MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 16, 1993 AT 6:00 P.M. PRESENT: Mayor Jack Gurney, Vice Mayor Gene Pillot, Commissioner Fredd Atkins, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioners David Merrill and Nora Patterson 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 6:04 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. PRESENTATION RE: RESOLUTION OF APPRECIATION TO THE CITY OF SARASOTA FOR THE ASSISTANCE AFTER HURRICANE ANDREW #1 (0030) through (0034) Mayor Conte, Village of Key Biscayne, was unable to be present to make this presentation. 2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JANUARY, 1993 SUSAN J. LARA, OCCUPATIONAL LICENSE INSPECTOR IN THE FINANCE DEPARTMENT #1 (0037) through (0110) Gibson Mitchell, Finance Director, came before the Commission and introduced Susan J. Lara, Occupational License Inspector, and stated that Ms. Lara became a City employee in May 1990 as a Senior Accounting Clerk; that she was promoted to Occupational License Inspector in June 1991; that she has made the Occupational Licensing process more efficient by creating changes in the filing and computer systems to make information more readily accessible to the public; that she is active in the community with the Safe Place and Rape Crisis Center (SPARCC) and a satellite group Mothers Helping Mothers which helps clients after they leave the shelter; that Ms. Lara's willingness and ability to work with other departments and eagerness to look to more efficient ways to increase productivity and her efforts to help the less fortunate in the community shows that she truly serves "With Excellence and Pride." Mayor Gurney presented Susan J. Lara with a plaque for Employee of the Month for January 1993 in appreciation of her unique Book 34 Page 9099 02/16/93 6:00 P.M. Book 34 Page 9100 02/16/93 6:00 P.M. performance with the City of Sarasota and congratulated her for her outstanding efforts. 3. CHANGES TO THE ORDERS OF THE DAY #1 (0115) through (0117) City Auditor and Clerk Robinson stated that there were no Changes to the Orders of the Day. 4. APPROVAL OF MINUTES = APPROVAL RE: MINUTES OF THE SPECIAL JOINT SARASOTA CITY COMMISSION AND SARASOTA COUNTY BOARD OF COMMISSION MEETING OF NOVEMBER 19, 1992; MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 25, 1993; MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 1, 1993 = APPROVED (AGENDA ITEM I) #1 (0119) through (0130) On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to approve the Minutes of the Special Joint Sarasota City Commission and Sarasota County Board of Commission Meeting of November 19, 1992, Minutes of the Special Sarasota City Commission Meeting of January 25, 1993, and the Minutes of the Regular Sarasota City Commission Meeting of February 1, 1993. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. 5. BOARD ACTIONS (AGENDA ITEM II) #1 (0131) through (0133) There were no Board Actions. 6. CONSENT AGENDA NO. 1: ITEMS 1 THROUGH 4 = APPROVED (AGENDA ITEM III-A-1, 2, -3, -4) #1 (0134) through (0150) 1. Approval Re: Purchase contract for mobile home for $17,000.00 located at Lot W2, Street 4, Sarasota Mobile Home Park, in accordance with Resolution No. 90R-383 2. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with Central Florida Contractors, Inc. for sidewalk, curb and gutter replacement, (R.F.P. #93-51) 3. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with Post, Buckley, Schuh & Jernigan, Inc. for Water and Sewer Engineer of Record for a period not to exceed three (3) years, (R.F.P. #93-31) 4. Approval Re: Authorize Mayor and City Auditor and Clerk to execute a contract for professional services with Chemical Development Corporation for demolition of the existing Boy Scout Building located at 710 N. Osprey Avenue, Sarasota, Florida (R.F.P. #93-44) On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1, Items 1 through 4 inclusive. