MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 4, 2001, AT 6:00 P.M. PRESENT: Mayor Albert F. Hogle, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary J. Quillin, City Manager David R. Sollenberger, Deputy City Auditor and Clerk Karen D. McGowan, and Attorney Sarah A. Schenk, City Attorney's Office ABSENT: Vice Mayor Carolyn J. Mason, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor PRESIDING: Mayor Hogle The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:01 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation Eollowed by the Pledge of Allegiance. 1. PRESENTATION RE: RECOGNIZING JESSE J. HUBBARD, JR. DESIGNATED AS A CERTIFIED PUBLIC MANAGER #1 (0030) through (0167) Mayor Hogle requested that Jesse Hubbard, Jr., Section Supervisor, Public Works, and William Hallisey, Director of Public Works, join him before the Commission; and requested that City Manager Sollenberger join him at the Commission table to make the presentation. City Manager Sollenberger stated that Mr. Hubbard is an outstanding employee. Mr. Hallisey stated that Mr. Hubbard has worked for the City for over 20 years and is an individual with high regard for his career and fellow employees; that Mr. Hubbard has worked hard to improve his educational background; that the State and the Florida Center for Public Management at Florida State University have conferred upon Mr. Hubbard the designation of Certified Public Manager (CPM) i that the CPM Program is a widely recognized, systematic approach to the training and development of government administrators; that the primary goal of the CPM Program is to improve the performance of public sector managers and the organizational performance of City, County, and State government; that the CPM Program consists of eight courses, each of which is a four-day seminar concerning a specific management BOOK 49 Page 21160 06/04/01 6:00 P.M. BOOK 49 Page 21161 06/04/01 6:00 P.M. topic such as organizational pertormance, systems focus, and contemporary issues in public management; that Mr. Hubbard began the CPM Program during December 1999 and was graduated at a ceremony in Tallahassee, Florida, on May 11, 2001; that only two City employees have achieved the designation of CPM; that the achievement is significant. Mr. Hubbard thanked his family for their support and recognized the following family members present in the audience: Jesse Hubbard Sr., father, Laura Hubbard, mother, Carletha Hubbard, wife, Sylvia Mays, sister, Lorie Hubbard, sister, Steven McKnight Jr., great-nephew Mayor Hogle thanked Mr. Hubbard for his hard work. 2. PRESENTATION RE: SPECIAL RECOGNITION AWARD 2000 PRESENTED TO THE SARASOTA OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT #1 (0167) through (0275) Mayor Hogle requested that Donald Hadsell, Director of Housing and Community Development, and Gladys Schneider, Technical Assistance Specialist, Florida Housing Coalition (FHC), join him before the Commission for the presentation. Ms. Schneider stated that the FHC is a Statewide non-profit organization which provides technical assistance to local governments and non-profit organizations; that the FHC recognizes outstanding local governments and has awarded the City's Office of Housing and Community Development an award of Special Recognition for outstanding achievement in creating community-based housing opportunities for Floridians with developmental and other disabilities; that other cities utilize the City's Program as a role model. Ms. Schneider read a letter from the FHC Director indicating that the FHC works in partnership with the Florida Developmental Disabilities Council to provide technical assistance and create demonstration projects to increase opportunities for the disabled to gain access to Florida's affordable housing programs; that the obstacles the disabled face when trying to find affordable housing in their communities is recognized; that extraordinary efforts must be made to discover the financial structure and support partners required to find affordable housing; that the process begins with a vision and a commitment from an organization such as the City's Office of Housing and Community Development has made to create successful, ongoing programs serving people with disabilities in the main-stream affordable housing market; that the special recognition award is for outstanding achievement in creating community-Dased housing opportunities for Floridians with developmental disabilities. Ms. Schneider continued that the award is pertinent as the State is now mandated to assist people in achieving affordable housing outside of institutions and in the community; that the City should be recognized for welcoming people with disabilities into the community; and read the award as follows: As presented to the Sarasota Office of Housing and Community Development, the Florida Housing Coalition bestows this award of special recognition for outstanding achievement in creating a community-based housing opportunities for Floridians with developmental and other disabilities. Ms. Schneider continued that the award was originally presented at the 13th Annual Affordable Housing Conference in November 2000; and presented the award. Mayor Hogle stated that the award is appreciated. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 01R-1378, RECOGNIZING THE PASSING OF JOAN DILLON AUXIER, LONG-TIME EMPLOYEE OF THE CITY, WHOSE CONTRIBUTIONS TO CITY GOVERNMENT ARE APPRECIATED, ETC. - ADOPTED #1 (0275) through (0410) Mayor Hogle requested that Edward Whitehead, Deputy Chief of Police, Sarasota Police Department (SPD), come before the Commission for the presentation and stated that Memorial Resolution No. 01R-1378, recognizes the May 20, 2001, passing of Joan Auxier, an outstanding citizen and employee of the City of Sarasota; that Ms. Auxier served as a dedicated employee for 33 years, serving as the SPD Budget Fiscal Analyst under Police Chiefs Francis Scott, Earl Parker, John Lewis, and Gordon "Skip" Jolly; and read Memorial Resolution No. 01R-1378 in its entirety. On the motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. 01R-1378. BOOK 49 Page 21162 06/04/01 6:00 P.M. BOOK 49 Page 21163 06/04/01 6:00 P.M. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Martin, yes; Palmer, yes; Quillin, yes. Deputy Chief Whitehead was presented with a copy of the memorial resolution appropriately framed on a plaque to be conveyed to Ms. Auxier's family. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0410) through (0448) Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Add Unfinished Business, Item No.VI-3, Approval Re: Request for funding for the New Pass Maintenance Dredging Project and the Lido Beach Renourishment Project, per the request of City Engineer/Director Daughters. B. Add Unfinished Business, Item No. VI-4, Report Re: Progress to date and the next steps in the Sarasota Housing Authority's HOPE VI grant application, per the request of Development Services Director Horwedel. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle stated that Vice Mayor Mason is not able to attend for medical reasons and is viewing the meeting from home. 5. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF MAY 3, 2001 APPROVED (AGENDA ITEM I) #1 (0448) through (0462) Mayor Hogle asked if the Commission had any changes to the minutes of the Special Commission meeting of May 3, 2001? Mayor Hogle stated that hearing no changes, the minutes of the May 3, 2001, Special Commission meeting are approved by unanimous consent. 6. BOARD ACTIONS RE: : REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MAY 2, 2001 = RECEIVED REPORT (AGENDA ITEM II) #1 (0462) through (0829) Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), and Jane Robinson, Director of Planning, came before the Commission. Mr. Lindsay presented the following items from the May 2, 2001, Regular PBLP meeting: A. Major Conditional Use Application No. 01-CU-09 Site Plan Application No. 01-SP-12 Re: Walgreen's Drugstore drive-through 3333 North Tamiami Trail Mr. Lindsay stated that approval of Major Conditional Use Application No. 01-CU-09 and Site Plan Application No. 01-SP-12 would allow construction of a drive-through at the Walgreen's Drugstore located at 3333 North Tamiami Trail; that at the May 2, 2001, Regular PBLP meeting, the PBLP unanimously found proposed Major Conditional Use Application No. 01-CU-09 and Site Plan Application No. 01-SP-12 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the Tree Protection Ordinance, and the standards for review set forth in the Zoning Code (1998), and recommend Commission approval subject to the following conditions: 1. All site plans and related development and construction plans shall be in compliance with the plans entitled "US 41 and Myrtle Walgreens" and received by the Planning Department on April 17, 2001.. 2. No pay telephones or vending machines shall be placed outside the building. 3. The applicants shall submit a design for a monument sign for the Indian Beach/Sapphire Shores Neighborhood for timely review and mutl ual approval by the Indian Beach/Sapphire Shores Association (IB/SSA) . 4. The building plans for constructing a new north wall at Hungry Howie's Restaurant shall include a window at least 25 square feet (sq. ft.) in area along a portion of the site frontage, provided permission is received from Hungry Howie's Restaurant. Plans for the window shall be reviewed BOOK 49 Page 21164 06/04/01 6:00 P.M. BOOK 49 Page 21165 06/04/01 6:00 P.M. and approved by the Planning Department prior to application for the required building permits. 5. The applicants shall submit an executed cross-access easement to guarantee access to and from the North Trail Shopping Center to the City Attorney's Office prior to issuance of a building permit.. 6. The applicants shall submit an executed deed of conveyance to the City Attorney's Office prior to the issuance of a building permit to dedicate a 5-foot-wide strip of property for the Myrtle Street right-of-way as depicted on Site Plan Application No. 01-SP-12.. 7. The applicants shall obtain approval of the Sarasota County Fire Marshall for the location of a fire hydrant prior to the issuance of a building permit.. Mr. Lindsay stated that the only ambiguity concerns the window which will be placed in the north wall of the adjacent Hungry Howie's Restaurant; that the window is an improvement from a visibility and aesthetics perspective; however, the Hungry Howie's Restaurant cannot be unilaterally required to construct the window; that the hope is the discussion will be resolved in the near future; that the window is not a binding condition of approval of the application. Mayor Hogle asked the PBLP's vote concerning the proposal? Mr. Lindsay stated that the PBLP voted unanimously 5 to 0 to support the proposal. City Manager Sollenberger stated that the Commission may set the item for public hearing or may affirm the recommendations of the PBLP without an additional public hearing by adopting proposed Resolution No. 01R-1370 under Consent Agenda No. 2. B. Major Conditional Use Application No. 01-CU-12 Site Plan Application No. 01-SP-17 Re: Sarasota Yacht Club pier expansion 1100 Ringling Boulevard Mr. Lindsay stated that approval of Major Conditional Use Application No. 01-CU-12 and Site Plan Application No. 01-SP-17 would allow operation of a yacht club in the Single-Family Residential-1 (RSF-1) Zone District and expansion of the existing piers at the Sarasota Yacht Club located 1100 Ringling Boulevard; that: construction shall be conducted in conformity with Site Plan Application No. 01-SP-17; that at the May 2, 2001, Regular PBLP meeting, the PBLP voted unanimously to find Major Conditional Use Application No. 01-CU-12 and Site Plan Application No. 01-SP-17 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the Tree Protection Ordinance, and recommend Commission approval subject to the following conditions: 1. All site plans and related development and construction plans shall be in compliance with the plans entitled "Sarasota Yacht Club" received by the Planning Department on April 17, 2001.. 2. The applicant shall submit to the Director of Building, Zoning, and Code Enforcement prior to the issuance of any building permit for the docks evidence of any and all approvals necessary for the construction of the requested docks. The approvals shall include but shall not be limited to authorization from the State of Florida for construction over sovereignty submerged lands, any and all applicable permits from the United States Army Corps of Engineers, and the State of Florida Department of Environmental Protection. 3. The Director of Building, Zoning, and Code Enforcement shall confirm that no further variances are required for the requested docks prior to Commission action. Mr. Lindsay continued that a memorandum was received from Timothy Litchet, Director of Building, Zoning and Code Enforcement, indicating the necessity of further variances would be investigated prior to the report to the Commission; that the determination is the variances granted are sufficient; that docks are site-specific; that the current regulations concerning docks are very simple; that the County has expertise concerning docks which could possibly be utilized by the City; however, the City would lose control of the construction of docks in the City if total responsibility were turned over to the County; that the applications were approved unanimously by the PBLP and should move forward. Commissioner Quillin stated that the issue of docks was raised years ago; that no definition of a yacht club is provided in the Zoning Code (1998); that some rezoning has occurred which allows BOOK 49 Page 21166 06/04/01 6:00 P.M. BOOK 49 Page 21167 06/04/01 6:00 P.M. yacht clubs; and asked if a definition of yacht clubs is necessary? Mr. Lindsay stated that a significant amount of work should be done concerning access to and interface on the waterfront; that the City only has two yacht clubs; that complicating the existing ordinance for two yacht clubs is not desired; that the focus should be on controlling docks; that the only language covered by the City's dock regulations is the amount of the canal or waterway which can be obstructed by a dock. Commissioner Quillin stated that a definition of docks does not exist; that a definition of docks and yacht clubs should be developed. Mr. Lindsay stated that the Board of Adjustment (BOA) requested the PBLP review Section VII-1302, Docks, Zoning Code (1998), several years ago; that the PBLP spent a significant amount of time reviewing the regulations concerning docks, which are site specific due to references to sea walls and navigation areas which may be obstructed by a dock; that waterways are not similar to streets but rather irregularly shaped shorelines; that the decision was made to refer approval of docks to the BOA which is the only method for dealing with site-specific approvals; that the Zoning Code (1998) does not allow the PBLP enough latitude to make such decisions. Commissioner Quillin stated that a problem will arise if a hurricane hits the City; that the provisions concerning docks are archaic; that definitions should be established; that each dock built in the Çity is controversial, that some guidelines for docks should be established. Mr. . Lindsay stated that docks are a complex topic due to the irregular shapes of waterways. Commissioner Quillin stated that the County is addressing docks; that the City does not even have definitions established. Commissioner Palmer stated that a memorandum dated May 23, 2001, from Timothy Litchet to the City Manager included in the Commission Information Memorandum in the Agenda backup material suggests a consultant be hired concerning docks; that the issue of docks should be discussed further under Commission Remarks. City Manager Sollenberger stated that the Commission can set the Sarasota Yacht Club pier extension for public hearing or affirm the recommendations of the PBLP without public hearing by adopting proposed Resolution No. 01R-1371 under Consent Agenda No. 2. Commissioner Quillin stated that numerous concerns regarding the corner near the proposed Walgreen's Drugstore have been heard from citizens; that the propane tanks, which have been the subject of complaints for two years, are now gone, which is appreciated. Mr. Lindsay stated that the project is a Walgreen's Drugstore, the design of which is the same everywhere; that no surprises are presented. Commissioner Quillin stated that the traffic in the area is a problem; that much was learned during the approval process of the Walgreen's Drugstore on Bahia Vista Street, which caused significant problems; that the problems are not specific to Walgreen's Drugstores but rather the large retailers. Mayor Hogle stated that hearing the consensus of the Commission, the items concerning the Walgreen's Drugstore and the Sarasota Yacht Club pier extension will be discussed under Consent Agenda No. 2. City Manager Sollenberger stated that the Administration recommends receiving the board report of the May 2, 2001, Regular PBLP meeting. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to receive the board report of the May 2, 2001, Regular PBLP meeting. Motion carried unanimously (4 to 0): Martin, yes; Palmer, yesi Quillin, yes; Hogle, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, AND 5 APPROVED (AGENDA ITEM III-1) #1 (0829) through (0855) 1. Approval Re: Authorize Administration to negotiate a contract with the first ranked firm, Baskerville-Donovan, Ine./Tindale-oliver & Associates, (RFP #01-31M) to provide a preliminary design report, final engineering désign, and necessary right-of-way services for the 17th Street Extension Project BOOK 49 Page 21168 06/04/01 6:00 P.M. BOOK 49. Page 21169 06/04/01 6:00 P.M. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Art Purchase Agreement between the City of Sarasota and Martin Rappaport, d/b/a Blue Ribbon Enterprises, St. Armands representative 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement for water service for The Salvation Army, as owner of the property located at 2826 Hawthorne Street 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the subject Municipal Services and Pre-Annexation Agreement for water and sewer service for Richard and Judy Osney, as owners of the property located at 3901 Red Rock Way 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Seventh Amendment to the existing Architectural/Engineering Agreement between Gary B. Hoyt, AIA, P.A., for the Municipal Auditorium Phase VII Project On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 5, inclusive. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Hogle, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1370) ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1371) - ADOPTED; ITEM 3 (RESOLUTION NO. 01R-1373) ADOPTED; ITEM 4 (RESOLUTION NO. 01R-1376) - ADOPTED (AGENDA ITEM III-B) #1 (0855) through (1437) Commissioner Quillin requested that Item No. 1 be removed for discussion. 2. Adoption Re: Proposed Resolution No. 01R-1371, to approve. Major Conditional Use Application No. 01-CU-12 and Site Plan Application No. 01-SP-17 to allow the expansion of three (3) existing docks at the Sarasota Yacht Club, said docks abutting property zoned Single-Family Residential-1 (RSF-1); said major conditional use is proposed to be located within the waters of Sarasota Bay adjacent to the Sarasota Yacht Club at 1100 John Ringling Boulevard so as to allow the addition of eight (8) new slips to each of the existing three (3) docks for a total of twenty-four (24) new slips; said major conditional use is required to be constructed in accordance with Site Plan Application No. 01-SP-17; setting forth terms and conditions of this conditional use; etc. (Title Only) (Applicant Joel J. Freedman, AICP, of Freedman Consulting Group, as agent for the Sarasota Yacht Club, a Florida non-for-profit corporation, as owner) 3. Adoption Re: Proposed Resolution No. 01R-1373, authorizing an interlocal agreement with Sarasota County forming a consortium pursuant to the National Affordable Housing Act of 1990; repealing Resolution No. 98R-1086; setting forth findings; approving the interlocal agreement; authorizing its execution by the Mayor; etc. (Title Only) 4. Adoption Re: Proposed Resolution No. 01R-1376, adopting a revised schedule to process administrative City initiated amendments to the Comprehensive Plan [a/k/a Sarasota City Plan (1998)] based on the adoption of an updated and restated Community Redevelopment Plan; said Comprehensive Plan amendments having been previously authorized and initiated by the adoption of Resolution 01R-1358; etc. (Title Only) Deputy City Auditor and Clerk McGowan read proposed Resolution Nos. 01R-1371, 01R-1373, and 01R-1376 by title only. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution Nos. 01R-1371, 01R-1373, and 01R-1376. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): : Martin, yes; Palmer, yes, Quillin, yes; Hogle, yes. 1. Adoption Re: Proposed Resolution No. 01R-1370, approving Major Conditional Use Application No. 01-CU-09 to allow a drive through facility as part of and accessory to a new retail drug store on property located at the southwest corner of the North Tamiami Trail and Myrtle Street; said major conditional use is required to be constructed and located in accordance with Site Plan Application No 01-SP-12. (Applicant Avid Engineering, Inc., as agent for Baycorp Development, Inc., the contract vendee) BOOK 49 Page 21170 06/04/01 6:00 P.M. BOOK 49 Page 21171 06/04/01 6:00 P.M. Commissioner Quillin stated that the Planning Board/Local Planning Agency (PBLP) indicated the hope is the Applicant will partner with the Indian Beach/Sapphire Shores Association (IB/SSA) to construct a neighborhood sign; that the proposal to construct a window in the Hungry Howie's Restaurant should be clarified; that the contribution of $3,500 to the City for the future construction of bicycle lanes on Myrtle Avenue also requires discussion; that the City had funds designated for bicycle lanes in the area years ago. Harvey Hoglund, Senior Planner II, Planning Department, came before the Commission and stated that the identification sign for the IB/SSA was an offer made by the Applicant; that the Applicant is sincere; that the discussion at the PBLP concerned the desire to have the IB/SSA review the design of the sign prior to proceeding; that the condition was tailored to allow community review while still allowing the project to move forward. Mr. Hoglund continued that the tire store at the north end of the North Trail Shopping Center will be demolished; that a new wall will be constructed at the north end of the shopping center; that a window should be incorporated to allow surveillance to the north at the rear of the Walgreen's Drugstore; that the blind side of the project is the area between the wall and the building; that the developer has been willing to construct a window; however, the agreement of the owner of the shopping center and the business which will operate in the building is essential; that the appearance of the window is not yet determined; that the window will be 10 to 12 feet wide. Mr. Hoglund further stated that the $3,500 contribution for a bicycle lane on Myrtle Street is similar to the contribution received at the time Eckerd's Drugstore was built; that the establishment of a project to utilize the funding is unknown. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and referred to a letter dated February 16, 2001, from the Engineering Department to the Applicant's Engineer indicating the Applicant should pay a proportionate share of the $3,500 cost for the design and implementation of the proposed bicycle lane. along Myrtle Street, which is a connector between the north/south bicycle lane along Bradenton Road and the Euture multi-use recreational trail (MURT) along Bayshore Road; and stated that the proposed bicycle lane along Myrtle Street will connect neighborhoods on both sides of North Tamiami Trail to the proposed Walgreen's Drugstore and serve as an alternate mode of transportation, consistent with Action Strategy 2.1, Transportation Plan, City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) as follows: 2.1 Transportation Systems Management : The City shall use appropriate Transportation Systems Management (TSM) strategies to improve system efficiency and enhance safety. These include, but are not limited to: Access management; congestion management;, parking policies which discourage driving alone; site development; designs which foster transit usage and pedestrian accessibility; employer-sponsored programs to encourage carpooling, vanpooling, bicycling, and transit usage; installation of on-road bicycle lanes and bicycle parking and storage facilities; intersection re-designs; signal inter-connects; bicycle lanes; and bus pull-in/Pull-out areas, where deemed safe and necessary to retain highway level-of-service. Commissioner Palmer stated that the window proposed for the Walgreen's Drugstore is a concern; that the site plan has been approved by the PBLP; that the major conditional use is being reviewed; that the concern is for public safety; that originally the Crime Prevention Through Environmental Design (CPTED) principles were a requirement of the North Trail (NT) Zone District; however, the requirement concerning CPTED principles was eliminated upon the adoption of the Zoning Code (1998); that Walgreen's Drugstore indicated the building cannot be designed to allow for lower windows; that hundreds of Walgreen's Drugstores exist around the nation and have a specific style window for internal security and merchandising purposes; that the Applicant indicated the request to lower the windows makes the project infeasible; that the City is not a typical city; that public safety standards which should be implemented are no longer incorporated in the requirements of the NT Zone District; that the hope is the requirement to follow CPTED principles will be adopted as part of the second phase of the Land Development Regulations (LDRS); that the Sarasota Police Department (SPD), the Commission, and the PBLP are concerned with public safetyi that buildings in the City should not be required to conform to other buildings in the country. BOOK 49 Page 21172 06/04/01 6:00 P.M. BOOK 49 Page 21173 06/04/01 6:00 P.M. Commissioner Martin stated that the City should address the uniformity of buildings; that the CPTED regulations are important for the safety of the public. Commissioner Palmer stated that the County changed regulations sO straight, blank walls are no longer allowed along Fruitville Road; that appropriate standards for the City should be determined. Commissioner Quillin stated that other communities have required businesses change building designs; that Publix Super Markets, Inc. has changed building designs to meet the standards of communities; that building designs can be legislated; that an increasing number of cities insist buildings conform to community standards. Mayor Hogle stated that the Commission will study the City's Comprehensive Plan amendments for the Downtown area at the June 12, 2001, Joint Workshop of the Commission and PBLP. Commissioner Palmer stated that building design uniformity belongs in the LDRs; that Staff should review the issues. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 01R-1370 by title only. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. 01R-1370. Mayor Hoglé requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Palmer, yes, Quillin, yes; Hogle, yes; Martin, yes. Mayor Hogle requested that Attorney Schenk explain the quasi-judicial public hearing process. Attorney Schenk stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have five, minutes to speak; that speakers will be timed and will be advised when one minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 9. NON QUASI - JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4301, AMENDING CHAPTER 33, ARTICLE X, TOWING OF VEHICLES, SECTION 33-283 OF THE SARASOTA CITY CODE TO PROVIDE FOR A DEFINITION OF IMMOBILIZATION) TO AMEND SECTIONS 33-284 AND 33-285 TO PROHIBIT THE IMMOBILIZATION OF A VEHICLE EXCEPT WHEN INCIDENT TO IMMINENT TOWING OF A VEHICLE FROM PRIVATE PROPERTY AND TO PROVIDE EXEMPTIONS; TO AMEND SECTION 33-287 PERTAINING TO MAXIMUM FEES sO AS TO INCLUDE A FEE FOR IMMOBILIZATION UNDER CERTAIN CIRCUMSTANCES REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (1437) through (1892) Gordon Jolly, Chief of Police, Sarasota Police Department (SPD), came before the Commission and stated that industry representatives recently indicated a common practice in other South Florida cities is for towing companies to "boot" vehicles illegally parked on private property and charge the vehicle's owner an excessive amount to have the boot removed; that Chapter 33, Article X, Towing of Vehicles, Sarasota City Code (City Code), does not currently regulate "booting" or other immobilizations of illegally-parked vehicles on private property; that proposed Ordinance No. 01-4301 will prevent towing companies from charging excessive fees after booting or otherwise immobilizing llegally-parked vehicles on private property by amending Section 33-289, Establishment of Rates, City Code, as follows: (d) Prior to commencement of a tow, if a vehicle is immobilized incident to the imminent towing of the vehicle or if a wrecker is hooked up to a vehicle when the owner arrives, a fee not to exceed twenty-five dollars ($25.00) may be BOOK 49 Page 21174 06/04/01 6:00 P.M. BOOK 49 Page 21175 06/04/01 6:00 P.M. charged. For the purpose of this section, a tow commences when a vehicle has been removed from the tow site and is en route to a storage site. Chief Jolly continued that proposed Ordinance No. 01-4301 further adds the following definition of immobilization" to Section 33-283, Definitions, City Code: Immobilization. The placing of a "boot' # or other device which causes a vehicle to be immobile or otherwise disables a vehicle from operation. Mayor Hogle opened the public hearing. There was no one signed up to speak and Mayor Hogle closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 01-4301 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4301 on first reading. Commissioner Quillin stated that the language of proposed Section 33-289, Establishment of Rates, City Code, charged is complicated; and asked the cost to have a boot removed from a vehicle? Mark Singer, Attorney, City Attorney's . Office, came before the Commission and stated that the language serves to provide notification of the towing industry's process; that wheels are sometimes immobilized with a boot prior to towing; that a boot is removed for the same administrative fee as releasing the vehicle from the wrecker if the owner arrives prior to the tow. Commissioner Quillin stated that additional clarification is necessary; and asked if the fee is not to exceed $25? Attorney Singer stated that the fee can be less than $25 if the towing company chooses to charge less. Commissioner Quillin stated that booting typically immobilizes vehicles on the street; that boots have not been seen in preparation of hooking a vehicle to a wrecker. Attorney Singer stated that booting is occurring in other jurisdictions; that the City should not prohibit the booting of vehicles; that booting can be practical. Commissioner Quillin stated that a lesser fee is charged if the owner of the vehicle arrives as the vehicle is hooked to a wrecker; and asked if two fees are charged if a boot is on the vehicle and the vehicle is hooked to the wrecker as the owner arrives? Chief Jolly stated that many times vehicles are parked in a position which wreckers cannot easily reach; that a device which effectively immobilizes the vehicle prior to the tow of the vehicle can be placed under the vehicle to move the vehicle; that the measure is preparatory; that the immobilization is a portion of the vehicle towing process; that the towing company can charge a $25 fee if the owner arrives during the process. Commissioner Quillin asked if SPD places boots on vehicles? Chief Jolly stated yes; that wreckers are not using boots but rather devices to immobilize vehicles prior to towing. Commissioner Quillin stated that boots cover tires. Chief Jolly stated that the language concerns immobilization. On motion of Commissioner Quillin and second Commissioner Martin, it was moved to pass proposed Ordinance No. 01-4301 on first reading. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Hogle, yesi Martin, yes; Palmer, yes. 10. NON QUASI -1 JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4306, AMENDING CHAPTER 19 OF THE SARASOTA CITY CODE, LICENSES, BY PROVIDING FOR EXEMPTIONS; BY ADJUSTING THE OCCUPATIONAL LICENSE FEE FOR ENGAGING OR MANAGING BUSINESSES, PROFESSIONS OR OCCUPATIONS WITHIN THE CITY; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; PROVIDING FOR REPEALING OF ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #1 (1892) through (1990) Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed BOOK 49 Page 21176 06/04/01 6:00 P.M. BOOK 49 Page 21177 06/04/01 6:00 P.M. Ordinance No. 01-4306 provides for a five percent increase in occupational license fees for all license categories; that in 1993, the Florida Legislature passed the Dudley Bill, which allowed municipalities to implement an initial increase in occupational license fees of up to ten percent; that following the 1993 increase, the State Statutes also allowed municipalities to consider an increase of up to five percent for occupation license fees every two years; that in 1995, the Commission adopted Ordinance No. 95-3894, which established a new occupational license fee schedule as allowed by the State Statutes; that in 1997 and 1999, the Commission also approved an increase in occupational license fees; that the Commission must adopt a revised occupational license ordinance if a five percent fee increase is desired; that a five percent increase would raise occupation license revenues by approximately $25,550. Mayor Hogle opened the public hearing. There was no one signed up to speak and Mayor Hogle closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 01-4306 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4306 on first reading. On motion of Commissioner Martin and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4306 on first reading. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Martin, yesi Palmer, yes; Quillin, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4312, TO AMEND ORDINANCE NO. 00-4216 REGARDING THE VACATION OF THAT CERTAIN APPROXIMATELY NORTHERN 147.50 FEET OF THE 40 FOOT WIDE LASULA COURT (PLATTED AS LASULA STREET) RIGHT-OF-WAY AS BORDERED ON THE NORTH BY THE SOUTHERN RIGHT OF-WAY LINE OF PROSPECT STREET AND COMMENCING SOUTH THERE FROM FOR APPROXIMATELY 147.50 FEET AS IS MORE PARTICULARLY DESCRIBED HEREIN; SAID AMENDMENT CONSISTING OF SUBSTITUTING REFERENCE TO SITE PLAN APPLICATION NO. 01-SP-18 IN LIEU OF SITE PLAN APPLICATION NO. 00-SP-08 DEPICTING A MEDICAL OFFICE BUILDING PROPOSED TO BE CONSTRUCTED BY THE OWNER OF CONTIGUOUS PROPERTY; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NOS. 00-SP-02, 01-SP-18 AND 00-SP-08, APPLICANT JOEL J. FREEDMAN, AICP, OF FREEDMAN CONSULTING GROUP, AS AGENT FOR THE EAR RESEARCH FOUNDATION, INC., A FLORIDA NOT - FOR-PROFIT CORPORATION, AS OWNER) PASSED ON FIRST READING (AGENDA ITEM IV-A-3) AND QUASI-JUDICTAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4309, TO AMEND ORDINANCE NO 00-4219 BY THE SUBSTITUTION OF SITE PLAN NO. 01-SP-18 FOR PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN NO. 00-SP-08 TO ALLOW A MEDICAL OFFICE BUILDING, TO BE KNOWN AS THE SILVERSTEIN INSTITUTE IN THE OPB ZONE DISTRICT ON PROPERTY LOCATED AT 1901 AND 1921 FLOYD STREET, 1906, 1918, 1926, 1934 AND 1942 PROSPECT STREET; THE MODIFICATIONS DEPICTED IN SITE PLAN NO. 01-SP-18 INCLUDE INCREASING THE SQUARE FOOTAGE OF THE PROPOSED MEDICAL OFFICE BUILDING, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN NO. 01-SP-18; PROVIDING FOR CONDITIONS; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NOS. 01-ROA-03, 01-SP-18 AND 00-SP-08, APPLICANT JOEL J. FREEDMAN, AICP, OF FREEDMAN CONSULTING GROUP, AS AGENT FOR THE EAR RESEARCH FOUNDATION, INC., AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (1990) through (3304) Mayor Hogle stated that proposed Ordinance No. 01-4309 is to amend Ordinance No. 00-4219 by the substitution of Site Plan Application No. 01-SP-18 for previously approved Site Plan Application No. 00-SP-08 to allow construction of a medical office building known as the Silverstein Institute in the Office, Professional and Business (OPB) Zone District on property located 1901 and 1921 Floyd Street, and 1906, 1918, 1926, 1934, and 1942 Prospect Street; that the Applicant is Joel Freedman, AICP, Freedman Consulting Group, Inc., as agent for the Ear Research Foundation, Inc., as owner; that the remaining conditions of Ordinance No. 00-4216 will remain in full force and effect. Attorney Schenk stated that the public hearing for proposed Ordinance No. 01-4312 can be held simultaneously with the quasi-judicial public hearing for proposed Ordinance No. 01-4309; that proposed Ordinance No. 01-4312 amends BOOK 49 Page 21178 06/04/01 6:00 P.M. BOOK 49 Page 21179 06/04/01 6:00 P.M. previously adopted Ordinance No. 00-4216 regarding the vacation of a portion of LaSula Court by substituting a reference to Site Plan Application No. 01-SP-18 for previously approved Site Plan No. 00-SP-08 concerning a proposed medical office building named "the Silverstein Institute" in the Office, Professional and Business (OPB) Zone District on property located immediately east of the vacated portion of public right-of-way; that one request for Affected Persons status was received from Ernest Babb as the owner of resident property within 500 feet of the site; that Mr. Babb also requested Affected Persons status for the street vacation ordinance amendment; that the street vacation is legislative and does not have a procedure for Affected Persons; and asked if the Commission certifies Mr. Babb as an Affected Person for proposed Ordinance No. 01-4309? Mayor Hogle stated that hearing the consensus of the Commission, Ernest Babb is certified as an Affected Person for proposed Ordinance No. 01-4309. Attorney Schenk stated that the recommendation is to allow ten minutes for the Applicant's presentation and five minutes for rebuttal; that the City will have ten minutes for presentation and five minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have five minutes to speak and five minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have three minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Hogle stated that hearing the consensus of the Commission, the time limits are approved. Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Mayor Hogle and Commissioners Martin and Quillin stated that no ex parte communications have occurred. Commissioner Palmer stated that a seat was held on the Planning Board/Local Planning Agency (PBLP) at the time the project was presented prior to election to the Commission; that the site has been visited; that discussions were held with the Applicants. Mayor Hogle opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, Inc., as agent for the Ear Research Foundation, Inc., as owner, and Doug Waters, Tichenor Group, Project Architect, came before the Commission. Mr. Freedman referred to the proposed site plan map displayed on the overhead projector and included in the Agenda backup material and stated that proposed Ordinance No. 01-4312 would amends previously adopted Ordinance No. 00-4216 regarding the vacation of a portion of LaSula Court by substituting a reference to Site Plan Application No. 01-SP-18 for previously approved Site Plan No. 00-SP-08 for a proposed medical office building named "the Silverstein Institute" in the Office, Professional and Business (OPB) Zone District on property located immediately east of the vacated portion of public right of wayi that at the February 5, 2001, Regular Commission meeting, the Commission adopted Ordinance No. 00-4216 to vacate the northern 147.5 feet of LaSula Court bordered on the south by Prospect Street as requested by the Ear Research Foundation, Inc., the owner of the contiguous property; that subsequent to the adoption of proposed Ordinance No. 00-4216, the Ear Research Foundation, Inc., filed Site Plan Application No. 01-SP-18, which if approved would require further amendment to Condition 2 (H) of Ordinance No. 00-4216 to require as a condition precedent to the effective date of the street vacation the issuance of a building permit for the Silverstein Institute as follows: H. A condition precedent to the effective date of the vacation of public rights-ot-way described in Exhibit "A" shall be the issuance by the City of Sarasota, Florida, of a building permit for the Silverstein Institute as depicted on Site Plan Application No. 01-SP-18 as approved by the City Commission by the adoption of proposed Ordinance No. 01-4309 to be constructed on real property located on the east side of the real property described in Exhibit "A".. Mr. Freedman further stated that Rezone Ordinance Amendment Application No. 01-ROA-03 is for approval to amend previously approved Rezone Ordinance No. 00-4216 by substituting Site Plan Application No. 01-SP-18 for previously approved Site Plan No. 00-SP-08 to allow the expansion of the proposed office building by approximately 8,472 square feet (sq. ft.) to a total BOOK 49 Page 21180 06/04/01 6:00 P.M. BOOK 49 Page 21181 06/04/01 6:00 P.M. of 29,797 sq. ft. in gross floor area as a result of new parking regulations; that Site Plan Application No. 01-SP-18 is proffered as part of Rezone Ordinance Amendment Application No. 01-ROA-03; that the proposed increase in gross floor area will not change the access to or circulation for the site; that a drop-off for patients is now being provided and will enhance the function of the building; that only 87 parking spaces will be constructed instead of 127 as previous planned; that internal circulation will be improved through a new drive-isle configuration; that signage at the intersection of US 41 and Floyd Street will be installed by the Applicant to restrict left turns during peak hours; that the existing vaulted stormwater attenuation will be eliminated and replaced with a surface retention pond; that proposed Ordinance No. 01-4312 was considered previously to amend Street Vacation Ordinance No. 00-4216 concerning a portion of LaSula Court; that all previous commitments and stipulations concerning the vacated portion of LaSula Court and the landscape buffer along Prospect Street are restipulated; that the required neighborhood meeting was held on March 9, 2001, at the Ear Research Foundation's conference room; that the required traffic study was conducted by Tindale-Oliver and Associates, Inc. (TOA), is included in the Agenda backup material, and indicates a total of 81 new vehicle trips will be generated during the p.m. peak hour; that the traffic study also indicated the overall impact was minimal, no mitigation measures were required, and the proposed Silverstein Institute meets the City's transportation concurrency requirements; that more trees will be saved; that all the requirements of the OPB Zone District are met. Mr. Waters referred to the site plan map and stated that the elevation is a view of the building looking from the north to the south; that the second and third floors of the building are being expanded; that the building is contemporary; that staggered balconies are on the north side. Commissioner Martin asked if the existing stormwater retention is under the parking area? Mr. Waters stated that is correct. Commissioner Martin asked if the area includes enhanced landscaping? Mr. Freedman indicated the retention area on the site plan map and stated that the retention area is the area in which trees will be saved and is a buffer of 15 to 20 feet from property lines; that the retention area is shallow. Commissioner Martin stated that the landscape on Prospect Street was preexisting. Mr. Freedman stated that is correct. Commissioner Quillin asked if the vacation of LaSula Court was requested due to parking? Mr. Freedman stated that the vacation of LaSula Court is requested to protect Prospect Street from traffic leaving Sarasota Memorial Hospital; that the street vacation provides for two-way circulation; that the layout is more efficient; that the criteria for street vacations does not include providing additional parking; that the street vacation must be in the public's best interest. Mayor Hogle requested that Staff come forward for the City's presentation. Mark Hess, Chief Planner, Planning Department, came before the Commission and stated that the Applicant has presented a complete description of the project; that a condition exists in the rezone ordinance amendment which sets a .35 floor-to-area ratio (FAR) for the rezoned property for consistency with the Neighborhood Office Land Use Classification; that at the May 2, 2001, Regular Planning Board/Local Planning Agency (PBLP) meeting, the PBLP held a public hearing and voted unanimously to find Rezone Ordinance Amendment Application No. 01-ROA-03 and Site Plan Application No. 01-SP-18 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the standards for review set forth in the Zoning Code (1998) and to recommend Commission approved subject to the following conditions: 1. - Ordinance No. 00-4129 shall remain in full force and effect. 