Book 39 Page 12907 03/18/96 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 18, 1996, AT 6:00 P.M. PRESENT: Mayor David Merrill, Vice Mayor Mollie Cardamone, Commissioners Jerome Dupree, Nora Patterson, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor David Merrill The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR FEBRUARY 1996 - JOAN L. ROLA, SENIOR CLERK, PLANNING AND DEVELOPMENT DEPARTMENT #1 (0054 ) through (0200) City Manager Sollenberger requested that Jane Robinson, Director of Planning and Development, William Davenport, Director of Human Resources, and Joan Rola, Senior Clerk, come before the Commission. Mr. Davenport stated that Ms. Rola has worked with the City since 1988; that she recently transferred from the Human Resources Department to the Department of Planning and Development; that Ms. Rola's outstanding performance in organizing and spearheading the United Way campaign for the City during the past six years has been exemplary; that the City's United Way contributions increased by 26% and payroll deductions increased by 31% for fiscal year 1995/96 due to Ms. Rola's persistence and fortitude in working with Department Team Leaders; that in addition to coordinating the United Way campaign, Ms. Rola coordinated the Citywide Savings Bond Program and has received awards from the United States Treasury Department for the past three years for her outstanding efforts; that the outstanding commitment Ms. Rola gives to her job exemplifies an employee who serves with excellence and pride. Ms. Robinson stated that Ms. Rola transferred to the Department of Planning and Development in December 1995 and sets an excellent example for others to follow. Mayor Merrill presented Ms. Rola with a City-logo watch, a plaque, and a certificate as the February 1996 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. Rola stated that excellent leadership received from Mr. . Davenport, Ms. Robinson, and Cecil Baker, Deputy Director of Human Resources and the assistance of the Department Team Leaders helped bring about the success of the United Way campaign. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0200) through (0240) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Scheduled Presentations, Item No. V-1, Presentation Re: Request to cancel the Three Party Agreement as amended between First Sunset Development, Inc., the John Ringling Centre Foundation, Inc., and the City and the Security Agreement pertaining to the demolition of the Towers in order to allow for the release of the State grant funds now held in escrow, per the request of City Manager Sollenberger B. Remove under Unfinished Business, Item No. VII-2(d), Adoption Re: Second reading of proposed Ordinance No. 96-3908, to vacate Adams Lane (60-foot right-of-way) approximately 333.71 feet in length commencing at the east right-of-way line of south Washington Boulevard and travelling to the east; and also vacating the northerly 2.45 feet of the 2-foot alley lying between Lots 1 and 12, Block B, Plat of Washington Center; providing for the relocation of Adams Lane to the south to consist of a 40- foot wide right-of-way approximately 333.71 feet in length commencing at the east right-of-way line of south Washington Boulevard and travelling east, per the request of City Manager Sollenberger C. Add under Board Appointments, Item No. IX-1, Appointment Re: Children and Youth Services Advisory Council Mayor Merrill asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Merrill stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. 3. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MARCH 4. 1996 - APPROVED (AGENDA ITEM I) #1 (0240) through (0250) Mayor Merrill asked if the Commission had any changes to the minutes. Mayor Merrill stated that hearing no changes, the minutes of the regular City Commission meeting of March 4, 1996, are approved by unanimous consent. Book 39 Page 12908 03/18/96 6:00 P.M. Book 39 Page 12909 03/18/96 6:00 P.M. 4. BOARD ACTIONS: REPORT RE: PARTIAL PLANNING BOARD REPORT OF SEPTEMBER 6, 1995, REGARDING PROPOSED CODE AMENDMENT FOR COMMERCIAL BUSINESS NEWTOWN (CBN) ZONE DISTRICT ADMINISTRATION TO PREPARE AND SET TWO ORDINANCES FOR PUBLIC HEARING (AGENDA ITEM II-1) AND 5. BOARD ACTIONS: REPORT RE: ADVANCE PLANNING BOARD REPORT OF MARCH 6, 1996 REGULAR MEETING, REGARDING PROPOSED STREET VACATION PETITION 96-SV-04 (VACATE RIGHT-OF-WAY LOCATED AT N.E. CORNER OF THE RINGLING BOULEVARD/RD/RINGLING SPUR INTERSECTION) -= ADMINISTRATION TO PREPARE AND SET ORDINANCE FOR PUBLIC HEARING ON APRIL 1, 1996 (AGENDA ITEM II-3) #1 (0250) through (0855) Michael Taylor, Deputy Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Lindsay presented the following item from the Planning Board/Local Planning Agency's regular meetings of September 6, 1995, and March 6, 1996: A. Proposed Code Amendment for Commercial Business Newtown (CBN) Zone District Mr. Lindsay stated that the PBLP delayed reporting on this subject until a District 1 Commissioner was. in attendance; that currently, the CBN zone district has no setback requirements except where a side or rear yard abuts a residential zone or the front yard is within 75 feet of a residential zone; that the exception, which was implemented to buffer existing residential zones from commercial uses, is confusing; that on September 6, during the public hearing on the City-initiated rezoning for eligible parcels currently zoned Commercial Neighborhood (CN) to become CBN, the PBLP recommended the Commission direct staff to proceed with amending the CBN zone district to correct the misspelling of the term "Newtown, I clarify the setback language, specifically relating to Dr. Martin Luther King, Jr. (MLK) Way, and delete the restrictions on the hours of operation for permitted and special exception uses. Commissioner Patterson stated that the PBLP motion as reflected in the minutes does not include deleting the restrictions on the hours of operation. Mr. Taylor stated that deletion of the restriction on the hours is the Staff's recommendation; that as requested by the PBLP, Staff met with the membership of the Newtown Task Force to determine the position of the community; that the community is divided on this issue; that the intent of prohibiting businesses from operating between the hours of midnight and 6 a..m. was to discourage individuals from congregating on streets and. sidewalks late at night; however, Staff and a large majority of the community are of the opinion the congregating would continue even if businesses were closed 24 hours each day; that an alternative approach is necessary to address what is considered to be a social issue. Vice Mayor Cardamone stated that neighbors with adjacent properties appeared before the Commission requesting relief from the noise and continuous congregating occurring on the sidewalks and streets in Newtown in the vicinity of businesses operating after midnight; that an alternative solution to address the request made by neighbors would be required prior to her supporting deletion of the restriction on hours of operation. Commissioner Dupree stated that he attended the Task Force meeting referenced; that a consensus in the community has not been reached; that concerns were raised regarding businesses which generate high noise levels not only on Dr. MLK, Jr., Way but throughout neighborhood streets; that the Task Force agreed that restricting the hours of operation would not effectively address the problems experienced with people congregating on the streets late at night; that the Ministerial Association feels increased foot patrols in the business areas would be a more effective approach than restricting the hours of operation. Commissioner Patterson stated that existing hours of operation are not being changed; that a more relaxed zone district is being offered to those businesses which will agree to close between the hours of midnight and 6 a.m.; that a similar concept was initiated on North Tamiami Trail; that a formal recommendation by the PBLP regarding the hours of operation has not been received; and asked if two ordinances, one with the restriction and one without, can be set for public hearing? City Attorney Taylor stated yes. Mayor Merrill stated that an alternative option is to refer the issue to the PBLP for a recommendation. Mr. Taylor stated that the Administration is recommending Staff be directed to proceed with an amendment to the CBN zone district in coordination with the comprehensive update of the Land Development Regulations (LDRS) as follows: 1. Correct the misspelling of Newtown 2. Draft appropriate revisions to setback language 3. Delete the restrictions on hours of operation for permitted and special exception uses or, alternatively, clarify enforcement if the restrictions are to be retained. Book 39 Page 12910 03/18/96 6:00 P.M. Book 39 Page 12911 03/18/96 6:00 P.M. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to authorize the preparation of two ordinances to amend the CBN zone district and be set for public hearing. Vice Mayor Cardamone requested that the Newtown Task Force, the Ministerial Association, the Newtown Business Association, and Leon Neighborhood Association be noticed of the public hearing and asked to participate if the motion passes. Commissioner Patterson stated that the hours of operation of certain types of businesses, i.e., office uses, will not affect the surrounding neighborhoods; however, other types of businesses, i.e., a restaurant serving beer until 3 a.m., will; that consideration should be given to restricting the hours of operation on certain uses only. Commissioner Pillot asked if the intent of the motion is to have enforcement of the restrictions clarified in the draft ordinance restricting hours of operation? Vice Mayor Cardamone stated yes. Mayor Merrill called for the vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mr. Taylor asked for clarification as to the Commission's determination regarding the setback language. Mayor Merrill stated that hearing no objections, the Administration is authorized to proceed with drafting appropriate revisions to the setback language. B. Petition No. 96-SV-04 Mr. Lindsay stated that Petition No. 96-SV-04 is a request to vacate right-of-way located in the northeast corner of the Ringling Bouleyara/Ringling Spur intersection; that the street vacation request contains approximately 998 square feet of a concrete sidewalk and approximately 51 square feet of the eastern most travel lane of the Ringling Spur; that the total area requested for vacation is approximately 1,039 square feet; that the petition was submitted in connection with a revised development plan to permit construction of an a Hollywood 18 Cobb Theatre; that the PBLP approved revised Development Plan 96-DPR-01 and recommends Commission approval of Petition No. 96-SV-04 subject to the following: The petitioner shall obtain the certificates of occupancy for the structures described in Petition No. 96-DPR-01 prior to January 16, 2000. In the event the certificates of occupancy for the structures described in Petition No. 96-DPR-01 are not issued prior to January 16, 2000, the City shall be deemed to have retained the public right-of-way previously vacated by Ordinance No. 96-3925 and the petitioner, at the petitioner's sole expense, shall restore the public right-of-way previously vacated to the condition existing as of the effective date of this ordinance in compliance with the requirements of all applicable codes and ordinances of the City of Sarasota. On or about January 16, 2000, the City Auditor and Clerk shall reçord notice in the public records of Sarasota County stating whether or not this condition has been fulfilled. The Planning Board hereby finds that the closing or discontinuing of the public street is in the best interest of the City and the public, based upon the evidence in the record, pursuant to Section 30-82, Sarasota City Code. C. Previous motion regarding Petition No. 96-SV-01 Mr. Lindsay stated that PBLP action was taken to clarify a previous motion made at the December 13, 1995, special meeting of the PBLP to expressly set forth that the PBLP's recommendation for Commission approval of Petition No. 96-SV-01, subject to the conditions set forth in the minutes of the December 13, 1995, was based on the following: The Planning Board found that the closing or discontinuing of the public street was in the best interest of the City and the public, based upon substantial, competent evidence in the record, pursuant to Section 30-82, Sarasota City Code. City Manager Sollenberger stated that the Administration recommends receiving the board report and directing the preparation of and setting for public hearing on April 1, 1996, an ordinance for Street Vacation Petition 96-SV-04. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to approve the Administration's recommendation. Commissioner Patterson stated that the petition includes vacating a portion of sidewalk; and asked if a pedestrian walkway along Ringling Boulevard will be retained. Mr. Taylor stated yes. Mayor Merrill called for the vote on the motion. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 6. BOARD ACTIONS: REPORT RE: POLICE OFFICERS I PENSION BOARD OF RUSTEBES REQUEST TO PROVIDE A 13TH CHECK FOR AN ANNUAL COST- OF-LIVING PAYMENT AFTER RETIREMENT AND BETWEEN AGE 51 AND AGE 55 SET PROPOSED ORDINANCE NO. 95-3917 FOR PUBLIC HEARING (AGENDA ITEM II-4) #1 (0875) through (1780) Book 39 Page 12912 03/18/96 6:00 P.M. Book 39 Page 12913 03/18/96 6:00 P.M. John Schultz, Chairman, Police Officers' Pension Board; Lee Dehner, Attorney; and Ron Smith, Actuary, came before the Commission. Mr. Schultz stated that proposed Ordinance No. 95-3917 amends the Police Officers' Pension Code by simplifying and clarifying the language which provides for the cost-of-living adjustment (COLA) i that currently, retired police officers are not eligible to receive a COLA until age 55, although normal retirement is at age 50 with 25 years of service; that the proposed ordinance amends the Code to pay a 13th check each February to retired police officers not eligible for the regular COLA increase; that the 13th check is an annual lump sum calculated in the same way as the regular COLA increase; however, unlike the COLA, the increase is not added into the base pay of the monthly retirement check; that the 13th check provision will be funded from the Reserve Fund for Future Benefit Improvements established with excess earnings in the Pension Fund; that the City contribution will not be affected; that the proposed ordinance guarantees perpetuity by providing a safety valve provision by which the amount issued will be reduced proportionately if the sum total of the 13th checks exceed 3.5% of the balance of the Reserve Fund. Mr. Schultz continued that the last improvement to the Pension Fund occurred in 1987; that the City contribution to the Pension Fund has averaged 11.23% over the past five years; that employees contribute 8%, and the State contributes between 6% and 7% annually; that over $20 million in excess earnings has been generated by the Pension Fund over the past five years; that 98% of the excess earnings have been utilized to lower the City's contribution; that the remaining 2% used to establish the Reserve Fund for Future Benefit Improvements will be used to provide the 13th Check benefit; that the Police Officers' Pension Board has not in the past and does not intend in the future to reserve funds to add a benefit to the Pension Fund; that the Board feels the membership is deserving of the benefit proposed; and requests proposed Ordinance No. 95-3917 be set for public hearing. Mr. Smith stated that two cash flow projections have been prepared to reflect the potential effects of the 13th check proposal; that Illustration A is based on the realistic assumptions used to fund the retirement system and determine annually the amount of the City's contribution; that Illustration B is based on conservative assumptions using the maximum Consumer Price Index (CPI) factor of 4% and a higher annual growth in the average pension; that under the realistic assumptions the safety valve never operates; however, under the conservative assumptions, the safety valve is initiated in the year 2000 and limits all future 13th checks. Commissioner Pillot asked if a negative financial impact on the City's General Fund would be experienced if the Pension Fund's equity investments are not fruitful in the future? Mr. Smith stated that no impact could be experienced beyond the Reserve Fund established in the Pension Fund; that the 13th check would be reduced prior to the City's contribution rate being affected. Commissioner Patterson asked if any other changes are proposed which will have an actuarial effect on the Pension Fund? Mr. Smith stated that the other language changes proposed for the existing COLA provision will not have an actuarial effect on the Fund. Mayor Merrill asked if the creation of the Reserve Fund affected the City's contribution rate? Mr. Smith stated that the City's contribution rate declined at the time the Reserve Fund was established; however, the decline would have been greater if the Reserve Fund had not been established. Mayor Merrill asked if the proposed benefit will have financial consequences to the City of Sarasota if a substantial drop in the value of the stock market is experienced? Mr. Smith