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 93R-631) = ADOPTED; ITEM 2 (ORDINANCE NO. 93-3654) = ADOPTED; ITEM 3 (ORDINANCE NO. 93-3660) - ADOPTED; ITEM 4 (ORDINANCE NO. 93-3663) = ADOPTED (AGENDA ITEMS III-B-1, -2, -3, AND -4) #1 (0152) through (0205) city Auditor and Clerk Robinson read proposed Resolution No. 93R-631 and proposed Ordinance Nos. 93-3654, 93-3660, and 93-3663 by title only. 1. Adoption Re: Proposed Resolution No. 93R-631, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 2. Adoption Re: Second reading of proposed Ordinance No. 93-3654, amending Chapter 30, Sarasota City Code, to delete certain streets from the list of minor collector streets designated therein; making findings as, to need; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 3. Adoption Re: Second Reading of proposed Ordinance No. 93-3660, amending the Zoning Code to allow home occupations as permitted accessory uses in the RSF, RMF, and OPB Zone Districts as set forth herein; deleting the requirement of a special exception for home occupations in the RSF, RMF and OPB Zone Districts; requiring a permit for home occupations in the RSF, RMF, and OPB Zone Districts; making findings; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. (Title Only) 4. Adoption Re: Second Reading of proposed Ordinance No. 93-3663, repealing Chapter 9, Auctions and Auctioneers; providing for severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) Book 34 Page 9101 02/16/93 6:00 P.M. Book 34 Page 9102 02/16/93 6:00 P.M. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 2, Items 1 through 4 inclusive. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. 8. SCHEDULED PRESENTATIONS - PRESENTATION RE: REQUEST FOR CONCEPTUAL APPROVAL TO COORDINATE DEVELOPMENT OF A NATURE TRAIL/NATURAL AREA AROUND THE RETENTION POND IN PAYNE PARK = GRANTED CONCEPTUAL APPROVAL (AGENDA ITEM V-1) #1 (0208) through (0307) Ms. Ellen Maloff, representing ReLEAF Sarasota County, came before the Commission and stated that ReLEAF is seeking the City Commission's approval for the conceptual plan to coordinate the planning and planting of an educational nature trail around the lake in Payne Park; that ReLEAF is working with the Horticulture Director of the Sarasota County Parks and Recreation Department. Vice Mayor Pillot asked the City Manager to elaborate on his recommendation that the Commission grant "conceptual" approval to this project. City Manager Sollenberger stated that since the Deputy city Manager is operative in this area, he would like him to respond to this query. V. Peter Schneider, Deputy City Manager, stated that he is comfortable with Ms. Maloff's request on behalf of ReLEAF; that she is requesting conceptual approval of the plan so that she will be allowed to try to raise funds for trees to be planted at Payne Park; however, the actual plantings and location of the plantings will be developed with the County's architect on Payne Park and those plans will come back to the city Commission for review before implementation. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to approve the Administration's recommendation to grant conceptual approval to this ReLEAF project. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. Ms. Maloff stated that she wanted to thank Mayor Gurney who planted the seed by his suggestion of this project some time ago. 9. UNFINISHED BUSINESS - RESCISSION RE: ACTION OF DECEMBER 21, 1992 TO DENY SPECIAL EXCEPTION PETITION 93-SE-01, TO PERMIT A COUNSELING FACILITY FOR DEPENDENCY RECOVERY INA HISTORICALLY DESIGNATED STRUCTURE IN AN RMF-3 ZONE DISTRICT (310 SOUTH OSPREY AVENUE) - ACTION OF 12/21/92 RESCINDED = AFFIRMED PLANNING BOARD'S APPROVAL OF SPECIAL EXCEPTION PETITION 93-SE-01 WITH CONDITIONS (AGENDA ITEM VII-1) #1 (0336) through (0431) Mayor Gurney passed the gavel to Vice Mayor Pillot. On motion of Mayor Gurney and second of Commissioner Atkins, that in accordance with notice given at the February 1, 1993 Regular City Commission meeting, it was moved to rescind the action taken at the December 21, 1992 meeting to deny Special Exception Petition 93-SE-01. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. On motion of Mayor Gurney and second of Commissioner Atkins, it was moved to affirm the Planning Board's approval of Special Exception Petition 93-SE-01 to permit a counseling facility for dependency recovery in a historically designated structure in an RMF-3 Zone District with the further condition that the property owners enter into a written agreement with the City of Sarasota in recordable form specifying that the Special Exception shall be operable only so long as Joseph and Susan Kane continue to own the subject property and operate thereon a counseling facility for dependency recovery, in the event that Joseph and Susan Kane sell the property or cease operating the counseling facility for dependency recovery the Special Exception shall be deemed terminated and the City Commission shall adopt a resolution recorded in the public records which will cancel this Special Exception. Motion carried unanimously (3 to 0): Atkins, yes; Gurney, yes; Pillot, yes. Vice Mayor Pillot passed the gavel back to Mayor Gurney. 