MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 21, 1994, AT 6:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins, Mollie Cardamone and Gene Pillot, city Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RETIREMENT AWARD TO RICHARD A. GAUTHIER, LIEUTENANT, POLICE SERVICES BUREAU, PUBLIC SAFETY DEPARTMENT, WITH 26 YEARS OF SERVICE #1 (0030) through (0175) Gordon Jolly, Chief of Police Services Bureau, and Richard Gauthier, Lieutenant, Public Safety Department, came before the Commission. Police Chief Jolly stated that Lt. Gauthier has concluded his employment with the City after 26 years; that Lt. Gauthier was one of the few City of Sarasota officers to be shot in the line of duty. Police Chief Jolly thanked Lt. Gauthier for all his efforts and congratulated him on his retirement. Commissioner Pillot stated that he has a high respect for all the police officers of the City of Sarasota with special appreciation and respect for Lt. Gauthier; that 26 years of service equates to 6,000 times that Lt. Gauthier went out on the street and took a risk to protect the citizens of Sarasota; that it is a distinct privilege to thank Lt. Gauthier for his services. Mayor Patterson read the Retirement Award in its entirety and presented Lt. Gauthier with a plaque. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 1994 - POBERT K. COYLE, MATIPOOM COORDINATOR, GENERAL SERVICES DEPARTMENT #1 (0176) through (0290) Robert Gerkin, Director of General Services, and Robert Coyle, Mailroom Coordinator, came before the Commission. BOOK 37 Page 11046 11/21/94 6:00 P.M. BOOK 37 Page 11047 11/21/94 6:00 P.M. Mr. Gerkin stated that Bob Coyle has served the City for over seven years picking up, sorting, and distributing outside and interoffice mail and performing monthly mass mailing of water bills, public notices, etc.; that he is usually the first employee to arrive at City Hall and the last one to leave; that his attitude is always positive and he will go out of his way to provide special services for fellow employees and the Commission. Mr. Gerkin recognized Mr. Coyle's family who was present in the audience and congratulated him on receiving the Employee of the Month award. Mayor Patterson presented Mr. Coyle with a plaque and certificate for the Employee of the Month for October 1994 in appreciation of his unique performance with the City of Sarasota and congratulated him for his outstanding efforts. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0293) through (0307) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Board Appointments, Item X-5, Appointment Re: Housing Authority Board, per the request of Mayor Patterson. Mayor Patterson asked if the Commission had any objections or additions to the Changes to the Orders of the Day. Hearing none, Mayor Patterson stated that the Changes to the Orders of the Day were approved by unanimous consent. 4. APPROVAL OF MINUTES: REGULAR CITY COMMISSION MEETING OF NOVEMBER 7, 1994 = APPROVED (AGENDA ITEM I) #1 (0307) through (0322) On motion of Commissioner Atkins and second of Commissioner Cardamone, it was moved to approve the minutes of the regular City Commission meeting of November 7, 1994. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. CONSENT AGENDA NO. 1: ITEMS 1, 2, 3, 4, 5, 6, 7, 8, AND 9 APPROVED (AGENDA ITEM III-A) #1 (0347) through (0365) 1. Approval Re: Request by Downtown Business Coalition for Occupational License Revenues 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the State Revolving Fund Loan Agreement authorizing an additional $310,000 for the City's Sewer Rehabilitation Project 3. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute a Second Amendment to the Professional Services Contract with Post, Buckley, Schuh & Jernigan, Inc. (R.F.P. #92-62) for the City-Wide Sanitary Sewer Rehabilitation Project 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Lease Agreement between the City of Sarasota and Jefferson Center, Inc. to obtain space for the installation, maintenance, and operation of certain equipment which will be utilized as a Police Com- munications System, located at 930 N. Tamiami Trail, Sarasota, Florida which is owned by the Jefferson Center 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Professional Services Contract with Ardaman & Associates, Inc., (R.F.P. #94-148) for consulting services relative to soil and materials testing on a continuing contract to provide all testing required by projects administered by the City 6. Approval Re: First Amendment to Nutri-Source Inc. Contract, extending the agreement for the sale of compost for one (1) additional year 7. Approval Re: Authorize the Sarasota Visual Arts Center to construct a "sculpture garden" on the northeast section of their leasehold property, which is located at 707 N. Tamiami Trail 8. Approval Re: Set for public hearing proposed Ordinance No. 94-3808, amending Article IX, Nonconforming Lots, Uses, etc.; Division 4, nonconformity resulting from the exercise of the power of Eminent Domain, by providing for exemption from the Zoning Code for real property located on Tuttle Avenue between Dr. Martin Luther King, Jr. Way and Hibiscus Street when Sarasota County has exercised it's power of Eminent Domain and has acquired or is in the process of acquiring a portion of an existing lot or parcel. Providing for the repeal of or- dinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; providing for a penalty for violations; etc. 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a formal agreement with Simpson & Associates, Inc., for the asbestos abatement/demolition of the Three Crowns Hotel and related buildings On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Items 1 BOOK 37 Page 11048 11/21/94 6:00 P.M. BOOK 37 Page 11049 11/21/94 6:00 P.M. through 9 inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 95R-779) ADOPTED; ITEM 2 (RESOLUTION NO. 95R-783) - ADOPTED; (AGENDA ITEM III-B) #1 (0365) through (0425) City Auditor and Clerk Robinson read proposed Resolution Nos. 95R-779 and 95R-783 in their entirety. 1. Adoption Re: Proposed Resolution No. 95R-779, appropriating $202,190 from the Unreserved General Fund Fund Balance to fund the additional cost of demolition for the Three Crowns Motel on Lido Key for asbestos removal; etc. 2. Adoption Re: Proposed Resolution No. 95R-783, appropriating $12,954 from the Special Law Enforcement Trust Fund (Forfeitures) to fund six months rent for an off-site location for the Vice Intelligence Narcotics Section; etc. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to adopt Consent Agenda No. 2, Items 1 and 2. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 7. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL MEETING OF OCTOBER 18, 1994 - REPORT ACCEPTED (AGENDA ITEM II) #1 (0430) through (0581) Jane Robinson, Director of Planning and Development, and Ron Annis, Chairman of the Planning Board/Local Planning (PBLP) Agency, came before the Commission. Mr. Annis presented the following items from the Planning Board/Local Planning Agency's special meeting of October 18, 1994: A. Preliminary Site and Development (PS&D) Plan 94-N - to permit renovation and expansion to the Alta Vista Elementary School Campus Mr. Annis stated that the PBLP found PS&D 94-N consistent with the Sarasota City Plan and recommends approval to the Commission. B. Preliminary Site and Development (PS&D) Plan 94-M - to permit renovation and expansion to the Sarasota High School Campus Mr. Annis stated that PS&D 94-M presented before the PBLP did not include the Hatton Street bypass to Shade Avenue which is part of the PBLP's recommendation to the City Commission; that the PBLP found PS&D 94-M, showing the bypass to Shade Avenue, consistent with the Sarasota City Plan and recommends approval to the Commission contingent upon the City's vacation of School Avenue (from Tami Sola Street to Hatton Street) and the adoption of the Hatton Street bypass to Shade Avenue reroute. Mr. Annis continued that compliance with the Tree Ordinance was not addressed with regard to PS&Ds 94-M and 94-N since sufficient evidence on which to base a decision was not provided. Commissioner Pillot asked how many PBLP were present at the October 18, 1994, meeting? Mr. Annis stated that three members were present and two members were absent. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to accept the report of the PBLP special meeting of October 18, 1994. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson stated that public hearings are advertised for 6:30 p.m. Since it was not that time, it was the consensus of the Commission to address Board Appointments at this time. Mayor Patterson stated that all applications for the Housing Authority Board Appointments have not yet been received; that removal of that item was requested so that a decision could be made on all Housing Authority appointments at once. 8. BOARD APPOINTMENTS: APPOINTMENT RE: BOARD OF ADJUSTMENT - REAPPOINTED FRANK CONRAD AND JOHN BROWNING (AGENDA ITEM IX-1) #1 (0620) through (0633) Mayor Patterson stated that the terms of Frank J. Conrad and John B. Browning expire this month; that both members have expressed an interest in reappointment. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to reappoint Frank Conrad and John Browning to the Board of Adjustments. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 9. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD REAPPOINTED EDWARD HOOPER, WILLIAM KNIGHT, AND GAIL GEGG ROSENBERG (AGENDA ITEM IX-2) BOOK 37 Page 11050 11/21/94 6:00 P.M. BOOK 37 Page 11051 11/21/94 6:00 P.M. #1 (0633) through (0637) Mayor Patterson stated that the terms of Edward Hooper, William L. Knight, and Gail Gegg Rosenberg expire this month; that each has expressed an interest in reappointment. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to reappoint Edward Hooper, William Knight, and Gail Gegg Rosenberg to the Citizens with Disabilities Advisory Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 10. BOARD APPOINTMENTS: APPOINTMENT RE: ELECTRICAL BOARD OF RULES AND APPEALS - REAPPOINTED RALPH HARDESTY AND FRANK WILLIAMS (AGENDA ITEM IX-3) #1 (0646) through (0669) Mayor Patterson stated that the terms of Ralph E. Hardesty, serving in the Licensed Unlimited Electrical seat, and Frank B. Williams, serving in the Licensed Electrical Engineer seat, expire this month; that both have expressed an interest in reappointment. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to reappoint Ralph Hardesty and Frank Williams to the Electrical Board of Rules and Appeals. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 11. BOARD APPOINTMENTS: APPOINTMENT RE: HISTORIC PRESERVATION BOARD - REAPPOINTED WILLIAM MERRILL AND ROBERT MORRIS TOWN (AGENDA ITEM IX-4) #1 (0670) through (0687) Mayor Patterson stated that the terms of William W. Merrill, III, serving in the Attorney seat, and Robert Morris Town, III, serving in the Architect seat, expire this month; that both have expressed an interest in reappointment. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to reappoint William Merrill and Robert Town to the Historic Preservation Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 12. BOARD APPOINTMENTS: APPOINTMENT RE: MECHANICAL BOARD OF RULES AND APPEALS - REAPPOINTED BILL HARRIS AND LARRY SCHLABACH (AGENDA ITEM IX-6) #1 (0687) through (0713) Mayor Patterson stated that the terms of Larry Schlabach, serving in the Licensed Contractor seat, and Bill Harris, serving in the Licensed Engineer seat, expire this month; that both have expressed an interest in reappointment. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to reappoint Larry Schlabach and Bill Harris to the Mechanical Board of Rules and Appeals. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 13. BOARD APPOINTMENTS: APPOINTMENT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD - REAPPOINTED ALAN LILLIE (AGENDA ITEM IX-7) #1 (0714) through (0737) Mayor Patterson stated that the term of Alan R. Lillie expires this month; that Mr. Lillie has expressed an interest in reappointment. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to reappoint Alan Lillie to the Parks, Recreation, and Environmental Protection Advisory Board. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 14. BOARD APPOINTMENTS: APPOINTMENT RE: PLUMBING BOARD OF RULES AND APPEALS - REAPPOINTED RONALD SCHWIED (AGENDA ITEM IX-8) #1 (0737) through (0745) Mayor Patterson stated that the term of Ronald J. Schwied, serving in the Licensed Mechanical Engineer seat, expires this month; that Mr. Schwied has expressed an interest in reappointment. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to reappoint Ronald Schwied to the Plumbing Board of Rules and Appeals. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 15. BOARD APPOINTMENTS: APPOINTMENT RE: PUBLIC ART COMMITTEE = REAPPOINTED KATHERINE HANSEN O'CONNELL; APPOINTED MARK ORMOND (AGENDA ITEM IX-9) #1 (0745) through (0848) Mayor Patterson stated that the term of Katherine Hansen O'Connell, serving in the Art Expert seat, expires this month; and that Dwight D. Rose, appointed to the City Resident or Property Owner seat, has resigned; that Ms. O'Connell has expressed an interest in reappointment; that applications for the Resident of Property Owner seat are contained in the agenda packets. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to reappoint Kate Hansen O'Connell to the Public Art Committee. Motion carried unanimously (5 to 0): BOOK 37 Page 11052 11/21/94 6:00 P.M. BOOK 37 Page 11053 11/21/94 6:00 P.M. Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Commissioner Atkins nominated Maisha El-Shabu for appointment. Commissioner Cardamone nominated Mark Ormand for appointment; and stated that Mr. Ormond is the Deputy Director of Collections & Programs at the John and Mable Ringling Museum of Art. Mayor Patterson called for a vote on the nominations. Maisha El- Shabu received one vote: Atkins, yes. Mark Ormond received four votes: Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson announced the appointment of Mark Ormond to the city Resident/Property Owner seat on the Public Art Committee. 16. BOARD APPOINTMENTS: APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL COMMITTEE - REAPPOINTED MICHAEL PENDER AND GLENDA WILLIAMS (AGENDA ITEM IX-10) #1 (0850) through (0858) Mayor Patterson stated that the terms of Michael R. Pender and Glenda Williams expire this month; that both have expressed an interest in reappointment. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to reappoint Michael Pender and Glenda Williams to the Van Wezel Performing Arts Hall Committee. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 17. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 95-3838, AMENDING ARTICLE VIII, DIVISION 12, OF THE ZONING CODE PERTAINING TO SIGN REGULATIONS IN THE COMMERCIAL, CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT; AMENDING SAID SIGN REGULATIONS PERTAINING TO BUSINESS NAMES ON AWNINGS AND TEMPORARY PORTABLE SIGNS; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT: PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE: ETC. = PASSED ON FIRST READING (TITLE ONLY) (AGENDA ITEM IV-1) #1 (0910) through (1119) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that proposed Ordinance No, 95-3838 amends the Zoning Code relative to sign regulations in the Commercial, Central Business District (C-CBD) Zone District to allow: 1) names of a business to be located on one awning valance in letters no more than six inches high which would not be included in the calculation of the number of aggregate area for all signs; and 2) a temporary, portable A-frame sign, no larger than 17 X 22 inches per face, with a maximum, overall height of four feet to be placed on private property only during business hours; that the sign ordinance in effect which does not permit portable signage was enforced as the Main Street Project approached completion; that downtown merchants indicated that this enforcement had significantly impacted their businesses and requested relief; that this proposed ordinance is the result of meetings with downtown merchants; that this ordinance will apply only to the C-CBD Zone District which encompasses downtown; that the proposed ordinance is supported by Staff and the affected merchants. City Manager Sollenberger stated that the Administration recommends approval. Mayor Patterson opened the public hearing. The following people came before the Commission: Adam Segreti, representing Santa Fe Trails Gallery, stated that a group of Main Street merchants met with Mr. Schneider and offered input to which the City positively responded; that the Main Street merchants are satisfied with the proposed ordinance as drafted and urge Commission approval. Commissioner Cardamone asked if this ordinance will allow objects to be used to identify a business, and, specifically, if the mannequin placed in front of Nature's Way would qualify? Mr. Schneider stated no; that the proposed ordinance allows a portable 17 X 22 inch sign; that objects are excluded. There was no one else signed up to speak and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3838 by title only. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 95-3838 on first reading. Commissioner Atkins asked if the proposed ordinance would affect the mannequin on Orange Avenue? Commissioner Cardamone stated that BOOK 37 Page 11054 11/21/94 6:00 P.M. BOOK 37 Page 11055 11/21/94 6:00 P.M. it would not; that this ordinance will apply only to the C-CBD Zone District. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 18. PUBLIC HEARING RE: PRELIMINARY SITE AND DEVELOPMENT PLAN NO. 94-M, TO PERMIT RENOVATION AND EXPANSION TO THE SARASOTA HIGH SCHOOL CAMPUS, LOCATED AT 1001 SOUTH TAMIAMI TRAIL AND CONSISTING OF APPROXIMATELY 67 ACRES, IN A GOVERNMENTAL (G) ZONE DISTRICT. THE PLAN PROVIDES FOR THE CONVERSION OF THE EXISTING BUS LOOP AND PARKING, DEMOLITION OF THE EXISTING TENNIS COURTS, DEVELOPMENT OF A NEW BUS LOOP, SITE DRAINAGE AND STORM WATER RETENTION, CONSTRUCTION OF TWO NEW HIGH SCHOOL CLASSROOM BUILDINGS (TWO STORIES) A NEW BASEBALL STADIUM, A CONCESSION STAND AND PRESS BOX BUILDING, MODIFICATION AND EX- PANSION OF THE EXISTING PARKING AND BUS MAINTENANCE AREAS, AND THE REDESIGN OF LANDSCAPING AND LIGHTING; ETC. AND 19. PRELIMINARY SITE AND DEVELOPMENT PLAN NO. 94-N, TO PERMIT RENOVATION AND EXPANSION TO THE ALTA VISTA ELEMENTARY SCHOOL CAMPUS, LOCATED BETWEEN SHADE AVENUE TO THE WEST, EUCLID AVENUE TO THE EAST, THE DRAINAGE DITCH NORTH OF HATTON STREET TO THE NORTH AND TAMI SOLA STREET TO THE SOUTH AND CONSISTING OF APPROXIMATELY 28 ACRES, IN A GOVERNMENTAL (G) ZONE DISTRICT. THE PLAN PROVIDES FOR THE CONSTRUCTION AND REMODELING OF NEW AND EXISTING ONE STORY BUILDINGS AND ASSOCIATED SITE WORK IN CONJUNCTION WITH PRELIMINARY SITE AND DEVELOPMENT PLAN 94-M, FOR THE SARASOTA HIGH SCHOOL CAMPUS SITE: ETC. (PETITION NOS. 94-PSD-M AND 94-PSD-N, SCHOOL BOARD OF SARASOTA COUNTY) - APPROVED PS&DS 94-M AND 94-N WITH AMENDMENTS (TITLE ONLY) (AGENDA ITEM IV-2) #1 (1120) through #4 (1150) Jane Robinson, Director of Planning and Development, and Pamela Hower, Senior Planner, came before the Commission and distributed a handout related to common goals and a meeting "script". Vice Mayor Merrill stated that a realignment of School Avenue is not included on the PS&DS provided; and asked if the Commission is expected to address the issue related to School Avenue as part of this Preliminary Site and Development (PS&D) approval process? City Manager Sollenberger stated that the PS&D as proposed does not include actions related to School Avenue; however, the recommendation of the PBLP was contingent upon a modification to the PS&D which closed a portion of School Avenue and included a bypass from Hatton Street to Shade Avenue. City Attorney Taylor stated that in accordance with the City's codes and Land Development Regulations, the PBLP is required to find the PS&D consistent with the City's Comprehensive Plan prior to recommending approval to the City Commission; that the PBLP's finding of consistency was based on the inclusion of a bypass from Hatton Street to Shade Avenue; that the City Commission must find consistency with the Comprehensive Plan if the PBLP's recommendation is not followed. Vice Mayor Merrill stated that the issue of vacating School Avenue has not been advertised; therefore, the Commission cannot vote to vacate School Avenue at this time. City Attorney Taylor stated that under the City's codes, street vacations follow a separate public hearing process, distinct from the PS&D process; that the closing of School Avenue should be an independent process; however, the Staff feels that dealing with the issue of pedestrian and traffic movement along School Avenue is a necessary condition to PS&D approval. V. Peter Schneider, Deputy City Manager, stated that the street- closing process involves a petition being filed for street vacation with the City Auditor and Clerk, a public hearing before the PBLP, and a subsequent public hearing before the City Commission. Vice Mayor Merrill stated that the PS&D presented does not include a street vacation; that the Commission could vote to approve the PS&D and separately address the traffic and pedestrian issues. Commissioner Pillot stated that the issue relating to School Avenue should not be avoided although action separate from the PS&D approval may be necessary; that he has no concerns with the PS&DS as they relate to east and west of School Avenue; that the plans appear to be excellent plans and something which falls within the expertise of the school administration and the School Board; that he is prepared to support the PS&DS as presented; that, if appropriate, the Commission could spend its time tonight addressing the safety issue of high school student crossing School Avenue. Commissioner Cardamone asked Commissioner Pillot if he would be willing to act on the PS&DS independently and separately from any traffic mitigation. Commissioner Pillot stated that he would be. Commissioner Pillot requested that City Attorney Taylor explain for the benefit of the public why the Commission had to reluctantly tell callers that they could not legitimately discuss this issue with them. BOOK 37 Page 11056 11/21/94 6:00 P.M. BOOK 37 Page 11057 11/21/94 6:00 P.M. City Attorney Taylor stated that the action being requested by the city Commission deals with a site-plan approval process; that as a matter of law in the State of Florida, a site plan approval is classified as a quasi-judicial proceeding and is no longer deemed legislative; that the law specifically states that the Commission's decisions cannot be discretionary; that the Commission is restricted to making decisions based on competent, substantial, evidence submitted during the public hearing process and establishing a record of testimony that is subject to judicial review; therefore, the Commissioners must conduct themselves in a certain manner which includes precluding contact with members of the public outside the proceeding on questions directly related to the proceeding and the decision they will render. Mayor Patterson stated that a recent newspaper editorial mentioned that in accordance with the interlocal agreement, decisions on this issue may not be binding until the School Board, the County, and the City meet for discussion; that closing School Avenue was not contemplated when the interlocal agreement was entered into; that the City Commission had previously taken an official position against vacating School Avenue; and asked for clarification of the appropriateness of the City taking action on this item since a three-party meeting has not taken place. Mr. Schneider stated that the interlocal agreement states that a joint meeting would be held after the PBLP reviewed the traffic mitigation alternatives; that the City Commission is being requested to approve a PS&D; that the joint meeting between the School Board, County, and City will deal only with the traffic mitigation alternatives. City Manager Sollenberger stated that only the City Commission can vote on the approval of the PS&D; that the ideal situation would have been to follow the interlocal agreement and hold a joint meeting with the three elected bodies to receive input and resolve traffic mitigation issues prior to the public hearing taking place tonight on the PS&D; however, due to time constraints, the School Board's funding source may have been jeopardized if the meeting procedure set forth in the interlocal agreement had been followed. Vice Mayor Merrill stated that student safety will be considered and a safe crossing will be determined; that there are numerous ways and means to get students safely across School Avenue; that safety is not the actual issue related with traffic mitigation; that the issues actually relate to which alternative will be the least expensive, completed the quickest, and provide the least disruption to neighborhoods. Vice Mayor Merrill continued that the issue of vacating School Avenue was not contemplated when the interlocal agreement and traffic study were set up; that the traffic data available does not fully address the impacts associated with closing School Avenue and building a bypass; therefore, the Commission cannot make a good decision tonight on how to best address the traffic issues. Mayor Patterson stated that Staff has provided the Commission with a script for tonight's presentation and public hearing process. Commissioner Atkins stated that the prepared script may be premature if the Commission will have to endure the same script during the tri-party meeting called for in the interlocal agreement meeting. Mayor Patterson stated that the particular issue of PS&D approval has become complicated for two reasons: 1) the School Board's schedule as it relates to construction, and 2) the issue of street closure that was never contemplated; that the Commission needs to address those issues; that the decision on what to do with School Avenue will be made by the City only; therefore, the same script will not be enacted at the tri-party meeting. City Attorney Taylor stated that the School Board, as a petitioner, has formally filed two PS&D documents which gives them the right to receive a quasi-judicial proceeding; that the Commission would be in error if testimony was not taken tonight to establish a record; that the petitioner has the right to be heard and ask for relief; that the public that has responded as part of this process also has the right to be heard. Mayor Patterson stated that, therefore, the Commission has no option other than to hear the presentation. Commissioner Pillot stated that the two issues though interrelated are separate; that the construction on the east and west campuses of Sarasota High School (SHS) will take place regardless of what happens to School Avenue; that no controversy related to the placement of the buildings has been heard; that the controversy surrounds the future of School Avenue; that approving the PS&D should be an easy task for the Commission. Vice Mayor Merrill stated he understands a petitioner would want to have testimony heard to establish a record so a lawsuit could be filed and an unfavorable decision possibly overturned; however, the controversy surrounds an issue other than the School Board's PS&D petitions; and asked if three hours of testimony would be necessary if the Commission votes to support the School Board's PS&D petitions? City Attorney Taylor stated that the public may not support the PS&DS submitted; that the purpose of the public hearing is to determine if there are adverse impacts associated with the configuration of the buildings, etc.; that the Staff analysis does BOOK 37 Page 11058 11/21/94 6:00 P.M. BOOK 37 Page 11059 11/21/94 6:00 P.M. not indicate adverse impacts; however, opportunity should be given for individuals to speak against that configuration. Vice Mayor Merrill stated that the Commission has knowledge of what the petitioner's presentation would be based on the abundance of data received relating to the PS&DS; that a lengthy presentation should not be necessary. City Attorney Taylor stated that sufficient discussion and facts should be established in the record to support a finding of consistency with the Comprehensive Plan. Commissioner Cardamone stated that the petitioner's presentation and public hearing comments could be confined to the PS&Ds rather than the traffic issues. Commissioner Pillot stated that he agrees. Mayor Patterson stated that the outlined procedure sounds reasonable; however, she is concerned that once the school is constructed and operating some measure will have to be taken to make sure the students get safely from one side of the campus to the other; that it makes a certain amount of sense to begin addressing that contentious issue as rapidly as possible. Commissioner Cardamone stated that after action is taken on the PS&Ds, the Commission could discuss how the traffic mitigation should be presented at a tri-party meeting. Mayor Patterson stated that discussion of street closure belongs at the Commission table, not at a tri-party meeting. Vice Mayor Merrill stated that adequate documentation is available for the Commission to find the PS&DS consistent with the Comprehensive Plan; that the minimum safety requirement necessary would be to have a school-crossing guard present every hour to safely cross students; that Booker High School is an example that safety concerns can be addressed without building an overpass/underpass or closing a road. Vice Mayor Merrill continued that a wealth of resources are available in the audience tonight to provide opinions on what could be done in the future and help clarify the issue; that a solution could be reached tonight; that the citizens present should be heard. Mayor Patterson stated that the script should be followed as written; that a decision on whether to accept the PBLP's recommendation or approve the PS&Ds as presented should be made after the public hearing. Commissioner Pillot stated that an abundance of material was available to the Commission for review; that a lengthy presentation on the placement of buildings, which is noncontroversial, could be avoided in the spirit of saving time. City Attorney Taylor stated that the petitioner should be asked whether or not the Commission's remolding of the procedure is objectionable. Ms. Hower stated that discussions have been held at the Staff level with regard to whether crossing of students on School Avenue is a PS&D issue or a traffic study issue; that the City Attorney's office rendered the opinion that it is a PS&D issue; that the city cannot tie the petitioner to anything if the issue is not addressed as part of the PS&D; that the three boards could meet and make a decision which may not be acceptable to the City Commission. City Attorney Taylor stated that he originally issued a memorandum rendering an opinion that the two issues were not tied together; that, subsequently, City Staff strongly argued to him that knowledge of how students will get across School Avenue should be a condition of the PS&D (94-M) approval since vehicle and pedestrian safety are part of the interlocal agreement; that Staff's determination was such that he repudiated his former statement that the two issues were not tied together. City Manager Sollenberger stated that Staff feels the two issues are related; that the presentation contains other measures, i.e., short term solutions, which should be heard. Ms. Hower stated that a focus sheet has been provided on the issues at hand; and cited the following which was displayed on the overhead projector: SCHOOL CAMPUSES AND CITY PLANNING COMMON GOAL An attractive and well-planned school campus is an asset to the City of Sarasota. The public investment by the School Board results in desirable neighborhoods and a steady tax base for the City. COMMON OBJECTIVES FOR SARASOTA HIGH AND ALTA VISTA MASTER PLAN Student safety, including personal safety throughout the campus and reduction of vehicle/pedestrian conflicts as students cross School Avenue. Protect the surrounding neighborhoods from adverse impacts--mainly traffic intrusion. BOOK 37 Page 11060 11/21/94 6:00 P.M. BOOK 37 Page 11061 11/21/94 6:00 P.M. COMMON CONCERNS 1. Perception of safety related to the pedestrian underpass. (How it will be designed and monitored and accessed during non-school hours.) 2. The pedestrian underpass is being envisioned as a tunnel that would promote crime and criminal activity. (How could the design alleviate safety concerns.) 3. The School Avenue realignment alternative to Shade Avenue could have the potential to negatively impact the neighborhood south of Bahia Vista Street. 4. The School Avenue realignment alternative to Euclid Avenue could have the potential to negatively impact Alta Vista Elementary School, other community facilities along Euclid Avenue and the neighborhood south of Bahia Vista Street. 5. As a planning principal siting a large, pedestrian- oriented facility straddling a City street is of basic concern. Ms. Hower stated that the PS&D (94-M) before the Commission does not call for the Closure of School Avenue; that the Development Review Committee (DRC) did not review the PBLP recommendations for the closure of School Avenue and realignment of Hatton Street; that the Staff does not agree with the PBLP recommendations as documented in the report and supported by traffic information to be explained by the city Engineer. Ms. Hower continued that the Commission has the following options: 1. Approve the PS&D petitions (94-M & 94-N) as recommended by Staff. 2. Approve PS&D petition (94-M) as recommended by the PBLP which would require a revised PS&D to be reviewed by Staff, including the DRC; that the revised PS&D would not require review by the PBLP since a consistency finding was made, but would require approval by the City Commission; that approval of this PS&D would require the School Board to initiate the street vacation petition to be approved by the PBLP and the City Commission. 