Book 36 Page 10501 05/16/94 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 16, 1994, AT 6:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins, Mollie Cardamone and Gene Pillot, City Manager David Sollenberger, city Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor APSENT: None PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR APRIL, 1994 - FLORINE BLAKE, BUILDING TECHNICIAN I, CODE ENFORCEMENT DEPARTMENT #1 (0048) through (0104) William Hewes, Director of Building, Zoning, and Code Enforcement, and Florine Blake, Building Technician I, came before the Commission. Mr. Hewes stated that Florine Blake works diligently for the Building Department, co-workers, and the entire City; that she has been the Chairperson for the Employee Appreciation Committee for the past two years and has also served on the Holiday Committee; that co-workers and customers will agree that Florine takes her job seriously and serves "With Excellence and Pride". Mayor Patterson presented Florine Blake with a plaque and certificate for the Employee of the Month for April 1994 in appreciation of her unique performance with the City of Sarasota and congratulated her for her outstanding efforts. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. 94R-736, RECOGNIZING THE PASSING OF FRANCIS L. SCOTT, a FORMER POLICE CHIEF OF THE CITY OF SARASOTA AND AN OUTSTANDING CITIZEN OF THE COMMUNITY = ADOPTED #1 (0125) through (0245) Mayor Patterson stated that the City of Sarasota Memorial Resolution No. 94R-736 recognizes the May 10, 1994, passing of former Police Chief Francis L. Scott, an outstanding citizen of Sarasota. Mayor Patterson read Memorial Resolution No. 94R-736 in its entirety and stated that the memorial resolution will be made into a plaque and delivered to the Scott family. On motion of Commissioner Atkins and second of Commissioner Pillot, it was moved to adopt Memorial Resolution No. 94R-736. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson requested that Mrs. Scott, who was present in the audience, stand to be recognized. Mrs. Scott stated that she appreciates the City of Sarasota honoring her husband. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 94R-737, RECOGNIZING THE PASSING OF ROBERT A. MCLELLAND, FORMER CITY AUDITOR AND CLERK OF THE CITY OF SARASOTA AND AN OUTSTANDING CITIZEN OF THE COMMUNITY = ADOPTED #1 (0246) through (0352) Mayor Patterson stated that the city of Sarasota Memorial Resolution No. 94R-737 recognizes the May 9, 1994, passing of former City Auditor and Clerk Robert A. McLelland, an outstanding citizen of Sarasota. Mayor Patterson read Memorial Resolution No. 94R-737 in its entirety and stated that the memorial resolution will be made into a plaque and delivered to the McLelland family. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to adopt Memorial Resolution No. 94R-737. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0357) through (0396) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Scheduled Presentations, Item No. V-1, Presentation Re: Lido Beach Renourishment Project, per the request of Dennis Daughters, Director of Engineering/City Engineer. B. Remove under Unfinished Business, Item No. VII-2, Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute an Agreement for Engineering Services with Coastal Planning and Engineering, Inc. to provide an Off-shore Sand Source Study for Lido Key Book 36 Page 10502 05/16/94 6:00 P.M. Book 36 Page 10503 05/16/94 6:00 P.M. Beach, per the request of Dennis Daughters, Director of Engineering/City Engineer. C. Move forward on the agenda New Business, Item No. VIII-3, Approval Re: Letter of support and intent to work with Sarasota County to modify Interlocal Agreement to make the Orange Avenue Park available to support the concept proposal of the Boys and Girls Club. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. APPROVAL OF MINUTES: APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MAY 2, 1994 (AGENDA ITEM I) #1 (0397) through (0407) On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to approve the minutes of the Regular City Commission Meeting of May 2, 1994. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 6. NEW BUSINESS: APPROVAL RE: LETTER OF SUPPORT AND INTENT TO WORK WITH SARASOTA COUNTY TO MODIFY INTERLOCAL AGREEMENT TO MAKE THE ORANGE AVENUE PARK AVAILABLE TO SUPPORT THE CONCEPT PROPOSAL OF THE BOYS AND GIRLS CLUB = APPROVED (AGENDA ITEM VIII-2) #2 (0413) through (0637) Roy McBean, Growth & Development Committee Chairman, Boys and Girls Clubs of Sarasota; Stan Crumley, Member of the Board of Directors of the Boys and Girls Clubs of Sarasota County; and J. Mack Reid, Executive Director, Boys and Girls Clubs of Sarasota County, came before the Commission. City Manager Sollenberger stated that he met with Mr. McBean, Mr. Reid, Commissioner Atkins, and Walter Brown, Executive Director of the Sarasota Housing Authority (SHA), to discuss leasing the Orange Avenue Park property to the Boys and Girls Club for the construction of a 20,000 square-foot building to serve the Orange Avenue public housing project and surrounding neignborhoods; that it was decided instead to have the Boys and Girls Club request permission from the SHA to construct the building on 21st Street adjacent to the drainage ditch soon to be covered; that SHA has approved the conceptual plan. Mr. Sollenberger continued that the Boys and Girls Club made a request to lease the Orange Avenue Park as a recreational support facility; that the Administration's recommendation is to issue a letter of support and intent to work with the County to modify the Interlocal Agreement to make the Orange Avenue Park available to support the Boys and Girls Club development concept as proposed for program purposes. Mr. McBean stated that the Newtown area Boys and Girls Club facility opened at the public housing project on Orange Avenue last June; that the Club cannot reach the number of youngsters or implement the number of programs necessary to be effective in the community at the existing capacity level; that plans have been initiated to erect a new building capable of serving many more youngsters than the current facility; and that the current facility will be retained as a learning center. Commissioner Pillot asked for clarification of the "drainage ditch soon to be covered". Mr. Sollenberger stated that the County drainage utility is handling the drainage ditch; that the Florida Department of Environmental Protection (FDEP) had concerns regarding covering the drainage ditch; however, the matter has been resolved; that it is anticipated that the drainage ditch will be enclosed by the time the Boys and Girls Club facilities are completed; that public health, welfare, and safety were the major reasons presented to the FDEP for enclosure of the ditch. Commissioner Atkins stated that as a representative of the Orange Avenue area, he appreciates the effort and responsibility of the Boys and Girls Clubs of Sarasota County; that the community should thank them for helping the City of Sarasota be the best that it can be. Mayor Patterson stated that the partnership presented is the best of all partnerships; that she is pleased to have the item on the agenda. Commissioner Pillot asked if the Administration's recommendation will help the Boys and Girls Club move forward with this project? Mr. Reid stated that a letter of support and intent would definitely help move this project forward. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve and authorize Staff to negotiate changes in the Interlocal Agreement with the County concerning Parks and Recreation which would make the Orange Avenue Park available to the Boys and Girls Club for program purposes. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 7. BOARD ACTIONS: (AGENDA ITEM II) There were no Board Actions scheduled. Book 36 Page 10504 05/16/94 6:00 P.M. Book 36 Page 10505 05/16/94 6:00 P.M. 8. CONSENT AGENDA NO. 1: ITEMS 1, 2, 3, 4, AND 6 - APPROVED; ITEM 5 - APPROVED (AGENDA ITEM III-A-1, -2, -3, -4, -5, AND -6) #1 (0640) through (1287) Mayor Patterson requested that Item 5 be removed for discussion. 1. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the First Amendment to the Agreement between the City of Sarasota and the Southwest Florida Water Management District (SWFWMD) for the design and construction of the City's Urban Reclaimed Water Line Expansion 2. Approval Re: Authorize the Mayor to execute the ap- plication for the third year continuation of the Federal Anti-Drug Abuse Sub-Grant 3. Approval Re: Clarification of the use of the allocation of $25,000 from the Law Enforcement Trust Fund (110) for the purpose of financing a protracted criminal inves- tigation 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Temporary Easement for the New Pass Maintenance Dredging Project 6. Approval Re: Set for Public Hearing proposed Ordinance No. 94-3804, amending Chapter 29.5, Site Improvements, to provide for drainage requirements for single-family homes and individual duplexes; to limit the introduction of fill onto such properties; to require a permit for the introduction of fill onto such properties; repealing or- dinances in conflict; providing for the severability of the parts hereof; etc. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1 Items 1, 2, 3, 4, and 6. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the New Pass Seawall at Ken Thompson Park Agreement for Engineering Services with Bishop and Associates, Inc., for the con- ceptual phase of the project Mayor Patterson stated that the additional funding which has been obtained to decrease the City's budget shortfall for the New Pass Seawall replacement at Ken Thompson Park pleases her; however, she is concerned with installing a hard seawall along the entire length of Ken Thompson Park; that rock revetments are considered more environmentally sound. Mayor Patterson asked if rock revetments can be used on a portion of the project? Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Hay, Assistant City Engineer, came before the Commission. Seawall replacement costs and preliminary cross-sections were displayed on the overhead projector. Mr. Daughters stated that various combinations to achieve shoreline protection can be accomplished; however, the Staff strongly recommends a concrete seawall rather than a rock revetment or cabled concrete block system; that a rock revetment or the cabled concrete block system would require a 3:1 slope; that 35 to 40 feet of land use will be lost if either of these systems is used. Mayor Patterson stated that the rock revetments along Sarasota Big Pass which were recommended by the County's Environmental Department and approved by the City Commission for the Bayou Louise Lane properties did not require as steep a slope or 35 to 40 feet of land use. Mayor Patterson continued that the Bayou Louise Lane area of Sarasota Big Pass has as much, if not more, boat traffic and impact from the open sea as the Ken Thompson Park area of New Pass, and asked why such a tremendous slope is necessary? Mr. Daughters stated that the length of the slope is gained by the depth; that the existing seawall has to be cut off at an elevation which will not impact boats travelling in that area; that the top of the suggested rock revetment or cabled concrete block system would be at an elevation of 4 feet above sea level and the bottom of the slope would be at an elevation of minus 5 feet below sea level, requiring 9 feet of elevation to be sloped back on a 3:1 grade. Mr. Daughters continued that the seawall replacement was discussed last week with staff members of the County Environmental and County Parks Departments; that the County Parks Department adamantly supports the concrete seawall; that the County Environmental Department agreed with that position if other environmental areas can be created on City Island; that two locations on City Island can be considered for possible environmental use in the future when funding becomes available. Mayor Patterson stated that the County is not funding any portion of the seawall replacement. Mr. Daughters stated that the County is not funding the project directly; however, the County feels it is funding the project indirectly through West Coast Inland Navigation District (WCIND) . Mayor Patterson stated that the WCIND is a regional authority; that, indirectly, every taxpaying citizen is funding the project; that the County is not directly Book 36 Page 10506 05/16/94 6:00 P.M. Book 36 Page 10507 05/16/94 6:00 P.M. contributing toward the funding of the seawall replacement; that she takes exception to the County being adamant as to what type of seawall the City should fund. Mayor Patterson asked if the County is adamant because of the resulting loss of land? Mr. Daughters stated that is correct. Vice Mayor Merrill stated that one of the differences is that the rock revetment at the Bayou Louise Lane properties started at sea level; that the cabled concrete block system seawall being discussed has a cutoff of minus 5 feet below sea level and, therefore, requires a greater portion of land use. Mayor Patterson stated that she notified the Administration that she would be removing this item for discussion; that the estimated construction costs of the alternatives should have been distributed in written form to the Commission; that it is difficult to compare the costs of the alternatives when they are displayed on the overhead projector. Mr. Daughters stated that the concepts and the slopes were presented previously to the Commission; that the Commission took action to support the seawall; that only the design contract is before the Commission tonight; that another presentation on the concepts and the slopes can be given to the Commission if sO desired. Commissioner Cardamone stated that a narrower rock revetment could be used if the land behind the seawall is built upi that a rock revetment provides an environmental area for smaller fish life and water creatures; that a flat seawall "kills" the entire use of the water for this type of aquatic life. Mr. Daughters stated that changing the seawall to a rock revetment would environmentally enhance the area; however, a seawall has existed at this location for over 50 years, and in his opinion, has not created an environmental impact. Mr. Daughters continued that the main concern of the County Environmental Department associated with. using a concrete seawall was the wave refraction; however, it was shown that the sand bar on the north side of the channel has not been affected or changed by the wave refraction. Commissioner Pillot stated that this is a technical matter about which he has no personal knowledge or expertise; therefore, he will support the recommendation developed using Engineering Department expertise. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve Consent Agenda No. 1, Item 5. Mayor Patterson asked if any of the 30 to 45 feet of the landward slope can go into the water? Mr. Daughters stated that the slope can go either wayi that sloping further into (the water) has a much greater impact to the environment and will require a dredge and fill permit which is difficult to obtain. Mayor Patterson asked if the fishing piers will be replaced? Mr. Daughters stated that replacement is optional; that the County Parks Department recommended against replacement of the piers because they are 1) an impediment to boat traffic and 2) of high- maintenance intensity; that one option discussed was to place a railing on the seawall to provide a fishing location. Commissioner Cardamone stated that the Sarasota Bay National Estuary Program (NEP) is concerned about seawalls; that the NEP is searching for someone to manufacture a product that will provide an environmental area along seawalls for small fish life; that the City will probably purchase one of these products after a new seawall is installed. Mr. Daughters stated that there is a short section of seawall on City Island located south of the boat ramps which provides no obvious benefit (of shoreline protection) ; that this location was discussed with the County Environmental Department as one of the possible locations to be pursued as an area for environmental development in the future. Mayor Patterson called for the vote on the motion. Motion carried (4 to 1): Atkins, yes; Cardamone, no; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson stated that public hearings were advertised for 6:30 p.m. and since it was past that time, the Commission proceeded to the public hearings. Mayor Patterson requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3793, TO REZONE FROM ILW ZONE DISTRICT TO CI ZONE DISTRICT THE FOLLOWING DESCRIBED PROPERTY: LOTS 12.3.4.5.6.7.8.9. LESS RIGHT-OF-WAY. BLOCK B, SECOND ADDITION TO ROSELAND PARK AS RECORDED IN PLAT BOOK 1, PAGE 99, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 94-CO-04, MIDDLETON) - PASSED ON FIRST READING (AGENDA ITEM IV-1) Book 36 Page 10508 05/16/94 6:00 P.M. Book 36 Page 10509 05/16/94 6:00 P.M. #1 (1287) through (1402) Jane Robinson, Director of Planning and Development, came before the Commission, and stated that this proposed ordinance will conditionally rezone, from Industrial, Light, and Warehousing (ILW) Zone District to Commercial, Intensive (CI) Zone District, the property located between 13th Street and 15th Street at the northwest corner of Washington Boulevard (U.S. 301), with a street address of 1301 North Washington Boulevard; that Preliminary Site and Development Plan 94-F has been filed in connection with this conditional rezoning petition; that the City's Development Review Committee reviewed this proposal and found that all code requirements have been met; that the Planning Board/Local Planning Agency, found proposed Ordinance No. 94-3793 and Preliminary Site and Development Plan 94-F consistent with the Sarasota City Plan and the Tree Protection Ordinance, and recommended approval to the City Commission. Pamela Middleton, representing Middleton Enterprises, Inc., Petitioner, came before the Commission and stated that there is no change being proposed to the foot print of the building; that a down zoning is requested in order to allow the capability of leasing to additional retail uses; that the parking requirements in the ILW and CI Zone Districts are identical; that a package liquor store was identified in the petition, however, that potential tenant is no longer interested in leasing space. Mayor Patterson opened the public hearing. There was no one who wished to speak, and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 94-3793 by title only. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to pass Ordinance No. 94-3793 on first reading. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1) : Atkins, no; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 10. CONSENT AGENDA NO. 2 - ITEM 1 (RESOLUTION NO. 94R-735) ADOPTED; ITEM 2 (ORDINANCE NO. 93-3709) - ADOPTED; ITEM 3 (ORDINANCE NO. 94-3787) - ADOPTED; ITEM 4 (ORDINANCE NO. 94-3788) = ADOPTED (AGENDA ITEM III-B-1, -2, -3, and -4) #1 (1403) through (1597) Commissioner Pillot requested that Item 2 be removed. Mayor Patterson requested that Item 1 be removed. City Auditor and Clerk Robinson read proposed Ordinance Nos. 94-3787 and 94-3788 by title only. 3. Adoption Re: Second reading Of proposed Ordinance No. 94-3787, amending Chapter 24, Personnel, of the Code of the City of Sarasota (1986), Article II, General Employees' Pension Plan, Division 4, amending Section 24-99, to provide for amended investment criteria; amending Section 24-101 to provide for the purchase of credited service for absences pursuant to the Family Medical Leave Act; providing for severability of provisions; repealing all ordinances in conflict herewith; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 94-3788, amending the definition of "Firefighter", providing for the severability of the parts hereof if declared invalid; repealing ordinances in conflict; etc. (Title Only) On motion of Vice Mayor Merrill and second of Commissioner Pillot, it was moved to approve Consent Agenda No. 2, Items 3 and 4. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 1. Adoption Re: Proposed Resolution No. 94R-735, authorizing the submittal of an application to the Florida Department of Environmental Protection for Beach Management Trust Funds for Fiscal Year 1994/95 for the Lido Key Beach Nourishment Project; setting forth findings; etc. (Title Only) Mayor Patterson asked the Administration if the City will "piggyback" this request with a request for federal funding? City Manager Sollenberger stated that the City had an obligation to submit an application to the Florida Department of Environmental Protection (FDEP) for Beach Management Trust Funds by May 1, 1994; that this resolution authorizing the grant submittal is necessaryi that Lonnie Ryder, Environmental Administrator, FDEP-Beaches and Shores, will make a presentation to the Commission on June 20, 1994, regarding funding opportunities. City Auditor and Clerk Robinson read Resolution No. 94R-735 by title only. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve Consent Agenda No 2, Item 1. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll- call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Book 36 Page 10510 05/16/94 6:00 P.M. Book 36 Page 10511 05/16/94 6:00 P.M. 2. Adoption Re: Second reading of proposed Ordinance No. 93-3709, amending the Sarasota City Code, Chapter 28, Sales, by modifying Article I, in General, to incorporate the regulation of garage sales; providing a definition of garage sales; making it unlawful to conduct more than two garage sales in any calendar year at the same location within a residential district; regulating the hours during which garage sales may be conducted; providing for penal- ties; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) City Auditor and Clerk Robinson read proposed Ordinance No. 93-3709 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to adopt Ordinance No. 93-3709. Commissioner Pillot stated that he removed this item to vote "no" for the reasons stated at the May 2, 1994, Regular Commission Meeting as noted in the minutes. Commissioner Atkins stated that he will vote "no"; that the City is going too far by regulating garage sales. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 2): Atkins, no; Cardamone, yes; Merrill, yes; Pillot, no; Patterson, yes. 11. PRESENTATION RE: SARASOTA MOBILITY STUDY - U.S. 301 CORRIDOR FROM BAHIA VISTA STREET TO SARASOTA/MANATEE COUNTY LINE = NO ACTION TAKEN (AGENDA ITEM V-2) #1 (1606) through (2734) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, and stated that the Florida Department of Transportation and its contractor on the U.S. 301 Corridor Study will make a presentation for Commission information. Jim Baxter, Traffic Analysis Engineer, Florida Department of Transportation (FDOT), and Robert E. Schmelz, P.E., Senior Project Manager, Multimodal Transportation, Gannett Fleming, Inc., came before the Commission. Mr. Baxter stated that the FDOT contracted with Gannett Fleming as the consultant to undertake a pilot corridor project to determine whether more lanes on U.S. 301 can best alleviate the problems in the area or if alternative measures should be used. Mr. Schmelz introduced David Bredahl, Deputy Project Manager, Gannett Fleming, Inc., and Georgianne Ratliff, Florida Planning Studio, who were present in the audience, and stated that Ms. Ratliff is the sub-consultant responsible for public participation and pedestrian planning concerns. Various charts related to the U.S. 301 Multi-modal Corridor Study were referenced throughout the presentation. Mr. Schmelz stated that the purpose of the study is to identify mobility needs by focusing on where people are going and why; that the goal of the study is to determine cost-effective improvements to move people and goods through the U.S. 301 Corridor; that the study is a mobility study rather than a corridor study because it focuses on other issues, not occurring on U.S. 41 or U.S. 301, which may offer potential solutions to the problems; that the study will not be restricted to the review of only one street; that inexpensive solutions may be found involving three or four streets or by placing signage north or south of the study area; that the framework for this type of study is based on the imperatives of the Intermodel Surface Transportation Efficiency Act of 1991 (ISTEA) for funding of federal projects. Mr. Schmelz continued that transit, bus, and pedestrian improvements as well as improvements in automobile and truck movement will be examined to facilitate travel and reduce congestion and air pollution. Mr. Schmelz stated that initial meetings have been held to gather data; that the study area has been determined as follows: University Parkway to the north, Bahia Vista Street to the south, Sarasota Bay to the west, and Lockwood Ridge Road to the east; that previously developed travel demand forecast models will be modified to deal specifically with the area of concern; that traffic counts have been conducted at 30 locations; that bicycle and pedestrian counts have been conducted in the vicinity of Sarasota High School; that origin destination studies have been completed at various locations; that interviews have been conducted with people stopped at traffic signals to gather specific information; that the interview data helps him understand the mobility needs the public feels should be addressed by the improvements. Commissioner Cardamone asked when the trip generation studies were conducted? Mr. Schmelz stated that those studies were completed in March to ensure that in-season and public school traffic was included. Mr. Schmelz stated that the project was initiated in November 1993 and will extend through May 1995; that the public involvement process will be extended throughout the studyi that meetings have been held with the Study Technical Advisory Team and Multi- Disciplinary Team on which the Metropolitan Planning Organization, the City of Sarasota, and Sarasota County have representatives; that data collection activities are proceeding ahead of schedule; that other projects occurring in the area, i.e., the University Book 36 Page 10512 05/16/94 6:00 P.M. Book 36 Page 10513 05/16/94 6:00 P.M. Parkway/U.S. 301, Ringling Causeway Bridge Replacement, and traffic synchronization, will be interfaced into this study and considered in the recommendations. Commissioner Atkins asked if travellers using side streets being held "hostage" by the traffic light timing cycles will be addressed in this study? Mr. Schmelz stated that this study is sensitive to these issues; that these issues will be coordinated through FDOT to determine what works best to meet the types of trips identified. Mayor Patterson stated that people trying to access the main thoroughfares from the side streets also want people to use the main thoroughfares; that an efficient flow of traffic on the thoroughfares is necessary to entice travellers to use them. Commissioner Atkins stated that the length of the timing of the traffic lights on the side streets of U.S. 41 and U.S. 301 is causing travellers to seek alternative routes to avoid these traffic lights; that the City is trying to discourage the use of these alternative routes which are through neighborhoods on