Book 34 Page 9052 02/01/93 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 1, 1993 AT 6:00 P.M. PRESENT: Mayor Jack Gurney, Vice Mayor Gene Pillot, Commissioners Fredd Atkins, David Merrill and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Jack Gurney The meeting was called to order in accordance with Article III, Section 9, of the Charter of the City of Sarasota, at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. PRESENTATION RE: EMPLOYEE OF THE YEAR FOR 1992 - OFFICER JACK SAPP OF THE MARINE PATROL UNIT, POLICE DEPARTMENT #1 (0000) thru (0206) City Manager Sollenberger and Police Officer Jack Sapp came to the Commission table. Mr. Sollenberger stated that Officer Sapp is the recipient of this year's "Employee of the Year" award; that Officer Sapp will be celebrating his 20th anniversary with the Police Department this year; that he has been an undercover narcotics officer, has worked in the SWAT Team, and that he is currently one of the city's marine patrol officers. Mr. Sollenberger continued that during the July 4th celebration at the Sarasota Bayfront, Officer Sapp averted a major tragedy and saved all passengers on board a water taxi that was taking on water; that Officer Sapp represents the finest of employees; and that he is very proud to have him as a member of the city police department and the City of Sarasota. Mayor Gurney read the placque's inscription which stated appreciation for Officer Sapp's unique pertormance with the City of Sarasota. Mayor Gurney also presented Officer Sapp with an official citation with the same inscription, as well as a Seiko watch. Officer Sapp's wife, Ann, and his mother, Vernell, and his youngest sister, Kitty, were recognized in the audience. 2. PRESENTATION RE: CERTIFICATE OF APPRECIATION TO OFFICER KEN HALPIN, RICK LEWIS, AND TIM MACIEJEWSKI IN RECOGNITION FOR ACTIVITIES ON BEHALF OF AN ILL CHILD, DANNY CUNNINGHAM #1 (0206) thru (0360) Police Chief Gordon Jolly; Officers Ken Halpin, Rick Lewis, and Tim Maciejewski; Police Officer Dan Cunningham and wife Jeannie Cunningham, and little Danny, came to the Commission table. Chief Jolly stated that Danny Cunningham was born with inoperable liver cancer; that most of his first year has been spent in the Children's Hospital in St. Petersburg, Florida; that overwhelming medical bills were sustained; that Officers Lewis, Maciejewski, and Halpin took matters into their hands by organizing a golf tournament and a raffle to benefit Dannyi and that, as a result, $20,000 was raised to assist with the medical bills. Mayor Gurney read the Certificates of Appreciation in honor of the three officers for their meritorious service to the community, and stated that the City of Sarasota and its citizens commend these officers for their exemplary spirit in caring for an ill child in a colleague's family in their time of need. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 93R-633, RECOGNIZING THE PASSING OF HOWARD O. "RED" ERMISCH, A FORMER DEDICATED EMPLOYEE OF THE CITY OF SARASOTA, AND AN OUTSTANDING CITIZEN OF THE COMMUNITY = ADOPTED #1 (0360) thru (0615) Mayor Gurney stated that on the 20th of January, 1993, the city lost a very special man who was a long time employee of the city and a citizen who reached out to a lot of people through the city's parks and recreation department, and also to others in the community who loved baseball; and that Red Ermisch was a friend to many. General Services Director Bob Gerkin, and Sports Facilities Director Pat Calhoun came to the Commission table to assist Mayor Gurney in the reading of the memorial resolution. Mr. Gerkin stated that Red Ermisch is known for his faithfulness and dedication as a city employee as well as his leadership abilities throughout the community; that Red was instrumental in the planning and development of much of the city's recreational facilities; that he exerted tireless efforts in keeping Payne Park one of the most beautiful spring training baseball facilities in the state of Florida; that he loved life, his job, sports, and kids; that he could be just as intense over a peewee baseball game as negotiating a contract with the Chicago White Sox; and that the city, the community, and all of his friends will miss Red Ermisch. Book 34 Page 9053 02/01/93 6:00 P.M. Book 34 Page 9054 02/01/93 6:00 P.M. Mr. Calhoun stated that he knew Red Ermisch as a friend and colleague; that Red gave him the understanding that if you really care for people then they will respect you in return whether they care for you as a person or not; that Red said that your greatest wealth and your greatest challenge will be the people that you surround yourself with; and thanked Red's brother, Ed, and wife, Wanda, for what Red has done in his life. Mayor Gurney, Mr. Gerkin, and Mr. Calhoun read aloud the memorial resolution recognizing the passing of Howard O. "Red" Ermisch, as an outstanding citizen of the community; and that the duly assembled City Commission paused to recognize his passing; that Red Ermisch came to Sarasota in the late '40's as a charter member of radio station WKXY which hired him to broadcast exhibition games for the Boston Red Sox; that he was also widely known as a public address announcer at the Chicago White Sox games from 1960 until 1991; that Red Ermisch joined the City of Sarasota Recreation Department in 1957 and retired as its director in 1925; and that he will always be remembered for his bright smile, colorful clothes, jokes, and numerous real life stories of his days as a minor league baseball player and manager, and for his kindness and consideration for all people. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve Memorial Resolution No. 93R-633. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Wanda Ermisch and Ed Ermisch came to the Commission table to receive Memorial Resolution No. 93R-633. 4. CHANGES TO THE ORDERS OF THE DAY #1 (0615) thru (0655) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add to Consent Agenda No. 2, Item No. III-B-5, Approval Re: Resolution No. 93R-636 regarding the Municipal Election to be held on March 9, 1993, for the purpose of electing two Commissioners At-Large for a term of four years, at the request of City Auditor and Clerk Robinson. B. Please remove from Scheduled Presentation, Item No. V-1, Presentation Re: Request for conceptual approval to coordinate development of a nature trail/natural area around the retention pond in Payne Park, per the request of Ms. Ellen Maloff, Releaf Sarasota. C. Add to Unfinished Business, Item No. VII-4, regarding the Main Street Project, at the request of City Manager Sollenberger. D. Add to New Business, Item No. VIII-4, Approval Re: A request to expand the Senior Friendship Center, Inc., existing parking lot, at the request of City Manager Sollenberger. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 5. APPROVAL OF MINUTES - APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 19, 1993 = APPROVED (AGENDA ITEM I) #1 (0655) thru (0665) On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve the minutes of the Regular City Commission meeting of January 19, 1993. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 6. BOARD ACTIONS REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OF JANUARY 6, 1993 PS&D PLAN 93-D APPROVED; ORDINANCE NO. 92-3624 - - SET FOR PUBLIC HEARING BEFORE THE PLANNING BOARD; NEWTOWN (CBN) REZONING = SET FOR PUBLIC HEARING WITH STIPULATION OF A TOWN MEETING TO BE HELD ON FEBRUARY 25, 1993; ORDINANCE NO. 93-3661 SET FOR PUBLIC HEARING; HOUSES OF WORSHIP IN CSC-C ZONE DISTRICT STAFF TO STUDY AND REPORT BACK TO PLANNING BOARD; REPORT RE PLANNING BOARD REGULAR MEETING OF JANUARY 6, 1993 RECEIVED (AGENDA ITEM II-1 #1 (0665) thru (1395) Jane Robinson, Planning and Development Director, and Berta Lefkovich, Planning Board/Local Planning Agency Chairman, came before the Commission. Ms. Lefkovich presented the following items from the regular meeting of January 6, 1993: A. Preliminary Site and Development Plan 93-D to permit construction of a marine mammal research center for Mote Marine Laboratory in the G Zone District Located at Ken Thompson Park. Ms. Lefkovich stated that the Planning Board finds Preliminary Site and Development Plan 93-D consistent with the tree protection Book 34 Page 9055 02/01/93 6:00 P.M. Book 34 Page 9056 02/01/93 6:00 P.M. ordinance; that the Board approved the plan and that slides are available for review. Mr. Sollenberger stated that he endorses the Planning Agency's recommendation for approval. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to affirm the administrations's recommendation to approve Preliminary Site and Development Plan 93-D. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. B. Ordinance No. 92-3624 Tree Protection Ordinance Ms. Lefkovich stated that the Planning Board recommends that this ordinance be set for public hearing before the Planning Board, at their regular meeting of March 3, 1993. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to authorize the Planning Board to hold a public hearing at their regular meeting of March 3, 1993. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. C. Proposed Commercial Business Newtown (CBN) New Zone District Ms. Lefkovich stated that there were eight actions on this matter. Ms. Robinson stated that since the Planning Board meeting in January, the Planning Department has also met with community leaders in Newtown; that it may behoove the City to hold another public meeting prior to the Commission's public hearing on this issue; that, with the Commission's approval, a meeting will be scheduled for February 25, 1993, at the Newtown Center. Commissioner Atkins asked that all of the actions be read aloud so that those present will be advised and may be prepared prior to the February 25, 1993 meeting, and stated that he hoped input could be received for a commercial business plan acceptable to those most affected by it. Ms. Lefkovich stated the following approved actions by the Planning Board: add hardware stores, consignment shops, and veterinarians with no outdoor kennels or runs to the list of retail outlets; add radio, TV and small appliance repair, duplication and copy services to the list of service establishments; add the definition of floor area ratio to the definition section; change the language in Sec. 8-72 to read, "the height of a building in the CBN district shall not exceed 35 feet"; incorporate a multiple-family dwelling parking standard in the CBN zone district; incorporate into the ordinance, where applicable, a provision which would delete the requirement of installing bushes between the parking area and right-of-way, and plant with grass or ground cover; that the Planning Board finds the proposed ordinance to establish a CBN zone district consistent with the Sarasota City Plan; that the Planning Board recommends adoption of the amended proposed ordinance to establish a CBN zone district; and that the Planning Board recommends to the Commission that the city initiate a comprehensive rezoning affected by the CNB zone district On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to set the CBN zone district for public hearing with the stipulation that there will be another community meeting on February 25, 1993, at 7:00 p.m., prior to the Commission's public hearing. Commissioner Patterson stated that she has serious reservations in deleting the terms of any parking requirements for buildings of 3,000 square feet or less; that in observing other commercial districts that are also neighborhood oriented the parking is clearly not adequate; that the parking extends into the surrounding neighborhoods and creates problems; that the lack of parking seriously impacts the future success of the businesses; that this may create a problem for the future; and cited the Sarasota Memorial Hospital area as an example. Ms. Lefkovich stated that Dr. Martin Luther King, Jr. Way is a very pedestrian oriented street, and that people are walking more than using their cars in this area. Commissioner Atkins stated that this is a special situation that requires special impetus to create a viable business district; that Book 34 Page 9057 02/01/93 6:00 P.M. Book 34 Page 9058 02/01/93 6:00 P.M. the hospital area is very different from this business district; and that this ordinance is to activate economic development in the area. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved that the Dr. M. L. King Way, Jr. parking issue, as it relates to the 12 a.m. to 6 a.m. parking on Dr. King, Jr. Way, between Orange Avenue and Route 301, be added to the CBN zoning district community meeting of February 25, 1993, so that both issues may be addressed at that meeting. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. D. Parking Lots on Dr. Martin Luther King, Jr. Way Ms. Lefkovich stated that the Planning Board finds the proposed parking lot concept consistent with the Sarasota City Plan; that the Planning Board recommends that the Commission direct administration to research an appropriate design and location for parking lots and examine the feasibility of placing the costs in the five year capital improvements program with the following stipulations: Explore larger lots only and expedite the development of one lot. Ms. Lefkovich stated further that the Planning Board recommends that an appropriate parking program be developed for the lots and that a workshop be held regarding this issue. