BOOK 45 Page 17867 01/04/99 3:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 4, 1999, AT 3:00 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor David Merrill, Commissioners Mollie Cardamone, Albert Hogle, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 3:04 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. The Commission recessed into a special meeting of the Community Redevelopment Agency (CRA) at 3:05 p.m. and reconvened at 3:15 p.m. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0015) through (0060) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Please remove under Consent Agenda No. 1, Item No. III A-4, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Bobby Jones Golf Course Maintenance Agreement between the City of Sarasota and ISS International Services System, Inc., for landscaping operation at the City of Sarasota Sports Complex, per the request of Sports Facilities Manager Calhoon. B. Please remove under Consent Agenda No. 2, Item No. III B-2, Adoption Re: Proposed Resolution No. 99R-1148, appropriating $113,000.00 from the Unappropriated Fund Balance of the General Fund to fund expense incurred by Dooley & Mack Constructors/Forrestal Enterprises, Construction Managers for the Van Wezel Renovation Project, per the request of Finance Director Mitchell. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 2. APPROVAL OF MINUIES RE: MINUIES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 16, 1998, AT 2:30 P.M. APPROVED; MINUTES OF SPECIAL CITY COMMISSION MEETING OF DECEMBER 16, 1998, AT 3:00 P.M. APPROVED AS REVISED (AGENDA ITEMS I-1, -2) #1 (0060) through (0115) Mayor Dupree asked if the Commission had any changes to the minutes? Commissioner Cardamone referred to Draft Page 12 of the minutes of the December 16, 1998, 3:00 p.m. special Commission meeting and stated that the word "the" should precede the word "additional" and the word "City" should precede the word "taxes" in the following sentence: - citizens most often express fear of additional taxes. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to approve the minutes of the 2:30 p.m. special Commission meeting and approve the 3:00 p.m. special Commission meeting of December 16, 1998, as revised. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 3. BOARD ACTIONS: REPORT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL MEETING OF DECEMBER 2, 1998 - RECEIVED i AFFIRMED APPROVAL OF PETITION NOS. 98-SE-20 AND 98-PSD-P; APPROVED PETITION NO. 98-PSD-M (AGENDA ITEM II) #1 (0115) through (0254) Jane Robinson, Director of Planning and Development, came before the Commission and presented the following items from the Planning Board/Local Planning Agency's (PBLP) regular meeting of December 4, 1998: A. Petition Nos. 98-SE-20 and 98-PSD-P BOOK 45 Page 17868 01/04/99 3:00 P.M. BOOK 45 Page 17869 01/04/99 3:00 P.M. Ms. Robinson stated that Petition No. 98-SE-20 is a special exception request to permit construction of an ambulatory surgical center for the Center of Sight in the Office, Business and Professional (OPB) Zone District on property located at 2601 South Tamiami Trail; that Petition No. 98-PSD-P is the accompanying preliminary site and development plan; that the Sunnyside Motel currently operates on the site; that the PBLP found Petition Nos. 98-SE-20 and 98-PSD-P consistent with the Sarasota City Plan and in compliance with the City's Tree Protection Ordinance; that the PBLP approved Petition No. 98-PSD-P; and recommends Commission affirmation of the PBLP resolution approving the special exception request subject to access and right-of-way dedication issues as follows: Erect a "No Right Turn" sign on the : subject property. Provide an additional two-lane curb cut for ingress/egress to U.S. 41 approximately 30 feet north of the southern property line. Dedicate a 25- by 25-foot triangle of land at the intersection of South Tamiami Trail and Sunnyside Court. Dedicate a 20- by 20-foot triangle of land at the intersection of Sunnyside Court and Sunnyside Terrace. Review and comment by the Development Review Committee (DRC) concerning the revised site plan Ms. Robinson stated that the DRC reviewed the access created by the dedication of the two triangles of land and determined technical compliance with all applicable regulations. Commissioner Cardamone stated that the developer has worked with and received approval from neighbors for the construction of an ambulatory surgical center which should be reflected in the public record. Ms. Robinson stated that the developer worked with the neighbors; that one neighborhood issue concerned posting "no right turn into the neighborhood" sign, to which the developer agreed. On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to affirm PBLP approval of Petition No. 98-SE-20. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. B. Petition No. 98-PSD-M Ms. Robinson stated that Petition No. 98-PSD-M is a request for expansion of the Van Wezel Performing Arts Hall (VWPAH), a 6/500-square-root facility located in the Government Use (G) Zone District; that the expansion will increase the lobby size, stage floor, and existing offices to provide a facility with a total of 84,300 square feet; that the PBLP found Petition No. 98-PSD-M consistent with the Sarasota City Plan and the City's Tree Protection Ordinance and recommends Commission approval. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the preliminary and final site and development plan for Petition No. 98-PSD-M permitting the expansion of the Van Wezel Performing Arts Hall (VWPAH). Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yesi Pillot, yes; Dupree, yes. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, AND 3 - APPROVED, : ITEM NO. 4 = REMOVED (AGENDA ITEM III-A) #1 (0272) through (0295) 1. Approval Re: Tower Lease Agreement between the City of Sarasota and Bell South Mobility, Inc., to place a communications antenna on the Southgate Water Tower 2. Approval Re: Tower Lease Agreement between the City of Sarasota and Bell South Mobility, Inc., to place a communications antenna on the North Water Tower 3. Approval Re: Request for supplemental funding of administrative challenge of FDOT Ringling Replacement Bridge decision On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 3, inclusive. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. BOOK 45 Page 17870 01/04/99 3:00 P.M. BOOK 45 Page 17871 01/04/99 3:00 P.M. 5. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 99R-1147) - ADOPTED, ; ITEM NO. 2 (RESOLUTION NO. 99R-1148) - REMOVED i ITEM NO. 3 (ORDINANCE NO. 98-4090) ADOPTED WITH MODIFICATIONS AS RECOMMENDED BY THE CITY ATTORNEY'S OFFICE, : ITEM NO. 4 (ORDINANCE NO. 99-4098) = ADOPTED; ITEM NO. 5 (ORDINANCE NO. 99-4104) - ADOPTED; ITEM NO. 6 (ORDINANCE NO. 99-4107) - ADOPTED; ; ITEM NO. 7 (ORDINANCE NO. 99-4108) - ADOPTED (AGENDA ITEM II-B) #1(0295) through (1128) Commissioner Cardamone requested that Item No. 3 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 99R-1147, authorizing the submission of amended Local Housing Assistance Plans for the Sarasota State Housing Initiatives Partnership Program (SHIP); setting forth findings; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 99-4098, amending the Comprehensive Plan of the City of Sarasota, Florida (1989 Edition) by the adoption of the Small Scale Development Activity Amendment more fully described in Petition 98-PA-02, filed by C. Robert Buford; said Small Scale Development Activity Amendment consisting of an Amendment to Future Land Use Map 6 creating a new Sub Area 3 out of property presently located in Sub Area 2; changing the designation of said new Sub Area 3 to an area eligible for Commercial and Residential Land Use and an area eligible for C-CBD Zoning; and an Amendment to the Generalized Future Land Use Map to change the designation of the area identified as Sub Area 3 from "Commercial Office" and "Residential" to "Commercial/Residential", stating various findings of fact concerning the adoption of this Small Scale Development Activity Amendment; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) (Petition No. 98-PA-02, Applicant Brenda Patten, Esquire, authorized agent for C. Robert Buford) 5. Adoption Re: Second reading of proposed Ordinance No. 99-4104, to rezone a 9.978 acre tract from RMF-5 Zone District to C-CBD Zone District to allow a 270 room hotel, accessory uses to a hotel and approximately 50 residential condominium units on a parcel of property bounded generally on the north by the development commonly known as the Sarasota Quay; on the south by Gulf Stream Avenue (S.R. 789) and First Street; on the east by North Tamiami Trail (U.S. 41), and on the west by Sunset Drive, a/k/a 111 North Tamiami Trail; approving Site Plan 98-SP-A, which has been proffered as a condition of this rezoning and includes the 9.978 acres tract being rezoned to the C- CBD Zone District and an additional tract, which remains zoned RMF-5, for a total of 11.27 acres depicted upon said site plan for the above described uses; more particularly described herein; providing for conditions of the rezoning; providing for the severability of the parts hereof; etc. (Title Only) (Application Nos. 98-CO-08 and 98-SP-A, Applicant Brenda Patten, Esquire, authorized agent for C. Robert Buford) 6. Adoption Re: Second reading of proposed Ordinance No. 99-4107, to rezone an approximate 1.53 acres from CN Zone District to C-CBD Zone District to allow construction of an office building to be known as Kane Plaza, a/k/a 1 S. School Avenue and 30 N. School Avenue; approving Development Plan 98-DPR-H which includes the 1.53 acres being rezoned to The C-CBD Zone District and additional property remaining zones C-CBD and CG, for a total of approximately 2.14 acres as depicted on said Development Plan; more particularly described herein; providing for conditions of the rezoning, etc. (Title Only) (Petition No. 98-CO-06, Applicant, Sarasota Family Young Men's Christian Association, Inc.). 7. Adoption Re: Second reading of proposed Ordinance No. 99-4108, amending Chapter 24, Personnel, Article II, Pensions, Division 2, Fire, of the Code of the City of Sarasota; providing in Sub-Section 24-29(c) for an effective date of the stated benefit change, deleting a non-effective eligibility date and deleting a reference to the benefit multiplier for clarification purposes; providing in Sub-Section 24-30 (b) for the numbering of paragraphs and adding a reference to a previous paragraph for clarification purposes; providing in section 24-31 for clarification of Federal Regulations; providing for severability of the BOOK 45 Page 17872 01/04/99 3:00 P.M. BOOK 45 Page 17873 01/04/99 3:00 P.M. parts hereof if declared invalid; providing for repeal of ordinances in conflict; etc. (Title Only) City Attorney Taylor stated that Item No. 5, proposed Ordinance No. 99-4104, concerns the rezoning of the 9.978 acre tract a/k/a the Ritz-Carlton property; that the approval process includes preparation of a Site and Development Plan, a Development Agreement and a Right-of-Way Use Agreement within 30 days; that Commission approval is requested to extend the deadline to 45 days, i.e., January 31, 1999; that Brenda Patten, Esquire, authorized agent for C. Robert Buford, property owner, has agreed to the time extension. Commissioner Pillot asked if Commission action other than a consensus is required? City Auditor and Clerk Robinson stated no; that a consensus can be noted in the public record. Mayor Dupree stated that a consensus has been reached to extend the deadline to 45 days, i.e., January 31, 1999. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 4, 5, 6 and 7. Mayor Dupree requested City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes. Commissioner Cardamone recognized C. Robert Buford, owner of the property on which the Ritz-Carlton project will be developed, who was present in the audience. 3. Adoption Re: Proposed Ordinance No. 98-4090, concerning vacating a portion of School Avenue north of Main Street and south of Fruitville Road by reducing the width of School Avenue from 80 feet to approximately 50 feet by vacating portions of School Avenue on the east and west sides thereof and to vacate the westerly 137.20 feet of the 80-foot wide Main Street right-of-way just east of the railroad tracks and south of Sarasota Lanes Bowling Alley; etc. (Title only) (Petition No. 98-SV-07, Applicant, Sarasota Family Young Men's Christian Association, Inc.). Commissioner Cardamone stated that Item No. 3 was removed for discussion due to problems concerning required easements for the vacated portion of School Avenue; that an explanation of the reasons for the problem is requested to expedite the processi; that information and a recommended solution is requested. Michael Connolly, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 98-4090 concerns a standard street vacation and was passed on first reading at the December 21, 1998, regular Commission meeting; that the requested street vacation is not impacted by the recently adopted Zoning Code (1998); that the proposed ordinance provides for the vacation of rights-ot-way effective upon second reading; that five items identified for resolution prior to second reading, the first of which is Item A, an easement to the City of Sarasota for utility purposes with regard to the vacated rights-of-way sO water and sewer lines need not be moved, which has been received for recording into the official record; that Items B, C, D, and E are requirements to obtain easements from the standard utility companies, i.e., Florida Power & Light (FPL), General Telephone Electric (GTE), Comcast Cablevision of West Florida, Inc., and TECO People's Gas System, Inc. (TECO); that an easement from the property owner on behalf of the utility company or written evidence indicating no facility exists in the area is required; that the requirements are typically obtained between first and second reading and normally take a few weeks to obtain; that Ordinance No. 99-4107, involving the rezoning