything about closing School Avenue. Commissioner Pillot stated that Mr. Bailey has clearly explained the position of the School Board; that the School Board wishes to perform the traffic study as proposed; that the Commission should proceed (and approve the proposal). Commissioner Pillot continued that the City Commission went on public record more than once stating that School Avenue would not be closed and that traffic should be rerouted to Shade Avenue; that he had a positive discussion, of a personal nature, with the Superintendent, regarding the possible realignment of School Avenue to the east, as far to the west as feasible from the former Sarasota Middle School without merging it into Shade Avenue; that realignment could be an option if appropriate approvals could be secured subsequent to the engineering studies. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the Interlocal Agreement as currently written. City Attorney Taylor stated that this item is not on the Commission's agenda tonight; that the official action requested by the Administration at the last Commission meeting was to approve the agreement for consulting services with Tampa Bay Engineering, Incorporated and to authorize the Mayor and the City Auditor and Clerk to execute the agreement; that procedurally a Change in the Orders of the Day should be moved to include the item on the agenda before being processed. The motion was withdrawn by the maker of the seconder of the motion. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to Change the Orders of the Day to permit action on (the traffic study proposal submitted by Tampa Bay Engineering, Inc). Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 16. 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 = APPROVED (FOR FURTHER DISCUSSION SEE PREVIOUS CITIZEN'S INPUT ITEM) #1 (2000) through (2481) On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to (approve the agreement for consulting services with Tampa Bay Engineering and to authorize the Mayor and the City Auditor and Clerk to execute the agreement). Vice Mayor Merrill stated that the effect of realigning School Avenue to the east would create two turns having the same effect as placing two speed humps on School Avenue; that 90-degree turns require public safety vehicles to reduce travel to a speed of 10 MPH which is approximately the same speed reduction required for travel over speed humps; that leaving School Avenue at its present alignment to act as a feeder line to the neighborhoods (accessed by Shade Avenue) was a public safety issue he had brought up during the discussion prior to the vote on the Shade Avenue speed humps; that any adjustments to the location of School Avenue will affect public safety and should be avoided. Commissioner Cardamone stated that public safety and pedestrian safety will be addressed in the Tampa Bay Engineering traffic study. Commissioner Cardamone continued that the Commission's intent at the last meeting was not to have the City rewrite a new scope of services for the traffic study; that the cost of the study and possible ways to limit the cost were the Commission's concern. Mayor Patterson stated that the minutes of the meeting do not reflect a motion to change the scope of services; that the motion was to refer the item back to the Administration to determine if the study could be completed less expensively. Commissioner Pillot stated in reference to Vice Mayor Merrill comments that 1) he did say subject to engineering studies which Book 36 Page 10404 04/18/94 6:00 P.M. Book 36 Page 10405 04/18/94 6:00 P.M. would address the public safety concerns, 2) that the (realignment) would not necessarily require 90-degree turns, and 3) at least if an emergency vehicle did have to slow down, (emergency personnel) would not be "bumped. 1 Commissioner Pillot continued that the public safety issue of hundreds of students grades 9 through 12 crossing School Avenue approximately six times per day must be addressed; that the hazard of those young people crossing (east to west) that many times a day with their exuberance and lack of caution may constitute a far greater hazard than any realignment of School Avenue. Mayor Patterson stated that those children, hazard or no hazard, will also affect the traffic flow. Vice Mayor Merrill stated that the main focus of the traffic study should be on getting young people across School Avenue safely; that the engineering monies should not be focused on traffic impact or realignment of School Avenue, but on the right solutions to get the students from the east to west side of School Avenue safely; that a walkover bridge or raised speed table should be considered. Commissioner Cardamone stated that she wants all the options reflected in the traffic study with the best interests of the students and the neighborhoods included; that the purpose of the study must include more than getting children across School Avenue. Mayor Patterson called for the vote on the motion to approve the engineering study with the original scope of services as presented at the April 4th Commission meeting under Consent Agenda No. 2. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, no; Pillot, yes; Patterson, yes. 17. CITIZEN'S INPUT CONTINUED - ADMINISTRATION TO MEET WITH MS. SAMUEL REGARDING A PROPERTY LIEN AND REPORT BACK TO THE COMMISSION (AGENDA ITEM VI) #1 (2841) through (3000) Onie Samuel, 2819 Maple Street, and Di Williams, P.O. Box 9215, came before the Commission. Ms. Samuel stated that she is before the Commission regarding a loan she acquired through Community Development; that she had sent two letters to Don Hadsell, Community Development Director, regarding her loan; that the letter received from Mr. Hadsell was not in response to her questions and requests; therefore, she is before the Commission to request that she be relieved of the remaining four-year lien imposed on her property. Ms. Samuel continued that the interior work performed on her property was initially inferior and was never completed; that Mr. Hadsell's response was in reference to sink holes and cracks which occurred after the work that initiated the lien was performed on her property; that her main question is, "how can this be allowed to remain"; that she is charged with a 15-year lien, the work was not completed, a letter was sent in 1983 stating such, numerous phone calls were made to notify the City, and the final draft was never signed. Mayor Patterson stated that the most appropriate way to address this situation would be to refer it to the City Manager for review. City Manager Sollenberger stated that he will meet with Ms. Samuel and Mr. Hadsell and report back to the Commission. Commissioner Atkins requested that Agenda Item VII-3 regarding the Juneteenth Celebration be moved to the last item of the Unfinished Business portion of the Agenda to allow additional time for the party directly concerned with the item to arrive. Mayor Patterson stated that there was a consensus of the Commission to postpone Agenda Item VII-3 if necessary. 18. UNFINISHED BUSINESS: REPORT RE: RINGLING CAUSEWAY BRIDGE DESIGN = ADMINISTRATION TO RECEIVE MONTHLY PROGRESS REPORTS FROM THE FDOT: COMMISSION TO RECEIVE PROGRESS REPORTS FREQUENTLY BY THE ADMINISTRATION AND PERIODICALLY BY THE FDOT AND THE AESTHETIC TASK TEAM (AGENDA ITEM VII-1) #1 (3110) through #2 (0194) Gerald E. Carrigan, District Director of Production, Florida Department of Transportation (FDOT), came before the Commission and stated that the FDOT has recently completed its Project Development and Environmental (PD&E) study for the Ringling Causeway replacement bridge; that final approval on the project from the Federal Highway Administration which makes the project eligible for Federal funds was received last month; that the district has retained the services of Kunde, Sprecher & Associates, Inc., as a consultant for the FDOT on the design of the bridge project; that the design is in the preliminary stages; that the project is at 15% which includes completion of the survey and the plotting of the existing topographic information and cross sections; that the hard design for the bridge replacement is just beginning. Mr. Carrigan continued that the Commission expressed concern in a recent letter that the design was too far along for consideration of the aesthetic components; that this is not the case; that the FDOT executed a supplemental agreement to its contract with Kunde, Sprecher & Associates on March 23rd to bring on the architect who will be providing the aesthetic package for review by the Aesthetic Task Team; that concepts will be developed within the next 3-4 weeks for presentation to the Aesthetics Task Team. Mr. Carrigan