MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 6, 1997, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Commissioners Jerome Dupree, and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Vice Mayor Gene Pillot and Commissioner Nora Patterson PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:05 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0031) through (0055) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under New Business, Item No. VIII-1, Approval Re: Request (1) for $10,000 in CDBG funds to pay for expenses associated with the application to the State of Florida for tax credits to rehabilitate the Maple Manor Apartment Complex located at Dr. Martin Luther King, Jr. Way and Maple Avenue; and (2) to borrow $190,000 in CDBG funds to acquire the property per the request of Donald Hadsell, Director of Housing and Community Development B. Add to Board Appointments, Item No. IX-2, Appointment Re: Civil Service/General Personnel Board. On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (3 to 0): Dupree, yes; Merrill, yes; Cardamone, yes. 2. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF DECEMBER 16, 1996 - APPROVED (AGENDA ITEM I) #1 (0060) through (0063) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the regular City Commission meeting of December 16, 1996, are approved by unanimous consent. Book 41 Page 13996 01/06/97 6:00 P.M. Book 41 Page 13997 01/06/97 6:00 P.M. 3. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF DECEMBER 4, 1996 - DIRECTED AN ORDINANCE FOR 96-SV-02 BE PREPARED AND SET FOR PUBLIC HEARING (AGENDA ITEM II-1) #1 (0063) through (0104) 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 meeting of December 4, 1996: Petition No. 96-SV-05 Mr. Lindsay stated that this is a request to vacate an unopened, unimproved alley right-of-way (10 feet in width by 190 feet in length) abutting the north property line of Lots 11 and 12, Gillespie Park Subdivision; that the PBLP recommends approval of proposed Petition No. 96-SV-05 pursuant to Section 30-82 of the Sarasota City Code based upon a finding that the closing or discontinuing of the public alley is in the best interest of the city and the public as determined by the evidence of record, which indicates the alley has no public value. City Manager Sollenberger stated that the Administration recommends preparing and setting an ordinance for public hearing. On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to direct an ordinance for Street Vacation Petition No. 96-SV-05 be prepared and set for public hearing. Motion carried unanimously (3 to 0): Dupree, yes; Merrill, yes; Cardamone, yes. 4. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 - APPROVED (AGENDA ITEM III-A) #1 (0109) through (0125) 1. Approval Re: Award a purchase order contract to BOS System, Inc., Largo, Florida (Bid #97-11) in the amount of $20,890, for re-roofing the Wastewater Treatment Plant Bid #97-11 2. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute a contract to Precision Control Instruments, Inc., Jacksonville, Florida (RFP #97-6) to provide technical services and supply hardware/software necessary to furnish the City with a new computer operator interface system for the compost sludge treatment system 3. Approval Re: Authorize the Mayor and the City Auditor and Clerk execute the second extension of the First Amendment to Minor League Baseball Facility Lease to allow the Sarasota Red Sox to remain at Ed Smith Stadium through the 1997 season 4. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Amendment to the Concession License at Bobby Jones Golf Complex between the City of Sarasota, and Robert L. Nani and Lawrence A. Beane for the Tavern on the Green On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to approve Consent Agenda No. 1, Items 1 through 4, inclusive. Motion carried unanimously (3 to 0): Dupree, yes; Merrill, yes; Cardamone, yes. 5. CONSENT AGENDA NO. 2: ITEM 1 (ORDINANCE NO. 97-3979)- ADOPTED; ITEM 2 (ORDINANCE NO. 97-3981) - ADOPTED; ITEM 3 (ORDINANCE NO. 97-3982) - ADOPTED (AGENDA ITEM III-B) #1 (0127) through (0200) City Auditor and Clerk Robinson read proposed Ordinance Nos. 97- 3979, 97-3981, and 97-3982 by title only. 1. Adoption Re: Second reading of proposed Ordinance No. 97-3979, to conditionally rezone from RMF-5 Zone District to CRT Zone District and to approve Final Development Plan 97-DPR-06 to allow the remodeling of an existing structure for residential and office/professional use on real property located on the southeast corner of Cocoanut Avenue and 4th Street, with a street address of 332 Cocoanut Avenue, Sarasota, Florida; more particularly described herein; etc. (Title Only) (Petition No. 96-CO-06 and Development Plan 96-DPR-06, Petitioners Laara K. Londir & Jung S. O'Casio) 2. Adoption Re: Second reading of proposed Ordinance No. 97-3981, amending Article VI, District-Regulations Generally, of the Zoning Code pertaining to the ranking of Zone Districts by intensity; amending Section 6-29, Zoning Code to add the North Trail (NT) Zone District and the Commercial Business-Newtown (CBN) Zone District to the ranking of Zone Districts utilized to determine whether a petition to rezone property is to an equal or less intensive zone district; setting forth findings; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 3. Adoption Re: Second reading of proposed Ordinance No. 97-3982, amending Article VIII, Division 27 of the Zoning Code pertaining to the District Regulations for Book 41 Page 13998 01/06/97 6:00 P.M. Book 41 Page 13999 01/06/97 6:00 P.M. the Commercial Business-Newtown (CBN) Zone District; deleting restrictions on the hours of operation for permitted principal uses and structures and for uses permissible by special exception; amending the permitted principal uses and structures to allow existing residential dwelling units without the requirement they be located above the first floor of a structure; revising the minimum yard requirements; setting forth findings; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) On motion of Commissioner Dupree and second of Commissioner Merrill, it was moved to adopt Consent Agenda No. 2, Items 1 through 3, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Cardamone, yes; Dupree, yes; Merrill, yes. Mayor Cardamone stated that Vice Mayor Pillot is on vacation out of town; that Commissioner Patterson was expected to attend the meeting but has been delayed in Tallahassee. Mayor Cardamone 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. 6. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3980, TO REZONE FROM RMF-1 ZONE DISTRICT TO THE GOVERNMENTAL (G) ZONE DISTRICT THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KEN THOMPSON PARK (FORMERLY KNOWN AS CITY ISLAND) AS REQUESTED BY THE CITY OF SARASOTA IN REZONING APPLICATION 97-RE-01; SAID REAL PROPERTY LYING AT THE NORTHEASTERLY END OF THE ISLAND; RADIO STATION WSPB CURRENTLY LEASES A PORTION OF THE PROPERTY INCLUDED IN THE PROPOSED REZONING WITH A STREET ADDRESS OF 1713 KEN THOMPSON PARKWAY, SARASOTA, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0202) through (0311) Michael Taylor, Deputy Director of Planning and Development, came before the Commission and stated that proposed Ordinance No. 97- 3980 rezones from the Residential, Multiple-Family (RMF-1) Zone District to the Governmental Use (G) Zone District property located in Ken Thompson Park near 1713 Ken Thompson Parkway; that the property is owned by the City of Sarasota and is approximately 1.05 acres in size; that Radio Station WSPB has been located on the site for many years; that the special exception request granted to the Sailing Squadron on. November 18, 1996, for use of a portion of the property is subject to approval of a rezoning to the "G" Zone District; that the Planning Board/Local Planning Agency (PBLP) found the proposed rezoning consistent with the Sarasota City Plan and unanimously recommended approval to the Commission. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. city Auditor and Clerk Robinson read proposed Ordinance No. 97-3980 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-3980 on first reading. On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to pass proposed Ordinance No. 97-3980 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (3 to 0): Dupree, yes; Merrill, yes; Cardamone, yes. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-3983, PERTAINING TO THE EXPIRATION OF PERMITS TO ALLOW VACANT PARCELS OF LAND TO BE UTILIZED AS TEMPORARY VEHICULAR PARKING AREAS AS SET FORTH IN SECTION 12-6, ZONING CODE; PROVIDING FOR A STAY OF THE EXPIRATION OF TEMPORARY VEHICULAR PARKING PERMITS ISSUED BY THE CITY MANAGER OR HIS DESIGNEE PURSUANT TO SECTION 12-6, ZONING CODE; IMPLEMENTING THE STAY FROM THE EFFECTIVE DATE OF THIS ORDINANCE TO THE EFFECTIVE DATE OF AMENDMENTS TO THE COMPREHENSIVE PLAN PERTAINING TO SUCH VACANT PARCELS WHICH MAY BE CONSIDERED BY THE CITY COMMISSION AND SUBSEQUENT REZONING OF THE REAL PROPERTY, IF ANY, TO WHICH THE TEMPORARY VEHICULAR PARKING PERMITS APPLY: SETTING FORTH FINDINGS AS TO NEED FOR AND PUBLIC PURPOSE SERVED BY SUCH A STAY; REPEALING ORDINANCES IN CONFLICT: ETC. (TITLE ONLY) - NO ACTION (AGENDA ITEM IV-2) #1 (0318) through #2 (0550) City Attorney Taylor stated that proposed Ordinance No. 97-3983 was prepared as directed by the Commission in response to a request received at the December 16, 1996, regular Commission meeting regarding Zoning Code Section 12-6(b), which authorizes the city Manager to issue temporary parking permits for an initial term of 180 days but provides for only one renewal of the permit not to exceed 180 days; that a presentation previously received by the Commission referenced two temporary parking permits issued by the City Manager, which expired in December 1996, and the property owner's inability to proceed with the Book 41 Page 14000 01/06/97 6:00 P.M. Book 41 Page 14001 01/06/97 6:00 P.M. necessary processes required to rezone the property because of the Commission's decision to delay processing Comprehensive Plan amendments until the Land Development Regulations (LDRs) Update is completed; that the Commission was requested to initiate a stay of expiration on the temporary parking permit until a Comprehensive Plan amendment to create an Impact Management Area (IMA) could be processed; that proposed Ordinance No. 97-3983 does not repeal or change Section 12-6(b) but places a stay on the expiration of any temporary parking permits issued to date until one of the following occurs: a) a Comprehensive Plan amendment with subsequent rezoning is approved, eliminating the need for a temporary parking permit; or b). a request for favorable consideration of an ordinance to, amend the Comprehensive Plan or to rezone the vacant parcel for which the temporary parking permit was issued is denied. Mayor Cardamone opened the public hearing. The following people came before the Commission: Katherine Herron, 640 Bowman Court (34237), stated that she is a property owner who has resided adjacent to the Ford automobile dealership since August 1983; that she had an amicable relationship with Pelican Ford, who made an effort to work with the . neighborhood and resolve complaints; however, the number and types of problems have escalated since the dealership became Sarasota Ford; that the increased noise level, intrusive parking lot lights, speeding test vehicles, excessive traffic, and litter coming from the dealership are not conducive to residential living; that the direction of the lighting creates a glare which makes driving on Payne Parkway hazardous; that the adverse effects are reducing property values in the neighborhood; that Sarasota Ford representatives have lied about the sale of surrounding church property to the dealership in an. effort to acquirè her property. Commissioner Merrill asked for clarification of the noise referenced. Ms. Herron stated that the noise emanates from the public address (P/A) system, which was playing loud rock-n-roll music at 7:45 a.m. Christmas morning, and from large transport trucks, which have parked and unloaded vehicles in front and to the side of her residence at 2 a.m., 4 a.m., etc. Commissioner Merrill asked if the noise is emanating from the parking area section of the dealership? Ms. Herron stated that she is not sure; however, the volume on the P/A system may have increased to enable paging of employees in the parking area; that the lighting, which faces north, is located on the southerly portion of the parcel. Commissioner Merrill asked if the Administration was aware of the lighting and noise issues raised? city Manager Sollenberger stated that Code Enforcement has responded to complaints regarding the lighting; however, he was not aware of the specific complaint raised by Ms. Herron; that Code Enforcement has addressed the noise issue with Sarasota Ford in the past; however, based on Ms. Herron's statements, those code enforcement efforts apparently have not been effective. Ms. Herron stated that the City and Sarasota Ford were contacted regarding her complaints. Mayor Cardamone requested that Staff display a map on the overhead projector to assist the Commission in identifying the properties Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission, displayed a street outline of the area on the Commission table, and stated that a map on a transparency is being prepared by Michael Taylor, Deputy Director of Planning and Development, and will be displayed once completed. David Karins, 629 Payne Parkway (34237), stated that the historic Payne Parkway Subdivision was founded in 1929; that his property was purchased when the dealership was Pelican Ford; that a City workshop was attended where the zoning of the neighborhood was confirmed as residential and where no plans existed for the rezoning of the neighborhood to a Commercial, Intensive (CI) Zone District; that the dealership was subsequently purchased by Vern Buchanan and renamed Sarasota Ford; that Sarasota Ford purchased several lots on Payne Parkway across from his residence; that the purchased properties are in Residential, Multiple-Family (RMF) and Commercial, General (CG) Zone Districts, which prohibit the sale of vehicles; that the City and the dealership colluded to establish a truck sales lot by demolishing homes, buildings, trees, etc., and by granting permission for Sarasota Ford to violate the law under the guise of a temporary parking permit, which was drafted before the property was cleared and vacant; that the permit was issued under an obsolete provision of the Zoning Code which was intended to allow businesses time to conform with the off-street parking requirements passed in 1977 and was not intended as a mechanism to bypass the requirements for rezoning property under the Zoning Code; that a request was made for the city to enforce the law and the terms of the temporary parking permit; that assistance from the City was not received; therefore, a lawsuit against Sarasota Ford was filed to protect his property rights. Book 41 Page 14002 01/06/97 6:00 P.M. Book 41 Page 14003 01/06/97 6:00 P.M. Mr. Karins continued that Section 12-6(b) requires that an applicant submit a plan which will permanently solve the parking problem within the renewal period before a renewal of the permit can be issued; that this requirement was not met; that the plan submitted by Sarasota Ford included the purchase of his property, his neighbors' properties, and several new buildings as part of the expanded dealership, unquestionably, not achievable during the renewal period; that although Mr. Litchet recommended rejection, City Manager Sollenberger issued the renewal permit. Mr. Karins distributed to the Commission and submitted for the record a packet entitled "Competent and Substantial Evidence for the Rejection of Proposed City Ordinance No. 97-3983" which contained 12 photographs, the Temporary Vehicular Parking Permit issued to Sarasota 500, Inc., d/b/a Sarasota Ford, an exhibit depicting the Landscape Buffer Requirements for the temporary employee parking and vehicle storage area at Sarasota Ford, and the Renewal of Temporary Vehicular Parking Permit. Mr. Karins stated that the following evidence is submitted to support the current zoning designations and uphold the provisions of the Zoning Code: 1. Sarasota Ford did not comply with the provisions of the Temporary Vehicular Parking Permit. Mr. Karin stated that Section 4 of the permit, dealing with sales and delivery of vehicles to the property, was and continues to be routinely violated openly and notoriously, which is visible in the submitted photographs; that vehicles were shown and sold on the property; that sales materials were placed on the vehicles; that delivery of new vehicles from transport trucks occurred; that a salesman was gathering information from the owner of a potential trade-in vehicle parked on the grass along. Payne Parkway at 5 p.m. this evening; that Section 5, dealing with landscaping, was and continues to be violated; that the landscaping does not conform with the Landscape Buffér Requirement exhibit submitted; that the hedge is not 80% opaque or 6 feet wide, and trees were not planted along South Payne Parkway, which is visible in the submitted photographs; that Section 9 requires the immediate termination of the parking on the property upon the expiration of the permit; that the permit has expired, but the vehicles remain on the property. -2. Sarasota Ford did not comply with the provisions of the Renewal Temporary Vehicular Parking Permit. Mr. Karins stated that the city and the permittee agreed by contract and in bold print that the renewal permit cannot be extended; that Sections 4, 8, and 9 of the renewal, which deal with the items discussed regarding the original permit, continue to be routinely violated. 