MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 18, 2000, AT 6:00 P.M. PRESENT: : Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. ADOPTION RE: MEMORIAL RESOLUTION NO. 01R-1333, RECOGNIZING THE PASSING OF NEIL HUMPHREY, SR., COMMUNITY ACTIVIST AND LONG-TIME NEWTOWN COMMUNITY BUSINESSMAN - RESCHEDULED TO THE JANUARY 2, 2001, REGULAR COMMISSION MEETING #1 (0025) through (0030) Mayor Pillot stated that the family of Neil Humphrey, Sr., was unexpectedly delayed; that Memorial Resolution No. 01R-1333 will be presented at the January 2, 2001, Regular Commission meeting. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. 01R-1334, RECOGNIZING THE PASSING OF DONNA WOLF STEIGERWALDT, BUSINESSWOMAN AND PHILANTHROPIST WHO GENEROUSLY DONATED TIME AND MONEY TO A NUMBER OF SARASOTA FOUNDATIONS AND CIVIC ENDEAVORS ADOPTED #1 (0030) through (0165) Mayor Pillot stated that Memorial Resolution No. 01R-1334, recognizes the December 8, 2000, passing of Donna Wolf Steigerwaldt, a benefactor of Sarasota; that Commissioner Cardamone, who served as Mayor at the time of the dedication of the Steigerwaldt -Jockey Fountain, also called the children's fountain, at Bayfront Park, will present Memorial Resolution No. 01R-1334. Commissioner Cardamone stated that the generosity of Ms. Wolf Steigerwaldt towards the community is appreciated; and read Memorial Resolution No. 01R-1334 in its entirety. BOOK 48 Page 20380 12/18/00 6:00 P.M. BOOK 48 Page 20381 12/18/00 6:00 P.M. On the motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Memorial Resolution No. 01R-1334. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. 3. PRESENTATION RE: MAYOR'S CITATION PRESENTED TO SELBY PUBLIC LIBRARY, FOR THE SARASOTA COUNTY LIBRARY SYSTEM BEING RANKED AS ONE OF THE TOP TEN PUBLIC LIBRARIES AMONG LIBRARIES SERVING SIMILARLY SIZED POPULATIONS BY THE HENNEN'S AMERICAN PUBLIC LIBRARY RATING INDEX #1 (0165) through (0335) Mayor Pillot stated that the Sarasota County Library System has been ranked as one of the top ten public libraries among libraries serving similarly sized populations by the Hennen's American Public Library Rating (HAPLR) Index, which compares libraries in 15 weighted criteria; and requested that Commissioner Cardamone join him at the Commission table to make the presentation. Commissioner Cardamone requested that Liz Nolan, Head Librarian, Sarasota County Library System, join her before the Commission and stated that the Selby Public Library is appreciated, is well used by the City's residents, and has spurred development in the City. Commissioner Cardamone read in its entirety the Mayor's Citation honoring the Selby Public Library and the Sarasota County Library System for being selected as one of the top ten public libraries by the HAPLR Index and for the outstanding service provided to the community, presented the Mayor's Citation to Ms. Nolan, and stated that approximately 71 percent of the City's residents are members of the Sarasota County Library System; that the efforts of the Sarasota County Library System and the Selby Public Library to serve the public are appreciated. Ms. Nolan stated that receiving the Mayor's Citation is an honor; that the City's efforts to welcome Selby Public Library employees and patrons are appreciated; that circulation at the Selby Public Library continues to increase significantly; that library card registration has increased 100 percent since the opening of the new Selby Public Library; that the Selby Public Library issued 1,500 library cards during October 2000 and received 106,000 visitors during March 2000. 4. PRESENTATION RE: SARASOTA BAY NATIONAL ESTUARY PROGRAM UPDATE AND STATE OF THE BAY REPORT #1 (0335) through (0590) Mayor Pillot stated that Commissioner Cardamone is the Commission's representative on the Policy Committee of the Sarasota Bay National Estuary Program (SBNEP) and will make the presentation. Commissioner Cardamone referred to a document entitled "Sarasota Bay 2000: A Decade of Progress" listing the accomplishments of SBNEP in recent years and stated that SBNEP is supported by the Federal Government and a significant number of Statewide sponsors; that Manatee and Sarasota Counties and the City support SBNEP locally; and presented a plaque to Mayor Pillot for the City indicating the accomplishments and supporters of SBNEP. Mayor Pillot stated that approximately 45 members of the local community provide financial support to SBNEP. Commissioner Cardamone requested that the Executive Director, SBNEP, come forward to address the Commission concerning the accomplishments of SBNEP. Mark Alderson, Executive Director, SBNEP, came before the Commission, displayed on the overhead projector a graph depicting the status of continuous and patchy seagrass beds in Sarasota Bay in 1999 and 2000 and stated that SBNEP produced the Comprehensive Conservation and Management Plan for Sarasota Bay in 1995, which included six action plans for community implementation; that "Sarasota Bay 2000: A Decade of Progress" provides an update regarding the implementation of the Comprehensive Conservation and Management Plan for Sarasota Bayi that nitrogen pollution was reduced by approximately 47 percent since 1995; that seagrass, wetland and reef habitats increased by approximately 2,000 acres in Sarasota Bayi that 40 research projects were completed. in recent years to improve understanding of the ecological system of Sarasota Bay; that a Citizens' Action Plan was recently established and implemented to generate awareness of the problems of and necessity to conserve Sàrasota Bayi that the environmental quality of Sarasota Bay improved significantly in recent years. BOOK 48 Page 20382 12/18/00 6:00 P.M. BOOK 48 Page 20383 12/18/00 6:00 P.M. Mr. Alderson continued that SBNEP was criticized recently concerning projected figures of the growth of seagrass beds; that the total acreage of seagrass beds for 2000 is approximately 10,000 acres, which is a slight decline from 1999; however, total acreage includes patchy and continuous seagrass beds; that patchy seagrass beds do not provide substantial habitat for the aquatic wildlife of Sarasota Bay and declined significantly since 1999; that continuous seagrass beds provide substantial habitat and increased by approximately 60 percent; that the significant increase in continuous seagrass beds is attributed to the SBNEP Nutrient Management Program; that the increase in continuous seagrass beds occurs in all areas of Sarasota Bay. Commissioner Cardamone stated that the efforts of SBNEP to improve Sarasota Bay are appreciated; that the United States Department of Environmental Protection continues to rank SBNEP as the best bay program in the United States; and asked the number of bay programs currently in existence in the United States? Mr. Alderson stated that 28 bay orograms are in existence in the United States. Commissioner Cardamone stated that being ranked as the best is an honor and testament to the hard work of the SBNEP Staff. 5. PRESENTATION RE: WELCOME TO GUESTS OF THE CITY OF SARASOTA FROM CHETUMAL, MEXICO: MOISES PACHECO, MAYOR OF CHETUMAL; HUMBERTO VIDAL, DIRECTOR OF URBAN DEVELOPMENT; AND OCTAVIO CHAVEZ, INTERNATIONAL CITY AND COUNTY MANAGEMENT ASSOCIATION (ICMA) RESIDENT ADVISOR FOR MEXICO #1 (0590) through (1075) Mayor Pillot requested that Moises Pacheco, Mayor of the City of Chetumal, Quintana Roo, Mexico, Humberto Vidal, Director of Urban Development, Octavio Chavez, International City and County Management Association (ICCMA) Resident Advisor for Mexico, and Pamela Rubinoff, Project Manager, Coastal Resource Center, University of Rhode Island, come forward for the presentation. Mayor Pillot stated that the City's guests from Chetumal, Mexico, are visiting to study methods to improve public health, welfare, and the environment of the Chetumal community; that the objective is to define two or three projects which Chetumal can accomplish with the assistance and guidance of ICCMA and Sarasota to provide better utility service to customers and reduce contamination to Laguna Bacalar, the bay on which Chetumal, Mexico, is located; presented Mayor Pacheco, Mr. Vidal, and Mr. Chavez gifts from the Cityi and read in its entirety a Letter of Greetings and Welcome from the Commission. Mayor Pachecho, as translated by Mr. Chaves, stated that the people of Chetumal, Mexico, extend greetings to the people of the City of Sarasota; that the majority of American citizens are familiar with the nearby resort Cities of Cozumel and Cancun, Mexico; that Chetumal, as the capital of the State of Quintana Roo, possesses similar beauty and attraction and is located on Laguna Bacalar, a bay similar to Sarasota Bay; that the current visit will be used to gather knowledge for the conservation of Laguna Bacalar, which must be preserved for the enjoyment of future generations. Mayor Pacheco presented a silver coin representing the 25th anniversary of the State of Quintana Roo, Mexico, to the Mayor for the City of Sarasota and continued that the coin was minted in 1999; that the design represents the efforts of the residents to unite the northern and southern areas of the State of Quintana Roo, Mexico; that one side of the coin has an image of the sun, which represents all people, and a map of the State of Quintana Roo, Mexico; that the other side of the coin depicts an image of Andres Quintana Roo, the revolutionary hero whose name was given to the new State; that the hospitality of the City of Sarasota is appreciated. Mayor Pillot stated that the Administration and Staff will be pleased to provide assistance and information to the delegation from the City of Chetumal, Mexico. Ms. Rubinoff stated that the Coastal Resource Center of the University of Rhode Island has worked with representatives from Chetumal for four years on coastal management issues; that Chetumal shares Laguna Bacalar with the Country of Belize; that challenges and problems confronting Sarasota Bay are shared by Laguna Bacalar; that the City of Sarasota will provide advice concerning water and City management to the representatives of Chetumal, who seek to develop a bay program similar to the Sarasota Bay National Estuary Program (SBNEP); that representatives of Sarasota County and SBNEP recently visited Chetumal to identify issues and provide advice; that the information and advice provided by the City of Sarasota at the present and in the future are appreciated. BOOK 48 Page 20384 12/18/00 6:00 P.M. BOOK 48 Page 20385 12/18/00 6:00 P.M. 6. PRESENTATION RE: PRESENTATION OF CERTIFICATIONS OF APPRECIATION TO: BRYANT' S CONSTRUCTION COMPANY, BROWNING- FERRIS INDUSTRIES (BFI), ASAP RENTAL, WASTE MANAGEMENT, / RECYCLE AMERICA, AND THE GREATER HURST A.M.E. CHAPEL #1 (1075) through (1380) Mayor Pillot requested that Commissioner Mason join him at the Commission table to make the presentation. Commissioner Mason requested that Calvin Bryant, Bryant 's Construction Company, Gerald Devirgilis, Browning-Ferris Industries (BFI), Michael Mullins, ASAP Rental, and Reverend Ricky Wiggs, The Greater Hurst AME Chapel, come forward for the presentation. Commissioner Mason stated that the Certificates of Appreciation are presented for contributions to the betterment of the Newtown community; that the participants contributed financially or in-kind services to assist the Greater Hurst A.M.E. Chapel and the City to demolish a former crackhouse; and read in its entirety the Certificate of Appreciation honoring Bryant's Construction Company, BFI, ASAP Rental, Waste Management/Recycle America, and the Greater Hurst AME Church, and presented the Certificates of Appreciation to Mr. Bryant, Mr. Devirgilis, Mr. Mullins, and Reverend Wiggs. Commissioner Mason stated that Bryant's Construction Company contributed insurance and a demolition permit at a cost of $500 and labor at an estimated value of $480, for a total cost of $980; that BFI contributed a roll/off driver, 4 roll/off containers, 14 pulls, and 4 other containers at an estimated value of $920 and contributed the labor of an equipment operator for 9 hours at cost of $220, for a total cost of 1,140; that ASAP Rental contributed a Volvo loader and a JCB backhoe for use at an estimated value of $850; that Waste Management/Recycle America hauled away 95.63 tons of debris at an estimated value of $38 per ton or $3,633.94; that the Greater Hurst A.M.E. Chapel obtained the contributions of labor, equipment and materials for businesses in the community which had a total estimated value of $6,604.94; that the efforts to improve the neighborhoods of the Newtown Community are appreciated. Mr. Bryant stated that Commissioner Mason provided significant assistance towards the demolition efforts. 7. CHANGES TO THE ORDERS OF THE DAY APPROVED; AGENDA ITEM NO. VI-2 TO FOLLOW AGENDA ITEM NO. III-2; PUBLIC PERMITTED TO SPEAK ON AGENDA ITEM NO VI-2 AS ORIGINALLY SCHEDULED #1 (1380) through (1490) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add under New Business, Item No. VII-2, Approval Re: Authorize Administration to request Sarasota County to have their Coastal Advisory Committee review of the New Pass Maintenance Dredging matter at their next meeting. Commissioner Quillin stated that Agenda Item No. VI-2, Status Report concerning the pedestrian linkage between the Ritz-Carlton Hotel and Downtown, should be considered prior to Agenda Item No.. IV-B-1 concerning proposed Ordinance No. 00-4257, the pedestrian linkage at First Street between the Ritz-Carlton Hotel and Downtown. Mayor Pillot asked if Agenda Item No. VI-2 may be heard following Consent Agenda No. 2? City Auditor and Clerk Robinson stated yes; that consideration of Agenda Item No. VI-2 should be added to the Changes to the Orders of the Day as follows: B. Move Unfinished Business, Item No. VI-2, Status Report Re: Pedestrian Linkage Between The Ritz-Carlton Hotel and Downtown, after Consent Agenda No. 2, Item No. III-3. Commissioner Cardamone stated that the public should also be allowed to speak concerning Agenda Item No. VI-2 at the regularly scheduled order on the Agenda. Commissioner Mason left the Chambers at 6:40 p.m. Mayor Pillot stated that the consensus of the Commission is to allow citizens to speak on Agenda Item - No. VI-2 following consideration of Agenda Item No. VI-1 as originally scheduled. On motion of Commissioner Quillin and second of Vice Mayor Hogle, it was moved to approve the Changes to the Orders of the Day. BOOK 48 Page 20386 12/18/00 6:00 P.M. BOOK 48 Page 20387 12/18/00 6:00 P.M. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. 8. APPROVAL RE: MINUTES OF THE SPECIAL COMMISSION MEETING OF NOVEMBER 7, 2000 APPROVED; MINUTES OF THE REGULAR COMMISSION MEETING OF DECEMBER 4, 2000 APPROVED AS CORRECTED (AGENDA ITEM I) #1 (1490) through (1520) Mayor Pillot asked if the Commission had any changes to the minutes? Commissioner Quillin stated that Item 18 should be changed in the minutes of the December 4, 2000, Regular Commission meeting as follows: COMMISSIONER QUILLIN: A. Change the phrase "the ruling may be the catalyst for identifying" to "an ordinance should be drafted to identify" to result in the following: . that an ordinance should be drafted to identify a method in the City to address the problem of code violations at rental properties. Mayor Pillot stated that hearing no other changes, the minutes of the December 4, 2000, Regular Commission meeting as corrected and the minutes of the November 7, 2000, Special Commission meeting are approved by unanimous consent. 9. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, AND 14 - APPROVED; ITEM NO. 7 = APPROVED (AGENDA ITEM III-A) #1 (1520) through (2600) Commissioner Cardamone requested that Item No. 7 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Easement Agreement between the City of Sarasota and Florida Power and Light Company (FPL) for the First Presbyterian Church parking lot 2. Approval Re: Award of formal contract to Weeks Marine, Inc., (Sole bidder, Bid No. 00-46H) in the amount of $3,612,000 for the Lido Key Interim Beach Nourishment Project 3. Approval Re: Traffic Engineering Consultant Services Continuing services relative to Traffic Studies for 1998 Comprehensive Plan (R.F.P. No. 01-08H) 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Cooperative Funding Agreement between the City of Sarasota and Southwest Florida Water Management District for the Toilet Rebate Project (K570) 5. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Central Florida Contractors, Inc., (Bid No. 00-42H) in the amount of $55,190 to replace sidewalk, curb and gutter throughout the City 6. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Harry's Painting & Enterprises, Inc., (Bid No. 01-4H) in the amount of $38,900 for the painting of the Compost Plant Facility, located at 1850 12th Street, Sarasota, Florida 8. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the. City of Sarasota and Kuxhausen Construction, Inc., (Bid No. 01-10M) in the amount of $1,343,290 contingent upon approval of Resolution No. 01R-1329, for the construction of the John Ringling Causeway water main relocation 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to exeçute the Municipal Services and Pre-Annexation Agreement between the City and Robert L. Miller and Elizabeth G. Miller for water service for a developed site located at 3026 Arlington Street 10.Approval Re: Award of formal contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Human Resource Management Partners, Inc., (HRMP) in the amount of $40,331, for the Compensation and Classification Study 11.Approval Re: Request from Sarasota Visual Art Center, located at 707 North Tamiami Trail, to approve the addition of an uncovered 18' X 20' outdoor deck to be used for education and exhibition space 12.Approval Re: Monthly activities report from the Greater Downtown Sarasota Action Team BOOK 48 Page 20388 12/18/00 6:00 P.M. BOOK 48 Page 20389 12/18/00 6:00 P.M. 13. Approval Re: Monthly activities report from the Sarasota Downtown Association . 14.2 Approval Re: Monthly activities report from the Florida House Institute On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1: Item Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13 and 14. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Quillin, yes; Pillot, yes. 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City and Montgomery-Matson to use old Local Option Sales Tax (LOST) revenues in the amount of $250,000 to fund renovations of the Steigerwaldt-Jockey Fountain, also called the children's fountain, at Bayfront Park Commissioner Mason returned to the Chambers at 6:46 p.m. Commissioner Cardamone stated that public awareness should be raised concerning the present situation of the children's fountain at Bayfront Park; that renovation of the children's Eountain will cost the City $250,000; that a portion of the funds should be sought from local and State sources; that the children's fountain is a community recreational facility and is used not only by City, residents but also residents of Sarasota County and tourists. Mayor Pillot requested clarification of the Administration's recommendation to approve the cost of $250,000 for renovations to the children's fountain. William Hallisey, Director of Public Works, and Douglas Taylor, Deputy Director of Public Works, came before the Commission. Mr. Hallisey stated that the City voluntarily closed the children's fountain in September 2000; that renovations to the children's fountain were planned to commence during the fall of 2000; however, the bacterial contamination of the children's fountain became a significant local public health issue; that Montgomery Watson Americas, Inc., was employed to examine the current water treatment station at the children's fountain and proposed the City institute the following renovations: An Enhanced Filtration System Additional Chlorine and Ozone Disinfection Equipment Access Control (Fencing) Pre-Entrance Showers A Public Education Program, including signage and brochures Mr. Hallisey continued that the enhanced filtration system will filter all water pumped to the children's fountain and costs significantly more than the current filtration system, which treats only a portion of the water; that a use protocol will be formulated with the Sarasota County Public Health Department to allow access to the children's fountain to only a certain number of people at any time. Mayor Pillot asked if the renovations to the children's fountain are approved by the Sarasota County Health Department? Mr. Hallisey stated yes; however, standards for the installation of the recommended improvements to the children's fountain do not exist; that Staff continues to cooperate with the Sarasota County Health Department in improving the children's fountain and treating the water. Commissioner Cardamone stated that her grandchildren play at the children's fountain regularly; however, a significant number of the children playing at the children's fountain live in the County or elsewhere; therefore, the City should not fund all costs of the proposed renovations; that a decision concerning the proposed renovations should be delayed until a portion of the required funding is sought from other sources such as Sarasota County and private donations and foundations. Commissioner Quillin concurred and stated that funding should be sought from private sources; and asked if Staff has examined alternate sources of funding such as grants for the proposed renovations to the children's fountain? Mr. Hallisey stated that alternate sources of funding are not known at the present time; however, Staff will further examine the potential for alternative funding; that obtaining grant funding will be difficult due to grant deadlines. BOOK 48 Page 20390 12/18/00 6:00 P.M. BOOK 48 Page 20391 12/18/00 6:00 P.M. Mayor Pillot asked the time necessary to complete the proposed renovations to the children's fountain? Mr. Hallisey stated 90 days. Mayor Pillot asked the date the children's Eountain will be reopened? Mr. Hallisey stated that the children's fountain will be reopened by April 2001, at which time a significant increase in use begins each year. Mayor Pillot stated that the time allotted for renovations and the reopening of the children's fountain is short and should be considered a significant issue. Commissioner Quillin stated that the long-term costs of the maintenance of the children's Eountain should be examined; that a maintenance policy should be developed for the children's fountain and public art in general; that Staff could report on alternate sources of funding for the proposed renovations and the long-term maintenance costs of the children's fountain at the January 2, 2001, Regular Commission meeting; that City funding of the proposed renovations is supported provided alternate sources of funding such as grants are sought. Vice Mayor Hogle stated that City funding of the proposed renovations to the children's fountain is supported; and asked the expected completion date of renovations to Bayfront Park? Mr. Hallisey stated that the current renovations to Bayfront Park should be completed by late February 2001; that Staff could commence renovation of the children's fountain while the renovations to Bayfront Park continue. Vice Mayor Hogle stated that the renovations to Bayfront Park include the installation of new sod; that the continuation of renovations to the children's fountain following completion of renovations to Bayfront Park may damage the new sod and other landscaping; that the City should coordinate the renovations to the children's fountain and Bayfront Park. Mayor Pillot asked the feasibility of obtaining alternate sources of funding for the proposed renovations to the children's fountain by the January 2, 2001, Regular Commission meeting? City Manager Sollenberger stated that Staff will not be able to obtain alternate sources of funding due to the Christmas and New Year's holidays; that many local and State government and private business offices will be closed for the holidays; that obtaining grant funding will require significant time. Mayor Pillot asked if Sarasota County or private sources would provide funding if the City initially funded all renovations to the children's fountain? City Manager Sollenberger stated no; however, the children's fountain is a regional recreational attraction; that the City could pursue funding from other local sources based on equity; however, alternate local sources will be reluctant to provide funding if the City approves funding of all renovations. Commissioner Quillin stated that the County will argue funds for the proposed renovations should be generated from the Tax Increment Financing (TIF) District; that the $250,000 proposed for renovations to the children's fountain should be used for improvements to City infrastructure in District No. 3; that alternate sources of funding should be sought; that certain areas of the City require significant improvement. Mayor Pillot stated that the City should either renovate or demolish the children's fountain, which is used by a significant number of children; that the current condition of the children's fountain is unacceptable; that the children's Eountain should be made safe or not used; that demolishing the children's fountain is not supported. Commissioner Cardamone stated that a state of emergency currently exists concerning the children's fountain; that significant publicity is required to raise public awareness and support for the state of emergencyi that local newspapers are encouraged to publicize the current requirement for alternate sources of funding for the proposed renovations to the children's fountain. