Book 36 Page 10325 03/21/94 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 21, 1994, AT 6:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins, Mollie Cardamone and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Patterson stated that the Special Presentations regarding the Mayor's Citation to Ed Smith for dedicated service to youth in the area and his service as President of the Sarasota Sports Committee, has been removed per her request. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR FEBRUARY 1994, LORI D. PALAMA, PERSONNEL TECHNICIAN II, DEPARTMENT OF HUMAN RESOURCES #1 (0029) through (0105) William C. Davenport, Director of Human Resources, and Larry Lovejoy, Employee Services Manager, came before the Commission and introduced Lori Palama, Personnel Technician II. Mr. Davenport stated that Lori will have been employed with the City for five years in May of this year and has done an outstanding job the entire time; that she is responsible for interviewing applicants for certification as Police Officers or Fire Fighters, New Employee Orientation, and many other varied tasks relating to Employee Services; that her dedication to her job has earned her many accolades from the public; that Lori has exemplified the City of Sarasota's "Employee of the Month" program, and that she certainly serves with excellence and pride. Mayor Patterson presented Ms. Palama with a plaque and certificate for "Employee of the Month" February 1994 and congratulated her for her outstanding efforts. 2. PRESENTATION RE: LETTER OF APPRECIATION TO FIRE/RESCUE BUREAU CHIEF JULIUS HALAS, FROM THE ALARM ASSOCIATION OF FLORIDA, INC. #1 (0107) through (0160) Mayor Patterson requested that Julius Halas, Chief of Public Safety Fire-Rescue Bureau, come before the Commission. Mayor Patterson read the letter of commendation from Art Stinson, Executive Director of the Alarm Association of Florida, Inc. (on file in the Office of the City Auditor and Clerk) and presented Fire Chief Halas with a plaque for his contribution in helping bring the Model Alarm ordinance to a successful conclusion. Mayor Patterson stated that the City was fortunate to have such a professional Fire Department responding to the airplane crash which occurred at Marina Jack last night. 3. PRESENTATION RE: EXPRESSION OF APPRECIATION FROM PARTNERSHIPS & ALLIANCES LINKING SCHOOLS (PALS), TO THE CITY OF SARASOTA AND THE CHICAGO WHITE SOX FOR PARTICIPATION IN THE PARTNERSHIP BETWEEN BOOKER MIDDLE SCHOOL AND THE ED SMITH STADIUM #1 (0170) through (0420) Ms. Lou Piotrowski, Coordinator of PALS, came before the Commission and stated that PALS is Partnerships & Alliances Linking Schools; that PALS believes the whole community raises each and every child; that as volunteers and speakers come into the classroom and students go out into the community, good things happen; that three weeks ago she met with Mayor Patterson, City Manager Sollenberger, and Sports Facilities Manager Pat Calhoon who arranged a jump start for the partnership between the Ed Smith Stadium and Booker Middle School with a trip to a White Sox Game; that within a few days, all 1,200 students were able to attend a White Sox Game which was exciting for the students; that the trip (and the partnership) was exciting for a variety of reasons: The students can write about their experience; learn about City government which runs the stadium; and have mentors of the (Sarasota Red Sox) come into the classroom and show the students teamwork and explain the importance of education. Ms. Piotrowski thanked Mayor Patterson and Mr. Sollenberger for facilitating the meeting, and Pat Calhoon for making this opportunity available. Mayor Patterson requested that Pat Calhoon come before the Commission and be recognized. Ms. Piotrowski stated that the Booker Middle School has a program called Dreamers and Doers; that Dreamers and Doers are students who have a dream and follow it by showing courage and constancy; that the school nominates students who exemplify these qualities and those students make a video tape answering the following questions: Book 36 Page 10326 03/21/94 6:00 P.M. Book 36 Page 10327 03/21/94 6:00 P.M. 1. If you could spend a day with someone living or dead who would it be and why? 2. What problem do you think faces the world and how would you fix it? Ms. Piotrowski stated that one student chose to talk about a citizen in Sarasota who has made a big impact on him, and asked the Commission to view that student's video tape. A video tape of Trenton Davis, a student at Brookside Middle School, was shown in the Commission Chambers, wherein Mr. Davis stated that Commissioner and former Mayor Atkins was the citizen with whom he would like to spend a day. Commissioner Atkins stated that would like to meet Mr. Davis (and give Mr. Davis the opportunity to spend the day with him, as desired). . Commissioner Pillot stated that he would like to announce that he had spoken with a police officer who told him of an instance where the City's Fire-Rescue Bureau worked diligently to revive a citizen who the police thought to be deceased; and that the man was now doing well because of the Fire-Rescue Service personnel's intent not to give up. 4. CHANGES TO THE ORDERS OF THE DAY -= APPROVED #1 (0433) through (0470) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: 1. Remove under Consent Agenda No. 1, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract for professional services with Post, Buckley, Schuh and Jernigan, Inc., (R.F.P. #94-52) for the feasibility assessment of the expansion of the City's wastewater treatment service area. 2. Add under New Business, Item No. VIII-3, Approval Re: Authorize the sale of the Human Resources Building located at 1551 2nd Street, Sarasota, Florida. 3. Add under New Business, Item No. VIII-4, Discussion Re: Legislative Issues. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. APPROVAL OF MINUTES: APPROVAL RE: MINUTES OF THE SPECIAL MEETING OF MARCH 1, 1994, AND MINUTES OF THE REGULAR CITY COMMISSION MEETING OF MARCH 7, 1994 -= APPROVED (AGENDA ITEM I) #1 (0466) through (0470) On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved (to approve the minutes of the Special Meeting of March 1, 1994, and the minutes of the Regular Meeting of March 7, 1994). Motion carried unanimously (5 to 0): Atkins, yesi Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 6. BOARD ACTIONS There were no Board Actions. 7. CONSENT AGENDA NO. 1, ITEM NO. 6 - - REMOVED IN THE CHANGE TO THE ORDERS OF THE DAY; ITEM NOS. 1, 2, 3, 4, 5, AND 7 APPROVED (AGENDA ITEMS III-A, -1, -2, 3,-4-5,-6,-7 #1 (0472) through (0502) 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract for professional services with Post, Buckley, Schuh and Jernigan, Inc., (R.F.P. #94-52) for the feasibility assessment of the expansion of the City's wastewater treatment service area Mayor Patterson stated that Item no. 6 has been removed in the Change to the Orders of the Day. 1. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute a First Amendment to the Agreement for engineering services with Boyle Engineering Corporation, Inc., (R.F.P. #93-42) for the Urban Reclaimed Water Reuse System 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract for professional services with Boyle Engineering Corporation, (R.F.P. #94-51) for Urban Reclaimed Water Line Expansion 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement with J.L. Cooley and Associates, for the North Tamiami Trail Beautification Project 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to the Agreement between City of Sarasota and the Southwest Florida Management District (SWFWMD), for the Tuttle Avenue Reclaimed Water Transmission Line Book 36 Page 10328 03/21/94 6:00 P.M. Book 36 Page 10329 03/21/94 6:00 P.M. 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Rice Williams As- sociates, to provide the proposed Franchise Cable T.V. Study 7. Approval Re: Award Purchase Order Contract to Venice Construction Cleanup, Nokomis, Florida, (Bid #94-62) for tree trimming services On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, Items 1, 2, 3, 4, 5, and 7. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 8. CONSENT AGENDA NO. 2 - ITEM 1 (RESOLUTION NO. 94R-722) ADOPTED; ITEM 2 (ORDINANCE NO. 94-3772) ADOPTED; ITEM 3 (ORDINANCE NO. 94-3776) ADOPTED; ITEM 4 (ORDINANCE NO. 94-3777) = ADOPTED (AGENDA ITEM III-B) #1 (0503) through (0586) Mayor Patterson stated that information needs to be added to Item No. 1 Resolution No. 94R-722; that the proposed resolution is a request for funding from the Florida Boating Improvement Program in the amount of $200,000; that the amount was omitted on the resolution in the agenda packets. City Auditor and Clerk Robinson read proposed Resolution No. 94R-722, and proposed Ordinance Nos. 94-3772, 94-3776, and 94-3777 by title only. 1. Adoption Re: Proposed Resolution No. 94R-722, pertaining to the deterioration of the seawall at the northwesterly portion of Ken Thompson Park; making findings as to the potential for significant interference with vessel navigation in the New Pass Channel in the event that the seawall should fail; authorizing the City Manager to seek funding from the Florida Boating Improvement Program, through Sarasota County, to replace the seawall; etc. (Title Only) 2. Adoption Re: Second reading of proposed Ordinance No. 94-3772, providing for the designation of the structure located at 1707 Bahia Vista Street, historically known as the Dolph & Laura Albritton House, as a structure of his- toric significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 94-HD-02, Mikki Hartig) 3. Adoption Re: Second reading of proposed Ordinance No. 94-3776, providing for the designation of the structures located at 908 Pomelo Avenue, historically known as the Theodore W. Redd/Augustus M. Wilson House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 94-HD-06, Mikki Hartig) 4. Adoption Re: Second reading of proposed Ordinance No. 94-3777, providing for the designation of the structures located at 1735 Bahia Vista Street, historically known as the Olive Brink House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; etc. (Title Only) Petition No. 94-HD-07, Mikki Hartig) On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 2, Items 1 through 4. Mayor Patterson 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; Pillot, yes; Patterson, yes. Mayor Patterson stated that public hearings are advertised for 6:30 p.m. Since it was not that time, it was the consensus of the Commission proceed to Unfinished Business, Agenda Item VII-1. 