Book 34 Page 8996 01/19/93 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 19, 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.mo City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0021) through (0104) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Presentation Re: Resolution of Appreciation to the City of Sarasota for assistance after Hurricane Andrew, per the request of Mayor Conte, Village of Key Biscayne B. Add. to Consent Agenda No. 1, Item No. III-A-4, Approval Re: Purchase contract for mobile home in the amount of $10,500, located at Lot W3, Street 5, Sarasota Mobile Home Park in accordance with Resolution No. 90R-383, at the request of General Services Director Gerkin C. Add to Consent Agenda No. 1, Item No. III-A-5, Approval Re: Purchase contract for mobile home in the amount of $7,500, located at Lot W4, Street 4, Sarasota Mobile Home Park in accordance with Resolution No. 90R-383, at the request of General Services Director Gerkin D. Remove from Consent Agenda No. 1, Item No. III-A-2, Approval Re: Contract for professional engineering services for the St. Armands Circle Municipal Parking Project. This item will be placed on the January 25, 1993 Special Meeting. E. Add to New Business, Item No. VIII-5, Discussion Re: Use of the former Chicago White Sox Clubhouse at Payne Park, at the request of Commissioner Patterson F. Add to New Business, Item No. VIII-6, Approval Re: Final Site and Development Plans for Lockwood Ridge Handicapped Housing Project Commissioner Atkins stated that he would like to request that New Bus. iness Item No. VIII-4, Approval Re: Authorization to install "No Parking Between Midnight and 6:00 a.m." signs restricting overnight on-street parking on Dr. Martin Luther King, Jr. Way be removed from the agenda tonight because he feels more exploration needs to be done on this before the Commission decides whether to support it or not. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve the Changes to the Orders of the Day, including the request of Commissioner Atkins. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR DECEMBER 1992 - MARNEY J. DEAN, SPORTS FACILITIES MANAGEMENT ASSISTANT AT THE ED SMITH SPORTS STADIUM #1 (0106) through (0229) Patrick Calhoon, Sports Facilities Manager, came before the Commission and introduced Marney J. Dean, Sports Facilities Management Assistant at Ed Smith Stadium, and stated that he is fortunate to have her as his assistant; that she supersedes even more than what the position requires; that she played a key role in developing the document that was used in the successful awarding of the State High School Baseball Tournament for Ed Smith Stadium for the next four years; that she has distinguished herself with work with the United Way by scheduling, supervising, and planning the fund-raising event for the City of Sarasota as part of a Sarasota White Sox game this past summer. Mayor Gurney presented Marney J. Dean with a plaque for Employee of the Month for December 1992 in appreciation of her unique performance with the City of Sarasota and congratulated her for her outstanding efforts. 3. APPROVAL OF MINUTES = APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 4, 1993 = APPROVED (AGENDA ITEM I) #1 (0245) through (0255) On motion of Commissioner Atkins and second of Vice Mayor Pillot, it was moved to approve the Minutes of the Regular Sarasota City Book 34 Page 8997 01/19/93 6:00 P.M. Book 34 Page 8998 01/19/93 6:00 P.M. Commission Meeting of January 4, 1993. Motion carried unanimously (5 to 0): : Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 4. BOARD ACTIONS ADVANCED PARTIAL REPORT RE: PLANNING BOARD /LOCAL PLANNING AGENCY'S REGULAR MEETING OF JANUARY 6, 1993 = SET PROPOSED ORDINANCE NO. 93-3660 FOR A PUBLIC HEARING THE BEGINNING OF FEBRUARY = ACCEPTED THE ADVANCED PARTIAL REPORT (AGENDA ITEM II-1) #1 (0256) through (1233) Mayor Gurney requested that City Auditor and Clerk Robinson explain how Board Actions are handled with respect to public input. Mr. Robinson replied that citizens' input is not allowed on topics that Boards had previously held public hearings on prior to being presented to the City Commission, and noted that since all board reports to come before the Commission tonight had prior public hearings, no public input would be allowed. Jane Robinson, Planning and Development Director, and Berta Lefkovich, Chairperson of the Planning Board/Local Planning Agency, came before the Commission. A. Occupational Licenses Home Occupations Ms. Lefkovich stated that the Planning Board/Local Planning Agency found proposed Ordinance No. 93-3660 consistent with the Sarasota City Plan and recommends that the City Commission adopt it with the following changes: Delete the following sections from the draft ordinance: (g) (2) The home occupation is conducted by way of telephone, computer, facsimile equipment, or similar office equipment. (g) (3) The home occupation has absolutely no clients traveling to the dwelling unit in which it is located. Modify where applicable in the draft ordinance to state that the home occupation be identified as a permitted accessory use in,RSF, RMF, and OPB Zone Districts Modification of paragraph (g) (5) as follows: On initial application or change in address, ownership or use a permit shall be obtained from the Director of Building, Zoning and Code Enforcement for each home occupation. The applicant shall submit a permit application on forms prescribed by the Director of Building, Zoning and Code Enforcement. The Director of Building, Zoning and Code Enforcement shall find that each of the. criteria in subparagraphs (1) through (4) above have been satisfied, prior to granting a permit pursuant to this section. That by October 1, 1993 all existing home occupations will be required to obtain a home occupation permit and the City shall notify all existing home occupations within sixty (60) days after adoption of this ordinance. Ms. Robinson stated that they are reducing this process from being a Special Exception to being approved administratively; that they would like to make some additional modifications to the ordinance that would be presented to the Commission at the public hearing. Mayor Gurney stated that he had spoken to the City Attorney to seek clarification of this proposed ordinance. City Attorney Taylor stated that Mayor Gurney wanted to know whether there was a particular reason why all home occupations, no matter how minor they might be in terms of having no impact on a surrounding area, should be required to pay an Occupational License. Attorney Taylor stated that the proposed ordinance provides for no type of Occupational Licenses, permits, or fee requirements; that the Planning Board specifically omitted such language because they did not want to burden persons having to go through a permit fee process. Commissioner Patterson stated that her understanding of the current Zoning Code is that it requires an Occupational License as well as a Special Exception, which costs $1,000; that she understood that the only people who apply for an Occupational License are those that wish to write off the expense of a portion of their home as a home office as a tax deduction. Vice Mayor Pillot stated that he feels that the city should not require an Occupational License or Zoning change if there is no identification of the function and no traffic coming to the home to intrude into a neighborhood. Bill Hewes, Building Department Director, came before the Commission and stated that the City licenses according to the type of business and if it is a business the same as other businesses, he feels they should paying for the license just as though they were in a business area. Ms. Lefkovich stated that she feels a distinction needs to be made between certain types of businesses where an individual goes to work in an office and someone who goes to work in someone's home. Mr. Hewes stated that he feels if the City is going to charge anyone for an Occupational License for a specific type of business, then they have to charge everyone for a license who engages in the same type of business. Book 34 Page 8999 01/19/93 6:00 P.M. Book 34 Page 9000 01/19/93 6:00 P.M. Commissioner Merrill stated that he feels if someone is going to operate a business from a neighborhood, it is their burden to keep their traffic generation below the average. On motion of Commissioner Patterson and second of Commissioner Atkins, it was moved to set proposed Ordinance No. 93-3660 for a public hearing the beginning of February. Motion carried unanimously (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 Advanced Partial Report of the Planning Board/Local Planning Agency's regular meeting of January 6, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 5. CONSENT AGENDA NO. 1: ITEMS 1, 3, 4, AND 5 - APPROVED; ITEM 2 WAS REMOVED IN THE CHANGES TO THE ORDERS OF THE DAY TO BE PLACED ON THE JANUARY 25, 1993 AGENDA (AGENDA ITEM III-A-1, -3, -4, AND -5) #1 (1235) through (1264) Mayor Gurney requested that City Auditor and Clerk Robinson explain the purpose for Consent Agendas. Mr. Robinson replied that items under Consent Agenda No. 1 are considered routine matters; that if a Commissioner desired to do sO, he/she could request that an item be removed for discussion before voting; that Consent Agenda No. 2 consisted of resolutions and ordinances that required a roll call vote. Mayor Gurney stated that Item 2 was removed in the Changes to the Orders of the Day. 1. Approval Re: Construction of R.O. Supply Well No. 8, R.F.P. #93-23 3. Approval Re: Authorization to proceed with City-initiated rezoning of the North Trail 4. Approval Re: Purchase contract for mobile home in the amount of $10,500, located at Lot W3, Street 5, Sarasota Mobile Home Park in accordance with Resolution No. 90R-383 5. Approval Re: Purchase contract for mobile home in the amount of $7,500, located at Lot W4, Street 4, Sarasota Mobile Home Park in accordance with Resolution No. 90R-383 On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Items 1, 3, 4, and 5. Motion carried unanimously (5 to 0): Atkins, yesi Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 93R-628) - ADOPTED; ITEM 2 (RESOLUTION NO. 93R-629) = ADOPTED; ITEM 3 (RESOLUTION NO. 93R-630) = ADOPTED; ITEM 4 (ORDINANCE NO. 92-3568) - ADOPTED; ITEM 5 (ORDINANCE NO. 92-3570) = ADOPTED; ITEM 6 (ORDINANCE NO. 93-3655) ADOPTED; AND ITEM 7 (ORDINANCE NO. 93-3662) = ADOPTED (AGENDA ITEMS III-B-1, -2, -3, -4, -5, -6, AND -7) #1 (1265) through (1467) Commissioner Atkins asked for a brief explanation of Item 1 and whether the video cameras were going to be mounted in the patrol cars. Gordon Jolly, Police Chief, came before the Commission and stated that the video cameras were going to be handheld; that there are a number of things that they would like to make sure that video tapes are made because it is good evidence and a graphic way to bring problems to the attention of the City Commission. City Auditor and Clerk Robinson read Resolution Nos. 93R-628 and 93R-629 in their entirety and Resolution No. 93R-630 and Ordinance Nos. 92-3568, 92-3570, 93-3655, and 93-3662 by title only. 1. Adoption Re: Proposed Resolution No. 93R-628, appropriating $2,400.00 from the Special Law Enforcement Trust Fund (Forfeitures) for the purpose of purchasing three video cameras for the Patrol Division of the Police Department 2. Adoption Re: Proposed Resolution No. 93R-629 appropriating $2,178.00 from the Special Law Enforcement Trust Fund (Forfeitures) for the purpose of purchasing law enforcement handbooks for all police officers 3. Adoption Re: Proposed Resolution No. 93R-630 authorizing the City Manager and his staff to apply for a Highway Beautification Grant from the Florida Department of