BOOK 39 Page 13109 05/06/96 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 6, 1996, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: PRESENTATION OF PLAOUE TO JAMES W. SMITH AND CLINTON JONES MEMBERS OF THE CIVIL BERVICE/CENERAL PERSONNEL BOARD #1 (0051) through (0110) William Davenport, Director of Human Resources, Larry Lovejoy, Employee Services Manager, and James Smith and Clinton Jones, Civil Service/Ceneral Personnel Board, came before the Commission. Mr. Davenport stated that Mr. Smith and Mr. Jones have served on the Civil Service/Ceneral Personnel Board since 1990 Mr. Lovejoy stated that the Civil Service/Ceneral Personnel Board advises and makes recommendations to the City Manager concerning the City's Personnel Rules and Regulations in respect to the duties, hours of work, discipline and control of all permanent employees of the City; that the Board is an appeal board for permanent employees of the City and, in such a capacity, hears and determines the evidence where an employee appeals a demotion, suspension, or dismissal. Mayor Cardamone read in its entirety and presented Mr. Smith and Mr. Jones each with a plaque in honor of their commitment and support to the Civil Service/General Personnel Board. 2. PRESENTATION RE: APPRECIATION TO COMMISSIONER DUPREE #1 (0110) through (0170) Sandra Singleton, came before the Commission and stated that a deeper appreciation of what a Commissioner does daily from 9 a.m. to 9 p.m. was gained when Commissioner Dupree provided her the opportunity to "job shadow" him on National Take Your Daughter to Work Day. Ms. Singleton thanked Commissioner Dupree for the opportunity; and presented him with a decorative platter of baked goods. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0170) through (0206) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Agenda Item I-1, Approval of Minutes Re: Minutes of the statutory meeting of April 12, 1996. B. Add under Scheduled Presentations, per the Mayor's request, Agenda Item V-1, regarding a presentation from Hope Byrnes on the Sister Cities trip to Hamilton, Ontario, Canada. C. Remove from Consent Agenda No. 2, Agenda Item No. III-B-4, Adoption Re: Second reading of proposed Ordinance No. 95-3917, as the easements required by Florida Power & Light have not yet been received. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 4. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF APRIL 15, 1996 = APPROVED (AGENDA ITEM I) #1 (0207) through (0215) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the regular City Commission meeting of April 15, 1996, are approved by unanimous consent. 5. BOARD ACTIONS: REPORT RE: PLANNING BOARD/ LOCAL PLANNING AGENCY'S REGULAR MEETING OF APRIL 3, 1996 - DIRECTED STAFF TO INCORPORATE THROUGH THE LDRS PROCESS MINIMUM STANDARDS FOR LEASEHOLD PROPERTIES IN THE G ZONE DISTRICT (AGENDA ITEM II-1A AND 6. BOARD ACTIONS: REPORT RE: ADVANCED PLANNING BOARD/LOCAL PLANNING AGENCY'S REPORT OF MAY 1, 1996, CONCERNING THE BOYS AND GIRLS CLUB - NEWTOWN FACILITY (PETITION NUMBERS 96-PSD-G AND 96-SE-03) = AFFIRMED THE PBLP RESOLUTION REGARDING SPECIAL EXCEPTION PETITION 96-SE-06 (AGENDA ITEM II-1B) #1 (0215) through (0560) BOOK 39 Page 13110 05/06/96 6:00 P.M. BOOK 39 Page 13111 05/06/96 6:00 P.M. Jane Robinson, Director of Planning and Development, and Judson Boedecker, Chairman of the Planning Board/Local Planning (PBLP) Agency, came before the Commission. Mr. Boedecker presented the following items from the Planning Board/Local Planning Agency's regular meeting of April 3, 1996: A. Leases of City-owned Governmental Use (G) zoned property and Other Entities Mr. Boedecker stated that the PBLP has discussed on several occasions the need for objective development criteria in the Governmental Use (G) Zone District; that concern was raised by member Ron Annis that requests for development may come before the PBLP prior to completion of the Land Development Regulations (LDRs); that the PBLP recommends the City Commission consider incorporating development standards into all future leases of City- owned, G-zoned property. Mr. Boedecker continued that the need for development criteria as guidance was apparent when the PBLP was reviewing site plan approval for development of the City-owned property leased to the Sarasota Ballet. City Manager Sollenberger stated that the Administration recommends directing Staff to incorporate minimum standards for leasehold properties in the G Zone District during the Comprehensive Update of the LDRS. Mr. Boedecker presented the following item from the advanced PBLP report of May 1, 1996, concerning the Boys and Girls Club - Newtown Facility: B. Petition No. 96-SE-03 Mr. Boedecker stated that Petition No. 96-SE-03 requests a special exception to permit a non-governmental use in a G Zone District; that Preliminary Site and Development Plan 96-PSD-G has been filed in conjunction with the special exception to construct a new Boys and Girls Club of Sarasota County facility off Osprey Avenue between 19th and 21st Streets, east of Goodrich Avenue; that the PBLP found 96-SE-03 and 96-PSD-G consistent with the Sarasota City Plan and the Tree Protection Ordinance, adopted a resolution approving 96-SE-03, and recommend approval to the Commission subject to the following conditions: 1. Review by Staff as to the legality of the road access situation via the Housing Authority roads. 2. Review by Staff of the May 1, 1996, site plan for compliance with the City of Sarasota technical codes and to assess the impact of the parking loss to the housing complex. Commissioner Patterson stated that incorporating standards for the G Zone District into the LDRS is supported; that Commission unease was experienced with aspects of the site plan approved for the Sarasota Ballet in terms of the Closeness of the building to the water. Commissioner Patterson continued that an opinion from the City Attorney's Office included in the Agenda material indicates that in 1957 the Housing Authority conveyed fee simple title to the City of the interior streets, roads, alleys, and adjacent sidewalks located to the west of the proposed site for the Newtown Boys and Girls Club facility. City Attorney Taylor stated that is correct. Mayor Cardamone stated that the proximity of the Sarasota Ballet building to the water was one concern raised when that site plan was reviewed; that an ability for the Commission to review the design of buildings erected on City-owned property was another. Commissioner Patterson stated that the Commission has some input in design when site plans are approved; that a greater degree of design approval should be considered for buildings erected on City- owned property in the G Zone District. Mayor Cardamone agreed. City Manager Sollenberger stated that the Administration recommends affirming the PBLP resolution regarding 96-SE-06 and accepting the PBLP board report. Vice Mayor Pillot asked for clarification of the effect of the PBLP's recommendation on the Boys and Girls Club of Sarasota County? Ms. Robinson stated that the PBLP approved Special Exception Petition No. 96-SE-06; that 96-PSD-G will be presented to the Commission for final site plan approval at a future meeting. On motion of Vice Mayor Pillot and seçond of Commissioner Dupree, it was moved to accept the PBLP report. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone; yes. City Auditor and Clerk Robinson stated that two Board reports were presented; and asked if the intent of the motion was to direct Staff to incorporate through the LDRS process minimum standards for leasehold properties in the G Zone District? Mayor Cardamone stated yes. BOOK 39 Page 13112 05/06/96 6:00 P.M. BOOK 39 Page 13113 05/06/96 6:00 P.M. City Auditor and Clerk Robinson stated that a motion will be necessary to affirm the PBLP resolution regarding Special Exception Petition 96-SE-06. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to affirm the PBLP resolution regarding Special Exception Petition 96-SE-06. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 7. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF APRIL 9, 1996 = SET FOR PUBLIC HEARING PETITION NOS. 96-HD-01, 96-HD-02, 96-HD-03, 96-HD-04, AND 96-HD-05 (AGENDA ITEM II-2) #1 (0561) through (0619) Jane Robinson, Director of Planning and Development, and Robert Town, Chairman of the Historic Preservation Board, came before the Commission. Mr. Town presented the following items from the Historic Preservation Board's Report of April 9, 1996; and stated that the Historic Preservation Board recommends to the City Commission approval of the following which all meet at least one of the criteria required for historic designation: Petition 96-HD-01 636 South Osprey Avenue The Moses L. Tomilson House Petition 96-HD-02 1490 First Street The Russell Building Petition 96-HD-03 1630 Morrill Street The Dunnebacke House Petition 96-HD-04 1631 Loma Linda Street The Richardson House Petition 96-HD-05 129 Edmondson Avenue The Sprague House On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to set Petitions 96-HD-01, 96-HD-02, 96-HD 03, 96-HD-04, and 96-HD-05 for public hearing. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 8. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETINGS OF JANUARY 18, 1996, AND APRIL 23, 1996 - APPROVED DISTRIBUTION OF THE 1996 ART SURVEY WITH OUESTION #8 MODIFIED: REFERRED DEVELOPMENT OF A PARTNERSHIP BETWEEN THE CITY AND CORPORATE/BUSINESSES AND ARTISTS TO THE CITY MANAGER AND THE PAC FOR REFINEMENT (AGENDA ITEM II-3) #1 (0619) through (1066) Jane Robinson, Director of Planning and Development, and Dennis Kowal, Chairman of the Public Art Committee (PAC), came before the Commission. Mr. Kowal stated that the City of Sarasota has many interesting thing of which to be proud; that The Huntington Bank is installing a 50-by-60-inch steel sculpture entitled People Place; that the Visual Arts Center has Sarasota's first out-of-door sculpture garden; that the County has established a public art committee; that the City's Public Art Committee is focused; that Towles Court has been completed; that the fountain at the Municipal Auditorium is operational; that the Little Five Points park, located at the corner of Pineapple and Orange Avenues, is completed; that a Children's Fountain will be developed at Island Park. Mr. Kowal presented the following items from the Public Art Committee's regular meetings of January 18, 1996, and April 23, 1996: A. 1996 Survey of Possible Art Installations Mr. Kowal stated that the PAC designed a survey consisting of 8 questions to ascertain whether or not serious interest in the community exists to have art in stores and businesses on Main Street, Palm Avenue, and other downtown Sarasota Business locations; that he has volunteered to conduct the survey and report the results to the PAC; that allocation of City resources will not be necessary. City Manager Sollenberger stated that the proposal for a survey is an expansion of the City's Public Art Program; that the Administration recommends that no City resources be allocated but the PAC, through the Chairman, be allowed to distribute the survey if the City Commission wants to proceed with the project. Commissioner Merrill referred to the following question on the survey: 8. Do you feel the bureaucratic process for installing fine art is too complicated? Commissioner Merrill stated that most people are not aware of the process undertaken to display fine art; that the phrase "bureaucratic process" sounds negative and should be eliminated. Mr. Kowal stated that the intent of the question is to address whether or not business owners in Sarasota feel displaying fine art BOOK 39 Page 13114 05/06/96 6:00 P.M. BOOK 39 Page 13115 05/06/96 6:00 P.M. is worth putting forth the effort if the process required for approval can be expedited. Vice Mayor Pillot referred to the following question on the survey: 2. Are you interested in exhibiting art, painting sculpture, etc., in conjunction with your business? Vice Mayor Pillot stated that question #8 could be eliminated; that question #2 could be followed by a question asking: Are you willing to put forth the necessary time and effort to establish art in your business? Commissioner Patterson stated that the City does not have a process by which the location of art inside a private business is determined; that the City's process applies only to art displayed on public land or as part of a development plan which requires a mandatory contribution to art; that she agrees question #8 is confusing; that the survey could request suggestions for altering the process. Mayor Cardamone stated that question #1 references "fine art"; and asked the difference between fine art and art? Mr. Kowal stated that the term "fine art" clarifies the intention of the survey to attain the highest level of presentation. On motion of Commissioner Dupree and second of Vice Mayor Pillot, it was moved to approve distribution of the survey. Vice Mayor Pillot asked if the motion includes implementation of the Commission discussion regarding question #8. Commissioner Dupree stated yes; that the motion included modifying or restructuring question #8 to eliminate the negative connotation. Mayor Cardamone called for the vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. B. Discussion on a partnership between the City and Corporate/usinesses and Artists Mr. Kowal stated that the PAC, at its April 23, 1996, meeting, recommended approval of a concept for the development of a partnership between the City of Sarasota businesses and/or individuals, artists, and the City via the PAC; that the PAC would act as a catalyst to have public art actually take place; that the project would require each PAC member to solicit business owners to display public art; that a standardized contract will be developed for use by private business owners and artists; that the City of Sarasota would be eligible to participate in the program if desired. City Manager Sollenberger stated that the proposal is an expansion of the City's Public Art Program; that the PAC should be directed to report back with a defined concept if the City Commission deems such a project appropriate; that attention should be given to staffing and related costs, liability insurance, the Sunshine Law if multiple PAC members intend to approach patrons or artist, and a possible amendment to the Public Art ordinance if the City is to participate in the program; that the Administration and the PAC could work together to acquire loaned or donated pieces of art for display throughout the City. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to refer the development of a partnership between the City and Corporate/Businesses and Artists to the City Manager and the PAC for refinement. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 9. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, AND 12 = APPROVED (AGENDA ITEM III-A) #1 (1065) through (1095) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Robert and Jane Waechter = 2257 Bee Ridge Road (Site 10-4), a retail/office 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Mr. and Mrs. Sciarretta - 3913 Brown Avenue (Site 11-11), Brant's Book Store 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Thomas Bozek - 1705-1707 Hansen Street (Site 11-18), a residential duplex 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Thomas Bozek - 1715 - 1717 Hansen Street (Site 11-20), a residential duplex 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for William Bryant 1708 Nebraska Street (Site 11-28 A,B), a residential duplex BOOK 39 Page 13116 05/06/96 6:00 P.M. BOOK 39 Page 13117 05/06/96 6:00 P.M. