MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 4, 2000, AT 6:00 P.M. PRESENT: Vice Mayor Albert F. Hogle, Commissioners Mollie C. Cardamone, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: Mayor Pillot PRESIDING: Vice Mayor Hogle The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR NOVEMBER 2000, LINDA K. "KAYKAE 1I THOMAS, SENIOR EMPLOYEE BENEFIT SPECIALIST, HUMAN RESOURCES DEPARTMENT #1 (0038) through (0168) City Manager Sollenberger requested that William Campbell, Director of Human Resources, and Linda K. "KayKae" Thomas, Senior Employee Benefit Specialist, Human Resources Department, join him before the Commission; and requested that Commissioner Mason join him at the Commission table to make the presentation. Mr. Campbell stated that Ms. Thomas is the Senior Employee Benefits Specialist for the City, has been working in the Human Resources Department for more than a year, has superb customer service skills, makes customers feel relaxed, and makes an extra effort to help all employees and retirees; that Ms. Thomas reorganized the filing system for efficiency, created databases to track employees' health plans, made computerization of benefits plans a reality, volunteers to participate in extra-curricular activities, and has done a wonderful job in the Human Resources Department. Commissioner Mason presented Ms. Thomas with a City-logo watch, a plaque, and a certificate as the November 2000 Employee of the Month in appreciation of her unique pertormance with the City of Sarasota; and congratulated her for her outstanding efforts. BOOK 48 Page 20344 12/04/00 6:00 P.M. BOOK 48 Page 20345 12/04/00 6:00 P.M. Ms. Thomas stated that the recognition is appreciated; that the job is enjoyed; and recognized her mother, Franchion Thomas, present in the audience. 2. ADOPTION RE: MEMORIAL RESOLUTION NO. 01R-1327, RECOGNIZING THE PASSING OF KIMBERLY PATTERSON MURPHY, SARASOTA NATIVE AND BELOVED DAUGHTER OF. FORMER CITY COMMISSIONER AND MAYOR AND CURRENT COUNTY COMMISSION NORA PATTERSON - ADOPTED #1 (0168) through (0319) Vice Mayor Hogle stated that Memorial Resolution No. 01R-1327 recognizes the November 19, 2000, passing of Kimberly Patterson Murphy, a native of Sarasota; that a youth in Sarasota passed away from leukemia 40 years ago; that while reflecting on Siesta Beach, the thought was people in the mountains often say the mountains are near God's country; however, the City's beaches are also God's country; that a State Attorney also passed away from leukemia in the past decade; that Ms. Murphy often used computers; that the hope is all three people are viewing the people assembled; that Ms. Murphy is probably looking through her computer; and requested that Commissioner Cardamone join him at the Commission table to make the presentation. Commissioner Cardamone stated that presenting Memorial Resolution No. 01R-1327 to long-time friend Nora Patterson and husband John Patterson, parents of Kimberly Patterson Murphy, is an honor; that Ms. Murphy was graduated from Riverview High School in 1989, received a Bachelors in Fine Arts from Syracuse University in 1993, and was the design director for Brownstone Galleries in New York City; that Ms. Murphy was diagnosed with acute mylogenous leukemia in May 1999 and organized the Kimberly Patterson Leukemia Research Fund to increase cancer awareness and raise money for leukemia research and for families of bone marrow transplant patients who cannot afford housing while their loved ones undergo treatment; and read Memorial Resolution No. 01R-1327 in its entirety. On the motion of Vice Mayor Hogle who passed the gavel to Commissioner Cardamone and second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. 01R-1327. Commissioner Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. Nora and John Patterson, parents, came forward and were presented with a copy of the memorial resolution appropriately framed. 3. ADOPTION RE: MEMORIAL RESOLUTION NO. 01R-1328, RECOGNIZING THE PASSING OF DR. PERRY WEBSTER GILBERT, WHOSE CAREER AS AN INTERNATIONALLY RECOGNIZED SCIENTIST AND FORMER DIRECTOR OF MOTE MARINE LABORATORY HELPED BUILD SARASOTA 'S INTERNATIONAL REPUTATION AS A CENTER FOR MARINE SCIENCE AND EDUCATION - ADOPTED #1 (0319) through (0436) Vice Mayor Hogle stated that Memorial Resolution No. 01R-1328 recognizes the October 15, 2000, passing of Dr. Perry Webster Gilbert, an outstanding citizen of Sarasota; that Dr. Gilbert came to Charlotte County in 1967 as director of Cape Haze Marine Laboratory, the precursor of Mote Marine Laboratory, guided the scientific development of a once small field station into a major research institution located in the City, was known internationally for research concerning the biology and behavior of sharks, and continued after retirement to serve the community as an active scientist and a Mote Marine Laboratory trustee; and read Memorial Resolution No. 01R-1328 in its entirety. On the motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to adopt Memorial Resolution No. 01R-1328. Vice Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yes; Quillin, yes; Cardamone, yes. A copy of the memorial resolution appropriately framed was received by the City Auditor and Clerk for delivery to the family and friends of Dr. Gilbert. 4. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0436) through (0497) City Auditor and Clerk Robinson presented the Eollowing Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-3, Approval Re: : Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Central Florida Contractors, Inc., (Bid No. 00-42H) in the amount of $55,190.00 for replacement of sidewalk, curb, and gutter throughout the City, per the request of Public Works/Utilities Director Hallisey. BOOK 48 Page 20346 12/04/00 6:00 P.M. BOOK 48 Page 20347 12/04/00 6:00 P.M. B. Remove Consent Agenda No. 1, Item No. III A-6, Approval Re: Housing Program Policy Guidelines for persons with HIV/AIDS and for persons with a Development Disability, per the request of Housing and Community Development Director Hadsell. C. Add Unfinished Business, Item No. VI-3, Discussion Re: SCAT Transfer Facility, per the request of City Manager Sollenberger. Vice Mayor Hogle asked if the Commission had any objections to the Changes to the Orders of the Day? Vice Mayor Hogle stated that hearing no objections, the Changes to the Orders of the Day are approved by unanimous consent. Vice Mayor Hogle continued that a significant number of people are present in the audience; that Mayor Pillot is out of town and unable to attend the meeting; that the Agenda of the Regular Commission meeting is abbreviated to proceed quickly sO the public will have the opportunity to discuss the City of Sarasota Downtown Master Plan 2020 (Master Plan 2020) during the December 4, 2000, Special meeting of the Community Redevelopment Agency (CRA) i that any items removed from the Consent Agendas will be considered after the December 4, 2000, Special CRA meeting, when the Commission will reconvene. 5. APPROVAL RE: : MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 20, 2000 APPROVED (AGENDA ITEM I) #1 (0497) through (0512) Vice Mayor Hogle asked if the Commission had any changes to the minutes? Vice Mayor Hogle stated that hearing no changes, the minutes of the November 20, 2000, Regular Commission meeting are approved by unanimous consent. 6. BOARD ACTIONS RE: REPORT RE: : PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF NOVEMBER 1, 2000 = RECEIVED REPORT (AGENDA ITEM II) #1 (0512) through (0570) Devin Rutkowski, Chairman of the Planning Board/Local Planning Agency. (PBLP), and Michael Taylor, Deputy Director, Planning and Development Department, came before the Commission. Mr. Rutkowski presented the following item from the November 1, 2000, Regular PBLP meeting: A. Conditional Use Application No. 00-CU-06 Site Plan Application No. 00-SP-28 Mr. Rutkowski stated that Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 as incorporated in proposed Resolution No. O0R-1292 is for approval to construct two dock extensions in a Marine Park (MP) Zone District; that the site is located at the northern end of Ken Thompson Park; that the Sarasota Sailing Squadron (SSS) has operated at the site since 1958; that the proposed docks are intended to improve staging for regattas and additional SSS events; that no additional moorage is proposed; that the PBLP unanimously found Conditional Use Application No. 00-CU-06 and Site * Plan Application No. 00-SP-28 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) and the Tree Protection Ordinance, and recommends approval subject to the following conditions in Section 4 of proposed Resolution No. OOR-1292: (a) The two proposed dock extensions.shall conform in all respects to the description set forth in the supporting materials inclusive of Site Plan 00-SP-28 . (b) Applicant shall submit prior to issuance of any building permit for the two dock extensions, evidence of any and all approvals necessary for the construction of said docks (c) Final approval of the City Commission of the proposed Second Amendment to Lease Agreement between the City of Sarasota and the Sarasota Sailing Squadron, Inc. (d) Final approval by the City Commission of Major Conditional Use Application 00-CU-06 and Site Plan Application 00-SP-28 by the adoption of Resolution No. O0R-1292. Mr. Taylor stated that proposed Resolution No. O0R-1293 granting approval of the variance for the two dock extensions in the MP Zone District will be considered as a quasi-judicial public hearing under Agenda Item IV-B-1; that proposed Resolution No. O0R-1292 approving Major Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 for the leasehold use in the Governmental Use (G) Zone District will be BOOK 48 Page 20348 12/04/00 6:00 P.M. BOOK 48 Page 20349 12/04/00 6:00 P.M. considered under Agenda Item VI-1; that the Second Amendment to the Lease Agreement between the City of Sarasota and the SSS will be considered under Agenda Item VI-2. City Manager Sollenberger stated that the Administration recommends the Commission receive the report of the November 1, 2000, Regular PBLP Meeting but does not make recommendations concerning quasi-judicial matters; that the Commission may set proposed Resolution No. O0R-1292 for public hearing or affirm the PBLP's recommendation without a public hearing by adopting proposed Resolution No. O0R-1292 under Agenda Item VI-1. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to receive the report of the November 1, 2000, Regular meeting of the Planning Board/Local Planning Agency (PBLP) Motion carried unanimously (4 to 0): : Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 4, 5, 7, 8, 9 AND 10 APPROVED; : ITEM NO. 2 CONSIDERED UNDER ITEM 16 (AGENDA ITEM III-A ) #1 (0570) through (0593) Commissioner Quillin requested that Item No. 2 be removed for discussion. 1. Approval Re: * Set for public hearing proposed Ordinance No. 01-4285, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police; amending Section 24-68, Pre-Retirement Death Benefits, Subsection (b), death not in performance of duties; etc. 4. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Sutter Roofing Company of Florida, (Bid No. 01-9H) in the amount of $29,410.00 for the roof replacement for Compost Facility Warehouse and Dewatering Buildings 5. Approval Re: Erosion Control Line (ECL) for middle third and southern third segments of Lido Key 7. Approval Re: Rental Development Program Guidelines- Appeal Procedures 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Delilah Belcher for water service for a developed site located at 3018 Arlington Street 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Michael A. Essex and Kerry Essex for sewer service for a developed site located at 504 Parkview Drive 10.Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Daniel P. McCain and Jan M. McLain for water service for a developed site located at 3003 Arlington Street On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item Nos. 1, 4, 5, 7, 8, 9, and 10, excluding Item No. 2. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. Vice Mayor Hogle stated that Consent Agenda No. 1, Item No. 2, will be considered after the December 4, 2000, Special meeting of the Community Redevelopment Agency. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1326) ADOPTED; : ITEM 2 (ORDINANCE NO. 01-4281) ADOPTED (AGENDA ITEM III-B) #1 (0593) through (0736) 1. Adoption Re: Proposed Resolution No. 01R-1326, affirming that Renaissance Manor, Inc. proposes to renovate housing for the mentally disabled for low and very low income persons and that such project is consistent with the local plans and regulations of the City (Title Only) 2. Adoption Re: Proposed Ordinance No. 01-4281, amending Chapter 2, Article V, Division 5, Section 2-309, Jurisdiction, of the Sarasota City Code (1986 as amended) (City Code), to provide for jurisdiction and authority of the Code Enforcement Special Master over violations of Chapter 33, Article X, pertaining to the towing of vehicles; creating Chapter 33, Traffic and Motor Vehicles, Article X, Towing of Vehicles, of the BOOK 48 Page 20350 12/04/00 6:00 P.M. BOOK 48 Page 20351 12/04/00 6:00 P.M. City Code, to provide for definitions; providing for compliance; providing for exemptions; prohibiting rebates; establishing maximum rates for towing; requiring a written agreement between the owner of real property and a wrecker prior to towing; providing for the minimum requirements for such agreements; establishing requirements for prompt post towing notification to the Sarasota Police Department, for storage and for record keeping; providing for penalties for violation; repealing ordinances in conflict; providing for the severability of the parts hereof (Title Only) City Auditor and Clerk Robinson read proposed Resolution No. 01R-1326 and proposed Ordinance No. 01-4281 by title only. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 and 2. Vice Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Mason, yes; Quillin, yes; Cardamone, yes; Hogle, yes. Mayor Pillot requested 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. Vice Mayor Hogle requested that City Attorney Taylor explain the quasi-judicial public hearing process. City Attorney Taylor stated that during the quasi-judicial public hearings, the Commission will be required to base any decision on competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex parte communications concerning the subject property; that recommendations for time limits for the quasi-judicial public hearings will be made at the appropriate time; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and the opportunity for cross-examination. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. QUASI-JUDICIAL PUBLIC HEARING RE: : PROPOSED RESOLUTION NO. O0R-1293, GRANTING VARIANCES FROM THE REGULATIONS AS TO DOCKS SET FORTH IN SECTION VII-1302, ZONING CODE, FOR TWO (2) DOCK EXTENSIONS PROPOSED TO BE CONSTRUCTED IN THE MARINE PARK (MP) ZONE DISTRICT ADJACENT TO GOVERNMENTAL USE (G) ZONED PROPERTY, SAID G ZONED PROPERTY BEING LEASED TO THE SARASOTA SAILING SQUADRON, INC., A FLORIDA NOT - FOR- - PROFIT CORPORATION, WITH THE LEASEHOLD BEING LOCATED AT 1717 KEN THOMPSON PARKWAY; SAID VARIANCES PERTAINING TO MAXIMUM DOCK LENGTH, MAXIMUM WATER DEPTH REACHED BY DOCKS AND TOTAL AREA OF DOCKS FOR TWO (2) PROPOSED DOCK EXTENSIONS PROPOSED TO BE CONSTRUCTED WITHIN THE OPEN WATERS OF SARASOTA BAY IN THE MARINE PARK (MP) ZONE DISTRICT WITHIN AND ADJACENT TO GOVERNMENTAL USE (G) ZONED PROPERTY, AS DESCRIBED IN VARIANCE APPLICATION 00-25; DESCRIBING TERMS AND CONDITIONS OF THE VARIANCES; ETC. (TITLE ONLY) (APPLICATION NO. 00-25, APPLICANT SARASOTA SAILING SQUADRON, INC.) - ADOPTED (AGENDA ITEM IV-B-1) #1 (0736) through (1107) City Attorney Taylor stated that proposed Resolution No. O0R-1293 regarding Variance Application No. 00-25 pertains to two proposed dock extensions in the Marine Park (MP) Zone District adjacent to property in the Governmental Use (G) Zone District leased to the Sarasota Sailing Squadron (sSS) at 1717 Ken Thompson Parkway; that the applicant is Stanhope Tignor, NCARB, The Tignor Group, P.A., agent for the SSS. City Attorney Taylor continued that the recommendation is to allow 10 minutes for the Applicant 's presentation and 5 minutes for rebuttal; that the City will have 10 minutes for presentation and 5 minutes for rebuttal; that no one has filed for certification as an Affected Person. Vice Mayor Hogle stated that hearing the Commission's agreement, the time limits are approved. Vice Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Cardamone stated that the SSS has been visited; that the area for the proposed dock extensions was reviewed. BOOK 48 Page 20352 12/04/00 6:00 P.M. BOOK 48 Page 20353 12/04/00 6:00 P.M. Vice Mayor Hogle stated that the SSS and existing docks were visited 6 months ago. Commissioner Quillin stated that a presentation by the SSS was previously given to the Commission. Commissioner Mason stated that no ex parte communications have occurred. Vice Mayor Hogle opened the public hearing and requested that the Applicant come forward. Stanhope Tignor, NCARB, The Tignor Group, P.A., Architects & Engineers, John Mackay, Commodore, SSS, and Pat Murphy, Director, SSS, came before the Commission. Mr. Tignor stated that the SSS requests approval of Variance Application No. 00-25 to permit construction of two proposed dock extensions in the MP Zone District adjacent to property in the G Zone District leased to the SSS at 1717 Ken Thompson Parkway; that the existing docks require extension to support safe usage of Sarasota Bay by sailors. Mr. Murphy stated that the dock extensions will facilitate launching at the SSS boat ramp, allowing boats to move in and out for regattas and weekend races; that the dock extensions will permit safe sailing out of the area during easterly wind gusts which is currently dangerous and causes property damage to boats; that an ever-increasing program, with sailing alternatives services the handicapped; that sailing is taught in a sailing program with the American