MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 21, 2001, AT 6:00 P.M. PRESENT : Mayor Albert F. Hogle, Vice Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Lou Ann R. Palmer, and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Hogle The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. APPROVAL RE: MINUTES OF THE STATUTORY SARASOTA CITY COMMISSION MEETING OF APRIL 13, 2001, AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 7, 2001 = APPROVED (AGENDA ITEM I-1 AND -2) #1 (0000) through (0035) Mayor Hogle asked if the Commission had any changes to the minutes? Mayor Hogle stated that hearing no changes, the minutes of the April 13, 2001, Statutory Commission meeting and the May 7, 2001, Regular Commission meeting are approved by unanimous consent. 2. BOARD ACTIONS RE: REPORT RE: : VEHICLES - FOR-HIRE AD HOC COMMITTEE - VEHICLES - FOR-HIRE AD HOC COMMITTEE - DIRECTED THE CITY ATTORNEY'S OFFICE TO PREPARE AN ORDINANCE AND SCHEDULE A PUBLIC HEARING CONCERNING PROPOSED REVISIONS TO CHAPTER 36, VEHICLES FOR HIRE, SARASOTA CITY CODE (CITY CODE) AS EDITED AND INCORPORATING A NON-DISCRIMINATION PROVISION AS PROPOSED BY THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP) (AGENDA ITEM II) #1 (0035) through (0990) City Auditor and Clerk Robinson stated that the Commission previously authorized the Office of the City Auditor and Clerk to form an ad hoc committee composed of Staff, representatives of the vehicles-for-hire industry, and citizens to examine and propose revisions to Chapter 36, Vehicles For Hire, Sarasota City Code (City Code) : that the Vehicles-For-Hire (VFH) Ad Hoc Committee BOOK 49 Page 21094 05/21/01 6:00 P.M. BOOK 49 Page 21095 05/21/01 6:00 P.M. has proposed revisions and will present a report including recommendations to the Commission. Karen McGowan, Deputy City Auditor and Clerk, and Chairman, VFH Ad Hoc Committee, Joan Donnelly, Member and Attorney representing the National Association for the Advancement of Colored People (NAACP), and Edward "Buddy" Burnell, Vice Chairman and representing Yellow Cab of Sarasota, Inc. (Yellow Cab), came before the Commission. Deputy City Auditor and Clerk McGowan referred to the May 3, 2001, memorandum from the VFH Ad Hoc Committee to the Commission concerning the proposed revisions to Chapter 36, Vehicles For Hire, City Code, included in the Agenda backup material and stated that the VFH Ad Hoc Committee was established to review and propose revisions to the City's current regulations regarding vehicles for hire as codified in Chapter 36, Vehicles For Hire, City Code; that the VFH Ad Hoc Committee was compromised of nine members as follows: Four representing affected City Departments including the Sarasota Police Department (SPD), Risk Management, the City Attorney's Office, and the Office of the City Auditor and Clerk Three representing the taxicab industry One representing the limousine industry One representing the NAACP Deputy City Auditor and Clerk McGowan stated that industry representatives were selected based on the companies with the greatest number of vehicles for hire licensed in the City as of the deadline for the last registration period which was October 1, 2000; and introduced the following members of the VFH Ad Hoc Committee present in the Chambers: Issa "Sam" Alyan, Emerald Green Taxi; Edward "Buddy" Burnell, Yellow Cab; Joan Donnelly, Attorney, NAACP; Lt. Thomas "Stan" Duncan, SPD; Larry Hobbs, Risk Manager, Risk Management; Jorge Resendiz, Diplomat Taxi Deputy City Auditor and Clerk McGowan continued that a history of the City's previous regulations was included with the May 3, 2001, memorandum and indicates that City's first ordinance to regulate vehicles for hire was Ordinance No. 605 1/2, adopted in 1946; that the VFH Ad Hoc Committee recommends the Commission incorporate provisions providing for the following major changes to Chapter 36, City Code: Issuing permits for drivers of vehicles for hire including picture identification cards Changing the term "certified" as related to mechanics who perform inspections to "qualified" following the definition of the Occupational Safety and Health Agency (OSHA) Enforcing regulations for signage on limousines Revising the uapension/revocation procedure for organizations and drivers to assure adequate due process protections Increasing the insurance requirement from the State minimums of $10,000/$20,000/$10,000 or $30,000 combined to $100,000/9300,0,000/9100,000 or $500,000 combined Designating the Office of the City Auditor and Clerk to receive reports of violations on newly developed forms Prohibiting non-registering vehicles-for-hire organizations from registering for a period of six months after the violation Adding a non-discrimination requirement Requiring vehicles-for-hire organizations adopt a drug-free workplace policy Deputy City Auditor and Clerk McGowan further stated that the City Code did not previously establish the certifying agency for mechanics; therefore, the recommendation is to adopt the term "qualified" utilized by OSHA; that the consensus of the VFH Ad Hoc Committee was to enforce the current signage requirement for limousines which could be accomplished by the use of a front license plate; that signage is currently required and enforced for taxicabs; that a complaint form did not previously exist, is recommended, and will be distributed to appropriate organizations; that a proposed statement of adoption of a drug-free workplace policy is also included in the Agenda backup material and is recommended as a requirement for registration of vehicles-for-hire organizations; that three typographical errors exist in the May 3, 2001, memorandum and the proposed Chapter 36, Vehicles for Hire, City Code, which will be identified during the report. BOOK 49 Page 21096 05/21/01 6:00 P.M. BOOK 49 Page 21097 05/21/01 6:00 P.M. Vice Mayor Mason stated that a complaint was recently received regarding the proposed non-discrimination provision; that taxicabs have refused to provide service to the Newtown community at night. Commissioner Palmer stated that the language of the proposed non-discrimination provision is awkward and should be revised. Deputy City Auditor and Clerk McGowan referred to the proposed non-discrimination provision recommended as Section 36-27(12), Prohibitions for Drivers, City Code, as follows: No driver of a public vehicle regulated under this article shall: (12) Discriminate on the grounds of race, color, or national origin or permit discrimination against persons or groups in any manner. All taxicab drivers shall accept any and all passengers desiring service regardless of short or long haul destination.. Deputy City Auditor and Clerk McGowan stated that additionally, the last sentence of the proposed non-discrimination provision contains a cypographical error and should read as follows: Drivers may refuse service to any person who is disorderly or to any person who requests service to or from any destination which causes a driver to have a reasonable apprehension of fear for his or her safety. Vice Mayor Mason stated that further clarification concerning the meaning of the proposed language is requested. Deputy City Auditor and Clerk McGowan stated that the language of the proposed mon-discrimination provision allows drivers to refuse service to disorderly persons and dangerous locations; that the concern was drivers might be required to deliver passengers to dangerous locations if the language were not included. Vice Mayor Mason stated that she lives at the end of a dead-end street which has a six-foot fence and has poor lighting; that a taxicab driver may perceive the area near her home as dangerous at night; that she could. be refused service even though her neighborhood is a safe area. Deputy City Auditor and Clerk McGowan stated that the intent was to apply the language to dangerous situations or areas only; that the examples given during the VFH Ad Hoc Committee meetings were locations of riots or criminal activity; that the proposed non-discrimination provision can be debated and revised if desired; that the one issue not resolved with unanimity by the VFH Ad Hoc Committee was providing service to any location in the City and the proposed related non-discrimination provision. Attorney Donnelly stated that the proposed non-discrimination provision proposed by the VFH Ad Hoc Committee is not supported by the NAACP; that the Newtown community is not currently receiving adequate vehicles-for-hire service; that Sarasota County Area Transit (SCAT) buses do not provide service in the City at night; therefore, vehicles for hire are utilized as public transportation at night in the City; that the Newtown community must be provided adequate vehicles-for-hire service; that the language of the proposed non-discrimination provision allowing the driver to choose destinations to which to provide service is too vague and general; that a riot has not occurred in the City for many years; that the NAACP believes the Newtown community is a safe community; that a current problem for vehicles-for-hire drivers is the lack of adequate street lighting in the City; that many locations in the City lack adequate street lighting which may appear dangerous but which is not a sufficient reason to allow drivers to refuse service to many areas and people in the City. Deputy City Auditor and Clerk McGowan stated that the non-discrimination provision proposed by the NAACP was included in the May 3, 2001, memorandum but contains an typographical error and should be revised as follows: No driver of a public vehicle regulated under this article shall: (12) Refuse or neglect to transport to any place in the City any orderly person regardless of race, sex, religion, color, national origin, age or physical disability (including a seeing-eye dog), who is willing and able to pay the prescribed fare. Drivers may refuse service to any person who is disorderly, or to any person who causes a driver to have a reasonable apprehension of fear for his/her safety. Deputy City Auditor and Clerk McGowan continued that the VFH Ad Hoc Committee debated the language for a proposed BOOK 49 Page 21098 05/21/01 6:00 P.M. BOOK 49 Page 21099 05/21/01 6:00 P.M. mon-discrimination provision extensively; that mon-discrimination provisions from . many jurisdictions in the State were examined; that the VFH Ad Hoc Committee determined the possibly competing interests of ensuring the safety of vehicles-for-hire drivers and of ensuring mon-discrimination should be satisfied if possible; that the proposed mon-discrimination provision was a compromise after reviewing and debating non-discrimination provisions of other jurisdictions in the State. Attorney Donnelly stated that the NAACP did not vote to support the proposed non-discrimination provision. Deputy City Auditor and Clerk McGowan stated that is correct. Attorney Donnelly stated that the NAACP supports requiring vehicles for hire to provide service to any person and place in the City. Vice Mayor Mason concurred and stated that the language of the proposed non-discrimination is too vague and is not supported; that the proposed non-discrimination provision will allow drivers significant discretion in accepting and refusing passengers; that her street is safe but could be considered unsafe by a driver; that she walks her street at all times but could be refused service; that many streets in the Newtown community might be considered unsafe; that the Newtown community must be provided sufficient vehicles-for-hire service; that a vehicles-for-hire driver should be allowed to refuse service to disorderly or dangerous personsi however, the language of the proposed non-discrimination provision is too broad and is not supported. City Attorney Taylor stated that the current presentation is a report by the VFH Ad Hoc Committee; that taking action on the proposed revisions is not required at this time; that the language of the proposed revisions can be revised at a public hearing to adopt an ordinance to amend Chapter 36, Vehicles For Hire, City Code, if desired. Vice Mayor Mason stated that the language of the proposed non-discrimination provision should be revised at the current meeting to facilitate the preparation of the appropriate ordinance. Attorney Donnelly stated that the mon-discrimination provision proposed by the NAACP will require drivers to provide service to any place in the City; that drivers would only be allowed to refuse service to disorderly persons; that the NAACP's primary concern is to ensure the entire Newtown community is provided service at all times. Commissioner Martin referred to the May 3, 2001, memorandum from the VFH Ad Hoc Committee indicating a subcommittee of the VFH Ad Hoc Committee was formed to observe the operations of taxicabs at night, which is the primary time of concern for the provision of service to. the Newtown community; and asked if the subcommittee provided a report? Deputy City Auditor and Clerk McGowan stated that a subcommittee was established to observe taxicab operations at night; however, a delay in scheduling resulted in the subcommittee's meeting after the final meeting of the VFH Ad Hoc Committee; therefore, a report was not provided to the VFH Ad Hoc Committee. Attorney Donnelly stated that the subcommittee consisted of herself and Mr. Burnell; that the opportunity to observe night taxicab operations was appreciated; that the efforts of Mr. Burnell to facilitate the observation of night taxicab operations were appreciated; that one problem with service. at night concerns the actions of drivers to pick up a passenger; that a local tradition of taxicab drivers is to exit the vehicle to assist passengers; that taxicab drivers often are required to enter a bar, a restaurant, a hotel, or other such facility and are sometimes faced with dangerous situations; that passengers are not offered such courtesy in New York City; that passengers in New York City are required to be ready and waiting for a taxicab; that exiting the vehicle to assist a passenger is not safe at many locations; that drivers could remain safe if not exiting the vehicle at a suspicious location; that another problem concerns the lack of adequate lighting on many City streets; that the problem of street lighting and taxicab drivers' actions should not prevent citizens from receiving service; that the City should provide adequate street lighting. Commissioner Quillin stated that a few of her constituents regularly utilize taxicabs; that the drivers do not exit the vehicle to assist passengers, who must be ready and waiting; that requiring drivers to exit a vehicle to assist a passenger should be a policy matter for vehicles-for-hire organizations and not the Cityi that SCAT buses discontinue service in the evening; that citizens utilize SCAT buses for transportation BOOK 49 Page 21100 05/21/01 6:00 P.M. BOOK 49 Page 21101 05/21/01 6:00 P.M. until the evening, after which citizens must utilize vehicles for hire; that a significant concern is ensuring elderly citizens are provided adequate service; that elderly citizens have been refused service recently; that drivers should be required to provide service to elderly citizens in the City. Attorney Donnelly stated that an elderly woman was recently refused service by a taxicab driver to her home in the Newtown community; that the driver insisted the elderly woman exit the taxicab; that other taxicabs also refused to provide service to the elderly woman, who was eventually provided transportation to her home by an SPD Officer; that the NAACP became interested in ensuring service is provided to the Newtown community after hearing of the elderly woman's predicament; that a local minister was also recently refused service to the Newtown community. Commissioner Quillin stated that the presentation is only a board report; however, revising the City's current regulations concerning vehicles for hire requires significant discussion as the Commission was not regularly appraised of the VFH Ad Hoc Committee's actions; that telephone calls were received from many citizens who complained of the lack of service; that elderly citizens are most frequently refused service in the City; that citizens are encouraged to report any infractions by vehicles-tor-mire organizations directly to the Office of the City Auditor and Clerk; that vehicles-for-hire service should be provided to all places in the City, which is generally considered safe at night; that a riot has not occurred in the City in many years; that drivers should request assistance from SPD if the safety of a particular destination is questioned; that community policing efforts should also be utilized to assist drivers; that no type of discrimination will be tolerated in the City; that service must be provided in the City at all times to all places; that the interests of the public will be protected. Deputy City Auditor and Clerk McGowan stated that the second concern expressed was the interest of the limousine industry to deregulate limousine service or alternatively provide for reciprocity with other local urisdictions; that currently limousines, which operate in multiple jurisdictions, are required to be registered in each jurisdiction; that one limousine company presented a report indicating the costs to register limousines in each jurisdiction are extreme; that reports favoring and rejecting proposed Statewide regulation of the limousine industry were presented to the VFH Ad Hoc Committee; that Statewide regulation of the limousine industry would supercede local regulations; that the VFH Ad Hoc Committee took the position that the City currently regulates the limousine industry to ensure the health, safety, and welfare of citizens and visitors to provide safe public transportation; that reciprocity with other jurisdictions was not supported due to the difficulty in assuring receipt of such information as license revocation. Deputy City Auditor and Clerk McGowan stated further that Section 36-29, Same: Review of applications; Issuance or denial, City Code, contains a typographical error and should be revised to read as follows: Section 36-29, Same: Review of applications; Issuance or denial, City Code: The denial may be conditional and the applicant may be afforded an opportunity to provide further information or take other action that will result in approval or final disposition of the application by the city auditor and clerk. Deputy City Auditor and Clerk McGowan continued that the efforts and time of VFH Ad Hoc Committee members in developing proposed revisions to Chapter 36, Vehicles For Hire, City Code, are appreciated; that the efforts of Tim Ponce, Commission Reporter, to provide administrative assistance to the VFH Ad Hoc Committee are also appreciated. City Manager Sollenberger stated that the Administration recommends directing the City Attorney's Office to prepare an ordinance to adopt proposed revisions to Chapter 36, Vehicles For Hire, City Code, and scheduling a public hearing; that direction concerning acceptable language for a non-discrimination provision is requested. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to direct the City Attorney's Office to prepare an ordinance incorporating the proposed revisions as typographically corrected to Chapter 36, Vehicles For Hire, City Code, to schedule a public hearing, and to incorporate the non-discrimination provision proposed by the National Association for the Advancement of Colored People (NAACP) into the proposed ordinance as follows: BOOK 49 Page 21102 05/21/01 6:00 P.M. BOOK 49 Page 21103 05/21/01 6:00 P.M. No driver of a public vehicle regulated under this article shall: (12) Refuse or neglect to transport to any place in the City any orderly person regardless of race, sex, religion, color, national origin, age or physical disability (including a seeing-eye dog), who is willing and able to pay the prescribed fare. Drivers may refuse service to any person who is disorderly, or to any person who causes a driver to have a reasonable apprehension of fear for his/her safety. Commissioner Martin stated that the language of the non-discrimination provision proposed by the NAACP indicated in the May 3, 2001, memorandum differs from the language indicated in the minutes of the May 1, 2001, VFH Ad Hoc Committee meeting; and asked which language is supported by the NAACP? Deputy City Auditor and Clerk McGowan stated that the NAACP supports the language indicated in the May 3, 2001, memorandum from the VFH Ad Hoc Committee to the Commission. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 3. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8 AND 9 - APPROVED; ADMINISTRATION WILL PROVIDE: 1) A LIST OF THE LOCATIONS OF ALL BUS SHELTERS IN THE CITY AND 2) A REPORT CONCERNING STATUS OF THE URBACULTURE SITE (AGENDA ITEM III-A) #1 (0990) through (1405) Vice Mayor Mason requested that Item Nos. 6 and 9 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 01-4301, amending Chapter 33, Article X, Towing of Vehicles, Section 33-283 of the Sarasota City Code to provide for a definition of immobilization; to amend Sections 33-284 and 33-285 to prohibit the immobilization of a vehicle except when incident imminent towing of a vehicle from private. property and to provide exemptions; to amend Section 33-287 pertaining to maximum fees sO as to include a fee for immobilization under certain circumstances; repealing ordinances in conflict; providing for the severability of parts hereof; etc. 2. Approval Re: Set for public hearing proposed Ordinance No. 01-4306, amending Chapter 19 of the Sarasota City Code, Licenses, by providing for exemptions; by adjusting the occupational license fee for engaging or managing businesses, professions or occupations within the City; etc. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to the State of Florida Department of Environmental Protection (Florida Recreational Development Assistance Program) Grant Agreement for an extension of the funding for the Ken Thompson Park Improvement Project 4. Approval Re: Fiscal Year 2001-2002 Action Plan 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interagency Agreement between the City of Sarasota and Mote Marine Laboratory in the amount of $16,848.00 for Bay Scallop Restoration Services 7. Approval Re: Monthly activities report from the Downtown Association 8. Approval Re: Monthly activities report from the Greater Downtown Sarasota Action Team (GDSAT) On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 5, 7 and 8. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Bus Passenger Shelter Agreement between the City of Sarasota and The Lamar Company, L.L.C. Vice Mayor Mason stated that the Administration should provide the Commission a list of the locations of all bus shelters in the City; that the efforts of the Administration and Staff to install bus shelters and negotiate the language of the agreement are appreciated. BOOK 49 Page 21104 05/21/01 6:00 P.M. BOOK 49 Page 21105 05/21/01 6:00 P.M. City Manager Sollenberger stated that the Administration will provide a list of the locations of all bus shelters in the City to the Commission. On motion of Vice Mayor Mason and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item No. 6. Commissioner Martin asked the size of the proposed signage? Patrizia Barbone, Acting Director of Neighborhood Development, came before the Commission and stated that the "no trespassing" signage which will be displayed on the bus shelters will be approximately 9 by 11 inches; that the SCAT hours of operation will also be indicated on the signage. Commissioner Martin stated that proposed signage should be approximately a quarter of the recommended size. Commissioner Quillin stated that the proposed signage for bus shelters was discussed previously; that the proposed size of the signage is regulated by each local jurisdiction; that the Commission should examine the required sizes for various signage in the City; that the proposed size of the signage should correspond to the size of the individual bus shelters; that the signage should also be aesthetically pleasing. Commissioner Martin concurred. Ms. Barbone stated that the Sarasota Police Department (SPD) was asked if the size of the proposed signage could be reduced and indicated the size could be reduced if desired. Commissioner Quillin stated that the size for no trespassing signage for commercial properties was established many years ago; that bus shelters or other uses were not considered in establishing the size. Vice Mayor Mason stated that the size of the proposed signage for the bus shelters should be reduced; that the required size for no trespassing signage was established for commercial buildings and not bus shelters; that the proposed signage is too large for a bus shelter. Commissioner Quillin concurred and stated that various sizes of signage should be considered. Commissioner Palmer stated that compliance of bus shelters with the standards of the Americans with Disabilities Act (ADA) was recently discussed by the Sarasota/Manatee Metropolitan Planning Organization (MPO) i that an elderly handicapped person was recently witnessed waiting for a SCAT bus at the intersection of US 41 and Tenth Street; that only a bench was available at the SCAT bus stop; that the person was uncomfortable waiting for a SCAT bus in the hot, sunny weather without shelter; that the City should construct bus shelters at all locations regularly utilized by handicapped persons. Commissioner Quillin concurred. Ms. Barbone stated that a list of the locations of bus shelters in the City will be provided to the Commission; that locating a bus shelter at the intersection of US 41 and Tenth Street will be proposed to the MPO. Mayor Hogle called for a vote on the motion to approve Consent Agenda No. 1, Item No. 6. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yesi Quillin, yes; Hogle, yes. 9. Approval Re: Monthly activities report from the Florida House Institute (FHI) concerning the Urbaculture site Vice Mayor Mason asked the date the Urbaculture site will officially be designated as a brownfield? City Manager Sollenberger stated that designating the Urbaculture site as a brownfield is included as part of the cleanup process; that a specific date is unknown currently; that the Administration will provide a report concerning the status of the Urbaculture site. Commissioner Quillin stated that FHI has been supervising the Urbaculture site for many years; that a report concerning the proposed final disposition of the Urbaculture site should be provided the Commission; that only preliminary plans for future use of the Urbaculture site were previously presented to the Commission; that citizens are requesting information concerning the Urbaculture site. Mayor Hogle stated that discussions concerning the drainage ditches at the Urbaculture site were recently held with FHI; that the drainage ditches are adversely affecting the nearby stormwater drainage for the surrounding area and require BOOK 49 Page 21106 05/21/01 6:00 P.M. BOOK 49 Page 21107 05/21/01 6:00 P.M. cleaning; that the County was contacted to remedy the problem; that the United States Environmental Protection Agency (EPA) is currently preparing to drill for contamination samples at the Urbaculture site; that the FHI report did not but should include such information in its monthly report to the Commission. Vice Mayor Mason stated that the Urbaculture site was previously an illegal dump; that FHI Staff indicated EPA testing should be completed during September 2001; that the Urbaculture site cannot be used until the EPA has tested the soil for contamination and granted approval for use of the property; that the required testing and actions should be indicated in the FHI monthly reports. Commissioner Quillin stated that FHI previously proposed construction of a building on the Urbaculture site; that the public was also previously informed a Farmers' Market would be held at the Urbaculture site, which could be utilized for a variety of projects and uses; that a definite timeline for use of the Urbaculture site should be provided. City Manager Sollenberger stated that two problems currently exist concerning the Urbaculture site; that the first problem concerns the previous use of the Urbaculture site as an illegal dump; that Staff previously examined the potential to utilize the site for housing but determined complete excavation and removal of existing fill would be required at a cost of $500,000 per half acre; that the second problem concerns the timeline established by the EPA, which became involved after the property was examined for potential agricultural use; that the timeline for an EPA assessment remains unclear; that approving a use for the Urbaculture site should be postponed until the EPA has finished studying and assessing the property; that the Administration will provide a report concerning the current status of the Urbaculture site. Vice Mayor Mason stated that the Urbaculture site is included in the area for which a Newtown Redevelopment Plan will be completed. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to approve Consent Agenda No. 1, Item No. 9. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yesi Palmer, yes; Quillin, yes; Hogle, yes. 4. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1367) ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1374) - ADOPTED; ITEM 3 (ORDINANCE NO. 00-4266) ADOPTED; ITEM 4 (ORDINANCE NO. 01-4300) = ADOPTED; ITEM 5 (ORDINANCE NO. 01-4302) ADOPTED; ITEM 6 ORDINANCE NO. 01-4303) ADOPTED; AND ITEM 7 (ORDINANCE NO. 01-4305) ADOPTED (AGENDA ITEM III-B) #1 (1405) through (1645) Commissioner Palmer requested that Item No. 7 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 01R-1367, accepting report of abatement of nuisances and costs incurred pertaining to the demolition of buildings or structures and directing the assessment of liens against the real property upon which such cost were incurred; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 01R-1374, appropriating $50,000 from the Unappropriated Fund Balance of the General Fund to provide funding to assist the Sarasota Housing Authority with the cost to prepare a Housing Opportunities for People Everywhere (HOPE) VI Revitalization Grant Application; etc. 3. Adoption Re: Second reading of proposed Ordinance No. 00-4266, to amend Ordinance No. 87-3130 by revising the use restrictions set forth in rezone Ordinance No. 87-3130 to allow additional commercial use on the property zoned Commercial Intensive (CI) located at 3333 North Washington Boulevard; said property consisting of 1.05 acres generally located on the west side of North Washington Boulevard between 33rd and 34th Streets A/K/A Vision Plaza; as more particularly described herein; providing for additional conditions; repealing ordinances in conflict; etc. (Title Only) (Application No. 00-RE-16, Applicant Jack Bodziak, architect as agent for Rodney Dessberg, as owner) 4. Adoption Re: Second reading of proposed Ordinance No. 01-4300, amending Chapter 33 of the City Code pertaining to the impoundment of motor vehicles used to facilitate prostitution or drug related crimes; providing for interest on liens to be the maximum provided by law and for foreclosure thereof; providing for the severability of parts hereof; repealing ordinances in conflict; etc. (Title Only) BOOK 49 Page 21108 05/21/01 6:00 P.M. BOOK 49 Page 21109 05/21/01 6:00 P.M. 5. Adoption Re: Second reading of proposed Ordinance No. 01-4302, to amend Ordinance No. 97-3996 by the substitution of Site Plan 01-SP-10 for previously approved Site and Development Plan 97-PSD-06 to allow an increase in density for an assisted living facility in the RMF-3 Zone District located at 3221 Fruitville Road; the modifications depicted in Site Plan 01-SP-10 include the addition of seven (7) residential units for a total of ninety (90) residential units at the assisted living facility known as Heron House, as more particularly described herein; approving Site Plan 01-SP-10; providing for conditions; repealing ordinances in conflict; etc. (Title Only) (Application Nos. 01-ROA-02, 01-SP-10, and 97-PSD-06, Applicant Debra Roman, of Wedding Architects, as agent for Horizon Senior Lifestyles, Ltd., as owner) 6. Adoption Re: Second reading of proposed Ordinance No. 01-4303, to rezone a .43 acre site (comprised of two [2] parcels) located on the south side of Fruitville Road between Shade Avenue on the west and Jefferson Avenue on the east from the Single-Family Residential-2 (RSF-2) and Office Park (OP) Zone Districts to the Office, Professional Business (OPB) Zone District, as more particularly set forth herein; said property being located at 2428 and 2436 Fruitville Road; providing for conditions of the rezoning; etc. (Title Only) (Application No. 01-RE-05, Applicants Albert and Lynne Dumas, as owners) City Auditor and Clerk Robinson read proposed Resolution No. 01R-1367 and Ordinance Nos. 00-4266, 01-4300, 01-4302, and 01-4303 by title only and proposed Resolution No. 01R-1374 in its entirety. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to approve Consent Agenda No. 2, Item Nos. 1, 2, 3, 4, 5 and 6, inclusive. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Martin, yes; Mason, yes; Palmer, yes, Quillin, yes. 7. Adoption Re: Second reading of proposed Ordinance No. 01-4305, to rezone a 0.25 acre site from the Single- Family Residential-4 (RSF-4) Zone District to the North Trail (NT) Zone District real property located at 1038 Highland Street; said property being generally located east of U.S. 41 abutting the southern boundary of Highland Street, as more particularly described herein; approving Site Plan 01-SP-14 which has been proffered as a condition of this rezoning; providing for conditions of this rezoning; etc. (Title Only) (Application Nos. 01-RE-03 and 01-SP-14,. Applicants Nick V. Ellis and William Thorning Little, Architect, P.A., as agent for Ellis Enterprises, Inc., as owner) Commissioner Palmer stated that a concern regarding vehicular speeding on Highland Street near the subject property was raised during the required neighborhood meeting and at the quasi- judicial public hearing during the May 5, 2001, Regular Commission meeting; that neighborhood residents indicated insufficient speed limit signage was posted in the neighborhood; that the concern was referred to the Administration for action. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Staff has completed a field investigation and is currently preparing recommendations to the Commission; that additional speed limit signage will be installed in the neighborhood. Commissioner Palmer stated that installing additional signage in neighborhoods is not usually personally supported; however, action is required to slow traffic in the neighborhood. Mr. Daughters concurred. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4305 by title only. On motion of Commissioner Palmer and second of Vice Mayor Mason, it was moved to approve Consent Agenda No. 2, Item No. 7. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, BOOK 49 Page 21110 05/21/01 6:00 P.M. BOOK 49 Page 21111 05/21/01 6:00 P.M. substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for crosg-examination. Mayor Hogle requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers will be timed and will be advised when one minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. City Attorney Taylor stated that that the recommendation is to allow 15 minutes for the Applicant 's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that no one has filed for certification as an Affected Person; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Hogle stated that hearing the consensus of the Commission, the recommended time limits are approved. 5. QUASI-JUDICTAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4304, TO REZONE A p 5 ACRES OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 12TH STREET AND TUTTLE AVENUE FROM THE MULTIPLE- - FAMILY RESIDENTIAL-1 (RMF - 1) ZONE DISTRICT TO THE COMMERCIAL NEIGHBORHOOD (CN) ZONE DISTRICT; SAID PROPERTY BEING LOCATED AT 2806 12TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF THE REZONING; ETC. (TITLE ONLY) (APPLICATION NO. 01-RE-02, APPLICANT RICHARD D. SABA, AS AGENT SILVER BAY INVESTMENT, INC., AS OWNER) - ADOPTED WITH THE ADDITIONS OF CONDITION NOS. 10, 12, AND 13 (AGENDA ITEM IV-B-1(A)) AND PROPOSED RESOLUTION NO. 01R-1364, APPROVING MAJOR CONDITIONAL USE APPLICATION 01-CU-06 TO ALLOW A CONVENIENCE STORE WITH ACCESSORY MOTOR VEHICLE FUEL PUMPS ON p 5 ACRES LOCATED AT THE SOUTHEAST CORNER OF 12TH STREET AND TUTTLE AVENUE (A/K/A 2806 12TH STREET); SAID MAJOR CONDITIONAL USE IS REQUIRED TO BE CONSTRUCTED AND LOCATED IN ACCORDANCE WITH SITE PLAN APPLICATION 01-SP-03; ETC. (TITLE ONLY) (APPLICATION NOS. 01-CU-06 AND 01-SP-03, APPLICANT RICHARD D. SABA, AS AGENT FOR SILVER BAY INVESTMENT, INC., - AS OWNER) ADOPTED WITH ADDITION OF CONDITION 2(F) (AGENDA ITEM IV-B-1(B)) #1 (1645) through #2 (0845) Mayor Hogle stated that proposed Ordinance No. 01-4304 is to rezone a 5-acre parcel of property located at the southeast corner of 12th Street and Tuttle Avenue from the Multi-Family Residential-1 (RMF-1) to the Commercial Neighborhood (CN) Zone District; that proposed Resolution No. 01R-1364 is to approve Major Conditional Use Application No. 01-CU-06 to allow a convenience store with accessory motor vehicle fuel pumps on the property and Site Plan Application No. 01-SP-03 depicting the proposed phases of the planned project; that the applicant is Richard Saba, Attorney, agent for Silver Bay Investments, Inc (Silver Bay). . Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Mayor Hogle, Vice Mayor Mason, and Commissioners Martin, Palmer, and Quillin stated that no ex parte communications have occurred. Mayor Hogle opened the public hearing and requested that the Applicant come forward. Attorney Saba and Lisa Saba, Vice President, Silver Bay - came before the Commission. Ms. Saba referred to displayed computer-generated slides throughout the presentation and stated that Site Plan Application No. 01-SP-03 is being processed simultaneously with Rezone Application No. 01-RE-02 to approve the rezoning of a 5-acre parcel of property located at 2806 12th Street but is not proffered as a condition of the requested rezoning; that Major BOOK 49 Page 21112 05/21/01 6:00 P.M. BOOK 49 Page 21113 05/21/01 6:00 P.M. Conditional Use Application No. 01-CU-06 is to allow a convenience store with accessory motor vehicle fuel pumps at the northwest corner of the property during Phase I of the proposed construction; that the proposed project consists of two additional phases; that Phase II consists of the construction of a 30,000-square-foot (sq. ft.) commercial building for the purpose of leasing commercial retail space; that an additional 3,000-sq.-ft. commercial building located at the southwest corner of the property will be constructed during Phase III; that the intended use of the 3,000-sq. -ft. building has not been determined; that the uncertainty concerning the potential use of the Phase III building led Staff to suggest the project be divided into the three phases; that as part of Phase I, Silver Bay has contracted with Boyd Development, Inc. (Boyd), to construct a convenience store and gas station on the outparcel located at the northwest corner of the property; that the outparcel consists of approximately 1.25 acres; that a 7-Eleven convenience store with gas pumps will be constructed during Phase I; that at the time of the Planning Board/Local Planning Agency (PBLP) hearing, Silver Bay had contracted with RaceTrac Petroleum, Inc. (RaceTrac), to construct a convenience store and gas pumps; however, RaceTrac has recently withdrawn from several construction contracts in the State for unknown reasons; that the 7-Eleven, Inc. (7-Eleven) was contacted and will be a better fit for the existing character and feel of the surrounding neighborhood; therefore, Silver Bay has contracted with 7-Eleven for the convenience store; that Boyd is aware and has agreed to the conditions stipulated in proposed Ordinance No. 01-4304 and Resolution No. 01R-1364. Ms. Saba continued that Silver Bay is requesting approval of the rezoning of the property from the RMF-1 to the CN Zone District, which was designated by the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and Future Land Use Map for the property; that proposed Resolution No. 01R-1364 seeks approval of Major Conditional Use Application No. 01-CU-06 to allow a convenience store with accessory motor vehicle fuel pumps; that the Phase III building has not been marketed; that the final use of the Phase III building cannot be projected; that a site plan will be submitted to the City prior to final approval of a tenant or use for the Phase III building; that Staff suggested Silver Bay coordinate pedestrian and aesthetic improvements with Regent Sarasota, L.P. (Regent), which owns the adjacent proposed Villagio Apartments; that negotiations with Regent were conducted; that Regent and Silver Bay have reached several agreements to enhance the Villagio Apartments and the proposed project; that agreements to coordinate pedestrian connections, shared drainage, and stormwater retention between the proposed project and the Villagio Apartments were achieved; that a copy of the agreements are included in the Agenda backup material. Ms. Saba further stated that Regent has agreed to convey an adjoining 10-foot parcel of property along the south side of 12th Street required for stormwater drainage from the 7-Eleven convenience store. Attorney Saba stated that Staff initially indicated the proposed project would require a 25-foot public right-of-way for stormwater drainage for the convenience store and gas pumps; that a meeting was held with Staff prior to the current meeting at which time Staff indicated only a 15-foot public right-of-way would be required; that an additional 10-foot private easement will be required to ensure stormwater drainage is sufficient and will be located east of the 15-foot public right-of-way; that the language of proposed Ordinance No. 01-4304 can be revised appropriately prior to second reading. Ms. Saba referred to a computer-generated drawing of the proposed Villagio Apartments and stated that Silver Bay and Regent discussed the architectural styles of the proposed project and the Villagio Apartments, which will be designed in a Mediterranean architectural style; that Silver Bay and Regent have agreed to utilize the same architectural styles for the proposed project and the Villagio Apartments; that RaceTrac had not previously agreed to utilize the same architectural style; however, after RaceTrac withdrew from its contract with Silver Bay, 7-Eleven has indicated willingness to utilize the same architectural style as the Villagio Apartments; that as a result, the proposed project will be aesthetically pleasing to the surrounding neighborhood; that the Mediterranean architectural style is predominant in the local community and will be well perceived by neighborhood residents, visitors, and citizens; that the entire project will be called the Grand Slam Plaza; that three existing oak trees will be retained on the property of the 7-Eleven convenience store; that the replacement trees will exceed City requirements. Ms. Saba continued that a median is currently located on Tuttle Avenue south of 12th Street; that a left-turn lane: was sought to allow southbound traffic on Tuttle Avenue to access the property south of 12th Street; that Tuttle Avenue is currently maintained BOOK 49 Page 21114 05/21/01 6:00 P.M. BOOK 49 Page 21115 05/21/01 6:00 P.M. by the County; therefore, approval was sought from the County; however, the County was not willing to approve the. proposed left-turn lane; that the existing median will be extended if the left-turn lane cannot be constructed; that proposed Ordinance No. 01-4304 will be revised accordingly prior to second reading. Ms. Saba further stated that a neighborhood resident, Ms. Phyllis Milton who lives approximately 400 feet north of the property on the west side of Tuttle Avenue, indicated the Grand Slam Plaza would negatively affect her family as a dangerous situation is created in backing out of her driveway; that her neighbor located to the north has installed a six-foot-tall hedge immediately next to her driveway; that drivers are required to exit from Ms. Milton's driveway by backing onto Tuttle Avenue; that the hedge blocks the view of drivers exiting Ms. Milton's driveway; that Ms. Milton indicated the Grand Slam Plaza would result in increased traffic near her home; that an additional danger could result if attempting to back out of her driveway onto Tuttle Avenue; that Ms. Milton's neighbor continues to refuse to remove or trim the hedge; that a traffic study indicated the construction of the Grand Slam Plaza would not result in additional vehicular traffic near Ms. Milton's property; that Staff also indicated a relationship between the construction of Grand Slam Plaza and an increase in traffic on Tuttle Avenue does not exist; that a bid to construct a circle driveway at Ms. Milton's house was sought and obtained; that a circle driveway would allow drivers to exit forward onto Tuttie Avenue; that Silver Bay has offered to fund the construction of the curb cut and sidewalk repair required to. install the circle driveway; that Grand Slam Plaza will be located near Ed Smith Stadium and the 320-unit Villagio Apartments and will benefit the local neighborhood; that proposed Ordinance No. 01-4304 is consistent with the City's Comprehensive Plan; that Grand Slam Plaza will be a positive contribution to the community. Commissioner Quillin stated that the site plan for the proposed Villagio Apartments indicated a wall would be constructed between the Regent property and the Grand Slam Plaza. Attorney Saba stated that Silver Bay is not aware of the proposed wall. Commissioner Quillin stated that the rear of the Phase II and III buildings would face the proposed wall; that the design of the wall should also compliment the Mediterranean-style architecture. Ms. Saba stated that the wall was not previously discussed with Regent; however, a pedestrian connection was discussed and negotiated. Commissioner Quillin stated that the wall will be located on the property of the proposed Villagio Apartments. Ms. Saba stated that openings could be constructed in the wall to allow pedestrian connections; that Regent did not discuss the construction of the wall during previous meetings but did agree to the pedestrian connection. Commissioner Quillin stated that clarification is requested concerning the wall and the proposed Phase II and III buildings; that additional conditions may be required to satisfy Crime Prevention Through Environmental Design (CPTED) standards; that additional lighting may be required. Ms. Saba stated that sufficient lighting will be installed at the rear of the proposed Phase II and III buildings; that 180-degree peepholes will be installed at each rear door as recommended by Sarasota Police Department (SPD); that the alley behind the Phase II and III buildings will be sufficiently lighted. Commissioner Palmer stated that the presentation indicated a 7- Eleven convenience store is replacing a RaceTrac convenience store and gas pumps; and asked if Site Plan Application No. 01-SP-03 will be significantly altered to accommodate the 7- Eleven convenience store? Ms. Saba stated that Site Plan Application No. 01-SP-03 may be altered; however, Boyd is aware of and has reviewed Site Plan Application No. 01-SP-03; that Boyd also indicated the 7-Eleven convenience store will be smaller than the proposed RaceTrac convenience store; that fewer gas pumps will also be installed; that a site plan for the 7-Eleven convenience store and gas pumps has not been finalized; that the Department of Building, Zoning, and Code Enforcement will approve any minor changes to Site Plan Application No. 01-SP-03 and will recommend Commission review and approval if any proposed changes are major; that the smaller 7-Eleven convenience store and fewer gas pumps will probably not constitute a major change to Site Plan Application BOOK 49 Page 21116 05/21/01 6:00 P.M. BOOK 49 Page 21117 05/21/01 6:00 P.M. No. 01-SP-03 and will not negatively impact the surrounding neighborhood. Commissioner Martin stated that 7-Eleven convenience stores typically have a standard architecture and style; however, the presentation indicated the proposed 7-Eleven convenience store would architecturally reflect the Mediterranean style of the proposed Villagio Apartments; and asked if Boyd has agreed to construct the roof and signage of the proposed 7-Eleven convenience store in a similar architectural style? Ms. Saba stated that Boyd has agreed to construct the proposed 7-Eleven convenience store in the Riviera Dunes style which has been utilized for other 7-Eleven convenience stores in Florida and is nearly identical to the Mediterranean architectural style; that Boyd will not install an expensive barrel tile roof which is typical of Mediterranean-style architecture; however, the roof of the 7-Eleven convenience store will be designed similar to a barrel tile roof. Commissioner Martin stated that aesthetically pleasing canopies are often installed over gas pumps; and asked if the fuel pumps proposed for the 7-Eleven convenience store will have a canopy reflecting the Mediterranean-style architecture? Ms. Saba stated that Boyd indicated the canopy would be a standard style utilized for many 7-Eleven convenience stores; however, Boyd also agreed to the conditions of proposed Ordinance No. 01-4304 which stipulate all building colors must be subdued; that neon lighting will not be installed on the canopy. Commissioner Martin asked if the proposed 7-Eleven convenience store will operate 24 hours per day? Attorney Saba stated that the operating hours of the proposed 7- Eleven convenience store were not proffered as a condition of any agreement with Boyd. Commissioner Martin stated that allowing the 7-Eleven convenience store to operate late at night may disturb surrounding neighborhood residents. Attorney Saba stated that Regent indicated support for constructing a 24-hour 7-Eleven convenience store, which would offer surrounding apartment residents food and services late at night if desired; that the proposed Villagio Apartments will consist of upscale apartment units. Commissioner Martin stated that a 24-hour convenience store may disrupt the surrounding neighborhood late at night; that operating hours no later than 11 p.m. or midnight are supported. Ms. Saba stated that the lighting for the proposed convenience store will be recessed sO as not to disrupt the surrounding neighborhood; that a concern for the 24-hour operation of the convenience store was not indicated previously. Commissioner Quillin stated that the majority of 7-Eleven convenience stores operate 24 hours per day; that a 7-Eleven convenience store operates in her neighborhood, which is mostly residential; that the 7-Eleven convenience store is the only business at which residents can purchase groceries or other necessities late at night if desired; that neighborhood residents would be required to travel a significant distance to obtain groceries late at night if the 7-Eleven were not located in her neighborhood; that a personal concern is the potential sale of alcohol near Ed Smith Stadium, the Sarasota County Youth Baseball, Inc., and the Cal Ripken, Jr., Little League Baseball training facility; and asked if Silver Bay has contacted Sarasota County Youth Baseball, Inc.? Ms. Saba stated no; that the sale of alcohol should be a licensing issue for the operators of the proposed convenience store. Commissioner Quillin concurred but stated that the sale of alcohol should