MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 6, 1999, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : Vice Mayor Gene M. Pillot PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR NOVEMBER 1999, CHRIS CATANZARO, POLICE OFFICER 1ST CLASS, POLICE DEPARTMENT #1 (0025) through (0185) City Manager Sollenberger requested that John Lewis, Chief of Police, Edward Whitehead, Captain, Sarasota Police Department, and Chris Catanzaro, Police Officer 1st Class, join him before the Commission. Chief Lewis stated that Officer Catanzaro is assigned to the Criminal Investigation Unit and is one of the original four police officers assigned to the Drug Abuse Resistance Education (D.A.R.E.) Program begun ten years ago. Captain Whitehead stated that Officer Catanzaro works as the City's Gang Coordinator and has exemplified the City's goals of safe neighborhoods and communities working together; that Officer Catanzaro has instituted programs and ideas to eradicate gang activity and teaches gang resistance education in the schools, including safe school programs; that Officer Catanzaro's knowledge of gang members and tracking gangs' activities has proven a valuable asset in solving many crimes, including the graffiti problem in Gillespie Park and at the Tenth Street boat rampi that Officer Catanzaro's knowledge of gang activities was evident during a search for a Federal fugitive upon recalling the fugitive's family address from memory while home recovering from surgery. Mayor Cardamone presented Officer Catanzaro with a City-logo watch, a plaque, and a certificate as the November 1999 Employee of the Month in appreciation of her unique pertormance with the BOOK 46 Page 18906 12/06/99 6:00 P.M. BOOK 46 Page 18907 12/06/99 6:00 P.M. City of Sarasota; congratulated her for her outstanding efforts; and stated that Officer Catanzaro's service is appreciated. Officer Catanzaro thanked the Commission for the award and recognized family members and friends present in the audience: Lorraine Moutrie, grandmother from St. Louis, Karen Catanzaro, mother, Sue Woniya, friend, and Nicholas Catanzaro, son 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED; APPROVED TO CONSIDER AGENDA ITEM IV-B-2 PRIOR TO AGENDA ITEM IV-B-1 #1 (0185) through (0775) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-3, Approval Re: Initiate a Comprehensive Plan Amendment for The New College Foundation, per the request of City Manager Sollenberger. B. Add Consent Agenda No. 1, Item No. III A-9, Approval Re: Request funding for fireworks; staging, lights, grandstands, tents, etc., in the amount of $12,000 and for 12 Dreams 2000: flags at $907 by the Downtown Association of Sarasota for the millennium celebration, per the request of City Manager Sollenberger. C. Add Consent Agenda No. 1, Item No. III A-10, Approval Re: Authorize the Mayor and City to execute the Interlocal Agreement between the City of Sarasota and Sarasota County providing for the cooperative development and administration of City and County Government Access Television, per the request of Deputy City Manager Schneider. D. Add Consent Agenda No. 2, Item No. III B-8, Adoption Re: Proposed Resolution No. OOR-1240, adopting a schedule to process an administrative small scale development amendment to the Future Land Use Map of the Comprehensive Plan (a/k/a Sarasota City Plan [1998]) for The New College Foundation, etc., per the request of City Manager Sollenberger. E. Add Unfinished Business, Item No. VI-1(b), Approval Re: Proposal by Café Kaldi to lease the Lemon Avenue Mall property on a month-to-month basis, per the request of City Manager Sollenberger. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yesi Cardamone, yes. Mayor Cardamone stated that a request has been received from Bruce Franklin, President, Land Resources Strategies, Inc., Applicant as agent for owners Gregory and Gail Carlson, concerning Application No. 99-RE-15 being considered under Agenda Item IV-B-2 to change the order of the Agenda and consider before Agenda Item IV-B-1; that the request is being made as the Applicant has a hearing before another government entity later in the evening; that the Commission's practice is not to change the order of the Agenda; however, the Commission may change the order of the Agenda if desired. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to consider Agenda Item IV-B-2 before Agenda Item IV-B-1. Commissioner Quillin asked if a request was received in writing? City Auditor and Clerk Robinson stated yes and referred to a December 6, 1999, letter from the Applicant indicating the request is being made as attendance is required at a public hearing before the Sarasota County Board of Zoning Appeals. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. Commissioner Hogle stated that Agenda Item IV-B-1 concerns proposed Ordinance Nos. 00-4184 and 00-4185 regarding an Impervious Surfaces Overlay District (ISOD) ; that the Administration has worked hard on the proposed ordinances; however, the proposed ordinances are unclear and have ambiguous meanings; that supporting studies or evidence are not found attached to the proposed ordinances; that a possibility is proposed Ordinance Nos. 00-4184 and 00-4185 should be referred to the Administration for further review prior to the public hearing. Mayor Cardamone asked for legal clarification concerning the advertised public hearing. City Attorney Taylor stated that the public hearing was advertised; that two proposed ordinances are presented, the second of which requires two public hearings; that some problems are associated with the proposed ordinances as drafted; that the "C" factor portion of proposed Ordinance No. 00-4184 is difficult to understand; and referred to a December 6, 1999, electronic correspondence from Dennis Daughters, Director of Engineering/City Engineer, recommending the definition of Weight "C" factor be changed as follows: BOOK 46 Page 18908 12/06/99 6:00 P.M. BOOK 46 Page 18909 12/06/99 6:00 P.M. Delete: all the surfaces of a given area Insert: individual differing surfaces multiplied by the related surface area, thence Delete: volume of that Insert: total Resulting in the following definition: The sum of the "C" factors for individual differing surfaces multiplied by the related surface area, thence divided by the total area, thereby expressing a number reflecting the overall runoff factor of the area. City Attorney Taylor stated that the language in the proposed ordinance is not proper; that a mistake has been made in terms of the formula; that the request is for a language change in the proposed ordinance; that additionally, proposed Ordinance No. 00- 4185 does not include an exhibit delineating the boundaries of the area encompassed due to a computer problem; that a graphic has been provided but is of small scale; that, adopting an ordinance applying to an area of the City which has not been completely described is not recommended; that the public is always provided an opportunity to be heard if a public hearing is advertised as citizens may wish to have information placed in the public record; that the public hearing should be continued to another date to allow refinement of the proposed ordinances. Mayor Cardamone stated that having a flawed ordinance which has been the subject of lengthy discussion and which has been advertised for a public hearing is upsetting and should not happen; and asked if the recommendation is to hold the public hearing and continue to the December 20, 1999, Regular Commission meeting to allow adequate time to correct the concerns? City Attorney Taylor stated that readvertising may be necessary; that a number of people have signed up to speak; that the public, having taken time from busy schedules, should be afforded an opportunity to speak; that the legal advice will be not to adopt the proposed ordinances in the current form; that the public will have to return on another occasion to provide comment. Commissioner Quillin stated that the drainage requirement for residential properties was the subject of a workshop by the Board of Adjustment on October 11, 1995; and referred to an October 9, 1995, memorandum from Mark Singer, City Attorney's Office, to Timothy Litchet, then Acting Director, Building, Zoning and Code Enforcement, indicating discussions in 1993 and 1994 resulted in presentation of a proposed ordinance to the Commission on June 6, 1994. Commissioner Quillin stated that the proposed ordinance was rejected but was not brought forward again; that a workshop should be scheduled prior to presentation of proposed ordinarices to the Commission; that the proposed ordinances do not follow standard guidelines; that new guidelines are proposed; that Federal Emergency Management Agency (FEMA) maps and standardized flood zones should be utilized; that many questions are presented; that a workshop would be helpful; that the issues identified by the Board of Adjustment and the Planning Board/Local Planning Agency (PBLP) could be presented; that the objective is to respond to the community's desires; that the areas which regularly flood are of great personal concern; that the proposed ordinances will not accomplish the objective. Mayor Cardamone asked for legal clarification of the protocol of conducting a workshop concerning an issue which has already been approved by the PBLP. City Attorney Taylor stated that the proposed ordinances are presented to the Commission for the purpose of holding a public hearing, receiving public input and acting accordingly; that some disposition of the proposed ordinances as presented should be accomplished prior to conducting a workshop; that a possible disposition is refusal to adopt the proposed ordinances and directing Staff to schedule a workshop; that the proposed ordinances are scheduled for a public hearing at this time; however, holding the public hearing is not required, in which case the public hearing must be continued to another time and place; that a quasi-judicial process is being followed; that public input, which is not taken at a workshop, must be received; that procedurally, the public hearing should be opened for the purpose of continuing the discussion; that public comment can be received if desired. Commissioner Mason stated that the public is of the opinion a public hearing will be held; that the Commission has an obligation to hear the public input; that the public hearing could be continued to resolve outstanding issues. Commissioner Quillin stated that Staff has indicated the proposed ordinances as written should not be adopted; that the proposed ordinances should be referred back so the public can know the terms of any adopted ordinance; that receiving information which may never be used in an ordinance is not desired; that the proposed ordinances may not be returned to the Commission in the present form; that the public should participate with the Commission; however, public testimony concerning proposed ordinances which may change may not be helpful. City Attorney Taylor stated that the proposed ordinances are being presented after a quasi-judicial public hearing held by the PBLP; that an advertised formal process has been followed; that the BOOK 46 Page 18910 12/06/99 6:00 P.M. BOOK 46 Page 18911 12/06/99 6:00 P.M. Commission cannot deny the proposed ordinances without following the formal process. Commissioner Quillin stated that full information was not available until the Agenda material was received; that the Commission accepted the recommendation of the PBLP; that procedurally, the Commission should be able to stop the process and hold a workshop, despite advertising the public hearing. City Attorney Taylor stated that such action can be taken; however, the process by which to reach the desired outcome is the question. Mayor Cardamone stated that the legal recommendation is to proceed with and continue, if desired, the advertised public hearing. City Attorney Taylor stated that the recommendation is based on the Commission's policy of holding a public hearing once advertised as people are not always available on all dates; that anyone wishing to place information in the public record would be provided the opportunity; that the public hearing will be continued providing the public a subsequent opportunity for public input. Mayor Cardamone stated that the public could speak to the issue twice. City Auditor and Clerk Robinson stated that typically a public hearing which has been advertised has been held in the past. Mayor Cardamone stated that the Agenda will proceed as planned. 3. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 15, 1999 = APPROVED (AGENDA ITEM I) #1 (0775) through (0790) On motion of Commissioner Mason second of Commissioner Hogle, it was moved to approve the minutes of the November 15, 1999, Regular Commission meeting. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. 4. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF NOVEMBER 9, 1999 = SET APPLICATION NO. 99-HD-17 FOR PUBLIC HEARING; APPROVED APPROPRIATION OF $1,400 FROM THE HISTORIC PRESERVATION FUND FOR THE PURCHASE OF PLAQUES FOR THE GREAT FLORIDIANS 2000; RECEIVED REPORT (AGENDA ITEM II-1) #1 (0790) through (0960) Craig Holliday, Chairman of the Historic Preservation Board, and Michael Taylor, Deputy Director of Planning and Development, came before the Commission. Mr. Holliday presented the following items from the November 9, 1999, Regular meeting of the Historic Preservation Board: A. Application No. 99-HD-17 Re: The Dr. James A. and Delma S. Oliver House 324 Julia Place Mr. Holliday stated that a review by Staff from the Sarasota County Department of Historical Resources determined the structure located at 324 Julia Drive exemplifies the classic single-story frame, craftsman-style bungalow constructed in 1925; that the one-story bungalow is representative of the boom years which took place in downtown Sarasota during the 1920s during which time Laurel Park experienced its greatest growth; that the wood frame structure is built on a brick foundation; that the overhangs are generous and consist of exposed 2 by 4 roof framing members; that the front porch is an integral design feature with a front facing gable roof bisecting a large main gable roof running the length of the house and a half-height wall with square wood columns; that the exterior siding consists of wood shingles with circular saw cuts; that the windows are large double-hung wood; that the Historic Preservation Board unanimously recommends historic designation of the structure known as the Dr. James A. and Delma S. Oliver House, which meets the following criteria listed under Section IV-806 (A), Zoning Code (1998): 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to set Historic Designation Application No. 99-HD-17 for public hearing. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. B. Great Floridians 2000 Mr. Holliday stated that the Historic Preservation Board requests the Commission approve an appropriation of funding in the amount of $1,400 from the Historic Preservation Demolition Fund to purchase plaques for the Great Floridian 2000 nominees who are: Nominee Property Address Property Name Owen Burns and 400 - 506 Burns Ct. Burns Court Thomas Reed A.B. Edwards 61 N. Pineapple Ave. The Edwards Theater BOOK 46 Page 18912 12/06/99 6:00 P.M. BOOK 46 Page 18913 12/06/99 6:00 P.M. (Sarasota Opera House) David and 539 S. Osprey Ave. Sarasota Herald Building George Lindsay (Sarasota Women's Exchange) Dr. Joseph Halton 308 Cocoanut Ave. Halton House Karl Wallenda 1622 Arlington St. Wallenda House Harry Higel 3308 Higel Ave. Higel House John L. Early 1841 Oak St. John Early House Charles Ringling 1927 Ringling Blvd. Charles Ringling Building Mayor Cardamone stated that a description of the Great Floridians 2000 program would be helpful for the benefit of the public. Mr. Holliday stated that the effort is to identify and highlight great Floridians from the area by naming the properties for the people who were instrumental in the creation; that the plaques will identify the people rather than the structures and buildings. Mayor Cardamone asked if additional people can be identified? Mr. Holliday stated yes; that additional people have already been identified; that the Great Floridians 2000 presented are the first of many. City Manager Sollenberger stated that the Administration recommends the appropriation of $1,400 from the Historic Preservation Fund for the purchase of plaques for the Great Floridians 2000 Program. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve appropriation of $1,400 from the Historic Preservation fund for the purchase of plaques for the Great Floridians 2000 Program. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the report of the November 9, 1999, Historic Preservation Board meeting. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 5. BOARD ACTIONS: REPORT RE: PLANNING/LOCAL PLANNING AGENCY I S REGULAR MEETING OF NOVEMBER 3, 1999 - AFFIRMED THE DECISION OF THE PLANNING BOARD/LOCAL PLANNING AGENCY AND AGREED TO ADOPT RESOLUTION NOS. O0R-1236 AND O0R-1237 ON CONSENT AGENDA NO. 2; RECEIVED REPORT (AGENDA ITEM II-2) #1 (0960) through (1170) Robert Kantor, M.D., Chairman of the Planning Board/Local Planning Agency (PBLP), and Michael Taylor, Deputy Director of Planning and Development, and came before the Commission. Dr. Kantor presented the following items from the November 3, 1999, Regular PBLP meeting: A. Application Nos. 99-CU-15 and 99-SP-W Re: Mobile Oil Corporation 3708 North Tamiami Trail Dr. Kantor stated that at its November 3, 1999, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing regarding Conditional Use Application No. 99-CU-15 and Site Plan Application No. 99-SP-W to permit a self-service car wash as an accessory use to a motor vehicle fuel station near the northeast corner of North Tamiami Trail and Myrtle Street at 3708 North Tamiami Trail in the Commercial General (CG) Zone District; that the PBLP voted unanimously to find the Applications consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the Tree Protection Ordinance and to recommend Commission approval of the requests subject to the following conditions set forth in proposed Resolution No. O0R-1236: 1. The accessory self-service car wash shall be located as shown on the Site Plan dated October 25, 1999, and submitted with Application No. 99-SP-W which the PBLP approved at its regular meeting of November 3, 1999. All final building or construction plans shall be subject to a full review for compliance with applicable codes and development approvals by the Director of Building, Zoning and Code Enforcement. 