MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 17, 1998, AT 6:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: : None PRESIDING: Mayor Gene Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: OFFICIAL SARASOTA SISTER CITIES ASSOCIATION (SSCA) LOGO CREATED BY DOLLY SMITH, A STUDENT AT THE RINGLING SCHOOL OF ART AND DESIGN - RECEIVED #1 (0034) through (0211) Hope Byrnes, President, Sarasota Sister Cities Association, Alice Hammond, Board Member of the Sarasota Sister Cities Association, and Dolly Smith, Student, Ringling School of Art and Design, came before the Commission. Mrs. Byrnes stated that the logo for the Sarasota Sister Cities Association was designed by Miss Smith; that Staff at the Ringling School of Art and Design and Mrs. Hammond have been very helpful; that the logo will be used on the Sarasota Sister Cities Association stationery, handout literature, and the new web site; that the logo will be displayed at the delegation trip to Tel-Mond, Israel, and the July 1998 Sister Cities' International meeting. Mrs. Hammond stated that Miss Smith has been a great help to the Ringling School of Art and Design; that the logo represents the international student body and the Sister Cities International Association very well; that the Sister Cities Association hopes Miss Smith will attend the delegation trip as a representative. Miss Smith stated that working with Mrs. Byrnes and Miss Hammond was a great pleasure; that the Sarasota Sister Cities Association has many benefits to offer; that designing and presenting the logo to the Commission is a great honor. Mayor Pillot stated that accepting the new design as the permanent logo is an honor for the City and for the Sarasota Sister Cities Association. BOOK 43 Page 16200 02/17/98 6:00 P.M. BOOK 43 Page 16201 02/17/98 6:00 P.M. Miss Smith stated that as a junior at the Ringling School of Art and Design, her field of study is Graphic and Interactive Communications, also known as Graphic Design; that she also serves as a Resident Assistant at the school's new apartment complex. Mrs. Byrnes stated that the Commission's support for the Sarasota Sister Cities Association is appreciated. Mayor Pillot stated that the logo is a great contribution to the Sister Cities Association; that copies of the design will be sent for display to Sarasota's other sister cities. 2. PRESENTATION RE: RECOGNITION OF CITY OF SARASOTA UNITED WAY DEPARTMENTAL TEAM LEADERS FOR THE 1997/1998 CAMPAIGN ACHIEVEMENT - PRESENTATION MADE #1 (0214) through (0586) William Davenport, Director of Human Resources, and Karen Rushing, Sarasota County Clerk of the Circuit Court and Chairman of the 1997 United Way Campaign of Sarasota County, came before the Commission. Mr. Davenport stated that the 1997 campaign has produced the greatest results ever; that the people being recognized are the department team leaders; and presented each Commissioner an honorary plaque as a token of appreciation for the support the Commission gives the United Way. Mr. Davenport recognized Alex Young, Executive Director of United Way represented by Diane Prairie, United Way Campaign Associate, and Michelle Driver, Loan Executive, who were present in the audience. Ms. Rushing stated that under the leadership of City Manager Sollenberger and William Davenport, the Campaign was a success, raising $35,662; that the percent of employee contributions and payroll deduction participation increased; and presented a plaque to City Manager Sollenberger on behalf of the United Way in recognition and appreciation of the City's support. City Manager Sollenberger stated that the support of the Commission, Department Team Leaders and Coordinators, the City Auditor and Clerk, and the employees who contributed is appreciated; that the City of Sarasota serves the community with excellence and pride. The following Department Team Leaders were present to accept recognition plaques, special medals and United Way Awards recognizing departmental participation: Joyce Bryant, Planning Department Donald Hadsell, Director of Community Development accepting for Lori Bryant, Housing and Community Development Jackie Day, Information Systems and Technology Janice Docking, Human Resources Department Patricia Frazier, Bobby Jones Golf Course/Ed Smith Stadium Nancy Carolan, Director of General Services accepting for Kim Lambert, General Services/Central Stores/Mobile Home Park/Municipal Auditorium Karen Lusk, Engineering Karen McGowan, Office of the City Auditor Suzy Milburn, Finance William Mitchell, Van Wezel Performing Arts Hall Mary Pallante, Building/Poming/Code Enforcement Sandy Saraniero, City Manager's Office Frances Scarbrough and Alex Hernandez, Public Works/ Utilities Division Kurt Gustufson accepting for Susan Walker, Sarasota Bay National Estuary Program Chief John Lewis accepting for Terry Winkel, Police Department Ms. Rushing thanked Mr. Davenport and all who contributed for their support and for a successful campaign. City Manager Sollenberger thanked William Davenport and Ms. Rushing for their leadership in the United Way; and stated that the City plaque will be placed in the City's display case. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0624) through (0712) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Scheduled Presentations, Item V-1, Presentation Re: Proposal for replica of American Dough Boy sculpture to be placed atop the Veterans War Memorial in Reverend J. D. Hamel Park B. Remove under Unfinished Business, Item No. VII-1, Approval Re: Designated Anchorage Concept Plan and authorize the Administration to proceed to resolve the outstanding issues that are necessary to develop the management agreement between the City of Sarasota and O'Learys Coastal Rentals C. Add under Unfinished Business, Item No. VII-5, Discussion Re: MPO Member Agencies meeting dates BOOK 43 Page 16202 02/17/98 6:00 P.M. BOOK 43 Page 16203 02/17/98 6:00 P.M. D. Add under Unfinished Business, Item No. VII-6, Approval Re: naming opportunities to benefit Van Wezel Performing Arts Hall renovation funding E. Remove under Scheduled Presentation, Presentation Re; Child Care Center, R.F.P. #98-22, to be located at 1742 Dr. Martin Luther King, Jr. Way, and place under Unfinished Business, Item No. VII-7 F. Remove under Unfinished Business, Item No. VII-4, Approval Re: Phase II of the South Sarasota Traffic Calming Plan and authorize the Engineering Department to install two speed tables using asphalt and brick stamping and painting on Wisteria Street, Boyce Street, Bougainvillea Street, and Oleander Street, between Osprey Avenue and U.S. Highway 41 G. Add under New Business, Item No. VIII-1, Adoption Re: Proposed Resolution No. 98R-1048, initiating membership in the Florida Sustainable Communities Network; etc. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 4. APPROVAL OF THE MINUTES RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 8, 1998, CONCERNING FINANCIAL SUSTAINABILITY, SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 8, 1998, CONCERNING THE SECOND PUBLIC HEARING ON THE NOISE ORDINANCE, AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 2, 1998 - APPROVED (AGENDA ITEM I) #1 (0711) through (0723) Mayor Pillot asked if the Commission had any changes to the minutes. Mayor Pillot stated that hearing no changes, the minutes of the special City Commission meeting of January 8, 1998, concerning financial sustainability, the special meeting of January 8, 1998, concerning the second public reading on the noise ordinance, and the regular meeting of February 2, 1998, are approved by unanimous consent. 5. BOARD ACTIONS: REPORT RE: ADVANCED PLANNING BOARD'S REGULAR MEETING OF FEBRUARY 4, 1998, REGARDING SPECIAL EXCEPTION 98-SE-02, A REQUEST FOR A SPECIAL EXCEPTION TO PERMIT ADDITIONAL EDUCATIONAL BOAT TOURS AS AN EXTENSION OF MOTE MARINE AQUARIUM EDUCATIONAL PROGRAM - ACCEPTED BOARD REPORT AND AFFIRMED PBLP RESOLUTION TO APPROVE SPECIAL EXCEPTION PETITION 98-SE-02 (AGENDA ITEM II) #1 (0726) through (0942) Jane Robinson, Director of Planning and Development, and Lou Ann Palmer, Vice Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Ms. . Palmer presented the following item from the February 4, 1998, PBLP meeting: A. Special Exception Petition No. 98-SE-02 - Mote Marine Aquarium Educational Boat Tours Ms. Palmer stated that on February 4, 1998, the PBLP adopted a resolution recommending Commission approval of proposed Special Exception Petition 98-SE-02, subject to the following conditions: 1. One 48-passenger boat and one 6-passenger boat may be operated from the dock in addition to the one 48-passenger boat approved by Special Exception No. 97-SE-01; and 2. Violation of the terms of the Special Exception shall result in revocation. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. On motion of Vice Mayor Dupree and second of Commissioner Merrill, it was moved to accept the advance report of the PBLP meeting of February 4, 1998, and. affirm the PBLP resolution to approve Special Exception Petition 98-SE-02, with the conditions as stated. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Ms. Palmer stated that the PBLP and Staff have been working extremely hard on the updates of the Comprehensive Plan and Land Development Regulations (LDRs) i that several extra meetings have been scheduled to expedite completion of the documents; that extraordinarily constructive input has been provided by members of the development community and neighborhood associations and property owners. Ms. Palmer continued that some of the PBLP meetings begin as early as 5 p.m. due to the intensive work load; that Staff works all day and into the evening and many PBLP Board members come directly from work; that the Commission is requested to authorize the Administration to provide sandwiches. City Manager Sollenberger stated that sandwiches will be provided. BOOK 43 Page 16204 02/17/98 6:00 P.M. BOOK 43 Page 16205 02/17/98 6:00 P.M. Mayor Pillot stated that PBLP Board members contribute dozens of hours of work with no pay of any kind; that providing sandwiches is the least the City can do. Commissioner Cardamone stated that the minutes of City Commission meetings require over two hours of preparation for every hour of meeting time; that the recording secretary for the PBLP is doing an extremely good job; that the Commission is aware of the difficulty of keeping the minutes of PBLP meetings up to date. 6. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11 - APPROVED (AGENDA ITEM III-A) #1 (0943) through (1047) Vice Mayor Dupree requested that Item No. 2 be removed for discussion. 1. Approval Re: Tentative terms of the Comcast Cable Franchise Renewal Agreement 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the agreement between the City of Sarasota and Sarasota Sports Committee (SSC), for parking operations 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Minor League Baseball Facility Lease between the City of Sarasota and Red Sox of Florida, Inc. to allow the Sarasota Red Sox to utilize the Sports Complex/Ed Smith Stadium 5. Approval Re: Award of purchase order contract to Southeast Drilling Services, Inc., Tampa, Florida, (Bid #98-29), in the amount of $24,100, for the renovation of Verna Wellfield wells 3, 4, 8, 13, 17, 24 and 33 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Mote Marine Laboratory in the amount of $17,395, to provide the necessary skilled personnel to monitor the atmospheric deposition data collection site at South Lido Park on a daily basis as required by the National Atmospheric Deposition Program (NADP) protocol, and to coordinate shipment of the samples to the analytical facilities 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Mote Marine Laboratory, in the amount of $20,000, for Pollutant Survey (Toxics) of Priority Watersheds in Sarasota Bay 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Post, Buckley, Schuh & Jernigan, Inc., in the amount of $20,000, to provide data management services to the Sarasota Bay National Estuary Program (SBNEP) for the atmospheric deposition project 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and QST Environmental (ESE), in the amount of $16,640, to provide analysis of the dry deposition samples which are collected during the one year of the monitoring program 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Agreement for the Traffic Signal and Road Improvements between the City of Sarasota and Freedom Group of Sarasota, Inc., pertaining to the Sarasota Bay Club 11. