BOOK 47 Page 19543 05/01/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 1, 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, Deputy City Manager V. Peter Schneider, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : City Manager David R. Sollenberger PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR APRIL 2000, JAMES W. WEST, LANDSCAPE MAINTENANCE SUPERVISOR, PUBLIC WORKS #1 (0030) through (0192) Mayor Pillot requested that William Hallisey, Director of Public Works, and James West, Landscape Maintenance Supervisor, join him before the Commission. Mr. Hallisey stated that Mr. West has been with the City only 18 months but has made a significant impact on the City and has distinguished himself by his leadership; that the presence of the Landscape Maintenance crew in the audience is testimony to Mr. West's character; that Mr. West has an infectious attitude which permeates the organization, has worked with the community, Keep Sarasota Beautiful, the Roy McBean Boys and Girls Club of Sarasota, and the volunteers in Gillespie Park, and is a family man; that Mr. West's efforts are appreciated. Mayor Pillot stated that many telephone calls and other communications from satisfied and unsatisfied members of the public are received; that no negative complaints, only positive comments, have been received concerning landscape maintenance; that the positive impact is due to the leadership of Mr. West and those who work in the Landscape Maintenance Department; presented Mr. West with a City-logo watch, a plaque, and a certificate as the April 2000 Employee of the Month in appreciation of his unique performance with the City of Sarasota; congratulated him for the achievement; and thanked him for the outstanding efforts. Mr. West stated that the presence in the audience of the Landscape Maintenance crew, who made the recognition possible, is appreciated; and recognized the following family members present in the audience: Donna, wife; Jason and Nick, sons; and Marie, mother. Mayor Pillot stated that elaboration of the process for selection of Employee of the Month would be appreciated for the benefit of the public. Deputy City Manager Schneider stated that employees are nominated by co-workers to receive the Baploye-of-the-onch award; that the program is based on internal recognition by co-workers, adding to the program's credibility. Mayor Pillot stated that the excellent turnout of Mr. West's cO- workers is appreciated; that the show of support contributes greatly to the spirit of the City. 2. PRESENTATION RE: PROCLAIMING THE WEEK OF JUNE 5 THROUGH JUNE 9, 2000 AS "FLOOD AWARENESS WEEK IN THE CITY OF SARASOTA" - APPROVED PROCLAMATION #1 (0193) through (0313) Mayor Pillot requested that Timothy Litchet, Director of Building, Zoning and Code Enforcement, join him before the Commission. Mayor Pillot stated that Mr. Litchet is a representative of the City and the Department most concerned with the conditions of City residences and other structures; that numerous mitigation methods are available to property owners to reduce the flood risk and potential flood damage to personal property; and read the "Flood Awareness Week in the City of Sarasota" Proclamation in its entirety. On the motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to approve the Proclamation designating the week of June 5 through June 9, 2000, as "Flood Awareness Week in the City of Sarasota. I Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot presented Mr. Litchet with the Proclamation. Mr. Litchet stated that the City works closely with Sarasota County to increase flood awareness as part of the program for "Flood Awareness Week, n during which different activities and workshops will be publicized in newspapers and other publication sources; that the City encourages interested citizens to contact the Building Department to schedule an appointment concerning mitigating flood potential in personal residences or neighborhoods; that the City is working on numerous ordinances BOOK 47 Page 19544 05/01/00 6:00 P.M. BOOK 47 Page 19545 05/01/00 6:00 P.M. with the County's Stormwater Environmental Utility (SEU) to continue to lessen flooding risks. Mayor Pillot stated that rain is desired but not flood-type rain. 3. PRESENTATION RE: UPDATE ON THE STATUS OF THE COUNTYWIDE PROGRAM TO PROTECT ENVIROAMENTALLY SENSITIVE LANDS #1 (0314) through (0511) Jono Miller, Chairman, Sarasota County Environmentally Sensitive Lands Oversight Committee, and Gary Comp, General Manager, Natural Resources for Sarasota County, came before the Commission. Mr. Miller stated that in the 1970s and 1980s the City of Sarasota and Sarasota County performed many ad hoc land acquisitions in the eastern part of Sarasota County, frequently surrounded by a crisis atmosphere with no planning or system to take advantage of tax dollars sent to the State and disbursed in other counties; that in 1992, the County created the Environmentally Sensitive Lands Advisory Committee, which worked for 6 years to identify sites within the County that are environmentally sensitive and mapped all the native habitats; that the five criteria used to identify particular sites are: 1) rarity, 2) condition of site, 3) connection of site to native habitat, publicly owned or otherwise protected land, 4) manageability, and 5) water resources; that land owners of eligible sites were contacted to verify volunteer cooperation with the County; that by the summer of 1998, a report identifying 82 land owners at 18 different sites who were willing to work with the County was adopted by the County Commission; that two referenda concerning environmentally, sensitive lands and a funding strategy were placed on the ballot in January 1999 by the County Commission and passed in March 2000 by a 2-to-1 vote; that the City Commission is appreciated for supporting and endorsing the two referenda. Mr. Comp distributed maps of environmentally sensitive lands currently on the Committee's Protection Priority List (Priority List) and stated that the City Commission is appreciated for supporting the two referenda and allowing time for the Committee's update concerning the Countywide program; that one referendum referenced authorized the County Commission to increase property taxes up to 0.25 mills each year for the purpose of acquiring or otherwise protecting environmentally sensitive land which, with the current assessed values, will raise $5 million each yeari that an estimated $100 million will be acquired during the life of the program; that up to $53 million can be bonded to purchase properties sooner than the 20- year life of the program; that the Environmentally Sensitive Oversight Committee was formed shortly after the referenda were passed to provide a citizens' advisory group the opportunity to review the sites, reaffirm the lands are environmentally sensitive and should be on the Priority List, and advise the County Commission on how to proceed with the program; that the County Commission has reviewed and affirmed approximately 18 sites representing 36,000 acres Countywide and constituting about 80 parcels; that the Priority List is dynamic and subject to change; that some property has been since developed; that an additional property has been added to the Priority List after going through review by the Advisory Committee; that in November 1999 an acquisition agent was hired, who has contacted the property owners on the Priority List to reaffirm the owners' interest in the program; that appraisals have been completed for half the sites denoting the quick pace of the program; that the County was very fortunate this past year to receive $2.2 million in matching funds from the Florida Communities Trust (FCT) for the North River Road and Lemon Bay Preserve sites; that each site is approximately 400 acres; that another application will be made for FCT Grants for the Curry Creek and Manasota Scrub sites; that no properties within the City limits currently qualify for the Priority List; that the City is encouraged to contact the Advisory Committee if any City properties may be eligible for inclusion; that the permission of the Commission to present the update is appreciated. Commissioner Quillin asked if a timeline has been established for the acquisition of lands? Mr. Comp stated that no timeline has been created; that the length of the program is 20 years; that acquisition of the first property is expected within the next two months; that the North River Road and Lemon Bay Preserve properties are currently under negotiations but are not expected to be the first. sites acquired. Mayor Pillot stated that the report is appreciated. 4. PRESENTATION RE: ACTIVITY REPORTS FROM THE PUBLIC WORKS DEPARTMENT LANDSCAPE MAINTENANCE AND CUSTOMER SERVICE TASK TEAM #1 (0512) through (1555) Mayor Pillot stated that the report is from the Public Works Department Landscape Maintenance and Customer Service Task Team. William Hallisey, Director of Public Works, came before the Commission and introduced the following members of the Customer Service Task Team: Duane Mountain, Deputy Director of Public Works and Team Leader, Maggie Sumney, Total Quality Manager and Team Member, Dale Haas, Manager of the Technical Services BOOK 47 Page 19546 05/01/00 6:00 P.M. BOOK 47 Page 19547 05/01/00 6:00 P.M. Division and Team Member, Andrew St. John, Senior Foreman of the Utilities Division and Team Member, and Rafael Perez, Senior Water Treatment Plant Operator and Team Member. Computer-generated slides were displayed throughout the presentation. Mr. Hallisey stated that in 1998, the City Manager established a goal for Public Works to institute a strong customer service focus in the delivery of services; that Public Works was picked due to the high profile services provided; that the services provided reflect the City government as a whole to the residents; that the goal to develop a Task Team was achieved with the assistance of the efforts of Ms. Sumney; that the Task Team was established to improve existing services; that Theresa Witkowski, Customer Service Clerk in the Customer Billing Office and Team Member, is expecting a child and unable to attend. Ms. Sumney stated that the opportunity to assist the Task Team with the Customer Service Survey was a pleasure; that the survey was issued to assess the level of customer service by the Department and focused on the services of Solid Waste, Recycling, Customer Billing, Landscape Maintenance, Street Maintenance, Utilities, and After-Hours Services; that for the past two years, the Department has maintained over an 80 percent rating in the Excellent/Good Category. Mr. Mountain stated that the Division of Public Works has various methods for improving service; that Solid Waste added a new Customer Service Representative after Jesse Hubbard retired; that the new Customer Service Representative is receiving additional training, has completed several classes, and is doing an excellent job; that all notices to customers are bi-lingual mailers in English and Spanish; that the most important aspect of the program is communication; that the recycling routes are being rerouted to achieve more efficient production; that the City has a contract with Browning Ferris Industries of Florida (BFI) to pick up recyclables, bulk materials such as refrigerators and furniture, and yard waste; that the Department is working with BFI to establish local management sO customers have a point of contact at BFI. Mayor Pillot asked if the City Staff picks up all other garbage and waste. Mr. Mountain stated yes; that employee training is very important to the Department; that Manatee Community College (MCC) has provided training to all Staff in the Customer Billing Office as well as two other employees from the Public Works Department; that the Customer Billing Office has initiated payment by credit card, providing convenience to the customer and ensuring payments are credited to the City's account immediately; that lockbox payments provide an immediate credit to the City; that a lockbox payment is defined as a place of business to which payments are sent and a bank or company issues the credit to the City's account, reducing the number of Staff hours spent on opening envelopes and recording payments in the ledger; that on-line registers provide an immediate transaction, reducing the risk of the City's turning off a customer's utilities; that instantaneous recording on the Financial Management System (FMS) is good for the customer as well as the City; that Landscape Maintenance has added five new Landscape Technicians; that Phase One of the Resurfacing Program is complete; that Phase Two will begin in the Summer of 2000; that the paving completed in the downtown area has improved the streets; that a sidewalk replacement contract is presently out for bids sO the sidewalks can be completed more expeditiously; that the Department completes the smaller repairs immediately; however, the larger repairs will be completed by a contractor; that an effort is being made to send all employees to the Public Works Academy at Sarasota County Technical Institute (SCTI) to learn all aspects of Public Works. Mr. St. John stated that the areas of improvement in Utilities operations are training, technology and customer service; that training improvements were made through the Public Works Academy which offers a broad-based review of all services of the Public Works Department and skill-based training specific to employees job responsibilities; that technology improvements were made through brass saddle replacement water main taps which eliminates low pressure complaints, installation of breakaway fire hydrants which eliminate damage to the water main if hit, and sewer clean- out installation in the public right-of-way which eliminates unnecessary digging and helps to resolve sewer back-up complaints quickly; that customer service is improved with the addition of door tags providing direct contact with customers concerning specific work at the residence or in the neighborhood; that door tags contain a number sO a customer can contact a knowledgeable individual who can answer questions. Mr. Perez stated that the Task Team is pleased with the results of most recent surveyi that overall customer satisfaction with After-Hours Services increased; that the Department will continue to strive to provide quality customer service in hopes of achieving an even higher rating; that plans are being implemented to answer the phone by the third ring, install a multi-line telephone system to assist more than one customer at a time, provide cordless phones or cell phones to individuals away from workstations to prevent delayed or missed customer calls, print the emergency telephone number on the monthly bills, and minimize confusion in the phone directory by printing department names and phone numbers in bold. BOOK 47 Page 19548 05/01/00 6:00 P.M. BOOK 47 Page 19549 05/01/00 6:00 P.M. Ms. Sumney stated that the Task Team is committed to continuing quality customer service; that the Department will strive to better the community through communication, service, training and technology which can be remembered with the acronym CSTT which also stands for Customer Service Task Team; that the Task Team should be thanked for the excellent job done during the past two years; that the Team appreciates the permission of the Commission to present the survey results. Deputy City Manager Schneider stated that the Administration thanks and commends the entire Public Works Customer Service Task Team for their efforts; that the survey is a model for determining benchmarks which can be utilized in the upcoming development of a Strategic Plan. Commissioner Cardamone stated that the survey is a wonderful example of the way government should operate and has provided education to the public resulting in reduced phone calls concerning services or problems; that results of the survey are excellent and are as high as is rarely seen; that the survey will make the City known as a City which cares. Commissioner Mason stated that the report and printing the