BOOK 43 Page 15851 01/05/98 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 5, 1998, AT 6:00 P.M. PRESENT : Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH, DECEMBER, 1997, JACKIE M. DAY, ADMINISTRATIVE ASSISTANT, INFORMATION SYSTEMS & TECHNOLOGY #1 (0040) through (0315) City Manager Sollenberger requested that Mary Scott, Director, and Jackie Day, Administrative Assistant, Information Systems and Technology (IST) Department, join him before the Commission. Ms. Scott stated that Jackie Day initiated the concept and prepares the monthly IST Newsletter for distribution throughout the City of Sarasota; that the newsletter highlights happenings in IST and provides tips, tricks, and advicé on various computer software packages; that Ms. Day tracks and bills back telecommunication charges to City departments; that Ms. Day has taken numerous classes on desktop applications and strives to transfer knowledge gained to all City employees through the help desk and the IST Newsletter; that Ms. Day's commitment to efficiency and professionalism has been an integral part of the success of the IST Department in the past and a benchmark for the future; that Ms. Day truly makes a difference in the City. Mayor Pillot presented Ms. Day with a City-logo watch, a plaque, and a certificate as the December 1997 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. Day expressed appreciation for the honor and recognized her mother, Elizabeth Clay, who was seated in the audience. 2. PRESENTATION RE : RETIREMENT AWARD TO FLORINE BLAKE WHO IS RETIRING FROM THE BUILDING DEPARTMENT AFTER 17 YEARS #1 (0170) through (0315) City Manager Sollenberger requested that Timothy Litchet, Manager of Building, Zoning and Code Enforcement, and Florine Blake, Building Technician I, join him before the Commission. Mr. Litchet stated that Ms. Blake has concluded her employment with the City of Sarasota after 17 years; that numerous compliments have been received from the public regarding Ms. Blake's excellent customer service; that Ms. Blake chaired the Employee Appreciation Committee and served as a City Team Leader for United Way campaigns. Mr. Litchet thanked Ms. Blake for all her efforts and congratulated her on her retirement. City Manager Sollenberger stated that Ms. Blake's presence, which provided a great deal of leadership in scheduling Employee Appreciation activities, will be missed. Mayor Pillot read the Retirement Award in its entirety and presented Ms. Blake with a plaque. Ms. Blake stated that she will miss working at the City of Sarasota; that her employment has been thoroughly enjoyed. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 98R-1036, RECOGNIZING THE PASSING OF JOHN S. BARDSLEY, FORMER MEMBER OF THE CITIZENS WITH DISABILITIES ADVISORY BOARD; ETC. ADOPTED #1 (0315) through (0570) Mayor Pillot stated that Memorial Resolution No. 98R-1936 recognizes the December 24, 1997, passing of John Bardsley, an outstanding citizen who was a tireless advocate of the disabled in the community, serving on the Steering Committee and acting as coach of the bowling team, chaperon, and office volunteer for the Special Olympics; volunteering for organizations such as AIDS Manasota, Inc., the local chapter of the Brain Injury Association of Florida, and the Advocacy and Support Group for Mobility for Impaired Citizens; and serving on the City of Sarasota Citizens with Disabilities Advisory Board, the Residents' Council for Orchard Place of Sarasota, and the Board of Directors for the Suncoast Center for Independent Living. Mayor Pillot read Memorial Resolution No. 98R-1036 in its entirety. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to adopt Memorial Resolution No. 98R- 1036. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried BOOK 43 Page 15852 01/05/98 6:00 P.M. BOOK 43 Page 15853 01/05/98 6:00 P.M. unanimously (5 to 0): Cardamone, yesi Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot invited comments from Mr. Bardsley's colleagues and friends. Pamela Dorwarth, Chairman, Citizens with Disabilities Advisory Board, came forward and read the following: John Bardsley, we called him our quiet thunder and our beloved friend, who like all his disabled peers dreamed of a health that might do greater things but was given an infirmity sO that he could do better things. An inspiration and a life worth many words of praise and recognition, he tried sO hard to be accepted and touched more lives than he ever realized. The words "one passes through the world but once sO any good therefore I can do or any kindness that I can show any human being let me do it now and not neglect for I shall not pass this way again" were profoundly John's. Towards his contributions to his community and the many special organizations, we appreciate this memorial resolution. Mayor Pillot presented Mr. Bardsley's sister, Carol Mattison, with a plaque of the memorial resolution. Ms. Mattison stated that the memorial resolution honoring of her brother's contributions to the community is appreciated. Ms. Lou Piotrowski, Coordinator, Sarasota County Special Olympics, came forward and stated that Special Olympics is a sports training program for people with mental retardation; that 400 athletes participate in 20 sports offered at 40 venues throughout Sarasota County; that the Special Olympic athletes may be slower to learn but are not unable or unwilling to learn and achieve; that Mr. Bardsley's contributions to the Special Olympics were outstanding; that being challenged did not stop John from succeeding in attempted endeavors; that he was a friend and is missed. The Commission recessed at 6:20 p.m. into a special session of the Community Redevelopment Agency and reconvened at 6:28 p.m. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0570) through (0600) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. VII A-2, concerning the Amendment to the Temporary Parking Agreement between the City of Sarasota and Water Club II, for parking in Ken Thompson Park, per the request of City Manager Sollenberger. City Auditor and Clerk Robinson stated that the January 5, 1998, regular City Commission meeting will be adjourned to January 6, 1998, at 2 p.m.i that the change affects the items scheduled for consideration at the adjourned meeting. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. APPROVAL OF MINUTES RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 3, 1997, AND REGULAR SARASOTA CITY COMMISSION MEETING OF DEÇEMBER 15, 1997 - APPROVED AS REVISED (AGENDA ITEM I) #1 (0603) through (0651) Mayor Pillot asked if the Commission had any changes to the minutes. Commissioner Cardamone referred to draft page 67 of the December 15, 1997, regular City Commission meeting; and stated that reference to an expenditure of $186,000 should read $390,000; that her statements should be revised as follows: however, the City annually expends $390,000 for street sweeping, policing, etc., on Dr. MLK Way from U.S. 301 to U.S. 41 Mayor Pillot stated that hearing no changes, the minutes of the City Commission special meeting of December 3, 1997, and regular meeting of December 15, 1997, as revised, are approved by unanimous consent. 