3. Approve another or modified alternative; that a Staff review, including DRC, would be required if this alternative materially affects the PS&D (94-M) i that PBLP approval and City Commission approval would be necessary. Vice Mayor Merrill stated that Booker High School has a similar road situation; that the Police Report indicates that the system at Booker High School is working well; that the recommendation from the Police Services Bureau is for an at-grade crossing; and asked if approving the PS&D (94-M) with a simple, inexpensive pattern which has been proven to be safe would meet the standards expected tonight? Ms. Robinson stated that the Staff is concerned about safety; that the PS&D (94-M) could be approved contingent upon a safe solution; that the Police Services Bureau could provide evidence that Vice Mayor Merrill's recommendation would provide a viable, safe solution. Vice Mayor Merrill stated that additional measures could be taken at a later date; however, the Commission cannot approve the PS&D (94-M) tonight without proving there is a safe way to cross School Avenue. Ms. Hower stated that is correct. Commissioner Pillot stated that the decision of where to place buildings on School Board property and how to utilize those properties does not rest at the Commission table; that the decision rests at the table of the School Board of Sarasota County and its administration; that the Commission should not be saying the PS&D will be approved contingent upon determination of a safe way to cross School Avenue; that it is obvious a safe way to cross School Avenue will be determined; that once students arrive on the SHS campus, how those students cross School Avenue becomes the prerogative and responsibility of the school system; that the Superintendent of Schools should be involved in any discussions relating to safety solutions. Mayor Patterson stated that the Commission would assume a prerogative if a private developer proposed a similar project; that the Planning Department has stated it is the City's concern; that the City is not attempting to dictate to the School Board what is or is not safe, but City prerogatives are apparent since the property is located within city limits. Commissioner Pillot stated that language such as "approved with the understanding that the crossing of School Avenue has yet to be discussed and approved" should be used; that he does not like the wording "approved contingent upon 10 Ms. Hower stated that the Planning Department is attempting to protect the City's interest which is why such a strong determination has been expressed with regard to this issue; that the City's opportunity to solve the street-crossing situation may be lost if it is not addressed with the approval of the PS&D (94-M). BOOK 37 Page 11062 11/21/94 6:00 P.M. BOOK 37 Page 11063 11/21/94 6:00 P.M. Ms. Robinson stated that the PS&D (94-M) could be approved as recommended by Commissioner Pillot with the inclusion of a date certain. Mayor Patterson requested the Administration's recommendation. Mr. Sollenberger stated that his recommendation should come after the Staff report to be made by the City Engineer; that he suggests proceeding with the script which has Chuck Collins, Construction Services, School Board of Sarasota County, scheduled to make a petitioner presentation on the project description; that Mr. Collins is to be followed by Dennis Daughters, Director of Engineering/City Engineer. Vice Mayor Merrill stated that sufficient traffic data is not available for the Commission to make a decision on any of the options, i.e, vacations or realignments; that he suggests hearing from the Police Chief on a minimum safety solution. Mayor Patterson stated that the petitioner, who has a right to say how much or how little of the presentation, will be given will be heard from next. Dr. Charles Fowler, superintendent, and Charles Bailey, Attorney, School Board of Sarasota County, came before the Commission. Dr. Fowler stated that all members of the School Board are present tonight; that new statutory requirements apply to the development of the School Board's project; that the School Board has always been perceived as the body determining how the educational needs of the students could best be served by facilities, and in the past a school board in the State of Florida could develop schools on its own site without municipality approval; however, two years ago a provision was placed in the statutes to foster greater intergoyernmental cooperation among county and city governments and school boards by requiring municipality approval on site plans; that the Sarasota High School/Alta Vista Elementary School (SHS/AVE) project is one of the first developments to fall under the new statute requirements. Dr. Fowler continued that the School Board's immediate problem has been identified; that students need to be into the new high school facility beginning in the fall of 1996; that approval of the PS&DS by the City of Sarasota is the only thing holding up the construction for which funding sources have been identified. Dr. Fowler further stated that the interlocal agreement entered into by: 1) the County with regard to stormwater drainage and concern over traffic issues as it related to new County facilities, 2) the City from the perspective of the neighborhood, and 3) the School Board from the perspective of the proposed facility included an understanding that a site plan approval would be requested from the City and a consistency finding would be made by the PBLP; that it also included a traffic model element in which involved all three bodies addressing the safety issue and the impact of the PS&D approval on the neighborhood; that the School Board has the primary responsibility for ensuring the safety of students which is a paramount concern of the School Board; that the School Board's need is for PS&D approval. Dr. Fowler stated that in accordance with the interlocal agreement, a Neighborhood Advisory Committee (NAC) was convened and reviewed two short-term alternatives for addressing the concern of students safely crossing School Avenue; that the NAC had a preferred alternative; that he is comfortable with either of the approaches indicated in the NAC report which was forwarded to the City Commission; that the School Board intends to honor the intent of the interlocal agreement with regard to traffic mitigation and student/pedestrian safety at the site; that those issues can be further addressed once PS&D approval is received and construction can begin to meet the target date set for occupancy. Attorney Bailey stated that the School Avenue issue has created some confusion as it relates to the new process being undertaken; that initial conversations were held with Staff in an effort to have the PS&D approved and defer until some future date the completion of the interlocal agreement process Phases I and II dealing with the pedestrian conflicts on School Avenue; that on August 31, 1994, after the NAC had conducted several meetings, the city Attorney issued a memorandum which stated the following and brought School Avenue into the process at the PS&D approval level: because the site plan approval is the issuance of a development order allowing construction to proceed, the City Engineer is understandably concerned that to sign off on the site plan with the School Avenue crossing matter still open will allow the project to be built without any assurance as to what if any traffic mitigation will take place. Attorney Bailey continued that he was hopeful the City Engineer could identify a satisfactory traffic mitigation option whether it be an at-grade crossing or another available option; that the original interlocal agreement entered into which involved coordination of school planning contemplated the School Board would submit a PS&D and the City would respond within 90 days; that the 90 days has past, actually, five months has past since the PS&D was submitted; that the City has issued no approval or disapproval; that the PS&DS have already been approved from a technical, legal standpoint; however, the School Avenue issue has not been resolved and the spirit and intent of the interlocal agreement process should be addressed; that an interim step to deal with the students crossing School Avenue is requested from the Commission; that the NAC has recommended a 4.5 hour daily closing; that other options BOOK 37 Page 11064 11/21/94 6:00 P.M. BOOK 37 Page 11065 11/21/94 6:00 P.M. can be considered, including a 7-minute closure every 50 minutes during class changes. Commissioner Atkins stated that it appears the School Board has disregarded the intent of the interlocal agreement when it was previously stated by the City Commission that School Avenue would not be closed. Attorney Bailey stated that a petitioner has the right to request closure of a road; that the interlocal agreement contemplated all options being examined; that approval for the Tampa Bay Engineering study was requested from the Commission in April of this year; that discussion was held at that time on the affects of the Commission's letter sent three years ago stating the Commission would not allow the closure of School Avenue; that he understood the result of that discussion to be that the Commission would be open-minded to any option; that consistent with that understanding, the traffic study presented to the NAC included an option of closing School Avenue. Mayor Patterson stated that she has researched Commission minutes; that a definitive vote was taken whereby the Commission did not want to close School Avenue; that Commissioner Pillot had indicated he may consider rerouting traffic under certain conditions; that Commissioner Cardamone had stated she wanted to listen to data regarding all possibilities; however, a vote indicating that this Commission was open to all options was not found; that the formalized votes taken were not to close School Avenue; that a majority of the Commission did not indicate an openness to consider closing School Avenue. Attorney Bailey stated that the meeting referenced took place on April 26; that the only way the Commission can make a decision on a road closure is under a Comprehensive Plan determination or a street vacation proceeding; that neither was before the Commission the night the determination was made three years ago to write the School Board and state under no circumstances would a closure of School Avenue be considered; that an applicant always has the right to petition the local government for relief; that he assumes in a quasi-judicial proceeding the Commission will remain open to consider evidence which may support a petition. Mayor Patterson stated that she would have felt better if a direct petition came before the Commission opposed to an item being agendaed at a School Board meeting to consider hiring a consultant to facilitate the closure of streets; that the title of the particular agenda item added to the confusion and general upset which surrounded the last Commission discussion; that the Commission was mandated not to participate in the process, but continually heard that the closure of School Avenue was being discussed; that a direct statement from the School Board regarding School Avenue would have been preferred. City Attorney Taylor stated that he has been concerned with the attempt to link the closing of School Avenue with the PS&D; that a street vacation is a legislative process outside of a site plan approval process and follows a completely different set of rules which allows a significant amount of discretion by the Commission; that this is not the case under the site-plan, quasi-judicial process; therefore, his initial thoughts were that the two issues were not related; however, the Administration felt that control of the process would be lost if the development order was approved without addressing the School Avenue pedestrian crossing issue. Commissioner Pillot stated that the purpose the motion he previously made was to reaffirm and inform the School Board of the Commission's position not to close School Avenue so that the SHS/AVE campus could be planned with the probability that School Avenue would not be closed; that the School Board was informed and proceeded with that knowledge to develop a plan; that the Commission and School Board should work together to find the best way to assure the safe crossing of students throughout a school day which is an issue totally separate and apart from the placement and utilization of the buildings. Commissioner Pillot continued that the Commission should take action on the approval of the building locations with the understanding that an approved plan for the crossing of students on School Avenue will be determined; that the experts could inform the Commission as to how long it will take to develop a clear and definitive set of alternatives as it relates to School Avenue; that the public hearing could be opened and the citizen's opinions on School Avenue heard; that all information could be taken into consideration for a solution to be determined and scheduled to come back before the Commission for action; that this would enable the School Board and its administration to proceed with the constructions process. Mayor Patterson stated that the City's process would not permit a vote prior to the public being heard. Commissioner Pillot stated that he would like to get. on with the process. Vice Mayor Merrill stated that Attorney Bailey was correct in stating the City is the only entity which can approve a street vacation; however, he is concerned with how the School Board handled the process; that a consultant was hired with the goal of closing a street and given a $100,000 budget; that the people from the surrounding neighborhoods were told that their elected leaders could not be contacted about the issue which created turmoil in the surrounding neighborhoods; that the public's communication with their Commissioners on this issue was restricted; that in a sense, the Snyder ruling has been manipulated. Vice Mayor Merrill continued that the School Board had options on how to design the campus, i.e, all the buildings could have been placed on one side of School Avenue; that a flyer was distributed in 1989 indicating that many of the former middle school buildings would be utilized; BOOK 37 Page 11066 11/21/94 6:00 P.M. BOOK 37 Page 11067 11/21/94 6:00 P.M. that this provided a compelling logic for a unified campus with classrooms on both sides of the street; that the logic of building classrooms on two sides of a busy road diminished once those middle school buildings were demolished; that he supports the School Board's right to do whatever is desired on their land; however, the School Board in their considerations for the safety of students should give equal consideration for the impact a solution may have on the surrounding neighborhoods. Attorney Bailey distributed highlighted copies of STAFF RECOMMENDATIONS for Part I - Stormwater Concurrency and Engineering Design Criteria Manual Review and stated that the School Board has concerns with the following Engineering Department recommendations: Stormwater Concurrency: Sarasota High School Project 1. The property should be an approximate width of 120' (more or less) from Shade Avenue to School Avenue. Attorney Bailey stated that the School Board feels the dimensions of this easement will be determined by Southwest Florida Water Management District (SWFWMD) design criteria; that the County will determine the dimensions in their permitting process; and that the School Board agrees to provide the land necessary. Attorney Bailey continued that other modifications related to the pedestrian underpass and improvements to various roadways are requested as highlighted. Attorney Bailey requested that an acceptable method be identified for the School Board to deal with students crossing School Avenue, but that the Commission limit their consideration at this time to short-term options such as those recommended by the NAC. Mayor Patterson requested delineation of the NAC's recommendations. Attorney Bailey stated that the options discussed included how to close the street for seven minutes each hour manned or unmanned; that a crossing guard or a gate similar to those used at railroad crossings was proposed; that 1200 students changing classes resembles a "cattle call"; that one crossing guard may not be able to properly monitor the situation; therefore, a gate which could be programmed in accordance with the bell schedule was preferable; that two gates, one each near Bay and Tami Sola Streets, would be required if the suggestion to close School Avenue for 4.5 hours is supported; that the School Board requests an at-grade crossing rather than an expensive option such as a pedestrian underpass. Commissioner Pillot stated that students would be crossing School Avenue at various times during the day; therefore, closing the street for 7 minutes every 50 minutes would not provide a total solution. Dr. Fowler stated that an analogy with Booker High School has been mentioned; that there are differences between the two sites. Dr. Fowler requested that Daniel Kennedy, Principal of SHS, come before the Commission. Mr. Kennedy stated that SHS is currently operating with five different bell schedules; that the class periods are not set at 50 minutes, i.e, first period may end at 8:20 a.m. on one day and 8:12 a.m. on another day; that tying a temporary, intermittent road closure to the bell schedule would be difficult. Commissioner Pillot stated that the 7-minute Closure does not appear to be feasible, which leave the 4.5 hour closure for consideration. Dr. Fowler stated that