Red Cross; that all participants will benefit by the dock extensions. Mr. Tignor stated that approval of Variance Application No. 00-25 is in the public's interest and of benefit to the City and larger community by expanding access to the water by citizens who choose to sail; that the enhancement in the use of the Bayfront is in the interest of the public. Vice Mayor Hogle requested that Staff come forward for the City's presentation. Timothy Litchet, Director of Building, Zoning and. Code Enforcement, came before the Commission and stated that two criteria should be considered in granting Variance Application No. 00-25: 1) the minimum variance to make possible the reasonable use of the property and 2) any detriment to the neighborhood or public welfare; that the Commission has jurisdiction concerning Variance Application No. 00-25 due to the site's location in the MP Zone District adjacent to property in the G Zone District; that Section III-101 (J) (1), Zoning Code (1998), as Eollows provides the Commission the power and authority to consider Variance Application No. 00-25: The City Commission shall have the following powers and duties: J. To grant variances from the terms of this Zoning Code pertaining to the following: 1. Construction of docks in the Marine Park (MP) zone adjacent to G Zoned property Mr. Litchet continued that Variance Application No. 00-25 has been filed by the SSS and concerns maximum dock length, maximum water depth reached by dock, and total area of dock for two proposed dock extensions within and adjacent to the leasehold; and referred to the October 27, 2000, Memorandum to the Commission included in the Agenda backup materials outlining the criteria for consideration by the Commission concerning Variance Application No. 00-25 as follows: 1. Is the variance requested the minimum variance that will make possible the reasonable use of the land? 2. Will the variance be detrimental or in any way injurious to the neighborhood or public welfare? Mr. Litchet continued that proposed Resolution No. O0R-1293 grants the variance subject to conditions including final approval of proposed Resolution No. O0R-1292 regarding Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 and final approval of the proposed Second Amendment to the Lease Agreement. Vice Mayor Hogle stated that no interested persons have signed up to speak. Vice Mayor Hogle stated neither the Applicant nor the City has any rebuttal. BOOK 48 Page 20354 12/04/00 6:00 P.M. BOOK 48 Page 20355 12/04/00 6:00 P.M. Vice Mayor Hogle requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1293 by title only. Commissioner Cardamone asked for clarification of the action necessary to approve the request. City Attorney Taylor stated that two conditions should be incorporated in a motion to adopt proposed Resolution No. OOR-1293: 1. Final approval of Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 to allow the leasehold use requested by SSS by the adoption of Resolution No. O0R-1292 under Agenda Item VI-1 and 2. Final approval of the proposed Second Amendment to the Lease Agreement between the City and SSS under Agenda Item VI-2. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to adopt proposed Resolution No. O0R-1293 subject to the following conditions : 1. Final approval of Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 to allow the leasehold use requested by SSS by the adoption of Resolution No. O0R-1292 under Agenda Item VI-1 and 2. Final approval of the proposed Second Amendment to the Lease Agreement between the City and SSS under Agenda Item VI-2. Vice Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 10. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4266, TO AMEND ORDINANCE NO. 87-3130 BY REVISING THE USE RESTRICTIONS SET FORTH IN REZONE ORDINANCE NO. 87-3130 TO ALLOW ADDITIONAL COMMERCIAL USES ON THE PROPERTY ZONED COMMERCIAL INTENSIVE (CI) LOCATED AT 3333 NORTH WASHINGTON BOULEVARD; SAID PROPERTY CONSISTING OF +1.05 ACRES GENERALLY LOCATED ON THE WEST SIDE OF NORTH WASHINGTON BOULEVARD BETWEEN 33RD AND 34TH STREETS A/K/A VISION PLAZA; ETC. (TITLE ONLY) (APPLICATION NO. 00-RE-16, APPLICANT JACK BODZIAK, ARCHITECT REPRESENTING RODNEY DESSBERG, OWNER) POSTPONED FIRST READING UNTIL CONDITIONS REGARDING FENCE REPLACEMENT ARE MET (AGENDA ITEM IV-B-2) #1 (1107) through (1917) City Attorney Taylor stated that proposed Ordinance No. 00-4266 pertains to Application No. 00-RE-16 concerning property located at 3333 North Washington Boulevard a/k/a Vision Plaza and amends Ordinance No. 87-3130 by adding additional uses; that the recommendation is to allow 7 minutes for the Applicant 's presentation and 5 minutes for rebuttal; that the City will have 7 minutes for presentation and 5 minutes for rebuttal; that no one has filed certification as an Affected Person; that other interested persons will have 5 minutes to speak. Vice Mayor Hogle stated that hearing the Commission's agreement, the time limits are approved. Vice Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Vice Mayor Hogle, and Commissioners Cardamone, Mason, and Quillin stated that no ex parte communications have occurred. Vice Mayor Hogle opened the public hearing and requested that the Applicant come forward. Jack Bodziak, Architect, AIA, agent for Ronald Dessberg, owner, came before the Commission and stated that Rezoning Application No. 00-RE-16 was presented at the September 5, 2000, Regular Commission meeting at which time the proffer to eliminate certain uses on the property was approved; however, some uses were inadvertently overlooked by the Applicant; that two additional uses which are inappropriate for the site were proffered out; that the request is the commercial use restrictions approved by Ordinance No. 87-3130 be amended to allow for additional commercial uses; that the property owner was instructed to replace the fence at the rear of the property by second reading of Ordinance No. 87-3130; that the fence was repaired rather than replaced; that Staff or the Commission can decide if replacement of the fence is a concern; that the fence is visually acceptable after having been painted and repaired. BOOK 48 Page 20356 12/04/00 6:00 P.M. BOOK 48 Page 20357 12/04/00 6:00 P.M. Vice Mayor Hogle requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that the Commission held a public hearing at the September 5, 2000, Regular Commission meeting to consider proposed Ordinance No. 00-4266, which was passed on first reading; that subsequently, the Applicant requested approval of additional permitted commercial uses on the subject property which were inadvertently omitted from the original request regarding permitted uses; that the modification of Application No. 00-RE-16 was referred to the Planning Board/Local Planning Agency (PBLP) for a subsequent public hearing, which was held at the November 1, 2000, Regular PBLP Meeting; that the PBLP found Application No. 00-RE-16 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the standards for review set forth in the Zoning Code (1998), and recommended Commission approval; that the list of requested commercial uses began as a larger list than currently presented; that some uses were removed based upon the requirements concerning traffic concurrency and a traffic study; that the Applicant voluntarily removed some uses; that three other uses were removed, two of which were at the recommendation of Staff: 1) warehouse and distribution and 2) - wholesale facility; that the requirement for no outdoor storage on the site was already accepted by the Applicant; that the Applicant amended the proffer to remove the two uses; that the PBLP expressed concern and requested outdoor recreational facilities be removed; that the final list of requested additional commercial uses is indicated in Section 3 (b) of proposed Ordinance No. 00-4266 as follows: newspaper, magazine or tobacco store; office, business or professional; office equipment sale, lease and service; recreational facilities commercial (indoor); upholstery and furniture repair shop; variety retail; variety, sundry or candy store; and video, movie store (non-adult) Ms. Murphy continued that these commercial uses are in addition to the commercial uses previously incorporated in Section 3 (b) of proposed Ordinance No. 00-4266 as follows: adult day care; alarm system; security operation office; antique store; apparel/clothing store; appliance and household equipment sales, lease or service; art framing gallery; art or craft supplies, retail; carpet or flooring retail sales; church/synagogue, colleges and universities; contractor, tradesman shop office (limited) ; employment office (excluding employment offices serving day laborers) i essential governmental services; florists, plant or gift shop; furniture sales; garden center or plant nursery (without outside bulk material storage) i locksmith; music store; newspaper office (without printing services) Ms. Murphy further stated that the fence has been a concern throughout Staff's review of the project; that the fence should be replaced