MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 5, 2001, 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 Sarah Schenk, Attorney, City Attorney's Office ABSENT: Mayor Gene M. Pillot and City Attorney Richard J. Taylor 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 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR FEBRUARY 2001, PAT WILSON, ADMINISTRATIVE ASSISTANT, BOBBY JONES GOLF COMPLEX #1 (0035) through (0173) Vice Mayor Hogle requested that Commissioner Quillin join him at the Commission table to make the presentation and that Pat Calhoon, Sports Facilities Manager, Ray Grady, Manager, Bobby Jones Golf Course (BJGC), and Pat Wilson, Administrative Assistant, BJGC, and the February 2001 Employee of the Month join him before the Commission. Mr. Grady stated that Pat Wilson is the Administrative Assistant at BJGC, has been with the City for 4.5 years, and has done a magnificent job; that Ms. Wilson came to the City from a law firm and accounting companies in New York, New York; that the previous experience was utilized and is appreciated; that Ms. Wilson is talented with computers and is the in-house computer specialist; that Ms. Wilson is the third person from BJGC to receive the award of Employee of the Month; that the other BJGC Staff members who received the award of Employee of the Month are present in the audience to recognize Ms. Wilson and are: Carole Favreau and Patricia Frazier; that having Ms. Wilson on Staff is a pleasure; that Ms. Wilson works with pride for the City. BOOK 48 Page 20712 03/05/01 6:00 P.M. BOOK 48 Page 20713 03/05/01 6:00 P.M. Mr. Calhoon stated that the presence of the present and past administrative staff in the audience is a testament to the quality of work and personalities from BJGC; that Ms. Wilson is honored for the great work accomplished. Ms. Wilson stated that the award is appreciated; that working at BJGC has been enjoyed. Commissioner Quillin read the Employee of the Month certificate in its entirety and presented Ms. Wilson with a City-logo watch, a plaque, and a certificate as the February 2001 Employee of the Month in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. 2. PRESENTATION RE: MAYOR'S CITATION TO THE ROEHR'S DRIVE LINE AND MACHINE SHOP, INC., FOR OVER 75 YEARS OF CONTINUOUS OPERATION OF A FAMILY BUSINESS #1 (0173) through (0300) Vice Mayor Hogle stated that the City is pleased and honored to recognize businesses in the City which have been in the same family ownership for at least 50 years and requested that the following members of the Roehr family present in the audience come before the Commission: Donald Thomas Roehr and Ronald Roehr Vice Mayor Hogle stated that repairing vehicles in high school was enjoyed as a youngster along with Donald Roehr; that a personal vehicle had a damaged automatic transmission; that Donald Roehr reinstalled welding in the vehicle for a manual transmission. Vice Mayor Hogle read the Mayor's Citation in its entirety; presented the Mayor's Citation to the Roehr family for over 75 years of continuous operation of a family business of Roehr's Drive Line and Machine Shop, Inc. (Roehr's); and stated that Roehr's was established in 1926; that local businesses contribute to the City's continuing heritage and traditions and are appreciated. Donald and Ronald Roehr stated that the award is appreciated. Vice Mayor Hogle stated that the mother of Donald and Ronald Roehr, Rita Roehr, is a former City Commissioner and Mayor; that Donald and Ronald Roehr still enjoy vehicle repair. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0300) through (0340) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-8, Approval of contract for Design and Construction Services with Jon F. Swift, Inc., per the request of Public Works Director Hallisey. B. Remove Unfinished Business, Item No. VI-2, Re: the Right-of-Way Use Agreement 2000 and the second reading of proposed Ordinance No. 00-4257, per the request of Attorney Fournier, City Attorney's Office, and the Applicant. On motion of Commissioner Cardamone, and second of Commissioner Quillin, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0) : Cardamone, yesi Mason, yes; Quillin, yesi Hogle, yes. 4. APPROVAL RE: MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 31, 2001, THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 5, 2001, AND THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 20, 2001 = APPROVED WITH REVISIONS TO THE MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 5, 2001 (AGENDA ITEM I) #1 (0340) through (0390) Vice Mayor Hogle asked if the Commission had any changes to the minutes of the January 31, 2001, Special Commission meeting, and the February 5 and 20, 2001, Regular Commission meetings? Commissioner Cardamone stated that some changes are desired for the minutes regarding Agenda Item V from the February 20, 2001, Regular Commission meeting; that the minutes could be mis sunderstood and should be clarified; and quoted the minutes as follows: Commissioner Cardamone stated that Staff should examine the Downtown to locate at least 100 more parking spaces BOOK 48 Page 20714 03/05/01 6:00 P.M. BOOK 48 Page 20715 03/05/01 6:00 P.M. Commissioner Cardamone stated that the sentence indicates the building of streets or parking spaces; and quoted the minutes as follows: . that long spaces between alleys contain perhaps three cars a day * Commissioner Cardamone stated that the sentence is unclear; that the request is to revise the minutes for more clarity. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to approve the minutes of the January 31, 2001, Special Commission meeting, the February 5, 2001, Regular Commission meeting, and the February 20, 2001, Regular Commission meeting with revisions. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. 5. BOARD ACTIONS RE: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF FEBRUARY 7, 2001 - SET PROPOSED ORDINANCE NO. 01-4262 FOR PUBLIC HEARING; REFERRED THE HIRING OF A CONSULTANT TO PREPARE A MASTER PLAN FOR THE CULTURAL DISTRICT TO THE ADMINISTRATION, AND RECEIVED REPORT (AGENDA ITEM II-A) #1 (0390) through (0738) . Jane Robinson, Director, Planning and Development, came before the Commission and presented the following items from the February 7, 2001, Regular meeting of the Planning Board/Local Planning Agency (PBLP) : A. Proposed Resolution No. 01R-1343 Major Conditional Use Application No. 00-CU-03 Site Plan Application No. 00-SP-13 Ms. Robinson stated that approval of Major Conditional Use Application No. 00-CU-03 and Site Plan Application No. 00-SP-13 would allow expansion of a leasehold use consisting of the construction by the Florida West Coast Symphony, Inc. (FWCS) of the Education Wing (Phase I) and Concert Hall (Phase II) in the Governmental Use (G) Zone District at the Civic Center; that at the February 7, 2001, Regular PBLP meeting, the PBLP unanimously voted to find Major Conditional Use Application No. 00-CU-03 and Site Plan Application No. 00-SP-13 consistent with the City's Comprehensive Plan, also called -the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), the Tree Protection Ordinance, and the standards for review set forth in the Zoning Code (1998) and recommended Commission. approval; that further consideration of Major Conditional Use Application No. 00-CU-03 and Site Plan Application No. 00-SP-13 has been continued to the March 19, 2001, Regular Commission meeting at the Applicant's request. B. Proposed Resolution No. 01R-1346 Zone District Waiver Application No. 00-GZW-01 Ms. Robinson stated that the Florida West Coast Symphony, Inc. (FWCS) filed G Zone Waiver Application No. 00-GZW-01 to proceed with construction of the proposed Education Wing (Phase I) and Concert Hall (Phase II) at the Civic Center in the G Zone District; that at the February 7, 2001, Regular PBLP meeting, the PBLP unanimously voted to find G Zone Waiver Application No. 00-GZW-01 consistent with the City's Comprehensive Plan, the standards for review set forth in Section IV-1706 (b), Zoning Code (1998), and recommended Commission approval subject to the conditions of the PBLP resolution as follows: (a) Approval of Major Conditional Use Application No. 00- CU-03 and Site Plan Application No. 00-SP-13 by the adoption of Resolution No. 01R-1343. (b) Approval of Application No. 01-SPA-01, a Shared Parking Agreement between the City of Sarasota and the FWCS. (c) Approval of the proposed Second Amendment to the Lease Agreement between the City and the FWCS, including approval of proposed Phases I and II. (d) Approval of the Amendment to the View Corridor Easement between the City of Sarasota, Sarasota Renaissance II Limited Partnership, and the FWCS. (e) Applicant shall erect and maintain signs complying with Article VII, Division 1, Zoning Code (1998) subject to City Staff approval. Ms. Robinson continued that further consideration of G Zone District Waiver Application No. 00-GZW-01 has been continued to the March 19, 2001, Regular Commission meeting at the Applicant's request. BOOK 48 Page 20716 03/05/01 6:00 P.M. BOOK 48 Page 20717 03/05/01 6:00 P.M. C. Proposed Resolution No. 01R-1348 Major Conditional Use Application No. 01-CU-07 Site Plan Application No. 01-SP-05 Ms. Robinson stated that Major Conditional Use Application No. 01-CU-07 and Site Plan Application No. 01-SP-05 request permission to construct an additional drive-through lane accessory to Sarasota Bank, Inc.; that the requested construction will conform with Site Plan Application No. 01-SP-05; that at the February 7, 2001, Regular PBLP meeting, the PBLP unanimously voted to find Major Conditional Use Application No. 01-CU-07 and Site Plan Application No. 01-SP-05 consistent with the City's Comprehensive Plan, the Tree Protection Ordinance, and the standards for review set forth in the Zoning Code (1998) and recommended Commission approval. City Auditor and Clerk Robinson stated that the Commission can set proposed Resolution No. 01R-1348 for public hearing or affirm the PBLP recommendation by adopting proposed Resolution No. 01R-1348 under Consent Agenda No. 2, Item No. 1. D. Proposed Ordinance No. 01-4262 Zoning Text Amendment Application No. 01-ZTA-02 Ms. Robinson stated that Zoning Text Amendment Application No. 01-ZTA-02 revises and clarifies certain requirements for commercial wireless elecommunication facilities; that proposed Ordinance No. 00-4262 specifically amends Article VII-602, Specific Standards for Certain Uses, Zoning Code (1998), to clarify the height limitations for camouflaged towers and antennas located on residentially zoned properties; that at the February 7, 2001, Regular PBLP meeting, the PBLP unanimously voted to find Zoning Text Amendment Application No. 01-ZTA-02 consistent with the City's Comprehensive Plan and recommended Commission adoption. City Manager Sollenberger stated that the Administration recommends setting proposed Ordinance No. 01-4262 for public hearing. On motion of Commissioner Cardamone and second of Commissioner Quillin, it was moved to set proposed Ordinance No. 4262 for public hearing. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. E. Cultural District Master Plan Ms. Robinson stated that at the February 7, 2001, Regular meeting, the PBLP unanimously voted to request the allocation of funds during fiscal year (FY) 2001/02 to hire a consultant to prepare a Master Plan for the Cultural District as identified in the City of Sarasota, Downtown Master Plan 2020 (Master Plan-2 2020). City Manager Sollenberger stated that the Administration recommends referring the hiring of a consultant to prepare a Master Plan for the Cultural District to the Administration for consideration during the preparation of the City's FY 2001/02 budget. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to refer the hiring of a consultant to prepare a Master Plan for the Cultural District to the Administration for consideration during the, preparation of the City's FY 2001/02 budget. Commissioner Cardamone stated that the motion is made with delight; that the Cultural District is an important portion of the Downtown as mentioned in the master planning effort and recommended for master planning by Duany Plater-Zyberk and Companyi that the efforts of the PBLP are appreciated; that the Administration is encouraged to move forward with identifying funding. Commissioner Quillin stated that some proposals in the Master Plan 2020 should be discussed; that in the past, funds have been identified and later deemed insufficient; that the City should ensure master planning begins as soon as possible sO completion is timely. Vice Mayor Hogle agreed and stated that the Commission should refer the recommendation of the PBLP to the Administration for consideration in the preparation of the FY 2001/02 budget; that the master plan proposal should include parking requirements and a traffic circulation component. Commissioner Quillin stated that further discussion is desired; that the master planning should incorporate the area from Centennial Park to Gulf Stream Avenue. Commissioner Cardamone stated that master planning for the Cultural District is supported; that a master plan should include BOOK 48 Page 20718 .03/05/01 6:00 P.M. BOOK 48 Page 20719 03/05/01 6:00 P.M. parking and traffic circulation; that discussion regarding the Florida West Coast Symphony, Inc. (FWCS) is in the near future; and asked if FWCS could be requested to delay planning for a master hall and become part of the City's master planning effort? Vice Mayor Hogle stated that FWCS could move forward with a portion of the secondary stage of construction; that questions can be resolved before a Certificate of Occupancy is issued. Commissioner Cardamone stated that allowing FWCS's construction to proceed prior to the City's master planning seems to reverse the order as the FWCS building is important; that master planning may not be as vital to the City if FWCS is not included; that Staff should budget the funds quickly; that Commission discussion concerning the master planning and the FWCS building would be ideal; that FWCS would like to move forward; however, FWCS occupies a significant piece of City-owned property; that a delay in FWCS's construction may be in the public's interest. Commissioner Quillin stated that master planning for the Cultural District should be returned for discussion; that the FY 2001/02 budget, which will not be adopted until October 1, 2001, is being discussed; that the idea of having FWCS enter the master planning process as a partner is intriguing; that the 800-seat master hall desired as an addition by FWCS should be placed in a different area than planned and may be larger than currently designed; that the solution will not be apparent until master planning is conducted and concepts. are discussed; that the Commission should discuss the master planning sO Staff can have better direction for the master planning. Commissioner Cardamone concurred. On motion of Commissloner Cardamone, it was moved to amend the motion to include a request for FWCS to delay construction until the master planning is complete. Motion to amend died for lack of a second. Commissioner Quillin stated that FWCS is included in the Cultural District; however, the Van Wezel Performing Arts Hall (VWPAH) and other buildings are also located in the Cultural District; that including traffic circulation and parking as part of the master planning is supported. Vice Mayor Hogle stated that the master planning should be discussed in the future; that the ideal time will be at the time FWCS returns before the Commission in a few weeks. Vice Mayor Hogle restated and called for a vote on the motion to refer the hiring of a consultant to prepare a Master Plan for the Cultural District to the Administration for consideration during the preparation of the City's FY 2001/02 budget. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yesi Quillin, yes; Hogle, yes. City Manager Sollenberger stated that the Administration recommends receiving the report of the February 7, 2001, Regular PBLP meeting. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the report of the February 7, 2001, Regular PBLP meeting. Motion carried unanimously (4 to 0) : Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. 6. BOARD ACTIONS RE: REPORT RE: HISTORIC PRESERVATION BOARD 'S REGULAR MEETING OF FEBRUARY 13, 2001 - SET HISTORIC DESIGNATION APPLICATION NO. 01-HD-03 FOR PUBLIC HEARING AND RECEIVED REPORT (AGENDA ITEM II-B) #1 (0738) through (0823) Thorning Little, Chairman, Historic Preservation Board, and John Burg, Chief Planner, Planning and Development Department, came before the Commission. Mr. Little presented the following items from the February 13, 2001, Regular meeting of the Historic Preservation Board: A. Historic Designation Application No. 01-HD-03 Re: The Olroyd House 455 Acacia Drive Mr. Little stated that Staff from the Sarasota County Department of Historical Resources determined that the structure called the Olroyd House located at 455 Acacia Drive is a structure of historic significance; that at a February 13, 2001, public hearing, the Historic Preservation Board voted unanimously to recommend historic designation of the Olroyd House, which meets the following criteria listed under Section IV-806 (A), Zoning Code (1998): BOOK 48 Page 20720 03/05/01 6:00 P.M. BOOK 48 Page 20721 03/05/01 6:00 P.M. 4. Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction. Mr. Little continued that the site and the garage are non-historic. City Manager Sollenberger stated that the Commission can set Historic Designation Application No. 01-HD-03 for public hearing if desired. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to set Historic Designation Application No. 01-HD-03 for public hearing. Motion carried unanimously (4 to 0): Cardamone, yesi Mason, yes; Quillin, yes; Hogle, yes. City Manager Sollenberger stated that the Administration recommends receiving the report of the February 13, 2001, Regular meeting of the Historic Preservation Board. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the report of the February 13, 2001, Regular meeting of the Historic Preservation Board. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. 7. CONSENT AGENDA NO. 1: ITEM NOS. 2, 3, 4, 5, 6, 7, AND 9 - APPROVED; ITEM NO. 1 APPROVED AND ADMINISTRATION TO PROVIDE ATTENDANCE REPORT FOR THE VAN WEZEL PERFORMING ARTS HALL BOARD AND DEVELOP UNIFORM REPORTS FOR ALL BOARDS IN THE FUTURE (AGENDA ITEM III-A) #1 (0823) through (0979) Commissioners Mason and Quillin requested that Item No. 1 be removed for discussion. 2. Approval Re: Authorize the appropriation of $1,250.00 from the unspent budget of the Millennium Fund for the Soap Box Derby 2001 In-Kind Services 3. Approval Re: Status Report for City Hall Lobby, Sidewalk, and Commission Chambers Renovation Project 4. Approval Re: Authorize the appropriation of $9,179.56 from the unspent budget of the Millennium Fund for the Downtown Association Shortfall for New Year's Eve 2000 5. Approval Re: Report of the Citizen Tax Oversight Committee on the Penny Sales Tax Extension 6. Approval Re: Set for public hearing on March 19, 2001, proposed Ordinance No. 01-4282, pertaining to boating and mooring of vessels or watercraft; etc. 7. Approval Re: Authorize the Administration to negotiate and the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and EDAW, Inc., (RFP #00-13H) for consultant services for preparing a Twenty Year Master Plan for an Interconnected System of Parks, Open Space, and Landscape Elements, for an amount not to exceed $130,000 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Commission Services Agreement between the City of Sarasota and Shelley Lederman to assist in booking the lodging and car rental requirements of out-of-town participants for the AAU National 14 and Under Championships in Sarasota from July 21 through August 4, 2001 On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Item Nos. 2, 3, 4, 5, 6, 7, and 9. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. 1. Approval Re: 2000 Annual Board Reports Commissioner Mason stated that an attendance report for the Van Wezel Performing Arts Hall (VWPAH) Board was not included in the 2000 Annual Board Reports. City Auditor and Clerk Robinson stated that an attendance report will be furnished. commissioner Quillin stated that the reports of the advisory boards are inconsistent; that a workshop or special meeting concerning the advisory boards should be scheduled; that a listing of board members and dates of appointment is desired; that monthly reports are not always received from advisory boards; that advisory boards are important; that many members of the public may be interested in participating on advisory boards and in knowing BOOK 48 Page 20722 03/05/01 6:00 P.M. BOOK 48 Page 20723 03/05/01 6:00 P.M. the activities of advisory boards; that an attendance record for the VWPAH Board has not been received. City Manager Sollenberger stated that the Administration recommends a motion to receive the report; that the Commission's concerns have been noted; that the attendance record for VWPAH Board will be provided; that the Commission is requested to advise the Administration if a format for the board reports is preferred; that an inconsistency between the board reports is noted; that the board reports should be uniform. Commissioner Cardamone stated that establishing a format for each board should not be difficult. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to receive the 2000 Annual Board Reports. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yesi Quillin, yes; Hogle, yes. 8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 01R-1348) - ADOPTED; ITEM 2 (RESOLUTION NO. 01R-1349) - ADOPTED; ITEM 3 (RESOLUTION NO. 01R-1350) ADOPTED; ITEM 4 (ORDINANCE NO. 01-4272) ADOPTED; ITEM 5 (ORDINANCE NO. 01-4293) ADOPTED; AND ITEM 6 (ORDINANCE NO. 01-4294) ADOPTED (AGENDA ITEM III-B) #1 (0979) through (1398) Commissioner Quillin requested that Item No. 4 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 01R-1348, approving Major Conditional Use Application 01-CU-07 to allow a third drive-through lane to be added to an existing two-lane drive-through facility accessory to Sarasota Bank on property located at 1234 Palm Avenue; providing that said Major Conditional Use is required to be constructed and located in accordance with Site Plan Application 01-SP-05; etc. (Title Only) Application Nos. 01-CU-01 and 01-SP-05, Applicant Joel Freeman of Freedman Consulting Group, as agent representing One Sarasota Tower, Inc. and Sarasota Bank, the owner and lessee) 2. Adoption Re: Proposed Resolution No. 01R-1349, appropriating $20,000 from the Law Enforcement Trust Fund (Fund 110-070-000) to continue to fund the D.A.R.E. (Drug Abuse Resistance Education) Program; etc. 3. Adoption Re: Proposed Resolution No. 01R-1350, supporting the preparation of an area-wide Environmental Impact Statement by the United States Army Corps of Engineers for the Central Florida Phosphate Industry; etc. (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 01-4293, providing for the designation of the structure located at 1677 Sixth Street, historically known as the Robert and Emma Kennedy House, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Application No. 01-HD-01, Applicant Mikki Hartig, as agent, for Yohannah L. Armes, owner) 6. Adoption Re: Second reading of proposed Ordinance No. 01-4294, providing for the designation of the structure located at 1243 16th Street, historically known as the Norma Ziegler Freeman House, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Application No. 01-HD-02, Applicant Mikki Hartig, as agent, for Eric Jurgielewicz, owner) City Auditor and Clerk Robinson read proposed Resolution Nos. 01R-1348 and 01R-1350 and proposed Ordinance Nos. 01-4293 and 01-4294 by title only and proposed Resolution No. 01R-1349 in its entirety. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 5, and 6. 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, yesi Mason, yes; Quillin, yes. 4. Adoption Re: Second reading of proposed Ordinance No. 00-4272, amending Chapter 21 of the Sarasota City Code (1986 as amended), Offenses, Section 21-128 pertaining to skateboarding; amending such section to establish regulations for freestyle bicycling and scooting; providing for definitions; amending the penalties for violation; providing for the impoundment of skateboards operated in prohibited areas and for the BOOK 48 Page 20724 03/05/01 6:00 P.M. BOOK 48 Page 20725 03/05/01 6:00 P.M. impoundment of bicycles and scooters used for freestyle bicycling or scooting; providing for notice and hearings to be conducted by the Special Master within certain time limitations; providing for imposition of an administrative civil penalty and hearing costs for the unlawful use of skateboards, bicycles and scooters as set forth herein; providing for the disposition of unclaimed skateboards, bicycles and scooters; providing for appeal of final orders; repealing Section 33-193 of the City Code; etc. (Title Only) City Auditor and Clerk Robinson read proposed Ordinance No. 01-4272 by title only. Commissioner Quillin stated that proposed Ordinance No. 01-4272 is not supported due to the impounding and fining included; that the North Port, Florida, Skateboard Park was visited; that the skateboarding regulations of the cities of Venice and North Port, Florida, were reviewed; that the fining process for confiscated skateboards is undesirable; that the appropriate action would be community service time during which offending skateboarders are required to do maintenance for the business or area damaged instead of paying a fine; that the hope is the Commission will support a community service program for confiscated skateboards; that the offending skateboarders should be put to work to see the ramifications of destruction of property rather than paying a fine. Commissioner Mason stated that community service is a good concept; however, the ability to mandate community service hours is unknown; that someone must supervise a community service program. Commissioner Quillin stated that a community service program can be mandated by the Commission; that community service can be required instead of a fine, would be under the jurisdiction of a special master, and could be conducted along with the Downtown Association of Sarasota, Inc., as damage is being done to the businesses Downtown; that the skateboarders in the community service program can view the damage and work with maintenance personnel to make repairs; that the results of the destruction could be viewed first hand. Vice Mayor Hogle stated that the thoughts concerning community service are understood and not disagreeable; however, community service would add one more problem to the process; that property damage has been occurring for years; that the City is finally attempting to stop the damage through the proposed ordinance; that hopefully the proposed ordinance will only be used once or twice before the problem is halted; that the City is moving forward in a positive manner to construct a skateboarding park. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to adopt Consent Agenda No. 2, Item No. 4. Commissioner Cardamone stated that damage from Skateboarding is an ongoing problem; that extreme damage calls for extreme measures; that the proposed ordinance is not enjoyed; however, measures must be taken to prevent damage to private and public propertyi that children have been personally raised; that the consequences of the damage may sound harsh; however, a change in behavior in the Downtown will be seen after a few skateboards are confiscated; that sometimes the message must be harsh; that proposed Ordinance No. 01-4272 is supported. Commissioner Quillin stated that the death penalty has not stopped murder; that the skateboarders should be responsible to the community and should be required to do community service rather than pay a fine for confiscated skateboards; that people can sell drugs on the street to pay fines easily; that confiscation of vehicles used in crimes has not stopped the crimes; that vehicles are still being confiscated on a regular basis; that money from fines comes into the City but does not stop the problem; that charging fines for skateboard violations will not work; that putting the skateboarders to work will instill the message better; that fining will not resolve the problem; that skateboarders will find a way to get around the law; that outdoing the police will become a game; that the proposed ordinance sends the wrong message; that skateboarders should be required to clean up the City through a community service program before having skateboards returned; that the requirement for action is supported; however, the confiscation and fining is not supported. Vice Mayor Hogle called for a vote on the motion to adopt Consent Agenda No. 2, Item No. 4, and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 1): Hogle, yes; Mason, yes; Quillin, no; Cardamone, yes. Vice Mayor Hogle requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and BOOK 48 Page 20726 03/05/01 6:00 P.M. BOOK 48 Page 20727 03/05/01 6:00 P.M. 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 five minutes to speak; that speakers will be timed and will be advised when one minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 9. NON QUASI - JUDICIAL PUBLIC HEARING RE: PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 01-4291, PERTAINING TO THE FEE CHARGED FOR THE DEMOLITION OF ANY BUILDING OR STRUCTURE; AMENDING THE CITY OF SARASOTA AMENDMENTS TO THE 1997 EDITION OF THE STANDARD BUILDING CODE, SECTION 103.7.4, SCHEDULE OF PERMIT FEES, TO INCREASE THE FEE AND THE AMOUNT THEREOF SET ASIDE FOR PURPOSES WHICH FURTHER THE HISTORIC PRESERVATION PROGRAM; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (1398) through (1647) City Manager Sollenberger stated that proposed Ordinance No. 01-4291 is to increase the fee for a demolition permit from $150 to $200 and place the additional $50 into the historic preservation demolition fund for historic preservation purposes; that the Commission directed the drafting of proposed Ordinance No. 01-4291 at the January 2, 2001, Regular Commission meeting. Sarah Schenk, Attorney, City Attorney's Office, stated that proposed Ordinance No. 01-4291 was prepared based upon the recommendation of the Historic Preservation Board to increase the fee for the demolition of buildings from $150 to $200; that $100 of each demolition permit fee shall be set aside for the historic preservation program. Vice Mayor Hogle opened the public hearing. There was no one signed up to speak and Vice Mayor Hogle closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 01-4291 by title only. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 01-4291 on first reading. On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 01-4291 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): Mason, yes; Quillin, yes; Cardamone, yes; Hogle, yes. Commissioner Cardamone stated that proposed Ordinance No. 01-4291 fits the requirements of the community; that more funds will go into the historic preservation fund for recommendations to spend on saving or designating historic structures; that passing the proposed ordinance on first reading is a pleasure. Commissioner Quillin stated that the action by the Historic Preservation Board to increase the demolition fee is appreciated; however, a $200 fee is not enough; that the demolition fee should begin at $1,000 or higher; that requirements should be established to obtain a lower demolition fee; that many structures with historic significance in the City have been demolished; that raising the demolition fee should be discussed with the Historic Preservation Board. Vice Mayor Hogle stated that members of the Historic Preservation Board are present in the audience and taking note of the discussion. Commissioner Cardamone agreed with Commissioner Quillin and stated that the concept of raising the demolition fee should be returned to the Commission with the Historic Preservation Element in the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan) which the Historic Preservation Board is developing with Staff. Commissioner Quillin stated that the maximum demolition fee could be set higher than $1,000. Commissioner Cardamone stated that historic designation of garages at the rear of properties and the criteria for demolition of such structures should be addressed. Vice Mayor Hogle requested that Attorney Schenk explain the quasi-judicial public hearing process. Attorney Schenk stated that during quasi-judicial public hearings, the Commission will BOOK 48 Page 20728 03/05/01 6:00 P.M. BOOK 48 Page 20729 03/05/01 6:00 P.M. 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 the recommendation is to allow 15 minutes for the Applicant's presentation and 5 minutes for rebuttal; that the City will have 15 minutes for presentation and 5 minutes for rebuttal; that individuals certified by the Commission as Affected Persons will have 10 minutes to speak and 5 minutes for rebuttal; that Affected Persons are individuals especially interested in the proceedings due to proximity to or other special interest in the subject property; that other interested persons will have 5 minutes to speak; that speakers may request additional time which, if granted, will be determined at the discretion of the Commission; that Applicants, the City, and Affected Persons will be afforded the opportunity to present evidence and expert witnesses and for cros8-examination. 10. QUASI-JUDICIAL PUBLIC HEARING RE: : PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 00-4296, AMENDING AND RESTATING ORDINANCE NO. 00-4209 TO REFLECT THE APPROVAL AND SUBSTITUTION OF THE REVISED SITE PLAN SUBMITTED WITH APPLICATION 01-SP-07 FOR THE PREVIOUSLY APPROVED SITE PLAN SUBMITTED WITH APPLICATION 00-SP-09; SAID SITE PLANS PERTAINING TO THE CONSTRUCTION OF A RESIDENTIAL CONDOMINIUM ON THE NORTH SIDE OF GULF STREAM AVENUE BETWEEN SUNSET DRIVE AND CEDAR POINT DRIVE TO BE KNOWN AS THE TOWER RESIDENCES AT THE RITZ CARLTON; ETC. (TITLE ONLY) (APPLICATION NOS. 01-ROA-01 AND 01-SP-07, APPLICANT STEPHEN D. REES, ESQ., AS AGENT REPRESENTING ECOVENTURE RESIDENCES II, LTD., A FLORIDA LIMITED PARTNERSHIP) PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (1647) through (3440) Sarah Schenk, Attorney, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 01-4296 is to approve and substitute revised Site Plan Application No. 01-SP-07 for Site Plan Application No. 00-SP-09 regarding the construction of the Tower Residences at the Ritz-Carlton Hotel (Tower Residences); : that the applicant is Stephen Rees, Esq., agent for Ecoventure Residences II, Ltd., a Florida Limited Partnership Ecoventure) Attorney Schenk stated that the following persons have applied for and complied with the rules for obtaining Affected Person status: Robert Einsweiler and Dr. Leonard Apfelbach, representing Lawrence Pointe Condominium 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. Stephen Rees, Esq., came before the Commission and stated that clarification will be provided by Donald Gunn, Senior Project Manager for the construction of the Tower Residences, who appeared a year ago on behalf of the previous property owner and the Applicant, Ecoventure; that the request is for approval to substitute revised Site Plan Application No. 01-SP-07 for Site Plan Application No. 00-SP-09, which was approved by the Commission on April 13, 2000, with the initial approval of Phase II of construction of the Tower Residences; that pursuant to.the procedures of the Zoning Code (1998), three items have been determined to constitute revisions requiring consideration through the public hearing process, which are listed and summarized in the executive summary included in the Agenda backup material as follows: 1. A slight change in the building footprint resulting in an approximate one-foot shift in the eastern and western setback lines of the building. 2. The addition of a pedestrian connector link for direct access between the Tower Residences and the proposed Ritz-Carlton Club component of the hotel building. 3. Changes to the architectural elements above the permissible 180-foot height level as well as to the structure, including a modification from clipped to rectangular corners. Donald Gunn, Senior Project Manager, Watermark Communities Inc., and Sarasota Tower Inc., came before the Commission and stated that some plans have been prepared to describe the changes BOOK 48 Page 20730 03/05/01 6:00 P.M. BOOK 48 Page 20731 03/05/01 6:00 P.M. outlined and included in the Staff report in the Agenda backup material. Mr. Gunn referred to a displayed computer-generated depiction of the Tower Residences at the Ritz-Carlton and indicated the location of the Ritz-Carlton Hotel, the piazza level for the Ritz-Carlton Hotel, and the proposed project area. Mr. Gunn stated that the first item deemed a non-minor modification by the City was the change in the site plan which relocates the proposed structure approximately one foot to the east; that the Phase I developer of the project has installed a retaining wall for the construction of the elevated Cedar Point Drive; that the retaining wall was located approximately one foot from the east building wall; that having a one-foot gap between the outside of the retaining wall and the outside of the face of the proposed building was not acceptable; therefore, the proposed building will be moved one foot to the east; that an exterior stairway from the outside of the proposed building to the piazza level of the Ritz-Carlton Hotel with an approximate elevation level of 30 feet was included in the site plan submitted to and approved by the City one year ago; that the outside stairway has been replaced by an interior connector. Mr. Gunn referred to a displayed computer-generated depiction of the east elevation of the project and stated that the club facility between the Ritz-Carlton Hotel and the proposed building and an enclosed connector will allow residents of both buildings to move from one building to another through the club facility building while remaining indoors. Mr. Gunn continued that architectural embellishments above the roof elevation. were added; that the configuration of the exterior façade of the building was changed; that the addition of architectural embellishments and change in the building façade were primarily driven by discussions with the projects' architects; that the desire is for the proposed project to reflect the design of the Ritz-Carlton Hotel project; that a few minor roof embellishments have been added including a copula and a couple of obelisks which reflect elements from the Ritz- Carlton Hotel; that the edges of the proposed building have been 'made more rectilinear. Mr. Gunn referred to a displayed computer-generated depiction of the outline of a tower on top of the garage structure, indicated steps in the elevation contiguration of the building, and stated that the modification stems from the desire of the Ritz-Carlton Hotel not to have the angularity of the previous site plan; that the view corridor is maintained; and indicated the view corridors. Mr. Gunn continued that the building is stepped rather than angled; that the combination of the changes along with the elements added to the roof comprise the architectural changes; that initially, the penthouse levels of the building had additional setbacks which led to an irregularity of the vertical and horizontal design elements on all elevations of the building; that the desire was to make the penthouse levels more vertically and horizontally balanced which resulted in bringing the penthouse levels to the same plane as the levels below; that a further change was made on February 14, 2001, subsequent to submittal of the proposed site plan to the Planning Board/Local Planning Agency (PBLP); that the change was to convert two of the penthouse floors to typical six-unit floors; that the changes are depicted in the site plan elevations which have been submitted to the City. Commissioner Cardamone requested clarification of the changes to the penthouse floors. Mr. Gunn stated that the site plan submitted to the PBLP had the top four floors designated at penthouse levels. Commissioner Cardamone stated that the lower two of the four floors have been converted into six-units floors. Mr. Gunn stated that is correct; referred to a displayed computer-generated depiction of the penthouse floors; and indicated the changes and the balcony configurations. Commissioner Cardamone asked if the number of total units has been increased? Mr. Gunn