BOOK 46 Page 18111 04/05/99 3:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 5, 1999, AT 3:30 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor David Merrill, Commissioners Mollie Cardamone, Albert Hogle, and Gene Pillot, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and city Attorney Richard Taylor ABSENT: : None 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 3:30 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 MARCH 15, 1999, and SPECIAL SARASOTA CITY COMMISSION MEETINGS OF OCTOBER 6, 1998, AND OCTOBER 27, 1998, AND STATUTORY SARASOTA CITY COMMISSION MEETING OF MARCH 10, 1999, - APPROVED (AGENDA ITEM I-1, 2, 3 and 4) #1 (0060) through (0085) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the Regular Commission meeting of March 15, 1999, and Special Commission meetings of October 6, 1998, and October 27, 1998, and the Statutcry Commission meeting of March 10, 1999, are approved by unanimous consent. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0085) through (0157) city Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda 1, Item No. II A-5, Award of Bid for the Sevilla Park Neighborhood Improvements Program with previously awarded Community Development Block Grant (CDBG) funds, bids are due March 30, 1999, and in order to allow the project to be competed in a timely manner, the Administration is asking for approval of the low bidder at the April 5, 1999, meeting, upon receipt of the formal bids, and the review and recommendation for the low bidder, per the request of Deputy City Manager Schneider. B. Remove Consent Agenda 1, Item No. II A-9, Award of a contract to Altair Environmental Group, Inc., Longwood, Florida, (Bid #99-45H) for the Sewer Rehabilitation for Bahia Vista Street, to furnish all labor, materials, equipment, tools, consumables, transportation and incidentals required for the construction project, per the request of General Services Director Carolan. C. Add Consent Agenda 1, Item No. II A-11, Approval Re: Van Wezel Performing Arts Hall (VWPAH) Renovation First Amendment, award of contract for the VWPAH Renovation First Amendment to contract with Dooley, Marck & Forristall Contractors, Inc., allowing for Phase I construction to commence, including demolition and removal, site-work, ordering pre-cast concrete, and ordering new seats, per the request of Van Wezel Performing Arts Hall Executive Director Mitchell. D. Remove Board Actions, Item No. V-1(B), Planning Board action on Land Development Regulations (LDR) Errata Revision to Section VI-1603, regarding Hotels/Motels in Commercial, Central Business District (C-CBD) Zone District, per the request of Planning and Development Director Robinson. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the Changes to the Orders of the Day and to offer an expression of appreciation to city Auditor and Clerk Robinson and Staff for the timely delivery of the corrected and updated Agenda. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 3. CONSENT AGENDA NO. 1: ITEMS NO. 1,2.4 6, 7, 8, 10, and 11 (AGENDA ITEM II-A) - APPROVED #1 (0157) through (0630) Commissioner Hogle requested that Item No. 3 be removed for discussion. 1. Receipt Re: 1998 Annual Board Report of City Boards to be submitted each year, which includes an anticipated work program, as well as an outline of staff support services for the next fiscal year. 2. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute the Third Amendment to Minor League Baseball Facility Lease Agreement to allow the BOOK 46 Page 18112 04/05/99 3:30 P.M. BOOK 46 Page 18113 04/05/99 3:30 P.M. continued use of the Sports Complex by the Sarasota Red Sox for the 1999 Championship Season, the Lease Agreement will expire on 10/31/00 unless the Cincinnati Reds notify the City and the Red Sox in writing of the intent to have a Florida State Team in the year 2000; in which case, the Lease Agreement will expire on 10/31/99, the terms include a 10 percent increase on Rent and Utilities to the City. 4. Approval Re: Agreement with Par View, Inc., for the PDS3000 GPS Video Distance System at the Bobby Jones Golf Complex, the city has had an agreement with Par View, Inc., for a video distance system that is attached to carts on the American and British Gold Courses, the existing black and white system, which has been in place since 1997, has been very successful, Par View, Inc., has now developed a second-generation system with full color and faster communication, the city wishes to upgrade to the new system, to do so, the City proposes to buyout the remaining existing Lease Agreement and purchase the new system, the approach would save the City approximately $75,000 in interest costs that would otherwise be incurred, funding would come from the Bobby Jones Capital Improvement Fund. 6. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute the parking lot construction agreement with the First Presbyterian Church of Sarasota for the construction of a formal parking lot, the agreement states that the lot will be open to the public on a first come, first serve basis and has a time limit placed on parking of three hours. 7. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with H20 Utility Services, Inc., Holiday, Florida, (Bid #99-7H) for the construction of the 1999 Water Line Replacement Project to furnish all labor, materials, equipment, tools, consumables, transportation and incidentals required for the construction project. 8. Approval Re: Award of purchase order contract to Sunrise Utility Construction, Inc., Tampa, Florida, (Bid #99-35H) for septic tank repair for the Verna Well Field Project to furnish all labor, materials, equipment, tools, consumables, transportation and incidentals required for the construction project. 10. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Central Florida Contractors, Inc., (Bid #99-46H) for Site Improvement to the Sevilla Neighborhood Project to furnish all labor, materials, equipment, tools, consumables, transportation and incidentals required for the construction project. 11. Approval Re: Van Wezel Performing Arts Hall (VWPAH) Renovation First Amendment to contract with Dooley, Mack and Forristall Constructors, Inc., allowing for Phase I construction to commence, Phase I guaranteed maximum price figure became available on April 1, 1999, Phase I elements include demolition, asbestos removal, site work, ordering pre-cast concrete and ordering new seats, the Administration recommends the approval to First Amendment Agreement to Dooley, Mack and Forristall Constructors, Inc., to allow Phase I construction on the renovation of the VWPAH to commence, in the amount of $3,181,278. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1: Items No. 1, 2, 4, 6, 7, 8, 10, and 11. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Lease Agreement for City tenant Gulf Coast World of Science, name change to Gulf Coast Wonder and Imagination Zone, Inc., (G.WIZ), expansion of the designated leasehold to include the nonexclusive right to use the eastern one third of the adjacent parking lot, permit public access across the leasehold so as to permit public use of the shoreline area as well as the boardwalk which connects the leasehold to that portion of the Civic Center, tenant is responsible for maintenance of the amended leasehold area. Commissioner Hogle stated that Consent Agenda 1, Item No. 3, is supported; that the Second Amendment to Lease Agreement indicates the parking lot "... .shall not be used for any commercial purposes.. - "; that the parking lot could be used for overflow parking for events held at the Van Wezel Performing Arts Hall (VWPAH) and for valet parking at the Hyatt Sarasota Hotel; that the Lease Agreement should have exceptions to allow for the use of the parking lot during overflow situations. Commissioner Pillot stated that without question the VWPAH should be allowed to use the parking lot; that a conflict arises when the parking lot is used by commercial operations such as the Hyatt Sarasota Hotel. BOOK 46 Page 18114 04/05/99 3:30 P.M. BOOK 46 Page 18115 04/05/99 3:30 P.M. City Manager Sollenberger cited from the Lease Agreement as follows: .the approximately eastern one-third portion of the parking lot shall be for the nonexclusive use of Tenant and shall be available to the general public at all times.. City Manager Sollenberger continued that the Lease Agreement was written to include both an accommodation for the VWPAH and for the public; that the information is offered as an aid to the Commission's discussion. Vice Mayor Merrill stated that the statements by Commissioner Pillot are supported; that the City should have explicit use of the lot especially at night and perhaps in the afternoon; that to allow the Hyatt Sarasota Hotel to use the lot would result in a serious conflict of interest; that the Lease Agreement should indicate people may use the parking lot but not give the impression the use of the parking lot is regular and ordinary use for the Hyatt Sarasota Hotel; that the intent is to have the parking lot used by G.WIZ; that the Commission should not create a conflict by the wording of the Lease Agreement; that G.WIZ and the VWPAH should use the parking lot; that the Lease Agreement should not indicate the Hyatt Sarasota Hotel has overflow parking privileges in the parking lot. Commissioner Cardamone stated that G.WIZ's hours of operation may conflict with other events; and asked the hours of operation? Mayor Dupree requested that Elva Farrell, Ph.D., Executive Director of G.WIZ, who was present in the audience come before the Commission. Dr. Farrell came before the Commission and stated that the normal operation hours are 10 a.m. to 5 p.m., Tuesday through Saturday, and 1 to 5 p.m. on Sunday; that the Commission amended the Lease Agreement to allow the P. J. Children's Theatre to use the facility; that G.WIZ's agreement with P. J. Children's Theatre allows for the use of the facility from 5 p.m. to midnight; that P. J. Children's Theatre has use of the facility for rehearsals and performances on Saturday and Sunday afternoons. Commissioner Cardamone stated that the parking lot should not be left empty and idle if not in use by G.WIZ or the VWPAH; that many citizens of the City attend events at the Hyatt Sarasota Hotel; that the parking is difficult during events held at the Hyatt Sarasota Hotel. Dr. Farrell stated that the phrase "...shall not be used for any commercial purposes... a could be removed from the Lease Agreementi; that G.WIZ would not prevent anyone from parking in the lot if not in use by G.WIZ or the VWPAH. Commissioner Pillot stated that the City Attorney could construct the appropriate wording for the Lease Agreement to indicate the following: that the lot shall not be used for commercial purposes; however, however, the parking lot may be used for any good public service if G.WIZ is closed, the VWPAH has no performances and the parking lot is otherwise empty. Commissioner Pillot continued that G.WIZ should not rent out the parking lot to other organizations. city Attorney Taylor stated that the Lease Agreement was written specifically due to problems with the Hyatt Sarasota Hotel valet parking; that additional time will be necessary to word the Lease Agreement properly to reflect the Commission's wishes; that the Hyatt Sarasota Hotel, G.WIZ and VWPAH will be contacted in creating enforceable provisions for the parking lot. Dr. Farrell stated that approval today is important; that the renovation plans are on the Agenda for the April 7, 1999, meeting of the Planning Board/Local Planning Agency (PBLP); that the construction project will be delayed if approval is delayed. Ole Sorenson, President of the Board of Directors of G.WIZ, came before the Commission and stated that the intent of the Lease Agreement is to allow complete availability of the parking lot to non-profit organizations; that the Lease Agreement as written disallows G.WIZ from subletting any property including the parking lot; that G.WIZ would not sublet the parking lot to the Hyatt Sarasota Hotel or anyone for commercial purposes, which has always been the intent of the Lease Agreement; that legal counsel for G.WIZ and the City Manager have agreed upon the terms; that the Commission is requested to approve the amendment to the Lease Agreement today sO G.WIZ may seek approval from the PBLP in a timely fashion to proceed with the construction project; that G.WIZ would welcome an opportunity to speak with the city Attorney's Office and other interested parties to amend the wording concerning the use of the parking lot; that the wording of the Lease Agreement could indicate the Hyatt Sarasota Hotel can use the parking lot if not in use by G.WIZ or the VWPAH. City Attorney Taylor stated that the amendment to the Lease Agreement should be approved with the stipulation that language will be developed by the City Attorney's Office to reflect the Commission's intended use of the parking lot. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve Consent Agenda 1, Item No. 3, BOOK 46 Page 18116 04/05/99 3:30 P.M. BOOK 46 Page 18117 04/05/99 3:30 P.M. subject to the modification of the wording in the Lease Agreement concerning use of the parking lot by the City Attorney's Office. Motion passed (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes Commissioner Cardamone stated that congratulations are offered to the G.WIZ organization on successful fund-raising efforts; that the new name G.WIZ is great; that positive responses have been heard from the community. 4. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 99R-1162) REFERRED TO THE ADMINISTRATION TO SCHEDULE A WORKSHOP; ITEM NO. 2 (RESOLUTION NO. 99R-1168) - ADOPTED; ITEM NO. 3 (RESOLUTION NO. 99R-1169) - ADOPTED; ITEM NO. 4 (RESOLUTION NO. 99R-1170) - ADOPTED #1 (0630) through (0890) Commissioner Cardamone requested that Consent Agenda No. 2, Item No. B-1, be removed for discussion. City Auditor and Clerk Robinson read proposed Resolution Nos. 99R-1169 and 99R-1170, in their entirety and proposed Resolution No. 99R-1168 by title only 2. Adoption Re: Proposed Resolution No. 99R-1168, a resolution of the City Commission of the City of Sarasota, Florida, 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). 3. Adoption Re: Proposed Resolution No. 99R-1169, a resolution of the City Commission of the City of Sarasota, Florida appropriating $34,000 from the Special Law Enforcement Trust Fund (forfeitures) to fund police officers attendance at various training programs and to fund verbal judo training for police officers. 4. Adoption Re: Proposed Resolution No. 99R-1170, a resolution of the city Commission of the City of Sarasota, Florida appropriating $7,500 from the Special Law Enforcement Trust Fund (forfeitures) to fund a three-year Functional Capacity Testing Pilot Program for officer candidates of the Sarasota Police Department. On motion of Commissioner Hogle and second of Commissioner Pillot, it was moved to adopt Consent Agenda No. 2, Item Nos. 2, 3 and 4. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. 1. Adoption Re: Proposed Resolution No. 99R-1162, a resolution of the City of Sarasota, Florida, amending for the Civil Service and General Personnel System; providing for updated changes in rules 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14A, 14B, 15, 16, 17, 18, 19 and 20 to bring them into compliance with the City Charter, the City Code and current laws and practices, as well as changes in titles and in the organizational structure of the City; as more particularly described herein providing for the severability of parts hereof; etc. (Title Only) Commissioner Cardamone stated that the Consent Agenda 2, Item No. 1, proposed Resolution No. 99R-1162, was removed to request a workshop to review the subject of Personnel Rules and Regulations for the Civil Service and General Personnel System; that the proposed Resolution is a very large document, with numerous deletions and additions; that due to recent incidents with City employees, the Commission should review employment policies and the proposed Resolution in more detail. Mayor Dupree stated that the proposed Resolution is 92 pages in length; that more time is desired to review the entire document. Commissioner Hogle stated that a review of the proposed Resolution is necessaryi that the comments of Mayor Dupree and Commissioner Cardamone are supported; that input is desired from Staff. Commissioner Cardamone asked if civil service regulations apply to department heads? City Manager Sollenberger stated that department heads hired after 1987 do not enjoy the protection of the General Personnel Board provided in the Personnel Rules and Regulations in cases of discipline or removal action; that department heads are at-will employees with an employment agreement; that the city Manager may terminate, without cause, any department head; that a termination payment is negotiated at the beginning of the employment of a department head; that the rest of the Personnel Rules and Regulations apply. Mayor Dupree stated that hearing no objections, Consent Agenda 2, Item No. 1, is referred to the Administration to schedule a workshop. BOOK 46 Page 18118 04/05/99 3:30 P.M. BOOK 46 Page 18119 04/05/99 3:30 P.M. 5. DISCUSSION RE: DISPOSITION OF THE LEONARD REID HOUSE LOCATED AT 521 COCONUT AVENUE, AT THE SW CORNER OF COCOANUT AVENUE AND 6 TH STREET (ROSEMARY DISTRICT) ) (AGENDA ITEM NO. III-1) - APPROVED TO AUTHORIZE THE CITY TO CONTRIBUTE CITY FUNDS IN AN AMOUNT EOUAL TO $1,000 FOR EACH YEAR NEGOTIATED IN THE LEASE AGREEMENT NOT TO EXCEED $10,000 FOR A MINIMUM OF A SEVEN-YEAR LEASE AGREEMENT WITH THE NAME LEONARD REID INCORPORATED INTO THE NAME OF THE DAYCARE CENTER #1 (0900) through (3100) Gregory Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission and stated that on September 9, 1998, the Commission approved and authorized Staff to develop an Expression of Interest (EOI) for relocating the Leonard Reid House; that the EOI was developed and sent to organizations expressing interest in acquiring the relocated Leonard Reid House; that one response from Youth Employment Systems, Inc. (Y.E.S. Kids) was received; that the response was deficient in a number of areas; that Staff continued to consider proposals even past the EOI submission deadline; that one proposal for a daycare center has been tendered in recent weeks; that Don Wallace and Martie Parker have submitted a proposal to rehabilitate the Leonard Reid House as a daycare center; that Mr. Wallace has agreed to acquire and relocate the structure; that David Christner, the current owner of the property, has agreed to donate the structure to Mr. Wallace; that a preliminary estimate places the cost of rehabilitation at approximately $41,000; that the proposed relocation site is a lot Mr. Wallace owns at 1435 7th Street in the Rosemary District near Cohen Way; that the Leonard Reid House is scheduled for demolition in the future; that the Commission approved the development of an EOI with no restrictions concerning relocation of the structure; that the Leonard Reid House is available on a tenant basis or available to a non-profit organization; that Staff recommends the authorization of up to $10,000 to relocate the Leonard Reid House to the lot Mr. Wallace owns in the Rosemary District; that in return, Mr. Wallace must agree to rehabilitate the structure according to US Department of Interior Standards for Rehabilitation; that the structure must be used for a daycare facility for a period of five years; that Staff recommends authorization to negotiate a Lease Agreement with Ms. Parker for use of the City-owned lot at 1443 7th Street, located at the NW corner of 7th Street and Cohen Way, for use as a playground. Commissioner Hogle asked if Staff knows the value of the city's property at 1443 7th Street, which is adjacent to the relocation site, 1435 7th Street, and if the proposal can remain viable without the City's property? Mr. Horwedel stated that the questions are unanswered due to Staff's desire to receive guidance from the Commission concerning interest in the proposal. Commissioner Pillot asked the status of the request for additional time to prepare and submit a proposal from Jetson Grimes, President of the Greater Newton Community Redevelopment Corporation (GNCRC) ? Mr. Horwedel stated that Mr. Grimes' request has been withdrawn. Commissioner Pillot asked if rehabilitation of the structure to US Department of the Interior Standards will be monitored by the City's Department of Neighborhoods and Redevelopment? Mr. Horwedel stated no; that perhaps the Planning Department through the Historic Preservation Board or through Sarasota County, which has a historic preservation program, could monitor the rehabilitation. Commissioner Pillot asked if the 5-year Lease Agreement stipulation is the only stipulation as to the future of the property and if assurance is given to keeping the property connected with Mr. Reid? Mr. Horwedel stated that the authors of the proposal, Mikki Hartig, Don Wallace, David Christner and Martie Parker, are in the audience; that the Commission may wish to speak directly with them; that typically a five-year forgivable loan is used to insure public funds are used for the purpose intended for all five years. Commissioner Pillot stated that the only reason support is given to the proposal is due to the historic significance of Mr. Reid to the community and the City; and asked if an opportunity exists to have Mr. Reid's name associated with the proposal for a longer time period? Mr. Horwedel stated that Staff's recommendation is to have Mr. Reid's name associated with the proposal for a significantly longer period. Commissioner Pillot stated that the intent of the Commission was to preserve the name of Leonard Reid for a very long time. The following people come before the Commission: Mikki Hartig, 3708 Flores Avenue, (34239), Don Wallace, 420 Golden Gate Point Apartment Number 2, (34236), David Christner. 