stated that the affect on the City's contribution rate would be the same with or without the 13th check provision if a substantial drop in the stock market affects the Pension Fund. Mayor Merrill asked for the method used to determine the City's contribution rate. Mr. Smith stated that the City's contribution rate is determined based on the benefits and assets in the Pension Fund, and the ages, lengths of service, and current rates of pay of the police officers. Mayor Merrill asked if the Reserve Fund balance is calculated as an asset? Mr. Smith stated no. Mayor Merrill stated that transferring assets to the Reserve Fund resulted in the City's assuming an increased risk for future volatility in the stock market; that the notion that "free" dollars are available and should be passed onto the membership is not an appropriate analysis; that the analysis presented should be based on needs necessary to be competitive in the market and to retain the City's police officers, e.g, the salaries are below average or the retirement plan is inadequate; that he could support a 13th check provision implemented as an incentive to encourage retirement or to attract younger police officers, but not under the preface that the dollars are free and the provision will not affect the City's contribution rate. Book 39 Page 12914 03/18/96 6:00 P.M. Book 39 Page 12915 03/18/96 6:00 P.M. Mr. Schultz stated that the Pension Fund is a partnership to which the police officers, the City, and the State makes contributions. Attorney Dehner stated that the trustees of the Police Officers' Pension Board have tremendous responsibility and run the risk of personal liability for their actions taken in administering the Pension Fund; that he has provided legal counsel to the Board since 1979; that the Board's policy has been to enable the membership and the City to take advantage of actuarial gains realized; that the City has derived significant benefit by way of reduced contributions; that the Board is requesting the Commission take action to permit the membership to enjoy a small portion of the benefit the Board has produced through well-managed administration of the Fund. On motion of Commissioner Pillot and second of Commissioner Dupree, it was moved to set proposed Ordinance No. 95-3917 for public hearing. Commissioner Patterson stated that Mayor Merrill's analysis that the benefit is not free is accurate; that although the membership contribution rate remains constant, the City's contribution rate fluctuates depending on the Fund's annual rate of return; that in accordance with State law, the City is the guarantor of the retirement benefits, but the trustees have the ability to set aside excess earnings for future benefits; that the Board has been slow to set aside excess earnings; that the amount transferred to the Reserve Fund was relatively modest; however, City contributions will escalate if excess funds are repeatedly used to fund new benefits; that she is concerned with rewarding or encouraging a behavior of the Pension Board which may cause the City's contributions to escalate; that the Board was requested to establish a policy as a guideline for the Commission to indicate that reserving excess funds will not become an increasing or aggressive behavior in the future if proposed Ordinance No. 95-3917 is approved; that the Board has not established such a policy but issued a letter of intent in response to her request. Mr. Schultz stated that the smoothing effect of the Fund assists in preventing the City's contribution from escalating; that, for example, excess earnings of $11 million were realized this year; that a portion of those earnings will used to maintain a stable City contribution rate in future years. Commissioner Patterson stated that maintaining excess earnings for the smoothing effect is a prudent yet discretionary decision made by the Police Officers' Pension Board. Vice Mayor Cardamone asked for the total amount necessary to fund the 13th check in the first year? Attorney Dehner referred to Illustration A of the projections prepared by Mr. Smith which reflected an actual payment of $8,684 for 8 recipients in 1996. Mr. Schultz stated that the Illustrations A and B both reflect the balance in the Reserve Fund at $475,684 in 1994; that Illustration A, based on realistic assumptions, reflects a balance of $2,608,675 in 2024; that Illustration B, based on conservative assumptions, reflects a balance of $1,953,673 in 2024. Mayor Merrill stated that without the Director of Human Resources or the Director of Public Safety indicating a need to implement a 13th check provision to attract potential employees in the market place, he cannot support the provision. Mayor Merrill called for the vote on the motion to set proposed Ordinance No. 95-2917 for public hearing. Motion carried (4 to 1): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, no. Commissioner Pillot stated that Albert Hogle, Vice Chairman, Police Officers' Pension Board, has been promoted to the rank of Captain; that Mr. Smith, who has served as the Board's actuary for many years, will be retiring in two weeks. The Commission extended congratulations to Captain Hogle and best wishes to Mr. Smith. 7. BOARD ACTIONS: REPORT RE: GENERAL EMPLOYEES PENSION BOARD OF TRUSTEES REQUEST TO AMEND TRUSTEE ATTENDANCE REQUIREMENTS = SET PROPOSED ORDINANCE NO. 96-3935 FOR PUBLIC HEARING (AGENDA ITEM II-5) #1 (1780) through (1840) Douglas Taylor, Chairman, General Employee's Pension Board, came before the Commission and stated that currently, the General Employees' Pension Code provides that Board members shall be deemed to have resigned from the Board after missing two consecutive, regular meetings unless the absence is excused by the other Board members; that the proposed ordinance amends the Code to have elected or appointed Board members removed from membership for failure to attend three consecutive, regular meetings, or at such time that the member's absences exceed twenty-five percent (25%) of all meetings in a year; that the purpose of the proposed amendment is to eliminate "excused" absences while allowing Board members one additional, successive absence; that the Commission is requested to set proposed Ordinance No. 96-3935 for public hearing. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to set proposed Ordinance No. 96-3935 for public hearing. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Book 39 Page 12916 03/18/96 6:00 P.M. Book 39 Page 12917 03/18/96 6:00 P.M. 8. CONSENT AGENDA NO. 1: ITEM NOS. 3, 4,5, AND 6 - APPROVED; ITEM NO. 1 = RECEIVED; ITEM NO. 2 - APPROVED (AGENDA ITEM III-A) #1 (1840) through (2402) Commissioner Patterson requested that Item No. 1 be removed for discussion. Commissioner Dupree requested that Item No. 2 be removed for discussion. 3. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract to Copeland Development Company, Bradenton, Florida, (R.F.P. #96-39) in the amount of $792,134 for the rehabilitation of Lift Stations #16 and #40 for the Public Works Department/Utilities Division 4. Approval Re: Authorize the Mayor to sign the proposed amendment to the Community Development Block Grant (CDBG) Program establishing the Rental Rehabilitation Program with a budget of $50,000 and reducing the Housing Rehabilitation Program by $50,000 5. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract to Jon F. Swift, Inc., General Contractors, Sarasota, Florida, (R.F.P. #96-50) in the amount of $224,900 for the construction of pre-engineered metal building to be used for turf care, storage and maintenance facility for the Bobby Jones Golf Complex 6. Approval Re: Continue second reading of proposed Ordinance No. 96-3910, to vacate an alley lying between Block A and Block B of the revised plat of Court House Subdivision; and an approximate 22 foot wide strip of Ringling Boulevard Spur, lying between Main Street and Ringling Boulevard (main thoroughfare) adjacent to Block A of the revised plat of Court House subdivision as recorded in Plat Book 2, Page 48 of the Public Records of Sarasota County, Florida; and a portion of Links Avenue lying easterly of and adjacent to Lots 5, 6, 7, and 8, Block 15, subdivision of Block G and Block H of map of Sarasota, as recorded in Plat Book A, Page 57, Public Records of Sarasota County, Florida, and lying westerly of a portion of Block A and B of the revised plat of Court House Subdivision as recorded in Plat Book 2, Page 48 of the Public Records of Sarasota County, Florida; all vacations lying west of Washington Boulevard, south of Main Street, east of South Osprey Avenue and lying north of Ringling Boulevard (main thoroughfare); more particularly described herein; etc. to April 15, 1996 On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to approve Consent Agenda No. 1, Items 3 through 6 inclusive. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 1. Receipt Re: 1995 Board Annual Reports Commissioner Patterson stated that the report includes an anticipated work program as well as an outline of Staff support services necessary for the 1996/97 fiscal year compared to the 1995/96 fiscal year; that the report indicates $28,500 in support services for the Historic Preservation Board for both years; that personnel from the Sarasota County Department of Historical Resources have been reviewing petitions for historic designation of structures; and asked why the amount budgeted for support services by the City has not changed? Jane Robinson, Director of Planning and Development, and Michael Taylor, Deputy Director of Planning and Development, came before the Commission. Mr. Taylor stated that the amounts reflected in the report are based on historical estimates of Staff time expended; that the $28,500 figure estimated for the Historic Preservation Board equates to approximately 50% of one employee's salary including benefits. Commissioner Patterson asked for the meeting frequency of the Historic Preservation Board. Mr. Taylor stated that five meetings are scheduled annually. Ms. Robinson stated that personnel in the Department of Planning and Development document demolitions, arrange and verify installation of plaques, prepare minutes, and attend meetings. Commissioner Patterson stated that in addition to support services being provided by the County, $28,500 is an excessive expenditure for a board which holds five meetings and designates approximately 20 properties annually; that more recent data should be reviewed to achieve an accurate cost estimate next year. Vice Mayor Cardamone stated that the report also indicates excessive absenteeism of members on various boards, including the Civil Service/General Personnel Board and the Planning Board; and asked for an explanation of the term "excused absence.' a City Auditor and Clerk Robinson stated that the Commission adopted an ordinance which permitted the boards to continue excusing absences. Book 39 Page 12918 03/18/96 6:00 P.M. Book 39 Page 12919 03/18/96 6:00 P.M. Mayor Merrill requested that copies of the existing ordinance be forwarded to the Commission. Mayor Merrill stated that hearing no objections, the report is received. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Agreement for Consultant Services between the City of Sarasota, Florida and Siemon, Larsen & Marsh and authorize $3,000 be allocated from the Land Development Regulations (LDR) budget to the Laurel Park neighborhood, to facilitate the neighborhood defining the standards they prefer in the Neighborhood Conservation District Commissioner Dupree asked for the purpose of allocating $3,000 to the Laurel Park neighborhood. Jane Robinson, Director of Planning and Development, came before the Commission and stated that the Laurel Park Neighborhood Association (LPNA) has requested involvement in the process for developing a conservation district; that the $3,000 will be used to reimburse the LPNA for expenses associated with defining the standards for a neighborhood conservation district, e.g., surveying, postage, film and developing. Vice Mayor Cardamone stated that the LPNA is willing to work toward achieving a model conservation district, which hopefully can then be applied to other City neighborhoods. City Manager Sollenberger stated that the Administration recommends approval. On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to approve Consent Agenda No. 1, Item 2. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 96R-873) - ADOPTED; ITEM 2 (RESOLUTION NO. 96R-878) - ADOPTED; ITEM 3 (RESOLUTION NO. 96R-881) - ADOPTED; ITEM 4 (RESOLUTION NO. 96R-882) = ADOPTED; ITEM 5 (ORDINANCE NO. 95-3900) = ADOPTED: (AGENDA ITEM III-B) #1 (2409) through (2524) City Auditor and Clerk Robinson read proposed Resolution Nos. 96R-878 and 96R-881 in their entirety and proposed Resolution Nos. 96R-873, 96R-882, and Ordinance No. 95-3900 by title only. 1. Adoption Re: Proposed Resolution No. 96R-873, establishing a policy regarding city sponsorship of charitable causes; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 96R-878, appropriating $10,000 from the unappropriated fund balance of the General Fund to provide funds to replenish the Demolition Account for the purpose of continuing to be able to order structures condemned; etc. 3. Adoption Re: Proposed Resolution No. 96R-881, appropriating, $18,205 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the purchase of replacement emergency equipment and car radios for unmarked Police vehicles; etc. 4. Adoption Re: Proposed Resolution No. 96R-882, requesting a Beach Renourishment Project Grant from the Florida Department of Environmental Protection Erosion Control Assistance Program for Fiscal Year 1997/98 for the Lido Key Beach Restoration Project; setting forth findings; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 95-3900, amending Chapter 5, Sarasota City Code, regulating the consumption of alcoholic beverages or possession of an open container within the City by expanding the area of regulation to include all publicly owned property and any other property generally accessible to the public; providing exemptions; setting forth findings; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) On motion of Commissioner Patterson and second of Vice Mayor Cardamone, it was moved to adopt Consent Agenda No. 2, Items 1 through 5 inclusive. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Book 39 Page 12920 03/18/96 6:00 P.M. Book 39 Page 12921 03/18/96 6:00 P.M. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3920, PROVIDING FOR THE CONDITIONAL REZONING FROM THE COMMERCIAL, INTENSIVE (CI) ZONE DISTRICT, SARASOTA COUNTY ZONING, TO COMMERCIAL INTENSIVE (CI) CITY OF SARASOTA ZONING OF THE FOLLOWING DESCRIBED REAL PROPERTY: A PARCEL OF LAND LYING ON THE NORTHEAST CORNER OF BEE RIDGE ROAD AND U.S. HIGHWAY 41; SAID PARCEL IS KNOWN AS THE BOSTON MARKET WITH A STREET ADDRESS OF 3875 SOUTH TAMIAMI TRAIL; GRANTING FINAL SITE AND DEVELOPMENT PLAN APPROVAL FOR APPLICATION 96-PSD-B; ETC. (TITLE ONLY) (PETITION NOS. 96-CO-02 & 96-PSD-B, R &A FOOD SERVICES, INC., C/O ANNIS, MITCHELL, COCKEY, EDWARDS AND ROEHN, P.A.) PASSED ON FIRST READING (AGENDA ITEM IV-1) #2 (0000) through (0100) Jane Robinson, Director of Planning and Development, came before the Commission, displayed a zoning map on the overhead projector, and stated that proposed Ordinance No. 96-3920 conditionally rezones the property lying on the northeast corner of Bee Ridge Road and South Tamiami Trail from the Sarasota County Commercial Intensive (CI) zone district to the City of Sarasota Commercial Intensive (CI) zone district; that Preliminary Site and Development Plan 96-PSD-B has been filed in conjunction with the conditional rezoning; that the property was annexed into the City on November 15, 1993; that the Planning Board/Local Planning Agency (PBLP) at its meeting of January 3, 1996, found proposed Petition No. 96-CO-02 and Preliminary Site and Development Plan 96-PSD-B consistent with the Sarasota City Plan and Tree Protection Ordinance and recommended approval to the Commission. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3920 on first reading. Mayor Merrill opened the public hearing. There was no one signed up to speak and Mayor Merrill closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3920 by title only. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to pass proposed Ordinance No. 96-3920. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 11. PUBLIC HEARING RE: NONCONFORMING USE IN RESIDENTIAL ZONE DISTRICT, 2939 NORTH OSPREY AVENUE (JONES FUNERAL HOME) AMORTIZATION SCHEDULE TO BE ENFORCED (AGENDA ITEM IV-2) #2 (0101) through (0691) Michael Taylor, Deputy Director of Planning and Development, came before the Commission, displayed Zoning Map Area 15 on the overhead projector, and stated that on October 30, 1995, the City Commission voted to postpone a motion to exempt 2939 North Osprey Avenue from the amortization schedule until the District 1 Commissioner was in attendance and input from the property owner was obtained; that Staff found that the use of the property as a funeral home and commercial parking lot is inconsistent with the residential zoning and uses in the surrounding area and recommends enforcing the amortization schedule; that the Planning Board/Local Planning Agency (PBLP) recommended exempting the property from the amortization schedule at the existing intensity of use. Mayor Merrill opened the public hearing. The following people came before the Commission: Carlos Jones, 2939 North Osprey Avenue, stated that he intends to relocate the funeral home to a parcel purchased on Dr. Martin Luther King, Jr., (MLK) Way, which is partially zoned Residential, Multiple-Family (RMF-2) and partially zoned Commercial Neighborhood (CN); ; that the intent was to place the funeral home structure on the portion of the parcel zoned CN and to provide parking on the portion of the parcel zoned RMF-2; that a special exception for off-street parking on the parcel zoned RMF-2 was granted in 1988; however, the CN zone district does not permit funeral homes; that the PBLP recommended eligible sites along Dr. MLK, Jr., Way be rezoned from CN to Commercial Business Newtown (CBN); that hopefully, the process associated with rezoning the property will proceed in an expeditious manner. Commissioner Pillot stated that assuming the necessary zoning can be obtained to construct a funeral home on the property purchased on Dr. MLK, Jr., Way, amortizing the property at 2939 North Osprey Avenue will have no negative affect on Mr. Jones' business. Mr. Jones stated that is correct; that the property at 2939 North Osprey Avenue is too small; that remodeling is not an option as the structure is considered a nonconforming use. Commissioner Pillot asked for the process required to obtain adequate zoning which would permit Mr. Jones to relocate as planned? City Manager Sollenberger stated that the process requires revising the CBN zone district, holding two sets of public hearings, and, if Commission approval is obtained, offering application of the district to eligible properties as an overlay zoning. Mr. Taylor stated that approximately six months will be required to change the zone district and rezone Mr. Jones' property on Dr. MLK, Book 39 Page 12922 03/18/96 6:00 P.M. Book 39 Page 12923 03/18/96 6:00 P.M. Jr., Wayi that neighborhood workshops and public hearings before the PBLP will be held; that two public hearings before the City Commission are required to revise the existing CBN zone district; that another two public hearings will be required to rezone Mr. Jones' parcel on Dr. MLK, Jr., Way to the CBN zone district; that addressing the revisions to CBN zone district and the rezoning concurrently would expedite the process, but may not be possible. Mayor Merrill stated that the amortization schedule permits the operation of the Jones Funeral Home at 2939 North Osprey Avenue until 1999. Commissioner Pillot asked for the likelihood of Mr. Jones' being able to obtain the necessary zoning to relocate the funeral home to the parcel purchased on Dr. MLK, Jr., Way? Mr. Taylor stated that the Commission makes the final decisions; however, Staff does not foresee a problem. Commissioner Patterson asked for the hours of operation during which services are provided at a funeral home? Mr. Jones stated that services are provided on a 24-hour basis; that viewings are scheduled at various times; that bodies are accepted at all hours; that a restriction on hours of operation would hamper his business. Vice Mayor Cardamone asked for the specific location of the property on which Mr. Jones intends to relocate the funeral home. Mr. Jones stated that the property purchased is located on the northwest corner of Central Avenue and Dr. MLK, Jr., Way. Commissioner Pillot asked if Mr. Jones' plans to relocate the funeral home were known when the PBLP recommendation was determined? Mr. Taylor stated no. Commissioner Patterson asked if she is correct in assuming that Mr. Jones' does not intend to continue operating the funeral home at 2939 North Osprey Avenue under any circumstances? Mr. Jones stated that is correct; that the existing structure at 2939 North Osprey Avenue is not large enough to handle the volume of business currently being conducted by Jones Funeral Home; that the property owned at 3019 North Osprey Avenue will not be retained either. Ezra C. Pearcy, 2942 North Osprey Avenue, stated that his residence is directly across the street from Jones Funeral Home and the parking lot and grocery store at 3019 North Osprey Avenue; and asked for Mr. Jones' and the City's intentions regarding the properties at 2939 and 3019 North Osprey Avenue. Mr. Taylor stated that the current zoning of the Joneses' properties is Residential, Single Family (RSF-4), which requires 50-foot lot widths; that property at 2939 North Osprey Avenue is 100 feet in length by 200 feet in width; that the existing structure is located on two lots; that the parking lot adjacent to the north of the funeral home could accommodate two, single-family homes; that the Commission's voting previously to enforce the amortization schedule for the property at 3019 North Osprey Avenue requires the existing structure be converted to a single-family home in 1999. Mayor Merrill stated that the provisions of the Zoning Code for uses permitted under the RSF-4 zone district would also apply. Mr. Taylor stated that is correct; that uses other than residential, i.e., a church or a day care facility, are permitted in the RSF-4 zone district by special exception. Commissioner Dupree stated that Mr. Pearcy, who has been subject to drug dealings and other undesired behaviors occurring at 3019 North Osprey Avenue, is concerned with being subject to similar frustrations after the use of the property is changed. Commissioner Patterson asked for Mr. Jones' intentions regarding his properties on North Osprey Avenue. Mr. Jones stated that the grocery store at 3019 North Osprey Avenue has been Closed for three months; that the property was registered under the Department of Public Safety's trespassing program two months ago; however, people continue to congregate on the property. There was no one else signed up to speak and Mayor Merrill closed the public hearing. Commissioner Patterson stated that the following motion was postponed from the special meeting of October 30, 1995: On motion of Commissioner Pillot and second of Vice Mayor Cardamone, it was moved to exempt 2939 North Osprey Avenue from the amortization schedule. Mayor Merrill called for the vote on the motion to exempt 2939 North Osprey Avenue from the amortization schedule. Motion failed: (5 to 0): Dupree, no; Cardamone, no; Patterson, no; Pillot, no; Merrill, no. Book 39 Page 12924 03/18/96 6:00 P.M. Book 39 Page 12925 03/18/96 6:00 P.M. 12. PUBLIC HEARING RE: NONCONFORMING USE IN RESIDENTIAL ZONE DISTRICT, 2440 SOUTH OSPREY AVENUE (KOLAR AUTO HAUS) - AMORTIZATION SCHEDULED TO BE ENFORCED (AGENDA ITEM IV-3) #2 (0711) through #3 (2725) Michael Taylor, Deputy Director of Planning and Development, came before the Commission and stated that on October 30, 1995, the City Commission voted to enforce the amortization schedule for 2440 South Osprey Avenue although the Planning Board/Local Planning Agency had not made a recommendation; that on November 6, 1995, the Commission rescinded the vote to enforce amortization with the intent of returning the issue to the PBLP for a recommendation prior to proceeding further with an action; that on November 8, 1995, the PBLP recommended allowing the continuation of the nonconforming service station by attaching 20 conditions proffered by the petitioner for improvements and exempting the site from the amortization schedule; that other nonconforming; uses have not been afforded an opportunity to mitigate concerns raised; therefore, if the Commission determines the amortization schedule should not be enforced for the use at 2440 South Osprey Avenue, the Administration is recommending the special exception process for historic designation be followed, which is the approach previously approved by the Commission for the nonconforming architectural office located at 1509 South Orange Avenue. Commissioner Pillot referred to the following Administration's recommendation reflected on the Agenda Request sheet: Alternative A Enforce the amortization schedule for the nonconforming service station use at 2440 South Osprey Avenue. Alternative B Encourage the property owner to apply for historic designation of the site and a special exception for a compatible use in the existing structure. Commissioner Pillot stated that only two choices have been reflected; that the Commission has the third choice of exempting 2440 South Osprey Avenue from the amortization schedule. Mr. Taylor stated that is correct. City Manager Sollenberger stated that the Administration recommends enforcing the amortization schedule; that Staff found the commercial use of the property inconsistent with the residential zoning and use of the area; that although the PBLP has recommended exempting the property from the amortization schedule by attaching 20 conditions, 5 or 6 of those conditions relate to the conduct of the business; that substantial administrative oversight and excessive Staff time would be required to monitor for proper and consistent enforcement of such conditions in the long term; that alternatively, the Administration is recommending the property owner be encouraged to pursue the process for historic designation to permit an office use if the Commission decides to exempt the property from the amortization schedule. Vice Mayor Cardamone stated that the Administration would not recommend the use continue as an auto repair facility if historic designation is pursued? City Manager Sollenberger stated that is correct. Mayor Merrill opened the public hearing. Bruce Franklin, ADP Associates, Inc., Michael Furen, Attorney, and Igor Kolar, property owner and proprietor of Autohaus Kolar, 2440 South Osprey Avenue (34239). Mr. Franklin stated that the structure at 2440 South Osprey Avenue has been in existence for 72 years and is the longest, continuing auto repair service station in Sarasota County. Mr. Franklin referred to display boards of fire insurance rate maps from 1929 and 1954 which reflected the former Mcclellan Parkway plat and the service station; and stated that the service station was built in 1924 eight years after the Mcclellan Parkway subdivision was platted; that the 1929 map reflects the development of only a few homes; that the 1954 map reflects a built-out subdivision; that the neighborhood developed around the service station use. Mr. Franklin continued that approximately eight years ago, a leakage problem was identified with the gasoline tanks; that removal of the gasoline service pumps significantly reduced the activity on the site; that under the current use, the average trip generation to and from the site is 14 vehicles per day; that the average, daily trip generation for a single-family, home, based on the Institute of Engineers (ITE) trip rate factor, is 10 vehicles. Mr. Franklin further stated that for over two years, he has been representing Mr. Kolar regarding the amortization issue; that input and advise received from various people and neighborhood representatives resulted in a list of conditions being proffered to the PBLP in an effort to achieve a positive outcome for both Mr. Kolar and the neighborhood in terms of cleaning up the site and making the use more compatible with the neighborhood; that the objective has been to maintain the use of the property by voluntarily offering conditions to address legitimate concerns expressed by the neighborhood; that Staff has recommended enforcing Book 39 Page 12926 03/18/96 6:00 P.M. Book 39 Page 12927 03/18/96 6:00 P.M. the amortization schedule on this property as was recommended for all 30 nonconforming uses. Mr. Franklin cited the following from a draft Staff report: If allowed to continue in business, the owner has proposed to make numerous improvements to the appearance. The present use of the property appears to be incongruous with the residential area but does not seem to have a detrimental effect on the neighborhood. Mr. Franklin referred to two conceptual site plans reflecting the effects of the conditions proffered by Mr. Kolar. Attorney Furen stated that continuation of a historic use is being requested; that Mr. Kolar is prepared to have legal counsel work with the City Attorney's office in developing a perpetual covenant and restriction incorporating: 1) the 20 conditions proffered, with enforcement powers favorable to the City, and 2) the property owner perpetually agreeing to buy out all successors in interest to those conditions, including an award of attorney's fees to the City in the event of enforcement problems; that pursuant to applicable ordinances and resolutions, the PBLP was charged with determining whether the nonconforming use presently has a detrimental or negative impact upon the surrounding residential neighborhood; that testimony from residents in the neighborhood should lead the Commission to conclude that Autohaus Kolar does not have a detrimental effect or negative impact upon the neighborhood. Attorney Furen referred to and submitted for the record a Restricted Appraisal Report prepared by Roger Hettema, MAI, SRA, State-certified General Appraiser and president of Gulf Appraisers- Consultants, Inc., which concluded there is no discernable effect on values offered by either the existence of the subject property or market trends. Attorney Furen stated that limitations in the Zoning Code pertaining to nonconforming uses has impeded Mr. Kolar's ability to make improvements to the property; that the Commission is urged to favorably consider working together with the property owner to develop a conclusion which is satisfactory to the Commission for the use at 2440 South Osprey Avenue to be allowed to continue. Attorney Furen requested that tonight's Commission meeting be added to the documents made part of the record. Attorney Furen submitted for the record a document entitled Non- conforming Uses in Residential Zones, which reflected City Commission action as of November 6, 1995; and requested that his remaining 30 seconds be utilized by Mr. Franklin for summary and conclusion. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to suspend the rules to permit Mr. Franklin to 30 seconds to summarize the presentation. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mr. Franklin stated that neighborhoods should be diverse and sustainable; that arguments have been made that Autohaus Kolar is incongruous to the neighborhood; that similar arguments could be made regarding the McClellan Park School; that incongruous properties properly controlled are not inconsistent or incompatible with neighborhoods; that Osprey Avenue exhibits neo-traditional town planning, which incorporates mixed uses to reduce the length and number of vehicle trips required from residential neighborhoods; that properties in the surrounding neighborhoods were not purchased under the assumption that the service station would cease to exist. Commissioner Pillot stated that one of numerous letters received indicates the operation of Autohaus Kolar began in 1989, and the current owner purchased the property in 1994; and asked if those statements are correct. Mr. Kolar stated yes. City Manager Sollenberger stated that the Administration did not recommend that the amortization schedule be enforced on all the nonconforming uses. Mr. Franklin apologized for making an inaccurate statement; and stated that the information was obtained earlier in the meeting from a Staff member. Commissioner Patterson stated that the 20 conditions appear difficult to enforce; and asked Mr. Franklin for comment. Mr. Franklin referred to the previously referenced conceptual site plans; and stated that a schedule for completion will be established for conditions #1 through #11, which are construction related; that a memorandum from Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, indicates enforcement difficulties will be experienced with conditions #12, #13, #14, and #18, which refer to the number of automobiles on the property, the operating hours, automobiles being tested on Mcclellan Parkway, and the number of employees; that those conditions could be removed as the size of the property is self-limiting; that condition #20 restricts the number of vehicle lifts to three, which also would limit the number of employees working on site; that Mr. Kolar has agreed to complete the improvements within five years; that Mr. Kolar is also agreeable to completing the improvements by 1999. Book 39 Page 12928 03/18/96 6:00 P.M. Book 39 Page 12929 03/18/96 6:00 P.M. Commissioner Pillot asked if Mr. Franklin's services were retained prior to Mr. Kolar's purchasing the property at 2440 South Osprey Avenue? Mr. Franklin stated yes; that Mr. Kolar was leasing the property and was aware of the nonconforming status when he was retained. Commissioner Pillot asked if Mr. Kolar purchased the property with the knowledge that the nonconforming use of the property would expire in 1999? Mr. Franklin stated that the property was acquired prior to the Commission's making a decision to extend the amortization schedule to 1999, but Mr. Kolar was aware of the potential that the nonconforming status of the property could expire. Attorney Furen stated that the issue being debated is whether or not under the standard set forth by the City for amortizing nonconforming uses, the property at 2440 South Osprey Avenue has a detrimental, adverse effect on the neighborhood; that a detrimental, adverse effect on the neighborhood does not exist and will not be demonstrated if the Commission eliminates emotional concerns and deliberates only