stated the number of units was not increased above the 80 units approved by the Commission but was increased from 76 to 80 units. Commissioner Quillin asked if the changes in the top four floors occurred after the PBLP approval? Mr. Gunn stated yes. BOOK 48 Page 20732 .03/05/01 6:00 P.M. BOOK 48 Page 20733 03/05/01 6:00 P.M. Commissioner Quillin asked if the displayed computer-generated depiction is the eastern view of the proposed structure? Mr. Gunn stated yes. Commissioner Quillin requested a view of the west elevation of the proposed structure and stated that landscaping was previously discussed; that the west elevation was not a blank wall. Mr. Gunn stated that the west elevation is not a blank wall; that articulated arches have been added along Cedar Point Drive and Sunset Drive elevations to mirror similar elements of archways in the Ritz-Carlton Hotel design as a response to discussions with neighbors. Commissioner Quillin stated that the site plan received appeared to have a blank wall; and asked for clarification of the height of the wall? Mr. Gunn stated that the height is approximately 25 feet plus a 42-inch parapet or required delineation to keep people from leaning over; that significant additional landscaping has been added to the plaza level at the top of the garage and on the edge of the proposed building since the site plan was submitted, reviewed, and approved by the City; that the entire perimeter of the plaza level has a significant number of planter boxes.. Commissioner Quillin stated that the previously submitted site plan contained a significant amount of landscaping including trees; and asked if the street trees are still included in the new site plan? Mr. Gunn stated yes; that the landscaping on the Sunset and Cedar Point Drives portions of the project is part of the Phase I plan which the City has approved; and referred to a displayed computer-generated depiction of the landscaping proposed for the project. Commissioner Quillin stated that landscaping and the lack of blank walls were key issues for the neighbors of the proposed project. Attorney Rees stated that is correct; that a display of the portion of the actual architectural elevation rather than the smaller version indicates the degree of detail in the west and east walls; that the process is regrettably awkward; that Staff has an initial burden to determine if the changes resulting from completion of the design and the creation of construction plans are of a magnitude to trigger the public hearing process; that the Zoning Code (1998) does not provide adequate objective criteria to guide either Staff, the Applicant, the PBLP, or the Commission; that the three changes identified should be the focal point of the Commission's consideration; that the site plan was initially approved and continues as a unified project; that the underlying agreements provide the design of the Phase II Ritz Tower must be approved by the Ritz-Carlton Hotel prior to City approval of construction plans and issuance of a building permit; that a period of six to seven months passed before the Applicant was in a position to come to the City to determine if the design changes were minor as the title to the property was only acquired in March 2000; that the revised site plan application was filed on November 27, 2000; that the changes were determined as non-minor modifications in November 2000; therefore, the public hearing processing is required. Mr. Gunn referred to a displayed computer-generated depiction of the articulated archways of the west elevation of the project, indicated the substantial amount of additional landscaping on the 45-foot parapet on top of the garage roof, interior landscaping, and landscaping on the sides facing Cedar Point and Sunset Drives which were taken from the Phase I plan, and stated that the landscaping on the property will be enhanced from the landscaping previously submitted to the City in April 2000. Commissioner Quillin stated that the landscaping was not seen in the proposed site plan; that the clarification is appreciated. Mr. Gunn stated that the project has five landscaping sheets which contain technical information and describe the landscaping and hardscaping elements of the proposed project. Betsy Benac, AIA, Wilson, Miller, Barton & Peek, Inc., came before the Commission and stated that work has been done with the current Applicant, Ecoventure, and Core Development, Inc.; that a review of the Zoning Code (1998) and the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), was conducted as a planner to determine if the proposed Rezone Ordinance Amendment Application No. 01-ROA-01 and proposed Site Plan Application No. 01-SP-07 changes are consistent with the standards and regulations of the Zoning Code (1998) and compatible with the land uses in the area; that consistency with the surrounding neighborhood and the Phase I development is required due to the unified nature of the proposed projecti that the proposed changes ensure consistency; that the Staff report details BOOK 48 Page 20734 03/05/01 6:00 P.M. BOOK 48 Page 20735 03/05/01 6:00 P.M. the manner in which the site plan application meets the standards of the Zoning Code (1998), the intent of the Commercial, Central Business District (C-CBD) Zone District, and is consistent with the applicable action strategies of the City's Comprehensive Plan. Attorney Rees stated that a discussion was held with the City Attorney's Office to clarify some necessary changes in the proposed ordinance; that the reference should be to proposed Ordinance No. 01-4296 rather than to proposed Ordinance No. 00-4296; that the Staff of the City Attorney's Office assured the necessary change will occur for second reading; that an incorrect reference in the text of proposed Ordinance No. 01-4246 refers to Site Plan Application No. 00-SP-07 instead of Site Plan Application No. 01-SP-07, which will be changed; that the Staff report incorporates the various comments of the Development Review Committee (DRC) and should be included in the public record. Attorney Rees continued that the receptivity to the proposed changes has been good; that the Applicant has initiated marketing for the project; that the wait is for Commission approval prior to finalizing construction plans for submittal to pursue a building permit; that construction should begin shortly after the receipt of a building permit; that the neighbors are of the opinion a construction staging plan should be approved for the project as was accomplished for Phase I of the Ritz-Carlton Hotel development project, which was an issue raised by the PBLP; that Staff assured the neighbors proposed Ordinance No. 01-4246 provides the Applicant must present and obtain approval of a construction staging plan as part of the building permit application; that the construction staging plan is to ensure the construction activity has the least impact as possible upon the neighbors. 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. 01-4296 is to approve and substitute revised Site Plan Application No. 01-SP-07 for Site Plan Application No. 00-SP-09 regarding the construction of the Tower Residences at the Ritz-Carlton Hotel; that previously approved Ordinance No. 00-4209 rezoned a .76 acre portion of the 1.99 acre parcel from the Multi-Family Residential-5 (RMF-5) Zone District to Commercial, Central Business District (C-CBD) Zone District and conditioned development of the entire site plan upon construction in accordance with Site Plan Application No. 00-SP-09; that the property owner desires to modify Site Plan Application No. 00-SP-09 as provided in new Site Plan Application No. 01-SP-07; that an amendment to Ordinance No. 00-4209 is required to substitute the revised site plan for the former. site plan. Ms. Murphy stated that the Zoning Code (1998) outlines major and minor changes to site plans; that Staff determined the change in the building footprint which was the one-foot setback and the clipping of the corners a major modification; that the type of landscaping changes are designated in the Zoning Code (1998) as a major change; that the Zoning Code (1998) indicates height is a major change; that the elements were reviewed for compliance with the Zoning Code (1998) and the City's Comprehensive Plan; that the review is in the Staff report included in the Agenda backup material; that the shift in the setback of one foot away from Sunset Drive was a major concern of the neighbors; that a number of the neighbors visited Staff and compared the new and old site plans for changes and effects upon the community; that the major effect will result from the squaring of the corners which has some impact upon the view corridors of certain units in One Watergate Condominiums; that the residents of One Watergate Condominiums were noticed and had thè opportunity to review the plans and comment; that many expressed the trade-off is a more synchronized visual effect with the existing Ritz-Carlton Hotel. Ms. Murphy continued that Staff has received a significant amount of contact concerning the construction staging in the area; that the residents along Sunset Drive requested "no parking" signs along Sunset Drive during the first series of public hearings; that the signs have been put in place; that the construction, phasing, and staging plan was coordinated with and distributed to surrounding neighbors; that the neighbors know who to contact with issues and concerns; that the City has received few complaints; that the amount of area in which to locate vehicles becomes more scarce as the buildings are constructed; that some neighbors have indicated parking is a concern; that Staff has initiated a process for public input; that the original approval was for 130 total units for Phases I and II; that the Applicant had reduced the 80 units permitted in the previous site plan; that the increase in units will be returned to the DRC prior to second reading to ensure no other determination is affected. BOOK 48 Page 20736 03/05/01 6:00 P.M. BOOK 48 Page 20737 03/05/01 6:00 P.M. Vice Mayor Hogle requested that Affected Persons come forward; and the following Affected Person came before the Commission: Dr. Leonard Apfelbach, 99 Sunset Drive (34236), representing Lawrence Pointe Condominium stated that his personal residence is across Sunset Drive from the garbage egress and moving truck access to the project; that the residents do not oppose the building; that a condominium has been personally owned for almost 20 years; that the growth of the City is supported; that the footprint of the building is too large at the base; that the upper portion of the building is well away from Sunset Drive; however, the proximity of the building is only one foot from the lot line; that the two-story garage area along Sunset Drive is too close to the street and not compatible with construction on a residential street; that the street will no longer be residential but rather for garbage trucks, commercial vehicles, and parking for the Ritz-Carlton Hotel; that his personal residence is 75 feet from the lot line which is more appropriate; that the desire is to see the proposed building moved five or six feet from the lot line which would require shrinkage of the garage. Dr. Apfelbach continued that the landscaping is on the south and east sides; that the one foot between the building and the lot line may be enough room for some tall Mediterranean Cyprus trees; that perhaps other shrubs may be placed near the street; that the window boxes at the top of the garage are appreciated but will not be seen from the street; that the small size of the garbage collection site and the location of the loading site is objectionable; that commercial vehicles will extend across the sidewalk and into the street while backing into the building; that the street may be partially blocked by commercial vehicles, causing difficulty for emergency vehicles, even if only stopping for short periods of time; that the residents of Sunset Drive have recently received significant amounts of dirt and dust from the present construction which will continue with the Phase II Ritz Tower; that plastic covering over wire fencing is not adequate; that a wooden fence or other impervious fence along Sunset Drive should be required to protect the residents and other buildings from additional dust; that the surrounding buildings should be washed at the end of the construction; that some buildings were recently painted prior to: the construction began and are now dirty; that the proposed building's general appearance will be nice and is welcomed; however, the traffic on Sunset Drive will not. be welcomed; that a stop light should be placed at the east Ritz-Carlton Hotel entrance to allow vehicles to move north into the Downtown. City Auditor and Clerk Robinson stated that no other interested persons have signed up to speak. Vice Mayor Hogle requested that the Applicant come forward for rebuttal. Attorney Rees stated that the Applicant has no rebuttal. Vice Mayor Hogle requested that the City come forward for rebuttal. Ms. Murphy stated that the turn radius along the service drive was reviewed by the Engineering Department and the Building and Fire Plans Examiner and will be reviewed in further detail upon submittal of construction plans to ensure the radii can be safely maintained; that requirements in the Zoning Code (1998) concern particulate abatement to ensure . the dust from the construction is minimized; that Staff will ensure the staging and phasing plans are provided to the Department of Neighborhood