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to affirm the Planning Board's recommendation. Ms. Lefkovich stated further that each of the following issues will be included in the Newtown Community hearing of February 25, 1993: CBN zone district, parking restrictions parking lots, and the houses of worship. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. E. Ordinance No. 93-3661 Amendment Small Scale Development Activities (SSDA) Ms. Lefkovich stated that the Planning Board recommends that the Comprehensive Plan Amendment Procedures Ordinance No. 93-3661 be amended to include the Small Scale Development Activities process. Mr. Sollenberger stated that he supports the recommendation. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved that Ordinance No. 93-3661 be set for public hearing. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. F. Houses of Worship in CSC-C Zone District Ms. Lefkovich stated that the Planning Board requests the Commission to direct staff to study the issue and report back to the Planning Board; and that this is a code amendment to allow houses of worship to occupy space in shopping centers. Ms. Robinson stated that houses of worship are being studied on a city-wide basis; that that issue arose in Newtown because of the number of small churches that have been unable to expand due to non-conformance; that presently a minimum of two acres is required within which to have a church; that a report is forthcoming on this matter; that there are ramifications involved when churches are allowed in houses and neighborhoods; and that there are concerns regarding the reduction of the two acre requirement. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to affirm administrations recommendation to request staff to study the issue and report back to the Planning Board. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to receive the report of the Planning Board/Local Planning Agency's regular meeting of January 6, 1993. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 7. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD REPORT OF JANUARY 12, 1993 AND BOARD REPORT OF FEBRUARY 1, 1993 PETITIONS 93-HD-05 AND 93-HD-06 = TABLED UNTIL FEBRUARY 16, 1993, COMMISSION MEETING AND ADMINISTRATION TO OBTAIN FURTHER INFORMATION FROM OWNER: PETITION 93-HD-09 SET FOR PUBLIC HEARING; PETITION 92-HD-06 WITHDRAWN; HISTORIC PRESERVATION BOARD REPORTS OF JANUARY 12, 1993 AND FEBRUARY 1, 1993 = RECEIVED (AGENDA ITEM II-2) Book 34 Page 9059 02/01/93 6:00 P.M. Book 34 Page 9060 02/01/93 6:00 P.M. #1 (1395) thru (2295) Planning and Development Director, Ms. Jane Robinson; Chief Planner, Mr. Al Barrett, and Historic Preservation Chairman, Mr. Whit Rylee; came to the Commission table. A. Petitions 93-HD-05 AND 93-HD-06 structures at 1365 and 1375 Fruitville Road. These structures are of the S. T. Humber House built 1905 and the Whitaker-Smith livery stable built in 1880. Mr. Rylee stated that he abstained from voting on Petitions 93-HD-05 and 93-HD-06 before the Historic Preservation Board (HPB) due to a conflict of interest. Mr. Rylee continued that the HPB recommended approval of the petitions; that city staff recommended no action on either structure until the issue of existing code violations has been resolved; that the question is whether or not these structures are historic; and that the owner is moving forward in good faith and is attempting to arrange lease situations. Ms. Robinson stated that administration felt it was contradictory to designate something that the applicant may be demolishing; that the best approach is to delay action and designate after the decision is made to save the structures. Commissioner Patterson stated that is seems contradictory to move ahead with the public hearing process prior to a decision being made on the structures. Vice-Mayor Pillot stated that if the hearing is conducted and the public speaks out in favor of this preservation it could have a positive impact on the owner; that, otherwise, if the Commission remains uncertain and holds off, then it may carry an incorrect message that the Commission is disinterested; that he recommends proceeding with the public hearing and allowing the owner to hear the community feelings. City Attorney Taylor stated that he is reluctant for Mr. Rylee to become an advocate for his client (the petitioner) at this point. Mr. Rylee agreed. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to table the decision on setting the petitions for public hearing until the Commission meeting of February 16, 1993, and ask administration to obtain further communication from the owner. Motion carried (4 to 1) : Atkins, yes; Merrill, yes; Patterson, no; Pillot, yes; Gurney, yes. B. Petition 93-HD-09 1624 Hillview Street Mr. Rylee stated that this petition is presented under Criteria D which is an important architectural style; that this is a 1921 homestead style building that has little architectural merit in the two dissenting voters' opinions; and that this structure came under no other association with historic persons, events, or trends. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to set Petition 93-HD-09 for public hearing. Motion carried (4 to 1) : Atkins, no; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. C. National Register Nomination El Patio Apartments, 500 North Audubon Place Mr. Riley stated that he abstained from voting on this matter also; that the City of Sarasota, as a certified local government, has an opportunity to make a recommendation to the State Historic Advisory Council on whether or not a building should be considered eligible for listing on the national register; that this property was designed by Lillius Piper in 1926; and that it is an example of the spanish colonial style building. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to affirm the Planning Board's recommendation to support the proposed nomination. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Commissioner Patterson stated that she wished to make an. informal request that Mr. Riley have his Vice Chairperson or someone else from the Historic Preservation Board come before the Commission as an advocate when he has a conflict of interest; that it becomes difficult to separate the professional and advisory board roles; and that she finds the situation uncomfortable. D. Petition 92-HD-06 The Dr. George Day House, 451 Woodland Drive Mr. Riley that the historic designation of this property has been in limbo for approximately seven months; that some work has taken place since the Historic Preservation Board voted to recommend designation; that some items on the preliminary certificate permit may not be approved; and that this petition has now been withdrawn by the owner. Ms. Robinson stated that the applicant no longer wishes to be designated per his telephone call to the Planning staff today; that Book 34 Page 9061 02/01/93 6:00 P.M. Book 34 Page 9062 02/01/93 6:00 P.M. this was placed on hold due to the legal process relating to the school threat in that neighborhood; and that this was pulled before the Historic Preservation Board made a report to the Commission. Mr. Rylee stated that his concern is that this may return to the Commission in four months without the HPB having an opportunity to see the altered building. Mayor Gurney stated that the Commission will address the matter if it comes up in the future; and that the Commission will take no action at this time. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to accept the Historic Preservation Board report and minutes of its January 12, 1993, and February 11, 1992, meetings. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Mayor Gurney stated that several meetings ago, the Commission denied a special exception to a couple who wanted to place a psychology office at 310 S. Osprey Avenue; that he has asked the owners if, rather than attaching the special exception to the building and land, if they would be willing to enter into a contract with the city and terminate the special exception when the business ceases to exist. Mayor Gurney continued that the owners have reconsidered and would be willing to do that; that he is giving notice that he will move at the February 16, 1993, meeting to rescind the Commission denial of that petition to permit the counseling facility at 310 South Osprey; and that if the owners are willing to go along with the contractual obligation he will be willing to support it since he was the swing vote previously. 8. PUBLIC HEARING RE: SPECIAL EXCEPTION PETITION NO. 92-SE-7, EXCURSION AND TRANSIENT BOAT TO PERMIT ACCESSORY USES IN THE SARASOTA OUAY BOAT BASIN ENGINEERING STAFF TO REVIEW DRIVEWAY ALTERNATIVES ON BOULEVARD OF THE ARTS AND REPORT TO PLANNING DEPARTMENT CONTINUED UNTIL MARCH 1, 1993, COMMISSION MEETING (AGENDA ITEM IV-1) #1 (2295) thru #2 (2040) Mayor Gurney requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. Deputy Planning and Development Director Mike Taylor, and Attorney for the petitioner, John Brown, of Brown, Clark and Walters, came to the Commission table. Mr. Taylor stated that the petitioner, Sarasota Quay, previously requested a special exception to allow various types of excursion boats to operate for such uses as overnight docking, water taxis, pleasure boat rentals, charter boats, yacht brokerage, and a dinner boat; that the Planning Board recommended the approval of Special Exception 92-SE-7 without the dinner boat and subject to five stipulations: 1. Petitioner will withdraw special exception 86-SE-20 (Donzi Boats). 2. The proposed exception shall be limited to specific uses as identified on Exhibit A as follows: a. 8 transient slips (stays less than 6 hours intended for use by Sarasota Quay patrons); b. 8 commercial excursion slips (maximum of 6 passengers per boat). 3. At the discretion of the Building Director, a commercial excursion boat may be allowed a capacity greater than 6 passengers by transferring the capacity of one commercial excursion slip to another. However, a commercial excursion boat may not exceed 12 passengers. Should a commercial excursion slip's capacity be fully transferred to another commercial excursion slip then that slip may be utilized as a transient slip. The purpose is to provide flexibility while ensuring that parking is adequate. 4. In order to accommodate the proposed special exception uses, the petitioner will construct at least 35 new permanent parking spaces for use by patrons of Sarasota Quay. Access to the parking area proposed by the petitioner, labeled as Exhibit B, at U.S. 41, between 4th Street and Boulevard of the Arts, shall be limited to one existing curb cut at 4th Street and closure of all alley cuts except for the northern most curb cut in the alley near Boulevard of the Arts. In addition, the western edge of the entire parking area between 4th Street and Boulevard of the Arts shall have a 6 foot high fence and landscaping with the design of the entire parking area subject to CPTED (Crime Prevention Through Environmental Design) review by city staff. Book 34 Page 9063 02/01/93 6:00 P.M. Book 34 Page 9064 02/01/93 6:00 P.M. 5. The proposed special exception shall not become effective until the parking lot is operational as described in condition No. 4 above. Commissioner Merrill left the Commission chambers at 7:17 p.m. Mr. Brown stated that he is appearing on behalf of the petitioner; that Mr. Paul Strader of Sarasota Quay was unable to attend; that the petitioner is in complete agreement with the staff recommendations and is prepared to accept this Board's approval with those limitations; that Mr. Strader has attempted a general agreement that would be acceptable to the residents regarding the uses; that this has reduced and refined the uses even more than has been discussed. Mr. Brown continued that the current proposed acceptable uses have been placed in a memorandum for review; that the only remaining point of contention to be resolved is the enforceability of the imposed uses in the area and the ability of the Quay to manage and handle the tenants' conduct. Commissioner Merrill returned to the Commission Chambers at 7:29 p.m. Vice-Mayor Pillot stated that he will not vote for four slips utilized for permanent yacht brokerage; that this provides too great a benefit to one function and would interest a very small number of people as contrasted to the thousands of tourists wishing to visit the area; and that this would be reserving approximately half of the permanent slips for that type of commercial purpose. Attorney Taylor stated that the eight slips available for commercial use would be up to the auspices of the Quay to approve or disapprove, and any mixture within the limit defined; that if an operating boat is found to be illegal it would be up to the Quay to allow them to use one of their 8 slips; and that a yacht broker could use all 8 slips if the Quay so chose. Vice-Mayor Pillot stated that he finds