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for Albert and Martha Hope - 1704 Nebraska Street (Site 11-29), a single family residence 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement for John Russo = 1704 Bay Road (Site 11-41), a single-family residence 8. Approval Re: Settlement of Leroy Ford V. City of Sarasota, Sergeant L. Kimball and Police Officer John Doe 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Addendum to the Contract for the sale of a portion of the Fourth Street Fire Station property to Roy C. Smith and Barbara Sue Smith 10. Approval Re: Authorized the Mayor and City Auditor and Clerk to execute the Cooperative Agreement between the Southwest Florida Water Management District and the City of Sarasota for Atmospheric Deposition, Toxic Loading, and Data Management 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Funding Agreement between Sarasota County and the City of Sarasota to support the Sarasota Bay National Estuary Program efforts in Fiscal Year 1997 12. Approval Re: Award of Purchase Order Contract to Venice Construction Clean Up, Nokomis, Florida, (Bid # 96-67) in the amount of $20,282, for Tree Trimming Services On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Items 1 through 12 inclusive. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes;Patterson, yes; Pillot, yes; Cardamone; yes. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 96R-885) - ADOPTED; ITEM 2 (RESOLUTION NO. 96R-886) - ADOPTED; ITEM 3 (ORDINANCE NO. 95-3917) - ADOPTED; ITEM 4 (ORDINANCE NO. 96-3924) - REMOVED: ITEM 5 (ORDINANCE NO. 96-3929) = ADOPTED; AND ITEM 6 (ORDINANCE NO. 96-3935) = ADOPTED (AGENDA ITEM III-B) #1 (1095) through (1265) 1. Adoption Re: Proposed Resolution No. 96R-885, appropriating $6,965.75 from the Unappropriated Fund Balance of the General Fund to fund the Special City Commission election of January 23, 1996; etc. 2. Adoption Re: Proposed Resolution No. 96R-886, appropriating $30,000.00 from the Unappropriated Fund Balance of the General Fund to temporarily fund the $30,000 shortfall for the Gillespie Park Substation approved by the City Commission on April 1, 1996. The sale of the police substation at 8th Street and Orange Avenue will repay this amount; etc. 3. Adoption Re: Second reading of proposed Ordinance No. 95-3917, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota; amending Section 24-83, Cost-of- Living Adjustment, to provide for annual cost-of-living payments after retirement and between age 51 and age 55; repealing all ordinances in conflict herewith; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 96-3929, to conditionally rezone from OPB Zone District to RMF-4 Zone District; and to approve Final Site and Development Plan 96-PSD-D to permit construction of an Adult Congregate Living Facility (ACLF) with support facilities to be known as "The Gardens" on the following described real propertyi subject site lies on the south side of Fruitville Road just west of Beneva Road and east of Bobby Jones Apartments, with a street address of 3470 Fruitville Road; more particularly described herein; etc. (Title Only) (Petition Nos. 96-CO-04 & 96-PSD-D, petitioner Diane Penn, representing Dartmoor Properties and the Gardens, Inc.) 6. Adoption Re: Second reading of proposed Ordinance No. 96-3935, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, amending Section 24- 98, to amend Trustee Attendance Requirements; repealing all ordinances in conflict herewith; etc. (Title Only) On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Items 1, 2, 3, 5, and 6. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Pillot, yes; Merrill, yes; Patterson, yes. Mayor Cardamone requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that citizens wishing to speak must signup on a Request to Speak form located in the rear of the Commission BOOK 39 Page 13118 05/06/96 6:00 P.M. A - BOOK 39 Page 13119 05/06/96 6:00 P.M. Chambers; that citizens have 5 minutes to speak, will be timed, and notified when 4 minutes has elapsed. City Auditor and Clerk Robinson stated that swearing in of individuals wishing to speak during the public hearings is not required for tonight's public hearing. 11. PUBLIC HEARING RE: PROPOSED SOUTH SARASOTA TRAFFIC ABATEMENT PLAN - 1) GRANTED CONCEPTUAL APPROVAL OF ALL THREE PHASES OF THE AREA-WIDE PLAN, STIPULATING THAT PHASES II AND III WILL BE REVIEWED AFTER THE RESULTS OF PHASE I ARE EVALUATED, AND BOTH PHASES II AND III WILL REQUIRE CITY COMMISSION APPROVAL; AND 2) APPROVED PHASE I OF THE PLAN FOR IMPLEMENTATION AFTER TAKING INTO ACCOUNT THE RECMMENDATIONS OF THE ENGINEERING DEPARTMENT AND THE DEPARTMENT OF PUBLIC SAFETY (AGENDA ITEM IV-1) #1 (1265) through #3 (0138) Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, and Rob Patten; Chairman, South Sarasota Traffic Study Task Force, came before the Commission. City Manager Sollenberger stated that in the past five years, the City Commission has received nine petitions requesting traffic abatement on residential streets within the area bound by Mound Street on the north, Webber Street on the south, Sarasota Bay on the west, and South Tamiami Trail on the east; that in May of 1995 the Commission authorized the establishment of a neighborhood task force and appointed 25 citizens representing. residences and businesses within the study area to examine the issue and develop comprehensive solutions to problems of neighborhood traffic intrusion; that the Administration recommends adopting the phased abatement plan submitted by the South Sarasota Traffic Study Task Force. Dennis Daughters, Director of Engineering/Clty Engineer, and Asim Mohammed, Assistant City Engineer, and Rob Patten, Chairman, South Sarasota Traffic Study Task Force, came before the Commission. Mr. Daughters stated that a majority of the Task Force members are present in the audience; and asked the members to stand and be recognized. Mr. Patten stated that the Task Force, with assistance of City Staff, performed a comprehensive review of traffic abatement in south Sarasota; that during the past year, representatives from seven neighborhood associations, the Southside Village Business Association, the medical community, Sarasota Memorial Hospital (SMH), and the City's Engineering Department, met twelve times, had two joint meetings with the Sarasota Memorial Hospital Neighborhood Advisory Committee regarding their master plan, held one, four-hour Saturday morning workshop, and conducted an evening open house to obtain public comment; that the express purpose of the meetings was to develop reasonable methods to abate cut-through traffic on residential streets within the study area; that the Task Force's goal was to recommend to the Commission a plan developed in a fiscally responsible manner that would reduce traffic on residential neighborhood streets by approximately 30% and reduce speeds on residential streets to the legally posted speed limits; that the nature of traffic abatement within established urban areas is to discourage or prohibit traffic on residential streets and encourage the use of major thoroughfares; that all the Task Force members participated in a difficult endeavor with a spirit of cooperation, consensus building, compromise, and a genuine effort to consider the larger public benefit realized from an area-wide approach; that a tremendous effort was put forth, consensus on an abatement plan was reached; however, all Task Force members did not support the recommendations. Mr. Patten continued that the Task Force recommendations have been structured in a flexible, conservative manner; that the phasing of implementation over three years, allows the Commission, City Staff, and the Task Force, if so desired by the Commission, to reevaluate the plan after completion of the first phase and prior to continuing with subsequent phases; that many of the abatement measures are temporary and can be removed if necessaryi that the Task Force rejected aggressive and radical approaches to traffic abatement, i.e, street closures, cul-de-sacs, removal of traffic lights, removal of bridges, etc., in favor of a softer and gentler approach; that the abatement measures recommended will not prevent through traffic on any of the neighborhood streets but will slow the speed of traffic and discourage cut-through traffic. Mr. Patten further stated that south Sarasota is an area of homes, businesses, and healthcare providers that has undergone substantial change over the past 21 years; that the number of younger families with children residing in the neighborhoods has increased significantly; that the south Sarasota residents are investing and taking pride in the appearance of their properties; that the City Commission's support of the Task Force's efforts and commitment to neighborhood preservation is appreciated; and commended City Staff for their assistance and responsiveness during the difficult yet important endeavor undertaken by the Task Force. Copies of the exhibits displayed during the computer-generated graphic presentation were distributed to the Commission. Mr. Monammed referred to and explained the Neighborhood Traffic Data provided to the Task Force which reflected the daily traffic volumes and the 85th% speed of vehicles travelling on each street. BOOK 39 Page 13120 05/06/96 6:00 P.M. BOOK 39 Page 13121 05/06/96 6:00 P.M. Vice Mayor Pillot asked if one or two motorists could have been driving, e.g., at a speed of 39.9 and the remainder of the 85% of motorist driving below 39.9? Mr. Mohammed stated no; that the data is not an average mean or average median; that the 85th% speed is the standard used by the Florida Department of Transportation (FDOT) to determine the speed of the majority of traffic on a specific roadway; that the standard is used nationally by all State and local agencies; that the speeds reflected indicate that 85% of the vehicles travelling on the street were travelling a speed of, e.g., 39.9, and 15% were travelling at a greater speed; that an 85th% speed of 39.9 indicates the average speed could not have been less than 32. Mr. Daughters stated that the traffic counts are available for Commission review; that the results of 85th% speed compare similarly to a bell curve. Commissioner Patterson stated that utilizing average speeds in the future would make the data more comprehendible to the Commission. Mayor Cardamone and Vice Mayor Pillot agreed. Mr. Patten stated that the traffic data was not the only element reviewed by the Task Force; that anecdotal descriptions from residents and members of the Task Force were just as important. Mr. Mohammed referred to a computer-generated map of the study area to identify and explain the traffic abatement implementation methods recommended by the Task Force for Phase I, which included the following: PHASE I Alta Vista Street Multi-way STOP signs @ Pomelo Avenue Arlington Street Two speed humps between Orange and Osprey Avenues Bahia Vista Street Two speed humps between Osprey Avenue and Brewer Place, and a neck-out to restrict right-turning movement onto Brewer Place Boyce Street Prohibit left turns onto Osprey Avenue Flower Drive Three-way STOP signs @ Harbor Drive, between Harbor Place & Hillview Drive Floyd Street Two speed humps between Orange and Osprey Avenues Irving Street Two temporary semi-diverters @ Yale Avenue Laurent Place Multi-way STOP signs at @ Hillview Street and @ Hyde Park Street Lincoln Drive Three-way STOP signs @ Brewer Place Loma Linda Street Multi-way STOP signs @ Pomelo Avenue McClellan Parkway Alternative paving methods @ 3 locations, and prohibit left turns onto Osprey Avenue Orange Avenue Alternative paving methods @ 2 locations, and Signage @ Mound Street "Siesta Key, Sarasota Memorial Hospital Traffic Use U.S. 41" Osprey Avenue Signage @ Siesta Drive "Downtown, Sarasota Memorial Hospital Traffic Use U.S. 41" Prospect Street Two semi diverters @ Pomelo Avenue and two speed humps east of Osprey Avenue Waldemere Street Two speed humps between Orange and Osprey Avenues Commissioner Patterson asked for clarification of the yellow circles reflected on Hillview Drive, Alta Vista, Irving, Loma Linda, and Prospect Streets. Mr. Mohammed stated that those streets do not meet the warrants established by the Commission for traffic abatement implementation; however, the Engineering Department has reviewed the justification submitted by the Task Force and agrees meeting the warrants should be waived. Mr. Mohammed referred to a computer-generated map of the study area to identify and explain the traffic abatement implementation methods between Osprey Avenue and South Tamiami Trail as recommended by the Task Force for Phase II: PHASE II Grove Street Two neck-outs Morris Street Two neck-outs Boyce Street Two speed humps BOOK 39 Page 13122 05/06/96 6:00 P.M. BOOK 39 Page 13123 05/06/96 6:00 P.M. Clematis Street Four chicanes @ 2 locations Hibiscus Street Four chicanes @ 2 locations Osprey Avenue Neck-out to reduce pavement with @ Mietaw Drive/Hyde Park Street Mr. Mohammed stated that the traffic abatement proposed in Phase II will be reviewed after completion of the monitoring period following implementation of Phase I; that the Sarasota Traffic Study Task Force will reconvene at the completion of Phase I to obtain input from residents on the streets outlined in Phase II and re-evaluate the Phase II recommendations. Vice Mayor Pillot asked for clarification of the difference between a semi-diverter and a neck-out. Mr. Mohammed stated that semi-diverter prevents entrance of traffic in one direction; that a neck-out allows travel in both directions, but narrows the width of the roadway sufficiently to allow passage for only one vehicle at a time; that, for example, the Task Force has recommended semi-diverters on Prospect Street as a deterrent to the anticipated increase in cut-through traffic generated by further expansion of SMH and development of the property at the intersection of Prospect Street/U.S. 41. to discourage an increase in cut-through traffic; that the semi-diverters proposed will be installed on a temporary basis, monitored for six months after the completion of Phase I, and removed if traffic counts indicate the semi-diverters have caused a diversion of traffic onto adjacent neighborhood streets or are not serving the purpose for which installed. Commissioner Patterson stated that no abatement measures are proposed on Hawthorne Street; that the cut-through traffic from Osprey Avenue to Orange Avenue could easily be diverted onto Hawthorne Street. Mr. Patten stated that the cut-through traffic is primarily generated from motorists attempting to access U.S. 41 from Osprey Avenue; that Hawthorne Street does not continue straight through to U.S. 41. Commissioner Patterson stated that the daily traffic volume of 535 on Hawthorne Street could easily increase to 1,000; that neighborhood traffic attempting to access the medical offices may choose to take Hawthorne Street and avoid the abatement on the adjacent streets; that the street should be monitored closely. Mr. Patten stated that the impacts to Hawthorne Street will be evaluated at the completion of Phase I; that neighborhood traffic has a general respect for the character of the neighborhood and is not of concern; that the motorists who opt to divert from U.S. 41 onto the neighborhood streets to reach a destination quicker is the traffic with which the residents have problems; that the abatement measures proposed will make cut-through traffic less convenient. Mr. Mohammed referred to a computer-generated map of the study area to identify and explain the traffic abatement implementation methods recommended by the Task Force for Phase III, which included the following: PHASE III Arlington Street Potential cul-de-sac east of Osprey Avenue as part of SMH Master Plan Bahia Vista Street Change traffic signalization Datura Street Consider other measures Hawthorne Street Potential cul-de-sac east of Osprey Avenue as part of SMH Master Plan Lincoln Drive Consider two speed humps Osprey Avenue Increase left turn capacity @ Mound Street Waldemere Street Consider preventing east/west traffic @ Osprey Avenue Wisteria Street Other measures Mr. Mohammed explained a schedule of implementation and cost estimates for each phase as follows: Phase Cost Completion Date Monitoring I $114,400 December 1996 3/97 - 5/97 II $ 51,500 December 1997 3/98 - 5/98 III $ 58,000 December 1998 3/99 = 5/99 Mr. Daughters stated that although Engineering Staff devoted thousands of hours to this traffic study, the process followed was efficient; that the nine petitions filed would not have been completed by this date if studied only by Staff; that the Task Force's efforts are commendable. Mr. Daughters stated that the Administration recommends the following: BOOK 39 Page 13124 05/06/96 6:00 P.M. BOOK 39 Page 13125 05/06/96 6:00 P.M. 1. Receive public input on Phase I, II, and III of the South Sarasota Traffic Abatement Plan. 2. Grant conceptual approval of all three phases of the area-wide plan, stipulating that Phases II and III will be reviewed after the results of Phase I are evaluated, and both will require City Commission approval. 