Development and subsequently to the presidents of the various condominium associations sO concerns can be passed to the Applicant; that the Applicants for all projects in the area have issued statements supporting a stop light on First Street and US 41 throughout the process. Commissioner Cardamone stated that the possibility of a stop light on First Street and US 41 should be investigated; that turning north to Downtown from the area is difficult; that an effort is being made to promote a pedestrian-friendly atmosphere Citywide; and asked if the Applicant can remove some of the dust : from the surrounding buildings? Ms. Murphy stated that Staff has provided suggestions to address good neighbor issues; that the Applicant has indicated a desire to participate in good neighbor policies. Commissioner Cardamone stated that area residents have tolerated a significant amount of aggravation; that the new Ritz-Carlton building will be completed soon; that the construction has a significant impact on the area; that the Applicant's desire to be a good neighbor is appreciated. Vice Mayor Hogle stated that the Affected Person has no rebuttal. BOOK 48 Page 20738 03/05/01 6:00 P.M. BOOK 48 Page 20739 03/05/01 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 Ordinance No. 00-4296 by title only. On motion of Commissioner Cardamone and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4296 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) : Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM V) #1 (3440) through (3732) The following people came before the Commission: Thomas Luzier, 1130 Pomelo Avenue (34246), representing the Historic Preservation Committee, stated that a memorandum to the Commission from the Historic Preservation Committee concerning the adoption of an historic preservation chapter was submitted to the City Manager's Office; that questions can be answered or updates provided if necessary; that a commitment was made on behalf of the Historic Preservation Committee at the January 16, 2001, Regular Commission meeting to provide substantive comments to the proposed historic preservation element to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), by March 15, 2001; that since January 16, 2001, the Historic Preservation Committee and the Historic Preservation Board have met and discussed an historic preservation element and developed a draft which was presented to the Planning and Development Department ahead of schedule; that the Planning and Development Department will address the draft at the March 13, 2001, Historic Preservation Board meeting. Commissioner Quillin stated that the work of the Historic Preservation Committee is appreciated. Vice Mayor Hogle agreed. Richard Smith, 2070 Ringling Boulevard (34237), representing the Bridge Too High Committee (BTH Committee), stated that the Commission's support of the abatement of construction permitting for the proposed Florida Department of Transportation (FDOT) John Ringling Causeway replacement bridge pending a decision of the First District Court of Appeal (First DCA) is appreciated; that FDOT agreed to the abatement of construction permitting for a reasonable time to provide the First DCA an opportunity to rule on the City's appeal; that the action was sensible; that having the City join in recommending the abatement to FDOT was of assistance; that the desire is to express the appreciation of the BTH Committee to Mayor Pillot and Commissioner Cardamone, who will be leaving the Commission after years of faithiul service, have provided courageous leadership along with other members of the Commission, and have stood up for the principle of requiring government officials to follow the rule of law as do other citizens; that the support of the Commission is appreciated; that the hope is the First DCA will rule in the near future in a favorable manner regarding the City's appeal. 12. UNFINISHED BUSINESS: DISCUSSION RE: : PLANNING FOR THE CITY'S 100TH ANNIVERSARY - AGREED TO FORM A COMMITTEE TO PLAN THE CELEBRATIONS AND ACTIVITIES COMMEMORATING THE CITY'S UPCOMING 100TH ANNIVERSARY (AGENDA ITEM VI-1) #2 (0065) through (0165) Commissioner Quillin stated that a discussion was held with Staff regarding the City's upcoming 100th anniversary to begin collecting information and data to budget funds in the City's fiscal year (FY) 2001/02 budget for celebrations or activities; that a committee including City Auditor and Clerk Robinson and Carolyn Hereford, Executive Assistant to the City Manager, is suggested; that further discussions will be held to finalize the necessary information for the FY 2001/02 budget; that input concerning the City's upcoming 100th anniversary is desired from the Commission and the public; that a mobile will be created for City Hall and should relate to the City's 100th anniversary; that Staff will provide further information regarding the mobile at a future Commission meeting. Commissioner Cardamone stated that the mobile should be related to the City's 100th anniversary; that input from the public should be sought for any celebrations concerning the City's 100th anniversary. Vice Mayor Hogle concurred and stated that the formation of a planning committee for the City's upcoming 100th anniversary celebration is supported. BOOK 48 Page 20740 03/05/01 6:00 P.M. BOOK 48 Page 20741 03/05/01 6:00 P.M. Commissioner Quillin stated that the public will appreciate celebrating the City's 100th anniversary; that the possibility of revising the City Seal will also be examined; that celebrations concerning the City's 100th anniversary should occur during FY 2002/03. Commissioner Cardamone agreed. Vice Mayor Hogle stated that hearing no objections, a planning committee comprised of Commissioner Quillin, City Auditor and Clerk Robinson, and Carolyn Hereford, Executive Assistant to the City Manager, is established to plan celebrations and activities commemorating the City's upcoming 100th Anniversary. 13. UNFINISHED BUSINESS: APPROVAL RE: : HOUSING PROGRAM GUIDELINES FOR THE HOUSING PARTNERSHIP, COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO), DOWN PAYMENT ASSISTANCE, - AND PURCHASE/REHABILITATION PROGRAMS - APPROVED THE POLICY GUIDELINES AND AMENDMENT NO. 4 TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (AGENDA ITEM VI-3) #2 (0165) through (0800) City Manager Sollenberger stated that the housing program guidelines for the Housing Partnership (HP), Community Housing Development Organization (CHDO), Down Payment Assistance (DPA) and Purchase/Rehabilitation (P/R) Programs will be presented; that the housing program guidelines are subject to the approval of both the Commission and the Sarasota Board of County commissioners (BCC) i that the housing program guidelines were previously reviewed by the BÇC, which indicated input from the Commission is desired prior to BCC approval. Donald Hadsell, Director of Housing and Community Development, came before the Commission, referred to displayed computer- generated slides throughout the presentation, and stated that the housing program guidelines were developed for the HP, CHDO, DPA and P/R Programs; that an amendment to the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan must be made to implement the housing program guidelines; that in July 2000, the Commission and the BCC adopted the Sarasota Consortium 2000 2005 Consolidated Plan (Consolidated Plan) which identified housing and community development needs in the City and County and indicated the manner in which Federal and State funds could be used to meet the identified needs; that Staff and local community members formed focus groups to develop policy guidelines for the housing assistance programs addressed in the Consolidated Plan and administered by the Office of Housing and Community Development; that the Florida Housing Coalition (FHC) provided assistance in tacilitating the focus group meetings; that the focus groups developed drafts of the housing program guidelines for presentation to the Commission and the BCC during October 2000; that after review of the draft guidelines, the Commission directed Staff to eliminate provisions which forgave housing loans after a period of time; that Staff revised the draft guidelines accordingly; that additional meetings were held with the focus groups to refine further the housing program guidelines according to the wishes of the Commission and the BCC. Mr. Hadsell continued that the HP and CHDO Program guidelines were presented to the BCC at the February 13, 2001, Regular BCC meeting; that the BCC voted to table the issue of the maximum sales price of housing units pending Eurther input from the Commission; that a summary of the BCC's discussion of the housing program guidelines is included in the Agenda backup material; that the State requires each local jurisdiction to establish a maximum sales price of eligible homes for SHIP funds awarded to low-income buyers; that the maximum sales price may not exceed 90 percent of the median sales price of homes in a particular County; that 90 percent of the median sales price of homes in the County is $181,909 for newly constructed homes and $162,189 for existing homes; that Staff requested each focus group recommend a maximum sales price; that the focus group for the DPA Program consisted of lenders, realtors, and neighborhood representatives and was divided in opinion concerning the maximum sales price; that certain members of the DPA Program focus group desired to maintain the current maximum sales price of $119,000; that other members desired to raise the maximum sales price to $132,000, which is the maximum sales price established by the Federal Housing Authority (FHA) i however, none of the members desiréd to reduce the maximum sales price; that 224 housing loans received DPA funds during fiscal year (FY) 1999/2000; that only three of the housing loans exceeded $100,000; that due to the lack of housing loans over $100,000, Staff recommended the maximum sales price be $120,000; that the focus groups concurred with Staff's recommendation; that the $120,000 maximum sales price is significantly less than the FHA- or SHIP-recommended maximum sales prices. Mr. Hadsell further stated that a similar process was utilized for the HP and CHDO Programs, ; that the non-profit developers BOOK 48 Page 20742 03/05/01 6:00 P.M. BOOK 48 Page 20743 03/05/01 6:00 P.M. participating in the HP and CHDO Program focus groups indicated the SHIP maximum sales price of $181,909 was too high for the local market and suggested the $120,000 maximum sales price be established for the HP and CHDO Programs also; that many non- profit developers indicated the $120,000 maximum sales price would never be realized; that the HP and CHDO Program guidelines establish the price of housing according to the lower value of either the actual cost of construction or the appraised value of the property; that local HP and CHDO homes have never exceeded a sales price of $94,995; however, the sales price of HP and CHDO homes continues to rise; that future HP and CHDO homes may be sold near the $120,000 maximum sales price; that the Commission previously indicated newly constructed HP and CHDO homes should not be plain in character and should reflect the character of the surrounding neighborhood which requires the expenditure of additional funds. Mr. Hadsell stated further that the maximum subsidy for the DPA Program is proposed at $6,000; that the maximum permanent subsidy for the P/R Program is $16,000; that the maximum permanent subsidy for the HP and CHDO Programs is $25,000; that each program requires applicants qualify for a first mortgage which funds the difference between the program subsidy and the sales price of the home; that applicants unable to qualify for a mortgage are unable to qualify for housing assistance subsidies; that non-profit developers should be encouraged to maintain lower housing prices. Commissioner Cardamone stated that incorporation of the Commission's concerns into the housing program guidelines is appreciated; and asked the potential subsidies and mortgage payment for the purchase of a home selling for $120,000? Mr. Hadsell referred to a computer-generated slide indicating the potential subsidies and financing for the purchase of a $120,000 home and stated that $120,000 is the maximum sales price according to the housing program guidelines; that a buyer purchasing a $120,000 home could receive $6,000 in DPA funds; that the first mortgage price for the buyer would be $114,000; that a hypothetical mortgage interest rate of 7.0 percent is utilized and represents an approximate average for the local housing market; that a hypothetical mortgage term of 30 years will also be assumed; that a monthly mortgage payment of $754 would result; that an additional $100 is added per month for home insurance and applicable -taxes; that the buyer of a $120,000 home would pay approximately $854 per month; that assistance will not: be awarded to applicants if the monthly payments exceeds 30 percent of the applicant's income; that - in the hypothetical example, an applicant purchasing a $120,000 home with housing program assistance would be required to have an annual income of $34,161. Commissioner Cardamone stated that $34,000 is not a low income. Mr. Hadsell stated that the Federal Department of Housing and Urban Development (HUD) establishes the qualifying incomes to receive housing assistance; that $34,161 is 80 percent of the current County median income. Commissioner Cardamone stated that persons with an annual income of $34,161 should easily be able to purchase a $120,000 home; therefore, housing assistance should not be necessary; that the majority of homes will sell for approximately $90,000; and asked the average price per square foot (sq. ft.) for the purchase of a home through the housing assistance programs? Mr. Hadsell stated that the average price per square foot is not definitely known; however, the majority of sold homes consist of approximately 1,200 sq. ft. and are sold for approximately $90,000; therefore, the average price per sq. ft. is approximately $75. Commissioner Cardamone stated that a 1,500-sq.