of the property was adopted under Consent Agenda No. 1, Item No. III-A-6; that the Commission can also consider a non-standard, or conditional street vacation, whereby the effective date for the street vacation occurs at a future date avoiding the problem which developed in the late 1980s when the Commission approved an ordinance to vacate streets for the Mission Harbor property; that the property was not developed requiring reversal of the vacations; that a conditional street vacation uses the date of the second reading as the effective date of the ordinance; however, the street vacation does not become effective until other events occuri that for example, the street vacation for the proposed Ringling Spur will not be effective until two things occur: 1) the building permit is issued for the restaurant and 2) the City's placement of the building permit into the official records of Sarasota County; that proposed Ordinance No. 98-4090, a standard street vacation, could be modified at the Commission's request in which case instructions should be given to the City Attorney's Office to modify the ordinance indicating the ordinance will be effective on second reading; however, the street vacation will not be effective until BOOK 45 Page 17874 01/04/99 3:00 P.M. BOOK 45 Page 17875 01/04/99 3:00 P.M. notice of the issuance of the building permit is placed into the official records of Sarasota County. City Attorney Taylor stated that the City Attorney's Office is being placed in a difficult position; that proposed Ordinance No. 98-4090 was prepared in accordance with standard procedures for street vacations; that the proposed ordinance should not be presented for adoption at second reading in the absence of assuring all requirements have been met; that several issues require resolution; that the developer requested expedited processing; that a request would have been required earlier for the City Attorney's Office to prepare an ordinance which does not effectuate the street vacation until future events occur; that a good recommendation to the Commission is not known; that the proposed ordinance is presented in the proper form; that the City Attorney's Office normally would not request adoption of the ordinance until all the requirements are met; that the Administration should be given an opportunity for comment concerning proposed Ordinance No. 98-4090 as an alternative suggestion has not been presented; that a legal opinion is not required but rather administrative direction. Commissioner Pillot asked if a proper approach is for Commission approval of proposed Ordinance No. 98-4090 to become effective upon completion of certain requirements? Attorney Connolly stated yes, generally; however, an attorney representing dissenting property owners attended a public hearing at the December 21, 1998, regular Commission meeting for the first reading of proposed Ordinance No. 98-4090 and expressed displeasure which could mean potential future litigation. City Manager Sollenberger stated that the developer's request for non-standard handling of the proposed ordinance should be considered if the City is not placed in legal jeopardy; that the attorney for the petitioner is in the audience and may provide information for consideration by the Commission; that the Administration supports the suggestion to modify proposed Ordinance No. 98-4090 so the proposed ordinance will be effective on second reading; however, the street vacation will not be effective until notice of the issuance of the building permit is placed into the official records of Sarasota County. David Band and George Mazzarantani, Law Firm of Abel, Band, Russell, Collier, Pitchford & Gordon, 240 South Pineapple Avenue (34230), representing Y Associates, Inc., came before the Commission. Attorney Mazzarantani stated that the City Attorney's Office correctly stated that a conditional street vacation could be used specifically conditioning the vacation on obtaining easements from the standard utility companies of FPL, GTE, Comcast and TECO; that a logistical problem exists in obtaining the easements between the first and second readings of proposed Ordinance No. 98-4090; that the proposed modification is supported; that the street vacation will not become effective until notice of the issuance of the building permit is placed into the official records of Sarasota County. Attorney Band stated that the modification to proposed Ordinance No. 98-4090 is supported; that more time is necessary to obtain the easements from the large utility companies; that the approval of the proposed ordinance will allow continuation of the process to obtain the building permit. Commissioner Pillot stated that obtaining easements appears minor compared to the concerns raised by the City Attorney's Office regarding the possibility of future litigation by dissenting property owners who were represented by counsel at the December 21, 1998, regular Commission meeting. City Auditor and Clerk Robinson read the proposed Ordinance No. 98-4090 by title only. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to adopt proposed Ordinance No. 98-4090 with modifications as recommended by the City Attorney's Office with placement of the exact wording into the public record. Mayor Dupree asked if the dissenting neighbors at the December 21, 1998, regular Commission meeting would be prohibited from further appeals? Attorney Connolly stated no; that dissenting neighbors will continue to have the right to pursue legal remedies; that the recommended modifications are: The ordinance would continue to indicate that the effective date of the ordinance is the date of the second reading, i.e., January 4, 1999. BOOK 45 Page 17876 01/04/99 3:00 P.M. BOOK 45 Page 17877 01/04/99 3:00 P.M. The ordinance would be modified to provide that conditions 3-B through E of the proposed ordinance can be met after second reading. The effective date of the vacations would be the date upon which conditions 3-B through E of the proposed ordinance have been met and the date upon which the building permit has been issued. All matters will be finalized with the City Attorney's Office followed by recording of a notice in the official records of Sarasota County. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to adopt proposed Ordinance No. 98-4090, modified as articulated by the City Attorney's Office. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 6. UNFINISHED BUSINESS: APPROVAL RE: PROPOSED SPECIAL EXCEPTION APPLICATION NO. 98-SE-23, A REQUEST FOR A BANK DRIVE THROUGH FACILITY IN THE COMMERCIAL, CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT, AT 25 SOUTH LINKS AVENUE - POSTPONED TO AFTER AGENDA ITEM VIII-2 (AGENDA ITEM IV-1) #1 (1128 through (1153) City Manager Sollenberger stated that the Administration recommends postponing consideration of Special Exception Petition No. 98-SE-23 until the public hearing is held and Commission action is taken on proposed Ordinance No. 99-4105, which approves Petition No. 98-SV-08, the street vacation request associated with the Links Plaza development, and which is scheduled later in the Agenda. Mayor Dupree stated that hearing no objections, Agenda Item IV-1 is postponed until after the public hearing of Agenda Item VIII-2. 7. UNFINISHED BUSINESS: APPROVAL RE : REJECT ALL BIDS RECEIVED FOR THE INDIAN BEACH SAPPHIRE SHORES ASSOCIATION SHORELINE STABILIZATION PROJECT, ; AUTHORIZE THE TRANSFER OF $110,000 FROM THE BAYSHORE PROTECTION/SHORELINE RESTORATION FUNDING SOURCE TO THE INDIAN BEACH PROJECT; AND AUTHORIZE THE STAFF TO WORK WITH THE INDIAN BEACH/SAPPHIRE SHORES ASSOCIATION (IBSSA) TO DEVELOP ADDITIONAL CONCEPT PLANS FOR THE INDIAN BEACH PROJECT - APPROVED: 1) HOLDING THE BIDS OPEN FOR THE ALLOWED 120 DAYS FROM BID OPENING OR UNTIL THE MARCH 1, 1999, REGULAR COMMISSION MEETING, 2) AUTHORIZING THE TRANSFER OF $110,000 FROM THE BAYSHORE PROTECTION/SHORELINE RESTORATION FUNDING SOURCE TO THE INDIAN BEACH PROJECT, AND 3) AUTHORIZING STAFF TO WORK WITH THE IBSSA TO DEVELOP ADDITIONAL CONCEPT PLANS FOR THE INDIAN BEACH PROJECT (AGENDA ITEM IV-2) #1 (1153) through (1340) City Auditor and Clerk Robinson referred to a January 4, 1999, memorandum from Alexandra Hay, Assistant City Engineer, distributed with Changes to the Orders of the Day, indicating the Administration's recommendation is changed from rejecting all bids to holding bids open for the allowed 120 days from bid opening or until the March 1, 1999, regular Commission meeting. Ms. Hay came before the Commission and stated that the Indian Beach/Sapphire Shores Association (IBSSA) requested a shoreline stabilization project several years ago after storms damaged the shoreline; that $50,000 in capital funds was allocated, input solicited from the IBSSA, and a rock revetment project was designed and put out for bid; that during the bidding process, one contractor requested the addition of an alternative stabilization method; that although the alternative came in well above the low bid submitted, IBSSA was prompted to look for other stabilization alternatives and requested the Administration look at modifying the project; that the IBSSA would like other concept plans which will provide the necessary stabilization while maintaining more open beach area and a funding line in the Capital Improvement Program (CIP) for Bayshore Protection/ Shoreline Restoration projects; that funding was originally projected for the reconstruction of the shore around the new Ringling Causeway Bridge project; however, the Florida Department of Transportation (FDOT) has included the shore reconstruction in the bridge project plan; that the Administration would like to transfer $110,000 from the funding source to the Indian Beach project to allow the IBSSA a wider variety of project options; that if approved, the Administration will work with the IBSSA to develop a more desirable alternative to the rock revetment project; that the local bidder, Richard Lavois of Bayshore Construction, Inc., met with the City Staff and was concerned that the modifications which the IBSSA may decide upon may not require material or substantial changes to the original bid; that if SO, Bayshore Construction requests their bid remain open to still be considered the lowest BOOK 45 Page 17878 01/04/99 3:00 P.M. BOOK 45 Page 17879 01/04/99 3:00 P.M. responsible bidder; that Bayshore Construction, Inc., understands the City determines if the requested changes are material or substantial; that Staff recommends holding the bids open for the allowed 120 days from bid opening or until the March 1, 1999, regular Commission meeting. City Manager Sollenberger stated that the Administration recommends: 1) holding the bids open for the allowed 120 days from bid opening or until the March 1, 1999, regular Commission meeting, 2) authorizing the transfer of $110,000 from the Bayshore Protection/Shoreline Restoration funding source to the Indian Beach project, and 3) authorizing Staff to work with the IBSSA to develop additional concept plans for the Indian Beach project; that the project is an opportunity for an enhanced recreational area which rock revetment would not necessarily provide; that funding is available for shoreline protection. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to: 1) hold the bids open for the allowed 120 days from bid opening or until the March 1, 1999, regular Commission meeting, 2) authorize the transier of $110,000 from the Bayshore Protection/Shoreline Restoration funding source to the Indian Beach project, and 3) authorize staff to work with the Indian Beach/Sapphire Shores Association (IBSSA) to develop additional concept plans for the Indian Beach project. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Commissioner Pillot stated that the Commission recognizes Nora Patterson, former City Commissioner and Mayor and current Commissioner on the Sarasota Board of County Commissioners, and welcomes her presence in the audience. 8. NEW BUSINESS: APPROVAL RE: : PROPOSAL FOR CITY'S 1999 LEGISLATIVE PROGRAM APPROVED LEGISLATIVE ISSUES WITH: 1) ADDITION OF TRAFFIC CALMING AND SPEED BUMP ISSUES AND NUISANCE ABATEMENT LAW ISSUE AND 2) DELETION OF HANDICAPPED PARKING FEES AND PARTIAL YEAR AD VALOREM TAX ASSESSMENTS (AGENDA ITEM V-1) #1 (1340) through (2045) City Manager Sollenberger stated that the legislative delegation will hold the Annual Public Hearing to discuss the draft 1999 Legislative Program on January 14, 1999, at the Venice City Hall Council Chambers; that the Administration has compiled the following list of legislative items for Commission consideration: THE CITY Of SARASOTA SUPPORTS LEGISLATION - preserving local authority over telecommunications tax and opposing efforts to change. extending public records exemption of personal information. exempting law enforcement from Chapter 784.046, Florida Statutes, i.e., prevent an injunction from being issued at the request of a citizen against officers performing their lawful duties. repealing fuel adjustment charges exemption. substituting an expanding revenue source for cigarette taxes, i.e., municipal revenue sharing. approving grant funding for the Van Wezel Performing Arts Hall renovation through appropriations for cultural institution grants for operations and capital projects. granting continued funding of historic preservation special category grants. providing for Lido Beach protection funding by full adoption of the Florida Beach Erosion Control Program for the year 2000. Clarifying local government attorney/client privilege. requiring timely updates to the Housing Value data issued by the State Housing Incentives Partnership (SHIP). allowing local government the discretion to increase handicapped parking fines above $100. requiring timely updates to the Housing Value data issued by the State Housing Incentives Partnership (SHIP). THE CITY Of SARASOTA OPPOSES LEGISLATION increasing the length of the eminent domain process and, thus, the cost to taxpayers. BOOK 45 Page 17880 01/04/99 3:00 P.M. BOOK 45 Page 17881 01/04/99 3:00 P.M. City Manager Sollenberger stated that the legislative issue concerning handicapped parking fines has already been accomplished and can, therefore, be removed from the list. Commissioner Cardamone stated that an opportunity may have been missed to request legislative action on traffic calming and speed hump issues; and asked if legislative issues can be added to the list? City Attorney Taylor stated yes. Commissioner Cardamone stated that further improvements to the nuisance abatement laws should also be added to the legislative issue list; that language which would strengthen the laws is desirable. City Attorney Taylor stated that the issue of improvement to the nuisance abatement laws could be added to the list. Commissioner Cardamone stated that a concern is the Commission will not hold a Commission meeting to consider additions to the draft 1999 Legislative Program prior to the legislative delegation's public hearing scheduled on January 14, 1999. City Manager Sollenberger stated that the Administration and the City Attorney's Office can develop language for the additional legislative issue in accordance with the Commission's discussion for presentation at the January 14, 1999, public hearing. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to approve the proposed list of legislative items, modify as appropriate and approve the 1999 Legislative program adding the following items: a) traffic calming and speed hump issues and b) strengthening of nuisance abatement laws. Vice Mayor Merrill stated that the item concerning partial year ad valorem property tax assessments will not be supported; that presently approximately one-half of General Fund revenues comes from property taxes, while the other half comes from utility companies, franchise fees and water/sewer fees; and asked what percentage of General Fund revenues come from property taxes? Gibson Mitchell, Director, Finance Department, came before the Commission and stated that less than 30 percent of General Fund revenues comes from property taxes. Vice Mayor Merrill stated that 70 to 75 percent of the City's revenue comes from sources other than property taxes. Mr. Mitchell stated that the largest single source of revenue for the City is utility excise tax. Vice Mayor Merrill stated that only 30 percent of General Fund revenues come from property taxes; that a large portion of the property taxes are allocated to schools, the County, etc.; that the City has looked for ways to reduce development costs in the Cityi that the partial year ad valorem property tax assessment gains little for the City while adding a small, incremental burden for developers and is, therefore, not supported; that the City gains only about one-sixth of the total amount. City Manager Sollenberger stated that the ad valorem property tax assessment is not aimed specifically at the City but has Statewide application. Vice Mayor Merrill stated that the Commission's opinion is being sought as to the effect of a partial year ad valorem property tax assessment would have on the Cityi that the negative impact on the City offsets the minimal benefits gained. Mayor Dupree asked if the partial year ad valorem property tax assessment is in addition to currently imposed ad valorem tax assessments? Vice Mayor Merrill stated no; that current new construction sites would not be affected. On motion of Vice Mayor Merrill and second of Commissioner Hogle, it was moved to amend the motion to delete the legislative issue supporting partial year ad valorem property tax assessments from the suggested legislative issue list. Commissioner Cardamone asked if homebuyers can avoid paying full year taxes by not moving in until January 1 of the following year? Vice Mayor Merrill stated that taxes are based on near completion of the construction rather than on issuance of a certificate of occupancyi therefore, waiting to move into a home will not qualify as a reason to avoid payment of property taxes. Commissioner Cardamone stated that the motion to delete the legislative issue concerning partial year ad valorem property BOOK 45 Page 17882 01/04/99 3:00 P.M. BOOK 45 Page 17883 01/04/99 3:00 P.M. tax assessments is not supported; that support for a State initiative which prevents avoiding payment of property taxes is desirable; that assessing ad valorem taxes only on new homes in the City would be a detriment for the City; however, a Statewide assessment is supported; that developers should pay a fair share, both through impact fees and tax assessments. Vice Mayor Merrill stated that the Sarasota Chamber of Commerce Position Papers indicate opposition to the partial year ad valorem tax assessment. Commissioner Hogle asked if the proposed partial year ad valorem property tax assessment is a new tax or a change to the existing tax assessment? Vice Mayor Merrill stated that the proposed partial year ad valorem property tax assessment is a new way of implementing an existing tax. Commissioner Pillot stated that the proposed partial year ad valorem property tax assessment is not a new tax but simply determines when a new facility is placed on the tax roll to pay existing taxes; that many of Vice Mayor Merrill's points are valid; however, the greater logic is to support the tax assessment as City services are available on a newly constructed house prior to the issuance of a certificate of occupancy; that the motion to delete the partial year ad valorem tax assessment from the suggested legislative issues is not supported as the likelihood for discontinuance of homebuilding due to the tax assessment is minimal. Vice Mayor Merrill stated that 70 to 75 percent of the City's General Fund revenues come from sources other than ad valorem property tax assessments; that the impact for the City is not significant; however, the impact can be significant for builders of Downtown property such as a movie theater or a new condominium. Commissioner Cardamone stated that a 25 percent share of property taxes provides a significant amount of revenue in the City's budget. Mayor Dupree stated that partial year ad valorem property tax assessment will not be supported if development is discouraged in any part of the City. Commissioner Cardamone stated that the 25 percent share of property tax could amount to $10 million with City services being provided with no return; that the development community's unfavorable disposition toward a partial year ad valorem tax assessment is not understood; that the owner will pay the taxes owed for the remainder of the year upon occupancy, thus relieving the developer's obligation. Vice Mayor Merrill stated that the question remains whether any fee deters development; that a dollar tax will not deter development; however, $1 million will deter development; that at the December 21, 1998, regular Commission meeting, the Commission directed the City Attorney to prepare an amendment to Ordinance No. 94-3824 requiring a one-half of one percent of total construction cost contribution by developers to the Public Art Fund which is another example of a burdensome fee; that impact fees have been supported in the past; that developers pay a fair share of property taxes; that new development deters crime and reduces associated costs in the Downtown area; therefore, the partial year ad valorem property tax assessment is a source for receiving new taxes rather than equalizing payments; that a person moving into a new house in March pays 75 percent of taxes for the year and 100 percent the following year; that the amount of taxes collected through a partial year ad valorem property tax assessment may be small; however, the additional tax assessment will deter development when added to other taxes and impact fees. Mayor Dupree called for a vote on the motion to amend the main motion by deleting the legislative issue supporting partial year ad valorem property tax assessments from the suggested legislative issue list. Motion carried (3 to 2): Cardamone, no; Hogle, yes; Merrill, yes; Pillot, no; Dupree, yes. City Auditor and Clerk Robinson restated the main motion as to approve the 1999 Legislative program with the following changes: ADDITIONS TO THE LEGISLATIVE ISSUES LIST - Supporting traffic calming and speed hump issues Strengthening nuisance abatement laws DELETIONS FROM THE LEGISLATIVE ISSUES LIST - BOOK 45 Page 17884 01/04/99 3:00 P.M. BOOK 45 Page 17885 01/04/99 3:00 P.M. Allowing local government the discretion to increase handicapped parking fines above $100 as the issue has been resolved Providing for partial year ad valorem property tax assessment Commissioner Pillot stated that the main motion to approve the 1999 Legislative program will be supported; however, speed tables are favored over speed humps as speed deterrents; that the Commission previously approved replacing speed humps with speed tables; that a report from Administration on the progress of replacing speed humps with speed tables would be appreciated. Mayor Dupree called for a vote on the main motion as amended. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 9. NEW BUSINESS: APPROVAL RE: : AUTHORIZE THE ADMINISTRATION TO PURSUE SAND FROM BIG SARASOTA PASS AS A SAND SOURCE FOR THE INTERIM LIDO BEACH RESTORATION PROJECT AND REQUEST THE COUNTY COMMISSION TO AUTHORIZE THEIR COASTAL ADVISORY COMMITTEE TO REVIEW CITY'S DATA AND MAKE RECOMMENDATION ON THE USE OF BIG SARASOTA PASS SAND = APPROVED STUDY TO FIND ALTERNATIVE SAND SOURCE, EXCLUDING USE OF SAND FROM BIG SARASOTA PASS AND REVIEW OF THE CITY'S DATA BY THE SARASOTA COUNTY COASTAL ADVISORY COMMITTEE (AGENDA ITEM V-2) #1 (2045) through #2 (1281) Vice Mayor Merrill stated that the Commission has considered past proposals for a sand source for Lido Beach. Commissioner Cardamone agreed; and cited the following motion from the minutes of the December 6, 1993, regular Commission meeting: On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to authorize the Staff to meet with the Town of Longboat Key staff to resolve the three New Pass issues, to authorize the lobbying efforts to obtain the grant for the Lido Beach renourishment project, and to approve the two Inlet Management Plans prepared by Coastal Planning & Engineering, Inc deleting any proposed dredging from the Big Sarasota Pass shoal.. Motion carried (3 to 2): Atkins, noi Cardamone, yesi Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that the motion deleted plans to dredge sand from the Big Sarasota Pass shoal. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that restoration of the severely eroded southern third of Lido Beach is estimated to cost $6 million; that samples of sand taken from a shoal eight miles offshore from Lido Key are unattractively dark in color as is the sand used recently to replenish the beach on Lido Key; that approximately $2 million can be saved if the beach is restored with sand from the near-shore shoal extending from Lido Beach at Big Sarasota Pass; that approximately half of the savings would be realized by the City directly as a 50 percent grant is anticipated from the Florida Department of Environmental Protection (FDEP); that additionally, a 75 percent grant for regional projects could be obtained in lieu of the 50 percent grant by joining with another public entity, specifically Manatee County; that Manatee County proposes to renourish Anna Maria Island in the Year 2000 which would constitute a regional project; that the City and Manatee County could propose a regional beach restoration project for Lido Key and Anna Maria Island. Commissioner Cardamone asked if equipment, contracts and permitting are shared when joining with another public entity for a regional project? Mr. Daughters stated that equipment would be shared and one contract used for both the City and the County stipulating the various sand dredging sources; however, permitting would be accomplished separately; that the City's consultant, Coastal Planning and Engineering, Inc., is also the consultant for Manatee Countyi that Manatee County has a near-shore source for sand; that the City's project would also require a near-shore source for sand, e.g., Big Sarasota Pass shoal, to participate in the regional project as the same equipment could be used; that use of sand from an offshore shoal would require heavier equipment and a barge to haul sand from the deeper waters. Mr. Daughters continued that the quality and lighter color of the sand from the near-shore Big Sarasota Pass shoal is desirable in addition to the significant cost savings to the City; that the City of Venice had difficulties in attempting to obtain sand of the Big Sarasota Pass shoal; however, the BOOK 45 Page 17886 01/04/99 3:00 P.M. BOOK 45 Page 17887 01/04/99 3:00 P.M. quantity required for the southern third of Lido Beach is only about 400,000 cubic yards, or about 20 percent of the amount requested for the City of Venice. Mr. Daughters displayed on an easel a March 1998 aerial photograph showing Lido Key, Siesta Key and Big Sarasota Pass; and stated that the Big Sarasota Pass shoal has grown tremendously causing boats to reroute and avoid the shallow waters; that the Big Sarasota Pass shoal is sometimes referenced as a shoal off Lido Key; that the Big Sarasota Pass shoal may render the water unnavigable as the size continues to increase; that dredging sand from Big Sarasota Pass should have no impact such as erosion or quality of sand on Siesta Key or any other area; that Commission authorization is requested to study the possibilities for dredging sand from the Big Sarasota Pass shoal and to request the Sarasota Board of County Commissioners to authorize the Sarasota County Coastal Advisory Committee to review the City's data and make recommendations on the use of sand from the Big Sarasota Pass. Commissioner Pillot asked if the area proposed for renourishment is located in front of private property rather than on the public beach area? Mr. Daughters stated yes; however, the private ownership does not extend to the water's edge sO the beachfront would be available for public use. Commissioner