Book 35 Page 9333 05/03/93 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 3, 1993 AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Nora Patterson, Commissioners Fredd Atkins, Mollie Cardamone, and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9, of the Charter of the City of Sarasota at 6:05 p.m.. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. CHANGE TO THE ORDERS OF THE DAY - - APPROVED #1 (0000) through (0055) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: 1. Please remove Consent Agenda No. III-B Item No. 2, Second reading of proposed Ordinance No. 92-3589, to vacate that portion of 16th Street lying east of Orange Avenue and extending to Goodrich Avenue within the City limits. Mr. Robinson stated that there are some unmet conditions that were required prior to second reading. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. SPECIAL RECOGNITION - - STUDENT SHADOW DAY #1 (0055) through (0090) Mayor Pillot stated that he wished to introduce a student that has spent the day with Ms. Jane Robinson, Director of Planning and Development; that many students have participated in spending the day with business people and officials in a "shadow" capacity; that the Commission is pleased to welcome Mr. Brenton Permsley, who is in the eighth grade at the Out-of-Door Academy. 3. PRESENTATION RE: RETIREMENT AWARD, ROGER J. MEAD, CITY OF SARASOTA POLICE DEPARTMENT #1 (0090) through (0175) Police Chief Gordon Jolly and Sgt. Roger Mead, came before the Commission. Chief Jolly stated that Sgt. Mead began with the Police Department in 1964; that he has served 28.5 years with the Sarasota Police Department in a variety of capacities as a patrolman, a detective, and a patrol sergeant; that his retirement is well deserved; that he will be missed by all of his friends and colleagues at the Police Department. Chief Jolly thanked and congratulated Sgt. Mead for all of his years of service. Mayor Pillot presented Sgt. Mead with a plaque on behalf of the City that expressed sincere appreciation for his loyalty to the City of Sarasota and wished him well in the future. Mayor Pillot stated that Charlene E. Moody Kehl had not arrived to receive her retirement plaque and asked City Auditor and Clerk Robinson to inform him of Ms. Kehl's arrival. 4. APPROVAL OF MINUTES APPROVAL RE: MINUTES OF THE SPECIAL SARASSOTA CITY COMMISSION MEETING OF APRIL 13, 1993; MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 19, 1993 - APPROVED (AGENDA ITEM I) #1 (0175) through (0195) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the Minutes of the Special Commission meeting of April 13, 1993 and the Minutes of the Regular Commission Meeting of April 19, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 5. BOARD ACTIONS REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY' S REGULAR MEETING OF APRIL 7, 1993; PETITION 92-CO-04 AND REVISED PS&D PLAN 92-F TABLED UNTIL MAY 17,1993 COMMISSION MEETING; PETITION 93-SE-07 = APPROVED WITH PLANNING BOARD STIPULATIONS; AMENDMENT TO ORDINANCE NO. 92-3590 RE ROSEMARY COURT MIXED USE DEVELOPMENT -= SET FOR PUBLIC HEARING; EXCESSIVE GARAGE SALES = CITY MANAGER TO REVIEW AND REPORT BACK TO COMMISSION: REPORT RECEIVED (AGENDA ITEM II-2) #1 (0195) through (0975) Jane Robinson, Director of Planning and Development, Berta Lefkovich, Planning Board/Local Planning Agency Chairman, and Mr. Ron Annis, Planning Board Member, came before the Commission. Ms. Lefkovich presented the following items from the Planning Board's regular meeting of April 7, 1993: Book 35 Page 9334 05/03/93 6:00 P.M. Book 35 Page 9335 05/03/93 6:00 P.M. A. Petition No. 92-CO-04 and revised Preliminary Site and Development Plan 92-F - Ringling School of Art and Design Ms. Lefkovich stated that the Planning Board finds this petition and PS&D consistent with the tree protection ordinance and recommends approval to the City Commission. Mr. Annis stated that he voted no because of his concerns with the limited ability of the tree protection ordinance to protect trees; that this site has some particularly notable trees which would probably qualify as grand trees under the new proposed tree ordinance; that he was not convinced that the trees would not be substantially damaged due to their proximity to the proposed structures. Vice Mayor Patterson stated that it is difficult for the Commission to affirm the actions of the Planning Board prior to the Commission being presented with the PS&D for evaluation. City Manager Sollenberger recommended that this matter be held for two weeks; that the Commission be provided with the documents for review. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved to table this matter until the next regular meeting of the Commission and that plans be made available to the Commission (May 17). Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. B. Petition No. 93-SE-07 Special Exception for off-street parking in an RMF-4 Zone District 1704 4th Street Ms. Lefkovich stated that the Planning Board finds Petition No. 93-SE-07 consistent with the City Plan in the tree protection ordinance and recommends approval with the following stipulations: That the petitioner grant the City a 15 foot wide easement through the center of the property to provide for the future maintenance of an existing gravity sewer main; that the easement shall be submitted to the Utilities Department prior to construction; and that a provision be included for relocating the line in the future, at the owner's expense, and then providing a new easement with the new location. Mr. Sollenberger recommended approval. Vice Mayor Patterson asked why this case seems to be acceptable whereas it has not appeared acceptable in other parts of the City. Ms. Robinson stated that Commissioner Merrill had previously asked about rezoning an adjoining parcel to CRT zone district rather than using the Special Exception process; that as a result of that, the off-street parking by special exception was taken out of the Zoning Code; that this matter was approached as one unified development, whereas the first parking lot was to meet required parking, which this is not; that the Comprehensive Plan goal is to further downtown redevelopment; that there will not be many more of these to come before the Commission because this special exception privilege has been taken out of the Zoning Code. On motion of (Mayor Pillot passed the gavel to Vice Mayor Patterson) Mayor Pillot and second of Commissioner Atkins, it was moved to affirm the actions of the Planning Board. City Attorney Taylor stated that in the Special Exception process, when someone has met the criteria entitling them to a Special Exception it is incumbent on the City to sustain a burden of proof to show on the record that there are some problems associated that can be pointed to in order to deny it; that if the Commission looks negatively upon this a record needs to be established as to the specific adverse concerns regarding the use in this location. Commissioner Cardamone asked if this will be the last of such special exception requests. Ms. Robinson stated that, with the exception of property surrounding the central business district or pending petitions, this will be the last of this type of request. Commissioner Cardamone stated that she is inclined to approve the Planning Board's recommendation although she feels that this is another example of "creep" and "straying from lines of demarkation." Vice Mayor Patterson called for the vote on the motion. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes, Patterson, no. Vice Mayor Patterson passed the gavel back to Mayor Pillot. C. Mixed use development 820 Central Avenue (Rosemary Court) Ms. Lefkovich stated that the Planning Board finds this proposed mixed use development consistent with the Sarasota City Plan and recommends to the Commission that a public hearing be held to amend Book 35 Page 9336 05/03/93 6:00 P.M. Book 35 Page 9337 05/03/93 6:00 P.M. Ordinance no. 92-3590 to allow the proposed mixed use development of the property. Mr. Sollenberger recommended approval of the Planning Board recommendation. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to affirm the actions of the Planning Board and set this matter for public hearing. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. D. Excessive garage sales Ms. Lefkovich stated that the Planning Board supports the efforts of Mr. Hewes, Building, Housing, Zoning and Code Enforcement Director, in the regulation of garage sales and that it was the consensus of the Planning Board that there is a significant problem that should be addressed; that there are some residents holding perpetual garage sales with goods purchased for resale; and that it becomes an unlicensed business. Mr. Sollenberger stated that he will review the matter and report to the Commission. Ms. Lefkovich stated that she wished to remind the Commission that two Planning Board appointments are coming up soon; that these are appointments for Shannon Snyder and herself; that she would love to stay on the Board for a second term; that Shannon Snyder has declined; and asked that the Commission ensure that appointees realize the importance of meeting attendance. Mayor Pillot asked Mr. Robinson to inquire with appointees as to their availability at all meetings and advise the Commission at the time of appointment consideration. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to receive the Planning Board report. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 6. PRESENTATION RE: RETIREMENT AWARD, CHARLENE E. MOODY KEHL, BOBBY JONES GOLF COMPLEX #1 (0975) through (1065) Mr. Ray Grady, Manager of Bobby Jones Golf Complex, and Charlene Moody Kehl, Bobby Jones Office Supervisor, came before the Commission. Mr. Grady stated that Ms. Kehl actually has a grand total of 18 years of service with the City, even though her most recent years of service was 11 years; that she has been an excellent assistant; that he wished to congratulate her upon her retirement and that he wishes her many years of enjoyment. Mayor Pillot presented Ms. Kehl with a plaque of appreciation and stated that the City and Commission expresses pride in her service, and appreciation for her devotion and loyalty to the City, and that she is wished an enjoyable retirement. 7. BOARD ACTIONS REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF APRIL 6, 1993, NATIONAL REGISTER NOMINATION, EARLE HOUSE, 4521 BAYSHORE ROAD = AFFIRMED; REPORT ACCEPTED (AGENDA ITEM II-2) #1 (1065) through (1145) Ms. Jane Robinson, Planning & Development Director, and Mr. Town, Historic Preservation Board Member, came before the Commission. A. National Register Nomination Earle House 4521 Bayshore Road Mr. Town stated that the Historic Preservation Board (HPB) approves the report for the nomination of 4521 Bayshore Road to the National Register; and that a letter was prepared in support of same. Mr. Sollenberger recommended approval of the HPB's recommendation. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to affirm the HPB's recommendation to support this application for historic designation. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to accept the report of the HPB. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 8. CONSENT AGENDA NO. 1, ITEMS 1, 2, 3, AND 4 - = APPROVED (AGENDA ITEMS III A-1, -2, -3, AND -4) #1 (1145) through (1168) 1. Approval Re: Authorize City Auditor and Clerk and Mayor to execute the First Amendment to the Agreement for Laundromat Services at Sarasota Mobile Home Park 2. Approval Re: Authorize City Auditor and Clerk and Mayor to execute a contract to P.D.G. Electric Company, Bradenton, Florida for the construction of traffic signalization on S.R. 780 at Sunset Drive/Golden Gate Point Book 35 Page 9338 05/03/93 6:00 P.M. Book 35 Page 9339 05/03/93 6:00 P.M. 3. Approval Re: Authorize City Auditor and Clerk and Mayor to execute the Interlocal Agreement between Cities of North Port, Venice, Sarasota County, Florida Department of Transportation, Town of Longboat Key and the City of Sarasota to provide for intrajurisdictional consensus regarding pollutants from one jurisdiction to another, to meet National Pollutant Discharge Elimination System Regulations 4. Approval Re: Authorize City Auditor and Clerk and Mayor to execute a contract amendment with Smally, Wellford and Nalven a division of Wilson, Miller, Barton & Peek, Inc., in the amount of $14,357.74 for engineering and construction management services associated with the expansion and upgrade of reuse irrigation systems at the Bobby Jones Golf Complex On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to approve Consent Agenda No. 1, Items 1, 2, 3, and 4. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 9. CONSENT AGENDA NO. 2, ITEM 2 - REMOVED IN THE CHANGE TO THE ORDERS OF THE DAY; ITEM NOS. 1 (ORDINANCE 93-3665) AND 3 (ORDINANCE NO. 93-3675) - APPROVED (AGENDA ITEMS III B-1, -2, AND -3) #1 (1168) through (1245) 2. Adoption Re: Second reading of proposed Ordinance No. 92-3589 to vacate that portion of 16th Street lying east of Orange Avenue and extending to Goodrich Avenue within the City limits of the City of Sarasota, Florida (the metes and bounds legal description is available in the Office of the City Auditor and Clerk) ; more particularly described herein; etc. (Title Only) (Petition No. 92-SV-03) Mayor Pillot stated that Item No. 2 has been removed in the Change of the Orders of the Day. 1. Adoption Re: Second reading of proposed Ordinance No. 93-3665, amending the Zoning Code of the City of Sarasota; by establishing a New Zone District to be known as the Commercial Business Newtown (CBN) Zone District; stating the intent and purpose of the CBN District; providing for permitted principal and accessory uses within said district and providing for uses permissible by special exception; defining terms; providing for district regulations to be applied within the CBN Zone District as more fully set forth herein; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 3. Adoption Re: Second reading of Proposed Ordinance No. 93-3675, amending Chapter 30, streets, sidewalks and other public places, Article III, thoroughfare plan, Section 30-54, Major Collector Streets Designated, to delete certain streets from the list of Major Collector Streets Designated therein; making findings as to need; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) City Auditor and Clerk Robinson read proposed Ordinance No. 93-3665 and proposed Ordinance No. 93-3675 by title only. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 2, Item Nos. 1 and 3. Motion carried unanimously (5 to 0): Atkins, yesi Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot noted that public hearings were advertised for 7:00 p.m. and since it was not that time, the next item to come before the City Commission would be Citizens' Input. 10. CITIZENS' INPUT CITY MANAGER TO REVIEW REQUEST FOR INCREASE IN NUMBER OF FEE HOLDERS AT BOBBY JONES GOLF COMPLEX AND MAKE A RECOMMENDATION TO THE COMMISSION DURING ANNUAL BUDGET REVIEW PROCESS (AGENDA ITEM VI) #1 (1245) through (1765) Mr. Charles S. Marston, 1100 Breezemont Drive, representing Bobby Jones Advisory Committee, and Mr. Ken Kelch, 1520 Glen Oaks Drive, East, representing Bobby Jones Advisory Committee, came before the Commission. Mr. Marston stated that their purpose is to request that the Bobby Jones Golf Course annual number of feeholders be increased from 350 to 400; that on September 5, 1989, renewals for annual fee holders were capped, which consisted of 435 members at the time; that the 1991-92 annual feeholders' proposal anticipated a decrease in feeholders to approximately 400 due to the rate increase; that the actual number of feeholders decreased to 295; that the National Golf Foundation suggested a figure of 350 to 400 annual feeholders; that in the final report the figure was indicated as 350. Mr. Marston continued that there are 29 people still waiting to become feeholder and that their Board is asking the Commission to approve an increase from 350 to 400 annual fee holders. Mr. Kelch stated that the request is being made because the 29 additional City residents deserve to be a members at Bobby Jones; Book 35 Page 9340 05/03/93 6:00 P.M. Book 35 Page 9341 05/03/93 6:00 P.M. and asked that this be acted upon as soon as possible since there are a number of people who will be going north soon. Deputy City Manager Schneider stated that, according to the report of the National Golf Foundation, that upon activation of the automated tee time system next year there will be a limited number of tee times per hour for annual feeholders; that the more feeholders vying for the limited available slots will become more difficult; that controlling the number of tee times played during the season is the most vital point. Mr. Schneider continued that it would be preferable to analyze any change during the budget process of the Commission in order to make a decision on this matter. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to refer this matter to the City Manager for his recommendation at budget time. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot noted that public hearings were advertised for 7:00 p.m. and since it was not that time, the next item to come before the City Commission would be Unfinished Business. 11. UNFINISHED BUSINESS REPORT RE: JUNETEENTH CELEBRATION, /IN-KIND SERVICES - REFERRED TO ADMINISTRATION. FOR REVIEW AND RECOMMENDATION TO COMMISSION (AGENDA ITEM VII-1) #1 (1765) through (2430) Mr. Sollenberger stated that the total cost to the City for in-kind services for the Juneteenth Celebration is $25,299.83; that the bulk of this cost is for police services; that the minor portion is for public works costs for solid waste and barricades, etc; that the departmental budgets really do not have such funds available and the fund balance would have to be drawn upon to support such provisions; that he carefully reviewed the surprising amount of fund estimates and he has been assured of the necessity of such a level of policing; that, however, there may be some ways to reduce the costs. Police Chief Gordon Jolly came before the Commission and stated that the proposal for police protection and traffic control is standard; that most people ignore barricades and therefore personnel are required to be present; that in order to reduce the manpower needs, volunteers will be stationed on a few streets with lower traffic volumes; that additional personnel will be on standby for potential problems; that the potential for crowds is strong; and that similar events normally require such personnel. Chief Jolly continued that it is felt that five teams, of two each, are needed due to the distance involved of approximately one half mile; that this event will merge into some residential areas and will require the amount of security indicated. City Manager Sollenberger stated that he would prefer having some additional time to determine if the event plans may be modified to reduce the requirement for policing; that sometimes sponsors pay for policing costs themselvesi that some balancing will be needed to encourage the event and consider budget restraints as well. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to refer this matter to Administration for study and report back to the Commission with a recommendation that the City Manager feels he can support. Sister Jennifer X came before the Commission. Commissioner Atkins stated that he understood that only limited policing was requested; that this would be a great opportunity for the Community Resource Team (CRT) to make themselves available for a community event at a time that they should be involved, and without overtime; that the CRT should be a flexible force and called upon more strongly in situations such as this. Sister Jennifer X stated that this event is an opportunity for a loving celebration; that problems to the extent of requiring police support on every corner is not anticipated; that excessive police support could be read as intimidation; that a number of brothers are prepared to provide security; that the Community Resource Team is an excellent idea; and that it is not necessary to spend so much money. Commissioner Atkins stated that he would like it to be considered that on the regular policing activities on the dates of the Juneteenth Celebration, that the police coordinate visible support, without standing on each corner doing overtime; that this event could occur much less expensively. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. Mr. Robinson also stated that citizens who have signed up to speak at a legally advertised public hearing, of which the first public Book 35 Page 9342 05/03/93 6:00 P.M. Book 35 Page 9343 05/03/93 6:00 P.M. hearing is not, are required to take an oath; that those citizens wishing to speak during any public hearing, except for the first one, are requested to please stand and take the oath. Commissioner Merrill left the Commission Chambers at 7:12 p.m. 12. PUBLIC HEARING RE: REQUEST OF THE GULF COAST WORLD OF SCIENCE, INC. TO PERMANENTLY LOCATE THEIR HANDS-ON SCIENCE MUSEUM AT THE SELBY PUBLIC LIBRARY BUILDING, LOCATED AT 1001 BOULEVARD OF THE ARTS, UPON THE LIBRARY'S RELOCATION APPROVED LEASE TO BE DRAFTED FOR A FIVE YEAR TERM AND THREE MONTH OPERATING RESERVE OF $100,000 (AGENDA ITEM IV-1) #1 (2430) through #3 (0465) Ms. Judy Alexander, President of the Board of Directors, Ms. Marilyn Hoellen, Board Member, and Elva Farrell, Board Member of the Gulf Coast World of Science, came before the Commission. Ms. Alexander thanked everyone who had shown their support and stated that this represents a small portion of those people in the community whose support has made the Gulf Coast World of Science (GCWS) a success. Commissioner Merrill returned to the Commission Chambers at 7:20 p.m. Ms. Hoellen submitted an additional 300 names of people wishing to sign in support of the GCWS. Ms. Alexander stated that in May, 1992 it was learned that the building they presently occupy was destined to be torn down; that at the same time it was learned of Selby Library's intention to build a new library; that this was seen as an opportunity to benefit the entire community; that on May 4, 1992, at the City Commission meeting, the GCWS formally requested use of the Selby Library as a permanent home. Ms. Alexander continued that the GCWS was organized to provide more opportunities for all ages to learn about themselves and their world through hands-on experiences and opportunities; that studies have shown that informal learning centers such as this have been the most successful in stimulating this interest; that the need for such education has been heralded on the national, state, and local levels. Ms. Alexander stated further that the Selby Library is the perfect building and the perfect location for the GCWS; that the GCWS needs a permanent home and they are asking the Commission to vote "yes" tonight. Ms. Hoellen stated that attendance at the GCWS has dramatically increased; that the GCWS needs the space that the Selby Library building provides; that there are many exhibits waiting to be added to the existing collection of exhibits and space is needed to house them; that many financial supporters want to know where the GCWS new home will be located prior to committing funds; that the ability to secure grants is being adversely affected; that the GCWS precisely fits the use of the Selby Library