MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 3, 1997, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9(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 YEAR 1996 TO CHARLES RANDALL, CONSTRUCTION INSPECTOR, PUBLIC WORKS DEPARTMENT /1 UTILITIES DIVISION #1 (0049) through (0229) City Manager Sollenberger requested that Gilbert Leacock, Director of Public Works, William Hallisey, Facilities Operations Manager, Public Works Department, and Charles Randall, Construction Inspector, come before the Commission. City Manager Sollenberger stated that each month a city employee who serves with excellence and pride is honored as Employee of the Month; that Charles Randall has been selected as "the best of the best" among those recipients and is recognized as the Employee of the Year for 1996. Mr. Hallisey stated that Mr. Randall, who began his employment with the City for 12 years ago, has inspected large, multi-million dollar water and sewer construction projects; that properly implementing plans and specifications designed by the Engineering Department is a primary responsibility; that Mr. Randall is a seasoned professional who has earned the trust and confidence of co-workers as well as the public; that Mr. Randall is willing to work hard, rain or shine, at night, after hours, on weekends or whenever an emergency arises. Mr. Leacock stated that the City of Sarasota has been extremely fortunate in attracting and retaining competent, qualified personnel; that Charles Randall certainly exemplifies an employee who serves with excellence and pride. Mr. Leacock congratulated Mr. Randall on his outstanding achievement and being designated as the City's 1996 Employee of the Year. BOOK 41 Page 14088 02/03/97 6:00 P.M. BOOK 41 Page 14089 02/03/97 6:00 P.M. Mayor Cardamone presented Mr. Randall with a Seiko watch, a plaque, and a certificate as the 1996 Employee of the Year in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Randall recognized his wife, Marilyn, and his four children who were seated in the audience. 2. PRESENTATION RE: RECOGNITION OF THE CITY OF SARASOTA UNITED WAY DEPARTMENTAL TEAM LEADERS FOR THE 1996/1997 CAMPAIGN ACHIEVEMENT #1 (0229) through (0555) William C. Davenport, Director of Human Resources, introduced Michael Covert, Chief Executive Officer, Sarasota Memorial Hospital, 1996 Campaign Chairman, and Karen Rushing, Sarasota County Clerk of Circuit Court, 1997 Campaign Chairman, United Way of Sarasota County. Mr. Covert stated that the 1996 United Way Campaign is anticipated to exceed the $2.5 million goal established, which represents a significant increase in contributions; that the City of Sarasota employees have pledged $27,939, an 8% growth over prior years; that almost 1 out of every 2 employees participated in the program; that payroll giving increased from 26% to 32% although the City has 200 fewer employees. Ms. Rushing read in its entirety and presented to City Manager Sollenberger and Mr. Davenport an Appreciation Award plaque recognizing the City employees' outstanding community support of the United Way. Mr. Covert stated that individuals contributing $1,000 or more to the Campaign are recognized as Keel Club participants. Ms. Rushing presented City Manager Sollenberger and city Auditor and Clerk Robinson with Keel Club plaques. Mr. Covert stated that the following individuals contributed $500 or more and are recognized as Pathfinder participants: William C. Davenport, Director of Human Resources John Lewis, Chief of Police Gibson Mitchell, Director of Finance William Mitchell, Acting Executive Director of the Van Wezel Performing Arts Hall V. Peter Schneider, Deputy City Manager Mary Scott, Director of Information Systems Department Charles Senf, Micro Coordinator II The following Departmental Team Leaders were present to accept recognition certificates and gold award cups recognizing specific departmental participation by an increase in giving or increased payroll deduction: Florine Blake, Building, Zoning, and Code Enforcement Jean Berkey, City Manager's Office Vicki Bernardo, Sarasota Bay National Estuary Program Janice Docking, Human Resources/Risk Management Patricia Frazier, Bobby Jones Golf Complex/Ed Smith Stadium Alex Hernandez and Frances Scarbrough Public Works/Utilities Division Karen McGowan, City Auditor and Clerk Suzy Milburn, Finance/Accounting and Payroll Bill Mitchell, Van Wezel Performing Arts Hall Diane Nuttleman, Police Department - Non Uniform Pastelle Roate, Information Services Department Joan Rola, Planning Department V. Peter Schneider, Deputy City Manager, accepted recognition certificates and award cups for Paula Horton, Housing and Community Development, and Kim Lambert, General Services/Central Stores/Sarasota Mobile Home Park/Municipal Auditorium. Dennis Daughters, Director of Engineering/City Engineer, accepted a recognition certificate and award cup for Karen Lusk, Engineering. Gilbert Leacock, Director of Public Works, accepted a recognition certificate and award cup for Kim Motsinger, Public Works. Russell Pillifant, Deputy Police Chief, accepted a recognition certificate and award cup for Terry Winkel, Police Department - Uniform. Mr. Covert thanked the award recipients for their efforts and the City employees for their contributions. Ms. Rushing stated that the efforts of the Departmental Team Leaders are appreciated; that she looks forward to working with them as the 1997 United Way Campaign Chairman. 3. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JANUARY 21, 1997 = APPROVED (AGENDA ITEM I) #1 (0580) through (0597) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the regular City Commission meeting of January 21, 1997, are approved by unanimous consent. 4. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF THE JANUARY 8, 1997 = POSTPONED BOOK 41 Page 14090 02/03/97 6:00 P.M. BOOK 41 Page 14091 02/03/97 6:00 P.M. CONSIDERATION OF THE PBLP RESOLUTION GRANTING PETITION NO. 96-SE-10 UNTIL THE FEBRUARY 18, 1997, MEETING (AGENDA ITEM II) #1 (0597) through (1560) Jane Robinson, Director of Planning and Development, and Ronald Annis, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Annis presented the following item from the Planning Board/Local Planning Agency's regular meeting of January 8, 1997: A. Petition 96-SE-10 Mr. Annis stated that a quasi-judicial public hearing was held on Petition 96-SE-10, a request from the Community Housing Corporation (CHC) for an office use in an historically designated structure located at 1620 6th Street in the Residential, Multiple Family (RMF-3) Zone District; that the PBLP understood the rationale for having the CHC business office located in the community being served but had concerns with granting a special exception for the property which could extend beyond the occupancy of the residence by the CHC; that the PBLP found Petition 96-SE-10 consistent with the Sarasota City Plan and adopted a resolution granting the special exception with the following three conditions: 1. The uses be limited to administrative offices for a non-profit corporation. 2. The number of employees at the administrative offices be limited to five. 3. Termination of the special exception in the event the property is sold or the historic structure is leased. Mr. Annis stated that although parking for the site was a concern of the PBLP, legally structuring parking was not viewed as feasible; that the PBLP felt the parking requirements should be eliminated and the CHC allowed to continue the current manner in which vehicles are parked. Commissioner Merrill stated that granting a special exception for the property raises concerns regarding potential, future requests for similar intensity of uses if the CHC were to vacate the structure; that the CHC has been working within the Gillespie Park neighborhood and providing a service to the surrounding area; that considering the request by the CHC under a provision for model homes rather than as a special exception may be more appropriate. Mr. Annis stated that options other than the special exception were not considered by the PBLP; that an attempt was made to compile a record: 1) outlining the reasons the specific use by the CHC may be permitted while another office or commercial use of the property would not and 2) establishing a clear rationale of the linkage between the services provided by the CHC and the surrounding community. City Attorney Taylor stated that the prefacing clauses of the PBLP Resolution attempt to specify the findings which set the CHC apart from other profit-making organizations; that the petitioner tendered an ability for the City to revoke and terminate the special exception if the property is sold or the historic structure located upon the property is leased; that recording the PBLP Resolution in the public records provides the City with a legally defensible basis on which to enforce the termination clause if necessary in the future; that an organization would have to be very similar in nature to qualify for a continuation of the special exception. City Attorney Taylor continued that the Zoning Code provides only two mechanisms by which an office use can be authorized: 1) as a permitted use within the zone district or 2) as a use permitted by special exception. Commissioner Dupree stated that setting a precedent which would result in future requests for similar uses in the neighborhood or at the subject property is of concern. City Attorney Taylor stated that in addition to all things being equal, the criteria in the Zoning Code would have to be met; that the Commission could make a proper finding that one use was appropriate because of the particular location and circumstances but a similar use in a different location does not meet the criteria of the Zoning Code and therefore should be denied. Commissioner Merrill stated that the CHC currently provides a service to the immediate area; that the office use may be temporary; that he is reluctant to approve a special exception for an office use which is not directly related to redevelopment or improvements in the immediate area and which does not include a date specific for termination or re-evaluation of the special exception. Mr. Annis stated that testimony received from the CHC at the PBLP public hearing indicated that counseling services would be provided not only in Gillespie Park but to people in other areas of the City who are interested in participating in CHC programs. Commissioner Merrill stated that tying the special exception to continued activities in Gillespie Park would not preclude the CHC from counseling individuals and presenting projects in other neighborhoods but would require that the CHC continue to BOOK 41 Page 14092 02/03/97 6:00 P.M. BOOK 41 Page 14093 02/03/97 6:00 P.M. contribute to the neighborhood in order to retain the special exception for an office use in a house located within Gillespie Park. Commissioner Merrill requested clarification of the model home provision. Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and cited the following from Section 8-18(0) of the Zoning Code, pertaining to special exceptions in the Residential, Multiple-Family (RMF) Zone District: Model homes, which may be used as real estate office; provided that: (1) Model homes shall be designed so that duplicates thereof may be ordered and sold. (2) Exteriors of model homes shall not be modified in any way by display windows or otherwise give the appearance of use for commercial or other sales purposes. (3) Model homes shall conform to all regulations for single family homes in the RSF-3 district. (4) Site and development plan approval by the planning board shall be required. Mr. Litchet stated that the building at 1620 6th Street is an historically designated structure; therefore, the model home provision as currently drafted would not be applicable. Commissioner Patterson stated that Section 3 of the PBLP Resolution states that the City Auditor and Clerk shall schedule a resolution to terminate the special exception if and when the property is sold or leased but does not require the City Auditor and Clerk be notified of the sale or lease. City Attorney Taylor stated that a document indicating where notification should be given could be recorded with the resolution. Commissioner Patterson stated the Commission and the PBLP have expressed an interest in accommodating the request of the CHC, an organization viewed as directly beneficial to City neighborhoods; that including a date certain when the special exception would expire and requiring re-examination of the permission, e.g., after five years, may alleviate the unease Commissioners have regarding applicability of the special exception to other organizations or if circumstances change in the future. Mayor Cardamone stated that permitting the CHC to operate an office in Gillespie Park although activities may not continue in the immediate area is not opposed; that her concern is with other organizations viewing approval of the special exception request as precedent setting. City Attorney Taylor stated that the PBLP, after a quasi-judicial proceeding, adopted a resolution granting Special Exception Petition No. 96-SE-10; that the City Commission has the authority to set Petition No. 96-SE-10 for public hearing to receive input and to compile a record that would allow the PBLP Resolution to be altered. On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to set Petition No. 96-SE-10 for public hearing before the City Commission. Commissioner Merrill stated that he is generally supportive of allowing the CHC to operate administrative offices at the location requested but has questions regarding alternative mechanisms by which the request could be accommodated; that providing for a use to allow renovation plans and specifications to be shown in a renovated structure, although not a duplicate model of the houses to be renovated, may be beneficial in other City neighborhoods and could enhance the City's redevelopment efforts. Vice Mayor Pillot stated that his understanding of precedent is that when conditions in a subsequent circumstance are alike or nearly enough alike then the decision made previously may apply to a second and subsequent item; that the PBLP Resolution refers to a charitable purpose and a non-profit organization serving for the benefit of the public by providing financial assistance and counseling to home buyers; that the PBLP held a public hearing and voted unanimously to grant the special exception; that the Commission is familiar with the work performed by the CHC; that the City Attorney has advised that the numerous conditions placed in the PBLP Resolution would have to be met before precedent became a problem; therefore, he is opposed to setting the item for public hearing before the Commission and is prepared to vote on the PBLP Resolution presented. Mayor Cardamone called for a vote on the motion to set Petition No. 96-SE-10 for public hearing before the Commission. Motion failed (3 to 2) : Dupree, no; Merrill, yes; Patterson, yes; Pillot, no; Cardamone, no. Vice Mayor Pillot asked if the Commission can incorporate a sunset date into the PBLP Resolution? City Attorney Taylor stated that the PBLP Resolution was the result of a quasi-judicial hearing; that incorporating a sunset date would further restrict the special exception; that the BOOK 41 Page 14094 02/03/97 6:00 P.M. BOOK 41 Page 14095 02/03/97 6:00 P.M. petitioner should be provided an opportunity to put forth input regarding the restriction; that further input would not be necessary if the restriction if proffered by the petitioner. On motion of Vice Mayor Pillot it was moved to affirm the PBLP Resolution. Motion died for lack of a second. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to postpone consideration of the PBLP Resolution granting Special Exception 96-SE-10 until the February 18, 1997, regular City Commission meeting. Commissioner Patterson continued that the efforts and general cooperation of the CHC within the neighborhoods are known and respected; that permitting the CHC to counsel other neighborhoods from an office in Gillespie Park although activities may not continue in the immediate area is not opposed; that many non- profit organizations, although offering a good service, are not necessarily as considerate or pertinent to the specific welfare of City neighborhoods; that incorporating a time limit into the resolution was not suggested to restrict the CHC but to alleviate the concerns regarding precedent while the issues raised are addressed; that the motion to postpone the issue was made to determine if a five-year time limit is acceptable to the CHC. Mayor Cardamone asked if the intent is to provide for a five-year extension after a five-year review, as with leases, or to require the use be terminated at five years and the necessary processes be followed to acquire an extension? Commissioner Patterson stated that she has no formulated opinion; that the issue could come before the Commission as a second petition or go through the PBLP; that the Administration should recommend a process. Mayor Cardamone stated that the elimination of special exceptions is being considered in the Land Development Regulations Update; that special exceptions may no longer be available in five years. Commissioner Patterson stated that the type of special exception requested by the CHC may still be permitted but named differently. Mayor Cardamone called for a vote on the motion to postpone consideration of the PBLP Resolution until the February 18, 1997, regular City Commission meeting. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 5. CONSENT AGENDA NO. 1: ITEM NOS 1,2,3,4, AND 5 = APPROVED (AGENDA ITEM III-A) #1 (1570) through (1583) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an agreement with Nutri-Source, Inc., Orlando, Florida (R.F.P. #97-25) for the purchase and removal of compost and waste water residual products On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Item No. 1. