MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 15, 1997, AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and Attorney Sarah Schenk of the City Attorney's Office ABSENT: City Attorney Richard Taylor PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH, AUGUST 1997, PATRICIA V. FRAZIER, ADMINISTRATIVE OFFICE SUPERVISOR, BOBBY JONES GOLF COMPLEX #1 (0021) through (0201) City Manager Sollenberger requested that Raymond Grady, Manager, and Patricia Frazier, Administrative Office Supervisor, come before the Commission. Mr. Grady stated that Ms. Frazier, a seven-year employee, is responsible for administering the weekly payroll, annual leave, and insurance information, and training and coordination of Staff; that Ms. Frazier's unmatched loyalty, punctuality, and dedication to quality customer service provide a fine example to the rest of Staff; that Ms. Frazier is always ready to serve the customer or assist fellow employees with a positive attitude and pleasant demeanor. Mr. Grady continued that Ms. Frazier, a member of the Employee Appreciation Team, plans several employee-related activities during the year as well as golf tournaments for employees, residents, and visitors; that as Department Liaison for Information Systems, Ms. Frazier attends all scheduled meetings, updates Staff regarding computer upgrades, and has implemented a computerized tracking system for payments from leaseholders to Bobby Jones Golf Complex, saving a considerable amount of time and money for the City. Mr. Grady further stated that Ms. Frazier is a volunteer usher at the Van Wezel Performing Arts Hall (VWPAH), donates her services at the Sarasota Humane Society, and is a member of the Sarasota Yacht Club; that Ms. Frazier's competent, efficient, and excellent work ethic exemplifies an employee who serves the City with excellence and pride. BOOK 42 Page 15216 09/15/97 6:00 P.M. BOOK 42 Page 15217 09/15/97 6:00 P.M. Mayor Pillot presented Ms. Frazier with a City-logo watch, a plaque, and a certificate as the August 1997 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. Frazier recognized her husband, Robert, and daughter and son-in-law, Susan and Michael Himsworth, who were present in the audience. 2. PRESENTATION RE: MAYOR'S CITATION TO ARTISTIC DIRECTOR/ CONDUCTOR LEIF BJALAND, IN RECOGNITION OF HIS RECENT APPOINTMENT TO THE FLORIDA WEST COAST SYMPHONY, INC. - POSTPONED PENDING ARRIVAL; NEVER ARRIVED The City Commission recessed at 6:05 p.m. into the special session of the Community Redevelopment Agency and reconvened as the City Commission at 6:15 p.m. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0219) through (0239) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under New Business, Item No. VIII-3, Adoption Re: Proposed Resolution No. 97R-1010, amending the City's formal Rules of Procedure for City Commission Meetings, adopted by Resolution No. 96R-959, to revise the rules pertaining to the seating arrangement of the Commission, speaking by Commissioners, and general speaking; etc., per the request of City Auditor and Clerk Robinson On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 3, 1997 AND SPECIAL MEETING OF SEPTEMBER 4, 1997 - APPROVED (AGENDA ITEM I) #1 (0242) through (0259) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the regular City Commission meeting of September 3, 1997, and special meeting of September 4, 1997, are approved by unanimous consent. 5. BOARD ACTIONS : REPORT RE: ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY'S REPORT OF THE REGULAR MEETING OF SEPTEMBER 4, 1997, REGARDING PETITION NO. 97-SE-09 AND PETITION NO. 97-SE-11 = AFFIRMED PBLP RESOLUTION REGARDING PETITION NO. 97-SE-11 AS MODIFIED AND AFFIRMED PBLP RESOLUTION REGARDING PETITION NO. 97-SE-09 (AGENDA ITEM II) #1 (0264) through (0483) Michael Taylor, Deputy Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Lindsay presented the following items from the PBLP's regular meeting of September 4, 1997: A. Petition No. 97-SE-11 Mr. Lindsay stated that Petition No. 97-SE-11 is a request for a special exception to permit a pre-school at 1773 Morrill Street : in the Residential, Multiple-Family (RMF)-4 Zone District; that the PBLP found proposed Special Exception Petition 97-SE-11 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP Resolution approving the Special Exception; that the proposal was presented to the PBLP and reviewed by neighborhood residents as a unified site plan; that the PBLP approval does not recognize the different uses in different sections of the parcel as providing a potential basis to subdivide the property in the future; that the language in the resolution will be revised to clarify the PBLP is approving a unified site plan. Vice Mayor Dupree stated that the fence around the perimeter is approximately four feet in height; and asked if the play area will be located in the front portion of the property? Mr. Taylor stated that the PBLP is recommending the Commission approve the site plan as drafted including a play area unscreened from the residential use on the site; that any play area off the site must be screened according to the Zoning Code. Mr. Lindsay stated that the play area will be located in the rear of the property next to a performing stage; that the entire play area will be screened by fencing six feet, six inches in height; that the picket fence around the front of the property is approximately 36 inches in height as required for certification. Commissioner Merrill asked if the Commission is required to take further action to ensure the site plan will be approved as unified without any possibility of subdivision in the future? Mr. Lindsay stated that the PBLP Resolution was not clearly written; that' additional language will be included in the Resolution and the text reviewed by the City Attorney's Office to clarify the PBLP approved a unified site plan with mixed uses. BOOK 42 Page 15218 09/15/97 6:00 P.M. BOOK 42 Page 15219 09/15/97 6:00 P.M. Commissioner Merrill asked if the PBLP Resolution approving Special Exception Petition 97-SE-11, affirmed by the Commission, will reflect the necessary language revisions? Mr. Lindsay stated yes. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to affirm the PBLP Resolution approving Special Exception Petition 97-SE-11 to permit a pre-school at 1773 Morrill Street in the Residential, Multiple-Family (RMF)-4 Zone District. Mr. Lindsay asked if the language of the PBLP Resolution can be revised after approval by the Commission? Attorney Schenk stated yes. Commissioner Patterson stated that the intent of the motion is to affirm the PBLP Resolution including the revisions required by the PBLP and reviewed by the City Attorney's Office. Mayor Pillot asked if that is the intent of the seconder as well? Commissioner Cardamone stated yes. Mayor Pillot called for a vote on the motion to affirm the PBLP Resolution approving the Special Exception to permit a pre-school at 1773 Morrill Street in the Residential, Multiple-Family (RMF)-4 Zone District including language revisions to clarify the unified nature of the mixed-use site plan. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. B. Petition No. 97-SE-09 Mr. Lindsay stated that Petition No. 97-SE-09 is a request for a special exception filed in conjunction with Development Plan Review Petition No. 97-DPR-14, which if approved, would permit construction of an Eckerd Drug Store at the northwest corner of Myrtle Street and North Tamiami Trail in the North Trail (NT) Zone District; that the special exception will permit construction of the building near the rear of the property by allowing the parking lot to be located in the buildable area between the building facade and North Tamiami Trail; that the parking spaces will be located Close to the street on the east and south side of the parcel to eliminate traffic in the rear of the property adjacent to residential dwellings; that the PBLP found proposed Development Plan Review Petition 97-DPR-14 and Special Exception Petition No. 97-SE-09 consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommended Commission affirmation of the PBLP Resolution approving Special Exception Petition No. 97-SE-09. On motion of Vice Mayor Dupree and second of Commissioner Patterson, it was moved to affirm the PBLP Resolution approving Special Exception Petition No. 97-SE-09 permitting parking in the buildable area between the facade of the proposed Eckerd Drug Store and North Tamiami Trail on the property at the northwest corner of Myrtle Street and North Tamiami Trail in the North Trail (NT) Zone District. Commissioner Patterson asked if the installation of a blue barrel tile roof as recommended by the PBLP will be included as a condition if the PBLP Resolution approving Special Exception Petition No. 97-SE-09 is affirmed by the Commission? Mr. Taylor stated that the blue barrel tile roof is included as a condition in proposed Development Plan Review Petition 97-DPR-14; 5 that the stipulation is part of the site and development plan approval process. Commissioner Patterson asked if the Commission's affirmation of the PBLP Resolution will ensure the installation of a blue barrel tile roof on the Eckerd Drug Store? Mr. Taylor stated yes. Mayor Pillot called for a vote on the motion to affirm the PBLP Resolution approving Special Exception Petition No. 97-SE-09 permitting parking in the buildable area between the facade of the proposed Eckerd Drug Store and North Tamiami Trail on the property at the northwest corner of Myrtle Street and North Tamiami Trail in the North Trail (NT) Zone District. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4, 5, 6, 8, 9, AND 10 = APPROVED; REFERRED ITEM NO. 7 TO THE ADMINISTRATION TO ADDRESS THE CONCERNS OF NEIGHBORHOOD RESIDENTS REGARDING DESIGN AND PLACEMENT OF FOUR PROPOSED HOUSES ON PROPERTY AT THE CORNER OF FIFTH STREET AND EAST AVENUE (AGENDA ITEM III-A) #1 (0484) through (1743) Commissioner Patterson requested that Item Nos. 5 and 7 be removed for discussion. Vice Mayor Dupree requested that Item No. 6 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Quit Claim Deed between the City of Sarasota and the School Board of Sarasota County 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Loan Agreement between the City of Sarasota and the Community Redevelopment Agency to BOOK 42 Page 15220 09/15/97 6:00 P.M. BOOK 42 Page 15221 09/15/97 6:00 P.M. reimburse Theatre Associates, LTD, for the nine (9) pedestrian street lights along U.S. 301, from Main Street to the mid block driveway 3. Approval Re: Authorize the Administration to initiate contracts for claims administration and related services for workers compensation with Integrated Administrators, effective October 1, 1997 4. Approval Re: Authorize the Administration to initiate contracts for third party liability claims administration with Johns Eastern Company, effective October 1, 1997 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Addendum No. 1 to the Interlocal Agreement providing for the Cooperative Administration of City and County Housing and Community Development Programs 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Assignment of Restated Service Agreement between the City of Sarasota, Browning- Ferris Industries of Florida, Inc., and BFI Waste Systems of North America, Inc. 10. Approval Re: Authorize the execution a Conceptual Approval Agreement between the City of Sarasota and the Florida Communities Trust (FCT) for land acquisition to enhance the Hog Creek Habitat Restoration Project On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 8, 9, and 10. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. Approval Re: Authorize the Administration to initiate an alley vacation for the alley located on Central Avenue between Fourth and Fifth Streets Commissioner Patterson asked if City services such as garbage pick-up will be hindered by the alley vacation? Donald Hadsell, Director of Housing and Community Development, stated that the short alley located between two buildings is not used and no longer needed by the City. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item No. 5. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. Approval Re: Authorize the staff to advertise an amendment to the City's CDBG program to permit the renovation of the three houses at 1364, 1370 and 1376 Fifth Way Vice Mayor Dupree asked if the authorization to advertise an amendment to the Community Development Block Grant (CDBG) program applies exclusively to advertising the amendment to renovate the three houses at 1364, 1370, and 1376 Fifth Way or if the authorization will be applicable to advertising CDBG amendments regarding other City properties in the future? Mr. Hadsell stated that future development projects will require individual authorization from the Commission; that the authorization requested at this meeting applies exclusively to the advertising of an amendment to the CDBG program as related to the three houses at 1364, 1370, and 1376 Fifth Way. City Manager Sollenberger stated that ordinarily, the applicant initiates a request for a street vacation; however, the City is taking the lead in initiating the alley vacation to promote development in the Rosemary Redevelopment Area; that a public hearing process will follow. Commissioner Patterson asked if Item No. 6 is a request to use CDBG funds to advertise an amendment? Ms. Hadsell stated yes. Commissioner Patterson asked if Item No. 6 is related to an alley vacation? Mr. Hadsell stated no. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item No. 6. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. Approval Re: Grant three driveway easements across City-owned property at Fifth Street and East Avenue for development by the Hispanic American Alliance provided the Hispanic American Alliance and their successors agree to accept responsibility for the maintenance of the grass portion of the City-owned property Commissioner Patterson stated that Item No. 7 was removed for discussion in response to concerns expressed by a representative of the Park East Community Association. Mr. Hadsell displayed on the overhead projector slides of model houses on which the design of the four houses proposed for development at the corner of Fifth Street and East Avenue will be BOOK 42 Page 15222 09/15/97 6:00 P.M. BOOK 42 Page 15223 09/15/97 6:00 P.M. based and stated that the Hispanic American Alliance has an option on the property; that the original concept to purchase and rehabilitate one house and build on a vacant lot was. altered when the cost to rehabilitate the house was estimated at between $35,000 and $40,000; that the Hispanic American Alliance decided to demolish the existing house and rebuild. Mr. Hadsell continued that a large, old tree on the vacant lot will be saved; that the four proposed houses will be constructed of concrete block similar to those constructed by the Community Housing Corporation (CHC) in the Leon Avenue neighborhood; that another model house built by the City by a loan to the homeowner is located on Orange Avenue and 23rd Street. Mr. Hadsell further stated that the three driveway easements across the public right-of-way are requested to provide a portion of the parcel direct access to Fifth Street required to enable development of all four homes. Commissioner Patterson asked if the Hispanic American Alliance currently has a buildable property? Mr. Hadsell stated no. Commissioner Patterson stated that the City will be creating buildable property where none currently exists. Mr. Hadsell stated that the driveway easements will allow the Hispanic American Alliance to build two homes fronting on East Avenue. Commissioner Patterson asked if language could be included in the easement agreements to provide the city the ability to provide input on the design of the proposed houses and/or ensure the proposed houses are constructed based on the design models presented at this meeting? Mr. Hadsell stated yes; that the design models for