BOOK 48 Page 20589 02/05/01 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 5, 2001, AT 6:00 P.M. PRESENT: Mayor Gene M. Pillot, Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, Deputy City Auditor and Clerk Karen D. McGowan, and Sarah Schenk, City Attorney's Office ABSENT: City Auditor and Clerk Billy E. Robinson and City Attorney Richard J. Taylor PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 6:00 p.m. Deputy City Auditor and Clerk McGowan gave the Invocation followed by the Pledge of Allegiance. Mayor Pillot recognized Paul Mercier, Commissioner, Sarasota Board of County Commissioners, who was present in the Chambers, and stated that the attendance of Commissioner Mercier at the meeting is welcomed and appreciated. 1. PRESENTATION RE: : RECOGNITION OF THE DELEGATION FROM DUNFERMLINE, SCOTLAND, WHO ARE GUESTS OF THE CITY AND THE SISTER CITIES ASSOCIATION FOR THE PURPOSE OF EXPLORING A SISTER CITY TIE BETWEEN OUR TWO CITIES - COUNCILOR ALAN KENNEY (FIFE COUNCIL) REPRESENTING COVENOR JOHN MACDOUGALL, GRANT WARD, SERVICE MANAGER, SPORTS, PARKS AND AMENITIES, GERRY MCMULLIN, HISTORIAN AND COMMUNITY REPRESENTATIVE #1 (0000) through (0922) Mayor Pillot stated that the Presentation to the Delegation from the City of Dunfermline, Scotland, will be made first on the Agenda as the Delegation has an evening flight to return to Dunfermline, Scotland. Mayor Pillot requested that Councilor Alan Kenney of the Fife Council, representing Covenor John MacDougall, Grant Ward, Service Manager, Sports/Parks and Amenities, Gerry McMullin, Historian and Community Representative, City of Dunfermline, Scotland, and Hope Byrnes, President, Sarasota Sister Cities Association (SSCA), join him before the Commission table for the presentation; and stated that the Delegation from the City of Dunfermline, Scotland, are guests of the City and the SSCA to explore a Sister City relationship between the Cities of Sarasota and Dunfermline; that forging a similar bond between cities is called "twinning" in Europe; that the visit of the Delegation is appreciated. Councilor Kenney stated that Covenor John MacDougall extends greetings to the City and the Commission; that Fife refers to the historical Kingdom of Fife in Scotland; that the City of Dunfermline was the capitol of Scotland during the time of the Kingdom of Fife; that Fife now refers to the County of Fife; that the Fife Council is similar to the County Commission; that five councils existed previously but were consolidated into the Fife Council, which governs the approximately 336,000 citizens of County, of Fife; that the County of Fife is similar in size and population to Sarasota Countyi that the population of the City of Dunfermline is approximately 60,000, which is similar to the City of Sarasota; that forging a sister cities bond is called a "twinning" in Europe; that a twinning of the Cities of Dunfermline and Sarasota will forge a bond between people; that forefathers from Dunfermline settled in Sarasota; that the Cities of Dunfermline and Sarasota and the Counties of Fife and Sarasota are similar; that developing a common bond will not be difficult and should be encouraged; that the visit to the City of Sarasota was enjoyed by the Delegation. Councilor Kenney continued that the culture, sporting and recreational activities, friendly citizens and development of the Cities of Dunfermline and Sarasota are similar; that the City of Sarasota has a strong Scottish and Caledonian history; that the Sarasota Scottish Highlands Games were attended while visiting and were enjoyed; that the City of Sarasota's Scottish history will forge even stronger bonds with the City of Dunfermline; that an economic relationship between the Cities of Dunfermline and Sarasota is also important; that meetings were held with representatives of the Greater Sarasota Chamber of Commerce; that exchanges of . the local members of the Dunfermline and Sarasota business communities were discussed and should be encouraged; that the City of Dunfermline and other Fife municipalities have twinned with 16 cities; that the City of Dunfermline has twinned with four cities; that the first twinning was initiated in 1947 as a result of a number of Dunfermline citizens serving in the City of Trondheim, Norway, in World War II; that the twinning was established following World War II; that another twinning was established with the BOOK 48 Page 20590 02/05/01 6:00 P.M. BOOK 48 Page 20591 02/05/01 6:00 P.M. City of Wilhelmshaven, Germany, which served as the sole German Naval Port during World War II; that a naval port for Allied Forces was also located near the City of Dunfermline during World War II; that the Cities of Sarasota and Dunfermline also have similarities. Councilor Kenney further stated that the intention is to make a presentation to the local government and businèss community; that 17 local organizations from the County of Fife and the City of Dunfermline expressed interest in twinning with the City of Sarasota; that further interest is anticipated after the presentations; that during the visit to the City of Sarasota, the Delegation was treated with respect and hospitality, which were appreciated; that the potential for twinning the Cities of Dunfermline and Sarasota is strongi; that the new Asolo Theater came from Dunfermline originally; that a celebration will be held during 2003 to recognize Andrew Carnegie, who migrated from the City of Dunfermline to the United States of America and achieved significant success; that Andrew Carnegie returned to Dunfermline in 1903 and purchased a significant amount of property which was donated to the City of Dunfermline; that the first library was established in the City of Dunfermline by the Carnegie family, which contributed generously to local education; that a music institute and museum were also established to honor Andrew Carnegie; that the people of Sarasota are welcome to visit the City of Dunfermline and the County of Fife; that the State of Florida and Scotland are similar in geographic size; however, only 5 million people live in Scotland; that many citizens of other countries have a Scottish heritage; that the hospitality of everyone in Sarasota is appreciated. Mr. Ward stated that the opportunity to visit the City of Sarasota and the warm hospitality of the people of the City of Sarasota are appreciated; that the schedule during the five-day visit was busyi that the bonds between the Cities of Dunfermline and Sarasota should be strengthened by twinning; * that an exchange between the two communities should be encouraged; that the details of a relationship between the two cities will be explored upon returning home ; that the strong cultural tradition and heritage of the two communities is similar. Mr. McMullin stated that the history of Sarasota is interesting; that the hospitality of the people of the City of Sarasota is appreciated and is similar to the hospitality exhibited by the people of the City of Dunfermline; that the efforts of the SSCA are also appreciated. Mayor Pillot stated that the Cities of Sarasota and Dunfermline have an additional connection; that the City of Edinburgh, Scotland, is located approximately 20 miles southeast of the City of Dunfermline; that John Hamilton Gillespie was a founder of the City of Sarasota and was born in the City of Edinburgh. Ms. Byrnes stated that the SSCA is honored to host the Delegation; that hopefully, future delegations from the City of Dunfermline will visit the City of Sarasota; that projects will be established benefiting the Cities of Sarasota and Dunfermline; that the citizens of the City of Sarasota should visit the City of Duntermline; that establishing the City of Dunfermline as a sister city is exciting; that the City of Sarasota has five sister cities including the Cities of Hamilton, Ontario, Canada, Vladimir, Russia, Tel Mond, Israel, Perpignan, France, and Santo Domingo, Dominican Republic; that the City of Dunfermline would represent a special addition to the City of Sarasota's sister cities; that the City's support for the SSCA is appreciated. Mayor Pillot stated that greetings are extended to Covenor MacDougall; that the hope is Covenor MacDougall will visit the City of Sarasota; that the gifts received from the Delegation were appreciated; that the gift of a silver bowl was especially appreciated and represents the hospitality of the people of the City of Dunfermline; and presented a City logo pin, City flag, money clip with a City logo, Key to the City, and a book entitled "Sarasota: Journey to Centennial" by Janet Snyder-Matthews to the members of the Delegation. Councilor Kenney presented a Scottish minted coin and other gifts from the County of Fife to the Commission; and stated that the goodwill of the City and the Commission is appreciated and respected; that the people of Sarasota should visit the County of Fife and the City of Dunfermline; that the Royal and Ancient Golf Club of St. Andrews, which is located in the County of Fife, should also be visited and is owned by the Fife Council; that the Society of the Royal and Ancient Golf Club of St. Andrews allows Fife Councilors the opportunity to visit and play golf; that Fife Councilors are also allowed to bring guests; that the City of Sarasota will be the first English-speaking sister city of the City of Dunfermline; that the hospitality of the people of Sarasota is appreciated. BOOK 48 Page 20592 02/05/01 6:00 P.M. BOOK 48 Page 20593 02/05/01 6:00 P.M. Mayor Pillot stated that the gifts of the Delegation are appreciated. Vice Mayor Hogle stated that the visit of the Delegation is appreciated; that the hope is the City of Dunfermline will become a twinned sister city; that a personal visit will be made to the City of Dunfermline and the County of Fife in the Euture. Commissioner Quillin stated that the potential for the City of Dunfermline to become a sister city is exciting; that John Hamilton Gillespie was a founder of the City of Sarasota; that many Scottish citizens immigrated to and settled in the City of Sarasota, which has a strong Scottish heritage; that establishing the City of Dunfermline as a sister city will serve as a tribute to the Scottish heritage of the City of Sarasota; that a sister city association with a city in Scotland has been personally desired for a long time. Commissioner Mason concurred and stated that the Delegation is welcome in the City of Sarasota; that the members of the Delegation and citizens of the City of Dunfermline and the County of Fife are encouraged to visit the City of Sarasota. Commissioner Cardamone stated that members of the Delegation participated in the festivities of the St. Armands Circle 75th Anniversary Celebration; that the members of the Delegation wore kilts and other clothing representative of Scottish heritage; that the participation of the members of the Delegation in the festivities was appreciated; that a previous personal visit to the City of Dunfermline, the County of Fife and the Royal and Ancient Golf Club of St. Andrews was enjoyed. Mayor Pillot stated that the weather of the Cities of Sarasota and Dunfermline is not similar; that a temperature of approximately five degrees Celsius is projected for the City of Edinburgh on February 6, 2001; that the visit of the Delegation was appreciated; that the hope is the Cities of Sarasota and Dunfermline will be twinned in the near Euture. 2. PRESENTATION RE: : EMPLOYEE OF THE MONTH FOR JANUARY 2001, NIGEL H. WEAIT, LANDSCAPE MAINTENANCE SPECIALIST I, PUBLIC WORKS DEPARTMENT, /LANDSCAPE MAINTENANCE DIVISION #1 (0922) through (1098) Vice Mayor Hogle requested that City Manager Sollenberger, James West, Supervisor, Landscape Maintenance, Public Works, William Hallisey, Director of Public Works, join him before the Commission table for the presentation; and requested that Nigel Weait, Landscape Maintenance Specialist I, Public Works, Employee of the Month for January 2001, join him before the Commission. Vice Mayor Hogle stated that a goal of the City is to put the customer first, which requires outstanding employees; that the City honors an outstanding employee each month as Employee of the Month. City Manager Sollenberger stated that James West, Supervisor, Landscape Maintenance, Public Works, was recently recognized as the Employee of the Year for 2000; that Mr. West is Mr. Weait's supervisor; that the work and efforts of the Landscape Maintenance Division are appreciated; that Mr. Weait's work and efforts received many compliments from the public. Mr. Hallisey stated that Mr. Weait's recognition as the January 2001 Employee of the Month at the current meeting is appropriate; that by coincidence, Mr. Weait's mother was born in the City of Dunfermline, Scotland; that Mr. Weait's grandfather served as a Fife Councilor; that Mr. Weait has worked for the Landscape Maintenance Division for two years and provides a high quality of service; that Mr. West nominated Mr. Weait; that the City recently installed a lift station near a group of condominiums; that Mr. Weait spoke to and included concerned residents of the condominiums in planning the landscaping for beautification; that St. Armands Key, St. Armands Circle, Bay Shore Road and Mecca Drive were landscaped and beautified, leaving the community appreciative; that Mr. Weait has a strong work ethic and a positive attitude; that Mr. Weait served previously as a supervisor of groundskeeping at the Marie Selby Botanical Gardens; that Mr. Weait also previously worked for the Royal Horticulture Society of the United Kingdom, which only employs the best groundskeepers; that Mr. Weait is a dedicated employee who serves with "Excellence and Pride." Vice Mayor Hogle presented Mr. Weait with a City-logo watch, a plaque, and a certificate as the January 2001 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Weait recognized his wife, Jamie Weait, present in the audience and stated that the support of his wife is appreciated; BOOK 48 Page 20594 02/05/01 6:00 P.M. BOOK 48 Page 20595 02/05/01 6:00 P.M. that Mr. West is a supervisor dedicated to the beautification of the City; that the efforts of fellow employees of the Landscape Maintenance Division to provide understanding and assistance are appreciated. 