3. Sarasota Ford openly and notoriously violates the Zoning Code of the city of Sarasota. Mr. Karins stated that the dealership has installed stadium-style lighting in violation of Section 10-10, Zoning Code, and which illuminatés the Payne Park Subdivision similar to a football field; that the brightness of the lights when illuminated prohibited the taking of a recognizable photograph for submittal; that the dealership uses a loud-speaker paging system and engages in other noise-producing activities which result in noise levels well in excess of the limits prescribed by Section 10-3; that the dealership does not have the customer and employee parking spaces required by Articles XII and VIII of the Zoning Code, resulting in the use of adjacent public streets for employee and customer parking; that the violations are clearly visible in the submitted photographs. Mr. Karins continued that the individual Commissioners campaigned promising protection of City neighborhoods from incompatible intrusion; that the facts submitted are indisputable; that the evidence is competent and substantial; that proposed Ordinance No. 97-3983 should be rejected. Mr. Karins further stated that the success and expansion of Sarasota Ford is not opposed; however, creating a substantial and unduly burden on the neighborhood is opposed; that he, most certainly, is opposed to breaking the law, especially, when such action is assisted by elected officials. Commissioner Merrill referred to a photograph depicting a vehicle transport truck on South Payne Parkway; and asked the location at which Pelican Ford off-loaded vehicles? Mr. Karins stated that Pelican Ford, which had occasionally off- loaded vehicles on South Payne Parkway, stopped the activity upon request; that Pelican Ford's loud speaker system was not nearly as intrusive as that of Sarasota Ford; that the volume has more than tripled; that numerous complaints have been made to Code Enforcement regarding Sarasota Ford; that a letter was written to Sarasota Ford requesting compliance with the law; that Sarasota Ford is attempting to force his family to sell by making their lives miserable. Commissioner Merrill asked if "No Parking" signs are posted on Payne Parkway? Mr. Karins stated no; that residents should be entitled to park on the residential streets; however, marking spaces as "customer parking only" on the public right-of-way on South Payne Parkway adjacent to Sarasota Ford's primary property should not be permitted. Book 41 Page 14004 01/06/97 6:00 P.M. Book 41 Page 14005 01/06/97 6:00 P.M. Commissioner Merrill asked if Mr. and Mrs. Karins are negotiating or have ever been in negotiations regarding the sale of their residential property to Sarasota Ford? Mr. Karins stated no; that Sarasota Ford has never tendered an offer to purchase the property. Commissioner Merrill asked if the Karins offered to sell their property to Sarasota Ford? Mr. Karins stated that Sarasota Ford was informed a significant incentive would be required for them to cooperate and allow Sarasota Ford to continue breaking the law. Commissioner Merrill asked the number of residential homes located in the neighborhood? Mr. Karins stated that seven homes are located in the area zoned residential; that the Payne Park Subdivision includes additional homes located on Oak Street. Commissioner Merrill asked the zoning designation on Payne Parkway north of Laurel Street? Mr. Karins stated that the question is irrelevant; that north of Oak Street is residential followed by a park and then tennis courts; that the Sarasota Mobile Home Park was also intended as a park. Mayor Cardamone stated that the park referenced is utilized by the First Presbyterian Church for additional parking. Commissioner Merrill asked if office uses are located on Payne Parkway north of Laurel Street up to Morrill Street. Mr. Karins stated that the location of businesses on Payne Parkway north of Laurel Street are irrelevant; that the problems facing the neighborhood could be resolved by Sarasota Ford's abiding the law and the Commission's rejecting the proposed ordinance. Mayor Cardamone stated that a letter previously received from Mr. Karins indicates a ridiculous offer made by Sarasota Ford was rejected. Mr. Karins stated that Sarasota Ford did not make a realistic offer but falsely implied that the Church had offered to sell adjacent property of similar size for $42,000; that his property was purchased for $120,000. Mr. Karins cited the following from the letter addressed to Mayor Cardamone: First, Sarasota Ford most certainly has not tendered a realistic offer to purchase our home, we invested over $120,000 in our home. Sarasota Ford made a ridiculous off-the-cuff mention of a figure in the neighborhood of $42,000, not a real offer to purchase our property. Because you know that, we are sure Sarasota Ford has told you about our counteroffer in the neighborhood of $250,000. Mr. Karins stated that an offer was never made by Sarasota Ford; therefore, use of the term "counteroffer" was inappropriate; that the high figure of $250,000 was referenced intentionally during a discussion with Sarasota Ford in February 1996 because he does not want to move; that the figure was used to inform Sarasota Ford that a significant incentive would be necessary to change his mind. Joel Freedman, AICP, Vice President, Bishop and Associates. representing Sarasota Ford, stated that Sarasota Ford obviously has an interest in the proposed ordinance; that the City's moratorium on Comprehensive Plan amendments has hindered Sarasota Ford's intention, hopefully, to resolve the problems referenced; that the last plan submitted to the City regarding the property on which a temporary parking permit had been granted did not include the Karins' property but showed buffers along Payne Parkway, walls, and various other mitigation factors; that the proposed ordinance would provide a temporary stay on the expiration of the permit awaiting an opportunity for Sarasota Ford to participate in the Comprehensive Plan Update and a subsequent rezoning process; that the vehicles would be removed if Sarasota Ford is unable to satisfy the neighborhood or the Commission regarding mitigation of the impacts from the dealership during the Comprehensive Plan Amendment or Rezoning processes. Mr. Freedman continued that the Karins were in negotiations with Sarasota Ford for settlement of their nuisance complaints; that the attorney for Sarasota Ford indicated a settlement offer has been forwarded to the attorney for the Karins but has not been signed; that the settlement offer includes redirecting the lights and lowering the paging system volume; that transport trucks currently off-load vehicles at a parcel purchased on School Avenue; that Sarasota Ford is a major employer in the area and is attempting to be a good neighbor. Mr. Freedman further stated that adoption of proposed Ordinance No. 97-3983 is requested to allow Sarasota Ford to continue operations and continue with the Comprehensive Plan Amendment and subsequent Rezoning processesi that the neighborhood's concerns have been noted; that an attempt will be made to determine why the complaints have not been addressed. Book 41 Page 14006 01/06/97 6:00 P.M. Book 41 Page 14007 01/06/97 6:00 P.M. Commissioner Merrill asked if Sarasota Ford would be willing to redirect the lighting to face down if the proposed ordinance is passed? Mr. Freedman stated yes; that redirecting and redesigning the lights is part of the settlement offer submitted to the Karins. Commissioner Merrill asked if Sarasota Ford would be amenable to financing the installation of traffic abatement measures to deter test driving of vehicles on South Payne Parkway? Mr. Freedman stated that traffic abatement measures could be negotiated; that Sarasota Ford wants to be a good neighbor. Commissioner Merrill asked if Sarasota Ford would be amenable to a posting of "No Trucks" on South Payne Parkway? Mr. Freedman stated yes; that vehicles are no longer off-loaded in the area surrounding Sarasota Ford; that the vehicles are off- loaded at property on School Avenue and driven to the dealership. Mayor Cardamone asked if the vehicles are off-loaded at the property on which detailing of Sarasota Ford's vehicles is performed? Mr. Freedman stated that is correct. Mayor Cardamone stated that a solid wall adjacent to Payne Parkway would reduce some of the adverse impacts; and asked if the entrance to the dealership from Payne Parkway is necessary? Mr. Freedman stated that a solid wall could create a problem as a major entrance is currently located on South Payne Parkway. Commissioner Merrill asked if the entrance is located on Payne Parkway or South Payne Parkway? Mayor Cardamone stated that properly referencing the area is difficult based on the display provided by Staff. Mr. Freedman identified the two driveways located on South Payne Parkway. Mayor Cardamone stated that the photographs submitted by Mr. Karins show noncompliance with the provisions which were placed in the Temporary Vehicular Parking Permit to protect the neighborhood; that showing of vehicles on the property is depicted; that landscaping in strict conformance with the attached drawing was required; that she has driven through. the subject area; that the landscaping around the subject property is lacking. Mr. Freedman stated that