MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 16, 1998, AT 6:00 P.M. PRESENT: : Mayor Jerome Dupree, Vice Mayor Nora Patterson, Commissioners Mollie Cardamone, David Merrill, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: : None PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER, 1998, SERGEANT KENNETH F. CASTRO AND OFFICER ROBERT F. MOCASE, JR., POLICE DEPARTMENT #1 (0075) through (0415) City Manager Sollenberger requested that John Lewis, Chief of Police, Kenneth Castro, Sergeant, and Robert Mocase, Police Officer, Sarasota Police Department, join him before the Commission. Chief Lewis stated that Sergeant Castro and Officer Mocase, assigned as Community Resource Team officers in the Cohen Way/McCown Towers housing areas, have been responsible for several positive incidents including the following: initiating the Kids and Books Club and collecting more than 600 books, bookshelves, and T-shirts to establish a children's library at the Cohen Way substation, assisting Alta Vista volunteers in establishing an after-school program for Cohen Way public housing complex, receiving a life-saving medal for quick actions in saving the life of a resident who had not shown up for a medical appointment, and assisting a 14-year-old Cohen Way resident whose eyeglasses had been stolen at school by arranging a donation of eyeglasses from an optician as a Christmas gift. BOOK 45 Page 17810 11/16/98 6:00 P.M. BOOK 45 Page 17811 11/16/98 6:00 P.M. Chief Lewis stated that Sergeant Castro and Officer Mocase exemplify the finest traditions of police service to the community and serve with excellence and pride. Mayor Dupree presented Sergeant Castro and Officer Mocase each with a City-logo watch, a plaque, and a certificate as joint Employees of the Month for October 1998 in appreciation of their unique pertormance with the City of Sarasota; and congratulated them for their outstanding efforts. Officer Mocase recognized the following family members who were present in the audience : Lisa, wife, Brittany, daughter, and Robbie, son. Sergeant Castro recognized the following family members who were present in the audience: Melissa, wife; Colton and Cordel, sons; and Frank, father. 2. PRESENTATION RE: MANATEE COMMUNITY COLLEGE INSTITUTE OF GOVERNMENT'S S GOAL OF ASSISTANCE TO ORGANIZATIONS IN ENHANCING THE SKILL LEVEL OF THEIR WORKFORCE #1 (0415) through (0499) Tom Davenport, Ph.D, Director, Institute of Business, Industry and Government, Workforce Development Services, Manatee Community College (MCC), came before the Commission and recognized Chair Larry Lovejoy, Manager of Employee Services, City of Sarasota, and Member Barbara Ford-Coates, Sarasota County Tax Collector, who serve on the MCC Institute of Government Steering Committee and were present in the audience. Dr. Davenport thanked the City of Sarasota for being supportive of the Institute of Government, which last year served over 2,600 government workers throughout Manatee and Sarasota Counties, providing over 33,000 hours of training; and cited the following words from a popular Janet Jackson song: "In complete darkness we are all the same, it is only our knowledge that separates us." Dr. Davenport stated that the City is encouraged to continue promoting training opportunities available through the Institute of Government and encouraging employees to gain as much knowledge as possible. Dr. Davenport distributed to the Commission packets containing information and materials on the Open Campus classes offered at MCC. 3. PRESENTATION RE: : THE EASTER SEAL SOCIETY OF SOUTHWEST FLORIDA 1998 ACCESSIBILITY AWARD #1 (0499) through (0695) Dennis Carole, President, and Nancy Harrison, Chairman, Easter Seals Society of Southwest Florida, came before the Commission. Ms. Harrison stated that the Board of Directors of the Easter Seal Society Southwest Florida has named the Ed Smith Stadium as recipient of the 1998 Accessibility Award; that the Stadium was built in 1989 as part of the City of Sarasota's sports complex for professional and amateur baseball games, special events, and fundraisers; that approximately 400,000 individuals annually access the facility, which has 94 viewing positions for people with disabilities; that restrooms are easily accessible and ramps provide easy access to the concession and souvenir stands; that lowered pay phones make use easier for individuals in wheel chairs; that the enhanced sound system enables the near deaf to hear; that 110 parking spaces are available for handicap vehicles. Ms. Harrison continued that Ed Smith Stadium was nominated for the Award by Gail McDaniel and Phil Blankenship, Early Intervention Program, Sarasota Memorial Hospital; that the City of Sarasota is applauded for a commitment of providing easy access for all persons; and presented the 1998 Accessibility Award to Mayor Dupree. Mayor Dupree requested that Patrick Calhoon, Sports Facilities Manager, come forward to join him in receiving the Award. Mr. Calhoon recognized and thanked Linda Needs, Account Technician, and Francis "Doc" Rackey, for staffing the Ed Smith Stadium, and Pamela Dorwarth, Citizens with Disabilities Advisory Board, who was instrumental in advising and suggesting improvements to meet American with Disabilities Act (ADA) requirements. Mr. Carole stated that as a person in a wheelchair, he appreciates the opportunity to frequent a facility with more than one small area from which to view a baseball game; that the City's efforts in taking a lead in making facilities accessible to people with disabilities is appreciated. 4. PRESENTATION RE: REPORT BY THE SISTER CITIES ASSOCIATION OF THE BUSINESS TRIP TO PERPIGNAN, FRANCE AND OF THE PRIVATE DONATION OF FUNDS COLLECTED FOR SANTO DOMINGO, DOMINICAN REPUBLIC #1 (0695) through (0894) Hope Byrnes, President, and John Brown, Attorney and Member, representing Sarasota Sister Cities Association, and Lee Kitchen, BOOK 45 Page 17812 11/16/98 6:00 P.M. BOOK 45 Page 17813 11/16/98 6:00 P.M. Director, Disaster Relief Fund, and Jan Lederman, Executive Director, representing Sarasota-Manatee Jewish Federation, came before the Commission. Ms. Byrnes stated that the Sister Cities Association in conjunction with the Sarasota-Manatee Jewish Federation collected in excess of $1,100 in private donations for submittal to the World Relief Fund established for Santo Domingo, Dominican Republic; that the check will be presented to the mayor of Miami, Florida, who is coordinating the effort. Attorney Brown stated that the Sister Cities delegation was well-received on a recent trip to Perpignan, France; that the trip provided a wonderful opportunity to share not only cultural and educational similarities between the cities of Sarasota and Perpignan but also business opportunities which are available on a regular basis; that cultural facilities as well as Chambers of Commerce and business and educational centers were visited; that the Chamber of Commerce in Perpignan, which requires mandatory membership of all businesses, operates the airport, seaport, the largest distribution center for fruits and vegetables in Europe, and two educational centers developed in private/public partnerships with community businesses; that Perpignan is seeking sponsors to develop their waterfront on the Mediterranean. Attorney Brown presented two copies of the Perpignan, France, Chamber of Commerce directories to be maintained as resource tools in the Office of the City Auditor and Clerk at City Hall. 5. PRESENTATION RE: PROCLAMATION RECOGNIZING SERVICE OF NORA PATTERSON ON THE SARASOTA CITY COMMISSION #1 (0894) through (1080) Mayor Dupree requested that Vice Mayor Patterson join him. Mayor Dupree read in its entirety and presented to Vice Mayor Patterson the City of Sarasota Proclamation expressing grateful appreciation to Nora Patterson for her outstanding support of and dedicated service to the City of Sarasota, congratulating her upon her successful election to the Sarasota Board of County Commissioners, and extending warm and sincere best wishes for continued success in all future endeavors. Vice Mayor Patterson thanked the Mayor, City Commissioners, and Charter Officials, for working patiently with her as colleagues to improve the - City, and the citizens for working to make the City of Sarasota a better place; and stated that she looks forward to serving Sarasota in a new capacity. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0118) through (1170) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Board Actions, Item Nos. II-3(a) and II-3 (b), Report Re: Advanced Planning Board/Local Planning Agency's report of November 4, 1998, concerning Petition Nos. 98-SE-16 and 98-SV-06 for a transient lodging and social service facility in the Commercial, Intensive Zone District, at 1400 Tenth Street, per the request of Jane Robinson, Director of Planning and Development On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 7. APPROVAL OF MINUTES RE: MINUTES OF THE EMERGENCY SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 23, 1998, AND REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 2, 1998 (AGENDA ITEM I-1,-2) #1 (1110) through (1210) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the City Commission emergency meeting of September 23, 1998, and regular meeting of November 2, 1998, are approved by unanimous consent. 8. BOARD ACTIONS: : REPORT RE: POLICE OFFICERS' PENSION BOARD OF TRUSTEES SET PROPOSED ORDINANCE NOS. 98-4087 AND 98-4088 FOR PUBLIC HEARING (AGENDA ITEM II-1) #1 (1210) through (1582) John Schultz, Chairman of Police Officers' Pension Board of Trustees came before the Commission and presented the following items: A. Proposed Ordinance No. 98-4087 Detective Schultz stated that proposed Ordinance No. 98-4087 amends the Police Officers' Pension Plan to provide consistency with revisions to Florida Statutes and the Internal Revenue Service (IRS) Code; that the previously proposed section which would have provided fixed-rate cost-of-living adjustments (COLA) at 3.5 percent for members that retire after October 21, 1998, has been deleted in its entirety from proposed Ordinance No. BOOK 45 Page 17814 11/16/98 6:00 P.M. BOOK 45 Page 17815 11/16/98 6:00 P.M. 98-4087; that a more detailed presentation will be provided at the public hearing. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to set proposed Ordinance No. 98-4087 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. B. Proposed Ordinance No. 98-4088 Detective Schultz stated that proposed Ordinance No. 98-4088 amends the Police Officers' Pension Plan by adding a Deferred Retirement Option Plan (DROP) and changing normal retirement eligibility from age 50 with 25 years of service or age 55 with 10 years of service to age 50 with 10 years of service or 25 years of service regardless of age; that the proposed benefit enhancements will allow the Sarasota Police Department to remain competitive with law enforcement agencies participating in the Florida Retirement System (FRS). Commissioner Pillot asked if the public hearings on proposed Ordinance Nos. 98-4087 and 98-4088 can be held simultaneously? City Auditor and Clerk Robinson stated yes; that the intent is to advertise proposed Ordinance Nos. 98-4087 and 98-4088 for public hearing on December 7, 1998. City Manager Sollenberger stated that the Administration recommends setting proposed Ordinance No. 98-4088 for public hearing; that a 25-year projection of contribution requirements from the City based on the benefit improvement has been provided to the Commission; that the percentage required from the City will be significantly lower than that which the County contributes to the FRS for sheriff deputies; that providing the enhanced benefits to attract qualified police officers to the Sarasota Police Department is viewed as appropriate. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to set proposed Ordinance No. 98-4088 for public hearing. Vice Mayor Patterson stated that she will no longer be on the City Commission when the public hearing is held and a vote is taken; however, proposed Ordinance No. 98-4088 is supported to allow the Sarasota Police Department to remain competitive; that the 25-year projection indicates no dollar increase in the City's contribution until the year 2006; that the dollar contribution is projected to increase by $323,192 in the year 2006 and by another $1 million in the year 2007; that, hopefully, future Commissions will govern themselves accordingly realizing the expense and potential increase will very likely come and budget with a long term view so the City can absorb the cost without a major impact. Detective Schultz stated that the 25-year projection is based on a projected return of 8 percent; that the Police Officers' Pension Fund has averaged returns of 10 percent or higher over the past 10 years; that an average return of 10 percent through the year 2006 is likely and would result in additional earnings of approximately $16 million which have not been calculated into the 25-year projection. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 9. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE - RECEIVED (AGENDA ITEM II-2) #1 (1590) through (1760) Jane Robinson, Director of Planning and Development, and Dale Parks, Chairman of the Public Art Committee, came before the Commission. Mr. Parks presented the following item from the Public Art Committee's regular meeting of October 14, 1998: Photon II Mr. Parks stated that the Public Art Committee unanimously approved allocating $30,000 from the public art fund toward construction of Photon II subject to the balance of funding being raised through private contributions and/or grants; that the Committee also recommends hiring a consultant to secure grant funding for the project. Commissioner Cardamone asked if the City's advisory boards have the authority to hire consultants? City Manager Sollenberger stated noi that the decision is made by the Commission. Ms. Robinson stated that further recommendations regarding the hiring of a consultant will be forthcoming following a special meeting scheduled on December 10, 1998, at which the Public Art Committee will review potential grants available for the Photon II project. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to receive the report of the Public Art Committee's meeting of October 14, 1998. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yesi Patterson, yes; Pillot, yes; Dupree, yes. BOOK 45 Page 17816 11/16/98 6:00 P.M. BOOK 45 Page 17817 11/16/98 6:00 P.M. 10. BOARD ACTIONS : REPORT RE: ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY'S REPORT OF NOVEMBER 4, 1998, CONCERNING PETITION NO. 98-SE-16, A SPECIAL EXCEPTION REQUEST TO PERMIT A TRANSIENT LODGING AND SOCIAL SERVICE FACILITY IN THE CI ZONE DISTRICT, AT 1400 TENTH STREET (AGENDA ITEM II-3) #1 (1760) through (2160) Jane Robinson, Director of Planning and Development, and Robert Kantor, Vice Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Dr. Kantor presented the following items from the Planning Board/Local Planning Agency's regular meeting of November 4, 1998: Petition Nos. 98-SE-16 and 98-SV-06 Salvation Army Dr. Kantor stated that Petition No. 98-SE-16 is a special exception request to permit construction of a 53,125 square-foot transient lodging and social service facility on 3.25 acres of land at 1400 Tenth Street in the Commercial, Intensive (CI) Zone District; that Petition No. 98-SV-06 is a street vacation request to vacate two alleys adjacent to the site; that the intent is to relocate the Salvation Army facilities on Fourth Street to a new facility on Tenth Street; that the PBLP found Petition No. 98-SE-16 consistent with Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception request subject to the following conditions: a. Applicant will grant a ten-foot-wide easement in favor of the City of Sarasota along the north side of Ninth Street from Central Avenue to the eastern end of the 3.25 acre parcel by the execution of an easement deed prior to the issuance of a certificate of occupancy for the transient lodging and social services facility. b. Applicant will construct sidewalk, curb, and gutter in the above 10-foot easement in accordance with the Engineering Design Criteria Manual. C. Final approval by the City Commission of an ordinance vacating the two alleys as designated in Exhibits A1 through A5. Dr. Kantor stated that the PBLP resolution was adopted on a 4 to 1 vote; that the dissenting vote cast by PBLP Member Devin Rutkowski was based on concerns with the scale of the proposal and with concentrating too many social service activities in one location. Ms. Robinson stated that the PBLP also recommended Petition No. 98-SV-06 be set for public hearing. City Attorney Taylor stated that the Commission may affirm, reverse, or modify the decision of the PBLP on Petition No. 98-SE-16 either with or without a public hearing; however, Petition No. 98-SV-06 requires a public hearing. On motion of Commissioner Pillot it was moved to affirm PBLP approval of Petition No. 98-SE-16. Motion died for lack of a second. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to set Petition Nos. 98-SE-16 and 98-SV-06 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 11. CONSENT AGENDA NO. 1: ITEM NOS. 1,2,3,5 AND 7 - APPROVED; ITEM NO. 4 APPROVED; ITEM NO. 6 APPROVED WITH THE UNDERSTANDING PERSONS CONTACTING ANY DEPARTMENT IN CITY HALL WILL HEAR A HUMAN VOICE INITIALLY (AGENDA ITEM III-A) #1 (2169) through (3370) City Auditor and Clerk Robinson asked if the Commission wished to remove any items for discussion. Commissioner Merrill removed Item No. 4 and Commissioner Cardamone removed Item No. 6. 1. Approval Re: Authorize the Mayor to send a letter to Southwest Florida Regional Planning Council (SWFRPC) indicating opposition to the proposed division of FDOT District One into two Districts 2. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the Second Amendment to the Agreement for Engineering Services between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., (RFP #96-24), to provide for the design, permitting and construction management for Phase III of the Sanitary Sewer Rehabilitation Programs located within the southwest collection system of the City 3. Approval Re: Authorize the Administration to implement a continuing Customer Assistance Program that would be made available to customers of the City who may be required to decommission a septic system because of construction/availability of central sewers BOOK 45 Page 17818 11/16/98 6:00 P.M. BOOK 45 Page 17819 11/16/98 6:00 P.M. 5. Approval Re: No-Cost Extension First Amendment to Agreement between the Southwest Florida Water Management District and the City of Sarasota for the Hog Creek Restoration Project (P808) 7. Approval Re: Grant consent for placement of gazebo on property leased by the Senior Friendship Centers, Inc. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Item Nos. 1,2,3,5 and 7. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Vice Mayor Patterson stated that hopefully, the beautiful oak trees on property leased by the Senior Friendship Centers, Inc., will not be impacted by the construction of a gazebo approved under Item No. 7. City Manager Sollenberger stated that the concern will be addressed. 4. Approval Re: Addendum III to Conceptual Approval Agreement between the Florida Communities Trust and the City of Sarasota for the Hog Creek Habitat Restoration Project Commissioner Merrill stated that Consent Agenda No. 1, Item No. 4 is supported but was pulled to request a status of the progress being made toward obtaining permits to dredge the Marina Jack boat basin and to inquire about the potential of using the Hog Creek Habitat Restoration Project as leverage in negotiating a resolve; that the State is concerned with environmental degradation of Sarasota Bay by dredging an area in which sea grasses have developed; however, the area is a marina and as such requires dredging to maintain a water level deep enough for boat access; and asked if pursuing a potential "trade-off" between the Hog Creek Habitat Restoration Project, which will enhance the environment, and the removal of sea grasses in the marina has merit? City Attorney Taylor stated yes; that stormwater retention at the Bayfront was referenced as a positive expenditure of City dollars in a recent meeting held with Department of Environmental Protection (DEP) representatives from Tampa; that the City has been awarded grant funding for the Hog Creek Habitat Restoration Project; however, the issue could be raised in future discussions with DEP. City Manager Sollenberger stated that a satisfactory resolve to the dredging issue will be pursued. On motion of Commissioner Merrill and second of Commissioner Pillot, it was moved to approve Addendum III to the Conceptual Approval Agreement for Hog Creek Habitat Restoration Project. Commissioner Merrill stated that the Administration should be highlighting positive projects initiated by the City which have improved or will improve environmental conditions in Sarasota Bay; that the stormwater retention ponds at the Bayfront may well have contributed to the clarity of the water in the marina thus allowing sea grass beds to flourish; that Marina Jack was developed as a marina; that marinas must be deep enough for boat access; that reconfiguring the proposed boat docks as recommended by DEP to protect the sea grasses will cost approximately $200,000; that the City's environmental efforts should be highlighted in support of obtaining a dredging permit to retain a recreational area for boating. Vice Mayor Patterson stated that permitting for dredging is supposedly easier to obtain if prior dredging of the area can be demonstrated. City Attorney Taylor stated that the City is involved in an administrative hearing process with the DEP concerning the issue; that the City filed an application for a dredging permit on the basis that the dredge is a maintenance dredge of a once scoured basin; however, time has passed without regular maintenance dredging and sea grasses have developed; that DEP is arguing circumstances exist under which alternative criteria for maintenance dredging permits apply; that expert legal counsel from Tallahassee has been hired to represent the City and is hopeful of a positive outcome. Commissioner Merrill stated that the purpose of environmental laws is not to restrict recreational use of the waterways; that the Commission approved plans for major revisions to the marina some time ago; that the dredging issue should be resolved efficiently without expending substantial funds on legal fees; and asked if the Governor and/or State legislators should be contacted? City Attorney Taylor stated that desired progress was not gained in meeting with DEP representatives from Tampa; that the City's legal counsel obtained a commitment from the Assistant Secretary of DEP to meet and review the issue, which will be pursued; that involvement by the local legislative delegation may be appropriate. Commissioner Cardamone stated that she was not aware of the problem with dredging the marina basin; that City's mitigation efforts, e.g., the wastewater treatment facility, have resulted BOOK 45 Page 17820 11/16/98 6:00 P.M. BOOK 45 Page 17821 11/16/98 6:00 P.M. in the development of 1,300 acres of new sea grass beds in north Sarasota Bay; that a stronger position should be taken by the City. City Attorney Taylor stated that the Administration will be meeting with Jack Graham and representatives of Marina Jack, Inc., to discuss legal strategy; that steps necessary to bring the issue to a timely and inexpensive conclusion will be taken. Mayor Dupree called for a vote on the motion to approve Consent Agenda No. 1, Item No. 4. Motion carried unanimously (5 to 0): : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 6. Approval Re: Authorize proceeding with implementation of the telephone system reengineering Commissioner Cardamone stated that implementation of an external voice mail/auto attendant phone system is opposed; and asked if the telephone system reengineering proposed includes voice mail? Joseph Fuger, Systems Integration Analyst III, came before the Commission and stated yes; that voice mail will be an option available to the departments. Commissioner Cardamone stated that the Commission previously voted against implementing an automated phone system as such a system which would conflict with the City's goals of providing excellent customer service and promoting a small town living and feeling; that members of the public who contact City Hall should hear a human voice; that people making requests for public information should not be placed at the mercy of employees who may choose to route their phone extensions to automatic voice mail and not retrieve or respond to messages efficiently, resulting in a "phone tag" scenario and poor customer service; that the positions of other Commissioners should be expressed. City Manager Sollenberger stated that voice mail can be used for internal and/or external calls; that the external voice mail feature, if not favored by the Commission, does not have to be implemented; however, implementing the internal voice mail feature, which will provide a valuable benefit and an alternative to e-mail, is recommended. Commissioner Cardamone stated that internal voice mail is not opposed; however, a human voice should answer the phone when a member of the public contacts City Hall. Commissioner Merrill stated that the main lines to City Hall should not be answered by an auto attendant; however, providing callers an opportunity to be connected to a Commissioner's or a Staff member's voice mail is supported. Commissioner Cardamone agreed. Commissioner Pillot stated that offering the public the choice of leaving a written message or a voice mail message is supported; however, a human voice should answer the phone initially in each of the City departments. Vice Mayor Patterson agreed. City Manager Sollenberger stated that auto attendant phone systems tend to infuriate and frustrate customers, promote poor customer service relations, and will not be implemented at City Hall. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to authorize the Administration to implement a reengineered telephone system with the understanding persons contacting any department in City Hall will hear a human voice initially. Commissioner Cardamone stated that reengineering the telephone system will generate a substantial cost savings and should have been considered previously. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 12. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 99R-1131) - ADOPTED; ITEM 2 (RESOLUTION NO. 99R-1134) - ADOPTED; ITEM 3 (ORDINANCE NO. 98-4041) - ADOPTED; ITEM 4 (ORDINANCE NO. 98-4093) - ADOPTED (AGENDA ITEM III-B) #1 (3370) through (3520) City Auditor and Clerk Robinson read proposed Resolution Nos. 99r-1131 and 99R-1134 and proposed Ordinance Nos. 98-4041 and 98-4093 by title only. 1. Adoption Re: Proposed Resolution No. 99R-1131, accepting reports of Abatement of Nuisances, and costs incurred, pertaining to the repair, securing, or demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against the real property upon which such costs were incurred; providing for the recording of said assessments in the City's "Assessment Book for Local Improvements" and in the official records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens; etc. (Title Only) BOOK 45 Page 17822 11/16/98 6:00 P.M. BOOK 45 Page 17823 11/16/98 6:00 P.M. 2. Adoption Re: : Proposed Resolution No. 99R-1134, adopting Rules of Procedure for hearings involving Quasi-Judicial Land Development Applications; setting forth findings; etc. (Title Only) Commissioner Cardamone left the Commission table at 7:28 p.m. 3. Adoption Re: Second reading of proposed Ordinance No. 98-4041, amending Chapter 21 of the City Code, Offenses, Section 21-128 pertaining to skateboarding; providing for amendments to those certain boundaries where Skateboarding is prohibited; granting authority for the City Manager to prohibit skateboarding on public property by posting; setting forth criteria for such posting; providing for the severability of parts hereof; repealing ordinances in conflict; etc. (Title Only) 4. Adoption Re: : Second reading of proposed Ordinance No. 98-4093, amending Chapter 10 of the City Code, Beaches and Waterways, pertaining to the operation of vessels within 100 feet of the Saprito Pier when posted; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 4, inclusive. