BOOK 49 Page 21469 07/16/01 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 16, 2001, AT 6:00 P.M. PRESENT : Mayor Albert F. Hogle, Vice Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Hogle The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: MAYOR'S CITATION PRESENTED TO THE DOWNTOWN ASSOCIATION OF SARASOTA, INC., FOR ARRANGING FOR THE FOURTH OF JULY CELEBRATION AND THE FIREWORKS DISPLAY #1 (0000) through (0145) Mayor Hogle requested that Paul Thorpe, Executive Director, and Peg Cavanaugh, Director of Marketing, Downtown Association of Sarasota, Inc. (Downtown Sarasota), join him before the Commission for the presentation; read in its entirety the Mayor's Citation to the Downtown Association indicating appreciation for arranging the Fourth of July Celebration and Fireworks Display and further indicating the Downtown Association has been instrumental in arranging the City's Fourth of July Celebration including the spectacular fireworks display which has been an annual event for the past 11 years; that the festivities began on July 3, 2001, with Jazz on the Bay including pertormances from local high school and middle school jazz students, the festivities continued to July 4, 2001, with blues, rock'n'roll, soul, and jazz music and food vendors providing barbeque and picnic fare at the Bayiront; that the fireworks were attended by an estimated 50,000 to 60,000 people, and representatives of the Downtown Association worked tirelessly in successfully arranging the event which provided enjoyment to many residents and visitors; and presented the Mayor's Citation to Mr. Thorpe and Ms. Cavanaugh. Mr. Thorpe stated that the recognition and support of the City are appreciated; that the participation: of the community at the Fourth of July Celebration was appreciated; that Independence Day is an important holiday; that the Fourth of July Celebration is an important event. Ms. Cavanaugh concurred and stated that the support of the community and the City is appreciated. 2. PRESENTATION RE: PROCLAIMING JULY 20, 2001, AS COLOMB: IAN INDEPENDENCE DAY IN THE CITY OF SARASOTA #1 (0145) through (0270) Mayor Hogle requested that Dr. Tony Tiberini, Eduardo Pareja, Ruth Tiberini, Emma Straight, and Eduardo Sanchez, Members of the Board of Directors, Gulf Coast Colombia Alliance, and Jeff Carman, Councilman, Bradenton City Council, join him before the Commission for the presentation; stated that Sarasota's Colombian community was previously active and is becoming more active in the community; read in its entirety the Mayor's Citation proclaiming July 20, 2001, as Colombian Independence Day in the City of Sarasota. and indicating the legacy and importance of the Gulf Coast's Colombian community, the first Colombian Independence Day was celebrated on July 20, 1810, and the City desires to pay tribute to Colombia on its Independence Day; and presented the Mayor's Proclamation to Dr. Tiberini. Dr. Tiberini stated that the recognition of the City is appreciated; that the Gulf Coast Colombia Alliance is holding a celebration to commemorate Colombian Independence Day on July 20, 2001, at Michael's on East restaurant from 8 p.m. until 1 a.m. i that the public is invited to the celebration; that the support of the Commission and the City is appreciated. Ms. Straight stated that support of the City for the Gulf Coast Colombian community is appreciated. Councilman Carman stated that the City of Bradenton also recently proclaimed July 20, 2001, as Colombian Independence Day in the City of Bradenton; that the support of the City is appreciated. Mr. Pareja stated that the Gulf Coast Colombia Alliance appreciates the support of the Commission. BOOK 49 Page 21470 07/16/01 6:00 P.M. BOOK 49 Page 21471 07/16/01 6:00 P.M. Ms. Tiberini stated that support of the Commission is appreciated; and proclaimed "Viva Colombia! Viva United States!" 3. PRESENTATION RE: RECOGNITION OF THE CITY'S ASSISTANCE IN THE PLANNING, DESIGN AND CONSTRUCTION OF THE ST. ARMANDS IMPROVEMENT, /JOHN RINGLING STATUE INSTALLATION PROJECT #1 (0270) through (0470) Mayor Hogle requested that William Hallisey, Director of Public Works, join him before the Commission for the presentation. Martin Rappaport, St. Armands Circle Property Owners Association (SACPOA), came before the Commission and stated that SACPOA wishes to recognize the City for assistance in the planning, design, and construction of the recently completed St. Armands Circle Median improvement/John Ringling Statue Installation Project; that the assistance from the Administration is appreciated; that the St. Armands Circle Median Improvement/John Ringling Statue Installation Project is aesthetically pleasing, replaced confusing street striping, provides a park-like atmosphere, enhances public safety for pedestrians at St. Armands Circle, and has effectively slowed vehicular speed; that the installation of the John Ringling Statue represents the first implemented project of the St. Armands Long-Range Capital Improvement Master Plan, which SACPOA, the St. Armands Landowners Association, the St. Armands Residents Association, and the City diligently worked to create; that the Public Works Staff worked an intensive and demanding schedule to ensure the St. Armands Circle Median Improvement/Joan Ringling Statue Installation Project was completed for the planned statue dedication ceremonyi that the Public Works Staff worked at an amazing pace with precision to complete the project; presented a plaque commemorating the efforts of the Public Works Staff to complete the St. Armands Circle Median Improvement/Joan Ringling Statue Installation Project; and requested that the following Public Works Staff members join him before the Commission for recognition: Andrew James and Dale Haas, who served as Project Managers, Lawrence Miller and Jesse Hubbard, who performed the upgrade and relocation of affected utilities, Luther Roseborough, who performed the concrete work, Bob Lewis, who performed the electrical work, James West, who performed the landscaping, and Lisa Arcabella and John Burg, Planning Department. Mr. Rappaport continued that the plaque recognizes the dedication, hard work, and timely efforts of the Public Works Staff to complete the improved median on South Boulevard of the Presidents in time for the dedication of the John Ringling Statue. Mr. Hallisey stated that the Public Works Staff is responsible for completing the St. Armands Circle Median Improvement/John. Ringling Statue Installation Project as scheduled; that the recognition is due to the dedication and excellence of the Public Works Staff; that the recognition is appreciated. Mayor Hogle stated that the dedication and hard work of the Public Works Staff are appreciated. Mr. Rappaport stated that SACPOA would like to present the City with a check for $10,000 as a donation in gratitude for the tremendous effort of the Public Works Staff to complete the St. Armands Circle Median Improvement/John Ringling Statue Installation Project. Mayor Hogle stated that the donation is appreciated and delivered the check to City Auditor and Clerk Robinson for appropriate disposition. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0470) through (0540) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-2, regarding the transfer of SHIP mortgage for the property at 1882 Fifth Street from the Community Housing Corporation (CHC) to Catholic Charities Diocese of Venice, Inc., per the request of Housing and Community Development Director Hadsell. B. Add Consent Agenda No. 2, as Item No. III-B-5, Adoption Re: Proposed Resolution No. 01R-1389, appropriating $15,000 from the unencumbered fund balance of the General Fund for the purpose of settling the claim of Eleanor Schupbach, per the request of Finance Director Mitchell. BOOK 49 Page 21472 07/16/01 6:00 P.M. BOOK 49 Page 21473 07/16/01 6:00 P.M. C. Remove Unfinished Business, Item No. VI-2, concerning the potential closing of the Sarasota Mobile Home Park, per the request of General Services Director Carolan. D. Add Unfinished Business, Item No. VI-6, PCL Civil Contractors, Inc. proposal for a modification to the barrier rail system for the Ringling Causeway Bridge Replacement, per the request of City Engineer/Director Daughters. E. Add Unfinished Business, Item No.. VI-7, Presentation Re: Request to amend the Hyatt Hotel omdominum/Interim Construction Parking Agreement, per the request of Commissioner Palmer. F. Add Board Appointments, Item No. VIII-8, Appointment to the Sarasota Housing Authority Board. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. The Commission recessed at 6:20 p.m. into a Special meeting of the Community Redevelopment Agency and reconvened at 6:36 p.m. 5. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 2, 2001 (AGENDA ITEM I) #1 (0540) through (0570) Mayor Hogle asked if the Commission had any changes to the minutes? Commissioner Palmer stated that revisions were requested to the minutes of July 2, 2001, Regular Commission meeting; that the necessary revisions were distributed to the Commission prior to the meeting. Mayor Hogle stated that hearing no Eurther changes, the minutes of the July 2, 2001, Regular Commission meeting are approved by unanimous consent. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 3, 5, 6, 7, AND 8 APPROVED; ITEM NO. 4 = APPROVED A TEMPORARY MONTH- - TO-N MONTH EXTENSION TO THE CONCESSION AGREEMENT WITH ROBERT NANI TO PROVIDE FOOD AND BEVERAGE SERVICE AT THE BOBBY JONES GOLF COMPLEX UNTIL A NEW CONCESSIONAIRE IS SELECTED AND NOT TO CHARGE EITHER THE ESTIMATED MONTHLY UTILITY FEES OF $2,006.25 FOR ELECTRICITY TO FLORIDA POWER AND LIGHT, $540.35 FOR WATER, SEWER, AND GARBAGE COSTS, $87.74 FOR CABLE TELEVISION FEES, OR $107.00 FOR RECYCLING COSTS, OR THE MONTHLY FEE OF $400 FOR PAR VIEW OR THE $500 RENT SUBJECT TO RENEGOTIATION IF POSSIBLE (AGENDA ITEM III-A) #1 (0570) through (1010) City Manager Sollenberger requested that Item No. 4 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to the Florida Recreation Development Assistance Program (FRDAP) Grant between the City of Sarasota and the State of Florida Department of Environmental Protection to allow coordination of varied construction activities which have to take place within the Ken Thompson Park in a cost efficient, effective manner 3. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Access Mail Processing Services, Inc. utilizing the Manatee County RFP #00-5973FL for discounted bar coding mail handling services 5. Approval Re: Authorize recommendation of Concessionaire for restaurant/Dar operation at the Bobby Jones Golf Complex per RFP #01-51M for a five (5) year period with the option to renew for two (2) additional five (5) year terms 6. Report Re: Monthly activities report from the Downtown Association 7. Report Re: Monthly activities report from the Greater Downtown Action Team (GDAT) 8. Report Re: Monthly report on the activities at the Urbaculture site On motion of Vice Mayor Mason and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 3, 5, 6, 7, and 8. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 4. Approval Re: Request for Temporary Extension of Concession License for Robert Nani, Concessionaire, for the restaurant/bar operation at Bobby Jones Golf Complex BOOK 49 Page 21474 07/16/01 6:00 P.M. BOOK 49 Page 21475 07/16/01 6:00 P.M. and relief from a portion of the financial obligation to the City of Sarasota for the duration of the Temporary Extension of Concession License V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Mr. Nani has operated the concession at the Bobby Jones Golf Complex (BJGC) for approximately seven years but has decided to discontinue operations; that Mr. Nani's concession agreement with the City expired on April 1, 2001; that since that time, Mr. Nani has been leasing the concession from the City on a monthly basis; that the Administration and Staff are actively seeking a new concessionaire; that the fewest patrons frequent the BJGC and the restaurant during the summer; that Mr. Nani should be encouraged to operate the concession until a new concessionaire assumes operations; that the City should not operate the concession; that Mr. Nani originally agreed to operate the concession until a new concessionaire is contracted if the City agreed not to charge the monthly rent of $500 or the Par View monthly fee of $400; that the City previously agreed not to charge the $900 beginning July 1, 2001; that Staff, the Administration, and the City Attorney's Office met on July 16, 2001, to reevaluate the proposed agreement after Mr. Nani informed BJGC Staff of a desire to discontinue operations immediately; that BJGC Staff convinced Mr. Nani to operate the concession for an additional two weeks; that Mr. Nani indicated the $900 reduction was not sufficient to continue operations beyond two weeks; that the Administration recommends paying the utilities, rent, and Par View fee for the concession during the remaining period of operations if Mr. Nani agrees to pay all other expenses through July 27, 2001; that a new concessionaire can be hired in six weeks; that the City would be required to hire a temporary concessionaire during the interim if Mr. Nani discontinues operations on July 27, 2001; that City Staff could also operate the concession if desired; however, the City would incur all costs for the concession during the worst business time; that the Administration recommends amending the original recommendation to pay the costs of utilities in addition to rent and the Par View fee after July 27, 2001. Commissioner Quillin asked the costs of the utilities? Mr. Schneider stated that the costs of the utilities include $2,006.25 for electricity to Florida Power and Light, $540.35 for water, sewer, and garbage costs, $87.74 for cable television fees, and $107.00 for recycling costs; that additionally, the Par View fee is $400; and the rent is $500. Ray Grady, Manager, BJGC, came before the Commission and stated that Mr. Nani also agreed to pay $321.00 for propane gas and $133.75 for grease removal. Commissioner Quillin stated that Van Wezel Performing Arts Hall (VWPAH) Staff operate a liquor and beverage concession and could temporarily operate the BJGC concession; that City Staff should be cross-trained to manage temporary problems or situations; and asked if Mr. Nani would take the liquor inventory currently at the concession after ceasing operations? Mr. Schneider stated yes. Commissioner Quillin stated that the City could operate the concession; that an undesirable precedent will be established if the City agrees to pay utility costs for the operation of the concession; that the City has already agreed to many concessions; that City leases should require lessees to provide a 30-day notice of termination; that a 30-day notice of termination is required for the City's Lemon Avenue leasehold; and asked if the City is ultimately responsible for the paying the costs of the utilities? Mr. Grady stated yes. Commissioner Quillin stated that the City should operate and control the concession and collect any profits if the costs of the utilities will be paid; that VWPAH or Ed Smith Stadium Staff could temporarily operate the BJGC concession; that a simple fare such as sandwiches could be offered and the bar could be operated. Mr. Grady stated that the City cannot operate the bar; that a liquor license is required to operate the bar; that the current liquor license is registered to Mr. Nani; that Mr. Nani's liquor license cannot be transferred directly to the City but must be renewed by the new permanent concessionaire; that beer, wine, or liquor could not be sold to the public without the liquor license; that the City would also be required to obtain a temporary food sales permit. Mayor Hogle asked if funds are available in the BJGC budget to pay the cost of the utilities? Mr. Grady stated yes; that Mr. Nani has agreed to pay the costs for propane gas and grease removal, the cost of which varies according to the level of service; that the summer months of BOOK 49 Page 21476 07/16/01 6:00 P.M. BOOK 49 Page 21477 07/16/01 6:00 P.M. July, August, and September generate the least business during the year; that the current and all previous concessionaires have lost money during July, August, and September; that tourism is the lowest during July, August, and September due to the increased rain and heat levels; that Mr. Nani has agreed to operate the concession for two weeks; that Staff is currently negotiating with a prospective concessionaire; however, Mr. Nani is not willing to continue operations and lose money. Commissioner Quillin stated that Mr. Nani should also pay the costs for electricity if the costs for propane gas are paid. Mr. Grady stated that the BJGC building is over 30 years old; that the City initially operated the concession after construction was completed; that electrical consumption is monitored only by a single energy meter; that the concession pays 85 percent of the electrical costs; that the majority of the lighting and air conditioning is utilized for the dining room, restrooms, lobby, and the large kitchen operated by the concessionaire; that the City would be required to air condition the building if concession operations were temporarily suspended. Commissioner Quillin stated that a portion of the utility costs could be negotiated; that the kitchen coolers and Ereezers consume significant electricity; that a percentage of the electric costs could be funded by Mr. Nani. Mr. Grady stated that the building was previously operated solely on electricity; however, the majority of the kitchen equipment was converted to propane gas as a fuel source to conserve costs; that the cooler and retrigeration equipment are electric; that the grills, hot water tanks, deep fryers, and steamers were converted to propane gas. Commissioner Quillin asked if the water, sewer, and garbage costs could also be negotiated? Mr. Grady stated that the water, sewer, and garbage costs are billed directly to the City; that the concession is currently required to pay half of the water, sewer, and garbage costs; that an attempt could be made to negotiate reimbursement for the utility costs if desired. Commissioner Martin stated that the utility costs should be negotiated if possible; however, all landlords have temporary periods of time during which properties are not occupied; that the City has had a BJGC concessionaire for seven years but will only be required to fund operations for four to six additional weeks; that the City is fortunate to have had a tenant for the previous seven years without interruption to operations; that Staff is encouraged to negotiate the utility costs; that the Administration's recommendation is supported. Commissioner Palmer concurred and stated that the concept of cross-training Staff to manage temporary problems is supported; however, the VWPAH Staff is currently occupied and should not be utilized to operate the BJGC concession temporarily; that the City will only be required to fund the utility costs for six weeks until a new concessionaire is contracted; that the utility costs should be negotiated if possible; however, the City should not operate the concession; that the liquor license would be lost; that the BJGC patrons desire refreshment including liquor. Mr. Grady stated that the liquor license is active and would cover the period of time until a new concessionaire assumes operations; that continuing operations will facilitate the renewal of the liquor license for the BJGC complex by the new concessionaire. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve a temporary month-to-month extension to the concession agreement with Robert Nani to provide food and beverage service at the Bobby Jones Golf Complex until a new concessionaire is selected and not to charge either the estimated monthly utility fees of $2,006.25 for electricity to Florida Power and Light, $540.35 for water, sewer, and garbage costs, $87.74 for cable television fees, or $107.00 for recycling costs, or the monthly fee of $400 for Par View or the $500 rent subject to renegotiation if possible. Commissioner Quillin stated that the motion will be not be supported and sets an undesirable precedent; that the City has already offered considerable compromises for the temporary operation of the BJGC concession; that rent was reduced previously. Mayor Hogle called for a vote on the motion. Motion carried (4 to 1) : Martin, yes; Mason, yes; Palmer, yes; Quillin, no; Hogle, yes. BOOK 49 Page 21478 07/16/01 6:00 P.M. BOOK 49 Page 21479 07/16/01 6:00 P.M. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1387) - ADOPTED; ITEM 2 (ORDINANCE NO. 01-4313) = ADOPTED; ITEM 3 (ORDINANCE NO. 01-4314) ADOPTED; ITEM 4 (ORDINANCE NO. 01-4315) ADOPTED; ITEM 5 (ORDINANCE NO. 01-1389) ADOPTED (AGENDA ITEM III-B) #1 (1010) through (1275) Mayor Hogle requested that Item No. 1 be removed for discussion. 2. Adoption Re: : Proposed Ordinance No. 01-4313, an ordinance amending the Sarasota City Code (1986 as amended) (City Code), Chapter 33, Article IV, Stopping, Standing or Parking, Division 4, Fines for Parking Violations, Section 33-167, fine schedule, sO as to increase the amount of the fines payable for the violations enumerated herein; amending Section 33-168, Form of Citation for Parking Violations, sO as to reflect the amount of the fines established hereby; repealing ordinances in conflict herewith; providing for the severability of parts hereof; (Title Only) 3. Adoption Re: Proposed Ordinance No. 01-4314, an ordinance amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police; amending Section 24-76, Credited Service for Military Service Prior to Employment; amending Section 24-77, Prior Police Service; amending Section 24-91, Deferred Retirement Option Plan; providing for severability of provisions; providing for codification; repealing all ordinances in conflict herewith; (Title Only) 4. Adoption Re: Proposed Ordinance No. 01-4315, an ordinance amending the Sarasota City Code (1986 as amended) (City Code) Chapter 36, Article II, regarding taxicabs and other vehicles for hire; setting forth findings as to intent and purpose; providing for definitions; providing for prohibitions for drivers; providing for minimum insurance coverage; providing for procedures for the application and issuance by the City Auditor and Clerk of certificates to engage in business, permits for vehicles for hire and licenses for drivers; providing for criteria for issuance of same; i providing for suspension and revocation of same by the City Auditor and Clerk; providing for appeal; providing for display of permits, licenses and stickers issued by the City Auditor and Clerk; repealing ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; (Title Only) 5. Adoption Re: Proposed Resolution No. 01R-1389, appropriating $15,000 from the unencumbered fund balance of the General Fund for the purpose of settling the claim of Eleanor T. Schupbach; (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. 01R-1389, and Ordinance Nos. 01-4313, 01-4314, and 01-4315 by title only. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to adopt proposed Resolution No. 01R-1389 and proposed Ordinance Nos. 01-4313, 01-4314, and 01-4315. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Martin, yes; Mason, yes; Palmer, yes, Quillin, yes. 1. Adoption Re: Proposed Resolution No. 01R-1387, a resolution denying the request for an extension of Major Conditional Use No. 99-CU-09 to permit a drive-through bank facility as an accessory use to a bank in a proposed office building in the Commercial, Central Business District (C-CBD) Zone District; said major conditional use having been previously approved by Resolution 99R-1201; setting forth the factual basis for the denial of the extension; (Title Only) Mayor Hogle stated that proposed Resolution No. 01R-1387 concerns the extension of a major conditional use to allow a drive-through facility for the proposed Five Points Tower; that the issue is not if the Five Points Tower is desired; that the concern is the Commission had previously approved Major Conditional Use No. 99-CU-09; that the indication was different rules and regulations existed at the time Major Conditional Use No. 99-CU-09 was originally approved; that the Commission adopted the City of Sarasota, Downtown Master Plan 2020 (Downtown Master Plan 2020) after Major Conditional Use No. 99-CU-09 was originally approved; however, the Downtown Master Plan 2020 is not valid until a final version of the City of Sarasota SmartCode, Draft, January 2001 (SmartCode), is adopted; that sufficient evidence does not exist to justify denial of the requested one-year extension of Major Conditional Use No. 99-CU-09; that the pertinent City regulations have not BOOK 49 Page 21480 07/16/01 6:00 P.M. BOOK 49 Page 21481. 07/16/01 6:00 P.M. yet been changed and implemented; that a motion to deny the requested extension will not be supported. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1387 by title only. City Attorney Taylor stated that Michael Furen, Attorney, and William Merrill, Attorney, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, and representing the Wynnton Sarasota II Limited Partnership (Wynnton), signed up to speak to proposed Resolution No. 01R-1387; that Attorney Furen previously represented Wynnton in requesting an extension of Major Conditional Use No. 99-CU-09 at the July 2, 2001, Regular Commission meeting; that Mayor Hogle's previous position was reiterated; that allowing Attorneys Furen and Merrill to speak would not be appropriate at this time; that Attorney Furen provided a presentation to the Commission concerning Wynnton's position at the July 2, 2001, Regular Commission meeting; that adoption of proposed Resolution No. 01R-1387 will confirm the action of the Commission at the July 2, 2001, Regular Commission meeting. Mayor Hogle stated that the intent was only to reiterate the personal position concerning the extension of Major Conditional Use No. 99-CU-09 indicated at the July 2, 2001, Regular Commission meeting; that the appropriate parliamentary procedures should be followed. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 01R-1387. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 2) : Martin, yes; Mason, no; Palmer, yes; Quillin, yes; Hogle, no. Mayor Hogle requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4317, AMENDING SECTION 33-112 OF THE SARASOTA CITY CODE (1986 AS AMENDED) (CITY CODE) TO PROHIBIT STOPPING, STANDING OR PARKING A MOTOR VEHICLE IN THE PORTION OF ANY RIGHT-OF-WAY BETWEEN A CURB OR EDGE OF PAVEMENT AND SIDEWALK BEHIND SUCH CURB OR EDGE OF PAVEMENT OR ON THE UNPAVED PORTION OF ANY RIGHT-OF-WAY WHERE SIGNS ARE POSTED BY AUTHORITY OF THE TRAFFIC ENGINEER; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) - PASSED ON FIRST READING AND DIRECTED THE CITY ATTORNEY TO INCLUDE APPROPRIATE ENFORCEMENT PROVISIONS IN ORDINANCE NO. 01-4317 AND FUTURE ORDINANCES (AGENDA ITEM IV-A-1) #1 (1275) through (1840) Gordon Jolly, Chief, Sarasota Police Department (SPD), came before the Commission and stated that proposed Ordinance No. 01-4317 prohibits the stopping, standing, or parking between the curb or edge of the pavement and sidewalk or in the public right-of-way as posted; that the language of Section 33-112, Stopping, Standing, or Parking, Sarasota City Code (1986 as amended) (City Code) will be amended to clarify and inform the public of the City's parking regulations for the right-of-way; that a variety of parking problems exist; that the size of the right-of-way varies significantly throughout the City; that many citizens mistakenly park illegally in the right-of-way believing the property is personal property; that SPD has been unable to enforce and educate the public concerning Section 33-112, City Code, due to the ambiguous language; that recommendation is made to amend Section 33-112, City Code, to prohibit parking between the curb or edge of the pavement and sidewalk or within the right-of-way if signage prohibiting parking is duly posted; that the revised language will facilitate SPD's enforcement efforts. Commissioner Palmer stated that parking in the right-of-way is a significant concern for residents in City neighborhoods; that enforcing the current parking regulations is difficult; that significant problems are occurring particularly in neighborhoods without sidewalks; and asked if additional signage prohibiting parking will be installed in City neighborhoods? Chief Jolly stated that SPD has previously issued citations to vehicles illegally parked in the right-of-way; that the hearing BOOK 49 Page 21482 07/16/01 6:00 P.M. BOOK 49 Page 21483 07/16/01 6:00 P.M. officer dismissed the citations due to a lack of visible signage prohibiting parking; that the City Engineer will be requested to install signage prohibiting parking in the right-of-way if desired by a neighborhood association or resident. Commissioner Quillin stated that the concern of the hearing officer was the lack of adequate signage prohibiting the parking of vehicles in the right-of-way; that the concern was not parking between the pavement and sidewalk; that a citizen indicated proposed Ordinance No. 01-4317 does not specify parking on sidewalks as illegal; however, the citizen was informed the City Code indicates any vehicles parking on the sidewalk will be fined $20. Chief Jolly concurred. Commissioner Quillin stated that the existing language of Section 33-112, City Code, is sufficient if adequate signage prohibiting parking the right-of-way is installed; that the hearing officer will not dismiss citations if the appropriate signage is installed; that language of Section 33-112, City Code, should be revised due to the varying size of the right-of-way throughout the City; however, the majority of citations are issued in neighborhoods without sidewalks or curbs. Vice Mayor Mason stated that the City's current parking regulations should be indicated during an upcoming episode of "On Patrol" on AccessSarasota, Channel 19, to inform the public; that a provision should be included in all City ordinances which indicates the City department responsible for enforcing the ordinance; that the City must be accountable for enforcing its regulations; that many ordinances are not enforced six months after adoption. Chief Jolly stated that SPD and the Parking Management Program would be responsible for enforcing the provisions of proposed Ordinance No. 01-4317 if adopted. Commissioner Martin stated that prohibiting parking between the curb or edge of the pavement and sidewalk is a very clear prohibition; that installing a sidewalk is similar to installing signage prohibiting parking; that installing signage at every possible location in the City is not financially feasible or aesthetically pleasing; that neighborhood associations or residents are encouraged to request signàge if desired. Commissioner Quillin stated that the language of Section 33-112, City Code, requires clarification and is similar to the City regulation requiring illegally parked vehicles to move two blocks; that the hearing officer repeatedly indicated the lack of adequate signage was the concerni that the criteria for determining the right-of-way and the required location of signage should be clarified; that portions of the City's older neighborhoods do not have any public right-of-way; that criteria should be established identifying the appropriate location to install signage; that citizens are aware of the City's parking regulations; however, visitors and tourists may not be aware of the City's parking regulations; that adequate signage is required to inform the public of the City's parking regulations; that SPD has indicated determining the right-of-way is difficult; and asked for clarification concerning the criteria for installing signage prohibiting parking in the right-of-way. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Engineering Department is responsible for authorizing the Public Works Department to install signage concerning traffic control at any location in the City; that the hearing officer has repeatedly indicated adequate signage should be provided; that the criteria is the signage should be located in an area visible to the person violating the City's regulations. Commissioner Quillin stated that proposed Ordinance No. 01-4317 is not necessary; that the recommendation should have been only to install additional signage prohibiting parking in the right-of-way in the desired locations in the City. Chief Jolly stated that the City would be required to install signage on every street throughout the City in which the public right-of-way could not be determined; that installing signs on every street in the City is not financially feasible; that defining the public right-of-way as the area located between the curb or edge of the pavement and sidewalk allows the City to conserve funds for signage installation; that the proposed definition is easy to understand and will facilitate SPD's enforcement and public education efforts; that SPD will request the City Engineer authorize the installation of signage prohibiting parking for the areas without sidewalks if desired by a resident or neighborhood association; that the concern is implementing parking regulations which are easily understood by the public. BOOK 49 Page 21484 07/16/01 6:00 P.M. BOOK 49 Page 21485 07/16/01 6:00 P.M. Mayor Hogle opened the public hearing. There was no one signed up to speak and Mayor Hogle closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4317 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4317 on first reading. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to pass proposed Ordinance No. 01-4317 on first reading. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes; Martin, yes. City Attorney Taylor stated that Commissioners have previously indicated a desire to include an enforcement provision in future ordinances; that the City Attorney's Office could include an appropriate enforcement provision in Euture ordinances if desired; that an enforcement provision could be included in Ordinance No. 01-4317 prior to second reading without changing the title if desired. Mayor Hogle stated that hearing no objections, the consensus of the Commission is for the City Attorney to include appropriate enforcement provisions in Ordinance No. 01-4317 and future ordinances. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4319, AMENDING CHAPTER 33, ARTICLE X, TOWING OF VEHICLES, SECTION 33-283 OF THE SARASOTA CITY CODE (1986 AS AMENDED) (CITY CODE) TO INCREASE THE MAXIMUM FEE FOR TOWING FROM PRIVATE PROPERTY; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) - DENIED (AGENDA ITEM IV-A-2) #1 (1840) through (2715) Gordon Jolly, Chief, and William Wall, Lieutenant, Sarasota Police Department (SPD), came before the Commission. Chief Jolly stated that proposed Ordinance No. 01-4319 is to increase the maximum fee for towing from private property from $50 to $75; that the City regulates the maximum amount towing companies can charge for towing vehicles from private propertyi that SPD previously recommended establishing $75 as the maximum tow rate from private property plus an additional allowable fee for towing after normal business hours; that the Commission previous decided to establish the maximum tow rate from private property at $50; that local towing companies requested the City establish a $75 maximum tow rate; that SPD has examined the towing regulations of other jurisdictions in Florida to determine an average tow rate; that SPD has determined a $75 maximum tow rate is reasonable; that the recommendation is to increase the maximum tow rate from private property to $75. Commissioner Palmer referred to the July 3, 2001, memorandum from Lieutenant Wall to Captain Mikel Hollaway indicating the tow rates of other jurisdictions and stated that SPD's research identifies many jurisdictions but indicates only minimum tow rates; that the City establishes a maximum tow rate; that the City allows towing companies to charge an additional $25 for service after normal business hours; that the American Automobile Association (AAA) provides towing services for less than $50; that increasing the maximum tow rate to $75 is not preferred; that further information should be provided to the Commission concerning the maximum tow rates allowed in other urisdictions. Lieutenant Wall stated that the minimum tow rate refers to the minimum amount charged to tow and initially impound a vehicle from private property; that the tow rate is increased if additional equipment or a larger towing vehicle is utilized to tow a vehicle; that the mileage required to transport a vehicle to the impound lot is also charged; that an example is the City of St. Petersburg, Florida, which has a $100 minimum tow fee plus $3 per mile and $20 per day for storage. Commissioner Palmer stated that proposed Ordinance No. 01-4319 establishes a maximum Low rate; that the previous indication was vehicles would be charged only a definite maximum of $75; that citizens could be charged significantly more than $75 if additional fees can be charged. Lieutenant Wall stated that the request was to examine the fees charged for impounding and vehicle pick-up after normal business hours; that many jurisdictions allow towing companies to charge BOOK 49 Page 21486 07/16/01 6:00 P.M. BOOK 49 Page 21487 07/16/01 6:00 P.M. additional fees to retrieve a vehicle from the impound lot after normal business hours. Commissioner Quillin stated that the City currently allows a maximum tow rate of $50 and an additional $25 if a vehicle is retrieved after normal business hours; that the majority of towing from Downtown is performed after normal business hours; that the majority of owners of towed vehicles are paying $75. Mayor Hogle opened the public hearing and the following person came before the Commission: Randy Upman, representing Upman's Wrecker Service of Sarasota (Upman's), 3107 Clark Road (34231), stated that a gate fee is a separate fee not specified in the City's current towing regulations; that a gate fee is charged if a vehicle is retrieved after normal business hours; that a business employee must be contacted at his or her residence, must drive to the impound lot at an unusual hour, and must process and release the towed vehicle to the owner; that Upman's conducts the majority of business during the normal business hours of 8 a.m. to 5 p.m. on Mondays through Fridays; that a gate fee is not charged during normal business hours; that proposed Ordinance No. 01-4319 unfairly burdens Upman's; that Upman's can only charge $50; that proposed Ordinance No. 01-4319 does not only concern towing illegally parked vehicles from Downtown after normal business hours but also affects the towing of abandoned or disabled vehicles from any private property in the City; that $50 will not cover the costs of disposing of abandoned or disabled vehicles; that abandoned vehicles are stored for up to 35 days; that Upman's must also conduct the required certifications and processing to obtain a State Certificate of Destruction to dispose of an abandoned vehicle; that Upman's must tow the abandoned vehicle to a junk yard for disposal; that $50 will not cover the costs of processing an abandoned vehicle. Mr. Upman continued that the towing rate should be increased to discourage illegal parking on private property in the City; that residents and tourists should be encouraged to observe the City's parking regulations; that Upman's is not allowed to choose which vehicles to tow; that towing service must be provided if demanded; that Upman's is only paid for approximately 60 percent of vehicles which are towed; that a $50 maximum tow rate is unfair; that the City allows the lowest maximum tow rate in Florida; that the City Attorney's Office indicated proposed Ordinance No. 01-4319 was formulated utilizing the towing regulations established by the Cities of Orlando and Daytona Beach, Florida; that the State authorizes municipalities to establish maximum rates for towing vehicles from private propertyi that the City of Orlando allows a maximum rate of $100; that the City of Daytona Beach has not established a maximum tow rate; that Sarasota County established a base tow rate of $85 in 1992; that towing companies have not had a pay raise in nine years; that average tow rates were between $45 to $50 in 1982 for towing abandoned cars in the City; that towing companies cannot conduct a profitable business at a maximum tow rate of $50; that significant costs are incurred for training, workers' compensation, fuel, and drug and alcohol rehabilitation; that towing companies do not tow vehicles from Downtown only; that the costs to tow abandoned cars is significant; that towing wrecked vehicles is not a concern; that the costs to tow wrecked vehicles are always paid; however, towing from private property occurs much more trequently than the towing of wrecked vehicles; that the maximum towing rate should be increased to $75. There was no one else signed up to speak and Mayor Hogle closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4319 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4319 on first reading. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to deny proposed Ordinance No. 01-4319. Commissioner Quillin referred to and quoted a July 16, 2001, letter from the Downtown Association of Sarasota, Inc. (Downtown Association), to the Commission concerning a potential increase in the maximum towing rate as follows: Due to the negative impact towing has had on the Downtown community, the Downtown Association has voted unanimously to keep the charge to $50 plus the $25 administrative fee. We do feel that the levying of higher fees would be detrimental to the overall positive image we are trying to convey. BOOK 49 Page 21488 07/16/01 6:00 P.M. BOOK 49 Page 21489 07/16/01 6:00 P.M. Commissioner Quillin continued that the services of towing companies have been utilized frequently; that she is a member of AAA, which covers the majority of towing costs; that a significant portion of towing companies' revenues are generated from contracts with private property or business owners; that the contracts allow towing companies to charge significantly more than $75; that an example is a contract with an automobile dealership, which utilizes a towing company to tow a vehicle to the automobile dealership for repairs; that the concern is not to regulate the business of towing companies but to maintain the attractiveness to Downtown; that many citizens have complained about the excessive tow fees charged by towing companies; that some citizens have been charged over $200 for towing from private property; that excessive tow fees do not encourage citizens and visitors to patronize Downtown; that the $50 maximum tow rate is a fair rate. Commissioner Quillin further stated that Mr. Upman provided valuable information concerning the City's effort to regulate the illegal immobilization of vehicles and is commended; that the revitalization of Downtown is dependent upon continued patronage by citizens and visitors; that private property owners are increasingly prohibiting the parking of vehicles after normal business hours; that Downtown businesses should also be encouraged to establish valet parking services and could charge for parking services; that the public's patronage of Downtown must be encouraged; that the City's relationship with the public and business community must be maintained; that visits to Downtown must be encouraged; that towing companies should be prohibited from towing vehicles which are appropriately registered to handicapped or disabled personsi; that an increase in the maximum tow rate will not be supported. Commissioner Martin concurred and stated that denying proposed Ordinance No. 01-4317 is supported to encourage patronage of Downtown but not to unfairly regulate towing companies; that excessive towing fees are being charged in the City; that the frequent towing of vehicles discourages patronage of Downtown businesses and restaurants; that the revitalization of Downtown must be sustained; that an additional incentive to encourage towing from private properties will not be supported; that the City must work with business owners to allow additional public parking Downtown after normal business hours; that property owners could charge additional fees to provide parking; that business owners have expressed concern for the liability of allowing parking aftér business hours; that the City should work with concerned business owners to develop remedies which allow increased parking Downtown after normal business hours; that other business owners have not requested an increase in the maximum towing rate; that Mr. Upman's comments and input are appreciated; that the City's current towing regulations are effective and should be maintained. Mayor Hogle called for a vote on the motion to deny proposed Ordinance No. 01-4319 and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Hogle, yes; Martin,. yes; Mason, no; Palmer, yes; Quillin, yes. The Commission recessed at 7:30 p.m. and reconvened at 7:43 p.m. Mayor Hogle requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; however, no Affected Persons have registered with the City; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons are afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Hogle stated that hearing no objections, the consensus of the Commission is to approve the recommended time limits. 10. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4318, TO REZONE A PARCEL OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF FRUITVILLE ROAD AND SHADE AVENUE (A/K/A 209 SHADE AVENUE) FROM THE OFFICE PARK (OP) ZONE DISTRICT TO THE OFFICE PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT; SAID PARCEL BEING INCLUDED WITHIN SITE PLAN APPLICATION NO. 01-SP-15 TO CONSTRUCT TWO (2) OFFICE BUILDINGS IN TWO (2) PHASES, WITH THE INCLUSION OF AN BOOK 49 Page 21490 07/16/01 6:00 P.M. BOOK 49 Page 21491 07/16/01 6:00 P.M. ADJACENT PARCEL LOCATED AT THE NORTHEAST CORNER OF FRUITVILLE ROAD AND SEEDS AVENUE (A/K/A 2401 FRUITVILLE ROAD) ZONED OFFICE PROFESSIONAL BUSINESS (OPB); APPROVING THE CONSTRUCTION OF ONE (1) OFFICE BUILDING DEPICTED AS PHASE I ON SITE PLAN APPLICATION NO. 01-SP-15, WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 01-RE-06 AND 01-SP-15, APPLICANT JOEL J. FREEDMAN, AICP, AS AGENT FOR CAVCO PROPERTIES, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY, AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (2715) through (3560) Mayor Hogle stated that proposed Ordinance No. 01-4318 pertains to Rezone Application No. 01-RE-06 and Site Plan Application No. 01-SP-15 concerning property at 209 Shade Avenue and 2401 Fruitville Road; that the Applicant is Joel Freedman, AICP, Freedman Consulting Group, as agent for Cavanaugh and Company, L.L.C. (CAVCO) - Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Mayor Hogle, Vice Mayor Mason, and Commissioners Martin, Palmer, and Quillin stated that no ex parte communications have occurred. Commissioner Quillin stated that she lives near the property but did not attend the March 5, 2001, neighborhood meeting to discuss the proposed project. Commissioner Palmer stated that the property was visited; however, the proposed project was not discussed with anyone. Mayor Hogle opened the public hearing and requested that the Applicant come forward. Mr. Freedman and Timothy Snyder, Architect, Hoyt-DSW Architects and Planners, came before the Commission. Mr. Freedman referred to displayed architectural drawings of the proposed project and stated that the property is bounded to the south by Fruitville Road, to the east by Shade Avenue, and to the west by Seeds Avenue; that the property consists of approximately 1.2 acres, is currently vacant, and is zoned in the Office Park (OP) and Office, Professional and Business (OPB) Zone Districts; that the OP Zone District requires a one-acre minimum lot size; that Rezone Application No. 01-RE-06 requests a rezoning of the entire property to the OPB Zone District; that the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), designates the property in the Community Office/Institutional Land Use Classification, of which the OPB Zone District is an implementing zone district; that residential properties designated in various Multi-Family Residential (RMF) Zone Districts are located to the north of the property; that a shopping center is located to the west of the property across Seeds Avenue; that property designated in the OPB Zone District is located directly across Fruitville Road. Mr. Freedman continued that the property is included in the Fruitville Gateway Corridor Overlay District (FCOD) i that vehicular access is not allowed on Fruitville Road in the FCOD; that vehicular access to the proposed project will be located on Shade and Seeds Avenues; that the existing landscaping on the property will be enhanced; that construction of the proposed project will be divided into two phases; that the first phase will consist of the construction of the CAVCO building on the southeastern corner of the property; that the CAVCO building will consist of approximately 6,900 square feet of office space; that the second phase will consist of an additional office building containing approximately 5,500 square feet; that CAVCO has agreed to conduct a traffic impact study prior to submitting plans for the second phase of construction; that transportation concurrency requirements were not met for the proposed CAVCO building; that the City's postponement of transportation concurrency requirements until the second phase of construction is appreciated; that the parking and stormwater retention areas will be constructed during the first phase; that 16 large oak trees are currently located on the property; that only one oak tree will be removed; that many of the existing pine trees will also be retained. Mr. Snyder referred to displayed architectural drawings indicating the architectural style of the exterior façade of the proposed CAVCO building and stated that the proposed CAVCO building will be located as close to Fruitville Road as possible; that the parking area will be located in the northern and central areas of the property; that the proposed CAVCO building is a simple, one-story, concrete masonry building and will contain a portico extending to the parking area; that a private garden will also be constructed. BOOK 49 Page 21492 07/16/01 6:00 P.M. BOOK 49 Page 21493 07/16/01 6:00 P.M. Mr. Freedman stated that the proposed CAVCO building is a low- scale project consistent with nearby uses and buildings; that additional area is provided for the expansion and the construction of the second phase building; that the proposed CAVCO building will augment Fruitville Road as a visible gateway to Downtown; that the stormwater retention area is located along the northern boundary of the property and will serve as a buffer between the proposed CAVCO building and the residential homes; that the proposed rezoning is consistent with the City's Comprehensive Plan, the. Zoning Code (1998), and the Tree Ordinance; that CAVCO would like to commence construction immediately. Commissioner Quillin asked the type of landscaping utilized for the southwest corner of the property until the second phase building is constructed? Mr. Freedman stated that the southwest corner of the property will not be developed; that the area will be cleared of debris and undesirable brush. Commissioner Quillin asked if the entire property will be visible from the street level? Mr. Freedman stated yes; that the existing trees will be maintained; that any undesirable shrubbery or flora will be Cleared; that the southwestern area will be mowed regularly; that buffer landscaping will also be installed. Mayor Hogle requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner II, Planning and Development Department, came before the Commission and stated that the proposed project requires a rezoning and site plan approval; that the first action concerns approval of Rezone Application No. 01-RE-06 to rezone the entire property to the OPB Zone District; that the property is currently zoned in the OP and OPB Zone Districts; that approval of Rezone Application No. 01-RE-06 will create a unified development; that the second action concerns approval of Site Plan Application No. 01-SP-15; that only one existing oak tree will be removed from the property, which will continue to appear as a heavily-wooded site after the proposed buildings are constructed; that a traffic impact study will be required for the second phase of construction; that the building plans for the second phase building must also be submitted to the City for approval; that the required neighborhood meeting was held on March 5, 2001; that only one neighborhood resident attended the meeting; that the resident expressed concern for the traific leaving and entering the property through the neighborhood; that the Applicant and Staff convinced the resident the definite majority of vehicles would utilize Fruitville Road to access the building; that the resident did not appear at the June 6, 2001, Planning Board/Local Planning Agency (PBLP) meeting to reiterate the concerns; that at the June 6, 2001, meeting, the PBLP held a public hearing to consider Rezone Application No. 01-RE-06 and Site Plan Application No. 01-SP-15 and unanimously recommended approval subject to the following conditions: 1. The site plan and all related development and construction plans for the Phase I building shall be in compliance with those labeled "Cavanaugh & Co. Office Building, IT received by the Planning Department on 16 May 2001. All final construction plans shall be subject to a full review for compliance with applicable codes and development approvals by the Director of Building, Zoning, and Code Enforcement. 2. Building plans for the Phase II building shall be subject to a separate review. A Traffic Impact Study shall be completed prior to submittal. Commissioner Quillin asked if the traffic impact study will be required prior to and not upon completion of the second phase of construction? Mr. Hoglund stated yes; that a pre-application conference will be held to discuss the construction of the second. phase building; that the building plans for the second phase building would be reviewed by the PBLP and the Development Review Committee. Commissioner Palmer asked if the building plans for the second phase building would be considered as an amendment to Site Plan Application No. 01-SP-15? Mr. Hoglund stated yes. Commissioner Palmer stated that Site Plan Application No. 01-SP-15 will also require revision to incorporate the results of the traffic impact study; and asked if the PBLP will grant final approval of the amendment to Site Plan Application No. 01-SP-15? BOOK 49 Page 21494 07/16/01 6:00 P.M. BOOK 49 Page 21495 - 07/16/01 6:00 P.M. Mr. Hoglund stated that the proposed building footprint already indicated in Site Plan Application No. 01-SP-15 would be maintained; that the transportation circulation of the property may be revised. Mayor Hogle requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Hogle stated that neither the Applicant nor the City has any rebuttal. Mayor Hogle requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4318 by title only On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4318 on first reading. Commissioner Quillin stated that the proposed project will be aesthetically pleasing and will be a positive contribution to Fruitville Road as a visible gateway to Downtown; that additional developments which augment Fruitville Road are desired and encouraged. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Hogle, yes; Martin, yes; Mason, yes; Palmer, yes. 11. CITIZENS' INPUT - DIRECTED THE ADMINISTRATION TO PREPARE A REPORT CONCERNING THE STATUS OF THE MEDICAL AND DENTAL INSURANCE PROGRAM (AGENDA ITEM V) #1 (3560) through #2 (0085) Charles Senf, 2346 Pelican Drive (34237), came before the Commission and stated that he previously addressed the Commission concerning the proposed revisions to the City's Personnel Rules and Regulations; that the input of City employees should be solicited in the process to revise the Personnel Rules and Regulations; that City employees have served the City with dedication for a long time and should have a voice in defining the Personnel Rules and Regulations. Mr. Senf continued that during consideration of the proposed budget for fiscal year (FY) 2001/02, the Administration indicated the City's Medical and Dental Insurance Program is in a crisis situation; that the status of the City's Medical and Dental Insurance Program should be reported regularly to the Commission; that any crisis could have been averted if regular status reports had been provided to the Commission; that City employees have not been informed of the status of the Medical and Dental Insurance Program; that many City employees have indicated no knowledge of the crisis; that City employees should be formally notified the Medical and Dental Insurance Program is in jeopardy; that the City may require employees to pay for participation in the Medical and Dental Insurance Program; that rumors should be avoided if possible; that the Commission should immediately address the funding of the Medical and Dental Insurance Program; that many of the City's retirees served for over 30 years; that the understanding was participation in the Medical and Dental Insurance Program would be funded by the City; that ensuring adequate funding of the Medical and Dental Insurance Program is as important as ensuring the Van Wezel Performing Arts Hall (VWPAH) and Ed Smith Stadium are funded; that the City's employees are valuable assets to the local community. Mayor Hogle stated that the Medical and Dental Insurance Program will be funded and is not in jeopardy; that hearing no objections, the consensus of the Commission is to direct the Administration to prepare a report concerning the status of the Medical and Dental Insurance Program. 12. UNFINISHED BUSINESS: STATUS REPORT RE: UPDATE ON THE CITY MANAGER SEARCH = REPORT PROVIDED (AGENDA ITEM VI-1) #2 (0085) through (0365) City Auditor and Clerk Robinson referred to a July 11, 2001, memorandum from City Attorney Taylor and City Auditor and Clerk Robinson to the Commission concerning the City Manager Search and stated that the deadline for applications for the position of City Manager was July 6, 2001; that DMG-Maximus (DMG) received 87 applications, of which 26 merited further consideration; that DMG will select 15 of the 26 applications for the Commission's consideration; that the 15 applications will be sent to the City via overnight delivery on July 2.7, 2001; that he will deliver BOOK 49 Page 21496 07/16/01 6:00 P.M. BOOK 49 Page 21497 07/16/01 6:00 P.M. the applications to Commissioners on July 28, 2001; that an August 1, 2001, Special Commission meeting is scheduled for the Commission to select five or six applicants to interview for the position of City Manager; that a representative of DMG will meet with Commissioners in individual sessions on July 31 and August 1, 2001, to discuss the applications prior to the August 1, 2001, Special Commission meeting; that on July 31, 2001, DMG will only be available to meet with Commissioners in the evening. Commissioner Quillin stated that she would prefer to meet with DMG the evening of July 31, 2001. Commissioner Palmer stated that she would also prefer to meet with DMG the evening of July 31, 2001. City Auditor and Clerk Robinson stated that a schedule will be developed with DMG for individual Commissioner meetings; that a 6 p.m., July 30, 2001, Special Commission meeting and a 2 p.m. July 31, 2001, joint meeting of the City Commission and the Sarasota Board of County Commissioners (BCC) are also scheduled; that the five or six candidates selected by the Commission will be scheduled to arrive in the City on Thursday, August 16, 2001; that candidate interviews with individual Commissioners will be scheduled for August 16 and 17, 2001; that tours of the City will be provided for each candidate; that a public reception for the candidates will be held the evening of August 17, 2001, at the Van Wezel Performing Arts Hall (VWPAH) ; that the general public is welcome; that invitations will be provided to community organizations; that an advertisement will be placed in the Sarasota Herald-Tribune to notify the public of the reception; that interviews with the entire Commission and each candidate will be conducted at the August 19, 2001, Special Commission meeting, at which time a selection for the new City Manager can be made if desired. Commissioner Palmer asked the scheduled time for the August 19, 2001, Special Commission meeting? City Auditor and Clerk Robinson stated that a specific time has not yet been determined; however, the meeting will begin in the morning, probably at 9 a.m.i that Commissioners may desire to visit the location of the selected candidate's current jurisdiction; that an on-site visit could be scheduled one week after the new City Manager is selected; that a contract with the new City Manager should be negotiated as soon as possible; that the selected candidate may have to provide a current employer 30 days notice; that a new City Manager could assume the administration of the City by October 1, 2001. Mayor Hogle asked if representatives from the Downtown Association of Sarasota, Inc. (Downtown Association), the Coalition of City Neighborhood Associations (CCNA), the Greater Sarasota Chamber of Commerce, and other community organizations will receive invitations to the August 18, 2001, reception at the VWPAH? City Auditor and Clerk Robinson stated yes; that Commissioners may submit the names of any community organizations which should receive invitations to the Office of the City Auditor and Clerk. Commissioner Quillin stated that local business organizations and associations should be invited; that representatives from Sarasota County should also be invited. Mayor Hogle concurred and stated that County Commissioners and the County Administrator should receive invitations; that City Commissioners were invited to the reception at the time the current County Administrator was selected; that the BCC could provide valuable input regarding the selection of the new City Manager. Commissioner Quillin asked if a background check will be conducted for each candidate prior to forwarding the applications to the City? City Auditor and Clerk Robinson stated that DMG will conduct a partial background check prior to forwarding the applications to the City. Commissioner Quillin stated that on-site visits should occur prior to selecting a new City Manager; however, on-site visits may not be necessary. Commissioner Palmer stated that an on-site visit was conducted after City Manager Sollenbérger was selected; that the applicants should be interviewed prior to conducting any on-site visits; that an on-site visit may not be necessary; however, an on-site visit is usually conducted after a new City Manager is selected to ensure the choice was merited; that conducting five on-site visits is not feasible; that further on-site visits could be conducted if the outcome of the on-site visit to the jurisdiction of the selected City Manager was not favorable; that the necessity for an BOOK 49 Page 21498 07/16/01 6:00 P.M. BOOK 49 Page 21499 07/16/01 6:00 P.M. on-site visit could be determined as the process to select a new City Manager progresses. Commissioner Martin stated that further research regarding the five or six final candidates may be desired; that an example of further research could include newspaper articles concerning each candidate's performance in a jurisdiction; and asked if DMG will provide further advice and research concerning the five or six final candidates? City Auditor and Clerk Robinson stated that providing further research concerning the five or six final candidates will be discussed with DMG. 13. UNFINISHED BUSINESS: APPROVAL RE: SITE SELECTION FOR RECLAIMED WATER AQUIFER STORAGE AND RECOVERY (ASR) TEST WELL AND MONITOR WELL SYSTEM APPROVED PROCEEDING WITH PERMITTING AN ASR PILOT WELL AND MONITOR WELL SYSTEM AT THE PROPOSED CENTRAL SITE IN PAYNE PARK (AGENDA ITEM VI-3) #2 (0365) through (1571) William Hallisey, Director of Public Works, Douglas Taylor, Deputy Director of Public Works, and Peter Putnam, Hydrogeologist, Post, Buckley, Schuh and Jernigan, Inc. (PBS&J), came before the Commission. Mr. Hallisey distributed copies of and displayed computer- generated slides throughout the presentation and stated that the City's urban reuse system provides reuse water to the City's water customers; that approximately 60 percent of the available reuse water is used; that the remaining 40 percent of reuse water is unused; that a goal is to determine a method to store the excess reuse water; that the current preferred method to store excess reuse water is the aquifer storage and recovery (ASR) system; that the reuse water is treated to potable standards prior to injection into an aquifer which does not contain potable water; that the State has discussed the storage of runoff water from rivers and streams in aquifers; that the City will not be storing runoff water from rivers and streams; that only highly-treated reuse water would be stored in an aquifer; that the benefits of the ASR system will allow the City to provide reuse water to all local neighborhoods and to sell to other urisdictions; that reuse water represents a valuable commodity; that Staff previously proposed installing an ASR pilot well at Payne Park; that the Commission directed Staff to reinvestigate potential locations in the City for the ASR pilot well; that Staff has conducted a thorough investigation as directed; that other locations could be considered for the ASR pilot well; that the Staff recommendation is to still locate the ASR pilot well at Payne Park; that other locations are feasible. Commissioner Quillin asked the reason the Commission did not receive copies of the presentation with the Agenda backup material? Mr. Hallisey stated that the presentation consists mostly of pictures, should not be considered a report, and does not contain narratives for the pictures. Commissioner Quillin asked if the same presentation was provided to the Parks, Recreation and Environmental Protection Advisory Board (PREPAB) ? Mr. Taylor stated yes; that unfortunately, only three PREPAB members were present for the presentation; that PREPAB has reviewed potential locations for the ASR pilot well twice. Mayor Hogle asked the current use of the excess reuse water? Mr. Hallisey stated that approximately 60 percent of the City's reuse water is utilized primarily for irrigation and also agricultural use; that the remaining 40 percent of reuse water is not utilized and is discharged into Sarasota Bay; that the reuse water is highly treated; that the discharged reuse water is properly regulated and permitted; that the City is losing a valuable commodity; that the reuse water could be stored and utilized during the dry season. Mr. Taylor referred to displayed computer-generated slides of possible sites for the ASR test well throughout the presentation and stated that the process for examining and selecting locations for the ASR pilot well will be presented; that all City-owned properties were examined; that the size and utility of each City- owned property were initially examined; that first criteria utilized was if a property was located near a potable water aquifer, which cannot be utilized for the ASR system; that an ASR well cannot be located within one mile of a potable water aquifer; that as a result, all City-owned properties located within one mile of a potable water aquifer were eliminated from consideration; that an ASR well cannot be located upgrade or uphill from a potable water aquifer; that the majority of the City's sources of potable water are located in north Sarasota; BOOK 49 Page 21500 07/16/01 6:00 P.M. BOOK 49 Page 21501 07/16/01 6:00 P.M. therefore, any City-owned properties in north Sarasota were eliminated from consideration for an ASR well to ensure mixing with potable water does not occur; that Staff examined potential locations in the southern and western areas of the City; that the second criteria was proximity to an existing reuse transmission main; that the intent is to locate the ASR pilot well as close to a reuse water main as possible to facilitate use; that potential locations for the ASR pilot well to which expansion of the urban reuse system is desired were also examined; that Bayfront Park, Luke Wood Park, and Payne Park were selected according to the criteria. Mr. Taylor continued that the required construction area for the ASR pilot well is approximately 150 by 150 feet; that the footprint for the actual ASR pilot well is only 60 by 8 feet; that sufficient space is required to maneuver the drill and to install the piping; that the underground injection system requires multiple pipe casings; that a very large hole must be drilled initially to facilitate the installation and permitting of the ASR pilot well; that monitor wells must also be installed for the ASR pilot well; that the monitor wells assess the water quality of the aquifer receiving the treated reuse water; that two monitor wells will be located within the 150-by-150-foot construction area for the ASR pilot well; that a third monitor well must be located between 500 and 750 feet from the ASR pilot well at the outer boundaries of the targeted aquifer; that the distant monitor well is utilized to monitor external conditions for the ASR pilot well. Mr. Taylor referred to display computer-generated slides of aerial photographs of preferred locations and further stated that the required 150-by-150-foot area was imposed upon the photographs of the preferred locations; that a suitable area at Bayfront Park is located just south of City Lift Station No. 16; that the 150-by- 150-foot area represents the required construction area for the ASR pilot well; that the distant monitor well could be located at the northernmost point of Bayfront Park; that Bayfront Park is the most confined location with the least amount of available space; that many oak and palm trees are located in the required area but would be protected; that Luke Wood Park consists of approximately five acres of property; that the southern portion of Luke Wood Park would be utilized; that US 41 runs along the north boundary; that the southern portion of Luke Wood Park is bounded by the Central Park Condominiums to the south; that sufficient space exists at Luke Wood Park to construct the ASR pilot well and the distant monitor well; however, the Florida Department of Transportation (FDOT) is planning to widen US 41 to three lanes through Luke Wood Park; that a large open area exists at Luke Wood Park; that only a few trees will be affected by the construction of the ASR pilot well but would be protected. Mr. Taylor stated further that two potential locations for the ASR pilot well are preferred for Payne Park; that the first potential site at Payne Park is called the central site and is located immediately west of East Avenue and south of the Sarasota Mobile Home Park (SMHP) Auditorium; that the second potential site is called the northeast site and is located in the northeast corner of Payne Park; that the two sites could be utilized for the either the ASR pilot well or the distant monitor well; that Payne Park consists of approximately 30 acres of property; that the ASR pilot well could be located at many sites within Payne Park; that the central site is located near a large grove of oak trees which will not be removed after the SMHP is closed and could conceal the ASR pilot well; that the northeast site is located at a far corner of Payne Park and will probably not be changed significantly after the SMHP is closed; that nearest mobile home is located approximately 75 feet from the required construction area at the central site; that six mobile homes are located within 200 feet of the boundary of the central site; that the northeast site is located near the Sarasota County parking garage, the Sarasota Criminal Justice Center, and the Ringling Shopping Center; that the nearest mobile home is located approximately 200 feet from the boundary of the northeast site. Mr. Taylor referred to displayed computer-generated slides of photographs of the required construction equipment and the proposed ASR pilot well and stated that a rotary drilling rig will be utilized to perform the required drilling for the ASR pilot well; that a cable-tool drilling rig generates significant noise and will not be utilized; that a rotary drilling rig utilizes a diesel engine to perform the required drilling; that the ASR pilot well requires a 60-by-8-foot footprint upon completion and could be painted any color; that during construction, the required drilling will only be conducted during daylight hours; that care will be exercised not to disturb nearby neighborhood residents; that fencing or landscaping could be installed to conceal the ASR pilot well; that the ASR