according to the Civic Center Master Plan; that this building should be used for the public benefit. Ms. Farrell stated that the impact analysis report submitted is a report of an analysis made for a developing science center; that much of the information included in the report is very appropriate; that the attendance figures closely match this research; that the financial impact of 200,000 attendees to the museum will create an approximate expenditure of $2.3 million; that there will be an increase in 63 jobs, $5.6 million dollars in the state gross product, and an increase in personal income of $1.7 million; that the- immediate, long range, and secondary affects are being considered; that the GCWS will certainly have an economic impact on Sarasota; and that the Commission should consider this as well as the educational effect of the GCWS. Vice Mayor Patterson stated that she will suggest the Administration develop a criteria between now and the end of the five year lease which would give an objective criteria which the GCWS could feel more comfortable that the lease would be renewed and one in which the City could feel that the GCWS's mission is being fulfilled. Mayor Pillot opened the public hearing. The following individuals came before the Commission: Ms. Kathy Schersten, 454 Partridge Circle, representing the Van Wezel Advisory Board, stated that she does not speak in favor of or against the GCWS; that she asks the Commission delay a decision on this request; that the Van Wezel has had a consultant working on a Long Range Strategic Plan; that that report and presentation is due to be presented to the Commission May 27, 1993; that the consultants has made early suggestions of perhaps using the Selby Library for office or rehearsal space for the Van Wezel; that until that presentation can be made, the management and advisory board of the Van Wezel are requesting a delay in this decision. Mr. Brad Newton, 5224 Eastchester Drive, representing the GCWS, stated that there are over 60 exhibits in the museum; that there are new exhibits every month; that the GCWS may need to move into the Selby Library next year; that he is in the first grade at Emma Booker Pre-School. Book 35 Page 9344 05/03/93 6:00 P.M. Book 35 Page 9345 05/03/93 6:00 P.M. Ms. Patricia Caswell, Executive Director of the Sarasota County Arts Council, 1350 Fruitville Road, stated that she is the mother of two children and they all love the GCWS; that in her official capacity as Arts Council Director she can assure the Commission that they will support the GCWS as an arts council as much as possible through developmental funding because it is important to the community; that she asks the Commission to keep the door of opportunity open as the Arts Council also needs small office spaces; that the Arts Council will be looking for space in about three years; and would like to keep this opportunity open; that they could consider a shared use with other organizations such as the GCWS. Ms. Erica Drew, 1250 Cornish Court, representing GCWS, stated that she is in the seventh grade at Julie Roehr Academy; that she is 13 years old and has been a volunteer at the GCWS for about 1-1/2 years; that she started because her brother loved it; that it has grown quickly and there is no room left for more exhibits; that she would like to see the GCWS moved to the Selby Library where there is room for more exhibits which means more fun. Ms. Robin Treadwell, 1350 N. Portofino Drive, representing GCWS, stated that, as an educator, she feels that in American education there has not been enough hands-on approach, particularly for small children; that the GCWS has been favorably commented on for this; that children learn much more through hands-on than through textbooks; that her granddaughter visits the GCWS every time she visits; and asked that the GCWS be allowed to move to the Selby Library. Mr. A. Andre Spalvins, P. 0. Box 40087, representing GCWS, stated that there is always a scientific approach and an emotional approach; that the person who plants a tree knowing that he will never live long enough to see it grow to maturity knows the true meaning of life; and that the Commission that votes yes for the future of the museum also knows that meaning. Ms. Merilee Muir, 1130 Fox Creek, representing 4-H Girl Scouts, Local Schools, stated that she has resided in Sarasota for over 20 years; that she has worked in a downtown law office for over 15 years; that she is a 4-H, Girl Scout leader, and a parent of two children in school; that their are many children visiting the GCWS who wish to take part in the activities and there are no facilities for them; that she has been on a school trip in which half the group must be sent to the library and then a switch made; that a larger facility will allow for expansion so that more children can take part; that the Selby Library facility is ideal for the growth of the science facility; that it has shoreline, grass, birds, etc, and that this program can be expanded into other programs such as marine biology and astrology; that this facility could offer an appreciation for natural beauty to the children of this area; that the Commission will involve thousands of children in the community and gaining the support of hundreds of youth leaders and parents by positively considering this matter. Senator Bob Johnson, 275 S. Orange Avenue, representing himself, stated that he loves the GCWS; that it is a wonderful place; that when the Selby Library was built, the location was chosen to demonstrate many of the City's fine attributes to its citizens; that this building should be provided for the public to enjoy and should be made available to them. Senator Johnson continued that many people have offered physical contributions to this museum but there is no space for them; and that he hopes the Commission will support the GCWS. Mr. Barry Alexander, 1355 West Way Drive, representing GCWS, stated that he has been involved with the GCWS since its inception two years ago; that it is a dedicated group of volunteers; that there is - an average of 300 visitors per day to the museum; that, as an architect, he recommends the building now occupied by Selby Library to house the GCWS because it is the perfect building for housing a museum; that it is a natural for the uniqueness of the museum; that the GCWS has been successful because they have been able to concentrate on the museum and not pay rent; that this has been a big help. Mr. Al Harris, Midnight Pass Road, representing GCWS, stated that he is the volunteer nature curator at the GCWS; that he has been with the museum since its conception; that Nature Place was created to educate the public about Florida's native plants and animals; that it has been an astounding success; that thousands of people have witnessed the magic of complete metamorphose of the butterfly in the butterfly nursery; that their working beehive teaches about the important role of bees in the nation's crops; that the snake exhibit has taught this reptile's important role in the ecological system and has allowed hundreds to overcome their fear of snakes; that their is no more suitable room available for all of the educational projects; that the Selby Library building is the perfect location for the GCWS and Nature Place. Ms. Mary Ouillin, 407 Cocoanut Avenue, representing herself, stated that hands-on museums are one of the greatest learning tools for children and adults; that her concern is that of the Selby Library being a temporary home for the GCWS; that the Library Advisory Board and Friends of Selby feel that the new library site would be an appropriate place for the museum to move to and is one of the things envisioned for that property; that it is hoped that the GCWS will consider asking the County Commissioners for a footprint of the property for a permanent home for the GCWS with room to expand; that this should be considered in order to find a permanent home for the GCWS rather than a transient one. Book 35 Page 9346 05/03/93 6:00 P.M. Book 35 Page 9347 05/03/93 6:00 P.M. Mr. Michael E. Sudakoff, 192 North Washington Drive, representing Sudakoff Family, stated that he is the son of Ruth and Harry Sudakoff who gave the City the entire central portion of the library; that at the time of the library's dedication, his father wrote a poem which implies that the Selby Library site convinced them to contribute funds because it was always going to be used for the public and not for office space; that the Commission should stay with the faith of people who provided millions of dollars who stated that this must be used for education; that there is nothing finer than a science museum and that there is no other use that should go in there. Mr. Clarence Brien, 419 Cornelius Circle, representing himself, stated that the Commission's decisions have made for a new look at the waterfront park by Marina Jacks, and plans for a new look on North Tamiami Trail; that a favorable vote is needed for kids to show and tell and to encourage great talent as demonstrated in the "Just Kids" yearly program, the 4-H clubs and a few others who have demonstrated their ability; that children are future leaders and asked the Commission not to let them down. Mr. Rick Chalker and Mr. Paul Thorpe, President and Executive Director of the Downtown Association respectively, and Mr. Tom Sullivan, Hyatt Corporation, representing the Downtown Association, 47 S. Palm Avenue, came before the Commission. Mr. Chalker stated that the Downtown Association has supported the Gulf Coast World of Science and continues to do so; that the Selby Library location is a very valuable location from an economic standpoint; that numerous interested parties have inquired regarding this location for purposes brought to the attention of the City; that even in today's depressed commercial market the location could provide approximately $300,000 in annual revenue to the City; that in these tough budgetary times, any opportunity to increase revenues should be thoroughly investigated. Mr. Chalker continued that the Selby Library facility will need extensive repairs in the near future, such as a new roof and air conditioning system; that maintenance estimates on this facility range from $70,000 to $100,000 per year; that this would be a great burden on any not-for-profit organization unless these costs are underwritten through public funds; that several alternative sites can be recommended, such as the building located across the street from the existing museum facility; that another recommendation is to approach the Sarasota County Commission and discuss the feasibility of locating the museum in the new library; that any location for the museum should be included in the 50 Year Vision Plan now being formulated; that it is premature to grant a lease at this time until all options have been pursued. Mr. Thorpe stated that their concern is the City spending money and time on a vision plan which this facility should be included in, as well as a few other facilities also being discussed; that all of this will affect the City as well as its children; that their only request is for time for the Planning Board and the Downtown Association and any other interested parties to work on this plan together so that the City will be the way they would like for it to be. Mr. Sullivan stated that the entire GCWS has done an outstanding job and should be commended; that it is true that this museum will continue to grow; that he agrees that the City should review this matter and not jump into this situation; that this decision does not need to be made today; that this decision should be delayed in order to study other alternatives available; that The Hyatt could be a potential buyer