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone returned to the Commission table at 7:30 p.m. Mayor Dupree requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 13. PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 99R-1130, GRANTING A VARIANCE OF 15.5 FEET FROM THE MINIMUM REQUIRED FLOOR ELEVATION OF 17 FEET TO ALLOW FOR THE REMODELING OF THE VAN WEZEL PERFORMING ARTS HALL AS REQUEST BY PETITION NO. 99-04; LOCATED AT 777 NORTH TAMIAMI TRAIL; SETTING FORTH FINDINGS; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-1) #1(3571) through #2(0663) Timothy Litchet, Manager of Building, Zoning and Code Enforcement, and William Mitchell, Executive Director, Van Wezel Performing Arts Hall (VWPAH), came before the Commission. Mr. Litchet stated that the existing minimum floor elevation at the VWPAH does not meet Federal Emergency Management Agency (FEMA) regulations; that the proposed remodeling to the VWPAH requires a variance from the minimum floor elevation in the FEMA V18 elevation 17-flood zone; that proposed Resolution No. 99R-1130 grants a variance of 15.5 feet as required. Mr. Litchet continued that in accordance with Zoning Code Section 2-11, the Commission reviews variances to properties in Governmental Use (G) Zone Districts and is required to make certain findings based on criteria found in Zoning Code Section 8.5-15; that the Commission has been advised previously regarding the planned renovation to VWPAH; that the Agenda materials include a copy of the variance application, a floor plan, and a site plan detailing the flood zones. Mr. Litchet referred to and explained the following questions and responses to criteria outlined in the petition application: 1. What special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district? Mr. . Litchet stated that The Van Wezel is a publicly-owned performing arts center which is the only such facility in the City, and one of the few such publicly-owned facilities in the State of Florida; that the structure was constructed prior to current FEMA regulations and no realistic possibilities of moving or elevating the structure exist. 2. Do you feel that the above special conditions and circumstances as described were brought about by your actions? If not, why not? Mr. Litchet stated that the VWPAH was constructed prior to the adoption of the FEMA regulations; that the proposed repairs are necessitated by normal usage of the facility and also by a desire to bring the facility into compliance with new federal and local codes. 3. Explain fully why you feel that literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights BOOK 45 Page 17824 11/16/98 6:00 P.M. BOOK 45 Page 17825 11/16/98 6:00 P.M. commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Code and would cause unnecessary and undue hardship for the applicant. Mr. Litchet stated that the existing regulations create a unique hardship on the City and City residents as no realistic possibilities for relocation of the VWPAH exist and many of the required repairs are necessary to insure the structure remains safe for the public; that the facility is utilized by both City and County residents and provides a unique cultural resource for both jurisdictions; that not being able to renovate the VWPAH as proposed would create an economic, cultural, and social loss for the community. 4. Is the variance requested the minimum variance that will make possible the reasonable use of the land? If yes, explain how. If no, explain why more than the minimum request is necessary. Mr. Litchet stated that yes, the renovation proposed is required to bring the VWPAH into compliance with the building and life safety codes and other laws such as the American with Disabilities Act (ADA); that the proposed renovation is the minimum necessary to meet community needs and be competitive with other similar facilities throughout the State. 5. Is any special privilege being granted by approval of petitioner's request that is denied by the Zoning Code to other lands, buildings or structures in the same zone and not specifically authorized by the City Commission? Mr. Litchet stated that no special privilege is being granted as similarly situated public or private structures are not located within the City. 6. Explain how the granting of the variance or request will be in harmony with the general intent and purpose of the Zoning Code and not detrimental or in any way injurious to the neighborhood or public welfare. Mr. Litchet stated that the VWPAH is situated on a large parcel of land, with no nearby adjacent structures which would be impacted in any. manner by the renovation; that the structure is not being significantly enlarged, therefore, will not negatively impact structures in the adjacent flood zones; that the renovation is necessary for the VWPAH to remain viable and competitive with other pertorming arts halls throughout the State. Vice Mayor Patterson asked the portion of the facility which is at a minimum floor elevation of 1.5 feet? Mr. Mitchell stated that the area underneath the Orchestra pit, which accommodates the hydraulic system, is at a minimum floor elevation of 1.5 feet but has not flooded in 29 years. Mr. Litchet stated that floor elevation of the majority of the structure is significantly higher than 1.5 feet; however, the applicant is required to advertise the minimum floor elevation when requesting a variance. Vice Mayor Patterson asked the floor elevation of the Grand Foyer? Mr. Litchet stated 8 feet. Commissioner Pillot stated that granting the variance will do nothing to change the structural susceptibility to flooding nor would failing to complete the proposed renovation improve the structural susceptibility to flooding. Mr. Litchet stated that is correct. Mayor Dupree opened the public hearing. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1130 by title only. City Manager Sollenberger stated that the Administration recommends adoption of proposed Resolution No. 99R-1130. On motion of Vice Mayor Patterson and second of Commissioner Pillot, it was moved to adopt Resolution No. 99R-1130 based on the record presented by Staff. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Commissioner Cardamone requested a status update on the lawsuit filed challenging the 10-year extension of the Local Option Sales Tax (L.O.S.T.), also referred to as the Penny Sales Tax, from which the renovation of the VWPAH and many other community projects are scheduled to receive funding. City Attorney Taylor stated that in November 1997 the electorate voted in a 10-year extension of the L.O.S.T. to raise funding for specific projects proposed by Sarasota County, City of Sarasota, other municipalities, and Sarasota County School Board; that subsequently I a lawsuit was filed challenging the validity of the tax, the ballot question, and other aspects of the process BOOK 45 Page 17826 11/16/98 6:00 P.M. BOOK 45 Page 17827 11/16/98 6:00 P.M. followed; that the lawsuit is aimed at Sarasota County as proponent of the amendment, but all participating entities have joined in the litigation to defend the suit; that the lawsuit suit basically alleges the ballot question was not clear and people did not know what was being voted on; that representatives and legal counsel for the participating; entities, who expended numerous hours fashioning a ballot question which would not be confusing to the electorate, feel the ballot question as posed was clear and the allegation has no substance; however, planned projects cannot go forward while litigation proceeds because the tax cannot go into effect until the litigation is cleared; that the governmental entities are prohibited from issuing bonds for project such as the VWPAH renovation because an unrestricted and clear funding source by which to pay the debt service cannot be demonstrated; that the litigation is negatively impacting all time frames associated with the proposed projects and, based on procedures and rules within the judicial system, is likely to take more than one year to be cleared; that the litigation is subject to a Motion to Dismiss for failure to state a cause of action, which will be heard in court in late November; however, even if the judge grants the Motion to Dismiss, rules allow the party filing to amend in an attempt to better and more correctly state the cause of action; that whether or not the pleading is good enough to have the case heard in court may not be known until January 1999. City Manager Sollenberger stated that the VWPAH renovation scheduled to commence on April 1, 1999, will have to be delayed an additional year if the litigation preventing the City from issuing bonds continues much longer; that the VWPAH renovation is a $16 million project; that the litigation could increase the project cost by almost half a million dollars if a three-percent inflation factor in the rate of construction occurs. Vice Mayor Patterson stated that the VWPAH's main season has been truncated to accommodate the renovation; that the impact on arts organizations, i.e., the symphony and ballet, whose seasons have been shortened, will reoccur next year if the litigation continues. Commissioner Cardamone stated that the 10-year extension of the L.0.S.T. was voted in by 63 percent of the electorate, who should be outraged that someone has filed a lawsuit stating they were not intelligent enough to read and understand the ballot question or what was being voted on. Commissioner Pillot stated that the potential delay will have significant financial impacts on the Sarasota County School Board and on the construction of planned educational facilities. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4096, TO AMEND ORDINANCE NO. 97-4021 BY THE SUBSTITUTION OF SITE AND DEVELOPMENT PLAN 98-PSD-K FOR PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN 97-PSD-18 TO INCORPORATE MODIFICATIONS TO THE MANDARIN PARK SUBDIVISION INCLUDING AMONG OTHERS, THE DELETION OF TWO (2) RESIDENTIAL UNITS sO AS TO PERMIT CONSTRUCTION OF NINETEEN (19) CLUSTER HOUSING UNITS IN A RSF-3 ZONE DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE OF SOUTH TAMIAMI TRAIL BETWEEN BAHIA VISTA STREET AND PROSPECT STREET, WITH A STREET ADDRESS OF 1926 BAHIA VISTA STREET: APPROVING SITE AND DEVELOPMENT PLAN 98-PSD-K; PROVIDING FOR CONDITIONS REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2) AND 15. PUBLIC HEARING RE: PROPOSED SPECIAL EXCEPTION PETITION NO. 98-SE-17 PERTAINING TO A 19 LOT CLUSTER HOUSING SUBDIVISION KNOWN AS MANDARIN PARK IN A RSF-3 ZONE DISTRICT, AS MORE PARTICULARLY DESCRIBED IN PRELIMINARY SITE AND DEVELOPMENT PLAN APPLICATION 98-PSD-K; SAID PROPERTY BEING LOCATED WEST OF SOUTH TAMIAMI TRAIL, BETWEEN BAHIA VISTA STREET AND PROSPECT STREET, WITH A STREET ADDRESS OF 1926 BAHIA VISTA STREET, AS MORE PARTICULARLY DESCRIBED IN SAID SPECIAL EXCEPTION APPLICATION: ETC. AFFIRMED PBLP APPROVAL (AGENDA ITEM IV-2) AND 16. PUBLIC HEARING RE: PROPOSED PETITION NO. 98-SUB-01 REQUESTING PRELIMINARY AND FINAL PLAT APPROVAL FOR A SUBDIVISION KNOWN AS MANDARIN PARK CONTAINING NINETEEN (19) LOTS AS MORE PARTICULARLY DESCRIBED IN SAID APPLICATION: SAID PROPOSED SUBDIVISION IS LOCATED ON THE WEST SIDE OF SOUTH TAMIAMI TRAIL BETWEEN BAHIA VISTA STREET AND PROSPECT STREET, WITH A STREET ADDRESS OF 1926 BAHIA VISTA STREET, SARASOTA, FLORIDA; AS MORE PARTICULARLY DESCRIBED IN SAID APPLICATIONI ETC. - APPROVED (AGENDA ITEM IV-2) #2 (0652) through (1045) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the rules of procedure for conducting public hearings on quasi-judicial matters as set forth in the 1998 Land Development Regulations (LDRs) apply; that Staff will describe the petition, the petitioner will make a BOOK 45 Page 17828 11/16/98 6:00 P.M. BOOK 45 Page 17829 11/16/98 6:00 P.M. presentation, and then the recommendation of the Planning Board/Local Planning Agency (PBLP) will be provided. Ms. Robinson referred to the site plan displayed on the overhead projector; and stated that Mandarin Park is proposed as a cluster housing subdivision of single family homes in a Residential, Single-Family (RSF-3) Zone District, located between Prospect Street and Bahia Vista Street, approximately 250 feet west of U.S. 41. Vice Mayor Patterson asked if one public hearing can be held for proposed Ordinance No. 99-4096, Special Exception Petition No. 98-SE-17, and Petition No. 98-SUB-01? City Auditor and Clerk Robinson stated yes. Joel Freedman, Bishop & Associates, Agent for Mandarin Park Associates, Inc., came before the Commission and stated that he has been a practicing planner in Sarasota for approximately 16 years and is familiar with the City's codes; that the revised Mandarin Park subdivision project is consistent with the Sarasota City Plan and the Zoning Code; that, originally, Ordinance No. 97-4021 rezoned the subject property to the RSF-3 Zone District and approved development of a 21-lot cluster housing subdivision; that following receipt of the necessary development approvals, the developer decided to reduce the number of lots from 21 to 19; that the community pool originally proposed has been removed in response to unfavorable market indicators; that optional, individual pools will be available; that no other changes have been made; that the property will be developed at 4.4 units per acre versus 5.8 units per acre, which is the maximum density permitted. Ms. Robinson stated that the PBLP found Petition Nos. 98-PSD-K, 98-SE-17, and 98-SUB-01 consistent with the Sarasota City Plan and the City's Tree Protection Ordinance and unanimously recommended Commission approval subject to four conditions pertaining to access, buffering, and compliance with landscape and tree preservation plans. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. Commissioner Pillot left the Commission Chambers at 7:59 p.m. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4096 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 99-4096 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Merrill, yes; Patterson, yes; Dupree, yes; Cardamone, yes. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to affirm the PBLP resolution approving Special Exception Petition No. 98-SE-17. Motion carried unanimously (4 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to approve Petition No. 98-SUB-01, the preliminary and final plat for a subdivision known as Mandarin Park. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. Commissioner Cardamone stated that the proposed Mandarin Park subdivision is a good project for the City of Sarasota; that the surrounding neighborhood views the proposal as a desirable use of the property. Commissioner Pillot returned to the Commission Chambers at 8:03 p.m. 17. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4073, AMENDING THE ZONING CODE (1998), ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES, DIVISION 4, ADULT USE PERMITS, SECTION IV-418, NONCONFORMING ADULT USES BY CHANGING THE REGULATIONS SET FORTH THEREIN REGARDING NONCONFORMING ADULT USES; PROVIDING, IN LIEU OF GRANDFATHERING AS TO LOCATION ONLY, A TWO- YEAR AMORTIZATION PERIOD FOR AN ADULT BOOKSTORE, /VIDEO STORE, ADULT THEATER OR PHYSICAL CULTURE ESTABLISHMENT LAWFULLY OPERATING AT ITS EXISTING LOCATION ON JUNE 15, 1998 BUT NOT IN CONFORMITY WITH THE LOCATION REQUIREMENTS OF THE ZONING CODE (1998); PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #2 (1045) through (1943) Michael Connolly, City Attorney's Office, came before the Commission and stated that the Commission adopted Ordinance No. 97-4015, a comprehensive adult-use ordinance, at the June 15, 1998, regular Commission meeting; that proposed Ordinance No. 98-4073 deletes and replaces the provision BOOK 45 Page 17830 11/16/98 6:00 P.M. BOOK 45 Page 17831 11/16/98 6:00 P.M. concerning the grandfathering of nonconforming Adult Use establishments as to location only as set forth in Ordinance No. 97-4015 with a two-year amortization period; that the grandfathering provision in Ordinance No. 97-4015 pertains to three existing adult-use businesses: Pleasures II Adult Video, Inc. (Pleasures II), 4211 North Tamiami Trail Libro Limited, Inc., North Street News, d/b/a North Washington Boulevard News, 1038 North Washington Boulevard Blue Video Sarasota, Inc. (Blue Video), 2721 North Tamiami Trail Attorney Connolly stated that considerable discussion occurred at the two public hearings for Ordinance No. 97-4015 concerning the grandfathering provision; that the Commission instructed the City Attorney's Office to report on options to the grandfathering provision; that a report on the options was made at the July 20, 1998, regular Commission meeting; that the Commission instructed the City Attorney's Office to prepare an ordinance to replace the provision of grandfathering as to location only with a two-year amortization period; that the three adult-use businesses would be forced to comply with the location requirements of the Zoning Code two years after the effective date of the proposed ordinance with the possibility of relocating to one of the 35 alternative locations available in the City for adult-use businesses; that the adult-use businesses would be required to relocated at least 600 feet away from a church, synagogue, school or residentially zoned property; that the Planning Board/Local Planning Agency (PBLP) at the September 2, 1998, PBLP meeting found proposed Ordinance No. 98- 4073 consistent with the Sarasota City Plan and recommended setting the proposed ordinance for public hearing; that two public hearings are required as proposed Ordinance No. 98-4073 affects the use of three properties in the City; that the Commission adopted the Land Development Regulations (LDRs) as the Zoning Code (1998) at the October 21, 1998, special Commission meeting; that proposed Ordinance No. 98-4073 has been modified for reference to the 1998 Zoning Code and amends Section IV-418, Noncontorming Adult Uses, Zoning Code (1998). Mayor Dupree opened the public hearing. The following people came before the Commission: Burt Polishook, 3931 Bay Shore Road (34234), Vice President, Indian Beach/Sapphire Shores Association (IBSSA), stated that the 1,200 families in the Indian Beach/Sapphire Shore neighborhoods are pleased with the passage of Ordinance No. 97-4015 except for the grandfathering provision; that two of the three grandfathered adult-use businesses are in the Indian Beach/Sapphire Shores neighborhood; that proposed Ordinance No. 98-4073 provides an opportunity to rectify the grandfathering of the three adult-use businesses; that the Commission is requested to adopt proposed Ordinance No. 98-4073 quickly so the two-year amortization period can begin to run. Dawn Byrd, 2100 Sarasota Mobile Home Park (SMHP), #1946 (34237), stated that a reminder is necessary and cited the Sarasota 2000 Goals as follows : To Be A Safe Place For People To Have Viable Neighborhoods Working Together As A Community To Be An Attractive, Clean And Aesthetically Pleasing City To Be A Financially Responsible City Government Providing High Quality Services And Infrastructure To Achieve Economic Vitality Through Healthy Businesses And Quality Job Opportunities Ms. Byrd stated that the recent replacement of one adult-use business with another at the same location was disappointing; that the understanding was another adult-use business would not be able to move into the same location; that the goal for north and east Sarasota is to develop a small-town feeling; that the artwork at the west entrance to City Hall is entitled "Nobody's Listening"; that a question is if anyone is listening; that the public speakers are attempting to clean up the City for the benefit of the children and to enhance property values; that the adult-use businesses should be eliminated from the City; that the Commission is encouraged to find a solution; that appreciation is expressed for the Commission's cooperation and consideration. Esther Rachwal, 4975 Southern Wood Drive (34241) representing the Florida Family Association, stated that the presence of Vice Mayor Patterson on the Sarasota Board of County Commissioners will be positive; that her work on the subject of adult-use businesses is not finished as the issue is of concern in the County; that commencing the two-year amortization period is supported and encouraged; that a question is if the grandfathering in Ordinance No. 97-4015 could have applied to the business rather than the location. Attorney Connolly stated that grandfathering the business rather than the location was discussed by the PBLP and the Commission; that as a matter of law, a particular use not a particular business is grandrathered; that the use of an adult-use business is grandfathered rather than the business owner. BOOK 45 Page 17832 11/16/98 6:00 P.M. BOOK 45 Page 17833 11/16/98 6:00 P.M. Commissioner Pillot asked which law pertains? Attorney Connolly stated that State law applies. Commissioner Pillot stated that State law is above the Commission's authority. Attorney Connolly stated that is correct. Ms. Rachwal stated that Sheriff Simon Leis, Jr., of Hamilton County, Ohio, which includes Cincinnati, Ohio, was able to eliminate all sexually oriented businesses (SOBs) from the area; and distributed an October 19, 1998, letter from Sheriff Leis outlining the approach taken to eliminate adult-use businesses; that the approach taken by Sheriff Leis is recommended. Dan Bush, 2504 Waneta Drive (34231), representing the Florida Family Association. current resident of Sarasota County and former resident of the City for 27 years, and 16-year member of the Sarasota County Board of Zoning Appeals, stated that the pertinent laws are understood; that the Commission is commended for the time taken and the forthrightness with which the issue of adult-use businesses has been considered; that a shorter amortization period than two years is favored; however, the wisdom of the legal recommendation is understood. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4073 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4073 on first reading. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 98-4073 on first reading. Commissioner Merrill stated that a public speaker at a previous Commission meeting indicated the term "adult-use entertainment" was not acceptable as the public speaker was an adult but adult-use businesses do not provide his preferred type of entertainment; that reference has been made to sexually oriented businesses (SOBs) i that in New York City, the adult-use ordinances were negated by the court since children were brought into the adult-use businesses, thus destroying the definition of adult-use businesses; that the City should change the definition of adult-use businesses to SOBs to avoid the argument that allowing children into adult-use businesses voids the regulations. Vice Mayor Patterson stated that adult-use businesses have been an issue since the beginning of her tenure on the Commission; that the October 19, 1998, letter from Sheriff Leis is interesting and cited as follows: Ohio Law provides if you can establish a pattern of lewd and lascivious conduct and the county sO finds, the establishment can be padlocked and closed down. Vice Mayor Patterson stated that the difference between Ohio and Florida law, if any, would be of interest; that the potential is to address the issue at the State level. City Attorney Taylor stated that a similar law does not exist in Florida; however, the Nuisance Abatement Board was established pursuant to State law and can regulate gang and drug activity; that the State Legislature could take the step to control adult-use businesses in a similar fashion. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 98-4073. Motion carried unanimously (5 to 0): : Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. Commissioner Cardamone stated that numerous telephone calls and letters have been received in the last month as a result of a letter published in a newsletter of the Florida Family Association targeting herself and Commissioner Pillot as not appearing interested in supporting more restrictions in protecting the community from the negative effects of sexually oriented businesses (SOBs) i that mailing the newsletter throughout the State and encouraging recipients to telephone or write concerning her position is objectionable; that the letter is signed by David Caton, President of the Florida Family Association, who never called concerning her position on adult-use businesses; that support has been offered all the adult-use ordinances presented; that the courtesy of determining a Commissioner's position should have been afforded; that considerable time has been expended in responding to telephone calls and letters; that the letter was unfounded and unfair. Mayor Dupree agreed. Commissioner Pillot stated that the letter was just seen today; that the same receipt of numerous telephone calls and letters has been experienced; that none of the callers was discourteous; that all requested support of restrictions on adult-use businesses; that his record has been consistent and clear; that he made the motion which was unanimously approved by the Commission BOOK 45 Page 17834 11/16/98 6:00 P.M. BOOK 45 Page 17835 11/16/98 6:00 P.M. instructing Staff to proceed with the strongest ordinance which would pass U.S. and State Constitutional muster; that the unfounded, incorrect, irresponsible, and insulting comments in the letter are resented; that some in the audience who know the record will advise the letter's author that the comments are irresponsible and insulting. Vice Mayor Patterson stated that all the Commissioners have supported efforts to eliminate from the City adult-use businesses which are detrimental to the viability of the City and the atmosphere of City neighborhoods; that the only disagreement is the degree of conservatism in following the advice of the City Attorney's Office in advancing an ordinance which can withstand legal challenge; that some Commissioners have pushed the City Attorney's Office beyond legal recommendations; that some Commissioners have preferred an ordinance guaranteed to withstand legal challenge; that the issue involves judgment not intent. 