MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 2, 1992 AT 6:00 P.M. PRESENT: Mayor Jack Gurney, Vice Mayor Gene Pillot, Commissioners Fredd Atkins, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and city Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Jack Gurney The meeting was called to order in accordance with Article III, Section 9, of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance to the Flag. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR SEPTEMBER, 1992 POLICE OFFICER STANLEY BEISHLINE #1 (0001) through (0119) Police Chief Jolly introduced Officer Stanley Beishline and stated that Officer Beishline was instrumental in developing the course of training to build confidence in the Officers, giving them additional survival skills; that he is a ten-year veteran of the Police Department and also serves as Firearms Instructor, hostage negotiator, and as the Department's armorer; that Officer Beishline is known by his colleagues as one who is ready to lend a helping hand; and that his work at teaching and enhancing patrol skills shows his dedication to his profession, and proves that he serves with excellence and pride. Mayor Gurney presented Officer Beishline with a plaque in appreciation for his unique performance with the City of Sarasota and congratulated him for his outstanding efforts. 2. PRESENTATION RE: SARASOTA'S ASSISTANCE TO SOUTH FLORIDA AFTER HURRICANE ANDREW - RESCHEDULED FOR FUTURE MEETING #1 (0119) through (0134) Mayor Gurney stated that this presentation was requested for rescheduling until all the involved parties can be brought together, including the City departments in house and the reserve unit that spent six weeks in the Miami area; that there is an educational forum possible from these individuals; and that he prefers that the presentation be made with all participants present. Book 34 Page 8771 11/02/92 6:00 P.M. Book 34 Page 8772 11/02/92 6:00 P.M. 3. PRESENTATION RE: DISTINGUISHED BUDGET AWARD TO THE CITY OF SARASOTA - PRESENTED TO DEPUTY FINANCE DIRECTOR CHRIS LYONS #1 (0134) through (0245) Mr. Steven J. Carr, Northern Florida District Representative of the National Government Finance Officers Association (NGFOA), came to the Commission table and stated that the NGFOA sponsors the Distinguished Budget Awards program which has very strict criteria; and that there are 532 governments across the nation who submitted budgets to the program last year; that only 83% were granted a Distinguished Budget Award. Mr. Carr congratulated the City's staff for having achieved this accomplishment and stated that it is the highest form of recognition in governmental budgeting among the peers of those who produced the document. Mr. Carr presented the Distinguished Budget Award to Chris Lyons, Deputy Finance Director, and offered his congratulations. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0245) through (0272) City Auditor and Clerk Robinson stated there were three Changes to the Orders of the Day: A. Remove from Agenda Item No. II-1, Planning Board Report, the item regarding a request for an MPO study. B. Remove from Consent Agenda No. 1, Item No. III A-2, Approval Re: Funding for Bayfront Park, per the request of the City Manager. C. Remove Scheduled Presentation, Item No. V-1, Presentation Re: The Sarasota Bay National Estuary Project. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to approve the Changes to the Orders of the Day. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 5. APPROVAL RE: MINUTES OF THE SPECIAL JOINT MEETING BETWEEN THE SARASOTA CITY COMMISSION AND THE SARASOTA COUNTY SCHOOL BOARD ON SEPTEMBER 14, 1992 - APPROVED; MINUTES OF THE REGULAR CITY COMMISSION MEETING OF OCTOBER 19, 1992 APPROVED; MINUTES OF THE REGULAR CITY COMMISSION MEETING OF OCTOBER 19, 1992, ADJOURNED TO OCTOBER 22, 1992 - APPROVED (AGENDA ITEMS I-1, 2 AND 3) #1 (0272) through (0291) On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve the minutes of the Special Joint Meeting between the Sarasota City Commission and the Sarasota County School Board on September 14, 1992; the minutes of the Regular City Commission Meeting of October 19, 1992; and the minutes of the Regular City Commission Meeting of October 1992, adjourned to October 22, 1992. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 6. BOARD ACTIONS: REPORT RE: REGULAR PLANNING BOARD/LOCAL PLANNING AGENCY MEETING OF OCTOBER 7, 1992 PETITION 92-SE-09 DENIED; PETITION 92-SE-10 APPROVED WITH STIPULATION: PETITION 92-SE-11 = TABLED UNTIL NEXT MEETING; PETITION NO. 89-SV-03 CONTINUED INDEFINITELY; PETITION NO. 92-3624 - TO BE PRESENTED AT PLANNING BOARD/LOCAL PLANNING AGENCY'S NOVEMBER 4, 1992 MEETING; PROPOSED ORDINANCE NO. 92-3614 SET FOR PUBLIC HEARING; PLANNING BOARD REPORT ACCEPTED (AGENDA ITEM II-1) #1 (0291) through (1620) Planning Director Robinson and Planning Board Chairman Almy came to the Commission table. A. Petition No. 92-SE-09 Modify existing Special Exception (87-SE-16) to allow more liberal use of premises at 555 South Osprey Avenue, with stipulations. (Ramphal) Ms. Almy stated that the Planning Board voted to approve recommendation of Petition No. 92-SE-09 with the stipulations of: 1) excluding medical uses, doctors' offices, insurance agencies, and veterinarians; and 2) allowing psychologists and psychiatrists. Ms. Robinson stated that very low intensive business uses which generate little traffic have been allowed; that the owner requested a more liberal use of the property; and that all of the uses in the OPB (Office Professional Business) district will be allowed except for the named stipulations; that some examples of these uses that would not be allowed are retail or mercantile; and that general offices such as real estate offices would be allowed. Commissioner Patterson stated that she has serious reservations regarding this matter; that the Special Exception privilege for Historic Preservation was presented as something that the Commission controlled very specifically for low key type uses; that there are a number of offices that are rather intense, such as real estate and title offices; and that opening more office space in the City is not necessarily doing a good service for the City. Commissioner Merrill stated that he would prefer a positive approach to this matter and asked how a residential character can be encouraged in the neighborhood; that the signage looks Book 34 Page 8773 11/02/92 6:00 P.M. Book 34 Page 8774 11/02/92 6:00 P.M. commercial; that none of the tenants in this area support the neighborhood association; and that the maintenance of the property has been marginal. Commissioner Merrill also stated that he would prefer that these types of Special Exceptions require someone to live on the premises and be maintained as a residence. Ms. Robinson stated that voting to deny this Special Exception will not take away the existing permitted uses but will prohibit expansion of the uses. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to deny Petition No. 92-SE-09. Motion carried (4 to 1): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, no; Gurney, yes. B. Petition No. 92-SE-10 - Request to permit expansion of a non-governmental use (Pelican Man's Bird Sanctuary) in a G Zone District located at Ken Thompson Park. (Shields) Ms. Almy stated that the Planning Board recommends approval of Petition No. 92-SE-10 with the stipulation that a trespass agreement be signed with the Police Department over the part that will be open to the public. On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to affirm the Planning Board's recommendation (to approve with stipulation). Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. C. Petition No. 92-SE-11 request for off-street parking in a RMF-4 Zone District located at 1711 Fruitville Road and to be utilized by 1690 Fruitville Road. (Freeburg/Rollings-Riscorp) Ms. Almy stated that the Planning Board recommends adoption of Petition 92-SE-11. Mayor Gurney asked if the light located at Goodrich would be removed when Fruitville Road becomes Business Route U.S. 41 and stated that having a parking lot across from the business (Riscorp) may be a problem. City Manager Sollenberger stated that the City would probably make a strong case to retain the light at this intersection due to a sight/distance problem on the south side; that this light does serve a safety purpose; and that the question could arise again with the routing of Business Route U.S. 41. Commissioner Merrill stated that he is in favor of suggesting that the parcel be rezoned to commercial to increase the tax roll; and that parking is not the issue here. Ms. Robinson stated that the CRT zoning does require some residential usage with the commercial usage and she would have to check whether or not an off street parking lot would be a permitted principal use in that district. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to table this matter until the next Commission meeting. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. D. Petition No. 89-SV-03 - Request to vacate portion of the alley north of Second Street and west of North Tamiami Trail between the gas station and Sarasota Quay properties. (Pines of Sarasota, Donald F. Bowers) Ms. Almy stated that the Planning Board recommends the continued deferral of this matter indefinitely. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to affirm administration's recommendation to continue the deferral of this matter indefinitely. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. E. Proposed Ordinance No. 92-3624 Tree Protection Ordinance to be brought back to Regular Planning Board meeting of November 4, 1992 Ms. Almy stated that it was the consensus of the Planning Board that Board Member Annis meet with Mr. Hewes, Director of Building, Housing, Zoning and Code Enforcement, in an effort to modify the ordinance to incorporate tiers, preservation, and an established list of nuisance trees and return to the Planning Board at their November 4, 1992, meeting. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve administration's recommendation that this matter be brought back to the Planning Board's regular meeting of November 4, 1992. Commissioner Merrill asked if single family homes needed to be restricted other than for "grand trees"; and whether government needed to be exempted from the tree ordinance. Commissioner Merrill also stated there seems to be no good form of vegetation to provide shade at beach picnic areas and he would like to see an exemption on the Australian Pines at the picnic areas on the water front. Mayor Gurney stated that he wished to add the Carrotwood tree for consideration on the "nuisance list." Book 34 Page 8775 11/02/92 6:00 P.M. Book 34 Page 8776 11/02/92 6:00 P.M. Commissioner Merrill stated that he is not in favor of giving the single family homeowner the right to cut down "grand trees," but other nuisance trees that are not on the "nuisance list" such as the Silk Oak tree, the homeowner should have the right to remove; that an ordinance should be written that is tough enough to save trees such as Live Oaks on private property when property passes ownership; and that this ordinance does not do that. Mr. Sollenberger stated that on October 19, 1992, he sent a memo to the Commissioners recommending that City owned property be subject to the tree removal licensing process in the ordinance; and that he would like to expand that to include any governmental owned land which is subject to the authority of the City. Mayor Gurney called for the vote on the motion. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. F. Proposed Ordinance No. 92-3614 - - Parking standards for medical Offices. Ms. Almy stated that the Planing Board recommends that no changes be made in the Zoning Code addressing parking standards for medical offices. Ms. Robinson stated that the Planning Staff felt that the parking recommendation that no changes be made in the Zoning Code should be incorporated into the Zoning Ordinance; that there are field investigations that reveal problems with certain medical offices; that other codes have been researched; that it is felt that the proposed ordinance sets a reasonable standard; and that there are approximately four to five opportunities on U.S. 41 for medical offices to occur. Ms. Robinson stated that the administration's recommendation is to set this ordinance for public hearing and not to affirm the Planning Board's recommendation as stated on the Agenda Request Form. Commissioner Patterson stated that she would like for the attorney and Planning Staff to return prepared to address a possible problem raised; that the Zoning Code currently reads that if an existing medical usage property is vacated for more than nine months, the non-conformity is not "grandfathered" in, creating a property that is no longer suitable for the use in which it was originally built; that her intent is that properties that currently have no doctors in them that do not meet any new requirement should not be allowed to receive a Special Exception if they cannot meet the parking requirements, but that these offices with existing medical usage should not be "sunsetted" after nine months if a tenant is not found within that time. Commissioner Patterson stated that if their was no objection, she would like to have this added to the proposed Ordinance. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved that proposed Ordinance No. 92-3614 be set for public hearing. Motion carried (4 to 1): Atkins, yes; Merrill, no; Patterson, yes; Pillot, yes; Gurney, yes. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to accept the report of the Regular Planning Board's meeting of October 7, 1992. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 7. BOARD ACTIONS: REPORT RE: REGULAR PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD MEETING OF OCTOBER 8, 1992 - REPORT ACCEPTED (AGENDA ITEM II-2) #1 (1620) through (1693) Duane Mountain, Public Works Division Manager, came to the Commission table and stated that the Parks, Recreation, and Environmental Protection Advisory Board (PREPAB) met with Mr. Hewes, Building, Housing, Zoning and Code Enforcement Director, to discuss the tree ordinance; that the minutes of that meeting are included in the agenda packet; and that he will answer any questions the Commissioners may have regarding the recommendations made by PREPAB to set proposed Ordinance No. 92-3624 for public hearing. Mayor Gurney asked regarding the Gold tree. Mr. Mountain stated that this was a statement from Mr. Hewes saying that the Planning Board was considering exempting the Gold Tree and including it as an exotic. On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to accept the report of the Regular Parks, Recreation, and Environmental Protection Advisory Board Meeting of October 8, 1992. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 8. BOARD ACTIONS: REPORT RE: REGULAR HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 13, 1992 PETITION NO. 92-HD- 16 - SET FOR PUBLIC HEARING; PETITION NO. 92-HD-17 SET FOR PUBLIC HEARING WITHOUT CONSIDERATION OF SPECIAL EXCEPTION: PETITION 86-HD-5, 6 &7 = ADMINISTRATION TO REPORT BACK IN TWO MONTHS; HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 13, 1992 REPORT RECEIVED; SPANISH TOWER REPLICA = MOVED TO AGENDA ITEM VII-1 (AGENDA ITEM II-3) #1 (1693) through (2480) Book 34 Page 8777 11/02/92 6:00 P.M. Book 34 Page 8778 11/02/92 6:00 P.M. Mr. Al Barrett, Senior Planner, and Mr. Whit Rylee, Chairman of the Historic Preservation Board, came to the Commission table. A. Petition No. 92-HD-16 (1828 Grove Street) Mr. Rylee stated that the Planning Board recommended approval of Petition No. 92-HD-16. On motion of Commissioner Atkins, and second of Vice-Mayor Pillot, it was moved to set Petition No. 92-HD-16 for public hearing. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. B. Petition No. 92-HD-17 (310 S. Osprey Avenue) Mr. Rylee stated that this is a depression era 1930's bungalow located in the Morrill/Mound neighborhood; that the Historic Preservation Board recommended approval of this petition for historic designation of this property. On motion of Commissioner Merrill it was moved to deny Petition No. 92-HD-17. Motion died for lack of a second. On motion of Vice-Mayor Pillot it was moved to set Petition No. 92-HD-17 for public hearing. Motion died for lack of a second. Mr. Rylee stated that if this building is not approved from the Historical Preservation Board's point of view, it would be better to deny the designation due to the building lacking historical value and not meeting historical criteria; that this is not a strong building, but it is a good example of a depression era bungalow and it does have architectural merit. Mr. Rylee also stated that if the Commission wished to vote this matter down because of the Special Exception process that that should be done at that time and the Historical Preservation Board left out of that issue. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to set Petition No. 92-HD-17 for public hearing, without any consideration of the Special Exception at that public hearing. Motion carried (4 to 1): Atkins, yes; Merrill, no; Patterson, yes; Pillot, yes; Gurney, yes. C. Petition 86-HD-5, 6 & 7 (Rosemary Court (800/810 & 820/830 Central Avenue) Mr. Rylee stated that these buildings were moved to Central Avenue in 1986; that the restored offices have been vacant for the past several years and have been vandalized; and that the owner seeks assistance in finding tenants to occupy and maintain the structures in exchange for which he will offer free rent for one year. Mr. Rylee stated also that the Historic Preservation Board wishes the Commission to direct appropriate City departments to investigate uses for the structures such as for low cost housing; and for ways in which the City may participate. Vice-Mayor Pillot asked City Manager Sollenberger if there was a period of time that he would feel comfortable spending staff time on this matter. Mr. Sollenberger stated that approximately two months may be sufficient. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to accept the City Manager's recommendation and, at his direction, to assign staff to work with this matter for a period not to exceed two months, and report back to the Commission at that time. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. D. Replica of Spanish tower - Located at northwest corner of Exhibition Hall Mr. Rylee stated that this tower is located behind the Exhibition Hall; that the tower is part of the National Register nomination and the Historic Preservation Board recommends realignment of the road/intersection in order to avoid relocating the tower. City Manager Sollenberger stated it is felt that the tower should be relocated; that this subject will resurface later in tonight's meeting under the Civic Center improvements; that that plan suggests that the tower be relocated back toward the Exhibition Hall which would keep it within the area where it was originally placed; and that he is curious what the Historic Preservation Board's reasoning is for not wishing to relocate the tower. Mr. Rylee stated that the relocation recommendation brought to the Historic Preservation Board was one of moving the tower all the way to the bay front and completely removing the tower from its site. Mr. Sollenberger suggested that this matter be discussed later in the evening at which time Mr. Rylee could confer with City Engineer Daughters and the consultants to review the proposed relocation. There was a consensus of the Commission to accept Mr. Sollenberger's recommendation to visit this matter later in the meeting under Agenda Item VII-5 (Civic Center Improvement Projects). On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to accept the report of the Historic Preservation Board meeting of October 13, 1992. Book 34 Page 8779 11/02/92 6:00 P.M. Book 34 Page 8780 11/02/92 6:00 P.M. 9. CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 92-3609, AMENDING ARTICLE VI OF THE ZONING CODE, PERTAINING TO PARKING AND STORAGE OF MAJOR RECREATIONAL EQUIPMENT; le PROVIDING THAT SUCH EOUIPMENT MAY BE PARKED OR STORED IN REAR OR SIDE YARDS, BUT NOT IN A REOUIRED FRONT YARD OR ON THE FRONT YARD SIDE OF THE LINE OR EXTENSION OF THE LINE OF ANY BUILDING OR STRUCTURE FACING THE FRONT YARD; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - DENIED (AGENDA ITEM IV-1) #1 (2480) through (3635) 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. Mr. William Hewes, Director of Building, Housing, Zoning and Code Enforcement, came to the Commission table and stated that the Commission had requested that Administration provide an allowance for vehicles to be parked in the front yard if there were screens; that this ordinance provides that major recreational equipment may be parked or stored on that portion of a lot between the required front yard and the line or extension of the line of any building or structure facing the required front yard if such equipment is site screened from abutting properties by the use of opaque fence or landscaping at least six feet in height. Mayor Gurney asked what should be done about the equipment that may exceed the height of six feet. Commissioner Merrill suggested that the ordinance be reworded to indicate that the site screening conform to the height of the equipment being stored; and that the wording should be very descriptive regarding the minimum and greater heights. Mr. Hewes stated that he has reworded the draft to read, "...to the height of the equipment being stored." 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. 92-3609 by title only. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 92-3609, as amended, on first reading. Mayor Gurney asked if recreational vehicles could be allowed in front yards only in places where there is no alternative and then the stipulation could be applied. Mr. Hewes stated that this should be referred to the attorney. City Attorney Taylor stated that the Ordinance could be rewritten for consideration of the various circumstances that may arise and that he recommended that the matter be referred back to his office to ensure an enforceable ordinance that is properly worded and to start the process over again. Mayor Gurney stated that his suggestion was to basically discourage people from placing recreational vehicles in their front yards except when there is no other choice. Vice-Mayor Pillot stated that this is less restrictive and he favors less restrictions that will still serve the purpose. Commissioner Atkins stated that his basic concern is that in some situations the front yard is the only place for these vehicles and having to build a 10 foot fence is often unacceptable. Mayor Gurney called for the vote on the motion. Motion failed (3 to 2): Atkins, noi Merrill, yes; Patterson, yes; Pillot, no; Gurney, no. 10. CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 92-3627, AMENDING THE ZONING CODE BY ESTABLISHING BINGO PARLORS AS PERMITTED PRINCIPAL USE AND STRUCTURE IN THE CSC-C AND CSC-R ZONE DISTRICTS; PROVIDING FOR MINIMUM OFF-STREET PARKING REQUIREMENTS; MAKING FINDINGS AS TO NEED; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) - DENIED (AGENDA ITEM IV-2) #1 (3635) through #2 (0387) City Auditor and Clerk Robinson stated that this is the continuation of a public hearing that was left open at the last meeting. Kathy Schermer, 1301 6th Avenue, West, Bradenton, came before the Commission and stated that she is speaking on behalf of her client, Pondella Hall for Hire, Inc.; and that Pondella currently runs a number of commercial bingo halls within the Florida local region; that eight halls are currently open in Sarasota, Manatee, Lee, Collier, Highland, Pasco, Pinellas, and Polk Counties. Ms. Schermer continued that the petition is for a variance to the existing ordinance which would permit bingo halls within the current zone CSC-C AND CSC-R which are community shopping center areas; that the current language of the ordinance states that commercial recreational establishments, including bowling alleys and billiard parlors, only are permitted; that it is their position either that the word, "only" be stricken or that the included use of bingo halls be allowed. Book 34 Page 8781 11/02/92 6:00 P.M. Book 34 Page 8782 11/02/92 6:00 P.M. Ms. Schermer stated further that she does not believe that this change would cause any "intensity to use" to change or that the permitted use would change; that bingo halls are commercial recreational facilities; and that her client has established a number of these that are open for review by anyone. Ms. Schermer stated that the particular area of interest for her client is the Colonial Village shopping center at the corner of Lime Avenue and Fruitville Road; that revenue to the City would increase through this lease; that their purpose is to move from the County into the City; and that if there are any enforcement regulations her client will cooperate. Janet Feliciano, 1819 Main Street, came before the Commission and stated that it is believed that a bingo hall brings a lot of community benefits; that it is hoped to add more sessions in the hope of making the move from the County perimeter into the City so that facilities can be expanded and that they may offer a better environment for charities and customers. There was no one else to speak and Mayor Gurney closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 92-3627 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to deny Ordinance No. 92-3627. Police Chief Jolly came to the Commission table and stated that the Police Department is not in favor of this ordinance at this time; that the Police Department had requested a continuance of this matter at the last Commission meeting to allow time for surveying other jurisdictions regarding bingo parlors; that consistently, the advice given from those contacts was that commercial bingo parlors should be regulated by a jurisdiction more so than State statute allows because the State provides essentially no regulation. Police Chief Jolly stated that this petition is to amend the Zoning Code; that the Police Department's recommendation is that the Commission not consider expanding the areas of the City in which commercial bingo parlors can be located until there is an opportunity to consider regulatory ordinances regarding bingo parlors. Mayor Gurney called for a vote on the motion. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 11. SPECIAL INTRODUCTION OF BOY SCOUTS IN ATTENDANCE AND BOY SCOUT LEADER MR. DON PETE - RECOGNIZED (NO AGENDA ITEM) #2 (0387) through (0450) Mayor Gurney announced that Boy Scout Troop No. 24, from the Church of the Redeemer, along with Troop Leaders Don Pete and Don Andrews were present in the audience. Mr. Pete stated that the troops are present in order to meet one of the requirements for the Merit Badge, and to observe how the City is run and by whom. Vice-Mayor Pillot stated that Mr. Pete has been teaching and active in scout leadership for many years and recognized him for his 18 years of service. 12. BOARD ACTIONS: REPORT RE: REGULAR CITIZENS WITH DISABILITIES ADVISORY BOARD MEETING OF OCTOBER 12, 1992 RESOLUTION TO BE DRAFTED REDUCING NUMBER OF BOARD MEMBERS TO FIVE REPORT RECEIVED OF REGULAR CITIZENS WITH DISABILITIES ADVISORY BOARD MEETING OF OCTOBER 12, 1992 (AGENDA ITEM II-4) #2 (0450) through (0535) Mr. Donald Hadsell, Community Development Director, came to the Commission table and presented the following items from the Citizens With Disabilities Advisory Board (CWDAB) meeting of October 12, 1992: A. Number of Board Members Mr. Hadsell stated that currently the Board is composed of nine members; that he does not recall it ever having been as many as nine; that presently there are five members currently serving; and the CWDAB is seeking that the Board membership be reduced to five members. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved that an ordinance or resolution be drafted to reduce the CWDAB members to the number of five and be brought back to the Commission at the earliest possible time. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. B. Board Membership Request that non-City residents be allowed to serve on the CWDAB City Auditor and Clerk Robinson stated that there is no requirement that a City resident must be appointed; and that this is something the Commission has chosen to do each time the applications are considered. Mayor Gurney stated that this becomes a moot matter. Book 34 Page 8783 11/02/92 6:00 P.M. Book 34 Page 8784 11/02/92 6:00 P.M. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to accept the report of the CWDAB meeting of October 12, 1992. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Vice-Mayor Pillot asked that Mr. Hadsell report back to the Board that the matter of residence can be discussed each time there is a vacancyi that this does not need to be written in the Resolution; and that the Commission will consider the matter of residence each time there is a vacancy. Mayor Gurney agreed. 