After- Hours Services phone number on the water bill are appreciated. Commissioner Quillin stated that the Public Works Department has grown incredibly over the past few years; that people around the community appreciate the diligent efforts of Public Works Staff; that the Public Works Department is letting people know their concerns are heard and problems are solved, down to the smallest detail. Vice Mayor Hogle stated that the efforts of the Public Works Department are appreciated. Mayor Pillot stated that the only negative complaint received in the area of Public Works was the result of a BFI truck backing into his wife's car. Mr. Hallisey stated that an update on progress in the landscape maintenance area will be presented; that an increased emphasis has been placed on landscape maintenance over the past yeari that landscape maintenance contributes to the attractiveness, cleanliness and aesthetics of the City; that in the fiscal year (FY) 1999/2000 operating budget, the Commission funded the addition of five Landscape Maintenance Technicians to achieve an enhanced level of service; that an enhanced level of service has been achieved by providing seven-day-a-week service, mowing more trequently, applying mulch three times annually, responding to and correcting accidents and vandalism within 24 hours, and maintaining in-house construction capability. James West, Landscape Maintenance Supervisor, came before the Commission and stated that the US 41 medians were enhanced starting at University Parkway and working south, completing each median separately, reconstructing irrigation and installing drought-tolerant plant material, and adding color to enhance beauty; that jasmine was removed and sod was added in the Bradenton Road medians; that the shop owners on Main Street were concerned about foot traffic ruining plant material so landscape rocks and larger plant material were added, as well as pots and perennials for color. Mayor Pillot stated that since the enhancements on Main Street, individuals have requested additional landscape maintenance improvements along the street. Mr. West stated that additional improvements for the Main Street area are being made; that the Beardsworth Memorial on St. Armands Key was completely re-landscaped, that the Roy McBean Boys and Girls Club of Sarasota and the Boys and Girls Club on Fruitville Road staged a design competition with instruction from the Landscape Maintenance Staff in planting perennials and creating butterfly gardens; that the hedge at Ed Smith Stadium was very unattractive so Staff made improvements by planting red oleanders to match the color of the Cincinnati Reds; that Staff followed the Crime Prevention Through Environmental Design (CPTED) program to prune canopy trees sO street lights would be more effective, resulting in reduced drug traffic; that Lift Station 7 on Pomelo Avenue received a wooden fence; that plant material was added to grow and potentially cover the fence; that new construction projects currently underway are Links Plaza and the Renaissance of Sarasota, Inc.; that at the end of construction, Landscape Maintenance will take over maintaining the public rights-of-way; that construction projects which have been completed are the Civic Center, Stottlemeyer Pond, City Hall, and street trees on Gulf Stream Avenue. Mr. Hallisey stated that the presentation has a reoccurring theme of training; that the goal of the Department is to raise the abilities and skills of Staff; that Staff in the field of Public Works do not necessarily receive training so the Public Works Academy was established with the assistance of SCTI; that a program has been developed to create Certified Landscape Technicians through the Florida Nurserymen and Growers Association (FNGA) i that five employees have completed modules leading to certification; that career ladders were authorized to enable employees to move ahead in a position once certified; that training leads to certification, providing the public confidence in the skills and abilities of City Staff; that the Fruitville Road medians are approximately 50 percent complete and have been upgraded from Orange Avenue to US 301; that Central Avenue will be receiving an upgrade due to the foot traffic in the medians; that the Department has been working with some neighborhoods and BOOK 47 Page 19550 05/01/00 6:00 P.M. BOOK 47 Page 19551 05/01/00 6:00 P.M. the Department of Neighborhood Development to implement landscape initiative strategies in Park East; that 82.5 percent of customers think the City is doing an excellent to good job in maintaining the City's landscape according to the surveyi that expectations have been raised; that the survey will yield even higher results next year; that recently the City received the Civic Beautification Award from the Sarasota Garden Club; that the Commission's time and permission for allowing the presentation to indicate the City's investment is appreciated. Mayor Pillot stated that the report was excellent and worth the Commission's time; that the report increased the knowledge of and appreciation for the Department. Commissioner Cardamone asked if the City is contracting the landscape maintenance at City Hall and other properties to an outside organization. Mr. Hallisey stated that new landscaping is maintained for 90 days by the contractor; that maintenance is subsequently transferred to the City. Commissioner Cardamone stated that the landscaping is looking nice in the City; that raising the bar in one area necessitates increasing efforts in other areas, creating victims of successi that congratulations are due Staff for the work completed in the median near the Garden Club; that receiving the Civic Beautification Award at the Garden Club was especially pleasing due to the outstanding median nearby; that the City looks wonderful; that North Tamiami Trail has never looked as nice; that rains will necessitate increased maintenance; that Staff's orange shirts should identify certification to give the public a concept of the efforts being made; that for the benefit of the public, the Millennium Tree Program's goal of planting 2,000 trees is measured by a sign outside City Hall with a leaf for every tree planted in the City; that so far 1,050 trees have been planted in the City; that the City will reach the Program's goal; that the trees are thriving with the irrigation trucks; that the efforts of Staff are appreciated. Commissioner Mason stated that residents in the Central Avenue area are ecstatic about the tree trimming which provides increased lighting; that thanks are in order. Commissioner Quillin stated that xeroscape and color is being used; that the City will be a leader in promoting xeroscaping; that Staff has attended many events downtown and been courteous to the public and provided answers to questions; that thanks are due the Staff for making the City a very friendly place. Mr. West stated that xeroscaping utilizes plant material which survives with less water. Mayor Pillot stated that xeroscaping is beneficial to homeowners and asked if members of the public can obtain additional information about xeroscaping? Mr. West stated that information can be obtained by contacting the Public Works Department. Mayor Pillot stated that local nurseries also have information about xeroscape. Commissioner Cardamone stated that the Sarasota Bay National Estuary Program (SBNEP), which sponsors the Certified Florida Yard Program, and the Agricultural Extension Service have booklets and pamphlets; that the landscaping around City Hall and in the medians can be emulated at home; ; that the watering restrictions will impact green grass around the City. Mayor Pillot stated that an 82.5 percent satisfaction rating of excellent to good for any public governmental agency is exceptional; that Staff will no doubt strive to excel in the future; that the attendance of Staff in the audience is appreciated. 5. PRESENTATION RE: STATUS REPORT ON THE FOLLOWING MATTERS: 1) HISTORY OF FLORIDA DEPARTMENT OF TRANSPORTATION. (FDOT) MAINTENANCE OF BRIDGE; 2) STATUS OF FDOT PROGRESS ON DESIGN OF NEW BRIDGE; 3) FDOT FILING FOR COAST GUARD ACTION TO APPROVE BRIDGE HEIGHT - DIRECTED THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO DEVELOP AN INFORMATIONAL REPORT FOR DISTRIBUTION TO THE PUBLIC #1 (1556) through (2907) Mayor Pillot stated that a status report concerning the history of the maintenance of the Ringling Causeway Bridge by the Florida Department of Transportation (FDOT), the status of FDOT progress on design of a new bridge, and FDOT filing for US Coast Guard action to approve bridge height will be presented. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the plans for the two land ends of the bridge are over 60 percent complete; that the project is gauged by 30-60-90-100 percent completion for reporting on plan status; that the plans for the bridge structure are 30 percent complete; that 90 percent plans will be submitted in approximately 6 weeks; that the bridge design has continued steadily since the last report to the Commission; that the Application for Approval of the Vertical Clearance of 65 feet has been submitted to the Coast Guard which requires no additional data for a decision; that FDOT does not know the date by which BOOK 47 Page 19552 05/01/00 6:00 P.M. BOOK 47 Page 19553 05/01/00 6:00 P.M. the Coast Guard will render a decision on the Application; that a decision to approve or deny a permit for the bridge is open for public comment. Commissioner Cardamone asked if public hearings rather than public comments are required. Mr. Daughters stated that no information is available as to the type of public input received by the Coast Guard. Commissioner Cardamone asked if the Coast Guard will be ready to move ahead in August 2000? Mr. Daughters stated that no information is available as to the status of the Coast Guard's decision; that FDOT is not aware of any date for decision by the Coast Guard. Commissioner Mason stated that FDOT is working on the design plans; that progress has not stopped. Mr. Daughters stated that work on the project is continuing. Commissioner Quillin stated that before the City filed a legal challenge, the FDOT continued the process of designing the bridge and has not stopped any part of the process. Mr. Daughter stated that the 30 percent plans for the two land ends were completed 2 years ago; that the 60 percent plans for the two land ends have also been completed. Commissioner Quillin stated that the plans for the two land ends must be completed before a permit for the bridge is issued; that as the Commission has been following through processes for the bridge, the FDOT has also been following through with plans for building a 65-foot bridge. Mr. Daughters stated that FDOT had to complete the bridge structure plans to a sufficient stage before submitting to the Coast Guard for a permit. Commissioner Cardamone stated that the Commission and City have been wrongly as well as harshly criticized for delaying construction of the proposed bridge; that FDOT has continued the designing and engineering of the bridge since the ending of the design charrette held in January and March 1997; that the lawsuit against FDOT has not affected the continued design and engineering of the bridge; that the public should understand the time necessary for designing and engineering a bridge; that the design for the bridge is beautiful and unique to Sarasota Bay; that the design work has not slowed since the public's involvement in the charrette. Commissioner Quillin asked if a time frame for breaking ground after receiving the permit is available? Mr. Daughters stated that once FDOT obtains a permit, the 100 percent design stage will be implemented which requires approximately a month; that FDOT has an extensive bidding process requiring months followed by a lengthy award process; that a time frame for breaking ground after receiving a permit is 8 months. Commissioner Quillin asked if a conservative estimate in the City's current situation for groundbreaking is 3 years. Mr. Daughters stated that groundbreaking could occur within the year or sooner; that the time frame is based mainly on the issuance of the permit by the Coast Guard. Commissioner Cardamone asked if a time frame for ribbon cutting is available if building begins within the year. Mr. Daughters stated that an estimated time frame for completion is 2 to 3 years. Commissioner Cardamone stated that a period of 3 to 4 years had been indicated previously. Mayor Pillot asked if additional time will be added to the design phase if the height of the bridge is changed from 65 feet to an increased height. Mr. Daughters stated that work already completed in the design phase is reusable; that an estimated time frame would be not less than 6 months and up to an additional year. Commissioner Cardamone stated that FDOT previously indicated to the Commission that a change in bridge height would not necessitate restarting the approval process; however, the FDOT Deputy Secretary refuted the claim indicating a new process is necessary due to significant changes in the dynamics of the bridge. Mayor Pillot stated that due to the prediction of a 3-year waiting period to ribbon cutting, the Commission should move on to the topic of maintenance. Mr. Daughters stated that Federal law requires annual inspections of all bridges; that a Bridge Inspection Report has been prepared regarding all State bridges including the Ringling Causeway Bridge; that four Scour Evaluation Reports were undertaken from August 31 to September 12, 1997, due to a concern identified by a Bridge Inspection Report; that FDOT acquired the services of another consulting engineer to review everything completed to date to determine if maintenance recommendations were appropriate and BOOK 47 Page 19554 05/01/00 6:00 P.M. BOOK 47 Page 19555 05/01/00 6:00 P.M. to review structural integrity, electrical, and operating mechanical features as well as scour; that three recommendations for repairs over the life of the bridge were made; that bridge pilings driven into the ground are anchored by sediment; that tidal action can move the sediment causing instability which is known as scour; that a repair schedule to counter the effects of scour was determined by FDOT. Commissioner Quillin asked if the cost for each plan of repair offered in the report is available? Mr. Daughters referred to the EC Driver and Associates, Inc., report entitled "Ringling Causeway (Bascule) Bridge (Bridge No. 170021) Condition Assessment and Capital Cost Development Study" (EC Driver Report) of October 22, 1997, indicating the following costs to restore the bridge: Rehabilitation Capital Costs Alternative 1 (5 year) : $2,100,000 Alternative 2 (15 year) : $8,200,000 Alternative 3 (25 year) : $10,400,000 Mr. Daughters quoted the EC Driver report as follows: Alternative 3: In addition to the repairs identified in Alternatives 1 and 2, perform more extensive repairs necessary to extend the service life of the bridge in a safe and reliable condition for twenty-five (25) years. At the end of this time, construct a replacement bridge with an estimated service life of seventy-five (75) years. Mr. Daughters continued that the bridge is currently being repaired with the 5-year alternative which consists of placing rock and pile jackets around the pilings to prevent scour, replacing electrical components without major disruption to traffic, and replacing deteriorating timbers; that work remaining includes minor touch up to the paint; that FDOT is working with a contractor to renovate the live-load shoes on the draw stand; that FDOT resumed bridge tending which was previously performed by a contractor; that some lane closures are expected in the future; that the project will conclude in the summer of 2000. Commissioner Cardamone stated that the reports and minutes of Commission meetings are available to the public; that FDOT has completed the minimal amount of repairs to ensure a 5-year life of the bridge; that the safety of the bridge is not guaranteed if a 100-year storm should hit the City area; that a 100-year storm, or a 1 percent storm, consists of winds and rains which produce scouring, resulting in some pilings not having enough sediment to keep the bridge secure; that misleading the public to believe the . bridge is safe and not repairing a bridge to handle the eventuality of a 1 percent storm is criminal; that the repairs being made are primarily cosmetic and quoted the EC Driver report as follows: Only repairs necessary to maintain the bridge in a structurally safe condition or that are visible to the general public and necessary to convey to appearance of structural integrity are included in Alternative 1. Commissioner Cardamone continued that the public is still at risk and is not getting a better repair job; that the report was published in 1997 and is just recently getting results; that the Commission and Staff have taken abuse from an uncivil public regarding the status of the Ringling Causeway Bridge which is unacceptable; that the Commission has made efforts to ensure the public's safety. Commissioner Quillin stated that the 3-year period between publishing the report and repair efforts indicates the slow speed at which FDOT operates; that the manner in which FDOT has handled the repairs is frightening; that over the last 10 years, the level of repair work on the bridge has resulted in concerni that the City should develop an Historical Data Sheet outlining the status of the bridge and repairs; that the 1997 report is available to the public; that the City has no control over the repairs and has not hampered FDOT's progress in designing the bridge; that employees at City Hall should not be abused concerning the bridge issue; that the bridge should be safe for all who use the structure; that pedestrians should be warned during construction against crossing the bridge. Deputy City Manager Schneider stated that the City will develop an informative report concerning the status of the bridge. Commissioner Cardamone asked the reason for the difficulty of obtaining earlier inspection reports of the bridge. Mr. Daughters stated that the records are available and will eventually be sent to the City. Mayor Pillot stated that hearing the Commission's agreement, the Administration and the City Attorney's Office will develop an informational report for distribution to the public. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (2908) through (2936) City Auditor and Clerk Robinson presented the following Changès to the Orders of the Day: BOOK 47 Page 19556 05/01/00 6:00 P.M. BOOK 47 Page 19557 05/01/00 6:00 P.M. A. Remove Unfinished Business, Item No. VI-2, Approval Re: Habitat for Humanity funding request, per the request of Judson Boedecker as agreed by City Manager Sollenberger. On motion of Commissioner Mason 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. 7. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 17, 2000 - APPROVED (AGENDA ITEM I) #1 (2937) through (2944) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the April 17, 2000, Regular Commission meeting are approved as submitted by unanimous consent. 8. BOARD ACTIONS: : AD HOC COMMERCIAL VEHICLE COMMITTEE REPORT, CONCERNING ZONING CODE AMENDMENT APPLICATION NO. 00-ZTA-03 REGULATING PARKING OF COMMERCIAL VEHICLES AND COMMERCIAL TRAILERS IN RESIDENTIAL ZONE DISTRICT (AGENDA ITEM II-1) AGREED TO SCHEDULE A WORKSHOP; RECEIVED REPORT #1 (2945) through (3312) Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and introduced the following members of the Ad Hoc Commercial Vehicle Committee: Linda Holland, representing neighborhoods; Mark Collins, Owner, Unique Tree and Lawn, representing the landscaping industry; Joseph Moraca, representing neighborhoods; Don Gilliland, Office Manager, Unique Air, representing the trades; and Jay Brady, Executive Director, Gulf Coast Builders Exchange, representing the building industry. Mr. Litchet stated that at the July 6, 1999, Commission workshop, proposed Ordinance No. 99-4121 regarding parking of commercial vehicles in residential zone districts was presented and discussed; that the Commission referred the matter to Staff and directed the formation of an Ad Hoc Committee to revise Ordinance No. 99-4121 for the Commission's consideration; that the Committee met for a 5-month period and proposed changes to portions of the proposed ordinance; that at its March 1, 2000, Regular meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously to find Zoning Text Amendment No. 00-ZTA-03 as incorporated in proposed Ordinance No. 99-4121 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), however voted 3 to 2 not to recommend Commission adoption of proposed Ordinance No. 99-4121; that the Committee suggests scheduling a Commission workshop regarding commercial vehicles in residential zone districts to discuss concerns. Ms. Holland stated that the Committee met on April 25, 2000, and decided Eurther discussion with the Commission is necessary. Mayor Pillot stated that hearing the Commission's agreement, a workshop will be scheduled. Commissioner Quillin stated that concerns addressed at the PBLP public hearing and of the Committee should be listed; that regulations concerning types of commercial vehicles permitted should be established to help working-class neighborhoods. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to receive the report of the Ad Hoc Commercial Vehicle Committee and schedule proposed Ordinance No. 99-4121 for a workshop. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 9. BOARD ACTIONS : HISTORIC PRESERVATION BOARD'S REPORTS OF MARCH 14, 2000 AND APRIL 11, 2000 APPROVED THE APPROPRIATION OF $6,000 FROM THE HISTORIC PRESERVATION DEMOLITION FUND TO OBTAIN PROFESSIONAL CONSULTANT SERVICES TO COMPLETE A NOMINATION FOR THE CREATION OF AN OVERTOWN NATIONAL REGISTER HISTORIC DISTRICT; RECEIVED REPORT (AGENDA ITEM II-1) #1 (3313) through 2 (0310) Christopher Wenzel, Chairman of the Historic Preservation Board, and Jane Robinson, Director of Planning and Development, came before the Commission. Mr. Wenzel stated that at its March 14 and April 11, 2000, Regular meetings, the Historic Preservation Board's nomination of the Overtown Historic District to the National Register of Historic Places was discussed; that at its March 14, 2000, Regular meeting, the Board unanimously voted to recommend Commission approval of a Request for Proposal (RFP) with an expense of $4,500 to pay a consultant to establish an Historic District; that on April 11, 2000, the question of including the Rosemary Cemetery in the Historic District was raised; that in establishing an Historic District, contiguity must be maintained by the historical structures; that the Board moved to approve an additional $1,500 for the consultant services in deciding upon including the Rosemary Cemetery in the Historic District; that establishing a National Register Historic District provides recognition of the City's first African-American Community, BOOK 47 Page 19558 05/01/00 6:00 P.M. BOOK 47 Page 19559 05/01/00 6:00 P.M. enables qualifying property owners in the Historic District to obtain Federal Rehabilitation Tax Credits, enables the City to apply for Preservation Grant Funding to create Review Guidelines for new construction within the District, enables the City to place additional restrictions on property if owners do not choose to participate in the Federal Tax Incentive Program or the Sarasota County Tax Incentive Program, and additionally requires design review of new construction unless design guidelines are adopted at a later date; that boundaries are required to establish an Historic District; that the Board will contact property owners to discuss the proposed Historic District and explain incentives; that the Final Nomination Form must be completed and submitted by the consultant with the supporting materials for the creation of the Historic District at a total cost of $6,000. Commissioner Mason stated that the establishment of the District is a wonderful project and asked if the adjacent area north of Rosemary Cemetery will be added to the proposed Historic District? Mr. Wenzel stated that the problem with adding the area north of Rosemary Cemetery is continuity of the boundary; that a contiguous boundaries must be maintained. Commissioner Mason stated that Rosemary Cemetery contains much of the City's rich history. Mayor Pillot stated that the concept of contiguity is understood; however, Rosemary Cemetery should be added to the Historic District. Commissioner Cardamone stated that the decision concerning final boundaries will be made in the future. Mr. Wenzel stated that Rosemary Cemetery is one of the oldest and most historic in the community; that the Sarasota Alliance for Historic Preservation has contributed to the upkeep of Rosemary Cemetery in the past; that Rosemary Cemetery is a significant landmark. Mayor Pillot stated that J. Hamilton Gillespie's tomb is located in Rosemary Cemetery adding to the significance; that many other City founders are buried in Rosemary Cemetery. Commissioner Cardamone stated that if the Rosemary Cemetery is not included, the desire lessens to create an Historic District; that the neighborhood is very important; that all historically significant structures should be included in the Historic District even at the risk of higher cost; and asked if the Rosemary Court buildings could be added to the Historic District. Mr. Wenzel stated that certain exceptions are applied to structures which have been moved to a new site. Deputy City Manager Schneider stated that the Administration recommends supporting the request for appropriation of $6,000 to obtain professional consultant services to complete a nomination for the creation of an Overtown National Register Historic District with funds provided from the Historic Preservation Demolition Fund. Mikki Hartig, Historical and Architectural Research Services, came before the Commission and stated that the site specialist and architect from the State Division of Historical Resources visited the site in 1999 and confirmed the apparent existence of an Historic District; however, no commitment could be made to including the Rosemary Cemetery due to the question of contiguity, which is also a problem concerning the inclusion of the Crocker Church, the Luke Wood House, and the former bus depot; that if possible, Rosemary Cemetery will be included as well as the bus depot; that buildings which have been moved cannot be included unless moved in the context of the historical significance. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to approve the appropriation of $6,000 from the Historic Preservation Demolition Fund to obtain professional consultant services to complete a nomination for the creation of an Overtown National Register Historic District. Commissioner Cardamone stated that the concerns of the Commission regarding the inclusion of the Rosemary Cemetery and the historic buildings in the area should be presented to the Board; that an effort should be made to include the Rosemary Cemetery and appropriate historic buildings in the Overtown National Register Historic District if possible. Mayor Pillot stated that the Commission would appreciate the Board's promoting excellent maintenance of Rosemary Cemetery in the future due to the historical significance of the area. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Quillin stated that someone should be designated to provide attention to improving the condition of Rosemary Cemetery. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to receive the March 14 and April 11, 2000, Historic Preservation Board reports. Motion carried unanimously BOOK 47 Page 19560 05/01/00 6:00 P.M. BOOK 47 Page 19561 05/01/00 6:00 P.M. (5 to 0) : Cardamone, yesi Hogle, yes; Mason, yes; Quillin, yesi Pillot, yes. 10. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3,4, 5, 6 AND 7 - APPROVED (AGENDA ITEM III-A) #2 (0311) through (0344) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Professional Services Contract between the City of Sarasota and Leggette Brashears and Graham, Inc./Greeley and Hansen Engineers (joint venture), (Proposal #00-40H) to provide services assisting City staff with water use permit renewal, contamination assessments, and technical aspects of the operation and maintenance of the City's potable water wellfields 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and Sarah Mitchell for potable water and sanitary sewer services for a site located at 2077 29th Street 3.. 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 Michael E. Mushrush for potable water and sanitary sewer services for a site located at 2893 Lynhurst Street 4. 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 Ralph L. Mushrush for potable water and sanitary sewer services for sites located at 2901 Lynhurst, 3044 Hawthorne and 3040 Hawthorne Street 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 Minnie Moore for potable water and sanitary sewer services for a site located at 1625 Hansen Street 6. 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 Golf Agronomic Supply and Handling Co. for potable water and sanitary sewer services for a site located at 2165 17th Street 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed Agreement between the City of Sarasota and the Hispanic American Alliance, Inc. for funding in the amount of $20,000 On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 7, inclusive. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 11. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1271) ADOPTED; ITEM 2 (ORDINANCE NO. 00-4212) - ADOPTED; ITEM 3 (ORDINANCE NO. 00-4213) ADOPTED; ITEM 4 (ORDINANCE NO. 00-4220) = ADOPTED; ITEM 5 (ORDINANCE NO. 00-4221) ADOPTED; ITEM 6 (ORDINANCE NO. 00-4222) = ADOPTED (AGENDA ITEM III-B) #2 (0345) through (0489) 1. Adoption Re: Proposed Resolution No. O0R-1271, authorizing the submission of a local housing assistance plan and housing delivery goals chart for the Sarasota State Housing Initiatives Partnership Program (SHIP) for the period commencing July 1, 2000 and expiring June 30, 2003; setting forth findings; authorizing the mayor to execute the local housing assistance plan and related certifications (Title Only) 2. Adoption Re: Proposed Ordinance No. 00-4212, amending the comprehensive plan of the City of Sarasota, Florida (1998 Edition) by the adoption of the small scale development amendment more fully described in Application No. 99-pa-04 filed by Senior Friendship Centers, Inc.; said small scale development amendment consists of an amendment to the Future Land Use Map to change the Future Land Use Classification of a parcel of property from * Open Space Recreational Conservations to * Community Office Institutional;, said property being approximately 1.317 acre in size and located partially in Luke Wood Park and partially on adjacent right-of-way to the north; stating various findings of fact concerning the adoption of the small scale development amendment; providing for the severability of the parts hereof (Title Only) (Applicant Senior Friendship Centers, Inc.) 3. Adoption Re: Proposed Ordinance No. 00-4213, amending the comprehensive plan of the City of Sarasota, Florida (1998 Edition) by the adoption of the small scale development amendment more fully described in Application 99-PA-08 filed by John J. Nevins, as Bishop of the Diocese of Venice; said small scale development amendment consists of an amendment to the Future Land Use Map to provide for the Future Land Use Classification of a recently annexed parcel of property to * Single Family Residential-Low Density, said property being approximately 8.54 acres in size and BOOK 47 Page 19562 05/01/00 6:00 P.M. BOOK 47 Page 19563 05/01/00 6:00 P.M. located at the southwest corner of Fruitville Road and McIntosh Road; stating various findings of fact concerning the adoption of the small scale development amendment; providing for the severability of the parts hereof (Title Only) (Applicant John J. Nevins, as Bishop of the Diocese of Venice) 4. Adoption Re: Proposed Ordinance No. 00-4220, amending Chapter 11, Buildings and