Pillot asked if the homeowners and guests of the homeowners would be the primary beneficiaries of the new sand even though the public would have access to the water's edge? * Mr. Daughters stated yes. Commissioner Pillot asked the negative effect on the publicly- owned beach to the north if the renourishment is not performed. Mr. Daughters stated that the sand placed in the middle third of Lido Key will move more rapidly to the south if no sand is placed on the southern third of Lido Key and will move more slowly if new sand is placed on the southern third of Lido Key. Commissioner Pillot stated that a domino effect could occur from the City's public beach on Lido Key south to the end of Lido Key. Mr. Daughters stated that is correct. Commissioner Pillot asked the amount of sand proposed for renourishment on Lido Key and an estimate of the total supply of sand available from the Big Sarasota Pass shoal? Mr. Daughters stated that approximately 350,000 to 400,000 cubic yards of sand would be required from the shoal; that no exact figures concerning the amount of sand in the Big Sarasota Pass shoal are available; however, several million cubic yards of sand could exist if measurements were taken to depths of one- half mile. Commissioner Pillot stated that several million cubic yards could mean three to four million cubic yards; and asked if the requested amount of sand for dredging would be one-third of a million cubic yards? Mr. Daughters stated that the amount of sand will likely be more than one-third of a million cubic yards. Commissioner Pillot asked if the amount of sand requested would be less than ten percent of the available sand? Mr. Daughters stated yes. Commission Pillot referred to a memorandum dated December 28, 1998, from the Director of Engineering/City Engineer to the Mayor and the City Commissioners; and stated that the request is made to pursue sand, which is in contrast to the verbal request for a study; and asked if the request actually is for authorization to pursue a study of the effects of the possibilities of using the sand, including obtaining updated data on the possible negative effects on all interested parties? Mr. Daughters stated that is correct. Vice Mayor Merrill asked if the movement of sand process on Florida's west coast is readily understood? Mr. Daughters stated no. Vice Mayor Merrill stated that many areas on Florida's west coast appear to have lost significant amounts of sand; that long areas of rock revetment are seen on Casey Key, Siesta Key, Manasota Key and Boca Grande. Commissioner Cardamone stated that the amount of sand has increased at Crescent Beach and South Lido Park. BOOK 45 Page 17888 01/04/99 3:00 P.M. BOOK 45 Page 17889 01/04/99 3:00 P.M. Vice Mayor Merrill stated that the increased sand in certain areas is probably insignificant compared to the large revetment areas which have lost sand; and asked if the sand is apparently disappearing along Florida's west coast from Sarasota to Boca Grande, judging by the amount of shoreline hardening on the beaches? Mr. Daughters stated yes. Vice Mayor Merrill stated that dredging sand from near-shore shoals such as Big Sarasota Pass disrupts the sand supply which is in short supply as evidenced by the shoreline hardening on many beaches; and asked if dredging sand from a distant shoal would be more logical? Mr. Daughters stated yes; however, economic savings gained from dredging sand from the near-shore Big Sarasota Pass would be lost as well as the more desirable light-colored sand. Vice Mayor Merrill stated that the movement of sand is largely an unknown process; that removing sand from an area which seems to have an overabundant supply may cause new erosion problems downstream due to disruption in the cycles of the water; and asked if a savings of $2 million is worth the risk? Mr. Daughters stated that the concern is valid and is the reason for the request to conduct a study prior to dredging the sand from Big Sarasota Pass. Vice Mayor Merrill stated that many conferences on environmental issues have been attended; that a tremendous loss of sand in various local areas with no apparent contrasting build-up of sand in other areas has been noticed; and asked if the proposed study will result in increased knowledge of the movement of sand or the effects of global warming? Mr. Daughters stated that the study will take global wa: rming into account. Vice Mayor Merrill stated that the effects of global warming are not known; that last year was one of the warmest years on record; however, the trend is unknown for the future. Mr. Daughters stated that projections for continued global warming in the future would be taken into account; that a "worst case" scenario should be used for planning purposes; therefore, the City would benefit if the global warming ceases. Commissioner Cardamone stated that funding to replenish Lido Key sand was personally requested in March 1998 while in Washington, D.C., as a corner of one condominium in the southern portion of Lido Key was in the water; that the sand had naturally built up again by July 1998; that past experience indicates the sand comes and goes; that tampering with nature by installing rock revetments, etc., may cause more problems than allowing nature to take its course; that aiding beachfront property owners was started several years ago which led to continuous requests from property owners in areas where structures should not have been built in the first place; that the proposal by the United States Army Corps of Engineers (USACE) to change the designated pass from New Pass to Big Sarasota Pass should be discussed so a position can be taken by the City. Mr. Daughters stated that sand does come and go; however, the last thirteen years has been a continuous period of losing sand; that the City's failure to take action could have serious consequences, i.e., loss of beachfronts or roads; that questions regarding the USACE proposal can be answered following the public input. Commissioner Hogle asked if the City should consider New Pass as a source of sand? Mr. Daughters stated that New Pass was considered; however, the sand quality does not compare with the sand on Big Sarasota Pass. Commissioner Cardamone stated that the sand from New Pass is also shared with Longboat Key. Commissioner Pillot asked if archeological factors at New Pass had caused permitting difficulties in the past and would continue to present a problem? Mr. Daughters stated yes. Mayor Dupree asked the factors accounting for the color and texture of sand and if dark sand would lighten with time and direct sun exposure? Mr. Daughters stated that the original rock determines the color and texture of the sand; that sand at the shoreline is likely to lighten; however, not everyone agrees; that sand samples enclosed in a dark room were compared to exposed sand on Lido BOOK 45 Page 17890 01/04/99 3:00 P.M. BOOK 45 Page 17891 01/04/99 3:00 P.M. Key beach; that the exposed beach sand is only slightly lighter in color. The following people came before the Commission. Earl Roney, 5217 Shadowlawn Drive (34242), representing the Save Our Sand Coalition on Siesta Key, stated that $180,000 was spent to hire eminent scientists and legal firms to research a proposal to renourish Lido Beach five years ago; that the Commission rejected the request to dredge sand from Big Sarasota Pass at the December 6, 1993, regular Commission meeting; that no new scientific technology has been presented since 1993; that biased opinions could be presented by firms which would profit from the dredging; that a suggestion is to establish a new Save Our Sand committee, including scientists Dr. Robert Dolan, Professor of Coastal Geology, University of Virginia, and Dr. David Aubrey, a coastal geologist from Woods Hole, Massachusetts, to perform a comprehensive study at the State and Federal level including a review of the red tide and winds in the Sarasota Bay area; that such a study of the Big Sarasota Pass shoal and renourishment projects would be beneficial for everyone in the City and the County and could possibly gain national recognition; however, the Commission's reaffirmation of the vote of 1993 rejecting the use of sand from Big Sarasota Pass is requested. Rosie Turner, 5900 Midnight Pass Road, (34342), distributed copies of and read from a prepared statement, which includes observations of Dr. Andrew Link, a coastal geologist who appeared before the Commission at the December 6, 1993 regular Commission meeting; that in 1993 the Commission opposed the use of Big Sarasota Pass sand for beach renourishment; that the cientifically-flawed plan would have produced severe, long-term beach loss on Siesta Key which would have been very expensive to correct; that sands on the Florida's west coast are in a constant state of general movement to the south in equilibrium with currents, wind, waves, storm activity, sea level and sand supply; that a change in any of the factors results in a temporary or permanent change of the beach; that interference with sand by groins, jetties, dredged and artificially maintained passes deprives areas to the south of the interruption; that loss of beach on Lido Key and at Venice are examples of the consequences of artificially maintained passes such as New Pass and the jetties north of Venice; that a plan to use 350,000 to 400,000 cubic yards of Big Sarasota Pass sand to renourish the beach on Lido Key would repeat the mistakes made on Longboat Key and at New Pass which are the cause of the problems on Lido Key; that years of mismanagement of the coastline and ill-advised dredging of New Pass interrupting the north-to-south sand flow caused the loss of sand on Lido Beach; that renourishing Lido Key beaches with sand from Big Sarasota Pass is a temporary, expedient solution which will create a long-term, more expensive problem later for Siesta Keyi that the sand could easily be lost in one storm as experienced by Longboat Key following a 1993 renourishment project; that the justification for using Big Sarasota Pass sand to save $1.3 million is unequivocally wrongi that the costs and consequences on Siesta Key will far exceed the $1.3 million in temporary savings; that the plan is defined by the saying, "Penny-wise and pound foolish"; that sand on Big Sarasota Pass shoal belongs to Siesta Key from a geological perspective and should be left to move naturally onto Siesta Key; that the benefits of leaving the system alone are evidenced in the wide new beach in front of the rental units at the far north end of Siesta Beach; that the natural renourishment would not have occurred if Big Sarasota Pass sand had been dredged in 1993; that the renourishment of Longboat Key beaches using sand from a near-shore shoal was a $5 million disaster whereby sand disappeared in a few months; that sand later dredged from a distant offshore source not part of any southerly flow was more successful; that other advantages to the offshore sand are the coarser grain size and composition of a heavier mineral, which is longer-lasting and less transportable than the Big Sarasota Pass sand; that the Big Sarasota Pass shoal and Siesta Key are in equilibrium; that removal of sand from the shoal will cause problems on Siesta Key negating the $1.3 million saved; that an alternative offshore source of sand which is more expensive initially but will pay dividends and be much less expensive in the long term is available,i that a functioning system should not be used to apply a temporary patch to a broken system or both systems will break; that previously, the Commission recognized sending sand from Big Sarasota Pass sand to Venice was a bad idea; that even a reduced amount required for Lido Key is a bad idea, bad science and very bad public policyi that a January 2, 1999, Sarasota Herald-Tribune article mentioned Manatee County's plans to renourish Bradenton Beach using nearby shallow water sand; that without knowing the details, the plan appears to mimic the flawed plan used by Longboat Key in 1993 and will likely be an expensive failure; that Sarasota has an opportunity to demonstrate foresight and leadership by learning from the multiple mistakes of the past and applying sound geological principles in solving its coastal problems; that Sarasota could BOOK 45 Page 17892 01/04/99 3:00 P.M. BOOK 45 Page 17893 01/04/99 3:00 P.M. even take the lead in getting the much needed regional sand plan as suggested in the newspaper article; that the solution for Lido Key, based on statements by City Engineering Staff, is a sand source eight miles offshore in 35 feet of water, which is not part of any southerly transport system and which would add sand to the southerly transport system and increase the beach sand rather than merely shift sand from one place to another. Commissioner Pillot asked for clarification of the source and date of the report. Ms. Turner stated that the report is current, faxed January 4, 1999, from Dr. Andrew Link, a coastal geologist from Houston, Texas, who appeared before the Commission in 1993. Richard Shriner, 77 Sand Hook North (34242), representing Project Coastline, stated that he is a member and founding father of the advocacy group Solutions To Avoid Red Tide; that research was conducted and $1 million was brought to the Sarasota area for red tide studies; that knowledge of the red tide process is in the beginning stages; that many years of analysis will be required according to Drs. Dolan and Aubrey; that the shoal system in the Sarasota area works. Mr. Shriner referred to a memorandum dated August 8, 1998, from Dr. Robert Dolan which indicates that the problem is the coupling of Siesta Key and the Big Sarasota Pass shoal is sO direct that even a 10 percent error in the estimated amount of sand which can be removed could very easily lead to a significant response along Siesta Keyi and stated that the risks far exceed the benefits; that knowledge of the processes and sediment budget of Big Pass shoal and Siesta Key has not increased significantly since the 1994 review of