3. Approve Phase I of the plan for implementation after taking into account the recommendations of the Engineering Department and the Department of Public Safety. Commissioner Merrill referred to the neck-outs proposed on Morris and Grove Streets in Phase II; and stated that reflectors and barricades surround the neck-outs installed on Hyde Park Street near Shade Avenue to inform the public of their presencei that the neck-outs are difficult to see in the evening and during rainstorms; and asked if permanent signage has been developed to inform motorists about the existence of the neck-outs? Mr. Mohammed stated that daily monitoring has occurred on Hyde Park Street since installation of the neck-outs; that the Department of Public Safety has expressed safety concerns; that the barricades referenced were initially placed around the neck-outs because trees had not been planted; that trees were planted recently which will improve visibility; that the curbs along the neck-outs will be painted, reflectors installed, and safety and effectiveness monitored over the next six months; that Commission approval for the neck-outs proposed in Phase II will not be requested if the results from the monitoring performed at Hyde Park Street are not favorable. Commissioner Merrill asked if Staff considers neck-outs experimental as a conclusion has not been reached regarding their effectiveness? Mr. Mohammed stated that is correct; that Hyde Park Street is the first location at which neck-outs have been installed. Commissioner Patterson stated that the traffic light at Bahia Vista Street/Osprey Avenue is not shown on the graphics; and asked if the traffic light will be retained. Mr. Mohammed stated that the existing traffic abatement measures and traffic lights in the area will be retained; that the graphics identify only the measures being proposed; that including the existing traffic control devices would have made the presentation of the individual phases confusing. Mayor Cardamone stated that the master plan graphic includes some, but not all of the existing traffic control devices. Mr. Mohammed stated that all of the existing traffic control devices will be retained. Mr. Patten stated that the Task Force discussed but dismissed removing the traffic light at Bahia Vista Street/Osprey Avenue; that the change in signalization timing initiated by FDOT at that traffic light and the one at Hillview Street has resulted in a reduction of traffic on Osprey and Orange Avenues; that motorists are not willing to wait at those traffic lights for a lengthy period of time. Commissioner Patterson stated that the proximity to the north/south roadways of the neck-outs proposed on Grove and Morris Streets in Phase II is of concern; that substantial discussion and input regarding the traffic accident history on Hyde Park Street should take place prior to considering installation of those neck-outs. Mr. Mohammed stated that the neck-outs would be placed several hundred feet from the north/south roadways. Commissioner Merrill asked if other streets have sufficient capacity to assume the traffic being diverted off of the neighborhood streets? Mr. Daughters stated that the majority of the traffic will be diverted onto U.S. 41; that some of the traffic will be diverted to Tuttle Avenue; that the smoother surfaces of U.S. 41 and Tuttle Avenue, once completed, should be more enticing to motorists than streets on which traffic abatement measures have been installed. Mr. Mohammed stated that the analysis performed projected a diversion of approximately 50% of the traffic on Orange Avenue; that portions of that traffic would be diverted to Osprey Avenue; however, approximately 6,500 vehicles would be diverted to U.S. 41, which has a daily traffic volume of 60,000 and is operating at a level of service "D" during the a.m./p.m. peak hours; that U.S. 41 has sufficient capacity to accommodate the diverted traffic. Commissioner Patterson stated that construction on Tuttle Avenue may not be completed prior to the installation of these traffic abatement measures; that, in addition, construction on Osprey Avenue related to installation of sewer lines is planned in the near future; that the completion date scheduled for Phase I is December 1996; that the more controversial measures should be installed substantially sooner so the public can become accustomed to the abatement prior to onset of the tourist season and the winter holidays. BOOK 39 Page 13126 05/06/96 6:00 P.M. BOOK 39 Page 13127 05/06/96 6:00 P.M. Mr. Mohammed stated that the speed humps and alternative paving methods, especially on McClellan Parkway and Orange Avenue, should be completed in July or August 1996. Mr. Daughters stated that a Request for Proposal (RFP) will be issued for the alternative paving methods and bids presented to the Commission, hopefully, in June; that the City has already obtained contracts for the signage and speed humps; therefore, installation can be scheduled once approval to proceed is obtained from the Commission. Mr. Patten stated that Richard Ulrich, who acted as Chair in his absence, will make a few additional comments. Mr. Ulrich came before the Commission and stated that Sarasota Memorial Hospital (SMH) is the largest employer in a single location in the City; that many discussions were held with representatives of SMH to obtain input; that the Task Force membership attempted to address the proposals as a whole rather than with a parochial view of what would benefit only one street or area; that speakers during the public hearing may object to specific elements of the plan; that modifications may be necessary, which is why the Task Force has recommended a phased plan; that the Task Force members have agreed to reconvene in six months or one year to evaluate the results or problems created by implementation of Phase I to assist in clarifying, qualifying, and/or changing the overall plan; that the intent of the proposal is to provide an equitable solution for residents on all the streets in the study area as well as motorists travelling from north Sarasota to south Sarasota; that the intent was not to prevent traffic on the neighborhood streets but to reduce the volume and speeds by making the cut-through routes less appealing than the major thoroughfares. Mayor Cardamone opened the public hearing. The following people came before the Commission: Bryant Meeks, 911 Pomelo Avenue (34236), presented for the record a handwritten petition signed by 11 homeowners and 1 resident from the 900 block of Pomelo Avenue and 1 homeowners and 1 resident from the 1700 block of Alta Vista Street, which stated the following: The undersigned do not favor, in fact, strenuously oppose the proposed "traffic abatement" projects proposed for our neighborhood. we believe they are unnecessary, not well thought out, dangerous, a waste of money, and not in the best public interest. You are encouraged to "deny" these proposed projects. Please call any of us for further discussion. Mr. Meeks stated that the proposed abatement measures require an expenditure of funding; that a temporary increase in traffic enforcement at the corner of Pomelo Avenue and the issuance of citations for traffic violations would result in a reduction of speed at the location and would also generate revenue for the City; that the efforts of the Task Force are commendable, but he, who is reasonably well-informed of activities occurring in Sarasota, was not aware of the proposed abatement measures until reading the article published in the Sarasota Herald-Tribune on May 3, 1996; that the traffic circles proposed at the intersection of Pomelo Avenue and Alta Vista Street will not work; that the space retained is not sufficient for emergency or delivery vehicles to bypass; that positive benefits from the proposed City expenditure have not been presented; that the streets of Sarasota were built to move not to impede traffic; that the multi-way STOP signs installed at the Alta Vista Street/Pomelo Avenue intersection should be monitored; that the police should address the problem of motorists violating the speed limit; that the lengthy wait at the Bahia Vista Street/Osprey Avenue traffic light encourages neighborhood traffic to travel on adjacent residential streets; that the neck-outs create a safety hazard for motorists and cyclists. Mr. Meeks continued that the City's Engineering Department should be utilized in a more productive manner; that the funds required for the abatement measures should be allocated towards other projects desperately needed in the City of Sarasota. Dr. Robert Windom, 1562 South Drive, (34239), stated that he is a concerned citizen and has been a member of the Task Force for the past year; that the City of Sarasota must be viewed as a body, a total unit; that a body experiences an adverse effect if a problem in the leg causes an obstruction in the flow of blood; that, similarly, an adverse impact will be experienced by the total City if traffic is obstructed in south Sarasota; that arteries are to remain open as are streets; that Sarasota is not a dormant community but a growing one; that 50 years ago, Bahia Vista Street, Beneva Road, Tuttle Avenue, and Bee Ridge Road were all quiet neighborhood streets which adjusted to meet the demands of streets; that human nature dictates the shortest distance between two points is a straight line; that frustration, anxieties, and a flow of adrenalin will lead to accidents if a straight line of traffic is obstructed; that injuries related to emergency vehicles transversing speed humps have resulted in the past; that saving lives is a greater safety concern than the reasons brought forth in support of placing obstructions in the street; that traffic enforcement helps fight crime; that last year, Sarasota public safety personnel was reduced by 20 police officers; that crime could be reduced if the $250,000 slated for the proposed traffic abatement was invested in hiring five or six more police officers; that Sarasota Memorial Hospital has a plan to cul-de-sac Arlington Street; that a proposed project on Osprey Avenue will designate BOOK 39 Page 13128 05/06/96 6:00 P.M. BOOK 39 Page 13129 05/06/96 6:00 P.M. three or four streets in the south Sarasota area as 15 miles per hour (mph) zones; that diverting traffic from Orange Avenue to U.S. 41 will cause greater problems; that traffic has been blocked from traveling south on U.S. 41 from Bahia Vista Street to Waldemere Street; that recently an emergency vehicle was observed maneuvering with difficulty on U.S. 41 in off-season traffic; that 28,000 cars will still travel on Orange and Osprey Avenues despite the intent to divert 6,000 cars to U.S. 41; that better methods exist to control traffic. Dr. Thomas G. Dickinson, 2229 McClellan Parkway (34239), stated that six professional traffic studies have been conducted in the residential neighborhoods of the City in the past 25 years; that the Engineering Department, the Planning Department, the Coalition of City Neighborhoods Association, and Sarasota Memorial Hospital have met regularly to analyze traffic problems in the south Sarasota area; -that each of the 30 recommendations set forth by the Task Force is based on sound traffic engineering described and tested in traffic engineering literature; that strong, safe residential neighborhoods close to the central business district support a thriving downtown; that the Task Force's recommendations are designed to enhance the safety and protection of City neighborhoods from the ongoing erosion of urban growth; that support from the Commission is respectfully requested. Sam Shackow, 2355 Mcclellan Parkway (34239), representing South Sarasota Traffic Study Task Force, requested that the Commission support the traffic abatement plan; and stated that the traffic abatement plan is a very good, well-thought-out plan; that access will be available to motorists who will travel through the streets slowly and safely; that the Engineering Department and the Public Safety Department reviewed the plan with community input; that the Public Safety Department made no objection to the indicated implementations; that the plan was submitted to and overwhelmingly supported by the McClellan Park Neighborhood Association. Henry Trawick, 1626 Bayview Drive (34239), stated that he has been a resident of Sarasota for 40 years; that repeated requests to the City Manager for information regarding traffic plans for the southwest quadrant of Sarasota have been consistently ignored; that the government's attitude appears presumptuous; that the Sarasota Herald-Tribune published figures stating that approximately 1,000 vehicles per week travel the neighborhood crossover streets; that mathematical computation reduces that number to 143 cars per day, or 10 vehicles per street per day; that the statistical claims of the Engineering Department have not been verified; that no evidence has been offered verifying the locations or times of purported monitoring of traffic in the neighborhood; that although he travels the route approximately