BOOK 47 Page 19623 06/05/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 5, 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 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MAY 2000, TED HALL, REFUSE EQUIPMENT OPERATOR, F.A. PUBLIC WORKS DEPARTMENT #1 (0000) through (0168) Mayor Pillot stated that traditionally, the Mayor, City Manager, and Department Head make the presentation for the employee of the month; that all Commissioners wish to share in the honor of making the presentation; that commencing immediately, a different Commissioner will assist in making the presentations for the employee of the month beginning with the Vice Mayor. Vice Mayor Hogle requested that William Hallisey, Director of Public Works, and Ted Hall, Refuse Equipment Operator, F.A., join him before the Commission. Mr. Hallisey stated that Mr. Hall has been with the City for 26 years as a solid waste refuse equipment operator and operates the fully automatic truck to pick up the heavy dumpsters located throughout the City; that customers continually provide positive comments concerning Mr. Hall who is highly regarded; that residents and businesses are kept up to date concerning recycling and yard waste issues, assuring the City goals of being an attractive and pleasing City and a safe place for the public are fulfilled; that Mr. Hall successfully adapts to the many changes and job requirements in the Public Works Department, continually notices problems requiring attention, and maintains exceptional work habits, attendance, attitude and interpersonal skills; that Mr. Hall maintains a neat appearance and, as such, represents the model employee; that Mr. Hall's commitment to the community is shown through his active participation in his church and his participation in a local motorcycle club; that Mr. Hall is an asset to the Public Works Department and the City as he serves with excellence and pride. On behalf of the Commission, Vice Mayor Hogle presented Mr. Hall with a City-logo watch, a plaque, and a certificate as the May 2000 Employee of the Month in appreciation of his unique performance with the City; congratulated him for the achievement; and thanked him for the outstanding efforts. Mr. Hall stated that the award is appreciated and recognized his wife, Jackie, present in the audience. 2. PRESENTATION RE: RECOGNITION OF THE 1999-2000 SARASOTA NAACP LEADERSHIP ACADEMY GRADUATES #1 (0168) through (0317) #1 (0586) through (0655) Mayor Pillot requested that Commissioner Mason join him for the presentation. Commissioner Mason stated that the NAACP Leadership Academy represents a very difficult and challenging program to the young people of the City; that during personal opportunities to speak to 1999-2000 NAACP Leadership Academy graduates, the dedication, hard work, enthusiasm and leadership of each graduate was demonstrated; that each graduate represents a beacon of hope for current and future generations; that the efforts of each are appreciated by the community; and on behalf of the Commission, presented each of the graduates as Eollows with a signed Mayor's Citation embossed with the City Seal: Baraka Atkins, Dumaka Atkins, Nicole Davis, Shawn Harvey, Nathan Heggs, Jobia James, Derrick Jones, Shawndell Jones, Michael McGriff, Veronica Oliver, LeTrevis Pitts, and Rondre Sheffield Commissioner Mason continued that the hard work and achievements of the graduates and efforts of the NAACP Leadership Academy Staff and volunteers to train such excellent graduates are deeply appreciated. 3. PRESENTATION RE: RECOGNITION OF THE SARASOTA HIGH SCHOOL BOYS VARSITY BASEBALL TEAM #1 (0317) through (0586) Mayor Pillot stated that the Commission is proud to recognize the dedication, hard work, enthusiasm and leadership of the team members and coaches of the Sarasota High School (SHS) Varsity Baseball Players as. the 2000 Class 5A Florida State Championship Runners-upi and requested that Commissioner Quillin join him for the presentation. BOOK 47 Page 19624 06/05/00 6:00 P.M. BOOK 47 Page 19625 06/05/00 6:00 P.M. Commissioner Quillin stated that attending the 2000 Class 5A Florida State Championship Game was a pleasure; that the young men of the team always demonstrate considerable excellence and pride in representing the City of Sarasota; and requested that Daniel Kennedy, Principal, SHS, join her before the Commission. Mr. Kennedy stated that the best part of being Principal is acknowledging the accomplishments of the students; that the tremendous young men and women of the student body and the gifted and dedicated teachers and coaches separate SHS from all other schools; that the accomplishments of the team and other SHS sports teams demonstrate the excellence of the SHS' sports programs; that the young men of the baseball team and the team coaches are excellent representatives of the community; that the parents of team members are a fine group of supportive community members; that the young men of the team always demonstrate dignified conduct in winning or losing; that Ron Allen, Director, Florida High School Activities Association, complimented the conduct and ethics of all team members; that SHS is proud of the team members and coaches and fortunate to have Clyde Metcalf, Athletic Director and Head Varsity Baseball Coach, SHS, as a nationally-known baseball coach; and requested that Coach Metcalf and the team coaches and members join him before the Commission. Coach Metcalf stated that the hard work, dedication and efforts of the team are outstanding and. appreciated; that the young men of the team well represented the City, SHS, and themselves; and presented each of the team members as follows with a signed Mayor's Citation embossed with the City Seal: Ryan Aschenbrenner, Scott Barber, Thomas Berkery, Aaron Cheesman, Nate Chidester, David Cox, James Dewitt, Matt Fueyo, Justin Gee, Matt Gibson, James Houser, Brad Jones, Jon Loschin, Justin Markey, Matt McClain, Jason Miller, Mark Mynatt, Mike Perkins, Ryan Schuetz, Nick Wajda, and Danny Washmuth Coach Metcalf continued that the achievements and efforts of the team are a direct result of the excellence and hard work of the coaching staff and presented each of the coaches as follows with a signed Mayor's Citation embossed with the City Seal: Mark Aschenbrenner, Ed Howell, and Ted Lyke, Assistant Coaches On behalf of the Commission, Commissioner Quillin presented a signed Mayor's Citation embossed with the City Seal to Coach Metcalf and stated that the City is proud of the efforts of the team. Mayor Pillot stated that the SHS campus is among the premier high school campuses in the countryi that student morale and spirit at SHS is the highest in the countryi that he left SHS as Principal 32 years ago and would be proud to lead a school with as much pride as SHS exhibits; that the Commission holds a close relationship with SHS; that four of the Commissioners were students at SHS at one time; that Commissioner Cardamone was once a teacher at SHS; that Mr. Kennedy is a fine principal; that the record, sportsmanship, leadership and class of the team members are deeply appreciated by the City. 4. PRESENTATION RE: REÇOGNITION OF THE PROPOSED WORLD WAR II VETERANS MEMORIAL TO BE CONSTRUCTED IN WASHINGTON, D.C. #1 (0655) through (1442) Mayor Pillot stated that the presentation is to recognize the proposed construction of the National World War II Memorial Monument (the Memorial) in Washington, D.C., and requested Robert Burlingame, Registered Field Representative, City of Sarasota, National World War II Memorial Campaign, join him before the Commission. Mr. Burlingame stated that, as a former Sarasota High School (SHS) student, a former baseball coach, and a proud community member, the achievements of the SHS Varsity Baseball Players are appreciated; that the efforts of Mayor Pillot, Geoff Monge, Sarasota County Sheriff, and two former City Commissioners who served on the Sarasota World War II Memorial Community Action Council (SCAC) are appreciated; that fundraising efforts of the County Veterans' Commission, the American Legion, the Association of the Veterans of Foreign Wars, the Association of Disabled American Veterans, and the SHS Reserve Officer Training Corps are appreciated; that the fundraising efforts of Fred Stone, District and Local Chapter 97 Commander, Association of Disabled American Veterans, and Daniel Kennedy, Principal, SHS are especially appreciated. Mr. Burlingame requested that Jack Olsen, Colonel, United States Air Force, Retired, and Registered Field Representative, City of Venice, National World War II Memorial Campaign, join him before the Commission. Mr. Olsen stated that the Memorial is a long overdue tribute to individual Americans who helped win the largest war of all time; that the Memorial will honor 16 million men and women who served in the United States Armed Forces or worked in industries supporting the American war effort from 1941 to 1945; that the Memorial will be located on the National Mall in Washington, D.C., between the Washington Monument and the Lincoln Memorial; that the Memorial will be constructed entirely using private funding sources; that the total cost of the Memorial is $100 million; that $85 million has been raised to date; that the majority of national fundraisers are volunteers; and requested BOOK 47 Page 19626 06/05/00 6:00 P.M. BOOK 47 Page 19627 06/05/00 6:00 P.M. Dr. Helen Fagin, Member, National World War II Memorial Design Group (Design Group), join him before the Commission. Dr. Fagin referred to a display board of the proposed location and design of the Memorial and stated that the Memorial is long overdue; that many previously considered such a Memorial but took no action on the matter; that Robert Durbin, a World War II Veteran from Ohio, generated the concept of the current project and was supported by Marcy Kaptur, United States Representative (D-Ohio), who brought the matter before the United States Congress; that the United States Congress passed a law in May 1993 authorizing the construction of the Memorial; that the proposed site for the Memorial is 7.5 acres surrounding the Rainbow Pool adjacent to the Reflecting Pool on the East portion of the National Mall; that the site is the most prestigious location for the Memorial; that William Clinton, United States President, appointed the Memorial Advisory Board (MAB) in 1993; that the American Battle Monuments Commission (ABMC) organized the National World War II Memorial Site and Design Committee, on which she personally serves as a member; that the Committee received 403 potential designs for the Memorial; that Friedrich St. Florian, Professor, Rhode Island School of Design and Architecture (RISDA) - submitted the winning entryi that the Committee began working on the Memorial in 1995; that the Memorial design has undergone several changes since 1995 in response to the requirements of three agencies which regulate the construction of any monument on the National Mall; that only hearings in June and August 2000 remain to certify the final design; that the groundbreaking ceremony for the Memorial is scheduled for Veterans' Day, November 11, 2000; that $15 million is required to ensure the completion of the project; that many prestigious donors contributed to funding the Memorial; that Wal- Mart donated $14.5 million to the funding of the Memorial; that the Memorial commemorates the 400,800 lives sacrificed by American men and women during World War II; that the United States fought the War for freedom, democracy and liberty for all people; that 400,800 Gold Stars will be placed at the Memorial to commemorate the lives of each fallen man or woman; that another part of the Memorial will commemorate the dedication and sacrifice of Americans who served the War effort in other capacities; that the fundraising efforts of the City of Sarasota for the Memorial are appreciated. Mayor Pillot stated that assisting the Memorial fundraising effort is a privilege; that the community is encouraged to continue to assist the fundraising efforts and requested that Cadet Captain Alex Longyear join him before the Commission. Mr. Burlingame stated that Jason Burlingame authored a poem entitled "Memorial" which commemorates the men and women who served and who supported the World War II effort. Cadet Captain Longyear read the poem entitled "Memorial" as follows: A World War II Veteran stands alone, with tears blocking his sight. His knees become weak, and he falls to them within a field of white. Not the white of grain or wheat, and not the white of doves, but the white of a hundred thousand lives buried under the cross. And even this number doesn't exceed, the lives that found their place on the sand. For the beaches and waters were red that day, with the blood of every good man. And everyone dreaded that fateful day, that they received the gold telegram. That always started with the saddening words, "We regret to inform you, ma'am." But through this we must not forget, our country's great intent. We did nothing short of save the World, with the half a million lives we spent. Many lives lost in Vietnam are remembered on a wall, yet nothing remembers the numerous lives, who breathed their last breath for us all. So next time you gaze upon the Flag, look past the red, white and blue, and into the eyes of the once proud soldiers, who gave their lives for you. Mayor Pillot stated that the presentations of Mr. Burlingame, Mr. Olsen, Dr. Fagin and Cadet Captain Longyear are appreciated. The Commission recessed at 6:45 p.m. into a Special meeting of the Community Redevelopment Agency (CRA) and reconvened at 6:52 p.m. 5. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (1442) through (1507) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add Consent Agenda No. 1, Item No. III A-13, Approval Re: Authorize the Mayor to sign a letter approving the distribution of funds for the Anti-Drug Abuse Act (Byrne Grant), per the request of Police Chief Jolly. BOOK 47 Page 19628 06/05/00 6:00 P.M. BOOK 47 Page 19629 06/05/00 6:00 P.M. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 6. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 15, 2000, AND OF THE SPECIAL JOINT MEETING OF THE CITY COMMISSION AND THE COMMUNITY REDEVELOPMENT AGENCY OF MARCH 22, 2000 - APPROVED (AGENDA ITEM I-1 AND -2) #1 (1507) through (1565) Mayor Pillot asked if the Commission had any changes to the minutes? Commissioner Quillin stated that the Special Joint Meeting of the City Commission and Community Redevelopment Agency of March 22, 2000, did not follow the normal procedure; that the meeting's deviation from the proper procedure is of concern; that clarification is required as to the roles of board members and elected legislative officials; that future joint sessions should proceed more carefully. Mayor Pillot stated that hearing no changes, the minutes of the May 15, 2000, Regular Commission. meeting and the March 22, 2000, Special Joint meeting. of the Commission and the Community Redevelopment Agency are approved by unanimous consent. 7. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MAY 3, 2000 - CONSENSUS TO SCHEDULE A WORKSHOP TO CONSIDER THE PROPOSED IMPERVIOUS SURFACE OVERLAY DISTRICT (ISOD) AND ADVERTISE TO ALLOW PUBLIC INPUT; DIRECTED STAFF TO WORK WITH THE LAUREL PARK NEIGHBORHOOD ASSOCIATION TO DEVELOP TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) ZONING REGULATIONS BASED ON THOSE DEVELOPED BY DPZ FOR THE CRA MASTER PLAN UPDATE: ACCEPTED REPORT (AGENDA ITEM II-1)- #1 (1565) through (2165) Robert Kantor, M.D., Chairman of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning and Development, came before the Commission. Dr. Kantor presented the following items from the May 3, 2000, Regular PBLP meeting: A. Application No. 00-ZTA-05 Re: Impervious Surfaces Overlay District (ISOD) Dr. Kantor stated that Zoning Text Amendment Application No. 00-ZTA-05 is a proposed amendment to the Zoning Code (1998) to establish an Impervious Surfaces Overlay District (ISOD) in areas of the City located on the barrier islands; that the proposed ISOD includes regulations regarding on-site detention/ retention/ attenuation for impervious surfaces in excess of 4,000 square feet associated with new or expanded single-family and duplex dwellings located on the barrier islands such as Bird Key, Lido Key, St. Armands Key, and Siesta Key; that the proposed provisions also address fill and excavations associated with new or expanded single-family and duplex dwellings within the proposed ISOD; that at its May 3, 2000, Regular Meeting, the PBLP held a public hearing and voted unanimously to find Application No. 00-ZTA-05 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and satisfies the Standards for Review set forth in Section IV-1206, Zoning Code (1998), and to recommend Commission approval. City Manager Sollenberger stated that the Administration recommends the Commission direct the preparation of an ordinance and scheduling of two public hearings to establish the ISOD and incorporate appropriate changes in the Zoning Code (1998) in accordance with the recommendation of the PBLP. Commissioner Cardamone referred to the Agenda backup material including numerous neighborhood objections and stated that an uncertainty exists in addressing a proposed ordinance with as many negative comments. Commissioner Quillin stated that at the February 7, 2000, Commission Workshop concerning impervious surfaces, the Commission discussed incorporating the ISOD in the Official Zoning Maps; that language to sO provide was not found in the recommendation; that the stormwater basin is the coastal basin; that the ISOD should be tied to the coastal basin; that the final wording concerning the ISOD is not pleasing; that the Commission could consider the ISOD further in another workshop with the PBLP. Mayor Pillot requested legal comment. City Attorney Taylor stated that impervious surface regulations is not intended as a substitute for mega-house regulations, the consideration of which is the source of some controversy; that much being sought by concerned citizens may be more related to mega houses than impervious surfaces; that the proposed ISOD pertains to the barrier islands; that advertising the proposed ordinance for public hearing would be a waste of time and money if the Commission believes additional work is required; that discussing the proposed ISOD may be preferable. BOOK 47 Page 19630 06/05/00 6:00 P.M. BOOK 47 Page 19631 06/05/00 6:00 P.M. Commissioner Cardamone stated that a concern is apparently that an entire lot could be covered by concrete if on-site stormwater retention is provided; and requested clarification. Ms. Robinson stated that a maximum lot coverage provision applies; that 100 percent lot coverage would not be permitted. Commissioner Cardamone asked for clarification of the concern regarding additional lot coverage if on-site stormwater retention is allowed. Ms. Robinson stated that the Commission may wish to schedule a presentation concerning the proposed ISOD. City Manager Sollenberger stated that the Administration withdraws the previous recommendation based upon the Commission's discussion; that scheduling a workshop with the PBLP is the appropriate course of action and would serve the Commission's purposes best. Commissioner Cardamone stated that a workshop precludes the public from speaking concerning the proposed ordinance; that the expense of advertising for a public hearing should not be incurred until the concerns are addressed; that the PBLP concurs with the proposed ISOD; that public comment concerning the proposed ordinance should be scheduled to allow the Commission to hear the public's concerns. Commissioner Quillin stated that a workshop can be scheduled and advertised to allow public input. City Attorney Taylor stated that is correct. Mayor Pillot stated that the consensus of the Commission is to schedule a workshop to consider the proposed ISOD and advertised to receive public input. City Auditor and Clerk Robinson stated that a workshop will be scheduled to consider the proposed ISOD and advertised to allow public input. B. Amendment to the contract with Duany Plater-Zyberk & Company (DPZ) to include the Laurel Park Neighborhood Dr. Kantor stated that at its May 3, 2000, Regular meeting, the PBLP received a request under Citizens' Input to amend the contract with Duany Plater-Zyberk & Company (DPZ) to update the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) to include the Laurel Park Neighborhood and voted 4 to 0 with one abstention to recommend Commission approval of an amendment to the contract with DPZ to include the Laurel Park Neighborhood; that the one abstention was based a view that additional information was necessary prior to making a decision. Commissioner Quillin stated that the last neighborhood meeting of the Laurel Park Neighborhood Association (LPNA) was attended; that Laurel Park has two neighborhood groups; that the update of the CRA Master Plan is being financed by Tax Increment Financing (TIF) District funds which can only be spent in the TIF District; that a personal suggestion was for DPZ to review and determine if the Gillespie Park and Park East neighborhoods are eligible to become part of the TIF District; that TIF District funds cannot be spent out of the TIF District by State Statute; that TIF District taxes are paid by property owners in the TIF District; that the County portion is also allocated for expenditure in the TIF District; that personal discussions to explain TIF have been held with the interested parties. Dr. Kantor stated that a personal explanation was also offered the interested parties. Commissioner Quillin stated that the update of the CRA Master Plan is not an update of neighborhood plans but rather an update of a plan in a specific area which is a special taxing district. Commissioner Hogle agreed and stated that the same conversations have been personally held with some of the same interested parties in the same neighborhood. Dr. Kantor stated that the reasons offered were the reasons for personal voting abstention at the PBLP, which was the first abstention as Chairman; that PBLP's action is being brought forward as PBLP Chairman. City Manager Sollenberger stated that the Administration cannot support the PBLP's recommendation due the cost and the potential for delaying the CRA Master Plan update and recommends directing Staff to work with residents and property owners in Laurel Park to identify issues and seek solutions. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to direct Staff to work with residents and property owners in Laurel Park to identify issues and seek solutions. Commissioner Cardamone stated that due to an out-of-town trip, speaking with the neighbors was not possible; that the initial intent to update the CRA Master Plan should be follow; that the CRA Master Plan update was approached with specific reasons and specific funds; that everything learned from the DPZ recommendations can be applied to other City neighborhoods with careful City management. BOOK 47 Page 19632 06/05/00 6:00 P.M. BOOK 47 Page 19633 06/05/00 6:00 P.M. Commissioner Quillin stated that Staff is working with the Laurel Park neighborhood; that Laurel Park is an overlay district; that an update of the overlay district is being developed; that a motion to have Staff continue current work may not be necessary; that the motion will not be supported as many City neighborhoods which were not designated as walk-to-town neighborhoods apparently feel left out and ignored by DPZ; that DPZ representatives were personally escorted around District 3; that the direction to Staff should be to implement the recommendations of DPZ in all the walk-to-town neighborhoods; that many ideas learned from DPZ can work on Dr. Martin Luther King, Jr., Way (MLK Way) and in other neighborhoods; that Staff is currently working with the Laurel Park neighborhood. Mayor Pillot restated the motion in accordance with the Agenda Request to direct Staff to work with the Laurel Park Neighborhood Association to develop Traditional Neighborhood Development (TND) zoning regulations based on those developed by DPZ for the CRA Master Plan update. Motion carried (4 to 1): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, no; Pillot, yes. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to accept the report of the PBLP's Regular Meeting of May 3, 2000. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 8. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE'S SPECIAL MEETINGS OF MAY 16 AND 19, 2000 RECEIVED REPORTS; APPROVED THE LOCATIONS OF THE NEW PIECES OF PUBLIC ART ENTITLED "GARDEN SCULPTURE 3," "OMPHALUS, I "1 INTERLOCKING LOVE, I " SAMURAI, n "EXOTIC 10," AND "MR. RED" (AGENDA ITEM II-2) #1 (2165) through (2564) Katherine O'Connell, Chairman, Public Art Committee, and Jane Robinson, Director of Planning and Development, came before the Commission. Ms. O'Connell stated that at the April 3, 2000, Regular Commission meeting, the Commission approved the acquisition of five new pieces of public art; that the sixth piece was approved in January 2000; that the anticipation was the six pieces would be placed in Five Points Park on an interim basis until Duany Plater-Zyberk & Company (DPZ) recommended permanent locations as part of the update of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan); that the DPZ recommendations have been received and combined with the Committee's recommendations for final placement with the caveat the pieces can be moved; that the recommendations have DPZ approval; that the City has the right to move the pieces at any time in the event Downtown build-out provides more appropriate space; that the pieces can be moved if the lines of sight are altered by build-out; that four pieces will be located in Five Points Park and two will be located on lower Main Street. Commissioner Quillin stated that the recommendations are fine; however, the art belongs to the citizens of the City; and asked if the public will be able to make recommendations concerning the placement of the art pieces? Ms. O'Connell stated that all six pieces are located within walking distance of Five Points Park; that one piece is in sight of the Park; that one is only a block awayi that placing all pieces within the Park would crowd and prevent individual pieces from standing out; that the Committee recommends the six works of art be placed as follows: "Garden Sculpture 3" by Doris Leeper will be located in the triangular planting area at the southeastern corner of Five Points Park Omphalus" by Richard Beckman will be located in the grassy area near the northeast corner of Five Points Park - Interlocking Love" by Robert Fetty will be located on the first step between the paved area and the grassy area in Five Points Park approximately midway along Pineapple Avenue "Samurai" by Bruce White will be located symmetrically with the brick paver pattern near the west end of Five Points Park - "Exotic 10" by David Peirick will be located in the planting area near the northeast corner of Palm Avenue and Main Street "Mr. Red" by David Langley will be located in a planting area at the southwest corner of Mira Mar Court and Main Street Commissioner Quillin asked if the City will respond to public input regarding the placement of each piece? Ms. O'Connell stated that responding to public input is at the Commission's discretion; that a party is scheduled for the opening of the art work display. Commissioner Quillin stated that the recollection of the Commission's discussion is DPZ would attend a public showing of BOOK 47 Page 19634 06/05/00 6:00 P.M. BOOK 47 Page 19635 06/05/00 6:00 P.M. the art work on display at Five Points Park to designate appropriate locations for the art? Commissioner Cardamone stated that the discussion is not recalled. Vice Mayor Hogle agreed with Commissioner Cardamone. Ms. O'Connell stated that the plan was for the City to determine a temporary placement of the pieces until DPZ recommendations were developed; that DPZ has already viewed the areas and made recommendations for the art work locations; that the Committee has voted and approved the areas due to the cohesive and accessible nature of each location. Mayor Pillot asked if the City has written permission from each artist to relocate the pieces if necessary? Ms. O'Connell stated that all artists consented before the City purchased the pieces. Mayor Pillot asked if the expense of moving and danger to each piece during transport will be a problem? Ms. O'Connell stated that each artist has provided specific instructions regarding transporting each piece; that all pieces will be moved on the same day providing education concerning future transport procedures for Staff including maintenance Staff; concerning transport procedures; that the original budget for each piece allows for transport twice; that the recommended sites are excellent. City Manager Sollenberger stated that the Administration recommends supporting the locations determined by the Public Art Committee with input from DPZ. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve the locations recommended by the Public Art Committee with input from DPZ. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Mason, yes; Quillin, yes; Pillot, yes. Commissioner Cardamone asked the date of the opening for placement of the art pieces. Ms. O'Connell stated that a public party at 5 p.m. on June 16, 2000, is planned; that the time is optimal due to the heightened activity on the roads and at the Selby Public Library; that the public most using the area will be able to participate in the festivities. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to receive the report of the May 16 and 19, 2000, Special meetings of the Public Art Committee. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yesi Quillin, yes; Pillot, yes. 9. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13 - APPROVED; ITEM NO. 1 - APPROVED WITH A CHANGE TO THE LANGUAGE IN PROPOSED ORDINANCE NO. 00-4233 TO INDICATE THE MAXIMUM INTEREST RATE ALLOWED BY LAW (AGENDA ITEM III-A) #2 (2564) through (2932) Commissioner Quillin requested that Item No. 1 be removed for discussion. Mayor Pillot requested that Item No. 4 be removed for discussion. 2. Approval Re: Authorize the Administration to advertise the FY 2000-2005 Consolidated Plan for 30-day public comment and authorize the advertisement of the FY 2000- 2001 CDBG and Home Projects 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota County for the distribution of Local Option Gas Tax Revenues for the period beginning September 1, 2000, through August 31, 2001 5. 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 Rebecca McAden Hudson for potable water and sanitary sewer services for a site located at 1515 Crocker Street 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Quitclaim Deed between the City of Sarasota and Sarasota Bay Club for the existing utility easements and indemnity agreement for the encroachment into the sanitary sewer easement 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between Sarasota County and the City of Sarasota on behalf of Sarasota Bay National Estuary Program in the amount of $50,000 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between Manatee County and the City of Sarasota on behalf of Sarasota Bay National Estuary Program in the amount of $50,000 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement between the City of BOOK 47 Page 19636 06/05/00 6:00 P.M. BOOK 47 Page 19637 06/05/00 6:00 P.M. Sarasota and Nutri-Source, Inc., Orlando, Florida, (Bid No. 00-23H) for the sale of compost 10. Approval Re: Award of Contract and authorize the Mayor and City Auditor and Clerk to execute the Contract between the City of Sarasota and Kuxhausen Construction, Inc. Sarasota, Florida, (Bid No. 00- 31H) for the construction of the Waste Water Collection Project 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Amendment to Agreement between the City of Sarasota and Boyle Engineering Corporation (RFP No. 96-3) for Engineering Services, contingent upon the adoption of Resolution No. OOR-1277 12. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Contract between the City of Sarasota and Duncan Seawall & Boat Lift, Inc., (Bid No. 00-36H) for the site improvements to Island Park 13. Approval Re: Authorize the Mayor to sign a letter approving the distribution of funds for the Anti-Drug Abuse Act On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13. Motion carried unanimously (5 to 0) : Cardamone, yes; - Hogle, yes; Mason, yesi Quillin, yes; Pillot, yes. 1. Approval Re: Set for public hearing proposed Ordinance No. 00-4233, amending Chapter 2, Sarasota City Code, relating to Nuisance Abatement; increasing the maximum amount of civil fines which may be imposed; etc. Commissioner Quillin stated that the interest rate indicated in the proposed Ordinance No. 00-4233 is 12 percent but should be the maximum amount allowable by law. City Manager Sollenberger stated that proposed Ordinance No. 00-4233 will be revised prior to the public hearing. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item No. 1, with a change in the interest rate in proposed Ordinance No. 00-4233 to the maximum allowable by law. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 4. Approval Re: * Authorize the Administration to pay $6,000 to retirees concerning the issue of health insurance premiums for retiree dependents who are Medicare eligible Mayor Pillot stated that Consent Agenda No. 1, Item No. 4, authorizes the Administration to pay $6,000 for retirees as a refund of health insurance premiums paid in excess after the spouse had reached Medicare age; that the refund is for excess payments for up to nine months; that the retiree which came before the Commission paid in excess for a period over nine months; and asked for clarification. City Manager Sollenberger stated that some retirees made excess payments for a period of up to 33 months. Mayor Pillot stated that the retires had ample opportunity to notify Staff at the time a spouse reaches Medicare age; that the retirees requiring refunds failed to notify Staff; that the premiums have been paid and received; that Staff should not be held responsible for remembering birth dates of spouses; however, the entire amount paid in excess should be refunded. City Manager Sollenberger stated that five retirees have been affected by the over-payments for a total cost of $6,000; that all retirees will be compensated and treated equally; that Staff is taking more proactive steps to notify retirees through various processes to assure the City is notified on a timely basis of age changes. Mayor Pillot referred to a memorandum dated May 24, 2000, to the Commission, written by William Campbell, Director of Human Resources, indicating the City established a policy to refund premiums paid by retirees for up to nine months for overpayment of dependent medical insurance premiums; and stated that the policy is consistent for all retirees; that approximately five retirees are affected at a total cost of $6,000; that the inference was the City would only refund for up to nine months. City Manager Sollenberger stated that the recommendation is to compensate everyone for the total of the premiums overpaid; that Staff will take greater steps to notify retirees of age requirement so the problem does not reoccur. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item No. 4. Commissioner Cardamone stated that all retirees should be notified upon retiring the City will not refund premiums to individuals who do not declare birth dates of spouses so the payment for medical insurance continues; that notices are sent out at the time of retirement; that the individual retiree's BOOK 47 Page 19638 06/05/00 6:00 P.M. BOOK 47 Page 19639 06/05/00 6:00 P.M. responsibility should be clearly stated; that the City should not refund the overpayment again. Vice Mayor Hogle stated that the Department of Human Resources has indicated retirees' signatures will be on file agreeing to the terms. Mayor Pillot asked if a computer database can notify Staff at such time as the spouse of a retiree reaches Medicare age? City Manager Sollenberger stated that a database containing the names and birth dates of retirees' spouses has already been generated. Commissioner Cardamone stated that the City could be admitting to responsibility due to the information in the database. Mayor Pillot stated that the database only represents the City's willingness to help solve the problem. Mayor Pillot called for a vote on the motion to approved Consent Agenda No. 1, Item No. 4. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1275) = ADOPTED; ITEM 2 (RESOLUTION NO. O0R-1277) = ADOPTED; ITEM 3 (RESOLUTION NO. O0R-1280) - ADOPTED AND ADMINISTRATION WILL SUBMIT CRITERIA AT THE JUNE 19, 2000, REGULAR COMMISSION MEETING; ITEM 4 (ORDINANCE NO. 00-4225) = ADOPTED; ITEM 5 (ORDINANCE NO. 00-4231) - ADOPTED (AGENDA ITEM III-B) #1 (2932) through 2 (0234) Commissioner Cardamone requested that Item No. 3 be removed for discussion. 1. Adoption Re: Proposed Resolution No. O0R-1275, appropriating $356,000 from the unappropriated fund balance of the General Fund to partially fund the complete renovation of the Commission Chambers including seating, audio, video, handicap access, etc. 2. Adoption Re: Proposed Resolution No. O0R-1277, appropriating $524,580 from the unappropriated fund balance of the Water and Sewer General Reserve Fund to fund the engineering costs for design, permitting and construction management for improvements to the Water Supply and Reverse Osmosis Treatment Systems at the City's Water Treatment Facility, etc. 4. Adoption Re: Proposed Ordinance No. 00-4225, providing for the designation of the structure and detached garage located at 1920 Adams Lane, historically known as the Perry/Little House, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota (Title Only) (Applicant John and Toni Dehn) 5. Adoption Re: Proposed Ordinance No. 00-4231, to rezone t 1.1 acres from the Multiple-Family Residential-4 (RMF-4) Zone District and the North Trail (NT) Zone District to the Commercial, General (CG) Zone District to allow an office building generally located east of North Tamiami Trail (US 41), bounded by 12th Street on the south and 13th Street on the north, a/k/a 1226 North Tamiami Trail, as more particularly described herein; approving Site Plan Application No. 99-SP-V which has been proffered as a condition of this rezoning; providing for conditions of this rezoning (Title Only) (Applicant Donald M. Lawson, AIA, Lawson Group Architects) City Auditor and Clerk Robinson read proposed Ordinance Nos. 00-4225 and 00-4231 by title only and proposed Resolution Nos. O0R-1275 and O0R-1277 in their entirety. On motion of Commissioner Mason and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 4 and 5. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll call vote. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes. 3. Adoption Re: Proposed Resolution No. O0R-1280, authorizing First Union National Bank to issue credit cards for use by Commissioners when traveling on City business Commissioner Cardamone stated that proposed Resolution No. O0R-1280 authorizes First Union National Bank to issue credit cards for use by Commissioners when traveling on City business; that little criteria has been established for the use of the credit cards; that criteria should be established for use of a City credit card including card purpose and allowable usage; that criteria should dictate parameters of using the card for private telephone calls from hotel rooms; that a bill should be sent to the Commissioner for reimbursement; that in years past, a major indiscretion regarding the use of credit cards took place, resulting in the absence of provided credit cards to Commissioners today; that good business sense dictates establishing parameters for credit card use. BOOK 47 Page 19640 06/05/00 6:00 P.M. BOOK 47 Page 19641 06/05/00 6:00 P.M. Commissioner Quillin stated that the issue of credit cards was brought up after problems verifying the government sales tax exemption was experienced; that the State Statutes require payment in the form of a government agency check or credit card holding exempt status; that members of the pension boards have credit cards specifically for traveling which are turned in upon return; that personal credit cards can be charged tax; that a recent trip to the Florida Trails and Greenways Conference sponsored by the Rails-to-Trails Conservancy Florida Field Office in partnership with the Office of Greenways and Trails in Pinellas County and the National Park Service resulted in problems with personal checks; that only a credit card was permitted for use at checkout for bill finalization at the hotel during the conference. Vice Mayor Hogle stated that as a police officer, credit cards were available for City purposes; that criteria and rules for card use were maintained; that credit cards are used by the pension boards; that the usage should be appropriate for the official purpose; that creating guidelines or criteria should be fairly simple. Commissioner Mason stated that the Administration would not give a recommendation without parameters; that the creation of guidelines for use is supported. Commissioner Quillin referred to the title of proposed Resolution No. O0R-1280 as follows: authorizing First Union National Bank to issue credit cards for use by City Commissioners when traveling on City business. Commissioner Quillin stated that the card will be returned unless traveling on City business as the card may be lost. Commissioner Cardamone stated that the issuance of credit cards should be returned to the Administration for development of clear criteria or guidelines regarding the use of credit cards to avoid the problems of the past. Mayor Pillot asked if the Commission should take action on Consent Agenda No. 2, Item No. 3? City Manager Sollenberger stated that the Administration recommends the Commission approve proposed Resolution No. OOR-1280 to activate acquiring the cards; that the criteria and guidelines applying to card usage will be brought before the Commission at the June 19, 2000, Commission meeting. Mayor Pillot asked if the credit cards will have individual Commissioner names on each? Gibson Mitchell, Director of Finance, came before the Commission and stated that each Commissioner will be issued a City of Sarasota credit card; that the card will be destroyed to prevent misuse if a Commissioner chooses not to accept the credit card; that authorization from the entire Commission is required to acquire the credit cards as future Commissioners may also require credit cards; that the credit card will be in the name of the Commissioner and will clearly state "City of Sarasota" to avoid governmental tax exemption problems; that the credit card will be in the Commissioner's possession until the termination of the Commissioner's service. Mayor Pillot asked if less than five credit cards can be issued if less than five Commissioners require a credit card? Mr. Mitchell stated that the five Commissioners have been named for the bank credit cards; that destroying excess cards is not difficult; that the City will ask for less than five cards to ease procedural complications if the bank agrees. Mayor Pillot stated that Staff's good judgment is trusted; that a City of Sarasota credit card will not be used even if provided. Commissioner Cardamone stated that the credit cards should not float around City Hall; that the criteria developed should define the time of departing and returning after travel; that a bill should be issued for personal charges not part of per diem expenses; that members of the Police Department had criteria to follow; that the cards will add to convenience; that credit card use should begin with strict guidelines to avoid abuses. Mr. Mitchell stated that guidelines will be developed gladly; that appropriate uses of credit cards will be clearly stated; that inappropriate charges will be addressed with individual Commissioners if necessary. Commissioner Quillin stated that credit cards are intended to alleviate problems experienced during travel and bookings; that criteria already exists for travel expenses such as travel receipts; that upon return, the credit card can be placed in the City safe; that the credit card is intended for City travel purposes only. Commissioner Cardamone stated that establishing criteria is to prevent abuse which is not necessarily a current problem; that Staff has indicated past problems with Commission credit cards. Mr. Michell stated that any problems in the past were properly addressed and resolved through deductions from paychecks. Commissioner Quillin left the Chambers at 6:41 p.m. BOOK 47 Page 19642 06/05/00 6:00 P.M. BOOK 47 Page 19643 06/05/00 6:00 P.M. City Auditor and Clerk Robinson read proposed Resolution No. OOR- 1280 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to adopt Consent Agenda No. 2, Item No. 3, with the caveat of developing criteria concerning credit card use. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Pillot, yes; Cardamone, yes. Commissioner Quillin returned to the Chambers at 6:45. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Atfected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross- examination. 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 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. 11. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4234, TO REZONE t 2.6 ACRES FROM THE SINGLE - FAMILY RESIDENTIAL-3 AND MULTIPLE- - FAMILY RESIDENTIAL-2 ZONE DISTRICTS TO THE OFFICE, PROFESSIONAL BUSINESS (OPB) ZONE DISTRICT TO ALLOW AN OFFICE BUILDING GENERALLY LOCATED ON THE NORTH SIDE OF FRUITVILLE ROAD, EAST OF LOCKWOOD RIDGE ROAD, A/K/A 3277 FRUITVILLE ROAD; ETC. (TITLE ONLY) (APPLICATION NOS. 00-RE-10 AND 00-SP-14, APPLICANT JOEL J. FREEDMAN, AICP AS AGENT FOR LARRY E. SEWELL, AS CO- TRUSTEE) = PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #2 (0234) through (1966) City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4234 is to rezone t 2.6 acres from the Single-Family Residential-3 (RSF-3) and Multiple-Family Residential-2 (RMF-2) Zone Districts to the Office, Professional Business (OPB) Zone District to allow construction of an office building at property located on the north side of Fruitville Road, east of Lockwood Ridge Road with an address of 3277 Fruitville Road; that the applicant is Joel Freedman, AICP, as agent for Larry Sewell, CO- trustee. City Attorney Taylor stated that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 7 minutes for presentation and 5 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 7 minutes to speak and 5 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject propertyi that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that the following persons have applied for and complied with the rules for obtaining Affected Person status: Virginia Hassler and John Trimpe. Mayor Pillot stated that the consensus of the Commission is to approve the recommended time limits and certify the Affected Persons and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Vice President, Bishop and Associates, came before the Commission and stated that Larry Sewell and Jim Rutledge are represented as co-trustees of a partnership which owns the subject property; that the property is approximately 2.6 acres at 3277 Fruitville Road, 500 feet east of Lockwood Ridge Road on the north side of Fruitville Road; that the frontage of the property is currently in the RMF-2 Zone District; that the back portion is in the RSF-3 Zone District; that the history of the parcel relates to an amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, designating the property as in the OPB Zone District; that a paper street called Serena Street along the back of the property was previously vacated by the Commission; that proposed Ordinance No. 00-4234 is to rezone the property to the OPB Zone District; that to the east is a house of worship with a daycare center, to the west is an 82-unit adult living facility (ALF) and to the BOOK 47 Page 19644 06/05/00 6:00 P.M. BOOK 47 Page 19645 06/05/00 6:00 P.M. north is a residential neighborhood; that the proposal is to construct a two-story office building of approximately 31,200 square feet; that Site Plan Application No. 00-SP-14 has been proffered to ensure compatibility with the City's Comprehensive Plan and the neighborhood in general; and referred to drawings displayed on the overhead projector indicating the street layout of the area. Mr. Freedman continued that the property has a single access point on Fruitville Road along the eastern portion of the site; that parking wraps around the proposed building; that a 20-foot-wide utility easement will be widened to a 50-foot landscaped buffer including the 20-foot utility easement as described in the City's Comprehensive Plan to serve partially for stormwater retention; that the proposal is straight forward; that parking space credits have been issued as a result of trees saved; that the owners of the property are committed to the 50-foot setback and buffer even though the Impact Management Area (IMA) guidelines required at the time of planning the project may not apply today; that the maximum height of the building is only 35 feet to satisfy compatibility with the residential areas around the property; that several pine trees have been removed; however, 104 trees will be planted resulting in a heavily landscaped site; that buffers around the property will be significant producing a low-scale, well- landscaped project; that Staff's report is complete; that no negative aspects were found; that a concern regarding traffic is not a result of the office proposal but is due to existing problems at the intersection of Beneva and Fruitville Roads; that a stipulation of proposed Ordinance No. 00-4234 provides funds will be furnished towards improvements to the intersection of Beneva and Fruitville roads up to a maximum of $10,000; that the funds will be placed in an escrow account. Commissioner Mason left the Chambers at 7:53 p.m. Mayor Pillot requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the Applicant accurately related the issues identified in the Staff report; that the project provides a transition between Fruitville Road and the residential neighborhood to the north; that the Applicant voluntarily incorporated the condition of a 50-foot buffer along the northern property line providing a separation between the different land uses; that proposed Ordinance No. 00- 4234 includes a fair-share participation in adding a trafiic signal; that traffic is the outstanding neighborhood concern; that initially tree conservation was an issue but has since been resolved with the Department of Building, Zoning and Code Enforcement; that the overall traffic in the area is a concern to the Oakwood Manor Homeowners Association; that at the May 3, 2000, Planning Board/Local Planning Agency (PBLP) Regular meeting, the Oakwood Manor Homeowners Association shared history pertaining to efforts in obtaining a traffic signal for the ingress and egress of Oakwood Manor; that traffic information provided does not satisfy the threshold necessary for the placement of a traffic signal by the Florida Department of Transportation (FDOT) ; however, developing the proposed office building may trigger the threshold; that the Oakwood Manor Homeowners Association has withdrawn any. objections to the traffic impedance the proposed office building may cause; that Staff has provided suggestions to the Oakwood Manor Homeowners Association on the traffic issue including contact telephone numbers for FDOT; that FDOT owns property used for stormwater retention near Oakwood Manor which may provide solutions to the traffic problem or affect the decision for a traffic signal in the future. Mayor Pillot requested that Affected Persons come forward and the following Affected Persons came before the Commission: Virginia Hassler, 3332 Shingle Oak Terrace (34237), President, Oakwood Manor Homeowners Association, stated that Oakwood Manor is a resident-owned cooperative entity of 647 mobile home units covering over 90 acres located at 3330 Fruitville Road with an asset value of over $15 million; that every homeowner owns at least one car and some homeowners own two; that Oakwood Manor is a community designated for residents age 55 and over; that at various times during the year and at different times during the day entering or exiting the community is impossible; that the community has only one exit; that safety is an issue; that for 15 or more years, the community has endeavored to obtain traffic assistance for preventing serious injuries or fatalities; that numerous accidents have taken place at the entrance on Fruitville Road: due to the prevention of turning left to either enter or exit the community; that the proposed office building within 500 feet of the community's entrance will only add to the traffic problem on Fruitville Road; that a signed petition was previously submitted to the Commission imploring assistance on the behalf of residents; that lives depend on the Commission's decision to prevent the construction of the proposed office building which will further add to the traffic problem. John Trimpe, 5020 Indian Mound Street (34232), representing the Oakwood Manor Homeowners Association, stated that the Oakwood Manor Homeowners Association approached the PBLP as a concerned group of residents who live and work in a dangerous area; that the traffic problem is not evident unless an individual is present to observe the problems on a continual basis; that numerous vehicular accidents have taken place at the McDonald's and Burger King entrances on Fruitville Road; that several vehicular accidents have taken place at the First Church of the Nazarene across Fruitville Road from Oakwood Manor; that the BOOK 47 Page 19646 06/05/00 6:00 P.M. BOOK 47 Page 19647 06/05/00 6:00 P.M. vehicular accidents are minor compared to events which may occur in the future; that Section 339.155, Florida Statutes, pertains to transportation planning; that the residents in the area desire a traffic signal; that the safety of the residents, Church members across the street and the school buses using the area is a major concern; that City Staff examining traffic flow during the peak season made calculations based on overall information gathered; that chaotic traffic situations ensue if all Oakwood Manor residents are present, school is in session, McDonald's and Burger King are busy, and Church is offering various functions; that the dangerous area is a time-bomb waiting to explode; that any solutions offered to resolve the situation will be received openly; that the community is willing to contribute to the funding for the installation of a traffic signal at the entrance; that the Oakwood Manor Homeowners Association is not against the construction of new buildings but is against an increase in traffic in the area; that the proposed building will increase traffic in the area; that ignoring the problems in the area will have tragic results. Commissioner Mason returned to the Chambers at 8:04 p.m. Mr. Trimpe continued that a recent high school graduation ceremony created a chaotic traffic situation; that activities at the Sarasota County Fairgrounds create terrible traffic situations; that Oakwood Manor has one entrance resulting in a landlocked parcel; that Oakwood Manor was created and accepted by the City at the time Fruitville Road consisted of two lanes; that a drainage area surrounds Oakwood Manor measuring approximately 35 feet in width and 25 feet in depth; that the average age of residents is 73.5 years of age; that assisting the elderly out of Oakwood Manor is necessary in times of emergency; that City Staff has provided suggestions towards creating an additional entrance; that the community has dealt with the traffic problem over the last 15 years and feels left out of City consideration; that the City has failed to listen to the residents of Oakwood Manor; that the residents have resorted to crying on the shoulders of the Commission to prevent the possible future mourning of lost loved ones; that the City could lose a life due to the terrible traffic situations and only then listen to the residents; that residents will work with the City, County or State to accomplish necessary goals to improve the area; that the Commission is beseeched to listen to arguments concerning the issue; that the residents' position should be considered before making a decision concerning proposed Ordinance No. 00-4234. Vice Mayor Hogle asked if an attempt has been made to purchase the right-of-way across from Oakwood Manor next to the storage buildings to create an additional entrance onto Beneva Road? Mr. Trimpe stated that the residents have made requests of everyone from the Governor's Office to the Commission; that no response has been received; that creating another entrance to the neighborhood is difficult due to the drainage area around Oakwood Manor. Mayor Pillot asked if City Police will respond quickly in the event of an emergency? Vice Mayor Hogle stated yes, absolutely. Mayor Pillot asked for clarification by City Staff of the traffic issue. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that several years ago the City worked with prior officers of the Oakwood Manor Homeowners Association to develop an additional entrance to the neighborhood with a connection to Lockwood Road; that residents at that time were not interested in the additional access; that the topic of an alternative entrance may be pursued and discussed with the new officers of the Oakwood Manor Homeowners Association. Mayor Pillot asked for clarification of the City's commitment to work with the residents of Oakwood Manor to develop additional entrances or exits from the neighborhood. Mr. Daughters stated that an area is required to satisfy certain national standards determined by the Manual on Uniform Traffic Control Devices (MUTCD) for the placement of traffic signals; that certain warrants or justifications must be met relating to traffic volume on the through-road and the access road, accidents, speeds, pedestrians, etc., before a traffic signal is warranted; that Fruitville Road is a State highway; that approval from FDOT is required for changes; that the City is willing to work with FDOT, the County and the Sarasota County Fairgrounds to obtain the additional access to Lockwood Ridge Road for the residents of Oakwood Manor. Mayor Pillot stated that the Commission may unanimously approve a traffic signal for the area; however, the City has no authority to warrant a traffic signal; that the City can work with residents and local businesses through FDOT to bring about a traffic signal for the area; and asked if Staff plans to work with residents, business and FDOT to obtain a traffic signal for the area? City Manager Sollenberger stated that Staff is authorized to work on obtaining approval for a traffic signal in the area. Commissioner Cardamone stated that the Commission has worked diligently over the past seven years to provide the residents of Oakwood Manor additional access to Fruitville Road; that the Commission has strived for a solution but remains unsuccessful in establishing another entrance; that the additional vehicles brought to the area by the proposed office building may'enable the BOOK 47 Page 19648 06/05/00 6:00 P.M. BOOK 47 Page 19649 06/05/00 6:00 P.M. area to meet criteria for establishing a traffic signal; that the Commission has diligently worked to provide a safer area for the neighborhood. Commissioner Quillin stated that Staff has worked on access through the back of the neighborhood and should reexamine that possibility for Oakwood Manor; that providing a traffic signal on Fruitville Road and establishing an additional entrance to the neighborhood should be examined. Mayor Pillot stated that Staff has agreed to begin the process of obtaining a traffic signal for the area; that Staff will contact all parties necessary to facilitate a solution to the traffic problems in the neighborhood. Mayor Pillot requested that other interested persons come forward; and the following interested persons came before the Commission: Charles Poynter, 3231 Pink Oak Terrace (34237), Vice President, Oakwood Manor Homeowners Association, stated that the neighborhood has no intention of interfering with progress within the City; that most residents of Oakwood Manor are long-time City residents; that many letters to various local and State agencies have been written since 1995 to obtain a desperately