the School Board needed to develop solutions that would be acceptable to all municipal bodies involved; that Sarasota Memorial Hospital's use of a neighborhood committee was effective as a way to address and balance neighborhood and facility concerns; that addressing the project-related concerns displayed earlier by City Staff was the charge given to the NAC; that a consultant was employed for the purpose of working with the NAC to achieve the same kinds of goals; that the charge given to the NAC was not to recommend any particular traffic mitigation; that there have been miscommunications; however, the School Board did not begin the process with the intention of closing School Avenue; that hopefully, the Commission will consider one of the NAC recommendations as a viable solution. Mayor Patterson stated that parts of the SHS campus will not have frequent traffic; that she is not opposed to rerouting a street; however, the recommended reroute diverts traffic directly to Shade Avenue; that the street should be rerouted in such a way that the major shifting of classes could be avoided with the traffic diverted directly to Bahia Vista Street rather than Shade Avenue; that such a reroute would be difficult to contemplate and definitely ruled out once the construction begins. Mayor Patterson continued that continual crossing of bodies in large stampedes will not mix well with vehicular traffic; that the Commission is in an impossible situation. Mr. Kennedy stated that he has been a resident in the subject area for 13 years and realizes traffic abatement is a big issue; however, certain things should be kept in perspective; that Sarasota Middle School, with approximately 1200 students and staff, Pineview school, and a bus terminal housing 70 buses, have been eliminated from the area; that the Board of Education BOOK 37 Page 11068 11/21/94 6:00 P.M. BOOK 37 Page 11069 11/21/94 6:00 P.M. administration buildings will be vacated shortly; that the overall traffic has been reduced. Mayor Patterson stated that there are still 4000 vehicles travelling School Avenue daily. Mr. Kennedy stated that he disputes those numbers if they are the result of the recent traffic study; that the traffic count equipment was placed on School Avenue just prior to the pep rally for the Riverview/SHS football game which had attendance of 11,000. Commissioner Pillot stated that Mr. Kennedy is correct about the traffic count. Vice Mayor Merrill asked Mr. Daughters for comment. Mr. Daughters stated that the traffic counts on School Avenue were conducted for one day. Mr. Kennedy stated that the proposed reroute may generate a slight increase onto Shade Avenue; that the City could discourage traffic south on Shade Avenue by implementing a solution similar to what is currently being done on Waldemere Street at U.S. 41; that traffic could be encouraged to travel east or west on Bahia Vista Street. Vice Mayor Merrill stated that the neighborhood would have difficulty travelling north and south if such a solution were implemented. Mr. Kennedy stated that neighborhood preservation is an important issue; however, the safety issue should be put into perspective; that the students are concerned about safety. Mr. Kennedy recognized a group of students seated in the audience. Vice Mayor Merrill stated that 4000 vehicles on a residential street are too many; that the data for Shade Avenue indicates the closing of the school facilities was not the main reason traffic counts decreased; that the evening rush-hour traffic, which has little impact from schools, decreased significantly; that traffic abatement has affected the traffic counts on Shade Avenue. Mayor Patterson stated that reaching a satisfactory resolve is in the best interest of all parties concerned; that the high school will be attended by the children of the people who live in the neighborhoods; that the campus should be the best, safest campus which can be provided without impacting the neighborhoods; that a resolve will require a little give and take on both ends. Mr. Kennedy stated that the School Board's position supports student safety and a temporary closure of School Avenue during school hours or a similar arrangement to allow students to cross the street safely. Dr. Fowler stated that the School Board would like to be part of the solution, not part of the problem. Mayor Patterson asked Dr. Fowler for comment with regard to a presentation by Chuck Collins. Dr. Fowler stated that members of the Commission indicated that the PBLP report was carefully reviewed; therefore, he will stand on the presentation included in that report. Mayor Patterson asked Mr. Sollenberger for comment with regard to a presentation by the City Engineer. Mr. Sollenberger stated that the traffic engineering report provided to the Commission would suffice; however, he would like Mr. Daughters to address the issues of drainage and the exceptions taken by Attorney Bailey with regard to the City Engineer's report. Mayor Patterson asked if Attorney Bailey presented Staff with his objections prior to this meeting? Attorney Bailey stated that some of his concerns were addressed and agreed to by Mr. Daughters at the PBLP meeting, but the Engineer's report has not been changed; that this meeting was the forum under which he could bring his contentions to the Commission's attention; that he would like his concerns related to roadway improvements, etc., addressed; that he would object to a motion made to approve the PS&Ds incorporating the Staff Recommendations with respect to the items identified. Mr. Daughters came before the Commission and stated that there are three items of the report which have been highlighted by Attorney Bailey; that he agrees with two of the comments: 1. the dimensions of the easement to be determined by SWFWMD design criteria; 2. the asphalt resurfacing overlay of the east half of School Avenue adjacent to the project may not be necessary if the City approves the option of closing School Avenue. Mr. Daughters stated that the School Board has agreed to dedicate the property necessary to complete the stormwater project; that he agrees if School Avenue is closed the School Board should not have to resurface the road. Mr. Daughters continued that he does not agree with the third comment relating to the Alta Vista School Project which deletes the requirement for curb, gutter and sidewalk improvements on Tami Sola BOOK 37 Page 11070 11/21/94 6:00 P.M. BOOK 37 Page 11071 11/21/94 6:00 P.M. Street; that the improvements are necessary; however, the City code allows the City Manager authority to waive that requirement. Mayor Patterson asked for the City's past policy with regard to governments and demands for sidewalks adjacent to projects? Mr. Sollenberger stated that to the best of his recollection it has been a requirement; that the Commission is interested in having sidewalks installed throughout the City; that developers are usually required to fund the expense of installing sidewalks in an area. Commissioner Pillot cited Attorney Bailey's comment as follows, and asked Mr. Daughters if the comment is accurate: There is no justification for such requirement, since the school improvements will generate less traffic on this segment of Tami Sola than the "before" condition. Mr. Daughters stated that the school improvements will generate less traffic; that the regulation states a developer shall improve the road adjacent to their property regardless if they have access to that road. Commissioner Pillot stated that typically developments create the potential for more traffic and therefore it makes good sense for the developer to incur the expense rather than the public; however, if the School Board's improvements will result in fewer movements of traffic, then the City's requirement seems not to apply. Mayor Patterson stated that the enlargement of the campus will generate needs for sidewalks; that the City will end up funding as has been the case in the past; that the City's policy should be consistent; that this should not be a major issue. Vice Mayor Merrill stated that he supports leaving the requirement in the report. Commissioner Cardamone stated that the rule seems not to apply if there is no justification and the before condition will not be worsened; that there may be justification for such a requirement after the school is open; that the School Board could be requested to construct a sidewalk at that time. Mr. Sollenberger stated that the sidewalks should be made a requirement of the PS&DS; that additional information on which to base a decision could be provided to the Commission at a future date; that he, as City Manager, could waive the requirement with Commission support; however, the requirement should be included at this time to preserve the City's options. Mayor Patterson requested the Administration's recommendation for the PS&DS. City Manager Sollenberger stated that consistent with the Commission's position not to Close School Avenue, the Administration's recommendation for approval of PS&Ds 94-M and 94-N for the Sarasota High School/Alta Vista Elementary School (SHS/AVE) project is subject to the following conditions: 1. Sarasota School Board, at its sole expense! construct a "Pedestrian Underpass' a at School Avenue to allow and ensure safe crossing of students and staff of the SHS; 2. the pedestrian underpass meet all City standards and comply with the City's Crime Prevention Through Environmental Design (CPTED) criteria; and 3. the construction of the pedestrian underpass be scheduled for completion to coincide with the commencement of Classes in the proposed classrooms east of School Avenue, currently scheduled for the fall of 1996. City Auditor and Clerk Robinson entered the following references into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1991 Edition) with Appendices A,D,F,H, & M and City of Sarasota local amendments thereto Mayor Patterson stated that two Commissioners have questions with regard to proposed PS&D 94-N for the Alta Vista School. Chuck Collins, Construction Services, Sarasota County School Board, came before the Commission. Commissioner Cardamone stated that PS&D 94-N indicates an extension of Hatton Street to Euclid Street; therefore, the Commission would be approving that extension if the PS&D was approved. Mr. Collins stated that Hatton Street currently operates as a one- way street from Shade Avenue to Euclid Street; that the PS&D (94-N) indicates a realignment of Hatton Street at Euclid Street to assist with the proposed Euclid Avenue/Courtland Street improvements and the drainage project. Vice Mayor Merrill stated that a petition for traffic abatement on Browning Street has been filed with the City; that vehicles BOOK 37 Page 11072 11/21/94 6:00 P.M. BOOK 37 Page 11073 11/21/94 6:00 P.M. travelling on Euclid Avenue continue on Browning Street to access Shade Avenue since Hatton Street is one-way. Mr. Collins stated that the plan includes making Hatton Street a two-way street. Vice Mayor Merrill asked if Hatton Street could be realigned less to the north to encourage vehicles leaving the YMCA to use it rather than continuing onto the residential streets. Mr. Collins stated that Hatton Street was reconfigured after the School Board received notice of the City's need for stormwater; that the site has been designed to keep the buildings together and provide bus pick-up on one side of the campus and parent pick-up on the other side of the campus. Vice Mayor Merrill stated that reducing the 50-foot buffer to 10 feet for the teacher parking would enable Hatton Street to be moved to the north. Mr. Collins stated that the PS&D does not indicate the bicycle racks which are planned for that area. Vice Mayor Merrill stated that a much better road for servicing traffic needs could be provided if the northerly arc is reduced; that the road is well buffered from the school since a parking lot is planned between the road and the school; that Hatton Street would have more ability to carry traffic if it is extended to School Avenue and would reduce the impact on residential neighborhoods if it were brought to the south; that there would be no impact on the classrooms. Mr. Collins stated that the design drawings for the stormwater retention area and improvements of the Euclid Avenue/Courtland Street intersection have not been reviewed; that the exact realignment has not been determined; that the reclaimed water line will also run along the southern boundary of the property. Vice Mayor Merrill stated that keeping Hatton Street as far to the south as possible would be of value to the surrounding neighborhoods; that constructing Hatton Street from Euclid Avenue to School Avenue would help to alleviate some of the traffic problems in that neighborhood. Mayor Patterson stated that the proposed realignment should be as useful as possible to add to the meager transportation alternatives available in that area. Mr. Collins stated that he agrees. Mayor Patterson opened the public hearing. The following people came before the Commission: Jack Gadsby, 2115 Temple Street; Robert and Carol Ostling, 2395 Hillview Street; and Shannon Snyder, 1985 S. Jefferson Avenuei representing Arlington Park Neighborhood Association (APNA) came before the Commission. Mr. Gadsby, President of APNA, distributed to the Commission and read from a prepared speech which stated that safety is not the only issue surrounding School Avenue; that elementary school children attending Southside and Phillipi Shores schools safely cross U.S. 41 which has a student/vehicle ratio 300 times that of School Avenue; that children also cross Orange Avenue safely at Booker High School; that the proposed "S" curve connector between School and Shade Avenues will create a thoroughfare through the middle of the Arlington Park Neighborhood for vehicles travelling north from Webber Street or Bee Ridge Road to downtown; that the "S" curve is not an acceptable means of accommodating the safety of the High School students; that traffic abatement in the form of speed humps and stop signs was suggested by the City and accepted as the best answer to the problems associated with child safety on Shade Avenue; that the School Board is proposing to close School Avenue 100 percent of the time to accommodate high school students less than 2 percent of the time; that the School Board originally planned to utilize the Sarasota Middle School buildings for the High School and close School Avenue; however, the middle school buildings were bulldozed which eliminated the need to close School Avenue; that placing the new buildings on the west side of School Avenue would save the taxpayers a significant amount of money and save time between classes for students; that the east side of School Avenue could be used for football, baseball, and other athletic facilities. Mr. Gadsby continued that the Commission voted on July 29, 1991, not to support efforts to Close any portion of School Avenue in the vicinity of Sarasota High School; however, on October 15, 1991, the School Board voted to approve a contract with a street-closing consultant; that the School Board obviously proceeded with disregard to the City's position. Mr. Gadsby offered the following compromise for consideration: Closing School Avenue during part of the day, but keeping School Avenue open during the morning rush hour, after school hours during the week, weekends, vacations, and holidays. Mr. Gadsby stated that the compromise allows use of the public street when it is most needed by drivers and would allow emergency vehicle access as well; that the public street would be closed to its citizens 720 hours per year or 8% of the time and open to the public 8040 hours or 92% of the time. Mr. Ostling stated that the compromise is similar to the School Board's proposal but removes the "S" curve; that closing School Avenue from 9:00 a.m. until the end of the school day at 1:15 p.m. BOOK 37 Page 11074 11/21/94 6:00 P.M. BOOK 37 Page 11075 11/21/94 6:00 P.M. is proposed; that this would compensate the rush-hour traffic and accommodate vehicles accessing the campus for student drop off; that the compromise includes installing a pedestrian-an-activated traffic light and using a school-crossing guard to cross students safely between 7:15 a.m. and 9:00 a.m.; ; that the pedestrian- activated traffic light will also enable children to cross safely in the evening, on weekends, and at special events; that a connection between Shade and School Avenues is necessary while School Avenue is closed; that Hatton Street should be constructed using right-angle intersections rather than the sweeping S" curve proposed by the School Board; that the "S" curve would create an attractive thoroughfare jeopardizing the Arlington Park neighborhood and the safety of children at other schools on Shade Avenue; that additional traffic abatement will be necessary for Wood Street and Shade Avenue north of Bahia Vista Street. Mr. Ostling continued that the benefits of the compromise include: 1) minimal disruption of traffic since any potential increases on Shade avenue or Wood Street would be prevented with the proposed traffic abatement, 2) public safety vehicles would have full use of School Avenue at all times, 3) children will be able to cross