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to approve $125,000 in funding for renovations to the steigerwaldt-Jockey Fountain, also called the children's fountain, and to seek the remaining $125,000 in funding from alternate local and State sources, to direct the Administration to prepare a report concerning alternate local funding sources for presentation at the February 1, 2001, BOOK 48 Page 20392 12/18/00 6:00 P.M. BOOK 48 Page 20393 12/18/00 6:00 P.M. Regular Commission meeting, and to declare a state of emergency concerning the status of the Steigerwaldt-Jockey Fountain, also called the children's fountain. Commissioner Quillin stated that the City should prepare a press release for December 19, 2000, to inform all local newspapers of the status of the children's fountain. Commissioner Cardamone stated that the use of the children's fountain is extensive; that children could be encouraged to donate small amounts of money to assist with the proposed renovations. Mayor Pillot asked if the Administration will contact the Superintendent, Sarasota County Public School System, to seek funding for the children's fountain? City Manager Sollenberger stated yes. Commissioner Cardamone stated that the Administration should also seek funding from local members of the Association of Daycare Providers. Mayor Pillot called for a vote on the motion to approve $125,000 in funding for renovations to the Steigerwaldt-Jockey Fountain, also called the children's fountain, and to seek the remaining $125,000 in funding from alternate local and State sources, to direct the Administration to prepare a report concerning alternate local funding sources for presentation at the February 1, 2001, Regular Commission meeting, and to declare a state of emergency concerning the status of the stegervaldE-Jockey Fountain, also called the children's fountain. Motion failed (3 to 2): Cardamone, yes; Mason, no; Quillin, yes; Pillot, no; Hogle, no. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to approve Consent Agenda No 1, Item No. 7. Vice Mayor Hogle stated that welfare of the children necessitates immediate renovation of the children's fountain; that the City should also attempt to renovate the children's fountain prior to completion of the renovations to Bayfront Park. Commissioner Mason concurred and stated that the City should fund the proposed renovations to the children's fountain; that grant funding requires significant time; that the proposed renovations to the children's fountain should be completed as soon as possible. Mayor Pillot asked if Staff will continue to seek alternate sources of funding for the proposed renovations to the children's fountain? City Manager Sollenberger stated yes. Commissioner Cardamone stated that the intent in declaring a state of emergency regarding the children's fountain is to provoke the residents of the City and County, other private foundations and organizations, and local governments to provide funding for the proposed renovations to the children's fountain; however, City funding of all proposed renovations to the children's tountain is supported. Commissioner Quillin stated that City funding of all proposed renovations to the children's fountain is not supported; that the $250,000 should be used for improvements to existing City infrastructure such as streets, sidewalks and curbs in District No. 3. Mayor Pillot called for a vote on the motion to approve Consent Agenda No. 1, Item No. 7. Motion carried unanimously (4 to 1): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, noi; Pillot, yes. Mayor Pillot asked if renovations to Bayiront Park will be completed in late February 2001 as scheduled? Mr. Hallisey stated yes. Mayor Pillot asked if Staff will commence the approved renovations to the children's fountain immediately? Mr. Hallisey stated yes; that Staff will work with the hired contractors to assure minimal disruption of the renovations to the Baytront Park and the children's fountain. Commissioner Cardamone asked if Bayfront Park will be heavily landscaped? Mr. Hallisey stated no; that the landscaping included in the renovations to Bayfront Park is minor; however, the renovations to Bayfront Park include the installation of new sod and an irrigation system. BOOK 48 Page 20394 12/18/00 6:00 P.M. BOOK 48 Page 20395 12/18/00 6:00 P.M. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1325) ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1329) - ADOPTED; ITEM 3 (RESOLUTION NO. 01R-1331) ADOPTED; ITEM 4 (RESOLUTION NO. 01R-1332) - ADOPTED; ITEM 5 (ORDINANCE NO. 01R-4283) ADOPTED (AGENDA ITEM III-B) #1 (2600) through (2750) 1. Adoption Re: Proposed Resolution No. 01R-1325, supporting special State funding for the widening of State Road 70 (Title Only) 2. Adoption Re: Proposed Resolution No. 01R-1329, appropriating $750,000 from the Unappropriated Fund Balance of the Water and Sewer Bond Fund #442 to provide funds for the Ringling Causeway Water Main relocation, etc. 3. Adoption Re: Proposed Resolution No. 01R-1331, appropriating $50,000 from the special law enforcement trust fund forfeitures) to fund attendance by Police Department personnel at various training programs offered at educational and law entorcement training institutes, etc. 4. Adoption Re: Proposed Resolution No. 01R-1332, appropriating $50,000 from the special law enforcement trust fund (forfeitures) to fund some of the expenses involved with the investigation, identification, and apprehension of drug traffickers, etc. 5. Adoption Re: Proposed Ordinance No. 01-4283, amending Ordinance No. 00-4199 to reflect the approval and substitution of the revised site plan submitted with Application No. 00-SP-34 for the previously approved site plan submitted with Application No. 99-SP-10; said site plans pertaining to the expansion and renovation of the Radisson Lido Resort at 700 Benjamin Franklin Drive (Title only) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1329, 01R-1331, and 01R-1332 in their entirety and proposed Resolution No. 01R-1325 and proposed Ordinance No. 01-4283 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 5, inclusive. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 11. UNFINISHED BUSINESS: STATUS REPORT RE: PEDESTRIAN LINKAGE BETWEEN THE RITZ - CARLTON HOTEL AND DOWNTOWN SARASOTA RECEIVED REPORT (AGENDA ITEM VI-2) #1 (2750) through (3525) Mayor Pillot stated that the status report concerns the pedestrian linkage between the Ritz-Carlton Hotel and Downtown as required in the Ritz-Carlton Development Agreement. Dennis Daughters, Director of Engineering/CIty Engineer, and Jane Robinson, Director of Planning and Development, came before the Commission. Mr. Daughters referred to Paragraph 18 of the Ritz-Carlton Development Agreement and quoted the Ritz-Carlton Development Agreement provision for a pedestrian linkage between the Ritz-Carlton Hotel and Downtown as follows: 18. Pedestrian Linkage to Downtown: During the course of the redevelopment of Downtown Sarasota, an important goal of the City has been to create a pedestrian friendly environment in the Downtown area; that the parties acknowledge that the development of the project provides an opportunity to advance this goal. However, the parties agree that at the present time, it is not practical to finalize a plan for pedestrian linkage between the project and Downtown Sarasota and that the details of such a plan will require further study. Subsequent to the execution of this Development Agreement, Developer shall work with the City Planning and Development Department and Engineering Department to devise a plan for the design and funding of a safe and attractive pedestrian link between the project and Downtown Sarasota. These City departments and Developer shall prepare and present a joint report to the City Commission on the results of their efforts to devise such a plan by no later than December 31, 1999. The report shall include alternative measures to accomplish the desired objective and shall provide an analysis of the respective merits and disadvantages of each alternative. Upon receipt of the report, the City BOOK 48 Page 20396 12/18/00 6:00 P.M. BOOK 48 Page 20397 12/18/00 6:00 P.M. Commission may take such action as it deems appropriate concerning the subject of a pedestrian link between the project and the Downtown. Mr. Daughters continued that the status report required by the Ritz-Carlton Development Agreement was received by the Commission on December 20, 1999, with a recommendation to extend the date for the status report to December 2000 to gain data and recommendations for the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020) and the Transportation Concurrency Exception Area (TCEA) study; that a preliminary analysis of the pedestrian crossing was prepared by Tindale-oliver and Associates, Inc., for the City and the Ringling Tower project and indicates a pedestrian crossing at the location is problematic at the present time due to the low level of service (LOS) with either a traffic circle or signalized intersection; that the pedestrian crossing proposed at First Street should be studied as part of the Florida Department of Transportation (FDOT) Downtown Traffic Study, which will funded by FDOT and commence in 2003; that the City will prefund the FDOT Downtown Traffic Study to commence analysis during Spring 2001 and would be reimbursed in 2003 by FDOT; that the FDOT Downtown Traffic Study will provide a thorough analysis concerning the installation of a traffic circle on US 41 at' Gulf Stream Avenue as part of the Master Plan 2020; that the Ringling Tower project proposed under Agenda Item No. IV-B-1 should be examined as part of the FDOT Downtown Traffic Study; that the Administration recommends receiving the status report of the pedestrian linkage between the Ritz-Carlton Hotel and Downtown and continuing discussion following completion of the FDOT Downtown Traffic Study, which should be in less than two years. Commissioner Quillin asked if the FDOT Downtown Traffic Study may take longer than two years to complete? Mr. Daughters stated that the FDOT Downtown Traffic Study will take less than two but more than one year to complete. Commissioner Quillin asked if the FDOT Downtown Traffic Study will be based on current or future vehicular traffic estimates? Mr. Daughters stated that the FDOT Downtown Traffic Study will commence in 3 to 4 months; that the particular vehicular traffic estimates for use in the FDOT Downtown Traffic Study are unknown at present; that Staff intends to incorporate current and future vehicular traffic estimates. Commissioner Quillin stated that public safety is of foremost concern regarding the pedestrian linkage between the Ritz-Carlton Hotel and Downtown; that other hotel and condominium developments will rely on the pedestrian linkage to provide access to Downtown; that vehicular traffic on US 41 along the Bayfront and the Cultural Center has increased significantly in recent years; that the City must ensure the safety of pedestrians wishing to access Downtown from the Bayfront or Cultural Center west of US 41; and asked if particular safety issues have been identified? Mr. Daughters stated that particular safety issues cannot be identified until the FDOT Downtown Traffic Study is completed; that First Street was recently vacated at the Bayfront to provide for the safety of the public following the commencement of construction of the Ritz-Carlton Hotel. Commissioner Quillin stated that Cedar Point Drive is scheduled for a street vacation also; that the increased vehicular traffic at the Bayfront near the Ritz-Carlton Hotel represents a significant danger to the public; that Cedar Point Drive should remain open to alleviate a portion of the increased vehicular traffic burden. Mr. Daughters stated that Cedar Point Drive should be vacated as scheduled; that a cross-connection on Cedar Point Drive at Sunset Drive will alleviate a portion of the increased vehicular traffic burden and will permit additional vehicular access to John Ringling Boulevard through Sunset Drive; that the issue of foremost concern remains pedestrian crossings at US 41; that the preliminary traffic circulation analysis of First Street did not demonstrate a low LOS. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to receive the status report of the pedestrian linkage between the Ritz-Carlton Hotel and Downtown and continue discussion following completion of the Florida Department of Transportation (FDOT) Downtown Traffic Study. Commissioner Cardamone stated that resolution of a pedestrian linkage between the Ritz-Carlton Hotel and Downtown should not be addressed until the FDOT Downtown Traffic Study is completed. BOOK 48 Page 20398 12/18/00 6:00 P.M. BOOK 48 Page 20399 12/18/00 6:00 P.M. Commissioner Quillin asked if completion of a pedestrian linkage is a requirement of the Ritz-Carlton Development Agreement? Mr. Daughters stated that the requirement is as follows: Subsequent to the execution of this Development Agreement, Developer shall work with the City Planning and Development Department and Engineering Department to devise a plan for the design and funding of a safe and attractive pedestrian link between the project and Downtown Sarasota. Commissioner Quillin asked the anticipated opening date of the Ritz-Carlton Hotel? City Manager Sollenberger stated November 1, 2001. Commissioner Quillin stated that the pedestrian linkage will not be considered until 2002 following completion of the FDOT Downtown Traffic Study. Mayor Pillot asked if further action is required concerning the Ritz-Carlton Development Agreement? City Auditor and Clerk Robinson stated no. Commissioner Quillin stated that the additional vehicular traffic caused by the closure of First Street due to construction of the Ritz-Carlton Hotel must be alleviated. Mr. Daughters stated that a pedestrian linkage cannot be constructed until the approval of FDOT is obtained; that the FDOT Downtown Traffic Study must be conducted prior to obtaining FDOT approval of a pedestrian linkage across US 41, which is a State highway; therefore, the Ritz-Carlton Development Agreement has not been violated; that pedestrians can cross US 41 in the area safely at the signalized intersection of US 41 at Gulf Stream Avenué. Mayor Pillot called for a vote on the motion to receive the status report of the pedestrian linkage between the Ritz-Carlton Hotel and Downtown and continue discussion following completion of the Florida Department of Transportation (FDOT) Downtown Traffic Study. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yesi Mason, yesi Quillin, yes; Pillot, yes. Mayor Pillot requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4255, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 98-4076; REPEALING ARTICLE III, DECISION MAKING AND ADMINISTRATIVE BODIES; DIVISION 4, HISTORIC PRESERVATION BOARD; SEC. III-401, POWERS AND DUTIES; SUBPARAGRAPH J.; RELATING TO THE LAUREL PARK OVERLAY DISTRICT; REPEALING ARTICLE IV, DEVELOPMENT REVIEW PROCEDURES, DIVISION 8, HISTORIC DESIGNATION, SEC. IV-808, CHANGES TO STRUCTURES WITH HISTORIC DESIGNATION/CERTIFICATE OF APPROPRIATENESS, SUBPARAGRAPH E., LAUREL PARK OVERLAY DISTRICT BUILDING PERMITS; AMENDING ARTICLE VI, ZONE DISTRICTS, DIVISION 31, SPEÇIAL PUBLIC INTEREST OVERLAY DISTRICT, SEC. VI-3106, LAUREL PARK OVERLAY DISTRICT, SUBPARAGRAPH E., DEVELOPMENT STANDARDS, SUBPARAGRAPH 3., DEVELOPMENT REVIEW PROCESS TO REPEAL THE REQUIREMENT FOR NON-1 MANDATORY DESIGN REVIEW BY THE HISTORIC PRESERVATION BOARD FOR BUILDINGS LOCATED IN THE LAUREL PARK OVERLAY DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 00-ZTA-07, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (5725) through #2 (0150) Mayor Pillot stated that proposed Ordinance No. 00-4255 concerns Zoning Text Amendment Application No. 00-ZTA-07, which provides for revisions to the Historic Preservation Board review of the non-mandatory development standards of the Laurel Park Overlay District. Mark Hess, Chief Planner, Planning and Development Department, came before the Commission and stated that Zoning Text Amendment Application No. 00-ZTA-07 was initiated by the Planning and Development Department and amends Articles III, IV, and VI, Zoning Code (1998) regarding the review process and development standards applicable within the Laurel Park Overlay District by BOOK 48 Page 20400 12/18/00 6:00 P.M. BOOK 48 Page 20401 12/18/00 6:00 P.M. deleting the following sections pertaining to the non-mandatory development standards of an Historic Preservation Board review: Section III-401: J. To offer recommendations and advice and make a report on all applications for building permits that affect the exterior of a structure or site, to the Manager of Building, Zoning and Code Enforcement concerning the Non-Mandatory Design Guidelines of the Laurel Park Overlay District. Section IV-808: E. Laurel Park Overlay District Building Permits 1. After submittal of an application for a building permit which affects the exterior of a structure or site located in the LPOD, the Manager of Building, Zoning and Code Enforcement shall refer all such completed applications, to the Board for review and report. 2. The Historic Preservation Board shall review the applications in accordance with the provisions of Section IV-3106 E.3, offer advice and recommendations concerning the Non-Mandatory Design Guidelines outlined in Section VI-3106 E.5, and make a report relating thereto the Manager of Building, Zoning and Code Entorcement. Section VI-3106: E. Development Standards 3.3. After such determination, and prior to the issuance of such a building permit, the Manager of Building, Zoning and Code Enforcement shall refer such completed application for building permit to the Historic Preservation Board for review and report. The Historic Preservation Board shall review such application for building permit in accordance with the Non-Mandatory Design contained in Section VI-3106 E.5. The applicant for the building permit, or his or her designee, or the owner of the property, or both, shall appear before the Historic Preservation Board. The Historic Preservation Board may only offer advice and recommendations concerning the Non-Mandatory Design Guidelines outlined in Section IV-3106 E.5. The Historic Preservation Board shall thereafter make a report of its advice and recommendations, if any, to the Manager of Building, Zoning and Code Enforcement. Mr. Hess continued that the Laurel Park Neighborhood Association (LPNA) requested the Planning and Development Department initiate Zoning Text Amendment Application No. 00-ZTA-07; that the Planning Board/Local Planning Agency (PBLP) held a public hearing at its October 4, 2000, Regular meeting, found Zoning Text Amendment Application No. 00-ZTA-07 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the standards for review set forth in Section IV-1206, Zoning Code (1998), and recommends Commission approval; that the Historic Preservation Board review takes approximately 60 days, which is considered an unnecessary delay by developers and residents of the Laurel Park Neighborhood; that the Historic Preservation Board is an advisory board only and does not have the authority to reject or approve a development, proposal within the Laurel Park Overlay District. Mayor Pillot opened the public hearing. Robert Fletcher, 651 Ohio Place (34236), President, LPNA, came before the Commission and stated that the Laurel Park Neighborhood is among the City's historic neighborhoods; that the LPNA proposed the non-mandatory requirement for a review of development proposals for the Laurel Park Overlay District by the Historic Preservation Board as a form of design control on historic structures in the Laurel Park Neighborhood; however, the restrictions on altering historic properties were observed in subsequent development proposals for the Laurel Park Neighborhood; that the non-mandatory review constitutes an unnecessary delay for development proposals and is no longer supported by the LPNA. There was no one else signed up to speak and Mayor Pillot Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4255 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4255 on first reading. BOOK 48 Page 20402 12/18/00 6:00 P.M. BOOK 48 Page 20403 12/18/00 6:00 P.M. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 00-4255 on first reading. Commissioner Cardamone stated that the support of the LPNA to propose regulatory changes to the Laurel Park Overlay District is pleasing; that the public's involvement in providing input concerning City regulations is always supported and encouraged. Commissioner Quillin stated that proposed Ordinance No. 00-4255 is supported; that residents of the Laurel Park Neighborhood are currently required to submit to an Historic Preservation Board review for simple repairs such as fixing a leaking roof; that the proposed regulatory changes to the Laurel Park Overlay District will benefit other neighborhoods considering the implementation of a neighborhood overlay district. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 00-4261, AMENDING THE ZONING CODE (1998 ED.) REGARDING THE DEVELOPMENT STANDARDS FOR SINGLE - FAMILY DWELLINGS IN THE MULTIPLE- FAMILY DWELLINGS IN THE MULTIPLE- - FAMILY RESIDENTIAL, REVITALIZATION (RMF-R) ZONE DISTRICT AND FOR PROPERTIES WITHIN THE LAUREL PARK OVERLAY DISTRICT (LPOD) WITH AN UNDERLYING ZONING OF RMF-R; SETTING FORTH FINDINGS AS TO INTENT AND PURPOSE; AMENDING ARTICLE VI, ZONE DISTRICTS; DIVISION 4, RMF-R = MULTIPLE- - FAMILY RESIDENTIAL, y REVITALIZATION, SEC. VI-403, DEVELOPMENT STANDARDS, TO REVISE THE MAXIMUM DWELLING UNIT PER ACRE LIMITATION, MINIMUM ZONING LOT AREA, MINIMUM ZONING LOT WIDTH, MAXIMUM ZONING LOT COVERAGE, MAXIMUM HEIGHT, AND SETBACK REQUIREMENTS APPLICABLE TO SINGLE - FAMILY DWELLINGS IN THE RMF- -1 R ZONE DISTRICT; AMENDING ARTICLE VI, ZONE DISTRICTS; DIVISION 31, SPECIAL PUBLIC INTEREST OVERLAY DISTRICTS; SEC. VI-3106, LAUREL PARK OVERLAY DISTRICT, SUBPARAGRAPH E., DEVELOPMENT STANDARDS, SUBPARAGRAPH 1, MAXIMUM HEIGHT OF STRUCTURES TO STATE A MAXIMUM HEIGHT FOR SINGLE- - FAMILY STRUCTURES IN THE RMF -R ZONE DISTRICT; AND SUBPARAGRAPH 2, MINIMUM LOT REQUIREMENTS, MAXIMUM COVERAGE AND SETBACKS TO STATE MINIMUM REQUIREMENTS FOR FRONT, y SIDE AND REAR SETBACKS AND A MAXIMUM FLOOR AREA RATIO (FAR) FOR SINGLE- - FAMILY DWELLINGS WITH AN UNDERLYING ZONING OF RMF-R LOCATED WITHIN THE LAUREL PARK OVERLAY. DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. 00-ZTA-08, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-2) #2 (0150) through (0470) Mark Hess, Chief Planner, Planning and Development Department, came before the Commission, gave a slide presentation depicting City residential homes in the Multi-Family Residential, Revitalization (RMF-R) Zone District, and stated that City-initiated Zoning Text Amendment Application No. 00-ZTA-08 as incorporated in proposed Ordinance No. 00-4261 regards development standards for single-family dwellings in the RMF-R Zone District and clarifies the relationship to sites in the RMF-R Zone District located within the Laurel Park Overlay District; that only two of the current City lots zoned in the RMF-R Zone District are vacant; that the vacant lots are located in the Rosemary District and Laurel Park Neighborhood; that proposed Ordinance No. 00-4261 provides for single-family infill opportunities on 5,000-square-foot lots in the City's neighborhoods in which underdeveloped property in the RMF-R Zone District is located; that the two vacant lots are the only lots affected; that at its October 4, 2000, Regular meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously to find Zoning Text Amendment Application No. 00-ZTA-08 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), satisfies the standards for review set forth in Section IV-1206, Zoning Code (1998), and recommends Commission adoption. Commissioner Quillin stated that the RMF-R Zone District was established to provide low- to moderate-income housing; and asked if low- to moderate-income housing is still required in the RMF-R Zone District? Mr. Hess stated no. Commissioner Quillin stated that the intent of establishing the RMF-R Zone District was to provide low- to moderate-income housing and should be honored. Jane Robinson, Director of Planning and Development, came before the Commission and stated that the RMF-R Zone District was devised and approved to revitalize the City's Downtown neighborhoods; however, the requirements of the RMF-R Zone District to provide low- to moderate-income housing could not be honored as population and building densities increased BOOK 48 Page 20404 12/18/00 6:00 P.M. BOOK 48 Page 20405 12/18/00 6:00 P.M. significantly Downtown and subsequently property values escalated. Mr. Hess stated that the purpose statement of the RMF-R Zone District does not include reference to low- to moderate-income housing and is as follows from Section VI-401, Intent and Purpose, Zoning Code (1998): Section VI-401. Intent and purpose. The RMF-R District was originally intended to serve as the residential revitalization area adjacent to the City's central business district and to provide incentives for redevelopment and multifamily residential development in close proximity to the downtown core. In accordance with the policies of the 1986 City of Sarasota, Sarasota City Plan, there shall be no further re- zonings to the. RMF-R zone district classification after March 2, 1987, the effective date of Ordinance No. 87-3016. The standards contained in this division, Sections VI-401 through VI-405, inclusive, shall be applied only to those zoning lots which were zoned RMF-R prior to the effective date of Ordinance No. 87-3061. Mayor Pillot opened the public hearing. Robert Fletcher, 651 Ohio Place (34236), President, Laurel Park Neighborhood Association (LPNA), came before the Commission and stated that seven lots in the City are currently in the RMF-R Zone District; that one of the two vacant lots in the RMF-R Zone District is located in the Laurel Park Neighborhood and is owned by the City, which purchased the vacant lot to preempt development of an apartment building; that a neighborhood design competition was held to solicit development proposals for the vacant lot; that a redevelopment plan to construct three single- family homes and to rehabilitate an existing home on the vacant lot was selected; that the proposed redevelopment of the vacant lot was delayed due to regulatory conflicts; that the construction of single-family homes is not permitted in the RMF-R Zone District; that proposed Ordinance No. 00-4261 would permit construction of single-family homes in the RMF-R Zone District and is supported by the LPNA. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4261 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4261 on first reading. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4261 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. Commissioner Quillin asked the purchaser of the vacant lot in the Laurel Park Neighborhood? City Manager Sollenberger stated that Devin Rutkowski, Chairman, PBLP, is the purchaser. Commissioner Quillin stated that a member of the Planning Board/Local Planning Agency (PBLP) previously sold a parcel of property in the Laurel Park Neighborhood to the City and was required to resign from the PBLP to complete the sale of the property; that the Administration should examine the purchaser's intent to purchase the vacant lot and report to the Commission. City Attorney Taylor stated that the City Attorney's Office reviewed the situation and issued an opinion concerning the sale of the vacant lot in October 2000; that the purchaser will be required to resign from the PBLP to purchase the property in question or apply for a waiver from the Commission and is aware of the requirements. Commissioner Quillin stated that the Administration should provide a report to the Commission concerning the status of the sale of the property and the requirements placed upon the purchaser. Commissioner Cardamone stated that a personal conversation was held recently with Mr. Rutkowski, who intends to resign from the PBLP on February 1, 2001. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4284, AMENDING THE ZONING CODE OF THE CITY OF SARASOTA, ARTICLE VII, REGULATIONS OF GENERAL BOOK 48 Page 20406 12/18/00 6:00 P.M. BOOK 48 Page 20407 12/18/00 6:00 P.M. APPLICABILITY, DIVISION 2, OFF STREET PARKING AND LOADING, BY AMENDING THE MINIMUM OFF STREET PARKING REQUIREMENTS FOR MEDICAL AND DENTAL OFFICES AND CLINICS AND FOR OTHER PROFESSIONAL AND BUSINESS OFFICES; ALSO AMENDING ARTICLE II, DIVISION 2, DEFINITIONS, TO PROVIDE A DEFINITION FOR THE TERM "GROSS LEASEABLE FLOOR AREA; n ETC. (TITLE ONLY) (APPLICATION NO. 99-ZTA-10, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #2 (0470) through (0875) Mark Hess, Chief Planner, Planning and Development Department, came before the Commission and stated that Zoning Text Amendment Application No. 99-ZTA-10 as incorporated in proposed Ordinance No. 01-4284 amends the minimum off-street parking requirements for medical and dental offices and clinics and professional offices by reducing the minimum number of spaces required for office uses and establishing a sliding parking scale which reduces the required ratio of parking spaces to building square footage as the size of the office building increases; that analysis of the proposed parking requirements is detailed in the October 4, 2000, Planning Board/Local Planning Agency (PBLP) report in the Agenda backup material; that the PBLP held a public hearing at its October 4, 2000, meeting and voted unanimously to find Application No. 99-ZTA-10 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the standards for review set forth in Section IV-1206, Zoning Code 1998, and recommends Commission approval. Mayor Pillot opened the public hearing and the following people came before the Commission: Dan Bailey, representing the Sarasota Memorial Hospital (SMH) and the Center for Arts, Philanthropy and Commerce, 200 South Orange Avenue (34236), and Daniel McDaniel, Director of Architecture and Facility Planning, SMH, 3432 Bayshore Boulevard (34234). Attorney Bailey stated that the Freedom Group of Sarasota, Inc. (Freedom Group), which is the developer of the Center for Arts, Philanthropy and Commerce, is also represented; that the current parking ratio allowed for medical offices and clinics in all zone districts is one parking space per 150 square feet of office space; that proposed Ordinance No. 01-4284 will create a sliding parking scale and require one parking space per 200 square feet of office space; that the current requirements provide for unused and unnecessary parking spaces; that the majority of medical offices do not require significant parking space; that the April 14, 1999, Issue Paper entitled "An Examination of the Potential to Create a Minimum Off-Street Parking Standard for Non-Profit Use, . written by Paul Costanzo, former Chief Planner, Planning and Development Department, concurs with the intent of proposed Ordinance No. 01-4284 and is included in the Agenda backup material; that several cities in the, United States have similar parking requirements to permit less parking space for larger office and medical facilities. Attorney Bailey continued that the Freedom Group supports the provisions regarding general office buildings of proposed Ordinance No. 01-4284; that the current parking ratio is one parking space per 20.0 square feet of general office space; that proposed Ordinance No. 01-4284 institutes a sliding parking scale; that a parking ratio of one parking space per 200 square feet of general office space is still required; however, larger general office buildings are required to maintain less parking spaces; that the third floor of the Center for Arts, Philanthropy and Commerce is unoccupied due to current parking requirements for general office space but would be occupied if proposed Ordinance No. 01-4284 is adopted and current parking requirements relaxed. Mr. McDaniel stated that SMH has designed and constructed a variety of office buildings of differing sizes; that proposed Ordinance No. 01-4284 is supported; that the number of independent medical practices increases as a medical office building expands; that the probability the waiting rooms of the independent medical practices will be fully occupied decreases as a medical office building expands; that the type of independent medical practice will also vary as a medical office building expands; that different types of independent medical practices require doctors to conduct hospital visits and operations on differing days and times during a given week; therefore, less parking spaces are required. Ernest Babb, 1886 Bahia Vista (34239), stated that amending the current required parking ratio for medical office and general office buildings should not be amended universally; that significant parking intrusion into neighborhoods already occurs and could increase; that residential homes near Sarasota Memorial Hospital (SMH) are affected adversely by parking intrusion due to SMH; that the parking requirements of a particular building should be examined and determined on a case-by-case basis; that significant neighborhood parking BOOK 48 Page 20408 12/18/00 6:00 P.M. BOOK 48 Page 20409 12/18/00 6:00 P.M. intrusion occurs particularly on the flower streets such as Hibiscus, Wisteria, and Clematis . Streets and should be alleviated. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4284 by title only. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Administration recommends passing proposed Ordinance No. 01-4284 on first reading. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 01-4284 on first reading. Commissioner Quillin stated that parking intrusion into the City's neighborhoods is a long-term problem requiring examination; however, a significant number of residential homes were rezoned to accommodate professional offices, which contribute to neighborhood parking intrusion, but were not substantially altered; that neighborhood parking intrusion is not necessarily a negative; that vehicles traveling neighborhood streets SIow down as the number of parked vehicles increase; that the landscaping and neighborhood enhancement requirements for residential office buildings should be enforced; that a certain amount of neighborhood parking intrusion is supported to abate traffic. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. 15. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4285, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 3, POLICE; AMENDING SECTION 24-68, PRE- - RETIREMENT DEATH BENEFITS, SUBSECTION (B), DEATH NOT IN PERFORMANCE OF DUTIES; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-4) #2 (0875) through (0980) Benita Saldutti, Pensions Plan Administrator, came before the Commission and stated that proposed Ordinance No. 01-4285 amends Chapter 24, Personnel, Article II, Pensions, Division 3, Police, Sarasota City Code (1986 as amended) (City Code), by amending Section 24-68 (b), Pre-retirement Death Benefits, as follows: (b) Death not in Performance of Duties: Provided, however, that in the event the deceased mother was, at the time of his death, eligible for normal retirement as provided for in Section 24-70 (a), the benefit accrual rate to be utilized in calculating the benefit shall be 3 percent. Ms. Saldutti continued that proposed Ordinance No. 01-4285 clarifies the death benefit payable for an active police officer who dies not in the line of duty shall be at least equal to the accrued benefit; that the City Code is currently not clear regarding the benefit payable to the assigned beneficiaries if a police officer dies after obtaining normal retirement eligibility but prior to retirement; that a November 27, 2000., letter from Stephen Palmquist, Actuary, Gabriel, Roeder, Smith and Company, certifies the proposed changes do not result in a significant cost impact to the Police Pension Plan; that the Police Benevolent Association Union supports adoption of proposed Ordinance No. 01-4285 and waives all related collective bargaining rights. Mayor Pillot asked if the proposed changes grant the entitled retirement benefits of a deceased officer to the designated beneficiaries? Ms. Saldutti stated yes. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4285 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4285 on first reading. BOOK 48 Page 20410 12/18/00 6:00 P.M. BOOK 48 Page 20411 12/18/00 6:00 P.M. On motion of Vice Mayor Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4285 on first reading. Vice Mayor Hogle stated that having served 18 years on the Police Officers' Pension Board of Trustees, proposed Ordinance No. 01-4285 codifies an existing practice of the City; that a City police officer has not died after obtaining retirement eligibility but prior to retirement. Mayor Pillot asked if the beneficiaries of any deceased City police officer have experienced complications in collecting the entitled retirement benefits? Vice Mayor Hogle stated no. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to pass proposed Ordinance No. 01-4285 on first reading. Motion carried unanimously (5' to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. 16. NON QUASI- JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4287, AMENDING CHAPTER 30, SARASOTA CITY CODE, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES BY ADDING THERETO A NEW ARTICLE IV, RIGHT-OF-WAY USAGE FEES, ASSESSING A FEE ON TELECOMAUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHT- - OF -WAY FOR TELECOMMUNI CATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING A SAVINGS CLAUSE; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-5) #2 (0940) through (1100) Mayor Pillot stated that proposed Ordinance No. 01-4287 concerns fees for relecommunications companies occupying municipal rights-of-way for telecommunications facilities Gibson Mitchell, Director of Finance, came before the Commission and stated that proposed Ordinance No. 01-4287 should be adopted as an individual license, franchise, or other agreement may not be required or imposed upon any new elecommunications company for telecommunications facilities occupying municipal rights-of-way after January 1, 2001, due to the Communications Service Tax Simplification Law effective October 1, 2001, concerning regulation of elecommunications licensing; that the City should adopt proposed Ordinance No. 01-4287 to provide a fee schedule during the unregulated period between January 1 and October 1, 2001; that the City will no longer be able to require an individual license, franchise, or other agreement from a elecommunications company for occupation of rights-of-way for elecommunications facilities effective January 1, 2001, if proposed Ordinance No. 01-4287 is not passed; that fees for use of the rights-of-way may be imposed between January 1 and October 1, 2001, if proposed Ordinance No. 01-4287 is passed; that the Statute provides the Secretary of State must be notified at least 10 days in advance of first reading of any proposed ordinance if the City adopts a fee ordinance after January 1, 2001, in addition to all other notice requirements. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4287 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4287 on first reading. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 01-4287 on first reading. Mayor Pillot stated that the alertness of Staff to maintain the City's interests is appreciated. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Pillot stated that Jencie Davis and Betsy Kelley, who regularly attend Commission meetings, are missed as a members of the audience; that holiday greetings and warm wishes are extended to Ms. Davis and Ms. Kelley. The Commission recessed at 8:02 p.m. and reconvened at 8:16 p.m. Commissioner Mason returned to the Chambers at 8:17 p.m. BOOK 48 Page 20412 12/18/00 6:00 P.M. BOOK 48 Page 20413 12/18/00 6:00 P.M. City Attorney Taylor stated that the quasi-judiçial public hearings relate to Ordinance No. 00-4257 which is a rezoning from Multi-Family Residential-6 (RMF-6) Zone District to Commercial, Central Business District (C-CBD) Zone District; that Ordinance No. 01-4280 is the historic designation of a structure at 1360 13th Street; that Ordinance No. 01-4286 is a rezoning application concerning property located at 650 North Central Avenue. Mayor Pillot requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that a special category of individuals, Affected Persons, i.e., individuals especially interested in the proceedings due to proximity to or other special interest in the subject property, are defined by judicial interpretation; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cros8-examination; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property. 17. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4257, TO REZONE REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE NORTH TAMIAMI TRAIL (U.S. 41) AND GULF STREAM AVENUE AND HAVING A STREET ADDRESS OF ONE NORTH TAMIAMI TRAIL, FROM THE MULTIPLE FAMILY - RESIDENTIAL-6 (RMF-6) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS (C-CBD) ZONE DISTRICT; APPROVING SITE PLAN 00-SP-24 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) (APPLICATION NOS. 00-RE-17 AND 00-SP-24, APPLICANT DOOLEY & MACK CONSTRUCTOR, INC. AS AGENT FOR CELT, INC., A FLORIDA CORPORATION, OWNER) REOPENED THE PUBLIC HEARING AND CONTINUED DELIBERATIONS TO THE FEBRUARY 5, 2001, REGULAR COMMISSION MEETING (AGENDA ITEM IV-B-1) #2 (1150) through 3 (2997) City Attorney Taylor stated that Site Plan Application No. 00-SP-24 as incorporated in proposed Ordinance No. 00-4257 is to rezone a 1.44-acre site at the northwest corner of US 41 and Gulf Stream Avenue which is the location of the Holiday Inn Downtown By the Bay (Holiday Inn) and Denny's Restaurant (Denny's) from the Multi-Family Residential-6 (RMF-6) Zone District to the Commercial, Central Business District (C-CBD) Zone District and to permit the construction of a 72-unit condominium with 13,400 square feet of retail space and 24,680 square feet of office space; that development of the site in accordance with Site Plan Application No. 00-SP-24 is a condition of the proposed ordinance rezoning the property to the C-CBD Zone District; that the Planning Board/Local Planning Agency (PBLP) held a public hearing on November 1, 2000, found the rezoning and site plan consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and recommends Commission approval with the following conditions: (A) Development of the property. . shall be limited to the following uses: 1. The density of the residential condominium shall not exceed 72 dwelling units. 