sand-mining plans; that in 1994 the quantitative information base for the area was essentially zero; that the USACE took sediment samples from the shoal; however, the data was later brought into question; that, therefore, any engineer developing a plan to remove a significant volume of sand from Big Sarasota Pass shoal must be basing the plan on faith and perhaps experience, but not quantitative data analysis. Dr. Shriner stated that Drs. Dolan and Aubrey are the only coastal geologists of national fame who have studied the movement of sand; that the knowledge base is very preliminary; that the Big Sarasota Pass shoal should be studied formally and belongs to the sisterhood of communities; that ownership claimed by one community over another should cease; that ways should be found to work together; that Project Coastline is a group which proposes a comprehensive program and will gladly share ideas; that time and patience is necessary to study a potential sand source for the future. Gerald McDonald, 5780 Midnight Pass Road (34242), read from a prepared statement; and stated that Crescent Beach is one of Sarasota's most valuable assets and is the destination for thousands of beach lovers from all over the world including a large number from the Cityi that the Sarasota County Parks and Recreation Department has assumed a substantial on-going expense to rake and clean the beach which results in tourist and tax dollars; that Crescent Beach owes its very existence to the Big Sarasota Pass shoal; that numerous professional hydrological studies indicate disturbing Big Sarasota Pass shoal, even to a minor extent, places Crescent Beach in jeopardy; that removal of sand from any portion of the Big Sarasota Pass shoal could remove the keystone of a very fragile structure; that Sarasota County moved just a small quantity of sand at Midnight Pass and a natural disaster resulted; that the City could be held responsible and liable for the results of a similar disaster; that the residents of Siesta Key have nurtured Crescent Beach by leveraging natural processes, i.e., snow fences, sea oats and sea grape plantings and other environmentally-friendly measures; that the work was done without public funds; that the Federal Emergency Management Administration (FEMA), after computerized analyses of surveys of the beach before and after the work, reduced his condominium's flood insurance premium close to $30,000 per year, convincing proof of the solid success and understanding of the beach building processesi that the other Keys should do likewise instead of threatening to undo years of Siesta Key's careful efforts; that dredging sand from Big Sarasota Pass will not save money in the long run; that previously, the Save Our Sand Coalition raised about $200,000 and could do as well or better again; that a good proportion of funds was spent on expensive hydrological studies, which are available and ready for immediate use; that all the funds could be devoted to litigation; that in general, a public authority such as the Commission spends five or seven dollars for every dollar a private organization spends on such litigation; therefore, the City would be faced with hundreds of thousands of dollars in potential legal fees which would make the legal controversy over the John Ringling Causeway Bridge replacement look like a minor skirmish; that the cost will be further increased by the many years of project delays due to court BOOK 45 Page 17894 01/04/99 3:00 P.M. BOOK 45 Page 17895 01/04/99 3:00 P.M. appearances and numerous public hearings; that the Commission is beseeched to give the matter several second thoughts and work with Save Our Sand to preserve Sarasota and tranquility in the community. Jack Petrecca, 794 Treasure Boat Way (34242), read a prepared statement and stated that he is adamantly opposed to taking sand from the Big Sarasota Pass shoal off Siesta Keyi that most of the public does not understand dredging sand from Big Sarasota Pass is not a channel maintenance project, but rather a plan to borrow an enormous amount of material Close to the beach, the City's most valuable asset; that using the protective shoal for an underwater borrow pit is far from logical; that restoration of the Venice beaches with sand from miles off shore was much more prudent; that the statement made that a lot of the Siesta Key shoal probably came from Lido Key would be difficult to prove; that Vice Mayor Merrill stated that sand obtained from a few miles offshore instead of moving sand up and down the coast would provide benefit for the whole region and, therefore, should be pursued; that the cost difference of the two borrow sites would probably fund lawyer fees or be negated by study costs; that the indication that the City could save $1 million if the same dredging equipment is the same as used to renourish Bradenton Beach is confusing as the set-up costs of two borrow sites close together would not likely amount to $1 million; that the use of an anticipated 350,000 to 400,000 cubic yards could create an environmental nightmare; that the original permit for the Midnight Pass mistake was a mere 3,000 cubic yards; that the City should clearly indicate the renourishment project is totally separate from the possible use of Big Pass as an official channel for the Intercoastal Waterway and is very similar to the original "sand-grab" attempted by Venice. Shelley Lederman, 1805 Jasmine Drive (34239), representing the South Lido Coalition, stated that Staff's efforts in the beach renourishment project are appreciated; that renourishment is an ongoing project among other projects planned along Florida's west coast for which State funds have been dedicated; that personal observation of Lido Key sand movement for 15 years indicates the present situation is much worse than fluctuations of the previous 14 years, perhaps due to a series of "non- storms" over the past year; that the southern tip of Lido Key is growing at a rate which may eventually link Lido Key to Siesta Key; that the Commission is requested to authorize Staff to proceed with a full scientific study performed by experts appointed by the City rather than any interested group; that time is of the essence; that the hope is to complete the study by the Year 2000; that claims to ownership of sand by any Key should not be an issue. Commissioner Cardamone stated that unbiased opinions on the issue of beach renourishment are very difficult to obtain in the State of Florida. James Olson, 132 Sand Dollar Lane (34242), came before the Commission, distributed copies of the following: 1) a memorandum dated December 5, 1998, from Frank Wallace, President, Siesta Key Association, to the City Commission; 2) a memorandum dated August 4, 1998 from Dr. Dolan to Dr. Shriner; and 3) a memorandum dated December 5, 1998, from Frank Wallace to the Sarasota Board of County Commissioners and stated that past Commission support is appreciated; that a reaffirmation of the Commission's 1993 vote rejecting the use of sand from Big Sarasota Pass is requested; that time and money should not be spent to remove sand from Big Sarasota Pass which has never been dredged; that experts have said irreversible errors could result. Cynthia Scheider, 4105 Shell Road (34242), asked if Lido Key has had sand replenished in the past from any source and, if SO, what happened to the source? Mr. Daughters stated that sand from New Pass has been used several times to replenish the beaches of Lido Key; however, according to the USACE, the sand does not stay on the beach for any length of time; therefore, using sand from New Pass may not be allowed in the future; that the sand which was taken from a shoal six miles offshore for the middle third of Lido Key is disappearing. Ms. Scheider stated that the shoal is viewed from her home adjacent to Big Sarasota Pass; that the sand on the beachfront has recently experienced substantial erosion; therefore, removal of the shoal would cause waves to hit the shore directly and cause further damage; that nature should be left alone; and asked if reasons for the erosion are known? Mr. Daughter stated that the reasons for erosion on the beachfront area of Big Sarasota Pass is not known at this time. Chuck Fleischer, 5790 Midnight Pass Road (34242), President, Gulf and Bay Club on Siesta Key, referred to a January 2, 1999, BOOK 45 Page 17896 01/04/99 3:00 P.M. BOOK 45 Page 17897 01/04/99 3:00 P.M. article in the Sarasota Herald-Tribune which did not advise the public about the time of the Commission meeting on the subject of dredging sand from Big Sarasota Pass; and stated that notice of the meeting would have prompted attendance by many more dissenting homeowners on Siesta Key; that five years ago the Gulf and Bay Club hosted a town meeting attended by over 150 people; that hostilities erupted between neighbors; that new hostilities between the residents of Lido Key and Siesta Key will erupt again if the study is conducted involving the potential of dredging sand from Big Sarasota Pass; that the shoal provides protection from storms to the beachfront homes; that spending $1 million more to dredge from another sand source is not a great amount compared to protecting the beautiful beaches on Siesta Keyi that studies have already shown a damaging impact to Siesta Key, which was termed minimum" impact by the civil engineers who have ruling authority; therefore, new studies are both unnecessary and undesirable. Vice Mayor Merrill stated that duplication may occur if studies have already been conducted and should be considered in determining the merits of dredging sand from Big Sarasota Pass; and asked if the scientists involved in the 1993 study have been contacted and if new information has been received which might lead to reversing the previous vote of the Commission? Mr. Daughters stated that the Commission's reconsideration is requested to study the possibilities of dredging sand from Big Sarasota Pass; that new information concerns the possibility of saving $1 million and obtaining a quality, light-colored sand which would benefit the property owners and citizens of the Cityi that the only communications received from Dr. Andrew Link were brief letters; that insufficient qualitative and quantitative data and analysis has been received according to Dr. Dolan,i that consideration of the Big Sarasota Pass shoal sand will not be recommended if the study shows detrimental effects. City Manager Sollenberger stated that Staff's recommendation is supported but should be modified to assure all interested parties are included and points of conflict are identified; that a more regionalized approach is necessary before proceeding; that experts should be brought in early to examine the areas of agreement; that Commission authorization is requested for the Administration to work with Siesta Key's Save Our Sand Coalition to pursue a study of the effects of the use of sand from Big Sarasota Pass as the source for renourishment of the southern one-third of Lido Key; that authorization is also requested for review by the Sarasota County Coastal Advisory Committee. Commissioner Pillot stated that the South Lido Coalition should be added to the Administration's recommendation. City Manager Sollenberger agreed. On motion of Commissioner Pillot, it was moved to authorize the Administration to work with Siesta Key's Save Our Sand Coalition and the South Lido Key Coalition to pursue a study of the effects of using sand from Big Sarasota Pass as the source for renourishment of the southern one-third of Lido Key and to authorize review of the data results by the Sarasota County Coastal Advisory Committee. Motion died for lack of a second. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to authorize the Administration to initiate a study to find a source of sand to renourish the southern one-third of Lido Key, excluding sand from the Big Sarasota Pass shoal. Vice Mayor Merrill stated that erosion is apparent along the coast between Sarasota and Boca Grande; that some recovered sand may be found in Big Sarasota Pass; however, the amount is probably miniscule compared to the amount of lost sand of the whole area; that experts have made numerous mistakes in past studies which later proved disastrous; that after-the-fact explanations are simple; however, predictions are much more difficult due to variable of winds, tides, storms, and condition of the sand; that new, offshore sand is required rather than moving sand around within the same area; that an offshore source was used previously to renourish the middle one-third of Lido Key and, though more expensive, is the only viable solution; that a lesson learned from the previous manipulation of sand at Midnight Pass is that tampering with nature can cause detrimental effects in other areas. Commissioner Pillot stated that no harm can come from a study to include Big Sarasota Pass for a source of sand, other than political fallout; that his motion was intended to obtain factual data and not for political expediency. Vice Mayor Merrill stated that no study can be inclusive due to the impossibility of predicting sand movement; therefore, sand from Big Sarasota Pass was excluded in the motion; that past mistakes have always followed inclusive studies; that one BOOK 45 Page 17898 01/04/99 3:00 P.M. BOOK 45 Page 17899 01/04/99 3:00 P.M. factor, global warming, has fostered disagreement among experts around the world. Commissioner Cardamone stated that her position concerning sand has not changed; that tampering with nature to dredge sand from Big Sarasota Pass has always been opposed as reflected in statements from the December 6, 1993 regular Commission meeting as follows: Commissioner Cardamone stated that she has struggled to come up with a justifiable compromise which has been virtually impossible since Dr. Link presented his pertinent information; that she is opposed to fooling with mother nature and Big Sarasota Pass which has never been touched as reflected in the workshop minutes. Commissioner Cardamone stated that the big