-ft. home typically sells for $120,000 locally; that the current income requirement is unacceptable and should be lowered. Commissioner Quillin stated that a family with an income of $35,000 could not afford a $120,000 home; that a local two-bedroom home typically sells for $120,000; that the monthly mortgage payment ranges from $600 to $700; that more rental properties are required in the City for lower income families; that more moderately-priced homes such as bungalows are also required in the City for urban infill, which are usually constructed on lots 50 to 70 feet in width and length; that the majority of housing assistance homes should not be 1,200 sq. ft. Mr. Hadsell stated that the majority of the housing assistance homes are constructed on 50-foot lots; that a $120,000 home represents the maximum sales price; that families with eight members have requested to purchase a five-bedroom home; however, the majority of housing assistance homes have sales prices between $80,000 and $90,000; that the maximum sales price is established BOOK 48 Page 20744 03/05/01 6:00 P.M. BOOK 48 Page 20745 03/05/01 6:00 P.M. as a ceiling on housing sales prices; that the focus groups and Staff indicated $120,000 was highest potential sales price of housing assistançe homes in the local market; that the value of all homes in the local market has steadily increased in recent years and will probably continue to increase. Commissioner Quillin asked if Staff will provide a presentation regarding the P/R Program? Mr. Hadsell stated yes; that the P/R Program is being developed; that Staff anticipates the maximum sales price for a rehabilitated home will be greater than $120,000; that the assistance offered by each housing assistance program is derived according to annual income; that applicants for housing assistance must qualify according to a certain annual income; that the P/R Program allows applicants to borrow additional funds to repair and rehabilitate existing homes; that subsequently, the value of a rehabilitated home owned by a low-income family will increase significantly; that the value of existing homes in the local market has also increased significantly in recent years; therefore, the maximum sales price for rehabilitated homes must be increased; that the FHA established a maximum sales price of $162,000; that many local low-income families own homes valued at the FHA maximum sales price but still meet annual income requirements established for housing assistance programs; that such local low-income. families should be allowed to participate in the P/R Program. Commissioner Quillin asked the average sales price of the housing assistance homes recently constructed in the Laurel Park Neighborhood? Mr. Hadsell stated approximately $88,000. Commissioner Quillin asked if $88,000 includes the purchase of the land? Mr. Hadsell stated that $88,000 was the final sales price. Commissioner Quillin stated that a sales price of $88,000 represents low- to moderate-income housing. Commissioner Cardamone stated that a sales price of $88,000 is appropriate for low- to moderate-income housing; and asked the number of low- to moderate-income houses which will be constructed during FY 2000/01 and the number of constructed homes selling for $120,000? Mr. Hadsell stated that approximately 25 to 30 homes will be constructed during FY 2000/01; that none of the constructed homes will sell for $120,000. Commissioner Cardamone asked if $120,000 will be a ceiling for the sales prices of housing assistance homes? Mr. Hadsell stated yes. Commissioner Cardamone asked the average price of the homes which will be constructed during FY 2000/01? Mr. Hadsell stated approximately $100,000; that all construction costs are financed for the buyer and the developer; however, the buyer repays all costs except the down payment assistance; that developers are also beginning to finance construction costs, which reduces the subsidies provided by housing assistance programs. City Manager Sollenberger stated that the Administration recommends approving the policy guidelines for the Housing Partnership, Community Housing Development Organization, Down Payment Assistance and Purchase/Rehabilitation Programs and approving Amendment No. 4 to the SHIP Local Housing Assistance Plan. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to approve the policy guidelines for the Housing Partnership, Community Housing Development Organization (CHDO), Down Payment Assistance and Purchase/Rehabilitation Programs and Amendment No. 4 to the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan. Motion carried unanimously (4 to 0): Cardamone, yes; Mason, yes; Quillin, yes; Hogle, yes. Commissioner Cardamone stated that the Commission's discussion of housing assistance programs at the current meeting will be reviewed by the BCC, which should be. informed $120,000 homes were not purchased with housing assistance funds; that the average sales price of a housing assistance home should also be provided; that the BÇC should also be informed of the Commission's approval of the $120,000 maximum sales price with the expectation no housing assistance home will be sold for $120,000 in the near future. Mr. Hadsell stated that a summary of the Commission's discussion of housing assistance programs at the current meeting will provided to the BCC. BOOK 48 Page 20746 03/05/01 6:00 P.M. BOOK 48 Page 20747 03/05/01 6:00 P.M. Commissioner Cardamone stated that the summary should accurately reflect the concerns of the Commission. 14. UNFINISHED BUSINESS: STATUS REPORT RE: BAYFRONT PARK IMPROVEMENT PROJECT - REPORT PROVIDED (AGENDA ITEM VI-4) #2 (0800) through (1840) City Manager Sollenberger stated that a status report regarding the Bayfront Park Improvement Project will be presented; that the Commission indicated concern for the progress of construction at the February 19, 2001, Regular Commission meeting and requested Staff provide a report. William Hallisey, Director of Public Works, and Jeff Streitmatter, P.E., Project Manager, Kimley-Horn and Associates, Inc. Kimley-Horn), came before the Commission. Mr. Hallisey referred to displayed computer-generated slides of the project throughout the presentation and stated that the Bayfront Park Improvement Project includes shoreline protection, seawall rehabilitation, restroom construction, sidewalk reconstruction, and landscaping and irrigation improvements; that improvements to the steigervaldt-Jockey Fountain, also called the children's fountain, are also being constructed simultaneously with the Bayfront Park Improvement Project, which has several construction elements; that the first construction element concerns shoreline stabilization; that the existing Bayfront Park seawall was rebuilt; that rock revetments were also constructed to further stabilize the renovated seawall; that the beach area of Bayfront Park will be maintained and will be aesthetically pleasing; that rock revetments were constructed along the beach area to prevent further erosion; that a storm occurred recentlyi that the rock revetments successfully prevented any erosion of the beach area during the storm. Mr. Hallisey continued that the second construction element of the Bayfront Park Improvement Project concerns the construction of new restroom facilities funded from revenues of the Local Option Sales Tax (L.O.S.T.) extension, also called the penny sales tax; that the new restroom facilities were required to receive approval for the improvements to the children's fountain; that the nearby sewage pump station was upgraded prior to commencing construction of the new restroom facilities; that improvements to the sewage pump station required significant equipment which was not aesthetically pleasing to the public; that complaints were received; that significant digging was required and was not pleasing to the general public but was necessary to relocate the sewage pump station eight feet underground; that as a result, Bayfront Park will be further beautified upon completion of the construction; that the sewage pump station, which is not aesthetically pleasing, will be shielded from site; that the design of the concrete roof for the new restrooms is similar to O'Leary's Coastal Rentals, Inc. (O'Leary's) and was difficult to implement; that pouring the concrete for the roof on top of the existing walls was required; that construction of the new restrooms has not been completed due to complications regarding the concrete roof. Mr. Hallisey further stated that the third construction element is the renovation and repair of the existing restroom facilities at the Bayfront Park, which are over 40 years old; that the final construction element concerns landscaping and sidewalk repairs; that the landscaping for the project includes the installation of new irrigation systems and St. Augustine grass; that another construction project on Gulf Stream Avenue was recently completed to upgrade the reclaimed water system along the Bayfront; that reclaimed water will be used to facilitate the growth and maintenance of new and existing St. Augustine grass at Bayfront Park. Mr. Streitmatter referred to displayed computer-generated slides of the project and stated that the Bayfront Park Improvement Project was unique and challenging; that significant complications were encountered; that separate projects to remedy the encountered complications were necessary; that the project team was diverse; that the civil engineering required for the project concerned developing the site plan, determining the appropriate location of the restroom facilities and designing the necessary utilities; that coastal engineering was required for the shoreline stabilization; that landscaping architectural engineering was required to design further beautification of Bayfront Park; that Barger and Dean Architects, Inc., was responsible for the architectural design of the new restroom facilities and of the remodeling of the existing restroom facilities. Mr. Streitmatter continued that the appropriate permits were obtained from the Florida Department of Environmental Protection (DEP), the United States Army Corps of Engineers (USACE), and the Southwest Florida Water Management District (SWFWMD) to complete construction of the shoreline stabilization; that. the Department of Building, Zoning and Code Enforcement reviewed the plans for BOOK 48 Page 20748 03/05/01 6:00 P.M. BOOK 48 Page 20749 03/05/01 6:00 P.M. the shoreline stabilization and the construction of the new restroom facilities; that the Sarasota County Health Department also inspected the plans for the new restroom facilities prior to approving the issuance of a permit to commence construction of the renovations to the children's fountain. Mr. Streitmatter further stated that the project was first implemented in May 1999; that a shoreline stabilization study was conducted to determine the appropriate method to assure the protection of the existing shoreline and to maintain the aesthetics and functional elements of Bayfront Park; that the project has been implemented as approved by the Commission; that a requirement for project implementation was maintaining access to all facilities of Bayfront Park during construction; that access to all facilities was maintained; that the project was bid during May 2000 and awarded in July 2000; that construction was scheduled to commence July 2000 and terminate March 2001; that the selected contractor was awarded a 240-day construction contract; that construction commenced during July 2000; that the originally scheduled completion date was during March 2001. Mr. Streitmatter stated further that the construction schedule has not been maintained; that certain complications occurred which delayed construction; that the contractor encountered a number of unknown field conditions during construction; that Staff is responsible for identifying the location of existing utilities prior to commencing or approving construction in the City; that the appropriate research of existing utilities was conducted; however, a City map indicating the location of an existing sanitary force main at Bayfront Park was incorrect; that relocating the sanitary force main was required and consumed significant time; that a temporary bypass connection was installed to negate any impact on the operation of O'Leary's; that Florida Power and Light (FP&L) decided to relocate existing electrical transformers at Bayfront Park during construction; that the existing electrical transformers were previously located near O'Leary's and were relocated directly in front of the entrance to the new restroom facilities; that Staff, the contractor, and FP&L coordinated efforts to relocate the electrical transformers during construction; that the City provided a portable generator to maintain power to O'Leary's; that the relocation of the sanitary force main and the existing electrical transformers required - the contractor to temporarily suspend construction until the required