or partner; that this could be a win/win situation for everyone. Ms. Sandra Gilchrist, 566 Edwards Place, representing GCWS, stated that she has served on advisory boards for the City; that she is a Professor of Biology at New College; that a retention pond which is called a lake is not the bay; that there are numerous funded projects that could become a part of the museum; that she has agreed to write National Science Foundation Grants under the auspices of her credentials at New College to involve college students in hands-on experience with children in the community. Ms. Gilchrist continued that science museums are extremely important for science literacy in the future; that museums interest more women and minorities in the sciences and technologies of the future; and that she has provided a short grant document which combines the humanities and the sciences into a learning program which she intends to use as a pilot program at the National Science Foundation in order to bring money into the museum. Ms. Carolyn Roth, representing Junior League of Sarasota, stated that the Junior League has enjoyed the museum and the children that came there during the past year; that they have selected the GCWS as their project for the 1993-94 calendar year; that they also support its move to the Selby Library location and hope the Commission will vote yes. Mr.J. V. Cloud, 5129 Willow Leaf Drive, representing GCWS, stated that when he learned of the opening of the science museum he ran to see Judy Alexander; that he wished to be a part of the museum and built exhibits for it; that he loves to build mechanisms and explain them; that he built the very first exhibit that went into the museum and he is still building them; that this assists children in their education by removing them from the television set, and that would ignite their spark; that the highest and best use for the Selby Library site is the museum; that many cities Book 35 Page 9348 05/03/93 6:00 P.M. Book 35 Page 9349 05/03/93 6:00 P.M. allocate million of dollars of taxpayer funds to provide similar facilities; that the museum needs more room to fill it up with more exhibits. Vice Mayor Patterson left the Commission Chambers at 8:20 p.m. Ms. Aleksandra Spalvins, 6703 Midnight Pass Road #112, representing GCWS, stated that she is a resident of Sarasota County and a student of the University of South Florida, that she has been the District Science Fair Coordinator for Sarasota County with the Public Schools Foundation; that she is the Community Outreach volunteer chairperson at the GCWS; that she is in contact with many children in all aspects of the education system; that she is present on behalf of GCWS to ask for the Selby Library site as its permanent home; that this is not only to increase the knowledge and level of awareness of the universe of those that pass through the GCWS, or to benefit the economy of the downtown Sarasota, but also that this site would have a direct impact in helping the hands-on museum succeed; that by having the Selby Library site there could be a truly active nature and discovery place with water and land environment, and not just a retention pond; that this will be the only hands-on museum on the gulf coast as its name indicates. Mr. Larry Rabinowitz, 7045 Curlew Road, representing himself, stated that he has a child that he cares much about; that he. is concerned about the child's preference for television and video games; that he does not spend enough time with him to do the kinds of things that are important; that the GCWS engages his child very much; that it is incredible that this museum can so engage children; that this is a chance to make a difference in whether children grow up being hooked on television or their minds engaged in other things; that it would mean very much to have it on the Selby Library site; that he suggests that the test of the validity of this is not the number of people or the number of jobs or dollars it creates, but how many children's minds can be engaged. Vice Mayor Patterson returned to the Commission Chambers at 8:25 p.m. Mr. Doug Appleton, 5303 N. Shade Avenue, representing GCWS, stated that he is an artist "garbologist", that he has performed medical studies with edible sun blocks; that he also is a real estate agent; that he placed two sculptures on top of the GCWS sO it would be viewed as a museum and not a recreation center; that his theory is that science plus magic equals art; that the Selby Library building does not work well as a library, but would be great as a museum; that any leaks in the building could be turned into a waterfall; that for every four children only one parent must be present and, therefore, minimal parking space is needed; and that he also advised that some bike racks be installed. Dr. Anita Hocker, Shade Avenue, representing Sarasota County School Board, stated that she asks the Commission's support in moving the GCWS to the Selby Library complex; that she represents Dr. Jean Jolly, Associate Superintendent for Instruction, and Dr. Carl Riggs, Director for the Center for Excellence at USF; that she is presently the Supervisor of Science, Physical Education and Health; that weekly in-service workshops have been conducted for science teachers who have found the museum very helpful in terms of location for space and in terms of educational programs for students; that more space is needed; that more opportunities for teachers' training is also needed; that there are not many experiences in the physical and health sciences; that she asks the Commission to please consider this; and that the Sarasota County School Board will certainly support the Commission's vote for this. There being no one else to speak Mayor Pillot closed the public hearing. Ms. Judy Alexander, Ms. Marilyn Hoellen and Ms. Elva Farrell returned to the Commission table. Ms. Alexander stated that she wished to thank everyone for their support. Ms. Hoellen stated that she wished the Commission to look at the people from the various avenues, young and old, that came to support the GCWS; and that the GCWS asks for the Commission's support. Ms. Farrell stated that the GCWS have accomplished what they have with volunteers; that the GCWS has only one full time paid employee; that there is community support; that they have shown fiscal responsibility and will continue to do so when located in the Selby Library location. Commissioner Merrill stated that Finance Director Mitchell has suggested that a reserve amount be set aside prior to entering into a lease. Ms. Alexander stated that they have seen the recommendation and agree with it. Mr. Sollenberger stated that the staff recommendation is that occupance of the Selby Library by the GCWS would be an appropriate reuse of the building; that this would be in the context of the civic center master plan; that should the Commission approve this request, staff should be directed to negotiate a lease which requires the tenant to have three months working cash for reserve expenses in the amount of $100,000, and to provide for a term of five years, renewable by mutual agreement. Book 35 Page 9350 05/03/93 6:00 P.M. Book 35 Page 9351 05/03/93 6:00 P.M. Mr. Sollenberger continued that he has serious reservations with respect to the consultant's recommendation to give serious consideration to the Van Wezel's use of the building; that the matter should not be dismissed without an opportunity to hear the consultant's recommendation and hear from the advisory board; that the purpose of this hearing was to hear from the public; that his recommendation is that if the Commission determines to lease the library to the GCWS that it is done so on a preliminary basis pending discussion and consideration of potential Van Wezel use; that the Commission could then direct the Administration to negotiate a lease for a term of five years with a three month operating cash reserve of $100,000; that the length of term and the cash reserve has been discussed with representatives of the GCWS. Commissioner Cardamone stated that there has been discussion regarding cash reserves and expensesi that she has not heard any discussion that the lease would include repair and/or replacement, air conditioning repair and/or replacement, or insurance coverage; that these are considerations that need a clearer, defined answer. Mr. Gibson Mitchell, Finance Director, came to the Commission table and stated that the operating costs of the Selby Public Library were obtained; that the GCWS representatives were presented with these figures; that the GCWS returned with a pro forma that simplifies the maintenance costs that were based on a two thirds operating expense; that they increased the operating expenses by 5% per year for inflationary and increased costs; that, in his opinion, and in the opinion of the General Services Director, those costs are reasonable, but there is no guarantee. Mr. Mitchell stated that there is a portion of the proforma which indicates capital expenditures which is divided into renovations, furnishings and equipment and there is money available for capital necessities or whatever necessary improvements. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to lease the library to Gulf Coast World of Science and direct Administration to negotiate a lease for a term of five years and require a three month operating cash reserve of $100,000. Vice Mayor Patterson moved to amend the motion that prior to entering into a lease agreement that some objective guidelines be established to delineate the basis upon which it would be logical for a Commission in five years to approve an extension of that lease, which would include fiscal soundness, fiscal responsibility, fiscal reserves, and a successful projection of attendance. Vice Mayor Patterson continued that the second part of her amendment is that she is concerned that the Commission may be precluding use by the Van Wezel of even one office for fund-raising purposesi that she would like to keep that option open for the Administration's review and have it returned to the Commission with a recommendation prior to finalization of the lease. Mayor Pillot summarized Vice Mayor Patterson's amendment by stating that the Administration and the City Attorney will execute a lease with all proper language reflecting the intent of her comments. Vice Mayor Patterson stated that her amendment would be to leave to the City Manager's discretion whether there is some portion of the office space that may be given to the use of the Van Wezel. Motion died for lack of a second. Mayor Pillot called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yesi Patterson, yes; Pillot, yes. The meeting was recessed at 9:10 p.m. and reconvened at 9:16 p.m. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3691, AMENDING ARTICLE VIII, DIVISION 6 OF THE ZONING CODE TO ALLOW HOUSES OF WORSHIP AS A PERMITTED PRINCIPAL USE IN THE NEIGHBORHOOD SHOPPING CENTER (CSC-N), COMMUNITY SHOPPING CENTER (CSC-R) ZONE DISTRICTS AS SET FORTH HEREIN; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF : REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-2) #3 (0465) through (0520) City Manager Sollenberger stated that he recommended approval of the recommendation to pass proposed Ordinance No. 93-3691 on first reading. Mayor Pillot opened the public hearing. There was no one to speak and the public hearing was closed. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3691 by title only. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to pass on first reading proposed Ordinance No. 93-3691. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 14. SCHEDULED PRESENTATIONS PRESENTATION RE: PROPOSED TREE PROTECTION ORDINANCE NO. 92-3624 = LARRY RABINOWITZ AND BUD REASONER = REFERRED TO ADMINISTRATION FOR RESTRUCTURING OF THE ORDINANCE TRANSCRIPT OF MR. RABINOITZ'S STATEMENTS TO BE PROVIDED BY CLERK'S OFFICE (AGENDA ITEM V) #3 (0520) through (1600) Book 35 Page 9352 05/03/93 6:00 P.M. Book 35 Page 9353 05/03/93 6:00 P.M. Mr. Larry Rabinowitz and Mr. Bud Reasoner came to the Commission table. Mr. Reasoner stated that he is a registered landscape architect; that his family has been in the nursery business for over a century; that he is a past trustee of Selby Gardens; that some years ago he was on a Chamber of Commerce Beautification Committee that worked toward planting Gold trees in the community; that that was a very worthwhile project; that he would like to suggest that Commission continue the flowering tree program and make every effort to make the City known as a flowering tree community; that there are numerous such trees that could be used in addition to what is presently used. Mr. Rabinowitz stated that he was invited by the Planning Board to review the proposed tree ordinance; that upon his review he finds numerous problems as written; that some of the problems stem from the fact that those preparing it did not have a good understanding of trees; that he has suggestions; that the ordinance (92-3624) needs substantial work. Mr. Rabinowitz stated that the most intriguing idea is that of protecting the grand trees; that several things are wrong in this implementation, such as the exemption is inadequate because there are only two reasons for cutting down a grand tree: 1) that it is in the way of a building; and 2) that it has a life expectancy of less than five years. Mr. Rabinowitz continued that there are many trees with a life expectancy of more than five years that are hazardous; that the homeowner should have more leniency in removing a tree that may blow over in a hurricane and cause property damage; that a tree can have quite a long life expectancy and still be a hazardous tree. Mr. Rabinowitz stated that grand trees are known to live a long time; that on the grand tree list is a Laurel Oak with a life expectancy of approximately 50 years, that the largest Laurel Oaks are likely to be trees that are declining and have internal rot and represent hazards; that the reason for protecting these trees is not quite clear; that the protection should be based on whether or not they should be worth protecting when they become these phenomenal specimens or/and are on the verge of breaking up. Mr. Rabinowitz continued that the problem with the grand tree concept is in the point system; that he questions whether the Red Cedar is desirable to protect as a grand tree because it breaks in high winds; that there is probably not a Red Cedar in the County that will amass the 200 points required for it to become a grand tree; that the idea of assigning points based on different features seems acceptable to him, but once the points are decided, the next logical step is to identify some of the grand Red Cedars, grand Live Oaks, and grand Sweet Gums, etc., and score them for their points; that that will help decide what will be the threshold number of points; that the present point system does not come from a real understanding of the trees. Mr. Rabinowitz also stated that there is a protected tree list; that there are botanical errors, and misnamed trees; that the list appears to include most of the native trees as protected trees; that he feels there are trees erroneously included; that there are a number of trees that perhaps should be protected and yet are not presently included on the list; that there are questions on why some trees are listed as protected; that there is a list of trees not protected and yet a statement that if the removal of unprotected trees reduces the number on the lot below a required number, a new protected tree shall be planted in its place; that the consequence to this is that if one chooses to plant a lot entirely with unprotected fruit trees, that every time he loses an unprotected tree, one is required to plant a protected tree; that he would soon have no fruit trees. Mr. Rabinowitz stated that the list of "bad" or unprotected trees is incomplete; that the Banyan tree is banned from any further planting and there is no exemption for botanical gardens or institutions or large public estates. Mr. Rabinowitz continued that he understands the motives for tree protection; that he hopes someone will seriously review the grand tree concept which has a number of inviting aspects to it; but that it needs a great deal of work. Commissioner Merrill asked Mr. Rabinowitz if he felt that there is a need to regulate trees in the back yards of residents. Mr. Rabinowitz stated that he feels that in residential neighborhoods the number of trees and the amount of canopy increases over time with the exception of trailer parks; that occasionally something outrageous happens but perhaps it should be tolerated rather than a bureaucracy and licensing procedures created. Vice Mayor Patterson stated that this proposed ordinance actually, as far as single family residential is concerned, expands the ability of homeowners to determine what trees should or should not grow on their lots. Mayor Pillot asked Mr. Rabinowitz to highlight the specifics of his viewpoints which he feels should be considered by the Administration and others during the process of improving the proposed ordinance. Mr. Rabinowitz stated that, overall, there is a vast body of literature about hazard trees; Book 35 Page 9354 05/03/93 6:00 P.M. Book 35 Page 9355 05/03/93 6:00 P.M. that this is a hurricane area which is a valid reason for removing trees; that it must be considered how many obstacles there are in the way of people to remove trees perceived as hazardous; that the cost for paying people to certify hazard trees must also be considered, when most people really in many cases do not know how to certify hazard trees; that on the grand trees there must be more of an exemption for hazard trees; that that cannot be done on life expectancy; that the trees growing in the County should be reviewed with some kind of tree knowledgeable committee; that the committee should consider which trees deserve protecting as a grand tree, or whether all of them deserve protecting; that a point system tailored to each individual tree is needed because of their variances in maturity; that the protected tree list should be reviewed carefully; that the omitted native trees should be questioned regarding the reason for their omission; that the non-native trees that were included also should be reviewed and the question asked whether the desire was to protect just native trees. that every time a tree is planted residentially the question arises as to whether to require them to plant the tree from a certain list, or if they could plant any tree, with the exception of the "dirty dozen"; that the impact of this would be the possibility of declining numbers of flowering or fruiting trees which are not on the list; and that if there is going to be a list of unprotected trees they should be reviewed with the question of which are the trees that residents should not be "hassled" about and expand that list as much as possible in order to minimize people's contact with the bureaucracy. Mr. Rabinowitz stated that he is uncomfortable about playing God by telling people what trees to plant; that a simple view of the world says that native trees adapted to our climate grow here with the least amount of fertilizer; that we should encourage people to plant more and more native trees, perhaps even by law, and have less pollution of the bay and more trees; that there are many native trees, but what is being considered is a tree planting ordinance for a city that has pavement and buildings, and different soil; that native trees do not necessarily adapt to a city environment, which is not a native environment; that the best trees may not be what they seem and they are not likely to come from the lists; and that it may be worth encouraging people to plant a diversity of trees until the trees are better understood. City Manager Sollenberger stated that this should be referred to Administration with the proposed Ordinance No. (92-3624) to be used as a starting point, and involve David Johnston to advise the City on these matters, and do some restructuring on the ordinance; and to then obtain the comments of Mr. Rabinowitz and Mr. Reasoner prior to returning to the Commission; and that this is what he would recommend. Mr. Sollenberger stated that he will also ask the City Auditor and Clerk to provide a verbatim transcript of the information provided which will be very instructive for Mr. Johnson. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to refer this matter to the City Manager. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 15. CITIZENS' INPUT ADMINISTRATION TO FOLLOW UP ON ZONING CODE CONCURRENTLY MATTERS ON COMPLAINTS ON SIESTA KEY AND FOLLOW UP WITH CITIZENS THAT CAME TO THE COMMISSION TABLE REGARDING SAME CITY MANAGER TO REPORT BACK TO COMMISSION ON ARLINGTON PARK IMPACT FEES FOR REMODELING (AGENDA ITEM VI) #3 (1600) through (3390) Ms. Marion Storm, 3332 Gulfmead Drive; Mr. Paul Thorpe, 157 Garden Lane, representing the neighborhood of Garden Lane; and Ms. Paula B. Twitchell, 100 Ogden Street, representing Bayou Louise (Higdon property), came to the Commission table. Mr. Thorpe stated that they are here to discuss their concern with a property located in their neighborhood; that this began with a matter concerning trees; that there were some Australian pines and some mangroves on this property that were stripped off without the authority of Sarasota County under the mangrove ordinance, or obtaining any sort of tree permit; that this property is located at 100 Pearson Lane and the intent is to build a house on this property; that from the high water mark there is barely a width of 50 feet; that he has personally measured the area and it is very questionable whether a home can be built on this property; that a permit for the construction of a home has been applied for; that they are now registering a complaint and would like to have it investigated. Mr. Thorpe stated that there was at least 4 to 5 feet of water over the strip during the last major storm; that there was much flooding in the neighborhood at the time; that the removal of the mangroves and the trees from this small strip has caused their property to be jeopardized; that the removal of trees has created a safety hazard and they do not feel that a construction permit should be permitted. Book 35 Page 9356 05/03/93 6:00 P.M. Book 35 Page 9357 05/03/93 6:00 P.M. Ms. Storm stated that she has resided in the City of Sarasota for 42 years; that she cares very much about Sarasota, particularly the north end of Siesta Key which is a unique area; that the proposed building is a downfall to the area; that there is a question of fire protection; that mangroves have been dug out and the roots buried; that the easement to this strip of land was half washed into the Gulf during the last storm; that if the mangroves had been left there this probably would not have happened; that she is pleading with the Commission to help them keep their neighborhood unique as it is; that special exceptions being granted do not make sense after laws are made; that she invites the Commissioners to view the property and see the problems for themselves. Ms. Twitchell stated that she lives west of the area; that she has seen the pines uprooted during storms in this area; that during the last storm the entire area was inundated and submerged with water; that she feels that for the good of the community and for the City, the City should save itself harmless so that