this type of carte blanche decision making by Quay management totally unacceptable. Mayor Gurney opened the public hearing. The following people came before the Commission: Mr. John Burwick, 928 Boulevard of the Arts, representing himself, came to the Commission table and stated that he is a fairly new resident of the area; that any undertones to do away with the water taxi are harmful to all parties; that some people say that the water taxi keeps people up at night; that he is moving there in a few months and he personally takes no exception to the use by the existing operator of the water taxi, of which he has no interest directly or indirectly. Mr. John Meshad; representing the 888 Boulevard of the Arts Resident Board and various associations. and Mr. Phil Dasher, 926 Boulevard of the Arts, representing 888 Boulevard of the Arts, came to the Commission table. Mr. Meshad stated that Mr. Dasher has devoted much time and effort to create a consensus with the Quay; that the basin is privately owned; that "888" owns to the center line of the basin and the Quay owns property to the center line; that the surface of any navigable water is subject to other jurisdiction; that, however, this small boat basin is not viewed as public waterway and that he does not believe the Commission should be in the business of trying to open it up to the public; that this has been a very long and difficult battle between the previous owners and managers of the Quay and the residents; and that the new ownership at the Quay recognizes some of the uses requested, but there is a problem with sharing a very small intimate boat basin with a commercial enterprise. Mr. Meshad continued that the memorandum submitted represents the consensus subsequent to five public hearings; that the rights of the public have not been considered in that agreement and they do not believe that they should; that the only outstanding issue in this contentious matter is the licensing and revocation proceedings for the abusive activities; that they would like for the special exception to have a provision of expiration or merging into the new ordinance, so that the special exception will expire when the new ordinance is official. Vice-Mayor Pillot asked why this matter is before the Commission if the basin is privately owned. City Attorney Taylor stated that due to the structure of the zoning code, with the waters of Sarasota Bay and its environs being placed in the marine park zone district, which is a recreational type of zoning, any commercial activities conducted within that zone are subject to the special exception process. Vice-Mayor Pillot asked if the Commission has the right to limit the number of a particular type of craft used in the 16 spaces. Attorney Taylor stated that he believes that the Commission has the authority and may be concerned with this particular mix in terms of the criteria of the code to determine whether something is appropriate to the area; that if the Commission finds that the uses proposed for this particular site would have an adverse affect then it would be appropriate for the Commission to make that finding; that a proposed use that adds excessively to the traffic impact would be a use which the Commission might find improper; and that there are standards concerning uses which would adversely affect Book 34 Page 9065 02/01/93 6:00 P.M. Book 34 Page 9066 02/01/93 6:00 P.M. property values in the area which may deter the improvement of adjacent property; that it is the petitioner's right to ask for a special exception but it must be supported by substantial evidence; that if it is not supported under the criteria of the code then the Commission has the ability to change it. Vice-Mayor Pillot asked that if the yacht brokerage is found to be appropriate may the petitioner choose to go 100 percent. Attorney Taylor stated the petitioner could do sO. Mr. Dasher stated that there are nine finger piers which produce 18 slips; that there are a number of uses that should be lumped together as inappropriate such as fishing boats, jet skis, and parasails; that the shuttle boat type of activity will bring people by water to the Quay without requiring additional parking; that in regard to overnight docking they intended to have non-live-aboards in a transient slip; that the prime concern is the general boating public with family that come to the Quay and they wish to keep as many of those slips open as possible; that they objected to the transferability of the melange of different types of uses and the transfer of capacity; and that, however, some of the specifications at the Quay were too restrictive such as the water taxi being limited to six passengers which would prevent the taxi from operating effectively. Mr. Dasher stated that the dive boat has been operating for over a year without a special exception; that there have been no complaints and it is not objectionable; that he has been in contact with Mr. Tom Sullivan, manager of The Hyatt, and hopes to resolve this matter; and that they would like to make the rules as simple as possible and create as broad an operation as possible, with due care for the manatee and ecology situation and noise. Mr. Dasher continued that he feels that (the agreement) is reasonable and is one that they can both live with; and that they are behind it. Mr. Len Schellhorn, P. 0. Box 131, Tallavast, Florida, representing Sarasota Water Taxi, and Mr. Charles P. Liff, 918 Boulevard of the Arts, representing Sarasota Water Taxi, came to the Commission table. Mr. Schellhorn stated that he and Mr. Liff own Sarasota Water Taxi; that they have been in business for one year and nine months; that they have a good record of moving passengers; that they are getting more calls than last year; that they have made a significant commitment of dollars and time to this project and to the community; that he has been a supporter of the special exception for the Quay from the beginning and still is; that in season and out of season a major part of the evening business is the on call pick ups from the keys to the various restaurants along the mainland; that almost all evening passengers are over fifty, are picked up for dinner and drinks; that the 10:30 p.m. restriction on the special exception means that the water taxi will not be able to return passengers after dinner since most do not finish dinner until 10:30 p.m. or 11:30 p.m.; and that with this restriction the water taxi will not be able to return to the Quay to return passengers home after dinner. Mr. Schellhorn stated that the Quay offers restaurants available to water taxi that people wish to go to; that they go by taxi for the ambiance of the boat ride; that the taxi regularly plies the canals on Bird Key, Longboat and Lido Keys well after 10:30 p.m. and has never received one complaint about anything, including engine noise, even though those canals are closer, and much more compact than those at the Quay; that the taxi engine cannot be heard for more than a few feet away; that they sell no liquor or food and have never had a problem with a passengeri that they are simply a means to a destination; that time restrictions on a dinner boat, parasailing, a commercial charter operation, and sightseeing is understandable from the very nature of their operations; but the same restrictions for the water taxi hurts everyone. Mr. Schellhorn stated further that the Bayfront, the Quay, and the whole water front is a community asset; that unwarranted restrictions on it hurts everyone; that the Quay and the community need this special exception to be approved; that, however, he asks that the water taxi be excused from the time restriction of 10:30 p.m. Commissioner Patterson stated that the time limit is actually 11:00 p.m. and there seems to be a compromise already on the table. Commissioner Patterson continued that her husband represents Mr. Liff; that as long as the water taxi was part of a much larger issue she was told it was appropriate for her to vote; that, now that the specific usage is being discussed she must refrain from that portion that pertains to the water taxi due to a conflict of interest specific to the water taxi. Mr. Schellhorn stated that everybody seems to be on the right track as to what is going on and what everybody wants; that all of the pieces are here; that he would suggest that due to boating terminology being used that many people may not be cued in to the boating community and the Coast Guard regulations and that it might be appropriate for more research on requirements. Ms. Robinson stated that the administrative recommendation has no time frame on the water taxi's operation; that the time frame was imposed privately between Sarasota Water Taxi and the Quay. Mr. Liff stated that the City's interest is paramount in all of this consideration; that the water taxi cannot operate with a time stipulation and they do not wish to be a part of the special Book 34 Page 9067 02/01/93 6:00 P.M. Book 34 Page 9068 02/01/93 6:00 P.M. exception; that they did not join in it although they do support it; that the special exception would be good except for the fact that due to the way it is written, the petitioner could do anything they wish; and that they could make it 100% brokerage which would leave everyone out in the cold, including Water Taxi, and including Mr. Dasher who has a motor boat across the way. Mr. Liff continued that he lives at 988 Boulevard of the Arts and stays there part of the time; that he believes that Mr. Dasher is representing only himself and his interests and nobody else; that he knows six or seven other occupants that are not in accord with Mr. Dasher; that he believes that Mr. Dasher wants a private water way; that it is not a private water way and should yield only to the interests of the city; that other cities such as Annapolis, New York, Philadelphia, and Boston all have water taxis or have successfully developed the watertront in a way that is good for their city; that the City of Sarasota should do the same here; and that while he does not live here year round he does love the city and thinks it is a marvelous place. Mr. Robert Payne, 888 Boulevard of the Arts, came to the Commission table and stated that he lives in an end unit on the far south end of the building; that the unit opens up on the basin and on the channel; that he sees what is going on; that when he moved in prior to the new management at the Quay there were manatees which are not there now; that the manatees used to play and feed in the channel; that he sees oil all over the water (and submitted photographs); that 90% of the boats that travel through the area exceed the "no wake" restrictions, including the water taxi; that cigarette boats come through that make a lot of noise and must exceed the noise code; that there is water and noise pollution; and that this marine park has been made a mess with more stress on the environment instead of less stress. Mr. Jack Conway, 528 El Vernona, representing Larchmont Condominium Association, came to the Commission table and stated that there are four condominium associations with a combined 48 units; that they are neighbors and residents of this matter; that the alley behind 32 of the apartment units is their access; that it is hoped that this matter is settled amicably between the "888" folks and the Quay; that they are not bothered by the noise; and that the problem is the imposed additional parking that is required as a result of this special exception being favorably acted on. Mr. Conway continued that, per his discussions with those involved, they wish to ensure exit and egress only at 4th Street and the Boulevard of the Arts and that the alley not be a thoroughfare; that he thought he had an agreement that there would be an additional 6 foot fence extending from 4th Street to the Boulevard of the Arts, and that there would be a landscape sound buffer; that the biggest concern is pedestrians walking between the buildings to the Quay; that there have been break-ins on the sides of the buildings; that they want to be sure there is a security fence the full length of the alley that isolates this parking from their buildings; and that when one exits on Boulevard of the Arts, it would have to be posted as "right turn only" because this is a solid median strip. Mr. Conway stated that he is rather stressed to find that the opening that is to be on the alley will become the exit for the whole parking lot at that end; that people will be able to go either way; that that exit is immediately behind the building that he lives in; that if everything is being amicably addressed and if attention is focused on this problem between now and the next time this question comes before the Board, then it may be solved as well. Mr. Conway stated further that there has been much construction in the area over the last ten years; that the alley has been beaten to death; there were original commitments from builders that the alley would be restored; that there is a residual problem of the repair of the alley; and that this may be a city problem and he would like to discuss this with the appropriate people regarding the resurfacing of this. There was no one else to speak and the public hearing was closed. Deputy Planning and Development Director Mike Taylor, and Assistant City Engineer Asim Mohammed, came to the Commission table. Mr. Mohammed stated that a driveway was not recommended on the Boulevard of the Arts due to its close proximity to the intersection with U.S. 41; that this is not a final decision, and that an alternative can be reviewed and reported to the Planning Department. Mr. Taylor stated the fence by the alley is part of the required stipulation, with a landscape buffer down the entire west side; and that on the east side there is a code requirement of a two foot high wall or hedge and a tree every fifty feet. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to continue this matter until the March 1, 1993, Commission meeting. Motion carried (5 to 0): : Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3654, AMENDING CHAPTER 30, SARASOTA CITY CODE, TO DELETE CERTAIN STREETS DESIGNATED THEREIN; MAKING FINDINGS AS TO NEED; REPEALING ORDINANCE IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE Book 34 Page 9069 02/01/93 6:00 P.M. Book 34 Page 9070 02/01/93 6:00 P.M. PARTS HEREOF; ETC. - PASSED ON FIRST READING (TITLE ONLY) (AGENDA ITEM IV-2) #2 (2040) thru (2125) Assistant City Engineer Asim Mohammed came to the Commission table and stated that this proposed ordinance is to remove Hyde Park Street, as well as Irving and Conrad Streets, from the city's thoroughfare plan and designate them as local streets. Mayor Gurney opened the public hearing. There was no one to speak and the public hearing was Closed. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3654 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to pass on first reading Proposed Ordinance No. 93-3654. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3660, AMENDING THE ZONING CODE TO ALLOW HOME OCCUPATIONS AS PERMITTED ACCESSORY USES IN THE RSF, RMF, AND OPB ZONE DISTRICTS; REQUIRING A PERMIT FOR HOME OCCUPATIONS IN THE RSF, RMF, AND OPB ZONE DISTRICTS; MAKING FINDINGS; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-3) #2 (2125) thru (3610) Planning and Development Director Jane Robinson, and Deputy Planning and Development Director Mike Taylor, came to the Commission table. Mr. Taylor stated that the rules currently require that a home occupation receive a special exception, a Planning Board public hearing, and a $1,000 fee; that the process takes two to three months; that the amendment would eliminate the special exception requirement for someone seeking a home occupation; and that the key to this discussion is the definition for a home occupation. Commissioner Merrill left the Commission chambers at 8:30 p.m. City Attorney Taylor stated that there have been changes made to the proposed ordinance regarding traffic generation, regarding the permitting process, and permit issuance. Attorney Taylor continued that the fine line between who is required to pay a fee is a very difficult distinction to draw; that in amending the city code the standard is that a business which does not generate traffic and does not advertise its location would be deemed not to be engaging in a business and exempt from the occupational license requirement. Attorney Taylor stated that the range of most home occupational license fees is $25 to $42 for a year. Vice-Mayor Pillot left the Commission chambers at 8:35 p.m. Commissioner Patterson stated that if this ordinance is passed and left to the good sense of the Building Department that this will all work out to impact no one. Attorney Taylor stated that all that has been stated in the proposed ordinance is that someone must make the distinction between what home occupations should have an occupational license fee and which ones should not, which could be handled administratively based upon a memorandum on how to draw the distinction between what occupations really are engaging in a business and which ones really are not. Mr. Sollenberger stated that this could be handled through an issuance of an administrative regulation. Commissioner Merrill and Vice-Mayor Pillot returned to the Commission chambers at 8:40 p.m. Mayor Gurney opened the public hearing. The following people came before the Commission: Sister Jennifer X, 3110 N. Goodrich Avenue; Mr. China Smith, 2511 N. Pershing Avenue; and Mr. Lance Shabazz, 1831 Dr. Martin Luther King, Jr. Way, representing Fish & Crab Supreme, came to the Commission table. Sister Jennifer X stated that the attorney made some very good points about the minuteness of the home businesses; that she is speaking in relation to the affect on her community which has the poorest people in this county trying to do something for themselves; that it seems that home occupations is reminiscent of "no spitting on the sidewalk" or the "no throwing trash on the sidewalk" rules of the sixties; that it seems that this could be happening in her community if someone decides to do a piano lesson or her son to mow a lawn; and that there will be no problems if it is kept to the minuteness of the matter. Commissioner Patterson stated that the purpose for bringing this matter to the Commission was not to expand city interference; that this was brought before the Commission for the reverse intention which would allow these things to take place that are unnoticed, which is the way they should be. Book 34 Page 9071 02/01/93 6:00 P.M. Book 34 Page 9072 02/01/93 6:00 P.M. Mr. Smith stated that as a child he used to make money cutting grass sO he could go to the fair; that if that is taken away from the community the kids will get into other things; that he is pleased with how the Commission is working this out because it would bring a big problem among people that have no money. Mr. Shabazz stated that he is here regarding the zoning, the complaints, the parking, and the loitering; that the Commission was supposed to deal with this and Commissioner Atkins took it off the agenda; that they came in opposing the closing of Dr. Martin Luther King, Jr. Way at 12 O'clock, and the loitering, and no parking. Mayor Gurney stated that these issues were discussed earlier this evening and that it was moved that they will be addressed again at a public meeting in Newtown on February 25th, so that everyone would have an opportunity to provide input; and that this matter will then return to the Commission table. Mr. Shabazz stated that he is still concerned with it because even today some of the loitering laws were enforced in running some patrons out of a lot that was used for standing around and drinking beer and socializing; that the kids here are the youngsters who hang in the area between Gillespie, Links, Osprey, and Maple; and that they will be hassled the same way because they have been very peaceful. Mr. Shabazz continued that they have started enforcing and clearing out people that stand around in lots in certain areas. Mr. Sollenberger stated that this may be part of the trespass program and perhaps the Public Safety Director can review this with the people. Mayor Gurney stated that they may return to the Commission table during the Citizens' Input portion of the meeting. Matthew Barksdale, 2835 Church Avenue, came to the Commission table and stated that he would similarly like to talk about the harassment on Dr. Martin Luther King, Jr. Way and that the endangerment is that they claim the young people incriminate in the area. Mayor Gurney stated that this is not the issue at the moment. Mr. Barksdale stated it is similar; that he has been living here for thirty years; that the policemen pull some of the people's Clothes down in front of young kids which is inappropriate; that they laugh about it and claim that they are doing their duty; and that he was almost hit about two weeks ago by a police car that was being driven with the lights off. Mr. Barksdale continued that on certain days the police don't do anything; that on other days they make you move from one lot to another; that on other days they don't mess with you anymore; that they do not want to give the wrong impact to the white community that the black people need to have a curfew and that they need baby sitters; that if the young people have no place to go, then all they have is Dr. Martin Luther King, Jr. Way and that if they had a place of their own with a paid policeman to supervise the parking area they would have a place to go to. Mr. Doug Patterson, 2469 Waldemere Street, came to the Commission table and stated that he and his wife just moved to the city a few weeks ago; that he fully supports the position that if a business is not making a lot of noise, and if there are no commercial vehicles, that it should be allowed; and that accountants and computer programmers are not even visible from the street and he just wanted to support that. Mr. Gerald Hill, 5415 DeSoto Place, representing Juan Bernuy, came to the Commission table and stated that the Commission seems to have solved this matter; that Mr. Bernuy is the type of new entrepreneur and new citizen in this country that is direly needed; that he is a highly valued employee; that he wished to establish a driving school for other hispanic people in the area who have trouble understanding the requirements; and that he is very pleased that the Commission has solved this in a very quick and expedient way. Ms. Joyce Borders, 1375 Myrtle Street, came to the Commission table and stated that she wished to thank the Commission for their leniency because she has a home based office; that her business deals with scholarships and grants for all the children of the community; that, hopefully, in a few years she will be able to branch out on her own and be able to help everyone; that a mind is a terrible thing to waste; and that she thanks the Commission for their actions. There was no one else to speak and the public hearing was Closed. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3660 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 93-3660 on first reading. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3663, REPEALING CHAPTER 9, AUCTIONS AND AUCTIONEERS PROVIDING FOR Book 34 Page 9073 02/01/93 6:00 P.M. Book 34 Page 9074 02/01/93 6:00 P.M. SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-4) #2 (3610) thru (3770) Finance Director Gibson Mitchell came to the Commission table and stated that this is a housekeeping ordinance; that Chapter 19 of the City Code requires the city to collect an occupational license tax of $800 against any auctioneer who maintains a permanent business, location, or branch office within the city; that City Code Sec. 9-16a requires that an occupational license tax be levied on every person engaging in the auctioneer business within the city, whether permanently established or not; that there are three exemptions to this requirement; that, however, the Florida Statutes require that the auctioneer only needs an occupational license in the city in which the home operation is located; that the city code is in conflict with the state law; and that he is requesting that the Commission give consideration to deleting this section because Section 19 of the code already requires that everyone doing business in the city have an occupational license. Mayor Gurney opened the public hearing. There was no one to speak and the public hearing was closed. city Auditor and Clerk Robinson read proposed Ordinance No. 93-3663 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 93-3663 on first reading. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 12. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE PARTIAL REGULAR MEETING OF NOVEMBER 24, 1992; SPECIAL MEETING OF DECEMBER 22, 1992; AND REGULAR MEETING OF JANUARY 13, 1993 ART ON LOAN PROGRAM COMPENSATION FOR ARTISTS TO BE DETERMINED ON A CASE BY CASE BASIS; SOUTHGATE WATER TOWER DESIGNS ON SAMPLES ONE AND TWO TO BE MUTED AND SIMPLIFIED AND RE-PRICED AND PUBLICLY DISPLAYED FOR COMMENT PRIOR TO RETURNING TO THE COMMISSION FOR CONBIDERATION, A THIRD MODEL TO BE DISPLAYED THAT IS PLAIN BLUE OR BLUE AND WHITE - ALL THREE SAMPLES SHALL DISPLAY THEIR INDIVIDUAL COSTS; VAN WEZEL SCULPTURE RELOCATION REFERRED TO THE VAN WEZEL ADVISORY BOARD: TIMELY STAFF REPORTS TO PUBLIC ART COMMITTEE TO BE DISCUSSED DURING THE MASTER PLAN FOR AESTHETIC ENRICHMENT PRESENTATION TO THE COMMISSION: CITY ATTORNEY DIRECTED TO PREPARE APPROPRIATE DOCUMENTATION FOR THE LONG TERM LOAN OF THE FOUNTAIN SCULPTURE TO 1600 MAIN STREET; REPORTS RECEIVED (AGENDA ITEM II-3) #2 (3770) thru #3 (1570) A. Art-on-Loan Program Provisions Planning and Development Director Jane Robinson, and Public Art Committee Chairman Frank Colson came to the Commission table. Mr. Colson stated that the Public Art Committee (PAC) recommends that the Commission incorporate provisions to the Art-on-Loan Program to compensate the artist for transportation costs, insurance, installation, and plaques for works of art on loan to the City should such program be implemented. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve the administration's recommendation to deal with this issue on a case by case basis subject to the availability of funds. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. B. Southgate Elevated Water Tank Decorative paint scheme cost estimates Mr. Colson stated that the Public Art Committee selected and ranked three finalists: 1) Jack Notestein; 2) Craig Rubadoux; and 3) Carson Collins. (Models by each artist were brought forward to the Commission table.) Model choice number one by Mr. Notestein depicted bright colors of sails and sky; model choice number two, by Mr. Rubadoux, depicted a circular of dolphins; and model choice number three by Mr. Collins blended varying shades of deep blue and gold colors together. Mr. Colson continued that the cost estimates are as follows: Design A (#3) Collins $65,000 to $ 75,000 Design B (#2) Rubadoux $40,000 to $ 60,000 Design C (#1) Notestein $90,000 to $115,000 Mr. Colson continued that the piece by Mr. Notestein, out of all other preliminary pieces, was the only one submitted as a finalist; and that is why the Public Art Committee chose that particular Notestein art work; that a representative from the condominium located behind Burdines expressed a first preference for the Book 34 Page 9075 02/01/93 6:00 P.M. Book 34 Page 9076 02/01/93 6:00 P.M. Collins piece, second preference for the Notestein piece, and that no other public input has been received. Ms. Robinson stated that a representative from Southgate gave input also. Vice-Mayor Pillot stated that the public input he received indicated unanimously that the water tower ought to disappear; that his position is to vote for one that is painted as plain as possible with the intent to make it disappear into the sky as much as possible. Vice-Mayor Pillot continued that, regardless of how functional and artistic the job may be that repairs and touch ups will have to be made in the future which will be significantly more expensive than if the tower is painted a plain light blue by a non-artist. Mr. Colson stated that the undercoat would be of a weather proof type of paint of great duration; that the base color, such as an automobile epoxy which is durable in excess of 30 years, is then applied; that after the artistic work is done another clear sealer is applied; and that this would not last forever, but the best of materials would be used. Commissioner Atkins stated that this water tower will create another situation where it is being determined whether it is to one or another person's taste; that he will have problems with it; that he has a problem with the price tag; that it is his position that the Commission move on; that he would like someone to come up with a nice blue that blends in with the sky on most days; that there are several water towers in the city; that the next water tower that needs painting, if in his neighborhood, he will want to have sails on it also; that this would not be fair and he will have problems with it; and that the best way is to paint it a simple basic color. Commissioner Merrill stated that the water tower will not simply disappear; that if people in Commissioner Atkins' area want sails on a water tower to brighten up something that will not go away, then $50,000, as compared to the price of the bayfront of $3.5 million, is well worth it; that he would prefer something with more thought and creativity; and that he would like a public poll taken at Southgate Mall. Commissioner Patterson stated that the Commission should probably return to Mr. Notestein and ask him to take this design and bring it to approximately $50,000 for the Commission's reconsideration; that a water tower does not go away, such as the one at Gulfgate Mall; and that some decorative appeal would be much better. Mayor Gurney stated that he could not vote for a $100,000 painting for a water tower, but could in the $40,000 to $50,000 range; that he would like to do something with them that will make them more palatable but not in the $100,000 range or as bright as the Notestein rendering. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to take sample numbers one and two and ask the artist of number one to simplify that design to compare in price to choice number two, and to mute the colors back to what was basically originally submitted to the PAC, or something more like the drawings so that it stands out less; and bring them back to the Commission to determine how to obtain public input and whether those two choices meet with the Commission's satisfaction for public opinions. Commissioner Patterson stated that the intention is to bring the revision to the Commission and move from there. Commissioner Patterson stated that she agreed with Mayor Gurney's preference that the water tower samples be publicly displayed for comment prior to returning to the Commission table, and with the permission of the seconder of her motion, she so revised her motion. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to amend the motion to require a third option to be in the same public display; that a model be made within reasonable time and expense, painted as Commissioner Atkins and he had expressed, and that each of the three models display the cost involved; and that the third model be painted in such a way, with blues, or perhaps blues and whites, which are best calculated to blend with the sky. Mayor Gurney called for a vote on the amendment to the motion. Motion carried (4 to 1): Atkins, yes; Merrill, yes; Patterson, no; Pillot, yes; Gurney, yes. Mayor Gurney called for the vote on the main motion. Motion carried (4 to 1): Atkins, no; Merrill, yes; Patterson, yesi Pillot, yes; Gurney, yes. C. Van Wezel Performing Arts Hall - Sculpture relocation Mr. Colson stated that the Public Art Committee (PAC) recommends that the sculpture, Encore, by Paul Howard be relocated 50 to 100 north of its present site and that the base be painted. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to refer the PAC's recommendation to the Van Wezel Advisory Board. Book 34 Page 9077 02/01/93 6:00 P.M. Book 34 Page 9078 02/01/93 6:00 P.M. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Ms. Robinson stated that the statue is in the way of planned dredging that the Engineering Department is managing; and that the statue needs to be moved. D. Timely staff reports to the Public Art Committee Mr. Colson stated that the Public Art Committee (PAC) requests that the Commission direct staff to inform the PAC immediately upon any projects involving in form of public art. Mayor Gurney stated that the administration's recommendation is to discuss this further at the time the Master Plan for Aesthetic Enrichment is presented to the Commission, tentatively March 1, 1993. There was a consensus of the Commission in agreement with the administration's recommendation. E. 1600 Block of Main Street Relocation of a fountain sculpture Mr. Colson stated that the Public Art Committee (PAC) recommends that the fountain be located in the arcade of the business condominiums located at the 1600 block of Main Street; that this is one of the antique pieces of a small child holding a fish; and that the recommended location would be a nice visible area. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved that the administration's recommendation be approved to direct the City Attorney to prepare appropriate documentation stating the terms, including installation and maintenance, for the long-term loan of the fountain sculpture at the recommended site. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to accept the Public Art Committee's report of their Partial Regular Meeting of November 24, 1992; Special Meeting of December 22, 1992; and Regular Meeting of January 13, 1993. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 13. CONSENT AGENDA NO. 1 ITEMS 1, 3, 4, 5, AND 6 = - APPROVED: ITEM 2 APPROVED WITH STIPULATION (AGENDA ITEMS III-A-1, -2, -3, -4, -5, AND -6 #3 (1570) thru (1710) Mayor Gurney requested that Item No. 2 be removed for discussion. 1. Approval Re: Purchase of two (2) parcels on 7th Street for four (4) single family affordable homes, and transfer ownership to the Community Housing Corporation for $35,000. 3. Approval Re: Award purchase order contract for professional services to Venice Construction Cleanup, for Tree Trimming Service (Bid #93-37) 4. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with M & J Construction Company, for the Sidewalk Construction Project (R.F.P. #93-36) 5. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with Environmental Science and Engineering, Inc., for the Contamination Assessment Plan and Report (R.F.P. #93-19) 6. Approval Re: Set for public hearing proposed Ordinance No. 93-3650, amending Chapter 37, Water and Sewers, Article III, Industrial Pretreatment Program, by amending, deleting and adding certain definitions; modifying certain regulations for use of public sewers; permitting inspections by EPA Employees; modifying the Compliance Report and schedule requirements; requiring permit application certification; requiring certain record keeping; providing for publication of a list of significant non compliance; repealing ordinance in conflict; providing for severability of the parts hereof; etc. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to approve Consent Agenda Items 1, 3, 4, 5, and 6. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 2. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with David W. Johnston Associates, Inc., for the Landscape Architect's Annual Contract (R.F.P. # 93-33) Mayor Gurney asked if the process of bidding and obtaining a landscape contractor could be done on a multiple year basis rather than going through the process every year because such a yearly process is repetitive and expensive. Book 34 Page 9079 02/01/93 6:00 P.M. Book 34 Page 9080 02/01/93 6:00 P.M. General Services Director Bob Gerkin came to the Commission table and stated that the present agreement asks the engineer of record for the option of three continuous one year periods at the option of the city; that due to budgetary reasons, only one year may be approved at a time; and that this could be approved for a three year period subject to budgetary appropriation. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve this contract with the understanding that it can become a multi-year contract subject to renewal by both parties, on an annual basis. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 14. CONSENT AGENDA NO. 2 ITEMS 1 (RESOLUTION NO. 93R-634), 3 (ORDINANCE NO. 93-3649), 4 (ORDINANCE NO. 93-3664) AND 5 (RESOLUTION NO. 93R-636) ADOPTED; ITEM 2 (ORDINANCE NO. 93-3639) REMOVED FROM AGENDA (AGENDA ITEMS III-B-1, -2, -3, -4, AND -5) #3 (1710) thru (1830) Mayor Gurney requested that Consent Agenda Item No. 3 be removed for discussion. City Auditor and Clerk Robinson requested that Consent Agenda Item No. 2 be taken off due to the non-receipt of a utility easement that is required prior to second reading. 1. Adoption Re: Resolution No. 93R-634, appropriating $5,000 from the Special Law Enforcement Trust Fund (Forfeitures) for the purpose of funding various law enforcement training courses for members of the Sarasota Police Department 4. Adoption Re: Second reading of proposed Ordinance No. 93-3664, adopting a travel policy; repealing ordinance in conflict; etc. (Title Only) 5. Adoption Re: Proposed Resolution No. 93R-636, a resolution of the City Commission of the City of Sarasota, Florida, concerning the Municipal Election to be held on March 9, 1993, for the purpose of electing two Commissioners At-Large for a term of four years; setting forth the locations of polling places, names of clerks, inspectors and officers; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. 93R-634, proposed Ordinance No. 93-3664, and proposed Resolution No. 93R-636, by title only. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 4, and 5. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 3. Adoption Re: Second reading of proposed Ordinance No. 93-3649, amending Chapter 21, Sarasota City Code, Article V, pertaining to offenses against public morals, so as to add a new section to said Article V to prohibit nudity in business or commercial establishments; setting forth findings; defining terms; providing for enforcement and a penalty for violations; providing for the severability of parts hereof if declared invalid; etc. (Title Only) Mayor Gurney stated that he pulled this item in order to cast a "no" vote to be consistent with his previous vote. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3649, by title only. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to adopt proposed Ordinance No. 93-3649. Motion carried (3 to 2): : Atkins, yes; Merrill, yes; Patterson, no; Pillot, yes; Gurney, no. 15. CITIZENS' INPUT - - ADMINISTRATION TO MEET WITH VENDOR REGARDING AMICABLE LOCATION NEAR PINEAPPLE PARK - POLICE DEPARTMENT TO REPORT TO COMMISSION ON NOISE ORDINANCE VIOLATIONS IN NEWTOWN AREA COMMISSIONERS TO RECEIVE NOTICE OF NEWTOWN MEETING OF FEBRUARY 25, 1993 (AGENDA ITEM VI) #3 (1834 thru #4 (0190) Mayor Gurney requested City Auditor and Clerk Robinson to explain the Citizens' Input process. Mr. Robinson replied that at this time, any citizen can sign up to speak and come before the Commission to discuss any issues, with a five minute time limit. Mr. Hal Osthoff, 3675 Prudence Drive, representing himself, came to the Commission table and stated that he feels a great injustice is taking place against him; that he is a Code Enforcement Inspector with the city; that over the past several months he has had accusations made against him that have been proven to be false; that he has been wrongly and falsely accused of being mentally unstable; that he has had to visit a psychiatrist; and that he has had to hire an attorney. Mr. Osthoff continued that he was told to return to the psychiatrist again because someone said that he had gun magazines Book 34 Page 9081 02/01/93 6:00 P.M. Book 34 Page 9082 02/01/93 6:00 P.M. at home, which he did not have; that, again, the psychiatrist stated that he should return to work; that two jobs that he filled have been eliminated; and that now he is on an additional three months probation. Mr. Osthoff stated further that he has asked for reimbursement for his attorney fees and that his request has been rejected; and that he has incurred over $1,100 in attorney fees to fight against thousands of dollars that the city may have spent. Mr. Osthoff also stated that he has tried his best to go through all this in a professional manner; that he feels like he is in a witch hunt with having to prove that he is not dangerous after being accused of same; that his reputation is ruined in his department and he no longer has any authority or respect that he had prior to this time; that he has been an inspector for over twenty years; and that, at a minimum, he would like to be reimbursed for the fees spent; that it seems that the only way to get something done is to either get an attorney or come before the City Commission; and that he is just looking for some fairness. Mr. David Sadler, 2494 S. Milmar Drive, representing Hot Dog Vendor, came to the Commission table and stated that he and Kathy Rice are legitimate vendors in the downtown Sarasota area; that when they applied for a license they were assigned the 135 S. Pineapple Avenue which is now Pineapple Park; that their business was set up in compliance with all the rules and regulations of the city; that a few months later the zoning department told them they would have to relocate because the city would be constructing a park there and the insurance company would not allow them to be on site during construction. Mr. Sadler continued that they moved to a new spot down the street on a temporary basis; that they had a substantial decrease in business for their vending cart; that during this time the City occupational license was renewed with the same address; that during this time they were informed by one of the construction companies that there were two oversize pads of concrete poured for the utilization of vendors in the park. Mr. Sadler stated further that upon completion of the park they returned to their assigned address to resume business; that patrons were happy to have the convenience of their business there; that a representative of the zoning department returned to inform them they could not operate in the park due to a city ordinance concerning public commercial vending; that the city was encouraging vendors for Five Points Park; that they have never received a complaint; and that they believe their business to be a major asset and attraction to the park; and that they are requesting special permission, without bidding, to resume operations at the 135 S. Pineapple address. Deputy City Manager Schneider stated that the situation as described is accurate in terms of initially granting the occupational license for the right-of-way at the intersection of Pineapple and Lemon; that there is a provision in the city code that does not allow vending on public property; that the city attorney is in the process of preparing a proposed ordinance to regulate vending in the parks, per the previous request of the Commission; and that this proposed ordinance will provide the Commission with a basis to authorize vending in city parks. City Attorney Taylor stated that the proposed vending regulation ordinance could be returned to the Commission in the near future; that it has gone through a committee process already and that final revisions can be made and brought back in the near future subsequent to proper advertisement. Attorney Taylor continued that in the vending process the City has never sought to vest rights in citizens to lay permanent claims to what is otherwise public propertyi; that the occupational license gives absolutely no legal right to a specific ownership of location. Mayor Gurney stated that Five Points Park could be a very bustling park if there were a few things to draw people to it; that he would strongly encourage that the ordinance be brought before the Commission and that some policy be included for assigning locations in order to avoid competitive battles. Commissioner Patterson stated the city prerogative to change a vendor on a site should never be totally released, and asked if Mr. Sadler and Ms. Rice could be allowed to return to the right-of-way on a conditional basis until this ordinance is in effect and can be considered. Mr. Sollenberger stated that the administration will meet with Mr. Sadler tomorrow to work out an amicable location. Mr. Rick Chalker, 3877 Gatewood Drive, representing the Downtown Association, came to the Commission table and stated that he wished to update the Commission on the beautiful Bayfront celebration that took place; that they were celebrating the bringing of the Bayfront and the Downtown back together with the Ringling connecter; that questionnaire results taken during the celebration indicate that 80% like the new Bayfront park; that 6% were uncertain; and 14% said they did not like it. Mr. Chalker stated that there were a number of recommendations for things such as: more benches and backs on the benches; ashtrays; bicycle racks; restrooms; vendors on week-ends; picnic tables; permanent bandstand or amphitheater; repairing the lights at Island Park; flowers that bloom; and not to allow dogs in the park or to require dog owners to clean up after visiting the park. Book 34 Page 9083 02/01/93 6:00 P.M. Book 34 Page 9084 02/01/93 6:00 P.M. Mr. Chalker stated that some of the concerns expressed were: loss of the Banyan trees the arches at the entrance do not belong because they are too modern or Disney-like traffic patterns at the entrance more signage to alleviate confusion over exiting the parking area - non-native vegetation to be replaced Mr. Chalker also stated that some of these items are already being addressed by the Commission; and that, overall, everyone enjoyed themselves and there was a fantastic fireworks display. Ms. Irma R. Manigo, 1824 33rd Street, representing herself, came to the Commission table and stated that she has a serious problem with noise in her area; that there have been meetings for quite some time and there is no solution to the problem; that she has talked about the noise and they say they will do something but they don't; that there are people there with boom boxes in their cars; and that it is a terrible area around Osprey Avenue, Gillespie Street, to Myrtle Street. Ms. Manigo stated that the boom boxes have been there all day and all evening; that the problem is getting worse and the meetings are not helping to enforce the law and that something should be done; that someone from her area should be at the Newtown meeting where they will know exactly what is going on in her area all the time; and that she thanks the Commission for their protection. Commissioner Atkins stated that Ms. Manigo lives on a corner that serves as one of the turnarounds; that she is very negatively affected by the activity there; that she has been very consistent in her complaints and efforts in attempting to deal with the situation; and that what she has expressed is exactly right; that she was one of the motivators of the noise ordinance; that several tickets have been written; that perhaps a report should be made on the number of tickets in an effort to alleviate their problems. Commissioner Atkins continued that Ms. Manigo had the gusto to invite the City Commission to the February 25th meeting; and that it would be important for the Commissioners to become more familiar with the problems. Commissioner Patterson stated requested that the Commissioners receive a notice of the meeting so that the Commissioners may attend. Mayor Gurney stated that it seems to him that it should not be so difficult to control the situation, particularly since the noise ordinance has been revised; that whatever it takes to get the situation corrected is necessary in order to correct this terrible situation. Mr. Jessie Johnson, 1598 29th Street, representing himself, came to the Commission table and stated that he came to talk about police brutality; that he has come in before and nothing was done; that last Tuesday two police officers pulled up behind him when he stopped to give a young man a ride that had been working with him; that the officer asked him why he was parked there; that there are no signs stating one cannot park on Dr. Martin Luther King Jr. Wayi and that he was asked to move and did so to avoid a hassle with the police. Mr. Johnson continued that situations have been discussed but the problems still exist from one city manager administration to another; that he moved on to avoid a hassle; that the next day he called Police Chief Jolly who told him he was just imagining something; that he does not understand this; that he has seen the Commission making all kinds of laws; that he has seen the police come out and do things to people and nothing is done about it; that he has told others to come and talk about it; that now he finds himself getting very angry about it; and that that is why he has to come in to talk about this. Mr. Johnson stated further that there needs to be more talk about it in order to come to a great understanding rather than the police hiding behind a badge; that if the Commissioners will just come out they will see it happen; and that there is a serious problem that needs to be looked into. 16. UNFINISHED BUSINESS ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 92-3621, AMENDING THE SARASOTA CITY CODE (1986), CHAPTER 33, TO ADD A NEW ARTICLE VIII TO CREATE A RESIDENTIAL PARKING PERMIT PROGRAM AS MORE PARTICULARLY DESCRIBED HEREIN: PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - DENIED (AGENDA ITEM VII-1) #4 (0190) thru (0310) City Manager Sollenberger stated that the administration's recommendation is that the ordinance be rejected; that this ordinance was proposed to solve parking problems in residential areas near medical offices; that a fee was to be charged for a permit to park in front of residential homes; and that it is suggested that the staff review alternative solutions for parking problems near commercial areas. city Auditor and Clerk Robinson read proposed Ordinance No. 92-3621 by title only. Book 34 Page 9085 02/01/93 6:00 P.M. Book 34 Page 9086 02/01/93 6:00 P.M. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to deny proposed Ordinance No. 92-3621. Commissioner Patterson stated that she supported this ordinance in the beginning; that, however, it will cause more problems than it will solve; and that she will vote against it and ask administration to go ahead and address the possibility of timed parking on the particular streets that initiated this petition. Motion carried (4 to 1): : Atkins, yes; Merrill, no; Patterson, yes; Pillot, yes; Gurney, yes. 17. UNFINISHED BUSINESS REPORT RE: STATUS OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT APPLICATION CAMP, DRESSER & MCKEE, INC.. CONSULTANTS AND J. P. MARCHAND, a SARASOTA COUNTY STORMWATER ENVIRONMENTAL UTILITY MANAGER REPORT RECEIVED (AGENDA ITEM VII-2) #4 (0310) thru (0857) Engineering Technician Rick Winters, and Mr. J. P. Marchand, P.E., of the Sarasota County Stormwater Environmental Utility, Mr. Pat Collins, Sarasota County Stormwater Environmental Utility, and Mr. Tom Walker of Camp, Dresser and McKee, Inc., came to the Commission table. Mr. Winters stated that the consultants are working with the city and county staff in regard to the National Pollutant Discharge Elimination System (NPDES) permit application; that they will update the Commission on the current status and the proposed directions for part two of the application. Mr. Marchand stated that tonight's update will inform the Commission of the requirements for the permit applications in order to meet the regulatory deadline. Mr. Walker stated that the NPDES program in Sarasota County encompasses the county in addition to the co-applicants in all the cities, as well as the Florida Department of Transportation; that the first part of the application was submitted to the Environmental Protection Agency (EPA) in May, 1992; that that process included: System mapping, dry weather sampling, demonstrations of existing systems, and an interlocal agreement that brought all the co-applicants together in the permitting process. Commissioner Merrill left the Commission chambers at 10:40 p.m. Mr. Marchand continued that part two of the application is much more comprehensive; that