School Avenue safely. Mr. Snyder stated that the long-term viability of the City of Sarasota solely rests on the strength of all city neighborhoods; that closing School Avenue will adversely affect the neighborhood; that the APNA cannot afford to have School Avenue closed on a permanent basis. Mrs. Ostling stated that the APNA's first and foremost concern regarding this issue has been for the safety of the high school students; however, other students walk or ride on Shade Avenue to attend Brookside Middle School or Alta Vista Elementary, and cross busy streets like U.S. 41, Bahia Vista Street, Tuttle Avenue, Webber Street or Siesta Drive with the aide of a school-crossing guard; that her daughter attends SHS; that the proposed compromise offers a viable and a positive solution by providing high school students with the needed safety to cross School Avenue while preserving the neighborhoods north of Bahia Vista Street and the Arlington Park neighborhood; that the issue involves the police, fire, and ambulance vehicles, traffic accidents, and the safety of all children off of campus; that a decision must ensure the best balance of the sometimes conflicting needs of public safety. Mayor Patterson stated that she appreciates the APNA recognizing that the City is one community and some give and take will be necessary; that the APNA's proposal is similar to the School Board's proposal. Mr. Ostling stated that the APNA is willing to work with an at- grade crossing alternative and a partial closing of School Avenue; however, other traffic mitigation up and down stream is necessary to compensate the flow of traffic. Daniel Kennedy, 2352 Burton Lane, representing SHS, stated that the APNA presented a good basis for compromise; that the proposal would allow students to pass from the east to west sides of the campus safely; that the SHS, its parents, students and staff remain vehemently opposed to the underpass/verpass concept; however, an intermittent closure of School Avenue can be supported at this time. Ed O'Donnell, 4382 Oak View Drive, representing SHS parents, stated that he is the proud and concerned parent of a daughter attending SHS; that he is also a member of the SHS Share decision-making team; that he and his wife are opposed to the construction of a tunnel/underpass to connect the existing and new SHS campus; that the rerouting of School Avenue along Hatton Street to Shade Avenue is supported as the most logical and prudent alternative; that politics should be put aside when it comes to the safety and well- being of children; that a traffic and flood control problem need resolve; however, a solution that puts children at risk is no solution; that herding in excess of 1,000 children through a tunnel every 50 minutes will be an accident waiting to happen; that parents attempt to keep their children out of harm's way; that the issue of the inherent danger and stupidity of the proposed tunnel cannot be avoided by just saying, "no"; that a major goal and challenge of the State mandated Blueprint 2000 is the establishment of safe schools; that the middle of the tunnel would be under School Avenue and difficult to guard and protect; that children should not be sent into an unprotected tunnel in this volatile age; that it is ironic that the goals of safe schools can be met although student are put at risk; that citizens have the opportunity to voice that balancing a budget or remedying a traffic problem at the expense of children's safety is unacceptable public policy. Mr. O'Donnell continued that the community's opportunity to realize development of a continuous intercity school and park complex that will be the envy of every city and school district in the State of Florida should not be squandered; that he is confident the talented engineers and transportation staffs of the City can find ways to mitigate any potential increase in traffic burdens found by rerouting School Avenue to Shade Avenue. Mr. O'Donnell further stated that as an elected parent to the SHS Advisory Committee he is entrusted to represent the interest of the 3,000+ taxpaying and voting parents of the 1,800 SHS students; that an underpass is opposed. Commissioner Pillot stated that he would not have wanted his three children who attended SHS to travel through an underpass, nor will he vote for one. BOOK 37 Page 11076 11/21/94 6:00 P.M. BOOK 37 Page 11077 11/21/94 6:00 P.M. Reverend Rick Hatfield, 2125 Alpine Avenue, representing the Band Boosters, stated that he is the parent of three SHS students, two of which are members of the Sailor Band; that he is a committed parent who serves the school by working numerous hours with the Band Boosters; that he is a neighbor in the Southgate area; that the concept of an underpass is opposed; that the idea of absorbing School Avenue into the campus is primarily supported although he is intrigued by the compromise developing this evening; that this is a safety issue; that some of the solutions proposed by various parties include significant safety problems; that the School Board, City, and County spend thousands of dollars for safety, i.e., Community Resource Officers, school-crossing guards, school zones, speed limits, removal of asbestos, and abandonment of the old SHS building, etc., and make it the highest priority in their decisions; that the proposed underpass is too narrow for the frequent, heavy volume crossings; that many students will take a short route and bypass the underpass; that disaster will occur if students are forced into an underpass situation; that as indicated in other cities such as New York, Chicago, and Boston, underpasses create more problems than they solve; that mderpases/pverpasses become an eyesore with graffiti, provide places for homeless to reside, and create hidden areas making individuals vulnerable to attack; that students will be travelling between the east and west sides of the campus night and day; that students are often on campus from 6:30 a.m. until 10:30 = 11:00 p.m. Reverend Hatfield continued that School Avenue was recently closed for several weeks while sewage-drainage work was conducted; that a difference in Shade Avenue traffic was not noticed, nor was he inconvenienced. Reverend Hatfield further stated that the primary consideration should not be aesthetics, public convenience, or money; that student safety needs clearly dictates that an underpass situation should not be used; that a solution similar to the negotiated compromise should be found or School Avenue should be vacated. Skip Rossi, 3600 Shady Brook Lane, stated that he is a Sarasota County Sheriff Deputy with 24 years of experience and has been a school resource officer at SHS for 5 years; that SHS does not have an auditorium; that the crossing of 500 students from the SHS campus to the Sarasota Middle School auditorium has been facilitated by himself, a couple of administrators, and campus aides on various occasions; that controlling 500 students crossing School Avenue was difficult; that the safety factor of having students crossing School Avenue for the first period of each day should seriously be taken into consideration. Kathy Macchia, 4147 Prairie View Drive, stated that she opposes the underpass concept; that there is an active gang in the SHS area; that her daughter should not be subject to travelling through an underpass with gang members waiting at each end; that she is employed by Sarasota County and has witnessed the activities of the gang; that Sarasota is not high above sea level; that keeping an underpass and the children in it dry would be difficult; that one school-crossing guard could not properly facilitate students crossing School Avenue for one period; that closing School Avenue would create difficulties for the neighborhood; however, placing underground is not a safe solution. Clarence Brien, 419 W. Cornelius Circle, stated that the proposed school complex is a beautiful paradise; that he agrees with Commissioner Pillot as it relates to the buildings in PS&DS 94-M and 94-N being acceptable; however, the safety of children must be ensured; that he supports an overpass similar to the one located on U.S. 41 at New College. Tom Sterner, 2375 Temple Street, representing Arlington Park Watch, stated he has resided on Temple Street since 1954 and is a SHS graduate; that there has been a resurgence of young children in the Arlington Park Neighborhood; that the traffic abatement in the area has been successful and helps protect those children. Mayor Patterson left the Commission Chambers at 8:54 p.m. Stephen Voight, 3935 Higel Avenue, representing SHS Parent Teacher Student Association (PSTA), distributed and read a PSTA resolution which strongly encourages that the recommendation of the Planning Board for the realignment of School Avenue be approved by the City Commission of Sarasota. Mayor Patterson returned to the Commission Chambers at 8:55 p.m. Mr. Voight stated that the major concern is with the tunnel concept; that an overpass is a potential hazard; that the student- base which is currently at 1,200 will continue to grow; that the Commission's decision should be considered very carefully; that the community will have to live with whatever solution is determined. Nancie Naylor, 4912 Hidden Oaks Trail, representing First Church of God, stated that she is a member of the First Church of God which owns property on School Avenue to the north of the School Board property; that a large part of the First Church of God parking lot and its youth house abut School Avenue; that there are three accesses on School Avenue to accommodate church members and parents of child-care attendees; that the Church was not noticed of or represented at the NAC meetings; that the Church property is for sale and was offered to the School Board; that the School Board declined purchase although the Church's parking lot is utilized by students for parking; that closing School Avenue will negatively affect the Church's property value. Mrs. Naylor continued that the drawing in the Sarasota Herald Tribune incorrectly indicated Browning and Hatton Streets going from east to west - - Shade to School Avenue; that the Church owns the whole. quadrant at the Bay Street/School Avenue corner with Browning Street dead ending at the BOOK 37 Page 11078 11/21/94 6:00 P.M. BOOK 37 Page 11079 11/21/94 6:00 P.M. Church's property line to the east and Hatton Street, which is the dividing line between the Church and School Board property, dead ending on the other side of the ditch; that School Avenue is a valuable, dedicated public right-of-way with traffic counts estimated at 4,246 cars daily; that School Avenue is one of the highest streets in the City and rarely subjected to flooding; that the Closure of School Avenue was not included in the original PS&D; that the School Board should build an overwalk to ensure the safe crossing of students; that Shade Avenue could not accommodate the School Avenue traffic without major problems; that the First Church of God requests that the proposal to close School Avenue be denied. Reverend Larry Mobly, representing. First Church of God, 845 School Avenue, stated that the First Church of God is a neighbor of SHS; that the Church would like to see the school do well; however, the Church has already been impacted by the elimination of access to Bay Street from U.S. 41 and the traffic abatement on Shade Avenue; that closing School Avenue would severely limit access to the Church; that the Commission is requested to vote to keep School Avenue open. Andy Corroll, 1814 Brookhaven Drive, representing the Students of SHS, stated that he is the President of the student body at SHS; that 66 students attended tonight's meeting; that the student government, which is an elected body, have passed a resolution in favor of the complete closure of School Avenue for the safety of SHS students; that the wish of the SHS student body is for the Commission to side in favor of student safety and pass the proposal to completely close School Avenue. James P. Scheb, 2324 Bahia Vista Street, representing Loma Linda Park Association, stated that Loma Linda Park Association (LLPA) represents 75 residences in the Loma Linda Park area; that he did not receive notice of the meetings prior to this public hearing; that this process has not been handled properly; that he supports an overpass concept since he travels School Avenue four to six times daily; that any attempt to close School Avenue defies the vote taken by the Commission three years ago; that the closure of School Avenue has been an active agenda and was the subject for hiring Kumpe, Roberts & Associates; that the residential associations which represent taxpaying citizens have not been contacted; that he cannot understand why the staff of Kumpe, Roberts & Associates has tried to advance their agenda to close School Avenue if Dr. Fowler is comfortable with either of the two methods of safety consideration recommended by the NAC. Mr. Scheb continued that this method of surreptitious advancement of an agenda may be the major initiative of an investigation or possible injunction in the event School Avenue is closed; that this, of course, would trigger a Development of Regional Impact (DRI) by the Florida Department of Transportation (FDOT); that the entire project could be delayed by the lengthy DRI process which often takes three years; that an alternative to closing School Avenue should be found. Mr. Scheb further stated that he feels this process has been an attempt to railroad a piece of legislation "down the citizens throats"; that the closure of School Avenue is unconstitutional and another example of taxation without representation; that the obvious, inexpensive solution of an overpass, similar to the one on U.S. 41, should be considered; that he does not feel the Commission can safely vote on this issue tonight. Miles Gillot, 2117 11th Place, stated that the School Board should not have paid a consultant $100,000 to determine a way for children to cross School Avenue; that elected officials should be adept so as not to require consultants; that he does not support closing School Avenue; that the Board of Education should fund any traffic mitigation determined; that the citizens of Sarasota County voted in favor of the tax increase for schools; and, therefore, the City should not have to pay for the Board of Education's project. Johnson Savary, 1671 South Drive, stated that he is a property owner in the 600-block area of School Avenue; that he is a joint owner of the property and warehouses located on School Avenue across from the Sarasota Mobile Home Park; that the warehouses have been located on that site since 1946; that he supports the school system and safety for students; however, he is concerned with closing School Avenue; that the commercial traffic associated with his business and Scotty's which is north of his property travels the southern route from School Avenue to Bahia Vista Street to U.S. 41; that the commercial vehicles would travel on Shade Avenue if School Avenue is closed, thereby impacting the Arlington Park residents; that he supports the overpass concept; that having 1,200 SHS students cross School Avenue every 50 minutes would be the result of poor school planning; that 1,200 students crossing School Avenue every 50 minutes will not occur; that a problem has not been experienced with elementary school children crossing Osprey Avenue and U.S. 41 to attend Southside Elementary; that high school students should be able to cross School Avenue if young children can cross U.S. 41. Mr. Savary continued that he supports the Commission's indication of delaying a decision on School Avenue until further information is received; that closing School Avenue would destroy the viability and substantially decrease the market value of the First Church of God property; that an alternative route for traffic currently travelling on School Avenue from Ringling Boulevard to access U.S. 41 should be determined prior to considering the closure of School Avenue. Commissioner Pillot stated that a compromise of closing School Avenue for 4.5 hours has been presented; and asked Mr. Savary to comment on whether it would be feasible to expect people to access BOOK 37 Page 11080 11/21/94 6:00 P.M. BOOK 37 Page 11081 11/21/94 6:00 P.M. the warehouse and Scotty's from Ringling Boulevard during those 4.5 hours? Mr. Savory stated that he is not sure; that vehicles leave the warehouses from 6:30 a.m. to 10:00 a.m.; however, contractors travel School Avenue all day long to access the warehouses and Scotty's; that Ringling Boulevard is severely congested during Courthouse hours; that he assumes there is less truck traffic between 10:00 a.m. and 2:00 p.m.; that vehicles access Ringling Shopping Center and the First Church of God child care facility from School Avenue; that there is a continual flow of traffic along School Avenue; that the Commission should study traffic impacts prior to making a decision; that he is concerned with diverting the traffic through residential neighborhoods. Commissioner Cardamone left the Commission Chambers at 9:17 p.m. Dan Lobeck, 450 S. Shade Avenue, stated that he is representing himself and his wife; that two PS&D approval requests are properly before the