10. UNFINISHED BUSINESS = ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 93-3643, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 310 SOUTH OSPREY AVENUE, HISTORICALLY KNOWN AS THE FREDERICKSON HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (PETITION NO. 92-HD-17, MIKKI HARTIG) = ADOPTED (AGENDA ITEM VII-2) #1 (0436) through (0473) City Auditor and Clerk Robinson read proposed Ordinance No. 93-3643 by title only. On motion of Commissioner Atkins and second of Vice Mayor Pillot, it was moved to adopt proposed Ordinance No. 93-3643. Mayor Gurney called for the vote on the motion. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. 11. UNFINISHED BUSINESS = APPROVAL RE: SET FOR PUBLIC HEARING, HISTORIC DESIGNATION PETITION NOS. 93-HD-05 AND 93-HD-06. STRUCTURES LOCATED AT 1365 AND 1375 FRUITVILLE ROAD = REMOVED PETITION NOS. 93-HD-05 AND 93-HD-06 FROM THE TABLE, SET THEM FOR PUBLIC HEARING AND DELAYED SECOND READING UNTIL AFTER MARCH 28, 1993 (AGENDA ITEM VII-3) #1 (0475) through (0519) Book 34 Page 9103 02/16/93 6:00 P.M. Book 34 Page 9104 02/16/93 6:00 P.M. City Auditor and Clerk Robinson stated that at the City Commission meeting of February 1, 1993 these petitions were tabled; therefore, a motion is needed to remove them from the table. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to remove Petition Nos. 93-HD-05 and 93-HD-06 from the table. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to set Petition Nos. 93-HD-05 and 93-HD-06 for public hearing and delay second reading until after March 28, 1993. Motion carried unanimously (3 to 0) : Atkins, yes; Pillot, yes; Gurney, yes. 12. UNFINISHED BUSINESS - REPORT RE: DESIGN FOR THE SOUTH SARASOTA ELEVATED WATER TANK AT SOUTHGATE - ACCEPTED MR. RUBADOUX'S WITHDRAWAL OF HIS MODEL; INSTRUCTED THE PLANNING AND DEVELOPMENT STAFF TO PROCEED TO DISPLAY MR. NOTESTEIN'S REVISED MODEL AND THE PLAIN ONE AT SOUTHGATE PLAZA FOR PUBLIC COMMENT (AGENDA ITEM VII-4) #1 (0520) through (0748) Al Barrett, Planning and Development Department Chief Planner-Current Division, came before the Commission and stated that the City Commission's action at the meeting of February 1, 1993 was to place Mr. Notestein's and Mr. Rubadoux's water tower models along with a third neutral model that would be prepared by the director of the Public Art Committee, Frank Colson, at Southgate Plaza for public input. Mr. Barrett continued that the day following the meeting, Mr. Rubadoux withdrew his entry, citing too much controversy surrounding public art; therefore, the Planning Department is asking for direction since they had been instructed to display three models. Vice Mayor Pillot stated that he is not in favor of any artwork on the water tower because of the additional expense involved and that the more the water tower can disappear, by its paint scheme, into the sky the better; however, he feels the Commission should honor Mr. Rubadoux's request to withdraw his design. Commissioner Atkins stated that he would like to see the water tower painted a soft blue and hope it disappears into the sky; that he is not willing to pay any more than $40,000 on painting it, and would like even less spent if possible. Mr. Barrett stated that the Commission had directed Mr. Notestein to tone the colors down a little bit and work with the people who will do the actual application to try to bring the cost down on his model as much as possible; that the cost has been reduced but it is not yet known how much will be saved. Vice Mayor Pillot stated that unless there is a groundswell of people in favor of artwork being painted on the water tower after viewing the display at Southgate Plaza that contact him, he will not vote for the added expense. On motion of Vice Mayor Pillot and (Mayor Gurney passed the gavel to Vice Mayor Pillot) second of Mayor Gurney, it was moved to accept Mr. Rubadoux's withdrawal and continue with only Mr. Notestein's revised model and the plain one as described by Commissioner Atkins and me. Motion carried unanimously (3 to 0): Atkins, yes; Gurney, yes; Pillot, yes. Vice Mayor Pillot passed the gavel back to Mayor Gurney. 