the wet weather sampling currently being taken pulls stormwater samples that will be put into a pollution loading assessment; that this will be incorporated into a proposed stormwater management plan which will be proposed to the EPA. Mr. Marchand stated further that the application will initiate the question of what financial applications will pay for the program, and what legal authority co-applicants have to implement the NPDES program; and will continue an interlocal agreement for the NPDES permitting procedure. Mr. Marchand also stated that the stormwater management program will reduce pollutants to the maximum extent possible through source and structural controls. Commissioner Merrill returned to the Commission chambers at 10:45 p.m. Mr. Marchand stated that it is proposed to use the existing efforts as a cornerstone; that it will endorse and continue to implement the aggressive rules of the State of Florida in this program; that in addition to the continuing programs there will be: new street sweeping technologies, A monitoring of industrial activities, review of additional inspections on construction activities, ) control of illicit connections, continuation of environmental monitoring, and a public information program. Mr. Marchand also stated that the city must demonstrate the ability to: > impose NPDES regulations with existing codes and ordinances, control the pollutants from industrial activities, A be able to prohibit illicit discharges in the system as well as controlling spills and dumps; have the compliance and enforcement regulations to impose these; and to continue an interlocal agreement with the co-applicants. Book 34 Page 9087 02/01/93 6:00 P.M. Book 34 Page 9088 02/01/93 6:00 P.M. Commissioner Patterson left the Commission chambers at 10:47 p.m. Mr. Marchand stated that other co-applicants are looking at continuing their jurisdiction in maintaining their stormwater system; that the EPA must be shown the projected capital expenditures and the funding sources to implement the program. Mr. Marchand stated that part two of the application. must be submitted in May, 1993, and that implementation is projected to be fiscal year 1995. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to receive the report. Motion carried (4 to 0) : Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. City Manager Sollenberger stated that it is a major advantage to participate in the interlocal agreement with Sarasota County and that the city is getting its value out of it. 18. UNFINISHED BUSINESS APPROVAL RE: AUTHORIZATION TO PROCEED WITH THE BIDDING PROCESS FOR THE CIVIC CENTER IMPROVEMENT PROJECT - APPROVED (AGENDA ITEM VII-3) #4 (0857) thru (1175) City Manager Sollenberger stated that the City needs to move forward with bidding the Civic Center project because there are time constraints regarding grants; that the proposed work will have some impact on the operations of the Van Wezel Performing Arts Hall; that work needs to move forward so the Civic Center area will be functional again by next fall when the Van Wezel season commences; that there were some questions raised at the first Commission meeting in January; and that he did not wish to bid the project out with those questions remaining. Commissioner Patterson returned to the Commission chambers at 10:50 p.m. Mr. Sollenberger stated that Smally, Wellford and Nalven (SWN) has a presentation to give; that the city has an obligation to meet the current grant for the Exhibition Hall with the Department of State on the historic rehabilitation of $160,000; that the approach has been to do it through the construction of the east parking lot; that, in addition, the City has a grant pending to complete the exterior restoration of the Exhibition Hall and the matching funds for that have already been expended primarily to bring the building up to code and meet the Americans With Disabilities Act (ADA) obligation. Mr. Sollenberger continued that there is a $100,000 grant from the State for the waterfront park which the City must match dollar for dollar; that the State's only concern is that $160,000 worth of benefit be spent on the Exhibition Hall. Mr. Sollenberger stated further that with regard to the east parking lot, there is a letter from Sarasota County that the operating expenses would be $135,000 per year and that the tennis facilities are in need of a one-time capital improvement of approximately $155,000; and that the county administrator would not recommend retention of the tennis courts. Mr. Sollenberger continued that all of this is a result of the Civic Center Master Plan which was developed over a period of several years; that one of the interesting commentaries about the proposed east parking lot is that while there could be a balance of parking achieved on a gross basis, on supply and demand, within the Civic Center areas, that one of the areas that is really deficient of parking is the area adjacent to the proposed east parking lot; and that was recommended to provide convenience and better accommodation for pedestrians attending events at the West Coast Symphony, the Exhibition Hall, and other facilities in the area; that the plans of the Sarasota Ballet were taken into account by the Master Plan prior to its finalization; that the downside of doing less than the full project is that there is an expense in retaining the tennis courts and that there is still the obligation to meet the matching fund requirements for Exhibition Hall. Mr. Sollenberger also stated that Mr. Arland White of Smalley, Welford and Nalven has a presentation to address the points raised previously by the Commission. Commissioner Atkins left the Commission chamber at 10:55 p.m. Commissioner Merrill stated that he suspects that the Commissioners are aware of their votes on this matter and asked if the Commission really needs to hear this matter. There was a consensus of the Commission that a presentation by Smalley, Welford and Nalven was not necessary. Gretchen Serie, 636 Mecca Drive, representing Florida West Coast Symphony, came to the Commission table and stated that she is the Executive Director of the Florida West Coast Symphony, that she is here with the Florida West Coast Symphony General Manager and Jean Weidner, of the Sarasota Ballet of Florida, and her husband Ken, who is head of the building committee for the Ballet. Ms. Serie stated that they have all served on Civic Center planning committees; that they have worked with the Ballet on their plans; that they have really counted on the additional parking that was Book 34 Page 9089 02/01/93 6:00 P.M. Book 34 Page 9090 02/01/93 6:00 P.M. part of the original plan; that the Ballet has spent approximately $45,000 on their plans; that the Symphony is hoping to upgrade its building also and they have already designated approximately $10,000 on architectural plans; and that they hope the City will keep the parking there for them. Ms. Jean Weidner, 280 Bird Key Drive, representing the Sarasota Ballet of Florida, came to the Commission table and stated that she is basically reiterating what Ms. Serie has said; that the Sarasota Ballet has spent two years planning a lease for the ballet building; that the main problem was finding a way that the parking could fit in with the Van Wezel, the Symphony, and the Exhibition Hall; and that they hope that the plan goes through as is. Mr. Trevor Cramer, 709 N. Tamiami Trail, representing Florida West Coast Symphony/Sarasota Music Festival, came to the Commission table and stated that he thinks this is another jewel the City has on the bayfront; that the area has not lived up. to the beauty of the Van Wezel in the past; and that the upgrading of the entire area will be a great asset and is sorely needed. On motion Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve the administration's recommendation to authorize the Engineering Department to proceed with the bidding process of the entire project. Motion carried (3 to 1): Merrill, no; Patterson, yes; Pillot, yes; Gurney, yes. 19. UNFINISHED BUSINESS - MAIN STREET PROJECT -= BLACK OLIVE TREES TO BE SUBSTITUTED FOR OAK TREES (AGENDA ITEM VII-4) #4 (1175) thru (1955) City Manager Sollenberger stated that Mr. Norm Easey, County Forester for Sarasota County, and Mr. David Johnston, David Johnston & Associates, had concerns regarding the planting of oak trees on the Main Street project; that he met with Design Studios West last week; that the desire of the Commission was to provide a 70 percent shade factor; that the oak trees' roots will dislodge the sidewalks and streets as they grow; that the alternative discussed at the time was the Black Olive tree; and that another alternative is the Palatka Holly tree. Mr. David Gjertson of Design Studios West, Mr. Norm Easey, and Mr. David Johnston came to the Commission table. Mr. Gjertson stated that the use and availability of East Palatka Hollies and Black Olive trees was investigated; that they are available in the same size and overall character of providing shade for the streetscape; that the difference is that the East Palatka Holly will achieve the 70 percent shade requirement, but will take a little longer to do sO because the growth pattern is slower than the Black Olive trees; that the Oak trees probably are not appropriate and may not work in the streetscape altogether; and that is why the two alternatives were suggested. Mr. Johnston stated that the Black Olive trees are very easy to maintain; that they are easier to care for and have only a slight risk of frost damage in exceptionally cold weather or hard freezes; that they have performed very well in this area of the City due to the heat retention of sidewalks and buildings; that the problem with Live Oaks growing out of their bounds is another risk and there is a weighing of alternatives; and that the Black Olive trees do not have a particular weakness to pests. Commissioner Patterson stated that the Black Olive tree seems to be a better alternative than the East Palatka Holly but questioned the amount of small risk there is when there is a really hard freeze; and asked how much investment would have to be made to replace Black Olive trees in the case of a hard freeze Mr. Johnston stated that if there was a hard freeze that froze these trees to the ground that the vegetation throughout Sarasota would have to be replaced on a major basis. Mr. Johnston continued that there 48 trees will be placed along Main Street. Commissioner Atkins returned to the Commission chambers at 11:05 p.m. Mr. Johnston and Mr. Gjertson stated that they both believed that the Black Olive tree is the best replacement for the Oak trees; and that there are no other alternatives as suitable; and that evergreen trees are the best choice for a streetscape. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve the administration's recommendation to substitute the Black Olive trees for the Oak trees in appropriate numbers and locations. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 20. NEW BUSINESS = DISCUSSION RE: BOARD OF ADJUSTMENT PROCESS = CITY MANAGER TO REPORT BACK TO COMMISSION REGARDING BOARD OF ADJUSTMENT PROCEDURES (AGENDA ITEM VIII-1) #4 (1955) thru (2580) Commissioner Merrill stated that Mr. Babb has a story about some actions of the Board of Adjustment; that what they did was wrong; and that the Commission needs to start dealing with the Board of Adjustment to ensure that they are operating properly. Book 34 Page 9091 02/01/93 6:00 P.M. Book 34 Page 9092 02/01/93 6:00 P.M. Mr. Ernie Babb came to the Commission table and stated that this is not an appeal from a ruling; that he is not asking the Commission to do anything about specific actions, but that he has observed the Board of Adjustment on the 30th of December, 1992, and January 27, 1993; that the Board of Adjustment dealt with Petitions 93-02, 93-10 and 93-09; that two of them wanted signs and one was dealing with docks. Mr. Babb stated that the major issues he wishes to address are improper parliamentary procedure and the fact that the Board is giving incorrect advice; that when the Board meets, the first thing that is said is that they only have three people present and, therefore, a petitioner can withdraw at that time without prejudice; that he does not understand how this can be done because it makes a big impact on the people who have come to make their presentation; and that just because there are only three members, which are a quorum, the announcement is made that anyone that has a petition that does not want to present it now because there are only three members present can withdraw, and they do; and that this was done at two meetings where he was present. Mr. Babb continued that there are improper votes; that on the matter regarding the dock, the motion was made to vote for the proposal; that two people voted "no" and two people voted "yes"; that the next motion was to deny and the vote was two and two; that then the next motion was to have the whole thing held off until they had a fifth member appointed to the Board. Mr. Babb stated further that it is not right just continue until you get what you want if you don't like the vote. Mr. Babb stated further that on the