the date of the photographs is not known;. that the landscaping did not fill out as intended; that, originally, Sarasota Ford was not aware sales could not be conducted on the subject property. Mayor Cardamone stated that the delivery of vehicles on the subject property, which was prohibited under the permit, was corrected only recently; that Sarasota Ford has not acted in a neighborly fashion. Mayor Cardamone cited the following from the letter received from Mr. Karins: St. Petersburg was faced with the same problem along Tyrone Boulevard. The appropriate and reasonable solution was to allow the rezoning with the condition that a suitable buffer consisting of a 6- to 8-foot-high decorative wall be installed and maintained by the business requesting the zoning change. If designed properly, this might be perfectly acceptable to us. Perhaps, in exchange for vacating a portion of South Payne Parkway and giving the dealership the land and rights-of-way, this decorative wall can be required. Mayor Cardamone stated that Sarasota Ford will own the entire block from Oak Street to Payne Parkway once the purchase of property on the corner of U.S. 301 and Oak Street is complete. Mr. Freedman stated that Sarasota Ford would be in agreement with the concepts referenced, which could be addressed during the rezoning process. Mayor Cardamone asked if construction of a decorative wall could begin tomorrow morning? Mr. Freedman stated that installing a wall would require a major expenditure for a temporary situation; that a wooden fence may be more feasible until the final issues are resolved pertaining to the rezoning. Mayor Cardamone stated that relatively inexpensive, styrofoam- stucco walls are available. Commissioner Merrill stated that a decorative, 6-foot-high, styrofoam-stucco wall could be installed for approximately $4,000; that a neighbor has indicated such a wall may be an acceptable buffer. Mr. Freedman stated that Vern Buchanan, Owner, Sarasota Ford, will be contacted; that a response can be provided after the remaining speakers come before the Commission. Book 41 Page 14008 01/06/97 6:00 P.M. Book 41 Page 14009 01/06/97 6:00 P.M. Chris Jaensch, 549 South Palm Avenue #2 (34236), stated that he resided with the Karins. on Payne Parkway until recently; that leasing one of the rental properties in the immediate area instead of moving to another area of the city may have been considered if the problems with Sarasota Ford did not exist; that the Commission has made a number of difficult decisions over the past year on issues, i.e., the South Sarasota Traffic Abatement Plan and Autohaus Kolar; that the Commission has developed sensible solutions to deal with controversial issues; that encouraging the expansion of one of the largest employers in Sarasota may seem sensible; however, the proposed ordinance is not sensible; that passing the proposed ordinance will give citizens the impression that the Commission: 1) is more concerned about bigger business at the expense of smaller property owners, 2) is willing to give extraordinary favors to known, admitted violators of the Zoning Code, and 3) has already pre-decided the outcome of the rezoning process pertaining to the subject property. Mayor Cardamone asked the zoning designation on the block occupied by Sarasota Ford. Mr. Taylor stated that the property north of South Payne Parkway to Payne Parkway is zoned CG; that his recollection is that the property with trontage on U.S. 301 is zoned CI. Mayor Cardamone requested that a zoning map be prepared and displayed and an accurate response regarding the zoning of the parcels be presented. Peter Theisen, 2155 Wood Street (34237), stated that he is a member on the Board of Directors for the Wood Street Condominium; that Wood Street residents are experiencing negative impacts from Sarasota Ford similar to those referenced by Payne Parkway residents; that mechanics testing vehicles on East Avenue speed past the office park driveway and the driveway into the Wood Street Condominium, creating the potential for collisions with vehicles exiting those driveways; that noise from power tools, i.e., air chisels, operated at the body shop and detail shop are heard 24 hours per day, at times; that an industrial use not a service business is being operated; that transport trucks have continued to off-load vehicles on East Avenue since Sarasota Ford purchased the parcel on School Avenue; that the drivers leave the transport trucks, with two diesel engines, running continuously slamming the ramps as the vehicles are off-loaded, then drive away from the gate at Sarasota Ford at full throttle at 2 a.m.; that the noise negatively impacts the, condominium residents. Mr. Theisen continued that Sarasota Ford conducts sales events at the Sarasota Fairgrounds routinely on weekends; that the drivers returning the vehicles to Sarasota Ford speed excessively and do not observe the STOP sign or motorists attempting to exit the Wood Street Condominium; that the P/A system, with an annoying female voice making announcements or music playing at all hours, is louder than the P/A system at Sarasota High School; that trash continuously blows from Sarasota Ford onto the condominium property; that the noise from power tools and blaring music stops when the police respond to noise complaints but continues after the police leave; that promises to address the situation made by Sarasota Ford representatives are not kept. Mr. Taylor displayed a zoning map of the area. Mr. Theisen stated that drastic changes are necessary; that the gate onto East Avenue, the body shop, and the detail shop should be closed; that Sarasota Ford should convert the P/A system to an alpha-paging system; that the proposed ordinance should not be approved. Commissioner Merrill asked if alpha-paging systems are used at other dealerships? Mr. Theisen stated that Sarasota Ford can afford to implement an on-site or across-town satellite system which would allow alpha paging to belt beepers; that technology has made many new alternatives available. Commissioner Merrill asked if the gate referenced was utilized regularly by Pelican Ford? Mr. Theisen stated that the gate was closed and used only occasionally by Pelican Ford; however, Sarasota Ford utilizes the gate daily as a service entrance; that the entrance off of East Avenue is not compatible with the surrounding residential uses. Mr. Theisen continued that Sarasota Ford previously parked numerous vehicles on the railroad right-of-way located between the Wood Street Condominiums and the Sarasota Mobile Home Park, an activity which he assumes would begin again if the Commission approves the proposed ordinance; that the neighborhood would be subject to the noise generated by the transport trucks or to the speeding, traffic, and accident potential associated with drivers transporting and filling the property with approximately 500 vehicles. City Manager Sollenberger stated that in response to complaints received regarding the parking of vehicles on the property referred to as the railroad right-of-way, the city notified Sarasota Ford to cease the activity; that the vehicles were removed last summeri that the City blockaded both entrances to prevent future use of the property. Donna Partridge, 2036 Oak Street (34237), stated that she is a 23-year resident who reiterates the statements made by previous speakers; that the neighborhood is a lovely place to live; that Book 41 Page 14010 01/06/97 6:00 P.M. Book 41 Page 14011 01/06/97 6:00 P.M. Oak Street is one of the last remaining, wide, red brick streets in Sarasota; that the brick street, which is in good condition, should be preserved; that the deterioration on the portion of Oak Street which intersects with Payne Parkway can be attributed to the semi-tractor trailers which have driven on the street to access the dealership. Mayor Cardamone asked Ms. Partridge to identify the residential properties in the neighborhood on the street outline provided to the Commission. Ms. Partridge identified the individual properties owned by Ms. Herron, the First Presbyterian Church, and a group of church members who intend to sell their property to the Church; and stated that only three homeowners actually reside on Oak Street. Patricia Post, 2155 Wood Street A-15 (34237), presented for viewing by the Commission, photographs which were taken between November 1995 and April 1996 depicting transport trucks off- loading vehicles and other activities associated with the Sarasota Ford operation; and stated that the noise emanating from Sarasota Ford prevents residents from listening to television during daytime and evening hours; that the driveway to the Wood Street Condominiums has been blocked by vehicles from Sarasota Ford, which would prevent access to the condominium by emergency vehicles if necessary; that vehicles from Sarasota Ford enter the one-way driveway the wrong way and speed through the condominium complex; that approximately one year ago, she and James Mattingly, the president of the Wood Street Condominium Association, met