13. NEW BUSINESS = APPROVAL RE: SET FOR PUBLIC HEARING, PROPOSED ORDINANCE NO. 92-3581, AMENDING CHAPTER 23, SARASOTA CITY CODE, PERTAINING TO COMMERCIAL VENDING ON PUBLIC PROPERTY AND PUBLIC RIGHF-OF-WAY: SETTING FORTH THE RESPONBIBILITIES 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. = SET FOR PUBLIC HEARING WITH CHANGES AND 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 RIGHT-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. SET FOR PUBLIC HEARING WITH CHANGES (AGENDA ITEM VIII-1) #1 (0751) through (1900) City Attorney Taylor stated that the Commission had previously instructed representatives of the Planning and Development Department and him to meet with representatives of the Downtown Association to develop a vending ordinance with their input; that proposed Ordinance No. 92-3581 relates to special events activities; that the Deputy City Manager suggested that subpart (b) Book 34 Page 9105 02/16/93 6:00 P.M. Book 34 Page 9106 02/16/93 6:00 P.M. be changed to read "five (5) working days" instead of ten days; that it has been suggested that subpart (d) should have the words "not for profit" added; that the ordinance does not prevent outsiders from coming in and participating in special events; however, there are a number of steps such a vendor must follow in addition to paying an application fee of $150.00. Commissioner Atkins stated that he felt that if an organization is sponsoring an event and assembles the vendors it would like to have, subpart (f) of this ordinance might impact plans the organization has. Deputy City Manager Schneider stated that that is one of the things this ordinance will attempt to do because now the city does not have a way to control an outside vendor who shows up at an event where there are sanctioned vendors. Commissioner Atkins stated that it seems the Police Department or the sponsoring organization could simply tell an outside vendor that they will have to leave. Vice Mayor Pillot asked what the amount of the application fee under Section 6-28 (d) (4) is. City Attorney Taylor stated that it is $50.00 for an initial site and $20.00 for each additional site. Vice Mayor Pillot asked whether subpart (f) was necessary in light of subpart (g). Attorney Taylor stated that he feels retaining subpart (f) would make sure there was no misunderstanding about the status of an outside vendor. Deputy City Manager Schneider stated that the easiest way administratively, to handle such situations would be to do as Commissioner Atkins suggested by advising outside vendors that they will have to leave. Vice Mayor Pillot asked whether subpart (f) should be eliminated. City Manager Sollenberger stated that he feels (f) should be eliminated and make sure that the Code states that nobody may vend unless they have a permit from the City or are on an approved special event permit. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to set proposed Ordinance No. 92-3581 for public hearing with the following changes: P insert the words "not for profit" in subpart (d) A eliminate subpart (f) and make sure that the Code states that nobody may vend unless they have a permit from the City or are on an approved special event permit. Mayor Gurney stated that he felt the suggested change to subpart (b) to change the reference from ten (10) days to "five (5) working days" should be made. Vice Mayor Pillot and Commissioner Atkins stated that they agreed and asked that it be included in the motion. Mayor Gurney called for the vote on the motion. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. Attorney Taylor stated that proposed Ordinance No. 93-3653 sets up the mechanism for the City Commission designating specifically parks at which it will allow vending activities to take place on a more or less permanent basis pursuant to a written contract between the vendor and the City. Attorney Taylor continued that the contract aspect of this is important because the City could write an ordinance that would be much more thorough, but many of the things the City would want to control in this particular instance can be best handled in the contract, which is subject to amendment in order to suit changing conditions as opposed to trying to anticipate conditions and write it all into the ordinance; that the draft ordinance designates Selby Five Points Park and Pineapple Park as two parks where, as part of an RFP process that will be approved in advance by the city Commission, the city will allow vendors. Attorney Taylor stated that the contract states that the approved park vendor is to be "Only a person holding a valid City occupational license for a fully operational permanent business location which sells a similar product or service to