Commission; that the issue of what to do with School Avenue is not properly before the Commission; that the only lawful and legal motion would be to approve or disapprove the proposed PS&Ds with the recognition that a mechanism to cross School Avenue will be determined at a later date; that traffic studies are not available to support a number of the alternatives or the compromise proposal presented; that Shade Avenue is designated at a minimum level of service "D" in the City's Comprehensive Plan; that whether rerouting traffic onto Shade Avenue will degrade that adopted level of service is unknown. Mr. Lobeck introduced into the record the Tampa Bay Engineering Transportation Study for the SHS/AVE project; and stated that the study notes that closing School Avenue would divert traffic onto Shade Avenue. Mr. Lobeck continued that closing School Avenue will dramatically increase traffic on Shade Avenue, decrease his property value, and impact residences on side streets; and that his neighborhood has not received public notice of the possibility of closing School Avenue for 4.5 hours daily. Commissioner Cardamone returned to the Commission Chambers at 9:19 p.m. Mr. Lobeck further stated that the safety of students is an important issue; however, that issue is not being addressed in a deliberative, proper way if the Commission passes a motion to close School Avenue for any significant period of time; that the entire process has been improper in terms of a fair deliberative process; that he feels Dr. Fowler falsely stated that Mary Kumpe and the NAC were appointed, deliberated, and developed a report without a preset agenda; that the members appointed to the NAC do not represent the neighborhoods; that the gentleman from Hatton Street is employed at Sarasota Middle School; that a vocal supporter of the School Board's intentions to Close School Avenue lives outside the City limits east of Beneva Road; that another member, Isabel Norton, who has worked closely with Mary Kumpe on the Coalition Neighborhood Associations, lives in Cherokee Park; City the NAC members were handpicked for a preset conclusion; that that the short-term solution of closing School Avenue temporarily is the first step toward the long-term desire of closing School Avenue permanently; that travellers will find alternate routes through residential neighborhoods if the road is closed for a of the day. Mr. Lobeck introduced the City of Sarasota 50 Year portion Vision Plan into the record which states that roads should not be closed because that destroys neighborhoods by creating traffic. Mr. Lobeck added that this meeting is not the cut-through time nor the place to decide to close School Avenue, temporarily or permanently; that the public received notice that only the PS&Ds would be addressed. Mary Ouillin, 407 Cocoanut Avenue, stated that she attended that she was actively involved in the Football Program while SHS; her son, who graduated in 1990, attended SHS; that Mr. Ramone, the SHS principal at the time, showed her a drawing of the proposed SHS campus; that School Avenue was not indicated on the drawing; that she contends the School Board has had an agenda to close School Avenue all along. Ms. Quillin submitted the following for the record: 1. A copy of the School Board minutes approving a contract with Kumpe, Roberts & Associates to close community streets. 2. A copy of the contract between the School Board, Atherton Kumpe and Walter Roberts a portion of which Mary states, "Consultant shall serve as a liaison with such other professionals and shall assist in coordinating the activities and presentations of such professionals to the advisory committee(s)." 3. A solicitation letter forwarded to a local business owner in the community from Walker Roberts Group, Inc. a portion of which states, "Do you have clients that face problems a problem community or communicate a complicated or negative idea? The Walker Roberts Group specializes in issues management control of complex communicationr-relatad situations." 4. A copy of the brochure included with the Walker Roberts Group, Inc., letter which indicates how the Walker Roberts Group ensures tight team play, good budget control, and success. BOOK 37 Page 11082 11/21/94 6:00 P.M. BOOK 37 Page 11083 11/21/94 6:00 P.M. Ms. Quillin stated that School Avenue is a public street belonging to all citizens; that the School Board should not use taxpayers dollars to close public streets. Jim Toale, 1734 Baywood Drive, representing the NAC, came before the Commission and was sworn by City Auditor and Clerk Robinson. Mr. Toale stated that the underpass/overpass concepts were discussed by the NAC; that the clearance space required for a pedestrian overpass is twice that of a pedestrian underpass; that vehicles have to pass under a pedestrian overpassi that the Americans with Disabilities Act requires a slight ramp grade which would produce an overpass 1/8th of a mile in length; therefore, the underpass was preferable to an overpass; that he was originally a proponent of the underpass concept; however, after hearing the comments made at the PBLP public hearing, he became a proponent of a realignment of Hatton Street. Mr. Toale continued that the Commission should pass the PS&DS as presented with a short term solution of closing School Avenue for a specified period during the day; that a pedestrian underpass should not be linked with the PS&Ds at this time; that after approval the School Board would have the option of petitioning for a street vacation, and the Commission could address the street vacation without the restrictions of the Snyder ruling; that the Commission would have additional time to study various alternatives, including the realignment of Hatton Street, for a long-term solution. Mayor Patterson asked if the NAC addressed any Hatton Street re- alignment alternatives? Mr. Toale stated that a variation of the Hatton Street "S" curve realignment with School Avenue remaining open was discussed; however, the NAC felt that alternative did not properly address the issue; that the NAC preferred the Hatton Street "S" curve realignment with School Avenue closed; that alternatives regarding right angles were not discussed; that those type of alternatives should be part of the street vacation process. Commissioner Cardamone asked if the NAC addressed the concept of no straight-through traffic entry on Shade Avenue southbound across Bahia Vista Street? Mr. Toale stated that Tampa Bay Engineering indicated that the "S" curve realignment would increase the cars per hour during the peak hour from 300 to 600 cars at the intersection of Shade Avenue and Bahia Vista Street; that the increase assumed no traffic mitigation improvements at the intersection. Mayor Patterson stated that she discussed the concept of limiting the through traffic southbound on Shade Avenue with the City Engineer; that Mr. Daughters told her that the concept had been reviewed; however, the volume of traffic going into the left-turn lane on Shade Avenue would be so great that the width of the road would have to be increased; that doing so would impact a number of homes; and that altering the traffic-light signalization on Bahia Vista Street would also cause problems. Commissioner Cardamone stated that similar alternatives should be explored if a street vacation petition is filed. Vice Mayor Merrill asked if the NAC received a presentation from the Public Safety Department regarding the safety issues? Mr. Toale stated that he does not recall a presentation from the City's Public Safety Department. There was no one else signed up to speak and Mayor Patterson closed the public hearing. Dr. Fowler, Attorney Bailey, and Mary Kumpe came before the Commission. Attorney Bailey asked if the Agenda packet will be part of the record? City Attorney Taylor stated that it would be. Attorney Bailey stated that the basis for the School Board's objection to an underpass was not provided earlier. Attorney Bailey referenced the memorandum included in the Agenda packet from Captain Carter dated November 8, 1994, and stated that the memorandum outlines a number of potential problems associated with a pedestrian underpass including: 1) a visibility problem from the east side to the west side of the campus beçause of an elevated causeway, and 2) southbound vehicles travelling over the crest of the causeway would not be able to see pedestrians crossing School Avenue in the vicinity of Tami Sola Street; that the report outlines a number of the School Board's concerns regarding a pedestrian underpass; that Mr. Toale presented the concerns that were presented to and considered by the NAC concerning handicap access to a pedestrian overpass; that an overpass would create a "Berlin Wall" ambiance and would not be conducive to good circulation on the campus; that the option of diverting traffic from Shade Avenue to Euclid Avenue was included in the Staff report but was not well received by the PBLP because of the congestion created by buses and students in front of the Alta Vista Elementary School as well as the activities occurring at the nursing home, church, and YMCA facility. Attorney Bailey referenced the city Engineer's report and stated that the recommendations on page 3 of 4 should not be considered if the Commission will not be making a decision on the closure of School Avenue; however, his comments should be addressed if the Commission plans to consider that issue tonight. Attorney Bailey BOOK 37 Page 11084 11/21/94 6:00 P.M. BOOK 37 Page 11085 11/21/94 6:00 P.M. continued that the previously referenced recommendation on page 2 of 2 regarding improvements to Tami Sola Street involves more than sidewalks; that construction of a half-section street, curb, and gutter is recommended; that the School Board entered into the interlocal agreement process with the coordination of school planning and does not consider itself to be a developeri; that this is a give and take process; that off-site improvements are contemplated in the recommendation; that the interlocal agreement for traffic planning contemplated discussions on the sharing of transportation and roadway improvement costs; that the PS&D approval should not be used as an opportunity to have the School Board pay for improvements which the City should have made previously; that the proposed project does not generate impacts that would justify the improvements recommended. Attorney Bailey stated that he will not address the opposition voiced by the First Church of God since the Commission does not intend to consider closing School Avenue tonight. Attorney Bailey continued that the elimination of Pineview and Sarasota Middle Schools, the bus terminal, and the soon to be eliminated administration offices, the relocation of the Sarasota Coastal Credit Union as well as the traffic abatement measures on Shade Avenue has had an impact on reducing traffic in the area; that the traffic report indicates a substantial reduction of traffic on School, Shade, and Euclid Avenues; that the traffic on all three roadways has decreased over the past two years: School Avenue from 7,300 to 4,200 daily trips, Shade Avenue from 7,900 to 4,400 daily trips, and Euclid Avenue from 5,000 to 4,472 daily trips; that efforts have been made by all parties to improve the traffic situation; that he hopes the Commission will continue to work with the School Board in that spirit as the process of the traffic study is completed under the interlocal agreement. Attorney Bailey further stated that the School Board requests that the Commission grant approval of PS&DS 94-M and 94-N conditioned upon the implementation of a plan for the safe at-grade crossing of School Avenue by students, provided that other options for mitigating such pedestrian conflicts may be considered as part of the interlocal agreement traffic mitigation which has yet to be completed. Dr. Fowler stated that the complaints recorded with regard to siting the original SHS at its current location were that the site was located too far out of town; that in 1986 the School District reviewed the issue of changes and shifts in population with regard to facilities and found that the three high schools serving the northern part of Sarasota County were all located on the western edge of the school district while population was increasing on the eastern side of the school district; that serious discussions were held regarding relocation of SHS closer to Interstate 75; however, persons, including a previous City Commission, came forward in support of keeping SHS within the city limits and developing a plan to provide a modern, up-to-date facility that could support high school programs; that the process of accomplishing that task involves a lot of give and take; that the School Board's park site which was previously presented is an ideal solution for what the statutes describe as maintaining the viability of the inner cities in the State of Florida through cooperation between the local governments and the School Board; that the issues being addressed could have easily been avoided if 65 acres on which to build a new facility had been located east of the City; that the original complaints that the site was too far out of town would have been heard again; however, the student population has moved and, increasingly, more and more students are being transported to SHS by bus because their homes are located at a greater and greater distance; that he sees the entire process as involving compromises for all purposes; that the involvement of the County government in terms of the parks and recreation facilities is an outstanding feature of the process which should not be minimized. Dr. Fowler continued that the interlocal agreement provided that the School Board would fund but the City of Sarasota would select a traffic engineer to work with the NAC; that it was the City-selected engineer who presented the NAC with the potential impacts from the studies and traffic counts and the potential solutions; that the School Board's only formal role in that process was to pay the bills. Ms. Kumpe stated that at each meeting, the NAC worked with the data which had been presented by Tampa Bay Engineering; that the NAC was hard working and loyal; that only two members were not directly tied to the neighborhood: 1) the official representative of the Coalition of City Neighborhoods, Isabel Norton, who was appointed by the president, and 2) Jim Toale who is very interested in stormwater drainage and the Hudson Bayou Basin and chairs the Neighborhood Advisory Committee for Sarasota Memorial Hospital. Attorney Bailey asked Ms. Kumpe how many of the NAC members she was acquainted with prior to this process? Ms. Kumpe stated that she knew two members fairly well and was acquainted with Carl Weinrich; that a number of people, including the district Commissioner and the two at-large Commissioners, were asked for names of individuals who may be interested in serving on the NAC; that some of the individuals could serve and some couldn't; that some were appointed and subsequently resigned; that the City had representation on the NAC. Vice Mayor Merrill stated that Attorney Bailey mentioned the PBLP did not support Euclid Avenue alternative based on congestion issues; that the 1989 traffic study indicates the traffic volume for Euclid Avenue at 5,200; that the current volume indicated is 4,400 which is a 20% reduction; that the volumes on Euclid Avenue BOOK 37 Page 11086 11/21/94 6:00 P.M. BOOK 37 Page 11087 11/21/94 6:00 P.M. should not be affected if Hatton Street was realigned as a two-way route without the sweeping "S" curve; that the realignment could serve as a traffic abatement solution for Browning Street; that the PS&D presented includes a 50 to 60 foot grass buffer north of the parking lot; and asked if the School Board would be opposed to moving that buffer as far south as reasonable engineering would permit separation with the parking lot? Dr. Fowler stated that the parents, the School Advisory Council, and the administration have been concerned with increasing the volume of traffic on Euclid Avenue and affecting the Alta Vista Elementary School and the YMCA; that a two-step process was anticipated: 1) receiving PS&D approval, and 2) the County, City, and School Board working together on the traffic abatement issues. Vice Mayor Merrill stated that he recalls a question being raised during the PBLP public hearing regarding whether the future possibility of moving Hatton Street further south would be eliminated if the PS&D presented is approved; that the answer was, "yes it would"; and asked for comment. Attorney Bailey stated that the review of PS&DS by the City is more limited for school improvements than it is for other improvements; that the School Board could comply voluntarily without coming back before the Commission. Vice Mayor Merrill stated that was his intent; that language such as "efforts be made to construct Hatton Street as an alternate route to Browning Street" could be included as an amendment to a motion. Mr. Collins came before the Commission and stated that he has given additional thought to the question asked of him earlier by Vice Mayor Merrill; that Hatton Street will be turned over to the City; that the northern side