Transportation; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 92-3568, amending the Sarasota city Code to provide for policies as to the annexation of parcels into the City; making findings as to need; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 92-3570, amending Article VI, Zoning Code, to delete the requirement that any new property annexed into the City shall be in the RSF-4 Zone District until rezoning Book 34 Page 9001 01/19/93 6:00 P.M. Book 34 Page 9002 01/19/93 6:00 P.M. occurs; providing for procedures to amend the Comprehensive Plan to annexed property; setting forth an equivalency table of zone districts of Sarasota County and the City of Sarasota for the zoning of property being annexed into the City limits; amending Article I, Zoning Code, to revise the fee for petitions for annexation; making findings as to need; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 6. Adoption Re: Second reading of proposed Ordinance No. 93-3655, amending Chapter 31, Personnel, of the Code of the City of Sarasota (1971), incorporated by reference in Chapter 24, of the Code of the City of Sarasota (1986), Article II, Retirement System generally, amending and restating Article II in its entirety; providing for amended definitions; providing for membership in the Plan; providing for a Board of Trustees; providing for finances and fund management; providing for contributions and funding; providing for credited service; providing for normal and early retirement; providing pension benefits; providing for optional forms of pensions; providing termination benefits; providing death benefits; providing disability benefits; providing for commencement and distribution of benefits; providing for a Claims Procedure before the Board; providing for exemptions from execution, non-assignability and executions; providing for pension validity; providing for an actuary and actuarial tables; providing for forfeiture of pension benefits under certain circumstances; providing for repeal or termination of the system; providing for the severability of provisions; repealing all ordinances in conflict herewith; etc. (Title Only) 7. Adoption Re: : Second reading of proposed Ordinance No. 93-3662, amending Section 21-2, Sarasota City Code, pertaining to loitering for unlawful purposes so as to add thereto a requirement that an arresting officer provide the offender with an opportunity to explain the offender's conduct prior to arrest; repealing ordinances in conflict; providing for the severability of parts hereof if declared invalid; etc. (Title Only) On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 2, Items 1 through 7 inclusive. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 7. SCHEDULED PRESENTATIONS - PRESENTATION RE: REQUEST BY J. H. FLOYD SUNSHINE MANOR, INC. TO LEASE ADDITIONAL PROPERTY LOCATED APPROXIMATELY 380 FEET WEST OF THE EXISTING LEASED PROPERTY BEYOND THE VACATED GOODRICH AVENUE FOR CONSTRUCTION OF A CHILD CARE CENTER = SET FOR PUBLIC HEARING AT A DATE WHEN ADMINISTRATION, THE CITY AUDITOR AND CLERK, AND THE DISTRICTED COMMISSIONER FEEL CONFIDENT THAT ADEOUATE PUBLICITY HAS BEEN GIVEN TO THIS AMONG THE PEOPLE WHO MOST USE THE ORANGE AVENUE PARK AND REQUESTED INPUT FROM THE PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD AND THE COUNTY PARKS AND RECREATION DEPARTMENT: SUPPORTED THE PROPOSED CONSTRUCTION ON EXISTING LEASEHOLD CONSISTENT WITH BUILDING REGULATIONS (AGENDA ITEM V-1) #1 (1469) through (2175) Dewayne Harvey, Executive Director of J. H. Floyd Sunshine Manor, Inc.. George Bumbray, President of the Board of Directors of J. H. Floyd Sunshine Manor, Inc. and Michael P. Ritter, AIA, architect representing J. H. Floyd Sunshine Manor, Inc. came before the Commission. Mr. Ritter distributed site plans to the Commissioners that superseded those plans distributed earlier. Mr. Harvey stated that J. H. Floyd Sunshine Manor, Inc. leases land from the City on 18th Street where the existing nursing facility sits which houses 68 elderly people who could not normally afford nursing home care; that over the last couple of years they have developed a waiting list; that they have submitted a Certificate of Need to the State of Florida to increase the size of the existing facility. Mr. Harvey continued that since the facility is on City-owned leased property, they need the City's approval to expand; that they would also like to build a day care center on the property. Mr. Harvey stated that they are adjacent to the Orange Avenue Park and are asking for 200 feet of the park to add an adult congregate living facility as well as to correct drainage problems they have. Vice Mayor Pillot asked the City Manager for comments as to whether the additional land or additional proposed usage would have any problems related to it with respect to the use of the property or the well site or any other matters that would be involved. City Manager Sollenberger stated that he sees no reason why the City Commission should not grant the approval for the additional facility to be built within the existing area as long as it is in compliance with all codes of the City. Mr. Sollenberger continued that the request for additional space is an issue for the Commission to resolve because there has been discussion in the past on using the Orange Avenue Park property for other than park purposes and the Commission has not wanted to grant non-park use of the property. Mr. Sollenberger stated that the well (R.O. Supply Well No. 8 approved under Consent Agenda No. 1, Item 1) can be located anywhere on the site. Commissioner Atkins stated that he talked to Mr. Harvey today about this proposal; that he does not have a problem with their needs to Book 34 Page 9003 01/19/93 6:00 P.M. Book 34 Page 9004 01/19/93 6:00 P.M. expand; however, his concern is the position the Commission has always taken regarding preserving the Park; that he watched the Park today and found it to be used quite a bit. Commissioner Atkins continued that the child care center within the leasehold agreement is acceptable as long as it conforms to the Zoning Code, but the neighborhood and community needs to be approached to get a good cross section of support for taking away the Park. Mayor Gurney asked whether Commissioner Atkins felt it should be set for public hearing and notices sent out to residents in the area. Commissioner Atkins stated that he felt that would be the best way to approach this. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to set this issue for a public hearing at a date when Administration, the City Auditor and Clerk, and the Districted Commissioner feel confident that adequate publicity has been given to this among the people who most use the Orange Avenue Park and that input from the Parks, Recreation, and Environmental Protection Advisory Board and the County Parks and Recreation Department is received. Vice Mayor Pillot stated that with the permission of the Chair and the seconder, he would like to add to the motion that the proposed construction on existing leasehold be supported by the Commission consistent with the building regulations as mentioned by the City Manager. 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. 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. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3639, TO VACATE THAT PORTION OF BROWNING STREET DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 2, BLOCK F, POMS PARK; THENCE EASTWARDLY ALONG THE NORTHERLY LINE OF BROWNING STREET, 50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 2, 50.00 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK H, POMS PARK: THENCE WESTWARDLY ALONG THE SOUTHERLY LINE OF BROWNING STREET, 50.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, AND THENCE NORTHWARDLY ALONG THE NORTHERLY PROJECTION OF THE WESTERLY LINE OF SAID LOT 1, 50.00 FEET TO THE POINT OF BEGINNING; MORE PARTICULARLY DESCRIBED THEREIN; ETC. (TITLE ONLY) (PETITION NO. 93-8V-01, NAYLOR - REPRESENTING FIRST CHURCH OF GOD) PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (2178) through (2365) Jane Robinson, Planning and Development Director, came before the Commission and City Auditor and Clerk Robinson swore her in. Ms. Robinson stated that this was a small street vacation located on Browning Street and the Planning Board/Local Planning Agency recommended approval and there was no public input at the Planning Board public hearing opposing this. Mayor Gurney opened the public hearing. There was no one to speak and the public hearing was closed. Commissioner Atkins left the Commission Chambers at 7:04 p.m. Mr. Robinson read proposed Ordinance No. 93-3639 by title only. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 93-3639 on first reading. Motion carried unanimously (4 to 0): Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 9. PUBLIC HEARING RE: 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 ESTABLISIMENTS 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) = PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (2366) through #2 (2960) City Attorney Taylor stated that this public hearing represents the ninth occasion, going back to March 9, 1992, when the City Commission has had before it in either public hearing posture or for public discussion, the question of the regulation of nudity within the City of Sarasota. Attorney Taylor continued that there have been three public hearings to date on this subject and proposed Ordinance No. 93-3649 was requested by the City Commission at the July 6, 1992 City Commission meeting when it adopted an ordinance which regulated public nudity at alcoholic beverage establishments; that the Commission had requested that the scope of that regulation be expanded by using the St. Johns County ordinance as a guide since it has been before the federal court system within the State of Florida and received a favorable ruling. Attorney Taylor continued that the ordinance they are going to discuss Book 34 Page 9005 01/19/93 6:00 P.M. Book 34 Page 9006 01/19/93 6:00 P.M. tonight probably won't bear a great deal of resemblance to the St. Johns County ordinance because our regulatory scheme in Sarasota has progressed in a different manner than what took place in St. Johns County; that Sarasota has had an ordinance on the books for years concerning public nudity at such places as beaches, public parks, and other out-of-doors types of public places, in addition to the regulation the City Commission passed on July 6, 1992 which dealt with nudity in alcoholic beverage establishments; therefore, the only thing left to deal with that was also dealt with in the St. Johns County ordinance was the question of nudity within places where the public is invited to go as opposed to outdoor areas such as beaches and public streets. Attorney Taylor stated that proposed Ordinance No. 93-3649 deals with closing this particular aspect of the City's regulations and prohibits nudity in businesses or commercial establishments utilizing the same definition of nudity that the Commission has previously approved in the ordinance that deals with alcoholic beverage establishments. Attorney Taylor continued that there have been some questions raised with his office concerning the findings as set forth in this ordinance; therefore, he wanted to make a brief comment concerning his prefacing clauses; that there are those who have challenged him on the grounds that he has not brought before the Commission any particular statistics of negativism and secondary effects that have resulted in the City of Sarasota from having establishments which are open to the public not selling alcoholic beverages being able to provide for nudity within their four walls; however, that is not required. Attorney Taylor stated that over the