4626 County Manor Drive, (34233) and Martie Parker, 1275 42nd Street, (34234) BOOK 46 Page 18120 04/05/99 3:30 P.M. BOOK 46 Page 18121 04/05/99 3:30 P.M. Ms. Hartig stated that Mr. Wallace offered a site for relocation in the Rosemary District as no responses were received to the EOI; that every effort was made to find a non-profit group or organization to accept the use of the structure once relocated to the Rosemary District site; however, no groups came forward to use the structure; that Ms. Parker was searching for a location for a daycare center within the Black Community, contacted the Department of Neighborhoods and Redevelopment and has joined in the effort to make use of the Leonard Reid House; that the daycare center proposal submitted includes the following stipulations: 1. placing the building on the Local and National Registrar of Historic Places 2. pursuing of Historic Preservation Tax Credit status 3. determining if termite treatment is necessary 4. applying for permits and paying appropriate fees 5. preserving the structure permanently 6. seeking another tenant if necessary from the community when the first five-year Lease Agreement expires Mr. Wallace stated that the purpose of the proposal is not to make moneyi. that the desire is to save the Leonard Reid House from demolition, to have a daycare facility in the Rosemary District and to perform an act of public service with a great deal of personal pride. Ms. Parker stated that she currently operates a home-based daycare center at 1275 42nd Street; that a search for an appropriate facility is ongoing; that the daycare center is on the referral list to participate in the Federal Subsidized Child Care Program for low-income families; that child care is currently provided to the children of low-income families; that child care for low-income families will continue in the new daycare center; that no daycare centers exist in the Rosemary District at present; that daycare centers outside the area have long waiting lists. Commissioner Pillot asked the name of the proposed daycare center? Ms. Parker stated that the proposed name is the Rosemary Daycare Center. Commissioner Pillot asked if consideration could be given to the use of name of Leonard Reid in the name of the daycare center? Ms. Parker stated yes. Mr. Christner stated that as the owner of the property on which the Leonard Reid House is currently located, the desire is for a positive outcome; that the property will require development at some time; that to demolish the Leonard Reid House would be a tragedy. Jencie Davis, 1420 5th Street, (34236), came before the Commission and stated that the proposal to place the Leonard Reid House in the Rosemary District is supported; that the Reid family was very fond of children; that Viola and Ethel Reid contributed to the welfare of children throughout their life; that turning the Leonard Reid House into a daycare center in honor of the Reids is a wonderful idea. Commissioner Pillot asked Ms. Davis if the five-year Lease Agreement is suitable? Ms. Davis stated that the Lease Agreement should be for a longer term. Commissioner Pillot asked Ms. Davis if incorporating the name of Leonard Reid is a good idea? Ms. Davis stated yes. Mayor Dupree asked Mr. Wallace if the name of the proposal and term of the Lease Agreement can be changed? Mr. Wallace stated that a seven-year Lease Agreement would be agreeable; that the proposed use of the site is to provide daycare; that the interior will be furnished with children friendly items; that other daycare providers would be sought to occupy the site in the unlikely event Ms. Parker's business fails; that the Leonard Reid House will be kept in the Rosemary District; that the US Department of the Interior Standards require an historic building must remain in the area within which originally built to retain historic designation. Mayor Dupree asked for clarification concerning the use of the name Leonard Reid if the daycare facility fails and another tenant occupies the facility? Ms. Hartig stated that Leonard Reid's name would be kept with the site. Commissioner Hogle asked Ms. Hartig if a business relationship exists with Mr. Wallace. Mr. Wallace stated that Ms. Hartig is employed to represent the interests of the applicants. BOOK 46 Page 18122 04/05/99 3:30 P.M. BOOK 46 Page 18123 04/05/99 3:30 P.M. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved authorize $1,000 per year for each year negotiated in the Lease Agreement, not to exceed $10,000, with a minimum of a seven-year term and the name of Leonard Reid incorporated into the name of the daycare center. Commissioner Cardamone stated that using general fund public dollars for private projects is not supported; that future requests for the use of funds in similar projects will be received; that recognizing Mr. Reid as significant to the history of the City is supported; that public use of the Leonard Reid House was the Commission's original intent; that the proposal as presented is not supported due to the use of public funds for a private project which will establish a precedent. City Manager Sollenberger stated that the use of the facility as a daycare center is viewed as a secondary benefit considering some recommendations included in the Financial Sustainability Study regarding educational support for children, particularly those of parents coming off welfare and going to work; therefore, the proposal is supported; that a concern is the private use of the property with public funds; that the Historic Preservation Broad has recommended using $3,000 of Historic Preservation Funds for the project; that the Historic Preservation Fund has $13,000 available; that the city could consider use of Historic Preservation Funds for the entire $10,000 instead of General Funds. Commissioner Cardamone stated that no words relating to education are used in the proposal; that the education of children has not been considered; that the minimum use of funds available from the Historic Preservation Fund is supported; that the use of additional Historic Preservation Funds is not supported. Commissioner Hogle stated that the use of the City's lot at 1443 7th Street presents a problem due to the lack of a Lease Agreement; and asked if the city will donate the city's property or lease the property to the applicant for a dollar a year? Vice Mayor Merrill stated that a ban on public funds for private projects is supported; that efforts to revitalize the city are supported; that historic preservation is a high priority for the city; that the attractiveness of historic preservation sites will be of value to the City. Commissioner Cardamone stated that many older homes exist in the City; that denying the use of public funds for a private purpose such as a toy store or dry cleaner business is difficult once the precedent is established; that the Leonard Reid House is not the issue before the Commission; that the issue is setting a precedent of using public fund for private purposes; that the City supports daycare centers and has donated $75,000 and land to the Helen Payne Child Nursery on Dr. Martin Luther King, Jr. Way. Commissioner Pillot stated that the proposal is supported in an effort to honor Leonard Reid, whose contributions to the City are similar in stature to the deeds of J. Hamilton Gillespie, Mayor of Sarasota from 1902 to 1907 and in 1910; that the proposal will not be supported unless Leonard Reid's name is attached. Mayor Dupree stated that receiving only one reply to the EOI was disappointing; that the use of some public money is preferable to having the Leonard Reid House demolished. Commissioner Pillot stated that the intent of the motion is to incorporate all provisions of the proposed Resolution changing only the funding source; that in retrospect the demolition of J. Hamilton Gillespie's home is regrettable. Commissioner Cardamone asked if the City will recover the funds spent to move the Leonard Reid House if the Revised Proposed Terms of Agreement Between Martie Parker and Donald Wallace is not fulfilled? city Attorney Taylor stated that as the Revised Proposed Terms of Agreement Between Martie Parker and Donald Wallace is written the city has no recourse. Commissioner Pillot stated that a recovery provision is supported. Mr. Horwedel stated that a recovery provision is common practice for similar projects. city Attorney Taylor stated that the Revised Proposed Terms of Agreement Between Martie Parker and Donald Wallace could be written to include a recovery provision. city Auditor and Clerk Robinson restated the motion as to authorize the City to contribute City funds in an amount equal to $1,000 for each year negotiated in the Lease Agreement not to exceed $10,000 for a minimum of a seven-year Lease Agreement with the name Leonard Reid incorporated into the name of the daycare center. Mayor Dupree called for a vote on the motion. Motion carried (3 to 2): : Cardamone, no; Hogle, no; Merrill, yes; Pillot, yes; Dupree, yes. 6. ADOPTION RE: PROPOSED RESOLUTION NO. 99R-1174. APPROPRIATING UP TO $7,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO ASSIST IN THE RELOCATION OF THE LEONARD REID HOUSE ONTO A LOT OWNED BY MR. DON WALLACE IN THE ROSEMARY DISTRICT, SUBJECT TO A SIGNED LEASE AGREEMENT ETC. = APPROVED WITH STIPULATIONS AND WITH THE BOOK 46 Page 18124 04/05/99 3:30 P.M. BOOK 46 Page 18125 04/05/99 3:30 P.M. FIRST $ 3,000 TO COME FROM THE HISTORIC PRESERVATION FUND (AGENDA ITEM III - 2) #1 (3100) through (3110) City Auditor and Clerk Robinson read the proposed Resolution No. 99R-1176 in its entirety. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to adopt proposed Resolution No. 99R-1176 with stipulations consistent with the approved motion in Agenda Item III-1 and with the first $3,000 of the approved funding to come from the Historic Preservation Fund. Mayor Dupree requested that city Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 2): : Dupree, yes; Hogle, no; Merrill, yes; Pillot, yes; Cardamone, no. 7. SOUTHEAST ANNEXATION STUDY - ACCEPTED THE REPORT AND DIRECTED STAFF TO PRESENT THE ANNEXATION PLAN TO NEIGHBORHOOD ASSOCIATIONS AND THE COMMUNITY TO GAIN INPUT AND REPORT BACK TO THE COMMISSION (AGENDA ITEM III NO. 3) #1 (3110) through #2 (0456) William Hallisey, Director of Public Works, came before the Commission and stated that on December 16, 1998, the Administration presented the Southeast Annexation Report to the Commission; that the area proposed for annexation is 2300 acres at the Southern boundaries of the city limits and is in the vicinity of Phillippi Creek; that due to the size of the area, a referendum of the Phillippi Creek residents and of the City's residents is required for the proposed annexation; that the Commission accepted the Southeast Annexation Report with the provision that long-term average costs for all services be incorporated; that the costs have been calculated and documented in the public information brochure entitled "It's Your Choice!" which has been prepared to inform interested parties of the City's proposed annexation option for property owners in the Phillippi Creek area; and referred to the brochure which indicates the following costs: Monthly Estimated Cost for the First 10 Years Taxable city city Value with L.0.S.T.* without L.0.S.T.* County $55,000 $80.32 $98.02 $119.46 $85,000 $86.53 $104.24 $119.46 $160,000 $102.06 $119.47 $119.46 Monthly Estimated Cost for After First 10 Years Taxable Value City County $55,000 $90.80 $77.72 $85,000 $95.80 $77.72 $160,000 $108.30 $77.72 *Local Option Sales Tax, also called the penny sales tax Mr. Hallisey continued that property taxable value is the assessed property value minus the homestead exemption; that the city's monthly estimated cost includes sewer, solid waste and street sweeping fees, City ad valorem taxes, franchise taxes, excise taxes and inflation; that the County's monthly estimated cost includes sewer, solid waste and franchise taxes; that the costs are divided into two components; that the first component is for the first ten years; that $18 million from Sarasota County's portion of the L.O.S.T extension, also called the penny sales tax, should be available to totally offset the impact and connection fees; that a 10-year interest free loan to the residents to pay the impact and connection fee would be made available should the requested funds from Sarasota County's L.O.S.T extension be denied; that the City's costs are compared to Sarasota County's best available cost calculations; that the County's program is still in the planning stage; that the size and limits of the County's program have not yet been determined; that the cost figures are taken from the costs published by the County to date; that the brochure indicates the benefits of living in the city; that a strong message is incorporated concerning the choice between living in the City compared to living in the County; that the focus of the brochure is designed to create a spark of interest for residing in the City; that the City enjoys a small responsive government focused on protecting and enhancing neighborhoods; that the next step is to present the information to the public who are targeted for the annexation; that Staff will hold briefings for residents in the area and hold presentations with civic organizations and business groups in the area; that the proposal will also be discussed with City residents pointing out the benefits of annexation; that Staff recommends accepting the report and directing Staff to present the plan to neighborhood associations and to the community to gain input with a report back to the Commission. Commissioner Hogle stated that the brochure and the project are supported; that Staff and the City Manager should discuss who should be the point person for the project. City Manager Sollenberger stated that the Administration will evaluate the suggestion for a point person; that the public will likely feel the greatest confidence with Mr. Hallisey or Dale Haas, P.E., Principal Utilities Engineer, as the presenters with the information the public requires; that the City is selling wastewater treatment; that Mr. Haas was the point person for the successful annexation of the 60-acre Barnes & Nobles - Chili's Plaza Project; that the public will want to speak with people who are completely familiar with the topic. BOOK 46 Page 18126 04/05/99 3:30 P.M. BOOK 46 Page 18127 04/05/99 3:30 P.M. Vice Mayor Merrill asked the amount of time and money required to complete the proposed communication with the public? Mr. Hallisey stated that time required is two to three months; that the production cost for the brochures is approximately $4,000 to $5,000. Vice Mayor Merrill asked if preliminary meetings have taken place with neighborhood groups to explore the benefits of annexation. Mr. Hallisey stated no; that no direct contact with the public has been made; that some informal discussion has taken place; that some citizens have expressed concern about the County's proposed project; that Staff has the impression residents welcome discussion about the proposed annexation; that Staff has not spoken to residents about any specifics. Vice Mayor Merrill stated that making the information available is supported; however, spending a lot of money on the brochures is not supported; that the County's plans are not finalized yet; that the City is unable to prepare a proper plan with only half the necessary information available; that the County is attempting to obtain funds from the State; that the same funding could be available to the City; that neither a mass mailings nor a wholesale campaign is supported. Commissioner Cardamone referred to the costs included in the chart entitled Estimated Average Monthly Costs for First 10 Years versus Estimated Average Monthly Costs After First 10 Years included and asked for clarification of the difference between the County cost of $119.46 for the first 10 years and $77.72 after the first 10 years? Mr. Hallisey that the County's program provides for a 10-year program for the amortization of the impact and connection fees to residents; that lower costs will be realized to maintain the project once the impact and connection fees costs are paid. Commissioner Cardamone stated that the public is hearing about Sarasota County's purchasing of wastewater treatment systems which will make the County resident's bills very high; that County residents will have to pay for the cost of the acquired purchased systems; that making the information available but not spending a lot of money on the brochures is supported; that reaching out to the affected community with information to inform the public about the benefits of being a City resident is supported; that County cost figures should be confirmed so the brochure is as accurate as possible; that the Vice Mayor should be invited back after leaving office to hear the report from Staff due to the Commissioner's unyielding insistence that the County's portion of the L.O.S.T extension would be shared with the City; that the question of the city's opportunity to use of the funds was raised at the May 1, 1998, joint meeting with the Sarasota Board of County Commissioners was if the City has assess to the same funds; that the County's response was the funds would be available to the City. Mr. Hallisey stated that the point is valid. Commissioner Pillot asked if the use of public funds for promoting the issue of annexation can be criticized? City Manager Sollenberger stated that no criticism is anticipated. Commissioner Pillot asked if the brochure has been printed? Mr. Hallisey stated no. Commissioner Pillot stated that the following sentence at the beginning of the "It's Your Choice!" brochure should be in bold face type to emphasize a vote is required from the public: To receive these services, as well as current city residents, must vote to approve annexation. Commissioner Pillot cited from the section of the "It's Your Choice!" brochure entitled "Save with the City During First 10 Years" as follows: Also, the City would reinvest revenues from the annexation areas back into those neighborhoods to help offset the cost of installing necessary infrastructure. Commissioner Pillot asked the extent to which the funds will be reinvested back into the annexed neighborhood and the expected amount of revenues? City Manager Sollenberger stated that a very extensive feasibility study has been conducted as to the expected revenues and the expected expenses; that the balance of the revenue funds are available for reinvestment; that the city's Finance Department has done considerable in-depth cost analysis; that the Finance Department has consulted all other City departments as to the operating and infrastructure costs. Commissioner Cardamone stated that the phrase "at least" from the following sentence in the section entitled "What's in It For Me" in the "It's Your Choice!" brochure should be deleted: Each year, at least several City police officers are awarded the Police Department Life Saving Medal. Commissioner Pillot asked if the brochure will be proofread to ensure no errors of fact or punctuation exist, if the brochure has BOOK 46 Page 18128 04/05/99 3:30 P.M. BOOK 46 Page 18129 04/05/99 3:30 P.M. been shown to the County Administration, and will the brochure cause any disharmony between the City and the County? City Manager Sollenberger stated that the County Administrator was provided with copies of the feasibility study performed by City Staff; that the report was sent to the Sarasota County Budget Department, which indicated the result of the project would be a reduction in revenue to the County. Mayor Dupree asked for clarification of the following statement in the section Comparing Future Costs in the "It's Your Choice!" brochure: the saving as a City resident in the first 10 years substantially offset the higher costs in later years.. Mr. Hallisey stated that Staff may wish to rewrite the sentence for clarity; that after ten years the charge from the city for maintaining the central wastewater treatment system will be $55 more per month than what the County would charge for maintenance. Mayor Dupree stated that the statement implies the costs will increase after the first ten-year term. Mr. Hallisey stated that after ten years some costs will be required to maintain the central wastewater treatment system; that the costs will be lower compared to the costs for the first ten years. Mayor Dupree asked if taxes are included in the cost figures. Mr. Hallisey stated yes. Commissioner Pillot stated that the inclusion of taxes should be restated and emphasized. Mr. Hallisey stated that the inclusion of taxes in the costs will be emphasized. Commissioner Cardamone asked the number of years an average person resides in a home before moving? Gibson Mitchell, Director of Finance, came before the Commission and stated seven years. Commissioner Cardamone stated that a seyen-year resident would receive the majority of the financial benefit from the project; and asked the benefit to homeowners who will reside in their home for thirty years or more? Mr. Mitchell stated that the costs were calculated for thirty years; that the cost is $55 per month more to be a City resident compared to being a resident of the County. Mr. Hallisey stated that Staff recommends presenting the information to the public to address similar questions from citizens. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to accept the City Manager's recommendation to accept the report and direct Staff to present the plans to neighborhood associations and the community to gain input and to report back to the Commission. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. The Commission recessed at 5:25 p.m. and reconvened at 6:00 p.m. 8. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MARCH, 1999, ALAN B. DEVANEY, POLICE OFFICER 1ST CLASS, POLICE DEPARTMENT (AGENDA ITEM IV-1) #3 (0046) through (0317) John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and requested that Alan Devaney, Police Officer 1st Class, come forward. Chief Lewis stated that Officer Devaney has nine years of service and has been assigned to the K-9 Unit for six years; that Officer Devaney recently assumed additional duties by assuming responsibility for training two additional K-9 dogs for the Unit; that replacement was required for one dog shortly after completion of training; therefore, training a replacement dog was required; that K-9 Unit training is physically very strenuous for the handler; that Officer Devaney is also responsible for the training new handlers; that Officer Devaney performs active drug interdiction duties, search missions, and supply purchasing; that Officer Devaney stays apprised of current developments in the case law of K-9 Units, which is shared with other handlers; that North Port, Florida, requested K-9 Unit training, which was enthusiastically accommodated by Officer Devaney; that Officer Devaney has also found time to volunteer for employee appreciation activities, serving as Team Leader for the Holiday Festivities Social Team; that Officer Devaney has won first place the past several years in the employee holiday bake-off contest; that Officer Devaney is an asset to the K-9 Unit, the Police Department and the City of Sarasota and serves with excellence and pride. Mayor Dupree presented Officer Devaney with a City-logo watch, a plaque, and a certificate as the March 1999 Employee of the Month BOOK 46 Page 18130 04/05/99 3:30 P.M. BOOK 46 Page 18131 04/05/99 3:30 P.M. in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. The following family members were present in the audience and were recognized: Mary Beth, wife; Jennifer and Christopher, daughter and son; and Kay Jesson, mother-in-law. 9. PRESENTATION RE: RETIREMENT AWARD TO DOROTHY A. FAIRCHILD WHO IS RETIRING FROM THE POLICE DEPARTMENT AFTER 22 YEARB OF SERVICE (AGENDA ITEM IV-2 #3 (0317) through (0445) Mayor Dupree requested that John Lewis, Chief of Police, and Dorothy Fairchild, Community Service Aide, Sarasota Police Department, join him before the Commission; stated that Ms. Fairchild concluded her employment with the City after 22 years; thanked Ms. Fairchild for all her efforts and congratulated her on her retirement. Chief Lewis stated that working with Ms. Fairchild is an excellent example of employees who serve with excellence and pride; that Ms. Fairchild's duties have been extremely important, including follow-up work with the Criminal Investigation Division and work with run-away children from around the Country; that Ms. Fairchild work tirelessly to reunite children with parents and assuring necessary services are received; that Ms. Fairchild's 22 years of service to the Police Department and the community are appreciated. Mayor Dupree read the Retirement Award in its entirety and presented Ms. Fairchild with the plaque. Ms. Fairchild recognized her husband, Douglas, who was present in the audience and thanked the City for many good years and the Commission for the plaque. 10. PRESENTATION RE: RETIREMENT AWARD TO JESSIE HUBBARD, SR.. WHO IS RETIRING FROM THE PUBLIC WORKS DEPARTMENT AFTER 33 YEARS OF SERVICE (AGENDA ITEM IV-3) #3 (0445) through (0680) Mayor Dupree requested that William Hallisey, Director, and Jessie Hubbard, Sr., Foreman, Public Works Department, join him before the Commission; stated that Mr. Hubbard concluded his employment with the city of Sarasota after 33 years; thanked Mr. Hubbard for all his efforts and congratulated him on his retirement. Mr. Hallisey stated that many of the viewers in the television audience at home may know Mr. Hubbard; that Mr. Hubbard was a former supervisor in the Solid Waste Division, was a City Employee of the Month, and the City's 1997 Employee of the Year; that Mr. Hubbard was a mentor for many of the younger men and women in the Public Works Department; that customers often requested advice on home improvement and family projects; that Mr. Hubbard will be missed after his many years of dedicated service. Mayor Dupree read the Retirement Award in its entirety and presented Mr. Hubbard with the plaque. Mr. Hubbard recognized his wife, Laura, his daughters, Juanita and Lorie, his granddaughter, Shatina Gaines, and his great grandson, Katrell Hubbard, who were present in the audience and thanked the Commission for the plaque. 11. PRESENTATION RE: RETIREMENT AWARD TO ISAAC G. INGRAM WHO IS RETIRING FROM THE POLICE DEPARTMENT AFTER 16 YEARS OF SERVICE (AGENDA ITEM IV-4) #3 (0680) through (0822) Mayor Dupree requested that John Lewis, Chief of Police, and Isaac Ingram, Sergeant, Sarasota Police Department, join him before the Commission; stated that Mr. Ingram concluded his employment with the city after 16 years; thanked Mr. Ingram for all his efforts and congratulated him on his retirement. Chief Lewis stated that Sergeant Ingram had one of the highest profile jobs in the Police Department, with responsibility for the Traffic Unit and police activities for all special events in the city; that the City has hosted many special events including the County Fair, the Medieval Fair and countless parades with little or no problems, which can be credited to Sergeant Ingram; that any special requirements were always accommodated; that Sergeant Ingram has been a wonderful role model demonstrating the job can be done correctly while receiving the respect and admiration of others. Mayor Dupree read the Retirement Award in its entirety and presented Mr. Ingram with the plaque. Mr. Ingram recognized his wife, Jean, who was present in the audience and thanked the Commission for the plaque. 12. ADOPTION RE: MEMORIAL RESOLUTION NO. 99R-1173, RECOGNIZING THE PASSING OF JOHN L. EARLY, FORMER COMMISSIONER,. MAYOR AND INFLUENTIAL POLITICAL LEADER OF THE CITY OF SARASOTA, WHOSE SIGNIFICANT CONTRIBUTIONS TO THE COMMUNITY ARE GREATLY APPRECIATED, ETC. = ADOPTED (AGENDA ITEM IV-7) #3 (0822) through (1144) BOOK 46 Page 18132 04/05/99 3:30 P.M. BOOK 46 Page 18133 04/05/99 3:30 P.M. Mayor Dupree stated that City of Sarasota Memorial Resolution No. 99R-1173 recognizes the passing of John L. Early, an outstanding citizen of Sarasota. Mayor Dupree read Memorial Resolution No. 99R-1173 in its entirety. On motion of Commissioner Cardamone and second of Commissioner Pillot, it was moved to adopt proposed Memorial Resolution No. 99R-1173. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone yes; Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. Charles Early, III, grandson, came forward and was presented with Memorial Resolution No. 99R-1173 appropriately framed on a plaque. The following family members were present in the audience and were recognized: Bonnie, daughter-in-law, and Mary, wife of Charles Early. Commissioner Pillot stated that Mr. Early was born in 1896; that Mr. Early was present at the dedication of the Veterans' Memorial and was one of three of the oldest living veterans of World War I; that in a short period, the city would have had the honor of having Mr. Early in the community for three separate centuries. Commissioner Cardamone stated that Mr. Early was a special person. 13. PRESENTATION RE: MAYOR'S STATE OF THE CITY ADDRESS (AGENDA ITEM IV-8) #3 (1144) through (2800) Mayor Dupree stated that an annual State of the City Address is required by Section 8, Article III, Charter of the City of Sarasota (1996), and delivered the following prepared speech: Mayor's State of the City Address April 1999 Vice Mayor, fellow City Commissioners, city Manager, Deputy City Manager, city Auditor and Clerk, Deputy City Auditor and Clerk, city Attorney, Associate city Attorneys, Department Heads of the City, City Boards and Committee Heads, city Staff, Employees, Residents and Citizens of the city of Sarasota: It is my delightful pleasure, responsibility and task to share with you the State of the City Address for the City of Sarasota, 1998-99. The City of Sarasota, Florida, was incorporated in 1902. This city is located on the west coast of Florida, approximately mid-way down the State of Florida. It is 24 square miles with a population of nearly 52,000 people. Our current Charter was approved by a special act of the State of Florida Legislature in 1973 and by the voters of the City of Sarasota in an election held on September 6, 1988. The City operates through a City Commission/City Manager form of government. It has a mission statement, objectives and goals by which it provides municipal services throughout the City. Services provided are public safety and health, human resources, financial budgeting, accounting, reporting, cultural and aesthetic, environmental and preservation, neighborhoods and redevelopment, housing and community development, information and technology, planning and development, building, zoning and code enforcement, engineering, sports facilities and accommodations, general services and public works. Additionally, there are many other supportive services. Only recently has the City of Sarasota Comprehensive Plan (the Sarasota City Plan) been approved by the State of Florida as a model plan for the City. All of those who worked on the preparation, completion, submittal and follow- up on the plan are commended highly by both state and municipal governance. The State of the City is one of diversity: diversity in the ages of our citizens, ranging from very young to senior elderly; diversity in incomes and possessions, covering levels from dirt poor to mountain peak rich; diversity in cultural appetites and development; diversity in business and economic development; diversity of educational provision and attainment; diversity in neighborhood development and redevelopment; diversity of planning and implementation; diversity of gender, male and female; diversity of racial identification; diversity of attitude, initiative, motivation and accomplishment; diversity of religious conviction; diversity of involvement in positive productivity. It has been for me a crowning experience to serve the City of Sarasota and, in a real sense, the County of Sarasota for the past three years plus. It is clear to me that, working together, much has been accomplished. This makes me and, it is hoped, you as well, feel exceptionally good by what is done here at the table of public service. Additionally, it has been such a tremendous help to me and to us to have such capable administrative, supervisory and other support Staff with whom to work so harmoniously. This is inclusive of all those who give the orders for implementation of policy and all of those who carry out those orders. To every employee BOOK 46 Page 18134 04/05/99 3:30 P.M. BOOK 46 Page 18135 04/05/99 3:30 P.M. of the City of Sarasota and many of the County, I am grateful. My thanks to you. The city Manager, City Auditor and Clerk and our City Attorney, along with the capable Staff members of each charter officer, are here commended for your efficient work and our great relationship. Thank you! Each of our Boards and Committees of the City has done so much to make my job and our job easier. Each one is greatly appreciated by me and by this Commission. So very much of yourselves and your voluntary skills have been shared with us. The news media: Newspaper staff and reporters, radio and television staff and reporters, and other news media, we thank you for being supportive and for doing your job ably. The Neighborhood Department of the City and the Neighborhood Associations, coalitions, task forces and community redevelopment groups have my sincere thanks for all the good you have done and are continuing to do! And to all of the citizens of the City of Sarasota and, especially District 1, who elected me to office, thank you for the support you have given. You have kept us alert to your concerns, the concerns of the City of Sarasota and the goals we have set for this City. To the Greater Sarasota Chamber of Commerce and businesses of both the private and public sectors, I am extremely grateful. You have done so much to help us make this, the City of Sarasota, a more functionally beautiful City and economically viable City. To every group that promotes the arts, both visual and performing, throughout the City of Sarasota, I thank you and urge you to continue to make this a City of cultural prominence. To the faith community, thank you for your fervent and effectual prayers for leaders of this World, Nation, State, County and especially the City. Continue to pray for our wisdom and our strength to do what is right by God's standard. To Sarasota Opera Guild, Sarasota Ballet Association, Sarasota Garden Club, sculpturers guild and other visual and performing arts groups, your role in the beauty and cultural impact on our City has been significant. All of these to whom I have alluded, thanked, praised, and many more, constitute the state of the City of Sarasota. Every age group, every interest and skill group, every language and nationality and color, every person, past and present, has done much to bring us to the current state of the City of Sarasota. Permit me, if you will, to cite some examples to attest to the validity of my previous statement of facts. First, however, let us take a look at the goals to which I referred in the initial portion of this address. Our Commission goals seek to achieve economic vitality through healthy businesses and quality job opportunities; to be a financially responsible City government, providing high quality services and infrastructure; to be an attractive, clean and aesthetically pleasing city; to have viable neighborhoods working together as a community and to be a safe City for all of our people. In our earnest efforts to be true to our expressed goals, these actions have been taken. The Sarasota City Plan update process began in 1995 with the EAR (Evaluation And Appraisal Report) and was mandated by the State of Florida's Growth Management Act. The process involved amending and updating eight chapters of the plan and a new neighborhood chapter. The Sarasota City Commission adopted the new plan in November, 1998, with an anticipated effective date of January, 1999. By January, 1999, the DCA (Department of Community Affairs) had approved the Sarasota City Plan and declared it to be a model plan for the State of Florida. Likewise, the City began a comprehensive review of its Land Development Regulations (LDRs) in 1995. This project involved a major update of the Zoning Code. The City Commission adopted the revised Land Development Regulations in October, 1998. Another phase of the project, in which the LDRs will be made consistent with the Sarasota City Plan, is underway and will continue through 1999. This phase will also include revising the EDCM (Engineering Design Criteria Manual) and subdivision regulations. It is estimated that re- writing the LDRS to be in compliance with the Comprehensive Plan will take six to eight months, and a workshop schedule will be developed that will take an additional three to four months. A City Commission workshop will be held to discuss the neighborhood office buffer and traditional neighborhood commercial zone districts that have been developed by Staff. Then, in November 1998, the city Commission accepted the Financial Sustainability Report and recommendation as prepared by its consulting team, transmitted the study to the City Manager for preparation of a work program that was brought back to the Commission for action early in 1999, and asked the consultants to clarify some of the language reflected by the housing and education recommendations and BOOK 46 Page 18136 04/05/99 3:30 P.M. BOOK 46 Page 18137 04/05/99 3:30 P.M. bring the revisions back to the Commission for final approval. The changes requested by the Commission for housing strategies recognized the need for different strategies for individual neighborhoods and the need to establish a work plan for infill housing in select, distressed neighborhoods. The changes in educational strategies added an objective that recognized the need to develop an effective schools program in Sarasota. The final approval was scheduled for the second City Commission meeting in January, 1999. Additionally, the Indian Beach/Sapphire Shores Association requested a shoreline stabilization project several years after storms damaged the shoreline. Capital funds were allocated, input was solicited from the association, a rock stabilization project was designed, and the project was bid. During the bidding process, one of the contractors requested an alternative stabilization method be added to the bid. Although this alternative came in above the low bid submitted, it spurred additional thoughts by the neighborhood association on other stabilization alternatives and the association request that the project be modified. A funding source has been identified, and the City Commission will be asked to allocate the funds for the project. A wider variety of options will be considered, and the association will be involved in developing a more desirable alternative for the project. Neighborhood residents expressed a desire for a neighborhood park in the Indian Beach/Sapphire Shores neighborhood at a July charette. Staff was asked to investigate its feasibility and identified a City-owned lot at the intersection of Tennessee Avenue and Bon Air Avenue that could be sold to help defray cost of a park. The parcel was appraised at $50,000; and the Staff will continue to work with the neighborhood and the Parks, Recreation and Environmental Protection Advisory Board to determine a location and the amenities that would be included in the park. The City is planning to replace the existing tower at North Water Tower Park with a new tower similar to the Southgate Tower. Planning between City Staff and the neighborhood is an ongoing process. During this year, new sidewalk construction has been done within most neighborhoods. A system is in place by which to update sidewalk construction wherever needed. The city of Sarasota and the Greater Newtown Community Redevelopment Corporation (GNCRC) entered into a one-year agreement in June 1998 which provided the corporation would conduct in five primary tasks. The GNCRC has met each of those five tasks and has undertaken several other tasks. The agreement is in force through June 1999. The Master Plan for Ken Thompson Park is completed and has received approval from the Parks, Recreation and Environmental Protection Advisory Board and by the City Commission. Grant funding of $100,000 has been received. Additional grant funds are being sought. Phase 1 will be out to bid in the fall of 1999. The new Sarasota City Plan requires the development of a Parks and Open Space Master Plan which balances the needs for passive and recreational opportunities. This master plan will be incorporated into the Sarasota City Plan. A project priority list for all projects in the Sarasota City Plan and the Financial Sustainability Report will be presented to the city Commission in the Spring of 1999. Lime Avenue from Fruitville Road north to 18th Street is scheduled for the design phase to occur in fiscal year 1999/2000 and construction to occur the following year. When completed, Lime Avenue will be improved with landscaping, sidewalks, street lighting and curbs. The Rosemary District Advisory Committee (RDAC) has reviewed development proposals, continued discussing parking needs, suggested zoning guidelines which were incorporated as an appendix to the Sarasota city Plan, and engaged in a strategic planning process with City Staff to define goals and objectives for the upcoming year. Approximately $80,000 in CDBG (Community Development Block Grant) funding is available to be used in the area. The city and County approved relocating the bus transfer center to the Northeast corner of Lemon Avenue and Fruitville Road. The County is in the site appraisal stage now. Improvements to Bayfront Park include a bollard plan that will prevent vehicular access, shoreline protection on Island Park, turf installation, and outdoor furniture upgrades and additions. The bollard plan is completed, has been bid and is awaiting commission award. Construction is anticipated for May, 1999. In June 1998, the City Commission authorized Staff to work with the Sarasota County Educational Assistance Program on their proposed purchase of a building at Dr. Martin Luther King, Jr. Way and Osprey Avenue. Staff negotiated with program representatives and the property owners on the proposed acquisition, and the City Commission approved up to $150,000 in CDBG funds for the purchase contingent upon the BOOK 46 Page 18138 04/05/99 3:30 P.M. BOOK 46 Page 18139 04/05/99 3:30 P.M. program procurring an additional $66,000 in outside grants. Prior to the December 1998 deadline, private funding of $40,000 was received from Betty Schoenbaum. Sixty-six thousand was given by the Selby Foundation. The Parks, Recreation and Environmental Protection Advisory Board conducted a planning session in November 1998 which involved four neighborhood associations that surround the park. Students were also invited to participate in the planning process. Master planning continues. Construction is anticipated in fiscal year 2002/03. The sale of City property on the northwest corner of Fruitville Road and Cocoanut Avenue intersection was approved by the City Commission in October 1998. The closing on the sale was completed the first of 1999. Currently, the City uses 20 to 50 percent of the reclaimed water annually, depending on rainfall, and the next step will be to consider a mechanism that will allow the extension of the reuse water system into residential neighborhoods. This saves much water irrigation cost. Update of the subdivision regulations will occur during Phase II of the LDRs consistent with the Sarasota City Plan. Phase II will continue through 1999. Most of the subdivision regulations will be incorporated in the updated EDCM. Phase II will continue through 1999. In 1994 the Florida Department of Transportation (FDOT) completed installation of the city's computerized traffic signal coordination system. FDOT has committed to providing funding for the hardware that will be necessary for the new system. During the summer of 1998, the city began participating with the County to develop a disaster mitigation strategy that will allow all participating entities the ability to obtain FEMA (Federal Emergency Management Agency) reimbursements in the event of a natural disaster as well as the ability to receive grant funds from a variety of sources for mitigation projects. The City Hazard Mitigation Strategy Team completed the first and second set of required deliverables, which consisted of the development of the Mitigation Team, a list of existing policies, ordinances and programs related to Hazard Mitigation, and a list of Mitigation goals. The County then assembled the same information from other participating municipalities and submitted the entire package to the State on October 31, 1998, due date. A third set of deliverables includes: a list of critical facilities, buildings, and infrastructure; repetitive loss data; hazardous materials site; and historical flood data as well as potential mitigation initiatives. Mast arms for the traffic signal replacement at First Street and Cocoanut Avenue near the Selby Public Library will be fabricated this winter and installed after the season in the late spring of 1999. The Engineering Department and the Housing and Community Development Department are working with the Human Services Center on the design of a parking lot south of the Center. Design work should be completed in March with construction completed by September, 1999. The city is striving to implement a common addressing capability that allows all applications, particularly occupational licensing, permitting, code enforcement, traffic incidents and crime