MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 4, 1999, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : Commissioner Carolyn J. Mason PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: CERTIFICATES OF APPRECIATION TO THE YOUTHS THAT PARTICIPATED IN THE CITY OF SARASOTA TRAINING EMPLOYMENT PROGRAM (STEP) AND THE SUNCOAST WORKFORCE DEVELOPMENT BOARD SUMMER YOUTH EMPLOYMENT PROGRAM #1 (0050) through (0165) Larry Lovejoy, Director of Employee Services, came before the Commission and stated that the City participated with the Suncoast Workforce Development Board in the Sarasota Training Employment Program (STEP) i that the partnership allowed the City to accomplish some job tasks which would not otherwise have been accomplished; that seven youths participated in the summer work program and displayed an excellent quality of workmanship and leadership in the positions held; that the efforts of Isabel Scott, Chairman, and Mary Helen Kress, Executive Director, Suncoast Workforce Development Board, are acknowledged. Mayor Cardamone read a Certificate of Appreciation for the hard work and dedication of the students; presented Amber Jenkins, Antwan Platt, and Nicole Veverka the signed Certificate of Appreciation; and requested that Certificates of Appreciation be delivered to each of the other students not present as follows: Joseph Thomas, Nasstasia Mitchell, Derrick Shaugnessy and Doron Stokes. Mayor Cardamone stated that the efforts of the Suncoast Workforce Development Board in creating the program which helps the City and teaches important lessons to City youth are appreciated. BOOK 46 Page 18702 10/04/99 6:00 P.M. BOOK 46 Page 18703 10/04/99 6:00 P.M. 2. PRESENTATION RE: MAYOR'S CITATION TO LARRY R. THOMPSON IN RECOGNITION OF HIS APPOINTMENT AS PRESIDENT OF RINGLING SCHOOL OF ART AND DESIGN #1 (0165) through (0280) Mayor Cardamone requested Larry R. Thompson to come forward. Mayor Cardamone read in its entirety the Mayor's Citation extending congratulations and best wishes on Dr. Thompson's appointment as President of the Ringling School of Art and Design and presented Dr. Thompson with the signed Mayor's Citation embossed with the City Seal. Dr. Thompson stated that the Mayor's Citation is appreciated; that Sarasota is a wonderful City; that the Ringling School of Art and Design is an important jewel in the crown of this cultural coast City. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 99R-1228, RECOGNIZING THE PASSING OF CONRAD W CONNIE" ZINGERMAN = ADOPTED #1 (0280) through (0420) Mayor Cardamone stated that Memorial Resolution No. 99R-1228 recognizes the September 24, 1999, passing of Conrad I Connie" Zingerman, whose contributions to the City are appreciated. Mayor Cardamone read Memorial Resolution No. 99R-1228 in its entirety. On the motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt Memorial Resolution No. 99R-1228. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Cardamone, yes; Hogle, yes; Pillot, yes; Quillin, yes. The following family members and- associates came forward and were presented with a copy of the memorial resolution appropriately framed on a plaque: Evelyn Zingerman, wife, Gary Zingerman, son, and Joel Swallow, Chairman of Mayor's Feed the Hungry Program. 4. PRESENTATION. RE: RECEIPT OF CHECK GIVEN BY MR. AND MRS. DON COTTON FOR THE MAYOR'S FEED THE HUNGRY PROGRAM #1 (0420) through (0475) Mayor Cardamone requested that Joel Swallow, Chairman of the Mayor's Feed the Hungry Program, and Don and Cindy Cotton, owners of Snook Haven, come forward. Mayor Cardamone stated that Snook Haven's participation in the Mayor's Feed the Hungry program is appreciated. Mr. Cotton stated that the Commission's recognition is appreciated; that the employees of Snook Haven enthusiastically embraced the program by raising over $1,700; and presented a check to Mr. Swallow. Mayor Cardamone stated that other cities participate in the Mayor's Feed the Hungry Program; that Mr. and Mrs. Cotton's presentation may prompt other businesses to follow the example. 5. PRESENTATION RE: CITY OF SARASOTA PROCLAMATION TO ALL FAITHS FOOD BANK, PROCLAIMING RECOGNITION OF HUNGER AWARENESS MONTH #1 (0475) through (0545) Mayor Cardamone requested that Amy Featherman Goetz, Executive Director of All Faiths Food Bank, come forward, read in its entirety the City Proclamation designating October 1999 as "Hunger Awareness Month, I a month of special importance and worthy of recognition by the citizens of the City of Sarasota, and stated that congratulations and appreciation are extended to Ms. Goetz for her efforts. Ms. Goetz stated that the recognition of the Commission is appreciated; that the assistance of the City's citizens in distributing over two million pounds of food to not-for-profit agencies is appreciated. Mayor Cardamone referred to the magazine "Where to Retire" and quoted from the Fall 1999 edition as follows: Sarasota is the place to retire Sarasota offers a wealth of big City amenities; culture, entertainment and great restaurants but manages to maintain a small town feel Mayor Cardamone stated that the magazine captured the City's principle of "a City of urban amenities with small town living and feeling"; that a Tampa lawyer indicated at the September 14, 1999, workshop of the Community Redevelopment Agency (CRA) concerning the proposed Ringling Park project the City had a diminishing tax base and a dead and dying downtown and the City's fate would be sealed forever if the represented project were not approved; that Moody's Investors Service (Moody's) has upgraded the rating of the City's General Obligation (GO) bonds from A1l to AAA3; that very few cities in the State have as high a bond rating; that the rating reflects the City's affluent residential base combined with successful revitalization efforts; that the City's strong financial position with ample revenues and flexibility was also taken into consideration as well as the BOOK 46 Page 18704 10/04/99 6:00 P.M. BOOK 46 Page 18705 10/04/99 6:00 P.M. City's modest debt burden; that the City's redevelopment efforts have paid off, fueling commercial growth which has increased the tax base to $3.5 billion; that the increased tax base accompanied by a lower tax rate of 2.1 mills is reflected in Moody's confidence in the City's management; that Standard and Poors upgraded the City's General Obligation bond rating in July 1998 from AA- to A+; that Gibson Mitchell, Director of Finance, deserves special congratulations. Mayor Cardamone distributed to the Commission a brochure concerning the Sarasota area with a focus on the City's amenities which was received at a recent Economic Development Board (EDB) breakfast. The Commission recessed at 6:27 p.m. into a Special CRA meeting and reconvened at 7:15 p.m. 6. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0545) through (0755) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Board Actions, Item No. II-1, Report Re: Historic Preservation Board's Regular Meeting of September 14, 1999 B. Remove New Business, Item No. VII-1, Discussion Re: Three-Year Funding Request from the Greater Newtown Community Redevelopment Corporation per the request of Cynthia Porter, Executive Director of the Greater Newtown Community Redevelopment Corporation. C. Remove New Business, Item No. VII-2, Request Re: One- Year Funding Request from the Greater Downtown Sarasota Action Team per the request of Linda Holland, President, Greater Downtown Sarasota Action Team. Mayor Cardamone asked if the Commission had any objections to the Changes to the Orders of the Day. Mayor Cardamone stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. City Manager Sollenberger referred to a September 30, 1999, memorandum from Gibson Mitchell, Director of Finance, to the City Manager indicating the City has been awarded the Distinguished Budget Presentation Award by the Government Finance Officers Association (GFOA) for the fiscal year (FY) 1998/1999 Budget Document; that the award is the highest form of recognition in governmental budgeting; that the attainment represents a significant achievement for the City which has received the prestigious award for nine consecutive years; that Christopher Lyons, Deputy Director of Finance, has been awarded a Certificate of Recognition by GFOA for the budget preparation effort; that the Director of Finance and the entire Finance Staff are commended. Mayor Cardamone stated that the absence of Commissioner Mason is due to the death of a close relative in New England. Mayor Cardamone stated that for the benefit of interested parties, a consensus was reached at the October 4, 1999, Commission workshop to proceed with traffic calming initiatives already approved by the Commission and other traffic calming programs as other residential areas and neighborhoods come forward with requests; that Agenda Item VI-1 is a discussion of traffic calming programs; that citizens may still wish to speak; that the Commission will certainly entertain any relevant comments. 7. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETINGS OF SEPTEMBER 7, 1999, AND SEPTEMBER 20, 1999 - APPROVED (AGENDA ITEM I-1 AND 2) #1 (0755) through (0930) On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to approve the minutes of the September 7, 1999, Regular Commission meeting. Motion carried unanimously (4 to 0): Hogle, yesi Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to approve the minutes of the September 20, 1999, Regular Commission meeting. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 8. REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF SEPTEMBER 7, 1999 - DELAYED CONSIDERATION OF RECOMMENDATION TO RELOCATE SCULPTURE KNOWN AS "PEOPLE'S PLACE" AND EXPENDITURE OF $1,000 TO ALLOW TIME TO OBTAIN A WRITTEN AGREEMENT FROM THE ARTIST TO WAIVE RIGHTS UNDER THE VISUAL ARTISTS' RIGHTS ACT (VARA); RECEIVED REPORT (AGENDA ITEM II-2) #1 (0930) through (0945) George Haborak, Chairman of the Public Art Committee, and Jane Robinson, Director of Planning and Development, came before the Commission. Mr. Haborak stated that at the September 7, 1999, meeting, the Public Art Committee voted unanimously to recommend the City relocate the sculpture known as "People's Place" by artist John BOOK 46 Page 18706 10/04/99 6:00 P.M. BOOK 46 Page 18707 10/04/99 6:00 P.M. Dehn from State Street and Lemon Avenue to a site in the planting area on Main Street adjacent to Patrick's restaurant; that the sculpture will be placed parallel to Main Street, midway between the two most westerly trees and midway between the curb and the paved walk area; that the cost for relocating the artwork will not exceed $1,000 and will come from the Public Art Fund. Commissioner Quillin stated that the artist has offered to give the sculpture to the City; that the City will be responsible for moving and maintaining the sculpture; and asked if the City has an agreement the City may move the sculpture again, if necessary, without the permission of the artist? Mr. Haborak stated that the property owner released the work of art; that the artist agreed to the move and the placement; that the sculpture now becomes City property. Commissioner Quillin asked if the City has any agreement in writing? City Attorney Taylor stated that no written agreement exists as far as is known; that due to past experience with the Visual Artists' Rights Act (VARA), an advance written agreement would be in the City's best interest; that a written agreement can be developed prior to any action. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to delay consideration of the Public Art Committee's recommendation to relocate the sculpture and approve the expenditure of $1,000 from the Public Art Fund to move and reinstall the artwork to allow time to obtain a written agreement from the artist to waive rights under the Visual Artists' Rights Act (VARA). . Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 9. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 - APPROVED (AGENDA ITEM III-A) #1 (0945) through (1045) 1. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract (R.F.P. #99-73H) for the purpose of selecting a Professional Executive Recruitment Consulting Service relating to the executive search/recruitment services for the position of Director of Human Resources. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Quitclaim Deed for extinguishment of old sanitary sewer easements. 3. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the First Amendment to the Agreement for Engineering Services with Montgomery Watson Americas, Inc., (R.F.P. #98-32H) for the replacement of the City's north elevated water storage tank, as well as certain inspection services for the south elevated water storage tank. 4. Approval Re: : Authorize the City Manager to execute the Consent Agreement with the Florida Department of Environmental Protection (FDEP) for the removal of the Public Works materials stockpile OGC Case #99-1298. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 4, inclusive. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 10. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 99R-1194)- ADOPTED; ITEM 2 (RESOLUTION NO. 99R-1226) - ADOPTED; ITEM 3 (ORDINANCE NO. 99-4157) - ADOPTED (AGENDA ITEM III-B) #1 (1045) through (1240) 1. Adoption Re: Proposed Resolution No. 99R-1194, pertaining to the fees for parking permits for certain designated lots owned or controlled by the City; setting fees for such permits; etc. (Title Only). 2. Adoption Re: Proposed Resolution No. 99R-1226, establishing its intent to reimburse certain costs incurred with proceeds of a Euture tax-exempt financing through the First Florida Governmental Financing Commission; etc. (Title Only). 3. Adoption Re: Second reading of proposed Ordinance No. 99-4157, pertaining to the fee charged for the demolition of any building or structure in the amount of the fee previously used to subsidize the fees and charges for processing a petition for historic designation; amending the City of Sarasota amendments to the 1996 Edition of the Standard Building Code, Section 103.7.4, schedule of permit fees, to redefine the uses for such fees; repealing ordinances in conflict; providing for the severability of parts hereof if declared invalid; etc. (Title Only). City Auditor and Clerk Robinson read proposed Resolution Nos. 99R-1194 and 99R-1226 and proposed Ordinance No. 99-4157 by title only. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, BOOK 46 Page 18708 10/04/99 6:00 P.M. BOOK 46 Page 18709 10/04/99 6:00 P.M. 2, and 3 inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion. carried unanimously (4 to 0) : Hogle, yes; Pillot, Quillin, yes; Cardamone, yes. yes; Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission is required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cross examination; that Affected Persons are individuals especially interested in the proceedings due to close proximity to or other special interest in the subject property and must have filed for certification as an Affected Person prior to the public hearing; that time limits will be established at the appropriate time for each quasi- judicial public hearing; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission. 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. 11. NON QUASI-JUDICTAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. . 99-4169 TO CONDITIONALLY VACATE THAT CERTAIN APPROXIMATELY 15-FOOT WIDE ALLEY THAT RUNS APPROXIMATELY 256 FEET IN LENGTH FROM NORTH TO SOUTH FROM ARLINGTON STREET AT THE NORTH CONNECTING TO HILLVIEW STREET AT THE SOUTH AND LOCATED WITHIN LOT 1, BLOCK G AND LOT 1, BLOCK H, CITY HALL SQUARE, UNIT 2, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 123 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; ETC. (TITLE ONLY) (APPLICATION NO. 99-SV- 05, APPLICANT PAMELA G. TRUITT, A.I.C.P., AS AGENT FOR THE OWNERS OF SARASOTA COUNTY PUBLIC HOSPITAL BOARD) - PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (1240) through (1967) Mark Hess, Senior Planner II, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 99-4169 pertains to Street Vacation Application No. 99-SV-05 filed by Sarasota Memorial Hospital (SMH) ; that the request is to vacate an approximately 15-foot-wide alley right- of-way located west of US 41 between Arlington and Hillview Streets; that the Planning Board/Local Planning Agency (PBLP) held a public hearing regarding the Application at its September 1, 1999, meeting and voted unanimously to recommend approval of the Application subject to the six conditions set forth in proposed Ordinance No. 99-4169 as follows: 1. The City of Sarasota shall retain and expressly reserve unto itself and its successors a utility easement.. 2. The Applicant shall execute and record in the Official Records of Sarasota County a utility easement in favor of Comcast Cablevision of West Florida, Inc. 3. The Applicant shall execute and record in the Official Records of Sarasota County a utility easement in favor of GTE Florida Corporation. 4. The Applicant shall execute and record in the Official Records of Sarasota County a utility easement in favor of TECO/People's Gas Systems, Inc.. 5. The Applicant shall execute and record in the Official Records of Sarasota County a utility easement in favor of Florida Power and Light Company. 6. Subject to resolution of the ownership and determination of appropriate means of conveyance to Sarasota Memorial Hospital and determination of compensation, if appropriate. Mr. Hess Eurther stated that the majority of the conditions concern execution and recording easements for existing utilities and the responsibility for removal and costs of any relocation of easements for future development, that determining an appropriate means of conveyance and compensation remains for resolution. City Attorney Taylor stated that the Commission's legislative action concerning the street vacation is separate from the determination of the basis of conveyance of the property; that the decision regarding the street vacation is based on public necessity, after which discussion can ensue such as instructions to the Administration as to conveying fee simple title ownership of the property. Mayor Cardamone asked for clarification of fee simple title ownership. BOOK 46 Page 18710 10/04/99 6:00 P.M. BOOK 46 Page 18711 10/04/99 6:00 P.M. City Attorney Taylor stated that the City owns the land as opposed to only having the right to move vehicles over the property. Mayor Cardamone asked for clarification of the necessity for another action. City Attorney Taylor stated that upon removal of the easement for vehicle purposes, the property remains City property; that the Applicant desires the property for parking purposes; that a determination of the method of conveyance will be required. Mayor Cardamone asked the possible alternatives for conveyance. City Attorney Taylor stated that the method of conveyance is a business decision. City Manager Sollenberger stated that the property could be sold or conveyed on a nominal basis; that research concerning the manner in which the City acquired fee simple title to the property was conducted by the Applicant; that a copy of the research was provided to the Administration and the City Attorney's Office; that in 1954 the owner of the alley conveyed the property to the City in fee simple title alleviating the City from a burdensome process to acquire the property; that SMH requested the City consider a conveyance on a nominal basis; that the property can either be sold at market value or conveyed to the Applicant on a nominal basis; that the Applicant is a public hospital and serves a public service which can be taken into consideration; that the possibility of the Applicant eventually selling the property could cause concern; that a reverter could be obtained which could be extinguished through the Applicant's paying the City the then-current market value as established by an appraisal; that the Commission could elect to make the property available to the Applicant on a nominal basis; that an arrangement could be made to pay the City the current" value of the property if the Applicant disposes of the property or uses it for non-public purposes; that the City Attorney's Office could finalize the method of conveyance to everyone's satisfaction. Mayor Cardamone opened the public hearing. The following people came before the Commission: Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, Dan McDaniel, SMH Director of Architecture and Facilities Planning, and Pamela Truitt, AICP, SMH Urban Planner and Design Coordinator. Attorney Bailey stated that utilities are in the alley as follows: water lines, stormwater lines entering the property at mid-point then turning north, a four-inch field gas main, and overhead lines for telephone and electricity; that no wastewater lines or cable lines exist; that the purpose of the Application is to allow the hospital to consolidate and assemble the alley with property to the east of the former Sugar 'n Spice Restaurant and Amoco Gas Station properties; that the property would function as a temporary parking lot for a three- to five-year period; that the property is the future site for a center for women and children; that the stipulations granting substitute utility easements are acceptable; that the parking lot is under construction and will be completed in approximately one month; that 55 new employee spaces will be created; that the property will be secured against trespassers once the street vacation is granted; that future parking facilities are planned which will contain 350 new spaces; that a 650-space replacement parking facility will be constructed near the Retter wing of SMH; that funding for removal of contaminated soil on the former Amoco site has been committed by the Department of Environmental Protection (DEP); that the property will not be used as an interconnect between Hillview and Arlington Streets; that the Administration's and City Attorney's efforts in addressing the fee simple title are appreciated. Ms. Truitt stated that Application No. 99-SV-05 has been presented to the SMH Neighborhood Advisory Council in conjunction with the plans for the parking lots; and referred to a transparency displayed on the overhead projector indicating the parking lot currently under construction and the alley. Mayor Cardamone asked if the methods proposed for conveyance cause any concerns? Attorney Bailey stated no. Commissioner Quillin asked if funds have been received for removing the hazardous waste and if removal is currently being performed? Attorney Bailey stated that funds have not yet been received; that the process of responding to the State is ongoing to meet requirements in selecting contractors to clean the soil; that cleaning the soil will commence in late spring or summer. Commissioner Quillin asked if construction of the parking lot can begin before the soil cleaning? Attorney Bailey stated that the parking lot is presently under construction; that technologies have been identified allowing minimal disruption of the site by using aeration techniques meeting the State's requirements for cleaning the soil. City Manager Sollenberger stated that the City had a similar experience with a parking lot on First Street acquired from a BOOK 46 Page 18712 10/04/99 6:00 P.M. BOOK 46 Page 18713 10/04/99 6:00 P.M. laundry; that removal of hazardous materials was required; that the same technique was employed. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4169 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 99-4169 on first reading. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 99-4169 on first reading. Mayor Cardamone asked if direction concerning the options for conveyance of the property is desired? City Manager Sollenberger stated that the land belongs to the City; that time is not a factor in determining the method of conveyance once unencumbered by the easement. Vice Mayor Pillot stated that determining the method of conveyance is, therefore, not required prior to second reading. City Manager Sollenberger stated that is correct; that a decision concerning conveyance will be brought back to the Commission in the Euture for approval. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 99-4169 on first reading. Motion carried unanimously (4 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4166, REZONING REAL PROPERTY LOCATED AT 700 BENJAMIN FRANKLIN DRIVE COMMONLY KNOWN AS THE RADISSON LIDO BEACH RESORT AND MORE FULLY DESCRIBED HEREIN, FROM THE MULTIPLE- FAMILY RESIDENTIAL-4 (RMF-4 4) ZONE DISTRICT TO THE WATERFRONT RESORT (WFR) ZONE DISTRICT; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-B-1) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 99R-1222, APPROVING MAJOR CONDITIONAL USE APPLICATION 99- CU-14 TO ALLOW FOUR MAJOR CONDITIONAL USES ON PROPERTY LOCATED AT 700 BENJAMIN FRANKLIN DRIVE COMMONLY KNOWN AS THE RADISSON LIDO BEACH RESORT; SAID MAJOR CONDITIONAL USES BEING AN INDOOR RESTAURANT, INDOOR BAR, BANOUET DINING FACILITIES AND A SUNDRIES AND GIFT SHOP AS MORE PARTICULARLY DESCRIBED HEREIN; SAID MAJOR CONDITIONAL USES ARE REQUIRED TO BE CONSTRUCTED AND LOCATED IN ACCORDANCE WITH SITE PLAN APPLICATION 99-SP-0 AS RECOMMENDED FOR APPROVAL BY THE PLANNING BOARD; ETC. (TITLE ONLY) (APPLICATION NOS. 99-RE-09, 99-CU-14 & 99-SP-0. APPLICANT BRENDA L. PATTEN, ESO. AS AGENT FOR THE OWNER, CALPAC, INC.) - ADOPTED WITH THE UNDERSTANDING THAT STAFF WILL WORK WITH APPLICANT TO GIVE FURTHER CONSIDERATION TO PARKING (AGENDA ITEM IV-B-1) #1 (1967) through #2 (1804) City Attorney Taylor stated that proposed Ordinance No. 99-4166 rezones real property at 700 Benjamin Franklin Drive known as the Radisson Lido Beach Resort (Radisson) from the Multiple-Family- Residential (RMF) -4 to the Waterfront Resort (WFR) Zone District; that proposed Resolution No. 99R-1222 is to approve Major Conditional Use Application No. 99-CU-14 allowing an indoor restaurant, indoor bar, banquet dining facilities and a sundries and gift shop at the same property; that the recommendation is to allow Petitioners 15 minutes for presentation and 10 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that Affected Persons will have 5 minutes and 3 minutes for rebuttal; that other interested persons will have 5 minutes to speak. Vice Mayor Pillot stated that moving meetings along as quickly as possible is desirable; however, at a prior Commission meeting in which two public hearings conducted together, an expressed concern was 5 minutes was not adequate time to address the complex subjects; that the 5 minutes is consistent with time limits on all public hearings; however, proposed Ordinance No. 99-4166 for the rezoning and proposed Resolution No. 99R-1222 for the major conditional uses could involve different concerns by the public; that the value and logic considering the rezoning and the major conditional uses together are understood; however, a total limit of 5 minutes for anyone wishing to speak for or against the two different subjects should not be imposed. City Attorney Taylor stated that the Commission has the prerogative to grant more time. Vice Mayor Pillot stated that being allowed to extend the time limit will not disenfranchise the public. BOOK 46 Page 18714 10/04/99 6:00 P.M. BOOK 46 Page 18715 10/04/99 6:00 P.M. Mayor Cardamone stated that the speaker could indicate which public hearing is being addressed and be granted appropriate time accordingly. Mayor Cardamone requested that Commissioner ex-parte communications, if any, be disclosed. Commissioner Hogle stated that on July. 14, 1999, the neighborhood meeting held at the Radisson was attended; that approximately 50 neighbors spoke; that the only request received was regarding the bathroom and facilities at the Lido Beach pavilion; that no negative input was received. Commissioner Quillin stated that a conversation took place with two members of the Planning Board/Local Planning Agency (PBLP), Robert Lindsay and Lou Ann Palmer, at which the issue and intent of the PBLP regarding the public right-of-way was discussed; that the property has been visited, specifically to view the public right-of-way. Vice Mayor Pillot stated that no ex parte communications have occurred. Mayor Cardamone stated that the property was visited; that a September 21, 1999, letter was received from John and Vivian Belko indicating the manner in which the Radisson is operated is appreciated but the Applications are not supported; and entered the September 21, 1999, letter into the record. City Attorney Taylor stated that Affected Persons are people who have a special interest in the property, i.e., living within a specified distance from the property; that Forest and Ginger Paradise and Richard Starfield have filed for certification as Affected Persons being residents living within 500 feet of the property and having timely submitted to qualify for the status; that a September 25, 1999, letter was received from Dr. Winifred Mulder requesting the letter be made part of the record. Mayor Cardamone asked if reading the letter into the record is desired? City Attorney Taylor stated that the letter will be read into the record at the appropriate time. Mayor Cardamone asked if the public hearing should be kept open if a recommendation is made to refer proposed Ordinance No. 99-4166 and proposed Resolution No. 99R-1222 back to the PBLP? City Attorney Taylor stated that the regular notice procedure for public hearings would be required at such time as the Applications come back to the Commission. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Brenda Patten, Land Use Attorney, Law-firm of Kirk-Pinkerton, as agent for the owner, Calpac, Inc. Henk Mastenbroek, Vice President, Calpac, Inc., and David Tichenor, President, Tichenor Group Architects, Inc., came before the Commission. Attorney Patten stated that Chris Brown, Manager of the Radisson, and Richard Bass, an Appraiser and Planner, are in the audience and available for comment if desired. Attorney Patten continued that she is a professional Urban Planner and, for the record, her comments regarding planning aspects will be in the capacity as a professional planner. Attorney Patten further stated that Mark Hess, Senior Planner II, Planning and Development Department, prepared an excellent Staff report to the Commission; that only a few additional items will be presented; that the Applicant purchased the property which was previously known as the St. Armands Inn in 1994; that the property had been in decline for many years; that many units were unrentable; that the property was definitely not an asset to the neighborhood; that the Applicant began restoring the St. Armands Inn in 1995; that every room was refurbished; that the Applicant transformed the property from a deteriorated motel to a resort which is now an asset to the neighborhood and community; that the Applications complete the process of transforming the property into a first-class resort. Attorney Patten referred to the Agenda materials presented to the Commission and stated that the proposed plans are consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, on every criteria, including neighborhood, transportation and future land use; that at the September 1, 1999, PBLP meeting, the PBLP by a 3-to-1 vote found the plans consistent with the City's Comprehensive Plan; that the major conditional uses of an indoor restaurant, an indoor lounge, a gift shop and a banquet facility are being requested and are standard accessory uses for hotels and resorts; that no additional outdoor use is being requested; that two special exceptions were approved in 1996 granting an outdoor bar and an outdoor dining area; that the project conforms to all City traffic concurrency standards and requirements. Attorney Patten continued that at a neighborhood meeting, discussions took place regarding blocked views; that residents from the Sand Dollar South and the Lido Ambassador condominiums expressed concerns; that the Sand Dollar South condominium building is located east of the Radisson across Benjamin Franklin Drive; that the Lido Ambassador condominium building is south BOOK 46 Page 18716 10/04/99 6:00 P.M. BOOK 46 Page 18717 10/04/99 6:00 P.M. along Cleveland Drive; that the project has been designed with sensitivity to the surrounding properties; that the building height is lowest along Benjamin Franklin Drive and increases toward the middle of the site; that the building is set back 240 feet from the mean high water line compared to the required City setback of 150 feet; that the additional setback provides a greater view corridor for residents of the Lido Ambassador condominiums; that attention was given to making the project aesthetically pleasing from the Benjamin Franklin Drive frontage; that the Sand Dollar condominium building is only three stories high; therefore, any building on the site would block the view; that the façade is designed with hanging planters creating a hanging garden effect to mitigate the impact of the parking structure. Attorney Patten continued that at the September 1, 1999, PBLP meeting, concerns were raised regarding drainage and the Cleveland Drive right-of-way and parking; that an overflow pipe running into the existing retention pond in the Cleveland Drive right-of-way has been removed; that all drainage will be handled on site; that the drainage will comply with the City's Engineering Design Criteria Manual (EDCM) regulations; that Larry Weber, Weber Engineering & Surveying, Inc., is available to answer any questions regarding drainage; that the other question raised at the PBLP meeting was parking in the Cleveland Drive right-of-way; that the PBLP asked the City Engineer to determine the number of parking places in the right-of-way and have the Radisson provide replacement parking; that Calpac met with Staff and determined 20 wheel stops exist in the public right-of-way; that the City has no adopted design standards for parking in the public right-of-way; however, the existing 20 spaces do not meet the City's Zoning Code (1998) standards for private construction of parking places; that a plan has been designed which will add 16 conforming parking spaces back in the Cleveland Drive right- of-way; that an old entrance off Benjamin Franklin Drive has been closed, adding two additional parking spaces on Benjamin Franklin Drive; that 20 non-conforming parking spaces have been replaced with 18 new public parking spaces conforming to the Zoning Code (1998). Attorney Patten further stated that the west end of the Cleveland Drive right-of-way is taken up with an existing retention pond; that the retention pond collects drainage from the Lido Ambassador condominiums; that as the retention pond is in the existing Cleveland Drive right-of-way, no direct beach access was available from Cleveland Drive to the gulf; that pedestrians walk on the Radisson property for access; that the Radisson will install a public beach ramp in the Cleveland Drive right-of-way, which will be maintained by the Applicant; that the parking garage has been designed to have access off Cleveland Drive, being the safest and most efficient manner of providing access to the parking structure; that the design eliminates the problem of vehicles slowing down and stacking on Benjamin Franklin Drive; that a public parking lot exists 300 feet to the north of Cleveland Drive serving as public beach access parking; that the parking lot is full only on the Fourth of July; that the proposed plan provides safe access to the parking structure through Cleveland Drive; that a beautiful façade has been designed for the residents across the street; that the proposal completely complies with City regulations, complies with the EDCM and is supported by the City Engineering Department; that materials provided to the Commission contain many letters from neighbors supporting the project; and referred to drawings of a redesign of the Cleveland Drive right- of-way indicating the additional parking spaces. Mayor Cardamone asked for clarification regarding the driveways into the property. Mr. Tichenor stated that only one driveway into the parking structure exists; that the second driveway indicated on the site plan is for loading space. Commissioner Quillin asked if the second driveway is designed to allow the garbage trucks to enter and pull back out? Mr. Tichenor stated yes, and also for loading space as required by the Zoning Code (1998). Commissioner Quillin asked if the second driveway is necessary for garbage trucks? Mr. Tichenor stated yes. Commissioner Quillin stated that enough space exists to back out allowing additional parking spaces on Cleveland Drive. Mr. Tichenor stated that the loading space must always be available and cannot be blocked by a vehicle; and referred to a site plan displayed on the overhead projector and indicated the entrance into the parking structure, the loading zones and garbage pickup areas. Mayor Cardamone asked if the entrances are on the public right-of- way? Mr. Tichenor stated that all the entrances are on the Applicant's property. Commissioner Quillin asked the width of the entrance area? Mr. Tichenor stated 30 feet. Commissioner Quillin stated that 30 feet is adequate to allow a truck to pass another parked truck; that normal City streets are approximately 20 feet wide. BOOK 46 Page 18718 10/04/99 6:00 P.M. BOOK 46 Page 18719 10/04/99 6:00 P.M. Mr. Tichenor stated that narrowing the entrance could be accomplished by eliminating the landscaping. Commissioner Quillin asked the distance from the building to the landscaping? Mr. Tichenor stated 12 feet. Commissioner Quillin stated that the concern is two driveways onto Cleveland Drive; that the area will not be safe for the public to access the beach. Mr. Tichenor stated that an 8-foot sidewalk will be provided which does not presently exist. Commissioner Quillin stated that the area will become a highly congested area which will not be comfortable for the general public. Attorney Patten stated that the Cleveland Drive right-of-way is rarely used; that residents walk down Cleveland Drive to access the beach; that providing a sidewalk will be safer; that a dune walk-over will be provided; that the public's right in the Cleveland Drive right-of-way is by virtue of a public dedication on a plat; that no guarantee exists for the number of parking spaces in the public right-of-way; that the existing parking spaces do not conform to any design criteria; that the new parking spaces have been designed to meet the City's Zoning Code (1998) standards; that a safer situation, a sidewalk and public access to the beach have been created. Mayor Cardamone stated that the Radisson currently has no driveway openings on Cleveland Drive? Mr. Tichenor stated that is correct. Mayor Cardamone stated that the sidewalk would cross two driveways into the Radisson. Mr. Tichenor stated that one access will be for vehicles using the parking garage. Mayor Cardamone stated that providing a sidewalk is nice; however, the sidewalk crosses two new driveways which currently do not exist; that presently a walker to the beach has a great deal of safety in not having to cross over a driveway. Mr. Tichenor stated that the Radisson has the right to use the right-of-way for access to the property. Mayor Cardamone stated that the condominium residents have landscaped approximately 12 feet into the right-of-way; that a retention pond on a 50-foot right-of-way would not have been supported. Mr. Tichenor stated that the only beach access is through the Radisson property. Mayor Cardamone stated that removing the encroaching retention pond and landscaping and protecting the right-of-way are desired. City Attorney Taylor stated that the City historically does not give up public rights-of-way, for private use; that the City has legal remedies to protect rights-of-way. Vice Mayor Pillot stated the entrances were purposely placed on Cleveland Drive to avoid problems with extra traffic on Benjamin Franklin Drive; that potential for accidents would be greater on Benjamin Franklin Drive; that Staff concurred with the placement of the entrances; that 20 non-contorming parking along Cleveland Drive will be replaced with 18 conforming spaces; that Staff has concurred with the replacement parking spaces; that the Commission has no reason to object. City Attorney Taylor stated that the Zoning Code (1998) does not prescribe a specific size for parking spaces in the public rights- of-way; therefore, the Applicant's conformance is voluntary. Commissioner Quillin asked if the two existing entrances on Benjamin Franklin Drive to the property could access the new structure? Mr. Tichenor stated no. Commissioner Quillin asked if the design could be changed to allow access, to the new structure from Benjamin Franklin Drive? Mr. Tichenor stated no; that the property is in a wind velocity zone as designated by the Federal Emergency Management Agency (FEMA) requiring an elevation of 17 or 18 feet for the first living level; that the parking garage floor is elevated approximately 6 feet allowing no entry. Commissioner Quillin asked what is underneath the first level of the parking garage? Mr. Tichenor stated that retention vaults for stormwater are under the garage. Commissioner Quillin asked if surface parking exists? Mr. Tichenor stated that surface parking is only provided for the section at the elevator core. Mayor Cardamone asked if a driveway exists off Benjamin Franklin Drive? BOOK 46 Page 18720 10/04/99 6:00 P.M. BOOK 46 Page 18721 10/04/99 6:00 P.M. Mr. Tichenor stated that three driveways enter the property off Benjamin Franklin Drive; that two driveways will be retained; that one driveway to the north will be moved to the south as requested by Staff. Commissioner Quillin asked the parties responsible for the retention pond and landscaping in the right-of-way? Mayor Cardamone stated she understands that the Lido Ambassador condominium residents had the retention pond and landscaping installed. Commissioner Quillin stated that no handicapped parking was observed in the parking area on the Cleveland Drive right-of-way; that Staff was asked the reason the area could not have a turn- around; that the landscaping and retention pond limits the available spacei that people will not park properly and impede access to Applicant's property; that the design was the concern of the PBLP. Mr. Tichenor stated that the concern of the PBLP was losing the parking spaces. Commissioner Quillin stated that parking spaces have value. Mayor Cardamone requested that Staff come forward for the City's presentation. Mark Hess, Senior Planner II, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 99-4166 regarding Rezone Application No. 99-RE-09, Site Plan Application 99-SP-Q, and proposed Resolution No. 99R-1222 regarding Major Conditional Use Application No. 99-CU-14 pertain to the proposed Radisson Lido Beach Resort addition located at 700 Benjamin Franklin Drive; that the Applications, filed by Brenda L. Patten, Esquire, as agent for Calpac, Inc. request a rezoning from the RMF-4 to the WFR Zone District and major conditional uses as depicted on the provided site plan to allow: an indoor restaurant, indoor bar, sundry/gift shop, and banquet/dining facilities; that at the September 1, 1999, meeting, the PBLP expressed concerns regarding the drainage and the loss of parking spaces in the Cleveland Drive right-of-way; and cited from the PBLP's September 1, 1999, meeting minutes which are part of the record as follows: Condition No. 5. To require the City Engineer to report to the City Commission at the time of the First Reading of the Rezone Ordinance as to the number of existing public parking spaces along Cleveland Drive prior to this project site plan being approved and to require that the number of public parking spaces remain on Cleveland Drive. Mr. Hess referred to a September 23, 1999, memorandum to the City Manager indicating Staff met with the Applicant on September 20, 1999, and identified a preferred alternative for