MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING of APRIL 21, 1997, 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, Deputy City Auditor and Clerk Karen McGowan, and city Attorney Richard Taylor ABSENT: City Auditor and Clerk Billy Robinson PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:01 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH, MARCH 1997, JESSIE J. HUBBARD, SR.. FOREMAN, PUBLIC WORKS DEPARTMENT, SOLID WASTE MANAGEMENT DIVISION #1 (0054) through (0199) City Manager Sollenberger requested that Duane Mountain, Manager, Streets, Landscape Mai intenance and Solid Waste, and Jessie Hubbard, Senior Foreman, Public Works Department, come before the Commission. Mr. Mountain stated that Mr. Hubbard, employed by the City for 31 years, currently serves as a Public Service Representative for the Solid Waste Division, handling all calls for garbage and recycling service; that working side by side with Mr. Hubbard for over 25 years has been an honor and a pleasure; that a winning team requires a mix of young people and veterans like Mr. Hubbard who contribute a sense of cohesiveness and provide role models for younger employees; that Mr. Hubbard is one of the reasons the Solid Waste Division is better now than ever before. Mr. Mountain continued that Mr. Hubbard requests residents to fill out an evaluation questionnaire; that letters praising Mr. Hubbard and the Solid Waste crews are constantly received from residents; that Mr. Hubbard's professionalism, excellent customer service, and promotion of the City's goals are attributes of an employee who serves with excellence and pride. Mayor Pillot presented Mr. Hubbard with a City-logo watch, a plaque, and a certificate as the March 1997 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Hubbard thanked the Commission and stated that he hopes to continue to do a good job. BOOK 41 Page 14444 04/21/97 6:00 P.M. BOOK 41 Page 14445 04/21/97 6:00 P.M. Vice Mayor Dupree stated that Mr. Hubbard is his uncle and he is very proud of him. 2. PRESENTATION RE: RETIREMENT AWARD TO JOHNNIE JONES, JR.. UTILITIES MECHANIC, PUBLIC WORKS DEPARTMENT, WITH 18 YEARS OF SERVICE #1 (0200) through (0358) City Manager Sollenberger requested that William Hallisey, Facilities Operations Manger, and Johnnie Jones, Jr., Utilities Mechanic, Public Works Department, come before the Commission. Mr. Hallisey stated that Mr. Jones has received four promotions over the eighteen years he has worked at the Wastewater Plant; that Mr. Jones's wife, four children, seventeen grandchildren, and two great-grandchildren are proud of him; that his crew advised him that Mr. Jones will be difficult to replace. Mayor Pillot read the Retirement Award in its entirety, presented a plaque to Mr. Jones and thanked him for the high quality of the important service he rendered to the City as a mechanic. Mr. Jones thanked the Commission for the recognition; and stated that he worked fourteen years for the City of Columbia, South Carolina before beginning employment with the City of Sarasota which became like a second home; that he is proud to finish his working life with a clean record. 3. PRESENTATION RE: PROCLAMATION RECOGNIZING APRIL 22, 1997, AS "CLEAN YOUR FILES DAY" #1 (0359) through (0404) Mayor Pillot stated that improvements in computers, E-Mail, etc., should encourage a reduction in the use of paper; that the paperless systems developed by the City will assist in efforts to expedite record keeping; and declared April 22, 1997, as "Clean Your Files Day" with a proclamation which explains the purpose of the day as encouraging employees to clean their files and at the same time obey the public records law requiring maintenance of records for many years. 4. PRESENTATION RE: WELCOME TO THE VISITING STUDENTS FROM OUR SISTER CITY, PERPIGNAN, FRANCE #1 (0405) through (0729) Mayor Pillot stated that Perpignan is the Sister City of Sarasota in France; that Sister Cities International brings together two cities in two different nations for cultural, social and economic exchange; that Sarasota has five Sister Cities: Santa Domingo, Dominican Republic; Hamilton, Ontario, Canada; Vladimir, Russia; Perpignan, France; and Tel Mond, Israel; that Commissioner Merrill visited Perpignan as the City's representative when he served as Mayor. Mayor Pillot introduced Dominique Vilain and Gina Fernandez, employees of the City of Perpignan who have been chaperoning a group of students from that city currently staying at the homes of Sarasota High School students, and Helen Simonete, Chairman of the Foreign Language Department at Sarasota High School. Hope Byrnes, President, Sister Cities Association of Sarasota, came before the Commission and introduced Janice Mee, Paul Thorpe, and Asim Mohammed, Members of the Sisters Cities Board; that Alain Taulere, another Board Member, and owner of Café of the Arts and a local bakery, is directing the efforts of Sister Cities in Perpignan. Mayor Pillot stated that the relationship between the two cities began in 1994 when Commissioner and former Mayor Merrill represented the City of Sarasota during a trip to Perpignan; that the City has received great benefits such as the generous financial help contributed by Perpignan for the Sarasota French Film Festival; that Alain Taulere, a former native of Perpignan has brought the culture of that city to Sarasota through his fine restaurants; and asked Ms. Byrnes to bestow honorary citizenship of the City of Sarasota upon each of the visitors from Perpignan. Ms. Byrnes requested that Helen Simonete and Barbara Hopton come before the Commission. Ms. Simonette thanked Marilyn Remilard for her invaluable service throughout the trip; and stated that some students were unable to attend this meeting due to religious observance of Passover; and presented the honorary citizenship certificate to each of the following visitors from Perpignan: Nicolas Panek, Florian Zaragoci, Laurent Mas, Pierre Escobar, Emilie Sola, Delphine Naissant, Jorma Leteurtrois, Franck Lauer, Mohamed Akkari, Dominique Vilain, Claire Cubaynes, David Vilain, Cecile Mejean, Gina Fernandes, Florence De Maury, Eva Berneau, Marie Bourret, and Nicolas Jiminez Ms. Byrnes stated that the City is delighted to host the visitors from Perpignan; that the efforts of Sarasota students who have taken the visitors into their family homes are appreciated; that the students from the two cities have interacted as though they have known each other all their lives; that the City looks forward to having the visitors from Perpignan return to Sarasota in the future. Ms. Simonete thanked the visitors for their kindness and friendliness; and stated that the students from both countries BOOK 41 Page 14446 04/21/97 6:00 P.M. BOOK 41 Page 14447 04/21/97 6:00 P.M. interacted beautifully; that some Sarasota students will be leaving for a trip to Perpignan on June 24, 1997 and returning on July 16, 1997. Commissioner Merrill stated that the people who arranged his 1994 trip to France did a wonderful job with the Mayor of Perpignan acting as a perfect host; that the visitors are invited to visit Sarasota often. Mayor Pillot stated his hopes that the remainder of the visitors' stay will be pleasant, wished them a safe and happy trip back to Perpignan, and extended the City's greetings to the Mayor and citizens of Perpignan. 5. PRESENTATION RE: ANNUAL STATE OF THE CITY MESSAGE #1 (0730) through (1425) Mayor Pillot stated that Article II, Section 8 of the Charter of the City of Sarasota requires that the Mayor who has completed his/her term will present to the public a State of the City Message; that Commissioner and Former Mayor Cardamone who presented the Message at the April 11, 1997, statutory Commission meeting set a standard of completeness; that the Commission has requested Commissioner Cardamone to repeat the State of the City Message tonight for the viewing public since the statutory meeting was not televised; that Commissioner Cardamone has suggested the State of the City Message be presented at the last regular Commission meeting of the Mayor's term to enable televised access to the public. Commissioner Cardamone repeated for the viewing public, the State of the City Message presented at the April 11,, 1997, statutory meeting and played on video at the Community Workshop on April 15, 1997. Mayor Pillot thanked Commissioner Cardamone for a report which provided in substantial thoroughness and detail the accomplishments of the year supported with data, facts and statistics as well as the goals which should be accomplished in the future; that he cannot remember any Mayor who expended more energy, time, and dedication, or displayed more leadership than Commissioner and former Mayor Cardamone. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (1425) through (1445) Deputy city Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Remove and place on the agenda of the May 5, 1997, regular Commission meeting, Unfinished Business Item No. VII-1, Approval re: Request of Coastal Recovery for approval of a loan agreement, per the request of James Sleeper, President/CEO of Coastal Recovery Centers, Inc. 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. 7. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF APRIL 7, 1997 - APPROVED (AGENDA ITEM I) #1 (1447) through (1450) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the regular City Commission meeting of April 7, 1997, are approved by unanimous consent. 8. CONSENT AGENDA NO. 1: ITEM NOS. 1,2,3,4.5.67 AND 8 APPROVED (AGENDA ITEM III-A) #1 (1459) through (1578) Vice Mayor Dupree requested that Item No. 3 be removed for discussion. 1. Approval Re: Award of contract and authorize the Mayor and the City Auditor and Clerk to execute a contract with Riehl Ceilings, Inc., Tampa, Florida, (R.F.P. #97- 50) in the amount of $95,645 for replacement of the ceiling in the Municipal Auditorium 2. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the First Amendment to Concession License for the Tavern on the Green restaurant at the Bobby Jones Golf Complex 4. Approval Re: First Renewal to the Agreement for Landscape Architectural Services between the City of Sarasota and David W. Johnston Associates, Inc., (R.F.P. #96-34) to provide professional landscape architectural services on an "as needed" basis for an additional one year period 5. Approval Re: Award of contract and authorize the Mayor and the City Auditor and Clerk to execute a contract with Brush Strokes, Largo Florida, (R.F.P. #97-45) in the amount of $33,955 for the painting of the steel compost Silo at the Wastewater Treatment Plant, 1850 12th Street, Sarasota, Florida 6. Approval Re: Award of contract for the 18th Street Drainage Project (Bid #97-54) BOOK 41 Page 14448 04/21/97 6:00 P.M. BOOK 41 Page 14449 04/21/97 6:00 P.M. 7. Approval Re: Authorize the Mayor to execute the Encroachment Permit for 1501 Laurel Street 8. Approval Re: Authorize the Mayor and the city Auditor and Clerk to execute the Drainage and Landscape Easement for the Hog Creek Restoration Project between the City of Sarasota and Florida Power and Light On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 2, 4, 5, 6, 7 and 8. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 3. Approval Re: Ratification of the collective bargaining Agreement between the City of Sarasota and The Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen & Helpers, Local Union #173, Affiliated with International Brotherhood of Teamsters, referred to as Teamsters Local #173 effective from date of ratification through 9/30/99, including a 3.0% increase for all represented employees retroactive to October 4, 1996 Vice Mayor Dupree stated that he intended to remove Item No. 4 rather than No. 3. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item No. 3 and reconsider the approval of Item No. 4. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 4. Approval Re: First Renewal to the Agreement for Landscape Architectural Services between the City of Sarasota and David W. Johnston Associates, Inc., (R.F.P. #96-34) to provide professional landscape architectural services on an "as needed" basis for an additional one year period Vice Mayor Dupree stated that Fredd Atkins Park is not being used for the purpose for which it was developed. Mayor Pillot stated that the issue of Fredd Atkins Park is addressed in Consent Agenda No 2., Item 4. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Item No. 4. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 97R-978) - ADOPTED; ITEM 2 (RESOLUTION NO. 97R-979) - ADOPTED; ITEM 3 (RESOLUTION NO. 97R-980) - ADOPTED; ITEM 4 (RESOLUTION NO. 97R-981) - ADOPTED; ITEM 5 (ORDINANCE NO. 97-3989) ADOPTED (AGENDA ITEM III-B) #1 (1582) through (1814) Vice Mayor Dupree requested that Item No. 4 be removed for discussion. Deputy City Auditor and Clerk McGowan read proposed Resolution Nos. 97R-978 and 97R-979 in their entirety and proposed Resolution No. 97R-980 and Ordinance No. 97-3989 by title only. 1. Adoption Re: Proposed Resolution No. 97R-978, appropriating $3,000 from the unappropriated fund balance of the General Fund to fund the expenditure to the Florida Shore and Beach Preservation Association from the Tourist Development Trust Fund but not reimbursed from the Sarasota County TDT Funds; etc. 2. Adoption Re: Proposed Resolution No. 97R-979, appropriating $5,950 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the purchase of two sound level meters and training for officers in the operation of the sound level meters; etc. 3.. Adoption Re: Proposed Resolution No. 97R-980, requesting a Beach Nourishment Project Grant from the Florida Department of Environmental Protection Erosion Control Assistance Program for fiscal year 1998/99 for the Lido Key Beach Restoration Project; setting forth findings; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 97-3989, to rezone certain parcels of real property to the Commercial Business-Newtown Zone District; said parcels being located in the vicinity of Dr. Martin Luther King, Jr. Way from U.S. 301 west to Cocoanut Avenue; said rezoning being limited to those parcels which are currently zoned Commercial Neighborhood (CN), as more particularly described herein; etc. (Title Only) (Petition No. 95-RE-01, City of Sarasota) On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 2, Items 1, 2, 3 and 5. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. BOOK 41 Page 14450 04/21/97 6:00 P.M. BOOK 41 Page 14451 04/21/97 6:00 P.M. 4. Adoption Re: Proposed Resolution No. 97R-981, closing Fredd Atkins Park between the hours of 11:00 p.m. and 6:00 a.m.; making certain findings that conditions exist or events have transpired in proximity to or within Fredd Atkins Park which create a threat to the health, safety, and welfare of the citizens utilizing Fredd Atkins Park or residing in the vicinity of Fredd Atkins Park; directing that Fredd Atkins Park be posted with signs designating the hours which Fredd Atkins Park will be closed; etc. (Title Only) Vice Mayor Dupree stated that Fredd Atkins Park was initially developed to provide an open, shady space for elderly and retired people; that the behavior of younger patrons in the park is now impacting negatively on nearby businesses; that incidents including drug sales necessitate posting signage indicating the park is closed between 11:00 p.m. and 6:00 a.m.; that the proposed resolution is strongly supported. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 97R-981 by title only. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 2, Item No. 4. 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. 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. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 10. PUBLIC HEARING RE: TRAFFIC CALMING STUDY FOR WOOD STREET REQUESTED COSTS OF PORTABLE RADAR UNITS, ACCEPTED TRAFFIC CALMING STUDY, APPROVED INSTALLATION OF FOUR SPEED HUMPS ON WOOD STREET, AND DIRECTED STAFF TO DEVELOP AREA STUDIES FOR TRAFFIC CALMING MEASURES (AGENDA ITEM IV-1) #1 (1892) through #2 (0950) Asim Mohammed, Assistant City Engineer, and David Hegel, Traffic Control Systems Technician IV, came before the Commission. Mr. Mohammed distributed a press release from the City of Houston publicizing that City's approval of a $1.4 million contract to continue a highly popular speed-hump program; and stated that Mr. Hegel who joined the City approximat tely two months ago will assist in coordinating traffic signals and developing traffic calming methods. Mr. Mohammed displayed on the overhead projector maps of traffic studies and stated that in October 1996, the residents of Wood Street petitioned the Commission to reduce the volume of traffic and speeding on Wood Street; that the Engineering Department conducted a detailed traffic calming study and presented the results to residents at a neighborhood meeting on February 19, 1997; that 56 percent of the neighborhood residents who responded to a survey support the installation of speed humps on Wood Street between Shade and Tuttle Avenues. Mr. Mohammed continued that arterials such as Tuttle Avenue have been improved and traffic calming measures developed on neighborhood streets; that 7,000 vehicles, many of which were speeding, traveled on Shade Avenue before the installation of traffic calming measures which reduced the volume to 3,736 vehicles and the speed to 28 miles per hour (mph); that 2,123 vehicles per day at an average speed of 33 mph currently travel on Wood Street between Shade and Jefferson Avenues; that vehicular speed on Wood Street increases to 39 mph between Jefferson and Tuttle Avenues; that Novus and. Bay Streets which are entered from Tuttle Avenue both end in cul de sacs; that another cul de sac on Browning Street has been approved; that the proposed speed humps on Wood Street will have no impact on adjacent streets. Commissioner Merrill asked why Hatton Street is not included on the maps? Mr. Mohammed stated that traffic volume is expected to increase when Hatton Street which is currently a small street between Shade and Euclid Avenues is extended to School Avenue; that a study based on updated statistics from the new traffic flow will be conducted after the Hatton Street reconstruction is completed. Mr. Mohammed continued that the following alternatives were provided to neighborhood residents in the survey: 1) leave Wood Street as is, 2) install speed humps, 3) close the median opening at Tuttle Avenue, 4) close the bridge between Jefferson and Tuttle Avenues on Wood Street, and 5) install a- traffic light at Wood Street and Tuttle Avenue; that 101 responses were received to 137 surveys mailed to residents; that the votes were tabulated as follows: 18 percent to leave Wood Street as is, 57 percent in favor of speed humps, 11 percent to close the median opening at Tuttle Avenue, 10 percent to close the bridge, and 4 percent in favor of a traffic light at Wood Street and Tuttle Avenue; that the highest majority of people responding to the survey voted to install speed humps; that Staff recommends installing four speed humps on Wood Street between Shade and Tuttle Avenues; that the BOOK 41 Page 14452 04/21/97 6:00 P.M. BOOK 41 Page 14453 04/21/97 6:00 P.M. actual location of the speed humps will be determined after Staff determines which neighbors do not want the devices installed in front of their homes; that the Police and County Fire Departments support the speed humps providing that residents are made aware of the fact that speed humps reduce emergency response times. Commissioner Merrill asked if alternative traffic calming measures to resolve the problems on Wood Street are available? Mr. Mohammed stated that traffic calming was the topic of discussion at a recent conference of the Institute of Transportation Engineers in Tampa; that traffic engineers support speed humps as the most successful form of traffic calming for reducing speed and volume of vehicles throughout the United States and abroad; that a media article written by a traffic engineer and a police officer from West Palm Beach indicate the police officer's support for speed humps; that the lives saved and the perception of safety provided to residents outweighs the reduced emergency response times expected after installation of speed humps; that vehicular volume on neighborhood streets has been reduced 25 to 40 percent by speed humps installed in the City; that 700 speed humps have been installed in the City of Houston. Commissioner Merrill asked if semi-diverters could have worked on Wood Street? Mr. Mohammed stated that semi-diverters work only when no adjacent street exists onto which the traffic volume could be diverted; that semi-diverters have worked on Yale Avenue and Alta Vista Street in the Avondale Subdivision due to the absence of an adjacent street onto which the traffic could have been diverted; however many problems occurred when semi-diverters used on Prospect Street diverted all the traffic onto an adjacent street which lacked traffic calming measures; that Wood Street is the only street allowing convenient east/west travel between Jefferson and Tuttle Avenues; that a menu of options was provided to neighborhood residents who chose the speed humps by consensus. Vice Mayor Dupree stated that on-street parking slows traffic down and provides a traffic calming measure which does not hinder the speed of emergency vehicles. Mr. Mohammed stated that on-street parking can deter speeding vehicles on streets wide enough to allow parking on one or both sides. Commissioner Cardamone if the Hatton Street extension has been included in the traffic study? Mr. Mohammed stated that the improvements to Hatton Street are under design and should be constructed shortly; that the proposed speed humps are not expected to divert much traffic from Wood Street onto Hatton Street. Mr. Mohammed continued that traffic calming measures require a two-pronged approach improving major arterials at the same time traffic calming measures are installed on neighborhood streets. Mayor Pillot opened the public hearing. The following people came before the Commission: Ronye Ferguson, 2527 Wood Street (34237), stated that 2,100 vehicles per day pass on Wood Street; that speed humps may not be the answer; that the volume of vehicles on Wood Street must be reduced; that her twin boys who are considered legally blind must cross the street to the other side to ride bicycles and to catch the school bus at the corner of Jefferson Avenue and Wood Street; that many drivers ignore the stop sign; that both City police officers and County Sheriff Deputies drive through the stop sign and speed on Wood Street; that Wood Street has no sidewalk and is too narrow to park vehicles as a traffic calming measure; that her sons must walk to the corner at Jefferson Avenue and Wood Street to wait for the school bus as the bridge on Wood Street between Novus Place and Jefferson Avenue has beèn deemed unsafe for the bus to cross; however, garbage and recycling trucks weighing more than school buses cross the bridge regularly; that the bridge on Wood Street should be closed and a cul de sac created; that drivers traveling north on Tuttle Avenue should not be allowed to make a left hand turn onto Wood Street; that 10 children under the age of 10 live on Wood Stréet on which drag racing occurs; that the volume and speed of vehicles must be addressed. Susan Hall, 2651 Wood Street (34237), stated that she has lived on Wood Street over 10 years; that increased volumé of traffic in the last 10 years has resulted in mowed-down mailboxes, ruined lawns, and a car plowing into a neighbor's house; that although no fatalities occurred, one of two small children who reside in the house was unable to speak for two weeks due to the trauma; that speed humps are reasonable, affordable and have been proven on Shade Avenue to slow traffic down. Sandy Piper, 2155 Wood Street, A19 (34237), Secretary of the Wood Street Condominium Association, stated that the President of the Board of the Wood Street Condominium Association was informed by Mr. Mohammed that the issue of East Avenue which leads onto Wood Street would be on the agenda; that Sarasota Ford's efforts to reduce traffic and speeding by personnel is commended; however, new personnel cannot always be controlled; that the Wood Street Condominium Association proposes that East Avenue become a one-way street which would not hinder any of the businesses in BOOK 41 Page 14454 04/21/97 6:00 P.M. BOOK 41 Page 14455 04/21/97 6:00 P.M. the area; that John Tosch, Executive Vice President, Sarasota Ford, assured the residents that Sarasota Ford will cooperate with any suggestions to alleviate traffic problems; that speed humps may help; however, making East Avenue one-way may be more cost-effective. Chip Shepard, 2555 Wood Street (34237), stated that he has lived in his residence for 26 years; that although traffic is a problem, installation of the proposed speed humps is opposed; that his house is located on the lowest grade on the block; that the slightest rainfall completely floods his yard and driveway; that he spent the last four years rebuilding his house and cannot rebuild all over again; that a speed hump on Wood Street in front of his house would create a dam blocking the water flow to the extent that water would fill the interior of his house; that the City decided to dig up the ditch in front of the house when he complained about the flooding; that digging out the dirt in the ditch exacerbated the problem by lowering the grade even further. Jerry Jones, 2626 Wood Street (34237), stated that severe traffic problems exist on Wood Street; that speeds on adjacent streets do not come close to the 39 mph average on Wood Street; that many City and County employee vehicles travel at speeds of 45 and 50 mph on Wood Street; that although the Police Department has taken positive action to control traffic, some police officers drive down Wood Street at 50 or 60 mph without emergency flashers or sirens in operation; that all types of commercial vehicles, including church buses, go across the bridge on Wood Street; that speed humps may temporarily slow down traffic; however, most young drivers have determined that a vehicle can sail over the speed humps at 50 mph; that closing the bridge and creating a cul de sac is the best solution. Commissioner Cardamone asked if closing the bridge was discussed during the neighborhood meeting at which various traffic calming measures were introduced? Mr. Jones stated that the recommendation to close the bridge was introduced several times but was not treated as a serious alternative; that closing the bridge will reduce the volume and speed of traffic; that speeders were deterred when the Police Speed Monitoring Awareness Radar Trailer (SMART) was placed on Wood Street; that enforcement is the only real answer; that communities with a reputation for making speeders pay do not have an ongoing speeding problem; that segmenting responsibilities among police officers so that criminal arrests are one person's responsibility and traffic is another's leads to a situation in which a narcotics police officer will not pursue a speeder feeling that enforcing the traffic laws is someone else's job; that enforcement is enhanced when a team spirit prevails. Maryann Schumacher, 2730 Wood Street (34237), stated that she has lived on Wood Street since 1968; that she circulated a petition requesting traffic calming measures on Wood Street six months ago; that living on a drag strip is tiresome; that wild animals and family pets have been killed; that closing the bridge and installing a "no left turn" sign at the entrance of Wood Street for drivers traveling north on Tuttle Avenue are the most desirable solutions; however, the volume of traffic is expected to decrease if the proposed speed humps are installed; that people traveling on Tuttle Street can turn onto Bahia Vista Street or Ringling Boulevard to go Downtown instead of. using Wood Street; that only one speed limit sign exists on. Wood Street; that a police officer speeding down Wood Street was informed that the speed limit was 25 mph. Commissioner Cardamone asked why people do not park on Wood Street on a regular basis? Ms. Schumacher stated that Wood Street is not wide enough; that residents do not want vehicles hit by speeders; that residents who own three or four cars park those vehicles on the lawn. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Mayor Pillot stated that comments regarding traffic calming measures on East Avenue, and concerns regarding speeding and flooding on Wood Street should be addressed by Staff. City Manager Sollenberger stated that Staff will review Mr. Shepard's flooding problem. Mr. Mohammed stated that he met with the President of the Wood Street Condominium Association; that a task force may be formed in that area to study traffic calming, street beautification, and neighborhood improvements; that the item is scheduled on the agenda under Agenda Item V, Scheduled Presentations. Commissioner Patterson stated that alternative routes should be available when a neighborhood street is cul de sacked; that Bahia Vista Street may be available for drivers going Downtown; and asked which street drivers would use to travel east. Mr. Mohammed stated that few streets travel east and west between Shade and Tuttle Avenues; that Wood Street is the only street which travels east virtually all the way from U.S. 41; that closing public streets is a concern. Commissioner Patterson stated that traveling across town may become impossible if the City continues to close neighborhood streets; that installing traffic calming measures on one street may divert large volumes of traffic onto an adjacent residential street.. BOOK 41 Page 14456 04/21/97 6:00 P.M. BOOK 41 Page 14457 04/21/97 6:00 P.M. Mr. Mohammed stated that at 9:00 a.m. this morning, vehicles were backed up on Bahia Vista Street from U.S. 41 to Tuttle Avenue; that other streets in the vicinity have limited capacity to handle traffic volume; that the current traffic volume of approximately 2,300 vehicles per day will be reduced to 300 vehicles if Wood Street is cul de sacked; that the remaining 2,000 vehicles will be diverted onto residential streets such as Ringling Boulevard between Shade and Tuttle Avenues; that the probable impact on other streets in an area must be considered before a residential street is closed; that neighborhood residents discussed closing the bridge on Wood Street as a possible alternative; that only 10 percent of the neighborhood residents supported closing the bridge; that although the City will ensure a speed hump is not placed in front of Mr. Shepard's house, speed humps do not exacerbate existing flood situations; that speed humps are installed across a roadway but do not reach the curb on either side allowing the flow of water around both sides of the speed hump; that the City will ensure the flooding of Mr. Shepard's house is not exacerbated. Commissioner Merrill asked the geographical area throughout which the survey was distributed? Mr. Mohammed stated that the survey was distributed 600 feet north, south, east, and west from the area on Wood Street on which speed humps are proposed; that every resident located on Wood Street between Shade and Tuttle Avenues received a survey which was distributed to residents of Novus and Browning Streets as well. Commissioner Merrill stated that the 10 percent of those surveyed who voted to close the bridge may have represented a minority of Wood Street residents and none of the residents of adjacent streets; that the majority of residents in the Wood Street area apparently prefer the installation of speed humps rather than the inconvenience of closing the bridge. John Lewis, Chief of Police, came before the Commission and stated that comments regarding traffic and speeding on Wood Street have been noted; that reports of City police officers speeding on Wood Street will be addressed internally; that disciplinary action awaits those who violate the speed limit; that a letter will be sent advising the Sarasota County Sheriff's Office of residents' concerns regarding speeding County vehicles; that traffic slows down when the SMART trailer is installed; that seven traffic officers are assigned to seven different sections of the City; that the traffic officer assigned to the Wood street area will be consulted and appropriate, additional enforcement methods determined. Commissioner Patterson stated that police officers on patrol duty should be able to issue speeding tickets. Chief Lewis stated that the activities of patrol officers include the issuing of traffic citations and enforcement of traffic laws as well as criminal enforcement. Commissioner Patterson asked if each patrol vehicle is equipped with a radar unit? Chief Lewis stated that five portable radar units have - been purchased recently for use by the patrol units. Commissioner Patterson asked the number of patrol vehicles on duty at any given time? Chief Lewis stated that 10 or 11 patrol units are on duty simultaneously and are rotated among the areas requiring intensified traffic enforcement; that traffic duty is a normal part of a patrol officer's role.. Commissioner Cardamone asked if speeding tickets are a major deterrent and if any statistics regarding repeat offenders : are available? Chief Lewis stated that statistics are not available; however, speeding tickets act as a major deterrent; that drivers with clean records can attend traffic school, pay a minimal fine, and prevent points being assessed against their automobile insurance policy; that repeat offenders are assessed a great deal more than first time offenders. Commissioner Cardamone asked if a major reduction in Wood Street traffic speeds can be expected if traffic officers issue tickets to vehicles traveling one mile or more over the speed limit? Chief Lewis stated that drivers tend to slow down when traffic enforcement is perceived as intensive; that traffic calming is sustained when a traffic officer stays in a particular area for a number of days. Commissioner Patterson stated that Staff is requested to return with information regarding the cost of radar units; that all patrol vehicles should be equipped with a portable radar unit if the cost is not prohibitive. Commissioner Merrill stated that enforcement stops speeding and is a source of revenue; and asked why enforcement is not intensified to make more money? Chief Lewis stated that each traffic officer generates sufficient revenue to pay 80 percent of the cost of his employment; that the cost of a traffic officer is not completely funded by traffic fines BOOK 41 Page 14458 04/21/97 6:00 P.M. BOOK 41 Page 14459 04/21/97 6:00 P.M. as only a portion of the traffic fee is returned to the City; that traffic enforcement is viewed as a public safety measure rather than a means of generating revenue. Commissioner Merrill stated that money is only generated as long as efforts to stop speeding are unsuccessful; that no revenue can be expected once the speeding is stopped; that a city does not want to undertake too intense a level of enforcement as the revenues will cease once the problem is completely eradicated; that the problem can never be solved through enforcement. Chief Lewis agreed. Vice Mayor Dupree stated that reduced speed and stop signs placed along Osprey Avenue have not stopped the speeding; that enforcement may stop the speeding for an extended period of time; that police officers should enforce newly installed traffic calming measures. Chief Lewis stated that first warnings and then tickets are issued when new traffic calming measures are installed; that more than the one existing sign on Wood Street to notify drivers of the 25 mph limit is required. City Manager Sollenberger stated that the Administration recommends the Commission accept the Traffic Calming Study and approve the installation of four speed humps on Wood Street. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Commissioner Patterson stated that as a realtor, she attended an open house for a spec home on the Bayfront on North Washington Drive built immediately after speed humps were installed; that the entrepreneurs informed her that the spec home was built and then placed on the market for over $1.5 million due to the installation of the speed humps; that the investment was projected as feasible due to the slowing down of the traffic volume and speed; that the house sold for the price desired; that speed humps are not a deterrent to enhancing the value of property in the high-priced category. Commissioner Merrill stated that major reinvestment in homes on Shade Avenue has occurred since the speed humps were installed; that the previous trend toward tenant-occupied properties on Shade Avenue has been reversed; that speed humps allow free if somewhat slower travel through an area; that cul de sacking streets limits the ability to move around the City; that a speed hump is much less expensive than hiring police officers; that speed humps, a one-time expense, have been installed in many small towns in France; that on-street parking is a problem; that a car parked on the side of a street at night is at risk; that a valuable vehicle will not be used as a traffic calming measure; that although speed humps are not perfect and speeding still occurs on Shade Avenue, both the traffic volume and speed have been substantially reduced; that. a previous traffic study of the Wood Street neighborhood resulted in a four-way stop. installed at Jefferson Avenue; that speed humps will be installed and, if necessary, additional traffic calming measures instituted until an acceptable solution to the traffic problem is reached. Vice Mayor Dupree stated that the speed humps are supported; however, on-street parking sometimes works well; that vehicles parked on the street in the Rosemary District are not parked where other vehicles can run into them but in a recessed area on the side of the roadway. Mayor Pillot stated that a Citywide plan for traffic calming should be developed; that the Administration agrees in the usefulness of such a plan and is attempting to organize a study; that traffic calming measures should not continue to be piecemealed across the City; that the Engineering Department has provided excellent leadership; however, traffic calming measures are still being installed one street at a time; that he previously promised himself a vote would not be cast for speed humps until a Citywide plan was developed to analyze the impact on adjacent streets when a traffic calming measure is. installed; however, he will vote for approval based on what was heard at the table at this meeting; that the speed humps on Wood Street would be expected to be included in a Citywide traffic plan; that Wood Street is a major artery between Shade and Tuttle Avenue; that the increase in the Sarasota High School campus and the impending closure of School Avenue during school hours will have a negative impact on Wood Street with or without the Hatton Street extension; that traffic calming measures should not be brought to the Commission one at a time; that a Citywide plan should be developed as soon as possible. Mayor Pillot called for a vote on the motion to accept the Traffic Calming Study and approve the installation of four speed humps on Wood Street. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Patterson stated that the sufficiency of the signage on Wood Street should be reviewed. City Manager Sollenberger agreed. Commissioner Cardamone stated that areawide traffic calming studies are supported as a Citywide study may not be possible; that traffic calming measures, using the South Sarasota Traffic Abatement Plan as a model, could be extended further south; that traffic on San Remo Terrace, the flower streets east of U.S. 41, and the Arlington Park/Waldemere Street area east of U.S. 41 should be reviewed; that existing traffic calming measures are insufficient. BOOK 41 Page 14460 04/21/97 6:00 P.M. BOOK 41 Page 14461 04/21/97 6:00 P.M. Mayor Pillot stated there is a consensus of the Commission to direct Staff to develop area studies for traffic calming measures in various segments of the City. Mayor Pillot stated that the area studies could cumulatively become a Citywide plan. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3990, AMENDING CHAPTER 11, BUILDINGS AND BUILDING REGULATIONS, ARTICLES II IX, INCLUSIVE, TO PROVIDE FOR THE ENLARGEMENT OF THE MEMBERSHIP OF THE BOARD OF RULES AND APPEALS AND FOR A MODIFICATION OF THE MEMBERSHIP REQUIREMENTS OF SUCH BOARD; AMENDING THE JURISDICTION OF SUCH BOARD TO INCLUDE AUTHORITY TO HEAR APPEALS APPROVE ALTERNATIVE STANDARDS, CERTIFY CONTRACTORS AND TO DISCIPLINE CONTRACTORS UNDER THE 1994 EDITIONS OF THE STANDARD MECHANICAL CODE, PLUMBING CODE, GAS CODE, AND THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE AND LOCAL AMENDMENTS TO EACH OF THE AFOREMENTIONED CODES; PROVIDING FOR THE ADOPTION OF REVISED CITY OF SARASOTA LOCAL AMENDMENTS TO THE STANDARD HOUSING CODE, 1991 EDITION AND THE STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION; REPEALING EXISTING CHAPTER 11, ARTICLES IV, V, VI, VII, VIII AND IX AND RENUMBERING ARTICLES X, XI, AND XII; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #2 (0951) through (1068) Timothy Litchet, Manager of Zoning and Code Enforcement, and David Waugh, Chief Building Inspector, came before the Commission and stated that proposed Ordinance No. 97-3990 will serve two major purposes: 1) consolidate the five separate building boards into one Board of Rules and Appeals, and 2) provide for an expedited procedure to vacate and secure hazardous structures; that the board consolidation is recommended to assist the Commission's goal to be a financially responsible City Government providing high quality services; that the boards have agreed that consolidating into one board comprised of nine members from the various disciplines would be more cost efficient; that the boards have reviewed and approved the consolidation; that an expedited procedure to vacate unsafe and unsanitary structures hazardous to the health, safety, and welfare of the procedure will be provided; that the Code Entorcement Enhancement Team and the Police Department have identified the lack of emergency powers in the Unsafe Building Abatement Code as an ongoing problem and have proposed the new procedure as a solution; that the proposed ordinance will allow the building official to order the vacation and securing of an unsafe structure by posting for 24 hours a copy of an order in placard form in a conspicuous place on the unsafe building or structure; that all costs associated with vacating and securing an unsaie structure will be assessed. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 97-3990 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-3990 on first reading. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 97-3990 on first reading. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes. 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3996, TO CONDITIONALLY REZONE FROM RMF-2 AND RSF-3 ZONE DISTRICT TO RMF-3 ZONE DISTRICT AND TO APPROVE FINAL SITE AND DEVELOPMENT PLAN 97-PSD-06 TO PERMIT THE CONSTRUCTION OF AN ASSISTED LIVING FACILITY ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF LOCKWOOD RIDGE ROAD AND FRUITVILLE ROAD WITH A STREET ADDRESS OF 3253 AND 3257 FRUITVILLE ROAD, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 97-CO-03 AND 97-PSD-06, PETITIONERS, JIM SOPER AND JOE GRACE, CARRIAGE INN, CONTRACT VENDEE AND AGENT FOR FRANCES H. OWEN, ROBERT L. AND DORA J. HARDING, SUSAN LEVINSON, LEE BUTLER AND CLYDE WILSON) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #2 (1074) through (1740) Michael Taylor, Deputy Director of Planning and Development, came before the Commission, displayed on the overnight projector Site and Development Plan 97-PSD-06, and stated that proposed Ordinance No. 97-3996 is a request to conditionally, rezone the property at the northeast corner of Lockwood and Fruitville Roads with a street address of 3253 and 3257 Fruitville Road from Single-Family Residential (RSF)-3 and Multiple-Family Residential (RMF) -2 Zone Districts to an RMF-3 Zone District; that Petition 97-PSD-06 is a Preliminary Site and Development Plan 97-PSD-06 filed in conjunction with Conditional Rezoning Petition 97-CO-03; that an 82-unit Assisted Living Facility (ALF) will be constructed on the site located at the northeast corner of Lockwood Ridge and Fruitville Roads with a height of 33 feet with the primary ingress and egress on Fruitville Road and a rear parking lot and service drive located on Lockwood Ridge Road; that the Planning Board/Local Planning Agency (PBLP) found BOOK 41 Page 14462 04/21/97 6:00 P.M. BOOK 41 Page 14463 04/21/97 6:00 P.M. Petition Nos. 97-PSD-06 and 97-CO-03 consistent with the Sarasota City Plan and the Tree Protection Ordinance and recommended approval subject to the granting of a five-foot right-of-way on Lockwood Ridge Road. James Soper, President, Sterling Senior Services, came before the Commission, and stated that Sterling Senior Services is the company proposing to develop an 82-unit ALF (formerly known as Assisted Care Living Facility (ACLF)) on the Fruitville Road site, and displayed on the overhead projector an architectural rendering of the ALF. Mr. Soper continued that the demographics of the area indicate the existence of an unmet demand for 812 ALF units within a five-mile radius of the site; that this unmet demand is expected to grow to more than 1,240 units within four years; that the proposed ALF, with 82 units, does not meet 10 percent of the unmet demand; that the facility will be comprised of two components, the assisted living section and the limited-memory unit; that the assisted living portion will consist of three wings containing 65 units servicing independent residents with minor Americans with Disabilities (ADA) requirements and will feature a beauty salon, an administration office, a rehabilitation section, and a life enrichment room; that a small reception area will be featured in the atrium as well as a seating area around the water fountain; that the main dining room is located in the second atrium as well as a private dining room for family gatherings, anniversaries, etc. Mr. Soper continued that the second component of the structure is a limited-memory (Alzheimer's) unit which is secured at the entrance to the unit; that the limited-memory unit has a satellite kitchen, dining room, two lounges and a way point in the center near the nurses' station with 360-degree visibility throughout the entire section; that an enclosed courtyard will allow for freedom of mobility; that the limited-memory unit is located on the first floor for easy access into the natural environment. Mayor Pillot asked if the proposed ordinance is a quasi-judicial matter? City Attorney Taylor stated yes. Mayor Pillot asked if the City Attorney has any comments? city Attorney Taylor stated no. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. Deputy City Auditor and Clerk McGowan 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 a part of the record at the PBLP meeting of March 18, 1997 as well as the minutes of that meeting The Site and Development Plan and application for conditional rezoning submitted by the petitioner City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 97-3996 by title only. On motion of Vice Mayor Dupree and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 97-3996 on first reading. Commissioner Cardamone requested a listing of all land uses allowed in an RMF-3 Zone District. Mr. Taylor stated that an RMF-3 Zone District is a multiple-family residential zone district in which ALFs are allowed; that higher-density RMF-4, -5, and -6 Zone Districts allow hotel and motel use by special exception; that the Comprehensive Plan would allow the property to intensify from the existing RSF-3 and RMF-2 Zone Districts to the higher RMF Zone District category; however, this request is limited to a rezoning to the RMF-3 Zone District. Commissioner Cardamone stated that other uses are potentially allowed when the Commission approves a conditional rezoning. Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that uses allowed in the RMF-3 Zone District include single-family dwellings, Adult Congregate Living Facilities (ACLF) or ALFS, public parks, public libraries, two-family dwellings, multiple-family dwellings, cluster housing, town. or row houses, multiple-family projects containing a variety of different housing types, parks, playgrounds, private libraries, houses of worship, and day care centers for the elderly as well as various special exception uses. Commissioner Patterson stated that the Fruitville Road property is eligible in the Comprehensive Plan for rezoning to the RMF-3 Zone District; that the zoning being approved at this meeting is tied to BOOK 41 Page 14464 04/21/97 6:00 P.M. BOOK 41 Page 14465 04/21/97 6:00 P.M. a specific Site and Development Plan; and asked if a new Site and Development Plan approval would be required if the usage were to change radically? Mr. Litchet stated yes; that the PBLP and the Commission have the right to require new conditions if a petitioner returns to the City with a different use than previously approved on a Site and Development Plan; that the Building and Zoning Administrator can approve only minor changes and has no authority to waive specific conditions to a conditional rezoning ordinance; that any changes must be returned for PBLP and Commission approval. Commissioner Patterson stated that a new Site and Development Plan submitted for any other project permitted by the Comprehensive Plan in the RMF-3 Lone District will require approval of the same criteria which has been used to evaluate the Site and Development Plan for the ALF. Mr. Litchet stated that is correct. Commissioner Cardamone stated that the zoning change makes the property eligible for other uses even if the Commission is required to approve the changes; that denying approval for a development listed as appropriate under the new zone district would be difficult. Commissioner Patterson asked if denying approval for a rezoned property will be more difficult than for rezoning to a higher-intensity zone district which is eligible for that rezoning in the Comprehensive Plan? City Attorney Taylor stated that a property will be made eligible for additional uses allowable in the RMF-3 Zone District once the property is rezoned from a lower-intensity zone district. Vice Mayor Dupree asked the highest density of RMF Zone District allowed on this property? Mr. Taylor stated that the Comprehensive Plan allows the Fruitville Road property to be rezoned to an RMF-4 Zone District; that only 50 feet of this parcel is currently in an RSF Zone District in which only 5.8 units per acre are allowed; that the RMF-2 Zone District which currently comprises the majority of this property allows the same uses as RMF-3 Zone District; that the intensity changes from 9 units to an acre in an RMF-2 Zone District to 13 units to the acre in RMF-3 Zone District; that the density for the majority of the property is being increased only four units to the acre; that the RMF-4 Zone District would further increase the density to 18 units per acre and allow the opportunity for special exception uses such as a hotel or motel which is not allowed in the RSF-3 Zone District. Commissioner Cardamone stated that a church or day care center could not be built in an RSF-2 Zone District. Mr. Taylor stated that a church or day-care center can be built in any single-family residential zone district by special exception. Commissioner Patterson stated that the developer of an ALF once applied for the right to develop a medical clinic within the proposed facility; that the medical clinic was originally designed to service outside patients as well as residents of the ALF; and asked the zone district in which a full-service out-patient medical clinic is allowed? Mr. Taylor stated that medical clinics in ALF's are only permitted in commercial zone districts; that the Commission directed Staff to review the permitting of medical clinics as an accessory use in ALFS during the Land Development Regulations (LDRs) rewrite; that a medical clinic should be permitted as an accessory use to provide patients within the ALF with infirmary service. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote to pass proposed Ordinance No. 97-3996 on first reading. Motion carried unanimously (5 to 0): Patterson, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3998, PERTAINING TO THE STAY OF THE EXPIRATION OF FINAL SITE AND DEVELOPMENT PLANS OR DEVELOPMENT PLANS PROCESSED AS PART OF A CONDITIONAL REZONING; AMENDING ORDINANCE NO. 96-3955 TO ALLOW THE CITY COMMISSION APPROVAL OF TIME EXTENSIONS APPLICABLE TO SUCH PLANS; SETTING FORTH FINDINGS AS TO THE NEED FOR AND PUBLIC PURPOSE SERVED BY ALLOWING SUCH APPLICATION FOR AN EXTENSION; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-4) #2 (1741) through (1873) City Attorney Taylor stated that proposed Ordinance No. 97-3998 amends Ordinance No. 96-3955 to clarify that petitioners who have an approved site and development plan accompanied by a conditional rezoning and are eligible to request up to an additional two-year extension but have not yet done so may request an extension of the site and development plan approval and continue the existing zone classification for up to an additional two-year period while the stay is pending; that a property owner's agent asserted that the stay prohibited his client from asking for a two-year extension which would otherwise have been allowable; that at the April 7, 1997, regular Commission meeting, the City Attorney was requested to draft the proposed ordinance. BOOK 41 Page 14466 04/21/97 6:00 P.M. BOOK 41 Page 14467 04/21/97 6:00 P.M. Mayor Pillot opened the public hearing. Stephen Rees, Esquire, Icard, Merrill, Cullis, Timm, Furen, & Ginsburg, came before the Commission and stated that he is the agent for Richard J. Reynolds, the property owner to whom the city Attorney previously referred; that he requests the remarks made during a scheduled presentation at the April 7, 1997, regular Commission meeting be incorporated into the record at this proceeding; that the recitals demonstrate a public purpose exists and a good achieved; that the proposed ordinance gives certainty to those who still seek to develop property but who have not yet exercised the present statutory right to request an extension; that the Commission is requested to pass proposed Ordinance No. 97-3998. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 97-3998 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-3998 on first reading. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 97-3998 on first reading. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3999, EXTENDING THE APPROVAL OF THE CITY COMMISSION PERTAINING TO THE DEVELOPMENT PLAN FOR PETITION 94-DPR-0 FOR A PERIOD OF TWO (2) YEARS FROM THE AUTOMATIC EXPIRATION OF SAID APPROVAL; PROVIDING FOR THE CONTINUATION OF THE CONDITIONAL REZONING FROM RMF-2 ZONE DISTRICT TO CRT ZONE DISTRICT, FOR A PERIOD OF TWO (2) YEARS MEASURED FROM THE AUTOMATIC EXPIRATION OF DEVELOPMENT PLAN 94-DPR-0 FOR THE FOLLOWING DESCRIBED PROPERTY: LOTS 15, 16, 17, BLOCK D, CORRECTED PLAT OF GOLF COURSE HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; SETTING FORTH FINDINGS AS TO CIRCUMSTANCES OF THE AUTOMATIC EXPIRATION OF PETITION 94-DPR-0; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (PETITION NO. 94-DPR-0, PETITIONER STEVEN D. REES, ESQUIRE) - PASSED ON FIRST READING (AGENDA ITEM IV-5) #2 (1875) through (2044) Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that proposed Ordinance No. 97-3999 will extend the Site and Development Plan approval granted on May 1, 1995, for Petition No. 97-DPR-Q for the parcel located at the northwest corner of Fruitville Road and East Avenue with a street address of 2075 Fruitville Road for two years from the automatic expiration of said approval and will also continue the conditional rezoning from the Multiple-Family Residential (RMF)-2 Zone District to the Commercial, Residential Transition (CRT) Zone District for two years measured from the automatic expiration of Petition No. 97-DPR-Q; that following detailed discussion of the matter at the April 7, 1997, regular Commission meeting, the Commission requested the proposed ordinance be advertised for public hearing. Stephen Rees, Esquire, Icard, Merrill, Cullis, Timm, Furen, & Ginsburg, came before the Commission and stated that he is the agent for Richard J. Reynolds, the property owner, and Terry Copeland, representing T & W Realty Management, Inc., the pending purchaser of the property; that the Commission is requested to grant a two-year extension due to medical, personal, and financial circumstances which prevented the current property owner from initiating a development after the approval was granted on May 1, 1995; that approval of proposed Ordinance No. 97-3999 will allow the property owner under a contract for purchase scheduled to close on or about May 1, 1997, to provide to the purchaser and to his lender the certainty that the two- year extension will be available; that the Commission is requested to pass the proposed ordinance on first reading. Deputy City Auditor and Clerk Karen McGowan read proposed Ordinance No. 97-3999 by title only. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 97-3999 on first reading. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 15. PRESENTATION RE: REQUEST FOR A NEIGHBORHOOD COMMITTEE TO STUDY TRAFFIC CALMING AND NEIGHBORHOOD IMPROVEMENTS IN THE ARLINGTON PARK NEIGHBORHOOD AREA - REQUESTED EASIBILITY STUDY FOR OVERHEAD BICYCLE/PEDESTRIAN PATH ACROSS U.S. 41 AT WEBBER STREET; REFERRED TO ADMINISTRATION FOR A REPORT BACK REGARDING TRAFFIC CALMING AND NEIGHBORHOOD IMPROVEMENT OF THE AREA LOCATED IN THE CITY FROM BAHIA VISTA STREET TO THE CITY LIMITS SOUTH OF WEBBER STREET AND BETWEEN U.S. 41 AND TUTTLE AVENUE (AGENDA ITEM V) #2 (2410) through (2985) BOOK 41 Page 14468 04/21/97 6:00 P.M. BOOK 41 Page 14469 04/21/97 6:00 P.M. Jack Gadsby, representing the Arlington Park Neighborhood Association, Douglas Jones, and Joseph Moraca, 2183 and 2163 Hibiscus Street, east of U.S. 41, came before the Commission. Mr. Gadsby stated that the Arlington Park Neighborhood Association convened a meeting several weeks ago to address traffic problems; that Sharon Jones who lives in the neighborhood on Hibiscus Street south of Arlington Park was invited to the meeting as residents of her neighborhood have the same concerns regarding traffic volume and speed; that Asim Mohammed, Assistant City Engineer, requested the residents form a committee to address the traffic problems; however, as the Police Department called a meeting recently to form a task force addressing the same concerns, the efforts of residents and the Police Department should be consolidated. Mr. Jones stated that he and Mr. Moraca have just begun to form a neighborhood association to address problems caused by the high traffic volume on East Avenue; that residents are excited about changes which have occurred on the west side of U.S. 41 and desire similar changes on the east side of U.S. 41 from Bahia Vista to Webber Streets between U.S. 41 and Tuttle Avenue; that the traffic in the neighborhood obstructs the ability of children to walk to Southside Elementary School; that walking to Midtown Plaza is nearly impossible; that the 16 residents who attended the first meeting discussed the positive aspects of the neighborhood and recommended improvements to make the streets more distinctive; that median strips are more attractive than speed humps; that the residents are interested in taking an active role in planning and providing public input beneficial to the City. Mr. Moraca stated that he and Mr. Jones live on Hibiscus Street which ends in a cul de sac; that the Commission has recommended conducting area studies for traffic calming measures; that many of the trees are starting to grow and many homes are being improved as a direct result of traffic calming measures installed on Shade Avenue; that the impressive streetscape on Hillview Avenue should be continued across to the east side of U.S. 41; that U.S. 41 is not a pleasant bicycle trail; that traffic calming measures on East Avenue will provide the potential to improve the human scale of traffic throughout the area. Mr. Gadsby stated that the Commission is requested to support the consolidated task force comprised of residents, police personnel and Staff; that guidance from the Code Enforcement, Traffic Engineering, and Police Departments is requested. Mayor Pillot stated that the proposal is extremely positive. Commissioner Cardamone stated that the Arlington Park Neighborhood Association will be expanded into an area including some of the "flower streets" east of U.S. 41; and asked the easternmost boundary? Mr. Gadsby stated that the proposed area extends from Bahia Vista Street south to Webber Street between U.S. 41 and Tuttle Avenue; that portions of the area are located in the County. City Manager Sollenberger stated that the Administration recommends the Commission refer to the Administration the formation of a task force comprised of the Police Department, City Staff, and neighborhood residents in the area from Bahia Vista Street south to Webber Streets between U.S. 41 and Tuttle Avenue, and provide the names of possible task force members. Commissioner Patterson stated that the task force should extend to the City's southernmost boundary. Mr. Gadsby stated that residents south of Webber Street would be welcome. Commissioner Patterson stated that residents of the "flower streets" have been requesting traffic studies. Mr. Jones stated that the intersection at Webber Street and U.S. 41 at Southside School is impossible for children to maneuver during the tourist season; that the feasibility of an overhead bicycle/pedestrian path across U.S. 41 should be investigated. Commissioner Patterson stated that residents in the County whose properties border the City limits should be shown the exemplary manner in which the city provides for residents. On motion * of Commissioner Merrill and second of Commissioner Cardamone, it was moved to refer to the Administration for a report back regarding traffic calming and neighborhood improvement of the area located in the City from Bahia Vista Street to the City limits south of Webber Street and between U.S. 41 and Tuttle Avenue. Commissioner Merrill stated that both code enforcement and traffic calming have been discussed; that a multi-purpose task force may be required or separate committees formed to address each of the various needs of the neighborhood; that the South Sarasota Traffic Abatement Plan west of U.S. 41 was concerned exclusively with traffic abatement; that the Administration and residents can devise a program satisfactory to all parties. Commissioner Cardamone stated that the proposed task force should solicit input from Rob Patten of the Avondale Residents Association, and other residents involved in the South Sarasota Traffic Abatement Plan. BOOK 41 Page 14470 04/21/97 6:00 P.M. BOOK 41 Page 14471 04/21/97 6:00 P.M. Mayor Pillot asked if the Administration proposal will include how the task force may be expanded after consulting with Mr. Gadsby, Mr. Jones, and Mr. Moraca? City Manager Sollenberger stated yes. Vice Mayor Dupree stated that the proposed task force and any neighborhood improvements occurring in areas bordering County properties should be publicized fully to encourage annexation. Mayor Pillot called for a motion to refer to the Administration for a report back regarding traffic calming and neighborhood improvement of the area located in the City from Bahia Vista Street to the City limits south of Webber Street and between U.S. 41 and Tuttle Avenue. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 16. CITIZENS . INPUT CONCERNING CITY TOPICS - REFERRED TO THE ADMINISTRATION FOR A REPORT BACK REGARDING THE RESOLUTION ADOPTED BY THE ST. ARMANDS RESIDENTS ASSOCIATION REGARDING CONSI ERVATION OF THE BARRIER ISLANDS; GRANTED THE CARLSONS 60-DAY EXTENSION REGARDING REMOVAL OF LANDSCAPING COLUMNS; REFERRED TO THE ADMINISTRATION FOR A RECOMMENDATION REGARDING THE ISSUE OF PARKING REQUIREMENTS FOR HOTELS AND DIRECTED STAFF TO RESEARCH LOCAL HOTEL PARKING REQUIREMENTS - (AGENDA ITEM VI) #2 (2987) through #3 (2127) The following people came before the Commission: Cynthia Griffin, Newtown Business District (34234), stated that the proposed closing of Newtown businesses from 2 to 6 a.m. is a concern and a violation of her constitutional rights; that the Sarasota Herald-Tribune reported that the rezoning of properties to the Commercial, Business-Newtown (CBN) Zone District includes the controversial requirement that businesses close between 2 and 6 a.m.; that the requirement is meant to curb the late-night congregation of hundreds of people and drug-dealing in the streets; that businesses in Newtown should not be required to close due to the misbehavior of a few individuals; that drug sales occur throughout the City; that people will not go home and watch television instead of doing drugs simply because the businesses are closed; that the Second Amendment of the U.S. Constitution guarantees the right to congregate peacefully; that the Herald-Tribune reports that only funeral homes, urgent care centers, and churches will be allowed to function 24 hours per day; that discriminating between one business and another is unfair. Ms. Griffin continued that the Herald-Tribune reported that the CBN Zone District will be the only zone district which mandates businesses other than bars to close at a particular time; that Sarasota has already received nationwide coverage as being a segregated City; that the proposed ordinance will segregate the City even more; that drug sales occur on St. Armands Circle, on Lido Key, etc., that she is a recovering alcoholic; that no one knows who is on drugs or is involved in inappropriate behavior; that Newtown businesses should, not be the only ones closed in a futile effort to stop drug sales; that drug dealing will continue; that Newtown is economically depressed and economically segregated; that closing businesses between 2 and 6 a.m. will exacerbate existing problems. Ms. Griffin further stated that she is a teacher of African culture and is world-traveled; that congregating is a part of the African culture; that the constitutional rights of an entire community should not be infringed upon due to the inappropriate behavior of a few individuals; that no place is available for youth activities in Newtown; that the proposed ordinance is believed to be unconstitutional. Mayor Pillot asked for clarification of the constitutionality and status of the proposed ordinance. City Attorney Taylor stated that the ordinance was adopted pursuant to the City's police powers indicating a finding has been made that restrictions on the hours of operation will be imposed in the interest of the public health, safety, and welfare; that the ordinance which underwent a long, involved, tortuous process of approval has now been applied for the first time to specific properties by way of rezonings. Commissioner Patterson stated that businesses in the North Trail (NT) Zone District are required to Close at 11 p.m.; that the types of businesses whose hours of operation are restricted in the - NT Zone District may not be the same type of business as those whose hours of operation are restricted in the CBN Zone District; however, the restrictions were requested by neighborhood residents who helped create the NT Zone District; that five years ago, several Newtown residents attending the meeting at which the rezoning ordinance was introduced requested restricted hours of operation. City Attorney Taylor stated that is correct. Marlow Cook, 444 North Washington Boulevard (34236), distributed a resolution adopted by the St. Armands Residents Association Board of Governors on April 7, 19967, signed by Robert Mathews, Secretary of the Board, and read the resolution which explained that the City of Sarasota is petitioned to take the following actions to resolve a serious problem affecting the entire community: BOOK 41 Page 14472 04/21/97 6:00 P.M. BOOK 41 Page 14473 04/21/97 6:00 P.M. A) Treat the barrier islands as a fragile part of the community in regard to density of population and commercial endeavor; B) Proceed immediately to establish zoning regulations applying specifically to the barrier islands in regard to density of population and commercial endeavor; C) Adopt and conform to the current Sarasota County Zoning regulations in regard to all developmental activities whose primary purpose is to increase the utilization of the barrier islands instead of the mainland metropolitan area where such developments or activities would be more properly located. Commissioner Patterson stated that the Planning Board of Sarasota County refused the request for a special exception for a development on Siesta Key on the principles cited by Mr. Cook; that a fragile balance must be maintained between the barrier island neighborhoods and the existing ecology; that Staff has been requested to review the issue; that uses on Ken Thompson Park are clearly generating traffic; that the City is proud of Mote Marine Laboratory; however, limits exist as to how much development can be absorbed by the barrier islands. Mr. Cook stated that members of St. Armands Residents Association Board of Governors are concerned with the continuing development of activities at Ken Thompson Park by Mote Marine Laboratory; that some activities such as the new boat which carries 48 passengers to cruise the Bay represents an amusement rather than scientific activity. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to refer to the Administration for a report back the resolution adopted by the St. Armands Residents Association Board of Governors on April 7, 1997, regarding conservation of the barrier islands. Motion carried unanimously (5 to 0): : Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Maxine and Allyn Carlson, 371 Bob White Drive (34236). Ms. Carlson stated that a code violation has been cited at their personal residence; that columns constructed in January 1994 as part of a landscape design on either side of their back driveway were partially placed on the City's right-of-way; that a February 3, 1997, letter from the City indicating the existence of a code violation was the first notification that a problem existed; that although several conversations occurred between Mr. Carlson and Staff, the problem has not been resolved; that a 60-day extension to allow time for research is requested; that the City Manager provided a 21-day deferment from March 28 to April 18, 1997; however, they were unavoidably out-of-town on a prior commitment for 14 days during the deferment period; that the Bird Key Residents Association was requested to review the problem; however, the Association did not provide a final analysis of that review until April 17, 1997, the day. prior to the deferment deadline. Ms. Carlson continued that that no objection was raised when her husband wrote a letter to the City Manager requesting the right to request assistance directly from the Commission; that a letter delivered in person by Deputy City Manager Schneider at the beginning of this meeting explains the removal of the columns will be delayed until the issue can be addressed at the May 5, 1997, regular Commission meeting; however, a family obligation prevents her attendance at that meeting; that the Commission is requested to grant a 60-day extension to enable the research necessary to reach an amicable resolution. Mr. Carlson stated that the 60-day extension is requested to allow time to gather the necessary information regarding the installation of the columns. Vice Mayor Dupree asked when the Carlsons received the initial notification that the columns were in violation of the Sarasota City Code? Ms. Carlson stated that the February 3, 1997, letter received from the City referred to a "wall/fence violation"; that her husband and Staff discussed the issue between February 3, 1997, and February 21, 1997, when a second letter was received ordering the removal of the columns within seven days; that further discussions between her husband and the City continued until March 18, 1997, when they were informed the columns would be removed by the City; that a 45-day extension was granted by the City Manager on March 28, 1997; that they requested the Bird Key Residents Association to research the landscaping and column installation; that the gathering of the information requested by the Association in order to complete the research required more time than was allotted by the 45-day extension granted by the City Manager. Vice Mayor Dupree asked the nature of the research? Mr. Carlson stated that in order to provide a report as to whether the columns are a hazard or objectionable in some other way, the. Bird Key Residents Association required all information regarding the permits received in 1994 from the Association and the City, the inspection certificates of the finished landscaping project, all correspondence with the City, and a complete narrative of all recent discussions; that the Association inspected the columns and has provided a letter from the Board of Governors. BOOK 41 Page 14474 04/21/97 6:00 P.M. BOOK 41 Page 14475 04/21/97 6:00 P.M. Vice Mayor Dupree asked the decision reached by the Board of Governors? Mr. Carlson stated that the Bird Key Residents Association perceives no problem with the columns. Commissioner Patterson stated that the letter from the Bird Key Residents Association explains the columns are neither a traffic hazard nor an obstruction of vision; that the President of the Association explained that no position has been taken other than the finding that the columns are not a hazard. Mr. Carlson stated that he would like to respond. Commissioner Patterson stated that a response is unnecessary; that the President of the Bird Key Residents Association informed her of the Association's position; and asked if the Carlsons have a permit from the Bird Key Residents Association specifically for the two columns? Mr. Carlson stated yes. Commissioner Patterson stated that that the answer conflicts with information provided by the President of the Bird Key Residents Association. Mr. Carlson stated that the permits are available for review. Ms. Carlson stated that copies of permits granted from both the Bird Key Association and the City were provided to the Association along with all the other requested information required to complete the Association's report regarding the appropriateness of the columns; that they also have copies of the permits granted from the Association; that the columns are on the right-of-way; however, the code violation was not deliberate; that the columns were placed on either side of the driveway abutting a hedge existing for many years. Commissioner Merrill stated that no immediate safety issue appears evident; that the columns cannot be unsightly or detrimental to property values if the Bird Key Residents Association did not object; and asked if any reason exists for the immediate removal of the columns? City Manager Sollenberger stated that the time extension can be reasonably allowed; that surveys conducted by the City indicate the columns are in the right-of-way; that the City has consistently required removal of walls inadvertently constructed in rights-of-way; that the Administration does not object to the time extension. Commissioner Merrill stated that the City should not risk removing columns when a means may be available to resolve the issue amicably; that the time extension should be granted to allow the process to work fully. Mayor Pillot asked if the Administration has a recommendation? City Manager Sollenberger stated that. the 60-day extension is acceptable; that the position of the Administration is not likely to change; however, the 60 days will provide the Carlsons time to complete the desired research; that the Administration can provide a report to the Commission in the meantime. Vice Mayor Dupree asked if the 60-day extension will make any difference in the final outcome? City Manager Sollenberger stated that the Administration's position is that the columns must be removed; that the Commission could refer the issue to the Administration for a report back. Commissioner Patterson stated that she discussed the issue with Staff who explained the City has the sole administrative right to approve or deny the continued existence of the columns in the right-of-way; that Staff researched the issue and determined the columns must be removed; that a new precedent will be set if the Commission overturns the Staff's decision; that the 60-day extension would appear to be necessary only if litigation is being considered or a report is being prepared to bring back to the Commission to overturn the Administration's decision; that she is curious as to why 60 days are required unless legal action is intended. Ms. Carlson stated that neither the Bird Key Residents Association nor legal counsel expedite tasks in a hurry; however, a letter from the Engineering Department states the columns will be removed by the City on Wednesday, May 23, 1997. Commissioner Patterson stated that the Carlsons should not be required to forego family obligations to appear at the May 5, 1997, regular Commission meeting; and asked why 60 days is required when another regular Commission meeting is scheduled two weeks later on May 19, 1997. Ms. Carlson stated that illness and family obligations have consumed a great deal of time; that the 60-day extension would allow completion of the research necessary to resolve the problem to everyone's satisfaction; that the columns are built into the landscaping and attached to a fence and a gate; that the landscaping will be completely defaced if the columns are moved. Commissioner Cardamone stated that the Commission's role is to establish policy; that code violations are an Administrative rather - than legislative matter; that the reason for the 60-day extension is unclear; and asked if a 30-day extension would be acceptable as a compromise? BOOK 41 Page 14476 04/21/97 6:00 P.M. BOOK 41 Page 14477 04/21/97 6:00 P.M. Mr. Carlson stated that a great deal of money was spent with a landscape architect; that compliance with the permitting processes of both the City and the Bird Key Residents Association was met; that all the money and efforts expended have only led to their appearance before the Commission at this meeting. Commissioner Cardamone asked if the Carlsons have recourse against the landscape architect if the columns were installed incorrectly? Mr. Carlson stated that counsel must be retained to determine the available options; that information must be researched to present a report to the Commission; that time is necessary to accomplish the relevant tasks; that the columns have been installed since 1994; and asked why the columns must be removed with such urgency? Mayor Pillot agreed; that Chief Building Inspector David Waugh's letter to the City Manager through the Deputy City Manager dated today, April 21, 1997, indicates the final inspection of the wall occurred on June 3, 1994; however, the letter also indicates the original landscape plan shows the columns are set back from the curb a minimum of 12 feet; that four of the columns are depicted on the drawing while the other two are noted as typical; that an Administrative decision based on concrete data and regulations is required; and asked the date on which a final decision can be expected? City Manager Sollenberger stated that the Carlsons should be granted a 60-day extension to ensure sufficient time is made available for the necessary research; that the issue should be brought to closure. Mayor Pillot asked when the 60 day extension should begin? City Manager Sollenberger stated that the 60 days should begin immediately. On hearing no objection, Mayor Pillot stated that the Administration's recommendation is accepted and the 60-day extension is granted to the Carlsons effective April 21, 1997. Stephen Rees, Esquire, Icard, Merrill, Cullis, Timm, Furen, & Ginsburg, came before the Commission, distributed a document regarding a proposed development on Lido Key including a letter dated April 21, 1997, to Mayor Pillot, and stated that he represents Flautt, Inc., and Sandcastle Resorts, Inc., which have developed Class A, five-star luxury resort hotels for 20 years; that Sandcastle Resorts, Inc., is currently operating two luxury resorts within the State: the 400-room Sandestin Beach Hilton in Destin and the 250-room Indigo Lakes Holiday Inn Crowne Plaza Golf and Tennis Resort in Daytona Beach. Attorney Rees continued that under Sec. 4-2(a) of the Zoning Code, the Commission may authorize or propose amendments to the Zoning Code; that the Administration has been requested to answer questions regarding density calculations and parking requirements for. a proposed luxury resort hotel on Lido Key where the former Three Crowns Hotel and Lido Beach Inn properties were recently rezoned from the Multiple-Family Residential (RMF)-4 Zone District to the Waterfront Resort (WFR) Zone District; that the 114-dwelling-unit density of the Three Crowns Hotel/Lido Beach Inn properties located in the RMF-4 Zone District was transferred to the current WFR Zone District when the combined parcels were rezoned; that in the RMF-4 Zone District, a special exception may be approved to double the number of allowable units when the land use changes from condominium to hotel use; that the RMF-4 Zone District would have allowed development of 228 hotel units; however, in a letter dated April 2, 1997, Timothy Litchet, Manager of Zoning and Code Enforcement, does hot acknowledge the right of the property owner to double the condominium density in the WFR Zone District to enable development of a 228-unit. hotel. Attorney Rees further stated that 337 parking spaces are required for the. proposed luxury resort hotel in the WFR Zone District; that the City's requirements are more restrictive than many local jurisdictions in the surrounding area and provide only a 25-percent parking credit for the higher percentage of hotel guests using the restaurant, food service facilities, bar, and conference/meeting rooms than the general public; that the national standard allows a 50 to 75 percent parking credit in recognition of the fact that a - luxury resort hotel is utilized more by guests than the general public; that the Sarasota Çity Code makes no accommodation for valet parking which enables the parking of two cars within one space by an employee attendant. Attorney Rees stated further that the proposed luxury resort hotel on Lido Key would be the first new structure meeting all applicable codes under the WFR Zone District; that a study performed by Arthur Andersen, LLP, estimates the proposed hotel will generate $1.25 million in annual tax revenues and 100 to 150 permanent new jobs. Deputy City Auditor and Clerk McGowan informed Attorney Rees that his five-minute time limit has expired. Attorney Rees requested a two-minute continuation. Mayor Pillot stated that upon hearing no objection, Attorney Rees may continue his presentation for two minutes. Attorney Rees stated that adding a sub-paragraph 3 to Sec. 8-212 (c) will allow the density of the dwelling units in an WFR Zone BOOK 41 Page 14478 04/21/97 6:00 P.M. BOOK 41 Page 14479 04/21/97 6:00 P.M. District to double when the land use changes to a hotel use; that the 25 percent credit for off-street parking would be replaced with a 50 percent credit; that valet parking would be defined and the usage regulated through the Site and Development Plan approval process. Attorney Rees continued that the Commission is requested to authorize approval to double the density of dwelling units for hotel units in the WFR Zone District, allow a 50 percent credit for off-street parking, and include accommodations for valet parking as amendments to the Zoning Code; that the Commission is requested to direct the scheduling of the proposed amendments at either the May 7, 1997, or June 4, 1997, meetings of the Planning Board/Local Planning Agency (PBLP). Deputy City Auditor and Clerk McGowan informed Attorney Rees that the two-minute extension of his time limit has expired. Attorney Rees stated that the amendment process could be completed during the summer so that the project, assuming the amendments are approved, could be initiated later in the autumn in preparation for the tourist season. Mayor Pillot stated that the City is being requested to initiate two Zoning Code amendments. City Manager Sollenberger stated that land use and a procedural process are being addressed; that he will not discuss the land use issue; that the recommendation made by Mr. Rees would enable a favorable decision for his clients' project; however, the potential impact on other prospective developments in the City should be reviewed by Staff; that the amount of Staff time and analysis required is not known; that the Administration can return with an analysis on the procedural aspect if so directed by the Commission; that Staff will not take a position regarding the land use. Commissioner Cardamone stated that the Commission voted 4 to 1, herself opposed, to approve the rezoning of the Three Crowns Hotel/Lido Beach Inn combined properties from the RMF-4 Zone District to a WFR Zone District to enable construction of a condominium; that the property owner is now requesting all the advantages of the RMF-4 Zone District which were just eliminated in addition to the major advantages of the WFR Zone District; that she was uncomfortable with rezoning the properties to a WFR Zone District; that the perception existed during the hearings that the City was undergoing a site plan review for a condominium which could become a request for a hotel; that she never imagined the Commission would not only be requested for a change in land use for a hotel but also a reversion to the advantages of the RMF-4 Zone District. Commissioner Patterson stated that Sarasota should not have the most restrictive criteria for hotel parking in the area; that the potential impact of a hotel on Lido Key is a concerni however, upscale hotel space is limited on Lido Key; that a luxury resort hotel on Lido Key may be supported despite the expected controversy.. Commission Patterson continued that the 114-unit density was grandfathered into the WFR Zone District specific to the condominium project; that Mr. Litchet felt the definitions of the Zoning Code had already been stretched to arrive at the density grandfathered in for the Three Crowns Hotel/Lido Beach Inn property; that allowing transfer of the double density grandfathered. for the condominium use to the hotel use will allow more than 50 hotel units per acre; that economics is the driving factor; that the acreage can only support a certain number of units due to erosion or other factors beyond the owner's control; that the amount of money for which the property can be sold as a hotel project is the primary concern; that the request to transfer the ability to double the density is not supported; that the City's parking requirements should be reviewed to determine if the petitioner has raised a valid claim. Vice Mayor Dupree stated that the density increase is a concerni that the parking issue should be referred to Staff. Attorney Rees stated that the result of the last survey of the mean high water line conducted in February 1997. limited the density of a hotel to 213 units; that the two properties could have been - permitted as much as 250 hotel units if the WFR Zone District had been approved before erosion of the beachfront occurred. Attorney Rees continued that the economic realities must be addressed regarding both the market value of the property and the ability of a developer to generate a profit in future revenues; that removing 14 or 15 hotel units from the revenue stream on an annual basis will prevent construction of the project. Commissioner Patterson stated that a five-minute limit is the norm during Citizens Input. Commissioner Merrill stated that Attorney Rees should be responding to specific questions from Commissioners. Mayor Pillot stated that the Commission should instruct the Chair; that a vote of four Commissioners is required to waive the rules; that he previously asked the Commission if there were any objections to continuing the presentation; that he made a decision upon hearing no objection; that he will govern the chair according to the Rules of Procedure and with common sense. BOOK 41 Page 14480 04/21/97 6:00 P.M. BOOK 41 Page 14481 04/21/97 6:00 P.M. Commissioner Patterson stated that the request for the Zoning Code amendments should be referred to the Administration if a consensus exists to do so; that the discussion should end if a consensus does not exist for referral. Mayor Pillot stated that a motion is required to overrule the Chair. Commissioner Patterson stated that speakers under Citizens Input should not be allowed to speak indefinitely. Commissioner Merrill stated that the speaker had requested an additional two