that to be marketed within the designated public park"; that this concept came out of the discussions with the Downtown Association; however, this may not be realistic as drafted because there could well be circumstances where some sort of an activity is needed within one of these parks where the City will not be able to find anyone who has a pre-existing license, therefore, the Commission may want to consider giving "preference" to someone who has an existing license but not make it an absolute requirement. Mayor Gurney stated that this was one of his concerns with this proposed ordinance. Vice Mayor Pillot stated that he agrees with Mayor Gurney and feels this reference should be modified. Commissioner Atkins stated that his concern is that the vendor who received a permit to vend at Pineapple and Lemon Avenues (now Pineapple Park) seems to be being written out of this process; that he feels the City owes them a debt of gratitude for vending at that location before the park was built and working through the dust and construction; that he feels they should be given an opportunity to vend at Pineapple Park. Vice Mayor Pillot stated that he agreed with Commissioner Atkins. City Manager Sollenberger stated that the Commission could limit the tie to an established business to Selby Five Points Park only. Attorney Taylor stated that this could be handled in this manner. On motion of Vice Mayor Pillot and Commissioner Atkins, it was moved to set proposed Ordinance No.93-3653 for public hearing with the following modifications to the wording of Section 1 (2) "Approved park vendor": Book 34 Page 9107 02/16/93 6:00 P.M. Book 34 Page 9108 02/16/93 6:00 P.M. the person who holds a fully operational permanent business license would enjoy a preference, or a vendor who has to date met all of the standards for good vending shall enjoy a preference for that same site, after that, a person who has been at a certain site and has done a good job would have first preference to stay, and second preference would be to those people who want to occupy a site not yet occupied and who hold a fully operational permanent business license or location, and absent either of those it would be open to anyone. Motion carried unanimously (3 to 0): : Atkins, yes; Pillot, yes; Gurney, yes. 14. NEW BUSINESS PRESENTATION RE: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1992 - REPORT RECEIVED (AGENDA ITEM VIII-2) #1 (1908) through (2023) Gibson Mitchell, Finance Director, came before the Commission and stated that the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1992 was prepared by the Finance Department and the responsibility for the accuracy of the data and the presentation is the responsibility of the City; that a synopsis of the information contained in the report is found in the transmittal letter on pages i through xvi; that the financial statements and the books of the City have been audited by a firm of independent certified public accountants as required by Article 4 Section 11 of the City Charter; that the opinion of Armstrong, Parent, Marlar & Company is found on page 1 of this report; that the City received a Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report last year and was the 11th consecutive year the City has received this award. Mr. Mitchell stated that he is confident that this report continues to meet the Certificate of Achievement requirements and it will be submitted tomorrow for eligibility for another certificate. Mr. Mitchell stated that his purpose tonight is to request that the City Commission make a motion to receive this Comprehensive Annual Financial Report as it becomes the official financial report for the City. On motion of Commissioner Atkins and second of Vice Mayor Pillot, it was moved to receive the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1992. Vice Mayor Pillot stated that in the four years that he has been on the Commission, he has been very impressed each year by the quality of this document, its thoroughness, and more importantly, its readability, not only from the Commission's standpoint but for the public as well; that he commends Mr. Mitchell and all those who have worked to put this document together. Commissioner Atkins and Mayor Gurney both agreed with Vice Mayor Pillot. Mayor Gurney called for the vote on the motion. Motion carried unanimously (3 to 0): Atkins, 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; that he will time speakers and advise them when they have 1 minute remaining. All individuals wishing to speak during the public hearings were requested to stand and be sworn in by City Auditor and Clerk Robinson. 