MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF NOVEMBER 23, 1992, AT 7:00 P.M. PRESENT: Mayor Jack Gurney, Vice Mayor Gene Pillot, Commissioners Fredd Atkins, David Merrill and Nora Patterson, City Manager David Sollenberger, Deputy City Auditor and Clerk Nancy Rowell, and City Attorney Richard Taylor. ABSENT: City Auditor and Clerk Billy Robinson PRESIDING: Mayor Jack Gurney The meeting was called to order in accordance with Article III, Section 10 of the Charter of the City of Sarasota at 7:04 p.m. Deputy City Auditor and Clerk Rowell gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0030) through (0057) Deputy City Auditor and Clerk Rowell presented the following Changes to the Orders of the Day: A. Add a new Item I (and renumber subsequent items) Presentation by the Van Wezel Foundation Annamae Sandegren. B. Add a new Item III Approval of Final Site and Development Plan for Oak Pointe Manor (1500 S. Tuttle Avenue). On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve the Changes to the Orders of the Day. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 2. PRESENTATION BY: THE VAN WEZEL FOUNDATION = ANNAMAE SANDEGREN PRESENTED $35,000 CHECK (AGENDA ITEM I) #1 (0057) through (0160) Ms. Annamae Sandegren, Chairman of the Van Wezel Foundation Board, came to the Commission table and stated that the Van Wezel Foundation wishes to cooperate however possible and to be of help. Ms. Sandegren presented a check to Mayor Gurney for $35,000 to cover the costs of the Long-Range Strategic Planning Study done by AMS Planning and Research. Book 34 Page 8867 11/23/92 7:00 P.M. Book 34 Page 8868 11/23/92 7:00 P.M. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to accept with sincere gratitude the very generous and very much appreciated offer by the Van Wezel Foundation. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 3. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3646, AMENDING CHAPTER 33, SARASOTA CITY CODE, TO DESIGNATE FILLMORE DRIVE BETWEEN ST. ARMANDS CIRCLE AND THE INTERSECTION OF ADAMS DRIVE AND MONROE DRIVE, AS A ONE-WAY STREET, AS MORE PARTICULARLY SET FORTH HEREIN; SETTING FORTH FINDINGS; PROVIDING FOR THE SI EVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - DENIED (AGENDA ITEM II) #1 (0160) through #2 (0447) Mayor Gurney requested Deputy City Auditor and Clerk Rowell to explain the public hearing process. Ms. Rowell stated that at this time, the 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 be sworn in by Deputy City Auditor and Clerk Rowell. Assistant City Engineer Asim Mohammed came to the Commission table and stated that a study was conducted about six months ago; that some of the recommendations that came out of that study included the inclusion of diagonal parking on the South Boulevard of the Presidents and John Ringling Boulevard; and that some of those recommendations have already been implemented resulting in an additional 73 parking spaces in the area. Mr. Mohammed stated that the second phase of the study was to find some additional parking on St. Armands Circle and a means for enhancing traffic circulation; that the proposal presented tonight is a result of a request from the merchants of St. Armands Circle Association and the study conducted about six months ago; that the proposal is to make Fillmore Drive a one-way street in the southbound direction; that the additional street width resulting could be converted to diagonal parking; that the adjacent intersection could become a multi-way stop; and that placing a four-way stop would clearly designate the right-of-way and designate the traffic circulation there. Mr. Mohammed stated that the major advantages to this proposal ares 18 additional parking spaces enhanced traffic safety potential of reduced traffic volumes on Fillmore Drive between Harding Circle and Adams Drive Mr. Mohammed stated that the major disadvantages to this proposal are: inconvenience to residents change in established traffic patterns diagonal parking in residential zoned area Mayor Gurney opened the public hearing. Neal Oxenhandler, 468 Monroe Drive, representing St. Armands Key residents, came to the Commission table and stated that they had rather short notice regarding this Ordinance; that he has acquired 27 signatures of people who are opposed to the Ordinance; that it is an encroachment on the residential character of the neighborhood; and that the people who live on Adams Drive are the ones that feel very strongly about this matter. Mayor Gurney asked Mr. Oxenhandler how he felt about off street surface parking in this area. Mr. Oxenhandler stated that it is presently taking place unofficially and that he feels the neighborhood would be happy to see surface parking area here in lieu of a one-way street. Judith Oxenhandler, 468 Monroe Drive, representing St. Armands Key residents, came to the Commission table and stated that there will be far more people looking for parking spaces than the 18 people who will be parking there; that this will increase traffic in pursuit of parking who will meander