with an executive at Sarasota Ford and expressed concerns regarding personnel vehicles parked adjacent to the condominium in areas posted "No Parking" and the noise impacts from the body shop; that the executive indicated the owner of Sarasota Ford would be disturbed, apologized, and indicated the issues raised would be. corrected immediately; that no improvement occurred; that East Avenue is utilized as a speedway to test drive vehicles; that music blares constantly; that promises made by Sarasota Ford representatives are continuously broken. Mayor Cardamone asked if vehicle transport trucks have been viewed in the area recently? Ms. Partridge stated no; however, large semi-tractor trailers have been viewed. Commissioner Merrill asked if Pelican Ford utilized the East Avenue gate for body shop deliveries? Ms. Partridge stated that large semi-tractor trailers were viewed occasionally when the dealership was operated as Pelican Ford; however, the traffic has increased under the Sarasota Ford operation. Mayor Cardamone stated that the problems referenced regarding Sarasota Ford did not exist to the same extent when the dealership was Pelican Ford. Ms. Partridge stated that is correct. Commissioner Dupree asked if Pelican Ford was more cooperative? Ms. Partridge stated yes. James Mattingly, 2155 Wood Street (34237), stated that he is a nine-year resident of Wood Street and reiterates the statements made by previous speakers; that the Wood Street Condominium has 50 units; that the concrete posts separating the City-owned property from Sarasota Ford (railroad right-of-way) were removed when the dealership began using the property to park vehicles; that the vehicles have since been removed but the concrete posts have not been replaced; that the "No Parking" signs posted adjacent to the Wood Street Condominium are being ignored. Victoria Karins, 629 Payne Parkway (34232), stated that the Commission's concern for residential property owners should be enough to convince the Commission to reject proposed Ordinance No. 97-3983; however, the ordinance can be legally challenged if passed; that the proposed ordinance violates the following City and State laws as well as the Constitution of the United States and the State of Florida: 1. The proposed ordinance violates Section 4, Sarasota Zoning Code. Mrs. Karins stated that Section 4 imposes a number of procedures for amending the Zoning Code; that the proposed ordinance is a de facto amendment to the Zoning Code by effectively permitting a continued commercial use for residential property in excess of one year, which is specifically prohibited by Section 12-6 of the Zoning Code; therefore, the city is required to follow Section 4 procedural requirements, which has not occurred. 2. The proposed ordinance violates Chapter 163, Florida Statutes. Mrs. Karins stated that Section 163 imposes procedures for rezoning property to comply with the comprehensive plan; that the proposed ordinance allows commercial activity on residential property for an undetermined period of time; thereby, effectively rezoning the property; that accordingly, the City must follow Chapter 163 procedural rules, which has not occurred. 3. Passing the proposed ordinance violates Chapter 166, Florida Statutes, regarding "development agreements." Book 41 Page 14012 01/06/97 6:00 P.M. Book 41 Page 14013 01/06/97 6:00 P.M. Mrs. Karins stated that the Attorney General of Florida has held that amendments to municipal zoning codes or ordinances which have the effect of substantially changing existing uses or permitted activities in zone districts are development agreements subject to the procedural requirements of Chapter 166; that the proposed ordinance substantially changes permitted activity in a residentially zoned district; therefore, the City must follow the procedural requirements of Chapter 166, which has not occurred. Mrs. Karins continued that Chapter 166 also indicates that demolition permits incident to change of uses as well as the temporary parking permits, in this case, are development agreements for which procedural safeguards were required and which were not provided. 4. The proposed ordinance violates Article I, Section 10, Florida Constitution. Mrs. Karins stated that Article I, Section 10, states that the City may not pass a law which impairs the rights of an individual pursuant to an existing contract; that the City's contract with Sarasota Ford states that there are to be no extensions of the parking permit and that Sarasota Ford is to vacate the property upon expiration of the parking permit; that by negating Sarasota Ford's obligations under the contract, the city is impairing her rights as a third-party beneficiary and violating the Florida Constitution. 5. The proposed ordinance violates the Constitution of the United States. Mrs. Karins stated that the 14th Amendment requires that due process be provided before depriving anyone of their property rights; that zoning procedures are a result of the 14th Amendment; that the City is not following proper zoning procedures and is therefore violating the U.S. Constitution. Mrs. Karins stated that the grounds presented are a short list of the legal arguments available to the affected neighborhood if the proposed ordinance is passed; that an action may also be pursued under the Harris Act; that considering the potential liability of the City, the Commission is urged not to pass the proposed ordinance, which is in disregard of the procedures in place for the rezoning of property and in violation of local, State, and Constitutional law. Mrs. Karins continued that Sarasota Ford has misled neighbors and the City; that, hopefully, the Commission will not allow Sarasota Ford's misrepresentations to govern their actions. Edward Harding, 2155 Wood Street (34237), stated that he currently resides in a leased unit at the Wood Street Condominium that the condominium was rented with the intention for purchase; however, the noise impacts generated by Sarasota Ford have changed his mind. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. city Auditor and Clerk Robinson read proposed Ordinance No. 97-3983 by title only. city Manager Sollenberger stated that the Staff recommendation is to pass proposed Ordinance No. 97-3983 on first reading; however, comment by city Attorney Taylor regarding legal issues would be appropriate before a motion is considered by the Commission; that should the Commission decide to follow the Staff recommendation, the Administration recommends that between first and second readings Sarasota Ford be required to develop a plan to mitigate the issues raised by the adjacent neighborhoods. Mayor Cardamone asked if the Administration was aware the concrete posts had been removed from the City property adjacent to Sarasota Ford? city Manager Sollenberger stated no. Commissioner Merrill asked if the former railroad right-of-way is owned by the City or property which has been vacated into private ownership? City Manager Sollenberger stated that these issues will be researched and a report provided to the Commission. City Attorney Taylor stated that a number of legal issues have been raised; that one issue not raised is that the city has issued a temporary parking permit, providing certain rights to Sarasota Ford, and has also delayed the processing of Comprehensive Plan amendments as a result of the LDRS Update; that this action has prohibited the permittee from taking the steps necessary prior to the expiration of the permit and the extension of the permit to achieve the changes necessary; that realizing legal arguments exist as to equities on both sides of the issue, an attempt has been made to take a temporary action; that the proposed ordinance does not amend the Zoning Code so as to change the provision under Section 12-6(b) but preserves the status quo for a temporary period of time while the City completes the updating processes; that the City could be challenged on the basis referenced by Ms. Karins; however, he feels the City could justify the proposed temporary action which does not effectuate a permanent amendment to the Zoning Code. Book 41 Page 14014 01/06/97 6:00 P.M. Book 41 Page 14015 01/06/97 6:00 P.M. Mayor Cardamone requested the timeline associated with the issuance of the temporary parking permit and the Commission's decision to delay processing of Comprehensive Plan amendments. Mr. Taylor stated that the original date of issuance for the temporary parking permit is not known; that transmittal to the State of an updated Comprehensive Plan is anticipated by January 1998 with adoption by the City Commission to occur within the following six months; that an updated Comprehensive Plan for the City of Sarasota should be adopted within 18 months. Mayor Cardamone stated that the stay of expiration would be in effect for approximately 18 months until an updated Comprehensive Plan is adopted after which the dealership could file for a rezoning. Mr. Taylor stated that is correct; however, the zoning regulations would have to permit the use requested