required traffic signal at the Oakwood Manor entrance; that only negative responses have been received to all communications sent out; that using the turn-lanes on Fruitville Road rèquires intense care and attention to vehicles traveling in the opposite direction and turning into the Church property; that an additional building on the north side of Fruitville Road will only add to traffic in the turn-lane; that the traffic problem will be alleviated with a traffic signal at the entrance to Oakwood Manor; that a traffic signal such as the traffic signal at Fruitville Road and Mimosa Drive which is a yellow, flashing light activated to red and green during the rush hours of 3:30 p.m. to 6:00 p.m. will greatly improve the traffic situation at Oakwood Manor; that a new building completed and another in the planning stage further exacerbates the problematic traffic situation; that the Oakwood Manor residents offer a plan for solving the traffic problem and to prevent further injuries and potential deaths; that Oakwood Manor residents have sought help from the City Planning Department; that a representative from the City Planning Department visited Oakwood Manor on May 17, 2000, and recognized the neighborhood's need for help; however, solving the problem requires gaining the right-of-way for an access road through two other properties to reach the present traffic signal at Lockwood Ridge Road and Fruitville Road which is very costly; that the residents strongly recommend a flashing light on Fruitville Road which can be activated to a regular signal for the area before additional buildings are approved for construction. Barbara Rhodes, 416 Oakwood Boulevard West (34237), representing the Oakwood Manor Mobile Home Park, stated that the Commission should not grant the change in zoning until the traffic problem is solved; that adding additional traffic may satisfy State requirements for a traffic signal; however, the chance is slim; that additional office buildings are under construction in the area; that traffic backs up from Beneva Road to Lockwood Ridge Road during rush hour, eliminating the possibility for residents to exit or enter Oakwood Manor; that the school bus stop near the entrance to Oakwood Manor stops in the dark to pick up. children waiting in the street, which is scary; that the building plans are satisfactory; however, construction should wait until the traffic problem is solved; that the problem increases every year and is increasing during the summer due to the increased numbers of people in the City; that City residents should be considered before adding additional vehicles to the traffic problem. Mayor Pillot requested that the Applicant come forward for rebuttal. Mr. Freedman stated that the developers of the proposed building are sympathetic and will be affected by the traffic on Fruitville Road; that Fruitville Road is a State highway and driveway access permits will be obtained through FDOT; that FDOT, the City and area residents involved will be able to review the situation during the permitting process; that technically the traffic study report entitled "Proposed Office Complex Fruitville Road East of Lockwood Ridge Road Transportation Concurrency Review" (traffic study) by Dames and Moore found the proposed building plans concurrent, satisfying the regulations, rules and requirements of the City's Comprehensive Plan development regulations, sO impacts will not degrade the current level of service; that the developers will not ignore situations which may require solutions; that two potential solutions discussed are the potential traffic signal and additional access to the Oakwood Manor neighborhood; that FDOT may become more creative with access management and control as the area sees increased activity, as seen on Bee Ridge Road; that the developers are moving forward under the rules and regulations provided in order to design the building and site properly; that the Commission's approval is requested regarding proposed Ordinance No. 00-4234. Mayor Pillot requested that the City come forward for rebuttal. City Manager Sollenberger stated that the City has no rebuttal. Mayor Pillot requested that Affected Persons come forward for rebuttal. Mr. Trimpe stated that the concept of adding a traffic signal due to. additional traffic is not acceptable; that 500 vehicles per hour over a period of eight hours must travel on a roadway to BOOK 47 Page 19650 06/05/00 6:00 P.M. BOOK 47 Page 19651 06/05/00 6:00 P.M. satisfy the requirement for a traffic signal; that Oakwood Manor does not generate the traffic required by FDOT to warrant a traffic signal; that building a golf course will generate a traffic signal as golf carts have received special treatment in other areas; that a news report of a drastic crash on Fruitville Road is inevitable and dreaded; that the residents of Oakwood Manor will contribute to any solutions generated to alleviate the traffic problem; that the residents will not cease efforts to solve the problem. Mayor Pillot asked the schedule for meetings to resolve the traffic issue? Mr. Daughters stated that a meeting will be scheduled within the next two weeks. Mayor Pillot stated that Staff pledges to begin steps to develop a solution to expedite obtaining a traffic signal and greater access to the neighborhood. Commissioner Quillin stated that the developer has agreed to a maximum of $10,000 for intersection improvements; that the list of improvements of the Sarasota/Manatee Metropolitan Planning Organization (MPO) includes the intersection of Fruitville and Beneva Roads; that the neighborhood falls between Lockwood Ridge and Beneva Roads and does not allow for easy access from either side. of Fruitville Road; and asked if - the. $10,000 can help. mitigate a solution to improve the intersection of Fruitville and Beneva Roads? Mr. Daughters stated that the area determined by the traffic study as a problem area is the Fruitville and Beneva Roads intersection which is the reason for adding the stipulation for the $10,000 traffic improvements to proposed Ordinance No. 00-4234; that traffic signals are intended to stop traffic; that increasing the amount of traffic stopped on Fruitville Road lowers the level of service resulting in a problem area; that placing numer rous traffic signals on major arteries has a negative impact on the flow of traffic. Mayor Pillot requested Commissioner supplemental remarks, if any. Vice Mayor Hogle asked if mobile home units in the southeast corner of Oakwood Manor can be removed to create a new road from the back of the neighborhood through the vacant lot on the south side of the storage area with a bridge across the creek? City Attorney Taylor stated that the question does not directly pertain to potential problems caused by the development of the proposed office building. Commissioner Quillin stated that $10,000 for intersection improvements has been proffered by the developer; and asked if the funds can be used to improve another problem area close to the development? Mr. Freedman stated the. developer agrees to use the $10,000 in the most effective manner pertinent to the area. Mayor Pillot requested additional Commissioner supplemental remarks and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4234 by title only. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4234 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, yes; Pillot, yesi Quillin, yes; Cardamone, yes; Hogle, yes. The Commission recessed at 8:35 p.m. and reconvened at 8:45 p.m. 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4236, TO REZONE + 11.59 ACRES GENERALLY LOCATED EAST OF TUTTLE AVENUE, SOUTH OF 8TH STREET, NORTH OF ASPINWALL STREET AND WEST OF BRINK AVENUE FROM THE SINGLE - FAMILY RESIDENTIAL-2 (RSF-2) ZONE DISTRICT TO THE SINGLE-FAMILY RESIDENTIAL-4 4 (RSF-4) ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 00-RE-08, APPLICANT BRUCE E. FRANKLIN, LAND RESOURCE STRATEGIES, INC. AS AGENT FOR HABITAT FOR HUMANITY, SARASOTA, INC.) = PASSED ON FIRST READING WITH THE DELETION OF SECTION 4(B) (AGENDA ITEM IV-B-2) #2 (1966) through 3 (2838) City Auditor and Clerk Robinson stated that Rezoning Application No. 00-RE-08 as incorporated in proposed Ordinance No. 00-4236 is to rezone t 11.59 acres generally located east of Tuttle Avenue, south of Eighth Street, north of Aspinwall Street and west of Brink Avenue from the Single-Family Residential-2 (RSF-2) Zone District to the Single-Family Residential-4 (RSF-4) Zone District; that the Applicant is Bruce Franklin, Land Resource Strategies, Inc., agent for Habitat For Humanity, Sarasota, Inc. (HFHS). City Attorney Taylor stated that the recommendation is to allow 15 minutes for the Applicant's presentation and 10 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that speakers may request additional time which, if granted, will be determined at the discretion of the BOOK 47 Page 19652 06/05/00 6:00 P.M. BOOK 47 Page 19653 06/05/00 6:00 P.M. Commission; that no individuals have filed for certification as an Affected Person; that other interested persons will have 5 minutes to speak. Mayor Pillot stated that the consensus of the Commission is to approve the recommended time limits. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Quillin stated that any communications have only taken place during public Commission Workshop meetings. Commissioner Mason stated that ex parte communications have taken place with the Applicants, Judson Boedecker and John Schaub, prior to the filing of Rezoning Application No. 00-RE-08. Commissioner Cardamone stated that ex parte communications concerning the project have taken place with concerned citizen Jennifer Wilson. Vice Mayor Hogle stated that ex parte communications have taken place with Reed Furrow, John Schaub, and Judson Boedecker who favor adopting proposed Ordinance No. 00-4236; that ex parte communications concerning the project have also taken place with concerned citizens Sandra Vaughn, Linda Holland and Jennifer Wilson. Mayor Pillot stated that ex parte communications have taken place with Reed Furrow, John Schaub, and Judson Boedecker who favor adopting proposed Ordinance No. 00-4236; that ex parte communications concerning the project have also taken place with concerned citizens Sandy Vaughn and Jennifer Wilson. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc., Judson Boedecker, Vice President, HFHS, and John Schaub, Board Member, HFHS, came before the Commission. Mr. Franklin stated that HFHS owns 62 lots on the subject property; that the Clyde Wilson Trust owns 6 lots on the subject propertyi that the property is approximately 11 acres and is an existing platted subdivision; that the lots are 145 feet deep and 50 feet wide, which are larger than typical 50-foot-wide lots; that the property is in the RSF-2 Zone District; that the lots do not meet the minimum lot width or area requirements for the RSF-2 Zone District; therefore, proposed Ordinance No. 00-4236 requests a rezoning to the RSF-4 Zone District; that the RSF-4 Zone District is consistent with and an implementing zone district for the Single Family - Moderate Density Land Use Classification in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; and referred to a zoning map displayed on the overhead projector indicating existing lots with platted street systems. Mr. Franklin continued that the subject property is adjacent to Florida Power and Light (FPL) property in the RSF-2 Zone District which may be developed into a neighborhood park; that the FPL property is vacant and undeveloped with the exception of a power plant facility; that the property to the west of the FPL property is in the Multi-Family Residential-1 (RMF-1) Zone District; that property in the Single-Family Residential-3 (RSF-3) Zone District borders the subject property to the east; that Tuttle Elementary School borders the subject property to the north; that properties along Aspinwall Street are included in the Fruitville Corridor Plan providing for more intensive development; that the subject property is located north of Aspinwall Street and is bisected by Sixth Street; that Eight Street is located to the north; that Brink Avenue runs along the east side and Allendale Avenue runs along. the west side of the subject property; that the lots are consistent in size to other existing lots platted in the area; that the HFHS mission should not be considered during the proceedings; that the focus should be that HFHS is the fee title owner and intends to build single-family homes; that HFHS is not stipulating affordable housing which could be construed to define the buyer; that City plans, goals, objectives and Action Strategies have established the policy basis for consideration of proposed Ordinance No. 00-4236; that the issue is if proposed Ordinance No. 00-4236 is consistent with the City's Comprehensive Plan and compatible with the general area; that some City plans, goals, objectives and Action Strategies provide policy guidance in terms of working with a non-profit business with the purpose of delivering affordable housing; that the policies establish the basis for partnering with groups such as HFHS, which streamlines the housing processes, while encouraging and. working cooperatively with non-profit developers, which the City envisioned upon adopting the City's Comprehensive Plan; that the Affordable Housing Needs Assessment methodology utilized in the City's Comprehensive Plan acknowledged the limited land availability in the City; that the City is very fortunate an organization is willing to invest capital and energy at no expense to the City towards building homes in an area which has remained undeveloped for approximately 80 years; that the City has the ability to make infrastructure improvements in the area at any time; and referred to Section 3 of proposed Ordinance No. 00-4236 (Section 3) requiring a site plan submittal as follows: Site plan approval will be required prior to the issuance of a building permit... BOOK 47 Page 19654 06/05/00 6:00 P.M. BOOK 47 Page 19655 06/05/00 6:00 P.M. Mr. Franklin stated that a site plan is not necessary for an existing platted subdivision according to the requirements of the Zoning Code (1998); that permits are not issued until the tree protection ordinance, setback regulations and other applicable ordinances or regulations applied to single-family homes in a platted subdivision are met; that building permits are not issued until all public infrastructure improvements such as streets, water and sewer facilities are in place; that the Director of Building, Zoning and Code Enforcement will determine if a site plan is necessary; that the decision can be appealed to the Board of Adjustment; that the site plan requirement should not be included in proposed Ordinance No. 00-4236 which applies to land use; that the submission of the site plan can be discussed with Staff during the streamlining process; and referred to Section 4 (B) of proposed Ordinance No. 00-4236 (Section 4 (B)) referring to infrastructure improvements such as streets and single-family home requirements which must be in place as follows: The Applicants have proffered the following . (B) The Applicants shall design and construct, at Applicants' sole expense, the following improvements to serve the proposed sixty-eight (68) single-family homes upon the rezoned property: compacting, grading and the excavation of fill, street sections with sidewalks, inclusive of any required alleys, stormwater drainage improvements, potable water system improvements, sanitary sewer system improvements and reuse water system improvements Applicants shall provide security to the City Manager in accordance with Section IV-107, C, Zoning Code (1998) prior to the issuance of any building permit for development upon the rezoned property. Mr. Franklin continued that the items in Section 4 (B) are de facto requirements in obtaining a building permit and are not necessary in an ordinance requesting a change in land use; that Section 4 (B) requires a security paid to the City; that HFHS has a track record with the City and the security will only drive up the cost of the housing; that Section 4 (B) is not appropriate; that an acceptable resolution can be reached with the Administration as to HFHS's plans; that HFHS can issue contracts to the City to satisfy the Administration. Mr. Boedecker stated that HFHS intends to work with the City to establish a great community of which everyone can be proud; that HFHS has a good track record of creating great communities and intends to continue the record; that the language in Section 3 is not necessary if the developer is legally obligated to provide a site plan; that deleting Section 3 will send a mèssage for Staff to work in a positive manner with the public and HFHS to develop the subject property; that HFHS has the ability to help Staff create a solution to the site plan requirement; that Eiguratively, Section 3 binds the hands of the developer; that the developer has not proffered a site plan; that HFHS will proffer to comply with the established plat of the area, agreeing to a maximum lot coverage requirement of 35 percent per lot, a maximum building height of 35 feet, a front-yard setback of 20 feet, a rear-yard setback of 15 feet, combined side-yard setbacks of 15 feet with a minimum of 6 feet on each side, a minimum floor area of 600 square feet, and paved and curbed streets with closed street drainage; that the proffer fulfills City requirements for site plans; that Staff has been a good friend to HFHS and will work to create solutions for the site plan issue; that Section 4(B), which relates to construction of infrastructure within the City right-of-way and a bonding requirement, is not proffered by HFHS; that as a matter of law, Section 4 (B) should not be included in proposed Ordinance No. 00-4236 for the rezoning; that the City Attorney should be consulted as to the legality of Section 4 (B) as a requirement without the proffer of HFHS. Mr. Schaub stated that the lots are large at 50 feet by 145 feet, eliminating the risk of a high-density neighborhood; that the area is in a great location for affordable housing due to the buffering of Fruitville Road and Tuttle Avenue, the FPL property and other affordable housing; that most of the 90 houses built by HFHS have been constructed in the County; that the subject propérty is the first chance HFHS has had to build houses in the City; that the development is large for the City but is not large for HFHS; that HFHS has a 195-lot subdivision under development; that 150 houses have been built in another areai and referred to pictures of homes HFHS has built over the last ten years. Mr. Schaub referred to a copy of the June-July 2000 issue of Habitat World and quoted as follows: You can just feel it when you drive through a Habitat neighborhood. There is a sense of pride. There is hope. The way Habitat for Humanity works to eradicate the stereotype that people don't care about improving their housing situations is one of it's best kept secrets. You just don't see the same mentality among Habitat homeowners. They reprogram themselves. They're thinking differently and doing things differently. In order to do what Habitat is doing you must go into it with passion and an overall sense of wanting people moved forward Mr. Franklin stated that the Planning Board/Local Planning Agency (PBLP) discussed the RSF-3 Zone District, which also implements the Single Family Moderate Density Land Use Classification, and combining lots to meet lot width and area requirements; that substantial testimony was not offered to support the discussion; that combining lots reduces the number of units delivered to market and increases cost of each home; that the discussion did not produce a viable alternative. BOOK 47 Page 19656 06/05/00 6:00 P.M. BOOK 47 Page 19657 06/05/00 6:00 P.M. City Attorney Taylor stated that PBLP found the RSF-4 Zone District consistent with the City's Comprehensive Plan, is supportable with compatibility in the surrounding neighborhood, and is recommended to the Commission; that the City's Comprehensive Plan recognizes the RSF-3 Zone District can be applied to the subject property; that the decision to approve the RSF-4 or RSF-3 Zone