BOOK 45 Page 17559 10/19/98 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 19, 1998, AT 6:00 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor Nora Patterson, Commissioners Mollie Cardamone and David Merrill, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : Commissioner Gene Pillot 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 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 5, 1998 APPROVED (AGENDA ITEM I) #1 (0030) through (0048) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the October 5, 1998, regular Commission meeting are approved by unanimous consent. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0048) through (0081) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. III A-5, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Interagency Agreement between the City of Sarasota and the University of Florida, for the continuation of the Florida Yards and Neighborhood Program, per the request of Mark Alderson, Executive Director, Sarasota Bay National Estuary Program B. Add under Unfinished Business, Item No. VII-2, Approval Re: Option Agreement for sale and purchase of property for the Hog Creek Habitat Restoration Project, per the request of Mark Alderson, Executive Director, Sarasota Bay National Estuary Program On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 3. BOARD ACTIONS : REPORT RE: : ADVANCE PLANNING BOARD/LOCAL PLANNING AGENCY'S REPORT OF OCTOBER 7, 1998, REGARDING SPECIAL EXCEPTION PETITION NO. 98-SE-11 TO PERMIT A CHILD CARE FACILITY AT 1201 NORTH BENEVA ROAD (FAITH PRESBYTERIAN CHURCH) - AFFIRMED PBLP APPROVAL (AGENDA ITEM II-1) #1 (0081) through (0150) Jane Robinson, Director of Planning and Development, and Robert Kantor, Vice Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Dr. Kantor presented the following item from the Planning Board/Local Planning Agency's regular meeting of October 7, 1998: Petition No. 98-SE-11 Dr. Kantor stated that Petition No. 98-SE-11 is a request for a special exception to permit a child care facility in the existing Faith Presbyterian Church located at 1201 North Beneva Road; that the property is in a Residential, Multiple-Family (RMF-1) Zone District; that the PBLP found Petition No. 98-SE-11 consistent with the Sarasota City Plan and recommends Commission affirmation of the PBLP resolution approving the special exception request subject to the following conditions: 1. On-site drop-off and loading roadway shall be a one-way roadway to ensure child safety and efficient operation. 2. Petitioner shall locate on-site "Do Not Enter" and "Stop" signs for the one-way roadways in accordance with the on-site traffic circulation plan contained in the Kimley-Horn and Associates Transportation Study dated August 1998. 3. Petitioner shall bear the expense of construction of the median cut on Beneva Road. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to affirm PBLP approval of Petition No. 98-SE-11. Motion carried unanimously (4 to 0): Cardamone, yesi Merrill, yes; Patterson, yes; Dupree, yes. 4. BOARD ACTIONS: REPORT RE: GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION (GNCRC) (AGENDA ITEM II-2) #1 (0150) through (0350) BOOK 45 Page 17560 10/19/98 6:00 P.M. BOOK 45 Page 17561 10/19/98 6:00 P.M. Earl Watts, Executive Director, Greater Newtown Community Redevelopment Corporation (GNCRC), came before the Commission. Mr. Watts stated that three staff members have been hired; that the GNCRC is following the scope of services defined in the contract with the City; that the GNCRC has been focusing efforts on the Storefront Renovation Program, Business Retention and Expansion Survey, Neighborhood Land Use Plan, and Housing issues and is striving to meet the implementation timelines set forth; that the GNCRC is also attempting to develop a partnership model by establishing business, banking, community, educational, governmental, and faith contacts; that the intent is to make north Sarasota a place of which the entire community can be proud. Commissioner Cardamone stated that a large number of people were in attendance at the GNCRC meetings she attended; that a wide-range of participation and enthusiasm will enhance the organization's opportunities for success; that she looks forward to viewing tangible results. Mayor Dupree stated that he was also impressed when attending the GNCRC meetings; that representatives of Gateway 2000 have expressed an interest in partnering efforts with the GNCRC; that the efforts put forth by the GNCRC are appreciated. Mr. Watts stated that the cooperative effort of Staff from the Planning Department and Department of Neighborhoods and Redevelopment has been appreciated. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 APPROVED. (AGENDA ITEM III-A) #1 (0350) through (0705) Commissioner Cardamone requested that Item No. 4 be removed for discussion. 1. Approval Re: : Ratification of Memorandum of Understanding between the City of Sarasota and the Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen and Helpers Affiliate with the International Brotherhood of Teamsters, Local Union No. 173, dated October 1, 1998 2. Approval Re: Set for public hearing proposed Ordinance No. 98-4041, amending Chapter 21 of the City Code, Offenses, Section 21-128 pertaining to skateboarding; providing for amendments to those certain boundaries where skateboarding is prohibited; granting authority for the City Manager to prohibit skateboarding on public property by posting; setting forth criteria for such posting; providing for the severability of parts hereof; repealing ordinances in conflict; etc. 3. Approval Re: Set for public hearing proposed Ordinance No. 98-4093, amending Chapter 10 of the City Code, Beaches and Waterways, pertaining to the operation of vessels within 100 feet of the Saprito Pier when posted; repealing ordinances in conflict; providing for the severability of parts hereof; etc. 5. Authorize the Mayor and City Auditor and Clerk to execute the Interagency Agreement between the City of Sarasota and the University of Florida, for the continuation of the Florida Yards and Neighborhood Program On motion of Vice Mayor Patterson second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Item Nos. 1,2,3, and 5. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 4. Approval Re: Request for expenditure of $760,125 from the General Fund to fund the purchase of a Records Management System and a Mobile Dispatch/Paperless Reporting System Commissioner Cardamone requested an explanation of the cost, benefits, effect on personnel, and "life expectancy" of the Records Management System and a Mobile Dispatch/Paperless Reporting System. City Manager Sollenberger stated that funds were initially budgeted two years ago to replace the Police Department 's early 1980s records system; that the background work has been completed; therefore, authorization to expend the funds and begin implementation is being requested; that Police personnel are available to provide a more in-depth explanation. Russell Pillifant, Deputy Chief of Police, Sarasota Police Department, and Alan Woodle, Captain, Administrative Services Division, came before the Commission. Captain Woodle stated that a fully integrated system has been developed by Vision Software; that the need for filing, data entry, and copying will be significantly reduced; therefore, five Senior Clerk positions in the Records Division will be eliminated through attrition; that two of the five positions were removed from the FY 98/99 budget; that the system will enable police officers to complete reports from their vehicles by capturing and transmitting information electronically and digitally over a wireless network to a file server at the Police Department; that BOOK 45 Page 17562 10/19/98 6:00 P.M. BOOK 45 Page 17563 10/19/98 6:00 P.M. the maintenance contract includes a full upgrade of soitware annually and as necessary to meet State and Federal reporting requirements; that a minimum life expectancy of 12 to 15 years is anticipated. Deputy Chief Pillifant stated that the existing 20-year-old records computer system has limited query capabilities and is obsolete; that the Vision Software system is Windows-based, satisfies the year 2000 compliance requirements, and offers an enhanced investigative tool by providing for real time query of the national and State databases for warrants, vehicle registration, and stolen property information; that the field reporting modules of the Vision Software system, which will provide for electronic communication between two police vehicles and from a police vehicle to base, will serve as backup communication to the voice radio system. Commissioner Cardamone stated that banking transactions cannot be accomplished when the computer system is down; and asked if measures have been taken to prevent similar situations from occurring with the Vision Software system? Captain Woodle stated that the Vision Software system has a fully redundant backup system which runs dual to the primary system and is ready to go online as needed. On motion of Vice Mayor Patterson and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Item No. 4. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 6. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 98R-1129) - ADOPTED; ITEM NO. 2 (ORDINANCE NO. 98-4057) - ADOPTED (AGENDA ITEM NO. III-B) #1 (0705) through (0766) 1. Adoption Re: Proposed Resolution No. 98R-1129, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; etc. (Title Only) 2. Adoption Re: : Second reading of proposed Ordinance No. 98-4057, amending Chapter 11, Buildings and Building Regulations, Article II, pertaining to the adoption of Standard Building Construction Codes; adopting by reference the Standard Building Code, 1997 Edition, the Standard Mechanical Code, 1997 Edition, the Standard Gas Code, 1997 Edition, the Standard Plumbing Code, 1994 Edition and the National Electrical Code, 1996 Edition; adopting by reference City of Sarasota amendments to each of the aforementioned Standard Codes; providing for the repeal of ordinances in conflict; providing for the severability of parts hereof if declared invalid or unenforceable; providing for a penalty for violations; etc. (Title Only) On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 and 2. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. Mayor Dupree requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4086, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSION, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, AMENDING SECTION 24-103, PENSION BENEFITS, TO PROVIDE FOR AN ADJUSTABLE INCREASE IN THE BENEFIT ACCRUAL RATE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0800) through (0980) Michael Taylor, Chairman, General Employees' Pension Board of Trustees, came before the Commission and stated that proposed Ordinance No. 98-4086 provides for a benefit improvement by increasing the pension multiplier for General Employees from 2.0 to 2.25 percent of gross earnings for future years of service beginning October 1, 1997; that the proposed benefit improvement will be funded through the reserve fund specifically established by the Board of Trustees to fund future benefits; that the difference between the funds generated by the City's minimum contribution rate of 8 percent and the actuarially required contribution rate has been placed in reserve annually since 1994; that no additional funding from the City will be required; that the multiplier will automatically decrease to 2.0 percent if the BOOK 45 Page 17564 10/19/98 6:00 P.M. BOOK 45 Page 17565 10/19/98 6:00 P.M. benefit improvement causes the City's contribution rate to exceed 8 percent; that the following sentence has been added under Section 1(a) of proposed Ordinance No. 98-4086 to alleviate Commission concern that other funding sources may be used to perpetuate the benefit improvement: The Board shall not fund the minimum contribution reserve from any other source. Mr. Taylor referred to a letter dated October 12, 1998, from Andrew St. John and James Godshall to William C. Davenport, Director of Human Resources; and stated that a waiver of collective bargaining on the benefit improvement proposed in Ordinance No. 98-4086 has been received from the International Brotherhood of Teamsters, Local #173. Mayor Dupree opened the public hearing. The following person came before the Commission: Andrew St. John, 1761 12th Street (34238) representing International Brotherhood of Teamsters, Local #173, stated that the proposed increase in the pension multiplier is supported as a fair and adequate means to provide an enhanced benefit to the greatest number of City employees; that adoption of proposed Ordinance No. 98-4086 is requested. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4086 by title only. City Manager Sollenberger stated that the language as referenced by Mr. Taylor which was incorporated in response to concerns raised previously provides sufficient protection for the long-term financial interests of the City; that the Administration recommends passing proposed Ordinance No. 98-4086 on first reading. On motion of Vice Mayor Patterson and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 98-4086 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4074, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 2, FIRE, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA; PROVIDING IN SECTION 24-22 FOR DELETION OF THE CITY OR COUNTY'S OBLIGATION TO CONTRIBUTE NO LESS THAN EIGHT (8%) PERCENT OF EACH FIREFIGHTER'S SALARY; PROVIDING IN SECTION 24-29(A) FOR THE CONTINVATION OF A SURVIVING SPOUSE'S RECEIPT OF BENEFITS UPON REMARRIAGE; PROVIDING IN SECTION 24-29(B) FOR A MODIFICATION IN THE METHOD FOR CALCULATING BENEFITS PAYABLE TO THE SURVIVING SPOUSES AND ISSUE OF PARTICIPANTS WHO DIE IN THE PERFORMANCE OF DUTIES, BY UTILIZING A THREE AND THREE- - TENTHS (3.3%) PERCENT MULTIPLIER, FOR DELETION OF OBSOLETE LANGUAGE, AND PROVIDING FOR A MINIMUM PENSION BENEFIT FOR SURVIVING SPOUSES; PROVIDING IN SECTION 24-29(C) FOR A MODIFICATION IN THE METHOD FOR CALCULATING DISABILITY IN LINE OF DUTY BENEFITS FOR PARTICIPANTS, SURVIVING SPOUSES AND THEIR ISSUE BY UTILIZING A THREE AND THREE- TENTHS (3.3%) PERCENT MULTIPLIER, AND PROVIDING FOR A MINIMUM PENSION BENEFIT FOR SURVIVING SPOUSES; PROVIDING IN SECTION 24-30(A) FOR A MODIFICATION IN THE MANNER IN WHICH ELIGIBILITY FOR RECEIPT OF NORMAL RETIREMENT BENEFITS IS DETERMINED, PROVIDING FOR A MODIFICATION IN THE METHOD FOR CALCULATING NORMAL RETIREMENT BENEFITS, PROVIDING FOR MINIMUM NORMAL RETIREMENT BENEFITS PAYABLE TO PARTICIPANTS AND THEIR SURVIVING SPOUSES, AND PROVIDING FOR THE CONTINUATION OF A SURVIVING SPOUSE'S RECEIPT OF BENEFITS UPON REMARRIAGE PROVIDING IN SECTION 24-30(B) FOR A MODIFICATION IN THE MANNER IN WHICH ELIGIBILITY FOR RECEIPT OF EARLY RETIREMENT BENEFITS IS DETERMINED, PROVIDING FOR A MODIFICATION IN THE METHOD FOR CALCULATING EARLY RETIREMENT BENEFITS, PROVIDING FOR MINIMUM EARLY RETIREMENT BENEFITS PAYABLE TO PARTICIPANTS AND THEIR SURVIVING SPOUSES, AND PROVIDING FOR THE CONTINUATION OF A SURVIVING SPOUSE'S RECEIPT OF BENEFITS UPON REMARRIAGE PROVIDING IN SECTION 24-32 FOR THE CONTINUATION OF A SURVIVING PARENT'S BENEFIT UPON REMARRIAGE REPEALING SECTION 24-33 OF THE CODE; PROVIDING IN SECTION 24-43 FOR AN ANNUAL THREE AND ONE-HALF (3.5%) PERCENT COST OF LIVING ADJUSTMENT EFFECTIVE AS OF FEBRUARY 1, 1999; PROVIDING IN SECTION 24-43 FOR THE ALLOCATION OF AVAILABLE FUNDS BY ADDING SUBSECTION 24-43(C) PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF PROVIDING FOR AN ADJUSTMENT IN THE ADDITIONAL BENEFITS PROVIDED ABOVE UNDER CERTAIN CIRCUMSTANCES SHOULD THE CITY REESTABLISH A CITY FIRE DEPARTMENTI PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; BOOK 45 Page 17566 10/19/98 6:00 P.M. BOOK 45 Page 17567 10/19/98 6:00 P.M. PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-2) #1 (0980) through (1300) David Stershic, Chairman, Firefighters' Pension Board of Trustees, came before the Commission and stated that Ordinance No. 98-4074 provides for the Eollowing: Guarantees a minimum pension under certain conditions Increases "line of duty" disability multiplier to 3.3 percent Increases the normal retirement multiplier from 3 percent to 3.3 percent. Assigns multipliers for retirement at ages 44 to 49 with 25 years of service, respectively, as follows: 3.0, 3.05, 3.10, 3.15, 3.20 and 3.25 percent. Assigns multipliers for retirement at ages 50 to 55 or older with at least 10 but less than 25 years of service, respectively, as follows: 3.0, 3.06, 3.12, 3.18, 3.24 and 3.3 percent, respectively. Fixes cost of living adjustment (COLA) at 3.5 percent annually Continues survivor pension upon remarriage of spouse or dependent parent Defines "available funds" and provides for distribution of same Deletes the 8 percent minimum contribution for the employer Battalion Chief Stershic stated that on October 13, 1998, the Sarasota Board of County Commissioners passed a resolution in support of the enhanced benefits provided in City Ordinance No. 98-4074; that Julius Halas, Deputy Fire Chief, and David Bullock, Deputy County Administrator, are present in the audience and available for comment if necessary. Battalion Chief Stershic continued that following the October 5, 1998, regular Commission meeting, the Board of Trustees met with City Manager Sollenberger, Gibson Mitchell, Director of Finance, and representatives of the International Association of Fire Fighters (IAFF), Local 2546 to develop language to protect the City's financial interests in the event the City/County Fire consolidation dissolves; and referred to the following language incorporated under Section 11 of proposed Ordinance No. 98-4074: If the City of Sarasota or Sarasota County terminates their interlocal agreement, the City of Sarasota re-establishes its City fire department, and the cost of the benefit improvements provided by City Ordinance 98-4074 for all active members of the re-established City fire department causes the City's contribution to the pension fund to exceed the minimum contribution set forth in section 24-22 hereof, then the benefit improvements for active members employed by the City's re-established fire department provided by Ordinance 98-4074 (but not the level of benefits which existed prior to the adoption of Ordinance 98-4074) shall be reduced to a level which is supported by the minimum City contribution set forth in Section 24-22, unless other methods of reducing the City's contribution to said minimum are agreed upon by the City, the Pension Fund's Board of Trustees, and the labor organization representing the City's firefighters. Battalion Chief Stershic stated that a copy of the waiver of collective bargaining from IAFF, Local 2546, has been provided to the City; that Anthony Dogoda, President, IAFF, Local 2546, is present in the audience and available for comment if necessary. Mayor Dupree opened the public hearing. John Gingras, 1660 Ringling Boulevard, 6th Floor (34236), deferred from speaking. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance Nos. 98-4074 by title only. City Manager Sollenberger stated that a copy of the County resolution supporting proposed Ordinance No. 98-4074 has been received; that financial interests of the City and the firefighters have been protected in the event the City/County Fire consolidation dissolves by incorporating provisions requiring: 1) the enhanced benefits provided by Ordinance No. 98-4074 be scaled back accordingly if, because of the enhancement, a City contribution in excess of 8 percent were required and 2) the minimum 8 percent employer contribution be restored if a City Fire Department is reestablished; therefore, the Administration recommends passing proposed Ordinance Nos. 98-4074 on first reading. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 98-4074 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Merrill, yes; Patterson, yes; Cardamone, yes; Dupree, yes. BOOK 45 Page 17568 10/19/98 6:00 P.M. BOOK 45 Page 17569 10/19/98 6:00 P.M. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4080, AMENDING CHAPTER 24, ARTICLE II, DIVISION 2, FIRE OF THE CODE OF SARASOTA; PROVIDING IN SUB - SECTION 24-23(B) FOR ADDITIONAL PENSION BOARD SECRETARY RECORD KEEPING DUTIES; PROVIDING IN SUB - SECTION 24-24(H) FOR INDEPENDENT CONSULTANT EVALUATION OF EXISTING MONEY MANAGERS; PROVIDING IN SUB-SECTION 24-25 (B) (2) FOR INVESTMENT IN INSURED CREDIT UNION ACCOUNTS; PROVIDING IN SUB-SECTION 24-25(B) (5) FOR LIMITED INVESTMENT IN FOREIGN SECURITIES PROVIDING IN SUB - SECTION 24-25 (B) (5) FOR BROADER INVESTMENT PARAMETERS IN STOCKS; PROVIDING IN SUB- - SECTION 24-26 FOR USE OF CITY PROFESSIONAL ADVISERS WITHIN CERTAIN CONDITIONS PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID: PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (1300) through (1418) David Stershic, Chairman, Firefighters' Pension Board of Trustees, came before the Commission and stated that proposed Ordinance No. 98-4080 amends the Firefighters Pension Plan to provide consistency, with revisions of Chapter 175, Florida Statutes and contains the following administrative items as reported at the October 5, 1998, regular Commission meeting: Assigns the secretary additional record keeping duties Requires an independent evaluation of the pertormance of the money managers at least every three years Allows investment in insured credit union accounts Allows investment of up to 10 percent of assets in foreign securities Removes all rating restrictions for equities Allows the Board to use the City's advisers within certain conditions Mayor Dupree opened the public hearing. There was no one else signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4080 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 98-4080 on first reading. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to pass proposed Ordinance No. 98-4080 on first reading. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Patterson, yes; Cardamone, yes; Dupree, yes; Merrill, yes. City Auditor and Clerk Robinson stated that second reading of proposed Ordinance Nos. 98-4086, 98-4074, and 98-4080 will be placed on the Agenda for the special City Commission meeting of October 21, 1998. 10. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) There was no one signed up to speak. 11. UNFINISHED BUSINESS: - APPROVAL RE: OPTION AGREEMENT FOR SALE AND PURCHASE OF PROPERTY FOR THE HOG CREEK HABITAT RESTORATION PROJECT - APPROVED (AGENDA ITEM NO. VI-II) #1 (1418) through (2279) Mark Alderson, Executive Director, and Susan Walker, Manager of Policy, Planning and Administration, Sarasota Bay National Estuary Program (SBNEP), came before the Commission. Mr. Alderson distributed copies of a publication by the Association of National Estuary Programs entitled, "Preserving Our Heritage, Securing Our Future: A Report to the Citizens of the Nation" which contained various photographs and references to Sarasota Bay. Mr. Alderson stated that the Commission approved the conceptual design and funding for the Hog Creek Habitat Restoration Project at the August 5, 1996, regular Commission meeting. Ms. Walker provided the Commission with hard copies of documents to be displayed on the overhead projector during the presentation. Ms. Walker referred to a conceptual site plan displayed on the overhead projector to explain in detail the following aspects of the Project: acquisition of easements from FPL, clearing of unwanted plan species, dredging of Hog Creek from U.S. 41 to Sarasota Bay, reconfiguration of the Centennial Park stormwater retention facility, creation of an intertidal lagoon, and new landscaping, pathways, an observation bridge/boardwalk, and park amenities, i.e., benches, picnic tables, and trash receptacles. Ms. Walker referred to a drainage plan displayed on the overhead projector to identify the Project location and planned acquisition of land bordering Tamiami Trail between Eleventh Street and Whitaker Lane, an unopened/undeveloped right-of-way; and stated BOOK 45 Page 17570 10/19/98 6:00 P.M. BOOK 45 Page 17571 10/19/98 6:00 P.M. that an option agreement for sale and purchase of the south parcel, with 145 feet of frontage on Tamiami Trail and a 300-foot depth toward Pioneer Park, has been negotiated with the property owner; that the City previously acquired the contiguous north parcel with funds received through an Environmental Protection Agency (EPA) grant. Ms. Walker referred to the following benefits provided by the Project: Increased intertidal wetlands habitat Improved water quality in Sarasota Bay Improved stormwater management Recreational opportunities Improved neighborhood safety and security Increased access to Sarasota Bay Environmental education opportunities Gulf Coast Heritage Trail destination Ms. Walker referred to and explained the following Total Estimated Project Costs: Phase 1 - Land Acquisition Preparation $ 50,273 North Parcel $ 78,550 South Parcel $443,989 Total Phase 1 $572,812 Phase 2 - Restoration Estimate $368,847 Total Phase 2 $368,847 Total Estimated Project Costs: $941,659 Ms. Walker stated that over the past two years, the reverse osmosis industrial waste permit for discharge into Hog Creek has been obtained from the EPA, the north parcel acquired, and a sales and purchase agreement for the south parcel negotiated; that an option agreement for sale and purchase of the south parcel with 145-foot frontage on Tamiami Trail and a 300-foot depth toward Pioneer Park has been signed by the property owner, Ms. Rita Adler; that the purchase price is $430,000 and acquisition costs, including land appraisal, survey, title search, and environmental site assessment, are $13,989 for a total of $443,989; that the Department of Community Affairs, Florida Communities Trust (FCT) has committed funding for the Project; and referred to the following displayed on the overhead projector: Funding Sources: Florida Communities Trust $271,491.75 City of Sarasota $172,497.25 Ms. Walker stated that utilizing $79,975.15 remaining from the 12th Street Drainage Project and $92,522.10 from the SBNEP budget is proposed to fund the City's portion. City Manager Sollenberger stated that an appraisal by Metro Appraisal International valued the land at $326,000; that a review appraisal commissioned by the FCT and performed by Richards Appraisal Service, Inc., valued the land at $348,000; that the negotiated sales price of $430,000 exceeds the appraised valued; however, the guidelines of FCT, which do not provide funding for property acquired through eminent domain, and the importance of the particular parcel to the Project placed the City at a disadvantage in approaching negotiations; that the Administration recommends approval of and authorization for the Mayor to execute the Option Agreement for Sale and Purchase of property for the Hog Creek Habitat Restoration Project. Vice Mayor Patterson stated that the subject property has been for sale for several years; and asked the marketed list price? Ms. Walker stated that the property listed for $499,000. On motion of Commissioner Cardamone and second of Vice Mayor Patterson, it was moved to approve and authorize the Mayor to execute the Option Agreement for Sale and Purchase of property for the Hog Creek Habitat Restoration Project. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yesi Patterson, yes; Dupree, yes. The Commission commended the efforts of Ms. Walker in moving the Project forward. 12. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE CITY MANAGER TO SIGN THE ENGAGEMENT LETTER SETTING FORTH LEGAL SERVICES TO BE PERFORMED BY GUSTAFSON AND RODERMAN IN CONJUNCTION WITH A TRANSIT GREENWAYS PROPOSAL = REFERRED TO ADMINISTRATION FOR A REVIEW AND REPORT BACK IF DEEMED BENEFICIAL FOR THE CITY OF SARASOTA (AGENDA ITEM NO. VI-I) #1 (2279) through #2 (1130) City Manager Sollenberger stated that Thomas Gustafson, Attorney, who had to leave the meeting and has not yet returned, gave a presentation on transit greenways at the October 5, 1998, regular Commission meeting; that Attorney Gustafson is proposing the three cities, Venice, North Port, and Sarasota jointly submit a letter BOOK 45 Page 17572 10/19/98 6:00 P.M. BOOK 45 Page 175'73 10/19/98 6:00 P.M. of intent to the Florida Department of Transportation (FDOT) for planning and implementation grant funding to develop a transit greenways project under Section 1221 of the Transportation Equity Act for the 21st Century (TEA-21); that legal fees of $15,000 for Phase I, which involves preparing the letter of intent and a scope of services for a conceptual greenways plan, would be shared equally by the three participating cities; that participation by the City of Venice, which has interest in incorporating an old railroad station into the project, has been approved; that the city commission of North Port, a developing city seeking growth opportunities, supported the proposal by consensus and requested an item be placed on their next meeting agenda for formal approval; that although a specific strategy for the City of Sarasota has not been conceptualized, the TEA-21 grant funding source provides for greenways, pedestrian ways, and other initiatives to encourage use of public transit, all of which are consistent with and will promote the City's vision; that the potential may exist to link greenways to the jitney service planned for Downtown by the Sarasota County Area Transit (SCAT), which obtained grant funding through the Sarasota-Manatee Metropolitan Planning Organization (MPO) i that providing greenway connections to St. Armands Circle or north Sarasota are other concepts which could be investigated through the planning process. City Manager Sollenberger continued that legal fees to proceed with Phase 2, which involves preparation of a conceptual master plan, are estimated at $300,000; that a 50-percent grant funding match is anticipated; therefore, the cost to each of the three cities for Phase 2 is estimated at $50,000. City Manager Sollenberger further stated that the Administration supports an expenditure of $5,000 for the City of Sarasota to participate in the initial process of jointly applying for TEA-21 funding with the cities of Venice and North Port; that the opportunity to receive grant funding is worth exploring with the intent of evaluating future participation, in part, based on the response to the letter of intent. Commissioner Merrill stated that he discussed the issue of transit greenways with City Manager Sollenberger and Asim Mohammed, Assistant City Engineer, on Friday, October 16, 1998; that an expenditure of $55,000, not $5,000, will be required to determine the location of potential transit greenways in the City of Sarasota; that Staff did not have an in-depth understanding of transit greenways and could not clarify how the concept would benefit the City; that the Agenda material references capital cost estimates of $14.9 million and $21.1 million for portions of a transit greenways system in Lake Park, Florida; that proceeding with the initial step of a multi-step process cannot be supported absent a better understanding of the desired outcome and potential benefits of implementing transit greenways in the City. Vice Mayor Patterson stated that the estimates projected for Lake Park indicate a $70 million project. Vice Mayor Patterson continued that a $50,000 expenditure for planning will follow the $5,000 expenditure requested for drafting a letter of intent; that proceeding with the initial process cannot be supported absent a better understanding of the concept on which the planning effort will focus or firmer support from the Administration in favor of City participation in pursuing a joint transit greenways project. Commissioner Cardamone stated that the presentation on transit greenways although provided with enthusiasm to the MPO was seemingly proposed only because an untapped funding source was available; that installing narrow-gauge rail throughout the City is not desired; that proceeding with the initial process could be supported if a project using small, rubber-tire vehicles is eligible for funding. Vice Mayor Patterson stated that expending funds without a clear understanding of the concept seems premature; that additional Staff review should be performed to determine potential benefits of implementing transit greenways in the City. Commissioner Merrill agreed; and stated that the item should be referred back to the Administration for review; that a presentation by the Engineering Department as to the feasibility of pursing a transit greenways project should be scheduled; that, perhaps, the $5,000 could be expended to secure additional funding for the jitney service. Mayor Dupree stated that the presentation on transit greenways provided at a recent Sarasota County Council of Governments meeting was intriguing; that the transit greenways concept is described as follows in the Town of Lake Park Transit Greenways Study, dated October 1998: Transit Greenways are designed for the safe, comfortable, convenient, timely, and efficient movement of pedestrian, bicycle, and greenway transit vehicles. They provide tree-covered corridors and open space, separate from car and truck traffic. Mayor Dupree stated that pedestrians, by being referenced first, are made a priority; that the greenways provide places to stop and rest when walking, beautifully landscaped corridors, and wider sidewalks allowing three or four citizens to walk side-by-side; that the transit vehicle was not envisioned as the major element of the concept. BOOK 45 Page 17574 10/19/98 6:00 P.M. BOOK 45 Page 17575 10/19/98 6:00 P.M. City Manager Sollenberger stated that the submittal deadline for the letter of intent is November 15, 1998; that a $70 million project has not been envisioned; that installation of a narrow-gauge rail system has not been contemplated by him or by the city managers of Venice and North Port; that Staff has not determined how greenways could be implemented in Sarasota because the issue was raised only two weeks ago and the intent of Phase 2 is to develop a conceptual plan; however, the following is outlined in a memorandum from Asim Mohammed, Assistant City Engineer, dated October 15, 1998: Transit Greenways may offer some clear and specific benefits to our City such as the following: help alleviate congestion reduce parking demand serve as downtown circulator connect downtown to outlying business districts such as St. Armands, Southside Village, and Southgate connect the City to the County and other incorporated areas such as Venice and North Port Commissioners Patterson, Cardamone, and Merrill indicated the memorandum had not been received. City Auditor and Clerk Robinson stated that the memorandum was forwarded to the Commission as additional backup on October 16, 1998. Commissioner Cardamone cited the following from the Engineering Department memorandum dated October 15, 1998: The next step would be to analyze the design solution with respect to its benefits and costs and ultimately come to a conclusion whether benefits are sufficient to warrant further consideration. It is expensive to build parking facilities, land is scarce and the congestion must reach unacceptable levels before people would leave their cars and begin using transit. It would also require the City to substantially alter its parking supply/demand strategy including review of on-street parking and new structured parking facilities. Commissioner Cardamone stated that the memorandum raises several issues for consideration; that the City has been harshly criticized by the public for supporting the County's decision to locate the SCAT Intermodal Transfer Center on the northern side of Fruitville Road; that the public may not realize the SCAT jitney service also being implemented will provide citizens, e.g., the disabled or elderly, with door-to-door transit from the Transfer Center to several locations Downtown; that a report back from the Administration should be provided before further consideration is given to pursuing transit greenways. Commissioner Merrill cited the following from the Engineering Department memorandum dated October 15, 1998: We see that Mr. Gustafson's proposal has some obvious and clear benefits and yet first, we feel we must ask ourselves the following questions: Greenways and mass transit may work well in newer, recently developed planned communities, but how would they fit into an older developed city such as ours? How would the transit greenway sustain itself? Commissioner Merrill stated that the transit greenway concept of wider sidewalks, bicycle paths, and benches, is consistent with the neighborhood linkage projects being promoted by the City; however, a determination is necessary as to whether incorporation of the transit vehicle is necessary to meet grant funding criteria. On motion of Commissioner Merrill and second of Vice Mayor Patterson, it was moved to refer the transit greenways proposal to the Administration for review and a report back if the proposal is found to have merit for the City of Sarasota. Vice Mayor Patterson stated that the question should be answered as to whether or not funding is available for a greenways project which does not incorporate a transit vehicle. Vice Mayor Patterson left the Commission meeting at 7:25 p.m. Mayor Dupree requested that Attorney Gustafson, who had just arrived, to come forward to answer Commission questions. Commissioner Merrill asked for clarification of the term "transit greenway" and if incorporating a form of mechanized travel is required to receive funding for bicycle lanes? Thomas Gustafson, Attorney, 4901 North Federal Highway, Suite 440, Fort Lauderdale (33308), came before the Commission and stated that the FDOT will allocate funding to reduce congestion through one of three strategies: 1) more road building, 2) intersection improvements, and 3) transit; that "transit" is two or more people in a mechanized vehicle; that a golf cart is an BOOK 45 Page 17576 10/19/98 6:00 P.M. BOOK 45 Page 17577 10/19/98 6:00 P.M. example of a transit vehicle