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-953) = ADOPTED; ITEM 2 (RESOLUTION NO. 97R-955) - ADOPTED; ITEM 3 (RESOLUTION NO. 97R-959) = ADOPTED; ITEM 4 (RESOLUTION NO. 97R-960) = ADOPTED; ITEM 5 (ORDINANCE NO. 97-3988) - ADOPTED (AGENDA ITEM III-B) #1 (1583) through (1841) Mayor Cardamone requested that Item No. 3 be removed. City Auditor and Clerk Robinson read proposed Resolution Nos. 97R-955 in its entirety and proposed Resolution Nos. 97R-953, 97R-960 and Ordinance No. 97-3988 by title only. 1. Adoption Re: Proposed Resolution No. 97R-953, Accepts the Abatement of Nuisance and Cost Reports pertaining the removal of accumulation of junk, rubbish, trash and other offending matter and directs the assessment of liens against the property in each case (Title Only) 2. Adoption Re: Proposed Resolution No. 97R-955, appropriating $20,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund training at institutions outside the Sarasota Police Department 4. Adoption Re: Proposed Resolution No. 97R-960, calling for the First Municipal Election to be held on March 11, 1997, and the Second Municipal Election to be held on April 8, 1997, if required, for the purpose of electing two At-Large City Commissioners for a term of four years; setting forth the location of the polling places; names of clerks, inspectors and officers; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 97-3988, to vacate a 10 foot wide by approximately 190 foot long unimproved alley running easterly off north Osprey Avenue; said unimproved alley being located between 6th and 7th Streets, more particularly described herein; etc. (Title Only) (Petition No. 96-SV- 05, Petitioners BHJC, Inc., Thomas and Patricia Slattery, and Burt A. Zupa) BOOK 41 Page 14096 02/03/97 6:00 P.M. BOOK 41 Page 14097 02/03/97 6:00 P.M. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to adopt Consent Agenda No. 2, Items 1, 2, 4, and 5. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 3. Adoption Re: Proposed Resolution No. 97R-959, amending the City's formal Rules of Procedures for City Commission Meetings adopted by Resolution No. 96R-936 to add the Sarasota Community Code of Conduct for Public Meetings; etc. (Title Only) Mayor Cardamone stated that the Commission had previously been requested by a group of citizens to identify the week of February 3, 1997, as Civility Week in Sarasota and to incorporate a Code of Conduct for Public Meetings into the City Commissions Rules of Procedure; that Item No. 3 should be read in its entirety. City Auditor and Clerk Robinson read in its entirety proposed Resolution No. 97R-959 which included the following prefacing Clauses: WHEREAS, wise decisions by governing bodies of local governments can best be made in an atmosphere that allows for constructive debate; and WHEREAS, there has recently been an erosion in civility and decorum in the conduct of public discourse in the chambers of local governments; and WHEREAS, it is in the public interest that those citizens who participate in public meetings confine their remarks to the merits of pending questions and refrain from attacking the motives of other; and WHEREAS, the lack of civility and decorum constitutes an obstacle to community dialogue which is necessary to reach consensus on vital community issues; and WHEREAS, Resolution 96R-936, adopted by the City Commission on October 14, 1996, adopted formal Rules of Procedure to facilitate the orderly conduct of business at City Commission meetings; and WHEREAS, the City Commission believes that it is in the interest of the City to amend its formal Rules of Procedure to include the Sarasota Community Code of Conduct for Public Meetings in order to promote and encourage the observance of civility and decorum in public meetings. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to adopt Consent Agenda No. 2, Item 3. Mayor Cardamone stated that hearing no objections, the Administration is requested to place the verbiage of the Sarasota Community Code of Conduct for Public Meetings on the meeting agendas and on the sheets provided for people who sign up to speak before the Commission. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Mayor Cardamone requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3983, PERTAINING TO THE EXPIRATION OF PERMITS TO ALLOW VACANT PARCELS OF LAND TO BE UTILIZED AS TEMPORARY VEHICULAR PARKING AREAS AS SET FORTH IN SECTION 12-6, ZONING CODE; PROVIDING FOR A STAY OF THE EXPIRATION OF TEMPORARY VEHICULAR PARKING PERMITS ISSUED BY THE CITY MANAGER OR HIS DESIGNEE PURSUANT TO SECTION 12-6, ZONING CODE; IMPLEMENTING THE STAY FROM THE EFFECTIVE DATE OF THIS ORDINANCE TO THE EFFECTIVE DATE OF AMENDMENTS TO THE COMPREHENSIVE PLAN PERTAINING TO SUCH VACANT PARCELS WHICH MAY BE CONSIDERED BY THE CITY COMMISSION AND SUBSEQUENT REZONING OF THE REAL PROPERTY, IF ANY, TO WHICH THE TEMPORARY VEHICULAR PARKING PERMIT APPLY; SETTING FORTH FINDINGS AS TO NEED FOR AND PUBLIC PURPOSE SERVED BY SUCH AS STAY; REPEALING ORDINANCES IN CONFLICT; (TITLE ONLY)- PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (1896) through #2 (2254) City Attorney Taylor stated that the Commission took no action on proposed Ordinance No. 97-3983 on January 6, 1997, but after hearing a presentation by Attorney Stephen Rees, on January 21, 1997, requested that the ordinance be re-advertised for public hearing. City Attorney Taylor continued that Zoning Code Section 12-6(b) authorizes the city Manager to issue temporary parking permits BOOK 41 Page 14098 02/03/97 6:00 P.M. BOOK 41 Page 14099 02/03/97 6:00 P.M. for use of vacant parcels for an initial term of 180 days and provides for one renewal of the permit not to exceed 180 days; that the intent of the Code is to provide for adequate parking to accommodate the needs of businesses within the City; that Sarasota Ford obtained a temporary vehicular parking permit; that at the December 16, 1996, regular Commission meeting Sarasota Ford requested that the renewal permit be preserved and not allowed to expire; that proposed Ordinance No. 97-3983, prepared as directed by the Commission, does not amend Section 12-6(b) but places a stay on the expiration of the renewal permit until one of the following occurs: a) a Comprehensive Plan amendment with subsequent rezoning is approved, eliminating the need for a temporary parking permit; or b) a request for favorable consideration of an ordinance to amend the Comprehensive Plan or to rezone the vacant parcel for which the temporary parking permit was issued is denied. City Attorney Taylor stated that the proposed ordinance attempts to keep in full force and effect the temporary vehicular parking permit that was initially issued and subsequently extended because the City Commission's action to delay processing Comprehensive Plan amendments until the completion of the Land Development Regulations (LDRs) Update inhibited the property owner's ability to proceed with the necessary processes which are normally available to rezone the property. city Attorney Taylor continued that the proposed ordinance is not advocated by the City but is being presented as a way to deal with the problem the property owner has brought to the Commission's attention; that although the item has no petitioner, requesting a presentation from Sarasota Ford representatives followed by public input would be appropriate. Mayor Cardamone opened the public hearing. The following people came before the Commission: Stephen Rees, Attorney, Firm of Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P.A.; Vern Buchanan, Owner and President; and John Tosch, Vice President, Administration. representing Sarasota Ford. Attorney Rees displayed on the overhead projector a map reflecting the existing Sarasota Ford dealership, located in the Commercial, Intensive (CI) Zone District, and the portions of the temporary parking lot zoned Commercial, General (CG) and Residential, Multiple-Family (RMF-3). Attorney Rees stated that Sarasota Ford supports passage of proposed Ordinance No. 97-3983 on first reading; that Sarasota Ford is the holder of a renewal permit which was lawfully issued pursuant to Section 12-6(b) and had an expiration date of December 25, 1996; that prior to the expiration, Joel Freedman, AICP, Bishop and Associates, representing Sarasota Ford, explored with Timothy Litchet, Manager of Zoning and Code Enforcement, how to "keep alive" the use of the permit and the area of temporary parking; that the renewal permit deals solely with the vacant parcel zoned CG and RMF-3. Attorney Rees submitted for the record copies of the following Exhibits: #1 Renewal of Temporary Vehicular Parking Permit Attorney Rees stated that Sarasota Ford has proceeded consistent with the adopted provisions of Section 12-6(b), Zoning Code, to apply for and to obtain an initial permit and prior to the expiration of the initial permit in June 1996 to apply for, pay the appropriate filing fee required, and to obtain the renewal permit. Attorney Rees continued that Sarasota Ford would suffer a great economic hardship if proposed Ordinance 97-3983 is denied; that Sarasota Ford has removed from the vacant parcel the vehicles previously permitted by the renewal permit; that the removal of the vehicles has forced a temporary relocation which has affected operation of the dealership; that Sarasota Ford is not able to sustain such a hardship for 18 months, which was suggested by Staff as the time necessary to process the land use amendments and rezonings pertaining to the vacant parcel. Attorney Rees further stated that Sarasota Ford, in good faith, processed the permits and incurred the expenditures required to bring the vacant parcel into compliance; that at the January 6, 1996, regular City Commission meeting, Mr. Litchet indicated that the conditions of the renewal permit had been met. #2 Sarasota Ford Chronology Attorney Rees stated that applicable correspondence necessary to further demonstrate the two-page chronology has been attached. #3 Ordinance No. 96-3955 Attorney Rees continued that in his legal opinion, the proposed ordinance is valid, if passed, and enforceable; that proposed Ordinance No. 97-3983 is similar to Ordinance No. 96-3955 which was passed by the Commission in July 1996 to hold in abeyance the expiration of conditional rezonings pertaining to several parcels which would have suffered an automatic reversion to their prior BOOK 41 Page 14100 02/03/97 6:00 P.M. BOOK 41 Page 14101 02/03/97 6:00 P.M. zoning district under Section 4-10 of the Zoning Code; that memoranda between Mr. Litchet and the City Attorney's Office is attached reflecting a recommendation for adoption of proposed Ordinance No. 96-3955 to suspend the operation of the expiration of the permit, the same effect proposed under proposed Ordinance No. 97-3983. #4 Sarasota Ford Good Neighbor Policy Program Attorney Rees stated that a copy of the Good Neighbor Policy Program was previously delivered to the City Commission under correspondence from Mr. Buchanan dated January 21, 1997. Attorney Rees continued that during the scheduled presentation made on January 21, Sarasota Ford indicated that the Good Neighbor Policy Program would continue to develop as additional information was received; that Sarasota Ford also indicated that meetings would be conducted with adjoining or nearby property owners; that Mr. Tosch has communicated verbally, through scheduled appointments held on Wednesday, January 29, and Friday, January 31, and in writing with all the nearby or adjacent property owners. #5 Supplemental letter to the City Commission indicating revisions to the Good Neighbor Policy Program and a copy of correspondence submitted to the President of the Wood Street Association summarizing the results of the meetings held with Sarasota Ford. #6 Letters from businesses surrounding Sarasota Ford indicating support for proposed Ordinance No. 97-3983 #7 Petition with 300+ signatures from Sarasota Ford customers indicating support for proposed Ordinance No. 97-3983 Attorney Rees stated that Sarasota Ford has conducted on-site inspections with PDG Electrical, an electrical contractor, and has authorized the purchase of shields/baffles which will make the illumination from the parking lot lighting no longer visible off site; that the focus of the illumination will also be redirected to within the property. Attorney Rees continued that Sarasota Ford has committed to: 1) construct a wall along Payne Parkway, with landscaping facing toward the residential districts across the street, and 2) enhance and upgrade further the landscaping that is currently on the temporary parking lot. Attorney Rees further stated that Sarasota Ford, a major employer and taxpayer in the City of Sarasota, has growth requiring the Commission's assistance to remain in its present location on a permanent basis, which, in turn, will assist the City in achieving Goal #5 on the Sarasota 2000 goals: to achieve economic vitality through healthy businesses and quality job opportunities. Commissioner Patterson asked if the Commission is expected to read the bulk of information presented through exhibits before making a decision tonight? Attorney Rees stated that the information supplied is comprised of public records already within the domain of the City, primarily, correspondence to or from the Administration regarding the applications for the initial permit and the renewal permit; that Exhibits #6 and #7 indicate the communications with and from the nearby property owners; that Exhibits #4 and #5 are the Good Neighbor Policy Program which was previously submitted to the Commission in a different format; that the documents were introduced for the record of this hearing; that the Commission should be able to peruse the materials and, without a need to read every page, be comfortable as to the purpose for which the exhibits were prepared and submitted. Commissioner Dupree stated that the Commission is familiar with some of the material submitted; however, receiving the additional material prior to the public hearing would have been more appropriate. Vice Mayor Pillot asked if the Commission will have an opportunity to question the representatives from Sarasota Ford after the remaining speakers come bbefore the Commission? Mayor Cardamone stated that the Sarasota Ford representatives will be given an opportunity for rebuttal. Vice Mayor Pillot stated that he agrees the Commission should receive and have adequate time to digest material of substance before making a decision; however, with the exception of Exhibits #6 and #7, the material presented has been viewed previously. Commissioner Merrill asked if a presentation regarding the Good Neighbor Policy Program and the Sarasota Ford's efforts to date is planned? Mayor Cardamone stated that Mr. Buchanan and/or Mr. Tosch could sign up to speak and make such a presentation. David Karins, 629 Payne Parkway (34232), read in its entirety and presented for the record a statement written by Victoria Karins which included the following: that her position on the temporary parking issue has been expressed at previous Commission meetings; that BOOK 41 Page 14102 02/03/97 6:00 P.M. BOOK 41 Page 14103 02/03/97 6:00 P.M. extending an expired temporary parking permit for Sarasota Ford is wrong; that she was referenced in the Sarasota Herald-Tribune as stating "As long as they take care of the noise and the lights, we are happy"; that the comment was in no way meant to connote consent or acceptance of the temporary parking permit issue; that being misquoted in the newspaper bothers her; that she believes Sarasota Ford is making efforts to be a good neighbor; however, those issues are entirely unrelated to the issue before the Commission; that she does not and has never given her consent to the City's granting an indefinite extension of the temporary parking permit issued to Sarasota Ford. Mr. Karins stated that Sarasota Ford has taken steps to reduce the nuisance-creating items brought forth to the city over the past 1.5 years; that the dealership could possibly be considered neighborly if the recent efforts by Sarasota Ford continue and dialog between Sarasota Ford and the neighbors remains open; however, the land use issue is separate from nuisance issues, i.e., lighting, noise, and traffic; that all factors resulting from a zoning change or de facto zoning change should be considered by the appropriate parties, including the Planning Department and the State Department of Community Affairs; that some factors which will be considered include: compatibility with adjacent land uses, including low-density commercial and residential, long term effects on the City, and protection of neighboring properties, neighborhoods, etc. Mr. Karins requested that the Commission follow the proper procedure set forth for zoning changes and deny proposed Ordinance No. 97-3983. William Arbuckle, 6694 Schooner Bay Circle (34231-8854). representing First Presbyterian Church of Sarasota, stated that he is president of First Presbyterian Church, Inc., and has been authorized by the Trustees to speak on behalf of the Church; that the Church has been assured that the following concerns expressed during recent meetings with Sarasota Ford are being addressed: 1. The sound system currently used by Sarasota Ford is a major annoyance to the entire neighborhood and should be changed at an early date. 2. The lights used to illuminate the dealership glares into the homes of the neighborhood and needs to be modified at an early date to be unintrusive. 3. Sarasota Ford employees park throughout the neighborhood, on public streets and on lawns of homes in a private area. 4. Delivery trucks, vehicle transport trucks, and vehicles continue to use the former Bowman Court. Mr. Arbuckle stated that Bowman Court was vacated and deeded by the City to the adjacent property owners in the early 1990s and no longer exists as a public street. 