referred to the second concern of the Commission referenced in the letter which related to access to Saprito Pier Book 36 Page 10406 04/18/94 6:00 P.M. Book 36 Page 10407 04/18/94 6:00 P.M. and Hart's Landing, and stated that the FDOT understands the City's position is vehemently opposed to the directional (median) that was proposed in one of the original concepts and is concerned with the lack of vehicular access to the Saprito Pier; that the FDOT understands that the Commission desires to maintain the one-way circulation path which currently exists and also desires to provide continuity for the pedway option; that conceptual information has been discussed with Kunde, Sprecher representatives to provide a 16 foot combination ramp/circulation system with a one-way route and a 4-foot pedestrian wayi that the concept involves widening the proposed 8-foot maintenance road and may cause additional sea-grass impacts in one portion of the project; however, extending the structure approximately 200 feet should result in a zero net impact increase on the sea grass; that the concept will have to be approved by the Florida Department of Environmental Protection. Mr. Carrigan stated that traditionally, the FDOT coordinates at the 30%, 60% and 90% review levels of a project; that a City representative could attend the FDOT monthly progress meetings if the Commission's desire is to have more contact; that monthly progress meeting minutes sent to the Engineering Department and periodic updates to the Commission can also be provided; that the FDOT is 3 months into a 21-month design contract; and that the FDOT is ready to move forward with the Aesthetic Task Team as soon as the City is ready. Commissioner Pillot asked if the tentative arrangement mentioned would permit westbound vehicular traffic to go under (the bridge) and access Hart's Landing without making a left-turn across traffic? Mr. Carrigan stated that is correct; that the concept is similar to the system that currently exists. Mayor Patterson stated that there was a consensus of the Commission to receive monthly updates from the FDOT regarding the Ringling Causeway Bridge Replacement project. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that reports frequently should be made to the Commission by the Engineering Department with periodic reports from the FDOT Staff and/or consultants, and the Aesthetic Task Team. Vice Mayor Merrill asked how the Aesthetic Task Team will be incorporated in the FDOT process? Mr. Carrigan stated that the architect from Kunde, Sprecher & Associates will be the lead individual assigned to coordinate with the appointed task team; that the FDOT will rely on the architect's expertise to develop concepts; that the concepts will be developed as options and presented to the task team for input and reaction; that the FDOT would like to have the aesthetics package completed by late summer. Vice Mayor Merrill asked what the width of the sidewalks going over the bridge will be? Mr. Carrigan stated that the (bridge) structure has 6-foot (wide) sidewalks in addition to a bicycle lane accommodation; that the structure has two 12-foot travel lanes with 10 feet on the outside and 10 feet on the inside, of which 5 feet is a designated bike path and the other 5 feet is a shoulder also available to a bicyclist; that a 6-foot sidewalk is greater than the FDOT's normal standard of 5-feet. Vice Mayor Merrill stated that many of the bicyclists who currently travel this route that connects downtown with the beach would not be willing to ride in high speed heavy traffic and would prefer a wider trail on the edge; that a 5% grade can cause a bicyclist or roller bladers to lose control; that consideration should be given to making the 6-foot sidewalk 12 feet; and that placing a platform as a viewing destination and/or a water fountain at the top of the bridge should also be considered. Mayor Patterson stated that cars need access to Hart's Landing to fish or to get bait from that area; however, the residents of Golden Gate Point have been increasingly complaining about the jet skiing and boats that launch from (the Saprito Pier/Hart's Landing) area; that ample boat trailer launching facilities are located on City Island and at Centennial Park; that she is pushing for vehicular access to the (Hart's Landing/Saprito Pier) area, but not necessarily generous enough to accommodate the trailer towing traffic. Commissioner Cardamone stated that the Commission and citizens of Sarasota want to be seriously involved in decisions made concerning the replacement bridge. 19. UNFINISHED BUSINESS: REPORT RE: STATUS OF TRAFFIC SIGNAL SYNCHRONIZATION (AGENDA ITEM VII-2) #2 (0195) through (0588) J. R. Lovell, P.E., Florida Department of Transportation (FDOT), I came before the Commission and stated that numerous problems have occurred with the traffic signal synchronization project; that implementation of the timings on the major arterials: US 41, US 301, and Fruitville Road will begin on Thursday, (April 21, 1994); that time-base timings will be implemented; that the timings will not be connected to the computer system at this time; however, they will be synchronized timings which will improve the flow of traffic on those arterials; that all of the cable will be tested and completed and the software will be installed on the central computer system during the two weeks of implementation; that the contractor will begin to bring the traffic signal systems on line Book 36 Page 10408 04/18/94 6:00 P.M. Book 36 Page 10409 04/18/94 6:00 P.M. with the central computer within three weeks which will take approximately 30 days to complete; that in the next two weeks changes along the major arterials should be noticeable; that more significant progress will be noticed in the following two weeks. Mr. Lovell stated that the temporary timings initially installed will have three timing patterns: a.m. peak, p.m. peak, and off- peak hours; that seven timing systems will be used daily when the traffic signal systems are brought on line with the central computer system; that the central computer system should be "turned over" to the City of Sarasota for utilization within 8 to 12 weeks. Vice Mayor Merrill stated that Manatee County's system is on-line and operating and experienced problems when the system first went on-line; and asked for an explanation of how the system works? Mr. Lovell stated that the major movement of traffic is coordinated; that the goal is to move the most amount of traffic along the major arterials in the least amount of time; that most complaints are lodged by travelers on the side streets; that the vehicles travelling on side streets have to wait longer once the central computer system is implemented; that problems and glitches of the system will have to be worked out once the system is on-line and operating. Vice Mayor Merrill asked if the maximum "red" time is two minutes for a vehicle approaching the major arterial from a side street? Mr. Lovell stated that the maximum "green" time, "red" time, and "yellow" time is determined on the major arterial traffic signals based on the volume of traffic; that the traffic signals are timed accordingly; that all of the traffic signals in succession must have the same cycle length to create synchronization. Vice Mayor Merrill asked if the cycle times change? Mr. Lovell stated that the cycle time changes are based on the time of day; that the side streets are actuated; that the "green" time allotted to the side streets is dependent upon the volume of approaching traffic. Vice Mayor Merrill asked what the maximum amount of time a vehicle would have to wait on a side street? Mr. Lovell stated that the maximum cycle length for the project is 160 seconds; that the "green" time on the major arterial would be approximately 80% of 160 seconds; that the side street traffic could wait 2 minutes; that the timings are established based on the volume of traffic; that typically the "green" time allotted if 40% of the traffic is on the side street and 60% is on the major arterial would be 60/40. Commissioner Cardamone stated that the end result could improve the neighborhood traffic concerns. Commissioner Cardamone asked if "smart lights" will be incorporated into the system so that the signals do not react to timings if no cars are waiting on the side streets? Mr. Lovell stated that the traffic signals will not be actuated if no vehicles are waiting on the side streets. Commissioner Cardamone asked if the City of Sarasota will have the capability to override the computer system for situations such as events occurring at the Van Wezel or the Ed Smith Stadium? Mr. Lovell stated that the computer system will have the capability for special events; that programming the special timing plan of the traffic signals can be done from the central computer site. Commissioner Atkins asked if the City of Sarasota's computer system will be similar to what was installed in Gainesville, Florida, or if it will be an improved system? Mr. Lovell stated that both systems are closed-loop systems; that many improvements have been made to the system over the years; therefore, the City of Sarasota system should be an advancement over what was installed in Gainesville. 