2. The hours of operation for the accessory self-service care wash facility shall be limited to between 6 a.m. and 11 p.m. The facility shall be closed and non- operational between the hours of 11 p.m. and 6 a.m. Dr. Kantor stated that proposed Resolution No. O0R-1236 approving the Applications is presented as Consent Agenda No. 2, Item No. 2, if the Commission affirms the PBLP decision; that alternately, the Commission may choose to set the Applications for public hearing. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to affirm the decision of the PBLP and adopt Resolution No. O0R-1236 at the appropriate time on the Agenda. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. B. Application Nos. 99-CU-16, 99-SP-Z and 99-OSP-08 Re: Leonard Reid House BOOK 46 Page 18914 12/06/99 6:00 P.M. BOOK 46 Page 18915 12/06/99 6:00 P.M. 1435 and 1443 Seventh Street Dr. Kantor stated that at its November 3, 1999, meeting, the PBLP held a public hearing regarding Conditional Use Application No. 99-CU-16, Site Plan Application No. 99-SP-Z, and Off-Site Parking Agreement Application No. 99-OSP-08 regarding establishment of a child care center in an historically designated structure known as the Leonard Reid House near the northwest corner of Seventh Street and Cohen Way at 1435 Seventh Street in the Multi-Family Residential (RMF) -3 Zone District; that the Applications include a request for an outdoor play area and off-site parking in abutting property owned by the City at 1443 Seventh Street; that the PBLP voted unanimously to find the Applications consistent with the City's Comprehensive Plan and Tree Protection Ordinance and recommends Commission approval subject to the conditions set forth in proposed Resolution No. O0R-1237 as follows: 1. The child care center shall be located as shown on the Site Plan received by the PBLP on August 23, 1999, and submitted with Application No. 99-SP-Z which the PBLP approved at its regular meeting of November 3, 1999. All final building or construction plans shall be subject to a full review for compliance with applicable codes and development approvals by the Director of Building, Zoning and Code Enforcement. 2. The fence surrounding the outdoor play area shall be a minimum of four feet in height pursuant to Section VII- 602 (G) (5) (a), Zoning Code (1998). 3. Enrollment in the child care center shall be limited to no more than 30 children and the use of the outdoor play area shall be limited as prescribed by Section VII-602 (G) (5) (a), Zoning Code (1998). 4. Applicant shall construct a sidewalk on Lot 6 at his expense in accordance with the City of Sarasota Engineering Design Criteria Manual (EDCM) requirements. The sidewalk shall be constructed along the Seventh Street frontage only and shall extend from the boundary of Lot 5 to the Cohen Way right-of-way. Applicant has specifically disclaimed his entitlement to a waiver from the EDCM requirements pertaining to the construction of this sidewalk. (The administrative waiver obtained by the Applicant shall only apply to the sidewalk along Cohen Way and to the EDCM curb and gutter requirements.) 5. The Off-Site Parking Agreement approved pursuant to Application No. 99-OSP-08 shall be fully executed and recorded in the Public Records of Sarasota County, Florida. 6. The major conditional use shall not become effective and the applicant shall acquire no right to the major conditional use on either Lot 5 or 6 unless a lease agreement providing for the applicant's lease of Lot 6 from the City of Sarasota is approved by the City Commission. Dr. Kantor stated that proposed Resolution No. O0R-1237 approving the Applications is presented as Consent Agenda No. 2, Item No. 3, if the Commission affirms the PBLP decision; that alternately, the Commission may choose to set the Applications for public hearing. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to affirm the decision of the PBLP and adopt Resolution No. O0R-1237 at the appropriate time on the Agenda. Motion carried unanimously (4 to 0): : Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to receive the report of the November 3, 1999, Planning Board/Local Planning Agency (PBLP) meeting. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. 6. BOARD ACTIONS : REPORT RE: PUBLIC ART COMMITTEE' S REGULAR MEETING OF NOVEMBER 2, 1999 - APPROVED TO: 1) ADOPT A POLICY THAT FUTURE DONATED OR PURCHASED ART WORKS INCLUDE A PLAQUE OF STANDARD FORMAT PROVIDED BY THE CITY INDICATING THE TITLE OF THE ARTWORK, THE DONOR (S) AND/OR PURCHASER (S), THE ARTIST (S) - NAMES AND THE DATE OF COMMISSION AND 2) REFER TO THE ADMINISTRATION TO IDENTIFY FUNDING FOR A PLAQUE FOR THE DOLPHIN FOUNTAIN: RECEIVED REPORT (AGENDA ITEM NO. II-3) #1 (1170) through (1360) George Haborak, Chairman of the Public Art Committee, and Michael Taylor, Deputy Director of Planning and Development, and came before the Commission. Mr. Haborak stated that at its October 18, 1999, meeting, the Commission referred a request of Ellie Witthoefft to place plaques identifying artists and others associated with the steigerwalde-Jockey Fountain (also called the children's fountain) and the Dolphin Fountain located at Island Park to the Public Art Committee; that at its November 2, 1999, meeting, the Public Art Committee took the following actions: 1. No changes be made to the existing plaque on the steigervalde-Jockey Fountain (also called the children's fountain) on Island Park. BOOK 46 Page 18916 12/06/99 6:00 P.M. BOOK 46 Page 18917 12/06/99 6:00 P.M. 2. A plaque including the title of the fountain, the fountain's donor and the artist be approved for the Dolphin Fountain if the donor wishes to donate such a plaque. 3. Future donated and/or purchased artworks include a plaque of a standard format provided by the City indicating the title of the artwork, the donor(s) and/or purchaser (s), the artist(s) name and the date of commission. Mayor Cardamone asked if the recommendation is for the donor to pay for a plaque for an existing piece of public art? Mr. Haborak stated that the Dolphin Fountain was not submitted to the Public Art Committee; therefore, the Public Art Committee was of the opinion the funds should not come from the Public Art Fund. Mayor Cardamone stated that the Dolphin Fountain was a gift to the City; that the request concerning the plaque was forwarded to the Public Art Committee by the Commission; that requesting a donor to provide funds for a plaque is not preferred; that the Commission should consider supplying the plaque. Commissioner Quillin stated that the Dolphin Fountain did not go through the Public Art Committee; therefore, the Public Art Fund should not pay for the plaque; that a member of the public may wish to donate the cost of the plaque; that funding can be provided from many sources; that the Public Art Committee did an excellent job of analyzing the request and reaffirmed the City's policy. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt a policy recommended by the Public Art Committee providing future donated and/or purchased artworks include a plaque of a standard format provided by the City indicating the title of the artwork, the donor(s) and/or purchaser(s), the artist (s) name and the date of commission and to refer purchase of a plaque for the Dolphin Fountain to the Administration to identify funding. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the report of the Public Art Committee's November 2, 1999, meeting. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yesi Cardamone, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 4, 5, 6, 8, 9 AND 10 - APPROVED; ITEM NO. 7 - DELAYED TO THE DECEMBER 20, 1999, REGULAR COMMISSION MEETING (AGENDA ITEM III-A) #1 (1360) through (1750) Commissioner Quillin requested that Item No. 7 be removed for discussion. 1. Approval Re: Ratification of new Contract Agreement between the City of Sarasota and the Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen and Helpers Affiliated with International Brotherhood of Teamsters, Local Union No. 173 dated, October 1, 1999, through September 30, 2002. The City of Sarasota and the Teamster Local #173 agree that the base rate of pay for represented employees shall be increased by 2.13 percent effective September 29, 1999 2. Approval Re: Ratification of Memoranda of Understanding between the City of Sarasota and the Southwest Florida Police Benevolent Association Inc. dated, November 3, 1999, to amend and modify the two existing Contract Agreements between the City of Sarasota and the PBA. The City of Sarasota and the PBA agree that the base rate of pay for represented employees shall be increased by 2.13 percent effective September 29, 1999. Also, the existing contract will be modified to set operational staffing levels, to advance non-sworn PBA members to mid-point of their grade after five years in the same classification and ten years of service with the City, to modify the promotional testing procedure and to establish vacation carry over. Memoranda are for the Supervisory and Non- Supervisory Units 4. Approval Re: Mediation claim settlement for Monique Hooks V. City of Sarasota in the amount of $20,000 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Republic Roofing of Tampa, Florida, (Bid No. 99-72L) in the amount of $183,000 for removal and installation of a new roof at City Hall 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a Purchase and Sale Agreement for the purchase of a Sarasota Mobile Home Park residents' trailer in the amount of $8,000 8. Approval Re: Advanced Traveler Information System Funding Source Options 9. Approval Re: Request funding for fireworks: staging, lights, grandstands, etc., in the amount of $12,000 and BOOK 46 Page 18918 12/06/99 6:00 P.M. BOOK 46 Page 18919 12/06/99 6:00 P.M. for 12 Dreams 2000: flags at $907 by the Downtown Association. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and Sarasota County providing for the cooperative development and administration of City and County Government Access Television On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 4; 5, 6, 8, 9 and 10. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 7. Approval Re: Greater Newtown Community Redevelopment (GNCRC) work plan Commissioner Quillin stated that Staff did an excellent job working with the Greater Newtown Community Redevelopment Corporation (GNCRC) work plan; and referred to the Economic Development Plan: 1999 = 2002 included in the Agenda material; stated that City funding is only for the fiscal year (FY) 1999/2000; that the status of the various programs included in the Economic Development Plan: 1999 2002 appear as if the programs were just beginning rather than representing funding for the second year; that for example, the program entitled Minority Business Development and Retention has a history; that classes were conducted last yeari that dates of the previous classes, the number of attendees and graduates, and the status of those graduating should be presented; and quoted from the Methodology section as follows: 1. Identify and schedule training programs and seminars Commissioner Quillin stated that no timeline is provided in the program entitled Historical Preservation, Community Festivals, and Tourism Development; that the concern is an organization funded by tax dollars responded to Staff's request without specifics; that accountability will be difficult to ascertain; that Item No. 7 should be returned to Staff to obtain tangible projected deliverables from GNCRC; that additionally, information concerning the history of the various programs from last year would be appreciated; that a year-end report was provided; however, the year-end report was not more tangible than the Economic Development Plan: 1999 - 2002. Gregory Horwedel, Director of Neighborhood Development, came before the Commission and stated that dates could be established for the various activities. Commissioner Quillin stated that GNCRC should establish the dates; that the history of the various activities such as the festivals, the storefront renovations, the minority business program, including any subsequent critiquing, is desired; and referred to the Deliverables listed in the program entitled Florida Main Street Program as Eollows: 1. Copy of Florida Main Street recommendations to GNCRC. 4. Copy of Florida Main Street assessment of GNCRC's efforts. Commissioner Quillin stated that enough information is not provided to determine measurable deliverables; that minority business classes were conducted last year; that information concerning last year's classes should be provided; that a comparison of last year's actual with this year's proposed number of classes and participants served. Commissioner Mason referred to the December 3, 1999, memorandum from Mr. Horwedel to the City Manager concerning the GNCRC Workplan with the attached Agreement for Grant Funding which was just received; and stated that the concern is enough time has not been provided to consider the provisions and permit a vote; that the concerns could have been addressed and worked into the agreement had adequate time been provided. Commissioner Quillin stated that the memorandum and agreement were received on December 3, 1999. Mayor Cardamone and Commissioner Hogle stated that the memorandum and agreement were received on December 6, 1999. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to delay action on Consent Agenda No. 1, Item No. 7, until the December 20, 1999, Regular Commission meeting. Mr. Horwedel stated that GNCRC can be requested to provide an analysis of last year's accomplighments and a synopsis concerning the effectiveness and asked if such analysis and synopsis are acceptable. Commissioner Quillin stated yes; that measurable deliverables are required; that the final report from last year did not adequately address specific, measurable accomplishments. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (4 to 0): : Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1231) - ADOPTED; ITEM 2 (RESOLUTION NO. O0R-1236) - ADOPTED; ITEM 3 (RESOLUTION NO. O0R-1237) - ADOPTED; ITEM 4 (RESOLUTION NO. BOOK 46 Page 18920 12/06/99 6:00 P.M. BOOK 46 Page 18921 12/06/99 6:00 P.M. 00-1238) DELAYED TO THE DECEMBER 20, 1999, REGULAR COMMISSION MEETING; ITEM 5 (RESOLUTION NO. 00-1239) = ADOPTED; ITEM 6 (ORDINANCE NO. 00-4182) - ADOPTED; ITEM 7 (ORDINANCE NO. 00-4183) - ADOPTED; ITEM 8 (RESOLUTION NO. O0R-1240 - ADOPTED (AGENDA ITEM III-B) #1 (1750) through (2360) 4. Adoption Re: : Proposed Resolution No. O0R-1238 appropriating $133,273.16 from the unappropriated fund balance of the General Fund to fund the Greater Newtown Community Redevelopment Corporation programs of: General Administration; Minority Business Development; Urbaculture; Florida Main Street; and Cltural/Historical for the Fiscal Year 1999-2000 to be paid in equal quarterly installments; etc. Mayor Cardamone stated that Item No. 4 will be delayed to the December 20, 1999, Regular Commission meeting as accompanying action Consent Agenda No. 1, Item No. 7, was previously delayed. Commissioner Quillin requested that Item No. 5 be removed for discussion. 1. Adoption Re: Proposed Resolution No. O0R-1231 adopting the Sarasota County Unified Local Mitigation Strategy as the formal guide for the City's hazard mitigation activities (Title Only) 2. Adoption Re: Proposed Resolution No. O0R-1236 approving Major Conditional Use Application No. 99-CU-15 to allow a self-service car wash as a Major Accessory Conditional Use on property located at 3708 North Tamiami Trail; said Major Conditional Use to be accessory to the existing motor vehicle fuel station located at the northeast corner of North Tamiami Trail and Myrtle Avenue; said Major Conditional Use is required to be constructed and located in accordance with Site Plan Application No. 99-SP-W (Title Only) (Applicant Todd Pressman of Mobil Oil Corporation, as agent for the Owners, Samuel and Emma Goodwin) 3. Adoption Re: Proposed Resolution No. O0R-1237 approving Major Conditional Use Application No. 99-CU-16 to allow a child care center as a Major Conditional Use on property located at 1435 and' 1443 7th Street; said Major Conditional Use is required to be constructed and located in accordance with Site Plan Application No. 99-SP-Z and is subject to additional conditions as more fully set forth herein (Title Only) (Applicant Mikki Hartig, as agent for the owner, Donald Wallace) 6. Adoption Re: Proposed Ordinance No. 00-4182 amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, amending Section 24-103, Pension Benefits, to provide for an increase in the benefit accrual rate to 2.5 percent for all years of service; providing for a 3 percent fixed annual cost of living adjustment for future retirees (Title Only) 7. Adoption Re: Proposed Ordinance No. 00-4183 amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, amending Section 24-98, Board of Trustees; amending Section 24-101, Credited Service; amending Section 24-104, Optional Forms of Pension (Title Only) 8. Adoption Re : Proposed Resolution No. O0R-1240, adopting a schedule to process an administrative small scale development amendment to the Future Land Use Map of the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, for The New College Foundation (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. O0R-1231, O0R-1236, O0R-1237, and OOR-1240, and Ordinance Nos. 00-4182 and 00-4183 by title only. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 2, Item Nos. 1, 2, 3, 6, 7 and 8. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. 5. Adoption Re: Proposed Resolution No. O0R-1239 appropriating $176,500 from the unappropriated fund balance of the General Fund to fund the Engineering Department to continue the Transportation Concurrency Exception Area Plan in the Community Redevelopment Area; etc. Commissioner Quillin stated that the budget process was recently completed; that the request is to appropriate $176,500 from reserves to fund thé Engineering Department to continue the Transportation Concurrency Exception Area (TCEA) Plan; that a report concerning the TCEA Plan was to be presented to the Commission in January 2000 at which time the traffic study was scheduled for completion according to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that an explanation of the requirement to hire a consultant and the manner in which the proposed TCEA Plan is coordinated with the State's study is requested. BOOK 46 Page 18922 12/06/99 6:00 P.M. BOOK 46 Page 18923 12/06/99 6:00 P.M. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that a report concerning the TCEA Plan will be presented to the Commission at the January 18, 2000 Regular Commission meeting; that a report has been presented to the Planning Board/Local Planning Agency (PBLP); that $5,500 will be used document the current situation; that $171,000 will be utilized for a variety of tasks recommended in the TCEA Plan report; that the most important task is the creation of a Citywide database which can be utilized for traffic analyses in the TCEA; that the funds will be utilized if the Commission approves the TCEA Plan report at the January 18, 2000, Regular Commission meeting; that none of the $171,000 will be utilized until the Commission approves the TCEA Plan report; that a study is being conducted by the Florida Department of Transportation (FDOT) entitled the FDOT Downtown Study, which will coordinate well with the TCEA Plan; that the FDOT Downtown Study, which is not currently funded, will have more specific projects rather than studies; that the database will be utilized to perform analyses relative to the update of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) ; that based on the update of the CRA Master Plan, the FDOT Downtown Study will identify specific construction projects. Commissioner Quillin stated that $5,500 is required immediately; that $171,000 may be required in the future if the Commission approves the presented TCEA Plan report; that the FDOT Downtown Study is a transportation and circulation study of the downtown area; that the Sarasota/Manatee Metropolitan Planning Organization (MPO) is developing a database available for all MPO members; that the requirement for the $171,000 database is unclear; that a $171,000 appropriation to fund a proposal which has not yet been presented cannot be personally supported. Mr. Daughters stated that no knowledge exists as to a current FDOT study; that FDOT proposes a future study. Commissioner Quillin stated that funding will be provided from the Gulf Stream Avenue improvement project. Mr. Daughters stated that the Gulf Stream Avenue improvement project is scheduled for several years in the Euture. Commissioner Quillin stated that the timing of the project has been advanced. Mr. Daughters stated that the City recommended advancing the project; that the City would fund the project with a reimbursement; that the recommendation has not yet been approved. Mayor Cardamone asked for clarification of the Administration's recommendation to approve the appropriation. City Manager Sollenberger stated that the amount should have been budgeted; that the recommendation was supported based on the current situation; that Commission consideration could be delayed to the January 18, 2000, Regular Commission meeting, if desired. Mr. Daughters stated that consideration could be delayed. City Manager Sollenberger stated that the funds are required if the City is to deal successfully with the TCEA. Mayor Cardamone stated that discussion concerning the requirement for a major study of the TCEA area is recalled; that not incorporating the cost in the budget was not previously known; that the Commission could approve the appropriation at this time; however, the funds would not be spent unless the Commission approves the TCEA Plan. Mr. Daughters stated that is correct. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1239 in its entirety. On motion of Commissioner Quillin, it was moved to deny Consent Agenda No. 2, Item No. 5. Motion died for lack of a second. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item No. 5. Commissioner Mason asked if the motion includes the option to deny the appropriation if the Commission does not approve the TCEA Plan report at the January 18, 2000, Regular Commission meeting? Commissioner Hogle stated yes; that the funds cannot be spent unless Staff presents the projects for approval. Commissioner Quillin stated that the funds could be appropriated for a program which is not completed and spent on other projects; that the funds should not be appropriated from the General Fund but rather from the Community Redevelopment Agency (CRA). Mayor Cardamone stated that the Administration should consider the CRA as the funding source. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt Consent Agenda No. 2, Item No. 5. Motion carried (3 to 1): Hogle, yes; Mason, yes; Quillin, no; Cardamone, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested BOOK 46 Page 18924 12/06/99 6:00 P.M. BOOK 46 Page 18925 12/06/99 6:00 P.M. persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that time limits for the speakers at the quasi-judicial public hearings will be established at the appropriate time; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED PHASE I TRAFFIC CALMING ON ORANGE AVENUE FOR BOOKER HIGH SCHOOL - APPROVED THE ADMINISTRATION S RECOMMENDATION (AGENDA ITEM IV-4-1) #1 (2529) through #2 (0428) Commissioner Mason stated that notification to property owners within a certain distance of the proposed location for traffic calming is not required; therefore, the neighborhoods surrounding Booker High School were not notified of the public hearing; however, the City should have notified the affected people due to the sensitivity of the issue; that delaying the public hearing is not desired; that making the comment for the public record is desired. Mayor Cardamone asked for clarification of notification of the public hearing process. City Auditor and Clerk Robinson stated that notice is published in the newspaper and all residents within 500 feet of a particular piece of property are notified by mail concerning a rezoning, for example, or a matter legally requiring public notice such as an ordinance for adoption. Mayor Cardamone stated that neighborhood meetings were conducted to learn the neighbors' ideas and concerns prior to being placed on the Agenda as an item for discussion by the Commission; and asked if neighbors were made aware the traffic calming issue would be a Commission discussion item sometime in the near future? Conditioner Mason stated that mentioning lack of resident notice is strictly for the public record. Mayor Cardamone stated that the public hearing is concerning proposed Phase 1 traffic calming for the area surrounding Booker High School. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that many workshops and meetings with the Booker High School Traffic and Pedestrian Task Force (Task Force) were conducted; that the meetings were poorly attended; that notices were posted at three locations in the neighborhoods for one day each; that attendance was good at one meeting at which good comments were received; and referred to a map of the Booker High School area in the Agenda material indicating the daily traffic volume and the 85 percentile speed in miles per hour (mph) as follows: 32nd Street - Orange to Osprey Avenues 7 a.m. to 3 p.m.: 369 vehicles/24.2 mph 24 hours: 802 vehicles/28 mph Goodrich Avenue - 32nd to 36th Streets 7 a.m. to 3 p.m.: 545 vehicles/30.6 mph 24 hours: 1070 vehicles/34 mph Orange Avenue - 32nd to 36th Streets 7 a.m. to 3 p.m.: 1051 vehicles/30.5 mph 24 hours: 2387 vehicles/34 mph Mr. Daughters continued that a relatively large number of vehicles travel Orange Avenue; however, the problem is not the number of vehicles but rather "cruiser" traffic; that a video of cruiser traffic may have been viewed by the Commission; that many vehicles drive up and down Orange Avenue during a short time while the students are boarding school buses causing severe problems; that the Task Force reviewing the traffic problem at Booker High School voted unanimously to implement the proposed traffic calming project in three phases; that the first phase is simply to place temporary barricades at two locations on Orange Avenue south of 35th Street and north of 32nd Street prohibiting through traffic for 20 minutes from 1:45 p.m. to 2:05 p.m. Mayor Cardamone asked the length of Phase 1? Mr. Daughters stated that Staff's recommendation is to begin Phase 1 as soon as possible to run through the remainder of the school year or at least a minimum of three months; that a period of three months is required to establish a traffic pattern; that Staff will analyze and measure positives and negatives of Phase 1; that Phase 2, if appropriate, will include five speed tables: one on 32nd Street, one on 35th Street, one on 36th street, and two on Goodrich Avenue; that Staff will review the results of Phase 2 and, if appropriate, recommend Phase 3; that Phase 3 would include narrowing the roads at the main crossing point from school buildings on the west side of Orange Avenue to the school building on the east side, or vice versa; that additional landscaping will be installed; that a bulb-out will be installed on Orange Avenue between 35th and 36th Streets; that Staff's recommendation is as follows: BOOK 46 Page 18926 12/06/99 6:00 P.M. BOOK 46 Page 18927 12/06/99 6:00 P.M. 1. Direct Staff to implement Phase 1 immediately after the winter recess consisting of temporary barricades of closing Orange Avenue just north of 32nd Street to just south of 35th Street from 1:45 p.m. to 2:05 p.m. on school days for a minimum three-month trial period. 2. Direct the Administration to approve the City's furnishing the barricades and Booker High School staff's placing and removing the barricades each day. Booker High School has committed to placing and removing the barricades each day. 3. Direct Staff to conduct a new traffic study after the -trial period to ascertain the ramifications of the closure and determine if the daily closings should continue and if to proceed with Phases 2 and 3. Mr. Daughters continued that three open houses and a meeting at Booker High School were conducted; that following is the response to survey cards received at the open houses and meeting: Booker High School, November 2, 1999 2 for Phase 1 Newtown Community Center, November 12, 1999 2 for Phase 3 Jetson's Unisex Salon, November 15, 1999 No response Greater Newtown Community Redevelopment Corporation, November 16, 1999 1 for no phases 39 for Phases 1, 2, and 3 1 for Phase 1 Mr. Daughters further stated that Staff recommends implementing Phase 1 as soon as possible. Commissioner Mason stated that the meeting conducted at the Greater Newtown Community Redevelopment Corporation was the best attended. Mr. Daughters stated that is correct. Mayor Cardamone opened the public hearing and the following people came before the Commission: Jan Gibbs, Principal, Booker High School, 3201 North Orange Avenue (34234), stated that an invitation was not received to a neighborhood meeting conducted at Booker High School; that solving the traffic problem has been a long and contentious process; that a concern of the Task Force is the reason buses cannot be rerouted away from Orange Avenue; that no room is available for relocating a school bus boarding area; that a partial solution of the problem is having the bus stop signs extended and flashing; that motorists are being ticketed for reckless driving and speeding; that the schedule for maintaining a police officer on the premises is very sporadic; that controlling traffic would require ten police officers; that an assistant principal was almost run over; that 2,592 students cross Orange Avenue each day. Commissioner Hogle asked if Staff's recommendation is supported? Ms. Gibbs stated no; that beginning with barricades is supported; that eighteen houses surround the east side of the school property; that only three residents in the neighborhood are home during the day; therefore, a major traffic impact in the neighborhood will not exist; that gates should be installed on Goodrich Avenue and 32nd and 35th Streets; that speed bumps could be installed if the gates do not solve the problem; that spending excessive funds is not desired; that narrowing the street will not help but may exacerbate the problem; that Booker High School owns the west half of Orange Avenue. Mayor Cardamone asked the next recommendation if the partial barricade Closure at the end of the school day for a three-month trial period does not work? Ms. Gibbs stated that installing gates would be required. Mayor Cardamone stated that the street Closure would be similar to the street closure at Sarasota High School. Ms. Gibbs stated that is correct. Mayor Cardamone stated that the school has not been visited at the end of the school day; however, the video of the traffic problem has been viewed several times; that traffic on Orange Avenue in the middle of the day is horrendous. Ms. Gibbs stated that traffic on Orange Avenue increases considerably during the lunch hour. Commissioner Quillin stated that Booker High School has been visited; that license plate numbers were recorded; and asked the date of the installation of the traffic light on Orange Avenue? Ms. Gibbs stated that the traific light was installed during the construction of the present school in 1991 or 1992. Commissioner Quillin stated that the traffic light has red, yellow, and green lights; that the only way the crossing guard can change the lights is to push the button; that during the school hours the traffic light should be on flashing yellow; that the crossing guard should be able to control the red light for any length of time with a hand-held control; and asked the status of obtaining of a hand-held control? BOOK 46 Page 18928 12/06/99 6:00 P.M. BOOK 46 Page 18929 12/06/99 6:00 P.M. Ms. Gibbs stated that a hand-held device has not yet been obtained. Commissioner Quillin asked if a hand-held control is recommended, not only during school hours but after school as well? Ms. Gibbs stated yes. Commissioner Quillin stated that Staff's recommendation of moving the buses off Orange Avenue is not supported; that areas the buses could pull into may exist; that the existence of a problem for only 20 minutes daily does not justify using real estate as a bus turnaround. Ms. Gibbs stated that State regulations determine required parking spaces for staff, visitors, and students. Commissioner Quillin stated that a thorough study starting in January 2000 is recommended; that a study should have been performed prior to the beginning of the school year. Commissioner Mason agreed; and stated that the perception of residents living in the area around Booker High School is the City is not being inclusive; that accusations the Commission is not including people in the process is not desired; that raising the issue of notification of public hearings is to ensure people know of public hearings; that holding up the current public hearing is not desired; that notice in the future requires serious observance if the Commission wishes being a government of the people, for the people, and by the people; that installing gates is not supported; that alternative travel routes are available to avoid the school campus; that affected residents should be given the opportunity to express concerns; that the City should be more sensitive and inclusive. Ms. Gibbs stated that many opportunities for meetings were provided; that Commissioner Mason attended some of the meetings; that three people attended the meeting to which an invitation was not personally received; that sensitivity to Booker High School area residents is being observed; that the traffic count between 7 a.m. and 3 p.m. is 1,051 with an average speed at the 85th percentile of 30.5 mph; that the majority of the 1,051 cars are not neighborhood residents; that the students cut through the neighborhood as the light at US 301 and Myrtle Street is very long. Carolyn Robinson, Member, Task Force, P.O. Box 1115 (34230), stated that several meetings were conducted by the Task Force; that 27 people attended a fourth meeting; that Amaryllis Elementary School and Booker Middle School were attended; that the neighborhood is visited daily; that a major concern is for the students' safety; that the importance of the meetings was not taken lightly; that the Task Force developed champions for follow up and spreading the word which resulted in higher attendance; than higher attendance resulted once people were aware of the meetings; that a gate in a main vein of the community is not desired; that taking the buses off Orange Avenue was supported; that truck traffic near the school is a concern; that two police officers attended a meeting and advised tickets could not be issued for cruising; that the police officers indicated the video of the traffic problem is a shock video prepared to cause alarm; that the three phase process is the best manner to gather information, assure students' safety, and reach a consensus among the residents in determining the best resolution to problem; that placing temporary barriers will provide the safety desired by the school; that the ability to study information required to move forward exists; that maintaining open communications is desired; that concern existed regarding minimal turnout at meetings; that some notices were not delivered timely. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated the Administration's recommendation is to: 1. Direct Staff to implement Phase 1 immediately after the winter recess consisting of temporary barricades of closing Orange Avenue just north of 32nd Street to just south of 35th Street from 1:45 p.m. to 2:05 p.m. on school days for a minimum three-month trial period. 2. Direct the Administration to approve the City's furnishing the barricades and Booker High School staff's placing and removing the barricades each day. Booker High School has committed to placing and removing the barricades each day 3. Direct Staff to conduct a new traffic study after the trial period to ascertain the ramifications of the closure and determine if the daily closings should continue and if to proceed with Phases 2 and 3. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to approve the Administration's recommendation. Commissioner Quillin stated that continuing Staff's recommended Phase 1 to the end of the current school year is desired; that traffic counts should be conducted during the time barricades are being used and then retaken once the barricades are removed. Mayor Cardamone stated that traffic count numbers without barricades are presently available. BOOK 46 Page 18930 12/06/99 6:00 P.M. BOOK 46 Page 18931 12/06/99 6:00 P.M. Commissioner Quillin stated that observing traffic pattern changes after installation of the barricades is required; that more people using a certain street during the hours the barricades are in place should be observed to determine if traffic reverts to the original pattern when the barricades are removed. Mayor Cardamone stated that the traffic counts are known; that the requirement is for traffic counts when barricades are in place. Commissioner Quillin stated that a determination should be made as to if traffic patterns revert to the original traffic patterns after removal of the barricades; that obtaining a hand-held control for the traffic light at the school is important. Mayor Cardamone stated that the Administration should consider the recommendation to install a hand-held control for the traffic light; and quoted from a November 26, 1999, letter received from the Chairman of the School Board of Sarasota County regarding a joint workshop with the Commission as follows: On a more formal note and based on our discussion of Booker High School, the School Board of Sarasota County is hereby requesting the City of Sarasota to close Orange Avenue between the hours of 7:00 a.m. and 2:15 p.m. for the safety of our students. City Manager Sollenberger stated that the study with a recommendation as to if to continue by can be provided by June 2000 at the latest, which should be added to the Administration's recommendation as Item No. 4. Commissioner Mason, as the maker of the motion, with the approval of Commissioner Hogle, as the seconder, stated that the motion includes Item No. 4 for Staff to conclude the study and present a recommendation as to if to continue to the Commission by June 2000 at the latest. Mayor Cardamone stated that eliminating the cruisers and parades will eliminate any traffic problem going back into the neighborhood streets; that the neighbors, especially on Goodrich Avenue who are expecting an influx of cars using the street, are urged to believe additional traffic may not occur once the parade is interrupted; that traffic counts may be drastically different than anticipated. Mayor Cardamone called for a vote on the motion to: 1. Direct Staff to implement Phase 1 immediately after the winter recess consisting of temporary barricades of closing Orange Avenue just north of 32nd Street to just south of 35th Street from 1:45 p.m. to 2:05 p.m. on school days for a minimum three-month trial period. 2. Direct the Administration to approve the City's furnishing the barricades and Booker High School staff's placing and removing the barricades each day. Booker High School has committed to placing and removing the barricades each day 3. Direct Staff to conduct a new traffic study after the trial period to ascertain the ramifications of the closure and determine if the daily closings should continue and if to proceed with Phases 2 and 3. 4. Direct Staff to conclude the study and present a recommendation to the Commission no later than June 2000. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. Commissioner Hogle asked if the consensus of the Commission is to request the Administration to direct Staff to install a hand-held control for the traffic light at the school crossing on Orange Avenue? City Manager Sollenberger stated that the Administration will follow up. Mayor Cardamone stated that the timing of the traffic light on Myrtle Avenue should be observed; that the person placing the barricades at the school crossing should be careful. Commissioner Quillin asked if special signage is required on the barricades? Mayor Cardamone stated that Staff will know signage requirements. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4119, AMENDING SECTION 33-112 OF THE SARASOTA CITY CODE TO PROHIBIT STOPPING, STANDING OR PARKING A MOTOR VEHICLE BETWEEN A CURB OR EDGE OF PAVEMENT AND THE PROPERTY LINE BEHIND SUCH CURB OR EDGE OF PAVEMENT; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #2 (0431) through (0665) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that proposed Ordinance No. 99-4119 was initiated as a result of numerous complaints received BOOK 46 Page 18932 12/06/99 6:00 P.M. BOOK 46 Page 18933 12/06/99 6:00 P.M. by Staff regarding parking of motor vehicles between the curb or edge of pavement and the sidewalk or property line area; that proposed Ordinance No. 99-4119 clarifies the existing Section 33- 112, Sarasota City Code, to include the area between the curb or edge of pavement and the property line and will apply throughout the City; that the existing regulation only applies to business or industrial districts; that exceptions to the proposed amendment are as follows: 1. Drivers of all vehicles owned or operated by the United States, State of Florida, Sarasota County, or the City of Sarasota, while engaged in the pertormance of their official duties. 2. Drivers of all vehicles owned or operated by a franchise utility, while engaged in the performance of their duties. 3. Drivers involved in an automobile accident while complying with the provisions of Sections 316.061, 316.062, and 316.063, Florida Statutes. 4. Drivers who temporarily stop in locations where there is no curb for the purpose of and while actually engaged in the loading or unloading of passengers. Mayor Cardamone opened the public hearing. The following people came before the Commission: Linda Holland, 617 Gillespie Avenue (34236), representing the Gillespie Park Neighborhood Association, and Sandra Vaughn, 2135 Fourth Street, (34237) representing Park East Neighborhood Association. Ms. Holland stated that both the Gillespie Park and Park East Neighborhoods are preparing a neighborhood action strategy with Staff in an effort to obtain solutions for problems in the neighborhoods to improve and enhance the living environment; that the amendment to the parking regulations will improve the neighborhoods; and distributed pictures of parked cars on the right-of-way for Commission viewing. Ms. Holland continued that the proposed ordinance is supported as destruction of the curbing, sidewalks, and the grassed area will be eliminated; that City funds and effort have been expended for new sidewalks and curbs in the neighborhoods; that preserving the sidewalks and curbs is desired; that visibility problems exist due to illegal parking; that better curb appeal of the neighborhood homes is desired; that the proposed ordinance will contribute to good curb appeal. Ms. . Vaughn stated that illegal parking creates a problem for pedestrians; that often pedestrians are forced to walk in the street as the sidewalk is blocked; that redeveloping the neighborhoods is in processi that pride and a willingness to move in the neighborhoods is desired but are precluded by the illegal parking. Kafi Benz, Director of the Indian Beach/Sapphire Shores Neighborhood Association, P.O. Box 2900 (34230), stated that the Indian Beach/Sapphire Shores Association (IB/SSA) supports proposed Ordinance No. 99-4119; that illegal parking problems exist in many neighborhoods and is a concern of IB/SSA. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4119 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4119 on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4119 on first reading. Commissioner Hogle asked if the regulation is enforceable by both Code Enforcement and police? City Attorney Taylor stated yes. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4173, AMENDING CHAPTER 2, ARTICLE V, DIVISION 5 OF THE SARASOTA CITY CODE WHICH WILL IMPLEMENT NEW STATE LEGISLATION RELATING TO CODE ENFORCEMENT ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #2 (0665) through (0805) Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 99-4173 amends Chapter 2, Article V, Division 5, Zoning Code (1998), relating to code enforcement; that the State Legislature has authorized municipalities to adopt changes which will strengthen local code enforcement systems; that at its September 7, 1999, Commission workshop, the Commission by consensus directed Staff to prepare changes implementing the new legislation; that the major revisions in the new ordinance include the following: BOOK 46 Page 18934 12/06/99 6:00 P.M. BOOK 46 Page 18935 12/06/99 6:00 P.M. specific procedures for notice of violations, the ability to impose costs for correction of violations application of existing notices apply to new owners, and authorization for the Code Enforcement Special Master to impose fines not exceeding $1,000 per day for each violation and $5,000 for each repeat violation. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4173 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4173 on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4173 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes Cardamone, yes; Hogle, yes; Mason, yes. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-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. 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4186, TO REZONE REAL PROPERTY LOCATED ON THE NORTH SIDE OF FOURTH STREET BETWEEN THE NORTH TAMIAMI TRAIL AND COCOANUT AVENUE AND HAVING A STREET ADDRESS OF 1251 FOURTH STREET, FROM THE MULTIPLE- - FAMILY-RESIDENTIAL-3 (RMF - 3) ZONE DISTRICT TO THE THEATER AND ARTS DISTRICT (TAD) ZONE DISTRICT: ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-15, APPLICANT LAND RESOURCE STRATEGIES, INC. - AS AGENT FOR THE OWNERS GREGORY J. CARLSON AND GAIL CARLSON) PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #2 (0805) through (1340) Mayor Cardamone stated that the Commission approved consideration of Agenda Item IV-B-2 prior to Agenda Item IV-B-1 per the request of the Applicant under Changes to the Orders of the Day. City Auditor and Clerk Robinson stated that proposed Ordinance No. 00-4186 is to rezone real property located on the north side of Fourth Street between north Tamiami Trail and Cocoanut Avenue and having a street address of 1251 Fourth Street from the Multi- Family Residential (RMF) -3 to the Theater and Arts District (TAD) Zone District; that the Applicant is Land Resource Strategies, Inc., agent for owners, Gregory J. Carlson and Gail Carlson. City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant 10 minutes for presentation and 5 minutes for rebuttal; that the City will have 5 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone, and Commissioners Hogle, Mason and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Bruce Franklin, President, Land Resource Strategies, Inc., and Gail Carson, Owner, came before the Commission. Mr. Franklin stated that the property is located at 1251 Fourth Street; that the property is currently a duplex residential structure in an RMF-3 Zone District; that the proposed rezoning is to the TAD Zone District; that the property is in the Central City Land Use Classification in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition; that the facility will be remodeled for an interior design business; and referred to a map displayed on the overhead projector indicating the property. Mr. Franklin continued that the property is on the north side of Fourth Street with sidewalk access and will be improved with hardscaping, landscape treatment, and a small fountain; that parking is at the rear of the property with access to an alley; that the Board of Adjustment granted four variances to setbacks; that a specific site plan was approved by the Board of Adjustment which would require re-application if any modifications are BOOK 46 Page 18936 12/06/99 6:00 P.M. BOOK 46 Page 18937 12/06/99 6:00 P.M. contemplated; that landscaping required by the Board of Adjustment has been installed; that uses have been proffered; that the Planning Board/Local Planning Agency (PBLP) held a public hearing at its November 3, 1999, meeting and determined Rezoning Application No. 99-RE-14 as incorporated in proposed Ordinance No. 00-4175 is consistent with the City's Comprehensive Plan and the Standards for Review set forth in the Zoning Code (1998), and recommended Commission approval, subject to the conditions incorporated in proposed Ordinance No. 00-4175 as follows: 1. The real property . shall only be developed or used for the following types of land uses which are designated as permitted uses in the TAD Zone District: antique store; apparel/clothing store; art or framing gallery; art or craft supplies, retail; artist, sculptor, potter, weaver, etc. studios; bakery, retail; barber or beauty shop, tanning salon; book, stationery store; dance and music studios; delicatessen; dwelling two family/duplex; florist, plant or gift shop; interior design and decorating shop; jewelry store; music store; office, business or professional park; pet grooming services; photographic studios; photographic store, retail; printing shops; restaurant; shoe store, sales (retail); tailor or dressmaker; travel agencyi variety, sundry or candy store. 2. The real property . shall not be developed or used for the following types of land uses which are designated as permitted uses in the TAD Zone District, the Applicant having agreed in writing that said uses shall never occur on the subject property: adult day care; appliance and household equipment sales, lease or service; assisted living facility; bed and breakfast inn; child care centers; club, private; community residential home; copy, duplicating shop; drug store or pharmacy; dwelling multiple family; dwelling single familyi essential governmental services; family day care centers; financial institutions; food, grocery store; group home facility; health club or spa, exercise, exercise instruction or dance facility; hotel/motel; library (public) i nursing home; office or clinic, medical or dental; parking lot or garage (commercial); radio and television stations; school, kindergarten, elementary or secondary (public and private); shoe repair; theater, commercial; theater, nonprofit community; variety retail; video, movie store (non-adult). Any uses which may be added to TAD Zone District after the effective date of the ordinance shall not be permitted uses on the property . unless the ordinance is amended to specifically provide that such uses will be allowed. Commissioner Quillin stated that the intent is to use the property as a design studio. Ms. Carlson stated that is correct. Mayor Cardamone requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the Applicant has adequately described the proposed rezoning request from the RMF-3 to the TAD Zone District; that the PBLP recommended approval of the rezoning with proffers as conditioned by a 3-to-2 vote; that the Applicant has proffered out a number of uses to promote compatibility; nevertheless, the PBLP discussed the intensity of the uses for a restaurant and delicatessen as a concern; that Staff reviewed the intensity of the uses but found a number of factors limiting the uses, i.e., the small size of the parcel and the binding nature of the variance; that seeking an off-site parking agreement would require re-review by the PBLP and the Board of Adjustment; that seeking a reduction in parking would also require re-review by the Board of Adjustment; that Staff suggested to the PBLP some of uses which are consistently a concern could be reexamined in the future and redefined as conditional uses; that the rezoning request was approved with conditions. Commissioner Quillin asked the manner in which the rezoning is coordinated with the Rosemary District Redevelopment Plan as stipulated in the City's Comprehensive Plan? Ms. Murphy stated that a review is required. Commissioner Quillin stated that the TAD Zone District was to intended as more residential or live/work-type situations. Michael Taylor, Deputy Director of Planning and Development, came before the Commission and stated that the specific requirements of the Rosemary District Redevelopment Plan are not recalled; that the recollection of the intent was the TAD Zone District would apply to the area; that the Rosemary District Redevelopment Plan is a guideline and is not binding on the Commission. Mr. Franklin stated that the TAD Zone District is an adjunct to the Rosemary District as the two areas are related and interface with one another; and quoted from Section VI-2701, Intent and Purpose, Zoning Code (1998) as follows: The Theater and Arts District (TAD) Zone District is an active, pedestrian oriented District with its character set by older residential, neighborhood commercial, theater and entertainment uses. BOOK 46 Page 18938 12/06/99 6:00 P.M. BOOK 46 Page 18939 12/06/99 6:00 P.M. City Auditor and Clerk Robinson stated that no one has signed up to speak; that neither the Applicant nor' the City has any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4186 by title only. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4186 on first reading. Commissioner Quillin stated that the PBLP's concerns regarding restaurant and delicatessen uses are understood; that the use of variety and sundries is a concern; that the revitalization of the area is great; that many exciting things are occurring; that the properties have been upgraded; that the property owners are requested to be sensitive as to interfacing with the Rosemary District Redevelopment Plan; that the revitalization of the neighborhood is remarkable; that the property owners are thanked for the hard work and diligence in cleaning up the area. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. The Commission recessed at 8:15 p.m. and reconvened at 8:30 p.m. 13. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4184, AMENDING THE ZONING CODE (1998), ARTICLE VI, ZONE DISTRICTS; DIVISION 31, SPECIAL PUBLIC INTEREST OVERLAY DISTRICTS; TO CREATE A NEW SECTION VI-3107, TO ESTABLISH AN OVERLAY DISTRICT TO BE KNOWN AS THE W IMPERVIOUS SURFACES OVERLAY DISTRICT" (" ISOD" ) IN CERTAIN AREAS OF THE CITY LOCATED ON BARRIER ISLANDS OR NEAR THE BAYFRONT; ETC. (TITLE ONLY) REFERRED BACK TO STAFF AND THE PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) TO DEAL WITH THE ISSUES PRESENTED (AGENDA ITEM IV-B-1(a)) AND NON QUASI JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4185, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SARASOTA TO INCORPORATE THE BOUNDARY OF THE IMPERVIOUS SURFACES OVERLAY DISTRICT (" ISOD" ) APPLICABLE TO REAL PROPERTY DELINEATED ON THE MAP ENTITLED w IMPERVIOUS SURFACES OVERLAY DISTRICT BOUNDARY"; ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-11A, APPLICANT CITY OF SARASOTA) REFERRED BACK TO STAFF AND THE PLANNING BOARD /LOCAL PLANNING AGENCY (PBLP) TO DEAL WITH THE ISSUES PRESENTED (AGENDA ITEM IV-B-1(b)) #2 (1340) through #3 (2090) City Attorney Taylor stated that proposed Ordinance No. 00-4184 establishes an overlay district for impervious surfaces, called the Impervious Surfaces Overlay District (ISOD) ; that the proposed ordinance does not apply the ISOD to any part of the City; that the ordinance is legislative in nature; that the ordinance should be considered with proposed Ordinance No. 00-4185 amending the Official Zoning Map of the City to incorporate and apply the ISOD to affected property; that hearing the public's input is in the City's best interest; that the public's input appearing in the public record will benefit the Commission; that the proposed ordinance is flawed and will be returned to Staff for modifications; that the advertising process of another public hearing will be required; that apologies are offered for the condition of the proposed ordinance; that preparing the proposed ordinance was a difficult process; that seven persons have applied for and complied with the rules for obtaining Affected Person status as follows: Richard Stover, Robin Harrington, Mary Ciner, Darrele Robertson, James Ritchey, William Maddox representing the Lincoln Park group, and Derrick Bhayat City Attorney Taylor stated that the Applicant is the City; that the recommendation is to allow the City 10 minutes for presentation and 5 minutes for rebuttal; that the Affected Persons will have 10 minutes to speak and 5 minutes for rebuttal; that other interested persons will have 3 minutes to speak, unless the Commission wishes to combine the allotted time for each ordinance, in which case no more than 5 minutes will be allowed for interested persons. Mayor Cardamone stated that the consensus of the Commission is to approve the certification of Affected Persons and recommended speaker time limits with interested persons having 5 minutes for the two ordinances; that receiving the public's input is a learning process to ensure any revised ordinances will be improved. City Attorney Taylor stated that the objective is to assure workable and defensible ordinances. Mayor Cardamone stated that an informational-type quasi judicial hearing concerning proposed Ordinance No. 00-4184 and a non-quasi BOOK 46 Page 18940 12/06/99 6:00 P.M. BOOK 46 Page 18941 12/06/99 6:00 P.M. judicial public hearing concerning proposed Ordinance No. 4185 will be conducted. Commissioner Mason stated that apologies are extended to the public for the inconvenience. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Hogle stated that an electronic correspondence was received from and discussions took place with Ken Shelin of the St. Armands Residents Association; that an electronic correspondence was received from and conversations took place with Jane Carrigan of the St. Armands Residents Association; that a telephone conversation took place with and an electronic correspondence received from John Harshman, a local realtor; that a meeting was held with and an electronic correspondence received from Bill Maddox, an architect for the Lincoln Park on Hudson Bayou project; that a letter and a telephone called was received from James Richey, a local attorney living in the affected area; that a conversation took place with and a letter received from William Couch, the Chamber of Commerce government liaison. Commissioner Quillin stated that a letter dated December 2, 1999, was received from James Richey; that correspondence included in the Agenda material was received from the St. Armands Residents Association; that a telephone call and facsimile were received from Mr. Couch on December 3, 1999; that a meeting took place with Ernest Babb, a past member of the Board of Adjustment, as the Board of Adjustment had addressed drainage issues in a workshop and information was collected. Commissioner Mason stated that correspondence was received from Mr. Couch; that a conversation took place with Nancy Cook. Mayor Cardamone entered into the public record correspondence received by all the Commissioners from Messrs. Couch and Maddox and Mr. and Mrs. James Ritchey; that the same communications referenced by Commissioner Hogle were received. Mayor Cardamone requested that the City as the Applicant come forward. Mark Hess, Senior Planner II, Planning and Development Department, came before the Commission and stated that the ISOD proposal has evolved over several months from the Summer 1999; that the mega-house proposal is a response to community concerns of new, large houses being constructed in established neighborhoods; that the compatibility issue with the large homes is the excessive amounts of impervious surfaces, i.e., the building footprints, swimming pools, driveways, patios, etc.; that the response to the concern of excessive impervious surfaces is the Impervious Surface Overlay District (ISOD) which will limit impervious surtaces to 50 percent maximum; that at its July 22, 1999, Special Meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing to discuss the potential for a Stormwater Overlay District (SOD) requiring on-site drainage plans and water detention facilities for single-family dwellings as well as set a 50 percent maximum impervious surface limit; that after public testimony and deliberation, the PBLP directed Staff to eliminate requirements for engineered drainage plans and develop an ISOD to address stormwater drainage in coastal drainage basins and to maintain the generally open, less paved, landscaped character of the neighborhoods; that the PBLP held a public hearing at its October 6, 1999 meeting and concluded the ISOD is consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and recommended Commission approval of proposed Ordinance Nos. 00-4184 and 00-4185; and referred to a map displayed on the overhead projector indicating the proposed ISOD and the underlying zoning. Mr. Hess continued that Staff has recommended minor changes to the definition of "C" Factor to read as follows: The sum of the "C" factors for individual differing surfaces multiplied by the related surface area, thence divided by the total area, thereby expressing a number reflecting the overall runoff factor of the area. Commissioner Hogle asked for clarification of the reason the PBLP recommended deleting stormwater runoff and water attenuation requirements. Mr. Hess stated that the previously proposed Stormwater Overlay District (SOD) contained two elements: a maximum impervious limit and the requirement if more than 30 percent of a lot is covered, i.e., the 30 to 50 percent category, stormwater runoff must be attenuated on site and for engineered drainage plans to detain and treat the water; that the PBLP was concerned about the added expense required by on-site stormwater attenuation and engineered plans; that a PBLP concern was the complexity of the 30 percent threshold and the 50 percent maximum; that the PBLP determined a straight impervious limitation will be less expensive for the homeowner. Commissioner Hogle asked if other communities offer an option of following the 50 percent impervious surfaces rule or attenuating stormwater on site? Mr. Hess stated that the method of treatment of stormwater runoff by other jurisdictions is unknown. BOOK 46 Page 18942 12/06/99 6:00 P.M. BOOK 46 Page 18943 12/06/99 6:00 P.M. Commissioner Quillin stated that an older home can be remodeled under the Federal Emergency Management Agency (FEMA) regulations up to 50 percent of the valuation; that an 80-foot lot is conforming in the Cityi that City residents pay into the Stormwater Environment Utility (SEU) which means taxes are being paid to handle the problem with stormwater; that certain items could be considered impervious surfaces such as a new patio; however, a certain type of cement is designed to create a pervious surface; and asked for clarification of the setbacks upon rebuilding and cement-type pervious surtaces with regards to the proposed ordinance. Mr. Hess stated that an engineer can advise regarding impervious surfaces. Commissioner Quillin stated that at the Board of Adjustment's October 11, 1995, workshop, drainage requirements for residential properties were discussed; that building larger homes in smaller neighborhoods was discussed; that the Board of Adjustment encountered the same problems as Staff in not addressing the true issue of the size of homes being built; and asked if the issue would be better addressed in the Zone Districts? Mr. Hess stated possibly; that the most equitable consideration is Citywide or Zone-District-wide application; that the PBLP considered the lowest density Zone Districts of the City, i.e., the Single-Family Residential (RSF)-E, the RSF-1 and RSF-2 Zone Districts, which are scattered throughout the City primarily in the bayfront and barrier islands; that the PBLP opted for an overlay district. Commissioner Quillin stated that the City was divided into approximately seven Zone Districts during the preparation of the Sarasota 2040: City of Sarasota Vision Plan (1994) (Vision Plan) i that infill for Laurel Park is different from the infill for Arlington Park; asked if a request to build a mega-house on an 80-foot lot serviced by a 12-inch stormwater pipe which cannot be upgraded can be declined as the infrastructure cannot be provided? Mr. Hess stated that a permit for a single-family residence in an area with insufficient stormwater pipes in the public street cannot be withheld; that a single-family house is exempt from the Engineering Design Criteria Manual (EDCM) requirements; that the SOD and the ISOD were attempting to fill in the exemptions provided by the EDCM. Commissioner Quillin asked the entity responsible for the EDCM? Mr. Hess stated that the EDCM is adopted by the Commission. Commissioner Quillin stated that the Commission can change the requirements in the EDCM. Mr. Hess stated yes. Commissioner Quillin stated that single-family and multi-family homes are exempt from the EDCM. Mayor Cardamone requested that Affected Persons come forward; and the following Affected Persons came before the Commission: Derrick Bhayat, 1773 Waldamere Street (34239), deferred from speaking. Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue (34236) representing James and Shirley Ritchey, 1350 Harbor Drive, (34239) Audrey Bailey, 1533 Blue Heron Drive (34239), and Ken and Sarah Bailey, 1387 Harbor Drive (34239) and Robert and Sue Benchman on Harbor Drive, and James and Shirley Ritchey, came before the Commission. Attorney Bailey stated that Mr. and Mrs. Ritchey have lived 23 years in a 50-year-old house; that the home must now be replaced; that Mr. and Mrs. Ritchey are having plans prepared for a new home and attended the PBLP public hearing to voice opposition to the proposed ordinances; that the PBLP elected to amend the proposed ordinances; that initially the ordinances were not based on stormwater problems; that at some point, the PBLP went back to stormwater as a goal; that the process is questioned; that a number of worthy goals have been discussed including: the stormwater quantity in certain areas of known flooding such as St. Armands, the stormwater quality in areas discharging water not adequately treated which finds a way into the ground water or Sarasota Bay, and compatibility regarding mega-houses; that the goals suggest a different district boundary; that treating flooding requires identification of areas of known flooding; that water quality is not confined to the ISOD; that exempting multi- family and commercial zones allows a developer to utilize more than 50 percent of the property; that no information was- provided as to the basis for the 50 percent figure, the amount of runoff reduced by adoption of the brdinance or the reduction in pollution in Sarasota Bay by adoption - of the ordinance; that lenders will be uneasy to learn a mortgaged home is non- conforming due to the proposed ordinance; that the impact on home market values should be a concern; that the proposed ordinances will encourage taller homes; that compatibility is not indicated as a purpose; however, Staff's analysis addressed the compatibility issue and indicated some neighborhoods already contain very large houses; that the grandrathering provision in the proposed ordinance would exempt the Ritchey's planned home if a building permit is obtained prior to adoption of the ordinance; that obtaining a building permit is a long-term process; that changing the rules during the process causes more difficulty. BOOK 46 Page 18944 12/06/99 6:00 P.M. BOOK 46 Page 18945 12/06/99 6:00 P.M. Mr. Richey stated that defining a pool as an impervious surface is peculiar; that the only way rainwater from a pool can run into the Sarasota Bay is to pump the water out; that eliminating a swimming pool as an impervious surface would afford a homeowner an extra 450 to 500 square feet. Robin Harrington, 1720 Spring Creek Drive (34239), stated that two issues are of most concern: 1) the impact of a new larger home in an established neighborhood and 2) the maintaining of the open space and the existing neighborhood; that the two concerns are being hidden under the guise of stormwater runoff which is not being handled; that larger homes are being dealt with using stormwater runoff as a way to skirt and hide addressing the issue of larger homes; that dropping the stormwater runoff issue and drafting a proposal addressing the issue of large homes are recommended; that the ambiguity of the ISOD is not understood; that the proposed ordinance grandfathers in existing mega-houses resulting in an impact on homeowners not making improvements; that the ordinances are a means of spot zoning; that the PBLP used amounts of 250 square feet but not to exceed 500 square feet over 10 years which would allow improvements of less than a 7 percent increase on a lot personally owned; however, a 20 percent increase is allowed on a 5,000-square-foot lot; that conformance with FEMA regulations for rebuilding is required if a house is destroyed. Mary Ciner, 7102 Point of Rocks Circle (34242), stated that knowledge of the proposed ordinances was not obtained until November 1999; that property on Waldemere Street was purchased in September and plans prepared only to learn retaining an engineer would be required to determine conformance with the proposed ordinances; that retaining an engineer places a cost burden on a homeowner. Bill Maddox, 936 South Osprey Avenue (34236), stated that high quality residential development is encouraged; that Savannah, Georgia, is a good example of quality development; that many homes in Savannah cover more than 50 percent of the lots; that the public spaces surrounding the homes create an admirable ambiance; that Hyde Park in Tampa, Florida, is recognized as one of the finest historic urban residential areas in the country and contains many homes covering more than 50 percent of the lots; that new subdivisions created in the City should be exempt from the proposed ordinance for the following reasons: 1. New subdivisions are required to meet the requirements of the EDCM by providing stormwater retention on the property. 