Book 38 Page 12347 10/02/95 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 2, 1995, AT 6:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, and Commissioner Nora Patterson; City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioners Delores Dry and Gene Pillot PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Merrill stated that for individual health reasons, Commissioner Dry and Commissioner Pillot will not be in attendance at tonight's meeting. 1. PRESENTATION RE: RETIREMENT AWARD TO EDGAR A. MIKRONIS, FIRST CLASS FIREFIGHTER, FIRE/RESCUE BUREAU, PUBLIC SAFETY DEPARTMENT, WITH 25 YEARS OF SERVICE #1 (0043) through (0143) Julius Halas, Chief of Fire-Rescue Bureau, Public Safety Department, came before the Commission, introduced Edgar A. Mikronis, Firefighter First Class, Fire-Rescue Bureau, Public Safety Department, with 25 years of service, thanked him for all his efforts and congratulated him on his retirement. Fire Chief Halas stated that Mr. Mikronis was one of the City's first firefighters to participate in the paramedic training. Fire Chief Halas recognized Mr. Mikronis's wife, Donna, who was present in the audience. City Manager Sollenberger read the Retirement Award in its entirety and presented a plaque to Mr. Mikronis. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0143) through (0180) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Unfinished Business, Item VII-2, Approval Re: (1) City/County Fire-Rescue Consolidation Interlocal Agreement, (2) Public Safety Communications Interlocal Agreement, (3) Vehicular Maintenance Interlocal Agreement, and (4) Pinecraft Fire Control District Interlocal Agreement, per the request of City Manager Sollenberger. B. Remove under Unfinished Business, Item VII-3, Approval Re: Ringling Causeway Bridge Replacement Bridge Railing, per the request of City Manager Sollenberger and City Engineer Daughters. City Auditor and Clerk Robinson stated that the consultant for the Florida Department of Transportation (FDOT) made an error; that the proposed pedestrian railing design will not meet Federal regulations; that an alternative design will be submitted to the Aesthetic Task Team on October 11, 1995, after which date the item will be brought back to the Commission. C. Move forward Item II-3, Report Re: Public Art Committee's Regular Meeting of August 22, 1995, to be heard as the first Board Action Report, per the request of Mayor Merrill. Mayor Merrill asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Merrill stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 3. APPROVAL OF MINUTES: APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 18, 1995 - APPROVED (AGENDA ITEM I) #1 (0180) through (0186) Mayor Merrill asked if the Commission had any changes to the minutes. Mayor Merrill stated that hearing no changes, the minutes of the regular City Commission meeting of September 18, 1995, are approved by unanimous consent. 4. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF AUGUST 22, 1995 - DEFERRED PROPOSED AMENDMENT TO THE ZONING CODE FOR INCLUSION WITH THE REVIEW AND UPDATE OF THE LDRS (AGENDA ITEM II-3) #1 (0192) through (0393) Jane Robinson, Director of Planning and Development, and Katherine O'Connell, Vice Chairman of the Public Art Committee (PAC), came before the Commission. Ms. O'Connell presented the following action from the Public Art Committee's regular meeting of August 22, 1995: A. Proposed Zoning Code amendment to Section 16-1, Definitions, regarding commercial structures requiring public art. Book 38 Page 12348 10/02/95 6:00 P.M. Book 38 Page 12349 10/02/95 6:00 P.M. Ms. O'Connell stated that clarification to the definition of commercial structures is necessaryi that the existing definition in the Zoning Code does not specifically include theaters, and as a result, Burns Court Cinema was not required to provide public art; that the PAC recommends to the Commission approval of the following amendment to ensure that all permitted and special exception uses in the Commercial, Central Business District (C-CBD), Theater and Arts District (TAD), and Governmental (G) zone districts located in the community redevelopment areas provide public art: Commercial structures shall mean any building or structure with a permitted use or use allowed by special exception. City Manager Sollenberger stated that the Administration recommends deferring the proposed amendment for inclusion with the comprehensive review and update of the Land Development Regulations (LDRS). On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to defer the proposed amendment for inclusion with the review and update of the LDRs. Motion carried unanimously (3 to 0): : Cardamone, yes; Patterson, yes; Merrill, yes. Vice Mayor Cardamone stated that the discussion in the PAC minutes regarding the fountain underwritten by Jack Graham of Marina Jack, Inc., which will be placed on City property, was noted; and apologized for the PAC's being excluded from providing an opinion. Ms. O'Connell stated that the PAC members were appointed to provide expertise to the Commission; that the Commission should utilize and consult the PAC for input to identify potential difficulties which may be experienced on large projects, in visible sites, even if a particular piece of art is offered to the City as a gift; that hopefully, the Commission and the PAC can work toward a better relationship in the future. B. Draft Minutes of PAC Meetings Ms. O'Connell stated that occasionally, technical discussions held by the PAC are difficult to interpret and are not transcribed accurately; and requested that the PAC be provided an opportunity to review the minutes of meetings prior to submittal to the Commission. Commissioner Patterson asked for comment by Staff. Ms. Robinson stated that the PAC meets quarterly; that draft minutes are submitted for the Agenda if a Board Report to the Commission is scheduled prior to the PAC's next scheduled meeting. Commissioner Patterson stated that the minutes of Commission workshop meetings are not submitted to the Commission for formal approval; however, individual copies are distributed to the Commissioners for review; that a similar system could be developed to resolve the issue raised by the PAC. 5. BOARD ACTIONS: REPORT RE: PLANNING BOARDILOCAL PLANNING AGENCY'S REGULAR MEETING OF SEPTEMBER 6, 1995 - AFFIRMED THE PBLP RESOLUTIONS APPROVING SPECIAL EXCEPTION PETITION NOS. 95-SE-09, 95-SE-10, 95-SE-07 (AGENDA ITEM II-1) #1 (0406) through (0907) Jane Robinson, Director of Planning and Development, and Judson Boedecker, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. Robinson stated that a public hearing on special exception petitions is not required; that the City Commission may affirm, reverse or modify the decision or ruling of the PBLP regarding special exceptions. City Attorney Taylor stated for clarification that special exceptions related to a land use require a quasi-judicial public hearing; that a public hearing held before the PBLP qualifies procedurally; however, the City would be obligated to honor a request by the petitioner or another interested party for a public hearing before the Commission; that no such requests have been made relative to the petitions presented in the PBLP report; therefore, the Commission may affirm, reverse or modify the PBLP's action. Mr. Boedecker presented the following items from the Planning Board/Local Planning Agency's regular meeting of September 6, 1995: A. Petition No. 95-SE-09 Mr. Boedecker stated that this petition is a request for a special exception to permit a drive-thru banking facility for Century Bank located at 1680 Fruitville Road; that the PBLP found 95-SE-09 consistent with the Sarasota City Plan and adopted a resolution approving the Special Exception. Commissioner Patterson stated that her husband's law firm represents Century Bank; that Century Bank also has principal interest in the building occupied by Flory Real Estate, Inc., at which her real estate license is registered; therefore, she declares a conflict of interest and will not vote on this item. City Attorney Taylor stated that the Zoning Code does not require a specific number of votes to approve a special exception; that the Commission has a quorum; that a majority vote of those present and voting will be required. Book 38 Page 12350 10/02/95 6:00 P.M. Book 38 Page 12351 10/02/95 6:00 P.M. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to affirm the PBLP resolution approving Special Exception Petition No. 95-SE-09. Motion carried unanimously (2 to 0): Cardamone, yes; Patterson, abstained; Merrill, yes. B. Petition No. 95-SE-10 Mr. Boedecker stated that this petition is a request for a special exception to permit on parcels located at 1525 Kentucky Lane the extension of the Residential, Multiple Family (RMF-5) zone district boundary by 12 feet to the east; that the PBLP found 95-SE-10 consistent with the Sarasota City Plan and adopted a resolution approving the Special Exception. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to affirm the PBLP resolution approving Special Exception Petition No. 95-SE-10. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. C. Petition No. 95-SE-07 Mr. Boedecker stated that this petition is a request for a special exception to permit in an RMF-2 zone district the operation of a child care center for up to 100 children in the First Church of Nazarene located at 3375 Fruitville Road; that the PBLP found 95-SE-07 consistent with the Sarasota City Plan, adopted a resolution approving the Special Exception, and recommends approval of 95-SE-07 to the City Commission, subject to the following stipulation: the First Church of Nazarene be required to pave the drive connecting the exiting east and west parking lots upon request by the City of Sarasota if the child care center operates under the previously approved Preliminary Site and Development Plan 93-B for more than one year. Mr. Boedecker continued that the PBLP discussed the impact of the project on Bailey Road residents; that placement of sidewalks and the realignment of Bailey Road were concerns raised by two residents adjacent to the First Church of Nazarene; that the PBLP recommends that the Commission arrange to: 1) have sidewalks installed within one year on whichever side of the right-of-way is most feasible, and 2) have the improvement of the substandard roadway (Bailey Road) incorporated into the Five Year Plan. V. Peter Schneider, Deputy City Manager, stated that the Administration recommends affirmation of the PBLP resolution for 95-SE-07, subject to the stipulation noted; however, the Administration recommends that the sidewalks and improvements to the substandard roadway be coordinated with the development of the Impact Management Area (IMA) on the east side of Bailey Road; that the City was willing to construct a $12,000 sidewalk on the east side of Bailey Road, but one of the two property owners from whom an easement would be required is not willing to grant the City an easement. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that a sidewalk was constructed on the east side of Bailey Road/Bailey Street up to the segment of Bailey Road at which the right-of-way narrows, approximately one block from Fruitville Road; that, originally, the Engineering Department required curb and gutter installation on the west side of Bailey Road as part of Preliminary, Site and Development Plan 93-B; however, that requirement was waived. Debbie Marks, Sr. Planning Technician, came before the Commission and displayed on the overhead projector an area map which depicted the substandard roadway to identify the narrowing right-of-way. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to: 1) affirm the PBLP resolution approving Special Exception Petition No. 95-SE-07 as stipulated, and 2) require the improvements to the sidewalks and the substandard roadway to be coordinated with the development of the IMA on the east side of Bailey Road. Commissioner Patterson asked for comment by Mayor Merrill, the district Commissioner. Mayor Merrill stated that the majority of sidewalk previously constructed is on the east side of Bailey Road north of the identified area; that pedestrians prefer to walk on sidewalks continuing on the same side of a street; that the Church is attempting to provide a service which has been continually requested by the community; that the Church's budget is low; that waiving the expense to the Church and developing a sidewalk on the east side of Bailey Road in conjunction with development of the IMA seems reasonable. Vice Mayor Cardamone asked for clarification on the stipulation. Mr. Boedecker stated that a PBLP member was concerned with the driveway connecting the two parking lots remaining unpaved if the Church does not complete the entire integrated project; that the petitioner willingly accepted the stipulation. Mayor Merrill called for the vote on the motion. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. 6. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF SEPTEMBER 12, 1995 = ACCEPTED: SET FOR PUBLIC HEARING PETITION NOS. 94-HD-13, 95-HD-08, 95-HD-09, 95-HD-10, AND 95-HD-11 (AGENDA ITEM II-2) Book 38 Page 12352 10/02/95 6:00 P.M. Book 38 Page 12353 10/02/95 6:00 P.M. #1 (0907) through (0953) Jane Robinson, Director of Planning and Development, and Robert Town, Chairman of the Historic Preservation Board, came before the Commission. Mr. Town presented the following items from the Historic Preservation Board's Report of September 12, 1995; and stated that the Historic Preservation Board recommends to the City Commission approval of the following: Petition 94-HD-13 1269 First Street Petition 95-HD-08 651 Ohio Place (Main Structure & Garage) Petition 95-HD-09 1927 Laurel Street (Main Structure & Garage) Petition 95-HD-10 1620 6th Street Petition 95-HD-11 3406 Higel Avenue Ms. Robinson stated that the Administration recommends accepting the Historic Preservation Board's report and setting the petitions for public hearing. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to accept the Historic Preservation Board Report of September 12, 1995, and set Petition Nos. 94-HD-13, 95-HD-08, 95-HD-09, 95-HD-10, and 95-HD-11 for public hearing. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1 AND 2 - APPROVED (AGENDA ITEM III-A) #1 (0955) through (0978) 1. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute a second amendment to the Occupational Health Conservation, Inc., Contract extending the agreement for the second and final one year period, to provide asbestos consulting services on an "as needed" basis 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Sarasota Outboard Club's Lease Renewal Agreement for a consecutive five year period On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to approve Consent Agenda No. 1, Items 1 and 2. Motion carried unanimously (3 to 0) : Cardamone, yes; Patterson, yes; Merrill, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 95R-845) - ADOPTED; ITEM 2 (RESOLUTION NO. 95R-846) = ADOPTED; ITEM 3 (RESOLUTION NO. 95R-847) = ADOPTED; ITEM 4 (RESOLUTION NO. 95R-848) - ADOPTED; ITEM 5 (RESOLUTION NO. 95R-849) - ADOPTED; AND ITEM 6 (RESOLUTION NO. 95R-850) - ADOPTED; (AGENDA ITEM III-B) #1 (0978) through (1105) City Auditor and Clerk Robinson read proposed Resolution Nos. 95R-845, 95R-846, 95R-847, 95R-848, 95R-849, and 95R-850 in their entirety. 1. Adoption Re: Proposed Resolution No. 95R-845, appropriating $8,000 from the Special Law Enforcement Trust Fund (Forfeitures) to purchase collapsible batons for all police officers; etc. 2. Adoption Re: Proposed Resolution No. 95R-846, appropriating $12,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund operating expenses for the Central Avenue Resource Center; etc. 3. Adoption Re: Proposed Resolution No. 95R-847, appropriating $51,130.62 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the first year of the Nuisance Abatement officer; etc. 4. Adoption Re: Proposed Resolution No. 95R-848, appropriating. $6,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the replacement of dictation and transcription units in the Criminal Investigations Division; etc. 5. Adoption Re: Proposed Resolution No. 95R-849, appropriating $50,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund an expanded in-service training program; etc. 6. Adoption Re: Proposed Resolution No. 95R-850, appropriating $10,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund training provided at Institutions outside of the Sarasota Police Bureau; etc. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to adopt Consent Agenda No. 2, Items 1 through 6 inclusive. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. Book 38 Page 12354 10/02/95 6:00 P.M. Book 38 Page 12355 10/02/95 6:00 P.M. Mayor Merrill requested city Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE 95-3884, ESTABLISHING A MORATORIUM ON THE PROCESSING OF AMENDMENTS TO THE COMPREHEN- SIVE PLAN (A.K.A. SARASOTA CITY PLAN) FOR ONE (1) YEAR FROM NOVEMBER 1, 1995, TO NOVEMBER 1, 1996; SETTING FORTH FINDINGS AS TO THE NEED FOR AND PUBLIC PURPOSE SERVED BY SUCH A MORATORIUM; EXEMPTING FROM SAID MORATORIUM PETITIONS TO AMEND THE FUTURE LAND USE MAPS, PERTAINING TO ANNEXED PROPERTY, REQUESTING ZONING UNDER THE CITY OF SARASOTA ZONING CODE EQUIVALENT TO THE EXISTING SARASOTA COUNTY ZONING ON THE ANNEXED PROPERTY AND/OR THE FUTURE LAND USE DESIGNATION APPLIED TO THE PARCEL BY THE SARASOTA COUNTY COMPREHENSIVE PLAN: EXEMPTING FROM SAID MORATORIUM PETITIONS TO AMEND THE SARASOTA CITY PLAN WHICH IMPLEMENT THE RECOMMENDATIONS IN THE EVALUATION AND APPRAISAL REPORT REQUIRED TO BE PREPARED BY CITY PURSUANT TO SECTION 163.3191, FLORIDA STATUTES; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR READING BY TITLE ONLY; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM IV-1) #1 (1105) through (1236) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the purpose of the moratorium is to allow for the completion of the Evaluation and Appraisal (EAR) and