MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 21, 1992 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 MONTH FOR NOVEMBER 1992 = OFFICER JACK SAPP, MARINE PATROL UNIT, POLICE DEPARTMENT #1 (0030) through (0130) Gordon R. Jolly, Chief of Police, came before the Commission and introduced Marine Patrol Officer Jack Sapp. Chief Jolly stated that Officer Sapp had responded to a distress call on the Fourth of July from a water taxi that was taking on water with 21 people on board, including five children one of which was a seven-day old infant; that Officer Sapp located the craft among the hundreds of boats in Sarasota Bay and was able to get all 21 people on board his craft and as the last passenger from the water taxi stepped onto the Police boat, the water taxi rolled over and sank. Chief Jolly stated that a tragedy was averted due to Officer Sapp's quick and decisive actions. Chief Jolly continued that Officer Sapp has also received the Police Department's Life Saving Award. Mayor Gurney presented Officer Sidney J. "Jack" Sapp with a plaque for Employee of the Month for November 1992 in appreciation of his unique performance with the City of Sarasota and congratulated him for his outstanding efforts. 2. PRESENTATION RE: RECOGNITION OF THE ADMINISTRATIVE CPTED TASK FORCE RECEIVING THE FLORIDA CRIME PREVENTION ASBOCIATIONIS AWARD FOR FLORIDA "OUTSTANDING NEW CRIME PREVENTION PROGRAM" #1 (0133) through (0206) Sherry Plaster, Chief Planner of the Planning and Development Department, came before the Commission and introduced the following Book 34 Page 8940 12/21/92 6:00 P.M. people who were part of the Administrative Crime Prevention Through Environmental Design (CPTED) Task Force: Stan Carter, Police Captain Art Walls, Police Officer Linda Silver, Planner II Ms. Plaster stated that the City of Sarasota Administrative CPTED Task Force has received the Florida Crime Prevention Association's award for Florida's "Outstanding New Crime Prevention Program"; that it is one of the first times a city has included crime prevention in the planning process. Ms. Plaster continued that Officer Walls has been a crime prevention practitioner for 20 years and sits on the Development Review Committee and looks at all the petitions for rezoning and special exception; that Captain Carter coordinated the involvement of the Police Department in the process and provided extensive crime data analyses; that Planner Silver helped with the reviews and did a lot of land use crime data analysis; that she herself headed up part of the effort in her role as a Planner. Ms. Plaster presented the award to Mayor Gurney for the City on behalf of the CPTED Task Force. 3. CHANGE TO THE ORDERS OF THE DAY = APPROVED #1 (0213) through (0229) city Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Remove Scheduled Presentations, Item No. V-1, proposed architectural plans for Fire Station No. 4, at the request of David Stershic. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 4. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 7, 1992; MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 7, 1992 ADJOURNED TO DECEMBER 10, 1992 = APPROVED (AGENDA ITEM I) #1 (0238) through (0258) On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to approve the Minutes of the Regular Sarasota City Commission Meeting of December 7, 1992 and the Minutes of the Regular Sarasota City Commission Meeting of December 7, 1992 adjourned to December 10, 1992. Motion carried Book 34 Page 8941 12/21/92 6:00 P.M. unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 5. BOARD ACTIONS (AGENDA ITEM II) #1 (0259) through (0260) There were no board actions. 6. CONSENT AGENDA NO. 1: ITEMS 1 AND 2 = APPROVED (AGENDA ITEM III-A-1 AND -2) #1 (0261) through (0310) Commissioner Merrill requested that Item 2 be removed for discussion. 1. Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute an Award of Contract (R.F.P. #93-1) to Tri-Tech Construction and Design Co., Inc., Bradenton, Florida, for remodeling/renovation of Duplex for Police Sub-Station On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1 Item 1. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 2. Approval Re: Authorize the Mayor and the city Auditor and Clerk to execute a Second Amendment to the Agreement with Smalley, Wellford & Nalven for the Civic Center Improvement Project for professional services Commissioner Merrill stated that he does not feel this project should be done because he is not in favor of removing the tennis courts and spending this money at a time when the Commission is still studying the uses at the Van Wezel Performing Arts Hall and are unsure whether a conference center may be locating close to this site and the tennis courts would be a strong asset for such a use. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1 Item 2. Motion carried (3 to 2): Atkins, yes; Merrill, no; Patterson, no; Pillot, yes; Gurney, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 93R-624) = ADOPTED AS AMENDED; ITEM 2 (RESOLUTION NO. 93R-621) = ADOPTED: ITEM 3 (RESOLUTION NO. 92R-622) = ADOPTED; ITEM 4 (ORDINANCE NO. 92-3601) ADOPTED; ITEM 5 (ORDINANCE NO. 92-3608) = ADOPTEDA AND ITEM 6 (ORDINANCE NO. 93-3651) = ADOPTED (AGENDA ITEM III-B-1, -2, -3, 4, -5, AND -6) #1 (0311) through (1302) Book 34 Page 8942 12/21/92 6:00 P.M. Commissioner Patterson requested that Items 1 and 2 be removed for discussion. 3. Adoption Re: Proposed Resolution No. 92R-622, adopting, by reference, a revised personnel rule and regulation for the Civil Service and General Personnel System of the City of Sarasota, Florida, pertaining to the administrative update and clarification of the accrual of incentive award vacation days; and changing the title of these incentive days to incentive award bonus days under Rule 11.9E; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 92-3601, annexing certain real property lying contiguous to the City limits, into the corporate limits of the City of Sarasota as petitioned by George and Gloria Church, said real property being described as follows: a parcel approx. 108 feet by 94 feet lying on the southwest corner of the intersection of Bay Road and S. Tamiami Trail (U.S. 41) formerly known as the Union 76 Station, as more particularly described herein; making findings; redefining the boundary lines of the City of Sarasota to include said real property; etc. (Title Only) (Petition No. 92-Annex-02) 5. Adoption Re: Second reading of proposed Ordinance No. 92-3608, conditionally rezoning from CI Zone District Sarasota County to CI Zone District City of Sarasota, real property described as follows: a parcel approximately 108 feet by 94 feet lying on the southwest corner of the intersection of Bay Road and S. Tamiami Trail (U.S. 41), A/K/A 3902 S. Tamiami Trail, formerly known as the Union 76 Station; etc. (Title Only) (Petition No. 92-CO-05) 6. Adoption Re: Second reading of proposed Ordinance No. 93-3651, amending Chapter 16, Recycling and Solid Waste, Article II, Collection and Disposal of Recyclable Materials and Solid Waste, Division I, Recycling, Section 16-22, fees for recycling to provide that the enumerated fees charged to commercial users for recycling services shall be the maximum fees; providing for severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) City Auditor and Clerk Robinson read proposed Resolution 92R-622, Ordinance No. 92-3601, Ordinance No. 92-3608, and Ordinance No. 93-3651 by title only. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 2 Items 3 through 6 Book 34 Page 8943 12/21/92 6:00 P.M. inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 1. Adoption Re: Proposed Resolution No. 93R-624, authorizing the reappropriation of the 1992-93 Community Redevelopment Agency Fund (TIF) originally budgeted as a reserve for the debt service Commissioner Patterson stated that this resolution encompasses two separate projects, Bayfront Park and the Storefront Program, and she is not sure whether she can vote on it because of the portion regarding the North Esplanade Regrassing at Bayfront Park or declare a conflict of interest. Commissioner Patterson continued that she would like an explanation of the $67,000 for work authorized at Bayfront Park. Dennis Daughters, City Engineer, came before the Commission and stated that the $37,226 for the North Esplanade Regrassing includes removing the pavement; that the $67,000 consists of several smaller items that are necessary to complete the project, such as some changes in the sidewalk and other relatively minor changes that add up to this amount; that he cannot be more specific because he does not have this file with him. City Attorney Taylor stated that since the $37,226 includes work to remove the pavement, he feels Commissioner Patterson should declare a conflict of interest and not vote on this item. Commissioner Patterson stated that she has a conflict of interest on this item because her husband's law firm represents Jack Graham and Lee Sullivan of Marina Jack; however, she is not pleased that two separate funding issues were combined into one; that she questions why the Commission is voting on something that the courts have not yet determined the City will have the ability to do. City Manager Sollenberger stated that it is simply to reserve the money for the regrassing of the subject area at Bayfront Park. Vice Mayor Pillot asked whether the Storefront Program issue could be separated from the Bayfront Park issue so Commissioner Patterson can vote on the item for which she has no conflict of interest. City Auditor and Clerk Robinson stated that the two items were written into one resolution and in order to separate the items, a new resolution would have to be written. Mr. Sollenberger stated that he did not want to see the portion pertaining to the Storefront Program delayed because the store owners would be greatly inconvenienced. Mayor Gurney asked whether they could vote for the Storefront Program portion of this resolution only. Mr. Robinson stated that they could do that by. making a motion to amend the resolution. Book 34 Page 8944 12/21/92 6:00 P.M. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to amend proposed Resolution No. 93R-624 to remove the reference to the Bayfront Park and have that portion written into a separate resolution to be brought before the Commission at the next regular meeting. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. City Auditor and Clerk Robinson read proposed Resolution No. 93R-624, as amended. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to adopt proposed Resolution No. 93R-624 as amended. Commissioner Merrill stated that he is going to oppose this resolution because the City recently used Local Option Sales Tax (L.0.S.T.) monies to do work on an alley downtown; that in his opinion the $53,028 should go toward paying for the work done in the alley; that he would rather the City take the L.O.S.T. monies from the alley and use it for drainage projects in various parts of the City because he feels the Commission has helped downtown enough. Mayor Gurney called for the vote on the motion. Motion carried (4 to 1): Atkins, yes; Merrill, no; Patterson, yes; Pillot, yes; Gurney, yeso 2. Adoption Re: Resolution No. 93R-621, appropriating $44,500.00 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the rehabilitation costs for a building at the corner of 8th Street and Orange Avenue to be used as a police substation for the Gillespie Park neighborhood Commissioner Patterson stated that she had requested that this item be removed out of courtesy to Ms. Catherine Walls who would like to speak to the Commission about this. City Auditor and Clerk Robinson read proposed Resolution No. 93R-621. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to adopt proposed Resolution No. 93R-621. Catherine Walls, 268 Island Circle, representing Parkside East at 785 N. Osprey Avenue, came before the Commission and stated that she owns 20 units at Parkside East because she was told that the City was going to build a Police Substation in Gillespie Park; that she would like to know why the City is now planning to have the substation located at Orange Avenue and 8th Street instead of the location originally selected. Book 34 Page 8945 12/21/92 6:00 P.M. Gordon Jolly, Chief of Police, came before the Commission and stated that the original plan was to occupy the former Boy Scouts building in Gillespie Park for the Police Substation building; that subsequently it was determined that there was a contamination problem both with the building and the soil beneath it and the building and soil will have to be removed. Chief Jolly continued that the Police Department still intends to put a Police Substation in Gillespie Park; however, in the interim the Police Department would like to rehabilitate what is now a duplex into a single-family residence and occupy it as a substation for approximately 12 months while the work on the removal of the former Boy Scouts building and soil is completed. Chief Jolly stated that the Police Department was using money from the Law Enforcement Trust Fund to pay for the renovation of the duplex and the monies would be repaid to the Police Department to assist with the costs of developing the permanent substation with the eventual sale of the residence as affordable housing. Ms. Walls stated that she had offered the use of one of her apartment units for one year to the Police Department to use as a temporary substation free of charge. Commissioner Atkins asked why the Police Department was not taking Ms. Walls up on her offer to use one of her units free of charge for one year as a temporary Police Substation. Chief Jolly stated that there are a number of problem areas in Gillespie Park and one of them is near Orange Avenue and 8th Street; that they also have been