MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 2, 1997, AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:04 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0004) through (0064) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. III A-4 and III A-5, Approval Re: Authorize the administration to purchase the Geraldine Ivory property located at 1322 Dr. Martin Luther King, Jr. Way, and amend the 1993-1994 Community Development Block Grant to provide funding for the basketball court lighting and the purchase of Geraldine Ivory's property B. Add under New Business, Item No. VIII-4, Discussion Re: Sarasota's Adult Use Ordinance No. 94-3792 On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MAY 19, 1997 = APPROVED (AGENDA ITEM I) #1 (0065) through (0069) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the regular City Commission meeting of May 19, 1997, are approved by unanimous consent. 3. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MAY 7, 1997 = RECEIVED REPORT; BOOK 41 Page 14682 06/02/97 6:00 P.M. BOOK 41 Page 14683 06/02/97 6:00 P.M. AFFIRMED PBLP APPROVAL OF SPECIAL EXCEPTION PETITION NO. 97-SE-04 (AGENDA ITEM II-1) #1 (0070) through (0348) Michael Taylor, Deputy Director of Planning and Development, Paul Costanzo, Chief Planner, and Ronald Annis, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Annis presented the following items from the Planning Board/Local Planning Agency's regular meeting of May 7, 1997: A. Petition No. 97-SE-04 Mr. Annis stated that Special Exception No. 95-SE-08 permits the use of three classrooms in the First Church of God building by the Mcclellan Park Day School, Inc., a private school located at 845 South School Avenue in the Residential, Multiple-Family (RMF-2) Zone District; that Petition No. 97-SE-04 is a request by the school to permit the use of the entire parcel as a private school; that the First Church of God is currently operating a grandrathered-in child-care facility on the site; that the structure contains 17 conventional classroom facilities and a 768 square-foot music room providing a total of 8,233 square feet for classroom use; that the proposed number of students is 274; that the PBLP found Petition No. 97-SE-04 consistent with the Sarasota City, Plan and adopted a resolution approving the special exception subject to the following: 1) the number of students is limited to 274 2) outdoor play behind Bay Street residences west of the school is not allowed 3) the petitioner will provide the requisite buffer between adjacent residential properties 4) the petitioner will remove the shell parking lot south of the existing parking lot once the First Church of God is no longer a tenant. Mr. Annis stated that no one spoke against the petition at the PBLP's public hearing. City Attorney Taylor stated that the Commission can affirm, reverse, or modify the PBLP's recommendation or set the special exception for public hearing; that absent Commission action, the PBLP's approval of Special Exception Petition No. 97-SE-04 will automatically take effect in 45 days. Mayor Pillot stated that the PBLP unanimously recommended approval of the special exception. Commissioner Cardamone stated that utilizing the entire First Church of God building as a private day school will enhance the neighborhood and alleviate the overcrowding in the three classrooms currently used by the Mcclellan Park Day School. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to affirm the PBLP's resolution approving Petition No. 97-SE-04. Commissioner Merrill stated that permitting the use of the First Church of God building as a private school by special exception is preferable to rezoning the property to a Medical, Charitable, Institutional (MCI) Zone District which was originally under consideration; that rezoning to an MCI Zone District would have allowed the development of the property as a medical clinic or another more intensive use under the MCI Zone District if the ownership changed in the future. Mayor Pillot called for a vote on the motion to affirm the PBLP's resolution approving Petition No. 97-SE-04. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. B. Request for Additional Travel Funds Mr. Annis stated that increasing the PBLP's Travel and Car Allowance budget to $5,000 for fiscal year 1997/1998 is requested to provide the Chairman or a designated member of the Board an opportunity to attend conferences, training sections, and American Planning Association (APA) meetings and to gain knowledge regarding planning strategies utilized in other parts of the country; that the Administration has recommended the travel budget for the PBLP, the Public Art Committee, and the Historic Preservation Board be increased to $7,500; that the ability of PBLP members to receive training and exposure to innovative planning concepts has been limited by budgetary concerns. Mr. Taylor stated that the APA holds State and National conferences; that increasing the travel budget will enable each PBLP member to attend at least one conference per year. Commissioner Patterson stated that in the minutes of the May 7, 1997, PBLP meeting, a member stated that the Commission opposes Board members traveling to conferences; that the Commission reduced the travel budget for Commissioners, Staff, and Boards when the City was experiencing financial problems several years ago; that the Commission recently reached consensus that Board members should travel for educational purposes; that the travel budget for the PBLP should be approved during the Budget process. City Manager Sollenberger stated that the Administration is recommending $7,500 be budgeted for distribution between the Travel and Car Allowances available for the PBLP, the Public Art BOOK 41 Page 14684 06/02/97 6:00 P.M. BOOK 41 Page 14685 06/02/97 6:00 P.M. Committee, and the Historic Preservation Board; that the recommendation can be reviewed during the Budget process. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to receive the report of the May 7, 1997, PBLP meeting and accept the Administration's recommendation to review the Travel and Car Allowance budgets for City Boards during the Budget process. Commissioner Cardamone stated that Commissioners, Staff, and Board members obtain beneficial information by attending out-of-town conferences; that she will support the increase in travel funds during the Budget process. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. BOARD ACTIONS: REPORT RE: ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY'S WORKSHOP MEETING OF MAY 21, 1997, CONCERNING REGULATION OF TELECOMKUNICATIONS TRANSMISSION TOWERS REFERRED TO ADMINISTRATION AND CITY ATTORNEY (AGENDA ITEM II-2) #1 (0349) through (0517) Michael Taylor, Deputy Director of Planning and Development, Paul Costanzo, Chief Planner, and Ronald Annis, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Annis presented the following item from the Planning Board/Local Planning Agency's workshop meeting of May 21, 1997: A. Regulation of Telecommunications Transmission Towers Mr. Annis stated that the regulation of telecommunications transmission towers has been addressed during two workshops by the PBLP; that action can be taken on the draft of the proposed ordinance at the next PBLP meeting; that two public hearings on the proposed ordinance must be held by the City Commission; that a public hearing by the PBLP to address the many questions expected from the public regarding telecommunications transmission towers and to expedite the matter can be held prior to the first reading by the City Commission; that direction from the City Commission is requested as to whether the PBLP should schedule a public hearing. Mr. Costanzo stated that a discussion regarding a possible six-month moratorium on the construction of telecommunications transmission towers is scheduled later in the Agenda under New Business, Agenda Item VIII-2. Commissioner Patterson stated that a consultant has discussed the issue of telecommunications transmission towers with the Sarasota Board of County Commissioners and the Venice City Commission, which placed a moratorium on development of the towers in Venice; that the City's control over the locating of telecommunications transmission towers may be limited; that Staff should solicit input from the consultant used by the other local jurisdictions. City Manager Sollenberger stated that Staff has met and discussed telecommunications transmission towers on two occasions with a consultant who is advising the City on other telecommunications matters; that the Administration recommends the regulation of telecommunications transmission towers be referred to the City Attorney and the Administration; that the services of a professional consultant will be retained. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to refer the proposed regulation of telecommunications transmission towers to the City Attorney and the Administration. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that Mr. Annis has served on the PBLP since May 1991, attending 29 meetings, and has the best attendance record of any PBLP member from January to December 1996; and thanked Mr. Annis for his support and concern. Mayor Pillot stated that after two terms, a Board member is not normally eligible for reappointment; that the Commission requested Mr. Annis to continue to serve due to his superb knowledge and input during the Land Development Regulations (LDRS) Update; that unfortunately, Mr. Annis was unable to continue; however, the Commission's willingness to set aside normal procedures is an extraordinary testimonial to his service. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, AND 3 = APPROVED (AGENDA ITEM III-A) #1 (0520) through (0635) Commissioner Merrill requested that Item No. 2 be removed for discussion. 1. Approval Re: Set for Public Hearing proposed Ordinance No. 97-4000, establishing the boundaries of the City as required by Article I, Section 3, Charter of the City of Sarasota (1996); adding to the Municipal boundaries those areas annexed into the City in 1996; setting forth findings; repealing ordinances in conflict; providing for severability of the parts hereof; etc. BOOK 41 Page 14686 06/02/97 6:00 P.M. BOOK 41 Page 14687 06/02/97 6:00 P.M. 3. Approval Re: Award of purchase order contract to Tri-Tech Construction & Design Company, Inc., Bradenton, Florida, (Bid #97-66) for the rest room renovations at the Ed Smith Sports Stadium Complex, located at 2700 12th Street On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item Nos. 1 and 3. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. Approval Re: Request for proposal: Financial Sustainability and the creation of an Economic Development Chapter for the incorporation into the City of Sarasota's Comprehensive Plan Commissioner Merrill stated that the City Manager should be congratulated for developing language which can be supported by the Commission regarding the Request for Proposals (RFPs) to retain a consultant to conduct a study of the City's economic future; that annexation, growth, and consolidation are controversial issues; that a long-term financial sustainability report should have been developed prior to recent Commission action; that such a report would have helped explain to the public the City's negotiations with the County to annex Southgate and the reasons why the proposed projects for funding by the ten- year extension of the L.O.S.T. were chosen; and asked the estimated cost of retaining a consultant to conduct the study? City Manager Sollenberger stated that a budget has not been developed; that the City will receive and evaluate proposals from consultants and then negotiate a fee; that the consultant's background, experience, and ability to complete a long-term financial sustainability study will be reviewed closely; that the City will ascertain the most qualified candidate for the project. Commissioner Merrill stated that the long-term financial sustainability study will be expensive; that a consultant will be required to study urban dynamics in the U.S. into the next century to determine the problems faced by the City; that similarity exists between the urban patterns and infrastructure needs existing in major cities throughout the country; that expending funds on a long-term financial sustainability study to determine the City's economic future is a wise decision. Commissioner Merrill continued that in the past, he has proposed the City's problems may be solved by consolidation; that the City's growing problems should be addressed; that the study may or may not find that consolidation is the answer; that a long-term financial sustainability study which proves the City is not required to consolidate with the County will be worth the cost. Mayor Pillot stated that the intention of the RFP is to retain a consultant to develop an Economic Development Chapter in the Comprehensive Plan to address the future financial strength of the City and how economic development can best be achieved. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item No. 2. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-986) ADOPTED; ITEM 2 (RESOLUTION NO. 97R-987) = ADOPTED (AGENDA ITEM III-B) #1 (0637) through (0691) City Auditor and Clerk Robinson read proposed Resolution No. 97R-986 in its entirety and proposed Resolution No. 97R-987 by title only. 1. Adoption Re: Proposed Resolution No. 97R-986, appropriating $10,000 from the Unappropriated Fund Balance of the General Fund to partially fund the Florida House Foundation strategic development initiative of a community based plan for economic redevelopment for the Sarasota North Area 2. Adoption Re: Proposed Resolution No. 97R-987, finding a subordination of utility interest, or interests, for construction or improvements to State Road No. 45 (U.S. 41) is for transportation purposes and is in the best interest of the City; Authorizing execution of a subordination of utility interest or interests in favor of the State of Florida Department of Transportation by the City; Providing for reading of this Resolution; (Title Only) On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 and 2. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. CITIZENS' INPUT CONCERNING CITY TOPICS: #1 (0693) through (1825) The following people came before the Commission: James Widick, 4615 Summerwind Drive (34234), representing the Sarasota Sky Pilots Disc Golf Club, stated that the Local Option BOOK 41 Page 14688 06/02/97 6:00 P.M. BOOK 41 Page 14689 06/02/97 6:00 P.M. Sales Tax (L.0.S.T.) Ad Hoc Task Force presented a list of improvements to Water Tower Park at the April 29, 1997, joint workshop with the City Commission; that the Sarasota Sky Pilots Disc Golf Club Proposed Improvements Committee reviewed the list of improvements recommended by the Task Force and has developed a conceptual plan to improve Water Tower Park within the same proposed budget of $545,000; that the Commission is requested to consider approval of the conceptual plan for incorporation in the proposed projects for funding by the ten-year extension of the L.0.S.T.; that that the Proposed Improvements Committee wishes to be included in any discussion held by the City regarding the Park; that the input from other interested parties in the City was solicited with minimal successi that he is a member of the Bayou Oaks Neighborhood, as are five other members of the Disc Golf Club; that Ryan Crosby, President of Bayou Oaks Neighborhood Association, informed him that the issue of Water Tower Park has received minimal attention from the Association and expressed appreciation to the Disc Golf Club for the improvements already accomplished. Mr. Widick continued that members of the Disc Golf Club are the only residents who have pursued or made any improvements to Water Tower Park in the past 20 years; that the County expended $13,000 for the purchase and installation of the existing equipment on the Disc Golf Course; that the members of the Disc Golf Course have used their own money to pay for other improvements to the Disc Golf Course; that the Disc Golf Club requires additional assistance and is interested in working with any parties interested in improving Water Tower Park. City Manager Sollenberger stated that funding for the development of a Master Plan for Water Tower Park has been included in the Administration's Fiscal Year 1997/98 Budget Proposal and budgeted in the proposed projects for funding by the ten-year extension of the L.O.S.T.; that the deteriorating water tower will be replaced in a location most conducive to the recreational use of the Park; that David Johnston, Landscape Architect, David W. Johnston Associates, who produced the Master Plans for Sun Circle at Sapphires Shores and Gillespie Park, will invite all parties interested in the development of Water Tower Park to participate in the development of the Master Plan. Mayor Pillot stated that interested parties will be noticed regarding the time, date, and location of meetings concerning the development of a Master Plan for Water Tower Park. city Manager Sollenberger stated that is correct; that members of the Sarasota Sky Pilots Disc Golf Club and the Bayou Oaks Neighborhood Association will receive notices of meetings at the onset of the planning process. Frank Martin, 6520 McKown Road (34240) Chairman, Sarasota Sky Pilots Disc Golf Course Proposed Improvements Committee, stated that a list of improvements for Water Tower Park was included in the L.0.S.T. Ad Hoc Task Force report presented to the Commission on May 19, 1997; that the report was reviewed and approved by the Proposed Improvements Committee; that the designation of Water Tower Park as a passive-use park does not reflect the growing use of the Park by the public; that Water Tower Park should be designated as an active-use park and restrooms installed; that security should be provided in the evening; that the installation of restrooms is the most important requirement particularly in view of the increasing number of female disc golfers. Mr. Martin continued that the following improvements are requested: 1) a fenced area enclosing part of the playground, 2) water fountains, 3) a walkway from the parking area to the pavilions and the restroom, 4) security lighting for the parking area, 5) new picnic equipment with barbecues and trash receptacles, and 6) benches; that water fountains are especially needed as none currently exist; that improvements to the Disc Golf Course are also requested; that members of the Sky Pilots Disc Golf Club cleared the palmettos covering the property by hand; that heavy equipment should be utilized to root rake the ground and install either grass or mulch for ground cover; that rain shelters would be beneficial as well as landscaping; that the existing pavilion which has holes in the roof should be replaced; that the entire facility should be improved. Mayor Pillot stated that Mr. Martin and the other members of the Sky Pilots Disc Golf Club have accomplished a great deal; that the members of the Disc Golf Club should meet with Mr. Johnston regarding improvements to Water Tower Park; that the Administration will then present a Master Plan to the Commission for approval. City Manager Sollenberger stated that is correct; that the Master Plan will also be reviewed by the Parks, Recreation, and Environmental Protection Advisory Board. Mayor Pillot asked when the master planning process study will begin? City Manager Sollenberger stated that if the funding is approved, the process will begin in the fall. Commissioner Patterson stated that the City plans to allocate $545,000 from future L.0.S.T. funds to improve Water Tower Park; that the improvements will be achievable only if the L.O.S.T. referendum passes; that L.O.S.T. revenues will be generated and distributed to various projects over a ten-year period. Commissioner Cardamone stated that disc golf is played in a beautiful hammock of trees in Water Tower Park; that the Park is BOOK 41 Page 14690 06/02/97 6:00 P.M. BOOK 41 Page 14691 06/02/97 6:00 P.M. a splendid piece of property in the middle of a neighborhood which resembles Myakka. Timothy Willis, 2133 Fifth Street (34237), representing Sarasota Sky Pilots Disc Golf Club, stated that the Disc Golf Club has 105 members and a Board of Directors; that the members of the Disc Golf Club are concerned with improving amenities at Water Tower Park for the entire community; that the Disc Golf Club has been active in the Park for over four years, clearing away overgrowth and developing a safe recreational facility; that on March 22 and 23, 1997, the first major tournament sanctioned by the National Professional Disc Golf Association was held; that being sanctioned by the national organization ensures international recognition. Mr. Willis continued that during the first major event, sponsored by 50 local businesses, the Golf Club applied for "C" Class classification, the basic class of tournament in the national organization; that the extensive local sponsorship resulted in the Golf Club's achieving a higher level of classification which should attract a better caliber of players