four times daily, no one has been observed conducting traffic counts in a consistent manner on Orange Avenue and McClellan Parkway; that the alleged monitoring was conducted without public knowledge; that traffic counters across the street or individuals physically counting vehicles were not observed; that the statistics presented are questionable; that a thick volume prepared by the FDOT was produced the last time the Engineering Department was contacted regarding a traffic problem; that Dr. Windom is correct in describing the problem as Citywide rather than limited to any one area; that the members of the Task Force were appointed from among those citizens who were most likely to produce the verdict the Commission desired; that the Task Force was not comprise of any members from other parts of the City; that a taxpayer from the south Sarasota area can drive in other City areas, e.g., the Ringling Museum, without encountering obstruction; that the traffic abatement plan attempts to exclude vehicles driven by taxpayers who live outside the neighborhood from transversing the south Sarasota area; however, all taxpayers of the City are expected to contribute to the cost of the proposed traffic abatement and continued maintenance of those streets. Mr. Trawick continued that the monitoring of Phase I and the methods to be used must be publicized; that the Engineering Department has been asked numerous times over the past four years to adjust the synchronization of the traffic lights from North Washington Boulevard to Orange Avenue; that the City Engineer shifts the responsibility to the FDOT or evades the question entirely; that the route has been properly synchronized only three times in 27 years; that the claim that gas will be saved by the FDOT signalization plan is unsupported by any factual information. Mr. Trawick further stated that the Commission should not support an traffic abatement plan that forces the taxpayers to rid the south Sarasota neighborhood of 10 vehicles per street, per day. Chuck Robertson, 2115 Mietaw Drive (34329), President, McClellan Park Neighborhood Association (MPNA), stated that children should be able to move freely and safely throughout Mcclellan Park on the weekends and after school; that 60% to 80% of the motorists traveling through McClellan Park do not reside in the neighborhood; that citizens who live outside the neighborhood should use other streets to travel. Lyman MacNutt, 2146 McClellan Parkway (34239), representing the Mcclellan Park Neighborhood Association, stated that a practical way to determine the extent of the traffic problem on McClellan Parkway would be to sit at the end of his driveway on a Saturday; that the average speed is not 39.9 mph but closer to 50 or 60 mph when motorists pull across the double yellow line and pass; that trimming the front hedge of his lawn by the curb is a life threatening task; that children in the neighborhood are at risk; that a drunk driver left the road at 110 mph, breaking his truck in half; that seven traffic studies supported by the Engineering Department have been conducted over the past few decades; that the BOOK 39 Page 13130 05/06/96 6:00 P.M. BOOK 39 Page 13131 05/06/96 6:00 P.M. recommendations of the City's highly-paid Engineering Staff should be accepted; that the neighborhood deserves relief from speeding vehicles; that the Police Department does not have the resources to effectively reduce the aggressiveness and curb the driving manner of motorists transversing the south Sarasota area; that a one-time investment in traffic abatement will render the presence of traffic enforcement officers unnecessary; that the Commission requested recommendations from a Task Force; that the recommendations should be accepted. Martha Ann Roebuck, 2141 McClellan Parkway (34239), stated that she met most of her neighbors through the four traffic fatalities which occurred from 1986 to 1989 on McClellan Parkway; that one man remained pinned in his car for three hours after hitting a power line; that crossing the street to visit neighbors is difficult because motorists travelling on McClellan Parkway are rude, careless, and disrespectful; that she has had two dogs have been killed; that the speed of the vehicles, not the volume, is objectionable; that motorists do not respect the rights of other people. Steven Katzman, 2170 McClellan Parkway (34239), presented a petition signed by approximately 68 people which stated the following: Petition to the City of Sarasota for consideration of Speed Humps to slow traffic on McClellan Parkway and Orange Avenue. Mr. Katzman stated that the petition was circulated on Orange and Osprey Avenues; that the safety of the neighborhood residents should not be placed subordinate to convenience; that recently, the flow of traffic through the neighborhood was obstructed by the construction occurring at Mcclellan Parkway and Osprey Avenue; that for the first time in four years the neighborhood was incredibly quiet, affording easy exit from his driveway, and quick crossing of the street; that the recommendations of the Task Force should be accepted. Mike Hartenstine, 1579 Eastbrook Drive (34231), stated that public streets should be free of obstructions designed to benefit a few residents on adjoining streets; that guard gates, speed humps, and restricted-access streets have traditionally been the realm of private, deed-restricted communities; that residents in such communities often desire and expect impediments to travel in exchange for enhanced security and privacy from the public; that choosing a home on a public street is heavily influenced by the desire to be free from obstructions common to private streets; that citizens object to the privatization of public streets, especially when done at public expense; that today's electorate desires less government regulation; that regulation is typically conceived as laws and ordinances; however, the physical obstruction to citizens travelling on public streets is equally a form of government regulation and one perhaps resented more because of its tangible, recurrent intrusion on a citizen's daily life; that virtually no one welcomes the addition of stop lights on South Tamiami Trail; that the decision of government to install these additional traffic signals is frustrating for the citizenry who are being repeatedly brought to a halt. Mr. Hartenstine continued that Orange Avenue and McClellan Parkway have historically served as substantial thoroughfares for north/south traffic parallel to U.S. 41; that the same historical use exists for east/west traffic on Bahia Vista Street; that unimpeded travel on City streets has been a lifelong convenience; that satisfying the personal interests of a few by denying that convenience to the remaining public is objectionable; that the residents of Mcclellan Parkway have described the problems and requested relief; that the question must be asked as to why Mcclellan Parkway and Orange Avenue are different from Tuttle Avenue, Bee Ridge Road, or any other street which carries a high volume of traffic; that the residents of Mcclellan Parkway want to be treated like the residents of Harbor Drive, a true residential street; that McClellan Parkway and Orange Avenue should never have been designated as residential streets; that a more accurate and appropriate designation would have been as collector streets or minor collector streets, as Osprey Avenue is designated; that no rationale exists for treating McClellan Parkway and Orange Avenue like residential streets; that the traffic abatement plan proposed is unreasonable and unlawful; that an assumption is being made that the only legitimate thoroughfare is U.S. 41, irrespective of citizens desires or sense of safety or convenience; that the traffic abatement plan portends the eventual blanketing of the City with speed humps and other devices; that the domino effect is never-ending; that the plan conflicts with the State law which guarantees free, convenient, and unimpeded use of public roads; that lack of awareness is the reason so many members of the public who live outside a neighborhood being considered for traffic abatement show up at public hearings to voice opposition; that the public expects the elected officials to protect the general public's interest. Mr. Hartenstine continued that the rights of the general public should not be sacrificed in order to satisfy the special interests of a few; that the Engineering Department puts forth a major effort to obtain input and determine how the residents feel about the installation of speed humps in a particular neighborhood but makes no effort to determine how other citizens feel about a traffic abatement proposal; that the views of City residents living outside the neighborhood are deemed irrelevant; that the public presumes the elected officials are taking the interests of all City residents into account; that people who choose to live on a street with high traffic volumes should expect to live with the impacts of BOOK 39 Page 13132 05/06/96 6:00 P.M. BOOK 39 Page 13133 05/06/96 6:00 P.M. traffic; that location plays a significant role in the price and desirability of a property; that, for example, houses in the vicinity of the airport have lower purchase prices due to jet noise; therefore, an appeal to public sympathy for any proposal to reduce air traffic in order to enhance the quality of life in those neighborhoods would be made in vain; that the same logic applies to purchasing a house on a heavily traveled street. Michael Melnick, 1931 Irving Street (34236), stated that the situation on Irving Street is similar to that on Mcclellan Parkway; that the speed of vehicles, not the volume, is the problem; that a temporary, six-month traffic abatement plan is preferable to the crisis management which will occur in the event of a casualty. Mark Herrli, 959 Pomelo Place (34236), stated that an activity conducted by the Engineering Department was recently witnessed during which Fire Department and Public Works Department personnel attempted to maneuver vehicles around an area set up with cones similar in diameter to the nine-foot traffic circle proposed for installation at the four-way intersection of Alta Vista Street and Pomelo Avenue; that the emergency vehicles could not circumvent the obstacle; that a collision with a fence was narrowly avoided when the refuse vehicle attempted the maneuver. Mr. Herrli continued that the change in timing at the traffic light at Bahia Vista Street and Osprey Avenue has diverted additional traffic onto adjacent residential streets; that a promised return phone call from the Engineering Department in response to a query regarding that issue never materialized; that subsequently, he was told not to call the Engineering Department again and also not to call his neighbors or have the neighbors call the Engineering Department; that the majority of cut-through traffic is attempting to travel from west to east; that a stop sign at the corner of Pomelo Avenue and Alta Vista Street is needed; that he was informed that a stop sign could be installed if the nine-foot traffic circle at Alta Vista Street and Pomelo Avenue was unacceptable; that the semi-diverters previously installed on Hyde Park Street are missing chunks of concrete and have rubber tire marks on every inch of the obstruction due to vehicles hitting the abutment. Mr. Herrli further stated that a survey of his neighborhood was purported conducted in reference to the proposed traffic abatement plan; that all residents on the Pomelo Avenue to whom he has spoken oppose the proposed traffic abatement and feel a four-way stop at Pomelo Avenue and Alta Vista Street is necessaryi that none of the residents recalled being contacted by either the Task Force or the City or had any knowledge of the proposed nine-foot diameter "wall". Tollyn Twitchell, 1445 Flower Drive (34239), stated that he has resided off and on in the McClellan Park area since he was five years old; that a vehicular fatality has been witnessed; that Orange Avenue has historically been the main route for travel south; that although the traffic on Orange Avenue has been slowed by the reduced speed limit, the volume has not been affected as people traveling to Siesta Key prefer Orange Avenue to U.S. 41; that the 25 mph speed limit is unreasonable, and the delays at the traffic lights have resulted only in increased gas consumption and pollution; that a 35 mph speed limit is more appropriate on Orange Avenue; that Orange Avenue should be treated as a not-too-fast, busy artery; that a problem with speed on Orange Avenue was perceived only after a resident decided the noise level was unacceptable and built a wall; that Orange Avenue has always been noisy late at night; that the reduced speed limit has enormously increased the nuisance factor during the day; that the speed limit increases to 30 mph when U.S. 41 is crossed going downtown, which makes no sense; that the engineers should be complimented on creating methods to reduce noise and slow the traffic; however, the cure may be worse than the disease; that Orange and Tuttle Avenues have served as secondary or main arteries throughout the City's history and should not be put into the residential street category; that the volume will not decrease; that the claim made by people circulating petitions of children playing in the street on Orange Avenue has no basis; that small children should be kept out of the street; that teenager motorists speed; that the installation of speed humps may well exacerbate the problem; that small, low-key remedies make sense; that the traffic abatement plan reaches the level of harassment. David M. Cussen, 1644 Seminole Drive (34239), stated that Phases I, II, and III of the traffic abatement plan will serve as a progressive piece of neighborhood salvation; that the rest of the City should follow suit; that the Commissioners should vote in favor of the plan proposed; that the people voicing opposition have ideological reasons for stopping the plan; that the Commission should support people who have children and are attempting to upgrade City neighborhoods. Virginia Haley, 1646 South Orange Avenue (34239), stated that a scheduling conflict resulted in her resignation at the beginning of the Task Force; that the ideas of people who took the time to attend the meetings were incorporated into the discussions and considered; that no control over the agenda was exercised; that the Task Force discussions were open to everyone; that radical proposals, such as closing the access to McClellan Parkway from Osprey Avenue, were originally considered by the Task Force; however, consensus was reached that taxpayers should not be denied access to City streets; that a sane, normal person who travels 25 mph will experience no problem with the abatement measures proposed; that crazed motorist will; that the traffic abatement plan accommodates individuals who have patience and for whom life is not in such a hurry. BOOK 39 Page 13134 05/06/96 6:00 P.M. BOOK 39 Page 13135 05/06/96 6:00 P.M. Ms. Haley continued that traffic enforcement on Orange Avenue has been extremely effective; that the reduced speed limit has reduced the speed at which the majority of motorists travel; however, another safety hazard