mistake in Florida and in other States was allowing construction too close to the beach; that once having made the mistake, the City feels obligated to protect the homeowners; that support cannot be given to removing sand from Big Sarasota Pass without knowledge of the net results; that support is not fully given to removing sand from the shoal eight miles offshore for the same reasons; that support is given to conducting a study to continue the search for a suitable sand source. Commissioner Hogle stated that the motion to conduct a study for a suitable sand source to renourish the southern one-third of Lido Key, excluding Big Sarasota Pass, is supported; that the scientific information obtained by the Save Our Sand Coalition should be distributed for Commission information. Commissioner Cardamone stated that no new information has been received since December 1993 when the use of sand from Big Sarasota Pass was rejected; that any new data will be inexact; that updated information has likely been forwarded to the Engineering Department; however, the reports probably contain biased opinions. Commissioner Pillot stated that removing sand without knowing the consequences is a bad idea; however, a study should be done to determine the effects of the use of sand from Big Sarasota Pass as a possible source for renourishment of the southern one- third of Lido Key. City Auditor and Clerk Robinson restated the motion as to: 1) authorize the Administration to initiate a study for a source of sand to renourish the southern one-third of Lido Key, excluding sand from the Big Sarasota Pass shoal and 2) request the Sarasota Board of County Commissioners to authorize the Sarasota County Coastal Advisory Committee to review City's data and make recommendations concerning the use of Big Sarasota Pass sand. Motion carried (4 to 1): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, no; Dupree, yes. The Commission recessed at 5:25 p.m. and reconvened at 6:02 p.m. 3. PRESENTATION RE: : EMPLOYEE OF THE MONTH FOR THE DECEMBER, 1998, CHERI R. POTTS, SENIOR CLERK, POLICE DEPARTMENT (AGENDA ITEM VII-1) #3 (0001) through (0319) Mayor Dupree requested that John Lewis, Chief of Police, Alan Woodle, Captain, and Cheri Potts, Senior Clerk, Sarasota Police Department, join him before the Commission. Captain Woodle stated that Ms. Potts, who has been employed with the Sarasota Police Department since November 1987, was reassigned to the Administrative Services Division in January 1998; that additional responsibility was accepted in coordinating the City Vehicle Seizure Program which involves interaction with outraged, insulting and disrespectful individuals; that tasks are performed in an outstanding manner through dedication, determination and loyalty to the Police Department; that some of Ms. Potts' duties also include working with the Records Unit, Crime Statistics Unit, Alarm Unit, Property and Evidence, Management and Information Systems, Fiscal Control, Parking Collections, Supply Services, Fleet Services and Building Maintenance; that proper removal of abandoned vehicles helps meet the City's goal of being an aesthetically and pleasing city; that Ms. Potts also assists in preparing the budget and compiling vital information about insufficient funds and vehicle forfeitures, which helps meet the City's goal of being a financially responsible city government providing high quality services and infrastructure. Captain Woodle continued that Ms. Potts also provides clerical support for the Nuisance Abatement Board on a voluntary basis which requires attending meetings after regular business hours; that the threat from hurricane Georges required unusual, complicated and potentially hazardous conditions which were handled in a professional manner. BOOK 45 Page 17900 01/04/99 3:00 P.M. BOOK 45 Page 17901 01/04/99 3:00 P.M. Captain Woodle further stated that Ms. Potts exemplifies a dedicated City employee who serves with excellence and pride while bringing life to the vision and goals of the City. Mayor Dupree presented Ms. Potts with a City-logo watch, a plaque, and a certificate as the December 1998 Employee of the Month in appreciation of her unique performance with the City of Sarasota and congratulated her for outstanding efforts. Ms. Potts recognized her husband, Richard, who was present in the audience; and stated that the Commission's recognition of her efforts is appreciated; that a great deal of support and assistance is provided by Chief Lewis and the employees who work in the Administrative Services Division. 4. PRESENTATION RE: : ADOPTION RE: : RESOLUTION NO. 99R-1149, HONORING ANNAMAE SANDEGREN BY NAMING THE FRONT LOBBY OF THE VAN WEZEL PERFORMING ARTS HALL THE "ANNAMAE SANDEGREN LOBBY, n IN RECOGNITION OF HER SIGNIFICANT CONTRIBUTIONS TO THE COMMUNITY AND / IN PARTICULAR, THE VAN WEZEL PERFORMING ARTS HALL; ETC. - ADOPTION OF RESOLUTION NO. 99R-1149 (AGENDA ITEM VII-2) #3 (0320) through (0640) Mayor Dupree requested that Michael Pender, Jr., Chairman, Van Wezel Foundation Executive Board, William Mitchell, Executive Director of Van Wezel Performing Arts Hall Board (VWPAH), and Steven and Ann Judd, daughter and son-in-law of Annamae Sandegren, join him before the Commission. Mayor Dupree read in its entirety proposed Resolution No. 99R-1149 recognizing the contributions of Annamae Sandegren by naming the front lobby of the VWPAH in her honor. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to adopt Resolution No. 99R-1149. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yes. Mayor Dupree presented Ms. Judd with a copy of Resolution No. 99R-1149. Ms. Judd stated that her mother was unable to attend the Commission meeting in person due to health conditions but was watching the presentation on television. Mr. Judd stated that Ms. Sandegren requested appreciation be extended for the Commission's recognition of her efforts. Mr. Mitchell stated that Ms. Sandegren has always been a wonderful friend of the VWPAH; that naming a part of the VWPAH in her honor is appropriate and a fitting gift for her 94th birthday. Mr. Pender stated that Ms. Sandegren is one of the co-founders of the Van Wezel Foundation Executive Board; that the currently seated Van Wezel Foundation Executive Board recommended the City honor Ms. Sandegren for her efforts; that the recognition is well-deserved. Mayor Dupree stated that Ms. Sandegren's efforts are greatly appreciated and thanked all the people coming forward to honor Ms. Sandegren. Commissioner Pillot requested that the cameras be focused on the Commission in order to send personal birthday greetings to an individual loved by everyone; and stated that making the motion to adopt a resolution honors and notifies people in the community and the supporters of the fine arts that Ms. Sandegren is "the" supporter of the VWPAH was a privilege. Mayor Dupree requested that City Auditor and Clerk Robinson 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. 5. PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 99-4102, AMENDING CHAPTER 11, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, PERTAINING TO THE ADOPTION OF STANDARD BUILDING CONSTRUCTION CODES; ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1996 EDITION; AND THE CITY OF SARASOTA LOCAL AMENDMENTS THERETO; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT, ; PROVIDING FOR THE SEVERABILITY OF BOOK 45 Page 17902 01/04/99 3:00 P.M. BOOK 45 Page 17903 01/04/99 3:00 P.M. PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE : PROVIDING FOR A PENALTY FOR VIOLATIONS; ETC. - PASSED ON FIRST READING (AGENDA ITEM VIII-1) #3 (0640) through (0784) David Waugh, Deputy Director of Building, Zoning and Code Enforcement, came before the Commission and stated that in October 1998 the Commission adopted Ordinance No. 98-4057 which adopted the 1997 versions of the Standard Building Code, the Mechanical Code, the Gas Code, and applicable local amendments, making reference to the National Electrical Code; that proposed Ordinance No. 99-4102 adopts the 1996 Edition of the National Electrical Code and the local amendments thereto; that no technical amendments are required, and the administrative amendments remain the same. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4102 by title only. City Manager Sollenberger stated that the Administration. recommends passing proposed Ordinance No. 99-4102 on first reading. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 99-4102 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Hogle, yes. 6. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4105, TO VACATE THE NORTHERLY PORTION OF THE RINGLING SPUR RIGHT-OF- WAY LOCATED NORTH OF THE SOUTHERN BOUNDARY OF THE TWENTY- FOOT WIDE ALLEY WHICH WILL PERMIT THE CONNECTION OF THE REMAINDER OF THE RINGLING SPUR RIGHT-OF-WAY TO LINKS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND TO VACATE THE SOUTHWESTERLY PORTION OF THE RINGLING SPUR RIGHT-OF-WAY LOCATED GENERALLY WESTERLY OF THE CENTER LINE OF THE RINGLING SPUR AND SOUTHERLY OF THE TWENTY-FOOT WIDE ALLEY WHICH WILL PERMIT THE CONNECTION OF THE REMAINDER OF THE RINGLING SPUR RIGHT-OF-WAY TO LINKS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND TO VACATE A FIFTEEN-FOOT WIDE ALLEY WITH ITS NORTHWESTERLY TERMINUS AT LINKS AVENUE RUNNING IN A SOUTHEASTERLY DIRECTION TO ITS TERMINATION AT RINGLING BOULEVARD, r AS MORE PARTICULARLY DESCRIBED HEREIN; ; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM VIII-2) AND 5. UNFINISHED BUSINESS: APPROVAL RE: : PROPOSED SPECIAL EXCEPTION APPLICATION NO. 98-SE-23, A REQUEST FOR A BANK DRIVE THROUGH FACILITY IN THE COMMERCIAL, CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT, AT 25 SOUTH LINKS AVENUE AFFIRMED PBLP RESOLUTION APPROVING THE SPECIAL EXCEPTION (AGENDA ITEM IV-1) #3 (0773) through (1265) Jane Robinson, Director of Planning and Development, Asim Mohammed, Assistant City Engineer, and Richard Walker, Senior Planner, came before the Commission. City Attorney Taylor stated that the public hearing is scheduled only for proposed Ordinance No. 99-4105, which approves Petition No. 98-SV-08, a street vacation request; that Petition No. 98-SE-23, the special exception request associated with the Links Plaza development, was postponed earlier in the meeting, is a quasi-judicial matter, and should be addressed at the close, not during the public hearing on proposed Ordinance No. 99-4105. Mr. Mohammed gave a computer-generated slide presentation to explain the proposed Links Plaza development and to identify the sections of the Ringling Spur right-of-way and a 15-foot-wide alley located between the 1900 blocks of Main Street and Ringling Boulevard as included in the street vacation request. Mr. Mohammed stated that Dr. Mark Kauffman, Irene Kauffman, and RGM Partners, as owners of real property contiguous to the rights- of-way to be vacated, plan to develop a 168-space parking garage, ,750-square-toot restaurant, 7,600 square feet of retail space, and 8,000 square feet of commercial space to be known as Links Plaza; that the City will receive real property to be developed as a pocket park to be known as Links Plaza Park; that traffic will be maintained in a one-way direction on the Ringling Spur. Mr. Mohammed continued that development of Links Plaza will turn an unattractive area into a useful public space, create additional amenities for public use, improve traffic circulation, and provide additional parking as well as pedestrian connection between the Downtown, the Justice Center and Towles Court; that vacating the rights-of-way as requested will have little impact on the Ringling Spur, which is primarily used for parking, will improve access and BOOK 45 Page 17904 01/04/99 3:00 P.M. BOOK 45 Page 17905 01/04/99 3:00 P.M. traffic circulation in the area, and will improve safety conditions. Mr. Walker stated that the application for Petition No. 98-SV-08 was filed in conjunction with Petition Nos. 98-SE-23 and 98-DPR- I on September 28, 1998; that Planning Department Staff and the Development Review Committee (DRC) reviewed, analyzed, and found Petition No. 98-SV-08 meets concurrency requirements, is consistent with the Sarasota City Plan, and complies with applicable regulations; that the PBLP public hearing on Petition No. 98-SV-06 was continued from November 4, 1998, to November 18, 1998, at which time the PBLP found the closing or discontinuation of the requested rights-of-way to be in the best interest of the City and recommended Commission approval of Petition No. 98-SV-08, subject to the following 19 conditions as listed in the PBLP minutes of November 18, 1998: a. A building permit is issued by the City of Sarasota for Links Plaza Office Building, pursuant to the agreement between Dr. Mark S. Kauffman, Irene Kauffman, and RGM Partners and the City of Sarasota, signed August 3, 1998. b. Approval by the City Commission of Petition Nos. 98-SE- 23 and 98-DPR-I for development of Links Plaza Office Building C. A 20-foot right-of-way for extending Main Avenue alley from Links Avenue to the 17-foot-wide Main Avenue alley is dedicated. d. These street vacations become effective when the City of Sarasota issues a building permit for Links Plaza Office Building. e. The City of Sarasota records a notice in the Official Records of Sarasota County that the building permit required by the August 3, 1998, agreement has been issued and that the street vacations are effective. f. After the notice of the effective date of the street vacations has been recorded in the Official Records of Sarasota County, the City Attorney's Office shall record in the Official Records of Sarasota County, all of the quit claim deeds granted by Dr. Mark S. Kauffman, Irene Kauffman, and RGM Partners, in accordance with the August 3, 1998 agreement. g. All new utility easements and all utilities required to be moved by the vacation of this street shall be the responsibility of the property owners receiving the vacated property. h. In the event utility facilities are located within the portion of the right-of-way to be vacated, an easement benefiting Comcast Cablevision will be necessary and will be recorded in the Official Records of Sarasota County, prior to the second reading of the street vacation ordinance for application 98-SV-08. i. In the event utility facilities are located within the portion of the right-of-way to be vacated, an easement benefiting GTE will be necessary and will be recorded in the Official Records of Sarasota County, prior to the second reading of the street vacation ordinance for application 98-SV-08. j. In the event utility facilities are located within the portion of the right-of-way to be vacated, an easement benefiting TECO, People's Gas will be necessary and will be recorded in the Official Records of Sarasota County, prior to the second reading of the street vacation ordinance for application 98-SV-08. k. In the event utility facilities are located within the portion of the right-of-way to be vacated, an easement benefiting Florida Power and Light, will be necessary and will be recorded in the Official Records of Sarasota County, prior to the second reading of the street vacation ordinance for application 98-SV-08. 