minutes. Mayor Pillot stated that the speaker's time is traditionally extended to respond to questions and comments from the Commission. Commissioner Cardamone stated that the record should show that she is not interested in the request for a change in land use and density; that the request concerning parking is not a problem. On motion of Commissioner Patterson and second of Vice Mayor Dupree, it was moved to refer the issue of parking requirements for hotels inclusive of possible accommodations for valet parking to the Administration for a recommendation. Commissioner Cardamone stated that Staff should verify the claim that Sarasota has the most restrictive parking regulations of any jurisdiction in the area. Commissioner Patterson stated that it was the intent that verification of the claim be included in her motion. Mayor Pillot called for a vote on the motion to refer to the Administration for a recommendation the issue of parking requirements for hotels inclusive of possible accommodations for valet parking and to direct Staff to research the parking requirements of other jurisdictions in the area. Motion carried unanimously (4 to 1): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no; Cardamone, yes. Mayor Pillot stated that representatives of the current owners and those of Flautt, Inc., visited him recently; that the City Attorney advised the issue is not governed by the Snyder decision and that he was free to speak to the representatives. City Attorney Taylor stated that is correct; that the issue is approval of amendments to the Zoning Code to change standards and not specific to a rezoning of property. Mayor Pillot asked if the matter has now become a quasi-judicial issue? City Attorney Taylor stated no. Mayor Pillot stated that the representatives of the property presented written data and an oral presentation; that he believes a 228-unit luxury resort hotel would be beneficial for the city. Philip Dasher, 926 Boulevard of the Arts (34236) Chairman of the Sarasota County Bicygle/Pedestrian Committee, : stated that thousands of residents and visitors bicycle within the City both recreationally and as a means of primary transportation; that the Commission is requested to review the devices used as traffic-calming measures; that the speed humps on Orange Avenue are not a problem; however, the rumble strips originally installed and subsequently removed on that street extended into the bicycle lane; that the Sarasota County Bicycle/Pedestrian Committee is drafting the Sarasota County Bicycle/Pedestrian Plan; that the Committee's technical assistance in drafting future traffic-calming programs is offered to the City. Commissioner Cardamone asked if the National Estuary Program has been contacted regarding the bicycle paths on the Heritage Trail? Mr. Dasher stated yes. Jessie Johnson, 919 Goodrich Avenue (34236), stated that parents have lost control of their children; that speakers come before the Commission and claim that closing businesses in Newtown between 2 and 6 a.m. will stop the drug problem; that closing businesses will not solve the problem; that problems have been created all over the nation because parents are not allowed to restrain their children; that instead children are controlling parents; that the parents who use corporal punishment to discipline children risk going to prison; that leaders in the community should confront the problem of minority children who do not attend school; that the laws should be changed; that in California, parents of juveniles who break the truancy law are charged $175 for the first offense; that drug dealers should be put away for life; that leaders must become involved in Newtown; that Newtown is sitting on a time bomb which will detonate if action is not taken. Vice Mayor Dupree stated that he had stated prior to the vote on the CBN Zone District that closing businesses from 2 to 6 a.m. will not deter people from congregating on the street; that parents are the cause of the problem when young children are still on the street at. 3 or 4 a.m.; that parents must take control of their children. Commissioner Merrill stated that parents hesitate to discipline children due to fear of investigation by the governmenti that society's concern for children's safety motivated the laws passed to protect them from abusive parents; that an unintended BOOK 41 Page 14482 04/21/97 6:00 P.M. BOOK 41 Page 14483 04/21/97 6:00 P.M. consequence is that those laws have caused parents to lose control of their children; that the policy of interfering in families to ensure that no child anywhere is abused by a parent requires reexamination; that the world will never be made perfect; that the right balance must be reached between protecting children and falsely accusing parents of harming a child. 17. UNFINISHED BUSINESS: APPROVAL RE: REWIRING OF THE PUBLIC SAFETY BUILDING TO FACILITATE TRANSMISSION OF DATA AND AWARDING BID #97-47 TO TELECOMMUNICATIONS SYSTEMS OF TAMPA - APPROVED (AGENDA ITEM VII-2) #2 (2128) through (2160) City Manager Sollenberger stated that the Administration recommends approving an expenditure of $25,000 from the Paperless Reporting Fund to rewire the Public Safety Building with Category 5 wire designed to handle the special needs of data transmission and to award Bid #97-47 to Telecommunications Systems of Tampa. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 18. NEW BUSINESS: DISCUSSION RE: HOURS OF OPERATIONS FOR OUTDOOR DINING IN CLOSE PROXIMITY TO RESIDENTIAL USES - REFERRED TO THE ADMINISTRATION FOR A RECOMMENDATION REGARDING PROHIBITION OF ANGLED PARKING IN RESIDENTIAL AREAS OF ST. ARMANDS CIRCLE AFTER 10:00 P.M. AND OUTDOOR DINING ADJACENT TO RESIDENTIAL ZONE DISTRICTS THROUGHOUT THE CITY (AGENDA ITEM VIII-1) #3 (2162) through #4 (0171) Commissioner Patterson stated that outdoor dining is currently regulated only by a special exception under certain circumstances, e.g., when the restaurant is located across the street from or abuts residential dwellings; that outdoor dining is allowed all night at the Quay as the residential properties in the Quay Basin are interpreted by Staff as being located across the Marine Park (MP) Zone District rather than abutting or across the street from the establishments at the Quay; that the Quay actually does abut El Vernona Condominiums; that the Zoning Code is currently written to require construction of a six-foot wall around the outside dining area if the Quay were to be considered as abutting residentially zoned property. Commissioner Patterson continued that restaurants in every zone district throughout the City required a special exception for outdoor dining when she first came on the Commission; that each site was reviewed to determine if residents would be disturbed by the proposed outdoor dining; that the Commission subsequently decided that restaurateurs should not have to spend $1,000 and undergo the public hearing process to put tables outdoors for dining; that imposing a distance requirement of 250 feet between the. outdoor dining area and the nearest residential dwelling and prohibiting outdoor dining after midnight may resolve the problem. Mayor Pillot stated that outdoor dining has always been treated as conjunctive with noise problems; that the Commission postponed consideration of the noise ordinance to the May 5, 1997, regular Commission meeting due to the religious observance of Passover; that any topic relating to noise from outdoor dining should not be discussed at this meeting; that the public expected the Commission to postpone discussing the noise issue tonight. Commissioner Patterson stated that outdoor amplified music is the item on the agenda at the May 5, 1997, meeting; that she is only suggesting an hour limitation be imposed on outdoor dining and the issue be referred to the Administration. Commissioner Cardamone stated that she was not aware that outdoor dining required special exceptions in the past. Commissioner Patterson stated that special exceptions were required for years until the restriction was removed from the Zoning Code in certain zone districts. Commissioner Cardamone stated that the PBLP has discussed regulating noise problems by requiring special permits which could be revoked if the establishments did not maintain the restricted decibel level; that a similar special permit could be developed for outdoor dining. Commissioner Patterson stated that a special permit is a separate issue which may be supported; that the City should not interfere with existing outdoor dining establishments; that outdoor dining occurring 250 feet from a residential property should stop at midnight. The following people came before the Commission: Ned Parsekian, 460 North Washington Drive (34236), stated that residents of St. Armands Key who live across the street from Tommy Bahamas Retail and Cafe, a restaurant and retail complex, have a horrendous problem with noise, music, traffic, slamming automobile doors, arguments after the bar closes, etc.; that a 30-foot bar, a large restaurant on the second floor, and a clothing store on the first floor all generate noise and traffic; that the addition of valet parking is expected to increase the noise level; that the peace of adjacent residential dwellings has BOOK 41 Page 14484 04/21/97 6:00 P.M. BOOK 41 Page 14485 04/21/97 6:00 P.M. been ruined by patrons of the open-air dining facility who leave at midnight or later. Commissioner Patterson asked if a special exception is required for establishments located adjacent to residential zone districts? Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that Tommy Bahamas filed for a special exception petition which has not yet been approved by the Development Review Committee (DRC). Commissioner Patterson asked how the establishment can operate without a special exception? Mr. Litchet stated that the open-air dining facility is being operated illegally; that the problem has been addressed in a letter written by the City to Louis Mettler, the owner of Tommy Bahamas. City Manager Sollenberger stated that stronger action should be taken against Tommy Bahamas. Mr. Litchet stated that stronger action will be taken to enforce the Zoning Code. Mr. Parsekian requested clarification of the City's intentions. Commissioner Patterson stated that a special exception is required for outdoor dining under the Zoning Code; that the Planning Board/Local Planning Agency (PBLP) will review at a public hearing the petition for a special exception for outdoor dining submitted by Tommy Bahamas; that Tommy Bahamas is apparently operating the open-air dining facility before receiving approval of the special exception; that the City should take the necessary action to stop the illegal activity. Commissioner Cardamone asked if the special exception is irrevocable under any circumstances? Mr. Litchet stated that a special exception can be revoked if certain restrictions proffered as a condition for approval by the petitioner are violated. Mayor Pillot stated that the special exception has not been approved. Mr. Litchet stated that is correct. Mayor Pillot asked where final approval is vested? Mr. Litchet stated that final approval is vested with the Commission. Commissioner Patterson asked if the neighbors will receive notices regarding the time and date of the PBLP hearing at which the special exception for Tommy Bahamas will be heard? Mr. Litchet stated yes. Commissioner Patterson asked the conditions required for open-air dining facilities which abut or are across the street from residential zone districts? Mr. Litchet stated that in the Commercial, Tourist (CT) Zone District, open-air dining facilities are allowed on private property in connection with restaurants when the property either abuts or is across an intervening street or alley from residentially zoned property with the following conditions: 1. An open-air dining facility located on the side of a building facing residentially zoned property shall be separated by an intervening building or a 6.5-foot-high masonry wall along all sides of the facility; 2: The open-air dining façility shall not be open for business between midnight and 6:00 a.m. Stricter hours of operation may be established by the PBLP or the Commission as a condition of the special exception; and 3. No amplified music or amplified entertainment is permitted with the. outdoor dining. Mr. Litchet stated that Tommy Bahamas, located directly across from residential uses, has filed a petition with the Board of Adjustment for a variance from the requirement in the Zoning Code for a 6.5-foot-high masonry wall. Commissioner Patterson asked if a wall currently exists? Mr. Litchet stated no. Commissioner Patterson asked if the intention of the midnight closing time is that patrons must leave the open-air dining facility at midnight or the last meal, may be served by midnight? Mr. Litchet stated that his opinion is all patrons must leave at midnight. Commissioner Patterson asked how long Tommy Bahamas has operated in violation of the Zoning Code? Mr. Litchet stated that the violation was discovered approximately one week ago; that Mr. Mettler was sent a letter explaining that the submission of a petition for a special exception does not authorize the establishment to operate an open-air dining facility; that Staff has met with a representative of The ADP Group, the owner's agent in the land use matter. Vice Mayor Dupree asked if the absence of a wall is the only violation? BOOK 41 Page 14486 04/21/97 6:00 P.M. BOOK 41 Page 14487 04/21/97 6:00 P.M. Mr. Litchet stated that Tommy Bahamas has violated the Zoning Code by placing seating outside on the second-floor balcony; that the other requirements must be met or a variance from the requirements secured to obtain a special exception. Commissioner Cardamone asked if outdoor amplified music is played at Tommy Bahamas? Mr. Litchet stated that music is not played outside; that amplified speakers originally placed in the open-air dining facility have since been removed; however, music can be heard from within the indoor restaurant through the sliding glass doors separating the indoor and outdoor dining areas. Mayor Pillot stated that Mr. Litchet and the City Manager have confirmed the City will take stronger action against the violations; that the final decision to permit or deny the outdoor dining will be made by the Commission. Maryanne Maier, 259 John Ringling Boulevard (34236), displayed a drawing of the neighborhood surrounding Tommy Bahamas, and stated that she has lived on St. Armands Key for six years; that no problems existed prior to the opening of Tommy Bahamas in February 1997; that her home is diagonally across the street from Tommy Bahamas; that residential dwellings line the streets throughout the vicinity of the establishment; that vehicles are allowed to park along the streets on which residential dwellings are located as well as in angled parking spaces along the medians on John Ringling Boulevard; that patrons of Tommy Bahamas congregate on the medians until 1:00 a.m., laughing, singing, etc., and then slam the doors of their vehicles, honking horns, etc. Ms. Maier continued that outside dining is strongly opposed; that patrons will not leave until 11:30 p.m. or later even if the restaurant stops serving at 10:00 p.m.; that the current noise level is unbearable; that music from the band playing inside the restaurant escapes through the sliding doors; that the Commission is requested to make the barrier islands peaceful and beautiful for the residents and visitors. Commissioner Patterson stated that the Commission has never approved the open-air dining facility at Tommy Bahamas. Ms. Maier asked if the Commission approved the restaurant's right to operate indoors? Commissioner Patterson stated that the restaurant has the right to operate; however, the open-air dining facility is not permitted; that Tommy Bahamas has applied for a special exception to permit outdoor dining; that the information presented to the Commission should be presented to the PBLP at the hearing for the special exception. Ms. Maier stated that she will be out of town for the May 1997 PBLP public hearing but a neighbor who lives directly across the street from Tommy Bahamas will attend on her behalf. Commissioner Patterson asked if the angled parking has always extended into the residential area? Ms. Maier stated that the City began permitting angled parking in front of the residential dwellings approximately three years ago. Commissioner Merrill stated that angled parking in the residential areas could be prohibited after 10:00 p.m. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to refer to the Administration the proposal to eliminate angled parking in the residential sections of St. Armands Circle after 10:00 p.m. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Philip Dasher, 926 Boulevard of the Arts, (34236), President, Marina Suites, 888 Boulevard of the Arts Residents Association, stated that residents of the area surrounding the Quay Basin have never objected to outdoor dining which ceases between 10 and 11 p.m. but have objected to outdoor drinking which continues until 2:30 a.m.; that proposed Ordinance 97-3993 regulating outdoor amplified noise and providing a 250-foot distance requirement from residential dwellings will resolve the problems in the Quay Basin area; that Nick's Italian Restaurant on the Water does not cause any problems; that patrons of Michaels Seafood Grille which becomes a discotheque at 10:30 p.m. continue to drink at the outdoor tables; that the Commission is requested to consider placing restrictions on hours of operation for outdoor dining; that a midnight closing time is not a problem. Commissioner Cardamone asked how late liquor can be served? City Attorney Taylor stated that State law allows the sale of liquor until 2:00 a.m. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to refer to the Administration for a recommendation the possibility of requiring outdoor dining within 250 feet of a residential dwelling cease at midnight. Vice Mayor Dupree stated that outdoor drinking appears to be the primary problem. Commissioner Patterson stated that patrons linger over drinks long after establishments stop serving food; that the City should BOOK 41 Page 14488 04/21/97 6:00 P.M. BOOK 41 Page 14489 04/21/97 6:00 P.M. require all patrons sitting at outside tables at midnight move indoors; that the requirement will apply only to those few facilities located 250 feet or less from residential properties. Commissioner Cardamone stated, for example, that Churchill's Bar and Restaurant on Osprey Avenue will be restricted and people will not be able to eat chicken wings on the street in Newtown. Commissioner Merrill stated that the distance requirement can be reduced if intervening buildings exist between the open-air dining facility and residential dwellings. Commissioner Patterson stated that Mr. Litchet has ruled outdoor amplified music is a natural accessory to outdoor dining; that repercussions all over the City can be expected the first time music is played at the open-air dining facility at Churchill's Bar and Restaurant. Mayor Pillot stated that the motion will not be supported; that the Commission has just undertaken a highly unusual process; that the agenda states only that Commissioner Patterson requested a discussion of hours of operation for outdoor dining; that the public input was qualitatively superb and quantitatively limited; that referring the matter to the Administration for review of the hours of operation would be appropriate; however, restricting establishments to a midnight closing time and to request the City Manager to review the specific restrictions for a recommendation is inappropriate; that the item has been brought before the Commission late in the meeting with incomplete information. Commissioner Patterson stated that the specifics relating to distance and time requirements could be removed from the motion and the overall issue of outdoor dining referred to the Administration for a recommendation. Commissioner Merrill, the seconder of the motion, agreed to the removal of specifics from the motion. Mayor Pillot restated the motion as to refer outdoor dining to the Administration for a recommendation and called for a vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. 19. NEW BUSINESS: DISCUSSION RE: CONSIDERATION OF AN INCREASE IN OCCUPATIONAL LICENSE FEES APPROVED PREPARATION OF A REVISED OCCUPATIONAL LICENSE ORDINANCE INCLUDING A 5 PERCENT INCREASE IN FEES (SEE ITEM NO. 23): DIRECTED THE ADMINISTRATION TO REPORT BACK REGARDING VARYING PERCENTAGE INCREASES FOR FEE CATEGORIES (AGENDA ITEM VIII-2) #4 (0180) through (0602) City Manager Sollenberger stated that in 1993 the Florida Legislature passed the Dudley Bill, which was the first significant legislation regarding occupational licensing that had been passed in 20 years; that the main provisions allowed for changes in occupational license fees based on recommendations from an appointed equity study committee and an established formula which limited the overall change in occupational license revenues to 10%; that municipalities which took advantage of the provision are allowed to consider an increase of up to 5 percent for occupational license fees every two years; that in 1995 the Commission passed Ordinance No. 95-3894 which adopted a new occupational license fee scheduled in accordance with the State provision; that a 5% increase in occupational license fees would produce additional revenue estimated at approximately $22,750; that the Administration is recommending preparation of a revised occupational license ordinance that includes a 5% increase for all fee categories. Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission. Commissioner Cardamone asked if a 5% increase in all occupational license categories is required? Mr. Litchet stated that certain categories can be selected for the 5% increase. Commissioner Patterson stated that the range of increase is from 0 to 5% for each fee category. City Attorney Taylor stated that is correct. Commissioner Cardamone cited the following items and fees from the Proposed Revised License Schedule listed in Ordinance No. 95-3894: (4) Automobile Garage and Filling Station - when more than six (6) persons are employed $123.00 (5) : General automobile dealers, permitting sale of new or used cars, repair or replacement parts and operation of repair department $163.00 (8) Banks and Savings and Loan Associations C. 101 or more employees per location $330.00 (34) Insurance Companies - all kinds, each company with its principal office, or maintaining an agency, or doing business within the City $100.00 (37) Merchants, Wholesale and Retail with annual average inventory stock of: h. $75,001 to $100,000 $400.00 BOOK 41 Page 14490 04/21/97 6:00 P.M. BOOK 41 Page 14491 04/21/97 6:00 P.M. (44) Professions - Those who practice their profession as a professional association (P.A.) or as an employee, associate partner or otherwise are each individually required to be licensed. $ 58.00 (49) Restaurants, Drive-in Restaurants, Cafeterias, or Dining Room e. Seating more than one hundred (100) $195.00 Commissioner Cardamone stated that physicians and attorneys pay $58 annually to practice in the City of Sarasota regardless of the size of their practice or the number of employees; that the fees paid by a small retail business are much higher than those paid by automotive sales and repair businesses; that insurance companies pay only $100 regardless of the number of employees; that inequities remain in the fee schedule; that the fees charged should correlate with the impact a business has on the community; that increasing fee categories only for businesses which have major impacts on the City should be considered. Commissioner Patterson stated that the Consumer Price Index (CPI) raises by at least 5% every two years; that she agrees some fee categories compared to others are overcharged; that identifying categories in which the fees should not be increased and applying the 5% increase only to the remaining categories may be a more effective approach in attempting to correct the inequities; and asked if such a proposal would require reconvening the Equity Study Committee? Mr. Litchet stated that achieving total equity under the provisions of the State legislation is not possible; that a process to perform additional review could be developed or the Administration could make recommendations if the Commission chooses not to approve a 5% across-the-board increase; that Commission guidance would be necessary regarding the manner in which impacts of businesses should be judged. Commissioner Patterson stated that Commissioner Cardamone, who has reviewed the issue extensively, could be requested to discuss the impacts with the Administration for a report back. Vice Mayor Dupree asked if the Commission has the ability to adjust the rates in each fee category in an attempt to achieve equity? Mr. Litchet stated no; that the range of change is limited to 5% for each category. Commissioner Patterson stated that a 50% change in ratio will result after twenty years if fees for certain businesses are increased by 5% every other year. Mayor Pillot requested the Administration's recommendation. City Manager Sollenberger stated that the Administration's recommendation may not be reflective of the Commission discussion but proposes preparation of a revised occupational license ordinance that includes a 5% increase in occupational license fees. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to approve the Administration's recommendation. Commissioner Cardamone stated that a 5% increase on the fee for an insurance company is $5; that a 5% increase on the fee for a small retail business is $20; that inequities will continue to move forward if the 5% increase is applied to all fee categories; that late receipt of information limited the Commission's ability to address the inequities in 1995; that adopting Ordinance No. 95-3894 upon presentation was required to meet the State deadlines for submittal; that an attempt was made to address some of the inequities, e.g., addressing barbershops and beauty salons similarly and adding an increased fee category for large retail establishments; however, many of the inequities remain; that a 5% across-the-board increase will make the inequities worse; that, in addition, the fees should reflect the volume of business generated. Mayor Pillot called for a vote on the motion. Motion carried (3 to 2): Cardamone, no; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. Mayor Pillot stated that he voted in favor of the motion because a 5% increase in all fee categories is not required. Commissioner Patterson stated that the motion approved a 5% increase for all fee categories. Mayor Pillot stated that some of the inequities could be improved, e.g., by increasing fees for small businesses by zero and for automobile dealerships by 5%; that allowing increases between 0 and 5% for each of the fee categories within the parameters discussed was viewed as inherent in the motion. Commissioner Merrill stated that was the intent of the motion. City Manager Sollenberger stated that the Administration could report back with a recommended procedure for varying increases on the fee categories. Mayor Pillot stated that hearing no objections, the Administration is directed to report back regarding percentage increases for each fee category. BOOK 41 Page 14492 04/21/97 6:00 P.M. BOOK 41 Page 14493 04/21/97 6:00 P.M. 20. NEW BUSINESS: DISCUSSION RE: ROADWAY IMPACT FEES FUNDING PRIORITIES - APPROVED PROJECTS PRIORITIES IN FOLLOWING ORDER: 1) TWO-LANE 17TH STREET, U.8. 41 TO ORANGE AVENUE, 2) CITYWIDE BICYCLE LANES, 3) FOUR-LANE 12TH STREET, TUTTLE AVENUE TO BENEVA ROAD, 4) FOUR-LANE LOCKWOOD RIDGE ROAD, FRUITVILLE ROAD TO 17TH STREET (AGENDA ITEM VIII-3) #4 (0608) through (1863) Asim Mohammed, Assistant City Engineer, came before the Commission and stated that the Sarasota County Department of Transportation has requested the City prioritize transportation projects using impact fees collected within the City. Commissioner Cardamone asked the amount of impact fees collected within the City? Mr. Mohammed stated that a total of $1.3 million in impact fees has been collected in the City since adoption of the interlocal agreement with the County; that $200,000 was allocated to the Bay Road/Osprey Avenue Project; that the fund balance is at $819,000; that the difference may have funded the County's administrative fees. Mr. Daughters stated that the data received does not account for $320,000; that the Administration is not aware of other funded projects; that a detail accounting of City impact fees will be obtained from the County and provided to the Commission. Commissioner Patterson stated that $320,000 of $1.3 million is 25%, which is excessive for an administrative fee. Mr. Mohammed referred to and explained the following priorities established by the Commission in February 1995 and Staff recommendations for the next five years: Current Proposed Lockwood Ridge Road, Fruitville Road to 17th Street: widen to four lanes 7 2 Myrtle Street, U.S. 41 to U.S. 301, two lane improvements (not widen) 2 1 17th Street, U.S. 41 to Orange Avenue, two lane construction. N/A ? Orange Avenue, 10th to 17th Streets: widen to 4 lanes 6 4 Bay Road/Osprey Avenue: turn bays 1 N/A Citywide bicycle lanes 3 5 12th Street, Tuttle Avenue to Beneva Road: intersection improvements 5 3 Mr. Mohammed stated that the Bay Road/Osprey Avenue Project is under design; therefore, improving Myrtle Street is now recommended as the #1 priority project; that widening Lockwood Ridge Road to four lanes is recommended as the #2 priority based on an expressed eagerness by the Commission to have that roadway improved. Commissioner Patterson stated that people addressed the Commission regarding widening Lockwood Ridge Road; however, she does not recall the Commission's expressing an eagerness to do that. Commissioner Cardamone stated that the Commission expressed an eagerness to have the County address pedestrian access on the portion of Lockwood Ridge Road near Orchid Place of Sarasota. Vice Mayor Dupree asked the extent of the improvements proposed for Lockwood Ridge Road? Mr. Mohammed stated that the project would include sidewalks, bicycle paths, and four-laning the roadway from Fruitville Road to 17th Street. Mr. Mohammed stated that the roadway segments outlined as project priorities are designated as follows in the 1989 Comprehensive Plan: Lockwood Ridge Road 2 lanes Myrtle Street 2 lanes 17th Street 4 lanes Orange Avenue 4 lanes Bradenton Road 4 lanes 12th Street 4 lanes Mr. Mohammed'stated that Bradenton Road is recommended as #6, the lowest priority, based on Commission discussions and neighborhood concerns regarding widening that road; that direction from the Commission would be necessary to remove the project from the list of impact fee project priorities; that Bradenton Road is designated as four lanes on the City's Thoroughfare Plan but was recommended as a two-lane roadway in the Evaluation and Appraisal Report (EAR).; that the Commission approved inclusion of Bradenton Road as a four-lane roadway in the Sarasota-Manatee Metropolitan Planning Organization (MPO) 2020 Plan; that the issue could be resolved during the Comprehensive Plan Update process, at which time detailed information will be presented. BOOK 41 Page 14494 04/21/97 6:00 P.M. BOOK 41 Page 14495 04/21/97 6:00 P.M. Mr. Mohammed continued that Sarasota County has hired a consultant to perform a preliminary design report for Myrtle Street; that the County plans to improve Myrtle Street in the year 2000, at which time a detailed study on actual traffic needs in the area will be performed. Mr. Daughters stated that the Sarasota Airport Authority Development of Regional Impact (DRI) requires Bradenton Road be widened when the capacity deteriorates below the adopted level of service (LOS). Mr. Mohammed stated that the Airport Authority has been requested to remove the referenced condition from the DRI; that the Commission will have several opportunities in the next few years to make a decision regarding Bradenton Road; that information presented in the future in terms of projected demands, traffic, and other neighborhood issues will allow the Commission to make a more informed decision. Commissioner Cardamone stated that the provision in the DRI to upgrade Bradenton Road may not be an issue based on projects the Airport Authority has planned; that a report she received which outlined the Airport Authority's plans was forwarded to the City Manager. Commissioner Cardamone asked the relevance of the County's plans to the City's decision regarding Bradenton Road? Mr. Daughters stated that the County most likely will not be involved in a project to improve Bradenton Road; that, occasionally, the County takes the lead on a project which will utilize impact fees and Intermodal Surface Transportation Efficiency Act (ISTEA) funding. Mr. Mohammed stated that the County will expend impact fees and hire a consultant to perform a traffic analysis in the area before Myrtle Street is constructed. Mr. Mohammed continued that the County previously informed the City that impact fees could not be used to fund bicycle lanes; however, the City disagrees and recommends Citywide Bicycle Lanes as the #5 priority. Mr. Mohammed stated further that widening 12th Street from Tuttle Avenue to Beneva Road to four lanes has been included as a project on the MPO schedule after the year 2010; that Staff is recommending intersection improvements on 12th Street at Lockwood Ridge Road and at Tuttle Avenue in the interim and as the Commission's #3 impact fee priority. Commissioner Patterson stated that at the March 13, 1997, Joint City/County Commissions meeting, both staffs were directed to review and . report back with a joint recommendation regarding improvements to 17th and Myrtle Streets; and asked for a progress report on that issue. Mr. Daughters stated that the County has issued a Request for Qualifications (RFQ) of consultants to prepare a preliminary study on Myrtle Street to determine whether two lanes or four lanes are necessaryi that comments made by both Commissions at the joint meeting regarding 17th Street will be taken into consideration when the study is performed; that the County has determined impact fees can be used to fund the study. Commissioner Patterson asked if the possibility of constructing 17th Street as two lanes from Orange Avenue to U.S. 41 will be considered when the study is performed? Mr. Mohammed stated that constructing 17th Street has not been discussed with the County as further direction from the City Commission is necessary. City Commissioner Dupree stated that he resides on 17th Street; that the former proposal to four-lane 17th Street from U.S. 301 through to U.S. 41 required acquisition of residential properties located on one side of the street; that the compensation offered for the properties was not viewed as adequate to construct or purchase homes of similar size; therefore, the proposal was strongly opposed; that two-laning 17th Street from Orange Avenue to U.S. 41 would not receive as much opposition. Commissioner Patterson stated that lack of through access on 17th Street has also been raised as a crime issue. Commissioner Merrill stated that he would not object to widening Lockwood Ridge Road, which would add character to the area; however, traffic constraints and congestion as reported to the Commission have not been viewed; that extending 17th Street would enhance mobility within the community; that Myrtle Street, Orange Avenue, and Bradenton Road are unattractive and need to be rebuilt; however, he