3. PRESENTATION RE: GOVERNMENT FINANCE OFFICERS ASSOCIATION'S CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AND THE DISTINGUISHED BUDGET PRESENTATION AWARD #1 (1098) through (1385) Mayor Pillot requested that City Manager Sollenberger, Gibson Mitchell, Director of Finance, David Flatt, Manager of Accounting and Payroll, Dolores Gamble, Supervisor of Accounting and Payroll, Michelle Valentich, Financial Management Analyst, and Christopher Lyons, Deputy Director of Finance, join him before the Commission table for the presentation. City Manager Sollenberger stated that the efforts of the Staff of the Finance Department are outstanding and appreciated; that Staff of the Finance Department provides excellence and reliability in reporting the City's financial information; that a benchmark measuring the performance of public financiers is the standard set by Government Finance Officers Association (GFOA) i that the Certificate of Achievement for Excellence in Financial Reporting and the Distinguished Budget Presentation Award from the GFOA represent significant achievements in governmental accounting, financial reporting, and budgeting; that the City received the Distinguished Budget Presentation Award for the 19th consecutive year; that the efforts of the Staff of the Finance Department are appreciated. Mayor Pillot presented the Certificate of Achievement for Excellence in Financial Reporting to Mr. Flatt. Mr. Flatt stated that the leadership provided by Mr. Mitchell and Mr. Lyons is appreciated; that the efforts of the Staff of the Finance Department are appreciated; that the efforts of other City Staff who provide the necessary financial information to the Finance Department should be recognized and are appreciated. City Manager Sollenberger stated that the City Manager's Office prepared the City's annual budget previously; that the Finance Department is now responsible for preparing the City's annual budget and was specifically requested to attempt to achieve the Distinguished Budget Presentation Award for the budget document each year; that the Distinguished Budget Presentation Award has been received for ten consecutive years. Mayor Pillot presented the Distinguished Budget Presentation Award to Mr. Lyons and Ms. Valentich. Mr. Lyons stated that developing the City's annual budget is a challenging but rewarding task; that the preparation process evolved significantly since the Finance Department assumed responsibility for development of the City's annual budget; that the requirements for the successful achievement of the Distinguished Budget Presentation Award are constantly increasing; that the efforts of City Staff who provide the necessary financial information to the Finance Department are appreciated; that a role of Finance Staff is to obtain the required information from other City Staff. City Manager Sollenberger stated that Staff is responsible for preparing the presentation of the City's annual budget to the Commission; that the City's annual budget must be presented in a clear and concise format; that efforts of Staff to present the City's annual budget in a clear and concise format have facilitated each City department's efforts to provide the necessary budgetary information to the Finance Department and the Commission; that efforts of the Finance Staff are appreciated. Mayor Pillot stated that the City's annual budget was reviewed and analyzed during each of the 12 years served as a Commissioner; that the annual budgets of the Sarasota County School Board were also reviewed and analyzed while serving as Superintendent; that City Finance Staff has always prepared clear, concise and legible annual budgets for the City; that the budgetary efforts of Finance Staff are unparalleled in excellence; that any citizen can understand and decipher the City's annual budget due to the efforts of Finance Staff, which are appreciated. 4. PRESENTATION RE: MAYOR ' S CITATION TO THE SARASOTA LOCK AND KEY SHOP FOR OVER 75 YEARS OF CONTINUOUS OPERATION OF A FAMILY BUSINESS #1 (1385) through (1792) Mayor Pillot requested that Commissioner Cardamone join him before the Commission table for the presentation. BOOK 48 Page 20596 02/05/01 6:00 P.M. BOOK 48 Page 20597 02/05/01 6:00 P.M. Mayor Pillot stated that the City recently initiated a program to recognize and honor local businesses owned and operated by the same family leadership over generations and providing services to citizens of the City for more than 50 years. Commissioner Cardamone requested that Pete and Dianne Esthus join her before the Commission for the presentation; stated that the Sarasota Lock and Key Shop has provided services to the residents of the City for more than 75 years; and read in its entirety the Mayors Citation to the Sarasota Lock and Key Shop for over 75 years of continuous operation of a family business. Commissioner Cardamone continued that her family moved to the City in 1945; that her first bicycle was purchased from the Sarasota Cycle and Key Shop, which was the previous name of the Sarasota Lock and Key Shop; that bicycles were scarce following World War II; however, Mr. Esthus maintained a list of families and children wishing to. purchase bicycles and remembered to sell a bicycle to her family; that the memory of the receipt of the bicycle has always been treasured; that the Esthus family continues to serve the local community with dedication. Mr. Esthus recognized Ray Esthus, brother, who was present in the Chambers, and stated that the Esthus family has served the local community with pride for many years; that his father, Arthur Esthus, served as a Commissioner from 1945 to 1947 and was committed to serving the local community; that the Sarasota Lock and Key Shop will continue to the serve the City for many years; that the recognition of the City is appreciated. Commissioner Cardamone stated that the hope is the Sarasota Lock and Key Shop will continue to the serve the local community for at least another 75 years. Mayor Pillot stated that photographs of life in the City over the course of many years are maintained at the Sarasota Lock and Key Shop located Downtown on State Street; that the public is encouraged to view the photographs reflecting the City's history and utilize the services of the Sarasota Lock and Key Shop. 5. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (1792) through (1825) Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-6, Approval Re: Proposed change in the City's Grant Agreement with the Florida House Institute (FHI) to allow a monthly fee for service, with required documentation of expenses provided to the City by FHI before subsequent monthly payments are made, per the request of Development Services Director Horwedel. B. Remove Consent Agenda No. 2, Item No. III B-1, Adoption Re: Proposed Resolution No. 01R-1339, regarding the membership of the Community Development Advisory Committee through 2005: amending Resolution No. O0R-1302 establishing the Community Development Advisory Committee to add thereto a fourteenth member who shall be a voting student member appointed annually by the Board of County Commissioners of Sarasota County through the County's students taking active roles (STAR) in government program; etc., per the request of Housing and Community Development Director Hadsell. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): Cardamone, yesi Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 6. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 16, 2001 APPROVED (AGENDA ITEM I) #1 (1825) through (1839) Mayor Pillot asked if the Commission had any changes to the minutes? Mayor Pillot stated that hearing no changes, the minutes of the January 16, 2001, Regular Commission Meeting are approved by unanimous consent. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 7, 8, 9 AND 10 - APPROVED (AGENDA ITEM III-A) #1 (1839) through (2280) Commissioner Quillin requested that Item No. 4 be removed for discussion. 1. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Corrective Amendment to Easement Agreement between the City of Sarasota, Southern BOOK 48 Page 20598 02/05/01 6:00 P.M. BOOK 48 Page 20599 02/05/01 6:00 P.M. Broadcast Corporation of Sarasota, and Coastal Recovery Centers, Inc., regarding Channel 40 property, transaction 2. Approval Re: Renaming the Adult Recreation Center to the Chidsey Bayfront Community Center 3. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and the ADP Group, (R.F.P. No. 01-6M) to provide usual and customary architectural services for the design, permitting, and construction coordination of various projects on an annual basis 5. Approval Re: Authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute the First Extensions to the Agreements with Angie Brewer & Associates to provide Grant/Loan Procurement Assistance, and Summit Professional Services, Inc., to provide Compliance consulting services (R.F.P. No. 99- 78H) 7. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the proposed Purchase Agreement for property located at 1451 Fifth Street in the Rosemary Neighborhood 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Extension of the License Agreement between the City of Sarasota and the School Board of Sarasota County for a period of three (3) years whereby they make available to the City certain property in the vicinity of the Ed Smith Sports Complex to be utilized for overflow parking for patrons of the Ed Smith Sports Complex specifically during spring training season 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Extension of Sarasota Youth Baseball Club, Inc.'s (SYBC), License Agreement with the City of Sarasota for a period of three (3) years whereby they make available to the City certain property in the vicinity of the Ed Smith Sports Complex to be utilized for overflow parking for patrons of the Ed Smith Sports Complex specifically during spring training season 10. Approval Re: Set for public hearing proposed Ordinance No. 00-4272, pertaining to Skateboarding for public hearing on February 20, 2001; etc. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to approve Consent Agenda No. 1, 2, 3, 5, 7, 8, 9 and 10. Motion carried unanimously (5 to 0) : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Kraft Construction Company, Inc., (R.F.P. No. 01-16H) for the renovation and restoration of the Historic Federal Building, 111 South Orange Avenue, Sarasota, Florida Commissioner Quillin stated that the City only recently purchased the Federal Building; that Item No. 4 concerns the hiring of a general contractor for the renovation and restoration of the Federal Building; that $1.76 million is requested for the proposed renovations; however, funding of the proposed renovations was neither discussed nor approved; that a report concerning the proposed renovations should be provided to the Commission. Nancy Carolan, Director of General Services, came before the Commission and stated that Commission approval of Item No. 4 authorizes the Administration to enter into contract negotiations with Kraft Construction Company, Inc. (Kraft), which was ranked the highest response to RFP No. 01-16H; that Barger and Dean Architects, Inc. (Barger and Dean), were hired to provide architectural services for the renovation of the Federal Building; that Staff continues to work with Barger and Dean to plan the renovation of the Federal Building; that $1.76 million was proposed at the time the Commission approved issuing a bond to purchase the Federal Building; that the budget is preliminary; however, Staff is committed to maintaining the projected costs to renovate the Federal Building; that Barger and Dean incurred costs to analyze the feasibility of constructing a second floor in the Federal Building and to prepare a program for the relocation of the approved City departments and programs; that a final renovation program has not been prepared; that Commission approval will be sought following completion of the design of the renovations and the formulation of a final budget for the renovations; that Staff's BOOK 48 Page 20600 02/05/01 6:00 P.M. BOOK 48 Page 20601 02/05/01 6:00 P.M. recommendation is to hire Kraft as a construction manager to assist the City in determining the final costs to renovate the Federal Building. Commissioner Quillin stated that $1.76 million was a preliminary cost figure