MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 20, 2000, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: : None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9( (a) of the Charter of the City of Sarasota at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: : VAN WEZEL FOUNDATION, INC. #1 (0048) through (1116) City Manager Sollenberger stated that the City has a wonderful partnership with the Van Wezel Foundation, Inc. Foundation) - which provides financial support to the Van Wezel Performing Arts Hall (VWPAH), including contributions toward the reconstruction; that a wonderful set of relationships, including those with Taliesin Architects, Dooley & Mack Constructors, Inc. (Dooley/Mack) contractors, and National Constructors, Inc. (NCI), have evolved during the VWPAH's reconstruction; that NCI is doing an excellent job managing the project; that NCI submitted a guaranteed maximum price (GMP) which was accepted by the City; that any savings realized will go to the City; that the City previously determined incorporating all the desired features may not be possible due to cost; therefore, some features were placed on a secondary list for incorporation at a later time if additional funds became available; that considerable savings have been achieved; that utilizing the savings to reimburse the General Fund for the unanticipated cost of the festival tent was considered; however, the Foundation has made an outstanding, generous offer which demonstrates the Foundation's commitment to the VWPAH and the City; that the City's interests would best be served by accepting the Foundation's offer. BOOK 47 Page 19268 03/20/00 6:00 P.M. BOOK 47 Page 19269 03/20/00 6:00 P.M. Michael Pender, Jr.., Chairman, Harvey Rothenberg, Co-Founding Chairman and Vice Chairman of the Foundation, and William Mitchell, VWPAH Executive Director, came before the Commission. Mr. Pender stated that approximately 30 years ago, City Officials and private citizens came together with great foresight and built a premier performing arts hall on the west coast of Florida; that the VWPAH has become known worldwide by the architecture, unique color, and the outstanding entertainment; that over the years, the VWPAH has expanded the mission from only presenting entertainment to becoming a renter to local performing arts organizations and providing community outreach programs including a great diversity of educational programs; that the VWPAH serves thousands of children in three counties; that the VWPAH's renovation has been studied for 12 years to assure maintaining the position as the leading performing arts hall on the west coast of Florida; that the reconstruction is being Einanced by a private/public partnership between the City, the County, and the Foundation representing private citizen donors; that the Foundation has raised approximately $4.5 million from over 1,000 contributors; that due to a shortage of funds, the renovations to the VWPAH were modified; that the reconstruction budget has been reached; that approximately $650,000 is necessary to complete the job correctly; that with the Foundation's assistance, the VWPAH can now be reconstructed as originally intended. Mr. . Rothenberg stated that appreciation is extended to the present and past Commissions for allowing the Foundation to go forward with the VWPAH's renovation which is actually a reconstruction; that an offer is being extended which likely cannot be refused; that at the March 15, 2000, Foundation Board meeting, the following resolution was passed: a sum of up to $650,000 will be pledged to the VWPAH Foundation Capital Campaign and be remitted on or before December 31, 2003. Mr. Rothenberg continued that in addition, a loan will be made to the campaign and the City in the amount of $350,000; that the Foundation will forgive the loan as a gift to the campaign if the City will apply the entire proceeds of the surcharge fund for fiscal year (FY) 2000/01 towards the necessary roof replacement; that due to warranties, a maintenance fund will not be a necessity in FY 2000/01; that the Foundation has confidence in the VWPAH Executive Director who has labored long and hard over a very complicated season; that with the gift of $350,000, the cost of reconstruction should be covered as well as the well-publicized tent overrun; that the debilitating tent affair will be placed aside; that a grand opening in the fall of 2000 can be anticipated; that the hope is the proposal will be agreeable to all; that the Foundation has raised $4.5 million during the past year and a half; that $3.5 million is promised to the City in pledges, cash and in-kind services; that the pledges will be collected in the next three to four years; that in addition, the Foundation has recently spent $42,700 for a study of the VWPAH's current position; that the Foundation will have paid $288,000 to NCI after completion of construction and will have over $200,000 in overhead expenses by the end of the campaign; that the Foundation is very proud of the job performed which would not have come to fruition without the City and County. Mr. Mitchell stated that the VWPAH is fortunate to have the extraordinary Foundation on the City's side; that everyone in the Foundation, especially Mr. Rothenberg, has worked tirelessly in fundraising to keep the project moving forward; that the City is blessed to have the support in the reconstruction and also the many outreach programs which are substantially funded by the Foundation and allow fulfillment of the VWPAH's mission. Mayor Cardamone recognized Anna Mae Sandregen, the Foundation's co-founder, who was present in the audience, and stated that the support of the Foundation's donation, gift and goodwill gesture to the City is appreciated. City Manager Sollenberger stated that the numbers have been thoroughly reviewed; that the Foundation's generous gift should be accepted. Mayor Cardamone stated that the Foundation's offer is wonderful; that the community would be very pleased and proud of the citizens who come forward with generous offerings and opportunities to serve the City. Commissioner Quillin stated that appreciation is due the Foundation for coming forward during troubled times and finding solutions; that the Foundation has set a benchmark for everyone; that the community has always come together if a problem required resolution; that the Foundation should be applauded; that other foundations and organizations should note the manner in which solutions are found if working together. BOOK 47 Page 19270 03/20/00 6:00 P.M. BOOK 47 Page 19271 03/20/00 6:00 P.M. City Manager Sollenberger stated that NCI was hired as the day- to-day advisor and liaison with the construction company as Staff is not experienced in managing contracts of the type construction being undertaken; that a second set of eyes and ears can provide good advice; that in construction, change orders can be frequent and numerous; that with NCI, the job is double checked to assure everything is done properly; that the experience of building Ed Smith Stadium and Sports Complex (ESS) provided valuable information to aid in future projects; that an engineer was on Staff during the ESS project; however, the project was less complex than the VWPAH project; that a lesson was learned with the ESS project; that the Foundation has paid for NCI which is fortunate; that NCI has assisted in such projects as the Ringling School of Art and Design, the Sarasota Bay Club, Plymouth Harbor and many more; that NCI is familiar with the community and has an excellent track record; that a status and a financial report will be presented. David Howell, NCI President, came before the Commission and stated that NCI has been in Sarasota since the original Ringling School of Art and Design (Ringling School) building burned; that NCI has worked for the Ringling School every year since; that Dooley/Mack has done a good job on a difficult project; that Tony Gonzales, Owner's Representative with NCI, who is often mistaken for a VWPAH tour guide due to the display of personal pride, is responsible for making the puzzle come together; that August 8, 2000, continues as the project's completion date; that the project is approximately 65 percent complete; that approximately $344,000 remains from the original contingency; that a large sum of over $600,000 is reserved for additional change orders due to the complexity of the reconstruction; that the cost savings has resulted in reinstitution of approximately $900,000 of the original items which were deleted from the GMP; that NCI was not involved with establishment of the GMP but understands the GMP was developed to meet a certain budget; that the project is on schedule; that reports are submitted to the VWPAH Executive Director and the Foundation which provided the financing for NCI's work; that bi-monthly meetings are held to request approval of any change orders, which Dooley/Mack also supports; that reroofing was not included in the GMP but is important; that failure to reroof would make the building unattractive; that the architects have been helpful; that nothing is square in the building; that measurements are different on each side; that the most recent report indicates the project is ahead of budget; that the anticipation is approximately $344,000 can be contributed to additional required items; that the Foundation will contribute approximately $600,000 which should result in achievement of the specifications of the original plan. Mayor Cardamone stated that Mr. Gonzales is congratulated for the enthusiasm put forth in guiding people through the VWPAH; that visitors have the feeling Mr. . Gonzales must be the VWPAH's owner. Mr. Howell stated that Dooley/Mack employees, particularly Keith Coulter, Project Manager, have also been exemplary. Mayor Cardamone stated that Dooley/Mack employees are filled with pride in the work as nothing is square and everything must be created to fit. Mr. Howell stated that everyone relates to the VWPAH resulting in excitement and good feelings; that replacing all the plumbing, fixtures and fittings, and piping, which was not originally included, will make the end product a great facility. Mayor Cardamone stated that the Foundation is allowing the City to accomplish completion of the City's long wish list; that the cutting back due to prohibitive cost is coming to an end; that a significant portion of the wish list will be in place upon opening of the VWPAH; that the project is not a remodeling but a rebuilding. City Manager Sollenberger stated that information concerning the festival tent will be provided. Mr. Howell stated that the timing of issuance of the building permit provided no lead time; that the process was correct; that safety factors, etc., required review by the appropriate agencies; that the result was a problem requiring resolution. City Manager Sollenberger stated that the VWPAH was a tightly and well managed project; that concerning the festival tent, the timing. was as follows: December 9, 2000 - plans were submitted to the Building Department and approximately December 15, 2000 - the building permit was issued. City Manager Sollenberger continued that the festival tent had to open on December 26, 1999; that December 25, 1999, was Christmas; that December 23 and 24, 1999, were holidays sO the CO had to be issued on December 22, 1999; that by the time all costs were calculated, the work had been completed which. is the BOOK 47 Page 19272 03/20/00 6:00 P.M. BOOK 47 Page 19273 03/20/00 6:00 P.M. reason the Administration became aware of the problem in arrears rather than in advance; that commitments for shows had been made; that the plan was to open the VWPAH in January 2000; however, delays were experienced; that over $1.5 million worth of acts had been booked; that additionally, local performing arts groups hall renters were relying on having a venue for performance presentations; that the budget for FY 1999/2000 provided for $.25 million for the festival tent; however, additional items triggered additional expenses; that the Administration should have been notified upon a change of course, which was discussed with the VWPAH Executive Director; that new ground was being plowed during production of a new season, a major capital project, and the burden of a brand new venue of a tent, which has not been done previously; that the good news is the overrun is not as bad as first published; that the overrun was originally stated at $372,000; however, the NCI fees of $33,928 were stated twice; that additionally, the festival tent work includes some restoration work; that an additional $25,000 will be saved; therefore, an estimated overrun of $372,000 is closer to $316,000 which is good news for the General Fund; that the Foundation's generosity is appreciated; that the Administration recommends accepting the Foundation's donation and receiving the report. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to accept the report and the Foundation's offer. Vice Mayor Pillot stated that the financial generosity of the Foundation which is donating $650,000 and $350,000 for a total of $1 million is appreciated; that the festival tent circumstances should be put to rest; that the Foundation and the Executive Director know the VWPAH and the circumstances best; that letters to the Sarasota Herald-Tribune from the Foundation and leaders of the arts community indicate support for the hard work and leadership of the Executive Director; that special appreciation should be extended for the effort and the very generous financial contribution. Mayor Cardamone stated that a general misunderstanding exists in the community regarding the failure of the VWPAH to open in January 2000 as planned; that half of the schedule was contracted; that an originally anticipated opening in January 2000 and a new date of August 2000 leaves a large time gapi that the reason is the VWPAH was part of the Local Option Sales Tax (L.0.S.T.) extension, also called the penny sales tax, which was challenged by a lawsuit; that the lawsuit took a long time to get to court which caused the delay; that the VWPAH reconstruction is on time but was delayed in starting. City Manager Sollenberger stated that the lawsuit was withdrawn; however, no bonds could be issued while litigation was pending as no bond counsel would give an opinion concerning financing if the repayment source were under legal attack; that the blessing was mixed as more contract work which would have cost more was performed; that more funds are now available; that opening the VWPAH was important, especially considering the time of year. Mayor Cardamone called for a vote on the motion to accept the report and the Foundation's gift. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. The Commission recessed at 6:36 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 7:55 p.m. 2. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (1128) through (1147) City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add Unfinished Business, Item No. VI-2, Approval Re: Naming of the swimming pool at Lido Beach as the "Jack Betz Pool' 1I per the request of Mayor Cardamone On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve the Change to the Orders of the Day. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yesi Cardamone, yes. Vice Mayor Pillot stated that the Community Redevelopment Agency (CRA) discussed at length the issue involved with New Business, Agenda Item VII 2, which should be discussed at this time. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to advance consideration of Agenda Item VII-2. Mayor Cardamone. stated that changing the order of business is generally not supported as viewers may have an interest in the discussion; however, the view of the majority will be supported. BOOK 47 Page 19274 03/20/00 6:00 P.M. BOOK 47 Page 19275 03/20/00 6:00 P.M. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 3. NEW BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. O0R- 1259 AND AUTHORIZATION FOR THE MAYOR AND THE CITY AUDITOR TO EXECUTE THE EMINENT DOMAIN REIMUBURSEMENT AGREEMENT - ADOPTED AND APPROVED (AGENDA ITEM VII-2) # 1 (1200) through (1352) City Manager Sollenberger stated that the Administration recommends adopting proposed Resolution No. O0R-1259, approving the Eminent Domain Reimbursement Agreement and authorizing the Mayor to execute on behalf of the City and the City Auditor and Clerk to attest to same. Mayor Cardamone asked if the City Attorney agrees with the recommendation? City Attorney Taylor stated yes. David Christner, 1941 Northgate Boulevard (34233), came before the Commission and stated that the first-time experience of being legally robbed is unique; that the plan to develop the property offers tenants the opportunity to continue living on the property through the support of the mortgage banking business held by the Christner family; that the intention is not to relocate anyone but rather to phase in renovation; that significant property in the center of the site is not being utilized; that if permission had been granted five years ago, the work could have been done; that at the time, an architect and planning group were hired; that $10,000 was spent on legal work; that the City would not discuss the proposal; that as a 45-year resident, consideration should be given to the people living and working in the City; that building homes, financing hundreds of homes and having a good reputation should count; that the interest is not in depreciating the value of property but rather in developing the property; that due to the possibility of eminent domain proceedings, investing $200,000 to $300,000 for engineering would be fruitless; that in approaching the Commission after the eminent domain proceedings, the reply would be the City has a contract; that the request before the Commission should not be approved; that the people living in the City should be considered. Bill Fricke, 6547 Midnight Pass Road (34242), was no longer present in the Chambers. City Auditor and Clerk Robinson read proposed Resolution No. OOR-1259 by title only. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to approve proposed Resolution No. O0R-1259 and the Eminent Domain Reimbursement Agreement and authorize the Mayor to execute on behalf of the City and the City Auditor and Clerk to attest. Motion carried (3 to 2) : Hogle, yes; Mason, no; Pillot, yes; Quillin, no; Cardamone, yes. 4. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 6, 2000 - APPROVED (AGENDA ITEM II-1) #1 (1351) through (1370) Mayor Cardamone asked if the Commission had any changes to the minutes? Mayor Cardamone stated that hearing no changes, the minutes of the March, 6, 2000, Regular Commission meeting are approved by unanimous consent. 5. BOARD ACTIONS : REPORT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL MEETING OF JANUARY 19, 2000 = AFFIRMED THE ACTIONS OF THE PLANNING BOARD/LOCAL PLANNING AGENCY AND RECEIVED REPORT (AGENDA ITEM II-1-A) #1 (1370) through (1430) Jane Robinson, Director of Planning and Development, and Devin Rutkowski, Vice Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Rutkowski presented the following items from the January 19, 2000, Special PBLP meeting: A. Application No. 99-PA-01 Re: Lee Properties 2019, 2025, and 2031 Seventh Street and 2030 and 2032 Eighth Street Mr. Rutkowski stated that Comprehensive Plan Amendment Application No. 99-PA-01 as incorporated in proposed Ordinance No. 00-4206 is a request to change the Land Use Classification for the subject parcel from the Mixed Residential to the Community/Commercial Land Use Classification with implementing zone districts of the Commercial Neighborhood (CN), Commercial Business Newtown (CBN), Commercial, Shopping Center, Neighborhood (CSC-N), Commercial General (CG), North Trail (NT), Commercial Park (CP), Commercial, Shopping Center, Community BOOK 47 Page 19276 03/20/00 6:00 P.M. BOOK 47 Page 19277 03/20/00 6:00 P.M. (CSC-C), and Governmental Use (G) Zone Districts; that the request is accompanied by a site specific plan, i.e.,, a 60+ space surface parking lot; that a commitment has been received to preserve all existing large oak trees and construct a picnic area within the area of the oaks; that at its January 19, 2000, Special meeting, the PBLP held a public hearing and voted unanimously to find Application No. 99-PA-01 inconsistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the tree protection ordinance and to recommend Commission denial of proposed Ordinance No. 00-4206. B. Application No. 99-PA-03 Re: J. H. Floyd Sunshine Manor 1825 18th Street Mr. Rutkowski stated that Comprehensive Plan Amendment Application No. 99-PA-03 as incorporated in proposed Ordinance 00-4206 is a request to change the Land Use Classification for the L-shaped subject parcel from the Multiple Family - Moderate Density and Multiple Family - Medium Density to the Community Office/Institutional Land Use Classification with implementing zone districts of the Office, Professional and Business (OPB), Office, Professional and Business (OPB-1), Office Park (OP), Medical, Charitable, Institutional (MCI) and Governmental Use (G) Zone Districts; that at its January 19, 2000, Special meeting, the PBLP held a public hearing and found Application No. 99-PA-03 consistent with the City's Comprehensive Plan and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4206 subject to the condition that any future rezoning application must be accompanied by a site plan. C. Application No. 99-PA-05 Re: Sarasota Memorial Hospital Mr. Rutkowski stated that Comprehensive Plan Amendment Application No. 99-PA-05 is a request to change the Land Use Classification for the subject parcel from the Neighborhood Commercial to the etropolitan/Regional Land Use Classification, i.e., hospital activities, profesional/medical offices, and medical laboratories with implementing zone districts of the Governmental Use (G) and Medical, Charitable, Institutional (MCI) Zone Districts; that the Applicant has no plans to modify the current use as a police substation but requests the level- of-service impacts be determined based upon use as a medical/dental clinic; that at its January 19, 2000, meeting, the PBLP held a public hearing and found Application No. 99-PA-05 consistent with the City's Comprehensive Plan and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4204 subject to a condition that any future rezoning application must be accompanied by a site plan. D. Application No. 99-PA-07 Re: Sarasota Pathology 2037 and 2055 Webber Street and 2746 Central Park Drive Mr. Rutkowski stated that Comprehensive Plan Amendment Application No. 99-PA-07 is a request to change the Land Use Classification of the subject property from the Single Family Moderate Density to the Community Otfice/Institutional Land Use Classification with implementing zone districts of the Office, Professional and Business (OPB), Office, Professional. and Business (OPB-1), Office Park (OP), Medical, Charitable, Institutional (MCI), and Governmental Use (G) Zone Districts; that the Applicant desires to use the property to create approximately 70 parking spaces and for stormwater management purposes as part of a proposed expansion of the existing office building located to the west; that a proposed 2-story building expansion will occur to the south of the existing structure within the existing Community Office/Insticutional Land Use Classification; that the proposed building will be 5,000 to 7,000 square feet and will be used for office, labs, and storage; that at its January 19, 2000, Special meeting, the PBLP held a public hearing and found Application No. 99-PA-05 consistent with the City's Comprehensive Plan and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4205 subject to the condition that any future rezoning application must be accompanied by a site plan. On motion of Vice Mayor Pillot and second of Commissioner, it was moved to affirm the actions of the Planning Board/Local Planning Agency (PBLP) and receive the report of the January 19, 2000, Special PBLP meeting. Motion carried unanimously (5 to 0): Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 6. BOARD ACTIONS : REPORT RE: GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION - RECEIVED REPORT (AGENDA ITEM II-2-A) #1 (1430) through (2005) Jetson Grimes, President of the Greater Newtown Community Redevelopment Corporation (GNCRC) Advisory Board, Cynthia BOOK 47 Page 19278 03/20/00 6:00 P.M. BOOK 47 Page 19279 03/20/00 6:00 P.M. Porter, GNCRC Executive Director, and Gregory Horwedel, Director 'of Neighborhood Development, came before the Commission. Mr. Horwedel stated that one year's funding for GNCRC was approved in December 1999; that GNCRC is to provide written monthly reports to the Commission; that funding for GNCRC is one City initiative to engage in redevelopment activities in the northern portion of the City; that other initiatives include the establishment of an Enterprise Zone, the concrete yard redevelopment initiative, and a proposal for an Environmental Protection Agency (EPA) grant due in May 2000; that the Super Notice of Funds Availability (SuperNOFA) was recently distributed by the Department of Housing and Urban Development (HUD) which has funds available for redevelopment work; that additionally, the City established a HUD Zone to provide incentives to businesses which locate in the zone and which are given priority treatment upon entering a contract with the Federal Government; that the City has a good strategy in place with the various initiatives to accomplish the redevelopment goals the Commission established. Ms. Porter stated that GNCRC has accomplished everything scheduled for the first quarter; that State Housing Initiatives Partnership (SHIP) funds were received for affordable housing; that three homes will be constructed in Newtown Estates, specifically on lots 82, 89 and 90; that negotiations are on- going concerning some infill projects; that the First-Time Homebuyers Class begins on March 29, 2000; that the Storefront Renovation Class has commenced;, that the administrative regulations have not yet been approved but should be shortly; that a start-up class in the area of business development and retention will start on March 27, 2000; that 30 people were graduated from the previous Class held in December 1999; that a successful job fair was held with 32 of the expected 50 vendors; that attendance was good; that the Martin Luther King, Jr., festivities went well; that EPA testing is being conducted at the Urbaculture site; that as of today, over 1,000 seedlings have been planted in the greenhouse and in the beds; that GNCRC is working with Florida House International, Inc. (FHI) to assure the Urbaculture property is developed in a timely manner; that GNCRC is the Census Office for questions and answers for the US Census Bureau; that an inventory of the properties at Martin Luther King, Jr. Way (MLK) is being developed; that GNCRC Staff is assisting the City's Department of Neighborhood Development Staff with efforts related to the Enterprise Zone; that on Saturday, March 18, 2000, GNCRC with the assistance of the American Institute of Architects (AIA) sponsored a charette for the design of MLK; that much was learned; that the information will be compiled and forwarded to the City for assistance in the charette for Fredd Atkins Park. Mayor Cardamone asked if attendance was good?. Ms. Porter stated that the hope was for attendance of more people from the community; however, the information gained was substantial and favorable; that GNCRC can move to the next step. Mr. Grimes stated that the audience was very diverse. Commissioner Quillin stated that SHIP funds were received for the purchase of property in Newtown Estates; that City taxpayer funds are being expended for the program. Ms. Porter stated that the first properties being purchased are in Newtown Estates; that GNCRC is in negotiations for two properties in Newtown. Commissioner Quillin stated that City funds are being expended for property outside the City limits. Mr. Horwedel stated that City funds are not being expended to acquire the lots. Commissioner Quillin stated that the City is expending funds and time for the GNCRC Project and is paying for projects in the County; that the City has an agreement with FHI and not GNCRC concerning the Urbaculture site; that GNCRC has an agreement with FHI, which has the lead on the Urbaculture site; that progress on the Urbaculture site is not part of the City's requirement of GNCRC; that the architects did an excellent job of focusing on specific rather than general issues. Commissioner Mason stated that involvement with the Urbaculture site was part of GNCRC's deliverables. Commissioner Quillin stated that GNCRC's report included the EPA testing at the Urbaculture site, which is the responsibility of FHI; that a list of the plantings at the Urbaculture site would be appreciated. Commissioner Mason agreed. BOOK 47 Page 19280 03/20/00 6:00 P.M. BOOK 47 Page 19281 03/20/00 6:00 P.M. Vice Mayor Pillot stated that Newtown Estates properties are outside the City limits; however, the purchase of the property will be an asset and benefit to the Greater Newtown community; that the efforts of City Staff is part of the development of the area; that the acquisition of property in the City limits is also desired. Ms. Porter stated that the availability of infill land in Newtown was a question with the SHIP funds; that land was available in Newtown Estates; that the belief was acquiring the property would be beneficial. Mayor Cardamone stated that the City is paying City tax dollars to run GNCRC; that a return of tax dollars from the housing to the City is desired; that the project in Newtown Estates is good for the community; however, the City's tax base is not enhanced; and requested GNCRC relate the information contained in a March 3, 2000, letter from Susan Moss, Human Resources Manager for National Linen Service. Ms. Porter read for the record the March 3, 2000, letter complimenting GNCRC on the job fair. Mayor Cardamone referred to the March 13, 2000, letter from Valerie Law, CPA, as follows: Item C: There will consistently be a discrepancy between the payroll figures approved by the City, and the amount that the Greater Newtown executive board designated for payment of salaries. Mayor Cardamone continued that the understanding was the City was paying for salaries in accordance with City job levels; and asked for clarification. Mr. Horwedel stated that the City is reimbursing salaries equivalent to the City's job levels; that the GNCRC Board has the latitude as a private entity to set different salary levels. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve the report and accomplishments of the GNCRC. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Ms. Porter stated that approval to schedule a meeting with the City Manager and the GNCRC Board to determine a method of handling the City's reimbursement would be appreciated. Mayor Cardamone stated that the request is reasonable; that a meeting can be scheduled as requested. Commissioner Quillin asked for clarification of the timeframe covered in the report. Mr. Horwedel stated that the report was for the first quarter for fiscal year (FY) 1999/2000; that the second quarter report will be presented at the April 3, 2000, Regular Commission meeting. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, AND 4 - APPROVED; ADMINISTRATION WILL PROVIDE A STATUS REPORT CONCERNING THE CITY'S CDBG FUNDS (AGENDA ITEM III-A) #1 (2005) through (2130) Commissioner Quillin requested that Item No. 3 be removed for discussion. 1. Approval Re: Set for public hearing proposed Ordinance No. 00-4215, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of Ordinances of the City of Sarasota, adding Section 24- 116, Reemployment after Retirement; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a First Amendment to Agreement for Engineering Services between the City of Sarasota and Greeley and Hansen, (RFP #96-32) pertaining to the replacement of the City's Water transmission main on the Ringling Causeway main span with a subaqueous crossing 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Extension of Little League and School Board License Agreements for Parking for spring training games for the Year 2000 On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Items 1, 2, and 4. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 3. Approval Re: Authorize staff to advertise a substantial amendment to the FY 1999-2000 Community Development BOOK 47 Page 19282 03/20/00 6:00 P.M. BOOK 47 Page 19283 03/20/00 6:00 P.M. Block Grant (CDBG) that will cancel the Sarasota Housing Authority Community Kitchen in the amount of $28,000 and add these funds to the Mary Dean Park Project, formerly known as Sevilla Park, and immediately allocate $45,000 in unobligated CDBG funds to the North Sarasota Improvements projects Commissioner Quillin stated that a report on the status of the City's CDBG funds would be appreciated. City Manager Sollenberger stated that the questions could be addressed at this time, if desired. Mayor Cardamone stated that hearing a majority consensus of four of the Commission, the Administration is requested to provide a status report concerning the CDBG funds. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item 3. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1249) ADOPTED; ITEM 2 (RESOLUTION NO. O0R-1261) ADOPTED; AND ITEM 3 (ORDINANCE NO. 00-4211) ADOPTED (AGENDA ITEM III-B) #1 (2130) through (2290) 1. Adoption Re: Proposed Resolution No. O0R-1249, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; (Title Only) 2. Adoption Re: Proposed Resolution No. O0R-1261, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; (Title Only) 3. Adoption Re: Proposed Ordinance No. 00-4211, amending Chapter 24, Article II, Division 2, Sarasota City Code (1986 as amended) ; providing in Sub-section 24-23 (b) for reimbursement of trustee expense in accordance with Florida law; providing in Sub-section 24-23(c) for a meeting quorum of trustees; providing in Sub-section 24- 28(a) for an option by the Fire Chief to opt out of the Plan; providing in Sub-section 24-30(a) for normal retirement on attainment of age fifty-five (55) and ten (10) years of service; providing in Sub-section 24-41(a) for compliance with the Uniformed Services Employment and Reemployment Rights Act; providing in Sub-section 24-48(a) for a two-thirds and a one-half spouse benefit option and deletion of the remarriage termination provision; providing in Sub-section 24-51 for forfeiture of benefits for violation of Section 175.195 of the Florida Statutes (Title Only) City Auditor and Clerk Robinson read proposed Resolution Nos. O0R-1249 and O0R-1261 and Ordinance No. 00-4211 by title only. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve Consent Agenda No. 2, Items 1 through 3, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. The Commission recessed at 8:25 p.m. and reconvened at 8:35 p.m. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4202, AMENDING THE ZONING CODE (1998) TO ESTABLISH A NEW ZONE DISTRICT KNOWN AS THE " SARASOTA MEMORIAL HOSPITAL (SMH) ZONE DISTRICT" AND SETTING FORTH PERMITTED USES AND DEVELOPMENT STANDARDS FOR THE NEW ZONE DISTRICT; ETC. (TITLE ONLY) (APPLICATION NO. . BOOK 47 Page 19284 03/20/00 6:00 P.M. BOOK 47 Page 19285 03/20/00 6:00 P.M. 99-ZTA-12, APPLICANT CITY OF SARASOTA) - ADOPTED ON SECOND READING (AGENDA ITEM IV-A-1) #1 (2238) through (3056) Mayor Cardamone stated that Zoning Text Amendment Application No. 00-ZTA-12 as incorporated in proposed Ordinance No. 00-4202 is to amend the Zoning Code (1998) to establish a new Zone District known as the Sarasota Memorial Hospital (SMH) Zone District. Mark Hess, Chief Planner, Planning and Development Department, came before the Commission and stated that Application No. 00-ZTA-12 is to amend the Zoning Code (1998) to add text to establish an SMH Zone District; that the change is not to rezone property but rather to establish the text in the Zoning Code (1998); that the Intent and Purpose of the SMH Zone District is as follows: to implement the Metropolitan Regional Land Use Classification Designation No. 8 on the Future Land Use Plan Map) as contained in the Sarasota City Plan (1998). The SMH District may only be applied to zoning lots owned by the Sarasota County Public Hospital Board which are located within the Metropolitan Regional Future Land Use Classification Designation No. 8). The SMH District provides zoning regulations specific to the SMH campus, which includes the hospital, uses accessory to the hospital, and medical offices associated with or related to the hospital. Further, the SMH District is intended to provide for transitions between more intense development and uses within the hospital complex and lower intensity zones and uses outside the district through the use of building setbacks, step downs in building heights, provision of urban open space, and other techniques. Mr. Hess stated that at its November 17, 1999, meeting continued to January 5, 2000, the Planning Board/Local Planning Agency (PBLP) conducted public hearings and voted unanimously to recommend Commission approval of Application No. 00-ZTA-12. Mayor Cardamone opened the public hearing. The following people came before the Commission: Charles D. Bailey, Attorney, law firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue (34236), Pam Truitt, SMH Campus Planning Consultant, P.O. Box 701 (34230), and Gary Dickinson, SMH Neighborhood Advisory Committee, 1765 Cunliff Lane (34237). Attorney Bailey stated that Attorney Geoffrey Pflugner representing a property owner on Osprey Avenue will come before the Commission to express concerns regarding the future potential vacation of Arlington Street; that the property owner has concerns creating the SMH Zone District will facilitate or implement a street vacation; that the proposed ordinance is intended to carry out the intent of the Commission upon amending the Zoning Code (1998); that at that time, the Commission realized some hospital buildings will be of non-conforming status; that creating appropriate development standards for the SMH campus were required; that the proposed ordinance addresses land uses, setbacks, height restrictions, and articulation of buildings and horizontal surfaces within the SMH Zone District and does not address street vacations; that rezoning, street vacations, and site plan approvals will be requested in the future; that developing a Zone District appropriate for SMH is required. Geoffrey Pflugner, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, 2033 Main Street (34236), stated that Quick Stop Food Stores, Inc., a tenant on property on Osprey Avenue and Arlington Street, is being represented rather than the property owner; that the client and property owner wish to go on record objecting to any decisions by the Commission which will foster or encourage vacating Arlington Street; that passing the proposed ordinance will not vacate Arlington Street; however, a provision of the proposed ordinance describes a rectangle in which no buildings can be constructed; that discussing a zoning category specifically prohibiting building construction in the area seems to indicate imminent site plan approval will occur; that the proposed ordinance is the type of creeping approvals being brought to the Commission's attention; that the prohibition should not be incorporated in the proposed ordinance; that vacating a street is not the issue with the proposed ordinance; however, the proposed ordinance has been designed to foster the process which is the issue to which objection is made. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4202 by title only. BOOK 47 Page 19286 03/20/00 6:00 P.M. BOOK 47 Page 19287 03/20/00 6:00 P.M. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 00-4202 on second reading. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to adopt proposed Ordinance No. 00-4202. Commissioner Quillin requested that Staff address the concern regarding language in the proposed ordinance. Mr. Hess stated that language in the proposed ordinance describes a rectangular area along the north side of Hillview Street within which no building can be constructed which was a recommendation of the SMH Neighborhood Advisory Committee; that the attempt is to preserve an open space area; that the provision will have an effect on the described property if the proposed ordinance is adopted and SMH subsequently rezones the property; that the provision was a negotiated agreement between SMH, the SMH Neighborhood Advisory Committee, and the PBLP. Commissioner Quillin asked for Eurther clarification as the concerns of the property owner and tenant are not understood. Mr. Hess stated that the Quick Stop is located 200 to 300 feet east of the property referenced in the proposed ordinance, which may be the reason for the concern. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Mason, yes; Pillot, yes; Quillin, yes Cardamone, yes; Hogle, yes. 10. NON QUASI- - JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4204, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1998 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION 99-PA-05 FILED BY SARASOTA MEMORIAL HOSPITAL; SAID SMALL SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A PARCEL OF PROPERTY FROM "NEIGHBORHOOD COMMERCIAL" TO "METROPOLITAN REGIONAL; # SAID PROPERTY BEING APPROXIMATELY . 21 ACRE IN SIZE AND LOCATED ON THE NORTH SIDE OF HILLVIEW STREET BETWEEN THE SOUTH TAMIAMI TRAIL AND OSPREY AVENUE; ETC. (TITLE ONLY) (APPLICATION NO. 99-PA-05, APPLICANT SARASOTA MEMORIAL HOSPITAL) - PASSED ON FIRST READING AGENDA ITEM IV-A-2) #1 (3056) through #2 (0407) Mayor Cardamone stated that proposed Ordinance No. 00-4204 approving Comprehensive Plan Amendment Application No. 99-PA-05 filed by Sarasota Memorial Hospital (SMH) requests a small scale amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition. Douglas James, Chief Planner, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 00-4204 approves a request to change the Future Land Use Classification of a .21 acre parcel located at 1873 Hillview Street from the Neighborhood Commercial to etropolitan/Pegional Land Use Classification to reflect ownership of the parcel by Sarasota Memorial Hospital. Vice Mayor Pillot asked if the site is the property currently donated by SMH for the police substation? Mr. James stated yes. Mr. James referred to drawings displayed on the overhead projector indicating a portion of the Future Land Use Plan Map indicating the area of the Metropolitan/Regional Land Use Classification being sought and other Land Use Classifications in the vicinity including commercial and residential uses south of Hillview Street and stated that the Future Land Use Map will be amended to expand the etropolitan/Regional Land Use Classification to the property if the proposed ordinance is approved; that the Neighborhood Commercial Land Use Classification is currently applicable to the property; that existing and primary planned uses are retail and personal services; that existing and secondary uses include professional and medical offices, church, day care centers, second-story residences with the implementing Zone Districts being the Commercial Neighborhood (CN), Commercial Business Newtown (CBN), and Commercial, Shopping Center, Neighborhood (CSC-N) Zone Districts; that the proposed etropolitan/Regional Land Use Classification allows as existing and planned primary uses hospital activities, profesional/medical offices, and medical laboratories; that planned and secondary uses have not yet been defined; that the implementing Zone Districts are the Commercial, Shopping Center, Regional, Commercial, Tourist (CT), Medical, Charitable, Institutional (MCI), and Governmental Use, (G) Zone Districts; that the property is currently in the CN Zone District; that the only residential zoning in the vicinity south of the retail and service establishments on the south side BOOK 47 Page 19288 03/20/00 6:00 P.M. BOOK 47 Page 19289 03/20/00 6:00 P.M. of Hillview Street is property in the Multi-Family Residential (RMF)-3 Zone District which allows a maximum of 13 dwelling units per acre. Mayor Cardamone asked the zoning west of the subject property extending to Osprey Avenue? Mr. James stated that the property is in the CN Zone District; that one issue not of public benefit is the increased allowable height under the MCI Zone District of 45 feet; that the height increase potential is accompanied by a setback increase negating the negative impact of increased height; that on balance, Staff is of the opinion the proposed ordinance is of benefit to the public; that at its January 19, 2000, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4204 