residential streets; that the light at 17th Street allows only three vehicles to cross U.S. 301 when it turns green; that this creates a problem for travellers and causes major cut-through traffic at the Wendy's located on the corner. Mr. Schmelz stated that cross traffic should be able to access "windows of opportunity" to cross the main thoroughfares when the through traffic is better handled; however, he is not familiar with the specifics of the City's signal system project. Commissioner Cardamone asked Mr. Schmelz if important information will be presented to the Commission as it is gathered? Mr. Schmelz stated that he is willing to meet with the Commission before the two public workshops to be scheduled; that the needs as supported by the gathered data will be presented at the first public workshop; that input on public sensitivity issues will be requested at that workshop; that the second public workshop will be used to present viable alternatives to meet the mobility needs of the area and to receive public comments on those alternatives; that the Commission can voice comments through Pamela Hower, City Senior Planner, and Asim Mohammed, Assistant City Engineer, who are members of the Study Technical Advisory Team. Commissioner Cardamone stated that the Commission is concerned with the impact of this study on neighborhoods. Mayor Patterson stated that the information to be presented to the public should first be presented to the Commission. Vice Mayor Merrill stated that he is concerned with the southern boundary of the study being Bahia Vista Street; that in his opinion the heaviest congestion on U.S. 41 south of downtown is between Bahia Vista and Hillview Streets; that he is concerned with the potential problems of adding another lane of traffic to U.S. 301 and having 8,000 additional vehicles merge into that area. Mayor Patterson stated that her concern extends through to Bee Ridge Road if another lane of traffic is added to U.S. 301. Vice Mayor Merrill asked if the traffic volume will be based on current traffic counts or future predicted counts based on potential development? Mr. Schmelz stated that a count projected 20 years in the future will be used to understand where future congestion could occur; that current as well as future congestion will be addressed. Vice Mayor Merrill asked if the area between Bahia Vista and Hillview Streets will be addressed in this study? Mr. Schmelz stated that it is difficult to determine the boundaries of a study; that the scope as described will be the initial focus; that the concerns expressed. will help him understand the needs. Mr. Schmelz continued that much information was gained from the field origin destination interviews; that travellers are trustrated because they are unable to travel through Sarasota to their destination; that other travellers unfamiliar with the area are not aware of viable alternative routes to their destination; that there may be some cost effective and inexpensive solutions to facilitate not only local residents who make their way through residential neighborhoods but also those unfamiliar with the area who require better trailblazing. Vice Mayor Merrill stated that traffic is a major pollution factor in urban areas; that the quality of air in Sarasota is currently good, but at times approaches the threshold. Vice Mayor Merrill asked if the study will focus on air quality? Mr. Schmelz stated that air quality and noise are two of the specific environmental pieces of the study. Vice Mayor Merrill stated that these pieces should also be based on potential future volumes. Mr. Schmelz stated that many alternatives will be evaluated before an additional lane is recommended for U.S. 301; that mass-transit, Highway Occupancy Vehicle (HOV) lanes, and innovative van-pooling will be addressed as possible solutions; that major employers and representatives of area medical facilities will be interviewed to determine better ways to handle the traffic demand. Vice Mayor Merrill stated that one-way pairing of streets facilitates traffic, but tends to affect adjacent land uses by reducing its desirability for retail and other uses; that at a Downtown/Main Street Conference he had attended last year it was expressed that one-way streets should be avoided in downtown areas; that one-way streets make it difficult for people to visualize Book 36 Page 10514 05/16/94 6:00 P.M. Book 36 Page 10515 05/16/94 6:00 P.M. going to and from a specific location; that the adverse affect of one-way pairing of streets on land uses should be taken into consideration. Mr. Schmelz stated that a previous study evaluated one-way pairing and it was not recommended for the Sarasota area; that one-way pairing is efficient, but does not meet the other needs in this area. Commissioner Pillot requested that an explanation be given of what ISTEA is and how it affects the study. Mr. Schmelz stated that ISTEA stands for the Intermodel Service Transportation Efficiency Act of 1991 and is the funding mechanism for transportation improvement from the federal government; that the ISTEA requires the following: 1) the transportation and mobility needs, including highways, goods movement, services, and other community values, first be determined, and 2) the transportation improvement best meeting those needs in a cost- effective manner be selected; that ISTEA requirements must be met to receive federal government participation in transportation improvements. Commissioner Cardamone stated that she urges Mr. Schmelz to obtain a copy of the traffic study completed by Sarasota Memorial Hospital (SMH) ; that SMH is located just south of Bahia Vista Street; that SMH is the second major employer in Sarasota County; that the many ancillary services around the hospital probably results in that area being the largest employer in the County. Mayor Patterson stated that she awaits with interest the potential solutions generated by this study; that the ultimate solution may be to make U.S. 301 into six lanes; that widening a road can be friendly to pedestrians although it is more costly because more right-of-way must be acquired to install an ample median; that Park Avenue in Manhattan has broad medians ending at each block to allow U-turns easily and providing access to streets on either side; that a sufficient investment now, knowing that it only has to be done once, may be wiser than using a stop-gap measure solution which will cause the current issues to be raised again in 10 years. 12. CITIZENS' INPUT: REFERRED THE REQUEST OF THE LEON AVENUE ASSOCIATION FOR CRIME WATCH SIGNS TO THE ADMINISTRATION: (AGENDA ITEM VI) #1 (2750) through (3310) The following citizens came before the Commission: Dorothy Clark, 1521 23rd Street, distributed a list of Leon Avenue Association By-laws and stated that Leon Avenue residents have formed an association and a Neighborhood Watch Committee; that two Neighborhood Watch signs are requested for placement at 1) the corner of Dr. Martin Luther King, Jr. Way and Leon Avenue, and 2) the corner of Orange Avenue and 23rd Street. Commissioner Pillot stated that the Commission has encouraged neighborhoods to form associations such as this, and should honor Ms. Clark's request. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to refer the request for two Neighborhood Watch signs to the Administration. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson stated that the Commission appreciates receiving the information on what is happening in the neighborhoods. City Manager Sollenberger stated that John Lewis, Director of Public Safety, is available at this time to meet with Ms. Clark concerning the location for placement of the Neighborhood Watch signs. Edward T. Harding, 1212 Ben Franklin Drive, stated that his presentation is in response to Mayor Patterson's editorial in the Sarasota Herald Tribune; that he is a management consultant who is interested in better coordinating services between the City and the County; that he is proposing to study a possible merger of the government of the City of Sarasota with the government of the County of Sarasota to determine cost savings and increased efficiency by combining the two governments; that complete budgets, job descriptions and salary ranges of all positions, statements of objectives, functions, and responsibilities of each department, and organizational charts will be required from both governments to recommend a new entity, its organization, and determine the savings, if any, as the result of the merger. Mr. Harding continued that his compensation would be a percentage based on the dollar amount of the agreed savings. Commissioner Atkins stated that the information requested is public record; that the biggest problem with the presentation is the request for payment. Mayor Patterson stated that she has responded previously to Mr. Harding concerning the editorial in the Sarasota Herald Tribune; that she is certain that Mr. Harding is well intentioned with his suggestion; that it does not take an expert to realize there are duplicate titles within the City and County governments; that possible consolidation