BOOK 48 Page 20103 10/02/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 2, 2000, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, Deputy City Auditor and Clerk Karen D. McGowan, and City Attorney Richard J. Taylor ABSENT: City Auditor and Clerk Billy E. Robinson PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section (a) of the Charter of the City of Sarasota at 6:00 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of. Allegiance. 1. PROCLAMATION RE: : CITY OF SARASOTA PROCIAMATION DESIGNATING OCTOBER 2000 AS HUNGER AWARENESS MONTH - PRESENTED TO ALL FAITHS FOOD BANK #1 (0049) through (0125) Mayor Pillot stated that hunger is an issue of importance year- round; that additional attention should be focused on the less fortunate families as the holiday season approaches; that the All Faiths Food Bank fulfills an important interest in the community by providing food to the less fortunate. Mayor Pillot requested that Jeff McCormick, Executive Director of the All Faiths Food Bank, come forward; read in its entirety the City Proclamation designating October 2000 as "Hunger Awareness Month, a a month of special importance and worthy of recognition by the citizens of the City of Sarasota; and stated that congratulations and appreciation are extended to Mr. McCormick for his efforts. Mr. McCormick stated that the recognition of the Commission is appreciated; that citizens' support of the efforts of All Faiths Food Bank is appreciated. Mayor Pillot stated that the Mayors' Feed the Hungry Campaign has been operating for approximately 20 years; that citizens are encouraged to support the All Faiths Food Bank and other means of distributing food such as vouchers and donation of food stuffs. 2. PRESENTATION RE: MAYOR'S CITATION PRESENTED TO DANIELLE GIRARDIN, AN 18-YEAR-OLD RESIDENT OF THE COMMUNITY, MISS JUNIOR SARASOTA, ONE OF 15 FINALISTS IN THE MISS JUNIOR FLORIDA COMPETITION, APPOINTED MISS SOUTHWEST FLORIDA COED QUEEN IN THE 2000 MISS FLORIDA AMERICAN TEEN AWARDS COMPETITION AND WILL REPRESENT SOUTHWEST FLORIDA AND SARASOTA AT THE NATIONAL COMPETITION, WHICH IS BEING HELD NOVEMBER 18 THROUGH 24, 2000, IN ORLANDO, FLORIDA #1 (0125) through (0278) Mayor Pillot requested that Danielle "Dandy" Girardin, Miss Junior Sarasota, Geri Girardin and Bill Girardin, parents, come forward. Mayor Pillot stated that meeting the remarkable young girl was possible due to a request for a picture with the Mayor; that Dandy has a tremendous personality and smile which explains the numerous awards received; that the City is pleased to present Dandy with the Mayor's Citation; and read in its entirety the Mayor's Citation commending Ms. Girardin for her talent, hard work, and honor brought to the community and extended congratulations and presented the Mayor's Citation to Danielle Girardin. Ms. Girardin thanked the Commission; and stated that the City's commitment to the arts is appreciated; that personal appreciation is extended to Betty Mullet, Music Teacher. Mayor Pillot asked Ms. Girardin's plans for the future? Ms. Girardin stated that attending the Julliard School and performing on Broadway in New York City, New York, is desired. Mayor Pillot stated that the City will be watching for performances on Broadway and will remember Ms. D. Girardin's roots in the City; that Ms. Girardin is an excellent example of the youth of the community. 3. PRESENTATION RE: : CITIZENS I VOLUNTEER PROGRAM #1 (0278) through (0648) Mayor Pillot requested that Gordon Jolly, Chief of Police, William Wall, Lieutenant, and Thomas Keusch, Police Officer First. Class, Sarasota Police Department (SPD), join him before BOOK 48 Page 20104 10/02/00 6:00 P.M. BOOK 48 Page 20105 10/02/00 6:00 P.M. the Commission; and requested that Commissioner Mason join him at the Commission table to make the presentation. Commissioner Mason stated that recognizing the individuals from the City's Volunteer Training Academy is a distinct privilege and honor; that the volunteer citizens are pioneers and the first to graduate from the City's Volunteer Training Academy; that the volunteers' commitment to neighborhoods and the City fosters pride. Chief Jolly stated that duplicating the successful volunteer program in the City of Delray Beach, Florida, was a goal and a challenge; that a number of Florida cities have similar volunteer programs; that Sarasota's Citizens' Volunteer Program is modeled after the Delray Beach, Florida, volunteer program; that the program was developed quickly and had the goal to find the best volunteers; that all requested parameters were satisfied; that the individuals involved in the Citizens' Volunteer Program are community activists, a former City Mayor, a former SPD employee, and are a tremendous group of individuals; that a walking patrol will be established in the Dr. Martin Luther King, Jr., Way (MLK Way) business corridor, Downtown, and at St. Armands Circle; that the volunteers will be conducting driving patrols through neighborhoods and volunteering at the SPD; that the talents and skills brought to the City by individuals in the volunteer group are tremendous; that a value cannot be placed on the volunteers' efforts; that the volunteers are personally appreciated. Lieutenant Wall stated that the graduates of the City's Volunteer Training Academy are a source of personal pride; that the Delray Beach, Florida, volunteer program set high standards; that the City's volunteers have met and probably will exceed the Delray Beach, Florida, effort; that the graduating volunteers are an extremely committed group of individuals; that the City is fortunate to have citizens like the City's Volunteer Training Academy graduates. Commissioner Mason read the Certificate of Appreciation in its entirety; and introduced the following graduates of the City's volunteer training academy: Veronica Allen, Elmer Berkel, Robert Brachle, Alberta Brown, Dorothy Clark, Carolyn Fishel, Jackie Kaminski, Diane McIntosh, Tom Merickel, Doris Merickel, Ed Noa, Rachael North, Jack Peffley, Nancy Peffley, Tina Riggle, Mary Rush, Doris Schilling, Maryanne Servian, Charlie Wilson, Jennifer Wilson Commissioner Mason presented each graduate with a Certificate of Appreciation and stated that each volunteer is a wonderful asset to the City's neighborhoods; that the Citizens' Volunteer Program's vehicle is parked outside of City Hall for viewing; that the next City Volunteer Training Academy Class will begin in January 2001. Mayor Pillot stated that the individuals volunteering their time are excellent examples of leadership in the community. 4. ADOPTION RE: MEMORIAL RESOLUTION NO. O0R-1313, RECOGNIZING THE PASSING OF JACK COBB, ACTIVE MEMBER OF THE COMMUNITY ADOPTED #1 (0648) through (0786) : Mayor Pillot stated that Memorial Resolution No. OOR-1313 recognizes the passing of Jack Cobb, an outstanding citizen of Sarasota and a personal friend. Mayor Pillot requested that Phyllis Cobb, wife, came forward; read Memorial Resolution No. O0R-1313 in its entirety; and stated that working with Mr. Cobb, and his wife, Phyllis Cobb, during fundraising campaigns for charitable purposes was a great privilege. On the motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Memorial Resolution No. O0R-1313. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Pillot presented Ms. Cobb with a framed copy of Memorial Resolution No. O0R-1313. Ms. Cobb stated that Mr. Cobb had great love, respect, and admiration for the City and the individuals with whom he worked and will be missed. BOOK 48 Page 20106 10/02/00 6:00 P.M. BOOK 48 Page 20107 10/02/00 6:00 P.M. 5. ADOPTION RE: MEMORIAL RESOLUTION NO. O0R-1314, RECOGNIZING THE PASSING OF MICHAEL YAHRAUS, SARASOTA COUNTY PARAMEDIC, IN TRAINING FOR CERTIFICATION TO JOIN THE SARASOTA POLICE DEPARTMENT SPECIAL WEAPONS AND TACTICS (S.W.A.T.) TEAM ADOPTED #1 (0786) through (0924) Mayor Pillot requested that Vice Mayor Hogle join him at the Commission table to present Memorial Resolution No. O0R-1314, recognizing the September 12, 2000, passing of Michael Yahraus, an outstanding citizen of Sarasota; and stated that Mr. Yahraus was serving his community by saving lives and was lost in a tragic accident; that Vice Mayor Hogle shares a common history in law enforcement and public safety with Mr. Yahraus. Vice Mayor Hogle stated that the honor of presenting Memorial Resolution No. O0R-1314 is appreciated; that having personally commanded the Special Weapons And Tactics (S.W.A.T.) team for many years is a special memoryi and read Memorial Resolution No. O0R-1314 in its entirety. On the motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to adopt Memorial Resolution No. O0R-1314. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. The following family members came forward and were presented with a framed copy of Memorial Resolution No. O0R-1314: Denise Yahraus, wife, and Kenneth Yahraus, father and retired City Firefighter Captain. Mr. Yahraus stated that accepting Memorial Resolution No. OOR-1314 in memory of his son is a source of pride and honor. Vice Mayor Hogle stated that the City is proud of and honored by the service of Michael and Kenneth Yahraus. 6. ADOPTION RE: MEMORIAL RESOLUTION NO. O0R-1316, RECOGNIZING THE PASSING OF WAYNE HIBBS, SR., DOWNTOWN SARASOTA BUSINESS OWNER AND RECOGNIZED AS THE EMBODIMENT OF THE SPIRIT AND PRIDE OF DOWNTOWN SARASOTA - ADOPTED #1 (0924) through (1162) Mayor Pillot requested that Commissioner Cardamone join him at the Commission table to present Memorial Resolution No. O0R-1316, recognizing the August 29, 2000, passing of Wayne Hibbs, Sr., an outstanding citizen of Sarasota; and stated that Mr. Hibbs, Sr., had one of the City's longest continuous business tenures. Commissioner Cardamone stated that presenting Memorial Resolution No. O0R-1316 is an honor; that Mr. Hibbs, Sr., was the owner of Farm & Garden Supply; that Wayne "Bucky" Hibbs, Jr., was a student at Riverview High School at the time during which, she served as a teacher; that Mr. Hibbs, Sr., was consulted for his knowledge of plants and always provided humorous and informative advice; that Mr. Hibbs, Jr., provides the same humorous and informative advice to his television audience on the Blab Television Network; and read Memorial Resolution No. O0R-1316 in its entirety. On the motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. O0R-1316. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. The following family members came forward and were presented with a framed copy of Memorial Resolution No. OOR-1316: Wayne Hibbs, Jr., son, Joyce Hibbs, daughter-in-law, Kim Snyder, daughter, Shannon Snyder, son-in-law, Chase Snyder, grandson, Hunter Snyder, grandson, and Ashley Snyder, granddaughter. Commissioner Cardamone stated that Memorial Resolution No. O0R-1316 is presented with love and pride; that Mr. Hibbs, Sr., provided many years of support to area residents. Commissioner Mason left the Chambers at 6:39 p.m. 7. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (1162) through (1193) Deputy City Auditor and Clerk McGowan presented the following Change to the Orders of the Day: A. Add New Business, Itèm No. VII-3, Approval Re: O'Leary Coastal Rental lease modifications, per the request of Lillian O'Leary, O'Leary's Coastal Rentals, Inc. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to. approve the Change to the Orders of the Day. BOOK 48 Page 20108 10/02/00 6:00 P.M. BOOK 48 Page 20109 10/02/00 6:00 P.M. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. Commissioner Mason returned to the Chambers at 6:40 p.m. 8. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 18, 2000 APPROVED (AGENDA ITEM I) #1 (1193) through (1199) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the September 18, 2000, Regular Commission meeting are approved by unanimous consent. Commissioner Cardamone left the Chambers at 6:40 p.m. 9. BOARD ACTIONS RE: REPORT RE: : HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF SEPTEMBER 12, 2000 - SET HISTORIC DESIGNATION APPLICATION NOS. 00-HD-08 AND 00-HD-09 FOR PUBLIC HEARING; RECEIVED REPORT (AGENDA ITEM II) #1 (1199) through (1329) Christopher Wenzel, Chairman of the Historic Preservation Board, and Jane Robinson, Director of Planning and Development, came before the Commission. Mr. Wenzel presented the following items from the September 12, 2000, Regular meeting of the Historic Preservation Board: Application No. 00-HD-08 Re: The Remsen House 3459 Seagrape Drive Mr. Wenzel stated that Staff from the Sarasota County Department of Historical Resources determined the structure located at 3459 Seagrape Drive called the Remsen House reflects the broad cultural and social history of the City by its assoclation with the early history of Bay Island on Siesta Key and one of the City's early artist's colonies; that the structure is associated with the life of Helen Remsen, a well known visual artist whose work won awards in Florida, Texas, California, and New Orleans, Louisiana, and who served on the Board of Directors and the Artist Committee of the Sarasota Art Association; that the Remsen House embodies the distinctive visible characteristics of a simple wood frame and depression-era residence suggestive of the early ranch style; that the Historic Preservation Board unanimously recommends historic designation of the structure located at 3459 Seagrape Drive known as the Remsen House, which meets the following criteria listed under Section IV-806 - (A) of the Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and 3. Is associated with the life of a person who has played a significant role in our local, state or national history; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a met thod of construction. Application No. 00-HD-09 Re: The Wiley C. and Edith Steakley House 2035 Fruitville Road Mr. Wenzel stated that Staff from the Sarasota County Department of Historical Resources determined that the structure located at 2035 Fruitville Road called the Wiley C. and Edith Steakley House reflects the broad cultural, political, and social history of the City by its representation of a simple home typical of modest World War II era construction and embodies the distinctive visible characteristics of wood frame vernacular style construction; that the Historic Preservation Board unanimously recommends historic designation of the structure located at 2035 Fruitville Road known as the Wiley C. and Edith Steakley House, which meets the following criteria listed under Section IV-806(A) of the Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a met thod of construction. BOOK 48 Page 20110 10/02/00 6:00 P.M. BOOK 48 Page 20111 10/02/00 6:00 P.M. City Manager Sollenberger stated that the Administration recommends setting Historic Designation Application Nos. 00-HD-08 and 00-HD-09 for public hearing. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to set Historic Designation Application Nos. 00-HD-08 and 00-HD-09 for public hearing. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the report of the September 12, 2000, Regular meeting of the Historic Preservation Board. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 10. CONSENIT AGENDA NO. 1: ITEM NOS. 2, 3, 4, 5, 6, 7, 8 AND 9 APPROVED; ITEM NO. 1 - APPROVED WITH THE CITY ATTORNEY TO REFINE THE LANGUAGE PRIOR TO THE PUBLIC HEARING (AGENDA ITEM III-A) #1 (1329) through (1459) Commissioner Quillin requested that Item No. 1 be removed for discussion. 2. Approval Re: Set for public hearing scheduled for the October 16, 2000, City Commission meeting regarding the 2000 Local Law Enforcement Block Grant. The amount of this grant is $190,061 and the match amount by the City is $21,118 for a total amount of $211,179 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 Jack Clancey & Associates, (Bid No. 00-83H) to develop and administer promotional examinations for ranks of Police Sergeant and Police Lieutenant positions 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, for the Sarasota Police Department to conduct School Proximity Tobacco Enforcement investigations 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Ralph L. Mushrush, Trustee for water and sewer service for undeveloped sites located at Searcy Avenue lot 6 and 7 and Greer Drive 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to the SHIP 2000-2003 Local Housing Assistance Plan 7. Approval Re: Authorize City Staff to proceed with action plan for implementation of Florida Scenic Highway Program 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Grant Agreement between the City of Sarasota and Department of Environmental Protection, to provide state funds in the amount of $2.5 million for the Interim Lido Beach Project 9. Approval Re: Authorize the, Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for City Grant funding between the City of Sarasota and Greater Downtown Sarasota Action Team for future payments to Greater Downtown Sarasota Action Team to be made on a quarterly "fee for service" basis (not reimbursement) On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 2 through 9, inclusive. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Cardamone returned to the Chambers at 6:42 p.m. 1. Approval Re: Set for public hearing proposed Ordinance No. 00-4272, amending Chapter 21 of the City Code, offenses, Section 21-128, pertaining to skateboarding; amending such section to make the regulations set forth therein applicable to freestyle bicycling; etc. Commissioner Quillin stated that the definition for freestyle bicycling should be discussed; that inquiries from residents can be expected regarding bicycling downtown. City Attorney Taylor stated that the freestyle bicycling definition contained in proposed Ordinance No. 00-4272 could BOOK 48 Page 20112 10/02/00 6:00 P.M. BOOK 48 Page 20113 10/02/00 6:00 P.M. pertain to anyone on a bicycle which is not intended; that the freestyle bicycling definition contained in proposed Ordinance No. 00-4272 requires refinement; that the restriction pertains to bicycle stunts or tricks normally involving sidewalk furniture, buildings, or portions of buildings; that the Sarasota Police Department (SPD) has been consulted regarding freestyle bicycling; that additional detail will be included in the freestyle bicycling definition contained in proposed Ordinance No. 00-4272 prior to the public hearing to ensure damage associated with the performance of destructive stunts or tricks in a specific location will be prohibited. Mayor Pillot asked if the language concerning the freestyle bicycling definition can be developed prior to the public hearing for proposed Ordinance No. 00-4272? City Attorney Taylor stated yes; that the Commission may desire reviewing the language of the freestyle bicycling definition prior to setting proposed Ordinance No. 00-4272 for public hearing. Commissioner Quillin stated that a bicycle store may provide information regarding the type of bicycle used in pertorming the destructive stunts or tricks; that a ten-speed bicycle is probably not used to perform destructive stunts or tricks; that a certain type of bicycle is usually used. City Manager Sollenberger stated that the Administration recommends setting proposed Ordinance No. 00-4272 for public hearing; that the City Attorney has expressed concern regarding the definition for freestyle bicycling in proposed Ordinance No. 00-4272 which can be refined. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to set proposed Ordinance No. 00-4272 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 11. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1312) - ADOPTED; AND ITEM 2 (ORDINANCE NO. 00-4273) ADOPTED (AGENDA ITEM III-B) #1 (1459) through (1790) Commissioner Quillin requested that Item No. 1 be removed for discussion. 2. Adoption Re: Proposed Ordinance No. 00-4273, amending Chapter 36, Vehicles for Hire, Article II, taxicabs and other vehicles for hire to increase the maximum rates and fares authorized for taxicabs; setting forth findings; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid (Title Only) Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 00-4273 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item No. 2. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes, Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yesi. 1. Adoption Re: Proposed Resolution No. O0R-1312, appropriating $27,000 from the Special Law Entorcement Trust Fund (forfeitures) to fund a Less Lethal Weapons Program for the Police Department, etc. Commissioner Quillin stated that a Less Lethal Weapons Program is supported; that a report regarding the use of less lethal weapons is desired. City Manager Sollenberger stated that a demonstration of less lethal weapons has been personally viewed; that less lethal weapons are effective. Edward Whitehead, Deputy Chief, Sarasota Police Department (SPD), came before the Commission and stated that the proposed less lethal weapon will fire a 37 millimeter rubber "bullet"; that the less lethal weapon provides police officers with an additional line of defense prior to utilizing lethal force in a borderline situation such as a suicidal individual; that an individual determined to commit suicide may create a situation in which a police officer is required to shoot the individual; that the SPD is attempting to avoid fatal shootings by utilizing a less lethal weapon; that the less lethal weapon discharges a rubber bullet at 400 feet per second which is equated with being struck by a baseball travelling at 100 miles per hour; that the less lethal weapon is accurate and can provide multiple hits on a single target; that a less lethal weapon provides a safe resolution to BOOK 48 Page 20114 10/02/00 6:00 P.M. BOOK 48 Page 20115 10/02/00 6:00 P.M. situations in which deadly force is authorized but not desired; that a police department is under investigation for the fatal shooting of a deaf individual who could not hear police officers' commands; that less lethal weapons in the hands of trained police officers can safely resolve dangerous situations without deadly force. Vice Mayor Hogle stated that the International Association of Chiefs of Police (IACP) training for Special Weapons and Tactics (S.W.A.T.) team commanders was personally attended; that an entire day of training was spent focusing on subduing a suicidal suspect without lethal force; that the less lethal weapons system is supported; that a rubber bullet weapon was personally tested and is effective; that providing a SPD supervisor or a highly trained police officer with a less lethal weapon is supported. Commissioner Quillin stated that the report is appreciated; that the public should be aware of efforts made by the City; that the less lethal weapons system is extremely useful. City Manager Sollenberger stated that the Administration recommends approving SPD's request to purchase the less lethal weapons system equipment. Deputy City Auditor and Clerk McGowan read proposed Resolution No. O0R-1312 in its entirety. On motion of Commissioner Hogle and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item No. 1. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yesi Hogle, yes; Mason, yes; Pillot, yes. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan 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 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the 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 recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that no one has filed for certification as an Affected Person; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cros8-examination. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 12. NON QUASI - JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. O0R-1310, APPROVING CITY INITIATED COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 00-PA-03 FOR AN AMENDMENT TO THE SARASOTA CITY PLAN TO DESIGNATE THE GILLESPIE PARK AND THE PARK EAST NEIGHBORHOODS AS AN URBAN INFILL AND REDEVELOPMENT AREA; TO ADD A MAP TO THE FUTURE LAND USE MAP SERIES DEPICTING THE BOUNDARIES OF SUCH AREA; AND TO ADD AN ACTION STRATEGY TO THE FUTURE LAND USE CHAPTER EXPLAINING THE PURPOSE FOR SUCH DESIGNATION; AUTHORIZING THE TRANSMISSION OF THE PROPOSED AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND COMMENT; ; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM IV-A-1) #1 (1790) through (2040) Mayor Pillot stated that proposed Resolution No. O0R-1310 authorizes the transmittal of Comprehensive Plan Amendment Application No. 00-PA-03, a proposed amendment to the Future Land Use Plan of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), to the Florida Department of Community Affairs (DCA). David Smith, Senior Planner II, Planning and Development Department, Gregory Horwedel, Director of Neighborhood Development, Patrizia Barbone, Neighborhood Planner, Department of Neighborhood Development, came before the Commission. Mr. Smith stated that Comprehensive Plan Amendment Application No. 00-PA-03 as incorporated in proposed Resolution No. O0R-1310 is known as a large-scale comprehensive plan amendment; that the Commission will decide if Comprehensive Plan Amendment BOOK 48 Page 20116 10/02/00 6:00 P.M. BOOK 48 Page 20117 10/02/00 6:00 P.M. Application No. 00-PA-03 should be transmitted to the DCA; that Comprehensive Plan Amendment Application No. 00-PA-03 includes a new land use map, entitled Illustration LU-11, and proposed Action Strategy 5.4 as follows: 5.4 Urban Infill and Redevelopment Area: The City of Sarasota designates the area depicted in Future Land Use Map No. LU-11 as an Urban Infill and Redevelopment Area (UIRA). The City of Sarasota designates this area sO that it might apply for grants under the Urban Infill and Redevelopment Assistance Grant Program established by the "Growth Policy Act." Mr. Smith continued that Comprehensive Plan Amendment Application No. 00-PA-03 designates the Gillespie Park and Park East Neighborhoods as Urban Infill and Redevelopment Areas (UIRA); i that the UIRA designation is a result of an extensive City-initiated neighborhood revitalization effort; that the UIRA Grant Program is administered by the DCA which requires the designation of an UIRA within the local comprehensive plan prior to approval of a grant application; that local governments can apply for grants to improve certain areas which meet specific criteria; that Comprehensive Plan Amendment Application No. 00-PA-03 designates the Gillespie Park and Park East Neighborhoods on Illustration LU-11 of the Future Land Use Map Series and incorporates proposed Action Strategy 5.4 into the Future Land Use Plan, which indicates the City will pursue funding in accordance with the UIRA Grant Program; that Illustration LU-11 will be added to the Future Land Use Map Series; that land use is not modified by Illustration LU-11; however, a particular area is being designated for the UIRA Grant Program; that the DCA will be requested not to review Comprehensive Plan Amendment Application No. 00-PA-03 in accordance with Chapter 9J-11, Florida Administrative Code, to expedite the grant application process by approximately 30 days and ensuring the City can meet the November 15, 2000, grant application deadline; that Staff wishes to transmit the Comprehensive Plan Amendment Application No. 00-PA-03 as incorporated in proposed Resolution No. O0R-1310 to the DCA. Mayor Pillot asked if the DCA has expressed the intent not to review Comprehensive Plan Amendment No. 00-PA-03? Mr. Smith stated yes; that no guarantees have been made by the DCA regarding the grant process time length; that Staff has corresponded with the DCA regarding the grant process in great detail on several occasions; that the DCA will be contacted regarding any changes in the status of Comprehensive Plan Amendment Application No. 00-PA-03. Ms. Barbone stated that the DCA is aware of the time line and has requested UIRA Grant Program applicants forego the general review process in order to meet established deadlines. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot Closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Resolution No. OO0R-1310 by title only. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. O0R-1310 authorizing the transmittal of Comprehensive Plan Amendment Application No. 00-PA-03 to the DCA with a request for no review. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to adopt proposed Resolution No. O0R-1310. Commissioner Cardamone stated that the Comprehensive Plan Amendment Application No. 00-PA-03 included in proposed Resolution No. OOR-1310 is supported; that the UIRA Grant Program will provide assistance for implementing Action Strategies for the Gillespie Park and Park East Neighborhoods. Commissioner Quillin stated that the eiforts of Commissloner Mason in motivating Staff to apply for the UIRA Grant Program are appreciated. Commissioner Mason stated that Staff was responsive to the suggestion to apply to the UIRA Grant Program; that the Commission and Staff operate as a team to provide benefit to the City. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. BOOK 48 Page 20118 10/02/00 6:00 P.M. BOOK 48 Page 20119 10/02/00 6:00 P.M. 13. QUASI - JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 00-4267, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 175 MORNINGSIDE DRIVE, HISTORICALLY KNOWN AS THE DEVRIES/CRAIG HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 00-HD-07, APPLICANT MARTIN TREU, AS AGENT FOR TREU INVESTMENTS OF SARASOTA, LTD., AS OWNER) = PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (2040) through (2489) City Attorney Taylor stated that proposed Ordinance No. 00-4267 is considered a quasi-judicial public hearing and provides for the designation of the single-family residence located at 175 Morningside Drive, historically known as the Devries-Craig Residence, as a structure of historic significance pursuant to the City's Historic Preservation Ordinance; that no individuals have been certified as Affected Persons; that time limits should be established; that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 3 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Pillot stated that hearing the Commission's agreement, the time limits are approved; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Martin Treu, Partner, Treu Investments of Sarasota, Ltd., came before the Commission and stated that the Devries-Craig House satisfies criteria in Section IV-806 (A), Zoning Code (1998), as follows: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, during the post World War II building boom; 4. Embodies the distinctive visible characteristics of the Sarasota School of Architecture; and 5. Represents the work of architect Tim Seibert, whose accomplishments were recognized by the American Institute of Architects (AIA) through the election of Mr. Seibert to the AIA College of Fellows in May 1998 and through Mr. Seibert's reception of the AIA Test of Time Award in 1999 for work regarding the John D. McDonald House. Mr. Treu referred to photographs displayed on the overhead projector throughout the presentation indicating architectural features of the Devries-Craig House; and stated that the Devries- Craig House has a flat roof with a generous overhang; that the pool cage is part of an original addition in 1959; that the Devries-Craig House was completed in 1955; that the pool cage was designed as part of the original architecture by the original architect Tim Seibert; that the Devries-Craig House has a carport, slab-on-grade construction, jalousie windows, horizontal bands of windows, large custom-made sliders, an interior storage wall; that the publication of the book entitled The Sarasota School of Architecture 1941-1966 by John Howey, et al. (September 1997) has received attention from design and scholastic professionals and has focused attention on homes designed by architects from the Sarasota School of Architecture; that the designation of the Devries-Craig House will reinforce and protect an important asset in which visitors to the community are interested. Mayor Pillot requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning and Development Department stated that Staff from the Sarasota County Department of Historical Resources determined the historical resource known as the Devries-Craig House possesses the integrity of location, design, setting, materials, workmanship, and association; that the Historic Preservation Board unanimously recommended approval to the Commission based upon the following criteria in Section IV-806 (A), Zoning Code (1998): : 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota county, the State of Florida, or the United States of America; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction; and BOOK 48 Page 20120 10/02/00 6:00 P.M. BOOK 48 Page 20121 10/02/00 6:00 P.M. 5. Represents the work of a designer or builder whose work has been generally acknowledged. Commissioner Cardamone stated that the City has lost many homes and buildings attributed to the Sarasota School of Architecture; and asked if the homes built by practitioners of the Sarasota School of Architecture can be cataloged? Mr. Burg stated that the book by John Hewey contains a good catalog and inventory of the homes; that the County's Department of Historical Resources also has documentation of historical homes attributed to the Sarasota School of Architecture; that one criteria for historical designation is a home reaching 50 years of age; that the homes of the period of the Sarasota School of Architecture are reaching the age for historical designation sO many more requests are anticipated. Commissioner Cardamone stated that the importance of the City's historical homes should be stressed; that an individual may recognize the architectural features discussed and determine a structure as potentially historic; that individuals should be encouraged to apply for historical designation. Mr. Burg stated that individuals may contact the City's Planning and Development Department or the County's Department of Historical Resources. Commissioner Cardamone stated that the few homes designed by architects attributed to the Sarasota School of Architecture are significant in appearance. Commissioner Quillin stated that a Sarasota School of Architecture home is located on Casey Key and is scheduled for demolition; that the home is being offered free to any individual with vacant land to which to move the home; that the City should provide incentives to save historical homes; that artists, architects, writers, circus individuals, entrepreneurs, and wealthy visitors helped develop the unique City of Sarasota. Mayor Pillot requested that other interested persons come forward. Deputy City Auditor and Clerk McGowan stated that no interested persons have signed up to speak. Mayor Pillot stated that neither the Applicant nor the City has any rebuttal. Mayor Pillot requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 00-4267 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4267 on first reading. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 14. CITIZENS' INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO DEVELOP A DISPLAY AREA FOR PROPOSED CONCEPTS FOR MASTER PLANNING PURPOSES (AGENDA ITEM V) #1 (2489) through (3036) The following persons came before the Commission: Rita Roehr, 3740 Glen Oaks Manor Drive (34232), former Commissioner and Mayor, stated that a September 20, 2000, letter from Mayor Pillot regarding comments concerning the Bayront was received; that returning to work in public service in order to continue enjoying the Bayfront is not desired; that the suggestion to construct ten buildings in the parking lot of the Van Wezel Performing Arts Hall (VWPAH) as recommended in the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft is excessive; that a planner's objection to providing vehicular parking for the multiple uses in the VWPAH area is not understood; that providing parking for the use offered is important as evidenced by the parking at Centennial Park for the boat ramps and the City's purchase of land for parking Downtown; that a member of the Planning Board/Local Planning Agency previously requested the Commission take some action concerning the parking at the Centennial Park boat ramps; that a clear, concise explanation of the Commission's plans for the parking at the Centennial Park boat ramps is desired; that the boaters are becoming restless. Vice Mayor Hogle stated that giving up park property for the purpose of providing additional parking for boats at Centennial Park is not supported. BOOK 48 Page 20122 10/02/00 6:00 P.M. BOOK 48 Page 20123 10/02/00 6:00 P.M. Mayor Pillot agreed. Commissioner Quillin stated that a prior Commission consensus was to develop a master plan for the VWPAH area; that the Commission has not agreed to change any use at Centennial Park; that the property was purchased by voter referendum; therefore, changes in property use should be approved by the voters. Commissioner Cardamone stated that the Bayfront area of Centennial Park is not usable or accessible; that installing some picnic tables was discussed; that the Commission has not considered plans to change the existing parking at Centennial Park. Mayor Pillot stated that the Centennial Park boat ramps are utilized with varying frequencies; that an analogy is Fire Department services which are not utilized frequently, fortunately; that eliminating a Fire Department due to infrequent utilization is not practical; that the purposes of boat ramps and Fire Departments are extremely different; however, both are necessary although not continuously utilized; that Ms. Roehr's comments are appreciated. Thorning Little, 537 South Pineapple Avenue (34236), Architect, distributed a bound presentation dated October 2, 2000, entitled Sarasota Bayfront Park - Piazza; referred to a drawing displayed on a poster board illustrating a conceptual plan for the Bayfront Park entrance and cul-de-sac; and stated that the Master Plan Preliminary Draft public hearings will begin soon; that the recommendations of Duany Plater-Zyberk & Company (DPZ) regarding a hotel at Bayfront Park produced brainstorming; that DPZ expressed various ideas and indicated suggestions are welcomed; that the cul-de-sac is heavily embellished with landscaping and surrounds a very large fountain; that 18 vehicles utilizing parking are considered in the conceptual illustration; that four buildings are proposed to create a formal piazza or open square intended for public use; that the buildings can provide for multiple uses; that enhancements create an open plaza for the public and provide shaded space, open air, enclosed cafés, tourist-oriented curio shops, meeting areas for various public functions, and consideration for a carousel and playground in the immediate proximity; that two proposed buildings will be two stories and two proposed buildings will be single story; that the proposed two-story buildings house open porches intended for small cafés with indoor/outdoor dining, an ice cream shop, a candy store, or other soft retail use on the ground floor; that the proposed two-story buildings will be in a flood zone and require flood- proof construction; that the second floor can house meeting rooms accommodating public clubs, wedding receptions, etc.i; that the remaining two structures are open-air pavilions providing a view of the water from the cafés; that another concept provides for open terraces immediately adjacent to the water; that old- world architecture with charm and enchantment is desired for the proposed buildings in Bayfront Park which may become a landmark; that presenting the proposed concept to DPZ is desired. Commissioner Quillin stated that the proposed two-story buildings will stand at 35 feet; therefore, Federal Emergency Management Agency (FEMA) regulations will apply. Mr. Little stated that the proposed building profile can be kept below 35 feet; that the ground level will be in a flood zone; that flood proofing capabilities are available. Commissioner Quillin asked if food service establishments can be maintained in a flood zone? Mr. Little stated that the Epicure Italian Restaurant and Market is a food service establishment built as a flood-proof structure in a flood zone. Mayor Pillot stated that the concept will be reviewed by Staff; that Staff will present the concept to DPZ for consideration. Commissioner Quillin stated that concepts developed for the Master Plan Preliminary Draft public hearings should be displayed on a common wall for the public to review. City Manager Sollenberger stated that the suggestion is excellent; that a display area for proposed concepts will be identified. 