BOOK 48 Page 20227 11/06/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 6, 2000, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 2000, JIMMY WASHINGTON, REFUSE EQUIPMENT OPERATOR, S.A., PUBLIC WORKS DEPARTMENT, SOLID WASTE DIVISION # 1 (0032) through (0310) Mayor Pillot stated that presentations are often on the Agenda for Commission meetings; that each Commissioner enjoys the opportunity to make the presentations; and requested that Commissioner Cardamone join him at the Commission table for the presentation. City Manager Sollenberger stated that wonderful employees work for the City; that building inspectors worked with the contractors late into the night to ensure the timely opening of the Van Wezel Performing Arts Hall (VWPAH) ; that the Public Works Department continued landscaping the night before the opening of the VWPAH; that the October 2000 Employee of the Month lives up to the City's motto of "We serve with excellence and pride"; that City customers nominated the October 2000 Employee of the Month, which is a source of pride; requested that Jimmy Washington, Refuse Equipment Operator, S.A., Solid Waste Division, Public Works, join him before the Commission; and requested that William Hallisey, Director of Public Works, and Carole Krohn, Board Member, St. Armands Residents Association, Inc., join him at the Commission table to make the presentation. Ms. Krohn stated that Mr. Washington is an excellent refuse equipment operator, has been maintaining Clean streets in the residential areas of St. Armands Key for many years, has been seen stepping out of the truck and removing trash before the trash can touch the streets, and is a good employee; that the St. Armands Residents Association, Inc., began the process to nominate Mr. Washington for Employee of the Month in May 2000. Ms. Krohn referred to a May 12, 2000, letter to Duane Mountain, Deputy Director of Public Works, in the Agenda backup material indicating in detail the reasons for nominating Mr. Washington and stated that Mr. Washington is courteous, pleasant, neat, and hard-working; that the suggestion to nominate Mr. Washington as Employee of the Month at the Board of Directors' meeting of the St. Armands Residents Association, Inc., was met with unanimous approval; that the St. Armands Residents Association, Inc., takes great pleasure in having begun the process; that Mr. * Washington deserves the award of Employee of the Month; that Mr. Washington is thanked for being an excellent solid waste collector. Mr. Hallisey stated that Mr. Washington is an honest man; that Mr. Washington's honesty and hard work are appreciated. Commissioner Cardamone presented Mr. Washington with a City-logo watch, a plaque, and a certificate as the October 2000 Employee of the Month in appreciation of his unique pertormance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Washington stated that the residents of St. Armands Key are thanked; that the award is meaningful; and recognized the following family members present in the audience: Carrie Washington, wife; Vilettie Dorsey, aunt; Jessica Webb and Michelle Richardson, daughters; Tydauris Rolex, grandson; and Bunice Herrera and Mhariel Williams, friends. Mayor Pillot stated that the nomination by City customers is rare and adds to the special honor of the award. 2. PRESENTATION RE: : CITY OF SARASOTA CERTIFICATES OF RECOGNITION TO BRUSH UP SARASOTA 2000 FOR THEIR VOLUNTEER WORK IN REVITALIZING OUR NEIGHBORHOODS # 1 (0310) through (0505) BOOK 48 Page 20228 11/06/00 6:00 P.M. BOOK 48 Page 20229 11/06/00 6:00 P.M. Mayor Pillot requested that Commissioner Mason join him at the Commission table for the presentation. Commissioner Mason stated that Brush Up Sarasota 2000 volunteers painted 17 homes in the Park East and Gillespie Park Neighborhoods on October 14, 2000; that such actions reflect the Neighborhood Action Strategies and exemplify the potential for public/private community outreach efforts; and presented the Mayor's Certificate of Recognition to the following volunteers: Sarasota Herald-Tribune, Sarasota Coastal Credit Union, Home Depot, Sears, Mynd, Sonny's Bar-B-Q, City of Sarasota, Sarasota County Environmental Services, Volunteer Connections, Sarasota Association of Realtors, Right of Way Pressure Cleaning, Chick-Fil-A, Gillespie Park Neighborhood Association, Yoder's Restaurant, Park East Community Association, Kentucky Fried Chicken, Cookies & More, Sarasota School of Massage Therapy, Arthur Anderson, Bank of America, Sarasota Baptist Singles, Sarasota County, Sarasota Memorial, South Trust Bank, Don and Roma Marshall, James Haske, Diane Salamone, Kristin Meyer, Whitney Meyer, BFI, and Greater Sarasota Downtown Action Team. Commissioner Mason stated that the volunteers are thanked for their efforts; that the volunteer service is an example of public/private partnerships and represents the meaning of partnering. 3. PRESENTATION RE: PROCLAMATION TO THE SARASOTA MEMORIAL HEALTH CARE SYSTEM, PROCLAIMING RECOGNITION TO THEIR 75TH ANNIVERSARY # 1 (0505) through (0628) Mayor Pillot requested that Leigh Wilcox, Community Relations Coordinator, Sarasota Memorial Hospital join him before the Commission and stated that the Sarasota Memorial Health Care System (SMHS) is celebrating the 75th anniversary of providing health care in the community; that a group of Sarasota County residents raised the $40,000 required to build Sarasota Memorial Hospital in 1925; that SMHS was the community's first modern hospital; that the original 32-bed facility has evolved over the decades into the SMHS which is an 845-bed regional medical center providing the full range of health services to the community, including acute care, the region's most advanced neonatal intensive care, outpatient services, and home health and long-term care; that SMHS is the second largest public hospital in Florida yet maintains among the lowest average adjusted charges in southwest Florida; that SMHS ranks among the top 25 hospitals in the United States performing open heart surgeries and the top 100 hospitals performing hip and knee replacements; that SMHS, through the SMHS Center for Advanced Surgery and Clinical Research Center, offers physicians and patients the most advanced and minimally invasive therapies available; that SMHS remains committed to the founding mission with more than 400 physicians along with nurses and support staff offering millions of dollars in free medical care annually to the uninsured and underinsured residents of Sarasota County; that SMHS staff members and volunteers donate thousands of dollars and hundreds of hours each year to civic, religious, and community groups to improve the health status of the community through the Corporate Volunteer Program and educational outreach initiatives. Mayor Pillot read in its entirety the City Proclamation designating November 2000 as "Sarasota Memorial Health Care System 75th Anniversary Month, n a month of special importance and worthy of recognition by the citizens of the City of Sarasota; and stated that congratulations and appreciation are extended to SMHS. 4. PRESENTATION RE: PROCLAMATION DESIGNATING MONTH OF NOVEMBER 2000 AS BICYCLE AND PEDESTRIAN SAFETY MONTH # 1 (0628) through (0744) Mayor Pillot requested that Vice Mayor Hogle join him at the Commission table for the presentation. Vice Mayor Hogle requested that Philip Dasher, Chairman, Sarasota County Bicycle/Pedestrian Committee join him before the Commission and stated that enforcement of bicycle and pedestrian laws and regulations is being emphasized by the Sarasota Police Department during the month of November 2000; that bicyclists and pedestrians have the right to use. the public rights-of-way with the same safety and security as motorists using the City's roadways; that compliance with the laws and regulations concerning bicyclist and pedestrian safety will reduce accidents, which are much too frequent and can cause injury and death; that congratulations and appreciation are extended to the Sarasota County Bicycle/ Pedestrian Committee and other members of the community for their efforts in promoting bicycle and pedestrian safety; and read in its entirety the City Proclamation designating November 2000 as "Bicyclist and Pedestrian Safety Month, I a month of BOOK 48 Page 20230 11/06/00 6:00 P.M. BOOK 48 Page 20231 11/06/00 6:00 P.M. special importance and worthy of recognition by the citizens of the City of Sarasota. Mr. Dasher stated that the Sarasota County Bicycle/Pedeatrian Committee is the advisory committee which wrote the bicycle plan for the County and is in the process of developing the pedestrian plan for inclusion in the 20-year plan of the Sarasota/Manatee Metropolitan Planning Organization and Apoxsee, the County's Comprehensive Plan; that the committee is involved in all pedestrian and bicycle issues and some transportation issues, meets the third Tuesday of each month at the County Administration Building, and invites the public to attend; that the award is accepted gratefully on behalf of the committee and the bicyclists and pedestrians of the City and County; that the three elements of bicycle and pedestrian plans are: 1) engineering, 2) reinforcement, and 3) education; that the most immediate effect is achieved through enforcement; that the hope is the enforcement will be through education applying equally to motorists, pedestrians, and bicyclists. 5. PRESENTATION RE: MAYOR'S CITATION TO EPILEPSY SERVICES OF SOUTHWEST FLORIDA FOR BEING SELECTED TO RECEIVE THE 2000 BEVERLY CHAPMAN AWARD FROM THE ABLE TRUST, ALSO KNOWN AS THE FLORIDA GOVERNOR'S ALLIANCE FOR THE EMPLOYMENT OF CITIZENS WITH DISABILITIES # 1 (0744) through (0960) Mayor Pillot requested that Commissioner Quillin join him at the Commission table for the presentation. Commissioner Quillin requested that Frank Carroll Jr., President, and Michael Hennelly, Employment Specialist, of Epilepsy Services of Southwest Florida, join her before the Commission and stated that Epilepsy Services of Southwest Florida aisseminates information and education concerning epilepsy and the Americans with Disabilities Act (ADA) and the manner in which all citizens can work as partners, as neighbors, employers, and citizens in the community to increase awareness of concerns in the community; that Epilepsy Services of Southwest Florida has a 32-year history of serving the community by providing clinic and medical case management services for individuals affected by epilepsy with no health insurance and epileptic education services to people of all ages and to the community professional, civic, and employer groups; that the Vocational Services Program was established by Epilepsy Services of Southwest Florida in 1998 following requests to provide employment assistance sO clients could achieve the goal of living a life of dignity and self-sufficiently and also to provide job seeking skills, training, and employment placement assistance to persons affected by epilepsy; that a Eully-equipped computer laboratory was opened as part of the Vocational Services Program in 1999; that ongoing computer Classes are now available to people who otherwise would not have the opportunity or financial means to acquire the computer skills necessary to compete in today's technological agei that the Vocational Services Program has assisted 183 persons affected by epilepsy in gaining full employment; that an additional 54 individuals have participated in the computer training Classes, thereby increasing employment options and improving quality of life. Commissioner Quillin continued that Epilepsy Services of Southwest Florida was recently selected to receive the 2000 Beverly Chapman Award from the Able Trust, also known as the Florida Governor's Alliance for the Employment of Citizens with Disabilities, is honored for the recognition brought to the community, and extended sincere best wishes for the continued success of the Vocational Services Programs in assisting citizens with disability in securing long-lasting employment which can be the most significant factor in gaining independence, financial stability, and personal control of lives; and read in its entirety the Mayor's Citation honoring Epilepsy Services of Southwest Florida. Mr. Hennelly stated that the Commission's recognition is appreciated; that the selection of the Vocational Services Program as the most outstanding employment placement program for people with disabilities in the State of Florida is a source of personal pride; that the foresight of Mr. Carroll and the Board of Directors to add the tier of services to enable people to live the life of dignity and self-sufficiency desired is appreciated; that a major service provided is medical and case management services for uninsured individuals which saves the community thousands of dollars and prevents seizures from occurring, thereby reducing the necessity of emergency room treatment. The Commission at 6:32 p.m. into a Special meeting of the Community Redevelopment Agency and reconvened at 6:36 p.m. BOOK 48 Page 20232 11/06/00 6:00 P.M. BOOK 48 Page 20233 11/06/00 6:00 P.M. 6. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 16, 2000 APPROVED (AGENDA ITEM I) # 1 (0960) through (0985) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the October 16, 2000, Regular Commission meeting are approved by unanimous consent. 7. BOARD ACTIONS RE: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF OCTOBER 4, 2000 - INSTRUCTED THE CITY ATTORNEY'S OFFICE TO PREPARE ORDINANCES FOR PUBLIC HEARING REGARDING ZONING TEXT AMENDMENT APPLICATION NOS. 00-ZTA-07, 00-ZTA-08, AND 99-ZTA-10; RECEIVED REPORT (AGENDA ITEM II-1) # 1 (0985) through (1178) Jane Robinson, Director of Planning and Development, came before the Commission and presented the following item from the October 4, 2000, Regular meeting of the Planning Board/Local Planning Agency (PBLP) : A. Zoning Text Amendment Application No. 00-ZTA-07 Re: Laurel Park Overlay District. Ms. Robinson stated that Zoning Text Amendment Application No. 00-ZTA-07 concerns the Laurel Park Overlay District which was a grassroots land-use district adopted by the City to which the Laurel Park Neighborhood Association (LPNA) agreed in 1998; that the LPNA would like to make a change in the Laurel Park Overlay District after review of the past 2 years; that the non- mandatory process has become cumbersome; that the primary purpose of Zoning Text Amendment Application No. 00-ZTA-07 is to eliminate the review by the Historic Preservation Board of developments within the Laurel Park Overlay District; that the PBLP held a public hearing at the October 4, 2000, Regular PBLP Meeting to consider Application No. 00-ZTA-07, which was found consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and recommended Commission approval. City Manager Sollenberger stated that the Administration recommends instructing the City Attorney's Office to prepare an ordinance for a public hearing regarding Zoning Text Amendment Application No. 00-ZTA-07. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to instruct the City Attorney's Office to prepare an ordinance for a public hearing regarding Zoning Text Amendment Application No. 00-ZTA-07. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. B. Zoning Text Amendment Application No. 00-ZTA-08 Re: Development standards in the Multi-Family Residential, Revitalization (RMF-R) Zone District Ms. Robinson stated that Zoning Text Amendment Application No. 00-ZTA-08 is to provide for single-tamily infill opportunities for parcels of less than 20,000 square feet in City neighborhoods in which undeveloped property in the RMF-R Zoned District is located; that the RMF-R Zone District is old and will ultimately disappear; however, allowing single-family homes in the Laurel Park Overlay District is necessary so property may be developed for single-family homes and as the appropriate new urbanism zone district has not yet been created for Laurel Park; that the PBLP held a public hearing at the October 4, 2000, Regular PBLP Meeting to consider Zoning Text Amendment Application No. 00-ZTA-08, which was found consistent with the City's Comprehensive Plan, and recommended Commission approval. City Manager Sollenberger stated that the Administration recommends instructing the City Attorney's Office to prepare an ordinance for a public hearing regarding Zoning Text Amendment Application No. 00-ZTA-08. On motion of Commissioner Mason and second of Commissioner Cardamone, it was moved to instruct the City Attorney's Office to prepare an ordinance for public hearing regarding Zoning Text Amendment Application No. 00-ZTA-08. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. C. Zoning Text Amendment Application No. 99-ZTA-10 Re: Off-street Parking Requirements for Medical and Dental Offices and Clinics and Professional Offices BOOK 48 Page 20234 11/06/00 6:00 P.M. BOOK 48 Page 20235 11/06/00 6:00 P.M. Ms. Robinson stated that Zoning Text Amendment Application No. 99-ZTA-10 is to reduce the minimum number of parking spaces required for medical and dental offices and clinics and professional offices and to establish a more equitable sliding scale to reduce the parking ratio of parking spaces to building square footage as the size of the building increases; that the PBLP held a public hearing at the October 4, 2000, Regular PBLP Meeting regarding Zoning Text Amendment Application No. 99-ZTA-10, which was found consistent with the City's Comprehensive Plan, and recommended Commission approval. City Manager Sollenberger stated that the Administration recommends instructing the City Attorney's Office to prepare an ordinance for a public hearing regarding Zoning Text Amendment Application No. 99-ZTA-10. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to instruct the City Attorney's Office to prepare an ordinance for public hearing regarding Zoning Text Amendment Application No. 99-ZTA-10. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to receive the report of the October 4, 2000, PBLP Regular meeting. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 8. BOARD ACTIONS RE: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF OCTOBER 10, 2000 = SET HISTORIC DESIGNATION APPLICATION NO. 00-HD-10 FOR PUBLIC HEARING, : RECEIVED REPORT (AGENDA ITEM II-2) #1 (1178) through (1256) Christopher Wenzel, Chairman of the Historic Preservation Board, and John Burg, Chief Planner, Planning and Development Department, came before the Commission. Mr. Wenzel presented the following items from the October 10, 2000, Regular meeting of the Historic Preservation Board: A. Historic Designation Application No. 00-HD-10 Re: The Grover and Pearl Koons Residence/Guest House 1360 13th Street Mr. Wenzel stated that Staff from the Sarasota County Department of Historical Resources determined that the structures called the Grover and Pearl Koons Residence and Guest House located at 1360 13th Street are structures of historical significance; that the Historic Preservation Board unanimously recommends historic designation of the structures called the Grover and Pearl Koons Residence and Guest House located at 1360 13th Street, which meets the following criteria listed under Section IV-806(A), Zoning Code (1998): : 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota; and 4. Embodies the distinctive visible characteristics of the Mediterranean Revival architectural style City Manager Sollenberger stated that the Administration recommends setting Historic Designation Application No. 00-HD-10 for public hearing. On motion of Commissioner Mason and second of Commissioner Cardamone, it was moved to set Historic Designation Application No. 00-HD-10 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. City Manager Sollenberger stated that. the Administration recommends receiving the report of the October 10, 2000, Regular meeting of the Historic Preservation Board. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to receive the report of the October 10, 2000, Regular meeting of the Historic Preservation Board. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 9. CONSENT AGENDA NO. 1: ITEM NOS. 1, 4, 5, 6, 7,8, 9, AND 10 APPROVED; ITEM NO. 2 - APPROVED INCLUDING ISSUEING A LETTER OF CREDIT FOR $61,409.15; ITEM NO. 3 = APPROVED IN AN AMOUNT NOT TO EXCEED $1,295 (AGENDA ITEM III-A) # 1 (1256) through (1702) BOOK 48 Page 20236 11/06/00 6:00 P.M. BOOK 48 Page 20237 11/06/00 6:00 P.M. Commissioner Quillin requested that Item No. 2 be removed for discussion. Commissioner Cardamone requested that Item No. 3 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Kincheloe D. Ezell and Shirley L. Garcia, for water service for the developed site located at 3002 Hawthorne Street 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Estoppel Certificate from the City of Sarasota for the Sarasota Renaissance 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute The Interagency Agreement between the City of Sarasota and the University of Florida for continuation. of the Florida Yards and Neighborhoods Program 6. Approval Re: Rental Development Program (Tax Credit) Policy Guidelines 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Ninth Amendment to Agreement for Engineering Services between the City of Sarasota and Coastal Planning & Engineering, Inc., for the Lido Key Interim Beach Renourishment Project 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to extend the Lease Agreement between the City of Sarasota, and Tenants' William Welch and Jim Strickland, for the Verna Wellfield Lease Amendments 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Purchase and Sale Agreement between the City of Sarasota and Sixth Street Enterprises, Inc. 10.Approval Re: Set for public hearing the Northeast Sarasota Task Force's "Traffic Calming Master Plan" to be held on November 20, 2000 On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 4, 5, 6, 7, 8, 9, and 10. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 2. Approval Re: Authorize the Administration to execute an "Agreement for Petroleum Cleanup Participation Program" with the Florida Department of Environmental Protection (FDEP) for the City of Sarasota Public Works Facility located at 1761 12th Street Commissioner Quillin stated that Consent Agenda No. 1, Item 2, concerns a letter of credit being issued for fiscal year 2002; and requested clarification. Gibson Mitchell, Finance Director, came before the Commission and stated that the Commission will be authorizing the City to issue a letter of credit in the amount of $61,409.15 with First Union Bank for a period of 4 years if the agreement is approved. City Manager Sollenberger stated the Administration recommends approving Consent Agenda No. 1, Item 2, and authorizing the letter of credit from First Union in the amount of $61,409.15. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to authorize the Administration to execute the Agreement for Petroleum Cleanup Participation Program" with the Florida Department of Environmental Protection (FDEP) for the City of Sarasota Public Works Facility located at 1761 12th Street including a letter of credit from First Union Bank in the amount of $61,409.15. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yesi Pillot, yes. 3. Approval Re: Replacement of 24" yellow ball for "Garden Sculpture 3" by artist Doris Leeper in the amount of $1,295 Commissioner Cardamone stated that the damage to the artwork entitled "Garden Sculpture 3" is disappointing; that the 24-inch yellow ball will cost $770 to manufacture and $525 for shipping and installation; that the sum is large; that the ball is manufactured in Edgewater, Florida; and requested an explanation of the charges of replacing the yellow ball and repairing the sculpture. John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that typically the artist BOOK 48 Page 20238 11/06/00 6:00 P.M. BOOK 48 Page 20239 11/06/00 6:00 P.M. is consulted in such situation; that unfortunately, the artist of the sculpture died; that the sculpture and other pieces designed by the artist were fabricated by the person who provided the price quote; that the ball has a high-gloss, aluminum finish; that creating technical specifications for an open bid would be time consuming; that regardless, the fabrication must be done by the previous manufacturer. Commissioner Cardamone stated that the explanation is accepted; that the desire is to see the sculpture restored to the original style as quickly as possible; and requested clarification concerning the shipping and installation costs. Mr. Burg stated that the ball will be installed to assure removal is impossible, which is a complex procedure; that the City's Public Works Staff may be consulted to determine the possibility of lessening the cost; that the shipping cost is determined by weight. Commissioner Cardamone stated that the theft of the ball should send the message to the public to realize people may tamper with public sculpture; that the police should be alerted to protect public art if individuals witness tampering with public art. Commissioner Quillin stated that repairing the sculpture cheaply is undesirable; that the sculpture is a beautiful piece of art; that only the original manufacturer of the ball knows the artist's specifications; that the loss of the ball was personally distressing; that the sculpture will no longer be an original piece of art due to the requirement of replacing a portion; that tampering with the sculpture was unfair to the citizens of the community who appreciate the art; that the sculpture is now devalued as an original piece of art; and asked if establishing an ordinance to make the tampering of public art a finable offense is possible to recover expenses from repairing damages? City Attorney Taylor stated that the theft of the ball is covered under State Law; that individuals tampering with public artwork are subject to arrest and prosecution including jail time and a fine depending on the value. City Manager Sollenberger stated that the Administration recommends the replacement of 24" yellow ball for the artwork entitle "Garden Sculpture 3' I by artist Doris Leeper not to exceed the amount of $1,295. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve the expenditure from the public art fund in the amount not to exceed $1,295 to repair "Garden Sculpture 3" by artist Doris Leeper, not including the permits or sales tax. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Cardamone stated that information regarding insurance for public art would be appreciated. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1302) - ADOPTED; ITEM 2 (ORDINANCE NO. 00-4242) - ADOPTED; ITEM 3 (ORDINANCE NO. 00-4243) ADOPTED; ITEM 4 (ORDINANCE NO. 00-4276) - ADOPTED (AGENDA ITEM III-B) #1 (1702) through (2250) Commissioner Quillin requested that Item No. 4 be removed for discussion. 1. Adoption Re: Proposed Resolution No. O0R-1302, regarding the establishment of the Community Development Advisory Committee through 2005; setting forth recitals as to the need for said advisory committee and the purpose to be served by it; providing for the appointment of new members; providing that administrative assistance and technical advice shall be provided by the city's office of housing and community development; setting of new terms of office on the Community Development Advisory Committee; etc. (Title Only) 2. Adoption Re: Proposed Ordinance No. 00-4242, to rezone a parcel of real property consisting of 8.54 acres located at the southwest corner of Fruitville Road and Macintosh Road with street addresses of 4280, 4291 and 4298 Normandy Lane from the Single-Family Residential-3 (RSF-3) Zone District (Sarasota County zoning) to the Single-Family Residential-2 (RSF-2) Zone District (City of Sarasota zoning), said parcel having been recently annexed in the corporate limits of the City of Sarasota and more particularly described herein; approving Site Plan No. 00-SP-11 to allow a private school with facilities to be constructed upon the above-described BOOK 48 Page 20240 11/06/00 6:00 P.M. BOOK 48 Page 20241 11/06/00 6:00 P.M. rezoned property, together with adjacent parcels to the west currently in the RSF-2 Zone District, comprising a total of 15.6 acres, as more particularly described herein; providing for conditions of this rezoning, inclusive of a proffered site plan; etc. (Title Only) Application Nos. 00-RE-09 and 00-SP-11, Applicant Bruce E. Franklin, Land Resource Strategies, Inc., as agent for Jerome A. Carosella, as attorney-in-fact for John J. Nevins, Bishop, Diocese of Venice) 3. Adoption Re: Proposed Ordinance No. 00-4243, to vacate that certain portion of the fifty foot wide Normandy Lane right-of-way commencing at a point approximately 143.08 feet east of Normandy Lane's intersection with the eastern right-of-way line of St. Lucie Avenue and continuing eastward approximately 636.60 feet to Normandy Lane's terminus at the western right-of-way line of Macintosh Road and all of that certain 50 foot wide Collier Avenue right-of-way bordered on the north by the southern right-of-way line of the above-described Normandy Lane and proceeding southward for approximately 454 feet to the terminus of Collier Avenue and all of that certain 50 foot wide Lee Avenue right-of-way bordered on the north by the southern right-of-way line of the above-described Normandy Lane and proceeding southward for approximately 458 feet to the terminus of Lee Avenue all as is more particularly described herein; repealing ordinances in conflict; etc. (Title Only) (Application Nos. 00-RE-09 and 00-SP-11, Applicant Bruce E. Franklin, Land Resource Strategies, Inc., as agent. for Jerome A. Carosella, as attorney-in-fact for John J. Nevins, Bishop, Diocese of Venice) City Auditor and Clerk Robinson read proposed Resolution No. 00-1302 and proposed Ordinance Nos. 00-4242 and 00-4243 by title only. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Items 1 through 3, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 4. Adoption Re: Proposed Ordinance No. 00-4276, an ordinance to rezone t 0.36 acres from the Multi-Family Residential-3 (RMF-3) to the Commercial, Central Business (C-CBD) Zone District real property located at 1421 Sixth Street (a/k/a Horne's Grocery) ; said property being generally located adjacent to the northern boundary of Sixth Street, east of Central Avenue and west of Cohen Way, as more particularly described herein; approving Site Plan 00-SP-22 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only) Application Nos. 00-RE-15 and 00-SP-22, Applicant Charles H. Ball, Esquire, as agent for Sixth Street Enterprises, Inc.) Commissioner Quillin stated that Consent Agenda No. 2, Item 4, concerns a rezoning in the Rosemary District in which certain uses were proffered out by the Applicant so a traffic study would not be required; that certain uses were put back in the list of possible uses by the Commission in approving the rezoning, which immediately triggers a requirement for a traffic study due to the intensity of the uses; that a determination should be made if the Applicant, who indicated a disinterest in such uses, wishes to include the uses which will trigger a traffic study; that a new ordinance should be brought back to the Commission for a vote. Mayor Pillot stated that the Administration does not make a recommendation as the item is quasi-judicial in nature. City Manager Sollenberger stated that the language was prepared by the City Attorney's Office; that the question is the implementation of the language. City Attorney Taylor stated that the uses desired is not known; that a traffic study is only necessary upon request of a permit for specific uses. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that similar uses such as conditional uses and rezonings are tracked; that a map and computer system allows the insertion of historical data; that the research is routine prior to issuance of building permits. Commissioner Quillin stated that the Commission does not normally pass such ordinances; that certain uses were proffered BOOK 48 Page 20242 11/06/00 6:00 P.M. BOOK 48 Page 20243 11/06/00 6:00 P.M. out by the Applicant; that the Commission should pass "clean ordinances" to eliminate historic implications in the future; that a traffic study must be conducted if the Applicant desires approval of the ordinance. Commissioner Cardamone stated that issue is taken with the words "clean ordinance." City Auditor and Clerk Robinson read proposed No. 00-4276 by title only. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to adopt proposed Ordinance No. 00-4276 on second reading. Vice Mayor Hogle stated that a similar discussion was held previously; that the ordinance is in order. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1) : Hogle, yes; Mason, yesi Pillot, yes, Quillin, noi Cardamone, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that time limits will be established; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross-examination. City Attorney Taylor continued that the recommendation is to allow the following time limits: Agenda Item IV-B-1: 10 minutes for the Applicant 's and the City's presentation and 5 minutes for rebuttal Agenda Items IV-B-2 and -3: 5 minutes for the Applicant's and the City's presentation and 3 minutes for rebuttal. City Attorney Taylor continued that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have 3 minutes to speak. Mayor Pillot stated that hearing the Commission's agreement, the time limits are approved. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4279, ADOPTING THE GILLESPIE PARK NEIGHBORHOOD ACTION STRATEGY AND THE PARK EAST NEIGHBORHOOD ACTION STRATEGY AS AN URBAN INFILL AND REDEVELOPMENT PLAN IN ACCORDANCE WITH SECTION 163.2517 (3) FLORIDA STATUTES; ETC. (TITLE ONLY) PASSED ON SECOND READING (AGENDA ITEM IV-A-1) # 1 (2250) through (2373) City Auditor and Clerk Robinson stated that proposed Ordinance No. 01-4279 adopts the Gillespie Park and Park East Neighborhood Action Strategies as an Urban Infill and Redevelopment Plan. Patrizia Barbone, Senior Neighborhood Planner, Department of Neighborhoods, came before the Commission and stated that the first portion of proposed Ordinance No. 01-4279 adopts an Urban Infill Plan for the City and is the combination of the Park East Neighborhood Action Strategy (NAS) in totality; that the second portion is the Gillespie Park NAS without changes; that the third section is a supplement to address all the requirements in the State Statutes for an urban infill and redevelopment plan, which must be adopted in accordance with statutory procedures and requires two public hearings to apply for a grant; that BOOK 48 Page 20244 11/06/00 6:00 P.M. BOOK 48 Page 20245 11/06/00 6:00 P.M. cities which designate an Urban Infill and Redevelopment Area must prepare a plan which describes the infill and redevelopment objectives of the city within the designated area and must additionally formally adopt the plan by ordinance. Mayor Pillot opened the public hearing. Jennifer Wilson, (435 Seeds Avenue, 34237), Park East Community Association, came before the Commission and stated adoption of the Park East and Gillespie Park Neighborhood Action Strategies are supported as an urban infill and redevelopment plan; that the designation of Park East and Gillespie Park as the urban infill redevelopment area is also supported. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4279 by title only. City Manager Sollenberger stated that the Administration recommends adoption of proposed Ordinance No. 01-4279 on second reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt proposed Ordinance No. 01-4279 on second reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yesi. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4271, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN [19981) TO DESIGNATE THE GILLESPIE PARK AND PARK EAST NEIGHBORHOODS AS AN URBAN INFILL AND REDEVELOPMENT AREA; TO ADD A MAP TO THE FUTURE LAND USE MAP SERIES DEPICTING THE BOUNDARIES OF SUCH AREA; AND TO ADD AN ACTION STRATEGY TO THE FUTURE LAND USE CHAPTER EXPLAINING THE PURPOSE OF SUCH DESIGNATION; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) # 1 (2373) through (2576) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4271 amends the Future Land Use Plan of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), by adding Illustration LU-11 and Action Strategy (A.S.) 5.4 designating the Gillespie Park and Park East Neighborhoods as an Urban Infill and Redevelopment Area (UIRA). David Smith, Senior Planner II, Planning Department, and Patrizia Barbone, Neighborhood Planner, Neighborhood Development Department, came before the Commission. Mr. Smith stated that the proposed UIRA designation for the Gillespie Park and Park East Neighborhoods is a result of an extensive neighborhood revitalization effort initiated by the Cityi that Chapter 163, Intergovermmental Programs, Florida Statutes, establishes an Urban Infill and Redevelopment Assistance Grant Program, which requires the designation of the UIRA within the local comprehensive plan prior to approving grant applications; that the proposed amendment to the Future Land Use Plan of the City's Comprehensive Plan, adds Illustration LU-11 and A.S. 5.4 designating the Gillespie Park and Park East Neighborhoods as a UIRA and indicates the City will pursue funding in accordance with the UIRA Assistance Grant Program. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4271 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4271 on first reading. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4271 on first reading. Commissioner Cardamone stated that Staff did a tremendous amount of work in a short period of time; that the hope is the grants will be received. Mayor Pillot stated that a meeting will be held for the second reading of proposed Ordinance No. 00-4271 on November 7, 2000. BOOK 48 Page 20246 11/06/00 6:00 P.M. BOOK 48 Page 20247 11/06/00 6:00 P.M. Mayor Pillot called for a vote on the motion and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4249, ADOPTING BY REFERENCE A REVISION AND REPRINTING OF THE ZONING CODE (1998 ED.) OF THE CITY OF SARASOTA, FLORIDA; PROVIDING FOR THE PLACING OF COPIES OF THE SAME ON FILE WITH THE OFFICE OF THE CITY AUDITOR AND CLERK FOR PUBLIC USE, INSPECTION AND EXAMINATION; STATING THE INTENT OF THE CITY COMMISSION IN ADOPTING THE REVISION AND REPRINT OF THE ZONING CODE (1998 ED.); PROVIDING THAT PROSECUTIONS BEGUN UNDER THE PREVIOUS VERSION OF THE ZONING CODE (1998 ED.) MAY BE CONTINUED; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-3) # 1 (2576) through (2656) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4249 adopts by reference the codified version of the Zoning Code (1998) which was amended on numerous occasions since adoption; that the Municipal Code Corporation has prepared a revision and reprinting of the Zoning Code (1998) at the direction of the Office of the City Auditor and Clerk; that the reprinting incorporates numerous uncodified ordinances previously adopted by the Commission and compiles and consolidates subsequent amendments into a single codified Zoning Code. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4249 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4249 on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4249 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Quillin, yesi Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4277, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, ADDING SECTION 24-117, DEFERRED RETIREMENT OPTION PLAN; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-4) # 1 (2656) through (2900) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4277 amends Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, Sarasota City Code (1986 as amended) (City Code), by adding Section 24-117, Deferred Retirement Option Plan (DROP). Douglas Taylor, Chairman, General Employees Pension Fund Board of Trustees, came before the Commission and stated that proposed Ordinance No. 00-4277 adds a Deferred Retirement Option Plan (DROP) for general employees eligible for normal retirement; that employees may participate in the DROP for a maximum of 60 months; that participating employees will draw pension benefits set aside into an interest-Dearing DROP account while continuing to work for up to 5 years; that DROP account balances earn 6.5 percent per annum and are posted to accounts quarterly; that the DROP will have no bearing on the pension plan. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4277 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4277 on first reading. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 00-4277 on first reading. Mayor Pillot stated that a request of a firefighter formerly with - the City is all current employees of the City have the right to participate in a DROP Plan; that the County firefighters in the State Retirement Plan also have the option; that only former City firefighters who elected to stay in the BOOK 48 Page 20248 11/06/00 6:00 P.M. BOOK 48 Page 20249 11/06/00 6:00 P.M. City Retirement Plan rather than switch to the State Retirement Plan do not have the option; that approving the DROP Plan for the City's former firefighters is without cost; that the Administration should immediately investigate making the plan available to the City's former firefighters. Vice Mayor Hogle agreed and stated that the issue has been discussed with the Firefighters' Pension Fund Board of Trustees; that the next step is to allow the Firefighters' Pension Fund Board of Trustees to review the issue and make a recommendation to the Commission. City Auditor and Clerk Robinson stated that participation in the DROP program by former City firefighters can be presented to the Firefighters' Pension Fund Board of Trustees at the November 16, 2000, Regular meeting. Mayor Pillot called for a vote on the motion to pass proposed Ordinance No. 00-4277 on first reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Pillot stated that hearing the Commission's agreement, City Auditor and Clerk Robinson will present the DROP program at the November 16, 2000, Regular meeting of the Firefighters' Pension Fund Board of Trustees. 15. QUASI-JUDICIAL PUBLIC HEARING RE: SITE PLAN APPLICATION NO. 00-SP-27 AND OFF-SITE PARKING AGREEMENT APPLICATION NO. 00-OSP-02 PERTAINING TO CONSTRUCTION OF AN ADDITION TO THE SARASOTA COUNTY HEALTH DEPARTMENT WITH PARKING PROVIDED OFF-SITE A/K/A 2200 RINGLING BOULEVARD (APPLICATION NOS. 00-SP-27 AND 00-OSP-02, APPLICANT SARASOTA COUNTY) APPROVED WITH MODIFICATIONS (AGENDA ITEM IV-B-1) #1 (2900) through 2 (0590) City Attorney Taylor stated that the following person has applied for and complied with the rules for obtaining Affected Person status: Christopher King, representing Marion Clark Mayor Pillot stated that hearing the Commission's agreement, the individual applying is certified as an Affected Person. City Attorney Taylor stated that the public hearing concerns Site Plan Application No. 00-SP-27 and Off-Site Parking Agreement Application No. 00-OSP-02 pertaining to construction of an addition to the County Health Department with parking provided off site at 2200 Ringling Boulevard; that time limits are established at 10 minutes for presentation and 5 minutes for rebuttal by the Applicant and the City. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot requested for the benefit of the public, clarification of the requirement for disclosure of ex parte communications. City Attorney Taylor stated that ex parte communications must be disclosed on the record if the Commissioners had any discussion concerning the topic with persons outside the Commission meeting as the proceeding is quasi-judicial in nature. Mayor Pillot stated that the meaning of the Latin term "ex parte" is "outside of this proceeding. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Enrique Woodroffe, FAIA, President, Woodroffe Corporation Architects, and Richard Behn, Construction Project Coordinator, Sarasota County, came before the Commission. Mr. Woodroffe stated that the 25-year-old, two-story, 25,000-square-foot facility on the southeast corner of Ringling Boulevard and School Avenue houses the County Health Department, which has experienced significant growth over the years; that the County and the Florida Department of Health have a joint partnership through the provision of funds by the County and the State to add 40,000 square feet to the existing facility which is planned to consist of the two-story building facing Ringling Boulevard and the 40,000-square-foot addition south of the present building; that the project will cost approximately $7 million and is time sensitive as reversion of funds could begin in early 2001; that the City's development review process was begun in 1999; that the project was presented to the BOOK 48 Page 20250 11/06/00 6:00 P.M. BOOK 48 Page 20251 11/06/00 6:00 P.M. Planning Board/Local Planning Agency (PBLP) and meets all Staff recommendations; that the proposed facility will be built on the existing parking lot; that the remainder of the parking lot will be maximized to accommodate handicapped and miscellaneous parking spaces; that the majority of parking will be provided at the County parking garage which is across the street on the west side of School Avenue; that the Florida Department of Health and Sarasota County are anxious to proceed; that Sarasota County committed $2.9 million and the State committed $5.3 million toward the project. Mr. Woodroffe referred to a map entitled "Boundary and Topographic Survey, Sarasota Public Health Clinic, Sarasota County Health Department" included in the Agenda backup material and displayed on the overhead projector indicating the landscaping detail; and stated that the landscaping requirements have been met; that the fire marshal has examined the routing of emergency vehicles; that the parking has been examined; that the hope is all requirements have been met. Mayor Pillot requested that Staff come forward for the City's presentation, Karin Murphy, Senior Planner II, Planning and Development Department, stated that Site Plan Application No. 00-SP-27 is for site plan approval in the Governmental Use (G) Zone District for a t 36,468-square-foot addition to the County Health Department with a companion Off-Site Parking Agreement, which allows 28 off-site parking spaces in the County parking garage and 81 visitors' parking spaces at the surface parking lot adjacent to the County parking garage; that 209 off-street parking spaces required for the proposed County Health Department expansion and the existing facility will be provided in the County parking garage; that a condition precedent to the issuance of building permits for the County Health Department addition is the execution by the City and the County of the Interlocal Agreement to implement a parking plan for Downtown County buildings; that at its October 4, 2000 Regular meeting, the PBLP held a public hearing and voted to find Site Plan Application No. 00-SP-27 and Off-Site Parking Agreement Application No. 00-OSP-02 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the City's tree protection ordinance, and the Zoning Code (1998) and recommended Commission approval. Ms. Murphy continued that the project meets all applicable Zoning Code (1998) requirements, site plan standards of review,. and the off-site parking standards; however, Staff requested consideration of a condition to promote participation in the Transportation Management Organization (TMO) for projects located in the Transportation Concurrency Exception Area (TCEA) and referred to an October 3, 2000, memorandum from Sarah Schenk, Attorney, City Attorney's Office proposing the following as an additional section in the Off-Site Parking Agreement: 9. In order to facilitate intergovermmental cooperation between the City and County so as to promote alternative modes of transportation within the Transportation Concurrency Exception Area, County agrees to participate in meetings of the Transportation Management Organization of the City, the purpose of which is to promote the implementation of strategies, such as walking, bicycling, public transportation and other alternative modes of transportation. Ms. Murphy continued that the condition will be incorporated in the future as a standard condition for developments located in the TCEA; that the County Health Department building is located outside the TCEA; however, the County parking garage is located within the TCEA; that a goal of the City's Comprehensive Plan is to develop a TMO; that the PBLP's recommendation is to develop formal procedures for the TMO; that the PBLP was requested to become a participant in the TMO and agreed; that the hope is to utilize the TMO for projects requiring a traffic study; that Staff will request applicants to participate in the TMO; that applicants who receive a de minimus traffic concurrency finding as the traffic concurrency requirements have already been met will not be required to participate. Ms. Murphy further stated that a recommendation from the traffic study is for resignalization of the traffic light at the intersection of Ringling Boulevard and School Avenue; that the County has agreed to a fair-share participation in the $3,500 cost; that a condition in the Off-Site Parking Agreement indicates the agreement is only for the uses identified in the request which are medical clinic and office uses; that the County has agreed to City review of any change in the uses; that approval of the applications is contingent upon the Interlocal Agreement with Sarasota County concerning the County Jail; that the independent parking study and parking plan implementing BOOK 48 Page 20252 11/06/00 6:00 P.M. BOOK 48 Page 20253 11/06/00 6:00 P.M. recommendations must be completed prior to the processing of the building permit; that City and County Staff have worked together concerning the County Jail, the parking study, implementation plan, and County Health Department plans simultaneously for the last yeari that all efforts are coming to fruition; that the implementation plan for the parking study will be considered under Agenda Item VI-1. Mayor Pillot requested that the Affected Person come forward. Christopher King, 7929 Oak Grove Circle (34243), representing Marion Clark, came before the Commission and stated that a presentation was made a year ago concerning the County Jail and the associated Interlocal Agreement; that the vote at the time was unanimous to assure unambiguous signage for the public regarding location of the parking facility; that the agreement was a traffic study would be conducted; that the purpose is not to object to the expansion of the County Health Department or the County Jail; that the concern is for the placement of signage to clearly direct drivers; that the manner in which the situation was previously handled was not effective. City Manager Sollenberger stated that the proposed Interlocal Agreement to Implement the Parking Plan for County Buildings Within Downtown Sarasota will be considered under Agenda VI-1 and will address signage; that the City and County agreed in an Interlocal Agreement to examine parking requirements jointly, the best manner in which to serve the parking requirements, and the directional system to direct drivers to the correct area at the time the County Jail was approved by the Commission; that the parking study was conducted by Rich and Associates, Inc.; that the selection of the consultant was subject to the approval of the City; that Barger and Dean Architects, Inc., performed the signage study; that the Interlocal Agreement provided the City and County Commissions would meet to review the report; that City and County Staffs are satisfied with the results of the study, recommend the results be accepted, and the City enter an Interlocal Agreement with the County to implement the results of the study. Commissioner Cardamone asked the manner in which the Affected Person is impacted by the development? Mr. King stated that the Affected Person lives nearby, on the corner of East Street and Ringling Boulevard which is directly adjacent to the west side of the parking lot; that the concern is the significant number of County employees parking in public areas; that the concern is the regulation of parking spaces; that small details concerning parking may be difficult to control but affect the residents of the area; that members of the public often park in resident parking spaces. City Attorney Taylor referred to the Agenda Request form in the Agenda backup materials which indicates eight conditions for approval recommended by the PBLP as follows: 1. The Sarasota County Health Department Addition shall be constructed in conformity with Site Plan 00-SP-27, date stamped September 19, 2000. 