working closely with the residents and owners in Parkside East to try to control recurring problems. City Manager Sollenberger stated that since the City had acquired the property on Orange Avenue between 8th and 9th Streets with the plan to build some new houses and rehabilitate some that are there, it was determined that the Police Substation would provide stability for the area and the construction plans the City has for the properties. Mayor Gurney stated that the Police Substation will also provide on-site security while the buildings are being rehabilitated on Orange Avenue and 8th and 9th Streets and for the new homes the Community Housing Corporation (CHC) plans to construct. Ms. Walls stated that she feels the installation of a public telephone in Gillespie Park would be a big help so residents could call the Police when they see drug deals going on and asked if the City could do something to try to help her get one installed in the park. Mr. Sollenberger asked Chief Jolly to have the phone company contacted to see if something could be worked out to have a public phone installed near Parkside East. Commissioner Merrill stated Book 34 Page 8946 12/21/92 6:00 P.M. that he has heard that drug dealers actually use public telephones to make arrangements for sales when they are paged so it might not be a good idea to install a public telephone at Parkside East. Commissioner Merrill stated that he thought $44,500 to renovate the duplex was a high figure. Chief Jolly stated that the $44,500 includes furnishings and equipment that would be transferred to the permanent substation when it is completed. Don Hadsell, Director of Community Development, came before the Commission and stated that the original cost for the rehabilitation of the duplex was $27,000 but it went up to $34,400 when the City decided to install various improvements to make it accessible to people with disabilities since the passage of the Americans With Disabilities Act (ADA). Mayor Gurney called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 8. CITIZENS' INPUT = DIRECTED THE CITY ATTORNEY TO APPEAL THE CIRCUIT COURT JUDGE'S RULING ON THE CITY'S LOITERING FOR UNLAWFUL PURPOSES ORDINANCE AND AMEND SAID ORDINANCE AND BRING IT BEFORE THE COMMISSION AT ITS FIRST REGULAR MEETING IN JANUARY FOR REVIEW (AGENDA ITEM VI) #1 (1320) through (1650) Mary Quillin, 407 Cocoanut Avenue, representing the Downtown North Neighborhood Association, came before the Commission. City Attorney Taylor asked Ms. Quillin if she wanted him to provide the Commission with some background material. Ms. Quillin stated that that would be a good idea. City Attorney Taylor stated that from time to time the City's Loitering for Unlawful Purposes Ordinance has been attacked as being unconstitutional but it has been upheld; however, recently a defendant with legal counsel took an appeal of the ordinance to the Circuit Court of Sarasota County and last Friday Judge Whatley ruled that the ordinance was facially unconstitutional, which invalidates one of the best local tools the City has had to deal with local problems. Attorney Taylor continued that he has spoken to the City Manager about the judge's finding and the City Manager agrees that the City should appeal Judge Whatley's ruling. Attorney Taylor continued that he believes the ruling is wrong because there is clear precedent in the Second District Court of Appeals that these ordinances are lawful. Attorney Taylor stated that a quick way to fix the ordinance is to add language to the ordinance that a police officer must always ask everyone they suspect of loitering "What are you doing?" so the Book 34 Page 8947 12/21/92 6:00 P.M. person has an opportunity to explain their presence; that he has also recommended to the City Manager that he be allowed to revise the current ordinance; that he feels the City should both appeal the judge's ruling and revise the ordinance. Attorney Taylor stated that he could revise the ordinance and bring it to the Commission at the first regular meeting in January. Mary Ouillin stated that her neighborhood has a very active Crime Watch program and this Loitering Ordinance has helped them by allowing them to notify the Police about suspicious individuals they observe; that if the Police Department needs citizens to go to court with them on these cases, the citizens will go; that she wants the City to tell the citizens what they need for them to do to help on this issue because the citizens must take control of their neighborhoods; that she feels the City needs a strong Loitering Ordinance. On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved to direct the City Attorney to pursue an appeal of Judge Whatley's ruling on the City's Loitering for Unlawful Purposes Ordinance and amend the ordinance and bring it before the Commission at its first regular meeting in January for approval. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 9. NEW BUSINESS = APPROVAL RE: REOUEST THAT THE CITY ATTORNEY PREPARE AN ORDINANCE DECLARING A ONE-YEAR MORATORIUM ON HISTORIC DESIGNATIONS = DENIED (AGENDA ITEM VIII-1) #1 (1651) through (1772) Mike Taylor, Deputy Director of the Planning and Development Department, came before the Commission and stated that the City is in the midst of updating the Historic Preservation Element and ordinance and since there is a concern of the Commission regarding historic designations, asked that the Commission consider instituting a one-year moratorium on any historic designations until the Historic Preservation Element and ordinance are completed. Mr. Taylor continued that a letter from the Florida Department of State, Division of Historical Resources was sent to the City Manager (a copy of which is on file in the Office of the City Auditor and Clerk) which was distributed to each Commissioner, that the State might interpret a moratorium on local designations as a failure to have legislation in place which allows the City to apply for state and federal grant funding as well as the City's recognition as a Certified Local Government (CLG). On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to not approve the one-year moratorium on historic designations. Motion carried unanimously (5 to 0): a Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Book 34 Page 8948 12/21/92 6:00 P.M. 10. UNFINISHED BUSINESS - REPORT RE: STATUS OF REOUEST FOR PROPOSALS FOR PAYNE TERMINAL MARINA APPROVED ADMINISTRATION'S RECOMMENDATION TO DELAY THIS MATTER UNTIL A LONG-RANGE PLAN FOR THE VAN WEZEL PERFORMING ARTS HALL IS COMPLETED (AGENDA ITEM VII-1) #1 (1778) through (1828) City Manager Sollenberger stated that his recommendation on this is to hold this matter over until the long-range plan for the Van Wezel Performing Arts Hall is completed; that he feels what is done at Van Wezel may have some impact on the parking requirements and that the development at Payne Terminal which would generate parking should be considered only after the City has a long-range plan for the Van Wezel. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve the Administrative recommendation. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. : The meeting was recessed at 6:55 p.m. and reconvened at 7:00 p.m. Mayor Gurney requested that City Auditor and Clerk Robinson explain the public hearing process. Mr. Robinson stated that at this time the petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes; that he will time speakers and advise them when they have 1 minute remaining. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. 11. PUBLIC HEARING RE: PROPOSED SPECIAL EXCEPTION PETITION NO. 93-SE-01 TO PERMIT A COUNSELING FACILITY FOR DEPENDENCY RECOVERY IN A HISTORICALLY DESIGNATED STRUCTURE IN AN RMF-3 ZONE DISTRICT ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 9 AND 10, BLOCK B, RHODES AND HALE SUBDIVISION, AS RECORDED IN OFFICIAL RECORD BOOK 1, PAGE 87, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED HEREIN: ETC. (SPECIAL EXCEPTION PETITION NO. 93-SE-01, KANE/HARTIG) = DENIED (AGENDA ITEM IV-1) #1 (1858) through #2 (1020) Mike Taylor, Deputy Director of the Planning and Development Department, came before the Commission and stated that the property at the southwest corner of Osprey Avenue and Morrill Street has been reviewed by the Historic Preservation Board and recommended for historic designation; that the petitioner proposes to use the site as a counseling facility; that the Planning Board/Local Planning Agency recommends approval for the Special Exception; that Book 34 Page 8949 12/21/92 6:00 P.M. the Planning and Development Staff recommends denial of the Special Exception petition. Mr. Taylor continued that the basis for the recommendation for denial is based on neighborhood incompatibility. City Auditor and Clerk Robinson stated that the City Commission at its meeting of December 7, 1992 set this proposed Special Exception for public hearing with a pending motion to approve. Joseph and Susan Kane, petitioners, and Victoria "Mikki" Hartig, representing Klara Szilagyi, the owner of the property, came before the Commission. Ms. Hartig stated that the subject property is located at the corner of South Osprey Avenue and Morrill Street, one block south of Ringling Boulevard; that this is a petition for a Special Exception for use of a residential structure for a small therapy and counseling center; that the maximum number of vehicles at the site at one time would be five and provisions will be made for five additional spaces pursuant to the Planning Board's recommendation; that signage will be minimal and compatible for the setting subject to appropriate approval; that every effort will be made to maintain the residential appearance of the buildings and there will be no exterior alterations to the original architectural style or size of the structures, other than the addition of a ramp to make it accessible to disabled persons if required. Ms. Hartig continued that the current owner, Klara Szilagyi, resides out of state and purchased the property in 1984 with the intent to utilize it as a personal home and office, but personal problems have prohibited this; that the owner will be unable to make repairs to the property due to her financial situation. Ms. Hartig stated that the petitioners hope the Commission will view this petition as an enhancement to both a planned thoroughfare and to an important and vital downtown neighborhood that is worthy of, and currently working toward, revitalization; that it is the intent of the petitioners to support the residents of Laurel Park in their neighborhood efforts. Ms. Hartig presented letters in support of the Special Exception (copies of which are on file in the Office of the City Auditor and Clerk) to the Commissioners. Ms. Kane stated that when they first saw the structure, they became excited about the possibility of creating the kind of environment in which they would like to see their clients; that they have pride in where they live and where they work. Mr. Kane stated that they are committed to this property and he feels they would be an asset to the area; that they would go along with putting driveways wherever the City wants them placed. Mayor Gurney opened the public hearing. Book 34 Page 8950 12/21/92 6:00 P.M. The following individuals came before the Commission: William Scarborough, 3316 Tanglewood Drive, stated that he is a property owner in the neighborhood and is in favor of the City granting the Special Exception; that he feels the rehabilitation of the structure as a counseling center is a positive step for the area. Jack Notestein, 543 Columbia Court, representing the Laurel Park Neighborhood Association, stated that he is voicing concern of granting this Special Exception without stipulating use as a residence; that he is not in favor of commercial intrusion into the neighborhood and is concerned about increased traffic on the streets of the neighborhood. Ted Hunniford, 1702 Laurel Street, representing Grace Fellowship, stated that he is the pastor of Grace Fellowship and is concerned about approval of this Special Exception; that he believes it would benefit the area to increase the number of owner-occupied properties as we move into the future because the properties would likely continue to be improved; that he is concerned about a precedent being set if this Special Exception is granted. Devin Rutkowski, 1920 Laurel Street, stated that 92% of Osprey Avenue in this area is currently either single-family or multi-family residential; that there are 47 buildings on Osprey Avenue between Alderman Street and Ringling Boulevard, of which 34 (72%) would presently qualify as historic, 17 (50%) of which are single-family residential historic homes; that he feels this Special Exception speaks more to the future desirability of Osprey Avenue and he feels it would be more desirable for the neighborhood to remain residential; that the 100% permanent change in land use granted with a Special Exception cannot be revoked by the City; therefore, the City must look at each petition judiciously and be cautious in granting what amounts to a rezoning; that he feels the process of commercial land use creeping into neighborhoods must be stopped. Mayor Gurney passed the gavel to Vice Mayor Pillot and left the Commission Chambers at 7:32 p.m. Lee Powell, 527 Madison Court, stated that he owns several small properties in the neighborhood; that he feels the use the Kane's are proposing will have no more impact than a lot of single-family homes and it will have less impact than a lot of the rental homes in the neighborhood now; that he would like this Special Exception to be granted; that he is a residential real estate appraiser and a high-traffic street is not a desirable place to locate to live in a single-family residence. Book 34 Page 8951 12/21/92 6:00 P.M. Vice