matter of improper advice, he has submitted letters to Mr. Hewes, Building, Housing & Zoning Director, and to the City Attorney; that a particular matter before them was contrary to the Code; that this went from November, 1992, through to the last meeting attended; that the minutes of the December meeting were not available until January 21, 1993; that under the present rule you have 30 days to file an appeal to a hearing of the Board of Adjustment; that he was notified that there would be a hearing on January 27th; and that the letter sent to the Board of Adjustment stated the improper procedures and incorrect decisions followed. Mr. Babb also stated that the Board of Adjustment should not be making exceptions regarding the size of docks; that such matters should go before the Planning Board first as a Special Exception and then before the City Commission for approval; that the Board of Adjustment should not have permission to make variances from specific Code requirements; that the Board of Adjustment has been granting exceptions for docks that are 100 percent to 250 percent larger than the Code permits. Commissioner Merrill stated that he has previously brought this matter to the Commission; that the Board of Adjustment has been acting like a mini-commission or a quasi-judicial board; that right now they have the ability to grant a variance for most things in the City Code; that if a Board is given that much ability they must show the wisdom that they can handle it; that, so far, the Board may be limited to some very confined areas that variances may be granted from; that there are six criteria that the Board of Adjustment is supposed to meet in order to grant a variance; that he suggests temporarily that the Commission have the Building, Housing and Zoning Director review the six criteria required and specify why the variance does or does not meet these guidelines; that the Board of Adjustment needs to be brought under control through guidance or legal counsel, or work directly with administration. Mayor Gurney stated that a motion was needed to continue the meeting beyond 11:30 p.m. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to finish the agenda. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Vice-Mayor Pillot stated that he would like to hear more about this matter later; that there are better procedures to use; and that he would like for the Commission to follow up on this matter through some sort of discussion or presentation through the City Manager at some other time when it is not so late; that he would also like to give the City Manager an opportunity to look into this matter and respond to the Commission. Commissioner Patterson stated that she agreed. City Attorney Taylor stated that the whole purpose of the Board of Adjustment would be a good subject for discussion and that his office would like to participate in that discussion due to differing opinions. There was a consensus of the Commission to have the City Manager look into this matter 21. NEW BUSINESS ADOPTION RE: PROPOSED RESOLUTION NO. 93R-635, AUTHORIZING AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION FOR A STATE REVOLVING FUND LOAN TO PROVIDE FUNDING FOR SEWAGE TREATMENT FACILITIES SETTING FORTH FINDINGS; AUTHORIZING THE MAYOR AND THE CITY AUDITOR AND CLERK TO EXECUTE THE APPLICATION: AUTHORIZING THE CITY MANAGER TO SIGN APPROPRIATE DOCUMENTATIONE PROVIDING ASSURANCES: ESTABLISHING A PLEDGED REVENUE SOURCE FOR REPAYMENT: : AUTHORIZING EXECUTION OF A LOAN AGREEMENT; CERTIFYING THE Book 34 Page 9093 02/01/93 6:00 P.M. Book 34 Page 9094 02/01/93 6:00 P.M. AUTHORITY OF THE CITY OF SARASOTA TO UNDERTAKE CONSTRUCTION OF THE PROJECT; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VIII-2) #4 (2580) thru (2630) City Auditor and Clerk Robinson read proposed Resolution No. 93R-635, by title only. On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to adopt proposed Resolution No. 93R-635. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 22. NEW BUSINESS DISCUSSION RE: AUTHORIZATION TO ADVANCE THE FRUITVILLE ROAD STUDY IN THE PLANNING DEPARTMENT'S WORK PROGRAM - APPROVED (AGENDA ITEM VIII-3) #4 (2630) thru (2665) On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to accept the administration's recommendation to advance the Fruitville Road study from fall 1993 to summer 1993 and to delay the beginning of the Post Disaster Plan. Motion carried (5 to 0) : Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 23. NEW BUSINESS APPROVAL RE: A REQUEST TO EXPAND THE SENIOR FRIENDSHIP CENTER, INC. EXISTING PARKING LOT, LOCATED AT THE SENIOR FRIENDSHIP CENTER FACILITIES, ALDERMAN STREET BETWEEN OSPREY AVENUE AND U.8. 301, WITHIN LOCKWOOD PARK APPROVED (AGENDA ITEM VIII-4) #4 (2665) thru (2725) City Manager Sollenberger stated that this property is leased to the Senior Friendship Center by the City; that they are adding a parking lot; that due to these modifications to the leasehold, approval by the Commission is required; that his recommendation is for the Commission's approval subject to all conditions being met; that this is in the best interest of the City because of its provision for off-street parking which alleviates the problem on Alderman Street. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve this matter consistent with the City Manager's presentation. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 24. BOARD APPOINTMENTS = NONE (AGENDA ITEM IX) There were no Board appointments. 25. REMARKS OF COMMIBBIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA CITY MANAGER TO CONFER WITH COMMISSIONER ATKINS REGARDING PROBLEMS IN CITY BUILDING DEPARTMENT TANGIER TERRACE TO RECEIVE AT LEAST ONE TREE PER MEDIAN CITY MANAGER TO REPORT BACK TO COMMISSION REGARDING DISBURSEMENT ALTERNATIVES OF FUNDS COLLECTED FOR OCCUPATIONAL LICENSE FEES (AGENDA ITEM X) #4 (2725) thru (end) COMMISSIONER ATKINS: A. stated that he wished to read a citizen's letter to the Commission which was brought to him. The letter stated that the police department purposefully does things to the community, and people continue to be outraged because they are continually suppressed; that the loitering and open containers are a problem and that most drugs are sold on side streets; that arrests are not made nightly is an outrage; that there are people drinking in an uncontrolled environment with potential fights, riots, vandalism, and littering which creates a health hazard and makes the neighborhood look terrible; and that it is signed by Tyree Thomas. Commissioner Atkins continued that there is another police officer in the news that has very little sensitivity to the Dr. Martin Luther King, Jr. Way district and the people that live there; that it is ironic that two or three hundred people standing on the corner are not doing anything or causing problems; that there is also an article by Sally Kestin stating that she was offered drugs three or four times on a side street; that he does not appreciate Captain Baty stating that this is insignificant and that there is no criminal element taking place; and that the articles should be read from the perspective of residents in the area and their outrage over such matters. B. stated that Mr. Johnston has been to him several times in the last week regarding the police harassment matter; that the people dealing drugs are the ones that need to be harassed and not the ones that are law-abiding citizens. C. stated that the Building Department has too many problems; that he has spoken with City Manager Sollenberger several times about this matter and asked if the problem is with the director; that every other week someone there is on the rope; that the director needs to Book 34 Page 9095 02/01/93 6:00 P.M. Book 34 Page 9096 02/01/93 6:00 P.M. be investigated to check out his history because no other department is having the problems that this department is having; that someone needs to direct the City Manager to look at the department because there are too many problems. Mr. Sollenberger stated that he spoke with Mr. Don Jakeway relative to the investigation when Mr. Hewes was hired and he came with a good reputation; that there have been problems with that department and Mr. Hewes has dealt with them aggressively rather than allowing the problems to fester; that there seems to be only one or two problem situations now; that there is more to the problems than has been told to Commissioner Atkins tonight; and that a great deal of effort has been invested in trying to resolve the problem with Mr. Osthoff; and that he would be glad to speak with Commissioner Atkins about the problems. Mayor Gurney stated that he would like to do the right things with respect to the Dr. Martin Luther King, Jr. Way process; that he had a meeting with Jetson Grimes regarding the noise and the disruption taking place on Dr. Martin Luther King, Jr. Way; that there are probably those who gather that are not doing bad things there; and asked if through the public input process there will be enough voices to develop a consensus to do things that are not going to be resented or misunderstood; that he has a real concern about a predominately white administration trying to implement or impose something that a predominately black community is not going to totally understood or accept unless there really is a consensus. Commissioner Atkins stated that that is why they decided to back track and go back through one more loop and have a community meeting on February 25th; that until this time, the persons that are wanting this extra forum had not participated in the process; that the persons that have been participating in the process have not come back around stating that their input has been misrepresented; and that he believes there was a consensus. Commissioner Atkins stated further that there is a young people's group that has been activated by Sister Jennifer X; that she organizes young street people; that when they go through their process they will have a plan and some input; and that he hopes that input will be positive and that the Commission can move on from there. Commissioner Atkins also stated that the rezoning of Dr. Martin Luther King, Jr. Way is not going to address their problems, and that their problems are a lack of education, training, and motivation, as well as their needs as young adults. Mayor Gurney asked where young people in that neighborhood go who wish to socialize, other than to the recreation courts. Commissioner Atkins stated that there are a few social clubs in the area but the people that stand out on the street do not want to be indoors. Commissioner Patterson stated that this is not a problem peculiar to the Afro-American community; that the most frequent complaint from young people is that there is no place to go and they would find an outdoor area to congregate; that there is always a complaint when there are a few hundred kids together because of their noise and trash; that this becomes a difficult situation for the community to deal with; and that this is an age-old problem. Commissioner Patterson continued that what appears unusual about this situation is that many of the people appear to be in their early twenties rather than in their teens; that it may not be clever to create gathering places for several hundred young people at one time unless it's a special event; and that she has mixed feelings about this matter. Commissioner Atkins stated that 70 percent of the people that come to the Commission are good people trying to deal with the problems; and that the people that are creating the problems do not come to the Commission. COMMISSIONER PATTERSON: A. stated that the medians on Tangier Terrace are comprised of approximately two bushes in each, and that she would like to see at least one tree put in each of them. Mr. Sollenberger stated that he will refer this matter to administration for at least one tree per median. MAYOR GURNEY: A. stated that a number of people who promoted the passage of the county occupational business license are unhappy with the City having spent some of the money on the roof of the tourist center building; that the money is supposed to be used for business development and they did not feel that was appropriate for the first allocation of that money; and asked Mr. Sollenberger if there is another avenue to go on this. Mr. Sollenberger stated that he would like to refer this matter to administration; that he would like to review an alternative with the Finance Director; and that the people who advocated support of the occupational license fee had wished that the money be used for business development purposes and had lobbied in the business community for that purpose; and that he would like to report back to the Commission on alternatives. Book 34 Page 9097 02/01/93 6:00 P.M. Book 34 Page 9098 02/01/93 6:00 P.M. There was a consensus of the Commission to ask Mr. Sollenberger to report back to the Commission on alternatives for occupational license fee usage. 26. ADJOURN (AGENDA ITEM XII) The Regular Sarasota City Commission Meeting of February 1, 1993 was adjourned at 12:00 a.m. 1 JACK GURNEY, MAYOR TA ATTEST: Billy E Aibinson BILLY % ROBINSON, CITY AUDITOR AND CLERK 1