and national sponsorship in the future; that disc golf is not a passing fad but a rapidly growing sport. Commissioner Cardamone requested clarification of disc golf. Mr. Willis stated that the basic rules in disc golf are the same as ball golf; however, rather than hitting a ball into a hole, a Frisbee or a disc is thrown into a "catcher" or basket; that the basket is a circular object on a pole over which chains hang down; that the chains are hit and the disc falls into the basket; that most of Water Tower Park is utilized by the 18-hole disc golf course; however, picnic areas also exist; that participation in the sport is inexpensive requiring only the purchase of a $7.00 disc. Ishmael Baal-Shem, 3709 43rd Avenue West, Bradenton (34210) representing the Sarasota Sky Pilots Disc Golf Club, stated that few places are available in the City which allow participation in an athletic endeavor at minimal cost; that Water Tower Park is open to residents of all ages; that the activities of the Disc Golf Club include three club tournaments per week as well as a women's and juniors' league; that four years ago, the Park was used primarily for illicit activities which are now virtually non-existent. Mr. Baal-Shem continued that the Disc Golf Club has contributed a great deal to improve the Park; that an international tournament is held each January; that the January 1996 tournament was the third largest in the State; that the January 1997 tournament was the third largest in the world; that the inclusion of the Golf Club on the Internet has attracted many out-of-town visitors; that $500 was donated to the Food Bank out of entry fees collected during the first major tournament sanctioned by the National Professional Disc Golf Association on March 22 and 23, 1997; that the Golf Club is involved in community outreach. Brad Nichols, 3165 Browning Street (34237), stated that property owners in Bellevue Terrace, located in the Phillippi Creek Basin, who were paying stormwater assessments of approximately $70, have been assessed an additional $70; that the assessment for funds which are apparently being used to improve other sections of the Basin will continue for 20 years; that the County received permission from the City Commission to assess property owners in the portion of the Phillippi Creek Basin located in the City; that residents of Bellevue Terrace are enduring serious drainage problems; that understreet drains on Browning Street require repair; that problems have been experienced for the last five years with the main drainage ditch running from Lockwood Ridge Road; that the Engineering Department is just now beginning to study the problems. Mr. Nichols continued that the Commission is requested to place a high priority on the drainage problems in Bellevue Terrace; that the Engineering Department informed neighborhood residents that resolving the drainage problems will cost $1 million; that the estimate of $1 million seems excessive as few sections of the drainage system require repair; that problems in areas with low elevation can be resolved with understreet drains; that stormwater drainage is a year-long problem. Mr. Nichols further stated that a great deal of funding has been expended in the City for window-dressing" while basic drainage requirements in Bellevue Terrace are not maintained; that although appreciation is expressed for the recent installation of sidewalks, sidewalks sometimes act as dikes to hold water on property rather than allowing run off; that allocating future L.O.S.T. funds for Hudson and Whittaker Bayous Basins has been proposed; that property owners in the portion of the Phillippi Creek Basin located in the City request relief. Mayor Pillot stated that stormwater issues were discussed at the L.O.S.T. workshop held earlier today and will be addressed further under Unfinished Business, Agenda Item VII-2; and requested the City Manager to provide a summary of the Commission's action regarding stormwater. City Manager Sollenberger stated that $2 million of future L.0.S.T. funds has been allocated for street underdrains projects in several neighborhoods; that the Engineering Department has evaluated and referred to the Public Works Department the suggestions enumerated in a recent letter received from Mr. Nichols; that many of the suggestions can be implemented to BOOK 41 Page 14692 06/02/97 6:00 P.M. BOOK 41 Page 14693 06/02/97 6:00 P.M. address some of the serious problems at minimal cost; that more substantial investment is required to address the overall problems existing in the Phillippi Creek Basin. Mayor Pillot stated that a high priority has been placed on stormwater problems; that problems throughout the City will be resolved on an equitable basis. Commissioner Cardamone stated that the Commission should be kept apprised of actions taken to resolve stormwater problems in the Phillippi Creek Basin; that some problems can be addressed on a short-term basis at minimal cost; that major infrastructure projects should be addressed on a long-term basis; that the Administration should remain in contact with Mr. Nichols. Commissioner Merrill stated that Browning Street floods extensively; that the portion of Lockwood Ridge Road north of Bahia Vista Street and near one of the main tributaries of Phillippi Creek remained under water for a couple of weeks during heavy flooding two years ago; that the Bellevue Terrace area is one of the few flood zones in the portion of the Phillippi Creek Basin located in the City. Commissioner Patterson stated that the County's expenditure in excess of $40 million in the Phillippi Creek Basin should be reviewed to determine if flooding of properties located in the City will be resolved; that the Administration should request a report from County Staff; that the Commission should be apprised if those residents will receive relief from the County. Commissioner Cardamone stated that many years ago, the Bellevue Terrace area experienced the worst structural flooding ever experienced in the City. Mayor Pillot stated that the flooding problems occurred in the early 1960s; that homes in the area had water halfway up to the first-floor ceilings; that most of the flooding was corrected by straightening out the turns and twists of Phillippi Creek causing the water to back up. 8. UNFINISHED BUSINESS: APPROVAL RE: AESTHETIC DESIGN SELECTION OF THE "CLASSIC CONTEMPORARY" BRIDGE CONCEPT AND THE SELECTION OF THE "NO THEME" PEDESTRIAN RAILING CONCEPT FOR THE RINGLING CAUSEWAY BRIDGE REPLACEMENT - POSTPONED THE DECISION ON THE BASIC DESIGN OF THE BRIDGE AS PRESENTED BY FEG: APPROVED SEEKING A LEGAL OPINION OF THE COMMISSIONIS PREROGATIVES FROM THE ATTORNEYS INVOLVED IN THE CORTEZ AND ANNA MARIA BRIDGES AND FROM ANYONE ELSE DEEM APPROPRIATE APPROVED PURSUING WHATEVER POLITICAL AVENUES AVAILABLE FOR OVERTURNING THE FDOT AND MPO DECISION AT THE STATE AND FEDERAL LEVELS; APPROVED HOLDING A CITYWIDE NON- BINDING REFERENDUM ON THE BRIDGE ISSUE IN THE FALL TO DETERMINE THE REAL EXTENT OF OPPOSITION TO A HIGH-LEVEL BRIDGE WITHIN THE CITY'S JURISDICTION: REQUESTED A REVIEW BY THE CITY ATTORNEY OF THE COMMISSION'S MAY 1, 1997, MOTION TO DETERMINE THE ACTUAL AUTHORIZATION PROVIDED TO THE FDOT CONCERNING NORTH BIRD KEY PARK AND WHETHER A POTENTIAL LEGAL ISSUE EXISTS (AGENDA ITEM VII-1) #1 (1920) through #3 (3160) City Attorney Taylor stated that this item has been agendaed with reference specifically to the Joint Project Agreement between the State of Florida Department of Transportation (FDOT) and the City of Sarasota which resulted in the Design Charette for the John Ringling Causeway Bridge Replacement Aesthetic Design Selection for a 65-foot, fixed-span bridge; that the City has two clear alternatives: accept or reject the Charette design; that delaying a decision further for sufficient reason would be a third option as the time within which the City must make a decision on the design is not explicit in the contract; however, a City decision on the design within a reasonable period following completion of the charette process is expected; that the contract is explicit that the City of Sarasota will be responsible for up to $182,700 in expenses for the Charette, and the FDOT will not be responsible for the post-charette activities outlined in the contract if the City fails to accept the design concept selected for the high-level, 65-foot bridge during the Charette. Commissioner Patterson asked if the Commission could accept a modified version of the Classic Contemporary design as an acceptable design for a high-level bridge and still maintain prerogatives to question legally or politically the high-bridge versus low-bridge decision? City Attorney Taylor stated yes; that the language and structure of the contract would not support an argument that the City's legal prerogatives were waived by participating in a design selection process which included pre-established criteria for a 65-foot, fixed-span bridge; that permits are required for any construction taking place within Sarasota Bay; that the contract would not be argued to have been a waiver on the part of the City of Sarasota of any rights to protect the environment and deal with those permitting issues as deemed appropriate. Commissioner Patterson asked if the City would become liable for the $182,700 if the Commission takes no action on the Charette design? City Attorney Taylor stated yes. Commissioner Cardamone stated that delaying a decision for additional information would not be viewed as taking no action or denying the Charette design concept. City Attorney Taylor stated that is correct. BOOK 41 Page 14694 06/02/97 6:00 P.M. BOOK 41 Page 14695 06/02/97 6:00 P.M. Commissioner Merrill stated that the City actually funded the charette process and will be seeking reimbursement from the FDOT. City Manager Sollenberger stated that is correct. A board display and wall banner of proposed modifications to the Classic Contemporary design were displayed in the Commission Chambers. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, distributed a handout containing conceptual drawings of potential modifications as well as response letters from Figg Engineering Group (FEG) and the Florida Department of Transportation (FDOT), and gave a presentation on the following issues raised by the Commission that the Administration was requested to review: Impacts of 6% grade versus a 5% grade Mr. Daughters stated that a response to the issues raised by the Commission was requested from Eugene Figg, President, Figg Engineers, Inc., a member firm of the Figg Engineering Group, the consultant hired to facilitate and coordinate the charette process. Mr. Daughters continued that the following is a summary of the response provided by FEG regarding the grade: A 5% grade is the maximum recommended by the Federal Highway Administration; however, 6% grades have been used in other areas. A 6% grade will further exaggerate the visual effect of the bridge as being steep and is not bike or pedestrian friendly. A 6% grade would reduce the bridge length and the amount of retaining wall; however, there would be no room to walk under the bridge on the Bird Key or mainland sides. Mr. Daughters stated that FEG recommends leaving the bridge as originally designed with a 5% grade so pedestrians can pass under both ends of the bridge. Commissioner Merrill stated that pedestrians can pass under the existing bridge; and requested clarification of the impact a 6% grade would have on pedestrian access. Mr. Daughters stated that the FEG analysis was based on a 6% grade on both the mainland and Bird Key sides of the bridge; that the ground-level landings of a bridge at a 68 grade would be closer to the water and approach land sooner than at a 5% grade. Commissioner Merrill stated that he does not follow the logic explained; and asked if a boardwalk made of pilings in the water could be constructed to provide pedestrian access under the bridge? Mr. Daughters stated that the City Engineering Department disagrees with FEG's analysis that pedestrian access would be prohibited on both sides and views the height of the structure at a 6% grade as sufficient to provide pedestrian access on the Bird Key side; that the FDOT proposal included filling in a portion of the land which extends into the water on the Bird Key side; that the amount of land which would have to be filled would increase at. a 6% grade, but a walkway for pedestrians could be provided; that the alternative proposal for a 6% grade on the Bird Key side and a 5% grade on the mainland side would provide for pedestrian access under the bridge on the Bird Key side as well as pedestrian and vehicular access under the bridge on the mainland side. Commissioner Cardamone stated that reference has been made that a 6% grade would not be conducive to biking and jogging. Commissioner Patterson stated that the Commission has also previously received input that a 5% grade is not bike or pedestrian friendly; that information regarding the grade percentages on other bridges in Florida should be provided. Commissioner Cardamone asked the grade of the Sunshine Skyway Bridge in St. Petersburg, Florida? Commissioner Merrill stated that the Sunshine Skyway Bridge has a 4% grade; that increasing the grade on the proposed bridge to 6% was. suggested as a means of reducing the length of the bridge; that he recently rode his bicycle with ease over the Dick Misener Bridge, formerly known as the Maximo Bridge, located north of the Sunshine Skyway Bridge on Interstate 275, which has a 5% grade; that an elderly couple and a family with younger children were also viewed riding with ease over that bridge; that Florida bridges with 5% grades are clearly being used by bicyclists and pedestrians; that riding a one-speed bicycle or tricycle over a bridge with a 5% grade may be difficult; however, most people ride multi-speed bicycles; that two Commissioners on the Sarasota-Manatee Metropolitan Planning Organization (MPO) indicated that difficulty was not experienced when they rode bicycles over a high-level bridge in Fort Pierce, Florida; that a guideline should not be set that a 6% grade is too steep without researching the actual impacts. BOOK 41 Page 14696 06/02/97 6:00 P.M. BOOK 41 Page 14697 06/02/97 6:00 P.M. Commissioner Patterson asked the effect increasing the grade to 6% will have in reducing the negative impacts to homes on Bird Key, specifically, pertaining to views of the retaining wall from homes on Seagull Lane? Mr. Daughters referred to and explained a drawing showing the length of sustained grade and profiles of slope for the Classic Contemporary design at a 6% versus 5% grade; and stated that FDOT has proposed construction of a bridge with a 5% grade on the Bird Key side and a 4.3% grade on the mainland side; that the alternative proposal is for a 6% grade on the Bird Key side and a 5% grade on the mainland side; that the differences based on length of sustained grade in feet would be as follows: 0-3.9% 4-4.9% 5-5.9% 6% 5- 4.3% 2,700 718 1,790 0 6- 5% 2,430 570 1,490 613 Mr. Daughters stated that the total length for which the grade will be greater than 5% on the FDOT proposal is 1,790 feet; that the total length for which the grade will be greater than 5% on the alternative proposal is 2,103 feet; that the difference is not substantial. Mr. Daughters stated that the height of the retaining wall measured from ground level and viewed from homes on Seagull Lane would be follows: House # 5% grade 6% grade 201 0.6 feet 0.3 feet 211 2.5 feet 0.8 feet 215 4.6 feet 1.1 feet 217 7.1 feet 1.5 feet 223 10.2 feet 1.8 feet 227 14.0 feet 2.9 feet 231 18.2 feet 5.7 feet Mayor Pillot asked if the point being made is that a 5% grade provides walls which are higher and less acceptable than at a 6% grade? Mr. Daughters stated yes; that the negative impact to the homes at 215, 217, and 223 Seagull Lane is substantially reduced by increasing the grade to 6%; that the benefit to the homes at 231 Seagull Lane, which has shrubbery along the property line, and 227 Seagull Lane, which has shrubbery and a privacy wall, is not as great. Commissioner Merrill stated that the benefit to the homes at 227 and 231 Seagull Lane should not be discounted; that a road which is 14 feet in height will be viewed above shrubbery which is probably no more than 10 feet in height. Commissioner Patterson asked the distance the road will be moved compared to the existing location? Mr. Daughters stated that the proposed roadway is much larger than the existing road; that the centerline will move 70 to 80 feet north. Mayor Pillot asked if the point being made is that the impact on the homes on Seagull Lane will be substantially decreased with a 6% grade? Mr. Daughters stated yes, in his opinion. Commissioner Merrill stated that citizens expressed a concern that the alternative proposal for a 6% grade may create a road that is "out of balance"; and asked if the Classic Contemporary design as prepared by FEG has a 5% grade on the Bird Key side and a 4.3% grade on the mainland side? Mr. Daughters stated that is correct; that the grade on the Charette design is not equal on both sides. Potential of narrowing the breakdown lanes Mr. Daughters stated that the 107-foot width of the bridge, including two 10-foot outside and two 6-foot inside shoulders/breakdown lanes, totaling 32 feet in width, was the criteria pre-established by FDOT and utilized by the Charette; therefore, a response directly from FDOT regarding the potential of reducing the width of any or all of the breakdown lanes was requested. Mr. Daughters referred to a letter dated May 29, 1997, received from Mike Peterson, District Design Engineer, FDOT, which read as follows: The FDOT Structures Design Guidelines require a minimum outside shoulder width of at least eight feet. However, it remains the Department's recommendation that the outside should remain at 10 feet to more adequately accommodate disabled vehicle needs, i.e., to serve as a "breakdown lane." Mr. Daughters stated that FDOT did not respond as to a minimum width for the inside shoulder. Mr. Daughters referred to conceptual drawings and explained Option A, the FDOT's proposal, and Option B, the City's recommended alternative: BOOK 41 Page 14698 06/02/97 6:00 P.M. BOOK 41 Page 14699 06/02/97 6:00 P.M. Option A: 107-foot wide cross section two 10-foot sidewalks two 10-foot outside shoulders (combining 5-foot bike lanes with a 5 foot shoulder to create a 10-foot breakdown lane) four 12-foot driving lanes two 6-foot inside shoulders Option B: 99-foot wide cross section two 10-foot sidewalks two 10-foot outside shoulders (combining the 5-foot bike lane with the 5 foot shoulder to create a 10-foot breakdown lane) two 12-foot outside driving lanes two 14-foot inside driving lanes essentially providing two 2-foot inside shoulders Commissioner Merrill asked if the option of reducing the outside shoulders to FDOT's minimum standard of 8 feet was reviewed? Mr. Daughters stated no. Commissioner Patterson asked if the 2-foot inside shoulders would be striped? Mr. Daughters stated no. Commissioner Patterson stated that stripes would provide a guideline and prevent motorists from driving too close to the concrete New Jersey barrier; that driving without stripes will be uncomfortable; and asked if FDOT would support Option B? Mr. Daughters stated that the question was posed and FDOT did not respond in the negative. Commissioner Merrill stated that the two-foot shoulder should be striped. Mr. Daughters stated that the standard is to place striping approximately 8-inches from the concrete barrier; however, the striping could be provided at the two-foot distance. Commissioner Cardamone stated that the existing bridge does not have breakdown lanes; that bridge is supposedly being replaced; however, the proposal is for a bridge three times the size of the current bridge; that the number of breakdowns which occur on the bridge are limited; and asked if FDOT's intent is to reserve sufficient width which will allow six lanes on the bridge in the future? Mr. Daughters stated no; that FDOT Structures Design Guidelines require a minimum outside shoulder of 8 feet; that the majority of roads have shoulders serving as breakdown lanes; that some of the City's shoulders are dual-purpose being used also as bike lanes. Mayor Pillot stated that 5 feet of each of the 10-foot outside shoulders on the proposed bridge will be utilized as bike lanes. Mr. Daughters stated that is correct. Vice Mayor Dupree stated that the width of shoulders on roads within the City are not all 8 feet. Mr. Daughters stated that is correct; that the widths of shoulders vary; that shoulders are not provided on some of the older roads and are only two-feet wide on more recently constructed roads in the City; that motorists traveling on a four-lane roadway may have difficulty passing a disabled vehicle parked in a two-foot breakdown lane. Commissioner Cardamone stated that the number of breakdowns which occur on the bridge is limited; that stalled vehicles can be pushed off the bridge; that the cost will be substantial to provide breakdown lanes which may not be necessary. Mr. Daughters