15. UNFINISHED BUSINESS: REPORT RE: UPDATE ON CONSOLIDATED PLAN - RECEIVED RECOMPENDATIONS (AGENDA ITEM VI-1)) #1 (3036) through 2 (0495) Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the Sarasota Consortium 2000 - 2005 Consolidated Plan (Consolidated Plan) identifies housing needs and allocates Federal and State resources to meet such needs; that Staff has been working with BOOK 48 Page 20124 10/02/00 6:00 P.M. BOOK 48 Page 20125 10/02/00 6:00 P.M. housing providers, lenders, non-profit agencies, builders, and other interested individuals to develop revised programs as a second phase to implement the Consolidated Plan; that various foundation, State, and Federal funds are being reviewed to determine usability; that the advisory committee developed goals and has been disbanded; that the Florida Housing Coalition is utilized by the State to provide technical assistance to local governments in the form of training and on-site assistance and is providing input regarding the development of the second phase programs; i that eight initial focus group meetings and three advertised public meetings were conducted by Staff and the Florida Housing Coalition; that Staff did not participate in the meetings to ensure a community-driven process; that Staff did participate in the follow-up meetings for program development; that the draft policies included in the Agenda backup material are the result of the meetings; that approval of the broad concepts presented is not being requested; that feedback from the Commission is being sought; that written policies and procedures developed from the concepts may be unworkable; that the final revisions to the Consolidated Plan may be different from the concepts presented; that the concepts do not consider the new State Housing Initiatives Partnership (SHIP) program which limit the value of houses the City can assist; that the current SHIP value is $94,995; that the State methodologies used allows the City to assist with houses having a value of $162,000, or 90 percent of the median value of homes in the County, which will become the new SHIP value; that program development is specifically targeted towards the community's needs; that goals were reviewed during the beginning of the revision process and are as follows: To improve neighborhoods To assist with income- sensitive housing Mr. Hadsell continued that the community indicated the City should move away from the prior goal of recapturing funds and focus instead on assisting neighborhoods and housing programs ; that the five basic programs are as follows: Tax Credit Program - Down Payment Assistance Program Purchase-Rehab Program Housing Rehabilitation Program Housing Partnership Program Mr. Hadsell further stated that the Commission's comments regarding anticipated problems with program revisions are desired. Mayor Pillot asked for clarification of the program revisions. Mr. Hadsell stated that the Tax Credit Program is utilized to create rental housing; that the State has agreed to four changes requested by Staff and are as follows: To reduce the required match for Sarasota County projects from $1 million to $400,000. To extend the application period in the State from 60 to 90 days to enable sufficient time to conduct a local application process. To notify local governments of any changes in the proposed application as it is being developed. To conduct a workshop for local governments to inform them of the State's ranking criteria and to assist them in developing a local process. Mr. Hadsell continued that the lower matching figure of $400,000 enables the City to approve five projects; that only four projects are currently funded Statewide; that the City is fortunate to have the ability to provide a match for eligible projects; that the City can provide local approval to developers, who would then seek State approval. Commissioner Cardamone asked for Clarirication of changes made to the Rehabilitation Program. Mr. Hadsell stated that citizen groups proposed four major changes as follow: To defer all loans for a period of five years and then forgive the loans at a rate of $3,000 per year for ten years to a maximum of $30,000. - To increase the maximum loan amount to $40,000. To eliminate the requirement that the property be insured after the initial assistance. BOOK 48 Page 20126 10/02/00 6:00 P.M. BOOK 48 Page 20127 10/02/00 6:00 P.M. To limit assistance to once every 15 years or until the loan is paid in full to prevent persons from becoming dependent on the program. Mr. Hadsell continued that the City currently makes a loan which exists until the loan recipient no longer resides in the home; that Staff believes the current policy is creating a problem; that with an existing loan, a homeowner cannot acquire equity or borrow money for further repairs; that the citizens suggested tying the assistance term to the length of improvements, estimated at 15 years; that the loan would be forgiven over a 15-year period, up to a maximum of $30,000. Commissioner Cardamone stated that a positive aspect of the City assisting residents with home repair is the recycling of funds to another homeowner; that the cycle may take 30 years; however, the funds eventually come back to the City; that forgiving the loans is not supported; that the importance of acquiring equity is understood; that most rehabilitation loans are for elderly homeowners who cannot afford home repair; that the City should be reimbursed if a home is sold. Mayor Pillot stated that the Commission's comments will be considered in the development of the final revision to the Consolidated Plan. Commissioner Cardamone stated that eliminating the requirement for property insurance is not supported; that loaning funds for rehabilitation of uninsured property is a poor business decision; that the property should at least be insured against fire. Mr. Hadsell stated that the assisted individuals have low incomes and have difficulty paying the insurance premiums; that often the decision must be made to pay for food, medicine, taxes, or insurance; that insurance is the first expense eliminated; that the average cost of insurance for the past eight City loans is $518 per year or $43.20 per month; that the income of individuals participating in the programs is approximately $442 to $931 per month; that ad valorem and non-ad valorem taxes total approximately $508 per year or $43 per month; that individuals contact the Office of Housing and Community Development requesting forgiveness; that Staff is required to tell individuals the City will foreclose on a home if insurance is not paid; that the prudent decision is not to foreclose on low-income homeowners; that the City should either not enforce the requirement for insurance or provide loans only to individuals with an income capable of paying both insurance and taxes. Commissioner Cardamone stated that the problem is understood; that foreclosing on a home for which the City has provided rehabilitation funding is not desired; that investments should be protected; that difficulty paying for taxes and insurance is understood; that a program should be developed to aid an individual in paying for insurance if the home has been rehabilitated with the aid of City funds; that funds should be available to help the City protect its investment. Mr. Hadsell stated that a cost analysis has not been prepared; that only a few fires have destroyed houses rehabilitated with the aid of City funds; that the cost of annual premiums if assisting individuals with property insurance would probably equal the cost of homes lost to destruction each year. Commissioner Cardamone stated that a solution probably exists to ensure assistance for property insurance premiums; that the property insurance premium assistance provided can be added to the lien on a home with a rehabilitation loan; that not expecting repayment of a loan is unimaginable; that a neighborhood initiative's purpose is to clean up neighborhoods, identify homes requiring rehabilitation, and rehabilitate. Commissioner Quillin stated that the Federal and State funds are specifically intended for low- to moderate-income individuals; that a pool of funds may be developed for liabilities; that property can be lost to a lawsuit judgment if an individual is injured on the property; that insurance deductibles can range from $500 to $1,000 per year; that an uninsured rehabilitation project is unfair to neighbors; that many homes in the City are wooden structures which are Close together. Commissioner Cardamone stated that a possibility is self- insurance. Mr. Hadsell stated that a number of individuals do not have the ability to borrow funds; that the Office of Housing and Community Development does not prefer denying aid to individuals in need. Vice Mayor Hogle stated that the Rehabilitation Program is strongly supported; that forgiving loans is not supported; that recycling loans and providing additional opportunities is a good BOOK 48 Page 20128 10/02/00 6:00 P.M. BOOK 48 Page 20129 10/02/00 6:00 P.M. concept; ; that the funds should be returned to the City; that the principle should be returned; that déveloping a pool for liabilities should be considered. Commissioner Quillin asked if the recommendations came from the advisory committee? Mr. Hadsell stated no; that recommendations came from the community. Commissioner Quillin asked if the advisory committee has reviewed the recommendations? Mr. Hadsell stated that the advisory committee has sunsetted; that the purpose of the advisory committee was to develop the Consolidated Plan. Commissioner Quillin stated that the advisory committee should be consulted regarding updates to the Consolidated Plan. Mr. Hadsell stated that a proposal to establish a subsequent advisory committee is being developed for presentation to the Commission; that the proposed advisory committee will provide assistance regarding the Consolidated Plan revisions. Commissioner Quillin stated that individuals utilize the programs due to a lack of equity; that recycling funds back to the City is supported; that the programs are a hand up rather than a hand out. Mayor Pillot stated that the points previously discussed regarding insurance and recycling the loans is supported. Mr. Hadsell stated that citizens expressed a desire for forgiveness of down payment assistance loans; that the Commission's opinion is anticipated; that the Housing Partnership Program includes a change to the fee structure to encourage rehabilitation of older structures; that all revisions will be presented to the Commission for comment. Commissioner Cardamone stated that urban area houses should have mail receptacles on the structure not at the curb such as in a rural setting; that the US Postal Service has been actively promoting mail receptacles placed at the curb; that a citizen has expressed difficulty retrieving mail from a receptacle at the curb due to narrow streets; that the City is an urban area and should receive mail delivery at the door. Commissioner Quillin asked if the placement of mail receptacles is determined by the US Postal Service? Commissioner Cardamone stated that the US Postal Service offers a post, mailbox, and installation incentive sO mail carriers are not required to leave the mail vehicle. Mr. Hadsell stated that a considerable amount of discussion regarding the placement of mail receptacles has occurred; that the County prohibits placement of a mail receptacle on the door in some areas; that Staff will review the varying standards in the City and County. Commissioner Cardamone stated that the differences between urban streets and rural roads should be discussed; and quoted the Partnership Program Summary of Proposed Changes concerning changing the Developer Fee Structure from 9.5 percent of the final sales price . to a flat fee on a sliding scale as follows: New construction would receive an $8,500 developer's fee. Rehabilitation with less than $10,000 in repairs would have a developer's fee of $7,000. Properties with between $10,001 and $20,000 in repairs would receive an $8,000 in developer's fee. The purchase and sale of property with more than $20,000 in repairs would receive a $9,000 developer's fee. Commissioner Cardamone stated that the desire for changing the Developer Fee Structure is understood; and asked for clarification of rehabilitation with less than $10,000 in repairs requiring a developer's fee of $7,000. Mr. Hadsell stated that the fee includes purchasing, rehabilitating up to $10,000 in repairs, and selling a house to a qualified buyer. Commissioner Cardamone stated that the language for the changes should be Claritled. BOOK 48 Page 20130 10/02/00 6:00 P.M. BOOK 48 Page 20131 10/02/00 6:00 P.M. Mr. Hadsell stated that the language will be clarified; that the Commission's input is appreciated; that the recommendations are community-driven. City Manager Sollenberger stated that the Commission's comments will be incorporated into the Consolidated Plan revisions. 16. UNFINISHED BUSINESS: DISCUSSION RE: FLORIDA WEST COAST SYMPHONY, INC. CONCERNING CONSTRUCTION OF PHASE I (EDUCATIONAL WING) AND PHASE II (CONCERT HALL) BY THE FLORIDA WEST COAST SYMPHONY UPON THEIR LEASEHOLD AGREED TO: 1) FIND THE SITE PLAN FOR PROPOSED PHASES I AND II ACCEPTABLE SUBJECT TO CONDITIONS INCLUDING A SHARED PARKING AGREEMENT, 2) AUTHORIZE THE ADMINISTRATION TO INITIATE AND PROCESS ALL APPROPRIATE DEVELOPMENT APPROVAL APPLICATIONS, AND 3) AUTHORIZE THE ADMINISTRATION TO NEGOTIATE AMENDMENTS TO THE LEASE AGREEMENT CONCERNING COORDINATION OF USAGE AND USAGE OF THE PROPOSED CONCERT HALL BY THE VAN WEZEL PERFORMING ARTS HALL (AGENDA ITEM VI-2) #2 (0495) through (1510) Mayor Pillot stated that the construction of Phases I and II of the proposed Florida West Coast Symphony, Inc. (FWCS), facility will be presented. City Manager Sollenberger stated that the Administration's recommendation has three parts; that approval of the Administration's recommendations approves the site plan for the proposed FWCS facility and would be rendered in the City's capacity as property owner and is not a regulatory approval; that Commission approval will also authorize the Administration to execute the property owner's authorization concerning land development issues and negotiate with FWCS concerning parking issues, use of the proposed FWCS Concert Hall, and reimbursement of FWCS for such uses; that the Commission discussed the proposed expansion plans of FWCS at the September 5 and 12, 2000, Commission Workshops; that the Administration's recommendations were formulated based upon the consensus achieved at the September 5 and 12, 2000, Commission Workshops. Mayor Pillot asked if the Administration's recommendations were submitted to representatives of FWCS? City Manager Sollenberger stated yes; that the significant issues were discussed with representatives and members of FWCS. Mayor Pillot asked if the representatives of FWCS have a copy of the Administration's recommendations? City Attorney Taylor stated that City Attorney's Office provided a copy of the Administration's recommendations to legal representatives of FWCS. City Manager Sollenberger stated that the Administration's recommendations require adoption of a motion on three matters; and quoted the Administration's first recommendation from the Agenda Request Form included in the Agenda backup material as follows: 1. Action under the Lease Agreement: Recommend a motion to find the proposed Phase I (Educational Wing) and Phase II (Concert Hall) as depicted on Site Plan No. 00-SP-13 (date stamped as received by the Planning Department on July 20, 2000) conditionally acceptable under Section 7 of the Lease Agreement between the City and the Florida West Coast Symphony, Inc. (FWCS) i that approval shall be conditional upon FWCS complying with the requirements of any and all codes and regulations applicable and subject to final approval by the Commission in the regulatory capacity of Major Conditional Use Application No. 00-MCU-03, Site Plan Application No. 00-SP-13, G Zone District Waiver Application No. 00-GZW-01, and a Shared Parking Agreement between the City and FWCS regarding the sharing of parking spaces within the parking lot of the Van Wezel Performing Arts Hall. City Manager Sollenberger continued that the Administration's first recommendation regards Commission approval of the site plan in the City's capacity as property owner. Mayor Pillot asked if the Commission should consider each recommendation separately or the three recommendations at once? City Manager Sollenberger stated that the Commission should consider each recommendation separately as each of the Administration's recommendations requires significant consideration. BOOK 48 Page 20132 10/02/00 6:00 P.M. BOOK 48 Page 20133 10/02/00 6:00 P.M. Mayor Pillot stated that representatives of FWCS did not sign up to speak; that the matter is significant to FWCS and the local community; that representatives of FWCS could be invited forward to address the Administration's recommendations; that hearing the Commission's agreement, representatives of FWCS are invited to come forward. Commissioner Cardamone stated that discussion of the matter should be held prior to Commission approval of the Administration's recommendations; that certain questions will. be directed to the Administration and Staff. Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, Joel Freedman, AICP, President, Freedman Consulting Group, Gretchen Serrie, Executive Director, and Leif Bjaland, Artistic Director, FWCS, came before the Commission. Attorney Bailey stated that the Administration's recommendations were provided to FWCS, will authorize Staff to process FWCS development review applications if approved, and are supported; that additional negotiations will be required. Mayor Pillot asked if FWCS approves each of the Administration's three recommendations? Attorney Bailey stated yes. Ms. Serrie stated that meetings were held with the Administration and Staff to discuss the concepts suggested by the Commission at the September 5 and 12, 2000, Commission Workshops; that the proposed facility will benefit FWCS. Maestro Bjaland stated that the proposed FWCS facility will enhance FWCS activities and be of service to the Van Wezel Performing Arts Hall (VWPAH) and the local arts community. Mr. Freedman stated that cooperation and assistance is offered to the City in consideration of approval of the proposed FWCS facility. Commissioner Cardamone stated that at the September 5 and 12, 2000, Commission Workshops, the Commission requested further recommendations concerning the impact of the proposed FWCS facility on parking issues at the Civic Center and particularly the VWPAH; and asked the status of the Administration's study of parking issues at the Civic Center? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Staff inventoried parking issues for the Civic Center recently; that the Administration and Staff scheduled a future meeting to discuss the parking space necessary for the Civic Center and to formulate recommendations to present to the Commission. City Manager Sollenberger stated that meetings will be held with representatives of FWCS to discuss parking issues. Commissioner Cardamone asked if the Commission could approve a Shared Parking Agreement between the City and FWCS as the required parking remains unknown? City Manager Sollenberger stated that the Administration's recommendations request Commission approval of negotiation of a Shared Parking Agreement between the City and FWCS and will not result in final approval of a Shared Parking Agreement; that the Administration will provide further recommendations at later meetings; that the Planning Board/Local Planning Agency (PBLP) will also consider the parking issues at the Civic Center and provide recommendations to the Commission. City Attorney Taylor stated that Commission approval of the FWCS site plan is conditioned upon the successful negotiation of a Shared Parking Agreement on terms acceptable to the City and FWCS. Mayor Pillot asked if the Commission should make a motion concerning the Administration's first recommendation? City Manager Sollenberger stated yes; that each recommendation was worded precisely by the City Attorney's Office. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve the Administration's first recommendation as follows: To find the proposed Phase I (Educational Wing) and Phase II (Concert Hall) as depicted on Site Plan No. 00-SP-13 (date stamped as received by the Planning Department on July 20, 2000) conditionally acceptable under Section 7 of the Lease Agreement between the City and the Florida West Coast Symphony, Inc. (FWCS) i that approval shall be conditional upon FWCS complying with the requirements of any and all codes and regulations applicable and subject to final approval by the Commission in the regulatory capacity of Major Conditional Use Application No. 00-MCU-03, Site BOOK 48 Page 20134 10/02/00 6:00 P.M. BOOK 48 Page 20135 10/02/00 6:00 P.M. Plan Application No. 00-SP-13, G Zone District Waiver Application No. 00-GZW-01, and a Shared Parking Agreement between the City and FWCS regarding the sharing of parking spaces within the parking lot of the Van Wezel Performing Arts Hall (VWPAH). Rita Roehr, 3740 Glen Oaks Manor Drive (34232), former Commissioner and Mayor, came before the Commission and stated that FWCS raised funds based on an attractive yet insufficient plan for the proposed facility; that a pre-application meeting was not held concerning the proposed FWCS facility; that Phase II of the proposed FWCS facility will be built 15 feet from the water and mangroves; that the City would never permit other organizations or persons to construct a building so close to the water and local estuary system; that the proposed FWCS facility will displace approximately 450 parking spaces at the Civic Center; that the Sarasota Flower Club, the Sarasota Garden Club, Gulfcoast Wonder & Imagination Zone (G.WIZ), and the Sarasota Lawnbowling Club also require parking space at the Civic Center. Ms. Roehr continued that the VWPAH averages an annual deficit; that local taxpayers subsidize VWPAH losses; that an endowment subsidizes FWCS; that questions concerning funding and the ability of each Phase of the proposed facility to operate independently should be addressed; that the lobby of the proposed FWCS facility is significantly larger than the Grand Foyer of the VWPAH; that potential VWPAH and FWCS scheduling conflicts were not addressed adequately; that certain elements of the construction plan related to flood plane and environmental issues remain unresolved; that a choice must be made between the arts and the environment, which are both treasured by the local community; that a compromise should be sought; that the City should develop a master plan for the Civic Center; that several significant alternatives exist and should be examined; that the City should consider the capacity of the Civic Center carefully. Mayor Pillot called for a vote on motion to approve the Administration's first recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Quillin stated that the Commission acts as the property owner and landlord concerning the Civic Center; and asked if the Administration's recommendations amend the City's current lease agreement with FWCS but do not approve the proposed FWCS facility? City Manager Sollenberger stated that the City's lease agreement with FWCS requires the Commission approve a plan for the proposed FWCS facility as property owner and landlord; that FWCS is required to file the appropriate plans with the City the same as any developer; that the plans must be approved by the PBLP, which will submit recommendations to the Commission for final approval. Commissioner Quillin stated that approval of the Administration's recommendations will not approve a final plan for the proposed FWCS facility but will alter the City's lease agreement with FWCS; that the proximity of the proposed FWCS facility to the water and local estuary is a significant issue; that local community members should seek to assist the expansion efforts of FWCS; that a master plan of the Civic Center should be developed to ensure the consistency of future development. City Manager Sollenberger quoted the Administration's second recommendation from the Agenda Request Form included in the Agenda backup material as follows: 2. Processing of Development Approval Applications: Recommend authorizing the Administration to execute on behalf of the City a Property Owner's Authorization to consent to and authorize the Florida West Coast Symphony, Inc. (FWCS), in the capacity of tenant, to initiate and process an application for a Major Conditional use to allow a nongovernmental leasehold use for the Phase I Educational Wing) and Phase II (Concert Hall) upon the Leasehold; to initiate and process a site plan reflecting Phase I Educational Wing) and Phase II (Concert Hall); requesting a G Zone District Waiver as to on-site parking requirements in conjunction with processing a Shared Parking Agreement between the City and FWCS regarding the utilization of parking spaces within the parking lot of the Van Wezel Performing Arts Hall. Commissioner Cardamone stated that parking issues remain outstanding; that Ms. Roehr's concerns are also held by the Commission; that the VWPAH should have first priority for use of existing parking space; that the Municipal Auditorium also requires significant parking space; and asked if the BOOK 48 Page 20136 10/02/00 6:00 P.M. BOOK 48 Page 20137 10/02/00 6:00 P.M. Administration will recommend the abrogation of FWCS rights to shared parking during VWPAH events? Mr. Schneider stated that the Administration will offer the Commission recommendations which will not create parking conflicts such as was experienced at the time boat ramps were located on the southern portion of the Civic Center; that negotiations with FWCS should be held prior to issuing recommendations; that the Administration will assess the average number of annual scheduling conflicts of FWCS and the VWPAH. Mayor Pillot asked if final approval of the proposed FWCS facility is conditioned upon the successful negotiation of a Shared Parking Agreement? City Manager Sollenberger stated yes; that parking issues are of significant concern to the City; that much was learned following the significant parking conflict caused by the location of boat ramps on the southern portion of the Civic Center; that relocation of the boat ramps cost the City significant funds; that the average parking use for each facility of the Civic Center will be examined; that a parking management mechanism will be devised; that the City seeks to benefit all tenants of the Civic Center; that the Administration remains committed to seeking a successful resolution to parking issues at the Civic Center. Commissioner Cardamone stated that a Shared Parking Agreement should be subject to review after several years to determine and assess conflicts; that all parties to a Shared Parking Agreement should be included in reviewing conflicts. Mr. Schneider stated that a review mechanism will be incorporated into the Shared Parking Agreement; that the majority of conflicts will occur immediately following the opening of the proposed facility; that the Shared Parking Agreement will be structured to eliminate parking conflicts as quickly as possible. Commissioner Quillin stated the proposed facility should be tied to a master plan for the Civic Center; that the City should take proactive steps towards ensuring the continued success of the Civic Center; that a master plan will enhance the planning efforts of the agencies or organizations leasing property at the Civic Center; the current and potential uses of the Civic Center should be assessed while examining parking issues; that projections for future uses of the Civic Center should be developed; that a master plan will provide direction for future development of the Civic Center. Vice Mayor Hogle stated that the Commission discussed significant issues pertaining to the Civic Center during discussion of the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft (Master Plan Preliminary Draft); that the final draft of the Master Plan Preliminary Draft will provide a recommendation concerning the Civic Center. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to approve the Administration's second recommendation as follows: To authorize the Administration to execute on behalf of the City a Property Owner's Authorization to consent to and authorize the Florida West Coast Symphony, Inc. (FWCS), in the capacity of tenant, to initiate and process an application for a Major Conditional use to allow a nongovernmental leasehold use for the Phase I Educational Wing) and Phase II (Concert Hall) upon the Leasehold; to initiate and process a site plan reflecting Phase I (Educational Wing) and Phase II (Concert Hall); requesting a G Zone District Waiver as to on-site parking requirements in conjunction with processing a Shared Parking Agreement between the City and FWCS regarding the utilization of parking spaces within the parking lot of the Van Wezel Performing Arts Hall. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. City Manager Sollenberger quoted the Administration's third recommendation from the Agenda Request Form included in the Agenda backup material as follows: 3. Subleasing: Recommend a motion to authorize the Administration to negotiate with Florida West Coast Symphony, Inc. (FWCS), an amendment to Section 23 of the Lease Agreement to achieve consistency between the proposed Shared Parking Agreement and the Lease Agreement as to the coordination of usage of the shared parking spaces between the patrons of the Van Wezel Performing Arts Hall (VWPAH), the Municipal Auditorium, FWCS performances, and activities of FWCS sublessees. This BOOK 48 Page 20138 10/02/00 6:00 P.M. BOOK 48 Page 20139 10/02/00 6:00 P.M. amendment would also address the use of the proposed Concert Hall upon the Leasehold by VWPAH to stage performances without payment of rent to FWCS. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve the Administration's third recommendation as follows: To authorize the Administration to negotiate with Florida West Coast Symphony, Inc. (FWCS), an amendment to Section 23 of the Lease Agreement to achieve consistency between the proposed Shared Parking Agreement and the Lease Agreement as to the coordination of usage of the shared parking spaces between the patrons of the Van Wezel Performing Arts Hall (VWPAH), the Municipal Auditorium, FWCS pertormances, and activities of FWCS sublessees. This amendment would also address the use of the proposed Concert Hall upon the Leasehold by VWPAH to stage pertormances without payment of rent to FWCS. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot asked if Eurther action is required? City Manager Sollenberger stated no. 17. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PROPOSED AMENDMENT TO THE CITY'S PURCHASE AGREEMENT WITH THE RIVERS BROTHERS = APPROVED (AGENDA ITEM VI-3) #2 (1510) through (2280) Gregory Horwedel, Director of Neighborhood Development, came before the Commission and stated that Charles and Ronald Rivers (Rivers brothers) purchased the property located on the northwest corner of Cocoanut Avenue at Fruitville Road from the City; that the purchase agreement stipulated the Rivers brothers would use the property to build townhousés; that Staff examined the Library Mews townhouse project developed by the Rivers brothers; that the property had not been redeveloped in recent years and adjoined properties previously acquired by the Rivers brothers; that the substandard structures on the Rivers brothers properties were demolished; that the properties were cleared for construction of the townhouses as stipulated in the purchase agreement between the City and the Rivers brothers; that the previous agent for the Rivers brothers was unable to submit a site plan and apply for a building permit by July 20, 2000, as specified in the purchase agreement; that the Rivers brothers request a time extension and desire to present the extenuating circumstances which prevented compliance with the original timeline indicated in the purchase agreement; that renderings for development of the property will be presented to the Commission; that language of the proposed amendment to the purchase agreement was carefully worded to protect the interests of the City and the Rivers brothers. Charles Rivers and Ronald Rivers came before the Commission. Mr. R. Rivers stated that significant development delays were experienced during development of the Library Mews project; that delays occurred on other projects including the proposed project on Cocoanut Avenue as a result; that an architect, general contractor, and landscaper were hired to expedite the currently proposed project on Cocoanut Avenue. Thomas O'Brien, 2424 Manatee Ave West, Bradenton (34205), and Phillip Smith, David Johnston Associates, Landscape Architect, Rivers Brothers Development, came before the Commission. Mr. O'Brien displayed an architectural rendering of the proposed townhouse development and stated that the Rivers brothers have taken additional steps to ensure the site plan will be submitted by December 31, 2000; that the townhouses will be located approximately one City block from the recently completed Library Mews; that the nature of the proposed development is similar to Library Mews; that the intent of the project is to develop high- density townhouses as part of the Theater and Arts District (TAD) Zone District close to the street; that the property is long and narrow and bisected by Florida Power and Light (FPL) power lines. Commissioner Cardamone asked the proposed number of townhouse units? Mr. O'Brien stated that 15 townhouse units are planned; that the proposed development is consistent with the TAD Zone District, which provides for a minimum allowed density of 30 units per acre and zero setbacks; that the proposed development will be set back from the sidewalk to create planting areas and additional pedestrian streetscape; that the property lies between the Sarasota Quay and Selby Five Points Park, which is a BOOK 48 Page 20140 10/02/00 6:00 P.M. BOOK 48 Page 20141 10/02/00 6:00 P.M. significant pedestrian area; that the proposed development will integrate with the existing streetscape. Mr. Smith stated that the intent is to incorporate the concept of greenspace in the redevelopment efforts for the area; that the proposed development will complement the pedestrian streetscape and landscaping of the area. Commissioner Quillin stated that significant issues of concern remain; that an alley abuts the existing property; that the proposed development incorporates the alley; that the area is heavily trafficked by pedestrians; that a personal residence was previously near the property; that a historic structure is located near the property; that the intersection of Cocoanut Avenue and Fruitville Road should be designated for a pedestrian sleeve in the City of Sarasota, Downtown Master Plan 2020: Preliminary Drait (Master Plan Preliminary Draft); that enhanced landscaping and the incorporation of greenspace is supported. Mr. O'Brien stated that the intent is not to present a final plan but to indicate the general concept of the proposed development, which is consistent with the allowable density for the TAD Zone District; that the allowed density does not leave significant room for greenspacei, that the intent is to integrate greenspace as well as architectural and streetscape elements in the proposed development. Commissioner Mason stated that fond personal memories of the mango trees located on the property and in the general area exist; and asked if the existing mango trees will be incorporated into the proposed development, relocated, or removed? Mr. O'Brien stated that the mango trees will be removed. Mr. Smith stated that ample space to maintain the mango trees is not available with the density in the TAD Zone District. Mayor Pillot asked the required Commission action? City Manager Sollenberger stated that the Commission is to decide if an amendment to the purchase agreement providing for a time extension will be granted. Mayor Pillot asked the rights of the Rivers brothers according to the purchase agreement and the responsibilities of the Commission regarding such rights? Mr. Horwedel stated that the request of the Rivers brothers is for a time extension to December 31, 2000; that a site plan must be submitted; that ample time was not available to process a site plan for the proposed development; that the extension will permit the Rivers brothers to compose and submit a formal site plan to the City. Mayor Pillot asked if the Commission is only approving the time extension and not the proposed structures? Mr. Horwedel stated that is correct. Mayor Pillot asked the ramifications if the extension is not approved? Mr. Horwedel stated that the City can initiate a recapture of the property as provided by the purchase agreement; that the City would pay the Rivers brothers the original purchase price of the property; that property would be owned by the City unless the Rivers brothers filed a legal suit against recapture; that Staff and the City Attorney's Office discussed the ramifications related to pursuing recapture; that the Commission could decide if to pursue recapture or alternate actions. Mayor Pillot stated that the Rivers brothers are required to follow all development review procedures if the time extension is approved; that the Commission commits only to the time extension and nothing else; that the presentation of the Rivers brothers demonstrates the necessity for the time extension; that the Commission is not approving final plans for the property at this time. Mr. O'Brien stated that the intent of the current presentation is to demonstrate the general concept of the proposed development and the preparedness of the design team to meet the December 31, 2000, deadline; that the final design will be reviewed by City Staff. City Attorney Taylor stated that the Rivers brothers contracted with the City to construct a townhouse, multi-family, residential development on the propertyi that the proposed development must meet all the required City codes and satisfy the processes required of any development; that the purchase agreement provides only for the general form for the type of development on the property. BOOK 48 Page 20142 10/02/00 6:00 P.M. BOOK 48 Page 20143 10/02/00 6:00 P.M. Commissioner Cardamone stated that the Rivers brothers were permitted to address the Commission to ensure the proposed development is proceeding; that the specific structures will not be approved by the Commission at this time; that the Rivers brothers must meet the requirement of the Zoning Code (1998) and the purchase agreement; that the presentation of the Rivers brothers is encouraging and demonstrates a willingness to proceed with the proposed development. Commissioner Quillin stated that the Rivers brothers have not proceeded with development beyond the purchase of the propertyi that the site development stage was not completed; that the Rivers brothers were required to obtain a building permit by July 21, 2000; that the Commission granted an time extension to the purchase agreement with the Vengroffs; however, the Vengroffs obtained a building permit prior to the Commission's approval of a time extension; that the purchase agreement with the Rivers brothers was concluded on April 15, 1999; that the time extension will be supported; however, the Rivers brothers are initiating a new development which will require significant time; and asked if the Rivers brothers presented a site and development plan previously? Mr. Horwedel stated no; that the Rivers brothers will submi t a site and development plan for Commission approval. Commissioner Quillin stated that a deadline for submission of a site and development plan should be included in the amendment to the purchase agreement. Mayor Pillot quoted the proposed amendment to the purchase agreement included in the Agenda backup material as follows: The Buyer shall submit a site and development plan to the City of Sarasota pursuant to its applicable codes on or before December 31, 2000. Commissioner Cardamone quoted the proposed amendment to the purchase agreement as follows: : and to commence construction of the development within ninety (90) days of the date of issuance of the building permit. Commissioner Cardamone continued that the amendment to the purchase agreement requires the Rivers brothers proceed with development. Commissioner Quillin stated that further time extensions will not be supported; that other developers could be contracted to purchase and develop the property. Mayor Pillot concurred. Mr. O'Brien stated that a meeting was held with the City Attorney's Office and Staff to determine a schedule for the amendment to the purchase agreement; that the design team hired by the Rivers brothers is committed to the proposed schedule. Mayor Pillot stated that the Commission is approving the time extension only. Commissioner Cardamone stated that the amendment also requires the Rivers brothers obtain a Certificate of Occupancy within 18 months from the date the building permit is issued. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to approve the proposed amendment to the purchase agreement between the City and the Rivers brothers and to authorize the Mayor to sign the amendment on behalf of the City. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Cardamone stated that the efforts of Staff and the City Attorney's Office to expedite development and to negotiate language benefiting the City's interests are appreciated. 18. NEW BUSINESS: APPROVAL RE: NEIGHBORHOOD GRANT APPLICATIONS - APPROVED NEIGHBORHOOD GRANT APPLICATION NOS. 1, 4, 7, 9, AND 10, EXCLUSIVE OF ITEM E, AS RECOMMENDED BY THE NEIGHBORHOOD GRANT COMMITTEE (AGENDA ITEM VII-1) #2 (2280) through (3370) Gregory Horwedel, Director of Neighborhood Development, came before the Commission and stated that the second round of the Neighborhood Grant Program was conducted; that the Neighborhood Grant Committee will discuss the Neighborhood Grant Program and explain the specific recommendations for funding; that the Neighborhood Grant Program was initiated during fiscal year (FY) 1999/2000; that ten applications were received during FY 1999/2000, resulting in the award of approximately $20,000; that BOOK 48 Page 20144 10/02/00 6:00 P.M. BOOK 48 Page 20145 10/02/00 6:00 P.M. 21 applications requesting funding of over $30,000 were received for FY 2000/01; that the increased success of the Neighborhood Grant Program will assist Staff efforts to improve the City's neighborhoods. Commissioner Cardamone asked the funding source of the Neighborhood Grant Program? Mr. Horwedel stated that the Commission approved the Vehicle Impound Program (VIP) in 1998; that the VIP authorizes the Sarasota Police Department (SPD) to seize and impound vehicles used in crimes; that a $500 fee is charged for recovery of impounded vehicles; that the VIP generated approximately $80,000 in revenues for FY 1999/2000; that the Neighborhood Grant Program and the Nuisance Abatement Board each receive half the VIP revenues; that Neighborhood Grants afford opportunities for the improvement of the quality of life in the City's neighborhoods. Commissioner Quillin asked if VIP revenues are used solely for crime prevention in neighborhoods? Mr. Horwedel stated that VIP revenues must be used to prevent crime or reduce the perception of crime in the City's neighborhoods. Robin Wells, Representative, District No. 3, Craig Noren, Representative, District No. 1, and Jane Carrigan, Representative, District No. 2, Coalition of City Neighborhood Associations (CCNA), came before the Commission. Mr. Noren stated that $64,100 in VIP revenues were allocated to the Neighborhood Grant Program for FY 2000/01; that 21 applications were received; that 16 applications were approved; that several of the applications await further clarification concerning certain items requested for funding; that the Neighborhood Grant Committee is recommending funding of approximately $26,900 for approved applications; that strong neighborhood communities are required to ensure the safety of neighborhoods; that neighborhood associations should be promoted to ensure the focus of proper attention on neighborhood issues and collaboration; that a significant number of the applications are focused on strengthening neighborhood associations; that ten of the City's neighborhood associations submitted applications; that neighborhood associations are permitted to submit more than one application. Ms. Wells concurred; and stated that a cohesive neighborhood is the key to a safe neighborhood. Mayor Pillot asked for clarification of the Neighborhood Grant Applications recommended by the Neighborhood Grant Committee for Commission approval? Mr. Noren stated that the Neighborhood Grant Committee recommends approval of Neighborhood Grant Application Nos. 1, 4, 7, 9, and 10, exclusive of Item E, funding for Spanish Scholarships, as indicated in the Agenda backup material and as follows: 1. $477.22 Alta Vista Neighborhood a. permanent signage to designate the boundaries of the Alta Vista Neighborhood and portable signage to indicate the scheduled time and location of neighborhood association meetings 4. $12,000 Gillespie Park Neighborhood a. 2 bicycles for neighborhood watch patrol b. 1 video camera and 1 digital camera C. funding for the Sarasota Court Watch d. funding for salary of Greater Downtown Sarasota Action Team (GDSAT) Coordinator 7. $745.00 Paver Park Neighborhood a. funding to cover postage and printing of notices of neighborhood association meetings to inform residents of criminal activity in the area and to which speakers will be invited to discuss laws and crime prevention. 