as determining which sections are damaged is not possible; that two homes are located adjacent to the fence; that the neighborhood has kept in contact with Staff to ensure compliance with the condition to replace the fence. Commissioner Quillin stated that the fence has been repaired rather than replaced; that some of the main pilings are not in good condition; that agreement is expressed with Staff's recommendation to require replacement of the fence. Ms. Murphy stated that Staff has visited the property several times concerning outdoor storage, portions of the fence, and dumpster issues. Commissioner Cardamone stated that the PBLP imposed a requirement to replace and maintain the fence as a condition of approval at its August 2, 2000, Regular meeting; that the Commission also indicated a condition of approval of proposed Ordinance No. 00-4266 is construction of a new fence; that the Applicant is asking consideration from the City; that the City imposed conditions which have not been met; that proposed Ordinance No. 00-4266 should not be considered until the fence is replaced. City Attorney Taylor stated that replacement of the fence is a requirement prior to adoption of proposed Ordinance No. 00-4266 on second reading; that the proposed ordinance cannot be adopted until the fence is replaced. Commissioner Cardamone asked the reason the fence has not been replaced? Mr. Bodziak stated that the failure to replace the fence was unknown until the PBLP indicated the fence was not replaced; that holding the owner responsible for replacing the fence prior to second reading is acceptable; that the owner believed the BOOK 48 Page 20358 12/04/00 6:00 P.M. BOOK 48 Page 20359 12/04/00 6:00 P.M. repainting and repair of the fence would be acceptable; that the requirement for replacement of the fence was understood; that the fence will be replaced if the PBLP or Commission finds repair unacceptable. Commissioner Quillin stated that the property is disappointing; that dumpster, trash, and landscaping problems have increased; that the shopping center is nice; however, the concern is of future disarray in the area; that some requested new uses such as a variety retail may be inappropriate for the neighborhood; however, developing the area is not a problem and is desired by the neighborhood. Mr. Bodziak stated that the Applicant's intention was not to lessen the cost of replacement of the fence; that the fence will be replaced. Vice Mayor Hogle stated that the Applicant and the Applicant 's representative have developed good projects in the City; that other projects are also currently under construction. Mr. Bodziak stated that the City has been a place of business for almost 40 years without a problem; that the September 15, 2000, letter from Staff concerning replacement of the fence helped the situation with the owner; that the fence will be replaced. Commissioner Cardamone asked if a history of code violations exists concerning the property? Mr. Litchet stated that the property has had previous code violations; that trash was noted on the property during the fence inspection; that the owner was issued a citation; that the agent has been kept informed of the code violations throughout the process; that a notice has been previously issued; that repeat citations will be issued if necessary; that the owner should maintain the property; that the owner has a history of code violations with the City. Commissioner Cardamone stated that the owner committed to maintaining the property and replacing the fence in September 2000; that the definition of the use of "recreational facilities commercial (indoor) I is unknown; that "recreational facilities commercial (indoor) T is of more interest than "variety retail" concerning the impact on the neighborhood; and asked for an explanation of the types of uses which could occur in a "recreational facility commercial (indoor)," specifically regarding bingo parlors and pool rooms? Ms. Murphy stated that a "recreational facility commercial indoor" use would include a roller or ice rink, a bowling alley, a billiard hall, darts, an amusement arcade, swimming pools, hard and soft tennis courts, or miniature golf; that the property would be eligible to apply for conditional use for bingo but must return to the Commission for approval. Commissioner Quillin asked if bingo was the use not desired by the neighborhood and brought to the attention of Commission? Ms. Murphy stated that the Commission shared the concern of a neighbor who brought the issue of bingo to the Commission. Commissioner Cardamone stated that proposed Ordinance No. 00-4266 should not be passed on first reading due to the history of the property; that the desire is to ensure the fence is in compliance, the property is clean, and the recreational uses are eliminated from the list before proceeding with the proposed ordinance as presented. Commissioner Mason asked if a time limit is established? Commissioner Cardamone stated no. Vice Mayor Hogle stated that no other interested persons have signed up to speak. Vice Mayor Hogle stated neither the Applicant nor the City has any rebuttal. Vice Mayor Hogle requested Commissioner supplemental remarks, if any, and hearing none, closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4266 by title only. City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial proceedings; however, the Commission may pass, pass with modifications, or deny proposed Ordinance No. 00-4266 on first reading to allow the amended uses requested by the Applicant and as further conditioned by the PBLP. BOOK 48 Page 20360 12/04/00 6:00 P.M. BOOK 48 Page 20361 12/04/00 6:00 P.M. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to remove the commercial use of recreational facilities commercial (indoor) from proposed Ordinance No. 00-4266. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. City Attorney Taylor stated that some findings in the record should be established to indicate the use is incompatible with the neighborhood. Commissioner Quillin stated that testimony from the neighborhood has been presented indicating the use is nappropriate in the neighborhood due to the high statistical crime rate resulting from such uses. City Attorney Taylor stated that any motion should reflect the desire of the Commission to delay consideration of proposed Ordinance No. 00-4266 until after the fence is replaced; that the proposed ordinance should return to the Commission.: after the fence is replaced; that the fence is the focal point; that other issues will be resolved though code enforcement. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to postpone first reading of proposed Ordinance No. 00-4266 until the condition regarding the replacement of the fence is met. Motion carried unanimously (4 to 0) : Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. Commissioner Cardamone stated that the desire is for a nice project in the area and to support the improvements of the propertyi however, the owner is responsible for meeting the conditions the PBLP and the City imposed in development of the property. Vice Mayor Hogle agreed. 11. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 01-4283, AMENDING ORDINANCE NO. 00-4199 TO REFLECT THE APPROVAL AND SUBSTITUTION OF THE REVISED SITE PLAN SUBMITTED WITH APPLICATION 00-SP-34 FOR THE PREVIOUSLY APPROVED SITE PLAN SUBMITTED WITH APPLICATION 99-SP-10; SAID SITE PLANS PERTAINING TO THE EXPANSION AND RENOVATION OF THE RADISSON LIDO BEACH RESORT AT 700 BENJAMIN FRANKLIN DRIVE; ETC. (TITLE ONLY) (APPLICATION NOS. 00-ROA-01, AND 00-SP-34, APPLICANT CALPAC, INC., AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #1 (1917) through (2783) City. Attorney Taylor stated that proposed Ordinance No. 01-4283 pertains to Rezone Ordinance Amendment Application No. 00-ROA-01 and Site Plan Application No. 00-SP-34 concerning property located at 700 Benjamin Franklin Drive, a/k/a the Radisson Lido Beach Resort; that the applicant is Calpac, Inc., owner; that Site Plan Application No. 00-SP-34 concerns adding screening material in place of cantilevered planters in the parking garage; that the recommendation is to allow 7 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 7 minutes for presentation and 5 minutes for rebuttal; that other interested persons will have 5 minutes to speak; that no one has filed for certification as an Affected Person. Vice Mayor Hogle stated that hearing the Commission's agreement, the time limits are approved. Vice Mayor Hogle requested that Commissioner ex parte communications, if any, be disclosed. Commissioner Cardamone stated that a presentation regarding the Radisson Lido Beach Resort and the impact on the City's economy and the manner in which some renovations and partial closures have been resolved was presented at the Tourist Development Council meeting in November 2000; that discussion concerning changes in the site plan was not conducted. Vice Mayor Hogle and Commissioners Mason and Quillin stated that no ex parte communications have occurred. Vice Mayor Hogle