course of these meetings and public hearings, in his opinion, they have had more than enough testimony to establish a record concerning the Commission's ability to regulate the activity that is provided for in this ordinance if the Commission sO chooses; that he is making as part of the record tonight the St. Johns County ordinance which goes into great detail concerning the findings as to the negative aspects of nudity within that community; that he asks that the record show that the determination has been made in the City of Sarasota that the same sorts of things would or have resulted here as they have in other communities; that this ordinance is designed to protect order and morality and combat the secondary effects of public nudity. Commissioner Atkins returned to the Commission Chambers at 7:12 p.m. Vice Mayor Pillot asked that City Attorney Taylor repeat for emphasis his statement as to the purpose of this ordinance with regard to morality and secondary effects because in his mind that is the key to this issue. Attorney Taylor restated that one of the issues that has been raised in some legal proceedings is what is the public purpose that an ordinance like this is designed to serve; that what he wants to make Clear is that there are basically two purposes that are served as follows: to protect order and morality to combat secondary effects of public nudity Attorney Taylor stated that this has been done before, but as part of this public hearing he wanted to mention that he has a publication which is part of the record which is the Final Report on the Attorney General's Commission on Pornography and a document which has been prepared by the American Family Association (AFA) of Florida, which is a series of ordinances which regulate sexually-oriented businesses and minimize their secondary adverse effects. City Auditor and Clerk Robinson stated that he will time speakers and advise them when they have one minute remaining; that anyone wishing to speak needs to fill out a yellow "Request to Speak" slip located in the back of the room and they will be called down by name. Mayor Gurney stated that those signed up to speak are entitled to five minutes; however, the Commission would appreciate that if someone hears redundancies and repetition, that they keep their comments as brief as possible because sO far there are 25 people signed up to speak; that he realizes some of the people have very strong feelings about this subject and they may hear people who do not agree with them speak to the Commission and he requested that they show respect for one another's feelings and asks that people do not cheer or boo. Mayor Gurney opened the public hearing. Vice Mayor Pillot stated that he wanted to advise those people coming forward to speak that the meeting was being viewed on live public television and they will be on camera when they come to speak. The following individuals came before the Commission: Bruce Cook, no address given, stated that it seems that a lot of time is spent on this issue, which he feels is too bad because there are so many other issues and problems that need to be addressed in this cityi that he feels what this issue is really about pertains to a statement made at one of these meetings a few months ago to the effect that "Christianity rules in Sarasota County"; that he thinks it is unfortunate that someone could come before a government body and make such a statement and go unchallenged because he feels it is an insult to the Jews, Moslems, Buddhists, and various other religious groups that make up the religious mosaic of our community. Book 34 Page 9007 01/19/93 6:00 P.M. Book 34 Page 9008 01/19/93 6:00 P.M. Kenneth H. Smiley III, P. O. Box 2025, representing Nature Talk, stated that he hoped the Commission would consider refraining from calling the female body obscene or unlawful in any form; that he feels women should not bind their breasts because it inhibits their circulation and may even cause lumps to form. Linda M. Royall, P. O. Box 49402, questioned some of the wording in the ordinance and stated that she feels paragraph (e) is too vague; that an article from The Wall Street Journal on January 11, 1993 was about Joe Meling from the State of Washington who killed his wife and two others with cyanide and tried to make it look like a "tampering" to avoid being caught and the article stated that the Federal Bureau of Investigation (FBI) had called strip tease bars around Tacoma and learned that Joe had been pursuing several "strippers" before he poisoned his wife and stated that these are the type of freaks who go to these types of places; that she had many similar articles; that she feels people who want to purchase pornography should be required to get a license to do so the same as for driving a car; that she is offended and harassed by the advertising in the City on billboards and in the newspapers and feels it is obscene. Richard West, 2645 Bay Street, stated that he wanted to speak about a related topic; that he and some of his neighbors came to tonight's meeting because his next door neighbor runs an escort service called "Intimate Escorts" out of her house and has been doing so for about one year; that his neighbor has a prior arrest record for prostitution and she also runs a similar business at a location on Central Avenue; that he has tried to get this problem resolved with the Police since early in November and after an investigation the Police agreed that she is running a prostitution ring at these two locations; however, they were unable to prosecute; that the State Attorney's office is unwilling to do anything about this either; that he has been told there is not enough teeth in any of the existing zoning or business ordinances to prohibit it or do anything about it; that he is asking the Commission to enact a strong statute to do something about such activities in neighborhoods. Vice Mayor Pillot stated that he felt the City Manager would want Police Chief Jolly to contact Mr. West to give him a clear explanation as to why they are unable to prosecute this person for prostitution. Tony Swain, 2605 Bay Street, stated that he is a neighbor of Mr. West's and he too is concerned about the situation there; that Mr. West's problem is that he has been trying to get this situation resolved by talking to various people in the city government and has not been getting anywhere; that he wishes the Commission could address this problem right now sO that it does not continue for another year. Commissioner Patterson stated that she feels the Commissioners would all like information on not only what the difficulties with prosecution are in this situation, but what they can do to pursue this; that she feels this activity should be illegal based on the city's Zoning Code, not to mention that prostitution is illegal at the City, County, and State levels. Mayor Gurney stated that this is the first he has heard of this situation and he feels the Administration will report back to the Commission quickly on this. Commissioner Merrill stated that he has worked on this situation with Mr. West for several months and they have run into many roadblocks and there were also limitations on dollars; that he feels it is going to take something from this Commission table to make it happen; that there were other neighbors present. Mayor Gurney asked the neighbors in the audience to show their support and four of Mr. West's neighbors stood to be recognized to indicate their concern and desire for a solution to this problem. David W. Anderson, 6406 Alesheba Lane, stated that he is a minister but he had no intention of imposing his morality on anyone; that he is concerned about what nudity can do to communities and since he is a family counsellor he has counselled many couples ravaged by the effects of adult entertainment; that sometimes the damage is irrevocable and the person goes into what is now termed "sexual addiction"; that he has a brother-in-law, a best friend, and a cousin who are in law enforcement and he has gone on 30 or 40 late night patrol rides in different communities in other states and one thing that he has seen is that crime seems to follow adult entertainment; that he had lived about 15 years in the Clearwater area and has seen how the lack of regulation has allowed adult book stores, lingerie shops, topless bars, and massage parlors to flourish and he is concerned that Sarasota is beginning to go in the same direction as Clearwater; that he asks that this Commission consider long term what happens if any form of adult entertainment is permitted and its far-reaching effects. Walter Konrady, Jr., 1310 Glen Oaks Drive E. #190, stated that he wanted to congratulate the Commission on the actions they have taken so far to try to restrict nudity; that the effects of pornography are documented in Dr. James Dobson's (Focus on the Family) interview with Theodore Bundy as an addiction and the ever-increasing appetite it creates. Mr. Konrady presented newspaper articles which are on file in the Office of the City Auditor and Clerk. Mayor Gurney passed the gavel to Vice Mayor Pillot and left the Commission Chambers at 7:50 p.m. Book 34 Page 9009 01/19/93 6:00 P.M. Book 34 Page 9010 01/19/93 6:00 P.M. Martha Smith, no address given, stated that she hopes there will be more teeth in this ordinance against lingerie modeling; that there is one person who is opening shop after shop who is a citizen of Trinidad who holds a green card and hires girls who do not have a green card to model lingerie and they work on tips only and make from $300 to $500 a day; that she feels there needs to be an ordinance against this sort of thing. Vice Mayor Pillot returned the gavel to Mayor Gurney when he returned to the Commission Chambers at 7:54 p.m. Robert E. Hudson, 2640 Britannia Road, representing the Association for Nude Recreation, Inc., stated that this morning he had faxed to the Commission Office a three-page letter; that he owns several businesses and one is a nudist travel club that meets at various people's homes; that he is concerned that this ordinance could make this club illegal if they have a get together at a member's home in the City; that he feels adult entertainment should be allowed to exist under whatever guidelines and criteria under which a business should have to operate and toplessness to him is irrelevant; however, he feels prostitution and drugs are parasites on the community and should not be tolerated. Vice Mayor Pillot asked Mr. Hudson whether he had read the entire ordinance. Mr. Hudson answered that he had not. Vice Mayor Pillot gave Mr. Hudson a copy of the proposed ordinance to read and stated that he felt it would lay his concerns to rest once he had read it because the ordinance speaks to businesses and commercial establishments and not personal residences. Commissioner Patterson left the Commission Chambers at 7:58 p.m. Ken Allen, 5321 Evora Lane, stated that he had been a Corrections Officer in Alabama for five years and worked with a lot of people who were victims of pornography and adult entertainment because they were arrested and one day alone there were eight suicide attempts and they were kids 18, 19, 20 and 21 years old; that they got involved in these establishments and he has had to tell parents that their son is going to be locked away for the rest of his life; that after five years he could not handle it any more and decided to become a teacher and he feels part of his job is to prepare his 120 students for society and he would like to see a community that is going to help them. Commissioner Patterson returned to the Commission Chambers at 8:00 p.m. Dick Morris, 447 S. Washington Drive, stated that Sarasota prides itself on intellectual freedom and he does