2. The amount of retail space shall not exceed 13,400 square feet. 3. The amount of office space shall not exceed 24,680 square feet. 4. The residential condominium units, retail uses and office uses shall be located in a single structure which shall not exceed 180 feet in height. However, the height of the structure may exceed 180 feet to the extent permitted by. . the Zoning Code (1998). (B) .the Applicant shall provide copies of the issued federal or state permits.. (C) Applicant shall submit a "Construction Staging Plan... - H (D) All survey makers (both vertical and horizontal) on the project site shall be continuously maintained.. (E) . [one of] the event [sl.. . .must first occur. (1) .the "Right of Way Use Agreement 2000" dated April 14, 2000, shall be amended... (2) Celt, Inc. shall execute and deliver a Waiver and Release.. (F) - .the terms and conditions of the Right of Way Use Agreement 2000 shall remain in full force and effect. BOOK 48 Page 20414 12/18/00 6:00 P.M. BOOK 48 Page 20415 12/18/00 6:00 P.M. City Attorney Taylor stated that the recommendation is to allow 30 minutes for the Applicant's presentation and 15 minutes for rebuttal; that the City will have 15 minutes for presentation and 10 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 15 minutes to speak and 10 minutes for rebuttal; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Pillot stated that hearing the Commission's agreement, the time limits are approved. City Attorney Taylor stated that the applicant is Dooley & Mack Constructors, Inc., as agent for Celt, Inc. (Celt), a Florida Corporation, owner; that the following persons have applied for and complied with the rules for obtaining Affected Person status: SLAB, L.L.C., an Oklahoma limited liability company (SLAB) and Core Development Incorporated, a Kansas Corporation (Core) Mayor Pillot stated that hearing the Commission's agreement, the individuals are certified as Affected Persons; and requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Michael Furen, Attorney, Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., representing Dooley & Mack Constructors, Inc., as agent for Celt, Inc., Bryan Lawson, Project Manager, Dooley & Mack Constructors, Inc., and Tom Cardinal, Cardinal, Carlson- Parks, Inc., Architecture Interiors and Consulting, came before the Commission. Attorney Furen stated that Richard Gillett, Design Architect, Gillett Associates, extends regrets for being unable to attend; that Mr. and Mrs. Laurence Parry, Principles, Celt, Inc., are present in the audience to respond to questions if desired; that representing Celt, Inc., is a privilege; that the proposed Ringling Tower development is exciting and comes before the Commission with a unanimous recommendation of approval from the PBLP; that the proposed project is unlike other developments; that the possible additional transportation impacts due to the proposed development have been raised as a concern; however, intensive uses occur on the site; that the traffic circulation analysis conducted by Staff establishes closing the current access points will cause a significant decrease in the measurement of traffic impacts which will be reduced by 43 peak p.m. trips over the present traffic impacts generated by the existing Holiday Inn and Denny's; that the project is exciting and is supported by Staff and the PBLP. Mr. Lawson stated that Staff has done an excellent job assembling the Staff report included in the Agenda backup material; that the site is the current site of the Holiday Inn and Denny's on the northwest corner of US 41 and Gulf Stream Avenue, which is 1.4488 acres and in the RMF-6 Zone District; that the Application is to change the zone district to a C-CBD Zone District which would be commensurate with the surrounding area; that the proposed Ringling Tower building is a replacement facility involving the demolition of the existing Holiday Inn and Denny's and replacement of the structures with an 18-story mixed-use facility consisting of 3 stories of commercial and retail space, 15 stories of residential space comprised of 72 residential units, and 4 interior floors of concealed parking for residential, commercial, and public use; that the retail sizes are minor compared to the overall square footage of the building; that the retail component is approximately 13,400 square feet; that the commercial component is 26,000 square feet on the second and third floors; that 257 parking spaces have been provided within the development which exceeds the amount required under the Zoning Code (1998) ; that the project has been reviewed by Staff, the Development Review Committee (DRC), and the PBLP, and meets or exceeds all the provisions under the existing City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and takes into account the flavor and intent of the Downtown Sarasota: Master Plan 2020 (Master Plan 2020); ; that construction of the project will be completed as a single-phase project; that the project is compatible with and furthers the Master Plan 2020 and the neighborhood elements in the immediate area; that a unique feature is the "stepping back" of the building; that the design is excellent. Mr. Lawson referred to a three-dimensional model of the proposed Ringling Tower building and stated that the building begins on a low podium, steps back significantly on the south side which is BOOK 48 Page 20416 12/18/00 6:00 P.M. BOOK 48 Page 20417 12/18/00 6:00 P.M. over 100 feet from the right-of-way line on Gulf Stream Avenue, and has numerous other step-backs on four faces of the building; that the proposed Ringling Tower has four finished faces; that the building is on a feature corner Downtown and has an elevation from the Palm Avenue corridor creating an attractive bookend to the Palm Avenue shopping district and allowing unparalleled views onto the Bay, the marina area, and toward Bird Key and northern Siesta Key; that the parking is concealed with a single point of access on the north side of the property. Mr. Cardinal stated that the results of the Master Plan 2020 were anticipated; that the building meets the street in a manner compatible with the desire for an "A" street; that Palm Avenue is an "A" street; that the anticipated realigned and vacated First Street, which will become known as Ritz-Carlton Boulevard (First Street/Ritz-Carlton Boulevard), will be a "sleeve,' a as the term is defined in the Master Plan 2020; that the pedestrian environment is an important aspect to the manner in which the building meets the street; that some awnings overhang the sidewalk to create relief from the sun; that the attempt is to make the pedestrian experience exciting and provide a reason for pedestrians to walk to stores; that the building is set back due to the anticipation of a traffic circle being placed in the area someday; that the size of. the future traffic circle is presently undetermined; that the traffic circle will be permitted to encroach upon the site and not affect the design of the building in the future; that a beautiful plaza is created which overlooks the water; that the building has views in every direction; that the location of the building is important; that the nexus is from Downtown with connectivity to the Ritz-Carlton Hotel and the condominiums in the area; that the building is a conduit for Downtown; that the retail has been designed as a destination point for people who live west of US 41; that a limited amount of square footage is dedicated to retail use; that the office space is also nominal. Attorney Furen stated that a unique factor is the elimination of three accesses to US 41 in Close proximity to the intersection which will improve the flow of the traffic in the right-turn lane out to the keys; that currently traffic has existing contlicting movements coming out into the right-turn lane. Mr. Lawson stated that a thorough traffic circulation analysis was conducted; that two intersections on US 41 and a third intersection off Gulf Stream Avenue serve the current Holiday Inn and Denny's; that the intersection closest to the US 41 and Gulf Stream Avenue entrance will be closed; that the intersection which provides access to the current Denny's and those intersections which are close to the vacated First Street/Rita-Carlton Boulevard and the existing First Street will be closed; that the existing use of the area is high volume and will be eliminated which causes a de minimis traffic impact. Mayor Pillot requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development, came before the Commission and stated that the Applicant I S representatives have presented an adequate and detailed overview of the Ringling Tower project and design considerations; that Staff reviewed the plan for compatibility with the City's Comprehensive Plan, design information from charrettes of the Master Plan 2020, and all relevant sections of the Zoning Code (1998). Ms. Murphy referred to Development Review Committee (DRC) commentary and letters provided by the City Attorney's office in the Agenda backup material and stated that the Applicant dedicated a portion of right-of-way for a turn lane as part of the Right-of-Way Use Agreement 2000; that some questions were raised as to the ability to calculate density; that the Zoning Code (1998) provides a method for calculating density; that the Applicant was requested to fund a portion of the traffic circulation study; that the ultimate agreement between Staff and the Applicant is the Applicant will pay a fair share participation if off-site improvements are required for the pedestrian system as a result of the circulation study; that the fair-share participation is incorporated in the September 20, 2000, memorandum from the Engineering Department to Bryan Lawson as follows: h. If any improvements are recommended in phase II Traffic Circulation Analysis, the developer will be responsible of (sic) fair share of the cost. Ms. Murphy continued that the Applicant is obligated to make some necessary traffic improvements; that Staff was directed to bring the parties together to address concerns and resolve issues after representatives from Core and SLAB expressed concerns during the PBLP meeting. BOOK 48 Page 20418 12/18/00 6:00 P.M. BOOK 48 Page 20419 12/18/00 6:00 P.M. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that two Right-of-Way Use Agreements have been developed; that the initial application for development approval for the Ritz-Carlton Hotel was filed in 1998; that one Right-of-Way Use Agreement was executed in 1999; that the modification of the site plan for the Ritz-Carlton Hotel necessitated a new Right-of-Way Use Agreement; that the agreement presently referenced is the Right-of-Way Use Agreement 2000 which is the second Right-of-Way Use Agreement developed; that the Ringling Tower property is separated from the property owned by SLAB by the 50-foot, City-owned right-of-way on the vacated First street/Ratz-Cariton Boulevard; that the Right-of-Way Use Agreement 2000 grants permission to the developers to use the right-of-way during construction of the Ritz-Carlton Hotel as well as to address off-site development issues such as traffic circulation in the area; that the Applicant, who is the property owner on the south side of the vacated First treet/Ritr-Carlton Boulevard right-of-way, has created another site plan which impacts the Right-of-Way Use Agreement 2000; that the development of a new right-of-way use agreement is not necessary; however, amendments should be made to the existing Right-of-Way Use Agreement 2000; that the Right-of-Way Use Agreement 2000 specifies Denny's shall be provided with direct access to US 41; that the access would be constructed just south of the access to the vacated First Street/Ritz-Carlton Boulevard which will be closed after construction of the Ringling Tower. Attorney Fournier continued that the Right-of-Way Use Agreement 2000 indicates the access of the vacated First treet/Ritz-Carlton Boulevard to US 41 will be closed; that the new access to the north of the vacated First street/Ritr-Carlton Boulevard will be opened as the entrance of the Ritz-Carlton Hotel; that a direct access into the property will be immediately south of the vacated First street/Ritz-Carlton Boulevard and was intended for the benefit of Denny's which will no longer exist; that Site Plan Application No. 00-SP-24 also requires Closure of two other direct accesses, one to the south on US 41 and one on Gulf Stream Avenue; that objections to the closing of the accesses were expressed by the representatives of Core at the PBLP meeting; that Staff met with the Applicant and representatives of Core; that an agreement was reached for Celt to revise the site plan subject to review by Core; that the elimination of the curb cut remained in the plan and was not added as a result of the revised site plan; that testimony at the PBLP public hearing indicated the curb cut would improve the functioning of the intersection; that safety was also an issue; that the curb cut would be a right-out into a right-turn lane only; that motorists heading south would Cross the lane; that the configuration of the parking spaces is different on the revised proposed Ringling Tower site plan than on the site plan for the Ritz-Carlton Hotel; that Core's objection was not enough room exists in the south lane for large vehicles to maneuver; that the plan was modified to eliminate 14 excess parking spaces to create space in an area directly to the north of the building which is to the east of the entrance into the building from the vacated First Stret/Ritz-Carlton Boulevard; that the space will allow large vans sufficient maneuvering room to turn around without blocking the access way to the vacated First treet/Ritz-Carlton Boulevard. Attorney Fournier further stated that the initial plan submitted moved the Bayfront multi-use recreational trail (MURT) north from the original position; that the facility was moved back southward as a result of discussions; that the move adversely affected the Ritz-Carlton Hotel by impacting the symmetry of the landscape at the entrance of the Ritz-Carlton Hotel; that moving the plot further north makes the landscaping shorter on the south side than on the north side; that the revised site plan indicates the Bayfront MURT in the original placement to the south, entirely within the current First Street right-of-way; that an effort will be made consistent with the parties' agreement to save the Banyan tree at the entrance to the vacated First street/Ritr-Carlton Boulevard; that removal of the Banyan tree was addressed during the discussions of the Ritz-Carlton Hotel site plan; that saving the Banyan tree will require a wider throat to the entrance road to the vacated First Street/Ritr-Carlton Boulevard; that the current plan calls for a throat of 24 feet which can be widened to 35 feet to save the Banyan tree Attorney Fournier stated further that Celt has agreed to accept responsibility for construction of the connector road south of the north right-of-way on the vacated First street/Ritr-Carlton Boulevard which will be the main entrance to Ringling Tower; that the desire is to create a fancier entrance than proposed in the original site plan; that the agreement was left turns for commercial vehicles and trucks headed north leaving the Celt property onto the vacated First Street/Ratr-Cariton Boulevard would be prohibited; that Core's concern is commercial services vehicles should not be passing in front of the hotel; that service vehicles will be required to make right turns only out of the vacated First stret/Ritz-Carlton Boulevard to US 41; that Celt would have responsibility for construction of any parking spaces on the site and within the vacated First street/Ritz-Carlton BOOK 48 Page 20420 12/18/00 6:00 P.M. BOOK 48 Page 20421 12/18/00 6:00 P.M. Boulevard right-of-way, relieving Core of the responsibility to construct parking spaces for Celt in the right-of-way as was previously agreed in the Right-of-Way Use Agreement 2000; that Core would also be relieved of responsibility for sign relocation and construction of the direct access with the curb cut to US 41. Dennis Daughters, Director of engineering/City Engineer, came before the Commission and stated that the elimination of the three driveways onto the site and having the traffic come off the vacated First street/Ritr-Carlton Boulevard is a better alternative than direct access to US 41. Commissioner Quillin asked the impact on the vacated First Street/Ritz-Carlton Boulevard which is also the access to the One Watergate Condominiums and other condominiums on Sunset Boulevard? Mr. Daughters stated that the impacts are minor; that the amount of traffic generated by the development is relatively small compared to the other developments along the vacated First tret/Ritz-Cariton Boulevard; that the traffic circulation analysis was done in detail on the intersection of Gulf Stream Avenue, State Route (SR) 789 (John Ringling Causeway), and Sunset Drive, and indicated the traffic would be reduced to a level of service (LOS) D which is the adopted LOS for the street. Commissioner Quillin stated that the project cannot be considered de minimis if traffic is not dispersed to US 41 and all traffic goes onto the vacated First Street/Ritz-Carlton Boulevard. Mr. Daughters stated that most traffic from the development will go to US 41 and be required to make a right turn. Commissioner Quillin stated that the traiiic has an impact as motorists coming out of the Ritz-Carlton Hotel project onto the vacated First street/Ritz-Carlton Boulevard; that the amount of traffic from the site is currently more intense; that each access accommodates a portion of the total traffic; that traffic exiting onto the vacated First tret/Ritz-Cariton Boulevard from the proposed Ringling Tower project cannot be considered de minimis; that motorists wishing to go north will have to go down Sunset Drive and circle back; that going north out of the project from the vacated First Street/Ritz-Carlton Boulevard is not possible. Mr. Daughters stated that is correct; that the analysis was done at Sunset Drive and SR 789; that the area was determined to provide the adopted level of service. Commissioner Quillin asked the current level of service? Mr. Daughters stated that the level of service is relatively high for the Sunset Drive and Gulf Stream Avenue intersection due to small amount of traffic on Sunset Drive. Commissioner Quillin stated that knowing the level of service being examined is important with the intense use of the property; that decreasing the intensity is understood; however, the project will only have one entrance which will be going to the vacated First street/Ritr-Carlton Boulevard; that motorists who wish to turn right will come out at the vacated First street/Ritzr-Carlton Boulevard and make a right-hand turn; that motorists wishing to go north will have to proceed to Sunset Drive to the traffic light to make a turn and come back; that the impact is traffic from the east rather than traffic from the north which currently causes the impact; that a traffic circulation analysis should have been conducted to determine the impact to the vacated First street/Ritz-Carlton Boulevard compared to the current traffic impact; that 100 percent of traffic will impact the vacated First street/Ritz-Carlton Boulevard; and asked if the City owns the right-of-way? Attorney Fournier stated that the City owns the title to First Street; that a 50-foot strip will remain in City ownership after the vacated First tret/Ritz-Carlton Boulevard is partially closed. Commissioner Quillin asked if rights-of-way exist on US 41 and Gulf Stream Avenue? Attorney Fournier stated that rights-ot-way are required on US 41 and Gulf Stream Avenue for dedication by the property owner under the existing Right-of-Way Use Agreement 2000; that the obligation to dedicate the right-of-way has been affirmed by the Applicant who will continue to honor the agreement. Commissioner Quillin stated that determining the location of rights-of-way from the site plan is difficult; that knowledge of the requirements of any enhancements which are necessary, whether with a traffic circle or not, is critical before tearing down and rebuilding; and asked for clarification of the status of the right-of-way conveyance? BOOK 48 Page 20422 12/18/00 6:00 P.M. BOOK 48 Page 20423 12/18/00 6:00 P.M. Attorney Fournier stated that the Celt property may be conveyed by the owner to accommodate the right-hand turn lane on US 41 for southbound to westbound traffic; that Staff does not yet have the conveyance; however, the Applicant is obliged under the existing agreement to convey the property. Commissioner Quillin asked if a shadow study for the project has been conducted? Ms. Murphy stated noi that a shadow study is not required by the City; that the Applicant was required to hold a neighborhood meeting; that the project was received favorably; that an attempt is being made to strengthen the City's requirements to make requesting shadow studies from applicants possible; that currently shadow studies are not required; that a shadow study was not submitted to Staff but may have been done by the Applicant. Mayor Pillot requested that Affected Persons come forward; and the following Affected Persons came before the Commission: Brenda Patten, Land Use Attorney, Kirk-Pinkerton, representing SLAB, L.L.C., an Oklahoma limited liability company (SLAB) and Core Development Incorporated, a Kansas * Corporation (Core). stated that SLAB and Core are the owners and developers of the Ritz-Carlton Hotel project; that preventing or impeding the development of the Ringling Tower project is not the intention; that the rights of Celt to develop the property are supported; that the project is beautiful; that redevelopment of the site is supported although the Holiday Inn and Denny's are enjoyed; that a quality project in the area would be a great benefit to the City as well as the Ritz-Carlton Hotel; that ensuring the final approved site plan for the. Ringling Tower and the Ritz-Carlton Hotel projects are consistent and compatible is the focus of discussions; that any problems and difficulties should be resolved prior to approval of a final site plan for the Ringling Tower project; that an appearance was made before the PBLP on November 1, 2000, to object to the site plans for three reasons as follows: 1. the site plan is inconsistent with the Right-of-Way Use Agreement 2000 entered into by the City, Celt, Inc., Core, and C. Robert Buford, property owner 2. the site plan is inconsistent with the plans submitted to Florida Department of Transportation (FDOT) 3. the site plan is inconsistent with the site plan for the Ritz-Carlton Hotel project Attorney Patten referred to an August 10, 2000, letter to the Engineering Department raising the issues and stated that the objections are not being raised at the last minute to slow the project; that a response to the August 10, 2000, letter was not received; that the invitation to méet with the developers of the Ringling Tower was received after the presentation before the PBLP; that an attempt was made to resolve the issues weeks ago; however, participate was not requested in any reviews or in the PBLP process; that after the November 1, 2000, PBLP public hearing, a meeting was held with the City to discuss concerns; that the principle objection to the proposed Ringling Tower site plan is four access points to the Holiday Inn and Denny's, one on US 41, one on Gulf Stream Avenue, and two on First Street, existed at the time the Ritz-Carlton Hotel site plan was approved and only one access point remains on the site plan for the proposed Ringling Tower project. Attorney Patten distributed the Right-of-Way Use Agreement 2000, April 2000, also in the Agenda backup material, and quoted paragraph 18 as follows: Any amendment of this Right-of-Way Use Agreement shall be ineffective unless reduced to writing as a formal amendment to this Agreement and executed by all of the parties hereto. Attorney Patten referred to a distributed map entitled, "Exibit D," to the Right-of-Way Use Agreement 2000 which indicates the configuration of the vacated First Street/Ritz-Carlton Boulevard and the improvements to the vacated First street/Ritz-Carlton Boulevard to which all parties agreed and stated that Core and SLAB were comfortable in signing the Right-of-Way Use Agreement 2000 with the Holiday Inn and Denny's project in place due to the belief the agreement would ensure all parties would return examine any changes, work out conflicts, and sign a new document with a new exhibit which would accommodate both site plans, if the site were ever redeveloped; that not participating in discussions concerning the site plan until after the PBLP meeting was a surprise; that a concern is the reduction of the access points on the property from four to one; that all traffic which formerly entered and exited from four points will now only go through one point; that a concern is all traffic to the Ringling Tower site comes in through the vacated First Stret/Rita-Carlton Boulevard; that presently traffic comes off BOOK 48 Page 20424 12/18/00 6:00 P.M. BOOK 48 Page 20425 12/18/00 6:00 P.M. US 41, heads west onto the vacated First Stret/Ritz-Carlton Boulevard and makes a left turn heading south into the Ringling Tower site; that one short access is the only location all traffic enters and exits the Ringling Tower site; that owners of condominiums as well as moving vans, service vehicles, etc., will be coming in one driveway, travel separate directions, and exit from the same driveway; that using the driveway which provides access to the Ritz-Carlton Hotel, conference center, and ballrooms, is a concern; that the traffic will back up into the vacated First stret/Rite-Carlton Boulevard if traffic begins stacking in the one entrance; that a truck making a quick delivery