on facts presented. Mayor Merrill stated that Mr. Franklin is well-respected in the community for his planning ability and knowledge; that an auto repair shop in an upscale neighborhood has been historically considered as noncompatible with residential uses; that Mr. Franklin's supporting continuation of the Autohaus Kolar at its present location is surprising. Mr. Franklin stated that the proffers include architecturally altering the structure to provide a residential appearance, restricting the existing intensity of the use, and limiting the building area to prevent expansion; that the homes in the area are valued at $250,000 and $500,000; that the use obviously has not been an impediment to property owners investing or remodeling homes in the neighborhood. Mayor Merrill asked if people purchased homes in the area knowing the use would be phased out? Mr. Franklin stated that a few people may have purchased homes with an expectation that the use would be phased out; however, that the same condition was placed on 11 other properties which the City decided to exempt from the amortization schedule. Mayor Merrill stated that Mr. Hettema concluded that Autohaus Kolar has no discernable" adverse or negative effect on market values of surrounding homes; and asked the intent of the term "discernable." Attorney Furen stated that Mr. Hettama's report indicates property values in the surrounding vicinity, including a property directly across the street and an another property directly to the north, have increased despite the existence of the Autohaus Kolar facility. Mayor Merrill asked if the location of the Autohaus Kolar facility has no negative impact on the adjacent properties. Mr. Franklin stated that with the conditions proposed, the Autohaus Kolar facility has no negative impact on the adjacent properties. Attorney Furen stated that the historic use of the property has been referred to as a fuel depot and repair shop; that the historic aspect of a repair shop is present at the existing facility. Commissioner Pillot cited condition #12 as follows: No more than 16 automobiles may be parked in the rear service yard. No more than 5 cars may be offered for resale at any one time and no "for sale" signs are permitted. Commissioner Pillot stated that 16 automobiles seems excessive. Mr. Franklin stated that 16 is the number of automobiles which can physically be parked on site; that 10 or 12 would be a more reasonable number of automobiles expected to be parked on the site. Vice Mayor Cardamone stated that a license is required to sell automobiles in the City of Sarasota; and asked if Mr. Kolar has a license as an automobile dealer? Mr. Franklin stated no; that Mr. Kolar has ceased the sale of automobiles on his property; that the condition was included to address a concern raised with the property being sold and becoming a used sales lot. Commissioner Pillot cited the following conditions: #17 No expansion of the building shall be permitted. #20 There may be no more than 3 vehicle lifts on the site. Commissioner Pillot asked for the number of vehicle lifts currently located on the property. Mr. Franklin stated that one hydraulic lift is located inside the building; that two lifts are located outside; that condition #17 refers to expansion of the enclosed building area; that condition #10 proposes extending a new metal roof over the two existing Book 39 Page 12930 03/18/96 6:00 P.M. Book 39 Page 12931 03/18/96 6:00 P.M. exterior lifts and work area to obstruct visibility from the street or any adjacent property. Commissioner Pillot cited condition #19 as follows: All improvements to the property required shall be completed within 5 years from the effective date of the ordinance. Commissioner Pillot stated that the property owner is agreeable to striking 5 years and including the date in 1999 the amortization schedule expires; and asked if the Commission determines the use should be continued, would the property owner be agreeable to including benchmarks for completion of certain conditions prior to 1999 and including an additional condition providing for sanctions by the City if after 1999 the property is not maintained to set standards established? Mr. Franklin stated yes; that recommending the property proceed through the special exception and historic designation processes would provide for covenants and restrictions being recorded with the deed of the property and address concerns raised regarding future sale of the property. Mayor Merrill stated that Mr. Hettama concluded no discernable reduction in value of surrounding properties could be found; that Mr. Franklin has stated with the improvements proposed, the property will not affect surrounding property values; and asked if the Autohaus Kolar facility as it currently exists negatively impacts surrounding property values? Mr. Franklin stated no. Commissioner Patterson stated that the field of properties appraised appear to be restricted to the approximate area of the Autohaus Kolar facility; and asked if an analysis on the percent of appreciation over the years or comparable prices for properties with varying amenities located substantially removed from the Autohaus Kolar facility was performed? Attorney Furen stated that the analysis was based on 30 sales in the area; that 11 sales were in the immediate area surrounding the subject property. Commissioner Patterson stated that the report does not indicate an effort to track amenities of properties versus the prices; that property sales and sales prices can be selected to support a particular view. Attorney Furen stated that the properties are a random sampling; that the analysis included one property seven lots to the west of the facility for which a slight 7.3% decrease in property value is reflected; that the decrease is attributed to the physical condition of the property at the time of resale and not to the existence of the Autohaus Kolar facility; that Mr. Hettama examined sufficient properties to provide the comfort level necessary for a professional MAI to render a limited use report. Vice Mayor Cardamone stated that the property on the adjacent lot to the north indicates a purchase price of $29,333 in 1990 and a resale price of $76,000 in 1994; that substantial improvements, i.e., the addition of a room and a swimming pool, could have attributed to the increase in value; that the analysis is difficult to evaluate without amenities included; however, the property values in the neighborhood appear to have increased in spite of what she considers a deterrent located in the area. Vice Mayor Cardamone continued that Mr. Franklin stated no one purchased property in the adjacent neighborhood with the expectation the nonconforming use would be amortized; that as a resident in the City in 1974 when the list of properties to be amortized in 1994 was published, she and her neighbors expected the use at 2440 South Osprey Avenue would automatically expire; that the Commission subsequently extended the amortization schedule by five years to 1999. Attorney Furen stated that substantial improvements to properties in the immediate vicinity of Autohaus Kolar supports the property owner's position that the use does not have a detrimental effect on the surrounding properties. Vice Mayor Cardamone stated that the improvements could have been made with the expectation that the nonconforming uses would expire in 1994. Mr. Kolar stated that a service station was built in 1924 to serve a purpose in the community; that the use should not be eliminated; that Autohaus Kolar continues to serve the neighborhood; that complaints from the neighborhood have never been received by him directly; that his intent is to make the property something of which the City and the neighborhood can be proud; that the improvements have been made to the property to the extent possible under its nonconforming status; that the property is not large enough to expand and service additional models and makes of vehicles although requests have been made for that service by the neighborhood; that Autohaus Kolar is a small auto repair shop attempting to compete with big business and survive; that he is a small businessman attempting to make an honest living; that the facility is not large enough to employ more than two mechanics; that at least 10 employees could be employed if the building was converted to an office use; that the traffic generated by the existing facility is lower than that which would be generated by other uses. Book 39 Page 12932 03/18/96 6:00 P.M. * 6biAwAN Book 39 Page 12933 03/18/96 6:00 P.M. Commissioner Pillot asked for the areas of the City from which Mr. Kolar's customer base is derived. Mr. Kolar stated that Autohaus Kolar has many customers from Harbor Acres, between Osprey Avenue and U.S. 41., and to the south; that service is provided to few customers east of U.S. 41. The Commission recessed at 8:20 p.m. and reconvened at 8;27 p.m. Carolyn Kozlowski, 2318 McClellan Parkway (34239), was no longer available to speak. Laura Kresge, 2421 McClellan Parkway (34239), stated that she has resided for three months at the property adjacent to Autohaus Kolar, which has been owned by her family for 40 years; that the property at 2440 South Osprey Avenue was formerly a Standard Oil Service Station, which pumped gasoline and performed small repairs on one hydraulic lift; that the existing facility performs major automotive repairs on two additional hydraulic lifts installed in the rear of the property and sells and stores numerous vehicles on site; that an auto repair shop in a residential area is not environmentally safe; that gasoline fumes were recently smelled as she raked her yard; that a six-foot fence has been installed; however, the services performed at Autohaus Kolar are visible from the bedroom and front and back yards of her property; that the Commission is requested to enforce the amortization schedule; that open green space on the property would be an asset to the neighborhood. Jane Sanders, 1500 Cunliff Lane (34239), stated that Cunliff Lane is the third street creating the fork at Mcclellan Parkway and Osprey Avenue; that she was not available to speak at the previous public hearing on this issue; that the activities at 2440 South Osprey Avenue and the progression in the neighborhood have been viewed daily for 25 years; that the existing use of the property is appropriate; that neighborhoods should be diversified; that the existing use has not had a detrimental affect on property values. Ms. Sanders continued that an overwhelming response to retain the structure and use at 2440 South Osprey Avenue was received as signatures to a petition were collected; that 60 signatures were collected in one day, 13 of which were from residents within McClellan Park and 8 of which were from residents with a direct view of the existing structure. Ms. Sanders submitted a petition for the record which read as follows: My signature on this petition demands a rescission of the City Commissioners' recent vote against allowing this structure to remain as a neighborhood landmark. I further submit that I am in favor of allowing Autohaus Kolar to remain in operation at is current location. Ms. Sanders further stated that a majority of the surrounding neighborhoods do not support changing the use of the subject property; that enforcing the amortization schedule would create separate concerns, e.g., how and by whom the property would be maintained in the interim, if and for what use the property would be sold, and how a park would be policed if the property is converted to open green space; that a change is not necessary and is not supported by the majority of people who have a direct view of the subject property. Ian Naismith, 1703 Hyde Park Street (34239), stated that he has resided in the neighborhood for three years; that the diversity of the area is what makes the neighborhood upscale and is what encouraged him to purchase a 2 bedroom, 1 bath (2/1) home for the same price as a 3/2 or 4/2 home could have been purchased elsewhere; that property values are not an issue; that a silent recruiting effort has been pursued by people in an attack against Igor Kolar, the person; that Mr. Kolar has an honorable work ethic and speaks in a direct manner; that many untrue statements were made as neighborhood representatives attempted to recruit support against the use at 2440 South Osprey Avenue. Mr. Naismith continued that the main concern voiced by people in opposition to the use continuing has been aesthetics; that aesthetics are subjective; that changes to the structure should not be made to satisfy one group's judgement of beauty. Jan Bollard, 1773 Cunliff Lane (34239), was no longer available to speak. Randy Topjun, 2250 Okobee Drive (34239), stated that he has resided in McClellan Park for over 21 years; that his children grew up safely in the neighborhood; that the subject property, with some conditions applied, is a tremendous asset to the neighborhood; that having service amenities, i.e., an auto repair shop and a grocery store, within walking distance makes his residence more valuable and his life pleasant; that the gasoline fumes referenced by Ms. Kresge could have come from the vehicles creating traffic on Osprey Avenue, as occurs on the majority of roadways throughout Sarasota; that traffic will increase further if small service facilities are not permitted within neighborhoods. Mr. Topjun stated that an office use would not be compatible with the neighborhood because of the traffic implications; that the traffic is the problem, not the auto repair shop. MarionAlmy, 2100 Mcclellan Parkway (34239), stated that mixed uses in residential areas are valuable and are being pursued in other Book 39 Page 12934 03/18/96 6:00 P.M. Book 39 Page 12935 03/18/96 6:00 P.M. areas of the City; that the mixed uses in the Osprey Avenue area have worked for the past 70 years; that the City should not attempt to change something that is working; that the viability of the McClellan Park neighborhood is not negatively affected by the existence of the auto repair shop/service station. Thomas Dickinson, 2229 McClellan Parkway (34239), distributed to the Commissioners individual packets consisting of a brochure about McClellan Park and a prepared speech. Mr. Dickinson cited the following from various Planning Literature: Strong urban residential neighborhoods are essential for a cohesive community. If our neighborhoods die, our cities will die. A document cause of neighborhood decline is structural modification to facilitate use in violation of zoning. Planning is striving today for what is desired tomorrow. The people residing in the neighborhood must be deeply involved. They live in it. They use it. Theirs is an inalienable right to a strong voice in its management and its future. Mr. Dickinson quoted the following from a letter dated September 4, 1974 to the neighborhood association from Floyd Ziegler, the original owner of the property at 2440 South Osprey Avenue: . my property has been and now is under lease to Standard Oil I bought this property over 35 years ago and it has been leased to them ever since. The place was built in 1924 you folks have much to do before you will need this property my feeling as of right now is that when you are to the point of actually putting your project in full effect, I would be agreeable to seeking a cancellation of Standard's lease and selling the property to you at a fair and reasonable price. Mr. Dickinson stated that due to Mr. Ziegler's age and circumstances at the time, the planned arrangements could never be accomplished. Mr. Dickinson continued that he has resided in Mcclellan Park since 1954; that the neighborhood association has long been of the opinion that the amenities of the residential area would be better served if the property at 2440 South Osprey Avenue was deeded to a public use as either a small pocket park or as growth needs of the City may dictate a police substation to enhance area security; that an ongoing commercial venture is not in the neighborhood's best interests; that the City Commission has submitted several dates (1974, 1994, and 1999) at which time the subject property was to rezone from its nonconforming use to its original zoning; that past covenants to the people of Sarasota should be honored. Paul Guillaume, 2401 McClellan Parkway (34239), stated that he resides at the property next to Ms. Kresge; that the gasoline fumes referenced by Ms. Kresge could have come from gasoline used in his driveway after a recent repair project on his daughter's vehicle was performed; that auto repair shops primarily use solvents not gasoline as a cleaning agent; that neighborhood concerns regarding fuel and oil containment and electrical wiring have been expressed; that the subject property will have to meet construction guidelines and existing City and Environmental Protection Agency (EPA) Codes if permitted to continue as conditioned; that providing Mr. Kolar an opportunity to renovate the property as a historical landmark with restrictions attached is preferred to having the amortization schedule enforced and being forced to deal with an unknown use or continued deterioration of the existing building until 1999 or until the property is sold. Mr. Guillaume stated that a petition with approximately 30 signatures of residents who support the continuation of the use at 2440 South Osprey Avenue has