Book 35 Page 9567 07/23/93 4:00 P.M. MINOTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 23, 1993 AT 4:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Nora Patterson, Commissioner Fredd Atkins, Mollie Cardamone and David Merrill, 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 10 of the Charter of the City of Sarasota at 4:00 p.m. The meeting recessed at 4:00 p.m. and reconvened at 4:10 p.m. and recessed again in order to complete the Budget Workshop discussions. The meeting reconvened at 6:05 p.m. Commissioner Merrill suggested that the Consent Agendas be moved forward on the agenda. It was the consensus of the Commission to move Consent Agenda No. 1 and Consent Agenda No. 2 ahead of Agenda Item I. 1. CONSENT AGENDA NO. 1 = ITEMS 1 AND 2 = APPROVED (AGENDA ITEM II) #1 (0130) through (0167) 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement between the Southwest Florida Water Management District and the City of Sarasota, for the Reclaimed Water Master Pumping Station and Transmission Line to Bayfront Park 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute an Award of Contract to APAC-Florida, Inc., for the Shade Avenue Improvement Project (R.F.P. No. 93-110) On motion of Commissioner Merrill and second of Commissioner Atkins, it was moved to approve Consent Agenda No. 1 Items 1 and 2. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. CONSENT AGENDA NO. 2 = ITEM 1 (RESOLUTION NO. 93R-667) = ADOPTED; ITEM 2 (RESOLUTION NO. 93R-668) = ADOPTED; ITEM 3 (ORDINANCE NO. 93-3701) - ADOPTED; ITEM 4 (ORDINANCE NO. 93-3703) = ADOPTED; ITEM 5 (ORDINANCE NO. 93-3704) ADOPTED; ITEM 6 (ORDINANCE NO. 93-3705) = ADOPTED; ITEM 7 (ORDINANCE NO. 93-3716) ADOPTED; ITEM 8 (ORDINANCE NO. 93-3725) ADOPTED; AND ITEM 9 (ORDINANCE NO. 93-3726) - ADOPTED (AGENDA ITEM II-B-1, -2, -3, -4, -5,) #1 (0168) through (0376) Commissioner Merrill requested that Item 2 be removed for discussion. City Auditor and Clerk Robinson read proposed Resolution No. 93R-667 and proposed Ordinance Nos. 93-3701, 93-3703, 93-3704, 93-3705, 93-3716, 93-3725, and 93-3726 by title only. 1. Adoption Re: Proposed Resolution No. 93R-667, authorizing the issuance under the provisions of Section 211 of the Bond Resolution (as defined herein), of not exceeding $20,000,000 Water and Sewer System Revenue Refunding Bonds of the City of Sarasota, Florida for the purpose of providing funds to advance refund all or any portion of the $15/210,000 outstanding principal amount of the City of Sarasota, Florida Water and Sewer System Revenue Bonds, Series 1991, dated November 1, 1991, the proceeds of which were used to acquire and construct certain improvements to the water and sewer system of the City of Sarasota, Florida; delegating the authority to fix certain details of the bonds herein authorized and the refunding of the bonds to be refunded (as hereinafter defined), to approve the final form of the official statement and to deem the preliminary official statement final within the meaning of Rule 15C2-12 of the Securities and Exchange Commission, to approve the final form of the Contract of Purchase with the Underwriters and to determine whether the bonds herein authorized shall be insured to the Finance Director of the City under the conditions stated herein; etc. (Title Only) 3. Adoption Re: Second reading of proposed Ordinance No. 93-3701, amending the zoning code to provide definitions for the following terms: game room and floor area ratio, as set forth herein; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 93-3703, amending the Zoning Code, Section 9-10, pertaining to noncontorming uses: providing that nonconforming structures, the use of which are not amortized by Section 9-5(J) Zoning Code, may be repaired to a value in excess of ten percent of the current assessed valuation of the structure during any twelve month period of time; setting forth findings; providing Book 35 Page 9568 07/23/93 4:00 P.M. Book 35 Page 9569 07/23/93 4:00 P.M. for the severability of parts hereof if declared invalid; repealing ordinances in conflict; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 93-3704, amending the zoning code, Sec. 12-16, pertaining to landscaping requirements so as to provide that an existing property, having an off-street parking area in excess of 1,500 square feet or 5 parking spaces, and which is not entirely visually screened by an intervening building or structure from an abutting right-of-way, shall be required to provide landscaping when the cost of the expansion or alteration of an existing structure or building is fifty percent or more of the assessed value of the building or structure and the addition of the landscaping will not