Mayor Pillot passed the gavel back to Mayor Gurney when he returned to the Commission Chambers at 7:34 p.m. Tina Taylor, 534 Columbia Court, stated that she is a property owner in the Washington Park subdivision in the area and she feels that they are not talking about one property tonight, but one property in the middle of a lot of things going on in the neighborhood now; that she bought her house in Washington Park because she fell in love with the charm of the neighborhood; that she did not buy a house in a commercial district of downtown; that she is concerned about safety in her neighborhood and would rather the subject property be utilized as a residence. Brian McInnis, Laurel Street, stated that he lives on the corner of Laurel Street and Ohio Court which is about 120 feet to the west of the subject property and he is concerned that traffic arriving and leaving this counseling center will be directed to his area; that he is opposed to the granting of this Special Exception because of the potential traffic impact to his residence. There was no one else to speak and the public hearing was closed. Mayor Gurney asked the City Attorney whether it would be legal for a petitioner to voluntarily sign a contract with the City to agree to revocation of the Special Exception at the time they no longer use the building for a commercial purpose. City Attorney Taylor stated that he feels that that would be legal; that he does not feel it would be good business to apply this concept to one Special Exception after another because someone would be responsible for enforcement and does not feel the City would want to be burdened with trying to keep track of a number of such properties. Joseph and Susan Kane and "Mikki" Hartig came before the Commission for rebuttal. Ms. Hartig stated that someone had mentioned that 17 structures would "qualify" for historic designation along Osprey Avenue in this area and she wanted to clarify that simply because structures are old does not mean they would qualify as historic; that the owner has not threatened demolition of the structures, but is not in a financial position to improve the property; that it is her understanding that 60 to 70% of the property in this neighborhood is not owner occupied already; that if this Special Exception is not approved, the property will probably not sell and continue to deteriorate or an alternate sale might take place that could involve the eventual demolition of the structure and the construction of four units as the zoning presently permits. Ms. Kane stated that she respects what everyone has said tonight; that she wants to say that she feels the house has more of a chance of being taken care of if the Special Exception is granted because Book 34 Page 8952 12/21/92 6:00 P.M. right now it is overrun with termites, rats, and fleas; that it is open to vagrants as it is now. Ms. Kane continued that she would be willing to sign a contract with the City to agree to revocation of the Special Exception if they sell the house within one, five, or ten years; however, if they keep it longer than that, she feels the Special Exception should remain with the property to allow them to resell it for the amount of money they will have invested in it; that if the purchase price was considerably less than it is, she would not hesitate to sign an agreement with the City. Ms. Hartig asked Ms. Kane whether she actually meant the reverse, but Ms. Kane stated that she did not mean the reverse. Mr. Kane stated that their counseling practice will utilize it as a house because they want their clients to feel at home when they come to see them. City Auditor and Clerk stated that at the Commission meeting on December 7, 1992 a motion was made by Vice Mayor Pillot and seconded by Commissioner Atkins to accept the recommendation of the Planning Board, which recommended approval of Petition 93-SE-01 with four stipulations. Mayor Gurney asked what the four stipulations are. Mr. Robinson stated that the stipulations are as follows: City Commission approval of the historic designation for this structure (Petition 92-HD-17); The site shall be required to have five marked spaces for automobiles for group meetings and be able to accommodate ten automobiles by stacking the parking or providing additional marked spaces. All parking shall be constructed in accordance with the Engineering Design Criteria; The office shall be permitted one sign not to exceed nine square feet. The sign shall be designed to be consistent with the historic character of the site; and The establishment of a one-way entrance from Morrill Street; a one-way exit to Osprey Avenue and angle parking on the site. Mayor Gurney called for the vote on the motion. Motion failed (3 to 2): Atkins, yes; Merrill, no; Patterson, no; Pillot, yes; Gurney, no. 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3656, EXTENDING THE APPROVAL OF THE CITY COMMISSION PERTAINING TO THE SITE AND DEVELOPMENT PLAN FOR PETITION 91-AA FOR A PERIOD OF ONE (1) YEAR FROM THE AUTOMATIC EXPIRATION OF SAID APPROVAL; PROVIDING FOR THE CONTINUATION OF THE CONDITIONAL REZONING FROM RMF-1 ZONE DISTRICT TO RMF-4 ZONE DISTRICT, FOR A PERIOD OF ONE (1) YEAR MEASURED FROM THE AUTOMATIC EXPIRATION OF SITE AND Book 34 Page 8953 12/21/92 6:00 P.M. DEVELOPMENT PLAN 91-AA FOR THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 249 FEET OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 16, TOWNSHIP 36 SOUTH, RANGE 18 EAST, A/K/A 1330 NORTH LOCKWOOD RIDGE ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS THAT THE EXTENSION IS WARRANTED UNDER THE CIRCUMSTANCES: ETC. (TITLE ONLY) (PETITION NO. 91-CO-4, JOHANSSON) = PASSED ON FIRST READING (AGENDA ITEM IV-2) #2 (1022) through (1155) Mike Taylor, Deputy Director of the Planning and Development Department, came before the Commission and stated that the site in question is located on the east side of North Lockwood Ridge Road midway between 12th and 17th Streets; that a year ago the City Commission approved a conditional rezoning and site plan for a low income physically handicapped facility and it was rezoned from RMF-1 to RMF-4; that this proposed ordinance would grant a one-year extension on the conditional rezoning and site plan. Commissioner Merrill left the Commission Chambers at 8:07 p.m. John Cook, Esq. 1844 Main Street, representing. the petitioner. Sarasota Area Housing, Inc., came before the Commission and stated that despite efforts to get this approval put through before the end of 1991, it wasn't approved until January 6, 1992, and that put it into the 1992 batching cycle for reapplication to Housing and Urban Development (HUD); however, the funding has been approved; that HUD made additional requirements due to Hurricane Andrew when some regulations were rewritten which impacted some of the exterior materials to be used; that plan approval should be soon; however, the extension is needed since January 6 is getting closer. 