5. The auto auto body shop noises are a great annoyance, especially after dark. 6. The perception that the decision-makers at Sarasota Ford have been less than honest with neighbors should be worked on to achieve a better level of mutual respect. Mr. Arbuckle stated that Sarasota Ford has requested a stay on the expiration of the temporary parking permit as the rezoning process is not available until the City completes the Comprehensive Plan update; that the Church, whose major issue is parking, wants to be included in the land use study; that the Church has been located at its present location since 1925 and has always used the portion of the Sarasota Mobile Home Park referred to as Smith Park, on the north side of Oak Street, for excess parking; that, hopefully, any change in the future land use map would consider permanent use of that space for at least 50 parking spaces. Mr. Arbuckle continued that the Church does not object to proposed Ordinance No. 97-3983; however, wants to be notified and provide input if any zoning change will be considered. Mayor Cardamone asked Mr. Arbuckle to identify the properties owned by the First Presbyterian Church or on which the Church has options to purchase. Mr. Arbuckle referred to the location displayed on the overhead projector; and stated that 7 of the 10 properties on the block bounded on the north by Oak Street, on the west by Payne Parkway, on the south by South Payne Parkway (Alderman Street), and on the east by Bowman Court are owned by the Church; that the Church owns all the property on the eastern portion of the block with the exception of the Herron property at 640 Bowman Street; that Mrs. Herron, who is an elder of the Church, has agreed to sell the property to the Church at market price when needed; that Bowman Court, Inc., which was founded to acquire real estate on the block for the Church, currently owns the northwest corner of the block on which a cement block residence in excellent condition is available for rent and a cottage on the southwest corner of the block which is rented to a City policeman; that a future interest in purchasing the remaining properties on the block, at market value, has been extended to the owners of 629 Payne Parkway, 2036 Oak Street, and 640 Bowman Street; however, no written agreements have been signed. BOOK 41 Page 14104 02/03/97 6:00 P.M. BOOK 41 Page 14105 02/03/97 6:00 P.M. Mayor Cardamone asked if Bowman Court is still functioning as a street? Mr. Arbuckle stated that the private street is used as a driveway to the Church parking lot; that the only other property owner on Bowman Court is Mrs. Herron, who has objected in the past to Sarasota Ford employees parking on the private property; that Sarasota Ford has successfully addressed the situation and employees no longer park in that area. Commissioner Patterson stated that only seven residences are located on the block referenced; and asked the number of those residences owned by the Church. Mr. Arbuckle stated that the Church owns seven City lots on which four homes are located. Commissioner Patterson asked for the long-term intent of the Church for the real estate acquired on the block. Mr. Arbuckle stated that the Church's plans will depend greatly on the City's actions pertaining to Smith Park and the provision of 50 parking spaces for Park and Church patrons; that the preliminary plan for use of the property includes parking, recreation, and housing; that one of the houses is occupied by the Church sexton and two houses are income properties; that the two-story, termite-infested house on the northwest corner of the block will be demolished and used initially as a grass play area for the pre-school. Mr. Arbuckle continued that the Church currently has 800 members; that the congregation is growing; that the Church will use the eastern half of the block to provide 82 additional parking spaces if the 50 public parking spaces used at Smith Park are made permanent; that the Park is utilized for parking on Sundays, during weddings, and funerals, and by students of Eckerd College who attend classes within the Church facilities; that in addition, the Church is utilized by a number of community organizations, e.g., five different Alcoholic Anonymous organizations, a narcotics group, a fishing group, and a women's crocheting group, all of whom overflow the present parking provided south of the Church. (Benedict) Peter Theisen, 2155 Wood Street B-4 (34237), stated that Sarasota Ford has courteously conversed with members of the Wood Street Condominium Association and made some progress regarding neighborhood concernsi that an improvement in the noise level has been noticed; that a summary of actions taken by Sarasota Ford to date and actions discussed with the neighbors for implementation has been presented to the Commission as Exhibit #5; that the Association is concerned with the progress continuing and is interested in achieving a time commitment from Sarasota Ford as to when the actions discussed will be realized. Mr. Theisen continued that passage of proposed Ordinance No. 97-3983 is supported to provide an opportunity for Sarasota Ford to demonstrate community spirit and citizenship to the neighborhood; however, the progress on the actions to which Sarasota Ford has committed should be monitored by the City and the neighborhood. Mr. Theisen requested that the Wood Street Condominium Association be notified and included in future City discussions regarding Sarasota Ford. Patricia Post, 2155 Wood Street A-15 (34237), stated that during recent meetings with representatives of Sarasota Ford, the Wood Street Condominium Association was promised that the gate on East Avenue would be closed to traffic within 6 to 12 months upon relocation of the auto body and repair shop; that closing the gate within 6 months is preferable; that confirmation in writing of Sarasota Ford's commitment to close the gate is requested. Ms. Post stated that an improvement has been noticed; however, all the Condominium residents did not agree to the proposal put forth by Sarasota Ford. J.R. Russo, 652 South Washington Boulevard (34236) representing Mac's Television, Inc., stated that Mac's Television has been located directly across the street from the property addressed in proposed Ordinance No. 97-3983 for the past 45 years; that the parking of vehicles on the lot by Sarasota Ford is a great improvement over the appearance and activities which took place in the structures formerly located on the property. Kenneth Halpin, Co-owner, Waffle Stop Restaurant, 660 South Washington Boulevard (34236), stated that the Waffle Stop Restaurant is located directly across from the Sarasota Ford property zoned CG; that the appearance of the property as a vehicle parking lot is a great improvement over the structures which were demolished; that the extensive lighting on the lot utilized by Sarasota Ford acts as a deterrent to unwanted activity and benefits the surrounding businesses in the area; that the traffic generated by Sarasota Ford also helps area businesses; that Sarasota Ford is required by Ford Motor Corporation to have a specific amount of property; that efforts should be made to retain Sarasota Ford within the City limits. Mr. Halpin continued that proposed Ordinance No. 97-3983 is supported. Alexander Kraina, Owner, Coiffures by Alexander and the building occupied by the Waffle Stop Restaurant and Mac's Television, 4380 Sedley Lane (34291), stated that as the former owner of the BOOK 41 Page 14106 02/03/97 6:00 P.M. BOOK 41 Page 14107 02/03/97 6:00 P.M. subject property on which two rental properties were located and continued difficulties were experienced with debris and damage caused by tenants, he is well aware of the improvements Sarasota Ford has made by demolishing the structures and establishing a vehicle parking lot. Dan Lobeck, Attorney, Law Firm of Lobeck and Hanson, 2063 Main Street (34237), representing David and Victoria Karins, stated that proposed Ordinance No. 97-3983, which reflects bad public policy, should be denied; that the issue is a classic case of intensive commercial use encroaching into an established neighborhood; that the small size of the Payne Park neighborhood should not be relevant; that smaller neighborhoods deserve the same consideration as the larger neighborhoods which the City attempts to protect from inappropriate commercial intrusion; that the Commission's reaction would be similar to that of his clients if an intense car lot was operating in violation of City Codes across the street from their residences and the protections of the Zoning Code and the Comprehensive Plan had not been applied in the conversion of that use nor would be applied for an additional 18 months. Attorney Lobeck stated that competent, substantial evidence was presented at the January 6, 1997, regular City Commission meeting; that the proposed use of the property violates Policies 1.3 and 2.2 of the Sarasota City Plan which require compatibility with the neighborhoods; that Policy 1.3 requires all rezonings and development changes shall be evaluated with a view toward preservation of both viability and the quality of life in existing neighborhoods; that an intense car lot in the midst of a single- family neighborhood is not compatible. Attorney Lobeck continued that proposed Ordinance No. 97-3983 also violates his clients' rights under the Harris Act, State of Florida; that his clients purchased a home in an established neighborhood; that locating a car lot across the street devalues his clients' private property rights, denies a reasonable return on investment in the property, and negatively affects their quality of life. Attorney Lobeck further stated that the proposed ordinance constitutes de facto contract zoning in violation of the principles set down by the Second District Court of Appeals in Chung V. Sarasota County and the Holiday Harbor Homeowners Association. Attorney Lobeck stated further that the provisions in the proposed ordinance to preserve the status quo are no longer accurate; that the status quo is a vacant parcel; that the temporary parking permit expired over one month ago; that the vehicles were removed from the parcel three weeks ago; that Attorney Rees suggested that the purpose for the proposed ordinance is to "keep alive" the status quo; that an expired permission cannot be kept alive; that the land use of a vehicle parking lot is no longer in existence; that the temporary vehicular parking permit was never legal in and of itself; that Section 12-6, Zoning Code, provides for a temporary vehicular parking area, not a car dealership display, storage, and sales area, uses permitted only in the CI Zone District; that the renewal permit was also illegal; that the Zoning Code specifically requires a permanent solution to the parking problem be submitted during the initial 180 days and in effect during the renewal period; that this did not occur; that the renewal permit was contrary to the Zoning Code; that the proposed ordinance is clearly a de facto rezoning of the property and violates the procedural protections for rezonings; that Sections 4-3 and 4-5, Zoning Code, require review of rezonings by the Planning Board/Local Planning Agency (PBLP);. that proposed Ordinance No. 97-3983, which references "ordinances in conflict herewith are hereby repealed to the extent of such conflict," effectively amends the Zoning Code but has not been reviewed by the PBLP. Attorney Lobeck stated that proposed Ordinance No. 97-3983 violates good public policy, is contrary to the expressed opinion of the majority of the Commission to protect neighborhood intrusion from inappropriate commercial uses, and should be denied; that consideration of the proposed land use should follow the processes set forth in the City's Zoning Code and Comprehensive Plan and by Florida State Statutes. Katherine Herron, 640 Bowman Court (34237), thanked the Commission for listening and reacting to the concerns raised by citizens at the January 6, 1997, regular City Commission meeting; and stated that Sarasota Ford's recent efforts to address the noise and lighting issues have been appreciated; that use of the vacant parcel as a storage area or for employee parking, for a limited time period, is not opposed; however, she has concerns regarding Sarasota Ford's continued progress in addressing neighborhood concerns once the proposed ordinance is passed; that the Commission should modify the proposed ordinance to require re-examination of the issue after six months to determine if commitments made by Sarasota Ford have been accomplished. Jimmie Robinson, 759 40th Street (34236), stated that a car dealership has been operated at Sarasota Ford's present location since 1957; that as an employee of the Ford dealership since 1990, he was not aware of the neighborhood complaints referenced during a recent employee meeting held by the owner of Sarasota Ford; that parking on the side streets was not an issue in the past; that Mr. Buchanan is an honest man who has afforded opportunities for people of color; that permitting Sarasota Ford to advance will provide more job opportunities in the community. Paul Thorpe, Executive Director, Downtown Association of Sarasota, 47 South Palm Avenue #212, stated that proposed Ordinance No. 97-3983 is supported; that Sarasota Ford is a major BOOK 41 Page 14108 02/03/97 6:00 P.M. BOOK 41 Page 14109 02/03/97 6:00 P.M. employer in the community and has made efforts to be a good neighbor; that Sarasota Ford is currently located at a major entrance to the Downtown Central Business District; that the extensive landscaping performed at the main dealership complements the city's landscaping theme at the intersection of U.S. 301 and U.S. 41; that new development projects are being constructed, and the appearance of buildings on U.S. 301 has improved immensely over the past 10 years; that the Ford dealership is an asset which has contributed to the improved appearance of the U.S. 301 corridor; that Sarasota Ford has committed to work with the neighbors to resolve issues and should be provided an opportunity to move forward. Vern Buchanan, Owner and President; John Tosch, Vice President, Administration: and Joel Freedman, AICP, Bishop and Associates, representing Sarasota Ford. Mr. Tosch stated that he was hired by Sarasota Ford in November 1996 as Vice President of Administration and is responsible for all administrative matters and community relations; that one of his primary responsibilities will be to implement and administer the Good Neighbor Policy Program on an ongoing basis; that all citizen comments received concerning dealership operations will be investigated and responded to in a timely manner; that meetings with the residential neighbors and businesses will be scheduled periodically to foster good community relations; that he has been given the authority to implement policies to mitigate circumstances when necessary. Mr. Tosch referred to an overhead display of the Sarasota Ford Good Neighbor Policy Program and explained in detail the following actions taken to address neighborhood concerns: USE OF OUTDOOR LOUD SPEAKER SYSTEM Reduced the volume by 15% and reduced the number of speakers from six to three by shutting off the three speakers on buildings nearest to adjoining residential districts. Installed a calendarized timer to automatically turn off the speaker system at the close of daily business and delegated responsibility for resetting and monitoring the timers to the Director of Fixed Operations, Paul LeVigne. Reduced utilization of the paging system from 9 a.m. to 7 p.m. on weekdays, 10 a.m. to 6 p.m. on Saturdays, and noon to 6 p.m. on Sundays. Distributed a memorandum to inform all employees of the Program requirements. Mr. Tosch stated that in addition, Sarasota Ford is considering use of a personal paging system for service customers and service personnel; that direct input from the manuracturers and distributors should be received within one week; that the outside paging horns will be removed and replaced with a low volume speaker system designed to keep the sound in the immediate sales building area. OFF-LOADING OF VEHICLES FROM PARKED TRANSPORTS WITHIN PUBLIC RIGHT-OF-WAY Instructed all transport carriers to deliver and pick up all new, used, and leased cars at the School Avenue site during business hours only. Mr. Tosch stated that the only deliveries which will occur at the dealership site are companies delivering parts; that a specific route map has been provided to the companies; that the difficulty previously experienced with a transport carrier parking on Bowman Court has been addressed. LIGHTING TO ADJOINING OR NEARBY RESIDENTIAL AREAS FROM PARKING AND VEHICLE STORAGE AREAS Employed D & J Lighting Consultants to study possible further modification of design and/or arrangement of lighting. Adjusted the angle of certain lights Turn off lighting at 10 p.m., except on three poles in the center of the dealership parking lot which will remain lit for security purposes. Mr. Tosch stated that the consultant has indicated that a determination on the purchase or manufacturing of shielding devices for the lights may take 8 to 10 weeks. Mr. Tosch continued that one speaker indicated a commitment by Sarasota Ford to close the gate on East Avenue; that Exhibit #5 includes a copy of the letter forwarded to Mr. Bender, President, Wood Street Condominium Association, indicating that Sarasota Ford cannot commit at this time to close the gate on East Avenue, except after 7 p.m. on weekdays and 6 p.m. on weekends; that a fixed time limit cannot be placed on the relocation of the auto body shop as the time required to identify an acceptable location and reach a mutually acceptable agreement for purchase/lease term with the seller is not known; that Sarasota Ford has committed to meet with representatives in the Traffic Unit of Sarasota Police Department to request a lowering of the speed limit and consideration of speed humps on East Avenue. BOOK 41 Page 14110 02/03/97 6:00 P.M. BOOK 41 Page 14111 02/03/97 6:00 P.M. Commissioner Merrill stated that issues of credibility based on past experiences with the dealership have been raised by residents; that operation of the auto body shop was raised as a major issue by the neighborhood; that Mr. Buchanan previously stated that financing is being arranged and properties are being researched for the relocation of the auto body shop; that the letter summarizing the commitments of Sarasota Ford was under the signature of Mr. Tosch; that a letter under the signature of Mr. Buchanan may be more appropriate. Mr. Buchanan stated that the auto body shop will be relocated as soon as purchase/lease of a suitable location, preferably within the City, can be identified; that Sarasota Ford currently services 140 vehicles per day and needs the space occupied by the auto body shop to expand the service area, which will create less noise and aggravation to the neighbors; however, making a commitment as to a specific time within which the auto body shop will be relocated is difficult as zoning and environmental issues