reporting, to draw ownership and address information consistently for display and reporting purposes. The Geographic Information System (GIS) will become the primary tool that will be the basis for many of the City's future planning efforts. The Parks, Recreation and Environmental Protection Advisory Board has recommended restrooms for the Whitaker-Gateway Park to the City Commission. In 1998 the City received approval for a grant from FDOT to build a recreational trail along the Sarasota Bayfront from Selby Gardens to New College (University of South Florida/New College). The Master Plan was completed by Staff in December 1998, meetings for the public to review the impacts of the Master Plan were scheduled for January 1998, and the streetscape improvements to the Master Plan were presented to the City Commission in February 1999. As part of the Tuttle Elementary School rebuilding project, construction of 8th Street from Tuttle Avenue east to Brink Avenue was underway although construction plans had not been approved by the city. First, plans were not acceptable due to potential to caused drainage problems. Upon revision of the plans by the Sarasota County School Board, the interlocal agreement between the School Board and City Commission for the 8th Street project was approved by the city Commission in December of last year, 1998. The FDOT has budgeted $500,000 for a drainage project on Siesta Drive between the main bridge and the humpback bridge. The City Commission approved an agreement with the FDOT for the City to accomplish the work. Actual construction is expected to occur during the summer of 1999. BOOK 46 Page 18140 04/05/99 3:30 P.M. BOOK 46 Page 18141 04/05/99 3:30 P.M. The street-tree planting program is an on-going program and one in which plans have been developed and trees planted in more than ten neighborhoods. Future programs will be developed by working with other neighborhood associations. The city held a charette, issued an RFP (Request for Proposals) in July 1998, held a workshop in August, and authorized Staff to negotiate with two respondents in September. It had been hoped that Main Street Depot would have been reopened on a limited basis by January, 1999. It is an on-going proposed development. Links Plaza will be a public park area at Links Avenue and Main Street and will be constructed in conjunction with adjoining commercial development. The concept plan has been developed and was approved by the Parks, Recreation and Environmental Protection Advisory Board and by the City Commission. The construction is expected to be completed in 1999 in accordance with the developer's schedule. The City initiated a rezoning for property on the north side of 10th Street between Orange Avenue and Central Avenue to the Office Park (OP) Zone District allowing WWSB, Channel 40, to relocate their offices and studios to the site. The closing was scheduled for December 31, 1999, or 30 days after the rezoning and the LDR and Comprehensive Plan adoptions and approvals are completed. The city formally recognized the need for additional parking in the downtown area at the City Commission's goal-setting session in April 1998. The process is underway and anticipated to be completed in early 2000. Additionally, the City has been attempting to create a situation that would allow for a managed, affordable designated anchorage area at the Bayfront. The City Code in 1985 clearly contemplated that happening. Staff completed an analysis of this option in Fébruary 1999 for presentation to the City Commission. Staff reviewed two separate proposed amendments to the road impact free ordinance that was generated by Sarasota County. In August 1998, Staff concluded that no benefit would be obtained by participating in the County's public hearing that was held in September of the same year. The Blue Ribbon Committee to Study Octave Band Sound Pressure Levels (bass thumping sounds) was established by the city Commission in February 1998. It is anticipated that they will be ready to make their final report to the city Commission the early part of March 1999. Requests for the City Commission to provide a recreational park area for dogs were referred to the Parks, Recreation and Environmental Protection Advisory Board. It has been completed adjacent to 17th Street softball fields earlier this year. A Landscape Maintenance Plan has been drafted and a budget is in the process of being prepared. A Staff study has been completed that examined limiting and/or prohibiting the parking of commercial vehicles in either front or side yards of residences. Staff is working with the Sarasota Housing Authority on a Safe Neighborhood Action Plan (SNAP). It seeks to develop Section 8 housing areas in northern Sarasota and southern Manatee Counties. The Florida Yard concept was designed at the Municipal Auditorium and submitted to the Parks, Recreation and Environmental Protection Advisory Board. Bids were opened in November 1998 with award of the bid for irrigation and landscaping scheduled for December 1998. City Manager Sollenberger determined that ADA (the Federal Americans with Disabilities Act) compliant seating for the City Commission must be examined. The project is set to be completed in mid-1999. The Wynnton Group, Inc., contributed $100,000 to the MADDADS (Men Against Destruction Defending Against Drugs & Social Disorders) of Sarasota program as part of their community support. Presently negotiations are proceeding to purchase and equip a building for MADDADS with those funds. The Gulf Coast Heritage Trail (GCHT) is an integrated trails network linking regional natural, cultural and historical resources, enhancing stewardship and eco and cultural tourism for the area. The formal public kick-off event was scheduled for February 1999. Also, the City challenged the denial of the dredge permit by the Department of Environmental Protection (DEP) and the city, DEP and Marina Jack are working on an agreement for modifying the location of the docks. As you know, the City Manager was asked to investigate relocating the Leonard Reid House from its current site. An Expression of Interest to the house was issued, three groups expressed interest. To date, only one written RFP has been submitted to the city. BOOK 46 Page 18142 04/05/99 3:30 P.M. BOOK 46 Page 18143 04/05/99 3:30 P.M. Other Issues Are: The Longboat Key concurrency issues = The cable TV franchise - The Season of Sculpture = The revised tree ordinance was scheduled for early 1999 The Y2K Quality Team is meeting to plan and prepare for any problems or issues resulting from the turn of the century Bids for irrigation and landscaping has been awarded. Hardship improvements will be reconsidered. Anticipated completion date is Spring 1999 Commissioner Pillot stated that sitting at the Commission table as the oldest in terms of age and years of service is a privilege; that Mayor Dupree and Vice Mayor Merrill conclude their service prior to the April 19, 1999, Regular Commission meeting and will be recognized at a reception on April 12, 1999; that on behalf of the city's citizens and those who use City services, appreciation is extended to Vice Mayor Merrill for the eight years of service on the Commission and the prior service on city's Parks, Recreation and Environmental Protection Advisory Board and to Mayor Dupree for three years of service on the Commission. Commissioner Pillot continued that Vice Mayor Merrill has been elected to serve two terms on the Commission, once having run unopposed, which is an indication of the respect with which District No. 3 holds Vice Mayor Merrill; that Vice Mayor Merrill will continue to work for the city; that his continued contributions to the City are welcomed and desired. Commissioner Pillot stated further that Mayor Dupree was first met in 1964 during both their tenures as School Principals of the Sarasota County school district; that Mayor Dupree has been a friend for 35 years; that the opportunity to serve with Mayor Dupree has been a distinct honor; that the past three years has been an important time in the three decades of friendship with Mayor Dupree. Commissioner Pillot stated that appreciation and personal affection are expressed for Mayor Dupree and Vice Mayor Merrill. Commissioner Cardamone stated that serving with Mayor Dupree and Vice Mayor Merrill has been a pleasure; that moments of disagreement have occurred; however, agreement has been forthcoming on many subjects; that courtesy has always been extended; that Vice Mayor Merrill with eight years of service was met many years ago during the formation of the Coalition of city Neighborhood Associations (CCNA) i that the friendship and relationship has been enjoyed for all those years; that best wishes are extended to Vice Mayor Merrill, his new family, and the new life without politics at the forefront; that Mayor Dupree has been known for many years through the school system; that Mayor Dupree and Vice Mayor Merrill will be missed and are encouraged to return to the Commission for continued support; that much work has been started; that much work remains to be done; that the period of mutual service with Mayor Dupree and Vice Mayor Merrill has been interesting and important. Commissioner Hogle stated that the sentiments of Commissioners Cardamone and Pillot are echoed; that the ideas of Mayor Dupree and Vice Mayor Merrill will continued to be pursued; that the perspective of Vice Mayor Merrill is appreciated and often unique; that appreciation is extended to Mayor Dupree and Vice Mayor Merrill for their service. City Auditor and Clerk Robinson stated that a reception is scheduled for April 12, 1999, from 5 to 7 p.m. at the Selby Gardens Activities Center on South Palm Avenue for Mayor Dupree and Vice Mayor Merrill who will be retiring from the Commission and for Commissioners-elect Carolyn Mason and Mary Quillin who will be assuming office at the swearing-in ceremony at the April 16, 1999, Statutory Commission meeting; that the public is invited to attend. Commissioner Pillot stated that congratulations are extended to Vice Mayor Merrill whose wife is expecting a child in the near future. Vice Mayor Merrill recognized his wife, Dawn, who was present in the audience. 14. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MARCH 3, 1999 - RECEIVED REPORT: SET THE FEBRUARY 12, 1999, ERRATA REVISIONS TO THE ZONING CODE (1998) FOR PUBLIC HEARING (AGENDA ITEM V-1) #3 (2870) through (2950) Sarah Schenk, city Attorney's Office, and Jane Robinson, Director of Planning and Development, came before the Commission. Ms. Robinson presented the following item from the March 3, 1999, Regular meeting of the Planning Board/Local Planning Agency (PBLP): : February 12, 1999, Errata Revisions to the Land Development Regulations (LDRS) now called the Zoning Code (1998) BOOK 46 Page 18144 04/05/99 3:30 P.M. BOOK 46 Page 18145 04/05/99 3:30 P.M. Attorney Schenk referred to her memorandum dated February 16, 1998, to the PBLP to which is attached the February 12, 1999, errata revisions and which indicates the two errata revisions as follows: 1. Revising Section IV-202 (I) (2), Zoning Code (1998), regarding the requirement for disclosure of ex-parte communications at quasi-judicial hearings 2. Reinserting Sections 15-20 through 24, Zoning Code (1981), regarding historic preservation which were inadvertently omitted from the Zoning Code (1998). Attorney Schenk stated that following the PBLP'S public hearing, the PBLP voted to find the February 12, 1999, errata revisions consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and recommended adoption by the Commission; that one errata revision amends the procedure for disclosure of ex-parte communications at quasi-judicial hearings to precisely track the language in Section 286.0115, Florida Statutes (1997), which authorizes a municipality to adopt an ordinance establishing a procedure for the disclosure of ex-parte communications to avoid a presumption of prejudice from ex-parte communications; that the changes recommended in Section IV- 202( (I) (2) are: 1) change the word "substance" to the word "subject" and 2) include the phrase "and identify the person, group or entity with whom the communication took place" to result in the following: Section IV-202 (I) (2) If the communication is oral, the Commissioner or board member shall identify the subject of the communication and identify the person, group or entity with whom the communication took place in accordance with the procedures outlined in Section IV-202 (F) (2). Attorney Schenk continued that the other errata revision is to reinsert Sections 15-20 through 24 regarding historic preservation, Zoning Code (1981), which were inadvertently omitted and which will be designated in the Zoning Code (1998) as follows: : Article IV, Development Review Procedures Division 8, Historic Preservation Sec. IV-818, Demolition by Neglect Sec. IV-819, Ordinary Maintenance Sec. IV-820, Danger to Life, Health or Property Sec. IV-821, Revocation of Certificates of Appropriateness Article V, Vested Rights and Nonconformities Division 1, Nonconformities Sec. V-103, Nonconforming Structures Attorney Schenk stated that the sections contain only minor scrivener's corrections regarding terminology and citations; that no substantive changes have been made. Commissioner Cardamone left the Chambers at 7:20 p.m. and returned at 7:23 p.m. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to receive the report of the March 3, 1999, Regular PBLP meeting and to set the February 12, 1999, errata revisions to the Zoning Code (1998) for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 15. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF MARCH 9, 1999 - RECEIVED REPORT; SET FOR PUBLIC HEARING APPLICATION NOS. 99-HD-04 (A) AND (B) - THE J. E. AND LOTTIE MOORE HOUSE AND GARAGE; SET FOR PUBLIC HEARING APPLICATION NO. 99-HD-05 - THE HOOD BLOCK: (AGENDA ITEM V-2) #3 (2950) through (3310) Craig Holliday, Chairman of the Historic Preservation Board, came before the Commission and presented the following items from the March 9, 1999, Regular meeting of the Historic Preservation Board: Application Nos. 99-HD-04 (A) and (B) 518 Adelia Avenue J. E. and Lottie Moore House and Garage Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommends historic designation for the residence located at 518 Adelia Avenue, known as the J. E. and Lottie Moore House, including the house and the garage; that the property meets the following criterion listed in Section IV-806(A) (4) of the Zoning Code (1998): 4. Embodies the distinctive visible characteristics of the craftsman style as demonstrated by its double front facing gable ends, exposed rafter tails, and partial width porch supported by double porch supports. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to set Application Nos. 99-HD-04 (A) and (B) for the J. E. and Lottie Moore House and garage for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. BOOK 46 Page 18146 04/05/99 3:30 P.M. BOOK 46 Page 18147 04/05/99 3:30 P.M. Application No. 99-HD-05 1373-1385 5th Street The Hood Block Mr. Holliday stated that based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommends historic designation for the structure located at 1373-1385 5th Street, known as the Hood Block; that the property meets the following criterion listed in Section IV-806(A) (1), Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, economic and social history of the City of Sarasota, as a long standing commercial building in the historic Overtown neighborhood, Sarasota's first Black settlement. On motion of Commissioner Hogle and second of Commissioner Cardamone, it was moved to set Application No. 99-HD-05, requesting historic designation for the structure located at 1373-1385 5th Street, known as the Hood Block, for public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. - Application No. 99-COA-05 Moving Permit 1012 North Tamiami Trail The Bickel House Application No. 99-COA-06 - Demolition Permit 1012 North Tamiami Trail The Bickel House Mr. Holliday stated that the Historic Preservation Board approved Application No. 99-COA-05, a Certificate of Appropriateness to move the Bickel House with no conditions, and denied Application No. 99-COA-06, a Certificate of Appropriateness to demolish the Bickel House. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the report and accept the recommendation of the Historic Preservation Board concerning Application No. 99-COA-05, a Certificate of Appropriateness to move the Bickel House with no conditions, and to defer action on Application No. 99-COA-06, a Certificate of Appropriateness to demolish the Bickel House as the issue will be discussed during tonight's public hearing. city Attorney Taylor stated that the only Commission action required is acceptance of the report; that Petition No. 99-COA-06, concerning demolition of the Bickel will be discussed during the public hearing. Commissioner Pillot as the maker of the motion, with the approval of Commissioner Cardamone, as the seconder, withdrew the motion. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to receive the report of the March 9, 1999, Regular meeting of the Historic Preservation Board. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Mr. Holliday stated that special thanks are offered to Mayor Dupree and Vice Mayor Merrill for the assistance provided to the Historic Preservation Board in the past and wishes both the best in future endeavors. City Auditor and Clerk Robinson stated that three public hearings are scheduled; that individuals who have signed up to speak will have 5 minutes to address the Commission during the non quasi-judicial public hearings. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by city Auditor and Clerk Robinson. 16. NON QUABI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 99R-1172, AMENDING THE INFRASTRUCTURE SALES SURTAX TEN-YEAR EXTENSION EXPENDITURE PROJECT DETAIL LIST IN THE AMOUNT OF $2.5 MILLION TO PAY THE DEBT SERVICE ON A PROPOSED LOAN FROM THE FIRST FLORIDA GOVERNMENTAL FINANCING COMMISSION THE PROCEEDS OF WHICH WILL BE USED FOR THE RENOVATION OF THE VAN WEZEL PERFORMING ARTS HALL, ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VI-A-1) #3 (3462) through (3855) Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Resolution No. 99R-1172 amends the Infrastructure Sales Surtax Ten-Year Extension Expenditure Project Detail List in the amount of $2.5 million to pay the debt service on a proposed loan from the First Florida Governmental Financing Commission (FFGFC) over a ten-year period, the proceeds of which will be used for the renovation of the Van Wezel Performing Arts Hall (VWPAH); that the City is required to hold a public hearing on any proposal amending the Infrastructure Sales Surtax Ten-Year Extension Expenditure Project List as presented to the voters on November 4, 1997; that the City requires an additional $2 million in the VWPAH renovation construction account; that the Administration recommends using $2.5 million from the $5.742 million contingency reserve for community projects included in the Project Detail List for a loan from the FFGFC which will cover the additional VWPAH renovation construction costs and the interest. BOOK 46 Page 18148 04/05/99 3:30 P.M. BOOK 46 Page 18149 04/05/99 3:30 P.M. Commissioner Pillot asked if the proposed expenditure is consistent with the Commission's commitments for the Infrastructure Sales Surtax Ten-Year Extension Project List? Mr. Mitchell stated yes, if a public hearing is held. City Attorney Taylor stated that the City Attorney's Office provided an opinion concerning the expenditure; that the County Infrastructure Sales Surtax Ordinance acknowledges the right of individual cities to change the list of projects if a public hearing is held. Mr. Mitchell stated that the VWPAH project is not being deleted; that contingency reserve funds are being used to pay the debt service on a proposed loan from the FFGFC to cover additional renovation construction costs. Commissioner Pillot asked if the funds will be used for the renovation of the VWPAH? Mr. Mitchell stated that the City will use $2 million of the loan for renovations to the VWPAH; that $500,000 will be used for interest. Commissioner Pillot stated that an analogy can be made to borrowing money for a home mortgage; that considerably more than the face amount is required to pay off the loan due to interest charges; that the Commission's concern is keeping a commitment with the public to use a certain amount of the Local Option Sales Tax (L.O.S.T.) extension, also called the Infrastructure Sales Surtax Ten-Year Extension or the penny sales tax, for renovation of the VWPAH. Mr. Mitchell stated that $12.5 million was the amount promised for renovation of the VWPAH. Commissioner Pillot asked if the additional $2 million is consistent with the promises made to the public? Mr. Mitchell stated that the $2 million is in addition to the $12.5 million originally promised. Commissioner Pillot asked if proposed Resolution No. 99R-1172 conflicts with the promises made to the public concerning the L.O.S.T. extension? Mr. Mitchell stated that the VWPAH renovation project was among the projects listed under the Infrastructure Sales Surtax Ten- Year Extension Project List. City Attorney Taylor stated that the contingency reserve fund is part of the same list of projects for infrastructure construction; that the funds are being taken from the contingency reserve portion of the list which also included the VWPAH renovations. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1172 amending the Infrastructure Sales Surtax Ten-Year Extension Expenditure Project Detail List in the amount of $2.5 million by title only. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to adopt proposed Resolution No. 99R-1172. Mayor Dupree requested City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried unanimously (5 to 0): Merrill, yes; Pillot, yes; Cardamone, yes; Dupree, yes; Hogle, yes. 17. NON QUABI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4126, AMENDING SECTION 33-167 OF THE SARASOTA CITY CODE TO INCREASE THE FINE FOR PARKING IN SPACES PROVIDED FOR DISABLED PERSONS FROM $150 TO $250, ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM VI-A-2) #3 (3850) through #4 (0036) City Attorney Taylor stated that proposed Ordinance No. 99-4126 raises the fine for parking in spaces designated for disabled persons from $150 to $250 in response to a report submitted by the Citizens with Disabilities Advisory Board at the February 17, 1999, Regular Commission meeting. Mayor Dupree opened the public hearing. There was no one signed up to speak and Mayor Dupree closed the public hearing. city Auditor and Clerk Robinson read proposed Ordinance No. 99-4126 which raises the fine for parking in spaces designated for disabled persons from $150 to $250 by title only. On motion of Commissioner Hogle and second of Commissioner Pillot, it was moved to pass on first reading proposed Ordinance No. 99-4126. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Pillot, yes; Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, no. BOOK 46 Page 18150 04/05/99 3:30 P.M. BOOK 46 Page 18151 04/05/99 3:30 P.M. 18. QUABI-JUDICIAL PUBLIC HEARING RE: APPEAL FILED BY C. ROBERT BUFORD AND CORE DEVELOPMENT, INC. OF THE DECISION OF THE HISTORIC PRESERVATION BOARD ON MARCH 9, 1999, TO DENY AN APPLICATION FOR CERTIFICATE OF APPROPRIATENESS (APPLICATION NO. 99-COA-06) FOR A DEMOLITION PERMIT TO DEMOLISH THE HISTORICALLY DESIGNATED STRUCTURE HISTORICALLY KNOWN AS THE KARL BICKEL RESIDENCE AND COMMONLY KNOWN AS THE BICKEL HOUSE LOCATED AT 101 NORTH TAMIAMI TRAIL, ETC. - REVERSED DECISION OF THE HISTORIC PRESERVATION BOARD TO DENY AN APPLICATION FOR CERTIFICATE OF APPROPRIATENESS (APPLICATION NO. 99-COA-06) FOR A DEMOLITION PERMIT (AGENDA ITEM VI-B) #4 (0041) through #5 (0666) City Attorney Taylor stated that an appeal has been filed by C. Robert Buford and Core Development, Inc., of the decision of the Historic Preservation Board on March 9, 1999, to deny Application No. 99-COA-06 for a Certificate of Appropriateness for a demolition permit to demolish the historically designated structure known as the Karl Bickel residence and commonly known as the Bickel House, located at 1012 North Tamiami; that in accordance with Section IV-810, Zoning Code (1998), a person aggrieved by a decision of the Historic Preservation Board to grant or deny a Certificate of Appropriateness may appeal such action to the Commission within 30 days by filing a written notice of appeal with the Office of the City Auditor and Clerk; that the type of appeal is not set forth in detail; therefore, the City Attorney's Office plans to handle the appeal as a quasi- judicial matter; that although the Historic Preservation Board has made a decision, persons will be allowed to give testimony in the same quasi-judicial manner as in rezonings or other permit actions; that a presentation will be made during the public hearing; and distributed copies of an excerpt of Sections 15 through 19 from the Zoning Code (1998) which refers to the criteria for Issuance of Certificates of Appropriateness demolition permits. city Attorney Taylor stated that during quasi-judicial public hearings, the Commission is required to base a decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex-parte communications; that the recommendation is to allow the three representatives for the Appellants a total of 30 minutes for a presentation and 10 minutes for rebuttal; that the City will have 5 minutes for presentation; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to approve the city Attorney's recommendations for procedures for the quasi-judicial public hearing. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. City Attorney Taylor stated that Affected Persons are individuals especially interested in the proceedings due to close proximity to the subject property in question; that three individuals have filed requests: John White, Roger Cook and Jeremy Caplin; that all three qualify as Affected Persons based on ownership of property within 500 feet of the subject propertyi however, Mr. Cook's request was received today which does not satisfy the requirement for advance filing; that Mr. Cook may request to speak before the Commission as an interested person. City Auditor and Clerk Robinson stated that no Affected Persons have completed a Request to Speak form; that any Affected Person wishing to speak must complete a Request to Speak form. Mayor Dupree asked the time necessary for conducting the quasi-judicial public hearing? City Attorney Taylor stated that approximately one hour will be required. The Commission recessed at 7:50 p.m. and reconvened at 7:59 p.m. Mayor Dupree requested that Commissioner ex-parte communications, if any, be disclosed. Commissioner Hogle stated that a conversation was held with Attorney Brenda Patten, representing the Applicant, to receive permission to look at the subject property. Commissioner Cardamone stated that the date the appeal was filed is unknown; that the March 9, 1999, Historic Preservation Board meeting was attended; that an equal number of citizens called in support of or opposition to demolition of the Bickel House. city Attorney Taylor stated that the procedures regarding ex-parte disclosures must be followed; that the names of all individuals and the subject matter discussed must be disclosed; that omitting a name or two may be acceptable if many individuals call; however, attention should be given to identifying the individuals to whom spoken as well as the subject matter. Commissioner Pillot stated that the representatives of Cafe Kaldi have requested withdrawal of Agenda Item No. III-4 concerning a proposed lease agreement due to the length of the meeting. City Auditor and Clerk Robinson stated that the representatives of Cafe Kaldi have requested Agenda Item No. III-4 be continued to the April 19, 1999, Regular Commission meeting. BOOK 46 Page 18152 04/05/99 3:30 P.M. BOOK 46 Page 18153 04/05/99 3:30 P.M. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to approve continuance of Agenda Item No. III-4 regarding a lease agreement with Cafe Kaldi to the April 19, 1999, Regular Commission meeting. Motion carried (4 to 1): Cardamone, no; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Commissioner Cardamone stated that following the filing of the Application, a conversation was held with Wayne Hibbs, Sr., who requested the following question be asked: "What did Karl Bickel ever do that was significant in the life of Sarasotans other than live here?"; that Mr. Hibbs indicated a personal belief the Bickel House is not worth retaining; that another lady indicated a willingness to lay down her life for the Bickel House; that a record of the names of individuals with whom spoken will be kept in the future. Vice Mayor Merrill stated that a significant ex-parte conversation took place with Gordon Russell of the Sarasota Herald-Tribune. Commissioner Hogle stated that a significant ex-parte conversation took place with Gordon Russell of the Sarasota Herald-Tribune as well. Commissioner Pillot stated that the City Attorney recently advised discussions with media persons do not require disclosure; that numerous conversations took place with the attorney and the architect representing the applicant; that the conversations took place at the end of a meeting on an unrelated matter; that the attorney and the architect were asked questions relating to the Bickel House; that less than six citizens expressed opposition to preserving the Bickel House; that no one is recalled expressing a desire to preserve the Bickel House. Mayor Dupree stated that one brief conversation took place with Glenda Mock, Executive Director of the North Trail Association, regarding the Bickel House; that one conversation with a news media person occurred. Mayor Dupree opened the public hearing. Mayor Dupree requested that the three representatives of the Appellant come before the Commission. Brenda Patten, Attorney, Law Firm of Kirk-Pinkerton. Agent for C. Robert Buford and Core Development, Inc.. Lamar Matthews, Law Firm of Matthews, Hutton and Eastmoore, personal attorney for C. Robert Buford, and Marion Almy, President, Archeological Consultants, Inc., came before the Commission. Attorney Patten stated that the Historic Preservation Board recently approved the request for a Certificate of Appropriateness to move the Bickel House to any feasible location; but denied the request for a Certificate of Appropriateness to demolish the Bickel House; that the applicants are coming before the Commission to appeal the decision to deny the request to demolish; that the reason for submitting requests both to move and demolish the Bickel House are to comply with the development agreement for the Ritz Carlton project approved by the Commission; that the Bickel House lies in the path of the City's traffic concurrency plans to widen US 41 to accommodate the Ritz Carlton project; that the development agreement requires either moving or demolishing the Bickel House; that the development agreement is null and void if the issue of moving or demolishing of the Bickel House is not resolved; that the rezoning and site plan approved for the Ritz Carlton project are contingent upon the validity of the development agreement, which if voided nullifies the entire project; that lenders will not advance financing for a project with contingencies which could result in voiding the project; that lenders must be assured no contingencies remain in the development agreement which cannot be resolved; that the Commission's approval of a Certificate of Appropriateness to demolish the Bickel House is requested so the lender is assured of the Bickel House's being moved or demolished; that work is ongoing to find a new site for the Bickel House; and distributed copies of a handout entitled - Supplemental Information to Request for a Certificate of Appropriateness to move the Bickel House" presented to the Historic Preservation Board in response to a concern expressed by the Commission on the feasibility of two or three viable sites under consideration. Attorney Patten continued that problems exist at the sites being considered for relocating the Bickel House; that one concern is problems associated with moving the 30-foot loaded height of the Bickel House; that Florida Power and Light (FPL) indicates removing all overhead utility lines along the moving route to accommodate moving the 30-foot loaded height may not be possible nor would permission be granted; that the moving route at some proposed locations would require cutting the cable at intersections which provide power service to Longboat Key and to Sarasota Memorial Hospital (SMH) and thus would not be allowed; that a member of the Planning Board/Local Planning Agency (PBLP) indicated at the December 2, 1998, PBLP public hearing the cost of moving the Bickel House would be $40,000 to $50,000; that the other members asked Kevin Daves, President, Core Development, Inc., if the cost of moving the Bickel House would be paid; that Mr. Daves indicated the cost would be paid; however, recent quotes by contractors were $75,000 for a proposed site at Ringling Boulevard and Osprey Avenue for which consideration was later withdrawn; that other quotes range between $70,000 to BOOK 46 Page 18154 04/05/99 3:30 P.M. BOOK 46 Page 18155 04/05/99 3:30 P.M. $150,000 for a closer site such as a proposed site at Cocoanut Avenue and Fruitville Road; that approval is requested to reverse the decision to deny the Certificate of Appropriateness to demolish the Bickel House so the lender may be assured no contingencies will prevent proceeding with plans for the Ritz Carlton project; that a six-month leeway exists between the beginning of construction and the necessity for physically moving the Bickel House; that work will continue on receiving bids from other house movers and on other locations; and referred to a handout prepared by Marion Almy of photographs showing the Bickel House, the surrounding area, and examples of buildings designed during the 1920s in the Mediterranean Revival style, as well as responses to criteria for issuance of a Certificate of Appropriateness to demolish the Bickel House. Attorney Matthews stated that as the personal attorney for Mr. Buford, the following information is presented to provide an historical perspective and to give a proper focus on the present situation; that at the time the property was acquired, a determination had been made that the John Ringling Towers was not viable and would be demolished; that Mr. Buford was determined to save and use the Bickel House as a restaurant; that the initial site plan filed by the developer's attorney, Ms. Patten, incorporates the Bickel House in the project; that following demolition of the John Ringling Towers, Mary Forristall, President, Forristall Enterprises, Inc., a demolition company, appeared as a witness before the Historic Preservation Board and reiterated Mr. Buford's intentions; that thousands of dollars and much time were expended by Mr. Buford to minimize the impact to the Bickel House caused by the demolition of the John Ringling Towers which was in very close proximity; that the City ordered a traffic study which was conducted by the Tindale-oliver Consultants, with funding by the applicant to ensure the property meets the city's traffic concurrency requirements; that the study indicated more lanes were needed on US 41 and concluded the Bickel House stands in the path of proposed additional lanes for US 41; that, subsequently, negotiations led to a development agreement between Mr. Buford and Core Development in which the city is a contracting party; and that by contract the Bickel House must either be relocated or demolished; that saving the Bickel House requires issuance of a Certificate of Appropriateness for issuance of a demolition permit as legally the right to demolish must be established in the month of April 1999 to obtain financing in a timely manner; that the construction cycle is several months away which gives additional time to identify a site to which to relocate the Bickel House; that more people are coming forward with possible relocation sites; that granting the legal right to demolish will allow the applicant to obtain financing, which is the best method of attempting to preserve the Bickle House and is the only method to justify the large legal fees being spent on preservation efforts. Commissioner Pillot stated that citizens' comments referenced in the news media indicate continued commitment by the applicant as the original commitment was made to the John Ringling Towers Foundation to save the Bickel House; that citizens are asking the Commissioners to ensure the promise is kept; and asked if the applicant's commitment was made prior to the determination of the necessity for widening US 41 and if circumstances have changed since the time of the original commitment? Attorney Matthews stated yes; that the clear statement on the change of circumstances since the time of the original commitment is appreciated; that the applicant's commitment to restore the Bickel House on the present site is well known but cannot be met due to the Bickel House's location in the path of the City's traffic concurrency requirements to widen US 41; that the Historic Preservation Board has requested moving the Bickel House to another location on the property which is not an option due to the small size of the site. Vice Mayor Merrill stated that quotes as high as $150,000 to relocate the Bickel House were apparently received; and asked if the applicant is willing to accept an offer to relocate the Bickel House to a suitable site with no zoning or utility problems at a cost of $150,000? Attorney Matthews stated that the applicant's past record indicates a high level of financial commitment; however, a "blank check" promise cannot be made; that presently, Core Development, Inc., has indicated to the PBLP a willingness to commit to $50,000 which was the amount projected for relocating the Bickel House by a PBLP member at the December 2, 1998, PBLP public hearing; that the cost estimates since that time keep rising. Vice Mayor Merrill asked if the commitment has been made by Core Development, Inc., or Mr. Buford to relocate the Bickel House? Attorney Matthews stated that Core Development, Inc., has made the commitment to the PBLP; that historically, Mr. Buford has committed considerable funds and is likely to continue to do so. Vice Mayor Merrill asked if Mr. Buford is making a commitment to the Commission supporting the relocation upon the Commission's granting the demolition permit? Attorney Matthews stated that the commitment is being made by Core Development, Inc., through Mr. Daves and Attorney Patten. Mayor Dupree referred to the document entitled, "Supplemental Information to Request for a Certificate of Appropriateness to Demolish the Bickel House"; and asked if the certificate is requested by Mr. Buford or by Core Development, Inc.? BOOK 46 Page 18156 04/05/99 3:30 P.M. BOOK 46 Page 18157 04/05/99 3:30 P.M. Attorney Matthews stated that the certificate is issued by the City to Core Development, Inc., and Mr. Buford's agent, Attorney Patten. Mayor Dupree asked if the following statement in the document entitled "Request for a Certificate of Appropriateness to Demolish" is supported: A Certificate of Appropriateness to Demolish the Bickel House is requested at this time so that in the event C. Robert Buford determines it is unfeasible to move the Bickel House to any one of the identified sites, delays will not be encountered in obtaining a Certificate at a later date. To meet financing contingencies with lenders for the Ritz Carlton project and to allow the timely filing of applications with the Florida Department of Transportation, the Bickel House issue must be resolved in March, 1999. Attorney Matthews stated yes. Vice Mayor Merrill stated that a vote supporting the issuance of a Certificate of Appropriateness to demolish the Bickel House could result in actual demolition in the next six months; that the quote from the Certificate of Appropriateness to demolish indicates Mr. Buford will determine if the Bickel House can be saved; but is not making the commitment to save the Bickel House; and asked a response to anyone claiming Mr. Buford lied about a prior commitment? Attorney Matthews stated that Mr. Buford is involved with Core Development, Inc., as an investor and an owner of the property; that Attorney Patten prepared the document entitled "Supplemental Information to Request for a Certificate of Appropriateness to Demolish the Bickel House" and is the person to address the relationship. Attorney Patten stated that Core Development, Inc., is a client; that Mr. Buford, the property owner, is also represented as an agent for purposes of filing the applications for moving and for demolishing the Bickel House and for signing all documents for the owner in compliance with City's requirements; that as the owner, the ultimate decision concerning disposition of the Bickel House belongs to Mr. Buford; that Core Development, Inc., has agreed to pay the cost of moving; that both parties will work together. Vice Mayor Merrill asked if Core Development, Inc., is committed to moving the Bickel House if a site becomes available with no zoning or utility problems for $150,000? Attorney Patten stated that no fixed maximum amount has been indicated by Core Development, Inc.; however, the $150,000 quote appears inflated; that other movers in the area are being contacted; that a PBLP member has provided names of movers. Vice Mayor Merrill asked for clarification of the promise made by Core Development, Inc. Attorney Patten stated that Core Development, Inc., has promised to pay the cost of moving the Bickel House. Vice Mayor Merrill asked if the word "feasible" is included in the promise or does the promise stands alone? Attorney Patten stated that the promise stands alone but is made in the context of the $40,000 to $50,000 cost projected by a member of the PBLP; that Mr. Daves' statement is "I'11 pay to move the Bickel House." Vice Mayor Merrill asked if the statement is still accurate? Attorney Patten stated that Core Development, Inc., is committed to paying the cost of moving the Bickel House if a feasible location can be found. Commissioner Cardamone stated that the commitment made by Core Development, Inc., should include parameters of reasonableness; that a request to move the Bickel House to Bradenton or Myakka City would be unreasonable. Ms. Almy stated that responses to the criteria for the application for a Certificate of Appropriateness to demolish the Bickel House are as follows: 1. Describe the historic or architectural significance of the building? The property is important as evidenced by a listing on the National Register of Historic Places because of architectural significance and is associated with John Ringling, Owen Burns and Karl Bickel, notable Sarasotans. 2. In the district in which the structure has been historically designated, describe the importance of the building to the ambiance of the district. The Bickel House is not located in a historic district (referred to photographs in the agenda materials). Photograph 1 shows only two historic buildings remain in the immediate vicinity. Photograph 2 depicts the historic appearance of the house from a postcard believed to date to around 1950. Photographs 3 through 8 BOOK 46 Page 18158 04/05/99 3:30 P.M. BOOK 46 Page 18159 04/05/99 3:30 P.M. illustrate the views from the Bickel House on the north, south, east and west. The historic setting is already obliterated with the loss of the grounds, gardens, and the John Ringling Tower. Therefore, the House does not contribute to any historic district or historic ambiance of the surrounding area. 3. Describe the difficulty or impossibility of reproducing the building or structure because of it design, texture, material, detail or unique location? It may be possible to reproduce a replica of the Bickel House in another location. 4. Is the building or structure one of the last remaining examples of its kind in the neighborhood or the city? No. As Chairman of Florida's National Review Board and a member for three years, the question was often asked. For a structure to be listed on the National Register of Historic Places, it must be one of the best or only remaining examples of a kind (referred to photographs 9 through 22). The loss of any building listed on the National Register of Historic Places is not taken lightly; however, according to archeological consultants, historians and architects, the Bickel House does not represent the best or only example of Mediterranean Revival architecture as evidenced in several photographs depicting buildings associated with Architect Dwight James Baum and Developer Owen Burns. Commissioner Pillot stated that the city Attorney distributed a list of seven criteria for consideration in the issuance of a Certificate of Appropriateness to demolish; and asked if the association with Karl Bickel, President of the United Press, is a benefit for the Bickel House according to the first criterion? Ms. Almy stated yes; that although some of the architectural features are no longer present, the historical significance of the association with Karl Bickel remains. Ms. Almy continued that responses to the following criteria are: 5. The future utilization of the site. No answer is available at the present time. 6. Whether reasonable measures can be taken to save the building or structure. Measures are being taken to move the building as the structure is directly in the path of the additional lanes planned for US 41. 