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Quit Claim Deed pertaining to the Sarasota Bay Club On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Loan Agreement between the City of Sarasota and the Community Redevelopment Agency (CRA) to partially fund the purchase of 1.49+ acre parcel of land on the east side of North Palm Avenue between Cocoanut Avenue and Main Street for parking, in the amount of $910,000 from the General Fund Vice Mayor Dupree requested clarification of the funding to purchase the Palm Avenue property? Gibson Mitchell, Director of Finance, came before the Commission and stated that at the January 20, 1998, regular Commission meeting, the Commission authorized appropriation of $1,036,000 to negotiate purchase of the property located on North Palm Avenue between Main Street and Cocoanut Avenue; that $910,000 in funds will be provided by the General Fund; that $126,000 will be provided by the Local Option Sales Tax (L.O.S.T.); that approval of the Consent Agenda Item will finalize the transaction begun at the earlier CRA meeting held at 4 p.m. this afternoon when the BOOK 43 Page 16206 02/17/98 6:00 P.M. BOOK 43 Page 16207 02/17/98 6:00 P.M. Commission sitting as the CRA approved the loan from the City to the CRA; that the Commission must now approve the loan of $910,000 as appropriated at the January 20, 1998, regular Commission meeting. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve Consent Agenda No. 1, Item No. 2. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 7. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 98R-1043) - ADOPTED; ITEM 2 (RESOLUTION NO. 98R-1045) = ADOPTED; ITEM 3 (RESOLUTION NO. 98R-1046) ADOPTED; ITEM 4 (ORDINANCE NO. 98-4038) - ADOPTED; ITEM 5 (ORDINANCE NO. 98-4039) - ADOPTED (AGENDA ITEM III-B) #1 (1048) through (1174) City Auditor and Clerk Robinson read proposed Resolution Nos. 98R-1045 and 98R-1046 in their entirety and proposed Resolution No. 98R-1043 and Ordinance Nos. 98-4038 and 98-4039 by title only. Commissioner Cardamone left the Commission Chambers at 6:34 p.m. 1. Adoption Re: Proposed Resolution No. 98R-1043, accepting reports of abatement of nuisances, and cost incurred, pertaining to the repair, securing, or demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against the real property upon which such costs were incurred; providing for the recording of said assessments in the City's - Assessment Book for Local Improvements" and in the official records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens; etc. (Title Only) 2. Adoption Re: Proposed Resolution No. 98R-1045, appropriating $20,000 from the Special Law Enforcement Trust Fund Forfeitures) to fund the attendance of officers at training program offered at educational and law enforcement training institutes; etc. 3. Adoption Re: Proposed Resolution No. 98R-1046, appropriating $33,200.89 from the Special Law Enforcement Trust Fund Forfeitures) to fund the purchase of one additional canine animal to include associated canine and handler equipment, training, and a vehicle specifically equipped for canine use; etc. 4. Adoption Re: Second reading of proposed Ordinance No. 98-4038, to conditionally rezone from the Waterfront Resort-Bayfront (WFR-B) Zone District and the North Trail (NT) Zone District to the Residential Multi- Family-5 (RMF-5) Zone District and to approve Site and Development Plan 97-PSD-27 to permit the construction of multiple-family structures and an assisted living facility in a Residential Multi-Family (RMF-5) Zone District on the following describe property: said property located on the west side of North Tamiami Trail (across from 13th Street) with a street address of 1201, 1301 and 1325 North Tamiami Trail, Sarasota, Florida; more particularly described herein; etc. (Title Only) (Petition Nos. 97-CO-15, 97-PSD-27 & 97-SE-15, Petitioner, Mr. Donald M. Lawson, AIA, representing the Freedom Group, Inc.) 5. Adoption Re: Second reading of proposed Ordinance No. 98-4039, amending regulations pertaining to parking for certain disabled persons sO as to be consistent with the Florida Statues relating thereto; creating a procedure for dismissal of a disabled person's parking citation under certain circumstance; providing for an administrative fee for such dismissal; repealing ordinances in conflict; providing for the severability of parts hereof; etc. (Title Only) Commissioner Cardamone returned at 6:37 p.m. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 2, Item Nos. 1 through 5, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested City Auditor and Clerk Robinson.to explain the public hearing process. City Auditor and Clerk 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 were sworn in by City Auditor and Clerk Robinson. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4045, PROVIDING FOR THE DESIGNATION OF THE HOUSE AND GARAGE LOCATED AT 1736 HAWTHORNE STREET HISTORICALLY KNOWN AS THE SALLIE C. AND CARLTON 0. TEATE, JR. HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY BOOK 43 Page 16208 02/17/98 6:00 P.M. BOOK 43 Page 16209 02/17/98 6:00 P.M. DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 98-HD-01, PETITIONERS ROBERT GENTRY AND TERRY PALMATIER, AS AGENTS FOR LAURIE ROSIN MARCUS AND JOHN JOSEPH MARCUS AS OWNERS) - PASSED ON FIRST READING; REFERRED TO THE ADMINISTRATION THE RECOMMENDATION THAT THE CITY PROVIDE A TAX EXEMPTION ON THE CITY PORTION OF THE PROPERTY TAX FOR THE ASSESSED VALUE OF IMPROVEMENTS TO HISTORICALLY DESIGNATED PROPERTIES; REQUESTED REPORT REGARDING COUNTY TAX EXEMPTION ORDINANCE (AGENDA ITEM IV-1) #1 (1204) through (1929) Jane Robinson, Director of Planning and Development, Lorrie Muldowney, Sarasota County Historical Resources Specialist, and Laurie Marcus, owner of the Sallie C. and Carlton O. Teate, Jr. House located at 1736 Hawthorne Street, came before the Commission. Ms. Robinson displayed on the slide projector photographs of the property located at 1736 Hawthorne Street and stated that this is a request to designate the structures, house and garage, as historically significant; that the Historic Preservation Board recommended approval of Petition No. 98-HD-01, based on the criteria contained in Ordinance No. 86-3019, Section 16-14 (1) (d), as noted in the Sarasota County's Staff memorandum dated December 29, 1997; that the Administration does not make recommendations on quasi-judicial matters. Ms. Marcus stated that the house at 1735 Hawthorne Street, built in 1924 and occupied by one married couple for 60 years, is a classic representation of the Mediterranean Revival style; that the house is a one-story, rectangular, wood-frame bungalow with a rough stucco exterior; that the roof is flat with a parapet and five peaked pediments; that the front porch and semi-circular arches are built into the square tower entrance and two decorative vents are distinctive, visible characteristics representative of the Mediterranean Revival style. Ms. Marcus continued that the original owner, Carlton 0. Teate, Jr., extensively remodeled the house in 1966; that the owner in 1986, an architect and teacher at the Ringling School of Art and Design, also remodeled a back porch into a bathroom and renovated the kitchen; that Sallie C. Teate, who lived in the house for 60 years, was one of the co-founders of the McClellan Park School, the oldest private school in the City; that Ms. Teate was a charter member of the Daughters of the American Revolution (DAR) and the Daughters of the Confederacy; that her great-uncle who sponsored her membership in the Daughters of the Confederacy was a Confederate officer whose name was John Marcus Conyers; that coincidentally, her, Ms. Marcus's, husband's name is also John Marcus. Ms. Muldowney stated that the Staff of Sarasota County Department of Historical Resources has recommended historic designation of the structure based on its association with the life of significant persons, Sallie C. and Carlton 0. Teate, Jr., and the history of the City of Sarasota and as an excellent representation of the Mediterranean Revival style of architecture. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4045 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to pass proposed Ordinance No. 98-4045 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. Commissioner Patterson stated that the Sarasota Board of County Commissioners has passed an ordinance granting a ten-year property tax exemption on the assessed value of improvements to a home designated as historical. Commissioner Cardamone asked if the tax exemption is limited to exterior improvements? Ms. Muldowney stated that a small exemption is allowed for interior improvements. Commissioner Patterson stated that information regarding the County ordinance should be provided to City property owners as soon as their property is historically designated; that application for the tax exemption should be facilitated; and asked if City properties are required to be designated as historical by the County Commission? Ms. Muldowney stated yes. Commissioner Patterson asked if a referral process could be developed? Ms. Muldowney stated yes; that the County and the City use the same nationally recognized standards for historical designation; that the County ordinance addresses the fact that historically designated City properties would be eligible for the tax exemption; that a process to inform City property owners of the availability of the tax exemption could be facilitated. BOOK 43 Page 16210 02/17/98 6:00 P.M. BOOK 43 Page 16211 02/17/98 6:00 P.M. Commissioner Merrill stated that a similar tax exemption should be provided by the City for the City portion of the property tax; that the amount of funds is minimal as the exemption would be limited to the assessed value of improvements and provides a symbolic rather than financial benefit. Commissioner Patterson stated that the recommendation that the City provide a property tax exemption on the assessed value of improvements should be discussed in detail; that improvements to many historically designated waterfront homes constitute 80 percent of the square footage of the property; that small, 1,100-square-foot, two-bedroom, one bath historic properties have been renovated into 4,000-square-foot homes which, in many cases, negatively impact the surrounding properties; that she would not support a tax exemption on the assessed value of improvements to historically designated properties remodeled out of scale with neighboring properties; that guidelines should be established to address exemptions relating to major reconfigurations of historically designated properties. Ms. Muldowney stated that the County ordinance is based on legislation passed by a State referendum in 1993; that changes to buildings must be made in accordance with Secretary of Interior standards. Commissioner Patterson stated that an attorney informed the Commission that improvements to the John Ringling Towers property were complete and done in accordance with Secretary of Interior standards and that the structure is now considered renovated; that the standards do not appear strict. Ms. Muldowney stated that the John Ringling Towers property will not be addressed as she was not present at that meeting; that the County has reviewed examples of City properties and prepared an analysis available to the City and the Historic Preservation Board. Commissioner Merrill asked if a consensus exists to refer the matter to the Administration? Mayor Pillot and Vice Mayor Dupree stated yes. Commissioner Cardamone stated that a report should be returned regarding the specifics of the County's tax exemption ordinance and how the ordinance addresses major improvements to modest waterfront properties designated as historical; that providing tax exemptions to property owners in redevelopment areas is of interest. Mayor Pillot stated there is a consensus of the Commission to refer to the Administration the proposal that the City provide property tax exemptions on the assessed value of improvements to historically designated properties. Commissioner Patterson stated that she is not part of the consensus. Mayor Pillot stated that Commissioner Patterson is correct in opposing tax exemptions for oversized waterfront properties; however, providing exemptions to property owners whose homes have been increased from 1,100 to 4,000 square foot is not the issue being addressed in the consensus which addresses modest improvements to historically designated properties; that a 2,900-square-foot expansion is not a modest improvement; that