2. Individuals building within the new subdivision would recognize the types of homes being constructed and understand deed restrictions and FEMA requirements. Mr. Maddox stated that passing the proposed ordinance would create an incompatibility in the Lincoln Park on Hudson Bayou (Lincoln Park)which is approved as a subdivision; that homes are under construction and are at or exceed 50 percent; therefore, the remaining homes constructed in Lincoln Park at less than 50 percent creates an incompatibility, that new subdivisions are allowed to have private roads, which would count against the homeowner's impervious surface area, creating an inequitable situation; and referred to a map displayed on the overhead projector indicating the Coastal Drainage Basins. Mr. Maddox continued that Lincoln Park is not within the Coastal Basin area; that the method of determining the boundaries of the ISOD is unknown; that Lincoln Park and the surrounding areas are not part of the Coastal Basin; that the reason for including Lincoln Park in the ISOD is questioned; that home sites abutting Hudson Bayou along Lincoln Drive drain into Hudson Bayou; that Lincoln Park is on the west side of Osprey Avenue; that homes exist on the east side of Osprey Avenue; that exactly the same condition of draining into the same body of water exist; however, one area would be affected and the other not, creating an incompatibility issue; that the issues of the mega-house should be addressed under a different ordinance, not under a stormwater or ISOD ordinance. Mayor Cardamone asked if the suggestion is to draft a mega-house ordinance and eliminate the stormwater runoff and impervious surface ordinance? Mr. Maddox stated that eliminating the proposed ordinances and drafting a mega-house ordinance is the proper approach; that in- fill projects in existing neighborhoods are a concern; that the ISOD is not an avenue to control construction of mega-houses; that the City is encouraged explore alternative means. Mayor Cardamone stated that a mega-house ordinance may contain a 50 percent lot coverage limitation. Mr. Maddox stated that new subdivisions should be exempt from the 50 percent requirement as stormwater control is being provided. Mayor Cardamone requested that other interested persons come forward and the following interested persons came before the Commission: Titan DuPlantier III, 3607 Flamingo Avenue (34242), stated that the Bay Island/Siesta Key Association objects to the wording of Ordinance No. 4184; that the percentage of lot coverage is being BOOK 46 Page 18946 12/06/99 6:00 P.M. BOOK 46 Page 18947 12/06/99 6:00 P.M. mixed with stormwater runoff; that Staff defines a Run-off coefficient - "C" factor as follows: A value expressed in numerical form for various surfaces based on the surface roughness, capabilities of absorption, and slope. The higher the coefficient number (the highest being 1) such as 0.95 for concrete, asphalt or roofs, the higher percentage of each rain drop is more rapidly runoff a surface. Mr. DuPlantier stated that the homeowner should be allowed to offset roof areas; that water runoff can be diverted to retention areas underground; that provisions should be made for negotiation; that installing a gravel rather than a concrete driveway could be a trade-off in eliminating impervious surfaces if adding a room to a house in conformance with zoning laws exceeds the C factor; that better defining the C factor is recommended. Ken Shelin, President, St. Armands Residents Association Inc. 117 N. Washington Boulevard (34236), stated that significant drainage and flooding problems exist in the City especially on barrier islands and coastal areas; that not having data to document and justify the drainage problems underlying the proposed ordinances is the fault of the City; that Staff was assigned to discuss and document such issues with the Water Resources Division of the US Geologic Survey in October 1996 but was removed from the assignment shortly thereafter; that the turn of events and the City Attorney's comments regarding the Elawed proposed ordinance is shocking; that the City Attorney's Office was represented at every meeting of the PBLP during the development of the proposed ordinance; that suddenly being presented with a flawed ordinance is not understood; that considering a moratorium on residential construction in the ISOD is encouraged if the flaw justifies a delay in approval of the proposed ordinance; that a lot coverage restriction exists in Section 8-9, Zoning Code (1998); that the restriction applies to the entire City and is 35 percent for residential classifications; that the restriction only applies to the residence, not additional structures and impervious materials such as paving for driveways, patios, pools, walkways; that a number of extremely large structures which exceed 60 to 70 percent coverage of the lot have been rebuilt in flood-prone areas due to exemptions and variances and broad interpretation of the Zoning Code (1998); that no specific zoning or other requirement currently being enforced by the City is designed to minimize or mitigate drainage problems created by development of large structures; that FEMA has paid out 30 separate claims for structural damage to residential and commercial properties over the last 14 years on St. Armands Key alone; that two-thirds of the claims were for residential properties; that the County has undertaken another in a series of studies designed to identify methods of controlling flooding and rapidly draining accumulated water from streets and properties; that a final report of the most recent study will be issued in December 1999; that the report will propose the expenditure of approximately, $4.1 million to mitigate but not solve the problem; that the continued construction of residences on St. Armands Key covering large amounts of land may well nullify the benefits of such remedial efforts; that past and future expectations for flooding contribute to the high flood insurance premiums homeowners pay in areas covered by the proposed ordinance; that the City has a responsibility to improve the flood rating by enforcing FEMA setbacks, stormwater management, and building and zoning code regulations; that the proposed ordinances can be implemented by the City and will make life safer and more livable in the City; that the alternative is for the City and other governmental agencies to tax the citizens more and more to pay for more and more complex and costly devices to drain away the water nature could handle much more efficiently; that the drainage issue has been debated for seven years; that in the past, the City determined a 35 percent lot coverage restriction on residences is reasonable for all areas of the City; that the proposed ordinances have more flexibility than the Zoning Code (1998) as the 35 percent lot coverage restriction is removed; that a homeowner can bury the residence in ancillary structure sizes as long as staying within the 50 percent lot coverage limit; that the failure to develop a code which prevents damage to adjacent residences may put the City at risk of claims under the Chapter 70, Florida Statutes, also called the Bert J. Harris, Jr., Private Property Rights Protection Act; that owners of non- conforming properties or properties becoming non-conforming are treated the same way as under current requirements as pre- existing structures are grandfathered by the proposed ordinances; that the proposed ordinances are a simple, cost effective means for the City to mitigate flooding problems facing homeowners on the barrier islands and low-lying coastal areas; that approving the proposed ordinances is encouraged; that the City's help is required. Katherine Cover, P.O. Box 8073, Longboat Key (34228), was no longer present in the Chambers. Mayor Cardamone stated that an additional ex parte communication occurred on December 5, 1999, with Joe Angeleri. Joe Angeleri, 1221 Hillview Drive (34239), stated that the proposed ordinances have filtered down a variety of problems, i.e., mega-houses, stormwater flooding problems, etc.i that the mega-house problems exist throughout the City, County, and Longboat Key; that a misconception is the choice is between either a very small FEMA-controlled remodeling project, i.e., the restrictive 50 percent rule, or tearing down the house and BOOK 46 Page 18948 12/06/99 6:00 P.M. BOOK 46 Page 18949 12/06/99 6:00 P.M. building a mega-house; that building as big a house as possible is almost an obligation due to property values and contributes to the flooding problem; that an alternative is available and should be explored; that for a typical 1950s or 1960s three-bedroom ranch home on waterfront property, the roof can be removed, the floor raised to conform with FEMA regulations and the structure built leaving the garage at the existing elevation which is in compliance with FEMA regulations; that the system has been personally utilized several times and looks great, works well, is cost-effective, has minimum negative cosmetic effect on surrounding properties, and mitigates the runoff problem; that the City, County, Longboat Key and waterfront communities have a lack of understanding of the FEMA regulations which is demonstrated by the municipal interpretations of the FEMA regulations; that FEMA is a Pederally-mandated regulation passed down to the State and eventually the municipalities; that the municipalities often interpret the FEMA regulations based on an agenda; that the Commission is encouraged to conduct a FEMA workshop to better understand the regulations; that municipal interpretations make intelligent FEMA reconstruction much more difficult than dictated by the FEMA regulations, discourage intelligent FEMA reconstruction in the flood zones, and encourage the tearing down of homes to build mega-houses. Kafi Benz, Director of the Indian Beach/Sapphire Shores Neighborhood Association, P.O. Box 2900 (34230), referred to the map of the coastal areas displayed on the overhead projector and stated that the map falls short of the City's boundaries; that the City goes to the Manatee County line on the bayfront; that the portion to the west of Uplands Boulevard at the most northerly point is left out; that the Indian Beach/Sapphire Shores Neighborhood Association (IB/SSA) requested the entire IB/SSA boundaries be included in the proposed ordinances as the entire neighborhood lies in a coastal basin and has drainage problems which was supported by a vote of the Coalition of City Neighborhood Associations (CCNA). Lawrence Button, 801 South Boulevard of Presidents (34236), stated that the proposed ordinances include driveways, swimming pools, outbuildings, sidewalks, etc. in the 50 percent restriction; that 50 percent substantially fills up a lot; that Lido Key has much experience with mega-houses; that buyers will pay from $450,000 to $650,000 for a house, tear down the house, and build a $2 or $3 million mega-house; that the new homebuilders are unknown to the residents of Lido Keyi that many of the newly constructed mega-houses have been sold three or four times; that only one owner of a mega-house belongs to the Lido Key Residents Association; that mega-houses cause negative side effects to the neighborhood. Jane Carrigan, St. Armands Residents Association, Inc. 101 North Adams Drive (34236), stated that in October 1996, representatives of the St. Armands Residents Association, Inc. (Association) spoke to Staff regarding impervious surfaces and stormwater runoff; that the County indicated the average home in the County contains 3,153 square feet of impervious surfaces on a quarter- acre lot; that impervious surfaces consist of the roof over the house, patios, and driveways; that a quarter-acre lot contains 10,890 square feet; that the proposed ordinances provide no more than 50 percent of the zoning lot will be covered by impervious surfaces; that a quarter-acre lot is the average lot size in the County; that 50 percent of a quarter-acre lot is 5,454 square feet; that comparing the 3,153 square-foot size of the average home to the allowed impervious surfaces leaves 2,292 extra square feet for a larger home, pool, walkways, etc.; that considering the 50 percent restrictive is not understood; that Longboat Key has placed a 50 percent rule into effect; that the Association supports the proposed ordinances; that the County completed a $90,000 study to alleviate street flooding in a three-year, one- hour storm event; that alleviating street flooding was necessary as a replacement bridge will be built through a flood plain; that a scientific study currently being conducted by an engineering consulting firm will be affected by building on and covering over more land; that 105 acres has been and will continue as the main way out of much of Longboat Key; that pushing the stormwater into the streets by covering over the lots on St. Armands Key cannot continue; that the perception is the amount of green space in the City is decreasing; that commercial entities built in the past few years on the remaining centrally-located lands have increased and require large amounts of land for parking; that recent house construction without the requirement for such parking in the coastal areas is doing the same thing with massive uses of impervious materials surrounding the living space of the homes contributing to groundwater depletion and creating saltwater intrusion; that the PBLP provided green space as an integral and important portion of the ISOD; that rainfall is off almost eight inches from 1998 almost 13 inches from normal. William Couch, Acting President of the Greater Sarasota Chamber of Commerce, 1819 Main Street (34236), stated that the Greater Sarasota Chamber of Commerce (Chamber) has taken no official action regarding the proposed ordinances; that the Chamber will be addressing stormwater runoff and impervious suriaces in the weeks ahead; that learning the Commission intends to make adjustments to the proposed ordinances is pleasing; that a number of calls have been received regarding concerns of members of the Chamber as follows: the determination of the boundaries the selection of the 50-percent figure the requirement for more research as the 50 percent figure appears arbitrary BOOK 46 Page 18950 12/06/99 6:00 P.M. BOOK 46 Page 18951 12/06/99 6:00 P.M. Mr. Couch stated that a large number of infill development and redevelopment projects in the City are currently occurring and will continue in the future; that looking closely at the impact of the proposed ordinances on infill development is suggested; that preparation of an economic impact analysis prior to adopting an ordinance is desired; that the law of unintended consequences demonstrates an improperly drawn ordinance may create more development of mega-houses by higher construction of buildings; that considering swimming pools as impervious surfaces is surprising; that soil types should be considered before imposing lot coverage restrictions; that homes built on sand dunes allow virtually,no runoff from the property. Burt Polisheck, Indian Beach/Sapphire Shores Association. 