20. UNFINISHED BUSINESS: DISCUSSION RE: IN-KIND SERVICES FOR THE JUNETEENTH CELEBRATION - THE TOTAL PUBLIC SAFETY PERSONNEL NECESSARY BE DETERMINED BY PROFESSIONAL CITY STAFF; AS MUCH OF THE TOTAL PUBLIC SAFETY PERSONNEL DETERMINED THAT THE ADMINISTRATION. FEELS CAN BE ON-DUTY, BE PROVIDED ON-DUTY, BUT ANY NECESSARY ADDITIONAL SERVICE BE PAID FOR BY THE ORGANIZER: AND THE PERMIT BE ISSUED TO A REPUTABLE CIVIC ORGANIZATION CONSISTENT WITH THE CHIEF OF POLICE'S RECOMMENDATION (AGENDA ITEM VII-3) #2 (0592) through (1975) City Manager Sollenberger stated that Sister Jennifer "X" had requested in-kind services from the City for this year's Juneteenth celebration at the Commission's FY 94/95 Public Input Budget Workshop on March 1, 1994; that no funds have been appropriated in the current (FY 93/94) budget for this activity; that Staff met with Sister Jennifer "X" on March 17, 1994, to discuss the event to be held June 17-19, 1994; that the size and duration of the event will be the same as last year; that an appropriation of $9,555 will be necessary if the Commission decides to provide in-kind services; however, a recommendation not to issue a permit for the Juneteenth Celebration has been received from Gordon Jolly, Chief of Public Safety Police Services Bureau; that Police Chief Jolly has listed a series of reasons for his recommendation in his memorandum dated April 13, 1994, which has been submitted to the Commission. (A copy is on file in the Office of the City Auditor and Clerk). Book 36 Page 10410 04/18/94 6:00 P.M. Book 36 Page 10411 04/18/94 6:00 P.M. Kimakra Nikumba, and Sister Jennifer "K", representing Juneteenth Staff and Celebration, came before the Commission. Ms. Nikumba stated that no violence or discord occurred at last year's Juneteenth Celebration; that the residents of Newtown are aware of the atrocity and technicality placed upon that community; however, Police Chief Gordon Jolly has come to his resolutions in haste and instability; that the first annual Juneteenth Celebration was not only an avenue to entrepreneurship, but a pathway to self- esteem through celebrating freedom; that no crime was recorded during the three day event; therefore, she requests that the traffic control, security, manpower, and cost estimate be based on the level of service provided by the 50% of manpower remaining on- duty at the Community Resource Center. Ms. Nikumba continued that many of the statements included in Chief Jolly's memorandum are not true; that she and her mother, Sister Jennifer "X" personally along with other volunteers manned the barricades throughout the event last year. Sister Jennifer "X" stated that the Juneteenth Celebration is a time when the event of slavery is remembered in hopes that all will remember this holocaust and never let it happen again; that the national celebration is successful due to the vendor participation; that the $25.00 fee is charged to offset the cost not covered by in-kind services; that there must be economic reform; that she hopes the Commission recognizes the need for a community to come together in piece, harmony, and love in order to uplift the quality of life for its residents and to overall enhance the character and perception of the oldest and best loved of communities in this area; that the lack of public or personal problems during the Juneteenth event last year were duly noted; that the people demonstrated that thère was no need for the costly supervision proposed by the Public Safety Departmenti; that the people of Newtown possessed and demonstrated a self-control rarely witnessed during similar events; that there should be no concern at this time or for future events; that the celebration should not be denied due to a lack of Public Safety Department presencei that the pursuit of happiness is a God given right, and should not be taken away; that the massive police presence can and should be reduced to save taxpayer dollars; that the people of Newtown and the Juneteenth Staff pray that the Commission find it in their hearts to perceive the need for this independence day celebration. Commissioner Pillot asked what quantity of police services are used and how the services for other public events comparable to the Juneteenth Celebration are paid for? City Manager Sollenberger stated the City has paid for the in-kind services for the Offshore Grand Prix Races in the past; however, this year the City has declined to pay for any overtime (for in- kind services at the event); that on-duty time has been allocated to the extent that on-duty time is available to support the activities of the Offshore Races and other activities scheduled in the downtown area. Commissioner Pillot stated that any decision made on the Juneteenth Celebration should be consistent with decisions made for other organizations. Police Chief Jolly came before the Commission and stated that the recommendations for staffing levels are made based on the assessed public safety need; that sufficient traffic control must be maintained for the safety of the pedestrians during the event; that on-foot patrol is also necessaryi that the decisions of in-kind services for an event are made by the City Commission; that in-kind services for some events are paid by the City, but payment for police services from the organizer is required for other events. Commissioner Pillot stated that he supports the celebration from his understanding of its importance which has been well documented. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to 1) go on record as approving the Juneteenth Celebration, 2) that the number of Public Safety personnel in total be determined by the professional City Administration, 3) as much of the total Public Safety personnel as the Administration determines can be on-duty, be provided on-duty, but any necessary additional service be paid for by the organizer; and 4) that the permit be issued consistent with the recommendation of the Chief of Police ("that this event not be issued a permit by the City unless it is sponsored by a reputable civic organization such as the Newtown Business Association.") Commissioner Atkins stated that he finds the recommending statement made by Police Chief Jolly offensive and condescending; that the African American Business Association was the sponsor of last year's Juneteenth Celebration; that the letter from the Police Benevolent Association (PBA) is also offensive; that the PBA personnel do not choose their assignments, their duties are assigned by the Police Chief; that the Police Chief works under the Public Safety Director who works under the City Manager who is directed by the Commission; that the information from the PBA and Police Chief was not brought before the Commission properly; that the Police Department and the African American Business Association should have met before this information was presented to the Commission; that this proceeding is a public embarrassment to the community and everyone who did what was requested of them last year; that 100% more police were assigned to the Juneteenth Celebration last year than were necessary, which should be taken into consideration; that Newtown is the designated area in the City of Sarasota for African/Americans; that the community would rather have a freer expression of themselves without the police huddling Book 36 Page 10412 04/18/94 6:00 P.M. Book 36 Page 10413 04/18/94 6:00 P.M. over them; that the two police groups should not be allowed to tell a group how, when, and with whom to have an event. Vice Mayor Merrill referred to clause six of Police Chief Jolly's memorandum which referenced the cursing and derision which publicly occurred by the person who received the permit for the event last year. Vice Mayor Merrill stated that he did not attend last year's Juneteenth Celebration, however he has respect for Police Chief Jolly's judgement and stability; that he is inclined to stand behind Police Chief Jolly's recommendation although he is uncomfortable with dictating to whom the permit should be given. Ms. Nikumba stated that the event is not just for entertainment; that the date is a religious heritage date; that