he would not support tax exemptions for out-of-scale waterfront properties. Commissioner Patterson stated that properties on the Keys usually are expanded to an extreme degree due to the exorbitantly high prices paid for waterfront properties; that the renovations do not preserve the ambiance of the original historic structure. Vice Mayor Dupree asked if the Historic Preservation Board allows expansion of 80 percent over the original historic structure? Ms. Muldowney stated that square footage is not reviewed as a criteria; that changes to the principle facade of a building are reviewed by the Historic Preservation Board; that preservation of the original window openings as well as height, bulk and setbacks are reviewed as criteria. Commissioner Patterson stated that one property on South Washington Drive has been renovated in such a way that one side, facing a neighbor, has no windows; that the Historic Preservation Board should review some of the extremely large additions to historically designated homes. Ms. Muldowney stated that State legislation requires properties seeking historical designation to come before the local governing property for final approval. Commissioner Merrill stated that the majority of people who would benefit from a City property tax exemption on the assessed value of improvements are not owners of expensive homes; that many neighborhoods in District 3 are old enough to qualify for historical designation; that he has always been skeptical of property owners who seek historical designation for properties being converted to commercial uses as no surety exists as to whether an historical designation or a rezoning is being sought. Commissioner Merrill continued that he would tolerate the possibility of one or two properties per year using a City BOOK 43 Page 16212 02/17/98 6:00 P.M. BOOK 43 Page 16213 02/17/98 6:00 P.M. ordinance as a loophole to expand a house in order to grant a tax exemption to the City's modest property owners; that a savings of perhaps $100 in taxes per year would be provided on the assessed value of improvements to an historically, designated home; that property owners in Laurel Park have indicated a tax exemption would provide a reward and sense of pride to homeowners who have improved an historically designated property. Commissioner Cardamone stated that she supports Commissioner Merrill's position that a tax exemption should be provided as an incentive for homeowners in older neighborhoods; however, the property owners who will take immediate advantage of the measure are most likely people of means who have completed major renovations on properties on the Keys. 9. SCHEDULED PRESENTATION RE: PROPOSAL FOR REPLICA OF AMERICAN DOUGH BOY SCULPTURE TO BE PLACED ATOP THE VETERANS WAR MEMORIAL IN REVEREND J. D. HAMEL PARK - APPROVED REQUEST TO PROVIDE $5,000 TO PRODUCE A REPLICA OF THE AMERICAN DOUGH BOY SCULPTURE TO BE PLACED ATOP THE VETERANS WAR MEMORIAL IN REVEREND J.D. HAMEL PARK; REACHED CONSENSUS TO WRITE A LETTER FROM THE COMMISSION TO VETERANS' GROUPS TO WELCOME THEIR PARTICIPATION (AGENDA ITEM V-2) #1 (1929) through (3096) Jack Gurney, former Mayor and City Commissioner. Daniel Kunkel, Attorney, Law Firm of Kunkel, Miller and Hament, and Frank Colson, Colson School of Art, Inc. 1555 Hillview Street (34239), came before the Commission. Mr. Gurney distributed photographs of an example of a replica of the "Spirit of the American Dough Boy" and stated that during his tenure on the Commission, the then-existing Veterans War Memorial was in such poor condition that funds were raised and the memorial rehabilitated; that the City renovated the Reverend J.D. Hamel Park and relocated the memorial from the original Five Points location to Gulf Stream Avenue; that the statue was constructed around a flag pole which swayed back and forth; that the flag pole was eventually removed after substantial damage to the memorial had occurred. Mr. Gurney continued that the Veterans War Memorial was dedicated in 1928 on the 10th anniversary of what was then called Armistice Day, now called Veterans Day; that a statue of a World War I Dough Boy is a fitting image for the memorial; that over 50 long-distance telephone calls were made to artists, dealers in sculpture, sculptors, foundries, museums, the Department of Defense, and the American History Museum in Washington, D.C.; that a sculpture called "The Spirit of the American Doughboy" was recommended as a candidate for the Veterans War Memorial. Mr. Gurney further stated that the sculpture was originally created in 1920 by E.M. Viquesney, a French sculptor living in Spencer, Indiana, who copyrighted the work; that replicas made by a Chicago foundry have been installed in approximately 140 town squares nationwide; that the sculptures were originally made out of sheet copper; however, copper disintegrates after a certain period of time; that a founder in Cincinnati, Ohio, who recast one replica in the early 1980s, quoted a cost far in excess of that which has been quoted by Mr. Colson. Mr. Gurney stated further that a life-size replica will be created; that great enthusiasm has been expressed by members of the American Legion Bay Post #30 which actually owns the existing Veterans War Memorial located on City-owned land and maintained by the City; that the Veterans Memorial Fund has received over $2,000 in donations and an additional pledge of $1,000 from the Community Foundation of Sarasota; that the balance of the required funds will be raised quickly if the $5,000 matching grant is approved by the City; that the sculpture should be unveiled on Memorial Day, May 30, 1998; that Mr. Colson, the sculptor, believes the work can be finished by that date; that V. Peter Schneider, Deputy City Manager and Attorney Kunkel have provided great assistance to the Patriotic Observance Committee. Mr. Colson stated that two existing life-size replicas of the Spirit of the American Dough Boy have been found; that one is in Spencer, Indiana, and the other in Clearwater, Florida; that a flexible, rubber mold will be made from the replica in Clearwater after permission is obtained from whomever has jurisdiction over the piece; that an alloy called silicon bronze, used to construct ships' propellers, would be used; that silicon bronze has wonderful qualities for durability as the alloy bends rather than breaks; that the presence of silica or sand in the alloy makes silicon bronze resistant to exterior weathering conditions. Mr. Colson continued that the base will be reconfigured into an hexagonal platform which will overlap the existing platform by approximately five inches; that although the sculpture will be approximately 1/4 inch in thickness, the metal is extremely strong; that the entire piece would weigh approximately 400 to 500 pounds; that the sculpture would be secured to prevent the piece from swaying from side to side; that a large stainless-steel pole in the center of the base and through the center of the sculpture will stabilize the figure in a vertical position; that the work must begin almost immediately to ensure a quality product is produced by Memorial Day; that installation costs are above and beyond the $10,000 estimate quoted for the sculpture; that he is currently doing a life-size figure for the City of Toronto which is being charged approximately double the BOOK 43 Page 16214 02/17/98 6:00 P.M. BOOK 43 Page 16215 02/17/98 6:00 P.M. amount quoted for creating the Spirit of the American Dough Boy; that the work can be begun in two weeks. Mr. Colson further stated that a patina will be placed on the exterior; however, the patina can be expected to change due to the presence of salt in the air; that maintenance will be required to keep the patina in good condition. Mayor Pillot asked if any copyright problems are foreseen? Attorney Kunkel stated that all copyrights are believed to have expired; however, he is not a copyright attorney and cannot provide specific advice. Commissioner Patterson stated that only the sculptor and petitioners would be liable for copyright infractions. Mayor Pillot stated that the City could be a party to a copyright violation if funding and installation of the sculpture on City property is approved by the Commission. Mr. Colson stated that placing the thumb in a different position would make the sculpture a different work of art and immune from copyright laws. Mayor Pillot asked if copyrights expire after a certain number of years? Attorney Kunkel stated that an answer is not available. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to approve the request to provide $5,000 to produce a replica of the Spirit of the American Dough Boy sculpture to be placed atop the Veterans War Memorial in Reverend J.D. Hamel Park according to a schedule acceptable to the presenters. Commissioner Patterson stated that the existing Veterans War Memorial should be provided a statue as originally proposed; that she has been encouraging Mr. Gurney to present the proposal and hopes the Commission will support the request. Mayor Pillot asked if the scale of the piece is appropriate to the existing base? Mr. Colson stated yes. Commissioner Cardamone asked if the Veterans of Foreign Wars (VFW) posts have played any role in developing the proposal? Mr. Gurney stated that the subject has never been addressed with veterans groups except the leadership at the American Legion #30 Bay Post which is extremely enthusiastic. Commissioner Cardamone stated that each of the veterans groups should contribute to the cost of the sculpture; that a letter from the Commission should be written to request support from various veterans groups and broaden the fund-raising campaign. Mr. Gurney stated that the veterans have already given substantially; that some did not make it back from the war and others came back in pieces; however, contributions from veterans groups would be accepted. Commissioner Cardamone stated that the veterans groups should be given the opportunity to contribute; that the Veterans and Memorial Day parades draw a larger crowd every yeari that bands from local high schools perform in the parades. Mr. Gurney stated that the Spirit of the American Dough Boy sculpture will be unveiled on Memorial Day; that speeches will include the fact that contributions will be necessary to establish an endowment to maintain the sculpture; that the Community Foundation of Sarasota County would like an endowment established to ensure the availability of funds to maintain the sculpture; that the veterans groups will most likely contribute to the endowment. Mayor Pillot stated that the project cannot fail due to the enthusiasm of the petitioners and the Commission and the willingness of a sculptor of the stature of Mr. Colson to create the replica. Mayor Pillot called for a vote on the motion to approve the request to provide $5,000 to produce a replica of the Spirit of the American Dough Boy sculpture to be placed atop the Veterans War Memorial in Reverend J.D. Hamel Park according to a schedule acceptable to the presenters. Motion unanimously (5 to 0) : Cardamone, yesi Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. City Manager Sollenberger stated that an appropriation will be returned as a Consent Agenda Item and the funding administered through the Community Foundation of Sarasota; that an agreement will be drafted and returned. Commissioner Cardamone asked if. a consensus exists to write a letter from the Commission which could be presented to various veterans groups by Mr. Gurney. Vice Mayor Dupree stated that he would support a letter which offers the opportunity but not a requirement to contribute. Commissioner Patterson asked if a letter would be helpful? BOOK 43 Page 16216 02/17/98 6:00 P.M. BOOK 43 Page 16217 02/17/98 6:00 P.M. Mr. Gurney stated yes; that the letter could be circulated to inform veterans regarding the plans to create the statue. Mayor Pillot stated there is a consensus of the Commission to write a letter reflecting the strong interest and enthusiasm of the Commission and Administration and welcoming the participation of the veterans groups. Vice Mayor Dupree stated that the letter should include a statement that the Commission appreciates how much the veterans have already given. 