of specific departments is currently being addressed to provide savings; that the City of Sarasota existed before the County; that the level of services required by the City of Sarasota has been higher than the services provided by the County; that there is a commitment by the City to maintain the Book 36 Page 10516 05/16/94 6:00 P.M. Book 36 Page 10517 05/16/94 6:00 P.M. extra level of services for which the citizenry of the City are paying. Mr. Harding stated that the United States would not be an economic leader if the federal government and larger and smaller companies were run the way the city and County are run. Mayor Patterson stated that the Commission table is not the proper forum in which to continue this discussion; that she would be happy to continue a discussion with Mr. Harding at another time. 13. UNFINISHED BUSINESS: RECISION RE: (A) MOTIONS OF MAY 2, 1994, TO ACCEPT THE ILLUSTRATION (PLAOUE) OF (OLD) CITY HALL WITH THE TARPON AND TO ACCEPT THE PLAOUE DEPICTING THE SHORELINE RESCINDED; AND (B) MOTION TO APPROVE THE THREE ILLUSTRATIONS (PLAOUES) SHOWING THE INDIAN (NATIVE AMERICANS), THE SCOTS, AND THE WAR MEMORIAL = NO MOTION TO RESCIND; APPROVED THE OLD CITY HALL PORTHOLE ILLUSTRATION: APPROVED THE CHANGING SHORELINE PORTHOLE ILLUSTRATION USING A 1929 MAP WITH A DARK LINE SHOWING THE CURRENT SHORELINE (AGENDA ITEM VII-4) #1 (3312) through #2 (1364) Commissioner Pillot stated that his interest in placing these motions for recision is not to renew or continue controversy; that the City Commission, at its meeting of May 2, 1994, approved the following motions: Motion 1: Accept the illustration of City Hall with the tarpon. Motion 2: Accept the illustration with the shoreline. Motion 3: Approve the three illustrations showing the Indian (Native Americans), the Scots, and the War Memorial. Commissioner Pillot stated that Commissioner Atkins was unable to attend the May 2, 1994, Commission meeting. Commissioner Pillot continued that after additional reflection, he realized that it was important to him to have Commissioner Atkins' input on the illustration of the Scots (approved in Motion 3); that Motion 3 was included in the notice of recision to provide Commissioner Atkins an opportunity to review the illustration of the Scots; that he will not make a motion to rescind if Commissioner Atkins approves of that illustration. Commissioner Atkins stated that he was not pleased with the original illustration and requested that the revised illustration be presented. Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Hay, Assistant City Engineer, came before the Commission. A mock-up of the illustration of the Scots was presented, and a slide was displayed on the overhead projector Commissioner Cardamone stated that she objects to the Commission continuing this discussion; that when a Commissioner leaves the meeting in an angry state of mind, that Commissioner voluntarily forfeits his opportunity to participate in the remainder of that meeting; that she has a problem with the same Commissioner calling for a recision of the actions taken by those Commissioners who remained at the Commission table and completed the process of the announced, established agenda. Commissioner Pillot stated that his anger was inappropriate and the result of that anger in leaving the meeting was inappropriate; that he apologizes to the Commission and the public for that anger; however, what precipitated his leaving the Commission in anger was not specifically the discussion held with the artist, but was the reaction of Commissioner Cardamone; that he finds the chastising of a fellow Commissioner by another Commissioner inappropriate. Commissioner Pillot continued that he requested a review by the City Auditor and Clerk of parliamentary procedure to determine whether he had the right to notice the Commission of his intent to rescind the motions mentioned. Mayor Patterson stated that Commissioner Pillot does have the right to rescind the motions. Commissioner Atkins asked if the Atrican/American depicted in the Scots illustration is Leonard Reid? Mr. Daughters stated that Mr. Reid is depicted in the background of the illustration as well as depicted in a larger scale with a golf club in hand. Commissioner Atkins stated that he appreciates the concern for his input by the Commission and, especially, Commissioner Pillot; that he is comfortable with the illustration as presented; and that the Reid family will be proud to have their patriarch significantly displayed in this porthole illustration. Commissioner Pillot stated that he has no further concern with regard to Motion 3 which was approved by a 4-0 vote. Commissioner Pillot referred to Motions 1 and 2 and stated that the Old City Hall and The Changing Shoreline illustrations were approved by 2 to 1 votes; that the votes would have continued to be 2 to 2 votes if he had remained at the meeting, and no action would have been taken; that if his motion to rescind is not approved at Book 36 Page 10518 05/16/94 6:00 P.M. Book 36 Page 10519 05/16/94 6:00 P.M. a meeting with five Commissioners present, then a majority of the Commission is happy with the artwork; however, if his motion to rescind receives three votes, it is an indication that the majority of the Commission has a problem with the two illustrations which were approved; that his motion to rescind previously approved motions provides an opportunity for him to undo the damage he did when he left the Commission meeting on May 2, 1994. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to rescind the motion to accept the illustration of City Hall with the tarpon and the motion to accept the illustration with the shoreline. Commissioner Atkins requested that the illustrations be presented. Mock-ups of the illustration of Old City Hall and The Changing Shoreline were presented, and Slides were displayed on the overhead projector. Mayor Patterson stated that she supported the plaque of Old City Hall including the tarpon after Commissioner Cardamone persuasively argued the history of the tarpon and the role it played in old Sarasota; that she remained at the Commission meeting on May 2, 1994, until 1:00 a.m. and expended over an hour of her time on this public art issue at the end of that meeting's agenda; that she will not vote in favor of recision. Vice Mayor Merrill stated that he did not realize he voted positively on the motion to approve three of the porthole illustrations; that the illustrations for the portholes can be better; that clearly identifiable recreations of what was real should be used; that the tarpon in the sky as depicted in the Old City Hall illustration was not really there, and the boat is out of scale; that the illustration is complicated; that the historical pictures currently displayed around City Hall are more interesting and give a better feel for how it was during the time Old City Hall existed. Vice Mayor Merrill continued that the Commission previously approved having the shoreline illustration depicted by superimposing the existing shoreline over the original shoreline; that the presented illustration does not do that; that the correlation between the two shorelines as depicted is difficult to understand; that a notation should be included to indicate where the viewer is standing; that this illustration as presented is too complicated and confusing. Vice Mayor Merrill further stated that the text associated with the Old City Hall relates to Old City Hall; however, the illustration puts the emphasis on the fish; that simplicity is the essence of the project; that a separate porthole and illustration should be established if the Commission wants to recognize the tarpon; that he will vote to reconsider. Commissioner Pillot stated that he incorrectly stated a 4 to 0 vote on the three porthole illustrations; that the minutes reflect a 3 to 1 vote with Vice Mayor Merrill voting "no". The text for Old City Hall and The Changing Shoreline was presented and displayed on the overhead projector. Mayor Patterson stated that the text for the Old City Hall does not mention the tarpon; that this is unfortunate since many viewers will not realize the fish is a tarpon. Commissioner Pillot stated it will be difficult for the average person to relate to the illustration of the shoreline with the 1929 shoreline which is depicted on a smaller scale in a circle in the middle of the illustration; that the circle should be eliminated; that a line of color or whatever makes sense to the artist should be placed on the drawing of today's shoreline showing the location of the original shoreline; that an indication that the line represents the 1929 shoreline should be placed in the space vacated by the circle. Virginia Hoffman, Artist, came before the Commission, and stated that she originally presented the Commission with a superimposed shoreline; that the Commission found that illustration confusing; that black and white are the only colors that can be used on the portholes illustrations; therefore, she felt it was simpler to have the current shoreline as the main shoreline of the illustration and to have