but lacks transit qualities preferred by the Federal Transit Administration (FTA) i therefore, narrow-gauge rail transit vehicles that resemble golf carts in size are alternatively proposed; that achieving bicycle paths through the TEA-21 process is tricky; that 10 percent capital must be committed to transit for a project to meet the "it's a transit test, 11 thereby becoming eligible for funding at Federal and State levels. Commissioner Merrill stated that citizens request and support the installation of bicycle lanes; that a public interest in transit vehicles has not been sensed; that expending $55,000 to pursue funding available for transit greenways could be considered if significant funding for bicycle lanes/paths can be achieved. Attorney Gustafson stated that the City of Sarasota will expend an additional $50,000 only if 1) Venice and North Port agreed to pursue a conceptual master plan and 2) a 50-percent grant funding match is allocated by the FDOT; that funding from the FDOT, which has provided matching grants for conceptual master plan development on other projects, is only one level of funding which will be pursued; that Section 1221 of TEA-21 establishes the Transportation and Community and System Preservation Pilot Program (TCSP); that funding for the TCSP is $20 million in FY 1999 and $25 million per year for FYs 2000 through 2003; that approximately 20 to 30 projects are anticipated to receive TCSP funding grants in the first yeari that an innovative project which incorporates a transit element in relation to bicycle paths, e.g., utilizing transit to carry bicycles, will be eligible for significantly more funding than that which is reserved and allocated specifically for bicycle lane construction; that the FTA has confirmed the various smaller- sized vehicles proposed in conjunction with transit greenways are considered transit thus eligible for funding; that transit greenways are essentially bicycle paths which have a transit vehicle operating on a small portion of the overall corridor, most of which is dedicated to pedestrians and bicycle movement. Commissioner Merrill stated that the operating costs were estimated at $525,000 per year for the east transit loop of the greenway proposed for Lake Park; and asked if projected operating costs are evaluated when transit greenways projects are reviewed for funding? Attorney Gustafson stated that annual operating costs of $875,000 in total, $525,000 for the east transit loop and $350,000 for the west transit loop, were referenced in the executive summary for the Lake Park transit greenway, project; that the $1 million of projected revenue from parking, at-grade use, underground utilities, i.e., fiber optic lines, advertising, vendor sales, etc., was not referenced in the executive summary; that transit greenways should be financially self-sufficient, that the Lake Park transit greenway system is viewed as a cash positive project; that later this month, the metropolitan planning organization on which Lake Park is represented is expected to allocate $2.5 million for preliminary design and environmental assessment (PD&E) of the proposed Lake Park project; that the PD&E for Lake Park should commence July 1, 1999, and be completed by July 1, 2000, at which time an 80 percent FTA commitment, 10 percent State commitment, and 10 percent local match should be secured; that in terms of Sarasota, an expenditure of only $55,000 would be made as of July 1, 2000, with the remaining funds required for study allocated by FDOT and the majority of capital costs funded by FTA provided the PD&E proves the conceptual master plan feasible; that the conceptual master plan is the "bait" necessary to assure an intelligent understanding of the request and receipt of funding. Commissioner Merrill stated that the possibility of obtaining bicycle lane funding by subterfuge is a concern. Attorney Gustafson stated that the effort is not a subterfuge but rather the use of Federal and State statutes for the intended purpose; that Federal and State statutes provide for a combination of transportation and land use to avoid destruction of the environment through non-polluting transportation. Commissioner Merrill stated that the City will be obtaining jitney service in the Downtown in the near future. Attorney Gustatson stated that the jitneys will be on rubber tires. Commissioner Merrill stated that is correct; that rubber-tire jitneys have more flexibility than narrow-gauge rail vehicles; and asked if the jitney service competes for the same funding source as narrow-gauge rail vehicles? Attorney Gustafson stated that both rubber-tire jitney and narrow-gauge rail service may be possible; that a choice may not be required; however, a plan incorporating the dual requirement must be developed. Commissioner Merrill stated that the MPO receives a fixed amount of funding which must be divided among participating jurisdictions. Attorney Gustafson stated that a large amount of funds are available from which the MPO receives an allotment to meet minimum Federal requirements; that additional funds are available which are not controlled by the MPO; that the suggestion is to apply for the additional funds. BOOK 45 Page 17578 10/19/98 6:00 P.M. BOOK 45 Page 17579 10/19/98 6:00 P.M. Commissioner Merrill stated that consultants are hired to advise as to possible funding sources and procedures; that the preference is to hire a consultant to seek additional funds for jitney rather than narrow-gauge rail service. Attorney Gustafson stated that a transit greenways system incorporating rubber-tire jitney service could be developed. Commissioner Merrill asked if Main Street could be designated as a transit greenway? Attorney Gustafson stated yes; that Main Street is approximately 80 percent toward being a transit greenway. Commissioner Cardamone asked if right-of-way must be purchased? Attorney Gustafson stated yes, sometimes; that the conceptual master plan and the PD&E will determine the requirement for acquisition of right-of-way; that adequate right-of-way may be available if the available parking is considered; that for example, the difference between parallel and angle parking is approximately 10 feet; that changing to parallel parking can result in adequate space for a transit greenway; that parking is lost as a result; therefore, a vertical parking structure may be necessary to replace the lost street parking. Commissioner Cardamone asked the funding source for acquisition of the right-of-way and construction of a vertical parking structure? Attorney Gustafson stated that the FTA provides the funding; that a complete transportation system is being developed; that the use of narrow-gauge rail vehicles makes the argument to gain funding easier than the use of rubber-tire vehicles; nevertheless, rubber-tire vehicles are a legitimate alternative; that a concern is convincing a developer of vertical parking structures that future City officials will not change the route of the rubber-tire vehicles, potentially rendering the vertical parking structure less profitable; that installation of narrow-gauge rail systems indicates a commitment to a corridor and increases the nearby economic development. Commissioner Merrill stated that the assumption is theoretical. Attorney Gustafson stated that several recently-installed narrow-gauge rail systems have been seen, the newest of which is at the Tulsa, Oklahoma, Zoo; that a narrow-gauge rail system was also installed at the petting Z0O in Kissimmee, Florida. Commissioner Cardamone stated that neither location is a downtown area. Commissioner Merrill stated that both locations are tourist areas where the narrow-gauge rail system is utilized as part of the viewing of the surroundings; that tragedies can happen as evidenced by a recent death on a transportation system at the Z0O in Miami, Florida. Attorney Gustafson stated that the transportation system at the Miami Z0O utilizes a different piece of equipment than is contemplated for the City of Sarasota. Commissioner Merrill stated that the customer base, which is tourists at resort areas, is entirely different. Attorney Gustafson stated that the issue is if equipment can be utilized to work well in the community; that funding for rubber-tire vehicles can be requested if the City determines rubber-tire vehicles are desired; that trade-offs exist; that rubber-tire vehicles provide greater flexibility and negotiate hills better; that more infrastructure is obtain if part of a transit greenways project. Commissioner Merrill referred to the Town of Lake Park Transit Greenways Study dated October 1998 which referenced capital and operating cost estimates for a proposed transit greenways system as follows : Element Cost in 1998 dollars East Loop Arterial $14.9 million West Loop Arterial 21.1 million Collector Greenways 8.9 million Intermodal/Parking Facilities 14.6 million Local Match/Bond Fund Projects 9.8 million $69.3 million Commissioner Merrill asked if the Federal government can provide almost $70 million for every city in the United States? Attorney Gustafson stated that $80 billion is being spent nationally on roads which become congested daily at 4 p.m.; that road construction continues; however, traffic congestion only becomes worse; therefore, efforts to encourage walking, bicycling or the use of public transportation should be utilized as additional strategies; that the Federal government has enough funds available to provide a transit greenway system for the City of Sarasota; that the