disagrees from a planning perspective with four-laning Orange Avenue from 10th to 17th Streets; that an interesting, mixed residential neighborhood exists on Orange Avenue to the north of 17th Street; that Orange Avenue to the south of 10th Street is two lanes through the Gillespie Park neighborhood and Downtown; that four-laning the proposed section of Orange Avenue would negatively affect the road segments to the north and south; that the existing character of Orange Avenue should be maintained; that upgrading and providing for a turn lane could be considered for the section between 10th and 17th Streets; however, four-laning Orange Avenue should not be pursued; that rebuilding Bradenton Road, which is primarily a residential area, as a two-lane or three-lane roadway is BOOK 41 Page 14496 04/21/97 6:00 P.M. BOOK 41 Page 14497 04/21/97 6:00 P.M. supported; that Bay Road is being constructed as three lanes, which has allowed the character of the area to be maintained; that 12th Street abuts but does not face residential uses; therefore, four-laning 12th Street between Tuttle Avenue and Beneva Road can be supported. Commissioner Merrill continued that impact fees can be used only for capacity-related projects; that 12th Street, Lockwood Ridge Road, and 17th Street are viewed as capacity-related projects; that Myrtle Street, Bradenton Road, and Orange Avenue, as two- lane roadways, are "capacity" improvements which will also improve the character of an area; that consideration should also be given to rebuilding East and Lime Avenues; that East Avenue which is surrounded by residential dwellings lacks sidewalks and provides no sense of character to the neighborhood; that the City should focus not only on moving traffic but also on enhancing and developing neighborhoods by retaining scale and character on back roads; that the improvements to Osprey Avenue and Hillview Street have created an interesting area which has strengthened surrounding neighborhoods. Commissioner Cardamone stated that she agrees with preserving and making neighborhoods more interesting; that Bradenton Road and Myrtle Street is the major intersection in a neighborhood attempting to revitalize; that partnering the improvements to both streets should be considered; that addressing the streets separately and years apart seems counterproductive to making a big statement at one time; that hopefully the City will prevail in the debate with the County regarding use of impact fees for bicycle lanes; that four-laning Orange Avenue should be removed from the list of priorities; that exploring the effects of extending 17th Street is supported. Mr. Daughters stated that the use of impact fees is limited to performing studies on the roadways; that alternative funding sources will be required to construct the projects proposed. Mr. Mohammed stated that neighborhood enhancing projects do not qualify as capacity improvements; therefore, Federal funding and impact fees could not be used; that enhancement funds, which are scarce and rarely available, were used for the Osprey Avenue/Hillview Street Project. Commissioner Patterson asked why two-laning Myrtle Street is recommended as the #1 priority if enhanced capacity is a requirement for use of impact fees? Mr. Mohammed stated that the County is planning to construct Myrtle Street as two lanes but intends to acquire right-of-way sufficient to construct a four-lane roadway in the future. Commissioner Patterson stated that she feels widening Myrtle Street became an issue when the City rejected the proposal to four-lane 17th Street; that including Myrtle Street as an MPO priority retained a project in a position for potential funding; that the original intent was to convince the County to approve Myrtle Street as a substitute for 17th Street; that, subsequently, the City determined that Myrtle Street should not be four-laned; that four-laning Myrtle Street may become a moot issue if capacity is provided by extending 17th Street, which is why she continues to link the two projects. Mr. Mohammed stated that a funding source would have to be identified to two-lane 17th and Myrtle Streets. Commissioner Patterson stated that 17th Street is a #50 MPO priority project; that support from the County Commission to move 17th Street up on the MPO list may be achievable if the City proposes extending 17th Street from Orange Avenue to U.S. 41. Mr. Mohammed stated that City funds would be required to construct an extension of 17th Street; that the County could allocate impact fees only for the study. Commissioner Patterson stated that MPO funding could be used to fund the 17th Street project. Commissioner Merrill asked why the City's priority projects are ranked differently on the Impact Fee and MPO lists? Mr. Mohammed stated that the MPO list is based on technical criteria oriented towards capacity improvements; that utilizing a similar criteria for use of impact fees would not be appropriate. Commissioner Merrill stated that using impact fees for non-MPO projects or developing similar priorities- for both lists should be considered. Commissioner Patterson stated that projects for which impact fees have been allocated to complete engineering and design work move forward on the MPO list more quickly. Mr. Mohammed stated that the status of a project is one of the criteria used to rank MPO priority projects; that allocating impact fees toward a project shows a commitment to complete a project.- Commissioner Merrill stated that allocating funds to design a project for which construction funds have not been identified seems like a disjointed process; that allocating impact fees only for MPO priority projects should be considered if the goal is to achieve MPO funding. BOOK 41 Page 14498 04/21/97 6:00 P.M. BOOK 41 Page 14499 04/21/97 6:00 P.M. Mr. Daughters stated that the alternative referenced could be considered; that the impact fee fund balance could be applied to one project. Commissioner Merrill stated that perhaps that one project could be U.S. 301 from 10th Street to University Parkway. Mr. Mohammed stated that the City's impact fees should not be allocated for a project on U.S. 301, which is a State roadway; that the estimated cost of the U.S. 301 Project is approximately $65 million; that portions of the roadway are in the County. Commissioner Patterson suggested the following changes in the impact fee project priorities: #2 17th Street, U.S. 41 to Orange Avenue, two lane construction #4 Lockwood Ridge Road, Fruitville Road to 17th Street: widen to four lanes #7 Orange Avenue, 10th to 17th Streets: widen to 4 lanes Commissioner Cardamone suggested combining and making the Bradenton Road and Myrtle Street projects the #1 priority; that the two projects should be addressed together; that Bradenton Road may not be widened to a four-lane road but should be resurfaced and improved with curb and gutters and sidewalk. Commissioner Patterson asked if the suggested project for Bradenton Road would qualify for use of impact fees? Mr. Daughters stated no. Commissioner Patterson stated that projects for which impact fees cannot be utilized should be removed from the list of roadway impact fee project priorities. Commissioner Merrill stated that purchasing right-of-way for future four-laning of Myrtle Street may not be supported; therefore, Myrtle Street should not be the City's #1 priority. Commissioner Patterson stated that funding to improve Myrtle Street should be allocated in the City's Capital Improvement Program (CIP). Mr. Daughters stated that the roadway impact fee funding would simply pay for the study to determine if Myrtle Street should be two lanes or four lanes. Commissioner Patterson stated that Myrtle Street could be supportéd as a priority project if paired with a study of 17th Stréet. Mr.' Daughters stated that the City could force that consideration. Mr. Mohammed stated that the projects which the Commission will not support should be removed from the list; that the Administration could then focus "on achieving the highest position on the MPO list for the remaining projects. Mayor Pillot asked if there is support to combine Myrtle Street and Bradenton Road as a priority project? Commissioner Patterson stated that Myrtle Street and Bradenton Road should be removed from the list based on Mr. Mohammed's statement. Commissioner Merrill agreed. Mayor Pillot asked if there is support to remove Orange Avenue from the roadway impact fee priority list? Commissioner Cardamone stated that the project should be removed if four-laning Orange Avenue is not supported. Commissioners Merrill and Patterson agreed. Commissioner Patterson suggested the following project priorities: #2 Citywide bicycle lanes #3 12th Street, Tuttle Avenue to Beneva Road: intersection improvements On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve the following projects as roadway impact fee priorities: #1 17th Street, U.S. 41 to Orange Avenue, two lane construction #2 Citywide bicycle lanes #3 12th Street, Tuttle Avenue to Beneva Road: intersection improvements # 4 Lockwood Ridge Road, Fruitville Road to 17th Street: widen to four lanes Commissioner Patterson stated that the intent to two-lane, not four-lane, 17th Street should be made crystal clear in the documentation forwarded to the County. BOOK 41 Page 14500 04/21/97 6:00 P.M. BOOK 41 Page 14501 04/21/97 6:00 P.M. 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. Mayor Pillot stated that the time is now 11:30 p.m.; that a motion is necessary to continue the meeting. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to extend the meeting to complete the agenda. Motion failed (3 to 2): Cardamone, yes; Dupree, yes; Merrill, no; Patterson, yes; Pillot, no. Mayor Pillot stated that the motion failed since a two-thirds vote of the Commission is necessary to extend the meeting. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to extend the meeting for 15 minutes. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 21. NEW BUSINESS: DISCUSSION RE: ESTABLISHMENT OF PRIORITIES FOR MPO FUNDED PROJECTS - APPROVED ST. ARMANDS DRAINAGE IMPROVEMENTS, U.S. 41/GULF STREAM AVENUE INTERSECTION IMPROVEMENTS, AND TRAFFIC SIGNAL ON KEN THOMPSON PARK AT STATE ROAD 789 AS NEW MPO PRIORITIES; DIRECTED ADMINISTRATION TO PREPARE THE MPO PRIORITY LIST REFLECTIVE OF THE COMMISSION'S DISCUSSION (AGENDA ITEM VIII-4) #4 (1863) through (2101) Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Daughters stated that all projects proposed for funding by the Florida Department of Transportation (FDOT) and the Sarasota- Manatee Metropolitan Planning Organization (MPO) require Commission approval prior to consideration by the MPO's Technical Advisory Committee for inclusion in FDOT's Five Year Plan. Mr. Daughters referred to and explained the following MPO Transportation project priorities and new project priorities recommended by Staff: MPO Priorities #11 10th Street to University Parkway #13 Myrtle Street, U.S. 41 to 17th Street: (improve, not widen) #18 Lime Avenue., Fruitville Road to 17th Street 17th Street: widen to 4 lanes #21 Lockwood Ridge Road, Fruitville Road to 17th Street: widen to 4 lanes #26 Bahia Vista Street, U.S. 41 to Tuttle Avenue: widen to 4 lanes #32 12th Street, Tuttle Avenue to Beneva Road: widen to 4 lanes #50 17th Street U.S. 41 to U.S. 301 Recommended Project Priorities Orange Avenue, 10th Street to 17th Street: widen to 4 lanes St. Armands Drainage Improvements U.S. 41/Gulf Stream Avenue intersection improvements Traffic signal at Ken Thompson Parkway at SR 789 Commissioner Merrill stated that widening Bahia Vista Street could destroy the surrounding area; that the transition on Bahia Vista Street at Tuttle Avenue, which indicates a smaller scale and tighter streets upon entrance into the City, is viewed as appropriate; that the issue is debated in the neighborhood; however, he is not convinced four-laning Bahia Vista Street is necessary. Commissioner Patterson stated that her position could change; however, she tends to support widening Bahia Vista Street. Commissioner Cardamone stated that a large residential section exists on Bahia Vista Street from Pinecraft to Sarasota High School. Commissioner Patterson stated that existing Bahia Vista Street is an extremely wide roadwayi that the acquisition of right-of-way required to construct a four-lane roadway with turn bays may be minimal; and requested a report back from the Administration regarding the specifics of the project. Mr. Daughters stated that the information will be obtained and forwarded to the Commission; that the City will have input on the project; however, Bahia Vista Street is under County jurisdiction. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to: 1) eliminate four-laning Orange Avenue, 10th to 17th Streets, from consideration, 2) approve the remaining three recommended priority projects, and 3) direct the Administration to report back with a list of MPO priority BOOK 41 Page 14502 04/21/97 6:00 P.M. BOOK 41 Page 14503 04/21/97 6:00 P.M. projects reflective of the discussion held and decisions made under New Business, Item No. VIII-3. Commissioner Patterson stated that widening Lime Avenue, which is included as an MPO priority project, is an issue which may require discussion. Vice Mayor Dupree stated that the existing right-of-way is not sufficient to widen Lime Avenue. Commissioner Merrill stated that four-laning Lime Avenue would be a mistake. Commissioner Cardamone agreed; and stated that Lime Avenue residents appeared before the Commission expressing opposition to four-laning Lime Avenue. Mr. Mohammed stated that retaining projects on the MPO priority list will provide flexibility for the Commission to substitute projects in the future as MPO funds will essentially be dedicated to the City. Commissioner Merrill stated that substituting Lime Avenue with one of the new priorities, e.g., St. Armands Drainage Improvements should be considered; that Lime Avenue should be rebuilt but as a three-lane roadway. Commissioner Patterson asked if Lime Avenue can be changed from a road widening to a road-rebuilding project? Mr. Mohammed stated that rebuilding Lime Avenue would not improve capacity; therefore, would not receive a high ranking on the MPO list. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to amend the motion to strike on the MPO priority list Lime Avenue, Fruitville Road to 17th Street, and add St. Armands Drainage Improvements. Mr. Mohammed stated that the Commission cannot substitute projects on the MPO priority list simply by making a motion. The motion to amend was withdrawn by the maker, Commissioner Merrill, and the seconder, Commissioner Patterson. Mayor Pillot called for a vote on the main motion to: 1) eliminate four-laning Orange Avenue, 10th to 17th Streets 2) approve the remaining three recommended priority projects, and 3) direct the Administration to prepare the list of MPO priority projects reflective of the Commission discussion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that Commission consideration of the MPO priority projects occurs annually at or after 11:30 p.m.; that the item should be addressed earlier in the meeting. Commissioner Patterson agreed. 22. OTHER MATTERS - RECONSIDERED VOTE TAKEN UNDER UNFINISHED BUSINESS ITEM NO. VII-2; DIRECTED THE ADKINISTRATION TO REVIEW AND REPORT BACK WITH A RECOMMENDATION REGARDING INCREASES BETWEEN 0 AND 5% FOR EACH OF THE OCCUPATIONAL LICENSE CATEGORIES #4 (2101) through (2185) Deputy City Auditor and Clerk McGowan stated that the 3 to 2 vote taken under Unfinished Business, Item No. VII-2, may not accurately reflect the direction of the Commission regarding increases on the occupational license; that a motion to reconsider the vote may be in order. On motion of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to reconsider the vote on the motion to direct the Administration to prepare a revised occupational license ordinance that includes a 5% increase in occupational license fees. Motion carried unanimously (5 to 0): Cardamone; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion. of Commissioner Merrill and second of Vice Mayor Dupree, it was moved to direct the Administration to review and report back with a recommendation regarding increases between 0 and 5% for each of the occupational license categories. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (2185) through (2274) VICE MAYOR DUPREE: A. submitted for the record a letter received from Edna Romero regarding the Annual Community Workshop held at Tuttle Elementary School on April 15, 1997, and referring to the constituency of the neighborhood between 12th and 17th Streets along Lockwood Ridge Road and the traffic dangers which exist. Mayor Pillot requested that the letter be' placed on the Commission's circulation file. BOOK 41 Page 14504 04/21/97 6:00 P.M. BOOK 41 Page 14505 04/21/97 6:00 P.M. Commissioner Merrill stated that the City Manager forwarded a letter regarding the sidewalk issue on Lockwood Ridge Road to Robert Anderson, Chairman, Board of County Commissioners; that the constituents should contact the County Commission and focus their efforts on the County, which is the proper entity to install the sidewalks. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (2274) through (2295) DEPUTY CITY AUDITOR AND CLERK MCGOWAN: A. stated that the following two meetings have been scheduled for Tuesday, April 29, 1997: 4 to 6 p.m. Code Enforcement Workshop 7 to 9 p.m. Joint workshop with Local Option Sales Tax Task Force B. stated that a workshop regarding the Capital Improvement Elements (CIE)/Capital Improvement Program (CIP) is scheduled for Tuesday, May 6, 1997 25. ADJOURN (AGENDA ITEM XII) #4 (2295) There being no further business, Mayor Pillot adjourned the regular meeting, of, April 21, 1997 at 11:45 p.m. 4 - SRL6 GENE PILLOT, MAYOR ATTST a2 BillE Rubens BILLY E. ROBINSON, CITY AUDITOR AND CLERK