10. CITIZENS' INPUT CONCERNING CITY TOPICS: (AGENDA ITEM VI) #1 (3104) through (3454) The following person came before the Commission: Jesse Cox, a 12-year resident of Ft. Armistead in the past, stated that he has previously reported on problems which subsequently became exacerbated due to the complacency of previous Commissions; that he is a local native, born and raised in Sarasota for the past 50 years; that he will not embarrass the Commissioners by asking a question regarding their native status; that he won the Asolo Opera Theater design contest and was the first person to come before the Commission years ago to warn of problems accompanying the Five Points Park project; that for five years, he requested the City to lower the flag on Memorial Day and on Veterans Day; that at first, the City refused despite the low cost required to lower the flag; that the old flag which had flown since shortly after World War I was subsequently chopped down and $30,000 worth of flag equipment installed due to the City's refusal to send a truck to lower the flag. Mr. Cox continued that the City of Sarasota was incorporated and sO named in 1921 by the Scots; that prior to that time, ancient maps indicate the original name was Zara Lota which literally means "the sacred place of dance"; that the Commission is unaware that the City's heritage is about to be lost. Mr. Cox further stated that the City is about to lose the heritage from which Zara Zota is named; that the current owners of the property intend to develop the site of the original Fort Armistead located at Indian Beach Drive and Alameda Avenue; that due to a conflict of interest, the City Auditor and Clerk is requested not to inform the developers with whom he is acquainted that he, Mr. Cox, has introduced this issue; that the developers should instead be apprised through the normal public process. Mr. Cox stated that the City should buy the property by trading the park property on 14th Street for the Fort Armistead site, or requesting funding assistance from the County, State, or private foundations; that as a last resort, the property should be taken by eminent domain. Mr. Cox displayed a brick from Fort Armistead dated from the 1700s and stated that the development project called Old Oaks must be stopped; that a temporary injunction must be imposed until the City can verify the historical facts regarding the property which is historically far more significant than John Ringling Towers or Spanish Point; that the subject property is the birthplace of the name "Sarasota" and the most historical piece of property in the City and County of Sarasota; that the Commission is asked to help save the City's heritage; that although millions of dollars in funds have been spent along the Bayfront, the railroad station and other historical treasures have been lost. Mr. Cox continued that Zara Zota, the sacred place of dance, should not be lost whether the help is provided by a judge, a wealthy citizen, or the irate members of the Seminole Tribe whose gaming parlors would be an acceptable source of funding; that the Commission is urged to stop development of the property; that two graves unmarked by the developer exist on one lot which has been sold; that Florida Power and Light Company (FPL) has been given easement through an entire corridor of 500- to 1,000-year-old oak trees surrounding the sacred place of dance; that the laws have already been violated by the destruction of trees. Mayor Pillot stated that Mr. Cox has made an important point; that he, Mayor Pillot, has lived in Sarasota for 35 years; that two Commissioners have lived in the City for approximately 50 years and two others for 25 years. Mr. Cox stated that people come from other States and do not respect the local heritage; that the Commission is requested to pay more attention to a local native who was born and raised in the City. 11. UNFINISHED BUSINESS: DISCUSSION RE: AUTHORIZE THE ACQUISITION OF THE PROPERTY BY USE OF EMINENT DOMAIN FOR NEIGHBORHOOD PARKING LOT DEVELOPMENT, AND DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE RESOLUTION FOR COMMISSION CONSIDERATION - REQUESTED THE ADMINISTRATION TO EXAMINE THE FEASIBILITY OF DEVELOPING PARKING USES IN NON- CONFORMING LOTS AND ALLEYS IN THE ROSEMARY DISTRICT: REQUESTED REPORT BACK REGARDING THE PROPOSED ROSEMARY CULTURAL VILLAGE; AUTHORIZED ADMINISTRATION TO MAKE A FINAL OFFER OF $112,250, THE MEDIAN AMOUNT BETWEEN $89,500, THE APPRAISED VALUE, AND $135,000, THE PURCHASE PRICE, TO BOOK 43 Page 16218 02/17/98 6:00 P.M. BOOK 43 Page 16219 02/17/98 6:00 P.M. PURCHASE THE PROPERTY OWNED BY MELTON AUGUSTINE AND LOCATED AT 1372 FIFTH STREET; (AGENDA ITEM VII-2) #1 (3463) through #2 (1454) City Manager Sollenberger stated that on October 6, 1997, the Administration recommended that the City purchase from Melton Augustine two parcels located on 1372 Fifth Street between Fourth and Fifth Streets west of Central Avenue to create 44 parking spaces in the Rosemary District; that the Administration recommendation was based on recommendations from the Rosemary District Redevelopment Advisory Board regarding the need to develop parking use in the vicinity of Fourth Street. City Manager Sollenberger stated that an appraisal indicates the value of the property at $89,500; that Mr. Augustine will not accept less than $135,000; that the following options are available: 1) purchase the property for $135,000, 2) take the property using eminent domain at an estimated cost of $139,500, including attorneys fees, or 3) decline to purchase the property; that the Administration recommends authorizing acquisition of the property by use of eminent domain and directing the City Attorney to prepare the appropriate resolution for Commission consideration. Donald Hadsell, Director of Housing and Community Development, and John Duhig, Chairman of the Rosemary District Redevelopment Advisory Board, came before the Commission. Mr. Hadsell stated that the rehabilitation of properties along Central Avenue facilitated by the City and catalyzed by the streetscape program has resulted in 12 new businesses opening on Central Avenue between Fourth and Sixth Streets; that the Rosemary District Redevelopment Advisory Board has strongly recommended the purchase of land to provide parking for new businesses; that current parking problems will become even more acute as the following proposed projects are developed within two blocks of the subject property: 332 Cocoanut Avenue = conversion of a vacant structure into eight one-room offices; 1385 Fifth Street - renovation of the Hood Building into six new storefronts; Northeast and southwest corners of Sixth Street and Central Avenue - two new restaurantsi; 1386 Fifth Street conversion into offices for architect and contractori - Two new Florida House Institute structures on the Community Gardens site for use as educational facilities; Charter School - approved by Sarasota County; and Rosemary Cultural Village. Mr. Hadsell stated that a verbal commitment has been provided by a lender to finance the Rosemary Cultural Village development project; that the City has been requested to prepare an agreement to sell the property formerly known as Central Gardens on which the project will be developed. Mr. Hadsell continued that on August 18, 1995, the subject property at 1372 Fifth Street was appraised at $1.65 per square foot or $35,000 for the entire parcel by the same appraiser who, on October 24, 1997, updated the value to $4.50 per square foot or $89,500. Mr. Duhig stated that the Rosemary District Redevelopment Advisory Board has convinced many businesses to relocate into the area; that merchants can renovate their own properties but cannot provide parking for customers and clients; that a downturn can be expected if parking use is not provided; that the Rosemary District will begin to deteriorate; that the purchase of the subject property to create a parking lot is a good investment. Mr. Duhig continued that the Commission is requested to consider outright purchase rather than a taking by eminent domain; that the Rosemary District needs parking; that the property at 1372 Fifth Street is extremely convenient as the lot could be entered from Fifth Street and exited on Fourth Street. Commissioner Patterson stated that the City already owns two properties on Central Avenue: 1) Central Gardens, and 2) the property which may be leased to the Florida House Institute at $1 per year; and asked why the City should overpay by 50 percent or expend funds on legal fees related to eminent domain rather than develop parking use on the Central Gardens or Florida House Institute properties? Mr. Hadsell stated that the Central Gardens site should be developed as a commercial project rather than a parking lot; that the Rosemary District Redevelopment Advisory Board determined the subject property at 13'72 Fifth Street is the most appropriate for parking use. Vice Mayor Dupree asked how long the City has tried to acquire the property from Mr. Augustine? Mr. Hadsell stated that negotiations were begun in 1995 when the property was first appraised at $35,000. Vice Mayor Dupree asked if the amount of $112,250, the median point between the $89,500 appraised value and the $135,000 sales price, could be negotiated as a purchase price and if the property owner commissioned an appraisal? BOOK 43 Page 16220 02/17/98 6:00 P.M. BOOK 43 Page 16221 02/17/98 6:00 P.M. Mr. Hadsell stated that $135,000 is the lowest amount on which the property owner has agreed; that although the property owner declined to conduct an appraisal, he may be willing to renegotiate if the Commission indicates that eminent domain will be pursued. Commissioner Cardamone stated that property values in the Rosemary District were virtually worthless five years ago; that the value of City-owned properties has increased due to the redevelopment efforts; that the Central Gardens property fronting on Central Avenue should not become the primary parking use in the area; that four years ago, the Commission provided a budget amount for land bank acquisitions in the Rosemary District; and asked the balance of funds in the land bank account? Mr. Hadsell stated that the necessary funding to purchase the property at 1372 Fifth Street will be provided from two existing sources; that approximately $50,000 is left in the Community Development Block Grant (CDBG) fund; that the balance remaining in the fund endowed by Local Option Sales Tax (L.O.S.T.) funds is unknown. Commissioner Cardamone asked if the two funding sources will provide sufficient funds to purchase the subject property? Mr. Hadsell stated yes. Commissioner Cardamone stated that originally, the Central Avenue Streetscape Project, which eliminated then-existing parking spaces, was viewed with skepticism; however, the streetscape has catalyzed revitalization of the Rosemary District; that City funds must be invested to develop parking uses; that an editorial in this morning's Sarasota Herald-Tribune opposed the purchase or taking of the subject property by eminent domain on the grounds that parking for private businesses should not be funded with public funds; however, the City has contributed to parking uses all over the City. Commissioner Cardamone continued that the Rosemary District Redevelopment Advisory Board should be requested to form a parking committee to examine the appropriateness of alleys for parking use; that alleys could be developed as one-way parking lanes with tightly concentrated angle parking; that every noncontorming lot and alley should be maximized for parking use. Mr. Duhig stated that over the past two years, the Rosemary District Redevelopment Advisory Board has reviewed parking options including reconfiguration of the streets to accommodate on-street parking; however, the Board's recommendations have not been well received by the Planning Department; that the Board has determined that funds for parking use must be invested. Commissioner Cardamone asked if alley parking has been examined? Mr. Duhig stated yes; that according to Planning Department Staff, the expense of developing sufficient parking spaces in alleys cannot be justified. Commissioner Cardamone requested the Administration to explore the feasibility of developing parking uses in noncontorming lots and alleys. Mayor Pillot requested clarification of the eminent domain process. Michael Connolly, City Attorney's Office, came before the Commission and stated that the following two types of eminent domain exist: Quick Take Eminent Domain Proceeding Attorney Connolly stated that a quick take is litigated in two phases; that Phase 1 involves a non-jury trial 90 days after litigation is filed; that the judge must determine if the property to be taken is necessary for a public purpose and if