proposed to the Commission; that the Commission only approved relocating certain City departments and programs to the Federal Building; that the Commission previously discussed preparing a Master Plan for the Federal Building; that the intent was not to examine the potential for the construction of a second floor in the Federal Building. Mayor Pillot asked if approval of Item No. 4 only authorizes the Administration to hire Kraft as a construction manager who will be responsible for supervising the construction of renovations to the Federal Building, but does not include approval of the design of the renovations? Ms. Carolan stated yes. Commissioner Quillin asked if Kraft will also serve as the general contractor for the renovations to the Federal Building? Ms. Carolan stated yes. Commissioner Quillin stated that Item No. 4 should not be approved until a definite design and budget for the renovations are complete; that Barger and Dean should prepare a report to the Commission concerning the proposed renovations and the relocation of City departments and programs to the Federal Building; that a contractor with experience in renovating historic buildings should be hired. Commissioner Mason asked if hiring a general contractor and construction manager prior to finalizing the construction design is a regular procedure? Ms. Carolan stated yes; that the construction manager will become a member of the design team and will assist with the design and development of the renovations; that the Commission will examine and approve the final design of the proposed renovations; that the construction manager will also prepare a final budget for the proposed renovations. Vice Mayor Hogle asked if Commission approval of Item No. 4 only authorizes the Administration to negotiate a contract with Kraft? Ms. Carolan stated. that Commission approval of Item No. 4 authorizes the Administration to : negotiate a construction management at risk contract with Kraft, which would be responsible for proposing a budget of the projected costs of the proposed renovations; that Kraft would estimate costs based upon a final design, which has not been completed by Barger and Dean; that Staff will seek Commission approval of the final design of the renovations. Vice Mayor Hogle asked if Commission approval of the negotiated construction manager at risk contract is required? Ms. Carolan stated yes; that the negotiated construction manager at risk contract would be presented to the Commission with the budget for the proposed renovations to the Federal Building. Commissioner Cardamone stated that the costs of the City Hall renovations significantly exceeded the projections of the hired architect; and asked if the employment of a construction manager will ensure projected renovation costs are maintained throughout construction? Ms. Carolan stated yes. Commissioner Cardamone stated that a construction manager should have been hired for the City Hall renovations. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to approve Consent Agenda No. 1, Item No. 4. Commissioner Quillin stated that the City will be required to pay Kraft a fee to prepare a budget for the proposed renovations to the Federal Building; and asked if Kraft submitted a bid for the costs to provide service to the City? Ms Carolan stated that Kraft provided a proposal which included a construction management fee, which is negotiable. Commissioner Quillin asked the amount of Krait's construction management fee? Ms. Carolan stated that Kraft's proposed construction management fee is five percent of the final cost of the renovations. Mayor Pillot called for a vote on the motion to approve Consent Agenda No. 1, Item No. 4. Motion carried (4 to 1): : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, no; Pillot, yes. BOOK 48 Page 20602 02/05/01 6:00 P.M. BOOK 48 Page 20603 02/05/01 6:00 P.M. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1339) - REMOVED UNDER CHANGES TO THE ORDERS OF THE DAY; ITEM 2 (RESOLUTION NO. 01R-1341) ADOPTED; ITEM 3 (ORDINANCE NO. 00-4216) - ADOPTED; ITEM 4 (ORDINANCE NO. 00-4219) ADOPTED (AGENDA ITEM III-B) #1 (2280) through (2444) 2. Adoption Re: Proposed Resolution No. 01R-1341, Resolution No. 01R-1341, a Resolution calling for the first municipal election to be held on March 13, 2001, and the second municipal election to be held on April 10, 2001, if required, for the purpose of electing two at-large City Commissioners for a term of four years; setting forth the location of the polling places; names of clerks, inspectors and officers; (Title Only) 3. Adoption Re: Proposed Ordinance No. 00-4216, an ordinance to vacate that certain approximately northern 147.50 feet of the 40 foot wide Lasula court (platted as Lasula street) right-of-way as bordered on : the north by the southern right-of-way line of Prospect Street and commencing south therefrom for approximately 147.50 feet as more particularly described herein; (Title Only) 4. Adoption Re: Proposed Ordinance No. 00-4219, an ordinance to rezone real property located on the southeast corner of Prospect Street and Lasula Court with street addressed of 1906, 1918, 1926, 1934 and 1942 Prospect Street from the Single-Family Residential-3 (RSF-3) Zone District to the Office, Professional and Business (OPB) Zone District, as more particularly described herein; approving site plan 00-SP-08 to allow an office building to be constructed upon the above-described rezoned property, together with parcels currently in the OPB zone district (a/k/a 1901 and 1921 Floyd Street); providing for conditions of this rezoning inclusive of a proffered site plan; (Title Only) Deputy City Auditor and Clerk McGowan read proposed Resolution No. 01R-1341 and Ordinance Nos. 00-4216 and 00-4219 by title only. On motion of Commissioner Cardamone and second of Commissloner Quillin, it was moved to approve Consent Agenda No. 2, Items 2, 3 and 4. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan explain the public hearing sign-up process. Deputy City Auditor and Clerk McGowan 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 five minutes to speak; that time limits for the quasi-judicial public hearings will be determined at the appropriate time; that speakers will be timed and will be advised when one minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by Deputy City Auditor and Clerk McGowan. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4232, AMENDING THE ZONING CODE (1998) AMENDING ARTICLE IV, - DEVELOPMENT REVIEW PROCEDURES, DIVISION 8, HISTORIC DESIGNATION, SEC. IV-808, CHANGES TO STRUCTURES WITH HISTORIC DESIGNATION/CERTIFICATE OF APPROPRIATENESS, SUBPARAGRAPH A. BUILDING PERMITS, TO CREATE AN EXEMPTION FROM THE REQUIREMENT FOR A CERTIFICATE OF APPROPRIATENESS FOR IMPROVEMENTS TO A HISTORICALLY DESIGNATED STRUCTURE OR SITE UNDER CERTAIN CIRCUMISTANCES; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (2428) through (2605) Mark Hess, Chief Planner, Planning and Developing Department, came before the Commission and stated that the Historic Preservation Board and the Sarasota County Department of Historical Resources recommend approval of Zoning Text Amendment Application No. 00-ZTA-09 as incorporated in proposed Ordinance No. 00-4232 concerning structures of historic significance; that Zoning Text Amendment Application No. 00-ZTA-09 establishes an exemption from the requirement for a Certificate of Appropriateness for certain historically designated properties to eliminate the duplicative process of having properties reviewed by both the City's and the County's Historic Preservation Boards. Mr. Hess continued that many individuals applying for historic designation of real property are interested in utilizing the County's ad valorem tax abatement program; that currently individuals must have building renovations certified by both the City's and the County's Historic Preservation Boards; that the BOOK 48 Page 20604 02/05/01 6:00 P.M. BOOK 48 Page 20605 02/05/01 6:00 P.M. change proposed defers such consideration to the County Historic Preservation - Board; that Zoning Text Amendment Application No. 00-ZTA-09 was filed by the City at the request of the City's Historic Preservation Board; that the review by the City of an application for a Certificate of Appropriateness would be eliminated; however, the City would retain the ability to review and comment concerning the request for a Certificate of Appropriateness; that the Sarasota County Historic Preservation Board would approve the application; that the Planning Board/Local Planning Agency (PBLP) held a public hearing at the December 6, 2000, Regular meeting, concerning Zoning Text Amendment Application No. 00-ZTA-09, unanimously voted to find Zoning Text Amendment Application No. 00-ZTA-09 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and recommends Commission adoption. Mayor Pillot opened the public hearing. There was no one signed up to speak and Mayor Pillot closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 00-4232 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4232 on first reading. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 00-4232 on first reading. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 10. QUASI - JUDICIAL PUBLIC HEARING RE: CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4257, TO REZONE REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF NORTH TAMIAMI TRAIL (U.S. 41) AND GULFSTREAM AVENUE AND HAVING A STREET ADDRESS OF ONE NORTH TAMIAMI TRAIL, FROM THE MULTIPLE- - FAMILY - RESIDENTIAL-6 (RMF-6) ZONE DISTRICT TO THE COMMERCIAL - CENTRAL BUSINESS (C-CBD) ZONE DISTRICT; : APPROVING SITE PLAN 00-SP-24 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; PROVIDING FOR CONDITIONS OF APPROVAL; ETC. (TITLE ONLY) (APPLICATION NOS. 00-RE-17 AND 00-SP-24, APPLICANT DOOLEY & MACK CONSTRUCTOR, INC., AS AGENT FOR CELT, INC., A FLORIDA CORPORATION, OWNER) PASSED ON FIRST READING (AGENDA IV-B-1) #1 (2605) through (3869) Mayor Pillot requested that Robert Fournier, Attorney of the City Attorney's Office explain the quasi-judicial public hearing process. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that during the quasi-judicial public hearings, the Commission will be 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 speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination; that the following individuals were previously certified by the Commission as Affected Persons: : SLAB, L.L.C., an Oklahoma limited liability company (SLAB) i Core Development Incorporated, a Kansas Corporation (Core) Mayor Pillot asked the recommended time limits? Attorney Fournier stated that the public hearing has been continued from the December 18, 2000, Regular Commission meeting; that initial presentations are complete; that the recommendation is to receive Staff's report and allow the Applicant and Affected Persons ten minutes to speak. Mayor Pillot stated that Rezone Application No. 00-RE-17 as incorporated in proposed Ordinance No. 00-4257 is to rezone the property from the Multiple-Family-Residential-6 (RMF-6) Zone District to the Commercial-Central Business (C-CBD) Zone District; that Site Plan Application No. 00-SP-24 has been proffered as a condition of the rezoning; that the applicant is Dooley and Mack Constructors, Inc., as agent for Celt, Inc. (Celt), owner. Mayor Pillot requested that Commissioner ex parte communications, if any, be disclosed. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. BOOK 48 Page 20606 02/05/01 6:00 P.M. BOOK 48 Page 20607 02/05/01 6:00 P.M. Attorney Fournier stated that some concerns were raised by the representative of the Affected Persons at the December 18, 2000, Regular Commission meeting; that the Commission continued the public hearing and did not pass the proposed rezone ordinance on first reading to provide the City, Affected Persons, and the Applicant time to resolve concerns; that the City, the Applicant, and the Affected Persons met on January 4, 2001, and reached an agreement addressing the various issues raised; that the proposed ordinance presented to the Commission at the December 18, 2000, Regular Commission meeting was revised to reflect the agreed-upon changes; that a document entitled First Amendment to Right-of-Way (ROW) Use Agreement 2000 amending the previously executed ROW Use Agreement 2000 was developed; that meetings were held separately and jointly with the Applicant and the Affected Persons; that the concerns of the Affected Persons have been resolved; that the proposed ordinance provides the Amendment to the ROW Use Agreement will be presented to the Commission prior to second reading of proposed Ordinance No. 00-4257; that the Commission should not approve an agreement unless acceptable to all parties; that the Amendment to the ROW Use Agreement will be presented at the second reading of proposed Ordinance No. 00-4257, which is presented for first reading at this time; that the originally submitted site plan has been revised in the following manner: The City has agreed to post a no-left-turn sign for commercial and service vehicles exiting northbound out of the Ringling Tower project from First Street to the Ritz-Carlton Hotel entrançeway so vehicles will not make left turns to the west and drive in front of the Ritz-Carlton Hotel. The Banyan tree on the south side of the Ritz-Carlton Hotel entranceway has been saved and the width of the curb cut on the south side has been increased from 24 to 35 feet to incorporate a median to save the tree. The location of the multi-use recreational trail (MURT) has been moved southward from the original placement on the site plan presented at the December 18, 2000, Regular Commission meeting to preserve the symmetry of the landscaping on either side of the entrance. Celt will not have an immediate access to the property at the time the Ritz-Carlton Hotel is completed but will be allowed to gain an access from the hotel entranceway at the time à building permit' is issued for construction in accordance with the site plan. The curb cut on US 41 will be constructed by Core as provided under the original ROW Use Agreement 2000 and the curb cut may be removed and the entranceway taken from the north at such time as Celt obtains a building permit for construction in accordance with the approved site plan. Attorney Fournier continued that some unnecessary parking spaces were removed; that a significant change has occurred to add an enhanced maneuvering area for large service vehicles such as moving vans, ; that Core's concerns of commercial vehicles blocking the driveway have been mitigated by the change in the plan. Mayor Pillot asked for clarification concerning the no-left-turn sign permitting traffic only to move north. Attorney Fournier stated that the no-left-turn sign will only apply to commercial and service vehicles and is for northbound traffic leaving the Ringling Tower project on the connector access way between the segment of First Street which will remain on the south and the Ritz-Carlton Hotel north entranceway; that commercial vehicles will be precluded from turning westward to the hotel entranceway by signage which the City agrees to enforce; that commercial vehicles will be required to turn right and exit on North Tamiami Trail; that a northbound to westbound turn will be precluded; however, a northbound to eastbound turn will be permitted; that the proposed ordinance previously had an optional provision if an agreement is not achieved; that Celt will be allowed to waive certain provisions included in the ROW Use Agreement 2000 Core was to perform; that the provision was deleted as an agreement has been reached; that a provision was included obligating Celt to make necessary design modifications to the site to utilize the service access if a site plan is made for the property adjacent to the west of the property with a service entrance from Gulf Stream Avenue, running northward connecting to First Street. Mayor Pillot requested that the Applicant come forward. Michael Furen, Attorney, Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., representing Dooley and Mack Constructors, Inc., as agent for Celt, Inc., came before the Commission and stated BOOK 48 Page 20608 02/05/01 6:00 P.M. BOOK 48 Page 20609 02/05/01 6:00 P.M. that the comments of the City Attorney's Office are supported; that Staff and the Administration are thanked for assistance in reaching a mutual accommodation with Core and SLAB; that the Affected Persons are thanked for contributing immediate attention; that the Commission is thanked for bringing the parties together. Richard Gillett, Design Architect, Gillett Associates, came before the Commission, referred to a drawing of the site plan displayed on the overhead projector, and stated that all parties working together enhanced the image of the Ritz-Carlton Hotel entranceway; that the Banyan tree has been saved; that an entry consisting of two 15-foot lanes with a 35-foot radius to First street/Ritz-Carlton Boulevard has been added; that a no-left-turn sign for commercial and service vehicles will be added at the exit of the property. Commissioner Cardamone asked for clarification of streets indicated on the drawing. Mr. Gillett indicated US 41 and First treet/Ritr-Carlton Boulevard and stated that commercial vehicles coming from the Ringling Tower project onto First street/Ritz-Carlton Boulevard cannot make a left turn onto Ritz-Carlton Hotel property; that the entranceway has been enhanced with an occasional loading zone of 22 by 47 feet for large vehicles; that some parking was removed; that the MURT has been realigned to the City-owned First Street right-of-way; that the change improves the landscaping at the Ritz-Carlton Hotel entranceway and creates an open space; that decorative landscaping has been added; that the Ringling Tower property has not changed. Attorney Furen stated that the Ringling Tower project is consistent, compliant, concurrent, and compatible. Mayor Pillot requested that Staff come forward for the City's presentation. City Manager Sollenberger stated that the issues have been presented. Mayor Pillot requested that Affected Persons come forward. Brenda Patten, Land Use Attorney, Kirk-Pinkerton, representing SLAB, L.L.C., an Oklahoma limited liability company (SLAB), Core Development Incorporated, a Kansas Corporation (Core), and C. Robert Buford, property owner, came before the Commission and stated that the comments of the City Attorney's Office are supported; that Kevin Daves, President, Core is present in the audience and has reviewed the site plan; that the Commission is thanked for bringing all parties together; that the efforts of Staff are appreciated; that the agreement is acceptable to all parties; that the final ROW Use Agreement will be presented to the Commission at the second reading of proposed Ordinance No. 00-4257. Mayor Pillot requested that other interested persons come forward. Deputy City Auditor and Clerk McGowan stated that no interested persons have signed up to speak. Mayor Pillot requested that the Applicant come forward for rebuttal. Attorney Furen stated that Commission is urged to consider the request. Mayor Pillot stated that neither the City nor the Affected Persons have any rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 00-4257 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Hogle, it was moved to pass proposed Ordinance No. 00-4257 on first reading. Commissioner Cardamone stated that the Commission would have liked to pass proposed Ordinance No. 00-4257 at the December 18, 2000, Regular Commission meeting; however, the success of the Ritz-Carlton Hotel was of concern; that having the parties develop a workable solution has not only resulted in the facilitation of traffic but has made the project more aesthetically pleasing. Commissioner Quillin stated that sending the proposed ordinance back for revision was difficult; however, improvements were made to the entranceway and accommodations of the development; that the parties are applauded for working together for the betterment of the area. BOOK 48 Page 20610 02/05/01 6:00 P.M. BOOK 48 Page 20611 02/05/01 6:00 P.M. Mayor Pillot stated that the comments supporting Staff and the Administration are appreciated; that the Applicant and Affected Persons are thanked for working together. Mayor Pillot called for a vote on the motion to pass proposed Ordinance No. 00-4257 on first reading and requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 11. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4292, REZONING CERTAIN REAL PROPERTY HAVING A STREET ADDRESS OF 1330 BENJAMIN FRANKLIN DRIVE AND ALSO KNOWN AS THE SITE OF THE AZURE TIDES RESORT, FROM THE MULTI - FAMILY- RESIDENTIAL-4 (RMF-4) ZONE DISTRICT TO THE WATERFRONT RESORT (WFR) ZONE DISTRICT, APPROVING SITE PLAN 01-SP-01 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NO. 01-RE-01, APPLICANT BRENDA L. PATTEN, ESQ. AS AGENT FOR S.L.A.B. LIDO, L.L.C AND S.L.A.B., L.L.C, THE OWNERS) - PASSED ON FIRST READING (AGENDA ITEM IV-B-2) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 01R-1337, APPROVING MAJOR CONDITIONAL USE APPLICATION 01- CU-01 TO ALLOW A PRIVATE RECREATIONAL CLUB AS A MAJOR CONDITIONAL USE ON PROPERTIES HAVING STREET ADDRESSES OF 1234, 1314 AND 1330 BENJAMIN FRANKLIN DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL AND PROVIDING THAT SAID MAJOR CONDITIONAL USE IS REQUIRED TO BE CONSTRUCTED AND LOCATED IN ACCORDANCE WITH THE SITE PLAN SUBMITTED WITH APPLICATION 01-SP-01; ETC. (TITLE ONLY) (APPLICATION NOS. 01-SP-01 AND 01-CU-01, APPLICANT BRENDA L. PATTEN, ESQ. AS AGENT FOR S.L.A.B., L.L.C., THE OWNER) - ADOPTED WITH MODIFICATION (AGENDA ITEM IV-B-3) AND QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED RESOLUTION NO. 01R-1338, APPROVING MAJOR ACCESSORY CONDITIONAL USE APPLICATIONS 01-CU-02, 01-CU-03, AND 01-CU-04 TO ALLOW THREE TYPES OF MAJOR ACCESSORY CONDITIONAL USES ON PROPERTIES HAVING STREET ADDRESSES OF 1234, 1314 AND 1330 BENJAMIN FRANKLIN DRIVE; SAID MAJOR ACCESSORY CONDITIONAL USES BEING AN OUTDOOR ROOFTOP TERRACE RESTAURANT AN OUTDOOR ROOFTOP TERRAÇE BAR; AN OUTDOOR BEACH BAR AND WATER ORIENTED RECREATIONAL FACILITIES, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL AND PROVIDING THAT SAID MAJOR CONDITIONAL USES ARE REQUIRED TO BE CONSTRUCTED AND LOCATED IN ACCORDANCE WITH SITE PLAN APPLICATION NO. 01-SP-01; ETC. (TITLE ONLY) (APPLICATION NOS. 01-SP-01, 01-CU-02, 01-CU-03 AND 04-CU-04, APPLICANT BRENDA L. PATTEN, ESQ. AS AGENT FOR S.L.A.B., L.L.C, THE OWNER) - ADOPTED WITH MODIFICATION (AGENDA ITEM IV-B-4) #1 (3869) through 2 (1610) Mayor Pillot requested legal comment regarding the consideration of three items in one public hearing. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that the items are interrelated; that the recommendation is the Commission conduct a consolidated public hearing concerning Agenda Items IV-B-2, -3, and -4; that a vote concerning Rezone Application No. 01-RE-01 as incorporated in proposed Ordinance No. 01-4292 should be taken first; that proposed Ordinance No. 01-4292 is to rezone a 2.37 acre parcel and approve the site plan for a 76-unit residential condominium and private recreational club; that Site Plan Application No. 01-SP-01 has been proffered as a condition of the rezoning; that proposed Major Conditional Use Application No. 01-CU-01 as incorporated in Resolution No. 01R-1337 is to approve a conditional use of a private recreational club as constructed and located in accordance with Site Plan Application No. 01-SP-01 in the Waterfront Resort (WFR) Zone District; that Major Accessory Conditional Use Application Nos. 01-CU-02, 01-CU-03, and 01-CU-04 as incorporated in proposed Resolution No. 01R-1138 are to approve a major accessory conditional use to a private recreational club constructed and located in accordance with Site Plan Application No. 01-SP-01; that the Applicant is Brenda Patten, as agent for SLAB, Lido, L.L.C. and SLAB, L.L.C.; that no one has filed for certification as an Affected Person; that the recommendation is to provide the Applicant ten minutes to speak. Mayor Pillot stated that hearing the Commission's agreement, the time limit is approved; and requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Quillin referred to and entered into the public record a letter dated January 25, 2001, from Laura Thompson to the Commission indicating that the project is not supported. BOOK 48 Page 20612 02/05/01 6:00 P.M. BOOK 48 Page 20613 02/05/01 6:00 P.M. Mayor Pillot, Vice Mayor Hogle, and Commissioners Cardamone and Mason stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the Applicant come forward. Brenda Patten, Land Use Attorney, Kirk-Pinkerton, representing SLAB, L.L.C. (SLAB), owner of the Ritz-Carlton Hotel project, and SLAB Lido, L.L.C. (SLAB Lido), Oklahoma limited liability companies, owners of 1234, 1314, and 1330 Benjamin Franklin Drive, and Core Development Incorporated, a Kansas Corporation (Core), came before the Commission and stated that Kevin Daves, President, Core, and Millard Yoder, Project Engineer, WilsonMiller, Inc., are present in the audience to respond to questions if desired; that Staff's work and input concerning the project is appreciated; that the quality of the product presented reflects Staff's input; that Site Plan Application No. 01-SP-01 is to approve a site plan to construct a condominium building consisting of approximately 76 residential dwelling units; that proposed Resolution No. 01R-1338 is to approve a private recreational club and accessory uses to the recreational club known as the Members Club of the Ritz-Carlton on a 7.6-acre site located at 1234 and 1314 Benjamin Franklin Drive; that the third component of the Ritz-Carlton Hotel project will be a golf course located east of Interstate (I)-75; that . the 76 condominiums will be constructed in one building which is ten floors over parking; that the units will not be managed or controlled by the Ritz-Carlton Hotel but rather will be marketed and sold to the general public; that the beach club will be available only to guests of the Ritz-Carlton Hotel and residents of the condominiums and members of the club; that the club building will be a one-level structure over parking; that the club consists of 16,480 square feet of indoor space for a restaurant, indoor bar, locker rooms, and a 10,200-square-ros rooftop terrace for an outdoor restaurant and bar; that the other conditional uses for the club include the usual beach amenities such as a swimming pool, pool spa, children's pool and spa, beach umbrellas, shade canopies, beach