9. $700.00 Southeast Neighborhood a. 15 neighborhood association meeting signs and Bulletin Board for Arlington Park 10. $11,897.75 Park East Neighborhood a. meeting announcement signs b. digital camera for use neighborhood crime watch volunteers C. crime target mailer d. 2 bicycles for mobile crime watch f. gate for Hidden Lake Village BOOK 48 Page 20146 10/02/00 6:00 P.M. BOOK 48 Page 20147 10/02/00 6:00 P.M. g. light on East Avenue h. picket fence project i. salary of GDSAT Coordinator Ms. Wells stated that Neighborhood Grant Application No. 6 from the Laurel Park Neighborhood for $450 to print refrigerator magnets with emergency telephone numbers was referred to SPD for analysis and recommendation. Mr. Noren stated that the Park East Neighborhood was requested to furnish additional information concerning Neighborhood Grant Application No. 10, Item No. E, Spanish scholarships, which is not recommended for approval currently. Commissioner Quillin stated the criteria for Neighborhood Grants are to enhance neighborhoods and crime prevention; and asked the manner in which neighborhood designation signs meet such criteria? Ms. Wells stated that the Southeast and Alta Vista Neighborhoods requested neighborhood designation signage, which promotes a sense of community, reminds citizens of the neighborhood, reduces crime, and will be used to promote neighborhood meetings at which crime prevention issues are discussed. Commissioner Quillin stated that the Alta Vista Neighborhood is in the Commission District personally represented and does not participate in the Neighborhood Watch program; that a significant number of residents of the Alta Vista Neighborhood do not desire designation as such; that Neighborhood Watch signs should be funded and posted prior to neighborhood designation signage to Eurther crime prevention efforts. Mr. Noren stated that the Neighborhood Grant Committee is concerned with all neighborhood issues; that neighborhood signage will also contain Neighborhood Watch signs and will serve several purposes; that development of a sense of neighborhood community requires significant time and efforts; that neighborhood associations represent a insignificant number of neighborhood residents; however, the boundaries of neighborhoods serve functional purposes and should be used to build neighborhood communities. Commissioner Quillin stated that VIP revenues should be used to enhance neighborhoods and for crime prevention efforts; that Neighborhood Watch signage is preferred to neighborhood designation signage; that a sense of neighborhood community is created by the involvement of neighborhood residents in community-oriented programs; that the Neighborhood Watch program is a catalyst for community involvement; that use of VIP revenues to fund neighborhood designation signage will not be supported. Commissioner Cardamone stated that the concept of neighborhoods espoused by Mr. Noren is supported; that Neighborhood Watch signs are not noticed in the Laurel Park Neighborhood; that neighborhood designation signage demonstrates a sense of neighborhood community and pride and is supported; that each of the City's neighborhoods should have neighborhood designation signage; that the Neighborhood Grant Applications received for FY 2000/01 demonstrate the continuing commitment and creative efforts' of the City's neighborhoods towards fostering a sense of community. Ms. Carrigan stated that the efforts of Staff to promote the Neighborhood Grant Program and provide concepts for Neighborhood Grant Applications are appreciated; that identification of the boundaries of a significant number of the City's neighborhoods is difficult; that a significant number of the City's citizens are unaware of personal residence in a neighborhood and of neighborhood boundaries; that designation signage will promote a sense of neighborhood community. Mr. Horwedel stated that the Neighborhood Grant Program provides the opportunity for program linkage with various City Departments and neighborhoods; that a particular opportunity is provided for neighborhoods to work with SPD; that Neighborhood Watch signage will be posted on neighborhood designation signs. Lawrence Kimball, Lieutenant, SPD, came before the Commission and stated that personal service has been dedicated to homeowners' associations and public safety sectors; that the SPD supports the use of the neighborhood grants as approved by the Neighborhood Grant Committee; that the Neighborhood Grant Program enhances the sense of neighborhood community and boundaries; that the Neighborhood Grant Committee demonstrates fiscal conservativeness; that nappropriate Neighborhood Grant Applications were denied. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to approve Neighborhood Grant Application BOOK 48 Page 20148 10/02/00 6:00 P.M. BOOK 48 Page 20149 10/02/00 6:00 P.M. Nos. 1, 4, 7, 9, and 10, exclusive of Item E, as recommended by the Neighborhood Grant Committee. Vice Mayor Hogle concurred with the statements of Commissioner Cardamone; and stated that neighborhood designation signage promotes a sense of neighborhood community. Commissioner Mason stated that the efforts of neighborhoods to apply for neighborhood grants are appreciated and demonstrates the diversity of the City's neighborhoods. Commissioner Quillin stated that a significant number of the City's neighborhoods were named according to subdivisions; that specific criteria to designate neighborhoods are not being maintained; that additional neighborhood residents should be consulted regarding the designation of neighborhood boundaries; that VIP revenues should be used solely for crime prevention; that neighborhood designation signage is not related to crime prevention, will not be supported, and represents an nappropriate use of VIP revenues. Mayor Pillot called for a vote on the motion to approve Neighborhood Grant Application nos. 1, 4, 7, 9, and 10, exclusive of Item E, as recommended by the Neighborhood Grant Committee. Motion carried (4 to 1): : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, no; Pillot, yes. 19. NEW BUSINESS: APPROVAL RE: : O'LEARY COASTAL RENTALS, INC., LEASE MODIFICATIONS - REFERRED TO THE ADMINISTRATION (AGENDA ITEM VII-3) #2 (3370) through #3 (0125) Lillian O'Leary, representing O'Leary's Coastal Rentals, Inc., (O'Leary's), came before the Commission and stated that the City is planning to construct additional restroom facilities on a portion of the property leased by O'Leary's; that O'Leary's requests the lease of additional property to the east of the leasehold to offset the space required for the proposed restroom facility. City Attorney Taylor stated that O'Leary's is proposing several items; that the lease should be renegotiated to better suit the interests of the City; that proposed City amendments to the lease were draited previously but not finalized; that the City should require compliance with the Americans with Disabilities Act in particular; that the matter should not be approved at this time but should be referred to the Administration for analysis and recommendations; that the Administration should be, authorized to negotiate with O'Leary's; that the Commission should not approve item-by-item requests of O'Leary's at this time. Mayor Pillot asked if the recommendation is to refer the matter to the Administration and the City Attorney's Office and authorize negotiating any amendments to the lease with O'Leary's? City Attorney Taylor stated yes; however, additional questions are presented which the Administration may wish to address. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that policy questions regarding the requests of O'Leary's are included in the Agenda backup material for the Commission's consideration; that the significant issue for consideration is the extension of the lease with O'Leary's. Mayor Pillot asked if the only action required of the Commission is to authorize the Administration to negotiate with O'Leary's? Mr. Schneider stated yes. City Attorney Taylor concurred. Commissioner Quillin stated that the geographical directions of the map of the leasehold presented as Exhibit A of the Second Amendment of the Lease and Concession Agreement between the City and O'Leary's in the Agenda backup material are mislabeled. Mayor Pillot requested that the Administration correct Exhibit A. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to refer the negotiation of amendments to the City's lease with O'Leary's Coastal Rentals, Inc., to the Administration. Ms. O'Leary asked if the Commission is approving the amendments to the lease? Mayor Pillot stated that the Commission is only authorizing the Administration to negotiate any amendments to the. lease. BOOK 48 Page 20150 10/02/00 6:00 P.M. BOOK 48 Page 20151 10/02/00 6:00 P.M. Commissioner Cardamone stated that intent is to extend and amend the lease provided any conditions posed by the City are met. Ms. O'Leary asked if the Commission desires to extend the lease? Commissioner Cardamone stated that the merits of extending the lease will be determined by the Administration. Mayor Pillot concurred. Commissioner Quillin asked if Ms. O'Leary received a copy of the September 26, 2000, Interoffice Memorandum from Mr. Schneider to City Manager Sollenberger concerning renegotiation of the lease included in the Agenda backup material? Ms. O'Leary stated yes. Commissioner Quillin stated that Staff has not reviewed recent improvements to the leasehold; that certain criteria should be established for renegotiation of leases. Ms. O'Leary stated that improvements will not continue if the lease extension is not approved. Mayor Pillot stated that the Commission does not negotiate lease extensions; that the Administration will likely negotiate a lease extension. Mayor Pillot called for a vote on the motion to refer the negotiation of amendments to the City's lease with O'Leary's Coastal Rentals, Inc., to the Administration. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Mason, yes; Quillin, yes; Pillot, yes. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO: 1) SCHEDULE A JOINT MEETING OF THE COMMISSION AND THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS ANNEXATION ISSUES, 2) REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION PUBLICIZE THE FINAL DESIGN OF THE NEW RINGLING CAUSEWAY BRIDGE, AND 3) PLAN A DEDICATION CEREMONY FOR THE REOPENING OF COCOANUT AVENUE (AGENDA ITEM X) #3 (0125) through (1215) COMMISSIONER QUILLIN: A. stated that the field trip to the Clearwater, Florida, roundabout was personally attended; that reference materials obtained will be provided to the Commissioners for review; that ten citizens of the City participated; that people from many parts of the country were also in attendance; that the field trip was informative; that a detailed history of the Clearwater roundabout was provided. B. stated that the language in the Request for Proposal (RFP) for the Palm Avenue Parking Garage Project does not reflect previous discussions concerning the City of Sarasota, Downtown Master Plan 2020: Preliminary Draft (Master Plan Preliminary Draft). Commissioner Cardamone asked if the Commission should discuss the RFP prior to reception and ranking of all proposals? City Attorney Taylor stated no. Commissioner Quillin stated that the RFP was advertised publicly; that discussion will not bias the selection of a proposal; that the Commission should have reviewed the RFP prior to public advertisement; that a financial proposal requesting a private/ public partnership was not included in the RFP. C. stated that a September 29, 2000, memorandum from Billy E. Robinson, City Auditor and Clerk, to the Commission regarding renovations to the Chambers was reviewed recently; that a general contractor and architect were hired without prior personal knowledge; that funds were approved for renovations to the Chambers and City Hall; that the architect is making decisions concerning the Chambers but should not be doing sO without consulting Staff; that a report is requested. City Manager Sollenberger stated that the matter was discussed recently by Staff; that a meeting is scheduled with all parties to discuss the issues of concern; that an