Sister Jennifer X would be in jail if any of the Police Chief's accusations were true; that the special event permit was not submitted in a timely fashion last year because it was the first year of the event; that the requirement to shut down any music at 11:00 p.m. was upheld by turning the loud music off at 10:00 p.m and other music was off at 10:45 p.m.; that volunteers manned the barricades as requested; that more participation was anticipated at the time the request to close US 301 to Osprey Avenue was made; that $1,600 was collected last year from booth fees; and that a record book can be submitted for Commission review of those funds. Commissioner Pillot stated that Police Chief Jolly did not dictate to whom the permit would be issued; that his recommendation stated, "such as the Newtown Business Association." Sister Jennifer "X" stated that this event is being sponsored by the African American Business Association, a legitimate 501(C) (3) Federal non-profit organization; that it seems that the Police Chief has attempted to sabotage the event; that she prays that the Commission will see fit to carry on with the Juneteenth Celebration; that she apologizes if she offended the Public Safety Department in her exuberance of making the Juneteenth Celebration happen last year. Sister Jennifer "X" continued that alcohol is not part of the event; and that the event can be successful with the minimal staff that will suffice and the assistance of the community. Commissioner Pillot stated that the last part of his motion did not exclude the African American Business Association from Mr. Sollenberger's determination. Commissioner Cardamone asked what in-kind services the City provided for Arts Day which was held in downtown Sarasota, the Bayfront Arts Festival which was held for two days in January, and the Art Show sponsored by the Downtown Association which was held in February? Police Chief Jolly stated that he is 99% sure that those events were required to pay for the necessary police services. Mayor Patterson stated that the she is concerned with the allegation presented by the Police Chief and the PBA that Sister Jennifer "X" has expressed a racial bias against people who are not black; that she has read similar expressions by Sister Jennifer "X", herself in the newspaperi; that the effect of the how those feelings may come across to people who are not black should be considered since those people may want to support events to further the economic stability of black businesses and black citizens of the City; that racism of any kind is unproductive and creates poor relations between mutual communities who need to live in harmony. Commissioner Atkins stated that he will support the motion; that he hopes that the City Manager will understand that the African American Business Association is a reputable civic organization; that the Juneteenth Celebration is more than Sister Jennifer "Y"; that he was surprised by the enthusiasm and the magnitude created by the celebration last year; that Sister Jennifer "X" is a high energy person who is special in that community; that she may have in her enthusiasm and vigor pressed some issues such as the unnecessary additional police presence which were offensive to her; that the PBA or Police Chief should not be allowed to castrate this event because of their individual struggle with Sister Jennifer "X". Commissioner Atkins continued that based on the design of the policing activities in the City of Sarasota, many on-duty police officers belong on Dr. Martin Luther King, Jr. Way throughout the day; that a problem of overtime should not be created if all of the people in the community that (the City) believes needs such intense policing are in one place. Mayor Patterson repeated the motion as to follow the recommendations of Police Chief Gordon Jolly to minimize the staffing that is required, to provide regular policing, to ask the organizations involved to pay for the difference between what the Police Department can provide and what the Police Department regards as adequate policing, and to follow the recommendations of the Police Chief that the event be sponsored by a reputable civic organization. Commissioner Pillot stated that the use of the word minimize was not in the motion, nor in the intent of the motion; however, to (have the level of staffing for on-duty personnel and additional off-duty personnel be determined by the judgement of the Police Chief) was intended and included in the motion. Mayor Patterson called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Book 36 Page 10414 04/18/94 6:00 P.M. Book 36 Page 10415 04/18/94 6:00 P.M. 21. UNFINISHED BUSINESS: DISCUSSION RE: GARAGE SALES = PENALTY FOR VIOLATIONS AND ENFORCEMENT OF LAWS OF OPERATION CONSENSUS TO CONCENTRATE ON ENFORCING TWO GARAGE SALES PER YEAR AND TO AMEND THE ORDINANCE TO REFLECT A STARTING TIME OF 7:00 A.M. (AGENDA ITEM VII-4) #2 (1980) through (2274) City Attorney Richard Taylor stated the Commission approved setting for public hearing the ordinance on garage sale restrictions; that the Commission asked that the starting time of the garage sales be amended to 8:00 a.m.; that William Hewes, Director of Building, Zoning, and Code Enforcement, wrote a memorandum expressing enforcement concerns of the proposed ordinance regulating garage sales. City Attorney Taylor continued that he had concerns with what penalties would be used for violation of the ordinance; that jail time may be given if the violation is to be punishable as a City Code violation; that the matter would be handled much the same as a traffic ticket with no jail time given if the violation is declared to be a civil infraction; that he would like the Commission to determine whether to treat violations of Ordinance No. 93-3709 as punishable by imprisonment or alternatively as a civil infraction prior to setting the ordinance for public hearing so that a major revision with attendant re-advertising, etc. will not be required. City Manager Sollenberger stated that in addition to the concerns mentioned by the City Attorney, the Administration was also concerned with penalties for the patrons attending the garage sales; that input from the Commission is being requested. Commissioner Pillot stated that he is opposed to any criminal penalties; that the possibility of a ticket type fine is not abhorred; that public nuisance ordinances exist to enforce any commotion occurring. Commissioner Cardamone stated that the ordinance was developed to limit the people who abuse their neighborhood by having a constant garage sale; that citizens will be notified that there is an avenue to stop the abuse created by a neighbor who has a garage sale every month; that this ordinance should be loosely enforced, placing the burden on the neighbors to call and say they feel abused. Mayor Patterson stated that the enforcement should be concentrated on the portion of the ordinance that limits residents to two garage sales per year; and that an enforcement problem exists for the City by having the garage sales start at 8:00 a.m. There was consensus by the Commission to concentrate on enforcing two garage sales per year and to amend the ordinance to reflect a starting time of 7:00 a.m. 22. UNFINISHED BUSINESS: DISCUSSION RE: PROPOSED ORDINANCE NO. 94-3785, REQUIREMENTS FOR THE ERECTION OF DOCKS AND STRUCTURES AS ACCESSORY USES: ETC. (TITLE ONLY) = REFERRED TO THE PLANNING BOARD (AGENDA ITEM VII-5) #2 (2311) through (2459) On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to (refer the dock ordinance to the Planning Board). Mayor Patterson stated that this ordinance enlarges the percentage that a (dock) can jet out into a canal or bayou from 15% to 20%; that placing a dock on a narrow canal could narrow the passage way for a boat drastically; that she had asked William Hewes, Director of Building, Zoning, and Code Enforcement to research what the County has done relative to canals and bayous. Mr. Hewes came before the Commission and stated that the County does not set exact standards, thereby allowing the appropriate administrator to make a judgement; that the 20% used in the proposed ordinance came from the Florida Administrative Code. Mayor Patterson stated that the ordinance should be changed to reflect a maximum of 20% at the discretion of the Building Department Director. Mr. Hewes stated that no less than a particular amount of feet, such as 60 feet, could be incorporated. Mayor Patterson requested that the issue be brought to the Planning Board's attention for discussion. Mayor Patterson called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson stated that there was a consensus of the Commission to move New Business Item VIII-1 forward on the agenda at this time to accommodate the people who were signed up to speak. 