2. The applicant shall install signage at the intersection of US 41 and Floyd Street requiring right turns only during peak times. Commissioner Quillin asked if enhancements to the adjoining property are planned? BOOK 49 Page 21182 06/04/01 6:00 P.M. BOOK 49 Page 21183 06/04/01 6:00 P.M. Mr. Hess stated that the property to the west at the southwest corner of Prospect Street and LaSula Court is a single-family residence; that the ownership of the property to the east on Floyd Street is unknown; that an interconnection exists between the two parking areas. Commissioner Quillin stated that the internal traffic circulation will be created by providing another entrance on Floyd Street into the property. Deputy City Auditor and Clerk McGowan stated that no Affected Persons or interested persons have signed up to speak. Mayor Hogle requested that the Applicant and the City come forward for rebuttal. Mr. Freedman referred to the site plan map and indicated the interconnection between the two parking areas; and stated that the parking of the existing office building will be reconstructed. Commissioner Quillin stated that the vacation of LaSula Court is unnecessary and can remain as an internal circulation street. Mr. Freedman stated that a commitment was made to neighborhood residents; that closing LaSula Court is beneficial to Prospect Street. Mayor Hogle requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 01-4312 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4312 on first reading if the Commission passes proposed Ordinance No. 01-4309 on first reading. Attorney Schenk stated that the site plan is key; therefore, a vote should be taken on Rezone Ordinance Amendment Application No. 01-ROA-03 as incorporated in proposed Ordinance No. 01-4309 first. Commissioner Quillin stated that the Applicant could return with a modified site plan without a street vacation. Deputy City Auditor and Clerk McGowan read proposed Ordinance Nos. 01-4309 by title only. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 01-4309 on first reading. Commissioner Martin stated that no significant changes have been made; that the increase of square footage will make the building more functional; that the parking is of concern; however, the parking will sufficiently provide for the use of the building; that the landscape is improved; that the project is supported. Commissioner Quillin stated that the elevation is supported; that the vacation of the street should not be approved; that the internal circulation in the neighborhood will be negatively impacted by the project; that the redesign of the project is pleasing; that the street vacation should be denied. Commissioner Palmer stated that the situation is difficult; that the street vacation was voted against as a member of the PBLP; that the street vacation is still disagreeable; however, the PBLP voted 3 to 2 to approve the street vacation; that the street vacation was approved by the Commission; that the proposed ordinance is an amendment to substitute a site plan relating to the street vacation; that a dissenting vote will not alter the street vacation but rather require the Applicant to change plans; that the proposed project is an improvement; that the street vacation is not supported but has already been approved; that the project should be moved forward. Mayor Hogle stated that the project is supported. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote to pass proposed Ordinance No. 01-4309 on first reading. Motion carried (3 to 1): Martin, yes; Palmer, yes; Quillin, no; Hogle, yes. On motion of Commissioner Martin and second of Commissioner Palmer, it was moved to pass proposed Ordinance No. 01-4312 on first reading. Commissioner Martin stated that the vacation of streets in the City is generally not supported; that the grid system serves BOOK 49 Page 21184 06/04/01 6:00 P.M. BOOK 49. Page 21185 06/04/01 6:00 P.M. transportation requirements in the City; that vacating streets in the City will become more difficult in the future. Commissioner Quillin stated that the inability to renegotiate the street vacation is disagreeable; that the decision for a street vacation was difficult for the Commission; that the street vacation will create a terrible situation; that LaSula Court is necessary for the internal circulation of the neighborhood. Mayor Hogle stated that the motion is supported and in the best interest of the community. Commissioner Palmer stated that attempting to overturn the previous decision of the Commission to vacate the street could cause legal problems; that the project should be moved forward. Mayor Hogle restated and called for a vote on the motion to pass proposed Ordinance No. 01-4312 on first reading. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried (3 to 1): Palmer, yes; Quillin, no; Hogle, yes; Martin, yes. 12. QUASI-JUDICIAL PUBLIC HEARING RE: : PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4310, TO REZONE A TOTAL OF t 0.4 ACRES FROM THE SINGLE-FAMILY RESIDENTIAL-3 (RSF-3) AND OFFICE PARK (OP) ZONE DISTRICTS TO THE OFFICE PROFESSIONAL BUSINESS (OPB) ZONE DISTRICT REAL PROPERTY LOCATED AT 2553 AND 2577 FRUITVILLE ROAD, BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF SUNTAN AVENUE AND FRUITVILLE ROAD AND THE NORTHEAST CORNER OF SUNWAY AVENUE AND FRUITVILLE ROAD - AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 01-SP-16 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 01-RE-07 AND 01-SP-16, APPLICANT JOEL J. FREEDMAN, AICP, OF FREEDMAN CONSULTING GROUP, AS AGENT FOR JAMES E. WALLACE, AS TRUSTEE, AND JAMES D. WALLACE, BOTH AS OWNERS) PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #1 (3304) through 2 (0230) Attorney Schenk stated that Rezone Application No. 01-RE-07 as incorporated in proposed Ordinance No. 01-4310 is to rezone a total of 0.4 acres from the Single-Family Residential-3 (RSF-3) and Office Park (OP) to the Office, Professional and Business (OPB) Zone District on the real property located at 2553 and 2577 Fruitville Road; that the Applicant is Joel Freedman, AICP, Freedman Consulting Group, Inc., agent for James E. Wallace, as Trustee, and James D. Wallace, both as owners; that the Applicant has proffered Site Plan Application No. 01-SP-16 as a condition of approval; that no one has filed for Affected Person status. Attorney Schenk continued that the recommendation is to allow ten minutes for the Applicant's presentation and five minutes for rebuttal; that the City will have ten minutes for presentation and five minutes for rebuttal; that other interested persons will have three minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Hogle stated that hearing the consensus of the Commission, the time limits are approved. Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Mayor Hogle and Commissioners Martin, Palmer, and Quillin stated that no ex parte communications have occurred. Mayor Hogle opened the public hearing and requested that the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, Inc., agent for Karen Blondin, contract purchaser, James E. Wallace, as Trustee, and James D. Wallace, both as owners came before the Commission and stated that Rezone Application No. 01-RE-07 requests approval of a rezoning from the RSF-3 and OP Zone Districts to the OPB Zone District; that the applicant has proffered Site Plan Application No. 01-SP-16 for the proposed office building and an additional condition concerning the construction of a sidewalk near the property; that variances were required to construct the project and were approved by the Board of Adjustment (BOA) at the February 28, 2001, BOA meeting; that the property is designated as in the Community Office Institutional (COI) Land Use Classification by the Future Land Use Map; that the OPB Zone District is consistent with the COI Land Use Classification; that the requested improvements will primarily consist of new paint and stucco and the construction of a new entrance to the building; that the required neighborhood meeting was held; that neighborhood residents voiced concern for a potential increase in neighborhood traific; that a "no left BOOK 49 Page 21186 06/04/01 6:00 P.M. BOOK 49 Page 21187 06/04/01 6:00 P.M. turn' " sign will be installed on Suntan Avenue to alleviate the residents' concern. Mr. Freedman continued that Ms. Blondin is an independent mortgage broker who has an office in Sarasota County and wishes to move her business into the City; that Ms. Blondin wishes to own the building; that nine parking spaces accommodate the single-story existing structure and allow the addition of 600 square feet (sq. ft.) in the future; that access to the property is from Suntan Avenue; that the internal sidewalk will be connected with the sidewalk on Fruitville Road; that the Zoning Code (1998) requires a landscaped buffer between the property and the neighbor to the north; that a 10-foot-wide buffer consisting of shade and oak trees is proposed for the rear of property; that shade trees and a hedge would be placed along Fruitville Road; that one neighborhood resident had concerns regarding the building of a retail establishment; that no retail establishments are allowed in the area; that traffic going into the neighborhood to the north is not of concerni that the neighborhood to the north should not be impacted by the project; that the situation is beneficial to all parties and should be supported. Commissioner Martin asked the type of signage which will accompany the building? Mr. Freedman stated that the sign would be a small, elegant, simple, monument sign at the entrance of the property with uplighting from the ground. Commissioner Quillin asked if lighting will be added to the parking lot? Mr. Freedman stated that no lighting is proposed for the parking lot at this time; that some building lights may exist at the entrance to the building; that the lighting on Fruitville Road is extensive; that the business does not operate at night. Mayor Hogle requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner II, Planning Department, came before the Commission, referred to computer-generated displayed illustrations including the zoning map of the area, and stated that the zoning map indicates the pattern of OP and RSF-3 Zone Districts in - the area; that the OP Zone District is useless as the minimum required lot size is one acre; that many sites on Fruitville Road are less than one acre; that a strategy of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), is to convert the entrance into the City between Interstate (I)-75 and Downtown into an attractive entryway into the City; that the two general considerations should be: 1) overall building appearance and 2) restraint in signage; that the property occupies a split zone district currently; that the entire site will be rezoned to the OPB Zone District to allow development of a site of such size: Mr. Hoglund referred to photographs displayed on the overhead projector and stated that a few remnant houses are on the north side of Fruitville Road; that a variance was approved to retroactively cope with the fact the building is five feet from the right-of-way line; that the building is no longer suitable for a residence and has not been occupied for some time; that the project is supported and is a good solution; that the building will be improved cosmetically; that the landscaping will be significant; that the property will be put to good use; that access to the parking lot will be from the east; that extensive landscaping will be developed around the perimeter; that the number of parking spaces has been designed to accommodate the 600-square-foot building expansion which may or may not occur in the Euture. Mr. Hoglund continued that at the May 2, 2001, Regular Planning Board/Local Planning Agency (PBLP) meeting, the PBLP held a public hearing and voted unanimously to find Rezone Application No. 01-RE-07 and Site Plan Application No. 01-SP-16, consistent with the City's Comprehensive Plan and the standards for review set forth in the Zoning Code (1998); and to recommend Commission approval subject to the following conditions: 1. Except as modified herein, the site plan and all related development and construction plans shall be in compliance with the plans entitled "Karin Blondin Office" and received by the Planning Department on April 17, 2001.. 2. The internal walkway between the entrance to the building and parking area shall be extended south to join the sidewalk on Fruitville Road. Deputy City Auditor and Clerk McGowan stated that no interested persons have signed up to speak. BOOK 49 Page 21188 06/04/01 6:00 P.M. BOOK 49 Page 21189 06/04/01 6:00 P.M. Mayor Hogle stated that neither the Applicant nor the City has any rebuttal; and requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 01-4310 by title only. On motion of Commissioner Quillin and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 01-4310 on first reading. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Hogle, yes; Martin, yes; Palmer, yes. Commissioner Quillin stated that the project is beneficial and will improve Fruitville Road and the surrounding neighborhoods. 13. QUASI- JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4311, TO REZONE A PARCEL OF REAL PROPERTY CONSISTING OF + .51 ACRES LOCATED AT THE NORTHWEST CORNER OF FRUITVILLE ROAD AND COCOANUT AVENUE WITH STREET ADDRESSES OF 1257, 1265, 1275 AND 1281 FRUITVILLE ROAD FROM THE MULTIPLE- - FAMILY RESIDENTIAL-5 (RMF-5) ZONE DISTRICT TO THE THEATER AND ARTS DISTRICT (TAD) ZONE DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 01-SP-08 TO ALLOW t 15 TOWNHOUSE UNITS TO BE CONSTRUCTED UPON THE ABOVE-DESCRIBED REZONE PROPERTY; PROVIDING FOR CONDITIONS OF THIS REZONING, INCLUSIVE OF A PROFFERED SITE PLAN; ETC. (TITLE ONLY) (APPLICATION NO. 01-RE-04, APPLICANT MICHAEL A. DISAPIO, OF O' BRIEN-I DISAPIO ARCHITECTURE, INC., AS AGENT FOR RONALD D. RIVERS AND CHARLES E. RIVERS, AS OWNERS) - t PASSED ON FIRST READING WITH THE CHANGE IN LANGUAGE FROM 15 TOWNHOUSE UNITS TO 15 TOWNHOUSE UNITS AND PROPOSED RESOLUTION NO. 01R-1372, APPROVING MAJOR CONDITIONAL USE APPLICATION 01-CU-13 TO ALLOW TOWNHOUSES IN THE THEATER AND ARTS DISTRICT (TAD) ZONE DISTRICT; SAID MAJOR CONDITIONAL USE IS PROPOSED TO BE LOCATED ON A t .51 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF FRUITVILLE ROAD AND COCOANUT AVENUE WITH A STREET ADDRESSES OF 1257, 1265, 1275 AND 1281 FRUITVILLE ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; SAID MAJOR CONDITIONAL USE IS REQUIRED TO BE CONSTRUCTED AND LOCATED IN ACCORDANCE WITH SITE PLAN APPLICATION 01-SP-08; ETC. (TITLE ONLY) (APPLICATION NOS. 01-CU-13 AND 01-SP-08, APPLICANT MICHAEL A. DISAPIO, OF O'E BRIEN-DISAPIO ARCHITECTURE, INC., AS AGENT FOR RONALD D. RIVERS AND CHARLES E. RIVERS, AS OWNERS) - ADOPTED (AGENDA ITEM IV-B-3) #2 (0230) through (0930) Attorney Schenk stated that Rezone Application No. 01-RE-04 as incorporated in proposed Ordinance No. 01-4311 is to rezone 0.51 acres of real property located at 1257, 1265, 1275, and 1281 Fruitville Road from the Multi-Family Residential-5 (RMF-5) to the Theater and Arts District (TAD) Zone District; that proposed Resolution No. 01R-1372 is to approve Major Conditional Use Application No. 01-CU-13 to allow townhouses in the TAD Zone District in accordance with Site Plan Application No. 01-SP-08; that the Applicant is Michael DiSapio, O'Brien-DiSapio Architecture, Inc., agent for Ronald and Charles Rivers, as owners; that no one has filed for Affected Person status. Attorney Schenk continued that the recommendation is to allow ten minutes for the Applicant's presentation and five minutes for rebuttal; that the City will have ten minutes for presentation and five minutes for rebuttal; that other interested persons will have three minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Hogle stated that hearing the consensus of the Commission, the time limits are approved. Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Mayor Hogle and Commissioners Martin, Palmer, and Quillin stated that no ex parte communications have occurred. Mayor Hogle opened the public hearing and requested that the Applicant come forward. Michael DiSapio, O'Brien-DiSapio Architecture, Inc., agent for Ronald and Charles Rivers, as owners, came before the Commission and stated that Rezone Application No. 01-RE-04 requests approval for a rezoning from the RMF-5 to the TAD Zone District; that Site Plan Application No. 01-SP-08 has been proffered as a condition of the rezoning; that the Rivers brothers have also filed Major Conditional Use Application No. 01-CU-13 to allow construction of a 15-unit townhouse project on the rezoned BOOK 49 Page 21190 06/04/01 6:00 P.M. BOOK 49 Page 21191 06/04/01 6:00 P.M. property at the northwest corner of Fruitville Road and Cocoanut Avenue; that the site is 1.5 acres; that the goal of the TAD Zone District is to bring pedestrian-friendly development to the area. Mr. DiSapio continued that an articulated and stepped façade brings elements to the street level and pushes the three-story section back away from the street to soften the effect of the mass of the building; that eight units front on and will have pedestrian access from Fruitville Road; that seven additional units will front an internal pedestrian court and private one-way drive; that vehicular access will be from the alleyway to the north; that the entries to the units are elevated half a story above street level which provides privacy and protection from vehicular noise; that the project is unique; that the corner parcel of property was purchased from the City; that a condition of the purchase was the developer would be required to develop townhouses; that the Zoning Code (1998) has a minimum density of 30 units per acre for building in the TAD Zone District; that the planning of the project was challenging; that all the requirements of the Development Review Committee (DRC) and the City have been met or exceeded; that a neighborhood meeting was held; that the neighborhood residents who attended the meeting supported the project; that each unit is provided two parking spaces; that the trafiic impact on the neighborhood is de minimus; that the project continues a spark of residential redevelopment which was begun by the developers of the Library Mews project; that the project brings full-time residents to the urban core of the City; that the project is professionally landscaped and maintained and will be a benefit to the City. Commissioner Quillin stated that the alleyway entrance to the property is supported; that having traffic enter from Cocoanut Avenue would have been a concern. Mr. DiSapio stated that the traffic circulation was the most problematic issue in planning the project. Commissioner Quillin asked the number of guest parking spaces for the property? Mr. DiSapio stated that each unit has one garage and one guest parking space; that the total number of guest parking spaces is 15. Commissioner Quillin stated that one handicapped parking space is seen on the site plan. Mr. DiSapio stated that the handicapped parking space was eliminated in earlier DRC Reviews. Commissioner Quillin asked if the enhanced landscaping and planters on Cocoanut Avenue and Fruitville Road will remain? Mr. DiSapio stated yes. Commissioner Quillin stated that the enhancements are supported. Mr. DiSapio stated that extensive landscaping will be utilized on Cocoanut Avenue and Fruitville Road. Commissioner Martin asked if the traific exiting the property could go past Cocoanut Avenue onto US 41? Mr. DiSapio stated that the entrance is a public alleyway; that the internal alleyway exits onto Cocoanut Avenue and continues to US 41. City Manager Sollenberger stated that a stipulation at the time of sale of the property to the Rivers brothers was the design be approved by the City Manager; that the design is pleasing; that a written approval will be provided following the rezoning of the property; that a building permit must be received within 90 days. Mayor Hogle requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner II, Planning Department, came before the Commission and stated that the project was desired by the City; that the property was sold by the City with the condition the design be similar to the design proposed; that many obstacles caused difficulty in planning the project including a power line which bisects the property; that a solution was achieved to allow the project to move forward; that the rezoning is necessary as TAD Zone District is the only zone district allowing townhouses; that approval of a conditional use is required; that at the May 2, 2001, Regular Planning Board/Local Planning Agency (PBLP) meeting, the PBLP held a public hearing and voted unanimously to find Rezone Application No. 01-RE-04, Site Plan Application No. 01-SP-08, and Major Conditional Use Application No. 01-CU-13, consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, BOOK 49 Page 21192 06/04/01 6:00 P.M. BOOK 49 Page 21193 06/04/01 6:00 P.M. 1998 Edition (City's Comprehensive Plan), the Tree Protection Ordinance, and the standards for review set forth in the Zoning Code (1998) and to recommend Commission approval subject to the following conditions: Rezone Application No. 01-RE-04 and Site Plan Application No. 01-SP-08: 1. Except as modified herein, the site plan and all related development and construction plans shall be in compliance with the plans entitled "Townhouse Mews" and received by the Planning Department on April 18, 2001... 