around in the residential community; that the potential danger and problems outweigh the benefits, in addition to the accidents that already take place on South Washington Boulevard. Ms. Oxenhandler stated that she is opposed to commercial encroachment on residential space; that she does not trust the method of "trying" something that would probably need a petition for removal; that the potential here is for only a few spaces as well as chaos and confusion; that off street surface parking would be fine with her if there is some kind of homeowner involvement in planning it and if the entrance and exit would be on Fillmore Drive and not Monroe or Adams Drives; and that she feels all of the petitioners would agree with her. Elizabeth Hannon, Monroe Drive, representing St. Armands Key residents, came to the Commission table and stated that she sees people parking in front of her house from her front window; that people stand in the middle of the street; that she often has to wait for cars before leaving her driveway; that she feels it would hamper emergency vehicles in their efforts in proceeding around the Circle and the neighborhood; that traffic would be increased on Monroe Drive; that there is a lot of parking all week long during the seasonal months; and that a one way would be confusing. Book 34 Page 8869 11/23/92 7:00 P.M. Book 34 Page 8870 11/23/92 7:00 P.M. Ms. Hannon stated that she would not object to surface parking in this area as long as it is surfaced and well landscaped. Jerry Robbins, 326 Arthur Drive, President of the St. Armands Residents' Association, came to the Commission table and stated that it may not be worth all of this trouble to change a direction of a street just to gain 18 spaces; that this matter was short noticed; that he contacted the Board members and they do not have a problem with the one-way street idea, but they did have a problem with the parking on the RMF-5 area; that most felt the diagonal parking would be fine in front of the businesses which would be less of an encroachment on the residential area. Mr. Robbins stated that he feels no one would object to off street parking with proper landscaping in this area. Jesse Hannan, 444 Monroe Drive, representing St. Armands Key residents, came to the Commission table and stated that the short notice that was received regarding this matter gave no indication of diagonal parking being considered in this area; that this was deceiving to the residents; that he concurs with the other people that have just spoken here; that he feels an accident is more likely when backing out of diagonal parking; and that zoning in the area is still multiple dwelling and not commercial. Marlow Cook, 444 N. Washington Drive, representing St. Armands residents, came to the Commission table and stated that the real problem is that the parking spots would already be there had it not been for the fact that the St. Armands Association wrote a letter on November 4, 1992, asking for a hearing; that if the Association had not asked for a hearing formally, the parking spaces would probably already be on the street; that what is being faced is a balance between the residents and the merchants; that on Friday and Saturday nights there was a jazz festival in the Circle that went to almost midnight and he heard every word of it from well down North Washington; that there is also a jazz band at the New Orleans Restaurant which is outdoors and the music floats through the neighborhood at all hours well up to 11:30 at night. Mr. Cook also stated that he hoped the Commission would discuss with the Florida Department of Transportation (FDOT) the idea of doing the same thing with the streets coming on to St. Armands and going north to Longboat Key, that the City has already done to its streets; that would allow plenty of parking spaces; that there is a parking garage that hardly no one parks in; that there are a lot of spaces in front of the stores that the owners or lessees park in; that the City should see if the FDOT can help solve some of the problems; and that this would accelerate parking in residential areas and he wishes this would not take place. Mr. Sollenberger stated that the garage is scheduled to be torn down next summer which would create approximately 70 additional parking spaces at surface level; and that this should be completed by November of next year. Mr. Cook stated that using the two triangles in the proposed Fillmore Way area for off street parking would be a great idea, but that it should be done very well. Jack Peffly, 12 N. Boulevard of Presidents, member of the Board of Directors of the St. Armands Circle Merchants' Association, came to the Commission table and stated that he has been in charge of the parking committee for the past four years; that he wishes to thank the Commission and all involved in working with their parking problems and creating the new angle of parking that was recently completed; that the last paid parking study that was done approximately, six months ago clearly indicated that St. Armands Circle