7. Whether the building or structure is capable of earning a reasonable economic return on its value and whether the perpetuation of the building or structure, considering its physical condition, its location and the anticipated expense of rehabilitation would be economically feasible. The respondent is not qualified to answer the question. Commissioner Hogle stated that the exterior and interior of the Bickel House were viewed; that no attempt was made to view the second floor as safety was an issue; that the walls appear no different than walls in other older buildings; that the windows have been destroyed; however, the ceiling structure appears unique; and asked if the ceiling alone could be moved? Ms. Almy stated that moving a ceiling has been done before as a form of preservation; however, an answer on the structural possibility of moving the ceiling in the Bickel House cannot be given at the present time; that Karl Bickel commented during the 1960s the structure was held together by termites. Mayor Dupree referred to the minutes of the March 9, 1999, Historic Preservation Board meeting; and stated that Ms. Almy reported being retained by Mr. Buford to preserve the Bickel House due to years of experience in preservation of historic structures; that Ms. Almy stated the the Bickel House must remain on the National Register of Historic Places to utilize the accompanying tax credits; and asked if any changes have occurred? Ms. Almy stated no; that her statements were in reference to a Certificate of Appropriateness to move, not demolish, a structure; that people often utilize tax credits for preservation of a building to make the project financially feasible; that sometimes tax credits are lost when a building is moved; however, the tax credits can be preserved when moving a structure. Vice Mayor Merrill stated that Ms. Almy also reported being hired to save the Bickel House at the March 9, 1999, Historic Preservation Board meeting; and asked if the Bickel House is worth saving? Ms. Almy stated that any statement of being hired to save the Bickel House was in error; that the task was to document the Bickel House. Vice Mayor Merrill stated that the word used was "preserve." BOOK 46 Page 18160 04/05/99 3:30 P.M. BOOK 46 Page 18161 04/05/99 3:30 P.M. Ms. Almy stated that the task is to preserve information about the structure but not preserve the physical structure as she is not an architect nor a contractor. Vice Mayor Merrill asked if the Bickel House is worth saving in her professional opinion? Ms. Almy stated yes, if someone has the money and a viable location; however, economically, preserving the Bickel House would be a very expensive undertaking unless the structure is able to retain the National Register of Historic Places status and receive tax credits. Mayor Dupree requested that City Staff come before the Commission for the City's presentation. city Attorney Taylor stated that the Commission may affirm, reverse or modify the action of the Historic Preservation Board to grant or deny a Certificate of Appropriateness upon the affirmative vote of at least three Commissioners; that the matter concerns an action of denial by the Historic Preservation Board; that the same quasi-judicial rules apply; which require the Commission base a decision on substantial, competent evidence which as the basis for review in the event of a lawsuit; that seven criteria for consideration in the issuance of a Certificate of Appropriateness to demolish have been covered; that a letter dated February 9, 1999, from C. Robert Buford to the Historic Preservation Board reporting on the criteria is part of the public record and provides responses to the additional criteria for consideration in issuing a Certificate of Appropriateness to demolish. Mayor Dupree requested that Affected Persons come before the Commission. City Auditor and Clerk Robinson stated there were no Affected Persons signed up to speak. Mayor Dupree requested that other interested persons come before the Commission. General Rolland Heiser, 4104 Las Palmas Way (34238), representing the Executive Committee of Gateway 2000, stated that the Committee recommends demolishing the Bickel House if no suitable alternative is found within a reasonable amount of time; that the Ritz Carlton Hotel is more important to the community on North Tamiami Trail than the Bickel House; that the Historic Preservation Board has approved moving the Bickel House; that several months ago the New College Foundation requested the Bickel House be moved to the USF/New College Campus; however, the idea was discarded due to the high costs and risks involved; that unexpected costs may lead any potential recipient to cancel at the last minute; that further delays could nullify the development agreement for the Ritz Carlton project; that the Executive Committee of Gateway 2000 recommends demolition of the Bickel House. Glenda Mock, 1701 North Tamiami Trail (34234) Executive Director, North Trail Association, stated that the time and efforts devoted to the City by Mayor Dupree and Vice Mayor Merrill are appreciated. Ms. Mock distributed copies of her letter addressed to the Editor of the Sarasota Herald-Tribune; and stated that the North Trail Association strongly supports demolition of the Bickel House to allow forward progression on the Ritz Carlton project; that the Ritz Carlton project should bring new life to the Sarasota/Bradenton International Airport and boost the City's economy far more than a major league football team; that the elected Commissioners should assist the developer in the permitting process so construction can begin during May 1999 in order to achieve a completion target date of September 2000. Debra Flynt-Garrett, 2424 Yorkshire Drive (34231), distributed a letter dated March 9, 1999, to Craig Holliday, Chairman, Historic Preservation Board, from John Hildreth, Director, National Trust for Historic Preservation, a/k/a the Alliance; and stated the following: Sarasota lost a significant architectural gem in the John Ringling Towers; demolishing another National Register- listed property would bring into serious question the sincerity of the City's commitment toward historic preservation. Ms. Flynt-Garrett stated that the Alliance would like to see every effort made to move and restore the Bickel House on site if feasible for use by the Ritz Carlton project; that moving the Bickel House to another location is supported if the current site is unfeasible; however, the Alliance strongly opposes demolition; that the City should take a stand to save the Bickel House as too many examples of the City's historic past have been lost. Thomas Luzier, 1130 Pomelo Avenue (34236), representing the Sarasota County Historical Commission, stated that the Sarasota County Historical Commission voted unanimously to support the city's Historic Preservation Board's decision to oppose demolition of the Bickel House; that based on local and national criteria, the Bickel House has significance as a "stand alone" historical residence; that based on personal professional experience as an attorney working with developers, the process of requesting concessions both before boards and lenders is understood; that both sides are linked; that the lenders for the BOOK 46 Page 18162 04/05/99 3:30 P.M. BOOK 46 Page 18163 04/05/99 3:30 P.M. Ritz Carlton project are requiring the demolition permit be granted; that the Commission should speak directly to and ask the lenders for evidence of the requirement; that a "cafeteria" supply of plans exists regarding the relocation of the Bickel House; that the economics of the relocation versus the overall project development costs would appear de minimus; that strict standards do not seem to exist to guide Mr. Buford on the decision to relocate or demolish the Bickel House; that many communities have proven historic preservation and economic development are not mutually exclusive terms; that the Commission should pursue all possibilities in holding the developer of the Ritz Carlton project to a strict standard as promises have been made throughout the process; that allowing the developer to renege puts everyone in a perilous position. Vice Mayor Merrill stated that a "cafeteria" supply of information exists concerning moving the Bickel House; and asked if anyone has offered a plan or identified a site with a reasonable cost for moving the Bickel House? Mr. Luzier stated that the comment concerning a "cafeteria" supply of information is based on information from the Sarasota Herald-Tribune where a variety of plans have been suggested from several substantial citizens or entities in the City known for their ability to conduct development; that [many companies can likely offer better cost estimates than the inflated estimates quoted to date]; that more research should be conducted. Kafi Benz, P.O. Box 1669, Tallevast (34270), stated that several offers have been made for moving the Bickel House; that Dr. Mark Kauffman has offered to move the Bickel House as a donation to the City; that good locations exist, e.g., a site in close proximity which is located next to the Sarasota Times Building on First Street; that the Commission should talk to consultants associated with the Historic Preservation Board rather than experts associated with the group in favor of demolishing the structure; that David Baber, Director, and Lorrie Muldowney, Resource Specialist, Sarasota County Historic Resources Department, are in the audience and available to answer questions; that the Bickel House is significant both for architectural style, a rare, U-shaped format and the fact that Karl Bickel, the owner, wrote a noteworthy history on the city and lived in the building which was owned by a major property holder and Downtown developer, Owen Burns; that Mr. Buford should live up to the promises made to the City; that another historic landmark has already been lost; that the Bickel House could also be lost even though the validity of the Traffic Concurrence Exception Area (TCEA) was the subject of a challenge; that a decision to widen US 41 would be subject to a review by the State of Florida under Section 106, National Historical Preservation Act, 16 USC 470(f), which would not allow encroachment by roadways financed by Federal funds upon a building with the historic stature of the Bickel House which lies in the path of the proposed plans to widen US 41; that the Commission should look at the number of proposals offered and especially at the possibility of leaving the Bickel House at the present site with integration into the Ritz Carlton project; that the appeal to reverse the Historic Preservation Board's denial of issuance of a Certificate of Appropriateness to demolish is not supported; that the services provided to the community by outgoing Mayor Dupree and Vice Mayor Merrill are appreciated. Paul Thorpe, 1818 Main Street (34236), Executive Director and Tom Nunan, President, the Downtown Association of Sarasota. Mr. Nunan stated that he was a member of the executive committee and the Board of Directors of the John Ringling Center Foundation; that in August 1997 the Downtown Association of Sarasota made a decision to take a stand regarding disposition of the John Ringling Towers based on the best outcome for Downtown and the City; that the Downtown Association is willing to support moving the Bickel House to another location; however, the Ritz Carlton project which will bring many benefits to the City should not be impeded due to the Bickel House. Mr. Thorpe stated that Mr. Buford's intentions and integrity have come into question; that Mr. Buford has made several overtures on behalf of the Bickel House including offering to pay for moving the Bickel House and endeavoring to meet requirements of the Historic Preservation Board to save the building; that the historic preservation community has eight months to a year to develop a solution and should endeavor to find properties, reasonable moving estimates, etc., and provide a package to Mr. Buford's agent, Attorney Patten; that in the meantime, citizens are encouraged to appreciate Mr. Buford's sincerity and desire to keep the promises made to the City; that the traffic problems on US 41 in the city have been apparent for many years; that the necessity for widening US 41 preceded the proposed Ritz Carlton project; that the Downtown Association supports the applicant's request to reverse the Historic Preservation Board's denial of issuance of a Certificate of Appropriateness to demolish. Mr. Nunan stated that the services provided to the community and to the Downtown Association over the past several years by outgoing Mayor Dupree and Vice Mayor Merrill are appreciated. Robert Steuber, 1630 Morrill Street (34236), representing the Douglas Graham, Founder of the Turner Museum, distributed copies of an open letter dated March 24, 1999, to Mr. Buford from Mr. Graham submitted to the Editor of the Sarasota Herald-Tribune, which expresses dismay over the breakdown of communications between Mr. Graham and Core Development, Inc., concerning use of the Bickel House; that the interest is in using the Bickel House BOOK 46 Page 18164 04/05/99 3:30 P.M. BOOK 46 Page 18165 04/05/99 3:30 P.M. to display a portion of an art collection as part of a plan to install a sizeable museum in the City; that several years ago economically feasible suggestions for moving the Bickel House were presented, i.e., dividing the house into four sections, removing the roof structure as one unit, etc.; that the Turner Museum would provide a good public use for the Bickel House and a partnership with the City is desired; that City Staff assistance is necessary to support the proposed museum project; that the next step is to set up a meeting. Commissioner Hogle stated that several discussions were held with Mr. Graham over the past year; and asked if a potential location exists? Mr. Steuber stated that the Commission is aware of some of the locations; that a conversation has taken place with Dr. Mark Kauffman concerning a location; that City property which cannot be discussed at the present time may be available on a $1-per- year lease basis; that another possible location is on North Tamiami Trail near 46th Street on the site of a former hotel. Commissioner Cardamone and asked the result of the conversation with Dr. Kauffman? Mr. Steuber stated that Dr. Kauffman expressed strong support of using land which could be leased by the Turner Museum; that a possible site is located near the Courthouse. Mayor Dupree requested that the Applicant come forward for rebuttal. Attorney Patten stated that a number of people suggested moving the Bickel House to another location on the existing site which is unfeasible due to the small size of the site; that the agreement with the Ritz Carlton group calls for a hotel, club facility, conference rooms, as well as parking and open spaces to comply with the City's Zoning Code (1981); that accommodating the Bickel House on site would mean eliminating other planned uses, nullifying the development agreement on the Ritz Carlton project; that attempts were made to purchase nearby properties but failed; that further negotiations may be attempted in the future; that in response to the citizen who suggested: "The Commission should speak directly to and ask the lenders for evidence of the requirement," the development agreement with Ritz Carlton is clear that the contingency demands removal or demolition of the Bickel House or the development agreement will be null and void; that lenders always request assurance of the removal of contingencies which could result in termination of an agreement; that the Commission is requested to reverse the decision and grant the Certificate of Appropriateness to demolish the Bickel House so lenders may be assured no contingencies remain which would prevent proceeding with plans for the Ritz Carlton development project; and cited her letter of February 9, 1999, as follows: If neither plan is feasible, on March 9 we will request a Certificate of Appropriateness to demolish the Bickel House. Attorney Patten continued that negotiations with several property owners were attempted prior to the various news media articles, i.e., USF/New College, Larry Hankin, and an anonymous property owner; that all three potential buyers withdrew offers due to the cost of restoration of the Bickel House; that Dr. Kauffman indicated restoration costs could reach $500,000; that the true cost of restoration could be as high as $700,000; that the Bickel House is a 4,900-square-foot building, which means restoration costs amount to $100 per square-foot; that restoring the Bickel House is not economical but is, as Dr. Kauffman says, "a labor of love for the City of Sarasota to preserve the building." Attorney Patten stated further that some time ago, an inquiry was made by Bob Johnson representing the Turner Museum; that the a written proposal was requested; however, no proposal has been received; that representatives of the Turner Museum indicated property issues were no problem as negotiations were being held with the City for use of City property; that when contacted, the City Manager strongly denied knowledge of any negotiations; that the representatives of Turner Museum and many other property owners have not returned with written proposals containing a firm location and commitment to restore the Bickel House; that negotiations with other entities are in process but far from closure; that approval of the Certificate of Appropriateness to demolish the Bickel House will allow Core Development, Inc., to satisfy the lender's concerns and funds will become available to begin construction planning; that another six to eight months will remain for further site negotiations for the Bickel House; that the speakers are welcome to advise of any organizations, entities or funding sources which would assist in the effort to relocate the Bickel House. Vice Mayor Merrill stated that the comments by Dr. Kauffman referring to the restoration of the Bickel House as "a labor of love" are appreciated; that developers have submitted proposals to restore the Bickel House; however, no economically feasible proposals have been seen to date; that clarification of the commitment made by Core Development, Inc., is important in case problems develop in the future; that the Commission has no written commitment other than the letter of February 9, 1999, to Timothy Litchet, Manager of Building, Zoning and Code Enforcement from Attorney Patten which reads as follows: BOOK 46 Page 18166 04/05/99 3:30 P.M. BOOK 46 Page 18167 04/05/99 3:30 P.M. During the public hearings on the proposed Ritz Carlton the developer agreed to pay to move the Bickel House to a more appropriate location. Neither the developer nor the owner [Mr. Buford], however, agreed to pay for a new site for the Bickel House. Vice Mayor Merrill stated that the understanding is the developer agreed to pay to move the Bickel House to a more appropriate location with the caveat in the February 9, 1999, letter of requesting a Certificate of Appropriateness to demolish the Bickel House if neither plan is feasible; and asked if the developer's commitment made at the public hearing remains in effect and is on record? Attorney Patten stated that at one point in the John Ringling Towers litigation, a commitment to save the Bickel House was made by Mr. Buford; that the plans at the time were to retain the Bickel House on site; that the commitment was not for moving the Bickel House to another site nor for restoration; that the level of commitment made was to restore the Bickel House on site as a restaurant and does not equate nor did Mr. Buford agree to the moving and restoration at another location; that the desire is for individuals in the community to present both a site and a commitment to pay for restoration; however, the restoration costs have hampered prospective purchasers in the past. City Attorney Taylor referred to the document entitled "Information for a Certificate of Appropriateness for Demolition of the Bickel House"; and asked if the document was prepared by Core Development, Inc.? Attorney Patten stated that the document was prepared by Ms. Almy and provides answers to questions concerning historical issues regarding the Bickel House. city Attorney Taylor stated that questions regarding the site utilization, economic feasibility, etc., were not answered by Ms. Almy; however, answers are provided in the letter dated February 9, 1999, from Mr. Buford to the Historic Preservation Board. Attorney Patten referred to documents provided in support of the application for a Certificate of Appropriateness to demolish the Bickel House as follows: 1) questions without numbers prepared by Ms. Almy, 2) a series of photographs of the Bickel House, the surrounding area and other buildings associated with Owen Burns and Dwight Baum and other buildings in the Mediterranean Revival Style, 3) a letter dated February 9, 1999, to Mr. Litchet from Attorney Patten explaining the petitions, 4) a letter dated February 9, 1999, to the Historic Preservation Board from Mr. Buford, and 5) responses to questions Nos. 4 through 9 of the Certificate of Appropriateness to demolish, prepared personally in consultation with the Engineer and Developer. City Attorney Taylor stated that the site may not be utilized for the Ritz Carlton project if the Bickel House is not moved. Attorney Patten stated that is correct. City Attorney Taylor referred to Question No. 6 as follows: 6. What is the proposed future utilization of the site? . . If a feasible plan to move the Bickel House to a new location has not been agreed to by March 9, 1999, the developer's only alternative is to request a Certificate of Appropriateness to demolish the Bickel House. . City Attorney Taylor stated that the development agreement provides for future utilization of the site as a Ritz Carlton project and requires either moving or demolition of the Bickel House; that developing new site