the 1929 shoreline depicted on a smaller scale in the middle of the illustration since the eye could easily bounce back and forth for comparison. Ms. Hoffman continued that including an indication of the viewer's location is a good idea; however, placing a line along the current shoreline in an overlay fashion could be visually confusing to distinguish between the new and the old shorelines. Commissioner Cardamone requested that the text for The Changing Shoreline be read. Ms. Hoffman read the following: When the 19th Century settlers arrive in Sarasota Bay, the shoreline was located along Gulfstream Avenue and is symbolized by the blue and tan bricks crossing the main street. The present shoreline results from fill placed in the late 1950's for the construction of Bayfront Drive and the relocation of U.S. 41. With the additional Bay dredging, Island Park was created in 1964. Book 36 Page 10520 05/16/94 6:00 P.M. Book 36 Page 10521 05/16/94 6:00 P.M. Commissioner Cardamone stated that the 1929 date is depicted on the circle of the shoreline illustration; that the public will be able to determine that the larger shoreline is the current shoreline and distinguish it from the 1929 shoreline in the circle of the illustration. Vice Mayor Merrill stated that the only things the eye can distinguish are Island Park and the causeway; that the fill where U.S. 41 was built cannot be distinguished; that the shorelines look the same because of the smaller scale of the 1929 shoreline; that the illustration is meaningless. Mayor Patterson stated that it may be easier for the public to understand if the 1929 shoreline was the larger shoreline and the current, more familiar shoreline was on a smaller scale in the circle. Commissioner Pillot requested that Ms. Hoffman draw a line denoting the current shoreline on the 1929 shoreline overhead display. Ms. Hoffman responded to Commissioner Pillot's request by drawing a line on the overhead display. Commissioner Pillot stated that many people will find it easier to see the relationship if the two shorelines are combined. Commissioner Cardamone called the question. Motion died for lack of a second. Vice Mayor Merrill stated that another picture or map could be used; that a picture displayed in the Planning Department shows U.S. 41 when it was first built and clearly shows the fill along the shoreline; that he is concerned that out of frustration the Commission may approve a meaningless illustration. Commissioner Cardamone asked if there is a specific date by which the artwork must be approved? Mr. Daughters stated that there is a time deadline associated with the artwork; that the entire contract for the Main Street Project is required to be completed by June 16, 1994; that it is clear that the project will not be completed by that date; that any delay the City causes on the contract will be reflected back to the City. Mayor Patterson stated that the major potential delays are not related to the artwork. Mr. Daughters stated that is correct. Commissioner Pillot referred to the display on the overhead projector and stated that placing a line along the 1929 shoreline will make it easier for the viewers to see the relationship; that the description in words will indicate that the original shoreline is depicted and the heavier line is the 1994 shoreline. Mayor Patterson called for the vote on the motion to rescind the motion to accept the illustration of City Hall with thè tarpon and the motion to accept the illustration with the shoreline. Motion carried (3 to 2): Atkins, yes; Cardamone, no; Merrill, yes; Pillot, yes; Patterson, no. On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to accept the illustration of Old City Hall with the tarpon. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Pillot, no; Patterson, yes. On motion of Commissioner Atkins and second of Commissioner Pillot, it was moved to approve The Changing Shoreline porthole illustration using a 1929 map with a dark line showing the current shoreline. Commissioner Cardamone asked if the motion is to approve the display presented on the overhead projector? Commissioner Atkins responded yes. Mayor Patterson stated that the illustration should not be approved "sight unseen"; that the Commission should see the actual illustration before it is approved. Commissioner Pillot stated that the water and sketches in the water add to the illustration; that indicating the northerly direction in the illustration is very helpful. Commissioner Pillot asked if the water and the sketches in the water could still be depicted with the illustration changed as discussed? Ms. Hofiman responded yes. Mayor Patterson asked for comment on requesting Ms. Hoffman to bring back an illustration of Commissioner Pillot's concept for a Commission vote? Commissioner Pillot stated that he is prepared to vote on Commissioner Atkins' motion without seeing an illustration. Mr. Daughters asked for clarification of what Ms. Hofiman is required to do. Commissioner Pillot stated that the Artist is to: 1) eliminate the small circle, 2) make the larger drawing the 1929 shoreline, 3) include the water, and the sketches in the water as presented, 4) add a heavy line at the artist's discretion showing the current shoreline. Commissioner Cardamone stated she will not accept the illustration "sight unseen"; that the illustration should be brought back to the Commission. Commissioner Pillot stated that he was ready to vote on the motion on the table. Book 36 Page 10522 05/16/94 6:00 P.M. Book 36 Page 10523 05/16/94 6:00 P.M. Mayor Patterson asked the maker of the motion if the intent is for the artist to bring the illustration back to the Commission for viewing prior to production? Commissioner Atkins stated that he does not expect the illustration to come back to the table. Mayor Patterson called for the vote on the motion to approve the concept of The Changing Shoreline porthole illustration using a 1929 map with a dark line showing the current shoreline. Motion carried (3 to 2): Atkins, yes; Cardamone, no; Merrill, yes; Pillot, yes; Patterson, no. Mayor Patterson asked Vice Mayor Merrill if he expects to have the illustration brought back to the Commission prior to production? Vice Mayor Merrill stated that he may vote "no" when he sees the illustration; therefore, the illustration should be brought back to the table. Mayor Patterson stated that there are three Commissioner who feel that the Commission should view The Changing Shoreline porthole illustration prior to production. City Auditor and Clerk Robinson stated that the Commission has approved the illustration of The Changing Shoreline porthole illustration without requiring it be brought back before the Commission; that the motion will have to be rescinded if the illustration is brought back and the Commission wishes to reject the illustration. 14. NEW BUSINESS: REPORT RE: UTILITY SERVICES TO PROPERTIES OUTSIDE THE CITY - APPROVED ESTABLISHMENT OF A POLICY TO REOUIRE ANNEXATION AS A CONDITION OF CONTINUED UTILITY SERVICE TO PROPERTIES WHICH ARE IN THE BEST FINANCIAL INTEREST OF THE CITY TO BE INCLUDED WITHIN THE INCORPORATED BOUNDARIES AND AUTHORIZED THE ADMINISTRATION TO UNDERTAKE THE ANALYSIS TO DETERMINE WHICH THOSE PROPERTIES ARE: THE ADMINISTRATION TO REPORT BACK TO THE COMMISSION BEFORE TAKING ACTION TO ACHIEVE ANNEXATION (AGENDA ITEM VIII-1) #2 (1364) through (2100) City Manager Sollenberger stated that the Commission requested the Administration prepare an analysis of the utilities services, water or sewer, provided to properties outside the City limits; that 103 properties outside the City receive water, sewer, or both; that 99 of these properties have no formal agreement with the City for these services; that the City Attorney's office has advised the City may require those properties for which no formal agreement exists to annex into the city as a condition of continued utility service. Mr. Sollenberger stated that the Administration's recommendation is to establish a policy to require annexation as a condition of continued utility service to properties which are in the best financial interest of the City to be included within the incorporated boundaries and authorize the Administration to undertake the analysis to determine which those properties are, establish priorities, and take the actions necessary to achieve annexation. Dale Haas, Senior Utilities Engineer, came before the Commission. Commissioner Cardamone referred to the Administration's recommendation and stated that she is concerned with the reference to the "best financial interest of the City"; that certain environmental issues should be considered which may not be financially advantageous for the City. Mr. Sollenberger stated that the Administration's recommendation is pinpointed at the 103 properties mentioned; that issues with respect to recommendations from the National Estuary Program should be resolved through policy changes. Mayor Patterson stated that the City is not the only sewer provider in the County; that the larger body (County) should make a proposition to entice the City to provide services to these