is still in deficit of over 400 parking spaces; that that is why these additional spaces are needed regardless of the number of them; that his association wants to work with the residents in solving the problems; that he would like to correct Mr. Cook regarding the jazz concert which was held Saturday evening; that it was stopped at 8:05 p.m. and was held Sunday until 6:00 p.m.; and that he does not have control over Cafe New Orleans or any other clubs. Mr. Peffly stated that on Fillmore Drive between St. Armands Circle and the alley, there is a three hour parking limit; that from the alley back to Monroe and Adams Drives is unlimited parking; that the majority of those new 18 spaces will be as unlimited parking; that he feels they will all be taken up by employees that are now parking in other areas on the Circle; that he feels that all of those from the alley to Fillmore Drive will be occupied for an 8 hour period and will not be transient parking. Mr. Peffly stated that diagonal parking has noticeably slowed traffic which allows a much safer pedestrian zone; that the rate of traffic speed would decrease and continue to do so in the residential area; that his association and all of the merchants strongly encourage the Commission to pass this ordinance to provide the additional 18 spaces needed. Gil Waters, 1751 Mound Street, Vice President of and representing Commercial Property Owners' Association of St. Armands Circle, came to the Commission table and stated that he has been a commercial property owner for 32 years; that the Circle has been a major contributor to the economic health of the City of Sarasota; that the property owners' association was formed early last year to assist in the upgrading and beautification of the Circle and to participate with the City in long-range planning; that this area is a very highly taxed part of the City; that the surveys show a Book 34 Page 8871 11/23/92 7:00 P.M. Book 34 Page 8872 11/23/92 7:00 P.M. significant lack of parking on the Circle; that this is a very highly concentrated area; that competition on the West Coast of Florida is also offering upscale, first class shopping opportunities for visitors; that there is a serious deficiency in parking here and a need to maintain competitiveness so that the tax base will continue to be healthy even, though the Circle is already experiencing turn over. Mr. Waters stated that his association is offering support for all phases of the City's parking plan; that the two RMF-5 triangles are high intensity commercial uses for hotels and such; and that he hopes the City Commission will "one way" the street and provide the additional parking. Mayor Gurney left the Commission table at 8:00 p.m. Thomas Maus, 40 S. Boulevard of Presidents, representing Maus & Hoffman, came to the Commission table and stated that he speaks in support of the Ordinance; that the merchants work very hard to make it a nice area to shop in; that they are willing to work with others; that the atmosphere of the area as been promoted; that not gaining more spaces will diminish the parking problem as well as parking in the residential areas. Mayor Gurney returned to the Commission table at 8:03 p.m. Mr. Martin Rappaport, 313-321 John Ringling Boulevard, representing IMAR Real Estate Management, Inc., came to the Commission table and thanked the Commission for all that they have done in trying to help the merchants, landowners, and residents in cooperating to get this situation resolved; that there have been many surveys taken and each one indicates that parking is lacking; that St. Armands Circle no longer enjoys the international reputation as the "hot spot of the West Coast, . and it has been somewhat hurt due to the quality of the tenants attracted. Mr. Rappaport also stated that this is a very highly seasonal area of approximately three to four months; that this 27 acres and the landowners' association represent $75 million worth of property, or approximately 2% of the City's budget and it is important for this area to stay strong; that anything that can be done to increase parking is very important; that they are beginning to lose quality tenants which will subsequently lose its prestige and taxable space. Mr. Rappaport further stated that the angled parking has slowed down traffic and made it much safer for pedestrians; that designated parking areas will help; that the landowners have been very cooperative with the Merchants' Association and are willing to place restrictions in their leases designating employee parking. There being no on else to speak, Mayor Gurney closed the public hearing. Deputy City Auditor and Clerk Robinson read proposed Ordinance No. 93-3646 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve proposed Ordinance No. 93-3646 on first reading. Mr. Mohammed returned to the Commission table and stated that there are presently 30 parallel parking spaces on Fillmore Drive; that this would become 48 if this Ordinance is approved; that "on street" parking is the most cost effective type of parking; that building