pertaining to auto body operations are involved. Commissioner Merrill stated that the neighbors are interested in hearing specific time frames within which Sarasota Ford intends to accomplish the actions promised; and asked if Sarasota Ford could commit to relocating the auto body shop within 12 or 24 months? Mr. Buchanan stated that Sarasota Ford is committed to relocating the auto body shop as soon as a suitable location is found; that relocating the auto body shop is desired within the next three to six months; that he is reluctant to commit to relocation within a specific time period, something over which he has no control, but will commit to 24 months if a time specific is required; that the goal of Sarasota Ford is to relocate the auto body shop by the fall. Commissioner Merrill asked if Mr. Buchanan would be willing to attach a cover letter expressing personal commitment to the actions outlined in the memorandum from Mr. Tosch to the Commission dated January 31, 1997? Mr. Buchanan stated yes. Mr. Buchanan stated that a perceived credibility issue has been referenced; that the Ford dealership was purchased 18 months ago; that his family is relocating from Tampa to Sarasota; that the number of employees increased from 80 to 160 to support the increase in sales and the customer base; that the efforts of the organization have been focused more internally; that Sarasota Ford should have been more sensitive to the neighborhood, but the extent of the problems were not recognized until three weeks ago; that Mr. Tosch, who has his full support, has been assigned to address and correct problems brought forth by the neighborhood. Mr. Tosch stated that the Good Neighbor Policy Program submitted to the City Commission on January 21, 1997, was under the signature of Mr. Buchanan. Commissioner Dupree stated that the neighbors have requested a commitment from Sarasota Ford to work continuously to achieve the relocation of the body shop as expeditiously as possible. Mr. Buchanan stated that Sarasota Ford is committed to earning the support of the neighborhood; that Sarasota Ford, which was not as well equipped or sensitive in the past, now has the organizational staff necessary to address the needs of the community. shop late in the evening was one of the major concerns expressed by neighbors; that the summary under Exhibit #5 indicates the Mayor Cardamone stated that noise emanating from the auto body auto body shop will be closed and no washing of vehicles will take place after 7 p.m. Mr. Tosch stated that he has not testified as to all the actions taken or commitments made to the neighbors; that the majority of the commitments are outlined in the summary letter. Commissioner Patterson stated that her principal objection to setting this issue for public hearing was the generalized bending and use of the City's Codes for purposes not originally intended to accommodate Sarasota Ford; that Sarasota Ford's efforts appear genuine but focus mainly on mitigating impacts to neighbors who are not immediately adjacent to the dealership, e.g., traffic, noise, and lighting issues; that the following visual impacts to the limited number of residential neighbors immediately adjacent to the dealership, although raised as issues at previous Commission meetings, have not been addressed: the quality of the landscaping of the RMF-3 zoned property along Payne Parkway Commissioner Patterson stated that the existing landscaping does not provide a sufficient buffer for a vehicular parking lot facing residences. Mr. Buchanan stated that the Karins have requested and Sarasota Ford has agreed to install a seven-foot wall along the rear portion of the temporary parking lot; that the landscaping will be improved immediately to meet compliance with the City Codes if the proposed ordinance passes. perpendicular parking of vehicles on the street and right-of-way on South Payne Parkway between Payne Parkway and Bowman Court BOOK 41 Page 14112 02/03/97 6:00 P.M. BOOK 41 Page 14113 02/03/97 6:00 P.M. Commissioner Patterson stated that the vehicles parking on South Payne Parkway violate existing codes; that the activity should cease. Mr. Buchanan stated that Ford dealership employees have parked on South Payne Parkway for the past 10 or 15 years; that Sarasota Ford owns the property fronting South Payne Parkway on both sides of the street from U.S. 301 to Payne Parkway; that requiring relocation of those employee vehicles will create an additional problem for Sarasota Ford. Commissioner Patterson stated that her main concern is with the vehicles parking on the portion of South Payne Parkway fronting residential property. Mr. Buchanan stated that Sarasota Ford will make sure no employees park vehicles in front of residential properties. Commissioner Patterson stated that vehicles are illegally parked across the street from two residences in the City's right-of-way on a daily basis. Mr. Buchanan stated that all of the employee parking will be readdressed during the Comprehensive Plan amendment process; that Sarasota Ford is attempting to address the situation in the interim. Vice Mayor Pillot stated that most of the input and discussion has focused on problems essentially if not totally unrelated to the proposed ordinance to permit temporary vehicular parking on a particular parcel of land; that the concerns raised regarding lights, speakers, noise, the auto body shop, and parking of employee vehicles, are valid issues which require address but are unrelated to the issue before the Commission; that Sarasota Ford's need to expand either at the present location or relocate to another location in the County has been expressed by Mr. Buchanan; that losing a high-taxing business which provides excellent service to people coming in and out of the City and gaining a large, vacant piece of property is not desired; that the proposed ordinance would permit use of 150 parking spaces, part of which could be used to ameliorate the concerns raised regarding parking of employee vehicles; that the Commission should focus on whether 150 parking spaces fronting on U.S. 301/41 can be made available. Commissioner Merrill stated that the parking on South Payne Parkway is unattractive and viewed as an aesthetics issue; that at a later date, he would support formalizing the parking on South Payne Parkway. Mr. Buchanan stated that paving the dirt area is desired and could be accomplished immediately upon approval by the City. Commissioner Patterson stated that Vice Mayor Pillot is correct regarding issues related to future discussion on a Comprehensive Plan amendment, which may be more inclusive than only the CG and RMF-3 zoned property owned by Sarasota Ford; however, Commissioner Merrill has referenced the issue of aesthetics; that certain City streets have formalized angle parking, with curbing and pavement, which keeps vehicles off the right-of-way and provides a more reasonable view; that Sarasota Ford cannot be required to proceed with formalized parking at this time; however, the finality of whether Sarasota Ford should or should not expand in the area will be based on the manner in which the expansion will take place. Mr. Buchanan stated that if permitted by the City, Sarasota Ford will gladly pave the area. Mayor Cardamone stated that Sarasota Ford can discuss the issue with the Administration and the Engineering Department. Commissioner Patterson stated that she would be supportive of Sarasota Ford's constructing formalized angle parking along South Payne Parkway. Vice Mayor Pillot stated that the teacher providing driver education to children requiring special help at Oak Park School, had made several unsuccessful attempts to obtain a vehicle from local businesses; that the first time the teacher contacted Sarasota Ford, a vehicle was received the next day. Ali Chokr, 640 South Washington Boulevard #175, representing MRA Int'l, stated that Sarasota Ford's use of the subject parcel as a parking lot has not harmed his business, located across the street; that additional rules and regulations only place more of a burden on businessmen; that Sarasota Ford contributes to the community through charity; that four to six vehicles were provided for students to attend the Prom. 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. 97-3983 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-3983 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 97-3983 on first reading. BOOK 41 Page 14114 02/03/97 6:00 P.M. BOOK 41 Page 14115 02/03/97 6:00 P.M. Commissioner Merrill stated that the comments by speakers regarding giving Sarasota Ford a chance speaks to the efforts Mr. Tosch and Mr. Buchanan have made with the neighbors; that he looks forward to seeing Sarasota Ford carry out the commitments made. Mayor Cardamone asked the course of action the neighbors should take if they feel the commitments are not being upheld or future difficulties with the lights, noise, traffic, etc., are experienced? City Attorney Taylor stated that the provisions of Section 12- 6(b), Zoning Code, will still apply during the renewal process granted by the proposed ordinance; and cited the following: At any time the City Manager shall determine that the vehicular parking use has resulted in adverse impacts on other property in the area or has posed a threat to the public health, safety, or welfare, the city Manager may revoke a permit. Mayor Cardamone stated that neighbors should contact Code Enforcement if the commitments made by Sarasota Ford are not being upheld. City Manager Sollenberger stated that is correct. Commissioner Patterson asked if the provision cited was applicable during the past year? City Attorney Taylor stated yes. Commissioner Patterson stated that the City will end up with an unattractive, vacant parcel where buildings were demolished if the proposed ordinance is denied; that the issues raised by neighbors which may or may not be adequately addressed by Sarasota Ford are not directly related to the use of the vacant parcels, although providing adequate landscaping on the edge of the property facing U.S. 41 was a condition of the initial temporary parking permit and a requirement in the Zoning Code for issuance of the permit; that she is torn on this issue; that she has a choice of voting to approve an extension of a provision the full Commission supports eliminating from the Code and effectively changing a land use that started a year ago by the City Manager's agreement and will now be continued because of what is actually only a 6-month delay in the normal Comprehensive Plan process or voting to uphold what should be the proper processes for changes in land use and achieving a silly result. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. The Commission recessed at 8:35 p.m. and reconvened at 8:50 p.m. 8. CITIZENS . INPUT CONCERNING CITY TOPICS: #2 (2337) through #3 (0187) The following people came before the Commission: Charles Kevin Senf, c/o 832 8th Avenue SE - stated that during a recent interview for a position at the City's Wastewater Treatment Plant, the following were referenced as what he could expect: to work overtime on short notice A to work on repairs until completed to feel sick and run down for awhile until his system became accustomed to various bacteria to work in somewhat dangerous conditions the potential of being covered with effluent and being rushed to the hospital to receive shots to counter biohazards to clean out tanks regularly and remove residue of effluent to receive a significant reduction in salary Mr. Senf stated that the employees at the Wastewater Treatment Plant, whom the City is lucky to have, deserve appreciation and should not be characterized as being lucky to have their jobs. Mr. Senf continued that the issue of racial segregation in the City of Sarasota has been referenced in the newspaper recently; that the Commission may honestly feel such a problem does not exist; however, having lived in and worked for the City for six years, he believes a problem may exist; that upon arriving in Sarasota, people warned him about the north end of town, described as the black section of the City, and advised him not to invest or purchase property in that area; that code enforcement and beautification efforts have focused on other areas of the City; that responses from various City personnel during conversations regarding the need to expend extra efforts and money in the north section of town to increase the tax base and improve the living conditions often included such phrases as "those people" and various excuses for doing nothing; that one of the Commissioners recently commended the police on a drug bust referencing that the drugs would have otherwise ended up on Dr. Martin Luther King, Jr., Way. Mr. Senf continued that an expenditure of funds by the City to improve the public areas and services to "those people" will result in active participation by the residents to help improve their properties, living conditions, and neighborhoods; that the city should consider replacing all the broken sidewalks and cleaning up the north end of town rather than expending funds BOOK 41 Page 14116 02/03/97 6:00 P.M. BOOK 41 Page 14117 02/03/97 6:00 P.M. towards the installation of speed humps and beautification of the waterfront areas. Alexander Paderewski, Managing Director, 852 Freeling Drive (34242) and Nick Lucas, President, 1816 Vera Place (34235) representing the Sarasota Sports Committee. Mr. Paderewski stated that he has been authorized to speak and act on behalf of the Sarasota Sports Committee; that the City of Sarasota founded the Sarasota Sports Committee 39 years ago to promote the interests of major league baseball in Sarasota; that the Sports Committee was instrumental in bringing the Chicago White Sox to Sarasota and has promoted not only major league baseball but also youth sports in the community. Mr. Paderewski continued that the City of Sarasota is about to lose its tenant at Ed Smith Stadium, a $7 million sports facility; that the public is wondering what will happen when the Chicago White Sox relocate; that the City Manager feels confident the lease provision requiring the Chicago White Sox to provide another major league team or to make the bond payment will adequately protect the City; that the Sports Committee feels that relying on the White Sox to look out for the best interests of the City of Sarasota is a mistake; that the White Sox have demonstrated whose interest is most important; that the lease provision should be protected and the White Sox required to comply; however, the City should not sit idle. Mr. Paderewski further stated that major league teams have expressed an interest in coming to Sarasota but for reasons which are not appropriate to disclose have not contacted the White Sox management; that protecting the lease provision is important; however, the lease provision could be protected if consent is acquired from the Chicago White Sox for the City to discuss with other major league teams the possibility of coming to Sarasota; that the city Manager is not in favor of requesting such consent from the White Sox; that the City's legal position regarding the lease provision would be protected if consent from the White Sox is obtained; that the City would be in no worse position if the White Sox refused to grant consent. Mr. Paderewski requested that the City Commission direct the City Attorney to contact the White Sox regarding consent for the city to conduct direct negotiations with other major league teams. Mr. Paderewski stated that the City Manager's concerns in protecting the lease provision are understood; however, the City Attorney is capable of drafting language which will adequately protect the City of Sarasota if consent can be acquired from the Chicago White Sox and the City were to engage in negotiations; that an attempt to acquire consent should be made before the City concedes to standing idly by and leaving the fate of a $7 million facility in the hands of the Chicago White Sox. Mr. Paderewski continued that a bond payment made by the Chicago White Sox is not necessarily in the best interest of Sarasota; that although the bond payment will be made, the loss of a major league baseball team will affect the recreational enjoyment of families, the revenues received by restaurant and motel owners, and the proceeds received by the Sarasota Sports Committee, which are used to sponsor numerous youth activity teams in the community, i.e., little league, soccer, and Babe Ruth teams and to purchase sports equipment for the Riverview Rams and the Sarasota Sailors. Mr. Lucas stated that he has been on the Sarasota Sports Committee for 33 years; that the vendors and the Sports Committee stand to lose a great deal of money this year; that spring training has not been advertised; that time is running short, and the City should do something. Vice Mayor Pillot asked for comment from the Administration. V. Peter Schneider, Deputy City Manager, stated that the matter is more complex than the City's becoming involved and approaching a team as a duly authorized agent of the Chicago White Sox to negotiate the terms of an assumption of the White Sox lease; that the White Sox most likely will attempt to recoup the $1.5 million invested to enhance the clubhouse when the Ed Smith Stadium was built; that the City could be held liable if negotiations are pursued. City Manager Sollenberger stated that the lease provision referenced by Mr. Paderewski is viewed as a warranty; that most warranties are void if the merchandise is tampered with; that one of several discussions held with Mr. Paderewski included an individual representing the Baltimore Orioles, who was informed the Orioles' interest in coming to Sarasota should be expressed to Howard Pizer, Vice President, Chicago White Sox; that a subsequent discussion with Mr. Pizer revealed that the Orioles representative had not contacted the White Sox; that during another discussion with an attorney acting as a consultant to the Orioles during site relocation, the City's concern with taking actions which may jeopardize the guaranteed bond payment from the White Sox was expressed; that a willingness to contact the White Sox to express the Orioles' interest was extended; that the attorney stated that he would contact the City Manager's office if the Orioles wished to pursue