6. BOARD ACTIONS: REPORT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF DECEMBER 3, 1997, WORKSHOPS OF DECEMBER 9 AND 16, 1997, AND SPECIAL MEETING OF DECEMBER 18, 1997 RECEIVED; CONTINUED PETITION NOS. 98-SE-01 AND 97-SE-15; SET PETITION NOS. 98-SV-01 AND 98-SE-01 FOR PUBLIC HEARING SIMULTANEOUSLYI SET PETITION NOS. 97-CO-16, 97-PSD-27, AND 97-SE-15 FOR PUBLIC HEARING (AGENDA ITEM II) #1 (0651) through (1100) Jane Robinson, Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. BOOK 43 Page 15854 01/05/98 6:00 P.M. BOOK 43 Page 15855 01/05/98 6:00 P.M. Mr. Lindsay presented the following items from the Planning Board/Local Planning Agency's December 1997 meetings: Status report on the Comprehensive Plan Update Mr. Lindsay stated that the PBLP held two workshops on the Comprehensive Plan Update and received substantial, beneficial input through citizen participation; that the PBLP will be meeting at least four times monthly through the spring. Proposed Ordinance No. 98-4036 Transportation Concurrency Regulations Mr. Lindsay stated that the PBLP viewed the 2 percent standard as excessive, creating additional expense with little benefit, supported reinstating the 4.5 percent standard as determinative of the transportation concurrency study area, and found proposed Ordinance No. 98-4036 consistent with the Sarasota City Plan. Petition Nos. 98-SV-01 and 98-SE-01 Mr. Lindsay stated that Petition No. 98-SE-01 is a request for a special exception to permit an automotive service station and accessory fuel pumps in the North Trail (NT) Zone District; that construction of a new convenience store and modification to existing fuel pumps at property located at the northeast corner of North Tamiami Trail and 10th Street is planned; that Petition No. 98-SV-01 is a request to vacate and relocate the alley which runs north and south between Oregon Court and North Tamiami Trail; that considerable discussion was held regarding potential measures to mitigate concerns of residents with security, noise, and congregation of crowds; that the petitioner was cooperative and agreed to incorporate fencing and a lighting plan in accordance with Crime Prevention Through Environmental Design (CPTED) standards and to restrict access of service vehicles to the west side of the property; that the PBLP found Petition No. 98-SE-01 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception; that the PBLP found Petition No. 98-SV-01 not to be a detriment to the best interests of the public provided the alley is relocated and recommended Commission approval subject to six conditions outlined in the minutes of the PBLP regular meeting of December 3, 1997. Petition Nos. 97-CO-16, 97-SE-15, and 97-PSD-27 Mr. Lindsay stated that Petition No. 97-CO-16 is a request to conditionally rezone the property located at 1201, 1301, and 1325 North Tamiami Trail to the Residential, Multiple Family (RMF-5) Zone District; that Petition No. 97-SE-15 is a request to permit All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 7. PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 97-4022, AMENDING CHAPTER 2, SARASOTA CITY CODE RELATING TO NUISANCE ABATEMENT; : SETTING A MAXIMUM AMOUNT FOR THE IMPOSITION OF CIVIL FINES; : ALLOWING FOR THE RECOVERY OF REASONABLE ATTORNEY FEES; CLARIFYING THE JURISDICTION OF THE NUISANCE ABATEMENT BOARD; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING; : REQUESTED NUISANCE ABATEMENT BOARD REPORT (AGENDA ITEM III-1) #1 (1142) through (1382) City Attorney Taylor stated that on October 1, 1997, the Florida Legislature authorized local governments to impose fines not to exceed $250 per day, or $500 per day for recurring violations, up to a maximum of $5,000 and to levy against the property the cost of reasonable attorney fees associated with investigations of and hearings on a nuisance abatement matter; that proposed Ordinance No. 98-4022 amends the City Code to conform to State law pertaining to the operations of nuisance abatement boards and to clarify the predicates establishing a nuisance must occur within a six-month period. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4022 on first reading. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 97-4022 by title only. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 97-4022 on first reading. Commissioner Cardamone stated that the Nuisance Abatement Board is an important tool and is viewed as an asset to the City; that additional strengthening of the State law and an expansion of the list qualifying properties as a nuisance would be welcomed. Commissioner Patterson requested a status report regarding the accomplishments of the Nuisance Abatement Board. City Manager Sollenberger stated that a report from the Nuisance Abatement Board will be scheduled. BOOK 43 Page 15858 01/05/98 6:00 P.M. BOOK 43 Page 15859 01/05/98 6:00 P.M. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4032, TO APPROVE PETITION NO. 97-CO-13 TO CONDITIONALLY REZONE FROM SARASOTA COUNTY CI ZONE DISTRICT TO CITY OF SARASOTA CI ZONE DISTRICT, AND TO APPROVE PRELIMINARY SITE AND DEVELOPMENT PLAN 97-PSD-22 TO PERMIT AN AUTOMOBILE DEALERSHIP PARKING LOT IN A CI ZONE DISTRICT ON PROPERTY LOCATED ON THE SOUTH SIDE OF BEE RIDGE ROAD BETWEEN SOUTH SCHOOL AVENUE AND DEARBORN AVENUE, WITH A STREET ADDRESS OF 2124 BEE RIDGE ROAD, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM III-2) #1 (1392) through (1637) Jane Robinson, Director of Planning and Development, came before the Commission, displayed a Zoning/Subdivision Map on the overhead projector, and stated that proposed Ordinance No. 98-4032 rezones property located at 2124 Bee Ridge Road from Residential, Multiple Family (RMF-2) to Commercial Intensive (CI) Zone District; that the subject property was annexed into the City on September 8, 1995; that a Comprehensive Plan amendment was subsequently processed; that the rezoning finalizes the annexation process for the Coast Cdillac/oivo-itintt automobile dealership; that the adjacent property was previously annexed and rezoned to the CI Zone District; that the PBLP found Petition Nos. 97-CO-13 and 97-PSD-22 consistent with the Sarasota City Plan and the Tree Protection Ordinance subject to the following two conditions and recommended Commission approval: 1. A final landscape plan, prepared by a licensed landscape architect, being submitted prior to the issuance of a building permit 2. The replacement for 3-inch DBH oak trees be certified by the landscape architect as meeting the Florida No. 1 or better standards as referenced under Grades and Standards for Nursery Plants Ms. Robinson stated that the ordinance as drafted references a rezoning from the CI to CI Zone District, which is a scriveners error, will be corrected to accurately reflect a rezoning from the RMF-2 to CI Zone District. Mayor Pillot opened the public hearing. City Auditor and Clerk Robinson stated that no one has signed up to speak; however, the petitioner should be given the opportunity to address the Commission. Vance Dickenson, General Manager, and Les Craft, Construction Manager, Suncoast Autobuilders, Inc. representing the petitioner, Coast Cadillac/Volvo-Infiniti, came before the Commission to respond to questions. Commissioner Cardamone asked if the petitioner has addressed the concerns expressed by neighbors regarding the retention pond and wrecked vehicles being stored on the property. Mr. Dickenson stated yes; that the size of the retention pond will be increased; however, intensive landscaping along the perimeters of the retention pond is planned. Commissioner Cardamone stated that the lack of speakers signed up for the public hearing indicates the neighbors' concerns have been adequately addressed. Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson entered the following documents into the record: City of Sarasota Zoning Code Sarasota City Code City of Sarasota Comprehensive Plan (Sarasota City Plan) Engineering Design Criteria Manual Standard Building Code (1994 Edition) with Appendices A,D,F,H,J & M and City of Sarasota local amendments All documents made part of the record at the PBLP meeting of November 5, 1997, as well as the minutes of that meeting Site and Development Plan and application for conditional rezoning submitted by the petitioner City Auditor and Clerk Robinson read proposed Ordinance No. 98-4032 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4032 on first reading. On motion of Vice Mayor Dupree and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 98-4032 on first reading. BOOK 43 Page 15860 01/05/98 6:00 P.M. BOOK 43 Page 15861 01/05/98 6:00 P.M. Commissioner Merrill asked if the standards being developed for retention ponds will be brought to the Commission in the near future? City Manager Sollenberger stated that standards for retention ponds are being developed in conjunction with the Land Development Regulations (LDRs) Update; and requested Staff comment. Timothy Litchet, Manager of Building, Zoning and Code Enforcement, came bef fore the Commission. Commissioner Merrill asked if the retention pond for the subject property would meet the standards being developed for retention ponds? Mr. Litchet stated yes; that the new standards will primarily increase the landscaping requirements for retention ponds; that the landscaping proposed by the petitioner would exceed the proposed new standards. Commissioner Merrill stated that the landscaping plan includes a chain link fence; and asked if type of fencing is addressed in the new standards? Mr. Litchet stated that the new standards will be reviewed and a response forwarded to the Commission. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4033, AMENDING ORDINANCE NO. 97-3516 BY THE SUBSTITUTION OF DEVELOPMENT PLAN PETITION 97-DPR-17 TO PERMIT CONVERSION OF AN EXISTING MOTEL TO ADDITIONAL USES PERMITTED IN THE TAD ZONE DISTRICT IN LIEU OF THE PREVIOUSLY APPROVED DEVELOPMENT PLAN: APPROVING DEVELOPMENT PLAN 97-DPR-17 PERTAINING TO THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF NORTH TAMIAMI TRAIL AND FOURTH STREET IN A TAD ZONE DISTRICT WITH A STREET ADDRESS OF 400 NORTH TAMIAMI TRAILL MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS REPEALING ORDINANCES IN CONFLICT ETC. (TITLE ONLY) CONTINUED PUBLIC HEARING TO JANUARY 20, 1998; DIRECTED ADMINISTRATION TO DESIGNATE STAFF TO WORK WITH PETITIONER AND DEVELOP A LIST OF USES RECOMMENDED FOR EXCLUSION (AGENDA ITEM III-3) #1 (1637) through #2 (0251) Jane Robinson, Director of Planning and Development, came before the Commission and stated that proposed Ordinance No. 98-4033 modifies a previously approved conditional rezoning ordinance to allow additional uses on the Normandy Motel site; that the revised development plan would allow the existing 12 units at the motel to be converted to commercial uses permitted in the Theater and Arts District (TAD) Zone District; that the Planning Board/Local Planning Agency (PBLP) found Petition Nos. 97-CO-15 and 97-DPR-17 consistent with the Sarasota City Plan and Tree Protection Ordinance and recommended Commission approval. Commissioner Cardamone asked for a listing of the uses permitted in the TAD Zone District. Ms. Robinson stated that the petitioner plans to convert four units into a produce market during the first phase of the conversion; and referenced the following from the Zoning Code: Section 8-248. Permitted principal uses and structures (a) Single-family and two-family dwellings (b) Multiple-family dwellings. (c) Theaters (d) Adult congregate living facilities and adult care homes. (e) Hotels and motels (f) Professional and business offices. (g) Arts and crafts establishments manufacturing goods for retail sale only on the premises. (h) Retail outlets for sale of: antiques; food, wearing apparel; toys; sundries and notions; books and stationary; leather goods; lighting and lighting accessories (interior and exterior) i luggage; jewelry (including watch repair) i camera and photographic supplies (including camera repairs); florists; gift shops; drugs; and arts and crafts. Retail outlets permitted by this paragraph shall not be open for business between the hours of 12:00 midnight and 6:00 a.m. (i) Restaurants, bakeshops (but not wholesale bakeries) and delicatessens (j) Service establishments such as barber or beauty shops; shoe repair shops; restaurants (but not drive-in restaurants) i duplication or copying services; interior decorators; dance or music studios; tailors or dressmakers BOOK 43 Page 15862 01/05/98 6:00 P.M. BOOK 43 Page 15863 01/05/98 6:00 P.M. (k) Studios or work places for artists, designers, craftsmen, photographers, musicians, sculptors, gymnasts, potters, glass blowers, weavers, silversmiths and designers of ornamental and precious jewelry (1) Art galleries. (m) Child care centers (n) Bed and breakfast inns (o) Open-air dining facilities on private property in connection with restaurants Section 8-251. Special Exceptions (a) Outdoor sale and display of goods, based on performance standards relative to hedges and times, etc. (b) Commercial parking lots and garages (c) Bars and taverns for on premises consumption of alcoholic beverages. (e) Open-air dining facilities on private property in connection with restaurants when said property abuts or is across an intervening street or alley from residentially zoned property provided that: (3) No amplified music or amplified entertainment shall be permitted. Commissioner Patterson stated that the list of uses permitted in the TAD Zone District should have been provided in the Agenda material. Commissioner Cardamone stated that produce markets were not cited as a permitted use in the TAD Zone District. Ms. Robinson stated that a produce market is eligible under retail sale for food. Vice Mayor Dupree stated that page 10 of the Staff report references the petitioner's request for commercial use possibly to include a restaurant or food service facility of less than 3,000 square feet in an area with open dining; and asked if the site has adequate parking to support a 3,000 square-foot facility? Ms. Robinson stated that a site plan for the existing motel and open-air facilities was previously approved; that parking standards are not applied to floor area of less than 3,000 square feet. Commissioner Patterson asked if on-street parking is available in the vicinity of the subject site? Ms. Robinson stated yes. Vice Mayor Dupree asked if the permitted uses are listed in the ordinance? Ms. Robinson stated no; that the proposed ordinance references conversion to commercial uses as permitted in the TAD Zone District; that the permitted uses are not specifically listed. Commissioner Cardamone asked the gross square footage of the motel? Ms. Robinson stated that the question should be deferred to the petitioner. Ronald Annis, agent representing 400 North Trail, Inc., and John Nugent, owner of the Normandy Motel, came before the Commission. Mr. Annis stated that the petitioner is attempting to develop an economically viable use for the property; that the motel use is no longer viable; that the owner could not obtain the financing necessary to proceed with the previously approved site and development plan which provide for food service in conjunction with the motel; therefore, a concept to convert the motel to commercial uses has been developed; that the commercial uses permitted in the TAD Zone District are limited; that the subject property fronts on North Tamiami Trail; that allowing a broad range of uses seems reasonable and would alleviate the need for future modifications to the rezoning ordinance if the proposed project changes; that property to the north of the subject site is zoned Commercial, Neighborhood (CN) ; that the property to the south is zoned TAD and Commercial, General (CG); that properties to the west are zoned Commercial, Central Business District (C- CBD); that the proposal is consistent with the Sarasota City Plan; that maintaining the economic viability of the subject site will best preserve the value of neighboring properties. Mr. Annis continued that the gross square footage of the existing motel is 3,648 square feet; that the proposed restaurant/food service would be located in the existing building; that the floor area for the restaurant/food service would be less than 3,000 square feet; that the remaining floor area would be dedicated to uses such as a produce market; that the parking standards require