the update of the Sarasota City Plan; that during the moratorium, the City will review requests for land use designation changes and/or changes to the goals, objectives, and policies of the Sarasota City Plan; that all requests for comprehensive plan changes will be reviewed during the evaluation process and if accepted adopted during the 1997 update of the Plan; that the public will be invited to participate in this evaluation by attending the Community Planning Workshops scheduled in various areas of the City; that at the September 5, 1995, regular Commission meeting, the City Commission voted to advertise proposed Ordinance No. 95-3884 for public hearing with the following language added: The following amendments shall be exempt from the moratorium: Petitions to amend the future land use maps, pertaining to annexed property, requesting zoning under the City of Sarasota Zoning Code equivalent to the existing Sarasota County zoning on the annexed property and/or future land use designation applied to the parcel by the Sarasota County Comprehensive Plan. Ms. Robinson stated that proposed Ordinance No. 95-3884 was passed on first reading at the September 18, 1995, public hearing; that this is the second of two required public hearings. Mayor Merrill opened the public hearing. There was no one signed up to speak and Mayor Merrill closed the public hearing. Mr. Sollenberger stated that the Administration recommends adoption of proposed Ordinance No. 95-3884 on second reading. City Attorney Taylor stated that an affirmative vote of three Commissioners is required to pass proposed Ordinance No. 95-3884 on second reading. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3884 by title only. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to adopt proposed Ordinance No. 95-3884. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. Mayor Merrill stated that he has previously voted against the proposed moratorium; that an affirmative vote was cast tonight to avoid delaying adoption to a future meeting. 10. UNFINISHED BUSINESS: RECISION RE: ADOPTED MOTION OF AUGUST 7, 1995, THAT NO CITIZEN INPUT SIGN UP SHEETS ON AN AGENDA TOPIC WILL BE ACCEPTED ONCE A TOPIC HAS BEEN INTRODUCED AND THE SIGN UP SHEETS HAVE BEEN GIVEN TO THE MAYOR BY THE CITY AUDITOR AND CLERK = MOTION RESCINDED (AGENDA ITEM VII-1) #1 (1236) through (1329) Vice Mayor Cardamone stated that on August 7, 1995, the Commission passed a motion that no citizen input sign up sheets on an agenda topic will be accepted once a topic has been introduced and the sign up sheets have been given to the Mayor by the City Auditor and Clerk; that although she spoke against the motion, she voted in support; that Commissioner Patterson, who was absent when the original vote was taken, brought the item back at the September 5, 1995, meeting for further discussion and made a motion to rescind; that again, she spoke against the original motion but voted against recision; that notice was given at the September 18, 1995, meeting of her intent to change her vote at this meeting. Book 38 Page 12356 10/02/95 6:00 P.M. Book 38 Page 12357 10/02/95 6:00 P.M. Vice Mayor Cardamone cited the following reasons why a citizen's ability to address the Commission should not be limited: 1. Neighborhoods often have speakers sign up in an organized order to make a presentation and attempt to have a particular speaker who will summarize the presentation speak last. 2. People may not be prepared to speak to an item, could arrive subsequent to the item being called, or could be standing outside the Chambers and not hear the announcement of the item. 3. The Commission has established a friendly policy regarding public input, which should continue. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to rescind the motion of August 7, 1995, regarding sign up sheet submittal. Motion carried (2 to 1): Cardamone, yes; Patterson, yes; Merrill, no. 11. UNFINISHED BUSINESS: REPORT RE: STATUS OF U.S. 41 SEWER REHABILITATION (AGENDA ITEM VII-4) #1 (1330) through (1347) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Administration will provide a status report on the sewer replacement project at each Commission meeting until the construction is completed; that the project has begun and is currently on schedule. 