MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 1, 1993 AT 6:00 P.M. PRESENT: Mayor Jack Gurney, Commissioners Fredd Atkins, David Merrill, and Nora Patterson (arrived at 6:45 p.m.), City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor PRESIDING: Mayor Jack Gurney The meeting was called to order in accordance with Article III, Section 9, of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. PRESENTATION RE: RETIREMENT PLAOUE TO TOM FIELDS, FORMER FIRE CHIEF, FOR 26 YEARS OF SERVICE TO THE CITY OF SARASOTA -= PLAOUE PRESENTED BY VICE-MAYOR PILLOT #1 (0000) thru (0285) City Manager Sollenberger invited Former Fire Chief Fields to the Commission table for a presentation and also recognized his wife, Ramona, in the audience. Mr. Sollenberger stated that Chief Fields joined the Fire Department in 1966; that he was promoted to Lieutenant in 1970; that in 1972 he was promoted to Captain and served as Training Officer; that in 1978 he became Battalion Captain; that in 1980 he was promoted to Executive Battalion Captain; that in 1987 he became Assistant Fire Chief; and in 1988 he became Fire Chief; and that this past year, subsequent to the announcement of his retirement, he became Assistant Director of Public Safety. Mr. Sollenberger continued that Chief Fields carried on a tradition of excellence that was established by his predecessor; that he has developed his personnel to succeed him; that the Fire Department has undertaken a number of initiatives and it is recognized nationally for its Fire Alarm Program; that the Fire Department is now rated a Class 2 which is in the top 11 ranking in the State of Florida. Mr. Sollenberger thanked Chief Fields for everything he has done for the City. Vice-Mayor Pillot stated that he has developed a special regard for Chief Fields over the years; and that he has provided outstanding service to the City and Public Safety. Vice-Mayor Pillot read the Certificate of Commendation and presented it to Chief Fields for Book 35 Page 9116 03/01/93 6:00 P.M. Book 35 Page 9117 03/01/93 6:00 P.M. his faithful, effective, and dedicated service to the Public Safety Department and the City of Sarasota. 2. PRESENTATION RE: RETIREMENT PLAQUE TO PAUL M. ROBERTS FOR 31 YEARS OF SERVICE TO THE EXHIBITION HALL/GENERAL SERVICES DEPARTMENT = PLAQUE PRESENTED BY MAYOR GURNEY #1 (0285) thru (0550) Bob Gerkin, General Services Director, invited Mr. Paul Roberts to the Commission table for the presentation and stated that Mr. Roberts is a part-time Utility Specialist at the Sarasota Exhibition Hall; that Paul was the city's Employee of the Month for November, 1991; that he was also employed by WKXY and WSPB as a radio announcer for approximately 25 years; and that he. was also employed by Sarasota County for approximately 20 years. Mr. Gerkin stated that Mr. Roberts has worked with many famous stars during his years of service at the Exhibition Hall; that he has an extensive knowledge of the Exhibition Hall history; that the City is very proud of Mr. Roberts who has always been willing to go the extra mile and lend a helping hand; and that many people have a great respect for him and have indicated that he will be missed. Mr. Gerkin thanked Paul Roberts for his many years of service at Exhibition Hall. Mayor Gurney read the Certificate of Accommodation to Mr. Roberts in appreciation for his long and honorable record of dedicated service at the Exhibition Hall and to the citizens of Sarasota. 3. PRESENTATION RE: SPECIAL RECOGNITION TO THE CITY OF SARASOTA AND EMPLOYEES BY UNITED WAY GENERAL CAMPAIGN CHAIRMAN ROD MACON CERTIFICATES PRESENTED BY JANICE MEE, CHAIRMAN, SARASOTA COUNTY SCHOOL BOARD #1 (0550) thru (0672) Mayor Gurney introduced Janice Mee, Sarasota County School Board Chairman, to recognze employees of the City for their United Way efforts. Ms. Mee came to the table and stated that, on behalf of United Way, she wishes to present a plaque to the City of Sarasota in appreciation for this year's campaign; that she will also recognize the Team Leaders for the City, for raising $16,668 for this year's United Way campaign; and that she wishes to thank the City of Sarasota, Mayor Gurney, the Commissioners and the Team Leaders. Ms. Mee presented a plaque to Mayor Gurney. Ms. Mee invited the following Team Leaders to the Commission table to receive certificates of appreciation: Florine Blake, Trina Cline, Marney Dean, Carole Favreau, Carol Milburn, Joan Rola, Nancy Rowell, Donita Sumney, and Virginia Wolfgram. Ms. Mee stated that other Team Leaders not present for the certificates were: Charles Bentley, Paula Horton, Patricia Johnson, Darlene Jones, George McLeod, Kim Motsinger, Arlene Mudry, Delbert Rawlinson, and Andrew St.John. Ms. Mee thanked everyone for a very successful campaign. 4. CHANGES TO THE ORDERS OF THE DAY #1 (0672) thru (0725) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Unfinished Business Item No. VII-3, Prioritization of Storm Drainage Capital Improvements, at the request of City Engineer Daughters. B. Add to new Business, Item No. VIII-6, Discussion Re: Naming the press box at Ed Smith Stadium the "H. O. Red Ermisch 50 Press Box," at the request of Mayor Gurney. C. Add to New Business, Item No. VIII-7, Resolution No. 93R-639, supporting an amendment to the Florida Sunshine Laws to permit confidential and private meetings between elected officials and legal advisors, at the request of Commissioner Patterson. D. Add to New Business, Item No. VIII-8, Resolution No. 93R-640, opposing House Bill 1451 and Senate Bill 1188, which will require that an outside third party impose a resolution of union contracts on state and local governments, at the request of Commissioner Patterson. E. Please add to New Business, Item No. VIII-9, Resolution No. 93R-641, supporting Senate Bill 1800 which provides for the same level of funding, $1,640,288.00 for next fiscal year as for the current fiscal year, for the John & Mabel Ringling Museum of Art, at the request of Commissioner Patterson. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried (4 to 0): Atkins, yes; Merrill, yesi Pillot, yes; Gurney, yes. Book 35 Page 9118 03/01/93 6:00 P.M. Book 35 Page 9119 03/01/93 6:00 P.M. 5. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 16, 1993 - APPROVED (AGENDA ITEM I) #1 (0725) thru (734) On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve the minutes of the Regular City Commission meeting of February 16, 1993. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. 6. BOARD ACTIONS REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OF FEBRUARY 10, 1993 PROPOSED ORDINANCE NO. 92-3548 SET FOR PUBLIC HEARING VARIANCE TO BE FILED WITH CITY COMMISSION: PETITION NO. 93-8E-05 APPROVED WITH STIPULATIONB: CODE AMENDMENT RE CLUSTER HOUSING SUBDIVISIONS SET FOR PUBLIC HEARING; CODE AMENDMENT RE PARKING IN THEATER AND ARTS DISTRICT (TAD) SET FOR PUBLIC HEARING; CODE AMENDMENT TO DELETE SPECIAL EXCEPTION FOR COMMERCIAL PARKING IN RESIDENTIAL ZONE DISTRICTS FROM THE ZONING CODE - - SET FOR PUBLIC HEARING; CODE AMENDMENT TO DELETE SPECIAL EXCEPTION FROM THE ZONING CODE FOR OPEN-AIR DINING IN THE TAD ZONE DISTRICT SET FOR PUBLIC HEARING; CODE AMENDMENT TO DELETE OPEN AIR DINING PERMIT FROM THE C-CBD ZONE DISTRICT SET FOR PUBLIC HEARING; CODE AMENDMENT RE TRANSPORTATION CONCURRENCY - SET FOR PUBLIC HEARING; REPORT RE PLANNING BOARD REGULAR MEETING OF FEBRUARY 10, 1993 - REPORT RECEIVED (AGENDA ITEM II-1, A THRU H) #1 (0734) thru (1505) Jane Robinson, Planning and Development Director, and Berta Lefkovich, Planning Board/Local Planning Agency Chairman, came to the Commission table. Ms. Lefkovich presented the following items from the Planning Board/Local Planning Agency's regular meeting of February 10, 1993: A. Proposed Ordinance No. 92-3548 - RSF-3 Ms. Lefkovich stated that the Planning Board finds this. proposed ordinance consistent with the Sarasota City Plan; that the Planning Board recommends approval of the ordinance and that it be set for public hearing. Commissioner Merrill stated that he is concerned that granting a variance through the Board of Adjustment will be deluding the goals of the Board of Adjustment. Attorney Taylor stated that this does change the normal role of the Board of Adjustment and is not the normal variance process. Mayor Gurney stated that he is strongly opposed to charging $300 for a variance to build on a small lot; that the present soft costs for building are already extremely high; and that this would create an even greater hardship for those seeking affordable housing. Commissioner Merrill stated that the means for providing assistance for those attempting to get through the affordable housing fees process could be studied by the Commission as a separate issue. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to set Proposed Ordinance No. 92-3548 for public hearing, with the provision that the variance be filed with the City Commission. city Manager Sollenberger stated that if the recommendation is to set the fee by resolution the administration can advise regarding the elements of cost; that the appropriate fee to be charged can be provided at the time of the hearing. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. B. Petition No. 93-SE-05 Child care center for the Church of the Redeemer Ms. Lefkovich stated that the Planning Board finds this petition consistent with the Sarasota City Plan; that the Planning Board recommends approval of this petition with the following stipulations: The number of children shall be limited to 13; the only outside lighting will be for safety purposes and will be directed away from adjacent residences; and the hours of operation shall be from 7:00 a.m. to 10:00 p.m. with no play activity conducted before 8:00 a.m. or after 8:00 p.m. On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to affirm the Planning Board recommendation to approve Petition No. 93-SE-05 with stipulations. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. C. Code Amendment Cluster Housing Subdivisions Ms. Lefkovich stated that the Planning Board has reviewed this proposal and finds that in principal it is highly desirable to loosen some of the internal restrictions within this zone; and that the Planning Board would like the opportunity to study further the possibility of eliminating the separation of dwelling unit requirements within this zone, and possibly attaching that Book 35 Page 9120 03/01/93 6:00 P.M. Book 35 Page 9121 03/01/93 6:00 P.M. elimination to more exhaustive review for compatibility with neighborhoods. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to set the Planning staff recommendation for public hearing. (In summary, the Planning staff recommendation provides for more flexibility within a cluster subdivision without allowing attached units within single family zones.) Motion carried (4 to 0): : Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. D. Code Amendment - Parking in the Theater and Arts District (TAD) Ms. Lefkovich stated that the Planning Board finds the proposed change in the parking requirements, with the addition of architects, professional. engineers, landscape architects, and planners, to be added to the list of uses in Section 8-259, Sarasota City Zoning Code, in paragraphs (i) and (j), in the Theater and Arts District, is consistent with the Sarasota City Plan; that the Planning Board recommends adoption of the proposed change and setting for public hearing. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to set this matter for public hearing. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. E. Code Amendment - Delete special exception for commercial parking in residential zone districts from the Zoning Code Ms. Lefkovich stated that the Planning Board recommends that this matter be set for public hearing. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to set this matter for public hearing. Motion carried (4 to 0) : Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. F. Code Amendment Delete special exception for open-air dining in the TAD zone district from the Zoning Code. Ms. Lefkovich stated that the Planning Board recommends deletion of the special exception for open-air dining in the Theater and Arts District and that it be made a permitted principal use with the following stipulations: That it be on private property in connection with restaurants; provide buffering on all sides by either a part of the principal structure or by an enclosure of at least two feet in height which may be of plant, planters, fences, or walls; that open-air facilities not be open for business between 12:00 midnight and 6:00 a.m.; and that no heating or cooking of food, or open flames are permitted outdoors. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to set this matter for public hearing. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. G. Code Amendment Delete open-air dining permit from the C-CBD Zone District Ms. Lefkovich stated that the Planning Board recommends. deleting open-air dining permit from the C-CBD Zone District with the same stipulations previously listed for open-air dining. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to set for public hearing. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. H. Code Amendment Transportation Concurrency Ms. Lefkovich stated that the Planning Board recommends this matter be set for public hearing. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to set this matter for public hearing. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to accept the Planning Board report of their regular meeting of February 10, 1993. Motion carried (4 to 0): Atkins, yes; Merrill, yes; Pillot, yes; Gurney, yes. Commissioner Patterson arrives at 6:45 p.m. Book 35 Page 9122 03/01/93 6:00 P.M. Book 35 Page 9123 03/01/93 6:00 P.M. 7. BOARD ACTIONS: HISTORIC PRESERVATION BOARD REPORT OF FEBRUARY 9, 1993 MEETING PETITION 93-HDD-01 SET FOR PUBLIC HEARING -= REPORT RECEIVED (AGENDA ITEM II-2, A, B) #1 (1505) thru (1750) Jane Robinson, Planning & Development Director, and Mr. Whit Rylee, Historic Preservation Board Chairman, and Mr. Pat Ball, Historic Preservation Board Member, came to the Commission table. A. Historic District Designation 93-HDD-01 (originally 93-HD-07 and 93-HD-08) at 1656 and 1666 Hillview Street Mr. Rylee stated that these two unique houses are part of the arts colony that took place in the 1940's and 1950's; that the work is recognized as being culturally significant; and the Historic Preservation Board recommends that they be set for public hearing and for designation. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to set Petition 93-HDD-01 for public hearing. Motion carried (5 to 0) 8 Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. B. Demolition of very low cost housing Mr. Pat Ball stated the properties on 5th Way do not conform to minimum housing standards but the community relies on them for economical housing; that he does not feel that they should be torn down because bad people live there; that the community will miss this affordable housing and that the owner should be forced to bring them up to Code. Mr. Ball continued that he is concerned regarding the loss of affordable housing stock; and that he cautions the Commission regarding the demolition of these houses. Vice-Mayor Pillot stated that he agrees that the City wishes to maintain and increase their stock of affordable housing, but housing should also not be substandard. City Manager Sollenberger stated that these houses have not been condemned due to the behavior or conduct of the residents; that they are very clearly in violation of the Housing Code; that an order is established for their demolition; that under the Hazardous Housing Code the owner is given the opportunity to bring them to Code or demolish them. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to receive the report of the Historic Preservation Board's meeting of February 9, 1993. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 8. BOARD ACTIONS: PARKS, RECREATION, ENVIRONMENTAL PROTECTION BOARD MEETING OF FEBRUARY 11, 1993 REPORT FRANKLIN MANOR PROPERTY REPORT RECEIVED THE OUESTION OF ALLOWING THE BOARD TO FORM AD HOC COMMITTEES REFERRED TO STAFF (AGENDA ITEM II-3) #1 (1750) thru (2605) Mr. Duane Mountain, Public Works Manager, and Mr. Herbert Quinn, Parks, Recreation, Environmental Protection Advisory Board (PREPAB) Chairman, came to the Commission table. Mr. Quinn stated that the PREPAB maintains its interest in the Franklin Manor site as a City park; that PREPAB expressed an interest in this prior to the City expressing an interest in purchasing the property; that the PREPAB requests the Commission's direction regarding potential uses of the property; that their research indicates that Commissioners Pillot, Merrill, and Gurney supported the development of the site as a public park without boat parking and trailers; that the PREPAB may act as a sounding board for public preferences for the development of a park. at this location; that neighbors of the site strongly oppose the area being made into a parking lot; and that the PREPAB concurs. Mr. Quinn continued that this site is perhaps the last available site for a public park overlooking the bay; that the PREPAB would like to be involved in the earliest phases of planning and development of the property and their services may be useful to the Commission in its deliberations regarding same. Vice-Mayor Pillot stated that he has heard the same community expressions regarding the Franklin Manor site; that he proposed the purchase which was supported by the Commission; that he will support the site being used for a passive park only; and that since it is the last large piece of bayfront property left undeveloped in the City it should be kept for that purpose. Commissioner Atkins stated that he did not support this land becoming a park; that he felt it should have stayed in the hands of private enterprise from the beginning; that he feels it is premature to move to any decision on this property; that the community should receive a better explanation of the entire process. Commissioner Merrill stated that this is not an "either/or" decision; that the PREPAB may wish to focus on how the waterfront might best be put to use; that the proposed conference center plans included discussions regarding using this area as a park; that the Book 35 Page 9124 03/01/93 6:00 P.M. Book 35 Page 9125 03/01/93 6:00 P.M. critical concern of the neighbors must be taken into account; that he is willing to consider all options at this time; that it is preliminary to focus on this matter presently; that if having a waterfront park as well as an important conference center is possible, then he would also support that concept. Commissioner Patterson stated that it is premature to take a stand; that she was not a supporter of the purchase because of the price tag and the many priorities taking precedence; that her concern is the buffering of the neighbors that could be negatively impacted with a parking lot; that she will wait to take a stance on this. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to accept the report of the PREPAB's meeting of February 11, 1993. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Chairman Quinn asked whether the PREPAB may create ad hoc committees in order to concentrate on particular subjects in greater depth than can be accomplished in their monthly meetings. Mayor Gurney recommended that this matter be addressed through staff. Commissioner Patterson stated that research items assigned to individual Board members could be an effective way of dealing with this. Mayor Gurney requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. Vice-Mayor Pillot and Commissioner Merrill left the Commission chambers at 7:13 p.m. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 92-3581, AMENDING CHAPTER 23, SARASOTA CITY CODE, PERTAINING TO COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHT-OF-WAX: SETTING FORTH THE RESPONSIBILITIES OF SPONSORS OF SPECIAL EVENTS TO OBTAIN VENDING PERMITS AS MORE PARTICULARLY SET FORTH HEREIN: REQUIRING THE DISPLAY OF THE PERMIT BY VENDORS DURING SPECIAL EVENTS: PROVIDING PROCEDURES AND A PERMIT FEE FOR VENDORS NOT ASSOCIATED WITH A SPONSOR OF A SPECIAL EVENT: PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT: ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-1) AND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3653, PERTAINING TO COMMERCIAL VENDING IN DESIGNATED PUBLIC PARKS; AMENDING SECTION 6-28, COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHT-OF-WAY, ZONING CODE, TO PROVIDE THAT COMMERCIAL VENDING MAY TAKE PLACE IN DESIGNATED PUBLIC PARKS BY CONTRACT WITH THE CITY; ESTABLISHING A DEFINITION FOR DESIGNATED PARK VENDORS; DESIGNATING SELBY FIVE POINTS PARK AND PINEAPPLE PARK AS LOCATIONS FOR COMMERCIAL VENDING; DECLARING THAT COMMERCIAL VENDORS WHO DO NOT HAVE A CONTRACT WITH THE CITY SHALL NOT BE ALLOWED TO VEND IN A DESIGNATED PARK OR ON RIGHF-OF-WAY ABUTTING A DESIGNATED PUBLIC PARK: REQUIRING THAT DESIGNATED PARK VENDORS ADHERE TO THOSE REQUIREMENTS OF SECTION 6-28 AS THE CITY COMMISSION SHALL SPECIFICALLY PROVIDE FOR BY CONTRACT: REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (2605) thru (3345) City Attorney Taylor stated that proposed Ordinance No. 92-3581, ordinance primarily states that the sponsor of a special event would contact the City, obtain a permit for operation of the individual vendors, provide necessary insurance and other assurances needed for permitting the activity; that non-profit entities shall be exempt from fees; that "for profit" entities shall be charged a fee as established by the Commission; that when this matter returns to the Commission for adoption at second reading, a resolution will be provided at the same time relating to the fee. Commissioner Merrill returned to the Commission chambers at 7:15 p.m. Attorney Taylor continued that during special events theré shall be no commercial vending other than that under the auspices of the event sponsor. Attorney Taylor stated that proposed Ordinance No. 93-3653 provides for an approved park vendor system which allows the Commission to choose certain city parks and make them specifically applicable to the ordinance (i.e. Selby Five Points Park and Pineapple Park) i that it provides a mechanism for using the Request for Proposals (RFP) process to determine the Commission wishes regarding vending activities; that it allows for response to the RFP's; that it allows for a selection process with a contract ultimately being Book 35 Page 9126 03/01/93 6:00 P.M. Book 35 Page 9127 03/01/93 6:00 P.M. negotiated with the commercial vendor; and that such contract would provide an exclusive right to vend in the designated public park. Vice-Mayor Pillot returned to the Commission table at 7:16 p.m. Attorney Taylor stated that the proposed Ordinance 93-3653 provides no language regarding vendor preferences and that material of that nature can be part of the RFP process. Mayor Gurney opened the public hearing for proposed Ordinance Nos. 92-3581 and 93-3653. Mr. Rick Chalker, 3877 Gatewood Drive, representing the Downtown Association of Sarasota; and Mr. Paul Thorpe, 47 S. Palm Avenue, also representing the Downtown Association, came to the Commission table. Mr. Chalker stated that there were two items with the advent of Pineapple Park and the fountain planned; that vendors will be there but their concern is that the vendors not be located in front of the park; that perhaps a location should be directed on that park to avoid blocking the view of the fountain. City Manager Sollenberger stated that the RFP contemplates that an agreement will be entered into between the City and the vendor; that that agreement can specify exactly where the vendor will be located; and that in front of the fountain would not be the proper location. Mr. Chalker continued that there is a vendor in the area accompanied by a dog; that perhaps this should be addressed as an environmental issue or in the RFP. Mr. Chalker stated further that the Downtown Association appreciates the Commission's openness and their responses which have been excellent. Mayor Gurney closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance Nos. 92-3581 and 93-3653 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to pass on first reading proposed Ordinance Nos. 92-3581 and 93-3653. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 10. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3645, AMENDING CHAPTER 37, WATER AND SEWERS, BY ADDING THERETO A NEW ARTICLE IV, USE OF RECLAIMED WATER; PROVIDING DEFINITIONS; PROVIDING REGULATIONS REGARDING THE AVAILABILITY AND USE OF RECLAIMED WATER AND RECLAIMED WATER SYSTEMS; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2 #1 (3345) thru (3460) Mr. Dale Haas, Senior Utilities Engineer in the Public Works Department, came to the Commission table and stated that" proposed Ordinance No. 93-3645 is patterned after the system developed for Altamonte Springs, Florida; that it provides for the operation and regulation of the urban reuse system; that this ordinance is to meet the DER (Department of Environmental Regulation) requirement that an ordinance be established prior to operation of the system. Mayor Gurney opened the public hearing. There was no one to speak and Mayor Gurney closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3645 by title only. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to pass on first reading proposed Ordinance No. 93-3645. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3650, AMENDING CHAPER 37, WATER AND SEWERS, ARTICLE III, INDUSTRIAL PRETREATMENT PROGRAM, BY AMENDING, DELETING AND ADDING CERTAIN DEFINITIONS MODIFYING CERTAIN REGULATIONS FOR USE OF PUBLIC SEWERS: PERMITTING INSPECTIONS BY ENVIRONMENTAL PROTECTION AGENCY (EPA) EMPLOYEES; MODIFYING THE COMPLIANCE REPORT AND SCHEDULE REQUIREMENTS; REQUIRING PERMIT APPLICATION CERTIFICATION: REQUIRING CERTAIN RECORD KEEPING; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (3460) thru (3571) Mr. Doug Taylor, Environmental Resources Manager in the Public Works Department, came to the Commission table and stated this ordinance is a mandate by the Environmental Protection Agency (EPA) for the establishment of a pretreatment program for industrial waste; that this proposed ordinance is an update of the Code to comply with federal regulations. Mayor Gurney opened the public hearing. Book 35 Page 9128 03/01/93 6:00 P.M. Book 35 Page 9129 03/01/93 6:00 P.M. There was no one to speak and Mayor Gurney closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3650 by title only. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to pass on first reading proposed Ordinance No. 93-3650. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 12. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3661, AMENDING THE PROCEDURES FOR PROCESSING PROPOSED AMENDMENTS TO THE LOCAL GOVERNMENT COMPREHENBIVE PLAN, AS SET FORTH HEREIN; MAKING FINDINGS AS TO NEED; AMENDING THE REGULATIONS PERTAINING TO SAID AMENDMENT PROCEDURE; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF: : REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-4) #1 (3571) thru (3690) Ms. Jane Robinson, Director of Planning and Development, came to the Commission table and stated that the State has just offered new legislation that will provide a shortcut for amending the Comprehensive Plan; that this would not shortcut public meetings; that this would be for small scale developments which are less than ten acres; that the Staff and the Planning Board recommend approval of this proposed ordinance. 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. 93-3661 by title only. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to pass on first reading proposed Ordinance No. 93-3661. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 13. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3669, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1624 HILLVIEW STREET, HISTORICALLY KNOWN AS THE ROBERTSON HOUSE, AS A STRUCTURE OF HISTORIC BIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 93-HD-09, MIKKI HARTIG) = PASSED ON FIRST READING (AGENDA ITEM IV-5) #1 (3690) thru #2 (0331) Ms. Jane Robinson, Planning and Development Director, came to the Commission table and stated that the Planning Staff and the Planning Board recommend that the main structure at 1624 Hillview Street, be designated as a historic structure. Ms. Mikki Hartig, representing the owners of the subject property, came to the Commission table and stated that this property was constructed in 1921 which is the same year that the county was formed; that it was constructed prior to the boom town development; that it is a variation of the basic homestead house; that it is a suburbanization" of the farm house made of frame vernacular. Mayor Gurney opened the public hearing. There was no one to speak and Mayor Gurney closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3669 by title only. Mayor Gurney asked Mr. Whit Rylee, Chairman of the Historic Preservation Board, to come to the Commission table for discussion regarding the Historic Preservation Board's minority opinion opposed to the designation. Mr. Rylee stated that the minority opinion is that, by ordinance, the building should embody the distinctive characteristics of an architectural style; that it was felt that this building is not a good example of that style or that it meets the criteria of architectural style or significance. Mr. Rylee continued that the majority of the Historic Preservation Board felt that this property does embody distinctive characteristics and that it is a significant historic structure. On motion of Vice-Mayor Pillot and second of Commissioner Patterson it was moved to pass on first reading proposed Ordinance No. 93-3669. Motion carried (3 to 2): : Atkins, no; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, no. 14. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3672, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1375 FRUITVILLE ROAD, HISTORICALLY KNOWN AS THE LIVERY STABLE/ /1 INN, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA, ETC. (TITLE ONLY) (PETITION NO. 93-HD-05M WHIT RYLEE) - TABLED WITH Book 35 Page 9130 03/01/93 6:00 P.M. Book 35 Page 9131 03/01/93 6:00 P.M. PENDING MOTION TO PASS ON FIRST READING UNTIL FIRST COMMISSION MEETING IN APRIL (AGENDA ITEM IV-6) #2 (0331) thru (0650) Ms. Jane Robinson, Director of Planning and Development, came to the Commission table and stated that the administration's recommendation is to pass proposed Ordinance No. 93-3672 on first reading. Mayor Gurney opened the public hearing. There was no one to speak and Mayor Gurney closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3672 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to pass on first reading proposed Ordinance No. 93-3672. Commissioner Patterson stated that she is reluctant to pass this prior to hearing the owner's (Mr. Famiglio) intent on the buildings. City Auditor and Clerk Robinson stated that both ordinances (93-3672 and 93-3673) were set for public hearing and that part of the motion was to hold second reading until after the March 28, 1993, deadline for Mr. Famiglio's response regarding plans for the properties; and that no designation would occur until after that deadline. Mr. Sollenberger recommended that the Commission table this matter until the first Commission meeting in April subsequent to the March 28th deadline. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to reopen the public hearing and table the action on Ordinance No. 93-3672 until the first Commission meeting in April. Upon further discussion with City Auditor and Clerk Robinson it was agreed by the maker of the motion, Commissioner Patterson, and the seconder, Commissioner Merrill, that the previous motion would omit the call to reopen for public hearing. Motion carried (3 to 2): Atkins, no; Merrill, yes; Patterson, yes; Pillot, no; Gurney, yes. 15. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 93-3673, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1365 FRUITVILLE ROAD, HISTORICALLY KNOWN AS THE 8. T. HUMBER HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 93-HD-06) TABLED UNTIL FIRST COMMISSION MEETING IN APRIL (AGENDA ITEM IV-7) #2 (0650) thru (0685) Mayor Gurney opened the public hearing. There was no one to speak and Mayor Gurney closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 93-3673 by title only. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to table action on this matter until the first Commission meeting in April Motion carried (3 to 2): Atkins, no; Merrill, yes; Patterson, yes; Pillot, no; Gurney, yes. On motion of Commissioner Atkins and second of Commissioner Patterson, it was moved to address Agenda Item Nos. V-1 and V-2, Scheduled Presentations next. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 16. SCHEDULED PRESENTATIONSE PRESENTATION RE: ECONOMIC AND DEVELOPMENT PROGRAM - RICK CHALKER, PRESIDENT; MARSHA WOOD, VICE PRESIDENT; AND PAUL THORPE, EXECUTIVE DIRECTOR OF THE DOWNTOWN ASSOCIATION = REFERRED TO ADMINISTRATION FOR REVIEW, PRESENTATION AND RECOMMENDATION TO THE COMMISSION (AGENDA ITEM V-1) #2 (0685) thru (1240) Mr. Rich Chalker, President; Ms. Marsha Wood, Vice President; and Mr. Paul Thorpe, Executive Director of the Downtown Association, came to the Commission table. Mr. Chalker stated that this presentation is a proposal by the Downtown Association of Sarasota (DTA) to form an economic development review board for the disbursement of funds generated through the Sarasota County Occupational License fee; that this is the same concept agreed to by the County with the Committee of 100; that the Association feels strongly that the occupational license fee should be used for the economic development by the greatest benefit to the City of Sarasota; that the DTA is prepared to accept input from all organizations in the City and to coordinate with Sarasota County to prevent duplication of efforts. Book 35 Page 9132 03/01/93 6:00 P.M. Book 35 Page 9133 03/01/93 6:00 P.M. Ms. Wood stated that the DTA has a proven track record and proposes to become the clearing house for the disbursement of the economic development funds; that this could be established through a sub-contract agreement; that the DTA is the largest business organization in the City; that they are most visible and active in the City; and that they have played a leadership role with the City regarding ordinances, various events, and promotional activities. Ms. Wood continued that the DTA has a working relationship with the City; that their membership provides a broad based representation of the City; that their total focus is on working for and promoting the City and furthering its goals and economic development. Ms. Wood also stated that the DTA would establish an economic development board derived from the Board of Directors of the Downtown Association; that they would accept grant applications from all neighborhood and community groups; that, based on a "pro-rata" share, communities would be entitled to funds; that the Board would serve as a clearing house for applications for the funds and coordinate the funds with the Economic Development Board of the County; that they would then approach the City Commission for approval of the disbursements to community groups. Commissioner Atkins stated that he is not in support of this proposal; that he feels the funds should be distributed based on community needs rather than a pro-rata formula; that he feels the City Commission should decide what is best for the total community. Mr. Chalker stated that there is nothing in the proposal regarding a pro-rata share; that Newtown and all of the other community associations were specifically included; that they wish not to exclude anyone and would like to lend their expertise to all other areas so that they will become just as viable as the downtown is becoming. Commissioner Patterson stated that it seems odd to give one of the obvious potential recipients control over other recipients' shares; and that she would like to wait until the proposal from the Chamber of Commerce is received. Mr. Chalker stated that it is not the DTA's intent to control the disbursements but to receive presentations from other organizations and subsequently the DTA would make a presentation to the City on the disbursement; and that the City will have the prerogative on the decisions. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to refer this matter to administration for study, report and recommendation to the City Commission. Motion carried (4 to 1): Atkins, no; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 17. SCHEDULED PRESENTATIONB PRESENTATION RE: REOUEST FOR SELBY LIBRARY FACILITY FOR THE GULF COAST WORLD OF SCIENCE = JUDY ALEXANDER, PRESIDENT SET FOR PUBLIC HEARING PRESENTATION RECEIVED (AGENDA ITEM V-2) #2 (1240) thru (2535) Judy Alexander, President of the Gulf Coast World of Science; Marlene Harris, Marilyn Hoellen, and Elva Farrell, representing the Gulf Coast World of Science, came to the Commission table. Ms. Alexander stated that there are supporters in the audience, and that many children wished to attend the presentation if it had been held earlier. Ms. Alexander stated that they are here to ask the Commission to vote, "YVes" for the Gulf Coast World of Science, Nature Place, Discovery Place, Sarasota's Hands on Science Museum, to be given Selby Library when vacated as its permanent home; that this is their second appearance before the Commission; that they have openly publicized their request; that they have worked diligently and constructively and have honestly and accurately addressed each and every issue. Mayor Gurney passed the gavel to Vice-Mayor Pillot and left the Commission chambers at 8:13 p.m. Ms. Alexander continued that the public is aware that the Gulf Coast World of Science is seeking the library building and that the public strongly supports this move; that many letters and signatures support this request; that the world of science allows children to feel success, accomplishment, and power; and that the Gulf Coast World of Science was organized by a group of people who wanted to provide more opportunities for children of all ages to learn more about themselves and the world around them Mayor Gurney returned to the Commission table at 8:17 p.m. Mr. Sollenberger stated that the Selby Library building has a notorious record for maintenance expensesi that he suggested obtaining a history of the County's maintenance and operations expenses; that projections have not been evaluated yet, but the financial condition would be an important consideration by the Commission; that he recommends holding a public hearing on the subject; that a lease and the financials could be addressed during the negotiation process. Vice-Mayor Pillot stated that the use of the site as a museum could be supported due to its compatibility with the contemplated uses in Book 35 Page 9134 03/01/93 6:00 P.M. Book 35 Page 9135 03/01/93 6:00 P.M. the civic center master plan; that he is completely supportive of their use and finds it compatible with the needs of the community and its youth; that he would like to be sure that the Commission doe's not foreclose the opportunity for other community organizations to come forward and be given a fair hearing. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to accept the recommendation of the City Manager and set this matter for public hearing. Mr. Raymond L. Profant came to the Commission table and stated that about four years ago the Sunrise Rotary Club reviewed the idea of putting in a museum and found it to be an extremely difficult task; that Judy Alexander has miraculously pulled it off; that this has been done strictly on a volunteer basis; and that he was unable to determine the costs of operation and maintenance at the Selby Library facility due to the structure of the County's budget. Mr. Profant continued that the Gulf Coast World of Science is a remarkable facility with much progress; that 10 years ago there were about 8 members, but now there are about 138 associate members; that it is an asset to the community; that the library structure, without any internal renovations, sets up beautifully; and that there are many opportunities with it. Vice-Mayor Pillot stated that with regard to his motion he asks that the City Auditor and Clerk suggest the earliest possible time for bringing the matter to a public hearing. Vice-Mayor Pillot stated that he would like to modify his amendment to the motion that this matter be brought to public hearing at the earliest date that the administration feels comfortable doing so. Seconder, Commissioner Merrill, agreed. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 18. CITIZENS P INPUT REQUEST FOR MEDIATION REFERRED TO ADMINISTRATION ADMINISTRATION TO REVIEW ORDINANCE LIMITATIONS OF THE ALLOWABLE NUMBER OF VEHICLES ON RESIDENTIAL PROPERTY (AGENDA ITEM VI) #2 (2535) thru #3 (0188) Dr. R. S. Beach, 226 Golden Gate Point, representing Golden Gate Association, came to the Commission table and stated that he is a retired dentist and has lived on Golden Gate Point for some 23 years; that he wishes to thank the City Commission for what they've done for Golden Gate Point; that the Canary Date trees that were planted on Golden Gate Point by the City approximately 40 years ago grew up and touched the wires and during storms some transformers blew out; that Florida Power and Light instructed them to remove the trees; that they did not have the funds to remove them so they approached the City; that the Public Works Department surveyed the problem and stated that they would remove the trees and trim the fronds on the other trees on the other side of the Point; and that they planted six new Canary Date trees at the entrance of Golden Gate Point; that this has made their entrance look very nice. Dr. Beach continued that the Golden Gate Point Association provided a sign there; and that the entrance to Golden Gate Point now looks excellent primarily due to the new Canary Date trees. Dr. Beach also stated that the Commissioners are welcome at their coalition meetings which are held on the first Saturday of each month; and that he wished to thank the Commissioners and Duane Mountain, Public Works Manager, for all of their assistance. Ms. Bonnie Wagoner, 1714 Devonshire Lane, representing herself, came to the Commission table and stated that the City has used her property for the past 17 years as a drainage pond for the water from Devonshire Lane; that this has ruined her house in the process and given her spinal meningitis; that spinal meningitis is very serious and has a very devastating effect on the human body; and that she would like to know what the Commission feels spinal meningitis is worth. Ms. Wagoner continued that she is not very happy about the progress being made in settling this matter; that she did not start this fight; that she is not responsible for what the city does and she is tired of being its victim; that she would like to take this case to mediation; and that she would like to hear the Commission's opinion on this. City Manager Sollenberger stated that he met with Ms. Wagoner and her legal counsel and discussed the issues, and that the City Attorney received a settlement offer by telephone this afternoon. City Attorney Taylor stated that Ms. Wagoner's legal representative called him today and related some figures which he has not yet discussed with the City Manager; that during the meeting Ms. Wagoner discussed the replacement of her existing home which would cost between $85,000 and $95,000; that her attorney states that past damages, for 17 years of enduring the wet weather conditions, are sought at the rate of $15,000 per year which equals $255,000; that for other related and future damages they would seek $225,000; and that the total damages would equal $570,000. Ms. Wagoner stated that that is not correct. Mr. Taylor continued that Ms. Wagoner's counsel stated that Ms. Wagoner would be willing to mediate; that this is the status as Book 35 Page 9136 03/01/93 6:00 P.M. Book 35 Page 9137 03/01/93 6:00 P.M. of 5:00 p.m. this afternoon; and that he will be discussing this further with the City Manager. Ms. Wagoner stated that she would like direction from the Commission to take this matter to mediation. On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to refer the request for mediation to the City Manager. Commissioner Patterson stated that the Commission has not seen substantiations of the claims; that it does not seem appropriate for the Commission to determine whether this matter should be taken out of its process and referred to mediation; that this would not be a responsible treatment of the matter; that there is a judicial system set up to take input on matters of such a serious nature. Commissioner Merrill stated that he agrees with Commissioner Patterson and that he does not feel that the City Commission is the forum to discuss these matters. Commissioner Patterson asked Commissioner Merrill if he could change his motion to state that this matter be referred back to the City Manager for his recommendation as to where to proceed from here. Commissioner Merrill agreed to alter the motion per Commissioner Patterson's request. Vice-Mayor Pillot stated also that this is not the forum to settle law suits. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Ms. Berta Lefkovich, 4805 Rilma Avenue, representing herself, came to the Commission table and stated that on December 21, 1992, Vice- Mayor Pillot brought up a discussion regarding a woman complaining about the large number of vehicles parked at Osprey Avenue and Bayview Drive; that he stated that he discussed this with administration which followed up very quickly and effectively; and that the administration was instructed to check on County ordinances regarding vehicles parked on property. Ms. Lefkovich stated that on the east end of 47th Street there are homes that have varying degrees of problems; that Code Enforcement Inspector Courson has worked with her to help clear up some of these problems; that the Engineering Department has worked with her so that the half circle at the east end of the street has "one way" signs; that there are two houses that constantly have cars parked on the grass, driveway, and sidewalk; that one house has a car on cement blocks; and that there are more problems in the evenings and week-ends when inspectors are not working in the neighborhood. Ms. Lefkovich continued that she would like to know if this matter was ever pursued with the County to find out if an ordinance exists that limits the number of vehicles allowed on private property; and if so, could the Commission please do something about it. Mr. Sollenberger stated that his recollection is that this matter was checked into and that the County does not have a limitation on the number of vehicles; and that this can be checked into again. Mayor Gurney stated that the administration will follow up on this matter. 19. CONSENT AGENDA NO. 1 ITEMS 1, 2, 3, 4, 5, 6, AND 7 APPROVED; (AGENDA ITEMS III-A-1, -2, -3, -4, -5, -6, AND -7) #3 (0188) thru (0324) Commissioner Atkins requested that Item No. 5 be pulled for discussion. 1. Approval Re: Purchase contract for mobile home for $8,500.00 located at Lot W1, Street 3, Sarasota Mobile Home Park, in accordance with Resolution No. 90-383. 2. Approval Re: Award of contract to the lowest bidder and authorize Mayor and City Auditor and Clerk to execute a contract for professional services for the Civic Center Improvement Project (R.F.P. #93-48). 3. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with Boyle Engineering Corporation, for the Urban Reclaim Water Reuse System, (R.F.P. #9342). 4. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract with Holland Properties, Inc., for Reclaimed Water Supply. 6. Approval Re: Utility Easement at the Caples House Fine Arts Center Project of the USF Campus. 7. Approval Re: Authorize Mayor and City Auditor and Clerk to execute the Fifth Amendment to agreement for Engineering Services for 12th Street Improvements (Phase I) with Post, Buckley, Schuh & Jernigan, Inc. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Items 1, 2, 3, 4, 6, and 7. Book 35 Page 9138 03/01/93 6:00 P.M. Book 35 Page 9139 03/01/93 6:00 P.M. Motion carried (4 to 1): Atkins, yes; Merrill, no; Patterson, yes; Pillot, yes; Gurney, yes. 5. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract with Forsberg Construction, Inc., for the 12th Street Improvement Project Orange Avenue to U.S. 301, (R.F.P. #93-21). Commissioner Atkins stated that his concern regards the bidding process and the need to continue to support the DBE's (Disability Business Enterprises) and participation by the corporations bidding for jobs by the City; that the bidder recommended for acceptance has not sought DBE participation; that because there is only a $100,000 difference in the two bids, that Woodruff and Son made the most responsible bid because of their attempt to address City objectives regarding DBE's. Alexandrea Hay, Assistant City Engineer, came to the Commission table and stated that after the bids were opened the engineering consultant on that project requested better participation; that the low bidder increased their MBE (Minority Business Enterprise) participation to 9.14 after the original bid opening. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to accept administration's recommendation to award the contract to Forsberg Construction, Inc. for the 12th Street Improvement Project between Orange Avenue and U.S. 301 (RFP 93-21). Motion carried (4 to 1) : Atkins, yes; Merrill, noj Patterson, yes; Pillot, yes; Gurney, yes. 20. CONSENT AGENDA NO. 2 ITEMS 1 (RESOLUTION NO. 93R-627), 2 (ORDINANCE NO. 93-3668), AND 3 (ORDINANCE NO. 93-3670) ADOPTED (AGENDA ITEMS III-B-1, -2, AND -3) #3 (0324) thru (0380) 1. Adoption Re: Proposed Resolution No. 93R-627, amending, by reference, a personnel rule and regulation for the Civil Service and General Personnel System of the city of Sarasota, Florida, pertaining to the reporting of time worked and absence hours for exempt employees under Rule 12.8; etc. (Title Only) 2. Adoption Re: Second reading of proposed Ordinance No. 93-3668, relating to elections of the City of Sarasota; amending Chapter 12, Section 12.3, precinct map of the code of the City of Sarasota, 1986 by amending boundaries of election Precinct No. 5 and Precinct No. 41; and establishing new boundaries for same; creating Precinct No. 110 and specifying boundaries thereof; adopting by reference precinct maps for Precinct No. 5, Precinct No. 41 and Precinct No. 110; repealing all ordinances in conflict herewith; etc. (Title Only) 3. Adoption Re: Second Reading of proposed Ordinance No. 93-3670, relating to elections of the City of Sarasota; amending Chapter 12, Section 12.3, precinct map of the code of the City of Sarasota, 1986 by amending the boundaries of election Precinct No. 10 and Precinct No. 77 and establishing new boundaries for same; adopting by reference precinct maps for Precinct No. 10 and Precinct No. 77; repealing all ordinances in conflict herewith; etc. (Title Only) Vice-Mayor Pillot and Commissioner Patterson left the Commission chambers at 9:09 p.m. City Auditor and Clerk Robinson read proposed Resolution No. 93R-627, Ordinance No. 93-3668, and Ordinance No. 93-3670 by title only. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to adopt Consent Agenda No. 2, Items 1, 2, and 3. Motion carried (3 to 0) : Atkins, yes; Merrill, yes; Gurney, yes. 21. UNFINISHED BUSINESS: DISCUSSION RE: SPECIAL EXCEPTION PETITION NO. 92-SE-07, TO PERMIT EXCURSION AND TRANSIENT BOATS AS ACCESSORY USES IN THE SARASOTA OUAY BOAT BASIN HYATT SARASOTA AND DIVE BOAT REATTACHED TO SPECIAL EXCEPTION PROCESS PETITION CONTINUED TO ALL ADMINISTRATION MORE TIME TO ANALYZE INPUT (AGENDA ITEM VII-1) #3 (0380) thru (0785) Vice-Mayor Pillot returned to the Commission table at 9:11 p.m. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to continue this matter to give Administration more time to analyze the information submitted. Vice-Mayor Pillot stated that he concurs with the motion; that he had received a letter from the Hyatt Sarasota expressing their desire to continue the relationship with the dive boat; that they have a contractual agreement with the owner for dock space next to the Boathouse Restaurant and Marina and would like to. continue that. Commissioner Patterson returned to the Commission table at 9:12 p.m. Book 35 Page 9140 03/01/93 6:00 P.M. Book 35 Page 9141 03/01/93 6:00 P.M. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to amend the motion to include the provision in the special exception for the dive boat at the dock space next to the Boathouse Restaurant, consistent with the request of Hyatt Sarasota, and with the understanding that it would be subject to the same provisions as the other spaces. Vice-Mayor Pillot stated that Mr. Dasher, a resident across the boat basin from the Quay, has assured him that he does not have a problem with the dive boat provided that it follows the same stipulations as the others; that he believes he is correct that Mr. Dasher is not opposed in any way to the dive boat at the Hyatt Dock provided that the same restrictions are followed as must be followed by the Quay. City Attorney Taylor stated that the procedure that the City has been following has basically been to allow, within certain constraints, the problems to be worked out between the competing interests; that integral to that process is the mechanism that allows for the "private policing" of this through security guards, etc.; that, this matter can be taken in as part of the consideration for return to the Commission. Commissioner Patterson continued that she would like to bring up another issue that she brought up before; that there is indeed a billboard located near the main entrance of the Quay that is in a very dilapidated condition; that it advertises commercial rentals at the Quay; that it is in very poor condition and detracts from the nice appearance of the Quay; that she would like to ask the Quay to do something about this and have it removed. Mayor Gurney called for the vote on the amendment to the motion which he clarified as an amendment to reattach the Hyatt Sarasota and the dive boat to the special exception process. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Mayor Gurney called for the vote on the main motion to continue this matter in order allow more time for administration to analyze the information received. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 22. UNFINISHED BUSINESS: APPROVAL RE: LANDSCAPE REVISIONS AT BAYFRONT PARK APPROVED ADMINISTRATION TO PROCEED WITH REVISIONS (AGENDA ITEM VII-2) #3 (0785) thru (1265) On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve the recommended revisions to the landscaping proposed by Design Studios West, Inc., and to authorize Administration to proceed with revisions. City Manager Sollenberger stated that there is a recommendation for the Dahoon Holly trees; that Administration would also like to include as an alternate the East Palatka Holly tree; that this was included in the Design Studios West (DSW) recommendation; that Mr. Larry Rabinowitz also feels that the East Palatka Holly trees should be included as an alternate to the Dahoon Hollyi that the price is subject to change and will need to be negotiated through. Vice-Mayor Pillot asked if approval of this recommendation would affect any other necessary corrections. Mr. Sollenberger stated that this approval would absolutely not affect any other corrections that need to be made; that the only reason this is brought to the Commission is because 50 of the 51 Carrotwood trees did not meet specification; and that Carrotwood trees are now known to be undesirable; that it is brought to the Commission for a specie replacement recommendation; and that all of the landscape shortcomings will be addressed. Dennis Daughters, City Engineer, came to the Commission table. Commissioner Patterson stated that, if basically all of the Black Olive trees are being replaced, her concern is why the recommendation is for 16 ft. trees when 20 ft. was specified; and questioned the use of a frost tender tree such as the Black Olive tree since the Bayfront is a very exposed location; and also asked if there has been any exploration of alternative trees that are free of the frost danger. Mr. Daughters stated that due to Hurricane Andrew the 20 ft. trees are simply not available. Mr. Mike Flanegin of DSW came to the Commission table and stated that there has been much discussion regarding substitute plant species; that the Black Olive tree provides similarities to the Live Oak tree; that he would be open to Live Oak trees but, through committee and expert discussions, it was found unacceptable because they tend to block views until they mature. Commissioner Patterson continued that she still has concerns; that she will go along with the recommendation with the clear understanding that it addresses only these two items, and that there will be a further address of the other items that were not up to specifications when planted. Book 35 Page 9142 03/01/93 6:00 P.M. Book 35 Page 9143 03/01/93 6:00 P.M. Mr. Flanegin stated that the procedural specifications hampered the entire process by having to plant a year sooner than expected; that if plant materials are signed off early as they go in and the project still has another year or more to finish, then if the plant material is not acceptable at the end of the project, there is no recourse; and that the specifications were written differently. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 23. UNFINISHED BUSINESS: APPROVAL RE: FY93 HOME PROGRAM TABLED UNTIL SPECIAL CITY COMMISSION MEETING OF MARCH 8, 1993 (AGENDA ITEM VII-4) #3 (1265) thru (1910) On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve the Administration's recommendation for approval of Option No. 2 with the stipulation that the proceeds be used as a revolving account with no additional funds being necessary in FY93, and to authorize the Mayor to submit the HOME application for FY93. Commissioner Atkins stated that Option No. 2 seems to have taken the money from rehabilitation or parts thereof. Mr. Don Hadsell, Community Development Director, came to the Commission table and stated that that was correct; that the funds under Option No. 1 coincide with the CHAD application in that the HOME funds would be used strictly for rehabilitation with the exception of a 15% set aside; that Option No. 2 reflects the $150,000 philosophy that was discussed with the Commission to use the HOME funds for new house construction in the Cohen Way neighborhood. Commissioner Atkins stated that over the last few years rehabilitation money has been taken out rather easily; that there are numerous rehabilitation problems that need to be addressed; that the city has a certain amount of commitment to those people presently living in the area and have been paying taxes for many years; and that he is concerned about them when he continues to hear their complaints that there is no money in the CDBG (Community Development Block Grant) funds for roof and other repairs. Mr. Hadsell stated that the Community Development Department is now able to service rehabilitation requests upon receipt, but the funds will be exhausted during this fiscal year or the next; that rehabilitations are taking place; and that the Community Development Department now has a new computer system which processes applications more rapidly. Commissioner Atkins recommended that the Commission move toward putting all the information on the table at one time; that the impact on the larger picture of these programs should be reviewed; that people with roofs in disrepair need help right now because they are living in a house that is wet; and that the whole picture should be analyzed and compared. City Manager Sollenberger stated that a special meeting will be requested for Monday, March 8, 1993 at 4:00 p.m.; that this would allow time for Mr. Hadsell to respond to the Commission's concerns. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to table the HOME application for FY93 until the Commission meeting of March 8, 1993, at 3:30 p.m. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 24. NEW BUSINESS: APPROVAL RE: SHIP PROGRAM = ADMINISTRATIONE RECOMMENDATION TO ENTER INTO AN INTERLOCAL AGREEMENT WITH SARASOTA COUNTY TO ADMINISTER THE SHIP PROGRAM APPROVED (AGENDA ITEM VIII-1) #3 (1265) thru (2030) Mr. Don Hadsell, Community Development Director, came to the Commission table and stated that SHIP is a State program; that the amount of money received locally is distributed by counties; that Sarasota County will receive approximately $300,000; that the State allows those funds to be disbursed between cities and counties based on a population break-down; that there have been meetings with the County to solicit more money from the SHIP Program. Mr. Hadsell continued that what has been offered to the City is to enter into an interlocal agreement which would allow the County to set up one joint program that the City would be able to participate in; that the City would be able to participate at a greater rate than if it had its own individual allocation; that the trade off would be that if the City stays with a separate program the City would have total decision making on how those funds would be used; that next year's allocation is only about $53,000; and that under either scenario the City's match will be approximately $13,000 less than that amount. Mr. Hadsell also stated that it is felt that the City has little to lose by going into a County wide program to learn how the County administers the program; and that the decision allows the City to withdraw at any time. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve the Administration's recommendation to Book 35 Page 9144 03/01/93 6:00 P.M. Book 35 Page 9145 03/01/93 6:00 P.M. enter into an interlocal agreement with the County to permit the County to administer the SHIP program for the City. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Upon request of Commissioner Patterson and consensus of the Commission, New Business Item VIII-4, Approval Re: Revise definition of nightclub, was the next item addressed. 25. NEW BUSINESS: APPROVAL RE: REVISE DEFINITION OF NIGHTCLUB IN THE SARASOTA CITY ZONING CODE, SECTION 1-2(B) = - REFERRED TO CITY ATTORNEY FOR PREPARATION OF ORDINANCE (AGENDA ITEM VIII-4) #3 (2030) thru (2044) On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to refer to the City Attorney to prepare an ordinance amending the definition of nightclub. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 26. NEW BUSINESS: APPROVAL RE: RATIFY FILING OF SUIT ON THE VAN WEZEL TAX ISSUE APPROVED MATTER TO RETURN TO COMMISSION WITH LEGISLATIVE RESULTS (AGENDA ITEM VIII-2) #3 (2044) thru (2365) On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to ratify filing of the law suit. Commissioner Patterson stated that it seems logical to approach the State with a statement that the City is willing to collect sales tax next season and would like to be forgiven for the previous noncollection of taxes; that no one buying a Van Wezel ticket will be deterred; that the City participates on 1% of the 7% that is collected; that the City would be taking income out of its own pocket by this litigation and the million dollar risk of losing the lawsuit. Commissioner Patterson stated that there is legislation that is taking place that will lower that risk substantially; that she wonders if the City is being clever in not collecting this tax. City Attorney Taylor stated that House Bill No. 599 would amend the Florida Statutes that would say that no tax imposed by that section of the Statute which has not been actually collected before the effective date of the amendment would be payable from a governmental entity; that the City would have no liability if it decided to prospectively charge the tax. Attorney Taylor continued that another legislative bill would actually amend the Florida Statute that the City is in controversy over and would make it clear that events such as those taking place at the Van Wezel are not subject to the sales tax; and that this would solve the City's problem permanently. Attorney Taylor also stated that he has talked with City Manager Sollenberger regarding possible measures in the interim for funding sources for any potential liabilities out of this, but that would not be addressed until the next budget process. On motion of Commissioner Patterson and second of Commissioner Merrill it was moved to amend the motion to add that this matter return to the Commission along with the legislative results when the legislative session ends, so the Commission can move forward from there. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Mayor Gurney called for the vote on the main motion. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 27. NEW BUSINESS: APPROVAL RE: SETTLEMENT OF LITIGATION RE ROGOZINSKI AND DAVIS V. CITY OF SARASOTA = APPROVED (AGENDA ITEM VIII-3) #3 (2365) thru (3005) On motion of Commissioner Merrill and second of (Mayor Gurney passed the gavel to Vice-Mayor Pillot) Mayor Gurney, it was moved to approve Administration's recommendation to approve settlement for $30,000. Commissioner Patterson stated that she is, in general principal, against this; that the City seems to settle almost every suit that is brought against it; that she feels the City should start taking the position that it will litigate suits that are brought against it; and then perhaps substantially less litigation will be brought against the City. Vice-Mayor Pillot stated that he is in full agreement with Commissioner Patterson unless the Administration can advise that the City is at fault; that just because the City's insurer indicates a settlement is not necessarily the correct action; and that such a pattern of suits may encourage more of the same. Commissioner Merrill stated that he understands the philosophical argument against settling; that, however, the City Manager, the Book 35 Page 9146 03/01/93 6:00 P.M. Book 35 Page 9147 03/01/93 6:00 P.M. City Attorney and the Scottsdale Insurance Company are all in uniform agreement on this and he chooses to take their advice. City Attorney Taylor stated the City is only responsible for the deductible on the insurance policy, which it has already met; that the City has a contractual policy with the insurance company to deal with them in good faith; that if the City does not settle this, based upon the recommendation of the insurance company, the insurance company may reserve the right at that point to limit their damages in the amount of $30,000; that any liability found against the City beyond $30,000 would be at the City's expense. Attorney Taylor stated that this is not just a business decision; that the track record in situations where the City is uninsured the City must be very badly over the barrel before they settle; that these situations with the insurance company are a little different based on the contractual nature of the relationship with the insurance company. Mr. Sollenberger stated that there were negotiation and mediation sessions; that he does not feel that many people understand the concept of a license agreement; that the ruling in court against this concerns him; that if this went to trial, the same lack of understanding or acceptance of the concept could ruin the case; that this is a civil rights suit and if there is only a dollar judgement against the City then the City will pay not only their own costs but the cost of the attorney and expert witness fees of the plaintiff; that this would be a heavy lever against the City; that in this case he feels the City acted properly; that his concern is the lack of understanding of the concept of the licensing procedure as proven by the court decision against it; and that this is why the recommendation was made for the settlement as is. Motion carried (4 to 1): Atkins, yes; Merrill, yes; Patterson, no; Pillot, yes; Gurney, yes. 28. NEW BUSINESS: DISCUSSION RE: NEW REGULATIONS RELATIVE TO BUILDING PERMITS, FIREWOOD, SHRUB, WALL AND FENCE HEIGHTS AND GARAGE SALES ADMINISTRATION TO REVIEW PROPOSAL TO LIMIT THE ALLOWABLE SIZE OF WOOD STACKS - INPUT TO BE REQUESTED FROM THE COALITION OF CITY NEIGHBORHOODS REGARDING HEIGHT OF STRUCTURES NEAR WATERFRONT AND REGARDING GARAGE SALES (AGENDA ITEM VIII-5) #3 (2365) thru #4 (0300) Mr. William Hewes, Director of Building, Housing and Zoning, came to the Commission table and stated that at some point building permit extensions could come to the city Commission; that the Commission would not have the ability to prevent applicants from securing another permit to do basically what has just expired. Commissioner Merrill stated that he is dropping his concern because the number of cases are so minimal and difficult to solve. Mr. Hewes continued that with regard to Osprey Avenue and Bayview Drive there has been a problem there with wood cutting for a long time; that there is no proof that any of the wood has been sold; that an ordinance could be drawn and passed that would allow wood to be cut on the lot but disallow its removal from the lot for use anywhere else. Commissioner Patterson suggested that an alternative would be choosing a reasonable size stack of wood that could be kept on one's property without being enclosed. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to ask Administration to review Commissioner Patterson's proposal. Motion carried (3 to 2) : Atkins, no; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, no. Mr. Hewes stated further that he has reviewed ordinances that protect the vistas of citizens living near the water; that one solution is the requirement for low fences, hedges, and walls close to the water for the benefit of non-waterfront property owners; that the City Code already requires a low fence or hedge within 30 feet if the property actually touches the water; and that he would like for the Commission to establish a required measurement; and that an example case is 100 feet. Commissioner Merrill stated that the Commission should receive direction from Coalition of Neighborhoods rather than the Commission choosing a measurement for the public hearing process. Commissioner Patterson stated that the only way she can support the restrictions would be if existing hedges and fences would not have to be addressed; that if the ordinance is not practical to enforce it will be difficult for her to endorse it. On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to solicit input from the Coalition of City Neighborhoods on the need for this ordinance as well as direction regarding height of structures and shrubbery and their locations. Commissioner Patterson stated that she would like for the City Attorney and Mr. Hewes to review the possibilities for this ordinance to become effective without affecting existing structures and hedges. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Book 35 Page 9148 03/01/93 6:00 P.M. Book 35 Page 9149 03/01/93 6:00 P.M. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to solicit input from the Coalition of City Neighborhoods with regard to garage sale restrictions. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 29. NEW BUSINESS: DISCUSSION RE: NAMING THE PRESS BOX AT ED SMITH STADIUM THE "H.O. RED ERMISCH PRESS BOX" APPROVED (AGENDA ITEM VIII-6) #4 (0300) thru (0350) Mayor Gurney stated that he knew Red Ermisch since he came to Sarasota; that he identified him with baseball; and that Red Ermisch is identified by many people for his baseball game announcements. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved that the press box at Ed Smith Stadium be named the "H. O. Red Ermisch" press box and that a plaque be placed at eye level on the outside of the stadium in a reasonable location below the press box. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 30. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 93R-639, SUPPORTING A COOPERATIVE EFFORT OF GOVERNMENT ENTITIES STATEWIDE TO AMEND THE FLORIDA SUNSHINE LAW TO PERMIT CONFIDENTIAL AND PRIVATE MEETINGS BETWEEN ELECTED OFFICIALS AND THEIR LEGAL ADVISORS; DIRECTING THAT THIS RESOLUTION BE FORWARDED TO APPROPRIATE GOVERNMENTAL OFFICIALS; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VIII-7) AND NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 93R-640, OPPOSING HOUSE BILL 1451 AND SENATE BILL 1188, REQUIRING THAT AN OUTSIDE THIRD PARTY IMPOSE THE RESOLUTION OF UNION CONTRACTS ON STATE AND LOCAL GOVERNMENTS (BINDING ARBITRATION) WHICH WOULD LESSEN ELECTED OFFICIALS . AUTHORITY TO MAKE FISCAL AND OPERATIONAL DECISIONS FOR WHICH THEY ARE ACCOUNTABLE TO THE TAXPAYERS ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM VIII-8) AND NEW BUSINESS: ADOPTION RE: RESOLUTION NO. 93R-641, SUPPORTING SENATE BILL 1800 WHICH PROVIDES FOR THE SAME LEVEL OF FUNDING, $1.640.288.000 FOR NEKT FISCAL YEAR AS FOR THE CURRENT YEAR FOR THE JOHN & MABEL RINGLING MUSEUM OF ART; ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM VIII-9) #4 (0300) thru (0440) Commissioner Patterson stated these proposed resolutions are the result of concerns; that support on behalf of the City would be helpful; and that the League of Cities has already subscribed to the resolutions. City Auditor and Clerk Robinson read proposed Resolution Nos. 93R-639, 93R-640, and 93R-641 by title only. On motion of Commissioner Patterson and second of Vice-Mayor Pillot, it was moved to adopt proposed Resolution Nos. 93R-639, 93R-640, and 93R-641. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 31. BOARD APPOINTMENTS: APPOINTMENT RE: BOARD OF ADJUSTMENT MR. ERNEST BABB APPOINTED (AGENDA ITEM IX-1) #4 (0440) thru (0460) Mayor Gurney stated that there is an opening to replace Mr. Carman. Commissioner Merrill nominated Mr. Ernie Babb for appointment to the Board of Adjustment. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 32. BOARD APPOINTMENTS: APPOINTMENT RE: BUILDING /1 FIRE BOARD OF RULES AND APPEALS - MR. FRANK HOWELL APPOINTED (AGENDA ITEM IX-2) #4 (0460) thru (0525) Commissioner Merrill stated that he reviewed the responsibilities and obligations of this Board and there seemed to be minimal value to its existence; and feels that perhaps it could be consolidated with another Board. Mr. Hewes, Director of Building, Housing and Zoning, came to the Commission table and stated that this Board is required under the State law. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to appoint the only applicant, Mr. Frank Howell, to the Building/Fire Board of Rules and Appeals. Book 35 Page 9150 03/01/93 6:00 P.M. Book 35 Page 9151 03/01/93 6:00 P.M. Motion carried (5 to 0): : Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 33. REMARKS OF COMMIBSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA REDIRECTION OF FUNDS TO BE CONSIDERED SUBSEQUENT TO FEDERAL GOVERNMENT DECISION REGARDING THE 20TH STREET REDESIGN PROJECT - STAFF TO REVIEW CBD LOTS AFFECTED BY NEW ORDINANCES STAFF TO FOLLOW UP ON RUBBISH AT BAYFRONT (AGENDA ITEM X) #4 (0525) thru (end) Commissioner Atkins: A. stated that with regard to the Newtown Neighborhood meeting that was held last Thursday, that one of the repeated concerns he has heard is the drainage problem at Goodrich, Owens, Noble and Gillespie; that he would like to see if, in the redesign of 20th Street off of U.S. 301, the federal government decides that the ditch is too ecologically important to cover, perhaps the Commission should consider redirecting those funds to another place in that area so that another problem can be alleviated; that he would like to move this up on the priority list since it is approximately number two on the unfunded items list. Commissioner Patterson: A. stated that the item under the Planning Board Report that was set for public hearing to remove the special exceptions for parking lots in residential zone districts; that there was a gentleman who tried to attend the Planning Board public hearing to speak who owns a piece of property on Palm Avenue which backs up to Burns Court that is currently in an IMA; that the door to City Hall was locked; that this is multi-family zoning; that if the ordinance in entirety passes this gentleman will have to proceed through an entire comprehensive plan amendment which may cost approximately $25,000; that perhaps there are other properties that will be so affected without the intention of the Commission; and asked if the Staff could review this matter prior to the public hearing. City Manager Sollenberger stated that he would review the CBD (Community Block Development) lots that would be affected. B. stated that she wishes to express her uneasiness with signs indicating, "African American Business District" for Martin Luther King, Jr. Way; that this is not a positive move; that this seems comparative to what she worked against back in the 1960's when there were areas in the south that indicated "white only" and "black only" in business entrances; that she would like others to think about this. Commissioner Atkins stated that he feels the same way as Commissioner Patterson; that he was surprised to see that someone had petitioned the State to have that done on State roads. Mr. Sollenberger stated that his understanding is that something like this would probably require a petition to the State; but the City has not made such a petition; and that this is a matter to be decided by the Commission. Mayor Gurney stated that he agrees with Commissioner Patterson and Commissioner Atkins; that he also feels uncomfortable with it, but that he believes it was a well intentioned idea. C. stated that she has noticed that many of the staff remain late at the Commission meetings without an opportunity to participate; that she wonders if some of them could be spared having to remain so late if the Commission activities do not require their presence; that she asks the City Manager to examine this. Commissioner Atkins stated that there are instances when their critical input would prevent the delay of an entire item on the agenda or the decision would have to be made with less information than would normally be required; that this is a close call but sometimes a single comment from them is very important because they have been working more closely with an item than the City Manager. Viçe-Mayor Pillot: A. asked there is a City Commission Workshop tomorrow, March 2, 1993, regarding the Van Wezel, and if the Commission does not meet again until the next Monday for the Special neeting at 3:30 p.m. City Auditor and Clerk Robinson stated that that was correct. Mayor Gurney: A. stated that at the foot of the Main Street at the cross-over to the Marina Jack area, there is a messy pile of rubble that needs to be cleaned up; and that it's probably dangerousi; that there is also a portable john there that appears to be unnecessary. Mr. Sollenberger stated that the administration will check on these matters. Book 35 Page 9152 03/01/93 6:00 P.M. Book 35 Page 9153 03/01/93 6:00 P.M. 34. OTHER MATTERS/ADMINISTRATIVE OFFICERS: None. 35. ADJOURN (AGENDA ITEM XII) Mayor Gurney adjourned the meeting at 10:55 p.m. Jask SOTA Tck Gurney, Mayor 2 X s pm EST: 3 m 3 32 - CL % Rebensen BillyE. dobinson, City Auditor and Clerk