23. NEW BUSINESS: DISCUSSION RE: SIGNS AND BANNERS FOR SKI-A- REES AND MOTE MARINE LABORATORY - DIRECTED THE ADMINISTRATION TO DEVELOP REGULATIONS THAT SPECIFY TIME, PLACEMENT, AND WHO WOULD BE PERMITTED TO PLACE SIGNAGE ON CITY PROPERTY AND RIGHT OF WAYS (AGENDA ITEM VIII-1) #2 (2459) through #3 (0364) City Manager Sollenberger stated that many complaints have been received regarding Mote Marine Laboratory and the Ski-A-Rees signs and banners being placed on the public right-of-ways; that this is currently prohibited by ordinance; however, past practice has been to allow organizations such as Mote Marine Laboratory and the Ski- Book 36 Page 10416 04/18/94 6:00 P.M. Book 36 Page 10417 04/18/94 6:00 P.M. A-Rees to advertise special events; that an amendment to the ordinance will be necessary if the Commission's desire is to continue this practice. William Hewes, Director of Building, Zoning, and Code Enforcement, came before the Commission, and stated that the City has been stringently enforcing the sign ordinance; that an exception to this enforcement has been banners and signs directing people to special events at Mote Marine Laboratory and the Ski-A-Rees; that these organizations have customarily been permitted to advertise in this manner; that Mote Marine and the Ski-A-Rees usually notify the City when they place the banners in the right-of-way; that he has suggested developing an amendment to the ordinance to allow these exceptions for non-profit organizations who meet a developed list of criteria. The following people came before the Commission: Virginia Haley, representing Mote Marine Laboratory, stated that she is the Director of Communications at Mote Marine Laboratory; that the banners play an important role for Mote Marine Laboratory; that the banners are used to advertise and increase attendance at the annual Mote Marine Laboratory Open House at which time the public has an opportunity to view part of Mote Marine Laboratory normally not accessible; that the banners also give warning to the Mote Marine Laboratory neighbors that a major event will be occurring that will draw approximately 6,000 people to the area; that some of the people in the area appreciate that warning; that the banners were removed from the median along John Ringling Boulevard when the St. Armands Association expressed concern; that Mote Marine Laboratory does not want to cause concern for its neighbors and would like to know how the Commission wants this matter enforced. Ms. Haley continued that Mote Marine Laboratory feels that all non-profit organizations in the City should be treated equally. Marlow Cook, 444 N. Washington Drive, presented the Commission with a resolution from the St. Armands Residents Association (A copy is on file in the Office of the City Auditor and Clerk) which stated the following: That the City of Sarasota fully enforce its ordinance as to signs, structure or any other type of advertising placed in the City right-of-way, parkways, and major intersections. That if preference has been shown to particular organizations such preference should stop and the ordinance should be fully enforced according to law. Mr. Cook stated that Mote Marine Laboratory and the Ski-A-Rees are not the only organizations displaying banners; that the Ski-A-Rees tie banners up between trees on the parkway coming onto St. Armands for 13 or 14 straight weeks and place sandwich boards on St. Armands Circle directing traffic to Ken Thompson Park; that St. Armands is a residential community with over 200 residences; that St. Armands should be treated the same as other residential areas in the City; that Mote Marine Laboratory did take down two banners in front of Plymouth Harbor, but relocated them to other right-of- ways; that the Commission should look at banners as a community problem. Mr. Cook continued that a banner advertising the sale of tickets for the John Ringling Towers event which closes off US 41 on May 1st has replaced the Mote Marine Laboratory banner on the right-of-way; that the activities planned for May 1st at the Florida Theatre and the Asolo Center for Performing Arts will be affected by redirecting the traffic for the John Ringling Towers event. Mr. Cook stated that no Mote Marine Laboratory signs were posted on the south side of Gulf of Mexico Drive on Longboat Key although many of the Mote Marine Laboratory Annual Open House attenders came from Longboat Key, Anna Maria Island, and Bradenton; that Mote Marine Laboratory is totally tax-free and received their land from the City of Sarasota and its citizens; that the St. Armands residents feel this City provides enough for this fine facility without having banners flying all over the parkways coming onto St. Armands or anywhere else; that enforcement of the law is being requested. Kevin Winkelmyer, representing Ski-A-Rees, stated that the Ski-A- Rees is an association of 125 members which has been performing free ski shows for the citizens of Sarasota and has tried to help promote tourism in the City of Sarasota for the past 35 years; that the City has donated land to the Ski-A-Rees on City Island and in turn the Ski-A-Rees perform free ski shows similar to what are performed at Cypress Gardens and Sea World; that the winter ski show season consists of 10 shows performed on Sundays at 2:00 p.m. and a summer season which consists of 8 shows on Saturdays at 5:30 p.m. during June and July; that the only source of income for the Ski-A-Rees comes from the sale of advertising space in the program booklet and from donations; that the Ski-A-Rees are involved in the community and work with the Special Olympics, Easter Seals children, Boys & Girls Club members, the Sheriff's Ranch in Manatee County, Boys and Girl Scouts, and others; that the banners are put up on Friday evening and taken down Sunday evening after the shows; that the 1,000 to 1,200 attendees of the winter ski-shows and the 400 to 500 attendees of the summer shows would not know to come to the ski-shows without the banners. Mr. Winkelmyer stated that the Sarasota Ski-A-Rees are Florida State Water Ski-show Champions, and have been the Southern Regional Water Ski-show Champions for the past six years; that the Ski-A- Rees participate in many tournaments including a tournament at Cypress Gardens where they won first place; that the Sarasota Ski- Book 36 Page 10418 04/18/94 6:00 P.M. Book 36 Page 10419 04/18/94 6:00 P.M. A-Rees have had national recognition on ESPN, and placed 4th in the nation last year out of 169 teams competing. Paul Thorpe, representing The Downtown Association, stated that the groups mentioned offer a lot back to the community; that the City can help these organization by resolving the sign issue; that organizations which meet specified criteria should be allowed to use banners and signs for specified amounts of time; that these organizations are also part of the community and are not trying to create a detriment to the residents of St. Armands; that a meeting should be held between the St. Armands Association members and the Administration to develop a program which could satisfy all parties concerned. Mr. Thorpe stated that banners should not be put up three weeks in advance of an event as the organizers of the John Ringling Towers event have done; that banners are put up annually at the Bayfront with permission from the Public Works Department to help raise the $25,000 necessary for the Fourth of July Fireworks display; that Mote Marine Laboratory could cancel its open house, the Ski-A-Rees could cancel their ski-shows, The Downtown Association could cancel the fireworks, or working together a solution could be reached regarding the banners. Commissioner Pillot stated that an ordinance on the books should be enforced or modified for the reason that it is not being enforced; that he supports Mr. Thorpe's comment to have the Administration consult with interested parties to discuss an equitable solution and determine the following: 1. What activities by generic name or specific title would be included. 2. What type of banner or sign would be permitted 3. Where, specifically or in general, would the signs be permitted? 