has resulted; that speeding motorists are crossing the double line to pass vehicles travelling at 25 mph; that a Cadillac recently careened onto the sidewalk and hit a wall; that another vehicle attempting to turn right into a driveway on Orange Avenue was struck by a motorist attempting to pass on the inside lane; that during a Harbor Acres neighborhood association meeting, a concern was presented that a straight-away area on Orange Avenue is dangerous; that residents have expressed interest in having speed humps installed in Harbor Acres. Ms. Haley further stated that the traffic abatement plan is not what everyone wanted but will make the streets safer for the people who live in south Sarasota. Commissioner Merrill asked for the additional amount of time anticipated to drive Orange Avenue and McClellan Parkway with the speed humps in place? Ms. Haley stated that no more than one minute more would be required. Commissioner Patterson stated that the Task Force was comprised primarily of people who live in the Orange Avenue/McClellan Parkway neighborhood; that relatively little publicity was generated on the issue; that objection will be raised after installation of the traffic abatement measures because much of the public is not aware of the pending plan; that she requested an article be published in the Sarasota Herald-Tribune to generate public awareness of the proposed traffic abatement plan; that Ms. Haley was the President of the Coalition of City Neighborhood Associations (CCNA) during a substantial portion of the time the Task Force met; that the CCNA is comprised of representatives from neighborhood associations throughout the City; and asked if the CCNA held discussion or took a position on the traffic abatement plan? Ms. Haley stated that some discussion took place; that the large number of CCNA representatives serving on the Task Force presented problems from the perspective of the Sunshine law; that a sufficient quorum would not have existed at the ÇCNA if all the Task Force members had excused themselves from voting on the issue at a CCNA meeting; that, in reference to public awareness, an article on the south Sarasota Traffic Study was published in the Sarasota Herald-Tribune prior to the open house held by the Task Force. Commissioner Patterson stated that the open house produced only 20 comments, universally negative to the traffic abatement plan but commenting in favor of speed humps for an individual's own neighborhood; that leaders of neighborhood associations would have received calls, for example, if people on Bird Key or in other neighborhoods viewed the traffic abatement plan as problematic. John Chapman, 2624 South Osprey Avenue (34239), stated that the intersection of McClellan Parkway and Osprey Avenue is close to the where he has resided for the past five years; that the house was owned originally by his great-grandmother and subsequently by his mother; that he has resided in this south Sarasota neighborhood for thirty-two of his thirty-three years and opposes the traffic abatement plan proposed; that much of the public is not aware of the traffic abatement plan; that great opposition will be voiced if the plan is implemented; that the speed limit on the wide, well- paved Orange Avenue should not have been lowered to 25 mph; that the decision to construct traffic islands on McClellan Parkway was purportedly to slow traffic, but in reality will create the look of a private sub-division; that the traffic situation now is not any different than twenty years ago; that people like to use public funds to privatize neighborhoods and streets; that people who want to live in that. manner should purchase homes in private sub- divisions; that remedies should be sought only if a problem has been growing and becomes worse over time; that the City recently installed speed humps on Shoreland and Old Oak Drives, which was preferable to the residents' petition requesting that the entrance to Old Oak Drive be closed at Siesta Drive; that preventing traffic use in particular areas merely reroutes the problem; that a great deal of frustration will be felt by citizens attempting to travel the abated City streets; that the traffic abatemênt plan will increase traffic problems; that the Commission should not approve the plan. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. Commissioner Patterson asked for clarification of the traffic circles referenced by several speakers. Mr. Daughters stated that the Commission should have been informed during the presentation that the traffic circles have been eliminated from the traffic abatement plan as site tests conducted with refuse vehicles, emergency fire apparatus, and landscape vehicles were unsuccessful. Vice Mayor Pillot requested a presentation from the Public Safety Department. Albert Hogle, Captain, Public Safety Department, came before the Commission, distributed photographs of a police vehicle parked next to a van at the Hyde Park Street neck-out, and stated that the Engineering Department has been informed of the Public Safety Department's opposition to the neck-outs; that the semi-diverters BOOK 39 Page 13136 05/06/96 6:00 P.M. BOOK 39 Page 13137 05/06/96 6:00 P.M. listed for Prospect and Irving Streets are preferable; that the Public Safety Department has no real concerns with other elements of the traffic abatement plan. Mayor Cardamone asked if placement of traffic islands or medians to separate vehicular traffic in opposite directions is considered safer than the neck-outs? Çaptain Hogle stated that median separators are considered safer as neck-outs pose the risk of two vehicles hitting head-on. Commissioner Patterson stated that median separators have been installed on Tangier Terrace. Mayor Cardamone asked the reason for recommending neck-outs rather than median separators? Mr. Mohammed stated that the City is experimenting with neck-outs on Hyde Park Street; that the neck-outs will be recommended for Phase II of the abatement plan only if the monitoring conducted on Hyde Park Street is successful. Vice Mayor Pillot stated that input from the Fire Department has not been presented; that such input may be essential prior to a Commission vote. Commissioner Patterson stated that the Fire Department, whose primary interest is in transporting a patient as rapidly as possible to the hospital, previously expressed opposition to speed humps and other traffic abatement measures; that alternative routes for ambulatory transport have been researched for previously implemented abatement plans; and asked if alternate routes for ambulatory transport have been analyzed in the south Sarasota area? Mr. Mohammed stated that traffic abatement measures are not proposed on Alta Vista, Loma Linda, Hawthorne, or Hillview Streets; that alternate routes are available for emergency vehicles exiting the hospital to travel to the west side of Orange or Osprey Avenues. Commissioner Merrill asked if the response time for ambulatory transport within the neighborhood has been analyzed? Mr. Mohammed stated that many unobstructed alternatives are available; that, for example, Hillview Street has access to traffic lights at both Orange and Osprey Avenues. Mr. Daughters stated that the potential response time after the installation of abatement measures will differ from the existing response time by only a matter of seconds. Mayor Cardamone asked if abatement measures will be removed if proven to be an impediment to public safety? Mr. Daughters stated that the possibility of removal by request of the Fire Department would be taken into consideration at the time Phase I is reevaluated. Mr. Mohammed stated that the fire apparatus vehicles experienced no difficulty maneuvering around the semi-diverters. Vice Mayor Pillot stated that the former City Fire Chief opposed speed humps installed on Shade Avenue; that Hawthorne Street is a dead end; that the comfort and safety of a patient in a vehicle transversing a speed hump should be considered. Commissioner Dupree stated that one speaker questioned the legality of the City's installing speed humps. City Attorney Taylor stated that the speaker's suggestion has no validity. Commissioner Dupree asked for the method used to obtain adequate sampling of the neighborhood residents' opinions of the plan. Mr. Mohammed stated that the members of the Task Force represent different streets within the study area; that individual Task Force members consulted with neighbors before making recommendations to the Engineering Department; that Task Force members evaluated information received regarding various traffic abatement measures to determine appropriate measures for various streets within the study area. Commissioner Patterson asked if the semi-diverters will allow a fire truck to cross to Pomelo Avenue. Mr. Mohammed stated yes; that the semi-diverters proposed are similar to those which have been used in Gainesville, Florida, over the past 10 years with no problems. On motion of Commissioner Merrill and second of Mayor Cardamone (who passed the gavel to Vice Mayor Pillot), it was moved to: 1) grant conceptual approval of all three phases of the area-wide plan, stipulating that Phases II and III will be reviewed after the results of Phase I are evaluated, and both Phases II and III will require City Commission approval; and 2) approve Phase I of the plan for implementation after taking into account the recommendations of the Engineering Department and the Department of Public Safety. Commissioner Merrill stated that some Task Force members have spoken in opposition to the plan; however, the Task Force is BOOK 39 Page 13138 05/06/96 6:00 P.M. BOOK 39 Page 13139 05/06/96 6:00 P.M. commended on developing an abatement plan that is supported by a large majority of the neighborhood; that after reading a book entitled Livable Streets, based on issues related to traffic abatement implemented in Berkeley, California, which indicates addressing traffic abatement in larger areas allows for greater opposition, he encouraged residents in District #3, specifically in the Shade Avenue area, to request abatement measures one street at a time; that opposition to traffic abatement tends to grow after installation; that many of the area-wide abatement measures installed in Berkeley, California, had to be removed, i.e., barricades, cul-de-sacs, etc.; that Berkeley had used radical traffic abatement measures, which have not been included in the plan recommended by the Task Force. Commissioner Merrill continued that the former City Fire Chief would not support the Shade Avenue traffic abatement as a delay in emergency response time was created; however, the Commission was informed that the emergency response time on Shade Avenue, even with traffic abatement measures installed, compared favorably to the standard response time for the overall community; that the south Sarasota neighborhood streets are within close proximity to the Waldemere Fire Station; that SMH is part of the neighborhood; therefore, the emergency response time within the south Sarasota neighborhood, even with the traffic abatement measures installed, will be less than the standard response time. Commissioner Merrill further stated that parents who want to avoid unsafe conditions will avoid living in certain neighborhoods within the City; that Mr. Robertson, Mr. MacNutt, and Ms. Roebuck addressed the issue of safety in McClellan Park; that difficulty mowing a yard, meeting neighbors at the scene of traffic collisions, and the death of two dogs are convincing arguments that high speeds and traffic volumes are a safety issue; that another speaker mentioned quiet; that an ability to sleep with windows opened is a quality of life issue which discourages people from living in neighborhoods adjacent to highways; that homeowners seek an ability to sleep in quiet even in urban environments; that Dr. Windom summarized the problem in stating the community has grown, the traffic has increased dramatically since Tuttle Avenue, Bahia Vista Street, and Osprey Avenue were arterials, and that neighborhoods adjust; that typically neighborhoods adjust downward and become less desirable places to live, which is what the City is attempting to avoid. Commissioner Merrill continued further that he agrees with a statement made in a letter received from Dr. Dickinson; and cited the following: Strong residential neighborhoods close to the central business district are the most important support for a thriving downtown. Commissioner Merrill stated that the vote taken on the proposed abatement plan will be definitive of the City Commission's position; that a Commission vote in support of the motion will clearly indicate greater emphasis is placed on making City neighborhoods a nice place to live than on reducing by a few seconds the travel time into the downtown for people who do not live in City neighborhoods. Commissioner Patterson stated that an erroneous statement made earlier by a speaker needs clarification; that the Sarasota City Police Department has not been reduced by 20 police officers; that the positions eliminated by the Commission during previous budget sessions were not incumbent positions; that police officers had never been hired to fill the positions, which were eliminated from the table of organization due to a lack in funding. Commissioner Patterson continued that her hesitancy in seconding the motion was based on a concern with conceptually approving Phases II and III of the abatement plan; that proceeding with subsequent phases after completion of Phase I is supported; however, some of the traffic abatement measures proposed in Phases II and III as presented are of concerni that she has major concerns with the chicanes and neck-outs proposed and is awaiting the results from the monitoring of the neck-outs on Hyde Park Street; that east/west routes are limited in the City; therefore, blocking through traffic on Waldemere Street across Osprey Avenue could not be supported; that the plan has been opposed by numerous residents of Pomelo Avenue; that speed humps and alternative paving methods can be accepted, but semi-diverters, such as proposed on Prospect Street, actually close through traffic and can cause a diversion of traffic onto neighboring streets, i.e., Pomelo Avenue; that the semi-diverters on Prospect Street are proposed to address increased traffic anticipated from the development of a Walgreens on U.S. 41 between Prospect and Bahia Vista Streets and the installation of traffic abatement measures on Bahia Vista Street; that the concern of Pomelo Avenue residents is recognized; however, the semi- diverters are temporary and can be removed if problems arise or the six-month traffic counts indicate a substantial amount of traffic has been diverted onto Pomelo Avenue. Commissioner Patterson continued that neighborhood traffic issues must be addressed if the City is to remain viable; that increasing the number of police officers devoted to traffic enforcement or installing traffic abatement measures are the only options available to address the traffic concerns of the south Sarasota neighborhood; that installing traffic abatement measures is a more economical method of assuring traffic on residential streets will pass at a slower speed; that she will vote in favor of