which cannot get into the area due to traffic may back up into the driveway of the parking garage of the Ritz-Carlton Hotel, make a U-turn, and go onto US 41, which is a concern. Attorney Patten continued that a meeting was held December 8, 2000, with Celt representatives to examine the site plan; that the objections of Core and SLAB were explained; that Celt representatives seemed to agree some changes were warranted and prepared an amended site plan which was sent on December 12, 2000 to the Ritz-Carlton project manager who immediately held a meeting with engineers on December 13, 2000; that a computer generated sketch prepared by WilsonMiller Inc., was provided on December 15, 2000; that the sketch illustrates the approved site plan for the Ritz-Carlton Hotel and the revised plan received from Celt; that the plans have numerous conflicts; that the Ringling Tower property line pushes the vacated First Street/Ritz-Carlton Boulevard north by 10 or 15 feet into the right-of-way; that significant realignments exist; that approving a site plan without resolving the issues is a concerni that a telephone discussion was held with a Celt representative who indicated two additional alternative site plans have been prepared since the sketch was prepared; that the newest site plans were received December 18, 2000, and have not been seen by Core or SLAB; that the other alternatives have been faxed to Core and SLAB and have not been personally seen or discussed; that the request is to take time to conduct the site plan approval process correctly and not deny the project but rather gather the parties to examine the three alternatives, the stacking issues, the access issues, and ensure the site plans of the two projects work beneficially together and provide the best project for both parties and the City. Attorney Patten stated further that the request is to proceed in an orderly and proper manner as the developers of the Ritz- Carlton Hotel project were required to do at the time of approval of the Ritz-Carlton Hotel project; that the developers of the Ritz-Carlton Hotel project were asked to meet with Celt representatives, who had problems with the impact of the site plan on the Holiday Inn and Denny's, to resolve concerns and to reach a consensus to changes to the existing Right-of-Way Use Agreement; that the result was the Right-of-Way Use Agreement 2000 which was signed by all parties; that the request is for fair play, to continue the public hearing, allowing time to bring all parties together, consider the three alternatives, and ensure the issues discussed at the December 8, 2000 meeting are resolved; that the attempt was made as early as August 2000 to bring the parties together but was not successful; that the desire is to see the Right-of-Way Use Agreement 2000, which is a legally binding document, amended again; that an amended right-of-way use agreement should be a condition of approval of the Ringling Tower project; that the City should enter into an amendment to the Right-of-Way Use Agreement 2000 before changing the configuration of Exhibit D. Attorney Patten further stated that agreement was reached by Core and SLAB concerning many issues discussed; however, the agreement is not in writing; that nothing has been proposed as a written revision of the site plan; that a new plan should be substituted for Exhibit D to the Right-of-Way Use Agreement 2000; that including language which describes which parties have responsibility for constructing improvements in the vacated First street/Rita-Carlton Boulevard right-of-way is desirable; that Celt agrees to construct certain improvements; that the current Right-of-Way Use Agreement 2000 currently requires the Ritz-Carlton Hotel to construct all the improvements; that the method by which the improvements will be made and the party responsible for providing funding should be established; that the developers of the Ritz-Carlton Hotel were required to pay both parties' attorney and engineer fees required to amend the then-existing Right-ot-Way Use Agreement to accommodate Celt with the Holiday Inn and Denny's in 2000; that Celt should do the same with the currently proposed amendment; that SLAB and Core are being required change plans to accommodate some issues being discussed; that Celt should pay the attorney and engineering fees for revising the plans; that the City does not have the authority to change the configuration of the vacated First Stret/Rit-Carlton Boulevard without having a revised agreement signed by all parties. BOOK 48 Page 20426 12/18/00 6:00 P.M. BOOK 48 Page 20427 12/18/00 6:00 P.M. Mayor Pillot requested that other interested persons come forward; and the following interested persons came before the Commission: Robert Einsweiler, 11 Sunset Drive #807 (34236), referred to and distributed a document entitled "Testimony before the Sarasota City Commission on the Ringling Towers project," and stated that residents of Sunset Drive have concerns regarding the project; that the notion traffic is de minimis is ludicrous; that traffic is de minimis in relation to Gulf Stream Avenue and US 41; however, all the traffic which previously traveled in the direction of Gulf Steam Avenue and US 41 will now traverse the vacated First Street/Ritz-Cariton Boulevard, Cedar Point Drive, and Sunset Drive; that the only traffic coming through the Cedar Point Drive and Sunset Drive connection was the Ritz-Carlton Hotel and One Watergate Condominium traffic at the time the Ritz-Carlton development began; that development of the Ritz- Carlton Hotel Project Phase II Ritz-Carlton Phase II) was to include opening Sunset Drive at the time of opening the Ritz- Carlton condominiums which would have provided some balance; that the revised Ritz-Carlton Phase II routed traffic to the internal road system; that all traffic on the internal road system goes through a stop sign on Cedar Point Drive at the intersection with Sunset Drive, which was added in the site plan for the Ritz-Carlton Phase II the first time submitted; that the stop sign is to allow people to enter and exit Sunset Drive which would otherwise always be blocked in the short distance from the Sunset Drive signal with Gulf Stream Avenue onto Cedar Point Drive; that the manner in which traffic will be controlled is questioned; that traffic will be backed up far enough to block the entrance to the Ritz-Carlton Phase II Condominiums and create additional problems for residents in the area; that traffic currently is at a level of service (LOS) A+; that the level will drop to a LOS D indicating a significant amount of traffic will be flowing through the Sunset Drive and Gulf Stream Avenue intersection; that most traffic will be passing through the stop sign on Sunset Drive; that pedestrian access is also a concern; that the Master Plan 2020 contains a sleeve on the vacated First Stret/Ritz-Carlton Boulevard which is a farce; that a sleeve cannot have utility without a controlled intersection or grade separation intersection for pedestrians; that residents of Sunset Drive believe the sleeve would be useful; that the area is not a sleeve without signalization; that no pedestrian will be able to get across US 41 or Gulf Stream Avenue even if a traffic circle is placed at US 41 and Gulf Stream Avenue or the intersection remains signalized with the addition of a free-flowing through lane turning right from southbound US 41 onto westbound Gulf Stream Avenue; that a pedestrian solution must be created; that repeatedly expressing the same concern is tiresome; that site plan approval should be delayed to gather data concerning traffic on the internal road system and potential solutions for pedestrians; that a commitment must be made to create a pedestrian crossing of some type; that the location of the pedestrian crossing may be debated; however, a commitment should be made to create a pedestrian crossing beyond the agreement with the Ritz-Carlton Hotel. Glenda Mock, 2200 Ben Franklin Drive (34236), Executive Director, North Trail Association, member, Gateway Coalition Board, stated that delaying approval of the site plan until Core and SLAB have an opportunity to view the changes is supported and is just. Philip Dasher, 926 Boulevard of the Arts (34236), Chairman, Sarasota County Bicycle/Pedestrian Committee, stated that the issue of pedestrian safety along US 41, not only at the intersection with First Street, has been a concern for some time; that the manner in which the proposal has been proceeding will exacerbate an already dangerous situation at the intersection of US 41 and the vacated First Street/Ritz-Carlton Boulevard; that the increase in pedestrian traffic along with the type of occupancy will add another dimension to the concern for pedestrian safety; that the request is for the Commission to solve the problem immediately; that the Commission has extended the Development Agreement which, according the Zoning Code (1998), requires a public hearing; that the Commission cannot unilaterally extend the development agreement to 2003; that experts in traffic serve on the Sarasota County Bicyele/Pedestrian Committee including a certified Professional Engineer (P.E.) who is a traffic engineer; that the assumption of the traffic being half or less of the current flow is preposterous; that 161 parking spaces were required under the previous regulations of the C-CBD Zone District; that current parking requirements are for 123 parking spaces; that 112 parking spaces currently exist on the property; that assuming a high volume restaurant and hotel will produce half the peak trips is preposterous; that an adequate amount of parking is not being provided; that a high-volume occupancy could be substituted for a low-occupancy retail space; that nothing exists to prohibit the addition of a 5,000-square-foot restaurant in the retail space; that the site plan will BOOK 48 Page 20428 12/18/00 6:00 P.M. BOOK 48 Page 20429 12/18/00 6:00 P.M. substantially internalize the traffic through the vacated First treet/Ritz-Carlton Boulevard and Sunset Drive; that the traffic circulation analysis has not been totally completed and, therefore, reliance cannot be placed on the entire findings at this time; that the project is the Transportation Concurrency Exception Area (TCEA) ; that the purpose of the TCEA is to congest an area and resolve traffic issues later; that the purpose of the Right-of-Way Use Agreement is to forgive a portion of traffic concurrency, i.e., 15 percent which is 1.15 percent above traffic concurrency, in exchange for programs to mitigate traffic and redirect traffic from the Downtown area; that the mitigation has not been instituted; that congesting the area based upon the TCEA is ridiculous; that approval of the site plan application is premature; that the building is lovely and suits the area; that problems should be resolved; that Staff has indicated a lack of knowledge concerning the impact of the site plan approval on US 41 and surrounding neighborhoods; that the traffic circulation analysis should have been completed 3 or 4 years ago. Ernest Babb, 1886 Bahia Vista Street (34239), stated that the vacated First Street/Ritz-Carlton Boulevard is being discussed but is not designated as to the type of street; that the City's Comprehensive Plan includes elements for major and minor collectors; that the next level below is a local street; that the least wide of streets is a local street which has a 50-foot right-of-way; that the vacated First Street/Ritz-Carlton Boulevard does not have a designation; that the previous First Street was a local street; that the vacated First Street/Ritz-Carlton Boulevard depicted on plans viewed is 32 feet wide with private property on both sides and does not conform to the designation of a street in the City; that a short distance exists between US 41 and the turn into the property; that the turn into the Ringling Tower parking area has been discussed; that the study conducted several years ago on the Walgreen Drug Stores site oh Bahia Vista Street, which resulted in adding a lane to allow motorists make turns, was discussed; that the property is in the midst of Downtown in the highest traffic area; that only one lane of traffic leads into the area; that one lane exits the area; that motorists entering the area can only make a right turn to enter; that the lane is too small for traffic stacking; that some provisions. must be made for the motorists making a left turn onto the vacated First Street/Ritz-Carlton Boulevard to keep traffic flowing smoothly on US 41; that allowing traffic to back up is the opposite of the ideals presented with the results of the development on the Walgreèn Drug Stores site on Bahia Vista Street; that an outlet is typically left to correct traffic situations; that the vacated First Street/Ritz-Carlton Boulevard does not have the right-ot-way width to accommodate a traffic problem and only has a 32-foot right-of-way which is less than the right-of-way for the smallest street in the City. City Auditor and Clerk Robinson stated that no other interested persons have signed up to speak. Mayor Pillot requested that the Applicant, the City and Affected Persons come forward for rebuttal. Attorney Furen stated that the Ringling Tower development has beent in progress for some time; that the site plan application was filed with the City; that payment was issued for a transportation concurrency analysis; that the site plan was reviewed by all responsible City Departments; that the transportation issues were addressed by Tindale-oliver and Associates, Inc.; that no concerns were expressed by professionals throughout the process; that the representative of Core and SLAB and the citizens who spoke are not transportation engineers; that the process .of the application has been long and tedious; that the application has gone through full review by all departmental agencies which have review jurisdiction and expertise; that Staff encouraged elimination of accesses to US 41 to improve the circulation of the area; that a significant portion of the existing Denny's traffic already utilizes the vacated First Stret/Rita-Carlton Boulevard for access to the west and east; that Celt has been the subject of full and thorough reviews by professionals; that individuals who do not have expertise are now challenging the site plans; that such challenge is inappropriate due to the review process; that a meeting was held with the Core representative who expressed the desire to keep the Banyan tree and the concern of moving vans not having adequate space to curn; that no project in the City has a specific location for moving vans; that an attempt was made to accommodate the concern in a revised plan; that keeping the cut through in the previous First Street right-of-way was expressed as being possible but would mean providing more landscaping to the north to buffer the parking area; however, adequate space is not available for additional landscaping; that the site plan has been redesigned to include a space for moving vans which may also serve as angular parking as necessary; that the understanding was the concerns expressed by Core at the December 8, 2000, meeting were resolved in the site plan BOOK 48 Page 20430 12/18/00 6:00 P.M. BOOK 48 Page 20431 12/18/00 6:00 P.M. revisions prepared and sent to Core representatives; that the construction manager of the Ritz-Carlton Hotel indicated the revised site plan would not be considered; that the concern of utilizing the vacated First street/Ritz-Carlton Boulevard for all the Ringling Tower traffic was never raised during the December 8, 2000, meeting; that the turning space for large trucks and the initial impact of the site plan on the wall of the Ritz-Carlton Hotel were discussed as concerns; that Celt readdressed the concerns; that the concerns raised are different from those raised at the time the Ritz-Carlton Hotel desired removing the Holiday Inn and Denny's accesses away, thereby moving the traffic to the vacated First Street/Ritz-Carlton Boulevard to access the Ritz-Carlton Hotel; that presently the Ritz-Carlton Hotel does not wish closure of the accesses which is a problem; that Celt has attempted to address the issues of Core and SLAB in good faith. Attorney Furen referred to distributed maps entitled "Options 'A' and 'B,' The Ringling Tower, II and stated that having conceptual agreements negated cannot continue, which is the reason for creating Options "A" and "B"; that the site plans are the same in relation to the City's right-of-way; that not straddling the right-of-way line was considered the better development; that the difference in Options "A" and "B" is one option preserves the Banyan tree and the other option does not; that every requirement imposed by the City has been met; that the site plan has been determined by professionals and the PBLP as consistent with the City's Comprehensive Plan and compliant with applicable regulations relating to the development of the site; that the request is to approve the development on first reading; that further addressing issues with representatives of Core and SLAB between the first and second reading would be a pleasure; that the request is to not delay the development any longer; that an agreement to contribute the fair-share cost to any outside improvements required to implement a pedestrian access crossing as a result of the traffic circulation analysis has already been reached; that Celt cannot be impeded from exercising Constitutional development rights by studies which are not completed in a timely manner; that considerable funds were paid for the traffic circulation analysis which has been in progress for some time; that the hope was to have the traffic circulation analysis completed prior to the PBLP public hearing but the delay is even further; that obligations have been fulfilled by Celt; that the City has recognized the project development is in compliance with applicable regulations; that the request is for approval of the site plan; that a conclusion should be reached; that 144 of the parking spaces are for the residential condominiums; that the residents prefer to have two parking spaces each; that the analogy of the number of parking spaces compared to any potential use is disingenuous in terms of traffic impact; that hotel rooms and high turnover restaurants utilize and generate more traffic than residential condominium units in the community particularly with the age group which typically purchases units of the high price range offered; that working with Core further to discuss revisions to the site plan between the first and second reading is not a problem; that the concerns regarding the site plan should be clarified; that the requirements of Core can be voluntarily waived sO long as the obligation of Core under the Right-ot-Way Use Agreement 2000 is not increased, which has been indicated on the record; that the dedication of the right-of-way along US 41 will be made as required under the Right-of-Way Use Agreement 2000; that the request is for approval of the development on first reading. Mr. Lawson referred to the previously distributed maps entitled "Options 'A' and 'B,' The Ringling Tower,' a and stated that the maps concern the right-of-way of the vacated First Stret/Ritz-Carlton Boulevard; that the maps were generated in response to telephone conversations with Core representatives following the first site plan submission after the December 8, 2000, meeting of both parties; that Core indicated no modifications would be accepted outside of the City right-of-way, in particular concerning the MURT, after receiving Option A; that revisions allowing for a truck loading/unloading area with a size large enough to accommodate an 18-wheeler truck, which will not have a significant impact especially with the life of the development but could accommodate deliveries, cueing areas for visitors, etc., were made; that the Banyan tree is preserved with an island at the throat of the drive in Option "A"; that the tree is not preserved in Option "B"; that all improvements suggested in the site plan will happen in the right-of-way of the vacated First Street/Rit-Carlton Boulevard; that all development on the Ritz-Carlton property north of the right-of-way line will be exactly as is depicted on the current approved site plan; that the Computer Aided Drafting and Design (CADD) generated sketch previously shown by the representative of Core and SLAB has conflicts in alignment which are not attributed to error other than scaling inconsistencies within the CADD program; that scaling inconsistencies are common in CADD programs i that the governing factors deriving the locations of the alignments are dimensions which are set; that the dimensions are 50 feet of right-of-way from the south BOOK 48 Page 20432 12/18/00 6:00 P.M. BOOK 48 Page 20433 12/18/00 6:00 P.M. right-of-way line which is the north boundary of the Celt property to the boundary of the Ritz-Carlton Hotel property which is the north right-of-way line for the vacated First Street/Ritz-Carlton Boulevard; that the other governing dimension is from the north line to the vacated First Street/Ritz-Carlton Boulevard or the driveway entrance which is 47.5 feet, allowing construction of a wall as the entrance feature for the Ritz-Carlton Hotel; that the dimensions have been maintained and are constant; that all modifications are contained within the 50-foot right-of-way; that the misconception of a traffic volume increase/decrease should be addressed; that more parking spaces are proposed in the development than currently exist on the site; that the determination of de minimis traffic impact was not just based upon numbers of vehicles for storage; that half of 144 resident spaces will most likely be storage spaces for second cars; that the trips generated by the residents and those using the retail and office space would be de minimis in comparison to the high volume turnover and extensive number of maneuvers which currently exist with a 156-seat, 24-hour restaurant and the high occupancy of a 100-room hotel with a large peak hour flow early in the morning and late in the afternoon at checkout times; that nevertheless, the number of parking spaces was increased. Commissioner Quillin stated that the first floor is a flood-proof structure; that the building will be at street level; and asked if landfill will be added? Mr. Lawson stated that the current elevation is 6 feet above sea level; that the Federal Emergency Management Agency (FEMA) elevation in the area is 12 feet; that the actual podium is 39 feet to the main deck; that flood proofing will be added in the form of watertight coiling doors, which have been used in Clearwater, Florida, throughout the lower retail space which will exceed the FEMA elevation of 12 feet. Commissioner Quillin stated that the area floods; that a square footage of retail is being discussed without the expectation of people coming to the property to make purchases but rather the indication all purchases will be made by residents of the property; that the pedestrian access is a question which is shared by the other developments on the west side of the MURT which have encouraged and funded the study to promote pedestrian awareness in the area; that the project is different;. that retail space west of the MURT is already provided for residents who live in the area; that the retail space will be seen as a destination which can be reached without crossing US 41, especially for the office workers; that the retail space still generates peak trips; that proffering out of uses in the highly