opened the public hearing and requested that the Applicant come forward. Christopher Brown, Vice President, Calpac, Inc., which owns the Radisson Lido Beach Resort, and Doug Watters, Architect, Tichenor Group, came before the Commission. Mr. Brown stated that approval is requested for revisions to Site Plan Application No. 00-SP-34 to allow screening material in place of cantilevered planters on the façade of the parking garage under construction at the Radisson Lido Beach Resort. BOOK 48 Page 20362 12/04/00 6:00 P.M. BOOK 48 Page 20363 12/04/00 6:00 P.M. Mr. . Brown referred to two displayed architectural drawings of the Radisson Lido Beach Resort, indicated the planters in the drawings, and stated that the request is to change the original site plan which included cantilevered planters; that incorporating cantilevered planters was recognized as a mistake after Site Plan Application No. 00-SP-34 was submitted; that as an example, the planters on the County parking garage located on Ringling Boulevard are being removed due to difficulty of maintenance; that the neighbors of the Radisson Lido Beach Resort were invited to attend an unofficial neighborhood meeting in which the consensus was the revised site plan is better than the original; that the differences between the site plans are: the planters are removed, the opening is minimized to 43 inches to obstruct view of vehicles, and a 72-percent air-flow screen has been added; that 12 more palm trees have also been added to screen the area. Mr. Watters stated that a client has never focused as much attention on detail as the Radisson Lido Beach Resort during 18 years of employment with the Tichenor Group; that meetings to discuss minor details concerning the Radisson Lido Beach Resort have been held; that the mold and dead plants at the County parking garage were discussed; that the Radisson Lido Beach Resort parking garage is twice the size of the County parking garage and would have twice the mold and dead plants on the exterior if the planters were utilized; that maintaining the plants will be difficult; that the Radisson Lido Beach Resort is a high-quality hotel and cannot be aesthetically displeasing. Vice Mayor Hogle asked if the upper penthouse is smaller in the revised site plan? Mr. Watters stated no; that the top portion of the building was originally encased in glass; that the change was made to keep the area open. Vice Mayor Hogle requested that Staff come forward for the City's presentation. Karin Murphy, Senior Planner II, Planning and Development Department, came before the Commission and stated that proposed Ordinance No. 01-4283 amends Ordinance No. 00-4199 by substituting a revised site plan for previously approved Site Plan Application No. 00-SP-10; that Site Plan Application No. 00-SP-34 incorporates screening material in place of cantilevered planters proposed in Site Plan Application No. 00-SP-10 on the façade of the parking garage at. the Radisson Lido Beach Resort; that the proposed changes to the exterior design of the parking garage constitute a major change to Site Plan Application No. 00-SP-10 as specified in the Zoning Code (1998); that the Planning Board/Local Planning Agency (PBLP) held a public hearing to consider Rezone Ordinance Amendment Application No. 00-ROA-01 and Site Plan Application No. 00-SP-34 at the November 1, 2000, Regular PBLP meeting and recommends Commission approval subject to the conditions set forth in proposed in proposed Ordinance No. 01-4283. as follows: (a) construct a public beach access ramp approximately 125 feet long within the Cleveland Drive right-of-way from the end of the existing - shell drive to the right-of-way to the beach (b) Design, construction and perpetual maintenance of the proposed public beach access walk-over in the Cleveland Drive right-of-way shall be the responsibility of the Applicant of its successors in interest (c) Applicant and City shall enter into a maintenance agreement providing that Applicant shall have responsibility for maintenance and repair of the beach access ramp to be constructed in the City right-of-way. (d) Site, development and construction plans shall be in compliance with the plans dated May 30, 2000, and received by the Planning Department on October 23, 2000 (e) The "Sunset Garden Observation Deck" depicted on Sheet A-6 of the plans submitted with Application 99-RE-09. shall not be used as an outdoor restaurant or and outdoor bar as those terms are defined in the City of Sarasota Zoning Code (1998 Edition). (f) The improvements to be constructed on the subject property and within the public right of way shall be designed sO that a minimum of 17 on-street parking spaces remain on Cleveland Drive after the proposed addition to the hotel is completed and sO that two additional public parking spaces may be provided on Ben Franklin Drive. Ms. Murphy continued that proposed Ordinance No. 01-4383 is the first rezone ordinance amendment considered by the Commission; that more rezone ordinance amendments will be presented in the BOOK 48 Page 20364 12/04/00 6:00 P.M. BOOK 48 Page 20365 12/04/00 6:00 P.M. future based upon the amount of development permitted by the City over the last few years; that Staff met with Staff of the City Attorney's Office to discuss the best manner in which to balance the rezoning process and the public's ability to comment concerning the significant change; that Applicants have been required to return to the Commission with changes deemed major revisions in the past; that future Staff reports will focus on the element of concern; that the removal of the cantilevered planters is the focus of proposed Ordinance No. 01-4283; that some controversy exists regarding construction of a larger parking garage in the area; that a major focal point in the presentation was the planters and the hanging vegetation which would screen the parking structure and provide a more residential character. Ms. Murphy further stated that the Applicant filed the request to remove the planters; that Staff determined the revision is major and subject to presentation to the Commission; that the positives and negatives of both designs are indicated in the Staff report included in the Agenda backup material; that maintenance is an issue as the Applicant would be required to maintain the planters; that some planters in other areas of the City are aesthetically pleasing and can be maintained; however, the commitment to maintain the planters can be a burden on the Applicant; that neighborhood written comments and correspondence received by Staff are also included in the Agenda backup material; that a comment from the Sarasota Police Department (SPD) which reviews applications for adherence to Crime Prevention Through Environmental Design (CPTED) principles indicates parking garages are dangerous in general; that the concern is the ability to see into the parking garage; that the planters allow more visibility than dark screening material; that the CPTED principles are suggestions and not mandated by the Zoning Code (1998); that the Radisson Lido : Beach Resort indicated the structure will be monitored by video surveillance; that removal of the planters is at the discretion of the Commission. Vice Mayor Hogle requested that other interested persons come forward; and the following interested persons came before the Commission: Ron Real, 800 Ben Franklin Drive #202 (34236), stated that the Radisson Lido Beach Resort is a considerate neighbor; that the structure was viewed as aesthetically pleasing after examining the renderings; that the problems of the structure were discussed; that. the planters are a concern; that rust runs down sides of the County parking garage; that the garage portion of the building is the view from the personal second-floor residence; that seeing rust on the side of the Radisson Lido Beach Resort is undesirable; that the Radisson management will resolve any maintenance problems if - necessary; that a meeting was held at Lido Ambassador Condominiums in August 2000; that the condominiums on Lido Beach are sparsely occupied in the summer months; that 36 people attended the meeting at which the Radisson management and contractor answered questions; that a question was raised concerning the impact of headlights from vehicles using the parking lot on neighboring buildings; that the screening would diffuse the headlights and was accepted by the residents; that the security measures were also discussed and should not enter into the decision concerning the appropriateness of the screening; that the police will have difficulty seeing past the first floor regardless; that diffusing the headlights is more important; that watching the construction of the Radisson Lido Beach Resort has been magnificent even though the building blocks the view of the beach; that no one believed the lot would remain empty; that the Radisson management is appreciated for considering neighbors' opinions and resolving neighbors' concerns. Henk Mastenbroek, 1510 North Palm Avenue (34236), stated that a position