Book 39 Page 12363 10/16/95 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 16, 1995, AT 6:00 P.M. PRESENT: Mayor David Merrill, Commissioners Nora Patterson and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Vice Mayor Mollie Cardamone and Commissioner Delores Dry PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Merrill stated that Vice Mayor Cardamone is out of town and Commissioner Dry is in the hospital. city Auditor and Clerk Robinson stated that the Sarasota City Charter states that if a Commissioner fails to attend three consecutive regular meetings, the Commissioner is removed from the Commission unless excused; therefore, he requests that Commissioner Dry's two absences be excused as these absences are both due to illness. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved that Commissioner Dry be excused from all meetings until she is well enough to attend. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill wished Commissioner Dry a speedy recovery. Mayor Merrill welcomed a visitor, Mr. Isadore Goldberg, Municipal Councillor, the City of Cote Saint-Luc, from Quebec, Canada, to the Commission Meeting. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR SEPTEMBER, 1995 = CHRISTOPHER J. BORN, POLICE OFFICER FIRST CLASS, DEPARTMENT OF PUBLIC SAFETY, POLICE SERVICES BUREAU #1 (0019) through (0133) Gordon Jolly, Chief of the Police Services Bureau, Public Safety Department and Christopher J. Born, Police Officer First Class, came before the Commission. City Manager Sollenberger explained in detail an incident in which Mr. Born, as part of a three-person team from the Department of Public Safety working together as lifesavers, helped to save the life of a woman who was in danger of drowning; that Officer Born was off duty at the time of the incident but willingly joined Firefighter Gary Cogar and entered the Gulf waters swimming approximately 150 yards offshore to search for the woman who was subsequently found and brought safely ashore. Police Chief Jolly presented Officer Born with a plaque in recognition of his excellent service and dedication to the City of Sarasota for nearly six years. Mayor Merrill presented Officer Born with a City-logo watch and a certificate as the September 1995 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Police Chief Jolly requested that Officer Born's wife, Sally, and children, Kimberly, Kelly, and Timothy, who were present in the audience, come forward and be recognized. 2. PRESENTATION RE: FIGHT AGAINST HUNGER MONTH #1 (0133) through (0179) Mayor Merrill read in its entirety a proclamation for the City of Sarasota proclaiming October 1995 Fight Against Hunger Month, in conjunction with Winn-Dixie and WWSB Channel 40, encouraging all businesses and residents to join in supporting the efforts of the Mayor's Feed the Hungry Campaign. 3. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0180) through (0265) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Approval of the Minutes, Item I-1, Minutes of the Special Meeting of September 27, 1995, per the request of the City Auditor and Clerk. B. Remove under Unfinished Business, Item VII-4, Approval Re: Review of the City Policies for Installation of Multi-way Stop Signs in the Gillespie Park Neighborhood, per the request of Linda Holland, President of the Gillespie Park Neighborhood Association. C. Add under New Business, Item VIII-5, Discussion Re: Library Site Acquisition, per the request of the City Manager. D. Add under New Business, Item VIII-6, Report Re: Employee Health Care, per the request of the City Manager. Book 39 Page 12364 10/16/95 6:00 P.M. Book 39 Page 12365 10/16/95 6:00 P.M. Mayor Merrill asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Merrill stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 4. APPROVAL OF MINUTES : MINUTES OF THE REGULAR CITY COMMISSION MEETING OF OCTOBER 2, 1995 = APPROVED (AGENDA ITEM I) #1 (0266) through (0274) Mayor Merrill asked if the Commission had any changes to the minutes. Mayor Merrill stated that hearing no changes, the minutes of the regular City Commission meeting of October 2, 1995, are approved by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, and 3 - APPROVED (AGENDA ITEM III-A) #1 (0275) through (0286) 1. Approval Re: Interlocal Agreement between the City of Sarasota and the Sarasota County Fire and Rescue District, for the City of Sarasota to provide Sarasota County a centralized communications service for the dispatch of fire suppression equipment, personnel and emergency medical services within the service area of Sarasota County Fire Department. 2. Approval Re: Set a public hearing for proposed modifications to the leasehold as an amendment to Ordinance No. 93-3719 and approve the exterior modifications subject to adoption of an amended ordinance. 3. Approval Re: Rejection of bids for construction of 9,800 linear feet of Concrete Cart Paths at Bobby Jones Golf Complex (Hoy Lake Course) and re-bid the project. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Items 1 through 3 inclusive. Motion carried unanimously (3 to 0): : Patterson, yes; Pillot, yes; Merrill, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 95R-842) ADOPTED (AGENDA ITEM III-B) #1 (0286) through (0341) City Auditor and Clerk Robinson read proposed Resolution No. 95R-842 by title only. 1. Adoption Re: Proposed Resolution No. 95R-842, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; providing for reading of this resolution by title only; and providing an effective date. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to adopt Consent Agenda No. 2, Item 1. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill requested City Auditor and Clerk Robinson 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. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 95-3901, ANNEXING CERTAIN REAL PROPERTY LYING CONTIGUOUS TO THE CITY LIMITS INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA, AS PETITIONED BY SARASOTA COUNTY, DEPARTMENT OF TRANSPORTATION, FOR JOYCE M. NASH AND BETTY R. HOFFMAN; SAID REAL PROPERTY BEING DESCRIBED AS FOLLOWS; ALL OF LOT 12 AND A PORTION OF LOT 13, BLOCK 84, SOUTH GATE, UNIT NO. 21,AS RECORDED IN PLAT BOOK 10, PAGE 20, OF THE PUBLIC RECORDS OF SARASOTA, FLORIDA, WITH A STREET ADDRESS OF 2421 SOUTH TUTTLE AVENUE AND 2415 SOUTH TUTTLE AVENUE; MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS; REDEFINING THE BOUNDARY LINES OF THE CITY OF SARASOTA TO INCLUDE SAID REAL PROPERTY; ETC. (TITLE ONLY) (ANNEXATION PETITION NO. 95-ANX-02, SARASOTA COUNTY AS AUTHORIZED AGENTS FOR OWNERS, JOYCE M. NASH AND BETTY R. HOFFMAN) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (0398) through (0498) Dale Haas, Senior Utilities Engineer, came before the Commission and stated that the widening of Tuttle Avenue involves the taking of land along Tuttle Avenue and also some of the septic systems and drain fields; that two properties, Lot 12 and Lot 13, are in that situation with no way to dispose of sewage; that the property owners of 2415 and 2421 South Tuttle require annexation into the City to obtain sewer service. City Manager Sollenberger stated the Administration recommends approval of the annexation. Book 39 Page 12366 10/16/95 6:00 P.M. Book 39 Page 12367 10/16/95 6:00 P.M. Mayor Merrill opened the public hearing. The following person came before the Commission: Jim Starr, 1301 Cattleman Road (34231), representing Sarasota County, stated that the County concurs with the recommendation to annex Lot 12 and a portion of Lot 13, Block 84, South Gate, Unit 10 to the City; that Joyce M. Nash and Betty R. Hoffman request annexation into the City to be in compliance with Health and Rehabilitative Services (HRS) Rules regarding septic and sewage. There was no one else signed up to speak and Mayor Merrill closed the public hearing. Mr. Sollenberger stated that the Administration recommends passing proposed Ordinance No. 95-3901 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3901 by title only. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to adopt proposed Ordinance No. 95-3901 on first reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Patterson, yesi Pillot, yes; Merrill, yes. 8. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 95R-833, ADOPTING APPENDIX C TO THE CITY OF SARASOTA'S 201 FACILITIES PLAN; MAKING FINDINGS OF FACT RELATED THERETO; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM IV-1) #1 (0500) through (0800) Douglas Taylor, Environmental Resources Manager, came before the Commission and stated that an amendment is being made to the City's 201 Facilities Plan which provides for wastewater projects and grant funding of those projects; that the City would like to add Urban Reuse to the Plan; that the Department of Environment Protection (DEP) regulations require a presentation at the time of the public hearing so the public is fully informed concerning the 201 Facilities Plan. David L. Farabee, Senior Engineer, Boyle Engineering Corporation, came before the Commission, displayed various charts and drawings on the overhead projector and stated that Boyle Engineering Corporation prepared the 201 Facilities Plan Amendment; that the City's original Facilities Plan for wastewater planning, construction and expansion was adopted in 1977; that the amendment is a necessary step to receive funding from the Environmental Protection Agency (EPA), State loans and/or grant funding; that the 201 Facilities Plan was revised previously to include the City's Agricultural Reuse Irrigation; that the revision currently proposed will cover Urban Reuse Irrigation; that Bayfront Park, Main Street and the Ed Smith Stadium Complex are currently being irrigated as part of the City's Urban Reuse System; that the project will reduce the volume of effluent discharged into Whitaker Bayou and will provide an alternative irrigation plan for irrigation when the agricultural lands east of the City cannot be irrigated; that the need for this project was established in the Urban Reuse Master Plan; that the selected plan will provide a framework of transmission mains for urban and agricultural reuse specifically to expand reuse to the urban areas including the Downtown Loop, South Loop and any future expansion that may be required; that the 201 Facilities Plan is designed to fund immediately the Downtown Loop and the South Loop; that a permit has been issued by the EPA to cover past and future construction; that the Downtown Loop will be constructed along Second Street and south on Osprey Avenue, while the South Loop will be constructed crossing the School Board property and connecting to Tuttle Avenue; that the estimated costs are as follows: Downtown Loop $1,262,000 South Loop 1,349,000 Total 2,611,000 SWFWMD Cooperative Funds -473,500 Maximum State Grant Match -1,387,594 City's Contribution $749,906 Mr. Farabee continued that current wastewater user fees will not be affected; that construction will begin in the spring of 1996 after the current season; that this project will reduce the City's need to discharge to the Whitaker Bayou and will reduce groundwater withdrawals as some of the irrigation demand will be met by potable water sourcesi that no mitigation measures are required because no negative impacts exist. City Manager Sollenberger stated the Administration recommends approval of proposed Resolution No. 95R-833 adopting the 201 Facilities Plan amendments. Mayor Merrill opened the public hearing. The following person came before the Commission: Mark Bierner, 811 S. Palm Avenue (34236), representing the Marie Selby Botanical Gardens, asked if Selby Gardens will be included in the 201 Facilities Plan amendment? Book 39 Page 12368 10/16/95 6:00 P.M. Book 39 Page 12369 10/16/95 6:00 P.M. Mr. Taylor stated that preliminary conversations have been held regarding Selby Gardens; that service will be provided off the bayfront irrigation system which is large enough to satisfy Selby Gardens' requirements; that if irrigation usage is larger than anticipated, service can be provided from the Osprey Avenue System; that Selby Gardens will be served from one location or another. Mr. Bierner asked if service to the irrigation system will be provided to Selby Gardens in the future? Mr. Taylor stated that the current system can irrigate the Gardens. Mr. Bierner stated the Gardens were not shown on the drawings displayed. Mr. Taylor stated the Osprey Avenue system is not shown as it is one of the smaller distribution systems. Mr. Bierner stated that knowing Selby Gardens is tied into the City's Reuse Water System pleases him. Mayor Merrill requested that a written statement regarding urban reuse plans for Selby Gardens be provided to Mr. Bierner. Mr. Sollenberger stated that both the City and Selby Gardens will benefit from Selby Gardens' participation in the City's Reuse Program. There was no one else signed up to speak and Mayor Merrill closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 95R-833 by title only. Mr. Sollenberger stated the Administration recommends approval of proposed Resolution 95R-833. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to adopt proposed Resolution No. 95R-833. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously: (3 to 0): : Patterson, yes; Pillot, yes; Merrill, yes. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3902, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1269 FIRST STREET, HISTORICALLY KNOWN AS THE WARREN BUILDING, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 94-HD-13, HARTIG) - PASSED ON FIRST READING (AGENDA ITEM IV-3) AND 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3903, PROVIDING FOR THE DESIGNATION OF THE MAIN STRUCTURE AND GARAGE LOCATED AT 651 OHIO PLACE, HISTORICALLY KNOWN AS THE JOHN AND MARY ERBS HOME, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA: ETC. (TITLE ONLY) (PETITION NO. 95-HD-08, FLETCHER) - PASSED ON FIRST READING (AGENDA ITEM IV-4) AND 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3904, PROVIDING FOR THE DESIGNATION OF THE MAIN STRUCTURE AND GARAGE LOCATED AT 1927 LAUREL STREET, HISTORICALLY KNOWN AS THE KATIE HALE HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 95-HD-09, HARTIG) = PASSED ON FIRST READING (AGENDA ITEM IV-5) AND 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3905, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1620 6TH STREET, HISTORICALLY KNOWN AS THE C.M. AND RUTH HOWARD RESIDENCE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA: ETC. (TITLE ONLY) (PETITION NO. 95-HD-10, TOWN) = PASSED ON FIRST READING (AGENDA ITEM IV-6) AND 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3906, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 3406 HIGEL AVENUE, HISTORICALLY KNOWN AS THE WILLIAMS HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 95-HD-11, HARTIG) = PASSED ON FIRST READING (AGENDA ITEM IV-7) #1 (0801) through (1133) City Manager Sollenberger stated the Administration recommends approval of proposed Ordinances Nos. 95-3902, 95-3903, 95-3904, 95- 3905, and 95-3906 on first reading. Jane Robinson, Director of Planning and Development, and Lorrie Muldowney, Sarasota County Historical Resources Specialist, came before the Commission. Book 39 Page 12370 10/16/95 6:00 P.M. Book 39 Page 12371 10/16/95 6:00 P.M. Ms. Robinson stated that the Historic Preservation Board and the Sarasota County Department of Historical Resources recommend approval of the following ordinances which designate structures of historical significance: Ordinance No. 95-3902 designating the structure located at 1269 First Street historically known as the Warren Building, Ordinance No. 95-3903 designating the main structure and garage located at 651 Ohio Place, historically known as the John and Mary Erbs Home, Ordinance No. 95-3904 designating the main structure and garage located at 1927 Laurel Street, historically known as the Katie Hale House, Ordinance No. 95-3905 designating the structure located at 1620 6th Street, historically known as the C.M. and Ruth Howard Residence, and Ordinance No. 95-3906 designating the structure at 3406 Higel Avenue, historically known as the Williams House. Ms. Muldowney displayed slides of the properties depicting aspects of the historical significance of the structures. Mayor Merrill opened the public hearings on the above-listed ordinances simultaneously. The following person came before the Commission: Jack Conway, P.O. Box 339 (34230), representing the Community Housing Corporation, stated that the C.M. and Ruth Howard Residence located at 6th Street, when designated (Ordinance No. 96-3905) as an historic structure, will be retained by the Community Housing Corporation for its use; that the Community Housing Corporation signed a lease with the Gillespie Park Neighborhood Association to use the facility during an interim period while the Police substation is being constructed; that this facility will be used for after-school tutoring and for the Weed and Seed Program; that after the new Police substation is completed, the future use of the Howard Residence will be determined; that the building is in surprisingly good condition and will be rehabilitated; that an exterior stairway will be replaced with an interior stairway so that the building will conform to City Codes. There was no one else signed up to speak and Mayor Merrill closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3902 by title only. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3902 on first reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0) : Patterson, yes; Pillot, yes; Merrill, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3903 by title only. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3903 on first reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3904 by title only. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3904 on first reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3905 by title only. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3905 on first reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3906 by title only. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3906 on first reading. Book 39 Page 12372 10/16/95 6:00 P.M. Book 39 Page 12373 10/16/95 6:00 P.M. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): : Patterson, yes; Pillot, yes; Merrill, yes. 14. CITIZENS . INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO RECONSIDER THE FENCE AROUND THE PROPOSED FOUNTAIN AT ISLAND PARK AND REPORT BACK TO THE COMMISSION (AGENDA ITEM VI) #1 (1168) through (2453) The following people came before the Commission: Dee Vandevier, 400 Golden Gate (34236), representing residents and visitors, stated that residents are concerned about the new fountain scheduled for installation at Island Park on Sarasota Bayi that the fountain will obliterate the view and spoil the ambiance; that people go to the park to see the trees, grass, and flowers, and do not go to see a fountain which could be seen at Disneyland; that residents are hopeful that no action has been taken so no costs will be incurred if installation is halted. City Manager Sollenberger stated that the installation of the fountain was approved by the City and the components of the fountain have been ordered; that some contractual commitments have been made. Ms. Vandevier stated that the Island Park fountain project should be reconsidered; that many individuals believe that citizens have not been made aware of the Island Park fountain; that many people of all ages use the park for exercise and enjoyment; that no other parks in the City provide an automobile-free environment. Mr. Sollenberger stated that the Administration would be pleased to schedule a meeting to explain what is involved with this fountain, as any misunderstanding may be due to a lack of information. Commissioner Pillot stated that the fountain will be an asset; that the dolphins portrayed as part of the fountain will be depicted realistically; that the beauty of the Bay will not be obliterated but, in fact, enhanced; that the fountain will not take up so much space that the good purposes for which Island Park is used will be stopped; that the fountain will be a good addition to the park; therefore, he remains totally supportive of the fountain. Ms. Vandevier stated that the fountain, as currently designed, will take up a large part of the edge of the peninsula of Island Park. Commissioner Pillot stated that the fountain, in his opinion, will not be out of scale. Ms. Vandevier asked if people will still be able to walk around the edge of the peninsula of Island Park? Commissioner Pillot stated that a fence is proposed for the purpose of stopping vandalism; that if a fence is erected, walking around the fountain at the edge of the peninsula will not be possible. Mr. Sollenberger stated that is correct. Commissioner Pillot stated that the fence might be reconsidered; however, the fountain will be an asset. Commissioner Patterson stated that her husband's law firm represents Marina Jack, Inc.; therefore, she declares a conflict of interest and will abstain from voting on this issue. Mayor Merrill asked if the fence is an integral part of the fountain? Mr. Sollenberger stated that Marina Jack, Inc., proposed the fence for security and protection; that the fence is not an aesthetic part of the fountain design. Mr. Robert G. Siff, 1255 Gulfstream Avenue (34236), representing Bayfront Property Owners Committee, stated that his interest developed from an editorial in the Sarasota Herald-Tribune; that the present sidewalks will disappear when the fountain is installed; that the following items will require removal in order to install the fountain: six mature palm trees, three mature sea grape trees, one stand of mangrove, two park benches, 150 feet of public sidewalk, two large pine trees and possibly a lamppost. Mr. Siff continued that the footprint of the fountain will extend from the existing sidewalk to the recently installed lamppost; that 50 feet is a large amount of space; that the fountain will not contribute to the City of Sarasota in sales or anything else; that the Commission should make available a complete pictorial review of the proposed plans; that the purpose of the large mass of concrete, 20 feet or more in width, to be installed should be revealed; that the park will no longer be a passive park with the installation of a fountain of that size; that a scaled-down fountain might be appropriate; that this fountain is not conveying the proper image for the City of Sarasota; that there would no longer be the opportunity to see a sunset, and the park would no longer be a paradise for walkers; that the Commission is permanently defacing the one item in Sarasota which is outstanding. Dr. Frederick Hauser, 1255 Gulfstream Avenue (34236), stated that in a recent letter to the editor in the Sarasota Herald-rribune, Lori Stone indicated the Mayor and City Commissioners would not permit the Public Arts Committee (PAC) any input regarding the Book 39 Page 12374 10/16/95 6:00 P.M. Book 39 Page 12375 10/16/95 6:00 P.M. fountain; that City residents and the Commission can still consider making changes to the plans for the fountain; that any project requiring security fences and blocking off part of the pathway used daily is a very poor use of public recreational land; that dialogue should continue prior to finalizing a decision. Dr. Marilyn Hauser, 1255 Gulfstream Avenue (34236), stated that she walks in this incredibly beautiful park every morning; that the grass, the trees, and the unobstructed view of the sky are so important to many who walk in the park; that it is hard to understand how brick and mortar and colored lights are an improvement over mother nature; that the fountain will not enhance the beauty of the Cityi that placing a fountain in Island Park might be rethought. Mayor Merrill asked if the fountain went before the Parks, Recreation, and Environmental Protection Advisory Board and the PAC? Mr. Sollenberger stated that a few years ago, the fountain project was discussed with the Parks, Recreation, and Environmental Protection Advisory Board; however, the current proposal has not gone to the Parks, Recreation, and Environmental Protection Advisory Board or to the PAC; that when the lease was renegotiated, Marina Jack, Inc., offered to donate a fountain valued at approximately $200,000 located on Island Park which was accepted by the City Commission; that with respect to the PAC, the City Code does not require review of a gift of art work to the City; however, review is optional at the request of the City Commission; that no request was made for a review of the fountain by the PAC; that the PAC was consulted several years ago but not recently on this project. Mayor Merrill asked if the PAC had discussed this fountain? Jane Robinson, Director of Planning and Development, came before the Commission and stated that at one time a conceptual presentation was made to the PAC which was followed by discussion, but no vote was taken; that at that time, Design Studios West was involved; that the PAC did not review this specific plan. Mayor Merrill asked if the artist was approved? Ms. Robinson stated that, to her knowledge, the artist was not approved by the PAC. Mayor Merrill asked if Ms. Robinson attended the last meeting of the PAC? Ms. Robinson stated that she had not; that when the issue was brought up at the Commission table, it was directed that the PAC not review the fountain. Commissioner Patterson stated that concern was expressed about the pathway going around the fountain when it was first discussed by the Commission; that the Mayor also expressed concern that the fountain project had not gone before the PAC and the Parks, Recreation, and Environmental Protection Advisory Board; that in the future, anything involving art should go to the PAC; that anything involving public recreation should go to the Parks, Recreation, and Environmental Protection Advisory Board; that if the Commission ends up doing something which in their opinion is right, but not popular, more opportunity will have been provided for input. Ms. Robinson stated that the PAC will be pleased to hear the comments. Mayor Merrill asked if Staff attended the most recent PAC meeting? Ms. Robinson stated that a Staff member from Planning and Development was at the most recent PAC Meeting. Mayor Merrill stated that the gift of the fountain did not come to the PAC before approval; however, the PAC has since had the opportunity to review the gift and discuss the artist; and asked if a formal presentation was made to PAC? Ms. Robinson stated that discussion has since occurred by the PAC concerning the fountain; however, no formal presentation was made; that the fountain was not an agendaed item. Commissioner Pillot stated that no one from the PAC was denied a chance to speak to the Commission; that any person, even those who are not residents of the City of Sarasota, may sign up to address the Commission just as individuals from the audience have; that no prohibition exists; that anyone from the PAC could have come and signed up to speak and would have been given a special audience because of their status as a member of the PAC. Mayor Merrill asked if a fountain is shown in Island Park in the City's Comprehensive Plan? Mr. Sollenberger stated that he does not recall. Mayor Merrill stated that in his opinion, the fountain will be well received by the Community after it is built; that differences of opinion always occur; that the Van Wezel Performing Arts Hall (VWPAH) was highly controversial at the time it was built; that a valid point has been raised about whether a fence is required for Book 39 Page 12376 10/16/95 6:00 P.M. Book 39 Page 12377 10/16/95 6:00 P.M. security reasonsi; that it may be possible to reconsider