9. UNFINISHED BUSINESS: REPORT RE: STATUS OF GILLESPIE PARK NEIGHBORHOOD ACTIVITIES - 1869 FOURTH STREET APPROVED SALE TO CHC FOR $9,624.18 AND APPROVED CDBG LOAN FOR $10,213.18 (ESTIMATED CLOSING COSTS AT $589.00); 1644-46 EIGHTH STREET AND 1853 FIFTH STREET APPROVED AGREEMENT AND AUTHORIZED THE ADMINISTRATION TO SELL PROPERTIES TO CHC AT A PRICE INCLUDING REHABILITATION NOT TO EXCEED $72,000; PERMITTED COMMUNITY DEVELOPMENT DEPARTMENT TO IMPLEMENT A POLICY FOR CONVERSION OF RENTAL PROPERTY IN THE GILLESPIE PARK NEIGHBORHOOD TO OWNER- OCCUPIED HOUSING WHEN THE ACQUISITION PRICE EXCEEDS THE RESALE PRICE (AGENDA ITEM VII) #2 (0587) through (0819) Donald Hadsell, Community Development Director, came before the Commission, and stated that the following initiatives are included in his quarterly report to the Commission on activities in the Gillespie Park neighborhood: 1869 Fourth Street - Request for the sale of this property owned by the City to the Community Housing Corporation (CHC) Mr. Hadsell stated that this property was acquired through foreclosure of existing demolition liens; that the Administration recommendation is that the City sell the property to the CHC for costs incurred for receiving the property which total $9,624.18; and that the City loan Community Development Block Grant (CDBG) Book 36 Page 10330 03/21/94 6:00 P.M. Book 36 Page 10331 03/21/94 6:00 P.M. funds to the CHC in the amount of $9,624.18, plus closing costs estimated at $589.00. 1644-46 Eighth Street and 1853 Fifth Street the Administration has negotiated a purchase arrangement with property owner Bruce Ross to sell the Fifth Street properties to the Community Housing Corporation and the Eighth Street properties to the City. Mr. Hadsell stated that this is a proposal to purchase properties; that the purchase of the Fifth Street property for demolition of the two structures on the property came before the Commission during his last quarterly report; however, clear title has not been obtained because the property is mortgaged together with the Eighth Street property; that it is proposed to purchase both sites to permit the demolition of the Fifth Street houses and construction of one house, and the renovation of two properties on Eighth Street; that the Fifth Street property is across the street from where (Community Development) has built five new homes, and the Eighth Street property is adjacent to the earlier homes (Community Development) has constructed. Mr. Hadsell stated that the Administration recommendation is to approve the negotiated agreement between the City and Bruce Ross to permit the demolition of the Fifth Street houses and the renovation of two properties on Eighth Street; and that the Administration be authorized to sell the Eighth Street properties to the CHC at a price whereby the CHC's total investment, including rehabilitation, will not exceed $72,000. Conversion of Rental Property to Owner-occupied Housing Mr. Hadsell stated that this matter is a departure of the policy undertaken in the past which was to try and break even or hopefully make money, on each of the Gillespie Park projects; that the next step the City needs to take is to begin increasing owner-occupancy in Gillespie Park, an investment which may involve losing CDBG dollars; that for instance, the City can obtain a property on Eighth Street at a $4,000 loss and convert it from rental to owner- occupied. Mr. Hadsell continued that (Community Development) wanted Commission concurrence on the City Manager's recommended policy before proceeding. Commissioner Pillot asked for clarification on the intent of the policy? Mr. Hadsell stated that the intent is to continue to break even or better on the majority of the properties. Mr. Hadsell stated that the Administration's recommendation is to concur with the City Manager's recommended policy to acquire property in the Gillespie Park neighborhood for conversion of rental property to owner-occupied when the acquisition price exceeds the resale price; to permit the Community Development Department to implement this policy, subject to the approval of the City Commission of each individual property prior to acquisition. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the three recommended motions as presented by the Administration. Mayor Patterson asked for the City's total investment to accomplish all three motions? Mr. Hadsell stated the following: Motion 1: that (9,624.18), has already been expended by the City; that it is proposed to use CDBG dollars to reimburse the City, plus closing costs; that (the CDBG funds) would be recovered when the property is sold. Motion 2: that $70,000 for acquisition and approximately $22,000 is necessary to complete the renovation on the property for a total of $92,000. Motion 3: that no dollar amount is attached to this motion. Commissioner Pillot asked for clarification of statement #2 in comparison to the Administration recommendation "not to exceed $72,000." Mr. Hadsell stated that the ($72,000) would be the sale price (to CHC); that this property would be the first property presented to the Commission at a loss to the City; that the current homeowner would be taking an $18,000 loss of the predicted $20,000 loss on this property. Mayor Patterson repeated the motion as to approve the (Administration) recommendation to proceed with all three items as discussed. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson stated that it was still not 6:30 p.m., and the Commission will move on to New Business Item VIII-1. 10. NEW BUSINESS: APPROVAL RE: ESTABLISHMENT OF THE POSITION OF GRANTS AND EDUCATIONAL/OUTREACH PROGRAM ADMINISTRATOR. FOR VAN WEZEL PERFORMING ARTS HALL = APPROVED THE ESTABLISHMENT OF A POSITION TO BE FUNDED BY THE VAN WEZEL PERFORMING ARTS HALL FUND BALANCE (AGENDA ITEM VIII-1) #2 (0820) through (1018) City Manager Sollenberger stated that the establishment of a fund raising position was recommended in the Long Range Plan for Van Book 36 Page 10332 03/21/94 6:00 P.M. Book 36 Page 10333 03/21/94 6:00 P.M. Wezel Performing Arts Hall (VWPAH) prepared by AMS Research, Inc.; that a proposal for the position was to be submitted during budget session last year based on a 60/40 split with 60% of the position allocated to and funded by Van Wezel, and the balance by the General Fund for general government activities; however, the Van Wezel Advisory Board felt that the position should be entirely allocated to the Van Wezel; that the recommendation was dropped pending employment of a new Executive Director for VWPAH; that the position has been discussed with the Executive Director and is now before the Commission; that it is requested to establish the position, and that it be funded from the fund balance of the VWPAH. Mr. Sollenberger continued that the report submitted by AMS Research, Inc. on the master plan established a rational for the wisdom of having such a position; that the position will aid in obtaining funding, noting necessary improvements to the building and the change-out of the seating; that the (consultant's) report noted that although the VWPAH has the reputation of attracting the wealthy, many attenders are retirees on fixed incomes; that AMS Research, Inc., recommended fundraising activities which would increase annually; that the VWPAH has operated in the black and it is desired to continue operating the VWPAH with funding sources other than the City's general fund; therefore, he recommends this position; that the position would also have the additional responsibility of education and outreach to bring cultural activities into the community and schools. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to (approve the position of Grants and Alucational/Outreach Program Administrator for Van Wezel Performing Arts Hall and fund the establishment of the position from the fund balance of the VWPAH fund balance). Vice Mayor Merrill stated that the duties of the position seem to require different skills, soliciting funds versus outreach; and asked if the City Manager feels one person could successfully combine these skills? Mr. Sollenberger stated that similar skills can be employed by a person in this position; however, emphasis will be focused on fundraising skills to achieve the City's corporate objectives. Mayor Patterson called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 11. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 94-3765, AMENDING ARTICLE IX OF THE ZONING CODE PERTAINING TO NON-CONFORMING USES OF STRUCTURES IN ALL RESIDENTIALLY ZONED DISTRICTS: EXTENDING BY FIVE YEARS THE DATE BY WHICH CERTAIN NON-CONFOR- MING USES OF STRUCTURES SHALL BE TERMINATED OR THE STRUCTURE ALTERED AND CONVERTED TO A BUILDING DESIGNED FOR A USE PERMITTED IN THE RESIDENTIALLY ZONED DISTRICT IN WHICH IT IS LOCATED; MAKING FINDINGS AS TO THE NEED FOR SAID EXTENSION: ETC. (TITLE ONLY) TABLED ITEM UNTIL THE FIRST REGULAR COMMISSION MEETING IN APRIL; AND PROPOSED RESOLUTION NO. 94R- 721, PROCEDURE TO RESOLVE NON-CONPORMING USES IN RESIDENTIAL ZONE DISTRICTS; ETC. (TITLE ONLY) TABLED ITEM UNTIL THE FIRST REGULAR COMMISSION MEETING IN APRIL CONSENSUS TO HAVE CITY ATTORNEY TO LOOK INTO TWO ISSUES: 1) WHETHER THE SUBSTANTIAL PUBLIC EVIDENCE THAT THE STORE LOCATED AT 1703 CENTRAL AVENUE IS NOT A WELCOME INTRUSION TO A NEIGHBORHOOD IS ACCEPTABLE, AND 2) IF ACTION AGAINST THE PROPERTY OWNER IS POSSIBLE UNDER THE PUBLIC NUISANCE LAW (AGENDA ITEM VII-1) #1 (1018) through #2 (0600) City Manager Sollenberger stated that this is a City initiated petition; and that (the Administration) recommends that proposed Ordinance No. 94-3765 and Resolution No. 94R-721 be passed. Mike Taylor, Deputy Director of Planning and Development, came before the Commission and stated that proposed Ordinance No. 94-3765 will extend the amortization period for certain non- conforming uses in residential zones for 5 years; that the proposed ordinance was introduced on December 20th to the Commission who directed that this ordinance be reviewed by the Planning Board; that the Planning Board met on January 5th and recommended approval by a 5-0 vote. Mr. Taylor stated that proposed Resolution No. 94R-721 identifies the process the Staff will follow in order to provide the city Commission with sufficient information to make a judgement about the continuation of each non-conforming use (NCU) in Residential Zone Districts; that the procedure is proposed as follows: 1. Inventory and recording of all non-conforming uses. Mr. Taylor stated that this process already has been started; that in addition to the 30 NCUS listed in the agenda packets, a property located on 1531 Stringfield Avenue has been identified, which brings the current total of NCUS to 31. Book 36 Page 10334 03/21/94 6:00 P.M. Book 36 Page 10335 03/21/94 6:00 P.M. 2. Identify parcel and neighborhood characteristics by analysis including the origination of the NCU. 3. Evaluate and identify alternative actions which would require professional assistance. 4. Present the Commission with the evaluation and request Commission action on a preferred alternative. 5. Initiate the preferred alternative. Mr. Taylor stated that an initiative to take no action would allow the five-year amortization to eliminate a particular property use; that various alternatives could be initiated such as: amending the Comprehensive Plan to rezone the property to a particular land use, amending the Zoning Code, designating the property historical or granting it a special exception; that the implementation phase will take some time; however, the (Planning Staff) hopes to come before the Commission by late summer/early fall to request Commission direction on each of the 31 structures; that a public hearing would then be held to allow the property owners and the affected neighborhoods the opportunity to express their concerns to the Commission. Mr. Taylor stated that approval of this proposed ordinance and resolution is requested; that authorization to use $4,500 from the Planning Department budget for professional assistance is also requested. Mayor Patterson stated that the Commission will be endorsing the procedures if the resolution is passed; however, the resolution makes no attempt to address the fact that non-conformities on these properties may have increased substantially or changed since 1974; that the Staff should make an attempt to quantify these increases or changes which were not intended to occur (when the amortization period was passed) 20 years ago; that the burden should fall on the property owner to demonstrate existence of the NCU before 1974 as is required by the County on their NCUS. Mr. Taylor stated that a history will be accumulated on each property; that each property owner has been notified and asked to provide the City with any additional information which could legitimize the use or explain the existing NCU. Mayor Patterson stated that she is referring to what existed in 1974, not what exists today, of which there is no mention in the proposed resolution or the explanation of the resolution; that as a property owner it would be assumed that what existed today is what will be "grandfathered in" for five years and is what the Commission will address; that the resolution should be clarified. Commissioner Pillot stated that he doesn't see the relevance of what existed 20 years ago, but certainly sees the relevance of what exists today. Commissioner Atkins stated that he is concerned that the relevance of what existed 20 years ago and what exists today could have a great degree of difference with regard to defending the NCU legally; that it is important that what happened 20 years ago does not negatively impact the decision rendered by this Commission or a judge; and asked when the five-year amortization becomes effective? City Attorney Taylor stated that the ordinance would be effective upon adoption at second reading; however, the period of time stated in the ordinance as the expiration of (the 20-year amortization) was January 10, 1994; therefore, the (5-year amortization) would relate back to January 10, 1994, (and expire on January 10, 1999). Vice Mayor Merrill stated that what existed in 1974 may have a bearing. Mr. Taylor stated that the intent (of the Planning Staff) is to show what existed in 1974 through now to the extent possible. Mayor Patterson stated that the Siesta Fish Market is a clear example of how the process could work; that the property has always operated as a wholesale fish market and has always smoked mullet; that today, lunches are prepared and served on picnic tables by the water; that she has no idea whether the picnic tables existed in 1974; however, subsequent to the City Commission public hearing (to designate the structure historical), the owner put in more tables and, essentially, created a 20-seat restaurant; that by "grandfathering in" this NCU for 5 years, an increase in non- conformity has been allowed, although the Clear intent of the Commission in 1974 was to phase out all the NCUS. Mayor Patterson continued that it seems her position is in opposition to Commissioner Pillot's position because her concern is what existed at the time the Commission said, "We really don't want these uses in residential areas." Commissioner Pillot stated that he doesn't believe he and the Mayor are in as much opposition as it may appear; that the staff has identified 31 properties which are still non-conforming to the current status of the City of Sarasota Zoning Code; that if the properties were conforming, they would have complied with the 20 year phase out as of January 10th; that his position is that the relevant additions are those as of January 10, 1994, which are the only things the Commission can go by with certainty; that it is doubtful that what use existed 20 years ago can be documented with certainty; however, the Siesta Key Fish Market example is very significant; that he would strongly support the Mayor's position and find it unacceptable if, in fact, that owner said, "oh what the heck, it looks as though the Commission is going to extend (the Book 36 Page 10336 03/21/94 6:00 P.M. Book 36 Page 10337 03/21/94 6:00 P.M. NCU) for five years, I may as well take advantage of that and add more (non-conformities) after January 10th." Mayor Patterson stated that Commissioner Pillot is correct about the certainty issue; however the Staff can make a reliable judgement call based on documentation presented by the owner; that a minute market which existed in 1974 on a residential piece of property could have doubled its size in the year 1990; that this is an example of doubling a NCU which would be "grandfathered in" for an additional 5 years and may well be "grandfathered in" forever; that this type of situation is what concerns her. Commissioner Cardamone stated that in reference to the original question asked of Mr. Taylor, she thought the statement "and other relevant background information which will facilitate the evaluation" under Task II Identify Parcel/Meignborhod Characteristics: would cover (inclusion of) the NCU for which the property was originally declared; that for example, one doctor's office on a residential street that over the years has become three doctors in one office with a lab, seven employees, and 40 patients in the morning and 40 patients in the afternoon would be an increased use of the NCU; that in that instance, she would expect the report to state that the property was "grandfathered in" for one doctor and is now being used by three doctors, and that information would be used by the Commission to make their judgement. Mr. Taylor stated that is the Planning Staff's goal. City Attorney Taylor stated that since this is a resolution for the City's administrative purposes, he would suggest that the following statement could be inserted in the task language: "the profile shall include a determination of the nature of the non-conformity as it existed January 10, 1974, to the extent that it is practical to do so." Commissioner Pillot stated that the wording used by the City Attorney will be very useful if positions do not change during the public hearing. Mayor Patterson stated that perhaps there is Commission consensus. City Manager Sollenberger stated that the Administration recommends passage on first reading of the ordinance and recommends adoption of the resolution as submitted, unless the Commission desires to make the modifications as discussed which would be acceptable to the Administration