more spaces for a motel than for retail uses. Commissioner Cardamone stated that she understood 3,000 square feet would be dedicated for a produce market and the remaining square footage dedicated for other uses permitted in the TAD Zone District; that a problem with parking is envisioned; that existing problems with parking on site is evident. BOOK 43 Page 15864 01/05/98 6:00 P.M. BOOK 43 Page 15865 01/05/98 6:00 P.M. Ms. Annis stated that approximately 470 square feet have been allocated for the produce market; that one space per 350 square feet of non-storage floor area is required for retail sales uses in the TAD Zone District; that the initial 3,000 square feet are exempt from parking requirements; that the site would require 8.3 parking spaces if the 3,648 square feet is developed as commercial; that the revised development plan includes 14 parking spaces in addition to the de facto parking along the adjacent alley. Commissioner Patterson stated that the TAD Zone District seems to permit what is being proposed but a fruit stand is not viewed as an extremely profitable business; and requested clarification of the owner's vision of the project. Mr. Nugent stated that the intent is to convert the property and provide commercial rental space; that surrounding properties receive $13 per square foot; that the intent is to develop a viable business which will enable him to receive $20 per square foot. Commissioner Patterson asked if leasing space from which fruits and vegetables could be marketed is the intent? Mr. Nugent stated that the intent is to lease the space; that four 120-square-foot units would be dedicated to the produce market; that the floor area of one unit would be utilized as a counter area, another unit for storage, and two units for the display area. Commissioner Patterson asked if an entrepreneur has requested space in which to operate a produce market? Mr. Nugent stated no; that the existing motel use is no longer viable; that the proposed uses are available in the TAD Zone District. Commissioner Patterson stated that the space. may not actually be used as a produce market but for a use desired by a particular entrepreneur. Mr. Nugent stated that is correct. Commissioner Patterson asked the basis on which the concept for a produce market was developed? Mr. Nugent stated that a successful produce business was previously operated at the site 1801 Main Street where Michael Saunders & Company is currently located; that consumers were willing to pay increased costs for fresh produce grown without pesticides; that the concept was envisioned when the Granary was a successful operation; that the value of developing and leasing his property for commercial uses was realized after the renovation of the property where Nello's is currently located. Commissioner Cardamone asked if demolishing the motel and selling the valuable land has been considered? Mr. Nugent stated yes; however, the financial analysis does not justify proceeding in such a manner. Commissioner Cardamone stated that she has concerns with the proposal. Mr. Nugent stated that special consideration is not being requested; that the proposal is consistent with City Codes Commissioner Cardamone stated that the Zoning Code appears to provide for the use requested; however, the potential for development of a flea market, which is not viewed as an appropriate use of property fronting North Tamiami Trail or in the TAD Zone District, makes her uncomfortable. Commissioner Patterson asked if the phrase "retail sale of food" would be interpreted as allowing the proposed produce market? Timothy Litchet, Manager of Building, Zoning and Code Enforcement, came before the Commission and stated yes. Commissioner Cardamone stated that motels which are no longer viable for room rental are often converted to flea markets with venders operating "stalls" in each of the motel rooms; and asked if such a use would be allowed in the TAD Zone District? Mr. Litchet stated that particular sections of the Zoning Code address used goods and second-hand goods; that the TAD Zone District allows retail outlets for the sale of certain goods but does not specifically reference used goods and second-hand goods; therefore, the provision has been interpreted as referring to new goods or traditional antiques which have been refinished, refurbished, etc.; that a flea market would not be considered a permitted use in the TAD Zone District; that additionally, substantial changes to site plans approved in conjunction with a rezoning ordinance are brought back to the Commission for approval; that the floor plans submitted by the petitioner do not provide for "stalls" or booths; that changes requested to provide for development of a flea market would be considered contrary to the concept being advanced under Petition No. 97-DPR-17 and thus a substantial change. Commissioner Cardamone asked if the four units allocated for the produce market are planned as one large space or four individual units? BOOK 43 Page 15866 01/05/98 6:00 P.M. BOOK 43 Page 15867 01/05/98 6:00 P.M. Mr. Litchet displayed on the overhead projector Floor Plans Phase I, Renovation for Adaptive Reuse of 400 North Tamiami Trail, which depicted three units for sales, one unit for storage, and seven units not designated. Commissioner Cardamone stated that the potential exists for the seven units to become small booths. Mr. Litchet stated that is correct. Commissioner Patterson asked if the structure will remain roofed with a similar facade? Mr. Annis stated that the floor area will remain under roof within the confines of the existing walls; that the incorporation of larger-sized windows along North Tamiami Trail is planned. Commissioner Patterson asked if regulations applicable to outdoor sales exist which could be used to control the appearance of the property? Mr. Litchet stated yes; that outdoor sale and display of goods is permitted in the TAD Zone District by special exception, which the petitioner has not obtained; however, the petitioner has been granted a special exception for open-air dining. City Attorney Taylor stated that the Commission could attempt to reach an agreement with the petitioner regarding uses which the Commission deems undesirable. Commissioner Cardamone stated that the public hearing should be continued, which would provide the Commission an opportunity to contemplate undesirable uses. Mayor Pillot stated that providing an opportunity for the petitioner to meet with the Administration regarding potential proffers would be appropriate. Mayor Pillot opened the public hearing. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to continue the public hearing on proposed Ordinance No. 98-4033 until the January 20, 1998, regular City Commission meeting and to direct the Administration to develop recommendations as to uses which would not be desirable at the subject site and to work with the petitioner. Mr. Annis stated that a broader range of uses than those permitted in the TAD Zone District are allowed on properties to the west and to the north of the subject site; that the petitioner is attempting to eliminate the need to reprocess an application if the proposed concept changes, flexibility which is afforded to other properties in the immediate vicinity; and asked if the Commission has concerns with uses other than a flea market? Commissioner Cardamone stated that a flea market is not desirable; however, time to review the uses permitted in the TAD District is necessary before determining if other uses would also be undesirable; that the subject site is highly visible and in an area of the City being redeveloped; that renovation of the Normandy Motel should be compatible with the proposed developments planned. Mr. Nugent asked if the Commission will treat him differently than other property owners? Commissioner Patterson stated