BOOK 42 Page 15207 09/04/97 3:30 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 4, 1997 AT 3:30 P.M. PRESENT: Mayor Gene Pillot, Vice * Mayor Jerome Dupree, City Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(b) of the Charter of the City of Sarasota at 3:30 p.m. city Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ANNOUNCEMENT RE: COMMENCEMENT, ESTIMATED LENGTH AND ATTENDEES OF THE ATTORNEY-CLIENT SESSION CONCERNING THE UPCOMING MEDIATION IN THE CASE OF THE JOHN RINGLING TOWERS FOUNDATION, INC. V. BUFORD AND THE POTENTIAL ASSOCIATED LITIGATION EXPENSES (AGENDA ITEM I) #1 (0001) through (0092) Mayor Pillot stated that the purpose of the special meeting is to announce an attorney-client session in accordance with Section 286.011(8), Florida Statutes (1995) so the Commission can advise the City Attorney and the City Manager of their authority at the upcoming mediation in the case of The John Ringling Towers Foundation, Inc., V. Buford and the litigation expenses which may be incurred in preparing the case for trial; that the attorney- client session is anticipated to last approximately one hour and will be held in Room 109, City Hall; that the following individuals will be in attendance: Gene M. Pillot, Mayor; Jerome Dupree, Vice Mayor; Mollie C. Cardamone, Commissioner; David Merrill, Commissioner; Nora Patterson, Commissioner; David R. Sollenberger, City Manager; Richard J. Taylor, City Attorney; Mark Singer, Attorney in the City Attorney's Office; and a certified court reporter from Associated Court Reporters of Southwest Florida, Inc.; that the attorney-client session is not open to the public; however, the court reporter's transcript will be made part of the public record at the conclusion of the litigation. Mayor Pillot recessed the special meeting at 3:32 p.m. to convene the attorney-client session in Room 109. 2. ANNOUNCEMENT RE: TERMINATION OF THE ATTORNEY-CLIENT SESSION (AGENDA ITEM II) #1 (0092) through (0118) Mayor Pillot reopened the special meeting at 5:25 and stated that the attorney-client session is concluded. 3. DISCUSSION RE: SCHEDULE FOR COLLECTIVE BARGAINING DISCUSSION = SCHEDULED COLLECTIVE BARGAINING DISCUSSION FROM 4:00 TO 6:00 P.M. ON MONDAY, SEPTEMBER 8, 1997 #1 (0118) through (0194) City Manager Sollenberger stated that the collective bargaining discussion schedule immediately following this meeting should be rescheduled as two Commissioners cannot stay beyond 6:00 p.m. William Davenport, Director of Human Resources, came before the Commission and stated that the collective bargaining discussion with the Commission should be rescheduled as soon as possible as a negotiation session with the Police Benevolent Association (PBA) is scheduled for 1:30 p.m., Tuesday, September 9, 1997. Commissioner Patterson asked if the negotiation session can be changed? Mr. Davenport stated that changing the negotiation session would be difficult as the PBA is interested in moving the negotiations ahead and has been critical about the length of previous negotiations. City Auditor and Clerk Robinson stated that according to their schedules, all Commissioners are available on Monday, September 8, 1997. City Manager Sollenberger stated that the PBA President has been critical of rescheduling negotiation sessions in the past and would like to see the negotiations completed on a timely basis; that not rescheduling the PBA negotiation session is preferred. Mayor Pillot stated that upon hearing no objections, there is a consensus of the Commission to schedule the collective bargaining discussion from 4:00 to 6:00 p.m. on Monday, September 8, 1997, in Room 303A. 4. REPORT RE: OAK TREES ON OSPREY AVENUE (STATE ROAD (SR) 758) NEAR BAY ROAD = APPROVED TO REQUEST FDOT: SAVE AS MANY TREES AS POSSIBLE; MAKE VARIANCES IN CONSTRUCTION STANDARDS; AND BE RESPONSIBLE FOR PLANTING TREES IN THE RIGHT-OF-WAY AS REÇOMMENDED #1 (0210) through (1037) City Manager Sollenberger stated that the Commission requested a report on the status of the oak trees on Osprey Avenue (SR 758) near Bay Road and distributed the following: A letter dated August 27, 1997, from Robert F. Wade, P.E., Resident Construction Engineer, Florida Department of BOOK 42 Page 15208 09/04/97 3:30 P.M. BOOK 42 Page 15209 09/04/97 3:30 P.M. Transportation (FDOT) to Dennis Daughters, Director of Engineering/City Engineer, including an attachment dated July 28, 1997, from Tonie Lovin, General Superintendent, M.L. Boyer Construction, Inc., FDOT's subcontractor, estimating the cost to shift SR 758 four feet to the east at $99,000. A letter dated August 28, 1997, from Dennis Daughters, Director of Engineering/City Engineer, to Mr. Wade, FDOT, indicating the estimated cost is excessive. A letter dated September 3, 1997, from Mr. Wade to Mr. Daughters indicating that project