1. Prior to the second reading of the street vacation ordinance, Dr. Mark S. Kauffman, Irene Kauffman, and RGM Partners, will determine if the proposed elevated walkway between 1900 Main Street and Links Plaza parking garage MAY be constructed. If sO, the applicant will notify the City of the location where air rights are required for only the construction of the elevated walkway. The location of the structural support easements will be approved in advance by the City Manager. BOOK 45 Page 17906 01/04/99 3:00 P.M. BOOK 45 Page 17907 01/04/99 3:00 P.M. m. Prior to the second reading of the street vacation ordinance, Dr. Mark S. Kauffman, Irene Kauffman, and RGM Partners, will provide the City of Sarasota with a fully executed quit claim deed dedicating the twenty foot wide right-of-way Main Avenue Alley extension, which will be held in escrow by the City Attorney's Office, pending issuance of a building permit for Links Plaza. n. Prior to the second reading of the street vacation ordinance, Dr. Mark S. Kauffman, Irene Kauffman, and RGM Partners will provide the City of Sarasota with a fully executed quit claim deed dedicating the proposed Links Plaza Park, which will be held in escrow by the City Attorney's Office, pending issuance of a building permit for Links Plaza. O. Prior to the second reading of the street vacation ordinance, Dr. Mark S. Kauffman, Irene Kauffman, and RGM Partners, will provide the City of Sarasota with a fully executed quit claim deed dedicating the W.T. Robarts Park expansion, which will be held in escrow by the City Attorney's Office, pending issuance of a building permit for Links Plaza. p. Prior to the second reading of the street vacation ordinance, the City of Sarasota will provide Dr. Mark S. Kauffman, Irene Kauffman, and RGM Partners, with a fully executed quit claim deed dedicating the Links Plaza driveway and all necessary footer easements, which will be held in escrow by the City Attorney's Office, pending issuance of a building permit for Links Plaza. q. The applicant will state on the site plan(s) and in the quit Claim deed of the 20 foot wide alley, referred to herein as Main Street Alley Extension, the vertical clearance of said twenty foot alley will be fourteen feet above grade, for its complete length. r. Approval by the City Commission of an amendment to the Agreement dated August 3, 1998 between the City of Sarasota and Mark S. Kauffman, Irene Kauffman and RGM Partners, which reflects the modifications made to Petition 98-SV-08 in terms of the amount of right-of way- proposed to be vacated and the potential loss of on-street public parking, prior to second reading of the street vacation ordinance. S. A technical review being performed by the Development Review Committee of the modifications to Petition 98- SV-08 to confirm that all technical code requirements have been met, prior to the second reading of the street vacation ordinance. Mayor Dupree opened the public hearing. The following person came before the Commission: Michael Furen, Law Firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main Street (34237), representing the Burquest Family, stated that the Burquest family, which owns and plans to pursue restoration of the historic Charles Ringling Building located at the Ringling Spur/Ringling Boulevard intersection, had concerns with the initial Links Plaza proposal which required reconfiguration of the sidewalk adjacent to their building; that a reasonable comprise was reached which protects his client's interests while affording Dr. Kauffman and the City the ability to proceed with a worthwhile project; that the Burquest family supports Petition No. 98-SV-08 as the Links Plaza proposal has been redesigned to retain the present width and configuration of the sidewalk. 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. 99-4105 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4105 on first reading. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 99-4105 on first reading. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Commissioner Cardamone stated that the Links Plaza development will be a fabulous addition to the Downtown and will compliment BOOK 45 Page 17908 01/04/99 3:00 P.M. BOOK 45 Page 17909 01/04/99 3:00 P.M. the planned restoration of the Charles Ringling Building; that the development of Links Plaza Park, where J. Hamilton Gillespie, a founder of golf in America, will be honored, is the most exciting feature of the proposal. Vice Mayor Merrill asked if the conceptual plan and funding for Links Plaza Park has been approved? City Manager Sollenberger stated yes. City Attorney Taylor stated that Commission action on Petition No. 98-SE-23 would be appropriate at this time. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to affirm the PBLP resolution approving Special Exception Petition No. 98-SE-23. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Pillot, yes; Hogle, yes. Mayor Dupree requested that City Attorney Taylor explain the quasi-judicial process. City Attorney Taylor stated that the quasi-judicial process will be followed for the public hearing on proposed Ordinance No. 99-4112, approving a rezoning request for property located at 1236 and 1240 Fourth Street; that the Commission will be required to base any decision on competent, substantial evidence submitted during the proceeding; that prior to opening the public hearing, Commissioners will be requested to disclose any ex-parte communications; that Applicants will have 15 minutes for a presentation and 5 minutes for rebuttal; that City Administration will have 10 minutes for a presentation and 3 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that citizens will have 5 minutes to speak; that speakers may request additional time, which, if granted, will be determined at the discretion of the Commission; that the Applicants, City Administration, and Affected Persons will be afforded the opportunity to present expert witnesses and to cross examine witnesses who provide testimony. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4112, TO REZONE REAL PROPERTY FROM THE RESIDENTIAL, MULTIPLE -1 FAMILY (RMF-5) ZONE DISTRICT TO THE THEATER AND ARTS DISTRICT (TAD) ZONE DISTRICT; SAID PROPERTY BEING LOCATED EAST OF U.S. 41, SOUTH OF FOURTH STREET AND NORTH OF FRUITVILLE ROAD, A/K/A 1236 AND 1240 FOURTH STREET, / AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF THE REZONING; ETC. (TITLE ONLY) (PETITION NO. 99-CO-01, APPLICANT TERRY MALONEY, AS CONTRACT PURCHASER AND AGENT FOR R. CRAIG ADAMS, r OWNER) - PASSED ON FIRST READING (AGENDA ITEM VIII-3) #3 (1265) through (2363) City Attorney Taylor stated that proposed Ordinance No. 99-4112 approves Petition No. 99-CO-01, a request to rezone from the Residential, Multiple-Family (RMF-5) to the Theater and Arts District (TAD) Zone District real property located at 1236 and 1240 Fourth Street. City Attorney Taylor continued that Commissioner Pillot previously requested review of a potential conflict of interest in voting on Ordinance No. 99-4112 as his son, Patrick Pillot, is a member of the Applicant's development team; that Chapter 112, Florida Statutes, which governs voting conflicts, prohibits a public officer from voting on a matter which may inure to the financial gain of a relative; that Patrick Pillot has already been paid by the Applicant for services rendered; that as no remuneration will pass from the Applicant to Commissioner Pillot's son as a result of the Commission's action, no conflict of interest exits. Commissioner Pillot stated that his abstaining from voting on the issue is not permitted under Florida law absent a conflict of interest. City Attorney Taylor stated that is correct. Mayor Dupree asked if any Commissioner had ex-parte communications to disclose? Commissioner Pillot declared ex-parte communications stating that Petition No. 99-C0-01 was discussed with Patrick Pillot on two separate occasions. City Attorney Taylor stated that one person has applied for certification as an Affected Person: Bruce Franklin. City Auditor and Clerk Robinson stated that Mr. Franklin is not in attendance; that the Office of the City Auditor and Clerk was notified earlier of Mr. Franklin's intent not to speak during the public hearing on proposed Ordinance No. 99-4112. Mayor Dupree opened the public hearing. BOOK 45 Page 17910 01/04/99 3:00 P.M. BOOK 45 Page 17911 01/04/99 3:00 P.M. Mayor Dupree requested that the Applicant for Petition No. 99-C0-01 come forward. William Brisson, AICP, President and Principal, Adley, Brisson, Engman, Inc.; Terry Maloney, as contract purchaser and agent for R. Craig Adams, owner; and Patrick Pillot, Architect, came before the Commission. Mr. Brisson stated that he has been a planner in the City of Sarasota for 27 years; that a full resume disclosing his qualifications was included in the Development Approval Application submitted for Petition No. 99-CO-01. Mr. Brisson stated that Petition No. 99-CO-01 was initially submitted prior to the adoption of Zoning Code (1998) and includes a site plan; however, the approval process under which the application is being considered does not require submittal of a site plan. Mr. Brisson continued that Petition No. 99-C0-01 is a request to rezone two lots on the south side of Fourth Street from the RMF-5 to the TAD Zone District; that a summary analysis referencing consistency with the 1989 Sarasota City Plan has been submitted; that the proposal meets the intent and purpose of the TAD Zone District, which is compatible with surrounding commercial land uses and is actually a classification less intensive than the current RMF-5 zoning; that increased activities and plans for redevelopment along U.S. 41 and in the general area surrounding the subject site prompted the rezoning request. Mayor Dupree requested that the appropriate Staff come forward to make the City's presentation. Jane Robinson, Director of Planning and Development, and Gerald Chapin, Senior Planner, Planning and Development Department, came before the Commission. Mr. Chapin stated that proposed Ordinance No. 99-4112 approves Petition No. 99-CO-01, a request to rezone from the RMF-5 to the TAD Zone District approximately 0.24 acres of property located at 1236 and 1240 Fourth Street; that the Applicant filed Petition No. 99-C0-01 on October 6, 1998, with a request for application review under Zoning Code (1998) criteria; that on November 24, 1998, the Development Review Committee (DRC) determined the proposal met the technical requirements of the Code; that a traffic analysis performed by the Engineering Department, which was based on the most intensive use permitted in the TAD Zone District, indicates the requested rezoning would have a de minimus impact on traffic; that on December 2, 1998, the PBLP found Petition No. 99-C0-01 consistent with the Sarasota City Plan and recommended Commission approval subject to conditions proffered by the Applicant limiting the uses permitted on site. Commissioner Cardamone requested clarification of the Applicant's ability to have the rezoning petition considered under criteria found in the new Zoning Code (1998) while using an Impact Management Area (IMA) designation which has been eliminated? Ms. Robinson stated that the petition is consistent with both the existing and the updated Sarasota City Plan, under which the TAD Zone Category is listed as one of the eligible zone districts for the subject area. City Attorney Taylor stated that the 1998 Sarasota City Plan has been approved by the City Commission and submitted to the Department of Community Affairs (DCA) for compliance review; that the 1989 Sarasota City Plan will remain in effect until the DCA completes the review process and issues a finding of compliance. Mayor Dupree asked if any citizens had signed up to speak? City Auditor and Clerk Robinson stated no. Mayor Dupree asked if the Applicant or City Staff had any questions or rebuttal? Mr. Brisson and Ms. Robinson indicated no. Mayor Dupree closed the public hearing. Commissioner Cardamone stated that development of an advertising agency is proposed; however, the ordinance provides for 48 permitted uses, including a dance and music studio, grocery store, or retail store, uses which may not be compatible with the surrounding residential neighborhood; that the PBLP minutes regarding Petition No. 99-CO-01 indicate concerns with the uses of the property were raised; and requested an overview of the PBLP's discussion regarding the proposed rezoning. Mr. Chapin stated that the PBLP reviewed and debated the various uses of the property proffered by the Applicant; that, for BOOK 45 Page 17912 01/04/99 3:00 P.M. BOOK 45 Page 17913 01/04/99 3:00 P.M. example, the subject site is too small to accommodate a traditional grocery store; however, a grocery store, envisioned as a 7-Eleven, was viewed as inappropriate whereas a boutique or specialty food store