stated that he has no reason to believe that FDOT would accept anything less than 10-foot outside shoulders. Commissioner Patterson asked if FDOT would accept reducing the inside shoulders from six feet to two feet? Mr. Daughters stated that FDOT's minimum width requirement applies only to the outside shoulders; that FDOT's failure to respond to the City's inquiry regarding the width of inside shoulders leads him to believe that criteria for inside shoulders does not exist. Potential of one 16-foot sidewalk in lieu of two 10-foot sidewalks Mr. Daughters stated that the following is a summary of the response provided by FEG regarding the sidewalk: One 16-foot sidewalk would result in some unbalancing of the bridge appearance and may cause difficulty for pedestrians crossing over at either end and with requirements for the handicapped. Consideration of an 8-foot sidewalk width on both sides is recommended as the best solution. Commissioner Patterson asked if FDOT is planning sidewalks on both sides of road leading to the bridge? BOOK 41 Page 14700 06/02/97 6:00 P.M. BOOK 41 Page 14701 06/02/97 6:00 P.M. Mr. Daughters stated yes; that, currently, the FDOT's preliminary drawings of the bridge, which are at 60% review, show 10-foot sidewalks on each side, as previously requested by the Commission. Mr. Daughters referred to the following FDOT response regarding the sidewalks: The FDOT Structures Design Guidelines specify that sidewalks shall be a minimum of 5 feet in clear width and may be located along one side of the bridge only. While the guidelines do allow for sidewalk on one side, the FDOT would not recommend it. Mr. Daughters referred to conceptual drawings and explained the following alternatives: Option A: 107-foot wide cross section two 10-foot outside shoulders (combining 5-foot bike lanes with a 5 foot shoulder to create a 10-foot breakdown lane) four 12-foot driving lanes two 6-foot inside shoulders two 10-foot sidewalks Option C: 94-foot wide cross section two 10-foot outside shoulders (combining the 5-foot bike lane with the 5 foot shoulder to create a 10-foot breakdown lane) two 12-foot outside driving lanes two 14-foot inside driving lanes essentially providing two 2-foot inside shoulders One 16-foot sidewalk serving as a pedway on the north side of the bridge, 8 feet utilized by bicyclists and 8 feet utilized by pedestrians Mr. Daughters stated that one 16-foot sidewalk versus two 10-foot sidewalks would result in a 5-foot reduction in bridge width. Commissioner Merrill asked if the potential exists to raise the concrete by approximately three inches, e.g., creating a "Miami gutter" effect, and/or making a material change which would provide a separation of the bike lane and shoulder allowing the bike lane to serve also as a sidewalk while maintaining the ability for vehicles to pull over into the entire 10-foot lane? Mr. Daughters stated that FDOT requires a protective barrier between vehicles and walking pedestrians on bridges; that the barrier required would prevent use of the 10-foot area as an outside shoulder/preakdown lane; that bicycles are considered alternate modes of travel and separation from vehicles is not required; that sidewalks on roadways have an 8-inch curb and commonly are distanced from the roadway by a parkway of grass between the curb and the sidewalk; that the requirement for a protective barrier on bridges is supported from a safety perspective. Potential of overlook/focal point Mr. Daughters stated that the following is a summary of the response provided by FEG regarding the overlook: Aesthetically, the overlook could detract from the design of the bridge and also will creates the unsafe situation of inviting people to congregate 75 feet in the air. Utilizing the 10-foot sidewalks as an overlook is recommended. Mr. Daughters referred to and explained a dimensional drawing of the Administration's recommendation to provide a single pedestrian walkway (pedway) with a protruding overlook area and pedestrian features, i.e., benches, trash receptacles, and a drinking water fountain. Mr. Daughters stated that two overlook areas could be supported if necessary to balance aesthetics; that an overlook would make the bridge more inviting to pedestrians, provide for beautiful views of the bay, and potentially serve as a resting area. Commissioner Cardamone asked if the Commission has the latitude to require FEG to include an overlook in the bridge design? Mr. Daughters stated yes. Commissioner Cardamone asked if the issue of providing an overlook was discussed at the Charette? Mr. Daughters stated that the Commission requested a focal point on the bridge; therefore, the issue was discussed briefly at the Charette; that Mr. Figg expressed the opinion that the 10-foot sidewalk in effect provides a linear overlook; that the issue was not pursued further. Commissioner Merrill stated that bridges are traditionally viewed as a means to facilitate vehicles over bodies of water; however, the John Ringling Bridge replacement will also facilitate bicyclists and pedestrians traveling between two major destination points: the beaches and the Downtown BOOK 41 Page 14702 06/02/97 6:00 P.M. BOOK 41 Page 14703 06/02/97 6:00 P.M. Commissioner Merrill distributed for viewing pictures taken as he rode his bicycle over the Dick Misener Bridge, referred to the 12-foot-wide, long, straight, expansive concrete sidewalk which is devoid of life, full of litter and debris, and not pedestrian friendly; and stated that a similar effect on Sarasota's bridge is not desired; that concerns regarding the pedestrian scale and use of the proposed bridge have been raised; that an overlook would add a pedestrian feel to the bridge, breakup 3,000 feet of expansive concrete, and provide a point of interest for people wanting to experience views of the Bay. Mr. Daughters stated that the bridge will connect to the Bayfront walkway proposed from Whitaker Gateway Park to Selby Gardens; that the wooden decks which provide outlooks onto Sarasota Bay at the Van Wezel Performing Arts Hall and at Centennial Park are utilized by the public. Vice Mayor Dupree stated that the overlook, which would provide an area at which pedestrians and bicyclists can enjoy the view, may also encourage motorists to utilize the breakdown lane to park and enjoy the same experience. Mr. Daughters stated that people would have to climb over the New Jersey barrier to access the pedway. Commissioner Merrill stated that the issue of including a focal point in the bridge design was discussed more than once during the Charette; that more than the majority of the Charette team supported the concept but FEG prepared the design without an overlook, indicating that the 10-foot sidewalks would serve the same purpose; that a segment of the Charette discussion is available for viewing if sO desired by the Commission. Mayor Pillot asked the additional cost associated with including one or two overlook sites on the bridge. Mr. Daughters stated that he is unable to estimate the cost at this time; however, the cost would be minimal compared to the savings which would result from reducing the two 10-foot sidewalks to one 16-foot sidewalk. Mayor Pillot asked if there is merit in considering an overlook on both sides of the bridge? Mr. Daughters stated that sidewalks on both sides of the bridge would be required to consider placing an overlook on each side. Mayor Pillot stated that providing sidewalks on only one side of the bridge may cause difficulties with pedestrian crossings; that Option B reduces the width of the bridge by 8 feet yet provides 10-foot sidewalks on each side; that reducing the 10-foot sidewalks in Option B to 8 feet would result in an overall reduction in width from 107 feet to 95 feet, provide an area for an overlook, and alleviate difficulties pedestrians may experience crossing on and off only one side of the bridge. Mr. Daughters stated that the alternative suggested has merit; however, the pedestrian crossings will not be difficult; that pedestrians traveling from the Keys to the mainland would safely cross at a signalized intersection at Bird Key Drive to access a 16-foot sidewalk on the north side of the bridge; that the same pedestrians would cross at a signalized intersection at Golden Gate Point to access Marina Jack; that three people could walk abreast comtortably on a 10-foot sidewalk, leaving room for another person traveling in the opposite direction to pass; that three people walking closely abreast could occur on an 8-foot sidewalk but two people walking side by side would be more comfortable. Commissioner Cardamone stated that providing 8-foot sidewalks and overlooks on both sides could be considered. Commissioner Patterson stated that fishing is allowed off of the Siesta Key Bridge; that providing a 16-foot sidewalk on the John Ringling Bridge replacement may be of benefit if fishing will be allowed. Mr. Daughters stated that the potential of allowing people to fish off the bridge was not an issue researched; that an 8-foot, 10-foot, or 16-foot sidewalk would provide sufficient space to safely allow fishing; that he is not aware of a definitive statement or FDOT guideline regarding fishing off of bridges; that the City could recommend to FDOT that fishing be allowed. Commissioner Merrill stated that the City has been constructing 8-foot sidewalks, e.g., from St. Armands to City Island; that families, which tend to walk three abreast in the center of the sidewalk, have the ability to run off into adjacent grassy areas along the roadways when bicyclists and people on roller blades need to pass; that an unsafe condition will be created if the sidewalks on the bridge are less than 10-feet wide; that bicyclists coasting down a 5% or 6% grade will easily be traveling at 20 to 25 mph, and the pedestrians will not have the ability to exit the walkway; that he will not support a design which has less than 10-foot sidewalks on each side or one 16-foot sidewalk. Mayor Pillot stated that a concrete barrier is proposed between the sidewalk and the bike lane; that the 5-foot shoulder adjacent to the 5-foot bike lane provides 10 feet of area which could be utilized by bicyclists; and asked if the bicyclists would be more likely to use the 10-foot area versus the sidewalks? BOOK 41 Page 14704 06/02/97 6:00 P.M. BOOK 41 Page 14705 06/02/97 6:00 P.M. Commissioner Merrill stated that some will choose to utilize the bike lanes versus the sidewalks; that the State has a percentage breakdown categorizing bicyclists; that the percentage of high- speed, on-the-road bicyclists is low; that 95% of the bicyclists, e.g., people on 10-speed or mountain bicycles being followed by family members, will not ride in a bike lane between a concrete barrier and a four-lane highway; that debris accumulates next to concrete barriers; that parents will encourage teenage children not to ride on the road in the bike lane. Mayor Pillot asked if Commissioner Merrill is indicating that the bike lanes will not receive much use? Commissioner Merrill stated yes; that the 10-foot area will receive more use as a breakdown lane. Commissioner Patterson stated that a real benefit of changing from two 10-foot sidewalks to one 16-foot sidewalk is not viewed; that based on a recent conversation with the District Secretary, she believes FDOT may not be flexible regarding the width of the shoulders, etc.; that the potential of providing one 12-foot sidewalk, which would appreciably narrow the bridge width, should be considered if one of the sidewalks is to be sacrificed. Commissioner Merrill stated that public concern was expressed regarding the width of the proposed bridge and installing two 10- foot sidewalks; therefore, review of a 16-foot sidewalk was proposed; that his personal preference is for two 10-foot sidewalks; that a 16-foot sidewalk could be striped to separate bicyclists and pedestrians, would reduce the width of the bridge by five feet, and create a pleasant condition; that reducing the sidewalks to 8-feet would be an absolute mistake; that a 12-foot sidewalk would still present conflicts between pedestrians and bicyclists; that a 14- or 15-foot sidewalk may be feasible. Mr. Daughters stated that the Administration's recommendation is to approve the Classic Contemporary design selected at the Charette with the following modifications: 6% grade on Bird Key side, 5% grade on mainland side 2-foot inside breakdown lanes (14-foot traffic lane) - 16-foot sidewalk on north side of bridge Overlook at the top on the north side with pedestrian features Decision on lighting, railing, and landscaping to come back to City Commission for final approval A video-taped segment of the discussion regarding pertaining the overlook/focal point which was held during the Charette was shown on the video monitors in the Commission Chambers. Commissioner Cardamone distributed copies of Storm Surge Monitor System data received from Sarasota County Emergency Management for the period of January 7 to January 10, 1996, and a letter dated July 6, 1993, from Robert Sheets, Director, U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Hurricane Center, to James Kissick, Jr., Councilman, City of Bradenton. Commissioner Cardamone stated that the data reveals that at 1:40 p.m. on January 7, 1996, the wind speed, approximately 15 feet above the roadway of the John Ringling Causeway Bridge, began at 42 miles per hour (mph) with 50 mph gusts, and advanced, with fluctuations, to 53 mph with 65 mph gusts at 5:10 p.m.; that similar wind speeds and gusts continued throughout January 8, eventually subsiding on January 9; that according to the County meteorologist, the data indicates the leading edge of a cold front moving across the community during the wintertime; that similar data could be recorded preceding a thunderstorm during the summer; however, a thunderstorm is relatively quick; however, cold fronts progress over a fairly long period of time; that on July 15, 1996, the Administration was requested to obtain information regarding standard precautions for a bridge with a roadbed level of 70 to 74 feet above the water and the effects high wind conditions sustained for hours have on a bridge; that although requesting such information from FDOT is similar to asking a fox to guard a hen house, the Administration requested and received the following response in a letter dated August 5, 1996, from Gerald Carrigan, Acting District Secretary, FDOT: : there is essentially no difference in wind velocities on bridges 65-feet high than on lower height structures. Therefore, the danger to high-profile emergency vehicles caused by strong winds on the proposed Ringling Causeway Bridge will essentially be the same as on any bridge structure whether at ground level or up to a height of 65 feet. The design for the Ringling Causeway Bridge does include structurally approved bridge railing but at this time, no high-wind warning devices or warning signals are proposed. Commissioner Cardamone stated that high-profile vehicles include: ambulances, fire trucks, vans, and vehicles, i.e. as Ford Explorers. Commissioner Cardamone continued that the Administration should have researched the issue further to determine what the 40 to 60 BOOK 41 Page 14706 06/02/97 6:00 P.M. BOOK 41 Page 14707 06/02/97 6:00 P.M. mph winds experienced on the existing bridge during January 1996 would actually be on a high-level, 65-foot bridge. Commissioner Cardamone stated that prior to retiring, Robert Sheets worked for the National Weather Service providing hurricane bulletins; that the following sentences are taken from the letter distributed: wind speed normally increases rapidly with height in the boundary layer due to surface friction. In summary, for most high wind situations excluding the convectively active portions of the hurricane or severe thunderstorms, the lower you are, the less wind you will encounter. Indeed the lower you can build your bridges where they still clear all other hazards, such as the storm surge or shipping, the more likely they are to stay open during high wind events --with the exception of extreme events. Commissioner Cardamone referred to a chart of wind profiles commonly used by engineers which referenced wind velocity measured at 40 mph at 10 feet advancing to 62 mph at 50 feet and 72 mph at 100 feet. Commissioner Cardamone stated that the issue of wind was passed over lightly at the Charette; however, a side discussion was held with an FDOT representative, who indicated that wind on high bridges is a problem, and, typically, people who frequently use a high bridge will find the conditions uncomfortable and avoid the bridge in the future during high winds; that the data received from Emergency Management indicates Sarasota experiences sustained gusts and major wind events; that she is not satisfied with the lack of information provided regarding the effects wind will have on the proposed high-level, 65-foot bridge or the precautions FDOT intends to take regarding the wind situation. Commissioner Cardamone cited the following statement from a newspaper article: Winds will be high at that level and for everyone from joggers to drivers, says Rick Lamb, Landscape Architect and consultant for the FDOT, "the comfort level will be less." Given the parameters of the new structure, says Lamb, which he considers "too high considering the whole perspective and scale of the community and at any height too wide," it will, despite the best intentions and efforts of all the architects and designers to disguise it, look and feel like a piece of interstate highway. For those crossing it, he says, the main difference will be that on the new bridge you will be an observer not a participant in the surrounding environment. Commissioner Cardamone stated that during a brief discussion, she sensed a genuine concern by FDOT's consultant, Mr. Lamb, regarding the vastness of the bridge proposed to cross such a small body of water. Commissioner Cardamone continued that she will, once again, reiterate her concern regarding the lack of information provided regarding potential problems with wind on a high-level, 65-foot bridge. Commissioner Cardamone requested that information on the Engineering reports regarding cracks and other problems encountered on the Sunshine Skyway Bridge be forwarded to the Commission. Mayor Pillot stated that the City Commission will recess prior to hearing public input. The Commission recessed at 8:30 p.m. and reconvened at 8:40 p.m. Commissioner Cardamone stated that she has two additional comments regarding wind; that FDOT does not provide for Closures of bridges during high winds; that the decision is left to local governmental officials; that from conversation with Gregg Feagans, Director, Sarasota County Emergency Management, the following was learned: Closure of the bridges in Sarasota City, e.g., the John Ringling Causeway Bridge, to through traffic is authorized through the following scenario: The Emergency Operations Center (EOC) monitors the weather and field conditions by many sources, including field observers such as the City Police staff. When any one of these sources reports to the EOC that the use of a bridge is a threat to life safety, i.e., high winds or more commonly high water, the EOC authorizes the physical closure. The physical closure is usually accomplished by police patrol placing their vehicles in the west bound roadway and directing traffic away from the island. They sometimes request, depending upon wind speed, for the City Public Works Department to place barricades. The EOC then reports their action to the State who in turn informs the FDOT. The FDOT directs the bridge tenor to lock down the bridge and leave the site. FDOT then formally declares the road and bridge closed. All emergency personnel leave the field when winds approach 45 mph. BOOK 41 Page 14708 06/02/97 6:00 P.M. BOOK 41 Page 14709 06/02/97 6:00 P.M. Commissioner Cardamone stated that the procedure is spelled out in the Peacetime Emergency Plan; that Mr. Feagans indicated that the John Ringling Causeway Bridge is usually closed because access is impaired or prohibited by wind- driven, rising sea water before the concern of wind affecting vehicles on the bridge occurs. Mayor Pillot stated that in excess of 47 people have signed up to speak; and requested that speakers make succinct comments and limit remarks to views on how the Commission should proceed regarding the bridge design. The following people came before the Commission: Ned Parsekian, 460 North Washington Drive (34236), stated that the political courage displayed by the City Commission in strongly opposing the bridge preferred by the FDOT was appreciated and should be continued; that a $30 million replacement bridge should not be built solely because the project will be funded by the Federal government; that City residents also pay Federal taxes; that the existing bridge has four lanes and the proposed bridge has four lanes; that the purpose of expending $30 million is not clear; that a lack of information on important issues, i.e., wind velocity, is apparent; that selecting a design for a bridge which will remain