of Hatton Street will have the desiltation basin; that a wide-open, two-way Hatton Street off of Euclid Avenue would encourage travel west on Hatton Street; that the realignment of Hatton Street has been included on the PS&D, but the actual location has not been determined. Dr. Fowler stated that Vice Mayor Merrill's question was if there would be anything to preclude the street being realigned further south. Vice Mayor Merrill stated that his intent is to have the planned road built to provide the best alternative route to Browning Street which is purely a residential street; that a straight, 90 degree Hatton Street connector between School and Shade Avenues could provide an alternate route for vehicles that currently cut through Bay and Wood streets. Mr. Collins stated that vehicles would be encouraged to travel on Hatton Street; however, the original plan included a close alignment of Courtland and Hatton Streets; that the School Board has and will continue to work with City Staff regarding the location of Hatton Street. Vice Mayor Merrill asked for comment by the City Attorney regarding the location of Hatton Street and approval of the PS&Ds. city Attorney Taylor stated that agreements can be reached between the City and the School Board representatives; however, PS&DS are not reopened once the PS&D process is finalized; that the rights are vested and development proceeds; that he would be concerned unless a caveat associated with some other step or goal was included with the PS&D approval; that a remedy could be fashioned at the table with the concurrence of both parties. Vice Mayor Merrill asked City Attorney Taylor if approving the PS&DS presented would mandate construction of the Hatton Street extension? City Attorney Taylor stated that approval would authorize the School Board to build whatever is indicated on the PS&D; that the School Board would not have to construct the road if the City waived the requirement; and that minor deviations are allowed in PS&DS. Vice Mayor Merrill asked if the School Board has confirmed an agreement with the City to build the Hatton Street and deed it to the City? Attorney Bailey stated that the School Board will be providing land to the County for construction of the detention area, and land to the City for a roadway; that the City. has to agree on the precise location for the roadway. Mr. Collins stated that the actual location of the reclaimed water line is not firm; that meetings have been held with City Staff; that location of the water line is currently proposed along the southern boundary of Hatton Street. Vice Mayor Merrill stated that he sees the extension of Hatton Street as a positive step towards helping the neighborhoods; that the traffic which currently ends up on Shade Avenue or other residential streets because Browning Street does not connect with School Avenue could use the new Hatton Street. Attorney Bailey stated that he understood City Attorney Taylor to say that there is always the potential for minor modifications to be made to the PS&D which will not have to come back through the PS&D process; that the traffic issue will be addressed and further BOOK 37 Page 11088 11/21/94 6:00 P.M. BOOK 37 Page 11089 11/21/94 6:00 P.M. action will be taken by the City, County, and School Board in accordance with the interlocal agreement process. Vice Mayor Merrill stated that he is concerned that the School Board may decide not to build the road which could be sO beneficial to the neighborhood. Attorney Bailey stated that is not an option having shown the road on the PS&D; that the road will be built to function at the location shown or a slight reconfiguration based on the boundaries of the detention area. Vice Mayor Merrill asked if the road could be shown as a two-way street? Mr. Collins stated that the PS&D does not indicate a one-way or two-way street; that the School Board's plan was to have the street be two-way. Vice Mayor Merrill asked if the School Board would have objection to stipulating that intent on the PS&D? Attorney Bailey stated he has no objection; that whether the street is one-way or two-way is at the City's discretion. Commissioner Pillot stated that a record has been established; that the Superintendent of schools and the School Board Attorney have stated they are flexible; that the meeting should move forward. Mayor Patterson stated that there has been no legal commitment; that the Commission has heard that flexibility exists to change the alignment at a future date; however, an indication of whether the School Board would be interested in Vice Mayor Merrill's suggestion has not been heard. Commissioner Cardamone asked if the PS&D could be approved without Hatton Street and Hatton Street used as part of the traffic mitigation solutions addressed at the tri-party meeting? City Attorney Taylor stated that could be done; however, showing the street on the PS&D provides the City with a commitment from the School Board; that the street should remain on the PS&D if the City expects that street to be built. Dr. Fowler stated that Phase II of the interlocal agreement needs to be implemented; that the County's involvement on Hatton Street is as engaged as the School Board's involvement; that the Alta Vista Elementary School is drawn on one side of Hatton Street and the County's water project is on the other side; that the City, County, and School Board have to be engaged to reach the correct solution. Commissioner Cardamone stated that the County's obligation would be to help the School Board move the street to where the City would like to see it. Mayor Patterson stated that SHS services many students who do not reside in the City; that the School Board should consider this when looking for financial assistance from another political body; that she would not support the City assisting in the cost of constructing Hatton Street, but would be very helpful in working with the School Board to influence the larger body, the County, for assistance. Attorney Bailey stated that Hatton Street serves a lot of non- school related traffic. Mayor Patterson stated that the School Board has stated their intent was to make Hatton Street into a two-way street as part of their project; that a particular benefit to the City, not counterbalanced by school traffic, would have to be presented to convince her to change her position regarding City funding assistance; that closing School Avenue for 4.5 hours daily would create a traffic problem; that constructing Hatton Street to mitigate the traffic problem should not be at the City's expense; that the City should not have to fund school-generated issues. Dr. Fowler stated that there are significant park and recreation intentions with regard to the area; that the proposed road will bring traffic in and provide City residents with access to that park area; that he is hopeful a partnership will develop since all three entities will benefit from the project; that the School Board has already invested $20 million. Mayor Patterson stated that the indication of 1,200 students crossing School Avenue each period seems too great; and asked for the basis of using that number. Mayor Patterson continued that the Arlington Park Neighborhood Association (APNA) had offered a compromise which included closing School Avenue to through traffic for 4.5 hours beginning at 9:00 a.m.; that leaving School Avenue open during the morning rush hour would be of importance to the neighborhood; and asked if it would be possible to juggle class schedules in such a way that the first- period crossing would be a minor crossing time? Attorney Bailey stated that classes start at 7:30 a.m.; that the first class change occurring at 8:20 a.m. would have to be accommodated; that the student body is 2,200; that on the average, 1,200 of those 2,200 students would have to cross from the east to west campuses. BOOK 37 Page 11090 11/21/94 6:00 P.M. BOOK 37 Page 11091 11/21/94 6:00 P.M. Mayor Patterson stated that lowering the number of students crossing could be a primary consideration in creating class schedules; and asked for comment by the School Administration on the possibility of scheduling to accommodate that time period. Dr. Fowler stated that the buildings on either side of the campus are organized by academic discipline; that the movement of students relates to individual student schedules; that the APNA compromise was discussed earlier with Mr. Kennedy; that the Director of Public Safety and Police Chief joined in the conversation; that Mr. Kennedy indicated that necessary scheduling could be accomplished since the students will report at 7:30 a.m. to one side of the campus or the other; however, student parking is on the east side of School Avenue and some students will have to cross School Avenue in order to report to their 7:30 a.m. class; that the 7:30 a.m. time block could be relatively free of problems; that the big issue is with the 8:15 a.m. or 8:20 a.m. class change. Dr. Fowler continued that he understood that the APNA suggested a controlled crossing at that time period only while students crossed; that for the remainder of the day up until the extracurricular activities began School Avenue would be closed; that the conversation with the Public Safety representatives related to the issue of access to the center of the campus for emergency vehicles as indicated in the Agenda packet; that access can be provided during the period of time School Avenue is closed; that he feels the APNA's compromise is workable; that the School Board would prefer the opportunity to meet with City Staff, Public Safety Staff in particular, and the County Staff, as envisioned in the interlocal agreement, to further address that solution; that the City Commission would provide guidance similar to that described by Attorney Bailey earlier; that the PS&Ds would be approved, the construction could begin in accordance with the 1996 schedule; that the specific solution in terms of working around the schedule of the students on School Avenue could be addressed as a short-term solution, and the solution brought back to the Commission for review. Mayor Patterson asked for the estimated cost associated with the "S" curve and the rerouting of Hatton Street to Shade Avenue? Mr. Collins stated that the cost was estimated at $440,000. Vice Mayor Merrill left the Commission Chambers at 10:16 p.m. Mayor Patterson stated that she does not think a dark corridor or tunnel was envisioned when the concept of the underpass was developed; that, ideally, cars would go into a tunnel and the students would stay on surface level; that she assumes such a concept would be cost prohibited; and asked if a vehicle underpass was addressed with costs assessed? Mr. Collins stated that a height of approximately eight feet would be required for a pedestrian underpass; that an 18-foot clearance would be necessary for vehicles and trucks; therefore, cost estimates for that concept were not addressed; that the engineer's estimate for a pedestrian underpass was $770,000. Mayor Patterson asked if the traffic figures used were from 1992? Commissioner Cardamone stated that the report states the base figures used for total cars on the roads were from 1992; that some of the turning counts were current. Mayor Patterson asked if any current figures for traffic on School Avenue were used? Vice Mayor Merrill returned to the Commission Chambers at 10:18 p.m. Mr. Kennedy came before the Commission an presented an informal traffic study performed by sociology students and stated that the traffic survey covered six hours between 7:00 a.m. and 2:30 p.m.i that the maximum volume noted in both directions at the peak hour from 11:00 a.m to 12:30 p.m. was 478; and cited the following: Time Total North South 7:00 -= 8:00 a.m. 324 170 154 8:00 - 9:00 a.m. 167 76 91 9:00 = 10:00 a.m. 211 86 125 11:00 = 12:30 a.m. 478 168 310 12:30 - 1:45 a.m. 325 114 211 1:45 = 2:30 a.m. 316 106 210 Mr. Kennedy stated that the observers noted that approximately 90% of the vehicles travelling south on School Avenue turned right on Bahia Vista Street to U.S. 41. Commissioner Cardamone stated that the peak hour referenced were probably school-generated traffic. Mr. Schneider stated that in response to Mayor Patterson's question, the traffic survey numbers were from 1992 per language in the interlocal agreement. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve PS&D Nos. 94-M and 94-N provided that: 1. A plan to provide safe at-grade crossing of School Avenue by students be implemented; 2. other options for mitigating traffic and pedestrian conflicts may be considered as part of the interlocal traffic study; BOOK 37 Page 11092 11/21/94 6:00 P.M. BOOK 37 Page 11093 11/21/94 6:00 P.M. 3. the City Manager report to the City Commission at its December 19 meeting when a full report and solution recommendation will be made for the final decision regarding the crossing of School Avenue, with thorough public notice throughout the procedure. Mayor Patterson restated the motion and the following clarifications were made: Commissioner Pillot stated that the intent of #2 is to direct the City Manager to work with the School Board and Sarasota County to prepare other potential solutions and tell the Commission by December 19 when that study will be completed so the public knows what to expect. Mayor Patterson asked if it would satisfy the intent of #2 to state "provided that other options may be considered for mitigating traffic." Commissioner Pillot replied yes. Commissioner Pillot stated that the intent of #3 was to receive from the City Manager on December 19 a definitive statement similar to, "The Administration will have the study completed by a date certain and we will bring to you on that date certain our recommendations with the understanding that the public will be noticed throughout the entire process." Vice Mayor Merrill asked what specifically will be studied? Commissioner Pillot stated that the intent is that although an at- grade crossing is preferred and expected, an open mind will be kept to other good solutions considered; that the intent of his motion is not to limit what will be studied. Vice Mayor Merrill stated that southbound vehicles would be diverted to Bay, Wood, and Novus Streets if the worst case scenario, a seven-minute closing of School Avenue, was implemented; that residents of those streets are not present tonight to hear the short term solutions being discussed. Vice Mayor Merrill continued that Hatton Street should be extended to School Avenue to provide an alternate route for southbound traffic. Commissioner Pillot stated that the motion does not speak to that issue; however, it does not preclude that option. On motion of Vice Mayor Merrill and second of Commissioner Atkins, it was moved to amend the motion to include providing a two-way Hatton Street from School Avenue to Shade Avenue on the PS&D. Mayor Patterson restated the amendment to the motion as to modify the PS&D of the SHS campus to provide a two-way Hatton Street that connects between the two site and development plans from School Avenue to Shade Avenue. Vice Mayor Merrill stated that the connection will have no impact south of Bahia Vista Street and is not an Arlington Park issue; that the connection provides equity between neighborhoods north and south. Commissioner Cardamone stated that the opportunity for a more creative solution may be eliminated if the Hatton Street connector is included. Mayor Patterson stated that the PS&D can be modified with other alternatives at any time; however, the opportunity to include the Hatton Street connector could be lost if it is not included at this time; that she supports the amendment; that a Hatton Street connector could be the perfect compromise to the PBLP's recommendation; that the School Board could gain a great deal more flexibility from the neighborhood with regard to closing School Avenue during school hours by providing an alternative route for traffic; that more resistance will be experienced if the traffic will be diverted to residential streets. Mayor Patterson asked Vice Mayor Merrill if he is envisioning an "S" curve or straight connector to provide an east/west route. Vice Mayor Merrill stated that he does not support an "S" curve connector. Commissioner Pillot stated that the petitioner should have an opportunity to respond to a major change; that he agrees that the Hatton Street connector makes sense, but would like to hear from the petitioner before voting. Attorney Bailey and Dr. Fowler came before the Commission. Attorney Bailey stated that this type of issue was contemplated as being reviewed as part of the interlocal agreement process; that County input should be received; that the County is generating traffic onto that road network from their parking garage area; that this issue should be addressed in accordance with the interlocal agreement. Mayor Patterson stated that County input was not received on the "S" curve realignment which was presented to the neighborhood committee and recommended by the PBLP as a condition to the PS&D approval. Attorney Bailey stated that the interlocal agreement was followed precisely as it was contemplated. BOOK 37 Page 11094 11/21/94 6:00 P.M. BOOK 37 Page 11095 11/21/94 6:00 