Building Regulations, Article II, Building Codes, Section 11-2, Adoption of Codes and Local Amendments Subsection (c) regarding the Standard Unsafe Building Abatement Code, 1985 edition, and the City of Sarasota Local Amendments thereto, as previously amended by Ordinance No. 00-4189 to provide for additional City of Sarasota Local Amendments to the Standard Unsafe Building Abatement Code, 1985 Edition, by amending Section 701.4 thereof to provide that demolition liens shall bear interest at the maximum rate allowed by law as set forth in Section 687.03, Florida Statutes, as amended from time to time; providing for the severability of the parts hereof if declared invalid; repealing Ordinances in conflict (Title Only) 5. Adoption Re: Proposed Ordinance No. 00-4221, amending Chapter 16, Recycling and Solid Waste, Article III, Accumulations of Junk, Trash, Rubbish, Weeds and Vegetation, Section 16-53, procedure for city to remove accumulation of junk, rubbish, trash, or inoperable or unlicensed motor vehicles or to clear away overgrowth, vegetation, etc., as previously amended by Ordinance No. 00-4190, to provide that the abatement of nuisance liens shall bear interest at the maximum rate allowed by law as set forth in Section 687.03, Florida Statutes, as amended from time to time; providing for the severability of the parts hereof if declared invalid; repealing Ordinances in conflict (Title Only) 6. Adoption Re: Proposed Ordinance No. 00-4222, amending Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 5, Code Enforcement Special Master, Section 2-316, Recording and Enforcement of Lien, Subsection (b) by providing that code enforcement liens shall bear interest at the maximum rate allowed by law as set forth in Section 687.03, Florida Statutes, as amended from time to time; providing for the severability of the parts hereof if declared invalid; repealing Ordinances in conflict (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. OOR- 1271 and Ordinance Nos. 00-4212, 00-4213, 00-4220, 00-4221, and 00-4222 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yesi Mason, yes; Pillot, yes, Quillin, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested . to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that no one has filed for certification as an Affected Person for the quasi-judicial public hearings; that Applicants and the City will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4188, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSION, DIVISION 3, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, BY RESTATING AND AMENDING THE POLICE OFFICERS I PENSION FUND: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #2 (0489) through (0843) Mayor Pillot stated that the proposed Ordinance No. 00-4188 amends Chapter 24, Personnel, Article II, Pension, Division 3, Police Officers' Pension Fund. BOOK 47 Page 19564 05/01/00 6:00 P.M. BOOK 47 Page 19565 05/01/00 6:00 P.M. Benita Saldutti, Pension Manager, came before the Commission and stated that proposed Ordinance No. 00-4188 amends and restates the Police Officers' Pension Code; that the re-write is intended to make the Pension Code more reader-friendly, that some amendments are required by the adoption of 99-01, Laws of Florida, which incorporates recent changes to Chapters 175 and 185, Florida Statutes, governing local law enforcement officers' and firefighters' pension plans; that the amendments will pose no cost to the fund. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4188 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 00-4188 on first reading. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4188 on first reading. Vice Mayor Hogle stated that not passing proposed Ordinance No. 00-4188 could result in receiving fewer funds from the State; that the Police Officers' Pension Board of Trustees spent many hours working on proposed Ordinance No. 00-4188. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4224, PERTAINING TO LOCAL AMENDMENTS TO THE STANDARD HOUSING CODE AND THE COMMERCIAL BUSINESS AND INDUSTRIAL BUILDING MINIMUM STANDARDS CODE; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #2 (0848) through (0939) Mayor Pillot stated that proposed Ordinance No. 00-4224 pertains to local amendments to the Standard Housing Code and the Commercial, Business and Industrial Building Minimum Standards Code. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 00-4224 provides for more specific maintenance standards for both the Standard Housing Code and the Commercial, Business and Industrial Building Code; that the proposed ordinance will strengthen the standards regarding stucco, stone or brick surfaces; that providing consistency between the two Codes is also a goal; that the EwO City goals of healthy neighborhoods and visual appeal of the City are addressed. Commissioner Quillin stated that Spraycrete is not referenced in proposed Ordinance No. 00-4224. Mr. Litchet stated that Spraycrete will be added to the proposed ordinance prior to second reading. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00- 4224 by title only. Deputy City Manager Schneider stated that the Administration recommends passing proposed Ordinance No. 00-4224 on first reading with the addition of standards regarding Spraycrete prior to second reading. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 00-4224 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, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4216, TO VACATE THAT CERTAIN APPROXIMATELY NORTHERN 147.50 FEET OF THE 40 FOOT WIDE LASULA COURT (PLATTED AS LASULA STREET) ) RIGHT-OF-WAY AS BORDERED ON THE NORTH BY THE SOUTHERN RIGHT-OF-WAY LINE OF PROSPECT STREET AND COMMENCING SOUTH THEREFROM FOR APPROXIMATELY 147.50 FEET: ETC. (TITLE ONLY) (APPLICATION NO. 00-SV-02, APPLICANT JOEL J. FREEDMAN, AICP, AS AGENT FOR EAR RESEARCH FOUNDATION INC. ) - PASSED ON FIRST READING (AGENDA ITEM IV-A-3) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4219, TO REZONE REAL PROPERTY LOCATED ON THE SOUTHEAST ÇORNER OF PROSPECT STREET AND LASULA COURT WITH STREET ADDRESSED OF 1906, 1918, 1926, 1934 AND 1942 PROSPECT STREET FROM THE SINGLE-FAMILY RESIDENTIAL-3 (RSF-3) ZONE BOOK 47 Page 19566 05/01/00 6:00 P.M. BOOK 47 Page 19567 05/01/00 6:00 P.M. DISTRICT TO THE OFFICE, PROFESSIONAL AND BUSINESS (OPB) ZONE DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 00-SP-08 TO ALLOW AN OFFICE BUILDING TO BE CONSTRUCTED UPON THE ABOVE-DESCRIBED REZONED PROPERTY, TOGETHER WITH PARCELS CURRENTLY IN THE OPB ZONE DISTRICT (A/K/A 1901 AND 1921 FLOYD STREET); ETC. (TITLE ONLY) (APPLICATION NOS. 00-RE-05 AND 00-SP-08, APPLICANT JOEL J. FREEDMAN, AICP AS AGENT FOR EAR RESEARCH FOUNDATION, INC.) = PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #2 (0940) through #3 (0975) Mayor Pillot stated that the proposed Ordinance No. 00-4216 concerns Street Vacation Application 00-SV-02 to close and vacate the northern 147.50 feet + of LaSula Court;. that proposed Ordinance No. 00-4219 concerns Rezoning Application No. 00-RE-05 and Site Plan Application No. 00-SP-08 regarding property at the northeast corner of Floyd Street and LaSula Court. City Attorney Taylor stated that a non quasi-judicial public hearing will be held to consider proposed Ordinance No. 00-4216; that a quasi-judicial public hearing is required to consider proposed Ordinance No. 00-4219; that conducting one public hearing following the formalities of a quasi-judicial public hearing to consider proposed Ordinance Nos. 00-4216 and 00-4219 is appropriate as the same project is involved; that the recommendation is to allow 20 minutes for the Applicant's presentation and 10 for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have 10 minutes to speak as two proposed ordinances are being considered; that speakers may. request additional time which, if granted, will be determined at the discretion of the Commission; that any party with an objection to the time limits recommended should so indicate. Mayor Pillot stated that hearing no objections to the time limits and hearing the Commission's agreement, one public hearing will be held and the recommendation for time limits is approved. City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4216 concerns Street Vacation Application 00-SV-02 to close and vacate the northern 147.50 feet t of LaSula Court; that proposed Ordinance No. 00-4219 concerns Rezoning Application No. 00-RE-05 and Site Plan Application No. 00-SP-08 to rezone property at the northeast corner of Floyd Street and LaSula Court from the Single-Family Residential-3 (RSF-3) to the Office, . Professional and Business (OPB) Zone District and to approve the site plan to allow construction of an office building; that the applicant is Joel Freedman, AICP, Freedman Consulting Group (FCG), agent for the Ear Research Foundation, Inc. (ERF). Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Mason and Quillin stated that written correspondence has been received which will be forwarded to the City Auditor and Clerk. Commissioner Cardamone asked the time at which communications are considered ex parte communications? City Attorney Taylor stated that ex parte communications are considered from the time of the application's being presented to the Development Review Committee (DRC). Mark Hess, AICP, Chief Planner, Planning and Development Department, came before the Commission and stated that the application was presented to the DRC on November 19, 1999. Commissioner Cardamone stated that written correspondence and petitions have been received which are being forwarded to the City Auditor and Clerk; that a conversation occurred with the Applicant and the Applicant's agent concerning the application. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group (FCG), agent for the Applicant, Jeffrey Russell, law firm of Abel, Band, Russell, Collier, Pitchford & Gordon, Chartered, legal representative for the Applicant and Chairman of the ERF Board of Directors for approximately 10 years, and Douglas Watters, Project Architect, Tichenor Group Architects, came forward. Mr. Freedman distributed a brochure entitled "Break the soundless barrier and enter the world of hearing" and stated that the ERF does wonderful work for the community and the world; that the ERF offices are located at the northeast corner of LaSula Court and Floyd Street; that efforts have been made for several years to allow expansion to provide for the development of a first class ERF headquarters; that the proposed project encompasses the property from Floyd Street abutting an existing medical office to Prospect Street abutting the Planned Parenthood Office on the east side of LaSula Court; that the parcel is 1.8 acres and is in the OPB and RSF-3 Zone Districts; that the Future Land Use Plan was amended in 1998 to designate the subject property as in the Neighborhood Office Land Use Classification; that the proposal is to rezone the parcel to the OPB Zone District and develop a three- story, 20,594-aquare-foot office building with 126 parking spaces; that the site plan submitted with the application is proffered as BOOK 47 Page 19568 05/01/00 6:00 P.M. BOOK 47 Page 19569 05/01/00 6:00 P.M. a condition of approval of the rezoning; that the proposed street vacation is part of the site plan, which would require modification if the street vacation is not approved; that the project could nevertheless move forward; that shifting the parking to the east and reducing the parking and office area would be required; however, the resulting project would not have as high a value to the community; that Staff's analysis and report is good; that the project and the site has been presented to the Commission previously; that three requests for approval are being made: the rezoning, the site plan and the street vacation; displayed on the overhead projector the site plan for the proposed project; and referred to a display board of the site plan indicating the location of the parcel with Floyd Street to the south and Prospect Street on the north and the proposed office building, which is on the southernmost portion of the parcel. Mr. Freedman continued that a significant landscape buffer is planned along Prospect Street, which is important based on input from the neighborhood; that City Staff indicated the Applicant is sensitive to the existing trees on the parcel, which has significant oak trees; that the proposed building was decreased by 5 feet in width prior to presentation to the Planning Board/Local Planning Agency (PBLP) to save and further protect the significant oak trees, which are. 50 inches, 14 inches, and 8 inches in diameter; that the property is almost totally covered with a tree canopy, which will buffer the building; that the access is off LaSula Court; that no access is proposed on Prospect Street; that an interconnect between the existing medical office and the proposed office building is proposed to assist with circulation on site; that the portion of LaSula Court for which the street vacation is requested extends to Prospect Street; that the western side of LaSula Court will remain residentially zone; that the change in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, changed the land use classification to the center line of LaSula Court; and referred to the City's Comprehensive Plan which provides as follows under General Characteristics of the Neighborhood Office Land Use Classification: Maximum non-residential floor area ratios up to 0.35 may be consistent with the intent of this classification. Mr. Freedman further stated that the ERF project has a floor-area ratio (FAR) of 0.26; that the OPB Zone District permits up to 30 percent building coveragei that the ERF project proposes an 11 percent building coverage; that to the extent possible, the building is being sited away from the neighborhood to the north; and distributed a minutes excerpt of the June 23, 1998, Special Commission meeting concerning the designation of the south side of LaSula Court as in the Neighborhood-Community Office/Professional/ Institutional Land Use Classification, currently called the Neighborhood Office Land Use Classification. Mr. Freedman stated further that at the time, the Commission determined the properties west of LaSula Court would remain residential and the properties east of LaSula Court would be designated in the Neighborhood Office Land Use Classification; that considerable discussion occurred at the June 23, 1998, Special Commission meeting regarding assurances the neighborhood would be protected, resulting in the concept of not allowing access from Prospect Street and vacating LaSula Court; that LaSula Court is mid-block between Osprey Avenue and US 41; and referred to the minutes of the March 1, 2000, PBLP meeting as follows: Planning Board Member Lindsay stated that only a few of these mid block connectors remain in the city and are not part of the larger city grid. Mr. Freedman continued that closing LaSula Court was considered important during the City's comprehensive planning process to assure Prospect Street was not further impacted by traffic from the ERF facility or Sarasota Memorial Hospital (SMH) i that the request is to vacate the northern half of LaSula Court; that the ERF project meets concurrencyi; that the Police Department raised a concern regarding emergency and pedestrian access between Prospect and Floyd Streets upon closing LaSula Court; that meetings were held with the Police and Fire Departments; that the solution is to create a walkway which is shared with emergency vehicles; that a gate controlled by a lockbox will be installed at each end, which was recommended by the Fire Department; that the gate would have an opening for pedestrians who could walk between Prospect and Floyd Streets; that the gates would be opened in the event of an emergency; that the Police Department viewed the site and was of the opinion the street closure would not create a problem; that a condition of approval is a formal DRC review for technical compliance of the gate and walkway; that historically, stormwater from LaSula Court drains to the north; that