a parking garage would cost approximately $9,000 per space; and that surface parking will cost between $3,000 to $6,000 per space, depending upon the cost of land; that the triangle area is very expensive land at approximately $3 million dollars. Mr. Mohammed estimated the cost for surface parking in this area to be approximately $6,000 per space due to the cost of the land; and stated that approximately 98 parking spaces in each triangle could be provided. Mr. Mohammed also stated that this is the only quadrant of St. Armands Circle where the road is bisecting the quadrant; that creating a one way southbound would disallow the interruption of traffic moving along the Circle; that no one really expects someone to come out of the middle of that quadrant; and that it would be correct that there would not be a strong reason to do what is proposed if eighteen spaces of parking were not needed. Commissioner Atkins stated that he is willing to move toward adding these few parking spaces to help alleviate some of the parking stress in this area in the hope that the merchants and property owners create some direction for employees to use these spaces in order to reduce the impact on the neighborhood; and that he will support this ordinance. Vice-Mayor Pillot asked if the merchants could free up parking spaces for customers by providing off circle parking for employees and having them use other transportation. Mr. Jack Peffly returned to the Commission table and stated that the merchants' association has encouraged every property owner and landlord to demand that their employees not park on the street; that they have also encouraged local traffic enforcement to strongly enforce the three hour parking limits, particularly those that are parked in the same spot every day or move their vehicles back and forth a few feet. Book 34 Page 8873 11/23/92 7:00 P.M. Book 34 Page 8874 11/23/92 7:00 P.M. Vice-Mayor Pillot asked if more than 18 spaces could be saved if employees were able to park off of the circle and have some kind of convenient mass transit. Mr. Peffly stated that with regard to the 18 spaces he feels that most of them would be used by employees because they would not have to concern themselves with constantly moving their cars to avoid violations. Mr. Peffly also stated that the first floor of the parking garage is totally used by employees every day. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to table this matter until answers to the questions can be appropriately answered. Motion carried (3 to 2): Atkins, no; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, no. On motion of Commissioner Patterson and second of Vice-Mayor Pillot, it was moved that the people who were present to speak today be given at least a week's notice of this being removed from the table so they will have an opportunity to be present. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Vice-Mayor Pillot asked that the three active associations, the homeowners, merchants, and property owners, organize discussions through the City Administration as to whether or not more than 18 parking spaces can be gained without changing traffic flows by finding alternative and acceptable parking for employees; and asked that Mr. Sollenberger designate someone to. coordinate with the three associations for that discussion and inform the Commissioners when the matter may be removed from the table. Commissioner Atkins stated that he feels time is of the essence right now and that any number of parking spaces will help the situation at this time; that delaying this matter could take quite some time. On motion of Commissioner Patterson and second of Commissioner Atkins, it was moved to reconsider the previous vote by which this matter was tabled. Commissioner Patterson stated that the issue of alternative parking is apart from this matter which will address freeing up a substantially larger number of spaces; that that may determine whether the triangles may become surface parking at some later date; that the price tag on that is very high and totally undetermined as to whether the landowners are willing to payi that she feels the additional 18 spaces are probably needed; that it does not makes sense to push this matter past the season; and that the Commission may as well go ahead and vote on this matter. Mayor Gurney called for the vote on the motion to reconsider (and remove the matter from the table). Motion carried (3 to 2): Atkins, yes; Merrill, no; Patterson, yes; Pillot, no; Gurney, yes. Mayor Gurney stated that 73 spaces have recently been added to the area; that an additional 70 spaces will be added after the season; that surface parking would be extraordinarily expensive; that this is a valuable amenity; that an additional 15 or 16 spaces is not really accomplishing that much; that this is a "band-aid" issue and there is a need for far more additional parking; and that the residential area should remain valuable and he wishes no additional impact upon it. Vice-Mayor Pillot asked whether or not it may be possible to