pilot well could be installed below ground if desired; that City Lift Station No. 7 serves as an example of potential landscaping and fencing which could be utilized to conceal the ASR pilot well; that Lift Station No. 7 is located at the intersection of Pomelo Avenue at Pomelo Place, is concealed by a tall stockade fence, and is aesthetically landscaped. BOOK 49 Page 21502 07/16/01 6:00 P.M. BOOK 49 Page 21503 07/16/01 6:00 P.M. Mr. Taylor referred to a displayed computer-generated slide of a matrix indicating an assessment of suitable water quality, available land area, impact to resident flora, access for construction, impact on adjacent properties, and proximity to a reuse transmission main and continued that all of the preferred locations possess the appropriate groundwater quality according the Florida Department of Environmental Protection (DEP) ; that Bayfront Park possesses a limited available land area; that Luke Wood Park has adequate available land area; that multiple locations are available at Payne Park; that locating the ASR pilot well at Bayfront or Luke Wood Parks would negatively impact the existing flora and landscaping; that a similar negative impact would not occur at Payne Park; that a suitable construction area is limited at Bayfront Park, adequate at Luke Wood Park, and good at Payne Park; that adjacent property owners would be similarly affected at either Bayfront Park, Luke Wood Park, or Payne Park; that all of the preferred sites are located close to a reuse transmission main; that the City is already planning to expand the urban reuse system to Payne Park for development as a park after the SMHP is closed; that the urban reuse system will be expanded to Payne Park regardless of the installation of an ASR pilot well. Mr. Hallisey referred to a displayed computer-generated slide of the proposed construction schedule for the ASR pilot well and stated that the City is currently engaged in the permitting phase for an ASR pilot well; that the City must specify a site for the ASR pilot well to receive authorization to proceed with the design phase; that Payne Park is the recommended site for the ASR pilot well; that the PREPAB was provided the same presentation and recommended the central site at Payne Park as the preferred site for the ASR pilot well. Commissioner Quillin stated that ASR wells will eventually be installed at many locations in the City and are supported; however, the indication is in the future an ASR well will be installed at the Bayfront; that installing an ASR well at the Bayfront is not supported; that more sites in the City should have been presented. Mr. Hallisey stated that the sites which were located close to a reuse transmission main and the saltwater interface were examined; that additional sites will be examined as the ASR system is further developed; that the ASR pilot well will demonstrate the minimal impact of the ASR system on a surrounding community; that some utility facilities must be located in neighborhoods; that Public Works Staff will endeavor to conceal the utility facilities in an aesthetically pleasing manner; that Payne Park consists of approximately 30 acres; that many locations at Payne Park exist in which the ASR pilot well could be concealed from the public view; that the 150-by-150-foot area represents only the required construction area; that the Einished ASR well will only consume a 60-by-8-foot area and can be easily concealed; that locating an ASR well at Bayfront Park will require further examination and public input; that Bayfront Park is not an ideal location but is suitable for an ASR well; that the City will eventually expand the urban reuse system and the ASR system to many areas; that an ASR well cannot be located in north Sarasota due to the potential interference with the potable water supply. Commissioner Quillin asked if the Bobby Jones Golf Complex (BJGC) was examined as a potential location for the ASR pilot well? Mr. Hallisey stated yesi however, the BJGC is already utilized as a reserve well field for the City's potable water supply; that as a result, an ASR well cannot be installed at the BJGC. Commissioner Quillin stated that the ASR pilot well could be painted in an aesthetically pleasing or interesting scheme such as to resemble a giant worm; that the ASR pilot well will be located at a City park; that a concern is the security near the ASR pilot well; that children could potentially play near the well; that vandalism could also result to the ASR pilot well. Mr. Hallisey stated that only a small portion of the required equipment will be located above ground; that the above-ground equipment consists of piping, a pump, and a secured electrical box; that vandalism or damage is not a concern; that vandalism does not occur to similar City wells. Commissioner Quillin asked the number of City wells located in City parks? Mr. Hallisey stated that a few City wells are located at public sites; that a well is located near the intersection of 18th Street and Orange Avenue immediately adjacent to a park; that vandalism has occurred in the area but not to the City well; that Staff will examine any potential security concerns. Commissioner Quillin stated that the ASR pilot well should be interfaced into the selected park without erecting any fencing; that the central site at Payne Park is located near a pond, flora, BOOK 49 Page 21504 07/16/01 6:00 P.M. BOOK 49 Page 21505. 07/16/01 6:00 P.M. and the SMHP auditorium; and asked if locating an ASR pilot well at the central site in Payne Park could interfere with any future expansion of the SMHP auditorium? Mr. Hallisey stated that ASR pilot well could be located within the central site without interfering with any potential expansion of the SMHP auditorium; that SMHP Staff will be consulted concerning the potential for the expansion of the SMHP auditorium; that sufficient space exists at Payne and Luke Wood Parks to locate the ASR pilot well in a variety of configurations. Commissioner Quillin stated that the SMHP will be closed soon; that Payne Park will be expanded; that a master plan should be conducted for Payne Park; that Payne Park must have multiple uses. Commissioner Martin asked if the finished footprint of the ASR pilot well will consist of a 60-by-8-foot area? Mr. Hallisey stated yes. Commissioner Martin asked if a landscaped or fenced 60-by-100-foot area will be required to provide adequate protection for the ASR pilot well? Mr. Hallisey stated no; that only a 60-by-8-foot area will be required to provide adequate protection for the ASR pilot well. Commissioner Martin stated that fencing should not conceal the ASR pilot well; that the ASR system is a significant project; that the ASR pilot well should be open for public viewing; that signage which includes public information regarding the ASR system should be installed near the ASR pilot well; that the ASR pilot well could be painted to become a public artwork; that the ASR pilot well should either be installed below the ground for complete concealment or should be an item of public interest; that locating the ASR pilot well at Payne Park is supported; that a master plan should be prepared for Payne Park; however, the ASR pilot well should be located in an area which will not interfere with a master plan; that the central site is preferred; and asked if the central site will negatively impact the nearby trees or flora? Mr. Hallisey stated that the nearby trees or flora will not be negatively affected by the installation of an ASR pilot well at the central site. Richard Sheldon, 526 South Osprey Avenue (34236), came before the Commission and stated that Staff's presentation was thorough; that four wells will be installed; that the first well will be the ASR pilot well; that three monitoring wells will also be installed; that the wells should be painted in an interesting and creative manner; that the ASR pilot and monitoring wells could be aesthetically pleasing; that constructing an ASR pilot well is supported. City Manager Sollenberger stated that the Administration recommends the Commission approve proceeding with permitting an ASR pilot well and monitor well system at the central site in Payne Park. On motion of Commissioner Martin and second of Vice Mayor Mason, it was moved to approve proceeding with permitting an aquifer storage and recovery (ASR) pilot well and monitor well system at the proposed central site in Payne Park. Commissioner Martin stated that the ASR pilot well should be sited appropriately and should be aesthetically pleasing. Commissioner Palmer concurred and stated that the ASR pilot well should be painted in an artistic and creative manner; that additional ASR wells will be constructed if the ASR pilot well is successfully permitted; that the ASR pilot well will serve as a prototype for future ASR operations; that the public should be informed of the ASR system, which will promote water conservation. Mayor Hogle stated that the Commission should be provided regular status reports concerning the construction, painting, and permitting of the ASR pilot well; that the presentation was thorough and is appreciated. Commissioner Quillin stated that the ASR pilot well should be artistically painted or decorated; that the ASR pilot well will serve as the prototype in the City and will be utilized as the example for constructing future ASR wells including those in City neighborhoods; that citizens may accept the construction of future ASR wells in the City's neighborhoods if the ASR pilot well is perceived as successful and aesthetically pleasing; that Staff's presentation was thorough and was appreciated; that the location of the ASR pilot well should be incorporated into a master plan for Payne Park; that citizens will examine the ASR pilot well and may have many questions concerning the ASR system and future expansion; that the public should be educated BOOK 49 Page 21506 07/16/01 6:00 P.M. BOOK 49 Page 21507 07/16/01 6:00 P.M. concerning the ASR system; that expanding the ASR system is necessary to conserve water. Mayor Hogle called for a vote on the motion to approve proceeding with permitting an aquifer storage and recovery (ASR) pilot well and monitor well system at the proposed central site in Payne Park. Motion carried unanimously (5 to 0): Hogle, yes; Martin, yes; Mason, yes; Palmer, yes, Quillin, yes. 14. UNFINISHED BUSINESS: DISCUSSION RE: CLOSURE OF ORANGE AVENUE DURING BOOKER HIGH SCHOOL (BHS) HOURS - APPROVED AGREEMENT DEVELOPED BY THE SARASOTA COUNTY SCHOOL BOARD AND THE AMARYLLIS PARK NEIGHBORHOOD ASSOCIATION FOR THE CLOSURE OF ORANGE AVENUE AT BHS DURING SCHOOL HOURS (AGENDA ITEM VI-4) #2 (1571) through (2030) City Manager Sollenberger stated that representatives of the Sarasota County School Board (School Board) and the Amaryllis Park Neighborhood Association (APNA) are present in the audience to respond to questions if desired; that Staff will provide a presentation of the plans to close a portion of Orange Avenue at Booker High School (BHS). Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that members of APNA and School Board Staff worked together to develop an agreement to close a portion of Orange Avenue at BHS for the crossing of students during school hours; and referred to.a June 22, 2001, Agreement between the School Board and APNA included in the Agenda backup material indicating the following provisions of the Agreement: 1. The School Board will provide transportation for students living east or west of US 301 and continue current crossing safety procedures for students required to cross US 301. 2. Signs and flashing lights will be requested on Orange Avenue to alert drivers that students are in school and crossing the street. 3. The City will be requested to change the speed limit on Orange Avenue near BHS to 15 miles per hour (mph) during school hours. 4. A school crossing guard will be available and have hand-operated controls to change crosswalk light patterns on Orange Avenue. 5. A moveable gate system which is functional and aesthetically acceptable to APNA and the School Board and conforming to City regulations will be designed and installed. 6. The School Board and APNA agree to meet and review the Agreement at the close of the first semester of the 2001-2002 school year. 7. The proposed gate opening and closing times will be modified as follows: Times Gates 6:45 a.m. to 7:45 a.m. Closed 7:45 a.m. to 1:30 p.m. Open 1:30 p.m. to 2 p.m. Closed 2 p.m. for Rest of Day Open Mr. . Daughters stated that Staff's recommendation is to approve all seven items in the Agreement; that the Agreement provides the School Board will bus students living on the east side of US 301 to BHS; that signs and flashing lights will be installed on Orange Avenue; that the timing of the lights will be coordinated with the changing of the speed limit of Orange Avenue to 15 mph; that the speed limit has already been changed to 15 mph on Orange Avenue near BHS which will continue in accordance with the State Statute which provides the reduced speed zone can begin 30 minutes prior to and conclude 30 minutes after school hours; that a school crossing guard will be available on Orange Avenue with hand-operated controls to change crosswalk light patterns; that the City will provide the hand operated controls to the school crossing guards. Mr. Daughters continued that a moveable gate system which is functional and aesthetically acceptable to APNA and the School Board will be designed in accordance with criteria established by the City; that gates currently exist but may be aesthetically improved; that Staff will review the proposed gate plans for compatibility with the safety of the traveling public; that the School Board and APNA will review the agreement at the close of the first semester of the 2001-2002 school yeari that the results will be presented to the Commission; that the gate opening and closing times will be modified if necessary; that the gate was closed from 6:45 a.m. to 2:00 p.m. during the 2000-2001 school year; that the proposal is to close the gate in BOOK 49 Page 21508 07/16/01 6:00 P.M. BOOK 49 Page 21509 07/16/01 6:00 P.M. the morning and afternoon as students arrive at and depart from school but to open the gate during other hours; that Staff concurs with all items in the Agreement; that the recommendation is the Agreement be approved and the School Board pay for Item Nos. 1, 2, 4, and 5; that Item Nos. 3, 6 and 7 do not have a cost. Mayor Hogle asked if the Superintendent of Schools for Sarasota County (School Superintendent) signed the Agreement? Mr. Daughters stated yes; that City Staff did not participate in the meetings between the School Board and APNA and does not know who attended the meetings; however, the understanding is the School Superintendent attended the meetings. Commissioner Martin stated that Item No. 3 concerns the enforcement of the 15-mph speed limit 30 minutes prior to students arriving for a scheduled breakfast program or school; that 30 minutes prior to the breakfast program to the opening of school seems an extensive amount of time; and asked the length of time the gate will be closed in the morning hours? Mr. Daughters stated that the Closure will be as indicted in the Agreement under Item No. 7; that the State Statute provides the speed limit is enforced 30 minutes before students begin arriving at school and continues until 30 minutes after school is Closed; that all school speed zones in the City have similar criteria; that the Public Works Department adjusts the flashing lights each year as school times change. Commissioner Quillin stated that the Agreement is supported; that Staff has worked diligently to assure the safety of students crossing Orange Avenue at BHS; that APNA's working with the School Board has achieved a good conclusion; that the work of Staff, APNA, and the School Board is appreciated. Mr. Daughters stated that credit should go to APNA and the School Board. Mayor Hogle stated that no one has signed up to speak. Vice Mayor Mason stated that the work of all parties involved is appreciated; that APNA is a group which was loosely formed initially; that the closure of Orange Avenue at BHS brought APNA, the School Board, the National Association for the Advancement of Colored People (NAACP), and BHS Staff together; that the issue initially divided the community; that the residents of the Amaryllis Park Neighborhood decided the closure of Orange Avenue at BHS was a worthy cause; that the Commission made the decision to Close Orange Avenue at BHS; however, the residents of the Amaryllis Park Neighborhood initiated a review of the project; that the Agreement indicates the high level of achievement possible as people work together for a common cause; and thanked APNA. Mayor Hogle concurred and stated that the School Superintendent is thanked. City Manager Sollenberger stated that the Administration recommends approving all seven items in the Agreement and requiring the Sarasota County School Board to pay for Item Nos. 1, 2, 4, and 5. On motion of Vice Mayor Mason and second of Commissioner Quillin, it was moved to approve all seven items in the Agreement and require the Sarasota County School Board pay for Item Nos. 1, 2, 4, and 5. Commissioner Palmer stated that the comments of all Commissioners are supported. Commissioner Quillin stated that Vice Mayor Mason is thanked; that the Amàryllis Park Neighborhood is fantastic; that an APNA meeting was attended; that APNA's efforts are appreciated. Commissioner Palmer stated that the Amaryllis Park Neighborhood was visited during the campaign for a seat as Commissioner At-Large; that the closure of Orange Avenue at BHS was discussed significantly; that the hope is the issue has been resolved to the satisfaction of all parties. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. BOOK 49 Page 21510 07/16/01 6:00 P.M. BOOK 49 Page 21511 07/16/01 6:00 P.M. 15. UNFINISHED BUSINESS: DISCUSSION RE: HISTORIC PRESERVATION PROGRAM STAFFING - APPROVED LOCATING HISTORIC PRESERVATION PROGRAM STAFF AT THE CITY'S PLANNING DEPARTMENT AND AGREED TO REMOVE A DISCUSSION CONCERNING HISTORIC PRESERVATION FROM THE AGENDA OF THE JULY 31, 2001, JOINT MEETING BETWEEN THE CITY COMMISSION AND THE SARASOTA BOARD OF COUNTY COMMISSIONERS (AGENDA ITEM VI-5) #2 (2030) through (2310) City Manager Sollenberger stated that recommendations concerning program staffing for historic preservation will be provided by Staff. Jane Robinson, Director of Planning, and John Burg, Chief Planner, Planning Department, came before the Commission. Ms. Robinson stated that a number of issues relating to implementation of the proposed Historic Preservation Chapter for the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), have been examined; that the Historic Preservation Committee is a committee including representatives of the City's Historic Preservation Board and was established to consider historic preservation efforts in the City and the County; that the Historic Preservation Commission and Staff have prepared budgets outlining proposed expenditures over the next several years to implement the proposed Historic Preservation Chapter; that the proposed budgets were discussed at the May 21, 2001, Commission workshop; that both proposed budgets provided for a full-time, professional-level staff member plus half-time administrative support; that a number of discussions subsequent to the May 21, 2001, Commission workshop concerned alternatives for the physical and organizational placement of potential historic preservation Staff in the City and County. Ms. Robinson referred to a July 9, 2001, memorandum to the Commission from the Planning Department included in the Agenda backup material regarding historic preservation staffing; and stated that locating historic preservation Staff in the City rather than the County has advantages and disadvantages; that the benefits of locating a Staff member at the City rather than the County outweigh the disadvantages for practicality and accountability; that the recommendation is to locate historical preservation Staff at the City. Mr. Burg stated that the addition of historic preservation Staff was discussed at the July 12, 2001, Historic Preservation Board meeting; that the Historic Preservation Board unanimously voted to recommend locating additional historic preservation Staff at the City's Planning Department. City Manager Sollenberger stated that the Planning Department had originally considered working with the County concerning historic preservation; that a discussion concerning the City and County's historic preservation efforts is scheduled for the July 31, 2001, joint meeting of the City Commission and the Sarasota Board of County Commissioners (BCC) ; that the discussion is timely; that the Administration recommends approving a motion to locate Staff at the City's Planning Department if the budget including new Staff for the City's historic preservation program is approved; that funding has not yet been provided in the budget for the new Staff; that the Historic Preservation Chapter of the City's Comprehensive Plan will likely be authorized by the Department of Community Affairs (DCA) in June 2002; that the recommendation is to commence a search for a qualified historic preservation planner at that time in anticipation of including the positions in the fiscal year (FY) 2002/03 budget; that Staff's recommendation is supported; that the discussion scheduled for the July 31, 2001, joint meeting with the BCC can be removed from the Agenda if desired. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to locate historic preservation Staff at the City's Planning Department and remove a discussion concerning historic preservation from the Agenda of the July 31, 2001, joint meeting of the City Commission and the Sarasota Board of County Commissioners. Commissioner Palmer stated that locating historic preservation Staff at the City was not supported initially but is currently supported after discussion; that having a single Historic Preservation Board shared between the City and County is a concern; that the City and County historic preservation advisory boards should not be consolidated; that the intent of the motion is to locate the City's historic preservation efforts at the City and not consider the possibility of joining the City and County historic preservation advisory boards; that the City's Historic Preservation Board should be retained. Commissioner Quillin stated that historic preservation Staff could be located in the Planning Department but could also be appropriately located in the Department of Neighborhoods; that à BOOK 49 Page 21512 07/16/01 6:00 P.M. BOOK 49 Page 21513 07/16/01 6:00 P.M. portion of historic preservation information and inventories will be derived from the Department of Neighborhoods; and asked if the historic preservation Staff should be full time? Ms. Robinson asked if the question relates to the hiring of a Staff member who has a background in historic preservation? Commissioner Quillin stated yes. Ms. Robinson stated that the duties of historic preservation Staff will unfold as the Historic Preservation Chapter is written; that historic preservation Staff may be conducting a high level of promotion and marketing, soliciting designations, or dealing with neighborhood preservation issues. Commissioner Quillin stated that historic preservation Staff could also write grants. Ms. Robinson stated that the idea is good. Mayor Hogle stated that the City should control its destiny by controlling the future of historic buildings. Commissioner Palmer stated that the City can control the future by controlling the past. Mayor Hogle called for a vote on' the motion to locate historic preservation Staff in the City's Planning Department and remove a discussion concerning historic preservation from the Agenda of the July 31, 2001, joint meeting of the City Commission and the Sarasota Board of County Commissioners. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 16. UNFINISHED BUSINESS: APPROVAL RE: : PCL CONSTRUCTORS, INC. - PROPOSAL FOR A MODIFICATION TO THE BARRIER RAIL SYSTEM FOR THE RINGLING CAUSEWAY BRIDGE REPLACEMENT - APPROVED THE PROPOSAL BY PCL CONSTRUCTORS, INC., FOR A MODIFICATION TO THE BARRIER-RAIL SYSTEM AND THE OFFER TO CONTRIBUTE $150,000 TO THE CITY TO SUPPLEMENT LANDSCAPING (AGENDA ITEM VI-6) #2 (2310) through (3094) Mayor Hogle stated that Agenda Item VI-6 regarding the John Ringling Causeway Bridge replacement was added to the Agenda to present a potential modification to the barrier-rail system and provide scheduling information. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Commission had a July 16, 2001, workshop concerning the proposed barrier-rail system so details will not be presented; that the Florida Department of Transportation (FDOT) decided to have the John Ringling Causeway Bridge replacement constructed utilizing a design-build approach; that PCL Constructors, Inc. (PCL) was selected for the construction and engineering of the project; that work will begin in the near future; that a schedule will be presented; that a previous proposal was for a metal guard-rail system for the John Ringling Causeway Bridge replacement; that FDOT agreed with the City's recommendation for the metal guard- rail system; that the criteria concerning accessibility regarding the guard-rail system have changed; therefore, PCL recommended a modification to the barrier-rail system at the July 16, 2001, Commission workshop. David Whaley, Project Director, and Patrick Malone, Construction Manager, PCL, came before the Commission. Mr. Whaley stated that the opportunity to participate in the July 16, 2001, Commission workshop was appreciated; that the hope is the design enhancement suggested will be approved. Mr. Whaley referred to displayed computer-generated slides throughout the presentation including the initial artist's rendering of the bridge proposed through the design charrette and by FDOT during the design-build processi that PCL has resources from all over North America; that PCL is a civil, commercial, and industrial contractor; that the Coral Springs, Florida, Office of PCL is a civil engineering office primarily focusing on bridge construction. Mr. Whaley referred to a slide of segmental bridges recently completed in other areas; and stated that PCL has been in the Florida market in the civil arena for 15 years and the commercial arena for longer; that PCL has completed more than 70 FDOT projects; that PCL is familiar with the quality and detail expectations of FDOT and can deliver a quality product in the City. Mr. Whaley continued that the John Ringling Causeway Bridge replacement project has a 29-month delivery schedule which is aggressive but can be satistactorily met; that the contract value is just over $56 million of the $67 million previously published; that the labor component is $600,000 in staff time BOOK 49 Page 21514 07/16/01 6:00 P.M. BOOK 49 Page 21515 07/16/01 6:00 P.M. represented in off-site pre-cast fabrication and on-site labor; that one million cubic feet of concrete, nine million pounds of reinforcing steel, and 470 miles of internal cabling will be used; that post tensioning is the internal structural system for the bridge. Mr. Malone stated that nine-foot caissons will be used for construction; that two caissons will be placed at each pier location; that 1,400 feet of new piling will be installed; that 5,000 cubic yards of new concrete will be poured on the caissons to create large columns; that the pre-cast elements will be brought onsite and added to the structure; that test drilling will begin on August 1, 2001; that the caissons will begin production in November 2001; that lane-shift disturbance due to construction will begin in November 2001; that pier construction will begin in December 2001; that casting for the pre-cast segments will begin in November 2001; that a significant portion of the project will be in progress prior to 2002; that the pre-cast segments will be placed in April 2002; that the project will be completed in December 2003 which is 29 months from commencement. Mr. Malone continued that concerned groups in the area will be identified and local meetings will be attended; that information from the project site will be published in brochures distributed throughout the community; that a web site will be developed in August 2001 for the community to provide comments and receive information; that the hours of operation for construction of the project will be between 7 a.m. and 5 p.m., Monday through Friday; that an office has not yet been established in the City but soon will be. Commissioner Martin stated that caissons are not typical pile drivers and are more quiet; however, noise and transportation should be addressed. Mr. Malone stated that a method of constructing the foundations has been chosen which is not the typical impact pile-driving operation; that caissons are quieter; that the typical erosion-control fencing will be installed around the site; that protective covering and seeding will be utilized to control dust; that the mandate by FDOT is to keep four lanes open for traffic at all times; that the project will shift traffic away from construction. Commissioner Martin asked the arrangements for parking? Mr. Malone stated that parking will be maintained at the Tony Saprito Fishing Pier and Hart's Landing; that specific locations exist on the south side of the John Ringling Causeway Bridge which will be opened for parking as construction will take place on the north side. Commissioner Martin asked if Hart's Landing will be affected? Mr. Malone stated no; that access to Hart's Landing will be maintained; however, the configuration will be changed. Commissioner Quillin asked if the Tony Saprito Fishing Pier will be closed during construction? Mr. Malone stated no; that access to the Tony Saprito Fishing Pier will be maintained throughout construction. Commissioner Quillin stated that parking will not be available. Mr. Malone stated that parking will be available on the south side of the Tony Saprito Fishing Pier. Mayor Hogle stated that the proposed modification to the barrier-rail system will increase the view of Sarasota Bay from the bridge and is a slight value engineering which will save $150,000; that the funds can be utilized for enhanced landscaping of the parks at the landing ends of the bridge. Mr. Whaley stated that the modification to the barrier-rail system is an enhancement to the aesthetic virtue of the bridge as the barrier-rail system is lower and more uniform in appearance; that drivers in both lanes will have a better view of the City; that the modification has safety considerations; that the modification is beneficial from aesthetic, user, and safety perspectives; that $150,000 is available as the alternate barrier-rail system has a quicker installation, and is more economical due to the material selection; that the alternate barrier-rail system is virtually maintenance free. Mayor Hogle stated that no one has signed up to speak. City Manager Sollenberger stated that the Administration recommends approving the proposal by PCL for a modification to the barrier-rail system and the offer to contribute $150,000 to the City to supplement landscaping. BOOK 49 Page 21516 07/16/01 6:00 P.M. BOOK 49 Page 21517 07/16/01 6:00 P.M. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the proposal by PCL Constructors, Inc., for a modification to the barrier-rail system and the offer to contribute $150,000 to the City to supplement landscaping. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle stated that the construction schedule should be communicated to neighborhood associations, business associations, and the media; that a five-kilometer run is planned for the completion of the John Ringling Causeway Bridge replacement; that a ground-breaking fun run is planned for August 4, 2001, leaving the Gulfcoast Wonder & Imagination Zone (G.WIZ) area on Boulevard of the Arts and arriving at the Bird Key area. Commissioner Quillin stated that a brochure previously provided by PCL should be updated once PCL establishes a local office and telephone number. Mr. Whaley stated that the additional information will be provided; that current information concerning timing and scheduling will be posted on the proposed web site beginning in August 2001; that participation in the fun run is eagerly anticipated. 17. UNFINISHED BUSINESS: DISCUSSION RE: HYATT HOTEL CONDOMINIUM/ INTERIM CONSTRUCTION PARKING - APPROVED THE AMENDMENT TO THE HYATT HOTEL CONDOMINIUM/: INTERIM PARKING CONSTRUCTION PARKING AGREEMENT CONTINGENT UPON THE AGREEMENT OF THE SARASOTA QUAY AND THE PLAYERS THEATER, INC. (AGENDA ITEM VI-7) #2 (3094) through (3600) City Auditor and Clerk Robinson stated that Hotel Associates of Sarasota, Ltd. (Hotel Associates), the owner of the Hyatt Hotel complex, is requesting an amendment to the Hyatt Hotel Condominium/Interim Parking Construction Parking Agreement (Interim Parking Agreement). City Manager Sollenberger stated that the Administration supports the request for an amendment to the Interim Parking Agreement; that the City Attorney's Office has prepared the necessary documents for approval. Jeffrey Russell, Attorney, Abel, Band, Russell, Collier, Pitchford & Gordon, and Joel Freedman, AICP, President, Freedman Consulting Group, land planning consultant to the project, representing Hotel Associates, came before the Commission. Attorney Russell stated that the Interim Parking Agreement with the City allows the use of a portion of Payne Terminal for parking during construction of the Hyatt Hotel condominiums and parking garage; that the parking area will be used for valet and employee parking; that the Interim Parking Agreement contemplated an additional or alternate site may be located; that such a site has been located. Mr. Freedman referred to a displayed computer-generated map of the Renaissance of Sarasota Renaissance) property and indicated Cocoanut Avenue, Boulevard of the Arts, and Ninth Street which are the boundaries of the Renaissance site; and stated that the proposal is to utilize the site which was utilized during the construction of the Renaissance for parking; that the Renaissance site can accommodate 76 vehicles; that the Payne Terminal site accommodates 72 to 74 vehicles; that the Renaissance site is closer to the Hyatt Hotel condominium construction site and therefore superior to the Payne Terminal site and will require less use of US 41 during construction; that an arrangement has been made with the Wynnton Group, Inc. (Wynnton), which is the developer of the Renaissance; that use of the Renaissance site has been discussed with The Players Theater, Inc. (The Players), which will provide written approval. Mr. Freedman continued that representatives of Hotel Associates appeared before the Planning Board/Local Planning Agency (PBLP) in March 2001 and received site plan approval for a proposed parking garage and a 44-unit residential condominium; that the Commission approved an Interim Parking Agreement allowing the use of the Payne Terminal site for hotel employees and valet parking during construction of the Hyatt Hotel condominiums and parking garage; that the temporary parking is necessary to replace the on-site parking spaces displaced by construction activities; that an equivalent parking area is available on an undeveloped portion of the Renaissance project on the east side of US 41 north of the Hyatt Hotel complex; that the alternate parking location is logistically preferable to the Payne Terminal site and can be used by Hotel Associates immediately; that the Interim Parking Agreement provided an alternate site can be substituted with the approval of the Commission and BOOK 49 Page 21518 07/16/01 6:00 P.M. BOOK 49 Page 21519 07/16/01 6:00 P.M. subject to the same restrictions applicable to the Payne Terminal site; that the alternate location has been discussed with Staff who concurs the Renaissance site meets all applicable requirements in the Interim Parking Agreement. Attorney Russell stated that the City Manager and the City Attorney's Office were provided the Interim Parking Agreement amendment. Commissioner Palmer asked if the Unity Church of Sarasota (Unity Church) will have a conflict? Mr. Freedman stated that a buffer will be constructed for the Unity Church. Commissioner Palmer asked if a report will be returned to the Commission if the Interim Parking Agreement is altered in the future? Mr. Freedman stated yes; that the stipulation has been placed in the Agreement. Attorney Russell stated that any change in the location will require Commission approval. Commissioner Palmer asked the manner in which pedestrians will be transported? Mr. Freedman stated that shuttle vans will be utilized to transport pedestrians to and from vehicles. Commissioner Martin asked if the surface of the parking area at the Renaissance site is improved or unimproved? Mr. Freedman stated that the parking area is currently unimproved; however, the area will be grated and shell installed; that the area is solid and has been used for parking in the past. Commissioner Martin asked for clarification of the buffering for the Unity Church. Mr. Freedman stated that a five-foot strip will be used to meet the City's buffer requirement and will include a hedge and small accent trees. Commissioner Quillin stated that shuttle buses are supported; and asked if more space will be required for parking? Mr. Freedman stated that additional parking will not be required; that the parking area at the Renaissance site contains the same number of spaces as the Payne Terminal site and correlates to the displaced parking at the Hyatt Hotel; that Commission approval is required if the parking location changes. Mayor Hogle stated that no one has signed up to speak. City Manager Sollenberger stated that the Administration recommends approval of the amendment to the Interim Parking Agreement to allow Hotel Associates to utilize parking at the parking area at the Renaissance site instead of the Payne Terminal site. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that an amendment to the Interim Parking Agreement was prepared and is included in the Agenda backup material; that Hotel Associates retains the right to use the Payne Terminal site for backup; that Basin Developments Partnership, Ltd. (Basin) is a party to the first Interim Parking Agreement but is not required to participate in the amendment as Basin will not be impacted; however, Basin requested the opportunity to examine the final agreement and requested the amendment to the Interim Parking Agreement be returned to the Commission in the future on a Consent Agenda after initial Commission conceptual approval at this time. Mayor Hogle asked if returning the request is a concern? Attorney Russell stated no. Commissioner Quillin stated that retaining the right to use the Payne Terminal site is a concern; and asked the reason Hotel Associates will retain the right to utilize the Payne Terminal site? Mr. Freedman stated that utilization of the Payne Terminal site may be necessary if the Renaissance chooses to begin another redevelopment project in the area and wishes to utilize the Renaissance site. Attorney Russell stated that Hotel Associates has the right to use the Payne Terminal site for two and a half years; that Basin has the use of the property for the two and a half years afterward BOOK 49 Page 21520 07/16/01 6:00 P.M. BOOK 49 Page 21521 07/16/01 6:00 P.M. under the terms of the original Interim Parking Agreement; that the property will be occupied for the next five years according to the Interim Parking Agreement. Commissioner Quillin stated that the Payne Terminal site will be utilized for five years during which time the City cannot utilize the property. Mr. Freedman stated that the Renaissance site will not be utilized by Basin during any construction; that the Payne Terminal site is more convenient to the Basin project and will probably be utilized. Vice Mayor Mason stated that a few homeless people reside at the northern portion of the Renaissance site near The Players; that caution should be taken while grading the parking area. Mr. Freedman agreed. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve the amendment to the Hyatt Hotel Condominium/Interim Parking Construction Parking Agreement contingent upon the agreement of Basin Developments Partnership, Ltd., and the Players Theater, Inc., which will be formalized in three weeks based upon representations by all parties involved including the City Attorney, the City Manager, and the Applicant. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 18. NEW BUSINESS: PRESENTATION RE: REQUEST FOR MATCHING FUNDS FOR ADDITIONAL LIGHTING FOR THE BAYFRONT - REFERRED THE PROPOSAL FOR ADDITIONAL LIGHTING FOR THE BAYFRONT TO THE ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM VII-1) #2 (3600) through #3 (0315) Commissioner Quillin stated that the Sarasota Season of Sculpture will make a presentation to request a partnership with the City for additional lighting for the Bayfront. Jill Kaplan, Executive Director, Sarasota Season of Sculpture, came before the Commission; referred to a June 22, 2001, letter to the City Manager indicating the proposal is for a partnership to bring additional lighting to the Bayfront; and stated that the Bayfront is the jewel of Sarasota; that the Sarasota Season of Sculpture will agree to raise funds if the City will provide matching funds; that the funding would combine in-kind and cash donations; that contractors are interested in assisting with the project; that the City would receive significant savings on a permanent capital improvement for the Bayfront; that the lighting would be received by the City at a bargain cost; that additional lighting on the Bayfront would be beneficial to events and bring more citizens to the Bayfront at night; that funds would be raised in anticipation of having lighting installed for the next Bayfront Exhibition from November 2002 to April 2003; that the cost of the new lighting is estimated from $35,000 to $100,000. Commissioner Quillin stated that the Bayfront was visited during the Season of Sculpture; that the lack of lighting caused problems in some areas of the Bayfront; that uplighting and tree lighting is familiar and pleasing; that receiving an idea of the enhancements possible from a lighting designer may be beneficial; that uplighting can provide a different aura and appearance; that other venues on the Bayfront may choose to participate in the funding of additional lighting on the Bayfront; and asked if the lighting has been discussed with Staff? Ms. Kaplan stated that lighting on the Bayfront was previously discussed with Staff; that funding was available for lighting at the time; ; however, the amount of required work resulted in delaying the project. Commissioner Palmer stated that City participation in providing additional lighting on the Bayfront is an excellent idea; that the matter should be referred to the Administration to determine the possibilities; that a lighting designer and Staff can be assigned to the project; that the concept is good; however, the ability to make the project a community effort is uncertain; that the project could be beneficial to the City. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to refer the proposal for additional lighting on the Bayfront to the Administration for investigation and a recommendation back to the Commission. City Manager Sollenberger stated that Staff's communication regarding the availability of funding from the Bayfront Park project is no longer valid as the funding was used for necessary repairs to the steigervaldE-Jockey Fountain, also called the children's fountain, which was of concern; that the desired project and necessary funding should be determined; that the Bayfront Condominium residents should be consulted; that concerns regarding lighting in Bayfront Park have occurred in BOOK 49 Page 21522 07/16/01 6:00 P.M. BOOK 49 Page 21523 07/16/01 6:00 P.M. the past; that the concerns have been resolved; however, consideration of additional lighting should involve area residents. Commissioner Palmer agreed. Mayor Hogle agreed and stated that the Bayfront neighborhood may participate in providing funding for additional lighting; that a recent trip was taken to Chicago, Illinois, to view the sculptures on the waterfront; that the sculptures attract residents and visitors to the waterfront. Commissioner Quillin stated that lighting along US 41 was previously discussed; that the area between Gulf Stream Avenue and US 41 should also be reviewed for the addition of lighting; that proper lighting would change the atmosphere and draw citizens to the. area; that the lights should not be bright but rather subdued. Mayor Hogle stated that the area between Gulf Stream Avenue and US 41 is similar to an area in Chicago, Illinois, in which sculptures are placed. Mayor Hogle called for a vote on the motion to refer additional lighting on the Bayfront to the Administration for investigation and a recommendation back to the Commission. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Ms. Kaplan asked if a consensus will be achieved to move forward with the project? Mayor Hogle stated that the matter will be referred to Staff who will contact the Executive Director of the Season of Sculpture. City Manager Sollenberger stated that the proposed additional lighting for the Bayfront will be referred to the Public Works Department; that the Public Works Department has a heavy workload sO an instantaneous result should not be expected. Commissioner Quillin stated that the 100th Anniversary of the City is in the fall of 2002; that another Season of Sculpture is planned for November 2002. Ms. Kaplan stated that having the additional lighting completed by November 2002 would be appreciated. 19. NEW BUSINESS: PRESENTATION AND DISCUSSION RE: STUDENTS TAKING ACTIVE ROLES IN SARASOTA COUNTY (STAR) PROGRAM INITIATIVE - REFERRED THE STAR PROGRAM TO THE OFFICE OF THE CITY AUDITOR AND CLERK AND THE CITY ATTORNEY'S OFFICE TO PREPARE THE NECESSARY RESOLUTIONS TO IDENTIFY AND COMPLETE THE LANGUAGE NECESSARY TO APPOINT YOUTH TO CITY ADVISORY BOARDS (AGENDA ITEM VII-2) #3 (0315) through (0696) Commissioner Palmer stated that high school was taught for many years; that the participation of youth in government is of interest; that the hope is youth will grow up to participate in government as citizens and voters; that the STAR program is beneficial and has taken shape in Venice, Florida, and Sarasota County. Karen Bogues, Project Director, Community Youth and Development (CYD) Project of Sarasota County, and Bailey Smith, Chair, Leadership Council, Students Taking Active Roles (STAR) in Sarasota County, came before the Commission. Ms. Bogues stated that the CYD Project is a collaboration of youth and non-profit agencies in Sarasota County which are working to provide positive drug- and alcohol-free activities for teenagers in Sarasota County; that the organization is celebrating the fifth anniversary which will be commemorated with a tree-planting ceremony at Selby Public Library on July 17, 2001; that the Commission is welcome to attend; that the CYD Project was developed to empower youth in leadership positions; that the STAR Program has evolved from the CYD Project; that Ms. Smith is entering her senior year at Riverview High School, has been involved with the CYD Project for a number of years, and is currently serving as the Chair of the Leadership Council for STAR. Ms. . Smith stated that the opportunity to speak before the Commission is appreciated; that the position of Chair of the Leadership Council for STAR has been held for the past year; that personal assistance has been provided with grant writing; that the experience has been wonderful; that the STAR Program has evolved from the program of Youth Civic Engagement which encourages youth to become involved in government and to become active citizens in the community; that the STAR Program was created to encourage youth as decision makers throughout Sarasota County; that the program began in 2000 with the training and placement of ten youth on Sarasota County councils BOOK 49 Page 21524 07/16/01 6:00 P.M. BOOK 49 Page 21525 07/16/01 6:00 P.M. advising the Sarasota Board of County Commissioners (BCC) regarding various community issues. Ms. Smith continued that currently youth are trained and placed in decision-making positions; that youth learn leadership, communication, and problem-solving skills; that youth are taught to view partnerships with adults as equal; that the STAR Program is important and provides youth with hands-on experience in the community; that the STAR Program involves youth directly in the government process rather than isolating teaching to the classroom; that a high school senior only receives one semester of training in government which often does not include local or state government; that youth involved in the STAR Program learn important skills and become full voting members on advisory boards with equally weighted voices and opinions; that she has been involved with the CYD Project for over five years; that a significant amount has been learned through the CYD Project and the STAR Program; that serving as Chair for the Leadership Council of the Star Program will continue through her senior year; that the STAR Program has offered many opportunities including learning leadership, problem-solving, and more about the community; that the STAR Program would be beneficial to the City. Commissioner Palmer distributed a packet entitled Advisory Boards and Committees Recommended for Participation in the Students Taking Active Roles (STAR) Program in Sarasota County; and stated that the City's advisory boards were examined and the five following advisory boards were chosen for consideration: 1. Citizens with Disabilities Advisory Board 2. Parks, Recreation, and Environmental Protection Advisory Board 3. Public Art Committee 4. Van Wezel Performing Arts Hall Board 5. Police Chief's Advisory Board Commissioner Palmer stated that quasi-judicial advisory boards are not being considered at the current time; that the Police Chief's Advisory Board is subject to the approval of the Police Chief which has been received; that the young people are not appointed to advisory boards without guidance but rather have mentors and are well-trained; that the STAR Program is supported. Vice Mayor Mason stated that she represented the Commission on the Children and Youth Services Advisory Committee (CAYSAC) ; that student members have conducted site visits; that the input of youth is valuable; that the STAR Program is an asset to the community if similar to the youth participation in CAYSAC. Ms. Bogues stated that the STAR Program does not involve CAYSAC which is separate from the STAR program; that the objective of the STAR Program is to broaden the involvement of youth; that society often limits people by age or other characteristics; that young people have a vested interest in life in the City and County and contribute to public art as well as youth issues; that the STAR Program initiative is being expanded to include the STAR Program in not-for-profit organizations, in law enforcement, and in education. Commissioner Quillin stated that the Bicycle/Pedestrian Safety Board should be considered; that representation on the Sarasota-Bradenton Metropolitan Planning Organization (MPO) boards by STAR Program participants should also be considered; that public advisory boards can assist students in learning the slow manner of government bureaucracy; that shadowing is important; that the City has many departments and projects which can be shadowed; that she has been involved with Teen Court which is a fantastic program; that some ad hoc advisory boards can be established for additional issues; that young people will be able to sit on an ad hoc committee if unable to sit on an advisory board. Commissioner Palmer stated that representation should begin on advisory boards which are not quasi-judicial, that the young people will be voting members of the advisory boards; that some ordinances and resolutions must be changed. On motion of Vice Mayor Mason and second of Commissioner Palmer, it was moved to refer the STAR Program to the City Auditor and Clerk and the City Attorney to prepare the necessary resolutions to identify and complete the language necessary to appoint youth to City advisory boards. Commissioner Martin stated that the motion is supported. Commissioner Palmer stated that the majority of advisory boards have an odd number of members to avoid tie votes; and asked if BOOK 49 Page 21526 07/16/01 6:00 P.M. BOOK 49 Page 21527 07/16/01 6:00 P.M. the addition of a youth member, resulting in an even number of members, will cause a problem? Ms. Bogues stated that the County has not been concerned with an even number of members on advisory boards; that the addition of a youth member provides an opportunity to receive additional participation; that tie votes are resolved as individual situations arise. Commissioner Quillin stated that the STAR Program should be expanded with a shadowing program. Ms. Bogues stated that the STAR Program is in the first year and anticipates many opportunities for the future. Commissioner Palmer stated that the addition of a youth member to the Police Chief's Advisory Board must be approved by the Police Chief. City Manager Sollenberger stated that a discussion was held with the Police Chief who is pleased to participate; that no document formally establishes the Police Chief's Advisory Board. Commissioner Palmer stated that all other advisory boards are creations of the Commission; that the Police Chief's Advisory Board is an administrative creation. Mayor Hogle stated that some Police Chief's Advisory Board meetings have been attended in the past and havé had 15 to 20 members; that having a youth member would be a pleasure. Mayor Hogle called for a vote on the motion to refer the STAR Program to the City Auditor and Clerk and the City Attorney to prepare the necessary resolutions to identify and complete the language necessary to appoint youth to advisory boards in the City. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Ms. Bogues thanked Commissioner Palmer for the commitment to the STAR Program. 