furniture, games, beach recreation equipment, etc.; that no amplified music or entertainment will be allowed at any of the outdoor facilities of the recreation club which is a proffer of the developer and a requirement of the Zoning Code (1998); that an existing beach bar will remain on site in the proposal and will be significantly remodeled and upgraded to match the décor of the beach club; that the beach bar currently on site was originally approved in 1978 as a special exception to the Azure Tides Motel; that many people today consider the beach bar as a local institution; that Lido Beach residents and members of the public requested keeping some public use of the beach bar; that the original proposal did not include public usei that some public use will be allowed as a result of the public input received; that patrons of the beach bar in the 1970s and 1980s were noisy and disruptive; however, few complaints concerning the beach bar have been received in recent years; that only five complaints on Lido Key between January 1997 and October 1999 involved the beach bar, according to Sarasota Police Department (SPD) reports; that only one drunkenness complaint was received on Lido Key between October 1999 and November 2000 and may not have been related to the beach bar; that the proposal is for some limited use of the beach bar by the public; that the limitations will be set by the Ritz-Carlton Hotel which will manage the beach club and be concerned with maintaining a casually elegant and non-disruptive atmosphere at the beach bar; that the desire is to maintain the atmosphere for club members and condominium residents; that the Ritz-Carlton Hotel management may be more concerned than the neighbors with the decorum of the beach bar; that condominium owners will overlook the beach club; that club management will have the ability to control or eliminate public use if disruptive to the property; that members of the public who use the beach bar will be required to conduct themselves as ladies and gentlemen; that no amplified music or entertainment will be allowed at any of the club's outdoor facilities; that all outdoor uses will be closed at 11 p.m. on Sunday through Thursday evenings and 12 midnight on Friday and Saturday evenings or weekdays preceding a holiday. Attorney Patten referred to a drawing entitled Ritz-Carlton Beach Club and Condominium Site Plan included in the Agenda backup material and indicated Benjamin Franklin Drive, the proposed condominium, the proposed beach club, and the existing beach bar; and stated that a rezoning petition and site plan were submitted for the property by Ecoventure Residences, II, Ltd., in October 1998; that the plans at the time called for a private club and two condominium towers with a total of 129 units; that at least three advertised neighborhood meetings have been conducted since 1998; that many neighbors objected to the 1998 plans as 129 units created too much density for the site; that neighbors objected to the placement of the two condominium towers due to the obstruction of views of the Gulf of Mexico, the general size and mass of the two towers, and the amount of ground space covered; that the site plan was revised to accommodate neighborhood comments and concerns of Staff at the BOOK 48 Page 20614 02/05/01 6:00 P.M. BOOK 48 Page 20615 02/05/01 6:00 P.M. time Core took over development of the site; that the site plan has been redrawn twice since 1998; that the site plan was well received by members of the public who attended an October 5, 2000, neighborhood meeting. Attorney Patten continued that the number of condominium units has been reduced from 129 to 76; that only one condominium tower exists instead of the two originally proposed; that the side-yard setbacks have been increased to reduce the mass of the building and allow greater view corridors to the Gulf of Mexico; that the building has been moved closer to Benjamin Franklin Drive to further promote view corridors; that the site plan has been set closer to Benjamin Franklin Drive sO the façade of the beach club begins 270 feet landward of the mean high water line, leaving a much greater expanse of beach than originally proposed; that the service drive has been revised for concealment; that all parking for the beach club and condominium will be in an enclosed structure with the exception of six surface parking areas; that no public parking is permitted on the site; that the site plan is less dense than permitted by the existing Zoning Code (1998) under the existing Multi-Family Residential-4 (RMF-4) and Waterfront Resort (WFR) Zone Districts; that the site could be developed with 136 condominiums or 342 hotel rooms; that the request of 76 condominiums and one beach club is significantly less dense; that currently no public access to the beach exists through the property; that the site plan proposes a six-foot public beach access along the southern side between Benjamin Franklin Drive and the mean high water line to provide public access from the street to the beach; that the requested zoning, site plan, and conditional uses are consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the tree protection ordinance, the Zoning Code (1998), and all applicable City regulations; that the site plan has been reviewed by the Development Review Committee (DRC) and meets all requirements; that the request is for approval. Kevin Daves, President, Core, came before the Commission and stated that the comments of neighbors Downtown and on Lido Key have been considered consistently; that developers typically attempt to build close to the beach; that a different approach was taken by setting the structures back from the water and allowing view corridors for the neighbors; that the beach club is a low-profile building; that the view from the condominiums was of concern; that landscaping is a priority; that reducing the number of condominiums allows for a concentration of landscaping; that the approach to development has been responsible; that the Ritz-Carlton Hotel project is large; however, the neighbors have few complaints; that meetings with neighbors are held consistently; that the time and effort of Staff is appreciated. Commissioner Quillin stated that Sarasota County Ordinance No. 97-082 concerns loggerhead sea turtles and regulates lighting on the beach; and asked if the proposed site plan addresses lighting on the beach? Attorney Patten stated that Sarasota County Ordinance No. 97-082 requires shielding lighting from the water, does not permit construction during turtle nesting season, and requires beach furniture and equipment be moved off the beaches during the turtle nesting season; that all requirements will be followed. Commissioner Cardamone asked the location of the beach access from Benjamin Franklin Drive? Attorney Patten referred to the Ritz-Carlton Beach Club and Condominium Site Plan and indicated a six-foot easement along the southern boundary of the project site from the public sidewalk to the mean high water line. Mayor Pillot requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the site plan has been modified through the process outlined by the Applicant incorporating a significant number of neighborhood and Staff comments; that the original project was overbuilt; that the site has a wonderful setback decreasing the intensity of use; that the beach club is 35 feet high; that the tower and the articulations maximize the view corridors for residents on site and in adjacent properties; that the original setbacks from the water were less; that Staff coordinated with the County and the developer to ensure compliance with the loggerhead sea turtle ordinance; that types and location of lighting must be decided early; that the Applicant made changes to promote the loggerhead sea turtle nesting season; that the conditional uses are outlined in the proposed resolutions; that the rezoning as outlined is compatible with the uses of the WFR Zone District; that the intent concerning the beach bar is to balance interests; that a significant number of people wish the beach BOOK 48 Page 20616 02/05/01 6:00 P.M. BOOK 48 Page 20617 02/05/01 6:00 P.M. bar to remain public; however, some neighbors contacted Staff with concerns regarding potential impacts; that hours of operation and other conditions will help to minimize negative impacts; that conditional uses are revocable; that Staff does not anticipate problems but has the ability to ensure neighborhood concerns are communicated and addressed through the process; that at the January 3, 2001, Regular meeting, the Planning Board/Local Planning Agency (PBLP) considered Rezone Application No. 00-RE-01, Site Plan Application No. 01-SP-01, Major Accessory Conditional Use Application Nos. 01-CU-02, 01- CU-03 and 01-CU-04, and Major Conditional Use Application No. 00-CU-01, voted to find the applications consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the tree protection ordinance, and recommends Commission adoption. Mayor Pillot requested that other interested persons come forward; and the following interested persons came before the Commission: John Urban, 3310 Steffield Circle (34239), 30-year resident of the City, and Chairman of the Southwest Florida Regional Planning Council, stated that the proposed project is supported; that the beach bar is supported; that gradual removal of public access to the beaches has been seen in the past few years; that the project will put the property to the best use and is compatible with concerned parties; that public access to the beach bar is supported. George Ryan, 241 Garfield Drive (34236), resident of Lido Key, stated that the proposal is supported; that keeping the beach bar public is supported; that places at which the Lido Key community can gather have been disappearing; that the Ritz-Carlton Hotel is willing to allow a portion of the facility to remain public; that the Commission should allow the opportunity. Glenda Mock, 2002 Benjamin Franklin Drive (34237), representing the North Trail Association, stated that the project is the result of development beginning on North Tamiami Trail; that the preview of the Renaissance of Sarasota development on January 31, 2001, was lovely; that people have begun occupying the Sarasota. Bay Club; that the proposed project should be moved forward. Mayor Pillot stated that Glenda Mock has been a leader in the development of North Tamiami Trail. Edward Harding, 2171 Wood Street (34237), asked the location of 1212 Benjamin Franklin Drive and the height of the proposed condominium? Ms. Murphy stated that one portion of the structure is 35 feet high; that the tower portion with the condominium use is 110 feet high. Mr. Harding stated that the concern is being able to live at 1212 Benjamin Franklin Street without having the new building obstruct the view; that knowing the location of 1212 Benjamin Franklin Street in relationship to the proposal is important. Mayor Pillot stated that the building was set back sO the view corridor would not be obstructed. Ms. Murphy stated that some views will be impacted; however, the view obstruction will be much less and mitigated by the manner in which the building is articulated; and referred to the drawing entitled Ritz-Carlton Beach Club and Condominium Site Plan and indicated 1212 Benjamin Franklin Street and the proposed building. Mayor Pillot stated that a view impact is created looking due south from the eastern half of 1212 Benjamin Franklin Drive. Ms. Murphy stated that is correct; that some views will be cut off. Mr. Harding stated that four floors will have cut-off views; that having a plat of the surrounding areas is appropriate to allow people to visualize the proposed project; that a beautiful park exists in the area which Lido Beach residents should be allowed to view. Mayor Pillot requested that the Applicant come forward for rebuttal. Attorney Patten stated that the site was previously occupied by the Azure Tides Motel, the Three Crowns Hotel, and the Lido Beach Inn; that all three buildings had 181 dwelling units. BOOK 48 Page 20618 02/05/01 6:00 P.M. BOOK 48 Page 20619 02/05/01 6:00 P.M. Mayor Pillot stated that the City has no rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, closed the public hearing. Attorney Fournier stated that the recommendation is to make two changes in the proposed resolutions prior to approval as follows: : 1) Proposed Resolution Nos. 01R-1337 and 01R-1338 contain a condition recommended by the PBLP that all previously approved special exceptions applicable to the property specifically including but not limited to the special exception for the beach bar be terminated and revoked if the proposed resolution is approved. As proposed Resolution No. 01R-1337 reads currently, termination occurs on the effective date of the proposed resolution which is the effective date of the proposed ordinance. The request was for a change to keep the beach bar open. The special exception for the beach bar can be terminated at the time a building permit for development in accordance with the site plan is issued. The request is to make the change in proposed Resolution Nos. 01R-1337 and 01R-1338. 