2. Applicant shall erect and thereafter maintain signs complying with Article VII, Division 1, Zoning Code (1998), as amended, subject to the approval of the Building, Zoning, Planning and Engineering Departments, informing motorists of the off-site parking location, and providing pedestrians with the general layout and locations of applicable facilities. 3. The County-owned aluminum shed and satellite dish located on the right-ot-way adjacent to the site shall be removed prior to issuance of a Certificate of Occupancy. 4. All back flow preventers for the site shall be reduced pressure type devices, and existing devices not meeting such criteria shall be replaced. 5. All lighting plans submitted to the Department of Building, Zoning and Code Enforcement shall comply with the City of Sarasota Zoning Code and shall be designed to provide parking area lighting, lighting of all building entrances and lighting along the east side of the building. 6. The Applicant shall comply with all elements listed in the Engineering Department memorandum dated August 21, 2000. 7. : The Applicant and the City have agreed that the Applicant's proportionate share of the cost of the Intersection Improvement is $3,500 based upon the estimated projected traffic circulation needs of the Project and the estimated cost of the improvements. Applicant shall pay such sum to the City prior to the issuance of the first building permit for the Project. BOOK 48 Page 20254 11/06/00 6:00 P.M. BOOK 48 Page 20255 11/06/00 6:00 P.M. 8. Final approval by the City Commission of the Off-Site Parking Agreement Application No. 00-OSP-02). City Attorney Taylor continued that a second vote should be taken concerning the Off-Site Parking Agreement which also has conditions attached and the reference to the TCEA; that the eight conditions are already in the parking agreement and do not require attention as a separate matter. Mayor Pillot requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot stated the neither the Applicant, the City, nor the Affected Person has any rebuttal; requested Commissioner supplemental remarks, if any; and hearing none, closed the public hearing. Commissioner Quillin stated that City and County Staffs are commended for having well-answered many questions associated with the application concerning the County Health Department; that the area is familiar; that the intersection of School Avenue and Ringling Boulevard operates below the adopted Level of Service (LOS) i that improvements will occur; that the area surrounding Ringling Boulevard is, known; that the LOS of Ringling Boulevard and School Avenue and the impact of School Avenue on nearby neighborhoods is also known; that the manner in which changing the traffic signal will create improvements is eluding; that a problem is growing in the area and will require more drastic action than changing the signalization; that changing traffic circulation may be required; that the area is congested and used by many 18-wheel vehicles; that the primary concern is pedestrian safety; that crossing Adams Lane is a challenge. Ms. Murphy stated that the pedestrian crossing is a concern of Staff and the County Health Department; that some improvements in pedestrian safety will be created along Ringling Boulevard; that a median will be added to encourage pedestrians to cross at the corner; that a mid-block crossing was examined; that the possibility of a crosswalk at Adams Lane was discussed but deemed unfeasible; that mid-block crossing is dangerous due to vehicles exiting the parking garage; that improvements were included in the planning; that the median will slow drivers turning off Ringling Boulevard; that better pedestrian marking has been incorporated in the project. Mr. Woodroffe stated that a 4-foot-wide median will slow traffic; that improvements will be made with different materials to indicate an obvious and visual change of the roadway. Commissioner Quillin asked the reason for the crossing at Adams Lane? Mr. Woodroffe stated that the Engineering Department was of the opinion drivers would speed up and not be able to slow down quickly enough coming toward or turning off Ringling Boulevard. Commissioner Quillin stated that the question related to the corner crossing rather than the mid-block crossing on Adams Lane. Mr. Woodroffe referred to a blueprint entitled - Boundary and Topographic Survey, Sarasota County Health Department Remodeling and Addition, Hamilton Engineering & Surveying, Inc. N included in the Agenda backup material and stated that a median is planned in an area of School Avenue across from the existing asphalt parking area. Commissioner Quillin stated that the construction of the median is not understood; and asked if property is being removed from one side of School Avenue? Mr. Woodroffe stated no. Ms. Murphy stated that the space and right-of-way to add a median is available; that the median will slow traffic; that the intersection will be recognized as the main intersection of the area. Mr. Woodroffe stated that a crossing at Adams Lane would also be feasible if desired; that the median can be removed if the median is of concern. Commissioner Quillin stated that the parking garage has no internal sidewalks; that pedestrians walk down the driveway; that the shortest line will be through Adams Lane; that pedestrians will not walk to the corner and do a lawful crossing but will cross Adams Lane at the driveway, which is dangerous. Mr. Woodroffe stated that the danger to pedestrians is the reason Staff desired involvement in the review process for BOOK 48 Page 20256 11/06/00 6:00 P.M. BOOK 48 Page 20257 11/06/00 6:00 P.M. signage to guide pedestrians to the corner of Ringling Boulevard and School Avenue. Ms. Murphy stated that the Engineering Department had specific reasons for not approving a crosswalk mid-block on Adams Lane. Commissioner Cardamone stated that the mid-block crossing on Osprey Avenue has been a topic of concern and unsettles the community; and asked if a small fence would prevent pedestrians from crossing Adams Lane? Ms. Murphy stated that the habits of pedestrians were discussed; that illegal crossings occur and are recognized but not encouraged; that slowing the turning traffic would improve pedestrian crossing throughout the area; that a fence is feasible. Commissioner Cardamone stated that the traffic headed toward Ringling Boulevard will not be slowed; that the Sarasota Mobile Home Park is dormant and is not developed presently; that pedestrians will follow the shortest path. Commissioner Quillin stated that the traffic signal may require different timing. Ms. Murphy stated that the Engineering Department requested alternatives to some concepts discussed. Commissioner Quillin stated that a concern is the bus stops do not have a turn-in lane; that buses hold back traffic. Mayor Pillot stated that the discussion is important; however, engineering the area in a meeting is difficult; and asked if the results of the Commission discussion will be taken to the Engineering Department, the County, and the architect to implement as many of the suggestions and safety measures as possible? City Manager Sollenberger stated that Staff will work with County representatives to address the concerns. City Attorney Taylor stated that the procedure is confusing; that the Commission is requested to approve the site plan, which is presented with the crosswalk in the location indicated; that returning the site plan to the Administration for changes is not possible following Commission approval. Commissioner Quillin stated that the crosswalk at School Avenue and Ringling Boulevard is not of concerni that pedestrians will jay walk; that the concern for pedestrian safety may return as in the cases of Morton's Market and St. Armands Circle; that a conflict with pedestrians in the area will occur. Mayor Pillot asked if the Commission can indicate the City and County should work together concerning additional safety measures if the site plan is approved as presented? City Attorney Taylor stated yes. Karin Murphy stated that changing the crossing, which is not an access point, is not major; that the County Health Department is not required to return for a public hearing to make the change; that the County is amenable to any additional cross walks. Mayor Pillot stated that an appropriate motion is to approve Site Plan Application No. 00-SP-27 presented with the inclusion of any additional safety measures resulting from discussions between the City and County. Ms. Murphy stated that Staff will schedule a meeting with the County and will return to the Commission with a full report. Commissioner Quillin stated that Staff has done an excellent job with a difficult situation. City Manager Sollenberger stated that the Administration does not make recommendations concerning quasi-judicial proceedings; that the Commission may approve, approve with modifications, or deny Site Plan Application No. 00-SP-27; that the Commission may also approve, approve with modifications, or deny the Off-Site Parking Agreement. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Site Plan Application No. 00-SP-27 with the addition of any further safety measures implemented as a result of discussion between the County and the City and subject to the eight modifications recommended by the Planning Board/Local Planning Agency (PBLP) as follows: 1. The Sarasota County Health Department Addition shall be constructed in conformity with Site Plan 00-SP-27, date stamped September 19, 2000. BOOK 48 Page 20258 11/06/00 6:00 P.M. BOOK 48 Page 20259 11/06/00 6:00 P.M. 2. Applicant shall erect and thereafter maintain signs complying with Article VII, Division 1, Zoning Code (1998), as amended, subject to the approval of the Building, Zoning, Planning and Engineering Departments, informing motorists of the off-site parking location, and providing pedestrians with the general layout and locations of applicable facilities. 3. The County-owned aluminum shed and satellite dish located on right-of-way adjacent to the site shall be removed prior to issuance of a Certificate of Occupancy. 4. All back flow preventers for the site shall be reduced pressure type devices, and existing devices not meeting such criteria shall be replaced. 5. All lighting plans submitted to the Department of Building, Zoning and Code Enforcement shall comply with the City of Sarasota Zoning Code and shall be designed to provide parking area lighting, lighting of all building entrances and lighting along the east side of the building. 6. The Applicant shall comply with all elements listed in the Engineering Department memorandum dated August 21, 2000. 7. : The Applicant and the City have agreed that the Applicant's proportionate share of the cost of the Intersection Improvement is $3,500 based upon the estimated projected traffic circulation needs of the Project and the estimated cost of the improvements. Applicant shall pay such sum to the City prior to the issuance of the first building permit for the Project. 8. Final approval by the City Commission of the Off-Site Parking Agreement Application No. 00-OSP-02). Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Off-Site Parking Agreement Application No. 00-OSP-02 subject to the eight modifications approved as part of Site Plan Application No. 00-SP-27 and any changes concerning safety measures implemented as a result of discussions between the County and the City. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yesi Pillot, yes. 16. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4274, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 2035 FRUITVILLE ROAD, HISTORICALLY KNOWN AS THE WILEY C. AND EDITH STEAKLEY HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 00-HD-09, APPLICANT MIKKI HARTIG, AS AGENT FOR JAMES E. WALLACE, TTEE, OWNER) PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #2 (0590) through (0975) Mayor Pillot stated that Historic Designation Application No. 00-HD-09 as incorporated in proposed Ordinance No. 00-4274 provides for the designation of the single-family residence and detached single-car garage located at 2035 Fruitville Road, historically known as the Wiley C. and Edith Steakley House, as a structure of historic significance pursuant to the City's historic preservation ordinance; that the applicant is Mikki Hartig, agent for James Wallace, owner. City Attorney Taylor stated that no one has filed for certification as an Affected Person. Mayor Pillot requested that Commissloner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical & Architectural Research Service, representing James Wallace, owner, came before the Commission; referred to displayed Slides of the Wiley C. and Edith Steakley House; and stated that Historic Designation Application No. 00-HD-09 concerns designation for 2035 Fruitville Road close to the intersection of US 301 and Fruitville Road; that the home is a simple, frame, vernacular-style residence completed in 1946 and is well preserved with the original siding and steel casement windows; that the home is distinguished by the offset front porch; that the original detached one-story garage is northeast of the house; that both buildings are covered with side-facing gable roofs; that the house is remarkable for the BOOK 48 Page 20260 11/06/00 6:00 P.M. BOOK 48 Page 20261 11/06/00 6:00 P.M. well preserved architectural integrity, which is significant under the following criteria of Section IV-806, Zoning Code (1998): (1) Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota county, the State of Florida, or the United States of America; and (4) Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Ms. Hartig continued that qualification under Section IV-806 (1), Zoning Code (1998), is for the association with specific events in history; that few new developments other than Works Projects Administration (WPA) projects such as the Lido Casino, the Municipal Auditorium, and the beginnings of the Sarasota-Bradenton International Airport followed the collapse of the Florida real-estate boom and the subsequent stock market crash; that the US Army was occupying the airport by 1942; that US Army personnel trained in the area returned following World War II (WWII) which had a positive impact on the City's economyi that Florida's population increased by 40 percent between 1940 and 1950; that the City's population increased by 85 percent during the same period; that State highways were improved and expanded during WWII; that automobile production which ceased during the war years resumed in the aftermath of WWII; that tourism became the most dominant Florida industry; that Sarasota had more visitors during the winter of 1946 than any year before; that only 52 percent of Florida residents were natives of the State by the 1940s which caused a severe housing shortage; that Sarasota entered a building boom to accommodate both tourists and the influx of new residents; that nearly 500 new homes, 5 churches, 35 stores, 10 apartment houses, 7 motels, 2 fire stations, and a new radio station were completed by late 1949. Ms. Hartig continued that two newcomers to the area during the period were Wiley and Edith Steakley for which the house is named; that the couple came from Jefferson, Ohio, upon Mr. Steakley's retirement, purchased the house in 1946 upon completion, and remained until Mr. Wiley's death in 1968; that by 1946, new variations of modern styles in residential architecture, which had only begun to become popular before WWII, began to dominate residential architecture but did not preclude the earliest post-WWII homes from mimicking earlier architectural frame vernacular trends to meet the rapid and high demand for housing; that the Wiley C. and Edith Steakley House was built during the short segment of time after WWII but before the 1950s; that the ranch-style home along with the split-level home design would earn popularity by the early 1950s; that the Application was heard by the Commission in 1998; that unanimous approval was received from the Historic Preservation Board in 1998; that the Application has been resubmitted; that the request is for reconsideration; that the building is important due to the well-preserved nature of the structure; that the building is the last old-style of architecture before the ranch-style homes were built; that the criteria for declaring a building historical is normally 50 years; that the Wiley C. and Edith Steakley House is 54 years old; that the issue in 1998 was the: type of building was common, which is not the case; that identifying completely intact buildings circa WWII built in haste to house the influx of new residents is rare. Mayor Pillot requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 00-4274 is for historic designation of a one-story, vernacular-style residential structure and detached single-car garage built circa 1946 located at 2035 Fruitville Road, known as the Wiley C. and Edith Steakley House; that approval of the request for historic designation was recommended to the Commission at the September 12, 2000, Regular Historic Preservation Board Meeting, based on the following criteria in Section IV-806 (A), Zoning Code (1998): (1) Reflects the broad cultural, political and social history of the City by its representation of a simple of home typical of modest World War II era construction; and (4) Embodies the distinctive visible characteristics of wood frame vernacular style construction. Commissioner Cardamone asked the size of the lot? Ms. Hartig stated that the lot has a frontage of less than 100 feet. BOOK 48 Page 20262 11/06/00 6:00 P.M. BOOK 48 Page 20263 11/06/00 6:00 P.M. Mayor Pillot stated that no one is certified as an Affected Person and requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot requested that the Applicant come forward for rebuttal. Ms. Hartig stated that the structure is important due to the well-preserved nature of the structure; that the home is as intact as the day built; that a significant amount of commercial development is taking place; that the City's Future Land Use Map provides for office and business use in the area which increases the importance of preserving the home. Mayor Pillot stated that the City has no rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. Commissioner Cardamone stated that home designs with garages in the front are received consistently as redevelopment of the neighborhoods occurs particularly in the areas of Gillespie Park and Park East; that discussion concerning house style continues; that the Wiley C. and Edith Steakley House illustrates the bungalow-style home to which the City should revert to building in the neighborhoods as appropriate; that the house is an example of the manner in which a garage can sit on a narrow lot. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4274 by title only. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4274 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 17. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4275, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 3459 SEAGRAPE DRIVE, HISTORICALLY KNOWN AS THE REMSEN HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 00-HD-08, APPLICANT MIKKI HARTIG, AS AGENT FOR DAVID HALPIN, OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #2 (0975) through (1300) Mayor Pillot stated that Historic Designation Application No. 00-HD-08 as incorporated in . proposed Ordinance No. 00-4275 provides for the designation of the single-family residence with attached garage located at 3459 Seagrape Drive, historically known as the Remsen House, as a structure of historic significance pursuant to the City's historic preservation ordinance; that the applicant is Mikki Hartig, agent for David Halpin. City Attorney Taylor stated that no one has filed for certification as an Affected Person. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical & Architectural Research Service, representing David Halpin, came before the Commission; referred to displayed slides of the Remsen House; and stated that the request is for historic designation of the Remsen House at 3459 Seagrape Drive; that the house is beautifully maintained and a well preserved minimalistic Depression-Era home; that the Remsen House is one-story, framed vernacular and is suggestive of the early ranch houses completed in 1937; that the house is significant as part of the early development of Bay Island and has historic significance for association with the art colony existing in the City beginning in the 1930s at the time a number of prominent artists and authors chose Sarasota for residence; that the house is covered by beveled wood siding, has a T-shaped plan, contains almost all the original windows consisting of three and four light-wood casement units placed independently and in pairs; that the original louvered wood shutters are on the windows; that wide eaves with exposed circular cut raiter tails extend around the perimeter of the house; that the home originally had a two-car garage which was converted into a spare bedroom a year or two after construction of the house; that the property is beautiful and sits on 6.5 lots; that a 20-foot addition with an inset screened porch was completed in 1998; BOOK 48 Page 20264 11/06/00 6:00 P.M. BOOK 48 Page 20265 11/06/00 6:00 P.M. that the addition is distinguishable by a board which runs around the addition; that a wrap-around porch extends around the house; that the property contains a contemporary swimming pool; that the house is well-preserved 1930s architecture not exemplary of any particular style; that the home was built by a wealthy couple who came to the City in 1935 and lived in the house until 1946; that many artists and authors Elocked to the area once the Ringling School of Art and Design was established for the Climate and subject matter; that Helen Remsen was a nationally acclaimed sculptor and taught some private art classes in the home. Commissioner Quillin asked if the Remsen house had a tin roof? Ms. Hartig stated the answer is unknown; however, a tin roof would have been appropriate at the time. Commissioner Quillin asked the location of the skylights? Ms. Hartig stated that the skylights only exist in the contemporary addition. Mayor Pillot requested that Staff come Eorward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 4275 is for historic designation of the one-story Depression-Era, frame-vernacular, ranch-style house with attached garage built in 1937, located at 3459 Seagrape Drive, and known as the Remsen House; that approval of the request for historic designation was recommended to the Commission at the September 12, 2000, Regular Historic Preservation Board Meeting, based on the following criteria in Section IV-806 (A), Zoning Code (1998): (1) Reflects the broad cultural and social history of the City by its association with the early history of Bay Island on Siesta Key and one of the City's early artist's colonies; (3) Is associated with the life of Helen Remsen, a well- known visual artist, whose work won awards in the States of Florida, Texas, and California, and the City of New Orleans, and who served on the Board of Directors and the artists committee of the Sarasota Art Association; and (4) Embodies the distinctive visible characteristics of a simple wood frame, Depression Era residence suggestive of the early ranch style. Mayor Pillot stated that no one was certified as an Affected Person and requested that other, interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot stated that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4275 by title only. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4275 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yesi Pillot, yes; Quillin, yesi Cardamone, yes; Hogle, yes. 18. CITIZENS' INPUT CONCERNING CITY TOPICS: : #2 (1300) There was no one signed up to speak. 19. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY TO IMPLEMENT THE PARKING PLAN FOR COUNTY BUILDINGS WITHIN DOWNTOWN EAST OF US 301 = APPROVED (AGENDA ITEM VI-1) #2 (1300) through (1620) Mayor Pillot stated that the item is to approve the Interlocal Agreement between the City and the County to implement a parking plan for Downtown County buildings east of US 301. City Manager Sollenberger stated that a detailed overview of the Interlocal Agreement is provided in the October 24, 2000, memorandum from Sarah Schenk, Attorney, City Attorney's Office, included in the Agenda backup material. BOOK 48 Page 20266 11/06/00 6:00 P.M. BOOK 48 Page 2026'7 11/06/00 6:00 P.M. Karin Murphy, Senior Planner II, Planning and Development Department, and Sarah Schenk, Attorney, City Attorney's Office, came before the Commission. Ms. Murphy stated that the City entered an Interlocal Agreement requiring a study concerning parking at County buildings, the pertormance of which was a condition for approval for the waiver of the requirements for the Governmental Use (G) Zone District and approval of the site plan for the Sarasota County Jail Annex; that Staff has worked on the Interlocal Agreement with the County since January 1999; that that the parking analysis was prepared by Rich and Associates, Inc.; that Barger and Dean Architects, Inc., performed the Sarasota County Judicial Complex Parking Identification included in the November 6, 2000, Regular Commission meeting Agenda; that Staff verified the available parking spaces identified by Rich and Associates, Inc., and Barger and Dean Architects, Inc.; that the parking identification study was discussed with Charles King, agent for Merriam Clarke, Affected Person concerning Site Plan Application No. 00-SP-27 and Off-Site Parking Agreement Application No. 00- OSP-02 discussed previously; that Mr. King's concerns for signage and parking space were discussed and addressed by Staff; that 17 additional spaces will be available for public usage; that Staff discussed the location and type of signage for parking with County staff. Attorney Schenk stated that the County agreed to reserve the first two levels of the County parking garage for public use; that a timeframe for placement of parking signage will be developed prior to obtaining a Certificate of Occupancy (CO). Commissioner Quillin asked if the County will provide additional parking for the County Law Library and nearby tennis courts? Peter Horstman, Associate Architect, AIA, Barger and Dean Architects, Inc., came before the Commission and stated that the County will allocate 13 additional parking spaces for public use related to the County Law Library. City Manager Sollenberger stated that the Administration recommends approving the Interlocal Agreement to Implement the Parking Plan for County Buildings within Downtown Sarasota. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to approve the Interlocal Agreement to Implement the Parking Plan for County Buildings within Downtown Sarasota. Vice Mayor Hogle stated that the efforts of City and County Staffs to complete the project are appreciated; that the additional parking will benefit the community. Commissioner Quillin stated that the additional parking is welcomed; that parking spaces are often difficult to locate in the areas near the County buildings east of US 301; that signage and on-street parking issues should be further examined; that a significant number of businesses are impacted by the lack of parking. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 20. UNFINISHED BUSINESS: DISCUSSION RE: : SARASOTA COUNTY AREA TRANSIT (SCAT) INTERMODAL TRANSFER FACILITY = APPROVED THE LOCATION FOR THE TRANSFER FACILITY AND AUTHORIZED THE CITY MANAGER TO CONTACT THE COUNTY ADMINISTRATOR TO BEGIN DISCUSSIONS WITH THE FOLLOWING STIPULATIONS : 1) PARKING SPACES ARE NOT LOST; 2) THE CITY POLICE DEPARTMENT WILL BE INVOLVED FROM THE BEGINNING OF THE PROJECT AS THE CONSULTANT FOR CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) PRINCIPLES; AND 3) THE CITY WILL HAVE SIGNIFICANT INPUT CONCERNING THE URBAN DESIGN OF THE TRANSFER FACILITY (AGENDA ITEM VI-2) #2 (1620) through #3 (0820) Mayor Pillot stated that the item concerns discussion regarding the location of the proposed Sarasota County Area Transit (SCAT) Intermodal Transier Facility (Transfer Facility) City Manager Sollenberger stated that the Commission discussed the issue and proposed additional sites for the SCAT Transier Facility at the September 18, 2000, Regular Commission meeting; that the County Administration recommended the House of Golf site on Fruitville Road to the Sarasota Board of County Commissioners (BCC) i however, the House of Golf property was sold shortly before the BCC met to discuss selection of a site for the SCAT Transfer Facility; that the BCC decided to request the City negotiate concerning the Lemon Avenue site for use as the SCAT Transfer Facility; that an October 27, 2000, letter from David Bullock, BOOK 48 Page 20268 11/06/00 6:00 P.M. BOOK 48 Page 20269 11/06/00 6:00 P.M. Deputy County Administrator, which is included in the Agenda backup material communicated the BCC's decision; that Commission direction concerning the location of the SCAT Transfer Facility is requested. Wells Permont and Paul Thorpe, representing the Downtown Association of Sarasota, Inc. (Downtown Association), came before the Commission. Mr. Permont referred to a conceptual site plan for a multi-use facility located at the Lemon Avenue site; and stated that the Board of Directors of the Downtown Association unanimously supports locating the SCAT Transfer Facility at the Lemon Avenue site; that the Downtown Association has supported the conceptual site plan for 15 years; that the SCAT Transfer Facility should be an area of activity and energy and a key component of Downtown, which consists of a significant yet diverse area of the City; that the Lemon Avenue site will assist in connecting activity between Main Street and Fruitville Road; that a two- story parking structure will be located in the multi-use facility, will offset the loss of parking due to construction of the SCAT Transfer Facility, and will provide additional parking Downtown; that a bus terminal and transfer facility and retail lease space, which will facilitate commercial and pedestrian activity, will also be located in the multi-use facility; that additional retail space will stimulate Eurther pedestrian activity and the desire to visit Downtown; that the City of Sarasota, Downtown Master Plan 2020 (Master Plan. 2020) supports the location of the SCAT Transfer Facility at the Lemon Avenue site; that Thomas Cardinal, Principal with Cardinal, Carlson and Parks Architects (CCP), and Board Member, Downtown Association, considered the concepts regarding transportation espoused in the Master Plan 2020 in drafting the Downtown Association's conceptual site plan of the multi-use facility; that the façade of the multi-use facility will resemble the architecture of many historic buildings of the City; that the Downtown Association requests the Commission approve the concept of the multi-use facility and direct the Administration to meet with the County Administration and SCAT staff concerning the Lemon Avenue site to formulate a recommendation mutually acceptable to the City and County. Mr. Thorpe stated that the Downtown Association has supported the location of the SCAT Transfer Facility at the Lemon Avenue site for several years; that the proposed multi-use facility is a concept requiring further discussion and will benefit Downtown activities and events; that discussions concerning potential locations have occupied the City and County for approximately 6 years; that a decision should be made soon; that the amount of parking should be preserved; that a net gain of parking spaces will result if the multi-use facility is built; that a mutually acceptable solution to the City and County should be obtained. Mayor Pillot stated that two issues require consideration; that the first issue is the willingness of the Commission to approve the Lemon Avenue site for the SCAT Transfer Facility; that the potential exists for legal action on behalf of the County to obtain the Lemon Avenue site; that the second issue is the type of facility located on the Lemon Avenue site; that the type of facility is not currently a matter of consideration before the Commission; that a decision is required only for approval of selling or leasing the Lemon Avenue site to the County for the SCAT Transfer Facility. Commissioner Cardamone stated that previous Commissions discussed the location of the SCAT Transfer Facility; that previous discussions centered on the existing parking spaces at the Lemon Avenue site; that the County was previously informed of the willingness of the Commission to approve the Lemon Avenue site with the condition the amount of parking was maintained; that the City will lose 86 parking spaces if a SCAT Transfer Facility which does not provide parking is constructed; that the parking spaces are important to public and commercial use of Downtown and specifically Main Street; that locating the SCAT Transfer Facility at any Downtown site is not preferred but will bei supported if the amount of parking is maintained; that significant funds are not available to support construction of a large facility; that the County previously refused the concept of constructing a multi-use facility at the Lemon Avenue site. Commissioner Mason concurred and stated that the existing parking spaces will be difficult to replace if additional parking is not provided by the County and SCAT; that the Commission and BCC should discuss the matter at a joint meeting. Vice Mayor Hogle stated that locating the SCAT Transfer Facility at the Lemon Avenue site is supported; that the amount