15. PUBLIC HEARING RE: 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) = PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (2025) through (2128) City Auditor and Clerk Robinson stated that because last year the State had reapportionment and redistricting the City had to create a new Precinct No. 110 and change the existing boundaries of Precinct Nos. 5 and 41 and proposed Ordinance No. 93-3668 will accomplish this. Mayor Gurney opened the public hearing. There was no one to speak and the public hearing was closed. Mr. Robinson read proposed Ordinance No. 93-3668 by title only. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to pass proposed Ordinance No. 93-3668 on first reading. Motion carried unanimously (3 to 0): Atkins, yes; Pillot, yes; Gurney, yes. 16. PUBLIC HEARING RE: 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 Book 34 Page 9109 02/16/93 6:00 P.M. Book 34 Page 9110 02/16/93 6:00 P.M. SAME: ADOPTING BY REFERENCE PRECINCT MAPS FOR PRECINCT NO. 10 AND PRECINCT NO. 77; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ETC. (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (2130) through (2173) City Auditor and Clerk Robinson stated that this ordinance changes the boundaries of Precinct Nos. 10 and 77. Mayor Gurney opened the public hearing. There was no one to speak and the public hearing was closed. Mr. Robinson read proposed Ordinance No. 93-3670 by title only. On motion of Commissioner Atkins and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 93-3670 on first reading. Motion carried unanimously (3 to, 0): Atkins, yes; Pillot, yes; Gurney, yes. 17. SCHEDULED PRESENTATIONS - PRESENTATION RE: PROPOSAL FOR ST. ARMANDS PARKING PROJECT - ENDORSED THE PRESENTATION BY THE ST. ARMANDS REPRESI ENTATIVES AND ASKED ADMINISTRATION TO PREPARE THIS PROPOSAL IN THE APPROPRIATE FORM so THAT IT CAN BE SET FOR PUBLIC HEARING AT THE EARLIEST DATE THAT IT CAN BE DONE PROPERLY (AGENDA ITEM V-2) #1 (2176) through (2613) Gil Waters, Vice President of the Commercial Landowners Association of St. Armands, Gerald Robbins, and Marty Rappaport came before the Commission. Mr. Waters stated that in the last several months an ad hoc committee made up of residential owners, commercial property owners, and merchants on St. Armands Circle have been meeting to discuss programs that represent all their interests in St. Armands; that this program involves both the traffic and parking needs on St. Armands Key and the properties that lie in the southeast quadrant of St. Armands Circle. Mr. Waters continued that the southeast quadrant contains two 29,000 square foot triangles that are zoned high density RMF-5; that these two triangles permit apartments, hotels, motels, or ACLFS (Adult Congregate Living Facilities). Mr. Waters stated that there has been an increasing demand for parking on St. Armands and the traffic on the Circle has increased; that a City survey in 1988 identified a deficiency of almost 500 parking spaces for the present and future; that the City has undertaken a short-term effort to improve the situation by providing between 60 and 70 extra parking spaces on the street; that an intermediary improvement to provide an additional 60 to 70 parking spaces is a plan to eliminate the water tower and the second level of the small parking garage in the northeast quadrant when a new parking facility is created this summer. Mr. Waters continued that the ad hoc committee, for reasons of both traffic and convenience, has determined that it is not in anyone's interest to have a 75 foot building on the two triangles on the southeast quadrant and are trying to create an alternative to this; that the committee believes it is in everyone's interest that there should be a maximum landscaped buffer between the residential areas of St. Armands and the commercial areas on the Circle. Mr. Waters stated that the committee is working to produce a plan that will meet everyone's needs at this point and they are here tonight to bring the Commission up-to-date on their thinking and get an expression of support up to this point to cooperate with each other as much as possible to produce a workable plan. Mr. Waters continued that the property owners on St. Armands Circle have agreed in principle to fund over time the acquisition of the two triangular parcels using whatever means