redesign cannot be requested without funding and that redesign could result in a delay claim of approximately $51,000 per month plus re-mobilization costs. A report and recommendation dated September 4, 1997, from David W. Johnston, ASLA, of David W. Johnston Associates, Landscape Architects, concerning the oak trees. City Manager Sollenberger stated that Mr. Daughters characterizes the $99,000 cost as "outlandish" in his response to FDOT; that negotiation may be possible; however, FDOT may not be particularly motivated to negotiate; that FDOT is clearly mounting a case not to redesign the project. Commissioner Patterson stated that the report and recommendation from Mr. Johnston is interesting; that Mr. Johnston's employee discussed each of the trees during a one-hour, on-site visit with the Director of Engineering/City Engineer, the Assistant city Engineer and herself and gave the prognosis that the trees are perfectly viable; that with the exception of one tree most severely affected by Florida Power and Light (FPL) trimming, the statements made by Mr. Johnston's employee do not concur with the recommendations in the report; that the recommendation is a total reversal of what was said on site, is an apparent effort at convenience and is not believed. City Manager Sollenberger stated that an effort at convenience is not being made at his request; that Mr. Johnston could be invited to a Commission meeting to discuss the report. Commissioner Patterson stated that Mr. Johnston has gone on record indicating none of the trees are viable despite their having grown at the site for over 50 years; that Mr. Johnston's employee said the trees are viable; that inviting Mr. Johnston to appear before the Commission will serve no purpose as he will not contradict his written report and recommendation. Commissioner Merrill stated that his position will be based on the City Manager's recommendation. Mayor Pillot agreed; and stated that the effort to save the trees has been proper; however, the time to move on may have arrived; that Mr. Johnston's report and recommendation are taken at face value. Commissioner Cardamone stated that three of the four trees are viable and not under power lines; however, the fourth tree has been severely damaged by FPL; that the trees protect the abutting condominiums from street noise and smells; that agreement cannot be expressed with the entirety of Mr. Johnston's report and recommendation. Commissioner Patterson agreed; and stated that two trees are in front of property of which she is part owner and two are in front of a condominium complex; that the tree in the center of her property has been severely damaged by FPL and removing the tree would not be a major loss; that the two trees in front of the condominiums can be saved; that FDOT has a height standard of 7 feet 4 inches over sidewalks for clearance by bicyclists; that a 2- inch variance would be required from FDOT's height standard; that Mr. David A. Twiddy, P.E., FDOT District Secretary, stated a sidewalk height variance could be considered or a right-of-way from the condominium obtained to curve the sidewalk and save the two trees; that the viability of the third tree in front of her property is debatable; that destroying the two trees in front of condominium would be a crime; that Mr. Johnston's report is upsetting as the recommendation is to remove all four trees; that FDOT indicated it would work to save two or possibly three trees; that FDOT can conclude the trees should be removed based on Mr. Johnston's report and recommendation; that an arborist was retained by ReLEAF Sarasota County and issued a letter agreeing with her conclusions. Commissioner Cardamone stated that the letter is from Alex Hopkins, a local certified arborist, who indicates: Trees Numbers 272 and 273 - healthier specimens and their loss would have a dramatic, detrimental effect on other oak trees located to the west; eliminating these two trees will subject the other trees to windthrow and a loss of root surface area; Tree Number 220 = not in optimal condition and the presence of a raised planting bed around the root zone is harmful; Tree Number 278 structurally damaged by utility line clearance and may not be suitable to save; Tree Number 219 a comparative young tree worthy of attention. BOOK 42 Page 15210 09/04/97 3:30 P.M. BOOK 42 Page 15211 09/04/97 3:30 P.M. Commissioner Cardamone continued that the arborist is indicating trees numbers 273, 272 and 219 are worth saving; and quoted Mr. Hopkins as follows: .if plans to widen the road are carried out, does it not make sense to preserve our trees if for no other reason than the visual effect. The presence of trees provides cooling as well as the more obvious visual beauty. Vice Mayor Dupree stated that the $99,000 cost