in Sarasota well into the future should not occur without sufficient information; that the proposed bridge is massive and the Classic Contemporary design is not aesthetically pleasing; that expansion within Sarasota may be inevitable but should be done with grace; that the Commission should reject the Charette design; that the loss of $182,700 equates to approximately $3.50 per citizen. Julia Googins, 174 Whittier Drive (34236), submitted and read a prepared speech which referenced the following: population increases of 964% in Sarasota County and 610% in Manatee County based on census information recorded in 1950 versus 1990 construction of the bridges on Ringling Causeway, Manatee Avenue, and Cortez Road 35 to 40 years ago to serve one-tenth of the current population the potential of a hurricane destroying the Ringling Causeway Bridge, which would force residents on Lido and St. Armands Keys to travel 30 miles to access Main Street or U.S. 41 to travel south the need to consider construction of a new bridge from the mainland to Longboat Key rather than a replacement for the Ringling Causeway Bridge, preferably located midway on Longboat Key connecting to the mainland near the airport to Interstate 75 the potential of re-allocating FDOT funds reserved for replacement of the three bridges over Sarasota Bay to construct a new bridge and to repair the existing bridges Ms. Googins requested that the City Commission not succumb to the FDOT and MPO regarding the proposed bridge project. Ms. Googins referred to a picture and article in the February 1996 edition of National Geographic regarding a bridge 2.5 miles long connecting the resort of South Padre Island to the mainland in Texas which was specifically curved to withstand hurricanes. Ms. Googins stated that she appreciated the efforts put forth by City Commissioners at the May 19, 1997, MPO meeting. Harvey Rothenberg 433 Meadow Lark Drive (34236), stated that he would not travel across the existing 30- to 40-year-old bridge, which is in need of repair, if wind speeds of 45 mph were experienced; that the high-level, 65-foot bridge in Fort Myers has never been closed due to wind conditions; that a replacement bridge to bring Sarasota into the 21st Century is necessary. Mr. Rothenberg continued that the public majority is not present in the Commission Chambers; that the views of those in favor of a low bridge are respected; that appreciation is expressed to the City Commissioners for their patience during numerous, tedious hearings on the bridge issue; that he fails to understand the more than necessary use of the power of the press shown by the Sarasota Herald-Tribune; that the Commission is elected to make decisions on issues which are not referendum items; however, he is convinced the vast majority of the general community is in favor of a 65-foot, fixed-span bridge; that the Commission should strive to do what is best for the entire community and move on. Fred Fiala, 335 Morningside Drive (34236), stated that the existing bridge which has narrow traffic lanes, narrow walks in poor condition, no pedestrian protection, no bike lanes, and no emergency breakdown lanes is unsafe, frequently inoperable, and ugly; that à replacement bridge is necessary. Mr. Fiala stated that he is a sports biker and could easily travel over a bridge with a 6% grade; however, a 6% grade is too steep for novice bicyclists and pedestrians; that two 10-foot sidewalks are favored; that viewing of events which occur in all areas of Sarasota Bay would be limited if only one sidewalk is constructed; that a better view of boat parades and fireworks displays could be seen from the south side of the bridge; that BOOK 41 Page 14710 06/02/97 6:00 P.M. BOOK 41 Page 14711 06/02/97 6:00 P.M. one or two overlooks may impede the smooth, slender design proposed and is not favored; that the Charette team supported a simple, clean bridge without embellishments; that the Commission should provide guidelines but allow the professional bridge designer to design the bridge. Donald Blivas, 143 Beach Road (34242), stated that the existing bridge is a State bridge on a State highway and as such is controlled by the FDOT, which has extended a courtesy to the city of Sarasota by allowing for input on the design and other factors; that in the early 1990s, the FDOT determined the existing bridge was no longer viable and expended $1.5 million for biologists, environmentalists, engineers, etc., to investigate issues related to the bridge; that the FDOT has worked diligently with numerous task forces appointed over the past five years; that eight bridge alignments and various locations and bridge types were reviewed; that speakers' references to the bridge being foisted upon the community is ridiculous; that the Commission needs to make a decision on the bridge design; that a decision not to move forward on the Classic Contemporary design would allow the FDOT to build the standard Greco/Roman design bridge previously presented, which was described as grotesque and denied by the Commission. Mr. Blivas continued that two 10-foot sidewalks would allow bicyclists and pedestrians to view both sides of the Bay; that the 6% grade may be extreme; that adding a protruding area as an overlook may destroy the integrity of the proposed bridge design and would be an insult to Mr. Figg, who is a renowned bridge designer; that the process has been tedious; that the time the Commission has extended to him has been appreciated. Gertrude Vose, 327 Bob White Way (34236), stated that replacing the bridge was originally proposed to provide safe evacuation of the barrier islands and for convenience of people residing on the Keys to access the mainland; that the Commission's discussion thus far has focused on providing overlooks, benches, and sidewalks; that the presentation regarding the effects of the bridge to homes on Bird Key was meaningless to those listening in the audience; that the potential of paying $182,700 should not sway the Commission's decision; that she would rather pay more taxes than be forced to view a monstrosity from her yard. Mrs. Vose continued that she attended the May 19, 1997, MPO meeting and was extremely proud of the manner in which the citizens of Sarasota were represented by Commissioners Merrill and Patterson, who were not influenced by those taking the position that the $30 million must be expended. Ernesto De Oliveira, 4348 Pasadena Circle (34233), stated that the Classic Contemporary is a good design but is inappropriate at the proposed location; that providing a place in Sarasota where people can bungi-jump will be the only positive outcome resulting from replacing the existing bridge with a high-level, 65-foot bridge. Patricia Wright, 336 Bob White Way (34236), stated that she attended but did not speak at the May 19, 1997, MPO meeting; that the majority of people in attendance were appalled and outraged by the positions taken and the lack of support provided to the City Commissioners by County Commissioners David Mills and Jack O'Neil, who appeared to align themselves with representatives from the FDOT, who are unelected bureaucrats; that the FDOT should not be given the power to dictate decisions to elected officials; that the Commission should reject the Charette design and pay the $182,700; that although her taxes have tripled over the past 18 years while the services received from the City have not, she is willing to pay slightly higher taxes to stop construction of the proposed bridge. Wolf Weinhold, 2560 Fruitville Road (34237), stated that in 1991, the engineering firm Greiner, Inc., performed a corridor study based on the official State map drawn in 1979; that the FDOT required use of the 1979 map because the contract for services was issued before the new State map was complete. Mr. Weinhold continued that the issues before the Commission are broader than simply selecting a bridge design; that the bridge should be viewed as a legacy that will be left to residents' grandchildren; that creating a legacy takes time and effort; that the $30 million should not be spent irresponsibly; that problems are not resolved by simply treating symptoms; that the bridge replacement was originally planned as six lanes; however, the proposal includes only four lanes as the bridge will land on a highway that cannot functionally handle more than two lanes of traffic; that the Federal government does not seem to be working for the people; that the City is considering spending $10 million over the next 10 years for bicycle and pedestrian-related projects; that bicyclists and pedestrians should not be cut off from the Keys; that a bridge with an 8% grade would provide him with a place where hill training could be performed; however, many elderly bicyclists and pedestrians find bridges with a 5% grade unnerving and dangerous; that the majority of citizens in Sarasota are not 40-year-old tri-athletes, as he previously was, but individuals aged between 50 and 70 years. Mr. Weinhold further stated that the proposed bridge would be adequate at an alternative location; that the Charette design should be modified as desired by the Commission and approved; that rescinding the May 1, 1995, motion approving use by the FDOT of the 4(f) lands at North Bird Key Park would stop the project and force the FDOT to come back to and negotiate further with the Commission; that the $182,700 reimbursed to the City by FDOT BOOK 41 Page 14712 06/02/97 6:00 P.M. BOOK 41 Page 14713 06/02/97 6:00 P.M. could be reserved in a legal defense fund and used to defend the City's position. Ron Streibich, 2503 Davis Boulevard, stated that he has been a member of the community for the past 25 years, has worked diligently on various City projects, and has served on various citizens' committees, including the Transportation Committee and the original task force appointed to review the potential of locating a bridge from the mainland to Longboat Key, a proposal which was strongly opposed by political leaders on Longboat Keyi that proposals for other mid-crossings of Sarasota Bay reviewed in the latter part of the 1970s and 1980s were found to be ecologically impossible; that proposals for connecting a bridge north of the Longboat Key Bridge to 53rd Street in Manatee County and from Longboat Key to University Parkway were studied, but the costs were astronomical being estimated at $200 million at that time. Mr. Streibich continued that the Commission should accept the Classic Contemporary design and avoid expending $182,700; that the Charette team completed the task assigned; that Mr. Figg is a brilliant bridge designer; that the Classic Contemporary design is beautiful but proposed at the wrong location; that the appropriate location for a bridge is at 10th Street connecting to Ken Thompson Park; that the grade required would be less than 2%; that the bridge would be user-friendly to people of all ages; that people using the Pinellas Trail, which has a 5% grade, have expressed a fear of losing control on the downward slope and running in or off of the roadway; that the $74.9 million cost estimated in the Greiner, Inc., engineering study was the critical element associated with constructing a 10th Street/Ken Thompson Park bridge. Mr. Streibich referred to the Sarasota 2000 goal of maintaining a City of urban amenities with small town living and feeling; and stated that the Commission should rescind approval for the FDOT to use the 4(f) lands at North Bird Key Park; that FDOT should be informed that utilizing the Park to construct a high-level, 65-foot bridge would spoil the ambiance and small town living and feeling within the City and therefore the Park cannot be utilized; that the proposed bridge will cost $30-$35 million; that the City should request an additional $40 million from the FDOT to construct a bridge at 10th Street, which, in 75 years, people can be proud of and remember as having crossed and enjoyed. Commissioner Patterson stated that as she recalls, the Commission approval to which two speakers have eluded was for the FDOT to utilize the 4( (f) lands to continue the pathway onto North Bird Key Park; and requested that a copy of the minutes of the May 1, 1995, regular City Commission meeting be provided for review. Ruth Robbins, 1800 Benjamin Franklin Drive (34236), stated that she would like the Commission to represent her interests whenever possible but realizes the interests of the entire City must take precedence; that the Commission should also consider the needs and interests of neighboring communities, i.e., Sarasota County, Longboat Key, and Venice, which help support the City's economy, service and arts organizations, etc.; that elected officials should provide leadership; that every issue will not have the total support of the residents; that the Commission will be subject to all types of pressures, even daily from the local newspaper; however, constituents look to the Commission to garner the necessary support for decisions that are made either by the Federal, State, or local government; that indecision festers and polarizes the community; that replacement of the John Ringling Causeway Bridge is ultimately the decision of the FDOT, which depends a great deal on the recommendation of the MPO; that the City of Sarasota is represented on the MPO along with elected officials from other localities in the region; that the community had input in the studies and discussions that went into making the final decision, which is when all the pros and cons should have been ironed out; that the City expended close to $200,000, which will hopefully be reimbursed by the FDOT, to provide for additional input regarding the aesthetic design of the bridge; however, the decision to build a fixed-span bridge was made 3.5 years ago; that the Commission should accept and help implement that decision. C. William Myers, 339 Bob White Way (34236), stated that the height of the proposed bridge is not 65 feet; that the 65-foot distance is measured from the mean high-water line to the base of the bridge; that the actual height of the bridge will be between 80 and 85 feet; that the proposed bridge is a monstrocity. Mr. Myers referred to the Sarasota 2000 goals displayed in the Commission Chambers; and stated that the safety of the proposed bridge is questionable; that as a private pilot he agrees with Commissioner Cardamone that winds at a higher level are at greater velocities; that speakers have referenced that the proposed bridge is not attractive or aesthetically pleasing; that expending $30 million on an undesired bridge will not be financially responsible; that the proposed bridge is not healthy for the community. Mr. Myers stated that a pressure group residing on Longboat Key has been effective in expressing their desires and position in favor of a high-level, fixed-span bridge which will alleviate the distress caused when Longboat Key residents are required to wait on the existing drawbridge while a boat passes; that he agrees residents on Longboat Key need and deserve a bridge = a bridge connecting the mainland directly to Longboat Key; that Longboat Key residents also have to deal with the drawbridge at New Pass; that constructing a bridge from the mainland directly to Longboat BOOK 41 Page 14714 06/02/97 6:00 P.M. BOOK 41 Page 14715 06/02/97 6:00 P.M. Key would eliminate both problems; that he does not experience distress when waiting on the drawbridge as a more heavenly site does not exist; that the existing John Ringling Causeway Bridge should be repaired not replaced with a high-level, fixed-span bridge; that the potential loss of $182,700 should not sway the Commission's decision; that the project should be stopped. Louis Vose, 327 Bob White Way (34236), stated that the real issue is how to get rid of the wrong bridge at the wrong location. Mr. Vose continued that public servants who accept the duties of governing should be prepared to take a stand upon the fundamentals of good and efficient government; that each and every decision should be able to withstand the highest scrutiny and review; that the proposed bridge will not be justified if the Commission has the courage and grace to use common sense as a guide; that the absurd proposal and monumental waste of taxpayers' money should be stopped; that the Commission should continue to fight and stand up for their honest convictions regardless of positions any other group or organization takes; that good, common sense should prevail. Jean Hendry, 1456 John Ringling Parkway (34236). Mary Quillin came forward and submitted a letter on behalf of Ms. Hendry, who was no longer present, which referenced opposition to the proposed bridge and that $3 million could be expended to repair the existing bridge to last another 20 years. Robert Nerthling, 11 Sunset Drive (34236), representing Sunset Towers Condominium and the Bayfront Condominium Association, stated that the proposed bridge is too tall, too wide, too long, and will unnecessarily encumber the views not only from six residences on Bird Key but also from condominiums located on the southwest corner of the eastern terminus of the proposed bridge; that the impacts the retaining wall will have on Sunset Towers, which will be a distance of less than 100 feet from the new structure, have not been sufficiently explored; that the width of the proposed bridge is double that of the existing bridge and requires a length of 3,000 feet to traverse 2,000 feet of water; that the road noise and environmental pollution will increase; that repairing the existing bridge for $3 million is preferred; that a new bridge from either 10th Street to Ken Thompson Park or from University Parkway to Longboat Key should be considered to provide egress to Longboat Key residents during times of medical or environmental emergencies, i.e., oncoming hurricanes, and for convenience in reaching the mainland. Dr. Nerthling continued that the project should not proceed as proposed; that finding 2,000 citizens willing to contribute approximately $92 toward the $182,700 would not be difficult if construction of the proposed bridge can be stopped. L.R. Ludwig, 122 Seaqull Lane (34236), stated that he is vehemently opposed to the proposed bridge and would also be willing to contribute $100 toward the $182,700; that he is grateful for recent editorials in the Sarasota Herald-Tribune; that, generally, something said loudly and with authority will be believed, e.g., the recent pronouncements by the MPO that building a new high-level, fixed-span bridge from City Island to the mainland would be too expensive, too long in span, and too environmentally damaging, therefore, impossible; that a recent editorial in the Sarasota Herald-Tribune explained that as a result of the public outcry and the difficulties which have been experienced with proposals to build fixed-span replacement bridges on Cortez Road and Manatee Avenue in Manatee County, the FDOT is giving consideration to building a new, high-level, fixed-span bridge from Coquina Beach to the mainland, a proposal which was previously pronounced as too expensive, too long in span, and not environmentally viable. Dr. Ludwig continued that many of those opposed to the proposed John Ringling Causeway Bridge replacement are not opposed to a fixed-span bridge; that fixed-span bridges from Ken Thompson Park (City Island) to the mainland and from Coquina Beach to the mainland would serve useful purposes in facilitating traffic and offering a real escape route to barrier island residents in the event of a hurricane; that constructing a high-level, fixed-span bridge from Bird Key to the mainland would serve neither purpose. Dr. Ludwig requested that the Commission continue rejecting the proposed bridge; and stated that there will be a concerted effort by those opposed to the proposed bridge to unseat in 1998 those County Commissioners, who in their arrogance, chose to disregard the wishes of a large number of their constituents; that, consequently the MPO may have a different composition next year; that the City should sue the MPO if necessary; that win or lose, doing so would at least gain additional time to achieve new MPO members that may be more favorable to the City Commission's position. Ila Preti, 775 John Ringling Boulevard (34236) representing the Coon Key Residents Association, stated that she agrees the 10-minute views of the Bay experienced when the drawbridge is raised to allow boats to pass is wonderful; however, the bridge has often been "stuck" open for many hours; that a reliable bridge is necessaryi that the existing, deteriorating bridge will not withstand another five years of continued debate; and requested that the Commission approve the Classic Contemporary design. Ms. Preti read a letter on behalf of Duchess Tomasello, 777 John Ringling Boulevard (34236), which referenced enthusiastic support for a high-level, fixed-span bridge and the enhanced views provided BOOK 41 Page 14716 06/02/97 6:00 P.M. BOOK 41 Page 14717 06/02/97 6:00 P.M. by the Classic Contemporary design, which has ten sculptured piers spaced 100 feet apart, compared to the existing bridge, which is deteriorating and has 42 sets of piers. Jim Wassell, 454 Partridge Circle (34236), was no longer present in the Commission Chambers. Robert Snowdon, 775 John Ringling Boulevard (34236) representing Sarasota Harbour East, stated that the Commission should not be swayed by politics, personal views, or the heavily-slanted articles published in the Sarasota Herald-Tribune; that the Commission's decision should be based on what is in the best interest of the taxpaying public; that the cost will increase the longer a decision is delayed; that the Commission should approve the Classic Contemporary design for a high-level, fixed-span bridge, which is necessary to meet future needs. Jim Le Tellier, 333 Suwanee Avenue (34243), was no longer present in the Commission Chambers. Robert Mathews, 133 North Washington Drive (34236), stated that the proposed bridge is opposed by himself and by the St. Armands Residents Association; that constructing a bridge from the mainland to Longboat Key should receive further consideration. John Gill, 112 North Washington Drive (34236), stated that the efforts of the Commission regarding the bridge issue have been appreciated; that the MPO expended substantial funding on various studies but chose to ignore the results and continue forcing the high-level bridge on the citizens of Sarasota. Commissioner Cardamone stated that the City Commission is not only supporting a previous, unanimous vote against a high-level bridge but also the positions of the original bridge task force and the technical and citizens advisory committees to the MPO which were not in favor of the proposed bridge; that the MPO is the board that has chosen not to support the recommendations of the committees which had been appointed to advise the MPO on the bridge issue. Mayor Pillot stated that the remaining number of speakers who have signed-up to provide input exceeds 20; therefore, additional comments from Commissioners will not be recognized by the Chairman until public input has concluded. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to overrule the Mayor's decision. Mayor Pillot asked if a supermajority is required to overrule the Chairman? City Auditor and Clerk Robinson stated yes. Mayor Pillot called for a vote on the motion. Motion failed (3 to 2): Cardamone, yes; Dupree, no; Merrill, yes; Patterson, yes; Pillot, no. Ernest Krestmer, 118 Polk Drive (34236), stated that he supports the high-level, 65-foot bridge and the Classic Contemporary design, including two 10-foot sidewalks; that the City of Sarasota has the opportunity to replace a boring, ugly drawbridge with a beautiful, functional, high-span bridge; that wind speed is more a function of openness than height; that high wind speeds are experienced at lower altitudes if the wind is channeled, e.g., between buildings in New York City; that complaints regarding winds have not been reported from residents at Harbour East, which is a tall building. Mr. Krestmer continued that the video simulation prepared by the Ringling School of Art and Design, which has been the focal point in marshaling public opinion against the high bridge, is badly flawed; that the relative heights of the existing bridge and the proposed bridge in the video and on the picture published in the Sarasota Herald-Tribune, when measured to scale, result in heights of 100 to 150 feet for the new bridge, which is inaccurate; that showing only a segment of the bridge also exaggerates the contrast. Mr. Krestmer requested that the Commission approve the Classic Contemporary design, as proposed or slightly modified. Kerry Kirschner, former Mayor and City Commissioner, 2033 Main Street, Suite 304, representing the Argus Foundation, submitted to the Commission copies of his prepared speech; and stated that the Board of Directors of the Argus Foundation does not believe that a replacement of the John Ringling Causeway Bridge, high or low, will solve transportation problems or address future issues of connecting the barrier islands to the mainland; that expending $36 million to replace the existing bridge to eliminate a bridge- tender position and the periodic stoppage of traffic when the bridge is raised for boat traffic without dealing with the larger problems of traffic flow on the mainland and on Lido Key as well as flooding on St. Armands is an inefficient use of taxpayer dollars; that any major change to the existing bridge should only be made as part of a comprehensive solution to those problems. Mr. Kirschner continued that the City of Sarasota's 50-year Vision Plan, together with engineering studies dealing with St. Armands Circle dating back to 1985, are two critical bodies of work regarding issues that should be reviewed for inclusion in the $36 million FDOT budget for the bridge replacement; that the City's Vision Plan cites alternatives to improve traffic circulation; that models established included consideration of a new bridge at 10th Street; that testing of the models concluded that aligning the current bridge access with Fruitville Road would result in a substantial decrease of traffic in the Downtown core as a great deal of the traffic would continue east on Fruitville Road before turning south, which would enhance BOOK 41 Page 14718 06/02/97 6:00 P.M. BOOK 41 Page 14719 06/02/97 6:00 P.M. mobility around the City and lessen vehicular impact on the Downtown; that implementation of the plan would require purchase of property for the bridge approach between the John Ringling Towers (JRT) and the Sarasota Quay, which may not be available once the JRT property is developed; that such options would be precluded for many years if the proposed bridge is constructed in the current location. Mr. Kirschner further stated that the bridge approach at the west end of the existing concrete span has never served the residents adequately because of the flooding conditions that take place on St. Armands Circle; that storm incidents not severe enough to affect any other roadway in Sarasota have caused the bridge to be closed due to inadequate drainage; that despite the Clamor of residents from Sarasota and Longboat Key, nothing has been done to alleviate the flooding condition. Mr. Kirschner stated further that the City of Sarasota has studied and accepted the improvements referenced to improve traffic flows; that the time has come for State, local, and, if necessary, Federal officials to deal with the entire transportation corridor and bridge leading to the barrier islands on a holistic basis; that replacement of the existing bridge is not critical enough to be done at the expense of a deliberative approach to dealing with the entire situation; that recommendations from the Bartow branch of the FDOT to locally- elected members of the MPO have been based on intellectually deficient thinking because of rules and regulations that do not allow flexibility in dealing with bridge replacement or other transportation issues; that leaders are elected to solve problems, not to support bureaucracies that perpetuate antiquated rules and regulations; that the Argus Foundation supports and encourages the Sarasota City Commission and the State legislative delegation to deal directly with the Governor and the Secretary of the FDOT to facilitate a more comprehensive review of these issues and to craft and implement effective and efficient solutions to them. Mr. Kirschner stated further that drainage is an issue which should be resolved; that motorists will be stopped at St. Armands long before reaching the bridge if a storm event occurs; that the City has for years discussed diverting and moving traffic off of the Bayfront quicker; that the model in the Vision Plan should be pursued before the JRT property is developed; that the rules and regulations regarding bridge replacement are not the only areas requiring change. Mr. Kirschner stated further that as he recalls, the entire Bay bottom in Sarasota is considered a park, and if so, the FDOT is not allowed to place a piling in the Bay bottom without the permission of the City Commission. Commissioner Patterson requested recognition by the Mayor. Mayor Pillot stated that he is not recognizing Commissioners' comments. City Auditor and Clerk Robinson stated that he misspoke previously; that the motion put forth to appeal the decision of the Chairman required a majority to overrule the Chairman's decision; that the vote was 3 to 2; therefore, the decision was overruled. Commissioner Patterson asked if copies of the Argus Foundation's position on the John Ringling Causeway Bridge have been or could be forwarded to the elected officials on the MPO? Mr. Kirschner stated that the Argus Foundation's position has not been forwarded to the MPO; that the MPO, which was formed because of citizen dissent and set up to appear as an entity that would be ruled by the desires of the citizens, is actually directed by staff review of rules and regulations that are promulgated as "cookie cutters" for every road and every bridge in the State of Florida; that at this point, the issue needs to be referred to the local legislative delegation who will go to the Governor and the Secretary of the FDOT. Commissioner Patterson stated that the existing process will demand a vote from a majority of members on the MPO to either allocate State dollars to drainage issues on St. Armands or to realign the bridge with the JRT property; that absent a majority vote on the MPO, no dollars will be allocated for either of the projects the Argus Foundation is recommending. Mr. Kirschner stated that an MPO staff recommendation would also be necessary; that he finds it absolutely deplorable that the City Commission has expended funding on a 50-year plan and yet the Fruitville Road extension is not even under consideration in the MPO work program; that the first drainage study on St. Armands was conducted in 1985. Commissioner Patterson stated that $8 million has been allocated in the MPO's 20-year work plan for the extension of Fruitville Road; however, the funding will be inadequate, and the project is not funded in the budget. Mr. Kirschner stated that dealing with Ben Watts, Secretary of Transportation, in Tallahassee, is quite different than dealing with FDOT in Bartow; that a former request made by the City Commission, when he was seated, to change the opening and closing times on the existing bridge was denied by the Coast Guard based on a rule established when most commercial transportation was on barges and boats; that the rule superseded the common use of vehicular and other modes of transportation; that City leadership BOOK 41 Page 14720 06/02/97 6:00 P.M. BOOK 41 Page 14721 06/02/97 6:00 P.M. is necessary to pursue changes to such antiquated rules and regulations. Commissioner Cardamone requested a response from the City Attorney to the issue of placing pilings in the Bay bottom. City Attorney Taylor stated that Sarasota Bay is an outstanding Florida water; that any form of degradation of the water quality in Sarasota Bay is an absolute prohibition under the law; that the adverse effects on the Bay will be a major issue dealt with before construction of any bridge will be permitted; that the provisions under the City's Marine Park (MP) Zone District may also apply, but further review is necessary before a response can be provided; that environmental issues have been used as the basis to challenge the proposed type of bridge in other portions of the general community. Richard Storm, 707 South Gulf Stream Avenue #103, representing the Bridge Too High Committee stated that the Bridge Too High Committee appreciates all the Commission's efforts to oppose the construction of a high-level bridge, particularly the efforts of Commissioners Merrill and Patterson in the unpleasant atmosphere of the May 19, 1997, MPO meeting. Mr. Storm stated that the Bridge Too High Committee stands ready to assist in any way possible, with manpower or funding, if necessary, and urges the Commission to take every lawful means available to avoid the construction of the proposed bridge; that the Committee plans to raise money to build a legal defense fund for issues pertaining to the bridge; that legal research undertaken and legal counsel representing the Committee will be at the disposal of the City to assist the City Attorney or any other City representatives in pursuing the issue to solve the problems in the community which have been enumerated by previous speakers. Jim Grace, 528 Jackson Drive (34236), stated that he has been a resident on St. Armands Key for 4.5 years and strongly opposes the proposed bridge, which is a piece of utilitarian highway architecture that will be wrongly placed in the heart of a pristine, unique, and flourishing urban center; that the proposed scale and long-term function of the bridge as an ingress and egress and emergency exit for the barrier islands is ill-suited to the proposed location, environment, and beauty of Bird Key and Downtown Sarasota; that a new bridge should be sited elsewhere; that the Commission is urged to fight the proposed location of the bridge which, if constructed, will forever diminish the appeal of the City. Marilyn Huseby, 217 Seagull Lane (34236), stated that the last three speakers expressed her views; that the Commission is urged not to approve an obvious mistake; that the proposed bridge, which is inappropriate both in scale and in location, will not address the problems of transportation flow, evacuation, emergency access, or flooding on St. Armands Circle and will destroy the ambiance and views of Sarasota Bay as well as the charm of Sarasota; that the Commission should reject the Charette design, pay the $182,700, and explore alternatives, specifically those cited by Mr. Kirschner. Charlie Griggs, 4708 Pine Harrier Drive (34231), stated that he participated in the Charette and attended the May 19, 1997, MPO meeting; that the proposed bridge is sited in the wrong location; that a bridge from 10th Street to Ken Thompson Park should be constructed, and the existing John Ringling Causeway Bridge demolished; that the proposed bridge is contrary to the Sarasota 2000 goals established by the Commission; that the Classic Contemporary design, which is nothing more than the standard FDOT design and certainly not a signature bridge, should be rejected. Mr. Griggs placed his business card and $100 cash on the Commission table as a donation to the City pertaining to the bridge issue. Mayor Pillot asked the appropriateness of the Mr. Grigg's contribution and if the City is in a position to accept the money? City Attorney Taylor stated that a legal defense or reimbursement fund has not been established; that the City is not equipped at this time to accept donations from the public. Mr. Griggs forwarded the contribution to Richard Storm, who came before the Commission and stated that the $100 is being accepted on behalf of the Bridge Too High Committee, which is a 501 (C) (3) not-for-profit corporation. Eleanor Fivelson, 1255 Gulf Stream Avenue (34236), was no longer present in the Commission Chambers. Donald Morfee, 110 Seagull Lane (34236), stated that he was a registered professional engineer employed by one of the largest bridge companies in the world and loves big bridges; however, the proposed bridge is tremendously disliked; that the country has many old bridges, e.g., the Golden Gate Bridge in San Francisco, California, which was built in the 1930s; that the old, existing John Ringling Causeway Bridge should not be demolished but maintained; that the original task force reporting to the MPO recommended a 45-foot, bascule bridge, which is the bridge that should be constructed if a new bridge is necessary; that the Commission's efforts should focus on gaining support on the MPO for a 45-foot, bascule bridge. BOOK 41 Page 14722 06/02/97 6:00 P.M. BOOK 41 Page 14723 06/02/97 6:00 P.M. Monty O'Neal, 613 South Owl Drive (34236), representing the Bridge Too High Committee, stated that he participated in the Charette and is currently a resident on Bird Key; that the proposed bridge and proposed design are fallacious because past processes related to the new bridge were processes of exclusivity; that the Commission should reject the Classic Contemporary design. Kathryn Cover, 115 North Boulevard of the Arts (34236), stated that no other reason for building a new bridge in the same spot for $36 million exists other than to prevent the perceived inconvenience of a few; that the proposed bridge will not aid in the flow of traffic, since traffic comes to a complete stop at both approaches, and will not be usable during high, pre- hurricane winds; that St. Armands Key, which floods after almost any rainstorm, should not be used as an evacuation route for Longboat Key, a dry island; that the Classic Contemporary design is hideous at the proposed location; that a new bridge would be wonderful for all involved if built at an appropriate location; that 10th Street connecting to Ken Thompson Park or connecting further north on Longboat key is an ideal location; that the Commission's action tonight is very important and needs to reflect the fact that the City does not need or want the proposed bridge in the proposed location. Ms. Cover continued that the Commission has been discussing the benefits of providing an overlook on the new bridge sO that pedestrians can stop and enjoy the view; that a fear was mentioned that motorists may attempt to park in the breakdown lane to enjoy the view from the overlook; that pedestrians and motorists both have an opportunity to stop and enjoy the view currently when the drawbridge is raised. Al Woeltien, 1255 Gulf Stream Avenue (34236), stated that the City has been poorly served by the bridge contractor, FDOT, who has not provided the Commission with sufficient information; that the $182,700 should be viewed as a bad investment and written off; that the Commission should proceed accordingly in the best interest of the community. Robert Siff, 1255 Gulf Stream Avenue (34236), submitted for the record a petition signed by the owners at Bay Plaza, which read as follows: We the owners at Bay Plaza oppose the construction of the 80-foot-high, fixed-span bridge (with a 65- foot clearance below). Mr. Siff stated that significant flooding occurs on St. Armands Key during non-threatening storms; that a bridge costing $36 million, which will do nothing but force residents into harm's way while attempting to evacuate during the threat of a hurricane, should not be built; that many good suggestions and ideas have been offered; that people of good conscience would not throw away a bridge which is useful and could be repaired for $3 million; that an appropriate location for a new bridge should be based on updated State transportation maps and unguided studies. Javier Suarez, 5651 Creekwood Circle (34233), stated that he opposes the proposed fixed-span bridge; that reference was made at the MPO meeting that no new information has been presented; that during the Staff's presentation on this item, the City Engineer appeared to be having difficulty understanding the impact of the approaches; that the Commission has been shown only portions and not the full impacts of the bridge; that the entire process has been railroaded by the MPO and the FDOT; that the Commission has been pressured to make decisions and approve a structure without fully understanding all the issues and impacts, which, once the bridge is built, cannot be addressed. Mr. Suarez continued that the Commission should: 1) accept the Classic Contemporary design for a high-level, 65-foot bridge, 2) reject a high-level, 65-foot bridge at the proposed location, 3) review other alternatives at the existing bridge location, 4) review alternative locations for a high-level, 65-foot bridge, and 5) fight construction of the proposed bridge at whatever level necessary. Mary Quillin, President, Growth-restraint and Environmental Organization (GEO), and citizen, 2304 Ringling Boulevard #213 (34237), stated that her family moved to Sarasota in 1956 when the John Ringling Causeway Bridge was a new bridge; that she was one of the citizens allowed to enter and speak against the proposed bridge at the May 19, 1997, MPO meeting; that citizens were originally denied access to the public meeting; that the Commission should not just accept information or pre-determined decisions presented but consider suggestions from their constituency; that the Joint Project Agreement between the FDOT and the City of Sarasota does not include a time within which a decision on the aesthetic design must be made; that the Commission should delay action on the Classic Contemporary, design until the November 17, 1997, regular City Commission meeting and place the bridge issue on the November referendum so the public majority can be clearly identified; that in the interim, the City can continue to pursue answers to issues of concern, e.g., the impacts of wind, fog, lightening, and other weather conditions on a high-level bridge. Ms. Quillin continued that the Commission has the support of the citizens, which was shown at the MPO meeting, against a high- level, 65-foot bridge; that tyranny should not be allowed to