was viewed as appropriate; that no completely unacceptable uses were identified; that determining acceptable uses is a subjective processi that the PBLP expressed a desire to review the uses permitted in the various zone districts in a comprehensive manner to ensure compatibility with the 1998 Sarasota City Plan. City Attorney Taylor stated that Petition No. 99-C0-01 is the first development application filed for a rezoning under the new Zoning Code (1998), which provides the following: Section IV-1102(b) - An application may be accompanied by an offer to the City to impose special conditions (proffers) on the development of the property that is the subject matter of the application. Section IV-1106 = In reviewing the application of a rezoning the PBLP and City Commission shall consider the following: 1. in a non-use proffered rezoning, the PBLP and City Commission shall review the request considering the most intense use permitted in the requested zone district; Commissioner Cardamone stated that the subject property could be assembled with adjacent properties for development of a grocery store, which would be incompatible with surrounding residential uses and is of concern. City Attorney Taylor stated that a quasi-judicial proceeding is being conducted; that proposed Ordinance No. 99-4112 should be referred to the Administration for a report back on potential negative impacts if the intent of the Commission is to restrict the permitted uses currently listed. Commissioner Cardamone stated that the Commission encourages residency in and adjacent to the Downtown; and asked if the hours of operation or number of employees for the proposed uses could be limited? City Attorney Taylor stated that the Zoning Code (1998) does not provide for the Commission to arbitrarily impose conditions but provides for proffers from the Applicant to be accepted; that the Applicant has the opportunity to proffer uses and/or restrictions in an effort to prevent the petition from being denied. Ms. Robinson stated that the subject site is approximately 10,000 square feet; that expansion of the property for larger- scaled development would require submittal and adoption of a new rezoning petition; that permitted uses, specifically in the TAD and Commercial, Residential Transition (CRT) Zone Districts, will be reviewed closely for compatibility with the district intent set forth in the Sarasota City Plan; that Staff recommendations should be forthcoming within one year. Mr. Chapin stated that the traffic analysis was based on a restaurant use, which was viewed as the most intensive permitted use listed; however, the City could request submittal of a traffic circulation plan and require appropriate design modifications to ensure concurrency if a restaurant were to be constructed. Commissioner Pillot stated that many of the 48 uses listed would be feasible for development if two or more parcels are conjoined to the subject site in the future; however, submittal of separate rezoning petitions and approvals by the Commission would be required. Ms. Robinson stated that is correct; that the Commission and the PBLP would both review any future rezoning petitions. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4112 by title only. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4112 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes. 8. CITIZENS' INPUT CONCERNING CITY TOPICS - REFERRED ISSUE OF POTENTIAL HAZARDOUS CONTAMINANTS AT SUNLAND GARDENS CONDOMINIUMS AND BROOKSIDE MIDDLE SCHOOL TO THE ADMINISTRATION FOR MAXIMUM ACTION (AGENDA ITEM X) #3 (2364) through (3138) BOOK 45 Page 17914 01/04/99 3:00 P.M. BOOK 45 Page 17915 01/04/99 3:00 P.M. Janice Fletcher and Mary Lou Fletcher, 3751 South School Avenue, #15 (34239), came before the Commission and submitted for the record copies of a Toxicological Profile for Chlordane, and an article entitled "Pesticides and Human Health, which was published in the May/June 1994 edition of Medical Interview, and correspondence received from the Department of Environmental Protection (DEP); Environmental & Toxicology International; Toxicology International, Inc.; Agency for Toxic Substances & Disease Registry (ATSDR), U.S. Department of Health and Human Services, Division of Toxicology; and Legal Environmental Assistance Foundation (LEAF). Ms. J. Fletcher stated that testing of surface soil samples at Sunland Gardens Condominiums has revealed levels of toxic contamination in excess of Residential Soil Cleanup Target Levels (SCTLS) for four banned pesticides: chlordane, heptachlor, dieldrin and Dichlorodiphenyltrichloroethane (DDT); that trace concentrations of the environmental toxins were found at Brookside Middle School; that testing of her condominium also revealed the presence of similar environmental toxins; that upcoming construction planned for the expansion of Brookside Middle School could spread the toxins into other areas and within the school building; that cleanup efforts on the Sunland Gardens site could have negative effects on the students at Brookside Middle School. Ms. J. Fletcher continued that a citizens' petition has been requested from ATSDR, a Federal public health agency created to prevent exposure and adverse human health effects associated with exposure to hazardous substances present in the environment; that a change in zoning of the subject area from residential to business or commercial may be more appropriate and less costly than cleanup or remediation costs; that formation of an environmental task force to provide input to ATSDR and the DEP should be considered; that several local, State, and Federal agencies have been contacted, but fail to realize the significance of the situation; that Commission assistance and intervention is requested. Ms. J. Fletcher further stated that a Neurotoxicologist is being consulted; that a medical determination as to the extent of the permanent damage she has suffered as a result of exposure to the environmental toxins is expected later in the month. Ms. M. Fletcher stated that her family has lived in the Sarasota area for over 40 years; that several family members have been school teachers and are concerned about the children of Sarasota, elderly and chemically-sensitive residents who are being affected by the environmental toxins discovered; that one of the City's goals is to be a safe place for people; that unsafe conditions exist at Sunland Gardens Condominiums; that her husband, William Fletcher, was rushed to the emergency room recently; that she has been experiencing heart problems masking as ulcers; that a son and two other family members have become diabetic although diabetes is not a hereditary trait on either side of the family; that someone is responsible and should be held accountable for the health problems being suffered by her family. Ms. M. Fletcher continued that the Sunland Gardens Condominiums Association recommended that tenants sell their condominiums without disclosing the problems and not to leave a forwarding address; that selling to and placing an unsuspecting individual in a similar situation is unacceptable. Ms. J. Fletcher stated that Sunland Gardens Condominiums, which were constructed on a former orange grove site, are under the jurisdiction of the City of Sarasota; that a letter from DEP, who indicated an eminent hazard does not exist but that exposure to the toxins could cause long-term health effects and increased cancer risks, would allow the tenants not to disclose the problems, legally. Commissioner Pillot stated that Sunland Gardens Condominiums are located immediately to the east of the parking lot behind the Southgate Mall, and Brookside Middle School is immediately east of the condominium building in which the Fletchers reside? Ms. J. Fletcher stated that is correct. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to refer the issue of potential hazardous soil contaminants at Sunland Gardens Condominiums and Brookside Middle School to the Administration for maximum action the City may legally and justifiably take. Motion carried unanimously (5 to 0). Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Melanie Eckstein, 660 Golden Gate Point (34236), stated that living at Golden Gate Point offers a view of vehicular traffic on U.S. 41 and Gulf Stream Avenue; that large carrier-transport BOOK 45 Page 17916 01/04/99 3:00 P.M. BOOK 45 Page 17917 01/04/99 3:00 P.M. trucks are frequently seen delivering vehicles to residents on St. Armands Circle, Lido Beach, and Longboat Key; that a distribution point where individuals could pick up the vehicles should be established; that large carrier-transport trucks should not be travelling City streets to deliver vehicles to owners. Ms. Eckstein continued that visual obstructions and the speed of vehicles traveling on Main Street create unsafe conditions for pedestrians; that a dangerous situation is created when motorists attempt to back out of angle parking and oncoming traffic cannot be seen, for example, when a compact car parks next to a van. Ms. Eckstein further stated that vehicles often block intersections within the Downtown areas, which makes crossing the street difficult for pedestrians; that traffic signals are timed for short periods, not providing pedestrians sufficient time to cross the street; that stop signs are ignored, even by police officers; that her services are offered if the City wishes to pursue a "sting" operation to target offenders; that installation of a four-way stop sign at the intersection of Main Street and Gulf Stream Avenue is also suggested. Commissioner Cardamone stated that frequently committing minor, undetected infractions of the law leads to committing more serious crimes; that pedestrians should be protected in the City; that a dangerous situation exists as pedestrians attempt to cross Bahia Vista Street; that motorists pass through stop signs; that violators rarely are issued traffic citations; that enforcement efforts should be increased to target minor infractions which are occuring throughout the City. Mayor Dupree stated that pedestrians should be protected; that visual obstructions do exist which make backing out of the angled parking on Main Street difficult and dangerous. 9. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA ADMINISTRATION TO: 1) PREPARE A RESOLUTION RECOGNI: ZING THE PASSING OF JOHN SABA, FORMER CITY COMMISSIONER, 2) PROVIDE AN UPDATE ON BOAT MOORING AT A FUTURE COMMISSION MEETING, AND 3) PURSUE DONATION OF THE FEDERAL BUILDING LOCATED AT 111 SOUTH ORANGE AVENUE TO THE CITY (AGENDA ITEM XI) #3(3139) through (3549) COMMISSIONER CARDAMONE: A. requested that the Administration prepare a memorial resolution recognizing the December 23, 1998, passing of John Saba, former City Commissioner, who was a long- time citizen and a good friend to many. B. requested a status update on the issue of boat mooring in Sarasota Bay be provided at a Commission meeting in the near future. C. stated that commencing the Commission meeting in late afternoon in order to conclude the Agenda at an early evening hour worked well; that consideration should be given to scheduling regular Commission meetings in a similar fashion on a routine basis. Commissioner Merrill stated that scheduling the Monday night Commission meetings late in the afternoon on a regular basis is not supported. COMMISSIONER HOGLE : A. stated that SWAT/CNU Task Team Final Report, dated December 14, 1998, has been reviewed; that Sergeant Stanton and the entire Task Team did a wonderful job; that a memorandum providing a status update on the progress of the project should be provided to the Commission in six months to one year. Commissioner Cardamone stated that the rationale provided by the Task Team members when disagreeing with recommendations made in the McCarthy Report was professionally presented and appreciated. COMMISSIONER PILLOT: A. referred to a letter dated December 7, 1998, from the General Services Administration (GSA) to V. Peter Schneider, Deputy City Manager, regarding the relocation of the Social Security Administration (SSA) and potential donation of the Federal building to the City for municipal use; and stated that the cost to upgrade the building to provide adequate HVAC systems and elevator service to the second floor is estimated at $350,000; that the historic building is located close to BOOK 45 Page 17918 01/04/99 3:00 P.M. BOOK 45 Page 17919 01/04/99 3:00 P.M. City Hall; and requested Commission support for the Administration to pursue the matter. Mayor Dupree stated that there is Commission consensus for the Administration to pursue the donation of the Federal building located at 111 South Orange Avenue to the City. B. asked if the Commission has any meetings scheduled prior to the next regular City Commission meeting? City Auditor and Clerk Robinson stated no; that the next Commission meeting is a regular meeting scheduled on Tuesday, January 19, 1999. MAYOR DUPREE : A. stated that a telephone call was received earlier in the day from James Crews, Planner IV, Department of Community Affairs (DCA), in Tallahassee, acknowledging compliance of the 1998 Sarasota City Plan with State requirements and commenting favorably on the document; that Mr. Crews indicated the 1998 Sarasota City Plan will used as a model and shown to other state municipal governments; that commendation is extended to John Burg, Chief Planner, and other Staff members who assisted in the preparation of the 1998 Sarasota City Plan. B. stated that special commendation is also extended to William Hallisey, Director of Public Works, John Lewis, Chief of Police, and City Manager Sollenberger for efforts associated with establishing a reporting procedure and resolving street lighting and road repair issues. 10. ADJOURN (AGENDA ITEM XIII) #3 (3550) There being no further business, Mayor Dupree adjourned the regular meeting of January 4, 1999, at 7:30 p.m. hont Shyphu AJEROME DUPRE, MAYOR ATTESTIA 3LE Robenson BILLY E: CROBINSON, CITY AUDITOR AND CLERK i 9 a. BOOK 45 Page 17920 01/04/99 3:00 P.M.