3931 Bay Shore Road (34234), stated that learning the proposed ordinances are flawed is difficult to believe; that a management technique to kill something is to repeatedly ask many questions; that covering land on the bay with impervious surfaces causes water to run into the bay; that a stormwater drain on Bay Shore Road empties into a 24-inch pipe which empties into the bay; that nothing grows in the area in which the stormwater runs into the bay; that no fish exist in the drainage area; that the 50 percent restriction is not unreasonable; that reaching a decision on a proposed ordinance will take a long time; that personal experience includes considerable work with corporate attorneys; that the advice provided by the City Attorney would not have been considerable acceptable. John Harshman, 2450 Cardinal Place (34239), stated that knowledge of the proposed ordinances was not obtained until November 28, 1999; that the language of the proposed ordinances was surprising; that two different houses have been owned in the Bayview Heights Subdivision in the past 15 years; that the impact on the market value of houses in the subdivision is a concern; that few mega-houses exist in the neighborhood; that the impact on the ability to sell a home in the neighborhood is a concern; that as concern is if adding a tennis court or enlarging a patio would be precluded by the proposed ordinances; that the apparent arbitrariness of the boundaries of the ISOD is perplexing; that a conversation with Staff resulted in learning the three issues of concern are: 1) mega-houses, 2) runoff into the bay, and 3) runoff onto neighbors' property; that the proposed ordinances are an attempt to address all three issues; that the three issues should be addressed separately; that mega-houses are a result of changes in lifestyle; that the work the City has performed with the National Estuary Program (NEP) has had positive results; that the bay is now healthy; that maintaining the health of the bay within reason is encouraged. Mayor Cardamone requested that the City come forward for rebuttal. Mr. Hess referred to mega-houses and houses with impervious surfaces surveyed included in the Agenda material and stated that a survey of larger homes in the ISOD boundary identified the impervious surfaces of the homes; that many of the surveyed homes covered more than 50 percent of the property; that a few surveyed homes covered less than 50 percent of the property; that the 50 percent coverage restriction was inspired by Longboat Key's regulation; that the ISOD's boundaries were drawn initially as mega-house boundaries; that the boundaries were determined by locations in which mega-houses would more likely be built in the City; that the nearness of the boundaries to the coastal drainage area is coincidental. Mayor Cardamone stated that Staff's explanation is appreciated as the proposed ordinances began as an issue involving St. Armands and Lido Keys which became more extensive and difficult to allow a comfort level for residents with the City's intent; that addressing only the barrier islands is preferred; that the mainland can be addressed at a later date; that Longboat Key and Sanibel Island have a 50 percent lot coverage restriction; that the City patterned the 50 percent restriction after other communities. Mr. Hess stated that Sanibel Island has stricter restrictions; that lot coverage is limited to 15 percent and 25 percent based on environmental zones. Mayor Cardamone asked how long Longboat Key's 50 percent restriction has been in place? Mr. Hess stated five years. Mayor Cardamone stated that Longboat Key is conserving green space; that a barrier island should conserve green space. City Auditor and Clerk Robinson stated that the following documents listed in a December 6, 1999, memorandum from Sarah Schenk, City Attorney's Office, entitled Documents Entered Into the Record at the December 6; 1999, City Commission Public Hearings regarding proposed Ordinance No. 00-4184 and 00-4185, Impervious Surface Overlay District (ISOD) are entered into the public record: 1. The City Staff reports, agenda packet of the Planning Board/Local Planning Agency (PBLP) all exhibits and correspondence submitted for the record by persons speaking at the workshop held June 24, 1999, the audio tape recording and Minutes of the workshop before the Planning Board, including but not limited to, the memorandum from Dennis Daughters, City Engineer, to Paul Costanzo, Chief Planner, dated June 18, 1999, re: Proposed Stormwater Overlay District Exemptions. BOOK 46 Page 18952 12/06/99 6:00 P.M. BOOK 46 Page 18953 12/06/99 6:00 P.M. 2. The City Staff reports and agenda packet of the Planning Board for the public hearing held July 22, 1999, including all exhibits and correspondence submitted for the record by persons speaking during the public hearing, the audio tape recording and Minutes of the public hearing before the Planning Board. 3. The 23 sketches prepared by the Planning and Development Department with a cover sheet entitled: "Mega-Houses for Review", dated May 21, 1999. 4. The City Staff reports and the agenda packet of the Planning Board for the public hearing held October 6, 1999, including all exhibits and correspondence submitted for the record by persons speaking during the public hearing, the video tape recording and Minutes of the public hearing before the Planning Board. 5. The map entitled: "Proposed Impervious Surfaces Overlay District with underlying zoning. 6. The City Staff reports and the agenda packet of the City Commission for the public hearings on proposed Ordinances 00-4184 and 00-4185 held December 6, 1999, including all exhibits and correspondence submitted for the record by persons speaking during the public hearings, the video tape recording and Minutes of the public hearings. 7. The report titled: "Sarasota Bay, The Voyage to Paradise Reclaimed, 1995, The Comprehensive Conservation and Master Plan for Sarasota Bay", published by the Sarasota Bay National Estuary Program. 8. The Zoning Code of the City of Sarasota (1998). 9. The City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition. 10. The Engineering Design Criteria Manual (EDCM). Mayor Cardamone requested that Affected Persons come forward for rebuttal. Mr. Harrington stated that Longboat Key's building code requires 100 feet of road frontage for a buildable lot; that for the most part Longboat Key is a Planned Unit Development (PUD) and cannot be compared to the City; that a house may be built on a 50-foot lot on Lido Key; that Longboat Key has had a 50 percent restriction in effect for over 12 years. Mayor Cardamone stated that Longboat Key conducted very careful town planning; that the problem of flooding and green space is the same for a 100-foot lot or 50-foot lot. Mr. Harrington agreed and stated that rain is not necessary for flooding on St. Armands Key; that high tides will flood St. Armands Key. Mayor Cardamone asked for Commissioner's supplemental comments, if any. Commissioner Quillin stated that the concern regarding stormwater runoff and impervious surfaces originally developed from the problems on St. Armands Key; that the MPO is reviewing and developing solutions to the problems; that the purpose of including other areas is not known; that a workshop should be conducted to review the problems and recommended solutions; that personal friends on Jefferson Avenue, who do not live on the bayfront and have no nearby mega-houses, experience approximately seven inches of flooding with only a small amount of rain; that flooding is a Citywide problem; that the problems on St. Armands Key are not being diminished; that personal involvement and concern has existed for years; that the desired accomplishments should be considered and addressed in a workshop. Commissioner Hogle stated that reviewing the proposed ordinances from the enforcement perspective causes uncomfort; that Staff should not be criticized; that Staff acted as directed by the Commission and the PBLP; that the issues of mega-houses and flooding should be considered in Phase 2 of the Land Development Regulations (LDRs), adopted as the Zoning Code (1998); that the proposed ordinances do not prove a positive impact on the bay; that the proposed ordinances exempt existing property owners from stormwater runoff or attenuation requirements; that roof runoff should be addressed; that the proposed ordinances pit mega-house residents against residents desiring mega-houses in the future; that the proposed ordinances are not equitable to all City residents; that the MPO and City should move forward soon with flooding improvement on North Washington Drive; that Phase 2 of the LDRS will prevent construction of unsightly mega-houses. Mayor Cardamone asked if the application for a building submitted by Mr. and Mrs. Ritchey would be affected if the proposed ordinances were immediately approved? City Attorney Taylor stated that the proposed ordinances as drafted require the building permit must be issued for exemption from the requirements; that an ordinance could be written to provide an application on file and diligently pursued is exempted from the ordinance's provisions; that the proposed ordinances would adversely affect Mr. and Mrs. Ritchey. Mayor Cardamone stated that denying construction of a home not in compliance with the proposed ordinances after the building permit process is a concerni that the City Attorney's response was not expected; that a more global answer was anticipated such as the BOOK 46 Page 18954 12/06/99 6:00 P.M. BOOK 46 Page 18955 12/06/99 6:00 P.M. City cannot pass an ordinance affecting the applicant after the fact if an application is in process. City Attorney Taylor stated that a legal question always exists as to the City's ability to change the requirements affecting a pending application; that the proposed ordinances are unusual in being very restrictive; that pressure must have been received to draft such an ordinance. Mayor Cardamone stated that the public is reminded the Commission did not draft the proposed ordinances and is receiving public input for the first time; that some problems are apparent; that Lincoln Park has two buildings and will apply for six or seven more building permits; that forcing Lincoln Park to comply with the proposed ordinances imposing additional cost to redesign the entire development is grossly unfair and unacceptable; however, all new subdivisions should not be exempt from regulations concerning impervious surfaces lot coverage solely on the basis of having to comply with stormwater retention requirements; that for the City to become a city of concrete and roofs is undesirable; that requiring the same engineering on a small infill property as a large lot was previously unknown and raises a concern; that modest, good quality housing is necessary in the City; that the City's interpretation of FEMA requirements should be explored; that a swimming pool which has a concrete bottom is an impervious surface, preventing water from soaking into the ground; that less rain is received in the State as more asphalt is installed; that a direct correlation exists between the heat from the asphalt and the lack of afternoon rains; that no scientific data can be personally presented; that paving the City will not be supported; that green space, soils and lawns which absorb water and project moisture back into the atmosphere are necessary; that the initial consideration involved the barrier islands; that the reason for including other areas is not understood; that including the Hudson Bayou drainage area only up to the Osprey Avenue bridge is strange; that all or none of the Hudson Bayou drainage area should have been included; that no debate can occur on the merits of the proposed ordinances, which are not satisfying to anyone; and referred to illustrations in the Agenda material concerning the comparison of impervious and pervious surfaces of certain buildings which was very helpful. Mayor Cardamone continued that information concerning the amount of impervious surface represented by driveways, patios, swimming pools, concrete pads, etc., would be helpful; that site plans of homes with excessive impervious surfaces exclusive of the home would be appreciated. There were no other Commissioner supplemental remarks and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance Nos. 00-4184 and 00-4185 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to refer proposed Ordinance Nos. 00-4184 and 00-4185 back to Staff and the Planning Board/Local Planning Agency (PBLP) to deal with the issues presented. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. Commissioner Quillin stated that the issues are multi-level and include mega-houses, stormwater, impervious surfaces, etc., and should be presented to the Commission in a workshop to assure Staff, the PBLP, and the Commission are in accord; that Staff and members of the public have worked on addressing the various issues. Mayor Cardamone stated that several ordinances may be necessary to deal with the separate issues presented; and asked the wishes of the Commission concerning a workshop. Commissioner Hogle stated that the guidance of the Administration including any requirement for workshops will be followed; that all Commissioners can provide special input if desired; that education concerning the FEMA regulations would be helpful. Commissioner Quillin stated that the Commission is setting policy; that Staff should know the Commission's desired direction; that the Commission should provide direction to Staff; that valuable information could be learned at a workshop. City Attorney Taylor stated that the recommendation is to return the proposed ordinances to Staff for review and a report back to the Commission in the near future; that the Commission could request a workshop at that time. Commissioner Quillin quoted an October 9, 1995, memorandum from Mark Singer, City Attorney's Office, concerning the Board of Adjustment's consideration of a related ordinance as follows: according to the Office of the City Auditor and Clerk, the ordinance was never placed back on the agenda for the City Commission to consider. Commissioner Quillin stated that a determination should be made as to the priorities and which issue to address first; that the preferences of the community should be established; that the Commission is the policy maker. 14. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4187, TO REZONE REAL PROPERTY LOCATED AT THE SOUTHEAST BOOK 46 Page 18956 12/06/99 6:00 P.M. BOOK 46 Page 18957 12/06/99 6:00 P.M. CORNER OF FRUITVILLE ROAD AND EAST AVENUE, FROM THE MULPIPLR-FAMILY-RESIDENTIAL-3 (RMF-3) ZONE DISTRICT TO THE COMMERCIAL - CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT: ETC. (TITLE ONLY) APPLICATION NO. 99-RE-10, APPLICANT DOUG OLSON, MANAGING PARTNER FOR SOUTHBY PARTNERSHIP, LTD.) PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #3 (2091) through (2331) City Auditor and Clerk Robinson stated that Rezoning Application No. 99-RE-10 as incorporated in proposed Ordinance No. 00-4187 is to rezone real property located at the southeast corner of Fruitville Road and East Avenue from the Multi-Family Residential (RMF)-3 to the Commercial, Central Business District (C-CBD) Zone District; that the Applicant is Doug Olson, Managing Partner for Southby Partnership, Ltd. City Attorney Taylor stated that no one has filed for certification as an Affected Person; that the recommendation is to allow the Applicant 10 minutes for presentation and 5 minutes for rebuttal; that the City will have 5 minutes for presentation and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone and Commissioners Hogle, Mason and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Doug Olson, Applicant as Managing Partner for Southby Partnership, Ltd., came before the Commission and stated that the property is comprised of three residential homes; that the logical use of the property is as office use; that a neighborhood meeting was conducted and attended by two neighborhood residents; that no issues were raised at the neighborhood meeting; that at its November 3, 1999, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and indicated concerns about the uses of the propertyi that the Proffer Statement was redrafted to remove fast-food restaurants as a possible use. Mayor Cardamone requested that Staff come forward for the City's presentation. Mark Hess, Senior Planner II, Planning and Development Department, came before the Commission and stated that the property is in the Central City Land Use Classification on the Future Land Use Map; that the C-CBD Zone District is one of the implementing districts and is the only implementing district which allows the type of office use contemplated; that the Site Plan is not included with the rezoning Application; that the Applicant has proffered out certain uses and included limitations on building height and vehicular access in response to Staff's and the PBLP's concerns regarding potential compatibility with C-CBD Zone District; that at its November 3, 1999, meeting, the PBLP held a public hearing and found Rezoning Application No. 99-RE-10 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4187 subject to the following conditions: 1. The real property shall only be developed and used for the following types of land uses which are designated as permitted uses in the C-CBD Zone District: alarm system, security operation office; antique store; apparel/clothing store; appliance and household equipment sales, lease or service; art or framing gallery; art or craft supplies, retail; bakery, retail; barber or beauty shop, tanning salon; book, stationery store; dance and music studios; data and computer services; delicatessen; drive-through facilities, financial; employment office; essential governmental services; financial institutions; florist, plant or gift shop; funeral homes; health club or spa, exercise, exercise instruction or dance facility; interior design and decorating shop; jewelry store; locksmith; music store; newspaper office (without printing services; newspaper, magazine or tobacco store; office, business or professional; office or clinic, medical or dental; office equipment sales, lease and service; park; pet grooming services; photographic studios; photographic store, retail; printing shops; radio and television stations, residential, multi-family; restaurant, delicatessen; restaurant; shoe repair; tailor or dressmaker; travel agencyi variety, sundry or candy store; veterinary clinic; video, movie store (non- adult). 2. The real property - shall not be developed or used for any type of land use which is not specifically listed, notwithstanding that such uses may be at the present time or hereafter designated as permitted uses in the C-CBD Zone District. 3. Vehicular access to and from the subject property shall be limited to the Halton Place and East Avenue frontages. Direct vehicular access to and from Fruitville Road is prohibited. BOOK 46 Page 18958 12/06/99 6:00 P.M. BOOK 46 Page 18959 12/06/99 6:00 P.M. 4. Notwithstanding the maximum height allowed by the provisions of Section VI-1603 (A), Zoning Code (1998), the maximum height of any structure to be built on the subject property, including all roof top appurtenances or embellishments of any nature, shall be eighty feet as measured from grade. 5. Prior to the commencement of a non-residential use on the subject property within any existing structure or prior to the redevelopment of the property, whichever occurs first, sidewalks shall be constructed along all frontages abutting public rights-of-way consistent with the requirements of the City of Sarasota Engineering Design Criteria Manual (EDCM). City Auditor and Clerk Robinson stated that no one has signed up to speak. Mayor Cardamone stated that neither the Applicant nor the City has rebuttal, requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4174 by title only. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4187 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4174, PROVIDING FOR DESIGNATION OF THE STRUCTURE LOCATED AT 1970 MAIN STREET HISTORICALLY KNOWN AS THE CRISP BUILDING AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 99-HD-09, APPLICANT MIKKI HARTIG, AS AGENT FOR THE OWNERS KAUFFMAN FAMILY PARTNERSHIP #1, LTD., A FLORIDA LIMITED PARTNERSHIP) = PASSED ON FIRST READING (AGENDA ITEM IV-B-4) #3 (2337) through (2440) City Attorney Taylor stated that Historic Designation Application No. 99-HD-09 as incorporated in proposed Ordinance No. 99-4174 concerns the historically designated structure located at 1970 Main Street historically known as the Crisp Building; that no one has filed for certification as an Affected Person; that the City is the Applicant; that the proposed ordinance concerns a building which has been before the Commission previously; that a scrivener's error in the legal description is contained previously approved ordinance historically designating the building; that proposed Ordinance No. 99-4175 is being presented to correct the error and properly apply the historic designation to the property. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone and Commissioners Hogle, Mason and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing. City Auditor and Clerk Robinson stated that no one has signed up to speak. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4174 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4174 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Quillin, yes; Cardamone, yes; Hogle, yes. Mayor Cardamone stated that the following two November 5, 1999, letters were received from Janet Snyder Matthews, Ph.D., State Historic Preservation Officer, Florida Department of State: concerning the Crisp Building, 1970 Main Street, indicating the Florida National Register Review Board has recommended the property be formally nominated for listing in the National Register of Historic Places concerning the Hall-Gillette House, 1620 Wewa Drive, indicating the Florida National Register Review Board has considered the proposal to nominate the property for listing in the National Register of Historic Places but recommended the property not be nominated as construction of a large bedroom and other changes have changed the historic appearance of the building 16. CITIZENS' INPUT CONCERNING CITY TOPICS #3 (2420) through (2440) There was no one signed up to speak. BOOK 46 Page 18960 12/06/99 6:00 P.M. BOOK 46 Page 18961 12/06/99 6:00 P.M. 17. UNFINISHED BUSINESS: REPORT RE: RFP FOR LEMON AVENUE MALL - APPROVED NOT TO PROCEED WITH THE REQUEST FOR PROPOSAL (RFP) FOR THE LEMON AVENUE MALL UNTIL THE COMPLETION OF THE CRA MASTER PLAN UPDATE, WHICH SHOULD BE COMPLETED QUICKLY (AGENDA ITEM VI-1) #3 (2440) through (2720) City Manager Sollenberger stated that at the November 15, 1999, Regular Commission meeting, the Commission discussed the Request for Proposal (RFP) for the Lemon Avenue Mall and indicated the Commission's expectation was an RFP would be prepared and circulated; that the RFP was drafted; however, an Administrative decision was made not to proceed as the quiet title action concerning the Lemon Avenue Mall was not resolved until September 1, 1999; therefore, a tenant would not have been on site for the current season; that more cogently, the Commission has determined to proceed with an update of the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan), one focus of which will be to consider Lemon Avenue from Fruitville Road to the intersection with Pineapple Avenue; that the character of Lemon Avenue changes block by block; that the Downtown Association of Sarasota, Inc. (Downtown Association), conducted a charette with a resulting recommendation for some action at the Lemon Avenue Mall and a suggestion for extending the paving of Lemon Avenue next the Lemon Avenue Mall to allow expansion for use for downtown events; that specific recommendations will be forthcoming from the CRA Master Plan update; that additionally, a final determination concerning the Sarasota County Area Transit (SCAT) transfer facility has not yet been made; that the location of the SCAT transfer facility and the character of Lemon Avenue which may evolve as a result of the CRA Master Plan update will impact the type of use and types of proposals for the Lemon Avenue Mall; therefore, an RFP should not be issued until the CRA Master Plan update is completed and the decision concerning the SCAT transfer facility is made; that in the interim, the Commission requested review of a proposal for the use of the Lemon Avenue Mall from the Downtown Association; that representatives of Café Kaldi also spoke before the Commission; that Agenda Item VI-2 is a companion item to Agenda Item VI-1 and concerns a proposed month-to-month lease for the Lemon Avenue Mall. Mayor Cardamone stated that the Administration's recommendation is not to issue an RFP for the Lemon Avenue Mall until the completion of the CRA Master Plan update. City Manager Sollenberger stated that is correct. Commissioner Hogle stated that the Administration's recommendation is the best action for the community at this time. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved not to proceed with the Request for Proposal (RFP) for the Lemon Avenue Mall until the completion of the CRA Master Plan update, which should be completed quickly. Commissioner Hogle stated that the downtown would love to have the Lemon Avenue Mall reopened; that visits to downtown are often made; that the downtown is doing well; that Agenda Item VI-2 should be considered to address the Lemon Avenue Mall on a temporary basis. Commissioner Quillin stated that the CRA Master Plan update affects the CRA area. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (4 to 0) : Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 18. UNFINISHED BUSINESS: APPROVAL RE: PROPOSAL BY CAFÉ KALDI TO LEASE THE LEMON AVENUE MALL PROPERTY ON A MONTH-TO-MONTH BASIS - APPROVED (AGENDA ITEM VI-1-B) #3 (2720) through (3405) City Manager Sollenberger stated that the Administration's recommendation is to enter into a month-to-month, 30-day cancelable lease with Café Kaldi for the use of the Lemon Avenue Mall; that the purpose is to introduce activity into the Lemon Avenue Mall; that issuing a Request for Proposals (RFP) for a period of 12 to 18 months is not realistic; that an expectation to develop business and a following reward would be established; that the representative of Café Kaldi indicated an interest in a month-to-month lease, outlined the types of activities proposed, and recognizes no special City consideration will be forthcoming in a response to an RFP; and quoted a December 3, 1999, memorandum from Nancy Carolan, Director of General Services, to the City Manager outlining the proposed terms of a lease agreement as follows: Rent: Pro-rated, depending on use, based on rent paid by prior tenant. $25 per day for weekends. City Manager Sollenberger stated that the rent is minimal; that the prior tenant paid approximately $520 per month; that the anticipation is to open the Lemon Avenue Mall on only certain days of the week; that weekends days will be $25 and week days less; that the opportunity to introduce some activity into the area is the City's interest; that the City Attorney's Office will develop the lease agreement if the terms are approved by the Commission. BOOK 46 Page 18962 12/06/99 6:00 P.M. BOOK 46 Page 18963 12/06/99 6:00 P.M. Mayor Cardamone quoted the December 3, 1999, memorandum as follows: Minor Improvements: Require approval of the City Manager or his designee and are defined as improvements under $10,000. Mayor Cardamone asked at whose expense the improvements will be made? City Manager Sollenberger stated that the City will not make an investment in improvements at this time; that the improvements referenced will be primarily to Clean up the premises and to install a perimeter such as ropes. Chris Keesecker, representing Café Kaldi, came before the Commission and stated that assets of the former Main Street Depot at the Lemon Avenue Mall will be used as is; that some of the equipment is working; that any improvements will be at the expense of Café Kaldi up to $10,000; that any expansion would require the approval of the City Manager and/or Commission. Mayor Cardamone quoted the December 3, 1999, memorandum as follows: Permits, Licenses, Tenant is responsible for obtaining all Impact Fees permits required and to maintain all required licenses to operate a Café. Tenant is bound by all rules, regulations, and ordinances of the City. Mayor Cardamone asked the manner in which the necessary permits will be expedited? City Manager Sollenberger stated that the permits will be expedited; that the City Attorney's Office will draft a lease; that the representative of Café Kaldi would like to look at the property beginning December 7, 1999; that a waiver of liability will be required; that an opening is anticipated very soon. Mayor Cardamone stated that a report is requested at the December 20, 1999, Regular Commission meeting. City Manager Sollenberger stated that the expectation is for an opening on December 18, 1999. Mayor Cardamone stated that serious comments were previously made by the representative of Café Kaldi to the Commission concerning suing the City regarding the issuance of the previous RFP; and asked if the lawsuit will be dropped if the lease is approved? Mr. Keesecker stated that the interest is to work with rather than against the City; that the downtown is becoming a one- entertainment area; that the downtown retailers would rather work with everyone in the downtown area. Mayor Cardamone asked if the idea of a lawsuit will be dropped in the event the lease develops as expected? Mr. Keesecker stated yes; that not much would be gained by accepting the generous extension of an olive branch and returning with a lawsuit; that the effort has been to make the City comfortable with the terms of the lease arrangement. Mayor Cardamone stated that personal efforts were directed at an attempt to assure activity at the Lemon Avenue Mall; that a request was made to the Downtown Association to open the facility; and asked if the Downtown Association agrees the proposal will work for the downtown? City Manager Sollenberger stated that the proposal was discussed with the Executive Director of the Downtown Association who is in agreement. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to approve the lease of the Lemon Avenue Mall property to Café Kalki on a month-to-month, 30-day cancelable basis. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. 19. REPORT RE: INDIAN BEACH RESTORATION PROJECT = ACCEPTED THE CONCEPT PLAN FROM COASTAL TECHNOLOGY CORPORATION AND AUTHORIZED THE CONSULTANT TO PROCEED WITH THE FINAL DESIGN AND BIDDING PHASES OF THE PROJECT (AGENDA ITEM VI-2) #3 (3405) through #4 (0080) Dennis Daughters, Director of Engineering/City Engineer, and Dr. Cliff Truitt, Senior Coastal Engineer, Coastal Technology Corporation (Coastal Tech), came before the Commission. Mr. Daughters stated that the Commission approved the selection of Coastal Tech to prepare a concept plan for the Indian Beach Shoreline Restoration Project; that the input of the Indian Beach/Sapphire Shores Association (IB/SSA) was solicited; and distributed and read a December 3, 1999, letter from Alan Lillie, Chairman, Beautification Committee and Director, IB/SSA, to the Mayor indicating numerous meetings have been held, strong support for the project, confidence in the approval of the IB/SSA, and appreciation for the efforts of the Engineering Department, in particular Alexandrea Hay, Deputy Director of ingineering/Deputy City Engineer. BOOK 46 Page 18964 12/06/99 6:00 P.M. BOOK 46 Page 18965 12/06/99 6:00 P.M. Mayor Cardamone stated that the concept plan is well done; that the area is well known; that the area can be very attractive and beautiful. Dr. Truitt referred to a board display of the preliminary design and stated that much of the beauty was the result of the design of JoJo Lindquist, Registered Landscape Architect, who worked on the project; that the site is unusual; that erosion has occurred over the years; that aerial photography from the 1960s was reviewed; that 2 or 3 feet of shoreline recession yearly, consuming 10 to 20 feet of beach over the period studied, has not occurred, i that the area is relatively stable and has fluctuated back and forth; that a severe storm from the right angle and of the right duration will cut into the embankment; that Coastal Tech was successful in working with City Staff and the IB/SSA in developing a solution which treats the specific type of erosion but does not consume the site. Mayor Cardamone stated that the stair approach, the walkways, the rails are much nicer than originally anticipated three to four years ago; that the site will be much nicer than originally envisioned. Commissioner Quillin stated that a fine job has been accomplished. Mayor Cardamone stated that the beach has never been broad; that a storm three to four years ago did some damage; that the opportunity is provided to create a nice beach and wading spot. City Manager Sollenberger stated that the Administration recommends a motion to accept the concept plan and to authorize the consultant to proceed with the final design and bidding phases of the project. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to accept the concept plan from Coastal Technology Corporation and authorize the consultant to proceed with the final design and bidding phases of the project. Mayor Cardamone asked the anticipated date for completion? Dr. Truitt stated in four to five months, depending upon procurement time. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. 20. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (0080) through (0085) There were no Commission Board or Committee reports. 21. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - (AGENDA ITEM X) #4 (0085) through (0250) COMMISSIONER QUILLIN: A. referred to the December 1, 1999, Commission Information Memorandum regarding Item No. 10, speed zones on Big Pass and stated that the anticipation was to review no- wake zones in many inlets. City Attorney Taylor stated that the City has no authority concerning no-wake zones; that the State must pass specific rules concerning no-wake zones; that the County must approach the State; that an effort was made to provide no-wake zones; however, the City abandoned the effort after three years; that the City can accomplish City regulations quicklyi however, the no-wake zone will require a study and accomplishment through appropriate channels; that a commitment of resources will be required. Commissioner Quillin stated that the suggestion was to move the no-wake zone at the Sarasota Quay, which is privately owned, out 500 feet; that the paperwork could be started. B. stated that the "Get-It-Done" list causes concern. Mayor Cardamone stated that items from some years ago exist on the list; that items which cannot be accomplished or will require extensive time should be returned to the Commission with a recommendation; that a new list should be started for the year 2000. 22. OTHER MATTERS /ADMINISTRATIVE OFFICERS - SCHEDULED A PUBLIC HEARING CONCERNING THE CITY'S ELECTION SYSTEM FOR THE DECEMBER 20, 1999, REGULAR MEETING (AGENDA ITEM XI) #4 (0250) through (0390) CITY ATTORNEY TAYLOR: : A. stated that the Supervisor of Elections has advised the issue of the at-large Commission seats must be set for public hearing soon to appear on the March 2000 ballot and asked if the issue should be brought forward? Mayor Cardamone stated yes; that an election will also occur in November 2000. City Auditor and Clerk Robinson stated that is correct; that the issue could be placed on the Agenda for the December 20, 1999, BOOK 46 Page 18966 12/06/99 6:00 P.M. BOOK 46 Page 18967 12/06/99 6:00 P.M. Regular Commission meeting if desired; that the Supervisor of Elections requires the necessary information by mid January 2000 to appear on the March 2000 ballot; that two readings of an implementing ordinance are required; that a special meeting could be held for second reading if desired. Mayor Cardamone stated that limited press coverage has been received; that placing the issue on the November 2000 ballot will result in placement at the end of the ballot, which is not to the City's advantage; that the March 2000 ballot is preferable. Commissioner Quillin if the court has provided a legal opinion? City Attorney Taylor stated that the City is no longer under the court's jurisdiction; however, the election process is subject to another challenge. Commissioner Mason stated that the issue should be set for public hearing at the December 20, 1999, Regular Commission meeting. Mayor Cardamone stated that a change in the election system represents a change to the City Charter; that if adopted, the proposed election system would be placed on the ballot for the voters to decide. City Auditor and Clerk Robinson stated that is correct. Mayor Cardamone stated that hearing the Commission's agreement, a public hearing will be scheduled for the December 20, 1999, Regular Commission meeting. CITY AUDITOR AND CLERK ROBINSON: : A. stated that the upcoming Commission meeting schedule is as follows: December 17, 1999 Joint Special meeting with 2 to 5 p.m. municipalities in Sarasota County December 20, 1999 Workshop concerning 2 to 4 p.m. Habitat for Humanity Mayor Cardamone asked if two hours' meeting time is required for the workshop. Commissioner Quillin stated yes. City Auditor and Clerk Robinson stated that the schedule for workshop for the year 2000 is being developed. 23. ADJOURN (AGENDA ITEM XII) #4 (0390) There being no Eurther business, Mayor Cardamone adjourned the Regular meeting of December 6, 1999, at 11 p.m. hscloe ASOTA MOLLIE C. CARDAMONE, MAYOR ATT TE 2 K : E Rolrnson BILLY, ROBINSON, CITY AUDITOR AND CLERK BOOK 46 Page 18968 12/06/99 6:00 P.M.