subject to the condition any future application for rezoning of all or any portion of the property shall be accompanied by a site plan reflecting the proposed development of the subject property. Mayor Cardamone asked the required building setback provision in the proposed ordinance? Mr. James stated that the setback is 50 feet; that SMH envisions a master development of the SMH campus; that the subject parcel will be used as part of a green area associated with a new entranceway. Mayor Cardamone opened the public hearing and requested that the Applicant come forward. Charles D. Bailey, law firm of Williams, Parker, Harrison, Dietz & Getzen, 200 South Orange Avenue (34236) Martin Moss, SMH Board member and member of the. Mission Planning Committee, 1535 Harbor Place (34239) Dan McDaniel, SMH Director of Architecture, 1700 South Tamiami Trail (34239) and Pam Truitt, SMH Campus Planning Consultant, P.O. Box 701 (34230), came before the Commission. Ms. Truitt stated that the work performed by Staff is appreciated; that working with Staff has been an educational process; that SMH purchased the former NationsBank site in 1997 in anticipation of future development; that subsequently, the SMH Master Plan, the City's Comprehensive Plan, and the City's land development regulations, adopted as the Zoning Code (1998), have changed prompting SMH to desire a consolidation of all SMH property to make a campus; that consolidating the properties will bring all SMH's holdings within the Metropolitan Regional Land Use Classification, creating eligibility for the designation of the Sarasota Memorial Hospital (SMH) Zone District; that the sole purpose of the proposed ordinance is consistency within the zone district; that SMH does not have any plans for the former NationsBank building, which will be used as a police substation; that the implementing Zone District is the SMH Zone District; that rezoning is not desired. Attorney Bailey stated that the condition in the proposed ordinance for submittal of a site plan for rezoning should not apply to a rezoning application under the new SMH Zone District and is not necessary due to the extreme setback requirement, that requiring SMH to file a site plan with any rezoning application is redundant as the new SMH Zone District has rigid development standards; that no rezoning is anticipated unless coupled with all SMH property; that requiring a site plan is incongruent as the SMH Zone District is in place; that the following language is requested for incorporation into the proposed ordinance: provided, however, that this condition shall not apply to any application for rezoning to the Sarasota Memorial Hospital Zone District. The following people came before the Commission: Isabel Norton, 1500 North Drive (34239), was no longer present in the Chambers. Geoffrey Pflugner, 2033 Main Street (34236), was no longer present in the Chambers. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4204 by title only. Vice Mayor Pillot requested response to the request for a change in language to the proposed ordinance. Mr. James stated that the suggested language does not present a problem to Staff or the City Attorney's Office based on the nature of the SMH Zone District. BOOK 47 Page 19290 03/20/00 6:00 P.M. BOOK 47 Page 19291 03/20/00 6:00 P.M. Mayor Cardamone asked the reason for the PBLP site plan requirement? Mr. James stated that the question was not brought up during PBLP's discussion of the application. Mayor Cardamone stated that the PBLP's motion contained the site plan requirement. Mr. James stated that all PBLP motions have been formulated to require site plan language to tie future rezoning applications to site plans. City Attorney Taylor stated that the City Attorney's Office approves the language as long as the PBLP and Staff have no problem with the requested language. City Manager Sollenberger stated that the Administration recommends approving proposed Ordinance No. 00-4204 on first reading with the requested language incorporated and directing the City Attorney's Office to insure proper wording prior to second reading. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve the Administration's recommendation. Mayor Cardamone stated that rezoning an end piece in an entire block in the CN Zone District is unusual and out of character with the City's normal rezoning processes; and asked if the reason is the property is a hospital parcel? Mr. James stated that SMH will ask the City to adjust the boundary of the SMH Zone District to embrace additional acquired parcels requiring amendment of the etropolitan/Pegicnal Land Use Classification; that the subject property is the first acquired corresponding with the adoption of the new SMH Zone District. Mayor Cardamone asked if rezoning will be requested in the event SMH purchases the restaurants and business along Osprey Avenue? Mr. James stated that Staff would entertain rezoning requests; that rezoning should not be entertained on a piece-meal basis; that rezoning requests for parcels remaining contiguous with existing zoning will be entertained. Mayor Cardamone stated that taking properties in the SMH Zone District off the tax rolls is a concern; that infill for the area is being accomplished for hospital and. medical use rather than independent businesses; that the expansion of the SMH area is a personal concern; that the SMH Zone District is personally liked; however, rezoning on a regular basis is not desired. Commissioner Hogle stated that thanks are extended to SMH for donating and equipping the police substation property; that the payment of taxes on the substation is not personally unknown; however, SMH is assisting the City. Mayor Cardamone stated that SMH has been thanked several times for donating, equipping, and maintaining the police substation; that personal concerns address other SMH properties. Commissioner Quillin agreed with concerns regarding infill; that intrusion of SMH has been a concern of surrounding neighborhoods; that SMH has been removed from the Development of Regional Impact (DRI) process. Mr. James stated that the DRI process is not a factor in the SMH Zone District. Commissioner Quillin stated that historically SMH has not been required to have a DRI review, which is a concern to surrounding neighborhoods; that future expansion of SMH is a concern. Mayor Cardamone called for a vote on the motion to approve proposed Ordinance No. 00-4204 on first reading with the requested language incorporated and to direct the City Attorney's Office to insure proper wording prior to second reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 11. NON QUASI- JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4205, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1998 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION 99-PA-07 FILED BY SARASOTA PROFESSIONAL ENTERPRISES II D/B/A SARASOTA PATHOLOGY; SAID SMALL. SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE BOOK 47 Page 19292 03/20/00 6:00 P.M. BOOK 47 Page 19293 03/20/00 6:00 P.M. CLASSIFICATION OF A PARCEL OF PROPERTY FROM "SINGLE FAMILY MODERATE DENSITY" TO "COMMUNITY OFFICE INSTITUTIONAL # SAID PROPERTY BEING APPROXIMATELY .68 ACRE IN SIZE AND LOCATED AT THE NORTH WEST CORNER OF WEBBER STREET AND CENTRAL PARK DRIVE EAST OF THE SOUTH TAMIAMI TRAIL AND ADJACENT TO THE EXISTING SARASOTA PATHOLOGY FACILITY; ETC. (TITLE ONLY) (APPLICATION NO. 99-PA-07, APPLICANT SARASOTA PROFESSIONAL ENTERPRISES II D/B/A SARASOTA PATHOLOGY) PASSED ON FIRST READING WITH PARCEL "B" DELETED FROM THE PROPOSED ORDINANCE (AGENDA ITEM IV-A-3) #2 (0475) through (2277) Mayor Cardamone stated that Application No. 99-PA-07 as incorporated in proposed Ordinance No. 00-4205 is a request for a small scale amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition. Douglas James, Chief Planner, Planning and Development Department, came before the Commission, referred to drawings displayed on the overhead projector indicating various maps of the site and stated that proposed Ordinance No. 00-4205 approves a request to change the Future Land Use Classification of a .68 acre parcel located at 2037 and 2055 Webber Street and 2746 Central Park Drive from the Single Family Moderate Density to Community Office/Institutional Land Use Classification for four lots, three of which are adjacent to Webber Street on the north side and one immediately north adjacent to the west side of Central Parkway; that the Applicant proposes to build a new office building of 5,000 to 7,000 square feet adjacent to the east side of US 41; that Staff and the Planning Board/Local Planning Agency (PBLP) recommended approval of changing the Land Use Classification of the three lots adjacent to the north side of Webber Street, leaving existing lot 6 in the current residential class; that the existing Single Family - Moderate Density Land Use Classification includes detached single-family dwellings on individual lots as primary uses with churches, day- care, elementary schools, and parks as secondary uses; that the implementing zone districts are the Single-Family Residential (RSF)-3 and RSF-4 Lone District; that RSF-4 allows up to 5.8 units per acre; that the Community office/Institutional Land Use Classification sought by the Applicant has professional and medical offices and other institutional uses as primary uses with secondary uses including churches, day-care, elementary schools, private clubs, etc.; that the implementing zoning districts for the requested Land Use Classification include the Office, Protessional and Business (OPB), Office, Professional and Business (OPB-1), Medical, Charitable, Institutional (MCI), Office Park (OP), and Governmental Use (G) Zone Districts; that a Commercial Neighborhood (CN) Zone District exists across Webber Street extending the same distance east from US 41 as the proposed Land Use Classification would extend; that Webber Street is a collector street, not a residential street, having functions beyond the requirements of residential development; that an overview of Staff comments concerning public benefit is as follows: A. Of Public Benefit 1. Sponsored neighborhood workshops 2. The proposed parking lot would serve the needs of an expanded medical laboratory to the west. The extension of the Community Otfice/Institutional classification would be approximately equal to that which currently exists along the south side of Webber Street 3. Access to the property is via Webber Street. Vehicular access would be restricted to Webber Street and West Park Court, a US 41 frontage road. 4. Community Office/Institutional would serve as a buffer between US 41 and lot 6. 5. the parking lot would be required t meet the stormwater drainage Level-of-service at time of development B. Not of Public Benefit 1. Designation of lot 6 as Community otfice/Institutional represents a northern intrusion of non-residential uses into an established residential neighborhood 2. Three single-family dwellings occupy the site. Removal of housing stock valued between $48,000 and $63,000 does not contribute to the maintaining of housing for moderate- and middle- income families C. On Balance 1. The application is in the public benefit for the property excluding lot 6. Mr. James stated that at its January 19, 2000, meeting, the PBLP held a public hearing and approved Application No. 99-PA-07 for the land use change for lots 3, 4 and 5, did not approve the land use change for lot 6, and voted unanimously to recommend BOOK 47 Page 19294 03/20/00 6:00 P.M. BOOK 47 Page 19295 03/20/00 6:00 P.M. Commission approval of proposed Ordinance No. 00-4205 excluding lot 6, subject to the condition that any future application for rezoning all or any portion of the property shall be accompanied by a site plan reflecting the proposed development of the subject property. Vice Mayor Pillot asked if a structure exists on lot 6? Mr. James stated that a single-tamily dwelling is presently located on lot 6. Vice Mayor Pillot asked the owner of the single-tamily dwelling? Mr. James stated that the Applicant owns the dwelling on lot 6. Vice Mayor Pillot asked the uses immediately adjacent to and north of lot 6? Mr. James stated that residential structures occupy the surrounding property. Vice Mayor Pillot asked the opinion of the property owner to the north and contiguous with lot 6? Mr. James stated that the property owner's opinion is unknown. Vice Mayor Pillot stated that the property owner's opinion is relevant; that parking immediately south of the lot would exist if lot 6 remains as recommended by Staff. Mr. James stated that lot 6 would be used primarily for parking purposes. Vice Mayor Pillot stated that the parking lot would be adjacent to a home. Mr. James stated that is correct. Vice Mayor Pillot stated that the difference between parking adjacent to the home on lot 6 or adjacent to the home immediately north of lot 6 is not understood unless the owner/resident of the home immediately north of lot 6 has some strong position; that a transition between a parking use and a residential use will exist. Mr. James stated that lot 6 is owned by. the Applicant; that the Applicant will provide the step-down in land use intensity by retaining a single-family dwelling on the site as a buffer as opposed to changing lot 6 to a parking lot adjacent to a residential lot. Vice Mayor Pillot stated that the residence on lot 6 will remain vacant or occupied by a family; that allowing parking adjacent to a family living in a home owned by the Applicant but not someone else seems blatant discrimination. Mr. James stated that the home on lot 6 is currently vacant and will become occupied by a renter or buyer; that the renter or buyer will know a parking lot adjacent to the south exists; that the occupants on the lot north of lot 6 moved in believing a residential dwelling unit, although vacant, would occupy the adjacent lot; that changing the lot to a parking lot does not seem appropriate. Vice Mayor Pillot stated that the point is valid; that determining the opinion of the adjacent property owner would be useful; that the homeowner immediately north of lot 6 may not object sO the recommendation would be viewed differently. Mr. James stated that public hearings can be advertised; however, individuals cannot be required to come forward with opinions. Commissioner Hogle asked if a recommendation was received from the neighborhood regarding the possibility of closing the south end of Central Park Drive to make a buffer and a park to stop commercial intrusion eastward? Mr. James stated that the PBLP was concerned with the eastward extension of the proposed Land Use Classification and the stopping point; that Grove Street is a residential street designed primarily to serve as ingress and egress for the residences, service vehicles, etc., whereas Webber Street is a collector street serving many functions other than normally associated with quiet residential streets. Commissioner Hogle asked