reconfiguring improvements within the Cleveland Drive right-of-way to maximize the number of public parking spaces while still providing improved pedestrian access to the proposed public dune walkover structure; that the revised plans address the PBLP's direction to maintain public parking spaces adjacent to the public beach access in the Cleveland Drive right-of-way; that no established or adopted design guidelines exist for parking in the right-of- wayi that the design prepared by the Applicant follows zoning requirements; that the design is discretionary as to Staff approval; that the two accesses on the Cleveland Drive right-of- way into and out of the site were the result of negotiations with Staff; that Staff recommended the easterly access adjacent to the dumpster location for safe egress. Commissioner Hogle asked if the Applicant could install 20 parking spaces in the right-of-way and still retain the two entrances to the property? Mr. Hess stated that approving another design would be at the City's discretion. Commissioner Hogle stated that the Applicant has followed Staff's suggestions and requirements. Mayor Cardamone asked for clarification of the PBLP's and Staff's requirements. Mr. Hess stated that the PBLP desired the number of public parking spaces on Cleveland Drive remain at 20; that the Applicant proposes replacing 16 public parking spaces on Cleveland Drive and 2 parking spaces on Benjamin Franklin Drive; that 2 parking spaces will be lost; that PBLP desired no loss of parking spaces. Mayor Cardamone asked if any of the proposed project encroaches on the public right-of-way, other than the sidewalk and walkover? Mr. Hess stated noi that the proposed parking spaces result in rebuilding the City street which will remain public. Mayor Cardamone asked if the parking area will be paved? Mr. Hess stated yes. Mayor Cardamone asked the manner in which the areas near the entrances will be treated? Mr. Hess stated the areas will be landscaped. BOOK 46 Page 18722 10/04/99 6:00 P.M. BOOK 46 Page 18723 10/04/99 6:00 P.M. Commissioner Quillin asked if lighting exists on Cleveland Drive? Mr. Hess stated that the existence of lighting is unknown. Commissioner Quillin stated that beach access is limited; that the redesign of the parking area causes concern. Vice Mayor Pillot stated that 20 parking spaces are not lost but are rather decreased by 2. Commissioner Hogle asked if 2 parking spaces could be placed at the end of the right-of-way retaining the desired 20 spaces? Mr. Hess stated that approval by Staff would be required. Mayor Cardamone requested that Affected Persons come forward; and the following Affected Persons came before the Commission: Richard Starfield, 800 Beniamin Franklin Drive (34236), stated that the Applicant's change in the plans is pleasing; that the retention pond has been a divided responsibility of the Lido Ambassador condominiums and the City; that the Lido Ambassador Association maintains the landscaping; that the City maintains the roadway and parking spaces; that funds for beach erosion can only be obtained by providing parking spaces and beach access; that alleviating 2 parking spaces sets a bad example and may be an impediment in obtaining State and Federal funds for beach renourishment; that no fault is found with the Applicant's project; that the City should not be giving away public propertyi that 1,000 signatures against this project could be obtained if the meeting were held when all the condominium owners are in residency; that the Applicant is a wonderful neighbor; that the residents have no complaints about the Applicant. Forrest Paradise, 1100 Beniamin Franklin Drive (34236), stated that the City's vision of "City of Urban Amenities With Small Town Living and Feeling" was previously unknown; however, the vision describes the attraction of Sarasota; that plans for 110- foot hotels on Benjamin Franklin Drive were not known; that seven or eight properties exist which could potentially request rezoning; that heavy traffic presently exists on Benjamin Franklin Drive; that the traffic is a serious problem. Mayor Cardamone requested that other interested persons come forward; and the following interested persons came bef fore the Commission: Ron Real, Lido Ambassador Condominiums 800 Beniamin Franklin Drive, Unit 202 (34236), stated that unit 202 directly faces the proposed entrance to the Applicant's parking lot; that representatives of the Radisson asked about any anticipated problems with the project; that the property was an eyesore six years ago; that the Applicant's improvements have increased the Lido Ambassador condominiums' property value; that having an establishment express concern to surrounding neighbors is positive; that the PBLP meeting was attended; that the Applicant is replacing use of garbage trucks with compactors to reduce traffic and noise to the Lido Ambassador condominiums; that the only time the Cleveland Drive parking spaces are full is on the Fourth of July; that the parking is a convenience for the residents of the Lido Ambassador condominiums; that the parking area is used by very few public beach-goers. City Attorney Taylor read for the record a letter received from Winifred Mulder, Ph.D., 800 Benjamin Franklin Drive, Unit 109, (34236) expressing the hope the project is not approved and the view that individuals' consideration is more important than allowing the Radisson to ruin the beach by adding a bar and restaurant and the view that the timing of consideration of the Application should be delayed until December or January when more residents can publicly voice concerns. Mayor Cardamone requested that the Applicant come forward for rebuttal. Attorney Patten stated for clarification that the public sidewalk and landscaping is being installed on the Applicant's property; that the Radisson is not encroaching on the public right-of-way; that the project has been found concurrent with regards to traffic; that the adopted levels of service (LOS) on the affected roads are LOS A, B, and C before full construction of the project; that after full construction, the levels of service remain as LOS A, B, and C. Attorney Patten continued that the suggestion the proposed project may be referred back to the PBLP is a concern; that the meeting is a quasi-judicial proceeding; that the issues directed to the Commission for examination are limited to the number of parking spaces in the Cleveland Drive right-of-way and the replacement of the spaces; that the issues are technical and should be addressed by the City Engineering Department; that the Applicant can provide 20 parking spaces if desired; that the Applicant is not required to follow zoning standards for the parking spaces; that the Commission is requested to allow the Applicant to work with Staff rather than subject the Applicant and the public to repeating the public hearing process. Mr. Tichenor stated that the Applicant designed the entrances as requested by Staff. Mr. Mastenbroek stated that the retention pond existed at the time the property was purchased; that additional parking spaces BOOK 46 Page 18724 10/04/99 6:00 P.M. BOOK 46 Page 18725 10/04/99 6:00 P.M. or a turn-about could be installed if a portion of the retention pond can be eliminated. Mayor Cardamone requested that Staff come forward for rebuttal. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the standards for on-site parking are 9-foot-wide by 18-feet-long spaces; that at the Selby Public Library, 8.5-foot-wide spaces were determined adequate as only books would be taken in and out of the cars; that chairs, coolers and space-taking items are loaded and unloaded at the beach; therefore, the 9-foot standard is recommended. Vice Mayor Pillot asked if Applicant's suggestion of adding a space at the west end of Cleveland Drive is acceptable to Staff? Mr. Daughters stated that a remote possibility exists for 20 spaces if no standards are required; that any infrastructure reconstructed should conform to a standard for public safety and convenience; that the 9-foot spaces are appropriate; that the 8.5-foot spaces could be used; that 18 9-foot-wide spaces would require 162 feet if aligned; that 8.5-foot-wide spaces would require 170 feet if aligned, requiring only an additional 8 feet; however, the spaces are not aligned; therefore, adding a space at one end would be required; that the drawing referred to as a design is conceptual; that a design in detail would be presented if the Application is approval; that adding another space to the west end is possible; that a space between the end of the turn- around and the retention pond could be gained. Vice Mayor Pillot stated that parking capability in the area is 20 vehicles regardless of required standards and asked if the Applicant's proposal to install 18 conforming spaces is supported by Staff? Mr. Daughters stated yes. Vice Mayor Pillot asked if the Applicant's suggestion of adding a space at the west end if possible is acceptable to Staff? Mr. Daughters stated yes; that State funding for a beach renourishment project will be only granted on a project which extends a certain distance from public access and public parking; that the amount of parking is not a factor; that the amount of parking was not questioned on a previous grant application; that 16 spaces in the area and 2 on the street would meet any consideration prescribed by the State; that other than the Fourth of July, 16 cars have never been observed parked in the area; that 16 spaces in the Cleveland Drive right-of-way will fully meet the desires and needs of the public. Vice Mayor Pillot asked if the proposed sidewalk is only on the Applicant's property? Attorney Patten stated that the previous information received was the sidewalk was entirely on the Applicant's property; however, she was just informed 4 feet are on Applicant's and 4 feet are in the public right-of-way. Vice Mayor Pillot asked if the sidewalk would be owned by the City? Mr. Daughters stated yes. Vice Mayor Pillot asked if the sidewalk would be public access in perpetuity? Mr. Daughters stated yes. Vice Mayor Pillot asked if the proposed access will be acceptable for beach renourishment funding? Mr. Daughters stated that the access exceeds funding requirements. Mayor Cardamone stated that more parking areas could be gained if the Applicant's proposed landscaping plans were reduced. Mr. Daughters stated that Staff design guideline standards prohibit vehicles from being parked either perpendicular or parallel from a driveway or intersecting street to provide a line of visibility. Mayor Cardamone requested that Affected Persons come forward for rebuttal and, hearing none, requested Commissioner supplemental remarks, if any. Commissioner Quillin stated the project is very interesting; that tall buildings on the beach are the result of FEMA regulations; that often the first livable floor must be 16 feet above sea level; that the Applicant's design conforms with the neighborhood; that Staff's traffic study for the proposed project was reviewed; that a hotel having the majority of circulation occurring in the morning at the same time people are driving to work was not reflected in Staff's traffic study; that St. Armands Circle was not included in the study; that transportation Citywide should be reviewed; that the public should be made aware of traffic impacts; that the traffic on Cleveland Drive is presently light; that not being able to redesign the project is unfortunate; that revisiting the proposed parking spaces and the retention pond is appreciated; that the standard width of parking spaces is 9 feet; however, 8.5 feet is allowed; that the possibility of using 8.5-foot spaces should be explored; that one of the spaces should be designated for the handicapped. There were no other Commissioner supplemental remarks and Mayor Cardamone closed the public hearing. BOOK 46 Page 18726 10/04/99 6:00 P.M. BOOK 46 Page 18727 10/04/99 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4166 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4166 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Pillot, yes. City Auditor and Clerk Robinson read proposed Resolution No. 99R-1222 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Resolution No. 99R-1222 on first reading with the understanding that Staff will work with the Applicant to give Eurther consideration to parking. Mayor Cardamone stated that the Commission will be asked to initiate a review of the Lido Ambassador condominiums* encroachment on the public right-of-way with landscaping, curbing, and the retention pond to determine if the property can be recovered by the City. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Pillot, yes; Quillin, yes. The Commission recessed at 9:10 p.m. and reconvened at 9:20 p.m. 13. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4167, REZONING A PARCEL OF REAL PROPERTY LOCATED ON THE SOUTH SIDE OF THE BOULEVARD OF THE ARTS AND BOUNDED ON THE EAST BY EL VERNONA AVENUE AND ON THE WEST BY AN 18 FT. PUBLIC ALLEY; SAID PARCEL BEING LOCATED IMMEDIATELY TO THE EAST OF THE SARASOTA HYATT HOTEL AND BEING MORE FULLY DESCRIBED HEREIN, FROM THE MULTIPLE- - FAMILY RESIDENTIAL-6 (RMF-6) ZONE DISTRICT TO THE COMMERCIAL - CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NOS. 99-RE-08, AND 99-SP-0, APPLICANT JOEL J. FREEDMAN, A.I.C.P. AS AGENT FOR THE OWNER, HOTEL ASSOCIATES OF SARASOTA, LTD. A FLORIDA LIMITED PARTNERSHIP) = PASSED ON FIRST READING (AGENDA ITEM IV-B-2) #2 (1865) through #3 (1207) Mayor Cardamone stated that proposed Ordinance No. 99-4167 is for a rezoning of a parcel of real property located on the south side of the Boulevard of the Arts and bounded on the east by El Vernona Avenue and on the west by an 18-foot public alley; that the applicant is Joel Freedman, agent for the owner, Hotel Associates of Sarasota, Ltd., a Florida Limited Partnership. City Attorney Taylor stated that the following person has applied for and complied with the rules for obtaining Affected Person status: : Phillip Dasher, as an owner, resident or other occupant of real property located within 500 feet of the subject property; that the recommendation is for 15 minutes for presentation by the Applicant with 10 minutes for rebuttal, 10 minutes for presentation by the City and Affected Persons with 5 minutes for rebuttal, and 5 minutes for the general public. Mayor Cardamone stated that the consensus of the Commission is to approve the recommended speaker time limits; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Quillin stated that the site was visited; that a discussion took place with Mr. Dasher regarding pedestrian safety; that Mr. Dasher provided a videotape of the September 1, 1999, meeting of the Planning Board/Local Planning Agency (PBLP) demonstrating the PBLP minutes did not reflect a response from Staff regarding issues he brought upi that the videotape was reviewed. Vice Mayor Pillot stated that ex parte discussions regarding the ballroom expansion occurred with Charles Githler, President and Chief Executive Officer, Hotel Associates of Sarasota, Inc.; that the date and location of the discussion are not recalled; that the beneficial aspects of the expansion was described. Mayor Cardamone and Commissioner Hogle stated that no ex-parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Joel Freedman, A.I.C.P., Professional Planner, Bishop & Associates, came before the Commission and stated that three Applications are presented: a rezoning for property at the intersection of El Vernona Avenue and Boulevard of the Arts, an Off-Site Parking Agreement in connection with the rezone Application, and site plan approval related to the rezoning request and the expansion of the ballroom. Mr. Freedman continued that the proposed rezoning is for a parcel located at the intersection of El Vernona Avenue and Boulevard of the Arts; that the parcel of land is 2.4 acres currently in the Multiple-Family Residential (RMF) -6 Zone District; that the request is for a rezoning to Commercial-Central Business District (C-CBD) Zone District to use the parcel as a parking lot; that an alley separates the parcel from the main hotel site; that the BOOK 46 Page 18728 10/04/99 6:00 P.M. BOOK 46 Page 18729 10/04/99 6:00 P.M. alley is approximately 18 feet wide; that 2 feet of right-of-way will be dedicated to meet the City's 20-foot parking space requirement; that the proposed parking lot will contain 16 spaces; that the proffered use of the lot is for employees of the Hyatt Hotel of Sarasota (Hyatt) only; that landscaping will be enhanced around the buffers of the lot; that the hours of operation are limited to 6:00 a.m. to 11:00 p.m. Sunday through Thursday and 6:00 a.m. to midnight Friday and Saturday; that the lot will be chained when not in use; that hotel security staff will patrol the lot; that no lighting for the parking lot is proposed; that the proffered conditions assure consistency with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, to mitigate the impact on residents adjacent to the proposed lot. Mr. Freedman further stated that the proposed parking lot has been vacant and grassed for some time and is used frequently by the Applicant for temporary parking; that in connection with the ballroom expansion, the main parking lot was redesigned to accommodate as much parking as possible; however, the proposed parking is required to meet the requirements of the City's Zoning Code (1998). Mr. Freedman stated further that the City's Comprehensive Plan Future Land Use Map designates the Applicant's property as in the Central City land use classification; that the C-CBD Zone District is a zoning district designed to implement the classification; that the proposed ballroom expansion, after removing old meeting areas, relocating the bathrooms, and reconfiguring, the site, results in a net increase of 3,000 square feet; that the major benefit of the expansion is allowing a clear-span space of approximately 10,000 square feet; that the space is needed by the community; that the space will be more rectangular allowing for more efficient sectioning off of the area for multiple meeting areas. Mr. Freedman referred to drawings displayed on the overhead projector indicating the property for rezoning and the expansion area of the ballroom; and stated that the southern wall of the proposed ballroom is the same as the existing ballroom; that the parking area is being reconfigured to gain four spaces in one area; that removal of a dumpster will provide additional parking space; that eliminating certain existing meeting space will expand the ballroom to 10,000 square feet; that the bathrooms will be relocated to facilitate the expansion. Gary Hoyt, President, Hoyt-DSW Architects & Planners, came before the Commission and stated that a ballroom having a zigzag shape is being converted to a simple rectangle providing for convenient and useful subdivision of the room; that a pre-function area will be added; that access to the ballroom will be from the lobby of the hotel rather than from the outside; that a drop-off area will be provided at the entrance of the hotel. Mr. Freedman stated that a large exotic tree on site will be saved; that requirements for utilities are satisfied; that Staff determined the traffic impact is de minimus; that the employee parking lot access will be from the alley; that a neighborhood workshop was conducted; that the Off-Site Parking Agreement does not require Commission approval; that the Agreement is required for parking facilities for non-residential uses located on a different zoning lot. Mr. Freedman stated that to summarize: 24 total additional parking spaces will be installed, 5 in the main lot, 3 on the east side, and 16 in the new parking lot; that the Zoning Code (1998) requires 1 space for every 100 square feet must be provided for a 3,000 square-foot expansion; that the Zoning Code (1998) allows a credit of 35 percent, or 20 spaces due to association with the hotel; that the Applicant is providing 24 spaces, thereby meeting the requirement. Commissioner Hogle asked if handicapped parking requirements will be satisfied? Mr. Freedman stated yes. Mayor Cardamone 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 boundary for the rezoning is not the same as the site plan boundary; that the PBLP approved the Ott-Site Parking Agreement contingent on the rezoning approval; that typically the site plan for the ballroom would not be presented unless proffered by the Applicant; however, the site plan is being presented as the parking lot and ballroom expansion are linked; that the request includes proffers such as lighting restrictions, enhanced landscaping, and limited hours; that the existing RMF-6 and C-CBD Zone Districts are implementing districts for the parcel's Central City land use classification; that the proper use and conditions provide mitigating factors to address the compatibility standards relevant to use, density, intensity and scale of development outlined in Action Strategy 3.1 of the City's Comprehensive Plan. Ms. Murphy continued that during the public hearing at the September 1, 1999, PBLP meeting, Staff was made aware of the denial of Special Application No. 85-SC-32 dated June 25, 1985, for a parking lot on the site; that the Application was reviewed in 1985 under the previous Zoning Code (1971); that the future land use and the standards for review for the parcel have changed since 1985; that the development trend in the area has changed; BOOK 46 Page 18730 10/04/99 6:00 P.M. BOOK 46 Page 18731 10/04/99 6:00 P.M. that site plans have changed; that the Application has been reviewed according to current standards and found in compliance. Commissioner Quillin stated that the RMF-6 Zone District on El Vernona Avenue is now being surrounded by the C-CBD Zone District, which is the highest and most intense district in the City. Ms. Murphy stated that the Applicant 's proffer provides the property can only be developed as a parking lot as conditioned with the restrictions to employee use, the spaces, etc.i that to intensify the use would require repeating the public hearing process. Commissioner Quillin stated that the rezoning establishes an enclave, which is contrary to the City's Comprehensive Plan. Ms. Murphy stated that the City's Comprehensive Plan defines an enclave as a parcel or parcels for which the existing zoning is not an implementing Zone District; that the encroachment is extending into the residential area. Commissioner Quillin stated that the property owners on El Vernona Avenue do not have the relief or the ability to sell the property at its highest and most intense use; that the residential area on El Vernona Avenue now surrounded by the C-CBD Zone District with mainly parking lots is of concern. Vice Mayor Pillot stated that a clarification of the Commission's Rules of Procedures concerning recognition by the Mayor of Commissioners wishing to speak is requested. City Auditor and Clerk Robinson stated that Commissioners should be recognized by the Mayor prior to speaking with certain exceptions such as seconding motions and points of order. Mayor Cardamone stated that a much looser structure exists in workshop sessions; however, waiting for recognition in Regular Commission meetings would be appreciated. Mayor Cardamone requested that Affected Persons come forward; and the following Affected Person came before the Commission: Phillip Dasher, 926 Boulevard of the Arts (34236), requested the opportunity to raise a point of order. Mayor Cardamone stated that the opportunity to raise a point of order is not available to the public. Mr. Dasher stated that the minutes of the September 1, 1999, PBLP meeting contain a material omission, i.e., the rebuttal of Osama "Sam" Freija, Senior Civil Engineer, Engineering Department; that the presentation was approximately 3.5 to 4 minutes and contained information pertinent to data being presented; that playing and entering the videotape of Mr. Freija's rebuttal at the appropriate time would be appreciated. Mayor Cardamone asked if reviewing the videotape is of interest to the Commission? City Attorney Taylor stated that as Mr. Dasher is an Affected Person, reports and evidence may be presented; that time to view the tape will count against available speaking time. Mr. Dasher stated that the majority of the citizens is against the Applicant!s expansion; that the expansion should be accomplished on a legal basis; that the Condominium on the Bay Management Corporation, Inc., appealed a ruling by the Director of Building, Zoning and Code Enforcement as to prior parking requirements; that 531 parking spaces were required when the hotel was built; that at the time of the appeal, 330 parking spaces existed leaving a deficit of 201; that the appeal was in December 1997; that in June 1997 a three-party agreement was entered among the City, the Hyatt, and the Condominium on the Bay Management Corporation, Inc., allowing withdrawal of the appeal; that a letter dated April 23, 1998, from Attorney Mark Singer of the City Attorney's Office to Barbara Levin, Attorney, law firm of Abel, Band, Russell, Collier, Pitchford & Gordon, Chartered reads as follows: it is my opinion that the voluntary dismissal of the appeal and the withdrawal of the site plan would not prevent an administrative appeal to the Board of Adjustment by the Condominium on the Bay Management Corporation, Inc., or any other person who would have standing to do so, on the same issue raised by the Petitioner in this matter, or on any other interpretations made by the Building and Zoning Administrator on a subsequent filed site plan. A specific agreement to this effect in the stipulation between the parties and the City of Sarasota is appropriate. Mr. Dasher stated that the interpretation is the City as only one party to a three-party agreement cannot change the parking requirements on the Applicant's propertyi that the parking requirement should remain the same; that 3,000 square feet of additional ballroom space at 7 square feet per person results in an additional 428 people who could attend a function in the 10,000-square-foote ballroom, or a total of 1,428 people; that the hotel has 300 rooms, which will accommodate 600 people; that the requirement of 20 additional spaces with the impact on traffic of over 400 people certainly is not de minimus and cannot be accommodated by 20 parking spaces; that a letter was received from the United States Army Corps of Engineers (USACE) indicating the BOOK 46 Page 18732 10/04/99 6:00 P.M. BOOK 46 Page 18733 10/04/99 6:00 P.M. Applicant has applied for expansion of the marina which would also require additional parking spaces. The portion of a videotape of Mr. Freija speaking at the PBLP's September 1, 1999, meeting regarding a traffic study was displayed for viewing on the overhead monitors in the Chambers. Mayor Cardamone stated that Staff was asked to be prepared to respond to the concern regarding the minutes of the September 1, 1999, PBLP meeting. Mr. Dasher stated that over 1,500 dwelling units have been approved from Bay's Bluff on North Tamiami Trail south to Gulf Stream Avenue; that the existing count is approximately 1,250 units; that in 1991 according to the City's traffic analysis, 30,991 trips occurred on US 41; that the December 1994 updated report indicates 34,284 trips; that the Sarasota/Manatee Metropolitan Planning Organization (MPO) traffic report conducted in 1997 reported 35,0 000 trips, and in 1998 reported 35,000 trips; that the 1994 report indicated a level of service (LOS) F, with a minimum accepted standard of LOS D; that the City's Comprehensive Plan presently indicates a LOS C; that Section 163-3180, Florida Statutes, provides no impact will be de minimus if the adopted LOS of any designated hurricane evacuation route is affected; that US 41 is a designated Sarasota County evacuation route. Mr. Dasher stated further the Applicant's previous special exception request was denied by the PBLP at the October 7, 1985, meeting for the following reasons: : noise, glare, economic and other effects of the special exception on adjoining properties and other properties generally in the district; proposed use as not compatible with the established land use pattern; disadvantageous to the community and to the neighborhood; adverse influence on living conditions in the neighborhood; adverse affect on property values in adjacent area; a deterrent to improvement and development of adjacent property in accordance with existing regulations. Mr . Dasher stated that the only difference from 1985 is the additional congestion; that the criteria should not be different; that the pertormance criteria in parking agreements associated with special exceptions have not been followed; that no enforcement has been possible; that the use of the Applicant ' S property as a parking lot has been illegal in the past. Mayor Cardamone requested that other interested persons come forward; and the following interested persons came before the Commission: Phillip Dasher, representing Dr. Ralph Sheffert, President, Bayfront Condominium Association, 888 Boulevard of the Arts (34236), referred to an October 4, 1999, letter from Dr. Sheffert to the City Manager regarding the Hyatt hotel expansion expressing concern regarding increased traffic, and requesting improvement of traffic