13. CONSENT AGENDA NO. 1, ITEMS 1, 3,4, AND 5 APPROVED; ITEM 2 REMOVED IN THE CHANGES TO THE ORDERS OF THE DAY (AGENDA ITEMS III-A 1, 2, 3, 4, AND 5) #2 (0450) through (0645) Mayor Gurney requested City Auditor and Clerk Robinson to explain the purpose for Consent Agendas. Mr. Robinson replied that items under Consent Agenda No. 1 are considered routine matters; that if a Commissioner desired to do SO, he/she could request that an item be removed for discussion before voting; that Consent Agenda No. 2, consisted of resolutions and ordinances that required a roll call vote. 2. Approval Re: Funding for Bayfront Park North Esplanade Modification Removed under Changes to the Orders of the Day. Commissioner Atkins requested that Item No. 3 be removed for discussion. 1. Approval Re: Construction of Sunscreen Structure over tanks at Mote Marine. 4. Approval Re: Authorize the City Engineer to execute a Right-of-Way Encroachment Permit for 3-17 North Boulevard of the Presidents and 371 Harding Circle. 5. Approval Re: Set for Public Hearing proposed Ordinance No. 93-3637, pertaining to the designation of a water ski area by the Department of Natural Resources, State of Florida, and the requirement contained therein that pertaining to Manatee Protection within the water ski area; amending Chapter 10, beaches and waterways, Sarasota City Code, so as to implement Manatee Protection as required by the Department of Natural Resources; repealing Ordinances in conflict herewith; etc. (Title Only). On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Items 1, 4 and 5. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 3. Approval Re: Award of contract to Siesta Key Decor for painting waterproofing) the Ed Smith Sports Stadium Complex. Commissioner Atkins asked why the difference in the bids was so broad and if this is due to bidding for a low quality job or a misunderstanding of the bid. Robert Gerkin, Director of General Services, came to the Commission table and stated that he did not feel that this was the case; and that the other company was from out of State. Mr. Gerkin continued that the contractor plans to perform this job with his own crews because the system being applied requires a certain amount of training; that he is guaranteeing this work for seven years and hiring sub-contractors will negatively affect that guarantee. On motion of Commissioner Atkins and second of Vice-Mayor Pillot, it was moved to approve Consent Agenda No. 1, Item 3. Motion carried (5 to 0) : Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 14. CONSENT AGENDA NO. 2 ITEMS 1 (RESOLUTION NO. 93R-611) ADOPTED; 2 (RESOLUTION NO. 93R-614) - = ADOPTED; 3 (RESOLUTION NO. 934-615) ADOPED; 4 (ORDINANCE NO. 92-3600), 5 (ORDINANCE NO. 92-3604), 6 (ORDINANCE NO. 92-3616), 7 (ORDINANCE NO. 92-3628), 8 (ORDINANCE NO. 92-3629), 9 (ORDINANCE NO. 92-3631), 10 (ORDINANCE NO. 92-3632), AND 11 (ORDINANCE NO. 92-3633) ADOPTED ON SECOND READING (AGENDA ITEMS III-B 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11) #2 (0645) through (1485) Commissioner Patterson requested that Item 5 be removed for discussion. City Auditor and Clerk Robinson read the following by title only: Resolution No. 93R-611, Resolution No. 93R-614, Resolution No. 93R-615, Ordinance No. 92-3600, Ordinance No. 92-3616, Ordinance No. 92-3628, Ordinance No. 92-3629, Ordinance No. 92-3631, Ordinance No. 92-3632, Ordinance No. 92-3633. Commissioner Merrill left the Commission table at 7:50 p.m. 1. Adoption Re: Proposed Resolution No. 93R-611, 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 Book 34 Page 8785 11/02/92 6:00 P.M. Book 34 Page 8786 11/02/92 6:00 P.M. against the property described in each abatement report for the amount stated therein; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 93R-614, finding that it is necessary to obtain certain real property by purchase or by condemnation to provide for the widening of a portion of Orange Avenue within the City of Sarasota, Florida; authorizing the purchase or condemnation of the real property herein described; etc. (Title Only). 3. Approval Re: Proposed Resolution No. 93R-615, renaming Spruce Street between Burns Court and Kentucky Lane to "Burns Lane." 4. Adoption Re: Second reading of proposed Ordinance No. 92-3600, to vacate that portion of Third Street (also known as Lime Street), bounded on the south by the northerly right-of-way line of Hawthorne Street extended, and bounded on the north by the southerly right-of-way line of Waldemere Street extended; as more particularly described herein; etc. (Title Only). 6. Adoption Re: Second reading of proposed Ordinance No. 92-3616, amending the procedures for processing proposed amendments to the local government comprehensive plan by requiring petitioners to hold neighborhood workshops, 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). 7. Adoption Re: Second reading of proposed Ordinance No. 92-3628, providing for the designation of the structures located at 1872 Hibiscus Street, historically known as the J. W. Harvey, Sr., House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only (Petition No. 92-HD-15, Hartig) 8. Adoption Re: Second reading of proposed Ordinance No. 92-3629, providing for the designation of the structures located at 4521 Bay Shore Road, historically known as the Earle House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 92-HD-14, Hartig) 9. Adoption Re: Second reading of proposed Ordinance No. 92-3631, providing for the designation of the structures located at 1845 Wisteria Street, historically known as the Gillette House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 92-HD-10, Hartig). 10. Adoption Re: Second reading of proposed Ordinance No. 92-3632, providing for the designation of the structures located at 1641 and 1647 Loma Linda Street, historically known as the Cornish Apartments, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 92-HD-13, Hartig). o 11. Adoption Re: Second reading of proposed Ordinance No. 92-3633, providing for the designation of structures located at 1896 Hibiscus Street, historically known as the Pike House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 92-HD-11, Hartig). On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 2, Items 1 through 4 and 6 through 11 inclusive. Motion carried (4 to 0): : Atkins, yes; Patterson, yes; Pillot, yes; Gurney, yes. Commissioner Merrill returned to the Commission table at 7:55 p.m. 5. Adoption Re: Second reading of proposed Ordinance No. 92-3604, amending Article IX of the Zoning Code, to provide that certain medical office uses located in residential Zone Districts shall be exempted from the provisions of the Zoning Code which require the termination of nonconforming uses after a reasonable amortization period; making findings as to need; repealing Ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only). Commissioner Patterson stated that she would like to amend Ordinance No. 92-3604 to sunset in ten years; that she wonders if this can be done without readvertising and setting it for another public hearing; and that she is interested if there are two Commissioners who are interested in doing that. Mayor Gurney, stated that he does not disagree with having a doctor's office in neighborhoods; that the difference here is a neighborhood that already has medical establishments which are starting to dwarf that neighborhood; that he felt that the Commission in the early '70's was obviously wrestling with the problem at that time; that it is evident that this is an ongoing Book 34 Page 8787 11/02/92 6:00 P.M. Book 34 Page 8788 11/02/92 6:00 P.M. problem; and that, therefore, the line must be drawn somewhere; and that is why he voted no on the Ordinance at first reading. Commissioner Patterson stated that this is a conflicting issue; that she agrees with Mayor Gurney; that it would take a great deal of convincing for her to vote to expand medical uses on Osprey Avenue; and that this proposed ordinance is not really an expansion. Commissioner Patterson also stated that the ten-year sunset is a compromise because it says to the community that the Commission is not moving toward expanding these uses; that it clarifies some ambiguities of 1974; that ten years from now there will be no debate as to what this Commission's intent was; and that she is going to vote "yes" to adopt this ordinance if the Commission cannot amend this Ordinance. Vice-Mayor Pillot stated that there was an overwhelming public support at a recent public hearing which substantially stated that these offices are important to the neighbors and that they are compatible with the neighborhood; that he agrees with Commissioner Patterson that it would be difficult to vote for an expansion of offices of this type in that area; that even though the City Charter calls for a second reading, the action has typically been determined at the first reading and; that this is not an expansion; and that the best evidence shows that it was not the intent in 1974 to include these three medical offices. City Auditor and Clerk Robinson read proposed Ordinance No. 92-3604 by title only. On motion of Vice-Mayor Pillot and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 2, Item 5. Commissioner Merrill stated that he supports a compromise on this that would allow the doctors to continue to operate for some time; that a compromise does allow them to continue to operate there but also sets the tone that this is to be a residential area. On motion of Commissioner Patterson and second of Commissioner Merrill it was moved to amend this ordinance to add whatever language that would "sunset" it in ten years and, depending on the commentary of the City Attorney, if necessary, reset for public hearing. Mayor Gurney stated that "sunsetting" it in ten years passes the issue over to another Commission to wrestle with at that time; that this is a hard decision; and that he will vote "no" to the amendment. Mayor Gurney called for a vote on the amendment to the motion. Motion failed (3 to 2): Atkins, no; Merrill, yes; Patterson, yes; Pillot, no; Gurney, no. Mayor Gurney called for a vote on the main motion. Motion carried (3 to 2): Atkins, yes; Merrill, no; Patterson, yes; Pillot, yes; Gurney, no. 15. SCHEDULED PRESENTATIONS PRESENTATION RE: UPDATE FROM THE OCTOBER 15, 1992, QUARTERLY MEETING OF THE BOARD OF DIRECTORS OF THE COMMUNITY HOUSING CORPORATION OF SARASOTA = NO ACTION (AGENDA ITEM V-2) #2 (1485) through (2235) Mr. Jack Conway, Chairman of the Community Housing Corporation of Sarasota (CHC-S) came to the Commission table and stated that the CHC-S has concerns regarding a workable accountability system; that all recently passed laws involving housing have contemplated public/private partnerships; that the most recent law is a two-year authorization for an extension of the existing regulation which is in effect; and that it contemplates an extension of the public/private partnership concept. Mr. Conway continued that there are about 15 houses in process by the end of this year, in addition to 5 nearly completed now; that 4 houses have been built and sold, and a fifth house is about 75% complete; that at the close of the project a full accounting will be made to the City; that CHC-S expects to pay in full the Community Development Block Grant loan which was advanced; and that CHC-S also expects to pay the deferred fees in full on each of the 5 houses. Mr. Conway stated further that there is progress on the bids for the houses on Orange Avenue; that they are in the process of modifying the plans for Florida style houses; that there will be five houses on 5th Street which are projected to begin in December; that plans are coming together on the Orange Avenue project between 4th and 6th Streets which is another five houses and one rehabilitation house; that all of this leads to a volume of activity which makes it very important that a system of accountability be in place; that the suggestion to accomplish this is for CHC-S to provide each Commissioner and the Administrator, the materials which CHC-S presents to the CHC-S Board of Directors' quarterly meetings; and that subsequent to providing those materials he will request to appear before the Commission to answer any questions. Mr. Conway stated that for this work there must be complete confidence on the part of the City that what CHC-S is doing in concert with the City is what the Commission wishes to have happen in the City; that recently approval was received from the Department of Housing and Urban Development on a request for a planning grant of $110,000 to plan the conversion of the Cohen Way housing project to either a cooperative or condominium; and that a Book 34 Page 8789 11/02/92 6:00 P.M. Book 34 Page 8790 11/02/92 6:00 P.M. system of budgeting and accounting is being set up as the planning grant is being set in motion. Mr. Conway stated that this may not be the best accountability system but it is one that can be followed which will keep the Commission informed, and CHC-S will be prepared to modify it if necessary. 16. CITIZENS' INPUT ADMINISTRATION TO RETURN WITH A RECOMMENDATION. AS SOON AS POSSIBLE REGARDING ALLEYWAY LIGHTING AND FP&L CONTRACT REGARDING SAME = CONCERNS OF RELEAF SARASOTA REFERRED TO ADMINISTRATION (AGENDA ITEM VI) #2 (2235) through #3 (0335) Mayor Gurney requested City Auditor and Clerk Robinson to explain the Citizens' Input process. Mr. Robinson replied that at this time, any citizen can sign up to speak and come before the Commission to discuss any issue, with a five minute time limit. Mary Ouillin, 407 Cocoanut Avenue, representing the Downtown North Neighborhood Association (DNNA), came to the Commission table and stated that DNNA is active in promoting positive changes in the neighborhood; that there are community projects to keep the alleyways clean; that DNNA also became part of the CPTED (Crime Prevention Through Environmental Design) and SCOPE (Sarasota Community Oriented Problem Elimination) task force projects; and that through this project it came up that lighting was needed in the alleyways. Ms. Quillin stated that a proposal was given to Mr. Sollenberger last February which identified alleyways in need of lighting in the area; that it was proposed that this program be leased through Florida Power and Light (FP&L); that the City Engineering Department reviewed the matter and indicated no problems and has continued to state that lights would be forthcoming; and that as of tonight there are still no lights in three of the alleyways. Ms. Quillin also stated that it is rumored that this area will be taken by eminent domain and it is useless to invest money into this neighborhood; and that the tenants, landlords, and property owners are angry because the lights would be a deterrent to crime. Ms. Quillin stated that the cost would be $.90 cents per day per alleyway; that the neighborhood would like to have the lighting; that she has heard that the City would like to put the lighting on private property; that this would create a complex problem; and that to keep it in simple terms, three lights per alleyway would help control crime in the area which would save tax dollars on the Police Force and a lot of other ways. City Manager Sollenberger stated that this matter has been ongoing since last February; that part of it involved the Engineering Department; that it was recently learned that a ten-year contract would be required with FP&L; that it is expected that the Courtelis Company will present a proposal to the City which the Commission may or may not entertain favorably; and that the area in question is the area that would be covered in that proposal. Mr. Sollenberger stated that an alternative proposal would be to place inexpensive, Home Depot type, lighting on the private structures and attach to the residential service; and that the City could pick up that bill. Mr. Sollenberger also stated that the value of the ten-year contract with FP&L is approximately $26,000; that the alternative of installation on private property with the reimbursement, the initial outlay would be approximately $5,000; that he has requested Duane Mountain, Public Works Division Manager, to draw up and coordinate the program and work with the property owners. On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved that the City Manager report back to the Commission on November 16, 1992, with a recommendation. Vice-Mayor Pillot asked Mr. Sollenberger if it is the potential of the Courtelis project that has caused a rethinking or if there are other issues involved. Mr. Sollenberger stated that that was the only issue. Vice-Mayor Pillot asked that if there was no project, would the lighting be useful and the FP&L contract be valid or supportable. Mr. Sollenberger agreed. Vice-Mayor Pillot stated that he feels that Ms. Quillin has a valid point in asking the investor to pick up the remaining $20,000 in costs. Mayor Gurney asked Ms. Quillin if she agreed with returning to the Commission for their recommendation in two weeks. Ms. Quillin stated that that is not acceptable and that the DNNA asks the Commission to proceed with the original proposal because this involves citizens and their welfare and safety. On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to amend the motion to ask the Administration during the upcoming two-week period that one of the alternatives investigated in the next weeks be to investigate the kind of agreement that can be arrived at with FP&L; that there are a number of Special Commission meetings during the upcoming two-week period and that it may not be necessary to wait the full two weeks for Administration to return with more information. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Book 34 Page 8791 11/02/92 6:00 P.M. Book 34 Page 8792 11/02/92 6:00 P.M. Mayor Gurney called for the vote on the main motion. Motion carried (4 to 1): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, no; Gurney, yes. Ellen Maloff, 2620 Grafton, representing Releaf Sarasota, came to the Commission table and presented a drawing on the proposed Payne Park area; that Releaf Sarasota has been working on getting the community involved in planting 150 trees in Payne Park. Ms. Maloff presented to the Commission what could be accomplished in Payne Park as far as a natural area/nature trail; that this would be an accessible ecosystem that would also be an attraction to downtown Sarasota; and that the Releaf Sarasota would like some help putting this project together. Ms. Maloff stated that the program provides for sponsors to pay for the planting of each group of three trees; that each group of three would sell for $180; that there are remaining sponsorships left; and that there have been discussions with the County Parks and Recreation Department. Mr. Sollenberger stated that he has no prior knowledge regarding this project and that this is a County park facility. On motion of Vice-Mayor Pillot and second of (Mayor Gurney passed the gavel to Vice-Mayor Pillot) Mayor Gurney, it was moved that this matter be referred to Administration to answer the questions that Ms. Maloff has brought up. Mayor Gurney left the Commission table at 8:56 p.m. Commissioner Patterson asked Mr. Sollenberger if there is some sort of City/County master plan; that there