2. The final construction plans shall include a "knox box" system at the main entry gate and a Crime Prevention Through Environmental Design (CPTED) gate to enclose the buffer along the western property line. Major Conditional Use Application NO. 01-CU-13: 1. Except as modified herein, the site plan and all related development and construction plans shall be in compliance with the plans entitled "Townhouse Mews" and received by the Planning Department on April 18, 2001. Mr. Hoglund referred to photographs displayed on the overhead projector of the proposed alleyway and Cocoanut Avenue along the northern property line; and stated that the alleyway will be used to provide access at the western end of the site; that motorists would enter the property at the northwest corner and go south and then east to the parking lot; that the exit is to Cocoanut Avenue; that all trees on the project site will be removed; that a generous landscape plan accompanies the site design and is pleasing. Commissioner Martin asked if blank walls exist in the plan? Mr. Hoglund stated that a space exists between the property line and the western building wall; that the Sarasota Police Department recommended a see-through fence be placed at the southern property line to prevent people from camping in the area. Commissioner Quillin asked if planters will be included in the design? Mr. Hoglund stated that planters will be placed along the sidewalk; that an architectural element which follows the property line is an introduction to the building. Commissioner Quillin stated that the project has been improved since last reviewed. Mr. Hoglund stated that the Applicant has overcome many hurdles in planning the project; that the project is supported. Deputy City Auditor and Clerk McGowan stated that no interested persons have signed up to speak. Mayor Hogle requested that the Applicant and the City come forward for rebuttal. Mr. DiSapio stated that the planters along Cocoanut Avenue are landscaped with Christmas palms and birds of paradise; that an extensive landscape plan has been prepared. Commissioner Palmer stated that the Applicant in an earlier discussion indicated a change may occur in the façade; that a change is not supported as the current façade is impressive. Mr. DiSapio stated that the changes will be improvements; that the attempt is to develop a Mediterranean look which is consistent with other buildings in the Cityi that the current rendering of the proposed structure is too colonial in style. Commissioner Quillin stated that historic houses in the area have a colonial look. Mr. DiSapio stated that the project is continuing to evolve; that the final rendition is eagerly anticipated. Commissioner Palmer stated that the project is consistent with the urbanist design concept approved in the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020); that significant changes would be of concern. Mr. DiSapio stated that the changes will only be cosmetic; that the look will be more Mediterranean; that the gables will be softened; that the shutters will be replaced with arched-topped windows. Mayor Hogle requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. BOOK 49 Page 21194 06/04/01 6:00 P.M. BOOK 49 Page 21195 06/04/01 6:00 P.M. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 01-4311 by title only. Commissioner Palmer stated that the + 15 townhouse units should be changed to 15 townhouse units for clarity. Attorney Schenk stated that the change can be made. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to pass proposed Ordinance No. 01-4311 on first reading and change the language from t 15 townhouse units to 15 townhouse units. Commissioner Palmer stated that the square footage identification is of concern; that some differences exist in the documentation concerning the square footage; and asked if the confusion has been resolved? Mr. Hoglund stated that the correct figure is 23,210 square feet (sq. ft.); that the different numbers are included as the attempt was made to resolve the minimum/maximum density issue; that the actual figure was not determined until the final site plan was completed; that 23,210 sq. ft. is the correct figure. Commissioner Palmer stated that many hurdles existed in the planning of the project; that the project is pleasing; that the project should be moved forward; that the City recognized the need for an approximately seven-foot-wide strip of property abutting Cocoanut Avenue; that another piece of property was sold by the City to a private developer; that after the property was sold, the developer was requested to dedicate land back to the City which could be problematic; that the project is great; and congratulated the Applicant, the architect, and Staff. Commissioner Quillin stated that the project is pleasing; that a Community Redevelopment Agency Advisory Board, once established, could review some elements discussed and would move projects forward more quickly. Mayor Hogle restated and called for a vote on the motion to pass proposed Ordinance No. 01-4311 on first reading and change the language from + 15 townhouse units to 15 townhouse units. Mayor Hogle requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Martin, yes; Palmer, yes; Quillin, yes. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 01R-1372 by title only. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to adopt proposed Resolution No. 01R-1372. Motion carried unanimously (4 to 0): : Martin, yes; Palmer, yesi Quillin, yes; Hogle, yes. 14. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #2 (0930) through (1345) Mayor Hogle requested that Deputy City Auditor and Clerk McGowan explain the sign-up process for Citizens' Input. Deputy City Auditor and Clerk McGowan stated that any person wishing to speak to any topic related to the City during Citizens' Input is requested to complete a Request to Speak form; that speakers will have three minutes to speak; that speakers will be timed and will be advised when one minute remains. The following people came before the Commission: Edward Harding, 2171 Wood Street (34237), stated that damaging fertilizer can enter Sarasota Bay during rainstorms; that free nitrogen problems will occur; that organic fertilizers should be substituted for inorganic fertilizers; that the majority of the fertilizer being used in the City is inorganic and contributes to the free nitrogen problem; that he has proposed converting all municipal organic solid waste into mulch or compost in an $80 million plant; that mulch is organic and will not pollute the Bay; that many condominiums will be vacated if the Bay produces a foul odor as has occurred in the past; that free nitrogen is a serious problem; that a plant must be built by private industry as any building costing over $10 million must be approved by the citizens which probably will not happen; that the potholes on Main Street should be filled; that the timing of the stop lights on Main Street is too long; that the enterprise zone has not been mentioned recently; that the Commission must pass an ordinance to give up the franchise tax; that the State will give up half the franchise tax if the City gives up the other half; that a project is planned for the property leased by the Florida House Institute for Sustainable Development (FHI) from the City; that the area should have a shopping center; that BOOK 49 Page 21196 06/04/01 6:00 P.M. BOOK 49 Page 21197 06/04/01 6:00 P.M. commitments have been received from Publix Super Markets, Inc., Walgreen's Drugstores, and Ace Hardware; that the area requires a shopping center; that FHI has plans for urbaculture but has no funding; that cost of the Federal Building is $276 per square foot for the purchase price and the renovation which is high; that a building should be constructed over the City Hall parking lot and continue over Lemon Avenue to protect citizens at the bus stop and vehicles from rain and sunlight. Richard Sheldon, 526 South Osprey Avenue (34236), distributed framed sheets of extreme sports stamps and stated that the hope is the sheets can be signed by the Commissioners and auctioned at the opening of the proposed skateboard park. Mayor Hogle thanked Mr. Sheldon and stated that Mr. Sheldon is an asset to the community. Commissioner Palmer thanked Mr. Sheldon for his support of the skateboard park. 15. UNFINISHED BUSINESS: APPROVAL RE: DRAFT PERMIT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO CONSTRUCT A CLASS V GROUP 3 AQUIFER STORAGE AND RECOVERY (ASR) PILOT WELL AND MONITOR WELL SYSTEM FOR RECLAIMED WATER TO BE LOCATED IN PAYNE PARK REFERRED TO THE ADMINISTRATION AND THE PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD FOR A RECOMMENDATION CONCERNING THE SITING OF THE ASR PILOT WELL (AGENDA ITEM VI-1) #2 (1345) through (3620) William Hallisey, Director of Public Works, and Michael Micheau, Hydrogeologist, Post, Buckley, Schuh and Jernigan, Inc. (PBSJ), came before the Commission. Mr. Hallisey stated that PBSJ serves as the consultant for the City's reclaimed water program; that the Commission's approval is requested for a Class V, Group III, Aquifer Storage and Recovery (ASR) pilot well; that at the February 22, 2001, Commission Workshop, Staff presented an update regarding the Urban Reuse Transmission System and recommended development of an ASR system for reclaimed water to offset seasonal shortages; that the Sarasota County Fairgrounds Fairgrounds) was previously proposed as the site for the ASR pilot well; that Staff and PBSJ later determined the Fairgrounds would not be an appropriate location for the ASR pilot well; that alternate sites were identified closer to the coast; that Payne Park was then selected as the preferred site for the ASR pilot well; that Staff recommends locating the ASR pilot well in the southern portion of Payne Park; that engineering plans concerning a definite location within Payne Park have not been developed; however, Payne Park consists of 27 acres of property; that only approximately 60 by 100 feet in area will be required for the ASR pilot well, which will be fenced and landscaped to ensure an aesthetically pleasing public view; that final approval by the Florida Department of Environmental Protection (FDEP) of the ASR pilot well will require three years; that completing the permitting and design of the ASR pilot well will require one year; that another year will be required to construct the ASR pilot well; that the third year will be required to test the ASR pilot well, after which final approval will be considered. Commissioner Quillin asked the alternate locations examined by Staff? Mr. Micheau stated that Staff and PBSJ initially examined Luke Wood Park, the Fairgrounds, and Bird Key Park; that the underground geology and water quality at each site were examined; that the Fairgrounds site was initially determined to possess more favorable hydrogeology and water quality than Luke Wood Park and Bird Key Park; however, Staff and PBSJ subsequently determined the ASR pilot well should be located closer to the coast; that underground water quality becomes increasingly poorer closer to the coast; that water salinity typically increases closer to the coast until brackish water which is a mix of saltwater and fresh water is reached; that brackish water is not potable; that the ASR pilot well should utilize a source of brackish water. Commissioner Quillin stated that the alternate locations examined by Staff and PBSJ were not presented to the Commission for approval; that the Commission was only informed the Fairgrounds would be utilized as the location for the ASR pilot well. Mr. Micheau stated that the Fairgrounds was the preferred location at the time the ASR pilot well was previously presented to the Commission; that subsequent data indicated the ASR pilot well should be located closer to the coast to facilitate FDEP permitting and the ultimate success of the project; that PBSJ recommends locating the ASR pilot well at another site. Commissioner Quillin stated that Payne Park is currently being utilized as the Sarasota Mobile Home Park (SMHP). BOOK 49 Page 21198 06/04/01 6:00 P.M. BOOK 49 Page 21199 06/04/01 6:00 P.M. Mr. Hallisey stated that a significant amount of property in Payne Park is not currently being utilized by the SMHP; that the site for the ASR pilot well will consume an insignificant portion of Payne Park and will not negatively affect nearby SMHP residents; that future plans for Payne Park will not be negatively affected. Commissioner Palmer stated that Staff indicated the ASR pilot well should be located close to the coast; that Luke Wood Park and Bird Key Park are closer to the coast than Payne Park; that other locations along the Bayfront could be identified; that the rationale for locating the ASR pilot well at Payne Park is requested. Mr. Micheau stated that considerations in determining a location for the ASR pilot well were land availability and the suitability of the ASR pilot well at the location; that significantly more property is available at Payne Park; that the ASR pilot well will not disrupt residents near Payne Park as much as residents living near Luke Wood Park or Bird Key Park. Mr. Hallisey stated that Bird Key Park and Luke Wood Park were examined; that constructing and testing the ASR pilot well will proportionally require a larger area of property at Bird Key Park and Luke Wood Park than at Payne Park; that a settling pond is required to operate an ASR pilot well if located at Bird Key Park or Luke Wood Park; that additional land is not available at Luke Wood Park or Bird Key Park; that acquiring additional Bayfront property for the ASR pilot well would be expensive. Commissioner Palmer stated that Staff indicated the area required for the ASR pilot well should be 60 by 100 feet; however, no indication was provided concerning the overall public view of the ASR pilot well; that clarification concerning the public view of the ASR pilot well above ground is requested. Mr. Micheau referred to a displayed computer-generated slide of an ASR pilot well and stated that the ASR pilot well will physically consume a 10-by-60-foot parcel of property and will only consist of a pipe adjoining a well head; that significant infrastructure is not required for an ASR pilot well. Mr. Hallisey stated that the section of pipe in the public view will be between 20 and 30 feet long; that a traditional well head will be constructed at one end of the pipe; that a small water metering device will also be attached to the ASR pilot well; that aesthetically pleasing fencing and landscaping will be utilized to hide the ASR pilot well from the public view in an area of 60 by 100 feet; that other City utilities have been similarly landscaped and fenced; that the public will not be able to see the ASR pilot well after construction is completed. Commissioner Palmer stated that the public view of the ASR pilot well is important; that Payne Park will - eventually be expanded to replace the SMHP; that the aesthetics of Payne Park and the SMHP are important; that Statewide public concern was recently raised regarding the injection of raw sewage into aquifers; that the public should be, informed of the quality of water injected through the ASR pilot well; that clarification concerning the hydrogeology and quality of water injected through the ASR pilot well is requested. Mr. Micheau stated that a previous use of ASR technology has been controversial but is not related to the proposed use in the City; that the controversial use concerned the injection of untreated surface water. Commissioner Palmer asked if the controversy concerned raw sewage? Mr. Micheau stated no; that the controversy concerned only untreated surface water such as overflow water from lakes, rivers, and excess rainfall; that the injection of the untreated water was misinterpreted by the press, which indicated untreated surface water would be utilized in all ASR projects; that untreated surface water is not utilized in all ASR projects; that the water utilized in the City's ASR pilot well will be wastewater but will be treated to potable water standards. Mr. Hallisey referred to a photograph of former Mayors Gene Pillot, Jack Gurney, and David Merrill, and Gilbert Leacock, former Director of Public Works, drinking treated reuse water, and stated that the photograph was taken while former Mayors Pillot, Gurney, and Merrill were visiting the City's Whitaker Bayou water discharge site; that the water injected through the ASR pilot well is highly treated; that the public could drink the water, which is treated to potable water standards; however, drinking the water is not recommended. City Manager Sollenberger stated that the photograph has saved the City significant funds; that the City Attorney, Staff, and himself were previously summoned to Atlanta, Georgia, for a hearing with the United States Department of Justice (USDOJ) ; that USDOJ attorneys indicated the City had committed serious violations of BOOK 49 Page 21200 06/04/01 6:00 P.M. BOOK 49 Page 21201 06/04/01 6:00 P.M. the Federal Clean Water Drinking Act by discharging reuse water into Sarasota Bay, indicated the City could be fined up to $100 million, but determined the final fine would be $2 million; that the photograph was then presented to the USDOJ attorneys, who were informed the water was treated to potable water standards; that former Mayors Pillot, Gurney, and Merrill are pictured drinking the reuse water which is discharged into Sarasota Bay; that the USDOJ attorneys reconsidered the fine; that the standards of the United States Environmental Protection Agency (EPA) for discharging water were modified as a result of the City's water treatment and discharge practices for reuse water; that the EPA indicated the City was no longer committing any violations; that the City was never fined. Mr. Micheau stated that the water injected through the ASR pilot well will be highly treated; that the City is required to treat the water to potable water standards prior to receiving approval for injection. Commissioner Martin asked the exact proposed location of the ASR pilot well in Payne Park? Mr. Hallisey stated that the exact location has not been determined; that the ASR pilot well could be located anywhere in Payne Park provided additional piping is constructed to connect the ASR pilot well to the City's urban reuse system; that the connection to the urban reuse system would be best located through the southwest corner of Payne Park near Alderman Street; that the connection would be located in the Alderman Street right-of-way; that moving the ASR pilot well to the north or east only requires the construction of additional piping, which is inexpensive; that an engineering study will be conducted to determine the exact location of the ASR pilot well in Payne Park and could be presented to the Commission upon completion. Commissioner Martin asked the relationship of ASR technology to the urban reuse system? Mr. Hallisey referred to a computer-generated slide of the City's reuse water usage during April 1998, 1999, 2000, and 2001, and stated that the City currently utilizes approximately 60 percent of available reuse water; that during the hurricane and rain season, reuse water is not utilized; that any excess water is discharged into