for clarification. Mayor Patterson opened the public hearing. The following people came before the Commission: Frank Colson, 1666 Hillview Street and Mikki Hartig 3708 Flores Avenue, representing Colon School of Art. Mr. Colson stated that the Colson School of Art has been a continuing art school which existed long before the 1974 ordinance; however, the activity level at the school has decreased by 50% since 1980 when scheduled classes and advertisement were eliminated; that Classes are currently conducted by appointment; and that the school has always had its own parking facilities. Ms. Hartig stated that it is her understanding that some of the NCUS were buildings which were not built or constructed for uses other than non-residential and that some of the 31 NCUS are currently considered illegal uses; that Mr. Skirball's property on Orange Avenue, built in the 1920s, and Mr. Colson's property, built in the 1940s, are buildings which were originally built and constructed as owner-occupied businesses; that many other artist schools, galleries, and homes were located in the vicinity of the Colson property when (former owner) Hilton Leech built the Amagamsett art school prior to residential development; that neighborhoods are not just residences; and that the Osprey Avenue Corridor and Hillview (Street) ambiance as the core of an art colony in the 1950s existed before zoning changes were made. Ms. Hartig presented the Commission with a map locating galleries and art schools, and stated that the dots represent the properties existing in Sarasota in 1952 which helped make Sarasota a cultural center; that Mr. Colson's school is the only remaining art school of all the schools located in (the Osprey Avenue/Hillview Street) area. Ms. Hartig stated that she requests that the Staff separate the properties between legal, illegal, and historically based uses during the evaluation phase; that the historic properties should be separated to have the intended use of the property before 1974 individually addressed. Ms. Hartig continued that the historic associations and buildings helped make Sarasota and the neighborhoods what they were; that the buildings were accepted as part of the neighborhood when property owners built around these historic buildings which had combined residential and office/school uses; that special consideration should be taken by Staff during their review of these properties. Commissioner Cardamone requested that Mike Taylor come before the Commission to clarification that each of these properties would be treated separately and individually in their characteristics and designation. Mr. Taylor stated that each property and neighborhood will be looked at uniquely; that the illegal uses consist of NCUS created subsequent to 1974; and that the legal and illegal NCUS have been separated. Verona Warkentin Simmons, 1480 17th Street, presented the Commission with a photograph of her property, and stated that she is an artist and the building shown is her art studio; that the Book 36 Page 10338 03/21/94 6:00 P.M. Book 36 Page 10339 03/21/94 6:00 P.M. building was originally built in 1950, but she purchased the property in 1981 for one specific use which was to create her own art work in the pristine atmosphere of the three lot propertyi that she does not live at the location; that she arrives in the morning and leaves at night and doesn't bother anyone; that neighborhood children come over to color, draw, and watch her work; that the studio does not generate any walk-in traffic and she is not a detriment to the neighborhood; that the neighbors have picnics on the property when she is not there. Commissioner Cardamone asked if Ms. Simmons was aware that the building had a NCU status? Ms. Simmons stated that the seller had told her that she could only sell the property to another artist; that she would have reconsidered buying the property if the seller had informed her about (the termination of amortization on) January 10, 1994; that she would eventually like to live in the house if the neighborhood improves and the crack dealing problems on 17th Street are resolved; and that she is concerned with having to vacate the property in five years. Mayor Patterson asked Ms. Simmons if she is the only artist using the building? Ms. Simmons stated yes. Mayor Patterson stated that the Commission has passed an ordinance whereby a property owner with no impact in terms of.traffic or advertisement is allowed home occupation. Commissioner Pillot stated that this is an important point; that he recognizes two properties on the list that are residences as well as used for professional purposes, and if their business signs were removed they would not be identifiable different from a residence; that these two properties and perhaps Ms. Simmons property may meet the criteria of the home occupation ordinance by not having any signage and not generating more traffic than generated by a residence; that after review, the City Attorney and the Staff may recommend that these properties be omitted from the list of NCUS. Ms. Simmons stated that no sign is present at her property. Mayor Patterson stated that if that is the case, the Staff will most likely be looking for an avenue to allow continuation. Vice Mayor Merrill stated that the Commission is not saying that in five years the NCUS are "out"; that the law currently says the NCUS were "out" as of January 10, 1994; that the Commission is extending the 20-year old law five additional years because many people were not aware of the amortization expiration; and that a review will be conducted during the five year extension to determine individual action on the properties; that the Commission is trying to help the property owners. Areta Brye, 1740 East Avenue, representing Areta's Hair Stylists, stated that her business has been located on East Avenue for a long time; that the business was built specifically for a beauty shop; that the area now has restaurants, apartments, doctors, lawyers, and is one block from a fire station, nursing home, motel and shopping center; that no homes face the property on East Avenue. Dr. Jacqueline Miller, 3621 Bay Shore Rd, representing Allyn Museum of Entomology, stated that a special exception was obtained on July 7, 1972, for the Allyn Museum of Entomology to be located at its current location which is at the northwest corner of Indian Beach Lane and Bay Shore Road; that the Allyn Museum was donated to the Florida Museum of Natural History and the University of Florida Foundation in February of 1981 as a gift from Arthur C. Allyn who had been the former owner and had operated the institution from its inception in 1973 (to 1981); that the Staff includes two full-time people, and three part-time assistants of which two are students from the division of natural sciences at the New College University of Florida; that the impact on the neighborhood is minimal; that the museum is not opened to the public, and visitors come only by appointment; that a working relationship has been maintained with the neighbors in the area; that she is concerned why this property appeared on the NCUS list. Mayor Patterson stated that she had spoken with Dr. Miller's husband earlier in the day and had asked that documentation of the special exception be presented at tonight's meeting. Dr. Miller presented the Commission with an unsigned copy of the special exception. Mayor Patterson stated that the documentation will be forwarded to the City Attorney who will contact Dr. Miller for determination of whether the property should be on the NCUS list, and asked Attorney Taylor if the special exception would have been recorded? Attorney Taylor stated that the special exception will be verified as part of the research process which will be conducted on every parcel; however, every property in the City ran the potential in 1974 to be made non-conforming because of the sweeping changes made in the law at that time; that it is legally possible that a person could have had a proper rezoning of their property in 1972 only to have that zoning changed a couple of years later making the property non-conforming which could also apply to a special exception; however, he does not know if that is true, and will investigate the matter for accuracy. Mayor Patterson asked when Dr. Miller first learned of the potential (20-year amortization expiration) problem? Dr. Miller responded, Friday while she was out-of-town; that a notice of the change was not received in 1972, and the lawyer who handled the special exception in 1972 and searched the title in 1981 when the property was given as a gift had no knowledge of the NCU status; Book 36 Page 10340 03/21/94 6:00 P.M. Book 36 Page 10341 03/21/94 6:00 P.M. and that he had stated that the status should have shown up on the title search. Mayor Patterson stated that it seems that the status was not recorded for any of the properties. Patricia Fuller, representing Wiseco Pkg, stated that Wiseco Packaging has been located at 1470 20th Street for approximately 6.5 years; that the business is a wholesaler of packaging supplies; that the business operates one or two delivery trucks which come in two or three times a day; that business hours are from 9:00 a.m. to 5:00 p.m. Monday through Friday which creates no weekend concern for the neighbors; that no information of the 20-year old law was apparent at the time the property was purchased which should have been recorded for disclosure to potential purchasers of the property; that she is a hispanic woman and 51% owner of the business; that she and her husband operate the business, try to be good neighbors, and have a good working relationship