govern the City of Sarasota. BOOK 41 Page 14724 06/02/97 6:00 P.M. BOOK 41 Page 14725 06/02/97 6:00 P.M. Fred Wallace, 1255 Gulf Stream Avenue (34236), stated that his position has been expressed by previous speakers, specifically Mr. Kirschner. Dr. Marilyn Hauser, 1255 Gulf Stream Avenue (34236), stated that she supports the unanimous decision previously made by the Commission to oppose a high-level bridge; that the proposed bridge does not belong in Sarasota. Dr. Frederick Hauser, 1255 Gulf Stream Avenue (34236), stated that the Commission should continue expressing opposition to the proposed bridge; that one of the Sarasota 2000 goals is to be an attractive, clean, and aesthetically pleasing City; that aesthetics are important to the economy; that many people reside in Sarasota for its beauty. Lucille Wallace, 1255 Gulf Stream Avenue (34236), stated that her comments are similar to those expressed by Mr. Kirschner; that beautiful Sarasota Bay should be maintained as attractive and aesthetically pleasing; that the creation of dangerous situations on high-level bridges by high winds is a scientific fact; that the proposed bridge will not alleviate traffic, resolve flooding issues, or provide safe evacuation from the barrier islands; that the Classic Contemporary design is graceless; that the bridge proposed is an aesthetic disaster and a functional failure; that a new bridge should be sited at an appropriate location. Maurice Richards, 204 North Adams Drive (34236), stated that he has owned property on St. Armands Key for 10 years and has been a resident for the past four years; that he has never been inconvenienced traveling over the existing bridge; that occasionally he has misjudged the bridge openings but has been delayed for no longer than 3.5 minutes; that the proposed bridge does not belong across the John Ringling Causeway; that the evacuation routes, St. Armands Circle, North Washington Drive, and North Adams Drive, which is currently used as a cut-through street for those traveling north on the Keys, flood during rainstorms; that substantial funding should not be expended to build a bridge that provides no benefits; that he strongly opposes the proposed bridge, which, at a 5% grade, will create a speedway and be a disaster waiting to happen; that the cost of the bridge which was originally estimated at $28.5 million was reported as $36 million at the May 19, 1997, MPO meeting; that the actual cost will probably be closer to $50 million; that expending $3 million to repair and extend the longevity of the existing bridge for another 25 years is a better investment; that he would be willing to contribute toward the $182,700, if necessary, to stop construction of the proposed bridge. Jaquiline Phillips, 4891 Peregrine Point Circle East (34231- 2340), stated that she opposes the proposed bridge but would prefer to raise public donations to reimburse the City for the expenditure of $182,700 than to raise public donations for a legal defense fund; that litigation will not be productive; that the elected officials and leaders in the community should proceed as necessary to find a solution which will address the needs and concerns of all parties involved; that prior to moving to Sarasota, she owned homes in London, England; Boston, Massachusetts; San Francisco and Los Angeles, California; and was raised in Chicago, Illinois; that many of the citizens take the beauty of Sarasota for granted; that an 80-foot-high bridge over 2,000 feet of water will ruin the special quality of Sarasota Bay, which attracted her to Sarasota. Gary Majer, 201 Seagull Lane (34236), requested that the Commission once again reject the 65-foot, fixed-span bridge regardless of the design and take any steps necessary to defeat construction of an obvious and unwanted monstrocity. Mark Smith, 5562 Cape Aqua Drive (34242), representing American Institute of Architects (AIA), stated that in 1991 a transportation analysis concluded that the 12.5 miles between the John Ringling Causeway and Cortez Bridges was much too far considering the 2010 population employment projections for Longboat Key and the adjacent beaches; and cited the following from a 1991 report provided to the MPO regarding the transportation analysis for an additional bridge to the barrier islands: It is appropriate to conclude that without an additional bridge major capacity problems will occur on existing bridges serving the barrier islands. Substantial traffic delays will also occur around and through St. Armands Circle. All of the facilities within the study area will operate at or above level of : service (LOS) "D". Mr. Smith stated that the local State legislators contacted following the May 19, 1997, MPO meeting, were shown the report referenced; that the local legislators were interested in the City's dilemma regarding the bridge and were genuinely surprised by the MPO's vote, considering that vote was only to put the bridge issue on the next MPO agenda; that he suggests the Commission and members of the community contact State representatives, i.e., Senators Katherine Harris and John McKay, and House Representative Shirley Brown, to request assistance in dealing with the rules and regulations, e.g., which only allow funding for a replacement bridge versus a new bridge, and to achieve a solution for Sarasota. Mr. Smith cited the following from the contract between the City of Sarasota and Figg Engineers, Inc.: BOOK 41 Page 14726 06/02/97 6:00 P.M. BOOK 41 Page 14727 06/02/97 6:00 P.M. DESIGN CHARETTE II The final selected features for the signature bridge will be prepared in a computerized drawing in a photograph of the site considering three views. Mr. Smith stated that the contract has not been fulfilled; that images, pictures, etc., of the proposed Classic Contemporary design are not displayed; that line drawings are the only visualizations provided; that a partial model showing the flattest part of the bridge and did not even include the banks was displayed at the May 5, 1997, Commission meeting; that the Commission is being requested to vote on a design that cannot be viewed; that the Commission should not vote on the design until the contract is fulfilled; that postponing a decision on the design will give legislators time to review the options available to the City. Isabel Lillie, 351 North Shore Drive (34234), representing the Bridge Too High Committee, was no longer present in the Commission Chambers. Heather Schoonheim, 539 Bird Key Drive (34236), stated that she is a Bird Key resident who opposes the proposed bridge, which is too high, intrusive, and will hugely impact a beautiful waterway; that she will be living in Sarasota in the 21st Century and is willing to assist the city in efforts to stop construction of the proposed bridge; that on May 6, 1997, she spoke with a representative of the Federal Highway Administration (FHWA), who referenced a particular federal regulation which could stop construction of the bridge and who provided her with names and addresses of appropriate representatives to contact, including FDOT in Bartow; that the FHWA representative was surprised that $30 million is being allocated for a bridge which the City Commission has voted against; that representatives from the FDOT have indicated funds for other than 65-foot, high-span bridges are being allocated; that the City expends substantial funding in other areas; that $182,700 is not a substantial amount to ensure the bridge design selected will beautify and not destroy Sarasota Bay. Commissioner Cardamone asked if the date and times of discussions held with the various individuals referenced have been documented? Ms. Schoonheim stated that she attempted to document the date and times; that many of the representatives in Washington, D.C., who were surprised she was contacting them versus the State, were informed of the situation occurring with the MPO and the FDOT, and indicated that the issue would be researched and they would get back to her; that the names of people with whom she spoke will be forwarded to the Administration; that she plans to re- contact the Federal Highway Administration and FDOT representatives to request responses in writing; that any information obtained will be forwarded to the City Administration. Tollyn Twitchell, 1445 Flower Drive (34239), stated that he has been a member of the MPO's Citizen's Advisory Committee representing the City for the past 10 years and has watched how the FDOT railroad issues; that the State has established a fund for replacement bridges, which are budgeted based on current standards and regulations; that the height of the bridge is set by the Coast Guard Commander in Miami, Florida, who is not willing to recommend a reduction in the height of the proposed bridge; that many of the regulations are difficult to change but can be changed politically; that improvements to the transportation corridor and evacuation route should be accomplished if $30 million is to be spent on a replacement bridge; that the existing location, which was a logical place for John Ringling to construct a bridge, may not be the logical place to site a bridge for use over the next 50 years; that Longboat Key planners no longer favor a bridge at a mid-crossing of Sarasota Bay; that the two bridges at each end of the Bay should be reviewed together, which has not occurred; that relocating both the John Ringling Causeway and Cortez Road bridges should be considered to alleviate traffic; that relocating or realigning the John Ringling Causeway Bridge will not only improve traffic problems to and from the barrier islands but will also reduce the negative impacts traffic has on Downtown Sarasota. Mr. Twitchell suggested that the Commission vote in favor of the Charette design but vote against the construction of the proposed bridge unless the location can be justified to improve transportation and to pursue a joint effort with Longboat Key regarding the relocation of both bridges; that the existing bridges could be repaired while a joint plan is researched and developed. Mayor Pillot stated that conversations have been held with Kumar Mahadaven, Executive Director, Mote Marine Laboratory, Inc., and Dale Shields, Pelican Man's Bird Sanctuary, two people who were unable to attend the Commission meeting and requested that their positions regarding the location of the proposed bridge be expressed. Mayor Pillot continued that siting the proposed bridge from approximately 10th Street to Ken Thompson Park, formerly known as City Island, is not a viable solution as wind, loss of view of the water, the slope, the scale, and the height of a 65-foot, fixed-span bridge would have exactly the same negatives at 10th Street as at the proposed location; that presuming the existing bridge would be demolished, traffic on St. Armands Circle would not be significantly reduced, as motorists utilizing a bridge BOOK 41 Page 14728 06/02/97 6:00 P.M. BOOK 41 Page 14729 06/02/97 6:00 P.M. from the mainland to Longboat Key would still have to go around the Circle or cut through neighborhood streets to ingress and egress St. Armands and Lido Keys; that relocating the bridge will not address the flooding concerns, which should be addressed separately and regardless of whether a new bridge is built; that as he recalls, approximately seven years ago a previous Commission had offered to pursue a project to alleviate the flooding but were requested by representatives of St. Armands not to proceed because of the negative impacts construction would cause. City Manager Sollenberger stated that is correct. Mayor Pillot stated that a bridge connecting to Ken Thompson Park would be disruptive to Mote Marine Laboratories and to the Pelican Man's Bird Sanctuary, as the fumes from the traffic would be unacceptable to the wildlife. Mayor Pillot continued that the City Manager was requested to ask David Twiddy, District One Secretary, FDOT, about the possibility of connecting a bridge to Ken Thompson Park; and cited the following from the response received from City Manager Sollenberger: Secretary Twiddy was out of the office, but I spoke with Eugene O'Dell, Public Information Director, who subsequently contacted the Secretary and faxed me the attached: Points concerning a 10th Street alignment for the present Ringling Bridge: 1. Cost would be significantly higher, estimated at $74,402 million, than the current proposal. 2. It is extremely unlikely that environmental permits would be obtainable. 3. Funds presently available are only usable for a replacement bridge. 4. There would be impacts to seagrass beds and natural areas. 5. The 10th Street option would still not address the needed replacement of the current bascule bridge. 6. Channel realignment of the Gulf intercoastal waterway would be required. 7. Approximately 4.5 acres of right-of-way would be required. Mayor Pillot stated that construction of a bridge from 10th Street to Ken Thompson Park would seem to be foolish for the reasons stated and for the damage which would be caused to mainland in the vicinity of Centennial Park. Commissioner Cardamone stated the response referenced from Mr. Twiddy implies building a bridge from 10th Street would be virtually impossible; however, the 10th Street option was one of the proposals provided by the FDOT to the first bridge task force which was appointed to consider a site for the bridge; that once again, information from the FDOT has not been presented as well as it should have been. Mayor Pillot asked for direction from the City Manager. City Manager Sollenberger stated that the Commission could begin by considering the Administration's recommendation, which is to approve the Classic Contemporary design selected at the Charette with the following modifications: 6% grade on Bird Key side, 5% grade on mainland side 2-foot inside breakdown lanes (14-foot traffic lane) 16-foot sidewalk on north side of bridge Overlook at the top on the north side with pedestrian features Decision on lighting, railing, and landscaping to come back to City Commission for final approval Commissioner Merrill stated that continuous deliberation on the bridge issue has not been fun; that achieving from the Charette a distinctive, unique design that could serve as a logo for the City of Sarasota had been anticipated; however, the Classic Contemporary design is common and typical, not distinctive or unique and would never be viewed as a logo for the City. Commissioner Merrill continued that many of the negative impacts were not realized when crossing the Dick Misener Bridge for less than a minute in a vehicle; however, from the perspective of a bicyclist who is constrained in a 12-foot lane full of gravel and debris adjacent to speeding traffic for three-quarters of a mile and who is required to look past three New Jersey Barriers to view the opposite side, the Bridge is huge, desolate, and totally unfriendly; that the size of the proposed replacement bridge is not conducive. to the pedestrian scale the Commission has been attempting to achieve in maintaining a City of urban amenities with small town living and feeling. BOOK 41 Page 14730 06/02/97 6:00 P.M. BOOK 41 Page 14731 06/02/97 6:00 P.M. Commissioner Merrill further stated that he was very offended by the MPO vote against placing the bridge issue on the next MPO agenda to allow the City Commissioners to explain some of the new issues being raised; that the MPO was unwilling to spend the time to hear the public or to have democracy work by considering issues which have been raised, e.g., the compromise of a 45-foot bascule bridge; that speaker have referenced the valid argument that $30 million will be expended to resolve nothing other than convenience to some people; that one of the County Commissioners on the MPO, who voted against further discussion on the bridge issue, referenced the insufficient funding available to build roads to address transportation issues but ironically supports expending $30 million on the proposed bridge; that the existing bridge could be repaired for $3 million while alternatives, including a joint effort with Longboat Key or support from State representatives, are pursued; that the Joint Project Agreement does not specify a date by which the City has to respond regarding the Charette design; that the timetable attached simply states the City will not be reimbursed the $182,700 unless the Charette design is selected; that he would prefer the Commission take no vote on the Charette design and, instead, request the City Attorney to pursue legal avenues to halt the process until after the next election cycle or until a better compromise is found; that possibly the membership on the MPO will change and be more willing to listen to the public; that voting to approve the Charette design but stating the proposed bridge is opposed rings hollow; that the Commission should continue supporting the position against the high-level, fixed-span bridge and show a strong commitment in favor of stopping construction by contacting State and U.S. Senators and Representatives regarding the issue and by having the City Attorney research legal avenues; that taking no action on the aesthetic design of the bridge would prevent the loss of $182,700 and provide time for the City to pursue an approach which will lead to a compromise. Vice Mayor Dupree stated that he focused on three issue: the need, the want, and the alternatives for a bridge; that as the speakers provided input he heard many wants, and a number of alternatives, including: reject the Charette design, accept the Charette design but pursue the issue further, contact State representatives for assistance, repair the existing bridge, build two bridges, repair the existing bridge and site a new bridge at another location, and delay action on the Charette design until the November 17, 1997, regular City Commission meeting so a referendum on the bridge issue can be held; that a real need for the bridge was not heard; that many of the alternatives referenced have merit; however, the Commission will have to make a decision regarding which alternative should be pursued. Commissioner Patterson stated that she does not have a problem losing $182,700 to pursue an outcome viewed as achievable or to risk $182,700 for a fight her constituency feels is worthy; that the majority of people who have spoken tonight feel the fight is worthy; however, the Commission Chambers could easily be filled with citizens who have taken the opposite position; that she is not at all convinced that spending $182,700 is going to achieve the outcome desired; that approximately two years ago she suggested that the bridge issue be placed on the ballot when there was an election held to elect two of the three district Commissioners, which would have cost approximately $7,000; however, the suggestion was not supported by the Commission; that the newspaper has recently exposed the issue to the public in a manner the Commission would have appreciated three years ago; that the community is still divided regarding the bridge issue; that she agrees the proposed bridge will not resolve many problems and is absolutely wrong for the community; however, the chances of the City's changing the direction on the bridge are slim, especially without a public vote to show State representatives the real will of the citizens; that she would feel more confident knowing that the majority of the citizens support the Commission's position before a large sum of taxpayers dollars is expended on fighting a crusade that common sense and 3.5 years of struggling on the MPO and with the FDOT has made her realize the odds of City's prevailing are slim no matter how right pursing the crusade may feel. Commissioner Patterson distributed copies of and explained the following written motion for Commission consideration: 1. Accept the basic aesthetic design of the bridge as presented by FEG, but to clarify in writing to the FDOT that the decision on the aesthetic design is only acceptable if a high-level, 65-foot bridge must be constructed and that the City is retaining the ability to fight the decision on the height of the bridge. Commissioner Patterson stated that the $182,700 would fund a substantial amount of the legal expenses required to accomplish the outcome desired by the majority of citizens in the Commission Chambers tonight. 2. Seek a legal opinion of the Commission's prerogatives from the attorneys involved in the Cortez and Anna Maria Bridges and from anyone else the City Attorney deems necessary. Commissioner Patterson stated that the attorneys referenced have successfully stalled construction of the Cortez and Anna Maria Bridges. 3. Pursue whatever political avenues available for overturning the FDOT and MPO decision at the State and Federal levels. BOOK 41 Page 14732 06/02/97 6:00 P.M. BOOK 41 Page 14733 06/02/97 6:00 P.M. Commissioner Patterson stated that she supports the suggestion by Mr. Kirschner that many citizens, members of the business community, leaders in the neighborhoods, and local officials need to talk with the Governor and State officials regarding the bridge issue. 