installing the fence; that the fence could be installed later if vandalism does occur; that these changes should be discussed with Marina Jack, Inc. Commissioner Pillot stated that he remains totally open-minded about the fence and would support a review of whether or not the fence should be installed. Mr. Sollenberger stated that since the Commission approved the plan for the fountain by a motion, the Commission should instruct the Administration by a motion to review the fencing and walkway plan with Marina Jack, Inc., for potential modification to the plan to be brought back to the Commission. Commissioner Pillot asked if a motion can be acted upon with just two Commissioners as one Commissioner has declared a conflict of interest? County Auditor and Clerk Robinson stated a conflict of interest does not remove a person for quorum purposes. On motion of Commissioner Pillot and second of Mayor Merrill, it was moved to authorize the Administration to reconsider the fence and to remain open-minded, which does not necessarily mean not to install the fence. Mayor Merrill stated that some citizens are requesting another opportunity to speak and asked the wishes of the Commission in that regard. Commissioner Pillot stated that the public should be provided every opportunity to speak. Mayor Merrill stated that hearing no objections from the Commission, anyone wishing to add new information will be allowed to speak again. Ms. Vandevier came before the Commission and stated that the residents who asked her to speak are not concerned about the fence; that they are concerned about the huge fountain which is the issue; that Island Park is small and the fountain will take up a very large portion of the park; that, furthermore, the fountain is not needed and will not enhance the park in any way; that the fountain would not serve any of the people who use the park. Dr. Hauser came before the Commission and stated that he would like to quote from Lori Stone's letter to the editor published in the Sarasota Herald-Tribune dated October 13, 1995, as follows: "The Public Art Committee was created to deal with these very issues but was forbidden to speak out by the Mayor and City Commissioners who were eager to accept this flashy gift."; that if the refutation of this comment stands, then he is not concerned about the inability of the PAC to speak before the Commission. Commissioner Pillot stated that no one is forbidden to speak at Commission meetings. Dr. Hauser stated that he had never encountered the problem of being unable to speak at Commission meetings; however, the fence continues to be an issue; that input from the PAC concerning the fountain, especially the fence, would be desirable. Commissioner Pillot stated that listening to others is part of open-mindedness. Mayor Merrill stated that the issue of the fence could be referred to the PAC using whatever review process the Administration believes most appropriate. Mayor Merrill called for a vote on the motion to authorize the Administration to reconsider the fence and to remain open-minded, which does not necessarily mean not to install the fence. Motion carried unanimously (2 to 0): Pillot, yes; Merrill, yes; Patterson, abstained. Mr. Siff asked if an additional comment could be made? Mayor Merrill stated that hearing no objections, Mr. Siff may again address the Commission. Mr. Siff stated that the tip of Island Park is used by the citizens for two very important functions: the fireworks and the boat parade; that many individuals have supported the fireworks so the City could have a display which always takes place at the end of the Park; that many individuals spend a great deal of money preparing boats for the parade and many others view the parade from the tip of the Island; that the fountain is not objectionable, but rather the fact that citizens cannot use what they own; that the contract between Marina Jack, Inc., and the City is a public record and should be made available to the citizens; that the Commission should be telling Marina Jack, Inc., what the City would like rather than Marina Jack, Inc., telling the City. 15. UNFINISHED BUSINESS: REPORT RE: STATUS OF SOUTH SARASOTA TRAFFIC ABATEMENT STUDY AND TIMELINE - REPORT RECEIVED (AGENDA ITEM VII-1) #1 (2454) through #2 (0171) Commissioner Patterson stated that this traffic abatement issue is on the agenda because a group of concerned citizens on McClellan Parkway invited Commissioners to hear their concerns about the Book 39 Page 12378 10/16/95 6:00 P.M. Book 39 Page 12379 10/16/95 6:00 P.M. slowness of the processi that Mcclellan Parkway has been included in a much larger traffic abatement study; that hopefully, the Staff will provide a status report and a timeline. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Commission approved the Traffic Abatement Study Procedure and a proposed schedule at the May 1, 1995, meeting; that in accordance with the proposed schedule, Step 9 should have been completed; however, the Task Force is currently only at Step 6; that two meetings were to have been held by the Task Force to achieve Step 6 but four meetings have been held to date; that the process of the Task Force is moving Slower than anticipated; that the Task Force meetings have been fairly well attended and a great deal of discussion has occurred; that a consensus is difficult to develop with a large, diverse group of 23 individuals; that both the Administration and members of the Task Force are concerned about the progress. Mr. Daughters referred to the proposed revised schedule included in the agenda backup material and stated that the Task Force will be requested to approve the proposed revised schedule at its October 25th meeting; that the proposed Study Procedure schedule is moved forward two months so completion of the process will be achieved in a timely manner and only two months behind schedule. Commissioner Patterson stated that the proposed dates are later and not earlier than the original schedule. Mr. Daughters stated that is correct; that the dates proposed on the revised schedule will be followed. Commissioner Patterson asked when the construction of the angle parking and the landscaping on Osprey Avenue will take place? Mr. Daughters stated that construction on Osprey Avenue will take place during the summer of 1996. Commissioner Patterson asked when construction will begin? Mr. Daughters stated that construction is scheduled to begin sometime after Easter of 1996. Commissioner Patterson stated that her concern is that the construction on Osprey Avenue will begin around Easter 1996 and any traffic abatement construction for Orange Avenue/McClellan Parkway will begin in August; that the 15 mile-per-hour speed limit and the angle parking on Osprey Avenue will have the effect of a massive traffic abatement project and will divert substantial traffic to Orange Avenue/McClellan Parkway, which is the concern that has been expressed to her; that an individual is signed up to speak and the Commission should hear from that person. Mayor Merrill asked for a motion regarding the traffic abatement issue. Commissioner Patterson stated she had not previously been asked to make a motion prior to citizens' speaking on a scheduled item. Mayor Merrill stated that Robert's Rules of Order is to be followed; that an item should not come before a Board prior to a motion being made and seconded; that Robert's Rules of Order helps meetings move along in a lively, focused, and interesting manner; that a motion assists other Commissioners in focusing on issues. Commissioner Patterson stated that she would be glad to make a motion if that process is followed for each agenda item including public hearings and Citizen's Input. Mayor Merrill stated that the discussion is out of order as a motion is not on the floor to discuss Robert's Rules of Order. Commissioner Patterson stated that she will put a motion on the floor; however, it is hoped that the Mayor will be consistent in future rulings. On motion of Commissioner Patterson and second of Mayor Merrill, it was moved that the City Manager coordinate the conclusion of the South Side Traffic Abatement Project and the Osprey Avenue Project so that any construction for traffic abatement is coordinated with the construction on Osprey Avenue. Commissioner Pillot stated that coordination is a desirable effort; that the motion does not imply any specific time schedule; that coordinating these projects makes sense and the motion should be approved. Commissioner Patterson stated that the Commission should be aware that citizens are conçerned about the coordination of traffic abatement projects, particularly considering that the South Sarasota Traffic Abatement Study Procedure seems to be delayed; that the Administration should do its best to make these projects fall in line. The following people came before the Commission: Samuel R. Schackow, 2355 McClellan Parkway (34239), representing the residents of McClellan Park, stated that residents of McClellan Parkway are concerned about the impact of the South Osprey Avenue Project; that the traffic volume on McClellan Parkway has been incredible for a number of years; that the primary concern of residents is excess speed; that once the construction project