relocation to Sarasota, which has not occurred to date; that the City has refrained from taking a direct role in the search for a new baseball team for fear that the City could jeopardize the guarantee provided under the lease provision. Commissioner Patterson requested comment from the City Attorney. BOOK 41 Page 14118 02/03/97 6:00 P.M. BOOK 41 Page 14119 02/03/97 6:00 P.M. City Attorney Taylor stated that strictly from the legal perspective, the City has the right to ask if the White Sox would allow the City, and on what terms and conditions, to deal directly with potential major league baseball teams; that the written consent would have to be carefully obtained; that the City Manager and Deputy City Manager, who have several years of experience dealing with representatives of the Chicago White Sox on matters regarding Stadium operations, fear that the City's involvement, although by written consent, increases the risk that the White Sox could find conflict with the contract and refuse to make the bond payment; therefore, the Administration is reluctant to proceed as suggested by Mr. Paderewski. Vice Mayor Pillot stated that a letter written by the City and responded to by the White Sox indicating consent for direct negotiations by the City with baseball teams could be viewed as abrogating Paragraph 22(d) of the lease provision; that the context, timing, etc., of the correspondence the City had with another team could be contested by the White Sox who may claim that consent was given for the City to hold discussion but not to negotiate certain items. City Attorney Taylor stated that the Administration is extremely concerned with protecting the City's rights to receive the bond payments if another team does not assume the lease; that any written consent obtained would consist of more than just "consent hereby given"; that the White Sox could later claim that an item accomplished during negotiations was not quite in accordance with the rights provided to the City under the consent given, shifting focus from the clear language under paragraph 22(d) to an issue raising potential for dispute. Commissioner Patterson stated that the City Attorney is responsible for advising the Commission regarding whether the Administration's concerns are valid or can be legally protected. City Attorney Taylor stated that arriving at any meeting of the minds on any subject with the Chicago White Sox has been extremely difficult; that attempting to draft and negotiate contracts with the White Sox has been a miserable experience; that he could not promise that an agreement could be reached within the next five years even if he started tomorrow. Commissioner Patterson stated that the City could be in the same position five years from now; that a letter expressing the City's concern that the White Sox find another major league baseball team should be sent. City Manager Sollenberger stated that a letter of concern was drafted and mailed to the White Sox on January 30, 1997. Mr. Paderewski stated that contingencies exist with all decisions; that risk-taking is part of business; that City Manager Sollenberger makes politically, correct decisions and covers himself well; however, the Commission has a $7 million facility which is continuously losing money; that Patrick Calhoon, Sports Facilities Manager, is no longer with the City. Mr. Schneider stated that Mr. Calhoon has been on a temporary leave of absence and is expected to return in 10 days. Mr. Paderewski stated that the facility has become somewhat ruterless and is not being run properly; that as an attorney, he is confident that a binding document can be drafted; that the White Sox could chose not to make the bond payment, regardless, forcing the city to take the White Sox to court; that a proactive position should be taken to resolve an apparent problem; that the Orioles have expressed an interest in coming to Sarasota; however, disclosing the problem which prevents discussions between the Orioles and White Sox . organizations would not be appropriate. City Manager Sollenberger stated that City involvement with the ongoing dispute between the Orioles and the White Sox would not be wise. Mr. Paderewski stated that the Sarasota Sports Committee, which is willing to attempt to bridge the gap between the two baseball organizations, is precluded to do so by paragraph 22(d) without the consent of the White Sox; that the letter forwarded to the White Sox could ask not only for consent to negotiate with another team but also state that no deals negotiated by the City would be binding unless further validated by the White Sox; that the White Sox could choose not to accept a contract negotiated by the City but could not hold the city liable if a negotiated contract is presented and accepted. Mr. Paderewski continued that the Administration may find receiving a bond payment fiscally popular to alleviate the debt resulting from $200,000 payments for the Stadium manager to run money-losing concerts; however, payment of the bond issue should not be the ultimate goal; that the citizens of Sarasota want more. Vice Mayor Pillot stated that Mr. Paderewski's comments regarding Mr. Calhoon, who has served the City well, are resented, specifically the inane comment that he is paid $200,000. Mr. Paderewski stated that his comment was misinterpreted; that the $200,000 figure referenced the loss from the concerts. BOOK 41 Page 14120 02/03/97 6:00 P.M. BOOK 41 Page 14121 02/03/97 6:00 P.M. Mr. Paderewski continued that the citizens should not suffer because the Administration refuses to take the initiative to try to better the City's position. Mayor Cardamone requested that the Administration report back when a response to the letter sent to the Chicago White Sox on January 30, 1997, is received. Mayor Cardamone stated that discussion regarding the City's status with the Chicago White Sox should be scheduled for the next Commission meeting and a report provided regarding the potential of requesting the organization to move forward with finding a team or allowing the city to assist in the search. Chris Jaensch, 549 South Palm Avenue #3 (34236), stated that the City Attorney indicted that Section 12-6(b) of the Zoning Code will still apply during the stay on the expiration of the temporary vehicular parking permit for Sarasota Ford; that the language and definitions under the provision are not clear, requiring judgments based on interpretation; and requested that the Commission provide specific guidelines regarding Sarasota Ford's compliance with the permit. Mayor Cardamone stated that the minutes of the meeting should provide clear direction to the Administration regarding what the Commission and the neighbors expect from Sarasota Ford. 9. UNFINISHED BUSINESS: APPROVAL RE: SOUTH SARASOTA TRAFFIC ABATEMENT: PROSPECT STREET, LOMA LINDA STREET AND POMELO AVENUE AUTHORIZED ADMINISTRAIOTN TO PROCEED WITH REMOVING SEMI-DIVERTERS ON PROSPECT STREET AND IMPLEMENTINT PLAN "A" ON PROSPECT STREET AND PLAN "B" ON LOMA LINDA STREET (AGENDA ITEM VII-1) #3 (0190) through (0390) city Manager Sollenberger stated that on December 1, 1996, the City Commission directed the Administration to meet with residents of Prospect Street, Loma Linda Street, and Pomelo Avenue to develop equitable traffic abatement measures for the three streets; that representatives of the Engineering Department met with the residents and will present the agreements reached. Dennis Daughters, Director of Engineering/City Engineer and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Mohammed stated that a traffic abatement workshop with the residents was held on December 11, 1996; that the residents agreed upon two alternative plans for each street; that the following alternatives were reviewed by the South Sarasota Traffic Abatement Study Task Force on January 15, 1997, which took no action and referred the issue back to City Staff: PLAN A Prospect Street - signage four speed humps Loma Linda Street - signage two speed tables one four-way STOP at Loma Linda Street and Pomelo Avenue PLAN B Prospect Street signage two speed humps one raised intersection at Prospect Street and Pomelo Avenue Loma Linda Street signage two speed humps one four-way STOP at Loma Linda Street and Pomelo Avenue Mr. Mohammed stated that Staff recommends implementing Plan "A" for Prospect Street and Plan "B" for Loma Linda Street for the following reasons: 1. Providing identical forms of traffic abatement on all streets, including Prospect Street, is important to maintain equity. Mr. Mohammed stated that installing two additional speed humps on Prospect Street will address the issue of future traffic intrusion from the commercial development on U.S. 41 between Bahia Vista and Prospect Streets. 2. Based on past experience, speed humps are the most effective device for traffic abatement. Mr. Mohammed stated that the effectiveness of the recently installed speed tables on Orange Avenue has yet to be proven. 3. Speed tables are three times more expensive than speed humps. Mr. Mohammed stated that the cost for speed humps is approximately $2,000 each compared to speed tables which cost $7,500 each. Mr. Mohammed continued that copies of the memorandum to the City Commission dated January 23, 1997, explaining the Staff's rationale and recommendation was forwarded to the residents of Prospect Street, Loma Linda Street, and Pomelo Avenue. BOOK 41 Page 14122 02/03/97 6:00 P.M. BOOK 41 Page 14123 02/03/97 6:00 P.M. Mr. Mohammed distributed the results of a telephone polling which indicated that the majority of the residents on the affected streets support the Staff's recommendation. City Manager Sollenberger stated that the Administration recommends authorizing the Administration to remove the semi- diverters on Prospect Street and to proceed with the implementation of Plan "A" on Prospect Street and Plan "B" on Loma Linda Street On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to approve the Administration's recommendation. Commissioner Patterson stated that although four speed humps seems excessive for Prospect Street, she will support the Administration's recommendation; and asked for clarification of the excessive cost for the speed tables. Mr. Mohammed stated that the maintenance and mobilization of traffic as well as the signage and striping associated with the speed tables are included in the construction cost of $7,500. Commissioner Patterson stated that speed tables are gentler than speed humps and less controversial; that using speed tables in areas requiring less traffic abatement, such as on Loma Linda Street, would be appropriate if the cost were lower; and requested that the Administration explore competitive bidding to produce a cost-effective speed table. Mr. Daughters stated that the costs presented are based on the competitive bids received for the installation of concrete and brick speed tables on Orange Avenue; that speed tables made of asphalt, which is not as attractive, can be produced at a lesser cost. Mr. Mohammed stated that the completion of the Orange Avenue traffic abatement project has provided the City with designing experience for speed tables. Commissioner Merrill stated that Staff could gain more experience by replacing the speed humps on Shade Avenue with speed tables. Mayor Cardamone called for a vote on the motion to authorize the Administration to remove the semi-diverters on Prospect Street and to proceed with the implementation of Plan "A" on Prospect Street and Plan "B" on Loma Linda Street. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 10. UNFINISHED BUSINESS: DISCUSSION RE: REOUEST BY FAITH PRESBYTERIAN CHURCH FOR A MEDIAN OPENING ON BENEVA ROAD - POSTPONED A MOTION TO APPROVE A MEDIAN OPENING ON BENEVA ROAD UNTIL THE FEBRUARY 18, 1997, MEETING (AGENDA ITEM VII-2) #3 (0395) through (2140) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Faith Presbyterian Church of Sarasota has applied for a site and development permit to develop an 18,785 square-foot church at 3575 12th Street, property located on the corner of 12th Street and Beneva Road; that the project, generating 10 vehicles per day during the weekday peak hour, has been deemed de minimus for traffic impact; however, a substantial number of trips will be generated during the Sunday services; that as a large majority of the patrons are expected to use Beneva Road to access the property, the Church has proposed a driveway along Beneva Road and requested a median opening on Beneva Road, a County-maintained road; that the County has granted authorization of a median opening for a left-turn pocket to the city; that the City's decision regarding approval or denial of the median opening will be honored by the County. Mr. Daughters continued that City Staff visited the site, reviewed the preliminary site and development plan, and consulted with the petitioner and the Sarasota County Department of Transportation before evaluating the Church's request for a median opening on Beneva Road; that the request was denied by the Engineering Department based on the following: Aesthetic impact to the landscaped median Mr. Daughters stated that roadway aesthetics and landscaping of major arterials have been City Commission goals for many years; that Staff has strived to maintain an optimum level of landscaping both on public and private projects; that the loss of 2,077 square feet of landscaped median and eight mature Oak trees conflicts with the following Commission goal: To be an attractive, clean, and aesthetically pleasing City. Adequate access to and capacity of the 12th Street driveways Mr. Daughters continued that based on capacity and location of the adjoining roadways and the driveways, access into the Church during the peak hour is adequate; that the northbound Beneva Road traffic could access the Church by making a left turn at 12th Street, a signalized intersection, and a right turn into the 12th Street driveway; that the traffic volumes are low during the Sunday morning hours and northbound access to Beneva Road would also be available through exiting the Beneva Road driveway and making a U-turn at the 12th Street intersection; that Staff has BOOK 41 Page 14124 02/03/97 6:00 P.M. BOOK 41 Page 14125 02/03/97 6:00 P.M. concluded that the proposed Faith Presbyterian Church has reasonable access for patrons and a median opening on Beneva Road is not necessary, therefore, not recommended based on aesthetics. Mayor Cardamone asked why an extensive turn lane is required for a Church with a membership of 200. Mr. Daughters stated that the 100-foot stacking lane, which will hold four vehicles, is the standard short-length used; that the remaining lane length provides for transition based on established transportation standards and the background speed of traffic on the street. Commissioner Merrill asked the width required to plant Crape Myrtles or other vertical elements in the median? Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, came before the Commission and stated that vertical elements could be planted in the narrowed Beneva Road median; that Live Oaks reach 65 feet at maturity; that replacing the two Oak trees with low ground coverings near the final transition area and replacing the three Oak trees along the remaining transition area with a smaller canopy would be recommended. Commissioner Merrill stated that the Engineering Department's denial based on aesthetics was appreciated, although he may vote differently. Mayor Cardamone asked the maturity of the Live Oaks currently planted in the median? Mr. Mountain stated that the Live Oaks are approximately seven or eight years old with four to five inches in caliper. Commissioner Patterson stated that South Tamiami Trail has been designed without access into business on the opposite side; that the median stop slightly before the traffic signals to allow legal U-turns; and asked the length of travel required from the 12th Street intersection if northbound traffic wanted to utilize the Beneva Road driveway and a median opening is not approved? Mr. Daughters stated that traffic could make a U-turn at the 17th Street intersection; that the patrons who will utilize the Church facility, repeatedly, will become familiar with the traffic pattern. Commissioner Dupree stated that providing a median opening at the Beneva Road driveway may be safer than requiring northbound traffic to make a U-turn at 17th Street. Mr. Daughters stated that the median opening may be slightly more dangerous; that the signalized intersection at 17th Street would requires traffic traveling on 17th Street to stop while northbound traffic on Beneva Road is moving; that the lack of signalization at the median opening creates a conflict with southbound traffic. Commissioner Merrill stated that patrons traveling from Fruitville Road would access the Church from Beneva Road turning left onto 12th Street; that patrons traveling south on Beneva Road would turn directly into the Beneva Road driveway; that patrons leaving to travel north would exit on 12th Street and turn left on Beneva Road; that the median opening is not viewed as essential to facilitate traffic flow. Commissioner Patterson stated that patrons traveling north could also exit the Beneva Road driveway, travel south to 12th Street, and make a U-turn and travel north on Beneva Road. Mr. Daughters stated that future plans to four-lane 12th Street, and the potential installation of a median preventing left turns in and out of the 12th Street driveway was a concern raised by the Church; that Staff feels a median opening could be considered in the future if a problem is created by the installation of medians on 12th Street. Mayor Cardamone stated that consideration could be given to beginning the length of the median after the Church's driveway on 12th Street, if medians will be installed in the future. Commissioner Patterson stated that her concern is with saving seven-year-old Oak trees; and asked if potential safety issues would require a solid median on 12th Street in the future? Mr. Daughters stated yes; that several driveways exist along 12th Street between Beneva and Lockwood Ridge Roads; that the U.S. 301 Corridor Study, which will be performed by the Florida Department of Transportation (FDOT), includes six-laning U.S. 301 south to 12th Street and four-laning 12th Street from Tuttle Avenue