architect proposed certain renovations; that the Administration proposed to hire a construction manager who has managed other contracts with the City; that the construction manager will supervise renovations to the Chambers, the City Hall lobby, the City Hall parking lot, and City Hall walkways and floors; that hiring a single construction manager for all City Hall projects will conserve time and significant funds; that a general contractor was not hired; that a construction manager was contacted and requested to value engineer the project to conserve funds and provide recommendations for BOOK 48 Page 20152 10/02/00 6:00 P.M. BOOK 48 Page 20153 10/02/00 6:00 P.M. renovations; that all recommendations will not be supported; that the meeting to discuss the issues of concern will provide clarification concerning the procedures and nature of renovations; that the Administration will present recommendations at the October 16, 2000, Regular Commission meeting; that the Commission should decide the desired location of Chambers. Commissioner Quillin stated that renovation to the current Chambers is desired by the Commission and the public; that a portion of the renovations are not funded; that budgeted funds should be available for any renovations. City Manager Sollenberger stated that funding sources will be recommended following identification of all relevant costs. Commissioner Cardamone asked if the Administration will present a report regarding relocating the Chambers to the Federal Building at the October 16, 2000, Regular Commission meeting? City Manager Sollenberger stated that a firm was not hired to assess the feasibility of relocating the Chambers to the Federal Building; that the Administration remains concerned regarding the relocation of the Chambers to the Federal Building; that the Chambers will consume significant floor space in the Federal Building; that Staff office space will be reduced significantly if the Chambers are relocated to the Federal Building; that the Commission previously discussed relocating the Office of Housing and Community Development and Sarasota Bay National Estuary Program (SBNEP) to the Federal Building; that rent would be charged and would offset a portion of the costs of the Federal Building; that the main room of the Federal Building could be renovated to accommodate the Chambers; that the original blueprints of the Federal Building were found; that renovation of the ceiling of the main room of the Federal Building will present a significant challenge; that catwalks were originally installed to supervise handling of mail and other postal duties; that the Administration recommends filling the area of the catwalks with an additional floor for future Staff expansion. Commissioner Cardamone stated that the use of the Federal Building should be decided prior to final approval of renovations to the current Chambers; that renovations to the Federal Building and City Hall projects are not necessarily related; however, $800,000 should not be spent to renovate the current Chambers; that renovation of the Chambers and other City Hall facilities should be discussed separately; that the proposed renovations to City Hall facilities are supported; however, spending $800,000 to renovate the current Chambers will not be supported. Commissioner Quillin stated that the costs of the renovations to each of the City Hall facilities should be determined; that City Hall facilities require significant renovation; that the costs and nature of renovations should be supervised with care; that the costs for renovating the Chambers are significant; that the personnel costs of the renovations are significant. Vice Mayor Hogle stated that the Administration's recommendations concerning renovations of City Hall facilities are supported; that the Commission should not direct the actions of the Administration until a specific construction plan is presented; that parking issues regarding the Federal Building, which is not suitable for the Chambers, remain outstanding; that the current Chambers should be renovated. Commissioner Cardamone stated that the costs of relocating the Chambers to the Federal Building should be ascertained; that the costs of renovating the current Chambers is significant; that the financial implications of both projects should be studied. City Manager Sollenberger stated that State funding for renovation of the Federal Building is being sought; that ownership of the Federal Building must be demonstrated to obtain State funding; that the United States Congress recently approved the sale of the Federal Building to the City; that the Federal Building should be available in City ownership by November 2000; that the State has two funding cycles; that the City will seek a $40,000 grant for planning purposes during the Eirst phase which will be awarded during November 2000; that the $40,000 will be matched by the City and used to assemble a renovation plan; that the City will seek State funds to renovate and restore the Federal Building according to the developed plans during the second phase; that the State may grant between $250,000 and $500,000 for restoration and renovation; that approximately $750,000 was obtained from the State to renovate the Municipal Auditorium; that the Commission should provide direction regarding the use of the Federal Building to remain competitive for State funding; that a report will be presented to the Commission at the October 16, 2000, Regular Commission meeting. Commissioner Quillin stated that the costs to relocate SBNEP and the Office of Housing and Community Development are insignificant compared to the costs of relocating the Chambers to the Federal BOOK 48 Page 20154 10/02/00 6:00 P.M. BOOK 48 Page 20155 10/02/00 6:00 P.M. Building; that a master plan of the Federal Building should be conducted; that action concerning the use of the Federal Building should occur soon; and asked the City Departments leasing office space? City Manager Sollenberger stated that SBNEP is leasing office space on US 41; that the Office of Housing and Community Development leases office space Downtown; that the leases are annual but will not complicate relocation to the Federal Building. Mayor Pillot stated that the Commission should first decide the future location of the Chambers; that. other issues concerning renovation will follow through master planning; that the Administration should first offer recommendations on the location of the Chambers. D. stated that the visit of Albert Gore, Vice President of the United States and candidate for the President of the United States, to prepare for the upcoming presidential debates compliments the attractiveness of the City and the County. COMMISSIONER MASON: : A. stated that a public forum regarding the North County Library will be held on October 7, 2000, from 10 a.m. to 12 noon at the Newtown Estates Recreational Center. B. stated that a red ribbon celebration promoting drug free awareness will be held at the Selby Newtown Goodwill on October 14, 2000 from 1:00 p.m. to 5:00 p.m. and is sponsored by Doctor's Hospital of Sarasota and Sarasota Ford. VICE MAYOR HOGLE: : A. stated that the opportunity to present and read Memorial Resolution No. O0R-1314, recognizing the September 12, 2000, passing of Michael Yahraus, is appreciated. B. stated that murals painted on the Crisp Building located at 1970 Main Street are aesthetically pleasing; that the efforts to use the murals should be commended. Mayor Pillot and Commissioners Quillin, Cardamone, and Mason concurred COMMISSIONER CARDAMONE: : A. stated that the Commission allocated funds for the repair of the Tony Saprito Fishing Pier (Pier); that a meeting at the Sudakoff Lecture and Conference Center was attended recently; that the Pinellas County Trail System was discussed at a recent at the Sudakoff Lecture and Conference Center and consists of approximately 40 miles of trails; that the George S. Gandy Bridge was maintained as part of the Pinellas County Trail System; that upon replacement, the existing Ringling Causeway Bridge should be incorporated into a City trail system; that the City should petition the Florida Department of Transportation (FDOT) to maintain the mainland half of the existing Ringling Causeway Bridge for the public's recreational use; that the funds allocated for the repair of the Pier should be used to renovate the existing Ringling Causeway Bridge for public use, which would provide enhanced fishing compared to the Pier; that the matter should be researched by the Administration. Mayor Pillot, Vice Mayor Hogle, and Commissioner Mason concurred. Commissioner Cardamone stated that the old Skyway Bridge serves a similar purpose for Manatee and Pinellas Counties. Commissioner Quillin concurred; but stated that the Pier should be renovated and repaired. Commissioner Cardamone stated that only minor repairs should be performed. Commissioner Quillin stated that all repairs should be pertormed; that the costs of the extensive renovation and repair of the Pier compared to the cost of constructing a new bridge are insignificant. B. stated that the Commission passed Resolution No. O0R-1304 to impose a moratorium on the annexation of properties larger than 25 acres following the July 31, 2000, Convocation of the County with the Cities of Englewood, North Port, Sarasota, and Venice; that the BOOK 48 Page 20156 10/02/00 6:00 P.M. BOOK 48 Page 20157 10/02/00 6:00 P.M. intent was to hold an additional convocation in September 2000; however, September 2000 has passed; that the City Manager should consult with the County Administrator to arrange a convocation as soon as possible. Commissioner Quillin stated that the annexation dispute between the City of North Port and the County might have been avoided if the additional convocation was held as scheduled. Commissioner Cardamone stated that the joint meeting should be held as soon as possible sO the pending County lawsuit regarding the annexation actions of the City of North Port could be discussed. Mayor Pillot stated that the intent of the Board of County Commissioners is to force the City of North Port to discuss and negotiate the matter. Commissioner Cardamone stated the Cities of the County should discuss the matter. MAYOR PILLOT: A. stated that the efforts of the Office of the City Auditor and Clerk to provide revised Agendas are appreciated. B. stated that a significant number of local businesspeople inquired recently concerning the final design of the new Ringling Causeway Bridge; that the information was unknown; that ecological and United States Coast Guard approval was obtained for the original bridge proposed by FDOT; and asked if the current design is as presented to the Commission previously and as prepared by the Figg Engineering Group (FEG) for FDOT. City Manager Sollenberger stated that FDOT is using the design concept prepared by FEG. Mayor Pillot stated that FDOT should publicize the final design of the proposed Ringling Causeway Bridge; that the. issue of concern is the City's lawsuit against FDOT; and asked the status of the City''s lawsuit against FDOT? City Attorney Taylor stated that the City, as appellant, filed an appeal with the First District Court of Appeals (DCA) i that FDOT filed a legal brief; that the City filed a reply; that copies of the filed legal briefs will be received soon; that the City awaits the decision of the DCA to hear oral arguments; that a ruling will follow if the DCA decides to hear oral arguments. Mayor Pillot asked if FDOT could be asked to publicize the final design of the proposed Ringling Causeway Bridge in the City? City Manager Sollenberger stated that FDOT will be requested to do sO. Commissioner Quillin stated that FDOT should also provide an update of the costs of the proposed Ringling Causeway Bridge which, have increased significantly from original estimates according to the Sarasota/Bradenton Metropolitan Planning Organization (MPO) ; that the only dissenting vote was personally cast against the proposed Ringling Causeway Bridge during MPO deliberations. Commissioner Cardamone stated that a small payment of approximately $200,000 should be due and collected by the City from FDOT if the new Ringling Causeway Bridge is constructed following the FEG design. C. stated that an out-of-the-sunshine meeting to discuss union negotiations is scheduled for 2 p.m., October 3, 2000. Commissioner Quillin stated that the finalized date and time was not included on her calendar. Commissioner Cardamone asked if attendance is possible? Commissioner Quillin stated yes. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (1215) through (1305) CITY MANAGER SOLLENBERGER: : A. stated that US 41 between Sixth and Tenth Streets will be reopened October 6, 2000. BOOK 48 Page 20158 10/02/00 6:00 P.M. BOOK 48 Page 20159 10/02/00 6:00 P.M. Mayor Pillot asked if the construction is completed? City Manager Sollenberger stated that milling and paving will continue after October 6, 2000; however, the remaining work is insignificant and will not disrupt vehicular traffic significantly; that the intersection of US 41 at Sixth Street is nearly complete and is aesthetically pleasing. B. stated that Cocoanut Avenue was repaved and will be reopened October 3, 2000; that Sixth Street will be completed to Central Avenue and will be reopened October 3, 2000; that the streetscape resulting from the construction is well done. Commissioner Mason stated that the construction completed on Cocoanut Avenue is aesthetically pleasing; and asked if a dedication ceremony for the reopening of Cocoanut Avenue will be held? City Manager Sollenberger stated that a dedication ceremony for the reopening of Cocoanut Avenue will be planned; that a ceremony for the reopening of US 41 between Sixth and Tenth Street is planned to generate publicity for the Civic Center and is scheduled for October 6, 2000. 22. ADJOURN (AGENDA ITEM XII) #3 (1305) There being no further business, Mayor Pillot adjourned the Regular meeting of October 2, 2000, at 9:25 p.m. 26 - GENE M. PILLOT, MAYOR ATTESTISOIA Ca - - 6e KARENSI MGEDNAN, DEPUTY CITY AUDITOR AND CLERK