cooperate with the land owner of the triangles during the upcoming season; that a lot more than 16 or 18 additional spaces is needed; that he still encourages cooperation with the associations and any other interested parties in providing convenient transportation off the circle for employees. Mayor Gurney called for the vote on the motion to approve Proposed Ordinance No. 93-3646 on first reading. Motion failed (4 to 1): Atkins, yes; Merrill, no; Patterson, no; Pillot, no; Gurney, no. 1 4. CITIZENS . INPUT (AGENDA ITEM VII) - #2 (0447) through (0666) Mr. and Mrs. Harvey L. Horne, came to the Commission table. Mr. Horne stated that he came to the Commission on July 22, 1992, asking for an investigation of his allegations about police conduct; that on September 17, 1992, he received a letter from Police Chief John P. Lewis stating that the investigation was complete, that appropriate action had been taken, and that he should contact Lt. Woodle. Mr. Horne stated that the action taken by the Division Commander's Review and Recommendation Board indicated no action taken; that on October 24, 1992 between the hours of 10 a.m. and 11 a.m. an Officer Beall along with two other officers illegally entered his place of residence without being invited and without a warrant; and that Officer Beall followed him into the bedroom where is his wife was asleep. Mr. Horne stated that he felt violated and that the Police Department along with the State Attorney's Office has manufactured criminal charges against him which are pending in court now; that because it is evident to him that this Commission is not willing to perform their civic and moral duties by addressing his concerns that he is placing the Commission on notice that he is prepared to bring civil rights violation charges against the Police Department and charges of dereliction of duty against the Commission; and that he will be in touch with the Attorney General's Office regarding Book 34 Page 8875 11/23/92 7:00 P.M. Book 34 Page 8876 11/23/92 7:00 P.M. the violation of his Constitutional rights in accordance with Florida Statute 760.51. 5. APPROVAL RE: FINAL SITE AND DEVELOPMENT PLAN FOR OAK POINTE MANOR (1500 S. TUTTLE AVENUE) PURSUANT TO ORDINANCE NO. 92- 3571 - APPROVED (AGENDA ITEM III) #2 (0666) through (0780) Building, Housing, Zoning and Code Enforcement Director William Hewes, came to the Commission table and stated that the final site and development plan for Oak Pointe Manor requires the Commissioners' final approval; that this is substantially the same as what was submitted to the Commission initially. Mr. Hewes stated that this matter is returning to the Commission because the City Attorney is now including in all ordinances that the site and development plan be brought back to the Commission for final approval for the purpose of ensuring that there are no substantial deviations in the items being permitted on the site since the last review by the Commission. Mr. Sollenberger stated that he has reviewed this plan with Mr. Hewes and that he recommends approval. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve the Final Site and Development Plan for Oak Point Manor. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 6. ADOPTION RE: PROPOSED RESOLUTION NO. 93R-618, REQUESTING TRANSFER OF THE JURISDICTION OF BAYFRONT DRIVE (U.S. 41/S.R. 45) FROM S.R. 789 TO U.8. 301, FROM FLORIDA DEPARTMENT OF TRANSPORTATION TO CITY OF SARASOTA, AND TRANSFER OF JURISDICTION. OF FRUITVILLE ROAD BETWEEN U.S. 41 AND U.S. 301, FROM CITY OF SARASOTA TO FLORIDA DEPARTMENT OF TRANSPORTATION: ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM IV) #2 (0780) through (0835) Assistant City Engineer Asim Mohammed said that this matter came about in response to a letter from the Florida Department of Transportation (FDOT). That letter stated that in order for Bayfront Drive to be transferred back to the City, that Fruitville Road will return to the State in exchange; and that there was a request for a formal resolution regarding the transfer. Deputy City Auditor and Clerk Rowell read proposed Resolution No. 93R-618 by title only. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to adopt Proposed Resolution No. 93R-618. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 7. ADOPTION RE: PROPOSED RESOLUTION NO. 93R-619, APPROPRIATING $9,000 FROM THE SPECIAL LAW ENFORCEMENT TRUST FUND (FORFEITURES) ) TO FUND REPLACEMENT OF TWO POLICE CANINES ADOPTED (AGENDA ITEM V) #2 (0835) through (1171) Deputy City Auditor and Clerk Rowell read proposed Resolution No. 93R-619 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to adopt Proposed Resolution No. 93R-619. Police Chief Jolly came to the Commission table and stated that one of the dogs will be retired due to health and efforts will be made to find a nice home for him; and that efforts will be made to sell the other dog, which is overly aggressive possibly to a security company. Commissioner Atkins stated that this seems to be quite a sum of money for two dogs and asked if the dogs prove their worth. Chief