not see how Sarasota can compare itself to the City of St. Augustine or St. Johns County in any sense; that the Attorney General's Report on Pornography (Meese Report) is as highly discredited as the former Attorney General was; that the American Family Association may have religious stature but they do not have intellectual stature and he feels their report is a self-serving report justifying their stance; that the law in question does not pertain to obscenity or pornography; that he does not see where nudity represents a problem in this community; that he hopes that this ordinance does not lead to further repression or special agendas of special interest groups. Commissioner Merrill left the Commission Chambers at 8:03 p.m. Patricia E. Phebus, 8412 Cypress Lake Circle, stated that Mayor Gurney has said that he is concerned about people's Constitutional rights and she feels it is time to put the rights of decent citizens above the rights of smut peddlers; that our society is rotting from the effects of free-thinking minorities in power who claim it is their Constitutional right to pollute the minds of young people; that at a previous meeting Mr. Dick Morris of the Sarasota Film Society chuckled that he never knew of an instance where the sight of a bare breast caused a man to go out and commit rape, but there was a highly publicized case where two men here in Sarasota were put in jail because after viewing a so-called lingerie model they then raped her; that she can't believe that Mr. Gurney, Mr. Morris, and Nora Patterson still believe that there is no evidence to support the contention that there is a direct cause and effect relationship to these nudity establishments and the explosion of violent crime; that 86% of the rapists studied currently used pornography as a preliminary to their offense; that pornography is not a First Amendment right and it has never and never will protect all expression; that among those not legally protected are obscenity, libel, slander, perjury, conspiracy, and contempt of court. Andy Carlson, 2724 Bedford Way, stated that this Commission has dealt with several similar issues, such as bathing suits and nudity with alcohol; that the Commission acted swiftly and properly in dealing with these issues; that the Commission's positions have supported a healthy and wholesome environment in which to bring up children and to operate professional businesses in the City of Sarasota; that the Commission has an opportunity to continue this foresight in preserving this wholesomeness and urged each of the Commissioners to support this ordinance while at the same time continuing to broaden the downtown redevelopment revitalization program. Freddy Jones, 2205 North Tuttle Avenue, representing the American Family Association, stated that he works in the Sarasota County school system and has seen directly and indirectly what pornography can do to children; that allowing lingerie shops and X-rated clubs encourages other things such as drugs and other kinds of crime; that he is upset by the attitudes and behavior of kids who live in Book 34 Page 9011 01/19/93 6:00 P.M. Book 34 Page 9012 01/19/93 6:00 P.M. neighborhoods where this kind of stuff is; that he came tonight to speak for the children because it does not just stop with the adults because it affects children. Bette Rentschler, 4412 North Shade Avenue, stated that it is her belief and the belief of many others that government should protect the public; that as elected officials she feels they should not concern themselves as much with the Constitutional rights of topless establishments as they should with what the average citizen wants; that it is well documented that impressionable, desensitized people all too often commit sexual crimes when they have been exposed to sex and women in undesirable ways; that no industry should be allowed to exploit, whether it is to men, women, or children. Commissioner Merrill returned to the Commission Chambers at 8:15 p.m. Russell Franz, 5353 Harold Avenue, representing the American Family Association, stated that he is a concerned citizen; that the tradition of the human body is that it is a very complex organism and it has long been revered and admired in its form; that sexual relations is a marvelous gift of our Creator, but once the commitment is lost, then the beauty of the form and the beauty of the relationship is lost and is no longer precious; that a study with a detailed interview was done by a team from George Washington University and Columbia University and by a consensus of their opinions as a result of the investigation singled out 104 producers of television films in Hollywood who were mostly white males and found that 93 proclaimed to be Godless; that these are the people who form and produce television programs and television has access to our living rooms and our bedrooms, and the findings were that the single most reliable predictor of how anti-social the behavior of a person 19 years of age is the kind of television programs that person favored when he was 8 years old, and the amount of violence and explicit sex in those programsi that he feels doing away with nudity and alcohol is not enough. David F. Barber, Sr., 5246 Bay Shore Road, stated that he supports this ordinance and hopes it will, in particular, ban the two lingerie shops in his neighborhood near Mecca Drive and North Tamiami Trail; that he hopes this Commission will move very strongly to eliminate this blight on the City and on its neighborhoods. Kathy Bolam, 1327 Pine Brook Way, Venice, stated that she urges the Commission to strengthen this ordinance and to pass it swiftly; that she would like to read part of the Preamble to the Constitution of the United States and stated that "ensure domestic tranquility" is one of the purposes of the Constitution; that any time you look at the First Amendment and do not look at it under the umbrella of the purposes of the Constitution, it will not be properly interpreted. Anne Wenner, 5500 S. Tamiami Trail, stated that she wanted to thank Linda Royall for being so prepared and diligent all the time; that she agrees with her in that she does not want to see the blue video, X-rated video advertisements in our newspapers any more; that Daniel Webster wrote "If we abide by the principles taught in the Bible, our country will go on prospering, but if we in our prosperity neglect its instruction and authority, no man can tell how sudden a catastrophe may overwhelm us and bring us and bury all our glory in profound obscurity."; that she would like to see a grass roots petition started regarding pornography; that she pleads that the Sarasota Herald-Tribune will report both sides of the story. L. Howard Payne, 6474 Kickapoo Road, stated that he has appeared before this body each time there has been a hearing on this subject and is here tonight to urge the adoption of this ordinance with as much teeth as can be put in it and to further urge that when it comes time to write any regulations or interpretations, that the Commission not emasculate the law; that the Commission's responsibility is to pass ordinances that will support the health, safety, and morals of the citizens of this City; that this is not a religious question or issue, but a question of the health, safety, and morals of the citizens of the City of Sarasota and the surrounding areas; that we all know what is right and wrong and they are asking as concerned citizens that this ordinance be adopted in order to make sure what is clearly right is passed for the citizens of this City. A. C. Fox, 622 Tropical Circle, stated that he is a retired military officer who has lived in the community over 15 years; that he strongly supports Ordinance No. 93-3649, to do otherwise is to pander to prurient interests among which are perverts, pimps, and prostitutes; that nudity displaying young women in various sexual conditions degrades and denigrates women as well as debauches our youth; that he urges the Commission to approve this proposed ordinance. Ted Hunniford, 1702 Laurel Street, representing Grace Fellowship, stated that he wanted to thank all of the Commissioners for listening to their community; that he asks that the Commission write the toughest law they can possibly write to assure that we will be a City not known for its licentious business but known for every good thing for which it can be known. Esther Rachwal, 4975 Southern Wood Drive, representing the American Family Association, stated that she is president of the Sarasota County Chapter of the American Family Association; that the AFA has been condemned by a few people tonight and she wants to say that it Book 34 Page 9013 01/19/93 6:00 P.M. Book 34 Page 9014 01/19/93 6:00 P.M. is basically an organization that is dedicated to educating themselves as well as the community, especially to the harmful effects of pornography; that a statement that was expressed by the United States Supreme Court in Paris Adult Theater versus Slate in 1973 is "The sum of experience, including that of the past two decades, affords ample basis for legislators to conclude that a sensitive, key relationship of human experience central to family life, community welfare, and the development of human personality can be debased and distorted by crass, commercial exploitation of sex."; that people are committing rape because they are being desensitized and becoming addicted to pornography. Zeta Hayes, 1160 Florida Avenue, stated that she is a native Sarasotan and what is wrong with pornography is that it desensitizes, not that it unleashes passions but that it cripples emotions, not that it encourages a mature attitude but that it is a reversion to infantile obsessions, not that it removes the blinders but that it distorts the view; that love is denied and what we have is not liberation but dehumanization. There was no one else to speak and the public hearing was closed. Attorney Taylor stated that a letter from Attorney Luke Charles Lirot was received and had asked that it be made part of the record, along with two booklets he forwarded on behalf of his client which puts him against this particular ordinance and it is on file in the Office of the City Auditor and Clerk. Vice Mayor Pillot stated that for the interest of the people in the audience the letter to which Attorney Taylor referred is from an attorney representing one of the lingerie shop owners. Deputy City Auditor and Clerk Rowell read proposed Ordinance No. 93-3649 by title only. Vice Mayor Pillot stated that this proposed ordinance is not proposing to regulate decency in any way, but regulating degrading activities which, if unstopped, will degrade this community. 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. The meeting recessed at 8:45 p.m. and reconvened at 8:55 p.m. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3664, ADOPTING A TRAVEL POLICY; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-3) #2 (3044) through (3414) Robert Gerkin, Director of General Services, came before the Commission and stated that this ordinance is a revised policy pertaining to travel, training and related business expenditures for public officials, employees and authorized persons; that the proposed changes in the regulations were recommendations made by the City Manager in response to the City's Internal Audit No. 9213; that a summary of the changes include the following: City Manager's restricted travel policy requires departments to prepare a specific listing of the departmental training and other business expenditures anticipated for the physical year during the budgetary process requires use of a uniform travel authorization form, individual travel and expense report form provides guidelines for transportation such as utilizing air travel, private vehicles, City vehicles, car rentals, taxis, etc. provides optional plans for meal reimbursements such as the Runzheimer Meal Cost Index and as an alternate using the meal rate established by Florida Statute 112.061 provides guidelines for business meals including reimbursement for expenses pertaining to non-City employees other expenses such as communications, parking fees, tolls, and convention registration fees lists those expenses that are not allowable 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. 