it would not be responsible if something happens subsequent to granting the permit. Mr. William Hewes, Building, Housing, and Zoning Director, came to the Commission table and stated that a building permit has been applied for; that there have been numerous problems with this particular property; that as problems have been pointed out the owner works on resolving them and has resolved a number of them; that there are still problems existing; that presently no permit has been issued; that the problems are large enough that a permit may not be issued; that the owner has met zoning requirements for access; that fire access requirements have not been met. City Attorney Taylor stated that, unless there is a law prohibiting certain things, private property owners have the right to make legal use of their property; that he will review whatever codes apply to this property; that the Codes are either met or they are not. Vice Mayor Patterson stated that there were two matters of concern stated in the presentation; that one of those was the potential removal of mangroves without proper permitting; that the second question is the assertion that the survey showed more land than was actually there; that it seems land should be present rather than under water. Mr. Hewes stated that there was a State permit for the removal of the mangroves; that requesting another survey would be the only way to check the actual amount of land available with required setbacks; that the mean tide line is used for calculating the property lines and determining exact lines is not easy. Mr. Sollenberger stated that he will direct Administration to follow up on this matter to determine concurrence with zoning code requirements and that he will communicate with the citizens at the table. Sister Jennifer X, 1744 Dr. Martin Luther King, Jr. Way, and Ms. Dana M. Smith, 3129 Newtown Boulevard, both representing Newtown Community, came to the Commission table. Sister Jennifer X stated that the medians on Dr. Martin Luther King, Jr. Way are not favored in the community; that this is particularly true since the 20/20 Vision Plan is now present; that their vision is not to have a median at Palmadelia, Orange Avenue, and Dr. M. L. King, Jr. Way as they understand it; that it would be a hazard; that there is a problem with parking; and that monies can be better used for other projects. Ms. Smith stated that as an alternative to using the funds for the medians, they would suggest funding flood control improvements in an area located a few blocks from Orange Avenue and Palmadelia, north of the canal; that another suggestion would be to remove the median located at Osprey Avenue and Dr. Martin Luther King, Jr. Way; that the funds could be used for bike paths and benches along Dr. M. L. King Way; that there could be water fountains and sufficient parking added in the park areas; that the funds could also be used for the day care center presently located on Dr. M. L. King, Jr. Way. Mayor Pillot stated that the City Manager has taken note of their interests and position and that they will be carefully considered. Mr. Shannon Snyder, 2440 Arlington Street, came to the Commission table and stated that during the past year he and his wife purchased a home for remodeling in the Arlington Park neighborhood; that he wishes to revitalize the neighborhood; that he applied for the building permit and was referred to public works for the sewer and water approvals; that he was then informed that the meter required upgrading at a cost of $3,700; that this is for the addition of a toilet and a bathtub. Mr. Snyder stated that if he had been aware of these impact fees he would have built a house in the County rather than choosing this neighborhood; that he and his wife had planned to make a substantial investment in the neighborhood and would actually double the value of the property; that the Commissioners should be made aware of this problem; and that many times the Commission discusses revitalization and owner occupancy. Mr. Sollenberger stated that he will review this matter and report back. Ms. Linda Holland, 617 Gillespie Avenue, representing Gillespie Park Neighborhood Association, came to the Commission table and Book 35 Page 9358 05/03/93 6:00 P.M. Book 35 Page 9359 05/03/93 6:00 P.M. stated that she wished to thank the City for the cumulative efforts in Gillespie Park improvements which are nearly completed; that they are very pleased with the park; that many positive activities are taking place there; that there has been more activity in the park during the last three weeks than in the last ten years; that it is very encouraging; that it is beautiful and everyone is extremely delighted with the park. Mr. Whitcomb Rylee and Mr. Mark Famiglio, 888 Boulevard of the Arts, representing himself, came to the Commission table. Mr. Rylee stated that they wished to advise the Commission that Mr. Famiglio will be resubmitting an application for historic designation for the Humber House with the intent of moving the building to the northwest corner of Second Street and Cocoanut Avenue; that during the last week his firm has begun documenting the Humber House in order to receive National Register Nomination and tax credits; that they wished to update the Commission on this matter in case there are any questions as to the continued existence of the structure in its present location; that they believed that they have arrived at a viable means of saving the property and beautifying the City at the same time. Mr. Famiglio confirmed that they will be requesting permits for removal and restoration of the structure; that they will be appearing before the Planning Board for developmental review of the entire tract. 16. UNFINISHED BUSINESS - REPORT RE: CLAIM OF BONNIE WAGONER = CLAIM REJECTED (AGENDA ITEM VII-2) #3 (3390) through #4 (0585) City Manager Sollenberger stated that the Commission had directed he and the City Attorney to settle the claim of Bonnie Wagoner subsequent to hearing her allegations concerning flooding from her property due to a road improvement constructed by the City; that the City Attorney was asked to conduct an investigation for the City by interviewing employees and officials associated with the City at the time; that the statements indicate there was flooding on the property prior to construction of the improvements; that the improvements on Devonshire Lane were made to alleviate the flooding problems; that subsequent to that there were additional complaints; that the City, upon two occasions, has taken other corrective actions. Mr. Sollenberger continued that he and Attorney Mark Singer, of the City Attorney's office, appeared at the Citizen's Dispute Settlement Program on April 6, 1993; that no agreement was reached and he was not able to indicate that he could make a recommendation to the Commission to settle this matter other than his own settlement authority not to exceed the sum of $5,000. Vice Mayor Patterson and Commissioner Merrill left the Commission Chambers at 10:30 p.m. Mr. Sollenberger stated that he feels the City has made a good faith effort to respond to the complaints; that he recommends rejecting the claim once and for all and that the matter be finalized and not be discussed before the Commission again. City Attorney Taylor stated that the next step beyond the Commission would be for Ms. Wagoner to pursue judicial remedies; that the Commission should not wish to involve themselves in a debate here at the table with Ms. Wagoner or any of those speaking on her behalf; that this could still remain as a substantial dispute concerning whether or not Ms. Wagoner is entitled to her relief; and that it may just have to be left that way by denying the claim. Vice Mayor Patterson and Commissioner Merrill returned to the Commission Chambers at approximately 10:35 p.m. Mayor Pillot stated that the Commission has received numerous reports regarding this matter; that considering the input received over the weeks from Ms. Wagoner he will vote in favor of the City Manager's recommendation; that he will individually decline to comment in any way other than to courteously give Ms. Wagoner and those with her the opportunity to speak. Ms. Bonnie Wagoner, Attorney Kraig Koach, Mr. Sydney Collins, and Colonel Walter P. Jenkins and Mrs. Jenkins came to the Commission table. Ms. Wagoner stated that Colonel Jenkins grew up in the neighborhood and is very familiar with it; that Mrs. Jenkins testified when she requested to have Devonshire Lane vacated for ingress and egress to her easterly two lots which was the reason for the paving. Attorney Koach, representing Ms. Wagoner, stated that he is here at the request of the Commission in order to answer any questions that the Commission may have regarding this matter. Mayor Pillot stated that their appearance, though welcome, is not at the request of the Commission; that this matter was placed on the agenda pursuant to the Commission's request of the City Manager to make a recommendation to the Commission, which has been done; and that Ms. Wagoner may exercise her right to speak. Ms. Wagoner stated that she was told that she should appear at this Commission meeting with her attorney. Book 35 Page 9360 05/03/93 6:00 P.M. Book 35 Page 9361 05/03/93 6:00 P.M. Mayor Pillot stated that he had strongly advised her to do so out of courtesy in order to assure that she was not unrepresented; that the City Manager had made his recommendation. Mr. Collins stated that he is an architect and preservationist; that he knew Ms. Wagoner's house 20 years ago and had dinner there prior to the house being inundated with water; that he remembers when the dike was installed; that the dike began to have holes in it and there was continual flooding into Ms. Wagoner's yard with great intensity; that the reason for this was that the street was placed into an invert swale and a berm at the end to slow the water in the canal; that the house is now ruined; that the slab is broken in two; that the walls have half inch cracks in them because of the water that ran through the sugar sand below it; that the roof has also broken down as a result of the terrible shear cracks at all corners of the masonryi that he feels this house has been ruined by careless engineering and that he feels that Ms. Wagoner has some right to some recourse. Mr. Collins continued that as a result of the strife during the past 20 years, Ms. Wagoner contacted spinal meningitis from the water running through her house; that she has nervous problems; that she deserves some restitution for the poorly thought out engineering; that presently there are plans for additional reworking because there is still water flowing under the property during storms; that he disagrees with Mr. Sollenberger; that he knew the engineer and others; that Ms. Wagoner has sustained approximately $77,000 in damages to replace the house because of the FEMA (Federal Emergency Management Agency) relationships that now exist; that none of the other houses have sustained damage because her property received all of the water from the entire neighborhood. Colonel Jenkins stated that he was raised in this neighborhood; that he moved in the neighborhood in 1934; that all of the land surrounding Ms. Wagoner's house, and all of Devonshire Lane, South never had much of a flooding problem in those days because there was a ditch that originated at Rawls Avenue and continued to the "big ditch" which was actually an extension of Hudson Bayou; that that ditch was there for many years; that when Devonshire Lane was developed over the years and the street finally paved something happened to the drainage problem which came about in 1935 when there was a terrific hurricane that killed many people in Key West; that there was some flooding of some of the lots there; that the City then installed the ditch; and that subsequent to that there were no problems in the area; that subsequent to the street being placed in, the area suddenly became a catch pond at the end of Ms. Wagoner's property. Ms. Jenkins stated that she first visited the property in 1943; that all of the land was not developed then; that the ditch was there at the time and has since been filled in; that when the City built the road there was a pile of rubble placed in the ditch which throws the water onto Ms. Wagoner's property; and that prior to that time there was drainage. Ms. Wagoner stated that she wished to read from the State legislature as follows: "It is the intent of the State Legislature that all governmental entities in this State recognize and respect judicially acknowledged or constitutionally protected private property rights. It is the intent of the legislature that all rules, ordinances, regulations, and programs adopted under the authority of this act must be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and property owners must be free from actions by other which would harm their property. Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that it is determined to be an invalid exercise of police power which constitutes taking as provided by law. Any such relief must determined in a judicial action." Ms. Wagoner stated that she has tried very hard to settle this; that she took the word of the Administration and Commission that this would be mediated in good faith; that she has not found this to be the case; that she has asked for a copy of an engineering study that was done on her property, which her permission was needed to do so; that she has never heard of an engineering report being made verbally; that she would like to have a copy of that report. Mayor Pillot stated that anything that exist of that nature is public record by Florida Law and would be made available upon request if it exists. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the City Manager's recommendation that the claim of Bonnie Wagoner be rejected. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. UNFINISHED BUSINESS - DISCUSSION RE: RECEIVE REPORT ON THE ART WORK FOR THE SOUTH SARASOTA ELEVATED WATER TANK AT SOUTHGATE - BIDS TO BE OBTAINED FOR BOTH PAINT SCHEMES (AGENDA ITEM VII-3) #4 (0586) through (0617) city Manager Sollenberger stated that the recommendation is that bids be obtained for both paint schemes and a determination made at that time. Book 35 Page 9362 05/03/93 6:00 P.M. Book 35 Page 9363 05/03/93 6:00 P.M. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the City Manager's recommendation. Motion carried (4 to 1): Atkins, no; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 18. NEW BUSINESS = APPROVAL RE: CHANGES IN CONCEPT PLAN INVOLVING THE SUBSTITUTION OF HOLLY TREES FOR LIVE OAKS FOR THE NORTH TAMIAMI TRAIL MEDIAN BEAUTIPICATION PROJECT APPROVED WITH CITY MANAGER TO CHOSE THREE ALTERNATE TREES (AGENDA ITEM VIII-1) #4 (0617) through (0780) City Manager Sollenberger stated that the Florida Department of Transportation (FDOT) will not allow Live Oaks to be placed in medians due to their size; that the Administration's recommendation is that the East Palatka Holly be substituted; that this recommendation was made by Mr. Cooley who is the project landscape architect. Vice Mayor Patterson stated that she is very disappointed because she was hoping for canopy trees in the medians; and asked if the curbing needs replacement if East Palatka Holly trees are planted. Mr. Dennis Daughters, City Engineer, and Ms. Alexandrea Hay, Assistant City Engineer, came to the Commission table. Ms. Hay stated that the curb will still need replacing; that the FDOT rules indicate that a 4 inch diameter tree can be planted without having to replace the curbs; that the allowable growth is up to 18 inches of mature diameter but the tree must be planted at least 4 feet behind the non-mountable curb. Mr. Daughters stated that 10 feet of clearance is required for mountable curbs; and that the curb does need to be replaced. Commissioner Atkins asked if any other trees had been considered. Ms. Hay stated that crepe myrtle was mentioned and that the East Palatka Holly was recommended by FDOT; that a $100,000 grant request has been made through a private foundation; that in order to receive this grant the contract must be awarded by the end of May. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the change in concept plan with the proposal for three substitute alternates for Live Oaks to be chosen by the City Manager. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 19. NEW BUSINESS APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE 93-3696, TO PROVIDE AN AMENDED DEFINITION OF "TIREFIGHTER," TO PROVIDE AN OPTION FOR DIRECTION TRANSFER QUALIFYING FOR ROLLOVER TREATMENT; TO PROVIDE FOR EARLIER ELIGIBILITY FOR COST-OF-LIVING ADJUSTMENT: TO PROVIDE FOR FIRE-FIGHTERS TO CONTRIBUTE 9% OF SALARY BEGINNING OCTOBER 1, 1998; ETC. DENIED (AGENDA ITEM VIII-2) #4 (0780) through (1620) Fire Captain David Stershic, Firefighters' Pension Board Chairman, and Mr. Joe Nichols of Gabriel, Roeder and Smith and Company, Actuary Representative for the Firefighters' Pension Board, came to the Commission table. Captain Stershic stated that they would like to convince the Commission to set for public hearing an ordinance designed to adjust the Cost-of-Living Adjustment (COLA) to age 51 for the Firefighters' Pension Plan; that he is not asking the Commission's approval of the ordinance but to set it for public hearing. Captain Stershic stated that the Firefighters' Pension Board is charged with ensuring the soundness of the pension fund and protecting and enhancing the benefit for all members; that on April 5, 1993 extensive discussion was held regarding the ordinance and a few problems were pointed out; that the ordinance has been adjusted to reflect the Commissioners' concerns; that the retroactivity was raised which means that an individual already retired will not be entitled to the COLA at age 51. - Vice Mayor Patterson stated that this may not be a good time to set this for public hearing unless it is set for public hearing without a date specific, and until an opinion has been returned by City Attorney Taylor; that the Commission agreed to obtain further expertise on whose decision it is to set the method of calculating the pension fund; that if it is the Commission's this might be a reasonable request, but the Commission has substantially more ability to modify it; that the request is directly being paired with "if you give us this, we will recalculate the fund which will lower your necessary annual contribution." Vice Mayor Patterson stated that part of her unease is that the Board can go back and recalculate this at any time; that the City Attorney obtaining the Attorney General's opinion may not necessarily be the best way for the City Attorney to make a recommendation on this matter. Mayor Pillot stated that the authority to set actuarial standards is separate from the proposed ordinance which should stand or fall on its own merits; that no one can guarantee the future actions of a pension board; that the authority to change actuarial standards is vested within applicable and restrictive laws; that this is also Book 35 Page 9364 05/03/93 6:00 P.M. Book 35 Page 9365 05/03/93 6:00 P.M. a matter of accepting integrity; that it is hoped that the integrity of the Firefighter's Pension Board would be equally accepted; that he was told today that the Florida League of Cities did not eagerly look for an Attorney General's opinion because they did not want to hear it; that for all of these reasons the Commission should proceed and vote for or against setting this matter for public hearing on its own merits. City Attorney Taylor stated that the Commission had directed him to seek the opinion of the Attorney General; that the State of Florida is very much a party to this proceeding and has definite ways of viewing this particular subject matter; that he has not yet contacted the League of cities for their expertise on this matter; that he has not yet requested the Attorney General opinion. Commissioner Cardamone stated that she does not believe that anyone is questioning the integrity of the Firefighters' Pension Board; that it concerns her that ordinances are drafted by persons other than staff or the City Attorney for the Commission to react to and asked if this is normal procedure, or if questions are brought forth for the Commission to then draft the ordinances. Attorney Taylor stated that the normal way is for the ordinance to proceed through his office; that there are certain circumstances where routine rezonings have been constructed in the Clerk's office; that the sole exceptions that he recalls have been in the areas of pension fund operations and personnel matters where outside attorneys or boards have been sought to prepare the documentation; and that he prepares most ordinances but not all of them. Mayor Pillot stated that he views the Firefighters' Pension Board attorney, who is a pension specialist, as being an arm of the City's legal staff in an indirect sense, but an appropriate one. Mayor Pillot asked Attorney Taylor if he felt that the ordinance was appropriately drafted in the manner in which it was. Attorney Taylor stated yes, and with no definitive action by the Commission, this is in keeping with practices that have occurred over the years from time to time. On motion of Commissioner Merrill it was moved to approve the City Manager's recommendation to first receive the Attorney General's opinion, then determine whether to set for public hearing. Motion died for lack of a second. Vice Mayor Patterson stated that she would like to give Attorney Taylor an opportunity to talk to the League of Cities and return to the Commission with a recommendation as to whether he will approach the Attorney General or whether he will seek outside legal expertise; that she would prefer more definitiveness on the table. On motion of Vice Mayor Patterson, it was moved to approve the City Manager's recommendation, but instead of the Attorney General's opinion, to wait for the City Attorney's opinion and recommendation. Motion died for lack of a second. On motion of Commissioner Merrill and second of (Mayor Pillot passed the gavel to Vice Mayor Patterson) Mayor Pillot, it was moved to set proposed Ordinance No. 93-3696 for public hearing. Motion failed (4 to 1): Atkins, no; Cardamone, no; Merrill, no; Pillot, yes; Patterson, no. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to proceed to the next agenda item. There was no vote on this motion. Commissioner Cardamone stated that she has been intrigued with the creative ways in which the Sarasota County School system is considering buying out teachers with long years of service and high salaries without ties to COLA increases for many years and asked if that kind of thinking had been investigated by the Firefighters' Pension Board. Captain Stershic stated that that had been discussed but that the Firefighters' Pension Board had investigated no option that does not provide a benefit for the entire membership of the Pension Plan; that the City had discussed this option previously; that the Pension Board did not feel that it warranted further discussion. Vice Mayor Patterson stated that she suggests consideration of this ordinance as put forward as a possible early retirement benefit could in some form meet what Commissioner Cardamone has in mind; that it is possible that some people might consider retiring if the COLA was received early; that at the moment the City has a particular desire to shorten staff by certain people who are close to or in the normal retirement age bracket; that if this ordinance was placed into effect for a limited period of time this could be addressed at the end of that period of time to determine the feasibility of continual funding of this benefit. Captain Stershic continued that he feels the Commissioners' concerns have been accommodated in formulating the ordinance; that it seems that the only matter that has not been erased is a benefit for all; that early retirement for employees at a higher pay. scale has been provided for; that reduced contributions by the city has been provided; that he does not understand the direction of the Commission unless it is that they do not want pension fund participants to enjoy a long term benefit; that he is asking direction from the Commission; that he felt the Firefighters' Pension Board did an excellent job of working $3.7 million back into the City's pocket. Book 35 Page 9366 05/03/93 6:00 P.M. Book 35 Page 9367 05/03/93 6:00 P.M. Commissioner Merrill stated that during a recessionary time as this is not the time to be increasing long-term benefits; that considering an early retirement program to assist in reducing the senior level managers and using those funds, if available, should be done; that he does not view this as excess money in the pension plan or that benefits should be increased before money is available. Mayor Pillot stated that if he had intended to not be willing to set this matter for public hearing he would have called Captain Stershic to tell him that; that if Captain Stershic had heard that from three or more Commissioners he could have pulled this matter from the agenda and saved everyone's time and expense. On motion of Commissioner Merrill and second of (Mayor Pillot passed the gavel to Vice Mayor Patterson) Mayor Pillot, it was moved that, due to the late hour, the remaining agenda items be tabled until the next meeting. Motion withdrawn. 20. NEW BUSINESS DISCUSSION RE: PROPOSED ORDINANCES TO RESTRICT REPAIRS TO NON-CONFORMING STRUCTURES; AND TO REQUIRE LANDSCAPING WITH BUILDINGS HAVING ALTERNATIONS OR ADDITIONS APPROVED TO PROCEED (AGENDA ITEM VIII-3) #4 (1620) through (2070) City Manager Sollenberger stated that the Commission's direction is sought in order to finalize this proposed ordinance; that the idea is to remove the restriction of only 10% repairs to non-conforming structures which are not sunsetted; that the problem is that this kind of restriction encourages blight. Mr. William Hewes, Director of Housing, Building and Zoning, came to the Commission table and stated that there are a number of buildings designated by the zoning code to cease their non-conforming use through demolition or conversion to a conforming use; that there are a number of buildings that do not have such a provision; that there are a number of structures which have two or three units on a lot that is actually in a residential area; that there is no provision to require that the building's use to cease; that it is not in the best interest of the City not to have those properties kept in the best condition. Mr. Hewes continued that there is a present situation in which the work would vastly exceed the 10% limit; that it seems inappropriate not to allow the owners to spend considerable funds on renovations on the buildings that will not ever be required to change their use. Mayor Pillot asked if the recommendation is to add the language shown on the second page of the Ordinance, Section 9-10, underlining the language that has a termination date set in the ordinance in Section 9-5J which would say that the a non-conforming structure that does not have a termination date would be exempt from the 10% rule. Mr. Hewes stated that was correct. Mr. Sollenberger stated that he recommends approval of this recommendation. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the recommendation to add language to Code Section 9-10 that will change the regulations of repairs and maintenance on a non-conforming structure to permit that to happen in any structure, without the 10% rule, provided that that structure does not have a termination date set, but that the 10% rule would remain as currently written if the structure, does have a termination date set; and that all of this is in order to proceed with the necessary legalities for constructing the ordinance. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. City Auditor and Clerk stated that the procedure on this is for the proposal to be forwarded to the City Attorney's office for final ordinance drafting; that this would need a public hearing before the Planning Board; that it would be reported back to the Commission on the third Monday in June; that a public hearing could then be held on the first Monday in July; that this matter could probably be completed during the month of July, but no sooner. Mr. Hewes stated that there is a provision in the current zoning code which requires landscaping on any new project; that there are numerous properties that were constructed prior to that requirement; that as these properties are improved there has been no requirement that landscaping be added; that this would require that landscaping be added if the cost of an addition or alteration exceeds 50% of the assessed value of the structure; and also will require that the additional landscaping will not reduce the parking spaces by more than 5%. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to approve the second proposed ordinance requiring landscaping for buildings having alterations or additions made to them. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to extend the meeting beyond 11:30 p.m. in order to complete the agenda. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, yes; Pillot, yes. Book 35 Page 9368 05/03/93 6:00 P.M. Book 35 Page 9369 05/03/93 6:00 P.M. 21. NEW BUSINESS - APPROVAL RE: ACCEPT THE RECOMMENDED CONCEPTUAL PLAN ALTERNATIVE; AUTHORIZE BISHOP AND ASSOCIATES TO PROCEED WITH: (A) PRELIMINARY DESIGN, (B) PERMITTING AGENCY ANALYSIS, AND (C) FUNDING SOURCE ANALYSIS; AND DIRECT ADMINISTRATION TO RETURN TO THE COMMISSION WITH INFORMATION DEVELOPED FOR THE COMMISSION'S APPROVAL TO PROCEED WITH GRANT APPLICATIONS AND FINAL DESIGN FOR THE NEW PASS SEAWALL REPLACEMENT PROJECT AT KEN THOMPSON PARK - APPROVED (AGENDA ITEM VIII-4) #4 (2070) through (2760) City Engineer Dennis Daughters, David Wachtel and Frank Coughanour of Bishop and Associates, came to the Commission table. Mr. Daughters stated that the Commission authorized a study for the repair of the seawalls at Ken Thompson Park along New Pass; that the seawall has deteriorated to a great extent; that the consultants have studied six alternates in detail; that the strategy is to present the project to the Commission at each step in the process; that the main reason for this is that sufficient funds for the project are not available; that part of the work effort will be pursuing additional funding; that in order to pursue the additional funding it is necessary to determine what project to pursue and what project is permittable by the various agencies. Mr. Daughters continued that if one of the six conceptual plans presented tonight is selected the consultant will proceed with a preliminary plan on that alternate and further detail the permitting agency analysis and perform the funding source analysis; that subsequently the recommendations will be returned to the Commission with a request to proceed with grant applications and the final design. Mr. Coughanour presented an overview of the site and stated that the least cost estimate of the project is $1.3 million. Mr. Daughters stated that along with the staff recommendation for alternate No. 6, the seawall alternate versus the rip-rap alternate, staff feels very strongly on the seawall alternate in that it does provide other uses; that it is the only place in the entire county to tie a large barge and have access to land from it; that that is being used by the County itself, also the Town of Longboat Key, and also used by the City and other agencies for that purpose; that a rip-rap shoreline would create much difficulty in tying up a large barge. Vice Mayor Patterson asked if there had been any consideration in approaching other agencies who are using this area and requesting their funding assistance. Mr. Daughters stated that there is currently $400,000 set aside for the project; that $200,000 of that is from West Coast Inland Navigation District (WCIND) i that the County assisted in the paper work for applying for the WCIND funds; that the County would be one of the agencies most likely to be pursued for separate funding. Mr. Daughters continued that $1.3 million is the total; that of that there is $400,000 available; that the strategy is to have a plan and approach various grant agencies to solicit more funding. Mr. Sollenberger stated that completion of the preliminary design is part of the contract; that it will not cost any more to complete this phase of the work; that the situation is that the seawall is approaching 70 years; that some of the land may be jeopardized in the future if there is a storm or a significant wash out; that it will be difficult to reclaim what may wash out; that he recommends that the Commission proceed with completion of the work under this phase of the consultant's services; and that the Administration can seek funding sources for the project; that funding for this is a long shot, but that it is worth following this strategy. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the City Manager's recommendation which is alternate No. 6. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yesi Patterson, yes; Pillot, yes. 22. BOARD APPOINTMENTS = (AGENDA ITEM IX) None. 23. REMARKS OF COMMISBIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - (AGENDA ITEM X) #4 (2760) through (2870) COMMISSIONER ATKINS: A. stated that he would like for the City Manager to review the different items presented by Ms. Smith and Ms. Dixon in the Citizens' Input and provide him with an update on each item so he may forward it to them so they will understand that work has been taking place on each of the matters listed. COMMISSIONER CARDAMONE: A. stated that she would not presume to call someone and ask them to pull an item from the agenda; and that she would not know how to determine in advance whether three votes would be present. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS - (AGENDA ITEM XI) #4 (2870) through (2945) Book 35 Page 9370 05/03/93 6:00 P.M. Book 35 Page 9371 05/03/93 6:00 P.M. CITY MANAGER SOLLENBERGER: A. stated that he received a letter from Senator Graham regarding his favorable impression of the downtown redevelopment; that Senator Graham stated that he visited Sarasota during his attendance of Ricky Ray's funeral and that he had observed what was occurring in downtown Sarasota; that he found it aesthetically pleasing; that he surmised that downtown was economically viable; that he had indicated that he is a firm believer in the downtown revitalization and rebuilding of the urban core. Mr. Sollenberger stated that he felt it was fine that someone outside of the community, particularly of the Senator's stature would make note and take the time to send a compliment our way regarding what the City has been able to undertake and accomplish. 25. ADJOURN - MEETING ADJOURNED AT 11:45 P.M. (AGENDA ITEM XII) #4 (2945) through (2955) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adjourn the meeting. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. The meeting adjourned at 11:45 p.m. TA PMc GENE PILLOT, MAYOR à ATTEST: y E Robens an Rilu BILLY E. BOBINSON, CITY AUDITOR AND CLERK