MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 20, 2001, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City.of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE : RECOGNITION BY INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION OF THE CITY OF SARASOTA ON THE 55TH ANNIVERSARY OF ADOPTION AND IMPLEMENTATION OF THE COUNCIL MANAGER FORM OF GOVERNMENT #1 (0000) through (0875) Mayor Pillot stated that the International City/County Management Association (IC/CMA) wishes to recognize the City's 55th Anniversary of the adoption and implementation of the Council/Manager form of government; requested that William Hansell, Executive Director, IC/CMA, Peter Braun, Past President, IC/CMA, and City Manager Sollenberger come before the Commission for the presentation; and requested that the following family members of Ross Windom, the first City Manager of the City of Sarasota, come forward: Dr. Robert Windom, son, and Robert Windom, grandson Mayor Pillot read in its entirety the Certificate of Appreciation for the service of former City Manager Windom to the City and presented the Certificate of Appreciation to the family of former City Manager Windom in recognition of his contribution to the success of Council/Manager form of government in the City through his exemplary service as first City Manager. Dr. Windom stated that receiving the Certificate of Appreciation on behalf of the Windom family is an honor; that former City BOOK 48 Page 20640 02/20/01 6:00 P.M. BOOK 48 Page 20641 02/20/01 6:00 P.M. Manager Windom passed away recently and always considered serving the City an honor; that the Certificate of Appreciation is appreciated. Mr. Windom stated that receiving the Certificate of Appreciation on behalf of the Windom family is appreciated and considered an honor. Mayor Pillot stated that he and former City. Manager Windom share a birthday of April 13; that a personal call is always received from the Windom family on his birthday. Mayor Pillot requested that Kenneth Thompson and his wife, Barbara Thompson, come forward and stated that former City Manager Thompson served the City for 38 years, which is longer than any City Manager in the history of the United States; read in its entirety the Certificate of Appreciation for the service of former City Manager Thompson to the City; and presented the Certificate of Appreciation to former City Manager Thompson in recognition of his contribution to the success of the Council/Manager form of government through his exemplary service as City Manager for 38 years. Former City Manager Thompson stated that former City Manager Windom contributed significantly to the development of the City, which was sparsely populated and developed at the time; that after traveling by train to the City, former City Manager Windom viewed the undeveloped area and considered returning to Chicago, Illinois; however, former City Manager Windom decided to stay and serve the City; that serving as City Manager for 38 years is considered a personal honor; that the opportunity to have provided a lifetime of service to the City and the local community is appreciated. City Manager Sollenberger stated that the services of former City Managers Windom and Thompson are appreciated by all of the City's. past and present citizens; that former City Managers Windom and Thompson served with excellence; that the City has had only three City Managers since the inception of the Council/Manager Government in 1946; that a photograph of the City's three City Managers was taken a few years ago and is treasured; that few municipalities have had only three City Managers serve for a total of 55 years; that the representatives of IC/CMA affirmed the City's unique leadership stability; that former City Manager Windom was the first City Manager of the City, which was not as desirable a place to live as the present time; that prior to World War II, former City Manager Windom served 'as a City Manager in Ohio; that former City Manager Windom served as a Colonel during World War II and was responsible for the construction of airstrips; that following World War II, former City Manager Windom returned to Chicago, Illinois, in which the headquarters of the IC/CMA were located, to inquire about potential to work as a City Manager in Ohio but was informed that a position as a City Manager was not available in Ohio but was available in Sarasota, Florida; that former City Manager Windom did not desire to move to Florida; however, after personally witnessing the warm winter weather of Sarasota, former City Manager Windom decided to accept the position of City Manager; that serving as the current City Manager is a personal honor; that former City Managers Windom and Thompson are well known by other City Managers in the United States. Mayor Pillot requested that Alise Sollenberger come before the Commission for the remainder of the presentation. Mr. Hansell stated that the IC/CMA wishes to recognize the City's achievement of 55 years of Council/Manager Government with only three City Managers; that Jim Ley, County Administrator, is present in the Chambers and serves as Chairman of the Steering Committee of the Urban Consortium, which consists of a group of elected and appointed officials from local governments throughout the United States working with Public Technology, Inc. (PTI); that PTI works for the National League of Cities, the National Association of Counties, and the IC/CMA to present new and advanced technologies to local governments to better serve the public; that County Administrator Ley invited the IC/CMA to Sarasota for the annual IC/CMA conference, which is the reason for being in the City at this time; that IC/CMA wishes to recognize the City on the 55th anniversary of the adoption and implementation of the Council/Manager form of government; read in its entirety a letter from the IC/CMA extending recognition and congratulations to the City for the accomplishment and the remarkable governmental stability and prosperity achieved since adoption of the Council/Manager form of government; and presented the letter to the Mayor and the Commission on behalf of the IC/CMA. Mr. Hansell continued that the City adopted the Council/Manager form of government by nearly 80 percent of the * voters in a special election in November 1945; that on January 19, 1946, the Commission appointed the first City Manager, Ross Windom, who took office on February 1, 1946; that over the past 55 years, BOOK 48 Page 20642 02/20/01 6:00 P.M. BOOK 48 Page 20643 02/20/01 6:00 P.M. the City has emerged under Council/Manager leadership from a village-like character to a world-class City, recognized in December 2000 by Money Magazine as the "Best Small City to Live in" in America; that congratulations and best wishes for continued success are extended. Mr. Hansell further stated that the Council/Manager form of government began in 1912; that local government was viewed by the public as corrupt and unfair at the time; that local government is now trusted and viewed as fair; that the public consistently ranks local government as more trustworthy and fair than the State or Federal governments; that the institution of the Council/Manager form of government is responsible for a significant portion of the success of local government since 1912 and is the most widely utilized form of local government currently; that the Council/Manager form of government has two systemic features. Mr. Hansell stated that the first feature is the. provision of strong local leadership by citizens, who sacrifice signiticant time, energy and efforts to lead local government; that the strongest and most successful mayors come from Council/Manager forms of governments and not a Strong Mayor form of government; that citizens who serve on a City Council or Commission come from a variety of experiences and local positions and reflect the demographics of the local community. Mr. Hansell continued that the second feature of the Council/Manager form of government is the City Manager, who is a career public servant; that City Managers are selected by elected officials based upon an individual's education, experience and other general qualifications to manage the daily affairs of local governments; that City Managers are politically neutral and are responsible for serving all elected officials and citizens regardless of political affiliation or policy orientation; that City Managers are also bound by the standards of ethical conduct; that former City Manager Thompson is considered a legend by IC/CMA; that former City Manager Windom was a Past President of IC/CMA in 1957 and 1958; that Mr. Braun is also a Past President of IC/CMA; that City Manager Sollenberger has served the City and cities in the State of California diligently. Mr. Braun stated that the opportunity to retire in the City is appreciated; that the City is aesthetically pleasing; that congratulations and recognition are extended to the City regarding the 55th anniversary of the adoption and implementation of the Council/Manager form of government; that only three City Managers have served the City since 1946 which represents a unique and outstanding achievement; that the success of the City is due to the efforts of the Commission and the City's City Managers to cooperate and collaborate; that the stability of the City's government is remarkable. Dr. Windom stated that former City Manager Windom was offered an annual salary of $11,000 by the City for the position of City Manager in 1946 but had examined the City's financial statements while interviewing, knew the City did not have the available funds, and refused the City's offer; that after returning to his previous home in Ohio, the Commission offered an annual salary of $10,000, which former City Manager Windom knew the City could afford and accepted. 2. PRESENTATION RE: : MAYOR'S CITATION TO THE DOWNS GLASS COMPANY, INC., - FOR OVER 75 YEARS OF CONTINUOUS OPERATION OF A FAMILY BUSINESS #1 (0875) through (1085) Mayor Pillot stated that the City is pleased and honored to recognize businesses in the City which have been in the same family ownership for at least 50 years and requested that Commissioner Quillin join him before the Commission table to make the presentation. Commissioner Quillin requested that the following members of the Downs family present in the audience come before the Commission: Michael Downs, Owner, Downs Glass Company, Inc., Marlene Downs, mother, and Charlton Downs III, brother. Commissioner Quillin read the Mayor's Citation in its entirety; presented the Mayor's Citation to the Downs family for over 75 years of continuous operation of a family business of Downs Glass Company, Inc. (Downs); and stated that Downs was established in 1923 and is considered the oldest business continuing to operate in the City; that her personal family moved to the City in 1956; that local businesses contribute to the City's continuing heritage and traditions and are appreciated. Mr. Michael Downs stated that the Mayor's Citation recognizing the Downs family's continuous service to the City for over 75 BOOK 48 Page 20644 02/20/01 6:00 P.M. BOOK 48 Page 20645 02/20/01 6:00 P.M. years is appreciated; that the intent is to serve the City for at least another 75 years. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (1085) through (1120) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Board Actions II-1: Advanced report of the Public Art Committee meeting of February 15, 2001, per the request of John Burg, Chief Planner. B. Add under Consent Agenda No. 1, Item No. III-A-11: Approval of Contract for Construction Services with Jon F. Swift, Inc., for Remodeling and Renovation of the former Utility Billing Office at City Hall, per the request of Nancy Carolan, General Services Director. C. Add under Unfinished Business VI-2: Request by the Bridge Too High Committee, Inc., that the City of Sarasota join in support of the Petition for Writ of Prohibition filed by the Bridge Too High Committee, Inc., and others in the First District Court of Appeal, presented by Richard L. Smith, Esq. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Mason, yesi Quillin, yes; Pillot, yes. 4. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 22, 2001 APPROVED (AGENDA ITEM I) #1 (1120) through (1135) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the January 22, 2001, Special Commission meeting are approved by unanimous consent. 5. BOARD ACTIONS : ADVANCED REPORT OF THE PUBLIC ART COMMITTEE MEETING OF FEBRUARY 15, 2001 - APPROVED $10,000 EXPI ENDITURE FROM PUBLIC ART FUND TO PURCHASE BRONZE SCULPTURE OF JOHN RINGLING; APPROVED INSTALLATION OF THE SCULPTURE ON THE IMPROVED MEDIAN ON THE SOUTH BOULEVARD, OF THE PRESIDENTS FOR COMPLETION BY MAY 25, 2001, FOR THE FESTIVITIES CELEBRATING MR. RINGLING'S BIRTHDAY IF FEASIBLE; REQUIRED COMMISSION APPROVAL IF LANDSCAPING COSTS FOR THE SCULPTURE EXCEED $37,000; AND RECEIVED THE ADVANCED REPORT OF THE FEBRUARY 15, 2001, PUBLIC ART COMMITTEE MEETING (AGENDA ITEM II-1) #1 (1135) through (1835) Pamela Sumner, Chairman, Public Art Committee, and John Burg, Chief Planner, Planning and Development Department, came before the Commission. Ms. Sumner referred to displayed slides of a bronze sculpture of John Ringling and stated that the Public Art Committee recommends the acquisition of a bronze sculpture of John Ringling with $10,000 in financing to come from the Public Art Fund; that the sculpture will be located at St. Armands Circle in commemoration of St. Armands Circle's 75th Anniversary and Mr. Ringling's birthday festivities; that the creation of the sculpture was not initiated by the Public Art Committee; that the St. Armands Commercial Landowners Association initiated the creation of the sculpture; that Martin Rappaport, Executive Director, St. Armands Commercial Landowners Association, indicated the sculpture should be completed ànd located on St. Armands Circle prior to Mr. Ringling's birthday in May 2001; that the concept of the sculpture was presented to the Commission previously; that Tony Lopez, a Cuban-born, Miami-based artist, was commissioned to create the sculpture; that a plaster mold of the sculpture arrived in the City recently and will be cast in bronze to complete the project; that the sculpture will be ready for presentation and installation in May 2001; that landscaping will also be installed near the sculpture; that the artist's and foundry's fees total approximately $31,000; however, the total necessary funds are not available from the Public Art Fund; that the Public Art Committee could approve only $10,000 from the Public Art Fund for the purchase of the sculpture; that the City will be required to partner with private and corporate donors from St. Armands Key to purchase the sculpture; that at the February 15, 2001, meeting, the Public Art Committee recommended the Commission approve the expenditure of $10,000 from the Public Art Fund for the purchase of the bronze sculpture of Mr. Ringling and voted to reserve the authority to approve the final wording of the plaque installed for the sculpture. BOOK 48 Page 20646 02/20/01 6:00 P.M. BOOK 48 Page 20647 02/20/01 6:00 P.M. Commissioner Quillin stated that additional funds will be required to install landscaping near the sculpture; and asked if the $10,000 will fund only the purchase of the sculpture? Mr. Burg stated that the requested expenditure of $10,000 from the Public Art Fund will fund only a portion of the purchase of the sculpture; that additional funds will be sought for the installation of landscaping near the sculpture. Commissioner Quillin stated that the City is only able to contribute $10,000, which is a portion of the required funds to the purchase the sculpture; and asked if the sculpture will become the property of the City following dedication and installation? Mr. Burg stated yes. Commissioner Quillin asked if the artist understands the sculpture will become the property of the City following dedication and installation? Mr. Burg stated yes. Commissioner Quillin asked if the artist is willing to allow the City to repair, move, or modify the sculpture as necessary? Mr. Burg stated yes. Commissioner Quillin stated that the mold of the sculpture was viewed; that the bronze sculpture will be aesthetically pleasing; that the City should be allowed to repair and modify the sculpture for maintenance purposes as necessary. Ms. Sumner stated that Mr. Rappaport is responsible for raising the necessary funds to purchase the sculpture and will technically own the sculpture upon purchase; however, the sculpture will be donated to the City following purchase; that the appropriate contract will be prepared by the City Attorney's Office to certify the donation of the sculpture to the City. Commissioner Quillin asked if the appropriate procedures for donating art to the City will be followed? Ms. Sumner stated yes. Mayor Pillot entered into the public record and quoted a February 20, 2001, letter from St. Armands Residents Association as follows: At a February 19, 2001, special meeting of the Board of Governors of St. Armands Residents Association, the following was decided: The Board of Governors of St. Armands Residents Association joins in supporting the efforts of the [St. Armands) Commercial Landowners and the [St. Armands] Circle Association to erect and embellish a statue of John Ringling on St. Armands Circle. Commissioner Cardamone stated that previously, certain pieces of art donated to City could not be moved or modified due to a contract with the artist; that the Commission decided the ability to modify, move, or repair any donated art should be provided; that art will not be received unless such permission is granted to the City. Mayor Pillot stated that Mr. Rappaport previously provided the Commission with detailed information seeking support for the purchase, dedication, and installation of the sculpture on St. Armands Key; that detailed information regarding the proposed location and form of the sculpture were also provided. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve an expenditure from the Public Art Fund in the amount of $10,000 to purchase the bronze sculpture of John Ringling. On motion of Mayor Pillot, who passed the gavel to Vice Mayor Hogle, and second of Commissioner Cardamone, it was moved to amend the motion by adding "to install the bronze sculpture of John Ringling on the improved median on the South Boulevard of the Presidents for completion by May 25, 2001, the festivities celebrating Mr. Ringling's birthday, if feasible." Mayor Pillot stated that the sculpture was planned by the St. Armands Residents Association, the St. Armands Commercial Landowners Association, and the St. Armands Circle Association, which recommended the location of the sculpture on the improved median on the South Boulevard of the Presidents. Commissioner Quillin stated that stormwater improvements are being installed in the improved median on the South Boulevard of the Presidents; that the landscaping near the sculpture may not be completed as scheduled if the proposed location is approved; that the proposed location is supported; however, Staff should provide input prior to Commission approval. BOOK 48 Page 20648 02/20/01 6:00 P.M. BOOK 48 Page 20649 02/20/01 6:00 P.M. Mr. Burg stated that the landscaping near the proposed location of the sculpture as documented in the Agenda backup material is not correct; therefore, providing the Administration flexibility in designing the landscaping near the sculpture is suggested. Mayor Pillot stated that Staff should examine the proposed location to insure the necessary infrastructure improvements are complete prior to installation of landscaping near the sculpture; that benches should overlook the sculpture to make the proposed location a tourist destination; that the amendment to the motion does not specify the type or schedule for the installation of landscaping near the sculpture. Commissioner Cardamone stated that the amendment to the motion includes a provision allowing Staff to delay installation if the required infrastructure improvements are not completed by May 25, 2001. Commissioner Quillin asked the funding source of the landscaping near the sculpture? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the landscaping near the sculpture will be funded from Streetscape Funds. Commissioner Quillin stated that approximately $30,000 will be required for landscaping; that the amendment to the motion should indicate the funding source for landscaping near the sculpture. Mayor Pillot stated that the intent of the amendment to the motion is to complete the installation of the sculpture and landscaping near the sculpture with consultation from Staff; that the motion could be amended to require Commission approval if landscaping costs for the sculpture exceed $30,000. Deputy City Manager Schneider stated that the landscaping near the sculpture is estimated to cost approximately $37,000. Mayor Pillot, as maker of the amendment to the motion, with the approval of Commissioner Cardamone, as seconder of the amendment to the motion, amended the amendment to the motion to require Commission approval if landscaping costs for the sculpture exceed $37,000. Commissioner Cardamone stated that private and corporate donations should also be sought for the landscaping near the sculpture. Commissioner Quillin stated that grant funds should also be sought for the landscaping near the sculpture. Vice Mayor Hogle called for a vote on the amendment to the motion to add the phrase "to install the bronze sculpture of John Ringling on the improved median on the South Boulevard of the Presidents for completion by May 25, 2001, for the festivities celebrating Mr. Ringling's birthday; if feasible, and to require Commission approval if landscaping costs for the sculpture exceed $37,000." Motion carried unanimously (5 to 0) : Cardamone, yes; Mason, yes; Pillot, yes; Quillin, yes; Hogle, yes. Vice Mayor Hogle called for a vote on the motion to approve the expenditure from the Public Art Fund in the amount of $10,000 to purchase - the bronze sculpture of John Ringling as amended. Motion as amended carried unanimously (5 to 0): Cardamone, yesi Mason, yes; Pillot, yes; Quillin, yes; Hogle, yes. Vice Mayor Hogle passed the gavel back to Mayor Pillot. Mayor Pillot stated that Lido and St. Armands Keys are among the most aesthetically pleasing tourist destinations in the United States and should be maintained as such. Commissioner Quillin stated that the artist, Mr. Lopez, is Cuban-American; that the Cuban-American heritage of the City should be documented and celebrated; that the efforts of the artist, the foundry, and local citizens to create and purchase the sculpture are appreciated. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to receive the advanced report of the February 15, 2001, Public Art Committee méeting. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 6. CONSENT AGENDA NO. 1: ITEM NOS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11 - APPROVED (AGENDA ITEM III-A) #1 (1835) through (1855) BOOK 48 Page 20650 02/20/01 6:00 P.M. BOOK 48 Page 20651 02/20/01 6:00 P.M. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute new Statewide Mutual Aid Agreement between the Department of Community Affairs, State of Florida, and all the local governments that are participating parties, this Agreement allows the State of Florida Division of Emergency Management to coordinate assistance between local governments during emergencies and to concentrate available resources where needed 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Frank L. & Anita L. Countryman, II, for sewer service for a site located at 2718 Hibiscus Street 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the State-Funded Grant Agreement for the Urban Infill and Redevelopment Assistance Grant Program 4. Approval Re: Authorize the Administration to negotiate a professional services agreement contract with Ardaman & Associates, Inc.; proceed to the second choice in the event that a contract cannot be negotiated with the first choice; and authorize the Mayor and City Auditor and Clerk to execute the Professional consulting Services Agreement, (RFP #01-22H) to provide continuing services in the area of soils and materials testing 5. Approval Re: Status Report for City Hall Lobby, Sidewalks, and Commission Chambers Renovation Project 6. Approval Re: Proposed change of drawbridge operation regulation on Siesta Drive at Intra Coastal Waterway 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between Sarasota County and the City of Sarasota regarding Design and Management Services for the St. Armands Drainage Improvement Project 8. Approval Re: Monthly activities report from the Greater Downtown Sarasota Action Team 9. Approval Re: Monthly activities report from the Downtown Association 10. Approyal Re: Monthly report on the activities at the Urbaculture site 11. Approval Re: Contract for Construction Services with Jon F. Swiit, Inc., for Remodeling and Renovation of the former Utility Billing Office at City Hall. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 11, inclusive. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1345) ADOPTED; ITEM 2 (ORDINANCE NO. 00-4232) - ADOPTED; ITEM 3 (ORDINANCE NO. 01-4289) ADOPTED; ITEM. 4 (ORDINANCE NO. 01-4290) - ADOPTED; AND ITEM 5 (ORDINANCE NO. 01-4292) ADOPTED (AGENDA ITEM III-B) #1 (1855) through (2010) 1. Adoption Re: Proposed Resolution No. 01R-1345, appropriating $14,250 from the Special Law Enforcement Trust Fund (Forfeitures) to provide funds to send two supervisory officers to the 31st Career Officer Development Course at the Institute of Public Safety at Broward Community College. 2. Adoption Re: Proposed Ordinance No. 00-4232, amending the Zoning Code (1998) amending Article IV, Development Review Procedures, Division 8, Historic Designation, Sec. IV-808, Changes to Structures with Historic Designation/Certificate of Appropriateness, Subparagraph A., Building Permits, to create an exemption from the requirement for a Certificate of Appropriateness for improvements to a historically designated structure or site under certain circumstances; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) 3. Adoption Re: Proposed Ordinance No. 01-4289, to rezone a parcel of real property consisting of .16 acre located at the 2921 Floyd Street, further described as Lot 13, Fulmer Subdivision, First Addition, from the Single- Family-Residential-3 (RSF-3) Zone District, (Sarasota County Zoning) to the Single-Family-Residential-3 (RSF-3) Zone District (City of Sarasota Zoning) i said parcel having been recently annexed into the corporate limits of the City of Sarasota and more particularly described herein; providing for conditions of this rezoning; etc. (Title Only) BOOK 48 Page 20652 .02/20/01 6:00 P.M. BOOK 48 Page 20653 02/20/01 6:00 P.M. 4. Adoption Re: Proposed Ordinance No. 01-4290, to rezone a parcel of real property consisting of .30 acre located at 2421 South Tuttle Avenue, further described as Lot 12 and a portion of Lot 13, Block 84, South Gate Unit 21, from the single-Family-Residential-z (RSF-2) Zone District (Sarasota County Zoning) to the Single-Family- Residential-2 (RSF-2) Zone District (City of Sarasota Zoning) ; said parcel having been recently annexed into the corporate limits of the City of Sarasota and more particularly described herein; providing for conditions of this rezoning; etc. (Title Only) 5. Adoption Re: Proposed Ordinance No. 01-4292, rezoning certain real property having a street address of 1330 Benjamin Franklin Drive and also known as the site of the Azure Tides Resort, from the Multi-Family- Residential-4 (RMF-4) Zone District to the Waterfront Resort (WFR) Zone District, approving Site Plan 01-SP-01 which has been proffered as a condition of this rezoning; providing for conditions of approval; all as more particularly set forth herein; etc. (Title Only) (Applicant Brenda Patten, as agent for Azure Tides Resort, S.L.A.B. Lido, L.L.C.) City Auditor and Clerk Robinson read proposed Ordinance Nos. 00-4232, 01-4289, 01-4290 and 01-4292 by title only and proposed Resolution No. 01R-1345 in its entirety. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Consent Agenda No 2, Item Nos. 1 through 5, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five minutes to speak; that speakers will be timed and will be advised when one minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that no one has filed for certification as an Affected Person; that Applicants and the City will be afforded the opportunity to present evidence. and expert witnesses and the opportunity for cross-examination. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4121, AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 2, OFF-S STREET PARKING AND LOADING, ZONING CODE (1998) BY SETTING FORTH REGULATIONS PERTAINING TO THE PARKING OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS AT DWELLING UNITS IN RESIDENTIAL ZONE DISTRICTS; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING DEFINITIONS PROHIBITING THE PARKING OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS AT DWELLING UNITS IN RESIDENTIAL ZONE DISTRICTS; PERMITTING THE PARKING OF ONE OR MORE COMMERCIAL VEHICLE AND ONE COMMERCIAL TRAILER AT A DWELLING UNIT IN RESIDENTIAL ZONE DISTRICTS PROVIDED CERTAIN STANDARDS AND CONDITIONS ARE MET; PROVIDING FOR EXCEPTIONS; PROVIDING FOR SUSPENSION OF THESE REGULATIONS DURING PERIODS OF EMERGENCY DECLARED BY THE CITY COMMISSION; PROVIDING FOR REVIEW OF THESE REGULATIONS BY THE CITY COMMISSION WITHIN ONE (1) YEAR FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ETC. (TITLE ONLY) = DENIED PROPOSED ORDINANCE NO 99-4121; DIRECTED CONTINUED ENFORCEMENT OF THE CITY'S CURRENT REGULATIONS REGARDING PROHIBITING THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONE DISTRICTS; AND ALLOWED CONTINUED STUDY OF PROPOSED REVISIONS TO THE ZONING CODE (1998) REGARDING THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL ZONE DISTRICTS (AGENDA ITEM IV-A-1) #1 (2010) through #2 (1480) BOOK 48 Page 20654 02/20/01 6:00. P.M. BOOK 48 Page 20655 02/20/01 6:00 P.M. Mayor Pillot stated that proposed Ordinance No. 99-4121 is to adopt regulations pertaining to the parking of commercial vehicles and trailers in residential areas. Timothy Litchet, Director of Building, Zoning, and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 99-4121 amends the Zoning Code (1998) by adopting regulations pertaining to the parking of commercial vehicles and trailers in residential zone districts; that a draft of proposed Ordinance No. 99-4121 was presented at a January 16, 2001, Commission Workshop; that the Commercial Vehicles Ad Hoc Committee and Staff were directed to revise proposed Ordinance No. 99-4121; that the requested revisions are incorporated into proposed Ordinance No. 99-4121 as presented and include provisions for: 1) suspension of the regulations in the event of an emergency, 2) review a year after adoption which will include a status report to the Administration and the Commercial Vehicles Ad Hoc Committee, 3) reference to fire safety vehicles, and 4) an exemption for government vehicles. Mr. Litchet continued that the provisions of proposed Ordinance No. 99-4121 include: 1) revision of the existing definition of commercial vehicles in the Zoning Code (1998), 2) a prohibition against parking semi trucks, trailers, dump trucks, heavy duty trucks, Class B and C tow trucks, bucket trucks, large construction equipment and large commercial vehicles on residential property, 3) an allowance for the parking of one commercial vehicle on a residential property, 4) a requirement to park a commercial vehicle on a paved or rock surface without blocking pedestrian or public rights-of-way, 5) a height restriction of nine feet including tools which must be stored in a safe and secure manner, and 6) a requirement the commercial vehicle be owned or operated by the property resident. Mr. Litchet further stated that commercial vehicles will be allowed to park on residential property if buffered from pedestrian view or kept in the rear of a residential propertyi; that parking of commercial trailers will be allowed on residential property if not exceeding 24 feet in length but must be buffered from pedestrian view; that commercial vehicles providing a prearranged service to a residential property would be exempt from the provisions of proposed Ordinance No. 99-4121; that churches, hotels and similar uses will be allowed to park commercial vehicles on residential properties; that police and fire safety vehicles would be exempt from the provisions of proposed Ordinance No. 99-4121; that government vehicles meeting the size requirements of proposed Ordinance No. 99-4121 would also be exempt. Commissioner Quillin asked if Staff received a copy of the February 14, 2001, letter from the Park East Community Association to the Commission regarding proposed Ordinance No. 99-4121? Mr. Litchet stated no. Commissioner Quillin stated that Staff should review the letter and provide input if feasible; that the letter indicates proposed Ordinance No. 99-4121 would allow the parking of certain large commercial vehicles in residential zone districts; that the concerns of the Park East Neighborhood Association should be addressed. Mayor Pillot opened the public hearing. Mayor Pillot stated that 17 speakers have signed up to speak; that public input will consume approximately two hours if each speaker utilizes the five minutes to speak; that speakers are respectfully requested to present Clear and concise statements to the Commission to preserve time. The following people came before the Commission: John Browning, 1376 Harbor Drive (34239), representing the Harbor Acres Community Association, read from a prepared statement indicating that the Harbor Acres Community Association is opposed to the adoption of proposed Ordinance No. 99-4121; that the City is committed to improving the quality of residential living Downtown and in neighborhoods; however, allowing commercial vehicles to park in residential zone districts would degrade the quality of residential living in the City; that proposed Ordinance No. 99-4121 should not be approved; that the Planning Board/Local Planning Agency (PBLP) did not recommend Commission approval of proposed Ordinance No. 99-4121; that all the City's neighborhoods will be negatively affected if proposed Ordinance No. 99-4121 is adopted; that the representatives of the City's neighborhoods were not granted sufficient participation in the drafting of proposed Ordinance No. 99-4121; that the definite majority of the City's residents do not drive commercial vehicles; that the majority of the City's residents who do drive commercial vehicles do not park on personal residential properties; that adoption of proposed Ordinance No. 99-4121 would legitimize the illegal practices of a few citizens; that the parking of BOOK 48 Page 20656 02/20/01 6:00 P.M. BOOK 48 Page 20657 02/20/01 6:00 P.M. commercial vehicles on residential properties affects the quality of life; that property values and neighborhood aesthetics will be decreased; that code enforcement efforts should be increased; that the City should maintain current regulations against the parking of commercial vehicles on residential properties; that the Commission should not adopt any ordinance which will harm the City's neighborhoods. Mayor Pillot referred to the Agenda Request form included in the Agenda backup material and confirmed the PBLP did not recommend approval of proposed Ordinance No. 99-4121. Jennifer Wilson, 435 Seeds Avenue (34236), representing the Park East Community Association, referred to computer-generated slides of the photographs of commercial vehicles included in a February 14, 2001, letter from the Park East Community Association to the Commission regarding proposed Ordinance No. 99-4121, and stated. that the Park East Community Association opposes the parking of commercial vehicles in the City's neighborhoods; that proposed Ordinance No. 99-4121 should not be adopted; that a significant burden will be placed upon Code Enforcement Staff to enforce vague regulations; that employees should not be prohibited from parking business vehicles on personal property; however, the parking of large commercial vehicles on personal residential properties will detract from the City's efforts to revitalize local neighborhoods; that the adoption of proposed Ordinance No. 99-4121 will negatively affect the Park East Neighborhood; that proposed Ordinance No. 99-4121 requires significant revision and would allow commercial vehicles with a gross weight of over 24,000 pounds to park in residential areas; that the heaviest and largest personal vehicles only weight approximately 5,000 pounds. James Cooney, 720 Garfield Avenue (34236), President, Coalition of City Neighborhood Associations (CCNA), stated that the CCNA unanimously voted to oppose proposed Ordinance No. 99-4121 at the February 3, 2001, meeting; that the parking of commercial vehicles should not be allowed in the City's neighborhoods; that proposed Ordinance No. 99-4121 allows large commercial vehicles with a gross weight of 17,000 pounds which should not be allowed in the City's neignborhoods; that the parking of large commercial vehicles in the City's neighborhoods is also a safety concern and should be allowed only on commercial parking lots; that the County only allows commercial vehicles weighing 5,000 pounds or less to park in residential zone districts and prohibits the storage or parking of construction equipment