the proposed houses are included in the application for State Housing Initiatives Partnership (SHIP) funds requested from Sarasota County by the Hispanic American Alliance. Commissioner Merrill asked to what extent the Park East Community Association has been involved in the process to develop the property at Fifth Street and East Avenue? Mr. Hadsell stated that the President of the Park East Community Association was called in early September, informed of the development proposal, and offered the opportunity to review the plans; that any further involvement by the neighborhood association is unknown. Commissioner Cardamone asked if any non-profit organization can request support from the City and/or County to develop low-income housing? Mr. Hadsell stated that funds from the State Housing Initiatives Partnership (SHIP) are used to develop lower-income housing throughout Sarasota County; that the funds are used by the Office of Housing and Community Development to provide down-payment assistance to lower-income families in the City and the County; that local governments are required to give 15 percent of all SHIP funds to nonprofit organizations such as the CHC; that the SHIP Program including the requirement to allow development of housing by non-profit organizations was presented to and accepted by the City Commission last year; that non-profit organizations are now able to buy land, construct homes, remodel existing dwellings, and sell the properties with a developer's fee to generate administrative funds; that the Office of Housing and Community Development is co-developing one project with Habitat for Humanity in the unincorporated area of the County and another project in Venice. Commissioner Cardamone asked if the proposed development of four houses at Fifth Street and East Avenue is the City's first experience with the SHIP program? Mr. Hadsell stated yes. Vice Mayor Dupree asked if any portion of the property other than the driveways will be paved to provide an extra parking area? Mr. Hadsell stated no; that a driveway leading from the street to the garage is the only paved area; that all of the proposed houses have one-vehicle garages. Commissioner Merrill stated that the houses shown in the slides all have two-vehicle garages; and asked if the proposed houses will be constructed based on the design models displayed in the slides? Mr. Hadsell stated yes; that the application filed by the Hispanic American Alliance with the County includes a commitment to base the design of the four proposed houses on the models displayed in the slides; that the contract between the County and the Hispanic American Alliance will specify the allowable designs. Commissioner Merrill asked if the City will be involved in any contractual agreements? Mr. Hadsell stated no; that the City's involvement is limited to the request for driveway easements requested by the Hispanic American Alliance. Commissioner Merrill stated that the design models displayed in the slides may not be built. BOOK 42 Page 15224 09/15/97 6:00 P.M. BOOK 42 Page 15225 09/15/97 6:00 P.M. Mr. Hadsell stated that the proposed houses must be built based on the design models absent an amendment to the contract by the County Commission; that the County will not agree to a project within the City without the City Manager's concurrence. Commissioner Merrill asked if the City Manager has final approval over the development plans? Mr. Hadsell stated yes. Commissioner Patterson asked if a contractual agreement between the City and the Hispanic American Alliance addressing the driveway easements could include the condition that the proposed houses will be constructed based on the design models presented to the Commission this evening? Attorney Schenk stated that a separate agreement between the City and the Hispanic American Alliance could state that the City Manager will approve the design of the four proposed houses in exchange for granting the driveway easements; that the agreement would be recorded with the easement deed. Commissioner Patterson stated that is acceptable. Sandy Vaughn, 2135 Fourth Street (34237), President, Park East Community Association, came before the Commission and stated that many of the houses in the East Sarasota neighborhood are older structures; that her house was built in 1917; that although the design models proposed for development at Fifth Street and East Avenue would be appropriate for a subdivision, East Sarasota is not a subdivision; that the Park East Community Association wishes to improve the neighborhood without changing its basic nature or ambiance. Ms. Vaughn distributed photographs of existing houses in East Sarasota and stated that although long-term maintenance costs prohibit the construction of wooden houses, stucco homes in harmony with the existing ambiance of the neighborhood can be designed; that designing a house with the garage and driveway in front sometimes results in vehicles parked all over the front yard; that the Park East Community Association is requesting the front yard be landscaped or the design reconfigured to ensure the driveway does not face the street. Ms. Vaughn continued that the Hispanic American Alliance is requesting three driveway easements; that two driveway easements currently exist; and asked if granting the three additional easements will bring the total to five driveway easements on one block? Mayor Pillot stated that a total of three driveway easements will be provided on the one block of Fifth Street. Mr. Hadsell returned to the Commission table and stated that two of the proposed houses will front East Avenue; that the Hispanic American Alliance is requesting the option to place the driveways for the other two proposed houses on Fifth Street rather than East Avenue. Ms. Vaughn distributed photographs of existing houses built by the Hispanic American Alliance and stated that the design of the houses is appropriate in other areas; however, the Park East Community Association desires that new development improve the neighborhood without changing the existing ambiance; that the Commission is requested to postpone Consent Agenda Item No. 7 and provide the Park East Community Association the opportunity to work with the Hispanic American Alliance regarding the design and siting of the houses on the property; that the houses will be financed with tax dollars. * Ms. Vaughn continued that density is a concern; that the Hispanic American Alliance wishes to construct two other houses on the corner of Ninth Street and East Avenue; that the Park East Community Association questions whether the houses will be sold to extended families. Commissioner Cardamone asked what is meant by extended family? Ms. Vaughn stated that many times, homes are occupied by grandparents, parents, uncles, aunts, etc., rather than the acceptable family unit composed of mother, father, and three or four children; that single-family homes appropriate for three or four people are sometimes occupied by ten or more. Commissioner Cardamone asked if the Hispanic American Alliance is advertising the proposed houses to extended families? Ms. Vaughn stated that the Hispanic American Alliance has made no public statement that the proposed houses will be sold to extended families; however, fifteen families have already been qualified to purchase the houses and the Park East Community Association does not know who the families are; that the Harvest Tabernacle Church has been extremely helpful in providing a place to hold neighborhood meetings; that communicating with people is difficult when different languages are spoken. Ms. Vaughn continued that the neighborhood association first heard of the proposal to develop four houses at Fifth Street and East Avenue when Mr. Hadsell telephoned on September 5, 1997; that postponing approval of Consent Agenda Item No. 7 will enable the Park East Community Association to review the development plans with the Hispanic American Alliance. Commissioner Cardamone stated that houses can be constructed from "Hardi Plank, 11 boards made of concrete and fiberglass which are BOOK 42 Page 15226 09/15/97 6:00 P.M. BOOK 42 Page 15227 09/15/97 6:00 P.M. fireproof, already primed for painting, and come with a 50-year warranty; that the outer walls of houses built with concrete boards on Leon Avenue look like wood siding and are sturdy and attractive. Ms. Vaughn stated that houses built using concrete boards as the outdoor siding walls would be acceptable. Commissioner Cardamone stated that a garage should not be the primary focus in front of the house. Ms. Vaughn stated that a porch or landscaping along the frontage should be added to prevent vehicles parking on the lawn. Mr. Hadsell stated that houses developed under the auspices of the Office of Housing and Community Development are constructed from concrete block rather than wood siding; that houses recently demolished in different areas of the city are virtually all wood-frame homes; that concrete block homes can be rehabilitated and saved; that wood-frame CHC houses built in the recent past on Seventh Street require repainting and ongoing maintenance; that lower-income individuals are struggling with a monthly mortgage payment and cannot afford to repaint; that Northern Trust Bank indicated that although wood-frame houses are more popular in North Carolina, concrete block and stucco houses are perceived as more valuable in the local market. Commissioner Cardamone stated that she disagrees that the local market perceives concrete block and stucco homes as more valuable than wood-frame homes. City Manager Sollenberger stated that the Administration originally recommended three driveway easements across the City-owned property at Fifth street and East Avenue should be granted to enable development by the Hispanic American Alliance; however, legitimate concerns have been expressed by the Park East Community Association; that approval should be postponed for two weeks to enable the City to meet with the Park East Community Association and the Hispanic American Alliance to reach a possible compromise regarding the design of the proposed houses; that a final recommendation will be returned to the Commission. City Manager Sollenberger continued that neighborhood associations should be notified at the beginning of the process when a proposal is presented to develop properties in a neighborhood; that building houses compatible to existing structures in older neighborhoods is a legitimate issue and should be discussed with neighborhood residents and the developer; that a concrete block house is preferable to a wood frame structure; that boards made of concrete and fiberglass in imitation of wood siding may be appropriate; that the City is trying to facilitate home ownership for lower-income people lacking the discretionary income necessary to repaint houses; that wooden structures often fall into disrepair. Mayor Pillot asked if Commission action regarding the three driveway easements at the corner of Fifth Street and East Avenue should be postponed to the October 6, 1997, regular Commission meeting? City Manager Sollenberger stated that the Administration will report back at either the next regular meeting or within 30 days. Ms. Vaughn returned to the Commission table and stated that she will be out of town during the next two weeks; and asked if the decision can be postponed for 30 days? Mr. Hadsell stated that the Hispanic American Alliance has an option on the property which expires on October 8, 1997. Mayor Pillot stated that the City lacks the ability to postpone the matter for 30 days. Commissioner Patterson stated that the houses displayed in the slides all feature a garage in the front; that today's urban designers suggest that homes designed with the garage on the front are not meighborhoa-trienaly, that the photographs presented by Ms. Vaughn are either homes with no garages, which is not acceptable, or homes with garages located in the rear of the parcel; that the width of the lots will determine if a garage can be located in the rear of the property; that approval of a variance permitting the structure to be built to the lot line may be appropriate. Commissioner Patterson continued that the Office of Housing and Community Development should present a redesigned development plan for Ms. Vaughn's review in two weeks; that other members of the Park East Community Association could substitute as advisors in her absence; that the Hispanic American Alliance should not lose the opportunity to develop the propertyi however, the concerns of the Park. East Community Association are valid. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to refer to the Administration the request by the Hispanic American Alliance that the City grant three driveway easements providing access to properties at the corner of Fifth Street and East Avenue and related concerns regarding design and placement of the houses on the property. Commissioner Cardamone stated that the Hispanic American Alliance should work with the Park East Community Association; that three years ago, the Park East Community Association contacted the Hispanic American Alliance in an attempt to include the Hispanic population in neighborhood activities; however, the Hispanic American Alliance has not developed a relationship with the BOOK 42 Page 15228 09/15/97 6:00 P.M. BOOK 42 Page 15229 09/15/97 6:00 P.M. neighborhood association; that the Hispanic American Alliance should provide neighborhood services or coordinate services requested by the Park East Community Association; that the two organizations should have a better relationship. Vice Mayor Dupree agreed. Mayor Pillot stated that although he has served for several years on the Board of Directors of the Hispanic American Alliance, the City Attorney has advised no conflict of interest exists due to the lack of any personal gain from the association; that the Hispanic American Alliance has occupied its headquarters on East Avenue a relatively short time; that although not publicized, budget cuts have reduced the administrative staff to two people; that the ability to accomplish the tasks required to assist both the Hispanic population and others seeking help has been drastically reduced; that the Hispanic American Alliance is eager to improve their relationship with the Park East Community Association if the necessary funding can be secured. Commissioner Merrill stated that the number of vehicles owned by families living in single-family homes has increased in the last 40 years; that the front yard has become the preferred parking place; that the proper locations to park vehicles on single-family properties should be specified in the City's codes. Commissioner Merrill continued that the four proposed houses at Fifth Street and East Avenue will require extensive detailed design work to achieve a style and character acceptable to the Park East Community Association; that although the desire by home buyers for a two-vehicle garage is understandable, garages are sometimes converted into living areas; and asked how many garages attached to houses constructed from public funds have been converted into living space? Mr. Hadsell stated that only one buyer of a house built by CHC with public funds has converted the garage into living space. Commissioner Merrill stated that two-vehicle garages are a desirable amenity; that redesigning the houses to construct the garage in the rear of the parcel will be expensive; that the expense will probably necessitate that the two-vehicle garages be constructed in the front of the houses. Commissioner Merrill continued that concrete block is considered a better construction material in the local market; that hurricane standards are more easily met and houses built with concrete block are easier to inspect than wood-frame houses; that a porch across the front of the house may provide an amenity in harmony with the existing ambiance of the neighborhood; that new houses constructed out of character with existing homes degrade neighborhoods. Commissioner Patterson stated that the motion should include the condition that the agreement regarding the driveway easements and the revised designs should be returned to the Commission after Ms. Vaughn has returned; that Ms. Vaughn should be enabled to determine if the revised plans at least partially meet the neighborhood's concerns; that the seller may be willing to extend the option based on the Commission's positive rather than negative attitude towards the development proposal. Mr. Hadsell stated that the possibility of extending the option will be explored; that the County Commission will be unable to hear the funding request to develop the four proposed houses until a decision regarding the driveway easements is made by the City Commission. Mayor Pillot stated that three weeks are available between this meeting and the next regular meeting on October 6, 1997. Mayor Pillot called for a vote on the motion to refer to the Administration the request by the Hispanic American Alliance that the City grant three driveway easements providing access to properties at the corner of Fifth Street and East Avenue and related concerns regarding design and placement of the houses on the property. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. CONSENT AGENDA NO. 2: ITEM NOS. 1 (RESOLUTION NO. 97R-1004) - ADOPTED; ITEM NO. 2 (RESOLUTION NO. 97R-1005) - ADOPTED; ITEM NO. 3 (RESOLUTION NO. 97R-1007) - ADOPTED; ITEM NO. 4 (RESOLUTION NO. 97R-1008) ADOPTED; ITEM NO. 5 (ORDINANCE NO. 97-4010) - ADOPTED; ITEM NO. 6 (ORDINANCE NO. 97-4012) - ADOPTED; AND ITEM NO. 7 (ORDINANCE NO. 97-4016) - ADOPTED (AGENDA ITEM III-B) #1 (1748) through (2012) Commissioner Patterson requested that Item No. 5 be removed to declare a conflict of interest. City Auditor and Clerk Robinson read proposed Resolution Nos. 97R-1007 and 97R-1008 in their entirety and proposed Resolution Nos. 97R-1004 and 97R-1005 and Ordinance Nos. 97-4010, 97-4012, and 97-4016 by title only. 1. Adoption Re: Proposed Resolution No. 97R-1004, authorizing the salaries of the City Manager and City Auditor and Clerk, effective October 1, 1997, determining amounts of Surety Bonds to be given; providing additional compensation for longevity; etc. (Title Only) BOOK 42 Page 15230 09/15/97 6:00 P.M. BOOK 42 Page 15231 09/15/97 6:00 P.M. 2. Adoption Re: Proposed Resolution No. 97R-1005, adopting the revised Position Classification/ Compensation Plan; authorizing employees, for whom collective bargaining is not required, except as provided herein, an increase in the base rate of pay as provided herein, effective October 1, 1997, authorizing the City Manager to continue to administer the Classification/compensation Plan requirements; providing additional compensation for longevity; etc. (Title Only) 3. Adoption Re: Proposed Resolution No. 97R-1007, amending Resolution 97R-986 adopted on June 2, 1997, which appropriated $10,000 from the General Fund Balance, by changing the funding source from the General Fund to the Fund Balance of the County Occupational License Tax, to partially fund the Florida House Foundation Strategic Development Initiative of a Community Based Plan for Economic Redevelopment for the Sarasota North Area; etc. 4. Adoption Re: Proposed Resolution No. 97R-1008, amending Resolution No. 97R-1003 adopted on September 3, 1997, by appropriating $30,030 from the Unappropriated Fund Balance of the General Fund, not the L.O.S.T. Fund, and to make a loan to the Community Redevelopment Trust Agency for the purpose of reimbursing Theatre Associates, LTD, for the installation of nine (9) pedestrian street lights along U.S. 301, from Main Street to the mid-block driveway; etc. 6. Adoption Re: Second reading of proposed Ordinance No. 97-4012, amending Chapter 37 of the Sarasota City Code, Water and Sewers, by creating a rate structure for reclaimed water consumed for the purpose of expanding, repairing, operating and maintaining the reclaimed water system of the City of Sarasota; providing for the severability of the parts hereof if declared invalid; providing for repealing ordinances in conflict; etc. (Title Only) 7. Adoption Re: Second reading of proposed Ordinance No. 97-4016, amending Chapter 32 of the Sarasota City Code, Taxation, Article II, Public Service Tax, by assessing interest and penalties for failure to pay an excise tax when due or file any required return; providing for the severability of the parts hereof if declared invalid; providing for repealing of ordinances in conflict; etc. (Title Only) On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 4, 6, and 7. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. Adoption Re: Second reading of proposed Ordinance No. 97-4010, to amend and restate Ordinance No. 96- 3923 pertaining to the rezoning of the subject site to the Commercial Residential Transition (CRT) Zone District; approving an amendment to the previously approved Development Plan 95-DPR-01 to incorporate open-air dining in connection with an existing restaurant on property currently zoned CRT as part of the Towles Court Project as more specifically depicted in Development Plan Petition 97-DPR-12; approving said Development Plan 97-DPR-12; setting forth conditions for the operation of the open-air dining facility; said development plan pertaining to property being located between Adams Lane, Links Avenue, Morrill Street and South Washington Boulevard, as more particularly described herein; etc. (Title Only) (Petition Nos. 97-CO-10 and 97-DPR- 12, Petitioner Russell Moore, Design Studios West, as agent for Beverly Hills Associates) Commissioner Patterson stated that her husband represents Design Studios West, agent for Beverly Hills Associates; therefore, she declares a conflict of interest and will not vote on this item. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to adopt Consent Agenda No. 2, Item No. 5. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yesi Patterson, abstained; Pillot, yes; Cardamone, yes. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes; however, no one has signed up to speak and no quasi-judicial public hearings have been scheduled, therefore, the oath does not have to be administered. 8. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 97R-1000, CERTIFYING TO THE COUNTY PROPERTY APPRAISER OF SARASOTA COUNTY THE RATES OF MILLAGE TO BE LEVIED BY THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997: ESTABLISHING THE GENERAL FUND OPERATING MILLAGE AT 3.1949 WHICH IS 8.18 PERCENT LOWER THAN THE ROLLED-BACK MILLAGE RATE OF 3.4796; ESTABLISHING THE DEBT SERVICE MILLAGE AT 1.0388; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-1-A) BOOK 42 Page 15232 09/15/97 6:00 P.M. BOOK 42 Page 15233 09/15/97 6:00 P.M. AND 9. SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4018, ADOPTING A BUDGET FOR THE CITY OF SARASOTA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING ON SEPTEMBER 30, 1998; SAID BUDGET TO INCLUDE THE GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUNDS ENTERPRISE FUNDS INTERNAL SERVICE FUNDS, THE CAPITAL IMPROVEMENT PLAN; : PROVIDING FOR CURRENT EXPENSES AND CAPITAL EXPENDITURES OF THE WATER AND SEWER UTILITY SYSTEM OF THE CITY OF SARASOTA, EACH BEING SPECIFICALLY IDENTIFIED HEREIN; ASSESSING AND LEVYING AD VALOREM TAXES FOR CALENDAR YEAR 1997: SPECIFYING THE AD VALOREM TAX MILLS TO BE LEVIED AND ASSESSED FOR PURPOSES OTHER THAN BONDED-DEBT SERVICE; SPECIFYING THE AD VALOREM TAX MILLS LEVIED AND ASSESSED FOR BONDED-DEBT SERVICE; MAKING APPROPRIATIONS FROM THE AD VALOREM TAX REVENUES COLLECTED; IDENTIFYING THE BUDGETS AND AMOUNT OF THE AD VALOREM TAX REVENUES WHICH ARE APPROPRIATED FOR THE PURPOSES ENUMERATED HEREIN; APPROPRIATING MISCELLANEOUS REVENUES AND SURPLUS REVENUES FOR THE PURPOSES STATED; INSTRUCTING THE FINANCE DIRECTOR TO KEEP ACCOUNTS s0O AS TO ASSURE THE PROPER UTILIZATION OF FUNDS APPROPRIATED TO A PARTICULAR USE OR PURPOSE; APPROPRIATING FUNDS FOR OTHER EXPENSES AND EXPENDITURES; : PROVIDING FOR THE DESIGNATION OF A RESERVATION OF FUND BALANCE FOR ENCUMBRANCES AND THE REAPPORTIONING OF FUNDS AT THE END OF FISCAL YEAR 1997-98; PROVIDING THAT A NET SURPLUS, AFTER REAPPORTIONING OF FUNDS, SHALL BE AVAILABLE FOR APPROPRIATION FOR THE ENSUING FISCAL YEAR; APPROPRIATING ALL FUNDS RECEIVED FROM THE STATE OR FEDERAL GOVERNMENT FOR USES AUTHORIZED BY APPLICABLE LAW: APPROPRIATING ALL MISCELLANEOUS REVENUES NOT OTHERWISE IDENTIFIED IN THIS ORDINANCE AND SURPLUS REVENUES FROM EACH REVENUE SOURCE FOR OPERATING EXPENSES OF THE CITY OF SARASOTA UP TO AND INCLUDING THE TOTAL AMOUNTS APPROPRIATED HEREBY OR AS MAY BE SUBSEQUENTLY PROVIDED BY THE CITY COMMISSION: RESTRICTING THE USE OF DEBT SERVICE TAXES ONLY FOR THE PURPOSES FOR WHICH APPROPRIATED INSTRUCTING THE FINANCE DIRECTOR TO PROCEED TO COLLECT ALL REVENUES DUE THE CITY OF SARASOTA, INCLUDING AD VALOREM TAXES LEVIED HEREBY AND INITIALLY COLLECTED BY THE TAX COLLECTOR FOR SARASOTA COUNTY, FLORIDA; AUTHORIZING THE FINANCE DIRECTOR TO PAY OUT MONIES COLLECTED PURSUANT TO THIS ORDINANCE FOR THE PURPOSES STATED; REQUIRING PAYMENTS ON WARRANT OF THE CITY AUDITOR AND CLERK, COUNTERSIGNED BY THE CITY MANAGER, WHEN REOUIRED BY THE CHARTER OF THE CITY OF SARASOTA; APPROPRIATING FUNDS RECEIVED FROM THE TREASURER OF THE UNITED STATES AND ANY BALANCE RE EMAINING AT THE END OF ANY FISCAL YEAR AS FUNDING UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-1-B) #1 (2022) through (2590) Gibson Mitchell, Director of Finance, came before the Commission and stated that this is the second required public hearing on proposed Ordinance No. 97-4018 which adopts the City of Sarasota Budget for Fiscal Year (FY) 1997/98; that proposed Resolution No. 97R-1000 certifies to the Property Appraiser and the Tax Collector the millage rates to be levied by the City of Sarasota for the fiscal year beginning October 1, 1997, and ending September 30, 1998, and must be read and adopted prior to the final reading and adoption of Ordinance No. 97-4018; that Resolution No. 97R-1000 certifies the following: Debt Service for 1990 0.7629 mill Refunding Bonds Debt Service for 1994 0.2759 mill Refunding Bonds General Fund Operation 3.1949 mills Total Millage 4.2337 mills Mr. Mitchell stated that the Truth in Millage (TRIM) Bill requires that the millage rate for ad valorem taxes be measured in terms of an increase or decrease from the rolled-back rate; that the rolled-back rate is the millage rate necessary to yield the same ad valorem tax revenue generated in FY 1996/97; that the preliminary certification of taxable value from the property appraiser is 3,072,674,536; that the rolled-back rate is 3.4796 mills; that the millage rate for the General Fund Budget, as proposed, is 3.1949, an 8.18 percent decrease from the rolled-back rate; that the 1997/98 General Fund Budget requires a decrease in current operating millage from 3.7105 mills to 3.1949 mills, a reduction of 13.9 percent; that this millage will yield a net ad valorem tax revenue for the General Fund of $8,934,975, a decrease of $789,935 in ad valorem taxes from the FY 1996/97 Budget; that the operating millage of 3.1949 mills is used to fund the following: City operations $2.1150 mills or $5,900,000 City contribution to County Fire Department 1.0799 mills or $3,020,215 Mr. Mitchell stated that the voted debt service millage is calculated at 1.0388, a 4.17 percent decrease from the current level of 1.084; that the total millage required to finance the Budget is 4.2337, a decrease of .0561 millage from last year's millage of 4.745; that the effect of the millage to the average taxable property in the City, estimated at $82,087 after the Homestead Exemption, would be a decrease in taxes of $46.03 or 11.7 percent; that the proposed millage rate of 3.1949 is a 8.18 percent decrease from the rolled-back rate of 3.796 mills. BOOK 42 Page 15234 09/15/97 6:00 P.M. BOOK 42 Page 15235 09/15/97 6:00 P.M. Mayor Pillot stated that the Finance Department did an excellent job in producing a clear, concise, thorough, and readable budget; that the quality of the Finance Department should be recognized and the public made aware of the efforts undertaken to present a budget which can be easily understood; that thanks and appreciation are expressed to the Finance Department. Mayor Pillot opened the public hearing. There was no one was signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 97R-1000 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 97R-1000. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 97R-1000. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 97-4018. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4018 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to adopt proposed Ordinance No. 97-4018. Commissioner Patterson stated that the Finance Department consistently produces a credible Budget presentation; however, an article in the Sarasota Herald-Tribune indicates the City is contributing over $3 million to assist with the County Fire Department's operating costs; that Mr. Mitchell echoed the newspaper's reportage when he stated that the City's funding of the Fire Department is being phased out; that City residents provide exactly the same annual funding as County residents; that the City dollars contributed by ad valorem millage are being phased out because the funds are an extra subsidy to the Countywide Fire Department in addition to the fire service fees paid by every property owner in the City; that the City's future fire service will not be free as may be interpreted by the tenor of the article in the Sarasota Herald-Tribune; that hopefully, the article did not mislead a great number of people; that Mr. Mitchell should clarify the $3 million contribution was an extra contribution which will no longer be paid by the City. Mayor Pillot stated that the $3 million contribution was included in the interlocal agreement at the time the Fire Department was consolidated. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to adopt proposed Ordinance No. 97-4018. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. 