MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 21, 1998, AT 6:00 P.M. PRESENT : Mayor Jerome Dupree, Vice Mayor Nora Patterson, Commissioners Mollie Cardamone, David Merrill, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: ADOPTED MEMORIAL RESOLUTION NO. 98R-1124, RECOGNIZING THE PASSING OF JACK BETZ, FORMER COMMISSIONER, VICE MAYOR AND MAYOR OF THE CITY OF SARASOTA, WHOSE CONTRIBUTIONS TO THE COMMUNITY WERE SIGNIFICANT AND BENEFICIAL AND ARE GREATLY APPRECIATED #1 (0030) through (0241) Mayor Dupree stated that Memorial Resolution No. 98R-1124 was formally adopted on September 9, 1998; and requested that Commissioner Cardamone, a personal friend of the Betz family, make the presentation. Commissioner Cardamone stated that the City of Sarasota Memorial Resolution No. 98R-1124 recognizes the August 24, 1998, passing of former Mayor and City Commissioner, Jack Betz, an outstanding citizen of Sarasota; and read Memorial Resolution No. 98R-1124 in its entirety. Commissioner Cardamone stated that Jack Betz was a long-time personal friend, a friend of the City, and a well-loved and respected man of the community; that some of her fondest memories include being a member of the swim team coached by Mr. Betz in his younger years. The following family members and friends came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque: John and Carol Betz, son and daughter-in-law, Buff Betz and Kirk Pedersen, daughter and son-in-law; Jackie and J.B. Betz and Callie Betz Pedersen, grandchildren; and Traci Thompson and Douglass Greene, close family friends. BOOK 45 Page 17362 09/21/98 6:00 P.M. BOOK 45 Page 17363 09/21/98 6:00 P.M. 2. PRESENTATION RE: PLAQUE OF APPRECIATION TO BILLY E. ROBINSON, CITY AUDITOR AND CLERK, ON BEHALF OF THE SARASOTA HOUSING AUTHORITY FOR HIS ASSISTANCE AND HELP TO THE AUTHORITY OVER THE YEARS #1 (0242) through (0313) Victoria Main, Executive Director, Sarasota Housing Authority (SHA) and Jane Grossman, Chairman, and Gary Hoyt, Commissioner, SHA Board, came forward. Ms. Grossman requested that Billy E. Robinson, City Auditor and Clerk, join her before the Commission; and stated that Mr. Robinson has been a good friend to the SHA for many years, giving unselfishly of his time, energy, and expertise at a moment's notice; that the SHA Board is extremely grateful. Ms. Grossman presented a plaque to Billy E. Robinson in appreciation of his dedication to the SHA. City Auditor and Clerk Robinson thanked the SHA for their Choughtfulness in recognizing his efforts. Commissioner Cardamone left the Commission Chambers at 6:12 p.m. 3. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 9, 1998 - APPROVED (AGENDA ITEM I) #1 (0342) through (0356) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the regular City Commission meeting of September 9, 1998, are approved by unanimous consent. Commissioner Cardamone returned to the Commission Chambers at 6:14 p.m. 4. BOARD ACTIONS: : REPORT RE: ADVANCE PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF SEPTEMBER 2, 1998, REGARDING MANDARIN PARK SUBDIVISION FINAL PLAT 98-SUB-01 RECEIVED; APPROVED FINAL PLAT 98-SUB-01 (AGENDA ITEM II) #1 (0356) through (0462) Jane Robinson, Director of Planning and Development, and Lou Ann Palmer, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. Palmer presented the following items from the Planning Board/Local Planning Agency's regular meeting of September 2, 1998: Mandarin Park Subdivision Final Plat 98-SUB-01 Ms. Palmer stated that on September 2, 1998, the PBLP recommended approval of the Final Plat for Mandarin Park subject to the technical revisions recommended by the Engineering Department being incorporated prior to final approval by the City Commission; that a memorandum dated September 14, 1998, from Richard Winters, Engineering Technician V, to Billy Robinson, City Auditor and Clerk, confirms the information reflected on the final plat submitted on September 4, 1998, conforms with Chapter 31 of the City Code. City Manager Sollenberger stated that the Administration recommends approval of Final Plat 98-SUB-01 based on the findings outlined in the September 14, 1998, memorandum from Richard Winters. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the PBLP report of September 2, 1998, and approve Final Plat 98-SUB-01. Motion carried unanimously (5 to 0): : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1,2,3,4, AND 5 - APPROVED (AGENDA ITEM III-A) #1 (0463) through (0487) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and John A. Hartenstine and Julia R. Hartenstine for the City to provide water and sewer service for property located at 2832 and 2850 Hillview Street 2. Approval Re: Award of Contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Florida Pipeline, Inc., Largo, Florida, (Bid #98-76H), in the amount of $52,081.94, for the construction of drainage improvements to Devonshire Lane 3. Approval Re: Authorize the Staff to advertise the amendment of the 1998-1999 CDBG Program for funds in the amount of $129,625.10 to be used for the following three projects: 1) Renovation of the Helen R. Payne Day Nursery at 1742 Dr. Martin Luther King, Jr., Way, for $75,000; 2) Expansion of the infrastructure improvement program including sidewalks and curbs in the Sevilla Park neighborhood for $24,625.10; and 3) Purchase and BOOK 45 Page 17364 09/21/98 6:00 P.M. BOOK 45 Page 17365 09/21/98 6:00 P.M. installation of four bus shelters to serve two senior centers on Cocoanut Avenue in conjunction with the streetscape project for $30,000 4. Approval Re: Contractual Service Agreement between the City of Sarasota and the Sarasota County Government for a Statewide Disaster Mitigation Strategy Project 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Performance Agreement between the City of Sarasota and Acme Towers, Inc. 1 to construct a commercial wireless elecommunications facility within the City of Sarasota on property located at 1337 Zacchini Avenue in an industrial zone district On motion of Commissioner Merrill and second of Commissioner Pillot, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 5, inclusive. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 98R-1127) POSTPONED FOR ADMINISTRATION. TO REPORT BACK WITH EVALUATION CRITERIA NOT DISADVANTAGING PROJECTS IN THE CITY OR GIVING ADVANTAGE TO PROJECTS FOR CUTTING COSTS; ITEM 2 (ORDINANCE NO. 98-4067) - ADOPTED AS AMENDED; ITEM 3 (ORDINANCE NO. 98-4071) ADOPTED; ITEM 4 (ORDINANCE NO. 98-4072) - ADOPTED; ITEM 5 (ORDINANCE NO. 98-4083) - ADOPTED (AGENDA ITEM III-B) #1 (0487) through (1887) Vice Mayor Patterson requested that Item No. 1 be removed for discussion. City Manager Sollenberger requested that Item No. 2 be removed for Staff to provide clarification. 2. Adoption Re: Second reading of proposed Ordinance No. 98-4067, to conditionally rezone from RSF-3 Zone District to OPB Zone District and to approve Final Site and Development Plan 98-PSD-E to permit construction of an office building on property located on the southeast corner of South Tamiami Trail and Datura Street, with a street address of 2010 Datura Street, Sarasota, Florida; as more particularly described herein; etc. (Title Only) (Petition Nos. 98-CO-03 & 98-PSD-E, Petitioner Charles J. Palmeri, as agent for Rodney Dessberg, Vincent Dessberg and Victor Dessberg, Jr., as owners of the real property) Sarah Schenk, City Attorney's Office, and Dennis Daughters, Director of Engineering/City Engineer, came before the Commission. Attorney Schenk stated that proposed Ordinance No. 98-4067 has been modified to require installation of a "No Right Turn" sign and relocation of the driveway onto Datura Street approximately five feet to the west, closer to U.S. 41, as directed by the Commission on September 9, 1998. Mr. Daughters stated that location of the driveway access to the subject property has been a concern of the Engineering Department since the beginning of the approval processi that Staff requested the petitioner move the driveway an additional five feet east of U.S. 41 to ensure sufficient distance was provided for vehicles turning onto Datura Street to slow down before entering the driveway; however, after further review, the Engineering Department can support relocation of the driveway five feet westerly as desired. Mr. Daughters referred to a site map displayed on the overhead projector to explain the following requirements recommended by the Engineering Department to provide compliance with the Engineering Design Criteria Manual (EDCM) and limitations on access from the driveway into the residential area: a) Allow relocation of the driveway 5 feet westerly. b) Combine 4-foot flare and 6-foot warp on west side of driveway to be 10-feet wider than the driveway throat. c) Provide 3-foot warp only on the east side of driveway to transition from the depressed curb at the driveway to the full-curb height. d) Install signage prohibiting right-turn egress from the site. City Manager Sollenberger stated that the Administration recommends adoption of proposed Ordinance No. 98-4067 as outlined by Mr. Daughters. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4067 by title only. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to adopt proposed Ordinance No. 98-4067 as modified in the recommendations set forth by the City Engineer. Commissioner Cardamone stated that simply installing signage will not prohibit traffic from exiting the subject property, turning right, and traveling through the residential neighborhood; that the potential of reconfiguring the driveway was discussed at the September 9, 1998, regular Commission meeting. BOOK 45 Page 17366 09/21/98 6:00 P.M. BOOK 45 Page 17367 09/21/98 6:00 P.M. Mr. . Daughters stated that an angled driveway would prevent vehicles traveling east on Datura Street from accessing the property and, because of the short distance from U.S. 41, encourage vehicles traveling west to turn quickly into the driveway without considering the potential of oncoming traitic; that motorists often disregard the purpose for which driveways are angled; that a perpendicular driveway encourages motorists to assess the danger of oncoming traffic before turning. Mr. Daughters continued that the Engineering Department initially suggested the location of the building and parking on site be flipped to distance the driveway further from the intersection of U.S. 41; however, this was not acceptable to the petitioner. Commissioner Cardamone stated that focus has been given to prohibiting curb cuts on U.S. 41 and Fruitville Road, which promotes increased traffic on residential streets; that traffic should be discouraged from exiting the subject property onto Datura Street and encouraged to exit onto U.S. 41. Mr. Daughters stated that the City attempts to achieve a delicate balance between affecting the capacity on an arterial roadway, e.g., U.S. 41 or Fruitville Road, and increasing traffic on residential streets; that allowing an excessive number of curb cuts or commercial driveways on an arterial roadway will negatively affect traffic capacity, potentially forcing construction of additional travel lanes; that locating commercial driveways on side streets close to an arterial roadway has worked well; that motorists who have the desire will turn right and travel through the neighborhoods regardless of the type of mitigation device installed. Commissioner Merrill stated that the concept of locating commercial driveways on side streets close to the arterial roadway is supported; however, the intensity of use should be carefully considered and discretion used when approving side-street driveways; that neighborhood residents who frequent Kash N' Karry benefit from the location of a commercial driveway on Prospect Street; that rear-end collisions are likely when vehicles stop short to access commercial driveways located on arterial roadways; that there is only the potential of traffic increasing in neighborhoods if the commercial driveways are located on the side streets. City Auditor and Clerk Robinson restated the motion as to adopt proposed Ordinance No. 98-4067 with the following modifications: : a) Allow relocation of the driveway 5 feet westerly. b) Combine 4-foot flare and 6-foot warp on west side of driveway to be 10-feet wider than the driveway throat. c) Provide 3-foot warp only on the east side of driveway to transition from the depressed curb at the driveway to the full-curb height. d) Install signage prohibiting right-turn egress from the site. Commissioner Merrill stated that the proposed use for the subject property is not high intensity; that motorists tend to ignore signage that is not enforced; that requiring installation of a "No Right Turn" sign, was advocated by Shannon Snyder, President, Southeast Sarasota Neighborhood Association, and agreed to by the agent for the petitioner, therefore, will be supported; however, neighborhood residents should not be inconvenienced, required to access U.S. 41, or restricted in turning movement when attempting to frequent commercial properties, i.e., Kash N' Karry. Mr. Daughters stated that restricted turning movements are considered more often for driveways which will receive little use from the adjacent neighborhood. Vice Mayor Patterson stated that preventing all traffic from traveling on neighborhood streets and requiring neighborhood residents to access a major thoroughfare to travel only a few blocks will create more of a suburban feeling and less of the small town feeling the City is attempting to maintain; that discretion is essential when reviewing curb cut requests. Commissioner Cardamone stated that neighborhood residents benefit from the side-street access provided to stores at Midtown Plaza; that the majority of patients using the proposed medical facility will not reside in but cut through the neighborhood to access a street with a traffic signal; that such activity should be strongly discouraged. Commissioner Pillot stated that the patients traveling to or from the east who are attempting to enter or exit the proposed medical facility are likely to utilize another neighborhood street if a right turn onto Datura Street is prohibited. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to amend the motion by deleting the fourth modification concerning installation of signage prohibiting right-turn egress from the site. Motion carried (3 to 2): Cardamone, no; Merrill, yesi Patterson, yes; Pillot, yesi Dupree, no. City Auditor and Clerk Robinson restated the main motion as to adopt proposed Ordinance No. 98-4067 with the following modifications: BOOK 45 Page 17368 09/21/98 6:00 P.M. BOOK 45 Page 17369 09/21/98 6:00 P.M. a) Allow relocation of the driveway 5 feet westerly. b) Combine 4-foot flare and 6-foot warp on west side of driveway to be 10 feet wider than the driveway throat. c) Provide 3-foot warp only on the east side of driveway, which is necessary to transition from the depressed curb at the driveway to the full- curb height. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the main motion as amended. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. City Auditor and Clerk Robinson read proposed Ordinance Nos. 98-4071, 98-4072, and 98-4083 by title only. 3. Adoption Re: Second reading of proposed Ordinance No. 98-4071, to vacate an unopened platted right-of-way known as Buffalo Lane, which is approximately twenty-five feet in width and located between 1096 and 1120 North Washington Boulevard, running easterly from its intersection with North Washington Boulevard for approximately fifty-four feet to its termination, as more particularly described herein; repealing ordinances in conflict; etc. (Title Only) (Petition No. 98-SV-05, Petitioner Ray Williams) 4. Adoption Re: Second reading of proposed Ordinance No. 98-4072, to conditionally rezone from RMF-5 Zone District to TAD Zone District and to approve Development Plan 98-DPR-F to permit the construction of an office building on the following described property: Lot 12 and Lot 14, Block 22, Plat of Sarasota, with a street address of 1241 and 1249 Fruitville Road, Sarasota, Florida; more particularly described herein; etc. (Title Only) (Petition Nos. 98-CO-04 & 98-DPR-F, Petitioner Patrick McManus, President of McManus Custom Homes, as agent for Ionie Samuels, as owner of the real property) 5. Adoption Re: Second reading of proposed Ordinance No. 98-4083, amending Ordinance No. 98-4062 which amended Chapter 37 of the Sarasota City Code, Water and Sewers; providing for the re-establishment and adjustment of reclaimed water rates for the purpose of expanding, repairing, operating and maintaining the reclaimed water system of the City of Sarasota by re-establishing and amending rates for reclaimed water consumed; providing for repealing ordinances in conflict; etc. (Title Only) On motion of Commissioner Cardamone second of Commissioner Pillot, it was moved to adopt Consent Agenda No. 2, Item Nos. 3, 4, and 5. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 1. Adoption Re: Proposed Resolution No. 98R-1127, authorizing the submission of Amended Local Housing Assistance Plans for the Sarasota State Housing Initiatives Partnership Program (SHIP); setting forth findings; authorizing its execution by the Mayor; etc. (Title Only) Vice Mayor Patterson stated that Cathy Layton has requested to speak to this item concerning the Tax Credit Program about which the Commission is not provided details in the Agenda materials but, apparently, were provided a memorandum from City Manager Sollenberger regarding the issue; that point evaluation criteria developed by the Office of Housing and Community Development has not been presented to nor reviewed by the Commission; that the criteria referenced by Ms. Layton raises questions as to the desired outcomes for the City and County; that the issue requires a policy decision by the Commission; that a copy of the evaluation schedule should be provided and discussion by the Commission held. Vice Mayor Patterson continued that the proposed work plan in the Agenda materials repetitively refers to various percentages of one staff member necessary to meet demands in the Office; that the total number of additional staff members being approved is not provided; that the need to fund half of one staff member to implement an Impact Fee Mitigation program which will provide a $43 per month credit to approximately 50 individuals is not understood; that administering the program routinely when applicants file other documentation seems more appropriate. Vice Mayor Patterson further stated that items requiring policy decisions and detailed review should not be placed on the Agenda under Consent Agenda No. 2. Commissioner Cardamone agreed; and stated that additional information should be provided and discussion held by the Commission at a later date. City Manager Sollenberger stated that the staffing requirements referenced in the work plan are consistent with those presented during the FY 98/99 budget. BOOK 45 Page 17370 09/21/98 6:00 P.M. BOOK 45 Page 17371 09/21/98 6:00 P.M. Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the work plan provided in the Agenda material was initially provided to the Commission when approval of the Interlocal Agreement with Sarasota County was requested; that the staffing levels were presented in the FY 98/99 budget materials; that verification by a third party that the income of each individual requesting impact fee mitigation is low and moderate requires a separate application process and applies not only to impact fees associated with the purchase of new homes but also impact fees associated with connection to water and sewer; that an effort has been made to reduce the number and discourage concentration of affordable housing rental units being constructed in the City, as he interpreted was the Commission's desire. Vice Mayor Patterson stated that criteria by which State Housing Initiatives Partnership (SHIP) funds will be made available to applicants for impact fee mitigation, which requires a policy decision, has not been brought to nor discussed by the Commission; that the point evaluation criteria, provided to her by Ms. Layton, references priority points for lower construction costs per unit. Vice Mayor Patterson continued that additional information should be provided in hard copy and discussion regarding the issue scheduled on a future Agenda. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to postpone action regarding Resolution No. 98R-1127 until the next possible meeting for the Administration to present for review evaluation criteria which does not give a disadvantage to projects in the City. Vice Mayor Patterson stated that the point evaluation criteria currently developed provides priority points for constructing something at a lower price per unit; that affordable housing is based on the rate of rent; that the Tax Credit Program alone requires lower construction costs; that, for example, expenditure of an additional few thousand dollars could have provided architectural interest to Orchard Place, on Lockwood Ridge Road near 17th Street, which has a very plain and institutional appearance; that contractors should not be encouraged nor priority points given to design structures sparingly or as impersonal and uninteresting as possible; that the point evaluation criteria should also be examined when the Administration reports back to the Commission. Commissioner Pillot, as maker of the motion, and Commissioner Cardamone, as seconder, agreed to include presentation of evaluation criteria that does not provide advantage to projects simply for cutting costs. Commissioner Cardamone stated that proposed Resolution No. 98R- 1127 would add additional work programs to expand the Down Payment Assistance and Housing Rehabilitation Programs, establish a program to create additional rental units in Sarasota County through the federal Tax Credit Program, and establish a fund for the payment of impact fees for low-income individuals; that details on the various programs should be provided when the Administration reports back. Mayor Dupree stated that neighborhood representatives have been advocating against construction of multiple-family rental dwellings primarily in terms of absentee landlords; that a provision allowing for construction of multiple-family rentals when neighborhood support exists should be developed. Vice Mayor Patterson stated that awarding points based on compatibility and neighborhood interaction would provide discretion to the neighborhood and the elected officials; that the entire point system should be brought back to the Commission for review. Commissioner Pillot stated that was the intent of the motion. The following person came before the Commission: Cathy Layton, 1900 Lincoln Drive (34236) stated that her concerns were adequately expressed by Vice Mayor Patterson; therefore, her comments will be reserved pending the outcome of the Administration's directives. City Auditor and Clerk Robinson restated the motion as to postpone action on Resolution No. 98R-1127 until the first meeting possible for the Administration to report back with evaluation criteria which will not cause a disadvantage to projects in the City or give advantage to projects for cutting costs. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Dupree 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. BOOK 45 Page 17372 09/21/98 6:00 P.M. BOOK 45 Page 17373 09/21/98 6:00 P.M. 7. SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4084, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING ON SEPTEMBER 30, 1999; SAID BUDGET TO INCLUDE THE GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUNDS, ENTERPRISE FUNDS, INTERNAL SERVICE FUNDS, THE CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CURRENT EXPENSES AND CAPITAL EXPENDITURES OF THE WATER AND SEWER UTILITY SYSTEM OF THE CITY OF SARASOTA, EACH BEING SPECIFICALLY IDENTIFIED HEREIN; ASSESSING AND LEVYING AD VALOREM TAXES FOR CALENDAR YEAR 1998; SPECIFYING THE AD VALOREM TAX MILLS TO BE LEVIED AND ASSESSED FOR PURPOSES OTHER THAN BONDED-DEBT SERVICE; SPECIFYING THE AD VALOREM TAX MILLS LEVIED AND ASSESSED FOR BONDED-DEBT SERVICE; MAKING APPROPRIATIONS FROM THE AD VALOREM TAX REVENUES COLLECTED IDENTIFYING THE BUDGETS AND AMOUNT OF THE AD VALOREM TAX REVENUES WHICH ARE APPROPRIATED FOR THE PURPOSES ENUMERATED HEREIN; APPROPRIATING MISCELLANEOUS REVENUES AND SURPLUS REVENUES FOR THE PURPOSES STATED; INSTRUCTING THE FINANCE DIRECTOR TO KEEP ACCOUNTS sO AS TO ASSURE THE PROPER UTILIZATION OF FUNDS APPROPRIATED TO A PARTICULAR USE OR PURPOSE: APPROPRIATING FUNDS FOR OTHER EXPENSES AND EXPENDITURES: PROVIDING FOR THE DESIGNATION OF A RESERVATION OF FUND BALANCE FOR ENCUMBRANCES AND THE REAPPORTIONING OF FUNDS AT THE END OF FISCAL YEAR 1998-99; PROVIDING THAT A NET SURPLUS, AFTER REAPPORTIONING OF FUNDS, SHALL BE AVAILABLE FOR APPROPRIATION FOR THE ENSUING FISCAL YEAR; APPROPRIATING ALL FUNDS RECEIVED FROM THE STATE OR FEDERAL GOVERNMENT FOR USES AUTHORIZED BY APPLICABLE LAW: APPROPRIATING ALL MISCBDEANEOUS REVENUES NOT OTHERWISE IDENTIFIED IN THIS ORDINANCE AND SURPLUS REVENUES FROM EACH REVENUE SOURCE FOR OPERATING EXPENSES OF THE CITY OF SARASOTA UP TO AND INCLUDING THE TOTAL AMOUNTS APPROPRIATED HEREBY OR AS MAY BE SUBSEQUENTLY PROVIDED BY THE CITY COMMISSION: RESTRICTING THE USE OF DEBT SERVICE TAXES ONLY FOR THE PURPOSES FOR WHICH APPROPRIATEDI INSTRUCTING THE FINANCE DIRECTOR TO PROCEED TO COLLECT ALL REVENUES DUE THE CITY OF SARASOTA, INCLUDING AD VALOREM TAXES LEVIED HEREBY AND INITIALLY COLLECTED BY THE TAX COLLECTOR FOR SARASOTA COUNTY, FLORIDA; AUTHORIZING THE FINANCE DIRECTOR TO PAY OUT MONIES COLLECTED PURSUANT TO THIS ORDINANCE FOR THE PURPOSES STATED; REQUIRING PAYMENTS ON WARRANT OF THE CITY AUDITOR AND CLERK, COUNTERSIGNED BY THE CITY MANAGER, WHEN REQUIRED BY THE CHARTER OF THE CITY OF SARASOTA; APPROPRIATING FUNDS RECEIVED FROM THE TREASURER OF THE UNITED STATES AND ANY BALANCE REMAINING AT THE END OF ANY FISCAL YEAR AS FUNDING UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. - ADOPTED (TITLE ONLY) AND 8. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 98R-1118, CERTIFYING TO THE PROPERTY APPRAISER AND THE TAX COLLECTOR OF SARASOTA COUNTY THE RATES OF MILLAGE TO BE LEVIED BY THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, ESTABLISHING THE GENERAL FUND OPERATING MILLAGE AT 2.6624 WHICH IS 13.27 PERCENT LOWER THAN THE ROLLED-BACK MILLAGE RATE OF 3.0696, ESTABLISHING THE DEBT SERVICE MILLAGE AT .9486; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-1) #1 (1848) through (3086) Gibson Mitchell, Director of Finance, came before the Commission and stated that this is the second of two required public hearings for the adoption of the budget; that proposed Ordinance No. 97-4084 adopts a budget for the City of Sarasota for the fiscal year beginning October 1, 1998, and ending on September 30, 1999; that the current operating millage of 3.1949 will be reduced by 16.67 percent to 2.6624 mills and yield a net ad valorem tax revenue for the General Fund of $7,790,093, which is a decrease of $1,144,882 compared to the FY 97/98 budget; that the operating millage of 2.6624 mills is used to fund the following: City Operations $6.258 million 2.1388 mills County Fire Subsidy $1.532 million .5236 mills Mr. Mitchell continued that the Truth in Millage (TRIM) Bill requires the City to state the proposed operating millage rate for ad valorem taxes in terms of an increase or decrease from the rolled-back rate; that the rolled-back rate is the millage rate necessary to yield the same ad valorem tax revenue as generated for the prior year, FY 97/98; that the Preliminary Certification of Taxable Value in the City received from the Sarasota County Property Appraiser is $3,245,928, - 724 or a 5.5 percent increase over last year's taxable value; that the rolled-back rate is 3.0696 mills; that the proposed operating millage rate of BOOK 45 Page 17374 09/21/98 6:00 P.M. BOOK 45 Page 17375 09/21/98 6:00 P.M. 2.6624 mills for FY 98/99 is a 13.27 percent decrease from the rolled-back rate. Mr. Mitchell continued that the voted debt service millage is calculated at 0.9486 mills, an 8.68 percent decrease from the current level of 1.0388 mills; that the total millage required to finance the FY 98/99 budget is 3.6100, a 0.6237 decrease from the FY 97/98 millage rate of 4.2337; that the effect of the millage reduction to an owner of property with a taxable value of $88,741, the average taxable value in the City after applying the $25,000 Homestead Exemption, would be a decrease in taxes of $55.26 or a reduction of 14.71 percent. Mr. Mitchell further stated that General Fund expenditures for FY 98/99 total $33,242,143, which is an increase of $477,000 compared to FY 97/98. Mr. Mitchell stated further that proposed Resolution No. 98R-1118 certifies the millage rates to be levied by the City of Sarasota for the fiscal year beginning October 1, 1998, and ending September 30, 1999, and must be read and adopted prior to the final reading and adoption of proposed Ordinance No. 98-4084. Mayor Pillot stated that the City's millage rate will decrease; however, a property owner may not experience a 14.71 percent reduction in City taxes if, for example, the non-exempt valuation of their property has increased or increases are imposed by other taxing authorities; that the TRIM Bill requires all taxing authorities advertise changes in taxes for public review. Mr. Mitchell stated that is correct. Vice Mayor Patterson asked the number of consecutive years the City's millage rate has been reduced? Mr. Mitchell stated five years. City Manager Sollenberger stated that the City of Sarasota will have the lowest operating millage rate and the fifth lowest combined operating and debt service millage rate among the 35 cities in the State of Florida with a population of 50,000 or greater; that further reduction in the millage rate is anticipated for FY 99/2000, the final year of phasing in tax reductions from consolidation of Fire/Rescue operations with Sarasota County; that the difference in the amount of taxes paid by City versus County property owners has also been reduced. Commissioner Cardamone stated that the City of Sarasota should be proud of the distinction. Vice Mayor Patterson stated that she is proud of the distinction; however, the budgets for many if not most of the 35 cities with populations of 50,000 or greater include the operation of a fire department; that City of Sarasota taxpayers are also levied a fire fee which is separate and aside from the millage rate imposed. Commissioner Merrill stated that the lower millage rate is also the result of other services being consolidated with Sarasota County, e.g., the Park and Recreation Department and Stormwater Environmental Utility; that three to two votes regarding allocation of funding for social services, children services, and charities have been common on the City Commission over the past seven years; that the majority position to avoid funding social services has been supported based on the argument the services should be provided by the County; that, hopefully, future Commissions and residents will remember the County provides many services for the City and taxes City property owners separately for providing those services. Commissioner Cardamone stated that the millage rate has been reduced by more than 50 percent during Vice Mayor Patterson's and Commissioner Merrill's tenure on the Commission; that funding for social services will be a campaign issue; that citizens who enjoy the lower millage rate should question candidates' positions on providing funding for social services. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1118 by title only. City Manager Sollenberger stated that the Administration recommends authorization for the Mayor and City Auditor and Clerk to sign proposed Resolution No. 98R-1118. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to adopt Resolution No. 98R-1118. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4084 by title only. City Manager Sollenberger stated that the Administration recommends adoption of proposed Ordinance No. 98-4084. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to adopt proposed Ordinance No. 98-4084. Mayor Dupree requested that City Auditor and Clerk Robinson BOOK 45 Page 17376 09/21/98 6:00 P.M. BOOK 45 Page 17377 09/21/98 6:00 P.M. proceed with the roll-call vote. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. Commissioner Pillot stated that the Administration prepared a clear, concise, detailed but easy-to-read budget document which is available for public viewing; that the budgets prepared by the City of Sarasota have been awarded national recognition consecutively for the past eight years. Commissioner Cardamone stated that copies of the brochure prepared by the Finance Department which outlines the City's FY 98/99 budget are available in the Agenda bins at the entrance to the Commission Chambers. Vice Mayor Patterson stated that the efforts of Mr. Mitchell, Christopher Lyons, Deputy Finance Director, and the Finance Department Staff, who have shown endless patience at the Commission table in answering questions and in private when assisting her to understand complex issues, are appreciated and commended. Mayor Dupree stated that the Commission extends appreciation for the efforts put forth by the Finance Department in preparing the FY 98/99 budget. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4091, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1675 OAK STREET HISTORICALLY KNOWN AS THE JEROME K. MARTIN HOUSE AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA: MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 98-HD-04, PETITIONER ROBIN L. SCHMIDT, OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (3000) through (3527) Jane Robinson, Director of Planning and Development, and Lorrie Muldowney, Sarasota County Historical Resources Specialist, came before the Commission. Ms. Muldowney stated that based on a review by staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommended historic designation of the structure known as the Jerome K. Martin House, located at 1675 Oak Street, which meets the following criterion listed under Section 15-14 (1) of the Zoning Code: (a) Exemplifies and reflects the broad cultural, political, economic and social history of the City of Sarasota. Ms. Robinson stated that proposed Ordinance No. 98-4091 approves a request for the historic designation of the structure known as the Jerome K. Martin House. Robin Schmidt, petitioner, came before the Commission and stated that she and her husband have owned and lived at the subject property for five years; that comments from several people regarding the historical charm of the neighborhood and the house have prompted the request for historic designation. Ms. Schmidt gave a slide presentation of various photographs to reference the location and to explain the following characteristics and features of the Jerome K. Martin House: : gabled partial porch, a front-facing, as well as a side-facing gable, exposed rafter tails, one over one double-hung sash windows, and four-foot-tall casement windows in the Florida room. Ms. Schmidt stated that the house, which was built in the early 1930s, is typical of the Depression Era; that the structure is a one story frame vernacular Craftsman style bungalow; that the windows are all original except for two windows in the rear northeast corner of the house which were added later but are consistent with historic construction. Ms. Schmidt continued that she and her husband are interested in preserving the historical qualities of the neighborhood as well as encouraging pride of ownership of historic structures and owner occupancy in the Downtown. Mayor Dupree asked for clarification of both the benefits and the responsibilities associated with historic designation of a structure. Ms. Muldowney stated that benefits include: receipt of a plaque, pride of ownership, and relief from the City of Sarasota Building and Zoning Codes in areas other than life safety; that flexibility is also provided in flood zone areas, allowing historically designated structures destroyed by flood, high-water, or hurricane to be rebuilt; that annually in May owners of structures historically designated during the preceding year are honored during National Historic Preservation Week. Ms. Muldowney continued that responsibilities include submittal of and approval by the City's Historic Preservation Board for any work being performed which requires a permit; that the Historic Preservation Board is comprised of design professionals in the field of Architecture and Engineering with background in historic preservation, who offer assistance in creatively resolving problems with compliance. BOOK 45 Page 17378 09/21/98 6:00 P.M. BOOK 45 Page 17379 09/21/98 6:00 P.M. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4091 by title only. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 98-4091 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4092, PROVIDING FOR THE STRUCTURE LOCATED AT 1330 MAIN STREET HISTORICALLY KNOWN AS THE AMERICAN NATIONAL BANK AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 98-HD-05, PETITIONER MIKKI HARTIG, REPRESENTING THE FOLEY HOLDING CORP. JAY FOLEY, PRESIDENT) PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (3258) through #2 (0116) Jane Robinson, Director of Planning and Development, and Lorrie Muldowney, Sarasota County Historical Resources Specialist, came before the Commission. Ms. Robinson stated that proposed Ordinance No. 98-4092 approves a request for the historic designation of the structure known as the American National Bank located at 1330 Main Street, as recommended unanimously by the Historic Preservation Board. Ms. Muldowney stated that the American National Bank, presently identified as the Orange Blossom Hotel, is a Sarasota landmark; that the building was constructed in 1926 and is Classical or Neo-Classical Revival in style; that staff from Sarasota County Department of Historical Resources recommended historic designation of the structure located at 1330 Main Street to the Historic Preservation Board based on the following criteria listed under Section 15-14 (1) of the Zoning Code: (a) Exemplifies and reflects the broad cultural, political, economic and social history of the City of Sarasota. (e) Represents the work of a designer who has been generally acknowledged. Mikki Hartig, Historical and Architectural Research Services, representing Foley Holding Corp., Jay Foley, President, came before the Commission and stated that the recent loss of the John Ringling Towers makes historic designation of the American National Bank, located in the heart of Downtown, of greater importance; that the American National Bank was the second skyscraper built in the City; that two other early skyscrapers, the Sarasota Hotel and the Southeast Bank Building, both dating back to the same period and located in close proximity to the American National Bank, have been significantly modified within the past 30 years; that demolition of the Southeast Bank Building is likely within the next two years; that Mr. Foley should be commended for his efforts in rehabilitating and attempting to permanently preserve the integrity of the American National Bank. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4092 by title only. Vice Mayor Patterson stated that the community should thank Mr. Foley for the restoration; that the building is aesthetically pleasing and an asset to the City. Mayor Dupree stated that the Commission extends gratitude for the efforts put forth by Mr. Foley. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4092 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4092, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1330 MAIN STREET HISTORICALLY KNOWN AS THE AMERICAN NATIONAL BANK AS A STRUCTURE OF HISTORICAL SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 98-HD-05, PETITIONER MIKKI HARTIG, REPRESENTING THE FOLEY HOLDING CORP. JAY FOLEY, PRESIDENT) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (3528) through #2 (0116) BOOK 45 Page 17380 09/21/98 6:00 P.M. BOOK 45 Page 17381 09/21/98 6:00 P.M. Jane Robinson, Director of Planning and Development, and Lorrie Muldowney, Sarasota County Historical Resources Specialist, came before the Commission. Ms. Robinson stated that proposed Ordinance No. 98-4092 approves a request for the historic designation of the structure known as the American National Bank located at 1330 Main Street as recommended unanimously by the Historic Preservation Board. Ms. Muldowney stated that the American National Bank, presently identified as the Orange Blossom Hotel, is a Sarasota landmark; that the building was constructed in 1926 and is Classical or Neo-Classical Revival in style; that Staff from Sarasota County Department of Historical Resources recommended historic designation of the structure located at 1330 Main Street to the Historic Preservation Board based on the following criteria listed under Section 15-14 (1) of the Zoning Code: (a) Exemplifies and reflects the broad cultural, political, economic and social history of the City of Sarasota. (e) Represents the work of a designer who has been generally acknowledged. Mikki Hartig, Historical and Architectural Research Services, representing Foley Holding Corp., Jay Foley, President, came before the Commission and stated that the recent loss of the John Ringling Towers makes historic designation of the American National Bank, located in the heart of Downtown, of greater importance; that the American National Bank was the second skyscraper built in the City; that two other early skyscrapers, the Sarasota Hotel and the Southeast Bank Building, both dating back to the same period and located in close proximity to the American National Bank, have been significantly modified within the past 30 years; that demolition of the Southeast Bank Building is likely within the next two years; that Mr. Foley should be commended for his efforts in rehabilitating and attempting to permanently preserve the integrity of the American National Bank. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4092 by title only. Vice Mayor Patterson stated that the community should thank Mr. Foley for the restoration; that the building is aesthetically pleasing and an asset to the City. Mayor Dupree stated that the Commission extends gratitude for the efforts put forth by Mr. Foley. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4092 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 12. CITIZENS I INPUT CONCERNING CITY TOPICS - AUTHORIZED USE OF CITY'S LANDSCAPE ARCHITECT IN NOMINATING HISTORIC LANDSCAPE DESIGN ON ST. ARMANDS FOR DESIGNATION ON NATIONAL REGISTER; ADMINISTRATION DIRECTED TO: 1) PREPARE A RESOLUTION EXPRESSING COMMISSION SUPPORT FOR NOMINATION OF ST. ARMANDS LANDSCAPE PLAN TO NATIONAL REGISTER AND 2) ASSIST CHARLES SENF IN OBTAINING REQUESTED PUBLIC RECORDS (AGENDA ITEM VI) #2 (0116) through (1150) The following people came before the Commission: Nancy Cook, 444 North Washington Drive (34236) representing St. Armands Residents Association Mikki Hartig, Historical and Architectural Research Services 3708 Flores Avenue (34239) and Lorrie Muldowney, Historical Resources Specialist, 2709 Temple Street (34239) came before the Commission. Ms. Cook stated that for several years, the Board of Directors of the St. Armands Residents Association has considered pursuing a project to assist in preserving the general feel of the island; that Ms. Hartig was hired to assist the Association by researching and completing preliminary work necessary to historically designate the landscape plan of St. Armands, which meets required criteria of the National Register; that Ms. Muldowney of the Sarasota County Department of Historical Resources, an archivist from The John and Mable Ringling Museum of Art, and a curator who is an expert in 1920s landscaping, have volunteered their assistance; that the project has been funded by private donations, which are limited; that technical assistance from a landscape architect is necessary to complete the topography required for submittal of a nomination to the State; that establishing a public/private partnership whereby the services of the City's contracted landscape architect could be utilized on the project is desired. Ms. Hartig stated that the State historic preservation office encourages nomination of the original plat of Harding Circle, St. Armands Circle, and the radiating parkways and causeways; that City Administration has been supportive of the project; that David Johnston, landscape architect, indicated data from prior BOOK 45 Page 17382 09/21/98 6:00 P.M. BOOK 45 Page 17383 09/21/98 6:00 P.M. re-landscaping projects on St. Armands is on file; therefore, the expense would be minimal; that the Commission is requested to donate the services of David Johnston Associates, Inc., to assist in preparing the nomination of an historic landscape design. City Manager Sollenberger stated that Mr. Johnston estimated the cost for services at $1,200 to $1,500; that the Administration supports the request of the St. Armands Residents Association. Vice Mayor Patterson asked if historic designation of a landscape plan prohibits change in plant materials? Ms. Hartig stated that changes in plant material or installation of additional circus plaques or benches would require review by the Historic Preservation Board if the landscape plan were designated on the local register; however, restrictions on plant materials, etc., are not imposed when landscape plans are designated on the National Register; that historic designation on the National Register affords the original landscape plan official recognition of prestige as an historic site and Federal protection from destruction. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to authorize use of the City's contracted landscape architect to assist in preparing documentation associated with nomination of an historic landscape plan on St. Armands. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Ms. Hartig requested Commission consideration of expressing support for the nomination project by resolution. Mayor Dupree stated that hearing no objections, the Administration is directed to prepare a resolution expressing Commission support for the nomination of an historic landscape plan on St. Armands. Johnny Nugent, 400 North Tamiami Trail (34236), stated that traffic citations are being placed on vehicles parked entirely or partially on the grass areas at Centennial Park; that relocating Siesta Key Fish Market to Centennial Park would further limit parking, which is currently inadequate for the boat ramps, and is not supported. Mr. Nugent continued that Sarasota Save Our Parks, a political action committee, is collecting signatures to a petition supporting an amendment to the Sarasota County Charter which would require a referendum vote before any public park land could be sold or leased for more than one year for private, commercial use; that copies of the flyer and petition being distributed to the public were provided to the City Commission. Commissioner Cardamone stated that the Commission is aware of problems with parking at Centennial Park; that Sarasota County has been requested to research potential sites at which new boat ramp facilities could be constructed. Mr. Nugent stated that an additional boat ramp facility should be constructed; however, shared-parking with a nearby facility, e.g., Van Wezel Performing Arts Hall: or at Bayfront Park, should be considered to address the parking problems occurring at Centennial Park on Saturdays and Sundays. Charles Kevin Senf, 2346 Pelican Drive (34237), stated that difficulties have been experienced obtaining copies of public information and records on behalf of the Alta Vista Park Neighborhood Association; that an opportunity to review the manual on uniform traffic control devices was requested approximately two months ago; that, apparently, the Engineering Department does not have a copy of the manual; that several letters and facsimiles have been forwarded and telephone calls made to various City departments in an attempt to obtain information regarding service orders and changes to traffic control devices on Myrtle Street. Mr. Senf continued that in one instance, an employee who was able to access requested information on the computer refused to provide the information to him without authorization from her supervisor, who had left early for the day; that after a week had passed without receiving the information, he made contact again with the same employee, who indicated his request had been forwarded to her supervisor, the supervisor was unavailable at that time, but the status of the request would be researched; that the following day, the employee, upon direction of her supervisor, contacted him and indicated the information would have to be requested from another departmenti, that the customer service received does not promote "a small town living and feeling. Mr. Senf further stated that difficulty has also been experienced in obtaining a list of the 900 property owners in the area represented by the Alta Vista Neighborhood Association; that the information was originally requested two months and eight days ago to assist in proper distribution of a neighborhood newsletter. Commissioner Pillot asked if expending public funds to provide mailing lists for private organizations is a City responsibility? City Attorney Taylor stated that the City is required to provide copies of documents on file upon request; however, preparation of a mailing list not on file would not be considered a public records request. BOOK 45 Page 17384 09/21/98 6:00 P.M. BOOK 45 Page 17385 09/21/98 6:00 P.M. Vice Mayor Patterson stated that the Commission is encouraging the formation of neighborhood associations to work with the City; that the Alta Vista Neighborhood Association is newly formed; therefore, the City may not have a mailing list compiled; that a member of the Association who is a realtor could easily generate an owners report by defining and inputting street parameters into a real estate computer. Mr. Senf stated that the City has provided the Association with an MSWord document on diskette; however, the data is formatted as mailing labels; that his time has been offered to assist in converting the data to a format more easily transferred electronically; that the issue seems to be a communications problem. Mr. Senf submitted a copy of a letter addressed to the City Manager's Office dated July 29, 1998, regarding his requests for information; and stated that a response to the letter has yet to be received. City Attorney Taylor stated that the issues should be referred to the Administration for review; that the City is obligated to produce data considered a public record. Commissioner Cardamone stated that Mr. Senf should deal directly with the Office of the City Auditor and Clerk. Commissioner Merrill stated that Mr. Senf should be assisted in obtaining the requested information. Vice Mayor Patterson stated that assistance should be provided to Mr. Senf without expending substantial Staff resources. Mr. Senf stated that City employees should be educated in the process of releasing public records upon request. City Manager Sollenberger stated that the data requested is public information; and requested the names of the employee and supervisor as well as the departments with which Mr. Senf experienced difficulties be provided sO efforts can be made to prevent similar instances from occurring in the future. City Manager Sollenberger continued that the letter submitted by Mr. Senf is addressed to "Sarasota City of, City Manager, Ringling Boulevard" and was not received; however, the City Engineer has responded to inquiries by Mr. Senf. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that he responded to a multitude of Mr. Senf's e-mail inquiries personally; that a department head's responding to inquiries on the weekend should provide a small town living and feeling; that service request information was faxed to Mr. Senf the day after the Engineering Department received his request; that Mr. Senf was personally informed copies of the manual on uniform traffic control devices are on file and can be viewed in the Engineering Department. 13. UNFINISHED BUSINESS: REPORT RE: RESPONSE TO INQUIRY FROM MS. MARY QUILLIN CONCERNING THE LIBRARY PARKING AND COCOANUT AVENUE BICYCLE LANE STRIPING - ADMINISTRATION TO FORWARD A LETTER TO SARASOTA COUNTY REGARDING SHARED PARKING AT THE NEW SELBY LIBRARY (AGENDA ITEM VII-1) #2 (1147) through (1537) City Manager Sollenberger stated that the Commission requested a response to inquiries from Mary Quillin regarding parking at the new Selby Library at Five Points and striping of bicycle lanes on Cocoanut Avenue; that the Administration's public response was postponed from the regular Commission meeting of September 9, 1998, and placed on tonight's Agenda; that the issues raised by Ms. Quillin were addressed in the City Manager's Commission Information Memorandum dated July 27, 1998. City Manager Sollenberger continued that Ms. Quillin referenced the position of the bicycle lane on Cocoanut Avenue at the Fruitville Road intersection, located between the right-turn lane and straight lane, as unacceptable; that the Engineering Department reported that the bicycle lane striping complies with Florida Department of Transportation (FDOT) bicycle facilities standards as set forth in the American Association of State Highway Transportation Officials (AASHTO) Guide for Development of New Bicycle Facilities; that similar striping exists in the County at the Honore Avenue/Pruitville Road intersection. City Manager Sollenberger further stated that various issues regarding the number and size of parking spaces for the new Selby Library as well as compliance of the parking spaces with the Zoning Code and Americans with Disabilities Act (ADA) were raised by Ms. Quillin; that on July 24, 1998, Staff conducted an on-site review of parking provided for the library and reported the following: 222 Library Parking Spaces 56 on-street spaces along Second and Pineapple Avenues 166 on-site parking spaces 63 Additional Parking Spaces Provided by City 6 First Street from Central to Lemon Avenues 5 Lemon Avenue between First and Second Streets 52 Cocoanut Avenue between Gulf Stream Avenue and Fruitville Road. BOOK 45 Page 17386 09/21/98 6:00 P.M. BOOK 45 Page 17387 09/21/98 6:00 P.M. City Manager Sollenberger stated that the on-site parking spaces measure 8.5 feet in width; that the on-street parking spaces measure 9 feet in width; that six handicap parking spaces are provided; that City and County representatives met with Pamela Dorwarth, Chairman of the Citizens with Disabilities Advisory Board, and resolved concerns regarding the slope of the handicap spaces before a Certificate of Occupancy for the Library was issued on September 4, 1998. Commissioner Cardamone stated that the Administration was not in a position to respond when Ms. Quillin originally made her statements; that the City Manager's efforts to set the record straight are appreciated; however, the status of the utility pole within a parking space should also be referenced. City Manager Sollenberger stated that the utility pole Ms. Quillin reported has been removed; that the parking space had been striped pending removal of the utility pole, which was planned in conjunction with the underground utilities project around the library. Mayor Dupree stated that bicycle lane striping positioned in the center of the road appears as if temporary travel lane striping remained after the road was repaved; that City Manager Sollenberger has indicated bicycle lanes are now being placed in the center of the travel lanes versus on the side of the road; that although unusual, the required placement makes sense. The following person came before the Commission: Paul Thorpe, Executive Director of the Downtown Association of Sarasota, 47 Palm Avenue South (34236) stated that the City Manager's report regarding parking around the library was appreciated; however, other parking problems should be addressed; that the access control gates to the library parking lots were to remain open when the library was closed to provide additional parking for The Sarasota Opera House, restaurants and other facilities; that as of September 20, 1998, the access gates were still being lowered at 6 p.m.; that the opera season begins in October; and requested that a letter be forwarded to the County Administrator reminding the County of their commitment to raise the access gates and provide shared parking for the Downtown. Commissioner Cardamone stated that failing to leave the access gates open may have been an oversight by the County; that use of the parking lot should be monitored to determine if the parking problems initially perceived at the library actually exist; that excess parking is frequently viewed in the library parking lot; that the parking lot should be monitored over the next year to identify peak times when use of the access gates may be necessary; that consideration should be given to requesting removal of the access gates if no parking problems exist at the end of one year. City Manager Sollenberger stated that a letter can be drafted and forwarded to the County Administrator if so desired by the Commission. Mayor Dupree stated that hearing no objections, the Administration is directed to forward a letter to Sarasota County as requested by Mr. Thorpe. Vice Mayor Patterson asked if the parking lot on Second Street also has an access gate? City Manager Sollenberger stated yes; that he believes the Second Street parking lot is used for employee parking. Vice Mayor Patterson stated that excess parking may also exist in the Second Street parking lot; that a specific number of spaces will be filled by employees when the library opens; that the remaining spaces could be made available to the public; that both of the library parking lots should be monitored. 14. UNFINISHED BUSINESS: APPROVAL RE: REQUEST OF FLORIDA HOUSE INSTITUTE (FHI) FOR SUSTAINABLE DEVELOPMENT FOR ASSISTANCE FROM THE CITY CONCERNING THE FLORIDA HOUSE URBACULTURE PROJECT - AUTHORIZED ADVANCED PBLP REPORT ON SPECIAL EXCEPTION PETITION; WAIVED FEES FOR STAFF COSTS ASSOCIATED WITH SITE PLAN APPROVAL (AGENDA ITEM VII-2) #2 (1537) through (1679) City Manager Sollenberger stated that Florida House Institute for Sustainable Development (FHI) is developing an Urbaculture Project at the former "dump" site on Dr. Martin Luther King, Jr., Way; that the Project includes construction of an agricultural-type building; that FHI's construction schedule has been delayed because of difficulties with environmental permitting; that further delays could jeopardize receipt of grant funding from the Department of Energyi therefore, the FHI has requested: 1) the fees for site plan approval be waived, with the exception of advertising costs, and 2) an advanced Planning Board/Local Planning Agency (PBLP) report on the Special Exception Petition be allowed. City Manager Sollenberger continued that a special exception is required for construction of the Florida Farm Learning Center and Phase I site improvements as the property is zoned Government Use (G) and FHI is a non-governmental entity; that an advanced PBLP report is required to facilitate the process and provide FHI the opportunity to obtain a building permit before the Department of BOOK 45 Page 17388 09/21/98 6:00 P.M. BOOK 45 Page 17389 09/21/98 6:00 P.M. Energy grant expires; that the Administration supports the FHI's request. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to 1) waive the fees for site plan approval, with the exception of advertising costs, and 2) authorize an advanced Planning Board/Local Planning Agency (PBLP) report on the Special Exception Petition. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. The Commission recessed at 8:20 p.m. and reconvened at 8:30 p.m. 15. UNFINISHED BUSINESS: REPORT RE: AUTOHAUS KOLAR, 2440 S. OSPREY AVENUE, SARASOTA BERT J. HARRIS PRIVATE PROPERTY PROTECTION ACT CLAIM ZONED RSF-2 - RECEIVED REPORT ON CLAIM DENIAL; AUTHORIZED ADMINISTRATION. TO COMMENCE NEGOTIATIONS FOR ACQUISITION OF KOLAR PROPERTY (AGENDA ITEM VII-3) #2 (1700) through (2284) Mark Singer, City Attorney's Office, came before the Commission and stated that the Commission was provided with Agenda materials, including a complete history of the Bert J. Harris Private Property Protection Act claim, filed on March 13, 1997, and a copy of the denial letter dated September 2, 1998, from Richard J. Taylor, City Attorney, to Michael J. Furen, Esquire, the attorney representing Igor Kolar; that all property owners residing within 500 feet of the subject property have been advised of the pendency of the claim, as well as the activity under the claim, and received a copy of the denial letter and the Agenda material provided to the Commission. Mr. Singer continued that the purpose for his coming before the Commission is two-fold: 1. to report that the claim filed by Igor Kolar has been denied, which does not require any action from the Commission; and 2. to raise the question as to whether or not the Administration should entertain negotiations with Mr. Kolar and his legal representatives regarding purchase of the property; Mr. Singer stated that purchase and development of the Kolar property as a park was included on the City of Sarasota's project list attached to the referendum for a 10-year extension of the Local Option Sales Tax (L.0.S.T.), which was approved by the electorate in November 1997 but from which the City is not scheduled to begin collecting funds until October 1, 1999. Mr. Singer continued that the City has received two summaries of appraisals, one dated February 28, 1997, from Gulf Appraisers Consultant, Inc., as contracted by Mr. Kolar, and one dated June 19, 1998, from Sewell, Valentich, Tillis & Assciates, contracted by the City; that the Administration is requesting authorization to commence negotiations with Mr. Kolar for purchase of the property at a reasonable value based on financial considerations, i.e., the availability of City funds to purchase the property. Mr. Singer further stated that the Bert J. Harris, Jr. Private Property Rights Act allows a person who feels the highest and best use of their property cannot be obtained as a result of a Zoning Code change to file a claim and thereafter a law suit for monetary damages; that the City has denied the claim filed by Mr. Kolar on the basis, primarily, that the property at 2440 South Osprey Avenue is being amortized from a commercial to residential use as a result of a Zoning Code change which became effective January 10, 1974; that, although the City Attorney's Office is confident no Harris Act claim exists, a law suit could be filed as a result of the City's denial; that a law suit for inverse condemnation could also be filed as the amortization expires next year and commercial use of the Kolar property will no longer be allowed; that, as the possibility of litigation exists, the Commission is advised to guard their comments. Commissioner Pillot referred to the following data contained in the document prepared by Gulf Agpraisere-Comaltante, Inc.: Total Value Estimate assuming no amortization and continued use "as is" $185,000 Total Market Value with existing amortization in place and future use with existing RSF-2 zoning $101,000 Commissioner Pillot stated that the $185,000 value would apply if amortization were not applicable, but because a sunset date of July 1999 is imposed the lower figure of $101,000 applies. Mr. Singer stated that is correct. The following person came before the Commission: Michael Furen, Law Firm of Icard, Merrill, Cullis, Timm, Furen and Ginsburg 2033 Main Street (34237), representing Igor Kolar, stated that Mr. Kolar is present in the audience; that legal technicalities will not be addressed; that a response to the City Attorney's position, which is not agreed with, will not be provided; however, he would like to address the issues of fairness and equity, both of which are viewed as commitments made BOOK 45 Page 17390 09/21/98 6:00 P.M. BOOK 45 Page 17391 09/21/98 6:00 P.M. to Mr. Kolar in March 1996 after the decision was made to amortize the Autohaus Kolar use effective January 1999, expecting a cease of the commercial use by July 1999; that the amortization decision made in March 1996, which several Commissioners noted was a difficult one to make, has created an undue hardship for Mr. Kolar and his business; that an attempt by the City to negotiate potential acquisition based on the value of the Kolar property as a single-family residential use would be grossly unfair and would not recognize the significant and serious relocation and business damages Mr. Kolar will suffer as a result of the Commission's March 1996 decision; that few acceptable locations to which the Autohaus Kolar could relocate are available within the City; that the purchase prices range from three to five times the fair market value of Mr. Kolar's site as a residential use. Attorney Furen continued that a request was made during the Comprehensive Plan Update process to designate the Kolar property for office use on the revised Sarasota City Plan; that Planning Staff recommended against the change, finding the proposed office use was too intense for the neighborhood, although, during the public hearings on the amortization schedule, the Administration had indicated an office use would be an acceptable, alternative use on the site. Attorney Furen further stated that a contract for purchase had been negotiated with Reverend Donald Roberts, representing Goodwill Industrice-Manasota, Inc.; that the proposal was a fair deal for both Mr. Kolar and the City as the purchase price was approximately $375,000 and the site was to be developed with a neighborhood resource center and a park; however, after speaking with unnamed City officials and a neighborhood activist, Reverend Roberts determined the proposal was not feasible and exercised the contract contingency for termination. Attorney Furen stated that time is of the essence; and requested that the Administration be directed to conduct negotiations immediately with the intent of providing a fair and equitable solution for Mr. Kolar, rather than attempting to secure the site for no more than the appraised value of the property as a residential use. City Manager Sollenberger stated that the Administration recommends accepting the report and authorizing negotiation for acquisition of the Kolar property. On motion of Vice Mayor Patterson and second of Commissioner Pillot, it was moved to receive the report of the City Attorney's denial of Igor Kolar's Harris Act claim and to authorize the Administration to negotiate the purchase of the Kolar property, subject to appropriate financial considerations and final approval of the City Commission. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 16. UNFINISHED BUSINESS: DISCUSSION RE: PROPOSED USE OF LEMON AVENUE MALL/MAIN STREET DEPOT RFP #98-77H - CONTINUED TO ITEM 16 (AGENDA ITEM VII-4) # 2 (2300) through (3345) City Manager Sollenberger stated that the Commission heard presentations from the five respondents to the Lemon Avenue Mall/Main Street Depot Request for Proposal (RFP) #98-77H at the September 21, 1998, Commission workshop meeting; that the Administration's recommendation is for the Commission to evaluate the five respondents plus an additional sixth option which is to request the respondents to modify and resubmit existing proposals; that the sixth option was added based on Commission direction at the September 21, 1998, Commission workshop meeting. City Manager Sollenberger distributed a rating form to evaluate the responses received to RFP #98-77H indicating the following criteria: Prior Experience - Successful project or business operations of a similar nature Compatible Development - Compatibility of the proposal with the existing scale and character of the downtown Financial Capacity Financial capacity of the respondent to complete the project as outlined in the proposal Lease Revenue - Amount of lease revenue generated for the City Attraction to Patrons Ability to attract patrons to the downtown Existing Clients Existing customer or client base Gregory Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission and stated that sealed leasehold proposals were received until 4:30 p.m.. August 24, 1998, for the use of Lemon Avenue Mall; that the City received five responses or proposals which were discussed by the Review Team on September 1, 1998; that the five responses to RFP #98-77H are: The Atlantis Cafe and West End Grill at the Lemon Avenue Mall proposed by Pinewood Development Corporation (operators of the West End Grill) and The ADP Group, Inc. Cafe Kaldi proposed by Cafe Kaldi BOOK 45 Page 17392 09/21/98 6:00 P.M. BOOK 45 Page 17393 09/21/98 6:00 P.M. Dunkin' Donuts/Back Yard Burgers/Ben & Jerry's proposed by Ferber and Sons, Inc. The Main Street Sidewalk Cafe proposed by Dale Thompson Untitled proposed by Jeffery Hoffman Mr. Horwedel referred to a matrix indicating the analysis by the Review Team on each of the identified criteria and stated that the Commissioners are requested individually to rate the respondents including the additional option of "modify and resubmit proposals" as first, second or third choice on the rating form; that the Commissioners' ratings will be tabulated and presented later in the meeting; that space has been provided on the rating form for Commissioners' comments; that each Commissioner is requested to sign and date the rating form. Mayor Dupree asked if selection of a second and third choice is necessary if the first choice is the option of "modify and resubmit proposals"? Mr. Horwedel stated no. Vice Mayor Patterson stated that reviewing with the West End Grill the possibility of leasing only the north end of the Lemon Avenue Mall as discussed at the September 21, 1998, Commission workshop meeting has not been presented as an option. Mr. Horwedel stated that the Administration will discuss the option of leasing the north end of the Lemon Avenue Mall with the West End Grill as directed by the Commission. Vice Mayor Patterson stated that some discussion by the Commission concerning leasing the north end of the Lemon Avenue Mall separately would be appreciated prior to final selection. Commissioner Cardamone agreed. The following people came bef fore the Commission: Paul Thorpe, Executive Director, 1818 Main Street (34236), and Charles Kuykendall 1130 Hampton Road (34236) Past President, the Downtown Association of Sarasota and both members of the Review Team of the responses to RFP #98-77H Mr. Thorpe stated that the Review Team consisted of: V. Peter Schneider, Deputy City Manager, Nancy Carolyn, City Director of General Services, Greg Horwedel, City Director of Neighborhoods and Redevelopment, Adam Segreti, owner of the Sante Fe Gallery, Mr. Kuykendall and himself; that enough time was not available to the Review Team to evaluate the proposals adequately; that a rating form was completed by Review Team members; that the determination was none of the proposals met the overall objective for Downtown; that pieces of each proposal have merit; that many meetings and charettes were conducted previously for the purpose of determining an appropriate use of the Lemon Avenue Mall; that none of the proposals met the desired objectives as expressed in the previous meetings and charettes; that two years ago a conference was held concerning the entire downtown area; that the result was that the Main Street Depot, the north end of the Lemon Avenue Mall, the Sarasota County Area Transit (SCAT) transfer station, and the entire area of Lemon Avenue from Fruitville Road to State Street should be considered in the entirety to make a statement in Downtown; that none of the proposals meets that goal; that an overall plan was suggested for the Lemon Avenue area as well as First and Second Streets to the Selby Public Library; that the overall picture should be considered rather than taking a piece-meal approach. Mr. Kuykendall .stated that several issues concerning the proposals were identified by the Board of Directors of the Downtown Association of Sarasota as follows: 1. Too much space on the Lemon Avenue Mall would be enclosed, taking up too much open space. 2. Several proposals were too costly for viability. 3. The length of construction would hurt Downtown, which is a major concern of the Downtown Association. 4. The ability of the proposed menus to generate enough revenue in the location was a concern. Mr. Kuykendall stated that the use of the Lemon Avenue Mall should be considered further; that discussions have been held with some of the respondents, who are willing to work on new ideas; that more time is necessary. Mr. Thorpe stated that the respondents have been meeting together and may be developing additional ideas; that the respondents can present additional recommendations, which could be presented at the October 5, 1998, regular Commission meeting. Ernest Ritz, 1492 First Street (34236) past operator of the Main Street Depot stated that his experience and that of his wife in the operation of a business at the corner of Lemon Avenue and Main Street is considerable; that some of the proposals have gone too far; that previous discussions in the operation of the Main Street Depot included: 1) defining the perimeter with a small wall, a railing or landscaping and a well-defined entrance gate, 2) upgrading the menu and table service and 3) granting the operator the right to control the area; that these changes met the desires of the Commission and the downtown businesses; that the public does not want a City-owned building which is only 10 years old and which the City recently purchased for approximately $171,000 demolished; that the City would have to co-sign for any bank loan on a new building, the cost of which BOOK 45 Page 17394 09/21/98 6:00 P.M. BOOK 45 Page 17395 09/21/98 6:00 P.M. could easily reach $400,000 with no guarantee the operator will be in business long enough to pay off the debt; that the Downtown Association held a public charette on May 16, 1998, concerning reuse of the Lemon Avenue Mall; that the preferences were: 1. The operator should have control of the property. 2. A food and drink establishment is a favorable use. 3. Entertainment is desirable. 4. The business operator or leasehold should compliment and enhance the scale and character of a vibrant, commercially active, pedestrian-friendly downtown. Mr. Ritz stated that only two proposals are close to the intent of the RFP; that the proposals should be short-listed to the two respondents who do not wish to demolish the building but will upgrade the building and the business, which is closest to the original intent of all concerned; that the two proposals should be further refined by the Commission to assure the best use for the City and a good business deal; that the two proposals have the additional advantage of requiring only thirty days to open; that railings and planters will be constructed off-site and installed without substantial interruption to downtown business; that both respondents indicated live entertainment would be provided and the operations would be open on the weekends to midnight; that a healthy night-life is important to Downtown to keep the streets full of people enjoying nightclubs, restaurants and bars; that the streets should not be left vacant at night, allowing another culture to populate the streets; that separate leases for the north and south ends of the Lemon Avenue Mall should be considered. Mayor Dupree asked if the Commission should complete the rating form? Mr. Horwedel stated yes, if the Commission desires a specific leasehold negotiation progress to begin at this time; that one option for Commission consideration is to request a modification and resubmission of the proposals. On motion of Commissioner Cardamone, it was moved to: 1) request modification and resubmission of the proposals without the dissemination of another RFP, 2) accept the opportunity to work with the Review Team for detailed information and 3) heed the public comments concerning the original intent of the use for the Lemon Avenue Mall. Motion failed for lack of a second. Commissioner Pillot stated that Staff recommends the Commission complete the rating form; that discussion can continue upon receipt of compilation of the results. Commissioner Merrill agreed and stated that the results are not binding; that after receipt of results, a motion can be made or the process begun again. Vice Mayor Patterson stated that the results are not binding but are rather a starting point for discussion. Commissioner Merrill stated that is correct. Mayor Dupree stated that hearing the Commission's agreement, the rating forms will be completed and Staff will compile the results. City Attorney Taylor stated that deciding on the process for continued evaluation would be helpful; that negotiations were discussed at the September 21, 1998, Commission workshop meeting; that for example, the Florida Consultants' Competitive Negotiation Act provides that negotiations will commence with the first ranked consultant and, if unsuccessful, continue to the second ranked. Vice Mayor Patterson stated that the Commission rankings would be a staring point for discussion rather than a vote; that the ranking does not fall under the auspices of the Consultants' Competition Negotiation Act. Commissioner Pillot agreed. City Manager Sollenberger stated that ranking proposals would result in a process similar to the process utilized with the disposition of the Mission Harbor site, i.e., negotiations will commence with the top-ranked respondent and, if unsuccessful, will continue with the second-ranked respondent, etc.; that negotiations were successful with the first respondent, specifically the Renaissance of Sarasota project, in the disposition of the Mission Harbor site. Vice Mayor Patterson stated that the rankings for use of the Lemon Avenue Mall are not firm. City Manager Sollenberger stated that the Commission can discuss the rankings upon receipt of the results to assure Commission agreement; that negotiations will commence once a decision is made to rank proposals. Mayor Dupree stated that the information received at the September 21, 1998, Commission workshop meeting, the comments of the Review Team, the discussion by the Commission, and the public comments should be considered; and asked when the compilation of results will be available. BOOK 45 Page 17396 09/21/98 6:00 P.M. BOOK 45 Page 17397 09/21/98 6:00 P.M. Mr. Horwedel stated that the accuracy of the rankings must be verified; that the results can be compiled by the conclusion of the next Agenda item. Mayor Dupree stated that there is a consensus of the Commission to reconsider the use of the Lemon Avenue Mall at the conclusion of the next Agenda item when the Commissioners' individual ranking