Sarasota Bay if not utilized; that the excess water could be treated and injected and later utilized during drought or dry weather conditions; that use of reuse water could be increased if excess water is treated and stored by injection; that conventional storage such as tanks or retention or impoundment systems is very expensive and costs 10 times as much as injection and ASR technology; that a significant number of ASR wells are currently utilized along the west coast of Florida; that ASR technology is utilized in the Peace River area and by Manatee County; that water is injected during the rainy season and utilized during dry weather conditions. Mr. Hallisey continued that significant controls ensure the safety of ASR wells; that. the first control is FDEP permitting, which is a very rigorous process; that the suitability of a proposed location for an ASR well is extensively investigated; that another control concerns the period of time before an ASR well is officially permitted; that ASR wells must serve as pilot wells for two years prior to final permitting; that ASR pilot wells are closely supervised during the testing period; that a third control is the monitor wells installed near the ASR pilot well to ensure the quality of the water; that ASR technology is cost effective and will maximize the City's use of reuse water; that wastewater or reuse water was previously considered a liability but is now considered an asset; that the City could utilize reuse water to offset the demand on the potable water supply; that the ASR pilot well will be closely supervised; that Staff estimates the City's water storage capacity will be increased by approximately one million gallons per day. Commissioner Quillin asked which portion of Luke Wood Park was examined for the ASR pilot well? Mr. Hallisey stated that Luke Wood Park was examined in its entirety; that Staff determined insufficient space exists at Luke Wood Park for the ASR pilot well; that significant extra property exists at Payne Park; that the ASR pilot well could be unobtrusively located in Payne Park without significant disruption to the local neighborhood. Commissioner Quillin stated that the southern portion of Luke Wood Park is currently open space and could be utilized for the ASR pilot well; that Payne Park is currently utilized as the SMHP; that a significant number of people live in the SMHP; that a condominium, apartment complex, a church, and daycare center are located near Alderman Street; that the drilling required to construct the ASR pilot well will be noisy and will disturb nearby residents; that two years of testing will be required; that a significant number of mechanics and other personnel will visit the BOOK 49 Page 21202 06/04/01 6:00 P.M. BOOK 49 Page 21203 06/04/01 6:00 P.M. ASR pilot well frequently; that the ASR pilot well will require pumps, which will generate significant noise and will also disturb nearby residents; that the area near the southwest portion of Payne Park is heavily populated; that a significant number of people could be negatively affected by the ASR pilot well; that the City has not closed the SMHP. Mayor Hogle requested clarification of the drilling and other operations required to construct and operate the ASR pilot well. Mr. Micheau referred to a displayed computer-generated slide of an ASR pilot well and stated that approximately four months of drilling will be required during construction of the ASR pilot well; that after construction is completed, an electric turbine pump will be utilized for the ASR pilot well; that a slight humming sound may result; however, an electric turbine pump is significantly quieter than a diesel pump; that the noise generated by electric turbine pumps is insignificant and should not be disruptive; that the humming will result only if the pump is running; that the pump will not run during the recharge cycle; that the City's main service pumps will inject the treated reuse water through the ASR pilot well; that the ASR pump will only be utilized to recover water. Commissioner Quillin asked if the monitor wells near the ASR pilot well will generate significant noise? Mr. Micheau stated no; that the monitor wells are for monitoring purposes only, will not contain an external pump or other equipment which generates noise, and are utilized to measure water levels and to obtain water samples; that an internal pump would only be utilized in the monitor well to obtain water samples. Commissioner Quillin asked if the ASR Pilot well will be similar to the City's test well located at Pioneer Park? Mr. Micheau stated that the configuration of the test well at Pioneer Park is not known; that the ASR pilot well will have an electric turbine pump only; that the monitor wells will not have active pumps but recording gauges only; that a small internal electric pump will be utilized to obtain a water sample from the monitor well if desired for testing purposes. Commissioner Quillin stated that locating the ASR pilot well at Payne Park is not supported; that the area near Payne Park is heavily populated and should be silent at night; that the pump will disturb nearby residents; that Payne Park is a very open area; that the noise generated by the ASR pilot well will carry into nearby neighborhoods; that locating the ASR pilot well at Luke Wood Park is preferred; that natural and artificial barriers at Luke Wood Park will stifle any noise generated from the ASR pilot well; that four months of drilling will generate significant noise and. will greatly disturb nearby residents. Mayor Hogle asked the manner in which the ASR pilot well will be drilled? Mr. Micheau stated that the ASR pilot well will be drilled with a motorized rotary drill; that cable-tool drilling is much noisier; that motorized rotary drilling will generate some noise but would be limited,to daylight hours only. Commissioner Quillin asked if drilling will also require significant pumping of ground water? Mr. Micheau stated that the pumping of ground water will occur simultaneously with required drilling; that the actual testing will not generate any noise; that drilling would occur on weekdays during daylight hours. Mayor Hogle asked if a cover could be constructed around and over the ASR pilot well to eliminate any disruptive noises? Mr. Hallisey referred to a displayed computer-generated slide of an ASR pilot well; indicated the electric turbine pump which will be located above ground; and stated that electric turbine pumps are utilized for other City water utility operations; that the pumps are frequently located within 40 feet of residential homes; that Staff has successfully buffered the noise from the pumps; that affected neighborhood residents have not complained after the buffering was installed; that the electric turbine pump could be located beneath ground or in a covered vault to reduce any disruptive noise if desired. Commissioner Martin stated that Staff indicated the ASR pilot well is a test well; and asked if the ASR pilot well will become a permanent well if permitted? Mr. - Micheau stated yesi that the ASR pilot well will become a permanent operational ASR well if permitted by FDEP after the required two years of testing. BOOK 49 Page 21204 06/04/01 6:00 P.M. BOOK 49 Page 21205 06/04/01 6:00 P.M. Commissioner Martin asked if testing will require the frequent charging and discharging of the ASR pilot well? Mr. Micheau stated yes. Commissioner Martin asked the manner in which the water from the ASR pilot well will be discharged? Mr. Micheau stated that during testing, the water from the ASR pilot well will be discharged to waste only and will not be utilized; that the City will be required to demonstrate several cycles of acceptable operation prior to final FDEP permitting approval. Commissioner Palmer asked the long-term goals for City use of ASR technology if the ASR pilot well is permitted by FDEP? Mr. Hallisey stated that the City's water customers are currently being surveyed for input concerning potential usage of reuse water for irrigation purposes; that the results of the survey will be presented to the Commission upon completion; that the long-term goal is to use as much of the City's reuse water as possible; that the City currently utilizes approximately 60 percent of available reuse water; that the long-term goal is to increase use of available reuse water to 90 to 95 percent; that excess reuse water could also be sold to other local jurisdictions such as Sarasota County or the Town of Longboat Key; that the City currently distributes reuse water to agricultural areas in Sarasota County; that the distribution of City reuse water could be expanded through existing interconnects with Sarasota County. Commissioner Palmer stated that utilizing reuse water will reduce the demand on the City's water supply; and asked if the primary long-term goal of the ASR pilot well is to increase the use of reuse water for irrigation and other non-potable purposes? Mr. Hallisey stated yes. Commissioner Palmer stated that the urban reuse system should be expanded if possible; that City water customers should utilize reuse water for irrigation purposes; that increasing the use of reuse water will conserve significant potable water in the future; that the amount of water discharged into Sarasota Bay will be significantly decreased if 90 to 95 percent of reuse water is utilized by City water customers. Mr. Hallisey stated that the City's current potable water supply is sufficient to satisfy current and future potable water demand; that Staff estimates only another one million gallons per day increase in potable water demand will result in the future; that the City's potable water supply is sufficient to meet an increase in potable water demand of one million gallons per dayi that the City's current reuse water demand is approximately 500,000 to 750,000 gallons per day; that increasing the use of reuse water will further offset any projected increase in potable water demand; that the sale of reuse water to City water customers will also generate significant revenues and could be utilized to expand the City's current potable water distribution system or the City's water treatment systems; that the City's reuse water could be utilized by the City's water customers or sold to water customers in other jurisdictions. Commissioner Quillin asked if any reuse water lines are located near Payne Park? Mr. Hallisey stated that a reuse transmission line currently runs through Osprey Avenue; that Payne Park will be connected to the Osprey Avenue reuse transmission line through the Laurel . Park Neighborhood; that the urban reuse system would also simultaneously be expanded to Laurel Park Neighborhood customers if desired. Commissioner Quillin stated that expanding the urban reuse system is advocated; that the urban reuse system should be expanded east to the Fairgrounds, which is currently aesthetically displeasing and requires significant additional landscaping and beautification; that the expansion of the urban reuse system to the Fairgrounds would facilitate further beautification and landscaping efforts; that the urban reuse system is not currently expanded to Payne Park; that expanding the urban reuse system to Payne Park will be expensive; that the urban reuse system has already been expanded to Luke Wood Park; and asked if Centennial Park was examined as a potential location for the ASR pilot well? Mr. Hallisey stated yes; however, insufficient space at Centennial Park to construct and operate the ASR pilot well exists; that the location of the ASR pilot well is not related to the expansion of the urban reuse system; that the ASR pilot well will provide reuse water only to the urban reuse system and not to specific customers; that additional ASR wells will be constructed throughout the City if the ASR pilot well is successfully permitted by FDEP. BOOK 49 Page 21206 06/04/01 6:00 P.M. BOOK 49 Page 21207 06/04/01 6:00 P.M. Commissioner Quillin stated that Payne Park is not located near a current reuse transmission line. Mr. Hallisey stated that Payne Park is located within two City blocks of the Osprey Avenue reuse transmission line. Commissioner Quillin stated that constructing a reuse transmission line to Payne Park will require construction through US 301, which is a busy roadway, and will be expensive. City Manager Sollenberger stated that Payne Park will be developed into a heavily landscaped 40-acre park requiring significant irrigation; that the urban reuse system will be expanded to Payne Park prior to final development; that the City should actively advocate and practice utilizing reuse water for all irrigation requirements; that nearly all City parks have been converted to utilize reuse water for irrigation; that the City's General Fund is charged for utilizing potable water for irrigation purposes; that utilizing reuse water costs less and conserves significant City funds; that constructing a reuse transmission line to Payne Park from the Osprey Avenue reuse transmission line is logical; however, the location of the ASR pilot well is a significant concern; that the Parks, Recreation, and Environmental Protection Advisory Board (PREPAB) could be directed to review potential locations for the ASR pilot well; that the location of the ASR pilot well could be aesthetically landscaped; that decorative fencing : could also be installed; that similar fencing was utilized at the Steigerwaldt-Jockey Fountain, also called the children's fountain; that all facilities at Payne Park should be aesthetically pleasing; that the City's urban reuse system should be expanded to Payne Park as soon as possible. Commissioner Quillin stated that residents near Payne Park should be notified of the potential nearby location of the ASR pilot well; that the construction and operation of the ASR pilot well will disturb nearby residents; that Staff should have presented the potential locations for the ASR pilot well prior to deciding on the Payne Park location; that specific data for each location should have been presented to the Commission; that the Commission's approval for a location should have been required. Mayor Hogle stated that the following person has signed up to speak: Richard Sheldon, 526 South Osprey Avenue (34236), came before the Commission and stated that Staff indicated insufficient space exists at Bird Key Park for the ASR pilot well and the ASR pilot well would require less space on a proportional basis if located at Payne Park; that the ASR pilot well will require significant fencing and landscaping; that more space than estimated will be required at. Payne Park; that the City has already sacrificed significant park space; that Laurel Park Neighborhood residents will not support locating the ASR pilot well in Payne Park; that the ASR pilot well should be located in Luke Wood Park, which is closer to the Osprey Avenue reuse transmission line; that the ASR pilot well should not be located in Payne Park, which is already the target location for a skateboard park as well as other community projects; that further public input should be sought from Laurel Park Neighborhood residents prior to approving Payne Park as the location for the ASR pilot well; that locating the ASR pilot well at Payne Park will be discussed at the next meeting of the Laurel Park Neighborhood Association (LPNA) i that the urban reuse system should be expanded to the Laurel Park Neighborhood and Payne Park; that the urban reuse system should be expanded to Payne Park without requiring construction on US 301; that Payne Park is not an appropriate location for the ASR pilot well; that other City parks could be examined as potential locations for the ASR pilot well. Commissioner Quillin stated that the ASR pilot well should be located as close to an existing reuse transmission line as possible. Mr. Sheldon stated that Payne Park should be utilized as a park only and not a location for a City utility; that the ASR pilot well will require significant servicing; that City maintenance vehicles and personnel will be working at the ASR pilot well frequently; that additional space will be required to provide access for the required maintenance vehicles and personnel, which will further disrupt nearby residents. City Manager Sollenberger stated that the Administration recommends authorizing proceeding with permitting of a reclaimed water ASR pilot well and monitor system at Payne Park and directing the PREPAB to review and propose an exact location for the ASR pilot well within Payne Park Commissioner Quillin stated that locating the ASR pilot well in Payne Park is not supported; that the Commission should examine alternate locations for the ASR pilot well; that connecting Payne BOOK 49 Page 21208 06/04/01 6:00 P.M. BOOK 49 Page 21209 06/04/01 6:00 P.M. Park to the Osprey Avenue reuse transmission line requires significant construction; that the southern portion of Luke Wood Park should be examined as a potential location; that the ASR pilot well should be connected to the urban reuse system in an unobtrusive manner; that nearby residents were not notified the ASR pilot well may be located in Payne Park; that additional input should be sought from affected neighborhood residents; that the location of the ASR pilot well should be referred to the Administration for further review; that neighborhood meetings should be held to discuss recommended locations affecting a significant number of residents; that constructing an ASR pilot well and expanding the urban reuse system is supported and should proceed; however, ASR wells should be constructed as Close to existing reuse transmission lines as possible. Commissioner Palmer asked if the FDEP permitting process will allow choosing a location other than at Payne Park? City Manager Sollenberger stated that the FDEP permitting application requires the City specify an exact location for the ASR pilot well. Commissioner Palmer stated that the PREPAB should be directed to review all alternate locations and propose a preferred location for the ASR pilot well; that the FDEP permitting process should not be impeded; that a recommendation from the PREPAB for the preferred location for the ASR pilot well should be obtained; that Payne Park may be the appropriate site for the ASR pilot well; however, insufficient public input has been. received to merit final approval of locating the ASR pilot well at Payne Park. City Manager Sollenberger stated that the PREPAB could receive public input while examining alternate locations for the ASR pilot well; that affected residents will be notified and provided information concerning the ASR: pilot well. Commissioner Palmer asked if the FDEP permitting process can continue without specitying an exact location for the ASR pilot well? Mr. Hallisey stated that FDEP permits for ASR wells are site specific; that the FDEP permitting process will be delayed until a specific location is selected and approved by the Commission. Commissioner Palmer stated that receiving public input and a recommendation from the PREPAB prior to proceeding with the FDEP permitting process is preferred; that delaying the FDEP permitting process is not desired; however, all concerns should be addressed prior to approving a final location for the ASR pilot well; and asked if the PREPAB previously examined the locations for the ASR pilot well? Mr. Hallisey stated that Staff presented the project to the PREPAB at the May 24, 2001, PREPAB meeting. Commissioner Palmer asked if the PREPAB recommended the ASR pilot well be located at Payne Park? Mr. Hallisey stated that the PREPAB recommended proceeding with the FDEP permitting process for the ASR pilot well, approved the Payne Park location, but - also indicated an exact location within Payne Park should be specified. Commissioner Martin requested clarification of the preferred hydrogeology for a ASR pilot well. Mr. Micheau stated that Payne Park possesses the most suitable hydrogeological and regulatory characteristics of all reviewed locations. Commission Martin stated that the preferred regulatory characteristics of a potential location should be clarified. Mr. Micheau stated that the FDEP permitting process requires locating the ASR pilot well at an appropriate receiving zone of the aquifer; that ASR wells should also be drilled into non- potable water aquifers; that the total dissolved solids (TDS) of a non-potable aquifer should exceed 1,500 to 2,000 TDS for use with an ASR pilot well; that Payne Park was the optimal location reviewed and met the required criteria for an ASR pilot well. Commissioner Quillin stated that alternate locations should not have been examined if not potentially suitable for an ASR pilot well; that the southern portion of Luke Wood Park geologically consists largely of shale. Mr. Micheau asked if Luke Wood Park geologically consists of shale or limestone? Commissioner Quillin stated that Luke Wood Park consists of both shale and limestone as a result of the proximity to a coastal BOOK 49 Page 21210 06/04/01 6:00 P.M. BOOK 49 Page 21211 06/04/01 6:00 P.M. waterway; that private wells were drilled for buildings previously located at Luke Wood Park; that Staff indicated locating the ASR pilot well Close to the coast was preferred; that Luke Wood Park is located close the coast. Mr. Micheau stated that the water quality of the target aquifer is better at Luke Wood Park than at Payne Park; that poorer water quality in the target aquifer is desired; therefore, Payne Park was selected as the preferred location. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to refer the siting of the Aquifer Storage and Recovery (ASR) pilot well to the Administration and the Parks, Recreation, and Environmental Protection Advisory Board (PREPAB) for a recommendation. Commissioner Quillin stated that the PREPAB already indicated an exact location at Payne Park has not been determined. Commissioner Palmer stated that Staff could propose locations and provide further information to assist the PREPAB with a recommendation of an exact location. Mayor Hogle called for a vote on the motion. Motion carried unanimously (4 to 0) : Martin, yesi Palmer, yes; Quillin, yes; Hogle, yes. Commissioner Quillin stated that alternate locations should have been presented to the Commission; that the Commission's approval should have been sought for the exact location of the ASR pilot well; that ASR wells will eventually be located throughout the City if the ASR pilot well is successful; that exact data concerning each potential location for the ASR pilot well should be provided the Commission and the public. 16. UNFINISHED BUSINESS: APPROVAL RE: HOUSING PROGRAM GUIDELINES FOR THE PROPERTY ACQUISITION PROGRAM, PUBLIC HOUSING HOME / OWNERSHIP PROGRAM, AND AMENDMENT 6 TO THE LOCAL HOUSING ASSISTANCE PLAN APPROVED THE PROGRAM GUIDELINES AND AMENDMENT 6 TO THE LOCAL HOUSING ASSISTANCE PLAN (AGENDA ITEM VI-2) #2 (3620) through #3 (0330) Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that the proposed guidelines concern programs recommended by the Community Development Advisory Committee (CDAC); that the City Commission and Sarasota Board of County Commissioners (BCC) previously approved the programs recommended in the Sarasota Consortium 2000 2005 Consolidated Plan Consolidated Plan); that the proposed guidelines concern the Property Acquisition Program and the Public Housing/Home Ownership (PH/HO) Program; that the Property Acquisition Program establishes a revolving fund which may be utilized by the Office of Housing and Community Development to acquire properties for future development by non- profit agencies and for-profit developers for use as affordable housing; that State Housing Initiative Partnership (SHIP) funds will be utilized to fund the Property Acquisition Program; that the CDAC previously indicated the acquisition of certain properties in the City should be pursued to provide additional low-income housing; however, funds are frequently not available to acquire property if for sale; that the Property Acquisition Program will allow the City to acquire property utilizing SHIP funds; that the properties could then be sold to non-profit agencies for development into low-income housing; that the proceeds from the sale of the properties could be returned to the revolving fund for future property purchases; that the Property Acquisition Program will grant first priority to non- profit agencies; that the funds can also be utilized to sell properties to private developers for housing development. Mr. Hadsell continued that the PH/HO Program will assist developments and public housing authorities such as the Cohen Way public housing development, which is being converted from Sarasota Housing Authority (SHA) properties to private ownership; that the PH/HO Program could also be utilized in conjunction with funds from the HOPE VI Grant if awarded; that the PH/HO Program guidelines were designed to allow SHA to utilize the available funds for as many uses as practical; that PH/HO Program funds will not be utilized to rehabilitate existing public housing developments for further public housing use; that the United States Department of Housing and Urban Development (HUD) provides funds to local and State jurisdictions to rehabilitate existing public housing developments; that the PH/HO program funds are designed for use in conjunction with HOPE VI Grant funds or other home ownership program funds. Commissioner Quillin stated that the Commission previously approved the sale of properties valued at no more than $120,000; however, the proposed Property Acquisition Program guidelines indicate properties valued up to $160,000 can be sold; that the BOOK 49 Page 21212 06/04/01 6:00 P.M. BOOK 49 Page 21213 06/04/01 6:00 P.M. maximum allowed value of properties is inconsistent throughout the proposed Property Acquisition Program guidelines; that clarification of the maximum sale value of property allowed by the Property Acquisition Program is requested. Mr. . Hadsell stated that the proposed Property Acquisition Program guidelines allow the sale of properties valued up to $120,000 to non-profit agencies for persons at or below 80 percent of the County median income and the sale of properties valued up to $160,000 to private developers for persons at or below 120 percent of County median income; that flexibility is necessary to sell properties to the general public and private developers; that a non-profit agency may not desire to purchase and rehabilitate a particular propertyi that the City should be allowed flexibility to dispose of certain properties if desired; that the funds generated from the sale of the property to a private developer would still be returned to the Property Acquisition Program. Commissioner Quillin stated that the City owns a significant amount of property in the Rosemary District. Mr. Hadsell concurred and stated that a portion of the City's property in the Rosemary District was sold recently. Commissioner Quillin stated that the City previously acquired property which was overvalued in the Rosemary District; that the City paid too much to acquire the property; that City-owned property could be sold to private developers to maximize the profit for the Property Acquisition Program. Mr. Hadsell stated that the City is currently investigating the purchase of properties which could be acquired through a tax deed or a code violation action; that the City levies liens against properties which violate the provisions of the Sarasota City Code (City Code) i that the City is then able to acquire the property if the property owner refuses to remedy the code violation and pay the lien; that the majority of properties acquired by the City are lots valued at $3,000 or less; that the properties are sold to non-profit agencies for development if possible; that non-profit agencies receive first priority for the sale of any City-owned properties designated for public housing; that the non-profit agencies are required to sell any development properties for $120,000 or less to persons with a family income at 80 percent or less of the County median income; that a property will only be sold to private developers if no non-profit agencies desire to purchase the property. Commissioner Quillin asked if City or State funds are utilized to acquire the properties? Mr. Hadsell stated that State SHIP funds are utilized to acquire properties for public housing; that eight or nine lots have been purchased recently; that the average purchase price of the lots was $3,000; that the majority of the costs for acquiring the lots are legal and court costs. Commissioner Martin asked the amount of SHIP funds targeted to acquire property? Mr. Hadsell stated that the SHIP funds allotted to the City have increased significantly in recent years; that only new SHIP funds will be utilized to acquire property; that approximately $200,000 in SHIP funds was initially appropriated for the Property Acquisition Program; that the Consolidated Plan also provides for a proration of the expenditure of excess SHIP funds to certain programs, including the Property Acquisition Program; that the current balance of Property Acquisition Program funds is approximately $238,000. Commissioner Quillin stated that Administrative Regulation No. 039.A005.1298 concerns the impact of potential ordinances on the cost of affordable housing and may require revision to allow the City to continue to. acquire properties for public housing; that the definition of "affordable housing" according to the SHIP Local Housing Assistance Plan is as follows: Affordable housing is defined as housing costs that do not exceed 30 percent of the very low or moderate income levels adjusted for family size. Commissioner Quillin continued that the impact of a potential ordinance could increase the costs of construction for affordable housing; that the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020) indicates persons from all income levels should be distributed throughout the City; that the language of the SHIP Local Housing Assistance Plan may require clarification. Mr. Hadsell stated that impact of potential ordinances does not affect the SHIP Local Housing Assistance Plan; that Administrative Regulation No. 039.A005.1298 only requires an examination of the impact of a potential ordinance on affordable housing in the City. BOOK 49 Page 21214 06/04/01 6:00 P.M. BOOK 49 Page 21215 06/04/01 6:00 P.M. City Manager Sollenberger stated" that the Administration recommends approving the program guidelines and Amendment 6 to the Local Housing Assistance Plan. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to approve the Property Acquisition Program and Public Housing/Home Ownership Program guidelines and Amendment 6 to the Local Housing Assistance Plan. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yesi Quillin, yes; Hogle, yes. Commissioner Quillin stated that the Property Acquisition Program and PH/HO Program guidelines will assist the City's efforts in acquiring property for redevelopment in the Tax Increment Financing (TIF) District and in creating an enterprise zone. Commissioner Palmer stated that the City should support and facilitate SHA's HOPE VI Grant application in any way possible. Commissioner Martin concurred. 17. UNFINISHED BUSINESS: APPROVAL RE: : REQUEST FOR FUNDING FOR THE NEW PASS MAINTENANCE DREDGING PROJECT AND THE LIDO BEACH RENOURISHMENT PROJECT APPROVED A DRAFT LETTER REQUESTING ASSISTANCE FOR THE NEW PASS MAINTENANCE DREDGING PROJECT TO UNITED STATES REPRESENTATIVE DAN MILLER AND APPROVED DRAFT LETTERS REQUESTING FEDERAL ASSISTANCE FOR THE LIDO BEACH RENOURISHMENT PROJECT TO UNITED STATES SENATORS REID, DOMENICI, NELSON, AND GRAHAM, AND UNITED STATES REPRESENTATIVES YOUNG, CALLAHAN, AND GOSS (AGENDA ITEM VI-3) #3 (0330) through (0555) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that at the May 25, 2001, West Coast Inland Navigation District (WCIND) Board meeting, a representative of the United States Army Corps of Engineers (USACE) informed the WCIND Board the New Pass Maintenance Dredging Project would not be funded; that USACE had previously proposed to commence the New Pass Maintenance Dredging Project during November or December 2001; that the plans for the New Pass Maintenance Dredging Project are already complete and include the use of the dredged white sand for Lido Key; that USACE and Staff had planned to utilize the white sand dredged from New Pass to cover the portion of Lido Key which. was recently renourished; that the renourished beaches of Lido Key will continue to have gray sand until either New Pass is dredged or an alternate source of white sand is located; that the proper permits to initiate the New Pass Maintenance Dredging Project are pending final approval; that Staff recommends delaying the renourishment of Lido Key with white sand until the New Pass Maintenance Dredging Project is funded. Mr. Daughters continued that City and County Staff have contacted Howard Marlowe, the City's lobbyist in Washington, D.C., who recommended the City submit a formal letter to Dan Miller (R), United States Representative, Florida, 13th Congressional District, requesting Federal assistance for the New Pass Maintenance Dredging Project; that a draft of the requested formal letter is included in the Agenda backup material; that the proposed letter requests Representative Miller pursue Federal funding for the New Pass Maintenance Dredging Project in an amount determined by USACE; that Staff also recommends encouraging USACE to fund the New Pass Maintenance Dredging Project with any remaining funds in the USACE budget; that Congress may pass a supplemental appropriations bill for the current fiscal year; that the New Pass Maintenance Dredging Project could be funded by the supplemental appropriations bill; that the New Pass Maintenance Dredging Project could be funded by the Federal Energy and Water Development Appropriations Bill for the next fiscal year; that USACE could also be requested to fund the New Pass Maintenance Dredging Project during the next fiscal yeari that the requests are included in the proposed letter to Representative Miller. Mr. Daughters further stated that the teasibility study for the Federal Lido Beach Renourishment Project is approximately half complete and will require another year for completion; that Staff recommends requesting Federal funding assistance for the design and construction of the Federal Lido Beach Renourishment Project; that Connie Mack (R), former United States Senator from Florida, and Bob Graham (D), current United States Senator from Florida, have previously acted on behalf of the City by requesting Congress approve $350,000 for the design and permitting phase of the Lido Beach Renourishment Project; that Mr. Marlowe also recommended the City send letters to Harry Reid (D), United States Senators from Nevada, and Pete Domenici (R), United States Senator from New Mexico, and to Bill Young (R), United States Representatives, Florida, 10th Congressional District, and Sonny Callahan (R), United States Representative, Alabama, 1st Congressional District, who sit on the respective BOOK 49 Page 21216 06/04/01 6:00 P.M. BOOK 49 Page 21217 06/04/01 6:00 P.M. Senate and House of Representatives Appropriations Committees and Subcommittees and who should be informed of the Commission's strong support for the funding requests; that proposed letters to Senators Reid and Domenici and Representatives Young and Callahan are also included in the Agenda backup material. Commissioner Palmer stated that letters seeking support to fund design and construction of the Federal Lido Beach Renourishment Project should also be sent to Senator Graham and Bill Nelson (D), United States Senator from Florida; that former Senator Mack should also be appraised of the City's efforts to seek Federal funding for the Federal Lido Beach Renourishment Project. Mr. Daughters concurred and stated that Mr. Marlowe only recommended letters be sent to Senators Reid and Domenici and Representatives Young and Callahan. Commissioner Palmer stated that the copies of the letters sent to Senators Reid and Domenici and Representatives Young and Callahan could be forwarded to Senators Graham and Nelson, who should always be appraised of the City's efforts to seek Federal funding for local projects; that a letter of appreciation should be sent to Porter Goss (R), United States Representative, Florida, 14th Congressional District, who has also assisted the City's efforts to seek funding for beach renourishment projects. Commissioner Quillin stated that Senators Graham and Nelson have publicly indicated support for Federal funding for beach renourishment projects; that letters should be sent to Senators Graham and Nelson. City Manager Sollenberger stated that the Administration recommends approving a draft letter requesting assistance for the New Pass Maintenance Dredging Project to Representative Miller and approving draft letters requesting Federal assistance for the Lido Beach Renourishment Project to Senators Reid and Domenici and Representatives Young and Callahan. Mayor Hogle asked if the Administration's recommendation could include letters to Senators Graham and Nelson and Representative Goss? City Manager Sollenberger stated yes. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to approve a draft letter requesting assistance for the New Pass Maintenance Dredging Project to Representative Dan Miller and approve draft letters requesting Federal assistance for the Lido Beach Renourishment Project to United States Senators Reid, Domenici, Graham, and Nelson, and United States Representatives Young, Callahan, and Goss. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Hogle, yes. 18. UNFINISHED BUSINESS: REPORT RE: PROGRESS TO DATE AND THE NEXT STEPS IN THE SARASOTA HOUSING AUTHORITY'S HOPE VI GRANT APPLICATION - REPORT GIVEN (AGENDA ITEM VI-4) #3 (0555) through (1180) Gregory Horwedel, Director of Redevelopment and Development Services, came before the Commission and stated that the status report concerns the application of the Sarasota Housing Authority (SHA) for a Housing Opportunities for People Everywhere (HOPE) VI Grant; that at the May 21, 2001, Regular Commission meeting, SHA requested City funding assistance to prepare a HOPE VI Grant application; that the Commission directed the Administration to examine potential sources for the additional funding assistance to match potential HOPE VI Grant funds; that Staff has partially examined potential funding sources; that impact fees could. be utilized to provide funding; that other funding sources are being examined; that Staff is not prepared at the current time to present a definite plan for funding; that a presentation concerning funding sources will be presented at the June 18, 2001, Regular Commission meeting; that the HOPE VI Grant application is due at the end of June 2001; that developing a successful. HOPE VI Grant application requires significant consideration and time; that the HOPE VI Grant presents a significant opportunity for the City's efforts to improve the community. Commissioner Palmer stated that the funding sources initially proposed by Staff are not satisfactory; that Staff should examine and propose as many alternate funding sources as possible; that the County should also provide funding assistance for the HOPE VI Grant application. Mr. Horwedel stated that a presentation concerning the HOPE VI Grant application will be provided at the June 12, 2001, Sarasota Board of County Commissioners (BCC) meeting; that a meeting has been scheduled for June 5, 2001, with the County Administration to discuss the HOPE VI Grant application as well as other items; that Staff will present all possible funding sources for the HOPE VI BOOK 49 Page 21218 06/04/01 6:00 P.M. BOOK 49 Page 21219 06/04/01 6:00 P.M. Grant application at the June 18, 2001, Regular Commission meeting; that utilizing certain funding sources for the HOPE VI Grant may be deemed unsatistactory, that Staff will attempt to present all possible funding sources to the Commission, which will choose the City's funding sources for the HOPE VI Grant. Commissioner Palmer stated that the City does not currently have significant excess funds to provide additional funding for the HOPE VI Grant; that, at the June 18, 2001, Regular Commission meeting, the Commission must decide which funding sources will be utilized; that the Commission may not have sufficient time to consider all possible funding sources and options and will have to rely on the efforts of Staff to propose satisfactory recommendations; that the recommendations must be realistic and must not significantly alter the City's current Capital Improvements Program. Mr. Horwedel stated that a detailed report concerning the recommended funding sources for the HOPE VI Grant application will be prepared for the June 18, 2001, Regular Commission meeting; that time for discussion will be available at the June 18, 2001, Regular Commission meeting. Commissioner Palmer stated that Staff's efforts to develop detailed recommendations concerning the HOPE VI Grant application are appreciated. Commissioner Quillin stated that the HOPE VI Grant application requires the City examine and propose funding for future years which is very difficult; that the City must demonstrate a strong commitment by providing funding for the HOPE VI Grant to ensure the funds are awarded; that the City could still alter existing or propose new funding sources after the HOPE VI Grant application is approved; that Staff should propose a balanced funding schedule for the HOPE VI Grant application; that the Commission should regularly be updated regarding the progress of the HOPE VI Grant application; that a copy of the detailed report to the Commission should be provided in advance of the June 18, 2001; Regular Commission meeting. Mr. Horwedel stated that the detailed report will be provided to the Commission in a timely manner. Commissioner Quillin stated that designating line items for each funding source is not required; however, exact funding sources for future years should be proposed. Mr. Horwedel stated that Staff will attempt to provide an accurate and detailed report of the potential funding sources for the HOPE VI Grant; that time will be available after the HOPE VI Grant is awarded to reconsider and propose new or alternate funding sources; that a specific funding strategy is not required until at least 24 months after approval of a HOPE VI Grant application. Commissioner Martin asked the City's oversight and management of HOPE VI Grant funds if the application is successful? Mr. Horwedel stated that the City will partner with SHA and Telesis, Inc. (Telesis), the consultant preparing the HOPE VI Grant application, to implement and manage the expenditure of HOPE VI Grant funds. Rudy Vazmina, Executive Director, SHA, and Marilyn Milkonian, President of Telesis, came before the Commission. Ms. Milkonian stated that if approved, the HOPE VI Grant funds will be awarded directly to SHA; that the County and the City will be investing significant matching funds for the HOPE VI Grant and will be responsible for the implementation of the