P.M. Mayor Patterson stated that she does not recall discussion of a road going from School Avenue to Shade Avenue in an "S" curve or a closure of School Avenue in the interlocal agreement. Attorney Bailey stated that the interlocal agreement did not tie the PS&D to any particular option; that the neighborhood advisory committee, with input from the traffic engineer, was to investigate and identify the options, and present a recommendation back to the City Commission, School Board, and County Commission. Mayor Patterson stated that an "S" curve configuration was discussed and approved as a condition of the PS&D (94-M) during the PBLP public hearing; that the Commission is including a similar condition only with a straight configuration; that the PBLP's decision was not protested; that she does not understand Attorney Bailey's argument. Attorney Bailey stated that an outlet would be necessary for the magnitude of traffic which would be diverted if the School Avenue was closed entirely; that closing the road for seven minutes will not create a substantial impact on the side streets. Mayor Patterson asked, "What if the road is closed for 4.5 hours?" Attorney Bailey stated the issue should appropriately be addressed by all three bodies in accordance with the interlocal agreement. Dr. Fowler stated that the process seems to be at that point; that the sequence seems to be a bit out of order; and cited the following from the interlocal agreement: 5. TRAFFIC MITIGATION ALTERNATIVES: The City, County, and School Board will cooperate to identify the feasible and cost-effective alternatives to mitigate the potential impacts to the streets and intersections identified in the traffic modelling study. To this end, the School Board will solicit public input from a Neighborhood Advisory Committee to be established by the School Board, as to the identification of the subject mitigation alternatives. The City, County, and School Board agree to schedule a joint public hearing before the City Commission, the County Commission, and the School Board to solicit public input as to the proposed traffic mitigation alternatives, after review of such alternatives by the Planning Board of City. Dr. Fowler stated that the County government was represented at the NAC meetings; that the agreement anticipated the PS&D moving forward with the three bodies conducting a public hearing to receive input on mitigation alternatives; that the mitigation was to be based on an approved PS&D; and cited the following from the interlocal agreement: 6. PHASE II: (A) Implementation: It is the intent of the City, County, and School Board to enter into a second interlocal agreement upon the completion of the Phase I traffic modeling study, to provide for the implementation of the transportation mitigation alternatives mutually agreed upon by City, County, and School Board pursuant to Paragraph 5 of this Agreement. Dr. Fowler stated that the interlocal agreement states cost-sharing and mitigation alternatives would be discussed during phase II; that Commissioner Pillot's motion would provide something of substance to be taken to a public hearing with the three bodies; however, the County government should be involved in the discussions if a interlocal agreement will be deviated from. Vice Mayor Merrill stated that it is ironic that School Board representatives appeared before the PBLP and supported a change to close School Avenue which would divert traffic and impact neighborhoods; that the change was not included on the PS&D (94-M) presented, but the change was acceptable at the PBLP meeting; that the form of construction he is proposing is much more neighborhood friendly since it will not create a boulevard effect. Vice Mayor Merrill continued that a connection between School and Shade Avenues will be necessary to close School Avenue for any amount of time; that the PS&D (94-M) can be altered at a later date if a better location for an east/west connector is determined. Mr. Sollenberger stated the following: 1) that adopting the amendment offered by Vice Mayor Merrill would not preclude or rule out amending the PS&Ds if a better solution is identified; therefore, the intent and purpose of the interlocal agreement would be followed, 2) a finding of consistency with the Comprehensive Plan will be necessary if the amendment to the motion passes, and 3) the City Engineer's recommendations relative to drainage need to be incorporated in the action taken by the Commission. Mayor Patterson asked for procedural guidance on how to determine consistency with the Sarasota City Plan. City Attorney Taylor stated that the motion should be amended to include a finding of consistency; that the record contains the PBLP meeting minutes in which a finding of consistency was indicated by the Planning Staff recommendation for PS&D (94-M) approval subject to mitigation of pedestrian movement issues; that the first amendment to the motion could be voted on prior to taking a vote on consistency. BOOK 37 Page 11096 11/21/94 6:00 P.M. BOOK 37 Page 11097 11/21/94 6:00 P.M. Mayor Patterson stated that the Stormwater Concurrency and EDCM Review issues also need to be incorporated; that with regard to the drainage area, concurrence has been reached on deleting "The property should be an approximate width of 120' from Shade Avenue to School Avenue." Mayor Patterson continued that the document should be made part of the agreement and as Mr. Sollenberger works with Dr. Fowler adjustments can be made if appropriate. Mr. Daughters came before the Commission. Attorney Bailey stated that the language in the report on page 3 of 4 would not be applicable. Mayor Patterson stated that portions of the language would be applicable if the amendment to include a Hatton Street connector passes. Mr. Daughters reviewed the sections of the document on which Attorney Bailey had made comments and stated he recommends the following: 1. retain the original language pertaining to an asphalt resurfacing overlay since a decision has not been made to close School Avenue which was the Attorney Bailey's argument for deletion. Attorney Bailey stated that he concurs until such time as the Commission would choose to close School Avenue. Attorney Bailey stated that the two paragraphs on the bottom of page 2 of 4 relating to the underpass should be stricken. Vice Mayor Merrill stated that inclusion of the document is for the benefit of the School Board; and asked if a motion is necessary. City Attorney Taylor stated that the Commission could approve the document as it is applicable to the final motion approved with the authority of the City Manager to waive those items that may be approved but become unnecessary due to the ultimate configuration of the project. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to amend the motion to 1) include approval of the Staff recommendations related to Stormwater concurrency and EDCM review as applicable, 2) authorize the City Manager to remove those items that become inapplicable to the final agreement. Mayor Patterson called for a vote on the second amendment. Second Amendment carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson called for the vote on the first amendment to the motion to add the construction of a two-way Hatton Street on the PS&D between School and Shade Avenues between the two PS&D plans proposed. Dr. Fowler stated that the School Board has no objection to the extension of Hatton Street subject to flexibility being provided with regard to an issue related to oak trees on the property. Commissioner Pillot asked the City Attorney for comment with regard to the interlocal agreement and the Commission's action without input from the County? City Attorney Taylor stated that the amendment does not violate the interlocal agreement; that the three-party process will be followed; therefore the amendment is subject to continuing with the interlocal agreement. Mayor Patterson called for the vote on the first amendment. First amendment carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to amend the motion to find the proposed PS&Ds (94-M and 94-N) consistent with the Sarasota City Plan. Third amendment carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson called for the vote on the main motion as amended three times. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Dr. Fowler asked if a date for the tri-party meeting would be included in the schedule presented at the December 19 meeting? Mr. Sollenberger stated that he understood that as part of the intent of the motion. 20. CITIZENS INPUT (AGENDA ITEM VI) There was no one signed up to speak. 21. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = DEPARTMENT OF PUBLIC SAFETY TO REPORT ON VALET PARKING (AGENDA ITEM X) #4 (1150) through (1615) VICE MAYOR MERRILL: BOOK 37 Page 11098 11/21/94 6:00 P.M. BOOK 37 Page 11099 11/21/94 6:00 P.M. A. stated that Joe Hembree is to be commended for breaking up a fight in Five Points Park on Friday and for getting involved and keeping someone from getting hurt. COMMISSIONER CARDAMONE: A. stated that she had been asked how the public parking lot behind the Paradise Cafe is being used to deny parking to the merchants in the area and benefit the Sarasota Opera, and how the French Film Festival is able to charge a fee to use public parking. Commissioner Pillot stated that he was attempting to park in the referenced parking area during an Opera performance and was told he could not park there as it was limited to Opera valet parking; that he parked there anywayi that he meant to bring this to the attention of the City Manager previously. Commissioner Cardamone stated that she received two complaints on this subject this week. Mayor Patterson stated she has also received complaints and would like a report as to obligations made by the City on the parking, the rationale, and the future direction. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the valet parking ordinance will come back before the Commission as a public hearing in December; that the ordinance was originally presented to the Commission in November; that more citizen input was requested which the Administration is currently gathering. Mayor Patterson stated that the Opera has for some time leased a percentage of the available parking spaces to provide valet parking. Commissioner Cardamone stated that the Opera has not blocked off the lot completely in the past. Mayor Patterson stated that she understands the City has contracted with the Opera to lease all available parking spaces next season. John Lewis, Director of Public Safety, came before the Commission and stated that the Opera has leased the entire lot on a number of occasions for the last two seasons. Mayor Patterson stated that she was referring to leasing all the available parking spaces in other parking lots as well. Director Lewis stated that the Opera has entered into a lease for the Central Avenue lot located behind Emphasis Cafe which has 87 parking spaces; that the lease did not include the alley or any other spaces; that a draft agreement was developed early this year and sent to Opera House representatives, each area merchant, and members of the Downtown Association; that two hearings for public input will be held with Commander R.L. Pillifant of the Public Safety Department and everyone will have an opportunity to bring their concerns to the City before the agreement is finalized. Mayor Patterson stated that she would like to hear what has been done rather than the process since there are disgruntled citizens. Director Lewis stated that the proposal is for the Opera to lease the lot in February and March for approximately $1,400; that the Opera will have exclusive use of the lot for all but seven days in March from 5:00 or 6:00 p.m. until the conclusion of the performances at approximately midnight; that the Opera will have exclusive use of the lot for seven to eight days in February during the same evening hours. Commissioner Cardamone asked if the exclusive use is for events which occur at the Opera House and not just Opera season? Director Lewis stated that the lease is for the Central Avenue lot only and for exclusive use on specified dates in February and March. Commissioner Cardamone stated that this could cause businesses in the area which do not have their own private parking to close down; that street parking will also be utilized by Opera patrons who choose not to use valet parking; that the lease prevents a restaurant patron from using the lot during the specified times. Commissioner Cardamone continued that February and March are during the height of the season when all businesses are very busy; and asked if comments will be heard from the restaurant owners during the public input sessions? Director Lewis stated yes; that restaurant owners had been contacted a number of times to address any concerns including using a portion of the lot instead of the entire lot and other items. Mayor Patterson asked if it has been decided to lease the entire lot? Director Lewis stated that the plan is to lease the Opera all 87 parking spaces during the dates and times specified. Mayor Patterson stated that it does not appear the restaurant owners' concerns were addressed. Director Lewis stated he has not heard the concerns referenced by Commissioner Cardamone. Mayor Patterson stated it is odd that the restaurant owners came to the Commissioners and not the Administration. BOOK 37 Page 11100 11/21/94 6:00 P.M. BOOK 37 Page 11101 11/21/94 6:00 P.M. Director Lewis stated that the restaurant owners should be directed to the Public Safety Department; that the restaurant owners have been talking with Commander Pillifant. Director Lewis continued that he speaks with Commander Pillifant daily; that as of today only one merchant has expressed concern. Commissioner Cardamone stated that Director Lewis is referring to February and March and she is referring to last week. Director Lewis stated that the parking lot was not leased to the Opera last week, but he will check into the issue. Commissioner Pillot stated that no one from the public has discussed the issue with him and he was referring to his own personal experience during the last Opera season. Mayor Patterson stated that she heard all the parking lots in the area had been leased which is not true; and asked if all 87 spaces in the referenced parking lot are normally leased? Director Lewis stated that normally 18 parking spaces are leased in the Central Avenue parking lot, making it one of the least productive lots in the City. Mayor Patterson stated that, therefore, approximately 60 parking spaces normally available to the public have been converted to a lease arrangement and made available solely to the Opera. Director Lewis stated that the public hearing with the merchants will be held next week; that data and public input will be gathered and a report made to the Commission. Mayor Patterson asked if the Opera can be accommodated by apportioning the number of required parking spaces among several different parking lots instead of one, providing more flexibility? Director Lewis stated that suggestion will be reviewed. B. stated that the traffic signalization situation is still deplorable; that the Florida Department of Transportation (FDOT) had previously written: "It is important to note that fine-tuning of the system will take place in November, 1994"; and asked if the fine-tuning is being done? Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that he hopes to have something significant to report at the next Commission meeting; that within the past few days FDOT indicated drastic action has been proposed which should result in a dramatic improvement; that the information will be presented at the next Commission meeting. Commissioner Cardamone stated that the FDOT should be invited back to address the Commission if the traffic signalization situation cannot be resolved within the next week. MAYOR PATTERSON: A. stated that the Opera asked her some time ago if she would be willing to contribute a day as Mayor of the city of Sarasota; that she had glibly said yes and a friend of hers has purchased this opportunity. Commissioner Pillot stated that there is nothing wrong with that kind of a fund-raising endeavor; that neither Mayor Patterson nor any of the Commissioners has the right to delegate their Charter authority, for example, the purchaser could not sign documents, etc.; that, otherwise, why not proceed? Mayor Patterson stated she would appreciate any suggestions as to activities for the purchaser of the opportunity to serve as Mayor of the City of Sarasota for a day. 22. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (1615) through (1629) CITY MANAGER SOLLENBERGER: A. stated that the celebration of the connection of the downtown with the bayfront will be held on Sunday, December 4. CITY AUDITOR AND CLERK ROBINSON: A. stated that the public hearing on the Vision Plan will be held on Thursday, November 30, at 7:00 p.m. and will be televised. 23. ADJOURN (AGENDA ITEM XII) #4 (1630) The Regular City Commission Meeting of November 21, 1994, was adjourned at 11:12 p.m. Hora luon NORA PATTERSON, MAYOR ATTEST: lly E Rebenson * BILLY Ec ROBINSON, CITY AUDITOR AND CLERK *. a BOOK 37 Page 11102 11/21/94 6:00 P.M.