the motion in support of the neighborhood that is subject to substantial amounts of traffic generated from SMH, an institution serving not only City residents but County residents as well. BOOK 39 Page 13140 05/06/96 6:00 P.M. BOOK 39 Page 13141 05/06/96 6:00 P.M. Commissioner Dupree stated that he has concerns similar to those stated by Commissioner Patterson; that, additionally, he is concerned with safety issues which could result from the City's efforts to provide safety for the neighborhood; and asked if the cost estimates presented include costs associated with removal of temporary traffic abatement measures, e.g., the semi-diverters? Mayor Cardamone stated that she attended a couple of Task Force meetings; that the members' attitudes, the exchange of dialog, and the give and take among the members was admirable; that the Task Force addressed the traffic issue as an area-wide problem; that the Commission is obligated to address traffic issues if the viability of City neighborhoods is to be maintained; that the south Sarasota neighborhood, as a high taxpaying district, has contributed toward abatement measures implemented elsewhere in the City throughout the years; that the cost associated with removing unsuccessful abatement measures should be minimal as the total cost estimated for Phase I is only $114,400; that the City Commission requested recommendations from the Task Force; that the recommendations presented should be accepted. Vice Mayor Pillot stated that prior to the public hearing, he anticipated supporting the abatement plan, with the exception of those elements deemed inappropriate by the Public Safety Department; that one speaker indicated traffic abatement is expanding throughout the City; that the streets onto which the traffic is being diverted is of concern; that a Citywide abatement plan may be necessary in the future; that through hard and insightful work, the Task Force has submitted a traffic abatement plan for south Sarasota; however, the Commission represents the entire City; that as an at-large Commissioner, he attempts to respond to issues rather than people; that neck-outs are one abatement measure which he cannot support; that the semi-diverters, which could potentially divert traffic onto Pomelo Avenue, are of concern; that although elements in Phase I could be supported on a trial basis, the entire proposal for Phase I could not; therefore, he will not support the motion. Vice Mayor Pillot continued that a legal issue regarding speed humps was raised by one speaker; that the City Attorney disagrees that speed humps are illegal; that a letter from the FDOT responding to an inquiry made by a local attorney, who was objecting to the installation of speed humps in Sarasota, suggests that the State has the authority to order removal of speed humps but chose not to exercise such authority in the instance referenced by the local attorney. Vice Mayor Pillot called for the vote on the motion to: 1) grant conceptual approval of all three phases of the area-wide plan, stipulating that Phases II and III will be reviewed after the results of Phase I are evaluated, and both Phases II and III will require City Commission approval; and 2) approve Phase I of the plan for implementation after taking into account the recommendations of the Engineering Department and the Department of Public Safety. Motion carried (4 to 1): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no; Cardamone, yes. Mayor Cardamone expressed the Commission's gratitude to the members of the Task Force and others involved in the South Sarasota Traffic Study. The Commission recessed at 9:05 p.m. and reconvened at 9:15 p.m. 12. SCHEDULED PRESENTATIONS RE: SISTER CITIES TRIP TO HAMILTON, ONTARIO, CANADA (AGENDA ITEM V-1) #3 (0138) through (0420) Hope Byrnes, President, Sister Cities Association of Sarasota, came before the Commission and stated that she and Mayor Cardamone recently completed a successful visit to Hamilton, Ontario, Canada, one of the five cities with which the Association is affiliated; that a full-page article published in the Hamilton Spectator was received upon arrival; that the article entitled, "Our Friends in Florida, I described Sarasota as "a chunk of paradise, the cultural center of Florida, and a city of such natural beauty and sheer elegance that it knocks your socks off." Ms. Byrnes continued that she and Mayor Cardamone were met personally in Toronto by Bob Morrow, the mayor of Hamilton, a city of over 300,000 people, and driven to Hamilton where four days of talks, receptions, and historic observances began in celebration of the 150th Anniversary of the founding of Hamilton; that His Royal Highness, the Prince of Wales, was on hand to represent the Crown; that in the receiving line, the Prince laughingly and with delight said he knew that she and Mayor Cardamone were on hand because sO many Canadians come to Sarasota, Florida, in the winter. Ms. Byrnes further stated that Sarasotans relationship with the Hamiltonians began in 1991 with Mote Marine Laboratories involvement in the Jason Project; that through the Sister Cities program, many people to people exchanges have taken place; that Hamiltonians have been housed in Sarasota private homes, danced and sung on Sarasota's stages, and baseball hopefuls have played at Ed Smith Stadium; that the Sarasota Ballet has performed in Hamilton; that the Hamilton and Sarasota Operas have collaborated, and business leaders have engaged in what are expected to be fruitful commercial transactions. Ms. Byrnes continued further that on their last day in Hamilton, Mayor Morrow arranged a special meeting with leaders of the arts and education community to solicit suggestions on enhancing the Hamilton/Sarasota relationship; that an excellent list of BOOK 39 Page 13142 05/06/96 6:00 P.M. BOOK 39 Page 13143 05/06/96 6:00 P.M. possibilities was developed which included: exchanges between Hamilton's Mohawk College and McMasters University and the University of South Florida and New College, Sarasota Memorial Hospital, Sarasota Opera and Opera Hamilton, the Ringling Museum and the Art Gallery of Hamilton, and visits from choirs to perform at fine arts concerts at some of Sarasota's local churches; that these exchanges will be pursued by the Association; that Mayor Morrow has also expressed interest in planning a multi-purpose visit by business leaders to Hamilton over four or five days surrounding Canada Day, July 1, and Independence Day, July 4; that Mayor Morrow will participate in Sarasota's Independence Day ceremonies this year; that hopefully, Mayor Morrow will be received by the Commission at that time. Ms. Byrnes continued further that students from Perpignan, France, on visits arranged by School Board Member Janice Mee, and a student from Tel Mond, Israel, sponsored by the Sarasota-Manatee Jewish Federation, will also be visiting Sarasota on July 4; that the French students who will be in Sarasota for the first two weeks of July will be housed in the homes of Sarasota high school students who will return to Perpignan and stay in French homes for the last two weeks of July; that Sarasota's relationship with its other Sister Cities, Santo Domingo, Dominican Republic, and Vladimir, Russia, continues to go well; that the success of the Sister Cities Program has led to other requests for affiliations; that although an ability to work with the public and private sectors in foreign countries holds much opportunity for the people of Sarasota, the Association will continue to exercise caution in whatever is undertaken as nothing should be done which will strain Sarasota's relationship with the five present Sister Cities. Ms. Byrnes concluded by thanking the City for the confidence placed in the Sister Cities Association and by citing a Christmas message received from the Mayor of Vladimir, Russia, Igor Shamov, who wrote, "It is worth to build the bridges between nations, countries, and people that can help make the world happier." Vice Mayor Pillot stated that reports from the Sister Cities Association should be made periodically to keep the Commission more informed about the relationships between Sarasota and each of the five Sister Cities. Mayor Cardamone stated that the Commission appreciates the efforts put forth by Ms. Byrnes and the board members of the Sister Cities Association. 13. CITIZENS I INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO WORK WITH FIRST NATIONAL ART, INC., TO LOCATE A SITE ON WHICH A NOVEMBER ART EVENT CAN BE HELD; A REPRESENTATIVE OF THE PUBLIC SAFETY DEPARTMENT TO CONTACT MR. TAYLOR, A LANDLORD OF PROPERTY LOCATED IN GILLESPIE PARK; ADMINISTRATION TO REPORT City Attorney Taylor stated that options may be available concerning lease interests; that the Administration could work with Mr. Taylor to steer him in the right direction. City Manager Sollenberger stated that a representative of the Public Safety Department will contact Mr. Taylor. David and Victoria Karins, 629 Payne Parkway (34237). Mr. Karins stated that returning Payne Park to its originally intended use as a recreational park for the use and enjoyment of all citizens is supported. Mr. Karins continued that Sarasota Ford was issued a temporary parking permit approximately four months ago; that via letters and phone calls by himself, his wife, and his brother-in-law numerous attempts have been made to encourage Code Enforcement and the City Manager's office to cite Sarasota Ford for Zoning Code and temporary parking permit violations, including but not limited to excessive large truck and commercial traffic through a residential zone; that Sarasota Ford is not using. the permit for parking vehicles but for their sale; that the temporary parking permit should be revoked due to the many failures on Sarasota Ford's part to comply with the conditions expressly set forth upon issuance of the permit; that although the existing permit expires on June 28, 1996, Sarasota Ford can request a 180-day extension; that a public hearing should be scheduled if the City intends to consider a 180- day extension of the temporary parking permit, which has negatively affected the quality of life and property values of residents who reside on Payne Parkway. City Manager Sollenberger stated that Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, has investigated and responded to complaints received; that the Administration will report back to the Commission on the issue. Mr. Karins stated that the City was recently notified of a violation occurring whereby a large transporting truck, unloading vehicles for Sarasota Ford, had blocked his driveway; that the City could have witnessed the activity if an inspector had been dispatched immediately. Ms. Karins stated that although the issuance of a temporary parking permit is at the discretion of the City Manager, the neighborhood concerns and impacts on the adjacent neighborhood should be weighed when the 180-day extension is considered. Commissioner Dupree stated that he has reviewed the area in questions; that certain violations have been witnessed. BOOK 39 Page 13146 05/06/96 6:00 P.M. BOOK 39 Page 13147 05/06/96 6:00 P.M. Mayor Cardamone stated that problems previously recognized by the Administration regarding the temporary parking permit have been reported to the Commission. 14. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 96-3930, TO CONDITIONALLY REZONE FROM RMF-4 ZONE DISTRICT TO CRT ZONE DISTRICT THE FOLLOWING DESCRIBED PROPERTY: LOTS 1 THRU 15, BLOCK 5, INCLUDING THE PORTION OF VACATED EAST TO WEST ALLEY WITHIN INWOOD PARK FIRST ADDITION SUBDIVISION AS RECORDED IN PLAT BOOK A, PAGE 23, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; AND TO APPROVE DEVELOPMENT PLAN 96-DPR-04 FOR ALL OF BLOCK 5, INWOOD PARK FIRST ADDITION, PERTAINING TO THE ABOVE-DESCRIBED PROPERTY BEING REZONED TO THE CRT ZONE DISTRICT AS WELL AS PROPERTY CURRENTLY ZONED CG ZONE DISTRICT, TO ALLOW THE CONSTRUCTION OF A WALGREENS STORE AND OTHER RETAIL/COMMERCIAL USE: SUBJECT SITE HAS A STREET ADDRESS OF 333 NORTH WASHINGTON BOULEVARD AND 1947 FRUITVILLE ROAD; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NOS. 96-CO-03 & 96-DPR-04, PETITIONERS JOHN W. MESHAD AND THOMAS DABNEY, II, REPRESENTING THIRD STREET AFFILIATES) - ADOPTED (AGENDA ITEM VII-1) #3 (1415) through (1884) Jane Robinson, Director of Planning and Development, and Dennis Daughters, Director of Engineering/City Engineer, came before the Commission. Ms. Robinson referred to a oning/subaivision map to identify the subject property, and stated that proposed Ordinance No. 96-3939 conditionally rezones the parcel of land lying east of Gillespie Avenue between Fruitville Road and Fourth Street from Residential, Multiple-Family (RMF-4) to Commercial Residential Transition (CRT); that Development Plan 96-DPR-04, filed in conjunction with the conditional rezoning, includes the portion of the site which is currently zoned Commercial General (CG) and proposes development of two structures: a Walgreens drugstore of approximately 13,900 square-feet and an unleased structure of approximately 7,500 square feet; that the Planning Board/Local Planning Agency (PBLP) at is meeting dated March 6, 1996, found the proposed development plan consistent with the Sarasota City Plan and recommended approval of the conditional rezoning (Petition No. 96-CO-03) to the City Commission subject to six stipulations; that on April 15, 1996, the City Commission passed the proposed ordinance on first reading and directed the Administration to meet with the petitioners and other interested parties to discuss potential changes to the traffic circulation recommended by the PBLP and report back at second reading. Ms. Robinson continued that a meeting with the applicant and the neighborhood representative, Linda Holland, was held on April 24, 1996; that Staff recommends the following requirements be provided at the sole expense of the petitioner and maintained in the ordinance: (a) The driveway for the project accessing Fourth Street be restricted to left-turn in/right-turn out only. Ms. Robinson stated that Staff is of the opinion restriction (a) is necessary to limit through traffic on Fourth Street and prevent neighborhood intrusion; that neighborhood representatives also agree the restriction should be maintained; that vehicles traveling west should exit the site via Fruitville Road and not through the Gillespie Park neighborhood. (b) The intersection of Gillespie Avenue onto Fruitville Road be restricted to right turn in and right turn out. The Petitioner shall install "No Left Turn" signs at the intersection of Gillespie Avenue and Fruitville Road in both directions. Ms. Robinson stated that restriction (l) is proposed to safeguard public safety and should be retained; that Fruitville Road at its intersection with Gillespie Avenue lacks sufficient space for maneuverability and storage of vehicles; that eastbound traffic can safely enter and exit the site at 4th Street. (c) The two driveways from the project onto Gillespie Avenue shall be posed to prohibit right turn out. (e) Petitioner shall construct a raised concrete semi- diverter for each of the two driveways of the project accessing Gillespie Avenue. Ms. Robinson stated that the goals and policies of the Comprehensive Plan call for the protection of neighborhoods from intrusion by commercial developments; therefore, Staff had recommended to the PBLP that existing traffic only be allowed to travel south back to Fruitville Road and not through Gillespie Park neighborhood; that residents in the area have requested the option of returning to home via Gillespie Avenue; that Staff recommends restrictions (c) and (e) be removed. Ms. Robinson continued that the Commission also requested that the Administration comment on the following: Timing of the utility relocation be prior to certificate of occupancy on the first structure. Ms. Robinson continued that Staff is in agreement with the petitioner that a more accurate easement location will be provided after the actual relocation has been completed; and recommends changing the ordinance to read as follows: BOOK 39 Page 13148 05/06/96 6:00 P.M. BOOK 39 Page 13149 05/06/96 6:00 P.M. Petitioner shall complete the utility relocation prior to the issuance of the certificate of occupancy on the first structure. Direct access from the site onto Fruitville Road Mr. Daughters summarized the following five comments: 1. Florida Department of Transportation (FDOT) is concerned about the proximity of curb cuts to major intersections as proper access management along major streets can improve traffic flows and safety. 