projects funded by the matching funds; that the HOPE VI Grant projects will be dependent upon the matching City and County funds; therefore, the success of the HOPE VI Grant is dependent upon a strong partnership between the City, County, and SHA; that the County is considering funding sources for the HOPE VI Grant at the June 12, 2001, BCC meeting; that the County and City will only designate certain funding sources for the HOPE VI Grant and will not be required to expend the funds if the HOPE VI Grant application is not successful; that the City and County must also submit a revitalization plan to the United States Department of Housing and Urban Development (HUD) prior to the award of the HOPE VI Grant funds; that pre-development and development plans must also be submitted to HUD prior to receiving the HOPE VI Grant funds; that a strong partnership between the City, County, and SHA is required to ensure successful implementation of the HOPE VI Grant projects. Commissioner Martin stated that a strong partnership between the City, Çounty, and SHA will be supported to ensure the successful implementation of the HOPE VI Grant projects. BOOK 49 Page 21220 06/04/01 6:00 P.M. BOOK 49. Page 21221 06/04/01 6:00 P.M. Ms. Milkonian stated that the partnership is required to ensure the successful implementation of the HOPE VI Grant projects. Mr. Vazmina stated that the support of the Commission for the HOPE VI Grant application is requested for the presentation at the June 12, 2001, BCC meeting; that the attendance of a Commissioner at the June 12, 2001, BCC meeting as a representative of the Commission would assist in providing vocal support for the HOPE VI Grant application if required. Commissioner Palmer asked the time of the June 12, 2001, BCC meeting? Mr. Vazmina stated that the June 12, 2001, BCC Meeting is scheduled for 10:30 a.m.i that Commissioner Mason previously indicated she could attend the June 12, 2001, BCC meeting. Mayor Hogle stated that he will also attend the June 12, 2001, BCC meeting. Commissioner Martin stated that he will attend the June 12, 2001, BCC meeting as well. Commissioner Palmer asked if County Impact Fee revenues could be utilized as a funding source for the HOPE VI Grant? Mr. Horwedel stated that Staff intends to discuss utilizing County Impact Fee revenues for the HOPE VI Grant with the County. Commissioner Martin asked if Staff understands which funding sources are preferred for the HOPE VI Grant? Mr. Horwedel stated yes. Commissioner Quillin stated that the County has previously allowed the use of Impact Fee revenues for certain City projects. Mr. Horwedel stated that all potential funding sources for the HOPE VI Grant will be examined; that significant efforts will be exerted to persuade the County Administration and BCC to allow the City to utilize Impact Fee revenues for the HOPE VI Grant. City Manager Sollenberger stated that the Administration does not have a recommendation; that a detailed report concerning the potential City funding sources for the HOPE VI Grant will be presented to the Commission at the June 18, 2001, Regular Commission meeting; that a copy of the detailed report will be provided to the Commission as far in advance as possible; that assembling the required information for the HOPE VI Grant application is difficult due to the short period before the application deadline; that potential funding sources will be examined as soon as possible. Commissioner Palmer stated that a Commission Workshop concerning the City's policy on newsracks is scheduled for June 18, 2001, at 2 p.m.i that significant time will not be required to discuss newsracks; that the potential funding sources for the HOPE VI Grant could also be discussed during the Commission Workshop to conserve time at the later Regular Commission meeting. Mayor Hogle concurred. City Manager Sollenberger stated that the Commission Workshop concerning newsracks could be rescheduled for a later date to allow sole consideration of the HOPE VI Grant. Commissioner Palmer stated that rescheduling the Commission Workshop concerning newsracks is not necessary; that discussing newsracks will not consume significant time; that the HOPE VI Grant is a more important issue than newsracks; that discussing the HOPE VI Grant at the 2 p.m., June 18, 2001, Commission Workshop will allow more time to consider and formulate a decision; that newsracks could be discussed at the same workshop if desired. Mayor Hogle stated that discussing the HOPE VI Grant funding sources at the 2 p.m., June 18, 2001, Commission Workshop is supported; that discussing any potential concerns or issues at the Commission Workshop will conserve significant time for the June 18, 2001, Regular Commission meeting. Commissioner Quillin concurred. 19. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY ATTORNEY TO DRAFT AN ORDINANCE AMENDING ORDINANCE NO. 99-4119, REGARDING THE PRESENT RIGHT - OF -WAY PARKING ORDINANCE REGULATING STOPPING, STANDING OR PARKING BETWEEN CURB OR EDGE OF PAVEMENT AND PROPERTY (CITY CODE 33-112) = DIRECTED THE CITY ATTORNEY'S OFFICE TO REVISE ORDINANCE NO. 99-4119 TO INCORPORATE THE DEFINITION OF THE PUBLIC RIGHT-OF-WAY AS BETWEEN THE STREET AND THE SIDEWALK (AGENDA ITEM VII-1) #3 (1180) through (1695) BOOK 49 Page 21222 06/04/01 6:00 P.M. BOOK 49 Page 21223 06/04/01 6:00 P.M. Gordon "Skip" Jolly, Chief of Police, and Thomas "Stan" Duncan, Lieutenant, Sarasota Police Department (SPD), came before the Commission. City Manager Sollenberger stated that Buck Lovegrove, a City resident, recently received a citation for parking in the public right-of-way near his home; that Mr. Lovegrove had parked in the right-of-way in front of his home for many years without previously receiving a citation; that Mr. Lovegrove has installed paver blocks in the right-of-way on which he parked his vehicle; that the citation motivated Mr. Lovegrove to examine other locations within the City for which similar citations might be issued; that Mr. Lovegrove pointed out the ambiguity and lack of clarity of the Sarasota City Code (City Code) concerning the prohibition of parking in the public right-of-way; that Mr. Lovegrove also discussed the matter with SPD Staff. Chief Jolly stated that Ordinance No. 99-4119 prohibits parking in the public right-of-way in the City but includes an ambiguous and confusing definition of right-of-way" that SPD initially attempted to enforce Ordinance No. 99-4119 through public education efforts; that citizens indicated the regulations in Ordinance No. 99-4119 were confusing and unclear; that SPD Officers also indicated difficulty in enforcing the regulations in Ordinance No. 99-4119 as a result of the ambiguous definition of the public right-of-way; that the definition of right-of-way changes according to the street type and the local geography of particular locations in the City; that SPD is currently unable to fully enforce Ordinance No. 99-4119 and to effectively explain the pertinent regulations to local citizens; that SPD recommends revising Ordinance No. 99-4119 to provide a clear and more precise definition of public right-of-way. Lieutenant Duncan referred to computer-generated slides of photographs of vehicles parking in the public right-ot-way at various locations in the City, gave a slide presentation of examples of illegally parked vehicles in the public right-of- way, and stated that Mr. Lovegrove provided the photographs of the vehicles and had previously utilized the photographs in court to seek dismissal of the citation for parking in the public right-of-way; that SPD recently issued citations to numerous citizens for parking in the right-of-way; however, the citations were dismissed in court as a result of the ambiguous language in Ordinance No. 99-4119; that the court indicated citations would be dismissed if proper signage was not located at or near the location at which the citation was issued or if the right-of-way was not clearly delineated; that according to the language of Ordinance No. 99-4119, any private parking area adjoining a street would be considered in the right-of-way and would result in the issuance of citations for any vehicles parked therein; that the right-of-way in the City varies from 8 to 22 feet in width; that Mr. Lovegrove had been parking in front of his home for over 15 years; that signage indicating parking was not allowed was not located in front of Mr. Lovegrove's home; that a clear delineation between the right-of- way and private property does not exist near most private residences. Commissioner Quillin asked if Ordinance No. 99-4119 distinguishes between commercial and residential properties? Lieutenant Duncan stated no; that many citizens park personal vehicles in front of their homes and are not aware of the City's regulations concerning parking in the right-of-way; that the delineation between the right-ot-way and private property is unclear on many properties in the City; that SPD citations for parking in the right-of-way will be dismissed if the right-of- way and private property are not clearly delineated. Chief Jolly stated that the recommendation is to direct the City Attorney's Office to revise Ordinance No. 99-4119 to prohibit parking between the curb of a street and the sidewalk; that prohibiting parking between the curb and the sidewalk is easily enforced but will not remedy all potential parking issues; however, Ordinance No. 99-4119 is presently unenforceable. Commissioner Martin asked if vehicles parking in a driveway overlapping onto a sidewalk is illegal? Chief Jolly state that parking on or blocking a sidewalk is illegal. Commissioner Quillin stated that specitying the curb as part of the prohibition might not be preferred as a significant number of private residences in the City have sidewalks but no curbs; that the edge of the street or pavement should be specified instead; that signage prohibiting the parking of vehicles in the right-of-way should be posted in neighborhoods without sidewalks if requested. Commissioner Palmer stated that the parking of vehicles in the rights-of-way is a major concern in the Gillespie Park and Park BOOK 49 Page 21224 06/04/01 6:00 P.M. BOOK 49 Page 21225 06/04/01 6:00 P.M. East Neighborhoods; that the City's neighborhood associations and the Coalition of City Neighborhood Associations (CCNA) should be informed of the proposed changes to Ordinance No. 99-4119; that input could be sought from the CCNA and neighborhood residents concerning potential further regulations regarding the parking of vehicles in the rights-of-way. Chief Jolly stated that the regulations of other jurisdictions concerning the parking of vehicles in the right-of-way will be examined. City Manager Sollenberger stated that the Administration recommends directing the City Attorney's Office to revise Ordinance No. 99-4119 to incorporate the definition of the public right-of-way as between the street and the sidewalk. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to direct the City Attorney's Office to revise Ordinance No. 99-4119 to incorporate the definition of the public right-of-way as between the street and the sidewalk. Commissioner Martin stated that the City is currently attempting to install new sidewalks in many neighborhoods; that the City's policy is to install new sidewalks only if a majority of property owners on a street request installation; that defining the right- of-way as between the curb and the sidewalk will discourage local property owners from requesting the City install sidewalks; that alternate definitions of right-of-way should be examined if possible; that the desire is to have sidewalks in all City neighborhoods to promote pedestrian access. Chief Jolly stated that neighborhoods with strong neighborhood associations will seek the installation of sidewalks regardless of the opinions of property owners currently parking vehicles in the rights-of-way; that the City may experience difficulty installing sidewalks in neighborhoods with weak neighborhood associations as property owners will be the sole or major source of public input. Commissioner Quillin stated that further legal research of the regulations of other local jurisdictions may yield an alternate definition of right-of-way which does not specify sidewalks; that appropriate signage indicating the prohibition of parking could be installed in neighborhoods to ensure property owners are not illegally parking personal vehicles; that Ordinance No. 99-4119 should also be revised to apply to residential areas only; that commercial properties frequently have parking areas which extend to the curb of a street. Chief Jolly stated that the City Attorney's Office will be requested to revise Ordinance No. 99-4119 as desired by the Commission. Commissioner Palmer stated that the Department of Neighborhoods should be instructed to inform all neighborhood associations and the CCNA of the City's current and proposed regulations regarding the parking of vehicles in the rights-of-way. City Manager Sollenberger stated that Staff of the Department of Neighborhoods will be instructed as desired by the Commission. Mayor Hogle called for a vote on the motion to direct the City Attorney's Office to revise Ordinance No. 99-4119 to incorporate the definition of the public right-of-way as between the street and the sidewalk. Motion carried unanimously (4 to 0) : Martin, yes; Palmer, yes; Quillin, yes; Hogle, yes. 20. NEW BUSINESS: STATUS REPORT RE: WATER RESTRICTIONS COMPLIANCE AND ENFORCEMENT - DIRECTED THE CITY ATTORNEY'S OFFICE TO DRAFT AN ORDINANCE WHICH REQUIRES ENFORCEMENT OF THE CITY'S WATER RESTRICTIONS ON A COMPLAINT BASIS ONLY (AGENDA ITEM VII-2) #3 (1695) through (2465) City Manager Sollenberger stated that the Commission previously requested a status report concerning the City's water restrictions; that a presentation concerning the City's current water restrictions, enforcement efforts, and potential actions if enhanced entorcement efforts are desired will be provided. William Hallisey, Director of Public Works, Javier Vargas, Utilities Supervisor, Plant and Operations Maintenance, Public Works Department, and Michael Connolly, Attorney, City Attorney's Office, came before the Commission. Mr. Hallisey referred to displayed computer-generated slides indicating the City's water demand and usage during the months of April 1998, 1999, 2000, and 2001, and stated that Staff previously provided a presentation concerning the City's current water supply during the February 22, 2001, Commission Workshop; that an important component of the City's water supply is the City's water conservation program; that the City imposes water restrictions to conserve water; that Staff continues to monitor water usage, to BOOK 49 Page 21226 06/04/01 6:00 P.M. BOOK 49 Page 21227 06/04/01 6:00 P.M. further the City's public education program concerning water conservation, and to promote voluntary entorcement efforts; that the month of April is usually the month during which the City experiences the greatest water demand due to dry weather conditions; that water demand during April 1998 was lower than average due to El Nino weather conditions which resulted in significant rainfall; that the current drought started in 1999; that water demand peaked during April 1999 and has steadily declined despite persisting drought conditions; that a similar pattern has occurred for irrigation water demand, which was lower than average during 1998, peaked in 1999, and has steadily declined to the present time; that the decline in water usage over the past two years indicates the majority of water customers are complying with the City's water restrictions; that Mr. Vargas is responsible for responding to complaints regarding violations of the City's water restrictions. Mr. Vargas stated that reports of violations are received from concerned citizens, Public Works Staff such as water meter readers, Sarasota Police Department (SPD) Staff, and various County Staff; that complaints are received by fax, electronic- mail, or telephone call; that two certified Public Works technicians usually respond within 24 hours of receipt of a complaint; that a friendly approach is adopted towards violations of the City's water restrictions; that Staff visits the site of the violation and discusses the particular violation with the water customer; that the purpose of Staff's visit is to educate the water customer concerning the City's water restrictions and the nature of the particular violation; that the majority of violations occur as a result of a lack of knowledge concerning the City's water restrictions; that the majority of offenders do not commit a second violation; that the majority of offenses are from private well use; that many water customers are not aware the City's water restrictions apply to private wells; that Staff also provides informational brochures concerning the City's water restrictions to the water customer during a visit concerning a violation; that informational brochures are also provided from the Southwest Florida Water Management District (SWFWMD) i that since December 2000, 82 violations of the City's water restrictions have been reported; that only two water customers are repeat violators; that the City's water restrictions are currently operating efficiently and effectively. Commissioner Quillin asked the procedure for dealing with repeat violators of the City's water restrictions? Mr. Vargas stated that Staff visits repeat violators each time a violation is reported; that the City's water restrictions are reinforced and repeated. Commissioner Quillin asked if the City fines or terminates the water supply to the repeat violator? Mr. Vargas stated no. Commissioner Quillin stated that 82 violations are acceptable; that other jurisdictions experience significantly more violations of applicable water restrictions; and asked if signage is posted near properties utilizing reuse water for irrigation purposes? Mr. Vargas stated yes; that signage is located in the public right-of-way to inform other residential water customers of the City's urban reuse system; that the signage is provided to each residential water customer utilizing the City's urban reuse system. Commissioner Quillin stated that the City's efforts to provide signage to residential water customers utilizing the City's urban reuse system is supported; that the City's urban reuse system should be actively marketed to encourage further use by residential water customers for irrigation purposesi that the County is similarly encouraging water customers to utilize reuse water for irrigation purposes; that the efforts of citizens to observe the City's water restrictions and conserve water are appreciated. Commissioner Martin stated that encouraging residential water customers to utilize reuse water is supported; that the City's urban reuse system should be expanded to all neighborhoods; and asked if the City's urban reuse system is also governed by water restrictions? Mr. Hallisey stated that water restrictions do not currently govern the usage of reuse water; that the City encourages reuse water customers to follow efficient irrigation practices; that the lack of water restrictions on reuse water is currently a selling point to encourage connection to the City's urban reuse system; that water restrictions will likely be imposed on reuse water in the future; that the City's water restrictions currently allow water customers to utilize potable water for irrigation purposes only one day per week; that water customers are divided into two watering groups to reduce the impact on the City's water supply; that enforcing the water restrictions is easy for Staff if irrigation only occurs twice per week; however, water demand BOOK 49 Page 21228 06/04/01 6:00 P.M. BOOK 49 Page 21229 06/04/01 6.:00 P.M. significantly still peaks for the City's water utility systems on the two allowed watering days each' week; that water demand is frequently difficult to meet on the allowed watering days; that other jurisdictions are considering allotting water customers a certain amount of water instead of restricting irrigation to certain days; that peak demand would be reduced; that the current reuse water supply allows the City to meet current reuse water demand; therefore, restrictions on reuse water are not currently necessary; however, restrictions may be required in the future if more water customers utilize reuse water; that many violations of the water restrictions result from malfunctioning irrigation equipment; that timers on irrigation equipment can frequently malfunction and initiate irrigation; that citizens sometimes report irrigation which utilizes reuse water as a violation; that the reports result from a lack of proper posting of signage indicating the usage of reuse water; that one problem is maintaining the signage, which is frequently stolen to cover illegal usage of potable water; that Staff replaces any stolen signage; that the City Attorney's Office could be directed to draft an ordinance to revise the City's current water restrictions if desired by the Commission. Attorney Connelly referred to a copy of current SWFMWD water restrictions and stated that the current SWFMWD water restrictions are extensive and too cumbersome; that the City's water restrictions could be revised to provide more stringent enforcement procedures without the extensive nature of the SWFMWD water restrictions; that the SWFMWD water restrictions separate the types of water customers according to the current weather conditions; that the City could specify the type of penalties which apply to certain violations