begins, a bad problem on McClellan Parkway will become worse; that Book 39 Page 12380 10/16/95 6:00 P.M. Book 39 Page 12381 10/16/95 6:00 P.M. time is of the essence with the projected start of the South Osprey Avenue Project. City Manager Sollenberger stated that McClellan Parkway and Orange Avenue will be impacted by the South Osprey Avenue construction; that the recommendation to adjust the timetable in the study procedure is appropriate. Dr. Tom Dickinson, 1921 Waldemere (34239), stated that residents are seeking relief from speeding traffic on Mcclellan Parkway which is designated as a neighborhood street; that seven previous traffic abatement studies have been made; that speed humps and stop signs can be engineered into the system and are inexpensive, enhance safety, and do not preclude traffic flow; that these methods have been proven to work effectively elsewhere. Martha-Ann Roebuck, 2141 McClellan Parkway (34239), stated that a problem exists on McClellan Parkway and time is of the essence; that the majority of people in Sarasota do not know what a 25 miles-per-hour speed limit means; that four traffic deaths have occurred on McClellan Parkway in the nine years that she has lived there; that the City of Sarasota must find a solution which should be speed humps; that Mcclellan Parkway should be removed from the South Side Traffic Study and work begun immediately on the speed humps so work will be completed by December 1995; that this request should be brought before the Commission at its next meeting. Commissioner Patterson stated that Mcclellan Parkway could be removed from the Traffic Abatement Study; however, more controversy would likely occur; that McClellan Parkway issues should be brought to the table with the rest of the neighborhood using the street; that she would be prepared to vote for the removal of McClellan Parkway from the study if other Commissioners are prepared to do that. Ms. Roebuck asked how the residents of Mcclellan Park can get direct and timely action? Commissioner Patterson stated that the motion on the floor would demand results. Mr. Sollenberger stated that if the motion is passed, the proposed schedule for the Traffic Abatement Study Procedure will have to be revised; that the Task Force will have to be advised that the City Commission wants a solution by a specific time, and the Task Force and the Engineering Department will have to be focused to accomplish that objective; that the Commission wants to provide some mitigation of the construction on South Osprey Avenue and to coordinate that construction with any traffic abatement improvements on Orange Avenue/McClellan Parkway; that instructions to complete the schedule as approved will be given to the Task Force and Staff. Ms. Roebuck asked if a date can be provided? Mr. Sollenberger stated that dates will be provided; that the South Osprey Avenue construction should begin in the summer of 1996; that any improvements planned for Orange Avenue/MCClellan Parkway to mitigate against traffic impacts will be in place by the time the South Osprey Avenue construction project begins. Ms. Roebuck asked what can be done prior to the rapidly approaching tourist season? Commissioner Patterson stated that little can be done for the next eight months. Commissioner Pillot stated the McClellan Parkway traffic abatement issue should not be separated from the total study; that the Commission has received more input on neighborhood traffic abatement than any other single issue during the six and a half years he has been a Commissioner; that traffic abatement has a domino effect, affecting one street after another, which is a concern; that pleas to abate traffic are valid; however, the Commission cannot manage traffic without a unified plan taking into consideration all parts of the City; that installing speed humps and four-way stop signs on streets creates a domino effect; that adherence to the speed limit on Mcclellan Parkway has improved; that approximately two tickets per day are being issued in that area; that the motion for coordination is the proper course of action; that he will not support the removal of one piece of the study. Commissioner Patterson stated that she wishes to apologize concerning her response to the question of what can be done prior to the tourist season; that as an example, residents of Loma Linda Street have asked for two years to have a stop sign installed to divert traffic which is believed to have been diverted to Loma Linda Street when a stop sign was installed on Bahia Vista Street; that when changes occur on one street, another is impacted; that the Commission remains committed to be of assistance even though the study is moving along rather slowly; that none of the traffic abatement issues are easy; that the City lacks a viable replacement network of streets to substitute totally for neighborhood streets; that the Commission is committed to adhering to a realistic time frame. Mayor Merrill stated that one viable option in terms of traffic abatement is always to do nothing; that experience has been that people have to think about traffic abatement, meet and compromise; that successful traffic abatement programs take longer than may be Book 39 Page 12382 10/16/95 6:00 P.M. Book 39 Page 12383 10/16/95 6:00 P.M. anticipated; that removing one street from the study will not succeed; that a do-nothing approach will result; that the process cannot be speeded up unless the goal is to do nothing; that most people prefer streets with little traffic; that even if the dates presented are approved, revisions to these dates will be required; that the motion has merit and the City Manager should be concerned about coordinating various construction programs. Mr. Sollenberger stated that the motion to coordinate the completion of the South Side Traffic Abatement Project and the South Osprey Avenue Project has his support. Mayor Merrill restated the motion as to direct the Administration to coordinate in time the completion of the South Side Traffic Abatement Project and the South Osprey Avenue Project so that any construction for traffic abatement is coordinated with the South Osprey Avenue Project. Motion carried (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. 16. UNFINISHED BUSINESS: REPORT RE: STATUS OF FIRE CONSOLIDATION WITH SARASOTA COUNTY - APPROVED TO SET FOR PUBLIC HEARING ON NOVEMBER 6, 1995, AN ORDINANCE AMENDING THE FIREFIGHTERS! PENSION PLAN (AGENDA ITEM VII-2) #2 (0172) through (0396) City Manager Sollenberger stated that the City has discussed fire consolidation issues with the County following the workshop on October 2, 1995; that two items remain for resolution: (1) Sarasota County desires to eliminate the opportunity for transferred firefighters to collect a City pension while working for the County; that the County is willing to entertain a Cost-of-Living Adjustment (COLA) to take effect immediately upon retirement as a trade-off; that the Firefighters' Pension Board of Trustees for the City has approved the proposal; that this benefit must be bargained with the union; the County has agreed to hold the City harmless in the event of litigation; that details of how this will be achieved are still being worked out; that additional information will be supplied as it becomes available. (2) In the event of deconsolidation, any equipment the City has provided will be returned to the City; that if the equipment has been replaced, the city will have the ability to purchase the replacement equipment at the depreciated value of the asset less the percent the City had paid for it through its Municipal Service Taxing Unit (MSTU) and ad valorem tax contributions over the period of the phase in. City Auditor and Clerk Robinson stated that the County has asked that the City Pension Code be changed so as to prohibit firefighters from collecting a City pension while working for the County; that the Firefighters' Pension Board of Trustees met on Thursday, October 12, 1995, and passed a motion requesting the City Commission set a public hearing to accomplish this; that the Board requested an immediate COLA be given as a trade-off for losing the benefit of collecting a pension from the City while working for the County. City Auditor and Clerk Robinson continued that under consolidation, the Firefighters' Pension Plan becomes a closed group; that an actuarial study has determined that it is less expensive to fund a closed plan; that providing for an immediate COLA instead of requiring a retiree to wait until age 55 does not increase the employer contribution above the current year's cost of 13.66% of payroll; that approval is requested to agenda for public hearing an ordinance to prohibit firefighters from collecting a City pension during County employment and reducing the age for COLA eligibility from fifty-five to immediately upon retirement; that first reading will be scheduled for the regular City Commission Meeting on November 6th and second reading on November 20th if passed at first reading; that the Interlocal Agreement would also be scheduled for approval on November 20th; that the hold harmless agreement should also be completed by November 20th; that the bargaining unit will have signed off on the ordinance by that time; that the Florida Retirement System (FRS) representatives will be available to counsel employees on November 28 and 29, 1995; that events must move along expeditiously to meet the January 1, 1996, deadline. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to set for public hearing on November 6th an ordinance amending the Firefighters' Pension Plan to prohibit working while collecting a pension and providing for an immediate COLA upon retirement. Commissioner Patterson asked if a formal commitment from the County. to hold the City harmless in any litigation and to fund the COLA will be received by the Commission between November 6th and 20th? Mr. Sollenberger stated that something should be available within that time range; that the Administration requests approval of the motion to amend the Firefighters' Pension Plan to provide an immediate COLA upon retirement. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. Mr. Sollenberger stated that the transfer of the employees to the County should be accomplished by January 1, 1996, assuming things move ahead. Book 39 Page 12384 10/16/95 6:00 P.M. Book 39 Page 12385 10/16/95 6:00 P.M. 17. UNFINISHED BUSINESS: REPORT RE: STATUS OF U.8. 41 SEWER REHABILITATION PROJECT - REPORT RECEIVED (AGENDA ITEM VII-3) #2 (0393) through (425) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the construction on U.S. 41 has been completed and any remaining construction is also on schedule. 18. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR CLERK TO EXECUTE THE VERSAILLES STREET IMPROVEMENTS PROJECT CONSTRUCTION AGREEMENT WITH PARADISE DEVELOPMENT GROUP - APPROVED (AGENDA ITEM VII-5) #2 (0426) through (0507) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Paradise Development Group, as a condition to the Publix development at Bay Road and Osprey Avenue, is required to resurface the south half of Versailles Street between Osprey Avenue and U.S. 41 including the parking lot area along the south side of the street; that the City will resurface the north half of the street; that an agreement between the City and Paradise Development Group has been negotiated wherein the total cost will be shared by Paradise Development Group and the City on a 65-35% basis; that the total estimated cost is $61,290 making the City's share $21,451.50; that funding is coming from the street resurfacing program; that the project will be completed by Paradise Development Group, and the City will reimburse Paradise for the City's share; that the Director of Construction for Paradise Development Group is available to answer any questions; that if the agreement is approved tonight, the work will be completed before the end of October. Mr. Sollenberger stated that the Administration recommends approval of the Versailles Street Improvement Project Construction Agreement. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to approve the Versailles Street Project Construction Agreement and authorize the Mayor to execute the document on behalf of the City. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. 19. NEW BUSINESS: DISCUSSION RE: PARKING FOR THE SARASOTA FILM SOCIETY AND POSSIBLE WAYS THE CITY CAN BE OF ASSISTANCE - REFERRED TO THE ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM VIII-1) #2 (0507) through (0607) On motion of Commissioner Patterson and second of Mayor Merrill, it was moved to refer this issue to the City Manager after discussion. Commissioner Patterson stated that the Burns Court Cinema has a parking problem; that property for parking is available; that the owner of Burns Court Cinema would like, if possible, to use about one-half of the available property; that the owner of the property wants to sell all of the property; that the City would benefit from the Cinema's acquiring parking; that the City may want to consider providing a low-cost loan to the Sarasota Film Society for acquisition of the property; that the balance of the property not required for parking can likely be marketed; that the Society has substantial resources available; however, these resources are not sufficient to purchase all of the property without financing; that the City Manager should be authorized to enter into discussions with the owner of the Burns Court Cinema and come back to the Commission with a proposal. Commissioner Pillot asked if the vacant land is located on Kentucky Lane just west of Pineapple Avenue? Commissioner Patterson stated that the vacant land fronts on Palm Avenue; that the property is quite large. Commissioner Pillot asked if the cost of the property is known? Commissioner Patterson stated that the cost is approximately $550,000. Mayor Merrill restated the motion as to refer to the City Manager the issue of increased parking for the Sarasota Film Society and possible ways the City can be of assistance. Motion carried unanimously (3 to 0) : Patterson, yes; Pillot, yes; Merrill, yes. 20. NEW BUSINESS: DISCUSSION RE: HIRING A LOBBYIST FOR STATE FUNDING OF LIDO BEACH RESTORATION - APPROVED TO ENTER NEGOTIATIONS WITH A LOBBY AND BRING A CONTRACT BACK FOR APPROVAL (AGENDA ITEM VIII-2) #2 (0608) through (0841) City Manager Sollenberger stated that the City would like to hire a lobbyist for approximately $30,000 to seek State funding for Lido Beach restoration; that nothing has been done for Lido Beach in the past five years; that a lobbyist should be hired to manage the State legislative process for the City to work with the local legislative delegation to make this funding come to fruition; that the City has experienced success with a Federal lobbyist; that the City has been authorized to complete a Reconnaissance Study by the Army Corps of Engineers which is the commencement of action to get a Federal authorization for beach management funding; that the next task is to get the dollars authorized for the Reconnaissance Study; that Congressman Dan Miller has been working on behalf of the City to accomplish this task; that the advantage of having the Federal Book 39 Page 12386 10/16/95 6:00 P.M. Book 39 Page 12387 10/16/95 6:00 P.M. designation is that once the Study is authorized, the Federal government assumes the responsibility for beach protection for the next 50 years; that getting to that stage will take several years; that the city would like a State project at this stage as a stopgap measure due to the serious degree of erosion; that the Administration recommends continuing negotiations and bringing a proposed contract for a lobbyist back to the Commission for authorization at a special meeting prior to the regular meeting of November 6, 1995. Mayor Merrill stated a motion would be in order. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to enter into negotiations for a lobbyist and bring a contract back to the Commission as soon as possible. The following person came before the Commission: Shelley Lederman, 1805 Jasmine Drive (34239), representing the Half Moon Beach Club, stated that the City should hire a lobbyist as proposed; that the problems at Lido Beach began in January with storms eroding the beach; that the City Commissions' efforts have been strong in trying to get Lido Beach renourished; that $700,000 per year is spent by the Tourist Development Council (TDC) promoting tourism and the beautiful white beaches which the City is losing quite rapidly; that whatever can be done to move ahead with hiring a lobbyist should be done. Commissioner Patterson asked if the hotel owners would be willing to sign a petition and/or write letters to legislators asking for help? Commissioner Pillot stated that individual letters or calls will be more effective than a petition signed by a number of people. Mr. Lederman stated that his past experience with the Arts Council is that legislators are more likely to vote favorably for funding when faxes and letters conveying the appropriate message are sent. Mayor Merrill restated the motion as to enter into negotiations for a lobbyist and bring a contract back to the Commission for approval as soon as possible. Mr. Sollenberger stated that the Administration supports the motion to hire a lobbyist. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. 