by the property owner; that amending the CG Zone District to permit vehicle sales is proposed in the LDRs Update, which could be adopted by an earlier date; however, the LDRs Update is being completed in phases. Mayor Cardamone asked if vehicle sales are permitted on the commercially zoned property fronting U.S. 301? Mr. Taylor stated that the half-block properties owned by Sarasota Ford are in the CG Zone District, which does not currently permit the sale of vehicles; that the proposed amendments to the LDRS contemplate allowing vehicle sales in the CG Zone District, subject to Commission concurrence. Mayor Cardamone stated that Sarasota Ford currently cannot use any part of the half-block property for the sale of vehicles. Mr. Taylor stated that is correct; that the property cannot legally be used for that purpose. Mr. Taylor continued that the Commission's decision on permitting vehicle sales in the CG Zone District may be delayed until phase two of the LDRs Update; that the need for additional criteria for development of properties on which vehicle sales will occur was raised as an issue at the December 9, 1996, workshop regarding the LDRS. Mayor Cardamone asked the uses currently permitted on the property zoned CG. Mr. Taylor stated that the CG Zone District currently permits a wide range of commercial, retail, and office uses but does not permit vehicle sales. Commissioner Merrill stated that the comments heard regarding the noise impacts generated by the body shop at Sarasota Ford raises concern with allowing vehicle sales in the CG Zone District adjacent to residential areas; that such a commercial use may not be compatible; that enforcing regulations imposed in an attempt to make incompatible uses compatible is difficult. Mr. Taylor stated that vehicle sales, automotive repair shops, and auto body shops are referenced as different uses under the proposed regulations for the CG Zone District; that the differentiation of uses will allow the City to prohibit certain uses in a CG Zone District, yet allow vehicle sales. Mayor Cardamone asked if vehicle storage is permitted in the CG Zone District? Mr. Litchet stated that the front (U.S. 301) portion of the property for which a temporary parking permit was issued is zoned CG; that the rear portion of the property is zoned RMF; that vehicles sales are not permitted in either the CG or RMF Zone Districts; that based on his interpretation, neither zone district allows for the storage of vehicles; that Section 8- 77(c), Zoning Code, prohibits warehousing or storage in the CG Zone District, except in connection with a permitted or permissible use; therefore, the CG portion of the property could be used as an employee parking lot if brought up to standards, paved, and landscaped properly; however, the RMF-zoned property could not be used as a parking lot. Mayor Cardamone asked if the CG-zoned portion of the property fronting U.S. 301 could be used for vehicle display? Mr. Litchet stated no. Commissioner Dupree stated that numerous, negative impacts resulting from the operations at Sarasota Ford have been heard; that speakers referenced closing specific entrances, closing the body and detailing shops, and replacing the P/A system with an alpha-paging system to bring Sarasota Ford into compliance with Zoning Code regulations. Mr. Litchet stated that the majority of the Sarasota Ford dealership is located in the CI Zone District, which permits vehicle sales, auto body work, etc.; that the operations currently occurring on the CI-zoned property are legal; however, the City Code prohibits the use of loud speaker systems and power tools, except within a completely enclosed building which will contain the sound, between the hours of 10 p.m. and 7 a.m. Mayor Cardamone requested a summary of complaints and violations the City has recorded regarding Sarasota Ford. Book 41 Page 14016 01/06/97 6:00 P.M. Book 41 Page 14017 01/06/97 6:00 P.M. Mr. Litchet stated that a history of complaints existed prior to issuance of the original temporary parking permit; that complaints regarding the parking of vehicles on landscaped areas, parking of transport trucks and the loading and off-loading of vehicles on neighborhood streets were addressed with Sarasota Ford; that the significant landscaping installed on the primary CI-zoned property clearly exceeded the landscaping required by the Zoning Code; that after the original parking permit was issued, complaints were received regarding the sale of vehicles on the RMF-zoned property, off-loading transport vehicle trucks and test-driving vehicles on neighborhood streets as well as issues regarding the use of an area on School Avenue and Wood Street for access to the dealership; that numerous discussions were held with Sarasota Ford representatives regarding the complaints; that the City has worked diligently with Sarasota Ford to mitigate the impacts; that significant improvements occurred and Sarasota Ford had come into compliance before the issuance of the renewal permit; that few complaints have been received over the past six months; that noise complaints traditionally are filed with the Police Department; that a complaint was recently received regarding transport trucks, which Sarasota Ford indicated was an interim mistake and that vehicles were being off-loaded at the School Avenue property; that Sarasota Ford has not been as cooperative as he would have liked, but significant improvements have been made; that the situation is an example of the classic zoning dilemma when a commercial business expands adjacent to a residential area. Mayor Cardamone asked if the discussions with Sarasota Ford addressed the deliveries of large equipment made by semi-tractor trailers? Mr. Litchet stated that his direction was clear that deliveries, etc., should be taking place on the CI-zoned property. Mayor Cardamone asked if Mr. Litchet feels Sarasota Ford has complied with the landscaping requirements? Mr. Litchet stated that the original agreement was to achieve upgraded landscaping, etc., on the primary CI-zoned property; that although an irrigation system was installed, decay in the landscaping along the property for which a temporary parking permit was issued has occurred; that the landscaping requirements imposed were not as stringent as those required for a regular parking lot because of the temporary nature of the situation. Commissioner Merrill stated that the property on School Avenue is zoned Industrial, Light Warehousing (ILW) i and asked if operation of a body shop is permitted in the ILW Zone District? Mr. Litchet stated yes. Commissioner Merrill stated that Sarasota Ford has responded to some of the issues raised by transferring certain operations to the School Avenue property and by focusing sales activities at the Sarasota Fairgrounds, which is located in the Governmental Use (G) Zone District; and asked if conducting vehicle sales events at the Sarasota Fairgrounds on a regular basis is in conformance with the Zoning Code? Mr. Litchet stated yes; that events, i.e., vehicle sales, on a regular basis are permitted on the property owned by Robarts Arena. Mayor Cardamone requested a motion. No motion was made. Mayor Cardamone requested comment by the City Attorney. City Attorney Taylor stated that the dealership will be notified of the expiration of the permit and required to immediately cease activities if no action on proposed ordinance is taken by the Commission. Commissioner Merrill stated that the Commission has been generally supportive of Sarasota Ford; that the City's number one goal is neighborhood preservation; that economic activity is also important; however, numerous issues regarding Sarasota Ford's property have been raised by neighbors; that the City Manager recommended the proposed ordinance be passed subject to submittal of a mitigation plan by second reading; that he is reluctant to support the Administration's recommendation because the property owner is not present to provide assurance the issues can be resolved; that a related item may be supported in the future if proper assurances and controls can be achieved, e.g., a willingness by Sarasota Ford to work with the neighborhood in resolving concerns, which is not apparent at this time. Mr. Freedman spoke from the audience and stated that Mr. Buchanan has been contacted and authorized John Tosch, Executive Vice President, Sarasota Ford, to speak on his behalf. Mayor Cardamone stated that the public hearing is closed. Commissioner Dupree stated that a stay of expiration of the permit cannot be supported based on the input received tonight and the lack of cooperation regarding the reasonable and achievable suggestions put forth by the neighbors, e.g., redirecting the lighting, mitigating the traffic impacts, etc. 8. SCHEDULED PRESENTATION RE: SEAGRASS PROGRAM = DR. DAVID TOMASKO, REPRESENTING SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT - DIRECTED THE ADMINISTRATION TO DEVELOP A FLORIDA YARD AND NEIGHBORHOOD PROGRAM PLAN FOR CITY HALL AND REPORT BACK PRIOR TO IMPLEMENTATION (AGENDA ITEM V) #2 (0550) through (1221) Book 41 Page 14018 01/06/97 6:00 P.M. Book 41 Page 14019 01/06/97 6:00 P.M. Dr. David Tomasko, representing Southwest Florida Water Management District (SWFWMD), came before the Commission and gave a presentation explaining the progress made regarding the quality of water and quantity of seagrass beds in the Sarasota Bay. Dr. Tomasko stated that tourism is the number one industry in Florida; that maintaining a healthy environment for recreational activities is important to tourism. Dr. Tomasko displayed and explained an index of relative water quality; and stated that the best water clarity is found mainly in areas close to passes, i.e., Longboat Pass, New Pass, and Big Pass, which are well-flushed areas; that poor water clarity is mainly found in less-flushed areas, i.e., Little Sarasota Bay and Eastern PalmaSola Bay; however, exceptions to that standard occur; that, for example, although Roberts and Blackburn Bays are similarly flushed areas, the water clarity at Blackburn Bay rates in the top 50% whereas Roberts Bay rates in the bottom 50%; that the differential in water quality is attributed to the level of pollution loads entering Roberts Bay. Dr. Tomasko displayed and explained a comparison of water clarity and the depth of seagrass beds; and stated that seagrass depth is minimized in areas with a high attenuation coefficient or low water clarity, which indicates seagrasses grow deeper in areas where the water is clear; that the greenness of water decreases clarity; that the green tint in the water is associated with chlorophyll, a pigment diffused by algae floating in the water column, and also associated with levels of nitrogen entering the water. Dr. Tomasko continued that mapping seagrasses is a good indicator of water quality which assists SWFWMD in determining whether or not pollution is increasing or decreasing. Dr. Tomasko displayed and explained a comparison of seagrass coverages in 1988 and 1995 for Blackburn Bay, Little Sarasota Bay, Roberts Bay, Sarasota County/Upper Sarasota Bay (SC-USB) and Manatee County/Upper Sarasota Bay (MC-USB) ; and stated that SC-USB is the portion of Sarasota Bay from Siesta Drive north to the Manatee County limit; that seagrass coverage has increased since 1988; that most of the seagrass and most of the best fishing is located north of Siesta Drive; that Little Sarasota Bay added 57 acres and Roberts Bay added 14 acres of seagrassesi that the improvements to the wastewater disposal on the islands resulted in a 352 acre increase in seagrasses for MC-USB; that an increase of 191 acres of seagrasses, a 10% increase, was noted in the area of Sarasota Bay associated with or affected by the City of Sarasota (SC-USB) i that overall, 614 new acres of seagrasses were produced from 1988 to 1995; that thicker seagrasses are associated with higher densities of fish, crabs, and shrimp; that an increase in thickness was noted on 132 acres of seagrasses in SC-USB. Dr. Tomasko displayed and explained aerial photographs depicting the improvements in Sarasota Bay and newly generated grass beds which did not exist in 1988 along the shoreline near Whitaker Bayou and in the city Island area; and stated that the improvements to the City of Sarasota's wastewater treatment system is the most likely reason for the improvement in water quality in SC-USB area; that the effluent discharged by the city of Sarasota, which previously had a concentration of nitrogen of 12 to 15 milligrams per liter, currently averages less than 2 milligrams per liter; that the City's improvements in terms of reuse have further reduced the nitrogen load. Dr. Tomasko continued that studies performed by Mote Marine Laboratories and the Sarasota Bay National Estuary Program (NEP) on 9 seagrass meadows and two types of seagrass indicate an average of 15 fish, 46 shrimp, and 27 crabs per square meter; that an acre is comprised of 4,046 square meters; that, in general, the City of Sarasota's wastewater upgrades are responsible for 191 acres of new seagrasses, which is equivalent to adding 12 million fish, 36 million shrimp, and 20 million crab to Sarasota Bay. Mayor Cardamone stated that Dr. Tomasko was requested to make a presentation before the Commission after she heard his presentation at the NEP policy meeting. Mayor Cardamone asked the comparable size of the City portion of Sarasota Bay versus the Manatee County portion? Dr. Tomasko stated that all of Manatee County's waters are not improving; that the changes noted in MC-USB occurred close to Tidy Island; that all of Sarasota County's waters are not improving; that little change was noted in the Blackburn and Roberts Bay areas; however, a 10% increase was noted in the areas directly affected by the City of Sarasota's efforts; that additional seagrasses may exist today; that the protocol used was approximately one year old; that the areas will be mapped again in 1997 after which an updated presentation could be provided to the City Commission. Mayor Cardamone stated that a presentation on the updated data would be appreciated. Commissioner Dupree asked the factors which make the water green? Dr. Tomasko stated that the green tint is based on the amount of nitrogen loaded into Sarasota Bay; that one of the most potent sources of nitrogen is human wastewater; that reducing wastewater disposal reduces nitrogen which in turn will reduce the amount of chlorophyll produced, increase the clarity of the water, and allow for more seagrass growth. Book 41 Page 14020 01/06/97 6:00 P.M. Book 41 Page 14021 01/06/97 6:00 P.M. Commissioner Merrill asked the source for the majority of nitrogen in stormwater? Dr. Tomasko stated that the major land use surrounding Sarasota Bay is residential; that many people over-fertilize lawns, resulting in high nitrogen concentration levels; that the nitrogen concentration in stormwater from residential runoff is usually greater than the nitrogen concentration from a citrus grove; that attempting to reduce the nitrogen load from stormwater is less cost effective than reducing the nitrogen loads from wastewater; that the efforts of Sarasota County to reduce flooding associated with the Phillippi Creek headwaters have not substantially reduced the pollutant load; however, the City of Sarasota's upgrades to wastewater disposal produced a substantial reduction. Commissioner Merrill asked the efforts being put forth to educate people regarding lawn alternatives? Mark Alderson, Executive Director, Sarasota Bay National Estuary Program, came before the Commission and stated that a commitment from the University of Florida has been received to assist in implementing the Florida Yards and Neighborhoods Program on a Statewide basis; however, this will be a long-term process; that people have been trained mentally to think "lush, green grass"; that changing people's perception about the way yards should look and encouraging more native-type habitats will take time; however, native-type habitats help conserve water, reduce the nitrogen concentration and the amount of stormwater runoff, and significantly reduce the amount of pollution entering the Bay; that a Florida Yards and Neighborhoods coordinator has been hired locally; that the City and Sarasota County have adopted the Program as part of their Comprehensive Plan approaches; that projects have been demonstrated at the Visual Arts Center and the Florida House; that a handbook explaining the step-by-step process required to convert to a native landscape has been prepared as a source of information and are available at the cooperative extension offices in Sarasota and Manatee Counties. Mayor Cardamone stated that a lack of funding has resulted in only one person providing information on the Program Countywide; that the City should be landscaping according to the standards of the Florida Yard and Neighborhood Program. Commissioner Merrill requested support from the Commission to direct the Administration to develop a plan to convert to native landscaping at City Hall. Mayor Cardamone stated that hearing no objection the Administration is directed to develop a plan to convert the landscaping at City Hall in accordance with the Florida Yard and Neighborhood Program and to report back to the Commission prior to implementation. 9. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #2 (1227) through (1446) Edward Harding, 2155 Wood Street (34237), came before the Commission, distributed, and read in its entirety a letter which he had sent to Gerry Spence, Attorney, Activist, and Author outlining: 1) proposals put forth to the city Commission, based on his management consulting experience, to assist the City with solving issues related to a stagnant tax base, 2) difficulties he has experienced with the Sarasota Police Department, and 3) the recent police shooting and death of Joseph Buszek, Jr. Mr. Harding stated that the need to reduce nitrogen concentration in stormwater runoff was referenced under Agenda Item No. V; that proposals regarding the benefits of using compost as an organic fertilizer were submitted previously to the Commission. 