engineering on the site has been performed to assure the northern drainage continues; that LaSula Court is not used by many local people; and referred to Table 1 of the February 21, 2000, report from Tindale, Oliver and Associates, Inc., entitled "Summary of LaSula Court Vacation Analysis" (Traffic Analysis) indicating a total of 274 daily trips with 37 trips during the peak p.m. period and only 3.2 percent of the traffic being local and further referred to the "Impact to the Grid System" section of the report as follows: The "beta index" (measure of the density of the grid system) of the existing grid system within the study boundaries is 1.50, or 72 percent of the maximum. If LaSula Court was vacated, as proposed, the resulting "beta index" would be 1.41, or about 67 percent of the maximum. BOOK 47 Page 19570 05/01/00 6:00 P.M. BOOK 47 Page 19571 05/01/00 6:00 P.M. Mr. Freedman continued that vacating LaSula Court does not have a significant negative impact due primarily to low volume of vehicular traffic; that the criteria for considering street vacations and the Applicant's responses are: 1. Is the right-of-way used? Yes. 2. Is the right-of-way improved by the City? Yes. 3. Is the right-of-way part of another project? Yes, the requested rezoning and site plan. 4. Is the proposed street vacation in the public interest? Mr. Freedman further stated that the proposed street vacation is in the public interest by protecting Prospect Street from cut- through traffic at SMH and creates the ability to have a wonderful development for the ERF while maintaining pedestrian and emergency access; that the public interest is enhanced. Mr. Watters referred to a rendering of the proposed facility displayed on an easel and stated that the building is a three- story, medical office facility; that the first floor is for patient care; that the second floor is for patient care and staff offices; that the third floor is for research and offices; that the exterior is designed in a contemporary style to tie in with the buildings to the south; that awnings and color have been utilized for aesthetics; that the building is constructed on the south, east and west setback lines; that the north façade is set further back due to the existing trees. Mr. Freedman stated that the existing oak trees will shield the view from Prospect Street; that a question was raised as to the speculative nature of the office building; that the ERF and the Applicant's practice will be using the entire building; that the facility will operate during normal business hours; that the parking lot will not be lit with intense lighting; that the Mandarin Park residents requested an enhanced buffer on Prospect Street; that a decorative wall to match the Mandarin Park wall is not required but will be constructed in response to neighborhood concerns and to create the image of a residential ambiance to the east and north; that Mandarin Park is directly across from the proposed project; that the proposed project is important to the community; that the design is compatible with and will cause little or no impact to the neighborhood as no access is provided from Prospect Street. Mayor Pillot requested that Staff come forward for the City's presentation. Shelley Hamilton, Senior Planner II, Planning and Development Department, came forward and stated that Rezoning Application No. 00-RE-05 and Site Plan No. 00-SP-08 as incorporated in proposed, Ordinance No. 00-4219 approve the Site Plan and a change from the RSF-3 to the OPB Zone District; that the request includes plans to demolish four existing single-family dwellings and the existing clinical and research facilities to construct a new 20,594-square-foot facility including a medical office building and research center, with associated parking for 126 vehicles on property located at 1901 Floyd Street; that at its March 1, 2000, Regular meeting, the PBLP voted 3 to 2 to find Application Nos. 00-RE-05 and 00-SP-08 consistent with the City's Comprehensive Plan and the Tree Protection Ordinance and recommend Commission approval; that the applications are being considered in conjunction with Street Vacation Application No. 00-SV-02 as incorporated in proposed Ordinance No. 00-4216 to vacate a portion of LaSula Court; that at the March 1, 2000, Regular meeting, the PBLP held a public hearing and voted 3 to 2 to recommend Commission approval subject to the following conditions: 1. The City of Sarasota hereby retains a utility easement I 2. Applicant shall execute and record a utility easement in favor of Comcast Cablevision of West Florida, Inc. : 3. Applicant shall execute and record a utility easement in favor of TECO/Peoples Gas System, Inc...; / 4. Applicant shall execute and record a utility easement in favor of Florida Power & Light Company.. . - i 5. Applicant shall submit to City for review and approval by the Development Review Committee (DRC) of City detailed plans and specifications pertaining to pedestrian and emergency access - i 6. The City of Sarasota hereby retain an emergency access easement i 7. The City of Sarasota hereby retains a pedestrian sidewalk easement and 8. A condition precedent to the effective date of the vacation shall be the issuance by the City of Sarasota of.a building permit Ms. Hamilton continued that the City Planning and Engineering Staff recommend denial of the requested street vacation; that the Police Department originally recommended denial due to a possible decrease in the number of emergency routes available to SMH but changed the recommendation to approval based on a review of the revised site plan which provided for pedestrian and emergency vehicle access; that evidence in the record indicates LaSula Court is utilized by considerable traffic, is part of the City's grid pattern, and provides a benefit to the public; that policies BOOK 47 Page 19572 05/01/00 6:00 P.M. BOOK 47 Page 19573 05/01/00 6:00 P.M. of the City's Comprehensive Plan call for maintaining the integrity of the street grid pattern and allowing the closure of local streets only if traffic calming or alternative measures are not appropriate to reduce the volumes and/or speed of through- traffic in residential neighborhoods; therefore, Planning Staff continues to recommend denial; that revisions to the site plan will be required if the Commission denies the street vacation; that any revised site plan will require another review by Staff and the PBLP prior to presentation to the Commission. Mayor Pillot requested that interested persons come forward; and the following interested persons came before the Commission: Monique Buehrer, 1855 Prospect Street (34239), stated that written correspondence requesting denial of the applications was previously sent to the Commission; that the Applicant has had ample time to find suitable property for the building and parking lot without interfering with a residential neighborhood; that giving LaSula Court to the Applicant will have a future traffic impact if Prospect Street is developed commercially; that personal experience is to take the easiest and shortest route to a destination; that Prospect Street at US 41 will be further developed; that traffic will increasingly use Prospect Street; that LaSula Court should be left open to divert traffic if necessary. Ishmael Katz, 1891 Prospect Street (34239), agreed and stated that personal opposition to the proposed project was expressed several years ago upon presentation of an initial plan; that a question is the reason the project must be sited at the requested location; that most medical movement is toward the south and east; that describing the building as a headquarters is a concern; that appropriately zoned property may be available closer to Interstate (I)-75; that the building at over 20,000 square feet and three stories is large; that the Applicant has an office at the location; that systematically, houses have been purchased in the vicinity; that offers have been made on almost all the neighbors' homes; that the work performed will be accomplished in the building; that the proximity to SMH does not appear as a benefit; that the indication is the project is important to the community; that the project is important for individuals requiring the services; however, locating the facility in the particular neighborhood is not required; that other places are available; that many office buildings have moved southeast close to Doctors Hospital; that written correspondence with a petition was previously sent to the Commission; that Prospect Street has improved significantly, that many residents have fixed up the homes in the vicinity; that the homes purchased by the Applicant have been barely maintained and painted all the same color, which is one reason Mandarin Park residents are unhappy; that the Osprey Medical Clinic was approved in previous years as the property owners had allowed the previously existing structure to deteriorate significantly sO the neighbors became weary and accepted any change; that the same is true of Mandarin Park; that installing gates is worse than originally anticipated; that office and doctors' buildings have generally been constructed on US 41 and on Bee Ridge Road; that the Commission is requested to deny the street vacation and the project; that consistency with a change in the City's Comprehensive Plan does not mandate utilizing the site as proposed; that the project should be denied; that the Applicant should find land already appropriately, zoned which will not impact on a neighborhood to build a worthwhile project; that the homes should be sold to individuals who will renovate and individuate the homes sO the area is a neighborhood; that the line separating the medical community from the neighborhood is in the middle of the block not the middle of the street; that looking at office buildings across the street is not the same as looking at neighbors' homes. Ernest Babb, 1886 Bahia Vista Street (34239), quoted Action Strategy (A.S.) 1.2, Objective 1 - New Construction, Housing Chapter, City's Comprehensive Plan, concerning the requirement to consider impact on maintaining and enhancing the quality of existing residential neighborhoods in reviewing requests for rezoning from residential to non-residential uses; and stated that the northern boundary of the recently approved Sarasota Memorial Hospital (SMH) Zone District is Floyd Street, which represents a change; that the current boundary between the OPB and RSF-3 Zone Districts is correctly placed between Floyd and Prospect Streets; that the residential uses face each other on Prospect Street; that many planners affirm the concept; that the concept will not be maintained if the rezoning is approved; that business uses will face residential uses; that the previously approved development at Prospect Street and Osprey Avenue violated the principles; that the proposed project is the same size as the previously approved development at Prospect Street and Osprey Avenue; and quoted A.S. 3.3 and 3.5, Objective 3 Maintaining and Attracting Moderate and Middle Income Families, Housing Chapter, City's Comprehensive Plan. Mr. Babb continued that four livable, affordable housing units will be eliminated if the proposed project is approved; that the next logical development initiative is to eliminate the RSF-3 Zone District enclave caught between the two OPB Zone Districts, eliminating three additional housing units; that the Applicant came before the Commission previously; that the Administration previously recommended denial; that the Commission previously denied the request; however, the current request also involves a request to close a street; that the deepest non-residential incursion into the neighborhoods north of Floyd Street was the Walgreens Plaza, which stops 10 feet beyond the beginning of the eastern property line of the current request; that an average City block is 295 feet; that the property front is 350 feet without the closing and 375 feet with the closing of LaSula BOOK 47 Page 19574 05/01/00 6:00 P.M. BOOK 47 Page 19575 05/01/00 6:00 P.M. Court; that an incursion greater than a regular City block is being made; that the proposed project is larger than the Walgreens development at Bahia Vista Street and US 41; that the proposed project does not meet elements of the City's Comprehensive Plan; that additionally, removal of trees would not be required if the project is denied; and quoted A.S. 3.2, Consistency with Other Sarasota City Plan Components, Objective 3 - Development Review and Approval Process, Future Land Use Chapter, City's Comprehensive Plan, which indicates all rezonings shall be consistent with the Future Land Use Map but consistency with the Future Land Use Map does not equate with consistency with the Sarasota City Plan. Mr. Babb further stated that the City's Comprehensive Plan requires an "on-balance" consistency finding of all relevant elements; that the Commission is requested to deny the rezoning and the street vacation and the attendant site plan which replaces viable housing with a parking lot. Mary Bouchard, 1359 Tea Rose Place (34239), representing the homeowners in Mandarin Park, stated that Mandarin Park is located across the street from the subject property; that the homeowners in Mandarin Park are in favor of the rezoning; that the Applicant did not allow the four homes to reach a state of disrepair; that two of the four homes are white; that demolition is the only option due to the homes' conditions; that most homeowners in Mandarin Park have owned real estate previously as most are retirees; that the homes in the area will never be purchased for renovation; that the homes are directly next door to the Planned Parenthood Clinic, visible to the Waffle House on US 41, and situated near the most traffic on Prospect Street; that the proposed project will enhance the area for all residents to the south; that the landscaping and the decorative wall provide the sense of a residential area; that all homeowners in Mandarin Park believe allowing the homes to remain would be a detriment and will affect real estate values; that the property is not valuable to build or upgrade a home; that the property borders medical property; that in 1998, the Commission determined the wisdom of considering the portion of land as more desirable for the OPB Zone District; that Mandarin Park is between Bahia Vista and Prospect Streets and is large enough to enclose and be a development which has upgraded the area; that the proposed project is fair and honest; that the ERF is not a noisy environment; that research is different from other types of businesses; that the environment of the ERF will enhance the area; that traffic access will not be provided to US 41; that traffic problems cannot be created as the property cannot be accessed except from Floyd Street; that an occasional vehicle but not major traffic will be created; that research centers do not draw considerable traffic; that vehicles are parked behind the houses; that no one is seen in the vehicles; that noise is not created from the parking lot; that the homeowners in Mandarin Park would rather have a parking lot as the plan is well conceived to enhance the property in the area. City Auditor and Clerk Robinson stated that no other interested persons have signed up to speak. Mayor Pillot requested that the Applicant come forward for rebuttal. Mr. Freedman, Attorney Russell, and Dr. Herbert Silverstein, Applicant, came before the Commission. Mr. Freedman stated that the proposed project should be considered "on balance"; that the process was begun in 1998; that changing conditions can create a necessity to create a change in land use; that the Applicant has been sensitive to the neighborhood by aligning the building away from the neighborhood and providing no access from Prospect Street; that closure of LaSula Court will be beneficial to Prospect Street; that one speaker indicated Prospect Street is beginning invigoration and rehabilitation; that the proposed project will have high quality landscaping, materials, and maintenance; that failure to maintain landscaping