plan designs, etc., is not feasible even if the site could accommodate the Bickel House; and referred to Question No. 8 as follows: 8. Is the building capable of earning a reasonable economic return on its value? City Attorney Taylor stated that the applicant's response to Question No. 8 is "no"; that $500,000, or $100 per square-foot, is the minimum quote received for restoration of the Bickel House; that no firm plans exist presently to determine the possibility for moving the Bickel House even as a labor of love rather than for economic gain; and referred to Question No. 7 as follows: 7. Are there any reasonable measures which can be taken to save the building or structure? City Attorney Taylor stated that the applicant's response to Question No. 7 is "no." Mayor Dupree requested that the city and Affected Persons come before the Commission for rebuttal. City Auditor and Clerk Robinson stated there were no city or Affected Persons rebuttal. Commissioner Cardamone stated that Kafi Benz indicated a lawsuit against the City regarding the TCEA; that no knowledge exists of a lawsuit. BOOK 46 Page 18168 04/05/99 3:30 P.M. BOOK 46 Page 18169 04/05/99 3:30 P.M. City Attorney Taylor stated no knowledge exists of a lawsuit pertaining to the TCEA; that additionally the Ritz Carlton project has no relationship to the TCEA. Commissioner Cardamone stated that the public should be cautioned to provide absolute fact when appearing before the Commission so decisions may be made on competent, substantial evidence. Mayor Dupree requested that the Commissioners provide any supplemental remarks. Commissioner Pillot asked if Commissioner supplemental remarks is the appropriate time for the Commission to respond to or analyze the testimony given at the quasi-judicial public hearing? City Attorney Taylor stated that Commissioner supplemental remarks are to allow Commissioners as residents of the community to place personal, fact-based observations on the record prior to closing the public hearing; that actual Commission discussion follows the public hearing. Mayor Dupree closed the public hearing. On motion of Vice Mayor Merrill and second of Commissioner Pillot, it was moved to reverse the decision of the Historic Preservation Board and grant the Certificate of Appropriateness to demolish the Bickel House. Vice Mayor Merrill stated that the answers given on the seven criteria for consideration of a Certificate of Appropriateness to demolish provide sufficient data to reverse the decision of the Historic Preservation Board; that no substantial data of a viable plan to save the Bickel House has been presented to date; that some animosity exists in the community over actions of the Commission supporting the demolition of the John Ringling Towers; that the demolition was not personally supported; however, the demolition was not the result of Commission action nor of actions of Mr. Buford; that the demolition was the result of the community's not coming forward to save the John Ringling Towers; that following the demolition, the Commission voted to widen US 41 where the Bickel House is located; therefore, the Bickel House cannot remain at the present site; that the Commission is not in favor of tearing down the Bickel House but is issuing the Certificate of Appropriateness to demolish relying on the promises made by Attorney Patten as the agent of Core Development, Inc., and Mr. Buford to make a serious commitment in identifying a feasible site for relocation and restoration of the Bickel House; that substantial support was lacking in the attempt to save the John Ringling Towers; that the hope is the Bickel House will receive the necessary assistance of the community, i.e., donations, land, moving costs, etc., to save the building; that the responsibility lies with the community, not the city Commission nor with Core Development, Inc., to find a suitable site and restore the Bickel House; that a personal commitment is made to proceed with the Ritz Carlton project following eight years of negotiations. Commissioner Pillot agreed; and stated that demolition of the John Ringling Towers was not supported; that subsequently, the historic environment surrounding the Bickel House no longer remains as the photographs indicate; that the community spoke eloquently and constructively in defense of saving the Bickel house including potential offers for moving and restoring the Bickel House; that the Bickel House will be saved if the offers can be substantiated in the remaining six to eight month time frame; that the motion to reverse the decision of the Historic Preservation Board and grant the Certificate of Appropriateness to demolish the Bickel house is correct as no substantial evidence of a viable plan exists to save the Bickel House. Commissioner Cardamone stated that as a long-time Sarasota resident, the loss of many old buildings has been observed; that the Lido Casino is the only major public building demolished; that the significant buildings lost, which everyone cherishes, were not public buildings but rather buildings owned by individuals on private propertyi; that the community should not expect nor demand the Commission force anyone to save an old building located on private property; that the Commission's support may be requested to save a public building, e.g., the Sarasota High School building, the responsibility for which belongs to a governing body other than the Commission; that the John Ringling Towers debate which lasted for five years concerned a building located on private property; that over the five-year time period, the Commission supported all requests by the John Ringling Foundation to save the John Ringling Towers; that the function of saving buildings on private property belongs to the community; that the preservation community which regularly criticizes the Commission for perceived lack of support to retain privately-owned properties is coming to the wrong place; that citizens must strengthen the preservation community and step forward with a site followed by a campaign to save the Bickel House; that the blame for the poor condition of many buildings in the city belongs to the community rather than the Commission; that the Sarasota Times building is an example of a privately- owned, derelict building of historical significance to which no one has applied pressure to the owner for proper maintenance; that many privately owned buildings in the city have violated major code enforcement rules for several years; that the City has allowed buildings to remain even though in violation partially in the hope someone in the community will take appropriate action; that eventually the Code Enforcement Department will have to act against the Sarasota Times building as the building is located in a redevelopment area which no longer has an historic ambiance; BOOK 46 Page 18170 04/05/99 3:30 P.M. BOOK 46 Page 18171 04/05/99 3:30 P.M. that the community should identify owners of buildings not in compliance with the City's codes and urge the owners to adhere to the rules or the City will be forced to act against the buildings; that the motion is supported; that the questions were asked to make clear the commitments made and actions taken to find a suitable location for the Bickel House; that the task is to identify a person or a community group willing assume the task of moving and restoring the Bickel House. Commissioner Hogle stated that the motion to reverse the decision of the Historic Preservation Board and grant the Certificate of Appropriateness to demolish the Bickel House is supported. Mayor Dupree stated that the motion is supported; however, the desire is to relocate, not demolish, the Bickel House; that a clear path must be provided to proceed with the Ritz Carlton project; that a suitable site for relocation must be identified in the near future; that as a long-time resident of the City, difficulties associated with retaining buildings of historic significance have been observed; that the promises heard tonight will be made part of the record of the City. City Auditor and Clerk Robinson restated the motion as to reverse the action of the Historic Preservation Board and grant a Certificate of Appropriateness to demolish the Bickel House. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. 19. CITIZENS . INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) #5 (0666) through (2014) Dawn Byrd, 2100 Laurel Street, #1946, Sarasota Mobile Home Park (SMHP) (34237), stated that mobile home owners in the SMHP have developed a proposal which the Commission is requested to consider; that the required relocation of mobile homes is applicable to mobile homes in the SMHP, which is part of Payne Park, and affects all pre-1994 residents in the SMHP, which has a street address of 2100 Laurel Street; that the proposal is to retain the southern end of the SMHP for present residents; and distributed and displayed on the overhead projector a site plan of the SMHP which indicates an occupancy of approximately 100 mobile homes. Ms. Byrd stated that eight of the existing streets proposed for occupancy are located at the southern end of the SMHP; that the entrance and exit street is South Payne Parkway at the southwest corner of the SMHP; that each of the eight streets will host one full block of mobile homes, i.e., 7 to 8 mobile homes on each side of the street; that each mobile home space will be 40 feet wide with a depth of up to 60 feet allowing for double- or single-wide mobile homes with a parking space and/or cabana or carport or screen porch; that the end of each street has a potential open space of 35 to 75 feet for emergency vehicle clearance; that all mobile home spaces will be in compliance with Section 723, Florida Statutes; that the SMHP residents' vision for the year 2000 is to preserve and protect the right of residency and ownership within the boundaries of the historical Payne Park; that some owners go back as far as 5 generations; and cited the group's motto as: To Retain the Right to Remain Ms. Byrd distributed a petition reading as follows: We, the residents of the Sarasota Mobile Home Park, hereby petition the City of Sarasota, FL for permission to remain as an inter community within the boundaries of Payne Park, City of Sarasota. Submitted by present residents prior to the July 14, 1994 city legislation. Ms. Byrd stated that 110 individuals have signed the petition representing a total of 1,400 years of residency in the SMHP. Commissioner Pillot asked if a motion to refer the request to the Administration is out of order. City Attorney Taylor stated no. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to refer the request to the Administration for study as to feasibility and for a report back. Commissioner Hogle stated that the action may only delay the inevitable; however, receiving a report from the Administration is supported. Commissioner Pillot stated that the first Commission meeting concerning closing the SMHP was held close to 10 years ago at the SMHP auditorium; that concern existed then and still does about the total loss of residents at the SMHP; that the SMHP is more than a place to live but is also a neighborhood of people who exemplify all of the good aspects of neighborliness; that the concern was the possible inevitability of losing the neighborhood; that the proposal is the first plan seen which might provide an opportunity to keep the SMHP; therefore, determining the economic and management feasibility is desirable and supported. Vice Mayor Merrill stated that closing the SMHP has never been supported; and asked if the desire is to develop a permanent mobile home park or to consolidate existing residents. Ms. Byrd stated that attrition will still occur. BOOK 46 Page 18172 04/05/99 3:30 P.M. BOOK 46 Page 18173 04/05/99 3:30 P.M. Vice Mayor Merrill stated that the proposal is still an attrition plan. Ms. Byrd stated that is correct; that existing residents would be moved into a little community. Commissioner Cardamone asked if only pre-1994 residents would be considered? Ms. Byrd stated yes; that residents who moved in after 1994 must move out by September 1999; that many people are moving out. Commissioner Cardamone stated that the existence of more than 100 pre-1994 mobile homes was not previously understood. Ms. Byrd stated that less than 100 mobile homes should be left by September 1999; that only pre-1994 owners signed the petition. Commissioner Cardamone asked if the petition represents residents who may reside two or three in a unit or 100 units? Ms. Byrd stated that residents not units are represented; that only 60 to 70 units may be left by September 1999. Commissioner Cardamone stated that the motion for the Administration to review the proposal is supported. Ms. Byrd stated that another individual has signed up to speak and may provide further clarification. Vice Mayor Merrill stated that for an historical perspective, a majority of the Commission has never voted to close the SMHP; that his position has always been reduction at the SMHP should occur through attrition; that the Great Smokey Mountain National Park was created from Caves Cove where the residents were not evicted but were allowed to remain until making a' voluntary decision to leave; that attrition at the SMHP has been supported as a fair method; that in 40 years people may still be living at the SMHP which is interesting and also results in an historical issue; that consolidating pre 1994-residents into one area of the SMHP as a community is supported; that attrition can occur over 30 or 40 years or whatever is required. Mayor Dupree restated and called for a vote on the motion to refer the proposal to the Administration for a report back. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Commissioner Pillot stated that pre-1994 residents were grandfathered in during the July 5, 1994, Regular Commission meeting; that then-current residents in the SMHP enjoy the same rights as residents who have lived in the SMHP since the 1960s or 1970s; that the records will indicate exactly which residents are assured of the right to remain; that the date of July 16, 1994, was established which many people present in the audience may remember; that a motion personally made and unanimously passed provided the SMHP residents as of July 16, 1994, assurance of the same right to remain as longer term residents; that anyone moving into the SMHP after July 16, 1999, was required to sign a statement of understanding that the right to remain in the SMHP after September 1999 would no longer apply; that the people the Commission voted to support should not be forgotten. Vice Mayor Merrill asked for clarification. Commissioner Pillot stated that the concern is the persons living in the SMHP as of the specific date in 1994 should not lose the right to remain in the SMHP; that the record will clarify to whom the right applies. Sally Cole, 2100 Laurel Street, SMHP #1606 (34237) owner of a mobile home in the SMHP, stated that SMHP mobile home owners first received notice in November 1994 of the City's intention to close a portion of the SMHP; that the owners are agreeable to either remaining at their current location or moving to the southern end of the park which includes 13th to 20th Streets; and referred to a site plan displayed on the overhead projector indicating the location of mobile homes currently existing in the SMHP. Ms. Cole stated that owners of record prior to July 16, 1994, decided the proposed rearrangement of mobile homes necessitated by partial closure is satisfactory; that owners qualified to remain are mobile home owners as of July 16, 1994; and cited a notice entitled "notice of Eviction Due to Change in use of Land" dated November 7, 1994, from Gary Hudson, SMHP Manager, as follows: since you were an owner of a mobile home within the Sarasota Mobile Home Park on July 16, 1994, you may, within the discretion of the City Commission, remain after the effective date of the change in land use under such terms and conditions as may be established by the then-seated City Commission. Ms. Cole referred to the site plan displayed on the overhead projector; and stated that that the owners propose to retain the southern end of the SMHP for present residents; that the site can facilitate 50 to 70 mobile homes after the September 30, 1999, deadline; that the majority of the homeowners are situated at the south end and are mostly widowed senior citizens, single mothers, couples, Hispanic families with children, and older war veterans; BOOK 46 Page 18174 04/05/99 3:30 P.M. BOOK 46 Page 18175 04/05/99 3:30 P.M. that the persons represented appreciate the Commission's consideration. Jim Whitmer, 24 West Vaughn Street (34237), stated that as a winter resident living close to the A.B. Smith Park for 11 years, concerns exist on conditions in the park; that walking and riding bicycles around the park have been enjoyed in the past; however, conditions have worsened in the park due to the number of homeless people; that efforts have been consistently made to clear out underbrush in an attempt to discourage and eliminate sleeping areas for the many people who choose to reside in the park, particularly in the area near the First Presbyterian Church on Oak Street; that arrangements were made to mow the grass in one area to discourage the homeless from residing in the park; that tree branches, vines, bamboo sticks were stacked near a garbage pick up station in December 1998; that no one picked up the brush; therefore, calls were made to the City and County neither of which were aware of the problem; that both claimed no knowledge of the correct entity responsible to pick up the trash; that most of the trash was picked up on March 24, 1999, by a City driver; that other items retrieved were whiskey bottles, beer cans, food containers, clothes, broken glass, and underwear which filled three small plastic recycling bins; that as many as 21 grocery carts were removed one weekend, some of which were pulled out of a pond and some out of the creek; that three homeless people have been rousted from sleep and asked to leave the park; that one person threw a lighted cigarette in the brush which could have started a fire due to the dry conditions; that sanitary napkins and used toilet paper were picked up near the First Presbyterian Church alley driveway today. Sylvia Whitmer, 24 West Vaughn Street (34237), submitted for Commission viewing photographs of the many items picked up in a short period of time; and stated that the pictures were taken of the area within the A.B. Smith Park as the creeks and ditches are full of trash, old tires, cement blocks, pieces of lumber, card board, cement blocks, clothes, shoes, beer cans, palm fronds, tree branches, tree limbs and picnic tables; that the water in the creek cannot move due to all the trash; that slime rims the edge of the creek; that a large pond in the park is half covered with thick algae; that a fountain in the middle of the pond helps but is not always working and has no effect on the surrounding unsightly weeds; that the photographs also indicate people sleeping on picnic tables near the children's play equipment; that some secluded sleeping areas including cardboard rugs and bathroom areas with toilet paper have been created; that the pictures were brought to the March 15, 1999, Regular Commission meeting; that following the meeting V. Peter Schneider, Deputy City Manager, expressed concern regarding the conditions at A.B. Smith Park and said the matter would be reviewed; that Mr. Schneider called the next day advising of a personal visit to the park and advising the problem would be corrected soon; that the March 18, 1999, Parks, Recreation and Environmental Protection Advisory Board meeting was attended; that following the meeting Robert Conn, Parks Manager of the Parks and Recreation Department of Sarasota County, provided a business card and indicated the situation would be investigated; that on March 30, 1999, John Brown, Administrative Programmer, Parks and Recreation Department of Sarasota County, called to follow up on the complaint and stated that the park is City-owned but maintained by the County; that due to an administrative mix up, no one had been assigned to the A.B. Smith Park; that some trash was picked up subsequently by a City truck; that the trash was picked up by a City employee who advised a note had been placed in his box; however, the rest of the trash could not be picked up as the truck was full. Mrs. Whitmer continued that much yelling, swearing, and loud music takes place during the day; that one day, five people were listening to a radio, repairing bicycles, drinking beer and talking in very loud voices; that when approached, the group informed her no signs were posted which prohibit eating food or drinking alcohol at the picnics tables; that other actions observed are people washing armpits and socks at the back of the SMHP auditorium and frequent urination at the trees along the SMPH's edge; that Gary Hudson, SMHP Manager, said the faucet would be turned off; that a message was left for representatives of the Health Department; however, no one has called back; that the situation is becoming worse with people openly urinating in the creek which have not been photographed to date. Mrs. Whitmer continued that many groups visit the park from daycare centers or nursery schools; that the unsightly park people and general unsanitary and unsightly area cause most people to leave immediately; that many people are working on the problem which is pleasing; that the situation will be watched closely; that on a bicycle ride through the park on April 2, 1999, the homeless people who reside in the park advised someone pulled a table out of the creek the previous day which was used as a ramp to get to the SMHP and the grocery store; that the table will likely be returned to the creek unless imbedded in cement; that approximately 30-acres of Payne Park is currently used for the SMHP according to the local news media; that a concern exists more park people, trash, sleeping areas, noise and substance abuse will also come; that the Payne Park plans should be considered carefully with a view to the cost of additional controlled maintenance, police, health and department surveillance; that unfortunately, she and her husband will not be in the City for the advertised meetings about the plans for the new Payne Park; that a long list of questions and concerns have been prepared; that plans to return to Indiana were delayed to attend this meeting due to the seriousness of the mâtter; that the name of a person on the City Staff to whom concerns may be BOOK 46 Page 18176 04/05/99 3:30 P.M. BOOK 46 Page 18177 04/05/99 3:30 P.M. addressed is requested as she and her husband will be out of the City for several months; that the Commission's attention is appreciated; and requested return of the photographs as an A.B. Smith scrapbook is being assembled. Mayor Dupree stated that the comments are appreciated. Commissioner Pillot stated that the Commission congratulates Mr. and Mrs. Whitmer on being wonderful examples of citizenship; that the time and effort given to pick up trash and photograph the area is appreciated; that most people would not be willing to expend the same amount of energy and the hope is the Whitmers will become full-time residents of the City. Commissioner Cardamone stated that the Whitmer's efforts are appreciated; that the conditions are appalling, especially in a park where a daycare center operates nearby at the First Presbyterian Church. Mrs. Whitmer stated that the daycare center employees park vehicles and people walk and ride bicycles in an area where toilet paper is strewn close to the driveway of the church. Commissioner Cardamone stated that the lack of complaints from the church is amazing as the situation has a direct impact; that the church should be made aware so the members can actively pursue correction; that the Commission approved an agreement for parking at A.B. Smith Park with the church and City involvement which should help the areas of the retention pond and the creek; that the City is working in partnership with the church on improving the parking in the area. Mrs. Whitmer stated that work was done in partnership with the church until two years ago; that each December bushes were chopped to deter the people from sleeping in the park with the assistance of a regular maintenance person from the church; that the maintenance person subsequently left for another job at a new mobile home park; therefore, the maintenance work stopped. Commissioner Pillot asked if a contact address in Indiana can be left with the City? Mrs. Whitmer stated yes; that the assistance of the many City Staff contacted is appreciated; the hope is for continued vigilance; that videos were also taken of the park would can be provided if desired. Jencie Davis, 1420 5th Street (34236), stated that the sidewalk on 5th Street acquired after 50 years of personal efforts is blocked by parked cars; therefore, pedestrians must walk on the street; and asked for the Commission's assistance to make the sidewalk available for pedestrians. Mayor Dupree asked for clarification of the location of the sidewalk? Ms. Davis stated that the sidewalk is from the 1400 block of 5th Street to Central Avenue; that that many people walk on the sidewalk which is along a route to the Laundromat; that pedestrians should not have to walk on the street. 