reduce the parking spaces by more than five percent; setting forth findings; providing for the severability of parts hereof if declared invalid; repealing ordinances in conflict; etc. (Title Only) 6. Adoption Re: Second reading of proposed Ordinance No. 93-3705, amending the zoning code as to the intent and purpose of the Office, Professional, Business (OPB) and Office, Professional, Business-1 (OPB-1) Zone Districts; providing that the OPB and OPB-1 Zones shall be deemed commercial districts; defining terms; amending Section 6-29, zoning code, to be consistent with the commercial nature of the OPB and OPB-1 Zones; setting forth findings; providing for the severability of the parts hereof if declared invalid; repealing ordinances in conflict; etc. (Title Only) 7. Adoption Re: Second reading of proposed Ordinance No. 93-3716, amending the procedures for processing proposed rezoning and special exception petitions by requiring petitioners to hold neighborhood-workshops, as set forth herein; making findings as to need; providing for the severability of the parts hereof; repealing ordinances in conflict; etc. (Title Only) 8. Adoption Re: Second reading of proposed Ordinance No. 93-3725, providing for the designation of the structure located at 1296 First Street, historically known as the I. R. Burns and H. H. Bell Commercial Building, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 93-HD-16, Lorrie Muldowney & J. Whitcomb Rylee) 9. Adoption Re: Second reading of proposed Ordinance No. 93-3726, providing for the designation of the structure located at 3035 Bay Shore Road, historically known as the Ashton Home, as a structure of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 93-HD-15, Lorrie Muldowney & J. Whitcomb Rylee) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2 Items 1, 3, 4, 5, 6, 7, 8, and 9. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes. 2. Adoption Re: Proposed Resolution No. 93R-668, expressing support for a County Feasibility Study of a conference center; etc. (Title Only) Commissioner Merrill stated that since the County Commission does not want the support of the City Commission he does not feel this Resolution is necessary. City Auditor and Clerk Robinson read proposed Resolution 93R-668 by title only. Mayor Pillot stated that when he read the (newspaper) article a few days ago he was peeved and felt the - Resolution was unnecessary until Commissioner Atkins pointed out at yesterday's Budget Workshop that the City Commission should say what it believes. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to adopt Consent Agenda No. 2 Item 2. Mayor Pillot requested that City Auditor and Clerk proceed with the roll-call vote. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes.; Pillot, yes. 3. CITIZENS' INPUT (AGENDA ITEM III) #1 (0378) through (0379) There was no one who wished to speak. 4. OTHER MATTERS (AGENDA ITEM IV) #1 (0380) through (0382) There were no other matters to come before the Commission. 5. APPROVAL RE: SETTING OF MILLAGE LEVY FOR FISCAL YEAR 1993/1994 - APPROVED PRELIMINARY MILLAGE RATE OF 5.402 (AGENDA ITEM I) #1 (0383) through (1535) Gibson Mitchell, Finance Director, came before the Commission and distributed a copy of Certification of Taxable Value" which would Book 35 Page 9570 07/23/93 4:00 P.M. Book 35 Page 9571 07/23/93 4:00 P.M. set the millage for 5.270 (a copy of which is on file in the Office of the City Auditor and Clerk) to the Commissioners. Mr. Mitchell stated that the TRIM Bill (Truth In Millage) requires that the Commission set an adopted millage rate so that the Property Appraiser and the Tax Collector can send out Truth In Millage tax notices notifying all citizens what the City proposes to do regarding taxes; that once the Commission adopts a millage rate tonight and it is given to the proper authorities on August 4, the Commission will only have the ability to lower the millage rate because if the Commission decided to raise the millage rate set today, all property owners would have to be notified of the increase by certified mail. Mr. Mitchell continued that the property value increased to $2,572,575,612 which creates a rolled-back rate of 5.233 mills. Mr. Mitchell stated that the proposed millage rate of 5.270 would increase ad valorem taxes to the General Fund by the round amount of $271,000, which is already in the proposed budget. Mayor Pillot stated that he understands that the Truth In Millage Bill says that unless a millage rate is levied that yields the same dollars or fewer dollars in tax collections than the previous year, the percentage of increase in tax dollars received must be shown even if the rate has not changed; that because the City's nonexempt tax roll is a little larger in the upcoming year than in the current year, keeping the millage rate the same, 5.27, will yield approximately .7% increase in taxation "tothe taxpayers of the City of Sarasota. Mr. Mitchell stated that was correct. Commissioner Cardamone asked what the .7% increase would generate in dollars? Mr. Mitchell stated that the increase would generate $271,000. Vice Mayor Patterson stated that . 