District is the ultimate question of compatibility and consistency with the City's Comprehensive Plan; that a site plan (Site Plan Type I) may be required for a consistency decision, which has been made by the PBLP but for which the Commission is the final authority; that a Site Plan Type I is required to determine that scale, building scale, mass, bulk, height, orientation, lot coverage, lot-size configuration, architecture, screening, buffering, setbacks, signage, lighting, traffic circulation, etc., are compatible with the rest of the neighborhood; that the PBLP was of the opinion a Site Plan Type I is not necessary; however, Staff is of the opinion a Site Plan Type I is an important component of proposed Ordinance No. 00- 4236; and referred to Section 3 as follows: At such time a Site Plan is submitted City Attorney Taylor stated that the provision is not referencing a Site Plan Type I relating to a consistency finding with the City's Comprehensive Plan; that the provision is referencing the second Site Plan (Site Plan Type II) which comes from an interpretation of the Zoning Code (1998) by the Director of Building, Zoning and Code Enforcement; that Site Plan Type II refers to drainage and other technical requirements, which is related to Section 4 (B) regarding infrastructure and bonding; that Site Plan Type II determines the infrastructure requirements and insures the application of codes with the posting of a secured bond; that the language in proposed Ordinance No. 00-4236 is not appropriate without a proffer; that the Applicant is correct in requiring the removal of Section 4 (B) regarding the provision of a security without a proffer; that Staff agrees removal of Section 4 (B) is not fatal due to the application of the Engineering Design Criteria Manual (EDCM) at a later date; that the PBLP inserted the language with the belief a proffer would be made; however, as no proffer is offered, the language in Section 4 (B) should be removed. Mayor Pillot asked if the entire Section 4 should be removed? City Attorney Taylor stated that Section 4 (B) denotes the requirements of the Sarasota City Code (1986 as amended) (City Code) until security is discussed; that the Applicant will meet codes established by the City but has not proffered the security; that Staff has established the necessity to meet established codes in Section 3 requiring a site plan allowing for the removal of Section 4 (B); ; that the requirement of a site plan is subject to appeal to the Board of Adjustment. Mayor Pillot asked if Section 3 should remain in proposed Ordinance No. 00-4236? City Attorney Taylor stated that Section 3 should remain and Section 4 (B) should be removed. Commissioner Quillin asked if a site plan is necessary since the subdivision is platted? City Attorney Taylor stated that a site plan is only necessary if the Commission is of the opinion consistency with the City's Comprehensive Plan is an issue; that the site plan. required by Section 3 is based on the interpretation of the Director of Building, Zoning and Code Enforcement of Section 501, Article IV, Zoning Code (1998); that the interpretation is any new development resulting in the construction of more than eight units on a site is subject to a site plan review by Staff. Commissioner Quillin asked if the Director of Building, Zoning and Code Enforcement is considering the HFHS development as a new development even though the area has been platted? City Attorney Taylor stated yes. Mayor Pillot requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 00-4236 is a straight rezoning application; that Rezoning Application 00-RE-08 is for a rezoning of a non- conforming subdivision which is vacant; that the area was platted in the 1920s and is currently non-conforming; that other individuals have been required to combine the lots to obtain conforming lots for construction; that a site plan will be required but is not part of the rezoning request and therefore cannot be used to establish compatibility, that building elevations are not established and are required in a site plan to ensure desired features such as porches are constructed; that no proffers have been made other than the proffer for single-family dwellings; that proffers for affordable housing, vacations of specific streets, deed restrictions, and design standards, all of which help establish compatibility, are not established in proposed Ordinance No. 00-4236; therefore, Staff was unable to include the factors in the Land Use Analysis or use the factors as the basis for findings of fact; that the PBLP does not consider the intentions or history of an applicant in approving an application; that criteria established for deciding land use matters has been established for use by the PBLP; that Staff agrees providing home - ownership to low-income families is a wonderful goal; however, without proffers, the City's BOOK 47 Page 19658 06/05/00 6:00 P.M. BOOK 47 Page 19659 06/05/00 6:00 P.M. Comprehensive Plan policies related to affordable housing and cited by the Applicant cannot be considered in a Staff analysis; that proffers have been suggested and discussed with the Applicant including the submission of a site plan to avoid approaching the PBLP again after Rezoning Application No. 00-RE-08 is analyzed; that the Applicant has declined to modify the request; that the PBLP has not required the joint filing of a site plan with Rezoning Application No. 00-RE-08; that once Rezoning Application No. 00-RE-08 is granted and if a site plan is submitted meeting City Code requirements, the site plan must be found consistent with the City's Comprehensive Plan regardless of the design of the housing units; that for example, the Commission was not able to modify building design in the Five Points Towers site plan application due to the absence of a rezoning application. Commissioner Cardamone asked if the Commission forfeits the ability to impact the type of neighborhood built if Rezoning Application No. 00-RE-08 is approved without a site plan? Ms. Murphy stated that the Commission forfeits decision making relevant to porches or other design features not related to requirements of the City Code; that the criteria in the site plan establishes the Commission's right to analyze if a development can be reconfigured; that the site plan is very limiting and does not relate to the aesthetics of the project or require alleys, which has been an expressed concern of the Commission. Vice Mayor Hogle asked if the limitations of the site plan are responsible for the construction of buildings in the form of ice cream cones? Ms. Murphy stated that the Commission will not have the City's Comprehensive Plan to review if a site plan meets all City Code requirements; that the site plan will be deemed consistent with the City's Comprehensive Plan; that a building in the shape of an ice cream cone may result. City Attorney Taylor stated that the particular issues cited in the City's Comprehensive Plan regarding a site plan for consistency purposes enables the Commission to review not only use but also scale such as building size, mass, bulk, height, orientation, lot coverage, architecture, screening, buffers and setbacks; that all items listed must meet the City's codes; that compatibility should consider more than the minimum or maximum envelope, which is the intended purpose of a site plan. Commissioner Quillin stated that the Applicant proffered certain surroundings of the development, which will be reviewed by Staff. Ms. Murphy stated that the proffers regarding setbacks are part of. the Zoning Code (1998); however, the architectural factors are not covered. Commissioner Quillin stated that HFHS has agreed to add alleys to the development and has asked for a partnering with the City for infrastructure; that the City has no financial investment in the HFHS development; that issues related to conformity are not appropriate in considering Rezoning Application No. 00-RE-08; that the City has not decided if the project will proceed as platted; that over the 80 years since the platting of the area, lots have been altered to combine lots. Ms. Murphy stated that an RSF-4 Zone District will bring a zoning enclave into conformity as an implementing zone district; that the RSF-3 Zone District is also an implementing district. City Attorney Taylor stated that two zone districts enable the implementation of the City's Comprehensive Plan; that the contrasting requirements of each zone district are as follows: RSF-3 RSF-4 Lot Width (feet) 70 50 Lot Area (square feet) 7,500 5,000 Dwelling Units per Acre 5.8 8.7 City Attorney Taylor continued that the contrasting requirements result in different configurations and looks; that the issue is if a site plan is necessary to determine the different looks of each zone district. Commissioner Quillin asked if the lots currently plotted at a width of 50 feet wide satisfy the RSF-4 Zone District standards? City Attorney Taylor stated yes; however, the lots would require re-platting to conform to RSF-3 Zone District standards. Commissioner Quillin stated that the Applicant is not requesting re-platting. Commissioner Cardamone asked if the area contains an RSF-4 Zone District? Ms. Murphy stated that the area does not contain an RSF-4 Zone District; that Staff considered the absence of an RSF-4 Zone District before making a recommendation; that workshops were held and intentions were indicated; however, Staff may only look at Rezoning Application No. 00-RE-08 as a straight rezone; that the Commission may consider the Applicant and intentions; however, Staff establishes findings of fact alone; that Staff is in a difficult position; that problems were presented at the neighborhood meeting for Rezoning Application No. 00-RE-08; that citizens attending the meeting believed deed restrictions and BOOK 47 Page 19660 06/05/00 6:00 P.M. BOOK 47 Page 19661 06/05/00 6:00 P.M. street vacations are part of Rezoning Application No. 00-RE-08; that the absence of deed restrictions and street vacations in Rezoning Application No. 00-RE-08 is important, considering citizen expectations are different from the final request; that Staff recommended an additional neighborhood meeting to clarify for the public the exact parameters filed in Rezoning Application No. 00-RE-08 and pointing out which parameters will be binding to the Applicant; that the PBLP chose not to require the second meeting; that the RSF-3 Zone District is considered compatible zoning for the area despite the zoning enclave and current RSF-2 Zone District inconsistencies with Single Family Moderate Density Land Use Classification; that the property to the east is in the RSF-3 Zone District; that without a site plan and a proffer for only single-family dwellings, Staff is unable to ensure the level of compatibility required in the City's Comprehensive Plan. Vice Mayor Hogle asked the number of home which can be build if the development is built on the existing RSF-2 Zone District compared to the RSF-3 Zone District? Ms. Murphy stated that under the RSF-2 Zone District, 34 houses may be built; that 42 to 44 houses may be built under the RSF-3 Zone District. Commissioner Quillin stated that the most recent development in the area is in the RMF-4 Zone District along Tuttle Avenue, which is consistent for the area; that the RSF-4 Zone District is consistent with discussions concerning increased density previously brought to the attention of the Urban Land Institute (ULI); that the RSF-3 Zone District was designated during the revision of the City's Comprehensive Plan; and asked if the lots in the neighborhood are non-conforming, different widths, and are not consistent with the RSF-3 Zone District? Ms. Murphy stated that the area consists of varied lot sizes; that the area has experienced a combination of development; that homes have been built on some lots as platted; that some lots are non- conforming; that the area consists of vacant land as well. Mayor Pillot requested that other interested persons come forward; and the following interested persons came before the Commission: Jill DeBuono, 1168 Myrtle Street (34234), stated that HFHS housing can be positive or negative; that the negative aspects can be corrected; that before the Commission grants Rezoning Application No. 00-RE-08, a site plan for the development should be reviewed; that the area has more potential than just being small, chopped up lots; that the proposed zoning is consistent with the surrounding area but inconsistent with regards to new urbanist concepts and advanced neighborhood design; that low- income does not have to lack imagination and creativity in forming new neighborhoods; that low-income housing best meets the social strata living in the area and the needs of the children and neighbors who work and live together in the community; that HFHS should conduct workshops taught by landscapers and the cooperative extension to teach new homeowners landscape garden strategies, proper use of pest controls and fertilizers, climate control through planting, proper techniques in trimming and mowing, and the benefits of market appreciation through good landscape practices; that the City should consider new urban concepts or cluster-housing concepts, which include visual and traffic buffers, open space, decorative stormwater retention and protection of existing trees; that quality, imaginative and advanced techniques in urban design can be applied to affordable housing. Charles Kevin Senf, 2346 Pelican Drive North (34237), stated that HFHS is supported and is creative in landscaping and pesticide use; that HFHS has never been regarded as irresponsible in any area; that a nice development will be added to the area and to suggest otherwise may impugn HFHS's motives; that historically cities have confined low-income housing to questionable areas and created dense housing accommodations, which fosters an enclave of underprivileged, resulting in a decline of property maintenance; that busing has moved low-income families from one area to another low-income area; that infill requirements should enable HFHS to build housing in existing neighborhoods; that residents' needs will be served and property values will be retained; that Siesta Key has low-income housing, which will appreciate over the years; that no one objects to living on Siesta Key for $340 per month; that the children going to school should experience other children from varied backgrounds, thus participating in a society which will be emulated in adulthood; that life experiences should be shared with the community; that low-income families should not be expected to live in decrepit environments, which is unfair to the children; that a fresh look at public and low-income housing should be considered and integrated into existing neighborhoods. Commissioner Quillin stated that HFHS housing is not public housing but rather home ownership; that the residents invest sweat equity and time into the homes; that the issue of public housing and HFHS housing should be kept separate; that the issue is creating a development allowing people to own a home. James Gasprich, 2724 Orchid Oaks Drive (34239), On-site Manager, Hidden Lake Village, stated that Hidden Lake Village is a 254- unit condominium site across the street from the subject property; that condominiums are homes; that a site plan is necessary for rezoning; that paper streets are represented on maps of the area and should not be rezoned without a site plan; that the entrance and exit of the proposed development should be considered; that a site plan is necessary and will' determine BOOK 47 Page 19662 06/05/00 6:00 P.M. BOOK 47 Page 19663 06/05/00 6:00 P.M. which street the residents of the proposed development will use as access; that the lots are currently plotted at 50 feet by 145 feet and changing the dimensions results in 25 feet by 145 feet or 50 feet by 64 feet; that the lots require replatting and should not be rezoned; that HFHS is supported in developing across from Hidden Lake Village if only 34 homes are built; that density should not be increased; that traffic will be increased in the area if density is increased; that the Commission should deny proposed Ordinance No. 00-4236, which pertains to Rezoning Application No. 00-RE-08. Commissioner Quillin stated that the subdivision is platted with 50-foot lots. Don Bessey, 4455 Oak View Drive (34232), member, Board of Directors. HFHS, stated that houses have been designed for HFHS as a retired architect; that eight sets of plans exist for building homes in the area; that HFHS does not build low-cost housing; that HFHS builds quality, well-built houses at low cost; that many neighborhoods are traveled on the way to HFHS home sites; that many neighborhoods require improvements such as removing junk vehicles and improving landscaping; that HFHS neighborhoods such as Lime Lake and the development on 24th and 25th Streets at Euclid Avenue were built by HFHS and are in very good shape due to the dedicated homeowners in the area; that additional house designs are being created; that currently two homes under construction have different roof and porch configurations; that the houses appear different due to varied' colors, landscaping and design style; that HFHS produces well-built houses at low cost. Chuck Miller, 8934 Bloomfield Boulevard (34238) representing HFHS, stated that HFHS is an all-volunteer organization and welcomes new volunteers at any time; that new homeowners are required to complete a home management course including education in home repair, maintenance and decorating, landscape maintenance, managing finances, parenting and energy conservation; that water utility and power companies provide classes on energy conservation; that HFHS has built over 17 homes in the last year and approximately 8 are currently under construction; that of the 17 total home closings, three families came from Section 8 housing, five families came from public housing, one family came from the Sarasota Mobile Home Park (SMHP) and four families were living with other relatives in distressed living conditions; that the Commission should approve proposed Ordinance No. 00-4236, pertaining to Rezoning Application No. 00-RE-08; that decreasing the number of homes will increase housing costs; that infrastructure costs can be spread across 64 lots, which costs less per home than spreading infrastructure costs across 40; that every dollar added to costs eliminates eligible homeowners from obtaining a house. Vanessa Moore, 2115 Ernie Shank Court (34234), stated that as a resident of Lime Lake for over two years, having a nice home is wonderful to keep three children safe in a pleasant environment; that residents help each other in the community; that an affordable mortgage enables better care for three children. Reverend Dr. Paul Binder, 2249 Florinda Street (34231) representing HFHS, stated that 16 years ago constituents of eight different churches were invited to begin HFHS; that 50 percent of all churches in the City are committed to HFHS, placing HFHS at the top of a list of over 2,000 affiliates in the country; that the spectrum of faiths is great from Roman Catholic, Baptists, Mennonite, to the Evangelical churches; that the spectrum of economic strata is great from Siesta Key to Newtown; that HFHS constantly searches for suitable properties for new houses; that immense resources come from outside the church community; that the church community provides great solidarity to a great City and to HFHS. William Couch, 1819 Main Street (34236), Acting President of the Greater Sarasota Chamber of Commerce, stated that the Chamber of Commerce supports the HFHS project which should be seriously considered and approved by the Commission; that HFHS consists of wonderful people doing wonderful things for the community; that HFHS is compatible with the improvements the Commission is making in the City. Jorge Vasquez, 2100 Sarasota Mobile Home Park (SMHP), 2048 (34237), stated that an application to qualify for HFHS housing four years ago was denied; that last year another application to HFHS was approved after the City decided to close the SMHP; that HFHS has provided advice on overcoming debt and has worked hard to obtain a house for the