4. How much in advance could the signs be put up? 5. How soon must the signs be taken down? On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to have (the Administration prepare a report and report back to the Commission). Commissioner Cardamone stated that the Commission is heading in a direction of legislating some things that denote a good time for people to get together and do something fun; that areas do exist on John Ringling Boulevard that are not residential; that living in Sarasota is getting too heavy and regulated. Commissioner Atkins stated that he agrees that an ordinance on the books should be enforced; that he is prepared to vote against an ordinance which regulates signs and banners being put up for a short period of time; that he agrees with Commissioner Cardamone that the Commission is making living in Sarasota too heavy and regulated to even exist in the community; that the Commission should review the whole sign ordinance. Mayor Patterson asked if there was a consensus of the Commission to allow Mr. Cook to come back before the Commission. Mayor Patterson stated there was and asked Mr. Cook to come forward. Mr. Cook stated that there previously have been banners for antique sales and banners welcoming the Beer Association to Florida; that taxes on St. Armands' properties have been doubled and in some instances quadrupled within the past five years; that the St. Armands Association feels as citizens of this community, they have a right to call upon the Commission to observe and treat St. Armands as a residential area; that the sign ordinance has not been observed by the City with regard to the Mote Marine Laboratory and the Ski-A-Rees; that other signs have been placed in the right-of- way and have not been taken down; that residents of St. Armands had to remove the signs that had been left dangling by a few strings after the wind had blown them off their posts; that the current ordinance should be enforced; that discussion should not be held for possible abandonment of the sign ordinance. Commissioner Pillot stated that the motion on the floor does not mention abandonment of the sign ordinance; that he does not agree with having the ordinance enforced as it is written; that the motion tries to address some of the problems to which Mr. Cook refers; that the motion requests the City Manager to study the issue and report back to the Commission with his recommendation of what is sensible and appropriate. Mayor Patterson stated that she will not support the motion; that the St. Armands Residents Association is concerned about the sign abuse in their neighborhood; that her concern is that church garage sales, bazaars, and any non-profit organization will be entitled to the put signage on the right-of-way, thereby creating more signage than currently occurs; that the organization should be required to have a level of community-wide participation and other stringent requirements. Commissioner Pillot stated that "community-wide", "tourist interest", and "visitor interest" are the types of adjectives that should be considered. Mayor Patterson stated that perhaps an amendment can be developed which would satisfy all concerned; however, her preference would be to enforce the current ordinance. Book 36 Page 10420 04/18/94 6:00 P.M. Book 36 Page 10421 04/18/94 6:00 P.M. Mayor Patterson repeated the motion as to have the Administration create a conference to develop regulations that specify time, placement, and who would be permitted to place signage on City property and rights-of-way in the future. Commissioner Pillot stated that he had not specified that the City Manager bring together a particular meeting, but that the City Manager consult with the affected parties at his discretion . Mayor Patterson called for the vote on the motion. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, no. 24. UNFINISHED BUSINESS: DISCUSSION RE: EMPLOYEE OF THE MONTH AND YEAR PROGRAMS (AGENDA ITEM VII-6) #3 (0370) through (0647) On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the recommendation as presented to the Commission in the document entitled "Revised for City Commission Consideration on April 18, 1994". Commissioner Cardamone requested back up on the item. City Manager Sollenberger stated that the Commission had requested a revision to the Employee of the Month and Year Programs; that a revised program has been developed with two Employees of the Month and two Employees of the Year: one from Police and Fire Uniformed Services and one from General Employees, including those in the Public Safety Department. Mr. Sollenberger continued that an analysis was conducted which determined that General employees are more frequently chosen as Employee of the Month; however, the Employee of the Year has been a Public Safety employee for the past three years; that the perception is that a Public Safety employee has been chosen more often than a General employee which the analysis has shown to be unfounded. Commissioner Atkins stated that perception is reality; that the General employees reality is that Public Safety employees were getting special treatment as it relates to the Employee of the Month Program; that the General employees should be permitted to have their own Employee of the Month and Employee of the Year Programs. Commissioner Cardamone stated that 36 employees have been selected as Employees of the Month, 25 of which were General employees and 11 of which were Police and Fire employees; that a problem does not appear to exist; that separating the programs would be a segregation of the employees at the City of Sarasota and dilutes the importance of being the Employee of the Month; that there are 587 General employees and 316 Fire/Police Uniformed employees; that an employee who works in the smaller population of employees has a greater advantage of becoming Employee of the Month if the programs are separated; that the current program is fair and equitable. Mayor Patterson stated that she agrees with Commissioner Cardamone; that the award will be made less valuable if twice as many awards are issued. Mayor Patterson repeated the motion as to support the recommendation of the Human Resources Department which will create a double category for Employee of the Month and Employee of the Year awards. City Manager Sollenberger stated that the recommendation from the Human Resources Department is 1) to make a determination if the Commission wants two categories created, and 2) implement the developed plan if two categories are desired. Mr. Sollenberger stated that the Staff has expressed the concern of further galvanizing the concept of inequity among City employees by separating the programs; and that the Public Safety Employee of the Month could become the Police Officer of the Month in the event that the Fire Department is consolidated with the County. Commissioner Pillot stated that he misunderstood the position of the Administration and will vote against his own motion. Mayor Patterson called for the vote on the motion. Motion failed (4 to 1): Atkins, yes; Cardamone, no; Merrill, no; Pillot, no; Patterson, no. 25. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 94R-730, ADOPTING AN AFFORDABLE HOUSING INCENTIVE PLAN PURSUANT TO THE REQUIREMENTS OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM; ETC. (TITLE ONLY) - APPROVED (AGENDA ITEM VII-7) #3 (0648) through (0706) City Manager Sollenberger stated that one of the conditions for receiving State Housing Initiative Partnership (SHIP) funds is that the City adopt an affordable housing plan to remove barriers that restrict the construction of new affordable housing; that this item was submitted to the Commission at the April 4th meeting; that Commission concerns have been resolved; that Resolution 94R-730 adopts the plan as proposed by the Affordable Housing Advisory Board; and that the Administration recommends Resolution 94R-730 be adopted as prepared by the City Atto 9y. Book 36 Page 10422 04/18/94 6:00 P.M. Book 36 Page 10423 04/18/94 6:00 P.M. City Auditor and Clerk Robinson read proposed Resolution No. 94R-730 by title only. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to (adopt Resolution No. 94R-730 approving the SHIP Affordable Housing plan as amended and authorizing the City Manager to implement its provisions). Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 26. UNFINISHED BUSINESS: REPORT RE: STATUS OF MAIN STREET IMPROVEMENT PROJECT - DIRECTED THE ADMINISTRATION TO FIX THE IRRIGATION SYSTEM AS SOON AS POSSIBLE (AGENDA ITEM VII-8) #3 (0706) through (0942) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, and stated that 85% of the time has been expended, but only 65% and holding of the work has been completed; that a couple of weeks ago the bonding company informed the City that bids were requested from contractors to complete the work on Main Street and only one bid was received; that the bid was excessive; that three contractors and Glen Miller, the bonding company representative, attended a second pre-bid meeting which was held on April 12th to inform the potential bidders of the project status; that Mr. Miller informed the Engineering Department that a contractor would be hired for the work yet to be constructed, or that the bonding company would act as the contractor and subcontract the various aspects of the work; that Mr. Miller had stated that work would begin this week; however, as of this morning the City has not been notified if a contractor has been chosen. Mr. Daughters stated that Mr. Miller had stated in regard to the maintenance and replacement work that the subcontractors that had performed the work would be contacted and required to maintain or replace if necessary the work which has been completed; that the bonding company has not contacted the subcontractors as of this date. Mr. Daughters stated that it appears that the City is still in a state of holding. Mayor Patterson stated that this situation causes an impact to the City in regard to the grant and the appearance of the City; and that the city Attorney should be involved. Mr. Daughters stated that the Engineering Department has been working closely with Mr. Singer of the City Attorney's office. Mayor Patterson stated that the dead trees along Main Street create a definite impact on the City. Mr. Daughters stated that many trees are dead; that the trees that are alive are suffering from shock; that the water on the south side of Main Street has been turned off because the irrigation line was leaking; that the bonding company was informed of the leak several times by letter through the City Attorney's office; that after physically being shown the problems on April 12th, Mr. Miller stated that the problems would be taken care of right away; however, the problems have not been fixed. Mayor Patterson stated that more trees should not die because the irrigation system has been shut off; that the cost involved in repairing the system is minimal; that getting water to the trees is important and if it is legally supportable, the City should fix the problem. City Attorney Taylor stated that liability and funding to get the problems fixed is covered by the bond; that a demand must be given with sufficient opportunity for the bonding company to comply; that the bonding company appears to be defaulting on their obligation; therefore a remedy exists for the City to take charge of the project. Mayor Patterson stated that trees are major cost items; that.four days without water for a newly planted tree could require a year of recovery from the lack of water; that she supports getting water to the trees as soon as possible. On motion of Vice Mayor Merrill and second of Commissioner Pillot, it was moved to (have the City fix the irrigation line as soon as possible). Commissioner Pillot asked if the City places itself in legal jeopardy by fixing the irrigation line? Attorney Taylor stated that appropriate notice will be given to the bonding company before the City acts to preserve its asset; thereby, creating no legal jeopardy. Mayor Patterson called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 27. NEW BUSINESS: DISCUSSION RE: SPEED HUMPS ON SHADE AVENUE = ADMINISTRATION TO REPORT BACK TO THE COMMISSION IN SIX MONTHS AND IN ONE YEAR ON ACCIDENTS CREATED BY THE SPEED HUMPS (AGENDA ITEM VIII-2) #3 (0959) through (2127) Commissioner Atkins left the Commission Chambers at 9:28 p.m. Commissioner Pillot stated that he does not expect action to be taken by this Commission to remove the speed humps on Shade Avenue; however he wants to make his position clear. Book 36 Page 10424 04/18/94 6:00 P.M. Book 36 Page 10425 04/18/94 6:00 P.M. Commissioner Pillot stated that the speed humps on Shade Avenue are valuable; that he has no objection to the speed humps on Shade Avenue or on side streets with regard to general traffic; however, the speed humps on Shade Avenue are an issue for emergency vehicles; that Shade Avenue is a major north/south street albeit a residential one from Fruitville Road to Bee Ridge Road. Commissioner Atkins returned to the Commission Chambers at 9:30 p.m. Mayor Patterson left the Commission Chambers at 9:30 p.m. Commissioner Pillot continued that the Commission has been diligently attempting to keep traffic off of Osprey, Orange, and Shade Avenues; that Tuttle Avenue will be torn up for an extended period of time and will not be a good artery for north/south traffic until its completion; that significant north/south arteries will soon be limited to US 41; that rerouting and limiting emergency vehicles servicing the Shade Avenue area to US 41 would create unacceptable additional response time; that rerouting the emergency vehicles to School Avenue is directing emergency vehicles through the new Sarasota High School/Alta Vista school campus where large numbers of students ages 15 to 18 cross numerous times daily; that the times at which the emergency vehicles will travel on those streets at the maximum acceptable speed is not regulated; that the residents who live on and near Shade Avenue are pleased and supportive of the speed humps; however, this is a broad community- wide issue. Commissioner Pillot cited from the April 4th Commission meeting minutes the following statement made by Vice Mayor Merrill in reference to Brookside Middle 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.' I Commissioner Pillot stated that in comparison, people living in and around Shade Avenue may want the speed humps, however, it is undeniable that Shade Avenue benefits the overall area. Mayor Patterson returned to the Commission Chambers at 9:33 p.m. Commissioner Pillot referred to the Monday, April 18, 1994, edition of the Sarasota Herald Tribune and stated that he found the editorial regarding the Shade Avenue speed humps to be specious; that one emergency run by an ambulance team to save the life of a person or persons exceeds any inconvenience to the "daily traffic that plies the City's residential arterials."; that the article cites two serious accidents on Waldemere Street and Shade Avenue, one in which a car smashed into a house and another in which a bicyclist was struck by a speeding car; that these two accidents happened over a far longer period than the two months the speed humps have been experienced; that during that two months, two minor injuries have occurred, one to a paramedic and one to a firefighter; that minor damage to the undercarriage of one fire vehicle has also happened; that more serious accidents may occur from the emergency vehicles travelling over the speed humps. Commissioner Pillot stated that the speed humps do not inconvenience him, personally; however, he has a problem with the affect the speed humps have on emergency vehicles and the injured patients who may be riding in one of those vehicles. Commissioner Cardamone left the Commission Chambers at 9:38 p.m. Commissioner Pillot stated that the editorial statement: "the issue at stake, however, is whether the inconvenience suffered by emergency crews I is an insult to the City of Sarasota emergency personnel. Commissioner Pillot stated that other statements in the article were also insulting; that the editorial was a bad one, something rarely seen from the Sarasota Herald Tribune. Commissioner Pillot stated that the vote taken by the Commission to install the speed humps while he was out of the Country last November was a responsible vote; however, potential injury of City personnel, injured patients, or delayed response to a burning property are some of the negative aspects of the speed humps. Commissioner Cardamone returned to the Commission Chambers at 9:41 p.m. Vice Mayor Merrill stated that public safety issues were addressed in November and referred to the following statement from the November 15, 1993, Commission meeting minutes, "City Manager Sollenberger stated that this item is in response to residents in the Shade Avenue area for traffic abatement measures; that some concern had been raised about the affect on public safety vehicles, particularly Fire-Rescue vehicles . Commissioner Merrill stated that he wanted to point out that people who live in this area are very close to the hospital and the level of Fire-Rescue service is excellent regardless of losing a few seconds. Mr. Sollenberger stated that was correct; that the area in question is much closer to the hospital than areas in north Sarasota or on the Keys." Vice Mayor Merrill stated that Doctor's Hospital is located in the corridor along Shade Avenue; that Sarasota Memorial Hospital (SMH) is immediately adjacent to Shade Avenue on US 41; that the Waldemere Fire Station is in the corridor; that this neighborhood will have excellent public safety service no matter what type of traffic abatement is done in the area; that the response time to SMH from a property east of Shade Avenue is 4 or 5 