the City has made a good-faith estimate of value based on a valid appraisal; that the City then has 20 days to make a deposit into the court registry of the good-faith estimate of value after which the City becomes the owner of the property, hence the term "quick take"; I that within approximately three months, the City would be granted fee simple title and can proceed with the project proposed for the property. Attorney Connolly continued that 18 to 24 months from the date of title transfer, the Phase II jury trial will occur during which the actual value of the property will be determined; that valuation is frozen at the date the deposit was made and the City took title; that the jury trial will be convened 18 to 24 months from the date of title transfer; that the jury will determine the value of the property on the date the City actually took title at the order of taking. Slow Take Eminent Domain Proceeding Attorney Connolly stated that a slow take is less commonly used; that a jury trial is convened approximately 18 to 24 months after litigation is filed; that the same issues are determined in a slow take as in a quick take; that the jury determines the value of the property and if the property is necessary for a public purpose; that the value of the property could increase in the 18 to 24 months between the date of filing the slow-take litigation and the date the jury trial begins; that the City is not required to accept title to the property if the value of the property as determined by the jury is unacceptable to the Commission. BOOK 43 Page 16222 02/17/98 6:00 P.M. BOOK 43 Page 16223 02/17/98 6:00 P.M. Attorney Connolly continued that if the City declines to accept the jury's valuation of the property, the City would be required only to pay the property owner's attorneys fees and costs; that under current statute, attorneys fees for the property owner are calculated at 33 percent of the benefit or the increase in the jury award over the City's offer at the time the property owner first hired an attorney; that the City will pay attorneys fees on any increase in value over the 18 to 24 months between the date of filing and the date the trial is convened; that the courts are also authorized to award attorneys fees on non-monetary benefits, for example, the property owner's attorney may accomplish a rezoning or Comprehensive Plan change which increases the marketability or benefit of the property to the client. Commissioner Patterson asked if the first step is to make an offer? Attorney Connolly stated yes; that the existing five-month-old appraisal must be updated if the Commission decides to proceed with eminent domain; that he, as attorney for the City, would meet with the City Manager to draft a pre-suit notice; that a letter including an offer and indicating the City's intention to proceed with eminent domain would be sent to Mr. Augustine. Commissioner Patterson asked when the existing appraisal was conducted? Attorney Connolly stated October 1997. Commissioner Patterson asked if an entirely new commercial appraisal would be required? Attorney Connolly stated that the existing appraisal could be updated. Commissioner Patterson stated that she will not support the purchase or taking by eminent domain of the property at 1372 Fifth Street to create parking use in the Rosemary District; that the final offer should be $112,250, the median point between the $89,500 appraised value and the $135,000 sales price if the recommendation to purchase or take the land is approved; that attorneys' fees would be limited; that such an offer would indicate the City's willingness to be fair. Attorney Connolly agreed. City Manager Sollenberger stated that the Administration recommends authorizing acquisition of the property by use of eminent domain and directing the City Attorney to prepare the appropriate resolution for Commission consideration. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to authorize the Administration to make a final offer of $112,250, the median amount between $89,500, the appraised value, and $135,000, the purchase price, to purchase the property owned by Melton Augustine and located at 1372 Fifth Street. Commissioner Patterson stated that the motion should include authorizing the Administration to proceed with the appropriate type of eminent domain; that although the purchase may be less discomfiting if the price is limited to $112,250 rather than $135,000, the purchase price, or $139,000, the estimated cost of eminent domain, the motion will not be supported because the taxpayers will overpay substantially for the property. Commissioner Patterson continued that the Central Gardens property is large enough to accommodate storefronts on the frontage and a parking lot on the rear of the property; that the City has purchased two large properties in the Rosemary District appropriate for parking lots and should not overpay for a third parcel; that providing subsidized parking uses in a redevelopment area such as the Rosemary District is not inappropriate; however, the proposal does not appear to have been well thought out; that the City will be purchasing one property, selling another, and virtually giving a third parcel away. Commissioner Merrill stated that he may support the motion even though City funds should not be used to purchase parking uses without help from surrounding commercial property owners who will be the primary users of the parking lot and have already seen the valuation of their properties tripled from $1.65 to $4.50 per square foot; that a point must be determined at which the City no longer engages in generating profits for private property owners; however, whether the City's redevelopment efforts should be withdrawn at this time is unknown; that the redevelopment should be carried through to ensure the revitalization can be sustained by the private sector. Commissioner Merrill continued that the City provides parking in certain blighted areas such as Dr. Martin Luther King, Jr. Way and in areas such as Downtown in which an extreme parking shortage exists; that areas such as Lime Avenue should not be overlooked; that the wealth should be spread around; that over $1 million in General Fund and L.O.S.T. monies will be spent to create parking uses in Downtown. Commissioner Merrill further stated that a property owner who will not sell at the City's price is not a bad person; that the City has the right to take private properties; however, a public good must be proven; that eminent domain disrupts the property owner's ability to sell or develop their land; that the City sometimes indicates eminent domain will be used as a bargaining tool to indicate the City's seriousness; however, the City should not view eminent domain as a method to disrupt a property owner's ability to develop or sell a property. BOOK 43 Page 16224 02/17/98 6:00 P.M. BOOK 43 Page 16225 02/17/98 6:00 P.M. Commissioner Merrill stated further that the presentation in favor of the purchase included the statement that the Rosemary District Redevelopment Advisory Board recommends purchase of the property; however, the argument is not compelling; that property owners in the Rosemary District with a vested interest can be expected to recommend City purchase of land for parking use; that he will support a motion which does not include any reference to taking the property by eminent domain. Commissioner Cardamone stated that the City should receive fair value for City-owned properties on Central Avenue; that the City should offer to purchase the land and advise the public that at some point, the City will withdraw from the redevelopment program. Commissioner Cardamone continued that Mr. Augustine has been a major benefactor of the City's revitalization efforts in the Rosemary District; that a satisfactorily negotiated deal is expected; that Mr. Augustine will probably want to cooperate with the City. Mayor Pillot stated that the Commission has long been committed to redevelopment of the Rosemary District; that the proposed purchase of land for parking in the Rosemary District is different from using City funds to underwrite parking use in Downtown; that although the editorial in the Sarasota Herald-Tribune was well written and useful, an important point was missed; that the subject property located at 1372 Fifth Street would be purchased to spur continuing redevelopment efforts which should not be allowed to lose momentum. Mayor Pillot continued that although the Commission does not wish to take the property by eminent domain, eminent domain is comparable to a refusal to settle a lawsuit and going to court because a principle is involved; that a standard should be established to discourage possible future litigants from believing that the City can be expected to settle if sufficiently threatened; that the opportunity should not be missed to indicate to the public that governments occasionally have the right to take property at a fair price and that although negotiations will continue, eminent domain is not outside the realm of possibility; and passed the gavel to Vice Mayor Dupree. On motion of Mayor Pillot and second of Commissioner Cardamone, it was moved to amend the motion to authorize the Administration to direct the City Attorney to prepare the appropriate resolution for Commission consideration of the use of eminent domain if negotiations included in the main motion fail. Mayor Pillot stated that the property owner is knowledgeable regarding the use of the property for the benefit of the public as well as his own personal benefit; that negotiations may be enhanced if the property owner is made aware that the Commission truly believes the subject property is necessary to spur the continued redevelopment of an important part of the community; that quick take is assumed to be the appropriate method of eminent domain if such action is pursued. Commissioner Cardamone asked if pursuing eminent domain by quick take is part of the motion? Mayor Pillot stated no. Commissioner Merrill stated that the property owner is not expected to settle for the $112,250 purchase offer if the possibility of eminent domain is included in negotiations; that the property owner would allow the Commission to proceed with eminent domain which would generate a higher purchase price; that including a reference to eminent domain in the motion is the incorrect approach; that a clear and compelling public need must be proven to the jury; and asked if any properties have been recently taken by eminent domain? Attorney Connolly stated that the most recent taking by eminent domain is the drainage project for the 14th through 19 Streets rights-of-way. Commissioner Merrill stated that drainage is a clear public need; and asked if any properties have been purchased for redevelopment purposes? Attorney Connolly stated that taking a property by eminent domain for redevelopment purposes is not recalled. Commissioner Merrill stated that the proposed parking lot, expected to serve a handful of surrounding businesses, does not appear to satisfy public need; that although the business owners in the surrounding area may need the parking uses, the public is able to get the same services from other businesses located in other parts of the City; that a business owner renting a building, installing a business, and then requesting the government to purchase property for parking use does not constitute strong public need. Commissioner Merrill continued that the property owner could take the position that the City has the right to take his property by eminent domain at a fair price as property values have virtually tripled in the last few years; that the property owner should not be denied future investment potential by an eminent domain taking; that he will vote against the entire motion if the amendment including a reference to eminent domain is passed. BOOK 43 Page 16226 02/17/98 6:00 P.M. BOOK 43 Page 16227 02/17/98 6:00 P.M. Commissioner Patterson asked if the motion allows the City Manager to determine whether slow or quick take is the most appropriate type of eminent domain? Mayor Pillot stated that the City Manager would make the determination in consultation with the attorneys; that an assumption is made that a quick take would be the most appropriate. Commissioner Patterson stated that quick take would be appropriate only if an immediate public need existed; that the City would be obligated to purchase the property at the price determined by the jury; that the property owner would know that all