MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 1, 1999, AT 6:00 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor David Merrill, Commissioners Mollie Cardamone, Albert Hogle, and Gene Pillot, Deputy City Manager V. Peter Schneider, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: City Manager Sollenberger PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) 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. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR THE MONTH OF JANUARY, 1999, CHARLES JONES, UTILITY SPECIALIST, BOBBY JONES GOLF COMPLEX #1 (0030) through (0254) Mayor Dupree requested that Charles Jones, Utility Specialist, Patrick Calhoon, Stadium Manager, and Raymond Grady, Manager, Bobby Jones Golf Complex, come before the Commission. Deputy City Manager Schneider stated that Mr. Jones is well deserving of the employee of the month award; that the excellence in customer service received during personal visits to the Bobby Jones Golf Course is impressive. Mr. Grady stated that Mr. Jones was his first hire 10 years ago and has exhibited exemplary work ethics and is a diligent worker; that Mr. Jones performs general maintenance, along with servicing the City's fleet of 125 to 150 golf carts; that the cart barn is kept in spotless condition and great pride in taken in the area surrounding the building; that many brooms have been worn out keeping the area clean; that the golf carts are kept in excellent condition; that customers are served with a smile and new employees are trained to exhibit the same excellence in customer service which will be an asset to the City. Mr. Calhoon stated that Mr. Jones' work habits are a tribute to Mr. Grady's leadership; that the City is represented with excellence and pride; that Mr. Jones is in perpetual motion and serves customers with a smile. Mayor Dupree presented Mr. Jones with a City-logo watch, a plaque, and a certificate as the January 1999 Employee of the BOOK 45 Page 17954 02/01/99 6:00 P.M. BOOK 45 Page 17955 02/01/99 6:00 P.M. Month; and stated that the awards are presented in appreciation of the unique performance bestowed upon the City; and congratulated Mr. Jones for his outstanding efforts. Mr. Jones stated that the January 1999 Employee of the Month Award is appreciated; and thanked all of the people involved in recognizing his hard work and honoring him as recipient of the award. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. 99R-1152, RECOGNIZING THE PASSING OF JOHN MAURE SABA, SR. FORMER COMMISSIONER, SARASOTA BUSINESSMAN AND CIVIC LEADER, WHOSE CONTRIBUTIONS TO THE COMMUNITY WERE SIGNIFICANT AND BENEFICIAL AND ARE GREATLY APPRECIATED - ADOPTED #1 (0258) through (0469) Mayor Dupree stated that Memorial Resolution No 99R-1152 recognizes the December 23, 1998, passing of John Saba, an outstanding citizen of Sarasota. Mayor Dupree requested that Commissioner Cardamone make the presentation to the Saba family due to the closeness and comradery shared with the Saba family over many years. Commissioner Cardamone requested that the following Saba family members who were present in the audience come forward: John, Jr., William, Ronald, Richard, Bruce and Donald Saba, sons of John Saba, Sr. Commissioner Cardamone read Memorial Resolution No 99R-1152 in its entirety. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to adopt Memorial Resolution No 99R-1152. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yesi Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. Commissioner Cardamone that a special closeness and love was shared with Mr. Saba; that the Memorial Resolution is presented to the Saba family with respect and sadness; and presented Mr. John Saba, Jr., with a copy of the Memorial Resolution appropriately framed on a plaque and presented each of the sons with a copy of the Memorial Resolution. Mr. John Saba, Jr., stated that on behalf of his brothers and family, the Memorial Resolution is accepted with pride and honor; that his father would have been very proud of the honor presented by the Commission; and that his father is present in spirit and is looking down on the proceedings with pride. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0470) through (0535) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Special Presentations, Item No. 3, Adoption re: Memorial Resolution No. 99R-1155, recognizing the passing of Giustino "Papa" Loyal, co-founder of Sarasota's Sailor Circus, where he coached until 1997, and who played an integral part in the history and future of equestrian circus acts and whose unique contributions to the community are greatly appreciated, etc., per the request of Commissioner Cardamone. B. Remove under Consent Agenda No. 2, Item No. III-B, Adoption Re: Second reading of proposed Ordinance No. 99-4109, providing for the designation of the structure located at 1509 South Orange Avenue historically known as the H. B. Williams House as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota, more particularly described herein, etc., per the request of Applicant Phil Skirball. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 4. PRESENTATION RE: STATUS REPORT CONCERNING THE PAST AND FUTURE COMMUNITY ACTIVITIES OF THE SUNCOAST WORKFORCE DEVELOPMENT BOARD #1 (0535) through (1222) Isabel Norton, Chairman, and Mary Helen Kress, Executive Director, Suncoast Workforce Development Board, Inc. (SWDB), came before the Commission. Ms. Norton stated that in 1996, the State Legislature adopted the Workforce Florida Act which changed local industry councils into regional workforce development boards and which also consolidated all job training and placement services for disadvantaged workers into a central agencyi that one the 13 regional divisions is the Suncoast Workforce Development Board (SWDB) which includes Manatee and Sarasota Counties; that the mission of SWDB is to BOOK 45 Page 17956 02/01/99 6:00 P.M. BOOK 45 Page 17957 02/01/99 6:00 P.M. assist Sarasota and Manatee Counties in developing a consolidated workforce system which will train and place welfare recipients and disadvantaged workers back in the workforce and also attract new businesses to the area by the existence of a qualified workforce; that the four initiatives of SWBD are as follows: 1. One-Stop Career Centers - All appropriate agencies come together for a one-stop job center which provide guidance, service and information to connect trained people to jobs. 2. School-to-Work Coalition - The goal is to integrate academic and technical education for area students. The School-to-Work Coalition Governing Board is a subcommittee of the Suncoast Workforce Development Board and is in its fourth year of a 5-year Federal grant program. 3. Welfare-to-WOrk Program The Florida Work And Gain Economic Self Sufficiency (WAGES) program is the Florida initiative for helping welfare recipients get off welfare and find jobs. Everyone receiving l'emporary Assistance to Needy Families will receive necessary assistance to find and retain jobs at a wage sufficient to keep individuals off welfare using a work-first philosophy. 4. High Skill/High Wages - This State program financially rewards colleges and other institutions for enrolling and placing dislocated workers into jobs after receiving classroom training which is approved by the Occupational Forecasting Conference. Ms. Norton stated that the membership of the SWDB is established by law and is comprised of 35 members representing a cross-section of the community; that 51 percent of the Board members including the Chairman must come from the private sector as Chief Executive Officers (CEOs) or business owners; that other SWDB members include: the Superintendents of Schools from Manatee and Sarasota Counties, the chairmen of the economic development initiatives of the Sarasota and Manatee County Chambers, the CEOS of the degree- and certificate-giving institutions, and a County Commissioner from both Sarasota and Manatee Counties; that the balance of the SWDB members are representatives of community-based organizations or community leaders. Ms. Norton continued that the Workforce Florida Act of 1996 requires the availability of One-Stop Career Centers in each location deemed necessary to provide centralized assistance and training to disadvantaged workers through programs such as the Jobs and Benefits Partnership Act and WAGES; that individual requirements range from requiring eyeglasses to the necessity to earn a Graduate Equivalency Diploma (GED) or obtaining job retraining; that Manatee Community College (MCC) was selected through a competitive bidding process to operate the One-Stop Career Centers in Sarasota and Manatee Counties; that one reason for MCC's selection was the collaborative effort offered in working with other organizations; that a mandate of the SWDB is to assure a collaborative effort in identifying jobs; that 1,133 individuals have received assistance in training and finding jobs since the inception of the One-Stop Career Centers; that presently 400 clients are receiving training and job assistance; that the average hourly wage of an adult disadvantaged worker is $7.80 per hour; that dislocated workers with higher skills receive an average of $10.16 per hour; that most One-Stop Career Centers have reached capacity; that expansion to new locations is planned, including a new location in Sarasota. Ms. Kress stated that consideration is being given to relocation to a 25,000-square-foot building located at U.S. 301 and Myrtle Avenue; that advertising will occur soon for 35,000 square feet of office space in Bradenton; that a new office in Venice at Venice Avenue is under construction with plans for a June 1, 1999, opening. Ms. Norton stated that representatives of the Jobs and Benefits Program and Children and Family Services are available at all One-Stop Career Centers; that five satellite sites are located at Goodwill Industry Centers; that the effort is to assure the convenience of the One-Stop Career Centers to those in need of the services; that a major hindrance to employment is lack of transportation to work and child care centers; therefore, solutions to the transportation problems are being sought through working with Sarasota and Manatee County governments and special transportation committees; that the WAGES Coalition has a separate governing board; that the SWDB functions as the administrative and fiscal agent for WAGES; that the SWDB and the WAGES Coalition also share staff services. Ms. Norton further stated that 904 individuals in Sarasota County were receiving welfare in 1996 as compared to 74 individuals receiving welfare in 1998; that assistance has been provided many people; that in July 1998, the Federal Workforce Investment Act was passed which used portions of the Workforce Florida Act of 1996 as a