Jolly stated that the dogs are mostly used for building searches on alarms for potential break-ins rather than sending officers into very dangerous situations; and that the dogs make certain situations much safer for the officers. Commissioner Atkins asked Chief Jolly if he was aware of a dog biting a juvenile several weeks ago. Chief Jolly stated that he was not but that he would investigate the matter and report back. Chief Jolly stated that the dogs are used for burglaries, tracking, and drug sniffing; that these dogs complete their training along with the handler as a team; that these dogs come from Germany because of their classification as a pre-trained, police canine; and that American bred German Shepherds tend to have more health problems than the German bred dogs. Mayor Gurney called for the vote on the motion to adopt proposed Resolution No. 93R-619. Motion carried (4 to 1): Atkins, no; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 8. REPORT RE: PARKING FOR MARINA JACK CITY MANAGER SOLLENBERGER AND LEE SULLIVAN, REPRESENTING JACK GRAHAM, INC. ADMINISTRATION TO FOLLOW UP ON BRICKLAYERS SCHEDULE (AGENDA ITEM VI) #2 (1171) through #3 (0368) Book 34 Page 8877 11/23/92 7:00 P.M. Book 34 Page 8878 11/23/92 7:00 P.M. city Manager Sollenberger stated that the Commission had asked him to meet with Marina Jack representatives to negotiate a permit to use the turfed area for parking, which would replace the north roadway to be removed; that he and City Attorney Taylor met with Mr. Strickland and Mr. Sullivan on Tuesday; that a proposal was submitted on Wednesday which was not acceptable to Marina Jack; that since that time they have not been able to reach an agreement; and that he would recommend that the City Commission not spend the $15,000 to put the plastic subsoil improvement mechanism in place. Commissioner Patterson declared a conflict of interest in this matter because her husband's law firm represents Marina Jack; that she will not be voting on this issue. Commissioner Patterson left the Commission table at 9:08 p.m. Mr. Lee Sullivan, representing Jack Graham, Inc., and Mr. John Strickland, attorney for Marina Jack, came to the Commission table. Mr. Sullivan stated he was sorry to report to the Commission that they have reached the conclusion that the proposal to valet park in the grass will not be an acceptable solution either for the City or for Jack Graham, Inc.; that, to his knowledge, the City has never retained a parking consultant to study and define the scope of the parking requirements to meet the needs of the entire Bayfront Redevelopment Plan; that the City Commission directed that this be done; and that he will again, request that the Commission postpone the demolition of the north access road and its parking until its impact on parking needs can be adequately studied. Mr. Sullivan continued that, regretfully, he must advise the Commission that it would be inappropriate for' the Commission to begin demolishing the north access road and parking spaces tomorrow as they will be petitioning the Court tomorrow morning for a temporary injunction to prevent this action. Commissioner Patterson returned to the Commission table at 9:11 p.m. City Engineer Dennis Daughters stated that the contractor indicated that they would not be able to start that work tomorrow anyway; that it will either be Wednesday morning, November 25th, or Monday morning, November 30th. Mayor Gurney called for persons requesting to speak. Elwood S. (Woody) Levy, 2 Marina Plaza, D-8, came to the Commission table and stated that the Commissioners all listened tonight to an issue involving St. Armands Circle with respect to whether 18 parking spaces should be added; that included in that discussion was the expense of parking on the triangles or creating lots; and that there were varying estimates of $6,000 to $15,000 per space for some additional parking. Mr. Levy stated that here is an existing road with 107 parking spaces that would not cost the City of Sarasota a dime if they were simply left alone; that he still does not understand the reason for the degree of urgencyi that he heard nothing tonight from either Mayor Gurney or Commissioner Merrill with respect to having "no asphalt" at St. Armands; that the community's heart and soul is in its sense of whether its public servants are performing their duties to the best interest of the members of the community; and whether their funds, hard earned and hard to come by, are being wisely spent. Mr. Levy stated further that with respect to the parking spaces at St. Armands Circle, there appears on the agenda a specific notice nine lines long dealing with the proposed ordinance to designate Fillmore Drive as a one-way street; but when the first vote was taken on demolishing the north access road, that there was no notice of that subject on the agenda; that he believes that the determination at that meeting was legally defective and as a result was null and void and unenforceable; that even if the Commissioners do not agree with that, it seems to him that the Commission has to * give more serious consideration to this than it has been given in the open sessions. 