10. CITIZENS' INPUT CONCERNING CITY TOPICS: (AGENDA ITEM VI) #1 (2592) through (3230) The following person came before the Commission: : Lee Halstead, 2945 51st Street (34234) representing the Hispanic American Alliance, stated that the Hispanic American Alliance has an option on property at Fifth Street and East Avenue and is working with the Office of Housing and Community Development to develop four houses on the property; that three driveway easements across City-owned right-of-way on Fifth Street have been requested to enable the construction of the proposed houses; that nine families in the Sarasota Mobile Home Park (SMHP) have qualified to buy the houses which are priced $10,000 lower than market value; that the Hispanic American Alliance will develop an alternative plan to satisfy the Park East Community Association and neighborhood residents. Mr. Halstead continued that most prospective buyers desire a garage; that a garage must be built in the front of the house on small lots unless a setback variance is granted; that a variance allowing a five-foot setback on one side of the house and a Su 15-foot setback on the other would provide sufficient land for a driveway leading to a garage in the rear of the parcel; that the cost of a house with a detached garage is higher than one with an attached garage; that the house would be constructed without a garage which, in the future, could be added by the homeowner; that within two years, the Hispanic American Alliance intends to demolish deteriorating properties and develop 25 to 30 nice homes throughout East Sarasota. Vice Mayor Dupree stated that some contractors pave large sections of the yard, eliminating pervious areas necessary to facilitate stormwater drainage retention; that sometimes, several automobiles are parked on front lawns; and asked if any portion of the yard other than the driveway will be paved? Mr. Halstead stated no; that the Hispanic American Alliance intends to provide good, affordable housing; that services are not limited to Hispanics; that several white families and senior BOOK 42 Page 15236 09/15/97 6:00 P.M. BOOK 42 Page 15237 09/15/97 6:00 P.M. citizens currently residing in the Sarasota Mobile Home Park (SMHP) have qualified for lower-income housing planned by the Hispanic American Alliance; that impact fees are a major problem; that a fee of $5,700 is required before any construction begins; that waiving impact fees would facilitate development of homes for lower-income families. Mayor Pillot asked if credits carried over from demolished homes mitigate the impact fees? Mr. Halstead stated that he has never been able to qualify for carryover credits; that in the past, the credits were promised when a house was moved from a property; however, the credits were never provided; that carryover credits would be tremendously valuable. Commissioner Cardamone expressed appreciation to Mr. Halstead for promising to cooperate with the Park East Community Association and stated that 25 to 30 nice new homes will provide infill all over East Sarasota and complete the build-out of the neighborhood; that although the residents desire new housing, the ambiance of old neighborhoods featuring Florida bungalows should be maintained; that designing houses with large, two-vehicle garages in the front is a concern as the City cannot prevent subdivision of the garage into two bedrooms; that single-family homes could be converted into multiple-family residences; that side yard setbacks should be varied to allow separate construction of a garage in the rear of the property. Mr. Halstead stated that nice homes with small porches and other minor architectural amenities have been built on Eighth Street; that a driveway leading to a garage in the rear of the lot will be feasible if the houses are limited to 30 feet in width. Commissioner Cardamone asked if Staff could clarify carryover credits for impact fees? City Manager Sollenberger stated that new structures receive credits for impact fees if a structure previously occupying the property is demolished, i.e., a two-bedroom house, using 10,000 gallons of water and generating two vehicle trips per day is torn down and replaced with an apartment building using 100,000 gallons of water and generating eight vehicle trips per day; that the two-bedroom house may have paid an impact fee of $500 while the impact fee for the apartment building may be $20,000; that the $500 impact fee paid by the builder/owner of the small house would be credited to the builder/owner of the apartment building whose impact fee would be reduced to $19,500; that the Community Housing Corporation (CHC) has received carryover credits for water and sewer impact fees as well as credit for the number of units previously existing on the property; that the Office of Housing and Community Development will determine if the Hispanic American Alliance is eligible for carryover credits. Mr. Halstead stated that an excellent working relationship has developed between the Hispanic American Alliance and Whitehall Homes, Inc., which has provided great pricing for construction costs; that lower-income housing could be developed in other City neighborhoods; however, most of the prospective buyers wish to remain close to the Downtown Hispanic community. Commissioner Merrill stated that conversion of garages into living space is a concerni however, families require storage for toys and paraphernalia; that one-vehicle garages will provide space for storage and allow construction of porches on the facades of homes. Mr. Halstead stated that a garage is not necessary. Commissioner Merrill stated that omitting the garage would be a mistake as front yards would be littered with toys, bicycles, etc.; that families require storage and Florida homes have no basements; that opposing development of houses with attached one-vehicle garages would be a mistake. Commissioner Patterson stated that she will not vote for a house built without a garage; that lawnmowers and toys will be left all over the yard if sufficient storage space is not provided; that the houses should be constructed with a one-vehicle garage, as suggested by Commissioner Merrill, and the cost savings used to reconfigure the design and build the garage in the rear of the property; that building homes without a garage will not improve the neighborhood; that Commission approval of the driveway easements will be granted only if the Hispanic American Alliance ensures the final product will upgrade the neighborhood. Mr. Halstead stated that the properties will be completely finished and landscaped. 11. UNFINISHED BUSINESS: DISCUSSION RE: NEWTOWN CANAL STORMWATER PROJECT - APPROVED REÇOMMENDING TO COUNTY STAFF FOR PRESENTATION TO THE SARASOTA COUNTY BOARD OF COMMISSIONERS, THE PIPING OF NEWTOWN CANAL AS ORIGINALLY APPROVED EXCEPTING THE AREA BETWEEN THE EASTERLY RIGHT-OF-WAY OF GILLESPIE AVENUE AND WASHINGTON BOULEVARD, AND PROVIDING FOR EMERGENCY VEHICLE CROSS-OVERS AT OSPREY AND GILLESPIE AVENUES RIGHT-OF-WAYS (AGENDA ITEM VII-1) #1 (3232) through #2 (0159) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, displayed a map on the overhead projector indicating U.S. 301, 20th and 21st Streets, Osprey Avenue, and the Boys and Girls Club of Sarasota, Inc.; and stated that an BOOK 42 Page 15238 09/15/97 6:00 P.M. a BOOK 42 Page 15239 09/15/97 6:00 P.M. alternative proposal to piping the Newtown Canal was presented by J.P. Marchand, P.E., Deputy Transportation Director, Sarasota County Transportation Department, at the May 19, 1997, joint meeting between the Sarasota City Commission and the Sarasota Board of County Commissioners at which time the County Commission approved the alternative proposal to pursue a channel project; that at the June 16, 1997, regular meeting, the Commission voted to deny acceptance of the alternative proposal and to request the County to keep the commitment made in 1986 to pipe the entire Newtown Canal on 20th Street and Osprey Avenue in return for land provided by the City to the County for a stormwater retention pond necessary to complete the 17th Street Improvement Project. Mr. Daughters continued that Staff has since met with representatives of the City Police Department, County Fire/Rescue Department, and the Newtown Task Force to explore alternatives to present to the County; that the following two alternative projects were discussed at a meeting with County Staff: Alternative 1: Piping the entire length of Newtown Canal as originally promised; or Alternative 2: Piping Newtown Canal as originally designed but stopping at the easterly right-of way line of Gillespie Avenue. Mr. Daughters stated that all parties support the recommendation to pipe the Newtown Canal on 20th Street from the easterly right-of-way of Gillespie Avenue and continue north along Osprey Avenue to the point where the Newtown Canal has already been piped; that the entire section adjacent to the Boys and Girls Club will be piped; that the two Alternatives were discussed with Sandra Newell, P.E., Manager of the Sarasota County Stormwater Environmental Utility, who indicated Alternative 2 is more feasible. Mr. Daughters continued that two vehicular crossings providing access to public safety vehicles at Osprey and Gillespie Avenues will be constructed; that the crossing at Gillespie Avenue could be opened to the public in the future; that the City should recommend Alternative 2 to County Staff. Vice Mayor Dupree asked if the portion of the Newtown Canal along the northern half of Osprey Avenue and the entire length of 21st Street has already been piped. Mr. Daughters stated yes. Vice Mayor Dupree requested the specifics regarding the proposed piping along the "L"-shaped junction of Osprey Avenue and 20th Street. Mr. Daughters stated that a box culvert will be installed in the Newtown Canal, fill deposited over the box culvert, and a swale installed to meet SouthWest Florida Water Management District (SWFWMD) permitting requirements; that no wet stormwater retention pond along the "L"-shaped junction of Osprey Avenue and 20th Street will exist. Commissioner Cardamone asked if 20th Street is paved? Mr. Daughters stated no; that the roadways in the area are comprised primarily of the Newtown Canal. Commissioner Cardamone asked if the portion of 20th Street from the easterly right-of-way line of Gillespie Avenue to U.S. 301 is residential? Mr. Daughters stated no; that the eastern portion of 20th Street is a commercial zone district; that social problems of trash and people hiding in the Newtown Canal are prevalent in the residential districts along the western portion but barely exist along the commercial portion of 20th Street. Commissioner Cardamone asked if Alternative 2 is as acceptable a solution as the one promised to the community many years ago? Mr. Daughters stated yes; that in 1986, the City gave the County land on 17th Street for a stormwater retention pond in exchange for a commitment from the County to pipe the "L"-shaped portion of the Newtown Canal running along 20th Street from the easterly right-of-way line of Gillespie Avenue to Osprey Avenue and then north on Osprey Avenue to a point approximately halfway between 20th and 21st Streets. "Mr. Daughters continued that the City later requested the Newtown Canal along 20th Street between the easterly right-of-way line of Gillespie Avenue to U.S. 301 be piped; that the County agreed and later recommended that the portion of Newtown Canal running between 21st and 23rd Streets also should be piped; however, piping that section is a major problem requiring further study by the County; that Alternative 2 fulfills the County's original commitment to the City. Commissioner Patterson asked the location of the vehicular crossings? Mr. Daughter stated that vehicular crossings will be installed on Gillespie and Osprey Avenues where they cross 20th Street. BOOK 42 Page 15240 09/15/97 6:00 P.M. BOOK 42 Page 15241 09/15/97 6:00 P.M. Commissioner Patterson asked if a bridge to protect the pipe must be built? Mr. Daughter stated that the box culvert will be designed to carry vehicular loads. Commissioner Patterson asked why the vehicular crossings are limited to public safety vehicles? Mr. Daughters stated that the Osprey Avenue access leads virtually nowhere, crossing over into a public housing complex which already has multiple access points; that installing a public road over the vehicular crossing on Gillespie Avenue may be desirable as public safety and City service vehicles such as garbage trucks have difficulty accessing the adjacent residential neighborhood. Commissioner Patterson asked if the streets along which Newtown Canal will be piped are paved? Mr. Daughter stated no; that the commercial portion of 20th Street is partially paved. Vice Mayor Dupree asked if the portion of the Newtown Canal along 20th Street between the easterly right-of-way of Gillespie Street and U.S. 301 will be piped by the City? Mr. Daughter stated no; that the County is responsible for maintaining the Newtown Canal; that no section of the canal will be piped by the City. city Manager Sollenberger stated that the Administration recommends that the City recommend to County Staff for presentation to the Sarasota County Board of Commissioners, Alternative 2, the piping of Newtown Canal as originally approved with the exception of the area between the easterly right-of-way of Gillespie Avenue and U.S. 301, and providing for emergency vehicle cross-overs at the Osprey and Gillespie Avenues right-of- ways. Commissioner Patterson stated that the September 3, 1997, letter from Ms. Newell indicates the County will pipe the portion of the Newtown Canal from 21st to 23rd Streets if the bid is acceptable; that the County does not intend to pipe the portion of the Newtown Canal along 20th Street between the easterly right-of-way line of Gillespie Avenue and U.S. 301; and asked if the prioritization of projects by the County is supported? Mr. Daughters stated yes; that the Newtown Canal between 21st and 23rd Streets runs along a residential area; that portions of the Newtown Canal running close to houses should be piped before the commercial segment of 20th Street. Commissioner Patterson expressed appreciation to Staff and all other parties involved in resolving the problems hindering the piping of the Newtown Canal. Mr. Daughters stated that an amicable solution was reached by cooperative efforts between the Police and Fire/Rescue Departments, County Staff, and the City's Engineering Department Staff. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve recommending to County Staff for presentation to the Sarasota County Board of Commissioners, the piping of Newtown Canal as originally approved with the exception of the area between the easterly right-of-way of Gillespie Avenue and U.S. 301, and providing for emergency vehicle cross-overs at the Osprey and Gillespie Avenues right-of ways. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 12. UNFINISHED BUSINESS: APPROVAL RE: BAYFRONT PARKING PLAN - APPROVED: PROPOSED SIGNAGE FOR TWO-HOUR PARKING IN 64 SPACES IMMEDIATELY SOUTH OF THE MAIN STREET EXTENSION FROM NOVEMBER THROUGH APRIL AND UNLIMITED PARKING YEAR ROUND IN THE REMAINDER OF BAYFRONT PARK (AGENDA ITEM VII-2) #2 (0165) through (0229) Asim Mohammed, Assistant City Engineer, came before the Commission and stated that on June 16, 1997, the Commission directed Staff to reevaluate the Bayfront Parking Plan; that Staff determined permit parking should be eliminated altogether and most signs and posts abolished; that the following Bayfront Parking Plan was developed: 1. The existing two-hour restriction for the parking spaces along the rows of the pier and the Ringling Boulevard cul-de-sac will remain; 2. The 64 spaces immediately south of the Main Street extension will be restricted to two-hour parking from November through April with unlimited parking for the remaining portion of the year; and 3. The remainder of the spaces in Bayfront Park will provide unlimited parking year round. Mr. Mohammed stated that the new Bayfront Parking Plan is supported by the managements of Marina Jack and O'Leary's Sarasota Sailing School and the Downtown Association of Sarasota. Mayor Pillot stated that the management of Marina Jack telephoned this afternoon expressing support for the new Bayfront Parking Plan. BOOK 42 Page 15242 09/15/97 6:00 P.M. BOOK 42 Page 15243 09/15/97 6:00 P.M. City Manager Sollenberger stated that the Administration recommends approval of: 1) the proposed signage for two-hour parking in 64 spaces immediately south of the Main Street extension from November through April, and 2) unlimited parking year round in the remainder of Bayfront Park. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 13. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 97R-1006, AUTHORIZING A ONE PERCENT (1 PERCENT) INCREASE IN THE BASE RATE OF PAY FOR ACTIVE ELIGIBLE EMPLOYEES NOT REPRESENTED FOR COLLECTIVE BARGAINING AND RATED "MEETS EXPECTATIONS" DURING FISCAL YEAR 1996/1997 FOR PERFORMANCE EVALUATION PERIOD; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VIII-1) #21 (0232) through (0862) William Davenport, Director of Human Resources, came before the Commission and stated that proposed Resolution No. 97R-1006 authorizes a one-percent increase to all eligible non-represented employees rated as "Meets Expectations" under the Pay for Performance Plan during Fiscal Year (FY) 1996/97 who did not receive a merit increase in addition to the three-percent cost-of-living increase received in October 1996; that 35 to 40 employees rated as "Meets Expectations" based on a stringent performance evaluation system did not receive the merit increase. Mr. Davenport continued that employees who did not meet expectations did not receive any pay increase and either dramatically improved their performance or are no longer employed by the City; that non-represented employees who already received merit pay increases in addition to the cost-of-living increase will not receive the one-cent increase. Mr. Davenport further stated that a contract with the Teamsters Union granting represented employees a one-percent increase above the cost-of-living raise was approved by the Commission; that employees rated as "Meets Expectations" should receive the same pay increase as a matter of equity; that employees represented by the Teamsters Union, not required to meet the same stringent evaluation standards as non-represented employees, received the one-cent increase by virtue of membership in that bargaining unit. Mr. Davenport stated further that providing the one-cent increase to non-represented employees rated as "Meets Expectations" will cost approximately $21,000; that employees who have already received a merit raise above the three-percent, cost-of-living increase will not receive the additional one cent. Commissioner Patterson stated that all non-represented employees could have received a two- or three-percent merit increase above the cost-of-living increase; that specific performance standards were required; that some non-represented employees received a six-percent increase and others received a five-percent increase; that non-represented employees who did not meet expectations received neither cost-of-living nor merit increases; and asked if that is correct? Mr. Davenport stated that is correct. Commissioner Patterson asked how many people received no increase due to unacceptable performance levels? Mr. Davenport stated that six employees whose performance did not Ni improve after rated as "Unsatisfactory": received no increase and E are no longer employed by the City; that other non-represented : employees initially rated as "Unsatisfactory" received the three-percent, cost-of-living increase when their performance improved to the rating level of "Meets Expectations." Commissioner Patterson asked if all current City employees received a three-percent cost-of-living increase? Mr. Davenport stated yes. Commissioner Patterson stated that the September 4, 1997, memorandum from Mr. Davenport indicates employees receiving the four-percent increase work for or side-by-side with employees who received only three percent; and asked if the one-percent increase for the non-represented employees has been requested to provide equity? Mr. Davenport stated yes. Commissioner Patterson asked how employees represented by the Teamsters Union who received a four-percent increase are perceived to feel working side-by-side with employees who received increases of five or six percent? Mr. Davenport stated that represented employees probably feel the Teamsters Union should have negotiated for the membership's inclusion in a merit increase program; however, the opportunity to allow represented employees to be rated according to merit was declined by the Teamsters Union. Commissioner Patterson stated that the non-represented employees receiving only a three-percent raise were provided the opportunity, based upon merit ratings for performance, to qualify for a five- or six-percent raise; and asked if represented employees excluded from the merit system and unable to receive a five- or six-percent raise are affected by the same sense of BOOK 42 Page 15244 09/15/97 6:00 P.M. BOOK 42 Page 15245 09/15/97 6:00 P.M. inequity as non-represented employees who received an increase of three rather than four percent? Mr. Davenport stated that the increases negotiated between the Teamsters Union and the City are accepted by the represented employees. Commissioner Merrill asked if the employees represented by the Teamsters Union received only a three-percent raise? Mr. Davenport stated no; that represented employees who originally received three-percent cost-of-living increases were recently given an additional one percent, bringing the total increase to four percent. City Auditor and Clerk Robinson read proposed Resolution No. 97R-1006 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 97R-1006. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to adopt proposed Resolution No. 97R-1006. Commissioner Patterson stated that she will not support the resolution granting an additional one-percent raise to non-represented employees rated as "Meets Expectations" that she probably should not have voted one year ago to approve a "Pay for Performance Plan" restricted to a select group of employees, many of whom are supervisors or managers; that the merit rating system has created problems in union negotiations; that Mr. Davenport informed the Commission when the "Pay for Performance Plan" was first proposed that no union would ever accept a merit rating system. Commissioner Patterson continued that substantial hard feelings created by the disparity in increases resulted in an entire year of negotiation with the Police Benevolent Association (PBA) ; that the PBA felt that employees of the Police Department, excluded from the opportunity offered to one class of employees, should receive more than a three-percent, cost-of-living increase and requested an additional one percent to establish equity with employees eligible for five- or six- percent increases; that the Commission granted an additional one-percent increase to the members of the Police Department; however, the one-percent increase received by employees represented by the PBA does not compare to the two- or three-percent merit increases available to non-represented employees. Commissioner Patterson further stated that a one-percent increase was also granted to employees represented by the Teamsters Union to achieve equity with employees eligible for merit pay increases; that the Administration now recommends the Commission approve an additional one-percent increase to non-represented employees who, although provided the opportunity to qualify for a five- or six-percent increase by performing in an outstanding manner, did not do sO. Commissioner Patterson stated further that approval of a one-percent increase for employees whose performance did not merit increases for which they were eligible under the "Pay for Performance Plan" will create the same inequity which catalyzed the PBA's impassioned plea for an additional one-percent increase which was based upon the inequity of a select group of employees advantaged by a system unavailable to others; that the cycle will be triggered all over again. Commissioner Patterson continued that the Commission is conducting new negotiations with the PBA; that the negotiations will be negatively impacted if the Commission approves an additional one-percent raise to employees who did not qualify for merit increases even though the opportunity was provided; that a message will be sent that one special class of employees will receive minimum increases of four percent, with the opportunity to qualify for five- or six-percent increases; however, all employees represented by unions will be restricted to four percent without the same opportunity to receive five- or six-percent increases; that the unions probably misserved their constituency by rejecting participation in a "Pay for Performance Plan"; however, the Commission has no authority to oppose the unions' decision; that the unions would not remain in power without the support of the membership; that she cannot support reinitiating a process founded on a mistake made by the Commission one year ago. Commissioner Cardamone asked for clarification of the request to approve a one-percent increase for non-represented employees? City Manager Sollenberger stated that the Administration believes providing the additional one-percent increase to non-represented employees who received only three percent is equitable; that although provided the opportunity to compete for five- or six-percent increases, non-represented employees were required to meet pertormance standards to qualify for the three-percent, cost-of-living increase whereas membership in a union was the only qualification required for represented employees; that equity is a matter of judgment; that the Administration feels the recommendation is appropriate. Commissioner Cardamone asked if all City employees received a raise this year? City Manager Sollenberger stated yes; that employees represented by the Teamsters Union and the PBA received four-percent increases; BOOK 42 Page 15246 09/15/97 6:00 P.M. aA - BOOK 42 Page 15247 09/15/97 6:00 P.M. that some non-represented employees received five percent and some six percent; that 35 to 40 non-represented employees have received three-percent increases. Commissioner Cardamone asked if non-represented employees who received five- or six-percent increases will receive an additional one percent? City Manager Sollenberger stated no. Commissioner Cardamone stated that although she supported and was extremely enthused about the "Pay for Performance Plan, I the plan has obviously become a marked failure which never should have been approved. Vice Mayor Dupree asked if future union negotiations will be negatively impacted by Commission approval of the one-percent increase to non-represented employees? Mr. Davenport stated that each labor negotiation must stand on its own merits; that the City is not obligated to grant one group of employees exactly the same pay granted to another; that non-represented, private-sector employees are compensated on a varying pay scale based on merit and performance; that in the public sector, the Commission makes the ultimate decisions regarding pay rates and union negotiations; that decisions regarding one group should be disassociated from decisions regarding another; however, in reality, comparisons are made and benefits granted to one group of employees influence the granting of benefits to another. Commissioner Merrill stated that two different standards of equity exist; that one Commissioner believes the non-represented employees have already been provided sufficient equity by virtue of their ability to earn higher increases based upon performance; however, the majority of City employees will believe the Administration's decision to reverse the decision to implement the "Pay for Performance Plan" is more equitable. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt proposed Resolution No. 97R-1006. Motion carried (4 to 1): Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes; Cardamone, yes. 14. NEW BUSINESS: APPROVAL RE: ENDORSEMENT OF THE CONGESTION MANAGEMENT SYSTEM (CMS) PROJECT LIST FOR INCLUSION INTO THE MPO'S CONGESTION MANAGEMENT PROGRAM - APPROVED AS MODIFIED (AGENDA ITEM VIII-2) #2 (0865) through (2817) Asim Mohammed, Assistant City Engineer, and Philip Lieberman, Senior Planner, came before the Commission. Mr. Mohammed displayed slides on the overhead projector and stated that the Florida Department of Transportation (FDOT), under the Intermodal Surface Transportation Efficiency Act, (ISTEA) requires each Metropolitan Planning Organization (MPO) to identify and study congested corridors and develop a Congestion Management System (CMS) comprised of a list of projects addressing specific congestion problems; that the CMS project list will be included into the MPO's Congestion Management Program; that corrective measures for the corridors require modest capital expenditures, provide a high benefit-to-cost ratio, i.e., adding a lane at an intersection to relieve backed- up traffic and will receive special consideration for future funding from the MPO; that the following congested corridors or intersections have been identified for inclusion in the MPO's Congestion Management Program: 1. U.S. 41 at University Parkway Mr. Mohammed stated that vehicles turning right to go east on University Parkway are obstructed by through, northbound traffic on U.S. 41. Mr. Lieberman stated that adding a right-turn lane on U.S. 41 northbound approaching University Parkway will improve traffic flow from 10th Street to the north City limits and provide an acceptable level of service for the next 10 years. Commissioner Cardamone stated that congestion on U.S. 41 northbound to University Parkway extends for many blocks. Mr. Mohammed stated that over the next five years, the City's projects recommended for inclusion in the MPO's Congestion Management Program will be compared to congestion problems in other cities within the MPO area and prioritized for funding. Commissioner Cardamone asked if right-of-way must be purchased? Mr. Lieberman stated that the Sarasota-Bradenton Airport has been requested to transfer to the City a portion of the funds currently budgeted for a grade-separated interchange at U.S. 301 and University Parkway; that the funds will be used to construct a right-turn lane where U.S. 41 northbound approaches University Parkway. Vice Mayor Dupree asked the time frame to complete the right-turn lane? Mr. Mohammed stated that consulting studies will begin after the project is included in the MPO's Congestion Management Program; however, construction will not begin for five years. Mr. Lieberman stated that projects relieving congested corridors will be weighted higher than other projects and moved to the top BOOK 42 Page 15248 09/15/97 6:00 P.M. BOOK 42 Page 15249 09/15/97 6:00 P.M. of the FDOT's list to comply with ISTEA; that as Chairman of the Congestion Management Task Force, he and Alex Boudreau, Senior Civil Engineer, ensured the inclusion of many City projects in the Congestion Management Program. 2. 12th Street at Lockwood Ridge Road Mr. Mohammed stated that vehicles turning left to go north on Lockwood Ridge Road are obstructed by through, eastbound traffic on 12th Street. Mr. Lieberman stated that widening 12th Street and Lockwood Ridge Road to four lanes would be the best solution; however, in the interim, the turn bays should be lengthened and widened to accommodate the heavy volume of turning movements at the intersection; that the worst of the four turns in the intersection is the left turn from 12th Street to go southbound on Lockwood Ridge Road. Commissioner Merrill asked if the congestion displayed in the slide is typical or a worst-case scenario? Mr. Lieberman stated that the photograph for the slide was taken at 5:30 p.m. on a typical weekday. Mr. Mohammed stated that traffic during the tourist season will be much worse. Commissioner Merrill asked why traffic traveling south on Lockwood Ridge Road at 5 p.m. is considered a problem? Mr. Lieberman stated that turning left from 12th Street to go southbound on Lockwood Ridge Road is the least efficient of the four turns in the intersection; that traffic backed up beyond the length of the turn bay during a two-hour Eurning-movement count conducted one year ago. Commissioner Patterson stated that although the slide depicts a line of approximately ten cars, the congestion at other intersections in the city is much worse. Mr. Mohammed stated that the intersection at 12th Street and Lockwood Ridge Road is not one of the City's top priorities and will not be high on the CMS project list when the final priorities are established by the MPO. 3. Beneva at Fruitville Roads Mr. Mohammed stated that the traffic volume is tremendous and the accident count one of the highest in the City at the intersection of Beneva and Fruitville Roads; that vehicles turning right to go east on Fruitville Road towards Interstate-75 (I-75) are obstructed by through traffic on Beneva Road; that congestion sometimes extends to the railroad crossing. Mr. Lieberman stated that adding a northbound, exclusively right-turn lane will solve the problem. Commissioner Merrill stated that dual left-turn lanes from Beneva Road going west on Fruitville Road should be developed; that land on the north and south sides of Fruitville Road is government owned; that a great deal of traffic turning left to go south on Beneva Road is obstructed by through, westbound traffic on Fruitville Road. Commissioner Patterson asked who owns the land bordering the intersection? City