no; that the Commission should not treat Mr. Nugent any differently than other property owners in the area; that a charming produce market would provide an attraction to people who live in and visit the area; however, the sale of party favors in one unit, tomatoes in another unit, and unrelated goods in the remaining units would create an atmosphere resembling that of a flea market; that a proposed theme for uses would be easier to support; that Mr. Nugent has always maintained the existing property in an attractive fashion and would probably do the same after a renovation; however, the property may be marketed after the income is maximized by renting various "stalls"; that the next owner may not have the pride of ownership Mr. Nugent has shown. Mr. Nugent stated that rezonings are a quasi-judicial process; that the Commission cannot prevent a proposed development which is consistent with the City's Codes. Commissioner Patterson stated that her comments are made in response to City Attorney Taylor's suggestion of attempting to reach a compromise. Mr. Annis stated that a flea market has not been discussed by the petitioner as a proposed use; that practical problems, e.g., transition with grade and handicapped accessibility would make conversion of the motel into a flea market unlikely; and suggested that specifically prohibiting the use be discussed by the Commission and the petitioner if a flea market is the only issue of contention. Mayor Pillot stated that the Commission is not prepared to discuss specific details at this time; that the intent is for the petitioner and the Administration to develop over the next two weeks a specific proposal which meets concerns of the Commission; that additional time is necessary for him to determine if any uses are undesirable. BOOK 43 Page 15868 01/05/98 6:00 P.M. BOOK 43 Page 15869 01/05/98 6:00 P.M. Commissioner Merrill stated that he has some concerns with the history of the property and the type of uses which may tend to flow from it, e.g., the sale of party favors in one unit and lingerie in an adjacent unit; that the streets in the vicinity of the subject site are some of the most congested in the City; and asked if the driveway access proposed is good or bad for traffic flow? Mr. Daughters stated that the volume of traffic estimated based on the proposed use will not have a significant impact on the adjacent roadways; that a generation of 15 vehicle trips per hour (vph) was estimated using the criteria for specialty retail shops; that further consideration would be necessary for uses other than specialty retail shops; that interior renovation of an existing building is proposed; therefore, the Engineering Department did not comment on the five existing parking spaces which back out onto Fourth Street, which is no longer allowed, nor reviewed the detail of the on-site parking lot layout. Commissioner Merrill stated that a nonconforming condition exists for a motel use, which is a lower intensity of use than the commercial uses being requested; that the area is congested; that the intensity of use should not be increased without considering transportation concurrency or potential difficulties created by 15 vph exiting the property and blocking turning movements. Mr. Daughters stated that the issues can be reviewed; that a portion of the 15 vph would be accessing the subject site through Fourth Street and the adjacent alley; that all the vehicles would not be utilizing the driveway to access the parking spaces. Commissioner Merrill stated that the actual parking needs for specialty retail shops may be greater than, e.g., art galleries, a typical use envisioned in the TAD Zone District; that the Zoning Code may require only one parking space per 350 square feet; however, the actual areas where vehicles will park should be reviewed. Mr. Daughters stated that the issue will be reviewed with the Building Department. Mr. Annis stated that the parking requirements set forth in the Zoning Code are the review criteria; that consideration of where the vehicles may actually park is not germane to the Commission's consideration of the rezoning petition. Commissioner Merrill stated that criteria based on actual conditions has been requested to prevent him from making a faulty decision. Mr. Annis stated that criteria viewed as inappropriate should be addressed during the LDRs Update; that the proposed project needs to be reviewed and evaluated based on the existing, specific, established criteria which is currently law and not on what the Commission may think the law should be. Commissioner Cardamone asked if the estimated trip generation of 15 vph would change if eight or nine different shops are operated on site? Mr. Daughters stated that the 15 vph was estimated based on 3,648 square feet of specialty retail area. Commissioner Cardamone stated that the proposal should be evaluated as one project; that the intent is not to make the process difficult for Mr. Nugent; that the result derived through discussions over the next two weeks will be more beneficial to the owner and to the City than the result derived from a piece meal approach attempted tonight. Mr. Nugent stated that he did not imply the Commission was making the process difficult for him but asked if he would be treated differently than other property owners. Commissioner Cardamone stated that a permission is being requested from the Commission to proceed with a project for which the subject site is not properly zoned; that the Commission is attempting to regulate what will be best for the property and the City. Mr. Nugent stated that the petitions were unanimously approved by the PBLP. Mayor Pillot called for a vote on the motion to continue the public hearing on Ordinance No. 98-4033 until the January 20, 1998, regular Commission meeting and to direct the Administration to designate Staff to work with the petitioner in the interim. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4036, AMENDING ARTICLE V, DIVISIONS 6 & 7 OF THE ZONING CODE PERTAINING TO CERTIFICATES OF CONCURRENCY AND DEVELOPMENT AGREEMENTS REVISING THE DEFINITION OF DEVELOPMENT DEEMED TO HAVE A DE MINIMIS IMPACT AS TO TRANSPORTATIONI AMENDING THE METHODOLOGY FOR CALCULATING PROJECTED DEMAND FOR CERTIFICATES OF CONCURRENCY FOR TRANSPORTATION. AS MORE PARTICULARLY SET FORTH HEREIN; REVISING THE MAXIMUM PERMISSIBLE TERM FOR DEVELOPMENT AGREEMENTS MAKING FINDINGS AS TO NEED; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM III-4) BOOK 43 Page 15870 01/05/98 6:00 P.M. BOOK 43 Page 15871 01/05/98 6:00 P.M. #1 (0251) through (0907) Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Daughters stated that proposed Ordinance No. 98-4036 amends the transportation concurrency regulations, changing the 2 percent standard to 4.5 percent, adopting the State standards set forth for development deemed to have a de minimis impact, and extending the term for development agreements. Mr. Daughters continued that the original regulations adopted in September 1989 defined the transportation concurrency study area as roadways impacted by the project at 4.5 percent of level of service (LOS) D capacity; that the regulations amended in December of 1991 imposed a more restrictive standard of 2 percent of LOS D; however, the 2 percent standard was never used by the Engineering Department; that continuing experience with new projects confirmed the appropriateness of the 4.5 percent standard, and the operating manual used to guide the review for issuance of transportation concurrency certificates was never updated; that the 2 percent standard is viewed as unrealistically restrictive; that the 4.5 percent standard, which has been used consistently since 1989, adequately protects the interests of the City in making determinations on transportation concurrency. Mr. Mohammed gave a computer-generated slide presentation