if creating an area for children to wait at the street has been considered? Mr. James stated that the Application contains a provision to heavily landscape portions of the area sO the transition from residential to commercial use would be stepped down in nature; that a buffering/landscaping/fencing approach will be utilized; that improving the entrance way to Central Park Drive was discussed with the PBLP. BOOK 47 Page 19296 03/20/00 6:00 P.M. BOOK 47 Page 19297 03/20/00 6:00 P.M. Commissioner Quillin stated that Webber Street is heavily utilized by families transporting children to Southside Elementary School and is a heavy pedestrian area. Vice Mayor Pillot stated that Staff's report is excellent. Mayor Cardamone opened the public hearing and requested the Applicant come forward. Joel Freedman, AICP, Freedman Consulting Group, and Dr. Robert Spencer, Applicant, came before the Commission. Mr. Freedman stated that the Applicant has occupied the property since 1981 and owned the property since 1994; that the partnership has been very successful and has pushed the limits of the existing facility; that the location of the office is ideal for the practice; that the Applicant wishes to remain at the location; that two neighborhood meetings were conducted; that a neighborhood concern was access to Central Park Drive; that access on Central Park Drive is not desired by the Applicant; therefore, a landscaped setback along Central Park Drive will be provided; that a 25- by 50-foot square pocket park will be provided on lot 6; that losing lot 6 will cause the loss of approximately 12 parking spaces, negatively impacting the facility's expansion; that initially the proposed building location was toward the rear of the property allowing more parking; however, the neighbors' concerns regarding the building's location resulted in relocating the building closer to US 41, providing an additional buffer from noise on US 41; that the access point on Webber Street has been relocated; that a 6.5-foot wooden fence will be installed around the parking area; that neighbors indicated a problem on Central Park Drive with cut-through traffic attempting to avoid the Webber Street/US 41 intersection; that Central Park Drive is a unique street in the manner of a boulevard; that providing heavy landscaping along Central Park Drive would complement the median; that closing the street was suggested; that neighbors will not view a parking lot but rather significant landscaping. Dr. Spencer stated that neighbors have indicated a preference for the proposed project rather than a rental residential dwelling. Mr. Freedman stated that all four lots are required for expansion; that remaining in the current location is desired; that being good neighbors is desired; that the property and landscaping will be well maintained. The following people came before the Commission: Gary Dickinson, Member, McClellan Park Neighborhood Association 1765 Cunliff Lane (34237), submitted and read for the record a March 20, 2000, letter to the Commission indicating residential neighborhoods are under constant pressure from commercial uses, the Commission made commitments to protect and build strong neighborhoods close to Downtown, which must be supported by thriving neighborhoods, the requested zoning change will result in tearing down residential houses for commercial expansion and is opposed, the existing commercial property serves two purposes: a place for small businesses and a buffer between US 41 and the residential houses behind it, a commercially zoned location which can accommodate future growth should be sought rather sacrificing residential housing close to Downtown, the City's challenge behind Morton's Market for the same type of request and Autohaus Kolar located at McClellan Parkway and Osprey Avenue. Mr. Dickinson continued that the Commission is requested to reach consistent decisions and deny the zoning change; that Central Park Drive is a unique area having a 20-foot-wide median with residences facing other residences across the median; that losing the unique characteristic would be a detriment to the neighborhood. Mayor Cardamone asked if the opinion is representative of the Association or is expressed as an individual resident of McClellan Park? Mr. Dickinson stated that the Association and the individual share the opinion. Vice Mayor Pillot asked if the Association is being officially represented? Mr. Dickinson stated yes. Vice Mayor Pillot asked the vote of Association? Mr. Dickinson stated that a discussion with three members of the Association occurred. Vice Mayor Pillot stated that three residents and himself are being represented. Mr. Dickinson stated yes. BOOK 47 Page 19298 03/20/00 6:00 P.M. BOOK 47 Page 19299 03/20/00 6:00 P.M. Victor Ambrioso, 2727 Central Park Drive (34239), stated that the use of lot 6 for parking is opposed; that too much commercial encroaching is occurring; that Central Park Drive has a beautiful park-like setting; that the use of three lots for commercial purposes is not opposed; however, use of lot 6 for commercial purposes will encroach on the park-like setting; that much traffic is generated on Central Park Drive from the Applicant's business; that a neighborhood petition was circulated to seal off Central Park Drive. Vice Mayor Pillot stated that the northern one-half of lot 6 will be a park; therefore, the parking area will not be obvious. Mr. Dickinson stated that seeing a parking lot across the street is a concern; that the island boulevard on Central Park Drive is extremely unique; that using lot 6 for parking will infringe on the boulevard; that the Applicant's couriers are cutting through Central Park Drive. Vice Mayor Pillot stated that closing Central Park Drive between Grove Place and Webber Street has been discussed; and asked the neighborhood's opinion of closing the street? Mr. Ambrioso stated that a petition has been circulated and signed by all neighbors; that the residents are in favor of a closure of Central Park Drive off Webber Street leaving Grove Place: as the only access to the neighborhood. Vice Mayor Pillot asked if ingress and egress on Webber Street with a traffic light would be more convenient? Mr. Dickinson stated that the long length of the traffic light at Webber Street and US 41 makes using Grove Place for access more convenient. Commissioner Quillin stated that personal conversations with McClellan Park residents and the Neighborhood Association occurred; that the residents recommended closing Central Park Drive at Webber Street; that the sidewalk at Central Park Drive and Webber Street is close to the road; that children use the sidewalk to walk or ride bicycles to school; that closing Central Park Drive at Webber Street should be considered. Mr. Ambrioso stated that a petition was signed; and asked the procedure for closing off the street? Mayor Cardamone stated that the petition should be presented to the City Manager and the Engineering Department. City Manager Sollenberger stated that a petition from the Mcclellan Park neighborhood has not been personally observed; that Staff would be pleased to work with the residents if the neighborhood wishes to present a petition for closing off a street. Mayor Cardamone requested that the Applicant come forward for rebuttal. Mr. Freedman stated that the Applicant will be pleased to work with residents regarding closing the street; that a street closure would not affect the Applicant's site plan; that 15 feet of landscaping and a 6.5-foot fence with an area of open space in the northeast corner at Central Park Drive will block vision of the parking area; that losing the ability to use lot 6 will preclude generous buffering of the facility; that the concern regarding the sidewalk along Webber Street can be satisfied by the Applicant. Commissioner Quillin asked if the Applicant is willing to work with the neighborhood regarding design, street closure, ingress and egress, etc.? Mr. Freedman stated yes; that two driveways of the existing facility have been closed off due to the cut-through traffic; that the Applicant will insure couriers no longer use Central Park Drive. Mayor Cardamone stated that a petition was signed by four residents on Central Park Drive; that only five residences face the median on Central Park Drive; that the petition only addresses closing the street and does not address the Application; that the street should be cul-de-saced rather than closed; that a sadness is five homes face the beautiful broad boulevard and one will be taken away, creating a strangeness to the closeness of the five homes facing across the boulevard. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4205 by title only. BOOK 47 Page 19300 03/20/00 6:00 P.M. BOOK 47 Page 19301 03/20/00 6:00 P.M. City Manager Sollenberger stated that the Administration recommends passing on first reading proposed Ordinance No. 00-4205 with lot 6 deleted. Vice Mayor Pillot asked if the owner of the house located on lot 6 has the right to tear down the house? Mr. James stated yes. Vice Mayor Pillot stated that losing affordable housing is not relevant if the Applicant chooses not to keep the house. Mr. James stated that is correct. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 00-4205 with lot 6 included on first reading. Vice Mayor Pillot stated that one-half of lot 6 will be dedicated as a landscaped park; that the barrier along Central Park Drive might be diminished if lot 6 cannot be used for parking; that the traffic could be reduced through closure of a street; that a 6.5-foot fence with heavy landscaping will be a visual barrier; the other benefits of the expansion of the facility include a sound barrier from traffic on US 41; that the intrusion of using the southern half of lot 6 for parking is outweighed by the benetits of the plan. Commissioner Hogle agreed and stated that the Applicant's proposes working with the neighborhood concerning the sidewalk along Webber Street and developing some sort of waiting area for the children waiting to cross the street would be good for the whole community. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (4 to 1): Cardamone, noi Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Cardamone asked if moving forward with the partial street closure or cul-de-sac is possible? Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that Staff will be happy to work with other departments to consider the request to close Central Park Drive; however, the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, provides traffic calming must be considered to maintain circulation prior to considering closure of a street. Vice Mayor Pillot asked if the word "consider" means trying or thinking about traffic calming? Mayor Cardamone stated that traffic calming may work. City Manager Sollenberger stated that the Administration will report back to the Commission. 12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4206, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1998 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION 99-PA-01 FILED BY LEE PROPERTIES; SAID SMALL SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND CLASSIFICATION OF A PARCEL OF PROPERTY FROM "MIXED RESIDENTIAL" TO "COMMUNITY COMMERCIAL;" SAID PROPERTY BEING APPROXIMATELY .75 ACRE IN SIZE AND LOCATED BETWEEN 7"H STREET AND 8"H STREET APPROXIMATELY 200 FEET EAST OF NORTH WASHINGTON BOULEVARD; ETC. (TITLE ONLY) (APPLICATION NO. 99-PA-01, APPLICANT LEE PROPERTIES) DENIED ON FIRST READING (AGENDA ITEM IV-A-4) #2 (2286) through #3 (1937) Mayor Cardamone stated that Application No. 99-PA-01 as incorporated in proposed Ordinance No. 00-4206 is a request for a small-scale amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition. Douglas James, Chief Planner, Planning and Development Department, came before the Commission and stated that Application No. 99-PA-01 is a request to change the Future Land Use Classification of a .75 acre parcel located at 2019, 2025, and 2031 Seventh Street and 2030 and 2032 Eighth Street from the Mixed Residential to the Community Commercial Land Use Classification, referred to drawings displayed on the overhead projector indicating the relationship among the property with Seventh and Eighth Streets and Washington Boulevard as well as the Community Commercial Land Use Classification paralleling both sides of Washington Boulevard separating the property from Washington Boulevard; that the property is located in the Mixed Residential Land Use Classification which is devoted to existing and planned primary uses of detached single-tamily dwellings on individual lots with existing and planned secondary uses of garage apartments, guest houses, clustered single-family units, granny flats, plexes, churches, day care, elementary schools, BOOK 47 Page 19302 03/20/00 6:00 P.M. BOOK 47 Page 19303 03/20/00 6:00 P.M. and parks; that as part of the update of the Land Development Regulations (LDRs), Staff will present a new Land Use Classification for the Mixed Use Residential Land Use Classification; that the Community Commercial Land Use Classification is primarily devoted to retail commercial uses including professional and medical offices, motels, hotels, personal service, motor vehicle sales, institutional, churches, day care, lementary/secondary schools, social service agencies, storage, and governmental activities with implementing zone districts of the Commercial Neighborhood (CN), Commercial Business Newtown (CBN), Commercial, Shopping Center, Neighborhood (CSC-N), Commercial General (CG) North Trail (NT), Commercial Park (CP), Commercial, Shopping Center, Community (CSC-C), and Governmental Use (G) Zone Districts; that a variety of commercial and institutional land uses exist within the vicinity of the property; that the former Walt's Fish Market (Walt's) is undergoing redevelopment; that the Land Use Classification includes a portion of Walt's retail center for which a site plan was recently approved; that a portion of the Walt's redevelopment to the east, which was approved as part of a site plan by the PBLP on December 1, 1999, will be used for approximately 12 parking spaces; that on October 3, 1984, the legal interests in the parcel received approval of Special Exception Petition No. 84-SE-32 for a parking lot; that in the early 1990s, the special exception provision of the Zoning Code (1981 as amended) was removed due to concern regarding parking lots and neighborhood compatibility; that the special exception ran with the land and had no expiration date; that the Walt's redevelopment will make use of the special exception for the property. Vice Mayor Pillot asked for clarification of the American Legion Post 30 building site on Fifth Street. Mr. James stated that the property is in the Mixed Residential Land Use Classification which includes churches, day care, elementary schools, and parks; that the American Legion would have difficulty finding an appropriate category