been collected in addition to the 60 signatures previously submitted by Ms. Sanders. John Halliwell, 2105 Mietaw Drive (34239), stated that detrimental affects on property values are not of great concern; that property values have increased despite the existence of the auto repair shop; that his greatest concern is with the safety of children walking on the sidewalk past the subject property to access Southside Elementary School; that vehicles exit Autohaus Kolar onto Osprey Avenue over the sidewalk creating a hazard to the children; that the covenant of faith made by present and past City Commissions with citizens and the neighborhood association to amortize the noncontorming use at 2440 South Osprey Avenue should come to fruition; that City Staff has indicated the conditions proffered by Mr. Kolar would be difficult to enforce. Mr. Halliwell continued that trust is another issue of concern; that two hydraulic lifts were added and the intensity of the nonconforming use expanded since the Autohaus Kolar facility has been in operation on the site; that similar expansions could happen in the future if the property is exempted from the amortization schedule; that limiting the number of lifts on site will not limit the number of vehicles which can be serviced; that vehicles can be serviced without being placed on a lift; that vehicles were sold on the property although a proper license was not obtained; that utilizing the subject property as passive green space, a police substation, or a residence would best serve the people of the City and the neighborhood. Book 39 Page 12936 03/18/96 6:00 P.M. SakSARAHAA6: Book 39 Page 12937 03/18/96 6:00 P.M. Mr. Halliwell further stated that a petition with approximately 50 signatures from residents in the McClellan Park neighborhood will be presented by a subsequent speaker. Paul Moran, 2110 Mietaw Drive (34239), stated that he supports enforcing the amortization schedule for the nonconforming use at 2440 South Osprey Avenue. Chuck Robertson, 2115 Mietaw Drive (32439), stated that he is the president of the McClellan Park Neighborhood Association (MPNA) ; and distributed copies of and cited the following from a letter dated April 2, 1991, to the Historical Resource Board from Theodore Sperling, former City Commissioner and Planning Board member, expressing opposition to the use at 2440 South Osprey Avenue: I leave it to your board's conscience and good judgement as to whether you believe your mission of historical preservation is well served by being used to obtain a de facto commercial usage for a plain brick building with no historical significance or linkage to the history of the city; no special architectural features; and one which can continue to be a constant nuisance to the immediate neighborhood and an affront to the concept of proper and reasonable zoning. Mr. Robertson stated that a letter from the Coalition of City Neighborhood Associations which expressed opposition to exempting the property at 2440 South Osprey Avenue from the amortization schedule was forwarded to the Commission. Mr. Robertson continued that in 1988 or 1989 Mr. Kolar attended a meeting of the MPNA and indicated that the location of Autohaus Kolar at 2440 South Osprey Avenue was on a temporary basis since a larger facility would be constructed on property owned on Clark Road after a moratorium expired. Mr. Robertson distributed and referred to a license tag inquiry forwarded to the Sarasota County Tax Collector regarding an automobile dealer's tag; and stated that the tag is registered to Autohaus Kolar at the 2440 South Osprey Avenue address. Vice Mayor Cardamone asked for the response received by Barbara Ford-Coates' office regarding the tag. Mr. Robertson stated that the dealer's tag was issued by the State of Florida without an inquiry being made as to the zoning on the property. Linda Holland, 617 Gillespie Avenue (34236), Chairman, Coalition of City Neighborhood Associations (CCNA), stated that the position of the CCNA is as follows: The CCNA discussed the issue of Autohaus Kolar and approved by a majority vote a motion made to support the McClellan Park Neighborhood Association in its position to continue the amortization schedule for the use at the subject property to expire in 1999. John Holt, 1715 South Oval Drive (34239), stated that the City Commission promised the nonconforming use at 2440 South Osprey Avenue would cease in 1999; that his property was purchased with the expectation the existing use on the subject property would be phased out; that all the children in McClellan Park, including his two children, ages 6 and 9 years old, pass Autohaus Kolar on their way to Southside Elementary School. Mr. Holt referred to a photograph showing a vehicle obstructing the path of the sidewalk; and stated that the children are often forced to deviate from the sidewalk onto a street with a high volume of traffic to pass the subject propertyi that customer parking is not provided on site; therefore, supply trucks and potential customers inquiring about service park along or across the sidewalk; that this creates a hazard for school-aged children. Mr. Holt stated that the Commission was expected to honor its promise to the neighborhood association and the citizens of Sarasota; that Mr. Kolar purchased the subject property with knowledge of the amortization schedule; that the lowest appraisal values in Mcclellan Park are on properties closest to Autohaus Kolar. Samuel Shackow, 2355 McClellan Parkway (34239), presented the petition referenced by Mr. Halliwell which read as follows: The undersigned are opposed to any expansion of the existing business or property of Autohaus Kolar, Inc., at 2440 Osprey Avenue. Some of the owners' plans for expansion presented to the City Planning Board may include hours of operation 8 a.m. to 8 p.m., sale of used vehicles, as well as many other areaso Mr. Shackow stated that enforcing the amortization schedule is favored; that the subject property was purchased with full knowledge of the amortization date; that the subject property has been referenced as one of the oldest, continuously operating auto service stations in the City. Mr. Shackow stated that the Zoning Code defines an auto service station as an establishment dispensing motor vehicle fuels and oil at retail where grease, batteries, tires, and accessories may be supplied and dispensed at retail; that services which may be rendered are specified; that in accordance with the Zoning Code service stations are gas stations; that minor repairs are ancillary Book 39 Page 12938 03/18/96 6:00 P.M. Book 39 Page 12939 03/18/96 6:00 P.M. services; that the Zoning Code specifies that a service station is not a repair garage, a body shop, or truck stop. Mr. Shackow continued that the nonconforming use provision states the purpose of the nonconforming status is to allow uses to remain for a period of time without encouragement by the City for survival; that nonconforming uses are not permitted to expand or intensify; that vehicle sales, vehicle storage, and other activities occurring at 2440 South Osprey Avenue are not included in the City's definition of an auto service station, the use of the property for which the nonconforming use status was granted, and should not have been or continue to be permitted. Harold Hall, 1794 Cunliff Lane (34239), stated that he has resided across the street from 2440 South Osprey Avenue for the past 33 years; that the use on the site has never been bothersome to him; that exempting the property from the amortization schedule is supported. Colin Kearns, 1854 Hibiscus Street (34239), stated that his property was purchased in June 1995; that the presence of Morton's Market and Autohaus Kolar attracted him to the area and provide convenience; that Autohaus Kolar is an asset to the neighborhood; that exempting the property from the amortization schedule is supported. Sydney Schaupp, 1755 Cunliff Lane (34239), stated that she has resided four houses away from the Autohaus Kolar for 10 years; that the business is an asset to the neighborhood; that exempting the property from the amortization schedule is supported. John Brown, 7706 Wesmoreland Drive (34239), stated that he no longer resides in the neighborhood, but owns property and has operated a business in the neighborhood for the past 15 years; that Mr. Kolar is a fair and honest businessman; that the building at 2440 South Osprey Avenue is an historic asset to the surrounding neighborhoods and the community; that exempting the property from the amortization schedule is supported. Carolyn Light DuQuesnay, 2611 South Osprey Avenue (34239), stated that she resides approximately four houses from Autohaus Kolar; that Autohaus Kolar is viewed as she exists her driveway and mows her grass; that the existing use is not opposed; that middle-class working people gain little support from the City of Sarasota; that the potential phasing-out of the use at 2440 South Osprey Avenue was not known when her property was purchased in 1970; that many of Sarasota's historical structures have been lost; that Autohaus Kolar is not an eyesore; that a crossing guard is on duty to assist children attempting to access Southside Elementary School; that the traffic in the area is congested; that a park would be more hazardous for children; that exempting the property from the amortization schedule is supported. Martha-Ann Roebuck, 2141 McClellan Parkway (34239), presented a letter of opposition signed by David and June Cussen, residents of McClellan Park who were unable to attend the meeting; and stated that she agrees with statements made by Mr. Shackow and Mr. Holt; that enforcing the amortization schedule for the property at 2440 South Osprey Avenue is supported, as previously promised by the Commission. Mary Kumpe, 1564 Bay Point Drive (34236), representing the Bay Point Park Association (BPPA), stated that the members of the BPPA were aware of and trusted the Commission to enforce the amortization schedule on nonconforming uses; that people are losing confidence in government; that land uses decisions are to be judged based on facts, not pretty pictures and personalities; that a determination was made by the community over 20 years ago that the use at 2440 South Osprey Avenue was not an appropriate land use in a residential neighborhood; that the BPPA voted unanimously to request the Commission to enforce the amortization schedule on the subject property. There was no one else signed up to speak and Mayor Merrill closed the public hearing. City Manager Sollenberger stated that the Administration recommends enforcing the amortization schedule for the use at 2440 South Osprey Avenue. City Attorney Taylor submitted a list of documents to be made part of the record; and stated that Attorney Furen has viewed the document on behalf of his client; that the minutes of tonight's meeting will be included as part of the record. City Attorney Taylor stated that the Commission is acting in a legislative capacityi that Staff and the PBLP were directed to evaluate the nature and extent if any of the effect of the nonconforming use on any surrounding residentially zoned properties; that the reflecting findings on the record would be appropriate if the Commission decides to deviate from the PBLP recommendation to exempt the property from the amortization schedule with conditions attached. Vice Mayor Cardamone cited the following motions previously made by the Commission regarding the property at 2440 South Osprey Avenue: October 30, 1995 motion to postpone a decision failed motion to enforce the amortization schedule for 2440 South Osprey Avenue carried 3 to 1 Book 39 Page 12940 03/18/96 6:00 P.M. Book 39 Page 12941 03/18/96 6:00 P.M. November 6, 1995 motion to rescind the vote of October 30, 1995, to amortize the nonconforming use of Auto Haus Kolar, located at 2440 South Osprey Avenue, with the intent of returning the issue to the PBLP to finish deliberations before further Commission action carried 3 to 1. Vice Mayor Cardamone stated that Mayor Merrill and Commissioner Pillot previously expressed an interest in the City's purchasing the property at 2440 South Osprey Avenue; that she expresses the same interest. Commissioner Pillot stated that discussions have been held with the property owner, his representatives, and others from the neighborhood and community; that the number of speakers during the public hearing was 21, of which 10 supported exempting the property from the amortization schedule and 11 supported enforcing the amortization schedule; that the petitions submitted showed a preponderance of support for continuing the use, although all the signatures were not from residents in the immediate area; that the PBLP recommended the use be continued; that the statement referring to a nonconforming use that has no demonstrable negative effect is significant; that the use provides a useful service; that the 20 conditions proffered would be required if the use is exempted from the amortization schedule; that a request would also be made for Attorney Furen and City Attorney Taylor to develop criteria by which sanctions could be imposed if the conditions are not met in a timely manner and maintained. Commissioner Pillot continued that statements made in reference to promises made by past and present Commissions are valid; however, the present Commission should be willing and has the responsibility to consider new data. On motion of Commissioner Pillot it was moved to exempt the property at 2440 South Osprey Avenue from the amortization schedule. Motion died for lack of a second. Vice Mayor Cardamone stated that the Commission is placed in a difficult position of making a decision on an issue about which the community is equally divided; that based on the Zoning Code adopted in 1974, she expected the use to amortize in 1994. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to enforce the amortization schedule for the nonconforming service station use at 2440 South Osprey Avenue. Vice Mayor Cardamone stated that she was not a member of the Commission when the decision was made to exempt from the amortization schedule three doctors' offices on Osprey Avenue; that unintended uses have resulted although conditions were placed on those properties when exempted; that the use at 2440 South Osprey Avenue has changed from a service station to an auto repair shop; that the nonconforming use has expanded, enlarged, and intensified; that the amortization schedule should be enforced. Commissioner Dupree stated that a previous Commission voted to amortize the use at 2440 South Osprey Avenue by 1994; that the neighborhood was required to make alternative service arrangements during the time the structure was vacant; that the amortization schedule which expires in 1999 provides adequate time for the property owner to relocate the repair facility and continue making a living. Commissioner Patterson stated that making a decision on this issue is difficult; that an auto repair shop in a residential area without the benefit of substantial buffering is difficult to imagine; that the Commission in 1974 examined all the issues and made a promise to the neighborhood association and citizens that the service station use would cease to exist in 1994; that over the 20-year period, the use has changed, intensified, and vehicle sales have taken place on the property, although a letter received from a previous owner stipulates to the City that vehicle sales would no longer continue; that the letter dated April 2, 1991, from Theodore Sperling, explains that the issues currently being debated were well-debated in the 1970s by the Planning Board, on which he was a member at the time, and the City Commission. Commissioner Patterson continued that office use is a far less intensive use than an auto repair shop; that ample evidence was provided to support her voting to exempt the doctors' offices on Osprey Avenue from the amortization schedule; that three former Commissioners, who had voted to adopt the Zoning Code in 1974, the Planning Director, and the consultant, who drafted the nonconforming use provisions, provided testimony that the City had no intention of including the office buildings in the 1994 downzoning; however, the City's intent that the use at 2440 South Osprey Avenue was to be included is clear. Commissioner Pillot stated that the careful thought each Commissioner has given this item is respected; however, he cannot support the motion for the reasons previously stated. Mayor Merrill stated that he has advocated in the past that amortization is an improper seizing of property; however, in this instance the property at 2440 South Osprey Avenue was purchased after the debate regarding the amortization schedule had ensued; that new data must be reviewed carefully; that although common sense would prevail, a consultant could prove that landfills improve property values by reflecting that the property values in subdivisions along Bee Ridge Road progressively increase as the Book 39 Page 12942 03/18/96 6:00 P.M. Book 39 Page 12943 03/18/96 6:00 P.M. proximity from the landfill decreases; that the existing business can be relocated to an alternative site; that the overriding issue to him is trust of government; that people who purchased property or resided in the neighborhood in 1974 expect the use at 2440 Osprey Avenue to cease; that the motion will be supported. Mayor Merrill called for the vote on the motion to enforce the amortization schedule for the nonconforming use at 2440 South Osprey Avenue. Motion carried (4 to 1): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, no; Merrill, yes. The Commission recessed at 9:55 and reconvened at 10:02. 