4. Consider a Citywide, non-binding referendum on the bridge issue in the fall to determine the real extent of opposition to a high-level bridge within the City's jurisdiction. Commissioner Patterson stated that delaying a decision on the Charette design until November would provide the newspaper plenty of time to educate the public on the issue; however, she feels the referendum should be placed on a City ballot rather than on a Countywide ballot; that she is not interested in hearing from voters, e.g., in the City of Venice, where a drawbridge is being preserved; that she was not only offended by the MPO vote but also by those commissioners from cities who left prior to the vote being taken, one of whose cities' issues the Sarasota City Commissioners on the MPO have supported in the past. 5. Specify desired City Commission modifications to the Charette design by separate vote taken following a decision on first four points outlined. On motion of Commissioner Merrill and second of Mayor Pillot (who passed the gavel to Vice Mayor Dupree), it was moved to extend the meeting past 11:30. Commissioner Cardamone stated that discontinuing the meeting without concluding the bridge issue or addressing issues for which speakers have been waiting to provide input would not be appropriate; therefore, she will support the motion. Mayor Pillot called for a vote on the motion. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. City Attorney Taylor stated that based on discussions regarding the City's situation which were held with the attorneys who handled the bridge matters for other jurisdictions, he would feel more comfortable with the City's legal position if the Commission takes no action or rejects the Charette design rather than accepting the Charette design and forwarding a letter to the FDOT expressing an intent to fight the high-level, 65-foot bridge. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to approved the following: 1. Postpone the decision on the basic design of the bridge as presented by FEG. 2. Seek a legal opinion of the Commission's prerogatives from the attorneys involved in the Cortez and Anna Maria Bridges and from anyone else the City Attorney deems necessary. 3. Pursue whatever political avenues available for overturning the FDOT and MPO decision at the State and Federal levels. 4. Hold a Citywide non-binding referendum on the bridge issue in the fall to determine the real extent of opposition to a high-level bridge within the City's jurisdiction. Commissioner Cardamone stated that she will vote against the motion on the floor; that requesting citizens to vote on a non- binding referendum is not supported. Commissioner Patterson stated that the Commission could be bound by the referendum; however, the citizens' vote would not be binding as to whether or not the bridge is built. Commissioner Cardamone stated that the City Commission is elected to make decisions; that placing the bridge issue for a public vote is not something which can be supported. Commissioner Cardamone continued that the following is an alternative motion the Commission could consider: A. Reject the aesthetic design and accept donations to repay the City investment in the Charette. B. Use every lawful means to obtain a change in the position of the FDOT regarding construction of a 65-foot clearance bridge. Commissioner Cardamone stated that she is not opposed to postponing the Commission's decision regarding the Charette design but has a strong obligation not to continue requiring the community to attend meetings because the Commission cannot make a decision; that she is not a major proponent of losing $182,700 but could justify the expense as part of the cost of repairing the existing bridge; that people have offered to work diligently in finding 2,000 people willing to donate $100 to the project. Commissioner Cardamone continued that the May 19, 1997, MPO meeting was one of her worst governmental experiences; that an alternate was allowed to vote, which many of the MPO members, including those not in attendance or those who had to leave, may not have been aware was allowed; that she spoke and reminded the BOOK 41 Page 14734 06/02/97 6:00 P.M. BOOK 41 Page 14735 06/02/97 6:00 P.M. MPO that the proposed bridge clearly had no means of addressing problems of stormwater drainage and traffic congestion. Commissioner Cardamone requested that separate votes be taken on the various actions in the motion. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve division of the question. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that the City will be obligated to expend the $182,700 for the Charette process if the Commission delays the vote on the Classic Contemporary design and meets with any success in finding a legal alternative to stop construction of the bridge. Mayor Pillot stated that during public input, two speakers made separate comments which were extremely meaningful to him; that one speaker urged the Commission to vote their convictions regardless of the positions any other group or organization take, which he views as good representation at the government level; that the second speaker referenced that the Commission will be remembered for the vote taken on the bridge issue tonight; that he agrees with Commissioner Patterson that the Commission Chambers could easily be filled with people who feel differently than the majority of people who spoke tonight; that the community is divided on the bridge issue; that the responses received to a newspaper poll privately funded were 10 to 1 in favor of a high- level bridge, which is an indicator that community consensus does not exist; that on August 19, 1996, the City Commission voted, in the absence through illness of Vice Mayor Dupree, 4 to 0 to approve entering into the Joint Project Agreement with the FDOT; that neither the contract nor the six-point motion made to approve the contract referenced the height of the bridge; that an intention to fight the height of the bridge should have been made on August 19, 1996, if that was the intent of the Commission; that the options for legal action or legislative action through the local legislative delegation, the Governor, or Federal authorities would still be available to the community if the Classic Contemporary design were accepted; that, in addition, the City would not lose $182,700, which he agrees is not a significant amount given the importance of the bridge issue; that prior to voting against requesting the MPO to place the bridge issue on a future agenda for discussion, he had asked the City Manager how the FDOT would proceed if the Commission rejected the Charette design; that the response received was that FDOT District One Secretary Twiddy had indicated that FDOT would more than likely proceed with the project as designed. Mayor Pillot continued that people may remember that the Van Wezel Performing Arts Hall (VWPAH), which is now considered the jewel of Sarasota, was not well received when first built;. that he will not support placing the bridge issue on a referendum and totally agrees with the reasons expressed by Commissioner Cardamone; that Commissioners, in running for office, accepted a responsibility to represent the people in the representative form of government which has been in existence for 220-plus years; that elected officials who make mistakes are typically voted out of office, and should be; however, while in office, elected officials should carry out the job which was offered when they made themselves available for election. Mayor Pillot further stated that Commissioner Patterson's motion is extremely well thought out; however, he will vote against the motion because he believes the City should proceed with building the John Ringling Causeway Bridge Replacement. Commissioner Merrill stated that the motion should include direction regarding the initiation of new thoughts on alternatives and compromises, e.g., encouraging the MPO to establish a task force to review the bridge, taking into consideration issues of traffic and other concerns raised; that otherwise, the issue could be held in abeyance until November. Commissioner Merrill continued that the non-binding referendum will not assist him in determining a position but will help send a message more clearly to representatives at higher levels of government who are not familiar with the local public and who are hearing one position from City Commissioners and another position from County Commissioners; that gaining the support of State and Federal officials will be difficult absent a clear statement which will be provided by holding a non-binding referendum on the bridge issue. Commissioner Merrill further stated that a bridge connecting 10th Street in the vicinity of Centennial Park to Ken Thompson Park could not be supported and probably would be opposed for many of the reasons stated by Mayor Pillot and because of the negative impacts siting a bridge at that location would have on City park lands and the views from VWPAH and the Sarasota Sailing Squadron. Commissioner Patterson stated that the non-binding referendum was not suggested because she has difficulty making decisions, popular or unpopular; that her position on the issue is clear; however, she has had endless conversations with people whose intelligence is respected, who are dedicated members of the community, as are the people present in the Commission Chambers tonight, but who believe just as strongly that constructing a high bridge is important for the community not only for convenience, which is probably a false issue, but because periodic preakdowns make people leery of the existing bridge; that people will experience an enormous inconvenience if the City BOOK 41 Page 14736 06/02/97 6:00 P.M. BOOK 41 Page 14737 06/02/97 6:00 P.M. pursues options to derail the construction of the proposed bridge and the existing bridge breaks down forcing the Sarasota population to travel all the way around to Longboat Key to access St. Armands and Lido Keys; that the FDOT will not be enormously anxious to take the steps necessary to repair the bridge when breakdowns occur if the City takes steps similar to those pursued by Holmes Beach and Anna Maria Island to delay construction of a new high-level, fixed-span bridge. Commissioner Patterson continued that the public is encouraged to talk with the MPO members as a positive vote of the MPO will be necessary to remove the 65-foot, fixed-span replacement bridge from the work plan, to repair the existing bridge, or to achieve a 45-foot bascule bridge unless the entire structure of the FDOT process is changed. Commissioner Cardamone stated that the referendum could possibly be supported if limited to City voters; however, public outcry will be heard from the people who use the bridge on a daily basis, e.g., residents from Longboat Key, if the referendum is limited only to City voters; that in attempting to lobby support for the City Commission's position against a high-level bridge in past years, she heard from both County Commissioner David Mills and former County Commissioner Charlie Richards that the bridge is a transportation issue and not a City issue. Commissioner Patterson stated that Longboat Key voters previously supported a referendum in favor of constructing a high-level bridge connecting to the City of Sarasota. Commissioner Cardamone stated that she understands the political ramifications of providing State and Federal officials with a large vote indicating the public opinion; however, placing the bridge issue on the same ballot as the referendum for a ten-year extension of the Local Option Sales Tax (L.0.S.T.) may not be wise; that the L.0.S.T. referendum is an important, single-item issue which could be affected by negative votes on the bridge. Mayor Pillot called for a vote on the motion to postpone the decision on the basic design of the bridge as presented by FEG. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. Mayor Pillot called for a vote on the motion to seek a legal opinion of the Commission's prerogatives from the attorneys involved in the Cortez and Anna Maria Bridges and from anyone else the City Attorney deems necessary. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. Mayor Pillot called for a vote on the motion to pursue whatever political avenues available for overturning the FDOT and MPO decision at the State and Federal levels. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. Mayor Pillot called for a vote on the motion to hold a Citywide non-binding referendum on the bridge issue in the fall of 1997 to determine the real extent of opposition to a high-level bridge within the City's jurisdiction. Motion carried (3 to 2): Cardamone, no; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. Commissioner Patterson stated that she disagrees with the City Engineer's interpretation that the Commission has authorized the FDOT unrestricted use of North Bird Key Park; that her understanding of the May 1, 1995, agenda item on which the Commission voted simply referred to the continuation of a sidewalk; and requested that the City Attorney review the actual verbatim of the audio tape and determine whether a potential legal issue exists and, if so, to advise the Commission regarding a reconsideration of the vote taken; that she would be more than happy to give notice to reconsider the vote, if appropriate. 9. UNFINISHED BUSINESS: DISCUSSION RE: CONFIRM THE ACTION OF THE CITY COMMISSION AT THE WORKSHOP ON LOCAL OPTION SALES TAX EXTENSION PROJECTS FOR PUBLICATION AND THE PUBLIC HEARING SCHEDULED FOR JUNE 16, 1997 DIRECTED ADMINISTRATION TO PREPARE PUBLICATION OF L.0.S.T. PROJECTS AND PROCESS NOTIFICATION OF THE PUBLIC HEARING ON JUNE 16, 1997 (AGENDA ITEM VII-2) #4 (3160) through #5 (0642) City Manager Sollenberger stated that the City Commission met earlier today in a workshop and developed the following list of proposed projects for funding by the ten-year extension of the Local Option Sales Tax (L.O.S.T.): MAINTENANCE OF CULTURAL FACILITIES: Van Wezel Performing Arts Hall (VWPAH) Renovate the VWPAH $10,000,000 Contingency for Van Wezel 2,500,000 TOTAL MAINTENANCE CULTURAL FACILITIES $12,500,000 RECREATION: Bobby Jones Golf Complex Rebuild American Course 300,000 Island Park Improvements Renovate Restrooms Built in the 1970s 150,000 Lukewood Park Install Reuse Lines 100,000 Payne Park BOOK 41 Page 14738 06/02/97 6:00 P.M. BOOK 41 Page 14739 06/02/97 6:00 P.M. Trees, Landscaping, and Picnic Areas 1,000,000 Purchase Waterfront Park Property from Centennial to Whittaker Gateway Parks 2,000,000 TOTAL RECREATION $ 3,550,000 TRANSPORTATION: 6th Street from U.S. 301 Pedestrian/Bike Paths/Landscaping/Lighting 833,000 Cocoanut Avenue - Pedestrian/Pike Paths Pedestrian/Bike Paths/Landscaping/Lighting 389,000 Ringling Boulevard/Lime Avenue Intersection Improvements 150,000 Osprey Avenue at Mound Street Intersection Improvements 350,000 Jefferson Avenue North of 10th Street Paving, Curbs, and Gutters 62,500 Shade Avenue between 6th and 8th Streets Paving, Curbs, and Gutters 126,500 St. Armands Drainage Improvements Drainage Improvements to be Shared by FDOT 1,750,000 Main Street from Orange to School Avenues Landscaping/Irrigation/Parking/Lighting 2,500,000 Walkway Main Street to State., Street Provide Midblock Walkway 200,000 Myrtle Street from U.S. 41 to U.S. 301 Curbs/Cutter/streetscape/Malways 1,060,000 Bradenton Road from MLK Way to University Pkwy Curbs/Gutters/Streetlights/Walkways 1,540,000 Lime Ave. from Ringling Blvd. to 10th St. Streetscape/Parking/Lighting/Sidewalks 1,000,000 TOTAL TRANSPORTATION $ 9,961,000 NEIGHBORHOOD IMPROVEMENTS: East Sarasota Park Establish Neighborhood Park 1,250,000 Water Tower Park Improve Recreational Facilities 545,000 Dr. Martin Luther King, Jr., Park Restrooms/Gazebo/Concession Facilities 200,000 Arlington Park Expand Parking Facilities 50,000 Citywide Sidewalk Projects Safety and Pedestrian Linkages 1,540,000 Curb and Gutter Placement Improve Drainage and Provide Safety 3,500,000 Expansion of Reuse Transmission System Reuse for North and South West Areas 1,000,000 Central Avenue from Fruitville Rd. to 1st St. Continue Streetscape Theme 100,000 Street Trees - Annual Planting Program Plant 600 to 900 trees per year 1,500,000 Resurface Streets Continue Annual Resurfacing Program 7,500,000 Autohaus Kolar Property Osprey Ave. at McClellan Pkwy (Neighborhood Park) 390,000 Beautification of Indian Beach Trees/Landscaping/Streetlights/Walkway 50,000 Future Projects for all Neighborhoods Sidewalks, Lighting, Landscaping, Etc. 1,522,257 TOTAL NEIGHBORHOOD IMPROVEMENTS $19,147,257 STORMWATER: Stormwater Projects throughout the City Relive Structural and Street Flooding 5,500,000 Street underdrains at various locations Drainage and Road Underdrain Improvements 2,000,000 TOTAL STORMWATER PROJECTS $ 7,500,000 TOTAL ALL PROJECTS $52,658,257 City Manager Sollenberger stated that confirmation of the Commission's decision at the workshop is necessary to ensure proper publication of the proposed L.0.S.T. projects and notification of the date of the public hearing. Dr. Thomas Gaul, Superintendent of Sarasota County Schools, came before the Commission and stated that the Sarasota County School Board requests the Commission consider two options to increase the L.O.S.T. funds allocated to the school system: 1. Increase the Sarasota County School Board's share of the proposed one-cent sales tax from one- quarter percent to three-eighths percent for ten years; or 2. Adjust the percentage of the one-cent sales tax to allow the School Board to collect one-half of one percent for the first two years and then adjust the percentage downward for the remainder of the ten-year tax. Dr. Gaul stated that North Port has approved the request to increase the School Board's share of the one-cent sales tax to three-eighths percent; that the request is a product of a long study conducted by the Capital Projects Advisor Committee (CPAC) comprised of a cross-section of the community; that after holding meetings for seven months, collecting data, and visiting school sites, CPAC produced a report which concluded the projected funding for the Capital Projects Plan will be inadequate and result in substantial deterioration of school facilities, inadequate classroom space, and a diminished educational environment; that the CPAC recommended that the School Board's percentage of the one-cent L.0.S.T. be increased from one-quarter cent to three-eighths of a cent; that approval of the request BOOK 41 Page 14740 06/02/97 6:00 P.M. 57 BOOK 41 Page 14741 06/02/97 6:00 P.M. will solve overcrowding in Venice High, Venice Middle, Laurel Middle, Nokomis Elementary, Riverview High, and Sarasota Middle Schools. Mayor Pillot stated that the Commission received copies of the approval action taken by North Port and Dr. Gaul's May 29, 1997, letter; that the School Board's request for increased funding was discussed earlier during the L.O.S.T. workshopi and asked if Dr. Gaul was apprised of the Commission's discussion? City Manager Sollenberger stated that Dr. Gaul was informed of the scheduling of this item on the agenda; that the Commission determined earlier today a list of proposed projects totaling $52.6 million, the projected ten-year allocation under the existing formula established for distribution of funds between Sarasota County, the municipalities located in the County, and the Sarasota County School Board. Mayor Pillot stated that the Commission reached consensus at today's L.0.S.T. workshop to commit for City projects the total amount available under the existing formula; that the vote was not easy as Dr. Gaul had made a valid presentation to allocate extra funds for the school system in his letter to the Commission. Vice Mayor Dupree stated that the City had to eliminate many projects requiring millions of dollars as the amount allocated of L.O.S.T. revenue anticipated as the City's share was not sufficient. Mayor Pillot stated that the Administration estimates the City would suffer a $9 million decrease in funds or 17 to 18 percent of total expected revenues if the Commission agreed, as did North Port, to approve the request to increase the School Board's allocation of L.0.S.T. funds from one-quarter to three-eighths cent; that each Commissioner expended considerable time over the last few weeks studying the projects. Commissioner Patterson stated that each Commissioner believes the viability of the school system is of paramount importance to the community; however, the City is addressing the infrastructure needs of declining neighborhoods; that the VWPAH will be unable to serve the community absent a major investment for renovations; that the L.0.S.T. funds reserved for the VWPAH cover slightly less than two-thirds of the costs; that contributions from the community will be required to raise additional funds; that stormwater drainage is another major issue for residents whose homes and streets are flooding; that the Commission regrets being unable to approve the School Board's request. Commissioner Patterson continued that an urbanized City must struggle with dollars apportioned based on population and yet still