4. CITIZENS' INPUT CONCERNING CITY TOPICS - REFERRED FLORIDA HOUSE INSTITUTE FOR SUSTAINABLE DEVELOPMENT (FHI) FUNDING REQUEST FOR URBACULTURE PROJECT TO ADMINISTRATION FOR REVIEW (AGENDA ITEM VI) #2 (1909) through #3 (0196) The following people came before the Commission: Jane Carrigan, 101 North Adams Drive (34236) President, St. Armands Residents Association, stated that a second bridge to the Keys is not currently in a planning stage; therefore, the John Ringling Causeway Bridge will continue bringing traffic to and through St. Armands Circle for the barrier islands of Longboat Key, Lido Shores, Lido Beach and City Island; that mainland expansion including Sarabande, Renaissance of Sarasota, Hyatt, Ritz-Carlton, Marina Tower, etc. will increase the use of north and south Lido Parks, Lido Beach, Ken Thompson Park and of the shopping and dining facilities on St. Armands Circle which will exacerbate the traffic problems; that the St. Armands Circle Association and the St. Armands Residents Association, with support from Lido Key residents, came together to address special events not needing access to the water and other events occurring in the height of the tourist seasoni that solutions are sought for the problems with traffic; that Sarasota tourists and residents alike have a right to unencumbered access to beaches and parks; that special events should be located in other, less-congested areas of the City during the tourist season; that William Carman, President, St. Armands Circle Association, asked her to thank the Commission, City Manager Sollenberger, Gregory Horwedel, Director of Neighborhoods and Redevelopment, and other members of the City Staff for assisting neighborhoods in coming together to responsibly address problems in a timely and conscientious manner; and cited the following from the Agenda Welcome Letter, which serves as a cover sheet for each of the City Commission meetings: Remember, appearances before the Commission are not a substitute for attempting to resolve your issue(s) through the appropriate administrative channels. We expect that citizens have first attempted to speak directly with the City's administration. Ms. Carrigan stated that the Commission deserves thanks from every resident, commercial land owner, and merchant who cares about the quality of life and good traffic practices on the Keys; that the majority of the Commission has been responsive whenever contacted by citizens. Ken Shelin, 117 North Washington Drive (34236), stated that the City of Sarasota's legitimate administrative permitting process may be subverted by the obstinacy of a commercial enterprise which ignores the concerns of merchants and residents alike and which will produce a negative impact on the City; that Feld Entertainment, Inc., owner of the Ringling Bros. and Barnum & Bailey Combined Shows, Inc., has refused to consider reasonable concerns of Sarasota citizens by attempting to stage circus performances at Ken Thompson Park during the height of the tourist season; that a circus will draw thousands of additional people to badly congested areas; that traffic gridlock would occur continuously for the six to eleven days from U.S. 41 and Gulf Stream Avenue through Bird Key, St. Armands Key, Lido Beach, Lido Shores and Longboat Keyi that the City wisely sought the advice of the citizens and businesses most affected by the proposed circus event and denied the request on two separate occasions; that City Administration, though not required to seek outside advice, should have sought permission to stage a circus event from the City of Longboat Key, directly adjacent to Ken Thompson Park, prior to entering discussions with Feld Entertainment, Inc.; that the Commission should deny the permit request and not allow Feld Entertainment, Inc., to win by default. Rick Liberi, 1810 Morrill Street (34236) President, Laurel Park Neighborhood Association, stated that the Morrill Court project being developed in the Laurel Park neighborhood is of serious concern due to the ongoing parking problems in the area; that review of Article 9 of the Morrill Court Covenants and Restrictions reveals only 14 parking spaces are provided, by means of a permanent easement, for 10,000 square feet of commercial space; that Article 10 references retained ownership and development rights of the on-site parking lot by the developer; that a permanent parking easement could and should be granted for 40 versus 14 spaces; that the Covenants and Restrictions should be changed to reflect the 40 spaces which BOOK 45 Page 17836 11/16/98 6:00 P.M. BOOK 45 Page 17837 11/16/98 6:00 P.M. were included in the site and development plan and referenced in all presentations made to the PBLP and to the City Commission; that the Commission should direct Timothy Litchet, Manager of Building, Zoning and Code Enforcement, to refrain from issuing any building permits until the developer changes the number of permanent parking spaces from 14 to 40 for compliance with Zoning Code Section 8-145 (d); and submitted a letter dated November 14, 1998, from the Board of Directors of the Laurel Park Neighborhood Association supporting his statements. City Manager Sollenberger stated that Staff has scheduled a meeting on November 17, 1998, to review the Morrill Court project; that a written report will be forwarded to the Commission with a copy provided to Mr. Liberi. John Lambie, 401 Dona Drive, Nokomis (34275) Director, Florida House Institute for Sustainable Development (FHI), distributed copies of memoranda dated as follows and referencing the environmental conditions on the proposed Urbaculture site on Dr. Martin Luther King, Jr., Way: 11-12-98 from Ardaman & Associates to FHI 09-16-98 from the Florida Department of Environmental Protection (DEP), to the University of Florida Cooperative Extension Service 09-16-98 from the University of Florida Cooperative Extension Service to DEP 08-24-98 from the DEP to the Southwest Florida Water Management District 07-31-98 from the DEP to Individuals. Requesting Consultation to Commence Construction on Old, Closed Landfills 07-29-98 from the University of Florida Cooperative Extension Service to the Southwest Florida Water Management District Mr. Lambie stated that work commenced in June 1998 to secure land use and development construction permits for the Urbaculture Project; that the Department of Environmental Protection (DEP) has taken back control from the Southwest Florida Water Management District (SWFWMD) for surface and groundwater permitting as the property is a closed landfill; therefore, the preliminary work completed with the SWFWMD has been negated and negotiations have begun with the DEP; that draft regulations issued in July 1998 on landfills will require soil, environmental and groundwater tests; that Ardaman & Associates, Inc. has estimated the cost of performing environmental testing for heavy metals, trace, test wells and soil samples at $27,500; that the testing must be completed before the first three acres can be used and Phase I of the Urbaculture Project implemented; that many people are ready to commence planting; that Commission support for funding to proceed with preliminary tests for potential environmental contaminants is requested. Vice Mayor Patterson stated that the State may have funding available for the development of brownfields. Mr. Lambie stated that State funding is available through a brownfield grant; that an Environmental Protection Agency (EPA) brownfield Federal grant application could be generated by the City; that pursuance of funding sources takes considerable time; however, assistance in proceeding with the initial environmental testing is important to maintain credibility with the neighborhood. Vice Mayor Patterson asked why the grants had not been pursued during the planning stages of the Urbaculture Project? Mr. Lambie stated that requested EPA brownfield grant guidelines have not yet been received. Vice Mayor Patterson stated that the EPA provides a Federal grant; and asked why grants had not been sought at the State level? Mr. Lambie stated that knowledge of the grants was revealed by the DEP after advising FHI of the testing requirements; that no further progress can be made without assistance of the Commission in applying for grants from the State or in negotiations with the DEP. Commissioner Pillot asked if the request for Commission assistance had been given to Administration prior to this meeting and the City Manager provided sufficient time to review and respond? Mr. Lambie stated that City Manager Sollenberger was informed of the funding request just prior to this meeting and therefore was not provided sufficient time for review. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to refer the issue of funding for the Urbaculture Project to the Administration for the earliest possible action. Commissioner Pillot stated that the intent of the motion is for Administration to review the issue; that no direction is being given to Administration for approval. BOOK 45 Page 17838 11/16/98 6:00 P.M. BOOK 45 Page 17839 11/16/98 6:00 P.M. Commissioner Merrill stated that the Administration should review the Urbaculture Project to determine if planting lettuce for manatees merits an expenditure of $27,500. City Manager Sollenberger stated that an expenditure of $27,500 is required for the initial EPA testing; however, the DEP will generate more questions, which will require more studies, thus necessitating further funding; that a three-year effort was required to obtain permitting for the City's Waste Water Treatment facilities; that the Administration will review alternatives; that the brownfield grant approach is a possibility; that assistance could also be requested through the sustainable communities program with the Department of Community Affairs (DCA). - Commissioner Cardamone asked if the EPA permits are necessary for planting lettuce for manatees? Mr. Lambie stated that the Urbaculture Project is not only a community garden, but a demonstration farm, learning center, agriculture incubator, e.g., the equivalent of a Florida House as a farm; that preliminary, innovative site planning proposals in the early planning stages showed exemplary land uses for agriculture including restoring ditches, retaining and treating water on site, etc.; however, the DEP will not allow any planting on the landfill since the water may percolate through the four- foot layer of unknown composition; that, currently, site by site examination is necessary in the permitting process; that some items may be negotiable, but hundreds of hours have been spent on negotiations with no resolution in sight. Commissioner Cardamone asked if the FHI received funding from SWFWMD for the Urbaculture Project? Mr. Lambie stated yes; that the amount received was $100,000; that part of the grant was for mitigation and site work; that initially the DEP delegated the surface and groundwater permitting to the SWFWMD but later rescinded the offer as interests turned to landfills; that the SWFWMD has a policy of withholding grants on projects without a permit; that all work performed since July 1998 has been pro bono, with donated time from various agencies. Commissioner Cardamone asked if soil samples have been tested previously by people interested in the property? City Manager Sollenberger stated that past samples related to soil stability, not contamination assessment. Vice Mayor Patterson stated that the City could be caught in endless difficulties obtaining the required permits for the landfill; that potential expenditures of up to $180,000 for preliminary work is feasible; that the high cost of testing is unacceptable compared to the benefits created; however, a holistic approach to pursuing grant funding could be supported as the Project will focus on more than just planting lettuce for manatees; that the FHI may have to consider an alternative site for the Project if environmental issues on the proposed site cannot be resolved. Mayor Dupree stated that a holistic approach is a good idea; that some of the Commissioners participated in the early planning stages of the Urbaculture Project with high hopes for success and implementation; that earlier goals called for using the land as a demonstration project; that another goal aimed at providing a means for developing entrepreneurship skills through establishment of a farmers' market selling flowers, vegetables, and crafts; that what began as a great venture appears to have many obstacles; that the Administration should review alternatives and report back with recommendations as soon as possible. City Auditor and Clerk Robinson restated the motion as to refer the issue of funding for the Urbaculture Project to the Administration for earliest possible action. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Ned Parsekian, 460 North Washington Drive (34236), resident of St. Armands Key, stated that the staging of circus performances at Ken Thompson Park during the height of the tourist season is of concern; that severe traffic problems exist on St. Armands Circle since the roads carry only two lanes of traffic in each direction to serve the tourists and residents of Lido and Longboat Keys; that traffic gridlock will occur since the proposed circus event would accommodate 1,600 people inside a large tent, attract additional onlookers to the Park, and require many trucks to carry provisions for the area restaurants, circus workers, and animals; that other more appropriate sites are available, e.g., the Sarasota County Fairgrounds on Fruitville Road, which could better accommodate the additional traffic created by. a circus event; that the efforts of the City Administration, Mr. Horwedel, and other Staff members are appreciated; that the St. Armands Residents Association and the St. Armands Circle Association request Commission support by denying a permit request to stage the circus event at Ken Thompson Park. Marlow Cook, 444 North Washington Drive (34236), former U.S. Senator, representing St. Armands Residents Association, referred to a memorandum dated September 2, 1998, from City BOOK 45 Page 17840 11/16/98 6:00 P.M. BOOK 45 Page 17841 11/16/98 6:00 P.M. Manager Sollenberger to the City Commission which outlined the Administration's efforts to develop guidelines for the use of Ken Thompson Park with the associations on St. Armands; and referenced the Administration's intent not to permit staging a circus event at Ken Thompson Park absent letters of support from the St. Armands Residents Association and the St. Armands Circle Association. Mr. Cook stated that two verbal requests from Feld Entertainment, Inc., to utilize Ken Thompson Park for 11 days during the peak tourist season, the end of February and the first week of March, 1999, were denied by the Administration; that the circus will be set up initially at the Fairgrounds, dismantled, then set up again at Ken Thompson Park; that the purpose for relocation is probably to attract additional attention and patronage of residents and tourists at the event. Mr. Cook submitted for Commission viewing a map of Ken Thompson Park; and stated that the "Green Park" section on the site would most likely be the circus area; that the circus will have a huge tent and supplemental facilities for people and animals; that Feld Entertainment, Inc., has been unwilling to schedule the circus event to more desirable dates in January or April of 1999; that the Administration should be allowed to address permitting for such events without City Commission involvement; that previously a ban on large events was imposed during February and March due to traffic problems; that the authority of the Administration will be lost if the Commission allows the circus event to occur at Ken Thompson Park as proposed by Feld Entertainment, Inc. Esther Rachwal, 4975 Southern Wood Drive (34241) representing the Florida Family Association, stated that she was not responsible for but would like to respond to the comments made regarding the Florida