to Beneva Road; that State standards regarding medians are more stringent than City standards. Commissioner Patterson asked if the 12th Street project will be performed within the next five years? Asim Mohammed, Assistant city Engineer, came before the Commission and stated that the 12th Street project is planned under Phase III of the U.S. 301 Corridor Study, from 2010 to 2020. The following people came before the Commission: BOOK 41 Page 14126 02/03/97 6:00 P.M. BOOK 41 Page 14127 02/03/97 6:00 P.M. Danny Bilyeu and John Grady, Pastor, representing Faith Presbyterian Church, 1201 North Beneva Road (34232) and distributed copies of the following: a diagram depicting the proposed median opening a fax from Joseph Jeffers, Right-of-Way Agent, Sarasota County Transportation Department, indicating a median opening on Beneva Road is acceptable with a right-turn only limitation from the Beneva Road driveway a letter dated October 24, 1996, from Faith Presbyterian Church to Frank Domingo, Sarasota County Transportation Department, requesting a median opening on Beneva Road and the ability to turn left from the Church property to travel north on Beneva Road Mr. Bilyeu stated that the County has requested a decision by the City before the median opening on a road under the County's jurisdiction will be authorized; that "to be a safe place for people" is one of the City Commission's goals; that performing U- turns on busy roads is not a safe activity; that approximately 47% of the patrons will be traveling to and from the Church, utilizing 17th Street; that the majority of the parking will be provided on the northern portion of the development facing Beneva Road; that the Church operates similar to a business and is attempting to provide convenience for patrons. Mr. Bilyeu continued that the width of the median is currently 12 feet; the City's diagram indicates the need for 394 feet to provide a turn lane and stacking lane and the removal of eight trees; that the County's Transportation Department has indicated a maximum of 200 feet will be required for the transition lane and the removal of only four trees will be necessary; that the Church plans to make the median as aesthetically pleasing as possible; that David Johnston and Associates has been retained as the project's landscape architect. Mr. Bilyeu stated further that the County, which originally authorized a median opening with no left-turn lane and restricted movement from the Beneva Road driveway to right-turn only, subsequently authorized a left-turn lane northbound on Beneva Road and left-turn movement from the Beneva Road driveway; that several, similar median openings currently exist on Beneva Road, e.g., into the old Kash-n-Karry shopping center, the new car wash, a storage facility, the garden center, the Beneva Park Club, and other areas within the County. Mr. Bilyeu further stated that the Beneva Road driveway will be the main entrance into the Church; and requested that the City vote in favor of permitting the median opening as requested. Pastor Grady stated that the median opening has been requested to provide convenience and safety for the Church patrons. Vice Mayor Pillot asked if the Live Oak trees removed can be transplanted? Mr. Mountain stated that the survival of the trees is questionable. Commissioner Patterson asked if the Church has an established location? Mr. Bilyeu stated yes; that the Church facility at 18th Street and Lockwood Ridge Road was sold; that the congregation has been meeting at Girls Incorporated on Tuttle Avenue; that a brand new facility is being developed at 12th Street and Beneva Road. Commissioner Merrill stated that in general, he is against median openings; and asked if the issue of safety regarding the inadequacy of space for a 20-foot long vehicle within a 12-foot- wide median opening has been addressed? Mr. Bilyeu stated that the issue was discussed during committee meetings; that potential hazards will be monitored and a traffic control officer hired to direct traffic if necessary. Commissioner Merrill stated that the median opening on Beneva Road at Golden Sands Drive, which does not provide adequate space for a vehicle to enter the space in a parallel position, is viewed as dangerous; that extending the length of the proposed median opening requested by the Church may be necessary to assure safety. Mr. Bilyeu stated that the Church is willing to take the steps necessary to make the median opening safe and aesthetically pleasing. Commissioner Merrill requested clarification of the patrons anticipated to access the Church from the north. Pastor Grady stated that patrons will be coming from the Meadows, University Parkway, and Lockwood Ridge Road; that patrons are also anticipated to access the Church via Interstate 75 either from Honore Avenue to 17th Street or from Fruitville Road; that the location should attract new patrons and increase Church membership; that the Church has focused on aesthetics during the design of the building and the surrounding landscaping. BOOK 41 Page 14128 02/03/97 6:00 P.M. BOOK 41 Page 14129 02/03/97 6:00 P.M. Commissioner Merrill stated that patrons attempting to access the Church from Lockwood Ridge Road could utilize the 12th Street driveway; that the property can be fully accessed and existed without making U-turns; that the Engineering Department should review the possibility of providing a median opening sufficient to prevent the rear end of vehicles from hanging over into traffic. Pastor Grady stated that the 12th Street driveway is only 400 feet from Beneva Road intersection, which could create additional safety problems. Commissioner Dupree stated that the Church facility as depicted in the rendering is beautiful; that traffic generated by the Fellowship of Believers, another church facility located on 12th Street to the west of the Faith Presbyterian Church site, is a factor; that Heron's Run, a large apartment complex, and Kensington Manor nursing home, which receives many visitors on Sundays, are also located on 12th Street; that the Church's logic for requesting a median opening is understood; however, the safety aspects are of concern. Vice Mayor Pillot stated that the Administration's recommendation is consistent with the Commission's goals and priorities; that a decision to deviate from the goals should be made by the Commission On motion of Vice Mayor Pillot and second of Commissioner Dupree it was moved to approve the median opening on Beneva Road with appreciation to the Staff for a well thought out recommendation. Commissioner Merrill stated that the tree canopy should be replaced if a median opening is approved; and asked if the Church has submitted a landscape plan? Mr. Bilyeu stated that the Church is committed to replacing the canopy and making the medians aesthetically pleasing; that Phillip Smith, David Johnston & Associates, has been retained to develop a landscape plan for the median; that depending on the cost, the median may be irrigated; that many plants live well without irrigation; that the outcome of litigation between the Church and Sarasota County regarding property issues related to the widening of Beneva Road potentially could result in work being performed by Sarasota County. Commissioner Merrill requested a commitment that the tree canopy will be replaced with an equivalent amount and similar type of landscaping, e.g., Crape Myrtles, where possible. Pastor Grady stated that the Church is committed to working with the City regarding an appropriate landscape. Mr. Bilyeu stated that the landscaping will comply with State, County, and City regulations; that, as previously referenced, the County indicated the potential loss of four trees not eight trees. Commissioner Merrill stated that the landscaping provided should replace the effect previously provided by the trees removed and be something more than four or five Indian Hawthornes and a couple of liaropes. Mr. Bilyeu stated that currently the median consists of Live Oak trees bordered by Crape Myrtles; that the landscape plan for the Church property includes Live Oak and Crape Myrtles to accommodate and blend in with the theme along Beneva Road. Commissioner Patterson asked if the Church will assume the cost associated with the median opening? Mr. Bilyeu stated that the City will not pay for the median opening. Commissioner Merrill asked if turning left into a median only 12 feet wide is a safe movement? Mr. Daughters stated that Mr. Bilyeu previously indicated to City Staff that egress from the Beneva Road driveway would be limited to right-turn only; therefore, an engineering analysis has not been submitted; that a 12-foot-wide median opening does not provide for safe angular position for a vehicle; that further reducing the width of the median by providing a 25-foot stacking lane and a 190-foot transition on the north side would be necessary to provide safe movement across the median. Vice Mayor Pillot stated that the traffic on Beneva Road is anticipated to be light during the peak hours of Church use; and asked if a traffic control officer hired to assure vehicles would not exit the Church property until a clear crossing of the southbound land and safe entry into the northbound lane occurred, would remove the inherent danger without the need for additional paving and a further reduction of the median? Mr. Daughters stated yes; that the Engineering Department has encouraged the use of a traffic signal. Mayor Cardamone stated that numerous churches are operated similar to a business, with many activities, programs, and child care facilities; that funerals and weddings occur on weekdays and week nights; that church facilities are no longer limited to use for Sunday services; that the Faith Presbyterian Church could consider reconfiguring the site plan to have all entrance and exit off of 12th Street and the parking on Beneva Road obscured. BOOK 41 Page 14130 02/03/97 6:00 P.M. BOOK 41 Page 14131 02/03/97 6:00 P.M. Mayor Cardamone continued that the Commission should direct the Administration to return with an engineering analysis regarding the traffic issues raised before a decision is made. Mr. Daughters stated that the proposal was denied from an aesthetics point of view; that the safety issues were not addressed. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to postpone a Commission decision on the motion until the February 18, 1997, regular City Commission meeting. Commissioner Merrill stated that traffic movements are limited by solid medians in other areas of the City; that limiting the number of trees removed and providing safe vehicular movement are two issues of concern; that the intent of postponing the motion is to provide the Engineering Department an opportunity to evaluate the safety issues associated with the actual request of the Faith Presbyterian Church and to verify with Sarasota County the number of trees which will be removed. Mayor Cardamone stated that the Administration should be able to obtain traffic counts for Beneva Road without performing a traffic study; that the Church 's long-range planning regarding other uses, i.e., child care, should be reviewed. Vice Mayor Pillot asked if postponing action will cause a problem for the Church? Mr. Bilyeu stated no. Vice Mayor Pillot asked for clarification of the additional data which will be presented to the Commission? Mr. Daughters stated that the proposed egress from the driveway on Beneva Road will be clarified with the Church; that information concurred with by the County regarding the configuration of the median will be presented if left-turn movements exiting the Beneva Road driveway are planned. Commissioner Patterson stated that the number of trees which will be removed based on the configuration proposed should be provided. Mayor Cardamone requested that information regarding use of the Church facility other than on Sunday mornings be presented. Commissioner Merrill requested submittal of a proposed landscape plan for the median. Commissioner Dupree requested that the traffic generated by Fellowship of Believers be verified. Mayor Cardamone called for a vote on the motion to postpone the Commission's decision on the motion until the February 18, 1997, regular City Commission meeting. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 11. NEW BUSINESS: APPROVAL RE: PRELIMINARY CALENDAR OF BUDGET ACTIVITIES - DIRECTED THE ADMINISTRATION TO RE- AGENDA THE ITEM AT A SUBSEQUENT MEETING (AGENDA ITEM VIII-1) # 3(2143) through (2218) City Manager Sollenberger stated that the Calendar of Budget Activities outlines all the dates in the upcoming FY 97/98 budget cycle; that the dates which will involve City Commission input have been listed separately. Mayor Cardamone stated that the City election is scheduled for March 11, 1997; that scheduling the Neighborhood and Annual Goals workshops on March 6 and 7 is poor timing. Commissioner Patterson agreed; and stated that she also has other scheduling conflicts. Commissioner Dupree stated that providing the Commission adequate time to review the calendar for conflicts would be appropriate. Mayor Cardamone stated that hearing no objections, the calendar should be re-agendaed for discussion at a subsequent meeting. 12. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SARASOTA AND SARASOTA COUNTY TO CONSTRUCT THE PROPOSED COMMUNICATION 800 MHZ TOWER AT 1761 12th STREET - APPROVED IN CONCEPT (AGENDA ITEM VIII-2) #3 (2225) through (2900) City Manager Sollenberger stated that approval in principle of the agreement drafted by Mark Singer, city Attorney's Office, is requested; that following administrative review, the County requested minor modifications with which the City agrees; that the installation of the tower will cost the County approximately $350,000; that as currently drafted, removal of the tower would be required with 30 days notice from the City; that the city Administration supports the following major modifications requested by the County: Incorporate the term of use for the communication tower into the Interlocal Agreement for Emergency Communications Service BOOK 41 Page 14132 02/03/97 6:00 P.M. BOOK 41 Page 14133 02/03/97 6:00 P.M. Provide 365 days following the fiscal year during which notice of termination is given to allow the County to budget funding and find an alternative location for the tower City Manager Sollenberger stated that the County desires having the antenna operational prior to hurricane season, which is feasible if construction commences next week; that the Administration recommends approving the agreement in concept, which will allow the City Manager to authorize Sarasota County to proceed with construction of the 800 MHz tower while the agreement is being finalized. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve in concept an agreement drafted by the City Attorney to allow the city Manager to execute an agreement with Sarasota County to construct the 800 MHz tower with the understanding that the specifics will be brought back to the Commission. Commissioner Patterson stated that utilizing the communications tower for various public uses and possibly private uses would reduce the number of towers which are erected in the community; that the County is making the investment to build the tower, but the property is city owned; therefore, the City should receive 50% of the income the County would receive if space on the tower is leased to private enterprises in the future; that language requiring shared receipt of revenues or negotiation with the city prior to the County's committing space to a private enterprise should be included in the agreement. City Attorney Taylor stated that the purpose of the tower is to support the 800 MHz emergency communications system; that the document will be modified to specify that no other uses will be permitted on the tower until the 800 MHZ has been established, tested, and is running properly; that the agreement drafted does not require the County to pay the City rent for use of the property; therefore, incorporating language as suggested by Commissioner Patterson may be appropriate. Commissioner Patterson stated that she is not suggesting that the City infringe on the County's decision-making authority regarding which or what type of private enterprise could utilize the tower, but that the rights of the City to participate in any revenue generated by a private enterprise's using the tower be protected. City Manager Sollenberger stated that he agrees with Commissioner Patterson's suggestion, which was previously expressed to him, but the Administration has not had an opportunity to incorporate the necessary language. Mayor Cardamone stated that communication towers have been erected all along Interstate 75 and can be seen in the cities which border the interstate; that careful consideration should be given to approving and locating communication towers within the City. Commissioner Patterson stated that a building permit has already been issued; that a verbal conceptual approval from the County should be obtained before the Administration proceeds. Gregg Feagens, Director, Emergency Management, Sarasota County Government, came before the Commission and stated that the issue of shared revenue was anticipated by the County; that the communications license obtained by, the County is for intergovernmental use only; that utilizing the site as a revenue source is not planned; however, the County Administration agrees that any proposals to utilize the tower as a revenue source would be brought back to the Sarasota City Commission and the Sarasota Board of County Commissioners for approval before action is taken or the revenue would be shared on a 50/50 basis. Commissioner Patterson stated that a pre-established shared revenue is preferred. Mr. Fagens stated that the Countywide 800 MHz system requires six towers; that antennas will be placed on four pre-existing towers provided by AT&T or General Telephone; that only two new towers will be required; that upon placement of antennas on the 12th Street tower, other City-owned towers will be removed; that a net reduction in emergency service towers and an improvement in service will be realized Commissioner Merrill stated that the single pole towers are more appealing and should be used where appropriate. Mr. Fagens stated that a 180-foot-high steel and girder tower with a 20-foot-high antenna can withstand Category 5 hurricane winds, which was required under the bid specifications, will be constructed. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 13. NEW BUSINESS: DISCUSSION RE: SIDEWALKS IN THE MEDIAN OF SOUTH BOULEVARD OF THE PRESIDENTS ON LIDO KEY = DIRECTED ADMINISTRATION TO: DESIGN PLANS FOR SIDHALK/PATHWAL PRESENT THE PLANS TO LIDO KEY RESIDENTS AT WELL-NOTICED MEETING, RECEIVE INPUT, AND RETURN COMPLETE INFORMATION TO THE COMMISSION FOR A FINAL DECISION (AGENDA ITEM VIII-3) #3 (2917) through #4 (1220) BOOK 41 Page 14134 02/03/97 6:00 P.M. BOOK 41 Page 14135 02/03/97 6:00 P.M. Vice Mayor Pillot stated that the median on South Boulevard of the Presidents was visited and discussed with City Staff; that residents have raised two concerns: drainage and destruction of vegetation; that he has been assured that an attractive walk meandering through and preserving the existing vegetation can be developed with materials which would not negatively affect drainage; that the majority of property owners opposed the installation of sidewalks along the edge of the street; that the proposed walkway would provide an opportunity for residents to walk themselves and/or animals in a safe manner; that the item has been agendaed to hear public input following a Staff presentation. Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and Dennis Daughters, Director of Engineering/City Engineer, came before the Commission. Mr. Mountain stated that he and City Manager Sollenberger met with Audrey Lucker, President, Lido Key Residents Association, on Friday, January 31, 1997, to discuss the development of a conceptual design, taking into account drainage and vegetation issues, which will be presented to the Association; that the Association has not had an opportunity to review a conceptual design for the project; that the preliminary budget is in draft form. Commissioner Dupree stated that approximately 500 vehicles traveling in the area were noted during the 1.5 hours he spent at the subject site; that the vehicles were viewed passing through the STOP sign and crossing into the bicycle lanes; that an apparent danger exists for residents and children who walk or ride bicycles along South Boulevard of Presidents and Polk Drive; that providing a walkway is a safety issue. Commissioner Patterson stated that she often frequents the subject area; that from her perception viewing 500 vehicles may take several hours; and asked if traffic counts for South Boulevard of the Presidents are available? Dennis Daughters, Director of Engineering/City Engineer, stated that traffic counts have been taken on the majority of City streets; however, that data is not readily available; that a sidewalk segment for South Boulevard of the Presidents met the criteria and is designated as a non-mandatory project on the City's Sidewalk Master List. Commissioner Dupree stated that the number of vehicles viewed may have been less than 500; however, all the vehicles ignored the STOP sign although advance warning of the traffic sign is posted. The following people came before the Commission: Robin Peters, 551 South Polk Drive, stated that she resides at the intersection of Polk Drive and South Boulevard of the Presidents; that she and her husband walk their dog along the Boulevard six to seven times daily at all hours; that vehicles ignore the STOP sign, cross into and park in the bike lanes, which creates a dangerous situation for people in the neighborhood who walk along the Boulevard; that numerous children have been forced off of the Boulevard onto the median; that the Association voted in opposition to the proposed walkway because of drainage issues; that her residence, which has a basement, is located at the end of the retention pond; that drainage is a concern; however, safety is an important issue; that a person riding in the bike lane was hit by a vehicle; that other people have been tapped and pushed out of the bike lane by vehicles. Irene Middleton, 309 South Washington Drive, supported the comments made by Mrs. Peters; and stated that the appearance of the medians on South Boulevard of the Presidents need improvement; that Commissioner Dupree's representation of 500 vehicles is accurate; that tourists drive on Ben Franklin Drive; that the neighboring residents drive on the Boulevard. Beth Dilworth, 246 Garfield Drive, distributed copies of signatures of South Boulevard of Presidents residents on a petition dated December 7, 1995, opposing sidewalks; and stated that she resides at the intersection of Garfield Drive and South Boulevard of the Presidents; that activity along the Boulevard is viewed daily from a picture window in her home; that people, children going to the bus stop, and mothers pushing baby carriages are viewed walking safely; that the STOP sign at Garfield Drive has slowed the traffic; that the majority of vehicles stop for the traffic sign; that the funding for the proposed sidewalks should be reallocated toward a landscaping project for the area. Audrey Lucker, President, Lido Key Residents Association, 729 Tyler Drive (34236), distributed a packet of correspondence to the Commission, and stated that she has resided on Lido Key for the past 25 years; that the traffic on South Boulevard of Presidents is minimal; that the STOP signs have decreased the traffic further; that the marked lanes on the east and west sides of the Boulevard are used for walking and riding bicycles; that vehicles do not drive into the bike lanes; that few children reside on Lido Key; that in 1988, the Lido Key Residents Association pleaded for relief from flooding conditions; that in 1993, the City provided proper drainage to alleviate the flooding; however, the swales are continuously filled during normal rain; that installation of a sidewalk would create drainage problems and encourage skateboarding along the Boulevard. BOOK 41 Page 14136 02/03/97 6:00 P.M. BOOK 41 Page 14137 02/03/97 6:00 P.M. Mrs. Lucker continued that a large number of residents attended the Lido Key Residents Association meeting of November 16, 1996; that the vote was definitely opposed to the sidewalks; that Mr. Daughters forwarded a letter to the Association dated December 10, 1996, indicating that the Engineering Department would take no further action on the sidewalk project unless directed to do so by the City Commission or unless new information is received from the neighborhood demonstrating a desire for the sidewalks; that subsequently Vice Mayor Pillot's Agenda Request was received. Mrs. Lucker further stated that the packet distributed contains several letters from residents who were not able to attend this meeting. Mrs. Lucker stated further that an excess of $5 million in taxes is collected from Lido Keyi that the landscaping on Lido Key is a disgrace and should be improved; that $110,000 has been allocated for sidewalks the residents do not want; that funding should be provided for a beautification project which is desperately needed. Mayor Cardamone stated that Mr. Mountain referenced presentation of a conceptual plan to the Lido Key Residents Association for a walkway which would not affect the drainage. Mrs. Lucker stated that Mr. Mountain indicated to her that installing a walkway, i.e., pressure-treated, slatted wood which allows water to drain, could not be accomplished. Mrs. Lucker continued that, additionally, the City should pass a law requiring owners walking dogs to use pooper-scoopers. Vice Mayor Pillot stated that a concrete sidewalk was never contemplated during discussions with the residents or when he placed this item on the agenda. Marcelle Wolf, 445 McKinley Drive (34236), stated that her residence, located 225 = 250 feet from the corner of South Boulevard of the Presidents, was not included in the City survey regarding the Lido Key sidewalk project; that the extensive flooding problems experienced over the past 40 years have been solved by the installation of drainage ditches; that sidewalk installation may disturb the current, satisfactory drainage conditions; that the excavation cost of $11,600 as reflected on the budget figures obtained from City Staff appears excessive. Vice Mayor Pillot stated that the budget figure referenced by Ms. Wolf reflects the amount of money available in the City budget for the excavation portion of the sidewalk project and not the actual costs; that actual cost estimates will not be available until the project is designed and a budget prepared by Staff. Ms. Wolf stated that no stipulation has been included in the budget to replace 10 trees planned for removal; that she has never experienced any problems walking down South Boulevard of the Presidents; that she wheels her husband's wheelchair from McKinley Drive to the bridge; that the City trims foliage which, when overgrown, obstructs passage on the grass median; that only a sidewalk accessible to the handicapped, including rails and ramps, can be legally installed; that the $110,000 allocated to the Lido Key sidewalk project should be invested in another City project. Kristie Bryan, 620 South Boulevard of the Presidents (34236), stated that she has seen two bicyclists hit by vehicles during the past five years; that she was once side-swiped by a speeding car while standing on the side of the roadway; that vehicles sometimes drag-race down the one-way street; that her 15-year-old son walks, rides his bike to work, and waits for the bus on South Boulevard of the Presidents; that five elementary-school students recently moved into the neighborhood; that a total of 15 elementary-school students and four high-school students wait at bus stops on the street. Ms. Bryan continued that the grass median, currently wasteland containing only two ditches and a few palm trees, is perfect for the proposed sidewalk use; that she rejected the City's initial suggestion to install sidewalks on the side of the road due to the amount of land which the City would take from her property which is an old Florida home built close to the road; that the City's recommendation to install a sidewalk in the grass median was enthusiastically received; that no reason exists to oppose the project; that residents who commuté to the City and visitors to South Lido Beach Park use South Boulevard of the Presidents as a shortcut; that safety should be a primary concern; that no reason exists why the City's Department of Engineering, which has completed beautiful, structurally sound projects in other neighborhoods, could not convert a wasteland into an aesthetically-plesing sidewalk. Jim Schaefer, 504 South Boulevard of Presidents (34236), stated that he lives at the corner of South Boulevard of the Presidents and Coolidge Drive; that at 10:30 p.m., during the November 1996 tropical storm, sandbags were placed in front of his home for protection from a flow of stormwater running east from Coolidge Drive; that residents will be flooded out if the City installs a sidewalk elevated above ground level which will obstruct the flow of water along the roadway; that although a sidewalk installed below grade which would not obstruct the flow of stormwater may be acceptable, laying unnecessary concrete over a green area is tragic in this age of environmental preservation; that traffic BOOK 41 Page 14138 02/03/97 6:00 P.M. BOOK 41 Page 14139 02/03/97 6:00 P.M. problems existing a few years ago were diminished by the placement of a stop sign on Garfield Drive. Mayor Cardamone stated that the November 1996 tropical storm caused widespread City flooding; and asked if drainage has improved over the last 10 years? Mr. Schaefer stated that drainage has improved since the swales were installed along the grass median; however, the November 1996 tropical storm was not categorized as either a 100-year- or even a 25-year storm; that the effects of a major hurricane should be considered before installing a sidewalk which could obstruct the flow of stormwater. Sandy Moschini, 426 Cleveland Drive (34236), stated that she lives on Lido Key and owns a business on Taft Drive; that tourism to Lido Beach is increasing every year; that safety should be a primary concern; that many drivers including neighborhood residents use Boulevard of the Presidents rather than Ben Franklin Drive as a shortcut when exiting Lido Key; that she is no longer able to ride a bicycle on Boulevard of Presidents due to the physical danger from automobiles; that a sidewalk project which addresses both the safety issue and drainage should be developed; that safety is the Commission's Number One goal; that stop signs would not have been installed at the corner of Garfield Drive and South Boulevard of the Presidents if traffic problems did not exist; that the City should find a way to provide both drainage and safety. Commissioner Merrill asked if a sidewalk would have any effect on the stormwater storage capacity in the median or the ability of the terrain to absorb groundwater? Mr. Daughters and Mr. Mountain returned to the Commission table. Mr. Daughters stated that the effect on the stormwater storage area, which is located below road level, would be minimal; that water currently remains on the roadway during major storms when the capacity of the swales is exceeded; that the sidewalk, which will be approximately 3,000 feet long by 5 feet wide, may cause some stormwater runoff; however, the run-off can be mitigated by using a permeable material. Commissioner Merrill stated that the sidewalks should have virtually no impact on drainage; that water will hit the concrete, run into the storage area located directly next to the concrete formation, and then run back into the soil; that locating the swales immediately adjacent to the ditches will allow the soil to absorb excess water; that a sidewalk will not produce any more groundwater than currently experienced on South Boulevard of the Presidents when the storage areas are full. Mr. Daughters stated that is correct; that the ground is continuously saturated during rain storms unless there is an extremely low tide. Commissioner Dupree stated that the swales bordering each side of the road were viewed during his on-site visit; and asked if cleaning the debris, grass, mud, etc., out of the swales on a continual basis would improve the drainage? Mr. Daughters stated yes; that stormwater is intended to run off the sides of the grass median and percolate in the soil; that the swales store stormwater until the tide goes down or the rain stops; that stormwater does not flow rapidly along Lido Key's flat terrain. Commissioner Patterson asked the width of the grass median? Mr. Mountain stated that the medians are 45 to 50 feet wide. Commissioner Patterson stated that a five-foot sidewalk in the center of a 50-foot median will cover only 10 percent of the grass surface; that curbing the median would improve the aesthetics; and asked if such curbing would obstruct the flow of stormwater running into the swales? Mr. Daughters stated that stormwater runs into the swales through a concrete spillway at several locations along South Boulevard of the Presidents; that curbing, which may provide aesthetics and make street-sweeping easier, does not dispose of stormwater and would increase the cost of the sidewalk project; that additional facilities would be required to direct the stormwater from the road to the spillway devices; that the swales were dug around the trees, with some being located on the outside of the medians and some being located in the center; that the sidewalks should be located on high ground to allow proper flow into the swales. Vice Mayor Pillot asked if permeable concrete is the only material appropriate for the pat thway? Mr. Mountain stated that a shell walkway could be used but the cost of maintenance would be high; that a shell walkway would not be as accessible to the handicapped; that the design of the sidewalk must comply to three criteria: 1. handicap accessibility 2. permeability 3. preservation of trees Mr. Mountain continued that permeable concrete has not been determined as the only appropriate material; that Staff has not had the opportunity to brainstorm at which time all appropriate materials will be researched; that the sidewalk would be designed to ensure that palm trees, which are easily relocated, would be BOOK 41 Page 14140 02/03/97 6:00 P.M. BOOK 41 Page 14141 02/03/97 6:00 P.M. the only trees removed; that the sidewalk would not be designed to require removal of hardwood trees; that the sidewalk would be designed to be accessible to the handicapped, and produce a minimal impact on drainage. Vice Mayor Pillot asked if the three criteria can be met? Mr. Mountain stated yes. Vice Mayor Pillot stated that Staff has not been provided the opportunity to create a design; and asked if the Commission could approve the installation of a pathway with the following stipulations: 1) compliance with the three stated criteria, 2) a sufficient amount of time provided to Staff to brainstorm and design a project, 3) presentation of one or more appropriate designs to Lido Key residents, and 4) returning both designs and complete information provided by the residents to the Commission for a final decision? Commissioner Patterson stated that Vice Mayor Pillot's proposal is supported; that Lido Key residents may have reached inaccurate assumptions regarding the sidewalk project; that the median should be beautified; that many private investments and renovations are currently occurring along Ben Franklin Drive; that the existing trees provide inadequate landscaping for a 50- foot-wide median; that a proposal to beautify the median including a sidewalk of permeable material should be presented to Lido Key residents for consideration; that the cost of such a project is approximately, $200,000, which could be used for beautification projects in numerous locations throughout the City; that an expensive present should not be forced upon residents who genuinely oppose the gift; however, a well-designed project would probably be supported and appreciated by a majority of residents, including those who spoke against the proposed project; that support is offered to the investment of Staff time to design a good project, present it to the residents, and work to achieve a consensus of support from those who oppose and those who support the currently