21. NEW BUSINESS: APPROVAL RE: PRELIMINARY DESIGN OF THE GILLESPIE PARK POLICE SUBSTATION - APPROVED (AGENDA ITEM VIII-3) #2 (0842) through (1259) Stanley Carter, Captain, Public Safety Department, and Stuart Barger, Architect, came before the Commission. Mr. Carter stated that a number of meetings with the Gillespie Park Neighborhood Association Executive Board and City Staff have led to preliminary design plans for the Police substation. Mr. Barger stated that a number of meetings were held with City Staff, the After-School Program Coordinator, Gillespie Park Neighborhood Association Executive Board, and the architect and landscape architect who designed the recent renovation to Gillespie Park; that available funds for this project are $100,000; that $77,000 will be available to construct the building; that 1,200 square feet was determined as the space needed for a Police substation, an after-school program, and a meeting facility; that the floor plan provides an office for two Police Officers and a volunteer coordinator, storage for the Police Officers' bicycles, a large multipurpose room which can be used for neighborhood meetings or an after-school program for 15 to 20 children, common bathrooms, a kitchenette, and service areas; that the proposed building will be located in the southwest quadrant of Gillespie Park; that curbside parking is proposed in an area relatively near the proposed building; that the proposed building has a hip roof with shingles which match the existing pavilion and a colonnade at the front, providing expansion space for active children; that the structure is simple concrete block with stucco which blends well with current structures; that this project should be able to be completed within the current budget. Mayor Merrill asked if the proposed building will blend in with other structures and achieve its purpose? Mr. Barger stated that the proposed building will meet the needs of the Gillespie Park neighborhood. Mr. Sollenberger stated that the proposed building was recommended by the Neighborhood Association; that he has met with the architect, members of the Police Department and the President of the Gillespie Park Neighborhood Association; that approval of the preliminary design and authorization to move ahead with the project is recommended; that a substantial amount of fees are associated with the proposed building; that final costs will be determined when the project is bid; that it may be necessary for the Commission to appropriate funds out of the Law Enforcement Trust Fund (L.E.T.F.) to supplement the amount for the needed development fees. Book 39 Page 12388 10/16/95 6:00 P.M. Book 39 Page 12389 10/16/95 6:00 P.M. Commissioner Patterson asked for an explanation of the fees. Mr. Sollenberger stated that fees include building permit fees, site and development plan fees, etc. Commissioner Patterson asked if L.E.T.F. dollars is the funding source for the first $100,000? Mr. Sollenberger stated yes. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to approve the preliminary design of the Gillespie Park Police substation and authorize the architect to proceed with obtaining site development plan approval and bidding the project. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes. Commissioner Patterson asked if the architect bids the project? Mr. Sollenberger stated that the architect will be highly involved in the project; however, the Gillespie Park Police substation will be bid by the City. Commissioner Patterson stated that the motion authorized the architect to bid the project. Mr. Sollenberger stated that it is understood that the project will be bid through General Services. 22. NEW BUSINESS: APPROVAL RE: TEMPORARY USE SPECIAL PERMIT FOR SARABANDE SALES CENTER AT 501 SOUTH GULFSTREAM AVENUE = APPROVED (AGENDA ITEM VIII-4) #2 (1262) through (1347) Timothy Litchet, Acting Director of Building, Zoning, and Code Enforcement, came before the Commission and stated authorization to draft and execute a temporary use special permit to Tangerine Development Company for the relocation of the Sarabande temporary sales center to 501 South Gulfstream Avenue is requested. City Manager Sollenberger stated that the Administration supports the recommendation. Commissioner Patterson asked if the petitioner owns the property? Mr. Litchet stated yes. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to authorize the drafting and execution of a temporary use special permit for 501 South Gulfstream Avenue. Motion carried unanimously (3 to 0): Patterson, yes; Pillot, yes; Merrill, yes 23. NEW BUSINESS: DISCUSSION RE: LIBRARY SITE ACQUISITION - APPROVED TO SUPPORT THE COUNTY'S EFFORTS TO SECURE THE FIVE POINTS SITE (AGENDA ITEM VIII-5) #2 (1367) through (1995) City Manager Sollenberger distributed copies of a letter dated October 16, 1995, from The Goodyear Tire & Rubber Company, which occupies a portion of the Five Points site allocated for the proposed new library and stated that the company is seeking a new business location; that once a new location is identified, Goodyear has indicated it would be willing to negotiate with Sarasota County regarding the site Goodyear now occupies; that The Argus Foundation has offered assistance to Goodyear in their efforts; that the Administration will also offer help in identifying potential sites; that, hopefully, Goodyear will be successful; that if not, the Administration will recommend the City consider the use of eminent domain to help Sarasota County acquire the site. Commissioner Pillot stated that this topic is on the agenda for the October 17, 1995, County Commission meeting and asked for the Administration's recommendation. Mr. Sollenberger stated that the Administration's recommendation is for the City Commission to urge the Board of County Commissioners to complete the acquisition of the properties at Five Points expeditiously so the library project can proceed. Commissioner Pillot asked if a statement could be made to the County that the City is ready to cooperate with them in all feasible ways? Mr. Sollenberger stated yes. On motion of Commissioner Pillot and second of Mayor Merrill, it was moved to urge the Board of County Commissioners to proceed as expeditiously as possible to acquire the Goodyear property with the understanding that the City Commission is willing to cooperate in acquiring the property, including the use of eminent domain. Larry Button, 801 South Boulevard of the Presidents (34236), came before the Commission and stated that the City and County Commissions have decided to locate the library at Five Points although the librarians, the Friends of the Selby Public Library, and many library users are opposed because the property trade with RISCORP and the other private property owners is very expensive; that the only entity to benefit will be RISCORP; that the Goodyear property was appraised at $150,000, which is a ridiculous sum; that Goodyear now wants $400,000; that the City Commission should urge the Board of County Commissioners to rethink their choice and consider a more desirable site, such as Mission Harbor. Book 39 Page 12390 10/16/95 6:00 P.M. Book 39 Page 12391 10/16/95 6:00 P.M. Mayor Merrill stated that the property had been appraised at $150,000 and the projected asking price is now $400,000 and asked what this cost represents? Mr. Sollenberger stated that the cost is comprised of two aspects: the real estate and the value of the relocation of the business; that Goodyear has indicated that the company has no place in which to relocate and that substantial damages will be incurred if put out of business; that less costs will be incurred if a location can be identified to move to; that Goodyear is willing to negotiate on that basis; that no appraisal has been done; that a value has been associated with the business relocation expenses, but that determination was not made on behalf of the City. Commissioner Patterson stated that the $150,000 figure was a projection used by the city and County Administrators in presentations to the Commissions. Mr. Sollenberger stated that the projections were determined by Goodyear in preliminary discussions with RISCORP who purchased the property; that almost a year ago a tentative agreement had been reached to relocate at a cost of $150,000; that Goodyear had an option on a relocation site which is no longer available, and this fact has entered into the negotiation. Commissioner Patterson stated that she did not support the decision to locate the library at the Five Points site initially since a smaller library and less parking would result; nevertheless, steps should be taken to advance the decision of the majority of both the County and City Commissions to place the library at the Five Points site; that following the suggestion of the previous speaker is unlikely; that the City Commission voted 3 to 2 to make a substantial contribution to the acquisition of the Five Points site in the form of a piece of property in which the City has over $900,000 invested; that Goodyear has sent a letter indicating a willingness to negotiate for what the County is willing to payi that eminent domain, which is part of this motion, can be achieved in one of two ways: the long way which requires a substantial amount of time or a quick take; that the majority of the Commission and the Administration apparently are of the opinion that a quick take eminent domain procedure will be undesirable to Goodyear, likely motivating the company to negotiate more rapidly; however, a quick take will result in obtaining the property but the liability remains undefined; that someone will have to pay $275,000 plus legal fees for both sides or $275,000 plus some figure determined by a jury; that a quick-take process will not motivate Goodyear to settle for anything less since the company would receive at least the amount at which negotiations started with no risk of legal fees; that in addition, a potential open-ended liability in the area of environmental issues could result in the event the City becomes part of the chain of title; that the motion is understood but is not recommended as a direction for the City to pursue. Mayor Merrill stated that the City has already made a contribution and he is not willing to encourage the County Commission to spend $400,000 to acquire the property; that the floor in an eminent domain procedure is probably not $275,000 but rather the original $150,000; that the motion does not require the City to proceed immediately with eminent domain but rather indicates a willingness to consider eminent domain as an option. Mayor Merrill called for a vote on the motion to urge the Board of County Commissioners to move as expeditiously as possible to acquire the Goodyear property with the understanding that the City Commission is willing to cooperate in acquiring the property, including the use of eminent domain. Motion carried (2 to 1): : Pillot, yes; Patterson, no; Merrill, yes. 24. NEW BUSINESS: REPORT RE: EMPLOYEE HEALTH CARE = APPROVED TO SUPPORT MONITORING SARASOTA COUNTY'S PROGRESS WITH A REPORT BACK (AGENDA ITEM VIII - 6) #2 (2000) through (2493) City Manager Sollenberger stated that an article was published in the Sarasota Herald-Tribune on October 15, 1995, about possible savings the City could achieve by bidding out its employee health insurance coverage; that the bidding process is not objectionable; however, the time necessary to change providers is a concern since a new plan would have to be in effect as of January 1, 1996. Mr. Sollenberger stated that the Administration's recommendation is to monitor the County's progress and to make a determination how best to proceed. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to approve the Administration's recommendation which includes a strategy of monitoring Sarasota County's progress and to report back to the City Commission. Motion carried unanimously (3 to 0) : Patterson, yes; Pillot, yes; Merrill, yes. 25. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #2 (2498) through (3355) COMMISSIONER PATTERSON: A. stated that graffiti remains on an electrical box owned by Florida Power & Light at the intersection of Almeria Avenue and Siesta Drive; that the graffiti should be removed. City Manager Sollenberger stated that it will be done. Book 39 Page 12392 10/16/95 6:00 P.M. Book 39 Page 12393 10/16/95 6:00 P.M. COMMISSIONER PILLOT: A. asked for the schedule of future Commission meetings. City Auditor and Clerk Robinson stated that the schedule of Commission meetings is: Monday, October 23 at 6 p.m. Special Meeting Non-conforming Uses Monday, October 30 at 6 p.m. Special Meeting - Non-conforming Uses Monday, November 6 at 6 p.m. Regular Meeting Tuesday, November 14 at 2 p.m. Workshop - Cable TV Monday, November 20 at 6 p.m. Regular Meeting MAYOR MERRILL: A. stated that the financial figures on one of the proposals for a conference center may not be as firm as anticipated; that the potential developer should firm up the numbers and make them available to the City prior to the public hearing; that the key criteria for the project on the bayfront was that it did not require a Bed Tax; that the Commission should ask the Administration to obtain final numbers in writing from the proposed developer prior to the public hearing scheduled for December 2, 1995; that the public will not have a good representation if the information is not presented in advance; that if firm numbers are not available, the meeting should be postponed until clear documentation is received. Commissioner Pillot asked if the concern is the burden the City may have to bear? Mayor Merrill stated that the concern is for the City's and County's burden; that the developers should be very specific about not requiring any government monies; that no promises were made by the developers to provide adequate parking facilities at their expense. Commissioner Pillot stated that the developers probably have begun to finalize the total dollar cost of the project and are in the process of getting the figures to the Administration. Mayor Merrill stated that all the financial data should be disseminated to the public prior to the public hearing. Mr. Sollenberger stated that the developers will be notified that the City Commission wants all the financial data prior to the public hearing. Commissioner Patterson stated that substantial public funds may be required to reconfigure the parking facilities at Centennial Park; that the issue of financial responsibility for certain aspects of the project are unclear; that the Commission cannot address the issue of public financing at the public hearing if the cost is not known beforehand; that the proposal was presented as not requiring public funds and was reported as such to the public. Commissioner Pillot stated that private development of the Centennial Park property will generate income which is not now available and will not be in the future if the property remains in its present form; that additional property tax revenue and lease of land revenue could be a mitigating factor. Commissioner Patterson stated that she agrees; that the same could be said of each of the three proposals; that each will generate income which the County, the School Board and the City would not otherwise have; however, public funds have been used to provide the existing, very adequate amenities, i.e., parking at the Van Wezel Performing Arts Hall (VWPAH) and the boat ramps at Centennial Park; that the City should not have to expend additional funds to recreate any amenity at the bayfront; that the proposal should be scrutinized to determine the City's financial obligation; that significant additional revenue will also be generated from a conference center and hotel on the John Ringling Towers property without any City expenditure. Commission Pillot stated that the John Ringling Towers property is on the tax rolls now; that revenues to the City will increase if improvements are made; that the only proposal using property currently not on the tax rolls is the proposal for Centennial Park. B. stated that the Sarasota City Charter has a requirement that the Chair use Robert's Rules of Order, which is a time-proven, very effective and simple mechanism to insure meetings are focused as well as interesting to the audience; that he intends to follow Robert's Rules of Order. Commissioner Pillot stated that Robert's Rules of Order may be inconvenient to follow at times but appreciates the Mayor's leadership in conducting orderly meetings; that meetings are more businesslike when Robert's Rules of Order is followed. Commissioner Patterson stated that she understands the need for focus; however, the Mayor must be sensitive to the viewpoints expressed by Commissioners; that public meetings are the only opportunity Commissioners have to hear each other's views and try to sway each other on important issues; that support may not always be forthcoming on important issues when adhering to the formal use Book 39 Page 12394 10/16/95 6:00 P.M. Book 39 Page 12395 10/16/95 6:00 P.M. of Robert's Rules of Order if Commissioners are not given a forum to present their views. Mayor Merrill stated that Robert's Rules of Order allows for suspension of the rules; that some procedures do not require a two- thirds vote; that his goal is to be effective in chairing impartial meetings; that Robert's Rules of Order allows for all contingencies. 26. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #1 (3360) through (3470) CITY MANAGER SOLLENBERGER: A. stated that the public hearing on the proposed conference center will take place at the Sarasota Mobile Home Park (SMHP) auditorium on December 2, 1995 from 9 a.m. to noon. Commissioner Patterson stated that the parking facilities at the SMHP may be inadequate; that many people are expected to attend; that the purpose of holding the meeting at a facility larger than the Commission Chambers is defeated if parking is. inadequate; that signs should be placed at the SMHP directing people to the auditorium. Mr. Sollenberger stated that people may have to park on the lawn; that the Municipal Auditorium and the Sudakoff Hall were unavailable; that the Van Wezel Performing Arts Hall would not be a good forum for a public hearing; that the Administration will make every effort to provide sufficient parking. 27. ADJOURN (AGENDA ITEM XII) #4 (3472) There being no further business, Mayor Merrill adjourned the regular meeting of October 16, 1995, at 9:02 p.m. DAVID MERRILL, MAYOR ATTEST: Billy E Robns BILLY E ROBINSON, CITY AUDITOR AND CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF. BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson, Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 707 Freeling Drive WHICH I SERVE IS A UNIT OF: XcrrY COUNTY : OTHER LOCAL AGENCY CITY COUNTY Sarasota Sarasota NAME OF POLITICAL SUBDIVISION: City of Sarasota DATE ON WHICH VOTE OCCURRED MY POSITION IS: October 16, 1995 X ELECTIVE :I APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately 10 the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORMI *B I0-86 PAGFY IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Nora Patterson hereby disclose that on October 16, 19.95 (a) A measure came or will come before my agency which (check one) XX inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: A motion was made and seconded to reconsider the installation of a fence at a fountain to be located at the tip of Island Park and donated by Jack Graham, Inc. My husband's law firm represents Jack Graham, Inc. Allon Ocbols 39,/995 Moro Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM RB 10-86 DAGE ?