93-3664 by title only. Commissioner Patterson stated that page 5 of Exhibit A defines that the various Charter officials have the right, which is totally proper, to authorize their own travel; that department heads take their personal travel requirements to the city Manager for approval; that everything comes back to the Charter officials except the Deputy City Manager; that when the City Manager is on vacation or out of town, essentially the Deputy City Manager is the Acting City Manager, but except for those times, she does not think the Deputy City Manager should be authorizing his own travel. City Manager Sollenberger stated that the intention of the policy is that when the Deputy City Manager is the Acting City Manager that he would be able to authorize his own travel; that if the Commission wishes to add something for clarification that the Deputy City Manager while serving as Acting City Manager can authorize his own travel that could be done. Commissioner Patterson stated that she would appreciate it if such wording could be added. Book 34 Page 9015 01/19/93 6:00 P.M. Book 34 Page 9016 01/19/93 6:00 P.M. Mr. Sollenberger stated that the City Attorney just made a note of that and will see that such wording is added to the proposed ordinance. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to adopt proposed Ordinance No. 93-3664. Vice Mayor Pillot stated that he wanted to comment that with respect to the City Commission's travel he recognizes that his own philosophy about it is aberrant and quite different from the norm in this City, the School Board, and other places and by no means would want to see that personal philosophy imposed or adopted by others, but for the reçord for the time that he sits on this Commission, if he ever should submit a voucher for travel reimbursement, and he has not yet, but if he ever should he would do that only for travel that he brought to this Commission table ahead of time sO that he may ask fellow Commissioners if, in fact, they believe it is "subject to the needs of the City" (quoted from the proposed ordinance); that he believes strongly that when the City is in budget constraint times that he would want to be sure that any reimbursement that came to him for travel was recognized by his colleagues on the Commission as being "subject to the needs of the City." 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. 11. CITIZENS - INPUT = REMOVED PROPOSED ORDINANCE NO. 92-3635 FROM THE TABLE AND PLACED IT ON THE AGENDA OF THE COMMISSION'S SPECIAL MEETING ON JANUARY 25, 1993 FOR SECOND READING (AGENDA ITEM VI) #2 (3419) through #3 (0800) Mayor Gurney requested that City Auditor and Clerk Robinson 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 issue, with a five-minute time limit. Sis Jennifer X, 3110 N. Goodrich Avenue, representing Dixon's Cafe, came before the Commission and stated that she had come to address the recently pulled item on the agenda concerning parking on Dr. Martin Luther King, Jr. Way; that she wanted to find out when the next hearing on this matter will be and why it cannot be dealt with this evening. Commissioner Atkins stated that he had requested that this item be pulled from the agenda after listening to Sister Jennifer today and other people who had put this on the agenda; that he felt it was in the best interest if the Commission held a public hearing because this issue was before the Planning Board recently and approved at that time, but based on the new disagreement it has created, feels another public hearing is necessary. Mayor Gurney stated that after it is advertised, this item will be addressed at another City Commission meeting. Lance Sloan Shabazz, 1831 Dr. Martin Luther King, Jr. Way, representing "Bro." Lance Fish & Crab Supreme, came before the Commission and stated that this regulation would directly affect his business; that the youth in the community hang out and buy food at his establishment and do not have anywhere else to go and they are very peaceful and humble in that area; that if people are complaining, he feels it is about loitering and not parking. Sis Jennifer X stated that she would appreciate it if this Board or someone on this Board would be efficient in notifying the community in the future when there are matters that concern them and their livelihoods; that she is going to be involved in each and every issue concerning her community from this day forward. Vice Mayor Pillot stated that he respected the issues taken and their concerns and hopes that we can all communicate and work with each other on something other than such strong anger, because anger and threats do not influence his vote; however, communication between good people does influence him. Kimakra Nikumba, 3110 N. Goodrich Avenue, came before the Commission and stated that she is 21 years old and she does not do drugs; however, she hangs out on Dr. Martin Luther King Jr. Way because she has nowhere else to go; that if she had somewhere else to go where she could enjoy herself where there aren't any drugs, she would; that she asks that the City provide them a better place to hang out. Mark Famiglio, 888 Boulevard of the Arts, Robert Steuber, 638 Siesta Drive, and Whit Rylee, 1622 9th Street, came before the Commission. Mr. Steuber stated that he is an architect on a project for Mr. Famiglio on Fruitville Road and they would like to request that a second reading be approved tonight for their petition for CRT zoning for the six residential lots in question, which contain two duplex structures which are in excellent shape and three historic structures requiring extensive rehabilitation or demolition; that the most noted structure on this property is one of the earliest surviving buildings in Sarasota referred to as "The Inn"; that the Humber House is one of the few surviving examples of Queen Anne and Victorian architecture in the City. Mr. Steuber continued that house movers are bidding on services to reposition the buildings on the site so that the historic structures can be rehabilitated consistent with their original condition, which was with porches on Book 34 Page 9017 01/19/93 6:00 P.M. Book 34 Page 9018 01/19/93 6:00 P.M. the front which had to be removed to permit the widening of Fruitville Road. Vice Mayor Pillot asked whether the Commission could, in fact, have a second reading on this issue tonight. City Auditor and Clerk Robinson stated that the City Attorney has requested that the Commission not have a second reading tonight; that if the Commission wants to remove this from the Table, it could be placed on the agenda for the Special City Commission Meeting on January 25, 1993, which would require a motion to remove it from the Table. City Attorney Taylor stated that if they had a second reading tonight it would be getting close to a violation of the Sunshine Law. Mr. Famiglio stated that there was unanimous consent on the CRT zoning at the first reading on December 21, 1992 and it was tabled at the second reading on January 4, 1993 when none of them were present; that he wanted to determine what the problems were on this rezoning request that it was tabled; that Mr. Rylee listened to the audio tapes of the meeting where it was tabled and they are trying to respond to some of the discussion at that meeting; that one of the concerns that was expressed was that there wasn't a plan in place as to what exactly was going to happen to the buildings and he feels they are in a Catch 22 situation because he cannot do very much more than he has done sO far without having a permit and the Building Department will not issue any permits until the City Commission resolves this. Mayor Gurney asked Mr. Famiglio whether he meant that the buildings could not be brought up to code without a permit. Mr. Steuber stated that that was correct for the historic structures because they require extensive work that would require permits; that their investigative procedure is finding out right now that these buildings can be rehabilitated; that their resolve is that they would like to let the Commission know that they have a date in mind for action in which they could identify demolition or rehabilitation based on the feasibility study. Mr. Famiglio stated that a figure of $50,000 for demolition was brought up at the second reading and he got the City's bids on the demolition and they ranged from $5,500 to $9,000. Mayor Gurney stated that his concern is that in this process is that the Arts Council is to be relocated into some adjacent buildings and the other. four buildings are in rather desperate condition; that the City has had instances of individuals who have gotten permits in this town to fix their buildings and at time increments they do a little bit of work and then time will pass before more work is done; that just enough work is done to keep the permits active and this process goes on for a period of several years with no resolution; that what he is asking for is a specific timetable for resolution of the buildings to which the City can hold him. Mr. Famiglio stated that he has no interest in letting the buildings sit there and at the first public hearing he committed that within 45 days he would either begin rehabilitation or demolition and he stands by his commitment. Commissioner Patterson stated that she feels Mr. Famiglio must have something in mind for the property and she would like to know what his plans are. Mr. Famiglio stated that he really does not have any plans formulated for the property; that this came about because CRT zoning requires 20,000 square feet of land area in order to perfect it and 1,800 square feet or so was taken when Fruitville Road was widened and when he went to the Building Department about CRT zoning he was told that he needed 20,000 square feet and that they would recommend against a variance so the next day he purchased the adjacent two lots as an investment. Commissioner Patterson stated that she would like some kind of public statement from Mr. Famiglio about his intent not just to begin construction in 45 days, because Mayor Gurney's concern is not answered by that; that her preference is to have these buildings restored, but the City has had a history of problems with these particular buildings; that the City does not want to get stuck with the bill for demolition if they are not restored. Mr. Famiglio stated that the bill for demolition would be approximately $3,500 based on the fact that they have taken 13 dumpster loads out of the two buildings in the last two months as part of the exploratory demolition; that the property is free and clear and the City has lien powers; that he is willing to accept time constraints because if they are going to do something with these buildings, they are going to do it quickly, but he does not know if he is going to do anything with the structures yet; that he is willing to commit to that. Mr. Famiglio stated that he is willing to put $3,000 up as a bond for demolition expenses if that is what the Commission wants. Vice Mayor Pillot stated that the City has code enforcement rights regardless of the zoning and he feels they should talk about rezoning or not rezoning on its own merits and not whether a building is going to be brought up to code because the City can enforce that today whether it is CRT or whatever; that he is willing to accept Mr. Famiglio's word on his commitment and does not feel a bond would be necessary. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to remove this item from the Table. Motion carried (4 Book 34 Page 9019 01/19/93 6:00 P.M. Book 34 Page 9020 01/19/93 6:00 P.M. to 1): : Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, no. On motion of Vice Mayor Pillot and second of Commissioner Merrill, it was moved to place proposed Ordinance No. 92-3635 on the agenda of the Commission's Special Meeting on January 25, 1993 for second reading. 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. Patricia Caswell, 1623 North Drive, representing the Sarasota County Arts Council, came before the Commission and thanked them for their concern and solution; that a moving company is moving the Arts Council on Wednesday and so a favorable vote on Monday would be appreciated; that the interest in a plan is something that the Arts Council would like to see too. 12. UNFINISHED BUSINESS = ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 93-3636, REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHTS-OF-WAY: IMPOSING SAFETY STANDARDS: PROVIDING A STATEMENT OF PURPOSE; ESTABLISHING DEFINITIONS: IMPLEMENTING STANDARDS FOR MAINTENANCE AND INSTALLATION: IMPLEMENTING STANDARDS FOR LOCATION AND PLACEMENT PROVIDING FOR REMOVAL OF NEWSRACKS FOUND NOT IN COMPLIANCE; PROVIDING FOR INDEKNIPICATION: PROVIDING FOR SEVERABILITY: REQUIRING THAT A COPY OF THIS ORDINANCE BE SENT TO THE DISTRIBUTOR OF EACH NEWSPAPER, MAGAZINE OR OTHER NEWS PERIODICAL PLACED IN NEWSRACKS WITHIN THE CITY; ETC. (TITLE ONLY) - ADOPTED WITH CHANGES (AGENDA ITEM VII-1) #3 (0802) through (2166) City Manager Sollenberger stated that at the Commission's public hearing on December 7, 1992, following the vote to pass on first reading the Commission had asked him to meet with representatives of the newspaper industry for any additional comments or discussion they might offer; that two meetings were held and the meetings produced the fact that the newspaper industry objects to be regulated by ordinance and prefer to operate under a voluntary basis that is outlined in the first page of his memorandum as to how that would work; that the newspaper representatives declined to offer any comments on the ordinance before the Commission on the basis that to do so could be constituted as an endorsement of the ordinance. Mr. Sollenberger continued that he felt there were several concerns the newspaper industry had that were not articulated at those meetings as follows: the time in which to repaint the vendor boxes the width of the sidewalks which was originally specified at six feet though this has been reduced to four feet, which is the recommended width for wheelchairs and the placement of newsracks in grassed areas though he believes this could be dealt with through the permit process that is provided in the ordinance Mr. Sollenberger stated that the Commission has several options as follows: > Adopt the ordinance "as is." Accept the voluntary arrangement suggested by the newspaper industry; however, there is concern whether this approach could work in view of the lack of standards. > Could reaffirm its intention to regulate by ordinance and instruct Administration to discuss with the newspaper task force the three issues mentioned above and bring specific recommendations to the Commission within 30 days for final adoption of the ordinance. Mr. Sollenberger stated that correspondence opposing the ordinance was received from The Weekly and the Sarasota Herald-Tribune. Attorney Taylor stated that he has received correspondence in opposition to the ordinance from legal counsel for Dow Jones & Company, Inc. on behalf of The Wall Street Journal which states that they hope that the City Commission will go along with the voluntary compliance approach; that his memorandum of January 19, 1993, a copy of which is on file in the Office of the City Auditor and Clerk, indicates that a specification concerning the exact color of paint to be used on the newsracks needs to be put in the ordinance and the City Engineer told him the color to be specified is called Florida Copper #2314 by Duncan Industries or TPA #802-4325 by Sherwin Williams; that if a motion is made to adopt this ordinance on second reading, it should include the paint specification to be placed in Sec. 30-131(a) on the ordinance. Mr. Sollenberger stated that he suggests that the Commission hold the passage of the ordinance until a Workshop is held with the newspaper people to hear what suggestions they have; that he feels certain things need to be adjusted in the ordinance, particularly the schedule for the painting of the boxes, unless the Commission is willing to accept the position of the voluntary arrangement. Mayor Gurney asked for clarification of Mr. Sollenberger's comments in that there have been two meetings held with Circulation people and various attorneys and have not received any direct comments with respect to the ordinance, but have inferred from their remarks that they are concerned about the three items previously mentioned. Mr. Sollenberger stated that two meetings have been held but he has inferred their concerns not specifically from individuals at these meetings, but from others within the newspaper industry; that the people who attended the meetings basically stated their objection Book 34 Page 9021 01/19/93 6:00 P.M. Book 34 Page 9022 01/19/93 6:00 P.M. to being regulated by ordinance and that they wished it to be a voluntary arrangement; however, he notices that the correspondence from Dow Jones & Company, Inc. mentions a "voluntary agreement" which might be more formal and structured; that he feels there needs to be some standards and agreement on everyone's part as to what is to occur. Commissioner Patterson stated that she would like to see the City get an ordinance on the books with a liberal timetable for compliance. Vice Mayor Pillot asked whether the ordinance could be amended or repealed if progress was made with the newspaper industry prior to the July 1, 1993 effective date. Attorney Taylor stated that that would be possible. Vice Mayor Pillot stated that he felt no harm would be done if this ordinance is adopted tonight with the following changes: an effective date of July 1, 1993, recognizing that no sanctions apply until that time and no compliance is required until that time, change the date in the ordinance to December 31, 1993 for the painting deadline the adjustment to the width of the sidewalk to allow the City Manager and/or his designee to make, through the Building Department, adjustments to grassy areas and the type of slab or surface under it Vice Mayor Pillot stated that he feels they should pass this ordinance but encourage continued communication between the newspaper representatives, the City Manager and his Staff and the Commission might reconsider the ordinance if some progress is made for self-regulation. Commissioner Merrill stated that the Commissioners have stated that time is not an issue and if that is so, he feels nothing would be lost by continuing discussion with the newspaper industry and delay adoption of the ordinance now. Commissioner Atkins stated that he feels something needs to be done about the newsracks; however, he is not sure this ordinance is what needs to be done; that he wishes there had been some communication at the meetings held between the first and second readings of the ordinance; that he is not in favor of having all the newsracks painted brown. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3636 by title only. On motion of Vice Mayor Pillot and second of Commissioner Patterson, it was moved to adopt proposed Ordinance No. 93-3636 with the following changes: the total effective date to be July 1, 1993 > that the date for painting be December 31, 1993 with the type of paint specified in Attorney Taylor's aforementioned memorandum which is to be made part of the record that the technical changes be made with respect to the width of the sidewalk and the type of base (for the newsracks) > that in addition to the adoption to the ordinance, the Commission goes on record as encouraging continual dialogue between the industry and the City Administration with the hoped for result of coming back to the Commission before the effective date with a better alternative. Commissioner Patterson stated that she would like to know what the color of paint was like. Attorney Taylor stated that the color came from the Engineering Department and he believes it is the same as the paint on light poles. Mayor Gurney called for the vote on the motion. Motion carried (3 to 2): Atkins, no; Merrill, no; Patterson, yes; Pillot, yes; Gurney, yes. Vice Mayor Pillot stated that he had a conversation with someone today who had intended to speak on this topic tonight because he did not know that a second reading of a proposed ordinance does not permit speaking and asked the City Auditor and Clerk to explain the reason for not allowing citizen input on second readings. City Auditor and Clerk Robinson stated that when the Commission has had a legally advertised public hearing on an ordinance, the public hearing is at first reading and at second reading there is another vote by the Commission but it is not a public hearing; that if the Commission allows someone to come before the Commission and speak on an ordinance at second reading, the City could be opening that public hearing without readvertising it and would not allow other people notice to speak. 13. UNFINISHED BUSINESS APPROVAL RE: (A) CANCELLATION OF CONSTRUCTION OF AN APPARATUS BAY TO FIRE STATION NO. 4; (B) ASSIGNMENT OF AN ADDITIONAL ENGINE TO FIRE STATION NO. 4; AND (C) BALANCE OF FUNDING BE ALLOCATED FOR ADDITIONAL LANDSCAPED MEDIANS ON DR. MARTIN LUTHER KING, JR. WAY APPROVED RECOMMENDATIONS OF ADMINISTRATION (AGENDA ITEM VII-2) #3 (2167) through (2441) City Manager Sollenberger stated that the Commission had authorized the addition of an equipment bay at Fire Station No. 4 located on Old Bradenton Road to house an aerial ladder in order to achieve an Book 34 Page 9023 01/19/93 6:00 P.M. Book 34 Page 9024 01/19/93 6:00 P.M. equitable distribution of fire equipment throughout the community; that the Fire/Rescue Chief and the Public Safety Director reviewed alternative ways to achieve that objective and they have determined that an engine company as shown in Exhibit "D" of the interoffice memorandum dated January 1, 1993 from Fire-Rescue Chief Halas which shows the disposition of equipment would eliminate the need for the bay; that Administration's recommendations are as follows: drop the addition of the bay, which would cost approximately $85,000 to construct approve the assignment schedule shown in Exhibit "D" that the balance of the funding be reallocated for other purposes, specifically to achieve one of the goals the Commission agreed to during goal setting earlier to continue medians on Dr. Martin Luther King, Jr. Way. Vice Mayor Pillot stated that Commissioner Atkins had mentioned homes being flooded in his district and the City's shortage of dollars to correct this and wanted to ask whether he feels this $85,000 should be used for flood control in the community rather than medians. Commissioner Atkins stated that he would much rather see people's homes not be flooded than the medians; however, he does not feel $85,000 would accomplish much regarding flood control; that he feels both projects need to be done as soon as possible. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to approve the Administration's recommendations. Motion carried unanimously (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 14. NEW BUSINESS = RESCISSION RE: MOTION OF NOVEMBER 16, 1992 "TO APPROVE THE MURAL" TO BE PLACED ON THE EAST SIDE OF THE CITY HALL ANNEX BUILDING = RESCINDED APPROVAL OF THE MURAL TO BE PLACED ON THE EAST SIDE OF THE CITY HALL ANNEX BUILDING THAT WAS APPROVED AT THE NOVEMBER 16, 1992 CITY COMMISSION MEETING = INSTRUCTED ADMINISTRATION TO CONSIDER WHETHER THERE IS ANOTHER PUBLIC WALL THAT WOULD BE APPROPRIATE FOR A WYLAND MURAL AND ENCOURAGED THE PUBLIC ARTS COMMITTEE TO PURSUE A PRIVATELY-OWNED WALL (AGENDA ITEM VIII-1) #3 (2442) through (3316) On motion of Commissioner Patterson and second of Vice Mayor Pillot, it was moved, in accordance with notice given at the January 11, 1993 workshop meeting, to rescind the approval of the mural to be placed on the east side of the City Hall Annex Building that was approved at the November 16, 1992 City Commission Meeting. Bonnie Ikert, 2637 McIntosh, came before the Commission and stated that she and her husband are fans of Wyland the artist; that if the Commission was familiar with his work they would know that he is not just an artist that wants to paint the spirit of Sarasota on the side of a building; that Mr. Wyland has traveled all over the world and painted his walls; that he is an environmental artist who is very interested in the preservation of sea life, mainly whales; that he has studied them in great depth and has gone into the oceans to observe them; that she understands if the architect is unwilling to have a mural painted on the wall of a building he designed; however, it is an honor for Mr. Wyland to choose any wall in Sarasota or anywhere else; that one of Mr. Wyland's murals is an oval painting on the ceiling of the Tokyo Airport; that Mr. Wyland usually selects a wall with much consideration and she would be very proud to see one of his wall murals in Sarasota. Mayor Gurney stated that he feels it would be a shame if Sarasota does not get a Wyland mural on a wall someplace downtown; that it is apparent to him that as a Board they are flying blind in the field of public art; that next week architect Carl Abbott will make a presentation to the Commission and he hopes they get some guidelines as a Board that they can start charting some kind of a course with respect to their motions, actions, and decisions with respect to public art. Commissioner Merrill stated that he feels a solution would be to seek more public input because now it is a select group telling the Commission how they should behave with regard to public art; that he feels if the City polled the residents about having a Wyland mural in South Gate or Downtown, they would say "Yes"; that the Commission listens to a small group telling them for whatever reason that it is not good. Commissioner Atkins stated that he hopes Carl Abbott recommends that the Public Arts Committee is dissolved and the Commission will seek public input and public hearings on which to make decisions; that he is going to vote to rescind the mural and start the art process over again and he might be the one to make the motion to put it back up, but he feels the Commission needs to deal with this where it is now and the only way to do that is to stop it and start it over again. Mayor Gurney called for the vote on the motion. Motion carried (3 to 2): Atkins, yes; Merrill, noi Patterson, yes; Pillot, yes; Gurney, no. Mayor Gurney asked whether anyone on the Commission wanted to continue to pursue a Wyland mural somewhere in downtown Sarasota. Commissioner Patterson stated that she would be very interested to have a Wyland mural on another wall downtown. Vice Mayor Pillot stated that he agreed with Commissioner Patterson; however, the artist does not give sketches or advance Book 34 Page 9025 01/19/93 6:00 P.M. Book 34 Page 9026 01/19/93 6:00 P.M. indications of what he is going to paint, but paints in the spirit; that when talking about publicly-owned property, he cannot vote to allow that to happen; that he admires Mr. Wyland's art a great deal but he will not vote to have art work put on public property unless he knows what he is voting on, which means a preliminary sketch or adequate indication about what will be painted. Commissioner Patterson stated that she does not feel the Commission is safe in any event because the piece of art they approved based on the Public Arts Committee's recommendation at Selby Five Points Park is not what the Commission approved conceptually; that they were told the art would be two feet high and that the images would be permanently etched and they were not told that the images would be computer generated or enhanced with white ink; that they were not told it would be a hollow structure with chicken wire inside that someone could smash with a mallet; that she feels there is no certainty in art. Vice Mayor Pillot stated that he is proud of his vote against the sculptor of the art at Selby Five Points Park. Commissioner Patterson stated that she regrets her vote in favor. On motion of Commissioner Patterson and second of (Mayor Gurney passed the gavel to Vice Mayor Pillot) Mayor Gurney, it was moved to instruct the Administration to consider whether there is another public wall that would be appropriate for a Wyland mural and encourage the Public Arts Committee to pursue a privately-owned wall, because there are several Commissioners who would be delighted if Sarasota could get a Wyland mural in the downtown area. Commissioner Merrill stated that he would like to suggest the two-story wall on the building behind the Yugoslav restaurant, Cafe Lady Rose. Mayor Gurney stated that there is a beautiful 10-story wall on the Gulfstream Towers building that he would like to suggest. Vice Mayor Pillot stated that he would like the Administration to involve the Downtown Association if the mural is to be downtown art. Vice Mayor Pillot called for the vote on the motion. Motion carried (4 to 1): Atkins, no; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 15. NEW BUSINESS - DISCUSSION RE: BAYFRONT MEDIAN TREES INSTRUCTED ADMINISTRATION TO DISCUSS THE BOUGAINVILLEA PLANTED IN THE MEDIANS AT THE BAYFRONT WITH THE LANDSCAPE ARCHITECT (AGENDA ITEM VIII-2) #3 (3318) through #4 (0169) Commissioner Patterson stated that the trees along the median at the Bayfront were originally supposed to be East Palatka Holly and the Commission decided to change them to oaks so there could be a canopy; that she had asked the landscape architect whether the oaks had been put in at the same spacing that was decided for the East Palatka Holly trees because she feels the oaks look very close togetheri however, the architect advised her that the oaks were at 28 foot intervals while the hollies were scheduled to be at 20 foot intervals; that she feels oak trees will be too large to be at 28 foot intervals and some of the condominium owners across the street are already upset about some of the existing trees that block their view and are complaining about the density of the newly-planted oak trees. Commissioner Merrill stated that in nature oak trees grow closer together than 28 feet and he feels the trees should be left alone because the Washingtonia Palms will be far taller and tower above the oak trees when they mature. Mayor Gurney stated that he feels the answer is to trim and thin the existing trees and would probably relieve a lot of people's unhappiness about the fact that they cannot see out of their second, third, and fourth loor windows. Commissioner Patterson stated that she feels the existing trees could be trimmed so that they do not touch each other and there is space between them; that there is at least one major sized "punk" tree that she feels should be removed. Commissioner Patterson stated that she feels the dwarf bougainvillea planted in the medians are too close to the curb and feels a discussion with the landscape architect on the placement of the bougainvillea needs to take place. Commissioner Patterson continued that she would like the City Manager to talk to the landscaper about relocating these plants to the middle of the medians. Vice Mayor Pillot stated that he supports Commissioner Patterson's request. City Manager Sollenberger stated that he asked Mike Flanegin from Design Studios West, who is the designer of the median project, to be present to answer any questions the Commission has. Commissioner Merrill stated that he feels it would be best to discuss this privately with Mr. Flanegin to develop solutions rather than debate it tonight at 10:30 p.m. It was the consensus of the Commission to have Administration discuss the Commission's concerns about the bougainvillea planted in the medians at the bayfront and suggest solutions. 16. NEW BUSINESS = APPROVAL RE: AUTHORIZATION FOR PLACEMENT OF A FENCE AND LANDSCAPING FOR THE MEDIAN ON FRUITVILLE ROAD BETWEEN ORANGE AVENUE AND GOODRICH AVENUE AUTHORIZED INSTALLATION OF A FENCE IN EITHER BLACK OR WHITE WITH THE COLOR TO BE DETERMINED BY THE CITY MANGER (AGENDA ITEM VIII-3) Book 34 Page 9027 01/19/93 6:00 P.M. Book 34 Page 9028 01/19/93 6:00 P.M. #4 (0170) through (0645) Alexandrea Hay, Assistant City Engineer, and Jack Whelan, architect, came before the Commission. Mr. Whelan brought a sample of a stanchion and chain fence section for the Commission to see. Ms. Hay stated that some time ago the City was requested by St. Martha's Catholic Church to come up with a method for deterring pedestrians from crossing in the middle of the street on Fruitville Road between Orange and Goodrich Avenues; that the Engineering Department's first solution was a chain link fence; however, the Commission requested that they come back with something more attractive and Mr. Whelan suggested the type of fence he has brought tonight. Mr. Whelan stated that he was asked to think of a way to stop people from making a shortcut across the very busy Fruitville Road; that people who park across the street from the church have gotten in the habit of jaywalking and putting up a sign is not going to work; that installing spiny plants does not really work either because if one dies there will be a path through it or cross at the point where there are no plants in the median because it is all concrete; therefore, a solution is needed that will be effective on the areas that are planted as well as unplanted. Mr. Whelan continued that the example he has before them is a frangible barrier which means that if a car runs into one of the posts, it will break off; that the chain is plastic and would do little damage to a vehicle that might run into it; that a further thought is that the City ought to put in plantings on the street lawn on the other side of the street from the church to discourage people from even starting across. Commissioner Patterson asked whether the chain would break if it was stepped on. Mr. Whelan stated that he suspected that it might. Commissioner Patterson stated that she suspects the City will have a maintenance problem with such a chain fence. Mr. Whelan stated that perhaps a stronger chain should be used. Mr. Whelan suggested that the City try this type of fence by installing a piece of it and see if it gets broken. Commissioner Patterson stated that she agrees that this type of fence is better looking that a chain link one; however, she is troubled at having a fence in the middle of any of the City's streets. Commissioner Atkins stated that he did not like the fence and feels it will not survive three hours or a chain link one either; that the transients cross at that area over to St. Boniface to eat; that St. Martha's wants the City to control their parishioners and feels they should be trained to cross the street at the traffic signal. Mayor Gurney stated that he feels that the chain should be constructed of a strong