7% could not generate $270,000. Mr. Mitchell stated that the City has a redevelopment area and he must subtract the redevelopment area out of the gross amounts. Vice Mayor Patterson asked what percent a non-TIF area property owner's taxes increase would be by the increase in valuation of property? Mr. Mitchell stated there was no way he could know the answer to that because the total value in the City went up, but the total value of the redevelopment area went down; that the Property Appraiser has the ability to calculate this. Mr. Mitchell stated that the certified value of the redevelopment area is $493 million, which is an increase of $82 million from the base year; that he subtracted $82 million out of the $2,572,575,612 (certified gross taxable value) resulting if $2,490,550,833; that 95% of $2,490,550,833 is $2,366,023,291 times 5.270 mills would yield $12,468,943 to the General Fund. Mayor Pillot stated that 1 mill of budgetable tax revenue is $2,366,023 to the General Fund. Mr. Mitchell stated that was correct. Vice Mayor Patterson asked how much the income of the City would increase if the millage remained the same as last year? Mr. Mitchell stated that the increase would be $271,360. Commissioner Merrill stated the figure ($271,360) was above budget; that above last year's actual estimate it would be only $160,000. Mr. Mitchell stated that was correct; however, the figure would be over the budgeted figure because of delinquent taxes; that he has no way of knowing when delinquent taxes will be paid. Mr. Mitchell stated that when the redevelopment area value goes down, the. General Fund's contribution by ad valorem taxes goes up because he does not have to give the growth to the redevelopment area. Vice Mayor Patterson asked what millage would be necessary to cover the deficit left after adjustments are made to the budget. Mr. Mitchell stated that would require a millage rate of 5.339 and would be a 2.03% increase from the roll-back rate. Vice Mayor Patterson stated that the Commission has not resolved the issue of laying off seven fire fighters; that she is concerned about the loss of the use of one fire engine if seven fire fighters are laid off. On motion of Vice Mayor Patterson and second of Commissioner Atkins, it was moved to approve a preliminary millage of 5.402 for Fiscal Year 1993-94. Motion carried (3 to 2): Atkins, yes; Cardamone, yes; Merrill, no; Patterson, yes; Pillot, no. On motion of Commissioner Atkins and second of Vice Mayor Patterson, it was moved to adopt the budget as amended through the Commission's discussions and as would be supported by a maximum millage of 5.402. Mayor Pillot stated that he will vote against this motion because he cannot support a budget that cuts CSAS (Community Service Aides) and may possibly cut fire fighters and other civilian positions that he feels are essential and important to the City. Commissioner Merrill stated that his position is that the City must learn to live within the tax millage rates and not keep raising millage rates each year; that the long-term financial planning for the City requires the Commission to look at consolidation and annexation. Book 35 Page 9572 07/23/93 4:00 P.M. Book 35 Page 9573 07/23/93 4:00 P.M. Commissioner Cardamone stated that she is in favor of the motion because it keeps the Commission's options open but she may vote against a millage increase in September after the public hearings are held. Vice Mayor Patterson stated that if Commissioner Cardamone wants the option of voting for no millage increase at all in September, she suggests that Commissioner Cardamone instruct the Administration to find an additional $160,000 in budget cuts, unless Commissioner Cardamone is prepared to take this amount out of reserves. Mayor Pillot stated that he respectfully disagreed with Commissioner Merrill's statement that the City needs to learn to live within the millage; that he believes the Commission's responsibility is to determine the services that this City needs and provide the funding for those services. 6. ADJOURN (AGENDA ITEM V) #1 (1537) The Special Meeting of the Sarasota City Commission was adjourned at 6:52 p.m. 2 GENE M. PILLOT, MAYOR ATTEST: 3illye Ralunsen BILLY E.CKOBINSON, CITY AUDITOR AND CLERK