be addressed soon as a school and other recreational facilities are located near the proposed project. Commissioner Palmer stated that the operating hours of the proposed convenience store should not be 24 hours per day; that the hours of operation of the proposed convenience store should be proffered by Silver Bay and should be less than 24 hours per day. Ms. Saba stated that Boyd will be contacted as soon as possible to discuss the proposed hours of operation for the 7-Eleven convenience store. Commissioner Palmer stated that the hours of operation should be proffered at the current meeting if possible., BOOK 49 Page 21118 05/21/01 6:00 P.M. BOOK 49 Page 21119 05/21/01 6:00 P.M. Commissioner Martin stated that hours of operation between 7 a.m. and 11 p.m. would be supported. Mayor Hogle stated that allowing the proposed convenience store to operate 24 hours per day is supported; that the 7-Eleven convenience store located in Commissioner Quillin's neighborhood is personally utilized frequently to obtain groceries or a cup of coffee late at night; and requested that Staff come forward for the City's presentation. Harvey Hoglund, Senior Planner II, Planning Department, came before the Commission, distributed copies of and referred to displayed computer-generated slides of the proposed project, and stated that Condition No. 10 of the proposed Ordinance No. 01-4304 was previously removed after County Staff initially indicated a southbound left-turn lane on Tuttle Avenue into the Grand Slam Plaza would not be approved; that after meeting with Silver Bay representatives immediately prior to the current meeting, Staff desires to reincorporate Condition No. 10 with revisions into proposed Ordinance No. 01-4304 if possible; that the City Attorney's Office has proposed new language for Condition No. 10; that the proposed language will be provided later during the current public hearing by the City Attorney's Office; that Silver Bay should fund the expansion of the existing median of Tuttle Avenue located to the south of 12th Street an additional 30 to 40 feet as depicted on Site Plan Application No. 01-SP-03, which is included in the Agenda backup material; that clarification concerning the stormwater drainage easement for the proposed convenience store is required; that the original easement consisted of 25 feet of public right-of-way; that Staff subsequently determined only 15 feet of public right-of-way could be allowed for the proposed project; that a 10-foot private easement will be required; that Silver Bay must acquire the 10-foot private easement from Regent prior to second reading of proposed Ordinance No. 01-4304, which will be revised accordingly; that Silver Bay representatives indicated agreement with the easement and right-of-way requirements. Mr. Hoglund referred to computer-generated photographs of Ms. Milton's property and continued that Ms. Milton's situation was addressed in the Applicant's presentation; that the height of the hedge and the obstacle to drivers exiting Ms. Milton's driveway was originally brought to Staff's attention as a code enforcement issue during 1998; that the hedge was planted after Tuttle Avenue was expanded and was small at the time of planting; however, the hedge has grown significantly and impairs the view of drivers exiting Ms. Milton's driveway; that Silver Bay's proposal to help with installation of a circle driveway is supported by Staff; that drivers would be allowed to exit Ms. Milton's driveway with a forward motion; that the exit of the circle driveway would be installed further away from the hedge; that drivers would be better able to view oncoming traffic; that the intersection of Tuttle Avenue and 12th Street is approximately 400 feet from Ms. Milton's house; that the proposed project, will not significantly affect traffic near Ms. Milton's house; that Silver Bay should be commended for efforts to remedy Ms. Milton's concerns. Vice Mayor Mason asked if Ms. Milton's property is located north or south of the hedge? Mr. Hoglund stated that Ms. Milton's property is located south of the hedge; that the driveway is located south and immediately adjacent to the hedge, which significantly impairs drivers' views of southbound traffic on Tuttle Avenue; that Silver Bay's offer to fund a portion of the circle driveway is generous; that the phases of the proposed project are significant and require further clarification; that the final details of the proposed project were not resolved initially; that the final use of the Phase III building is unknown; that Silver Bay applied for two conditional uses initially; that Staff could not approve or deny the conditional uses due to the lack of information concerning the Phase III building in particular and decided to recommend delaying any action on the proposed Phase III building; that Silver Bay will apply for a conditional use upon contracting with a tenant or buyer for use of the Phase III building; that the Phase II building could also be modified as presented in the initial site plan; that the planned retail uses of the Phase II building may also. change; that Staff also recommended delaying action to approve a conditional use until the Phase II building is ready for construction and tenants or buyers contracted; that Silver Bay will submit Site Plan and Major Conditional Use applications for the Phase II and III buildings similar to the Phase I convenience store and gas pumps after tenants are obtained. Mr. Hoglund continued that the proposed buyer for the Phase I building has changed; however, the 7-Eleven convenience store and gas pumps will be a superior project; that Boyd is well known for incorporating the concerns of neighborhood residents BOOK 49 Page 21120 05/21/01 6:00 P.M. BOOK 49 Page 21121 05/21/01 6:00 P.M. during development and construction of its projects; that any revisions to Site Plan Application No. 01-SP-03 will be reviewed by Staff; that the Director of Building, Zoning, and Code Entorcement can determine if revisions are minor or major in nature and can approve minor revisions; that major revisions to Site Plan Application No. 01-SP-03 will be subjected to the site plan review process; that the 7-Eleven convenience store will have approximately half the number of gas pumps proposed for the RaceTrac convenience store; that the CN Zone District does not pose restrictions to the hours of operation for businesses; that the Commission may choose to impose certain hours of operation as a condition for approval of proposed Ordinance No. 01-4304; that certain hours of operation are required for certain zone districts; that the Sarasota Police Department (SPD) was consulted concerning the proposed 24-hour operation of the 7- Eleven convenience store and indicated the 24-hour operation may benefit the surrounding neighborhood allowing increased surveillance; that similar 24-hour businesses in the City have successfully allowed SPD to conduct surveillance of certain areas; that 24-hour businesses can be busy at night but facilitate neighborhood security efforts. Mayor Hogle stated that he served as an SPD Officer for 28 years; that in his experience, 7-Eleven convenience stores have served SPD Officers as a community resource by providing a work space and telephone access; that SPD Ofiicers are able to work on reports while on duty at night at neighborhood 7-Eleven convenience stores; that having a SPD Officer on duty and available in a neighborhood is a CPTED recommendation for community policing. Mr. Hoglund stated that Commissioner Quillin previously indicated a wall would be constructed around the perimeter of the proposed Villagio Apartments; that a fence and not a wall will be constructed around the Villagio Apartments; that the fence will serve as a physical barrier between the Villagio Apartments and surrounding properties; that two pedestrian connections will be constructed between the Villagio Apartments and the Grand Slam Plaza to provide pedestrian connections. Commissioner Quillin stated that walls and fences both serve as physical barriers; that the Phase II building will be constructed immediately adjoining the fence; that a security problem results; that adequate security must be provided between the Phase II building and the fence. Mr. Hoglund stated that security will not be a significant concern; that the aesthetic appearance of the Phase II building will be of more concerni that certain Villagio Apartment units will face the rear of the Phase II building and will not have an aesthetically pleasing view to the west; however, Regent has not indicated concern for the west view of the rear of the Phase II building; that the fence will be erected to alleviate a portion of the view problem; that SPD Staff recommended 180-degree peepholes and additional lighting at all rear doors of the Phase II building to alleviate any security concerns. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the landscape plan was obtained and reviewed; that Staff also reviewed the landscape plan for the proposed Villagio Apartments, which has a wall along the 12th Street border of the property; that a chain-link fence will be constructed along the eastern perimeter of the Villagio Apartments; that neither a chain-link fence nor wall is depicted along the perimeter adjoining the Grand Slam Plaza; that the more intense use is usually responsible for constructing a physical barrier between two properties; that a physical barrier will be not be constructed until the Phase II building is approved; that vacant property will separate the proposed 7-Eleven convenience store and the Villagio Apartments until the Phase II building is constructed. Commissioner Quillin asked the setback between the proposed Grand Slam Plaza and the Villagio Apartments? Ms. Murphy stated that the setback for the Phase II building is unknown; that the Villagio Apartments will be set back to provide parking space. Mr. Hoglund stated that the setback for the Phase II building is 32 feet, which consists of a 22-foot aisle and a 10-foot planting for a normal buffer; that at the April 4, 2001, Planning Board/Local Planning Agency (PBLP) meeting, the PBLP held a public hearing, determined the rezoning was consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the standards for review set forth in the Zoning Code (1998), and recommended Commission approval of Rezone Application No. 01-RE-02, Major Conditional Use Application No. 01-CU-06, and Site Plan Application No. 01-SP-03 by a vote of 3 to 0; that Donald Saba, PBLP Member, abstained from voting; that PBLP Member Saba is related Attorney Saba and Ms. Saba; that the PBLP recommended Commission approval subject to the following conditions: BOOK 49 Page 21122 05/21/01 6:00 P.M. BOOK 49 Page 21123 05/21/01 6:00 P.M. 1. Construction of a pedestrian connection between the new sidewalk on 12th Street abutting the northern boundary of the property and the proposed convenience store 2. Installation of bicycle racks in a suitable location 3. Integration of the new sidewalk on 12th Street with the existing 12th Street bus stop and the installation of shelters at nearby bus stops 4. Construction in compliance with plans received by the Planning Department on April 30, 2001 5. Placement of appropriate signage 6. Installation of rear doors with 180-degree view peep holes in the proposed commercial building 7. Submission to the City Attorney's Office of executed reciprocal ingress and egress easements allowing access from 12th Street and Tuttle Avenue to the property prior to second reading of proposed Ordinance No. 01-4304 8. Dedication of a 15-foot strip of property abutting the northern property boundary for public right-of-way 9. Extension of the westbound turn lane of 12th Street by modifying the existing striping 10. Submission of a copy of the signed agreement with Regent regarding drainage and architectural details Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that the Stormwater Retention and Drainage Agreement included in the Agenda backup material should be dated May 17, 2001; that the following condition was originally included as the original condition No. 10 in proposed Ordinance No. 01-4304: 10. The Applicant shall install, at its sole expense, modifications for the median on Tuttle Avenue abutting the western boundary of the Project site, as generally depicted on Site Plan Application No. 01-SP-03, upon receiving the approval of such modifications from Sarasota County. The purpose of the median modification shall be to provide a southbound left turn lane into the Project site. The median modification shall be constructed in compliance with all requirements of all applicable codes and ordinances of the City of Sarasota and shall be completed prior to the issuance of the first certificate of occupancy for the Phase I convenience store. Attorney Schenk continued that the County will not approve the installation of the proposed median; that Staff recommends the condition be revised to provide for an extended median preventing southbound left turn lanes from Tuttle Avenue to the property and incorporated into proposed Ordinance No. 01-4304 as follows: 10. The Applicant shall install, at its sole expense, an extension of the median on Tuttle Avenue abutting the western boundary of the Project site, as generally depicted on Site Plan Application No. 01-SP-03, upon receiving the approval of such modifications from Sarasota County. The purpose of the median extension shall be to provide a left turns into and out of the Project site to Tuttle Avenue. The median modification shall be constructed in compliance with all requirements of all applicable codes and ordinances of the City of Sarasota and shall be completed prior to the issuance of the first certificate of occupancy for the Phase I convenience store. Commissioner Palmer asked if the previously numbered Condition No. 10 will be renumbered to Condition No. 11 in proposed Ordinance No. 01-4304? Attorney Schenk stated yes, distributed copies of a May 21, 2001, letter from Attorney Saba regarding the Stormwater Retention and Drainage Agreement, and continued that final adoption of proposed Ordinance No. 01-4304 will be conditioned upon approval and execution of the Stormwater Retention and Drainage Agreement between Regent and Silver Bayi that modification of the Stormwater Retention and Drainage Agreement would result in modification of proposed Ordinance No. 01-4304; that the Commission would subsequently be required to approve any modification to the Stormwater Retention and Drainage Agreement, which concerns the location of stormwater drainage and other architectural details; that Staff previously indicated a private easement would be required for stormwater drainage; that the requirement for the private easement will be incorporated into proposed Ordinance No. 01-4304 as Condition No. 12 as follows: 12. The Applicant shall submit an executed private utility easement from Regent Sarasota, L.L.P., as grantor in favor of the Applicant for locating and maintaining a private BOOK 49 Page 21124 05/21/01 6:00 P.M. BOOK 49. Page 21125 05/21/01 6:00 P.M. stormwater utility line to the City Attorney's Office prior to second reading of the rezone ordinance. Attorney Schenk further stated that Silver Bay has agreed the location of the private easement will be located along the southern boundary of 12th Street and 10 feet south of the allotted right of wayi that Condition No. 13 will also be added to proposed Ordinance No. 01-4304 as follows: 13. The Applicant shall submit revised drainage plans to the City Engineer prior to the issuance of the first building permit for the project that would depict the stormwater drainage consistent with the agreement regarding stormwater drainage and retention. Attorney Schenk stated further that the language of the Stormwater Drainage and Retention Agreement and Site Plan Application No. 01-SP-03 currently conflict; that Condition No. 13 would require a detailed review of stormwater drainage plans by the City Engineer prior to approval or issuance of a building permit; that Condition No. 2(f) will be added to proposed Resolution No. 01R-1364 to incorporate the language of the Stormwater Retention and Drainage Agreement and to correspond with proposed Ordinance No. 01-4304 as follows: (f) The Applicant shall cause Phase I of the Project, consisting of a convenience store with accessory motor vehicle fuel pumps, to be constructed in accordance with the Agreement Regarding Stormwater Retention and Drainage dated May 17, 2001, between Regent Sarasota, L.P. (the developer of the proposed Villagio Apartments to be located immediately to the east of the rezoned property), and the Applicant (Silver Bay Investments, Inc.). A copy of said Agreement, with confidential portions extracted, being attached hereto, labeled Exhibit 'B', and made a part hereof by reference. Attorney Schenk stated further that the Zoning Code (1998) allows the Commission to impose hours of operation provided competent, substantial evidence exists to prove the late night operation of a business would adversely affect surrounding properties; that testimony was not obtained from SPD concerning a relationship between criminal activity and the 24-hour operation of a business; that the City Attorney's Office