5 Kevin Brown, representing LeBarge, Inc., and himself, came to the Commission table and stated that he would like to see the Commission postpone the removal of this parking area; that prior to the construction of this entire project their concerns with the parking area were brought up to Design Studios West, Inc. (DSW); they were told that this area would not be removed until after the new parking area would be given a chance to go through a season to determine if it was functional or not. Mr. Brown also stated that they are presently 73 days into a bricklaying project in front of the "A" dock area on the sidewalk; that it was supposed to be completed in 30 days; that they were told by the bricklayers on Friday that it will be another 60 days before this is done; that he would like assistance in getting this project completed; and that it is drastically interfering with business in the area. City Engineer Daughters stated that after conversations with the contractor, Fred Derr, that they would be working on a more rigorous schedule in order to complete it in a relatively short time period; and that apparently that is not being followed through. Mr. Daughters stated that he can firmly request to the prime contractor that the work be completed as promised; that their Book 34 Page 8879 11/23/92 7:00 P.M. Book 34 Page 8880 11/23/92 7:00 P.M. entire contract is what controls the time schedule; and that they are still within the time limit of the entire contract. Mayor Gurney recommended that this matter be turned over to administration. Vice-Mayor Pillot stated that he would support the administration in getting as tough as possible with this matter. Mr. Tram Hudson, 333 S. Pineapple Avenue, representing himself, came to the Commission table and stated that he is an officer and owner of Enterprise National Bank; that they have a lot of customers who operate commercial establishments down on the Bayfront; that he is here to talk in regard to the parking at Marina Jack; and that he is the immediate past chairman of the Committee of 100 and the chairman elect of the Chamber of Commerce in Sarasota. Mr. Hudson also stated that, in summary of the actions on the Bayfront, that the Commission has done a great job in terms of revitalizing and improving downtown Sarasota and it is truly commendable; that however, on the Marina Jack parking on the north access road, he would ask that the Commission exercise caution and to possibly delay the decision to destroy the north access road until a study can be made to determine what impact the improvements will have on parking. Mr. Hudson continued that he just heard the conversation on St. Armands' parking with regard to approximately $9,000 per space; and that he feels it would be imprudent to start the destruction of those parking spaces and then six months later decide that they are needed; that there must be some compromise. Vice-Mayor Pillot stated that we have one major potential gain and two major avoidances of losses by waiting until the end of the season with continual monitoring by the appropriate personnel; that more information will be available at that time. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved that the project be delayed until the first City Commission meeting of May 1993, with continual monitoring of the parking and related circumstances by staff in the meantime, with a report to be given to the Commission at that time. Commissioner Merrill stated that it seems to him that the Commission should look at the City Comprehensive Plan of 1924 which stated that the entire bayfront should be one big park; that this has been the direction of the community for many years. Commissioner Merrill also stated that a letter was received from the Bayfront Condominium Owners' Association representing each of the downtown bayfront condos that they support removing the north esplanade. Mayor Gurney stated that he has no doubt that the parking spaces can be filled up during the season; that this is a fundamental issue between one entity that has been the operator and the dominant factor on the Bayfront; that there is an interest of the business versus the interest of the City that is now trying to make its bayfront more than it has been; that he feels bound by a vote he made on the Master Plan that the first phase showed removal of the driveway on the north and south; and that he believes that those drives should come out; and that judicious use should be made of the 409 parking spaces that will be available. Mayor Gurney called for a vote on the motion. Motion failed (2 to 2): Atkins, yes; Merrill, no; Pillot, yes; Gurney, no. Mr. Tram Hudson, 333 S. Pineapple Avenue, representing himself, returned to the Commission table and stated that he feels that what is being done is fiscally irresponsible and he would like to know how much it will cost to fight the law suit, tear up the parking, and then have to reinstall it. 9. OTHER MATTERS = - CITY MANAGER TO REPORT BACK ON RECOMMENDATION FOR A HOME OCCUPATIONS ORDINANCE ADMINISTRATION DIRECTED TO CHECK INTO THE NOISE PROBLEM AT ST. ARMANDS CIRCLE = ST JOHN'S ORDINANCE SCHEDULED FOR SECOND MEETING IN JANUARY (AGENDA ITEM VIII) a COMMISSIONER PATTERSON: A. stated that citizens who wish to use their home telephone number on a business card must get a special exception from the City, costing $1,000, and which requires at least one public hearing. Commissioner Patterson also stated that this matter has been addressed in the past and a change was requested; that it has not been done; and that she feels it should be done immediately. Building, Housing, Zoning and Code Enforcement Director William Hewes came to the Commission table and stated that the Zoning Code states that home occupations cannot be done without a special exception; that when he came to the City it was being done without a special exception and after discovering that it should require a special exception, Mayor Kirschner told him and Jane Robinson to go ahead and continue to issue them but to take fast action to move to make the change so that it would not require a special exception. City Attorney Taylor stated that the City Zoning Code has required a special exception for home occupations; that at some point in time there was a practice of not requiring that special exception Book 34 Page 8881 11/23/92 7:00 P.M. Book 34 Page 8882 11/23/92 7:00 P.M. process to take place; and that that has been perpetuated over the years. Commissioner Patterson suggested that perhaps an entirely new definition for home occupations is needed. Vice Mayor Pillot left the Commission table at 9:47 p.m. and returned at 9:50 p.m. City Manager Sollenberger stated that he would report on this matter to the Commission and make a recommendation to amend the Zoning Code. B. stated that some Lido Beach condominium residents brought her a conçern that boats in areas that are not officially public beaches come right up to the beach at full speed; that buoys such as those at the public beaches would provide a warning that this is a bathing area and for boaters to proceed more slowly; that Chief Lewis investigated the matter and that the buoys signify that boats cannot come into the area at all; and that permission must be requested from the State to put buoys. Commissioner Patterson asked if the Commissioners would support making such a request of the State. Mayor Gurney stated that he would like to see how other cities have dealt with this matter. Commissioner Patterson agreed. MAYOR GURNEY: A. stated that the jazz band at the New Orleans Club is going to cause a noise problem and asked for a report regarding this. B. stated that the Ringling intersection at the Bayfront is open and working as of today. C. stated that the St. John's ordinance regarding nudity had been discussed for the agenda of the second meeting in December; that Vice-Mayor Pillot has requested that that take place during the second meeting in January. Mayor Gurney stated that he has had second thoughts about this matter occurring during a political race and that it could possibly dominate the political season and become a distraction from all the other issues that should be addressed during the election because this is a very polarizing type of issue. There was a consensus of the Commission to schedule this matter for their second meeting in January. D. stated that with regard to the Circus Task Force, that there is nothing the Commission needs to do right now; that it appears that the circus would like the new location to be comprised of approximately 40 acres; and that the Fairgrounds does not want something that big. 10. ADJOURN (AGENDA ITEM IX) #3 (0368 thru 0375) The Special City Commission Meeting of November 23, 1992 was adjourned at 10:15 p.m. ack Hinn - ) - - - a Jack Gurney, Mayor ATTEST: Tarya Bolel Nancy A. Royell, Deputy City Auditor and Clerk Book 34 Page 8883 11/23/92 7:00 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson, Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 707 Freeling Drive X CITY COUNTY OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ON W'HICH VOTE OCCURRED MY POSITION IS: ELECTIVE a APPOINTIVE November 23. 1992 X WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict ofi interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: Aj person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately tO the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORMI XB 10-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. Yous should complete the form and filei it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S NIEREST I, Nora Patterson hereby disclose that on November 23 19. 92 (a) A measure came or will come before my agency which (check one) X inured to my special private gain; or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: My husband's law firm represents Marina Jacks, a marina and restaurant located at the Bayfront la4/9a Mors Ateon Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B 10-86 PAGE 2