13. UNFINISHED BUSINESS: APPROVAL RE: CHILDREN'S WATER FOUNTAIN PLAY AREA AT ISLAND PARK - APPROVED (AGENDA ITEM VII-1) #3 (2725) through (3288) City Manager Sollenberger stated that the Commission previously approved in concept construction of a children's water fountain play area at Island Park, a gift donated to the City by the Donna Wolf Steigerwaldt Foundation, and directed the Administration to obtain input from the Parks, Recreation, and Environmental Protection Advisory Board and Public Art Committee (PAC) i that both boards reviewed the proposal and recommend approval of the project. City Manager Sollenberger continued that the Administration recommends 1) approving the revised location plan, 2) approving the play sculpture design, and 3) authorizing preparation of construction drawings and specifications to be placed out for bid. Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and David Johnston, Landscape Architect, came before the Commission. Mr. Mountain referred to an overhead display of Island Park to identify the new location of the play area. Mr. Johnston stated that the location of the play area was changed to preserve an open play area at Island Park for football and frisbee throwing and to assist in reducing the construction costs of the play area by positioning the amphitheater seating in a portion of the park which has a natural rise and knoll with a six- foot grade difference; that Mr. Steigerwaldt supports the new location. Mr. Johnston displayed and referred to a sculpture of a manatee and a scaled model of the children's water fountain play area to explain the details of the project and the interaction of water in the play area. Commissioner Patterson referred to the trellises on the scaled model; and stated that photographs of large wooden swings used at a park in Beaufort, South Carolina, have been provided for review by the Administration; that the use of such swings should be considered for this project. Commissioner Pillot stated that providing swings in a wet area could be hazardous for the children. Commissioner Patterson stated that the large swings referenced are similar in size to a wooden park bench; that the swings would provide additional seating around the children's water fountain play area and be used primarily by adults. On motion of Vice Mayor Cardamone and second of Commissioner Dupree, it was moved to approved the Administration's recommendation. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SARASOTA, FLORIDA AND SARASOTA COUNTY REGARDING THE JUDICIAL CENTER PARKING GARAGE USE AND RETENTION POND = APPROVED (AGENDA ITEM VII-2A) AND 15. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE AN EASEMENT DEED FOR PUBLIC RIGHF-OF-WAY OVER THE NORTHERLY 40 FEE OF LOTS 12 - 18 AND A PORTION OF LOT 19, BLOCK B, WASHINGTON CENTER SUBDIVISION FOR THE PURPOSE OF RELOCATING ADAMS LANE TO THE SOUTH = APPROVED (AGENDA ITEM VII-2B) AND 16. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 95-3899, TO CONDITIONALLY REZONE FROM C-CBD ZONE DISTRICT TO G ZONE DISTRICT A PORTION OF THE REAL PROPERTY UPON WHICH THE SARASOTA COUNTY JUDICIAL CENTER IS PROPOSED TO BE CONSTRUCTED SUCH THAT THE ENTIRE SITE WILL BE ZONED G, DESCRIBED AS FOLLOWS: LOT 12 AND THE WESTERLY 13.45 FEET OF LOT 13, PLAT OF WASHINGTON CENTER, TOGETHER WITH THE SOUTHERLY ONE-HALF OF THE VACATED ALLEY ADJACENT TO THE NORTHERLY LINE OF SAID LOTS: GRANTING PRELIMINARY SITE AND DEVELOPMENT PLAN APPROVAL FOR THE SARASOTA COUNTY JUDICIAL CENTER PROPOSED TO BE CONSTRUCTED ON PROPERTY BOUNDED BY RINGLING BOULEVARD ON THE NORTH, SOUTH WASHINGTON BOULEVARD ON THE WEST, ADAMS LANE ON THE SOUTH AND THE CITY OF SARASOTA PUBLIC SAFETY BUILDING AND AN ALLEY ON THE EAST, AS MORE PARTICULARLY DESCRIBED HERE- IN: ETC. (TITLE ONLY) (PETITION NOS. 95-CO-03 & 95-PSD-L, Book 39 Page 12944 03/18/96 6:00 P.M. Book 39 Page 12945 03/18/96 6:00 P.M. STEWART BARGER, BARGER & DEAN ARCHITECTS, REPRESENTING SARASOTA COUNTY) - ADOPTED (AGENDA ITEM VII-2C) #3 (3288) through (3559) City Manager Sollenberger stated that the City Commission is requested to approve and authorize execution of an interlocal agreement with Sarasota County to: 1) provide for location of a stormwater retention pond in Payne Park at either the north or south side of Laurel Street, at the County's option, which will be designed as a recreational feature, reviewed by the City Parks, Recreation, and Environmental Protection Advisory Board, and approved by the City Manager, and 2) provide for use of 193 parking spaces in the County parking garage to support the City's Public Safety building for a duration of ten years at a cost of $1.00 per month; that the interlocal agreement addresses two of the conditions contained in proposed Ordinance No. 95-3899, to rezone the property for the Judicial Center from Commercial, Central Business District (C-CBD) to Governmental (G), and proposed Ordinance No. 96-3908, to vacate Adams Lane; that second reading of proposed Ordinance No. 96-3908 has been postponed to a future Commission meeting. City Manager Sollenberger stated that the Administration recommends: 1) approving the interlocal agreement and authorizing the Mayor to execute and the City Auditor and Clerk to attest, 2) authorizing the Mayor and City Auditor and Clerk to execute the easement deed, and 3) adopting proposed Ordinance No. 95-3899 on second reading. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3899 by title only. On motion of Commissioner Pillot and second of Commissioner Patterson, it was moved to 1) approve the interlocal agreement and authorize the Mayor to execute and the City Auditor and Clerk to attest, 2) authorize the Mayor and City Auditor and Clerk to execute the easement deed, and 3) adopt proposed Ordinance No. 95- 3899 on second reading. Mayor Merrill requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Cardamone, yes; Patterson, yes; Pillot, yes; Merrill, yes. 17. NEW BUSINESS: APPROVAL RE: ACCEPT DONATION OF $10,000 FOR THE ACQUISITION OF NATIVE TREES AND AUTHORIZE REMOVAL OF APPROXIMATELY ONE-THIRD OF AN ACRE OF EXOTIC TREES ON NORTH LIDO PARK - APPROVED (AGENDA ITEM VIII-1) #3 (3568) through #4 (1440) V. Peter Schneider, Deputy City Manager, stated that the Agenda material refers to three-fourths of an acre; that the actual land area being referenced is one-third of an acre. Mr. Schneider continued that Laurence Saslaw has submitted a proposal to the City for the removal of exotic trees at North Lido Park and a donation for the acquisition and planting of native tree species to offset the removal of the exotics; that Mr. Saslaw's proposal contains two alternatives: 1) removal of four specified Australian pines for which a donation of $2,000 will be made or 2) removal of approximately 20 Australian pines and Brazilian peppers on one-third of an acre for which a donation of $10,000 will be made; that removal of the trees would be performed at Mr. Saslaw's expense with supervision of the Sarasota County Park and Recreation Department; that replacement trees ranging from 6 feet to 12 feet in height would be acquired and planted at a cost of approximately $75 per tree; that 26 trees would be planted in conjunction with option #1 and 130 with option #2; that the County has reviewed and found the proposal acceptable. Mr. Schneider referred to aerial photographs displayed on the overhead projector to identify the areas relative to Mr. Saslaw's proposal; and stated that the trees proposed to be removed are at the northern end of North Lido Park in the area immediately west and southwest of residences on Westway Drive. Mr. Schneider continued that a letter of support for the proposal has been received from the president of the Lido Shores Property Owners Association (LSPOA) subject to the area being replanted with native vegetation mutually acceptable to Mr. Saslaw, Lido Shores Property Owners Association, and Sarasota County Government, which has jurisdiction over North Lido Park. Mr. Schneider further stated that the Administration recommends: 1) accepting the offer to remove Australian pines and Brazilian peppers on approximately one-third of an acre at the northern end of North Lido Park, 2) accepting the donation of $10,000 to revegetate the area with native trees, and 3) directing the Administration to work with the County Parks and Recreation Department to implement the proposal. Vice Mayor Cardamone asked for the County's plans regarding the remaining Australian pines at North Lido Park? Mr. Schneider stated that the North Lido Management Plan, adopted in December 1990, was put forth without funding allocated for revegetation; that the inclusion of funding under the Capital Improvement Program in the County's 1996/97 budget is anticipated to provide for reforestation along the Pansy Bayou and Pansy Lagoon where Australian pines were girdled. Book 39 Page 12946 03/18/96 6:00 P.M. Book 39 Page 12947 03/18/96 6:00 P.M. Commissioner Dupree stated that calls have been received from neighbors who have requested that the cabbage palms and sea grapes in the area be retained as the exotic trees are removed. The following people came before the Commission: Laurence Saslaw, 1003 Westway Drive (34236), stated that trees classified as pest trees by the State Exotic Plant Council, Australian pines and Brazilian peppers, will be the only trees removed; that he is available to answer questions the Commission may have regarding the proposal. Mayor Merrill asked for the purpose Mr. Saslaw is pursing the project? Mr. Saslaw stated that removal of the trees will improve the vista from his residence to the Gulf of Mexico. Maurice Vick, 1067 Westway Drive (34236), stated that the proposal set forth by Mr. Saslaw will enhance the neighborhood and is supported; that Australian pines and Brazilian peppers are nuisance trees, continually shedding seeds and dominating the area. Commissioner Dupree stated that natural revegetation may not be prevented by removing only a portion of the Australian Pines on North Lido Park. Commissioner Patterson stated that Mr. Saslaw is willing to remove at his own expense any regrowth which occurs, provided permission to do sO is granted by the City. Lorraine Garland, 1252 Center Place (34236), cited the following from past Lido Shores Association correspondence distributed to the membership when a previous proposal was put forth to alter the pristine state of North Lido Park: Ted Sperling, a well known ecology activist on St. Armands, met with our board to discuss the impact these plans would have on St. Armands and Lido Shores. The County Parks (Board) had a public hearing on this and exceeded to the public's instance that they abide by the pristine state provisions. We were very fortunate the City of Sarasota had made that promise (to retain North Lido Park in a natural and pristine state) and that the County Parks (Board) recognized the validity of our argument. We must remember that City personnel is subject to change and memories are sometimes short. Future residents of Lido Shores need to be aware of this and remain vigilant that the promise is not broken. Ms. Garland referred to the North Lido Management Plan brochure; and stated that Step I refers to the removal of Australian pine seedlings; that Step II refers to hazardous tree and limb removal; that Step III refers to removing Brazilian pepper, girdling and removing Australian pines encroaching on the mangrove swamps along Pansy Lagoon and Pansy Bayou and replacing with native vegetation; as well as controlling new growth of Australian pines; that removal of mature Australian pines is not referenced. Ms. Garland continued that the Australian pines on North Lido Park were planted by John Ringling over 50 years ago to act as a wind buffer and to retain sand on the beach; that Australian pines survive under conditions native plants cannot; that North Lido Park should be preserved in the pristine state originally established; that having three contiguous parks, each one exampling a different posture, is a rarity people should be afforded an opportunity to experience; that the Park was purchased to remain in its natural and pristine state for the entire community to enjoy, not only the people who reside in the immediate vicinity. Vice Mayor Cardamone asked if the proposal is in violation of the Management Plan? Ms. Garland stated yes. Vice Mayor Cardamone stated that the language in the Management Plan indicates the intent was to control regrowth but to retain the mature Australian pines. Commissioner Patterson stated that girdling Australian pines along Pansy Lagoon refers to mature trees; that the Management Plan was violated when the County girdled several hundred trees in the area without allocating funds for reforestation; that Mr. Saslaw's proposal includes funding for revegetation. Commissioner Patterson continued that many environmentalists and landscape architects in Florida refer to Australian pines as undesirable trees. Ms. Garland stated that as a landscape architect with expertise from the North, she disagrees; that Australian pines have flourished in various parts of the world; that some people do not consider the tree as detrimental; that other acidic tree species, which inhibit undergrowth, have not been condemned; that the mature Australian pines along Pansy Bayou and Pansy Lagoon were girdled to provide an opportunity for the mangroves to flourish; that she agrees the regrowth should be controlled and the damaged Australian pines removed; however, 50-foot-high Australian pines are a site of splendor, provide shade, and should be retained. Mayor Merrill stated that the Australian pines were part of the Park when purchased and when a pristine condition was referenced. Book 39 Page 12948 03/18/96 6:00 P.M. Book 39 Page 12949 03/18/96 6:00 P.M. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to accept the $10,000 donation to the City for the replanting of native vegetation in the North Lido Park management area and to authorize Mr. Saslaw at his expense to: 1. remove Brazilian peppers and Australian pines from approximately one-third of an acre in the area northwest of the line drawn on the Commission exhibit. 2. work with City Staff and the Lido Shores Property Owners Association to accomplish future monitoring and removal of regrowth of exotics in the identified, designated area 3. work with Staff and the Lido Shores Property Owners Association to develop details for replanting of the designated area with native vegetation mutually acceptable to Mr. Saslaw and the Association. Commissioner Patterson stated that the land to which the one-third of an acre abuts belongs to the Lido Shores Property Owners Association; that the State, County, and City consider the Australian pine a tree deleterious to native vegetation undergrowth; that the Management Plan was a compromise reached to enhance native vegetation while ameliorating public concerns that the area would be commercialized or sold for parking; that the identified, designated area is separated from the huge, dense forest at North Lido Park; that a property owner is willing to girdle the undesired trees at his own expense and make a donation to enhance the Management Plan by replacing the undesired trees with native vegetation; that the request seems reasonable. Commissioner Pillot asked if the intent of the motion was to include native vegetation mutually acceptable to the City? Commissioner Patterson stated yes. City Manager Sollenberger stated that the Administration recommends approval of the motion; however, City Staff would act as a liaison with County Staff as the County will have ultimate responsibility for implementation of the Management Plan. Vice Mayor Cardamone stated that 50-foot-high Australian pines are attractive and provide for shade; that the native vegetation proposed will not provide adequate shade, which is an integral part of Lido Beach; that Australian pines, considered to be detrimental, have been removed in various areas of the City, i.e., along Webber Street and in the Southgate Mall area; that the seedlings and domination of the Australian pines are not missed, but the splendor of the 50-foot-high trees is; that the Management Plan is clear: remove seedlings throughout the Park and mature Australian pines from two specific areas; that she will not support the motion. Commissioner Patterson asked for the height of the trees in the designated area identified in the proposal. Mr. Schneider stated that the majority of the trees are between 20 and 25 feet in height Mr. Saslaw came before the Commission and stated that an article published in the Sarasota Herald-Tribune reports that possession or cultivation of Australian pines is a misdemeanor offense in the State of Florida. Mayor Merrill stated that Australian pines grow only in limited areas and provide shade; that no other vegetation of substantial size will grow on a beach; that the proposal does not include replacing the canopy with non-exotic trees, which could be supported; that removal of Brazilian peppers is supported; that trimming the limbs on the Australian pines would be acceptable; that Mr. Saslaw's honesty is