attorneys fees would be paid and that the City's original offer would be the least the jury would award. Mayor Pillot stated that the motion does not indicate the type of eminent domain to be pursued; that the City Attorney's Office will determine and advise the Administration as to the most sensible method. Commissioner Cardamone stated that the amendment will not be supported; that the property owner will know that eminent domain is a possibility if the offer of $112,250 is not accepted; that she will vote against the amendment and in support of the main motion. Vice Mayor Dupree called for a vote on the motion to authorize the Administration to direct the City Attorney to prepare the appropriate resolution for Commission consideration of the use of eminent domain if negotiations included in the main motion fail. Motion failed (4 to 1): Cardamone, no; Dupree, no; Merrill, no; Patterson, no; Pillot, yes. Commissioner Patterson asked if the City is currently negotiating to sell the Central Gardens property? Mr. Hadsell stated yes; that the Commission authorized the Administration to work with the developers of the proposed Rosemary Cultural Village to negotiate a price for the Central Gardens property contingent upon their obtaining outside financing. Commissioner Patterson stated that she does not recall a vote on the proposal. Mr. Hadsell stated that the developers of the proposed Rosemary Cultural Village were given a certain period of time to obtain outside financing. Mayor Pillot requested a report back regarding the Rosemary Cultural Village. Commissioner Patterson stated that the City now has a policy that an appraisal must be performed on all properties bought or sold by the City. Mr. Hadsell stated that the discussions regarding the Rosemary Cultural Village preceded the decision that an appraisal must be performed on all properties bought and sold by the City; that an appraisal will be performed before the City sells the Central Gardens property. Commissioner Patterson stated that Commission action regarding the Rosemary Cultural Village should be researched and a report returned. Commissioner Cardamone stated that the developers intend to develop a residential visual and performing arts village, consisting of private residences, a dance studio, and art studios. Mayor Pillot called for a vote on the motion to authorize the Administration to make a final offer of $112,250, the median amount between $89,500, the appraised value, and $135,000, the purchase price, to purchase the property owned by Melton Augustine and located at 1372 Fifth Street. Motion carried (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, no; Pillot, yes. The Commission recessed at 8:15 p.m. and reconvened at 8:27 p.m. 12. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE ADMINISTRATION TO DEVELOP AN ADMINISTRATIVE REGULATION FORMALIZING THE EXISTING COMPETITIVE PROCEDURES USED BY THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO INFORM THE PUBLIC ON THE AVAILABILITY OF CDBG FUNDS = APPROVED: REQUESTED STAFF TO PRESENT REPORT REGARDING CDBG FUNDS TO THE COALITION OF CITY NEIGHBORHOODS (AGENDA ITEM VII-3) #2 (1484) through (2111) Commissioner Cardamone stated that she is satisfied with the competitive procedures used in the past; and asked if any additional work will be required with the new procedures. Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that at the December 15, 1998, regular Commission meeting, the Administration was requested to develop a policy to inform the public on the availability of funding to obtain competitive proposals; that the procedures included in the Agenda materials simply formalizes the existing procedures. BOOK 43 Page 16228 02/17/98 6:00 P.M. BOOK 43 Page 16229 02/17/98 6:00 P.M. Mayor Pillot asked if the formalized procedures simply provide better communication between the City and the public? Mr. Hadsell stated yes. Commissioner Cardamone asked if the formalized procedures make more work for Staff? Mr. Hadsell stated no. Commissioner Merrill stated that a perception exists that Community Development Block Grant (CDBG) funds are dispersed to a specific group of people with inside connections to City Hall; that everything possible should be done to dispel that perception; that the City should communicate to the public that the funds are available to anyone who meets the criteria and that the City does not work exclusively with a small group of people. Commissioner Patterson stated that the housing rehabilitation funds are a concern; that a perception does exist that the same people, Eamiliar with the bureaucratic process and interested in investing in areas where CDBG funds are appropriate, are the only ones who benefit from those funds; and asked if any change has been made to address how the City can coordinate the dispersion of funds with the Code Enforcement Special Master to provide people required to rehabilitate single-family homes with the necessary funds to do so? Mr. Hadsell stated that a proposal addressing the use of CDBG funds to help homeowners faced with code enforcement violations will be returned to the Commission; that the funds will be used in conjunction with the Code Enforcement Department; that people with code enforcement violations will have the highest priority for receiving assistance; that a dollar amount has not yet been determined; however, a report should be ready to present at the March 2, 1998 regular Commission meeting. Vice Mayor Dupree asked if CDBG funds can be dispersed to people cited for code enforcement violations before the $50-per-day fine is imposed? Mr. Hadsell stated yes; that CDBG funds would be made available to the code enforcement violator to make the necessary improvements before fines are imposed; that currently, the City provides loans; however, owners of properties which have no value are not eligible to receive the loans; that the Commission would have to determine if the policy should be changed to award grants rather than loans especially as some homeowners are not eligible for mortgages due to the absence of clear title. Commissioner Patterson stated that the City may want to help build a home rather than invest funds in a structure not worth saving. Mr. Hadsell stated that people making $200 to $300 per month cannot maintain a new home. Commissioner Merrill stated that certain areas in District 3 are eligible for CDBG funds; and asked if areas in southeast Sarasota are eligible for CDBG funds? Mr. Hadsell stated that the maps would have to be researched. Commissioner Merrill stated that the eligible areas should be identified; that the City does not address areas with incipient blight; and asked if neighborhood associations are presented information regarding available CDBG funds? Mr. Hadsell stated that Staff has met with a number of neighborhood associations; that the effort to meet with the associations will be improved. Commissioner Merrill stated that a new neighborhood association is forming in the Paver Park/Alta Vista Street neighborhood in which small, poorly maintained homes exist, owned by homeowners of moderate income who would never consider requesting government assistance; that the homeowners should be informed that funds are available; that innovative methods of communication should be developed. Commissioner Cardamone stated that all CDBG expenditures are authorized by the Commission; that some funds are allocated to individual properties and some allocated to housing programs; and asked if any funds are distributed absent an allocation approval from the Commission? Mr. Hadsell stated no. Commissioner Cardamone stated that the City should ensure that residents are aware of the availability of CDBG funds; that advertisements are constantly published in the Sarasota Herald-Tribune; that often, the number of applications exceed the available funds; that a letter should be written to neighborhood associations to determine if Staff reports regarding CDBG funds should be presented at association meetings. Mr. Hadsell stated that in the past, letters have been sent to each of the neighborhood associations prior to the presentation of housing rehabilitation applications; that Staff has tried to keep the associations apprised of the existing programs. Commissioner Cardamone stated that the Coalition of City Neighborhoods Association (CCNA) has become a balanced organization including both well-to-do and needy neighborhoods BOOK 43 Page 16230 02/17/98 6:00 P.M. BOOK 43 Page 16231 02/17/98 6:00 P.M. and would be extremely interested in the availability of CDBG funds. Mr. Hadsell stated that a report regarding the availability of CDBG funds will be presented at a meeting of the CCNA. Commissioner Patterson stated that Habitat for Humanity builds homes for people of extremely low incomes; and asked if the City works in conjunction with Habitat for Humanity? Mr. Hadsell stated that the Department of Housing and Community Development is developing 13 homes with Habitat for Humanity in unincorporated Newtown; that Share Housing Initiative Partnership (SHIP) funds have been provided to purchase the property and pay the impact fees; that the loan will be passed along to the home buyer. Commissioner Patterson stated that extremely ramshackle structures exist which the City is reluctant to condemn as the resident may become homeless. Mr. Hadsell stated that people living in ramshackle homes are not given a priority by Habitat for Humanity which serves people who do not already have a home; that elderly people making $200 to $300 per month have no ability to make a mortgage payment even at zero percent interest; that Habitat does not serve those individuals. Commissioner Patterson asked how the City addresses homeowners who are cited for code enforcement violations who lack the money to make necessary repairs? Mr. Hadsell stated that the existing loan program adopted by the Commission assists only those individuals able to repay the City; that a grant program would have to be developed for homeowners unable to make loan payments. City Manager Sollenberger stated that the Administration recommends directing the Administration to develop an administrative regulation formalizing the existing competitive procedures used by the Office of Housing and Community Development. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yesi Pillot, yes. Mayor Pillot stated there is a consensus to postpone addressing Unfinished Business, Agenda Item VII-5, regarding MPO member agencies meeting dates to later in the Agenda to address Items which members of the public are waiting to address. 13. UNFINISHED BUSINESS: DISCUSSION RE: CHILD CARE CENTER, R.F.P. #98-22, TO BE LOCATED AT 1742 DR. MARTIN LUTHER KING, JR. WAY - AUTHORIZED ADMINISTRATION TO NEGOTIATE THE TERMS OF A LEASE WITH THE HELEN R. PAYNE DAY NURSERY AND AUTHORIZED THE CITY ATTORNEY TO PREPARE A LEASE DRAFT AND DIRECTED THE ADMINISTRATION. AND CITY ATTORNEY TO PLACE THE LEASE NEGOTIATIONS AT THE HIGHEST LEVEL OF PRIORITY (AGENDA ITEM VII-7) #2 (2202) through (2899) Nancy Carolan, Director of General Services, came before the Commission and stated that the City issued a Request for Proposals (RFP) for an organization to provide quality child care for children ages infant through five years old at the City-owned facility at 1742 Dr. Martin Luther King, Jr. Way; that the building had previously been leased to Parent Child Care and served as a day-care facility; that on September 22, 1997, the City was officially informed that Parent Child Care would close on November 21, 1997. Ms. Carolan continued that on November 3, 1997, Staff requested and received approval to issue the RFP; that the specifications for the RFP were developed with the guidance of the Department of Children and Families and the Child Development Center (CDC) and included criteria necessary to meet the State's approval for licenser and operation; that one response was received from the Helen R. Payne Day Nurseryi that the evaluation committee included board members from the Sarasota Day Nursery, members of the YMCA and United Way, and representatives from the Department of Children and Families; that the committee found the proposal responsive to the RFP and requested that the Executive Director of the Helen R. Payne Day Nursery present a verbal report to the Committee; that the evaluation committee unanimously recommended the Commission approve the negotiation of a lease agreement with the Helen R. Payne Day Nursery. Raymell Grimes, Executive Director of the