with the neighbors; that being forced to close their business would have a detrimental effect; that she requests that the Commission keep the (property owners') interests foremost in their mind. Ben Irick, Wilma Bell, Bessie Honor, and Randi Herrin, representing 17th Street (North Central Neighborhood) Crime Watch Association, came before the Commission and were sworn in by the City Auditor and Clerk who then distributed copies of the Crime Watch Association's petition to the Commission. Mr. Herrin stated that as the petition states the property located at 1703 Central Avenue has adversely affected the neighborhood; that, the members of the North Central Neighborhood Crime Watch Association would like the business closed; that he lives one and a half blocks away from the store, but other members present tonight live adjacent to the property and can better express how the store is a nightmare. Mr. Irick stated that small children in the neighborhood hang around on the corner where the store is located; that beer drinking, people gambling, and dice shooting are conducted on the property; that his 13 year old grandson learned how to play cards and shoot dice on that corner which is one of the reasons why he does not attend school today; that the building should be closed or torn down. Mr. Herrin read the following three items from the petition signed by 63 petitioners: 1. This corner is a known hangout for drug dealers? Anytime day or night drugs are openly sold. 2. The City open container ordinance on this site is a daily problem. The management at the store is unable to control this in any way or just does not care. 3. On most days you can find groups of people sitting on the dumpster next to the store gambling with cards or in the lot next to the store gambling with dice. Commissioner Atkins stated that the property is located at the northwest corner of Central Avenue and 17th Street; that the City and the property owner have both been derelict policing the property properly; that the responsibility, of enforcing the laws falls on the Police Department and the City Commission; that a reciprocal responsibility falls on the property owners of which they have not been (performing) ; that the open container laws are being broken with merchandise purchased at the store; that people have a lot of control at their property; that this property is difficult to justify adding five years to, especially under its present condition; however, he doesn't see a way to solve this NCU separately and apart from the other NCUS. Mr. Herrin stated that the management of the store can not be relinquished from responsibility of what happens on their property; that no person stands or will stand in front of his house and sell drugs, whether or not the police ever come to his house. Ms. Bell stated that she has lived less than half of a block from the store for the past 20 years; that when she leaves for work at 4:00 a.m., (Central Avenue) is busy with traffic because of the store; that the store owner does not control the traffic in the evening when residents are attempting to return home from work; that the residents are forced to sit and wait 15 to 20 minutes daily before the people at the store will move; that people go in and out of the store purchasing beer and drinking it behind the store; that people are also outside the store drinking and gambling; that she owns two properties on the same street and does not allow anyone to sit in front of her houses and sell drugs; that the people are openly dealing and doing drugs at that propertyi that this can be controlled (by the property owner)i and that the store has contributed to the delinquency of numerous children and needs to be closed. City Attorney Taylor stated that the City has been somewhat successful in cracking down on some motels on the North Trail which were legally nuisances by State law; that his office will address this particular business to determine whether or not it can be approached under the State Statute which allows the City to seek an order closing down a business when the business proves to be a public nuisance. Vice Mayor Merrill asked what the implications would be of pulling that property off the NCUS list. Attorney Taylor stated that in this particular instance he would like to think about the grounds and the basis for doing that; that Book 36 Page 10342 03/21/94 6:00 P.M. Book 36 Page 10343 03/21/94 6:00 P.M. the ordinance has to come back for a second readings and this matter can be looked at between first and second reading; that if the property needs to be part of the group to be studied, he sees nothing that would prohibit the City from studying this property as a first priority and coming back with a recommendation far in advance of the 5-year expiration. Commissioner Pillot stated that he would support a motion to instruct the City Attorney and the City Manager to take the fastest and strongest action legally defendable against this particular property. Commissioner Cardamone stated that one of her concerns with this issue is whether people knew the (20-year amortization) law existed; and asked if any of the members present at the table were aware that the property was a NCU as a store in a residential neighborhood, and asked if the neighbors were relying on the store being put out of business automatically in 1994? Mr. Herrin stated that he assumed the property had previously had a rezoning as a store; that he was not aware of the law. Commissioner Atkins stated that he told people at the time of the marches against drugs that there was a possibility in the future that the property would be closed by the NCU; that he is not concerned with whether the people knew about the law before now; that the property is a major and serious problem; that without vast improvements being made by the City and the property owners, he will support any immediate action necessary to remedy this situation. Mayor Patterson asked if there was consensus of the Commission to have City Attorney to look into two issues: 1) whether it is possible to accept the substantial public evidence that the problem is not a welcome intrusion to a neighborhood, and 2) if action against the property owner is possible for allowing this known public nuisance to continue. The Commission agreed. Bruce Franklin, representing 2440 So. Osprey Avenue, stated that he has been working with the tenant and potential purchaser of the property located at 2440 South Osprey Avenue otherwise know as the Autohaus; that he applauds the Commission for taking this action; that the alternative would have been to send notices out in November to the NCUS which stated that the use terminates as of January 10, 1994; that some comments which have been heard are instructive; that a lot of these NCUS are part of the fabric of this community; that the procedure outlined by Mike Taylor is really the way to go since the procedure is as important as the outcome; and that the time should be taken to (complete this project correctly). There was no one else signed up to speak, and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance 94-3765 and proposed Resolution No. 94R-721 by title only. Commissioner Pillot moved to (pass) proposed Ordinance 94-3765 on first reading. Motion died for lack of a second. Vice Mayor Merrill asked for clarification on the purpose of the ordinance. City Auditor and Clerk Robinson stated that the ordinance extends the NCU for five years and the resolution sets up a procedure to study the NCUS. Mayor Patterson asked if the Commission passes proposed Ordinance No. 94-3765 and does not single out 1703 Central Avenue, will the property be "grandfathered in" for five years, despite what the findings may be during the procedure which is set up through the resolution? City Attorney Taylor stated that he is concerned that may happen by the way (the resolution) is worded; that although the resolution sets up a tentative schedule of doing a number of things, it is an administrative process, and he is concerned that the way the ordinance is worded, a flat five years is given to study the NCUS no matter what the outcome of the study on each NCU. Commissioner Pillot moved to (pass) proposed Ordinance 94-3765 on first reading with the stipulation that the City Attorney will amend the language before second reading in such a way that the Commission has the legal right to deal individually with any of the 31 NCUS. Mayor Patterson asked if the motion included the intent to "grandfather in" the NCUS for less than five years? Commissioner Pillot stated that the intent of the wording "to deal individually" would be to say 1 day or 5 times 365 days if the City Attorney concurs. Motion died for lack of a second. City Attorney Taylor stated that one of the Commission's concerns as a group was that many of the property owners on the NCUS list had no knowledge of (the 20-year amortization termination) i that when the 5-year extension was proposed as opposed to other time periods discussed it was to provide (the City) ample amount of time to put notice in the public record and gather information from the property owners, neighborhoods, and other public input; that his recommendation is to (delay action on the ordinance and resolution) in terms of adoption to another meeting so that ramifications and possible rewording can be addressed to deal with individual properties, or to except the (1703 Central Avenue) property from the ordinance. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved table this item until the first regular Commission Book 36 Page 10344 03/21/94 6:00 P.M. Book 36 Page 10345 03/21/94 6:00 P.M. meeting of April. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mayor Patterson stated that the Commission should consider "grandfathering in" these NCUS for a shorter than five-year period of time if the opinion of the City Attorney comes back that this particular property cannot be exempted, realizing that long before the five-year period the Commission will have made decisions on which of the NCUS will permanently stay with the City. Commissioner Cardamone stated that immediate consideration should be given to the neighborhood that has come before the Commission with the problem at 1703 Central Avenue; that she requests that the City Manager talk with Police Chief Jolly to see what can be done while the Commission is deliberating NCUS. Mayor Patterson stated that there was consensus by the Commission to Commissioner Cardamone's request. 12. CITIZENS . INPUT (AGENDA ITEM VI) #2 (0610) through (0961) Danny Bilyeu, 1056 Cocoanut Avenue, came before the Commission, and stated that he appreciated the time allowed by Commissioner and former Mayor Pillot to address this Commission on November 4th with his daughter and her bicycle regarding the crime in his neighborhood; that since that time various things have happened; that he contributes the demise in hookers, prostitutes, and drug dealers on 11th Street and Cocoanut Avenue partially to the police and partially to the cold weather; and that he had met with Duane Mountain of Public Works and more (street) lighting has been installed. Mr. Bilyeu stated that the other morning while preparing to walk his dog, two gentlemen and a hooker were in front of his house on the driveway; that the hooker was flagging down a car, one gentleman was helping the hooker into the car, and the other gentleman walked through the alleyway and went behind a vacant house to the south; that the police were notified, but the two (responding) policemen told him the gentleman was not caught smoking crack, shooting up, or whatever behind that vacant house; and that he subsequently went around the house and found two cans turned over, a lighter, and (drug paraphernalia). Mr. Bilyeu stated that he is beyond the point of being frustrated, he is mad; that the Commission lives in neighborhoods without this activity and he deserves the same opportunity and right; that he has been an activist in this community and his neighborhood for over 10 years; that the people at City Hall are not against (the citizens), but are not completely for (the citizens) which scares him; that requests have been made (to improve the neighborhood), to things done in but only token things have been received compared of Mission Harbor other parts of the City; that he has had dreams about it or for years, but he is beyond the point of worrying in 1986 to help his lobbying for it; that TIF monies were set up but not much past neighborhood; that 10th Street was been widened, with City 10th Street has been addressed; that in a recent meeting stated that he Sollenberger and Police Chief Jolly he had Manager Administration and the Commission) accountable for is holding (the house is on the market; that he is going to his family; that his that he has tried to move out of the City and the neighborhood; him down; that he will no participate, and the Commission has let future to the subject his wife, little girl, and baby longer activity occurring daily at his home). (criminal Cardamone asked Mr. Sollenberger if any answer or Commissioner his conversation partial solution to the problem was reached during with Mr. Bilyeu. stated that Police Chief Jolly has directed police Mr. Sollenberger at the location mentioned by officers to do their report writing Avenue and 11th Street, to Mr. Bilyeu, the intersection of Cocoanut provide more police visibility. Cardamone stated that she first met Mr. Bilyeu as a Commissioner (CCNA) and admired member of the Coalition of City Neighborhoods who took the the fact that this City had young men with families work hard involved in issues and very time to become neighborhood live; that she doesn't see where to make the City a better place to of the problems in the Commission has done anything to address some six over the last five or years; some of the City neighborhoods with serious heartfelt that some things are better, but people realized concerns who have worked to make the city better haven't of the benefits of a better lifestyle, which she finds very any worrisome. Patterson stated that the Commission would do so if an easy Mayor could be reached for every one; that short of posting a solution all Commission can do is try to focus policeman at each corner, the but invariably the problems resources on a particular problem site, is interested in seem to move to another site; that the Commission into that the Courtelis project in an effort to bring more people area and create more economic viability. Commissioner Atkins stated that he comes to the table from an and understands what Mr. Bilyeu is sayingi that activism background of that the City wants in the City of Mr. Bilyeu is the type person the has tried to solve the Sarasota; that on several occasions Cocoanut city Avenue is one block problems of the neighborhood; however, off of U.S. 41 off of U.S. 41 and efforts to keep the prostitutes that for the neighborhoods close to U.S. 41; has created problems 17th Street/Central the City should move more strongly to impact Book 36 Page 10346 03/21/94 6:00 P.M. Book 36 Page 10347 03/21/94 6:00 P.M. Avenue and 11th Street/Cocoanut Avenue which are parts of that circle creating problems in that whole neighborhood. 13. NEW BUSINESS: PRESENTATION RE: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1993, RECEIVED; ADMINISTRATION TO REVIEW DISTRIBUTION OF THE TRANSMITTAL LETTER FOR INCLUSION IN THE NEXT BUDGET (AGENDA ITEM VIII-2) #2 (0965) through (1251) Gibson Mitchell, Director of Finance, came before the Commission, presented the Comprehensive Annual Financial Report (CAFR), and stated that the 200+ page report was completed by this deadline because of the hard work of a lot of people, especially David Flatt, Accounting and Payroll Manager, and Judith Wallace, Accounting Supervisor; that the CAFR is prepared by the Finance Department and is given an unqualified opinion on page 1 by the external auditors, but the contents are the total responsibility of the City Commission; that the City has received the Certificate of Achievement for Excellence in Financial Reporting for its CAFR for the last twelve consecutive years; that this report also meets the criteria to be awarded that prestigious award and will be submitted tomorrow pending Commission acceptance; that 3% of the cities in the United States eligible to submit a CAFR and 29% of the eligible cities in Florida received the award in 1992. Commissioner Pillot stated that he feels strongly that the City ranks among the top portion of the 3% and 29% recipients of the award due to the quality; clarity; and understandability of the report for a lay person, the Commission, and finance professionals; that the report is not only comprehensive and accurate, but readable and understandable; that the greatest commendation which can be given to the Finance Department ought to be done. Mayor Patterson asked if the transmittal letter could be separated from the budget and be made available for the public? Mr. Mitchell stated that the transmittal letter could be separated; however, references are made in the letter to other portions of the report. Mayor Patterson stated that the generalized information, the size of the budget, priorities of the City in its allocation in the budget, etc., contained in the transmittal letter make it of interest to read; that the transmittal letter tells a lot about the City and its attitudes about itself and should be made available to the public. Commissioner Cardamone stated that she agrees; that the transmittal letter highlights the City, the philosophy and growth of the City, and the general management of the City which is very interesting. Commissioner Pillot stated that he supports lroad distribution of the transmittal letter; that people reading the letter may want to go back and look at the columns of numbers. Mayor Patterson requested that the Administration review distribution of the transmittal letter taking into account the cost associated and present it with the next budget. On motion of Commissioner Pillot and second of Commissioner Atkins, it was moved to receive the Comprehensive Annual Financial Report for the fiscal year ended September 30, 1993. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 14. NEW BUSINESS: APPROVAL RE: AUTHORIZE SALE OF THE HUMAN RESOURCES BUILDING LOCATED AT 1551 2ND STREET, SARASOTA, FLORIDA = APPROVED (AGENDA ITEM VIII-3) #2 (1260) through (1359) City Manager Sollenberger stated that the Administration recommends acceptance of the $275,000 "contract for sale of real estate." Robert Gerkin, Director Of General Services, came before the Commission and stated that the Commission previously authorized the Administration to advertise the subject property for competitive bids using the estimated current market value of $275,000 as a minimum acceptable bid; that no acceptable bids were received at that time; however, on March 17, 1994, Mr. Aaron Amarnek submitted a proposed contract to acquire the building in the amount of $275,000 subject to the standard provisions of a standard real estate agreement including the buyer's right to have the property inspected for materials and defects, and to have an environmental study made; that upon notification of any defects, the City would have the opportunity to remedy the defects or to terminate the contract; that the offer was made last Friday, and the offer terminates tomorrow. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to (accept the contract for the sale of the Human Resources Building in the amount of $275,000 and to authorize the Mayor, City Auditor and Clerk, and other appropriate Administrative officials to execute same). Mayor Patterson stated that she intends to vote against this motion, not because she is opposed to the sale of the Human Resources building, but because the proceeds of the sale of the Human Resources building were budgeted into the general fund of the City to pay for ongoing expenses, primarily salaries; that it is legitimate to sell a capital asset to make capital improvements or to acquire other capital assets; however, it is not legitimate to Book 36 Page 10348 03/21/94 6:00 P.M. Book 36 Page 10349 03/21/94 6:00 P.M. sell a capital asset to pay for a reoccurring expense; and that there will be a $275,000 gap in next year's budget. Mayor Patterson called for the vote on the motion. Motion carried (4 to 1): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, no. 15. NEW BUSINESS: DISCUSSION RE: LEGISLATIVE ISSUES LOBBYING DOCUMENTS APPROVED (AGENDA ITEM VIII-4) #2 (1368) through (1860) Mayor Patterson stated that she and Commissioner Cardamone will be lobbying legislators tomorrow and Wednesday, March 21 & 22, (at the Florida League of Cities Action Day) in Tallahassee; that the materials intended to be distributed have been given to the Commission for review; that the long form represents priorities of the Manasota League of Cities, the Florida League of Cities, and the City of Sarasota's name has been added; that the shorter form is to be presented specifically on behalf of the City of Sarasota. Mayor Patterson asked for a consensus of three votes for modifications and/or acceptance. Commissioner Cardamone referred to page two HOMESTEAD EXEMPTION EQUITY, and stated that she recalls this issue was discussed as a measure to allow all citizens to pay some amount of property tax; that a $25,000 homestead would apply to most every one and the tax base would stay the same; that this item does not read that way which concerns her. Mayor Patterson stated that she has also had uneasy thoughts about this item; that this (amendment) is a way to ensure that all property owners pay something; that this proposal has people with properties assessed at $55,000 or under paying more (property taxes) i that these properties include those people who would have paid nothing; that people with properties assessed at $200,000 (or higher) will have the exemption phased out; that the lower end and the higher end would end up paying more (property tax); that the owners of properties assessed between $55,000 and $200,000 would benefit from the (amendment)i that the concept is that the revenue would be increased to cities and counties, creating less pressure to raise the millage rates, and every one would benefit to some extent by having the millage not raised; that each Commissioner has to make their own analysis as to whether the amendment accomplishes what they consider to be an equitable spread of savings and burden; that removing it from the short (City) form as well as the long form would not be a problem if three of the five Commissioners sO desire. Commissioner Cardamone stated that the City of Sarasota has many homes in the $200,000 range; and that the item is a measure of "inequality" to City of Sarasota residents. Vice Mayor Merrill stated that the City of Sarasota is a city of big homes and smaller homes; that the City lacks the homes in the range which would receive the benefit of this amendment; that he disagrees with shifting the burden more to lower income people; that the homestead exemption provides another benefit, it gives an advantage to encourage owner occupancyi that an absentee landlord (is not eligible for the homestead exemption and) will pay taxes on the full value of a home; that he hasn't seen a clear explanation of why this amendment is necessaryi that absent a clear, overwhelming reason to make this change he cannot vote for it. Commissioner Atkins stated that the item should be removed. Commissioner Pillot stated that he agrees with Vice Mayor Merrill and would like the item removed. Mayor Patterson asked for further modifications. There were no further modifications requested by the Commission. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve (the lobbying documents as the position of the Sarasota City Commission as representing the citizens of Sarasota with the Homestead Exemption Item removed). Motion carried (4 to 1): Atkins, no; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Commissioner Atkins stated that a couple of items in the document are not explained sufficiently enough for him understand and take as strong a position as requested; therefore, he chose to vote no. 16. BOARD APPOINTMENTS: APPOINTMENT RE: PUBLIC ART COMMITTEE RESCHEDULE TO THE SECOND COMMISSION MEETING IN APRIL (AGENDA ITEM IX) #2 (1861) through (2202) Mayor Patterson stated that the term of Frank A. Colson has expired; that Mr. Colson does not wish to be reappointed; and that three applications have been submitted. City Auditor and Clerk Robinson stated that this seat is designated for a City resident or property owner; therefore, only eligible applications were submitted. Commissioner Pillot nominated Dale Parks; Commissioner Cardamone nominated Roy Haggard and stated that he has lived in the City for 8 years, owns property, and is an architect. Commissioner Pillot stated that he was going to nominate Mr. Haggard for the reasons mentioned by Commissioner Cardamone; however, he was concerned with whether Mr. Haggard being the principal of the ADP Group would create conflict; and that Mr. Book 36 Page 10350 03/21/94 6:00 P.M. Book 36 Page 10351 03/21/94 6:00 P.M. Haggard doesn't show he has been involved with City projects (as Mr. Parks has been). Mayor Patterson nominated Dorothy Stevens and stated that although it is a good idea to have an architect on the Public Art Committee, Ms. Stevens has impressive qualifications. Vice Mayor Merrill stated that the Commission wants a Public Art Committee who will present advice parallel to what the public thinks and decisions by which the Commission can be completely confident; that it seems ironic that something which has been as high profile as public art has three applicants (for the Board) which he does not know and has not met; that the applicants are highly qualified; however, it strikes him as odd that none of the Commissioners know any of the applicants; that perhaps the Board appointment can be delayed until more applications are received from people who have been involved with or understand the dilemmas facing the Commission. Commissioner Cardamone agreed, and stated that the interested applicants could introduce themselves to the Commission if the Board Appointment was held over until another meeting. Mayor Patterson stated that the Commissioners could notify the applicants to come in for an appointment since the applicants may not know it is appropriate to address the Commission and lobby for themselves; that the Commission may have more confidence in the recommendations to the city boards if (individual meetings were held with the applicants). Commissioner Cardamone stated that she doesn't intend to call the applicants to come in for an interview; that the burden is on the applicant to arrange an appointment if they want the appointment. City Auditor and Clerk Robinson stated that no applications were received from the Public Art Committee in November when he requested applications; that these three applications are the result of talking with various departments and entities in an effort to obtain applications to put the Board Appointment on an agenda. Commissioner Pillot stated that he agrees with Vice Mayor Merrill and Commissioner Cardamone. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to withdraw all nominations and reschedule the Board Appointment until the second Commission Meeting in April. Mayor Patterson called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = THE POSSIBILITY OF COMPLETING THE MAIN STREET PLAZA WITH ONLY SNOWBALL FOUNTAINS UNTIL ADDITIONAL FUNDS CAN BE SOLICITED FOR A SUBSTANTIAL PIECE OF ART WORK WAS REFERRED TO THE ADMINISTRATION FOR A REPORT BACK AT THE NEXT MEETING ADMINISTRATION TO REPORT BACK ON CODE ENFORCEMENT MEASURES WHICH HAVE BEEN AND CAN BE TAKEN ON THE NORWOOD COURT PROPERTY (AGENDA ITEM X) #2 (2211) through (3259) VICE MAYOR MERRILL: A. stated that the Commission is sensitive to have the public know that the Commission worries about public safety, and requested John Lewis, Director of Public Safety, come before the Commission to clarify the following wording which appeared in this morning's newspaper in relation to the tragedy on the Bayfront, "S Someone saw a plane falling out of the air, within five seconds it exploded." "I tell a waiter to call 911 and within minutes everyone is out of the restaurant." "Fire trucks and police arrived in less than 10 minutes." Director Lewis stated that the information was received by the Police Department at 20:33 and dispatched at 20:34; that the first unit arrived at the scene at 20:36; therefore, it took three minutes for the first unit to arrive. B. stated that he had several comments from people regarding the $12,000 budget item for the art work on Main Street mentioned by artist Virgina Hoffman during her last presentation; that perhaps foundations should be solicited for additional funds by expressing that the location is one of the City's most high profile locations