intensive C-CBD Zone District is not visualized; that certain retail use is high-traffic generating and has not been proffered out of the request for approval. Attorney Furen stated that the retail uses planned are boutique-type uses but are not the type of high-intensity and less desirable uses which may be seen in other portions of the community; that Celt was not aware of the retail use being an issue; that retail use has not been considered as a concern. Commissioner Quillin stated that 30 years ago St. Armands Circle contained boutiques and specialty stores; that time changes elements; that the rezoning of the site will be forever or at least 25 to 30 years. Attorney Furen stated that the plan is to sell the residential units for a high value; that selling to residents who will allow deleterious use of the retail or office space and thus impacting the residential value of the site is not foreseen. Commissioner Cardamone asked if the desire is to cooperate to settle the problems raised by Core and SLAB between first and second reading, if approval is granted? Attorney Furen stated that is correct. Commissioner Cardamone stated that developing the Right-ot-Way Use Agreement 2000 and recontiguration of the vacated First stret/Ritz-Carlton Boulevard, the public right-of-way, condominiums, etc., was difficult; that all elements should be satisfied but may be reconsidered between first and second reading. Attorney Furen stated that working to resolve the concerns in good faith is supported; that the hope is Core and SLAB will also make a commitment to achieving the goal. Attorney Patten stated that Core and SLAB feel victimized by the process; that the Ringling Tower project reached the table on December 8, 2000; that the first revisions were received on December 12, 2000; that three proposals are available at this time, two of which have not been seen; that the concern is the Commission is being requested to approve a site plan which is BOOK 48 Page 20434 12/18/00 6:00 P.M. BOOK 48 Page 20435 12/18/00 6:00 P.M. not properly outlined; that the desire is to proceed through the process correctly, allow time to review revisions, meet again with Celt to discuss issues, and return to the Commission with a site plan and amendment to the Right-of-Way Use Agreement 2000 which is supported by all parties; that the indication was the concern of reducing the four access points to one was not adequately expressed at the December 8, 2000, meeting; that the issues raised concerned the stacking of traffic which would cause trucks to back into the Ritz-Carlton Hotel parking garage to make turns; that the Commission has full legal authority to continue the public hearing until all issues are resolved and is not under a Constitutional or procedural mandate to take action to approve the site plan; that the right-of-way use issues raised earlier were not addressed by the Applicant; that the Right-of-Way Use Agreement 2000 has some specific issues regarding funding, building, and time frames, which required resolution with Celt before the Ritz-Carlton project was finalized; that an agreement should be in place prior to approval of a final site plan; that the request is to. continue the process, allow time to resolve issues, and return to the Commission; that approving the site plan contingent upon resolving issues prior to second reading would be risky; that the events which may occur between first and second reading are unknown; that discussions concerning the site plan should be completed rather than attempting to squeeze discussions between first and second reading; that approval should be contingent upon and subject to an amendment to the Right-ot-Way Use Agreement 2000 signed by all parties if the site plan is approved; that the project should not move forward with concerns left unresolved; that the City is legally committed to and bound by the Right-of-Way Use Agreement 2000 which cannot be ignored; that a plan cannot be approved without creating an amendment; that the approval should be conditioned upon and subject to at least an amendment to the Right-of-Way Use Agreement 2000. Commissioner Cardamone asked the time required to resolve issues if site plan approval is delayed? Attorney Patten stated that all three site plans including the original site plan and Options A and B should be delivered; that 2 weeks may be required depending upon the results of a future meeting with all parties; that an amendment to the Right-of-Way Use Agreement 2000 will require some drafting; that 2 to 4 weeks may be necessary. Commissioner Quillin stated that the Holiday in By the Bay and Denny's Restaurant site was designed for. a specific use which will no longer exist; that problems can be foreseen for the area; and asked if Core and SLAB would have a problem working with the Ringling Tower developer to redesign the entrance to the site? Attorney Patten stated that assisting in redesigning the entrance is supported; that a suggestion for the Ringling Tower to redesign any elements was felt inappropriate and, therefore, not made; that City Staff was insistent patron and service traffic be separated. at the Ritz-Carlton Hotel site; that a separate road was built on the north side of the project to take service vehicles to the back of the Ritz-Carlton Hotel; that the Ringling Tower should also have a separate entrance drive for service vehicles on the west side of the site; that a reconfigured entrance drive may be considered; that the attempt was made to adhere to the proposal to avoid a significant number of changes; that the projects should work to the satisfaction of both parties. Ms. Murphy stated that as the case planner for both projects, the attempt is to create the best design possible for both parties; that the Ritz-Carlton Hotel representatives were not intentionally omitted from meetings; that hurt feelings concerning different issues existed on both sides throughout the process; that the August 10, 2000, letter to the City from a representative of the Core and SLAB did not include a request for a response; that a neighborhood meeting was also held which was attended by the Core and SLAB representatives; that the PBLP, which requested a legal opinion concerning the Right-of-Way Use Agreement 2000, received no correspondence concerning issues raised by Core and SLAB; that the Applicant has fulfilled Staff's requirements; that the Applicant was requested to fund a traffic circulation analysis which was not completed as quickly as expected; however, the obligation was fulfilled; that the site is a destination for people to visit without having to cross US 41; that many negative aspects of the project have been discussed; that elimination of the driveway cuts from US 41 is an enhancement to the pedestrian environment by eliminating potential conflicts between vehicles and pedestrians; that Denny's and the Holiday Inn could decide to put a chain across the other driveways which could not be prohibited by the City; that moving from one site plan to another prepared using a CADD system can cause alignment errors; that 80 percent of first filings for building permits require adjustments to line up with the actual surveyi that a site plan BOOK 48 Page 20436 12/18/00 6:00 P.M. BOOK 48 Page 20437 12/18/00 6:00 P.M. which satisfies both sides can be achieved; that the request is to put parameters on the site plan approval if the decision is to continue the process. Attorney Fournier stated that a comment was made indicating the site plan is inconsistent with the Right-of-Way Use Agreement 2000, FDOT permits, and the Ritz-Carlton Hotel site plan; that the site plan is inconsistent with the Right-of-Way Use Agreement 2000, which is acknowledged; that proposed Ordinance No. 00-4257 acknowledges the inconsistency with Section 5 (e), the Right-of-Way Use Agreement 2000, which provides alternatives of amending the Right-of-Way Use Agreement 2000 or for the Applicant to execute a full waiver and release which would release Core from the obligation to take certain action placed in the agreement for Celt's benefit; that modifying, changing, or increasing any existing modification of Core's obligations will not be done; that the obligations of Core will only be relieved; that the preference is to amend the agreement rather than execute the release sO all parties may be included; that proposed Ordinance No. 00-4257 allows for either alternative; that application has been made to FDOT for permits for curb cuts on US 41 directly into the project; that discussion has been held with the FDOT'S General Counsel who has advised the permits only allow the property owner to have the curb cut but do not mandate a location; that the permits will probably be issued; that the property owners will likely be permitted but not required to make the curb cuts on US 41; that the adequacy of vehicular access is a criteria which should be examined by the Commission as the site plan is approved; that the Commission may address the access if unsuitable; that all the inconsistencies with the Ritz-Carlton Hotel are off-site and within the right- of-way of the vacated First Street/Ritr-Carlton Boulevard and on the Celt property rather than on the Ritz-Carlton Hotel propertyi that the inconsistencies would be addressed by an amendment to the Right-of-Way Use Agreement 2000 or an executed release; that some changes to the Ritz-Carlton Hotel's site plan can be made; that the current plan has a 24-foot curb cut south of the property which would require widening to save the Banyan tree; that the area is on SLAB's property and would require SLAB's agreement. Mr. Daughters stated that the August 10, 2000, letter from the representative of Core and SLAB did not request a meeting with the Engineering Department but only indicated objections; that responding to the objections was not appropriate while the project was still under consideration; that parking spaces do not directly relate to peak-hour traffic. Mr. Daughters referred to the traffic circulation analysis for the intersection of Gulf Stream Avenue and Sunset Drive included in the Agenda backup material which indicates the level of service for different scenarios at US 41 would result in LOS D at the worst case at the intersection of SR 789 and Sunset Drive and stated that LOS D is the City's adopted level of service for the area; that the analysis also shows a reasonable southbound cue length on Sunset. Drive going toward Gulf Stream Avenue; that the analysis which determined the traffic in the area as de minimus was based upon the Institute of Transportation Engineers (ITE) traffic generation manual which indicated a p.m. peak hour generation of 86 trips would occur; that under the current scenario the p.m. peak hour generation is 129 trips; that the analysis does not take into account any internal capture such as a Sunset Towers resident visiting the retail stores at the Ringling Tower; that the analysis indicates traffic would be one car every 80 seconds due to two-way traffic in and out of the area during the p.m. peak hours; that the driveway and the vacated First Stret/Ritr-Carlton Boulevard are both relatively long and provide a long throat in which cars may stack; that the problem with the traffic and signalized analysis was the preexisting curb cuts; that the possibility of retaining a driveway on the site was not entertained as the driveways were indicated as being closed which would provide better capacity for US 41 and the intersection; that the remainder of the traffic circulation analysis, which has not been completed, concerns the pedestrian crossing. Mayor Pillot stated that the Core representative requested the Commission not approve the site plan on first reading but also indicated the request is to require an amendment to the Right- of-Way Use Agreement 2000 if the site plan is approved; and asked if provision is made for an amendment to the Right-of-Way Use Agreement 2000 in proposed Ordinance No. 00-4257? Attorney Fournier stated yes; that proposed Ordinance No. 00-4257 will not become effective unless éither an amendment to the Right-of-Way Use Agreement 2000 or a full waiver and release of the applicable provisions executed by Celt is appended and certified by the City Auditor and Clerk. Mayor Pillot asked if the language in proposed Ordinance No. 00-4257 provides for the concern of Core and SLAB . if the Commission approves the site plan on first reading contingent BOOK 48 Page 20438 12/18/00 6:00 P.M. BOOK 48 Page 20439 12/18/00 6:00 P.M. upon agreement to an amendment to the Right-of-Way Use Agreement 2000? Attorney Fournier stated that 5(e) (1), Right-of-Way Use Agreement 2000, concerns an amendment to the Right-of-Way Use Agreement 2000 and 5 (e) (2), Right-of-Way Use Agreement 2000, concerns the release alternative. Commissioner Cardamone asked if Staff can be allowed more time for additional comment. City Attorney Taylor stated that Staff's presentation is concluded; that the public hearing should be closed; that further Commission dialog can continue as desired. Mayor Pillot asked if Commissioner supplemental remarks includes questions to specific persons? City Attorney Taylor stated no; that Commissioner supplemental remarks are related to information the Commissioners have to place in the record. Mayor Pillot requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4257 by title only. On motion of Commissioner Quillin, it was moved to continue the public hearing to a time certain of approximately 3 to 4 weeks. Motion died for lack of a second. Mayor Pillot asked for legal comment concerning a proposed motion. City Attorney Taylor stated that the search for an appropriate time frame is understood; that the public hearing has been closed; therefore, the anticipation is no additional input will be heard from the parties; that reopening the public hearing would be best if the Commission wishes to hear from the parties again; that the public hearing can remain closed if the Commission does not wish to hear from the parties again but rather deliberate and receive input from Staff; that Staff indicates the deliberations should be continued to the February 5, 2001, Regular Commission meeting considering the number of issues presented; that bringing the parties together to accomplish goals is not easy. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to continue the deliberations to the February 5, 2001, Regular Commission meeting. Commissioner Quillin stated that the amendment to the Right-ot-Way Use Agreement 2000 should be developed sO all parties may resolve issues; that the hope is a better entranceway to the area may be designed and the parties will partner together to design the entranceway; that the remaining portion of the traffic circulation analysis should be completed; that the City must consider the issues and has a legal obligation to resolve the situation with the Right-oE-Way Use Agreement 2000. Commissioner Cardamone asked if the Commission will know if an amendment to the Right-of-Way Use Agreement 2000 has been developed? City Attorney Taylor stated that the intent is to return and advise the Commission; that the Commission can keep options open, if desired. Commissioner Cardamone stated that the development is beautiful and being placed on a corner which has become tired-looking; that the occasion should be joyous for the Ritz-Carlton Hotel as the Ringling Tower project is compatible and will upgrade the entire area which will enhance the Ritz-Carlton Hotel project beautifully; that the immediate reaction was the closing of driveways would eleviate traffic in the area; that the concern is the time taken to approve the Ritz-Carlton project was longi that approving the Ringling Tower project quickly with continuing conflicts between the parties to the Right-of-Way Use Agreement 2000 is worrisome; that both sides of the issue can be argued; that approving the project quickly while also ensuring the Ritz-Carlton Hotel project is satisfied is desired. Vice Mayor Hogle stated that the motion is understood; however, the proposed ordinance should be passed on first reading and second reading postponed until February 5, 2000, with the condition the amendment to the Right-of-Way Use Agreement 2000 must be signed. City Attorney Taylor stated that the public hearing is quasi-judicial; that the Commission would be acknowledging BOOK 48 Page 20440 12/18/00 6:00 P.M. BOOK 48 Page 20441 12/18/00 6:00 P.M. having substantial, competent evidence to support approval which would cause making a different decision at second reading difficult; that leaving the options open is easier. Commissioner Quillin stated that all parties should be able to reach an agreement quickly; that the City is legally responsible for ensuring the amendment to the Right-of-Way Use Agreement 2000 is developed prior to approving site plans concerning the property; that all parties participated in the signing of the Right-of-Way Use Agreement 2000; that the Engineering Department should have passed along to the Commission information received which may have resolved some issues earlier; that all parties should come together to resolve the Right-of-Way Use Agreement 2000 amendment and the new design to the entrance to the vacated First Street/Ritz-Carlton Boulevard which will enhance the area; that the recommended motion allows the quasi-judicial public hearing to continue. Mayor Pillot stated that the motion is not supported as the same result can be achieved consistent with the Applicant's request; that proposed Ordinance No. 00-4275 provides the Right-of-Way Use Agreement 2000 must be amended; that Staff of the City Attorney's Office was twice asked if proposed Ordinance No. 00-4275 provides for an amendment to the Right-of-Way Use Agreement 2000; that the response was affirmative in both instances. Attorney Fournier stated that proposed Ordinance No. 00-4275 has two alternatives: 1) amend the Right-of-Way Use Agreement 2000 or 2) receive waivers to the appropriate sections from Celt; that Core and SLAB would like to see the waiver issued; that Celt would like to amend the Right-of-Way Use Agreement 2000; that the recommendation is to leave the proposed ordinance as is to ensure maximum flexibility. Mayor Pillot stated that the waiver was ignored in deference to Core and SLAB; that the City has certain legal responsibilities as a party to the Right-of-Way Use Agreement 2000; that the same result can be achieved by proceeding with the first reading and ensuring the City's legal requirement are clearly resolved prior to second reading. Commissioner Cardamone requested clarification concerning passing the proposed ordinance on first reading and returning without compromise or agreement between the parties on second reading. City Attorney Taylor stated that the Commission's job would be more difficult; that the application has been through the PBLP and the traffic circulation analysis and arrived subject to conditions in the proposed ordinance with the PBLP's recommendation to approve; that the burden is the record must demonstrate adequate evidence to sustain disapproving the application; that passing proposed Ordinance No. 00-4257 on first reading indicates adequate evidence existed on the record to move forward with approval; however, the Commission is indicating many caveats require answers which makes the situation difficult. Mayor Pillot asked the reason for the problem if the caveats are already in proposed Ordinance No. 00-4257? City Attorney Taylor stated that the ability to cover all caveats by the proposed ordinance is unknown. Mayor Pillot asked the purpose for second reading? City Attorney Taylor stated second reading allows time for the Commission to think subsequent to first reading. Mayor Pillot stated that an ordinance is not in effect until approved at second reading; that the onus. is on the parties; that the Commission can deny the site plan on second reading if the parties do not return with an agreement. City Attorney Taylor stated that a record must be made of not finding substantial, competent evidence to support approval of the site plan. Commissioner Quillin stated that an amendment to the Right-of-Way Use Agreement 2000 could be developed by second reading which is not in the City's best interest. Commissioner Cardamone stated that the project is liked; that assuring completion of necessary agreements concerning the site plan by February 5, 2000, is to the benefit of the presenters and applicants and those who have other agreements with the City; that the motion is supported to delay further consideration of the proposed ordinance until February 5, 2000. Mayor Pillot requested restatement of the motion. BOOK 48 Page 20442 12/18/00 6:00 P.M. BOOK 48 Page 20443 12/18/00 6:00 P.M. City Auditor and Clerk Robinson restated the motion as to reopen the public hearing and continue deliberations concerning proposed Ordinance No. 01-4257 until the February 5, 2001, Regular Commission meeting. Mayor Pillot called for a vote on the motion. Motion carried (4 to 1): Cardamone, yes; Hogle, yes; Mason, yesi Quillin, yes; Pillot, no. 18. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4280, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 1360 13TH STREET, HISTORICALLY KNOWN AS THE GROVER AND PEARL KOONS HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 00-HD-10, APPLICANT RUBY LOIS WOODSON, OWNER) PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #3 (2997) through (3780) City Attorney Taylor stated that the recommendation is to allow 5 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the Applicant is Ruby Lois Woodson, Owner; that the City will have 5 minutes for presentation and 3 minutes for rebuttal; that no individuals have filed for certification as an Affected Person; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. Mayor Pillot stated that hearing the Commission's agreement, the time limits are approved. City Auditor and Clerk Robinson stated that Historic Preservation Application No. 00-HD-10 as incorporated in proposed Ordinance No. 01-4280 provides for designation of the Grover and Pearl Koons House, a one-story balloon wood-frame Mediterranean Revival Style residential structure, and detached guest house built during 1926 and 1927 and located at 1360 13th Street, as structures of historic significance pursuant to the City's Historic Preservation Ordinance; that the Historic Preservation Board at the October 10, 2000, meeting recommended approval based upon the following criteria in Section IV-806 (A) (1) and (4), Zoning Code (1998): (1) Exemplifies the broad cultural, economic, and social history of the City of Sarasota, and (4) Embodies the distinctive visible characteristics of the Mediterranean Revival Style of Architecture. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Mason stated that the structure has' been visited; that a discussion was held with the owner. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Ruby Lois Woodson, owner; stated that the application indicates the name of the structure indicated in the Agenda backup material is the Potter House which should be changed to the Ethel Reed Hayes House; that the house is at 1360 13th Street and is designated as the Grover and Pearl Koons house; that the couple built the house and guest house in the rear of the property; that the house exemplifies the broad cultural, economic, and social history of the City and was built during the land boom period in the State; that the house embodies the visible characteristics of the Mediterranean revival style of architecture; that the house has one bedroom, a living room, sitting room, dining room, kitchen, and bathroom as well as a guest house; that the house is beautiful and should be designated for historic preservation. Commissioner Cardamone asked if designation can be changed from the Grover and Pearl Koons House to the Ethel Reed Hayes House during a quasi-judicial public hearing? Commissioner Quillin stated that the advertising of the public hearing referred to the structures as the Grover and Pearl Koons House, which cannot be changed during the public hearing. City Attorney Taylor stated that the advertisement can create a problem if an error in terms of the name of the property exists; that the error should be corrected. BOOK 48 Page 20444 12/18/00 6:00 P.M. BOOK 48 Page 20445 12/18/00 6:00 P.M. Ms. Woodson stated that Grover and Pearl Koons are the couple who built the house 74 years ago. City Attorney Taylor stated that usually a house is named after the builders; that the name of a house for historic designation has been changed previously. Mayor Pillot asked if proceeding with a different name would be a violation due as proposed Ordinance No. 01-4280 was advertised with the name of the Grover and Pearl Koons House? City Attorney Taylor stated no. Commissioner Cardamone asked if the name requested is in honor of the former occupants? Ms. Woodson stated that Ethel Reed Hayes was the inspiration for the purchase of the house. Commissioner Cardamone stated that Ethel Reed Hayes did not build or live in the house but rather is being honored by the title; that the house can still be designated as the Grover and Pearl Koons House; that the applicant may name the house and place a sign on the house as desired. City Attorney Taylor stated that doing sO is acceptable. Commissioner Cardamone stated that a house should be historically designated for someone who has lived in or built the house. Ms. Woodson referred to displayed slides of the structure and indicated the front of the house and stated that the house had a carport at one time with a garage to the rear; that the garage is now used as a storage room. Commissioner Quillin asked the date the carport was altered? Ms. Woodson stated that the date is unknown. Commissioner Quillin stated that the original house has been modified. Ms. Woodson displayed various views of the home including the rear of the house, the kitchen and the awning leading to the master bedroom which is the only bedroom in the house, the side and view of the house, the guest house, and view of the guest house from the porch and stated that the awning is the entrance to a large room which served as a living room at one time; that Grover Koons used the guesthouse as a photography studio and photographed Ca'd'Zan, former home of John and Mable Ringling; that some of the Grover Koons' photographs of Ca'd'Zan were sold during the remodeling. Commissioner Quillin asked if window modifications have been made to the guesthouse? Ms. Woodson stated that an answer is not known. Commissioner Quillin stated that the windows do not appear original; that the awning windows to the side of the guesthouse look new; and asked if the historic designation is for the house and the guesthouse? Ms. Woodson stated that no evidence has been seen which indicates the windows have been changed. Commissioner Quillin asked the year the house was built? Ms. Woodson stated that the house was built in 1926. Commissioner Quillin stated that aluminum awning windows did not exist in 1926. Ms. Woodson stated that the windows in the house have been nailed shut and are the original windows. Mayor Pillot requested that Staff come forward for the City's presentation. Jane Robinson, Director of Planning and Development, came before the Commission and stated that the October 10, 2000, Historic Preservation Board meeting was not attended; that the Sarasota County Department of Historical Resources writes a report and assists with recommendations concerning historic designation; that the designation is for the house and the detached structure to the rear which is the guesthouse; that County recommends and the Historic Preservation Board unanimously recommends to historically designate the two structures for two reasons : 1) the structures exemplify the broad cultural, economic, and social history of the City and 2) the structures embody the distinctive visible characteristics of the Mediterranean revival style of architecture; that some lots were for sale for $3,000 to $6,000 per lot during the time the subdivision was developed BOOK 48 Page 20446 12/18/00 6:00 P.M. BOOK 48 Page 20447 12/18/00 6:00 P.M. in 1924 to 1927, which was expensive at the time; that the neighborhood was affluent. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot stated that neither the Applicant nor the City has any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4280 by title only. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4280 on first reading. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 19. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4286, TO REZONE APPROXIMATELY 1.09 ACRES FROM THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT AND THE MULTIPLE- - FAMILY- - RESIDENTIAL-3 (RMF-3) ZONE DISTRICT TO THE COMMERCIAL, CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT REAL PROPERTY LOCATED AT 650 NORTH CENTRAL AVENUE; SAID PROPERTY BEING GENERALLY LOCATED NORTH OF 6TH STREET, BOUNDED ON THE EAST BY COHEN WAY, WEST BY CENTRAL AVENUE AND NORTH BY 7TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN APPLICATION 00-SP-31 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NO. 00-RE-18 AND 00-SP-31, APPLICANT JOEL J. FREEDMAN REPRESENTING CAROL L. VENGROFF AND HARVEY VENGROFF) - PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #4 (0064) through (0770) Mayor Pillot stated that proposed Ordinance No. 01-4286 concerns Rezone Application No. 00-RE-18 and Site Plan Application No. 00-SP-31. City Attorney Taylor stated that the recommendation is to allow 10 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that other interested persons will have 5 minutes to speak; that no one has filed for certification as an Affected Person. Mayor Pillot stated that hearing the Commission's agreement, the time limits are approved. City Auditor and Clerk Robinson stated that proposed Ordinance No. 01-4286 is to rezone approximately 1.09 acres of land located at 650 North Central Avenue from the Commercial, Intensive (CI) and Multi-Family Residential-3 (RMF-3) to the Commercial, Central Business District (C-CBD) Zone District; that the applicant is Joel J. Freedman, AICP, President, Freedman Consulting Group, agent for Carol L. and Harvey Vengroff, owners. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Mr. Freedman and Gary Hoyt, President, Hoyt-DSW Architects & Planners, came before the Commission. Mr. Freedman distributed a rendering of the proposed development and stated that the subject property is located at 650 North Central Avenue and is approximately 1 acre in size; that the property located on the frontage of Central Avenue is currently in the CI Zone District; that the portion of the property located on Cohen Way is currently in the RMF-3 Zone District; that the proposal is to rezone the entire property to the C-CBD Zone District; that Site Plan Application No. 00-SP-31 is for one- and two-story structures, including 14 residential dwelling units and 7,600 square feet of commercial office space; that sufficient parking space will be located between the proposed residential and commercial units; that Site Plan Application No. 00-SP-31 has been proffered as a condition of the rezoning; that Staff considered Rezone Application No. 00-RE-18 and Site Plan Application No. 00-SP-31 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) i that a utility easement is currently located on the southern boundary of the propertyi that the owners originally intended to vacate and relocate the utility easement; however, the utility easement will be BOOK 48 Page 20448 12/18/00 6:00 P.M. BOOK 48 Page 20449 12/18/00 6:00 P.M. maintained and used as a pedestrian connection between Cohen Way and Central Avenue. Mr. Freedman continued that the owners were required to complete the project in a short period of time; that otherwise, the property will be resold to the City in accordance with the Purchase and Sales Agreement, which also requires the owners to apply for a building permit following approval of Site Plan Application No. 00-SP-31 by the Development Review Committee (DRC); that the owners applied for a building permit following DRC approval; that the City required the owners to complete the approved project in 15 months following issuance of a building permit; that 15 months will be sufficient to complete the proposed project. Mr. Hoyt referred to the rendering of the project and stated that the edge of the proposed commercial buildings will be located directly on the frontage of Central Avenue which is consistent with other buildings near the subject property; that commercial offices will be located on the first floor of the proposed building on Central Avenue; that residential units will be constructed on the second floor of the proposed Central Avenue building and can be accessed from Central Avenue and the proposed parking area on the property; that Crime Prevention Through Environmental Design (CPTED) principles were incorporated into the design of the proposed project. Commissioner Cardamone asked if a third story is planned for the proposed building? Mr. Hoyt stated that the proposed building will vary between one and two stories; that a third story was originally proposed; however, Staff recommended the third story be eliminated. Mayor Pillot requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the Applicants provided an accurate analyses of the proposed project and have cooperated with Staff at all times; that the Planning Board/Local Planning Agency (PBLP) held a public hearing at its November 1, 2000, Regular PBLP Meeting to consider Rezone Application No. 00-RE-18 and Site Plan Application No. 00-SP-31, determined both applications met the standards for review in the Zoning Code (1998) and were consistent with the City's Comprehensive Plan, the City's Purchase and Sales Agreement with the owners, and the Tree Protection Ordinance, and recommends Commission approval; that the C-CBD Zone District was not the preferred choice of Staff; however, the City does not possess a zone district which better accommodates low intensity, mixed-use development with zero setbacks; that Staff examined rezoning the property to the Commercial, Residential Transition (CRT) Zone District; however, the CRT Zone District does not permit a zero setback from the street; that the proposed project will enhance the built environment of the surrounding area. Commissioner Quillin asked the uses proffered out of the proposed rezoning of the property? Ms. Murphy stated that the Purchase and Sales Agreement outlines the permitted uses of the property; that Site Plan Application No. 00-SP-31 complies with the Purchase and Sales Agreement. Commissioner Quillin stated that proposed Ordinance No. 01-4286 does not mention approved uses of the property. City Attorney Taylor referred to the First Amendment to the Purchase and Sales Agreement concerning the permitted uses of the property as follows: 10. Future Development: Buyer covenants to construct a storefront commercial facility on the Property. The commercial use shall be a minimum of 7,500 square feet. In addition, Buyer covenants to construct at lease four residential units on the Property. Buyer covenants to also construct a parking facility containing no more than 70 parking spaces. City Attorney Taylor continued that proposed Ordinance No. 01-4286 requires construction in accordance with Site Plan Application No. 00-SP-31. Ms. Murphy stated that commercial uses potentially deemed incompatible with nearby neighborhoods by the Commission are not excluded from Site Plan Application No. 00-SP-31, the Purchase and Sales Agreement, and proposed Ordinance No. 01-4286; that the Commission could request the Applicant to address and proffer out any uses deemed incompatible with nearby neighborhoods. BOOK 48 Page 20450 12/18/00 6:00 P.M. BOOK 48 Page 20451 12/18/00 6:00 P.M. Commissioner Quillin stated that the proposed development may establish an enclave in the Rosemary District; that the land use proposed in the development is compatible with nearby uses; however, the C-CBD Zone District is too intensive for the Rosemary District; that the property is included in the Tax Increment Financing (TIF) District; that the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020) will be adopted by the time the proposed development is constructed; that a revision to the Zoning Code (1998) will also be adopted and may permit the type of development sought on the property without designation as a high intensity zone district; that action should be delayed until revisions to the Zoning Code (1998) as part of the Master Plan 2020 are adopted; that the existing CI and RMF-3 Zone Districts will permit the owners to proceed with construction of the proposed development. Ms. Murphy stated that Staff expressed similar concerns in considering the proposed development; however, the timeframe set by the Purchase and Sales Agreement required the Qwners to obtain approval for the project from the DRC immediately. Commissioner Quillin asked if the proposed commercial units could be constructed on property in the CI Zone District? Ms. Murphy stated that the setback requirements of the CI Zone District would not allow construction of the proposed commercial units. Commissioner Quillin stated that the owners could obtain a variance for construction of the proposed commercial units. Commissioner Cardamone stated that the owners are attempting to construct a development previously desired by and according to the guidelines set by the Commission and should be permitted to do SO. Ms. Murphy stated that future alterations to more intensive uses on the property would require approval by the Commission; that the Commission's adoption of proposed Ordinance No. 01-4286 is contingent upon Site Plan Application No. 00-SP-31, the alteration of which will require the approval of the Commission. Commissioner Quillin stated that the C-CBD Zone District should be assigned only to properties located in commercial and central business areas and not in neighborhoods; that a less intense zone district designation is desired for the property. Mayor Pillot stated that Staff examined all possible zone district designations for the property and recommended the C-CBD Zone District after careful analysis; that the recommendations of Staff and the Administration are supported. Ms. Murphy stated that Staff was determined to fulfill the intent of the Purchase and Sales Agreement and the wishes of the Commission. Mayor Pillot stated that potential future land uses is not a concern; that the proposed development is for commercial and residential units; that people will not desire to live in the residential units if undesirable commercial uses are located nearby. Mayor Pillot requested that other interested persons come forward. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Pillot requested that the Applicant come forward for rebuttal. Mr. Freedman stated that the CI Zone District does not permit residential developments; that the proposed development is for residential units above commercial units; that the CI Zone District prohibits construction of the second-floor residential units. Commissioner Quillin stated that the proposed development should be postponed until the revisions to the Zoning Code (1998) concerning the Master Plan 2020 are adopted. Mr. Freedman stated that postponement would require the expenditure of significant funds by the owners; that the C-CBD Zone District permits construction of the proposed development immediately; that the Zoning Code (1998) does not currently contain a mixed-use zone district. Mayor Pillot requested that the City come Eorward for rebuttal. City Auditor and Clerk Robinson stated that the City has no rebuttal. BOOK 48 Page 20452 12/18/00 6:00 P.M. BOOK 48 Page 20453 12/18/00 6:00 P.M. Mayor Pillot requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4286 by title only. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 01-4286 on first reading. Vice Mayor Hogle stated that the proposed development is supported and pleasing. Commissioner Mason concurred and stated that she was born near Eighth Street at Central Avenue; that her grandfather previously owned a barbershop on the property; that the proposed development will assist in the rejuvenation of the property and nearby neighborhoods; that the Commission desired such development on the property; that the efforts of the owners to fulfill the guidelines and timeframe set by the Commission are appreciated. Commissioner Quillin stated that all rezoning should be postponed until after adoption of the revisions to the Zoning Code (1998) related to the Master Plan 2020; that proposed Ordinance No. 01-4286 will not be supported; that the C-CBD Zone District is too intense a land use designation for the nearby neignbornoods; that proposed Ordinance No. 01-4286 should be revised to include only certain land uses; that future development of the property may conflict with nearby neighborhoods. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Pillot, yes; Quillin, no; Cardamone, yes; Hogle, yes; Mason, yes. 20. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #4 (0770) There was no one signed up to speak. 21. UNFINISHED BUSINESS: REPORT RE: ANNUAL RECAP OF ACTIVITIES FROM THE HISPANIC-AMERICAN ALLIANCE - REPORT PROVIDED (AGENDA ITEM VI-1) #4 (0770) through (1008) Mayor Pillot stated that the grant funding agreement of the City and the Hispanic American Alliance for Family and Progress (HAA) expired on September 30, 2000; that the Executive Director, HAA, requested the opportunity to make a presentation to the Commission. Commissioner Cardamone stated that the reports of the organizations financially supported by . the City should be considered on the Agenda with the reports of the City's advisory boards. City Auditor and Clerk Robinson stated that the reports of such organizations are considered under Consent Agenda No. 1; however, the HAA requested the opportunity to present the report to the Commission. Yolanda Halstead, Executive Director, HAA, came before the Commission, distributed copies of the July, August and September 2000 HAA service and client count reports, referred to photographs depicting the HAA's holiday activities, and stated that the total number of clients served by HAA during July, August and September 2000 was 1,192; that HAA reports 1,377 services offered to the public during the same period; that HAA recently sponsored a regional retreat which was well attended; that the number of HAA Clients continues to increase; that services offered by HAA continue to diversify and increase; that HAA will continue to provide reports to the City for informational purposes; that housing issues are a significant concern of HAA; that the Thanksgiving and Christmas holidays are important to Hispanic-American families; that HAA provided meals to families for Thanksgiving and provided gifts to over 400 children for Christmas; that the Salvation Army, Sarasota Corps (Salvation Army), donated gifts for 200 of. the children; that the Salvation Army and HAA visited. each family to which gifts were donated; that members of HAA provided translation services for the Salvation Army; that other local organizations and individuals donated gifts for the children; that the Ambassadors' Club of the University of South Florida provided a Mr. and Mrs. Santa Claus and donated gifts for the children; that a tent was rented to store gifts, which were too numerous to house in the HAA office. Mayor Pillot stated that holiday greetings and warm wishes are extended to Ms. Halstead and HAA. BOOK 48 Page 20454 12/18/00 6:00 P.M. BOOK 48 Page 20455 12/18/00 6:00 P.M. 22. UNFINISHED BUSINESS: APPROVAL RE: REQUEST TO SCHEDULE SKATEBOARD PARK WORKSHOP FOR JANUARY 16, 2001, 2:00 4:00 P.M. ADMINISTRATION TO SCHEDULE A WORKSHOP CONCERNING A SKATEBOARD PARK FOR JANUARY 2001 (AGENDA ITEM VI-3) #4 (1010) through (1120) City Manager Sollenberger stated that at its November 19, 1999, Regular meeting, the Commission agreed to include a skateboard park in the Payne Park Master Plan; that a conceptual plan was prepared as part of the Downtown Sarasota: Master Plan 2020 (Master Plan 2020) indicating a skateboard park near the center of the park; that Sarasota County is currently constructing a skateboard park in North Port; that a consultant in skateboard park design is working with Sarasota County and will be involved in the project though the end of January 2001; that the Administration's recommendation is to schedule a workshop concerning the elements of a skateboard park and site considerations at Payne Park; that a date of January 16, 2001, was initially specified; however, scheduling a workshop concerning commercial vehicles is also desired; that the citizens' advisory committee studying commercial vehicles in neighborhoods is available on January 16, 2001, but not January 2, 2001; that the Commission's agreement to schedule a workshop at the Commission's convenience in January 2001 is sought. Mayor Pillot asked the wishes of the Commission. Vice Mayor Hogle stated that scheduling a workshop in January 2001 is supported. Commissioner Quillin stated that a public hearing concerning locating a skateboard park in Payne Park has not been held; that some concerns regarding locating a skateboard park in Payne Park have been expressed; that the hope is the consultant will be provided the latitude to consider other locations; that the neighborhood near Payne Park is concerned about noise generated from a skateboard park; that scheduling a workshop is acceptable; however, the identification of Payne Park as : the location for a skateboard park has progressed without a public hearing. Commissioner Cardamone stated that the procedure has not been to hold a public hearing prior to a workshop; that generally workshops are held to educate the Commission, followed by a public hearing. Commissioner Quillin stated that the decision to locate a skateboard park in Payne Park was made without a public hearing. Commissioner Cardamone stated that public hearings concerning the Payne Park Master Plan were held; that the Parks, Recreational and Environmental Protection Advisory Board held public hearings; that the skateboard park was incorporated in the Payne Park Master Plan. Commissioner Quillin stated that a skateboard park was not incorporated in the Payne Park Master Plan. Mayor Pillot stated that a review of the minutes can be conducted to determine if a skateboard park was incorporated in the Payne Park Master Plan at the public hearings. 