estimate by FDOT's subcontractor to relocate SR 758 is outlandish and cannot be imagined; that the estimate is indicative of an expression of FDOT's inflexibility; that FDOT is providing as many reasons as possible not to attempt to save the trees. Commissioner Cardamone agreed; and questioned the wisdom of building a road through numerous trees when empty space is available on the other side of the right-of-way. Mayor Pillot stated that the recommendation of the City Manager will be supported; and asked his recommendation. City Manager Sollenberger stated that FDOT will probably not be persuaded to relocate the roadway; that FDOT should be requested to preserve as many of the oak trees as possible and plant trees as recommended by Mr. Johnston in his report. Commissioner Cardamone asked for elaboration of a telephone communication from the FDOT District Secretary. City Manager Sollenberger stated that Mr. Twiddy called on August 27, 1997, and indicated: A letter had been sent from his (Mr. Twiddy's) office the previous week stating the oak trees on Osprey Avenue near Bay Road would be removed; however, the letter should have said the trees would be trimmed or removed. He told his staff the previous week to let the contractor proceed with the job, "don't mess with the trees," get the road constructed, look at a clearance under the trees for both roadway and sidewalk. With respect to sidewalk, it may be necessary to get additional right-of-way from the condominium. They (FDOT) may wish help from the City in dealing with the condominium if they run into difficulties in securing a right-of-way easement. While he intends to proceed with the project, they (FDOT) will attempt to save the trees. City Manager Sollenberger stated that the City's help is interpreted to mean help in talking with the condominium owners. Commissioner Patterson stated that 6-foot sidewalks are being built; that one tree has three major trunks, one of which interferes with the sidewalk and would have to be removed; that the middle trunk if left standing violates the 7-foot, 4-inch height standard only for the outer 3 or 4 inches of the sidewalk; that the tree would not violate FDOT's height standard if a narrower sidewalk were built; that FDOT staff responded that the sidewalk must be 6-feet wide and the tree cannot violate the height standard even over a small portion of the sidewalk; that this position is indicative of FDOT's inflexibility. Mayor Pillot stated that FDOT's position is inane. Commissioner Patterson agreed; and stated that her decision to fight FDOT was made at that time. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to request that FDOT save as many trees as possible by reasonable variances in FDOT's height standards and by obtaining rights-of-way to meander the sidewalk, replace the trees which must be removed and plant trees on the east side. Mayor Pilot asked if specifying certain trees would be helpful? Commissioner Patterson stated that the trees numbered 219, 272 and 273 are of particular concern; that designation of those specific trees will be made part of her motion. Commissioner Merrill as the seconder concurred. Mayor Pillot restated the motion as to request that FDOT: save as many trees as possible with specific concern about the trees numbered 219, 272 and 273; make variances in construction standards including but not limited to the sidewalk in order to accommodate saving the trees; and be responsible for planting trees in the right-of-way as recommended by the City's landscape architect, David W. Johnston Associates. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson stated that short-term irrigation on the planted trees by the City will be required. City Manager Sollenberger stated that the City will provide short- term irrigation. Mayor Pillot asked if the motion will be transmitted to FDOT? City Manager Sollenberger stated yes; that relevant portions of the recommendation of Mr. Johnston concerning tree planting will be included in the transmittal. Commissioner Patterson stated that the transmittal should indicate "particularly but not limited to" when the trees are specified. BOOK 42 Page 15212 09/04/97 3:30 P.M. BOOK 42 Page 15213 09/04/97 3:30 P.M. Mayor Pillot stated that the specific numbers of the trees should be confirmed with Mr. Johnston. City Manager Sollenberger stated that large scale oaks on the east side and limited height trees on the west side of the right-of-way were specified in Mr. Johnston's letter which will be incorporated in the transmittal to FDOT; that an on-the-ground meeting with FDOT will be requested to resolve the variances. Mayor Pillot asked if long-term maintenance will be the responsibility of the City? Commissioner Patterson stated that her immediate concern is the first five to six months of the trees' lives; that the Paradise Plaza Shopping Center as the owner of the right-of-way on the east side may inherit the maintenance responsibility. City Manager Sollenberger stated that the City will accept short- term maintenance responsibility to get the trees growing well. 5. CITIZENS' . INPUT CONCERNING CITY TOPICS (AGENDA III) #1 (1037) through (1037) There was no one signed up to speak. 