cannot determine if sufficient evidence to impose hours of operation has been established at the present time; that the public hearing should be continued to a later date to allow SPD to provide expert testimony if the Commission decides to impose restrictions on the hours of operation; that the hours of operation could be referred to the PBLP for a recommendation; that the PBLP could receive public input from affected neighborhood residents; that neither Staff, neighborhood residents, nor Regent indicated concern for the hours of operation of the convenience store. Commissioner Palmer stated that Silver Bay could proffer acceptable hours of operation. Attorney Schenk concurred and stated that Silver Bay could discuss hours of operation during rebuttal. Commissioner Quillin asked for clarification of the landscape plan? Mr. Hoglund referred to the landscape plan included in the Agenda backup material; and stated that Silver Bay can discuss the landscape plan further during rebuttal. Mayor Hogle stated that no Affected Persons have registered with the City and requested that other interested persons come forward. Phyllis Milton, 1307 North Tuttle Avenue (34237), stated that she lives on Tuttle Avenue between 12th and 17th Streets; that the 24-hour operation of the convenience store is a concern; that her neighborhood is safe at night; that the convenience store will attract undesirable elements to the neighborhood late at night if operated 24 hours per day; that Ed Smith Stadium attracts significant vehicular traffic near her home; that the convenience store will only increase vehicular traffic near her home; that Silver Bay indicated to the PBLP and the Commission a convenience store would not significantly increase traffic in her neighborhood; however, the commercialization of any area results in increased vehicular traffic; that she and her family members currently have to back out of the driveway of her home onto Tuttle Avenue; that her neighbor's hedge currently obscures drivers' views while backing out of her driveway to Tuttle Avenue; that she has almost backed into pedestrians as a result of the hedge obscuring her view; that the hedge represents a danger to her family and pedestrians; that she has requested assistance from the City to have the hedge removed or trimmed since 1999; that her neighbor refuses to trim or remove the hedge; that her husband recently almost backed into a bicyclist; that drivers cannot see BOOK 49 Page 21126 05/21/01 6:00 P.M. BOOK 49 Page 21127 05/21/01 6:00 P.M. oncoming pedestrians or traffic due to the hedge; that the City should remedy the situation; that Silver Bay offered to fund $1,700 for the construction of a $3,800 circle driveway; that her family can not afford to pay $2,100 to construct a circle driveway; that the proposed project will increase traffic near her home and represents an increased danger to her family. Commissioner Quillin stated that the City cannot require the neighbor to trim the hedge; and asked if a suit regarding the height of the hedge and the danger to her family could be brought against the neighbor in civil court? Ms. Milton stated that her neighbor refuses to trim the hedge; that she plans to pursue and negotiate the construction of the circle driveway with Silver Bay. City Attorney Taylor stated that the City's provisions require hedges along property lines be trimmed to 6.5 feet; therefore, the City cannot cite the neighbor for a code violation unless the hedge is higher than 6.5 feet; that Ms. Milton could hire private legal counsel to purse the matter in civil court to obtain a remedy to the problem. Commissioner Palmer stated that the hedge blocks drivers' views of oncoming traffic and pedestrians; and asked if the City can provide a remedy as the hedge represents a public safety concern? City Attorney Taylor stated that Ms. Milton's situation has not previously been reviewed; that the City typically seeks a remedy for similar public safety issues by enforcing any applicable requirements or provisions of the Sarasota City Code (City Code) . Commissioner Palmer stated that Staff already indicated the provisions of the City Code do not apply to Ms. Milton's situation. City Attorney Taylor stated that the City Attorney's Office will examine Ms. Milton's situation; that other options are available to the City to remedy the situation; that the hedge could be declared a public nuisance; that the City may be required to spend significant funds and utilize significant Staff time to designate the hedge a public nuisance. Commissioner Palmer stated that the hedge represents a threat to public safety and welfare and should be removed if possible. Commissioner Quillin stated that other residents in the City face similar circumstances; that the concern is the rights of private property owners versus the City's requirement to maintain public safety; that the City has the right to trim or remove any landscaping or plantings which obscure the public right-of-way; that the City Attorney's Office and Staff should examine and recommend a potential remedy for Ms. Milton; that the appropriate provision could be adopted into the City Code to provide a remedy. Mayor Hogle requested that the Applicant come forward for rebuttal. Ms. Saba referred to the landscape plan for the proposed Grand Slam Plaza included in the Agenda backup material and stated that 20 trees currently exist on the propertyi that six trees are defined as undesirable and will be removed; that three oak trees will be maintained; that 84 replacement trees will be installed on the property; that 72 replacement trees are usually required for a property of similar size; that the Grand Slam Plaza will be aesthetically pleasing. Attorney Saba stated that the eastern portion of the property was previously utilized as open pasture land; that the majority of the trees are located on the western portion of the propertyi that the three oak trees are the most aesthetically pleasing and are also located on the western portion of the propertyi that Staff suggested the oak trees be saved; that the oak trees are located north of the proposed convenience store; that the existing remaining trees on the property of the convenience store are undesirable, are located on the southern portion, and will be removed. Commissioner Quillin stated that a number of aesthetically pleasing trees are located near the corner of Tuttle Avenue and 12th Street; and asked if the trees are being removed? Attorney Saba stated that the trees are located in the public right-of-way; that Tuttle Avenue will be expanded in the future; that the trees would be removed upon the expansion of Tuttle Avenue and also represent a danger to drivers wishing to turn into the property. Commissioner Quillin asked if hedges rather than trees will be installed along Tuttle Avenue? BOOK 49 Page 21128 05/21/01 6:00 P.M. BOOK 49 Page 21129 05/21/01 6:00 P.M. Attorney Saba stated that hedges and other short foliage will be installed along Tuttle Avenue as required by the City. Ms. Saba stated that the three oak trees will be visible from Tuttle Avenue. Commissioner Quillin stated that pedestrians will utilize the sidewalk along Tuttle Avenue; that the intersection of Tuttle Avenue and 12th Street is frequently busy and should be as aesthetically pleasing as possible; and asked if pedestrians will be allowed significant right of way to utilize the sidewalks along Tuttle Avenue? Ms. Saba stated yes. Attorney Saba stated that the City requires appropriate right of way be maintained to provide pedestrian access. Commissioner Quillin asked if additional landscaping could be installed? Attorney Saba stated that the installation of additional landscaping would be the choice of Boyd. Commissioner Quillin stated that Boyd has installed additional landscaping at convenience stores in Tampa, Florida, and in Pinellas County, Florida; that a particular example is a 7- Eleven convenience owned by Boyd in Dunedin, Florida; that the Dunedin convenience store is aesthetically landscaped and does not resemble a typical convenience store and gas station. Ms. Saba stated that the request for additional landscaping will be discussed with Boyd. Commissioner Quillin stated that the convenience store and surrounding property should be pedestrian friendly; that children regularly walk to school in front of the property. Commissioner Palmer asked the proposed hours of operation? Ms. Saba stated that four neighborhood residents attended the neighborhood meeting to discuss the project; that RaceTrac was still participating in the project at the time of the neighborhood meeting; that the RaceTrac convenience store and gas pumps were presented to the neighborhood residents at the meeting; that RaceTrac convenience stores are larger than convenience stores and operate 24 hours per day; that neighborhood residents did not indicate concern for the larger convenience store; that a barn is currently located on the property, which is frequently utilized by vagrants at night but is otherwise vacant; that the property is not currently lighted and is less secure than the proposed project; that a lighted convenience store space available for a community SPD Officer which will provide greater safety to the surrounding area; that RaceTrac planned to install 20 gas pumps; that the 7-Eleven convenience store will install only 12 gas pumpsi that the 24- hours-per-day operation of the convenience store will not negatively affect the surrounding neighborhood. Attorney Saba stated that Silver Bay is contractually bound to Boyd to provide zoning and conditional usage for a 24-hours-per- day convenience store; that a significant buffer will exist between the Grand Slam Plaza and the proposed Villagio Apartments; that Regent referred Boyd to Silver Bay and desires a 24-hours-per-day convenience store. Ms. Saba stated that correspondence between Regent and Silver Bay could be produced to confirm Regent's request for a 24-hour convenience store if desired. Commissioner Martin stated that such correspondence is desired; that the 24-hours-per-day operation of a business in a neighborhood is a concern; that convenience store will be a 7- Eleven convenience store; that 7-Eleven convenience stores have a good reputation in neighborhoods; that constructing a different type convenience store might be a concern; that correspondence indicating Regent's desire for a 24-hours-per-day convenience store would be appreciated. Commissioner Quillin asked the location of the sign for the convenience store on the property? Attorney Saba stated that the first sign will be located immediately south of the Tuttle Avenue entrance to the convenience store; that another sign will be located along 12th Street; that the location of the sign has not been selected but will be incorporated into a larger sign for the Grand Slam Plaza. Mayor Hogle requested that the City come forward for rebuttal. Mr. Hoglund referred to the Kimley-Horn and Associates, Inc. (Kimley-Horn), traffic study included in the Agenda backup material and stated that the proposed project was discussed with BOOK 49 Page 21130 05/21/01 6:00 P.M. BOOK 49 Page 21131 05/21/01 6:00 P.M. Ed Smith Stadium Staff; that during the April 4, 2001, PBLP meeting, the traffic. impact on the neighborhood north of 12th Street was discussed with PBLP members; that Kimley-Horn conducted the traffic study which indicated 38 percent of the vehicular traffic to the Grand Slam Plaza would occur on Tuttle Avenue south of 12th Street; that the traffic study also indicated the remaining vehicular traffic to the Grand Slam Plaza would be distributed 35 percent east on 12th Street, 11 percent west on 12th Street, and 16 percent north of Tuttle Avenue; that the traffic study was based upon demographic consideration of the citizens who would utilize the entire Grand Slam Plaza rather than just the convenience store; that 1,134 vehicular, trips occur in front of Ms. Milton's house during peak p.m. hours; that Kimley-Horn estimated vehicular trips would increase only to 1,165 if the proposed project is constructed; that major traffic increases may result only on Tuttle Avenue south of 12th Street and on 12th Street east of Tuttle Avenue. Mr. Hoglund continued that more turning motions will occur onto 12th Street; that vehicles will not be allowed to turn left into the Grand Slam Plaza utilizing the mid-block entrance; that vehicles traveling southbound on Tuttle Avenue will be required to turn left onto 12th Street and then turn immediately right into the Grand Slam Plaza entrance; that the traffic impact on Tuttle Avenue north of 12th Street will be modest; that County Engineering Department Staff were queried concerning traffic circulation affecting nearby properties; that County Staff indicated Silver Bay did not proffer to fund traffic circulation improvements; that the County would not approve the construction of a southbound left-turn lane on Tuttle Avenue into the proposed Grand Slam Plaza; that the City Code and the Zoning Code (1998) do not currently allow the City to provide a remedy for Ms. Milton's concern; that hedges can be planted along private property lines; however, the height is limited to 6.5 feet; that a significant number of private residences in the City have similar hedges or fences; that a significant site distance problem exists on such properties; that the Commission could decide if a provision to allow the City to remove any site distance conflicts is required; that County Engineering Department Staff also did not propose a remedy to Ms. Milton's problem; that Silver Bay should be commended for efforts to remedy Ms. Milton's problem. Commissioner Quillin asked if County Parks and Recreation Staff were consulted concerning the development and construction of the proposed Grand Slam Plaza? Mr. Hoglund stated no. Commissioner Quillin asked if any expansions or improvements at nearby County parks are planned? Mr. Hoglund stated that the County's plans to expand or improve nearby parks are unknown; that the County Real Estate Division Staff were consulted regarding the acquisition of public right-of-way for the proposed project; that Silver Bay will not be required to acquire any additional public right-of-way for the proposed project. Commissioner Quillin stated that local baseball little leagues utilize nearby ball parks for games and registration; that traffic is trequently backed up on Tuttle Avenue as a result of the games; that the intersection of 12th Street and Tuttle Avenue will be further congested as a result of the proposed project. Mr. Hoglund stated that a significant number of local activities generates significant traffic at the intersection of Tuttle Avenue and 12th Street; that Staff of the County Office of Historical Resources were also queried concerning the history of properties along Tuttle Avenue; that several circle driveways have been constructed along Tuttle Avenue as a result of the increased traffic congestion; that the circle driveways were all constructed at private expense. Mayor Hogle requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4304 by title only. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4304 on first reading including the additional conditions proposed by Staff and the City Attorney's Office: 10. The Applicant shall install, at its sole expense, an extension of the median on Tuttle Avenue abutting the western boundary of the Project site, as generally depicted on Site Plan Application No. 01-SP-03, upon receiving the approval of such modifications from Sarasota County. The purpose of the median extension shall be to BOOK 49 Page 21132 05/21/01 6:00 P.M. BOOK 49 Page 21133 05/21/01 6:00 P.M. provide a left turn into and out of the Project site to Tuttle Avenue. The median modification shall be constructed in compliance with all requirements of all applicable codes and ordinances of the City of Sarasota and shall be completed prior to the issuance of the first certificate of occupancy for the Phase I convenience store. 12. The Applicant shall submit an executed private utility easement from Regent Sarasota, L.L.P., as grantor in favor of the Applicant for locating and maintaining a private stormwater utility line to the City Attorney's Office prior to second reading of the rezone ordinance. 13. The Applicant shall submit revised drainage plans to the City Engineer prior to the issuance of the first building permit for the project that would depict the stormwater drainage consistent with the agreement regarding stormwater drainage and retention. Attorney Schenk stated that Silver Bay will also be required to submit an amendment to the Stormwater Retention and Drainage Agreement prior to adoption of proposed Ordinance No. 01-4304 on second reading. Commissioner Palmer stated that the requirement should be included in the motion as well. Commissioner Quillin concurred. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Palmer, yesi Quillin, yes; Hogle, yes; Martin, yes. City Auditor and Clerk Robinson read proposed Resolution No. 01R-1364 by title only. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to approve proposed Resolution No. 01R-1364 with addition of proposed condition 2 (f) as follows: (f) The Applicant shall cause Phase I of the Project, consisting of a convenience store space available for accessory motor vehicle fuel pumps, to be constructed in accordance with the Agreement Regarding Stormwater Retention and Drainage dated May 17, 2001, between Regent Sarasota, L.P. (the developer of the proposed Villagio Apartments to be located immediately to the east of the rezoned property), and the Applicant (Silver Bay Investments, Inc.). A copy of said Agreement, with confidential portions extracted, being attached hereto, labeled Exhibit 'B', and made a part hereof by reference. Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Palmer, yes; Quillin, yes; Hogle, yes; Martin, yes; Mason, yes. The Commission recessed at 7:56 p.m. and reconvened at 8:12 p.m. 6. CITIZENS' INPUT CONCERNING CITY TOPICS - REFERRED POSSIBLE USES FOR AND CONTRACTS ON THE LEMON AVENUE MALL AREA TO THE ADMINISTRATION FOR DISCUSSION WITH THE DOWNTOWN ASSOCIATION #2 (0870) through (1050) The following person came before the Commission: Paul Thorpe, Executive Director, the Downtown Association of Sarasota, Inc. (Downtown Association), 1818 Main Street (34236), thanked the City for funding an informative trip to West Palm Beach and Delray Beach, Florida, to discuss redevelopment; and stated that the time spent on Climatis Street in West Palm Beach was enjoyable; that the City's Lemon Avenue Mall area has the potential to become an area similar to Climatis Street in West Palm Beach; that the Main Street Depot is rarely open or hosting events; that events hosted at the Main Street Depot often have religious overtures; that the use of the Main Street Depot, which is in the center of the City, should be reviewed. Commissioner Quillin stated that the completion of the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020) was awaited prior to making any decisions concerning the Lemon Avenue Mall area; that extending the sidewalks around the Lemon Avenue Mall was discussed; that reexamining the area is important, especially considering the Sarasota County Area Transit (SCAT) Transfer Facility will be constructed near City Hall; that a master plan for the Lemon Avenue Mall area, which requires enhancement, should be developed. Mr. Thorpe agreed and stated that the Downtown Association wishes to work with the City; that expansion of the Farmer's Market is a possibility. BOOK 49 Page 21134 05/21/01 6:00 P.M. BOOK 49 Page 21135 05/21/01 6:00 P.M. Commissioner Palmer stated that the City has a month-to-month lease on the Lemon Avenue Mall property; that the Administration should work with the Downtown Association to develop appropriate uses; that the community is interested in generating activity in the Lemon Avenue Mall area; that some effort has been initiated to make mprovements; however, the Lemon Avenue Mall property should not continue to remain vacant. Mayor Hogle stated that hearing the consensus of the Commission, possible uses for the Lemon Avenue Mall area are referred to the Administration for discussion with the Downtown Association. Commissioner Martin stated that the Administration should also review existing contracts on the property. Commissioner Quillin stated that the contract should be more open; that religious events in the area have been viewed and are not objectionable; that pedestrians and patrons of outdoor restaurants enjoy the music. Mayor Hogle stated that hearing the consensus of the Commission, the contracts on the Lemon Avenue Mall area are referred to the Administration for review. 7. UNFINISHED BUSINESS: PRESENTATION AND DISCUSSION RE: : TRANSPORTATION PROJECT PRIORITY LIST - APPROVED THE REVISED IMPACT FEE PRIORITY LIST AND DIRECTED STAFF TO WORK WITH SARASOTA COUNTY AND THE SARASOTA/MANATEE METROPOLITAN PLANNING ORGANIZATION (MPO) TO EXPEDITE THE 17TH STREET AND MYRTLE STREET FUNDING (AGENDA ITEM VI-1) #2 (1050) through (1450) Dennis Daughters, Director of Engineering/City Engineer, and Alexandrea Hay, Deputy Director of Engineering/Deputy City Engineer, came before the Commission. Ms. Hay stated that the Engineering Department has prioritized the City's transportation projects as follows: 1. Traffic Signalization, Citywide, Project No. EN-20.0 Repair existing signals and install new signals as required; Funding Source: Gas Tax - fiscal years (FY) 2001/02 to 2005/06 2. Traffic Signal System, Phase 2, Project No. EN-20.2 Upgrade traffic signal system to fiber optic communication medium; Funding Source: Florida Department of Transportation (FDOT) Not scheduled 3. Bridge Replacement, Project No. EN-51.0 Establish cash reserve for replacement of bridges including the 38th Street bridge over Whitaker Bayou; Funding Source: Gas. Tax - FY 2001/02 4. Lockwood Ridge Road, Fruitville Road to 17th Street, Project No. EN-64.0 Fund installation of curb, gutters, sidewalks, and bicycle lanes; Funding Source: Impact Fees FY 2005/06 5. Ken Thompson Parkway, State Road 789, Project No. EN-73.0 - Install traffic signal at intersection; Funding Source: FDOT or Private. - Not scheduled 6. US 30, Wood Street to University Parkway, Project No., EN-74.0 - Widen US 301 to six lanes from 12th Street and 4 lanes with TSM and TDM south of 12th Street; Funding Source: FDOT - FY 2001/02; Construction Study, FY 2004/05 7. US 41, Osprey Avenue to US 301, Project No. EN-97.0 Add a third lane to southbound US 41 from Osprey Avenue to US 301; Funding Source: FDOT FY 2003/04: Design; Construction not yet scheduled 8. Siesta Drive, Osprey Avenue to Camino Real, Project No. EN-100.0 Lengthen eastbound to southbound right-turn lane; Funding Source: FDOT FY 2001/02: Design and Construction 9. US 41 at Bahia Vista, Project No. EN-101.0 - Lengthen westbound to northbound right-turn lane for a minimum of 350 feet; Funding Source: FDOT - FY 2005/06: Design and Construction 10. Beneva Road at Fruitville Road, Project No. EN-102.0 - Create a northbound to eastbound right-turn lane with a length of 320 feet; Funding Source: FDOT - FY 2003/04: Design and Construction 11. Golden Sands Park, Fruitville Road at Beneva Road, Project No. EN-102.1 Create a pocket park at the southeast corner utilizing FDOT right of way 12. 12th Street, Tuttle Avenue to Beneva Road, Project No. EN-107.0 Design and construct a four-lane roadway with medians, curb, gutters, drainage, sidewalks, BOOK 49 Page 21136 05/21/01 6:00 P.M. BOOK 49 Page 21137 05/21/01 6:00 P.M. bicycle lanes, and lighting; Funding Source: FDOT FY 2003/04: PD&E Study; Design and Construction not yet scheduled 13. Gillespie Avenue, 18th Street to 21st Street, Project No. EN-109.0 = Design and construct a new two-lane roadway with curbs, gutters, drainage, sidewalks, bicycle lanes, and lighting; Funding Source: Gas Tax FY 2001/02: Design and Construction 14. US 41 at 10th Street, Project No. EN-81.0 Construct additional second southbound to eastbound left-turn lane; Funding Source: FDOT FY 2003/04: Design and Construction 15. US 41 at Fruitville Road, Project No. EN-84.1 - Construct additional southbound to eastbound left-turn lane with a minimum of 150 feet; Funding Source: FDOT - FY 2002/03: Design and Construction 16. Fruitville Road at US 41, Project No. EN-84.2 Extend inside westbound to southbound right-turn lane for a length of 350 feet from the existing right-turn lane to Cocoanut Avenue; Funding Source: Impact Fees FY 2001/02: Construction 17. US 41 at Fruitville Road, Project No. EN-84.3 = Construct new northbound to eastbound right-turn lane with a minimum length of 250 feet; Funding Source: FDOT Not yet scheduled 18. US 41 at Gulf Stream Avenue, No Project Number - Construct additional third lane and northbound to westbound left-turn lane; Funding Source: County Incentive Grant Program (CIGP) - FY 2003/04: Design and Construction 19. Gulf Stream Avenue, Sunset Drive to US 41, No Project Number Extend existing deceleration lane from Sunset Drive to US 41 to accommodate the triple left-turn lane at US 41 at Gulf Stream Avenue; Funding Source: FDOT Not yet scheduled 20. Bayfront Multi-Use Recreational Trail, Project. No. EN-59.0 Install a combination of multi-use trail and bicycle lanes; Funding Source: FDOT - FY 2001/02: Construction 21. 17th Street, US 41 to Orange Avenue, Project No. EN-71.0 Design and construct a new two-lane roadway with curbs, gutters, drainage, sidewalks, bicycle lanes, lighting and neighborhood entrance features; Funding Sources: Impact Fees FY 2001/02: Design and partial construction and FDOT - Construction: not yet scheduled 22. 17th Street at US 301, Project No. EN-71.1 - Modify west leg of intersection to two lanes in each direction with left-turn lane; Funding Source: Impact Fees = FY 2003/04: Design and Construction 23. Osprey Avenue at US 41, Project No. EN-78.0 Construct second southbound to eastbound left-turn lane; Funding Source: Local Options Sales Tax (L.0.S.T.) extension - FY 2002/03: Design and Construction 24. Myrtle Street, US 41 to US 301, Project No. EN-93.0 Rebuild two-lane roadway with curbs, gutters, streetscape, walkways, and medians; Funding Sources: Impact Fees = FY 2003/04; L.O.S.T extension FY 2001/02; County Telephone Tax - FY 2003/04); and County Gas Tax - FY 2005/06 25. Siesta Drive, East of Osprey Avenue, No Project Number Extend westbound to southbound left-turn lane; Funding Source: FDOT - FY 2003/04: Design and Construction 26. Southside Village Improvements, Hyde Park to Arlington Street, No Project Number - Install pedestrian crosswalk improvements, brick pavers, in-ground lighting, and bus shelters; Funding Source: FDOT = Not yet scheduled 27. US 41, at Fruitville Road, First Street, and Gulf Stream Avenue, No Project Number Install pedestrian amenities, brick pavers, in-ground lighting, and bus shelters; Funding Source: FDOT - Not yet scheduled 28. St. Armands Circle, No Project Number Install pedestrian crosswalk improvements including brick pavers and in-ground lighting; Funding Source: FDOT Not yet scheduled 29. Orange Avenue, Ringling Boulevard to 17th Street, No Project Number Install bicycle lanes and sidewalks; Funding Source: FDOT - Not yet scheduled 30. US 41 at Fruitville Road, No Project Number Install improvements to increase traffic flow from Fruitville Road and US 41 to John Ringling Boulevard; Funding Source: not determined Mr. Daughters stated that two issues are presented for consideration: 1) impact fee recommendations and 2) a priority list for projects to receive Sarasota/Manatee Metropolitan Planning Organization (MPO) funding. BOOK 49 Page 21138 05/21/01 6:00 P.M. BOOK 49 Page 21139 05/21/01 6:00 P.M. Mr. Daughters referred to charts entitled Impact Fee Projections, included in the Agenda backup material as follows: Sheet A: The City's April 2000 requested impact fees usage Sheet B: The County's version of impact fees usage Sheet C: The City's May 2001 requested impact fees usage Mr. Daughters continued that the US 41 and the Fruitville Road project was added for fiscal year (FY) 2000/01; that the desire is to complete the project, which is an extension of the left turn lane to create more stacking room as vehicles travel westbound on Fruitville Road to southbound on US 41, in the summer of 2001; that all excess funds have been allocated to the 17th Street project; that the Myrtle Street renovation has been moved Earther into the future as the County's funding for construction is proposed for 2005; that the Lockwood Ridge Road plans remain the same; that following are the impact fee projections on Sheet C for FY 1999/2000: FY 1999/2000 Amount Sixth Street (Completed) $402,100 Cocoanut Avenue (Completed) 201,000 US 41 - Fruitville Road WB to SB left turn 200,000 17th St. Design/row US 41 to Orange Avenue 825,625 17th St. Construction - US 41 to Orange Avenue 1,100,000 Mr. Daughters continued that following are the impact fee projections on Sheet C for FY 2001/02 through 2005/06: Other Projects Amount FY 17th St. Design/roW-US 41 to Orange Avenue $400,000 2001/02 17th St. Construction at US 301 130,000 2003/04 Myrtle Avenue US 41 to US 301 800,000 2003/04 Lockwood Ridge Road - 12th St. = 17th St. 450,000 2005/06 Mr. Daughters referred to a chart entitled City Capital Improvement Project or Capital Improvement Program (CIP) and MPO Projects included in the Agenda backup material, and stated that the chart includes all impact fee projects from Sheet C and projects which will be funded by the MPO and the Florida Department of Transportation (FDOT), including County and City projects; that all transportation and improvement projects within or adjacent to the City boundaries within the next five years are included; and referred to the following: Item No. 12: 12th Street between Tuttle Avenue and Beneva Road Design and construct a four-lane roadway with medians, curb, gutters, drainage, sidewalks, bike lanes, and lighting Item No. 21: 17th Street from US 41 to Orange Avenue Design and construct a four-lane roadway with medians, curb, gutters, drainage, sidewalks, bike lanes, and lighting. Mr. Daughters stated that the MPO has prioritized Item No. 12 as an MPO Ranking No. 7 and Item No. 21 as an MPO Ranking No. 25; that the proposal is to switch the two projects at the next MPO meeting in June 2001; that at the May 21, 2001, MPO meeting, a decision was made to begin the prioritization process for next year at the June 2001 MPO meeting; that a Commission decision to request the MPO switch the ranking of Item Nos. 12 and 21 is requested prior to the June 2001 MPO meeting; that the MPO Ad Hoc Committee makes the final recommendation for prioritizing the projects; that the City is interested in completing the modifications to 17th Street as soon as possible; however, 17th Street may not be completed for several years due to the lack of funding for construction; that funding for the design and right-of-way acquisition, which is costly, is ensured; that funding for the construction will be received at a later date. Mr. Daughters referred to the following: Item No. 16: Fruitville Road at US 41 Extend inside westbound to southbound right turn lane for a length of 350 feet from the existing right turn lane to Cocoanut Avenue Item No. 23: Osprey Avenue at US 41 Construct additional second southbound to eastbound left-turn lane Mr. Daughters stated that the projects will be pre-funded with City funds; that a reimbursement agreement with FDOT will be pursued if the projects can be placed on FDOT's and MPO's Congestion Management System' (CMS) list which is another funding mechanism; that placement on the CMS list is not certain; and referred to the following: BOOK 49 Page 21140 05/21/01 6:00 P.M. BOOK 49 Page 21141 05/21/01 6:00 P.M. Item No. 18: US 41 at Gulf Stream Avenue Construct additional third lane northbound to westbound left turn lane Mr. Daughters stated that the project is new and was not reviewed at the Capital Improvement Project or Capital Improvement Program (CIP) workshop; that the description should read lintersection improvements" rather than "construct additional third lane northbound to westbound left turn lane"; that an alternative could be development of an additional northbound to westbound left turn lane or roundabout; that the FDOT Downtown Master Plan may contain a better alternative; that a third northbound lane is a requirement of the Renaissance of Sarasota and Ritz-Carlton Hotel development agreements; that the City may be responsible for constructing improvements at the intersection and should fund the improvements; that the funding source is indicated as County Incentive Grant Program (CIGP). i that only the County can apply for CIGP funds; that the City can apply for CIGP funds through the County; that the funds would only cover 50 percent of costs; that the City would be required to locate funding for the other 50 percent of the improvements; and referred to the following: Item No. 26: Southside Village Improvements from Hyde Park to Arlington Street Pedestrian Crosswalk improvements, brick pavers, in-ground lighting, bus shelters Item No. 27: US 41 including Fruitville Road, First Street, and Gulf Stream Avenue Pedestrian amenities, brick pavers, in-ground lighting, bus shelters Item No. 28: St. Armands Circle - Pedestrian crosswalk improvements, brick pavers, in-ground lighting Item No. 29: Orange Avenue from Ringling Boulevard to 17th Street - Bike lanes/Sidewalks Mr. Daughters stated that the projects were not reviewed at the CIP workshop; that the projects are enhancements and currently unfunded; that the category deemed "enhancement funding" by FDOT will be pursued; that enhancement and CMS funding are not certain; that the City has been successful in obtaining enhancement and CMS funding in prior years; that other municipalities may receive the funding this yeari that the City is undaunted and will continue to seek funding; that the remainder of the projects are as reviewed at the CIP workshop; that the costs may change slightly; that the request is for the Commission to approve the impact fee project priority list indicated on Sheet C and direct Staff and authorize the City's two members on the MPO to pursue switching the MPO ranking of the 17th and 12th Street projects. City Manager Sollenberger stated that the Administration recommends approving the revised impact fee priority list and directing Staff to work with Sarasota County and the MPO to expedite the 17th, Street and Myrtle Street funding permits. On motion of Commissioner Palmer and second of Commissioner Quillin, it was moved to approve the revised impact fee priority list and direct Staff to work with Sarasota County and the Sarasota/Manatee Metropolitan Planning Organization (MPO) to expedite the 17th Street and Myrtle Street funding. Mayor Hogle stated that serving as a member of the MPO Ad Hoc Committee for Funding along with Commissioner Quillin is beneficial. Commissioner Quillin stated that receiving funding for the 17th Street project was an achievement; that hard work will ensure the goals will be reached. Commissioner Martin stated that the correction in language on Item No. 18 from "Construct additional third lane northbound to westbound left turn lane" to intersection improvements" should be made. Mr. Daughters stated that the correction will be made. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yesi Mason, yesi Palmer, yesi Quillin, yes; Hogle, yes. 8. NEW BUSINESS: APPROVAL RE: : AUTHORIZE THE MAYOR, CITY AUDITOR AND CLERK, CITY ATTORNEY, AND CITY ENGINEER TO EXECUTE THE FINAL PLAT FOR THE RENAISSANCE OF SARASOTA SUBDIVISION APPROVED (AGENDA ITEM VII-1) #2 (1450) through (2222) Rick Winters, Engineering Technician V, Engineering Department, came before the Commission and stated that the Wynnton Group, Inc., is seeking to subdivide the Renaissance of Sarasota property into six individual parcels; that Ordinance No. 98-4051 rezoned the property to the Commercial, Central Business BOOK 49 Page 21142 05/21/01 6:00 P.M. BOOK 49 Page 21143 05/21/01 6:00 P.M. District (C-CBD) Zone District conditioned upon development in accordance with the approved site plan; that the recently constructed Renaissance of Sarasota condominium building and parking garage are located on one of the lots; that Section 177.071 (1), Florida Statutes, requires approval of the local governing body having jurisdiction over the lands platted prior to the plat being offered for recording; that evidence of the approval must be placed on the plat; that the proposed subdivision plat has been reviewed and found to comply with the requirements of the Engineering Design Criteria Manual (EDCM) ; that the legal review by the City Attorney's Office indicates the requirements of the State Statutes have been met; that at the March 7, 2001, Planning Board/Local Planning Agency (PBLP) meeting, the PBLP unanimously recommended approval of the proposed plat conditioned upon maintaining Ordinance No. 98-4051 and Development Agreement dated April 20, 1998, in full force and effect. Commissioner Palmer asked if the two utility easements for water and sewer have been granted? Mr. Winters stated yes; that the plat reflects all easements; that an official recorded number is associated with each easement indicating all easements have been recorded. Robert Fournier, Attorney, City Attorney's Office, came before the Commission, and stated that the certification of the City Engineer that the plat complies with Florida Statues, the PBLP minutes, and Staff's written report are included in the Commission's Agenda backup material; that the procedure applicable under the Zoning Code (1998) does not require the Commission to hold a public hearing to approve the final plat; that the requirement is for the PBLP to hold a public hearing which has been done; that the PBLP's unanimous recommendation as reflected in the PBLP minutes is for approval; that the City Engineer has certified the plat complies with the applicable requirements of Section 177.071 (1), Florida Statutes, which is the platting statute, and the EDCM. Attorney Fournier continued that no less than four agreements have affected the development of the property beginning with the 1996 interlocal agreement between Sarasota County and the Community Redevelopment Agency (CRA) which provided for marketing of the site by the CRA; that the Agreement for Development and Disposition of Real Property (Disposition Agreement) is between the CRA and the Wynnton Group, Inc.; that the original reference to a subdivision plat was included in the Disposition Agreement which was approved in October 1997 and indicates the developer has the obligation to file a revised plat for the property; that the Disposition Agreement provides the developer the right to assign, in whole or in part, any phase of the project and does not require the City or CRA approve the assignment; however, any assignee takes the obligations to the particular phase but does not incur obligations to the remainder of the development. Attorney Fournier further stated that a development agreement and implementation agreement were approved by the Commission subsequent to the Disposition Agreement at the April 6, 1998, Regular Commission meeting; that the parties to the agreements are the City, as distinguished from the CRA, and the Wynnton Group, Inc.; that the primary purpose of the development agreement is to maintain the level of service (LOS) for transportation facilities under the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) i that the development agreement addresses concurrency of transportation facilities and construction of numerous tramsportation-relared facilities in the area; that the implementation agreement was for the Commission to ratify prior obligations of the CRA; that development agreements must include a description of all local development permits which have been approved or must be approved for a project to move forward; that the development agreement indicates a subdivision plat should be filed with the local development permits required; that the City agreed to accept any dedication of public rights-of-way or sidewalks at the time the developer filed a plat in the implementation agreement; that the belief was the developer may wish to dedicate a public street through the center of the property; that the City agreed in the implementation agreement to accept the dedication provided any improvements were constructed in accordance with City standards with no restrictions to public access. Attorney Fournier stated further that a recommended condition for PBLP approval was originally in the Staff report as follows: Except as specifically modified herein the development agreement, Ordinance No. 98-4051, which is the ordinance rezoning the property to C-CBD, shall remain in effect. Attorney Fournier continued that based upon the recommendation of the City Attorney's Office, the PBLP deleted the phrase "except as BOOK 49 Page 21144 05/21/01 6:00 P.M. BOOK 49 Page 21145 05/21/01 6:00 P.M. specifically modified herein" as the effect of the approval of the final plat did not modify the development agreement or Ordinance No. 98-4051; that the pertinent provision from Ordinance No. 98-4051 indicates approvals are conditioned upon the location and construction of the proposed mixed-use project in conformity with the development plan presented with approved Development Plan Review Application No. 98-DPR-B; that no building permits which do not conform to the final development plan approved by the Commission shall be issued for construction on the subject property; that the Director of Building, Zoning, and Code Enforcement may permit minor revisions in accordance with the Zoning Code (1998); that the development agreement contains maximum square footages of different types of uses; that concurrency was based upon maximum square footages on different types of uses; that the development agreement indicates no more than 40,000 square feet (sq. ft.) of office space, 35,000 sq. ft. of retail, 20,000 sq. ft. of restaurant, 20,000 sg. ft. of institutional development, 100 guest rooms for a non-convention hotel, and 500 dwelling units should exist on the site; that all six lots would be subject to the limitations; that the allocations among the six lots in the subdivision will be determined at a later date; that any future or prospective purchaser of any lots would purchase subject to the conditions to rezone the entire site and the limitations of the development agreement. Commissioner Palmer stated that the CRA issued a Request for Proposal (RFP) to which several proposals based upon the conditions in the RFP were received; that Wynnton Group, Inc., was awarded the right to develop the property based upon a proposal submitted to the City; that the proposal included a basic manner in which the development would move forward; that the property will be divided into six separate parcels; that the new owner may develop the property differently than depicted on the development plan; that at Staff's recommendation, a notation was added to the development plan indicating development is to occur as depicted on Development Plan Review Application No. 98-DPR-B to mitigate the concern; that the property owner maintains the right to request modifications to previous approvals for the individual subdivided parcels through the rezone ordinance amendment process which requires Commission approval; that substantial and competent evidence must exist as a basis to determine if modifications to a rezoning meet the zoning requirements. Commissioner Palmer referred to a memorandum dated January 17, 2001, to Dennis Daughters and Rick Winters, indicating an application for a rezone ordinance amendment is required for an exception if a site plan which does not conform to Development Plan Review Application No. 98R-DPR-B is submitted for one of the platted lots; that the agreement with the Wynnton Group, Inc., and the CRA could be in conflict with different action if the property is developed in six separate lots; that clarification of the City's position would be appreciated; and asked if the City can decline a request by an individual owner if not consistent with Development Plan Review Application No. 98-DPR-B? Attorney Fournier stated that the Staff report and the January 17, 2001, memorandum acknowledge the possibility of a modification to the site plan in the future; that a site plan must be presented for site plan approval subject to the applicable criteria if the modifications are sO substantial as to deviate from the approved site plan; that a contractual relationship exists on the property; that no obligation for approval exists; that approval is subject to the applicable standards at the time requested; that a change may be requested; however, the Commission may decide the property should be developed in accordance with the original agreement. Commissioner Palmer stated that the City should have the right to deny development even if the development meets all land development regulations; that the development must also be consistent with the development plan approved by the CRA. Attorney Fournier stated that any prospective purchaser has notice of the development agreement; that a notation has been made on the plat to indicate the plat is subject to other restrictions generally and specifically included in the development agreement. Commissioner Palmer stated that the City should not be in a position of being required to approve a development inconsistent with the development plan approved at the time Wynnton Group, Inc., was given the right to develop the property. Attorney Fournier stated that any purchaser is an assignee with knowledge of preexisting restrictions. Commissioner Quillin stated that the type of development in the area is of concerni that the development may occur after the current Commission is gone; that a new Commission may not have historical recollection; that some items in the development agreement should be returned to the Commission for discussion; that a main concern is the view corridor which limits thè City's ability to develop certain property; that the development which BOOK 49 Page 21146 05/21/01 6:00 P.M. BOOK 49 Page 21147 05/21/01 6:00 P.M. will be placed in the area causes discomfort but is understood; that technical documents to support the project exist; that clarifying the situation will allow the City to negotiate any desired changes. Attorney Fournier stated that any prospective purchasers of the lots are unknown; that the plat is consistent with all prior agreements. Commissioner Quillin stated that the property will be purchased with a view corridor. Attorney Fournier stated that the view corridor was in the Disposition Agreement with the CRA in 1997. Commissioner Quillin stated that the original site and development plan should be reviewed; that the proposed construction is not consistent with the original site and development plan requirements. Attorney Fournier stated that any of the agreements can be amended if the parties are willing. City Manager Sollenberger stated that the Administration recommends approving the final plat for the Renaissance of Sarasota and authorizing the Mayor, City Auditor and Clerk, and City Engineer to sign the final plat prior to recording. On motion of Commissioner Martin and second of Vice Mayor Mason, it was moved to approve the final plat for the Renaissance of Sarasota and authorize the Mayor, City Auditor and Clerk, and City Engineer to sign the final plat prior to recording. Commissioner Palmer stated that the discussion was raised for purposes of historical reference at a future date. Mayor Hogle called for a vote on the motion. Motion carried unanimously (5 to 0): Martin, yesi Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. 9. BOARD APPOINTMENTS: APPOINTMENT RE: COMMUNITY DEVELOPMENT ADVISORY COMMITTEE APPOINTED JETSON GRIMES, JENNIFER WILSON, AND TOM TREEND (AGENDA ITEM VIII-1) #2 (2222) through (2465) Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that at the November 6, 2000, Regular Commission meeting, the Commission adopted Resolution No. O0R-1302, which authorized the reestablishment of a Community Development Advisory Committee (CDAC); that at the May 7, 2001, Regular Commission meeting, the Commission adopted Resolution No. 01R-1339 amending Resolution No. O0R-1302 to increase the membership of the CDAC to 14 members; that the additional member will be a student appointed by the Sarasota Board of County Commissioners (BCC) i that the CDAC will consist of 14 voting members with 3 members appointed by the City, 1 member appointed by the City of Venice, 1 member appointed by the City of North Port, and the remaining 9 members appointed by the County; that the executive directors of the Sarasota and Venice Housing Authorities shall serve as non-voting members. Commissioner Palmer stated that the at-large vacancies could be filled with one of the two applicants identified for the vacancy for low-income neighborhoods; that one individual does not have a good attendance record on the prior CDAC. City Auditor and Clerk Robinson stated that the following individuals have applied for the City vacancies on the CDAC and are eligible and qualified to serve: Low Income Neighborhood - One vacancy: Jetson Grimes, Greater Newtown Community Redevelopment Corporation Jennifer Wilson, Park East Neighborhood Association At Large - Two vacancies: Sister Frances Nevolo, Bethesda House Samuel Skogstad, Economist Tom Treend, Young Men's Christian Assoclation (YMCA) Alexander Young, United Way City Auditor and Clerk Robinson stated that Messrs Treend and Young previously served on the CDAC. On motion of Commissioner Palmer and second of Commissioner Martin, it was moved to appoint Jennifer Wilson to the low-income neighborhood vacancy on the CDAC. Motion carried unanimously (5 to 0) : Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. BOOK 49 Page 21148 05/21/01 6:00 P.M. BOOK 49 Page 21149 05/21/01 6:00 P.M. Commissioner Martin with the second of Commissioner Palmer nominated Tom Treend for appointment to one of the at-large seats on the CDAC. Commissioner Palmer with the second of Commissioner Martin nominated Jetson Grimes for appointment to one of the at-large seats on the CDAC. Commissioner Quillin stated that a member of the CDAC should be associated with a non-profit housing provider or involved with the homeless issue. Commissioner Martin stated that Mr. Treend serves on the Sarasota County Coalition for the Homeless, Inc. (Homeless Coalition), served on the CDAC in the past, and is personally recommended. Commissioner Quillin stated that a member from the Homeless Coalition should be appointed to the CDAC. Commissioner Martin stated that Mr. Treend is a prominent member of and government liaison for the Homeless Coalition, is personally known, and has frequently chaired the CDAC in the past. Mayor Hogle called for a vote on the nominations of Tom Treend and Jetson Grimes for appointment to the at-large seats on the CDAC. Messrs Treend and Grimes received five votes: Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Mayor Hogle announced the appointments of Jetson Grimes, Jennifer Wilson, and Tom Treend to the CDAC. Commissioner Martin asked if the County will be nominating another appointee as Reverend William Gaylord resigned from the CDAC, if the City may submit applications to the County, and if the applicants to the City have applications before the County? Mr. Hadsell stated that Sister Frances Nevolo applied for a County position on the CDAC. Commissioner Palmer stated that the Applicant must be associated with a non-profit housing provider. Mr. Hadsell stated that Sister Nevolo is working with housing for victims of HIV/AIDS; that Alexander