the City has at its disposal. Mr. Robbins stated that the proposal has not yet been presented to the Residents Association as a group. City Manager Sollenberger stated that he is pleased with what the property owners association has accomplished and he suggests the Commission endorse what the committee has done thus far and encourage the City Administration to continue to dialogue with the committee in this process. On motion of Vice Mayor Pillot and second of Commissioner Atkins, it was moved to endorse the presentation by the St. Armands representatives and ask the Administration to prepare this proposal in the appropriate form so that it can come back to the Commission to be set for public hearing and to do this at the earliest date that it can be done properly. Motion carried unanimously (3 to 0): : Atkins, yes; Pillot, yes; Gurney, yes. 18. SCHEDULED PRESENTATIONS = PRESENTATION RE: CLAIM FOR DAMAGES = INSTRUCTED THE ADMINISTRATION AND THE CITY ATTORNEY TO WORK WITH MS. WAGONER'S ATTORNEY TO COME TO CLOSURE ON THIS AS OUICKLY AS POSSIBLE (AGENDA ITEM V-3) #1 (2615) through (3022) Ms. Bonnie Wagoner came before the Commission and stated that she has appeared before the Commission several times before on the drainage and flooding problem of her property at 1714 Devonshire Lane; that she has had many promises from the City and she feels this has gone far enough; that she is willing to negotiate a resolution to this situation; and that her physician is in the audience if the Commission feels they need to ask him any questions as to what this flooding of her home has done to her health. Book 34 Page 9111 02/16/93 6:00 P.M. Book 34 Page 9112 02/16/93 6:00 P.M. Vice Mayor Pillot stated that he believes all parties involved in this want to see this matter resolved; however, arriving at whatever is a fair settlement both to Ms. Wagoner and the people of the City of Sarasota should not be done at the Commission table; that he feels the Commission should encourage the Administration and the City Attorney to work with Ms. Wagoner's attorney to come to closure on this as quickly as possible and done in a manner that is fair. Commissioner Atkins stated that he supports this position also. It was the consensus of the Commission to have the Administration and the City Attorney negotiate a fair settlement of this matter with Ms. Wagoner. 19. CITIZENS e INPUT (AGENDA ITEM VI) #1 (3030) through #2 (0377) Devin Rutkowski, 1920 Laurel Street, came before the Commission and stated that he wanted to speak about the Special Exception Petition for 310 South Osprey Avenue that was granted earlier tonight when Mayor Gurney rescinded his vote from a previous meeting on this issue; that he wanted to present a Neighborhood Petition with eight signatures on it in opposition to the special exception to allow an addictive behavior rehabilitation office at 310 South Osprey Avenue; that on November 2, 1992 a special exception to expand the commercial uses at 555 South Osprey Avenue was denied by the Commission; that at the December 12, 1992 City Commission Meeting, the Planning and Development Staff had recommended denial of this special exception that was approved today; that some positive things have occurred since the special exception was denied on December 21, 1992, one of which is that the Neighborhood Association set up a booth at the Bayfront Park dedication where over 150 brochures they recently had published were distributed; that the Neighborhood Association feels the revitalization process is just beginning to get under way and he has spoken to five people recently who are seriously looking at property to buy and live in the Laurel Park neighborhood, four of which want to do live/work, one is an artist, a couple who would like to run a bed and breakfast and a couple who would like to have an antique wedding gown boutique. Mr. Rutkowski continued that he had met with a house mover who is capable of moving the two-story historic house that is presently in the path of the new Sarasota Film Society building and will be demolished; that it could have been located on the vacant lot next to 310 South Osprey Avenue which will now become a parking lot for the addictive behavior office; and that he feels what the vision of the neighborhood and what they would like Osprey Avenue to become has been thwarted by the approval of this special exception. Mayor Gurney stated that when Susan Kane called him several weeks ago and advised him that they were