should be input from both entities prior to giving over green space. Mr. Sollenberger stated that the planting of the area is now the responsibility of the County under an interlocal agreement, with approval of the plans by the City Commission; that part of the referral to Administration would go to Deputy City Manager Schneider who would confer with the County Administration to ensure that all areas are reviewed as needed. Mayor Gurney returned to the Commission table at 9:00 p.m. Vice-Mayor Pillot called for the vote on the motion. Motion carried (5 to 0): Atkins, yes; Gurney, yes; Merrill, yes; Patterson, yes; Pillot, yes. Vice-Mayor Pillot passed the gavel back to Mayor Gurney. Mr. Johnny Nugent, Normandy Inn, 400 Tamiami Trail, North, came to the commission table and stated that he is here to speak regarding the lighting in his neighborhood; that it has been designated a blighted area; that he wonders if it was the intent of the Commission to use the powers of eminent domain to take their property and sell it to someone else for their personal gain; that another matter involved here is the TIF (Tax Incremental Funding) issue which has created a "feeding frenzy" for money;. that it seems to be the motive for selling his property to a Miami high wheeler developer by the name of Alex Courtelis; that he does not want to sell his property and he definitely does not want it taken by eminent domain in today's market; that apparently this Commission is considering that; that this area is not blighted; and that the Commission should go ahead with the lighting and the sidewalks that were okayed for his neighborhood. Mayor Gurney stated that he anticipated a presentation at some point to the Commission regarding this matter; that this Board has taken no action with respect to the Courtelis group; and that they are just like any other developeri; that until they appear before the Commission and state exactly what plans they are contemplating; and that up to that point he is not interested in even knowing. Commissioner Patterson stated that eminent domain can be used anywhere, that perhaps this is irrelevant; that it is certainly true that whether property is in the TIF area or otherwise, it is very tempting for a City that has a hard time meeting its budget to look with some favor at a project that might increase its tax base; that there are so many considerations involving this project; and that this is very premature. 17. UNFINISHED BUSINESS - REPORT RE: STATUS OF CONVENPION & VISITORS' BUREAU REMODELING - - $28,800 FUNDING GRANTED (AGENDA ITEM VII-1) #3 (0335) through (1370) Mr. Tom Sullivan, President of Sarasota Convention & Visitors Bureau Board of Directors, and Mr. Larry Marthaler, Executive Director of the Sarasota Convention & Visitors Bureau, came to the Commission table. city Manager Sollenberger stated that this matter came before the Commission recently and the Administration recommended that the Bureau go to the County and request the funding to finish the roof in an approximate amount of $28,800; that this was done and the County declined to participate and suggested returning to the City. Mr. Sollenberger also stated that the Administration originally recommended not to provide funding for the project consistently; that he spoke with Mr. Sullivan regarding alternatives; that the Convention & Visitors' Bureau is asking the City to contribute $28,800 for the roof tiles. Book 34 Page 8793 11/02/92 6:00 P.M. Book 34 Page 8794 11/02/92 6:00 P.M. Mr. Sollenberger stated further that other alternatives include a loan; that this would further deplete the General Fund balance which is discouraged; that another alternative would be for the Bureau to negotiate a loan through a bank, however the Bureau has no collateral to provide; that this could be overcome by a loan guarantee by the City; that he recommends that the money not come out of the General Fund if a loan is considered; that the site is within the City's redevelopment district; that he suggests that if there is a contribution or if there is a loan that some of the TIF monies that have been budgeted towards additional debt service be utilized. Mr. Sullivan gave a review of the events involved in this matter up to this time. Commissioner Merrill stated that the City is served very well by the Convention & Visitors Bureau. On motion of Commissioner Merrill and (Mayor Gurney passed the gavel to Vice-Mayor Pillot) second of Mayor Gurney, it was moved to fund the $28,800 out of the occupational license fees; that if, in the short term, General Fund monies have to be advanced to it, that he supports doing so as well. Commissioner Atkins left the Commission table at 9:25 p.m. Commissioner Patterson stated that she initially voted against paying for the roof because there is in organization that services the entire County that came to the City before going to the County for funding; that this matter has been a series of missed intents; that it sounds like the organization has gone pretty far out on a limb on its loans; that she will support Commissioner Merrill's motion reluctantly. Commissioner Atkins returned to the Commission table at 9:27 p.m. Vice-Mayor Pillot asked Mr. Sullivan what the cost is for repairing the roof. Mr. Sullivan stated that the roof was $28,900 plus $28,800, or approximately $57,000. Mr. Sullivan also stated that the reason the cost has risen is due to the fact that the entire project, without the cost of the tile, was originally estimated at $139,000 has now gone up to approximately $150,000. On motion of Commissioner Atkins and second of Commissioner Merrill, it was moved to Call the Question. Motion carried (3 to 2): Atkins, yes; Gurney, yes; Merrill, yes; Patterson, no; Pillot, no. Vice-Mayor Pillot restated the main motion for clarification and stated that the motion is to grant the requested $28,800 out of occupational license funds and to forward it in the meantime from general funds until other funds are available. Vice-Mayor Pillot called for the vote on the motion. Motion carried (3 to 2): Atkins, yes; Gurney, yes; Merrill, yes; Patterson, no; Pillot, no. Vice-Mayor Pillot passed the gavel back to Mayor Gurney. 18. UNFINISHED BUSINESS = APPROVAL RE: CIVIC CENTER IMPROVEMENT PROJECTS - - 60% CONSTRUCTION PLAN APPROVED AND AUTHORIZATION TO PROCEED WITH FINAL CONSTRUCTION PLANS AND RELOCATE THE SPANISH TOWER REPLICA (AGENDA ITEM VII-5) #3 (1370) through (1605) City Engineer Daughters, Messrs. Arland White and Joe O'Neill of Smally, Wellford & Nalven, came to the Commission table. Mr. Daughters stated that the Commission previously authorized proceeding with the construction plans after approval of the concept plans; that Smally, Wellford & Nalven (SWN) has completed the construction plan to a 60% level; and that SWN is requesting approval of those plans at this level and authorization to continue into the final construction drawings and then the bidding phase. Mr. Daughters also stated that the next time the Commission will see this project is during its recommendation to award the contract; and that that is scheduled for the February 1st Commission meeting. Mayor Gurney stated that he is concerned about contradicting or conflicting with the Payne Terminal area. City Manager Sollenberger stated that there are two locations for a restaurant location; that the view west of the Coast Guard Auxiliary building is the most desirable by a restaurateur, but that introduces more parking for the restaurant in an area that is closer to the Van Wezel Performing Arts Hall and removes close in parking support for the Van Wezel; that his recommendation would be where the terminal buildings were; that he feels the parking arrangement could work. Mr. Sollenberger also stated that there is easy egress from the parking lot which has been one of the major complaints; that supporting the Van Wezel is important because it is a prime asset of the City and customer relations should be kept in mind first and foremost; that even though a restaurant could be revenue producing that it should be reviewed in the total values of the scheme of things; that the Commission's major responsibilities should be in how the Van Wezel and Exhibition Hall is serviced. Upon the urging of Vice-Mayor Pillot, approval of Mayor Gurney, and consensus of the Commission, this matter was briefly interrupted in order to address Agenda Item VIII-1 (Lease Agreement with Pelican Man's Bird Sanctuary). Book 34 Page 8795 11/02/92 6:00 P.M. Book 34 Page 8796 11/02/92 6:00 P.M. 19. NEW BUSINESS - - REPORT RE: THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY AND THE PELICAN MAN'S BIRD SANCTUARY APPROVED (AGENDA ITEM VIII-1) #3 (1605) through (1635) On motion of Vice-Mayor Pillot and second of Commissioner Merrill, it was moved to approve the amendment to the lease agreement between the City and the Pelican Man's Bird Sanctuary. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 20. UNFINISHED BUSINESS APPROVAL RE: CIVIC CENTER IMPROVEMENT PROJECTS = SEE MINUTES ITEM NO. 18 (AGENDA ITEM VII-5) #3 (1635) through #4 (0610) Mr. Arland White stated that there is considerable progress to report on the Civic Center improvements; that on May 18 the shown concept plan was approved by the Commission; that there will be some refinements but the plan is nearly identical to the one approved in May. Mr. White went on to debrief the Commission on the basics of the site plan. Mr. White stated that patrons to the facilities on this site will enter by 10th Street Extension, the Plaza Santo Domingo, or Van Wezel Way; that no entry or egress is being changed; that once patrons enter the site they will have many options in the parking and drop off areas. Commissioner Merrill expressed concern regarding the flow of traffic at the access areas. Commissioner Patterson expressed concern regarding the volume of incoming traffic and the ability of that traffic to flow out of the parking lot. Commissioner Patterson asked what the plans were with regard to the trees in the area. Mr. White stated that a number of tall, canopy trees will be added. Mr. White stated that there are 1,006 parking spaces, compared to 980 in the concept plan; that there will be a 1.5" asphalt overlay on the pavement; that there will be some cuts in the existing pavement for some structures; that there will be approximately 28 disabled parking spaces. Mr. White stated that currently there is no stormwater retention; that the new plan will provide for some stormwater retention in the depressed medians of the parking lot; that there is a retention area designed to hold approximately six inches of water; that there is also an "underdrain" system designed in order for the retention area to dry within three to six hours; that at various locations there will be openings in the medians for the water to flow into the median. Mr. White also stated that all the areas in the medians are a 4 to 1 slope; that the smallest median is slightly less than 12 feet wide; and that the widest median is approximately 18 feet. Mr. O'Neill stated that there will be an irrigation system on all the medians. Mr. White stated that the waterfront park will be a passive park which hugs the bayfront, with benches and picnic tables; that the walkway wraps around the Van Wezel and terminates at the turn- around, with future provisions to continue to tie into the Sarasota Ballet and the cross-over of the lagoon; and that there are turn out points for viewing and access to the fishing decks. Vice-Mayor Pillot left the Commission table at 10:20 p.m. Mr. White stated that there will be a large tree canopy in the park. Commissioner Patterson asked regarding seating facing the water at the water's edge; that the fishing decks should also provide seating; that not providing seating in these areas would be missing an opportunity. Vice-Mayor Pillot returned to the Commission table at 10:25 p.m. Mr. White stated that a concerted effort is being made to tie in the color scheme to coordinate with the Van Wezel in the signage, banners, and decorative pavers along portions of the walkwayi that there is an angular shaped design for the signage; that the benches are very durable and have bold features; that the lighting is very similar to the present lightingi and there is shell aggregate similar to that used at the Bayfront to tie the two parks together. Commissioner Merrill requested that the aggregate not be used on the main pedestrian trail and that it be used only for accent points away from the main trail so the trail may have the highest number of uses. There was a consensus of the Board in suggesting that the simplest and least amount of signage was best. Commissioner Patterson suggested that the bicycle racks should be bid and planned but could be one of the first items eliminated if there is a shortfall of funds. Mr. White further stated that the present lights in the parking lot will be utilized with some rearrangement of some of the light poles; that the relocation of the utility lines and transformer will possibly become a major budget item; and that, however, a minimum of new light fixtures will be added. Book 34 Page 8797 11/02/92 6:00 P.M. Book 34 Page 8798 11/02/92 6:00 P.M. Mr. Daughters defined the present and proposed locations of the Spanish tower replica and stated that this relocation would be approximately 30 to 40 feet due east. There was a consensus of the Commission for this relocation. Mr. Whit Rylee, Chairman of the Historic Preservation Board, came to the Commission table and stated that the Historic Preservation Board would prefer that the tower replica remain where it is; that, however, if something was designed in keeping with the Van Wezel that the tower replica may be incorporated in the area by the water out on the point. On motion of Vice-Mayor Pillot and second of Commissioner Patterson, it was moved to approve the Administration's recommendation to approve the 60% construction plans and authorize the consultant to proceed with the final construction plans and bidding phase of the project. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 21. UNFINISHED BUSINESS - APPROVAL RE: RELOCATION OF OVERHEAD POLES AND WIRES BY FLORIDA POWER AND LIGHT IN THE ALLEY OF THE 1500 BLOCK OF MAIN STREET - $43,918 FUNDING APPROVED (AGENDA ITEM VII-2) #4 (0610) through (1415) Grants Administrator Gestner and Mr. Andy Fopee, Account Representative of Florida Power and Light Company (FP&L) came to the Commission table. Ms. Gestner stated that this is a QIP team project that has been under way for about a year and a half; that this is a multi- departmental project involving the improvement of store backs, utility relocation and existing construction projects in the 1500 block of Main Street. Ms. Gestner stated that store back conditions were deteriorating; that part of this project is dealing with the utility poles in the alleyway and the wires crossing the alleyway; that certain poles will be moved in conjunction with the First Street parking lot improvement project; that any street lighting in that area will be replaced on other poles to be installed; that the intent of the project was, in addition to the creation of the parking lot, to beautify the store backs; that murals have been chosen as that vehicle of beautification; that utility lines need to be moved in order to allow more visibility of the murals; that the focus is to create a safer environment in the rear and better quality electrical access; and that the goal of FP&L throughout the City is to place all utilities underground. Ms. Gestner continued that the murals have been approved by the Public Art Committee; that the project was placed into the capital improvements program which was approved in September; that there was $70,000 earmarked for utility relocation that was out of the Local Options Sales Tax money; that the actual contract with FP&L is for $43,918 for utility relocation; that there is other work to be done as far as the parking lot, trenching work, etc; and that some of the work has been delayed by FP&L's participation in assistance of the Hurricane Andrew aftermath which resulted in a shortage of local personnel on hand. Mr. Fopee of FP&L stated that some of the customers' facilities are not in a desirable condition; that this will be upgraded; that FP&L can only replace facilities in a like condition; that, for the $43,000, everything that is overhead will be buried; that that will eliminate a number of poles and overhead services. Vice-Mayor Pillot stated that he feels that if this is a pilot project for FP&L, that it should be at FP&L's expense. Ms. Gestner stated that this was initiated by the City as part of the store back program; that there were many meetings regarding the need to upgrade; that in order to facilitate the type of improvements and allow the merchants to upgrade, this was a positive way for expansion; that there was already a necessity for relocation of the poles for the parking lot project. City Manager Sollenberger stated that he strongly recommends the Commission's favorable action on this project; that the reason to do this project is for urban design considerations; that underground utilities enhance the appearance of the area; that to have underground utilities placed the entire length of an alley for $61,000 is an incredible bargain; and that this will help strengthen the value of these properties and make them more attractive for a higher type of use. City Auditor and Clerk Robinson stated that there was a motion made at the October 22, 1992, Commission meeting to deny this request which was subsequently tabled. On motion of Vice-Mayor Pillot (Mayor Gurney passes the gavel to Vice-Mayor Pillot) and second of Mayor Gurney, it was moved that the motion to deny be removed from the table. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Vice-Mayor Pillot passed the gavel back to Mayor Gurney. Mayor Gurney calls for the vote on the motion to deny. Motion failed (5 to 0): Atkins, no; Merrill, no; Patterson, no; Pillot, no; Gurney, no. Book 34 Page 8799 11/02/92 6:00 P.M. Book 34 Page 8800 11/02/92 6:00 P.M. On motion of Vice-Mayor Pillot and (Mayor Gurney passed the gavel to Vice-Mayor Pillot) second of Mayor Gurney, it was moved to approve the recommendation of the City Manager with respect to this project (approve funding for the FP&L contract in the amount of $43,918.00). Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 22. UNFINISHED BUSINESS - REPORT RE: HISPANIC AMERICAN ALLIANCE FUNDING REQUEST - $5,000 FUNDING APPROVED (AGENDA ITEM VII-3) #4 (1415) through (1430) On motion of Commissioner Merrill and second of Vice-Mayor Pillot, it was moved to authorize the Director of Community Development to begin the process of amending the Community Development Block Grant to provide $5,000 in funding for the Hispanic American Alliance. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 23. APPROVAL RE: PAINT SELECTION - SOUTH ELEVATED WATER TANK = REFERRED TO PUBLIC ART COMMITTEE FOR THREE RECOMMENDATIONS TO BE BROUGHT BACK TO THE COMMISSION (AGENDA ITEM VII-4) #4 (1430) through (1617) Mr. William Hallisey, Public Works/Utilities Facilities Operations Manager, came to the Commission table and stated that the proposed elevated storage tank located at Southgate Shopping Center is a single pedestal, golf ball on a tee, type of tank; that there will be landscaping around the base of the tank as well as a decorative wall for security and as a blind; and that there will also be landscaping in some of the right-of-ways around the area. Mr. Hallisey also stated that the Commission has expressed a desire to be involved in the painting process and asked what type of process the Commission would like to have put in place as well as what level of participation in that process the Commission like to have. Commissioner Merrill stated that he would like something distinctive on the tank such as the City logo at the very least. Commissioner Patterson stated that she really would prefer something more attractive than the City logo and that she has seen a water tank that was done rather attractively. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to refer this matter to the Public Art Board. Vice-Mayor Pillot stated that he would ask the Public Art Board to consult with and consider the views of the shopping center personnel as well so that it is compatible with them. Mayor Gurney suggested that the Public Art Board be asked to return to the Commission with three alternatives with the idea that if none of those are desirable that something else can be done. There was a consensus of the Board to do SO. Commissioner Patterson asked if the idea of planting trees along School Avenue is still a part of the plans to help mitigate the looks of the parking lot to area residents. Mr. Hallisey stated that that was planned and it will be part of the design. Vice-Mayor Pillot stated that it would also be polite to also invite a representative for the area residents to offer their view as well. Motion carried (5 to 0): Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. 22. BOARD APPOINTMENTS - STORMWATER ENVIRONMENTAL UTILITY ADVISORY BOARD - - IZETTA FIELDS AND STEVEN GOODWIN APPOINTED (AGENDA ITEM IX-1) #4 (1617) through (1740) City Auditor and Clerk Robinson stated that Izetta Fields, James Russell and Steven Goodwin were the applicants for the two appointments. Commissioner Atkins nominated Izetta Fields. Commissioner Merrill nominated James Russell. Commissioner Patterson nominated Steven Goodwin. Mayor Gurney called for those in favor of the nomination of Izetta Fields: Atkins, yes; Patterson, yes; Pillot, yes; Gurney, yes. Mayor Gurney called for those in favor of the nomination of James Russell: Merrill, yes. Mayor Gurney called for those in favor of the nomination of Steven Goodwin: Atkins, yes; Merrill, yes; Patterson, yes; Pillot, yes; Gurney, yes. Mayor Gurney announced that Izetta Fields and Steven Goodwin are the new appointees to the Stormwater Environmental Utility Advisory Board. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA TELEVISION TECHNICIAN TO ZOOM IN ON SPEAKERS CHANGES TO BE CONSIDERED FOR CARPETING ON THE BACK WALL AT THE Book 34 Page 8801 11/02/92 6:00 P.M. Book 34 Page 8802 11/02/92 6:00 P.M. COMMISSION TABLE CITY MANAGER TO REPORT ON THE CAPABILITY OF A VOICE MAIL SYSTEM FOR THE COMMISSIONERS BUS STOP AT SIESTA DRIVE AND OSPREY AVENUE TO BE REVIEWED FOR POSSIBLE SURFACING OF UNEVEN GROUND - MALFUNCTIONING LIGHT AT FIVE POINTS PARK TO BE CHECKED BY ADMINISTRATION CITY ATTORNEY STILL INVESTIGATING PUBLIC HOUSING AUTHORITY BOARD ABSENTEEISM (AGENDA ITEM X) #4 (1740) through (end) Commissioner Atkins: A. stated that he does not understand why the television technician was told not to zoom in on speakers during the meeting. City Auditor and Clerk Robinson stated that there were complaints from the audience that zooming in was too confusing and suggestions were made to just show the five commissioners as a body. Commissioner Atkins stated that he felt that the television technician should be given more latitude; and that he still has a problem with the design in the Commission table area. Mr. Robinson also stated that when a Commissioner is speaking for any length of time the camera can be zoomed in. Commissioner Patterson: A. asked why the carpeting on the back wall has not been changed. Mr. Robinson stated that it was done on a trial basis; that some of the other colors did not work well; and that he would try the gray color that is in his office and seek the Commissioners' opinions on other options. Commissioner Merrill: A. stated that a voice mail system allows full messages to be left without having to rely on the translations of small notes; and that he believes the Commissioners would prefer receiving voice mail. Mr. Sollenberger stated that administration would make a report on this. Commissioner Patterson: de A. stated that there is a bus stop on the southeast corner of Siesta Drive and Osprey Avenue; that there is a sidewalk that comes along Siesta Drive which stops and there is considerable overgrowth for approximately ten feet and then the bench; that elderly people ride the bus system from that bench; that she has noticed some elderly people struggling to get to the bench on the uneven ground there; and that her suggestion would be to place an inexpensive concrete or asphalt area between the sidewalk and the bench. Mr. Sollenberger stated that he would report back to the Commission on this matter. B. stated that there is a malfunctioning light at Five Points Park right across from the bank that needs to be serviced. Mr. Sollenberger stated that this would be checked into. C. stated that she still does not like the recently remodeled City Hall parking lot; that it needs more trees or shrubs. Mr. Soll lenberger stated that there is a plan for landscaping and the project is not finished. D. stated that there has been a task force to locate the circus in the City; that she has heard that the two sites presently chosen are the fairgrounds and the industrial area around Central Avenue and Tenth Street; that before the task force moves forward with a financial proposal, it seems it would be appropriate for them to speak to the City staff regarding the city accommodating the circus at those locations. Mayor Gurney, a member of the task force, stated that as soon as there is a focus on a primary site and a back up site, that all of : those matters will be brought to the Commission table for consideration. Mayor Gurney: A. stated that there was an issue that came before the Commission two or three months ago that has been left unattended regarding the Public Housing Authority; that there was to be some research about what the Mayor can or cannot do with respect to their Board members; that there needs to be some guidance from this table and from the attorney as to what his options are as the Mayor. City Attorney Taylor stated that nothing has been brought to the Mayor up this point because some fact finding was still needed; that there had to be an investigation regarding what took place and whether the absences were excused or unexcused; and that he had been told that there were members who had had several excused absences. Attorney Taylor continued that he felt part of the problem was in whatever rules that the Housing Authority operated Book 34 Page 8803 11/02/92 6:00 P.M. Book 34 Page. 8804 11/02/92 6:00 P.M. with; that he has yet to meet with the Chairman of that Board who under their written rules has the responsibility for excusing absences; that, based upon his conference with him he expects to submit to the Mayor a written report as far as what he believes the facts are; that there is no secret to the process; that it is statutory that this is the Mayor's appointment, with the concurrence of the Commission; that that same process also follows as far as removals are concerned; and that he sees it that the City Attorney and/or City Administration should take the report to the Mayor and it is the Mayor that decides how to present it back to the City Commission. Commissioner Atkins stated that he sent both of those persons a request for a letter of resignation so that the Commission would not have to go through this process; that there is some verbiage in the Resolution that says that one can be removed for derelict dutyi and that he will support removals if the matter comes before him. Mayor Gurney stated that he will get the report from the City Attorney with a copy to all the Commissioners so that everyone will know what he is operating off of; that he wanted to test the waters to see where everybody was with the passage of time; that he feels reticent and uncomfortable for a Mayor to unilaterally, without any forewarning, to remove someone off of one of the Boards; that a review of past history and perhaps a one time warning may be the proper way to proceed; and that he has not come to a final decision. Commissioner Atkins asked why Commissioner Gurney would bother with the report if he is not going to do anything. Commissioner Patterson stated that she shared Mayor Gurney's reticence in the matter; that no one was asked if there were extenuating circumstances; that she would like to send a message that that type of attendance is not satisfactory; and that it does seem rather arbitrary if there really has not been any history of the City telling the people what is expected in terms of meeting attendance, to come in and suddenly say that it is not acceptable; that she does see Commissioner Atkins' point of view; and that she does share some discomfort with this matter. 24. OTHER MATTERS/ADMINISTRATIVE OFFICERS - NO ACTION (AGENDA ITEM XI) There were no other matters by administrative officers. 25. ADJOURN (AGENDA ITEM XII) The Regular Sarasota City Commission Meeting of November 2, 1992 was adjourned at 11:45 p.m. Berney - - Jagk Gurney, Mayor ATTEST: Bll 1E Relunson Billy EcRobinson, City Auditor and Clerk Book 34 Page 8805 11/02/92 6:00 P.M.