Young also applied for the vacant County position. Commissioner Palmer asked if Staff can contact the Applicants to request applications be submitted to the County? Mr. Hadsell stated yes. 10. BOARD APPOINTMENTS: APPOINTMENT RE : PUBLIC ART COMMITTEE - REAPPOINTED DALE PARKS AND BONNIE LANCASTER AND APPOINTED VICKY RANDALL (AGENDA ITEM VIII-2) #2 (2465) through (2658) City Auditor and Clerk Robinson stated that Katherine Hansen O'Connell's term has expired; that Ms. O'Connell's seat is designated for an art expert; that Ms. O'Connell has served two terms and is not eligible for reappointment; that the terms of Dale Parks and Bonnie Lancaster expired in November 2000; that Mr. Parks has expressed a desire and is eligible for reappointment to the seat designated for an architect or planner; that Ms. Lancaster has expressed a desire and is eligible for reappointment to the seat designated for a City resident or property owner; that Virginia Hofiman, Jane Skogstad, and Vicky Randall have also applied for appointment to the seat designated for an art expert. On motion of Commissioner Quillin and second of Vice Mayor Mason, it was moved to reappoint Dale Parks and Bonnie Lancaster to the Public Art Committee. Motion carried unanimously (5 to 0): Martin, yes; Mason, yes; Palmer, yes; Quillin, yes; Hogle, yes. Commissioner Quillin nominated Virginia Hoffman and stated that Ms. Hoffman has worked with the City and is a well-known local artist; that a letter of recommendation for Ms. Hoffman was received from Ms. O'Connell. Vice Mayor Mason nominated Vicky Randall. Commissioner Quillin stated that Ms. Hofiman lives in District 3 and would replace Ms. O'Connell who also lives in District 3; that the City attempts to ensure diversification on City advisory boards; that the selection of Ms. Hoffman would replace a member from District 3 with another resident of District 3. Mayor Hogle called for the vote on the nominations. Ms. Hofiman received two votes: Quillin, yes; Martin, yes. BOOK 49 Page 21150 05/21/01 6:00 P.M. BOOK 49 Page 21151 05/21/01 6:00 P.M. Ms. Randall received. three votes: Palmer, yes; Hogle, yes; Mason, yes. Mayor Hogle announced the appointment of Vicky Randall to the Public Art Committee. Mayor Hogle stated that all applicants are appreciated and should continue to apply; that opportunities to serve on other City advisory boards are available. Commissioner Martin stated that applicants are encouraged to apply for other positions. City Auditor and Clerk Robinson stated that currently a vacancy exists on the Parks, Recreation and Environmental Protection Advisory Board; that three vacancies exist on the Citizens with Disabilities Advisory Board. Commissioner Palmer stated that a vacancy exists on the Sarasota Housing Authority (SHA) Board. City Auditor and Clerk Robinson stated that the appointment to the SHA Board is made by the Mayor with the consensus of the Commission; that the position is for a tenant of a housing authority or a participant in the Section 8 housing program of the Department of Housing and Urban Development 11. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (2658) through (2658) There were no Commission Board and Committee Reports. 12. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED A LETTER TO THE SARASOTA BOARD OF COUNTY COMMISSIONERS BE DRAFTED SUPPORTING RETENTION OF THE 941 AREA CODE; ADMINISTRATION WILL RETURN REPORTS CONCERNING: 1) THE CLOSING OF ORANGE AVENUE AT BOOKER HIGH SCHOOL, 2) PAYNE PARK 3) ACTION ITEMS, AND 4) GRANT FUNDING RECEIVED BY BRADENTON (AGENDA ITEM X) #2 (2658) through #3 (0470) COMMISSIONER QUILLIN: A. stated that a party was attended with Commissioners Palmer and Martin and a plaque was received from the St. Armands Residents Association for the City's efforts in placing a statute of John Ringling in St. Armands Circle in honor of the 75th Anniversary of St. Armands Circle; that the dedication of the statue will be on May 25, 2001; that attendance will not be possible due to a trip to Pittsburgh, Pennsylvania; and passed the plaque to the Commission. B. stated that the Public Service Commission (PSC) will be holding a public hearing concerning the 941 area code in the City on May 23, 2001; that most meetings concerning the 941 area code have been attended; however, the May 23, 2001, PSC public hearing cannot be attended; that other Commissioners are urged to attend and speak to the desire to retain the 941 area code. Mayor Hogle stated that County Commissioner Shannon Staub requested the City Commission send a letter supporting the request to retain the 941 area code to the Sarasota Board of County Commissioners (BCC) ; that seeing the Commission's consensus, a letter supporting retention of the 941 area code will be sent to the BCC. C. stated that at the May 21, 2001, Sarasota/Manatee Metropolitan Planning Organization (MPO) meeting, a presentation regarding the 2012 Olympics was made by the United States Olympic Committee (USOC) i that the impact of holding the 2012 Olympics in the area would be significant; and distributed a brochure from the USOC. Mayor Hogle stated that holding the 2012 Olympics in Tampa, Florida, would be unbelievable for the City with the trickle-down effects of tourism and transportation additions. Commissioner Quillin stated that the possibility of transporting people to Tampa, Florida, by high speed boats and restricting vehicles in the Olympic complex was discussed; that 2012 is not far in the future in terms of government and bureaucracy. Commissioner Palmer stated that the USOC will examine the St. Petersburg, Tampa, and Orlando, Florida, areas on August 3 and 4, 2001; that the USOC will eventually limit the number of United States sites under consideration to four and will determine which BOOK 49 Page 21152 05/21/01 6:00 P.M. BOOK 49 Page 21153 05/21/01 6:00 P.M. city will represent the United States in 2002; that many cities worldwide are being considered; that the final decision will be made in 2005. Commissioner Quillin stated that Florida is the only state which has guaranteed financial support; that the opportunity is fantastic and should be supported. D. stated that the City has not had an Americans with Disabilities Act (ADA) Coordinator for years; that an ADA Coordinator is an individual who works with the public and developers, answers technical questions, and works at the State level; that an employee from the Risk Management Department should become the ADA Coordinator; that a Staff ADA Coordinator should be identified sO the City remains in compliance with the ADA to avoid lawsuits; and asked if the matter should be referred to the Administration for a recommendation? Commissioner Martin stated that the understanding was a Staff member would receive training to become an ADA Coordinator rather than the City's hiring a new full-time employee. Commissioner Quillin stated that is correct; that a member of the Risk Management Department should be designated as the ADA Coordinator. Commissioner Martin stated that typically someone in risk management becomes the ADA coordinator in other municipalities. Commissioner Quillin agreed. VICE MAYOR MASON: : A. stated that Jencie Davis and Betsy Kelley, who regularly attend Commission meetings, have not attended a meeting since the renovation of the Chambers; that thoughts are with them; that Ms. Davis and Ms. Kelly have health problems; that the hope is to - contact Ms. Davis prior to week end. B. stated that the Orange Avenue Street closure should be resolved by the end of the school year; and requested the Administration check with the School Board of Sarasota County and the Amaryllis Park Neighborhood Association as to a date a report will be returned to the Commission. City Manager Sollenberger stated that a report will be returned to the Commission. C. stated that a new bicycle was purchased for Mother's Day; that a significant number of overhanging trees were noticed while bicycling around the City; that overhanging foliage impedes bicyclists and pedestrians; that the Administration will be advised of locations in which foliage overhangs; that clearing the overhanging foliage is important if the City wishes to become pedestrian and bicycle friendly. D. stated that Sarasota News & Books has dedicated a section to the issue of Sarasota Openly Addresses Racism (SOAR) ; that many different books concerning racism are offered at a ten percent discount.. COMMISSIONER MARTIN: A. stated that Commissioner Quillin was recognized at the historic preservation week ceremonies for efforts concerning historic preservation in the community; and thanked Commissioner Quillin. B. stated that a recent trip to West Palm Beach and Delray, Florida, was a good experience and inspired confidence; that the trip offered an opportunity to mingle with City Staff, County planners, and local community leaders; that the discussions were informative; that some improvements may be implemented in the City; and thanked Gregory Horwedel, Director of Redevelopment and Development Services, and John Burg, Chief Planner, Planning Department, for organizing the trip and scheduling meetings. C. stated that a status report concerning Payne Park would be appreciated; that funds from the Local Options Sales Tax (L.0.S.T.) extension, also called the penny sales tax, will be significant in the near future; that residents still live in Payne Park; that the development of a skateboard park in the area was approved; that the plans are conflicting; that some legal and development issues may be present; that information concerning the status of development in Payne Park would be appreciated. BOOK 49 Page 21154 05/21/01 6:00 P.M. BOOK 49. Page 21155 05/21/01 6:00 P.M. City Manager Sollenberger stated that the status of Payne Park will be discussed during budget presentations; that the Commission can decide the action to take at that time; that options will be presented for discussion; that an attempt at developing a master plan for Payne Park was unsuccessful; that Duany Plater-Zyberk, Inc., returned a simpler plan which was of greater appeal to the community; that the Closure issues of the Sarasota Mobile Home Park should be resolved; that a plan should be finalized in the near future; that a report will be presented to the Commission. Commissioner Martin stated that is acceptable. Commissioner Quillin stated that new legislation concerns mobile home parks and the manner in which mobile home parks are closed, etc.; ; that the Sarasota Mobile Home Park has not been closed; and asked if all information will be presented at budget time? City Manager Sollenberger stated that options and implications will be presented during budget time sO the Commission can make decisions regarding budgetary allocations. Commissioner Quillin stated that the taxation of the Ed Smith Stadium should also be discussed. City Manager Sollenberger stated that a State Supreme Court decision reversed legislation passed a few years ago; that an amendment to the State Constitution will be necessary to resolve the issue of taxation of Ed Smith Stadium. City Attorney Taylor stated that taxation of Ed Smith Stadium will be raised as a budget item. City Manager Sollenberger stated that the Property Appraiser is conducting a survey as to the utilization of Ed Smith Stadium facilities to determine a basis for the property taxes. Commissioner Quillin asked if the taxation of Ed Smith Stadium will be discussed prior to budget time? City Manager Sollenberger stated that the timing of receipt of the taxable value of Ed Smith Stadium from the Property Appraiser is unknown. D. stated that City Manager SOllenberger's efforts concerning the consolidation issues are appreciated. COMMISSIONER PALMER: : A. stated that the death of Joan Auxier, Budget Fiscal Analyst, Sarasota Police Department (SPD), is regretted; that Ms. Auxier kept the department running smoothly; that Euneral services are May 24, 2001. Mayor Hogle stated that Ms. Auxier served as the SPD Budget Fiscal Analyst under four Police Chiefs; that two or three people will be necessary to replace Ms. Auxier who was a loyal and successful employee and will be missed. Commissioner Palmer stated that gratitude is extended to Ms. Auxier's family on behalf of the City; that a memorial resolution will be prepared. B. stated that the comments of Commissioner Martin concerning the West Palm Beach trip are supported; that an interesting conversation was held with a police officer in West Palm Beach concerning the city's noise ordinance; that the city bans noise after 9 p.m.. seven days a week; that the noise ordinance is violated if music 100 feet away impedes a conversation; that enforcement discretion is exercised; that a copy of the West Palm Beach noise ordinance was requested; that a decibel meter is not utilized; that the trip was excellent. C. stated that the hope is a recommendation for changes to the Commission rules of procedures may be received from the City Auditor and Clerk in the near future. D. stated that a written list of items referred to the Administration for a report to the Commission would be appreciated; that some reports are lost; that a status report concerning megahouses was requested at the time of election and has not been received; that recommendations concerning the regulations for the sale of City-owned land has not been returned; that a number of items have been referred back to the Administration. City Manager Sollenberger stated that a list will be provided. E. referred to a letter dated May 15, 2001, to the Mayor indicating the request for a resolution supporting an Environmental Impact Statement concerning the effects of phosphate mining on Central and Southwest Florida; that BOOK 49 Page 21156 05/21/01 6:00 P.M. BOOK 49 Page 21157 05/21/01 6:00 P.M. the letter was referred to the City Attorney's Office; that a formal resolution is requested; that the impact of phosphate mining on the Peace River and Charlotte Harbor is unknown. F. stated that a request was made at the May 21, 2001, MPO meeting to review the State scenic highway program and involve Venice and North Port. G. stated that a trip to the site which received a Housing Opportunities for People Everywhere (HOPE) -VI grant in Bradenton should be scheduled. Vice Mayor Mason stated that Bradenton is near; that the Commission can benefit from discussions with the Bradenton City Council regarding the Hope VI grant; that a trip to Bradenton should be scheduled. Commissioner Palmer stated that Bradenton received a significant HOPE VI grant; that viewing the result is desired. Commissioner Quillin stated that Bradenton can be requested to provide a presentation; that the results of a HOPE VI grant can be viewed in Tampa; that the understanding is the City may have to provide matching funding of $10 million which is surprising; that the City's Capital Improvement Program (CIP) with funding for certain infrastructure such as sidewalks, curbs, gutters, etc., was recently presented; that the HOPE VI grant is supported; however, more information, from Staff is necessary. Vice Mayor Mason stated that visiting Bradenton is supported; that Bradenton is beginning the process and can assist with resolving questions; that Bradenton is nearby. City Manager Sollenberger stated that over $7 million went into the Bradenton HOPE VI project; however, not all funds were for infrastructure; that Staff will return a report to the Commission; that a trip to Bradenton can be arranged. Commissioner Quillin stated that traveling to Bradenton is unnecessary. Vice Mayor Mason stated that seeing the area and the improvements made with the HOPE VI grant funds would be beneficial. Mayor Hogle stated that a visit to Bradenton is supported. MAYOR HOGLE: A. stated that recently three skateboard parks were visited, one in Sarnia, Canada, and one in Crown Point, Indiana, which provided significant information; that a skateboard park the size of Payne Park was visited in Indianapolis, Indiana; that the Season of Sculpture exhibit in Chicago, Illinois, was interesting and lively; that public safety efforts on the Chicago bayfront are a role model. Commissioner Quillin asked if the skateboard parks viewed were indoor or outdoor? Mayor Hogle stated that the skateboard parks visited were outdoor; that two were concrete and one was wood. Commissioner Quillin asked if the skateboard parks were public or private? Mayor Hogle stated that the skateboard parks were public. Commissioner Quillin stated that many public/private skateboard parks exist. Mayor Hogle stated that an effort is being made by a citizen to build a private skateboard park outside of the City limits. 13. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (0470) through (0488) CITY AUDITOR AND CLERK ROBINSON: : A. stated that the Charter Review Committee will hold a public hearing to receive citizens' input on May 24, 2001 at 6 p.m. in the City Commission Chambers; that the meeting will be televised on AccessSarasota Channel 19. BOOK 49 Page 21158 05/21/01 6:00 P.M. BOOK 49 Page 21159 05/21/01 6:00 P.M. 14. ADJOURN (AGENDA ITEM XII) #3 (0488) There being no further business, Mayor Hogle adjourned the Regular meeting of May 21, 2001, at 9:29 p.m. C O414 ALBERT F. HOGLE, MAYOR ATTEST: > 14 1 L Nr Rubenson BILLYEC ROBINSON, CITY AUDITOR AND CLERK