Helen R. Payne Day Nursery, and Howard Goldman, General Contractor and Clay Palmer. Members of the Board of the Helen R. Payne Day Nursery, came before the Commission. Ms. Grimes stated that the decision to respond to the RFP was made by the Board of Directors and Staff members; that a great need exists to improve the services provided by the Helen R. Payne Day Nursery, in existence for 60 years; that the proposal to develop the City-owned property at 1742 Dr. Martin Luther King, Jr. Way was discussed with the Sarasota Day Nursery, United BOOK 43 Page 16232 02/17/98 6:00 P.M. BOOK 43 Page 16233 02/17/98 6:00 P.M. Way, and neighborhood residents; that new Board members were solicited from throughout the City. Ms. Grimes continued that the majority of children live in Newtown; however, a diversity of races and backgrounds has always been represented at the Helen R. Payne Day Nursery; that renovation and fund-raising programs have been developed and funding pledged by community groups and private foundations; that a fund-raising program will be initiated upon receiving Commission approval; that the Helen R. Payne Day Nursery will continue to encourage the development of productive citizens through comprehensive programs of parent/child care. Vice Mayor Dupree asked if the Helen R. Payne Day Nursery is supported by other agencies? Ms. Grimes stated that letters of support have been provided from the Sarasota Day Nursery and United Way. Mayor Pillot stated that present in the audience are old friends with whom he worked in the school system; that seeing former colleagues is a great pleasure. City Manager Sollenberger stated that the Helen R. Payne Day Nursery has solicited and obtained pledges of financial support from a number of community agencies; that the Administration recommends authorizing the Administration to begin negotiating the terms of a lease with the Helen R. Payne Day Nursery and to authorize the City Attorney to prepare a lease draft which will include a renovation schedule, dates to commence operation, and capital budget commitments. Ruth Daniel, 501 Longboat Club Road (34298), came before the Commission and stated that the Commission is requested to expedite negotiation of the lease terms to allow the Helen R. Payne Day Nursery to occupy the City-owned property at 1742 Dr. Martin Luther King, Jr. Way as soon as possible; that the child-care facility will provide a home to approximately 90 children and enable 90 mothers to go to work in a peaceful state of mind; that the children will be prepared for school and for life. Commissioner Cardamone asked the time frame for renovation of the building? Ms. Grimes stated that estimates from contractors have indicated the renovation project can commence on March 1, 1998, and will take approximately 90 days to complete. Mayor Pillot stated that the child-care facility would be open at the end of the school year. Commissioner Cardamone stated that the total funds pledged by various sources are estimated at $450,000; that the facility should be beautiful. Ms. Daniels stated that financial support has been pledged by the United Way; that the Helen R. Payne Day Nursery will train and prepare mothers for junior college to improve their abilities. Mayor Pillot asked the time frame to negotiate the lease? City Manager Sollenberger stated that the lease will be negotiated and returned for approval at the March 16, 1998, regular Commission meeting. Mayor Pillot stated that the draft lease could be presented as a Change in the Order of the Day at the March 2, 1998, regular Commission meeting if the negotiations are expedited quickly. On motion of Vice Mayor Dupree and second of Commissioner Cardamone, it was moved to authorize the Administration to begin negotiating the terms of a lease with the Helen R. Payne Day Nursery and to authorize the City Attorney to prepare a lease draft including a renovation schedule, dates to commence operation, and capital budget commitments. Commissioner Patterson stated that the motion should include a request that the Administration and City Attorney's Office place the lease negotiations between the City and the Helen R. Payne Day Nursery at the highest level of priority. Vice Mayor Dupree accepted the recommendation as part of the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: NAMING OPPORTUNITIES TO BENEFIT VAN WEZEL PERFORMING ARTS HALL RENOVATION FUNDING - REFERRED TO THE BOARD OF THE VAN WEZEL FOUNDATION, INC. L THE SELECTION OF A PHYSICAL PART OF THE VWPAH TO NAME AFTER ANNA MAE SANDEGREN: APPROVED THE CONCEPT OF DEVELOPING A LIST OF NAMING OPPORTUNITIES TO ATTRACT DONORS TO BE RETURNED AS A FORMAL RESOLUTION FOR COMMISSION APPROVAL (AGENDA ITEM VII-6) #2 (2930) through #3 (0167) William Mitchell, Executive Director of the Van Wezel Performing Arts Hall (VWPAH), came before the Commission and stated that the plans for the renovation of the VWPAH are proceeding in a timely manner; that the Van Wezel Foundation, Inc., has hired an BOOK 43 Page 16234 02/17/98 6:00 P.M. BOOK 43 Page 16235 02/17/98 6:00 P.M. organization specializing in fund-raising to guide the campaign to solicit private-sector funds; that a completed feasibility study has determined the Foundation can expect to raise $5 million in private funds. Mr. Mitchell continued that one aspect of the fund-raising campaign is to offer the opportunity to name physical parts of the VWPAH building after donors who contribute substantial sums, i that a list of naming opportunities has been identified for the purpose of attracting donors. Commissioner Patterson stated that a comment was made at a meeting of the Sarasota Board of County Commissioners regarding the possibility of naming the new Downtown library after a major donor; however, as one member of the Sarasota Board of County Commissioners noted, people who have contributed a great deal to the library over many years may not be appropriately recognized; that the new fund-raising program for the VWPAH has been developed just to "sell" honors; that although similar programs are widely conducted, the program to solicit donors after whom physical parts of the VWPAH will be named should be initiated with a distinctive gesture. Commissioner Patterson continued that the individual who founded the Van Wezel Foundation, Inc., is still a member of the Board; that an appropriate honor, which may mitigate the commercialism of the naming opportunities program, would be to select a physical part of the VWPAH to be named after Anna Mae Sandegren. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to refer to the Board of the Van Wezel Foundation, Inc., the selection of a physical part of the VWPAH to be named after Anna Mae Sandegren. Commissioner Cardamone asked if the physical part of the building should be named exclusively after Ms. Sandegren or should Ms. Sandegren be allowed to make the choice as to whether to include the name of her husband, Andrew - Sandy" Sandegren? Commissioner Patterson stated that the decision should be left to Ms. Sandegren; however, the honor should be given to Ms. Sandegren as the person who individually spearheaded the establishment of the Foundation. Mr. Mitchell stated that the motion is wonderfully appropriate as Ms. Sandegren has agreed to serve as Chairperson of the fund-raising campaign. Mayor Pillot called for a vote on the motion. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yesi Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that an editorial in the Pelican Press warned that the City may want to develop criteria as to how donations to public buildings should be honored; that the editorial drew attention to the possibility of the new Downtown library being named the Outback Steakhouse Library as the restaurant is the largest contributor to the library fund; that the editorial also drew an analogy with Houlihan Stadium in Tampa which was named, perhaps inappropriately, after a commercial entity. Commissioner Cardamone continued that Tropicana Products, Inc., may donate a major sum; that installation of a large plaque featuring oranges and juice drink labels should be discouraged; that although corporate donations to the Foundation should be solicited and encouraged, the City should be careful in naming the various physical parts of the VWPAH; that the Foundation can be expected to exercise discretion. Mr. Mitchell stated that a gift-acceptance committee will be organized to carefully examine each donation and ensure the naming of any physical part of the VWPAH conforms with the spirit of the cultural facility. Mayor Pillot asked if the motion to name a physical part of the VWPAH after Ms. Sandegren is in any way conditioned on Ms. Sandegren's donating funds? Commissioner Patterson stated that absolutely no such intent exists; that the program to provide naming opportunities to potential donors should appropriately begin with an honorarium given to someone whose contributions cannot be measured by a monetary standard. Commissioner Cardamone stated that honoring Ms. Sandegren by naming a physical part of the VWPAH after her is a great idea. City Manager Sollenberger stated that the concept should be refined further; that Staff should return the recommendation as a formalized resolution. City Manager Sollenberger continued that the Administration recommends approving the concept of developing a list of naming opportunities for the purpose of attracting donors to be returned as a formal resolution for Commission approval. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the Administration's recommendation. Commissioner Patterson stated that a large corporate contribution resulting in, for example, a "Barnett Bank" Terrace, would be acceptable. BOOK 43 Page 16236 02/17/98 6:00 P.M. BOOK 43 Page 16237 02/17/98 6:00 P.M. Commissioner Merrill stated that a plaque on a wall naming the major donors may be more appropriate. Mr. Mitchell stated that many donations are expected; that a corporate donors wall and a private donors wall will be established on which every person contributing a substantial sum to the renovation project will be recognized. Commissioner Merrill asked if donors who contribute $2,000 for a seat would be included on the donors wall or be named on a plaque fixed to the seat? Mr. Mitchell stated that the donors would be identified with a plaque on the seat. Commissioner Merrill asked if the donor of the seat would also be named on the donors wall? Mr. Mitchell stated that the seat campaign would be slightly different; that a specific physical part of the building is being named after a donor. Commissioner Merrill stated that a campaign to raise funds for seats is not a problem; however, the naming of a rehearsal room does not seem appropriate; that naming every room in a building trivializes the spirit of giving; that the major benefactor's list is not a problem as people would be allowed to see who contributed to the renovation project; however, the physical parts of the building which can be named should be limited in number. Commissioner Patterson stated that people do not want to see 2,000 plaques displayed around the VWPAH. Vice Mayor Dupree stated that Sarasota Memorial Hospital has plaques naming donors displayed throughout the building; that certain wings have been named after major donors; that the gift-acceptance committee should exercise discretion. Mr. Mitchell stated that 50 people were interviewed for the feasibility study; that many people have lost a spouse and would like to commemorate the happy times at the VWPAH spent with their wife or husband. Commissioner Merrill asked the minimum donation required to be included on the donors wall? Mr. Mitchell stated that $1,000 has been recommended as a possible minimum amount. Commissioner Patterson asked the amount of donation necessary to have a seat named after the donor? Mr. Mitchell stated $2,000. Commissioner Merrill stated that seats are acceptable; however, the naming of a stairway seems incongruous; that restrooms are also a questionable naming opportunity included on the list in the Agenda materials. Mr. Mitchell stated that a precedent exists; that Jane Cook, a Sarasota winter resident donated the funds for the restrooms at Tanglewood in the Massachusetts Berkshires. Commissioner Merrill asked how a plaque featuring the name of the donor of a sound system would be placed? Mr. Mitchell stated that a plaque could be displayed with the name of the person who donated the sound system in some area to the left or the right of the proscenium. Commissioner Merrill stated that someone who donated $100,000 would be expected to prefer his name on the donors wall in the grand foyer rather than on the side of a wall in a back room. Mayor Pillot called for a vote on the motion to approve the concept of developing a list of naming opportunities for the purpose of attracting donors to be returned as a formal resolution for Commission approval. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yesi Patterson, yes; Pillot, yes. 15. UNFINISHED BUSINESS: APPROVAL RE: DISCUSSION RE: MPO MEMBER AGENCIES MEETING DATES - REACHED CONSENSUS TO: PROVIDE THE APRIL AND MAY 1998 SCHEDULES OF INDIVIDUAL COMMISSIONERS TO THE ADMINISTRATIVE ASSISTANT TO THE CITY COMMISSION TO ARRANGE MEETING DATES AND TIMES; SEND LETTER TO THE CITY OF VENICE INDICATING THE PLANS OF THE CITY COMMISSION OF SARASOTA TO VISIT THE COMMISSIONS /COUNCILS OF OTHER MPO MEMBERS AND EXPRESSING APPRECIATION FOR THE SUPPORT PROVIDED TO THE CITY OF SARASOTA BY THE CITY COMMISSION OF VENICE (AGENDA ITEM VII-5) # 3 (0171) through (0745) City Manager Sollenberger stated that the Commission decided to attend meetings of member organizations of the Metropolitan Planning Organization (MPO) to explain and solicit support for the City's position for a low-level replacement or renovated John Ringling Bridge; that this item has been placed on the Agenda to determine a convenient schedule; that once a schedule is determined, the Administration will prepare agenda requests to the appropriate government jurisdictions. BOOK 43 Page 16238 02/17/98 6:00 P.M. BOOK 43 Page 16239 02/17/98 6:00 P.M. Commissioner Patterson stated that presentations to all the MPO member organizations are not necessary; that the Cities of Anna Maria, Bradenton Beach and Holmes Beach have one vote and already support the City's position; that support from the Town of Longboat Key is not anticipated; that the City of Venice has already taken a formal vote to support Sarasota's position; that Manatee County has no reason to be swayed by a visit from Sarasota elected officials; that the likelihood of success of a visit to the Sarasota/Manatee Airport Authority is unknown; that many meetings have been held with the Florida Department of Transportation; that presentations should be made to: the City of North Port, Sarasota County, the City of Bradenton, and the City of Palmetto. Commissioner Cardamone stated that the Sarasota/Manatee Airport Authority is a vote which should go with the local government desiring support. Commissioner Merrill stated that the MPO representative from the Sarasota/Manatee Airport Authority voted to listen to the issue again. Commissioner Patterson stated that the MPO representative from the Sarasota/Manatee Airport Authority will listen specifically due to the drainage issues and has attended every meeting of the Drainage Committee; that the position of the Sarasota/Manatee Airport Authority is unknown. Mayor Pillot stated that the consensus of the Commission is to visit the City of North Port, Sarasota County, the City of Bradenton, the City of Palmetto, and the Sarasota/Manatee Airport Authority. Commissioner Merrill asked if the City of Venice has taken a formal vote? Commissioner Patterson stated that a letter was received from the City of Venice indicating a vote of support had been passed for Sarasota's position. Commissioner Cardamone stated that a letter should be sent to the City of Venice indicating Sarasota's appreciation for Venice's support and the plans of the Sarasota City Commission to visit the Commissions/Councils of other MPO members. Commissioner Patterson stated that attendance of all five Commissioners is important, including the Mayor and Commissioner Cardamone, as the most passionate in her opposition to a high level bridge. Commissioner Cardamone stated that attendance of all five Commissioners is preferred; however, schedules may be such that only four Commissioners can attend. Commissioner Patterson stated that attendance by all five Commissioners would help convince MPO representatives to change their vote on the issue. Mayor Pillot stated that there is a consensus of the Commission to provide the Administrative Assistant to the City Commission with individual Commissioner schedules for April and May 1998 so convenient meeting dates and times can be determined. 16. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1048, INITIATING MEMBERSHIP IN THE FLORIDA SUSTAINABLE COMMUNITIES NETWORK; ETC. - ADOPTED (AGENDA ITEM VIII-1) #3 (0745) through (0801) Commissioner Cardamone stated that proposed Resolution No. 98R-1048 is the result of a request from the Florida House, Inc. (FHI), to join the Florida Sustainable Communities Network; that no cost is involved in membership; that some advantages are the opportunity to participate in programs and access to their Web site; that membership has no down side. City Auditor and Clerk Robinson read proposed Resolution No. 98-1048 by title only. On motion of Commission Cardamone and second of Vice Mayor Dupree, it was moved to adopt proposed Resolution No. 98-1048. Mayor Pillot asked City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Cardamone, yesi Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - (AGENDA ITEM X) #2 (0801) through (1186) COMMISSIONER CARDAMONE: : A. asked the upcoming workshop schedule? City Auditor and Clerk Robinson stated that the schedule is as follows: Community Workshop Saturday, February 21, 1998 8:30 to 11:30 a.m. West Cafeteria, Sarasota High School Annual Goals Thursday, February 26, 1998 BOOK 43 Page 16240 02/17/98 6:00 P.M. BOOK 43 Page 16241 02/17/98 6:00 P.M. 8:30 to 11:30 p.m. Foyer, Van Wezel Performing Arts Hall Commissioner Cardamone stated that Commissioners are requested to bring a good sense of humor to the Annual Goals Workshop; that a short video will be presented. B. stated that the Leadership Program of the Florida League of Cities (FLC), which she attended, was held the past three days in St. Petersburg; that the experience was enjoyable; that she was proud to be an elected official in the State of Florida; that many high caliber people who are very interested in their jobs were met; that being a part of a group of City Commissioners was nice; that a great deal was learned; that information was exchanged on the cable franchise situation; that several attendees were anxious to hear about the City's telecommunication towers ordinance; that considerable discussion concerning redevelopment occurred; that many young people are in City Commission posts throughout the State; that the FLC also invited the State School Board Officers, five of whom attended; that interesting planned group exercises were conducted, resulting in interesting group dynamics; that a demographer from Washington, D.C., made an excellent presentation and should be invited to Sarasota; that someone else from Sarasota should attend next year; that the information was appreciated; that the climax was a walk to the Titanic Exhibit, where every room was dedicated to a sponsor. COMMISSIONER MERRILL: A. thanked V. Peter Schneider, Deputy City Manager, and Duane Mountain, Manager, Streets, Landscape Maintenance and Solid Waste Management, for eliminating the graffiti in Whittaker Gateway Park within a day of his reporting the problem; that additional graffiti has been noticed on the sidewalk at the most northern parking space in Centennial Park. Commissioner Cardamone stated that graffiti has also been noticed on an electrical box near the railroad tracks on Shade Avenue. B. stated that a new neighborhood association has been formed in the Paver Park/Alta Vista Street area; that several of their meetings have been attended; that a concern with traffic led to the neighborhood activities; that the suggestion was made to call the Coalition of City Neighborhood Associations (CCNA) for assistance in getting started; that the response was the CCNA works with developed or already existing neighborhood associations; that his understanding was the CCNA assisted developing neighborhood associations as well. Commissioner Cardamone stated that the CCNA has materials on establishing neighborhood associations. COMMISSIONER PATTERSON: : A. stated that the recent rain has resulted in numerous street potholes all over the City, including Orange Avenue and Siesta Drive, the latter perhaps being the responsibility of Sarasota County; that any noticed potholes have been repaired soon after her reports; however, Staff should survey the area. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that Staff continuously surveys for streets in need of repair; that Commissioners are also encouraged to report problems to assure timely resolution. B. stated that the possibility of a bait stand at Centennial Park, which would not require a great deal of parking, had been discussed at one time; that one idea for consideration is to lease some land to the owner of the Siesta Key Fish Market to allow the relocation of the Siesta Key Fish Market historic building to the site for continued low key operation, i.e., selling fish and bait and renting boats; that the owner of the Siesta Key Fish Market would be interested in such an operation; that the operation would bring restrooms to Centennial Park; that the building would have to be designated as historic to avoid Federal Emergency Management Agency (FEMA) elevation requirements. Commissioner Merrill stated that the use would be low intensity and could be supported; that the Administration should investigate the concept. Commissioner Cardamone stated that the concept is interesting. Commissioner Patterson stated that the land investment at the current Siesta Key Fish Market is substantial and is not supported by the existing commercial enterprise; therefore, the owner started the small restaurant which has caused the neighbors' concern. Mayor Pillot stated that the Siesta Key Fish Market is the free enterprise system at work; that his opposition has been consistently expressed to any commercial development at Centennial BOOK 43 Page 16242 02/17/98 6:00 P.M. BOOK 43 Page 16243 02/17/98 6:00 P.M. Park; that the indication to him has repeatedly been that restrooms could not be installed. Commissioner Patterson stated that Staff presented a $250,000 proposal for installing restrooms; ; that if the proposal were accepted, the installation and maintenance cost would be borne by someone else. Mayor Pillot stated that careful consideration will be given prior to a vote on the proposal. VICE MAYOR DUPREE: A. stated that the Police Department is doing an excellent job along the Central Avenue corridor and is to be commended; that the law enforcement efforts have been sustained, which is marvelous. B. stated that the Economic Development Council (EDC) meeting was attended; that Sarasota County has an economic development plan which is very good; that the City should also consider developing an economic development plan to encourage businesses to come to the area; that North Port, where the next EDC meeting will be held, also has an economic development plan. MAYOR PILLOT: A. stated that Hillview Drive was badly flooded this morning, which is common; that the water normally recedes quickly, which did not occur; that Staff quickly took care of the problem and is to be commended. B. stated that Pamela Dorwarth is now home after her illness and is anxious to recommence her activities on the Citizens with Disabilities Advisory Board. Commissioner Patterson asked if the sidewalk on North Lockwood Road near Orchard Place, a 40-unit complex for the physically disabled, has been installed as requested by Ms. Dorwarth? Mayor Pillot stated no; that installation has been delayed; however, a dedication ceremony is planned when the sidewalk is complete. 18. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (1186) through (1380) DEPUTY CITY MANAGER SCHNEIDER: A. stated that the Welcome Rally for the Cincinnati Reds by the Downtown Association and the City is scheduled at Five Points Park on Friday, February 27, 1998, from 11:30 a.m. to 1:30 p.m. with a brief program at 12:00 noon; that Cincinnati Reds Players and Officials will be in attendance for an official welcome; that announcements will be posted at Downtown businesses. 19. ADJOURN (AGENDA ITEM XII) #2 (1380) There being no further business, Mayor Pillot adjourned the regular meeting of February 17, 1998, at 9:55 p.m. 4C GENE PILLOT, MAYOR - OT4 ATTES 3PE C * BILLYEC ROBINSON, CITY AUDITOR AND CLERK o BOOK 43 Page 16244 02/17/98 6:00 P.M.