blueprint; that a mandate of the Federal Workforce Investment Act of 1998 is to connect any jobless individual, whether or not disadvantaged, to employers requiring trained employees through the training and placement services of the One-Stop Career Centers; that symposiums and surveys have been conducted in conjunction with the Selby Foundation, the Community Foundation of Sarasota and the Venice Foundation to provide young people adequate technical training to assure a highly skilled BOOK 45 Page 17958 02/01/99 6:00 P.M. BOOK 45 Page 17959 02/01/99 6:00 P.M. workforce which will attract businesses to the community keeping the tax-base viable. Commissioner Cardamone requested that the statistics of the number of people on welfare be repeated. Ms. North stated that 904 individuals were receiving welfare in 1996 in Sarasota County as compared to 74 individuals receiving welfare in 1998. Commissioner Cardamone stated that the statistics are significant and impressive. Ms. North agreed; and stated that the community foundations and the economic development initiatives of the Chambers of Commerce in both Sarasota and Manatee Counties are assisting with two surveys : one survey to identify potential workers in need of training and a second survey to identify the specific training necessary in local schools to meet the requirements of the business community. Mayor Dupree stated that the concept and goals of the SWDB are impressive; that the information was heard previously at the meeting of the Economic Development Board (EDB); and asked the number of individuals who have gone from welfare to work or school to work using the services of the One-Stop Centers? Ms. Norton stated that numbers are not known at this time but can be obtained. Ms. Kress stated that the School-to-Work Initiative takes place primarily in the local schools; that all the Sarasota County high schools have School-to-Work contacts, whose case load at this time is approximately 50 students; that a significant amount of work has been done in advising students of job availability; that the School-to-Work Initiative will change with the Federal Workforce Investment Act of 1998; that a Youth Council will be developed; that new programs will expand the present activities to do more for the economically disadvantaged and at-risk student. Mayor Dupree asked if the One-Stop Centers are significantly responsible for reducing from 904 to 74 the number of individuals on welfare during the period 1996 to 1998? Ms. Norton stated yesi that the various governmental agencies guide welfare recipients to the One-Stop Centers. Ms. Kress stated that all welfare recipients come through the One-Stop Centers for guidance through the job and training process and to embark on the road to employment; that the guidance of the One-Stop Centers helps generate significant changes in the lives of welfare recipients by finding jobs which yield productive, taxpaying citizens. Mayor Dupree stated that the splendid report is appreciated. Commissioner Cardamone stated that the Commission has identified several areas of employment opportunities; that the Commission has approved three major developments which will open in the next three years; that the businesses will need employees trained in the hospitality industry, home nursing, and construction; and asked if the One-Stop Centers address the training needs of specific businesses and industries? Ms. Kress stated that the One-Stop Centers train for any needs identified in Sarasota and Manatee Counties. Commissioner Cardamone stated that some principals of future developments are in the audience and will probably contact the One-Stop Centers to discuss training needs. Ms. Kress stated that the SWDB welcomes all business and industry and is equipped to tailor a training program to any community business or industry requirements. 5. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 19, 1999 - APPROVED (AGENDA ITEM I) #1 (1223) through (1263) Mayor Dupree asked if the Commissioners had any changes to the minutes. Mayor Dupree stated that hearing no objections, the minutes of the regular City Commission meeting of January 19, 1999, are approved by unanimous consent. 6. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF JANUARY 6, 1999 RECEIVED REPORT; REFERRED PETITIONS NOS. 99-SE-01 AND 99-SE-10 BACK TO THE PBLP (AGENDA ITEM II-1) #1 (1264) through (1379) Jane Robinson, Director of Planning and Development, came before the Commission and stated that the Department of Community Affairs (DCA) accepted the City's recently adopted comprehensive plan, also called the Sarasota City Plan, 1998 Edition, and believes the plan is a model for use by other communities. BOOK 45 Page 17960 02/01/99 6:00 P.M. BOOK 45 Page 17961 02/01/99 6:00 P.M. Ms. Robinson presented the following items from the Planning Board/Local Planning Agency's (PBLP) regular meeting of January 6, 1999: A. Special Exception Petition No. 99-SE-01 and B. Special Exception Petition No. 98-SE-10 Ms. Robinson stated that Special Exception No. 99-SE-01 is a request by Bruce Franklin, agent for Marathon Oil, owner of the Speedway gasoline fueling station and convenience store located at 1012 North Tamiami Trail, to extend the hours of operation to 24 hours a day; that the property is in the North Trail (NT) Zone District; that Special Exception Petition No. 98-SE-10 is a request to operate an office in a residence known as the H.B. Williams House located at 1509 South Orange Avenue, for which local historic designation has been requested. Ms. Robinson stated that Special Exception Petition Nos. 99-SE-01 and 99-SE-10 require the PBLP's review for a finding of consistency as mandated by the Sarasota City Plan, 1998 Edition; that the PBLP will review the petitions at the February 3, 1998, regular PBLP meeting. On motion of Commissioner Hogle and second of Vice Mayor Merrill, it was moved to refer Special Exception Petition Nos. 99-SE-01 for Marathon 0il/Speedway and Special Exception Petition No. 99-SE-10 for the Skirball office-use request to the PBLP for a determination of consistency with the Sarasota City Plan, 1998 Edition. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yesi Dupree, yes. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the report of the January 6, 1999, regular PBLP meeting. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yesi Merrill, yesi Pillot, yes; Dupree, yes. Ms. Robinson stated that a special presentation is scheduled on February 3, 1999, in the Commission Chambers, to discuss the Special Master Hearing concept of approving petitions; that the Commissioners and all interested persons are invited; that the presentation begins at 6 p.m. followed by the February 3, 1999, regular PBLP meeting at 7 p.m: 7. BOARD ACTIONS: : REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF JANUARY 12, 1999 - RECEIVED REPORT; SET PETITION NOS. 99-HD-02 AND 99-HD-03 FOR PUBLIC HEARING (AGENDA ITEM II-2) #1 (1367) through (1580) Craig Holliday, Chairman of the Historic Preservation Board, came before the Commission; and presented the following items from the Historic Preservation Board's regular meeting of January 12, 1999: A. Historic Designation Petition No. 99-HD-02 1911 Oak Street - Lynn A. Curtiss House Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historical Preservation Board unanimously recommends historic designation of the structure known as the Lynn A. Curtiss House located at 1911 Oak Street; that the structure meets the following criteria for historic designation contained in Section IV-806A (1) and (4), Zoning Code (1998): (1) Exemplifies and reflects the broad cultural, political, economic and social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and (4) Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. On motion of Vice Mayor Merrill and second of Commissioner Cardamone, it was moved to set Petition No. 99-HD-02 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Historic Designation Petition 99-HD-03 1620 Wewa Drive - The Hall/Gillett House Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historical Preservation Board unanimously recommends historic designation of the structure known as the The Hall/Gillett House located at 1620 Wewa Drive; that the structure meets the following criteria for historic designation contained in Section IV-806A (1) and (4), Zoning Code (1998): (1) Exemplifies and reflects the broad cultural, political, economic and social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; and BOOK 45 Page 17962 02/01/99 6:00 P.M. BOOK 45 Page 17963 02/01/99 6:00 P.M. (4) Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to set Petition No. 99-HD-03 for public hearing. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. C. Laurel Park Area Workshop Mr. Holliday stated that the Commission is invited to a Laurel Park area workshop scheduled for 6 p.m., February 2, 1999, in Room 303-A, City Hall Annex Building, being held to develop criteria for historically-designated areas; that Commissioner Hogle's attendance at the January 12, 1999, regular Historic Preservation Board meeting is appreciated. On motion of Commission Pillot and second of Commissioner Cardamone, it was moved to receive the report of the January 12, 1999, regular Historic Preservation Board meeting. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 8. BOARD ACTIONS: : REPORT RE: ROSEMARY DISTRICT REDEVELOPMENT ADVISORY BOARD'S REGULAR MEETING OF JANUARY 12, 1999 = RECEIVED REPORT; REFERRED THE MATTER OF USING CDBG FUNDS TO LOWER OR REMOVE THE WALL AT THE COHEN WAY PUBLIC HOUS: ING COMPLEX TO THE ADMINISTRATION FOR A REPORT BACK (AGENDA ITEM II-3) #1 (1580) through (1777) Richard Bass, Chairman, Rosemary District Redevelopment Advisory Board, and Gregory Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission. Mr. Bass presented the following items from the Rosemary District Redevelopment Advisory Board's regular meeting of January 12, 1999: A. Community Development Block Grant (CDBG) Funds Mr. Bass stated that the Rosemary District Redevelopment Advisory Board was created by Resolution No. 96R-853; that one of the duties of the Board is to promote redevelopment of the Rosemary District consistent with the spirit and intent of the Downtown 50-Year Vision Plan dated November 30, 1994, and the Rosemary District Plan, 1998; that a primary issue is crime and the perception of crime in the Rosemary District, especially in the area of the Cohen Way public housing complex; that CBDG funds have been made available for improvements; that the most important improvement requested is the removal or lowering of the walls at the Cohen Way public housing complex; that the Police Department advises the walls perpetuate criminal activity by blocking the view of police officers and by allowing suspects to flee without being seen; that metal poles are sticking out of the ground and are a danger to anyone walking or running in the area; that the use of CDBG funds for either reducing the height of or removing the walls at the Cohen Way public housing complex is requested. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to refer to the Administration the issue of removing or lowering of the walls at the Cohen Way public housing complex for review for a report back to the Commission. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yesi Pillot, yes, Dupree, yes. B. Sarasota County Area Transit (SCAT) Bus Terminal Mr. Bass stated that the Rosemary District Redevelopment Advisory Board questions the proposed location of the SCAT bus terminal at Lemon Avenue and Fruitville Road; that the proposed location is not appropriate or consistent with the Rosemary District Plan and the Downtown 50-Year Vision Plan; that adequate traffic and pedestrian studies have not been completed; that the Board unanimously recommends against locating the SCAT bus terminal at Lemon Avenue and Fruitville Road until further study is completed. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the report of the January 12, 1999, regular Rosemary District Redevelopment Advisory Board meeting. Motion carried unanimously (5 to 0): . Cardamone, yes; Hogle, yes, Merrill, yes, Pillot, yes, Dupree, yes. 9. CONSENT AGENDA NO. 1: ITEM NOS. 1 AND 3 - APPROVED; ITEM NO. 2 - APPROVED AND REFERRED TO THE ADMINISTRATION THE ISSUE OF THE ORANGE AVENUE SCHOOL CROSSING AT BOOKER HIGH SCHOOL TO WORK WITH THE APPROPRIATE PARTIES FOR A BETTER SOLUTION (AGENDA ITEM III-A) #1 (1781) through (2125) Commissioner Cardamone requested that Item No. 2 be removed for discussion. BOOK 45 Page 17964 02/01/99 6:00 P.M. BOOK 45 Page 17965 02/01/99 6:00 P.M. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement between the City of Sarasota and Mark S. Kauffman and Irene Kauffman and RGM Partners, to alter the amount of real property which the owner shall be required to dedicate to the City for ground level parking 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to the Agreement between the City of Sarasota and Boyle Engineering Corporation, (RFP #96-3) for engineering services related to the City's water supply and treatment system improvements On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1 and 3. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the City of Sarasota and the School Board of Sarasota County, which the City of Sarasota shall provide school crossing guards at Booker High School for a specified period of time each week and establishes a reimbursement rate to the City of Sarasota by the School Board, and defines the length of the Agreement Commissioner Cardamone stated that the Commission annually approves an Interlocal Agreement between the City of Sarasota and the School Board of Sarasota County for the City to provide school crossing guards at Orange Avenue at Booker High School; that Orange Avenue is a busy street which runs through the middle of the Booker High School campus; that Commission support is requested to refer the issue of developing traffic solutions to facilitate student safety at the school campus to the Administration; that a similar problem at Sarasota High School was resolved by closing School Avenue for part of the day; that the possibility of a similar solution is not known; that the Booker High School Administration and the City's Police Department would be better able to develop solutions; however, a better solution than at present should be considered. On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to refer consideration of solutions to traffic issues at the Orange Avenue school crossing at Booker High School to the Administration to work with the School Board of Sarasota County and the Administration of Booker High School. Commissioner Hogle stated that no negative law enforcement was noted at the Orange Avenue school crossing during a drive by the Booker High School campus; that three or four police cars were present to enforce school-zone speed limits. Commissioner Pillot stated that the intent of the motion is very important; however, the Interlocal Agreement should be adopted in the interim to assure continuation of the authorization for the City to provide school crossing guards. Commissioner Cardamone stated that the Interlocal Agreement could be extended for two months, allowing time to study the issue. City Attorney Taylor stated that the Interlocal Agreement is for the period beginning July 1, 1998; that approving the Interlocal Agreement at least on an interim basis through March 1, 1999, is preferable. Deputy City Manager Schneider stated that the Interlocal Agreement is for reimbursement of costs; therefore, the Administration recommends approval. On motion of Commissioner Cardamone and second of Vice Mayor Merrill, it was moved to amend the motion to approve the Interlocal Agreement through March 1, 1999. Commissioner Pillot asked if four weeks provides the Administration adequate time to develop a good solution? Deputy City Manager Schneider stated that a longer period of time is requested to work with the School Board of Sarasota County; that numerous neighborhood meetings were held concerning the closing of School Avenue for the Sarasota High School campus; that the suggestion is to approve the Interlocal Agreement through the established period of June 31, 1999; that recommended solutions could be developed and implemented by the beginning of the next school year in 1999. Commissioner Cardamone stated that with the approval of the seconder, Vice Mayor Merrill, the date will be changed to approve the Interlocal Agreement to July 1, 1999. Mayor Dupree called for a vote on the motion to amend to approve the Interlocal Agreement from July 1, 1998, to July 1, 1999. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. City Auditor and Clerk Robinson restated the motion as amended to refer the issue of the Orange Avenue school crossing at Booker High School to the Administration to work with the Administration at Booker High School and the School Board of Sarasota County to BOOK 45 Page 17966 02/01/99 6:00 P.M. BOOK 45 Page 17967 02/01/99 6:00 P.M. find a better solution and to approve the Interlocal Agreement for the period July 1, 1998, to July 1, 1999. Commissioner Pillot stated that inherent in the motion should be working with the Office of the Superintendent of Schools, which should be the initial contact. Mayor Dupree stated hearing the Commission's agreement, working with the Office of the Superintendent of Schools is included in the motion as amended. Mayor Dupree called for a vote on the main motion as amended. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yesi Pillot, yes; Dupree, yes. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 99R-1156) ADOPTED; ITEM NO. 2 (ORDINANCE NO. 99-4105) - ADOPTED; ITEM NO. 3 (ORDINANCE NO. 99-4109) REMOVED; ITEM NO. 4 (ORDINANCE NO. 99-4110) - ADOPTED; ITEM NO. 5 (ORDINANCE NO. 99-4111) - ADOPTED (AGENDA ITEM III-B) #1 (2126) through (2499) Commissioner Hogle requested that Item No. 1 be removed for discussion. City Auditor and Clerk Robinson read proposed Ordinance Nos 99-4105, 99-4110 and 99-4111 by title only. 2. Adoption Re: Second reading of proposed Ordinance No. 99-4105, to vacate the northerly portion of the Ringling Spur right-of-way located north of the southern boundary of the twenty-foot wide alley which will permit the connection of the remainder of the Ringling Spur right-of-way to Links Avenue, as more particularly described herein, and to vacate the southwesterly portion of the Ringling Spur right-of-way located generally westerly of the center line of the Ringling Spur and southerly of the twenty-foot wide alley which will permit the connection of the remainder of the Ringling Spur right-of-way to Links Avenue, as more particularly described herein, and to vacate a fifteen-foot wide alley with its northwesterly terminus at Links Avenue running in a southeasterly direction to its termination at Ringling Boulevard, as more particularly described herein; etc. (Title Only) 4. Adoption Re: Second reading of proposed Ordinance No. 99-4110, providing for the designation of an Historic District to be known as the "Van Wezel Estate District" pursuant to the Historic Preservation Ordinance of the City of Sarasota; said district to be located at 535 Boulevard of the Presidents and 601 Tyler Drive, as more particularly described herein; providing for the classification of the structures and objects within said district as contributing or noncontributing; setting forth criteria for the review of new construction within said district; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 99-4111, providing for the designation of the structure located at 1440 Main Street historically known as the S. H. Kress Building as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota, more particularly described herein; etc. (Title Only) On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to adopt Consent Agenda No. 2, Item Nos. 2, 4 and 5. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Dupree, yes; Hogle, yes; Merrill, yes; Cardamone, yes; Pillot, yes. 1. Adoption Re: Proposed Resolution No. 99R-1156, appropriating $110,000 from the unappropriated fund balance of the General Fund to fund legal fees for a lawsuit against the Florida Department of Transportation concerning the Ringling Causeway Bridge; etc. Commissioner Hogle stated that proposed Resolution No. 99R-1156 to appropriate $110,000 will be supported as the funds are owed for legitimate legal fees for a lawsuit concerning the Ringling Causeway Bridge against the Florida Department of Transportation. Commissioner Hogle referred to a letter dated January 27, 1999, from David Levin, special legal counsel, Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P.A., to the Commission indicating a request for a 30-day continuance of the scheduled final hearing due to an inability to subpoena John W. Winslow, Chief of the Bridge Section, United States Coast Guard, Seventh Coast Guard District, as a witness in the proceedings; and stated that reasonable ease was experienced while serving in public safety for 28 years to subpoena individuals all over the United States, in the military, in Canada and in Jamaica or in taking the matters to a State court or Federal magistrate to certify a subpoena; that the City's legal staff and Administration should receive immediate notification in the future if further delay is necessary. BOOK 45 Page 17968 02/01/99 6:00 P.M. BOOK 45 Page 17969 02/01/99 6:00 P.M. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1156 in its entirety. On motion of Commissioner Hogle and second of Commissioner Pillot, it was moved to adopt Consent Agenda No. 2, Item No. 1, proposed Resolution No. 99R-1156. City Manager Schneider stated that the Administration was not aware of the request for a 30-day continuance of the scheduled administrative hearing on the Ringling Causeway Bridge. City Attorney Taylor stated that Attorney Levin was notified of the importance of moving the lawsuit forward as soon as possible; that the request for delay was unexpected; that the testimony of the witness was considered an essential part of the case. Commissioner Cardamone stated that unusual circumstances must exist if an inability to subpoena a member of the Coast Guard occurs; that the ability to subpoena the witness was discussed briefly with Attorney Levin, at which time concern in delaying the lawsuit was expressed. City Attorney Taylor stated that the only information known is from the letter dated January 27, 1999; that further information can be obtained. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote to adopt Consent Agenda No. 2, Item No. 1, proposed Resolution No. 99R-1156. Motion carried unanimously (5 to 0) : Hogle, yes; Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yes. City Attorney Taylor stated that Agenda Item IV-A-1 to adopt proposed Ordinance No. 99-4117 to rezone City owned property and Agenda Item IV-A-2 to adopt proposed Ordinance No. 99-4118 to rezone the Selby Library site are quasi-judicial public hearings; that neither of the proposed rezonings can be approved legally until the Planning Board/Local Planning Agency (PBLP) has made a finding as to consistency with the Sarasota City Plan, 1998 Edition, which was not in effect when the proposed ordinances were initially presented to the PBLP; that a finding as to consistency is required to comply procedurally with State statutes; that each of the public hearings was noticed in the newspaper; that the Commission may wish to open each public hearing and continue the public hearing to the February 16, 1999, regular Commission meeting in order for the PBLP to consider the finding of consistency with the Sarasota City Plan, 1998 Edition, at the February 3, 1999, regular PBLP meeting. 11. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4117, TO REZONE A PARCEL OF CITY OWNED REAL PROPERTY FROM THE GOVERNMENTAL USES (G) ZONE DISTRICT TO THE OFFICE PARK (OP) ZONE DISTRICT; SAID PROPERTY BEING LOCATED AT THE NORTHEAST CORNER OF CENTRAL AVENUE AND TENTH STREET, A/K/A 1451 TENTH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (PETITION NO. 99-RE-01; APPLICANT: CITY OF SARASOTA) CONTINUED TO THE FEBRUARY 16, 1999, REGULAR COMMISSION MEETING AT 6:00 P.M. (AGENDA ITEM IV-1) #1 (2500) through (2679) City Auditor and Clerk Robinson stated that proposed Ordinance No. 99-4117 is to rezone a parcel of City-owned real property located at the northeast corner of Central Avenue and Tenth Street, a/k/a 1451 Tenth Street, from the Governmental Uses (G) Zone District to the Office Park (OP) Zone District; that the property is 4.477 acres in size and is the future site of television station WWSB-TV, Channel 40; that the Applicant is the City of Sarasota. Mayor Dupree opened the public hearing and requested that Affected Persons and other Interested Persons come forward. There was no one signed up to speak. City Auditor and Clerk stated that the Commission should continue the public hearing concerning proposed Ordinance No. 99-4117 to the February 16, 1999, regular Commission meeting at 6 p.m. and refer the petition back to the PBLP for a finding as to consistency with the Sarasota City Plan, 1998 Edition. On motion of Vice Mayor Merrill and second of Commissioner Hogle, it was moved to continue the public hearing for Ordinance No. 99-4117 to the February 16, 1999, regular Commission meeting and refer the issue back to the PBLP for a finding as to consistency with the Sarasota City Plan, 1998 Edition. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4118, TO AMEND ORDINANCE NO. 97-3974 BY THE AMENDMENT OF PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN 97-PSD-03 PERTAINING TO THE REZONING OF THE PROPERTY COMMONLY KNOWN AS THE SELBY LIBRARY SITE; SAID AMENDMENT CONSISTS OF DELETING A CONDITION OF THE REZONING AND PREVIOUSLY APPROVED SITE PLAN SUCH THAT THE PUBLIC ALLEY ABUTTING THE NORTH PARKING LOT OF THE SELBY LIBRARY SITE WOULD BE A TWO-WAY ALLEY FROM COCOANUT AVENUE TO CENTRAL AVENUE; APPROVING SITE AND DEVELOPMENT PLAN 99-PSD-C AS AN BOOK 45 Page 17970 02/01/99 6:00 P.M. BOOK 45 Page 17971 02/01/99 6:00 P.M. AMENDMENT TO THE PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN 97-PSD-03; PROVIDING FOR CONDITIONS; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (PETITION NOS. 99-CO-03 AND 99-PSD-C; APPLICANT: CITY OF SARASOTA) - CONTINUED TO THE FEBRUARY 16, 1999, REGULAR COMMISSION MEETING AT 6:00 P.M. (AGENDA ITEM IV-2) #1 (2680) through (2767) City Auditor and Clerk Robinson stated that proposed Ordinance No. 99-4118 is a request to amend by deleting from previously adopted Ordinance No. 97-3974 Condition No. 7 requiring the alley between Central and Cocoanut Avenues be one-way eastbound which applies to property located at 1331 First Street, the Selby Library; that Petition No. 99-PSD-C is a request to amend previously approved Petition No. 97-PSD-03 for the library site by allowing two-way traffic along the alley; that the Applicant is the City of Sarasota. Mayor Dupree opened the public hearing and requested that Affected Persons and other Interested Persons come forward. There was no one signed up to speak. City Auditor and Clerk stated that the Commission should continue the public hearing concerning proposed Ordinance No. 99-4118 to the February 16, 1999, regular Commission meeting at 6 p.m. and refer the petition back to the PBLP for a finding as to consistency with the Sarasota City Plan, 1998 Edition. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to continue the public hearing for proposed Ordinance No. 99-4118 to the February 16, 1999, regular Commission meeting and refer the issue back to the PBLP for a finding as to consistency with the Sarasota City Plan, 1998 Edition. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS - REFERRED ISSUE OF PARKING AND PEDESTRIAN SAFETY ON MAIN STREET TO ADMINISTRATION FOR REVIEW AND REPORT; APPROVED PLACEMENT OF INFORMATION CONCERNING THE REFERENDUM ON ENVIROAMENTALLY- SENSITIVE LANDS PROGRAM IN CITY WATER BILLS PRIOR TO MARCH 9, 1999, REFERENDUM; DIRECTED ADMINISTRATION TO INVESTIGATE THE ADMISSION OF YOUNG CHILDREN TO THE BUMPERS NIGHTCLUB AND REPORT BACK IMMEDIATELY (AGENDA ITEM VI) #1 (2768) through #2 (0603) Ernest Babb, 1886 Bahia Vista Street (34239), distributed copies of excerpts from the Sarasota Community Redevelopment Plan, 1986; and stated that the included plan principles are supposed to guide the City's comprehensive plan and land development regulations; that Melanie Eckstein spoke concerning problems of pedestrian and traffic safety on Main Street at the January 4, 1999, regular Commission meeting; and cited the Sarasota Community Redevelopment Plan, 1986, as follows: Main Street's attractiveness to pedestrians is also critical in enhancing its competitiveness as a retail location The plan's basic objectives are to create a high level of pedestrian amenity on downtown's principal shopping street Consequently, the plan recommends narrowing the existing roadway pavement, and replacing the existing angled parking with parallel parking, to allow the sidewalk to be widened to 20 feet Mr. Babb stated that at the time the Sarasota Community Redevelopment Plan was written, angle parking was used, followed by parallel parking and followed by a return to angle parking; that the Plan indicates angle parking is dangerous; that the Commission's consideration of a return to parallel parking is requested; and cited the following from the Sarasota Community Redevelopment Plan, 1986, regarding paving in the pedestrian zone: The use of paving for the full width of the pedestrian zone is recommended to give visual emphasis, continuity, and a strong sense of identity to Main Street from Gulf Stream to Orange Avenue. Mid-block pedestrian crossings are recommended for two long blocks located between Orange Avenue and Five Points to facilitate pedestrian movement between facing storefronts. These crosswalks should be surfaced with special paving to enhance their visibility and emphasize the continuity of pedestrian movement. Mr. Babb stated that at the January 4, 1999, regular Commission meeting, the Mayor agreed angle parking is dangerous; that comments were made regarding the perception of the City as unfriendly to pedestrians; that Commissioner Cardamone stated more should be done to assist safe movement for pedestrians; that one example of an unsafe crossing area is at Bahia Vista Street and U. S. 41 where pedestrians are completely disregarded by vehicles; that the Commission is requested to: 1) provide a parking solution as outlined in the Plan, 2) develop a plan for promoting pedestrian safety, and 3) publish an implementation timeline; that strong enforcement by the Police Department in the pedestrian areas and crosswalks is necessary or traffic will continue to move without regard for pedestrians in busy pedestrian zones. BOOK 45 Page 17972 02/01/99 6:00 P.M. BOOK 45 Page 17973 02/01/99 6:00 P.M. Commissioner Cardamone stated that the information concerning pedestrian-friendly programs in small cowns in Maine was requested over a year ago; that discussion concerning information addressing pedestrian safety issues will be brought up later in the meeting. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to refer the matter of pedestrian safety and parking on Main Street to the Administration for review and a report back to the Commission at the first opportunity. Vice Mayor Merrill asked for clarification of the Sarasota Community Redevelopment Plan. Mr. Babb stated that the Community Redevelopment Agency (CRA) currently operates under the Sarasota Community Redevelopment Plan which was enacted in 1986. Vice Mayor Merrill stated that planning is done in cycles; that angle parking was considered unsafe from the 1950s to the 1970s; that now angle parking is considered a way of slowing traffic; that the issue of pedestrian safety is a good one; that a study for possible improvement in pedestrian safety through traffic laws is supported; however, a return to parallel parking is not supported. Commissioner Pillot stated that parallel parking is not included in the motion; that the motion requests the Administration review and make recommendations as appropriate. Vice Mayor Merrill stated that the Administration should be directed to focus on particular issues; that comments regarding the inability to see around large utility vehicles when parking on the street is valid and is an issue shared around the country and not easily or quickly solvable. Mayor Dupree stated that the Administration is requested to consider basic parking patterns and visibility to determine if pedestrians can safely cross wide streets and to enhance visibility and emphasize continuity of pedestrian movement. Commissioner Cardamone stated that the motion is supported in the interest of pedestrian safety; that the driving public should be aware of the importance of watching for, slowing down and eventually stopping in the presence of pedestrians; that the best solution is for every vehicle to stop if a pedestrian puts one foot off the curb; that such a law exists in several States now and could be considered for the City; that presently, crossing busy streets in the City is a frightening experience as so many drivers totally ignore pedestrians. Vice Mayor Merrill stated that the motion is supported as pedestrian safety is of utmost importance. Commissioner Pillot stated that the motion makes no specific recommendations nor is the Administration restricted to particular methods of dealing with parking and pedestrian safety issues; that Mr. Babb's concerns are valid and should be addressed. Mayor Dupree called for a vote on the motion to refer the matter of pedestrian safety and parking on Main Street to the Administration for review and a report back to the Commission as soon at the earliest opportunity. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Robert Patten, 1862 Alta Vista Street (34236), Chairman, Sarasota County Forever Committee a registered political action committee (PAC) recently formed to promote passage of the March 9, 1999, referendum concerning the Environmentally-Sensitive Lands Program for the purpose of protecting Sarasota County's endangered lands, stated that 5 to 6 minutes of speaking time is requested. Commissioner Pillot stated that the subject is the referendum to come before the voters of Sarasota County concerning the Environmentally-sensitive Lands Program and is important; that allowing the additional time is suggested. Mayor Dupree stated that hearing the Commission's agreement, five minutes of speaking time will be allowed. Mr. Patten stated that Edward Freeman, Environmental Specialist III of the Sarasota County Department of Natural Resources Department is in the audience and will answer technical and historical questions if requested; that the March 9, 1999, referendum concerning the Environmentally-Sensitive Lands Program is one of the most significant environmental protection initiatives in the history of Sarasota County; that citizens will have the opportunity to decide whether or not a funding source should be established to protect the beautiful and unique lands in the area for purposes of wildlife protection, significant flood and drinking water protection, preserving existing agriculture and unparalleled recreational opportunities. Mr. Patten distributed copies of a map showing 18 sites, ranging from a 25-acre coastal hammock to 22,750 acres of historic, native ranchlands which have been identified for acquisition or the purchase of conservation easements; and stated that the sites must meet five criteria for approval: BOOK 45 Page 17974 02/01/99 6:00 P.M. BOOK 45 Page 17975 02/01/99 6:00 P.M. 1. exhibit ecological rarity, 2. exhibit ecological health with minimal disturbance, 3. show connection or possible connection to existing preserves, 4. be properly manageable, and 5. provide for protection of water quality. Mr. Patten stated that the 18 sites total 36,000 acres; that half the sites are contiguous with existing protected lands sO existing public investments are further protected and the County is moved closer to physically linking sites into a definable expanded system; that the real benefit of environmental preservation occurs when sustainable, large-scale wildlife and vegetative corridors are saved; that the isolating of an acre of trees in one area or an acre of wetlands in another area has value; however, the value of saving an entire parcel is much larger and thus desirable; that five sites adjoin one of the County's geographic borders providing linkages to natural systems in adjoining counties; that one third have scrub jay bird habitats; that many have three or more significant animal habitats; that seven sites protect key lands along the Myakka River; that the County is requested to purchase title to approximately 20,000 of the 36,000 acres over a 20-year period; that the remaining 16,000 acres would be protected through the purchase of conservation easements. Mr. Patten continued that conservation easements will cost less while protecting the property from development and allowing the property to remain on the tax rolls; that current property owners would retain title to the property and continue to use the property for activities such as ranching; that the County would own the development rights; that another advantage of passing the referendum is the potential for leveraging local funds with State and Federal funds; that Florida voters overwhelmingly passed the Forever Florida Act in 1998; therefore, Sarasota County residents can expect to receive $.50 to .85 of State and Federal funds for every dollar generated locally; that voters will be asked concerning the March 9, 1999, aviralyseitive Land Program referendum to decide on the following issues: 1) shall Sarasota County be authorized to increase the ad valorem tax on all taxable properties by not more than .25 mills over a 20-year period for the purpose of acquiring, protecting and managing of environmentally-sensitive land and 2) shall Sarasota County be authorized to issue general obligation bonds not exceeding $53 million with an expiration date of 2019; that the County is not likely to require bonding for the full allotment as the program is intended as a "pay-as-you-go". program; however, some property owners are interested in participating now; therefore, the bond authority must be in place to raise the funds; that approval of the bonding issue assures the funds will be available for purchases before the land is sold for development and provides matching funds for State and Federal programs. Mr. Patten stated further that a .25 mills assessment per year would be about $1.60 per month, on a $100,000 house with a homestead exemption; that the Sarasota Board of County Commissioners would be required to vote on the millage assessment annually; therefore, the assessment may not reach .25 mills; that properties also will be reviewed annually; that the program is run totally by volunteers which is one of the most important components of the initiative; that the concept of offering the land for sale in lieu of developing the land is an example of capitalism in the best sense and is good for the environment and for the citizens of Sarasota; that the program requires 10 percent of funds be set aside in the Land Management Restoration Fund exclusively for proper and professional management of the land, which addresses past criticism concerning purchase of public lands without proper management resources; that passage of the proposed referendum will reap long-term benefits such as clean air and water and protection of valuable land which will be a legacy for later generations; that the Commission's endorsement of the goals and objectives of the proposed Environmentally-Sensitive Lands Program referendum and encouraging citizen support is requested; that the Sarasota County Forever Committee and the Sarasota County Administrator's Office will work with City Staff to prepare an appropriate resolution for Commission approval; that a draft of the proposed County resolution is not available as the County is currently composing the appropriate wording; that the reason for coming before the Commission under Citizens' Input rather than as an Agenda item is the Sarasota County Forever Committee only received official legal recognition on Friday, January 29, 1999; that the Commission's approval is requested to include the information in the notice sent out with City water bills as limited funds are available; that the Tiger Bay Club held a forum today including a six-member panel involving the Chamber of Commerce, local environmental representatives, and the Sarasota County Administrator;, that no one opposed the proposed Environmentally-Sensitive Lands Program referendum; however, many questions remain over decisions of land choice and the direction of the program; that several previous meetings have been held with the County Administrator, the Chamber of Commerce, the Argus Foundation, homeowners and Sarasota County representatives. Commissioner Hogle stated that problems at the Carlton Preserve are known; that information relating to recreational use provided to the Commission should also be forwarded to the Parks, Recreation and Environmental Protection Advisory Board. BOOK 45 Page 17976 02/01/99 6:00 P.M. BOOK 45 Page 17977 02/01/99 6:00 P.M. Mr. Patten stated that criticism has been directed at the lack of access to passive recreational activities at the Carlton Preserve; that Sarasota County Commissioner Robert Anderson has indicated changes are likely in the near future; that public access will be allowed to all the lands chosen for the program. Vice Mayor Merrill asked if placement of an informational notice concerning the referendum for the Environmentally-Sensitive Lands Program in City water bills is feasible prior to the March 9, 1999, election? Deputy City Manager Schneider stated yes, if the referendum materials are received quickly; that Staff would only require one or two days to process the material before submitting to the Commission for approval. On motion of Vice Mayor Merrill and second of Commissioner Pillot, it was moved to send out information concerning the Environmentally-Sensitive Lands Program referendum with City water bills prior to the March 9, 1999, election. Vice Mayor Merrill stated that Mr. Patten's efforts in presenting the proposed virntaly-samitye Lands Program referendum to the Commission are appreciated; that the referendum is supported even though an increase in taxes will be required; that the City's millage has recently been cut by 3 mills; therefore, the idea of returning a small amount to the community to ensure a bright future by purchasing valuable lands is supported; that the purchase of the west side of the Myakka River to improve access for boating, etc., is one amenity which can be enjoyed by everyone; that the environmentally-sensitive lands for purchase are not firmly established at the present time; however, new land acquisition possibilities are likely in the future; that preserving valuable waterfront property with less-stringent environmental restrictions could be accomplished by the Environmentally-Sensitive Lands Program. Commissioner Cardamone asked if official Commission support is required to include a notice concerning the Environmentally- Sensitive Lands Program referendum with City water bills? Vice Mayor Merrill stated that action by the Commission is allowed under Citizens' Input with the support of four of five Commissioners; however, approval to dispense information to the public is preferred as public funds are being requested. Commissioner Pillot asked if approval is necessary prior to the February 16, 1999, regular Commission meeting to include an informational notice of the referendum with City water bills? Deputy City Manager Schneider stated yes. Commission Pillot asked if the motion grants the Administration approval authority and eliminates the necessity of bringing back the notice for Commission approval? City Auditor and Clerk Robinson stated yes. Commissioner Cardamone stated that a resolution of support will be presented at the February 16, 1999, regular Commission meeting; however, inclusion of the resolution in the City water bills is unnecessary. Mayor Dupree called for a vote on the motion to include information on the Environmentally-Sensitive Lands Program referendum in the City water bills prior to the March 9, 1999, election. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Jesse Johnson, 919 Goodrich Avenue (34237), stated that the Hollywood 20 Theatre complex has age restrictions for certain movies; however, no age restrictions appear to exist at the nearby Bumpers Nightclub located at 1927 Ringling Boulevard; that children as young as nine or ten years old are admitted; that the Mayor was asked for permission to bring the matter before the Commission and also to advise the City Manager of the problem; that 300 to 400 children gather at Bumpers Nightclub on Friday nights; that his 18-year-old son revealed taking two 16-year-old sisters to the nightclub instead of the Hollywood 20 Theatre. Mayor Dupree stated that many parents drop young people off at the Hollywood 20 Theatre; that the young people walk to the nightclub which is approximately a block and a half away. Mr. Johnson stated that restrictions should be enforced at Bumpers Nightclub. Commissioner Pillot stated that Mr. Johnson's visits to the Commission are always prompted by important events affecting the Community; that young children should not be admitted to Bumpers Nightclub. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved for the Administration, the Police Department, and Code Enforcement to investigate the admission of young children to Bumpers Nightclub and report back to the Commission immediately. Mayor Dupree stated that the City Manager has completed some investigation concerning the problem. BOOK 45 Page 17978 02/01/99 6:00 P.M. BOOK 45 Page 17979 02/01/99 6:00 P.M. Mayor Dupree called for a vote on the motion. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. The Commission recessed at 7:55 p.m. and reconvened at 8:05 p.m. 14. UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 99-4114, RELATING TO THE REGULATION OF CABLE COMMUNICATIONS SYSTEMS OPERATING WITHIN THE INCORPORATED LIMITS OF THE CITY; PROVIDING FOR A TITLE; PROVIDING FOR DEFINITIONS OF TERMS USED IN THIS ORDINANCE; PROVIDING FOR GRANT OF AUTHORITY; PROVIDING FOR APPLICATION FOR FRANCHISE PROVIDING FOR LIMITATIONS OF FRANCHISE; PROVIDING FOR TERM OF THE FRANCHISE; PROVIDING FOR FRANCHISE RENEWAL; PROVIDING FOR DISCONTINVANCE AND REMOVAL OF THE SYSTEM; PROVIDING FOR TRANSFER OF OWNERSHIP OR CONTROL TO THIRD PARTY; PROVIDING FOR TRANSFER OF OWNERSHIP TO CITY AND TRANSITION PERIOD; PROVIDING FOR FRANCHISE FEES; PROVIDING FOR DISPOSITION OF FACILITIES PROVIDING FOR REGULATORY AUTHORITY PROVIDING FOR RATES AND CHARGES: PROVIDING FOR PERFORMANCE BOND; PROVIDING FOR INDEMNITY AND INSURANCE: PROVIDING FOR DESIGN AND CONSTRUCTION, PROVIDING FOR USE OF STREETS; PROVIDING FOR CONSTRUCTION REPORTING REQUIREMENTS PROVIDING FOR TESTS AND PERFORMANCE MONITORING: PROVIDING FOR SERVICES TO SUBSCRIBERS AND INSTITUTIONS PROVIDING FOR INSTALLATIONS. CONNECTIONS, AND OTHER SERVICES; PROVIDING FOR SERVICE CALLS AND COMPLAINT PROCEDURES PROVIDING FOR OPERATION AFTER TERMINATION OR EXPIRATION OF FRANCHISE PROVIDING FOR PROTECTION OF SUBSCRIBER PRIVACY; PROVIDING FOR RIGHTS OF INDIVIDUALSI PROVIDING FOR LANDLORD, /TENANT; PROVIDING FOR BOOKS AND RECORDS; PROVIDING FOR REPORTS; PROVIDING FOR RECORDS: PROVIDING FOR PROVISION OF INFORMATION: PROVIDING FOR ENFORCEMENT REMEDIES: PROVIDING FOR REVOCATION: PROVIDING FOR JUDICIAL REVIEW; PROVIDING NO WAIVER OF RIGHTS; PROVIDING FOR CAPTIONS; PROVIDING FOR SEVERABILITY PROVIDING FOR ASSIGNS; PROVIDING FOR PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR INTERPRETATION, PROVIDING FOR REPEAL OF ORDINANCE NOS. 2042 AND 84-2824; PROVIDING FOR AUTOMATIC REPEAL DATE; ETC. (TITLE ONLY) POSTPONED TO THE MARCH 1, 1999, REGULAR COMMISSION MEETING (AGENDA ITEM VII-1) #2 (0611) through (0970) Deputy City Manager Schneider stated that proposed Ordinance No. 99-4114 relates to the regulation of cable communications systems; that the proposed ordinance was passed on first reading at the January 19, 1999, regular Commission meeting, at which time seventeen differences between the City's and the County's cable communications ordinances were indicated; that the Administration indicated continued discussions would occur with Comcast Cablevision of West Florida, Inc. (Comcast), the only provider of cable services in the City at this time, to resolve the differences; that a meeting was held with Comcast on January 27, 1999, at which time Comcast identified seven additional minor differences; that all issues were resolved with the exception of four as follows: 1. Section 18.12, pertaining to damages that could occur if the City was forced to disconnect a portion of the cable system in the event of an emergency after notifying the Franchisee. The language in the Ordinance would protect the City from any damages to the Franchisee, and the Franchisees customers or third parties. Comcast desires that the Ordinance only address damages from the Franchisee. 2. Section 23.9, allows the City to amend the customer service standards and consumer protection matters by ordinance. 3. Section 32.1, pertaining to waiver of rights, is included in the City ordinance. 4. Section 32.4, pertaining to future assignments, is included in the City ordinance. Comcast prefers this section be eliminated. Deputy City Manager Schneider stated that Comcast contacted the Administration today and advised differences remain on thirteen items; that eight items, not yet identified, are apparently relatively minor issues; that five items are contained in the already identified differences; that the Commission will likely be asked for additional time to resolve the differences; that the Administration and the City Attorney's Office indicated clearly the City's legislative authority would not be usurped in the process from the beginning of discussions with Comcast; that any recommended ordinance must ensure the City's best interests are protected before presentation to the Commission; that areas of differences between the Administration and Comcast would be indicated to the Commission, which could make the final decision; that the Administration desires to seek resolution of differences with Comcast; however, protections for the City are of utmost importance; that the proposed ordinance provides the potential for multiple cable providers; however, Comcast is presently the only cable provider in the City; that future competitors may not BOOK 45 Page 17980 02/01/99 6:00 P.M. BOOK 45 Page 17981 02/01/99 6:00 P.M. have the financial resources of Comcast; that the City must have the ability as the franchising authority to deal with such situations; that Sarasota County similarly negotiated an ordinance and a franchise agreement; that Comcast desires identical franchise agreements and ordinances; that presently the City and County have almost identical agreements and ordinances; however, the City Attorney's Office has requested certain provisions be included to protect the City; that Comcast is requesting further discussion to assure an adequate understanding or to change the language; therefore, the preference is for an extension of time rather than proceeding to an administrative hearing; that the Administration will defer on making a recommendation until Comcast has had an opportunity to speak. City Attorney Taylor stated that a discussion with Comcast's attorney provides the basis for believing an agreement can be reached on all or most of the differences; that a 30-day extension is requested and supported; that a lengthy, expensive process will result if no extension is granted; that more time is necessary to work out the remaining differences between the City and Comcast. Vice Mayor Merrill stated that the Commission is unable to make an informed decision until the Administration makes an evaluation and recommendation; and asked if the Administration is recommending a delay in consideration of the proposed ordinance? Deputy City Manager Schneider stated that the request to review additional outstanding differences was made by Comcast this afternoon; that the specifics of the issues at the present time are not known. Vice Mayor Merrill stated that consideration of proposed Ordinance No. 99-4114 should be postponed to the March 1, 1999 regular Commission meeting to allow adequate time for review by the Administration without hearing additional input. Deputy City Manager Schneider stated that postponing further consideration is agreeable; that avoiding an. administrative hearing is desired, if feasible. Commissioner Pillot asked if the speakers who have signed up to speak will defer from speaking? Steve Dvoskin, 5205 Fruitville Road (34232), representing Comcast, deferred from speaking. Brenda Patten, law firm of Kirk-Pinkerton. representing Comcast, deferred from speaking. On motion of Vice Mayor Merrill and second of Commissioner Pillot, it was moved to postpone consideration of proposed Ordinance No. 99-4114 concerning regulation of cable communications systems to the March 1, 1999, regular Commission meeting. Commissioner Cardamone stated that the motion is supported; that the Administration was authorized to act on behalf of the Commission on contract negotiations; that negotiating at the Commission table is not desired. Commissioner Pillot stated that the motion is supported; that implicit in the motion should be the Administration's continued authority to act on the Commission's behalf during the 28-day period. Mayor Dupree stated that hearing the Commission's agreement, incorporated in the motion is the Administration's continued authority to act on the Commission's behalf during the 28-day period. Mayor Dupree called for a vote on the motion to postpone consideration of proposed Ordinance No. 99-4114 concerning regulation of cable communications systems to the March 1, 1999, regular Commission meeting incorporating the Administration's continued authority to act on the Commission's behalf during the 28-day period. Motion carried unanimously (5 to 0) : Cardamone, yesi Hogle, yesi Merrill, yes; Pillot, yes; Dupree, yes. 15. UNFINISHED BUSINESS: APPROVAL RE: REQUEST TO ISSUE A BID FOR CONSTRUCTION SERVICES FOR THE HOG CREEK HABITAT RESTORATION PROJECT - APPROVED (AGENDA ITEM VII-2) #2 (0971) through (1005) Deputy City Manager stated that the Administration recommends approval to issue a Request for Bids for construction services for the Hog Creek Habitat Restoration Project. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to issue a Request for Bids for construction for habitat restoration on Hog Creek. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 16. UNFINISHED BUSINESS: APPROVAL RE: AMENDMENT TO THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE HOG CREEK HABITAT RESTORATION PROJECT - APPROVED (AGENDA ITEM VII-3) #2 (1006) through (1034) BOOK 45 Page 17982 02/01/99 6:00 P.M. BOOK 45 Page 17983 02/01/99 6:00 P.M. Deputy City Manager stated that the Administration recommends approval of an Amendment to the Agreement with the Florida Department of Environmental Protection (FDEP) to accept $200,000 from the U.S. Fish and Wildlife Service for land acquisition and habitat restoration and enhancement at Hog Creek. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the Amendment to the FDEP Agreement to accept $200,000 from the U.S. Fish and Wildlife Service for land acquisition and habitat restoration and enhancement at Hog Creek. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yesi Dupree, yes. 17. UNFINISHED BUSINESS: APPROVAL RE: WHITAKER GATEWAY PARK RECOMMENDATIONS. IMPLEMENTATION SCHEDULE AND STATUS REPORT - APPROVED (AGENDA ITEM VII-4) #2 (1035) through (1078) Deputy City Manager Schneider stated that at the December 21, 1998, regular Commission meeting, the Parks, Recreation and Environmental Protection Advisory Board reported regarding concerns of property owners adjacent to Whitaker-Gateway Park and recommendations for addressing changes; that one concern was the possibility of installing a gate at the park; that as a result of the discussions with the Police Department, the Public Works Department recommends placing a sign inside the park entrance past the first 10-space parking area indicating the following: No Parking Beyond this Point (winter) 9 p.m. to 6 a.m. and (summer) 10 p.m. to 6 a.m. Deputy City Manager Schneider stated that the sign will be changed winter and summer to avoid confusion; that pending Commission approval the sign can be fabricated and installed by February 15, 1999; that a sign was installed January 29, 1999, indicating the following: Park Closed from 11 p.m. to 5 a.m. Deputy City Manager Schneider referred to a memorandum dated January 20, 1999, from Duane Mountain, Deputy Director of Public Works, to the City Manager including an implementation plan with schedule of improvements as Eollows: No Parking Signs in lieu of gate - Installed by February 15 Signs indicating park hours Installed by January 29 Maintenance - Completed request to Sarasota County Fence - Completed Security - Completed with memorandum dated January 8, 1999, from Mr. Mountain to the Police Chief Stormwater - Scheduled for completion March 1999 Shelters, Tables, Grills and Fitness Equipment - Included in Phase III construction scheduled for bid by March 1999 Buffers - Included with Phase III construction scheduled for bid March 1999 Plants - Included with Phase III construction scheduled for bid March 1999 Deputy City Manager Schneider stated that the Administration recommends approval of the recommendations and the implementation plan. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the implementation plan and schedule. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 18. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE CONTRACT BETWEEN THE CITY OF SARASOTA AND DOOLEY AND MACK AND FORRISTALL ENTERPRISES AS CONSTRUCTION MANAGER FOR THE VAN WEZEL PERFORMING ARTS HALL RENOVATIONS - APPROVED (AGENDA ITEM VII-5) #2 (1080) through (1279) Deputy City Manager Schneider stated that approval is requested for a contract between the City and Dooley and Mack and Forristall Enterprises as construction manager for the Van Wezel Performing Arts Hall (VWPAH) renovations. City Attorney Taylor stated the contract is for a construction manager and covers both the pre-construction and construction phases of the VWPAH renovations. Michael Connolly, City Attorney's Office, stated that the contract is a standard American Institute of Architects (AIA) contract for a construction manager and includes two phases: 1) pre-construction phase at a cost of $113,000, and 2) construction phase at a cost of 3.5 percent of the Guaranteed Maximum Price (GMP) i that the GMP is unknown at this time and will be a negotiated amendment to the contract; that the GMP cannot be determined until the architect has completed all the contract documents; that upon completion, the documents will be submitted to the construction manager and put out to bid to subcontractors; that a negotiation process takes place between the architect, the BOOK 45 Page 17984 02/01/99 6:00 P.M. BOOK 45 Page 17985 02/01/99 6:00 P.M. construction manager and the City as the owner to determine the GMP. Commissioner Cardamone asked if the contract signals the beginning of the renovations at the VWPAH as well as establishes timelines? Attorney Connolly stated yes. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to approve the contract between the City of Sarasota and Dooley and Mack and Forristall Enterprises as construction manager for the VWPAH renovations. Commissioner Pillot stated that employing a reputable, local contractor as construction manager is good news as the project is large and involves a very important facility in the City. Commissioner Cardamone asked the re-opening date of the VWPAH? Attorney Connolly stated that the anticipated re-opening date is January 2000. Deputy City Manager Schneider stated that the project is approximately six to eight weeks behind schedule; that every effort will be made to meet the anticipated re-opening date of the VWPAH. Commissioner Hogle stated that at the February 1, 1999, meeting of the VWPAH Advisory Board, Board members promised full cooperation in accomplishing the anticipated January 2000 re-opening date. Mayor Dupree called for a vote on the motion to approve the contract between the City of Sarasota and Dooley and Mack and Forristall Enterprises as construction manager for the VWPAH renovations. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 19. NEW BUSINESS: DISCUSSION RE: DESIGNATION OF BIG SARASOTA PASS AS THE OFFICIAL U.S. ARMY CORPS OF ENGINEERS MAINTAINED CHANNEL - APPROVED SUPPORTING SARASOTA COUNTY'S WITHDRAWAL OF REQUEST TO DESIGNATE BIG SARASOTA PASS (AGENDA ITEM VIII-1 #2 (1280) through (1420) Dennis Daughters, Director of Engineering/City Engineer, referred to a memorandum dated January 13, 1999, from James Ley, Sarasota County Administrator, to City Manager Sollenberger, indicating Sarasota County is withdrawing a previous request to the U.S. Army Corps of Engineers (USACE) to designate Big Sarasota Pass as the official pass for USACE maintenance; that the issue of official pass designation could be sent to the Coastal Advisory Committee for further consideration of the technical merits. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to support the Sarasota Board of County Commissioners' request to withdraw designation of Big Sarasota Pass as the official pass for USACE maintenance. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Commissioner Cardamone referred to an article in the January 28, 1999, issue of the Pelican Press concerning a regional regular renourishment program of beaches proposed by the State; and asked if the beachfront citizens have expressed happiness over the article. Mr. Daughters stated that telephone contact was unsuccessfully attempted with the Chairman of the Lido Beach Coalition in hopes of discovering the beachfront community's reaction; that the Lido Beach Coalition is aware of the City's desire to look at the entire Lido Beach through a USACE project which might not necessarily be a regional project; that the newspaper article is a report on the State's 5-Year Plan in which the City is included. 20. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PURCHASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND SIXTH STREET ENTERPRISES, INC. FOR THE PROPOSED SALE OF CITY-OWNED PROPERTY AT 1419 AND 1429 SIXTH STREET IN THE ROSEMARY DISTRICT - APPROVED (AGENDA ITEM VIII-2) #2 (1421) through (1880) Gregory Horwedel, Director of Neighbornoods and Redevelopment, came before the Commission and stated that Sixth Street Enterprises, Inc., which owns the adjacent property at 1421 Sixth Street, wishes to purchase City-owned lots located at 1419 and 1429 Sixth Street in the Rosemary District for a parking lot; that redevelopment is not feasible unless additional parking is obtained; that the intent at the time of the original purchase was to purchase the adjacent lots at a later date; that Sixth Street Enterprises, Inc., has agreed to pay the City the full appraised price of $38,000; that the lots will be used primarily as a parking lot; however, plans are scheduled to construct a small building for use as an artesian shop to build boats; that a request will be submitted for rezoning. Commissioner Pillot asked if improvements to the property would meet all City requirements? BOOK 45 Page 17986 02/01/99 6:00 P.M. BOOK 45 Page 17987 02/01/99 6:00 P.M. Mr. Horwedel stated yes; that the City has the right to approve any improvements, up to and including painting; that the contract contains a reverter clause; that the City has the right to recapture the property for failure to adhere to the purchase agreement. Mayor Dupree asked if boat refurbishment would take place at the property and the number of boats in the shop at any one time? Mr. Horwedel stated that a local craftsperson would build small, molded wooden rowboats; that boats would be built from scratch rather than brought in for repair; that a clause could be incorporate into the purchase agreement to prohibit boats from being brought to the site. Commissioner Pillot stated that outside storage of boats is a concern; that the property improvements must comply with all City zoning requirements. Patrick and Charlie Ball, Sixth Street Enterprises, Inc., came before the Commission. Mr. Patrick Ball stated that boats have been built in the past; that boatbuilding is a personal hobby; that the desire is to build a parking lot and a boat shop to build new, small wooden boats and to create storage of personal boats; that the former grocery store may be leased to artisans for a home/business combination; that all businesses will be consistent with the City's zoning requirements. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to approve and authorize the Mayor and City Auditor and Clerk to sign the purchase agreement for the purchase of City-owned lots located at 1419 and 1429 Sixth Street in the Rosemary District. Commissioner Cardamone asked if any possibility exists boat trailers will be allowed on the lots? Mr. Patrick Ball stated that outside storage is prohibited by the Zoning Code (1998). Mayor Dupree called for a vote on the motion to approve and authorize the Mayor and City Auditor and Clerk to sign the purchase agreement for the purchase of City-owned lots located at 1419 and 1429 Sixth Street in the Rosemary District. Motion carried unanimously (5 to 1): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 21. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED THE ADMINISTRATION TO CONDUCT A STUDY TO CONSIDER POSSIBLE ALTERNATIVES TO REHABILITATION OF THE COHEN WAY PUBLIC HOUSING COMPLEX (AGENDA ITEM X) #2 (1881) through (2865) COMMISSIONER HOGLE: : A. referred to the report of the January 12, 1999, meeting of the Rosemary District Redevelopment Advisory Board under Agenda Item II-3 including a request to use Community Development Block Grant (CDBG) funds at the Cohen Way public housing complex; and stated that the funds may be better spent at the Janie Poe public housing complex; however, no action is being requested at this time. Commissioner Cardamone referred to a letter dated January 7, 1999, from Leon Campbell, Chairman of the Sarasota Housing Authority (SHA) Board of Commissioners to Richard Bass, Chairman of the Rosemary District Redevelopment Advisory Board indicating the implementation of the 1998 Comprehensive Grant Program (CGP) at the Cohen Way public housing complex; and stated that a better solution should exist to investing $20,000 per unit at the Cohen Way housing complex; that the rehabilitation will not eliminate the density problem; that another refurbishment will be necessary in 10 years; that the Commission has supported the Housing Opportunities for People Everywhere (HOPE) -VI grant several times in the past; that the Commission has also supported the possible conversion of the Cohen Way public housing complex to a cooperative venture, allowing for individual ownership; that Commission support is requested to: 1) request the SHA Board proceed no further on the recommendations for the rehabilitation of the Cohen Way public housing complex and 2) request City Staff investigate possible funding to completely rebuild the Cohen Way public housing complex; that $500,000 has been provided in the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, for the Cohen Way public housing complex; that Robert Shiffman, President, the Wynnton Group, Inc., has offered $200, ,000; that CDBG funds may be available; that the SHA is willing to dedicate funds to a moderate rehabilitation; therefore, creation of a pool of funds may be possible to construct a new, high quality housing facility which could provide better living circumstances for SHA residents and mixed- income cenants; that a better alternative for higher-quality housing should be explored; that support of the Commission would encourage Eurther investigation on housing possibilities; that assistance of the Finance Department would be appreciated to find ways the City can participate. BOOK 45 Page 17988 02/01/99 6:00 P.M. BOOK 45 Page 17989 02/01/99 6:00 P.M. Commissioner Hogle stated that a relative worked for a company which installed pre-stressed beams during the original construction at the Cohen Way public housing complex; that the concern at the time was the project did not suit the location; that the concern remains at this time. Commissioner Cardamone stated that Commission support of exploring the possibility of a new affordable housing facility replacing the Cohen Way public housing complex is requested; that private organizations build affordable apartments; that some City funds may be available; that a public/private partnership may be possible; that as the Cohen Way public housing complex is such a important piece of property a solution should be found; that an effort should be made to find the financing to rebuild. Commissioner Pillot stated a study to find a better solution for the Cohen Way public housing complex is supported. Vice Mayor Merrill stated a study is supported; however, the concept of appealing to mixed-income type tenants in the hope of improving conditions should not be the impetus for such a study; that a similar mixed-income development which has lasted over five years should be viewed to provide knowledge of the durability over the long term; that the Cohen Way public housing complex probably looked good in the first few years; that comparisons should be made carefully; that more expensive housing aimed at mixed-income groups can fall into disrepair as easily as less expensive housing; that renovation is personally favored and is far less expensive than rebuilding. Commissioner Hogle stated that a study to find a better solution for the Cohen Way public housing complex is supported; however, funding for the Janie Poe public housing complex is also necessary. Commissioner Cardamone stated that the priority for repair could be at the Janie Poe public housing complex while avenues to rebuild the Cohen Way public housing complex are explored; that the successes of mixed-income projects are not known and may not be a solution. Mayor Dupree stated that a study is supported; that a unanimous consensus has been reached for the Administration to arrange for a study to consider alternatives to rehabilitation for the Cohen Way public housing complex. ÇOMMISSIONER PILLOT: A. stated that a dedication of a gazebo in honor of John Mikos is being held Friday, February 5, 1999, at 4 p.m. at the Senior Friendship Center. B. stated that the efforts of Duane Mountain, Deputy Director of Public Works, concerning Whitaker-Gateway Park: were successful, as evidenced by the unanimity of the Commission and absence of citizen complaints. COMMISSIONER CARDAMONE: : A. stated that a report concerning pedestrian-stop" laws similar to the pedestrian-friendly law in the State of Maine has been discussed for a long period, is anxiously awaited, and should be returned immediately; that an attempt was made to implement a similar law a few years ago on Osprey Avenue, which has a large amount of pedestrian traffic. B. stated that Rosemary Court looks terrible and has for six years; that Code Enforcement should invéstigate and report back to the Commission. C. stated that the City's medians are looking better; that expressions of thanks should be extended to those responsible. D. that a major repair of a sewer collapse on Osprey Avenue was handled in a very prompt manner which is appreciated. E. stated that information was heard from the Board of Adjustments about a fishing pier in Hudson Bayou at the Central Park condominium complex; that such a polluted body of water seems an unlikely place for a fishing pier; and asked for further clarification. Alexandra Hay, Assistant City Engineer, came before the Commission and stated that the proposed fishing pier at Central Park condominiums originated as part of the Hudson Bayou dredging project; that the surrounding neighborhoods requested an assessment district in the fall of 1995; that the project began October 1996 and was completed in May 1997; that approximately 90 Central Park condominium owners were assessed; that during construction, a rock shelf necessitated additional dredging which still did not connect the bayou to Central Park condominiums; that the contractor believed a fishing pier could provide the Central Park condominiums access to the dredged area of the bayou and recommended a construction of a fishing pier; that the cost of the fishing pier is approximately $27,000; that owners of Central Park condominiums were assessed $36,000 for the project but contend no beneficial effects were received and have requested a refund; that BOOK 45 Page 17990 02/01/99 6:00 P.M. BOOK 45 Page 17991 02/01/99 6:00 P.M. the design of the fishing pier was brought to the Commission in February 1998; that State approval as well as design and soil testing have delayed construction for approximately one year; that the fishing pier extends beyond the 50 percent area to reach water at a 3-foot elevation; therefore, approval by the Board of Adjustments is required; that the fishing pier is intended mainly for walking and manatee-watching; however, a small canoe could possibly be tied up at the fishing pier. MAYOR DUPREE: : A. stated that street lighting has increased in most areas of the City; that a drop in the number of drug dealers has also been noticed throughout the City, particularly in District #1; that three new homes have been built by Habitat for Humanity for low-income residents, including one constructed by firefighters, one by sheriff deputies, and one by City personnel and the Commissioners called the Mayor's House at Pershing Avenue and 29th Street, which is known as an area frequented by drug dealers; that continued vigilance by the police is appreciated; that drug dealers are returning to Central Avenue between 14th and 19th Streets; that police officers are patrolling the area with more frequency, which is appreciated; that no relaxation of enforcement efforts can occur. B. stated that more young people have been observed using the City's various parks since the length of time for lighting the basketball courts has been shortened; that no one has complained; therefore, the cutback in lighting hours appears successful. C. stated that a concern exists with building projects in north Sarasota County, specifically Newtown, which are not hiring minorities living in the area, even though skilled workers are available; that a February 2, 1999, meeting at the offices of the Greater Newtown Community Redevelopment Corporation will be attended to discuss the matter in further detail; that the Commissioners are invited to attend; however, notice will be required if more than one Commissioner attends. 17. ADJOURN (AGENDA ITEM XII) #2 (2881) There being no further business, Mayor Dupree adjourned the regular meeting of February 2, 1999, at 9:01 p.m. Agon& uphas JEROME DUPREE, MAYOR 074 ATT TES Btk e Robensen BILLY Ept ROBINSON, CITY AUDITOR AND CLERK BOOK 45 Page 17992 02/01/99 6:00 P.M.