12. NEW BUSINESS: APPROVAL RE: AUTHORIZE DAVID W. JOHNSTON ASSOCIATES, INC., LANDSCAPE ARCHITECT, TO PREPARE AN UPGRADE TO THE CONCEPTUAL KEN THOMPSON PARK MASTER PLAN - APPROVED; ADMINISTRATION TO REPORT BACK ON THE STATUS OF THE COUNTY'S POSITION REGARDING FBIP FUNDS (AGENDA ITEM VIII-1) #1 (1358) through (1844) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the conceptual master plan for Ken Thompson Park, as previously approved by the city Commission, needs to be updated to reflect the incorporation of the mammal recovery area into the Mote Marine leasehold and the inclusion of an area for loading artificial reef materialsi; that the City has also received a request to expand the Sarasota Sailing Squadron's existing leasehold; that the update is proposed in two phases; that Phase I includes quantifying and recommending uses for the remaining open space, reviewing the Squadron's request, and preparing a more definitive plan for the Park with cost estimates which can be included in the City's Capital Improvement Plan (CIP); that David Johnston, Landscape Architect, has agreed to perform the Phase I work in accordance with existing hourly contract rates for an amount not to exceed $4,000; that the Administration will make a separate request at a later date for the Phase II work, which will include determining a long range plan for the City property at Ken Thompson Park, based on input from the tenants, County Parks and Recreation Department, the City's Parks, Recreation, and Environmental Protection Advisory Board, and the City Commission; that Dr. Kumar Mahadaven, Mote Marine Laboratory, has suggested a marine theme concept for the Park. Vice Mayor Cardamone stated that the Commission has consistently voiced opposition to dedicating a portion of the Park land for the storage of rubble and debris in conjunction with the artificial reef program. Mr. Schneider stated that negotiations have been ongoing with Sarasota County regarding the size of a designated storage area at Ken Thompson Park, the length of time artificial reef material can be stored, and the storage area being limited to use by the County and the City; however, a final agreement has not been reached; that the County has taken the position that the Florida Boater Improvement Program (FBIP) funds awarded for the restoration of the New Pass Seawall at Ken Thompson Park were contingent upon continued storage availability for artificial reef material; that the Sarasota Sailing Squadron is agreeable to devoting a small fenced area for storage of artificial reef material if their request for an expanded lease is granted. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to authorize David W. Johnston Associates, Inc., to prepare an upgrade to the conceptual master plan for Ken Thompson Park and to provide cost estimates. Commissioner Patterson stated that she attended with County Commissioner Wayne Derr the lobbying effort to obtain FBIP funds for the New Pass Seawall project; that a stipulation regarding continued storage availability on Ken Thompson Park was not heard during the lobbying effort nor was such a stipulation presented to the Commission. Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Hay, Assistant City Engineer, came before the Commission. Ms. Hay, stated that the City had applied for West Coast Inland Navigation District (WCIND) and FBIP funds for the New Pass Seawall project; that after verbal approval of the amount of funds awarded had been received, the City Commission publicly voiced opposition to continued storage of artificial reef materials at Ken Thompson Park; that subsequently, the County Department of Natural Resources informed the City that since their recommendation for FBIP funds Book 38 Page 12358 10/02/95 6:00 P.M. Book 38 Page 12359 10/02/95 6:00 P.M. was based on continued use of the Park as a docking area for the artificial reef program, the County would no longer recommend the use of FBIP funds for the New Pass Seawall project if the storage area was eliminated; that while City Staff pursued a resolve with the County regarding the storage area, the seawall project proceeded and was completed; that the City received WCIND funds as the project proceeded, but requests for reimbursements from the FBIP funds could not be submitted without the appropriate paperwork from the County; that the final cost for the New Pass Seawall project was less than the anticipated estimate; that the exact cost for the project will be presented to the Commission for review; that the Commission could then make a determination on whether the Staff should continue negotiations with the County to obtain the paperwork necessary to request reimbursement of costs from FBIP funds or if alternative measures should be taken. Mr. Schneider stated that a definitive position from the County will be requested in writing; that the Administration will report back to the Commission on the issue. Mayor Merrill called for the vote on the motion to authorize David W. Johnston Associates, Inc., to prepare an upgrade to the conceptual master plan for Ken Thompson Park and to provide cost estimates. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. 13. NEW BUSINESS: APPROVAL RE: AWARD OF CONTRACT AND AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A CONTRACT TO CENTRAL FLORIDA CONTRACTORS, S. PASADENA, FLORIDA, (RFP #95-88), IN THE AMOUNT OF $39,857.50, FOR THE CONSTRUCTION OF A CONCRETE WALKWAY AT KEN THOMPSON PARK - APPROVED (AGENDA ITEM VIII-2) #1 (1846) through (1923) V. Peter Schneider, Deputy City Manager, came before the Commission, and displayed on the overhead projector an area map of Ken Thompson Park depicting the proposed pedestrian/bike paths. Mr. Schneider stated that in December 1994, the Commission authorized the City Attorney to amend the current Ken Thompson Park Master Plan to include the proposed sidewalk project; that bids for construction were received until 2:00 p.m. on September 18, 1995; that work shall be completed within 40 calendar days from the date Notice to Proceed is issued; that the Administration recommends a contract be awarded to Central Florida Contractors in the amount of $39,857.50 for completion of the work as specified. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to approve the Administration's recommendation. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. 14. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 95R-844, AUTHORIZING THE ISSUANCE UNDER THE PROVISIONS OF SECTION 210 OF THE BOND RESOLUTION (AS DEFINED HEREIN), OF NOT EXCEEDING $7,000,000 WATER AND SEWER REVENUE BONDS OF THE CITY OF SARASOTA, FLORIDA FOR THE PURPOSE OF PROVIDING FUNDS, TOGETHER WITH CERTAIN OTHER AVAILABLE FUNDS, TO PAY THE COST OF CERTAIN IMPROVEMENTS (AS HEREINAFTER SPECIFIED) TO THE CITY'S WATER AND SEWER SYSTEM; DELEGATING TO THE FINANCE DIRECTOR OF THE CITY, UNDER THE UNDER STATED HEREIN, THE AUTHORITY TO FIX CERTAIN DETAILS OF THE BONDS HEREIN AUTHORIZED, TO APPROVE THE FINAL FORM OF THE OFFICIAL STATEMENT FOR THE BONDS HEREIN AUTHORIZED AND TO TAKE ALL ACTIONS NECESSARY IN CONNECTION WITH THE PROVISIONS OF RULE 15C2-12 OF THE SECURITIES AND EXCHANGE COMMISSION APPLICABLE TO THE BONDS HEREIN AUTHORIZED, TO APPROVE THE FINAL FORM OF AND EXECUTE THE PURCHASE CONTRACT WITH THE UNDERWRITER AND TO TAKE CERTAIN OTHER ACTIONS WITH RESPECT TO SUCH BONDS; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VIII-3) #1 (1930) through (2069) Gibson Mitchell, Director of Finance, came before the Commission and stated that the 1995-96 adopted budget for Water and Sewer required a rate increase of 5% effective September 1, 1995, with an additional rate increase of 4.5% effective September 1, 1996, to fund increased operating costs of $729,745 and the additional debt service of $6,050,000 for bonding of the first three years of the Capital Improvement Program; that proposed Resolution No. 95R-844 authorizes the issuance of not to exceed $7,000,000 Water and Sewer System Revenue Bonds for the purpose of funding the required capital improvements for 1996, 1997, and 1998; that the proposed resolution also delegates authority to the Finance Director to fix all details of the bonds including the final form of the Official Statement and execution of the purchase contract. City Auditor and Clerk Robinson read proposed Resolution No. 95R-844 by title only. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to adopt proposed Resolution No. 95R-844. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. 15. BOARD APPOINTMENTS: APPOINTMENT RE: HOUSING AUTHORITY BOARD = APPOINTED JANE GROSSMAN (AGENDA ITEM IX) #1 (2069) through (2114) Mayor Merrill stated that Louise Henderson has resigned from the Housing Authority Board; that Housing Authority Board members are appointed by the Mayor with the consensus of the City Commission; that he recommends the appointment of Jane Grossman. Book 38 Page 12360 10/02/95 6:00 P.M. Book 38 Page 12361 10/02/95 6:00 P.M. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to affirm the Mayor's appointment of Jane Grossman to the Housing Authority Board. Motion carried unanimously (3 to 0): Cardamone, yes; Patterson, yes; Merrill, yes. 16. REMARKS OF COMMISBIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO INVESTIGATE AND REPORT BACK ON A PROBLEM WITH FRENCH DRAINS ON BROWNING STREET BETWEEN BRINK AVENUE AND LOCKWOOD RIDGE ROAD; CITY AUDITOR AND CLERK TO PROVIDE A REPORT ON CHAIRMAN SEATS ON THE CITY BOARDS (AGENDA ITEM X) #1 (2115) through (2295) VICE MAYOR CARDAMONE: A. stated that the streetscape project on Osprey Avenue and Hillview Street has proceeded in a proper and acceptable manner; that no complaints have been received from area residents or merchants; that the efficient effort of the Administration is appreciated. B. stated that she will not be in attendance at the October 16, 1995, regular Commission meeting. COMMISSIONER PATTERSON: A. stated that a concern was brought to her by a friend who resides on Browning Street between Brink Avenue and Lockwood Ridge Road; that the street has been scheduled for sidewalk installation; that signatures on a petition are being gathered to request that the City divert the sidewalk improvement funds toward the repair of the French Drains in the area which have been crushed by large trucks; that the sewer drainage system is no longer functional, making the area continuously, wet; and requested Commission consensus to direct the Administration to investigate the problem with the sewer drainage, quantify the cost of repair, and, if affordable and necessary, proceed with the repairs. Mayor Merrill stated that the water table gets very high in that area of the City; that complaints have been received in the past; that he strongly supports the Administration investigating the under drains in the referenced and surrounding areas. Vice Mayor Cardamone concurred. Mayor Merrill stated that there was a consensus of the Commission to have the Administration investigate the issue of French Drains or under drains in the area noted. City Manager Sollenberger stated that the issue will be addressed and a report provided to the Commission. MAYOR MERRILL: A. stated that a question has been raised regarding the lack of rotation in the Chairman seats of the City Boards; and requested the City Auditor and Clerk to provide a report. 16. OTHER MATTERS (ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #1 (2295) through (2366) CITY MANAGER SOLLENBERGER: A. stated that he intends to appoint members to a committee to study the parking situation north of Main Street as requested by the Commission when the transfer of the Second Street parking lot to the County for use as the library site at Five Points was approved; that City Staff members will serve as resources to the committee; that the Engineering Department will perform a parking study; that an item will be agendaed to discuss the scope of the committee once established; that he will proceed accordingly if there is no objection from the Commission. No objections were raised by the Commission. CITY AUDITOR AND CLERK ROBINSON: A. stated that a workshop to discuss the Conference Center is scheduled for Monday, October 9, 1995, from 4:00 p.m. to 6:00 p.m. 16. ADJOURN (AGENDA ITEM XII) #1 (2370) There being no further business, Mayor Merrill adjourned the regular meeting of October 2, 1995, at 7:06 p.m. DAVID MERRILL, MAYOR ATTEST: Balliy &: la m BILLY, E7 ROBINSON, CITY AUDITOR AND CLERK Book 38 Page 12362 10/02/95 6:00 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson, Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 707 Freeling Drive X CIrY 1 COUNTY 17 OTHER LOCAL AGENCY CITY COUNTY Sarasota Sarasota NAME OF POLITICAL: SUBDIVISION: City of Sarasota DATE ON W'HICH VOTE OCCURRED MY POSITION IS: October 2, 1995 x ELECTIVE 11 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will inçorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORMI *B 1-86 PAGF'Y IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before partiçipating. Yous should complete the form and filei it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Nora Patterson hereby disclose that on October 2, 1995 19. 95 (a) A measure came or will come before my agency which (check one) x inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Special Exception Petition No. 95-SE-09 to permit a drive-through banking facility for Century Bank located at 1680 Fruitville Road came before the commission for approval. My husband's law firm represents Century Bank. Also, Century Bank has interest in the building occupied by Flory Real Estate.,. Inc at which my real estate license is registered. 10/9/95 Hova 7e : eis Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM RR 10-X6 PAGF 2