respected; however, the community voted to purchase and retain the Park in its natural state, which included the Australian pines; that the Commission should not violate the intent of the Management Plan to improve a property owner's view over public land; that he will not support the motion. Mayor Merrill called for the vote on the motion to accept the donation of $10,000 and authorize Mr. Saslaw to proceed as outlined. Motion carried (3 to 2): Dupree, yes; Cardamone, no; Patterson, yes; Pillot, yes; Merrill, no. 18. NEW BUSINESS: APPROVAL RE: STORM DRAINAGE CAPITAL IMPROVEMENTS PROJECT PRIORITIZATION FOR FISCAL YEAR 96/97 STORM DRAINAGE CAPITAL IMPROVEMENTS REPORT - APPROVED: PROJECTS #24, 30 and 31 ON THE PRIORITIZATION LIST TO BE COMPLETED USING RESERVE FUNDS (AGENDA ITEM VIII-2) #4 (1444) through #5 (0323) Dennis Daughters, Director of Engineering/City Engineer, Rick Winters, Engineering Technician V, Robert Waterston, P.E., Stormwater Manager, Stormwater Environmental Utility (SEU), Sarasota County, and Terry Liby, Project Engineer, Capital Improvements Program, SEU, Sarasota County, came before the Commission. Mr. Daughters stated that a prioritization list of 31 proposed storm drainage capital improvement projects as outlined in the Agenda material is being recommended to the Commission pursuant to the Interlocal Agreement between the City and Sarasota County. Mr. Daughters continued that representatives of Sarasota Memorial Hospital and the Southside Village Association are in the audience to request projects be added to the prioritization list; that Sarasota Memorial Hospital is requesting the addition of a project Book 39 Page 12950 03/18/96 6:00 P.M. Book 39 Page 12951 03/18/96 6:00 P.M. on Hillview Street near Laurent Place; that the priority of a project in this area depends on whether structural flooding is occurring; that two years ago the Commission established criteria for prioritizing projects, providing the basis for Staff's recommended prioritization; that Staff's recommendations are to: 1) approve the Capital Improyements Prioritization List, and 2) authorize City Staff to work with SEU Staff to coordinate inclusion of smaller drainage projects as funds become available. Mr. Daughters further stated that smaller storm drainage projects may be completed if maintenance funds are available at the end of the fiscal year or if a maintenance-relàted project is being completed in the surrounding area; that the intent is to pursue the smaller storm drainage projects in the same order as on the prioritization list. Commissioner Pillot asked if a project in the area of Florida Surgical Supply on Hillview Street near Laurent Place is included in the prioritization list? Mr. Daughters stated that the project is not currently included in the prioritization list but is recommended to be included with a priority to be determined based on whether structural flooding is occurring; that no complaints of structural flooding in that area have been received. Commissioner Pillot stated that the front door of Florida Surgical Supply was inaccessible due to flooding on one occasion of which he is aware; that the existence of other occurrences is not known. Commissioner Patterson asked if structural flooding refers to an area where only one structure floods and, if so, is that area included among the first ten projects on the prioritization list? Mr. Daughters stated yes. Commissioner Patterson stated that some structures in the City which experience flooding are not included on the prioritization list; that a concern is that one structure which floods takes precedence over streets which become inaccessible due to flooding; therefore, structural flooding as a criterion used by City Staff causes unease. Mr. Daughters stated that the criteria for prioritizing storm drainage projects was brought to the Commission in March 1993. Commissioner Patterson stated that is understood; however, structural flooding was assumed to mean a group of structures which flood rather than just one structure; that many structures which flood are not on the prioritization list. Mr. Winters stated that areas with group structural flooding are the highest priority; however, the prioritization list also includes areas where only one structure floods, although those projects are lower on the prioritization list; that the criterion is aimed at the flooding of habitable living area; that little can be done to prevent flooding of some older structures in some flood plains or coastal areas. Commissioner Patterson asked the cause of flooding in some coastal areas and if drains can be installed to prevent that flooding? Mr. Winters stated yes; however, available drains are not very efficient. Mr. Daughters stated that barnacle growth restricts the opening and closing of the drains. Vice Mayor Cardamone stated that the prioritization list does not indicate structural flooding is a problem in the Newtown Canal area. Mr. Daughters stated that the Newtown Canal is on the list to assure the project has not been forgotten; that the project is a Sarasota County project and not a City project; that difficulties have been encountered in the permitting process. Vice Mayor Cardamone stated that structural flooding is not indicated on the prioritization list for the project on 15th through 19th Streets east of Central Avenue, which is Project #4; however, the belief is that structural flooding does occur. Mr. Daughters stated that Staff is unaware of any structural flooding related to this project; that Projects #1 through #5 were put on the prioritization list prior to creating the criteria to determine priority. Vice Mayor Cardamone asked if the project on Leon/Nobel Avenues is the first to address structural flooding? Mr. Daughters stated yes; that approximately 35 homes flood regularly in that area; that the Leon/Nobel Avenues area is the worst in the City. Vice Mayor Cardamone asked if this project is due to be completed in October 1996? Mr. Daughters stated yes; however, obtaining the necessary easements is holding up the project. Vice Mayor Cardamone stated that is unfortunate as another rainy season will be over before the project begins; that the flooding Book 39 Page 12952 03/18/96 6:00 P.M. Book 39 Page 12953 03/18/96 6:00 P.M. problem is very serious in that area; that the problem of rights- of-way or easements was not previously contemplated; that a determination of the current status would be appreciated. Mr. Liby stated that the project is scheduled for completion in October 1996 due to the time required to obtain easements; that necessary sketches to obtain the easements are being completed, after which the project will go to bid and the contract awarded. Vice Mayor Cardamone asked if the process can be expedited? Mr. Liby stated that difficulty may be encountered in obtaining the necessary easements from impacted residents; that condemnation proceedings are sometimes required which is a 90- to 120-day process; that bid advertising is generally not done unless the necessary permits and easements have been obtained; that Sarasota County could be held liable if construction is held up after construction contracts have been awarded and construction dates determined. Vice Mayor Cardamone asked if easements are required in front of houses unaffected by flooding? Mr. Liby stated that easements are not required from all 35 residents. Vice Mayor Cardamone stated that cooperation is hoped for due to the seriousness of the problem. Mr. Liby stated that residents may want the flooding to go away but may not be overly cooperative in granting easements. Commissioner Patterson stated that street flooding occurs in the area around Browning Street; and asked in which basin this area is located? Mr. Winters stated the Philippi Basin. Commissioner Patterson asked if the prioritization list includes any projects in the Philippi basin? Mr. Daughters stated yes, as follows: Project #13: 12th Street at Lockwood Ridge Road, Project #15: Clematis Street to Wisteria Street, and Project #23: Erie Court at Heron Lane. Commissioner Patterson stated the flooding occurs regularly and water is standing all the time in a section of Browning Street; that the issue is actually a maintenance concern; that some drains have been compressed by traffic such as garbage trucks; that neighbors have called with complaints; that the City or County is not taking care of the problem; that massive projects are not necessary but rather individual repairs are required on the worst streets; and asked the process to have Staff evaluate the area around Browning Street between Tuttle Avenue and Lockwood Ridge Road for possible inclusion in the prioritization list? Mr. Daughters stated that it can be done; that the drains under the roadbeds were intended to handle ground water to keep the roadbed dry and not storm water. Commissioner Patterson stated that the uncrushed drains do work. Mr. Daughters stated that this area is being handled as a road- related project not a storm-water project; that the ground water is not going through the crushed drains but is coming over the curb so the area is continually wet; that the resolution is to replace the drains underneath the roadbed and curb. Commissioner Patterson asked why the problem is not a storm drainage issue? Mr. Daughters stated that the drains were designed to keep the roadbed dry by handling ground water not surface water runoff or rainwater. Commissioner Patterson stated that heavy rains add to the drainage system in the area, which are part of the overall County drainage system; that large drainage areas such as Lockwood Ridge Road drain into these streets so water is coming from a variety of sources; that the area should be considered as a storm drainage issue and on the prioritization list; that a fee is being paid by the City specific to the Philippi basin; that taxes paid by residents in this area are used to resolve drainage problems, many far from where these residents live. Mr. Daughters stated that the system can be funded as part of storm drainage capital improvements if the Commission sO desires. Commissioner Patterson asked if an alternative funding source is available? City Manager Sollenberger stated that no alternative funding source is currently available; that this type of activity could be included in the one cent sales tax option referendum; that funding availability is limited. Commissioner Patterson stated that the issue is equity as to how the dollars are spent in the Philippi basin. Book 39 Page 12954 03/18/96 6:00 P.M. 4199EAA Book 39 Page 12955 03/18/96 6:00 P.M. Mr. Daughters stated that Sarasota County is currently performing an audit on direction of the funds as requested by the City; that the same amount of monies collected in the City are being spent in the City in accordance with the Interlocal Agreement. Commissioner Dupree asked how the priorities are established? Mr. Daughters stated that prioritization is done by the City Commission; that the criteria approved by the Commission is used by Staff as a guideline to present priorities to the Commission; that the priority determined by the Commission is sent to the County and presented to the SEU Advisory Board which has two City representatives; that the Advisory Board considers the City's and the County's prioritization lists and the resulting prioritization list is sent to the Board of County Commissioners for inclusion in the final County budget; that the SEU finds funding for the projects so the design and construction process can be initiated. Mr. Liby stated that the available money for projects is the balance after costs of operation and maintenance in the City; that limited dollars are available for Capital Improvements Projects (CIP); that many projects in the Hudson Bayou basin resulted from the 1994 basin study conducted by the County; that the priority is to reduce the structural flooding. Commissioner Dupree stated that flooding is not to the extent that Federal funds are available. Mr. Daughters stated that is correct, except for some work in Whitaker Bayou; that Project #8 in the area between 47th Street and Mecca Drive is the result of the basin study and will be done by the Army Corps of Engineers. Mr. Liby stated that $80,000 is being received from the Manasota Basin Board for Project #10C, the desiltation facility along the high school property. Commissioner Patterson stated that the purpose of Project #10C is indicated as to relieve up-stream structural flooding and asked where this flooding occurs? Mr. Daughters stated structural flooding is occurring considerably upstream in the area of the Jefferson Pines condominiums north of Fruitville Road; that structural flooding is also occurring on the street east of the Euclid Canal south of Fruitville Road. Mr. Winters stated that structural flooding is also occurring on Pelican Drive on the east side of Shade Avenue. Vice Mayor Cardamone asked how an emergency is handled, such as the collapse of a storm drain? Mr. Daughters stated that Project #10A on Euclid Avenue at Courtland Street is an analogous situation. Mayor Merrill stated that it is now 11:30 p.m. and a motion is required to extend the meeting. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to extend the meeting to complete the agenda. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, no. Mr. Daughters stated that Project #10A is a major pipe crossing which is failing on Euclid Avenue above Alta Vista High School on which the County has had some design work done; that Staff is recommending advancing Project #10A to between Projects #6 and #7A on the prioritization list; that smaller projects involving severely deteriorating pipes have been corrected with maintenance funds. Commissioner Dupree stated that the Sarasota Day Nursery is of the opinion that a storm drainage problem exists in their area. Mr. Daughters stated that Project #A, the Newtown Canal, on the prioritization list will help the area tremendously and is scheduled to be completed in Fiscal Year 1996; that water currently backs up to such a high level that the water flows backwards down the Osprey Avenue swail and along the ditch at 19th Street with the result that the entire area is flooded; that the County is considering blocking the swail sO water will not flow backwards into the Newtown Canal, thus relieving the problem. Mr. Liby stated that the consultant's contract is being amended to provide for an evaluation of the model of the Newtown Canal project in relationship to the location of the Sarasota Day Nursery; that recommendations will be made for additional work to relieve the flooding problem, most of which is created by the inadequate system along the Newtown Canal; that additional areas beyond the original Newtown Canal project are being considered as well; that the County has an extensive inspection team, the Initial Response Team (IRT), and an extensive database cataloguing all complaints received to determine the extent of a flooding problem; that the IRT investigates to determine if maintenance will resolve the problem or if extensive engineering and permitting are required in which case a capital program will be developed. Edward D. Klein, 3315 Bay Shore Road (34234), came before the Commission and stated that Project #31, the Bay Shore project, is the last project on the prioritization list and is of interest to him; that his house, purchased about two years ago, has a large wall along both sides of the property; that an easement exists between the wall and the five properties north of the wall; that Book 39 Page 12956 03/18/96 6:00 P.M. Book 39 Page 12957 03/18/96 6:00 P.M. the drainage pipe in the easement sprang a leak and created a hugh sinkhole under the wall and the approximately $50,000 worth of recently-installed landscaping; that the sinkhole was mostly on his property this time; however, the same situation has happened on two or three occasions in the past; that each time, the remedy was a patching job on the pipe done by the City or the County; that difficulty has been encountered in determining whether the City or the County is responsible for completing the work. Mr. Klein continued that the repair work took about three months; that the sinkhole was a very dangerous situation to him and could have been to five other property owners; that the estimated cost of Project #31 is only $10,000; however, the potential exposure in terms of damages to the City and County is much larger; that the easement is unusual in that the City and County are responsible for the maintenance in the area; that the masonry wall is very expensive; that the dollar liability to the City would be large if the wall collapsed; that the property owners absorbed the cost of the landscaping the last time the problem occurred; however, the cost of the landscaping would have to be compensated by the City or County if another leak occurred; that the $10,000 price tag is misleading; that the cost to fix the pipe joints is $10,000, but the potential liability is great; that Commission action in moving Project #31 higher on the prioritization list before another problem occurs would be appreciated. City Manager Sollenberger stated that Project #31 could be handled as a maintenance project; that the liability issues should be examined in the prioritization; that the easement is unusual; that reprioritization under the circumstances should be