in the Mixed Residential Land Use Classification but does, nevertheless, exist; that an action strategy in the Future Land Use Chapter of the City's Comprehensive Plan recognizes many uses and Zoning Districts were embraced as zoning enclaves; and distributed Action Strategies 1.3 through 1.7 concerning zoning enclaves in the Future Land Use chapter of the City's Comprehensive Plan indicating zoning enclaves shall be permitted in accordance with the zone district regulations and all other relevant regulations but shall not be the basis for a rezoning of other properties in the vicinity of the zoning enclave. Mr. James stated that the American Legion property is in the RMF-2 Zone District; that the zoning enclave language is not totally applicable; that other language indicates zoning enclaves should not be used as a basis for creating more zoning enclaves on adjacent parcels or in the nearby vicinity; that the City's Comprehensive Plan recognizes zoning enclaves as failure to do sO would result in the creation of scores of non- conforming uses; that the potential problem was solved by creating zoning enclaves; that a series of steps will be undertaken to eliminate enclaves on a case-by-case basis; that some action may be initiated by an Applicant and others initiated by the City. Mr. James continued that the RMF-2 Zone District allows a maximum of nine dwelling units per acre; that an overview of Staff comments concerning public benefit of the application is as follows: A. Of Public Benefit 1. Sponsored neighborhood workshop 2. Commitment to preserve giant oak trees 3. Enhances the economic viability of the City's businesses 4. Maintains adopted levels of service for relevant infrastructure B. Not of Public Benefit 1. Would expand the Community Commercial classification contrary to the classification's characteristics 2. Intrusion of future commercial activities within the Park East area 3. Contrary to maintenance/revitalization of moderate/low income housing C. On Balance 1. The Application is not in the public benefit Vice Mayor Pillot asked the identification of the property immediately north of the Applicant's property? Mr. James stated that a Popeyes Chicken & Biscuits franchise (Popeyes) is immediately north of the property. BOOK 47 Page 19304 03/20/00 6:00 P.M. BOOK 47 Page 19305 03/20/00 6:00 P.M. Vice Mayor Pillot stated that commercially zoned property is across Eighth Street from the Applicant's property. Mr. James stated that is correct. Vice Mayor Pillot asked the identification of the property behind Popeyes? Mr. James stated that a residential, single-family structure is on the property. Mayor Cardamone opened the public hearing and requested the Applicant come forward. Dick and Marilynn Lee, Applicants, and Michael Ritter, Michael P. Ritter & Associates, P.A., came before the Commission. Attorney Lee stated that the request is to change the Future Land Use Classification from the Mixed Residential to the Community Commercial Land Use Classification; that between Fifth and Sixth Streets from Waldemere Street to US 41 is approximately 750 feet; that the subject property is only 183 feet deep; that allowing others to develop deeper and refusing development of the subject property is unfair; that the amount of property was purchased to allow for adequate parking in 1985 at which time the Zoning Code (1981 as amended) allowed development for parking; that development commenced immediately after purchase of the property; however, interest rates increased, making further construction economically prohibitive; that in 1987 a major heart attack was suffered; that subsequently the zoning was changed not to allow parking; that the purchase price of the property was approximately $250,000; that the lot directly east was sold for $10,000 thereby reducing the comparable value; that only 113 of 250 feet can be developed; that a neighborhood meeting was conducted; that two residents are very opposed to redevelopment of the property; that the property was not purchased for the purpose of renting the existing residences, which were rented temporarily due to setbacks in redeveloping the property; that after years of tenants destroying the property and theft of appliances, etc., boarding up the buildings was less expensive than attempting to profit from rentals; that redeveloping the property will give the City an economic boost; that the property will be a landmark; that a nearby restaurant owner indicated strong support for the redevelopment; that an attractive building will be constructed at a gateway to the City; that the redevelopment will provide employment, office space, enhance the tax rolls, and jumpstart the type of development the City desires in the vicinity; that immediately north is a Popeyes, the next corner has a KFC Corporation franchise (KFC), and a Quick Stop is across the street; that developing the property will make the area healthy; that a church in the vicinity desires to use the redeveloped property for overflow parking; that the community will benefit from redevelopment of the property. Ms. Lee displayed photographs of the property for Commission viewing and stated that developing a parking lot as a park-like area is proposed; that the property has many giant oak trees; that surrounding neighbors require open space and an area for children to play, which will be provided by the proposed development; that improving rather than invading the neighborhood is being attempted. Attorney Lee referred to a drawing of the proposed project displayed on an easel and stated that the project will improve the surrounding area. Ms. Lee stated that a neighborhood workshop was conducted; that police officers have indicated open space leads to safety in neighborhoods; and thanked Staff for assistance with the proposal. The following people came before the Commission: Richard Bass, 1953 Eighth Street (34236), stated that property has been personally owned on Eighth Street and the west side of Washington Boulevard since 1992; that much redevelopment in the vicinity has occurred; that a tremendous change in the neighborhood has occurred as the number of independent contractors working the streets has declined; that drug deals are no longer observed; that the neighborhood has experienced positive changes; that Application No. 99-PA-01 is supported to further redevelopment activities in the vicinity from Fruitville Road to 12th Street; that continuing redevelopment of the area with appropriate buffers and landscaping is required; that the Applicant's prior development of the subject property is an improvement over the former Trailways bus station; however, the property can be redeveloped more attractively and facilitate economic development in the area. Linda Holland, President, Coalition of City Neighborhood Associations (CCNA), 617 Gillespie Avenue (34236), read for the record a March 20, 2000, letter from the CCNA to the Commission indicating the CCNA voted unanimously at its March 4, 2000, BOOK 47 Page 19306 03/20/00 6:00 P.M. BOOK 47 Page 19307 03/20/00 6:00 P.M. meeting to support the decision of the PBLP and request the Commission deny approval of proposed Ordinance No. 00-4206 changing the Lee Properties from the Mixed Residential to the Community Commercial Land Use Classification, the 10-year opposition of the CCNA to commercial intrusion into residential neighborhoods, the CCNA's continuing commitment to commercial intrusion, the knowledge the proposed change would be the tip of a commercial wedge into the Park East neighborhood, the particularly offensive nature of the request as the property owner has intentionally allowed the property to deteriorate resulting in the claim that a parking lot is better than derelict housing, the nature of the property as an eyesore and nuisance to the neighborhood for a number of years, the efforts of the neighborhood to improve the quality of life and the residential property values, and the importance of the City's commitment to neighborhoods for the future of Park East and other vulnerable neighborhoods. Ms. Holland stated that speaking as a resident of a vulnerable neighborhood, approving the amendment request will set a bad precedent; that the public will not be benefited. Sandy Vaughn, representing the Park East Community Association, (PECA) 2135 Fourth Street (34237), stated that the proposed ordinance is opposed; that PECA has been working on a neighborhood strategy plan since September 1999 to improve the quality of life in the neighborhood; that allowing infringement of a parking lot into the neighborhood will not improve the quality of life as residential properties will be eliminated; that good, affordable, low-income housing is required; that the houses on the property have been boarded up for several years while the houses could have been rented; that many rental properties in the neighborhood have not been allowed to deteriorate; that the City offers a landlord/tenant training program sO no reason exists for rental properties to become deteriorated; that a parking lot on the property will not benefit the neighborhood; that PECA has made alternate recommendations for use of the property; that not approving the proposed ordinance is urged. Gretchen Fugate, P.O. Box 224 (34230), stated that in 26 years, the City has undergone many changes, including significant growth in the past five years; that the improvement in the Towles Court area is 'amazing; that entering the City from US 301 has been the less attractive route; that the widening of Fruitville Road was experienced; that the process was inconvenient to neighboring residents; however, the County could not function without Fruitville Road; that expanding the Downtown area is required; that the American Legion property has parking encircling the building; that not allowing an individual to expand personal property is not understood; that the proposed ordinance should be approved. Joan Simmons, 1313 West Way Drive (34236), stated that four units are personally owned on Eighth Street, that the proposed redevelopment is exciting; that lighting will be installed in the parking lot which will be helpful in controlling crime in the neighborhood; that slowing down redevelopment is negative; that the proposed redevelopment is beautiful and will help the neighborhood; that allowing the redevelopment is encouraged. Wallace Murray, Vice President, Board of Directors, Westcoast Center for Human Development, 5945 Ravenwood Drive (34243), stated that the proposed redevelopment is a benefit to the area and a welcome addition; that the Applicant has indicated the Westcoast Center for Human Development could use the proposed redevelopment for overflow parking; that crossing Washington Boulevard is very dangerous; that the proposed ordinance is supported. Marilynn Lee, 1354 Harbor Drive (34239), stated that the requested change in the City's Comprehensive Plan has been in process for a very long time; that presently the Florida Department of Juvenile Justice (FJJ) leases office space in the building on the propertyi that housing other State services in the building is anticipated; that 33,000 square feet is required for parking for the redevelopment; that not enhancing the property will deprive neighbors of an upgraded neighborhood; that recreating a commercial district is not being attempted as the area is already very commercially occupied; that allowing the project to move forward is requested. Vice Mayor Pillot asked the proposed buffer at the east end of the parking lot? Ms. Lee stated that the neighbors have been asked for recommendations for buffering; that working with and helping the neighbors is desired. Mayor Cardamone asked if the building currently on the property fully occupied? BOOK 47 Page 19308 03/20/00 6:00 P.M. BOOK 47 Page 19309 03/20/00 6:00 P.M. Ms. Lee stated no; that the FJJ occupies the north end of the building; that attorneys occupy a small office on the south end of the building; that an unusable shell in the middle of the building exists due to insufficient parking. Commissioner Hogle asked if more use will be allowed in the building in the event a parking lot is installed on the north side of the property? Ms. Lee stated that using the north side of the property for parking will not allow adequate development of the property; that viewing parking lots from streets is undesirable; that parking should be located behind a building. Mayor Cardamone asked if the north side of the property is presently used for parking? Ms. Lee stated no; that the only parking is directly behind the building. Del Fulton, Pastor, Church of God, 2308 Roselawn Street (34231), stated that the neighborhood has continued to deteriorate; that the proposed ordinance is personally supported; that recouping the investment by allowing expansion of the property should be allowed; that redevelopment of the property will improve the tax base and will be a benefit to the neighborhood; that the neighborhood is predominantly Hispanic; that approximately 100 Hispanics attend the Church of God served by an Hispanic pastor; that neighbors have changed; that the Church is attempting to change with the neighbors; that the neighborhood requires the presence of the Church; that considering approval of the proposed ordinance is suggested. Robert Bower, 1522 Georgetown Lane (34232), stated that property in the vicinity of the proposed redevelopment is personally owned; that the intention of the Applicant is progress for the community; that the property will be upgraded; that the redevelopment represents progress for the community and will better the community. Michael Ritter, 1487 Second Street (34236), stated that the positives and negatives of the proposed redevelopment are relatively balanced; that deciding the importance of residential or commercial uses is a problem; that commercial use is required to support residential use which is the lifeblood of the City; that the proposed redevelopment will enhance both commercial and residential uses; that a line cannot be drawn indicating limits of development; that required services will be brought to the neighborhood; that the views from Washington Boulevard will be enhanced. Mr. James stated that Staff's report presentation graphics included in the Agenda material incorrectly indicate the subject parcel is bordered on the north by Ninth Street and on the south by Eighth Street; that the graphics were corrected for the overhead presentation to indicate the parcel is bordered by Seventh and Eighth streets; that no mobile homes exist in the vicinity. Commissioner Hogle asked if the large vacant lot north of the property can be used for parking or building a parking garage and expanding on the property could be accomplished without intrusion into the Park East neighborhood? Mr. James stated yes. Commissioner Quillin asked the reason Staff recommended approval of Application No. 99-PA-07 discussed under Agenda Item IV-A-3 as Application