circulation. Mayor Cardamone asked if the letter from Dr. Sheffert is a result of board action? Mr. Dasher stated yes. Joseph Hyland, 910 Boulevard of the Arts (34236), stated that inconvenience was experienced four times in having to wait for a red light; that the expansion of the Hyatt which may increase business by 25 people could result in experiencing inconvenience six times; that the Condominium on the Bay Management Association, Inc., expended $19,000 to learn the Applicant was not in compliance with parking spaces 25 years ago; that putting the Applicant out of business based on expansion of the ballroom and potential increased traffic is ludicrous; that the traffic light can be changed; that a traffic problem does not exist in the Applicant's area; that the Application should not be a matter of discussion; that the protests waste the Commission's time; that the biggest traffic problem exists near Sarasota Memorial Hospital (SMH); I that the Applicant should be allowed to enjoy increased business. Paul Thorpe, 1818 Main Street (34236), stated that the City's Goals and Guiding Principles are posted on the wall in the Chambers; that one of the City's goals is to "Achieve Economic Vitality through a Healthy Business and Quality Job Opportunities", that the Applicant has served the community for 25 years; that the residents have been handicapped by lack of meeting facilities; that the Applicant should be applauded for contributing to the citizens' needs. Ernest Babb, 1886 Bahia Vista Street (34239), stated that the proposed expansion should be approved; that the issue is if adequate plans are made to handle the existing traffic; that the roadways should accommodate new building; that the LOS should not be degraded; that the City's Comprehensive Plan is not being followed; that the City's Comprehensive Plan provides for the Fruitville Road extension running through the Ritz-Carlton Hotel property; that road capacity has not been increased to alleviate traffic problems; that the Florida Statutes provide the City has the right of eminent domain on US 41 to keep traffic corridors BOOK 46 Page 18734 10/04/99 6:00 P.M. BOOK 46 Page 18735 10/04/99 6:00 P.M. open; that the City's Comprehensive Plan provides that the City should encourage the MPO to earmark developer contributions to advance the Fruitville Road Extension to a higher priority; that funds are not available for problem areas; that the City should formulate a workable plan. Mayor Cardamone requested that the Applicant come forward for rebuttal. Mr. Freedman stated that the residential property at El Vernona Avenue is surrounded by the C-CBD Zone District; that a significant buffer will be planted around the proposed parking lot sO nearby residents will not see vehicles; that the proposed buffer and walls will enhance the area; that the highest and best use of the property will improve in the future; that the City's requirements in the Zoning Code (1998) are being met; that the City's regulations establishes the 35 percent credit for parking due to the association with a full-service hotel; that two issues are being presented: the de minimus determination associated with the project and traffic in general; that the de minimus determination is based on the number of trips the project will generate; that a threshold has been established in the City's Comprehensive Plan; that the proposed expansion does not trigger the threshold; that the threshold is not based on other projects in the area; that individual projects are considered; that the Commission has addressed traffic in general by adopting a Transportation Concurrency Exception Area (TCEA) which provides for a comprehensive study of traffic in the area; that growth and change should not be halted until the study is completed. Attorney Russell stated that the number of parking spaces at the Hyatt was not consistent with the requirements of the then- existing Zoning Code for unknown reasons; and cited Section VII- 202( (C), Zoning Code (1998), as follows: Where, on January 1, 1975, a use exists whose parking, for any reason whatsoever, is less than that which was required by the zoning code in effect at the time a building permit was issued for the structure (s) thereon, such parking shall be deemed a lawfully existing characteristic of use . Attorney Russell stated that the Hyatt has been grandfathered; that the three-party agreement allows the issue of non-conforming parking to be raised; however, adoption of the Zoning Code (1998) made the issue moot; that an issue no longer exists. Mayor Cardamone requested that Affected Persons come forward for rebuttal. Mr. Dasher stated that treating traffic as a joke is a concern; that the amount of traffic accidents on US 41 is horrendous; that no de minimus impact is possible on dedicated hurricane evacuation routes; that no crosswalks on US 41 on the south side of the east and west intersections from Sarasota High School to Bee Ridge exist; that US 301 is also very dangerous. Mayor Cardamone requested that the City come forward for rebuttal. Dennis Daughters, Director of Engineering/City Engineer, came forward and stated that a de minimus determination is based on one percent of the adopted LOS of the affected road; that the numbers clearly indicate the number of trips generated from the Applicant's request is well under one percent of the adopted LOS on Boulevard of the Arts and US 41; that hurricane evacuation routes are taken into account; that the proposal is for 11 spaces and expansion of the ballroom; that the ballroom would not be used during a hurricane evacuation; that traffic improvements will be provided as new dwellings are constructed; that Staff will be making a presentation concerning the TCEA to the Commission in January 2000. Jane Robinson, Director of Planning, Planning and Development Department, came forward and stated that the Commission directed the Ringling Bypass traffic circulation option (Fruitville Road Extension) be eliminated from the Future Land Use Map; that an amendment to the City's Comprehensive Plan will be prepared to eliminate the Fruitville Road corridor extending through to the Ritz-Carlton Hotel property. Commissioner Quillin asked for clarification of a de minimus determination on hurricane evacuation routes. Mr. Daughters stated that the de minimus impact of less than one percent applies to both Boulevard of the Arts and US 41; that the parking area and ballroom would not be in use during evacuation periods. Commissioner Quillin stated that cumulative traffic totals are not used in determining traffic impact; that projects already approved on Boulevard of the Arts or surrounding roads are not included in the traffic studies. Mr. Daughters stated that each development is not included; however, the major developments are included if recently approved; that the transportation concurrency consultant is asked to include the developments; that background traffic is increased at a rate of three percent annually. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, Closed the public hearing. BOOK 46 Page 18736 10/04/99 6:00 P.M. BOOK 46 Page 18737 10/04/99 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4167 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4167, incorporating Application Nos. 99-RE-08 and 99-SP-0 on first reading. Commissioner Quillin stated that seeing the highest and most intense use encroaching into a neighborhood is a concern; that a high level of pedestrian and vehicular traffic exists in the neighborhood; that the El Vernona Avenue area could be rezoned; that the Applicant's expansion is impressive; that Staff's method of conducting traffic studies is of concern; that moving one or two handicapped parking spaces Closer to the front door would be appreciated. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Vice Mayor Pillot stated that 55 minutes remain before adjournment time; that four public hearings remain; that other items of business remain to be addressed; that much time has been consumed in the public hearings just completed; that the right of any Commissioner to use time is respected; that a courtesy to the Commission and the public would be not to make repetitious comments and make a statement relative to a vote on the motion; that more respect and cooperation with the use of time is requested. 14. QUASI- JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4168, TO AMEND ORDINANCE NO. 99-4120 BY THE SUBSTITUTION OF SITE PLAN 99-SP-R FOR PREVIOUSLY APPROVED SITE PLAN 99- SP-A TO ALLOW AN APPROXIMATE EIGHTY-FOUR (84) ROOM/SUITE HOTEL ON 2.09 + ACRES IN THE COMMERCIAL PARK (CP) ZONE DISTRICT; SAID PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY PARKWAY AND ROYAL PALM DRIVE WITH A STREET ADDRESS OF 1040 UNIVERSITY PARKWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 99-SP-R; ETC. (TITLE ONLY) (APPLICATION NO. 99-RE-12 & 99-SP-R, APPLICANT BRUCE FRANKLIN, AS AGENT FOR THE OWNER, MCKIBBON BROTHERS, INC. .) - PASSED ON FIRST READING (AGENDA ITEM IV- B-3) #3 (2483) through (2653) Mayor Cardamone stated that proposed Ordinance No. 99-4168 is to permit an approximately 84-room suite hotel on 2.09 acres located at the southeast corner of University Parkway and Royal Palm Drive in the Commercial Park (CP) Zone District; that the applicant is Bruce Franklin, agent for the owner, McKibbon Brothers, Inc. City Auditor and Clerk Robinson stated that no one has filed for certification as an Affected Person. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone and Vice Mayor Pillot and Commissioners Hogle and Quillin stated that no ex-parte communications have occurred. Mayor Cardamone opened the public hearing; requested that the Applicant come forward; and in the absence of the Applicant, requested that Staff come forward for the City's presentation. Mark Hess, Senior Planner II, Planning and Development Department, came before the Commission and stated that Rezoning Application No. 99-RE-12 was filed to amend Conditional Rezoning Ordinance No. 99-4120 by substituting Site Plan Application No. 99-SP-R pertaining to the construction of a second hotel consisting of + 84 rooms/suites on the property located at the southeast corner of University Parkway and Royal Palm Drive in lieu of the previously approved Site and Development Plan No. 99-SP-A; that the Planning Board/Local Planning Agency (PBLP) held a public hearing regarding the Applications at its September 1, 1999, meeting; that the PBLP unanimously recommended approval of the Applications subject to the following conditions: a. Site and Development Plan Application No. 99-SP-A is of no further force or effect. b. Applicant shall cause the proposed concrete block walls abutting the south and east boundary lines of the Project to the finished with stucco on both sides. C. Site development and construction plans for the Project shall be in compliance with the plans signed August 12, 1999, and received by the Planning and Development Department on August 17, 1999 - d. Final construction and/or utility plans shall include a fire hydrant located within 40 feet of the Fire Department Connection (FDC) Commissioner Quillin asked if the fire hydrant issue has been satisfied? Mr. Hess stated that Applicant's construction plans will indicate the fire hydrant.. BOOK 46 Page 18738 10/04/99 6:00 P.M. BOOK 46 Page 18739 10/04/99 6:00 P.M. City Auditor and Clerk Robinson stated that no interested persons have signed up to speak. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4168 by title only. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 99-4168 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 15. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4170, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 344 MONROE DRIVE, HISTORICALLY KNOWN AS THE COLONEL FREDERICK AND JESSIE BYERLY HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 99-HD-13, APPLICANT MIKKI HARTIG, AS AGENT FOR THE OWNERS, CHRISTOPHER D. AND SUZETTE J. S. CUSHMAN) - PASSED ON FIRST READING (AGENDA ITEM IV-B-4) #3 (1428) through (1731) City Attorney Taylor stated that no one filed for certification as an Affected Person regarding proposed Ordinance No. 99-4170; therefore, the applicant's presentation should be limited to five minutes with three minutes for rebuttal. Mayor Cardamone stated that proposed Ordinance No. 99-4170 provides for the designation of the structure located at 344 Monroe Drive, historically known as the Colonel Frederick and Jessie Byerly House; that the Applicant is Mikki Hartig, agent for the owners, Christopher and Suzette Cushman. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot and Commissioners Hogle and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical and Architectural Research Services, came before the Commission, gave a slide presentation depicting photographs of the structure, and stated that the request is for historic designation of the structure located at 344 Monroe Drive in the St. Armands subdivision, the Colonel Frederick and Jessie Byerly House, which is a T-shaped, vernacular, concrete block, one-story single family residential structure completed in 1951; that the Historic Preservation Board at its meeting of June 8, 1999, unanimously recommended approval based on the criteria of Section IV-806 (A) (5), Zoning Code (1998), as follows: 5. Represents the work of a designer or builder whose work has been generally acknowledged Ms. Hartig continued that a garage on the site was not included in the Zimmerman's original drawings; therefore, historic designation is requested for the house only. Mayor Cardamone asked if the request for the designation is based on the architect? Ms. Hartig stated yes. Mayor Cardamone requested that Staff come Eorward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission and read for the record a memorandum dated June 28, 1999, from Lorrie Muldowney, Historical Resources Specialist for Sarasota County, to the Historic Preservation Board indicating the structure located at 344 Monroe Drive represents the work of the father and son architectural team of Ralph and William Zimmerman who are recognized as master builders and designers in the City; that other buildings by Ralph and William Zimmerman recognized for their historical and architectural significance include the National Register listed Kreissle Forge and the Alice Watters Beebee House which was recently listed on Sarasota County's Register of Historic Places; that the Historic Preservation Board unanimously recommends historic designation of the structure known as the Colonel Frederick and Jessie Byerly House, which meets the criteria of Section IV-806 (A) (5),Zoning Code (1998). Mayor Cardamone stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4170 by title only. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 99-4170 on first reading. Mayor Cardamone requested that City Auditor and Clerk BOOK 46 Page 18740 10/04/99 6:00 P.M. BOOK 46 Page 18741 10/04/99 6:00 P.M. Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Quillin, yes; Cardamone, yes; Hogle, yes; Pillot, yes. 16. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4171, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 750 HUDSON AVENUE, HISTORICALLY KNOWN AS THE JOSEPH AND FLORENCE GLENNON HOUSE, AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; (TITLE ONLY) (APPLICATION NO. 99-HD-14, APPLICANT MIKKI HARTIG, AS AGENT FOR THE OWNERS, RALPH AND BEVERLY MOORE) - PASSED ON FIRST READING (AGENDA ITEM IV-B-5) #3 (1734) through (1909) City Attorney Taylor stated that no one filed for certification as an Affected Persons regarding proposed Ordinance No. 99-4171; therefore, the applicant's presentation should be limited to five minutes with three minutes for rebuttal. Mayor Cardamone stated that proposed Ordinance No. 99-4171 provides for the designation of the structure located at 750 Hudson Avenue, historically known as the Joseph and Florence Glennon House; that the Applicant is Mikki Hartig, agent for the owners, Ralph and Beverly Moore. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot and Commissioners Hogle and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical and Architectural Research Services, came before the Commission, gave a slide presentation depicting photographs of the structure and stated that the request is for historic designation of the structure located at 750 Hudson Avenue known as the Joseph and Florence Glennon House, which is a one-story frame vernacular single-family residence built in 1936; that the Historic Preservation Board at its meeting of August 10, 1999, unanimously recommended approval based on the criteria of Section IV-806 (A) (1), Zoning Code (1998) as follows: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America Mayor Cardamone requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission and read for the record a memorandum dated August 2, 1999, from Lorrie Muldowney, Historical Resources Specialist for Sarasota County, to the Historic Preservation Board indicating the structure located at 750 Hudson Drive and built in 1936 is a representation of depression-era housing; that the Historic Preservation Board unanimously recommends historic designation of the structure known as the Joseph and Florence Glennon House, which meets the criteria of Section IV-806 (A) (1), Zoning Code (1998). Mayor Cardamone stated that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4171 by title only. On motion of Commissioner Hogle and second of Commissioner Vice Mayor Pillot, it was moved to pass proposed Ordinance No. 99-4171 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yesi Hogle, yes; Pillot, yes; Quillin, yes. 17. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4172, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1435 77K STREET, HISTORICALLY KNOWN AS THE LEONARD REID HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; ETC. (TITLE ONLY) (APPLICATION NO. 99-HD-15, APPLICANT MIKKI HARTIG, AS AGENT FOR THE OWNER, J. DONALD WALLACE) - PASSED ON FIRST READING (AGENDA ITEM IV-B-6) #3 (1937) through (2139) City Attorney Taylor stated that no one filed for certification as an Affected Persons regarding proposed Ordinance No. 99-4172; therefore, the applicant $ S presentation should be limited to five minutes with three minutes for rebuttal. Mayor Cardamone stated that proposed Ordinance No. 99-4172 provides for designation of the structure located at 1435 7th Street, historically known as the Leonard Reid House; that the BOOK 46 Page 18742 10/04/99 6:00 P.M. BOOK 46 Page 18743 10/04/99 6:00 P.M. Applicant is Mikki Hartig, agent for the owner, J. Donald Wallace. Mayor Cardamone requested that Commissioner ex parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot and Commissioners Hogle and Quillin stated that no ex parte communications have occurred. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Mikki Hartig, Historical and Architectural Research Services, came before the Commission, gave a slide presentation depicting photographs of the structure and stated that the request is for historic designation of the structure located at its new site at 1435 Seventh Street, the Leonard Reid House, which is a single- family frame vernacular residence completed in 1926; that the Historic Preservation Board at its meeting of August 10, 1999, unanimously recommended approval based on the criteria of Sections IV-806 (A) (3) and (4), Zoning Code (1998), as tollows: 3. Is associated with the life of a person who has played a significant role in our local, state or national history; and 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction Ms. Hartig continued that not recognizing the contribution of Mr. Reid's daughters, Ethel Reid Hayes and Viola Reid, would be neglectful; therefore, designation of the house as "The Reid House" is requested for the purpose of giving recognition to Mr. Reid's two daughters. Vice Mayor Pillot stated that the name would not have significance without the first name; and asked if designating the house "The Leonard Reid Family House" would be suitable? Ms. Hartig stated yes. Mayor Cardamone requested that Staff come forward for the City's presentation. John Burg, Chief Planner, Planning and Development Department, came before the Commission and read for the record a memorandum dated August 2, 1999, from Lorrie Muldowney, Historical Resources Specialist for Sarasota County, to the Historic Preservation Board indicating the structure at its new location at 1435 Seventh Street is associated with the lives of the Reid family, who played a significant role in the City's early development and embodies the characteristics of the frame vernacular style of architecture; that the Historic Preservation Board unanimously recommends historic designation of the structure known as the Leonard Reid House, which meets the criteria of Sections IV- 806 (A) (3) and (4), Zoning Code (1998). Mayor Cardamone that no interested persons have signed up to speak; that neither the Applicant nor the City has any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4172 by title only. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4172 on first reading. Commissioner Quillin, as the seconder of the motion, with the approval of Vice Mayor Pillot, as the maker of the motion, amended the motion to change the name of the property from the Leonard Reid House to the Leonard Reid Family House. Mayor Cardamone called for a vote on the motion to pass proposed Ordinance No. 99-4172 on first reading with the name of the property changed to the Leonard Reid Family House on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 18. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #3 (2140) through (2265) Ken Shelin, 117 North Washington Drive (34236) representing the St. Armands Residents Association, came before the Commission and stated that the members of St. Armands Residents Association are pleased with the outcome of the October 4, 1999, Commission workshop; that the Board of the St. Armands Residents Association met today to prepare a statement concerning traffic calming and distributed the statement of the St. Armands Residents Association indicating agreement with the Commission's policy and efforts regarding traffic calming; that many techniques are involved in traffic calming; that the Board of the St. Armands Residents Association requests codifying the traffic calming program and suggestions are offered in the distributed statement; that codifying the traffic calming program will provide assurance to the public of its future existence; and distributed a Resolution of the Board of the St. Armands Residents Association dated October 4, 1999, which applauds and thanks the Commission for opposing construction of a high, fixed-span bridge to replace BOOK 46 Page 18744 10/04/99 6:00 P.M. BOOK 46 Page 18745 10/04/99 6:00 P.M. the existing John Ringling Causeway drawbridge and assures further support of measures deemed appropriate by the Commission to prevent the construction of a high, fixed-span bridge. 19. UNFINISHED BUSINESS: DISCUSSION RE: TRAFFIC CALMING MEASURES - APPROVED TO: 1) REPLACE SPEED HUMPS ON WOOD STREET, BROWNING STREET, BAHIA VISTA, AND OTHER AREAS AFFECTED BY CONSTRUCTION OR THE LAWSUIT CONCERNING SPEED HUMPS AGAINST THE CITY, 2) INSTALL PREVIOUSLY APPROVED SOUTHEAST SARASOTA TRAFFIC CALMING MEASURES, 3) INSTALL BIRD KEY SPEED TABLES, AND 4) INSTALL TRAFFIC CALMING MEASURES FOR PHASE II OF THE SOUTH SARASOTA TRAFFIC CALMING TASK FORCE REÇOMMENDED PROJECT (AGENDA ITEM VI-1) #3 (2265) through (3117) Mayor Cardamone stated that Agenda Item VI-1 was personally placed on the Agenda to assure the traffic calming measures previously approved by the Commission proceed; that at today's October 4, 1999, Commission workshop, the Commission reached majority consensus to direct Staff to proceed; therefore, an extensive presentation is not required at this time. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to: 1. Approve replacement of speed humps removed at Wood Street, Browning Street, Bahia Vista, and other areas affected due to re-paving and the lawsuit concerning speed humps against the City. 2. Install previously approved Southeast Sarasota traffic calming measures. 3. Install Bird Key speed tables. 4. Install traffic calming measures for Phase II of the South Sarasota Traffic Calming Task Force recommended project. Vice Mayor Pillot stated that the privilege of repeating the personal comments made at today's Commission workshop is appreciated; that personal opposition to speed humps and bumps is well known in the community; however, a review of the record was conducted; that some of the previously approved traffic calming programs were supported in the past due to persuasive input received at the Commission table; that the motion is supported, which was previously indicated at today's Commission workshop, in fairness to the individuals for whom the speed humps were previously approved; that the speed humps were removed due to re- paving or the pending lawsuit which has now been settled; that fairness, propriety, and respect dictate support of the previously approved traffic calming programs; however, support should not be taken as an indication of future decisions concerning future requests, which will be thoughtfully and carefully considered; that the previously held personal position may change in the future; that the current motion is supported due to fairness and decency; however, no misunderstanding concerning any future position should be implied. Kafi Benz, Box 2900 (34230), was no longer present in the Chambers. Joseph Hyland, 910 Boulevard of the Arts (34236), was no longer present in the Chambers. Sam Schackow. 2355 McClellan Parkway (34239) President of the Coalition of City Neighborhood Associations (CCNA), came before the Commission and stated that the CCNA is concerned with traffic calming issues throughout the City and in neighborhoods; that traffic calming programs should be developed by neighborhoods at the grass-roots level; that traffic calming throughout the City is supported by the CCNA; that clarification is requested concerning the Citywide traffic calming plan referenced in the October 4, 1999, workshop; that neighborhood input, consensus and cooperation with City Staff without preclusion of the use of any effective devices should occur; that the Commission's willingness to support the CCNA's projects and the Mayor's resolve toward traffic calming are appreciated; that the steadfast commitment of the Vice Mayor not only to previous Commission positions but to all issues is appreciated. Vice Mayor Pillot stated that a Citywide traffic calming plan is very important and has been previously requested; that Commissioner Quillin has also requested a Citywide traffic calming plan; that the Citywide traffic calming plan is not intended as a single recipe for the entire City but rather a plan which incorporates individual neighborhood plans; that neighborhood input is requested and necessary due to the differences between neighborhoods. Mayor Cardamone stated that two questions were presented to the Commission at today's workshop: 1) the status of currently approved traffic calming projects which was settled by majority consensus and 2) a continuance of the future traffic calming programs throughout the City; that the term "Citywide" is used to advise the public and Staff of the desire to continue traffic calming programs which will involve the entire City. Mr. Schackow stated that the clarification is appreciated. Steve Katzman, 2170 McClellan Parkway (34239), came before the Commission and stated that installation of speed tables has BOOK 46 Page 18746 10/04/99 6:00 P.M. BOOK 46 Page 18747 10/04/99 6:00 P.M. resulted in traffic slowing down which allows residents to exit driveways; that drivers are not passing on the street at double yellow line markings; that neighborhoods are safer as a result of implementation of speed tables; that the Commission's efforts are appreciated. Rob Patten, 1862 Alta Vista Street (34236), representing the South Sarasota Traffic Calming Task Force, came before the Commission and stated that the Commission's commitment to continue traffic calming measures is appreciated; that the Vice Mayor should be recognized for the commitment to support previous actions of the Commission, particularly since some of the techniques employed are not supported by the Vice Mayor; that the process by which the South Sarasota Traffic Calming Task Force made recommendations to the Commission was one of dynamic citizen involvement, deliberations and deliberative compromise; that citizens were proud to be a part of the successful grass-roots effort; that the Commission stood behind the citizens coming to government with ideas for resolutions; that the Commission acknowledged and implemented the citizens' ideas; that the Commission and the public are moving toward the next era of traffic calming in seeking innovative and new techniques for making streets safe and neighborhoods livable; that the Commission's next step is supported and is extremely important to neighbors, neighborhoods and the community. Rick Liberi, 1810 Morrill Street (34236), President of the Laurel Park Neighborhood Association (LPNAL, came before the Commission and stated the Commission's majority consensus and openness to traffic calming in the City with neighborhood input is appreciated; that support for retention of the John Ringling Causeway drawbridge is also appreciated. Joe Moraco, 2163 Hibiscus Street (34239), Co-Chair of the Southeast Sarasota Neighborhood Traffic Calming Task Force, came before the Commission and stated that the continued support of the traffic calming project- in the southeast Sarasota neighborhood is appreciated; that the recent Statewide neighborhood conference in St. Petersburg was an affirmation of the success of the southeast Sarasota neighborhood and Staff in developing the approved traffic calming program and of the process followed; that attendance at the Statewide conference was enjoyable and revealed the City is one of the most innovative in the State. Maryann Schumacher, 2730 Wood Street (34237), came before the Commission, thanked the Commission, and stated that the October 4, 1999, Commission workshop was a success; that remaining questions are if Wood Street can be at the top of the list for replacement of the speed humps and if a date can be set. Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Wood Street project should be completed before Thanksgiving 1999; that Staff will contact Ms. Schumacker with the schedule for Wood Street, which will be one of the first projects scheduled for completion as only speed humps are required and contracts to install speed bumps are already in place; that the project might be completed earlier than Thanksgiving 1999 if the weather permits. Commissioner Quillin stated that the October 4, 1999, Commission workshop was successful; that good ideas were presented for discussion; that the motion includes speed humps; that speed humps do not remedy long-term traffic problems; that speed humps are not acceptable; that citizens have indicated dislike of globs of asphalt and prefer speed tables to control traffic speed; that information was personally presented to the Commission and Staff which supports the use of speed tables; that committees in Arlington Park neighborhood worked diligently as have other groups to provide traffic calming in neighborhoods; that the future should be considered; that a master plan of transportation and City streets would reflect the manner in which traffic calming devices affect the City grid system and the impact on existing neighborhoods; that the motion on the floor includes speed humps and will not be supported; that other methods of traffic calming are favored; however, globs of asphalt on City streets are not acceptable. Mayor Cardamone called for a vote on the motion to: 1. Approve speed hump replacement for humps removed at Wood Street, Browning Street, Bahia Vista, and other areas affected due to construction and the lawsuit concerning speed humps against the City. 2. Install previously approved Southeast Sarasota traffic calming measures. 3. Install Bird Key speed tables. 4. Install traffic calming measures for Phase II of the South Sarasota Traffic Calming Task Force recommended project. Motion carried (3 to 1) : Hogle, yesi Pillot, yes; Quillin, noi Cardamone, yes. 20. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 99R- 1219, AMENDING THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) FOR THE YEARS 1996 - 1997 AND 1997 - 2000, ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VII-3) #3 (3117) through (3246) BOOK 46 Page 18748 10/04/99 6:00 P.M. BOOK 46 Page 18749 10/04/99 6:00 P.M. Donald Hadsell, Director of Housing and Community Development, came before the Commission and stated that proposed Resolution No. 99R-1219 amends the State Housing Initiatives Partnership Program (SHIP) for the years 1996-1997 and 1997-2000; that the amendment allocates $864,683 in additional SHIP revenue received during FY 1998/1999; that the amendment also allocates program income received in FY 1998/1999 and expected to be received in FY 1999/2000; that the amendment establishes a forgivable loan program to assist families with disabled household members; that the amendment contains other minor changes. City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. 99R-1219 and authorizing Staff to initiate a forgivable loan program to remove barriers for households with a disabled family member. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to adopt proposed Resolution No. 99R-1219 and authorize Staff to initiate a forgivable loan program to remove barriers for households with a disabled family member. Mayor Cardamone asked for clarification of the phrase "to remove barriers for households with a disabled family member. I Mr. Hadsell stated that removal of architectural barriers can mean improving accessibility to bathrooms, restrooms, changing cupboards and cabinets or adding ramps to the home; that currently a loan program is provided; however, the loan must be paid back at the time the property is sold; that research with realtors participating in the City's partnership program has determined items such as ramps for handicapped accessibility do not add value to but may detract from the value of the home; therefore, the proposed change is to provide a forgivable loan over a five-year period to families with disabled household members. Mayor Cardamone stated that the phrase could be revised to read "to remove barriers in households with a disabled family member. City Auditor and Clerk Robinson read Proposed Resolution No. 99R- 1219 by title only. Mayor Cardamone restated the motion to adopt Resolution 99R-1219 and authorize Staff to initiate a forgivable loan program to remove barriers in or for households with a disabled family member. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yesi Cardamone, yes. 21. APPOINTMENT RE: BOARD OF RULES AND APPEALS - APPOINTED DAVID PERNA AND SAMUEL HOLLADAY (AGENDA ITEM VIII-1) #3 (3246) through (3309) Mayor Cardamone stated that John Cusmano, occupying the seat designated for a licensed Fire Alarm Contractor, has resigned; that William Halstead, occupying the seat designated for a Licensed Architect, has resigned; that applications from David Perna, licensed Fire Alarm Contractor, and Samuel Holladay, licensed Architect, have been received. Vice Mayor Pillot stated that each seat has only one applicant; that the applications have been reviewed; that Mr. Holladay is known to the Commission; that the credentials submitted by Mr. Perna display qualifications required for the position of licensed Fire Alarm contractor. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to appoint David Perna and Samuel Holladay to the Board of Rules and Appeals. Motion carried unanimously (4 to 0) : Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 22. APPOINTMENT RE: COMMUNITY DEVELOPMENT ADVISORY COMMITTEE - APPOINTED JODY HUDGINS, CYNTHIA PORTER AND RICHARD MARTIN (AGENDA ITEM VIII-2) #3 (3309) through (3579) Mayor Cardamone stated that Resolution No. 99R-1185 established a Community Development Advisory Committee to assist in the development of the August 2000 Consolidated Plan and provided for the appointment by the City of three members to the Committee with the following qualifications: 1. One citizen actively engaged in the bank or mortgage banking industry in connection with affordable housing. 2. One citizen actively engaged as an advocate for low- income persons in connection with affordable housing. 3. One citizen at large. Mayor Cardamone further stated that members appointed by the Commission should be residents of the City, or own or be affiliated with business with principal offices in the City; that six applications have been received as follows: Cynthia Porter as an advocate for low-income persons. Jody Hudgins representing banking or mortgage industry or citizen at large. P. Edward Maguire representing banking or mortgage industry or citizen at large. BOOK 46 Page 18750 10/04/99 6:00 P.M. BOOK 46 Page 18751 10/04/99 6:00 P.M. Richard Martin as citizen at large. Trevor Harvey as citizen at large. Vivian Heggs as citizen at large. Mayor Cardamone stated that Ms. Hudgins lives in the City and also serves on the Sarasota Housing Authority (SHA) Board. Commissioner Quillin stated that two applications were received for the seat designated for a citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing; however, only one applicant, Ms. Hudgins, is a City resident; that the other applicant, Mr. Maguire, is a County resident; that the County has its own representation on the Board. Mayor Cardamone stated that City representation is important. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to appoint Jody Hudgins to the seat designated for citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone stated that Cynthia Porter is a City resident and has applied for the seat designated for an advocate for low- income persons in connection with affordable housing. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to appoint Cynthia Porter to the seat designated for an advocate for low-income persons. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Commissioner Quillin stated that Mr. Harvey has a good background to serve on the Board. On motion of Commissioner Quillin, it was moved to appoint Trevor Harvey to the seat designated for a citizen at large. Motion died for lack of a second. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to appoint Richard Martin to the seat designated for a citizen at large. Motion carried unanimously (4 to 0): Hogle, yes; Pillot, yes; Quillin, yes; Cardamone. Mayor Cardamone stated that three outstanding individuals have been named to serve on the Board; that Staff should provide the Commission information regarding attendance and participation as the Board develops; that City representation on the Board is important; that the lack of full participation will be to the City's disadvantage; therefore, the Commission should be kept apprised. City Manager Sollenberger stated that reports will be provided. Commission Quillin stated that the City Auditor and Clerk should contact applicants to determine interest in serving on other boards; that several individuals serve on multiple boards. City Auditor and Clerk Robinson stated that the applicants will be contacted. 23. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA ADMINISTRATION. TO TAKE ACTION AS APPROPRIATE CONCERNING THE RETENTION POND ENCROACHMENT IN THE CLEVELAND DRIVE RIGHT-OF-WAY (AGENDA ITEM X) #3 (3579) through #4 (0195) COMMISSIONER QUILLIN: A. stated that an incident involving a shooting occurred last week on Bahia Vista Street; that many people expressed concern regarding the service of a warrant at noon with two schools in close proximity; that Bahia Vista Street was closed to serve the warrant. Vice Mayor Pillot stated that the warrant was served by the Sheriff's Department. Commissioner Quillin stated that the Sheriff's Department served the warrant but was accompanied by two City police officers as part of the task force; that she called and requested traffic in the area be directed in a better manner; that the schools should have been notified; that the warrant was served during the day rather than at night as usual. Commissioner Hogle stated that the service was handled by the Sheriff's Department; that the Sheriff has complete authority in Sarasota County regardless of input from the City's Chief of Police; that the City is not in a position to judge the Sheriff's Department; that the Sheriff's Department will be conducting an investigation and will probably provide the City a report. VICE MAYOR PILLOT: A. stated that the Commission previously requested he confer with Father Fausto Stampiglia concerning the future of the building which currently houses St. Martha School on Orange Avenue; that the building will be put up for sale; that the diocese would prefer not selling BOOK 46 Page 18752 10/04/99 6:00 P.M. BOOK 46 Page 18753 10/04/99 6:00 P.M. the building; however, the proceeds are required to fund the new school. Mayor Cardamone stated that the personal hope is for a buyer interested in developing a vocational or technological training center; that the School Board of Sarasota County could be requested to consider some opportunities. Vice Mayor Pillot stated that the diocese has received one inquiry concerning the building; that the diocese cannot divulge the source of the inquiry; however, the implication was the City would be pleased if an agreement can be reached to sell the building to the party involved. Commissioner Quillin stated that a partnership may be of interest; that the desire for a vocational/cechnical school in the northern part of the City is often mentioned by the public. Vice Mayor Pillot stated that the diocese would probably not be interested in a partnership for a vocationai/technical school, which is not the diocese's normal business. B. stated that a local attorney called and complimented the City on the Web site; that the Agenda material was found very helpful; that the other material on the City's Web site was found very complete and useful. MAYOR CARDAMONE: A. stated that an encroachment of a retention pond in the Cleveland Drive right-of-way was raised during the discussion of Agenda Item IV-B-1(a) concerning the Radisson Lido Beach Resort; that a Commission consensus to have the Administration take action as necessary would be appreciated. Commissioner Quillin stated that representatives of the Lido Ambassador condominiums have indicated a willingness to work with the City concerning the retention pond encroachment. Mayor Cardamone stated that the consensus of the Commission is to have the Administration take action as appropriate to resolve the retention pond encroachment in the Cleveland Drive right-of-way. B. stated that correspondence has been received concerning the backing up of traffic on Fruitville Road in front of Cardinal Mooney High School, which should be addressed. City Manager Sollenberger stated that Staif has been requested to review the problem; that contact with the Florida Department of Transportation (FDOT) will be required; that a response was provided the writer indicating the traffic problems will be addressed. Mayor Cardamone stated that a copy of the response would be appreciated. Vice Mayor Pillot stated that within approximately one year, St. Martha School will be located on the southwest corner of McIntosh and Fruitville Roads, which will increase the requirement for good traffic control. 24. ADJOURN (AGENDA ITEM XII) #4 (0195) There being no further business, Mayor Cardamone adjourned the Regular meeting of October 4, 1999, at 11:34 p.m. Onuli LCa MOLLIE C. CARDAMONE, MAYOR TA AT3 ES BALLE Robnson BILLY Ey ROBINSON, CITY AUDITOR AND CLERK 190 BOOK 46 Page 18754 10/04/99 6:00 P.M.