in residential zone districts; that proposed Ordinance No. 99-4121 allows the parking of commercial vehicles nine feet in height as long as a buffer of six feet in height is provided; that three feet of commercial vehicle, which is not aesthetically pleasing, will be viewed by nearby residents and neighborhood pedestrians; that the County's current regulations are supported; that the provisions of proposed Ordinance No. 99-4121 would be unenforceable by Staff; that the Commission should deny proposed Ordinance No. 99-4121. Craig Noren, 602 North Jefferson (34237), Member, CCNA, concurred and stated that parking commercial vehicles in residential zone districts is not aesthetically pleasing and reduces nearby property values; however, adoption of proposed Ordinance No. 99-4121 could not be legally challenged despite the negative affect on the City's neighborhoods and citizens; that the Commission should consider proposed Ordinance No. 99-4121 carefully; that the parking of commercial vehicles in residential zone districts is considered a nuisance and a distraction and will affect neighborhood safety negatively; that designating parking space for commercial vehicles is a commercial activity; that other vehicles such as boats, trucks and multiple vehicles should not be allowed to park in front of residential properties. Robin Wells, 2380 Browning Street, and Elissa Mirabelli, P.O. Box 474 (34230), representing the Alta Vista Park Neighborhood Association. Ms. Wells stated that the Alta Vista Park Neighborhood Association does not support the adoption of proposed Ordinance No. 99-4121, which would not protect City residents; that public safety is a significant concern and will be affected negatively if proposed Ordinance No. 99-4121 is adopted; that small businesses should not be prohibited from operating from the City's neighborhoods; however, the safety of all neighborhood residents is the primary concern; that the County prohibits the parking of any commercial vehicle in the pedestrian view; the City should also prohibit the parking of commercial vehicles in the pedestrian view. Michael Campbell, 1504 South Orange Avenue (34239), representing the Harbor Acres Community Association, stated that comments of Mr. Browning are supported; that proposed Ordinance No. 99-4121 should not be adopted and would allow a visual blight in the City's neighborhoods. BOOK 48 Page 20658 02/20/01 6:00 P.M. BOOK 48 Page 20659 02/20/01 6:00 P.M. Linda Holland, 617 Gillespie Park Avenue (34236), Commercial Vehicles Ad Hoc Committee member, read from a prepared statement indicating that proposed Ordinance No. 99-4121 should not be adopted; that neighborhood residents were not fairly represented on the Commercial Vehicles Ad Hoc Committee; that the interests of the City's neighborhoods were not incorporated into proposed Ordinance No. 99-4121; that all tow trucks should specifically be prohibited from parking in residential zone districts; that current City regulations concerning the parking of commercial vehicles in residential zone districts are not being enforced. Jay Brady, 1487 Second Street (34236), representing the Gulf Coast Builders Exchange, Commercial Vehicles Ad Hoc Committee member, stated that the issue of foremost concern regarding proposed Ordinance No. 99-4121 is the aesthetics of commercial vehicles; however, aesthetics are not a significant concern in the event of a residential emergency; that nearby commercial vehicles are desired during such emergencies; that the majority of commercial vehicles provide service during the day and thus are not parked on residential properties during the day; that commercial vehicles are parked on residential property during the night at a time pedestrian view is obscured; that an intent of proposed Ordinance No. 99-4121 is to obscure commercial vehicles from the pedestrian view; that only one commercial vehicle will be allowed to park at each residential property; that restrictive criteria were established in consideration of the concerns of neighborhood residents; that parking a commercial vehicle on a personal residential property is either a benefit to the employee or a requirement to provide emergency services to the public; that proposed Ordinance No. 99-4121 would be enforceable by Staff if adopted; that the Commercial Vehicles Ad Hoc Committee supports the adoption of proposed Ordinance No. 99-4121; that the City should support local businesses in addition to neighborhoods; that proposed Ordinance No. 99-4121 should be reviewed after the indicated one year period; that the provisions of proposed Ordinance No. 99-4121 could be adjusted as required. Carole Krohn, 132 North Washington Boulevard (34236), representing the St. Armands Residents Association, read from a prepared statement indicating that the St. Armands Residents Association opposes the adoption of proposed Ordinance No. 99-4121, which would allow certain large commercial vehicles to park on any residential property; that proposed Ordinance No. 99-4121 conflicts with the intent of the Zoning Code (1998) to provide and improve public health and safety; that the quality of life in the City's neighborhoods would be affected negatively; that adoption of proposed Ordinance No. 99-4121 reduces property values and encourages the use of residences as places of business and commercial intrusion into neighborhoods; that commercial vehicles are not aesthetically pleasing; that the City's efforts to revitalize and improve local neighborhoods would be negatively affected; that special rights would be afforded owners and operators of commercial vehicles at the expense of neighborhood residents; that commercial vehicles should be parked on commercial lots or business properties. Kafi Benz, P.O. Box 2900 (34230), representing the Indian Beach/Sapphire Shores Association (IB/SSA), stated that the IB/SSA opposes the adoption of proposed Ordinance No. 99-4121; that current City regulations regarding commercial vehicles are supported; that commercial vehicles should not be included in the pedestrian view in neighborhoods; that a significant number of the City's neighborhoods are surrounded by or adjoin commercial zone districts; that commercial vehicles should be parked in commercial zone districts; that any permitted local business is required to have a physical address in the City; that commercial vehicles should be parked at the physical business address; that the Commission should support the revision of or deny proposed Ordinance No. 99-4121; that specific neighborhoods could request an overlay district to allow the parking of commercial vehicles on residential propertyi; however, the parking of commercial vehicles in residential zone districts should not be allowed Citywide. George Ryan, 241 Garfield Drive (34236), President, the Lido Key Residents Association, stated that the Lido Key Residents Association opposes the adoption of proposed Ordinance No. 99-4121, which fails to limit the total number of commercial vehicles allowed to park in a neighborhood; that proposed Ordinance No. 99-4121 would not improve the quality of life in the City's neighborhoods and would not promote public health, safety and welfare; that the aesthetic quality, viability, and residential character of the City's neighborhoods would not be enhanced. Joan Bowers, 1660 Seventh Street (34236), resident of the Gillespie Park Neighborhood for five years, stated that proposed Ordinance No. 99-4121 should not be adopted as presented to the Commission; that her residence is surrounded by large commercial vehicles parked on residential properties; that the entrance to BOOK 48 Page 20660 02/20/01 6:00 P.M. BOOK 48 Page 20661 02/20/01 6:00 P.M. her driveway is frequently blocked by the large commercial vehicles; that commercial vehicles are not aesthetically pleasing and should not be allowed to park in the City's neighborhoods; that the parking of commercial vehicles in residential areas reduces the value of neighboring properties; that commercial vehicles providing emergency services rarely park in residential zone districts; that proposed Ordinance No. 99-4121 is not supported. Andrea Bering, 1628 Seventh Street (34236), and Alice Panico, 1937 Eighth Street (34236), representing the Gillespie Park Neighborhood Association (GPNA). Ms. Bering distributed a copy of a February 20, 2001, letter from the GPNA to the Commission regarding proposed Ordinance No. 99-4121 and stated that the GPNA voted to oppose the adoption of proposed Ordinance No. 99-4121 at a February 15, 2001, meeting; that revising proposed Ordinance No. 99-4121 is supported; and quoted the following language from the February 20, 2001, letter from the GPNA to the Commission regarding proposed Ordinance No. 99-4121: We who live in these neighborhoods experience the reality of what this ordinance translates to. Being woken up in the middle of the night by the roar of the diesel engine along with the dispatch radio blaring. Despite the language to the contrary, the reality is that roads and sidewalks do end up being blocked off from traffic and pedestrians. Our lots are very narrow in Gillespie Park and having these commercial vehicles and trailers with the existing specification allowances is absolutely destructive to our quality of life and is not even realistic for implementation. Ms. Panico concurred. Donald Judge, President, the Manatee/Sarasota Chapter of the Electrical Council of Florida, stated that Staff indicated only owners will be allowed to park commercial vehicles on personal residential property; that the relationship of current deed restrictions to the provisions of proposed Ordinance No. 99-4121 is unclear; that clarification is requested. Mr. Litchet stated that proposed Ordinance No. 99-4121 allows the parking of commercial vehicles owned or operated by the resident of a residential property; that drivers who are either property owners or renters would be allowed to park a' commercial vehicle; that current deed restrictions would not be abrogated if proposed Ordinance No. 99-4121 is adopted. Mr. Judge stated that the current deed restrictions of the City's residential properties already. prohibit the parking of certain undesirable commercial vehicles; that a significant number of service people provide emergency services and are required to park commercial vehicles on personal residential property to provide efficient and reliable emergency service; that the majority of commercial vehicles are well maintained and are aesthetically pleasing; that tool racks are installed on a significant number of commercial vehicles, which cannot be stored in a residential garage; that the typical residential garage allows parking for vehicles approximately seven feet or less in height; that the quality of emergency services will be significantly degraded if commercial vehicles are prohibited from parking on residential properties; that proposed Ordinance No. 99-4121 should be adopted or revised. Robert Friedman, 2610 59th Street (34243), President, Ace Electric, Inc. (Ace), concurred and stated that Ace provides service to residential customers 24 hours a day for each day of the week; that a significant number of emergency calls are received each week during the night; that the emergencies are often serious in nature; that prompt and efficient service is frequently required; that prohibiting the parking of certain commercial vehicles in residential areas will significantly degrade the quality and timing of emergency services provided to residential customers. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Mayor Pillot stated that speakers are commended for presenting clear and concise statements to the Commission. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4121 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4121 on first reading. Commissioner Quillin stated that Staff should address the concerns expressed in the February 14, 2001, letter from the BOOK 48 Page 20662 02/20/01 6:00 P.M. BOOK 48 Page 20663 02/20/01 6:00 P.M. Park East Community Association to the Commission regarding proposed Ordinance No. 99-4121. Mr. Litchet referred to the photographs of commercial vehicles provided in the February 14, 2001, letter from the Park East Community Association to the Commission regarding proposed Ordinance No. 99-4121 and stated that the first two commercial vehicles photographed would be allowed to park in residential zone districts according to proposed Ordinance No. 99-4121; however, the vehicles as depicted in the photographs are empty and thus at minimum weight; that the addition of significant weight consisting of tools and other equipment would prohibit commercial vehicles from parking in residential zone districts if a gross weight of 15,000 pounds is exceeded; that photographs of commercial vehicles currently parking in the City's neighborhoods were also included in the letter; that the first photographed vehicle would not be allowed; however, the second photographed vehicle is a van and would be allowed to park in residential zone districts; that the PBLP found proposed Ordinance No. 99-4121 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) but did not recommend approval by a 3-to-2 vote; that Staff will be able to enforce the provisions of proposed Ordinance No. 99-4121 if adopted. Mayor Pillot asked if the Staff of the Department of Building, Zoning and Code Enforcement will be responsible for enforcing the provisions of proposed Ordinance No. 99-4121 if adopted? Mr. Litchet stated yes. Mayor Pillot asked if the Staff of the Department of Building, Zoning and Code Enforcement currently possesses the necessary education, experience and training to enforce the provisions of proposed Ordinance No. 99-4121 if adopted? Mr. Litchet stated yes. City Manager Sollenberger stated that the Staff of the Department of Building, Zoning and Code Enforcement and not Staff of the Sarasota Police Department will be responsible for enforcing the provisions of proposed Ordinance No. 99-4121. Mr. Litchet stated that the Staff of the Department of Building, Zoning and Code Entorcement actively enforces current regulations concerning the parking of commercial vehicles in residential zone districts; that the Commission previously directed Staff to enforce current regulations and to ensure only one commercial vehicle is parked at. a residence; that citations and requests for removal of larger commercial vehicles have been issued; that a significant number of complaints regarding the parking of commercial vehicles in residential zone districts has not been received; that the composition of the Commercial Vehicles Ad Hoc Committee was fair and included four representatives from the City's neighborhoods and four representatives from the local industry community; that significant debate occurred; that the significant efforts of the members of the Commercial Vehicles Ad Hoc Committee to formulate and draft proposed Ordinance No. 99-4121 are appreciated; that neighborhood overlay districts should be considered with caution, complicate code enforcement efforts, and allow further uses requiring significant and careful examination by Staff; however, Staff of the Department of Building, Zoning and Code Enforcement will and do actively enforce all the City's regulations. Commissioner Quillin asked if a provision for Commission review up to one year following adoption was included in proposed Ordinance No. 99-4121? Mr. Litchet stated yes; that Section G, Regulation Subject to Review, proposed Ordinance No. 99-4121, includes a provision to allow Commission review one year after adoption. Commissioner Quillin stated that a specific date for concluding Commission review should be provided in proposed Ordinance No. 99-4121. Mayor Pillot stated that a specific date will be provided following adoption of proposed Ordinance No. 99-4121. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to deny proposed Ordinance No. 99-4121 and to continue enforcing the City's current regulations regarding prohibiting the parking of commercial vehicles in residential zone districts. Commissioner Cardamone referred to displayed photographs of commercial vehicles parked in the City's residential zone districts and stated that the parking of commercial vehicles in the City's residential zone districts has been a significant issue for more than five years; that prohibiting commercial vehicles from parking in the City's neighborhoods was a personal campaign promise in 1993; that 11 neighborhood associations expressed opposition to the adoption of proposed Ordinance BOOK 48 Page 20664 02/20/01 6:00 P.M. BOOK 48 Page 20665 02/20/01 6:00 P.M. No. 99-4121 at the current meeting; that no one wishes to live next to commercial vehicles parked on a residential property; that commercial vehicles are not aesthetically pleasing; that nearby residential properties will be devalued; that the parking of commercial vehicles on residential properties represents commercial intrusion into the City's neighborhoods; that live-work units and home businesses do not require large commercial vehicles; that the majority of the City's businesses operate without a negative affect on nearby neighborhoods; that many local businesses rent or lease storage space or provide space on commercial property to park commercial vehicles; that the City's regulations regarding the parking of commercial vehicles in residential zone districts are not enforced actively; that adoption of proposed Ordinance No. 99-4121 poses potential harm to the City's neighborhoods. Commissioner Cardamone continued that special rights would be afforded to owners or operators of commercial vehicles at the expense of neighborhood residents; that adoption of proposed Ordinance No. 99-4121 would also negatively impact the ongoing Neighborhood Action Strategies, of which the Commission has been particularly supportive; that allowing the parking of commercial vehicles in residential zone districts will not enhance the City's neighborhoods; and quoted Section VII-902, Residential Accessory Uses; Generally, Zoning Code (1998), as follows: Accessory uses shall be permitted in all residential districts (i.e., RSF and RMP Districts), subject to the following limitations: (A) Except as permitted by subsection (1) below, no commercial vehicles may be parked overnight on a residentially zoned property. (1) Construction equipment may be parked only during the tenure of construction. Commissioner Cardamone further stated that the Commission should deny proposed Ordinance No. 99-4121. Commissioner Mason concurred. Commissioner Quillin stated that the formation of the Commercial Vehicles Ad Hoc Committee to examine the parking of commercial vehicles in residential zone districts was supported; that certain members of the working Class have limited means and are