metal rather than plastic. On motion of Commissioner Merrill and second of (Mayor Gurney passed the gavel to Vice Mayor Pillot) Mayor Gurney, it was moved to do it in white metal. Vice Mayor Pillot asked Mr. Whelan which color disappears more from the eye, black or white. Mr. Whelan stated that he feels the difference between the colors would be marginal. With the approval of the seconder, Commissioner Merrill amended his motion to state a color (white and/or black) to be determined by the City Manager. Vice Mayor Pillot asked how much involvement has been made in discussion with Father Fausto Stampiglia, pastor of St. Martha's Catholic Church. Dennis Daughters, City Engineer, came before the Commission and stated that there has been quite a bit of discussion with the pastor and the Chairman of the Parish Council, Frank Castro, and they have supported this particular alternative and were the ones to bring up the original request because they are very concerned about their parishioners. Vice Mayor Pillot stated that he feels Commissioner Atkins' statement about self-discipline is well taken and since he is having lunch on Thursday with Father Fausto will suggest that he do his part in asking the parishioners to cross at the traffic signal. Vice Mayor Pillot called for the vote on the motion. Motion carried (3 to 2): Atkins, noi Merrill, yes; Patterson, no; Pillot, yes; Gurney, yes. 17. NEW BUSINESS = DISCUSSION RE: USE OF THE FORMER CHICAGO WHITE sOX CLUBHOUSE AT PAYNE PARK = INSTRUCTED THE CITY MANAGER TO DISCUSS THIS ISSUE WITH THE COUNTY ADMINISTRATOR (AGENDA ITEM VIII-5) #4 (0648) through (0940) Commissioner Patterson stated that she put this on the agenda because she had read in The Independent that the County is using a City facility when nothing was brought to the City Commission for approval; that the County is using the Clubhouse for a' Wellness Clinic for County employees and as an office for their Personnel Department; that she felt it should be brought to the attention of the City Commission. City Manager Sollenberger stated that the Clubhouse is a City-owned facility subject to the Interlocal Agreement between the City and the County; that no formal plans were submitted to the City Commission by the County for this use; that the City had agreed Book 34 Page 9029 01/19/93 6:00 P.M. Book 34 Page 9030 01/19/93 6:00 P.M. that a portion of the building should be used for a tennis clubhouse with showers and a concession to operate in conjunction with the tennis facility that has been located at Payne Park; and that the County Administrator has offered to make available the Wellness Center facilities to City employees. Mayor Gurney stated that perhaps the City should determine what it would cost to lease the amount of space the County is using for a Wellness Center and an office and whatever that would be for the course of a year or comparable square footage downtown and get that amount back in Bayfront Park maintenance. Commissioner Atkins stated that this is news to him and he is concerned because what he had heard was going to happen with this building was the tennis showers as well as some public meeting space; that he wants to have an explanation. Mayor Gurney stated that he feels what goes on in that building should be for park-related purposes. Vice Mayor Pillot suggested that the Commission instruct the city Manager to consult on this with John Wesley White, the County Administrator, to come up with an amicable resolution to this problem. Commissioner Merrill stated that he feels the Wellness Center is a good idea there; however, he does not feel that the Personnel Department should be housed there as well. Mayor Gurney stated that the Wellness Center is fine; however, it is not for the public and the use of that building needs to be for the public and not private. Vice Mayor Pillot stated that he disapproves of both uses of the building because he agrees that the building should be used for public recreation, but would like to see an amicable discussion between the two administrators on this. It was the consensus of the Commission to have the City Manager discuss an amicable resolution to this situation with the County Administrator. 18. NEW BUSINESS = APPROVAL RE: FINAL SITE AND DEVELOPMENT PLANS FOR LOCKWOOD RIDGE HANDICAPPED HOUSING PROJECT - APPROVED THE FINAL SITE AND DEVELOPMENT PLANS SUBJECT TO THE CHANGES RECOMMENDED BY THE ENGINEERING DEPARTMENT, TO FAX A LETTER TO THE JACKSONVILLE OFFICE OF THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ADVISING THEM WHAT THE COMMISSION FEELS ABOUT SUCH AUSTERE STRUCTURES, AND TO HOLD THE NON-PROFIT SPONSOR TO ANY COMMITMENTS THEY MADE WITH RESPECT TO THE AESTHETICS OF THE PROJECT (AGENDA ITEM VIII-6) #4 (0941) through (1676) Bill Hewes, Building Department Director, came before the Commission and displayed an architect's rendering of the proposed facility and stated there were very few changes; that the water retention ponds have been enlarged; that the parking the Commission had requested is in the design; that these plans are not completely approved and the Engineering Department has two conditions on their approval, one is that profiles of the proposed bus ramp will be provided in detail and the other is that the mitered ends of the drainage be shown in detail and that the County signs off on both of these items; that everything has to be to H.U.D. (U. S. Department of Housing and Urban Development) by January 29, 1993. Mr. Hewes continued that the Commission had said they wanted to see what the building was going to look like and the design of the building has hardly changed but they plan to try to give some character to it with landscaping by planting 10 foot oak trees. Commissioner Patterson asked whether an irrigation system was planned for the project. C. Randolph Wedding, FAIA/ASLA, president of Wedding & Associates Architects Inc., came before the Commission and stated that there were plans for irrigation. Commissioner Merrill asked whether the plans were according to the City's codes. Mr. Wedding stated that they meet or exceed the City's standards. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to approve the final site and development plans for the Lockwood Ridge Handicapped Housing Project subject to the items the City Engineer specified. Commissioner Patterson stated that she would like a fax sent by the City Manager to H.U.D. informing them that we will honor a legal commitment, but had understood that there would be some architectural detailing to make this building more attractive and if this building goes up in such an austere and totally unarchitecturally acceptable fashion, the City Commission will not approve other such structures and would like to move to that effect. Vice Mayor Pillot stated that since the original motion has not been restated by the Chair that he approves of this addition to his motion. As seconder of the motion, Commissioner Atkins agreed to this also. Mayor Gurney stated that at a previous meeting a representative of the non-profit sponsor had nodded his head in agreement when the Commission had indicated that they wanted a "little bit of gingerbread" added to this project to make the building more attractive. Mr. Wedding stated that the non-profit sponsor could add some things to the building and if they had committed to that he feels certain that they will honor their agreement. Book 34 Page 9031 01/19/93 6:00 P.M. Book 34 Page 9032 01/19/93 6:00 P.M. Mayor Gurney stated that if the non-profit sponsor will honor their commitment the building will not look so institutional as it does in these elevations; that he would like to see that put into the motion. Vice Mayor Pillot stated that he would like to add to his motion to demand that the non-profit sponsor fulfill previous commitments made before this Commission. As seconder of the motion, Commissioner Atkins agreed to this addition. Vice Mayor Pillot stated that the motion now is to approve the final site and development plans subject to the changes recommended by the Engineering Department, to fax a letter to the Jacksonville office of the U. S. Department of Housing and Urban Development advising them what the Commission feels about such austere structures, and to hold the non-profit sponsor to any commitments they made with respect to the aesthetics of the project. 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. 19. BOARD APPOINTMENTS (AGENDA ITEM IX) #4 (1678) through (1679) There were no board appointments. 20. REMARKS OF COMKISBIONERS. ANNOUNCEMENTS, AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #4 (1680) through (2398) COMMISSIONER ATKINS: A. stated that he is getting quite a few inquiries about the timetable on 12th Street and Orange Avenue projects and wanted to let Administration know that he needs to get some information related to this. COMMISSIONER MERRILL: A. stated that he is getting frustrated by the inability of getting results out of the City's Police Force; that there is a problem with vagrants behind School Avenue and the vagrants were back yesterday and the neighbors don't feel they should have to check the location every day to see if they are there and call the Police; that if the Police Force cannot carry out their function because their hands are tied by other bodies, then they need to explain their position so the Commission does not take the political heat for such inabilities. COMMISSIONER PATTERSON: A. stated that she feels it is time for the City to demand services from the County for the City's $2.5 million on the Sheriff's Road Patrol because it does not appear that anything will be done legislatively because the League of Cities has backed off from making this a primary issue. Mayor Gurney stated that he is willing to consider services of comparable value and would like to see it approached. City Manager Sollenberger stated that the Commission has asked that Public Safety Director Lewis and he meet with the Sarasota County Sheriff and they have an appointment scheduled with the Sheriff in the near future to discuss this issue. VICE MAYOR PILLOT: A. stated that he would like to request that when a Commissioner wants to discuss something at a meeting that may require action, that they request that it be placed on the agenda under Changes to the Orders of the Day rather than under "Remarks of Commissioners." MAYOR GURNEY: A. stated that he would like to know where the City is with regard to the upper end of Main Street from Orange Avenue to U.S. 301 regarding angle parking and making the Main Street business district look contiguous. Commissioner Patterson stated that there is poster in the lobby of City Hall requesting public input on this issue. City Manager Sollenberger stated that the businesses along Main Street are being contacted so that recommendations can be brought back to the Commission. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #4 (2399) through (2433) CITY AUDITOR AND CLERK ROBINSON: A. stated that he wanted to remind the Commission that there was a Special Meeting on January 25, 1993 at 2:00 p.m. for the Gillespie Park zoning strategies, the Aesthetic Enrichment Master Plan, second reading of the Famiglio zoning ordinance, and the engineering contract for the St. Armands Parking. Book 34 Page 9033 01/19/93 6:00 P.M. Book 34 Page 9034 01/19/93 6:00 P.M. B. stated that he wanted to remind the Commission that at the Regular Meeting on February 1, 1993 there will be a public hearing on the special exception on the boat basin at The Quay. 22. ADJOURN (AGENDA ITEM XII) #4 (2436) The Regular Sarasota City Commission Meeting of January 19, 1993 was adjourned at 11:35 p.m. h - - - n & JACK GURNEY, MAYOR ATTEST: 7 Billy E Robenson BILLY E. GOBINSON, CITY AUDITOR AND CLERK