Family Association newsletter. Ms. Rachwal stated that the Florida Family Association does not support David Caton's derogatory comments directed to Commissioners Cardamone and Pillot; that the presumption of non-support of proposed changes to Zoning Code regulations restricting sexually-oriented businesses was made by David Caton, President, Florida Family Association, based on attendance at one Commission meeting; that the letter constituted an overzealous attempt to obtain support and influence the Commission to support the proposed Zoning Code changes; that the membership responded. Ms. Rachwal continued that the inappropriate and misplaced zeal contained in the letter is not supported; that an apology is extended on behalf of the Florida Family Association; however, penning a letter is commendable because too often people's beliefs are not acted upon; that the efforts and support of the Commission is appreciated. Commissioner Pillot stated that Ms. Rachwal's position is understood; that her knowledge and leadership is appreciated; however, Mr. Caton, in holding a leadership position, should have made an effort to investigate the facts prior to making negative allegations; that research of the City Commission minutes or a simple telephone call would have indicated the Commissioners' views; that responsibility should be taken for factual reporting, especially when taking a stand on an important issue; that he, personally, was in Europe at the time Mr. Caton attended the Commission meeting; therefore, no assumptions of support or non-support should have been made. The Commission recessed at 9:10 p.m. and reconvened at 9:19 p.m. 18. UNFINISHED BUSINESS: DISCUSSION RE: BAYPRONT/BARRIER ISLAND TRANSPORTATION ADVISORY COMMITTEE' S "NEW GATEWAY TO THE THEATRE DISTRICT TRAFFIC PLAN" RECEIVED THE REPORT OF THE BAYFRONT, /BARRIER ISLAND TRANSPORTATION. ADVISORY COMMITTEE; DIRECTED THE ADMINISTRATION TO: 1) TAKE NO FURTHER ACTION ON THE NEW GATEWAY TO THE THEATRE DISTRICT TRAFFIC PLAN, 2) CONTINUE WORKING WITH THE COMMITTEE, AND 3) CONSIDER HIRING AN ADDITIONAL ENGINEERING CONSULTANT TO SUGGEST POTENTIAL ALTERNATIVES TO ADDRESS BAYFRONT TRAFFIC PROBLEMS (AGENDA ITEM VII-1) #3 (0200) through (2224) Asim Mohammed, Assistant City Engineer; Harriet Oxman, Chairman, and Roger Compton, Committee Member, Bayfront/Barrier Islands Transportation Advisory Committee, came before the Commission. Ms. Oxman stated that the Bayfront/Barrier Islands Transportation Advisory Committee has met regularly since April with Mr. Mohammed to discuss existing and projected traffic problems on U.S. 41 and on the Bayfront area; that Kevin Daves, an attorney representing core development for Ritz Carlton and John Harshman, President, Harshman & Company, Inc., of the Renaissance of Sarasota project support the Committee's recommendation for an outside study; that traffic problems exist on U.S. 41 from 10th Street to the U.S. 301/41 intersection and from U.S. 41 across the John Ringling Causeway Bridge to St. Armands Key; that a copy was obtained of the "Year 2020 Financially Feasible Transportation Plan" prepared for the Florida Department Of Transportation (FDOT) and Sarasota-Manatee Metropolitan Planning Organization (MPO) by Grenier, Inc., February 1996; that the comprehensive plan covering Sarasota and Manatee Counties, though extensive, shows no proposed changes for the U.S. 41 corridor from 10th Street to Gulf Stream Avenue. BOOK 45 Page 17842 11/16/98 6:00 P.M. BOOK 45 Page 17843 11/16/98 6:00 P.M. Ms. Oxman referred to a traffic plan entitled "New Gateway to the Theatre District Traffic Plan" developed by Roger Compton, a Massachusetts Institute of Technology (MIT) graduate and three -year member of the Ringling Bridge Task Force, as an alternative to the plan proposed by the City's Engineering Department which is based on traffic studies performed for the Renaissance of Sarasota project; and stated that the Committee recommends the Commission consider the following actions: Review the New Gateway to the Theatre District Traffic Plan and direct an independent evaluation of the Plan be conducted by an outside consultant. Direct a comprehensive traffic study by an outside consultant be conducted for the entire Downtown area to include the possible relocation of U.S. 41, and possible construction of a new bridge to Longboat Key. Mr. Compton stated that the alternative Traffic Plan he developed entitled New Gateway to the Theatre District Traffic Plan is a variation of the original alternative Traffic Plan submitted and reflects changes suggested by the City's Engineering Department; that synchronization of traffic lights are proposed for improved traffic flow and control of the speed of vehicles in critical areas; that the Engineering Department will have difficulty choosing an outside consultant without conveying a preference between a Traffic Plan proposed by City Staff and an alternative Traffic Plan proposed by others. Mr. Mohammed stated that the efforts of Ms. Oxman, Mr. Compton, and other members of the Committee are appreciated; that the FDOT recognizes the need for an areawide study for Downtown Sarasota; that development of a comprehensive plan will require substantial Staff resources and funding; that MPO funding will be requested in the cycle beginning November 1999 for a study to investigate issues of congestion and origins, i.e., areas most frequented by visitors and areas from which people arrive; that, additionally, access to Longboat Key will be addressed; that the short-term problem has involved working with developers of the Ritz Carlton Hotel and the Renaissance of Sarasota project to mitigate the impact of projected increases in traffic Downtown. Mr. Mohammed referred to a computer-generated plan displayed on the overhead projector dated August 25, 1998, "Bayfront-Barrier Island Transportation Advisory Committee" prepared by the City of Sarasota Engineering Department, which relates to the Renaissance of Sarasota project; and stated that the traffic plan proposed by Mr. Compton includes one-way streets, which are not conducive to pedestrian safety and retail development; that Main Street has flourished partially because traffic travels in two directions; that many cities, including Bradenton, which formerly established one-way streets to improve overall movement of traffic, are reverting to two-way streets to encourage economic development in Downtown areas; that research has shown property values for merchants are directly related to the amount of traffic which passes in front of the business; that Cocoanut Avenue has valuable parking spaces and a pedestrian-friendly area which would be lost in the traffic plan proposed by Mr. Compton. Commissioner Cardamone stated that the potential may exist to extend Cocoanut Avenue as a two-lane, two-way street across the landscaped area where the retention pond is currently located next to U.S. 41, or to configure Cocoanut Avenue as a four-lane, one-way street. Mr. Mohammed stated that research indicates numerous traffic signals slow the flow of traffic; that traffic signals are difficult to coordinate when two intersections are in close proximity; that an increased number of traffic signals would negate any benefits gained from construction of an additional street; that constructing a new intersection at Cocoanut Avenue and Gulf Stream Avenue near the most congested intersection in the City, U.S. 41 and Gulf Stream Avenue, would cause more gridlock; that the traffic plan proposed by Mr. Compton also proposes installation of two right-turn lanes on U.S. 41 south approaching St. Armands; that the existing single right-turn lane is effective since turning right at a red light is allowed; that motorists often have difficulty finding businesses or reaching destinations on one-way streets; that implementation of one-way streets may cause people to lose interest in frequenting Downtown; that long-term solutions will be pursued by working with the Bayfront/Barrier Islands Transportation Advisory Committee, residents, commercial property owners, and the FDOT. Mr. Compton stated that the alternative traffic plan proposed would offer a significant improvement over current conditions at the Gulf Stream Avenue/U.S. 41 intersection; that sequentially synchronized traffic lights, which provide smooth passage at a determined rate of speed thus reducing traffic congestion, make traffic congestion worse on two-way streets but are effective on one-way streets; that pedestrians can easily cross streets since traffic travels only in one direction. Commissioner Merrill asked if changes to the plan proposed by the City's Engineering Department other than implementing one-way streets were suggested? Mr. Compton stated that the original alternative Traffic Plan retained Cocoanut Avenue as a two-way street from Fruitville Road to Gulf Stream Avenue; that the New Gateway to the Theatre District Traffic Plan proposes a U.S. 41 spur which would extend Cocoanut Avenue from Gulf Stream Avenue to Bayfront Drive/U.S. 41 BOOK 45 Page 17844 11/16/98 6:00 P.M. BOOK 45 Page 17845 11/16/98 6:00 P.M. as a one-way street in a southerly direction and the removal of on-street parking spaces on Cocoanut Avenue. Commissioner Merrill stated that widening Cocoanut Avenue to four lanes could be considered; however, the traffic volumes probably would not warrant the change; and asked if improvements other than implementing one-way streets could be made? Ms. Oxman stated that supermarkets, pharmacies, and cleaning establishments to which residents in the Downtown area can walk are non-existent; that people living in condominiums along the Bayiront are dependent upon automobiles to purchase the amenities of everyday life; therefore, proposed plans to alleviate traffic gridlock must focus on vehicular traffic since pedestrian traffic is curtailed for the above-mentioned reasons. The following people came before the Commission: Ken Shelin, 117 North Washinqton Drive (34236), stated that as a member of Bayfront/Barrier Islands Transportation Advisory Committee, the plans proposed by the City's Engineering Department and by Mr. Compton have been studied; that Mr. Mohammed should have referenced the negative aspects of the City's plan; that the alternative plan proposed by Mr. Compton should be evaluated as an increase in the size of U.S. 41, already a non-pedestrian-friendly street not conducive to business development, could be prevented; that a more comprehensive approach to highway design and development in the Downtown area should be pursued versus a patchwork approach focusing only on one or two intersections; that the alternative plan proposed by Mr. Compton is a more comprehensive approach to reroute traffic in the most congested areas of the City; that Mr. Mohammed advised the Committee on September 29, 1998, of the MPO's intention to request $1 million of funding from the FDOT next year to perform a study to evaluate potential improvements to major intersections in Sarasota, with particular emphasis on the intersections at Fruitville Road/ U.S. 41 and Gulf Stream Avenue/U.S. 41; however, since the MPO has a multi-million dollar study planned for Downtown Sarasota in 2010 an extended period of narrowly-focused interim solutions will remain; that Sarasota should consider more comprehensive, areawide approaches to resolve traffic problems; that the Commission should consider the plan proposed by Mr. Compton, which, though imperfect, provides a broader view of traffic management than the plan proposed by the City's Engineering Department. Eunice Connors, 1111 North Gulf Stream Aveue, #9-D (34236), stated that she lives near the Gulf Stream Avenue/U.S. 41 intersection; that the plan proposed by the City's Engineering Department proposes to mitigate traffic conflicts with the 4,116 vehicles projected to ingress and egress from the proposed Ritz Carlton project; that the City's plan addresses only the area from U.S. 41 at Sarasota Quay south to Sunset Drive; that economic problems exist for businesses on U.S. 41, currently a two-way street; that a one-way street might improve economic conditions by providing easier access to businesses; that the Commission should consider the alternative plan proposed by Mr. Compton for the benefit of residents who live in the Downtown area, particularly on the west side of U.S. 41. City Manager Sollenberger stated that the Administration recommends the Commission receive the report of the BayEront/Barrier Island Transportation Advisory Committee, but direct the Administration take no further action on the "New Gateway to the Theatre District Traffic Plan"; that Staff will continue to work with the Committee to pursue improvements in traffic planning for Downtown; that past experience has proven one-way streets in downtown areas limit access to destinations and thus negatively impact businesses. On motion of Commissioner Merrill and second of Commissioner Pillot, it was moved to: 1) receive the report of the Bayfront/Barrier Island Transportation Advisory Committee and 2) direct the Administration take no further action on the New Gateway to the Theatre District Traffic Plan, with Staff to continue working with the Committee. Commissioner Merrill stated that most planning books recommend against implementing one-way streets; that finding establishments in downtown Ft. Myers, which has many one-way streets, is difficult, thus a comfort level in trequenting the area is never attained; that the City's proposed widening of Gulf Stream Avenue is not desirable; that alternative solutions should be explored; that Mr. Compton's concepts, other than the one-way streets, would be welcomed; that a bridge to mid-island Longboat Key appears to be the long-term solution necessary to alleviate traffic problems. Commissioner Cardamone stated that the alternative plan proposed by Mr. Compton suggests a creative approach to solving traffic problems; however, one-way streets would diminish the small-town atmosphere of Sarasota; that creative, rather than global or comprehensive solutions, should be pursued; that the proposed motion is not supported; that hiring an