times less than the response time to SMH from a property on South Lido Beach. Vice Mayor Merrill continued that the (21 to 44) second estimated delay Book 36 Page 10426 04/18/94 6:00 P.M. Book 36 Page 10427 04/18/94 6:00 P.M. on rescue vehicles would only pertain to an emergency vehicle travelling from Ringling Boulevard down Shade Avenue to the south City limits, a route for which there is no purpose; that one speed hump is the maximum amount of speed humps that the emergency vehicles should have to cross if the routes are properly analyzed; that the reduction of speed necessary to cross one speed hump is comparable to making one 90-degree turn; that more than two accidents had occurred in the Shade Avenue area which originally prompted the traffic abatement; that traffic abatement was implemented in the Shade Avenue area as a public safety measure; that the conclusion that the speed humps have benefited that neighborhood and public safety will be reached if public safety is measured in a sense broader than response time; that speed humps should be considered in the other areas of the City that are unsafe. Commissioner Cardamone stated that she thought the Public Safety Department reviews and checks off the critical areas of traffic abatement with speed humps before it is adopted for use. Mr. Sollenberger stated that is correct; however, the Fire Department did not recommend that the speed humps be placed on Shade Avenue which was disclosed to the Commission; that the Administration made the recommendation to proceed with the speed humps which was the result of a choice between two public goods. Mr. Sollenberger stated that he wanted to point out that the speed humps on Waldemere Street are marked differently than other speed humps including the humps on Shade Avenue; that the Engineering Department has been asked to evaluate remarking the speed humps and placing signage before the Shade Avenue speed humps, similar to the signage on Waldemere Street, to better identify the speed humps for drivers. Commissioner Cardamone stated that routes can be plotted by the emergency vehicle drivers to avoid crossing over the speed humps on Shade Avenue; that the minor injuries experienced by the emergency personnel may be isolated instances; that further discussion of this item should not be deferred until a time when it becomes a problem to the City. Vice Mayor Merrill stated that the speed humps were not properly marked initially; that the Public Safety personnel has been notified of the location of the speed humps and similar problems should not occur; that the speed humps should be painted yellow or orange to better identify them to drivers at night. Commissioner Pillot stated that response time is not his major concern; that the affect of the "bump" on the individuals inside the emergency vehicle is his main concern; that not all emergency runs are not to a hospital, they are often to a home or another site where a person can be treated; and that speed humps should be placed on a major north/south street. On motion of Commissioner Pillot it was moved to (direct the Administration to report back to the Commission on what is involved in removing the speed humps from Shade Avenue).. The motion died for lack of a second. Mayor Patterson stated that this discussion was necessaryi that another discussion on the speed humps should be held in the future; that the City did do a poor job of marking the speed humps when they were initially installed; that the Administration should plan to bring the Commission back a report in six months and again in one year on accidents created by the speed humps; that the speed humps have been the least controversial of the City's traffic abatement. 28. BOARD APPOINTMENTS: APPOINTMENT RE: PUBLIC ART COMMITTEE - NOMINATE DALE PARKS FOR THE CITY RESIDENT OR PROPERTY OWNER POSITION (AGENDA ITEM IX) #3 (2128) through (2303) Mayor Patterson requested nominations for the City resident or property owner position which is currently vacant on the Public Art Committee. Commissioner Pillot nominated Dale Parks. Commissioner Cardamone nominated Roy Haggard and stated that he was the only person she had heard from in regard to the appointment; that Mr. Haggard has the proper qualifications and a fine resume of accomplishments. Commissioner Pillot stated that Mr. Parks made three attempts to contact him; that Mr. Parks' persistence showed initiative and interest; that at Mr. Parks request, he had a face to face meeting to review Mr. Parks' accomplishments and credentials; and that he feels Mr. Parks would be equally energetic toward his duties on the Committee. Vice Mayor Merrill stated that he will support the Dale Parks nomination; that he met with Mr. Parks; and that Tim Seibert (Edward J. Siebert AIA) highly recommended Mr. Parks. Mayor Patterson stated that she will support the nomination of Dale Parks; that Mr. Haggard's credentials are excellent; however, she met with Mr. Parks and was impressed with his portfolio, and the quality and reputation of the architects with whom he had worked. Roy Haggard received two votes: Atkins, yes; Cardamone, yes; Book 36 Page 10428 04/18/94 6:00 P.M. Book 36 Page 10429 04/18/94 6:00 P.M. Dale Parks received three votes: Merrill, yes; Pillot, yes; Patterson, yes. 29. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = REFERRED THE POSSIBILITY OF BUILDING OSPREY PLATFORMS TO THE PARKS, RECREATION, AND ENVIRONMENTAL BOARD; ADMINISTRATION TO REVIEW THE REPORT "IN LIEU OF TAXES FOR NON- TAXABLE PROPERTIES" RECEIVED FROM THE CITY OF LANCASTER, PA; ENDORSEMENT OF THE MAYOR SENDING LETTERS OF APPRECIATION TO STATE LEGISLATORS; ADMINISTRATION TO INCLUDE A NOTICE OF THE POSTAL WORKERS' FOOD DRIVE DATE IN THE CITY UTILITY BILLS AND CITY EMPLOYEES' PAYCHECKS (AGENDA ITEM X): #3 (2303) through (2830) VICE MAYOR MERRILL: A. Requested that the possibility of the City building Osprey platforms similar to those seen in Boca Grande and Orlando be referred to the Parks, Recreation, and Environmental Protection Board. Mayor Patterson stated that there was consensus of the Commission to Vice Mayor Merrill's request. COMMISSIONER ATKINS: A. stated that he has not seen Berta Lefkovich at the Commission meetings and asked if anyone knows what has happened to her. City Auditor and Clerk Robinson stated that Ms. Lefkovich is no longer the Chairman of the Planning Board; therefore, she has not been attending the Commission meetings. Mike Taylor, Deputy Director of Planning and Development, stated that Ms. Lefkovich is in good health and is taking a vacation from the Commission meetings. COMMISSIONER CARDAMONE: A. stated that she is impressed with the Customer Service Seminars which have been provided to City employees since December; that (this type of information should be supplied to the Commission on a more regular basis). B. that she received a document from the City of Lancaster, PA, entitled In Lieu of l'axes for non-taxable properties; that she requests Commission support to encourage the Administration to investigate the report received from the City of Lancaster; that Sarasota Memorial Hospital's recent acquisitions are an example of her concerns. Mayor Patterson stated that there was consensus of the Commission to Commissioner Cardamone's request. MAYOR PATTERSON: A. Requested the Commission's endorsement to sign as Mayor and send letters on behalf of the Commission thanking all the legislators who worked with the City in this legislative session; that Commissioner Cardamone and City Auditor and Clerk Robinson should be also be thanked for their lobbying efforts. There was consensus of the Commission to have Mayor Patterson initiate and sign the letters of appreciation. B. stated that she attended a meeting on the Food Drive by the Postal Workers; that postal workers throughout the County will participate in a major food drive on May 14, 1994; that the postal workers volunteer their own time to collect canned goods from resident mailboxes; that the City has been asked to support the food drive by including a notice of the food drive date in the water bills and along with City employee paychecks. City Manager Sollenberger stated that the water bills are mailed on a rotated billing cycle; that all residents of the City will not be able to be notified at this late date, but the Administration will distribute as many notices as possible; that notices can be distributed with the employees' paychecks. 30. ADJOURN (AGENDA ITEM XII) #3 (2833) There being no further business, Mayor Patterson adjourned the meeting at 10:13 p.m. Hora faillunen NORA PATTERSON, MAYOR ATTEST: BiLE Roley BILLYCE: ROBINSON, CITY AUDITOR AND CLERK Book 36 Page 10430 04/18/94 6:00 P.M.