20. NEW BUSINESS: STATUS REPORT RE: UPDATE ON VARIOUS DEVELOPMENT SERVICES PROJECTS - REFERRED THE ENTERPRISE ZONE TO THE ADMINISTRATION (AGENDA ITEM VII-3) #3 (0696) through (1262) City Manager Sollenberger stated that the Department of Redevelopment and Development Services has a number of projects in progress; that the Director of Redevelopment and Development Services has resigned and prepared a project blueprint of the current projects with the following recommendations in an interoffice memorandum dated July 12, 2001, to the Commission: Enterprise Zone: : The Department of Neighborhoods and the Information Systems and Technology Department should be assigned the task of data gathering. The City should engage the services of Angie Brewer and Associates to assist. A tri-party panel including representatives of the City, the County, and the Chamber of Commerce should be appointed to oversee development of the Enterprise Zone plan. Community Redevelopment Agency (CRA) Advisory Board: An advisory board to the CRA should be created and the CRA Board should be expanded to include two members of the CRA Advisory Board. The Director of Downtown Redevelopment should work with the CRA and CRA Advisory Board concerning implementation of the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020). Development Review Committee (DRC) Evaluation: The DRC process should be evaluated and modified as necessary. Mark Hess, Chief Planner, Planning Department should oversee the effort to enhance customer service and interdepartmental coordination of development projects. Newtown Redevelopment Plan: John Burg, Chief Planner, Planning Department, should be considered as project manager. Palm Avenue Parking Project: The Director of Downtown Redevelopment should oversee contract compliance. Sarasota County Area Transit (SCAT) Bus Transfer Facility: The City Attorney's Office, the Deputy City Manager, the Planning Department, the Public Works Department, and the Engineering Department should be involved in discussions concerning the draft contract. St. Armands Circle Improvements: The Public Works Department is the lead department for the project and should continue. The Finance Department should BOOK 49 Page 21528 07/16/01 6:00 P.M. BOOK 49 Page 21529 07/16/01 6:00 P.M. establish the mechanism for reimbursing the $300,000 loan. St. Armands Business Improvement District (BID district) : The City Attorney's Office has been working with the attorney for St. Armands Commercial Landowners to define the necessary legal steps for creating a business improvement district on St. Armands. Urbaculture Site: The Public Works Department is recommended to see the project through completion. Walpole Site: The State Ethics Commission is still evaluating the purported conflict of interest in the sale of City-owned property at 1865 Laurel Street. The developed purchase agreement should be brought to the Commission for consideration if the ethics opinion indicates ethics rules have not been violated. City Manager Sollenberger continued that the recommendations of the Director of Redevelopment and Development Services are supported; that staffing issues related to development of the Newtown Redevelopment Plan must be finalized; that a staffing assignment will be made within the next two weeks; that the Enterprise Zone is of interest and will be placed on the Agenda of the July 31, 2001, Joint meeting of the City Commission and Sarasota Board of County Commissioners (BCC); that the topics for the meeting were discussed recently with the County Administrator. Gregory Horwedel, Director of Redevelopment and Development Services, came before the Commission and stated that working for the City and with City Staff has been a pleasure; that the City should be proud; that an effort was made to assist in making the City the best possible; that the opportunity to work with the Commission is appreciated; that the Commission requested an update of various projects; that the project blueprint clearly indicates the projects in progress. City Manager Sollenberger stated that the Administration recommends receiving the report of the Department of Redevelopment and Development Services regarding the update of various projects. Commissioner Palmer stated that the project blueprint is an administrative document; that the recommendations made are administrative decisions; that the Commission should not be involved in making such recommendations to the Administration. City Manager Sollenberger stated that the project blueprint is an outline for the Commission; that the suggestions have been discussed extensively with the Director of Redevelopment and Development Services; that the staffing issue concerning the Newtown Redevelopment Plan will be resolved; that the Enterprise Zone should be discussed; that formalization of the management of the Newtown Redevelopment Plan will be returned to the Commission. Commissioner Palmer stated that the project blueprint is appreciated; that the community is concerned with the resignation of the Director of Redevelopment and Development Services and the status of the remaining projects; that a new City Manager has not yet been hired; that concern is if projects will continue at the same pace or slow down; that the project blueprint provides some relief by indicating a program is in place to move all projects forward at the current pace; that the Newtown Redevelopment Plan must move forward; that an editorial in the July 16, 2001, Sarasota Herald-Tribune indicated the importance of the Newtown Redevelopment Plan; that the Commission is aware the Enterprise Zone, the Newtown Redevelopment Plan, and all other projects in the City are equally important; that the plans should all move forward and not be slowed; that the Director of Redevelopment and Development Services is thanked for involvement and leadership in the City. Commissioner Quillin stated that the Staff named in the project blueprint did not all receive copies of the project blueprint which is of concern; that certain Staff named in the project blueprint have an extensive workload; that the talents of other Staff are not being utilized; that Vice Màyor Mason is thanked for continuing support of the Enterprise Zone; that the enabling legislation for the Enterprise Zone was reviewed; that the City should discuss the Enterprise Zone with the County as soon as possible; that the enabling legislation for the Enterprise Zone is in the name of the County and not the City; that a Commission- appointed governing board will be established through the enabling legislation; that revenues generated through the Enterprise Zone will be received by the County. Commissioner Quillin continued that a recent meeting of the Economic Development Board (EDB) was attended; that the Enterprise Zone was discussed; that a representative from Bradenton, Florida, who was involved with the Enterprise Zone in Bradenton, was in attendance and provided valuable input; that Sarasota County's BOOK 49 Page 21530 07/16/01 6:00 P.M. BOOK 49 Page 21531 07/16/01 6:00 P.M. legal Staff reviewed the legislation required to move the Enterprise Zone forward; that the EDB is funded through occupational licenses; that funding may be possible through the EDB if hiring a consultant to assist with the Enterprise Zone has financial implications; that examining the enabling legislation and discussing the Enterprise Zone with the County is necessary; and referred to the enabling legislation as follows: Sarasota County, or Sarasota County and the City of Sarasota jointly, may apply to the Office of Tourism, Trade, and Economic Development [OTTED] for designation of one Enterprise Zone within the County, or within both the County and the Municipality Commissioner Quillin continued that the Enterprise Zone must be initiated by the County as the County is the higher-level government; that a discussion was held with the Mayor of the City of Palmetto, Florida, who will provide assistance if necessary; that the Enterprise Zone requires a significant amount of time to complete and is difficult; that a census has recently been completed; that a significant amount of data must be analyzed; that the consultant hired by Manatee County can be utilized; that the consultant for the Newtown Redevelopment Plan will analyze similar data and could be consulted for the Enterprise Zone. Commissioner Quillin continued that reimbursement costs and consultant fees for the Interlocal Agreement of the City of Palmetto were completed on March 14, 1995; that a resolution was passed by the Manatee County Board of Commissioners on April 11, 1995; that basic requirements of the enabling legislation to establish a Commission-appointed governing board were met by April 27, 1995; that the Commision-appointed governing board develops the implementation steps for the Enterprise Zone; that the last portion of the Enterprise Zone for the City of Palmetto was completed on April 25, 1995; that a significant amount of work is required to develop an Enterprise Zone. Commissioner Quillin further stated that the application for the Enterprise Zone should be sent to the State by the end of November 2001; that the enabling legislation should be examined and a meeting scheduled with the County immediately; that the enabling legislation contains detailed data which is not the same as the data sent to the State by Staff; that Staff used old census information; that the City has new census information which should be compiled to assure meeting the testing required under the enabling legislation. Mayor Hogle requested that the enabling legislation be shared with the Commission. Commissioner Quillin agreed. Vice Mayor Mason stated that the opportunity to schedule a meeting with the BCC before July 31, 2001, is probably not possible; that discussions are held weekly with Donna Clarke, Representative, District 69, Florida House of Representatives; that a request was made for a representative of OTTED to attend the July 31, 2001, joint meeting of the City Commission and the BCC; that both the Commission and the BCC should understand the Enterprise Zone from direct sources; that discussion with OTTED will be in the best interest of the City and County. City Manager Sollenberger stated that entering into a contract with Angie Brewer and Associates, the City's grant writer, is a possibility; that an oversight group can be composed of the City's Director of Downtown Redevelopment, a member of the County Administrator's Staff, and the President of the Greater Sarasota Chamber of Commerce; that not much time remains in which to change plans; that Staff has a heavy workload; that the project blueprint is a plan; that the desire is for State approval or disapproval of the plan and discussion of the Enterprise Zone including discussions with OTTED. Vice Mayor Mason stated that the Enterprise Zone application was made with 1990s census data due to availability; that Representative Clarke is working with Representative Dan Miller, Representative, District 13, Florida House of Representatives, to access the 2000 census information which will be utilized as soon as possible; that discussing the Enterprise Zone with OTTED is the most immediate action which can be taken. Commissioner Quillin stated that Angie Brewer and Associates has not previously completed an application for an Enterprise Zone; that the consultant utilized by the City of Palmetto is familiar with the application process and can be utilized; that the consultant would be hired by the board created to oversee the Enterprise Zone and not the City; that the County must initiate the Enterprise Zone; that the City and County should have an Interlocal Agreement; that the Enterprise Zone board should be created as soon as possible to enable hiring a consultant. BOOK 49 Page 21532 07/16/01 6:00 P.M. BOOK 49 Page 21533 07/16/01 6:00 P.M. Vice Mayor Mason stated that the enabling legislation was provided to Staff a few weeks ago; that the County's significance in the application process is clear; however, the Enterprise Zone application is a joint application; that the City and County must work together; that both the City and County are committed to the process and the application should move forward. City Manager Sollenberger requested direction from the Commission. On motion of Vice Mayor Mason and second of Commissioner Palmer, it was moved to refer the Enterprise Zone to the Administration. Commissioner Quillin stated that the City of Palmetto is willing to assist and send Staff to the City if necessary; that the new Director of Downtown Redevelopment has worked with the Enterprise Zone in Manatee County. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle stated that the services of Greg Horwedel, Director of Redevelopment and Development Services, are appreciated; that work in the Department of Neighborhoods was also exemplary. Commissioner Martin agreed and stated that Mr. Horwedel has brought great value to the City; that significant change including neighborhood action strategies has occurred under Mr. Horwedel's tenure; that the efforts of Mr. Horwedel are appreciated. Mr. Horwedel thanked the Commission. 21. BOARD APPOINTMENTS: APPOINTMENT RE: : SARASOTA HOUSING AUTHORITY BOARD - AFFIRMED THE APPOINTMENT OF PAULETTE BLACK (AGENDA ITEM VIII-1) #3 (1262) through (1322) Mayor Hogle distributed an application from Paulette Black for the tenant's seat on the SHA Board to the Commission; and stated that the Mayor appoints members to the Sarasota Housing Authority (SHA) Board subject to confirmation by the Commission; that Ms. Black is appointed to the seat on the SHA Board for an SHA tenant subject to the confirmation of the Commission; that Ms. Black has lived at the SHA Cohen Way public housing complex for approximately five years, is a local resident, works on St. Armands Circle, has been personally interviewed, and will make an outstanding addition to the SHA Board. Vice Mayor Mason stated that Ms. Black is personally known and has been extensively involved with the SHA especially with the previous HOPE VI Grant process; that Ms. Black is respected by residents and will do a good job. On motion of Commissioner Martin and second of Vice Mayor Mason, it was moved to confirm the Mayor's appointment of Paulette Black to the Sarasota Housing Authority Board. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle announced the appointment of Paulette Black to the Sarasota Housing Authority Board. 22. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (1322) There were no Commission Board or Committee reports. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #3 (1322) through (1525) COMMISSIONER QUILLIN: A. stated that information was received that the Downtown Association of Sarasota, Inc. (Downtown Association), is seeking qualified candidates for a position with the Transportation Management Organization (TMO) ; that the selection should be completed in the near future; that the TMO should be working on transportation plans such as shuttle service and park-and-ride programs for the period during which the John Ringling Causeway Bridge replacement will be constructed. COMMISSIONER MARTIN: A. stated that the earlier presentation concerning the Students Taking Active Roles (STAR) Program in Sarasota County was good; that the students' and youths' contributions to the community are valued. B. stated that Vice Mayor Mason previously indicated some concern regarding the Community Action Research Initiative (CARI) of the New College of the University BOOK 49 Page 21534 07/16/01 6:00 P.M. BOOK 49 Page 21535 07/16/01 6:00 P.M. of South Florida which is personally supported; that CARI is a noble program linking professors and students with the greater community by providing grass -roots research to assist in the understanding of community issues and locate more timely answers and solutions through research; that coordination, tasks, and meeting deadlines may have been problematic in the past; that Commissioner Mason may have had difficulty with the unmet expectations in the past; however, CARI is a remarkable asset for the City; that Dr. David Brain, Professor, New College of the University of South Florida, the founder of CARI, is dedicated to the community and to improving the Newtown area and low-income communities throughout the City; that CARI is supported and is a vital effort to the progress of the City; that patience and support for CARI is requested; that CARI will serve the City well in the long term. Vice Mayor Mason stated that the comments are supported; however, assistance should be requested if a promise cannot be delivered; that CARI did a remarkable job in collecting data; however, CARI did not present a report to the Commission; that the hope is CARI utilized her criticism in a constructive manner to grow and expand; that CARI is capable of doing a fine job; that the opportunity to work with CARI in the future is favorably anticipated. Commissioner Martin stated that patience is requested for CARI; that CARI will serve the City well. C. stated that today's technology is complicated as became apparent during the Information Systems & Technology (IST) Department presentation in the July 2001 budget workshops; that everyone has some knowledge of technology; however, some technology is often beyond the knowledge of those not in the technological field; that a technology advisory board should be established and include professionals in the field and members of private industry who can assist the Commission in understanding technological matters; that the technology advisory board could have an advisory rather than oversight role concerning the IST Department; that youth may be valuable members of a technology advisory board. MAYOR HOGLE: : A. stated that resolving the John Ringling Causeway Bridge replacement issue and moving forward is a relief. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (1525) through (1575) CITY MANAGER SOLLENBERGER: A. stated that his last day working for the City will be at the end of September 2001; that accumulated leave time will be taken during most of August 2001; that the Human Resources Department will verify his leave balance to ensure no confusion as to the leave entitled; that an interim City Manager will be. required beginning October 1, 2001, if a new City Manager is not yet appointed. Mayor Hogle stated that the recommendation is to designate the Deputy City Manager as the interim City Manager if a new City Manager is not hired by October 1, 2001. 25. ADJOURN (AGENDA ITEM XII) #3 (1575) There being no Eurther business, Mayor Hogle adjourned the Regular meeting of July 16, 2001, at 10:14 p.m. - C di ALBERT F. HOGLE, MAYOR ATTEST: PSOTA 3 3LL : Aa 0 BILLY E.ROBINSON, CITY AUDITOR AND CLERK 1 a BOOK 49 Page 21536 07/16/01 6:00 P.M.