forced to conduct business illegally in the City by current regulations; that the services provided by the members of the working class owning and operating commercial vehicles are extremely important to the local community; that the Commission recognized the achievements of a similar local service business at the current meeting; that commercial vehicles are parked and should be allowed to park in residential zone districts to increase response time during emergencies; that all provisions of proposed Ordinance No. 99-4121 may not be supported; however, a provision for Commission review after one year was incorporated into proposed Ordinance No. 99-4121 to ensure the needs of the local community are met; that service people will not be afforded special rights but should be afforded the opportunity to live and work in the City and are responsible for a significant portion of the growth and success of the City; that proposed Ordinançe No. 99-4121 would buffer commercial vehicles from pedestrian view and prohibit the parking of large commercial vehicles on residential property; that the working class is directly and negatively affected by the City's current regulations prohibiting the parking of commercial vehicles in residential zone districts; that the Commission should not deny any citizen the right to provide a required service to the local community; that the response time of a significant number of the services required in the City's neighborhoods will be degraded; that proposed Ordinance No. 99-4121 is supported. Mayor Pillot stated that considerable efforts were undertaken to develop and formulate proposed Ordinance No. 99-4121, which is supported and could be revised to meet the needs of the local community. Vice Mayor Hogle stated that a large truck is personally owned; that personal appreciation is expressed for the commercial services provided by the working class of the local community; however, proposed Ordinance No. 99-4121 requires significant revision; that a compromise should be attained; that residents could own a large personal vehicle which would be prohibited from parking on residential property; that smaller commercial vehicles should be allowed to park on residential property to provide the necessary emergency services to the public; however, proposed Ordinance No. 99-4121 would allow large commercial vehicles to park in residential zone districts which should be prohibited and are not safe for neighborhood residents; that the motion to deny adoption of proposed Ordinance No. 99-4121 will be supported. BOOK 48 Page 20666 02/20/01 6:00 P.M. BOOK 48 Page 20667 02/20/01 6:00 P.M. On motion of Mayor Pillot, who passed the gavel to Vice Mayor Hogle, and second of Commissioner Quillin, it was moved to amend the motion to allow continued study of proposed revisions to the Zoning Code (1998) regarding the parking of commercial vehicles in residential zone districts. Mayor Pillot stated that proposed Ordinance No. 99-4121 requires significant revision and allows large commercial vehicles to park in residential zone districts which should be prohibited; however, significant efforts were undertaken to provide a working compromise to the City's current regulations regarding the parking of commercial vehicles in residential zone districts; that the owners and operators of commercial vehicles providing emergency services required by the public should be allowed to park a commercial vehicle of reasonable size at a personal residential property. Commissioner Quillin stated that the gross weight of the commercial vehicles allowed to park in residential zone districts according to proposed Ordinance No. 99-4121 should be reduced significantly; that the Automobile Appraisal Guides of the National Automobile Dealers Assoclation should be used to identify and specify the commercial vehicles allowed to park in residential zone districts; that tow trucks should not be allowed to park in residential zone districts; that the parking of one commercial vehicle on each parcel of residential property will be allowed according to proposed Ordinance No. 99-4121; that the City's current regulations do not define a maximum number of commercial vehicles allowed to park on each parcel of residential property; that further examination and revision of proposed Ordinance No. 99-4121 should be allowed. Commissioner Cardamone stated that the working Class will not be eliminated from the City if proposed Ordinance No. 99-4121 is adopted; that the City's current regulations regarding the parking of commercial vehicles in residential zone districts have not been entorced actively; that inadequate enforcement of the pertinent City regulations has caused a proliferation of commercial vehicles in the City's neighborhoods; that the members of the working class are not responsible for commercial vehicles; that business owners are responsible for commercial vehicles, should be required to provide adequate commercial parking space, and are responsible for the current proliferation of parked commercial vehicles in the City's neignbornoods; that other business owners pay for the storage of a variety of business-related items and property; that commercial vehicles should be stored in the appropriate places at the - expense of business owners and not neighborhood residents; that commercial parking spaces are available for rent at many locations throughout the City to provide the necessary emergency services without a significant loss of response time; that the City's neighborhoods should be protected from all types of commercial intrusion. Commissioner Mason stated that a compromise should be achieved; that the efforts of the Commercial Vehicles Ad Hoc Committee are appreciated and respected; that the Commission has always demonstrated significant support for the City's neigaborhoods; that at the current meeting, neighborhood residents expressed significant opposition to proposed Ordinance No. 99-4121 as presented; therefore, proposed Ordinance No. 99-4121 should be revised; that the working class will not be prohibited from working or living in the Cityi that a compromise can be attained; that Staff and the Commercial Vehicles Ad Hoc Committee should be requested to revise proposed Ordinance No. 99-4121 as presented. Mayor Pillot stated that the motion is to deny proposed Ordinance No. 99-4121 and to continue enforcing the City's current regulations regarding the parking of commercial vehicles in residential zone districts; that the amendment to the motion will allow the Administration and Staff to improve proposed Ordinance No. 99-4121 with significant input from the local community. Commissioner Cardamone stated that the amendment to the motion will be supported; that the height and width of commercial vehicles allowed to park in residential zone districts according to proposed Ordinance No. 99-4121 should be reduced significantly, that the signage of any commercial vehicle allowed to park in residential zone districts should be minimal. Vice Mayor Hogle called for a vote on the amendment to the motion to allow continued study of proposed revisions to the Zoning Code (1998) regarding the parking of commercial vehicles in residential zone districts. Motion carried unanimously (5 to 0): Cardamone, yes; Pillot, yes; Mason, yes; Quillin, yes; Hogle, yes. Vice Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote for the motion to deny proposed Ordinance No. 99-4121 and to continue enforcing the City's BOOK 48 Page 20668 02/20/01 6:00 P.M. BOOK 48 Page 20669 02/20/01 6:00 P.M. current regulations regarding prohibiting the parking of commercial vehicles in residential zone districts as amended to allow continued study of proposed revisions to the Zoning Code (1998) regarding the parking of commercial vehicles in residential zone districts. Motion as amended carried (4 to 1) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes. The Commission recessed at 8:15 p.m. Commissioner Quillin left the Chambers and the Commission reconvened at 8:27 p.m. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4272, AMENDING CHAPTER 21 OF THE CITY CODE, OFFENSES, SECTION 21-128 PERTAINING TO SKATEBOARDING; AMENDING SUCH SECTION TO ESTABLISH REGULATIONS FOR FREESTYLE BICYCLING AND SCOOTING; PROVIDING FOR DEFINITIONS AMENDING THE PENALTIES FOR VIOLATION; PROVIDING FOR THE IMPOUNDMENT OF SKATEBOARDS OPERATED IN PROHIBITED AREAS AND FOR THE IMPOUNDMENT OF BICYCLES AND SCOOTERS USED FOR FREESTYLE BICYCLING OR SCOOTING; PROVIDING FOR NOTICE AND HEARINGS TO BE CONDUCTED BY THE SPECIAL MASTER WITHIN CERTAIN TIME LIMITATIONS; PROVIDING FOR IMPOSITION OF AN ADMINISTRATIVE CIVIL PENALTY AND HEARING COSTS FOR THE UNLAWFUL USE OF SKATEBOARDS, BICYCLES AND SCOOTERS AS SET FORTH HEREIN; PROVIDING FOR THE DISPOSITION OF UNCLAIMED SKATEBOARDS, BICYCLES AND SCOOTERS; PROVIDING FOR APPEAL OF FINAL ORDERS; REPEALING SECTION 33-193 OF THE CITY CODE; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #2 (1480) through 3 (0619) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4272 pertains to the regulation of skateboarding, freestyle bicycling, and scootering in the City. Vice Mayor Hogle stated that the City has been working diligently to have a proposed skateboard park built in the City; that the City and County Administrations have been working together and will tentatively hold two public meetings in March 2001; that one public meeting will include the presence of Tim Payne from Team Pain, Enterprises, Inc. (Team Pain) to assist with the presentation; that proposed Ordinance No. 00-4272 is being considered due to property damage in the Downtown; that the attempt is to prevent Eurther damage; that proposed Ordinance No. 4272 is a step forward; that the proposed skateboard park is moving forward; that the Commission would like to hear the comments of skateboarders but also honors the property rights of citizens. Commissioner Quillin returned to the Chambers at 8:29 p.m. E. J. Whitehead, Deputy Chief of Police, Sarasota Police Department (SPD), came before the Commission and stated that the public hearing regards proposed Ordinance No. 00-4272 which concerns Skateboarding; that the proposed ordinance makes restrictions regarding skateboarding in the Downtown more enforceable and makes Skateboarding in the Downtown less attractive; that a problem currently exists with compliance of skateboarders and the damage caused to property by skateboarders and freestyle bicyclists; that proposed Ordinance No. 00-4272 includes the same regulations which have been in effect for many years; however, the fine for Skateboarding violations within the City has been increased; that the regulation of freestyle bicycling and scootering has also been included in the proposed ordinance; that a provision for a hearing conducted by a special master, which will allow SPD to seize bicycles, scooters, and skateboards used illegally in the City, is included in the proposed ordinance; that fines may be appealed by the plaintiff; and referred to the impoundment and hearing provisions in proposed Ordinance No. 00-4272 as follows: (h) Impoundment (1) to provide for a supplemental method of enforcing this section by providing for the impoundment of skateboards, bicycles, or scooters used in violation of this section and the assessment of civil fines and costs against the owners thereof. (4) Preliminary Hearing a. Within five business days of receipt of the notice of seizure, any owner may request a preliminary hearing, by delivering to the city, at the address set forth in the notice, a written request for a preliminary hearing. Mayor Pillot opened the public hearing. The following people came before the Commission: BOOK 48 Page 20670 02/20/01 6:00 P.M. BOOK 48 Page 20671 02/20/01 6:00 P.M. David Melinsky, 2050 61st Street (34243), stated that the discussions concerning skateboarding have been ongoing; that repeatedly speaking before the Commission concerning the same topic is an unfortunate task; that personal involvement in skateboarding has been for 11 years; that the issues concerning skateboarding have not been resolved for either the skateboarders or the Downtown business owners; that skateboarders do not desire to skateboard in the Downtown; that skateboarding is a growing and popular sport; that more skateboarders exist and are skateboarding in more areas; that some skateboarders are still causing property damage; that damaging or vandalizing property is not supported; however, the proposed ordinance is not supported; that a solution to the damages in Downtown has been presented for years; that a skateboard park should be built; that the concept of a skateboard park has not been ignored but has been delayed for years; that most skateboarders do not skateboard in Downtown; that the proposed ordinance will generate funds through fines; however, the funds will not be distributed to the owners whose property has been damaged; that people get arrested for skateboarding; that the proposed ordinance will involve more citizens in the criminal justice system; that younger people will be involved in a life of crime over an issue as minor as skateboarding; that the proposed ordinance will teach younger people to hate, fear, and disrespect authority figures and police officers; that the fear of. impoundment, fines, and court will cause skateboarders to flee from police officers; that skateboarders should feel comfortable talking to police officers; that the actions of the City to enforce skateboarding in Downtown have not been positive; that a considerable number of skateboarders are still skateboarding in the Downtown area; that an alternative such as a skateboard park has not been offered; that a skateboard park has been proposed and is in progress; that the City has chosen to punish skateboarders for skateboarding; that the act of skateboarding is not wrong but rather the location chosen for Skateboarding is unacceptable; that skateboarders should be relocated and not discouraged from skateboarding; that a skateboard park is an excellent place for skateboarders to relocate creative energy; that a skateboard park will draw skateboarders daily and keep skateboarders off the streets; that skateboard parks work. Mr. Melinsky continued that the skateboard park in Venice, Florida, is popular; that some skateboarders utilize the park daily; that a skateboard park is opening February 24, 2001, in North Port, Florida; that the skateboard parks are not as near to the City as desired; that a large population of skateboarders lives in the City and should have a place closer to home to skateboard; that the skateboarding issue should be related to the loves, interests, and hobbies of the Commission; that the stereotype is people on motorcycles enjoy going fast; that motorcyclists who are caught speeding do not have the motorcycle impounded; that confiscating a skateboard seems wrong; that the desire is to change the stereotype of skateboarders being degenerates of society; that an article in the February 19, 2001, Sarasota Herald-Tribune, cited an example of property damage and the property owner erecting a fence to keep skateboarders away; that the damage discussed in the article did not seem to be the result of Skateboarding but rather senseless vandalism, which is personally opposed; that any person involved in skateboarding opposes vandalism, which attracts negative attention; that an alternative such as a skateboard park is encouraged; that the proposed ordinance does not solve the problem. Mayor Pillot stated that seeing the speaker is a pleasure; that the speaker's late father was a close personal friend who is missed. Matthew Piciulo, 3369 Huntington Place Drive (34237), stated that personal participation in skateboarding has been since the early 1980s; that personal employment is in law entorcement in Sarasota County; that the nature of the proposed ordinance addresses the damage issue; however, the realization skateboarding no longer solely consists of skateboarding down the sidewalk should be recognized if the sport is being penalized due to property damage; that skateboarding involves different stunts, tricks, and activities which are the substance of the sport and create passion; that personal professional competition in winter extreme sports began at the age of 16; that a large group of young people live in the City; that the amount of productive activities versus boredom and opportunity to do wrong should be balanced; that the positive focus and energy of children should be placed into another venture such as a skateboard park; that personal involvement was in a summer skateboard camp for children in New York; that the dues from the skateboard camp paid for repairs to the skateboard park; that a skateboard park has the possibility to control the level of street Skateboarding and the damage caused to property. BOOK 48 Page 20672 .02/20/01 6:00 P.M. BOOK 48 Page 20673 02/20/01 6:00 P.M. Mr. Piciulo continued that the proposed ordinance specifically targets freestyle bicycling, scootering, and skateboarding; that not including in-line skating is unfair; that in-line skating in a freestyle venue is not as visible as skateboarding; that the exclusion of in-line skating from the proposed ordinance should be examined; that a significant amount of positive energy can be generated by the development of a skateboard park in the City; that people can go to the skateboard park to watch skateboarding; that community organizations can use the skateboard park; that a skateboard park can keep skateboarders from utilizing property in Downtown; that the sport should be enjoyed and not inhibited. Nicole Turco, 2945 Williamsburg Street (34231), stated that the City has been tiptoeing around the issue of a skateboard park for over ten years; that skateboarding, freestyle bicycling, and aggressive in-line skating activities have increased along with property damage in Downtown; that the activities are gaining in popularity and will not fade away; that practice is involved, and skateboarders do not have a practice arena; that the Downtown area has become attractive to many skateboarders; that expanding the ban on skateboarding in the Downtown and raising fines will not stop the property damage; that the problem cannot be alleviated without examining the reasons for the property damage; that the Commission is aware of the reasons for the property damage after years of input from the public; that the Commission's lack of an agreement concerning skateboarding is not understood; that statistical data from other cities indicates property damage, tickets, and arrests dramatically decrease as skateboard parks are built; that the Commission knows the solution to the problem; that the proposed skateboard park should be completed. Paul Thorpe, 1818 Main Street (34236), Executive Director, Downtown