of parking should be maintained; that the majority of the public supports use of the Lemon Avenue site; that the Commission should require the County provide a site plan for the SCAT Transier Facility prior to final approval of the sale or lease of the Lemon Avenue site. BOOK 48 Page 20270 11/06/00 6:00 P.M. BOOK 48 Page 20271 11/06/00 6:00 P.M. Commissioner Quillin stated that all proposed sites were not adequately considered; that the Transportation Management Organization (TMO) is reviewing the proposed sites; that failing to provide resolution to the location of the SCAT Transfer Facility will result in a long-term problem for the City in the Downtown area; that the SCAT Transfer Facility should be incorporated into a unified project designed for the City block between Lemon and Central Avenues and First and Second Streets, of which a significant portion is owned by the City. Commissioner Quillin referred to the Preliminary Study Conceptual Site Plan of the SCAT Transfer Facility included in the Agenda backup material; and stated that the multi-use facility proposed by the Downtown Association is preferred to the conceptual site plan proposed by the County; that the County's conceptual site plan does not provide adequate parking; that the existing parking spaces are used frequently; that the City should lease and not sell the Lemon Avenue site to the County; that leasing the property would immediately conserve the County approximately $1 million, which could be used for the construction of the SCAT Transfer Facility. Commissioner Cardamone stated that the Downtown Association's survey of SCAT riders included the Lemon Avenue site as a proposed location for the SCAT Transier Facility; that the Commission specifically requested the Lemon Avenue site be excluded from consideration; that SCAT riders are naturally inclined to prefer the Lemon Avenue site, which has been used as a make-shift transfer facility for approximately 20 years; that the Downtown Association frequently voices concern regarding a significant number of the City's projects; that the action of the Downtown Association not to consider the wishes of the Commission concerning use of the Lemon Avenue site is a concern; that the County will not construct the SCAT Transfer Facility preferred by the Commission at the Lemon Avenue site as the City will not be able to contribute significant funds for construction; that the County should seek an alternate site if the amount of parking is not maintained. Mr. Thorpe stated that the comments of the public, the Commission and the BCC were heard; that losing existing parking spaces Downtown is not supported; that the construction of a multi-use facility is possible; that the Commission and the BCC previously approved the location of the SCAT Transfer Facility near St. Martha's Church; however, the public opposed the location; that all proposed sites were thoroughly examined and discussed; that experts were hired to provide advice concerning potential sites; that the Lemon Avenue site has been discussed for 5 years; that the public supports locating the SCAT Transfer Facility at the Lemon Avenue site; that a decision should be made as soon as possible. Mayor Pillot stated that governments possess the powers of eminent domain, which is the ability to obtain private property if a need for the property is appropriately documented; and asked if the County could acquire the Lemon Avenue site through the exercise of eminent domain? City Attorney Taylor stated yes. Mayor Pillot stated that the Commission could refuse to sell the Lemon Avenue property to the County; that the County could acquire the Lemon Avenue property by exercising eminent domain; that an unfortunate legal confrontation would result; however, the City could choose to sell or lease the Lemon Avenue site to the County and negotiate acceptable terms and conditions; that the BCC should not have considered the Lemon Avenue site as desired by the Commission; that the Commission should render a decision; that the Lemon Avenue site was not previously supported; however, the Commission should authorize the Administration to lease or sell the Lemon Avenue property to the County provided the amount of parking is maintained and the Sarasota Police Department (SPD) is consulted in designing the new SCAT Transfer Facility to ensure the safety of the public. Commissioner Quillin stated that SCAT staff requested support for the Lemon Avenue site and the County's conceptual site plan for a SCAT Transfer Facility but were informed of support for a unified project; that the Lemon Avenue site is located in the Tax Increment Financing (TIF) District; that the Lemon Avenue site and the SCAT Transfer Facility should be designed and constructed based upon the adopted update to the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) i that a unified project could be designed, be accepted by the Commission and the BCC, and compliment Five Points Park and the surrounding Downtown areas; that the Florida Department of Transportation (FDOT) issued a final extension of the availability of funds for construction of the SCAT Transfer Facility to April 30, 2001; that a joint meeting of the Commission and the BCC should be held to discuss the potential for a unified project; that the City could fund a portion of the construction of the SCAT Transfer Facility; that a unified project would enhance Downtown in the long term; that Downtown BOOK 48 Page 20272 11/06/00 6:00 P.M. BOOK 48 Page 20273 11/06/00 6:00 P.M. business owners will be willing to purchase parking spaces as part of a unified project. Commissioner Cardamone stated that proving the Lemon Avenue site is the only site for the SCAT Transfer Facility would be difficult; therefore, the County's exercise of eminent domain is not a consideration; however, a legal confrontation with the County should be avoided; that the purchase of the House of Golf property immediately prior to consideration by the BCC requires examination; that the County could exercise eminent domain to acquire the House of Golf site; that the overpayments of TIF funds could be applied to the acquisition of the House of Golf site; that the County may be required to spend additional funds to acquire the House of Golf site; that the expenditure of the additional funds will be offset by the approximately $2 million acquired in FDOT funds. City Manager Sollenberger stated that the County has not discussed exercise of eminent domain to acquire a site for the SCAT Transfer Facility; that the BCC recognized the complexity of choosing any site and requests the Commission consider locating the SCAT Transier Facility at the Lemon Avenue site; that City Staff is not supportive of the Lemon Avenue site; that the Administration recommends requesting the BCC acquire the House of Golf site; that the overpayment of TIF funds could be employed as means to generate support for locating the SCAT Transfer Facility at the House of Golf site; that the equivalent of the 86 existing parking spaces should be maintained; that the entire parcel of the Lemon Avenue property owned by the City was recently appraised at approximately $1.5 million; that the portion of the Lemon Avenue site sought by the County is appraised at approximately $1 million; that the cost of each lost parking space is approximately $20,000; that the City could use the funds acquired by the sale of the Lemon Avenue property to refund the County's TIF overpayments; that another option is to repay the TIF overpayments by assisting acquisition of the House of Golf site. City Manager Sollenberger continued that the Master Plan 2020 recommends constructing a parking facility at the Lemon Avenue site; that the Zoning Code (1998) requires locating parking in large buildings; that the Master Plan 2020 opposed such parking requirements; that a parking facility could be constructed at the Lemon Avenue site to provide additional commercial and public parking and would require either a public/private funding partnership or the City's funding; that funds could be recouped through the purchase of parking spaces by local businesses; that the Community Redevelopment Agency (CRA) of the City of Naples funded construction of a similar parking facility; that the City of Naples charges local businesses $20,000 per parking space which generates significant revenues; that the construction of a parking facility funded by the City could also yield significant revenues; that constructing a parking facility at the Lemon Avenue site could enhance Downtown; that the majority of local business owners do not support locating the SCAT Transfer Facility at the Lemon Avenue site; however, representatives of the Downtown Association have always indicated support for the Lemon Avenue site. Vice Mayor Hogle stated that a parking facility could be constructed at the City parking lot at State Street with similar benefits to Downtown; that locating the SCAT Transfer Facility at the Lemon Avenue site is supported. Mr. Thorpe stated that parking garages were built in many buildings Downtown; that parking spaces are sold to local businesses for $6,000 to $8,000; that significant revenues are generated from the sale of parking spaces; that the Master Plan 2020 recommended locating the SCAT Transfer Facility near St. Martha's Church; however, the St. Martha's Church site was not approved; that discussion of the Lemon Avenue site is recurring; that recommendations concerning parking and transportation facilities in the Master Plan 2020 could be incorporated in a single, multi-use facility at the Lemon Avenue site. Commissioner Cardamone stated that the City block between Central and Lemon Avenues and First and Second Streets is the most valuable parcel of undeveloped property in the City; that any facility constructed on the property should serve the long- term interests of and provide the maximum benefit to the City; that the County should be encouraged to pursue acquisition of the House of Golf site with City support. Commissioner Quillin stated that significant TIF funds cannot be committed to the construction of a multi-use facility at the Lemon Avenue site; that the existing parking at the Lemon Avenue site is of significant benefit to Downtown merchants; that a unified project occupying the entire City block should be developed. Mr. Thorpe stated that Downtown merchants are willing to purchase parking spaces as part of a parking or multi-use facility; that BOOK 48 Page 20274 11/06/00 6:00 P.M. BOOK 48 Page 20275 11/06/00 6:00 P.M. additional parking is currently required as several new businesses recently opened. Mr. Permont stated that the location of the SCAT Transfer Facility has been discussed for many years; that a decision should be made soon; that the amount of existing parking must be maintained; that the City should support locating the SCAT Transfer Facility at the Lemon Avenue site provided the amount of parking is maintained; that local businesses will support the construction of a facility which provides additional parking spaces; that the same arguments are continually debated; that immediate action is required; that the Downtown Association will present the conceptual site plan for a multi-use facility at the Lemon Avenue site to the County. Mayor Pillot asked if the Administration seeks specific action? City Manager Sollenberger stated that the Commission is requested to provide direction to the Administration. Mayor Pillot stated that the current item was placed on the Agenda to obtain an action from the Commission; that the Commission's Rules of Procedure permit 2 minutes of discussion in the absence of or prior to a motion; that a motion is required to continue debate. Commissioner Cardamone asked the difference between a discussion and an action item? Mayor Pillot stated that debate is not limited following a motion; that a motion should be made; that the same arguments and comments will be heard; and asked if the limit concerning debate prior to a motion may be overturned by an affirmative vote of four Commissioners? City Auditor and Clerk Robinson stated yes. Mayor Pillot stated that debate will not continue until a motion is made unless the Chair is overruled by the Commission. Commissioner Quillin asked if discussion items require a vote of four Commissioners to take any action? City Auditor and Clerk Robinson stated no; that the Agenda of the November 6, 2000, Regular Commission meeting indicates a request for Commission discussion and direction. Mayor Pillot asked if the vote of three Commissioners is required to take any action? City Auditor and Clerk Robinson stated yes. Mayor Pillot stated that the Administration indicated an action by the Commission concerning the current item is sought; that debate will not continue until a motion is made. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve the site at Lemon Avenue and First Street as the location for the SCAT Transfer Facility. Vice Mayor Hogle stated that an April 30, 2001, deadline for a grant from FDOT exists; that an opportunity is presented to work with the Downtown Association and Sarasota County to reclaim the 86 parking spaces affected; that retail space can be provided on the site; that the City should move forward with conceptual approval. Commissioner Mason concurred; and stated that selection of the site at Lemon Avenue and First Street is not a concern if the 86 parking spaces can be reclaimed. On motion of Mayor Pillot who passed the gavel to Vice Mayor Hogle and second of Commissioner Mason, it was moved to amend the motion to authorize the City Manager to contact the County Administrator to begin discussion concerning the Lemon Avenue site with the following two stipulations: 1. Parking spaces are not lost. 2. The City Police Department will be involved from the beginning of the project as the consultant for Crime Prevention Through Environmental Design (CPTED) principles. City Manager Sollenberger stated that a request is to include in the motion a stipulation for the City to have significant input concerning the urban design of the SCAT Transfer Facility. Mayor Pillot, as the maker of the motion, with the approval of Commissioner Mason, as the seconder, revised the amendment to include a stipulation for the City to have significant input concerning the urban design of the SCAT Transfer Facility. Commissioner Quillin stated that a lawsuit involving the Lemon Avenue site is pending; that the development of any public/private partnerships would require the issuance of a BOOK 48 Page 20276 11/06/00 6:00 P.M. BOOK 48 Page 20277 11/06/00 6:00 P.M. Request for Proposal (RFP) ; that caution should be exercised; that the motions are in good spirit; however, site selection for the SCAT Transier Facility should be referred to the Administration to consider the legal implications and provide a recommendation, which could include a recommendation for a joint City and County Commission meeting to discuss possible partnerships. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to table the motions until the December 4, 2000, Regular Commission meeting. Commissioner Cardamone stated that the City Commission is again being pressured due to the deadline for the FDOT grant; that several 6-month extensions have already been granted by FDOT; that the City Commission was required to react immediately during the first discussion concerning the SCAT Transier Facility as the FDOT grant deadline could not be extended; that the City Commission has been on record since the beginning of discussions that any site but the site at Lemon Avenue and First Street would be acceptable as the BCC indicated the parking which would be lost could not be replaced; that additionally, a lawsuit is pending against the City; that the legal standing in the lawsuit is not known; that the finances should be known prior to offering the Lemon Avenue site; that a better understanding of the implications of locating the SCAT Transfer Facility should be known prior to making a decision. Commissioner Quillin stated that postponing consideration of the location of the SCAT Transfer Facility is prudent and appropriate; that the lawsuit has been discussed with the City Attorney's Office; that a unified project has been discussed; that the Commission should be prudent; that partnering with the County will place the City in a stronger position; that postponing consideration will provide the City Manager and City Attorney time to report back which, hopefully, will include a report for a joint discussion with the BCC. Mayor Pillot stated that the original main motion provides for an excellent partnership between the City and County; that a unified project to Central Avenue will be difficult to accomplish as some property is in private ownership which has not indicated an interest in becoming involved; that due to out- of-State travel, the December 4, 2000, Regular Commission meeting will not be attended. Commissioner Mason requested legal clarification of the status of the lawsuit. City Attorney Taylor stated that the City is involved in pending litigation arising from Florida's Redevelopment Act (the Act); that the interpretation of the Act offered is disposition of any property owned by the City in the Community Redevelopment Area must be according to a process allowing outsiders an opportunity to respond to Requests for Proposals (RFPs); that the personal belief is the offered interpretation of the Act does not apply; however, the City is involved in pending litigation; that the same facts will probably apply concerning any future action; that the result will likely be threatened or actual litigation; that ultimately the lawsuit may require a court decision unless a joint venture is negotiated with the party involved in the lawsuit. Vice Mayor Hogle requested clarification of the parliamentary procedure concerning the motions. City Auditor and Clerk Robinson stated that the correct motion is to postpone consideration of the motions until the December 4, 2000, Regular Commission meeting; that a majority affirmative vote is required. Commissioner Cardamone stated that not having a full Commission at the December 4, 2000, Regular Commission meeting is a concern. Commissioner Cardamone, as the maker of the motion, with the approval of Commissioner Quillin, as the seconder, revised the motion as to postpone consideration of the motions until the December 18, 2000, Regular Commission meeting. Commissioner Quillin stated that the hope is for report from Staff indicating a scheduled time for a joint meeting with the City and County Commissions, which was thought as the intent of the motion to postpone definitely. Commissioner Cardamone stated that scheduling a time for a joint meeting was not the intent of the motion to postpone definitely. Vice Mayor Hogle called for a vote on the motion to postpone consideration of the motions until the December 18, 2000, Regular Commission meeting. Motion failed (3 to 2): Cardamone, yes; Mason, no; Pillot, noi Quillin, yes; Hogle, no. BOOK 48 Page 20278 11/06/00 6:00 P.M. BOOK 48 Page 20279 11/06/00 6:00 P.M. Vice Mayor Hogle called for a vote on the motion to amend to authorize the City Manager to contact the County Administrator to begin discussions with the following stipulations: 1. Parking spaces are not lost. 2. The City Police Department will be involved from the beginning of the project as the consultant for Crime Prevention Through Environmental Design (CPTED) principles. 