explored. Mr. Daughters stated that Project #31 could be moved to follow Project #10A, which is also a failing pipe situation. Commissioner Pillot stated that Staff's prioritization recommendations include the following statement: There are numerous smaller projects that constitute capital improvements, and can be more readily accomplished than the large projects, but do not warrant a very high priority via the approved priority guidelines. The SEU could accomplish a number of these smaller projects in conjunction with work they have on-going throughout the County. For these smaller projects, it would be more efficient in time and cost to allow the SEU to schedule some of these (denoted by the asterisk) in their ongoing work program. Commissioner Pillot stated that in his March 11, 1996, letter to the City Manager, Mr. Klein quotes from a September 21, 1995, letter from Mr. Winters as follows: "We (the City) will, therefore, be recommending that a lining be installed in the pipe as a capital improvement project." Commissioner Pillot asked if, therefore, the project can be managed as an on-going project? Mr. Daughters stated that the prioritization list being presented is for next fiscal year; that completion of Project #31 could be requested if monies are left this fiscal year and if the Commission takes appropriate action. Commissioner Pillot stated that a number of months remain in this fiscal year which includes the summer rainy season; that Project #31 should be considered as an emergency. Mr. Daughters stated that the only remaining repair alternative is to slipline the pipe; that the masonry wall was constructed next to the pipe and the landscaping was constructed on top of the pipe; therefore, access to the pipe has been eliminated; that the County has tried to complete the repairs a little at a time where sinkholes have developed, but this approach has been unsuccessful; that the City and County Staff are of the opinion that the only method to solve the problem is to slipline the pipe. Commissioner Dupree asked if money is available? City Manager Sollenberger stated that the issue is money; that the Commission can direct the Administration to work towards a quick conclusion of Project #31; that a degree of risk exists in this situation. Mayor Merrill stated that, hearing no objections, the Administration is directed to work towards a quick conclusion of Project #31. Commissioner Patterson stated that she is supportive of this direction; however, some items totalling hundreds of thousands of dollars on the prioritization list are part of the maintenance budget, which is strained; that Project #31 has a small price tag; that Projects #30 and #24 should also be considered part of the maintenance budget if dollars are available; that use of the healthy reserve funds in the City may be appropriate. City Manager Sollenberger stated that the Commission may so direct the Administration which can determine how to accomplish this task. Mayor Merrill stated that, hearing no objections, the Administration is directed to complete Projects #24, 30 and 31 using reserve funds. Book 39 Page 12958 03/18/96 6:00 P.M. Book 39 Page 12959 03/18/96 6:00 P.M. Vice Mayor Cardamone stated that the projects should be completed immediately, before the rainy season. Terry Coffrin, 1829 South Osprey, representing the Southside Village Merchants, and Pamela Hower, 1700 South Tamiami Trail (34239), representing Sarasota Memorial Hospital, came before the Commission. Ms. Hower stated that storm water improvements on Hillview Street are very important; that she has overlooked "Lake Laurent" for the past 13 months and is convinced that the plant material in the Streetscape Project for this area should be changed out for wetland plant material; that the area is poorly drained; that the merchants and the hospital want to work with City Staff; that any opportunity for pipe upgrading, storm water drainage improvements, etc., should be done at the same time as the Streetscape Project; that some pipe upgrades will be required; that the Commission is encouraged to let the hospital and City Staffs work together to quantify the costs so a change order to address the problem can be issued during the Streetscape Project. Mr. Coffrin stated that the entire area near Florida Surgical Supply floods in rainy weather. Vice Mayor Cardamone asked why the area was left out of project funding when the Streetscape Project was planned? Ms. Hower stated that enough money was not available; that storm water improvements would have occurred but no beautification would have taken place; that the decision was made to address storm water issues later which did not occur. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to direct the Administration to quantify the costs and report back with a funding source, if affordable. Vice Mayor Cardamone asked when the second phase of the Streetscape Project is to occur? Ms. Hower stated that construction will begin May 13, 1996. Vice Mayor Cardamone stated that urgency is required. Mr. Daughters stated that the Southside Village Project is a Florida Department of Transportation (FDOT) project; that the contract for the Streetscape Project has just been awarded; that coordination of a storm water drainage project with the Streetscape Project is virtually impossible; that City Staff will tackle the task if the Commission desires; however, the chances are extremely low that coordination of the two projects can be achieved; that a decision was made some time ago in the planning stages of the Streetscape Project not to address the storm water drainage issue because of funding limitations. Commissioner Patterson asked if the hospital was involved in that decision? Mr. Daughters and Ms. Hower stated yes. Mr. Daughters stated that a major development is proposed at the hospital which will require the hospital to make drastic storm water drainage improvements to meet concurrency requirements; that the hospital made major improvements in the storm water drainage system when the parking garages at Waldemere Street were built; that similar improvements will be required for the proposed parking garage which will greatly improvement storm water drainage in the area. Mayor Merrill called for a vote on the motion to refer the issue to the Administration for a report back. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. Mayor Merrill asked for the Administration's recommendation on the Storm Drainage Capital Improvements Prioritization Recommendations. City Manager Sollenberger stated that the Administration recommends adopting the prioritization recommendations as submitted plus the modifications made at the table. On motion of Commissioner Patterson and second of Commissioner Pillot, it was moved to adopt the Administration's recommendations with the modifications made by the Commission. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. Commissioner Patterson stated that an accounting from the County would be appreciated. City Manager Sollenberger stated that an evaluation of the Interlocal Agreement with the County is being conducted. 19. BOARD APPOINTMENTS RE: CHILDREN AND YOUTH SERVICES ADVISORY COUNCIL = APPOINTED COMMISSIONER DUPREE (AGENDA ITEM IX-1) #5 (0323) through (0344) City Auditor and Clerk Robinson stated that Commissioner Dupree has consented to appointment to the Children and Youth Services Advisory Board. On motion of Vice Mayor Cardamone and second of Commissioner Patterson, it was moved to appoint Commissioner Dupree as the City's representative to the Children and Youth Services Advisory Board. Book 39 Page 12960 03/18/96 6:00 P.M. Book 39 Page 12961 03/18/96 6:00 P.M. Mayor Merrill stated that, by acclamation, Commissioner Dupree will be declared the City's representative to the Children and Youth Services Advisory Board. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - CITY MANAGER TO PROVIDE INFORMATION ON THE RINGLING CAUSEWAY REPLACEMENT BRIDGE TO CITY REPRESENTATIVES ON THE MPO; CITY MANAGER AND CITY ATTORNEY TO PREPARE A REPORT CONCERNING THE STATUS OF THE LAW SUIT FILED BY BVP ASSOCIATES FOR THE APRIL 1, 1996, REGULAR MEETING; REFERRED TO THE ADMINISTRATION THE POSSIBILITY OF PURCHASING THE PROPERTY AT 2440 SOUTH OSPREY AVENUE FOR A PARK; REFERRED TO THE ADMINISTRATION FOR CONSIDERATION BY THE PUBLIC ART COMMITTEE A SUGGESTION FOR A PROJECT INVOLVING THE RINGLING SCHOOL OF ART AND DESIGN (AGENDA ITEM X) #5 (0344) through (0893) COMMISSIONER PATTERSON: A. stated that a memorandum in the Agenda material from the Police Chief regarding the Commission's request for assistance from the Sheriff's Office in patrolling U.S. 301 and 41; that the Police Chief does not favor this action because of coordination difficulties, which is respected; that the Police Chief requested as an alternative that the Sheriff assign a Public Service Aide (P.S.A.) to the City, which is not an appropriate trade- off for the almost $2.5 million in City tax dollars given to the County; that the Sheriff has indicated this assistance is not possible without additional funding from the County; that she is unhappy with the Sheriff's answer and with the Police Chief's request. B. stated that the Florida Department of Transportation (FDOT) has determined that the budget for the proposed Ringling Causeway Replacement Bridge, which had previously changed each time seen, is now immutable and cannot be changed; that the City is to be turned down on its request for additional funding for the bridge; that Joan Altabe indicated this fact was brought to the City's attention two weeks ago; that the issue is not on the Agenda for this meeting and when the issue will be discussed is not known; that FDOT has indicated the City will have six months to develop a new design after which time the FDOT will do what it wants; that something should be done immediately. City Manager Sollenberger stated that the situation has been discussed with FDOT; that the bridge was being evaluated by FDOT preliminarily; that cost estimates were being done by the engineers hired by FDOT to design the bridge and had been estimated to be excessive; that a second opinion was to be done by another independent engineering firm; that FDOT indicated two or three weeks ago a written response along with the engineering analyses from both firms would be forthcoming; that the written information still has not been received. Commissioner Patterson stated that a Metropolitan Planning Organization (MPO) meeting is being held on Monday, March 25, 1996; that the issue will probably be a topic of conversation; that some direction from the Commission would be appreciated; that the response from FDOT could be requested before the MPO meeting. Mayor Merrill stated that the motion adopted some time ago provided alternatives if FDOT rejected the selected bridge design. City Manager Sollenberger stated that the motion directed the Administration to go to the Foundation for Excellence in Architecture for alternate designs if FDOT rejected the first choice; that FDOT's written report is necessary so the can City go to the Foundation for Excellence in Architecture. Commissioner Patterson stated that acceleration of the FDOT report is requested; that the outgoing president of the local chapter of the American Institute for Architecture (AIA) indicated that the Foundation for Excellence in Architecture had approached the AIA four months prior to the meeting at which the referenced motion was approved; that the Foundation had indicated experts would be brought in; however, nothing was done; that a determination should be made whether the Foundation has the available funds; that the anticipated timeframe proposed by the Foundation should also be determined; that reaching the end of the six-month period indicated by FDOT and obtaining a standard FDOT bridge with adornments is not desired. Vice Mayor Cardamone stated that the estimated cost of the chosen design was evaluated by the second-place bridge designer who indicated the price is unknown but too much; that City representatives on the MPO could indicate that adequate information has not been received to bring the issue to the table. City Manager Sollenberger asked if the issue is on the MPO agenda? Vice Mayor Cardamone stated she believes not; however, the issue could be brought up. Commissioner Patterson stated she was considering bringing the issue up at the MPO. Vice Mayor Cardamone asked Commissioner Patterson if she was considering bringing the issue up with objections to the second Book 39 Page 12962 03/18/96 6:00 P.M. Book 39 Page 12963 03/18/96 6:00 P.M. place bridge designer making the cost estimate? Commissioner Patterson stated yes. Mayor Merrill stated that, hearing no objections, the City Manager will provide information to the City representatives on the MPO as soon as possible. City Manager Sollenberger stated it will be done. COMMISSIONER PILLOT: A. stated that a law suit had been filed by BVP Associates concerning the Commission vote on the property at Bahia Vista Street and U.S. 41; that the petitioners prevailed at the Circuit Court level; that the City entered an appeal which is pending with the District Court of Appeals; that several weeks ago the Commissioners received a letter indicating a resolution of the issue would benefit all parties; and requested that the matter be placed on the Agenda for the regular meeting of April 1, 1996. Mayor Merrill stated a Commissioner may place an item on any agenda and asked if that is the request. Commissioner Pillot stated yes. Vice Mayor Cardamone stated that a discussion had occurred at a previous meeting concerning a response to the letter; that no support was forthcoming for a workshop to discuss the problems and/or opportunities with the owners. Commissioner Patterson stated that she does not support the use of substantial City Attorney or Staff time prior to the issue coming to the table to determine if three Commissioners will support a possible settlement. Commissioner Pillot stated that the authority to have information provided by the City Manager or City Attorney is not his; that by consensus three or four Commissioners can tell the City Manager and City Attorney not to expend time on the preparation of a report, which is respected. Commissioner Patterson stated that the belief is the City Manager and City Attorney must be told to undertake the activity. Commissioner Dupree asked if a motion is in order? Mayor Merrill stated yes. On motion of Commissioner Dupree and second of Commissioner Pillot, it was moved to have the City Manager and City Attorney prepare a report for the Commission concerning the status of the law suit. Commissioner Patterson asked what is being requested? Commissioner Pillot stated that a brief memorandum concerning any proffer to resolve the issue is requested before the April 1st meeting. Mayor Merrill stated that the City Manager's recommendation could also be included in the memorandum; that no support was forthcoming from the Commission previously for a workshop; that his position is that a workshop should not be held unless the parties' position has changed. Commissioner Pillot stated that he agrees. Mayor Merrill called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Pillot, yes; Merrill, yes. VICE MAYOR CARDAMONE: A. stated that Commission support for pursuing the possibility of purchasing the property at 2440 South Osprey Avenue for a park is requested; that the property is currently occupied and could be until 1999; that the property may be available for purchase in the event the owner relocates sooner; that no small park facilities are available west of the Tamiami Trail and south of Laurel Park to the City limits; that a playground-type park is envisioned while retaining the historic building as a community meeting building for neighborhoods in the area which currently have no place to meet; that neighborhood help to fix up the property could be solicited. Mayor Merrill stated that, hearing no objections, the issue is referred to the City Manager. B. stated that a picture of a painted storeback in Reno, Nevada, was received; that the suggestion is to do something similar in Sarasota on those buildings whose backs face the City Hall parking lot and behind the Golden Apple Theater; that the Ringling School of Art and Design could become involved in such a project; that the suggestion is to refer the project to the Administration and the Public Art Committee. Mayor Merrill stated that, hearing no objections, the project is referred to the City Manager for consideration by the Public Art Committee. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #5 (0893) through (0905) Book 39 Page 12964 03/18/96 6:00 P.M. Book 39 Page 12965 03/18/96 6:00 P.M. CITY AUDITOR AND CLERK ROBINSON: A. stated that a workshop is being held from 3:00 to 5:00 p.m. on Tuesday, March 19, 1996, for a presentation by the City's graphics quality team to be followed by the topic of pay for performance. B. stated that an out-of-the-sunshine meeting concerning negotiations with the Police Benevolent Association (PBA) is being held on Tuesday, March 19, 1995, beginning at 5:00 p.m. to last approximately one hour. 22. ADJOURN (AGENDA ITEM XII) #5 (0912) There being no further business, Mayor Merrill adjourned the regular meeting of March 18, 1996, at 12:12 a.m. DAVID MERRILL, MAYOR ATTEST: IirlyE elersos BILLY EPROBINSON, CITY AUDITOR AND CLERK