provide the infrastructure and amenities of a commercial hub serving the entire County; that the City has more difficulty than other jurisdictions in the County meeting the costs of capital improvements projects; that the City's success is uncertain if the proposed ten-year extension of the L.0.S.T. is not approved in the November 1997 referendum. Mayor Pillot stated that Dr. Gaul may feel the City Manager should have called and advised him of the Commission's decision at today's L.0.S.T. workshop; that the Commission decided against directing the City Manager to do so due to the lack of a formal vote which could not be taken legally under the Sunshine Law at a workshop; that the Commission felt Dr. Gaul was owed the courtesy of being allowed to make his presentation. Dr. Gaul stated that the Commission's consideration is appreciated; that the capital improvements projects proposed by the School Board are important to the community; that although the School Board has already invested funds for substantial improvements at Tuttle Elementary and Brookside Middle Schools, additional funds are required to complete improvements to schools located in the City as well as schools located in other municipalities in the County; that additional improvements will create an exemplary campus at Sarasota High School (SHS) : that improvements to City schools should be coordinated with building projects required throughout the County; that massive redistricting will become inevitable if schools throughout the County are not addressed as a comprehensive project. Dr. Gaul continued that adjusting the percentage to allow the School Board to collect the half cent for two years with the percentage prorated downward in years three through ten would allow the School Board to pay for construction projects in advance as necessaryi that improvements to schools located in mid and south County would be expedited and City schools receive investment more quickly. Dr. Gaul further stated that the Commission is requested to consider providing adequate and fair funding to school projects; that the Sarasota County School Board expended the previous one-quarter percent of the L.O.S.T. wisely and exactly as proposed; that allocating one-half cent up front will provide flexibility and allow the funds to be invested to the City's benefit. Mayor Pillot asked if the City will receive the $52.6 million allocated under the existing formula if the Sarasota County School Board receives one-half cent for two years and the balance prorated over the remaining eight years? BOOK 41 Page 14742 06/02/97 6:00 P.M. BOOK 41 Page 14743 06/02/97 6:00 P.M. Dr. Gaul stated that some projects will not be funded if the three-eighths cent requested by the School Board is denied; however, the one-half cent up front will facilitate improvements more quickly; that improvements to the North Port school system and alleviating overcrowding in mid County, particularly at Riverview High School, will be expedited; that projects in the City could move forward. Dr. Gaul continued that fronting the one-half cent during the first two years will not produce the comprehensive plan expected by increasing the total percentage from one-quarter cent to three-eighths of a cent; that an investment in the school system is an investment in the entire County; that no municipality in the United States with a poor public school system can be viable. Mayor Pillot asked if the City could expect to receive the full $52.6 million estimated from the ten-year extension of the L.O.S.T. if the Commission approves the School Board's request for one-half cent up front? Dr. Gaul stated yes. Mayor Pillot asked if the total amount of L.0.S.T. allocated to the School Board by having one-half cent fronted for the first two years and prorating the percentage of the one-cent sales tax for the remaining eight years would be less than the total amount of L.O.S.T. the School Board expects to receive under the existing one-quarter cent formula? Dr. Gaul stated yes. Mayor Pillot stated that Staff estimated the City's share would be reduced by $900,000 per year if the Commission approved allocating three-eighths of a cent to the school system; and asked if the City's share will be reduced by $1.8 million per year for the first two years if the request for one-half cent were approved? City Manager Sollenberger stated that is correct. Mayor Pillot asked how the City's list of prioritized L.O.S.T. projects would be affected if the City approves the one-half cent for the first two years with the understanding that the $3.6 million would be prorated back to the City over the remaining eight years? City Manager Sollenberger stated that an answer cannot be provided at this meeting; that the City is experiencing cash flow problems similar to those of the School Board; that the School Board requires cash up front to fund construction costs for capital improvements projects; that, for example, the Commission allocated $10 million for renovations to the VWPAH; however, the total required to complete the renovations is estimated at $12.5 million; that the City's expected $5.2 million per year share of the L.O.S.T. funds would be reduced to $1 million per year for the first two years if the one-half cent requested by the School Board is approved. Mayor Pillot stated that $52.6 million is the amount projected as the City's share of proposed L.O.S.T. funds over a ten-year period; that approximately $5.26 million per year is expected; that the City would lose 35 percent of the expected L.O.S.T. funding for the first two years if the School Board's request for one-half cent is approved; and asked the consequences for the City if the L.O.S.T. revenues are reduced by 35 percent during the first two years? City Manager Sollenberger stated that the City's funding capability would be extremely restricted. Dr. Gaul stated that the CPAC determined that the School Board has managed previous L.O.S.T. funding well; that CPAC indicated that Sarasota County and the municipalities of the County would be practicing a sound fiscal policy beneficial to the taxpayers by allocating one-half cent up front to the school system rather than placing the School Board in the position of having to float a bond issue. Commissioner Patterson stated that renovations to the VWPAH cannot be delayed for two years; that the City will be reduced to floating a bond issue if the Commission approves the request to front one-half cent of the proposed L.0.S.T. revenues for two years to the Sarasota County School Board. Dr. Gaul stated that the School Board had hoped that some of the proposed projects for L.0.S.T. funding could be delayed for the first two years; that 1,600 students from North Port are being transported into overcrowded schools in Venice, Laurel, and Nokomis; that the impact on Riverview High School will be tremendous between now and the year 2005; that SHS has been improved; that capital improvement projects at Tuttle Elementary and Brookside Middle Schools are proposed; that the 45 portable classrooms at Tuttle Elementary School currently hold more students than the Classrooms inside the building; that Tuttle Elementary School will be enlarged to resolve the probiem; that the School Board is requesting relief. Commissioner Cardamone stated that transferring students from Riverview High School to SHS could alleviate overcrowding. Dr. Gaul stated that the student population at SHS is expected to increase due to the recent renovations; however, SHS and Riverview High School can expect 2,000 students each in the future; that shifting school populations will not resolve the problems; that facilities must be enlarged and renovated. Commissioner Cardamone stated that problems accompanying the issuance of bonds for capital improvements are well understood; that the Commission was informed at today's L.0.S.T. workshop BOOK 41 Page 14744 06/02/97 6:00 P.M. BOOK 41 Page 14745 06/02/97 6:00 P.M. that $7.5 million allocated to the VWPAH will require a bond issue requiring $2.5 million in debt service. Dr. Gaul stated that one of the buildings at SHS, constructed in the 1950s and housing the math and business departments, is in desperate need of renovation, including air conditioning estimated at $6 million; that the SHS campus should not be overcrowded with Riverview High School students during a massive renovation project. Mayor Pillot stated that the request by the Sarasota County School Board was discussed at today's L.0.S.T. workshop; that although the Commission tried to find a means of approving the request, final consensus was reached that the request could not be approved. Dr. Gaul stated that the Governor is attempting to remedy some of the problems faced by school systems throughout the State; that the issue should be readdressed by the City if no solution is forthcoming from Tallahassee; that supporting the school system is a popular issue with the voters who will be asked to approve the ten-year extension of the L.0.S.T.i; that local governments should be willing to assist in resolving a dilemma faced by the school system in the event the State fails to provide funding remedies. Commissioner Patterson asked if the Sarasota County School Board is prohibited from seeking money for capital improvements through a bond issue? Dr. Gaul stated no. Commissioner Patterson stated that the City will be required to float a bond issue if the request for the one-half cent is approved; that the School Board should have no more difficulty passing a bond issue than attracting votes to pass a ten-year extension of L.O.S.T. if public school issues are as popular as predicted; that although the School Board has been reluctant to present issues to the electorate, City voters consistently support school-related issues. Dr. Gaul stated that he is proud of the contributions made by the Sarasota County School System, which is ranked 64th in a State-issued report indicating the ratio between Administrative and School Staff; that the School Board's policy of investing in the school system without overburdening the taxpayers has been an efficient and effective management policy. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to adjourn in fifteen minutes and change the Orders of the Day to address items for which members of the public have signed up to speak. Commissioner Cardamone asked if the Commission is required to address the second reading of proposed Ordinance No. 97-3997 under Unfinished Business to conditionally rezone the property at 521 Cocoanut Avenue from the Residential, Multiple-Family (RMF) to the Theater and Arts District (TAD) Zone District? City Auditor and Clerk Robinson stated that a request has been received to postpone the second reading of proposed Ordinance No. 97-3997 to the June 16, 1997, regular Commission meeting. Commissioner Patterson asked who submitted the request? City Attorney Taylor stated that the attorney for the owner of the property submitted the request for postponement of the second reading. Mayor Pillot asked if the matter regarding Sarasota's Adult Use Ordinance No. 94-3792 under New Business requires the Commission's attention at this meeting? City Attorney Taylor stated that the Commission will be asked to authorize the City Attorney's Office to amend Ordinance No. 94-3792 addressing the number of available sites within the City on which adult use establishments will be allowed to operate. Mayor Pillot called for a vote on the motion to extend the meeting to complete the confirmation of the proposed projects for funding by the ten-year extension of the L.0.S.T., Unfinished Business, Agenda Item VII-2, and to address the Adult Use Ordinance No. 94-3792 and the Ringling School of Art and Design request regarding a pedestrian crossing scheduled under New Business, Agenda Items VIII-2 and VIII-3. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to direct the Administration to prepare the publication of L.0.S.T. projects and to process notification of the public hearing on June 16, 1997. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 10. NEW BUSINESS: DISCUSSION RE: RINGLING SCHOOL OF ART & DESIGN TO INSTALL TWO PEDESTRIAN SAFETY STUDY DEVICES ACCEPTED PEDESTRIAN SAFETY STUDY AND ALLOWED RINGLING SCHOOL OF ART AND DESIGN TO FUND AND INSTALL TWO SPEED TABLES, CROSSWALKS, AND SIGNAGE ON DR. MARTIN LUTHER KING, JR. WAY (AGENDA ITEM VIII-3) #5 (0643) through (0706) City Manager Sollenberger stated that the Administration recommends accepting the pedestrian safety study and allowing BOOK 41 Page 14746 06/02/97 6:00 P.M. BOOK 41 Page 14747 06/02/97 6:00 P.M. Ringling School of Art and Design to fund and install pedestrian safety devices including two speed tables, crosswalks, and signage on Dr. Martin Luther King, Jr., Way between Bradenton Road and U.S. 41. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to accept the pedestrian safety study and to allow Ringling School of Art and Design to fund and install two speed tables, crosswalks, and signage on Dr. Martin Luther King, Jr., Way under the supervision of the Engineering Department. Donald Lawson, American Institute of Architects, 1800 Second Street, Suite 910 (34236) and Arthur Altenderfer, AM Engineering, Inc. 6320 Tower Lane, (34240), representing the Ringling School of Art and Design, deferred from speaking. Commissioner Cardamone stated that elevating the crosswalks will provide a better view of students crossing the street and deter speeding; and asked if the crosswalks will be elevated above the roadbed? Commissioner Patterson stated that the two speed tables installed on either side of the crosswalks will slow the speed of traffic; that the Engineering Department should determine how best to design the pedestrian crossing. Mayor Pillot called for a vote on the motion to accept the pedestrian safety study and to allow Ringling School of Art and Design to fund and install two speed tables, crosswalks, and signage on Dr. Martin Luther King, Jr., Way under the supervision of the Engineering Department. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 11. NEW BUSINESS: DISCUSSION RE: SARASOTA'S ADULT USE ORDINANCE NO. 94-3792 - AUTHORIZED CITY ATTORNEY TO AMEND ORDINANCE NO. 94-3792 (AGENDA ITEM VIII-4) #5 (0707) through (0954) City Attorney Taylor stated that on November 17, 1994, five adult use establishments currently doing business in the City brought suit challenging the City's Adult Use Ordinance No. 94-3792 on constitutional grounds and on grounds that the ordinance was not property enacted; that during the pendency of the lawsuit, the City employed William Brisson, an expert, to determine the number of available sites within the City to which the plaintiffs in the suit against the City could relocate their businesses; that the case was disposed of with a Final Summary Judgment Order declaring Ordinance No. 94-3972 void and without force and effect due to the City's failure to comply with the notice provisions of Section 166.041(3) (c), Florida Statutes; that the Commission is recommended to authorize the City Attorney's Office to amend the ordinance. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to authorize the City Attorney's Office to amend Ordinance No. 94-3792. Commissioner Patterson stated that the court's summary judgment order was unfortunate; that the City is now subject to the Burt J. Harris Act, Section 70.001, Florida Statutes, addressing mediation or arbitration as well as potential compensation to the owners of the five adult use establishments acting as plaintiffs in the suit against the city; that a lack of coordination between the City Attorney's Office and the City Auditor and Clerk's Office appears evident; that the City Attorney's Office should review the notifications of any potentially controversial issue to ensure ordinances will be supported in court. City Attorney Taylor stated that the City Attorney's Office does not review the publications and notices; that the City Auditor and Clerk depends on the City Attorney to expedite certain matters, and the City Attorney depends on the city Auditor and Clerk to properly notice each ordinance; that no criticism is intended; that no reason exists why notices could not be reviewed by the City Attorney's Office. Commissioner Patterson stated that the City Attorney's Office should review all notices; that requirements change as new case law is recorded; that the City Auditor and Clerk has no way of knowing which laws have changed. City Attorney Taylor stated that the judge's ruling declaring the existing ordinance void and without force and enjoining the City from taking any action to enforce the provisions of the ordinance against the five plaintiffs is of no significance as the notice provisions of Section 166.041(3) (c) have changed to the City's benefit; that the City would not be violating the law if the ordinance were to be adopted and noticed in the same manner at this time as in 1994. Commissioner Patterson stated that the City Auditor and Clerk and the City Attorney should closely coordinate review of public notices regarding ordinances addressing potentially litigious issues. Commissioner Cardamone stated that the error should not have occurred; that the ordinance should have been closely scrutinized. Mayor Pillot stated that anyone can make mistakes; that the City Attorney's Office and the Office of the City Auditor and Clerk exercise diligence to a remarkable and positive degree. BOOK 41 Page 14748 06/02/97 6:00 P.M. BOOK 41 Page 14749 06/02/97 6:00 P.M. Mark Singer, Attorney, City Attorney's Office, came before the Commission and stated that the two necessary decisions are: 1. Should Ordinance No. 94-3792 be redrafted? Attorney Singer stated that redrafting Ordinance No. 94-3792 will not result in significant changes other than to address whether to provide additional, alternative sites for adult use establishments; that the City successfully petitioned the court to amend the original judgment so that only the five adult use establishments acting as plaintiffs in the lawsuit are affected by the Court's decision; that Ordinance No. 94-3792 is still viable and enforceable against new adult use establishments or those which may have failed to file suit. 2. Should the City appeal Judge Lee Haworth's decision? Mayor Pillot asked if the City Attorney is recommending an appeal? Attorney Singer stated no. Mayor Pillot stated that the absence of Commission action directing the City Attorney to appeal the judgment should be interpreted as a decision not to appeal. Commissioner Patterson stated that Ordinance No. 94-3792 does not apply to the five adult use establishments which sued the City; that the City Attorney's Office is indicating that new case law dictates the allowable area for adult uses should be broadened; that Ordinance No. 94-3792 should not be amended if the result will be to broaden the area in which adult use establishments are permitted; that Ordinance No. 94-3792 may be sustainable as to other adult use establishments. Attorney Singer stated that the Court did not address whether the City has provided sufficient alternative sites for adult use establishments; that the result of the Court action is that the five adult use establishments will be permitted to remain; however, the Commission may wish to amend Ordinance No. 94-3792 and ensure that adequate, alternative sites in which to relocate are provided sO that the existing five adult use establishments would be forced to relocate. Commissioner Patterson referred to the May 28, 1997, memorandum in the agenda material from the City Attorney's Office and stated that the Harris Act, Section 70.001, Florida Statutes, provides relief or compensation to those whose property rights are restricted to a degree amounting to an "inordinate burden"; and asked if amending Ordinance No. 94-3792 would open the possibility of legal challenge from other existing or potential adult use establishments? Attorney Singer stated that any proposed amendment would provide for a well-defined increase in the areas to which adult use establishments could be moved; that existing property owners subject to the existing regulation will not be affected. City Attorney Taylor stated that the only issue requiring immediate decision is whether to appeal the Court's decision; that as the Commission is taking no action on the appeal, the overall issue of regulation of adult use establishment can be discussed at the June 16, 1997, regular Commission meeting. Mayor Pillot called for a vote on the motion to authorize the City Attorney's Office to amend Ordinance No. 94-3792. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 12. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #5 (0955) through (0968) CITY AUDITOR AND CLERK ROBINSON: A. stated that a Commission workshop addressing Mission Harbor development is scheduled at 1:00 p.m., June 3, 1997. 13. ADJOURN (AGENDA ITEM XII) #5 (0969) There being no further business, Mayor Pillot adjourned the regular meeting of June 2, 1997, at 12:42 a.m. - A GENE PILLOT, MAYOR ATTEST: BLy E Raben B BILLY EC/ROBINSON, CITY AUDITOR AND CLERK BOOK 41 Page 14750 06/02/97 6:00 P.M.