explaining the study procedures followed in determining transportation concurrency and comparing the study areas generated by a 4.5 versus 2 percent standard. Mr. Mohammed stated that the number of trips generated by a particular development during the p.m. peak hour, 4 p.m. to 6 p.m., are determined using the Institute of Engineers (ITE) Trip Generation Manual; that no further study is conducted if the trips generated during the peak hour are less than ten; that a minor study, evaluating only the streets to which the project driveways connect, is required if the trips generated are greater than ten but less than 50; that a major study, incorporating the entire roadway network in the vicinity of the development, is required if the trips generated are greater than 50; and explained the following procedure followed for a major study: Define study area Analyze existing LOS Determine number of trips generated during the p.m. peak hour Determine trip distribution characteristics Assign new trips plus back ground traffic to the roadways in the study area Determine LOS of the roadways in the study area after development Develop mitigation strategies if LOS falls below adopted standard Mr. Mohammed explained the following procedure followed to define the study area: Determine number of trips generated during the p.m. peak hour Distribute the trips to roadway network in the vicinity of the development Track the number of trips on each roadway until a point is reached where the new trips from the development are less than 4.5 percent of the LOS D (161 vph) volume of the impacted roadway Mr. Mohammed referred to and explained the following transportation concurrency standards of neighboring jurisdictions: City of Sarasota 4.5 percent LOS D 161 vph Sarasota County 5.0 percent LOS C 166 vph Manatee County 1.0 percent LOS C 33 vph City of Venice 4.5 percent LOS D 161 vph City of North Port 5.0 percent LOS C 166 vph City of Bradenton 1.0 percent LOS C 33 vph City of Naples No policy Charlotte County Within 5 mile radius Mr. Mohammed stated that the 1.0 percent standard utilized by Manatee County is surprising; however, Manatee County does not have a large roadway network; that Charlotte County reviews selected roadway segments within a five-mile radius of large developments and requires a traffic study of the major intersections which may be impacted; that Charlotte County does not review potential impacts of smaller developments. Commissioner Patterson asked if the standards are applied similarly in other jurisdictions? Mr. Mohammed stated yes; that the ITE Trip Generation Manual is utilized throughout the nation. Commissioner Cardamone asked if a standard higher than 4.5 percent could be applied to the Downtown area? BOOK 43 Page 15872 01/05/98 6:00 P.M. BOOK 43 Page 15873 01/05/98 6:00 P.M. Mr. Daughters stated that a proposal specific to the Downtown area will be presented at the adjourned meeting on January 6, 1998. Commissioner Merrill requested clarification on the relevance of the LOS; and asked if the City's standard could be made consistent with the County's standard to provide for uniform application by planners? Mr. Mohammed stated that the adopted LOS in Sarasota County is LOS C; that the adopted LOS in the City of Sarasota is LOS D; that the difference in percentage standards does not present a problem for planners and engineers; that the 4.5 percent standard was recommended by the City's consultant when the concurrency management regulations were originally adopted. Mr. Daughters stated that the impact is based on a percentage of the adopted LOS; that the threshold would increase to approximately 176 vph if a 5 percent standard were applied in the City. Commissioner Patterson stated that the 161 vph are not all on one roadway. Mr. Mohammed stated that is correct. Mr. Daughters stated that a development may generate 400 vph, 200 of which travel in one direction and 200 of which travel in another direction; that the study area is expanded until the 161 vph threshold is met in all directions. Commissioner Patterson stated that three to four projects proposed for development could affect the same roadways; that she has some unease with the City's applying the 4.5 percent standard individually to projects and allowing traffic to increase without expecting the developer or jurisdiction to make any transportation improvements; that the PBLP was provided with an example of impacts on Siesta Drive; and requested a similar example for Ringling Boulevard be prepared and presented to the Commission between first and second readings of the ordinance. Mr. Mohammed stated that the example for Siesta Drive was prepared in response to the State mandate requiring application of a 1 percent standard in determining de minimis impact; and cited the following from the proposed ordinance: No impact will be de minimis if it would exceed the adopted level of service standard for any affected designated hurricane evacuation routes. Commissioner Patterson stated that Mr. Mohammed reported the following to the PBLP regarding Siesta Drive: additional height in the RMF-5 Zone District; that Petition No. 97-PSD-27 is the preliminary site and development plan for the proposed retirement development; that the petitioner is proposing two residential towers with a maximum height of 140 feet; that the PBLP found Petition Nos. 97-CO-16 and 97-PSD-27 consistent with the Sarasota City Plan and the Tree Protection Ordinance subject to various conditions outlined in the minutes of the PBLP regular meeting of December 3, 1997, and recommends Commission approval; that the PBLP found Petition No. 97-SE-15 consistent with the Sarasota City Plan and recommended Commission affirmation of the PBLP resolution approving the special exception conditioned on the site plan presented and subject to a maximum height of 140 feet; that the PBLP motion on Petition No. 97-SE-15 passed by a vote of 4 to 1; that his dissenting vote was cast on the basis that granting a special exception for a building with a height of 140 feet would set an undesirable precedent. City Attorney Taylor stated that Petition Nos. 97-CO-16 and 97-PSD-27 are scheduled for public hearing before the City Commission on January 20, 1998; that approval of the conditional rezoning is integral to the petitioner's right to have the special exception; that the Commission has the option of continuing Petition No. 97-SE-15 for consideration with Petition Nos. 97-CO-15 and 97-PSD-27. Mayor Pillot asked if Petition No. 97-SE-15 could be set for public hearing and considered simultaneously with Petition Nos. 97-CO-15 and 97-PSD-27? City Attorney Taylor stated yes. Commissioner Patterson stated that the PBLP's approving a special exception prior to the rezoning is confusing; that property should be rezoned before the PBLP considers a special exception. City Attorney Taylor stated that the PBLP's action would not become effective if the Commission denies the rezoning petition. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to continue Petition No. 97-SE-15 and to set Petition Nos. 97-CO-16, 97-PSD-27, and 97-SE-15 for public hearing. Commissioner Cardamone stated that the actions are separate; that consideration of Petition No. 97-SE-15 will be continued; that Petition Nos. 97-CO-16 and 97-PSD-27 will be set for public hearing. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yesi Merrill, yes; Patterson, yes; Pillot, yes. City Attorney Taylor stated that Petition No. 98-SV-01 requires a public hearing for approval; that the Commission has the option BOOK 43 Page 15856 01/05/98 6:00 P.M. BOOK 43 Page 15857 01/05/98 6:00 P.M. of granting the special exception conditioned upon approval of the street vacation or continuing Petition No. 97-SE-15 until after the public hearing on Petition No. 98-SV-01, which would allow the related petitions to be considered at the same time; that the Commission could also summarily deny the street vacation request and take action on Petition No. 97-SE-15 tonight. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to set Petition Nos. 98-SV-01 and 98-SE-01 for public hearing simultaneously. Commissioner Patterson requested that the petitions be advertised for public hearing with the conditions set forth by the PBLP included. Mr. Lindsay stated the special exceptions become effective 45 days following PBLP action if no action is taken by the City Commission; that excluding the phrase "to continue from the motion could be interpreted as taking no action. Mayor Pillot asked if the intent should be clarified in the motion? City Attorney Taylor stated yes. Mayor Pillot restated the motion as to continue Petition No. 98-SE-01 and to set Petition Nos. 98-SV-01 and 98-SE-01 for public hearing simultaneously. Commissioner Cardamone stated that maps depicting the original and proposed locations for the alley should be presented at the public hearing. Commissioner Patterson stated that the location of the proposed fence should also be depicted on the map. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to receive the board report of the PBLP's regular meeting of December 3, 1997, workshops of December 9 and 16, 1997, and special meeting of December 18, 1997. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested Deputy City Auditor and Clerk McGowan to explain the public hearing process. Deputy City Auditor and Clerk McGowan stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. Any development that would make the p.m. peak hour volume exceed the minimum adopted LOS volume of 1,550 cars would not be permitted. Commissioner Patterson stated that corresponding data for Ringling Boulevard should be prepared for presentation to the City Commission; that methodology for calculating projected demand for certificates of concurrency should be included in the Sarasota City Plan where transportation concurrency is explained. City Attorney Taylor stated reference to the methodology applied in determining transportation concurrency is being incorporated in the LDRs Update; that language could also be incorporated in the Sarasota City Plan. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4036 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4036 by title only. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4036 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4037, AMENDING THE SARASOTA CITY CODE, CHAPTER 2, ARTICLE V, RELATING TO BOARDS TO ESTABLISH A CITIZEN'S TAX OVERSIGHT COMMITTEE; : SETTING FORTH FINDINGS TO JUSTIFY THE CREATION OF SAID BOARD; STATING THE PURPOSE AND RESPONSIBILITIES FOR SUCH BOARD: PROVIDING FOR THE COMPOSITION, APPOINTMENTS. TERMS OF OFFICE AND PROCEDURES OF THE BOARD; AMENDING CHAPTER 2, ARTICLE VI, RELATING TO FINANCE, PURCHASING AND SALES TO PROVIDE A PROCEDURE FOR MODIFYING THE CITY OF SARASOTA PROJECT LIST FOR THE INFRASTRUCTURE SURTAX FOR PROJECT LIST OR ALLOCATION OF PROCEEDS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) = PASSED ON FIRST READING: COMMISSIONERS TO APPOINT MEMBERS BY FEBRUARY 2, 1998 (AGENDA ITEM III-5) #2 (0907) through (1161) BOOK 43 Page 15874 01/05/98 6:00 P.M. BOOK 43 Page 15875 01/05/98 6:00 P.M. City Attorney Taylor stated that Sarasota County Ordinance No. 97-083 extends the Local Government Infrastructure Sales Tax of one percent for a period of ten years commencing September 1, 1999, and provides for the establishment of Citizen Tax Oversight Committees by each local governing body located within Sarasota County, as set forth in a referendum approved by a majority of the electors on November 4, 1997; that proposed Ordinance No. 98-4037 establishes the Citizen Tax Oversight Committee for the City of Sarasota, as required within ninety days of voter approval, and provides for 10 members, two members appointed by each of the five City Commissioners; that the Committee is specifically charged with conducting an annual review of the expenditures appropriated by the City Commission from the sales tax proceeds and making a report to the Commission no later than April 1 of the year subsequent to such expenditures; that the Committee would also be responsible for reviewing any changes made to the infrastructure project list or to the allocation of sales tax proceeds among the projects to ensure all procedural requirements, including public hearing and adoption of a resolution, have' been followed. Mayor Pillot stated that initially the two at-large Commissioners will appoint members to a term of two years; that the three district Commissioner will appoint members to a term of three years. City Attorney Taylor stated that is correct. Mayor Pillot asked to whom the appointments are submitted and when? City Attorney Taylor stated that the terms commence as of September 1, 1999; that the board appointments will be placed on an agenda once the Commission is prepared to bring forward the names. City Auditor and Clerk Robinson stated that the appointments would not be submitted to him but announced at the Commission meeting. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4037 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4037 by title only. On motion of Vice Mayor Dupree and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 98-4037 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yesi Merrill, yes; Patterson, yes. Mayor Pillot stated that hearing no objections, the Commissioners will appoint members to the Citizens' Oversight Committee within 90 days of voter approval, specifically, by February 2, 1998. 12. CITIZENS' INPUT CONCERNING CITY TOPICS - ADMINISTRATION TO REPORT BACK REGARDING DR. MARTIN LUTHER KING, JR. WAY STREETSCAPE (AGENDA ITEM V) #2 (1162) through (1375) Mayor Pillot, with consensus of the Commission, ruled that the subject "Medicinal Marijuana Petition" as indicated on the Request to Speak form from Kenneth Smiley does not qualify as a topic for discussion under Citizens' Input Concerning City Topics. The following person came before the Commission: Eula Bacon, 1547 30th Street (34234), requested that the square, curbed landscape areas (planters) being installed along Dr. Martin Luther King, Jr. (MLK) Way between Cocoanut Avenue and Osprey Avenue, which constrict the lane width at the intersections, be removed. Ms. Bacon stated that the planters have been the subject of many conversations she has held with over 50 people in the past month; that the purpose for the planters is not clearly understood; that the landscape plans should be reviewed if the purpose is for beautification, which can be achieved without blocking two lanes of traffic and prohibiting left turns on MLK Way at Orange, Leon, Central, and Cocoanut Avenues; that traffic should not be deterred from the Newtown Business District if the purpose is for traffic abatement; that the speed of vehicles traveling on MLK is normally 10 mph below the posted speed limit; that the installation of the planters is an insult if the purpose is part of a community containment project. Ms. Bacon continued that the Commissioners should experience the conditions the planters have created on MLK Way; that the planters prevent motorists from passing other motorists who stop to converse with pedestrians; that the resurfacing project has been ongoing for the past two months; that safety is of concern. City Manager Sollenberger stated that the issue will be reviewed; that the planters are part of the Dr. Martin Luther King, Jr. Way Streetscape Project developed with input from representatives of the business community in Newtown. BOOK 43 Page 15876 01/05/98 6:00 P.M. BOOK 43 Page 15877 01/05/98 6:00 P.M. Ms. Bacon stated that the planters have severely restricted traffic; that several planters have already been removed. City Manager Sollenberger stated that the Administration will report back to the Commission. 13. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO: 1) CONTACT THE INDUSTRIAL PROPERTY OWNERS ON MYRTLE STREET REGARDING VOLUNTARY BUFFERING AND 2) REVIEW THE POTENTIAL OF ALLOWING PERMISSIVE LEFT TURNS AT U.S. 301, LIME, SCHOOL, AND EAST AVENUE #2 (1421) through (1940) COMMISSIONER CARDAMONE : A. stated that Governor Lawton Chiles has declared January 11 17, 1998, as Running of Red Lights Awareness Week; that a City resolution supporting the effort should be adopted. B. requested the number of trucks cited for traveling on streets posted with "No Truck" signs be included in the Quality of Life report received from the Police Department. C. asked the status of the complaints raised regarding The Lift, laquid-vibe-solids, the nightclub on lower Main Street? City Manager Sollenberger stated that the business has closed. Commissioner Cardamone stated that regulations should be considered to prevent similar activities from occurring in areas adjacent to residential in the future. D. stated that much correspondence has been received from the South Lido Coalition; that discussion regarding the problems with sand on South Lido Beach should be scheduled. Commissioner Patterson stated that an item is scheduled on the January 20, 1998, agenda. E. stated that the City lost property taxes when the GTE building was sold to Sarasota County; that the $12 million taxable value of the former Doctor's Hospital property is coming off the tax rolls; that "in-lieu of taxes" or other programs should be reviewed during the Financial Sustainability Study. F. stated that discussion regarding establishment of a committee to plan activities for the City's celebration of the year 2000/2001 should be scheduled on a future agenda. G. stated that the railroad track north of Dr. Martin Luther King, Jr. Way is being poorly maintained; that the railroad company should be contacted to address the overgrown conditions of the landscape. VICE MAYOR DUPREE: A. stated that several complaints have been received regarding flooding in northern Sarasota; that the issues will be raised with the Administration. B. stated that a committee should be established to address flooding on St. Armands Key. Commissioner Patterson stated that the Sarasota-Manatee Metropolitan Planning Agency (MPO) has established a task force to address flooding on St. Armands Key; that Sarasota County has invested $80,000 on a study to assess what can be done, recognizing the City Commission allocated $1.75 million of future infrastructure surtax revenue for St. Armands Drainage Improvements in the residential areas; that the MPO voted unanimously to make required State improvements a priority on the Florida Department of Transportation (FDOT) project list; however, the FDOT work plan is developed in five-year increments; that funding for the next five years has been allocated to other projects; that the MPO executive director indicated the $8 million to $12 million estimated for the St. Armands project will not be available for eight years. C. stated that the industrial area north of Booker High School is unsightly; that buffering is necessary. City Manager Sollenberger stated that the properties are located in the unincorporated area; that contact could be made and voluntary cooperation to mitigate the negative impacts requested from the individual property owners. Mayor Pillot stated that Commission consensus has been reached to authorize the Administration to contact the industrial property owners on Myrtle Street. COMMISSIONER MERRILL: A. stated that traffic traveling west on Fruitville Road, which is attempting to access Ringling Boulevard or streets further south, is being unnecessarily delayed by stale red lights in the left turning lanes at U.S. 301, Lime, School, and East Avenues; that motorists BOOK 43 Page 15878 01/05/98 6:00 P.M. BOOK 43 Page 15879 01/05/98 6:00 P.M. attempt to avoid the congested conditions by turning on Brink Avenue or Euclid Avenue; that consideration should be given to reconfiguring the traffic lights to allow permissive left turns at U.S. 301, Lime, School, and East Avenues; that the traffic light at Shade Avenue should not be changed. Mayor Pillot stated that Commission consensus has been reached to direct the Administration to review recontiguring the traffic lights to allow permissive left turns at U.S. 301, Lime, School, and East Avenue. 14. OTHER MATTERS/ADMINISTRATIVE OFFICERS AUTHORIZED CITY ATTORNEY TO SIGN ADDENDUM AND LEASE AGREEMENT FOR COASTAL RECOVERY CENTERS, INC. CONTINGENT UPON RECEIPT OF A LETTER OF INTENT FROM FIRST UNION NATIONAL BANK (AGENDA ITEM XI) #2 (1940) through (2206) CITY ATTORNEY TAYLOR: A. stated that he was unable to resolve the issue concerning the loan structure associated with the amended lease agreement with Coastal Recovery Centers, Inc., which removes the restriction on the City's ability to market the remaining five acres on the Tenth Street site; that the loan between First Union National Bank of Florida and Coastal Recovery Centers, Inc., closed on July 24, 1997; that subsequently, a copy of the promissory note with an attached amortization schedule and an executed Addendum to Lease and Agreement was delivered to the City; that the document signed by the Mayor and the City Auditor and Clerk on behalf of the City was processed without his signature; that he did not sign the document as to form and correctness because the amortization schedule included a five-year balloon payment not discussed by the Commission; that the policy necessary to ensure the transaction for First Union cannot be issued without his signature on the document; that the attorney for First Union insists the amortization schedule does not violate the covenants made with the Commission; that the expressed intent of First Union is to renew and extend the loan to the full 15-year period, provided the borrower is still financially capable to paying the mortgage, if the loan is not paid off in five years; that a potential purchaser will be prohibited from acquiring the remaining property on site if the document is not fully executed to remove the existing restriction; and requested authorization to sign the Addendum to Lease and Agreement previously processed. City Manager Sollenberger stated that the Administration recommends authorizing the City Attorney to sign off on the Addendum to Lease and Agreement previously processed. Commissioner Cardamone stated that a letter of intent from First Union should be obtained for the record. City Attorney Taylor stated that the document will not be signed until a letter expressing First Union's intent to renew the loan provided the borrower remains creditworthy is received. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to authorize the City Attorney to sign the Addendum to Lease and Agreement with Coastal Recovery Centers, Inc., once a letter of intent is received from First Union National Bank of Florida. Commissioner Patterson stated that a lease agreement incorporating a stipulation allowing the tenant to dictate to the City the use of public land leased for $1 annually and a requirement to share the proceeds of a sale with the County should not have been processed initially; that the Commission at the time was supportive of marketing the remaining five acres; that the Commission should not be required to read every word in a contract. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. CITY COMMISSION TO ADJOURN UNTIL TUESDAY, JANUARY 6, 1998, AT 2:00 P.M. (AGENDA ITEM VI) #4 (2206) Mayor Pillot adjourned the regular meeting of January 5, 1998, at 8:40 p.m. until Tuesday, January 6, 1998, at 2 p.m. Ang GNL GENE PILLOT, MAYOR ATTEST : eL dW Rabun a ) a 2M PIMLYE CROBINSON, CITY AUDITOR AND CLERK BOOK 43 Page 15880 01/05/98 6:00 P.M.