to facilitate enforcement efforts; that the Commission must consider carefully the available enforcement mechanisms; that one option for an enforcement mechanism is municipal prosecution utilizing the misdemeanor court system; however, the City Attorney's Office does not recommend utilizing the misdemeanor court system to adjudicate water restriction violations; that another option is to utilize the special master process for the City's code enforcement system; that the City could levy a lien against a violator's property if the fine is not paid; that the suggested maximum fine is $250 per day per violation; that repeat violators could be subjected to a maximum fine of $500 per day per violation; that implementing a fine mechanism would allow the City to eliminate any serious violations of the water restrictions. Commissioner Quillin stated that Staff indicated the majority of the City's water customers are abiding by the current water restrictions; that violations are minimal; that complaints concerning violations of the City's water restrictions are received from citizens; however, citizens are also instructed to notify SWFMWD of any violations; that the Commission should only consider drafting an ordinance if drought conditions persist and violations of the City's water restrictions significantly increase; that an enhanced enforcement mechanism should be simple and easy to interpret and enforce. Mayor Hogle concurred and stated that revising the City's water restrictions is currently not required. Commissioner Martin stated that Staff's estimates of water restriction violations are respected; however, significant drought conditions currently exist; that despite the extended drought conditions, the St. Augustine grass of many lawns in the City is very green; that St. Augustine grass requires watering two to three times per week to survive and grow; that the indication is many water customers are violating the City's water restrictions by irrigating late at night or early in the morning when the probability of detection is minimal; that violations are probably more common than estimated. Commissioner Quillin stated that the City Attorney's Office should draft an ordinance which would only become effective if serious water violations begin to occur in the City; that many violations are probably not reported to the City; that the City's urban reuse system has not been but should be expanded to many areas of the City as soon as possible. Mr. Hallisey concurred. City Manager Sollenberger stated that the Administration does not have a recommendation; that the Commission had previously requested a status report concerning the City's current water restrictions and enforcement efforts; that the City has only received 82 complaints of water restriction violations since December 2000; that a significant number of water restriction violations are probably not reported; that repeat violators will also probably continue to violate the City's water restrictions; however, the majority of water customers are observing the City's water restrictions; that an ordinance could be drafted incorporating penalties only for repeat violators if desired; that the City should not adopt enforcement regulations which require Staff to patrol regularly for water restriction BOOK 49 Page 21230 06/04/01 6:00 P.M. BOOK 49 Page 21231 06/04/01 6:00 P.M. violations; that water restriction violations should be handled on a complaint basis only; that the City Attorney's Office should be instructed to draft a simple ordinance which requires enforcement of the City's water restrictions on a complaint basis only. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to direct the City Attorney's Office to draft a simple ordinance which requires enforcement of the City's water restrictions on a complaint basis only. Commissioner Martin stated that the current water restrictions are enforced on a complaint basis; that additional regulations are not required. City Manager Sollenberger stated that the purpose of drafting an ordinance would be to impose a penalty for violations of the City's water restrictions; that the foremost intent is to penalize repeat violators. Commissioner Palmer concurred. Mayor Hogle called for a vote on the motion to direct the City Attorney's Office to draft a simple ordinance which requires enforcement of the City's water restrictions on a complaint basis only. Motion carried unanimously (4 to. 0) : Martin, yes; Palmer, yes; Quillin, yes; Hogle, yes. 21. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (2465) There were no Commission Board or Committee reports. 22. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA AUTHORIZED THE ADMINISTRATION TO DEVELOP A GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO CITIZENS DESIRING TO ATTEND THE FLORIDA NEIGHBORHOODS CONFERENCE IN ORLANDO, FLORIDA; RESCHEDULED THE JULY 12, 2001, COMMISSION BUDGET WORKSHOP TO ALLOW COMMISSIONERS TO ATTEND THE FLORIDA LEAGUE OF CITIES SUBCOMMITTEE MEETINGS IN ORLANDO, FLORIDA; SCHEDULED AN ATTORNEY - CLIENT MEETING FOR JUNE 11, 2001, AT 10:30 A.M.; APPROVED SUBMITTING A FORMAL LETTER OF SUPPORT FOR THE COUNTY'S GRANT APPLICATION TO THE STATE SCHOOL READINESS COALITION; AND APPROVED DRAFTING A FORMAL LETTER TO THE DIVISION OF CULTURAL AFFAIRS, FLORIDA DEPARTMENT OF STATE, SUPPORTING THE CIRCUS OF SARASOTA'S NOMINATION OF LOU JACOBS TO THE FLORIDA ARTIST'S HALL OF FAME (AGENDA ITEM X). #3 (2465) through #4 (0210) COMMISSIONER QUILLIN: A. stated that the Commission typically receives Commission packets and the Agenda materials for the public hearings of Regular Commission meetings two Fridays prior to the meeting date; that remainder of the Agenda materials for a Regular Commission meeting should be received by the Wednesday prior to the meeting date; that the significant number of Agenda items for a Commission meeting require significant time to consider the Agenda backup material; that regulations should be established to encourage City departments to submit all applicable materials to the Office of the City Auditor and Clerk in a timely manner to ensure Commission packets and Agenda materials are submitted to Commissioners by the Wednesday prior to the meeting date. B. stated that all Commission meetings, whether formal or informal, should be noticed to the public and should include an agenda; that the Commission recently took trips to Bradenton and Palm Beach, Florida; that an agenda should be provided to Commissioners and the public for all Commission meetings; that an agenda was not prepared for the Commission's recent trip to Palm Beach, Florida; that her desire was to spend only part of the day in Palm Beach, Florida, and to drive to the destination in the morning and return in the evening in a timely fashion; however, an agenda had not been established for the Commission's activities; that she did not know how long the Commission planned to visit particular sites; that the Commission's recent field trip to Bradenton also did not include an agenda; that she was not aware of who and what the Commission was visiting; - that the public was not informed of the Commission's schedule while visiting Bradenton; that public participation in the Commission field trips was stymied; that any noticed Commission field trips should include an agenda which indicates all the Commission's destinations, with whom the Commission is planning to meet, and a time schedule. Commissioner Palmer stated that the agenda for a Commission field trip should be flexible; that certain opportunities come up at the BOOK 49 Page 21232 06/04/01 6:00 P.M. BOOK 49 Page 21233 06/04/01 6:00 P.M. last minute; that the Commission should be allowed flexibility during field trips to take advantage of any opportunities; that Commission field trips are noticed and an agenda should be included if possible; however, flexibility should also be allowed. Commissioner Quillin stated that the Commission has a responsibility to notice meetings properly and to provide an agenda for Commission meetings to the public; that the agenda for a Commission field trip should indicate the reason the trip is being conducted and with whom the Commission is planning to meet; that members of the public may decide and should be encouraged to participate; that a schedule should also be included to Eurther encourage public participation; that two citizens desired to participate in the Commission's field trip to Bradenton but could not due to the lack of a schedule. Commissioner Palmer stated that a schedule and agenda should be developed if possible; however, some Elexibility should be allowed Commissioners during such field trips. C. stated that the United States (US) Census information released recently was interesting; that the 45- to 54- year-old age group is the fastest growing in the City at a 47.27 percent growth rate; that the US Census information should be incorporated into a financial feasibility study and the City's effort to formulate a Strategic Plan; that the US Census intormation could be utilized to enhance the City's services. to the community. D. stated that grants should be provided to encourage citizens to attend the Florida Neighborhoods Conference which will be held in Orlando, Florida; that the National Neighborhoods Conference was recently attended in Pittsburgh, Pennsylvania; that citizens should be actively encouraged to attend conferences focused on neighborhood and community improvement; that the National Neighborhoods Conference will be held in Houston, Texas, during 2002. City Manager Sollenberger stated that developing a grant program for the Florida Neighborhoods Conference will be discussed with Staff. Commissioner Palmer stated that the Florida Neighbornoods Conference was held in St. Petersburg, Florida, three years ago; that the City provided transportation for a significant number of citizens; that developing a grant program to encourage citizens to attend the Florida Neighborhoods Conference is supported. City Manager Sollenberger stated that a proposal for the grant program to fund citizens desiring to attend the Florida Neighborhoods Conference will be prepared. Commissioner Quillin stated that funds remain from the grant program for the National Neighborhoods Conference; that 10 grants were available for citizens; however, only three citizens attended the National Neighborhoods Conference. Commissioner Martin asked the funding source for the grant program? Commissioner Quillin stated that the funds generated from the Vehicle Impoundment Program (VIP) are utilized for nuisance abatement and neighborhood improvement and were previously utilized as the funding source for the grant to citizens attending the National Neighborhoods Conference; that the three citizens who attended the National Neighborhoods Conference indicated the conference was enjoyed and attendance during 2002 at the Houston, Texas, Conference was desired; that grants should also be established to encourage citizens to travel to similar national or state conferences. E. stated that Jack Gadsby passed away on June 1, 2001; that Mr. Gadsby was a community activist in Arlington Park and actively participated in the Neighborhood Watch Program; that Mr. Gadsby retired from a position with the Sarasota County School System; that Mr. Gadsby will be sorely missed and was greatly appreciated. COMMISSIONER PALMER: A. stated that the US Census information was greatly appreciated and was fascinating; that the US Census information should be studied closely; that the City's population among the 35- to 59-year-old age groups increased significantly; that age groups over 60 years old to 85 years old have decreased in the City; that the City's median age is increasing; that the number of married couples with families decreased significantly and is a concern; that the increase in Owner-occupied BOOK 49 Page 21234 06/04/01 6:00 P.M. BOOK 49. Page 21235 06/04/01 6:00 P.M. housing is pleasing; that the decrease in renter- occupied housing will not exacerbate the City's current problems with rental units; that owner-occupied housing should be encouraged; that US Census information should be incorporated into the financial sustainability study and the formulation of the City's strategic plan. B. stated that in the May 23, 2001, letter, regarding the Sarasota County Boat Facility Siting Committee, Staff suggested the City hire a professional consultant to draft an ordinance to revise the City's dock regulations; that the Administration should be authorized to pursue the hiring of a professional consultant as recommended by Staff. City Manager Sollenberger stated that the Commission has two options regarding dock regulations; that the first option is to allow the County to regulate docks; that the second option is to hire a professional consultant to develop an ordinance revising the current dock regulations and to allow the City to continue to regulate docks; that Staff suggested the City hire a professional consultant if the Commission desires to maintain jurisdiction over docks in the City; that the County is currently formulating a dock-siting ordinance; that the City should wait until the County completes the dock-siting ordinance; that a decision to retain jurisdiction can be made later; that the City would be required to hire a professional consultant to provide environmental expertise if the City retains jurisdiction; that the County dock-siting ordinance will be examined upon completion. Mayor Hogle asked if the Commission will receive a recommendation within 120 days? City Manager Sollenberger stated yes. Commissioner Palmer stated that the concept of allowing the County to regulate docks located within the City was previously discussed; that the Commission should retain final approval of any changes to docks in the City; that County Staff and resources should be utilized if possible. City Manager Sollenberger stated that the City may be required to pay for the services of the County; that an interlocal agreement to outline the nature of the services provided to the City would be required if the County provides services related to dock approval; that the City does not currently have a City department dedicated solely to environmental protection; however, the County has a department dedicated to environmental protection; that the Sarasota County Environmental Services Staff is well trained; that initiating a new City department would require significant funds; that the costs to utilize County Staff and services would be less than initiating a new City department. Commissioner Palmer stated that the issue of the regulation of docks in the City should be referred to the Administration. Commissioner Quillin stated that an interlocal agreement could be developed allowing the County to regulate docks in the City yet providing the Commission final approval of any regulatory changes. City Manager Sollenberger concurred and stated that the City could charge customers for County Staff services through the City's billable fee system if desired; that dock services should be paid only by the individuals requiring the services and should not be paid utilizing public tax revenues; that the Administration will provide a presentation to the Commission later during the Summer 2001. C. stated that the April 2001 Sarasota Police Department (SPD) Report indicated over 500 vehicles have been impounded since 1997 as part of the Vehicle Impoundment Program (VIP); that each vehicle generates $500 in revenue for the City; that the VIP program has generated total revenues of approximately $250,000 for the Cityi that the result is pleasing; that SPD's efforts to manage the VIP are appreciated. City Manager Sollenberger stated that the VIP has also allowed the City to effectively reduce street prostitution. COMMISSIONER MARTIN: A. stated that many telephone calls were recently received from citizens concerning the reopening of the Steigerwaldt-Jockey Fountain, also called the children's fountain; that the efforts of Public Works Staff to repair and reopen the children's fountain are appreciated; that the repairs were necessary to ensure the health of children; that parents expressed frustration but understood the repairs were required and were remarkably patient with Staff's efforts to repair the children's fountain; that the temporary closing of the children's Eountain will soon be BOOK 49 Page 21236 06/04/01 6:00 P.M. BOOK 49 Page 21237 06/04/01 6:00 P.M. forgotten; that use of the children's fountain continues as if the closing never occurred. Mayor Hogle stated that Vice Mayor Mason requested the Commission hold a celebration to commemorate the reopening of the children's fountain; that Staff and the public should also be encouraged to attend; that the celebration could be held on a Saturday morning to encourage public attendance. Commissioner Palmer concurred. B. stated that he and Commissioner Palmer will be attending the New Urbanism Conference from June 6 to 10,. 2001, in New York City; that an informal report concerning the activities of the New Urbanism Conference will be provided to the Commission if desired. MAYOR HOGLE: : A. stated that the Florida League of Cities (FLC) subcommittee meetings are scheduled for July 12, 2001, in Orlando, Florida; that four Commissioners are members of an FLC subcommittee; that a Commission Budget Workshop is currently scheduled for July 12, 2001, and should be rescheduled if possible to allow Commissioners to attend the FLC subcommittee meetings. City Manager Sollenberger stated that the only pertinent deadline for consideration of the City budget is the deadline to certify the millage rate to the County Property Appraiser; that the deadline for certitying the millage rate will probably be near August 1, 2001; that the City Budget Workshops could be rescheduled if desired. Commissioner Quillin stated that the Commission Budget Workshops begin at 2 p.m. but could commence earlier each day if desired. Commissioner Palmer stated that changing the schedule of the Commission Budget Workshops is supported. Commissioner Quillin stated that the Commission Budget Workshops scheduled for July 9 and 10, 2001, could be rescheduled to commence in the morning. City Manager Sollenberger stated that the schedule for the Commission Budget Workshops will be discussed with Staff to ensure the requested changes do not negatively impact any Staff member's scheduled presentations or meetings; that the revised schedule to consider the proposed City Budget will be provided to the Commission at the June 18, 2001, Regular Commission meeting. B. stated that a Commission attorney-client session was originally scheduled for June 12, 2001, at 5 p.m.; however, Commissioner Quillin indicated she would not be able to attend; that the. attorney-client session could be scheduled for June 13, 2001, at either 2 p.m. or 10 a.m. Commissioner Martin stated the attorney-client session should occur as soon as possible; that the attorney-client session should be held on June 11, 2001, if possible. Commissioner Quillin stated that she is scheduled to attend a Sarasota/Manatee Metropolitan Planning Organization (MPO) meeting the afternoon of June 11, 2001; however, the attorney-client session could be held in the morning. Commissioner Palmer asked the time required for the attorney- client session? Deputy City Auditor and Clerk McGowan stated one to two hours. Commissioner Palmer stated she and Commissioner Martin will be returning from the New Urbanism Conference late at night on June 10, 2001; that scheduling the attorney-client session for late morning or the afternoon on June 11, 2001, is preferred. Mayor Hogle stated that hearing no objections, the consensus of the Commission is to schedule the attorney-client session for June 11, 2001, at 10:30 a.m. Commissioner Palmer asked the location of the out-of-sunshine meeting? Deputy City Auditor and Clerk McGowan stated that Special meeting to call the attorney-client session will be held in the Commission Chambers; that the Commission will reconvene the attorney-client session, which is not open to the public, in Room 109 of City Hall; that the location for the Special meeting will be indicated on the notice. C. stated that correspondence was recently received from County Commissioner Shannon Staub, who is requesting the Commission submit a formal letter of support for the BOOK 49 Page 21238 06/04/01 6:00 P.M. BOOK 49 Page 21239 06/04/01 6:00 P.M. County's Grant application to the State School Readiness Coalition. Mayor Hogle stated that hearing no objections, the consensus of the Commission is to approve submitting a formal letter of support for the County's Grant application to the State School Readiness Coalition. D. stated that the Division of Cultural Affairs, Florida Department of State, routinely accepts nominations to the Florida Artists Hall of Fame; that the Circus of Sarasota would like to nominate Sarasota artist Lou Jacobs, who was filmed in the movie entitled "The Greatest Show on Earth"; that a formal letter could be written to support the nomination of Mr. Jacobs. Mayor Hogle stated that hearing no objections, the consensus of the Commission is to approve drafting a formal letter to the Division of Cultural Affairs, Florida Department of State, supporting the Circus of Sarasota's nomination of Lou Jacobs to the Florida Artists Hall of Fame. 23. ADJOURN (AGENDA ITEM XII) #4 (0210) There being no Eurther business, Mayor Hogle adjourned the Regular meeting of June 4, 2001, at 10:49 p.m. 04744 ALBERT F. HOGLE, MAYOR ATTEST: C - : 13. Lhy &: Ra BILLY-E. ROBINSON, CITY AUDITOR AND CLERK : - 0