2. Allowing an additional curb cut on Fruitville Road close to U.S. 301 creates the potential of rear-end accidents as motorists slow to ingress onto the site. 3. FDOT and City Staff encourage joint access points at existing intersections along major roads as redevelopment occurs. Redevelopment of properties to the west can jointly use Gillespie Avenue for access. 4. Frequency of curb cuts directly affects the capacity of a roadway. Therefore, minimizing the number of curb cuts is desirable to enhance highway capacity and maintain adopted level of service standards for concurrency purposes. Additionally, lowering the capacity of major roadways accentuates the need to either upgrade local residential streets or risk neighborhood traffic intrusion. 5. Both FDOT and the City generally allow existing curb cuts to remain unless a safety concern is raised. Mr. Daughters stated that Staff recommends a mid-block curb cut onto Fruitville Road be prohibited; and access be funnelled through Gillespie Avenue; that the petitioner concurs. Commissioner Patterson stated that three curb cuts currently exist on Fruitville Road; and asked if accidents occurred when the Old Heidelberg Castle was operated at the site? Mr. Daughters stated no. Vice Mayor Pillot asked if concerns by the petitioner have been raised regarding the modifications? Ms. Robinson stated no. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 96-3930 on second reading with the modifications as stated. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3930 by title only. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to adopt Ordinance No. 96-3930 on second reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 15. NEW BUSINESS: DISCUSSION RE: MEMORANDUM OF UNDERSTANDING BETWEEN THE SARASOTA CITY MANAGER AND THE SARASOTA COUNTY ADMINISTRATOR REGARDING THE USE OF PAYNE PARK - CITY MANAGER TO INFORM THE COMMISSION PRIOR TO ENCUMBERING CITY PROPERTIES IN THE FUTURE (AGENDA ITEM VIII-1) #3 (1884) through (2374) Commissioner Patterson stated that the City Manager recently made a decision regarding the use of Payne Park which she feels should have required a Commission vote. Commissioner Patterson referred to a minutes excerpt of the January 19, 1993, regular Commission meeting which reflected Commission discussion regarding the County's renovation of the Payne Park clubhouse for use as administrative offices and a wellness center for County staff without the City Commission's knowledge, the use of the clubhouse for non-recreational purposes, and the lack of rental income received for use of a City facility; and stated that the Commission reached a consensus for the City Manager to discuss an amicable resolution with the County Administrator; that the City Manager had stated that the wellness center would be available to City employees but whether City employees used the facility is unknown. Commissioner Patterson continued that the City Manager recently signed a memorandum of understanding agreeing that Sarasota County Government can make certain improvements to the Payne Park clubhouse and use the facility for non-recreational purposesi that the County intends to utilize the facility as a print shop; that the agreement does not include an expiration date or rental income to the City and states the County must agree with the City on the future recreational use of the facility; that the memorandum of understanding, in essence, gives the County veto power in determining a viable recreational use for a property donated to the City and prohibits the City from locating a governmental use in the clubhouse if so desired by the Commission in the future; that the City Manager should not be signing agreements which encumber City properties without a vote of the City Commission. City Manager Sollenberger stated that he has entered into many agreements with the County Administrator in the past; however, BOOK 39 Page 13150 05/06/96 6:00 P.M. BOOK 39 Page 13151 05/06/96 6:00 P.M. agreements which encumber City property will not be undertaken in the future without first apprising the Commission; that the clubhouse currently provides no recreational or park use for the City; that the County will maintain the facility until a viable recreational use is determined; that a time line on the County's use of the facility will be established with the development of the Payne Park Master Plan, as recommended in the Evaluation and Appraisal Report (EAR); that a Master Plan should be in place by December 1998 as the phase-out of the Sarasota Mobile Home Park (SMHP) begins in January 1999. Commissioner Patterson stated that allowing a temporary accommodation is different than signing a legally enforceable document that allows City property to be utilized by another government or private entity without prior Commission approval. Vice Mayor Pillot stated that the City Manager acted in accordance with the Parks and Recreation consolidation interlocal agreement entered into by the City which included assignment of the facilities at Payne Park to the County. Commissioner Merrill stated that the "Whereas" clauses of the memorandum of understanding clearly define that the permitted uses for the property will change once a viable recreational use has been determined; that City government and County government are both local government; that the City Manager and County Administrator showed exceptional judgment in signing the agreement. Commissioner Patterson stated that she totally disagrees; that the use permitted by the City Manager is not a recreational use; that the item should have come before the Commission for ratification. Mayor Cardamone stated that she thought the memorandum of understanding was a good agreementi and assumes the City Manager will negotiate an alternative agreement once a viable recreational use for the facility has been determined. City Manager Sollenberger stated that the Commission's support is appreciated; however, he intends to bring similar matters to the Commission in the future. Mayor Cardamone stated that would be appropriate. 16. NEW BUSINESS: APPROVAL RE: ESTABLISHMENT OF PRIORITIES FOR METROPOLITAN PLANNING ORGANI ZATION (MPO) FUNDED PROJECTS = APPROVED (AGENDA ITEM VIII-2) #3 (2374) through (2530) Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Daughters stated that every year the Technical Advisory Committee (TAC) of the Sarasota-Manatee Metropolitan Planning Organization (MPO) develops project priorities for the Florida Department of Transportation (FDOT) five-year Transportation Improvement Program (TIP); that this year the Technical Advisory Committee will be establishing priorities for the Fiscal Years 1997/98 through 2001/02; that consistent with MPO directive, all project priorities must have City Commission approval prior to consideration by the TAC. Mr. Daughters distributed and referred to a computer-generated handout which outlined the MPO's current priorities and explained the Administration's recommendations: Siesta Drive Intercoastal Bridge to Hanson Bayou rainye/cupbaideala Currently ranked as MPO's #17 priority, recommend moving to highest possible priority. Myrtle Street U.S. 301 to U.S. 41 Reconstruct and safety improvements Currently ranked as MPO's #13 priority, recommend moving up if possible. U.S. 301 University Parkway to Wood Street 6 lane from University Parkway to 12th St. Recommend retaining MPO's current ranking at #11. 12th Street Tuttle Avenue to Beneva Road Widen to 4 lanes Currently ranked as MPO's #33 priority, recommend combining with U.S. 301 project Lime Avenue Fruitville Road to 17th Street Widen to 4 lanes Recommend retaining MPO's current ranking at #15. Bahia Vista St. U.S. 41 to Tuttle Avenue Widen to 4 lanes Recommend retaining MPO's current ranking at #25. BOOK 39 Page 13152 05/06/96 6:00 P.M. BOOK 39 Page 13155 05/06/96 6:00 P.M. out" rule on drug sale, which should be encouraged to remain and be fully implemented; that Sarasota is rich in private agencies which rely upon charitable funding to provide services to help people upgrade their personal situation; that the Housing Authority Board should work with the various community funding agencies to focus resources on encouraging the empowerment of tenants to transition out of public housing; that the Housing Authority Board should provide the Commission regular reports; that the annual Housing Authority audits and the HUD performance reports are received by the City; that reports concerning the vacancy rates, rent collection percentages, rental turnarounds, etc., which are indicative of the quality of management, should be forwarded to the Commission; that maintenance of the exterior and interior of the facilities requires attention. Mayor Cardamone stated that the Commission authorized the City Attorney to respond to a list of questions concerning the City's relationship with the Housing Authority Board, the Commission's ability to remove Board Members, etc., and asked the City Attorney to comment. City Attorney Taylor stated that the Housing Authority is a separate and distinct legal entity from the City of Sarasota; that the law does not allow the City to have significant control over the operations of the Housing Authority; however, the Housing Authority only came into existence because the Commission determined a need existed in the community; therefore, the Commission should have the authority to monitor the activities of the Housing Authority and to make suggestions and recommendations with reference to meeting the needs of the community; that the Statute provides that Board Members are appointed by the Mayor with the consensus of the Commission; that with the power to appoint and the power to remove comes the power of the appointing authority to know what is happening; that the City does not have a direct right to be active in the day-to-day operations; however, enough authority exists for the Commission to ask to be kept apprised of activities of the Housing Authority and to express an opinion concerning operations; that audit mechanisms are available and the City has enough of an interest to initiate such an inquiry if the Commission determined circumstances warrant. Mayor Cardamone asked the time frame of a response to an inspection request? Mark Singer, City Attorney's office, came before the Commission and stated that HUD would not provide a definitive timetable; that information was obtained as to the method in which HUD would proceed; that upon receipt of a request, HUD or the Inspector General's office would determine whether an investigation would be pursued; that the length of the investigation would depend upon the amount of work to be done. Mayor Cardamone stated that the Commission's permission is sought to accept the City Manager's recommendations for presentation to the Housing Authority Board as a beginning indication of the type of information the Commission would like to receive and the activities the Commission would like pursued. Mayor Cardamone asked if the Commission has any objections to the proposal. Mayor Cardamone stated that hearing no objections, the recommendations of the City Manager are accepted for presentation to the Housing Authority Board. Mayor Cardamone stated that no criteria exists for the appointment of a Board Member of the Housing Authority; that criteria would serve the Commission well so Board Members are appointed with specific areas of experience and expertise. Mayor Cardamone asked if the Commission has any objections to developing criteria for appointment to the Housing Authority Board. Mayor Cardamone stated that hearing no objections, the Commission will begin the development of criteria for appointment to the Housing Authority Board. Mayor Cardamone stated that she recommends Jack T. Conway for appointment to the Housing Authority Board; that changes are necessary in the composition of the Housing Authority Board; that Mr. Conway is well known for his national presence in the field of public housing; that Mr. Conway was appointed by President John F. Kennedy to be Deputy Administrator of the Federal Housing and Home Finance Agencies, which was the predecessor of HUD; that in 1965 President Lyndon Johnson appointed him as the first director of the Community Action Program in the Office of Economic Opportunity (OEO) i that Mr. Conway later became Deputy Director of the OEO; that in 1968 Mr. Conway founded and served as President of the Center for Community Change, a technical assistance nonprofit corporation which helped form the early successful nonprofit community development corporations in Watts, East Los Angeles, Chicago, Newark and Mississippi; that Sarasota's problems are not as great as those areas; however, Mr. Conway is probably the one man in the southern part of the United States who has outstanding experience in public housing and has the ability to get things done; therefore, she places the name of Mr. Jack T. Conway in nomination. Mayor Cardamone stated that the service provided by current Board member and Chairman, Mr. Wallace Murray, during his four and a half year tenure on the Housing Authority Board has been appreciated. Vice Mayor Pillot stated that no one better qualified could be found; that the past qualifications and experience of Mr. Conway as presented are only part of his qualifications; that the community is very fortunate that Mr. Conway is willing to serve. BOOK 39 Page 13156 05/06/96 6:00 P.M. BOOK 39 Page 13157 05/06/96 6:00 P.M. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to endorse the Mayor's appointment of Mr. Jack T. Conway to the Housing Authority Board. Commissioner Dupree stated that he agreed with Vice Mayor Pillot comments concerning Mr. Conway; and stated that reservations nevertheless exist; that Mr. Murray's term expired in November 1995; that removing Mr. Murray in the middle of another term at a time when a new Executive Director for the Housing Authority has just been appointed and the Board has been so busy putting out fires is difficult; that the Board has not had a chance to show what it can do creatively and in accordance with some of the recommendations made by the City Manager; that supporting the removal of the Chairman of the Housing Authority Board at this time is difficult; however, Mr. Conway is eminently qualified. Mayor Cardamone stated that Commissioner Dupree's concern is respected; that the appointment request is not considered a removal of Mr. Murray, whose term of office was up in November 1995; that Commissioner, former Mayor, Merrill was reluctant to bring a name for appointment or reappointment to the Commission due to the interest of former Commissioner Delores Dry in the Housing Authority and the Board and due to her absence; that, unfortunately, Commissioner Dry passed away so District One was without representation for a time; that major attendance problems exist on the Housing Authority Board; that this appointment is a step in the direction of change; that she believes this appointment will be a good move in providing the Housing Authority Board an opportunity for different leadership. Commissioner Dupree asked if the attendance problems are due to the Chairman of the Board? Mayor Cardamone stated no. Commissioner Patterson stated that the Mayor's decision in selecting a candidate for the appointment was probably not easy; that Mr. Murray has been a volunteer on the Board and has devoted considerable energies to serving the Housing Authority; that the difficulties experienced cannot be laid at the feet of Mr. Murray or any single Board member; that the Housing Authority is in a transition period; that Mr. Murray has served for four and a half years; that an assumption may be made that someone who has served well will be reappointed; that changes in public housing are occurring throughout the country; that new skills of a member with a fresh outlook can benefit a board facing difficult challenges; that support has been given previous mayors on appointments if the candidate has been interviewed and she has confidence that the candidate will offer a positive contribution to the board; that she will support the Mayor's appointment of Jack T. Conway, who should be a wonderful addition to the Housing Authority Board; that supporting the appointment of Mr. Conway in no way slights the service rendered to the Housing Authority and the City by the current Chairman, Wallace Murray. Vice Mayor Pillot stated that Mr. Murray is not being removed from a second term; that for clarification, Mr. Murray has remained on the Housing Authority Board since his term expired in November 1995 because of the provision that the incumbent remains in the seat absent a new appointment; that the well-founded concerns of Commissioner Dupree would apply to someone coming in new to the game; that Mr. Conway has three decades of background in public housing and a strong knowledge of housing in Sarasota including the Housing Authority. Commissioner Dupree stated that his concern was not about Mr. Murray's serving another four-year term but rather about his having been allowed to stay as many months as he has past the time his term expired; that Mr. Murray could have been allowed to complete this year. Commissioner Merrill stated that the Housing Authority has been controversial and has had problems the past few years; that Commissioner Dry was in the hospital when the opportunity first presented itself for an appointment; that, as the Mayor at that time, he recommended goals be established by which to interview candidates for the Housing Authority; that the City Manager could not complete recommended goals while Commissioner Dry was ill, as input from the District #1 Commissioner, who is most familiar with the issues, could not be obtained; that a time lag occurred with the death of Commissioner Dry, the special election, and the seating of Commissioner Dupree; that time passed and Mr. Murray was willing to continue serving; that Mr. Murray, who came to him and asked about reappointment in the absence of goals, was told the Housing Authority Board was a controversial issue and the ability to achieve a majority vote with only four sitting Commissioners was unknown. Commissioner Merrill continued that he has always voted for the recommendation of the mayor; that the Mayor's reasons for the current appointment have been fully explained; that the Commissioners respect the mayor's judgment in making appointments; however, some appointment recommendations have not been approved in the past; that Mr. Murray has served on the Board with interest; that individual members cannot be blamed for the difficulties being experienced, but something is wrong at the Housing Authority; that Mr. Conway, who was instrumental in developing one of the early programs the Housing Authority Board denied, will be able help the Board accomplish objectives identified by the City Manager; that a change in direction on the Housing Authority Board is necessary; that thanks are extended to Mr. Murray for his service to the Housing Authority Board. BOOK 39 Page 13158 05/06/96 6:00 P.M. BOOK 39 Page 13159 05/06/96 6:00 P.M. Mayor Cardamone stated that other opportunities for appointments are anticipated as other terms expire in the future; that several tenants have suggested forming neighborhood associations in each public housing complex; that each neighborhood association will elect a board of directors who will present a candidate for filling vacancies on the Housing Authority Board so a voice will be heard from the residents; that one neighborhood association has already been formed, is having regular meetings, and has developed a list of problems to be presented to the Housing Authority Board; that she will be very democratic in bring the Commission nominations the next time; that attendance is a concern; that one Board member has missed 3 meetings in a row and 7 out of 16 meetings held in the last 12 months; that serious problems exist; that she is totally committed to seeing major changes in public housing; that one way to accomplish that objective is to bring new faces to the Housing Authority Board; that the Commission's support is appreciated. Mayor Cardamone called for a vote on the motion to approve the appointment of Mr. Jack T. Conway to the Housing Authority Board. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 19. BOARD APPOINTMENTS: APPOINTMENT RE: CITY COMMISSION REPRESENTATION ON BOARDS AND COMMITTEES - APPOINTED TO THE FOLLOWING BOARDS AND COMMITTEES: METROPOLITAN PLANNING ORGANIZATION = COMMISSIONERS MERRILL AND PATTERSON; NATIONAL ESTUARY POLICY COMMITTEE MAYOR CARDAMONE; ECONOMIC DEVELOPMENT BOARD = COMMISSIONER DUPREE; MANASOTA LEAGUE OF CITIES - COMMISSIONER PATTERSON; COUNCIL OF GOVERNMENTS = MAYOR CARDAMONE; TOURIST DEVELOPMENT COUNCIL - VICE MAYOR PILLOT (AGENDA ITEM IX-2) #4 (0234) through (0400) Mayor Cardamone stated that this agenda item concerns the Boards and Committees on which the Commission must have representation; that other forms of board service are not necessarily designated by the Commission. City Auditor and Clerk Robinson stated that the Boards and Committees being discussed are designated only for City Commissioners; that the following Commissioners have expressed interest in the following Boards and Committees: Metropolitan Planning Organization Commissioners Merrill and Patterson, National Estuary Policy Committee Mayor Cardamone, Economic Development Board - Commissioner Dupree, Manasota League of Cities Commissioner Patterson, Council of Governments = Mayor Cardamone. Vice Mayor Pillot stated that he is willing to serve as needed. City Auditor and Clerk Robinson stated that representation is required on the Tourist Development Council (TDC). Vice Mayor Pillot stated that he willing to serve on the TDC. Mayor Cardamone stated that hearing no objections, the appointment of the Commissioners who expressed interest in the various Boards and Committees is approved. Mayor Cardamone stated that the Council of Governments is a very interesting organization; and asked the City Manager to elaborate on its functions. City Manager Sollenberger stated that the Council of Governments operated for several years but has been dormant for about four or five years; that the Council consisted of a representative of the Board of County Commissioners who served as Chairman, the mayor of each City in the County, and the local Administrators; that the Council met monthly to discuss items of mutual concern; that enough is on the intergovermmental agenda to warrant the resurrection of the Council; that the City's participation is recommended. Mayor Cardamone stated she will be happy to represent the City in that forum; that a letter should be written to the Chairman of the Board of County Commissioners indicating that the resurrection of the Council would be supported by the City and that the City is willing to serve. Mayor Cardamone continued that Commissioners have an obligation to report back to the Commission on a regular basis regarding the business addressed by the boards on which City Commissioners sit; that reports should be scheduled on a regular basis. City Auditor and Clerk Robinson stated that the Charter Review Committee established a subcommittee which met May 6, 1996, to develop rules of procedures for recommendation to the Commission; that one suggestion is for Commissioners to report back to the full Commission concerning activities on various Boards and Committees. 20. REMARKS OF COMMIBBIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = SCHEDULED AN INFORMAL MEETING ON SATURDAY, JUNE 1, 1996 (AGENDA ITEM X) #4 (0253) through (0417) VICE MAYOR PILLOT A. stated that Mrs. Betsy Kelley is welcomed back after 12 weeks of post-surgery difficulties. COMMISSIONER MERRILL BOOK 39 Page 13160 05/06/96 6:00 P.M. BOOK 39 Page 13161 05/06/96 6:00 P.M. A. stated that appreciation was extended to the Administration for filling a short piece of East Avenue sidewalk. MAYOR CARDAMONE A. asked to schedule an informal discussion meeting of the Commission on Saturday, June 1, 1996, from 9 to 11 a.m. Commissioner Merrill asked the purpose of the meeting? Mayor Cardamone stated that each Commissioner has topics to be addressed; that the items to be discussed can include individual neighborhood concerns or opinions from throughout the City, topics for future discussion, etc. Commissioner Merrill stated that such lists are generally addressed to the City Manager. Vice Mayor Pillot stated that informal workshops produce improved rapport between the Commissioners. Mayor Cardamone stated that there is a consensus of the Commission to meet informally on Saturday, June 1, 1996, from 9 to 11 a.m. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS = ADMINISTRATION TO PROVIDE REPORT ON BOND ISSUE LIMITS (AGENDA ITEM (XI) #4 (0418) through (0869) CITY MANAGER SOLLENBERGER A. stated that Dr. Christ-Janer met with the Administration the previous week; that the Ringling School of Art and Design is proposing a $5 million expansion of housing facilities; that the school desires to refinance $3 million in debt; that a bond issuance may be offered for $8 million; that the City is asked to serve as the conduit for the tax-exempt, industrial-development-revenue style of bond financing; that the City will risk no responsibility or obligation except due diligence; that the school has approached the City rather than the County because the County's ordinance will require a lengthy amendment period; that the County's ordinance limits industrial-revenue-lond financing to schools and colleges exclusively for dormitory style facilities; that the Ringling School of Art and Design wishes to include $3 million for class space development in the refinancing; that the Ringling School of Art and Design is a major contributor to the City's economyi that the city's Financial Advisor, the Director of Finance and the City Attorney will meet to discuss the issue; that the bonds become tax-exempt which produces interest savings to the school by adding the City's name as issuer of the bonds; that the Administration recommends the Commission support the measure. Vice Mayor Pillot asked if the measure will place the City in any financial jeopardy? City Manager Sollenberger stated that the City would be free from financial obligation; that the payment is vested strictly with the borrower of the bonds; that the City is protected by the caveat that no backing is offered by the issuer. Vice Mayor Pillot asked if the City Manager supports the measure? City Manager Sollenberger stated that a similar situation existed in Minnesota; that a number of changes in the tax laws have occurred in the last 10 years; that the concept is highly supported; that City costs incurred will be covered by proceeds from the bond issue. Vice Mayor Pillot stated support for the recommendation. Commissioner Patterson asked if a dollar limit exists on the amount for any one project; and if an overall limit exists on the amount for industrial revenue bonds which can be floated by the City? City Manager Sollenberger stated that limits exist; that the actual amount of the limits is unknown; that the laws differed in the past; that tax reform has placed limitations on States, Counties and Municipalities. City Attorney Taylor stated that more information will be forthcoming after a meeting with the City's Financial advisor tomorrow. Commissioner Patterson asked if a restricted limit would prevent the City from granting other similar petitions? City Manager Sollenberger stated that the tightening of tax loopholes by Congress caused rationing of the bonds; that tax-exempt financing has been costly for the U.S. Treasury; that a report will be forthcoming to provide a detailed answer for the Commission. Commissioner Dupree stated that the Newtown Streetscape Project is relative to the Ringling School of Art and Design; that the Newtown Streetscape needs to be accomplished; that the Streetscape will contribute to the environment of the Ringling School of Art and Design; that a great deal has been accomplished by cleaning up crime and improving the appearance of Dr. Martin Luther King, Jr. BOOK 39 Page 13162 05/06/96 6:00 P.M. BOOK 39 Page 13163 05/06/96 6:00 P.M. Wayi that the planned work on the Newtown Streetscape must be implemented as quickly as possible. City Manager Sollenberger stated that a recommendation will be forthcoming during the Capital Improvements Plan (CIP) meeting scheduled for May 8, 1996. B. stated that the Sarasota County Board of Commissioners will reçeive a presentation regarding the Central Library on May 7, 1996, at 9:15 a.m. C. stated that an out-of-the-sunshine meeting will be held on May 7, 1996, at 3:00 p.m. CITY AUDITOR AND CLERK ROBINSON A. stated that the joint Commission workshop meeting with the Board of Adjustment and the Planning Board/Local Planning Agency (PBLP) on Wednesday, May 8, 1996, which is scheduled from 3 p.m. to 6 p.m. is followed by another joint workshop with the PBLP at 7:00 p.m. 22. ADJOURN (AGENDA ITEM XII) #4 (0870) There being no further business, Mayor Cardamone adjourned the regular meeting of May 6, 1996, at 11:10 p.m. h CCE MOLLIE C. CARDAMONE, MAYOR ATTEST: 3illy E Retensoi BILLY E.COBINSON, CITY AUDITOR AND CLERK