will result in code enforcement violations which did not happen previously; that the affected neighborhood across the street, Mandarin Park, is supportive; that the Applicant has been sensitive to the neighborhood. Dr. Silverstein stated that the property was purchased in 1979 to develop an office Close to SMH, which is important due to the requirement to visit patients, emergencies, etc.; that medical offices are located near SMH due to the convenience for doctors and patients; that at the time of purchase, property on Prospect Street could be rezoned for parking if adjacent to property on Floyd Street in the OPB Zone District; however, 10 years ago, the rules were changed; that the neighborhood residents did not want the intrusion of offices; that rezoning to provide for parking adjacent to the offices was not allowed; that a proposed project was denied after the expenditure of much time and moneyi that bringing the project forward again was considered appropriate after the update of the City's Comprehensive Plan; that relocating the office has been suggested; however, the office has been in the same area for 18 years; that additional space is required for research and patient care; that moving the project to US 41 or I-75 would be a disservice to the patients; that the gate will not prevent pedestrians from walking; that the homes were not allowed to deteriorate; that the homes have been rented for years; that the only run-down homes are the homes recently purchased which were allowed to deteriorate by previous owners; that the Commission is requested to consider the project's good points; that ERF is well-known throughout the world; that having such a development will be an asset to the City; that the BOOK 47 Page 19576 05/01/00 6:00 P.M. BOOK 47 Page 19577 05/01/00 6:00 P.M. physicians and the public expect ERF to continue growing as in the past; that approval is requested. Attorney Russell stated that the Applicant donates hundreds of hours each year to ERF and the people and children served; that much of the research is conducted at SMH; that commuting to and from I-75 or Bee Ridge Road would make ERF achievements impossible; that the proposed location near SMH is ideal; that the testing of new techniques is accomplished at SMH; that the Commission is requested to approve the project. Commissioner Cardamone asked the location of the water retention? Mr. Freedman stated that water retention will be in underground chambers under the parking lot. Commissioner Cardamone asked if the trees can be saved with underground retention? Mr. Freedman stated that the underground retention will be in the parking aisles away from the trees. Commissioner Cardamone asked the zoning of the existing office? Mr. Freedman stated the existing office is in the OPB Zone District. Commissioner Cardamone asked the plans of the existing office? Dr. Silverstein stated that an answer is not known; that the office will be sold, leased, or converted to a surgical center. Commissioner Cardamone stated that the parking lot could be placed on the location of the current building if not located on the corner of LaSula Court and Prospect Street as proposed. Dr. Silverstein stated that demolishing a $1.5 million building which is working well is a considerable expense; that relocating the practice during construction would be difficult. Attorney Russell stated that the Applicant also has partners in ownership of the building who are not part of ERF. Commissioner Cardamone asked if $1.5 million is the appraised value of the building? Dr. Silverstein stated yes. Commissioner Cardamone stated that the response is inderstood and appreciated; and asked the result if the street vacation is not approved? Mr. Freedman stated that a request would be made to waive the one-year time limit as a new site plan will be required; that the parking aisle will be shifted; that approximately 10 parking spaces will be lost; that the building footprint will not change; however, a larger atrium will be created in the interior to offset the loss of parking by eliminating approximately 1,000 to 1,200 square feet of office space; that the interior floor area would be reduced; that the footprint is driven by the laboratories, the waiting rooms, the office space, etc.; that the size of the building will remain the same. Dr. Silverstein stated that the atrium and entrance were originally planned to extend through all three floors; however, the third floor was subsequently designed as a conference center accommodating 75 people for lectures, teaching, and conducting telecommunications with the surgical center, SMH, and around the world through the Internet; that the space is necessary; that losing the space would cause major difficulties. Vice Mayor Hogle asked if 126 parking spaces will be constructed? Mr. Freedman stated yes. Commissioner Quillin stated that a rezoning is not requested for three of the homes on LaSula Court. Mr. Freedman stated that is correct; that ERF owns a home on the west side of LaSula Court; that two other homes are nearby; that the proposed use is as a home for the resident doctor while studying at ERF; that the original plan was to use the site for additional parking. Commissioner Quillin stated that an enclave is created, which is not desirable. Mr. Freedman stated that the area is currently an enclave. Mayor Pillot requested that City Staff come forward for rebuttal. Ms. Hamilton came before the Commission and stated that a response can be provided to any Commission questions. Commissioner Cardamone asked for clarification of the requirement for the Applicant to go back to the DRC. Ms. Hamilton stated that the Applicant submitted a revised concept plan based on the PBLP's recommendations; that the revised concept plan was sent to the DRC for comments; that comments were received from the Utilities, Police and Fire Departments. Mr. Hess stated that the emergency access design will be formally presented to the DRC between first and second reading if the Commission approves the applications; that the revised concept BOOK 47 Page 19578 05/01/00 6:00 P.M. BOOK 47 Page 19579 05/01/00 6:00 P.M. plan was informally presented to critical departments to identify any concerns. Commissioner Cardamone asked the reason representatives of the Police and Fire Departments are not present for comment? Ms. Hamilton stated that written responses were provided. Commissioner Cardamone stated that the City's ratios for parking are understood; however, the 126 parking spaces consumes a considerable amount of land; and asked if some parking requirements could be waived for a parking lot serving a new building adjacent to a parking lot already owned to avoid the necessity for a street vacation? Mr. Hess stated that the only ability to waive the parking requirement is through a variance from the Board of Adjustment; that the minimum parking requirement is based on the square footage of the building and the use; that the parking requirement for medical offices is 1 parking space for each 150 square feet. Commissioner Cardamone stated that the City's parking standards are relatively high; that 126 parking spaces may be utilized at some point; however, such level of customer use is difficult to visualize; that the entire third floor of the building will be dedicated to research; that the amount of parking seems excessive, especially adjacent to a parking lot owned by the Applicant; that imposing the requirement on a movie theater is understood; that the requirement for 10 parking spaces is resulting in an Applicant's requesting a street vacation which may or may not be important to the neighborhood. Commissioner Quillin stated that the properties are adjoining under the same ownership; that the parking for the existing building may not meet the required standards. Mr. Hess stated that the adjacent office building must meet the parking standard on site unless built under a prior zoning code; that the specific circumstances are not known; that the existence of any excess parking spaces on the adjoining lot is not known; that the parking requirement for medical offices are rigorous; that the expectation is the minimum number of parking spaces is provided on the adjoining lot with no excess. Commissioner Cardamone stated that an effort at being practical is being made. Ms. Hamilton stated that the requirement is for 147 parking spaces; however, credit was provided for preserving trees. Commissioner Cardamone quoted the minutes excerpt of the June 23, 1998, Special Commission meeting as follows: Commissioner Cardamone stated that the closing of LaSula Court is supported. Commissioner Cardamone continued that as someone who has lived in the vicinity of the neighborhood for approximately 50 years, the concept of closure is supported; that at the time of the June 23, 1998, Special Commission meeting, the sincere belief was the closure of LaSula Court would help the Prospect Street neighborhood; that Prospect Street is used as a cut-through from SMH to US 41 or Osprey Avenue; and referred to Table 1 of the Traffic Analysis indicating the following vehicular counts: Time Period Total Vehicles 7 to 8 a.m. 42 4 to 6 p.m. 72 Commissioner Cardamone Eurther stated that the vehicular counts are not indicative of patients but rather cut-through traffic from SMH's Waldemere Parking Garage or from other SMH parking areas; that the Traffic Analysis seems to substantiate the contribution of LaSula Court to traffic on Prospect Street; that the driveways to the property from Prospect Street will be eliminated; that no access will be provided from LaSula Court; that the only traffic on Prospect Street from US 41 or Osprey Avenue will be cut-through traffic to avoid the traffic lights which is currently being done; that no traffic contribution from the proposed project is perceived. Vice Mayor Hogle asked if the conditions imposed by the PBLP are contained in proposed Ordinance No. 00-4216? Ms. Hamilton stated yes. Vice Mayor Hogle stated that closing LaSula Court will result in less rather than more traffic on Prospect Street. Ms. Hamilton stated that the street is used by the public which is a reason for recommending against Closure. Mayor Pillot stated that the use may have been a detriment rather than an asset to the neighborhood. Commissioner Quillin stated that the integrity of the City's grid system is important; that the traffic counts are substantial on a short street; that the City's Comprehensive Plan requires the preservation of a grid system; that an undeveloped piece of commercial property exists on Prospect Street at US 41 south of Walgreens. Mr. Hess stated that a site plan has been approved for the site at Prospect Street and US 41 of approximately 20,000 square feet BOOK 47 Page 19580 05/01/00 6:00 P.M. BOOK 47 Page 19581 05/01/00 6:00 P.M. for retail space which could be permitted at any time construction drawing consistent with the site plan are presented; that access has been provided to Prospect Street from the commercial development. Mayor Pillot stated that the traffic currently utilizing LaSula Court will go to US 41 or Osprey Avenue if LaSula Court is closed and will not impact Prospect Street between US 41 and Osprey Avenue; that the closure of LaSula Court seems unquestionably an asset to the neighborhood. Commissioner Quillin referred to Table 1 of the Traffic Analysis indicating 142 daily northbound trips and 132 daily southbound trips and stated that LaSula Court is being used on a regular basis, which is the purpose of a grid system. Mayor Pillot stated that a higher usage occurs at certain hours. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Staff's recommendation for denial is based on the points in the City's Comprehensive Plan concerning the grid system; that the main concern is the residences on Prospect Street and the proposed development on Prospect Street at US 41; that traffic will not travel north from Prospect Street to make a left turn on US 41; that northbound traffic will travel to Osprey Avenue and through the neighborhood and across Bahia Vista Street to US 41 or continue north on Osprey Avenue; that not closing LaSula Court provides an option of travelling south to Waldemere Street to US 41 at a traffic signal; that the traffic counts indicate an increase at normal peak hours and is primarily traffic going to and coming from work; that the traffic is significantly greater northbound than southbound in the 6 to 7 a.m. time period and significantly greater southbound than northbound in the 4 to 5 p.m. time period which was a surprise. Mayor Pillot asked if the traffic northbound in the a.m. peak time could be SMH employees finishing a night shift? Mr. Daughters stated yes. Commissioner Cardamone stated that 274 vehicles utilize LaSula Court; that the assumption is all 274 vehicles are also utilizing Prospect Street. Mr. Daughters stated that is correct. Commissioner Cardamone continued that commercial development is anticipated on the southside of the Walgreens site on US 41 which will use Prospect Street; that closing LaSula Court will divert 274 vehicles from Prospect Street. Mr. Daughters stated not necessarily; that some vehicles will be diverted; however, some vehicles originate on Prospect Street. Commissioner Cardamone concurred; but stated that an opportunity to divert 274 vehicles from Bahia Vista Street at her residence would be pleasing, especially if a commercial development was pending. Mayor Pillot requested further Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4216 by title only. Deputy City Manager Schneider stated that the Administration recommends denying proposed Ordinance No. 00-4216 based on the traffic factors and provisions in the City's Comprehensive Plan. On motion of Commissioner Quillin, it was moved to approve the Administration's recommendation to deny proposed Ordinance No. 00-4216. Mayor Pillot stated that Commissioner Quillin made the motion without being recognized by the Chair; that Vice Mayor Hogle was recognized; therefore, unless overruled by the Commission, the motion is ruled out of order. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4216 on first reading. Vice Mayor Hogle stated that vacating LaSula Court will take traffic out of the neighborhood; that 126 parking spaces at the medical office will not generate additional traffic on Prospect Street and will only generate traffic on the street to the south; that the plan is good. Commissioner Quillin stated that the Administration's recommendation to deny proposed Ordinance No. 00-4216 is consistent with the City's Comprehensive Plan; that the Commission's responsibility is to establish and maintain a grid system; that the area is highly impacted by traffic; that closing any streets causes discomfort at least until the development at US 41 and Prospect Street occurs; that many streets in the area are below acceptable levels of service; that the Commission is requested to reconsider; that the project is good; that accomplishing the project without the vacation of the street is possible; that the utilization of a gate can cause problems for emergency vehicle access; that the Commission is requested to vote against the motion; that the charrette currently being conducted to update the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) emphasizes the importance of a grid system. BOOK 47 Page 19582 05/01/00 6:00 P.M. BOOK 47 Page 19583 05/01/00 6:00 P.M. Mayor Pillot stated that testimony was received the Police and Fire Department approved the emergency access through a gate; that agreement is expressed with the logic of Vice Mayor Hogle that closing LaSula Court will reduce vehicular traffic. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 00-4216 on first reading. Motion carried (4 to 1): Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yes; Mason, yes. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4219 by title only. Mayor Pillot stated that the Administration does not make recommendations on quasi-judicial matters. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4219 on first reading. Vice Mayor Pillot stated that passing proposed Ordinance No. 00-4219 confirms the PBLP's position concerning the proposed project and is best for the City. Commissioner Cardamone stated that the neighborhood with the significant impact is divided; that the residents of Mandarin Park, comprised of 19 homes, is supportive of a commercial development, which is contrary to the normal neighborhood reaction; that the new neighborhood outweighs the old neighborhood in the number of residents; that making difficult decisions is easier if the neighborhood is united in the approach to the Commission; that testimony from the public concerning the City's Comprehensive Plan was not heard, with the exception of Mr. Babb; that every effort should be made to save the 50-inch- diameter oak tree, which is important to the project. Mayor Pillot stated that the City is well known for the performing and other arts; that other fine jewels such as Mote Marine Laboratory also exist in the City; that ERF's international work in treating patients, research conducted for hearing correction, and teaching physicians throughout the world is another jewel; that the opportunity to support ERF is appreciated. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 00-4219 on first reading. Motion carried (4 to 1) : Quillin, no; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. The Commission recessed at 9:30 p.m. and reconvened at 9:40 p.m. 15. QUASI- JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4218, PERTAINING TO REZONE APPLICATION 99-CO-04 AND SITE PLAN APPLICATION 99-PSD-E FILED BY J.H. FLOYD SUNSHINE MANOR, INC. AND PROCESSED UNDER THE FORMER ZONING CODE (1974 ED.); ETC. (TITLE ONLY) (APPLICATION NOS. 99-CO-04 AND 99-PSD-E, APPLICANT J.H. FLOYD SUNSHINE MANOR, INC.) PASSED ON FIRST READING AND QUASI-J JUDICIAL PUBLIC HEARING RE: SPECIAL EXCEPTION APPLICATION 99-SE-03 HAS BEEN FILED BY J.H. FLOYD SUNSHINE MANOR, INC. PURSUANT TO THE 1974 EDITION OF THE ZONING CODE TO ALLOW A NON-GOVERAMENTAL USE IN THE GOVERNMENTAL USES (G) ZONE DISTRICT; ETC. (APPLICATION NO. 99-SE-03, APPLICANT J.H. FLOYD SUNSHINE MANOR, INC.) - APPROVED (AGENDA ITEM IV-B-2) #3 (0975) through (1275) City Attorney Taylor stated that Rezone Application No. 99-CO-04 accompanied by Site Plan Application No. 99-PSD-E as incorporated in proposed Ordinance No. 00-4218 is a request to rezone property at 1845 18th Street, generally known as the J.H. Floyd Sunshine Manor, and has been filed in conjunction with Special Exception Application No. 99-SE-03 to allow a non-governmental use in the Governmental Use (G) Zone District; that the applicant is the J.H. Floyd Sunshine Manor; that both proceedings are quasi- judicial in nature; that one public hearing will be held as the same project is involved; that the recommendation is to allow 15 minutes for the Applicant's presentation and 8 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that no one has filed for certification as an Affected Person; that other interested persons will have 10 minutes to speak as two issues are being considered; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that any party with an objection to the time limits recommended should sO indicate. Mayor Pillot stated that hearing no objections to the time limits and hearing the Commission's agreement, one public hearing will be held and the recommendation for time limits is approved. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone and Quillin stated that no ex parte communications have occurred. Commissioner Mason stated that in late 1999, a meeting was held with DeWayne Harvey, Chief Executive Officer, Innovative Health BOOK 47 Page 19584 05/01/00 6:00 P.M. BOOK 47 Page 19585 05/01/00 6:00 P.M. Care Management, Inc., and Kelly Bolger, Director of Plant Operations, J.H. Floyd Sunshine Manor, Inc.; that subsequently, a telephone conversation was held with Mr. Harvey concerning a resolution which would pertain to the application. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Kelly Bolger, Director of Plant Operations, and Daniel Sagan, Architect and Member of the Board of Directors, J.H. Floyd Sunshine Manor, Inc. came forward. Mr. Bolger stated that the project has been on going for some time; that the Commission is well informed as to the project; that a response will be provided to any questions, if desired. Mayor Pillot requested that Staff come forward for the City's presentation. Shelley Hamilton, Senior Planner II, came forward and stated that the Rezone Application No. 99-CO-04 accompanied by Site Plan Application No. 99-PSD-E were filed by J.H. Floyd Sunshine Manor, Inc., pursuant to the prior Zoning Code (1974 as amended), which allows for special exceptions for non-goyernmental uses in the Governmental Use (G) Zone District; that the parcel is located at 1845 18th Street; that a site plan has been proffered for the entire campus of the J.H. Floyd Sunshine Manor; that at its March 1, 2000, meeting the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously 4 to 0 to find Application No. 99-CO-04 accompanied by Application No. 99-PSD-E consistent with the City's Comprehensive Plan, also called the Sarasota City Plan (1998), the Tree Protection Ordinance and the standards for review set forth in the Zoning Code (1974 as amended) and to recommend Commission approval subject to the following conditions: 1. The real property shall be rezoned to the Governmental Use (G) Zone District and the Official Zoning Map is amended accordingly. 2. the Petitioner shall submit revised plans which implement the conditions 3. The two easternmost access points shall be one-way entrance (east) and exit (west) (and) shall be striped and signed. 4. : contingent upon the adoption of an ordinance (No. 00-4207) approving a companion small-scale development activity amendment Ms. Hamilton stated that the Applicant has submitted the revised. site plan as required. Mayor Pillot stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4218 by title only. Mayor Pillot stated that the Administration does not make a recommendation concerning quasi-judicial matters. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4218 on . first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Special Exception Application No. 99-SE-03. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 16. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #3 (1275) through (1365) Richard Sheldon, 526 South Osprey Avenue (34233), came before the Commission and stated that the Commissioners have different names, genders, parents, ancestors, possibly countries of origin, upbringing, emphasis on core values, educational experience, and handling of contrary opinions; that all are standard in the American experience; that the Commission's expectation for City taxpayers to pay for consultations with a facilitator is unconscionable; that the consultations with a facilitator is a personal educational experience which should have been part of the Commissioners' portfolio upon presentation to the City's electorate; that each Commissioner should be capable of grace under pressure; that if not, the Commissioners should pay for the consultations personally. Mr. Sheldon stated that the 21 dwelling units at Sixth Street and Cocoanut Avenue are a concern; that the status is not known. Mayor Pillot asked for clarification of the status of the property at Sixth Street and Cocoanut which is the subject of an eminent domain action by the City. City Attorney Taylor stated that the court process is just beginning. BOOK 47 Page 19586 05/01/00 6:00 P.M. BOOK 47 Page 19587 05/01/00 6:00 P.M. Mr. Sheldon stated that a personal visit was made to the property; that the dwelling units are ideal for rehabilitated as low-income housing for a small amount of money; that the property should not be lost to become an appendage to the Renaissance of Sarasota, Inc., development. 17. UNFINISHED BUSINESS: PROPOSED POSITION STATEMENT FOR DELIVERY TO THE BOARD OF COUNTY COMMISSIONERS ON MAY 12, 2000 RELATIVE TO THE URBAN LAND INSTITUTE'S DRAFT RECOMMENDATIONS - APPROVED FOR TRANSMITTAL TO THE SARASOTA BOARD OF COUNTY COMMISSIONERS (AGENDA ITEM VI-1) #3 (1366) through (1524) Douglas James, Chief Planner, Planning and Development Department, came before the Commission; referred to an April 24, 2000, draft letter from the Mayor to the Chairman of the Sarasota Board of County Commissioners included in the Agenda materials; and stated that authorization is requested for the Mayor to transmit the letter with the attached Exhibit A regarding comments, observations, and questions concerning the recommendations of the Urban Land Institute (ULI) ; that May 12, 2000, is the County Commission workshop date allowing public comments. Commissioner Cardamone stated that the Staff reports received concerning the ULI workshops are comprehensive, clear, and well organized. Commissioner Quillin stated that the reports are very good and clarify the discussion at the workshops; that the City has the opportunity to work with the County concerning the public concerns. Deputy City Manager Schneider stated that the Administration recommends the Commission accept the position statement and forward to the County Commission . On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to forward the position statement to the Board of County Commissioners. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin; yes; Pillot, yes. Commissioner Cardamone stated that the Commission should be represented at the May 12, 2000, meeting. Mayor Pillot stated that Vice Mayor Hogle has expressed an interest in and will be attending the meeting. 18. UNFINISHED BUSINESS: FEDERAL BUILDING ACQUISITION APPROVED TO PURCHASE THE FEDERAL BUILDING FOR $1.39 MILLION; ADOPTED RESOLUTION NO. O0R-1258; AND APPROVED THE PURCHASE AGREEMENT WITH THE REVISED PURCHASE PRICE OF $1.39 MILLION (AGENDA ITEM VI-3) #3 (1525) through (2049) Nancy Carolan, Director of General Services, came before the Commission and stated that the City has received a Purchase Agreement from the General Services Administration (GSA) for the acquisition of the historic Federal Building in the amount of $1.39 million, revised from $1.5 million. Mayor Pillot stated that the City's interest in obtaining the Federal Building is the City's administration can be conducted in the Federal Building; that the cost and disruption to add onto City Hall far outweighs the cost of obtaining the Federal Building; that the Federal Building is historic with architecture admired by the community. Deputy City Manager Schneider stated that the cost of adding additional floors to the City Hall Annex is close to the cost of buying the Federal Building; that the disruption to City business during renovations to the City Hall Annex is the main factor and would be devastating to the City's ability to conduct business. Commissioner Mason stated that the Housing and Community Development Department pays $78,244.94 in rent which could be saved by moving the department to the Federal Building; that the Sarasota Bay National Estuary Program (SBNEP) may be able to provide rent in the amount of $18,109 per year. Commissioner Cardamone stated that income from SBNEP should not be counted on for an extended period. Gibson Mitchell, Director of Finance, came before the Commission and stated that the rents are paid by the Federal government; that the Federal government's formula was utilized to determine possible lease amounts. Commissioner Cardamone stated that the City could make a net gain from leasing to Federal agencies. Commissioner Quillin stated that the Federal Building should remain in public hands and could be changed into a different type of complex; that the use of the Federal Building should not be decided hastily; that partnering with the County is a possibility. Deputy City Manager Schneider stated that the Administration recommends purchasing the Federal Building for $1.390 million. BOOK 47 Page 19588 05/01/00 6:00 P.M. BOOK 47 Page 19589 05/01/00 6:00 P.M. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to purchase the Federal Building for $1.39 million. Deputy City Manager Schneider stated that the Administration also recommends adopting Resolution No. O0R-1258 and approving the Purchase Agreement with the revised purchase price of $1.39 million. Vice Mayor Hogle, as the maker of the motion, with the approval of Commissioner Cardamone, as the seconder, revised the motion as to purchase the Federal Building for $1.39 million, adopt Resolution No. O0R-1258, and approve the Purchase Agreement with the revised purchase price of $1.39 million. City Auditor and Clerk Robinson read Resolution No. O0R-1258 by title only. Commissioner Cardamone stated that the Commission had numerous discussions concerning purchasing the Federal Building and the benefit of information including comparisons between renovating the City Hall Annex and purchasing the Federal Building. Commissioner Quillin stated that bonding is required. Mr. Mitchell stated that in February 2000, the Commission approved Resolution No. 00-1251 allowing the City to begin a process with First Florida Governmental Finance Commission (FFGFC) to issue bonds; that the City is currently waiting in a pool to proceed with the bonding; that the City has an AA rating; that FFGFC is anxious to have the City included in the bonding pool; that the Commission's approval is necessary to continue the process. Commissioner Quillin stated that the millage rate will be affected. Mr. Mitchell stated that is correct; that a millage increase is anticipated as previously indicated to the Commission. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to purchase the Federal Building for $1.39 million, adopt Resolution No. O0R-1258, and approve the Purchase Agreement with the revised purchase price of $1.39 million. Motion carried unanimously (5 to 0): Hogle, yesi Mason, yes; Pillot, yes, Quillin, yes; Cardamone, yes. 19. NEW BUSINESS: IMPLEMENTATION OF A SARASOTA BAY MOORING FIELD ADJACENT TO THE SARASOTA SAILING SOUADRON LEASEHOLD ON KEN THOMPSON PARK - ACCEPTED THE CONCEPT PLAN AND DIRECTED THE CITY ATTORNEY TO DEVELOP A LETTER OF SUPPORT FOR PRESENTATION TO THE COMMISSION (AGENDA ITEM VII-1) #3 (2050) through (2549) Mayor Pillot stated that the Sarasota Sailing Squadron (SSS) is requesting implementation of a Sarasota Bay mooring field adjacent to the SSS leasehold on Ken Thompson Park. Stan Zimmerman, Member, Mooring Task Force, SSS, and John MacKay, Commodore, SSS, came before the Commission. Mr. Zimmerman stated that the Commission's assistance in helping the SSS manage the mooring field is requested; that in the past, the SSS established a mooring field offshore of Ken Thompson Park with the City's help; that the mooring field has grown beyond the expectations of the SSS; that due to SSS's inability to manage the field, boats break loose causing damage to other boats; that the SSS has no right to establish standards or rules or to limit the number of boats permitted; that 2.5 years ago the SSS began a process with a charrette including members of the University of Florida College of Law to determine if the SSS could legally manage the mooring field; that issues identified during the charrette were brought before the Southwest Regional Harbor Board which was requested to examine the management plan; that Southwest Regional Harbor Board approved the plan unanimously; that the SSS Board of Directors approved the plan unanimously; that the City Engineer, City Attorney and City Manager reviewed the plan and helped make refinements; that the City Attorney drafted a proposed agreement with the SSS to explore managing the mooring field; that the SSS is uncertain of future costs and legal requirements; that the final decision concerning the * mooring issue will be made by the Governor and Cabinet sitting as the land and water adjudicatory board; that the SSS is seeking approval by the Commission of the conceptual proposal to go before the State to obtain land management approval to maintain the underwater land of the mooring field; that the SSS requests the City write a letter of recommendation to the State regarding the proposal, strengthening the SSS's argument; that the SSS has a history of volunteer support; that the SSS is pursuing the matter with the aid of volunteers alone; that a copy of the draft agreement is included in the Agenda materials for Commission review. City Attorney Taylor stated that the bay is faced with increasing numbers of mooring boats with no management structure to control the problem; that the City Manager authorized drafting a conceptual document to partner with the SSS to control the mooring problem; that the City Manager desired the opinion of the Commission towards endorsing the concept of the SSS acting in a BOOK 47 Page 19590 05/01/00 6:00 P.M. BOOK 47 Page 19591 05/01/00 6:00 P.M. management position as the agent for the City regarding the mooring field; that the Commission can instruct the Administration to finalize a document acceptable to the SSS and the City if the Commission is interested in proceeding to the State to gain control over the anchoring off Ken Thompson Park. Deputy City Manager Schneider stated that the Administration recommends the Commission instruct the Administration to prepare an agreement for presentation to the Commission for final action. Mr. Zimmerman stated that historically the SSS has worked with the City; that the approval process is not breaking a long- standing tradition. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to accept the concept plan presented and direct the City Attorney to develop a letter of support for presentation to the Commission. Commissioner Cardamone stated that the Bayfront area can possibly be improved if the SSS can successfully manage the Ken Thompson Park area; that improving the Bayfront area has been a desire for 7 years; that the SSS should be allowed to test the waters; that the management plan is better than many of the expensive proposals of the past; that the SSS deserves good fortune in accomplishing the proposal goals which will improve safety in the area. Vice Mayor Hogle stated that as a member of the Pram Fleet as a youngster, the project is firmly supported. Mayor Pillot called for a vote on the motion to accept the concept plan presented and direct the City Attorney to develop a letter of support for presentation to the Commission. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot stated that the SSS should be in touch with Staff to accomplish the tasks approved. 20. BOARD APPOINTMENTS CITY COMMISSION REPRESENTATION. ON BOARDS AND COMMITTEES - APPOINTMENTS MADE (AGENDA ITEM VIII-1) #3 (2550) through (2820) Mayor Pillot stated that the Commission has representation on various Boards and Committees to which assignment is necessary. City Auditor and Clerk Robinson distributed a May 1, 2000, memorandum indicating the current Commissioner representation on the various Boards and Committees including: 1) expiration date of the term, 2) possibility of alternates, and 3) date of appointment. Mayor Pillot asked if any Commissioner wishes to change current representation? Commissioner Cardamone stated that a personal preference is serving on the Tourist Development Council (TDC), if acceptable to the Mayor, and being replaced on the Economic Development Board (EDB). Mayor Pillot stated that serving on the EDB rather than the TDC is acceptable. Commissioner Cardamone stated that Commissioner Quillin has been the alternate and is scheduled to attend the next EDB meeting. Mayor Pillot stated that Commissioner Quillin could be the Commission EDB representative if desired; that he would serve as alternate. Commissioner Quillin stated that City representation is important; that serving on the EDB is acceptable; that information will be shared with the Commission. Mayor Pillot stated that hearing the consensus of the Commission, the Commission representation is as follows: Sarasota/Manatee Metropolitan Planning organization (MPO) Board: Vice Mayor Hogle and Commissioner Quillin; Commissioner Cardamone as alternate Sarasota Bay National Estuary Policy Committee: Commissioner Cardamone Tourist Development Council: Commissioner Cardamone; Commissioner Mason as alternate Economic Development Board: Commissioner Quillin; Mayor Pillot as alternate Children and Youth Services Advisory Council: Commissioner Mason; Commissioner Quillin as alternate Sarasota Community Action Agency Board: Commissioner Mason; Commissioner Quillin as alternate Sarasota County Coastal Advisory Committee: Vice Mayor Hogle serving in an ex-officio capacity Manasota League of Cities: Vice Mayor Hogle Council of Governments: Mayor Pillot; Vice Mayor Hogle as alternate BOOK 47 Page 19592 05/01/00 6:00 P.M. BOOK 47 Page 19593 05/01/00 6:00 P.M. Juvenile Justice Council: Vice Mayor Hogle; Commissioner Mason as alternate Liaison to the Pension Boards: Vice Mayor Hogle Liaison to the Sarasota Housing Authority: Commissioner Mason 21. BOARD APPOINTMENTS: BOARD OF RULES AND APPEALS REAPPOINTED FRANK WILLIAMS, DAVID PERNA, RALPH HARDESTY, AND DOUGLAS PEREGOY (AGENDA ITEM VIII-2) #3 (2820) through (2875) Mayor Pillot stated that the appointment concerns the Board of Rules and Appeals; that Board members are appointed for a three- year term; that the terms held by Frank Williams, David Perna, Ralph Hardesty and Douglas Peregoy expire in May 2000; that each is eligible for and has expressed an interest in reappointment. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to reappoint Frank Williams, David Perna, Ralph Hardesty and Douglas Peregoy. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 22. BOARD APPOINTMENTS NUISANCE ABATEMENT BOARD - REAPPOINTED DOROTHY CLARK AND BEVERLY SCOTT; APPOINTED SCOTT ELLER (AGENDA ITEM VIII-3) #3 (2875) through (2970) Mayor Pillot stated that the appointment concerns the Nuisance Abatement Board; that Danny Bilyeu has resigned from the Nuisance Abatement Board; that the terms held by Dorothy Clark and Beverly Scott expire in May 2000; and that both are eligible for and have expressed an, interest in reappointment. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to reappoint Dorothy Clark and Beverly to the Nuisance Abatement Board. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Vice Mayor Hogle nominated Elmer Berkel for appointment. Commissioner Mason nominated Scott Eller for appointment. Mayor Pillot called for a vote on the nominations. Elmer Berkel received two votes: Hogle, yes; Pillot, yes. Scott Eller received three votes: Cardamone, yes; Mason, yes; Quillin, yes. Mayor Pillot announced the appointment of Scott Eller to the Nuisance Abatement Board. 23. BOARD APPOINTMENTS: PLANNING BOARD/LOCAL PLANNING AGENCY - REAPPOINTED SANDRA VAUGHN AND DR. ROBERT KANTOR (AGENDA ITEM VIII-4) #3 (2970) through (3080) Mayor Pillot stated that the appointment concerns the Planning Board/Local Planning Agency (PBLP); that the terms held by Sandra Vaughn and Dr. Robert Kantor expire in May 2000; that each is eligible for and has expressed an interest in reappointment. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to reappoint Sandra Vaughn and Dr. Robert Kantor. Motion carried unanimously (5 to 0) : Cardamone, yesi Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Quillin stated that the City Boards should be representative of the City. Vice Mayor Hogle agreed and stated that good candidates should be recruited. Commissioner Quillin stated that representation from throughout the City provides a better balance; that the Board vacancies should be posted on the City's Web site. City Auditor and Clerk Robinson stated that Board vacancies are posted on the City's Web site. 24. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (3080) There were no Commission Board or Committee reports. 25. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #3 (3080) through #4 (0402) COMMISSIONER CARDAMONE : A. stated that public congratulations are due Gibson Mitchell, Director of Finance, for the letter to the Property Appraiser to recheck every tax bill for the Tax Increment Financing (TIF) District; that an elaboration concerning the reason for the letter would be appreciated. BOOK 47 Page 19594 05/01/00 6:00 P.M. BOOK 47 Page 19595 05/01/00 6:00 P.M. Gibson Mitchell, Director of Finance, came before the Commission and stated the Property Appraiser sent the City Manager an itemization of the original reporting and the subsequent adjustments for the tangible property for the TIF District; that the difference began in 1991, at which time tangible property was included in the calculation; that the property values in the TIF District increased by $94 million during the first 5 years, or approximately 5 percent per yeari; that business suffered a downturn in the early 1990s, resulting in a decrease in property values so the total growth in the TIF District is only $13 million after 8 years; that something must be wrong; that an $18 million decline was realized in 1991; that a list was presented of the office buildings which were devalued by $20 million by the Property Appraiser; that the new report of property values does not seem acceptable; that a listing of the devaluation is desired to explain the discrepancy. Commissioner Cardamone stated that human error may occur; that a transition has occurred at the Property Appraiser's Office; that requesting a reasonable explanation or a correction if a mistake has been made is appreciated. Mr. Mitchell stated that the public acknowledgement is appreciated; that the day the City cannot rely on the certification of the Property Appraiser will be sad. COMMISSIONER MASON: A. stated that residents were recently notified concerning the new City ordinance concerning parking in the right- of-way; that many telephone calls have been received; that notification through the utility bills of the public hearing process may be considered but may not work due to the billing cycle. City Auditor and Clerk Robinson stated that notification through the utility bills may be feasible if a major issue is being presented and adequate time is available in advance. Commissioner Cardamone stated that the description of right-of-way gave the mistaken impression parking on the street is not allowed; that people are encouraged to park on the street; that another notification with a diagram defining the right-of-way, i.e., the area between the curb and the sidewalk or 10 feet in from the curb, should be sent. Commissioner Quillin stated that each neighborhood is different; that a conversation was held with the Police Chief; that the notice was not dated; that the ordinance number was not provided; that another notice is currently being prepared. B. stated that a carjacking was recently witnessed; that 911 was called but was busy; that the County Sheriff indicated the number of people calling resulted in a busy signal; that no one should ever call 911 and receive a busy signal; that one occurrence of a busy signal is too many. Vice Mayor Hogle stated that complaints are sporadically received; that the Consolidated Communications Center (CCC) is still striving for full staffing; that a Blue Ribbon Committee should be considered if the problems continue over time. Commissioner Mason agreed and stated that people are discontent regarding reporting crime and the response time; that the Police Department is being blamed but is often not receiving timely notification from the CCC. C. stated that copies of letters sent to all Commissioners should be sent by Commission Staff to the City Auditor and Clerk. D. stated that personal attendance at the charrette for the update of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) was not as frequent as desired due to a death in the family. COMMISSIONER QUILLIN: A. referred to an April 30, 2000, letter in the Sarasota Herald-Tribune entitled "Ringling Museum: Deal not compliant with will's intent"; that many telephone calls have been received; that the article indicates an Attorney General's opinion has not been requested concerning the amendment to a Senate bill making the John and Mable Ringling Museum of Art (Ringling Museum) a part of Florida State University (FSU) ; that the City was named in the will; that the Ringling Museum is in the City limits; that the City is not on either side of the issue; that the City Attorney could request an opinion from the Attorney General on behalf of the Cityi that much confusion exists. City Attorney Taylor stated that the City would have the legal right to make the request; that one consideration is if the City wishes to know the answer; that once the question is asked and answered, consequences may result for interested parties; that a consideration is if the City wishes a response on the record. Vice Mayor Pillot stated that the article indicated the Ringling Museum will become the property of the City if relinquished by the State; that the City probably does not wish to operate the Ringling Museum. BOOK 47 Page 19596 05/01/00 6:00 P.M. BOOK 47 Page 19597 05/01/00 6:00 P.M. Commissioner Quillin stated that the City's operating the Ringling Museum was not intended; that the State is placing the Ringling Museum in the State University system and is not relinquishing control; that considerable discussion is occurring in the community; that the City is not involved. Commissioner Cardamone asked the gain derived from asking the Attorney General for an opinion? Commissioner Quillin stated that the gain could be continuity for the Ringling Museum; that the community's concern regarding the possibility of losing the Ringling Museum could be stopped; that the City is the most neutral party. Vice Mayor Hogle stated that obtaining an Attorney General's opinion would be supported if a representative of the Board of Directors of the Ringling Museum sO requested. City Attorney Taylor stated that standing is required to ask for an Attorney General's opinion; that many organizations have standing and may have different legal positions; that the reason for obtaining an Attorney General's if the City will not gain is unclear. Mayor Pillot stated that the concern is valid; that one telephone call was received from a member of the public who does not want ownership transferred to FSU; that the response was the Commission does not make that decision; that requesting an Attorney General's opinion is not supported. MAYOR PILLOT: A. stated that the Commission's agreement to hold an informal Commission discussion meeting to discuss the future calendar would be appreciated. Mayor Pillot stated that hearing the Commission's agreement, an informal Commission discussion meeting will be held at 4 p.m. on June 5, 2000. Commissioner Quillin stated that a review of the Commission workshop schedule is desired; that some workshops have been reports. Mayor Pillot agreed and stated that the intent is to determine the schedule desired by the Commission. B. stated that the City Auditor and Clerk was requested to provide a personal review of the procedures for chairing a meeting, which will be conducted at the June 5, 2000, informal Commission discussion meeting. 26. OTHER MATTERS ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (0402) through (0455) CITY AUDITOR AND CLERK ROBINSON: A. stated that the first City magazine program entitled "City Life" will be aired on Access Sarasota Channel 52 on May 14, 2000; that segments on disk golf, Laurel Park, the Van Wezel Performing Arts Hall, the trolley cars, Cocoanut Avenue beautification project, and the Millennium Breakfast; that the Mayor will be requested to host the program; that a segment will also be broadcast concerning the Advisory Boards including clips of meetings and interviews with members; that the vacancies will be displayed for recruiting.. B. stated that a meeting of the CRA Master Plan update charrette will be held on Tuesday, May 2, 2000, at 7 p.m. at the Sarasota Opera House 27. ADJOURN (AGENDA ITEM XII) #4 (0456) There being no further business, Mayor Pillot adjourned the Regular meeting of May 1, 2000, at 10:55 p.m. 1n S6 OTA GENE M. PILLOT, MAYOR € e er 36 ROBINSON, CITY AUDITOR AND CLERK BOOK 47 Page 19598 05/01/00 6:00 P.M.