can be compiled. Vice Mayor Patterson stated that a number of people have signed up to speak to Agenda Item VII-5, which concerns Whitaker-Gateway Park; therefore, consideration of Agenda Item VII-5 will likely be lengthy. Commissioner Pillot stated that Mr. Horwedel is involved with Agenda Item VII-6, which concerns the Siesta Key Fish Market; therefore, the Commission should consider Agenda Item VIII-1, which conçerns the public art sculpture Photon II. Mayor Dupree stated that hearing the Commission's agreement, the Commission will consider Agenda Item VIII-1 followed by continued consideration of the use of the Lemon Avenue Mall. 17. NEW BUSINESS: DISCUSSION RE: PUBLIC ART SCULPTURE PHOTON II ACCEPTED PHOTON II AND THE PROPOSED LOCATION AND REFERRED THE ISSUE OF FUNDING TO THE PUBLIC ART COMMITTEE FOR A RECOMMENDATION WITH AN ADMONITION, REQUEST AND ENCOURAGEMENT TO SEEK PRIVATE FUNDS FOR THE PROJECT (AGENDA ITEM VIII-1) #2 (3345) through #3 (1037) City Manager Sollenberger stated that at its November 12, 1997, meeting, the Public Art Committee approved recommending the public art sculpture Photon II created by Dennis Kowal, Sculptor, to the City Commission as a significant and appropriate piece of art for the City's Public Art Program; that the Sculptor will donate his services in creating the sculpture; however, the donated services do not include the cost of fabricating the sculpture, estimated at $27,000, nor the sculpture base; that the cost of the sculpture base was previously estimated at $20,000; however, more recent estimates are for $40,280 if the sculpture is installed in a reflecting pool or $44,540 if installed on a black granite base; that the proposed location is at the west end of Boulevard of the Arts between the roadway and Sarasota Bay to the west at the site of the former Selby Public Library, which is proposed for the G-Wiz Science Zone and the Gulf Coast World of Science, a Hands-On Museum; that the sculpture has a technological and scientific basis, making the site an appropriate location; that the Gulf Coast World of Science endorses the location, indicating the sculpture would be a good addition to the museum site; that $30,000 is budgeted for public art for fiscal year (FY) 1997/98 and an additional $30,000 for FY 1998/99 for a total of $60,000; that the Public Art Committee requested consultation for funding if the Commission approves the sculpture as an appropriate addition to the City's Public Art Program; that funding will likely require private contributions; that the Administration's recommendation is to refer the public art sculpture Photon II to the Public Art Committee for a recommendation concerning funding if the Commission finds the sculpture and proposed location an appropriate addition to the museum site. Dennis Kowal, Sculptor, came before the Commission and stated that the sculpture project has been in process for a year and a half; that the question has often been raised as to the reason for donating the aesthetic and engineering work and managing the project; that the sculpture is a very serious piece of artwork; that he has been a sculptor for over 40 years and is a part of the community. Commissioner Pillot stated that a model of Photon II has been on display in the City Hall lobby, providing an opportunity for review and consideration; that numerous favorable comments have been received from the public and from leaders of the community; that the City Manager has provided a favorable recommendation. On motion of Commissioner Pillot, it was moved to: 1) accept the sculpture and the proposed location and 2) refer the issue of funding to the Public Art Committee for a recommendation. Motion failed for lack of a second. Vice Mayor Patterson stated that the discussion focus should be the base of the sculpture, i.e., the type and estimated cost; that she proposed the concept of a reflecting pool, which is not developing the way envisioned; that a piece of modern sculpture was seen recently in New York, New York, mounted on a natural material with a sheet of water flowing into the edge of the pool, similar to the new, modern pools with the disappearing edges; that the setting was marvelous and seemed a natural for Photon II; that the presented estimate for a reflecting pool includes tile, marble, etc., which was not anticipated. Mr. Kowal stated that numerous proposals were presented; that the sculpture will weigh between 12 to 14 tons; therefore, the foundation is extremely important; that the sculpture will be situated on Sarasota Bay on sandy soil, meaning stability will be paramount, whether in a reflecting pool or on a granite base; that the most important consideration is the sculpture, followed by the supporting structure; that locating the sculpture in a reflecting pool or on a granite base is a separate, although integral, issue. BOOK 45 Page 17398 09/21/98 6:00 P.M. BOOK 45 Page 17399 09/21/98 6:00 P.M. Vice Mayor Patterson stated that the artist should decide between the reflecting pool or the granite base. Mr. Kowal stated that the concept of the reflecting pool, similar to the reflecting pool at the Christian Science Monitor building in Boston, Massachusetts, is favored; that the reflecting pool would be very shallow and self-circulating; that receiving donations for the supporting structure from City organizations is supported; that the sculpture should be maintenance free for 50 years; that the sculpture will be almost 20 feet tall and constructed of 4-inch solid steel; that the City will achieve a project with an estimated value of $300,000 to $400,000 at a relatively small cost, which is a bargain for the City. Vice Mayor Patterson stated that the November 12, 1997, minutes of the Public Art Committee indicate the City is committing $30,000 to $40,000; that the City Manager has indicated that $30,000 is available from FY 1997/98 and $30,000 from FY 1998/99 for a total of $60,000. City Manager Sollenberger stated that the total cost will be approximately $67,000 to install the sculpture in a reflecting pool, based on recent estimates; that maintenance will be required for a reflecting pool; that Staff has expressed concern about possible skateboarding if a granite base is utilized. Vice Mayor Patterson referred to two charts entitled Cost Estimate for Photon II Sculpture indicating a total cost of $60,980 for the granite base and $61,430 for the reflecting pool, exclusive of fabrication of the sculpture. City Manager Sollenberger stated that the cost estimate has been reduced by approximately $20,000 with the elimination of unnecessary landscaping; that a more recent estimate is $40,280 for the reflecting pool and $44,540 for the granite base; that the casting of the sculpture and delivery and installation will cost approximately $27,000 for a total cost of approximately $67,000 if installed in a reflecting pool or approximately $71,000 if installed on a granite base. Commissioner Cardamone asked for clarification of the maintenance responsibility. City Manager Sollenberger stated that maintenance will be the City's responsibility; that no plans were made for another entity to assume maintenance responsibility. Commissioner Pillot stated that his motion was to accept the sculpture and the proposed location and to refer the issue of funding to the Public Art Committee; that the motion is purposely general; that no statement is made as to the sculpture's foundation, the cost of possible foundations, the aesthetics of placement on the site, or the source of funding; that the Public Art Committee may know a generous donor who will fund the entire cost; that the Public Art Committee may find the reflecting pool too great a cost and make alternate recommendations. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to: 1) accept the public art sculpture Photon II and the proposed location and 2) refer the issue of funding to the Public Art Committee for a recommendation. Commissioner Merrill stated that he has no training in art; however, public art in many cities has been seen; that pleasing public art is known when seen, such as the dolphin fountain on the bayfront and the steigervaldt-Jockey fountain, also called the children's fountain; that art which resembles people such as the Jack Dowd art pieces is appreciated; that geometric shapes can be interesting; that Andy Rooney, television commentator and writer, wrote that most people do not like abstract art as it is smarter than most people; that Photon II is not appreciated as the meaning is not understood; therefore, Photon II will not be warmly received by the community; that the City can do better for the price; that Photon II may be great art but is not art which is personally enjoyed; that Memory Path was not supported for the City; that Pineapple Park, Little Five Points Park, and Links Plaza were supported; that the proposed fish at the end of Main Street were supported but not approved by the Commission so nondescript fountains were installed; that some public art projects have been supported and some not; that one major concern is Mr. Kowal's membership on the Public Art Committee, upon which reliance is placed for objective opinions; that the soliciting and heavily lobbying by a member of the Public Art Committee for a personal piece of artwork raises a concern about the objectivity of the opinion; therefore, Photon II will not be supported as the City could do better. Mr. Kowal stated that numerous issues have been raised; that the concern may not be too much different than what is occurring in the construction industry in the City; that the dolphin fountain and the children's fountain, for which considerable personal support was given, are greatly enjoyed as are figurative works at museums; that his background includes teaching anatomy for eight years; that his figurative works have been displayed in numerous museums and at numerous art shows; that agreement and disagreement is expressed with Commissioner Merrill's views; that Michaelangelo created an exceptional piece of art in the sculpture David, which is displayed in silhouette behind the Commission table; that he totally abstained from any vote of the Public Art Committee of which he was formerly Chairman; that diverse projects have been pro-actively supported as a member and Chairman of the Public Art Committee; that considerable serious, BOOK 45 Page 17400 09/21/98 6:00 P.M. BOOK 45 Page 17401 09/21/98 6:00 P.M. diverse work around the world does not rely on what people already know; that Photon II addresses symbolic issues which have a considerable significance to current times; that the criticisms of contemporary art can be reiterated about the computer, which has been energetically and enthusiastically embraced; that the display of the model of Photon II in City Hall is to educate the public and to assess the public's feelings concerning the sculpture; that Photon II has been widely accepted; that the indication that people who are not educated or do not have considerable experience do not appreciate what is not completely understood is insulting. Commissioner Merrill stated that such indication was not stated. Mr. Kowal stated that such indication was implied; that the only reason for antagonism toward art in any form, whether abstract or figurative, is an insult toward the people presenting the art; that education is important; that anyone can be brought to a level of understanding, which does not necessarily mean acceptance; that much contemporary art or figurative work from different periods are not liked but are respected for the effort, the tools and materials used, and the context; that Commissioner Merrill's point of view is a disservice to the public; that the assumption should not be made that people do not like something which is not understood. Commissioner Merrill stated that his point of view is not necessarily a disservice to the public but is that Photon II will not be warmly received by the public; that his opinion may be construed as a disservice to the public but is believed true. Mr. Kowal stated that people in a public position should bring items before the public which will help the public move to a different place in history and learn; that a basic educational premise is to begin at one point and end at another; that people grow and learn, with the resulting discretionary ability; that many issues were presented by the assertions made; that Photon II attempts to address the direction of science and technology and his personal experience in industrial design and fine art; that Photon II is a conglomeration of all the pertinent issues in one aesthetic whole and has considerable relation to the new G-Whiz Science Zone being created on Sarasota Bay; that the type of people coming to Sarasota demand, expect and want a very sophisticated environment which is not a series of dolphins on the waterfront and nothing else; that the location of contemporary works of art in the City should be addressed; that the struggle is serious; that having to defend the aesthetics of Photon II was not expected; that everyone has a right not to like the sculpture; however, the assertion that the artwork is smarter is an oxymoron; that anyone can be brought to a level of understanding, after which a decision as to liking or not liking can be made. Mayor Dupree stated that this discussion was not expected; that the right of Commissioner Merrill or any other Commissioner to express personal views is respected. Commissioner Merrill stated that the notion of presenting art which will enlarge personal horizons is supported; however, the use of tax dollars increases the obligation to use the tax dollars in a manner desired by taxpayers; that individuals should not decide what is good for taxpayers; that assurances should be received to assure taxpayers will support the expenditure of public funds; that some expenditures on public art have not been supported by the community; therefore, the primary goal should be to assure the public will like the art; that public art can push the envelop but should be art the public does appreciates. Mr. Kowal stated that the Commission will make the decision. Commissioner Cardamone stated that no public art has been purchased since the beginning of her service on the Commission; that beginning a public art fund with $30,000 in FY 1997/98 and $30,000 in FY 1998/99 was pleasing; that spending all the funds on one piece of artwork was not envisioned and is a concern; that the dollars should be stretched as far as possible; that Photon II is intriguing; that the support of United States (U.S.) Senator Bob Graham and Florida State Senator Katherine Harris is more intriguing; and asked if U.S. Senator Graham and State Senator Harris have viewed the sculpture? Mr. Kowal stated that the model was on display at the Sarasota County Arts Gallery approximately two years ago and at the art gallery at the Ringling School of Art and Design, when the sculpture could have been seen; that the project has been underway for over a year and a half. Commissioner Cardamone stated that Photon II is the recipient of the greatest campaign of support seen; that 12 letters of support from outstanding citizens have been received but do not greatly affect her decision; that the motion by Commissioner Pillot was not previously supported as the intent was not known but will be supported at this time; that the project should have considerable community support in the form of donations; that the City should not spend two years of public art funds for a base for a piece of artwork; that people who like the sculpture should help defray the cost; that the concept of the reflecting pool is liked; that the selected location is acceptable. Mr. Kowal stated that no personal profit will be realized from the project; that the cost of fabricating the sculpture is significant as the work is significant in terms of the physical size; that for example, the Federal Reserve Bank building in BOOK 45 Page 17402 09/21/98 6:00 P.M. BOOK 45 Page 17403 09/21/98 6:00 P.M. Boston, Massachusetts, has contemporary artwork; that historical precedent from the past thirty years exists for the concept. Commissioner Cardamone stated that the City did not contribute any funds to the dolphin fountain or the children's fountain, both of which were donated to the City; that accepting art as donations to the City is pleasing. Commissioner Pillot stated that Commissioner Merrill is more correct than incorrect; that Photon II is not understood; however, calculus was not understood until completing two years of college training; that modern sculpture is not generally aesthetically enjoyed; however, Photon II is intriguing and provides a basis for study; therefore, support is offered for the sculpture, especially in the location selected. Commissioner Merrill stated that Mr. Kowal's response to the criticisms are surprising as the criticisms have been discussed with Mr. Kowal previously. Mr. Kowal stated that the criticisms were previously addressed. Commissioner Merrill stated that agreement to disagree has previously been reached; that nevertheless, the proposal is to utilize two years of public art funds; that no competition has occurred, which is not right. Mr. Kowal stated that great efforts were taken to ofier to resign from the Public Art Committee as well as to recuse from any vote concerning the sculpture; that the approach may be different, for which no apologies are offered; that personal views are presented with honesty and directness; that every avenue was taken to assure the approach was as honorable as possible. Vice Mayor Patterson referred to the minutes of the November 12, 1997, regular Public Art Committee meeting and stated that the minutes indicate the Public Art Committee was of the opinion that only one year's worth of public art funds would be utilized, which was found worthy of comment; that the motion on the table is specifically to address funding; that comments from the Public Art Committee concerning funding will be of interest. Mr. Kowal stated that the funding referenced by the Public Art Committee was for the sculpture; that the scope has expanded since consideration by the Public Art Committee; that the proposed base for the sculpture has become elaborate. Commissioner Cardamone stated that a compromise may be possible. Vice Mayor Patterson stated that the directive of the motion on the table is worthy of consideration by the Public Art Committee. Commissioner Pillot, as maker of the motion, and Vice Mayor Patterson, as seconder, agreed to incorporate in the motion an admonition, request and encouragement to the Public Art Committee to seek funds for the project from patrons of the arts. Commissioner Merrill stated that the Commission previously decided not to continue in the public art business due to the resulting controversy; that the issue is the public funding; that the sculpture in front of the Van Wezel Performing Arts Hall (VWPAH) was Einanced by private funds with no debate by the Commission as to the merits of the art; that the dolphin fountain at the bayfront was reviewed by the Public Art Committee but was financed by private funds; that the children's fountain was also financed by private funds; that the objection is to use two years' worth of taxpayers' money for one abstract piece of art created by the former Chairman of the Public Art Committee; that the controversy will be the use of tax dollars; that funding of half the cost by private funds will demonstrate strong support for the sculpture; that for example, controversy surrounded Memory Path, which was financed primarily by public funds; that the public was not happy with the use of tax dollars for Memory Path. Mayor Dupree restated the motion as to: 1) accept the public art sculpture Photon II and the proposed location and 2) refer the issue of funding to the Public Art Committee for a recommendation with an admonition, request and encouragement to seek funds for the project from private sources. Motion carried (4 to 1): Cardamone, yes; Merrill, noi Patterson, yes; Pillot, yes; Dupree, yes. 18. UNFINISHED BUSINESS: CONTINUED DISCUSSION FROM ITEM 14 RE: PROPOSED USE OF LEMON AVENUE MALL/MAIN STREET DEPOT RFP #98-77H - REFERRED THE PROPOSALS OF CAFE KALDI AND THE WEST END GRILL THROUGH THE CITY MANAGER TO THE REVIEW TEAM TO DEVELOP THE DETAILS OF AN AGREEMENT BETWEEN THE CITY AND CAFE KALDI FOR USE OF THE SOUTH END AND BETWEEN THE CITY AND THE WEST END GRILL FOR USE OF THE NORTH END OF THE LEMON AVENUE MALL (AGENDA ITEM VII-4) # 3 (1037) through (2130) Gregory Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission and stated that the Commission votes on the proposed use of the Lemon Avenue Mall/Main Street Depot Request for Proposal (RFP) #98-77H have been compiled as follows: BOOK 45 Page 17404 09/21/98 6:00 P.M. BOOK 45 Page 17405 09/21/98 6:00 P.M. First Second Third Atlantis Cafe 1 Cafe Kaldi 3 Dunkin' Donuts/Back Yard 1 1 Burgers/Ben & Jerry's Main Street Sidewalk Cafe 1 Untitled Modify & Resubmit 2 2 Commissioner Pillot stated that the option to modify and resubmit existing proposals was not supported; that his first choice vote was for Cafe Kaldi; that the proposals were ranked as to first, second and third choice; that his written comment was to: Request that Cafe Kaldi and the West End Grill work cooperatively with the West End Grill negotiating with the City Administration for use of the north portion (of the Lemon Avenue Mall). Vice Mayor Patterson stated that her written comment was essentially the same. Mr. Horwedel stated that by awarding five points to a first choice selection, three points to a second choice selection, and one point to a third choice selection, the point total for the top two choices is as follows: Cafe Kaldi 15 points Modify & Resubmit 16 points Vice Mayor Patterson stated that the point total is very close; that Cafe Kaldi was supported as first choice and the modify and resubmit option as second choice; that based on the resulting point total, a new recommendation should be sought from the Review Team. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to refer the five responses to RFP #98-77H to the Review Team for another recommendation including specific details within three weeks. Commissioner Cardamone stated that the Review Team has the opportunity to conduct more research than the Commission; that knowing the operation of the West End Grill is important as use of public property is being considered; that allowing the West End Grill to use the north end of the Lemon Avenue Mall is supported as the type of operation of the former restaurant, the very successful Grand Central, was visualized; that unfortunately, the operation of the West End Grill is unknown; that more information concerning the proposal by the West End Grill is necessary; that the ability of the respondents to obtain financing is a concern; that the City should not have to co-sign for a major expense; that the Lemon Avenue Mall is City propertyi that the requirement for the City to co-sign a loan is unknown. Vice Mayor Patterson stated that co-signing for any loan will not be supported; that a short-term lease, i.e., one year, is suggested for the north end of the Lemon Avenue Mall. Commissioner Cardamone asked for comment concerning the requirement for the City to co-sign for a loan. City Attorney Taylor stated that a bank will probably require a lien against the property or some priority ability to take over in the event of default if a tenant constructs improvements with a bank loan. Vice Mayor Patterson stated that the question was specifically asked previously; that the response was the City was not considering co-signing for a loan. City Manager Sollenberger stated that the lien will be against the improvements rather than the real property. City Attorney Taylor stated that is correct; however, any bank will want a priority ability to take over and utilize the property for their own purposes as a security interest. Vice Mayor Patterson and Commissioner Pillot agreed that the developer may have sufficient credit or other assets to serve as security. City Attorney Taylor stated that sufficient credit or assets by the developer is a possibility. Commissioner Cardamone stated that the question is whether all respondents have the financial ability to build the proposed projects without any liability to the City. Commissioner Merrill stated that Cafe Kaldi was supported as the first choice and the modify and resubmit option as second choice; that some Commissioners who voted for the modify and resubmit option did not indicate a second or third choice; that Cafe Kaldi would have been the winner if he only voted for Cafe Kaldi; that Cafe Kaldi is supported as some covered seating at some times is necessary to assure a viable restaurant; that the least amount of building into the public right-of-way is supported; that selection of the modify and resubmit option as second choice is in support of developing a separate lease for the north end of the Lemon Avenue Mall. BOOK 45 Page 17406 09/21/98 6:00 P.M. BOOK 45 Page 17407 09/21/98 6:00 P.M. Commissioner Cardamone stated that a good marriage would be a separate lease for the north end with the West End Grill and the south end with Cafe Kaldi. Commissioner Merrill agreed and stated that generally proposals should be submitted in response to an RFP and respondents should live with the proposal submitted, which encourages innovation; that Cafe Kaldi's philosophy of a minimal coverage area with some coverage for rainy or extremely hot days to promote business is supported; that a separate lease could be developed for the north end of the Lemon Avenue Mall. Vice Mayor Patterson agreed and stated that Cafe Kaldi is supported; that the only reason for sending the responses back to the Review Team is to provide the opportunity for suggestions. The following people came before the Commission: Thomas Roosa, 1490 First Street (34236), representing the West End Grill, and Chris Keesecker, 1762 Prospect Street (34239) representing Cafe Kaldi Mr. Keesecker stated that the Commission suggested at the September 21, 1998, workshop meeting that the RFP respondents determine if changes were possible; that in the RFP response, Cafe Kaldi indicated a good working relationship with the West End Grill had been developed; that the mutual benefit to Café Kaldi and the West End Grill of working together became clear during the workshop meeting; that in response to the Commission's suggestion, Cafe Kaldi and the West End Grill propose working together sO the north and south ends of the Lemon Avenue Mall could be considered simultaneously. Vice Mayor Patterson stated that such a suggestion is not recalled. Mr. Roosa stated that some Commission discussion occurred on such a proposal. Mr. Keesecker stated that debate based on remarks by others reviewing the proposals is not desired; that the proposals by Cafe Kaldi and the West End Grill followed the RFP specifically; that both organizations have made a priority of each priority identified at the charette, the top three of which were: 1. Public access while allowing for some autonomy 2. Food and beverage service 3. Entertainment Mr. Keesecker stated that the responses of Cafe Kaldi and the West End Grill fulfill the priorities; that suggesting either organization acted recklessly and did not follow the outcome of the charette or the RFP is short-sighted. Commissioner Pillot stated that several Commissioners ranked Cafe Kaldi as the first choice and made the comment that the hope was the West End Grill and the City could negotiate and the West End Grill and Cafe Kaldi could cooperate in the use of the Lemon Avenue Mall and asked if Cafe Kaldi and the West End Grill are proposing cooperation between the two organizations? Mr. Roosa stated yes. Mr. Keesecker stated that prior to submitting the proposal, Cafe Kaldi and the West End Grill had discussed how to use the north and south ends of the Lemon Avenue Mall especially during the weekend evenings; that fence arrangements which would work in tandem were discussed; that working cooperatively has been discussed for the past two months. Commissioner Pillot stated that addressing additional details with appropriate parties, including the Review Team, may be necessary and asked if both organizations are agreeable to addressing any additional details. Mr. Keesecker and Mr. Roosa stated yes. Mayor Dupree stated that two respondents did not indicate a funding source and asked if identifying a funding source was required in the RFP? Mr. Horwedel stated yes; that the two respondents who did not indicate a funding source are the Main Street Sidewalk Cafe and the Untitled response; that these two responses were sent to the Commission as the majority of the Review Team was of the opinion that the proposals presented the type of activity which is similar to, but upgraded from, the previously existing operation; that the Review Team decided both proposals had enough merit for presentation to the Commission. Mayor Dupree asked if ample time was provided interested parties? Mr. Horwedel stated that one extensive meeting was held; that the information assembled by the Review Team was capsulized by Staff in the matrix provided the Commission; that the matrix was also returned to the Review Team for comments; that the five issues of primary concern are addressed in the matrix as follows: BOOK 45 Page 17408 09/21/98 6:00 P.M. BOOK 45 Page 17409 09/21/98 6:00 P.M. Building size Overall aesthetics Product offering Service of alcohol Type of entertainment Mr. Horwedel stated that the respondents could be told to address specifically the five issues if the Commission decides to return proposals to the respondents for resubmittal. Mayor Dupree stated that Staff indicated that selection of a second and third choice was not necessary if the modify and resubmit option was selected. Mr. Horwedel stated that is correct. Commissioner Pillot stated that the motion on the table has good value; however, a concern is referral of all five proposals to the Review Team will result in a disservice to three of the five respondents; that based on the discussion, the Commission is unlikely to rank three of the five proposals high enough for final selection; that three of the five proposals are good; however, the proposals submitted by Cafe Kaldi and the West End Grill are better. Vice Mayor Patterson concurred. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to amend the motion to refer the proposals to the Review Team to work out the details to effect an agreement between the City and Cafe Kaldi for the south end and an agreement between the City and the West End Grill for the north end of the Lemon Avenue Mall. Commissioner Pillot stated that the three respondents who received the lower rankings on the Commission rating forms may choose to modify and resubmit the proposals; however, the exercise is not likely to result in a change in the rankings. Vice Mayor Patterson stated that only accepting modifications from two respondents may not be in keeping with the spirit of the request for a referral back to the Review Team; that she rated the Dunkin' Donuts/Back Yard Burgers/Ben & Jerry's proposal as one of the three choices; that the diversity presented by the proposal may be acceptable if the proposal is modified; that committing the north end of the Lemon Avenue Mall to more than a short-term lease is not supported at this time; that the Café Kaldi proposal for the south end of the Lemon Avenue Mall is very appealing and involves a substantial investment sO a one- or two-year lease will not be possible; therefore, some reluctance exists to support the motion on the floor as the motion seems to imply a package will be returned to the Commission; that a marriage of the two entities is not necessarily encouraged. Commissioner Pillot stated that the motion to amend does not necessarily follow the spirit of the request of Mr. Kuykendall and Mr. Thorpe; that his responsibility is to listen to but not necessarily agree with everyone who speaks to the Commission; that no apologies are offered for not following the spirit of the request. Vice Mayor Patterson stated that apologies are not expected; however, the motion to amend does not adhere to the spirit of the request from members of the Review Team and, therefore, is not fully supported. Mayor Dupree called for a vote on the motion to amend. Motion carried (3 to 2): Cardamone, yes; Merrill, yes; Patterson, no; Pillot, yes; Dupree, no. Vice Mayor Patterson asked if the intent of the motion as amended is to refer back the entirety of the Atlantis Cafe and West End Grill proposal? Commissioner Pillot stated no; that the intent of the motion as amended is the Cafe Kaldi proposal is being referred for use of the south end and the West End Grill proposal is being referred for use of the north end of the Lemon Avenue Mall, the latter of which is for a short-term relationship; that the hope is the Review Team will return a recommendation including the criteria and processes under which a short-term relationship with the West End Grill of one or two years could be developed; that Cafe Kaldi and the West End Grill need not be mutually responsible for the north end of the Lemon Avenue Mall; that the intent of the motion as amended is Cafe Kaldi is the successful respondent for use of the south end of the Lemon Avenue Mall. Vice Mayor Patterson stated that the intent of the motion as amended is also to refer the proposal submitted by the West End Grill for a potential short-term lease for the north end of the Lemon Avenue Mall. Commissioner Pillot stated that is correct; that the Review Team is also to have carte blanche to develop specifics with Café Kaldi as the successful respondent for the use of the south end of the Lemon Avenue Mall. Mayor Dupree asked for a restatement of the motion as amended. City Auditor and Clerk Robinson restated the main motion as amended as to refer the proposals of Cafe Kaldi and the West End Grill through the City Manager to the Review Team to develop the details of an agreement between the City and Cafe Kaldi for use of the south end and between the City and the West End Grill for use of the north end of the Lemon Avenue Mall. BOOK 45 Page 17410 09/21/98 6:00 P.M. BOOK 45 Page 17411 09/21/98 6:00 P.M. Commissioner Pillot stated that the intent of the motion is that the two respondents need not be responsible to each other and the Review Team has Carte Blanche to propose details as coordinated with representatives of Cafe Kaldi and the West End Grill. Mayor Dupree called for a vote on the motion as amended. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 19. UNFINISHED BUSINESS: APPROVAL RE: INSTALLATION OF ADDITIONAL LANDSCAPING AND RELOCATION OF TWO GRILLS AND EXERCISE EQUIPMENT LOCATED IMMEDIATELY ADJACENT TO THE NORTHERN PROPERTY LINE TO ANOTHER LOCATION IN THE WHITAKER GATEWAY PARK - 1) REFERRED THE ISSUE OF A DESIGN PLAN FOR WHITAKER -GATEWAY PARK TO THE ADMINISTRATION AND 2) DIRECTED THAT ANY RECOMMENDATION BE REVIEWED BY THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD (AGENDA ITEM VII-5) #3 (2118) through 4 (0909) Gregory Horwedel, Director of Neighborhoods and Redevelopment, and Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, came before the Commission. Mr. Mountain referred to a revised planting plan for Whitaker-Gateway Park prepared by David W. Johnston Associates (DWJA), I Inc., Landscape Architects, displayed on the overhead projector and stated that at the June 1, 1998, regular Commission meeting, the Commission requested changes in the park to improve the relationship with neighborhood residents; that Staff reported some steps taken to the Commission at the June 15, 1998, regular Commission meeting; that the Commission referred to the Administration other issues including comfort stations and the density of picnic tables and barbecue grills for an additional recommendation; that Staff's recommendation is to: 1. Install additional landscaping as presented on the revised planting plant prepared by DWJA 2. Relocate two barbecue grills 3. Relocate exercise equipment located immediately adjacent to the park's northern border to another location in the park as determined by mutual agreement between residents and Staff Mr. Mountain stated that Staff's recommendation is conservative; that neighborhood residents have requested more changes than Staff is recommending. Mayor Dupree asked if the park's northern border abuts the neighborhood? Mr. Mountain stated yes. Mayor Dupree asked the type of landscaping planned. Mr. Mountain stated that Wax Myrtle and Ligustrum trees will be planted; that the issue of more or less landscaping was addressed; that the concern was to assure barriers which could shelter illicit activities would not be created; therefore, a conservative approach was taken; that more landscaping can be added in the future if the recommended plan is not successful; that the recommended landscaping is to: 1) provide a visual screen between the park and neighborhood residents and 2) help with noise issues. Commissioner Pillot asked the type of fencing along the park's northern border. Mr. Mountain stated that a six-foot-high, vinyl-coated, chain-link fence has been installed along the park's northern border. Commissioner Cardamone asked the size of the Wax Myrtle and Ligustrum trees. Mr. Mountain stated that 30-gallon, four- to six-foot Wax Myrtle and Ligustrum trees will be planted. Commissioner Merrill asked the neighborhood involvement in development of the plan. Mr. Horwedel stated that DWJA was requested to prepare a supplemental plan for additional landscaping, which was taken to the neighbors who were asked for comments; that the revised planting plan incorporates neighbors' comments for a denser barrier between the park and residential properties; however, neighbors have also requested the removal of all barbecue grills; that neighbors will not be satisfied until all barbecue grills have been removed; that the Commission should be aware of the neighbors' position. Commissioner Merrill asked if removal of the barbecue grills will be presented at another time or if the revised planting plan is Staff's final recommendation for changes at Whitaker-Gateway Park? Mr. Horwedel stated that a balance is sought between public and private interests; that relocation of some barbecue grills and exercise equipment away from the park's northern boundary, as reflected in the revised planting plan, is an attempt to achieve the balance. BOOK 45 Page 17412 09/21/98 6:00 P.M. BOOK 45 Page 17413 09/21/98 6:00 P.M. Commissioner Merrill asked if the relocation of barbecue grills and exercise equipment is incorporated in the revised planting plan, which is Staff's final recommendation. Mr. Horwedel stated yes. Vice Mayor Patterson referred to a facsimile dated September 3, 1998, from Jason Swift of Jon F. Swift, Inc. to Duane Mountain indicating the cost of moving two pavilions on site as $10,046 and asked which two pavilions will be moved? Mr. Mountain stated that the Commission requested the cost of moving two pavilions; however, Staff is not recommending moving any pavilions at this time. Vice Mayor Patterson asked the location of the two barbecue grills and the exercise equipment which will be moved. Mr. Mountain referred to the revised planting plan indicating the current and proposed locations of the barbecue grills and exercise equipment; and stated that the barbecue grills will be moved away from the park's northern boundary to the