Manager Sollenberger stated that the City owns the land on the northeast corner of Fruitville and Beneva Roads. Commissioner Merrill stated that the land on the southeast corner of Fruitville and Beneva Roads is owned by the FDOT. Mr. Mohammed stated that the City-owned land may be developed as a park. 4. U.S. 41 at Gulf Stream Avenue Mr. Mohammed stated that congestion is formed by westbound traffic from Fruitville Road turning left to go south on U.S. 41 and converging with southbound U.S. 41 traffic turning right on Gulf Stream Avenue traveling towards Longboat Key; that vehicles turning right on Gulf Stream Avenue are obstructed by through, southbound traffic. on U.S. 41 because the right lane is not long enough; that more vehicle storage will be provided if the right-turn lane is lengthened; that vehicles will move away from the through traffic and turn right onto Gulf Stream Avenue with ease; that the possibility of developing two right lanes was explored; however, existing cross-walks prohibit installation of two right lanes. Commissioner Patterson asked how the right-turn lane will be lengthened? Mr. Mohammed stated that the City is working with the FDOT to determine if lanes can be moved or redesigned as part of a future development on the John Ringling Towers property; that solving the problem will be difficult. Mr. Lieberman stated that installation of a video monitoring system has been proposed; that the timing mechanism would constantly adjust the traffic signal; that the traffic signal on BOOK 42 Page 15250 09/15/97 6:00 P.M. BOOK 42 Page 15251 09/15/97 6:00 P.M. U.S. 41 would remain green for a longer period of time when the drawbridge on the John Ringling Causeway Bridge is open. Commissioner Patterson asked the expected costs of a video monitoring system? Mr. Mohammed stated that installation of the equipment is the only cost. Commissioner Patterson asked if personnel must be hired to watch the video monitor? Mr. Mohammed stated that a City employee currently working in the traffic-control center monitors the timings, reviews reports regarding system failures, and ensures all problems are corrected; that installation of the video monitoring system will generate no additional personnel or maintenance costs. Commissioner Merrill stated that the slide displaying the intersection of U.S. 41 at Gulf Stream Avenue depicts incorrect information; and asked if the slide presentation will be presented to any other group? Mr. Mohammed stated no. 5. Osprey Avenue at Mound Street Mr. Mohammed stated that the City encourages southbound traffic to use U.S. 41 as capacity on Osprey Avenue south of McClellan Parkway is extremely limited. Mr. Lieberman stated that funding is available under the City's Infrastructure Surtax to construct dual left-turn lanes on Osprey Avenue and U.S. 41 to facilitate traffic trying to go south on U.S. 41; that the existing right-turn lane on U.S. 41 turning southbound onto Osprey Avenue could be changed into a right/through lane and an additional lane on U.S. 41 developed along the edge of the park bordering the Central Park Condominiums; that traffic volume would then increase on Mound Street and decrease on Osprey Avenue. Commissioner Patterson asked if a left-turn arrow exists for southbound traffic on Osprey Avenue turning south on U.S. 41? Mr. Mohammed stated that a left-turn lane exists; however, a left-turn signal does not. Commissioner Patterson stated that traffic trying to turn left to go south on U.S. 41 must wait until the end of the green signal; and asked if Staff could install a left-turn signal at Osprey Avenue and U.S. 41 as soon as possible to facilitate traffic going south on U.S. 41? Mr. Mohammed stated that a service request to install a left-turn signal at that location has already been requested by Staff. Commissioner Patterson asked the time frame for installation of the left-turn signal? Mr. Mohammed stated that the time frame is unknown; that a work schedule with the Streets, Landscape Maintenance and Solid Waste Manager will be coordinated. Commissioner Merrill stated that installation of a left-turn lane is supported; however, the intersection should not be widened; that the use of Osprey Avenue should be discouraged. Mr. Mohammed stated that the widening and installation of dual left-turn lanes on Orange Avenue encourages traffic to travel south on U.S. 41 rather than Orange Avenue. Commissioner Merrill stated that traffic is still encouraged to travel north off of U.S. 41 towards Downtown on Orange Avenue; that neither northbound nor southbound traffic should be encouraged on Osprey Avenue; that traffic should use U.S. 301. Commissioner Cardamone stated that some of the solutions presented this evening were originally recommended by the Transportation Advisory Board several years ago; that installation of a left-turn signal at Osprey Avenue and dual left-turn lanes from Orange Avenue to facilitate traffic going south on U.S. 41 was strongly recommended; that dual left-turn lanes on Osprey Avenue will alleviate congestion caused by personnel from the County Administration building leaving the City at the peak hours. Commissioner Cardamone continued that she served on the Transportation Advisory Board when U.S. 41 was widened at its junction with U.S. 301; that the Board strongly recommended using some of the parkland at that junction to straighten the curve in the roadway; that the Transportation Advisory Board was informed the parkland could not be used to facilitate road improvements. Mr. Mohammed stated that the FDOT frowns upon the use of parkland for road improvements. Commissioner Cardamone stated that straightening the curve in the road would solve many problems on U.S. 41; that the parkland is just a narrow strip of land lacking any real use as a park; that the curve, which appears to swing in the wrong direction, should be straightened out; that people will avoid using South Orange and Osprey Avenues if U.S. 41 is straightened. Commissioner Merrill stated that the curve provides a transition from U.S. 41 to U.S. 301 without requiring vehicles to make a sharp right turn. BOOK 42 Page 15252 09/15/97 6:00 P.M. - BOOK 42 Page 15253 09/15/97 6:00 P.M. Commissioner Cardamone stated that the Transportation Advisory Board believed that U.S. 41 would be more enticing to southbound drivers than Osprey Avenue if the curve were straightened. Commissioner Merrill stated that adding another lane to U.S. 41 by using a strip of the existing parkland at the junction with U.S. 301 would be supported; however, Osprey Avenue should not be made more attractive to traffic. Commissioner Cardamone stated that a traffic study should be conducted to determine the point of origin of vehicles using Osprey Avenue; that the spaces at the County Administration Building parking lot are all on the wrong side of Ringling Boulevard; that reconfiguring the County's parking lot may reroute County employees away from Morrill Street and Osprey Avenue. Commissioner Patterson asked where the vehicles would go? Commissioner Cardamone stated the answer is unknown. Mr. Mohammed stated that the options are limited; that U.S. 301 is congested from Ringling Boulevard to U.S. 41 in the late afternoon; that Osprey and Orange Avenues and U.S. 41 are the only other roads going south from Downtown. 6. Bahia Vista Street at U.S. 41 Mr. Mohammed stated that vehicles turning right to go north on U.S. 41 are obstructed by through, westbound traffic on Bahia Vista Street; that substantial right-of-way on Bahia Vista Street to extend the right lane is available. Mr. Lieberman stated that U.S. 41 is the only congested intersection on the Bahia Vista Street corridor from U.S. 41 to Tuttle Road; that lengthening the right lane at U.S. 41 will eliminate the only service problem on Bahia Vista Street. Commissioner Merrill asked if the project list could specify that congestion is limited to the intersection at U.S. 41 rather than the corridor of Bahia Vista Street when the Congestion Management Plan is presented to the MPO? Mr. Mohammed stated yes. Commissioner Cardamone stated that conditions for neighborhood residents living west of U.S. 41 have been greatly improved by the dual, left-turn lanes for vehicles traveling westbound on Bahia Vista Street and U.S. 41. 7. Beneva Road at Bahia Vista Street Mr. Mohammed stated that northbound traffic at the left-turn lane on Beneva Road turning to go west on Bahia Vista Street becomes congested; that moving the concrete separator and lengthening the left-turn lane would solve the problem. 8. Siesta Drive at Osprey Avenue Mr. Mohammed stated that congestion is caused by the enormous volume of vehicles coming from Siesta Key on Siesta Drive trying to go left on Osprey Avenue, right to Bay Road, and straight across Osprey Avenue to U.S. 41 as well as northbound vehicles on Osprey Avenue trying to turn left to go to the beach; that the problem is exacerbated during the tourist season. Mr. Mohammed continued that a two-way, left-turning center lane will be installed on Osprey Avenue from Siesta Drive to the end of Bay Road to facilitate turning movements into the Paradise Plaza; that traffic from Siesta Key must sit interminably at Osprey Avenue and U.S. 41 as the east/west traffic signals are not coordinated; that north/south traffic signals are coordinated; however, a different technology must be implemented to coordinate the east/west traffic lights. Commissioner Patterson stated that new technology is being developed faster than the City can install technology previously approved by the Commission. Mr. Mohammed stated that the right-turn lane on Bay Road will be lengthened for traffic turning right to go south on U.S. 41; that Osprey Avenue and Siesta Drive cannot be widened; that major employers such as the Sarasota Memorial Hospital could be requested to initiate employee van-pooling. Mr. Lieberman stated that Mr. Mohammed has been designing an Intelligent Transportation System at the MPO; that the City is designing the prototype for an advanced traveler information system covering all the keys from South Siesta Key to Anna Maria Island; that drivers will be apprised by the Internet, television, radio, etc., of congestion on all bridge crossings to allow adjustments in travel plans. Commissioner Patterson stated that the Intelligent Transportation System would only work if available on the vehicle radio. Mr. Mohammed stated that pre-trip travel information will be provided; that as an example, live picture shots of traffic conditions on most roads in Los Angeles, California, are available on the Internet. 9. Siesta Drive going towards the North Bridge Mr. Mohammed stated that traffic traveling west on Siesta Drive from Osprey Avenue is blocked by vehicles turning left onto side BOOK 42 Page 15254 09/15/97 6:00 P.M. BOOK 42 Page 15255 09/15/97 6:00 P.M. streets; that space to maneuver around the waiting vehicles does not exist. Commissioner Patterson stated that congestion caused by eastbound vehicles on Siesta Drive turning left on Osprey Avenue is worse. Mr. Mohammed stated that a two-way, left-turning center lane on Siesta Drive west of Osprey Avenue will facilitate the flow of traffic around vehicles turning left onto the side streets. Commissioner Patterson asked if a crash lane on Siesta Drive from Osprey Avenue to the North Siesta Bridge is proposed? Mr. Mohammed stated yes. Commissioner Patterson asked if accidents will increase? Mr. Mohammed stated no; that an equal number of curb cuts on each side of Siesta Drive do not exist; that a two-way, left-turning center lane is not a problem as Old Oak Drive and Camino Real are the only two roads accessing Siesta Drive on the north side. Commissioner Patterson asked if Siesta Drive is wide enough to accommodate a two-way, left-turning center lane? Mr. Mohammed stated that a small amount of paving may be required; however, additional right-of-way is not required. Commissioner Patterson stated that westbound traffic obstructed by vehicles waiting to turn left into side streets is not as serious a problem as the congestion going east on Siesta Drive to Osprey Avenue; that traffic is sometimes backed up sO far that the North Siesta Bridge cannot be opened; that the two-way, left-turning center lane recommended for inclusion in the MPO's Congestion Management Program will cost $800,000; that the relatively inexpensive lengthening of the current left-turn lane will alleviate the congestion on the west side of Siesta Drive at Osprey Avenue. Mr. Mohammed stated that the two-way, left-turning center lane will alleviate traffic in both directions on Siesta Drive; that the center lane can be used as storage. Commissioner Patterson stated that less ambitious projects may produce relief more rapidly. Commissioner Cardamone asked where bicyclists will ride? Mr. Mohammed stated that two alternate plans could be developed if sufficient right-of-way for bicycle lanes is unavailable; that bicyclists traveling from Siesta Key could use Old Oak and Shoreland Drives to reach and travel north on Osprey Avenue or Tangier Terrace to reach and travel east on Bay Road. Commissioner Cardamone stated that the bicycle lanes could be marked; that bicycling on side streets through neighborhoods will probably be more pleasant. Commissioner Patterson stated that lengthening the existing left-turn lane on the west side of Siesta Drive at Osprey Avenue would alleviate congestion and eliminate only a short section of the existing bicycle path on Siesta Drive. Commissioner Merrill stated that a two-way, left-turning center lane is not supported; that widening the road is not beneficial for the neighborhood. Commissioner Patterson stated that no relief will be provided for traffic coming off Siesta Key by a two-way, left-turning crash lane. Mr. Mohammed stated that the center lane can be used to store vehicles traveling east on Siesta Drive to Osprey Avenue. Commissioner Patterson stated that getting from Siesta Key to anywhere is a more critical problem than traffic problems in the opposite direction. Mr. Mohammed stated that the FDOT will be requested to consider the possibility of lengthening the left-turn lane. Commissioner Merrill stated that intersection improvements should be the focus rather than roadway improvements. Vice Mayor Dupree stated that most of the congestion problems addressed are either moving southeast or west; that no congestion problems in the north side of the City have been addressed; that making turning movements on Washington Boulevard is difficult; that westbound traffic on Fruitville Road to U.S. 41 creates tremendous congestion; that through traffic to the Quay or vehicles turning right or left on U.S. 41 are backed up for blocks. Mr. Lieberman stated that congestion on Fruitville Road at U.S. 41 requires further study; that the intersection did not pass the initial screening for an "E" or "F" level of service and was rated at a "D" level of service; however, Staff will study the problem. Commissioner Cardamone stated that Staff is requested to study congestion at the intersection of U.S. 301 and Main Street; that northbound vehicles turning left onto Main Street from U.S. 301 are creating major congestion. BOOK 42 Page 15256 09/15/97 6:00 P.M. BOOK 42 Page 15257 09/15/97 6:00 P.M. Mr. Mohammed stated that the City is working with the Police Department and the management of the Hollywood 20 Theater Complex to address the congestion; that valet parking at the theater and the way the parking garage circulation works are causing part of the problem; that the traffic movements at the intersection will be studied after the problems at the theater are addressed. Mr. Mohammed continued that endorsement by the Commission is necessary to include the projects on the official list when they are brought before the MPO Board on September 22, 1997. City Manager Sollenberger stated that the Administration recommends receiving the Staff presentation and endorsing the Congestion Management System (CMS) project list for inclusion in the MPO's Congestion Management Program as modified; that the Commission will be provided a copy of the report to be presented to the MPO. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation with the appropriate changes based on this evening's discussion. Commissioner Merrill stated that vehicles traveling west on Fruitville Road from I-75 must sometimes wait through two signal cycles at the intersection with U.S. 301; and asked if traffic congestion on Fruitville Road at U.S. 301 can be alleviated? Mr. Mohammed stated that the adjusting the timing of the traffic signals may solve the problem. Mr. Lieberman stated that many existing problems will be relieved when other projects on the MPO's project list such as the widening of Lime Avenue and the six-laning of U.S. 301 between 10th Street and north City limits are completed. Commissioner Merrill asked if the widening of Lime Avenue is on the MPO's current project list? Mr. Mohammed stated no; that the project is not scheduled in the foreseeable future. Mayor Pillot stated that the information presented was extremely valuable. Mayor Pillot called for the vote on the motion to receive the Staff presentation and endorse the Congestion Management System (CMS) project list for inclusion in the MPO's Congestion Management Program as modified. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 97R-1010, AMENDING THE CITY'S FORMAL RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS, ADOPTED BY RESOLUTION NO. 96R- 959, TO REVISE THE RULES PERTAINING TO THE SEATING ARRANGEMENT OF THE COMMISSION, SPEAKING BY COMMISSIONERS, AND GENERAL SPEAKING; ETC., - APPROVED WITH PROVISION THAT THE CITY AUDITOR AND CLERK WILL PURCHASE AND INSTALL A SIGNAL LIGHT DEVICE TO IDENTIFY THE ORDER THE MAYOR WILL RECOGNIZE COMMISSIONERS WISHING TO SPEAK (AGENDA ITEM VIII-3) #2 (2815) through #3 (0197) City Auditor and Clerk Robinson stated that at the September 9, 1997, Commission workshop meeting regarding parliamentary procedure, consensus was reached to return the following revisions to the formal Rules of Procedure for adoption: 1. Allow more flexibility in the seating of Commissioners. City Auditor and Clerk Robinson stated that the Rules of Procedure have been revised to indicate the Vice Mayor sits to the right of the Mayor and the Mayor determines the seating for the remaining three Commissioners. 2. Provide each Commissioner a one-time, two-minute opportunity to speak to an item following questions and prior to a motion. City Auditor and Clerk Robinson stated that the Commissioners should try to observe the two-minute maximum until a signal timing device can be installed at the Commission table; that the need for the City Auditor and Clerk to time each Commissioner should be avoided. 3. Limit public input on all items including Citizens - Input to three rather than five minutes excepting public input during public hearings to remain at five minutes. City Auditor and Clerk Robinson stated that each of the changes are reflected in the Rules of Procedures with strike-throughs and highlighting. City Auditor and Clerk Robinson read proposed Resolution No. 97R-1010 by title only. City Manager Sollenberger stated that the Administration recommends adopting Resolution No. 97R-1010. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt Resolution No. 97R-1010. BOOK 42 Page 15258 09/15/97 6:00 P.M. BOOK 42 Page 15259 09/15/97 6:00 P.M. Commissioner Merrill stated that purchase of a signal light device to identify Commissioners wishing to speak is supported; and asked if Commission consensus is required? City Auditor and Clerk Robinson stated that although consensus to purchase a signal light device was reached during the September 9, 1997, workshop, the consensus should be reaffirmed. Commissioner Cardamone stated that many changes to the Commission Chambers are required. Commissioner Merrill stated that major changes are not supported; that the existing Commission table should remain; however, an inexpensive signal light system could be installed. Commissioner Patterson stated that the local media reported the City Commissioners will be limiting themselves to speaking for two-minutes at all times; that several constituents telephoned to inquire why a deliberative body entrusted to make decisions for the community would limit their speaking time to two minutes; that page 4, Item D, the section of the Rules of Procedure addressing Commissioners' speaking time, should be revised to state: .there shall be no limit to the number of times a Commissioner may speak to the motion without time limit;. Commissioner Patterson stated that at the September 9, 1997, workshop, consensus was reached that Commissioners should be provided unlimited speaking time after a motion is on the floor; and asked the section in the Rules of Procedures in which the rule limiting scheduled presentations to seven minutes is written? City Auditor and Clerk Robinson stated that the rule is on page 2, Item C. Commissioner Patterson stated that the time allowed for public input will be reduced from five to three minutes; that the Commission should determine if the seven-minute time limit for scheduled presentations should be reduced; that the Commissioners can discipline themselves without a signal light at the Commission table; that she will vote against the signal light device. Commissioner Merrill stated that the signal light device will not be used to time the speakers but will help the Mayor keep track of the order in which Commissioners have requested to speak. Commissioner Cardamone stated that Commissioners should govern themselves during the two-minute time limit allowed to address an item before a motion is made; and asked for clarification regarding the signal light device. City Auditor and Clerk Robinson stated that an unobtrusive signal light device would be installed behind small panels such as nameplates; that the people in the audience would not see the lights. Commissioner Patterson asked for further clarification? City Auditor and Clerk Robinson stated that each Commissioner's name will be indicated beside a light; that the signal light device stacks the order in which the Commissioners have requested to speak. Commissioner Patterson stated that she will not vote for the signal light device; that each of the Commissioners should keep track of who has spoken without creating hard feelings at the table. Commissioner Merrill stated that the current method for determining the proper order in which Commissioners should be recognized is not working; that the more aggressive Commissioners speak up whenever a lull in the conversation is reached; that Roberts Rules of Order clearly states the Chairman is supposed to wait until after a person has finished speaking before recognizing someone else simply because they have pushed their hand out; that pushing a hand out aggressively is considered rude; that the Commissioner pushing his/her hand out most aggressively is the one who is being recognized. Commissioner Merrill continued that the Chairman should write down the names of Commissioners in the order in which they speak; that the right to speak is supposed to be rotated; that the signal light device will facilitate the Chairman's job; that the Chairman will not have to write the names of speakers to maintain the order of rotation; that a Commissioner wishing to be recognized may not care to push out his/her hand before the current speaker is finished; that knowing when a speaker is finished is extremely difficult; that when a lull occurs, the most aggressive people speak again ahead of those who have not yet spoken to the issue. Commissioner Cardamone stated that Commissioner Merrill was aggressive this evening. Commissioner Merrill stated that the issue of the signal light device is important; that he would like to be recognized at Commission meetings without having to push his hand out. Vice Mayor Dupree agreed. BOOK 42 Page 15260 09/15/97 6:00 P.M. BOOK 42 Page 15261 09/15/97 6:00 P.M. Commissioner Merrill stated that a Commissioner with a comment to make regarding an issue of importance should be recognized in an order of rotation without having to fight for recognition; that under Roberts Rules of Order, a Board member should not have to fight for the right to speak as the Chairman should be rotating the order the members speak; that a Board member does not have the right to speak a second time until each member wishing to comment on the issue has been provided the opportunity to do so. Commissioner Merrill continued that the signal light device will eliminate the need for Commissioners to aggressively demand the floor, relieves the Chairman from having to keep track of the order of speakers, and will be totally unobtrusive. Commissioner Merrill further stated that the problem of Commissioners not being provided equal time to speak was raised at a previous meeting; that the problem was not subsequently resolved; that some Commissioners do not step forward as fast as others; that the signal light device would make a difference. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to amend the motion to direct the City Auditor and Clerk to purchase and install a signal light device to identify the order in which Commissioners wishing to speak should be recognized by the Mayor. Commissioner Patterson stated that the Mayor's position regarding the amendment to purchase and install a signal light device will be supported; and asked for clarification of Mayor Pillot's position? Mayor Pillot stated that the amendment to purchase a signal light device for the Commission table will be supported. Mayor Pillot called for a vote on the amendment to the motion requiring the City Auditor and Clerk to purchase and install a signal light device to identify the order in which Commissioners wishing to speak should be recognized by the Mayor. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot called for a vote on the motion to approve Resolution No. 97R-1010 with the provision that the City Auditor and Clerk will purchase and install a signal light device to identify the order in which Commissioners wishing to speak should be recognized by the Mayor. City Auditor and Clerk Robinson asked if timing devices should be investigated? Commissioner Merrill stated that the County uses an electrical device to time public speakers; however, the personal touch of the City Auditor and Clerk timing the public speakers is preferred. Mayor Pillot stated that Commissioners should exercise self-discipline to maintain the two-minute time limit allowed to address an issue before a motion is placed on the table; that a signal light device will enable the Chairman to call on Commissioners in a reasonable order of rotation after the motion is made; that the signal light device will provide a solution to the existing problem of some Commissioners speaking a second time before each Commissioner has had the opportunity to speak to the question. Commissioner Cardamone stated that a serious problem is not perceived; that the amended motion to change the Rules of Procedures will be supported; however, disagreement exists as to the necessity of implementing Roberts Rules of Order to an extreme degree. Commissioner Merrill stated that is an exaggeration of his position; that Roberts Rules of Order allows a great deal of flexibility. Commissioner Patterson stated that hard feelings should not exist; that Commissioners should be accommodated; that the Commission cannot function properly if the feeling exists that one Commissioner is intruding on another's right to speak; that earlier this evening, Commissioner Merrill seconded a recommendation she was introducing on an issue while the matter was still under discussion; that the interruption was disconcerting; that consideration should be extended to all membbers of the Commission. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to approve Resolution No. 97R-1010 with the amendment that the City Auditor and Clerk will purchase and install a signal light system to identify the order in which Commissioners wishing to speak should be recognized by the Mayor. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 16. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REQUESTED: REPORT FROM SARASOTA COUNTY SHERIFF'S OFFICE REGARDING PUBLIC SPECTRUM AVAILABLE FOR 800 MEGAHERTZ SYSTEM: REPORT FROM FDOT REGARDING TRAFFIC SIGNAL POLES: ADMINISTRATION TO REQUIRE FDOT TO ACCEPT RESPONSIBILITY FOR OAK TREES ON OSPREY AVENUE NEAR BAY ROAD; (AGENDA ITEM X) #3 (0199) through (1061) BOOK 42 Page 15262 09/15/97 6:00 P.M. BOOK 42 Page 15263 09/15/97 6:00 P.M. COMMISSIONER CARDAMONE: A. stated that community interest in the Newtown Task Force has increased; that recently, at least 20 neighborhood residents attended a recent meeting of the Task Force; that the Task Force was advised of the many good projects such as the Mission Harbor development to be implemented in the North Sarasota neighborhoods. B. stated that during the Budget workshops, Staff was requested to prepare a report regarding Fire Fees levied by Sarasota County; that the report does not indicate whether the City anticipated increases in the first few years the city and County Fire Departments were consolidated; that the Fire Fee for her residence increased by $20; that the County is proposing a 20-percent increase in Fire Fees on commercial uses; that a high concentration of commercial uses exist in the City; that extremely high Fire Fees have been levied on an apartment complex located on North Tamiami Trail; and asked if increases for residential and commercial properties were anticipated by the City? City Manager Sollenberger stated that the City anticipated some form of increase; however, no specifics were provided by the County; that the cost to fund the Fire Department would have been far in excess of the $4 million in Fire Fees levied on City properties if consolidation with the County had not occurred; that the County apprised the City that the Fire Fees would have to increase if development in the City remained static. Commissioner Cardamone asked if the City can protest the Fire Fee increases at a meeting of the Sarasota Board of County Commissioners or at least protest an fee increase of 20 percent on commercial properties in the first year of consolidation. City Manager Sollenberger stated that the interlocal agreement regarding consolidation of the City and County Fire Departments indicates the City and County agree that Fire Fees in the City will be uniform with the unincorporated areas except for distant areas such as Myakka where the level of service is much lower; that Fire Fees levied on City and County properties within the urbanized areas are uniform; that no differentiation between City and County property owners has been made. Commissioner Cardamone stated that a 20-percent increase so soon after consolidation is exorbitant. City Manager Sollenberger stated that Staff never anticipated a 20-percent increase for commercial properties. previously voted to allocate most of the available public spectrum to private entities such as televisions stations; that the National League of Cities has requested that each member city prepare a report assessing local public safety needs; that the report will be presented to Congress in an effort to ensure a sufficient amount of public spectrum is available for the public use; and asked for a status report? City Manager Sollenberger stated that the Police Chief contacted the Sarasota County Sheriff's Office which manages the 800 MHz conversion system and requested answers to the questions regarding the lack of public spectrum; that the City is waiting for a response. Commissioner Patterson asked if the Police Chief would contact the Sheriff's Office again to expedite the report. John Lewis, Chief of Police, came before the Commission and stated that the Sheriff's Office would be contacted again. Commissioner