No. 99-PA-01 is for property located in a more intense commercial area than approved Application No. 99-PA-07? Mr. James stated that the Application No. 99-PA-07 is for property located near a major collector road; that the types of traffic and the functions of a major collector road, i.e., Webber Street, is different from two residential streets which have an operating characteristic other than a major collector which is clearly pointed out in the Future Land Use and Transportation chapters of the City's Comprehensive Plan as a major difference; that uses inconsistent with a Land Use Classification should not be utilized to support deviations from the Land Use Classification in the future; that using existing uses as a basis for further deviation from the Future Land Use Map will result in hundreds of requests for Comprehensive Plan Amendments. Commissioner Quillin stated that Eighth Street is the only street in the vicinity extending through to Lime Avenue; that the Pine East neighborhood is personally known; that a landscaped area causes no personal concern. Mayor Cardamone requested the Applicant come forward for rebuttal. BOOK 47 Page 19310 03/20/00 6:00 P.M. BOOK 47 Page 19311 03/20/00 6:00 P.M. Attorney Lee stated that the property was purchased prior to Land Use Classification changes; that many commercial uses in the area extend back much farther than the proposed project; that Staff advised the proposed project will not affect affordable housing; that the traffic impact is de minimis; that the alternative is to improve the property or allow derelict structures to remain on the property; that working with the City and the neighborhood is desired; that any buffer desired by the neighbors will be provided; that the proposed project will improve the gateway to the City. Mr. Ritter stated that parking on the vacant north lot will reduce the size of the building; that a trade-off exists for economic purposes versus the location of the building and parking; that concentrating parking in the rear of the property with buffering, green space, and picnic areas leaves the front of the property for the building, forming a buffer to the neighborhood. Mayor Cardamone stated that the requested Amendment Application does not require a site plan approval. Mr. James stated that is correct. Vice Mayor Pillot stated that Code Entorcement could establish requirements as to the condition of the boarded-up houses; and asked if the City has the authority to require renovation of the houses and if the owner could tear down the houses leaving a vacant lot? City - Manager Sollenberger stated that the City can require corrections of code violations. Vice Mayor Pillot stated that the Applicant is under no compulsion of law to provide housing on the property. City Manager Sollenberger stated that is correct. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4206 by title only. City Manager Sollenberger stated that the Administration recommends denying proposed Ordinance No. 00-4206 on first reading. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to deny proposed Ordinance No. 00-4206 on first reading. Commissioner Hogle stated that a personal meeting with Attorney and Ms. Lee occurred approximately nine months ago; that the property is wonderful compared to the previous appearance; that the boarded-up structures were observed; that working with the neighborhood to attempt to produce a plan acceptable to the neighborhood and to recommend to the City was suggested; that consulting with and using a professional planner for the presentation was suggested; that the presentation to the Planning Board/Local Planning Agency (PBLP) did not reveal an attempt to work out a "win/win" situation; that the Applicant did not clearly make a presentation on a potentially good solution. Vice Mayor Pillot stated that a concern over the years is setting precedents; that each action should be determined on individual merits; that a precedent should take effect if decisions are consistent and the precedent is positive; that the City is not bound by a precedent if a decision is not consistent with a previous decision; that the result of the proposed ordinance as the beginning of an intrusion into the Park East neighborhood is not personally believed; that the City has the responsibility and ability to judge each item on individual merits; that property owners are not compelled to restore existing structures or to replace structures; that individual property rights do not always conform with area neighbor preferences; however, individual property rights should not take away rights of others; that the Applicant has the right to decide the disposition of the existing structures including demolishing the structures and maintaining a vacant lot which does not help anyone; that a compelling argument has been to approve the proposed ordinance on first reading allowing stipulations as to the buffering prior to second reading; that an attractive building will be constructed with an attractive area at the rear of the property. City Attorney Taylor stated that the request is a Comprehensive Plan Amendment making the property eligible for rezoning; that stipulations as to buffering, etc., will be addressed at the time of a rezoning request. Vice Mayor Pillot stated that the Applicant has indicated a willingness to conform to stipulations. BOOK 47 Page 19312 03/20/00 6:00 P.M. BOOK 47 Page 19313 03/20/00 6:00 P.M. Commissioner Quillin stated that addressing items which will enhance the neighborhood is required to promote others - to support development; that the Park East neighborhood and the Applicant's property have been visited; that the boarded-up properties do not justify rehabilitation; that a church at the end of the street compromises most of the block; that the neighborhood is in transition, which is pleasing; that Ms. Vaughn is a PBLP member and made the motion to deny the request which causes a personal concern; that the record should reflect Ms. Vaughn's action; that Ms. Vaughn should have recused on the vote; that nothing has been observed to preclude a Comprehensive Plan Amendment change. Commissioner Hogle stated that no site plan is attached to the request for the Comprehensive Plan Amendment; therefore, the Applicant could theoretically sell the property to another individual who may erect a structure which would be a great disservice to the neighborhood. Mayor Cardamone stated that the current limits on the Future Land Use Map are personally approved; that no reason exists to break through the current limits, which send a strong message of the City's desires; that the Applicant has no obligation to retain the structures on the property; however, five new houses compatible with the surrounding neighborhood could be constructed. Mayor Cardamone called for a vote on the motion to deny proposed Ordinance No. 00-4206 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 2): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, no; Quillin, no. Mayor Cardamone stated that the time is 11:30 p.m.i that the meeting will be adjourned unless a vote is made to extend; that hearing a majority consensus of four, the meeting is extended to complete the Agenda. 13. NON QUASI-JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 00-4207, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA, FLORIDA (1998 EDITION) BY THE ADOPTION OF THE SMALL SCALE DEVELOPMENT AMENDMENT MORE FULLY DESCRIBED IN APPLICATION 99-PA-03 FILED BY J.H. FLOYD SUNSHINE MANOR, INC.; SAID SMALL SCALE DEVELOPMENT AMENDMENT CONSISTS OF AN AMENDMENT TO THE FUTURE LAND USE MAP TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A PARCEL OF PROPERTY FROM "MULTIPLE FAMILY RESIDENTIAL MODERATE DENSITY" AND "MULTIPLE FAMILY RESIDENTIAL MEDIUM DENSITY" TO "COMMUNITY OFFICE INSTIUTIONAL," SAID PROPERTY BEING APPROXIMATELY .72 ACRE IN SIZE AND LOCATED ON THE NORTH SIDE OF 18"H STREET IMMEDIATELY EAST OF THE EXISTING J.H. FLOYD SUNSHINE MANOR CAMPUS; ETC. (TITLE ONLY) (APPLICATION NO. 99-PA-03, APPLICANT J.H. FLOYD SUNSHINE MANOR, INC.) - PASSED ON FIRST READING (AGENDA ITEM IV-A-5) #3 (1987) through (2183) Mayor Cardamone stated that Comprehensive Plan Amendment Application No. 99-PA-03 as incorporated in proposed Ordinance No. 00-4207 is a request for a small-scale amendment to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition. Douglas James, Chief Planner, Planning and Development Department, came before the Commission and stated that Application No. 99-PA-03 is a request to change the Future Land Use Classification of a . 72 acre parcel located at 1825 18th Street from the Multiple Family - Moderate Density and Multiple Family Medium Density to Community Office/Inetitutional Land Use Classification to allow construction of an assisted living facility (ALF) and an independent living facility; that Staff determined the public will be benefited by approval of the proposed Ordinance; that at its January 19, 2000, meeting, the Planning Board/Local Planning Agency (PBLP) held a public hearing and voted unanimously to recommend Commission approval of proposed Ordinance No. 00-4207 subject to the condition any future application for rezoning of all or any portion of the property shall be accompanied by a site plan reflecting the proposed development of the subject property. Mayor Cardamone opened the public hearing and requested the Applicant come forward. Daniel Sagan, Daniel Sagan Architect, P.A., and Kelly Bolger, Director of Facilities, J.H. Floyd Sunshine Manor, Inc., came before the Commission. Mr. Sagan stated that Commission approval of proposed Ordinance No. 00-4207 is requested. There was no one signed up to speak and Mayor Cardamone closed the public hearing. BOOK 47 Page 19314 03/20/00 6:00 P.M. BOOK 47 Page 19315 03/20/00 6:00 P.M. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4207 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4207 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4207 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 14. NON QUASI-JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE : PROPOSED ORDINANCE NO. 00-4210, AMENDING THE SARASOTA CITY CODE, CHAPTER 38, ZONING, SECTION 38-1, sO AS TO INCORPORATE BY THE ZONING CODE (1998), AS AMENDED, AS PART OF THE SARASOTA CITY CODE; ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-A-6) #3 (2183) through (2251) Mayor Cardamone stated that proposed Ordinance No. 00-4210 amends the Sarasota City Code, 1998 Edition (City Codé), to incorporate the Zoning Code (1998) by reference. City Attorney Taylor stated that proposed Ordinance No. 00-4210 amends the City Code to delete reference to the previous Zoning Code (1981 as amended) and to substitute reference to the current Zoning Code (1998) for incorporation by reference into the City Code. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4210 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 00-4210 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4210 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): : Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 15. CITIZENS' INPUT CONCERNING CITY TOPICS #3 (2250) through (2440) John Flaherty, 500 Royal Road, Longboat Key, Florida (34228), came before the Commission and referred to the Code of Conduct as follows: We may agree to disagree but will be respectful of one another. Mr. Flaherty referred to proposed Ordinance No. 99-4163 regulating animals in back yards and stated that the City is banning the rabbit unless the City Manager can be convinced the rabbit can be used to educate children concerning animal husbandry; that the potential ban is despicable; that the Sarasota County Fair is currently being held; that the small animal booth is full of residents who are showing rabbits and pigmy goats; that the City Commissioners and the City Attorney should go to the Sarasota County Fair; that the Commissioners seem to support the 4-H Clubs and animal husbandry among students; however, someone does not like the rabbit; that the pigmy goat which is no taller than knee-high should also be considered as a pet but is not allowed by the proposed ordinance; that a slippery slope is created if politicians attempt to select pets; that lions should not be permitted in Downtown; however, dictating the type of pets allowed is excessive; that a stopping point must be established; that keeping rabbits should be legal; that banning the rabbit will make enemies forever. Mr. Flaherty continued that Commissioner Hogle is a citizen and no longer a police officer; that a personal complaint will be forwarded to the Sheriff or the Police; that no personal right exists to go to the State's Attorney; that the reason, Commissioner Hogle approached the State's Attorney is not known. BOOK 47 Page 19316 03/20/00 6:00 P.M. BOOK 47 Page 19317 03/20/00 6:00 P.M. Mayor Cardamone stated that any ordinance concerning rabbits will be the subject of a public hearing at which time interested persons may speak. 16. UNFINISHED BUSINESS: APPROVAL RE: NAMING OF THE PARK AREA AT THE INTERSECTION OF ORANGE AND PINEAPPLE AVENUES AS "OWEN BURNS SQUARE' I IN HONOR OF OWEN BURNS - APPROVED (AGENDA ITEM VI-1) #3 (2440) through (2785) Vice Mayor Pillot stated that the career and contributions of Owen Burns to the City are well known; that the proposal is to name the park area at the intersection of Orange and Pineapple Avenues as Owen Burns Square; that Owen Burns constructed the Herald Building at the intersection of Orange and Pineapple Avenues; that the possibility of naming the park area in honor of Owen Burns was discussed with several people including Lillian Burns, who was gracious in appreciation of the opportunity. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to name the park area at the intersection of Orange and Pineapple Avenues as Owen Burns Square. City Manager Sollenberger stated that the Administration recommends support of the motion. Vice Mayor Pillot stated that placing an historic plaque in a location most likely seen is suggested; that the plaque may be seen more often if facing the Herald Building. Commissioner Quillin stated that assuring the plaque does not block the vehicular or pedestrian line of sight is important. Vice Mayor Pillot agreed and stated that the plaque could be placed on the building with the owner's approval. John Flaherty, 500 Royal Road, Longboat Key, Florida (34228), came before the Commission and stated that the suggested dedication is on target; that Owen Burns is deceased and was well known in the community; that the dedication makes sense; that the possibility of elected political leaders' naming places or buildings after themselves while in office causes concern; that the Sarasota Board of County Commissioners have taken an initial vote to name the south County Administration building after a sitting member; that the possibility of renaming the existing Ringling Causeway Bridge has been heard; that a community policy concerning naming places and buildings should be established. Mayor Cardamone called for a vote on the motion to name the park area at the intersection of Orange and Pineapple Avenues as Owen Burns Square. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Commissioner Quillin stated that a reference on the plaque to Owen Burns' association with the Herald Building would add another historical perspective. Vice Mayor Pillot stated that a plaque designating Owen Burns as a Great Floridian 2000 will be received by the City in April 2000, which would be an excellent time for the dedication of Owen Burns Square. 17. UNFINISHED BUSINESS: APPROVAL RE: : NAMING OF THE SWIMMING POOL AT LIDO BEACH AS THE " JACK BETZ POOL" = APPROVED (AGENDA ITEM VI-2) #3 (2785) through (2915) Mayor Cardamone stated that the Commission has previously discussed naming a site in honor of Jack Betz; that the community is supportive. On motion of Mayor Cardamone, who passed the gavel to Vice Mayor Pillot, and second of Commissioner Hogle, it was moved to name the swimming pool at Lido Beach in honor of Jack Betz. Mayor Cardamone stated that Jack Betz was elected Mayor of the City three times, served as a teacher and a coach, was a renowned diver and swimmer, and had many other talents shared with the community; that honoring his memory is appropriate. Vice Mayor Pillot stated that Jack Betz was a stand-in for the character "boy" in the early Tarzan movies and was a friend to everyone. Mayor Cardamone stated that Jack Betz played in the movie "The Black Lagoon. H Vice Mayor Pillot called for a vote on the motion. Motion carried unanimously (5: to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. BOOK 47 Page 19318 03/20/00 6:00 P.M. BOOK 47 Page 19319 03/20/00 6:00 P.M. Vice Mayor Pillot passed the gavel to Mayor Cardamone. Mayor Cardamone stated that a dedication will be held at 5:30 p.m., April 7, 2000; that City Auditor and Clerk Robinson has been assisting with the plaque; that some Staff effort may be required; that the assistance of the Sarasota County Department of Parks and Recreation has been requested and will be provided; that the event should be filled with good memories. 18. NEW BUSINESS: DISCUSSION RE: REQUEST OF FLORIDA WEST COAST SYMPHONY TO CONSTRUCT A PERFORMING ARTS HALL EXCEEDING A HEIGHT OF 45 FEET ABOVE FLOOD ZONE A = APPROVED SUBJECT TO CONDITIONS (AGENDA ITEM VII-1) #3 (2915) through (3310) City Manager Sollenberger stated that the City previously entered into a Disposition and Development of Property Agreement with the Wynnton Group, Inc. (Wynnton Group), developers of the Renaissance of Sarasota, providing for a view corridor easement across the Municipal Auditorium site restricting the height of buildings to no more than 45 feet above the Federal Emergency Management Agency (FEMA) Flood Zone A except for the Van Wezel Performing Arts Hall (VWPAH) and one other existing or new structure with the performing arts as the primary use; that the Florida West Coast Symphony (Symphony) has a lease with the City and a pending lease for an adjacent piece of property which must bé developed within a certain period of time; that the Symphony is requesting an exemption from the view corridor easement; that the Administration recommends conditionally approving the Symphony exemption as the second and final exemption to the Renaissance of Sarasota view corridor easement, allowing construction of up to 90 feet above the FEMA elevation; that approval should be conditional upon the Symphony's complying with all other requirements of the Renaissance of Sarasota view corridor easement as well as any and all codes and regulations applicable to the Symphony's expansion; that the approval should automatically expire if construction of Phase I of the expansion approved by the City through Application Nos. 00-CU-03, 00-SV-13, and 00-GZW-01 has not commenced by March 20, 2001, and a Certificate of Occupancy (CO) is not issued by March 20, 2002. Vice Mayor Pillot stated that a commencement date and completion date should be established within reason; however, approval should not expire if construction is substantially complete but a hurricane or other natural disaster occurs; and asked if the condition of obtaining a CO by March 20, 2002, can be modified? City Manager Sollenberger stated that a force majeure clause can be utilized; that a start and finish condition is important to avoid abandonment; however, the Commission can grant an extension if the project is being diligently pursued. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to approve the request of Florida West Coast Symphony to construct a performing arts hall exceeding a height of 45 feet above the Federal Emergency Management Agency (FEMA) Flood Zone A with the conditions recommended by the Administration. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 19. NEW BUSINESS: PRESENTATION RE: CONCEPT PLAN FOR IMPROVEMENTS TO THE NORTH WATER TOWER PARK - APPROVED THE CONCEPT PLAN FOR THE NORTH WATER TOWER PARK AND AUTHORIZED THE ADMINISTRATION TO COMPLETE THE DESIGN OF THE PARK AND BID THE PROJECT (AGENDA ITEM VII-3) #3 (3310) through #4 (0408) William Hallisey, Director of Public Works, and Duane Mountain, Deputy Director of Public Works, came before the Commission. Mr. Hallisey stated that North Water Tower Park (Park) is a 20- acre piece of property located off Old Bradenton Road near 47th Street; that the Park is unique as a water tower denotes the Park's location; that the Park has a playground area, a disc golf course, and picnic tables in a small pavilion; that the Local Options Sales Tax (L.0.S.T.) extension, also called the penny sales tax, funded improvements to the Park in fiscal year (F/Y) 1999/2000 in the amount of $500,000; that several public meetings were conducted with the Bayou Oaks Neighborhood Association and the local disc golf club (Sky Pilots); that a mail-in survey was conducted; that a consensus was achieved as to the improvements which would be constructed in the Park; that on December 16, 1999, the Parks, Recreation and Environmental Protection Board (PREPAB) approved the concept plan for the Park; that improving the Park is behind schedule as the water tower will be replaced; that construction of the water tower will commence at the end of March 2000; that the construction was purposely delayed as a large disc golf tournament was scheduled; that the water tower will be completed in November 2000; that the Park improvements will be completed in April 2001. BOOK 47 Page 19320 03/20/00 6:00 P.M. BOOK 47 Page 19321 03/20/00 6:00 P.M. Mr. Mountain referred to a drawing displayed on an easel and stated that some of the relocated disc golf holes require adjustment in the field with the assistance of the Sky Pilots; that the following amenities will be provided in the Park: 38 parking spaces, a restroom, a horseshoe area, a picnic pavilion, an expanded children's play lot, a beach volley ball site, picnic shelters with barbecue grills, and neighborhood pedestrian access. Mr. Mountain referred to the concept plan approved by the PREPAB indicating the location of the existing water tower and the proposed location for the new water tower allowing for better development of the northern portion of the Park, and stated that lighting will be scattered throughout the Park; that opening an area of the Park with overgrown vegetation is required to comply with Crime Prevention Through Environmental Design (CPTED) regulations; that a road will be opened in the future; that an adjoining vacant lot will be purchased to provide additional parking. Commissioner Hogle stated that the presentation was very good; and asked if the concept plan with the proposed improvements to the Park could be displayed in City Hall for a few weeks for public viewing? Mr. Mountain stated yes. James Widick, President, Sarasota Sky Pilots Disc Golf Club and Member and Area Representative, Bayou Oaks Neighborhood Association, 4615 Summerwind Drive (34234), referred to a letter from David Marano, President, Bayou Oaks Neighborhood Association, dated July 27, 1999, requesting the improvements to the Park not interfere, alter, or negatively impact the existing championship disc golf course and stated that disc golf has been the most positive activity in the Park since the Park's existence; that City statistics indicate crime has been reduced by over 60 percent in the past seven years since the disc golf course was installed in the Park; that neighbors requested additional lighting as negative activities occur in the Park at night. Barry Hart, Public Liaison Officer, Sarasota Sky Pilots Disc Golf Club (Sky Pilots), P.O. Box 3017 (34230), stated that Sky Pilots has 310 members; that the Park is used by many people who are not members of Sky Pilots; that Sky Pilots are excited about the proposed changes to the Park; that Staff is thanked for working closely with Sky Pilots; that the proposed improvements will be good for everyone; that the completion of the improvements is positively anticipated; that a disc golf tournament was recently conducted with 90 players sponsored by 100+ businesses; that funds have been raised to produce over 16,000 meals through All Faiths Food Bank during the past four years through Sky Pilots' tournaments; that much has been accomplished; that Stafi's support is appreciated. Frank Martin, Chairman, Proposed Improvements Committee, Sarasota Sky Pilots Disc Golf Club, 6520 McKown Road (34240), stated that Staff's cooperation is appreciated; that a video will be presented indicating concerns regarding parking and safety issues; that the video was produced prior to receipt of a copy of a March 9, 2000, Staff memorandum indicating agreement between Staff and Sky Pilots; that neighbors expressed concern regarding a proposed entrance on Osborne Drive; and referred to a document entitled Sarasota Sky Pilots Disc Golf Club Proposed Improvements to North Water Tower Park indicating proposed park improvements and disc golf course improvements. A video was presented concerning parking and safety issues in the Park. Mr. Martin stated that the only major remaining design disagreement between Sky Pilots and Staff is placement of the path between holes 13 and 17; that golf discs could ricochet off trees and Cross the proposed path; that the path's placement is an unwarranted hazard for pedestrians and should be moved or eliminated; and presented a video illustration of the width of the rough area, the narrowness of the fairways, and examples of golf shots going bad. Mr. Martin stated that in the recent tournament with 90 players 22 were local players; that players throughout the State participate in tournaments. Mr. Widick stated that the Bayou Oaks Neighborhood Association is supportive as the Park was negatively impacted by criminal activities for years; that use deters abuse which was discovered through development of parks; that the crime rate has decreased due to the constant flow of traffic through the wooded areas; and thanked Staff for time expended on the project. Mayor Cardamone stated that years ago nothing was known about disc golf. Mr. Martin extended an invitation to play disc golf any time. BOOK 47 Page 19322 03/20/00 6:00 P.M. BOOK 47 Page 19323 03/20/00 6:00 P.M. Mayor Cardamone referred to the Agenda Request included in the Agenda materials indicating the Administration's recommendation as to: approve the concept plan for the North Water Tower Park and authorize the Administration to complete the design of the park and bid the project. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to approve the concept plan for the North Water Tower Park and authorize the Administration to complete the design of the park and bid the project. Vice Mayor Pillot asked if Staff will be working with Sky Pilots in completing the design of the Park? City Manager Sollenberger stated yes. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 20. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #4 (0408) There were no Commission Board or Committee reports. 21. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - (AGENDA ITEM X) #4 (0408) through (0575) COMMISSIONER HOGLE : A. distributed a brochure entitled Legislative Priorities 2000 and stated that on March 15 and 16, 2000, he and Mayor Cardamone lobbied the State Legislature for the items listed in the brochure; that intensive lobbying efforts were focused on the establishment of an Enterprise Zone and approval of any available funding for septic tank replacement in the City. Commissioner Mason stated that City Auditor and Clerk Robinson and his Staff were also instrumental in the lobbying efforts. Commissioner Hogle stated that is correct; that apologies are extended for not previously mentioning his name. B. stated that the City's Police Department lost Brian Shumway, a retired Sergeant, who was a personal mentor; that the City and the Sheriff's Department did an outstanding job with the honor guards, traffic control, etc.; that the memorial service was very respectful; that a paramilitary-style funeral was provided and was a nice, formal ceremony; that everyone's assistance is appreciated. Vice Mayor Pillot stated that Sergeant Shumway was also a Navy veteran. Mayor Cardamone stated that the Commission's condolences are extended to Yvonne Shumway, who is employed by the City and has served the, City and the Community very well. COMMISSIONER QUILLIN: A. stated that the Sarasota County Fair is occurring from March 17 through 24, 2000; that numerous changes have been made; that a visit is worth the effort. B. stated that the week of March 20, 2000, is a busy week; that Staff of the Office of the City Auditor and Clerk should be commended for keeping the Commission organized. MAYOR CARDAMONE: : A. referred to a letter from the National Arbor Day Foundation concerning the tree-planting activities scheduled at the Ringling Museum of Art (Ringling Museum) i that hearing the agreement of the Commission, exploring the possibility of the City's donating a tree for planting at the Ringling Museum grounds as part of the City 2000 Trees project will be referred to the Administration. 22. OTHER ATERADKDESTMIIVI OFFICERS (AGENDA ITEM XI) #4 (0495) through (0575) CITY MANAGER SOLLENBERGER: : A. stated that the Commission's approval for the Charter Officials to identify a facilitator to work with the Commission would be appreciated; that the request was BOOK 47 Page 19324 03/20/00 6:00 P.M. BOOK 47 Page 19325 03/20/00 6:00 P.M. made by Commissioner Quillin and is supported by the Administration. Mayor Cardamone stated that hearing the unanimous agreement of the Commission, approval is granted for the Charter Officials to identify a facilitator. 23. ADJOURN (AGENDA ITEM XII) #4 (0575) There being no further business, Mayor Cardamone adjourned the Regular meeting of March 20, 2000, at 12:22 p.m. haicta MOLLIE C. CARDAMONE, MAYOR > SOTA EST - LR E Robensen SL EC ROBINSON, CITY AUDITOR AND CLERK