10. BOARD APPOINTMENTS: APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD - APPOINTED DONALD DAWKINS, JOHN BARDSLEY, AND TERI BERKET (AGENDA ITEM IX-1) #2 (1473) through (1637) Mayor Cardamone stated that William Knight has resigned from the citizens with Disabilities Advisory Board; that in addition, two other vacancies exist due to the removal of members for reasons related to attendance. Mayor Cardamone nominated Donald Dawkins to replace William Knight; and stated that Mr. Dawkins is the Director of the Spinal Cord Injury Services at the HealthSouth Rehabilitation Hospital, was nominated as a community hero, and proudly carried the Olympic Torch through Sarasota in July 1996. Commissioner Merrill and Commissioner Dupree voiced support for the nomination of Mr. Dawkins. Mayor Cardamone announced the appointment of Donald Dawkins to the Citizens with Disabilities Advisory Board. Mayor Cardamone nominated John Bardsley; and stated that Mr. Bardsley resides within the City and is highly recommended by Lou Piotrowski, Coordinator, Special Olympics. Commissioner Merrill and Commissioner Dupree voiced support for the nomination of Mr. Bardsley. Mayor Cardamone announced the appointment of John Bardsley to the Citizens with Disabilities Advisory Board. Commissioner Merrill nominated Teri Berket; and stated that Ms. Berket is a qualified, City resident from an area of the community not currently represented on the Board. Book 41 Page 14022 01/06/97 6:00 P.M. Book 41 Page 14023 01/06/97 6:00 P.M. Mayor Cardamone stated that hearing no other nominations, Teri Berket is appointed to the Citizens with Disabilities Advisory Board. 11. BOARD APPOINTMENTS: APPOINTMENT RE: CIVIL SERVICE/GENERAL PERSONNEL BOARD - APPOINTED JOHN MILTON (AGENDA ITEM IX-2) #2 (1650) through (1685) Mayor Cardamone stated that Carolyn Mason has resigned from the Civil Service/Ceneral Personnel Board. City Auditor and Clerk Robinson stated that two applications for appointment were submitted for consideration at the December 2, 1996, meeting; that Clarence Jones, who was recommended by a Commissioner, was appointed; that the second appointment was postponed to provide an opportunity for the Commissioners to meet with John Milton. Mayor Cardamone stated that she met with Mr. Milton and will support his appointment. Commissioner Dupree nominated John Milton. Commissioner Merrill expressed support for the nomination. Mayor Cardamone announced the appointment of John Milton to the Civil Service/Ceneral Personnel Board. 12. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - MAYOR CARDAMONE TO SEND A LETTER TO MANUFACTURERS REQUESTING ASSISTANCE IN LOWERING THE NOISE LEVEL OF LEAF BLOWERS; ADMINISTRATION TO CONTACT ROBARTS ARENA REGARDING SALES EVENTS AND POTENTIAL LANDSCAPE BUFFERING (AGENDA ITEM X) #2 (1685) through (2254) COMMISSIONER MERRILL: A. thanked the Sarasota Police Department for the timely apprehension of the person who burglarized his home. B. stated that a number of citizens have contacted him regarding the noise leaf blowers create; that Davis, California, has a noise ordinance which restricts the number of leaf blowers that can operate within 100 feet of each other; that similar legislation in Sarasota is not suggested; however, Commission support is requested to have the Mayor draft a letter requesting assistance from manufacturers to tone down the noise generated by leaf blowers. Mayor Cardamone stated that hearing no objections, she will draft a letter with the assistance of the City Manager. C. stated that vehicle sales events occurring regularly at the Sarasota Fairgrounds give the appearance of a car sales lot on Fruitville Road; that the grassy area is not landscaped or well- buffered; that further adverse effects on the surrounding neighborhoods, which are already struggling, is of concern; and requested that the Administration contact representatives of Robarts Arena regarding the potential of installing landscape buffers if sales events are planned to continue on a regular basis. Mayor Cardamone and Commissioner Dupree supported Commissioner Merrill's request. COMMISSIONER DUPREE: A. stated that duplicate police responses are often required when noise complaints are filed regarding noise emanating from boomboxes in vehicles, speeding, and late-night parties; that Commission consideration should be given to passing legislation which would allow police the ability to stop the disturbance after the first response. Mayor Cardamone stated that legislation which would allow for one warning could be considered; that a workshop on noise has been scheduled in February at which the issue should be raised for discussion. B. stated that substantial improvement to the storefronts along Central Avenue has been noticed. City Manager Sollenberger stated that the Storefront Assistance Program has helped property owners improve the appearance of the buildings and increase tenant occupancy. MAYOR CARDAMONE: A. stated that the police continuously respond to complaints regarding the street sweeper at Midtown Plaza operating before 7 a.m.; that letters from the City Manager and the Police Chief have been sent to the management at Midtown Plaza; however, the activity continues. B. stated that she attended the opening of the Opera Pavilion; that the first floor has been completed; Book 41 Page 14024 01/06/97 6:00 P.M. Book 41 Page 14025 01/06/97 6:00 P.M. that construction on the second floor has started and once completed will include an open room with seating for 400 people; that the new amenity associated with the Sarasota Opera will be another asset to the Downtown. C. stated that she was very unhappy with the inability to view accurate maps and visualize the areas being referenced when the Sarasota Ford neighborhood issue was discussed; that the materials presented by Staff were lacking, e.g., the maps displayed made did not include U.S. 301; that proper materials should be provided when the Commission will be discussing difficult issues which will have a major impact on either a prominent business or a concerned neighborhood. Commissioner Dupree agreed. D. stated that some of the major trees on Hillview Street and Osprey Avenue planted in conjunction with the Southside Village Streetscape Project appear unhealthy or dead; and asked for comment from the Administration. city Manager Sollenberger stated that the Engineering Department has forwarded a letter to the Florida Department of Transpiration (FDOT) and the contractor outlining the landscape problems and expressing dissatisfaction with the additional concrete work performed; that the City is taking a forceful position and attempting to achieve the quality of work expected on the project from the contractor hired by FDOT. 13. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (2254) through (2400) CITY MANAGER SOLLENBERGER: A. stated that the first meeting of the Local Option Sales Tax (L.0.S.T.) Task Force was held on Thursday, January 2, 1997; that the Office of the City Auditor and Clerk is providing administrative support and the Finance Department will provide financial information to the Task Force; that Kerry Kirschner, former Mayor and City Commissioner, was elected as the Chairman and John Browning was elected as Vice Chairman; that the members have reviewed past L.O.S.T. expenditure patterns and have requested supplemental information; that a list of potential projects will be presented to the Task Force prior to and reviewed at the meeting scheduled on January 16; that departmental Staff members will be in attendance to explain the projects and respond to questions raised by the Task Force members; that the third meeting of the Task Force will be advertised for public input; that organizations and individuals will be solicited to provide input and project requests; that the projects supported by the Task Force will be prioritized at the fourth meeting and recommendations formulated for presentation to the Commission; that the Administration will recommend the Commission schedule a public hearing on the prioritization and the projects recommended by the Task Force. City Auditor and Clerk Robinson stated that the Task Force's public input meeting is scheduled for Wednesday, January 29, 1997, at 7 p.m. in the Commission Chambers at City Hall. Commissioner Dupree asked if all representatives attended the first meeting? City Manager Sollenberger stated that four of the five members appointed were present; that Gil Waters was out of town but will be available for the remaining meetings. city Auditor and Clerk Robinson stated that Mr. Waters returned to Sarasota yesterday, obtained the information presented as well as a videotape copy of the meeting. 14. ADJOURN (AGENDA ITEM XII) #2 (2400) There being no further business, Mayor Cardamone adjourned the regular meeting of January 6, 1997, at 8:45 p.m. Taclisc Curt d 014 - MOLLIE C.CARDAMONE, MAYOR ATTEST: a de Robnsen BILLI ES ROBINSON, CITY AUDITOR AND CLERK Book 41 Page 14026 01/06/97 6:00 P.M.