3. The City will have significant input concerning the urban design of the SCAT Intermodal Transfer Facility. Motion carried (3 to 2): Cardamone, no; Mason, yes; Pillot, yes; Quillin, no; Hogle, yes. Vice Mayor Hogle called for a vote on the motion as amended to approve the site at Lemon Avenue and First Street. Commissioner Cardamone requested that the motion as amended be restated. City Auditor and Clerk Robinson restated the motion as amended as to approve the location for the Sarasota County Area Transit (SCAT) Intermodal Transfer Facility and to authorize the City Manager to contact the County Administrator to begin discussions with the following stipulations: 1. Parking spaces are not lost. 2. The City Police Department will be involved from the beginning of the project as the consultant for Crime Prevention Through Environmental Design (CPTED) principles. 3. The City will have significant input concerning the urban design of the SCAT Intermodal Transfer Facility. Vice Mayor Hogle called for a vote on the motion as amended. Motion carried (3 to 2): Cardamone, no; Mason, yes; Pillot, yes; Quillin, no; Hogle, yes. Commissioner Cardamone asked the legal action required by the City at this time? City Attorney Taylor stated that the City is currently involved in litigation; that the lawsuit is dormant; that additional legal action as a result of the current Commission action is not known; that no action is required at this time. Commissioner Quillin asked if Special Legal Counsel has been hired to handle the lawsuit? City Attorney Taylor stated no. Commissioner Quillin stated that Robert Fournier, City Attorney's Office, recently advised Special Legal Counsel had been hired to handle the lawsuit; that receiving the advice of Special Legal Counsel hired by the Commission would be appreciated. City Attorney Taylor stated that the advice being referenced is known and will be provided. Mayor Pillot stated that indicating the potential for reactivating the lawsuit is inviting legal action; that a Commission action has been taken with a 3-to-2 vote; that the action will proceed unless overruled by the Commission; that legal action should not be presumed; that discussions of. fear of future legal action invites legal action. 21. UNFINISHED BUSINESS: REPORT RE: ICE CREAM VENDING - RETAINED EXISTING VENDING REGULATIONS CONTAINED IN THE SARASOTA CITY CODE (1986 AS AMENDED) (CITY CODE) - AGREED A REVISED ORDINANCE CONCERNING MOBILE ICE CREAM VENDING COULD BE SUBMITTED TO EACH COMMISSIONER (AGENDA ITEM VI-3) #3 (0820) through (1715) Mayor Pillot stated that the item concerns mobile ice cream vending regulations. City Manager Sollenberger stated that the Administration recommends retaining existing vending regulations contained in the Sarasota City Code (1986 as amended) (City Code). Timothy Litchet, Director of Building, Zoning and Code Entorcement, came before the Commission; referred to an October 17, 2000, memorandum to V. Peter Schneider, Deputy City Manager, including reports of the Department of Building, Zoning and Code Enforcement, the Sarasota Police Department (SPD) I the Engineering Department, and the City Attorney's Office regarding mobile ice cream vending in the City; and stated that Staff remains concerned regarding safety issues related to mobile ice cream vending; that the City Attorney's Office noted substantial legal issues are involved; that the City should not change the existing vending regulations in the City Code, which does not BOOK 48 Page 20280 11/06/00 6:00 P.M. BOOK 48 Page 20281 11/06/00 6:00 P.M. permit mobile vending operations in the City's residential zone districts. Commissioner Quillin stated that Staff was provided with a copy of the November 6, 2000, letter from Richard Smith, Attorney, Nelson Hesse, representing Gene Bovinett, to Mayor Pillot concerning a request to submit a revised ordinance. Attorney Smith came before the Commission and stated that the Commission is requested to permit submission of a revised ordinance regulating mobile ice cream vending in the City, which will respond to the issues raised by Staff and the City Attorney's Office. City Manager Sollenberger stated that the Commission may choose to receive a revised ordinance; however, the Administration does not support a mobile ice cream vending ordinance but rather supports the existing vending regulations. Commissioner Cardamone quoted the November 6, 2000, letter regarding mobile ice cream vending as follows: There are at least three other mobile ice cream vendors operating on a routine bases in the City with no enforcement action by the City Police. Commissioner Cardamone asked for clarification of the activities of mobile ice cream vendors in the City. Attorney Smith stated that Mr. Bovinett provided the information based upon personal observations and refrains from mobile ice cream vending in the City until a public hearing is held to consider an ordinance concerning mobile ice cream vending regulations; that other mobile ice cream vendors continue operations in the City; that SPD's failure to enforce the prohibition against mobile ice cream vending demonstrates the safety of such operations; that the Commission is requested to provide the opportunity to consider a revised ordinance to address Staff's concerns and hear public opinion concerning mobile ice cream vending. Commissioner Cardamone asked if Staff is aware of other mobile ice cream vendors operating in the City? Mr. Litchet stated no. Commissioner Cardamone stated that other mobile ice cream vendors have not been observed operating in the City; and asked if evidence is available of other mobile ice cream vendors operating in the City? Attorney Smith stated that Nick Young, White Pony, and Sonny's Italian Ices are among the mobile ice cream vendors operating in the City. Commissioner Mason stated that mobile ice cream vendors operate frequently near public housing; that enforcing the City's regulations concerning mobile ice cream vending is not a SPD priority; that the safety of the City's children is the concern; that she has eight grandchildren; that children have little regard for personal safety upon approaching mobile ice cream vendors; that the potential for injury to a child is significant; that the Commission should not permit mobile ice cream vending if injury to a child may result. Mayor Pillot concurred; and stated that Attorney Smith's request is reasonable; however, substantial evidence must be provided to alter concerns regarding the potential for injury to a child; that the concern is not the regulation of mobile ice cream vending operations or noise nuisances; that the safety of the City's children is of primary importance and concern; that the public safety concerns expressed by SPD cannot be ignored; that SPD has not enforced the City's regulation of mobile ice cream vending; however, the majority of SPD officers are probably unaware of existing regulations; that SPD will be provided a copy of the November 6, 2000, letter concerning mobile ice cream vending regulations; that a revised ordinance should demonstrate a provision ensuring the safety of the City's children. Attorney Smith stated that fear is of significant concern in any legislative process; that legislators should hear testimony and evidence which provide facts to allay or confirm fears; that a public hearing is requested to present evidence of the safety of mobile ice cream vending operations. Commissioner Quillin stated that the opportunity to present information to Staff regarding mobile ice cream vending regulations should be provided; that mobile ice cream vendors could be permitted to operate safely at designated times and places in the City in stationary positions; that citizens would continue to patronize mobile ice cream vendors, especially during summer; that fond memories of patronizing mobile ice cream vendors as a child are recalled; that mobile ice cream vending can be BOOK 48 Page 20282 11/06/00 6:00 P.M. BOOK 48 Page 20283 11/06/00 6:00 P.M. successfully regulated to deliver a desired service to the community while providing for the safety of the City's children. Mayor Pillot asked if the opportunity will be available to submit a revised ordinance to the City in the event the Commission does not take action regarding the current item? City Manager Sollenberger stated yes. Mayor Pillot asked if the inaction of the Commission is acceptable? Attorney Smith stated yes; that the Commission is not requested to make a commitment prior to a public hearing regarding the facts of mobile ice cream vending in the City; that Staff will be consulted for input concerning a revised ordinance. Mayor Pillot asked if consultation regarding a revised ordinance will occur with the Administration and City Attorney's Office, which will then communicate with the Commission? Attorney Smith stated yes. Mayor Pillot asked if the action is acceptable to the Administration? City Manager Sollenberger stated yes; however, consideration and preparation of a revised ordinance will consume significant Staff time. Mayor Pillot stated that the Commission may choose not to act or take a particular stance regarding the current item. Commissioner Cardamone stated that a majority of Commissioners do not support mobile ice cream vending; that the time of Staff, the Administration, and the City Attorney's Office should not be utilized in preparing or reviewing a revised ordinance. Mayor Pillot stated that the time of Staff, the Administration, and the City Attorney's Office should not be consumed; that a majority of Commissioners do not support mobile ice cream vending; however, permission should be granted to provide an opportunity to present a revised ordinance to the Commission and the Administration; that mobile ice cream vending operations are not permitted unless and until an ordinance permitting such activities is adopted; that the Commission may choose not to provide an opportunity to present a revised ordinance. Vice Mayor Hogle stated that committing additional Staff time to researching mobile ice cream vending is not supported; that any revised ordinance submitted will be personally reviewed; however, no commitment is being made to take action. Attorney Smith stated that the opportunity to submit a revised ordinance to the Commission is fair; that the opportunity to indicate conditions under which mobile ice cream vending may be appropriate is reasonable; that a balancing of the considerations regarding mobile ice cream vending rather than a complete prohibition is suggested. Commissioner Cardamone asked if other mobile vending operations are permitted in the City? Commissioner Quillin stated that hot dog vendors are permitted to operate in the City. City Manager Sollenberger stated that hot dog vendors are permitted to operate but must conduct operations at stationary positions. City Attorney Taylor stated that hot dog vendors operate in the public rights-of-way but not physically on any street. Commissioner Cardamone stated that dining is allowed on sidewalks with an appropriate permit; that street festivals occasionally occur on Main Street by special permit; that mobile ice cream vending became important as a result of a neighborhood concern regarding a near accident; that a child was recently killed in the City of Bradenton while attempting to patronize a mobile ice cream vendor; that mobile ice cream vending represents a danger to the safety of the City's children. Attorney Smith stated that the child killed in the City of Bradenton was struck by the mobile ice cream vendor while backing out of a local driveway; that similar accidents could occur with other vehicles; that the accident did not involve mobile ice cream vending but rather a failure to yield for a child while backing out of a driveway; that the request is to present the facts of mobile ice cream vending at a public hearing. Mayor Pillot stated that the time of Staff, the Administration, and the City Attorney's Office should not be further consumed regarding mobile ice cream vending; however, a revised ordinance will be reviewed by the Commission if submitted; that each BOOK 48 Page 20284 11/06/00 6:00 P.M. BOOK 48 Page 20285 11/06/00 6:00 P.M. Commissioner has the right to request any item be placed on the Agenda of a Commission meeting; that continuing to discuss mobile ice cream vending is not necessary if a revised ordinance is received and reviewed by each Commissioner but not placed on the Agenda of a Commission meeting. Attorney Smith stated that the opportunity to submit a revised ordinance for the review and consideration of Commissioners is fair and accepted. Commissioner Quillin asked if single or multiple revisions of the ordinance regarding mobile ice cream vending will be submitted? Attorney Smith stated that a single revised ordinance responding to the concerns of Staff will be presented. Mayor Pillot stated that hearing the Commission's agreement, a revised ordinance concerning mobile ice cream vending can be submitted to each Commissioner if desired; that the courtesy of a reply concerning possible Commissioner interest is suggested; and asked the legality of individual Commissioner review and decision concerning placing an item on the Agenda of a Commission meeting? City Auditor and Clerk Robinson stated that any Commissioner can add an item to the Agenda; that the petitioner could provide an introduction of the revised ordinance at the Commission meeting. City Attorney Taylor stated that the action is legal if each Commissioner reviews the revised ordinance individually and not with other Commissioners outside a Commission meeting as required by Florida's Sunshine Law. 22. NEW BUSINESS: APPROVAL RE: : SUPPORT OF THE 75TH ANNIVERSARY OF ST. ARMANDS CIRCLE DOCUMENTARY TO BE PRODUCED BY PUBLIC BROADCASTING TELEVISION STATION CHANNEL 3 WEDU- TV (WEDU) AND CONTRIBUTION OF $5,000 TOWARDS THE PROJECT - APPROVED (AGENDA ITEM VII-1) #3 (1715) through (1860) Mayor Pillot stated that the item concerns requested support for a contribution to a proposed documentary celebrating the 75th Anniversary of St. Armands Circle. City Manager Sollenberger stated that the 75th Anniversary of St. Armands Circle is approaching; that Steve Rogers, President of Public Broadcasting Television Station Channel 3 WEDU-TV (WEDU), is interested in making a documentary of the historic connections and contributions of St. Armands Circle to the region; that the production budget is $90,309 plus an investment by WEDU of $29,934; that WEDU is seeking funds from the community; that the Administration recommends supporting the WEDU Documentary Production of the 75th Anniversary of St. Armands Circle and approving a contribution of $5,000 from the City's portion of the County Occupational License Tax Fund toward the project; that the funds are within budgeted allocations. Commissioner Quillin stated that $15,000 remains in the City's portion of the County Occupational License Tax Fund; and asked if the $15,000 was budgeted for fireworks for the City's 2000/01 New Year's Eve Celebration? City Manager Sollenberger stated that $15,000 is budgeted for fireworks for the City's 2000/01 New Year's Eve Celebration; that an additional $5,000 is available from the City's portion of the County Occupation License Tax Fund which can be contributed toward the project. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to support the documentary production proposed by Public Broadcasting Television Station Channel 3 WEDU-TV (WEDU) for the 75th Anniversary of St. Armands Circle and approve a contribution of $5,000 from the City's portion of the County Occupational Tax Fund toward the project. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 23. NEW BUSINESS: DISCUSSION RE: : PROPOSED CHANGE OF DRAWBRIDGE OPERATION REGULATIONS AT NEW PASS SCHEDULED CONSIDERATION OF THE PROPOSED CHANGE OF DRAWBRIDGE OPERATION REGULATIONS AT NEW PASS FOR THE NOVEMBER 20, 2000, REGULAR COMMISSION MEETING (AGENDA ITEM VII-2) #3 (1860) through (2105) Mayor Pillot stated that the item concerns a proposed change of the operating regulations for the drawbridge at New Pass. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Manatee County requested the United States Coast Guard (USCG) change the existing timed opening schedule at New Pass and Longboat Pass to require "on- BOOK 48 Page 20286 11/06/00 6:00 P.M. BOOK 48 Page 20287 11/06/00 6:00 P.M. signal openings' " between 6 a.m. and 6 p.m.i that the term "on- signal openings" refers to the ability of boaters to request opening the drawbridge at any time if advance notice is provided; that the existing timed schedule is on the hour, 20 minutes past the hour, and 40 minutes past the hour from 7 a.m. to 6 p.m. ; that the USCG did not provide a notice of the proposed change directly to the City; that Staff obtained the information from the Town of Longboat Key; that USCG planned to initiate the proposed schedule on October 24, 2000; that the Mayor of the Town of Longboat Key requested USCG permit an extension to allow consideration of additional comments; that USCG granted the extension and will receive comments on or before December 22, 2000; that Staff recommends maintaining the existing schedule; however, the Commission may wish to hear public opinion concerning the proposed changes and provide additional direction to Staff; that citizens plan schedules and activities with knowledge of the regular openings of the drawbridge; that the late hour precludes effective public input; that Staff recommends receiving public input concerning the proposed drawbridge schedule at the November 20, 2000, Regular Commission meeting. City Manager Sollenberger stated that the proposed drawbridge schedule could be placed on the Agenda of the November 20, 2000, Regular Commission meeting as a discussion item; however, the Commission could also direct the Administration to receive public commentary administratively. Commissioner Quillin stated that public input concerning the proposed drawbridge schedule should be received at the November 20, 2000, Regular Commission meeting so the City can provide further information to the Sarasota/Manatee Metropolitan Planning Organization (MPO). Commissioner Cardamone stated that the reason Manatee County wishes to change the drawbridge schedule is unknown; and asked if the New Pass drawbridge is currently opened on demand at 20-minute intervals? Mr. Daughters stated yes. Commissioner Cardamone asked the existing procedure for opening the New Pass drawbridge at night? Mr. Daughters stated that the New Pass drawbridge is opened on demand at any time during the night. City Attorney Taylor stated that boaters communicate by radio with drawbridge operators, who open the bridge at night upon request. Commissioner Quillin stated that boaters must provide a 3-hour advance notice of the desire to open the New Pass drawbridge. City Attorney Taylor stated that the New Pass drawbridge opens on-demand at 20-minute intervals between 7 a.m. and 6 p.m. Mr. Daughters stated that boaters must provide 3-hours advance notice to drawbridge operators at night to open the New Pass drawbridge; that the proposal does not change the schedule or practice at night; that the proposed changes allow boaters to request the opening of the New Pass drawbridge at any time from 6 a.m.to 6 p.m. Commissioner Cardamone asked if proposed changes to the existing schedule require boaters provide 3-hours advance notice to drawbridge operators to open the New Pass drawbridge? Mr. Daughters stated no. Commissioner Cardamone stated that large boats cannot pass through New Pass due to the silt on the seafloor. Mr. Daughters stated that New Pass is scheduled for dredging during the spring of 2001. Mayor Pillot stated that hearing the Commission's agreement, a discussion of the proposed change of drawbridge operation regulations at New Pass will be placed on the Agenda of the November 20, 2000, Regular Commission meeting to hear public input. 24. NEW BUSINESS: DISCUSSION RE: RINGLING CAUSEWAY BRIDGE USE AS A FISHING PIER REQUESTED THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) NOT RETAIN ANY PORTION OF THE EXISTING RINGLING CAUSEWAY BRIDGE (AGENDA ITEM VII-3) #3 (2105) through (2755) Mayor Pillot stated that the item concerns use of the Ringling Causeway Bridge as a fishing pier. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Commissioner Cardamone requested the Administration examine the feasibility of retaining a portion of the existing Ringling Causeway Bridge for BOOK 48 Page 20288 11/06/00 6:00 P.M. BOOK 48 Page 20289 11/06/00 6:00 P.M. use as a fishing pier; that Staff examined use of the Ringling Causeway Bridge in 1996; and quoted the minutes of the February 5, 1996, Regular Commission meeting as follows: Mr. Daughters continued that the Administration recommendations are as follows: 3. Request FDOT not to retain any portion of the existing bridge as a fishing pier but rather construct a separate fishing pier under the new bridge, as recommended by the Task Team. Mr. Daughters continued that Staff's recommendation not to retain any portion of the Ringling Causeway Bridge is based on the following: 1. The existing bridge has structural deficiencies in all components. 2. The retained portion would have to be maintained at City expense. 3. [The retained portion of the Ringling Causeway Bridgel will not be aesthetically compatible with the proposed structure. 4. The existing "earth fill" approach will be removed thus requiring an excessively sized handicap ramp, with the resulting loss of parking space. Commissioner Cardamone referred to a drawing of the proposed handicap ramp and stated that the proposed handicap ramp is not attractive. Mr. Daughters stated that the Commission budgeted $350,000 for the design and construction of repairs to the Tony Saprito Municipal Fishing Pier (Saprito Pier) i that Staff hired a consultant to proceed with designing the necessary repairs; that Hillsborough and Pinellas Counties retained the George S. Gandy Bridge (Gandy Bridge) for use as the Friendship Trailbridge; that fishing is permitted on the Friendship Trailbridge but is not the primary designated use; that the Florida Department of Transportation (FDOT) allotted $7 million for the demolition of the Gandy Bridge; that Hillsborough and Pinellas Counties opted to use $6.5 million of the $7 million to develop and restore the Gandy Bridge as the Friendship Trailbridge; that $500,000 remains for maintenance; that Hillsborough and Pinellas Counties estimate maintenance of the Friendship Trailbridge will cost approximately $300,000 per yeari that concern was recently expressed concerning the impact the Friendship Trailbridge on marine life in Tampa Bay; that the Administration and Staff recommend requesting FDOT not retain any portion of the existing Ringling Causeway Bridge. Dennis Hart, representing Hart's Landing, 2788 Lena Lane (34240), came before the Commission, distributed a copy of a diagram of the Saprito Pier, and stated that the County enhanced the Saprito Pier with approximately 140 reef balls during 1999; that the Saprito Pier was built in 1979 and was designed with a length of 300 feet and under-pier lighting to enhance fishing; however, the Saprito Pier was constructed at 282 feet in length without under-pier lighting; that Staff's comments are supported; that the State expressed support for the construction of a new bridge spanning Sarasota Bay in 1991; that FDOT recommends the Ringling Causeway Bridge be completely demolished due to Federal funding requirements; that the $350,000 in City funds devoted to the renovation and repair of the Saprito Pier is appreciated; that the Saprito Pier is a safe place to visit and fish and is used frequently by local fishermen; that the reef balls create significant habitat for marine life and enhance fishing at the Saprito Pier; that personal participation on a City committee to enhance the Saprito Pier is offered; that a similar City committee was formed to enhance the boat ramps at Tenth Street north of the Civic Center; that the demolition of the Ringling Causeway Bridge will result in approximately an additional 1.5 acres of reef structure for marine life and will enhance fishing at the Saprito Pier. Mayor Pillot asked if demolishing the entire Ringling Causeway Bridge is supported? Mr. Hart stated yes; that the Ringling Causeway Bridge is of significant age and requires significant enhancements to maintain current operations; that a significant number of bridge pilings were split and required capping, which is the process of attaching metal collars to pilings and providing additional security through concrete supports. Commissioner Cardamone stated that FDOT advised the City to demolish the entire Ringling Causeway Bridge; however, Hillsborough and Pinellas Counties were provided similar advice yet conserved the Gandy Bridge; that a portion of the Ringling Causeway Bridge would extend further into Sarasota Bay than the BOOK 48 Page 20290 11/06/00 6:00 P.M. BOOK 48 Page 20291 11/06/00 6:00 P.M. Saprito Pier and could provide enhanced fishing opportunities; however, Staff and Mr. Hart disagree with the retention of any portion of the Ringling Causeway Bridge and should be heeded. Mr. Hart stated that any retained portion of the Ringling Causeway Bridge will be required to meet draw requirements; that the retained portion could extend no further than the existing third light of the Ringling Causeway Bridge. Commissioner Cardamone stated that fishing on the Ringling Causeway Bridge was once permitted; that local fishermen voiced significant opposition to the fishing ban. Commissioner Quillin asked if fingers could be added to the Saprito Pier? Mr. Hart stated that the concept was considered previously. Commissioner Quillin stated that seagrass beds exist in Sarasota Bay and provide for a different fishing experience than at the Saprito Pier; that extension of the Saprito Pier could provide access to fishing at nearby seagrass beds in Sarasota Bay. Mr. Hart stated that municipal piers must meet certain Federal regulations; that additional lighting and extension of the Saprito Pier are two priorities; that the Saprito Pier stands an average of 17 feet above water to meet Federal floodline requirements for municipal piers; that the Ringling Causeway Bridge stands an average of 12 feet above water; that lights on the Ringling Causeway Bridge are placed on poles approximately 25 feet in height; that the result is lighting approximately 37 feet above the water on average; that approximately 30 percent less lighting exists on the Saprito Pier than a similar length of the Ringling Causeway Bridge. Commissioner Quillin stated that formation of a City committee to examine possible enhancements to the Saprito Pier is supported; that the Saprito Pier is used frequently by local fishermen. Mr. Hart stated that the County provided funds for the installation of reef balls; that 30 percent of the reef balls consist of rubber; that County staff was experiencing physical injury while handling the materials used to construct reef balls; that an 18-inch collar was devised to prevent further injury to County staff while handling the reef balls and enhances the reef structure near the Saprito Pier. Commissioner Quillin asked if concrete materials are used to provide additional reef structure? Mr. Hart stated yes; that the County continues to enhance the reef structure in Sarasota Bay; however, County efforts to enhance reef structure were diminished recently due to fiscal constraints of the County Boating Improvement Fund. Vice Mayor Hogle stated that expenditures from the County Boating Improvement Fund should be examined closely; that the fund should be used for boating activities such as fishing; however, the fund is not solely used for boating activities currently; that the condition of the Saprito Pier and the Ringling Causeway Bridge was recently examined; that holes of significant size were observed in the Ringling Causeway Bridge which could result in injury; that improvements were recently made to the Saprito Pier and are appreciated. Mayor Pillot asked if formal Commission action is required? City Manager Sollenberger stated that the Commission is requested to indicate formal support for the Administration's recommendation or take alternate action. Mayor Pillot stated that hearing the Commission's agreement, the Florida Department of Transportation (FDOT) should be requested not retain any portion of the existing Ringling Causeway Bridge. Mayor Pillot stated that Mr. Hart will be consulted at the time further enhancements to the Saprito Pier are examined. City Manager Sollenberger stated that Staff will consult Mr. Hart at the appropriate time. 25. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (2763) There were no Commission Board or Committee reports. 26. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #3 (2763) through (3045) BOOK 48 Page 20292 11/06/00 6:00 P.M. BOOK 48 Page 20293 11/06/00 6:00 P.M. VICE MAYOR HOGLE: : A. stated that for the benefit of the public, the Commission discussed communication towers at the November 7, 2000, Commission informal discussion meeting; that Staff will be returning with a report in the future. COMMISSIONER QUILLIN: A. referred to an October 22, 2000, advertising supplement to the Sarasota Herald-Tribune entitled "Grand Re- opening: The New Van Wezel Performing Arts Hall (VWPAH) "; and quoted the advertising supplement as follows: Thank You to Our Donors - The Van Wezel renovation and expansion was made possible by a partnership of the City of Sarasota and Sarasota County through the penny sales tax initiative. Commissioner Quillin stated that the majority of the contribution from the Local Option Sales Tax extension (L.O.S.T.), also called the penny sales tax, came from the City's portion; that the City contributed $12 million from the L.O.S.T. extension for the VWPAH renovation. City Manager Sollenberger stated that the County also contributed approximately $3.5 million from the L.O.S.T. extension. Commissioner Quillin stated that the advertising supplement did not include the City logo; that the VWPAH is City owned and operated; that any publication concerning City property should include the City logo; that the advertising supplement was very good; however, many people have a misconception the VWPAH is private and not publicly funded. B. displayed a photograph and announced the birth of her new granddaughter, Taylor McKenzie, who was born October 23, 2000. The Commission congratulated Commissioner Quillin on the birth of her granddaughter. C. stated that November 7, 2000, is election day; that everyone is encouraged to vote. COMMISSIONER MASON: A. stated that the American Red Cross did an excellent job in responding quickly to a fire which occurred on November 4, 2000, at a local hotel; that 60 to 70 people were displaced by the fire and were provided assistance; that the hotel management arranged for relocation of guests to another hotel in the area. MAYOR PILLOT: A. stated that the City Manager is complimented for the excellent decision to select Gregory Horwedel, Director of Neighborhoods, for the position of Director of Redevelopment and Development Services; that the decision was carefully contemplated; that congratulations are extended to Mr. Horwedel who has proven his abilities in leadership to listen to the public which has earned the public's respect. Commissioner Cardamone agreed; and stated that approval is also expressed concerning the appointment. 27. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (3045) through (3100) CITY ATTORNEY TAYLOR: A. stated that the record should be clarified and apologies offered to Commissioner Quillin for indicating earlier that Special Legal Counsel had not been hired to represent the City in the pending litigation involving the City-owned property at Lemon Avenue and First Street; that the case is dormant; that Special Legal Counsel was hired which was not recalled at the time. CITY AUDITOR AND CLERK ROBINSON: : A. stated that a Special Commission meeting will be held at 2 p.m., November 7, 2000. BOOK 48 Page 20294 11/06/00 6:00 P.M. BOOK 48 Page 20295 11/06/00 6:00 P.M. 28. ADJOURN (AGENDA ITEM XII) #3 (3100) There being no further business, Mayor Pillot adjourned the Regular meeting of November 6, 2000, at 10:35 p.m. GENE M. PILLOT, MAYOR ATTEST: 6 ASOTA 1 ROBANGQN, CITY AUDITOR AND CLERK