was held on the original design team for the Radisson Lido Beach Resort; that the planters above the parking garage are a necessity; that the parking garage was previously referenced as the "Gardens of Babylon"; that the planters cost $350,000 and were not included in the design without purpose; that the planters provide a beautiful relief for the building and create a shadow for the building; that eliminating the planters is a disaster; that the difficulty in maintaining the plants is not understood; that bay windows reach a height of 120. feet and are maintained and cleaned; that the reasons for eliminating the planters have not been heard; that elimination of the planters is strongly objectionable as the designer of the building; that the owner of the building does not live in the City; that the citizens of the City will be the ones living with the building; that removal of the planters is not an improvement but rather a means to save money and removes an important design feature which is not a frill. Vice Mayor Hogle requested that the Applicant come forward for rebuttal. Mr. Brown stated that the services of Mr. Mastenbroek were terminated from the project; that the advantages of removing the planters is obvious. BOOK 48 Page 20366 12/04/00 6:00 P.M. BOOK 48 Page 20367 12/04/00 6:00 P.M. Mr. Watters stated that removal of the planters is a cost savings; however, the main concern is the ability to grow plants successtully, that the desire is to not make a costly mistake. Commissioner Quillin stated that the planters on the County parking garage face north which causes difficulty in plant growth; that the Radisson Lido Beach Resort faces east; however, growing plants in salt air is difficult; that the new look of the building is Cleaner and is supported; that the CPTED issue is not a concerni that the Radisson Lido Beach Resort is responsible for security which is typically a key factor to hotels in the area; that the change is acceptable. Mr. Brown stated that the parking garage has 24-hour video surveillance and security and is designed to accommodate 80 percent valet parking; that only patrons who do not wish valet service will be required to walk in the parking garage. Vice Mayor Hogle stated that the City has no rebuttal; requested Commissioner supplemental remarks, if anyi and hearing none, Closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4283 by title only. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to pass proposed Ordinance No. 01-4283 on first reading. Vice Mayor Hogle requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): : Cardamone, yes; Hogle, yes; Mason, yes; Quillin, yes. 12. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #1 (2783) through (3071) The following persons came before the Commission: Rita Roehr, 3740 Glen Oaks Manor (34232), stated that an application has been filed to build a 60-foot structure 15 feet from the Bayfront on a designated outstanding Florida water, which is 35 feet Closer to the water than any other applicant has ever constructed a building; that the appliçant also requested an exception to the requirement for 450 parking spaces; that approval by Staff, the City's advisory boards, and the Commission for consideration is questionable; that the Commission should be committed to the environment Edward Harding, Engineer, 2171 Wood Street (34237), stated that the Commission intends to spend $58 million to construct a new bridge; that a suggestion is to construct a pontoon bridge from Bird Key to the mainland as was done in World War II (WWII) to cross the Rhein River to meet the Russians; that the $500,000 in legal costs incurred by the City in contesting the bridge could have been used to purchase all the parts required to repair the John Ringling Causeway Bridge, which would last another 25 years; that a dozen bridges exist across the Chicago River in Chicago, Illinois; that only one bridge has been out of service, which lasted only for one night; that the Administration should be able to identify an engineer who can locate parts required to construct a pontoon bridge with a swing section which can be opened and closed for the passing of small boats; that pontoon bridges were used in Europe in WWII and can be used in the City; that the John Ringling Causeway Bridge works well; that the desired passing lane, walkways, and breakdown lanes. are unnecessary; that a tow truck can be placed on both ends of the bridge to remove obstructions. 13. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESODUTION NO. O0R-1292, TO APPROVE MAJOR CONDITIONAL USE APPLICATION 00-CU-06 AND SITE PLAN APPLICATION 00-SP-28 TO ALLOW A LEASEHOLD USE IN THE GOVERNMENTAL USE (G) ZONE DISTRICT CONSISTING OF THE EXTENSION OF TWO (2) DOCKS IN THE MARINE PARK (MP) ZONE DISTRICT ADJACENT TO GOVERNMENTAL USE (G) ZONED PROPERTY; ; SAID MAJOR CONDITIONAL USE IS PROPOSED TO BE LOCATED WITHIN THE WATERS ADJACENT TO KEN THOMPSON PARK WITHIN AND ADJACENT TO THE LEASEHOLD LOCATED AT 1717 KEN THOMPSON PARKWAY; SAID LEASEHOLD BEING OWNED BY THE CITY OF SARASOTA AND LEASED TO THE SARASOTA SAILING SQUADRON, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION; ETC. (TITLE ONLY) (APPLICATION NOS. 00-CU-06 AND 00-SP-28, APPLICANT SARASOTA SAILING SQUADRON, INC., AS TENANT) - ADOPTED (AGENDA ITEM VI-1) #1 (3071) through (3341) City Manager Sollenberger stated that proposed Resolution No. O0R-1292 regarding Major Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 pertains to approval of the request of the Sarasota Sailing Squadron (SSS) for a leasehold use consisting of the extension of two docks in BOOK 48 Page 20368 12/04/00 6:00 P.M. BOOK 48 Page 20369 12/04/00 6:00 P.M. the Marine Park (MP) Zone District adjacent to property in the Governmental Use (G) Zoned District. Harvey Hoglund, Senior Planner II, Planning and Development Department, came before the Commission and stated that Major Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 as incorporated in proposed Resolution No. O0R-1292 is to permit expansion of a leasehold use consisting of two dock extensions in the MP Zone District within and adjacent to the leasehold; that the Planning Board/Local Planning Agency (PBLP) held a public hearing to consider Major Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28 at the November 1, 2000, Regular PBLP Meeting and recommends Commission approval; that adoption of proposed. Resolution No. O0R-1292 affirms the PBLP's recommendation and sets forth the conditions recommended by the PBLP which include final approval by the Commission of Variance Application No. 00-25 previously considered under Agenda Item IV-B-1 and approval by the Commission of the proposed Second Amendment to the Lease Agreement under Agenda Item VI-2; that the Commission has approved Variance Application No. 00-25 which covers one aspect of the proposal; that requirements of the Zoning Code (1998) concerning the standards for general conditional use approval, the specific standards for conditional uses in the MP Zone District, the standards concerning docks specifically the length and total area of the dock, and the site plan review process are applicable and are detailed in the Agenda backup material; that the PBLP incorporated certain conditions in proposed Resolution No. O0R-1292 to ensure the variances and the amendment to the lease agreement were approved by the Commission as follows: (a) The extensions proposed for Docks A and B shall be located and constructed in accordance with Site Plan 00-SP-28 (b) Final approval by the City Commission of Variance Application 00-25 by the adoption of Resolution No. 00-1293 (c) Final approval by the City Commission of the proposed Second Amendment to Lease Agreement between the City of Sarasota and the Sarasota Sailing Squadron, Inc., including revocation of any authority granted..to add 15 slips (d) Special Exception 96-SE-09 shall retain its status as a special exception granted pursuant to the Zoning Code (1974 ed.) in accordance with Section I-105, (D), Zoning Code (1998 ed.) (e) shall not become effective.unless the Second Amendment to Lease Agreement between the City of Sarasota and the Sarasota Sailing Squadron, Inc. is finally approved by the City Commission and Resolution No. O0R-1293 is finally adopted by the City Commission to approve Variance Application 00-25. Mr. - Hoglund continued that the permits from the State and Federal Governments have been obtained and include specific conditions concerning construction and operation. City Auditor and Clerk Robinson read proposed Resolution No. O0R-1292 by title only. Vice Mayor Hogle asked for clarification of an appropriate motion to approve Resolution No. O0R-1292. City Attorney Taylor stated that approval of proposed Resolution No. O0R-1292 should be subject to final approval of the Second Amendment to the Lease Agreement. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to adopt Resolution No. OOR-1292 subject to final approval of the proposed Second Amendment to the Lease Agreement between the City and the Sarasota Sailing Squadron, Inc. Vice Mayor Hogle requested City Auditor and Clerk Robinson to proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Mason, yesi Quillin, yes; Cardamone, yes. 14. UNFINISHED BUSINESS: APPROVAL RE: : SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE SARASOTA SAILING SQUADRON, INC. APPROVED (AGENDA ITEM VI-2) #1 (3341) through (3435) City Attorney Taylor stated that the item pertains to approval of the Second Amendment to the Lease Agreement between the City and the Sarasota Sailing Squadron (SSS), which provides for the City's consent as Landlord to the construction of two proposed dock extensions by the SSS as requested by Major Conditional Use Application No. 00-CU-06 and Site Plan Application No. 00-SP-28; that the previous authorization from the City in the capacity of BOOK 48 Page 20370 12/04/00 6:00 P.M. BOOK 48 Page 20371 12/04/00 6:00 P.M. Landlord to permit extension of the existing dock to add 15 boat slips will be revoked; that the proposed expansion is in compliance with the Americans with Disabilities Act (ADA) ; that insurance requirements are being updated; that safeguards concerning approvals from other permitting authorities are incorporated; that the Tenant will be required to submit to the City evidence of any and all approvals from the State necessary for construction as a portion of the proposed dock extension will extend beyond the boundaries of the Leasehold. City Manager Sollenberger stated that the Administration recommends approving the Second Amendment to the Lease Agreement as Resolution No. O0R-1293 was adopted under Agenda Item IV-B-1 and Resolution No. OOR-1292 was adopted under Agenda Item VI-1. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to approve the Second Amendment to the Lease Agreement. Motion carried unanimously (4 to 0): : Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. 15. UNFINISHED BUSINESS: DISCUSSION RE: SARASOTA COUNTY AREA TRANSIT (SCAT) INTERMODAL TRANSFER FACILITY CITY AND COUNTY STAFFS WILL CONTINUE NEGOTIATIONS AND A JOINT CITY AND COUNTY COMMISSION WORKSHOP WILL BE SCHEDULED (AGENDA ITEM NO. VI-3) #1 (3435) through 2 (0184) City Manager Sollenberger referred to a copy of a December 4, 2000, electronic correspondence contained in the Agenda backup material received from the County Administrator suggesting a County and City Commissioner participate in discussions with Staff concerning the Sarasota County Area Transit (SCAT) Intermodal Transfer Facility; and stated that the Sarasota Board of County Commissioners is in support of the site selected for the SCAT Intermodal Transfer Facility; that a split vote was received from the City Commission; that proceeding with the discussions should be supported by a majority of the Commission; that the City's commitment in negotiating a deal concerning the SCAT Intermodal Transfer Facility has been heard as a concern; that the Administration will follow the Commission's direction to support the SCAT Intermodal Transfer Facility; that Commission participation is supported but should be carefully considered due to the Commission's 3-2 vote concerning the selection of the Lemon Avenue site; and asked if the Commission would like to participate in discussions between City and County Staff? Vice Mayor Hogle stated that a short conversation was held with a County Commissioner who indicated a willingness to serve on a committee which will work toward an agreement; that a personal willingness exists to serve on the committee as a representative of the City; that placing a City Commissioner on the committee allows the possibility and opportunity for the SCAT Intermodal Transfer Facility to move forward. Commissioner Cardamone stated that the City Commission agreed with selection of the Lemon Avenue site with some conditions after having opposed the site for yearsi that the solution is clear; that either the County meets the conditions imposed or the SCAT Intermodal Transier Facility should not be built at the Lemon Avenue site; that a City Commissioner should not negotiate the development of the SCAT Intermodal Transfer Facility. Vice Mayor Hogle stated that the discussion does not concern negotiations; that negotiations are not involved in the scope of the proposed committee; that the conditions imposed by the City Commission are not negotiable; that the proposed committee will help facilitate the development of business projects; that the objective is to create projects which are fiscally conservative and aesthetically pleasing for the community; that the City should work with the County to help formulate the project rather than receive a concept from the County; that the City Commission representative will ensure the decisions of the committee are returned to the Commission. Commissioner Quillin stated that the Commission is unique in also serving as the Community Redevelopment Agency (CRA) i that the property is in the Tax Increment Financing (TIF) District; that the City Commission took action; that the project will be detrimental to the City and County if accomplished as a single project rather than a unified development on the block bordered by First and Second Streets and Lemon and Central Avenues; that the SCAT Intermodal Transfer Facility should be addressed in a joint workshop meeting of the City and County Commissions; that the site selected for the SCAT Intermodal Transfer Facility was not supported; that sending a City Commissioner as a representative to the committee will not be a problem after an agreement is reached; that sending a City Commissioner as a representative is currently not supported. Commissioner Mason stated that the Lemon Avenue site was supported for the SCAT Intermodal Transfer Facility; that the City and County Commissions should hold a joint meeting immediately to BOOK 48 Page 20372 12/04/00 6:00 P.M. BOOK 48 Page 20373 12/04/00 6:00 P.M. resolve the issues; that the concerns should be presented sO the project can move forward. Commissioner Cardamone stated that the Commission is divided concerning the SCAT Intermodal Transfer Facility; that choosing from among Commissioners, some of whom supported and some of whom opposed site selection, is difficult; that the decision cannot be made during the current meeting; that the Lemon Avenue site for the SCAT Intermodal Transfer Facility is not supported for many reasons; that the position will not change; that the area is one of the prime remaining portions of property in Downtown; however, the idea of a joint City and County Commission workshop is supported; that the conditions transmitted to the County for building the SCAT Intermodal Transfer Facility at the Lemon Avenue site were to assure parking spaces are not lost, to involve the Sarasota Police Department as the consultant for Crime Prevention Through Environmental Design Principles, and for the City to have significant input concerning the urban design of the SCAT Intermodal Transfer Facility; that the conditions are clear; that a liaison is not required. City Manager Sollenberger stated that City Staff will continue to work with County Staff to reach a resolution; that a workshop will be scheduled; however, discussions between City and County Staffs should not be delayed for a workshop; that the Staffs should continue to work together which may bring the elements into clearer focus for both Commissions. Commissioner Cardamone requested a concept drawing of the project proposed for the property. The Commission recessed at 7:35 p.m. into a Special meeting of the Community Redevelopment Agency (CRA) and reconvened at 10:15 p.m. 16. CONSENT AGENDA NO. 1: ITEM NO. 2 - REFERRED 2 TO THE ADMINISTRATION TO PLACE ON A FUTURE AGENDA TO FURTHER DISCUSS THE LEGISLATIVE PRIORITIES (AGENDA ITEM III-A ) #2 (0222) through (0445) 2. Approval Re: City of Sarasota Legislative Priorities for 2001 Vice Mayor Hogle stated that Consent Agenda No. 1, Item No.. 2 was removed by Commissioner Quillin as follows: : Commissioner Quillin referred to a document entitled "Year 2001 Legislative Priorities" (Legislative Priorities) in the Agenda backup material and stated that Consent Agenda No. 1, Item No. 2, was pulled as some legislative priorities listed in the Agenda backup material were not discussed by the Commission; and referred to the recommended legislative priority concerning annexation as follows: Annexation: Support efforts that would result in legislative changes which would be beneficial to the County and its Cities and oppose those efforts which do not. The County and it Cities will commence a dialogue to resolve their differences leading to collaborative solutions such as approaches used in Orange and Pinellas Counties. Commissioner Quillin continued that a legislative priority concerning annexation should be discussed before being allowed to proceed and should be coordinated with the Florida League of Cities (FLC); that the understanding is the local legislative delegation will be holding a meeting to discuss legislative priorities in the near future. Vice Mayor Hogle stated that the