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. 93-3656 by title only. On motion of Commissioner Atkins and second of Vice Mayor Pillot, it was moved to adopt proposed Ordinance No. 93-3656. Motion carried unanimously (4 to 0): Atkins, yes; Patterson, yes; Pillot, yes; Gurney, yes. Commissioner Merrill returned to the Commission Chambers at 8:10 p.m. Mayor Gurney recognized that some Boy Scouts were present in the audience and introduced them as follows: Scout Master John Weston Assistant Scout Master Marcus Moore, Sr. Book 34 Page 8954 12/21/92 6:00 P.M. Boy Scout Marcus Moore, Jr. Boy Scout Damien Moore Boy Scout Derrick Moore 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3648, AMENDING ARTICLE VI, ZONING CODE, PERTAINING TO ENCROACHMENTS IN REOUIRED YARDS BY PROHIBITING ELECTRIC FENCES IN ALL REOUIRED YARDS OF PROPERTY LOCATED IN ANY ZONE DISTRICT; MAKING FINDINGS; PROVIDING A GRACE PERIOD FOR IMPLEMENTATION OF THE REQUIREMENTS OF THIS ORDINANCE; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-3) #2 (1184) through (1227) Bill Hewes, Director of the Building, Zoning, Housing, and Code Enforcement Department, came before the Commission and stated that the proposed ordinance will forbid the use of electric fences within the City. 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. 93-3648 by title only. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to adopt proposed Ordinance No. 93-3648. Motion carried unanimously (5 to 0): Atkins; yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 92-3635, CONDITIONALLY REZONING FROM RMF-5 ZONE DISTRICT TO CRT ZONE DISTRICT THE FOLLOWING DESCRIBED PROPERTY: LOTS 10, 12, 14, 16, 18 AND 20, BLOCK 21, PLAT OF SARASOTA AS RECORDED IN PLAT BOOK A, PAGE 30, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; A/K/A 1333/1365 FRUITVILLE ROAD; MORE PARTICULARLY DESCRIBED THEREIN; ETC. (TITLE ONLY) (PETITION NO. 92-CO-07, FAMIGLIO) = PASSED ON FIRST READING WITH THE DELETION OF ITEM 5 IN SECTION 4 (AGENDA ITEM IV-4) #2 (1228) through (2838) Mike Taylor, Deputy Director of the Planning and Development Department, came before the Commission and stated that the site is located on Fruitville Road just west of the Blue Line building; that a rezoning to Commercial Residential Transition (CRT) is being requested; that the Planning Staff and Planning Board/Local Planning Agency recommend approval of this conditional rezoning with several stipulations; that the main concern remaining is the condition of the structures located on Lots 18 and 20; that there is some historic significance to the structures but they need to be brought up to Code or demolished. Book 34 Page 8955 12/21/92 6:00 P.M. Mr. Robert Steuber, architect, Mr. Whit Rylee, historic consultant, and Mr. Mark Famiglio, petitioner and owner of the property, came before the Commission. Mr. Steuber stated that he is currently involved in planning a resolution to these structures. Mr. Rylee displayed several slides of the two historically significant structures on Lots 18 and 20 and stated that he has been working with the owner removing non-historical partition walls and peeling it back to the historic fabric in an exploratory demolition manner. Mr. Steuber stated that the investigation has historically assured them that one structure is the Whitaker-smith Livery that was originally on Main Street; that at one point it was also called "The Inn" but originally was constructed as a livery, which would make it the oldest identified commercial building in the area. Mr. Steuber continued that he has been working on the project for 45 days and in that time has done a very selective demolition to find out what parts of the structure are savable and structurally sound; that the two structures on Lots 18 and 20 are sound and the structural damage done so far can be remedied. Mr. Rylee explained the various slides depicting the S. T. Humber House and stated that it was built on the present site around 1905 or 1906 according to his research; that the house is a Queen Anne building; that carpenter cutout gingerbread details were found in the attic as well as the original wood shingles under the metal roof, and turnposts were discovered under some box columns; that in 1924 Mr. Humber sold the lot next door to H. B. Williams. Mr. Rylee stated that Hamlin Whitaker, who was the son of the first pioneer, constructed the livery stable in 1886 on Main Street that he later had moved to its present site (the lot on Fruitville Road next to the Humber House) i that the livery stable was later renovated and became known as "The Inn." Mr. Rylee stated that at the start of this project, he was cynical that this structure was the Whitaker-smith Livery; however, after extensive research, he is assured of its authenticity. Mr. Steuber stated that he was on a schedule to produce documents to apply for a building permit for rehabilitation of the two structures unless it is found to be cost prohibitive; that contiguous in this same parcel of land there are two duplexes, which when they are cleaned up and with the CRT zoning would be occupied as a home for the Sarasota County Arts Council. Vice Mayor Pillot stated that the recommendation from Administration is to pass this proposed ordinance on first reading but to hold off the second reading until the two structures at 1365 Book 34 Page 8956 12/21/92 6:00 P.M. and 1375 Fruitville Road (Lots 18 and 20) are brought up to Code or demolished and asked whether that was acceptable with the petitioner. Mr. Famiglio stated that the reason he is petitioning the Commission for CRT zoning is for the Sarasota County Arts Council offices; that he had foreclosed on the two duplexes adjacent to the two old buildings over a year ago and knew there was an underlying comprehensive plan that would allow for CRT zoning; however, when the City condemned land for the widening of Fruitville Road, the parcel was brought under the 20,000 square feet requirement for the CRT zoning; that the Planning Staff recommended the structures be torn down before a Certificate of Occupancy (CO) is approved for the Sarasota County Arts Council; that he had never been told to try to bring the buildings up to Code. Mr. Famiglio continued that the Arts Council needs to be moved in by January 25, 1993. Mr. Rylee stated that the two historic structures could not be brought up to Code by January 25, 1993 because it takes time to get the plumbers, electricians, and window restorers in to do the work; also that he has never seen a rehabilitation successfully accomplished in 45 days. Vice Mayor Pillot asked Administration whether there was an alternative that would allow reasonable time to see if the two structures that seem very worthy of preservation can be brought up to Code, while at the same time not delaying the use of the land for purposes like the Arts Council. Mr. Sollenberger stated that the Planning