and will create an awareness of Sarasota as an art community; that perhaps the City is not looking at the project in a big enough scale to be willing to put art work of that small scale at that location; that comments were made that the City cannot expect anything of Sarasota standards for $12,000. Commissioner Atkins stated that he is baffled at what the City will receive for $12,000, (probably nothing of significance); however, the Commission left it open for the artist to explore; that he is concerned with the design of a time schedule to (solicit) foundation funding. Commissioner Cardamone stated that she assumed that Ms. Hoffman would be presenting an increase in her budget at the time she presents the models of the potential art work. Book 36 Page 10352 03/21/94 6:00 P.M. Book 36 Page 10353 03/21/94 6:00 P.M. Vice Mayor Merrill stated that the artist may request an increase in the budget to $15,000; however, the (fountain) art work in front of the Exhibition Hall cost $90,000, and $15,000 will not be able to make a grand enough statement at Main Street; that he saw the artist's referred to piece on Longboat Key and it also may not be dramatic enough. Commissioner Pillot stated that some of the greatest art is simple art; that the fountain presented by the artist looked nice; that the beautiful fountain should be installed with no sculpture at this time. Vice Mayor Merrill stated that the fountains could be the first phase; that once the plazas are created the demand will be there to fill them; that the matter should be referred to the City Manager for recommendation to the Commission. City Manager Sollenberger stated that $12,000 is not much money for a major piece of art; that the Commission is looking at two of the same sculptures which would be $6,000 per piece; that the budget was established on a completely different concept based on six fish at $2,000 per piece; that the Administration can report back to the Commission after touching base" with the EDA concerning the grant; however, a valid consideration has been raised. Mayor Patterson stated that the two pieces designed by Virginia Hoffman on Longboat Key had a budget not much larger than ($12,000) which included a number of nice finishing touches; that her understanding was that the artist would present the Commission with a menu of sculptures with much higher prices than $15,000; that her concern is that if a new budget amount is decided with the intent to solicit fund from foundations, Virginia Hoffman was the only artist who applied to do this work; that one of the reasons was because the budget was so low; that perhaps the glass work should be approved, the artist should be paid for the time put into date as her contract specifies, and complete the plaza with the snowball fountains and let the Public Art Committee and foundations know that the City would be interested in a substantial piece of art. Mayor Patterson asked if there was consensus by the Commission to refer this item to the Administration for a report back to the Commission at the next meeting. The Commission agreed. COMMISSIONER CARDAMONE: A. stated that "murals" are now also on the front side of the Main Street Plaza building facing Main Street much the same as the "murals" on the back side facing (Fruitville Road) ; that she understood that (Art Werks) had been told to stop (painting the murals) until a determination was reached on whether the items were signs or murals; and that there may be public objection to one of the "murals". William Hewes, Director of Building, Zoning, and Code Enforcement, came before the Commission, and stated that (Art Werks) were not told to stop; that currently no City regulation exists relative to was told that the City is these items; however, (Art Werks) exist if what is being done reviewing regulations and problems may is contrary to what the City comes up with. COMMISSIONER PILLOT: A. stated that he has read that more vandalism has occurred to the art work at Five Points Park, and asked what will be done with the unfortunate art work that never should have been put there? Mayor Patterson stated that she made a similar comment to David Sollenberger who had pointed out to her that a member of the public had worked with the Commission and the City and generously donated money for this (Memory Path) project; that the piece has fallen apart in the past; that she is not particularly fond of the (art work) partially because it is not the two-foot piece of art sculptured into the land which was promised to the Commission. Commissioner Pillot stated that he opposed and voted against (Memory Path); that understanding that respect is due to many people, he is close to being ready to tear the piece (out of the park). Mayor Patterson stated she may support that, but would want a public hearing to listen to people who may be opposed. Vice Mayor Merrill stated that he does not support ripping the structure out; that he supports maintaining it; that although people may think it was a waste of money, the money has already been spent and the best should be made of it; that a tile was missing and an adjacent tile was loose when he visited the site Saturday night; that he was surprised that the City hadn't fixed the tiles immediately; and asked if an official report has been made to the City? City Manager Sollenberger stated that he became aware of (the vandalism) Friday by reading the Pelican Press; that the reporting relationships are being clarified to take care of how that is but handled; that a report was made to the Planning Department, reports should be handled by Duane Mountain of Public Works directly; that a maintenance funding account is available to maintain the (structure). Mayor Patterson stated that this is not the first time that a tile has been missing or been loose on the Memory Path; that something Book 36 Page 10354 03/21/94 6:00 P.M. Book 36 Page 10355 03/21/94 6:00 P.M. should be done to better secure the tiles so that the etched pieces will not have to continually be replaced. Commissioner Cardamone asked if the Memory Path could be relocated to a safer location with less foot traffic? Mr. Sollenberger stated that the donor of the gift should be consulted if the structure was to be moved since it was donated to be placed at Five Points Park. Vice Mayor Merrill stated that when someone donates a gift to the City it should be maintained and respected. MAYOR PATTERSON: A. referred to a photograph in today's Herald Tribune featuring people sitting on a sofa watching television outside of a house with trash and litter all around the property located on Norwood Court, and stated that (previously) a reporter had called her asking if she had knowledge of complaints received on this property to which she replied no; that she contacted members of the Sapphire Shores/Indian Beach (Association) who said they would look into it, but received no further response; and requested that the Administration report back on what has been done, is being done, and can be done by Code Enforcement on this property. 18. OTHER MATTERS (ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (3260) through (3564) CITY ATTORNEY TAYLOR: A. stated that a lawsuit has been filed against the City by Webber Concrete who was a subcontractor on the Memory Path project; that Webber Concrete has filed a formal offer to settle under the rules of procedure applicable to this particular litigation whereby although the amount in controversy is approximately $43,000, the formal offer to settle through the court action is for $34,236.30; that the following would be eliminated if the City accepts the formal offer to settle: going to trial; and in the event Webber Concrete prevailed in court the City being responsible for not only the City's attorney fees and costs, but also those of the plaintiff. that the City has a problem in this particular circumstance because contractors cannot lien a City jobs, they look to public construction bonds; that in this instance a letter of credit rather than a bond was accepted by the City and with full notice that Webber Concrete has a $43,000 claim at the end of the project and having advised Webber Concrete that the City would not make a final release of dollars on the retainage to the contractor two things happened: 1) the bond expired, and 2) through an internal mix-up, a final payment request was made and processed; that the retainage was lost from which the claim could have been paid and the bond was lost which was there to protect the contractor; that the equities will not be with the City should this go through a court proceeding; therefore, he recommends the City accept the $34,236.30 offer to settle. City Manager Sollenberger stated that the Administration recommends settlement of the claim as outlined by Attorney Taylor. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the settlement of $34,236.30 as recommended by the City Manager and the City Attorney for the claim of Webber Concrete. Vice Mayor Merrill stated that this issue should have been presented to the Commission as an agenda item rather than under informal comments. Mayor Patterson stated that this is a clear example of why it would be to the City's advantage to improve coordination of City Departments as the City Manager has been making every effort to do. Mayor Patterson called for the vote on the motion. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 18. ADJOURN (AGENDA ITEM XII) #2 (3565) There being no further business, Mayor Patterson adjourned the meeting at 8:55 p.m. mern NORA PATTERSON, MAYOR ATTEST: 3illy r Robenson BILLY E. ROBINSON, CITY AUDITOR AND CLERK Book 36 Page 10356 03/21/94 6:00 P.M.