Manasota League of Cities (MLC) will be holding a meeting in mid-December 2000 to discuss legislative priorities; and asked the Administration's recommendation. City Manager Sollenberger stated that the desire was to have the list of the City's legislative priorities finalized for the planned December 14, 2000, meeting of the local legislative delegation; however, Staff has learned the legislative delegation has rescheduled to meet on December 8, 2000. Commissioner Cardamone stated that a Commission representative could appear before the local legislation delegation to indicate the Commission will meet with the legislators individually to discuss the City's legislative priorities; that the remaining legislative priorities can be discussed in a future Commission meeting. Vice Mayor Hogle asked who should represent the Commission? Commissioner Cardamone stated that a letter should be written on behalf of the Commission. BOOK 48 Page 20374 12/04/00 6:00 P.M. BOOK 48 Page 20375 12/04/00 6:00 P.M. Commissioner Quillin stated that a meeting with the County and the other County municipalities is scheduled for December 14, 2000. Commissioner Cardamone referred to Legislative Priorities in the Agenda backup material and stated that some issues have already been accepted as legislative priorities such as: Automated enforcement of red light violations: Seek legislation to provide for photographic traffic infraction enforcement (Red light cameras). Enterprise zone: : Seek legislation to authorize the creation of an enterprise zone for the Newtown area of the City and County. Drug dealing around public parks Seek legislation that increases the drug free "safe zone" from 200 to 1,000 feet for purposes of enforcing special criminal penalties for drug dealing near public parks. Commissioner Quillin stated that the enterprise zone is to encompass more than the Newtown area. Commissioner Cardamone stated that a correction should be made. Commissioner Quillin stated that the legislative priority concerning historic preservation is a grant program and should be approved as follows: Special Categories Grants Program for historic preservation: Support full funding for the Special Categories Grant Program administered by the Secretary of State Division of Cultural Resources. The City has received a $40,000 matching grant for architectural services on the historic Federal Building purchased by the City in the fall of 2000. The City will be seeking major grant funding to assist in restoration of the building. Commissioner Quillin continued that the legislative priority concerning protection of water supplies should be discussed; that the City is unique in relationship to the Southwest Florida Water Management District (SWFWMD). Vice Mayor Hogle stated that the legislative priority concerning surface water permitting - reverse osmosis concentrate discharge should be kept open for discussion. Commissioner Cardamone stated that the legislative priorities concerning smart growth, new growth management, and annexation are not ready for discussion; that the legislative priority regarding interim service fees which concerns a partial property tax has been previously discussed and approved by the Commission as follows: Interim service fees: Support legislation authorizing local governments to implement interim service fees. Newly developed properties often are not charged their fair share of the cost of government services. There may be a delay of more than 2 years between the time that a newly constructed building is occupied and the time that property taxes on the improved property are due and payable. During this time, occupants of the property receive services from local governments and school districts subsidized by other taxpayers and only pay taxes based on the value of their property before improvements. Such legislation would offset the cost of recurring operation expenses. Commissioner Cardamone continued that the repeal of fuel adjustment charge exemption, public employees private rights, and public employee pension benefits should be - discussed; that the legislative priorities which have been discussed could be presented to the local legislative delegation with a note that the list is incomplete pending further discussion. Vice Mayor Hogle stated that hearing the Commission's agreement, the Administration will draft a letter concerning the City's legislative priorities to the local legislative delegation. City Manager Sollenberger stated that the wording will be changed concerning the enterprise zone; that the Commission is supporting the automated enforcement of red light violations, the enterprise zone, drug dealing around public parks, Special Categories Grants Program for historic preservation, Cultural Institutions Program, and interim service fees. Vice Mayor Hogle stated that the other legislative priorities can be discussed at the December 18, 2000, Regular Commission meeting. BOOK 48 Page 20376 12/04/00 6:00 P.M. BOOK 48 Page 20377 12/04/00 6:00 P.M. Commissioner Cardamone stated that the urgency is for December 8, 2000; that a letter or visit to the local legislative delegation could communicate other legislative priorities; and asked if the Administration is anxious concerning any particular item? City Manager Sollenberger stated no; that the first five legislative priorities were of concern and have been discussed. On motion of Commissioner Quillin and second of Commissioner Cardamone, it was moved to refer Consent Agenda No. 1, Item No. 2, to the Administration to place on a future Agenda to further discuss the legislative priorities. Motion carried unanimously (4 to 0) : Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. 17. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (0445) through (0447) There were no Commission Board or Committee reports. 18. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION WILL PREPARE A REPORT CONCERNING RENOVATIONS TO BAYFRONT PARK (AGENDA ITEM X) #2 (0447) through (0646) COMMISSIONER QUILLIN: A. distributed a December 3, 2000, Sarasota Herald-Tribune newspaper article entitled "Must landlord comply with city code inspection?" and stated that regulation of landlords has been raised frequently; that the article concerns regulation of rental property and refers to a case in which the property owner claims the law is unconstitutional while the judge disagrees; that an ordinance should be drafted to identify a method in the City to address the problem of code violations at rental properties. Commissioner Cardamone stated that the concept is supported. B. referred to the City of Sarasota Master Plan 2020 (Master Plan 2020) in an 8.5 X 11-inch format and stated that the format was requested and used; that the understanding was the City had a policy indicating documents should be in an 8.5 X 11-inch format; that the City should consider having all documents in the format for ease of use. C. stated that the AccessSarasota Channel 19 Committee recently held a meeting; that the Commission discussed adding a County and City Commissioner to the committee; and asked the status of the discussion? City Manager Sollenberger stated that nothing conclusive was discussed concerning the matter; however, excellent progress was made during the recent meeting; that the police show will be airing on a regular basis; that the policies governing AccessSarasota Channel 19 were discussed; that some clarification will be received to eliminate communication problems; that the AccessSarasota Channel 19 Committee will meet on a regular quarterly schedule; that the dates have been established and accepted by participants. COMMISSIONER CARDAMONE: : A. stated that the Vice Mayor is congratulated for conducting a good meeting; that the apparent necessity of citizens to tell the Commission of the importance of the Bayfront is amazing; that each Commissioner understands the importance of the Bayfront. B. stated that the work at Bayfront Park involving the seawall and the public restrooms has stopped; that large pieces of equipment are left in the park; that residents have inquired about the stopped construction. City Manager Sollenberger stated that a report will be presented to the Commission. VICE MAYOR HOGLE: : A. stated that Scott Maddox, Mayor of Tallahassee, and President of the Florida League of Cities, whose motto is "Mayor on the Move, . recently visited the City and took a tour of the City including the Bayfront. Commissioner Quillin stated that Duany Plater-Zyperk had indicated Bayfront Park is underutilized; that the recent Art Program drew a significant crowd; that the open space is wonderful. B. recognized former Commissioner and Mayor Lou Ann Palmer who was present in the audience. BOOK 48 Page 20378 12/04/00 6:00 P.M. BOOK 48 Page 20379 12/04/00 6:00 P.M. 19. ADJOURN (AGENDA ITEM XII) #2 (0646) There being no further business, Vice Mayor Hogle adjourned the Regular meeting of December 4, 2000, at 10:30 p.m. GIk C - ALBERT F. HOGLE, MAYOR ATTESTSOTA e A CEI - 8: Re Gey den BIL VE OBINSON, CITY AUDITOR AND CLERK - 90 -