6. REMARKS OF COMMISSIONERS AND OTHER ADMINISTRATIVE OFFICERS #1 (1037) through (1263) COMMISSIONER CARDAMONE: A. stated that the plantings on- Hillview Street are terrible; that the small juniper plants are scrawny and do not cover the ground. Commissioner Patterson stated that the Florida Department of Transportation (FDOT) did the landscaping. City Manager Sollenberger stated that the landscaping on Hillview Street is the subject of a report to be returned to the Commission shortly; that the problem is well recognized. Commissioner Cardamone asked if City funds are invested in both the Bay Road/Osprey Avenue and Hillview Street/Osprey Avenue projects? City Manager Sollenberger stated yes. COMMISSIONER MERRILL: A. stated that the Mayor's recently reported comments concerning expansion of the jail if Sarasota County is unsuccessful in identifying a site near the landfill are supported as being politically acceptable to the neighbors in the surrounding area. Mayor Pillot stated that his comments as attributed in a recent article in the Sarasota Herald-Tribune should be clarified; that Rod Thompson, a reporter, conducted a very pleasant interview and asked the question if expansion of the jail would be rejected out of hand; that his response was he would neither reject nor support as more detailed information from Staff would be necessary which Mr. Thompson was specifically requested to stress; that the new Sarasota County Judicial Center is presumed to be located in that site for many years; that the Sarasota County Sheriff's Department, the jail and County Court House are already located in the vicinity which is adequate logic to consider the site for expansion of the jail; that, for example, the City Police Department could be razed and.a new facility built on a site of the City's choosing; that his statement'was not that building the jail at the site is logical but rather that encugh logic exists to consider the site. Commissioner Cardamone asked if the site is under consideration and if land exists in the vicinity? Commissioner Merrill stated that the site was not considered originally; that land would have to be acquired. Mayor Pillot stated that the land on which the current City of Sarasota Police Department building is located could be used; that the street could be bridged between the existing Sheriff's Department and the new facility; that adequate air space exists. Commissioner Patterson stated that reproducing the police building would be very expensive, far more expensive than acquiring additional land nearby. Commissioner Cardamone stated that Sarasota County expressed an interest in taking the police building a few years ago when considering building a larger judicial center. Mayor Pillot stated that a secure bridge could easily be built to bring prisoners back and forth over Ringling Boulevard; that the project may be expensive; however, sometimes the expense amortized over many years is worth the investment CITY MANAGER SOLLENBERGER: A. stated that the YMCA has acquired the former Sarasota train station site for new administration offices and a service center. Commissioner Cardamone stated that taking large, valuable properties off the tax rolls is a concern; that a method to discourage such action is not known; that the site is a significant and valuable piece of property at the end of Main Street. BOOK 42 Page 15214 09/04/97 3:30 P.M. BOOK 42 Page 15215 09/04/97 3:30 P.M. Mayor Pillot stated that he has another commitment, passed the gavel to Vice Mayor Dupree and left the Chambers at 6:00 a.m. Commissioner Merrill stated that market value has shown that the location is a redevelopment area and not a strong area of the City. Commissioner Patterson stated that a question may be whether the YMCA will approach the City for a change in zoning. Commissioner Merrill stated that the area has problems which will only get worse unless a new course is devised to reverse the trend. CITY AUDITOR AND CLERK ROBINSON: A. stated that the workshop requested by the Commission on parliamentary procedures has been scheduled for Tuesday, September 9, 1997, from 4:00 to 6:00 p.m. 7. ADJOURN (AGENDA ITEM IV) #1 (1263) There being no further business, Vice Mayor Dupree adjourned the special meeting of September 4, 1997, at 6:02 p.m. GENE PILLOT, MAYOR SOTA ATTESTS - - T % A 4 3se L C: 14 BILLY CROBINSON, CITY AUDITOR AND CLERK 9.0.2