20. NEW BUSINESS: REPORT RE: MPO AND LEGISLATIVE TRIP TO TALLAHASSEE AND REPORT OF THE METROPOLITAN PLANNING ORGANIZATION (MPO) MEETING OF MARCH 22, 1999 (AGENDA ITEM IX-1) #5 (2010) through (2360) Commissioner Cardamone stated that the legislative lobbying trip with Commissioner Hogle and representatives of the Manasota League of Cities on March 17 and 18, 1999, to Tallahassee, Florida, was successful; that the experience was interesting and educational; that the city Auditor and Clerk and Staff are congratulated for the success of the arrangements; that an update was received from the Florida League of Cities (FLC) on pertinent pending legislation; that meetings were held with Lisa Carlton, State Senator for the 24th Senatorial District, and Shirley Brown, State Representative for the 69th House District, who always takes the City's interest to heart; that a good lobbying experience occurred during a dinner meeting with Representative Brown, Nancy Detert, State Representative for the 70th House District and Katherine Harris, Secretary of State; that meetings were held with Mark Flanagan, State Representative for the 68th House District, James Hargrett, State Senator for the 21st Senatorial District, who represents the northern portion of Manatee County, serves on the State Transportation Committee, chairs the Budget Subcommittee on Transportation and Economic Development and has proposed major legislation concerning traffic calming; that a lengthy meeting occurred with John McKay, State Senator for the 26th Senatorial District; that all the representatives were receptive; that the State legislative session was attended earlier this year than usual, which was beneficial; that the city's list of priorities was well received; that the City's issues were supported; that in the past, representatives have not supported some issues; that Representative Detert is the first individual personally lobbied who was first elected to a local governing body prior to serving on the State legislature and, therefore, has the perspective of of a locally elected official to issues mandated by the State to local governmentsi; that Representative Detert was very receptive to concerns regarding the effect of State legislative action on local governments and school boards. BOOK 46 Page 18178 04/05/99 3:30 P.M. BOOK 46 Page 18179 04/05/99 3:30 P.M. Commissioner Cardamone continued that Secretary of State Harris arranged a meeting for Commissioner Hogle with Frederick Gaske, Historic Preservationist Supervisor for the Division of Historical Resources of the Florida Department of State, to discuss historic preservation and the Sarasota High School building. Commissioner Hogle stated that copies of his letter dated March 25, 1999, to the City Manager including pamphlets entitled "A Guide to Historic Preservation Services Offered by the Division of Historical Resources" and "A Guide to State Funding for Historic Preservation" have been previously distributed to the Commission; that Staff of the Division of Historic Resources was involved in raising money for a high school building which is located in Okeechobee, Florida, and which is similar to the Sarasota High School building; that Staff of the Division of Historic Resources was very supportive and interested in providing assistance in identifying and applying for funding; that the Division of Historic Resources is currently providing funds to replace and repair the roofs at Southside and Bayshore Elementary Schools; that Secretary of State Harris expressed support and is in a position to provide assistance. Commissioner Cardamone stated that the March 22, 1999, meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) was attended as the City's representative; that David Twiddy, District Secretary for the Florida Department of Transportation (FDOT), spoke concerning the Statewide initiative called the Stop Running Red Lights program; that 11,000 people were arrested Statewide during the week's period from January 10 to 16, 1999, with the intent of increasing public awareness; that FDOT is concerned about the public's disregard for traffic signals; that an MPO Board member suggested better synchronization of traffic signals may increase the public's respect for traffic signals; that FDOT was requested to provide a report concerning the computerization of the area's traffic signals, with emphasis on US 41 in Sarasota City and County; that the MPO voted unanimously to send a letter to local legislators supporting the city's request for FDOT to approve traffic calming programs; that the Town of Longboat Key initially did not support the measure due to speed humps on St. Armands Circle; however, speed humps are not installed on the State roads of St. Armands Circle; that the concern of the Town of Longboat Key was determined as the speed humps on North Washington Boulevard; therefore, the Town of Longboat Key supported the city's position so the vote was unanimous; that the MPO representative from the Town of Longboat Key expressed concern about the traffic congestion on US 301 and Fruitville Road; that the FDOT's comment was the intersection may be an area without a solution and may so remain; that some areas may have continual traffic problems which cannot be fixed; that the necessity may be to live with a couple of traffic intersections which have traffic congestion. 21. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 99R-1157, A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SARASOTA AND THE BOARD OF COUNTY COMMISBIONERS OF SARASOTA COUNTY, FLORIDA, ESTABLISHING RESPONBIBILITIEE FOR THE MAINTENANCE OF COUNTY ROADS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF SARASOTA, FLORIDA, ETC. (TITLE ONLY) = ADOPTED (AGENDA ITEM IX-2) #5 (2360) through (2665) City Manager Sollenberger stated that proposed Resolution No. 99R-1157 concerning road maintenance is being presented jointly to the City Commission and the Sarasota Board of County Commissioners. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the proposed Resolution was prepared jointly by City and County Staff and is intended to establish responsibility for maintenance of roads located in the City; that maintenance for some roads is the County's responsibility as a result of the settlement of the dual taxation lawsuit; however, responsibility for certain items such as traffic signal maintenance, maintenance of roadway functions, annexed lands, street lights, and specific streets was never clearly established; and referred to sections of proposed Resolution No. 99R-1157 which establishes responsibilities as follows: Section 1 = Roadway Maintenance Defines the specific street segments for which the County will have maintenance responsibility Section 2 - Permits Provides the City shall issue applicable permits after notification and a reasonable comment period provided the County Section 3 - Traffic Signal Maintenance Specifies the traffic signals for which the city and the County shall have maintenance responsibility Section 4 = Annexations Provides the City shall assume responsibility for roads on any property annexed into the city Mr. Daughters stated that the Sarasota Board of County Commissioners will consider the proposed Resolution at the April 6, 1999, Regular County Commission meeting; that the Administration recommends adopting proposed Resolution No. 99R-1157. BOOK 46 Page 18180 04/05/99 3:30 P.M. BOOK 46 Page 18181 04/05/99 3:30 P.M. City Auditor and Clerk Robinson read proposed Resolution No. 99R- 1157 by title only. On motion of Commissioner Pillot and second of Commissioner Cardamone, it was moved to adopt proposed Resolution 99R-1157. Commissioner Cardamone asked the status of the commitment to US 41 from the County line and University Parkway in front of the Sarasota/Bradenton International Airport. City Manager Sollenberger stated that the maintenance issue between the City and the County concerning US 41 and University Parkway was resolved some time ago; that the status of discussions with the Sarasota-Manatee Airport Authority is unknown. Commissioner Cardamone stated that the city is beautiful; however, the gateway from Manatee County to Sarasota County is terrible; that the northern gateway to the City has been discussed for 4 to 5 years; that creating a gateway which says welcome to the beautiful City of Sarasota is imperative. William Hallisey, Director of Public Works, came before the Commission and stated that the Sarasota-Manatee Airport Authority was contacted todayi that planned construction at the Sarasota/Bradenton International Airport will begin in late May or early June 1999; that the City will take over maintenance once the medians are constructed and reconfigured, providing consistency of landscape maintenance on North Tamiami Trail. Mayor Dupree asked if the Chairman of the Sarasota Board of County Commissioners will sign the proposed Resolution on behalf of the County? Mr. Daughters stated yes. Mayor Dupree requested that city Auditor and Clerk Robinson proceed with the roll-call vote on the motion to adopt proposed Resolution No. 99R-1157. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. 22. BOARD APPOINTMENTS: CONFIRMATION RE: MAYOR'S NOMINATIONS FOR THE TENANT SEAT ON THE HOUSING AUTHORITY BOARD OF THE CITY OF SARASOTA - APPOINTED VALERIE BUCHAND (AGENDA ITEM X-1) #5 (2665) through (2730) Mayor Dupree appointed Valerie Buchand to replace Thomas Walker who resigned from the tenant seat on the Sarasota Housing Authority (SHA) Board. On motion of Commissioner Cardamone and second of Commissioner Hogle, it was moved to confirm the Mayor's appointment. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 23. BOARD APPOINTMENTS: APPOINTMENT RE: POLICE OFFICERS' PENSION FUND BOARD OF TRUSTEES - REAPPOINTED BILLY ROBINSON AND KENNETH HENDERSON (AGENDA ITEM X-2) #5 (2730) through (2803) City Auditor and Clerk Robinson stated that the terms of Billy Robinson and Kenneth Henderson on the two seats designated for City residents and appointed by the City Commission on the Police Officers' Pension Fund Board of Trustees have expired. Mayor Dupree stated asked if Billy Robinson and Kenneth Henderson are interested in reappointment. Commissioner Hogle stated that both have expressed an interest in reappointment; that he served on the Police Officers' Pension Fund Board of Trustees with Billy Robinson and Kenneth Henderson, both. of whose reappointment is recommended. On motion of Commissioner Hogle and second of Commissioner Pillot, it was moved to reappoint Billy Robinson and Kenneth Henderson. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 24. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #5 (2803) through (3850) COMMISSIONER HOGLE: A. stated that the University of South Florida/New College (USF/New College) plans to reengineer the parking lot on the west side of General Spaatz Boulevard and US 41 which should be very nice; that USF/New College is also working with the Public Works Department to improve Bay Shore Road between the Asolo and the USF/New College main campus. Commissioner Cardamone stated that sidewalks are necessary in the area. COMMISSIONER PILLOT: A. referred to the section of the Commission Information Memorandum dated March 30, 1999, from the City Manager concerning Memory Path as follows: BOOK 46 Page 18182 04/05/99 3:30 P.M. BOOK 46 Page 18183 04/05/99 3:30 P.M. The City Attorney's Office has done considerable research into the Visual Artist's Rights Act of 1990 which may pertain to how this matter [Memory Lane] may be handled lawfully. Commissioner Pillot stated that the hope is the City's elected officials will not be handcuffed by some circumstances which takes away the City's right to decide the use of the City's property. B. asked the date and time of upcoming Commission meetings. city Auditor and Clerk Robinson stated that the upcoming meetings are as follows: April 12, 1999 2:00 to 4:30 p.m. Commission Workshop 5:00 p.m. Reception for outgoing Commissioners and Commissioners-elect 7:00 p.m. Groundbreaking for the renovation of the Van Wezel Performing Arts Hall (VWPAH) Vice Mayor Merrill asked the subject of the Commission workshop. City Auditor and Clerk Robinson stated that the workshop is an informal meeting similar to those conducted in the past; that the workshop will be held in the Christy Payne House at Selby Gardens. City Manager Sollenberger stated that the workshop will involve existing Commissioners and Commissioners-elect, providing an opportunity for informal interaction. COMMISSIONER CARDAMONE: A. referred to the April-May 1999 issue of the Friends Newsletter, published by the Friends of the Selby Public Library, Inc., which. indicated 88,000 people used the services of the Selby Public Library in January 1999, representing a 137 percent increase in traffic over January 1998 and provided the following comparisons: Increase over February 1999 February 1998 Visitors 84,085 154 percent Items checked out 70,000 40 percent New library cards 966 75 percent Commissioner Cardamone stated that the increase in membership and usage is good news for Downtown. B. stated that the Hispanic American Alliance for Family and Progress made certain commitments concerning the houses built in the Park East neighborhood; that no cars are being parked in the driveways; however, cars are being parked along the side of the driveway which is not good; that Commission support for investigating violations of the agreement between the city and the Hispanic American Alliance concerning the houses built in the Park East neighborhood is sought. Mayor Dupree stated that an investigation is supported. C. referred to a letter from Robert McLaughlin to the Commission dated March 18, 1999, concerning the noise created by jet skis on the southwest side of the John Ringling Causeway; and stated that a copy had been faxed to the City Attorney; that the noise created by jet skis has been discussed for a long period but not yet addressed. VICE MAYOR MERRILL: A. stated that serving on the Commission has been enjoyable; that working with the Charter Officials and Department Heads has been a pleasure including: John Lewis, Chief of Police, Sarasota Police Department Dennis Daughters, Director of Engineering/City Engineer Gregory Horwedel, Director of Neighborhoods and Redevelopment William Hallisey, Director of Public Works, V. Peter Schneider, Deputy City Manager David Sollenberger, city Manager Billy Robinson, City Auditor and Clerk Richard Taylor, City Attorney B. stated that serving with the other Commissioners has been an honor; that Mayor Dupree has been dignified as Mayor during the past year; that good wishes are extended to Commissioners-elect Mary Quillin and Carolyn Mason. MAYOR DUPREE: A. stated that appreciation is extended to the other Commissioners and Staff for the support; that the assistance of Deputy City Auditor and Clerk McGowan is appreciated; that the service of Acting Manager of the Records Center and Audio/Visual Programming Lynette Garrett-Ferreira who operates the video and sound equipment and the police officers who provide security are appreciated. BOOK 46 Page 18184 04/05/99 3:30 P.M. BOOK 46 Page 18185 04/05/99 3:30 P.M. B. stated that appreciation is expressed to the members of the public who attend Commission meetings, particularly Jencie Davis and Betsy Kelley who attend most of the Regular Commission meetings. C. stated that several children have been lost in the past year due to fatal vehicle accidents, including a recent child fatality resulting from a vehicle accident. John Lewis, Chief of Police, Sarasota Police Department, came before the Commission and stated that the investigation of the vehicle accident resulted in issuing the driver a speeding traffic citation of 7 to 11 miles per hour (mph) over the speed limit; that the investigation concluded the driver could not have stopped in time even if driving the posted speed limit due to the quickness with which the child darted in front of the vehicle. Mayor Dupree stated that the Commission should develop a plan to reduce and eliminate speeding which may be dangerous to children; that action required of parents and of vehicle operators should be considered; that actions parents require of children should be considered; that training so all involved will be more thoughtful and careful about playing on the streets may be necessaryi; that the city does not have an ordinance governing children playing in the streets. Commissioner Cardamone stated that is correct; and asked if an ordinance is necessary? Mayor Dupree stated that an ordinance may be required as many vehicle operators do not consider the possibility of children playing in the street; that children play and ride bicycles and skateboards in the street; that a requirement concerning children playing in the street should be developed; that once developed, another provision must be considered for a location for children to playi that the city must be vigilant for children's safety; that a problem must exist as several children have been killed in the past six months. City Manager Sollenberger stated that the scene of the recent fatality was visited; that the uniform marking and identification of areas where children play should be enhanced; that the City did a good job in identifying the park on Waldemere Street with speed humps, flashing signals and signage indicating the area is used for park purposes; that the education of the public is another important area for consideration; that an inter-disciplinary team of City Staff should be established to develop an effective approach; that the recent tragedy cannot be reversed; however, the opportunity for reoccurrence can be reduced. Mayor Dupree stated that the Administration's efforts are appreciated; that neighborhoods on Siesta Key have signs indicating: "Drive slowly, children are in the area"; that McClennan Park has similar signs. Commissioner Cardamone stated that the City is not friendly to pedestrians; that a child on a bicycle is as important as a pedestrian; that a pedestrian safety program which has been discussed for Osprey Avenue should be instituted throughout the city. D. stated that all the street lights are out on Dixie Avenue in the vicinity of Osprey Avenue and 24th Street. 25. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #5 (3850) through (3901) CITY ATTORNEY TAYLOR: A. stated that Mayor Dupree has been a good man with whom to work; that Vice Mayor Merrill has been a good boss; that best wishes are extended to both. CITY AUDITOR AND CLERK ROBINSON: B. stated that working with Mayor Dupree and Vice Mayor Merrill has been a pleasure. CITY MANAGER SOLLENBERGER: A. stated that Mayor Dupree and Vice Mayor Merrill have brought contributions of different dimensions which have helped the City improve; that each have brought a special wisdom and expertise from which all have benefited; that on behalf of the Staff, appreciation is extended for the leadership and example of Mayor Dupree and Vice Mayor Merrill. V. PETER SCHNEIDER: A. stated that working with Mayor Dupree and Vice Mayor Merrill has been a pleasure. Mayor Dupree stated that the positive expressions are mutual; that working with the other Commissioners and the City Staff has been a pleasure; that Commissioners-elect Carolyn Mason and Mary Quillin will do an effective job; that Vice Mayor Merrill will likely be in attendance but on the other side of the table. BOOK 46 Page 18186 04/05/99 3:30 P.M. BOOK 46 Page 18187 04/05/99 3:30 P.M. 26. ADJOURN (AGENDA ITEM XII) #5 (3109) There being no further business, Mayor Dupree adjourned the regular meeting of April 5, 1999, at 11:00 p.m. OTA hel DEROME DUPREE MAYOR ATTEST: E Robeson BILLY: E ROBINSON, CITY AUDITOR AND CLERK 9 07