outside consultant to provide an alternative to the City's plan is recommended; that other ways to improve the intersection of Gulf Stream Avenue and U.S. 41 should be explored; that pursuing construction of a bridge to Longboat Key would not be a realistic approach as several years are required to formulate plans and follow the MPO and FDOT funding processes; that immediate attention is necessary to address the current traffic problems. Vice Mayor Patterson stated that the Bayfront/Barrier Island Transportation Advisory Committee is requesting the Commission consider the alternative plan proposed by Mr. Compton, of which BOOK 45 Page 17846 11/16/98 6:00 P.M. BOOK 45 Page 17847 11/16/98 6:00 P.M. one-way streets are an integral part; that the concept of developing a U.S. 41 spur to extend Cocoanut Avenue from Gulf Stream Avenue to Bayfront Drive/U.S. 41 could be taken to the Engineering consultant currently employed by City if one-way streets are opposed by the Commission; that favorable consideration for hiring an outside consultant would depend on the cost of services; that implementing one-way streets Downtown is opposed as people tend to avoid areas where difficulties are encountered in locating places. Commissioner Cardamone stated that a consultant should be hired to review the Bayfront-Barrier Island traffic problems and suggest potential alternatives to the plans proposed by the City's Engineering Department and by Mr. Compton. Vice Mayor Patterson asked if the firm of Tindale-Oliver was hired to review potential traffic mitigation for the Ritz Carlton and Renaissance of Sarasota projects? City Manager Sollenberger stated yes; that the result may be the same; however, another expert could be hired to provide a second opinion on potential alternatives to mitigate traffic in the area. City Auditor and Clerk Robinson restated the motion as to: 1) receive the report of the Bayfront/Barrier Island Transportation Advisory Committee and 2) direct the Administration to take no further action on the New Gateway to the Theatre District Traffic Plan but to continue working with the Committee. On motion of Vice Mayor Patterson and second of Commissioner Pillot, it was moved to amend the motion by including direction for the Administration to consider hiring an additional Engineering consultant to suggest potential alternatives to address Bayfront traffic problems. Commissioner Pillot stated that favorable consideration of an additional Engineering firm should not limit the function of the firm. Commissioner Merrill stated that although traffic concurrency requirements must be met, much latitude is available for options to mitigate traffic at the intersection of Gulf Stream Avenue and U.S. 41; that pedestrian-friendly proposals are desired. Vice Mayor Patterson stated that Mr. Mohammed stressed the intent of the Engineering Department to work with the Bayfront/Barrier Island Transportation Advisory Committee. Commissioner Cardamone stated that hiring an outside Engineering firm should be done without prejudice; that both the City Engineering Department and the Bayfront/Barrier Island Transportation Advisory Committee should focus on alternative solutions for the Bayfront traffic problems. City Auditor and Clerk Robinson restated the motion to amend as to include direction for the Administration to consider hiring an additional Engineering consultant to suggest potential alternatives to address Bayfront traffic problems. Mayor Dupree called for a vote on the motion to amend. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yesi Dupree, yes. City Auditor and Clerk Robinson restated main motion as amended to: 1) receive the report of the Baytront/Barrier Island Transportation Advisory Committee, 2) direct the Administration to take no further action on the New Gateway to the Theatre District Traffic Plan but to continue working with the Committee, and 3) direct the Administration to consider hiring an additional Engineering consultant to suggest potential alternatives to address Bayfront traffic problems. Mayor Dupree called for a vote. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Commissioner Cardamone stated that a list of qualified Engineering firms exists; and asked if Engineering firms, not listed, may be used? City Manager Sollenberger stated yes. 19. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE AN APPEAL OF UNCONSTITUTIONALITY RULING APPLICABLE TO A PART OF THE CITY OF SARASOTA NOISE ORDINANCE TO THE CIRCUIT COURT OR SECOND DISTRICT COURT OF APPEALS, AS DEEMED APPROPRIATE BY THE CITY ATTORNEY - APPROVED (AGENDA ITEM VII-2) #3 (2224) through (2333) City Attorney Taylor stated that the Agenda materials contain the ruling on the matter of the City of Sarasota V. Arthur F. Daley; that the Honorable Barbara Briggs ruled a portion of Section 8-332.1, Noise, Zoning Code, unconatitutionally overbroad; that an appeal is being sought since the City of Sarasota appears not to be given serious attention in the County court system regarding regulations entered into the records; that a stand should be taken on City cases where the Judge invalidates a regulation while praising the good things which would be derived by the ordinance; that authorization for the City Attorney's Office to appeal the County Court decision to either the Circuit Court or the Second District Court of Appeals is requested. City Manager Sollenberger stated that the Administration recommends authorizing an appeal to the Circuit Court or Second BOOK 45 Page 17848 11/16/98 6:00 P.M. BOOK 45 Page 17849 11/16/98 6:00 P.M. District Court of Appeals as deemed appropriate by the City Attorney. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to authorize the City Attorney to appeal Judge Briggs' unconstitutionality ruling on the City's noise ordinance to the appropriate court. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. 20. NEW BUSINESS: APPROVAL RE: PROPOSAL TO REFUND THE OUTSTANDING WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1988A - APPROVED (AGENDA ITEM VIII-1) #3 (2361) through (2542) Gibson Mitchell, Director of Finance, came before the Commission and stated that approval is requested to proceed with refunding of $2,509,775 in outstanding callable Series 1988A Capital Appreciation Bonds Water and Sewer Revenue Bonds, which would nullify the series; that, initially, the estimated savings were valued at approximately $890,000 or 35 percent; however, based on an increase in interest rates, the estimated savings are valued at $860,000 or 34 percent; that the interest rates are predicted to fall again, therefore, approval is requested to proceed with the refunding. City Manager Sollenberger stated that the Administration recommends proceeding to issue approximately $2.745 million in Water and Sewer System Refunding Bonds, Series 1998. On motion of Commissioner Pillot and second of Commissioner Merrill, it was moved to proceed in issuing approximately $2.745 million in Water and Sewer System Refunding Bonds. Motion carried unanimously (5 to 0): : Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Mr. Mitchell stated that a resolution to authorize the issuance of the refunding bonds will be brought back to the Commission on December 3, 1998, at 6 p.m.; that a detailed resolution with information on the bond insurer, the escrow agent, etc., will be presented for adoption on December 7,1998, at 2 p.m.; that the bonds should be posted on December 16, 1998, and closed by December 30, 1998. 21. NEW BUSINESS: APPROVAL RE: PROPOSED EASEMENT FOR THE RENAISSANCE PROJECT STORMWATER DISCHARGE FROM THE STORM POND UNDER U.S. 41 AND THROUGH CITY PROPERTY (WEST OF U.S. 41) TO SARASOTA BAY - APPROVED (AGENDA ITEM VIII-2) #3 (2542) through (2860) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, and displayed a Site and Outfall Plan of the Renaissance of Sarasota project on the overhead projector; and stated that the Wynnton Group, Inc., is seeking to route the discharge from the storm pond at the proposed Renaissance of Sarasota project under U.S. 41, through City property west of U.S. 41 to the Sixth Street Lagoon area; that the proposed piping requires an easement from the City to the County as the piping will become a public line maintained by the Stormwater Environmental Utility; that the easement has a potential overlap to property leased by the City to the Florida West Coast Symphony, in a small area at the southern tip of the property adjacent to the Sixth Street Lagoon; that upon approval of the easement, a meeting will be scheduled with the Florida West Coast Symphony to discuss any possible concerns; that the line as presently proposed could be changed if necessary; that lines will be installed in the area; that the Renaissance of Sarasota group will be required to obtain a permit from the Department of Transportation to cross under U.S. 41, and will construct, pay for and dedicate the line to the City or the County. City Manager Sollenberger stated that the Administration recommends granting approval for the proposed easement, subject to working out details described by the City Engineer. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to approve the proposed easement, subject to working out details as described by the City Engineer. Commissioner Merrill asked if the line could be connected to the pond at the Garden Club? Mr. Daughters stated no; that meetings were held with representatives of the Garden Club, the Sarasota Convention and Visitors Bureau, and the County to discuss various alternatives proposed by the Wynnton Group; that the Garden Club strongly opposed a line going through the pond, based on a concern that additional water would adversely impact the serenity of the area. Commissioner Merrill stated that treated stormwater would improve the water quality of the Garden Club's pond. Mr. Daughters stated that the positive effects of the treated stormwater was brought to the attention of the Garden Club representatives; however, an enlargement of the channel called "Tuttle's Puddle" would also be required to handle the flow of water, which could disrupt the vegetation in the area. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yesi Patterson, yes; Pillot, yes; Dupree, yes. BOOK 45 Page 17850 11/16/98 6:00 P.M. BOOK 45 Page 17851 11/16/98 6:00 P.M. 22. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE JOINT PROJECT AGREEMENT BETWEEN SARASOTA COUNTY, THE CITY OF SARASOTA, AND MANDARIN PARK ASSOCIATES, INC. PERTAINING TO INSTALLATION OF DRAINAGE FACILITIES TO ALLEVIATE DRAINAGE PROBLEMS AT THE EAST END OF LOMA LINDA STREET APPROVED (AGENDA ITEM VIII-3) #3 (2863) through (3477) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, referred to a map of the Mandarin Park subdivision displayed on the overhead projector, and stated that flooding on the east end of Loma Linda Street is common; that funding for a project to alleviate the flooding problems in the Loma Linda Street area is budgeted under the 1999 Stormwater Environmental Utility (SEU) Capital Improvement Program; that Mandarin Park Associates, Inc., as developer, agreed to install drainage facilities on Loma Linda Street in conjunction with construction of the Mandarin Park subdivision; that the County agreed to reimburse the developer through the SEU for the drainage work, the majority of which has been completed; that a joint project agreement between the County, the City, and Mandarin Park Associates, Inc., which outlines the scope of services and reimbursement schedule, has been prepared; that the City initiated the project and can withhold occupancy permits for the Mandarin Park subdivision if the developer fails to install all required drainage facilities on Loma Linda Street. Commissioner Cardamone asked if the proposed project will alleviate problems experienced on properties which experience considerable yard flooding north of Bahia Vista Street between Pomelo and Osprey Avenues as well as on Loma Linda Street? Mr. Daughters stated yes; that stormwater would build up on Loma Linda Street and flow across Bahia Vista Street to the properties referenced; that the drainage facilities being installed will prevent flooding up to a 25-year storm event. Vice Mayor Patterson asked if installation of the drainage facilities is required to prevent Eurther flooding from construction of the subdivision? Mr. Daughters stated no; that the drainage facilities will address an existing problem on Loma Linda Street; that stormwater runoff from the Mandarin Park subdivision, the Walgreens development, and the proposed expansion to the south of the Walgreens site will be handled by three separate systems and ultimately tie into the State highway drainage facilities. Vice Mayor Patterson stated that the County is mandating project construction to a 100-year storm event to prevent structural flooding; and asked if the City is mandating the same? Mr. Daughters stated no; that the City requires compliance with a 25-year storm event. Vice Mayor Patterson stated that the City has experienced three or four 100-year storm events in the past ten years; and asked why the City's requirement is not consistent with the County's requirement? Mr. Daughters stated that the difference between a 25-year and 100-year storm event is not as great as the numbers suggest; that a 100-year storm event does not produce four times the amount of water as a 25-year storm event; that Staff is currently updating the Engineering Design Criteria Manual (EDCM) ; that a 100-year storm event could be mandated for the City; however, more restrictive stormwater drainage requirements significantly increase the cost of constructing infrastructure. Vice Mayor Patterson stated that flooding problems exist in several areas of the City because of less restrictive drainage facility requirements; that other expenses assessed against homeowners to mitigate the flooding problems are a consequence; that additional construction will likely increase flooding; that the City and the County should have uniform requirements. City Manager Sollenberger stated that much of the construction in the County is occurring in undeveloped areas where drainage facilities to comply with a 100-year storm event can be easily installed; that the expense to install more restrictive drainage facilities in the City would be much greater as surrounding properties are developed and retrofitting is required. Vice Mayor Patterson stated that consideration should be given to applying more restrictive requirements on undeveloped properties in the City. Mr. Daughters stated that the Mandarin Park subdivision, by County standards, is considered a small site; that the County does not expend substantial time and effort reviewing 5- or 10-acre sites but focuses more on 200-acre-plus sites; that, in effect, the City's requirements are more stringent as Staff reviews all construction sites to ensure developers comply with the 25-year storm event requirements. Vice Mayor Patterson stated that non-compliance to the 100-year storm event requirement by the County is implied. Commissioner Merrill stated that the Southwest Florida Water Management District (SWFWMD) regulates County compliance. BOOK 45 Page 17852 11/16/98 6:00 P.M. BOOK 45 Page 17853 11/16/98 6:00 P.M. Mr. Daughters stated that the SWFWMD provides many exemptions for smaller sites. City Manager Sollenberger stated that the Administration recommends authorizing the Mayor to sign and the City Auditor and Clerk to attest the Mayor's signature on the joint project agreement. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to: 1) authorize the Mayor to sign the Joint Agreement for Public Drainage System Construction by Private Developer, between Sarasota County, the City of Sarasota, and Mandarin Park Associates, Inc., and 2) authorize the Mayor and City Auditor and Clerk to execute the Agreement. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Commissioner Cardamone stated that a discussion of the 25-year versus 100-year storm event requirements should be scheduled with the Commission during the update process of the EDCM; that knowledge of the advantages and disadvantages of development and/or redevelopment requirements are desired. 23. BOARD APPOINTMENTS: APPOINTMENT RE: SARASOTA HOUSING AUTHORITY - REAPPOINTED DANNIE FRAZIER AND JANE GROSSMAN (AGENDA ITEM IX-1) #3 (0476) through #4 (0636) City Auditor and Clerk Robinson stated that the terms held by Dannie Frazier, Jane Grossman, and Gary Hoyt expire in November; that Ms. Frazier and Ms. Grossman are eligible and have expressed an interest in reappointment; that Mr. Hoyt does not wish to be reappointed; that members are appointed to the Sarasota Housing Authority (SHA) Board by the Mayor and confirmed by the Commission. Mayor Dupree nominated Dannie Frazier and Jane Grossman for reappointment to the SHA Board; and stated that the Commission's support is requested. On motion of Commissioner Pillot and second of Vice Mayor Patterson, it was moved to affirm the reappointments of Dannie Frazier and Jane Grossman to the SHA Board. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Mayor Dupree stated that the following six people have submitted applications and are interested in filling the seat vacated by Gary Hoyt: Donald Jones, Wallace Murray, Jacquelyn Paulk, Cynthia Porter, John Rivers, and Michael Ugwueke. Mayor Dupree requested Commission support for the appointment of John Rivers, a life-long civic leader, who advocates the best interests of tenants and residents and the highest standards in public housing, to the SHA Board. Hearing no motion to confirm the appointment of John Rivers, Mayor Dupree requested Commission support for the appointment of Wallace Murray, who has previous experience serving on the SHA Board. Hearing no motion to confirm the appointment of Wallace Murray, Mayor Dupree requested Commission support for the appointment of Jacquelyn Paulk to the SHA Board. Hearing no motion to confirm the appointment of Jacquelyn Paulk, Mayor Dupree stated that no other names will be submitted for appointment to the SHA Board at this time. City Auditor and Clerk stated that an item for appointment to the SHA Board will be placed on the December 7, 1998, regular Commission meeting Agenda. Commissioner Pillot stated that the appointments submitted by the Mayor are well-respected; however, personal convictions lead to support for a person with no pre-conceived knowledge of past controversies at the SHA; that the appointment of Jacquelyn Paulk was not supported because the application was received too late to review her qualifications and interests; that the appointments of John Rivers and Wallace Murray were not supported as he believes a candidate who possess both qualifications and motivation as well as a fresh perspective on issues should be pursued to handle the long-standing problems at the SHA. Vice Mayor Patterson stated that although her tenure on the Commission has come to an end, Commissioner Pillot's convictions are shared; that the Mayor's third choice, Jacquelyn Paulk, could have been supported had the application been received in time to review her qualifications. Commissioner Cardamone stated that Commissioner Pillot's convictions are shared. Mayor Dupree stated that a person with experience in communicating with and directing people is necessary; that finding a person who is interested in serving but has no knowledge of past problems at the SHA will be a difficult task; that no apologies are made for the appointments submitted. 24. BOARD APPOINTMENTS: APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL BOARD REAPPOINTED JOE ANGELERI; APPOINTED ERNEST RICE (AGENDA ITEM IX-2) BOOK 45 Page 17854 11/16/98 6:00 P.M. BOOK 45 Page 17855 11/16/98 6:00 P.M. #4 (0232) through (0476) City Auditor and Clerk Robinson stated that the term of the seat held by Joe Angeleri expires in November 1998; that Mr. Angeleri has expressed an interest in reappointment; that a vacancy created by the resignation of Glenda Williams whose term expires in November 2000 also exists. On motion of Vice Mayor Patterson and second of Commissioner Pillot, it was moved to reappoint Joe Angeleri. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Commissioner Pillot nominated Ernest Rice; and stated that Mr. Rice has been involved in major activities at the Van Wezel Performing Arts Hall (VWPAH), including substantial fund-raising activities; that Mr. Rice's interest in and support of the VWPAH has been demonstrated over many years; that Mr. Rice has worked closely with Harvey Rothenberg, member of the VWPAH Board, in raising the approximately $2 million in private donations to the VWPAH renovation project received to date; that appointment of Mr. Rice would provide greater communication through his participation in the VWPAH Board for the next two years, by which time the fund-raising activities may be concluded; that Mr. Rice is interested in working with the VWPAH Board to continue fund raising and working towards other improvements at the VWPAH. Mayor Dupree nominated Henry Battie; and stated that Mr. Battie has demonstrated an interest in the community; that recommendations in support of Mr. Battie have been received. Vice Mayor Patterson stated that support will be offered Mr. Rice; however, Mr. Battie is well known and is a wonderful member of the community and would be an asset to the VWPAH Board; that $2 to $3 million must be raised for the VWPAH renovation project; that the fund-raising capabilities and abilities of Mr. Rice are recognized; that the VWPAH requires such skills at this time; that the hope is Mr. Battie will be considered for the next vacancy. Commissioner Pillot stated that Mr. Battie is known as a good friend; that his establishment of Cravats' Custom Shirts and Clothiers has been visited on a number of occasions; that excellent products and service are provided; that utilizing the skills, talents, and good citizenship of Mr. Battie would be beneficial to the City. Mayor Dupree called for a vote on the nominations. Mr. Rice received four votes: Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Dupree announced the appointment of Ernest Rice to the Van Wezel Performing Arts Hall Board. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (0636) through (0966) VICE MAYOR PATTERSON : A. stated that serving with the Commissioners and dealing with City affairs will be missed; that the hope is to continue in contact with all the Commissioners; that each Commissioner adds a unique perspective; that some regrets exist for having made the choice to run for a seat on the Sarasota Board of County Commissioners; that the new challenge will be enjoyed; however, the ties with the City will be maintained; that appreciation is extended to the Commissioners, each of whom works very hard for the City. B. stated that thanks were offered City Manager Sollenberger and City Auditor and Clerk Robinson at the reception held on November 13, 1998; that appreciation is also extended to City Attorney Taylor for the advice and counsel provided during her tenure on the Commission; that the manner in which the City Attorney has provided legal guidance is appreciated. C. requested that the Commissioners call if assistance at the County can be offered. COMMISSIONER MERRILL: A. stated that a sense of loss is always realized when a Commissioner leaves; that Vice Mayor Patterson has had an impact on the City's direction and will be particularly missed; that at the time of their mutual election, the neighborhood influence was being felt; that a shift in City politics occurred; that the hope is the neighborhood agenda will be carried to the County; that many County neighborhoods seek involvement in the planning process; that best wishes are extended. COMMISSIONER CARDAMONE: A. stated that the setting at the County's high dais will be entirely different; that the closeness of the City Commission Chambers may be missed; that much luck in handling the format and style of operation is offered; that one proposed challenge is to reduce the height of BOOK 45 Page 17856 11/16/98 6:00 P.M. BOOK 45 Page 17857 11/16/98 6:00 P.M. the County's dais; that the State's Government-in-the-Sunshine Laws have been a handicap to discussion with Vice Mayor Patterson during their mutual service on the City Commission; that the perspective of Vice Mayor Patterson will be more easily obtained in the future; that Vice Mayor Patterson will be missed. B. stated that a Board meeting of the Sarasota-Bradenton Metropolitan Planning Organization (MPO) is scheduled for November 23, 1998, for which she will be out of town; that Mayor Dupree will be attending in her place; that full City representation is required at the MPO Board meetings; and asked who will be attending in place of Vice Mayor Patterson? Commissioner Merrill stated that he will be in attendance at the November 23, 1998, MPO Board meeting. COMMISSIONER PILLOT: A. stated that four points are added to the remarks already made at the November 13, 1998, reception: 1) getting to know Vice Mayor Patterson and her husband during two foreign trips having nothing to do with City business was enjoyable, 2) no one has been more thorough or done more to benefit the City than Vice Mayor Patterson, 3) open discussions can now be held as the State's Government-in-the-Sunshine Laws will not apply, and 4) the County Commission's meetings will be enjoyed with Vice Mayor Patterson on the Sarasota Board of County Commissioners. B. stated that Jencie Davis is always in attendance at Commission meetings; that her presence is missed at this meeting; that Ms. Davis is ill; that sympathies are expressed. Mayor Dupree stated that Ms. Davis will be visited in his pastoral capacity. Vice Mayor Patterson stated that Elowers should be sent. City Auditor and Clerk Robinson stated that flowers will be sent. MAYOR DUPREE: : A. stated that the utmost respect is held for Vice Mayor Patterson; that Vice Mayor Patterson and her husband are wonderful people; that the thoroughness with which deliberations are approached is appreciated; that Vice Mayor Patterson will be missed but will take the expertise gained to benefit the Sarasota Board of County Commissioners. 26. OTHER MATTERS ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (0966) through (1125) CITY MANAGER SOLLENBERGER: A. stated that Vice Mayor Patterson has earned the respect of Staff for her thoroughness and dedication, is challenging, and has high expectations of Staff, which is for the better of represented constituents; that best wishes on behalf of the Staff are offered; that the opportunity to work with Vice Mayor Patterson, who has always been fair in her dealings, is appreciated; that the Sarasota Board of County Commissioners presents a new challenge. DEPUTY CITY MANAGER SCHNEIDER: A. stated that best wishes are extended to Vice Mayor Patterson in her future endeavors. CITY ATTORNEY TAYLOR: A. stated that best wishes are extended to Vice Mayor Patterson; that considerable personal attention is paid to the actions of the Sarasota Board of County Commissioners; that the citizens of the community will be pleased that Vice Mayor Patterson will be sitting on the Sarasota Board of County Commissioners. CITY AUDITOR AND CLERK ROBINSON: : A. stated that Vice Mayor Patterson was not known prior to her expression of interest in running for City Commissioner; that considerable respect for the speed with which issues were mastered was quickly gained; that Vice Mayor Patterson has worked extremely hard for the City with, for example, the Florida League of Cities and the Legislators on lobbying efforts such as the issue of the sales tax forgiveness on ticket sales for the Van Wezel Pertorming Arts Hall and the real estate taxes for the Ed Smith Stadium; that the friendship developed is appreciated and will continue. B. stated that a special Commission meeting for the selection of a replacement for the District No. 2 Commission seat is scheduled for November 17, 1998, at 1 p.m. BOOK 45 Page 17858 11/16/98 6:00 P.M. BOOK 45 Page 17859 11/16/98 6:00 P.M. 27. ADJOURN (AGENDA ITEM XII) #4 (1125) There being no further business, Mayor Dupree adjourned the regular meeting of November 16, 1998, at 11:15 p.m. rone luphie DEROME DUPREE MAYOR ATTEST: : BilWE Rabnaen BILLY EP-ROBINSON, CITY AUDITOR AND CLERK