willing to accept the compromise that he had suggested at the original public hearing, he immediately called Mr. Rutkowski and advised him of the Kane's decision and of his intention to rescind the previous action of denying this petition. Mr. Rutkowski stated that maybe philosophically the Commission and he disagree about the opportunity 310 South Osprey Avenue presented to the neighborhood to turn the page and look to the future with a new concept for this street in the Laurel Park neighborhood. Tina Taylor, 534 Columbia Court, came before the Commission and stated that the Laurel Park neighborhood does not want any more commercial growth on Osprey Avenue and she hopes that in the future the Commission will work with them to create a neighborhood situation where people will be home at night watching the neighborhood; that she feels setting precedents is dangerous; that she is asking the Commission to help the neighborhood with its vision. Vice Mayor Pillot stated that he did not understand how a bed and breakfast or antique wedding gown boutique were more desirable to the neighborhood. Ms. Taylor stated that her point is not about intrusion into the neighborhood, but that what she wants are neighbors there at night. Vice Mayor Pillot stated that he could understand that. 20. BOARD APPOINTMENTS (AGENDA ITEM IX) #2 (0378) through (0379) There were no Board Appointments. 21. REMARKS OF COMMISBIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #2 (0380) through (0583) MAYOR GURNEY: A. stated that he wanted to read the following statement: "Four years ago the people of Sarasota entrusted me with the serious responsibility of serving as a City Commissioner. I have sought to serve conscientiously, taking whatever time and making whatever effort that I felt was required. In my case, this has frequently meant 50 to 60 hour work weeks and an awful lot of time spent on the telephone. Sometimes the experience has been negative, but most of the time it has been positive, particularly when I dealt directly with the people who matter the most, which of course are the citizens. Last Tuesday at about noon, my body sent me a strong signal that to continue to provide the same level of service for Book 34 Page 9113 02/16/93 6:00 P.M. Book 34 Page 9114 02/16/93 6:00 P.M. another four years would be unwise. Having learned that, I feel that to serve this City at a diminished level would be personally unacceptable to me. During the past week, the response to the stories that have been written about my health has been rather overwhelming and supportive. A number of people have offered to donate money to my campaign, volunteered to work for me and they have offered to put up more signs. You cannot know how much I appreciate that level of support; however, the experience of last Tuesday has really forced me to step back and reevaluate my priorities. I want to thank all of you for your support and participation. Those who have made personal contributions to my campaign will have them returned unless they otherwise request, in which case I will donate the funds to the "Mayor's Feed the Hungry" program. Vice Mayor Pillot stated that he is confident that the people of this City and surrounding area who benefit from this city join all of us in appreciation for your four years; that he has never seen Mayor Gurney take a stand he did not believe to be in the best interests of this City and all of its people. Commissioner Atkins stated that it is a special situation to come to a realization that you can change your mind and it's all right; that he has appreciated these last four years; that he feels they have accomplished a lot more than either of them ever imagined they could. 22. OTHER MATTERS ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (0584) through (0620) CITY MANAGER BOLLENBERGER: A. stated that he would like to thank Mayor Gurney for his leadership and his contribution to the City and wishes him well. Deputy City Manager Schneider stated that he seconded Mr. Sollenberger's feelings. CITY AUDITOR AND CLERK ROBINSON: A. stated that he would like to echo Mr. Sollenberger's feelings also. CITY ATTORNEY TAYLOR: A. stated that he also echoed that and that he would see him later. 23. ADJOURN (AGENDA ITEM XII) #2 (0621) The Regular Sarasota City Commission Meeting of February 16, 1993 was adjourned at 7:52 p.m. : 1 ferrney JACK GURNEY, MAYOR ATTEST: Billy E Robenson BILLY R7 ROBINSON, CITY AUDITOR AND CLERK Book 34 Page 9115 02/16/93 6:00 P.M.