availability of funds for every city in the United States is not known; that placing the City of Sarasota first will eliminate any concern; that placing the City of Sarasota last will cause concern regarding the availability of funds. Attorney Gustafson continued that $9.8 million of the funding for the Lake Park project is a bond issue and, therefore, a local BOOK 45 Page 17580 10/19/98 6:00 P.M. BOOK 45 Page 17581 10/19/98 6:00 P.M. commitment; that the $9.8 million was also the local match for the transit greenways project; that existing bond projects were woven into a transit greenways proposal, which was tricky; that funds already planned for specific bond projects were designated as the local match; that the City of Sarasota may already have funds in the capital budget over the next five years which can be woven into the transit greenways proposal as a local match as long as the local match is designated prior to expenditure of the funds; that the designated funds can be linked to a transit greenways network; that significant strategy and law is involved; that the law of transportation has never been utilized to the fullest extent possible; that waiting to receive funds on the basis of an established formula will result in less funds than aggressively pursuing the level of funding determined by the Commission as in the community's best interest; that the law of transportation can be used to the benefit of the community. Commissioner Cardamone cited the following from Transit Greenways Study as follows: the Town will consider developing its bond issue projects in concert with the transit greenways plan. This will preserve the rights-of-way and accommodations defined in the plan - Commissioner Cardamone asked if the Town of Lake Park is developing a bond issue in conjunction with the transit greenways plan? Attorney Gustafson stated that the bond issue was already developed; that the bond projects included marina, town hall and landscaping improvements, a fire station and a library; that a method of establishing the improvements as destinations and changing the approach to individual projects was determined so the projects would be portions of a transit greenwayi that FDOT may not accept half of the projects as related to a transit greenway; however, FDOT acceptance of 50 percent of the projects results in the designation of approximately $5 million as local matching funds; that negotiations are required in an effort to maximize the designation of matching funds; that FDOT is not concerned the projects were previously bonded; that the issue is if the projects are logically connected to the proposed transit greenway. Commissioner Cardamone asked if the J'own of Lake Park is a built-out community? Attorney Gustafson stated that the Town of Lake Park is a built- out community begun in 1912 and virtually destroyed by a hurricane in 1928; that development of the community continued as a suburban environment in the 1940s through the 1960s; and referred to the Transit Greenway Master Plan included in the Transit Greenways Study indicating a small segment of undeveloped land to the west of the Town where the transit greenway development is proposed. Commissioner Cardamone asked if any proposals have been submitted for communities in which transit greenways already exist? Attorney Gustafson stated no; that the concept began two years ago as an idea and is now FDOT policy embodied in internal FDOT memoranda in which transit greenways can be funded as part of the Federal Transportation Equity Act of the 21st Century (TEA-21); that Interstate (I)-595 was not built until conceived; that tri-rail was only an idea when begun; that such concepts do not begin as programs but rather as ideas; that concepts consistent with the parameters of the law can become funded projects; that the effort is to interest communities in the concept of transit greenways; that the City of Venice, Florida, has voted to proceed and has a particular interest in working with the City of Sarasota due to the linkage of the railroad corridor; that the railroad corridor between the two cities could be a deatrian-recrational greenway, a bicycle path and a narrow-gauge rail corridor; that a unique opportunity is presented; that the corridor could be blended into the transit greenway program; that the deadline for application for special Federal funds for implementation as well as research and planning is November 15, 1998; that the three cities of Venice, North Port and Sarasota with the support of the Sarasota County Transit Authority (SCAT) should jointly request funding for the opportunity to purchase the existing rail corridor as an implementation project with service between the cities to begin as soon as construction can occur; that two forms of Federal funds are available: 1) programmatic funds requiring three to five years of effort such as the funds available from the MPO and 2) funds provided under the TEA-21 for Transportation, Community and System Preservation equating to approximately $20 million the first year and $25 million thereafter which is available more quickly; that Transportation, Community and System Preservation funds are available for 20 to 30 communities nationwide; that the anticipation is approximately $1 million in funding could be obtained under the TEA-21; that initial application must be submitted by November 15, 1998; that initial applications will be short-listed by December 1998; that a full application from short-listed applicants must be completed by February 1999; that a final decision on funding recipients will be made by March 1999; that the funds are available for communities aggressively pursuing the funds; that some communities will obtain more funding; that the hope is the City of Sarasota will join the cities of Venice and North Port and also Sarasota County which have indicated an interest in participating in the effort. Commissioner Cardamone stated that the motion on the floor is to refer consideration of acceptance of the proposed engagement letter to the Administration for a more in-depth review and recommendation. BOOK 45 Page 17582 10/19/98 6:00 P.M. BOOK 45 Page 17583 10/19/98 6:00 P.M. Attorney Gustafson stated that missing the November 15, 1998, deadline cannot be rectified. Commissioner Cardamone stated that several Commission meetings are scheduled prior to that time. Attorney Gustafson stated that the proposal must be written and approved by the Commission prior to submitting the application; that the elements of the City's Comprehensive Plan and the MPO's Master Plan must be considered; that the competition is nationwide for funds which will be distributed to communities devoting considerable thought to the proposal; that development of the proposal is not easy. Mayor Dupree asked who is responsible for developing the proposal? Attorney Gustafson stated that he will write the proposal in accordance with the proposed engagement letter; that the proposal will be presented to the Commission for revision and approval; that hopefully, the proposal will include a sponsorship or endorsement from Sarasota County or SCAT; that a second portion of the effort is to develop a proposal for funding from the State for development of a conceptual master plan; that the $5,000 cost is for work associated with: 1) assisting the City in being short-listed by the FTA for TEA-21 funds and 2) preparing a scope of work for submission to FDOT for funding eligibility for development of a conceptual master plan; that the second work assignment is the more difficult; that either work assignment can be undertaken independently; that both require time to develop; that the proposal for TEA-21 funds must be written to interest the FTA and assure the City is selected from numerous other applicants; that FDOT funding is easier to obtain; that TEA-21 funds either do not require a local match or require a low, i.e., 20/80 percent, local match to Federal funds; that more likely TEA-21 funds do not require a local match; that the FTA has been requested to respond to the local match requirement; that only State funds will be discussed if the Federal application is not submitted by November 15, 1998; that the request is not to delay consideration sO the work can be accomplished by the deadline. Commissioner Merrill stated that the hope is the home viewing audience has heard the discussion which is indicative of the manner in which State government is conducted; that the submission of possibly inaccurate information raises the issue of distrust of government; that any City's proposal for a bicycle lane, a rails-to-trails project or train should be meant as reality and not as packaging; that a presentation regarding free money which should be sought with no specific requirement causes offense. Attorney Gustafson stated that the conceptual master plan will develop the specific requirements. Commissioner Merrill stated that the City is being requested to contribute funds for an unknown requirement; that City Engineering Staff was unable to provide a clear idea of the use of the funds and did not believe such a project would work in the downtown; that the ideas of bicycle trails and pedestrian areas are liked; that rails-to-trails to the City of Venice is also liked; that the concept of rails-to-trails has been strongly supported; that support can be offered if Staff can identify a project for the funds and the public can be told a value will be received; however, the word "tricky" was used in the presentation; that