Association of Sarasota, Inc. (Downtown Association), stated that the Downtown Association supported plans for a skateboard park in 1991; that the skateboard park is still being discussed over ten years later; that the merchants and business owners in Downtown are having property damaged and have a right to oppose skateboarding; that the speakers may not cause damage; however, damage is being caused to private and public property in the City; that Links Park has already received a significant amount of damage; that the proposed ordinance may remove some skateboarders from the area but is not the ultimate solution; that the proposed skateboard park should not be further delayed; that North Port and Venice, Florida, already have skateboard parks; that the City began discussing a skateboard park in 1989; that many meetings have been held with significant numbers of people in attendance supporting a skateboard park; that the Commission is not doing anything to further the building of the proposed skateboard park; that empty property exists in the City; that temporarily plywood ramps could be placed in a parking lot; that support can be received from the business community to eliminate the problem; that action should be taken immediately. Richard Sheldon, 526 South Osprey Avenue (34236), stated that a check was just presented to the City Auditor and Clerk to contribute to the construction of a skateboard park; that the business community should support the proposed skateboard park; that the same enthusiasm for the John Ringling statue should be applied to the proposed skateboard park; that $37,000 was allocated for the John Ringling statue; that the business community should let the skateboard community know the proposed skateboard park is supported; that signs posted in businesses will show support; that businesses can financially contribute to the proposed skateboard park; that the proposed skateboard park can be completed quickly. Mayor Pillot stated that Mr. Sheldon has issued a check payable to the City of Sarasota for the proposed skateboard park in the amount of $5,000; that sincere appreciation for the generosity is expressed. Domenick Falconetti, 6796 Erica Lane (34241), stated that as the parent of four children, the proposed ordinance is supported with one condition, i.e., enforcement should begin on the day the new skateboard park opens in the City; that passing the proposed ordinance before the skateboard park opens is unfair; that defacing and destroying City, County, and private property is not supported; that Florida has flat terrain; that beautiful weather lures children outside to test athletic skills at the expense of taxpayers; that skateboarding is growing tremendously as a sport; that children from the City as well as other areas are going to Tampa and Miami, Florida, to take advantage of the Skateboarding facilities; that many children in the City and County do not have the opportunity to travel to other cities and resort to skateboarding Downtown or on private property. Mr. Falconetti continued that children must practice daily to excel at a sport; that children require a location in which to practice skateboarding; that the immediate requirement of a BOOK 48 Page 20674 02/20/01 6:00 P.M. BOOK 48 Page 20675 02/20/01 6:00 P.M. skateboard park should be considered; that the City should construct a large park incorporating the children's desires; that children know the type of facility required for skateboarding; that the City should organize a committee consisting of children and professional skateboarders to provide input; that skateboarders will not be lured to the Downtown once a skateboard park is built; that steps like the Federal Building should be built in the skateboard park if desired by the skateboarders; that the City should begin enforcing the proposed ordinance on the day the new skateboard park opens in the City; that many skateboarders are good children and will have a place to go and stay out of trouble at the time the skateboard park is completed; that the City has many athletic facilities costing taxpayers millions of dollars; that the growing necessity for skateboard facilities exceeds other sports; that as a health and physical education major in college and former captain in the corrections department in New York City, New York, working with juveniles and adults, a dire need for activities for children of the community is seen; that the foundation of a mutual and healthy relationship between children and the community can begin with the consideration of the Commission; that the hope is the proposed skateboard park is completed quickly. Mikki Hartig, 3708 Flores Avenue (34239), stated that the remarks are being made as a parent and at the request of a 13- year-old son; that times change; that a son who is now turning 21 years old enjoyed playing Nintendo video games as a child; that a 13-year-old son enjoys skateboarding which is good; that children are not smoking, drinking, or vandalizing; that Downtown is not used for skateboarding by the 13-year-old son; that children build wood ramps at home and transport the ramps to front yards or into the street; that the street is not busy but does have some traffic; that the ramps in the street cause traffic problems; that children do not go Downtown but instead utilize the Paradise Plaza parking lot near the Publix Super Markets; that kids are desperate to skateboard and will find a location to skateboard; that the vandalism is not intentional but is rather a consequence of the sport; that the skateboarders use steps resulting in chipping and other damage; that children have been driven to the skateboard park in St. Petersburg, Florida, which is an inconvenience to parents; that the length of time to build a skateboard park in the City is wondered. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4272 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4272 on first reading. Commissioner Cardamone asked the reason in-line skating is not included in the proposed ordinance? City Attorney Taylor stated that inclusion of in-line skating was not requested; that in-line skating was not a problem at the time the proposed ordinance was drafted. Deputy Chief Whitehead stated that no complaints have been received concerning in-line skating. Commissioner Cardamone asked if in-line skating can be added to the proposed ordinance? City Attorney Taylor stated that in-line skating cannot be added to the proposed ordinance without beginning the process over. Commissioner Cardamone stated that adding in-line skating will not be requested. City Attorney Taylor stated that the proposed ordinance was not created out of volition; that a basis in fact must exist; that evidence concerning the damages caused in Downtown by skateboarding has been presented by SPD; that no record of damages by in-line skating has been presented. Commissioner Quillin stated that impounding is a concern; and requested clarification of the necessity of impounding. Deputy Chief Whitehead stated that no mechanism for impounding is currently available; that impounding was a major influence for making a change in the ordinance. Commissioner Quillin stated that the understanding is the fines are increased in the proposed ordinance; and asked if case law of impounding skateboards, scooters, and bicycles exists? City Attorney Taylor stated that the increased fines alone may be a reason to pass the proposed ordinance; that succéssfully prosecuting violations of the existing ordinance has been BOOK 48 Page 20676 02/20/01 6:00 P.M. BOOK 48 Page 20677 02/20/01 6:00 P.M. difficult; that impounding is the tool or mechanism which will make the proposed ordinance successful in dealing with the behavior resulting in property damage; that the proposed ordinance contains a tremendous amount of procedure for notices, preliminary hearings, final hearings, administrative postings, etc.; that the reason for the detail in the proposed ordinance is the elements are necessary by case law if impound is utilized; that impounding is backed by law as long as procedures are established for due process. Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that the proposed ordinance mirrors the procedures for impoundment of vehicles used in violation of prostitution or narcotics laws; that no case law exists concerning impoundment; however, many jurisdictions have such laws; that the United States Supreme Court requires providing a prompt, post- deprivational hearing, which is accomplished through the special master process, any time a seizure of property; that the special master has code enforcement hearings every Thursday; that having the hearings scheduled within several days of the request have not been a problem; that many hearings have been held concerning vehicle impoundment; that the process works well; that the hearing officer is independent and impartial; that the hearing officer sometimes finds in favor of the petitioner; that many times the hearing officer finds in favor of the City; that the process is legally comfortable. Attorney Singer continued that the impoundment of skateboards, bicycles, and scooters will be beneficial and a significant deterrent; that the persons using skateboards in violation of the proposed ordinance will realize the severity of the violation as the skateboard is confiscated immediately; that SPD has requested information concerning the propriety of holding a confiscated skateboard as evidence; that SPD has been advised by the City Attorney's Office confiscating a skateboard without just reason is inappropriate; that skateboard impoundment is a useful tool as due process is provided; that the right to appeal to the circuit court is also available; that the City Attorney's Office is comfortable with the proposed ordinance. Commissioner Quillin asked the administrative cost of the impoundment program? Attorney Singer stated that the administrative fine is $75 which was set based upon the recommendation of SPD; that a $25 fee is assessed if a hearing is requested; that the fee does not actually cover the cost of the hearing; however, the idea is not to exact an additional penalty but rather to allow a citizen the right to have a hearing at a reasonable rate. Deputy Chief Whitehead stated that the $75 fee is the impoundment fee which is equivalent to the $500 fee charged for vehicles impounded for drugs and prostitution use; that the total fee including a hearing would be $100. Commissioner Quillin asked the average cost of a skateboard? Ms. Hartig stated that the cost of a skateboard is approximately $200. Mr. Piciulo and Mr. Melinsky stated that the cost of a skateboard is approximately $150. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4272 on first reading. Vice Mayor Hogle stated that the impoundment involves parents and allows parents to promote better behavior by children; that the negative behavior will not longer cause damage to public and private property; that the proposed skateboard park will be moved forward as quickly as possible. Commissioner Cardamone stated that the discussion is wearying; that the requirement of two public hearings to hear the issues presented and repeated is not understood; that the location for a skateboard park has been identified; that the Vice Mayor has offered to raise $200,000 for the skateboard park; that private donors are supporting the skateboard park; that the issue should no longer be discussed but rather moved forward. Mayor Pillot asked if a second public hearing is required to pass the proposed ordinance? City Auditor and Clerk Robinson stated that the proposed ordinance does not require two public hearings but does require a second reading. Commissioner Cardamone stated that the proposed ordinance imposes impoundment and fines on the individuals who are causing severe damage to property; that damage can been seen at Links Park, the front of Selby Public Library, and the remaining old BOOK 48 Page 20678 02/20/01 6:00 P.M. BOOK 48 Page 20679 02/20/01 6:00 P.M. steps at City Hall; that not all skateboarders are responsible citizens; that the proposed ordinance will attempt to deter irresponsible skateboarders. Commissioner Quillin asked if a police officer must witness a skateboard being used to damage property to impound the skateboard? Deputy Chief Whitehead stated that the skateboard would have to have been used for an illegal act for impoundment; that the illegal act must be observed by a police officer. Commissioner Cardamone stated that skateboarding in a certain confined area is not permitted; that violators of the law will have skateboards impounded; that the act is illegal even if property is not damaged. Deputy Chief Whitehead stated that skateboarding in a area which is restricted is an illegal act; that carrying a skateboard Downtown is not an illegal act; that riding a skateboard Downtown is an illegal act which is subject to impoundment as observed by a police officer. Commissioner Quillin stated that cars are impounded if used in an illegal act; that situations have arisen concerning children carrying skateboards in the Downtown; that the problem concerns damaging of property; that impounding is not a problem if the police officer catches a skateboarder in the act of damaging property; that the proposed ordinance will not be personally supported; that the proposed ordinance may only be supported if enforcement begins the day the skateboard park opensi that while personally campaigning for Commissioner, many meetings were held with young people regarding the proposed skateboard park; that a skateboard park in the City is supported; that sites have been examined. Commissioner Quillin continued that young people do not want a passive skateboard park but rather the ability to hone skills at a skateboard park; that the skateboard park in North Port, Florida, will be personally visited; that the vote to place the skateboard park in Payne Park is not supported; that the personal recommendation was to use three acres at Bobby Jones Golf Course which is adjoined to the 17th Street ball fields; that property on 12th Street is owned by the City and is available; that the property is in an industrial area which could accommodate a large skateboard park which would not bother neighbors; that a brownfield on Dr. Martin Luther King, Jr. Way is available; that the area has a library, school, and commercial propertyi that the neighbors residing near Payne Park would like the park to remain passive; that the majority of Payne Park is currently a mobile home park which the City has not yet closed; that people are living in Payne Park; that the skateboard park is a $200,000 investment; that some open houses with professionals as speakers will be held in conjunction with the Sarasota County Parks and Recreation Department; that the professionals are the same consultants which designed the North Port, Florida, skateboard park. Commissioner Quillin further stated that three acres will be necessary to create a wonderful recreation area and skateboard park; that not just Payne Park but other locations should be examined as viable locations for a skateboard park; that skateboarders do not want a skateboard park which is only open until 10 p.m.i that some professional skateboarders would like a 24-hour skateboard park; that many skateboarders are young adults who work full-time jobs; that a mediocre park is not desired; that the finest skateboard park possible is desired; that all areas available in the City should be examined; that the construction of an exceptional skateboard park is possible; that 12th Street is an exciting area for a skateboard park; that the impoundment of skateboards, scooters, and bicycles is not supported. On motion of Commissioner Quillin it was moved to amend proposed Ordinance No. 00-4272 to become effective the day the proposed skateboard park is opened. Motion died for lack of a second. Vice Mayor Hogle stated that a second or third skateboard park is supported; that current discussion of an area other than the location at Payne Park dilutes the efforts; that Eunds should be raised for the proposed skateboard park in Payne Park; that raising funds for a second and third park are welcomed. Commissioner Mason stated that two sets of victims exist: 1) children and 2) business people; that the skateboarders will not be upset if the skateboard park is small; that other discussion can be held after the first skateboard park is completed; that proposed Ordinance No. 00-4272 is supported; that the Commission should leave the skateboarders with a commitment to complete the skateboard park by the end of 2001. Mayor Pillot stated that 31 years have been spent working with young people as a junior and senior high school teacher, senior BOOK 48 Page 20680 02/20/01 6:00 P.M. BOOK 48 Page 20681 02/20/01 6:00 P.M. high school principal, and superintendent of schools; that being associated with young people was a positive experience; that the Commission should have moved the construction of a skateboard park forward many years ago; that responsibility is taken for the failure; however, skateboarders do not have the right to destroy private property due to lack of a skateboard park; that no one has the right to exercise a hobby on private property due to the lack of facilities provided by the City; that even without damage, trespass on property is occurring. Mayor Pillot continued that a City Staff member was recently walking past the new bricks at the entrance of City Hall and overheard a Skateboarder indicating the desire to destroy the new bricks; that the individual does not represent skateboarders in general but rather represents individuals who disregard private and public property; that the cost of the renovations to City Hall is over $1 million; that being a teacher, principal, and superintendent was a privilege; that people indicating a right to exercise a hobby due to the lack of adequate facilities is not supported; that playing tennis on a privately owned court without approval is not acceptable; that swimming in a private pool without approval is not acceptable; that the young people are a source of pride; however, the destruction of public and private property is not excused. Commissioner Quillin stated that the destruction of property is wrong; that the proposed ordinance as written is a problem and is not supported; that impounding is not supported; that such ordinances would not be written if people were not destroying property. Mayor Pillot stated that all Skateboarders in the community can ensure a skateboard is never impounded by not violating the law. Commissioner Quillin stated that self-policing helps. Mayor Pillot agreed; and stated that a speeding ticket has not been received in many years as the speed limit is obeyed. Commissioner Cardamone stated that extreme damage requires extreme measures; that the damage to public and private property has been extreme; that the proposed ordinance deters damage and does not seek to remove skateboards and increase fines; that the proposed ordinance should discourage skateboarders from skateboarding in Downtown; that the fear is the skateboarders will return to privately-owned property; that skateboarding is out of control; that damaging property is not a right of skateboarders; that not all skateboarders damage property but the ones who do must pay. Mayor Pillot stated that laws concerning speeding and other traffic violations exist; and asked if police officers have discretion to ticket motorists? Gordon Jolly, Chief of Police, SPD, came before the Commission and stated that police officers have discretion. Mayor Pillot asked if police officers have discretion to enforce ordinances and confiscate skateboards? Chief Jolly stated that police officers have discretion; however the policy of SPD is to encourage enforcement in the central Downtown and Civic Center areas. Mayor Pillot stated that police officer discretion is supported; that police officers are trained, competent, and excellent servants of the City. Chief Jolly stated that strong enforcement is encouraged in areas affected by City ordinances; however police officer discretion is supported; that police officers are hired for good judgment. Mayor Pillot called for a vote on the motion to pass proposed Ordinance No. 00-4272 on first reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yes. Commissioner Cardamone stated that the returning skateboard speakers are invited to become part of a taskforce to design the proposed skateboard park; that the speakers' comments were impressive. Vice Mayor Hogle stated that the names and addresses of the speakers have been taken for the public record; that speakers can be contacted to serve on a task force. 10. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4293, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1677 SIXTH STREET, HISTORICALLY KNOWN AS THE ROBERT AND EMMA KENNEDY HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION BOOK 48 Page 20682 02/20/01 6:00 P.M. BOOK 48 Page 20683 02/20/01 6:00 P.M. ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 01-HD-01, APPLICANT MIKKI HARTIG, AS AGENT, FOR YOHANNAH L. ARMES, OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #3 (0619) through (0795) City Attorney Taylor stated Historic Designation Application No. 01-HD-01 as incorporated in proposed Ordinance No. 01-4293 is to historically designate the structure located at 1677 Sixth Street, historically known as the Robert and Emma Kennedy House; that the Applicant is Mikki Hartig, Historical &c Architectural Research Service, agent for Yohannah L. Armes, Owner; that the recommendation is to allow five minutes for the Applicant's presentation and three minutes for rebuttal; that the City will have five minutes for presentation and three minutes for rebuttal; that no persons have filed for Affected Persons status; that other interested persons will have three minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that the Applicant and the City will be afforded the opportunity to present evidence and expert witnesses and for cross- examination. Mayor Pillot stated that hearing the agreement of the Commission, the time limits are accepted; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Ms. Hartig stated that Historic Designation Application No. 01-HD-01 is to historically designate the single-family residence located at 1677 Sixth Street known as the Robert and Emma Kennedy House; that the building is a one-story, single-family, craftsman-style residential structure and was constructed in 1924; that the structure retains a high degree of original architectural integrity and provides an excellent and well-preserved example of the style and method of construction dating from the boom time development of the City during the early and mid-1920s. Ms. Hartig referred to displayed photographs of the home; and stated that the house has an offset partial whip screened front porch and double gable which is a separate front-facing gable roof; that the house has a brick chimney on the east wall; that the house was built in 1924 and 1925; that the house was originally owned by Robert and Emma Kennedy; that the current owner is Yohannah Armes; that the structure is significant of the style of architecture in the City; that the structure retains original design setting, location, and materials to a high degree. Mayor Pillot requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that the Historic Preservation Board recommended approval of Historic Designation Application No. 01-HD-01 at the December 12, 2000, meeting based upon the following criteria contained in Section IV-806, Zoning Code (1998): (4) Embodies the distinctive visible characteristics of a craftsman-style bungalow. Mayor Pillot stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4293 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 01-4293 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. BOOK 48 Page 20684 02/20/01 6:00 P.M. BOOK 48 Page 20685 02/20/01 6:00 P.M. 11. QUASI- JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4294, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1243 16TH STREET, HISTORICALLY KNOWN AS THE NORMA ZIEGLER FREEMAN HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 01-HD-02, APPLICANT MIKKI HARTIG, AS AGENT, FOR ERIC JURGIELEWICZ, OWNER) PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #3 (0795) through (0960) City Attorney Taylor stated that Historic Designation Application No. 01-HD-02 as incorporated in proposed Ordinance No. 01-4294 is to historically designate the structure located at 1243 16th Street, historically known as the Norma Ziegler Freeman House; that the Applicant is Mikki Hartig, Historical & Architectural Research Service, agent for Eric Jurgielewicz, Owner; that the recommendation is to allow five minutes for the Applicant's presentation and three minutes for rebuttal; that the City will have five minutes for presentation and three minutes for rebuttal; that no persons have filed for Affected Persons status; that other interested persons will have three minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Ms. Hartig stated that Historic Designation Application No. 01-HD-02 is to historically designate the single-family residence and wood-frame, single-car garage located at 1243 16th Street, historically known as the Norma Ziegler Freeman House; that the house was built in 1929 and is a one-story, single- family, craftsman-style residential structure; that the structure is wood-framed with drop-wood siding and rests on concrete blocks. Ms. Hartig referred to displayed photographs of the residence and garage; and stated that the front porch was being constructed by the new owner at the time of application; that the structure is similar to the Robert and Emma Kennedy house but was completed later, i.e., in 1929 or 1930; that the original occupant was Norma Ziegler Freeman, a member of a family who took an active role in the Sarasota community; that Ms. Freeman's father served as a Sarasota County Commissioner in the 1930s; that Ms. Freeman lived in the home with her children until the 1940s; that the structure is a well-preserved example of a crattsman-style bungalow. Mayor Pillot requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that the Historic Preservation Board recommended approval of Historic Designation Application No. 01-HD-02 at the December 12, 2000, meeting based on the following criteria contained in Section IV-806, Zoning Code (1998): (4) Embodies the distinctive visible characteristics of a crattsman-style bungalow. Mayor Pillot stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4294 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 01-4294 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. BOOK 48 Page 20686 02/20/01 6:00 P.M. BOOK 48 Page 20687 02/20/01 6:00 P.M. 12. CITIZENS - INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO RETURN A REPORT CONCERNING METHODS TO ACCOMMODATE ADDITIONAL ON-S STREET PARKING FOR BICYCLES, MOTORCYCLES, AND CARS (AGENDA ITEM V) #3 (0960) through (1262) The following people came before the Commission: Martin Rappaport, 1241 Tree Bay Lane (34242), was no longer present in the Chambers. Mayor Pillot read and entered into the record a letter from Mr. Rappaport indicating that the John Ringling birthday celebration was the idea of Dianna Corrigan, Executive Director of the St. Armands Circle Association and was made possible through the efforts of the Commercial Landowners Association of St. Armands, the St. Armands Residents Association, the St. Armands Circle Association, and the City and pledging a donation of $10,000 by the St. Armands Landowners Association to the City to use for improvements in the median at South Boulevard of the Presidents on St. Armands Key. Mayor Pillot stated that the efforts of Mr. Rappaport are appreciated; that the contributions of the various associations are also appreciated; that the $10,000 donation is welcomed. Paul Thorpe, 1818 Main Street (34236), Executive Director, Downtown Association of Sarasota, Inc. (Downtown Association), stated that the Downtown Association will make a donation toward the proposed skateboard park; that the hope is members watching the meeting will also make a donation to move the proposed skateboard park forward; that the parking situation in the Downtown is still a problem; that complaints are received daily concerning vehicles being towed from private lots after business hours; that discussions have been held with Staff and business owners; that business owners have been requested to charge for parking instead of banning parking in private parking lots; that The Sarasota Opera House and Selby Public Library are having problems with parking; that patrons of Selby Public Library are having vehicles towed; that discussion was held with the First United Methodist Church (Church) which has recently completed the building of a private parking lot; that unfortunately discussions with the Church to allow parking for the Festival of the Arts was unsuccessful; that the Church was encouraged to use the parking lot to generate funds for youth programs instead of allowing the almost 75 parking spaces to sit empty; that some business owners indicated the after-hours towing restriction will be lifted for special events; that the Administration has been working with the Downtown Association to move forward with the parking issue; that the Downtown Association is ordering large banners indicating the location of parking in the City; that Staff will assist with installing the signs in parking lots and strategic areas. Mr. Thorpe distributed copies of the budget for the New Year's Eve Downtown Celebration and stated that a meeting will be held with the Administration to discuss the budget. Mayor Pillot stated that meeting with the Administration is encouraged; that the work of the Downtown Association is appreciated. Commissioner Cardamone stated that Staff should examine the Downtown with a goal of finding at least 100 more parking spaces; that spaces at alley entrances and driveways may have only two or three cars per day and should be reviewed for additional parking spacesi that a successful Downtown should maximize available parking space; that the smaller cross-hatched areas should be designated for motorcycle and bicycle parking; that the shortage of parking is recognized; that the Engineering Design Criteria Manual (EDCM) standards may require modification to allow the development of additional parking if necessary; that Staff should return a report indicating methods to accommodate additional on-street parking for bicycles, motorcycles, and automobiles. Mayor Pillot stated that hearing the Commission's agreement, the Administration is requested to return a report concerning methods to accommodate additional on-street parking for bicycles, motorcycles, and cars. 13. UNFINISHED BUSINESS: DISCUSSION RE: PROPOSED O'LEARY'S COASTAL RENTALS LEASE AGREEMENT APPROVED THE LEASE AMENDMENT AS PRESENTED AND REFERRED THE REQUEST FOR FIVE- YEAR LEASE EXTENSIONS TO THE ADMINISTRATION WITH DIRECTIONS TO CONSIDER THE CONSTRUCTION AND PLACEMENT OF A SIGN BENEFITING BAYFRONT PARK, O'LEARYS, AND THE STEIGERWALDT- JOCKEY FOUNTAIN, ALSO CALLED THE CHILDREN'S FOUNTAIN, DURING NEGOTIATIONS (AGENDA ITEM VI-1) #3 (1262) through (2742) BOOK 48 Page 20688 02/20/01 6:00 P.M. BOOK 48 Page 20689 02/20/01 6:00 P.M. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Commission authorized Staff on October 2, 2000, to negotiate lease amendments to the lease with O'Leary Coastal Rentals, Inc. (O'Learys); that the lease agreement allows O'Learys to use the common area between the existing building and the new restrooms, provides for sale of products near the steigervalde-Jockey Fountain, also called the children's fountain, provides for City maintenance of the new restrooms which will result in elimination of the $5,400 credit to O'Learys to maintain the restrooms, and allows the sale of beer during community events. Mayor Pillot asked the location in which beer is sold for a community event? Mr. Schneider stated that: the sale of beer would be allowed outside in a location near the existing building; that patrons would be allowed to take .the beer to Bayfront Park. Mayor Pillot stated that the proposal is to allow the sale of beer during community events; and asked the locations of the community events. Mr. Schneider stated that the events would be in Bayfront Park; that O'Learys is requesting an extension to the existing lease; that the Commission has in the past used the criteria of significant capital improvements to a facility as a basis to extend an existing lease; that improvements proposed by O'Learys include replacing a deck, floor tile, and boat docks, installing air conditioning, and constructing a shade structure over an outdoor deck; that the improvements would be more typically classified as repairs rather than capital improvements; that no clear basis exists for Staff to recommend a lease extension based upon the intended improvements; that if the Commission wishes to grant an extension, the recommendation is the boat and dock improvements and shade structure be reviewed by the Development Review Committee (DRC) due to the close proximity to the waterfront setback; that the structures on the leasehold should be compliant with the Americans with Disabilities Act. Mayor Pillot stated that a lease which is still in effect should be amended by mutual agreement of the parties involved. City Attorney Taylor stated that the Administration has been working with O'Learys for some time; that part of the action necessary is to approve the document presented and signed by O'Learys; that discussion should also involve the decision to amend or not amend the lease to extend the term. Mayor Pillot stated that the assumption is the specific changes are mutually agreeable and subject to ratification by the Commission; and asked if refusal of the lease extension will negate the mutual agreement of the other items? City Attorney Taylor and Mr. Schneider stated no. Commissioner Cardamone asked for clarification of the $5,400 credit to O'Learys. Mr. Schneider stated that O'Learys has maintained the existing public restrooms over the term of the lease and given a $5,400 credit toward rent for maintenance of the restrooms. Commissioner Cardamone asked if O'Learys will continue to maintain the new restrooms? Mr. Schneider stated no; that O'Learys was offered the opportunity to continue to maintain the restrooms i however, O'Learys indicated maintenance of the restrooms is more costly than the $450 monthly or $5,400 annual credit received from the City and would not like to continue the maintenance. Commissioner Cardamone asked if the $5,400 would be retained by O'Learys? Mr. Schneider stated no; that the credit will be terminated at the time the new restrooms are opened. Vice Mayor Hogle asked the time frame for the proposed lease extension? Mr. Schneider stated" that the proposed lease extension is for two five-year periods. Robert Turffs, 1444 First Street (34236), Attorney, representing Lillian O'Leary, and Lillian O'Leary, 7363 Perriwinkle Drive (34231), came before the Commission. Attorney Turffs referred to a list of improvements which will be made at O'Leary's included in the Agenda backup material; and stated that the floor tile at O'Learys will be upgraded; that the BOOK 48 Page 20690 02/20/01 6:00 P.M. BOOK 48 Page 20691 02/20/01 6:00 P.M. current tile is vinyl; that a quarry tile is proposed for the floor; and distributed a sample of the quarry tile. Attorney Turffs continued that a covering for the deck outside the restaurant is proposed; that the air conditioning in the building will be entirely replaced; that the boat docks require extensive repair; that the request is for two five-year lease extensions to the current lease; that 14 years are remaining on the current lease which consists of four years of a five-year lease and two additional five-year extensions; that proposed upgrades will cost approximately $37,000; that discussions have been held with the City concerning jointly or individually posting a sign which would advertise O'Learys, Bayfront Park, and the Steigerwaldt-Jockey Fountain; that some people have problems finding the access to the Steigerwaldt-Jockey Fountain; that discussions with Staff concerning a sign are still in a preliminary stage; that Staff's suggestion the improvements are repairs of existing amenities rather than remodeling which would support a lease extension is recognized; that O'Learys received a lease extension approximately ten years ago as the outside deck was built and other painting done; that the repairs were of a similar nature to the improvements currently discussed; that the request is to consider the improvements as supportive of a lease extension; that the cost of the improvements may not seem high but are 80 to 100 percent of the annual profits from a business such as O'Learys; that the burden to O'Learys is significant. Mayor Pillot asked the number of years remaining on the existing lease? Attorney Turiis stated that two five-year extensions plus four years of a five-year extension remain. Mayor Pillot stated that the Administration's recommendation is not to approve the lease extension; and asked if 14 years still remain on the lease if the extension requested is not approved? Attorney Turffs stated yes. Vice Mayor Hogle referred to correspondence in the Agenda backup material from Marina Jack, Inc., recommending approval of the lease extension based on the improvements to O'Learys; and