Patterson stated that the issue is an immediate priority and must be addressed as soon as the U.S. Congress reconvenes. B. stated that on the September 15, 1997, the Sarasota Herald-Tribune published an interesting article by columnist Neil Peirce regarding the recent defeat of a referendum regarding the consolidation of the City of Miami with Dade County. C. stated that a report regarding the maintenance for traffic signal poles on U.S. 41 was previously requested; that the paint on the poles is peeling just five years after installation by the Florida Department of Transportation (FDOT); that a memorandum from David Twiddy, District One Secretary, Florida Department of Transportation (FDOT), indicates the problem must be addressed by the City; however, the City should not accept the responsibility; that the issue should be addressed at the Metropolitan Planning Organization (MPO) if Sarasota and Manatee Counties, and Bradenton are also facing similar problems with the FDOT; that an existing agreement with the FDOT states the jurisdictions in which the traffic signal poles are located are responsible for maintenance; however, the poles installed by the FDOT require enormously expensive mai intenance within five years. city Manager Sollenberger stated that Staff has contacted other jurisdictions regarding the problem; that a report will be returned. BOOK 42 Page 15266 09/15/97 6:00 P.M. BOOK 42 Page 15267 09/15/97 6:00 P.M. D. stated that the FDOT is apparently proceeding on the project to reconstruct Osprey Avenue south of Siesta Drive as originally designed; that the only concession made by the FDOT is that the endangered oak trees in the right-of way will be trimmed only when absolutely necessary and to the degree required by the State's height standards; however, the viability of the oak trees could be destroyed if the trimming is more extreme than currently anticipated; that trees sometimes die after being trimmed; that the decision by FDOT to trim rather than remove the oak trees places the City or property owners abutting the right-of-way on which the oak trees are located in a position of having to pay the costs if removal of the trees is required in the future. Commissioner Patterson continued that the FDOT originally intended to remove the oak trees; that she is a partial owner of one of the properties; that neither the City nor the property owners abutting the right-of-way on which the oak trees are located should be required to pay for the removal of trees which may die in the future as an unintended consequence of the FDOT's trimming; that excessive trimming may also result in the oak trees becoming unsightly and requiring removal on aesthetic grounds; that Ellen Maloff of ReLeaf of Sarasota County has submitted a $2,000 estimate from a certified arborist to perform deep-root feeding and pruning necessary to minimize damage to the oak trees; that the expenditure would not be inappropriate; that the oak trees which would survive would probably not be the ones in front of her property but in front of the adjacent condominium complex; that the appearance of Osprey Avenue is the primary concern; that Commission support is requested to retain a certified arborist to try to save the oak trees. Mayor Pillot and Commissioner Cardamone stated that the request to retain a certified arborist to save the oak trees on Osprey Avenue is supported. City Manager Sollenberger requested a copy of the report and estimate submitted by Ms. Maloff. Commissioner Patterson stated that the report will be provided to the Administration; that a certified arborist rather than a landscape architect should be retained to save the trees. City Manager Sollenberger stated that the time frame is restricted. Commissioner Cardamone stated that she has a copy of the report; that an understanding should be reached that the FDOT will be responsible for removing the oak trees if they die within the next few years. City Manager Sollenberger stated that the provision is reasonable. Commissioner Cardamone stated that the road would never have been designed in a configuration requiring the oak trees' removal if the FDOT cared whether or not the trees would die; that the FDOT should be held responsible for any costs generated from a problem caused by them. VICE MAYOR DUPREE: A. expressed appreciation to Mayor Pillot for his sensitivity in commending Staff when an excellent report is presented to the Commission; that the Mayor is extremely sensitive towards the public and explains procedures and rules which the public should know. B. stated that City Manager Sollenberger and Assistant City Engineer Asim Mohammed are commended for reviewing existing conditions on neighborhood streets and facilitating improvements; that yellow divider lines have been painted on Tenth Street and the striping for bicycle lanes painted on Cocoanut Avenue; that Central Avenue has been repaved; that the Police Department is enforcing laws against drug dealers on 15th, 16th, and 17th Streets and Dr. Martin Luther King, Jr. Way; that sidewalks on streets in the East Sarasota neighborhood have been installed; that storefronts between Fifth and Sixth Streets on Central Avenue have improved tremendously. MAYOR PILLOT: A. expressed appreciation to the Vice Mayor for his kind comments. B. expressed appreciation to City Auditor and Clerk Robinson and his Staff for the excellent way in which the Commission receives the agenda material. C. expressed appreciation to Staff members who provide cold water and hot coffee at Commission meetings and clean up afterwards. D. stated that the Municipal Auditorium will host over 200 out-of-town amateur and professional ballroom dancers at the second annual Sarasota Dance Sport Spectacular; that a greater number of entries have been submitted this year and the extremely successful event may outgrow the Auditorium space next year; that the Commission and Staff are invited to the ballroom dancing event on Thursday and Friday, September 25 and 26, 1997, at which he will perform; that B. Linda Baker, Manager of the Municipal Auditorium, and the rest of the Auditorium Staff have been extremely accommodating. BOOK 42 Page 15268 09/15/97 6:00 P.M. BOOK 42 Page 15269 09/15/97 6:00 P.M. City Manager Sollenberger stated that many compliments regarding the services performed by the Municipal Auditorium Staff are received. 17. OTHER MATTERS /ADMINISTRATIVE OFFICERS - REACHED CONSENSUS TO KEEP THE EXISTING COMMISSION TABLE, VARNISH THE SURFACE, AND RETURN A PROPOSAL FOR IMPROVED MICROPHONES; REQUESTED THE MINUTES FROM THE MARCH 19, 1996, WORKSHOP AND JULY 7, 1997, REGULAR COMMISSION MEETING REGARDING RECONPIGURATION OF THE COMMISSION CHAMBERS; AND DECLINED TO PARTICIPATE IN A FORUM OR PANEL DISCUSSION REGARDING THE JOHN RINGLING BRIDGE REPLACEMENT BUT WILL INVITE FDOT SECRETARY TWIDDY FOR A OUESTION AND ANSWER SESSION WITH THE CITY COMMISSION (AGENDA ITEM XI) #3 (1062) through (1497) CITY MANAGER SOLLENBERGER: A. stated that the recently renovated ceiling at the Sarasota Municipal Auditorium looks extremely well. B. stated that Donald Hadsell, Director of Housing and Community Development has advised that Lee Halstead, representing the Hispanic American Alliance, and Sandra Vaughn, President of the Park East Community Association, have reached an agreement regarding the development of four proposed houses on Fifth Street at East Avenue as discussed under Consent Agenda No. 1, Item No. 7 and Citizens' Input; that a plan will be developed, endorsed by both organizations, and returned to the Commission at the October 6, 1997, regular meeting. C. stated that Facilitator Lyle Sumek, had recommended two physical improvements to the Commission Chambers; that the signal light system enabling the Mayor to identify the order in which Commissioners wishing to speak has been approved this evening under Agenda Item VIII-3; that Mr. Sumek also recommended the purchase of a horseshoe-style Commission table; that Stuart Barger, Architect, Barger & Dean Architects, Inc., could be requested to inspect the layout and provide a recommendation as to how a horseshoe- style table could provide the same intimacy as the existing table; and asked if the Commission is interested in further study regarding reconfiguration of the Commission table? Mayor Pillot stated that the existing table should remain; that reconfiguration is not desirable; however, the surface of the table should be varnished; that he would vote against installation of a horseshoe-style table but would not be upset if one were approved. Commissioner Patterson agreed and stated that changing the microphones should be investigated and a proposal presented to the Commission. Commissioner Patterson stated that the microphones used by the Sarasota Board of County Commissioners are preferable to those at the City Commission table. Mayor Pillot stated there is a consensus of the Commission to keep the existing Commission table, varnish the surface, and return a proposal for improved microphones. City Manager Sollenberger asked if a report regarding the installation of monitors on the Commission table should be returned. Commissioner Cardamone stated that monitors mounted on the Commission table would eliminate the Commission having to turn around'to view presentations displayed by the overhead projector on the screen against the wall behind the Commission table. Mayor Pillot stated that the Commission has discussed installing equipment allowing large site plans to be projected on monitors suspended from the ceiling and facing the Commission table. Commissioner Patterson requested the minutes from the March 19, 1996, workshop and July 7, 1997, regular Commission meeting at which the reconfiguration of the Commission Chambers was discussed. Commissioner Cardamone stated that the Commission was thought to have agreed to install monitors on the Commission table. Mayor Pillot stated that monitors should not be installed on the Commission table. D. stated that the plans for the forum regarding the Ringling Bridge Replacement, suggested by State Representative Shirley Brown and tentatively scheduled in late September are indefinite; that arrangements with David Twiddy, District One Secretary, Florida Department of Transportation (FDOT) may not have been made; that an attempt will be made to speak directly with State Representative Brown on Wednesday, September 17, 1997, when she visits Sarasota; that her Staff has indicated that State Representative Brown wishes to convene a panel consisting of FDOT Secretary Twiddy, a representative of the Metropolitan Planning Organization (MPO) - and a representative of the City; that State Representative Brown's Staff was informed that the city Commission was interested in directing questions to FDOT Secretary Twiddy with State Representative Brown acting as moderator; and asked for Commission direction? BOOK 42 Page 15270 09/15/97 6:00 P.M. BOOK 42 Page 15271 09/15/97 6:00 P.M. Commissioner Patterson stated that discussion of a forum moderated by State Representative Brown including the Commission and District Secretary Twiddy regarding the Ringling Bridge Replacement is not recalled. Mayor Pillot stated that Commissioner Merrill suggested that FDOT Secretary Twiddy should be invited by the Commission to discuss the bridge issue before litigation is filed; that State Representative Brown approached the City Manager and offered to help by moderating a forum at which FDOT Secretary Twiddy would answer questions prepared by the Commission and presented to him in advance. Commissioner Patterson stated that the offer is gracious; however, a forum may not produce the necessary information required from the FDOT. Commissioner Merrill stated that a panel discussion including the MPO may be inappropriate; that David Levin, Attorney, Law Firm of Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P.A., the attorney hired by the City to purse legal action to prevent the construction of a high-level, fixed-span bridge by the FDOT, indicates the City's position against the FDOT is strong; however, in a report published by the Sarasota Herald-Tribune, the FDOT has indicated Attorney Levin's case is based on irrelevant information; that the Commission needs to ask FDOT Secretary Twiddy questions necessary to determine if litigation should continue. Commissioner Patterson stated that Attorney Levin should be present at the Commission meeting with FDOT Secretary Twiddy. Commissioner Merrill asked if a meeting with FDOT Secretary Twiddy should be conducted by the City Commission? Commissioner Cardamone stated that appreciation to State Representative Brown should be expressed; however, she should be advised the City does not wish to participate in a panel discussion at this time; that Attorney Levin could advise the Commission as to the best way to proceed; that the Commission is capable of asking FDOT Secretary Twiddy the necessary questions. Mayor Pillot stated that the Administration could indicate to State Representative Brown that a ranking person at the FDOT may misunderstand the intent of her involvement and interpret her presence as an attempt by the City Commission to influence the outcome by including a member of the State Legislature in the forum; that her presence may be too powerful. Mayor Pillot stated that hearing no objection, the Commission will not participate in a forum or panel discussion regarding the Ringling Bridge Replacement but will invite FDOT Secretary Twiddy for a question and answer session at a meeting with the City Commission. CITY AUDITOR AND CLERK ROBINSON: A. stated that the agendas for City Commission meetings are now available on the Sarasota Herald-Tribune web page. 18. ADJOURN (AGENDA ITEM XII) #3 (1498 ) There being no further business, Mayor Pillot adjourned the regular meeting of September 15, 1997, at 9:50 p.m. GENE PILLOT, MAYOR ATTESUTA > Bull A / m, Robinson BILLY ROBINSON, CITY AUDITOR AND CLERK - BOOK 42 Page 15272 09/15/97 6:00 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE PATTERSON, NORA Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 707 Freeling Drive WHICH I SERVE IS A UNIT OF: Xcrry COUNTY 1 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON W'HICH VOTE OCCURRED MY POSITION IS: September 15, 1997 XX ELECTIVE 1 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 with a presented voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; use although the 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 whether depending on 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 (other 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 to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CEI FORMI XB 10.86 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ou 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 , NoraPatterson hereby disclose that on September 15 19. 97 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Consent Agenda 2, Item II B-5, Adoption of proposed Ordinance No. 97-4010, to amend and restate Ordinance No. 96-3923 pertaining to the rezoning of the subject site to the Commercial Residential Transition (CRT) Zone District; approving an amendment to the previously approved Development Plan 95-DPR-01 to incorporate open-air dining in connection with an existing restaurant on property currently zoned CRT as part of the Towles Court Project as more specifically depicted in Development Plan Petition 97-DPR-12; approving said Development Plan 97-DPR-12; setting forth conditions for the operation of the open-air dining facility; said Development Plan pertaining to property being located between Adams Lane, Links Avenue, Morrill Street and South Washington Boulevard, as more particularly described herein; etc. (Petition Nos. 97- CO-10 & 97-DPR-12, Petitioner Russell Moore, Design Studios West, as agent for Beverly Hills Associates). My husband is the attorney representing the petitioner. glakz Hora Ha 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. CF FORMAR 10.N6