proposed project. Vice Mayor Pillot stated that the residents should be informed from the onset that a majority vote will not prevail; that complete information should be received from all interested residents to provide advisory input to the Commission; however, the final decision will be made by the Commission. On motion of Vice Mayor Pillot and second of Commissioner Dupree, it was moved to direct the Administration to: design one or more proposals for a sidewalk/Pathway for installation in the appropriate sections of the median on South Boulevard of the Presidents on Lido Keyi present the designs to Lido Key residents at a meeting appropriately scheduled and announced in advance to provide the opportunity to express opinions with the understanding that those opinions are advisory to the Commission; and return the complete information to the Commission for a final decision which may not conform with the majority vote of the residents. Commissioner Patterson stated that conflicting reports have been received regarding the consensus of residents' opinions regarding the sidewalk; that the motion which reserves the final decision- making authority for the Commission is acceptable; however, all information regarding residents' opinions should be returned to the Commission; that the number of residents for and against the proposal should be included in the Administration's report. Vice Mayor Pillot stated that the complete information returned to the Commission should include the number of people voting and the opinions expressed. Commissioner Merrill stated that the fear of obstructing drainage has influenced the position of many residents regarding this project; that drainage will be insignificantly affected; that some uses on pathways require a smooth, solid surface; that South Boulevard of the Presidents, a back road on Lido Key, would provide an ideal and safe place for children to rollerblade; that pushing a wheelchair is easier on a smooth surface like permeable concrete; that the designs should include landscaping which would aesthetically improve the entire area; that many reasons exist for the installation of a sidewalk; that the project should not be rejected based on the erroneous belief that drainage will be negatively affected. Mayor Cardamone stated that the motion is supported; that a great deal of money has been budgeted in the City for a sidewalk program; that few City funds are spent on Lido Key which is one of the highest tax-paying areas in the City; that the wide, grass medians have provided no amenities and enable little or no public use; that paver blocks which allow drainage are desirable although perhaps difficult for rollerblading; that the city should make a commitment to beautify Lido Key to complement and encourage ongoing and future redevelopment; that a prominent, long-time resident of Sarasota County recently commented publicly that the City has never looked cleaner or more attractive; that the Commission and Staff are obligated to make Sarasota an aesthetically pleasing City. City Manager Sollenberger stated that the President and Vice President of the Lido Key Neighborhood Association were informed that a landscaping proposal for Lido Key will be included in the Capital Improvements Program (CIP) budget. Mayor Cardamone stated that the sidewalk proposal for South Boulevard of the Presidents should be included as a project in the Local Option Sales Tax (L.0.S.T.) extension referendum. BOOK 41 Page 14142 02/03/97 6:00 P.M. BOOK 41 Page 14143 02/03/97 6:00 P.M. Mayor Cardamone called for a vote on the motion to direct the Administration to design one or more proposals for a sidewalk/pathway for installation in the appropriate sections of the median on South Boulevard of the Presidents on Lido Key; present the designs to Lido Key residents at a meeting appropriately scheduled and announced in advance to provide the opportunity to express opinions with the understanding that those opinions are advisory to the Commission; . and return the complete information to the Commission for a final decision which may not conform with the majority vote of the residents. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 14. BOARD APPOINTMENTS: APPOINTMENT RE: NUISANCE ABATEMENT BOARD = APPOINTED JACK GURNEY (AGENDA ITEM IX-1) #4 (1225) through (1265) Mayor Cardamone stated that Section 2-260(a), Sarasota City Code, states that the makeup of boards shall include persons who reside within the City or own property within the City, unless business qualifications or a special expertise warrants exception to the resideney/property owner criteria; that Jack Gurney, former Chairman of the Nuisance Abatement Board, moved out of the city and therefore resigned; that Mr. Gurney has submitted an application as a non-resident; that a letter from Glenda Mock, Chairman, Nuisance Abatement Board, states that the Board, by unanimous vote of the members present, believes Jack Gurney meets the special expertise exception and requests Mr. Gurney's reappointment. On motion of Vice Mayor Pillot and second of Vice Mayor Pillot, it was moved to appoint Jack Gurney to the Nuisance Abatement Board. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 15. BOARD APPOINTMENTS: APPOINTMENT RE: SARASOTA HOUSING AUTHORITY BOARD - APPOINTED PAUL THORPE (AGENDA ITEM IX-2) #4 (1267) through (1314) Mayor Cardamone stated that Diana Oliveri has resigned from the Sarasota Housing Authority Board; that Sarasota Housing Authority Board members are appointed by the Mayor with the consensus of the City Commission; that she recommends the appointment of Paul Thorpe; that Mr. Thorpe, who is the Executive Director of the Downtown Association and serves on the Rosemary District Redevelopment Advisory Board, can be expected to help resolve problems currently existing at the Sarasota Housing Authority. On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to affirm the Mayor's appointment of Paul Thorpe to the Housing Authority Board. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson,, yes; Pillot, yes; Cardamone, yes. 16. REMARKS OF COMMISBIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REQUESTED EVALUATION FORMS FROM CITY ATTORNEY AND CITY AUDITOR AND CLERK; EVALUATIONS OF CITY MANAGER WILL BE INDIVIDUALLY PRESENTED BY EACH COMMISSIONER; SUPPORTED CITY ATTORNEY'S RECOMMENDATION TO NEGOTIATE LEASE FOR INDIAN BEACH FROM BAY HAVEN SUBDIVISION PROPERTY OWNERS; REQUESTED ADMINISTRATION TO: RESOLVE LITTERING PROBLEMS IN CITY RIGHTS- OF-WAYS, PROVIDE PRESENTATION REGARDING THE PROPOSED "BAYWALK" PROJECT, PLACE THE RENOVATION OF SIESTA DRIVE, AND L.0.8.T. FUNDING FOR VAN WEZEL PERFORMING ARTS HALL ON AGENDA FOR JOINT CITY AND COUNTY COMMISSION WORKSHOP, AND SCHEDULE A PUBLIC ART COMMITTEE WORKSHOP (AGENDA ITEM X) #4 (1315) through (1953) COMMISSIONER MERRILL: A. stated that Talbots, Dillards, and Saks Fifth Avenue have recently located in Southgate Mall; that the 1950s street-light poles on Siesta Drive are rusty and should be repainted. Mayor Cardamone stated that the Sarasota Board of County Commissioners should be asked at the next joint workshop to address their responsibility for Siesta Drive; that the County Commission should be requested to design and install streetscape improvements similar to those recently completed in Southside Village; that Siesta Drive is a broad street with inadequately planned parking; that a new gateway should be provided to Southgate Mall. Commissioner Merrill stated that the issue of renovating Siesta Drive east of U.S. 41 should be placed on an agenda for a joint workshop with the City and County Commissions. COMMISSIONER PATTERSON: A. stated that an Administration memo references a 1987 ordinance regarding unsolicited publications; and asked for further explanation. City Manager Sollenberger stated that the 1987 ordinance was enacted before his arrival in Sarasota; that many residents do not want unsolicited publications, which become just more material for the landfill, thrown on their front lawns; that additionally, unsolicited publications accumulate in driveways during residents' absences; that the 1987 ordinance gives residents the : authority to notify the publisher that delivery should cease; that enforcement is a problem; therefore, the 1987 ordinance has not been enforced; that Commission discussion is warranted regarding whether the ordinance should be enforced or taken off the books. BOOK 41 Page 14144 02/03/97 6:00 P.M. BOOK 41 Page 14145 02/03/97 6:00 P.M. Commissioner Patterson stated that the Pelican Press, a publication she personally enjoys, is a free, unsolicited paper distributed in residents' driveways. City Manager Sollenberger stated that the 1987 ordinance only gives residents the authority to notify the publisher that delivery should cease; that the ordinance does not prevent delivery to those who do not object to receiving the publication. Mayor Cardamone stated that many publications existed at the time the ordinance was drafted; that the Pelican Press is the only one which still exists. Commissioner Merrill stated that other publications exist; that four free, unsolicited newspapers are currently sitting in his front yard. City Manager Sollenberger stated that the Commission may wish to discuss the issue at the forthcoming informal discussion meeting. B. stated that forms for evaluating the City Manager's performance were distributed to the Commission; however, forms for evaluating the City Attorney and the City Auditor and Clerk have not been received; that the process for evaluating the three Charter Officials appears to have been separated; that the City Attorney and City Auditor and Clerk may be. able to provide recommended forms. Mayor Cardamone stated that the evaluations of the three Charter Officials should be conducted at the same time. Commissioner Patterson stated that the time provided to evaluate the City Manager was extremely short. City Manager Sollenberger stated that the Commission is available and a workshop has been scheduled for February 12, 1997, from 7:30 to 9:30 p.m. with Lyle Sumek, the facilitator for the evaluation process. Mayor Cardamone stated that Mr. Sumek has requested submittal of the completed evaluation forms for review prior to the workshop; that the forms become public record upon release; that the requested process is contrary to the procedures outlined in the Charter of the City of Sarasota; that she anticipated each Commissioner would come to the table with the evaluations and present their comments. City Manager Sollenberger stated that Mr. Sumek requested the evaluations in advance to enable compilation of Commission comments; that the evaluations, which become public record upon creation, will be returned to each Commissioner at the workshop. Commissioner Patterson asked if Mr. Sumek will be the only person to view the documents prior to the workshop? City Manager Sollenberger stated that the Commission can determine the process to follow; however, Mr. Sumek has requested the documents prior to the workshop. Vice Mayor Pillot stated that he is comfortable with the process proposed by Mr. Sumek, who the Commission retained to facilitate presentation of the evaluations. Commissioner Merrill agreed. Mayor Cardamone stated that the Charter Review Committee's recommended procedure for conducting evaluations of the Charter Officials is different from the process recommended by the facilitator. Commissioner Patterson stated that the City Manager should not be evaluated on the basis of a compilation of evaluations; that she wants to deliver her evaluation of the City Manager separately. Mayor Cardamone agreed. Vice Mayor Pillot stated that Mr. Sumek could deliver both the individual evaluations and the compilation at the workshop. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to extend the meeting for 15 minutes. City Auditor and Clerk Robinson stated that passage of the motion requires a two-thirds vote. Mayor Cardamone restated the motion as to extend the meeting beyond 11:30 p.m. Motion failed (3 to 2): Dupree, yes; Merrill, no; Patterson, yes; Pillot, no; Cardamone, yes. Commissioner Merrill stated that he would change his vote to support a motion to extend the meeting for 15 minutes. There was a consensus of the Commission to extend the meeting 15 minutes beyond the 11:30 p.m. deadline. Mayor Cardamone asked for clarification of the procedure outlined in the Charter for evaluating the Charter officials. City Auditor and Clerk Robinson stated that the Charter requires that the Charter Officials be evaluated in public; that the Charter Review Committee developed a recommended procedure which could be distributed to the Commission. BOOK 41 Page 14146 02/03/97 6:00 P.M. BOOK 41 Page 14147 02/03/97 6:00 P.M. Mayor Cardamone stated that the procedure recommended by the Charter Review Committee could be followed; that a compilation of individual evaluations is not the process she anticipated. Commissioner Patterson stated that individual Commissioner evaluations should not be compiled into one overall evaluation. Vice Mayor Pillot stated that both the compilation and individual Commission evaluations would be valuable. Commissioner Merrill agreed. Commissioner Dupree stated that he supports presenting individual evaluations. Mayor Cardamone stated that a majority of the Commission prefers that each Commissioner present individual evaluations of the City Manager at the meeting. C. stated that Commission consensus is requested to support the recommendation from Michael Connolly of the city Attorney's Office, to enter into negotiations enabling the City to lease Indian Beach from property owners in Bay Haven Subdivision who hold eminent domain in joint ownership. City Manager Sollenberger stated that a letter from Mr. Connolly to Bart Cotton, President, Indian Beach/Sapphire Shores Neighborhood Association, addresses the details of a possible leasing arrangement for Indian Beach between the City and property owners in Bay Haven Subdivision. D. stated that certain areas of the City appear unsightly; that the perimeter of the new Publix on Bay Road near Osprey Avenue is cluttered with debris; that the city should contact the landowners to clean up the debris in the right-of-way. Mayor Cardamone stated that debris littering the corner of Bahia Vista Street and U.S. 41 could possibly obstruct drainage after the next rainstorm. City Manager Sollenberger stated that the City will investigate and resolve the problems. E. stated that Osprey Avenue will be closed during February and March for installation of water reuse lines; that at least one lane should remain open during the day; that a lengthy memo from the Administration attributed the project's delay to a bidding process which could not be expedited until August 1996; that August was a long time ago; that the original memo informing the Commission of the work schedule never indicated Osprey Avenue would be completely closed during the season; that Public Works projects should be planned more efficiently in the future; that a major thoroughfare should not be closed during the two busiest months of the year. Mayor Cardamone stated that traffic is being inappropriately diverted to Bahia Vista Street rather than Waldemere Street which is non-residential. Commissioner Patterson stated that the City would have taken a combative position if a memo comparable to the one received from the Administration had been received from the Florida Department of Transportation (FDOT). . F. stated that $1 million of Metropolitan Planning Organization (MPO) funds will be allocated in the year 2000/2001 for the proposed "Baywalk" project which the Commission has neither reviewed nor discussed; that she has defended the project to reporters and discussed the project on television without any knowledge of the project's location or rights-of-ways; and requested the Administration to prepare a presentation to the Commission. city Manager Sollenberger stated that a presentation regarding the proposed "Baywalk" project will be scheduled. MAYOR CARDAMONE: A. stated that the Public Art Committee has requested a workshop; that a workshop should be scheduled. B. stated that an informal Commission discussion meeting is scheduled at 10:00 a.m., Friday, February 7, 1997. C. stated that a workshop with the Sarasota Board of County Commissioners has been requested since April 12, 1996; that impact fees should not be the only focus of the workshop as many other issues require attention; that Commissioners should compile and submit to the Administration subjects for discussion at a meeting between the two Commissions. Commissioner Patterson stated that Local Option Sales Tax (L.0.S.T) funding for the Van Wezel Performing Arts Hall should be included on the agenda for the joint City and County Commissions workshop. C. stated that the Sarasota County School Board is unhappy with the decision of the County Commission to postpone the referendum for the L.0.S.T. extension to November. BOOK 41 Page 14148 02/03/97 6:00 P.M. BOOK 41 Page 14149 02/03/97 6:00 P.M. D. stated that she attended a seminar at the Reubin Askew Institute on Politics and Society at the University of Florida in Gainesville from January 30 to February 1, 1997; that expectations of Florida residents from the State government in the 21st Century was the topic of the seminar which focused on issues of Statewide interest; that attendees of the seminar complimented the beauty and ambiance of Sarasota; that details will be shared at the February 7, 1997, informal discussion meeting. 17. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (1954) through (1988) CITY AUDITOR AND CLERK ROBINSON: A. stated that Commissioners Merrill and Patterson, and Mayor Cardamone are scheduled to take a boat tour from Mote Marine at 9:00 a.m. before the informal Commission discussion meeting scheduled at 10:00 a.m., Friday, February 7, 1997; and asked if Commissioner Dupree would be taking the boat ride? Commissioner Dupree stated that he plans to attend the meeting and will make an effort to arrive in time for the boat tour. 18. ADJOURN (AGENDA ITEM XII) #4 (1989) There being no further business, Mayor Cardamone adjourned the regular meeting of February 3, 1997, at 11:45 p.m. hwtrtla MOLLIE C. CARDAMONE, MAYOR ATTEST: Reben 80 BILLY EPROBINSON, CITY AUDITOR AND CLERK 1