family; that a yard is important, sO increasing density thereby reducing yard size is not supported; that children play in yards, which provides a wealth of joy to the entire family; that children are not concerned with the absence of a porch; however, an individual bedroom is important; that HFHS has rules which must be Eollowed by an applicant such as providing sweat equity and funds; that as a single income earner, finding a house for $300 per months is very valuable; that the mortgage of $300 per month includes insurance and paying interest is not required; that as an applicant participating in every aspect of the house's construction, a concern for the home's appearance and landscaping. will always be apparent; that HFHS does not discriminate by religion, income bracket, or race; that having a child makes having a safe home a great concern. Mayor Pillot requested that the Applicant come forward for rebuttal. Mr. Franklin stated that HFHS is the fee title holder of the property; that the intentions of HFHS are well-known; that a site plan would have been submitted if the land was not already BOOK 47 Page 19664 06/05/00 6:00 P.M. BOOK 47 Page 19665 06/05/00 6:00 P.M. platted; however, the area is a recorded, platted subdivision; that the area became non-conforming only after the City applied land use designations and zoning; that the lots on the subject property are exactly the same as the lots in the surrounding area; that HFHS is simply trying to conform the lots sO building permits for single-family homes can be obtained; that the City Attorney referred to the area as a project containing eight lots or more; however, the development is actually 68 different projects; that a benefit can be derived from the development; that the City will not benefit greatly from a site plan; that building elevations can be discussed; that HFHS welcomes a free-flow discussion concerning the proposed project to assure all concerns are addressed; that deed restrictions for Lime Lake are shared in the project but have not been proffered due to unreasonable amendment requirements which may arise should a deed restriction be attached to proposed Ordinance No. 00-4236; that the dwellings will not be squeezed together any more than a condominium community; that the development is brought to the City as an affordable-housing development and will be an asset to the community. Mr. Boedecker stated that the lots are almost 7,500 square feet at an average of 7,250 square feet per lot; that 7,500 square feet is the minimum lot size requirement for an RSF-3 Zone District; that the critical factor is the lot width at 50 feet; that a site plan approval procedure will cost HFHS more expense as Staff will require a fee to review the. request; that nothing will be gained by, issuing a site plan for a platted subdivision; that HFHS homes will be constructed on the platted lots; that the City owns the road right-of-way; that Eighth Street improvements, funded by the Sarasota County School Board, comply with the City Engineering Department's criteria, as the City owns Eighth Street; that the City will not allow building in the City rights-of-way without City Engineer approval; that adequate protections exist in the City for rights-of-way; that compliance towards lot size, minimum lot coverage requirements, and setbacks has been proffered; that the project is a matter of time and expense; that raising the price of a house by $100 eliminates a needy family from eligibility; that Staff is capable of providing a creative solution on the issue; that retired architects and engineers work on the projects for HFHS; that xeroscaping is implemented in the yards of all HFHS projects; that HFHS holds a record over 12 years of providing homes in the area; and referred to photographs of different HFHS homes to indicate the type of homes built. Mr. Schaub stated that 32 lots were developed in Lime Lake with fewer meetings than are required for the existing platted subdivision referenced in proposed Ordinance No. 00-4236; that developing the subject property is right and deserves the attention of the Commission; that the lots are located in a wonderful part of the City surrounded by homes of comparable size with buffering and are close to employment and schools. Mayor Pillot asked for clarification of the infrastructure costs for the project? Mr. Franklin stated that HFHS is in the process of preparing construction plans, which upon completion will provide an accurate budget for the costs; that Lime Lake required platting and infrastructure and resulted in development costs of $8,400 per lot; that the subdivision currently has closed drainage, curb and gutter, sidewalks and street lights and was developed in accordance with County land development regulations. Mayor Pillot asked if infrastructure costs of $10,000 per house is a reasonable estimate? Mr. Franklin stated that $10,000 is a reasonable figure. Mayor Pillot asked if the number of houses allotted to the area is divided by two would the infrastructure costs per house total $20,000? Mr. Franklin stated yes. Mayor Pillot stated that infrastructure costs of $20,000 will have a drastic impact on the individuals HFHS is trying to work with. Mayor Pillot requested that the City come forward for rebuttal. Ms. Murphy stated that Staff is able to consider monetary factors if a site plan is proffered by the Applicant; that Staff cannot choose which intentions to believe; however, the Commission can; that Staff does not consider public testimony in a land use evaluation; that the City Attorney Taylor would probably refer to Staff's position as being arbitrary and capricious; that Staff only considers an application as filed, submitted and proffered; that the public should understand Staff is very supportive of affordable housing and strives to provide quality projects and solutions for the citizens of the City; that Staff encourages HFHS to continue in current endeavors; however, Staff is very limited in the process and must consider only the facts. Mayor Pillot stated that the Commission has latitude in deciding issues; that conversely, Staff discharges specific duties and executes said duties extremely well and in a fair manner. Commissioner Cardamone asked for clarification of the importance of the site plan for Rezoning Application No. 00-RE-08? Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that the site plan is a Zoning Code (1998) requirement; that the Zoning Code (1998) was the subject of long debate by the PBLP and Commission and specifically focused on the changes in thresholds necessary BOOK 47 Page 19666 06/05/00 6:00 P.M. BOOK 47 Page 19667 06/05/00 6:00 P.M. for site plan reviews; that a site plan can be approved administratively for a new residential development, which cumulatively results in fewer than eight units; that the site plan goes before the PBLP for review if the new residential development cumulatively results in eight units or more; that the term development is defined as construction of a structure; that HFHS is developing 68 structures which is far more than eight; that the development is not 68 different projects and a ruling in favor of 68 projects will render Section 501, Article IV, Zoning Code (1998), meaningless; that City goals call for streamlining the public process but does not call for eliminating public participation; that Sarasota City Code (1986 as amended) and Zoning Code (1998) requirements must be met in a streamlining process; that PBLP members have indicated the necessity for a site plan and considered the inclusion of a site plan review when voting; that Staff reviews configuration of design, layout for vehicle access and circulation, safety, density, location, area, performance characteristics, parking, stormwater improvements, etc., during a site plan review; that in the past developments have not been completed in the fashion the City intended; that an area may not be developed with the City's intentions in mind, if, for example, HFHS sells a portion of the property to an outside buyer; that substantial control is lost without the submittal of a site plan; that Staff is concerned with the phasing of stormwater installation and control; that Staff has serious, technical questions and can satisfy concerns with a site plan; that the decision regarding the site plan can be overturned at the Board of Adjustment. City Attorney Taylor stated that unnecessary confusion regarding site plans should be avoided; that the site plan required does not provide the Commission the ability to determine conformity; that the site plan required is requested as part of the building permit issuance process; that a site plan for consistency is pertinent only for a determination of the compatibility of the RSF-3 or RSF- 4 Zone District to the area; that the Commission has the prerogative to decide against requiring the latter site plan. Mayor Pillot stated that Section 3 requires a site plan; and asked if the site plan described is the site plan referenced in Section 3? Mr. Litchet stated yes. Mayor Pillot asked if Section 3 meets the requirements of the Department of Building, Zoning and Code Enforcement? Mr. Litchet stated yes. Mayor Pillot asked if Staff agrees with retaining Section 3 and deleting Section 4 (B) in proposed Ordinance No. 00-4236? Mr. Litchet stated yes. Commissioner Cardamone asked for clarification of Staff involved in the infrastructure requirements? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Staff estimate for an enhanced infrastructure is $3.1 million and a streamlined infrastructure is $2.7 million; that HFHS has requested only $1.5 million for infrastructure, believing the City's estimates are too high, and will raise funds for improvements for any amount above $1.5 million. Commissioner Cardamone stated that the enhanced projects may require $39,000 of infrastructure improvement costs per lot and a streamlined project may require $34,000 in infrastructure costs per lot; that the infrastructure costs include streetlights, sidewalks, gutter, curbs, stormwater, etc.; that most of the cost is intended for fill due to the low elevation of the property; that the Lime Lake subdivision probably did not require the amount of fill the subject property will require. Mayor Pillot stated that the project will not be viable if the most modest of estimated infrastructure costs is doubled; that a cost of $20,000 per lot, if doubled, will wipe out the project. Commissioner Quillin stated that the area is plotted and streets have been built; that infrastructure is required even before fill is added; that the lots must meet current engineering standards prior to building houses; that road infrastructure and road plotting is necessary before the construction of homes. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that a site plan is necessary to decide infrastructure plans. Commissioner Quillin stated that any street improvement will be a catalyst towards improving the neighborhood; that improvements are desperately required; that a street cannot be added anywhere due to the existence of platted paper streets. Mr. Daughters stated that streets will be developed in the right- of-way; however, length and location is unclear without a site plan; that a connection to Allendale Avenue is recommended, which does not abut the subject property and is not required by the Zoning Code (1998); that a site plan will require a connection route; that Staff has received no plans from the Applicant for drainage or a retention pond. Commissioner Quillin stated that an engineering design will be offered during the permitting process; that many issues will be resolved. Mayor Pillot stated that infrastructure developments differ for various zone districts; that the Applicant should have knowledge BOOK 47 Page 19668 06/05/00 6:00 P.M. BOOK 47 Page 19669 06/05/00 6:00 P.M. of zoning before taking the time and expense to develop a site plan. Mr. Litchet stated that the knowledge of the number of structures will be helpful in determining the necessary infrastructure improvements. Commissioner Cardamone stated that the infrastructure such as streets, sidewalks, curb, gutter or sewer lines will be the same for any number of allowable units; and asked if the difference of 40 to 60 homes makes a difference? Mr. Litchet stated that the difference is the manner in which stormwater is handled and which streets are added. Mayor Pillot requested additional Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4236 by title only. On motion of Mayor Pillot who passed the gavel to Vice Mayor Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 00-4236 on first reading with the deletion of Section 4 (B). Vice Mayor Hogle stated that the motion will be opposed; that HFHS is supported for efforts made in the area; that infill lots will soon be made available in the City which already have infrastructure such as streets, water and sewer; that the infill lots will make excellent sites for HFHS; that the infill lots should be considered in the overall picture; that Duany Plater- Zyberk & Company (DPZ) recommends against clustering affordable housing units in one spot; that the housing units should be clustered throughout the community; that Staff has expressed the need for a site plan to avoid breaking established criteria; that HFHS is strongly supported but should not receive preferential treatment in the City's development procedures requirements. Vice Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 00-4236 on first reading with the deletion of Section 4 (B). Motion carried (3 to 2): Pillot, yes; Quillin, yes; Cardamone, no; Hogle, no; Mason, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) # 3 (2838) through (3325) The following people came before the Commission: Thomas Luzier, Chairman, Sarasota County Historical Commission, 3400 South Tamiami Trail, (34239), stated that the City's time and consideration of Mark Famiglio's proposal to relocate the Bickel House from the current site to Mr. Famiglio's property on Second Street and Cocoanut Avenue is appreciated; that the Commission has demonstrated continual willingness to address issues pertinent to the Bickel House through public meetings, telephone conversations, and electronic correspondence; and that the historic preservation community and the Sarasota County Historical Commission appreciate the efforts of the Commission and City Staff in attempting to preserve the Bickel House Devin Rutkowski, 324 Julia Place (34236), was no longer present in the Chambers. Diana Hamilton 312 Julia Place (34236), was no longer present in the Chambers. Commissioner Quillin referred to a May 17, 2000 report entitled "A Plan for Mitigating Effects on the Development of the Karl Bickel House" (Mitigation Plan), Florida Site File, No. 8SO 378, and stated that the Mitigation Plan was submitted to the State Historic Preservation Office by Brenda Patten, Esquire; and quoted Section II.E, Exhibit A, of the Mitigation Plan as follows: With the City rejection of Dr. Kauffman's plan, no other viable options remain for relocating the Bickel House. Commissioner Quillin stated that little communication by the developer and other parties to the relocation effort occurred with the Commission; that the Mitigation Plan conveys a negative image of the City to the State and indicates the City expressly rejected all relocation proposals; that the Administration was informed by the property owner today of the Bickel House's impending demolition; that the property owner is not willing to work with other groups concerning other proposals to relocate the Bickel House; that Mr. Famiglio and a group of other interested persons are willing to move the Bickel House, pay for the relocation efforts, meet the necessary time guidelines, and will require approval of a variance on the property; that the Mitigation Plan indicates the City has been uncooperative, which is misleading and false, as the City has demonstrated continued efforts to preserve both the Bickel House and the John Ringling Towers; that the City has invested and spent considerable money, effort and time in attempts to preserve the Bickel House and to work with the property owner; and thanked the Administration, other City Staff, and Mr. Famiglio's group for their etforts. City Manager Sollenberger stated that the historic preservation community met with the City and proposed a public hearing on the property to which a proposal was made to relocate the Bickel House; that Staff was reluctant to entertain the public hearing as BOOK 47 Page 19670 06/05/00 6:00 P.M. BOOK 47 Page 19671 06/05/00 6:00 P.M. the property owner had not applied for a building permit; however, after meeting with members of the historic preservation community, Staff was asked to contact the City Attorney's Office and, if appropriate, to proceed with advertising the public hearing; that Staff sent a letter to the property owner's legal representative with copies of the proposed public hearing and Mr. Famiglio's proposal; that the property owner has decided to abandon any future relocation efforts and to pursue the demolition effort. Commissioner Quillin stated that a letter should be sent to the State noting the false representation of the City in the Mitigation Plan, particularly noting the City did not reject the relocation of the Bickel House. City Manager Sollenberger stated that the City did not reject the proposal to relocate the Bickel House; that the Community Redevelopment Agency (CRA) ranked proposals for the construction of a parking garage; that the proposal of Palm Walk Associates, Ltd., included relocating the Bickel House to Palm Avenue; however, the CRA ranked the proposal of the Sarasota Development Alliance (Sarasota Alliance) first, which did not include relocating the Bickel House; that the City has 180 days to negotiate an agreement with Sarasota Alliance; that the City will negotiate with the lesser ranked proposals if an agreement with Sarasota Alliance cannot be reached; that the legal representative of the property owner of the Bickel House understood the City's intent to pursue relocation; that the City's concerns were explained to the property owner; that the Mitigation Plan does not accurately express to the State the City's position concerning the Bickel House. Commissioner Cardamone stated that the Mitigation Plan could be amended. Commissioner Quillin stated that the State has already approved the Mitigation Plan; that the Mitigation Plan cannot be amended. 14. UNFINISHED BUSINESS: REPORT RE: FUNDS REMAINING IN THE MILLENNIUM FUND ACCOUNT = ADMINISTRATION. WILL SUBMIT A REVISED RECOMMENDATION AT THE JULY 5, 2000, REGULAR COMMISSION MEETING (AGENDA ITEM VI-1) # 3 (3325) through 4 (0125) City Manager Sollenberger stated that the City Auditor and Clerk and Director of Finance formulated a recommendation for the use of the balance of the Millennium Account funds which is supported; that the recommendation is to utilize the balance for the purchase of a piece of public art commemorating the Millennium; that expenses of $39,439.24 for the December 31, 1999, New Year's Eve Celebration and $2,723.47 for the Breast Health Sarasota Run were charged against the Millennium Account of $100,000; that the Commission authorized another $5,000 for the Soap Box Derby; that the remaining balance in the Millennium Fund is $52,837.29; that the expenses for the New Year's Eve 2000 Celebration, if held, could be $22,500 for Police and Public Works, leaving a potential balance of $30,337.29; that the recommendation is based on a previous request of the Commission to suggest uses of the remaining Millennium Account funds; that the Commission has the final decision concerning the use of the funds. Commissioner Quillin stated that utilizing the remaining Millennium Account funds for public art is supported; that purchasing a piece of public art to commemorate the Millennium celebration is an excellent idea; that additionally, the tenth anniversary of the signing of the Americans with Disabilities Act (ADA) in July 2000 will be recognized by many local organizations; that the City's support for in-kind services such as Police and Public Works may be requested from the Millennium Account if funds are available; that the tenth anniversary of the signing of the ADA is significant; that the City has made an effort to accommodate citizens with disabilities; that more information concerning the funding requirement will be available after a meeting scheduled for June 9, 2000, to establish the committees to organize the celebration; that an appropriate level of funding will be determined by the Commission; that a ballgame at Ed Smith Stadium is scheduled for the ADA celebration; that fireworks are planned; that funding for the fireworks of approximately $2,500 may be required. Commissioner Cardamone stated that the recommendation to utilize the balance of the Millennium Account funds for public art is liked; that a portion of the funds should be utilized for a City time capsule; that the Commission has previously discussed the possibility of a City time capsule; that criteria as to the type of items to include in a time capsule would require development. Mayor Pillot stated that the City's existing time capsule is prominently displayed at Sarasota Memorial Park. Commissioner Cardamone stated that a new time capsule should be displayed in a City park or City sidewalk. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to utilize the balance of the Millennium Account fund of $52,837.29 for the purchase of public art commemorating the Millennium and to investigate the possibility of purchasing a Millennium time capsule. Commissioner Quillin stated that possible funding for the celebration of the tenth anniversary of the ADA, which is a five- day event during the Millennium, is also requested; that a specific funding requirement is not known at this time. BOOK 47 Page 19672 06/05/00 6:00 P.M. BOOK 47 Page 19673 06/05/00 6:00 P.M. Vice Mayor Hogle stated that funding for programs supported by the Citizens with Disabilities Advisory Board has been provided in the past from other funding sources and asked if other funding sources are available for the ADA celebration? Commissioner Quillin stated that funding for other programs has been provided from handicap parking fines, which is not a possible source for the ADA celebration. City Manager Sollenberger stated that an alternate source of funding is not known at this time. Commissioner Quillin stated that handicap parking fines can only be utilized for certain expenditures; that numerous organizations such as Selby Botanical Gardens, Mote Marine Laboratories, and the Sarasota County Area Transit (SCAT) are involved in the ADA celebration; that a tree will be planted at Selby Botanical Gardens as part of the celebration. Mayor Pillot asked an estimate of the funding requested for the ADA celebration? Commissioner Quillin stated that an estimate will not be known until June 9, 2000. Commissioner Cardamone stated that funds from handicap parking fines were utilized to purchase food for a donation to the Food Bank; therefore, funds from handicap parking fines can probably be utilized for an ADA celebration. Commissioner Quillin stated that the criteria for the use of handicap parking fines and the Millennium Account fund are different; that the ADA celebration is significant. On motion of Commissioner Quillin, it was moved to amend the motion to utilize $50,000 of the Millennium Account fund to purchase public art and the remaining $2,837.29 for a time capsule and the ADA celebration, as necessary. Motion to amend died for lack of a second. Commissioner Cardamone stated that some Millennium Account funds should be reserved for the New Year's Eve 2000 Celebration. Commissioner Quillin stated that the utilization of the Millennium Account funds could be referred to the Administration for a revised recommendation. Commissioner Cardamone, as the maker of the motion, with the approval of Vice Mayor Hogle, as the seconder, withdrew the motion to utilize the balance of the Millennium Account fund of $52,837.29 for the purchase of public art commemorating the Millennium and to investigate the possibility of purchasing a Millennium time capsule. City Manager Sollenberger stated that the Administration will submit a revised recommendation at the July 5, 2000, Regular Commission meeting. 15. UNFINISHED BUSINESS: REPORT RE: BOOKER HIGH SCHOOL NEIGHBORHOOD PEDESTRIAN, /TRAFFIC MANAGEMENT - AUTHORIZED THE ADMINISTRATION TO CLOSE ORANGE AVENUE FROM 32ND STREET TO 35TH STREET DURING SCHOOL HOURS ON SCHOOL DAYS CONSISTENT WITH THE HOURS OF OPERATION FOR THE SCHOOL YEAR, 2000-2001, AND ADJUSTABLE AS NECESSARY AND RECOMMENDED THE SARASOTA COUNTY SCHOOL BOARD PAY FOR THE INSTALLATION OF AESTHETICALLY PLEASING BARRICADES (AGENDA ITEM VI-2) #4 (0125) through (2090) Dennis Daughters, Director of Engineering/City Engineer, Sam Freija, Traffic Engineer, and Ruth Dearman, Transportation Planner, came before the Commission. Mr. Freija displayed computer-generated slides throughout the presentation of the Booker High School (BHS) Pedestriam/Tratfic Management: Analysis and Recommendation for Orange Avenue Report (Staff Analysis Report) to regulate pedestrian and vehicular traffic in front of BHS and the nearby neighborhood and stated that the Staff Analysis Report is a result of direction to Staff at the December 6, 1999, Regular Commission meeting to work with the BHS Administration, Sarasota County School Board and local community members to develop a traffic management plan; that BHS is a 47-acre campus and a Sarasota County School within the City limits; referred to a computer-generated map indicating the boundary of the school to the north is Myrtle Street, to the south is 32nd Street, to east is Goodrich Avenue and to the west is the Seminole-Gulf Railroad. Mr. Freija continued that Phase I included closure of Orange Avenue from 1:45 p.m. to 2:05 p.m. on school days; that the barricades and signage furnished by the City were positioned across Orange Avenue south of 35th Street and north of 32nd Street on January 5, 2000, by School Staff; that Phase II includes implementation of a traffic calming measure, if warranted; that Phase III includes beautification and installation of a pedestrian "bulbout' II refuge; that the Commission requested Staff to conduct traffic counts and furnish recommendations after the trial period concerning the following: 1. ascertain the ramifications of the closure of Orange Avenue and determine if the daily closing should continue, and 2. determine if to proceed with Phases II and III. BOOK 47 Page 19674 06/05/00 6:00 P.M. BOOK 47 Page 19675 06/05/00 6:00 P.M. Mr. Freija stated further that Orange Avenue is designated as a major collector road in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) ; that the assigned function of a major collector road is to encourage and permit greater vehicular use; that a major collector road dissuades drivers from using residential streets and minor collector roads, which handle traffic between residential neigaborhoods; that Orange Avenue possesses significant benefit to the City; that closure of Orange Avenue results in the diversion of School and other traffic to nearby neighborhood roads; that traffic intrusion into the neighborhoods conflicts with the intentions of the following Action Strategies (A.S.), Transportation Chapter, the City's Comprehensive Plan: A.S. 1.13: protecting existing rights-of-way A.S. 5.1: directing the City to minimize traffic intrusion into residential neighborhoods A.s. 5.5: placing a burden upon the City to fund necessary traffic calming measures A.s. 5.6: directing the City close streets only if traffic calming or alternative methods are not appropriate. Mr. Freija further stated that the targeted traffic relates to the school and will continue despite traffic calming measures; that a significant increase in residential traffic occurs as a result of the closure; that closure of Orange Avenue and placement of barricades decrease the aesthetic value of the nearby communityi that the closure of Orange Avenue during school hours will significantly increase neighborhood traffic above the current 20-minute blockade; that rerouting school-related traffic into residential streets will artificially increase the number of vehicles using residential roads as "cut-throughs' " ; that closure of Orange Avenue increases the speed of traffic and pedestrian- vehicular traffic accidents rates; that the current situation does not warrant the closure of Orange Avenue during school hours; that in comparison to Sarasota High School (SHS), the Sarasota County School Board owned additional land utilized for the Hatton Street extension project; that the SHS barricades on School Avenue are not a prominent feature of the landscape; that alternate strategies for management of BHS traffic are available; that the Administration recommends the following: 1. continue with the Phase I barricade of Orange Avenue south of 35th Street and north of 32nd Street from 1:45 p.m. to 2:05 p.m. on school days; 2. require the School Board to install an "aesthetically pleasing" barricade for use during the 20-minute period of closure; and 3. direct the Administration to continue working with School Board Staff regarding neighborhood concerns. Mayor Pillot stated that the Staff Analysis Report and recommendations are appreciated; that the SHS barricades are aesthetically pleasing; that similar eatheticaly-pleating barricades could be constructed on the BHS campus at Orange Avenue; that Orange Avenue is a major collector; however, the City's Comprehensive Plan does not speak to the safety of children, which the Commission must consider in deliberation on the closure of Orange Avenue; and asked if the Closure of Orange Avenue during the school hours on school days would result in a significant increase to traffic in the nearby neighborhoods? Mr. Freija stated yes. Mayor Pillot stated that the existing traffic on Orange Avenue threatens the safety of the BHS students; that Booker High School pedestrian traffic significantly outnumbers neighborhood pedestrian traffic on Goodrich Avenue, 32nd Street and 35th Street; that the Commission remains committed to the safety of all pedestrians. Mr. Freija stated that the Commission requested Staff conduct traffic studies concerning pedestrian traffic accidents prior to barricade placement; that the studies found no accidents occurred. Mayor Pillot stated that no accidents occurred prior to placement of barricades at SHS; that the barricades were installed despite requests not to place barricades. Commissioner Quillin stated that the Staff Analysis Report fails to mention the existence of a traffic signal in front BHS, which exists only for school-related pedestrian traffic; that a school crossing guard can manually operate the traffic signal; that the crossing guard possesses the ability to regulate and, if necessary, to stop traffic during school hours; and asked the location of the nearest traffic signal in the neighborhood? Mr. Freija stated that the nearest traffic signal is located on Myrtle Street at Bradenton Road. Commissioner Quillin asked if the neighborhood has only the one traffic light? Mr. Freija stated that no other traffic signals exist in the neighborhood. BOOK 47 Page 19676 06/05/00 6:00 P.M. BOOK 47 Page 19677 06/05/00 6:00 P.M. Mayor Pillot asked the wishes of Commission concerning extending the meeting past normal hours in order to finish the Agenda? On motion of Commissioner Cardamone and second of Commissioner Quillin I it was moved to extend the Commission meeting past 11:30 p.m. to finish the Agenda. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Mason, yes; Quillin, yes; Pillot, yes. Commissioner Quillin stated that BHS and SHS differ, as BHS possesses a manually operable traffic signal and has a crossing guard to regulate student and vehicular traffic, whereas SHS did not have an operable traffic signal on School Avenue. Commissioner Mason stated that students have always crossed Orange Avenue safely; that the Commission does not hold biased preferences for the safety of the City's children over the well- being of local residents; that the diversion of traffic into the nearby neighborhood should be carefully considered; that the City designated 2000 as the "Year of the Neighborhoods", that the proposed plan includes the collaboration of City and School Board Staff and the residents of the nearby neighborhood; that the recommendations from the cooperative neighborhood process encouraged by the City should not be rejected. Commissioner Quillin stated that the public collaboration of the BHS Staff, local residents, City Staff and business owners produced the Administration's recommendations; that all interested parties previously approved the recommendations; that the City Engineering Department approves the recommendations that the current 20-minute barricade works; that traffic proceeds well as a result. Mr. Daughters entered the following into the record: a June 5, 2000, letter from Daniel Kennedy, Principal, Sarasota High School and a June 5, 2000, letter from Frederick Derr and Company The following persons came before the Commission: Carolyn Robinson, 1747 32nd Street (34234), stated that the Booker High School/Orange Avenue Traffic Committee addressed the Commission's concern for the safety of the BHS students and the problem of "cruising" following students' dismissal at the end of each day; that the Committee represents the neighborhood and worked with Staff to resolve the issues; that Staff continues to recommend the installation of the barrier and a potential traffic calming project; that the Committee performed admirably; that the City Engineering Department's notice of the successful barricade trial period pleased the Committee; that the potential 8-hour closure of Orange Avenue displeases the Committee; that the Committee remains concerned for the safety of the children of BHS; that the Closure of Orange Avenue during school hours disregards the work and recommendations of the Committee which recommended the Sarasota County School Board find another location for the school buses; that the Closure of Orange Avenue during school hours turns the nearby neighborhood into a gated community; that the Commission should continue to work with the Committee, should not impose an arbitrary resolution to the problem, and should allow the Committee to develop an agreeable, long-term solution. Pastor Gary DeSue, 2905 North Orange Avenue (34234), stated that the Staff Analysis Report and the Administration's recommendations are supported; that the barricade creates traffic which intrudes into the nearby community; that the infrastructure of Goodrich Avenue cannot handle the increased traffic burden. Jan Gibbs, Principal, Booker High School, 3201 North Orange Avenue (34234), stated that the Commission is requested to authorize the closure of Orange Avenue for the entire school day; that the suggestion was offered at the last joint session of the Sarasota County School Board and the City Commission; that 2,592 children crossed Orange Avenue in front of BHS every day during the second semester; that since 1991, City Staff has repeatedly requested the School Board find an alternate site for the school buses; that the School Board met with Mr. Daughters, V. Peter Schneider, Deputy City Manager, and other City Staff to determine the viability of other sites; that the collaboration produced no other viable sites; that Staff's geographical representation of the BHS is not correct and does not disclose all possible sites; that no alternate sites are possible; that the State requires a parking lot with a certain number of parking spaces for Staff; that the traffic management plan proposed by Staff is misleading; that the traffic analysis was conducted nappropriately, that the first portion of the traffic analysis was conducted during Christmas break, when no students were attending school; that the second and third portions of the traffic analysis were conducted following the placement of the barricade; that the Staff Analysis Report compares the first portion of the traffic analysis to the second and third portions, which generates misleading and false conclusions; that as. a result of the barricade, traffic decreased on every strèet but Goodrich Avenue, where traffic increased 2.3 percent; that the Closure of Orange Avenue during school hours will not result in increased traffic to the nearby neighborhood. Sue Renfrew, 1553 Bay Point Drive (34236), stated that 2000 is the "Year of the Neighborhood", that healthy neighborhoods and safe places for citizens are among the City's goals; that 1,500 students bring increased traffic to the nearby neighborhood from 7:00 a.m. to 2:30 p.m.; that Orange Avenue draws increased traffic through the nearby streets, which creates many problems; BOOK 47 Page 19678 06/05/00 6:00 P.M. BOOK 47 Page 19679 06/05/00 6:00 P.M. that an open Orange Avenue increases the inflow of vehicular traffic, the delinquency of Booker students, and the ease with which destructive forces enter the school; that the closure of Orange Avenue during school hours benefits both the school and the nearby neighborhood and provides safety for students. Jack McDonald, Assistant Principal, Booker High School, 10054 Glenmore Avenue, Bradenton (34242), stated that BHS students and Staff are also members of the nearby neighborhood; that enrollment at BHS and the size of the BHS Staff increases the need for space each yeari that the School does not wish to displace any community members; that the needs and safety concerns for the people on the BHS campus require the Commission's consideration. Calvin Bryant, 1720 32nd Street (34234), stated that the closure of Orange Avenue negatively impacts the nearby neighborhood; that the location of the school bus unload/load zone presents a problem for the residents of Orange Avenue and the nearby neighborhood; that the School Board could find an alternate site; that the increased traffic poses a direct threat to the children who play in the nearby neighborhood and streets; that the Commission should act before one of the neighborhood children is injured or killed; that neighborhood business possesses a right to use Orange Avenue for whatever purposes; that the closure of Orange Avenue represents the potential closure of other important neighborhood streets. Nancy Sanders, P.O. Box 93, Nokomis (34274), was no longer present in the Chambers. Mayor Pillot requested that City Auditor and Clerk Robinson read into the record the two letters submitted by Staff. City Auditor and Clerk Robinson read into the record the letter dated June 5, 2000, from Daniel Kennedy, Principal, Sarasota High School, indicating the Closure of School Avenue effectively protects school Staff and students from injury, School Avenue remains open when students and Staff are not present, the school received only one complaint following the installation of the barricades, the barricades are necessary, and the approval of the Closure of School Avenue demonstrates the Commission's commitment to the safety of the school's students. City Auditor and Clerk Robinson read into the record the letter dated June 5, 2000, from Frederick Derr and Company indicating that the closure of Orange Avenue does not adversely affect the business operations at 3801 North Orange Avenue, the City Engineering Department's recommendations are good, and Phase I should continue through the 2000-2001 school year before implementation of Phase II and Phase III. Mayor Pillot stated that the Sarasota County School Board supports the request to close Orange Avenue from 7:15 a.m. to 2:15 p.m. Commissioner Quillin stated that the Closure of School Avenue and the resulting increased traffic intrusion negatively impact the neighborhood near SHS; that the traffic intrusion places the children and elderly of the neighborhood at risk; that the manually operated traffic light and school crossing guard in front of BHS are sufficient to ensure the safety of the students; that similar steps should have been taken at SHS rather than closing School Avenue; that high school students are capable of safely crossing the street with assistance from a school crossing guard; that the two locations are different; that the phased steps should be followed; that the BHS Principal previously agreed with the Staff Analysis Report and Administration's recommendations; that constituents complain about the closure of School Avenue despite the decoration of the barricades; that the Staff Analysis Report indicates thé existing plan is working to maintain the safety of the students; that the Sarasota County School Board's recommendations are warranted; that such recommendations do not consider the costs other taxpayers and the City must payi that the School Board does not pay for the traffic abatement in the affected neighborhoods; that Staff's recommendations should be followed; that closure of Orange Avenue from 7:15 a.m. to 2:15 p.m. will not solve the traffic problem. Mayor Pillot requested the Administration's recommendation. City Manager Sollenberger stated that the Administration recommends the following: 1. continue with Phase I barricade of Orange Avenue south of 35th Street and north of 32nd Street from 1:45 p.m. to 2:05 p.m. on school days, 2. require the School Board to install an "aesthetically pleasing" barricade for use during the 20-minute period of closure, and 3. direct the Administration to continue working with School Board Staff on continuing neighborhood concerns. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to authorize the Administration to close Orange Avenue from 32nd Street to 35th Street during school hours on school days consistent with the hours of operation for the school year 2000-2001 and adjust the hours as necessary. Commissioner Cardamone stated that Stafi's work is appreciated; that residents of the neighborhood near SHS do not complain about the closure of School Avenue nor the décor of the barricades; BOOK 47 Page 19680 06/05/00 6:00 P.M. BOOK 47 Page 19681 06/05/00 6:00 P.M. that the safety of the students outweighs any traffic nuisance to the neighborhood; that the closure of Orange Avenue will reduce unnecessary traffic and student delinquency at BHS; that the closure of Orange Avenue during school hours should receive the Commission's support. Vice Mayor Hogle concurred and stated that the Closure of Orange Avenue during school hours will result in decreased traffic to the neighborhood; that existing traffic on Orange Avenue will divert to US 301 or US 41 and not into the nearby neighborhood; that reservations were initially held about the Closure of School Avenue but changed to support for the closure of School Avenue as traffic in the SHS area significantly decreased; that the Closure of Orange Avenue during school hours will similarly safeguard the wellbeing of BHS students. Commissioner Quillin asked the source of funding for the Closure of Orange Avenue? City Manager Sollenberger stated that the Commission should request the Sarasota County School Board pay for the closure; that the School Board paid for the closure of School Avenue and would most likely do sO for Orange Avenue. Commissioner Cardamone, the maker of the motion, with the approval of Vice Mayor Hogle, as the seconder, amended the motion to recommend the Sarasota County School Board should pay for the installation of aesthetically pleasing barricades. Commissioner Mason stated that the welfare of the nearby neighborhood residents is neglected with the motion on the table; that City and School Staff and residents should be allowed more time to reach a resolution; that the importance of the safety of the students is not in dispute; that the Commission should consider the safety and concerns of both the students and residents; that the Commission should not favor one over the other. On motion of Commissioner Mason, it was moved to call the question. Motion died for lack of a second. Mayor Pillot stated that considerable concern and disagreement in the community existed prior to the closure of School Avenue; however, the community has voiced no complaints since the closure of School Avenue, including persons previously opposed to the closure; that added safety to SHS students significantly outweighs the slight inconvenience posed by the Closure of School Avenue; that the recommendations of Staff are respected, residents and various local organizations; that the closure of Orange Avenue is in the best interest of the City. Commissioner Quillin stated that the community has registered complaints; that traffic is a problem to the elderly, the families, and the children in the neighborhood near SHS; that the potential ramifications posed by the closure of Orange Avenue should be reconsidered; that the existing plan works; that the traffic signal in front of BHS sufficiently controls traffic and ensures the safety of the students Mayor Pillot called for a vote on the motion as amended to authorize the Administration to close Orange Avenue from 32nd Street to 35th Street during school hours on school days consistent with the hours of operation for the school year 2000- 2001 and adjust the hours as necessary and to recommend the Sarasota County School Board pay for the installation of aesthetically pleasing barricades. Motion carried (3 to 2) Cardamone, yes; Hogle, yes; Mason, no; Quillin, no; Pillot, yes. 16. UNFINISHED BUSINESS: REPORT RE: MID-BLOCK PEDESTRIAN CROSSWALK ON OSPREY AVENUE BETWEEN HILLVIEW STREET AND HYDE PARK STREET - POSTPONED UNTIL THE JULY 5, 2000, REGULAR COMMISSION MEETING (AGENDA ITEM VI-3) #4 (2090) through (2096) Mayor Pillot stated that the interested persons present in the audience requested Agenda Item No. VI-3 be postponed due to the late hour; that the consensus of the Commission is to postpone discussion until July 5, 2000, Regular Commission meeting. Commissioner Cardamone left the Chambers at 11:45 p.m. 17. UNFINISHED BUSINESS: REPORT RE: SARASOTA COUNTY STORMWATER CAPITAL IMPROVEMENT UPDATE FOR DRAINAGE PROJECTS WITHIN THE CITY OF SARASOTA = RECEIVED REPORT (AGENDA ITEM VI-4) #4 (2096) through (2833) Stephen Cork, Executive Director, Sarasota County Public Works Business Center, William Nichols, P.E., General Manager, Operations and Maintenance, Sarasota County Public Works Business Center, and Sandra Newell, P.E., Division Manager, Stormwater Planning, came before the Commission. Commissioner Cardamone returned to the Chambers at 11:57 p.m. Mr. Cork stated that the highlights of the Stormwater Planning program concerning current County projects will be provided; that a workshop can be scheduled in the future, if desired by the Commission. Commissioner Mason stated that the County's efforts concerning the Newtown Canal Project are appreciated. BOOK 47 Page 19682 06/05/00 6:00 P.M. BOOK 47 Page 19683 06/05/00 6:00 P.M. Ms. Newell displayed computer-generated slides throughout the presentation and stated that a bi-annual status report of the Sarasota County Stormwater Environmental Utility (SEU) Capital Improvement Program (CIP) for drainage projects within the City will be presented; that the Chapel Drive-Coastal Basin Project is a new capital improvements project to address structure and street flooding in the Indian Beach/Sapphire Shores area; that the Bahia Vista/Lockwood Ridge Floodplain Reclamation Phillippi Creek Project is progressing despite delays due to the extensive modeling efforts to account for all downstream and upstream impacts and the negotiation efforts with local property owners; that the County now owns 31 properties along Phillippi Creek through condemnation of the properties; that additionally, the acquisition of 24 properties was successfully negotiated prior to condemnation; that a Florida Communities Trust Grant of approximately $1 million was received for the acquisition effort; that a $450,000 Manasota Basin Board Grant will also be received for the project; that a public meeting for the project was held on April 13, 2000, and was well attended; that the interlocal agreement between the City and the County requires the project be substantially completed by September 2000; that the County is unable to meet the required date and is asking the City to extend the required date or amend the interlocal agreement; that the project will be advertised in November 2000; that construction will require a year if not longer; that the project will be completed by the first quarter of 2002; that the County added the business district to the East Avenue Hudson Bayou Update; that the projected 100-year floodplain was mapped; that nine structures which flood within the business district were identified; that 113 structures are subject to flooding within the Hudson Bayou Basin; that the Osprey-Ohio-Oak Project was added to the Hudson Bayou Project and pertains to structure and street flooding issues; that the Little Five Points - Hudson Bayou Project will be advertised for construction in August 2000; that the County continues to work with the United States Army Corps of Engineers (USACE) ; that 124 structures in the Whitaker Bayou which suffer from flooding and/or level of surface issues were identified to USACE; that the County submitted an expected damages report to USACE for resolution and expects to meet with USACE within four months to discuss the Whitaker Bayou Project; that USACE is a necessary part of the Whitaker Bayou Project; that the collaboration of USACE will yield several million dollars to the County for the development of the Whitaker Bayou Project; that short-term borrowings to be repaid by Whitaker Bayou assessments will pay for three projects within the Whitaker Bayou Project; that the amount of the assessments cannot be determined until a decision is made as to which projects will be funded; that an assessment should be implemented by the year 2002; that Staff is conducting several meetings to discuss funding for the St. Armands Project; that a Request for Proposal (RFP) will be issued to identify further funding options for the St. Armands Project and will produce designs for the project by the first of the fiscal year (FY) 2000/2001. Mr. Nichols referred to computed-generated slides and stated that the County recently completed the drainage operations portion of the Sarasota County Stormwater Strategic Maintenance Plan, which was presented in April 2000; that the Strategic Maintenance Plan details maintenance operations through a systematic business approach and will be expanded in the future; that an action plan assessing the unit costs, performance measures, and accounting costs will be developed; that numerous projects were recently completed including the renovation of the stormwater retention area at the Sarasota Conyention/Visitors Center; that efforts continue on several maintenance projects which are under design; that work continues at Bowman Court to remove, Clean and replace the bricks for the historical preservation effort; that work also continues at Dade Avenue and Alderman Street at 47th Street. Vice Mayor Hogle stated that County Staff worked with residents of the Goldenrod and Magnolia Streets area and resolved the stormwater concerns of residents. City Manager Sollenberger stated that the County performs well in addressing stormwater drainage issues; that the County is targeting and rectifying many of the City's historical stormwater problems. Mayor Pillot stated that the City appreciates the quality and quantity of the County's work. Commissioner Cardamone stated that the County's work is commended. 18. NEW BUSINESS: APPROVAL RE: PROPOSED RESOLUTION NO. O0R- 1278, AUTHORIZING A MEMORANDUM OF AGREEMENT AND EXPENSE AND INDEMNITY AGREEMENT WITH THE RINGLING SCHOOL OF ART AND DESIGN WITH RESPECT TO THE FINANCING AND REFINANCING OF THE COSTS OF CONSTRUCTING AND EQUIPPING CERTAIN EDUCATIONAL FACILITIES LOCATED WITHIN THE CITY AND AUTHORIZING THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE REFUNDING BONDS BY THE CITY IN AN AMOUNT NOT TO EXCEED $12,300,000 ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VII-1) #4 (2833) through (3090) City Manager Sollenberger stated that proposed Resolution No. O0R-1278 pertains to a Memorandum of Agreement and an Expense and Indemnity Agreement with the Ringling School of Art and Design (Ringling School, and concerns the financing and refinancing of the costs of the construction and equipping of certain eduçation facilities located within the City, and authorizes the issuance of Educational Facilities Revenue Refunding Bonds by the City in an amount not to exceed $12,300,000; that the City can issue bonds in BOOK 47 Page 19684 06/05/00 6:00 P.M. BOOK 47 Page 19685 06/05/00 6:00 P.M. recognition of the contribution the Ringling School makes to the City and community; that the issuance of bonds is the City's responsibility; that the County is not authorized to issue bonds for the benefit of the Ringling School. Gibson Mitchell, Director of Finance, Dr. Larry Thompson, President, Ringling School of Art and Design, and Duane Draper, law firm of Bryant, Miller, and Olive, P.A., bond counsel to the City, came before the Commission. Mr. Mitchell stated that in August 1996, the City issued $8.715 million in Education Facilities Revenue Bonds as conduit financing for the Ringling School; that the Ringling School made application to the City to issue approximately $12.3 million in Education Facilities Revenue Refunding Bonds to refund the old bonds and construct certain education facilities located within the Cityi that the City Attorney, the City's bond counsel, and other Staff reviewed and approved the application; that Ringling School proposes to renovate a technology center for $1.2 million, to build the Hickory-Hills Condominium for student housing for $500,000, to acquire an assisted-living facility for $750,000, to renovate the Keating Center for $300,000, and to purchase computer equipment for educational and administration purposes for $1.25 million; that Ringling School will pay the issuance costs of the bond transaction totaling $66,000 payable at closing; that the proposed resolution authorizes the formal notice of a public hearing scheduled for the July 5, 2000, Regular Commission meeting, at which time Staff will submit all necessary documents for the issuance of the bonds. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. O0R-1278 authorizing a Memorandum of Agreement and Expense and Indemnity Agreement with the Ringling School of Art and Design for the financing and refinancing of the costs of constructing and equipping certain educational facilities located within the City and authorizing the issuance of Educational Facilities Revenue Refunding Bonds by the City in an amount not to exceed $12,300,000. City Auditor and Clerk Robinson read Resolution No. O0R-1278 by title only. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to adopt Resolution No. O0R-1278. 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; Quillin, yes; Pillot, yes. 19. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE STAFF TO IMPLEMENT THE GILLESPIE PARK NEIGHBORHOOD ACTION STRATEGY (NAS) PLAN = APPROVED (AGENDA ITEM VII-2) #4 (3090) through (3475) City Manager Sollenberger stated that the Neighborhood Action Strategy (NAS) Plan for the Gillespie Park neighborhood was discussed at the June 5, 2000, Commission Workshop and is being presented for formal Commission action. The following person came before the Commission: Charles Kevin Senf, 2346 Pelican Drive (34237), stated that the existence of a master plan for traffic calming is surprising; that Staff did not consult the residents of the neighborhood; that residents were not aware of the intended traffic calming; that the neighborhood association does not represent many of the rèsidents; that residents signed a petition to decertify the neighborhood association, which claimed representation of the residents' interests; that more than 900 properties exist in the Northeast Sarasota neighborhood. Mayor Pillot asked the pertinence of the comments to Agenda Item VII-2? Mr. Senf stated that the situation currently facing the Gillespie Park neighborhood is similar to the one previously facing the Northeast Sarasota neighborhood. Mayor Pillot stated that the comments are not pertinent to Agenda Item VII-2; that the comments could have been made during Citizens' Input; that Mr. Senf is invited to return to another Regular Commission meeting, at which the discussion may: be relevant to Mr. Senf's concerns. Linda Holland, President, Coalition of City Neighborhood Associations (CCNA), 617 Gillespie Avenue (34236), deferred from speaking. City Manager Sollenberger stated that the Administration recommends approval of the Gillespie Park Neighborhood Action Strategy (NAS) and authorizing Staff to implement the plan. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to approve the Gillespie Park Neighborhood Action Strategy Plan and authorize Staff to implement the plan. Commissioner Cardamone stated that the accomplishments of the Staff of the Neighborhood Planning Department are appreciated; that Staff delivered upon the projected deadlines. BOOK 47 Page 19686 06/05/00 6:00 P.M. BOOK 47 Page 19687 06/05/00 6:00 P.M. Commissioner Quillin stated that similar efforts should be undertaken in other neighborhoods; that Ordinance No. 88-3256 creating the Gillespie Park Neighborhood Improvement District was passed in 1988 to assist in obtaining funding for many of the projects identified in the current Gillespie Park NAS Plan; that Ordinance No. 88-3256 authorized the residents of the neighborhood to implement self-taxing; that similar ordinances should be tied to all "walk-to-town" neighborhoods. Mayor Pillot called for a vote on the motion to approve the Gillespie Park NAS Plan and authorize the Staff to implement the plan. Motion carried unanimously (5 to 0) : Quillin, yesi Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 20. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (3475) There were no Commission Board or Committee reports. 21. OTHER MATTERS /ADMINISTRATIVE OFFICERS DIRECTED A LETTER REQUESTING A PUBLIC HEARING CONCERNING THE RINGLING CAUSEWAY BRIDGE REPLACEMENT BE DRAFTED FOR SUBMISSION TO THE UNITED STATES COAST GUARD (AGENDA ITEM XI) #4 (3475) through (3666) CITY ATTORNEY TAYLOR: : A. stated that the United States Coast Guard (Coast Guard) has published notice that the Florida Department of Transportation (FDOT) has applied to replace the Ringling Causeway Bridge; that any comments must be received by the Coast Guard's Miami Office by June 8, 2000; and referred to a letter dated June 2, 2000, from David Levin, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, offering two suggestions: 1. submit a letter to the Coast Guard noting the environmental impacts of the replacement project; or 2. request the Coast Guard convene a public hearing in the City as substantial issues exist concerning the effect of the proposed replacement project upon the human environment and the reasonable needs of navigation. Commissioner Quillin stated that the Commission should submit a letter incorporating suggestion 1 or 2 to the Coast Guard; that the letter should be available for Commission review before submission. Mayor Pillot stated that personal letters from Commissioners were sent; that a letter from the Commission to the Coast Guard would be of significant benefit; and asked if the letter could be drafted and made available by June 6, 2000? City Attorney Taylor stated yes; that Attorney Levin's intent was to ensure a public hearing be held before any decisions are implemented. Mayor Pillot asked the time the letter would be made available for review? City Attorney Taylor stated that an itemized analysis of each of the over 200 issues would not be available for some time; that a shorter letter could be drafted for immediate review and could indicate the following: The City of Sarasota respectfully requests that the United States Coast Guard convene a public hearing in the City of Sarasota because there exists substantial issues concerning the effect of the proposed replacement project upon the human environment and the reasonable needs of navigation. Mayor Pillot stated that hearing the Commission's agreement, a letter requesting a public hearing concerning the Ringling Causeway Bridge replacement will be drafted to submit to the United States Coast Guard's Miami Office. 22. ADJOURN (AGENDA ITEM XII) #4 (3666) h GENE M. PILLOT, MAYOR ATTEST: SOTA dRie luns a I L 46 RBINSON, CITY AUDITOR AND CLERK a - 90 BOOK 47 Page 19688 06/05/00 6:00 P.M.