park's central oak grove hammock area; that the exercise equipment will be moved to the open area near U.S. 41. Commissioner Cardamone asked which barbecue grills will be moved? Mr. Mountain stated that all the barbecue grills on the park's northern boundary from Sarasota Bay to the entrance of Palmetto Lane will be moved, which may be more than the two barbecue grills referenced in Staff's recommendation; that the barbecue grills along the park's northern boundary most directly affect the neighborhood. Vice Mayor Patterson stated that the revised planting plan is difficult to read; that determining Staff's recommendation from the revised planting plan was also difficult. Commissioner Cardamone agreed. Vice Mayor Patterson stated that 14 barbecue grills have been installed in the park, approximately 4 of which are located along the park's northern boundary; and asked why Staff's recommendation is to relocate the barbecue grills within the park rather than move them to a park with few grills? Commissioner Cardamone stated that Gillespie Park could benefit Erom the addition of barbecue grills. Mr. Mountain stated that moving some barbecue grills to Gillespie Park is an option; that extra picnic tables are available in the oak grove hammock area of Whitaker-Gateway Park; therefore, Staff's recommendation was to relocate the barbecue grills to the oak grove hammock area. Mr. Horwedel stated that whitaker-Gateway Park has 9 barbecue grills, 4 of which are double grills; that counting the double grills as two grills results in a total of 13 grills; that the grant request submitted for development of Whitaker-Gateway Park proposed 15 grills. Vice Mayor Patterson asked how many barbecue grills will be moved? Mr. Horwedel stated that two barbecue grills at the northwestern quadrant of the park will be moved; that a new location has not been chosen; that Staff is working with the neighbors to determine the best location; that the neighbors will probably indicate the best location is another park. Mayor Dupree asked how many barbecue grills will be eliminated from the park? Mr. Mountain stated that the original proposal was to eliminate none of the barbecue grills from the park; however, the cost difference in moving the barbecue grills to another park is relatively small; that any grills along the park's northern boundary which are interfering with the neighbors will be moved. Commissioner Pillot stated that Staif's position is simple and straight forward. Commissioner Pillot continued that a number of people have signed up to speak; that the Commission should decide in which order the balance of the Agenda will be considered due to the lateness of the hour sO presenters and persons interested in other Agenda items are guided accordingly. Commissioner Cardamone stated that Agenda Item VIII-2 concerning the process for filling the vacancy for the District 2 Commission seat created by the resignation of Vice Mayor Patterson should be considered prior to the conclusion of the meeting. Commissioner Pillot agreed but stated that extending the meeting beyond the normal Commission meeting deadline of 11:30 p.m. will not be supported. Vice Mayor Patterson stated that supporting an extension of the Commission meeting will be difficult due to early morning commitments on September 22, 1998. BOOK 45 Page 17414 09/21/98 6:00 P.M. BOOK 45 Page 17415 09/21/98 6:00 P.M. Commissioner Pillot asked if Agenda Items VIII-3 and : 4 concerning the Police and General Employees Pension Plans can be considered at the October 5, 1998, regular Commission meeting? City Manager Sollenberger stated yes. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to complete Agenda Item VII-5 concerning Whitaker-Gateway Park, consider Agenda Item VIII-2 concerning the District 2 Commission seat vacancy and other minor issues on the Agenda as time permits and consider Agenda Items VIII-3 and -4 concerning the Police and General Employees Pension Plans at the October 5, 1998, regular Commission meeting. Commissioner Cardamone stated that the Police and General Employees Pension Plans should receive priority placement on the Agenda for the October 5, 1998, regular Commission meeting. City Auditor and Clerk Robinson stated that Agenda Items concerning the Police and General Employees Pension Plans will be placed on the Agenda under Board Actions as the items concern actions of the Police Officers' Pension Fund Board of Trustees and the General Employees Pension Fund Board of Trustees. Mayor Dupree stated that hearing the Commission's agreement, the Agenda Items concerning the Police and General Employees Pension Plans will be placed on the Agenda under Board Actions. City Auditor and Clerk Robinson stated that one person has signed up to speak regarding Agenda Item VII-6 concerning the relocation of the Siesta Key Fish Market. Vice Mayor Patterson stated that no adverse action is being taken against the Siesta Key Fish Market. Mayor Dupree called for a vote on the motion to complete Agenda Item VII-5 concerning Whitaker-Gateway Park, consider Agenda Item Agenda Item VIII-2 concerning the District 2 Commission seat vacancy and other minor issues on the Agenda as time permits and consider Agenda Items VIII-3 and -4 concerning the Police and General Employees Pension Plans at the October 5, 1998, regular Commission meeting. Motion carried unanimously (5 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Carol and Charles Kuykendall. 1130 Hampton Road (34236), came before the Commission. Mr. Kuykendall stated that Staff's indication is the landscape buffer will provide a visual barrier and noise buffer as well as replace some dead plants; that Ligustrum trees provide no visual relief for adjacent residences; that the homes on the north side of the park are built up by possibly 15 feet either due to the age of the home or the regulations of the Federal Emergency Management Agency (FEMA), ; that a two- to three-foot Ligustrum tree will take 15 years to reach the height of the built-up homes. Vice Mayor Patterson stated that the revised planting plan calls for Ligustrum trees of approximately six or seven feet. Mr. Kuykendall stated that the soil is sandy and is near the saltwater of Sarasota Bay; that Ligustrum trees do not grow well under such conditions and are the wrong plant for the location; that none of the current Ligustrum trees are six or seven feet tall; that Wax Myrtle trees are better but still take time to grow, have a tendency to split, require a lot of water, and die quickly; that the plants chosen are not appropriate; that palms with heads higher than four to six feet provide a visual barrier, are drought-resistant and cost no more; that the revised planting plan is inaccurate; that the plants are not located as shown; that planting 28 Ligustrum trees which cost approximately $150 each or $4,200 next to a vacant lot near U.S. 41 is a waste of money. Mrs. Kuykendall stated that the lack of communication concerning the revised planting plan, which was received by neighborhood residents on September 18, 1998, is a concern; that no input was provided by the neighbors; that the impression should not be conveyed that the neighborhood residents have reviewed the revised planting plan and provided input; that heavy planting by the vacant lots near U.S. 41 may result in vagrancy problems; that the planting should be done by existing homes where necessary; that Whitaker-Gateway Park is liked a great deal; however, the lack of attention given to moving the barbecue grills is a concern; that Staff's recommendation is to move the barbecue grills which will help one resident but create a detriment for another; that the barbecue grills should be removed completely from the park; that a question is whether any City Staff has come to the park to consider the impact on the adjacent residences; that utilizing the services of DWJA is questioned; that DWJA has been called numerous times and has an obligation to return residents' telephone calls; that DWJA probably has not visited Whitaker-Gateway Park to view the location of the adjacent residences which is a concern; that the revised planting plan was prepared by DWJA with no regard for the neighborhood; that the Commission is requested amend the plans for landscaping to help resolve the problems. BOOK 45 Page 17416 09/21/98 6:00 P.M. BOOK 45 Page 17417 09/21/98 6:00 P.M. Vice Mayor Patterson stated that Wax Myrtle trees planted in 1981 have grown to approximately 20 feet, are bushy, and are planted next to salt water. Mr. Kuykendall stated that Ligustrum trees are the concern; that Wax Myrtle trees are better. Vice Mayor Patterson stated that a neighbor of the park called indicating oak trees would be planted along the fence; that the assumption was the oak trees would provide high coverage and the Wax Myrtle and Ligustrum trees would provide low coverage; that the neighbor's objection was the probable increased use of the area of the park due to the shade created by the oak trees; and asked if concurrence is given with the objection? Mr. Kuykendall stated no; however, oak trees should be planted appropriately; that the revised planting plan indicates two oak trees directly behind his residence which is not accurate; that no visual block at all is provided; that oak trees on the berm behind his residence would be acceptable. Vice Mayor Patterson stated that palms are relatively expensive; that a large number of palms is necessary to provide screening. Mr. Kuykendall stated that cabbage palms can be purchased for $100 each; that 25 Ligustrum trees costing $150 each have been planted at the location; that three cabbage palms for a total cost of $300 is preferred; that approximately $3,000 worth of landscaping has been installed; that the only concern is the landscaping should be installed at the proper location. Commissioner Cardamone stated that communication and the accuracy of the revised planting plan are concerns; that the process should be started again. Commissioner Merrill stated that any recommended design for Whitaker-Gateway Park should be reviewed by the Parks, Recreational and Environmental Protection Advisory Board. Vice Mayor Patterson stated that the Administration indicated the Commission approved the installation of barbecue grills, which is not recalled; that Commission approval of a plan design is not relevant if the plan execution is different. Commissioner Cardamone asked for comment from the Administration. City Manager Sollenberger stated that Staff's presentation is disappointing; that the Commission should refer the issue of design changes for Whitaker-Gateway, Park back to the Administration; that additional work with the neighborhood is necessary; that the Parks, Recreation, and Environmental Protection Advisory Board should be involved prior to another presentation to the Commission; that the issues have not been resolved to the Administration's satisfaction. Commissioner Cardamone stated that bamboo which is a very tall, fast growing plant was previously grown extensively in Florida as a buffer; that some maintenance problems with bamboo may exist. Vice Mayor Patterson stated that bamboo maintenance is a problem. Commissioner Cardamone referred to the revised planting plan and stated that no reference legend has been provided; that planting landscaping material next to a vacant lot does not seem appropriate; that the Commission will accept a map as accurate unless told otherwise. Vice Mayor Patterson stated that a house will one day be built on the vacant lot. Mr. Kuykendall stated that the vacant area is comprised of three lots, faces U.S. 41 and is probably zoned for commercial development. Commissioner Pillot stated that the City Manager's comment concerning Staff's presentation is respected; however, he believes very strongly that Mr. Mountain and Mr. Horwedel did do the job responsibly; that an effort may have been made to achieve the impossible, i.e., to develop a plan to please all residents which is not possible without decimating the park; that sending the issue back to the Administration is supported; however, Mr. Mountain and Mr. Horwedel should not be excoriated for trying to do a very difficult job. Mr. Kuykendall stated that neither Mr. Mountain nor Mr. Horwedel are criticized; that both have tried to help neighborhood residents; however, the revised planting plan is inaccurate and ill-conceived in design, which was indicated to the Commission several months ago. Vice Mayor Patterson stated that none of the Commission excoriated Staff; that the problem rests with the landscape architect; that the Commission should not be given a plan if inaccurate; that the only fault with Staff may be in not rejecting the work of the landscape architect. Vice Mayor Patterson continued that the barbecue grills which are most offensive to residents but which may not be a considerable number, should be carefully reconsidered; that the offensive barbecue grills should be placed somewhere else entirely; that every resident cannot be pleased; however, the City has numerous other public parks which do not have the number of amenities of Whitaker-Gateway Park, which will still have the best amenities BOOK 45 Page 17418 09/21/98 6:00 P.M. BOOK 45 Page 17419 09/21/98 6:00 P.M. if scaled back; that the wealth in amenities should be spread around; that the concerns voiced to the Commission should be addressed with intelligence and care by the paid landscape architect. Commissioner Pillot stated that the term "excoriate" may have been too strong; that the implication that Staff has not communicated is a concern; that Staff has tried very hard to communicate; that he has served on the Commission for nine and a half years with Mr. Mountain on the Staff for all the time and Mr. Horwedel for a shorter period; that both communicate excellently with the public; that only praise has been heard for the manner in which Mr. Horwedel has been involved in the neighborhood since assuming the position as Director of Neighborhoods and Redevelopment. Mrs. Kuykendall stated that the revised planting plan was received on Friday, September 18, 1998, which did not provide an adequate opportunity for review; that the interest was in assuring the Commission was not of the opinion that neighborhood residents had previously reviewed the plan; that the neighborhood was not apprised of the situation previously. Mayor Dupree stated that a great deal of work over a long period of time was involved in creating the Whitaker-Gateway Park; that performing all the work associated with planning, etc., without being in touch with the neighborhood is impossible to believe; that after the park was dedicated, the indication is that all the amenities making the park user-friendly should be removed; that the neighborhood is indicating no barbecues grills should be in the park as barbecue grills attract people, resulting in noise, and cause smoke. Mr. Kuykendall stated that all the amenities should not be removed but rather should be located and designed correctly; that the park is liked; that telephone calls have not been placed to complain about the park; that the question was posed as to concerns, immediately after which the plan was received without the opportunity for comment. Mayor Dupree referred to the minutes of the June 15, 1998, regular Commission meeting including a list of desired changes requested by Mr. Kuykendall as follows: picnic pavilions relocated away from property lines noise reduced loud music banned alcohol banned parking restricted parties limited landscaping buffer increased = comfort stations not built park closed at 9 p.m. barbecue grills moved or eliminated lighting reduced picnic tables moved Mr. Kuykendall stated that none of the listed requests was for removal of any amenities; that moving the amenities to the proper location is suggested; that the only items not desired are proposed restrooms; that the request is to move some amenities and provide landscape buffering where necessary. Mrs. Kuykendall stated that a request was made to reduce the density as the park supported too much activity. Mayor Dupree stated that too many barbecue grills have been installed in Whitaker-Gateway Park. Mr. Kuykendall stated that objection to the park is not being expressed; that the neighbors want to make the park better for everyone; that some decisions are not understood; that the intent is to improve the park; however, the presented plan does not improve the park; that spending $14,000 to $15,000 on plants which do not accomplish anything does not make sense. Mr. Horwedel stated that the City Manager's contention that the issue of the design of Whitaker-Gateway Park should be revisited is supported; that a good presentation should answer more questions than raised; that Staff will have an in-depth workshop with all interested neighborhood residents; that Staff has tried to communicate as effectively as possible; that a commitment is made to double the effort; that Staff attempts to balance the public and private interest in the park. Vice Mayor Patterson stated that a major neighborhood meeting should not be called immediately; that an accurate existing plan of Whitaker-Gateway Park should be developed; that a proposed plan should initially be developed with several neighbors, possibly those with expertise, after which the proposed plan can be presented to the neighborhood for comments. Mr. Horwedel stated that the suggestion is excellent. Vice Mayor Patterson stated that the neighbors may identify a volunteer with landscape architect experience to assist. Commissioner Cardamone stated that the sadness is having spent years in trying to build a consensus on projects and a mistake has been made with the Whitaker-Gateway Park; that the City attempted to rectify the problem but returned with a revised planting plan lacking consensus or approval; that neighbors were not presented with a plan for comment prior to bringing the plan BOOK 45 Page 17420 09/21/98 6:00 P.M. BOOK 45 Page 17421 09/21/98 6:00 P.M. to the Commission; that the process in dealing with the park is flawed and keeps getting worse; that the citizens who signed up to speak may choose not to address the issue further at this time based on the Commission's anticipated action, which is to refer the issue of design changes to Whitaker-Gateway Park back to the Administration. Commissioner Pillot stated that important issues are on the balance of the Agenda; that extending the meeting beyond the normal Commission meeting deadline of 11:30 p.m. will not be supported. Vice Mayor Patterson stated that cutting off people who wish to address an Agenda Item and who have been waiting since 6 p.m. will not be supported. Commissioner Cardamone stated that citizens who signed up to speak may certainly address the issue of Whitaker-Gateway Park; that the intent was not to cut off the opportunity to speak. Vice Mayor Patterson stated that anyone who still wishes to speak may certainly come forward. Mayor Dupree stated that hearing the Commission's agreement, anyone who continues to wish to speak may come forward. Doug Means, 1100 Hampton Road (34236), stated that he does not live on the park; that the comments will be brief; that a letter was previously sent to the Commission enumerating the concerns; that the revised planting plan was seen for the first time after normal business hours on September 18, 1998; therefore, no opportunity was available to offer comments, ask questions, etc., which is frustrating as residents have been committed to resolving some of the perceived problems; that one additional item is that landscaping is indicated on the revised planting plan along the park's northern boundary; that Florida Power and Light (FPL) has an easement along the park's northern boundary; that