properties when it is financially disadvantageous to the City; that the cost of an environmental benefit to the entire community should not be borne by a small proportion of the community by annexing properties and providing services at a financial disadvantage. Commissioner Atkins stated that the City Commission should support requiring those properties outside of the City limits and using City utilities services to annex into the City within a certain amount of time; that all of the citizens in the City of Sarasota and Sarasota County will be served better, and Sarasota Bay will be environmentally safer once the County complies with its duty in regard to effluent wastewater treatment; that the Commission should press forward by making everyone respond to this issue by either annexing all the affected properties into the City or forcing the County to respond to the needs of these properties for services. Vice Mayor Merrill asked if the reference to "best financial interest of the City" relates to non-profit organizations or the amount of taxes being paid? Mr. Sollenberger stated that Staff is required to do a cost-benefit analysis on annexations; that he is concerned with annexing properties which may create a service cost to the City rather than provide a break-even cost or a profit; that annexing certain properties will be in the City's best interest from a financial perspective. Book 36 Page 10524 05/16/94 6:00 P.M. Book 36 Page 10525 05/16/94 6:00 P.M. Commissioner Atkins stated that collectively annexing the 99 properties will be in the City's best interest. Mayor Patterson stated that an analysis will determine if annexing all of those properties is in the best interest of the city; that she is not willing to establish a policy without reviewing the facts. Commissioner Atkins stated that certain property owners may think the City is taking advantage of them and resist annexation. Commissioner Cardamone asked for a general description of how the 99 properties without a formal agreement obtained the utility service from the City? Mr. Haas stated that various prior Administration decisions were made over the years to provide these properties with utility services; that for example, well systems in one neighborhood became inoperable and the City Manager decided to service the neighborhood because there was a need; that several sites in the Bee Ridge Road and Bay Road areas had County water and septic tanks; that these properties were required to annex into the city in order to receive sewer services when the septic tanks failed. Commissioner Cardamone asked what arrangements were made by the City and the property owner to supply these properties with service? Mr. Haas stated that applications were submitted through the Utilities Department and direction was given by City Administration to connect these properties to utility service; that the property owners were required to pay impact fees and connection fees, as City residents are been required to do. Commissioner Cardamone asked if the 99 property owners are required only to pay a monthly utility bill and no other investment was required for service, i.e., paying for the pipe lines which were run to the properties? Mr. Haas stated that is correct. Vice Mayor Merrill stated that the Commission can decide whether to annex the properties collectively or on an individual basis once the analysis is completed. On motion of Vice Mayor Merrill and second of Commissioner Pillot, it was moved to accept the Administration's recommendation. Commissioner Cardamone asked how the City will differentiate between two houses, side by side, outside of the City limits, both with City services, one with tax roll value to the City and one without? Mayor Patterson stated that annexations come before the Commission for decision; that she does not foresee the Commission "cherry picking"; that the second house may not be desirable, however, the third house may be, and a link of enlarging the City boundary down the line may be desirable. Mr. Sollenberger stated that the Administration will report back to the Commission with a specific report and a request for authorization prior to moving ahead with actions necessary to achieve annexation; that the situation of annexing only one of two properties side by side is unlikely; that a variety of factors must be analyzed; that all properties are not valued solely by the tax rolls; that some properties will have value in providing a bridge to other annexations. Commissioner Atkins stated that effluent wastewater treatment is like stormwater drainage and impacts the entire County; that 20 years ago the State tried to get Sarasota County to construct regional treatment facilities; that the City of Sarasota has lead the way in that process; that it is time to look toward effluent wastewater treatment as a countywide activity; that annexing only properties to the City's advantage will not bring attention to the need for a countywide process. Mayor Patterson stated that one of the four properties with an agreement is the Snelling property; that the agreement may cause difficulty in annexing the property; that it is her understanding the City has had difficultly with the owners of the Snelling property paying the full amount defined in their agreementi that renovation would be required if Publix relocates to the Snelling property. Mayor Patterson asked if the agreement with the Snelling property owners could be redefined if Publix relocates to that location? Mr. Sollenberger stated that anything is possible; that the City should focus on providing a bridge from the existing City boundaries as a linkage for potential annexation; that the City is not currently positioned properly to react to the possible Publix relocation situation; however, the proposed policy, if implemented, would put the City into that position. Mr. Sollenberger continued that the areas on Bee Ridge Road, Bay Road, and U.S. 41 are the areas which will benefit the City from a tax base point of view; that the Administration has pursued annexations in that area by requiring properties to annex into the City or sign a pre- annexation agreement in order to receive utility service. Mayor Patterson called for the vote on the motion to approve the Administration's recommendation. Motion carried (4 to 1): Atkins, no; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Book 36 Page 10526 05/16/94 6:00 P.M. Book 36 Page 10527 05/16/94 6:00 P.M. 15. BOARD APPOINTMENTS: APPOINTMENT RE: BOARD OF ADJUSTMENT = REAPPOINTED WILLIE B. TILERY AND GERALD M. ROBBINS (AGENDA ITEM IX-1) #2 (2110) through (2124) On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to reappoint Willie B. Tilery and Gerald M. Robbins to the Board of Adjustment. Motion carried unanimously (5 to 0) : Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 16. BOARD APPOINTMENTS: APPOINTMENT RE: BUILDING/FIRE BOARD OF RULES AND APPEALS = REAPPOINTED SAMUEL C. HOLLADAY (AGENDA IX-2) #2 (2131) through (2137) On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to reappoint Samuel C. Holladay to the Building/Fire Board of Rules and Appeals. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 17. BOARD APPOINTMENTS: APPOINTMENT RE: PLANNING BOARD/LOCAL PLANNING AGENCY - REAPPOINTED RONALD P. ANNIS AND JUDSON K. BOEDECKER (AGENDA IX-3) #2 (2138) through (2160) On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to reappoint Ronald P. Annis and Judson K. Boedecker to the Planning Board/Local Planning Agency. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 18. BOARD APPOINTMENTS: APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL ADVISORY COMMITTEE - APPOINTED GLENDA WILLIAMS (AGENDA ITEM IX-4) #2 (2164) through (2226) Mayor Patterson stated that Cynthia E. Porter has resigned from the Van Wezel Performing Arts Hall Advisory Committee due to ill health; that applications of eligible candidates for replaçement have been included in the Agenda packets for Commission review. Commissioner Cardamone nominated Kathleen Toale. Commissioner Atkins stated that Ms. Porter is an African/American; that it is important to continue diversity on the Van Wezel Performing Arts Hall Advisory Committee; and that he nominates Glenda Williams. Commissioner Pillot stated that he supports the nomination of Glenda Williams. Kathleen Toale received one vote: Cardamone, yes. Glenda Williams received four votes: Atkins, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson stated that Glenda Williams has been appointed as the replacement for Cynthia E. Porter on the Van Wezel Performing Arts Hall Advisory Committee. Mayor Patterson stated that Unfinished Business Agenda Item VII-3 will be addressed at this time. 19. UNFINISHED BUSINESS: REPORT RE: STATUS OF MAIN STREET IMPROVEMENT PROJECT - AUTHORIZED THE ADMINISTRATION AND THE CITY ATTORNEY TO PURSUE THE ACTION NECESSARY TO REMOVE AND REPLACE THE DEAD TREES; (AGENDA ITEM VII-3) #2 (2227) through (2396) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, and stated that the contractor for the Main Street Project has selected two subcontractors; that one of the subcontractors, the original fountain company, began laying pipes last week. Mr. Daughters stated that the situation with the dead trees has not been settled; that the City, through the City Attorney's office, gave the bonding company the required notice which has expired; that the previous landscape subcontractor is expected to contract with the bonding company, but has not done so to date. Mr. Daughters stated that the materials on hand have been evaluated and approved by the contractor; that the project can move ahead once all the subcontractors have been contracted. Mayor Patterson asked City Attorney Taylor how the City can move ahead on the replacement of the trees? City Attorney Taylor stated that the bonding company was given a time certain which has expired; that the City has the legal right to take any action necessary to maintain the existing trees at the expense of the contractor. Mr. Daughters stated that the dead trees may also be removed at the expense of the contractor. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to authorize the City Manager and the City Attorney to take whatever action is necessary and in the best interest of the City concerning the removal and replacement of the dead trees. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA: CITY AUDITOR AND CLERK TO FORWARD COPIES OF INFORMATION ABOUT THE THREE CROWNS AND AZURE TIDES TO THE Book 36 Page 10528 05/16/94 6:00 P.M. Book 36 Page 10529 05/16/94 6:00 P.M. ASSOCIATIONS REPRESENTED AT THE MAY 2ND MEETING; CONSENSUS TO HAVE A JOINT WORKSHOP SCHEDULED WITH THE PUBLIC ART COMMITTEE: CONSENSUS TO HAVE ONE MEETING SCHEDULED DURING THE MONTH OF AUGUST; AUTHORIZED THE MINIMUM TRAVEL EXPENSES FOR MAYOR PATTERSON TO TRAVEL TO THE SISTER CITY OF VLADIMIR, RUSSIA (AGENDA ITEM X) #2 (2400) through (3600) COMMISSIONER CARDAMONE: A. asked for clarification on the reports included in the agenda packet regarding the Three Crowns and Azure Tides. William Hewes, Director of Building, Zoning, and Code Enforcement, came before the Commission, and stated that he met with the representative of the Three Crowns this morning and received a preliminary outline of the plan to renovate the Three Crowns; that Daniel Joy, attorney for Highlander Property Enterprises, Inc., will be contacting the City Attorney's office to make arrangements to post bond. Mr. Hewes continued that a new Ownership & Encumbrance (O&E) Report has been requested on the Azure Tides; that a new notice will be issued once the O&E is received; however, the process as noticed in 1992 can continue if the owners remain the same. Mayor Patterson requested that City Auditor and Clerk Robinson forward copies of the information regarding the Three Crowns and Azure Tides to the associations that voiced an opinion at the May 2, 1994, meeting. COMMISSIONER PILLOT: A. commended Mayor Patterson for having shown an extreme strength of leadership at recent meetings, not only in maintaining the order, but also in exhibiting a dignified courtesy to the people the Chair has addressed. COMMISSIONER ATKINS: A. asked for the status of and the time frame associated with the project to alleviate the drainage problems in the 15th and 16th Streets area. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, and stated that the project does have a time frame; and that he will provide Commissioner Atkins with the specific information on the project. VICE MAYOR MERRILL: A. stated that a joint workshop with the Commission and the Public Art Committee (PAC) should be scheduled; that the philosophy of the PAC supporting the artistic freedom of an artist rather than a commitment to the public should be clarified. Mayor Patterson stated that there was a consensus of the Commission to schedule a joint workshop with the Commission and the PAC. City Auditor and Clerk Robinson stated that the meeting will be scheduled in July. MAYOR PATTERSON: A. stated that in the past, the Commission has recessed for the month of August; that agendas which followed those recesses were lengthy and tedious; that having one meeting in August could reduce the burden; and asked City Manager Sollenberger for comment. City Manager Sollenberger stated that a two-meeting recess does create a burden; however, having one meeting off would be fine. Mayor Patterson stated that there was a consensus of the Commission to have one meeting during the month of August which is scheduled for August 1, 1994. B. stated that information should be presented to the Commission in written form when a Commissioner notifies the Administration that discussion on an item will occur. C. stated that in the past the City has funded trips for the Mayor to visit one of the Sister Cities; that continual invitations are received to visit Hamilton, Canada, and Vladimir, Russia; that the Commission has almost no travel budget; that she regards the trip as a real opportunity; that she and her husband plan to accept the invitation and travel to Vladimir whether or not the City funds the $2,500 cost for her trip; that the Commission should discuss during budget time whether or not to fund one representative annually to visit one of the Sister Cities; that it is difficult to maintain a relationship with the various Sister Cities if no official representative visits them; that in the future only those elected officials who can independently afford to visit a Sister City will be able to represent the City of Sarasota if the City does not provide funding; that many of the travel costs for a Sister city representative are borne by the visited Sister City; that the Commission Book 36 Page 10530 05/16/94 6:00 P.M. Br Book 36 Page 10531 05/16/94 6:00 P.M. should establish a policy in regard to Sister City travel. Commissioner Cardamone stated that she was told that the Sister Cities program would not impact the City's budget when Vladimir, Russia, was approved by the Commission as a Sister City. Mayor Patterson stated that the Commission has not budgeted travel to a Sister City for the past two years; however, the City had previously funded trips to Sister Cities for former Mayors Gurney, Kirschner, and Atkins. Commissioner Pillot stated that a major trip representing the City of Sarasota is planned to the Sister City of Vladimir, Russia, in October 1994; that the Sarasota YMCA, the Rotary Club of Sarasota, and the Sarasota Board of Sister Cities will be represented; that it is important that the City of Sarasota be represented by Mayor Patterson on this trip. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to provide the minimum costs necessary for Mayor Patterson to travel to Vladimir, Russia, and represent the City of Sarasota in October. Mayor Patterson asked if a vote was possible at this point in the meeting? City Attorney Taylor stated that it is legally possible; that the Commission is in open session and everything is not required to be on an agenda; however, more substantive matters lend themselves to being on the agenda; that the Commission may take final action at this point in a meeting although it is not always the best practice. Vice Mayor Merrill stated that he is not convinced that the Sister Cities Program is fully benefitting the City; that more explanation of how the program benefits the residents is necessary before he will vote "yes" for an expenditure of this size. Mayor Patterson asked if it is appropriate for her to vote on the motion? City Attorney Taylor stated that no conflict of interest exists because the trip does not inure to her personal profit gain; that any gain would be in her public capacity. Mayor Patterson asked if the motion is to establish a policy on this issue? Commissioner Pillot stated that the motion applies only to the trip to Vladimir, Russia. Mayor Patterson called for the vote on the motion. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, no; Pillot, yes; Patterson, yes. Mayor Patterson stated that a policy discussion should be held at budget time. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS: (AGENDA ITEM XI) #2 (3400) through (3749) CITY MANAGER SOLLENBERGER: A. stated that the County Library Advisory Board has expressed an interest in moving the main library site to Fruitville Road closer to Interstate 75; that he was contacted by a newspaper for comment; that he stated to the newspaper that the location is inconsistent with the City's Vision Plan; that he will keep the Commission apprised concerning the matter. CITY AUDITOR AND CLERK ROBINSON: A. stated that a neighborhood workshop is scheduled for Saturday, May 21, 1994, from 8:30 a.m. to 11:30 a.m. at the Waldemere Fire Station. B. stated that a Special Meeting on the Comprehensive Plan is scheduled for Thursday, May 26, 1994, at 7:00 p.m. Commissioner Pillot stated that he will be out of town from May 23, 1994, through June 5, 1994; that he will not be in attendance at the May 26th meeting. 22. ADJOURN (AGENDA ITEM XII) #2 (3750) There being no further business, Mayor Patterson adjourned the meeting at 9:00 p.m. Morov Aillason NORA PATTERSON, MAYOR ATTEST: illy E Rabensen BILLY E. CROBINSON, CITY AUDITOR AND CLERK Book 36 Page 10532 05/16/94 6:00 P.M.