government by trickery is not practiced in the City; that any viable project will be fairly evaluated by the MPO; that the indication is good projects are not fairly evaluated unless a consultant is hired who knows how to manipulate FDOT; that the concept of pressing for transit greenways just to obtain free money cannot be supported; although the concept of transit and the concepts of greenways are supported. Attorney Gustafson stated that discussions have been continuing with communities, including the City of Sarasota, for six months; that the deadline is now approaching as no response has been forthcoming; that the existence of a November 15, 1998, deadline has been known for some time; that the proposal is for a transit greenwayi; that no trickery is involved in saying the proposal serves for walking, bicycles and transit; that no trickery is involved in downsizing the transit for compatibility; that the proposal is different; that apologies are offered if the word "tricky" was used and is offensive; that the communication has been open and in a public manner; that asking for the right thing will result in obtaining it; that asking for the wrong thing will result in losing it in accordance with the law; that the attorney's role is to find a way through a generally frustrating FDOT process; that usually FDOT provides negative rather than positive answers; that the Commission's response has been heard; that the Commission's decision not to pursue the proposal will be understood; that the hope is for reconsideration; that no trickery in the sense of deceit is involved; that the concept is new. Commissioner Merrill stated that the proposal can be supported if City Staff indicates a requirement exists; that City Staff supported spending the $5,000; however, City Staff did not provide a clear response concerning the next step in the process. Attorney Gustafson stated that the concept is new; that conceptualization is not easyi that a detailed explanation can be offered City Staff. BOOK 45 Page 17584 10/19/98 6:00 P.M. BOOK 45 Page 17585 10/19/98 6:00 P.M. Commissioner Merrill stated that the Commission has four meetings scheduled during the next two weeks; that additional consideration can be given during one of the torthcoming Commission meetings. Mayor Dupree stated that the concept was exciting when previously heard; however, this presentation has lessened the enthusiasm; that the transit greenways concept is described as follows in the Town of Lake Park Transit Greenways Study dated October 1998: Transit greenways are designed for the safe, comtortable, convenient, timely and efficient movement of pedestrian, bicycle and greenway transit vehicles. They provide tree-covered corridors and open space, separate from car and truck traffic, that guide people to community destinations, parking and transit access points. By design, greenway transit vehicles, corridor surfaces, landscape, street furniture, underground utilities, lighting and adjacent structures constitute an interactive complex that establishes a park-like attractive setting and method of transport. Mayor Dupree stated that the language referenced indicates vehicular traffic will no longer be a priority; that the priorities will be: pedestrian and bicycle movement, places to stop and rest when walking, and wider sidewalks allowing for walking side-by-side and conversation; that none of the priorities were heard in the presentation. Commissioner Cardamone stated that a mechanized vehicle must be incorporated in the proposal. Mayor Dupree stated that only the manner in which to obtain the funding, which is required, was heard in the presentation. Attorney Gustafson stated that the presentation followed the question posed of the requirement for transit; that approximately 90 percent of the cost represented in the estimate for the conceptual master plan for the Town of Lake Park is for a Pedestrian-Bicycle component of a transit greenways project; that approximately 10 percent of the cost was in rolling stock and rail; that as a matter of law, the conceptual master plan barely meets the definition of transit; that honorably and without trickery, bicycle and pedestrian movement can be achieved with a compatible transit component; that narrow-gauge rails within the pedestrian/Bicycle component work; that an effort can be made using rubber-tire vehicles as an equal and viable alternative; however, rubber-tire vehicles utilize the road system and, therefore, will be more closely scrutinized; that FDOT's inquiry will concern the necessity for components other than transit in any submitted transit greenways proposal; that the effort is to assure the project remains at a high funding priority by mixing the components, which allows for funding the pedestrian, bicycle, and greenspace components. Commissioner Merrill provided Attorney Gustafson with a copy of the Engineering Department memorandum dated October 15, 1998; and stated that the memorandum raises more questions than provides specific recommendations; that City Staff should identify specific positive recommendations to gain his support; that the effort should be accomplished in an honorable and public manner and through the MPO; that the concept of less reliance on vehicular movement is supported; that an investment of $55,000 should result in useable and meaningful projects. Attorney Gustafson stated that a meeting will be held with City Staff with the City Manager's support; that another presentation will be provided at the next possible Commission meeting if City Staff is supportive; that the Commission should not pursue the proposal if the least bit uncomfortable; that the proposal should be begun as soon as possible if support is offered; that more caution will be exercised in the future concerning the use of the word "trick" or "trickery"; that the word "trickery" in the legislative world has a different meaning; that transportation was learned during his third legislative term as Chairman of the Committee on Transportation of the Florida House of Representatives; that the subject of transportation is of personal interest; that part of the process is politics; that receiving first consideration is an art form; that understanding the law is necessary; that transit should be leveraged; that large amounts of funding are not available until transit becomes a component of any proposal. Commissioner Cardamone stated that a transit greenway could work on Cocoanut and Central Avenues through the Rosemary District, through the Renaissance of Sarasota project and through the Downtown to the Bayfront; that the jitney service which will be provided in conjunction with the new SCAT Intermodal Transier Center is anxiously awaited and will provide such service; that the funds are budgeted for an attractive gateway from the Renaissance of Sarasota project; that the Rosemary District and the eastern end of Main Street are being renovated; that discussions with City Staff should include methods to incorporate the concept of transit greenways with the jitney service. Attorney Gustafson stated that a portion of the transit fleet can be rubber-tire vehicles, which have routing flexibility; that narrow-gauge rail can be utilized for routes which will never change; that rubber-tire vehicles can provide a one- to two-year test for narrow-gauge rail; that the Commission's time and consideration is appreciated. City Auditor and Clerk Robinson restated the motion as to refer the transit greenways proposal to the Administration for a review BOOK 45 Page 17586 10/19/98 6:00 P.M. BOOK 45 Page 17587 10/19/98 6:00 P.M. and report back at the next earliest meeting if the proposal has merit. Mayor Dupree called for a vote on the motion. Motion carried unanimously (4 to 0) : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. City Manager Sollenberger stated that time will not be available to devote personally to consideration of the proposal; that the Engineering Department will be assigned responsibility; that a response will be returned to the Commission as soon as possible. Mayor Dupree asked when a response may be anticipated. City Manager Sollenberger stated that Staff has other obligations; that the Ritz-Carlton Hotel project as well as several other major projects which must be a first priority are being processed; that every best effort for an early response will be undertaken. Mayor Dupree stated that the City can move forward from the initial phase if Staff has confidence in the proposal. Commissioner Merrill stated that the concern is not the $5,000 but rather the $50,000 cost; that Staff is requested to determine if some possibilities for transit greenways exist in the City; that Staff's October 15, 1998, memorandum did not provide positive recommendations; that affirmative recommendations, which need not be specific, are desired. 13. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - DIRECTED THE ADMINISTRATION. TO REQUEST THE PUBLIC ART COMMITTEE TO DEVELOP A PLAN FOR EXPENDITURE OF PUBLIC ART FUNDS (AGENDA ITEM VII) #2 (1130) through (2012) COMMISSIONER CARDAMONE : A. stated that a lawn maintenance person was observed blowing debris from an approximately 600-foot parking lot into the street towards the stormwater drain; that not all stormwater drains have devices to prevent the debris from going into Sarasota Bay; that a second lawn maintenance person maintaining a large piece of property was also observed twenty minutes later blowing debris into the street; that residents on Hudson Bayou indicate a hard rain after a period of clear weather sweeps what appears as a pile of garbage through Hudson Bayou into the Bay; that blowing debris into the street is unconscionable when the City spends large amounts of time and energy to create a clean environment; and asked if tickets can be issued for destroying the Bay in such a fashion? City Manager Sollenberger stated that local regulations will be researched; that information can be disseminated to residents and business owners requesting maintenance staff be educated to pick up debris. Commissioner Cardamone stated that additional City ordinances are not required; that larger land owners should be advised to educate maintenance staff and of the consequences; that the punishment should fit the crime. B. provided Mayor Dupree with a copy of an October 15, 1998, editorial in the Pelican Press entitled "Appointee Should Have No Political Aspirations" which explains the reasons for appointing an individual who is not a candidate for political office; and stated that the Mayor is requested to reconsider his position on an appointee to fill the forthcoming vacancy for the District 2 Commission seat. COMMISSIONER MERRILL: A. stated that a significant amount of white substance was discharged into the stormwater drain across from the Sarabande condominium development; that pollution control authorities at Sarasota County were called; that samples have been taken; that this discharge is the second occurrence; that the water in the basin becomes white similar to paint; that no one was rinsing off paint brushes at the exterior of any nearby structures; therefore, the discharge must be coming from inside a building. B. stated that the Commission budgeted funds for public art in fiscal year (FY) 1998/99 and 1999/2000; however, the Public Art Committee has not been given an assignment to develop a plan; that the proposal for the public art sculpture Photon II created by Dennis Kowal, Sculptor, was referred to the Public Art Committee for budgetary consideration; that the Public Art Committee should be requested to develop a plan for expenditure of the budgeted funds for public art; that public art is always controversial as was known in advance; that the Commission has not communicated with the Public Art Committee regarding the use of the public art funds. City Manager Sollenberger stated that the Public Art Committee could recommend the purchase of certain pieces or the placement of art circulating on loan; that the Public Art Committee could be requested to provide recommendations for use of the budgeted funds to enhance public art in the City. BOOK 45 Page 17588 10/19/98 6:00 P.M. BOOK 45 Page 17589 10/19/98 6:00 P.M. Commissioner Merrill stated that the Public Art Committee is the advisory board to the Commission; that ideas on the use of the funds to promote public art should be requested from the Public Art Committee. Commissioner Cardamone stated that at an October 19, 1998, meeting of the Year 2000 Steering Committee, the possibility of a piece of public art called a millennium piece was discussed; that such a piece of artwork may consume several years of budgeted funds but would be a permanent piece of artwork for the City; that an interesting book of outdoor artwork will be shared with the Commission in the Euture. Commissioner Merrill asked if a Commission consensus exists to have the Public Art Committee begin the discussion of a plan for the expenditure of budgeted funds on public art? Commissioner Cardamone stated yes, that the Public Art Committee should be specifically requested to consider a millennium piece. Mayor Dupree stated that a consensus has been reached to direct the Administration to request the Public Art Committee to develop a plan for expenditure of budgeted funds on public art. Commissioner Cardamone stated that the Public Art Committee was advised that Photon II was supported but the entire three-year budget for public art should not be expended on one piece of artwork. City Manager Sollenberger stated that is correct; that the Public Art Committee decided to recommend an allocation of $30,000, i.e., the funding for fiscal year (FY) 1997/98 with the balance to come through gifts and grants which is being explored. Commissioner Cardamone stated that an additional $30,000 is available in the FY 1998/99 and 1999/2000 budgets; that a millennium piece could be purchased if the Public Art Committee has an interest. Commissioner Merrill stated that the Public Art Committee has recommended funding of $30,000 for Photon II; however, the recommendation must be presented to the Commission for official action. City Manager Sollenberger stated that is correct. Commissioner Merrill stated that comments will be provided when the recommendation is received. MAYOR DUPREE : A. stated that some landscaped medians in the City require additional monitoring, particularly the landscaped medians on Old Bradenton Road in the area of the Bayou Oaks neighborhood; that complaints have been received from residents. City Manager Sollenberger stated that Public Works has not accepted the work of the contractor who installed the plantings, some of which had weeds when planted; that Public Works is reluctant to correct the problem, which may interfere with the opportunity to pursue legal options; that the problem is the result of contractor failure to meet specifications. Commissioner Cardamone stated that a sign could be installed indicating the contractor is at fault. Mayor Dupree asked when the problem will be resolved? City Manager Sollenberger stated that Public Works has been directed to investigate the problem and report back. Commissioner Merrill stated that the City's problems with landscaped medians are understood but not accepted; that the median on Orange Avenue has not been landscaped since the palm trees were removed some time ago; that his tolerance for contractor's not completing the work would not last too long; that the problem with the median on Orange Avenue is the result of a fire, which is an unexpected circumstance but which should have been immediately corrected. B. stated that a plan for monitoring street lighting throughout the City should be developed as the lighting is almost non-existent in some parts of the City; that some City streets are dark. Commissioner Cardamone stated that lighting has been raised by the Commission on numerous occasions. William Hallisey, Director of Public Works, came before the Commission and stated that specific lighting issues have been individually addressed with the assistance of the Crime Prevention Through Environmental Design (CPTED) Task Force; however, lighting has not been reviewed on a Citywide basis, which should be accomplished; that a lighting engineer will be contacted to develop a level-of-service (LOS) plan for City lighting; that street lights can be both a positive and a negative; that the addition of one street light has occasionally resulted in complaints; that the issue of street lighting Citywide should and will be addressed. BOOK 45 Page 17590 10/19/98 6:00 P.M. BOOK 45 Page 17591 10/19/98 6:00 P.M. Commissioner Merrill stated that complaints were received when the City trimmed trees to make the street lights more visible in certain locations such as Arlington Park; that some streets may be dark due to the beautiful tree canopy; that replacing the existing high street lights which are blocked by the tree canopy with old-fashioned lights which are below the tree canopy would eliminate such complaints; that a test program with old-fashioned lights in the Arlington Park neighborhood would likely be supported by the neighborhood association. Commissioner Cardamone stated that several neighborhood associations would likely support a test program of installation of old-fashioned lights. C. stated that the Commission worked hard to obtain lighted basketball courts; that 25 to 30 young people played at the basketball courts when lights were first installed; however, the basketball courts are no longer being used by the number of young people anticipated; that the lights are currently turned off at approximately 10:30 p.m.i that the lights should be turned off earlier if the basketball courts are not being used that late. Mr. Hallisey stated that the Parks and Recreation Department of Sarasota County will be contacted for appropriate action. 14. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM VIII) #2 (2012) through (2080) CITY AUDITOR AND CLERK ROBINSON: A. stated that the following meetings are scheduled for the balance of October 1998: October 20 at 6 p.m. Workshop regarding Future Land Use October 21 at 6 p.m. Special Meeting 2nd Public Hearing regarding the Land Development Regulations October 27 at 6 p.m. Special Meeting 1st Public Hearing regarding the Future Land Use Element of the City's Comprehensive Plan October 29 at 6 p.m. Continued Special Meeting, if necessary, regarding the Future Land Use Element of the City's Comprehensive Plan B. distributed a list of persons who have contacted the Office of the City Auditor expressing an interest in being appointed to the District 2 Commission seat upon vacancy, including an indication of those who have submitted completed applications. 15. ADJOURN (AGENDA ITEM IX) #2 (2080) There being no further business, Mayor Dupree adjourned the regular meeting of October 19, 1998, at 8:29 p.m. broe hu khue AJEROME DUPREE MAYOR ATTES on 4 C à E. Rolensen BILLY, E.CROBINSON, CITY AUDITOR AND CLERK 0 BOOK 45 Page 17592 10/19/98 6:00 P.M.