previously, FPL had to use his property for access to trim trees; that FPL's access has been raised previously with the City as an issue; that no comment has been forthcoming. Thomas French, 1125 Hampton Road (34236), stated that his comments will be very brief; that his property is on the inner circle and not directly adjacent to Whitaker-Gateway Park; that his house and lifestyle are affected by the park; that the park is generally liked; however, the activity is too intense; that proposed plans should be presented to the Parks, Recreation and Environmental Protection Advisory Board; that the neighborhood should work together as a community; that a plan should include the location of the houses and the Bays Bluff Condominium so an informed decision can be made; that the condominium residents who also have issues should be included in any discussions. Storm Scott, 1050 Hampton road (34236), was no longer present in the Commission Chambers. Beth Steele, 1513 Palmetto Lane (34236), stated that she lives adjacent to Whitaker-Gateway Park; that an irony is the reason for the park's existence is the neighbors first rose against a convention center and then a parking lot as being too loud and too bright and some residents would have the smells of garbage containers next door; that the result is a park which has given rise to complaints of being too bright and too loud and the smell of smoke; that everyone's smoke smells regardless of race, creed, religion, color, or national origin; that the experience is all thé barbecues grills between Sarasota Bay and the houses create a smoke problem; that the smoke was overwhelming when painting under the eaves of the house recently; that the smoke has the same effect on the porch and when the house windows are open; that the majority of the barbecue grills are between her house and Sarasota Bay; that opposition is not expressed to people's having a good time; that the park has been a wonderful experience; that the pavilions are very attractive but in the wrong location; that some landscaping may be more specific to different people's problems; that for example, oak trees do not create a visual buffer, do not protect against smoke intrusion, may create a tree canopy which will draw people toward the private residences and, therefore, may not be appropriate in one location; that the main pavilion and another pavilion are in a direct line with the condominium, creating a sounding board which amplifies the noise; that unfortunately, the placement of the pavilions is not very good; that generally the opposition is not to the amenities but rather the placement; however, all the barbecue grills are opposed as all but one is bothersome. Tina Riggle, 1743 Eighth Street (34236) and Linda Holland, 617 Gillespie Avenue (34236). Ms. Holland stated that at the June 15, 1998, regular Commission meeting a request was made for additional barbecue grills in Gillespie Park; that moving the barbecue grills from Whitaker-Gateway Park to Gillespie Park seems reasonable and makes sense; that good communication has occurred with the Public Works Department over the past 17 years; that Mr. Mountain has always been responsive; that regrettably, the Department of Neighborhoods and Redevelopment has not served the purpose for which established. Ms. Riggle stated that a meeting should be held with the neighborhood residents if the barbecue grills are moved to Gillespie Park. BOOK 45 Page 17422 09/21/98 6:00 P.M. BOOK 45 Page 17423 09/21/98 6:00 P.M. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to refer the issue of a design plan for Whitaker-Gateway Park to the Administration. Motion carried unanimously (5 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Commissioner Pillot stated that doing the job thoroughly and communicating completely with all interested parties is now more important than the time. Vice Mayor Patterson stated that Staff should review any recommendation with the Parks, Recreation and Environmental Protection Advisory Board. Mayor Dupree stated that hearing the Commission's agreement, any recommendation will be reviewed by the Parks, Recreation and Environmental Protection Advisory Board. Commissioner Cardamone stated that a meeting to develop any recommendation should be held at Whitaker-Gateway Park. 20. NEW BUSINESS: DISCUSSION RE: PROCESS FOR FILLING THE VACANCY FOR THE DISTRICT 2 COMMISSION SEAT THAT WILL BE CREATED BY THE RESIGNATION (EFFECTIVE NOVEMBER 17, 1998) OF VICE MAYOR PATTERSON - 1) THE CITY AUDITOR AND CLERK WILL ACCEPT AN APPLICATION FORM, A PERSONAL LETTER AND A RESUME FROM INTERESTED APPLICANTS 2) THE DEADLINE FOR SUBMISSION IS 12 NOON ON NOVEMBER 5, 1998, AND 3) A SPECIAL COMMISSION MEETING FOR THE PURPOSE OF APPOINTING A DISTRICT 2 CITY COMMISSIONER WILL BE HELD AT 1 P.M. ON NOVEMBER 17, 1998 (AGENDA ITEM VIII-2) #4 (0909) through (1965) Vice Mayor Patterson referred to a memorandum dated August 11, 1998, from the City Attorney to the City Auditor and Clerk which indicates participation in any preliminary activity to select an appointee is inappropriate; that the only basis for recusal from a vote is a conflict of interest or the appearance of a conflict of interest; that the City Attorney's memorandum generates an appearance of a conflict of interest; therefore, she will abstain from voting on this item and left the Commission table to sit in the audience. Mayor Dupree asked if the City Attorney agrees concerning the recusal from voting. City Attorney Taylor stated yes. City Auditor and Clerk Robinson stated that as required by Section 99.012, Florida Statutes (1997), Vice Mayor Patterson submitted a letter of resignation from the District 2 Commission seat effective November 17, 1998, the date of assuming office if elected to the Sarasota Board of County Commissioners; that Section 5, Article III, of the Charter of the City of Sarasota requires: If such vacancy occurs within one (1) year prior to the expiration of the Commissioner's term, a majority of the remaining Commissioners shall, within 21 days, appoint a qualified elector to the vacant seat to serve the remainder of the unexpired term. If the City Commission fails to make the appointment within 21 days, the governor is hereby authorized to appoint a qualified elector to serve the remainder of the unexpired term. City Auditor and Clerk Robinson continued that the term of the District 2 Commission seat expires on April 16, 1999; therefore, the Commission is charged under the Charter with filling the vacancy by appointment; however, the Charter does not state a process to make such appointment; that applications, letters of interest or resumes could be accepted; that numerous inquiries concerning the process have been received. Commissioner Merrill stated that the process should be very open, upon which three Commissioners may agree; that the only issue may be the process to identify interested applicants; that an application form similar to the City's Board Application form could be made available by the Office of the City Auditor and Clerk for completion by interested applicants; that restricting who can be supported is not favored; that considerable time debating the issue may not be necessary until the result of the general election for the County Commission seat is determined; that reappointment of Vice Mayor Patterson would be supported in the unlikely event of failure to be elected to the County Commission; that the anticipation is the majority of the City Commission would support such reappointment; that another election for County Commissioner which includes a Democratic candidate will be held; that devoting considerable time to debate prior to the general election may be presumptuous. Commissioner Cardamone agreed but stated that numerous inquiries of interest have been received; that a process should be established; that the inquiries of interest have been striking in the seriousness of the intent to help; that the offers to help have been for a short period of time; that no one has indicated an interest in serving as City Commissioner as a life-long ambition; that requesting a letter of application accompanied by a resume and possibly an application form would be supported; that Commission nominations should occur by a certain date, which should be determined at this time; that the possibility of a split vote with only four Commissioners voting should be BOOK 45 Page 17424 09/21/98 6:00 P.M. BOOK 45 Page 17425 09/21/98 6:00 P.M. addressed; therefore, a process should be established in the event of a split vote; that the City's Board Application Form has relevant questions, i.e., residency, convictions, etc.; that applicants should be made aware of the requirement to submit a Financial Disclosure Form; that a package could be assembled for interested applicants; that residents who have expressed an interest could submit any additional required documentation. Commissioner Pillot agreed and stated that the results of the general election will be known on November 3, 1998; and asked the date the Commission can make an appointment. City Attorney Taylor stated that the process can be established at the discretion of the Commission; however, the appointee cannot take office until November 17, 1998. Commissioner Pillot stated that Vice Mayor Patterson could be an applicant for reappointment if the results of the election are different from his expectation; that the Commission should not meet until on or after November 4, 1998, when the results of the general election are known to select an appointee; that the process for identifying applicants should be totally open; that receipt of a letter, resume and application form is supported; that all three pieces of documentation should be submitted to the City Auditor and Clerk; that anyone who has already expressed interest could submit whatever additional documentation is necessary; that the appointment decision should be made as quickly as legally and legitimately possible; that an out-of-town commitment precludes his availability until November 6, 1998; that a special Commission meeting should be called for the purpose of making an appointment; that a deadline for submission which will provide adequate time for Commission review should be established; that the incumbent, if an applicant, should not be required to submit an application as the qualifications are known; that applications should be accepted from all interested, qualified persons; that qualifications should be publicly reaffirmed by the City Auditor and Clerk; that copies of applications should be provided the Commission for review and personal interviews as desired. Commissioner Pillot continued that newspaper articles have reported on the various Commissioners positions with reference to the possibility of a temporary appointment; that imposing a stipulation that an applicant agree to refrain from running in the City's election for City Commissioner in March 1999 is not supported; that the two-fold reason is as follows: 1) the rarity of the opportunity for an individual to have five months experience on the Commission to determine an interest in serving for four years and 2) the opportunity for the public to evaluate a person for five months prior to an election; that generally a Commissioner serves for four years before the public can vote a Commissioner out of office; that the intelligence and thoughtfulness of the City's voters will assure an inordinate edge is not provided to an appointee in the March 1999 City election as the voters will vote for the best candidate. Mayor Dupree stated that submission of a letter, a resume and an application form to the Office of the City Auditor and Clerk is supported; that a definite meeting date and time for the selection should be determined. Commissioner Pillot asked if the meeting time can be advertised for a 9:00 a.m. commencement with adjournment upon completion of the Commission's business. City Auditor and Clerk Robinson stated yes. Commissioner Cardamone stated that a deadline for applications should be established. Commissioner Merrill stated that the deadline should be after the November 3, 1998, general election; that adequate time to prepare the application should be made available; that the deadline could be 12 noon on November 5, 1998. Mayor Dupree stated that hearing the Commission's agreement, the deadline for submission of applications will be 12 noon on November 5, 1998. Commissioner Pillot stated that a special Commission meeting for the purpose of filling the vacancy for the District 2 Commission seat could be held commencing at 9:00 a.m. on November 6, 1998, providing adequate time for Commission review of applications. Commissioner Cardamone stated that supporting the appointment of an individual not interested in running for City Commissioner in the March 1999 election was accurately quoted by the newspaper; that the primary reason is to avoid the appearance of Commission endorsement of a candidate in the March 1999 election. Commissioner Pillot stated that an application process open to any qualified individual with interest is supported; and asked if the position of the majority of Commission concerning an application process which is opened or closed to possible candidates for the March 1999 election can be determined? Mayor Dupree stated that limiting the process to applicants who would indicate no interest in running for the March 1999 election was initially supported due to the possibility of an unfair advantage; that after Commission discussion, not placing a restriction on interested applicants is supported. BOOK 45 Page 17426 09/21/98 6:00 P.M. BOOK 45 Page 17427 09/21/98 6:00 P.M. Commissioner Merrill stated that appointing an applicant who is not interested in running in the March 1999 election is supported; however, the right to vote for any applicant is reserved in the event of a tie vote; that limitations cannot be imposed on Commissioners' votes; nevertheless, the preference is for an applicant who will not run in the March 1999 election. Commissioner Pillot stated that interested parties should be advised of the Commission's position, which is currently split two to two; therefore, no rule has been established. Commissioner Cardamone stated that the newspaper reported the Mayor did not support the appointment of an individual who is interested in running for City Commissioner in the March 1999 election; that the Mayor's reported position was pleasing; that the Mayor is requested to reconsider as the prevailing attitude is appointment of an applicant interested in the March 1999 election would provide public exposure and a forum for campaigning while serving as City Commissioner; that the appointee may or may not use the Commission table as a forum for campaigning. Commissioner Merrill stated that selection of appointee will require three of four votes. Commissioner Cardamone stated that an effort is being made to assure the Mayor understands the platform provided by the Commission table. Commissioner Pillot stated that no motion incorporating a rule for the selection process is on the table for a vote. Mayor Dupree asked for legal comment. City Attorney Taylor stated that the Charter does not impose a requirement concerning the candidacy of appointees in any upcoming election; that any adopted limitation would be self imposed by the Commission; that the selected applicant must be completely agreeable to the limitation, which is probably not legally enforceable; that the ethics and morality of the individual would prevail. Commissioner Pillot stated that a two-to-two tie cannot establish a limitation which does not exist. City Attorney Taylor stated that the applicant would have to agree to the limitation which has not been established as a requirement for the job; that the Commission is the judge of its own elections. Commissioner Pillot stated that no basis has been establish to ask applicants to declare an interest in running in the March 1999 election; that such a limitation cannot be imposed unless the Mayor changes position. Vice Mayor Patterson returned to the Commission table and asked what conflict prohibits her from voting if she is not a candidate for reappointment to the District 2 Commission seat? City Attorney Taylor stated that a vacancy cannot be replaced until the vacancy exists; that the Charter indicates the remaining Commissioners will vote on the appointment. Vice Mayor Patterson stated that a position will not be taken on an appointment; however, the Commission's voting on an appointment on November 6, 1998, during her continued service on the Commission causes concern. Commissioner Pillot agreed and stated that a Commission meeting should be delayed until November 17, 1998. Commissioner Cardamone stated that the Commission cannot restrict anyone eligible for appointment from applying; that a requirement cannot be established that a waiver be signed that the applicant will not seek the office of City Commissioner in the March 1999 election; however, the Commission can send a message that an interest exists in appointing someone who will not be a candidate. Commissioner Pillot stated that Commissioners can send a message that interest does or does not exist in appointing someone who will not be a candidate. Commissioner Cardamone stated that the hope was a majority of three Commissioners would be interested in an applicant who does not wish to run in the March 1999 election. Commissioner Pillot stated that the Commissioners' position can change. City Attorney Taylor quoted from the August 11, 1998, memorandum as follows: - it is not appropriate to select a specific successor until after the vacancy in the District 2 seat has been confirmed. Commissioner Pillot stated that the appointment should be no earlier than November 17, 1998. Commissioner Cardamone stated that the vacancy is confirmed on the date of the election, i.e., November 3, 1998. BOOK 45 Page 17428 09/21/98 6:00 P.M. BOOK 45 Page 17429 09/21/98 6:00 P.M. City Attorney Taylor stated that by law, the vacancy will not exist until November 17, 1998. Commissioner Pillot stated that the deadline for applications should be November 5 and a Commission meeting scheduled for November 17, 1998. Commissioner Cardamone asked the schedule for the swearing-in ceremony for County Commissioner. Vice Mayor Patterson stated that the swearing-in ceremony is scheduled for 9 a.m. on November 17, 1998. Commissioner Cardamone stated that the City Commission meeting could be scheduled for 1 p.m. on November 17, 1998. Mayor Dupree stated that hearing the Commission's agreement, the Commission meeting for the purpose of filling the vacancy for the District 2 Commission seat is scheduled for 1 p.m. on November 17, 1998, and asked the City Auditor and Clerk to restate the Commission's decisions. City Auditor and Clerk Robinson stated that the Commission decided: 1. The City Auditor and Clerk will accept an application form, a personal letter and a resume from interested applicants. 2. The deadline for submission is 12 noon on November 5, 1998. 3. A special Commission meeting for the purpose of appointing a District 2 City Commissioner will be held at 1 p.m. on November 17, 1998. Commissioner Merrill stated that as a point of order, it is after 11:30 p.m.i that an affirmative vote is required to continue the Commission meeting. Mayor Dupree stated that the point of order is noted; that a motion to continue the Commission meeting is in order or the Commission meeting will be adjourned. 21. ADJOURN - (AGENDA ITEM XII) #4 (1965) There being no further business, Mayor Dupree adjourned the regular meeting of September 21, 1998, at 11:42 p.m. o SOTA JEROME DUPREE N MAYOR TEST y 3Cly & Reberson BI-LY B. ROBINSON, CITY AUDITOR AND CLERK BOOK 45 Page 17430 09/21/98 6:00 P.M.