2) Proposed Resolution No. 1338 authorizes management to close the beach bar to members of the public on a temporary basis for private functions and activities. The request is to broaden the authority to include not just private functions and activities but also any reason consistent with management's regulations. Attorney Fournier stated that approval of both changes is recommended. Mayor Pillot stated that hearing no objections, the changes are approved. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 01-4292 by Title Only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 01-4292 on first reading. Commissioner Cardamone stated that the project was brought before the Commission many years ago; that the development at the time was intense; that the density and intensity of use of the currently proposed project is good; that the project presented in the past was not satisfactory. Vice Mayor Hogle stated that the comments are supported; that reducing the density from 180 to 76 units is pleasing; that the old hotel on the corner of the beach ruined the beach for walking and obstructed the view; that the new project will be better. Mayor Pillot called for a vote on the motion to pass proposed Ordinance No. 01-4292 on first reading and requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes.. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 01-1337 by Title Only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt proposed Resolution No. 01-1337 with the change in Section 2 (4) as recommended by the City Attorney's Office to terminate the special exception for the beach bar upon the issuance of a building permit for construction in accordance with the approved site plan: (4) All previously approved special exceptions (under the 1974 Zoning Code) applicable to the property described in Exhibit "A" attached hereto shall be deemed terminated and revoked. This termination shall specifically include, but shall not be limited to, the special exception for a beach bar as an accessory use to a hotel or motel in an RMF-4 zone district approved in October 1978. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. Deputy City Auditor and Clerk McGowan read proposed Resolution No. 01-1338 by Title Only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt proposed Resolution No. 01-1338 with BOOK 48 Page 20620 02/05/01 6:00 P.M. BOOK 48 Page 20621 02/05/01 6:00 P.M. the changes in the following Section 2(4) and (5) as recommend by the City Attorney's Office to terminate the special exception for the beach bar upon the issuance of a building permit for construction in accordance with the approved site plan and to provide authorization for management to close the beach bar to members of the public on a temporary basis for private functions and activities and any reason consistent with management's regulations: (4) The club management may close the beach bar to members of the public on a temporary basis for private functions and activities, and the management may exercise its discretion to permanently close the beach bar to the general public if so desired. (5) All previously approved special exceptions (under the 1974 Zoning Code) applicable to the property described in Exhibit "A" attached hereto shall be deemed terminated and revoked. This termination shall specifically include, but shall not be limited to, the special exception for a beach bar as an accessory use to a hotel or motel in an RMF-4 zone district approved in October 1978. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes, Quillin, yes. 12. QUASI-JUDICIAL PUBLIC HEARING RE: SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4288, TO REZONE A PARCEL OF REAL PROPERTY CONSISTING OF t 049.8 ACRES CONSISTING OF A PORTION OF THE BOBBY JONES GOLF COURSE OWNED BY THE CITY OF SARASOTA AND LOCATED AT 1000 CIRCUS BOULEVARD; SAID REZONING BEING FROM THE SINGLE-FAMILY - RESIDENTIAL-2 (RSF-2) ZONE DISTRICT (SARASOTA COUNTY) TO THE GOVERNMENTAL USE (G) ZONE DISTRICT (CITY OF SARASOTA ZONE DISTRICT); SAID PARCEL HAVING BEEN ANNEXED INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA AND BEING MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM IV-B-5) #2 (1610) through (1775) Mayor Pillot stated that Rezone Application No. 00-RE-21 as incorporated in proposed Ordinance No. 01-4288 is to rezone a parcel of real property consisting of 49.8 acres consisting of a portion of the Bobby Jones Golf Course located at 1000 Circus Boulevard; that the City is the Applicant. Robert Fournier, Attorney, City Attorney's Office, came before the Commission and stated that David Cummins applied for and complied with the rules for obtaining Affected Person status as an owner or resident of property within 500 feet of the site; that James and Lynn Soller applied for Aifected Person status; however, the application was not timely received and requires a special vote of the Commission. Deputy City Auditor and Clerk McGowan stated that neither Affected Person has signed up to speak. Mayor Pillot stated that, therefore, no decision concerning Affected Person status is required and requested that Commissioner ex parte communications, if any, be disclosed. Mayor. Pillot, Vice Mayor Hogle, and Commissioners Cardamone, Mason and Quillin stated that no ex parte communications have occurred. Mayor Pillot opened the public hearing and requested that the City as Applicant come forward. Harvey Hoglund, Senior Planner II, Planning and Development Department, came before the Commission and stated that the request is to rezone annexed property consisting of 49.8 acres comprising Bobby Jones Golf Course located at 1000 Circus Boulevard; that rezoning is proposed from the Single-Family Residential-2 (RSF-2) Zone District (Sarasota County Zone District) to Governmental Use (G) Zone District (City of Sarasota Zone District); that at the December 6, 2000, Regular meeting, the Planning Board/Local Planning Agency (PBLP) considered Rezone Application No. 00-RE-21, voted to find the application consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and met the standards for review in the Zoning Code (1998), and recommends Commission adoption; that no site plan is pending; that at the January 16, 2001, Regular meeting, the Commission held the first of two required public hearings and passed proposed Ordinance No. 01-4288 on first reading. Mayor Pillot requested that other interested persons come forward. Deputy City Auditor and Clerk McGowan stated that no interested persons have signed up to speak. BOOK 48 Page 20622 02/05/01 6:00 P.M. BOOK 48 Page 20623 02/05/01 6:00 P.M. Mayor Pillot requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. Deputy City Auditor and Clerk McGowan read proposed Ordinance No. 01-4288 by title only. On motion of Vice Mayor Hogle and second of Commissioner Cardamone, it was moved to adopt proposed Ordinance No. 01-4288 on second reading. Mayor Pillot requested that Deputy City Auditor and Clerk McGowan proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #2 (2048) through (2049) The following person was signed up to speak: Edward Harding, 2171 Wood Street (34237), was no longer present in the Chambers. 14. UNFINISHED BUSINESS: DISCUSSION RE: SKATEBOARD PARK PUBLIC MEETING - REFERRED THE ISSUE OF SKATEBOARD PARKS TO THE ADMINISTRATION TO MEET WITH THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD TO DETERMINE APPROPRIATE TIMES AND PLACES FOR PUBLIC INPUT MEETINGS TO DISCUSS THE PROPOSED SKATEBOARD PARK IN PAYNE PARK (AGENDA ITEM VI-1) #2 (2050) through (2375) Vice Mayor Hogle stated that methods to obtain public input regarding a skateboard park in Payne Park were discussed with the Administration; that the Administration recommended referral to the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) which could conduct two public input meetings; that potential skateboarders and patrons of the skateboard park can attend the first meeting and provide input concerning the size and type of skateboard park preferred; that the proposed skateboard park at Payne Park should be less than an acre; that the results of the public input from skateboarders and patrons can be compiled into a suggested plan so the positive and negative aspects can be reviewed; that neighborhood residents can provide input concerning the suggested plan at a second meeting; that the meetings can be held in conjunction with City and County Staff, the latter of which is experienced with the construction of skateboard parks and is working with the City of North Port, Florida, concerning the construction of a skateboard park in North Port. Commissioner Cardamone agreed. Commissioner Quillin stated that the preference is to hold an open house for both the public and skateboarders to provide input; that Team Pain Enterprises, Inc. (Team Pain) gave an excellent presentation of various features of skateboard parks at the January 22, 2001, Commission Workshop meeting; that the public input meetings can be held in the evenings or on weekends for the convenience of working citizens and skateboarders; that the public should be provided an opportunity to see the plans for the North Port skateboard park and subsequently provide input at a public meeting; that the Parks Board can present recommendations to the Commission following the open house if desired. Vice Mayor Hogle stated that the Parks Board can hold the public meetings; that the Administration can meet with the Parks Board to determine appropriate times and places for the meetings to discuss skateboard parks. On motion of Vice Mayor Hogle and second of Commissioner Mason, it was moved to refer the issue of skateboard parks to the Administration to meet with the Parks, Recreation and Environmental Protection Advisory Board to determine appropriate times and places for public input meetings to discuss the proposed skateboard park in Payne Park. Commissioner Cardamone stated that the Office of the City Auditor and Clerk provided minutes of Commission meetings from 1991 to 2001 concerning all previous discussions regarding skateboard parks; that the public never indicated a skateboard park was unnecessary or unwanted; that children and skateboarders have been waiting a long time for a skateboard park; that the public will be tired of perceived false promises to construct a skateboard park; that public input meetings would be beneficial to the City; however, a public input session at the Commission level is repetitive. Vice Mayor Hogle stated that the results from the public input meetings with the involvement of Team Pain can be obtained in a short period of time; that the Parks Board can evaluate the BOOK 48 Page 20624 02/05/01 6:00 P.M. BOOK 48 Page 20625 02/05/01 6:00 P.M. public's input and present the recommendations to City Staff and the Commission. Commissioner Quillin stated that the proposed location of the skateboard park should remain open; that other locations in the City may be more appropriate than Payne Park for the development of a skateboard park. Mayor Pillot stated that no limitations would be imposed on input at the public meetings concerning a skateboard park. Vice Mayor Hogle stated that is correct; however, the proposed size of a skateboard park at Payne Park should be one acre or less. Commissioner Cardamone stated that the Commission has on three occasions determined by a four-to-one vote to locate the skateboard park in Payne Park; that all previously approved motions must be rescinded to change the location. Mayor Pillot stated that the discussion should not be limited at any public input meetings concerning skateboard parks. Commissioner Cardamone stated that the notices of the public input meetings concerning a skateboard park should indicate the proposed location for a skateboard park in Payne Park has been consistently approved by the Commission. Commissioner Quillin stated that the consistent vote of the Commission regarding the location in Payne Park for a proposed skateboard park occurred without public input; that as the District Commissioner for the neighborhood, the neighbors are concerned the Commission insists on locating a skateboard park in Payne Park without neighborhood input; therefore, advocacy for neighborhood constituents is necessary; that an open house for neighbors and skateboarders to view the Team Pain presentation including the different types of skateboard parks would be beneficial; that thé Commission previously voted three to two at the November 1, 1999, Regular Commission meeting, with the dissent of Commissioners Mason and Quillin, to locate the skateboard park in Payne Park without public input; that the public should be asked if the skateboard park should be located in Payne Park or at another location. Mayor Pillot stated that an item to rescind a previous vote can be placed on a future Commission Agenda if desired; that only three votes is required with advanced notice to rescind a previous vote; that Commissioner Quillin's determination and interest concerning the location of the skateboard park is respected. Commissioner Mason stated that residents and skateboarders will indicate the preferred location of a skateboard park at the public input meetings; that any advertisement can advise the public of the proposed location of the skateboard park at Payne Park. Mayor Pillot stated that the Commission will look for alternate skateboard park locations if strong public input is provided against the proposed location of the skateboard park at Payne Park; that any Commissioner can place an item on a future Commission Agenda to rescind a previously approved motion; that three votes are required to rescind with advanced notice if the Commission is persuaded by the public input; that a rescission could happen. Mayor Pillot called for a vote on the motion to refer the issue of a skateboard park to the Administration - to meet with the Parks, Recreation and Environmental Protection Advisory Board to determine appropriate times and places for public input meetings to discuss the proposed skateboard park in Payne Park. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot yes. 15. NEW BUSINESS: APPROVAL RE: PROPOSED ISSUANCE OF A REQUEST FOR PROPOSALS TO SOLICIT ASSISTANCE IN CREATING A NEWTOWN REDEVELOPMENT PLAN APPROVED AND AUTHORIZED STAFF TO RELEASE THE REQUEST FOR PROPOSALS FOR PUBLICATION (AGENDA ITEM VII-1) #2 (2376) through (3015) City Manager Sollenberger stated that Staff met and discussed a variety of issues with the Coalition for African American Leadership (CAAL), representatives of which are present in the audience to respond to questions if desired; that Staff requested and received a letter from CAAL to accompany the Request for Proposals (RFP) for assistance in creating a Newtown Redevelopment Plan. Gregory Horwedel, Director of Redevelopment and Development Services, came before the Commission and stated that Staff BOOK 48 Page 20626 02/05/01 6:00 P.M. BOOK 48 Page 20627 02/05/01 6:00 P.M. developed the RFP for the Newtown Redevelopment Plan by working in collaboration with CAAL and Newtown residents; that Staff received strong favorable responses from the Newtown community and is looking forward to the implementation of the Newtown Redevelopment Plan; that three components are incorporated in the Newtown Redevelopment Plan: economic development, housing revitalization, and special events and facilities. Commissioner Mason stated that the Agenda. request indicates a Newtown Development Plan rather than a Newtown Redevelopment Plan. Mr. Horwedel stated that the correct name is the Newtown Redevelopment Plan. Commissioner Mason stated that the Florida Department of Transportation (FDOT) is concerned with development in Newtown; that the Newtown Redevelopment Plan should be coordinated with the FDOT road widening project for US 301, which may have an affect regarding the boundaries of the study area for the Newtown Redevelopment Plan. Mr. Horwedel stated that included in the consultant' S responsibility is working with Staff to identify issues bearing on future implementation of an economic development plan in Newtown. Commissioner Quillin stated that a $38,900 grant was received from the Urban Infill Planning Assistance Program (UIPAP); i and asked for clarification of the neighborhoods for which the UIPAP grant was received. Mr. Horwedel stated that the UIPAP grant was received for planning work in Census Tracks Two and Three; that Staff applied for an implementation grant of $300,000 for the Gillespie Park and Park East neighborhoods; that both grants were received from UIPAP but for different purposes. Commissioner Quillin asked if funding can be received even though Newtown has not been designated as an urban infill area? Mr. Horwedel stated yesi that the Newtown Redevelopment Plan is the beginning of the planning process and will carry forward the urban infill designation; that future planning may call for an urban infill designation for Newtown, in which instance the designation would already exist; that Staff can modify the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) to reflect the designation. Commissioner Quillin asked if a defined area has been identified for the boundaries of Newtown? Mr. Horwedel stated yes; that Staff determined the boundaries of Newtown by working with the community. Commissioner Quillin stated that the City has never previously identified the boundaries of Newtown definitively; and asked if the consultant will complete the Newtown Redevelopment Plan in phases? Mr. Horwedel stated that the consultant will review existing data and related studies of Newtown; that Staff is responsible for gathering the information for the consultant; that the consultant will review Staff's information, go into the community to identify certain situations or conditions affecting the redevelopment of Newtown, develop a written report detailing findings, and recommend specific programs and projects; that the consultant will provide a list of proposed capital improvement programs to implement the Newtown Redevelopment Plan; that a phased process will exist; however, a specifically phased implementation plan will not exist; that an effort will be made to implement the entire Redevelopment Newtown Plan once the consultant's recommendations are received. Commissioner Quillin stated that the City and New College of the University of South Florida (New College), Sarasota, Florida, performed a Community Action Research Initiative study (Newtown Study) i that representatives of New College went into the Newtown community and gathered information; and asked if the consultant will repeat the study performed by New College or if supplemental information will be gathered? Mr. Horwedel stated that the consultant will gather supplemental information; that Staff will gather all studies completed to date and provide access to additional information deemed necessary; that duplicating prior efforts is repetitive and uneconomical; that Staff can gather information and guide the Newtown Redevelopment Plan and work with the Newtown community to identify major issues. BOOK 48 Page 20628 02/05/01 6:00 P.M. BOOK 48 Page 20629 02/05/01 6:00 P.M. Commissioner Quillin asked if the Newtown Study performed by New College has been received? Mr. Horwedel stated that the Newtown Study has not been received; that New College has draft results and requires additional time to produce a final report; that Staff will provide the Commission a copy of the Newtown Study completed by New College upon receipt. Commissioner Quillin asked if the consultant will work with the City's Department of Building, Zoning and Code Enforcement and will make recommendations concerning zoning issues? Mr. Horwedel stated yes. Commissioner Mason stated that the Newtown Redevelopment Plan should proceed even if the Newtown Study performed by New College is not ready for Commission review; that Staff has performed a wonderful job concerning the Newtown Redevelopment Plan; that CAAL and the Greater Newtown Community. Redevelopment Corporation are commended for the input provided in the redevelopment process. Mr. Horwedel stated that the redevelopment process should be a communitywide effort. Vice Mayor Hogle stated that Staff has performed well regardless of the results of the Newtown Study by New College; that the Commission should move forward; that the proposed RFP is supported. Edward Harding, 2171 Wood Street, (34237), came before the Commission and stated that crime is penetrating the Newtown area; that the Dr. Martin Luther King, Jr. Way area has a serious drug problem; that high unemployment exists in Newtown and is a major concern; that personal contributions will be made to purchase an empty lot in Newtown on which the City can build a training center, which can provide training to interested citizens wishing to learn a new trade; that a new shopping center should be constructed for the convenience of the residents; that new issues are not necessary; that the City has ignored the problems in Newtown; that the City spent significant funds on a library containing more art than books but has neglected to spend time and money to fix problems in the Newtown community; that Commissioner Mason is performing a fine job; that personal time would be dedicated to work with Newtown community leaders to train citizens to work and to help with the Newtown Redevelopment Plan. City Manager Sollenberger stated that the Administration recommends approving the proposed RFP and authorizing Staff to release the RFP for publication. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve the proposed Request for Proposals (RFP) and to authorize Staff to release the RFP for publication. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes; Pillot, yes. 16. BOARD APPOINTMENTS: APPROVAL RE: HISTORIC PRESERVATION BOARD REAPPOINTED THORNING LITTLE TO SEAT HP7 FOR AN ARCHITECT AND APPOINTED THOMAS LUZIER TO SEAT HP3 DESIGNATED FOR AN ATTORNEY AND SUSAN WHITE TO SEAT HP5 DESIGNATED FOR AN ARCHAEOLOGIST (AGENDA ITEM VIII-1) #2 (3016) through (3199) Mayor Pillot stated that the term of William Merrill, Attorney, who occupies Seat HP3 designated for a member of the Florida Bar Association, has expired; that Attorney Merrill served two full terms and is not eligible for reappointment; that the term of Thorning Little, Architect, who occupies Seat HP7 designated for an architect, has expired; that Thorning Little is eligible for and expressed an interest in reappointment to Seat HP7. Commissioner Mason nominated Thomas Luzier for appointment to Seat HP3 designated for an attorney. Hearing no other nominations for Seat HP3, Mayor Pillot called for a vote on the nomination of Thomas Luzier. Mr. Luzier received five votes: Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Pillot stated that Thomas Luzier is appointed to Seat HP3 on the Historic Preservation Board. Commissioner Cardamone nominated Thorning Little for reappointment to Seat HP7 designated for an architect on the Historic Preservation Board. Hearing no other nominations for Seat HP7, Mayor Pillot called for a vote on the nomination of Thorning Little. Mr. Little BOOK 48 Page 20630 02/05/01 6:00 P.M. BOOK 48 Page 20631 02/05/01 6:00 P.M. received five votes: Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Pillot announced the reappointment of Thorning Little to Seat HP3 on the Historic Preservation Board. Mayor Pillot stated that Historic Preservation Board Seat HP5, which is designated for a practicing professional historian or a archaeologist or which can be designated to a professional with a degree in history, art history, or archaeology, is vacant; that the requirement allows for some flexibility; that applications were received from Thomas Cardinal, who resides in the City, and Keith Cowden, who does not. Deputy City Clerk McGowan stated that a third application from Susan White was distributed with Changes to the Orders of the Day. Commissioner Quillin nominated Susan White for appointment to Seat HP5 on the Historic Preservation Board. Hearing no other nominations for Seat HP 5, Mayor Pillot called for a vote on the nomination of Susan White. Ms. White received five votes: Cardamone, yes; Hogle, yes; Mason, yesi Pillot, yes; Quillin, yes. Mayor Pillot announced the appointment of Susan White to Seat HP5 designated for an archaeologist on the Historical Preservation Board. 17. BOARD APPOINTMENTS: APPROVAL RE: PARKS ADVISORY AND RECREATION COUNCIL OF SARASOTA COUNTY APPOINTED JO RITA STEVENS (AGENDA ITEM VIII-2) #2 (3200) through (3279) Mayor Pillot stated that Maurice Price, a member of the City's Parks, Recreation and Environmental Protection Advisory Board (Parks Board), previously held thé position designated for a City representative on Sarasota County's Parks Advisory and Recreation Council and has resigned. Vice Mayor Hogle stated that Jo Rita Stevens is a member of the City's Parks Board and has expressed an interest in appointment; and nominated Jo Rita Stevens. Hearing no other nominations, Mayor Pillot called for a vote on the nomination of Jo Rita Stevens as the City representative on Sarasota County's Parks Advisory and Recreation Council. Ms. Stevens received five votes: Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Pillot announced the appointment of Jo Rita Stevens as the City's representative to Sarasota County's Parks Advisory and Recreational Council. Commissioner Cardamone stated that the City's representative should be a City resident and asked if the residency of Ms. Stevens is known. Deputy City Clerk McGowan stated no; however, the information will be obtained and provided the Commission. Mayor Pillot stated that the information can be provided the Commission; that the appointment can be made; that an item can be placed on a future Commission Agenda if further Commission action is necessary. 18. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (3318) through (3319) There were no Commission board or committee reports 19. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA ADMINISTRATION WILL: 1) FOLLOW UP CONCERNING TOWING SIGNS ; 2) NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION WILL BE NOTIFIED OF THE REQUIREMENT FOR A CROSSWALK ON SIESTA DRIVE; 3) PROVIDE A CITY HALL CONSTRUCTION STATUS REPORT TO THE COMMISSION AT EACH REGULAR COMMISSION MEETING; AND 4) REPORT THE NEXT MEETING DATE FOR THE PEACE RIVER/MANASOTA REGIONAL WATER SUPPLY AUTHORITY (AGENDA ITEM X) #2 (3320) through #3 (0352) COMMISSIONER CARDAMONE: : A. stated that the Commission previously suggested the Administration write a letter in support of a Regional Phosphate Environmental Impact Study; and asked if the letter was prepared? City Manager Sollenberger stated that a workshop will be scheduled with the Commission concerning water supply issues; that the BOOK 48 Page 20632 .02/05/01 6:00 P.M. BOOK 48 Page 20633 02/05/01 6:00 P.M. February 1, 2001, Peace River/Manasota Regional Water Supply Authority Conference (Water Conference) was attended; that the effect of phosphate in the water supply was discussed; that a determination was made to seek assistance from the US Army Corps of Engineers to perform an environmental impact study concerning the broad effects of phosphate mining on the Peace River; that political help is necessary concerning the water issue; that a draft resolution concerning the effect of phosphate mining on the Peace River is being prepared by Manatee County which will adopt the resolution first; that individual jurisdictions can also adopt the resolution; that the Administration will move forward with other local governments as the resolution is adopted; that local governments from Sarasota and Manatee Counties were represented at the Water Conference; that a letter regarding the impact of phosphate mining on the environment can be prepared if desired. Commissioner Cardamone stated that a letter indicating special interest in water supply issues should be sent to Bob Graham and Bill Nelson, US Senators for the State of Florida; that water supply issues will eventually affect all citizens and should be acted upon by Commission while support is still present. B. stated that towing signs have been installed throughout the City; that towing companies supply the signs to the merchants; that the towing of vehicles is a very serious issue; that parking lots located in the Downtown business district are Closed in the evening to patrons of Downtown businesses; that the City will have a serious parking problem in the future if the problem is not remedied; that Code Enforcement can be assigned to identify Downtown properties with posted towing signs; that a letter could be sent to merchants indicating the towing signs are unfriendly to the Downtown; that the City can supply alternative towing signs to Downtown merchants indicating: "No parking during business hours 8 a.m. to 6 p.m. or the vehicle will be towed" i that the legality and code regulations for signage should be investigated; that the City must take action against companies distributing the towing signs before the parking lots are completely blocked-off; that a plan to address the seriousness of the towing signs creating a Downtown parking problem should be supported. Commissioner Quillin stated that the City's Towing Ordinance includes requirements for the wording of towing signs; that the towing issue can be regulated through the City's Towing Ordinance; that towing companies and Downtown businesses can cooperate with the City by posting new signs; that Downtown businesses are displaying towing-company signs, indicating vehicles will be towed from private property at owners' expense without specific hours; that some towing signs are advertisements of the towing company; that many towing signs exist; that the Department of Building, Zoning and Code Enforcement is taking an inventory of the towing signs in the Downtown area. Commissioner Cardamone stated that some towing signs do not advertise the towing company. City Manager Sollenberger stated that Staff is completing an inventory of the towing signs. Vice Mayor Hogle stated that towing signs are a problem; that restricted Downtown parking should be controlled; that the Downtown Association of Sarasota, Inc. (Downtown Association), can be asked to work with the Administration concerning the towing sign problem; that the Sarasota Municipal Employees Credit Union (SMECU) on First Street allows public parking during non-business hours; that the SMECU is willing to work with the City regarding parking lot usage; that the Administration should work with the Downtown Association to develop a solution quickly. Commissioner Cardamone stated that the City can produce and provide towing signs as a quick and easy solution to the towing problem; that the City can match the towing companies' generosity by providing a complimentary sign to Downtown businesses which could help solve the towing sign problem. Mayor Pillot stated that hearing the Commission's agreement, Staff will take action concerning the towing signs consistent with the Commission's discussion. C. stated that an update concerning the Rivers Brothers Project on Cocoanut Avenue has not been received; that the Rivers Brothers Project has a deadline for breaking ground in 2001; that the Central Gardens Project on Central Avenue has a deadline also for breaking ground in 2001; that stringent requirements have been imposed on the completion of both projects. Commissioner Quillin stated that both projects had two years for completion. BOOK 48 Page 20634 02/05/01 6:00 P.M. BOOK 48 Page 20635 02/05/01 6:00 P.M. City Manager Sollenberger stated that the Rivers Brothers Project is being reviewed by the Development Review Committee (DRC) ; that application has been made for a building permit for the Vengroff Mixed Use Project at 650 Central Avenue. Gregory Horwedel, Director of Redevelopment and Development Services, came before the Commission and stated that the Rivers Brothers Project is progressing; that application has been made for a building permit; that the project is being reviewed by DRC; that Staff required the resolution of some minor issues concerning the Rivers Brothers Project and has confidence the issues will be resolved. Commissioner Cardamone asked if ground will be broken on the Rivers Brothers Project soon? Mr. Horwedel stated that construction on the Rivers Brothers Project must begin 90 days after the issuance of the building permit. Commissioner Cardamone stated that the commencement and completion times for the Rivers Brothers Project were limited by the Commission. Mr. Horwedel stated that is correct; that the commencement and completion times for the Rivers Brothers Project were incorporated in the last amendment to the agreement with the owners of the Rivers Brothers Project. Mr: Horwedel stated that the Vengroff property is in the same position as the Rivers Brothers Project; that the Vengroff property is further along with the building permit; that a building permit should be issued on the Vengroff project by February 9, 2001; that construction will begin on the Vengroff project 90 days after the issuance of the building permit. D. stated that the bicycle path located on the mainland side of Siesta Drive is dangerous; that the bicycle path shifts at the bridge from the south side at Siesta Drive to the north side at Old Oak Drive which means walkers and bicyclists must cross Siesta Drive; that heavy traffic on Siesta Drive makes crossing the street impossible during the day; that the bicycle path route lacks a designated crosswalk; that the lack of a posted yield sign or crosswalk designation may cause a serious accident to a bicyclist or walker; and asked if a crosswalk for bicyclists and walkers or a sign indicating "yield in the crosswalk" can be added. City Manager Sollenberger stated that the Florida Department of Transportation will be notified as Siesta Drive is a designated State highway. E. stated that a City Hall construction status report should be provided at Regular Commission meetings; that the Commission should be informed of the status of the City Hall renovation project. Mayor Pillot stated that the City Hall renovations look good. City Manager Sollenberger stated that a status report will be provided. F. stated that the celebration of 75th Anniversary of St. Armands Circle on February 3, 2001, was a success; that the size of the crowd was surprising; that four Commissioners participated in the parade, which was a wonderful experience. COMMISSIONER MASON: A. stated that a report regarding the City's efforts regarding racism will be provided at the February 20, 2001, Regular Commission meeting. COMMISSIONER QUILLIN: A. stated that the City will celebrate a 100th birthday in 2002; that a committee should be organized to begin planning the City's 100th birthday. Mayor Pillot agreed; and stated that the Administration can provide insight and recommendations to the Commission concerning the City's 100th birthday; that Commissioners can provide individual ideas to the Administration. Commissioner Cardamone stated that a budget for the City's 100th birthday should be developed prior to the planning. Commissioner Quillin stated that the City's 100th birthday is being referenced sO a committee can be organized and a budget prepared. BOOK 48 Page 20636 02/05/01 6:00 P.M. BOOK 48 Page 20637 02/05/01 6:00 P.M. B. stated that questions were heard as to the reason Commissioners did not attend the Peace River/Manasota Regional Water Supply Authority Conference; that' Staff attended the conference; that conference attendees indicated the meeting was very beneficial; that a Commissioner should attend the next meeting of the Peace River/Manasota Regional Water Supply Authority. City Manager Sollenberger stated that the date and time of the next meeting will be reported to the Commission. Commissioner Quillin stated that the Commission and Staff should be involved in the cooperative meetings concerning the water supply, which is important in regional planning. Vice Mayor Hogle stated that the Southwest Florida Management District is holding a meeting in Tampa in the near future; that the Commission is invited. 20. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (0350) through (0615) DEPUTY CITY AUDITOR AND CLERK MCGOWAN: A. stated that a 9 a.m., February 7, 2001, Special Commission meeting is scheduled concerning the. Palm Avenue parking garage and will be held in the County Chambers. Mayor Pillot asked the number of presentations anticipated? City Manager Sollenberger stated that five presentations should be provided; that Staff is developing the schedule. Commissioner Cardamone stated that a break is requested from 11:45 a.m. to 1:15 p.m. Mayor Pillot stated that a break for lunch is scheduled for 11:40 a.m. Commissioner Quillin asked the time at which the Commission will reconvene? Mayor Pillot stated that the Commission will reconvene at 1 p.m. CITY MANAGER SOLLENBERGER: A. stated that the next meeting of the Peace River/Manasota Regional Water Supply Authority is scheduled for February 22, 2001, followed by a subsequent meeting in March 2001; that designating a Commissioner to become the City Commissions' expert on water supply issues is recommended; that discussions concerning the regional water supply will intensify; that the issue of funding for a reuse water supply was the topic of the conference; that the funds must be available to develop the reuse water facility for irrigation purposes, which entails development of a storage capacity and distribution lines in the City's infrastructure; that the City will have an increased water demand of one million gallons per day by 2020; that the water deficiency can be addressed through conservation and reuse water for irrigation purposes; that the City. is in a good position regarding water usage; that regional reuse water is important to the City; that the problem is the high cost of developing a system to use the reuse water supplyi that the Commission and Staff should jointly represent the City at future regional water supply discussions. Mayor Pillot stated that a 3 p.m., February 20, 2001, Commission Workshop to discuss water conservation is scheduled. City Manager Sollenberger stated that is correct. ATTORNEY FOURNIER, CITY ATTORNEY'S OFFICE: A. stated that the City Attorney's Office requested an opinion from the State Ethics Commission concerning negotiations between the City and a former member of the Planning Board/Local Planning Agency (PBLP) ; that the State Ethics Commission requests specific authorization of the Commission to provide an opinion as the conflict of interest regulations of the Statute Statutes address the transaction of business between an individual and the agencyi that the individual has not requested the opinion; therefore, the agency must request the opinion; that the State Ethics Commission recognizes the City Attorney is acting on the Commission's behalf but requests formal authorization from the Commission. BOOK 48 Page 20638 02/05/01 6:00 P.M. BOOK 48 Page 20639 02/05/01 6:00 P.M. Mayor Pillot stated that an action is not required at the current meeting. City Attorney Fournier stated that the Commission can place the authorization on the record if desired. Commissioner Quillin stated that the individual is no longer a member of the PBLP; and asked if the issue is moot? Attorney Fournier stated yes; that the resignation did not depend upon the outcome of the opinion. Commissioner Quillin stated that the situation is moot; that an issue does not exists; that the opinion should have been provided at the time of negotiations. Commissioner Cardamone stated that the request for approval can be placed on the Agenda for another Commission meeting if desired. 21. ADJOURN (AGENDA ITEM XII) #3 (0616) There being no further business, Mayor Pillot adjourned the Regular meeting of February 5, 2001, at 9:15 p.m. s 5. e GENE M. PILLOT, MAYOR ATTEST: ASOTA. 9 2 - - M - SON, CITY AUDITOR AND CLERK