stated that O'Learys was visited; that the floor tile sample is similar to the tile being placed in City Hall; that the old floor tile is one-foot square linoleum; and asked the history of the City construction and the effect upon the business. Ms. O'Leary stated that the construction began in June 2000 and has been detrimental to business; that the construction of the restrooms will be completed in April 2001. Commissioner Cardamone asked the reason for the extensive construction time? City Manager Sollenberger stated that an answer is currently unavailable; that a report will be returned to the Commission. Commissioner Cardamone stated that the delay of the construction is upsetting; that promising a business construction will be completed in a timely manner and not following through is disappointing; that the Commission should have been notified of the delay in the construction earlier. Commissioner Quillin stated that Ms. O'Leary has spoken to some Commissioners in the past. Mayor Pillot stated that a meeting was scheduled with and canceled by Ms. O'Leary; that another meeting has not yet been scheduled. Commissioner Cardamone stated that the delay by the City in the restroom construction is unforgivable. Commissioner Quillin stated that the delayed construction was discussed at the time Staff approached the Commission concerning the filtration system for the steigerwaldt-Jockey Fountain; that the construction has been delayed due to the addition of a lift station; that O'Learys was visited; that loose construction debris is in the middle of the park which is upsetting; that the Commission approved $250,000 for a filtration system for the steigervaldt-Jockey Fountain which should have been completed by January or February 2001. Commissioner Cardamone stated that the park was visited; that other citizens have complaints concerning the construction equipment left in the park; that the lack of an answer from the Administration is troubling. City Manager Sollenberger stated that a report will be presented at the March 5, 2001, Regular Commission meeting. BOOK 48 Page 20692 02/20/01 6:00 P.M. BOOK 48 Page 20693 02/20/01 6:00 P.M. Mayor Pillot stated that the comments concerning the construction equipment are appropriate; however, going. to the City Manager immediately is more efficient than waiting until a meeting in which obtaining answers is difficult; that the City Manager has never failed to expeditiously return a response or correction. Commissioner Quillin stated that a sign was previously posted; that a sign should be redone; that the proposed improvements presented are normal maintenance; and asked if income is generated from the docks? Ms. O'Leary stated that O'Learys built, maintains, and insures the docks; that two rental boats are anchored at the dock and generate income. Commissioner Quillin asked the warranty on the canopy? Ms. O'Leary stated that the warranty is 10 to 12 years; that the manufacturer insures the canopy and will make repairs in case of damage. Commissioner Quillin asked the age of the air conditioning system? Ms. O'Leary stated that the air conditioning system was installed seven years ago and broke down two years ago; that the facility has not been air conditioned for two years; that the desire is to install a new air conditioning unit; that a compressor would have been an eyesore but will now be hidden by the new restrooms. Commissioner Quillin asked if air conditioning was in the building at the time of lease? Ms. O'Leary stated no. Commissioner Quillin asked the time the deck was installed? Ms. O'Leary stated that the deck was constructed by O'Learys ten, years ago; that the tables and benches will be replaced; that the deck will be upgraded, sanded, and sealed with acrylic; that. the desire is to ensure children will not get splinters from walking on the deck and to upgrade the indoor floor tile to a non-skid quarry tile which is more costly but more cleanly; that the desire is to make O'Learys more aesthetically pleasing. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to: 1) approve the lease amendment as presented, 2) refer the request for lease extensions to the Administration for consideration with the possibility of a joint sigh regarding the Steigerwaldt-Jockey Fountain, also called the children's fountain, Bayfront Park, and O'Learys, as part of the negotiations, and 3) provide for review of the boat dock improvements by the Development Review Committee. Mayor Pillot stated that the five-year extension should be referred to the Administration; that the construction and placement of a sign should be part of the negotiations between O'Learys and the Administration; and asked if the lease extension should be approved if the sign becomes part of an agreement between the parties? Vice Mayor Hogle stated yes. Mayor Pillot stated that three issues are presented in the motion; that the motion could be separated. City Manager Sollenberger stated that the Administration recommends approval of the lease amendment. Vice Mayor Hogle, as the maker, with the approval of Commissioner Mason, as the seconder, withdrew the motion. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve the lease amendment as recommended by the Administration. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to refer the improvements of the boat docks and shade structure to the Development Review Committee for review. Commissioner Quillin asked for clarification of the motion. City Attorney Taylor stated that the proposal concerning the improvements to the leasehold is supported by the Administration; that the lease extension was not supported and is a separate matter. Commissioner Cardamone asked if the DRC is customarily consulted concerning the installation of awnings? BOOK 48 Page 20694 02/20/01 6:00 P.M. BOOK 48 Page 20695 02/20/01 6:00 P.M. Mr. Schneider stated that the threshold for DRC review is improvements of $10,000 or more; that the shade structure and docks would qualify. Mayor Pillot stated that the motion is to refer the portions of the improvements which are routinely of concern to the DRC. Vice Mayor Hogle stated that is correct. Commissioner Quillin asked if the improvements will be reviewed by the DRC if the lease extension is not approved? Mr. Schneider stated yes. City Manager Sollenberger stated that Commission action is not necessary. Vice Mayor Hogle, as the maker, with the approval of Commissioner Mason, as the seconder, withdrew the motion to refer the improvements of the boat docks and shade structure to the DRC. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to refer the request for five-year lease extensions to the Administration with directions to consider the construction and placement of a sign benefiting Bayfront Park, O'Learys, and the steigervaldt-Jockey Fountain, also called the children's fountain, during negotiations. Mayor Pillot stated that the motion does not indicate the five-year lease extensions are automatic if a sign is provided; that the motion refers the request for five-year lease extensions to the Administration. Commissioner Quillin stated that the sign is the City's responsibility; that the tenant can upgrade an existing sign at personal expense; however, a sign was pre-existing and was removed by the City; that the sign was not replaced by the City and is the City's responsibility rather than a leveraging point of negotiation. Commissioner Quillin continued that any improvements by the tenant typically remains with the property; that the shade structure is liked but only has a 10- to 12-year warrantyi that the existing lease has 14 years remaining; that the City can enhance the area with a sign; that the sign should be owned by the City so a new name can be posted if O'Learys is dissolved; that some proposed improvements are normal repairs; that the upgrade of the floor tiles can be negotiated but is not enough for the extension of a lease; that the extension of the lease is not supported. Mayor Pillot called for a vote on the motion to refer the request for five-year lease extensions to the Administration with directions to consider the construction and placement of a sign benefiting Bayfront Park, O'Learys, and the Steigerwaldt -Jockey Fountain, also called the children's fountain, during negotiations. Motion carried (4 to 1): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, no; Pillot, yes. 14. UNFINISHED BUSINESS: REQUEST BY THE BRIDGE TOO HIGH COMMITTEE, INC., THAT THE CITY OF SARASOTA JOIN IN SUPPORT OF THE PETITION FOR WRIT OF PROHIBITION FILED BY THE BRIDGE TOO HIGH COMMITTEE, INC., AND OTHERS IN THE FIRST DISTRICT COURT OF APPEAL - AUTHORIZED THE CITY ATTORNEY TO REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO AGREE TO ABATE FURTHER PERMIT PROCEEDINGS PENDING A FINAL DECISION OF THE CITY'S APPEAL TO THE FIRST DISTRICT COURT OF APPEAL (FIRST DCA) AND TO SUPPORT SUCH MOTION BEFORE THE FIRST DCA AS MAY BE NECESSARY TO FOLLOW THE CITY'S APPEAL AND AUTOMATIC STAY PROVIDED THE CITY INCUR NO EXPENSE IF FDOT REFUSES (AGENDA ITEM VI-2) #3 (2742) through 4 (0662) Richard Smith, Attorney, Nelson Hesse, Attorneys at Law, representing the Bridge Too High Committee, Inc. (BTH Committee), came before the Commission, distributed and read a letter dated February 20, 2001, to the Commission on the behalf of the BTH Committee, indicating that participating in the fight of the City, which is supported by the Florida League of Cities (FLC) and the 1,000 Friends of Florida, to force the Florida Department of Transportation (FDOT) to recognize the legitimate role of local government and citizens in the design and construction of major improvements such as the John Ringling Causeway Bridge is a pleasure; that the City, supported by the BTH Committee, is now before the First District Court of Appeal (First DCA) to challenge FDOT's illegal preconceived decision to replace the John Ringling Causeway Bridge with a fixed-span bridge which is longer, wider, and more expensive than necessary, without addressing the real traffic requirements of the barrier islands. Attorney Smith continued that FDOT's decision to build the bridge has been automatically stayed by the City's appeal to the First DCA pending a determination by the court concerning the BOOK 48 Page 20696 02/20/01 6:00 P.M. BOOK 48 Page 20697 02/20/01 6:00 P.M. legality of FDOT's decision; that FDOT has ignored the stay and sought to obtain permits to build the bridge as though the City's appeal did not exist; that the initial procedural effort by the BTH Committee to prohibit FDOT from moving forward with permitting was denied by the First DCA; that FDOT's attorneys agree all permitting proceedings should be abated pending a decision by the First DCA of the City's appeal; that the decision is based upon the acknowledgement by FDOT's attorneys the fight will be difficult if the permitting is not abated; that avoiding the risk of having a permit turned down is wise; that FDOT' S attorney's recommended to FDOT's administration to abate further permitting applications until the First DCA makes a decision concerning the City's appeal which is scheduled for oral argument on March 13, 2001. Attorney Smith further stated that the BTH Committee filed a petition for a Writ of Prohibition (Writ) with the First DCA on February 12, 2001, to prohibit further proceedings concerning the decision of the Southwest Florida Water Management District (SWFWMD) to issue a permit to FDOT for the construction of a fixed-span bridge to replace the current John Ringling Causeway Bridge; that an administrative challenge to the SWFWMD decision was filed by the BTH Committee and other concerned parties; that the petition is a proceeding distinct from the pending SWFWMD permit challenge and the pending appeal by the City and the BTH Committee; that the City is not a party to the petition or the SWFWMD permit challenge; that the BTH Committee requests the City's support. Mayor Pillot stated that FDOT's attorneys used the word "abate"; that the word "abate" is less stringent than the word "stay"; that the word "abate" could mean "to lessen"; that an automatic stay comes into existence at a certain time; and asked if the word "abate" rather than the word "stay" is purposely used by FDOT's attorneys until the First DCA rules? Attorney Smith stated that using the term l"abate" indicates a product of agreement; that the térm "stay" indicates a condition imposed by a court; that FDOT does not recognize the automatic stayi however FDOT's attorneys are recommending abatement of Eurther litigation over permitting as an agreement s0 the First DCA can move forward in a timely, orderly manner to rule on the City's appeal. Mayor Pillot asked the effect if FDOT's administration agrees with FDOT's attorneys? Attorney Smith stated that the permitting process will cease; that the permit is to demolish the current John Ringling Causeway Bridge and build and operate a new high fixed-span bridge; that FDOT must go through a formal administrative hearing, in which a challenge will be presented by the BTH Committee, to move forward with the permitting; that FDOT's attorneys recommend waiting to debate the permitting until aiter the legality of FDOT's decision to build a high fixed-span bridge is determined. Mayor Pillot stated that the First DCA will hear the case on March 13, 2001; that additional time will pass prior to receiving a decision. Attorney Smith stated that First DCA decision should be issued prior to any further action concerning the permitting. Mayor Pillot stated that the permitting process will be on hold until the First DCA issues a decision. Attorney Smith stated that is correct. Mayor Pillot stated that FDOT's recommendation to abate action concerning the permits will not delay the First DCA decision. Attorney Smith stated that is correct. Vice Mayor Hogle referred to the First DCA's decision concerning the petition for the Writ indicating "Per curium. Denied"; and asked for clarification. Attorney Smith stated that the petition for the Writ was denied. Vice Mayor Hogle stated that the last correspondence seen from FDOT was a January 30, 2001, letter from FDOT's Director of Production to the Executive Director of the Sarasota/Manatee Metropolitan Planning Organization (MPO) indicating replacement construction of the John Ringling Causeway Bridge is on hold due to the administrative hearing concerning the SWFWMD permit; and asked if documentation from FDOT is available confirming FDOT's position as indicated in the February 20, 2001, distributed earlier. BOOK 48 Page 20698 .02/20/01 6:00 P.M. BOOK 48 Page 20699 02/20/01 6:00 P.M. Attorney Smith stated that FDOT's attorneys indicated in a telephone call the recommendation was sent to the FDOT Secretary; that FDOT's attorneys indicated the decision was made to avoid the unnecessary expense of preparing for a hearing concerning permits which may ultimately be moot depending on the decision by the First DCA; that the real issue is if FDOT's administration will follow the advice of FDOT's attorneys; that recently FDOT indicated no preconceived ideas regarding a bridge to Anna Maria Island; that an opportunity is being provided to FDOT to demonstrate a willingness to work with local governments and citizens; that the request of the BTH Committee is to authorize the City Attorney to: 1) notify FDOT the Commission recommends FDOT agree to the abatement suggested by FDOT's attorneys and 2) support such motions before the First DCA as may be necessary to uphold the City's appeal and automatic stay provided the City incurs no expense; that FDOT is being provided the opportunity to do the right thing. Vice Mayor Hogle stated that the presentation is interesting; however, no written statements have been received from FDOT; that a decision will be received after the March 13, 2001, First DCA proceeding regardless of any Commission action absent a motion to withdraw the lawsuit. Attorney Smith stated that the City has taken an appeal and therefore has a stay under State law as a matter of law; that the City is faced with a situation in which FDOT may or may not desire or agree to recognize the City's right as an appellant; that the stay should be automatically enforced. Mayor Pillot stated that the request before the Commission is to: 1) request FDOT's administration heed the recommendation of FDOT's attorneys and 2) authorize the City Attorney to support a motion before the First DCA to follow the law if FDOT fails to heed the recommendation. Attorney Smith stated that is correct. Rebecca Bolletti, 215 Seagull Lane (34236), was no longer present in the Chambers. Dr. Lawrence Ludwig, 122 Seagull Lane (34236), was no longer present in the Chambers. Gilbert Waters, 1580 Hillview Drive (34234), stated that no automatic stay is required under State law; that SWFWMD and the US Coast Guard have already issued permits; that the petition of the BTH Committee was denied; that the process is moving forward; that the Commission is commended for looking to the First DCA for a final determination concerning a bridge which should have been under construction after the funds were first appropriated in 1995; and quoted a letter sent by a neighbor to the Sarasota Herald-Tribune as follows: On Sunday, February 18, 2001, my wife had [an] emergency and I had to rush her to the City from Longboat Key. The bridge was up. It took us 24 minutes to get from the south end of Longboat Key to US 41. Fortunately she has survived but how many of those things happen daily because we have a bridge which was declared obsolete nine years ago? Mr. Waters continued that the technicalities of abstract law are being debated; that the attempt is to take care of constituents, neighbors, and visitors; that the First DCA should be encouraged to move the process forward and encourage construction as soon as possible if the lawsuit is not withdrawn; that the proposed bridge will cost $67 million due to the six-year delay; that everyone in the minority is trying to drag the process out as the costs will be increased if the lawsuit is extended; that the lawsuit is damaging to the community; that the proposed bridge is supported. Commissioner Mason left the Chambers at 10:45 p.m. for an early morning flight to attend a meeting of the State Legislature committee considering the City's request for an Enterprise Zone. Vice Mayor Hogle requested legal comment concerning the February 20, 2001, letter. City Attorney Taylor stated that the issue reflected in the February 20, 2001, letter concerns FDOT and the permitting process; that the Commission has elected not to participate in the permitting process, which is being challenged by the BTH Committee and individual citizens; that the petition was also filed in the name of the parties to the permitting process; that the request is to agree to FDOT's abatement regarding a permitting process which has not involved the City previously; that the City is being requested to become involved in pending matters; however, the involvement would be minor; that involvement will not take considerable effort if the Commission BOOK 48 Page 20700 02/20/01 6:00 P.M. BOOK 48 Page 20701 02/20/01 6:00 P.M. wishes to pursue having the permitting aspect placed on hold until the First DCA issues a decision; that the Commission may also decide to make no Eurther commitment. Mayor Pillot stated that the BTH Committee indicated in writing the City will incur no expense. Commissioner Cardamone asked for a restatement of the request. Mayor Pillot stated that the Commission is being requested to: 1) ask FDOT to heed the recommendation of FDOT's attorneys to abate the permitting process and 2) authorize the City Attorney to support a motion before the First DCA to require FDOT's administration heed the advice of FDOT's attorneys if FDOT does not agree to do sO voluntarily. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to: 1) authorize the City Attorney to request the Florida Department of Transportation (FDOT) agree to abate further permit proceedings pending a final decision of the City's appeal to the First District Court of Appeal (First DCA) and 2) support any necessary motions before the First DCA to uphold the City's appeal and an automatic stay if FDOT refuses provided the City incur no expense. Commissioner Quillin asked if the City is involved in a lawsuit concerning the John Ringling Causeway Bridge? City Attorney Taylor stated that the City is involved in an appeal of a decision. Commissioner Quillin stated that the City should not withdraw from an appeal of a State agency's decision the City has no standing; that withdrawing from an appeal concerning the City's ability to challenge a State agency is not supported; that a stay should have been received at the time the appeal was taken with the First DCA. City Attorney Taylor stated that is correct. Mayor Pillot stated that the point is important; that a speaker indicated no automatic stay exists in the case; and requested legal clarification. City Attorney Taylor stated that the case is not being personally presented; therefore, a general answer will be provided; that an argument could be made against an automatic stay with appropriate supporting evidence; that the existence of any supporting evidence is not known. Commissioner Quillin stated that FDOT's attorneys have indicated the permitting process should be abated pending a decision by the First DCA; that communications between attorneys concerning possible recommendations happens frequently. Mayor Pillot stated that the Commission will be voting on the motion shortly; and asked the citation concerning the automatic stay? Attorney Smith stated that the citation is Rule 9.310 (b) (2), Florida Rules of Appellate Procedure, and quoted as follows: Public bodies, public officers. The timely filing of a notice of appeal shall automatically operate as a stay pending review when any public officer in an official capacity, board, commission or other public body seeks review. Mayor Pillot stated that the word "shall" does not allow discretion. City Attorney Taylor stated that is correct. Vice Mayor Hogle referred to the February 12, 2001, petition included in the Agenda backup material and stated that petition is specifically to effectuate the automatic stay during the pendency of the appeal proceedings before the First DCA; that the decision of the First DCA was issued on February 16, 2001, and was to deny the petition; that the February 20, 2001, letter was just received; that no information has been received to support any change of position; that the matter should be referred to the City Attorney for a report back; that action based upon telephone calls with nothing in writing cannot be personally supported. Mayor Pillot quoted the decision of the First DCA as follows: Not final until time expires to file rehearing motion and disposition thereof if filed. Commissioner Quillin stated that the first part of the motion is to send a letter to FDOT to heed the recommendation of FDOT's attorneys; that the City Attorney can provide a report as to BOOK 48 Page 20702 02/20/01 6:00 P.M. BOOK 48 Page 20703 02/20/01 6:00 P.M. FDOT's response prior to progressing to the second portion of the motion; that nothing is in writing; that the motion could be amended. Commissioner Cardamone asked for clarification of the second portion of the motion. Mayor Pillot stated that the second portion of the motion indicates the City will join the BTH Committee in a motion before the First DCA to direct FDOT to follow the advice of FDOT's attorneys. Commissioner Cardamone stated that the motion is fairly innocuous as State law requires a stay; that FDOT's continuing with the engineering and designing of the bridge during the appeal is odd; that normally all action stops if an appeal is filed; that the motion is supported. Mayor Pillot called for a vote on the motion to: 1) authorize the City Attorney to request the Florida Department of Transportation (FDOT) agree to abate further permit proceedings pending a final decision of the City's appeal to the First District Court of Appeal (First DCA) and 2) support any necessary motions before the First DCA to uphold the City's appeal and an automatic stay if FDOT refuses provided the City incur no expense. Motion carried (3 to 1) : Cardamone, yes; Hogle, no; Quillin, yes; Pillot, yes. 15. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 01R-1342, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6 MILLION FROM THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; APPROVING THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; APPROVING THE EXECUTION OF AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VII-1) #4 (0662) through (0811) Gibson Mitchell, Finance Director, came before the Commission and stated that proposed Resolution No. 01R-1342 concerns the authorization of a loan in an aggregate amount not to exceed $6 million from the First Florida Governmental Financing Commission (FFGFC), approving the execution and delivery of a Loan Agreement with the FFGFC, providing certain other matters in connection with making such a loan, and approving the execution and delivery of a Continuing Disclosure Certificate, etc.; that at the December 18, 2000, Regular meeting, the Commission approved the borrowing of $4.8 million from FFGFC to fund. the continuation of the Main Street Streetscape Project from Orange Avenue to School Avenue and the construction of Lemon Avenue Streetscape south of Fruitville Road to Pineapple Avenue; that the first project is valued at $2.5 million; that. the second project is valued at $2.3 million; that the size of the bond issue is currently $5.415 million including a required $541,500 for a debt service reserve fund; that approval of $6 million is requested to assure approval of additional funds will be unnecessary; that both projects are identified as key projects in the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020); that proposed Resolution No. 01R-1342 is to approve the loan from FFGFC; that St. Petersburg, Florida, will be visited to select the team of underwriters to float the bonds; that the recommendation is to adopt the proposed resolution. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1342 by title only. City Manager Sollenberger stated that the Administration recommends adoption of proposed Resolution No. 01R-1342. Commissioner Quillin asked the interest rate? Mr. Mitchell stated that the interest rate is 4.45 percent. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to adopt proposed Resolution No. 01R-1342. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Pillot, yesi Quillin; yes. 16. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (0811) through (0811) BOOK 48 Page 20704 02/20/01 6:00 P.M. BOOK 48 Page 20705 02/20/01 6:00 P.M. There were no Commission Board and Committee Reports. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL CONTACT THE SEMINOLE GULF RAILWAY CONCERNING THE REMOVAL OF ACCUMULATED DEBRIS; STAFF WILL ATTEND A FEBRUARY 28, 2001, RECEPTION TO GATHER FURTHER INFORMATION CONCERNING THE CONSTRUCTION OF A SCALE MODEL OF DOWINTOWN AND TO REPORT TO THE COMMISSION (AGENDA ITEM X) #4 (0811) through (1276) COMMISSIONER QUILLIN: A. stated that construction was recently initiated on Ringling Boulevard between Shade and Tuttle Avenues; that sidewalks, curbs, gutters and intersection improvements are being installed; that the sidewalks will especially be appreciated by the public and will receive significant use. Vice Mayor Hogle stated that tracks from vehicles were recently noticed in the yard of a residential property near the Ringling Boulevard construction; that further tracks should be prevented if possible; that the Administration should examine vehicular traffic in the Ringling Boulevard construction zone; that additional signage or reflectors could be installed to warn vehicles of the Ringling Boulevard construction zone. Commissioner Quillin stated that additional street reflectors were installed on Ringling Boulevard to warn vehicles of the construction zone; however, the reflectors are installed on the surface of the street and are small; that vehicles frequently travel on top of the reflectors and make significant noise; that the complaints of the noise were received from nearby neighborhood residents; that approximately 146 vehicular citations were issued for speeding in the Ringling Boulevard construction zone; that further signage is required to warn drivers of the construction. Vice Mayor Hogle stated that the Administration should research various signage and other means to warn and Slow vehicles in the Ringling Boulevard construction zone. Commissioner Quillin stated that landscaped medians will be installed on Ringling Boulevard between Lime and Shade Avenues; that Ringling Boulevard will be narrowed significantly which will reduce the speed of vehicular traffic in the area. City Manager Sollenberger stated that the installation of additional street reflectors could increase noise; that additional street reflectors were recently installed on Orange Avenue near US 41; that vehicular traffic was slowed significantly; however, nearby neighborhood residents complained of the noise caused by vehicles traveling over the reflectors; that the City removed the reflectors. Commissioner Quillin stated that Ringling Boulevard and Main Street will eventually be redesigned to slow vehicular traffic; that the intersection of Jefferson Avenue and Ringling Boulevard could become a roundabout but should be redesigned to create additional green space; that the construction will significantly improve the area. B. stated that the Seminole Gulf Railway should be contacted concerning the accumulation of debris on local railroad tracks; that the weather has been dryi therefore, the danger of fire is significant; that the accumulation of debris on railroad tracks is a fire danger. City Manager Sollenberger stated that the Seminole Gulf Railway will be contacted to remove any accumulated debris on the railroad tracks. COMMISSIONER CARDAMONE: A. stated that the an art lecture at the Ringling School of Art and Design was recently attended; that a citizen attending the art lecture provided information regarding a February 28, 2001, reception from 3 to 5 p.m. in the Manatee County Commission Chambers; that the reception concerns the unveiling of a current representative model of Downtown Bradenton; that developers and builders can provide scale models to assist the public in visualizing any potential construction or development; that the architect of the model will be at the February 28, 2001, reception and could provide further information; that the City should construct a similar model of Downtown; that the public would appreciate and benefit from the ability to visualize any changes Downtown; that Tax Increment Financing (TIF) funds could be used to fund construction of a model; that Staff should attend the BOOK 48 Page 20706 02/20/01 6:00 P.M. BOOK 48 Page 20707 02/20/01 6:00 P.M. February 28, 2001, reception to gather further information. Mayor Pillot stated that hearing the Commission's agreement, Staff should attend the February 28, 2001, reception to obtain further information regarding the construction of a scale model of Downtown and report to the Commission Commissioner Cardamone stated that the model. of Downtown Bradenton also includes the waterfront along the Manatee River and a portion of the City of Palmetto. MAYOR PILLOT: A. stated that St. John's Cemetery recently received historic designation; that the historic designation ceremony was attended; that personally unveiling the historic designation plaque was appreciated; that sufficient local donations have been received to provide markers for all identified graves. Commissioner Cardamone stated that historic designation of St. John's Cemetery occurred shortly after a ceremony recognizing the cemetery's establishment and dedication. Commissioner Quillin stated that the restoration and dedication of St. John's Cemetery was completed through the significant volunteer efforts of the community. Mayor Pillot stated that St. John's Cemetery is important to the City's history and traditions and is an excellent example of the efforts of public volunteers to beautify the City; that the volunteer efforts of the public were unsolicited and appreciated. Commissioner Cardamone stated that St. John's Cemetery is still actively used which was personally unknown; that a burial occurred recently at the cemetery. B. stated that a prayer breakfast meeting will be held on February 22, 2001, at 7:30 a.m. and should be attended by Commissioners; that a public rally to welcome the players and management of the Cincinnati Reds to the City will be held on February 23, 2001, but will not be attended; that a Commissioner should attend to welcome the team. Vice Mayor Hogle stated that he and Commissioner Cardamone will attend the public rally for the Cincinnati Reds. VICE MAYOR HOGLE: A. stated that Dennis Daughters, Director of Engineering/City Engineer, wrote an article as a guest columnist in the February 7, 2001, edition of the Sarasota Herald-Tribune concerning vehicular traffic congestion Downtown; that the column was excellent, represented the intentions of the City to calm traffic Downtown well, and is commended. B. stated that a report concerning the status of the renovations to the Van Wezel Performing Arts Hall (VWPAH) would be appreciated. Commissioner Quillin asked if a financial report concerning the status of the renovations to VWPAH was received? Vice Mayor Hogle stated yes. City Manager Sollenberger stated that mediation sessions are scheduled; that the attorneys of the disputing parties met with the assigned mediator on February 16, 2001; that a schedule for the mediation sessions was developed; that the mediation sessions will begin in March 2001; however, the precise dates of the mediation sessions are not presently known; that the information provided to the Commission in the financial report remains valid and unchanged; and asked if further information is required? Vice Mayor Hogle stated no. 18. OTHER ATIRBADADESTAIIVA OFFICERS - ADMINISTRATION TO DEVELOP A SCHEDULE CONCERNING THE CONSTRUCTION OF A SKATEBOARD PARK (AGENDA ITEM XI) #4 (1276) through (1583) CITY MANAGER SOLLENBERGER: A. stated that construction equipment was recently left at Bayfront Park but was removed; that a report will be provided at the March 5, 2001, Regular Commission meeting; that the City's procedures in managing contracted work resulted in leaving the construction equipment and the extended duration of construction at BOOK 48 Page 20708 02/20/01 6:00 P.M. BOOK 48 Page 20709 02/20/01 6:00 P.M. the Bayfront; that different procedures for managing construction contracts will be developed. B. stated that the Commission should direct the Administration to develop a schedule for the construction of a skateboard park if construction is desired by January 2002; that the concept of establishing a task force to examine the location and construction of a skateboard park was considered previously; however, a task force will only delay the construction of a skateboard park and should not be formed; that a design charrette should be held instead. Mayor Pillot stated that hearing the Commission's agreement, the Administration should develop a schedule for the design and construction of a skateboard park. City Manager Sollenberger stated that at the January 22, 2001, Workshop, the Commission determined the cost to. construct a skateboard park may exceed potential local donations; that a schedule and funding sources will be developed and presented to the Commission prior to consideration of the fiscal year 2001/02 budget; that the City could provide the necessary additional funds to complete construction of a skateboard park; however, certain project priorities will require modification; that the City's millage rate will not be increased to construct a skateboard park; that a report will be provided in 30 days. Commissioner Cardamone stated that a majority of the Commission desires the construction of a skateboard park at Payne Park. Mayor Pillot concurred and stated that an incident concerning . a contractor hired by the City to mill streets requires comment; that a citizen recently complained of the significant amount of dust stirred by a contractor milling streets; that the dust is a health concern; that the City Manager and Deputy City Manager were attending business meetings and were not available; that Staff is not responsible for the milling of streets by the contractor but was requested to remedy the problem; that the contractor was contacted and corrected the procedure; that the contracted work was finished quickly without further problems or delays; that the efforts of Staff to remedy the concerns of the public are appreciated and commended. City Manager Sollenberger stated that all issues regarding the procedures and practices of contractors hired by the City were discussed with Staff; that the City's procedures for managing contracted work have been revised; that management and completion of contracted construction in important public places will be supervised carefully and completed as quickly as feasible; that efforts will be continued to reduce inconveniences to the public. BOOK 48 Page 20710 02/20/01 6:00 P.M. BOOK 48 Page 20711 02/20/01 6:00 P.M. 19. ADJOURN . (AGENDA ITEM XII) #4 (1583) There being no further business, Mayor Pillot adjourned the Regular meeting of February 20, 2001, at 11:27 p.m. EA GENE M. PILLOT, MAYOR ATTEST: < PSCIA G. BEL LALY - ROBI PNEDN, CITY AUDITOR AND CLERK 0 90 .