23. NEW BUSINESS: APPROVAL RE: BORROWING FROM FIRST FLORIDA GOVERNMENTAL. COMMISSION (FFGFC) TO GET A JUMP. - START ON THE DOWNTOWN REDEVELOPMENT MASTER PLAN APPROVED (AGENDA ITEM VII) #4 (1120) through (1550) City Manager Sollenberger stated that an opportunity is presented to obtain funding for City projects at a reasonable rate; that the hope is to obtain funding at a reasonable rate for projects identified in the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020); that a project for which funding is provided through the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax extension, is a streetscape project on Main Street east of Orange Avenue to School Avenue; that the business community expressed significant interest in having the project proceed; that the available funding is: Amount Fiscal Year $500,000 2000/01 $1 million 2001/02 City Manager Sollenberger stated that advancing the project may be desirable to demonstrate an indication the Community Redevelopment Agency (CRA) and Commission are serious concerning redevelopment, i that advancing the projects on Lemon Avenue involving the intersection of Pineapple and Lemon Avenues and the Lemon Avenue Mall was also discussed. BOOK 48 Page 20456 12/18/00 6:00 P.M. BOOK 48 Page 20457 12/18/00 6:00 P.M. Gibson Mitchell, Finance Director, Finance Department, came before the Commission and stated that the City is a member of the First Florida Governmental Financing Commission (FFGFC) and has an opportunity to borrow funds from FFGFC, which is preparing to issue bonds to generate funds for loans to members; that the rates and issuance costs are less than the City would pay if borrowing alone; and referred to projects identified in the Master Plan 2020 as follows: Project D3, Intersection of Pineapple and Lemon Avenues, Project D7, the Lemon Avenue Mall, and Project D9, the Main Street Streetscape. Mr. Mitchell stated that Projects D3, Intersection of Pineapple and Lemon Avenues, and D7, the Lemon Avenue Mall, have a total cost of $2.3 million; that Environmental Land Management Study (ELMS) Gas Tax and Tax Incremental Financing (TIF) funds are identified as funding sources; however, the funds will not be available until 2003; that Project D9, the Main Street Streetscape, has a cost of $2.5 million; that the L.O.S.T. extension is the funding source; however, the funds will not be totally available until 2002; that the FFGFC will issue bonds in March 2001; that the City will be required to make a loan commitment prior to January 1, 2001; that FFGFC is the least- cost method of borrowing available to the City; that Commission approval is recommended. Commissioner Quillin asked the recommended amount to borrow? Mr. Mitchell stated that the amount is at the discretion of the Commission. City Manager Sollenberger stated that the recommendation is to borrow $4.8 million for Projects D3, the Intersection of Pineapple and Lemon Avenues, and D9, the Main Street Streetscape; that the City can proceed if the capital improvement is not inconsistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) Commissioner Quillin asked the manner in which the funds will be repaid? Mr. Mitchell stated that $2.5 million for Project D9, the Main Street Streetscape, is designated in the L.O.S.T. extension; that FFGFC requires the City budget and covenant all available non ad valorem revenues to pay the debt; that the capital improvement projects in the Master Plan 2020 were prioritized for funding through the ELMS Gas Tax or TIF revenues for years 1 through 5 in conjunction with the Downtown Association; that at the December 18, 2000, Special meeting, the CRA was provided an estimate of $125 million in TIF revenues during the next 30 years. Mayor Pillot asked if any financial risk is presented? Mr. Mitchell stated that a response is difficult; that borrowing funds requires a pledge to repay the principal and interest; that the City could be placed at risk if not prudent; however, the City is not being placed at risk with the ability with FFGFC to repay from non ad valorem revenues. Commissioner Quillin asked if TIF revenues are considered ad valorem revenues. Mr. Mitchell stated that TIF revenues are considered as non ad valorem revenues . as the City does not receive the revenues from the Tax Collector but rather from the governmental entities which are part of the TIF district; that the City pays into the trust fund of the Community Redevelopment Agency (CRA) as does Sarasota County. Paul Thorpe, Executive Director, the Downtown Association of Sarasota, Inc., 1818 Main Street (34236), came before the Commission and stated that Staff's recommendation is enthusiastically supported; that the Commission is encouraged to seek the opportunity to borrow the funds to begin some projects identified in the Master Plan 2020 as soon as possible; that the Administration was approached approximately a year ago with the indication some members of the business community and a financial institution were willing to lend the City the funds until L.O.S.T. extention funds became available; that the rate from FFGFC is considerably better; that the opportunity is wonderful; that the developers of the Kane Plaza, for example, have made an investment in the community and are eagerly anticipating further infrastructure redevelopment; that areas surrounding Main Street have been completed; however, work on Main Street has never been completed; that some L.O.S.T. extension funds are available to begin work; that a great statement would be made to the community if the CRA and the BOOK 48 Page 20458 12/18/00 6:00 P.M. BOOK 48 Page 20459 12/18/00 6:00 P.M. Commission which have worked for a year on the Master Plan 2020 would commence the work to get the job completed. City Manager Sollenberger stated that the Administration's recommendation is to borrow $4.8 million from FFGFC to initiate construction of Projects D3, Intersection of Pineapple and Lemon Avenues, and D9, Main Street Streetscape, of the Master Plan 2020. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to borrow $4.3 million from First Florida Governmental Financing Commission (FFGFC) to initiate construction of Projects D3, Intersection of Pineapple and Lemon Avenues, and D9, Main Street Streetscape, of the City of Sarasota, Downtown Master Plan 2020. Commissioner Cardamone stated that every investment in Main Street and other Downtown areas has paid off very well with the further activity of private investment; that taking advantage of the opportunity for the low interest rate is the next step in the progress made to date. Vice Mayor Hogle stated that the City has had a wonderful opportunity to hold a charette and debate the Master Plan 2020 for a long period of time; that the focus of Projects D7 and D9 of the Master Plan 2020 is a personal preference; therefore, the motion will be supported. Commissioner Quillin stated that the Master Plan 2020 has not been presented to the Commission; that the CRA reviewed the Master Plan 2020 on December 18, 2000, and made recommendations for presentation to the Commission; that other actions are required prior to implementation of the Master Plan 2020, which must be presented to the other involved taxing authorities for approval; that a taxing authority may not approve the Master Plan 2020. City Attorney Taylor stated that the other taxing authorities are not required to approve but may comment concerning the Master Plan 2020. Commissioner Quillin stated that in previous discussions, Special Legal Counsel indicated Sarasota County can review the Master Plan 2020 and determine a new plan has been developed; that legal precedence to such a determination exists. Mayor Pillot asked for legal comment. City Attorney Taylor stated that Special Legal Counsel indicated approval by the other taxing authorities is not required as long as the boundaries of the CRA district are not expanded and the prior plan is being updated, which was felt to have been previously communicated to the CRA. Commissioner Quillin stated that reviewing the Polk County challenge is requested. Mayor Pillot called for a vote on the motion to borrow $4.3 million from First Florida Governmental Financing Commission (FFGFC) to initiate construction of Projects D3, Intersection of Pineapple and Lemon Avenues, and D9, Main Street Streetscape, of the City of Sarasota, Downtown Master Plan 2020. Motion carried (4 to 1): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, no; Pillot, yes. 24. NEW BUSINESS: APPROVAL RE : AUTHORIZE ADMINISTRATION TO REQUEST SARASOTA COUNTY TO HAVE THE COASTAL ADVISORY COMMITTEE REVIEW THE NEW PASS MAINTENANCE DREDGING MATTER AT THEIR NEXT MEETING = APPROVED (AGENDA ITEM VII-2) #4 (1550) through (1642) City Manager Sollenberger stated that a discussion was held with the Town Manager, Town of Longboat Key, concerning the channel alignment of New Pass, the proposed US Army Corps of Engineers (USACE) dredging, and presenting the dredging issue to the Sarasota County Coastal Advisory Committee (Committee); that the agreement is to request the Commission authorize sending a letter to Sarasota County requesting Committee review. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission, displayed a May 30, 2000, aerial photograph of Longboat and Lido Keys including New Pass, and stated that USACE proposes to dredge sand from New Pass immediately adjacent to the north side of the current natural channel; that at the November 30, 2000, USACE public meeting, objections to the plan were presented on behalf of the City as the history of the area is significant erosion occurs on the northern tip of Lido Key due to movement of the channel tide to the south; that the proposal is to present the issue of channel dredging to the Committee, which Staff considers a good idea. BOOK 48 Page 20460 12/18/00 6:00 P.M. BOOK 48 Page 20461 12/18/00 6:00 P.M. City Manager Sollenberger stated that the Administration recommends approval to request Sarasota County have the Committee review the proposed maintenance dredging of New Pass at the next Committee meeting. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to request Sarasota County have the Sarasota County Coastal Advisory Committee review the proposed maintenance dredging of New Pass. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 25. BOARD APPOINTMENTS: APPOINTMENT RE: BOARD OF ADJUSTMENT - APPOINTED ELMER BERKEL AND REAPPOINTED JOYCE MINTZER (AGENDA ITEM VIII-1) #4 (1642) through (1775) Mayor Pillot stated that the terms held by Joyce Mitzner and John Browning have expired; that Mr. Browning is not eligible for reappointment; that Ms. Mintzer is eligible for reappointment and expressed interest. Vice Mayor Hogle nominated Elmer Berkel, former Commissioner and Mayor, for appointment. Vice Mayor Hogle stated that information is available concerning the candidate for reappointment. City Auditor and Clerk Robinson stated that the candidate for reappointment is interested in reappointment and has opened a campaign account for the March 2001 Commission election; that resignation from any City advisory board is not required if the position is not compensated. Elmer Berkel received 5 votes: Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Quillin nominated Joyce Mintzer for reappointment. Mayor Pillot stated that Lou Ann Palmer, former Mayor, Commissioner, and member of the Planning Board/Local Planning Agency (PBLP), has also opened a campaign account for the March 2001 Commission election and, therefore, resigned from the PBLP; that the ethics of Ms. Mintzer are beyond question; however, the precedence of Ms. Palmer is good; therefore, the nomination will not be supported. Commissioner Quillin stated that the Board of Adjustment does not make recommendations to the Commission; that a Commission candidate's service on the Board of Adjustment is not a concern. Joyce Mintzer received 4 votes: Cardamone, yes; Hogle, yesi Mason, yes; Quillin, yes. Mayor Pillot announced the appointment of Elmer Berkel and the reappointment of Joyce Mintzer to the Board of Adjustment. 26. BOARD APPOINTMENTS : APPOINTMENT RE: CITIZENS WITH DISABILITIES ADVISORY BOARD - REAPPOINTED DONALD DAWKINS, TERRI BERKET, ROBERT BRACHLE, MARY CINER, AND JUDITH MARTIN (AGENDA ITEM VIII-2) #4 (1775) through (1805) Mayor Pillot stated that the terms of Mary Ciner, Donald Dawkins, Terri Berket, Judith Martin and Robert Brachle have expired; that each is eligible and has expressed interest in reappointment; that Carol Benigno, Amy Featherman Goetz, and Rainer Rosarius have filed applications expressing interest in appointment. Commissioner Quillin nominated Donald Dawkins for reappointment. Mayor Pillot, who passed the gavel to Vice Mayor Hogle, nominated Terri Berket, Robert Brachle, Mary Ciner, and Judith Martin for reappointment. Hearing no other nominations, Vice Mayor Hogle called for the vote on the nominations. Donald Dawkins, Terri Berket, Robert Brachle, Mary Ciner, and Judith Martin each received 5 votès: Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Vice Mayor Hogle announced the reappointment of Donald Dawkins, Terri Berket, Robert Brachle, Mary Ciner, and Judith Martin to the Citizen's with Disabilities Advisory Board. 27. BOARD APPOINTMENTS: APPOINTMENT RE: : PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD REAPPOINTED KENNETH MCMILLEN AND ROBERT GOREVAN AND APPOINTED DALE DOUGHERTY AND MILDRED SMALL (AGENDA ITEM VIII-3) BOOK 48 Page 20462 12/18/00 6:00 P.M. BOOK 48 Page 20463 12/18/00 6:00 P.M. #4 (1810) through (1890) Mayor Pillot stated that the terms held by Kenneth McMillen, Joe Moraca, and Robert Gorevan have expired; that Daniel Walton has resigned; that Messrs. McMillen and Gorevan are eligible and have expressed interest in reappointment; that Mr. Moraca does not wish to be reappointed; that Mildred Small and Dale Dougherty have filed applications expressing interest in appointment. Vice Mayor Hogle nominated Kenneth McMillen and Robert Gorevan for reappointment. Mayor Pillot called for a vote on the nominations. Kenneth McMillen and Robert Gorevan each received 5 votes: Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Commissioner Cardamone nominated Dale Dougherty for appointment. Commissioner Cardamone stated that neither Mr. Dougherty nor Ms. Small are personally known; that both have excellent credentials; that Mr. Dougherty resides in the same district as Mr. Moraca, who is resigning. Commissioner Quillin nominated Mildred Small for appointment. Mayor Pillot called for the vote on the nominations. Dale Dougherty received 5 votes: Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mildred Small received 5 votes: Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot announced the reappointment of Kenneth McMillen and Robert Gorevan and the appointment of Dale Dougherty and Mildred Small to the Parks, Recreation, and Environmental Protection Advisory Board. 28. BOARD APPOINTMENTS: : APPOINTMENT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY APPOINTED KENNETH SHELIN AGENDA ITEM VIII-4) #4 (1890) through (2025) Mayor Pillot stated that Lou Ann Palmer has resigned from the Planning Board/Local Planning Agency (PBLP), effective January 4, 2001; that Kenneth Shelin and Donald Saba have filed applications expressing interest in appointment. Vice Mayor Hogle nominated and Donald Saba for appointment. Vice Mayor Hogle stated that Mr. Saba possesses a bachelor's degree, has a background in planning, and is a life-long resident of the City, with a family history of supporting community activities. Commissioner Quillin nominated Kenneth Shelin for appointment. Commissioner Quillin stated that Mr. Shelin has an extensive background of being active in the community and understanding the regulatory requirements of government and would be excellent as a member of the Planning Board/Local Planning Agency (PBLP). City Auditor and Clerk Robinson stated that the application of Mr. Saba should not have been included for nomination; that the Zoning Code (1998) was reviewed to determine requirements for eligibility and has a requirement that PBLP members must be electors of the City; that owning property in the City does not meet the criteria. Commissioner Cardamone stated that Mr. Saba is moving into the City shortly; and requested clarification of the definition of "elector." Mayor Pillot stated that an elector is someone who is registered to vote. Commissioner Cardamone asked if Mr. Saba could be registered to vote at the home to which he is moving? Commissioner Quillin stated that one must be registered to vote at the place of residence. City Auditor and Clerk Robinson stated that a request has been made to reconsider the requirement during the next update of the Zoning Code (1998) and return to the criteria for eligibility of residency of or property ownership in the City. BOOK 48 Page 20464 12/18/00 6:00 P.M. BOOK 48 Page 20465 12/18/00 6:00 P.M. Mayor Pillot stated that, therefore, Mr. Saba is not currently eligible to serve on the PBLP; that Mr. Shelin may or may not be an elector. City Auditor and Clerk Robinson stated that the application form will require revision until such time as the requirement is changed. Mayor Pillot stated that the appointment of Mr. Shelin would be reversed if a determination is made that Mr. Shelin is not an elector of the City. City Auditor and Clerk Robinson stated that is correct; that the Supervisor of Elections will be contacted on December 19, 2000, to assure Mr. Shelin is an elector. Mayor Pillot called for a vote of the nomination. Kenneth Shelin received 5 votes: Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot announced the appointment of Kenneth Shelin to the Planning Board/Local Planning Agency (PBLP). 29. BOARD APPOINTMENTS: APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL BOARD - APPOINTED DEANE CARROLL ALLYN (AGENDA ITEM VIII-5) #4 (2025) through (2225) Mayor Pillot stated that the term held by Harvey Rothenberg expired in November 2000; that Mr. Rothenberg is not eligible for reappointment; that Deane Carroll Allyn, Lynn Robbins Farrow, Steven Judd, Herbert Wasserman, Patricia Ondrick, and Jerry Roucher have filed applications expressing interest in appointment. Vice Mayor Hogle nominated Deane Carroll Allyn for appointment and stated that Ms. Allyn has been a resident since 1976 and greatly involved in the arts and culture in the community. Mayor Pillot stated that Steven Judd has withdrawn application due to the high respect for Ms. Allyn and the belief Ms. Allyn's background in the management and production of arts activities make her an excellent member of the Van Wezel Performing Arts Hall (VWPAH) Board. Commissioner Cardamone agreed but stated that Ms. Allyn does not live in the City; that honoring the Commission's commitment to appointing City residents first is important if City residents have applied; that Ms. Allyn is personally well known and respected. City Auditor and Clerk Robinson stated that the time is 11:35 p.m.i that a motion is required to extend the meeting. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to extend the meeting to complete the Agenda. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot asked which applicants are City residents? Commissioner Cardamone stated that Lynn Robbins Farrow is a former VWPAH Board member and is a City resident and nominated Lynn Robbins Farrow for appointment. Mayor Pillot stated that the: preference for City residents has been honored by the Commission for a long time; that years ago, a nationally respected artist was willing to serve on the Public Art Committee but was not a City resident; that the input of the individual was lost due to the requirement to live in the Cityi that Ms. Allyn's background is unusually valuable; that the value should supercede the requirement for City residency, especially as the VWPAH is probably used more frequently by non-City than City residents; that the background of Ms. Robbins is known and respected; however, the background of Ms. Allyn, as Executive Director of the Sarasota Opera House (Opera) and prior as a member of the Opera's Board of Directors, is directly related to the. work of the VWPAH Board; therefore, the appointment of Ms. Allyn is supported. Vice Mayor Hogle agreed and stated that Ms. Allyn is a strong supporter of the arts and culture in the community and would be an ideal member of the VWPAH Board. Commissioner Cardamone stated that the comments of the Mayor and Vice Mayor are indisputable; however, the criterion is to give preference to City residency. Mayor Pillot stated that the criterion is not binding. Commissioner Mason asked for clarification of the criteria for membership on the VWPAH Board. BOOK 48 Page 20466 12/18/00 6:00 P.M. BOOK 48 Page 20467 12/18/00 6:00 P.M. City Auditor and Clerk Robinson stated that the VWPAH has six members; that four members must be City residents; that currently, four members are City residents. Mayor Pillot stated that the criterion is satistied. Mayor Pillot called for the vote on the nominations. Deane Carroll Allyn received 5 votes: Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. Mayor Pillot announced the appointment of Deane Carroll Allyn to the Van Wezel Performing Arts Hall Board. 30. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (2225) There were no Commission Board or Committee reports. 31. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA = ADMINISTRATION WILL INVESTIGATE THE FEASIBILITY AND IMPACT OF ADDING TENNIS COURTS TO THE PARKING LOT AT THE LIDO BEACH POOL AREA (AGENDA ITEM X) #4 (2225) through (2395) COMMISSIONER CARDAMONE: A. stated that a citizen proposed adding tennis courts to the parking lot at the Lido Beach pool area near the Radisson Hotel; that Commission agreement for Staff to investigate the feasibility and impact of adding tennis courts in the area. Mayor Pillot stated that Staii's consideration is supported. City Manager Sollenberger stated that Staff will investigate the feasibility and impact of adding tennis courts to the parking lot at the Lido Beach pool area. B. referred to the November 30, 2000, memorandum from Patrizia Barbone, Senior Neighborhood Planner, to City Manager Sollenberger attached to the December 12, 2000, Commission Information Memorandum included in the Agenda backup material; and stated that the progress on the Neighborhood Action Strategies is pleasing and represented the most significant amount of good news seen in a long time; that the information is appreciated. VICE MAYOR HOGLE: A. stated that a brief update on the status of the West Coast Florida Symphony (FWCS) project would be appreciated. V. Peter Schneider,, Deputy City Manager, came before the Commission and stated that several meetings have been held with FWCS, most recently on December 14, 2000; that negotiating the subleasing requirements and the cost to the City of leasing the 800-seat concert hall has taken the most time, both of which are almost resolved; that the City Attorney's Office prepared a drait agreement which was reviewed with the VWPAH Executive Director on December 18, 2000, and will be sent to the Attorney for FWCS on December 19, 2000; that the FWCS project will be reviewed by the Development Review Committee on January 3, 2001; that the schedule desired by FWCS should be achieved. COMMISSIONER QUILLIN: A. wished everyone a happy holiday season. Mayor Pillot stated that a Special Commission. meeting is scheduled for December 19, 2000, holiday greetings will be reserved for that time. 32. OTHER AITIESABKIIETAIIVA OFFICERS (AGENDA ITEM XI) #4 (2395) through (2420) CITY AUDITOR AND CLERK ROBINSON: A. stated that the presentations for the Palm Avenue parking garage were scheduled for January 17, 2000; however, scheduling problems have developed; that another date will be scheduled; that the Commission will be advised. BOOK 48 Page 20468 12/18/00 6:00 P.M. BOOK 48 Page 20469 12/18/00 6:00 P.M. 33. ADJOURN (AGENDA ITEM XII) #4 (2420) There being no further business, Mayor Pillot adjourned the Regular meeting of December 18, 2000, at 11:45 p.m. sehs Gid GENE M. PILLOT, MAYOR 7 AENTE C à, - A Ro bey & BILII E. @SBINEON, CITY AUDITOR AND CLERK 2 a o