Board's recommendation allowed a year from the effective date of the zoning ordinance to accomplish bringing the buildings up to Code or removal; that the Planning Department Staff felt that one year was too long. Commissioner Patterson stated that she wanted the Planning Department to advise the Commission whether they feel the rezoning to CRT is an appropriate land use. Mr. Famiglio stated that he looks at the restoration of the two old buildings as a service to the community because it has cost over $10,000 just to have the buildings evaluated; that he is only requesting the rezoning so the Arts Council can have office space. Mr. Taylor stated that the rezoning of the site to CRT is recommended by the Planning Staff because it is within the City's Comprehensive Plan designated for such zoning and would be an appropriate future land use. Vice Mayor Pillot stated that it seems that Code Enforcement leading even to demolition can occur regardless of the zoning on which the property sits; therefore, if the Commission agrees to rezone it to CRT, it is not going to give any extra life to these Book 34 Page 8957 12/21/92 6:00 P.M. buildings and asked if this was correct. Mr. Sollenberger stated that he was correct. Vice Mayor Pillot continued that as far as getting these two buildings torn down or brought up to Code did not create a risk for the City by allowing the Arts Council to profit from the rezoning and asked if that was logical. Mr. Sollenberger stated that it was logical. Mayor Gurney opened the public hearing. Patricia Caswell, 1623 North Drive, came before the Commission and stated that the Sarasota County Arts Council has been under the grace of New College for six or seven years and has until January 25, 1993 to vacate their present office location; that they need the Certificate of Occupancy (CO) in order to have office space by that time. There was no one else to speak and the public hearing was closed. City Auditor and Clerk Robinson read proposed Ordinance No. 92-3635 by title only. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to adopt proposed Ordinance No. 92-3635 with the deletion of Item 5 in Section 4. Item 5 read as follows: "Petitioner shall cause two smaller buildings located on Lots 18 and 20, Block 21, Plat of Sarasota, as more particularly described herein, the exact location of which is described on the survey submitted by Petitioner, prepared by Robert Steuber, Architect, and dated October 1, 1992, a copy of which is filed at the Planning & Development Department, to be demolished prior to the issuance of the first certificate of occupancy for the renovation of the two existing duplexes." Vice Mayor Pillot asked whether Commissioner Merrill would agree that with regard to the two smaller buildings on this parcel, that this rezoning should not be considered by the petitioner or any other parties as giving any special consideration or immunity from Code Enforcement to the buildings at 1365 and 1375 Fruitville Road. Commissioner Merrill stated that he supports that statement. Mayor Gurney stated that that would be understood in the motion. Mayor Gurney called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3657, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1864 CLEMATIS STREET, HISTORICALLY KNOWN AS THE VAN ARSDALE HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE Book 34 Page 8958 12/21/92 6:00 P.M. ONLY) (PETITION NO. 93-HD-01, HARTIG) PASSED ON FIRST READING (AGENDA ITEM IV-5) #2 (2840) through (2998) Mike Taylor, Deputy Director of the Planning and Development Department, came before the Commission and stated that the Historic Preservation Board has recommended this designation unanimously for the structure at 1864 Clematis Street and Planning Staff also recommends approval. Commissioner Merrill stated that since the Commission has had sufficient time prior to tonight's meeting to review this material, asked whether the Commission could handle such designations routinely except any on which someone has a concern. Mayor Gurney stated that he feels a brief presentation is necessary so the public watching knows what the Commission is doing. Al Barrett, Senior Planner, displayed a picture of the subject house on the overhead projector. 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. 93-3657 by title only. On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to adopt proposed Ordinance No. 93-3657. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 16. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3658, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 495 MCKINLEY DRIVE, HISTORICALLY KNOWN AS THE MILLER HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA, ETC. (TITLE ONLY) (PETITION NO. 93-HD-02, RYLEE) = REOUEST WITHDRAWN (AGENDA ITEM IV-6) #2 (3000) through (3018) Mike Taylor, Deputy Director of the Planning and Development Department, came before the Commission and stated that he was just informed that the petitioner was withdrawing the request for the designation of the structure at 495 McKinley Drive. 17. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3659, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1682 HAWTHORNE STREET, HISTORICALLY KNOWN AS THE BOROOM HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE Book 34 Page 8959 12/21/92 6:00 P.M. ONLY) (PETITION NO. 93-HD-03, HARTIG) = PASSED ON FIRST READING (AGENDA ITEM IV-7) #2 (3020) through (3079) Mike Taylor, Deputy Director of the Planning and Development Department, came before the Commission and displayed a photograph of the structures located at 1682 Hawthorne Street and stated that the Historic Preservation Board has recommended unanimously that the designation be approved; that the Planning Staff also recommends approval. 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. 93-3659 by title onlyo On motion of Commissioner Merrill and second of Vice Mayor Pillot, it was moved to adopt proposed Ordinance No. 93-3659 on first reading. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 18. UNFINISHED BUSINESS = ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 93-3643, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 310 SOUTH OSPREY AVENUE, HISTORICALLY KNOWN AS THE FREDERICKSON HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 92-HD-17, HARTIG) = SECOND READING PUT ON HOLD AT REQUEST OF PETITIONER (AGENDA ITEM VII-2) #2 (3085) through (3100) City Auditor and Clerk Robinson stated that for the record the petitioner wanted to put the second reading of proposed Ordinance No. 93-3643 on hold. 19. BOARD APPOINTMENTS (AGENDA ITEM IX) #2 (3101) through (3110) There were no board appointments. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = DIRECTED ADMINISTRATION TO CONSIDER LIMITING PARKING ON STREETS ALL NIGHT AS PART OF THE MLK SECTOR STUDY = DIRECTED THE CITY AUDITOR AND CLERK TO PLACE THE RESULTS OF THE PLANNING BOARD/LOCAL PLANNING AGENCY'S REPORT AT ITS MEETING ON JANUARY 4, 1993 ON THE MATTER OF HOME OCCUPATIONS THAT GENERATE NEITHER TRAFFIC NOR EMPLOYEES WHO ARE REQUIRED TO GET A SPECIAL EXCEPTION AND PAY A $1,000 FEE ON THE AGENDA OF THE REGULAR CITY COMMISSION MEETING OF JANUARY 19, 1993 TO SET IT FOR PUBLIC HEARING = A CITIZEN COMMENDED POLICE OFFICER Book 34 Page 8960 12/21/92 6:00 P.M. CHRIS BORN FOR DOING AN EXCELLENT JOB INSTRUCTED ADMINISTRATION TO CHECK TO SEE WHETHER THERE IS A COUNTY ORDINANCE THAT LIMITS THE NUMBER OF VEHICLES THAT CAN BE PARKED ON PROPERTY AND IF THERE WOULD BE ANYTHING IN SUCH AN ORDINANCE THAT WOULD BE OF BENEFIT TO THE CITY (AGENDA ITEM X) #2 (3118) through #3 (0222) COMMISSIONER ATKINS : A. stated that a few residents on Dr. Martin Luther King Jr. Way have expressed concern about the ability of people to park along that street all night when businesses are closed; that he feels that as part of the MLK Sector Study the City should consider limiting parking after a reasonable time at night. Commissioner Atkins wished everyone Happy Holidays. COMMISSIONER MERRILL: A. asked whether any of the Commissioners felt the City should regulate yard sales more than they do now. It was the consensus of the Commission that they did not feel they needed to regulate yard sales any more than is done now. Commissioner Merrill wished everyone a Merry Christmas. COMMISSIONER PATTERSON: A. stated that two meetings ago the Commission discussed the fact that currently people who are trying to perform some type of home occupation that generates neither traffic * nor employees does not merit a Special Exception and the $1,000 fee and had asked Staff to check into it and she wanted to know where the City was on this matter. City Attorney Taylor stated that it was set for the January 4, 1993 Planning Board/Local Planning Agency meeting. Mike Taylor, Deputy Director of the Planning and Development Department, stated that the Board's findings on this would be brought to the City Commission in February. Commissioner Patterson stated that she would like to hear the report on this matter as quickly as possible after the January 4 meeting because she feels it should be expedited. City Auditor and Clerk Robinson stated that it could be placed on the agenda for the January 19 meeting as an advanced Planning Board report; however, that is the night of the St. John's nudity ordinance. Book 34 Page 8961 12/21/92 6:00 P.M. It was the consensus of the Commission to have the Planning Board's report on this matter placed on the agenda of the meeting of January 19. Commissioner Patterson wished everyone a Merry Christmas or Happy Holidays. VICE MAYOR PILLOT: A. stated that he had received a letter a few weeks ago from a lady who has lived in Sarasota for about 50 years; that she sent it to him because she was very active in the Parent Teachers Association (PTA) of Sarasota High School when he was principal; that she asks that he bring into the record a commendation regarding Police Officer Chris Born because not since she worked with Detective Sergeant Jim Edens has she seen such a "powerhouse." Vice Mayor Pillot continued that she states that "this young man has what it takes to make a great police officer, and she is hard to please. u Vice Mayor Pillot stated that he would pass this letter along to Police Chief Jolly. B. stated that he has discussed complaints regarding the large number of vehicles parked at the property, as well as some other concerns, at Osprey Avenue and Bayview Drive with Administration and they followed up very quickly, effectively, and thoroughly to do whatever is within the City's right to do. Vice Mayor Pillot stated that a lady who contacted him with a complaint made reference to a County ordinance, with which he is not familiar, that limits the number of vehicles that can be parked and the purpose for which they are parked and so forth and asked whether the Commission wanted to pursue this matter in any way. Vice Mayor Pillot continued that he had told the citizen that he would check with the Commission to see if there is any direction it would like to take with the City Attorney and City Manager as to whether the City needs a stricter ordinance involving the problems that exist on that particular property. Commissioner Patterson stated that she feels they should see if there is anything the Commission can do that is not going to unreasonably impact the rest of the City because it is both an eyesore and an annoyance to the neighborhood. Bill Hewes, Director of the Building, Zoning, Housing, and Code Enforcement Department, came before the Commission and stated that the City has had a number of complaints regarding this property and his department has investigated all of them; that the City has had a number of boats removed from the site Book 34 Page 8962 12/21/92 6:00 P.M. that they were able to prove did not belong to the property owner and had a number of things relocated on the site so that they are behind the required front yard setback; that on one occasion a neighbor called and notified him that the man was loading his truck on a weekday and a Code Enforcement Inspector was sent to observe; however, the man saw and recognized the inspector and did not drive his truck away while being watched. Mr. Hewes continued that they have never been able to find him advertising in the newspaperi that he won't sell firewood to people they have sent there; that they have not been able to prove that he is engaging in business even though there are many indications that he probably is. Mr. Hewes stated that he had asked Mark Singer of the City Attorney's Office less than ten days ago what could be done about the situation; that Attorney Singer stated that unless the City can find the man using his trucks for commercial purposes and they are not registered for that use, there isn't anything the City can do. Vice Mayor Pillot asked whether Administration could check to see whether there is a County ordinance that limits the number of vehicles that can be parked on property and if there would be anything in such an ordinance that would be of benefit to the city. Vice Mayor Pillot extended holiday greetings to everyone. MAYOR GURNEY wished everyone a Happy Holiday. F. 21. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (0223) through (0230) CITY MANAGER SOLLENBERGER stated that he wanted to express his wish for Happy Holidays and a happy and successful New Year to everyone. CITY AUDITOR AND CLERK ROBINSON stated that he reiterated Mr. Sollenberger's wish. CITY ATTORNEY TAYLOR stated that he, too, reiterated Mr. Sollenberger's wish. Book 34 Page 8963 12/21/92 6:00 P.M. 22. ADJOURN (AGENDA ITEM XII) #3 through (0231) The Regular Sarasota City Commission Meeting of December 21, 1992 was adjourned at 9:10 p.m. - h - n a C JACK GURNEY, MAYOR ATTESTa Billy & Robenson BILLY E.CAOBINSON, CITY AUDITOR AND CLERK Book 34 Page 8964 12/21/92 6:00 P.M.