utilities improvements were completed; that the delay consumed approximately 66 days of construction. Mr. Hallisey stated that the renovations to the children's fountain were authorized during December 2000; that the design of the renovations to the children's fountain was recently completed; that construction of the renovations should commence in approximately two weeks; that the new equipment building for the children's Eountain will be constructed next to O'Leary's primarily for aesthetic considerations; that the new filtration and disinfection systems are large, would not fit in the existing equipment building located near the children's fountain, and will be installed in the new equipment building; that locating the new equipment building near O'Leary's will minimize the sight impact to the public; that the new filtration system is approximately 16 by 25 feet, includes all necessary filtration and disinfection equipment, will be easier to maintain than the previous filtration system, and will be removed from the public's view at the children's fountain; that underground water and electrical conduits will connect the children's tountain and the new equipment building; that the new filtration system will require additional power; that fencing and brick landscaping will also be installed to further beautify Bayfront Park. Mr. Hallisey continued that the construction schedule was revised; that the shoreline stabilization element was completed as scheduled; that new restroom facilities will be completed by the end of March 2001 despite delays; that Staff was unable to begin construction of the new restroom facilities until September 2000; that permission to enter the facilities of O'Leary's was delayed until renegotiation of the City's lease agreement was considered; that the renovation of the existing restroom facilities will be completed by April 2001; that Bayfront Park visitors and patrons of O'Leary's will use the new restroom facilities while the existing restroom facilities are renovated; that the children's fountain renovations will commence. in approximately two weeks and should be completed by the end of May 2001; that a significant effort will be undertaken to complete the renovations to the children's fountain prior to the end of May 2001; that landscaping improvements will be designed and implemented as the various construction elements are finished; that all construction should be complete by the end of May 2001. Commissioner Quillin asked if the old equipment room near the children's fountain will be utilized following completion of renovations? BOOK 48 Page 20750 03/05/01 6:00 P.M. BOOK 48 Page 20751 03/05/01 6:00 P.M. Mr. Hallisey stated that the old equipment room will be utilized and will contain smaller filtration equipment; that the major filtration equipment will be relocated to the new equipment room. Commissioner Quillin asked if the new landscaping will be installed around the old equipment room? Mr. Hallisey stated yes; that new landscaping will be installed to improve the aesthetics near the old equipment room and around the children's fountain. Commissioner Cardamone stated that the status report is appreciated; that Staff's explanation of the construction delays is understood; that Bayfront Park is among the most important City attractions; that construction should have been completed sooner; that a construction period of 11 months is unacceptable for an important City attraction. V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the improvements to Bayfront Park consist of two projects: 1) the Bayfront Park Improvement Project, and 2) the renovations to the children's fountain which should be considered separately from the first project; that the Bayfront Park Improvement Project was initiated prior to renovations to the children's fountain, which required significant input from the Sarasota County Health Department and other County Staff; that significant and lengthy negotiations were required to determine the necessary renovations to meet the health requirements for continued public use of the children's fountain; * that the renovations to the children's fountain were designed much later than the Bayiront Park Improvement Project. Commissioner Cardamone stated that the Commission was previously informed the renovations to the children's fountain would be completed during April 2001; that the renovations to the children's fountain will probably not be completed until after May 2001; that the Commission is criticized by constituents if significant construction delays on important projects occur; that furthermore, the children of the City could have been using the children's fountain during the previous three weeks; that visiting children will not be able to use the children's fountain during the height of the tourist season during April 2001; that the two projects should have been completed earlier. Commissioner Quillin asked if the sidewalks at Bayfront Park were repaired? Mr. Hallisey stated that the sidewalks will be repaired in 30 to 45 days; that the contractor must complete the shoreline stabilization prior to the repair of the sidewalks. Commissioner Quillin stated that Staff indicated the shoreline stabilization was completed. Mr. Hallisey stated that is correct; that the contractor recently- completed the shoreline stabilization and will proceed to repairing the sidewalks soon. Commissioner Quillin stated that the sidewalks at Bayfront Park sustained significant damage, represent a danger to the public, and should be repaired as soon as possible; that the repairs to the sidewalks will probably not be completed for another 60 days. Mr. Hallisey stated that the actual construction of the repairs to the sidewalks will only take two to three weeks; that the contractor should commence repairs to the sidewalks within two weeks; therefore, the repairs to the sidewalks will be completed within four to five weeks. Commissioner Quillin stated that the sidewalks collapsed at certain locations in Bayfront Park and should be repaired immediately; that the new restroom facilities should have been constructed sooner; that a construction period of eleven months is unacceptable for an important City attraction; that the City's infrastructure records only date to the 1960s; that Staff should have better researched the potential for complications to interfere with the completion of the project; and asked if the City updated existing infrastructure records at the time of previous renovations to Bayfront Park? Mr. Hallisey stated that existing City records did not indicate the complications which delayed construction; that the best available City records were utilized to design the Bayfront Park Improvement Project and the renovations to the children's fountain; that the City's records did not reflect actual field conditions. Commissioner Quillin stated that a portion of Osprey Avenue was recently improved; however, the improved portion of Osprey Avenue was destroyed shortly after the completion of construction due to required infrastructure improvements; that BOOK 48 Page 20752 03/05/01 6:00 P.M. BOOK 48 Page 20753 03/05/01 6:00 P.M. Staff should better examine the required infrastructure improvements prior to commencing construction at a particular location; that a similar situation occurred at Links Plaza and cost the City approximately $800,000 in additional intrastructure and construction costs; and asked if the new restroom facilities consist of concrete block? Mr. Hallisey stated yes. Commissioner Quillin stated that the desire. of FP&L to relocate existing electrical transformers is understood; however, the relocation of the existing electrical transtormers should not have cost the City significant time and funds; and asked if the FP&L was properly noticed of the City's construction plans at Bayfront Park? Mr. Hadsell stated yes. Commissioner Quillin asked if FP&L reviewed the City's construction plans for the Bayfront Park Improvement Project and the renovations to the children's fountain? Mr. Hallisey stated yesi that FP&L reviewed the City's construction plans and agreed not to interfere with the City's construction efforts; however, FP&L also experienced significant complications which delayed and interfered with the City's construction efforts at Bayfront Park; that Staff has considered and researched means to avoid similar complications during future projects; that subsurface investigations could be utilized for future projects at which the location of existing utilities is a concern; however, subsurface investigations require the purchase and utilization of expensive equipment; that the City's existing records were considered accurate prior to the commencement of construction and were updated accordingly; that another option to facilitate construction efforts is to solicit bids from contractors for expedited construction schedules allowing a second or third shift of construction; that expedited construction schedules cost significantly more; that such options could be presented to the Commission to determine the appropriate costs for a particular project. Commissioner Quillin stated that the City's records were not meticulously maintained in the 1960s; that maintaining the City's infrastructure becomes increasingly important as more local properties are developed and redeveloped; therefore, the importance of accurate records ànd data similarly increases; that an expedited construction schedule should have been implemented to repair the sidewalks at Bayfront Park; that a significant number of people use the sidewalks for recreational walking; that a path should be provided for recreational walkers if the sidewalks cannot be repaired soon. Mr. Hallisey stated that the repair of the sidewalks is included in the Bayfront Park Improvements Project; that a portion of the sidewalk near the shoreline collapsed due to a number of strong storms and subsequent shoreline erosion during the previous summer and fall; that the repairs to the sidewalks could not commence until the shoreline erosion was repaired; that the shoreline stabilization was completed reçently; that construction of the repairs to the sidewalks will be initiated soon; that Staff will increase efforts to compiete future construction projects as originally scheduled. Vice Mayor Hogle stated that the Staff's efforts are appreciated; that the celebration to reopen all Bayfront Park facilities is eagerly anticipated. 15. BOARD APPOINTMENTS: : APPOINTMENT RE: BOARD OF ADJUSTMENT = APPOINTED CALVIN BRYANT AND STEPHEN LONG (AGENDA ITEM VII-1) #2 (1840) through (1895) City Auditor and Clerk Robinson stated that Charles Redding and Rick Liberi have resigned from the Board of Adjustment; that in accordance with Section III-302 (b), Membership, Zoning Code (1998), members of the Board of Adjustment must be electors of the City; that the following persons submitted applications to fill the vacated seats: Ernest Babb, Calvin Bryant, and Stephen Long. Commissioner Cardamone nominated Calvin Bryant and Stephen Long. Vice Mayor Hogle stated that hearing no other nominations, Calvin Bryant and Stephen Long are appointed to the Board of Adjustment. Commissioner Quillin stated that Mr: Liberi represented District 3 on the Board of Adjustment. Vice Mayor Hogle asked if Mr. Long resides in District 3? Commissioner Quillin stated yes. BOOK 48 Page 20754 03/05/01 6:00 P.M. BOOK 48 Page 20755 03/05/01 6:00 P.M. 16. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #2 (1895) There were no Commission Board or Committee reports. 17. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA STAFF TO PROVIDE A REPORT CONCERNING THE PENDING CASES OF THE NUISANCE ABATEMENT BOARD; AGENDA FOR THE MARCH 19, 2001, REGULAR COMMISSION MEETING TO BE REVIEWED; AND SCHEDULE OF THE ANNUAL GOAL - SETTING WORKSHOP TO BE REASSESSED (AGENDA ITEM X) #2 (1895) through (3600) COMMISSIONER MASON: : A. referred to a flyer of the Sarasota Openly Addresses Racism (SOAR) Committee and stated that the SOAR Committee is planning to hold a symposium on racism in the community on April 28, 2001; that funding for the symposium will be solicited through private donations; that the symposium will consist of a panel of 18 speakers and a keynote speaker; that each speaker will provide a five-minute presentation concerning personal encounters with racism; that the speakers include private citizens, a reporter from the Sarasota Herald- Tribune, members of the business community, and representatives of the religious community; that the symposium will meet for four hours to listen to the presentations of the 18 speakers and the keynote speaker; that a reception will be held following the symposium in the courtyard of the John and Mable Ringling Museum of Art; that significant participation is anticipated. B. stated that vehicles are illegally parking near the intersection of Lemon Avenue and First Street; that as a result, Sarasota County Area Transit (SCAT) buses are unable to make the wide turn required to First Street from Lemon Avenue; that Sarasota Police Department (SPD) indicated enforcement efforts would be increased and citations issued as appropriate. C. stated that a portion of the fence recently installed at Mary Dean Park is missing; that Staff should investigate and replace the fencing missing if necessary; that children who regularly use the park's playground indicated unknown men removed the fence. D. stated that a meeting of the SCAT Trolley Task Force was recently attended; that important information was obtained at the meeting; that invitations to attend the meeting were extended to Staff, who were unaware of the meeting; that Staff should be directed to attend future meetings of the SCAT Trolley Task Force. E. stated that the annual report of the Nuisance Abatement Board was included under Consent Agenda No. 1, Item No. 1, and indicates several pending cases remain; that a report on all pending cases should be provided to the Commission. COMMISSIONER QUILLIN: A. stated that the Agenda for the March 19, 2001, Regular Commission meeting will contain a significant number of items; that the March 19, 2001, Regular Commission meeting could be scheduled to begin in the afternoon to consider a number of the Agenda items and continued to the normal meeting commencement time of 6 p.m. to reduce the lateness of the meeting and asked if any other Commission meetings are scheduled for March 19, 2001? City Auditor and Clerk Robinson stated no. Commissioner Quillin stated that the March 19, 2001, Regular Commission will extend late into the night if a number of the Agenda items are not rescheduled for the afternoon. Vice Mayor Hogle stated that a March 19, 2001, afternoon Commission meeting cannot be attended due to other commitments. City Manager Sollenberger stated that the Agenda of the March 19, 2001, Regular Commission meeting will be discussed with the City Auditor and Clerk; that the Agenda will be revised if necessary; that Agenda items could be delayed to future Commission meetings if necessary. Commissioner Quillin stated that each Agenda item requires significant consideration; that certain Agenda items of the March 19, 2001, Regular Commission meeting should be. scheduled for consideration in the afternoon of March 19, 2001, if possible. BOOK 48 Page 20756 03/05/01 6:00 P.M. BOOK 48 Page 20757 03/05/01 6:00 P.M. B. stated that a meeting of the Tampa Bay Partnership and Transportation Roundtable was recently attended; that reports were reviewed concerning ongoing State and local transportation projects; that the possibility of a high- speed train in the region was discussed; that locating a high-speed train depot in Sarasota was discussed; that information obtained at the meeting will be provided for Commissioners to review; that locating a high-speed train depot will be discussed at a future meeting of the Sarasota/Manatee Metropolitan Planning Organization (MPO) ; that alternative transportation concepts should be further researched. C. stated that the upcoming Legislation Action Day of the Florida League of Cities, Inc. (FLC), should be attended by Commissioners. Vice Mayor Hogle stated that the Manasota League of Cities, Inc. (MLC), discussed the Legislation Action Day at a recent FLC Legislative Strategy meeting; that two to four local elected officials from the municipalities of Manatee and Sarasota Counties will be sent on a variety of dates to lobby the Florida Legislature prior to the Legislation Action Day; that FLC has indicated the majority of important State policy decisions are made prior to the Legislative Action Day; that the intent is to influence State Legislators prior to final determination of State policy; that the Legislative Action Day will be discussed at a future MLC meeting. Commissioner Quillin stated that an attempt will be made to attend the Legislation Action Day. D. stated that the Sarasota/Bradenton International Airport (SBIA) is offering two daily flights to Tallahassee, one in the morning and one in the afternoon; however, the flights are often cancelled; that the Commission should send a letter indicating support for maintaining a regular schedule of flights to Tallahassee and encouraging additional flights to Tallahassee, especially during sessions of the Florida Legislature; that a trip to Tallahassee is planned during April 2001; however, a flight will be arranged from Tampa International Airport (TIA) due to the cancellation of flights from SBIA. Commissioner Mason stated that an early morning flight from SBIA to Tallahassee was recently reserved to attend a meeting; however, upon arrival, airline Staff indicated the flight would not leave until late morning, which would be too late to attend the meeting; that an error with the airline's insurance provider had occurred, resulting in temporary suspension of early morning flights to Tallahassee; that a car was rented for the trip to Tallahassee; that the airline subsequently paid for the rental car and provided a return flight to SBIA free of charge; that the owner of the airline offered a personal apology for the suspension of the flight; that the airline's performance was satisfactory and pleasing; that the services of the airline will be utilized in the future; that additional flights will probably be added from SBIA to Tallahassee in the Euture. Commissioner Quillin stated that the airline should offer additional flights from SBIA to Tallahassee and other municipalities; that local elected officials should be provided the ability to attend sessions and committee meetings of the State Legislature on short notice; that a flight from TIA to Tallahassee is offered every two hours; that the Commission should support additional flights from SBIA to Tallahassee. Vice Mayor Hogle concurred but stated that a flight was recently taken from TIA to Tallahassee; that flying to Tallahassee from TIA is not a burden; that TIA is offering additional flights to Tallahassee during sessions of the State Legislature; that a flight can be taken to Tallahassee in the morning with a return to TIA the same evening; that the services provided by TIA are satistactory. Commissioner Quillin concurred but stated that the Commission should support local businesses if possible; that local flights should also be available to facilitate Commissioner's trips to Tallahassee for educational purposes. E. stated that notification of the dates of the Commission's goal-setting workshop was not provided and asked if the Commission's goal-setting workshop is scheduled for April 19 and 20, 2001? Vice Mayor Hogle stated that the dates for the Commission goal- setting workshop were scheduled at the 3 p.m. February 5, 2001, Commission Workshop; that a Joint Meeting of the Commission and the Sarasota Board of County Commissioners (BCC) regarding County Emergency Management Services is scheduled for 10 a.m., April 20, 2001. BOOK 48 Page 20758 03/05/01 6:00 P.M. BOOK 48 Page 20759 03/05/01 6:00 P.M. Commissioner Cardamone stated that Commissioners were previously notified of the schedule of meetings for March and April 2001. City Auditor and Clerk Robinson stated that the schedule of meetings during March and April 2001 was sent to each Commissioner. Commissioner Quillin stated that a regular job is maintained; that the Capital Improvement Elements/Capital Improvement Projects (CIE/CIP) and Neighborhoods Workshops are also scheduled during April 2001; that sO many days of work cannot be missed; that the Commission's goal-setting workshop should be scheduled for only one day. Commissioner Cardamone stated that the Commission previously discussed scheduling the Commission's goal-setting workshop; that the schedule of meetings during April 2001 should be maintained. Commissioner Quillin stated that the Commission's goal-setting workshop was previously scheduled; that a facilitator is scheduled to attend but is not desired; that the Commission's goal-setting workshop should be utilized for strategic planning; that two new Commissioners will be elected and will attend the Commission's goal-setting workshop. Vice Mayor Hogle stated that a copy of the March and April 2001 schedule of meetings was provided to Commissioners recently; that the dates for the Commission's goal-setting workshop were scheduled at the 3 p.m., February 5, 2001, Commission Workshop; that the intent of the Commission's goal-setting workshop is to build rapport among Commissioners and establish the long-term goals of the Commission; that each Commissioner has a differing opinion regarding the Commission's long-term goals and the Agenda of the Commission's goal-setting workshop; that the Commission's goal-setting workshop is important; that personal meetings were cancelled or rescheduled to allow attendance at the Commission's goal-setting workshop; that the. existing schedule of meetings should be maintained; that the Commission's goal-setting workshop should be attended by all Commissioners; that two new Commissioners will be attending the Commission's goal-setting workshop; that building team rapport among Commissioners is important to the successful conduct of the Commission and should be emphasized as soon as the new Commissioners are elected; that the Commission must practice teamwork to successfully conduct the City's business. Commissioner Quillin stated that a facilitator is not required to build team rapport among Commissioners. Vice Mayor Hogle stated that a facilitator will assist Commissioners in building team rapport and establishing long-term goals. Commissioner Quillin stated that the Commission should focus on strategic planning during the Commission's goal-setting workshop; that a facilitator is not required and will be a distraction. Vice Mayor Hogle stated that the existing schedule of meetings for April 2001 should be maintained; that all candidates for the upcoming Commission election were informed of and rearranged personal schedules to attend the scheduled meetings; that the participation of all Commissioners at the Commission's goal- setting workshop is desired. Commissioner Quillin stated that the schedule of meetings for April 2001 was not received; that the Commission only decided to hold and identified the location for the Commission's goal-setting workshop; that the Agenda was not determined; that a facilitator who is not adequately familiar with the history or operation of the City and the Commission is not desired; that the Commission should focus on strategic planning for the implementation of the City of Sarasota, Downtown Master Plan 2020 (Master Plan 2020) i that priorities for the projects of the Master Plan 2020 should be determined and are important to Staff, whose schedule is determined according to the priorities of the Commission. Vice Mayor Hogle stated that the participation of all Commissioners at the Commission's goal-setting workshop is desired; that the City hired the facilitator utilized by the BCC during recent workshops; therefore, the facilitator will be familiar with the history and operations of local government. Commissioner Quillin stated that positive behavioral modification concerning the conduct of the Commission is proceeding; that a facilitator is not required; that the Commission should focus on formulating a strategic plan rather than on the behavioral modification of certain Commissioners; that Staff must be provided a strategic plan to schedule the appropriate time and efforts for the implementation of the City's projects; that the morale of Staff is currently low and should be positively remedied. BOOK 48 Page 20760 03/05/01 6:00 P.M. BOOK 48 Page 20761 03/05/01 6:00 P.M. COMMISSIONER CARDAMONE: A. stated that the SCAT Trolley Task Force is important to implementing the goal of a walkable, livable City; that the current trolleys are too large and loud and do not provide adequate service to the community; that the Commission expected the trolleys would be smaller and quieter and would provide wide-ranging service to the community; that the trolleys should be electric vehicles, which are very quiet; that the current trolleys are aesthetically pleasing but are too large and too similar in size to SCAT buses. B. stated that the FLC Legislation Action Day is scheduled after important State policies are determined; that members of the MLC concurred and indicated the FLC Legislation Action Day should be scheduled earlier; that significant legislation will already have been passed by the date of the FLC Legislation Action Day, which should be rescheduled. C. stated that a Commission Workshop should be scheduled with all of the City's advisory boards, which are important to the conduct and operation of the City; that a Commission Workshop with all of the City's advisory boards could be used to meet new advisory board members and exchange input concerning City topics. D. stated that strategic planning should not be determined during the annual Commission Goal-Setting Workshop but during a separate Workshop; that the annual Commission Goal-Setting Workshop has been utilized in the past to formulate the general goals of the City for the upcoming year and to build team rapport among Commissioners; that a facilitator is also utilized to provide Staff and the Administration the opportunity to present concepts to the Commission without administrative burdens; that a facilitator will also offer concepts not previously encountered by Commissioners, Staff, or the Administration and should be utilized. Commissioner Quillin stated that formulating a strategic plan is required prior to the development of the City's goals, which cannot be developed without a strategic plan; that a strategic plan should establish particular goals and projects for implementation within an allotted period of time; that the City's goals must be implemented. VICE MAYOR HOGLE: A. stated that graffiti was recently discovered on a wall in the Indian Beach/Sapphire Shores Neighborhood and was reported to the SPD, which had the graffiti removed within two days; that the efforts of SPD to quickly respond to the concerns of a Commissioner are appreciated. B. stated that the proposed Ordinance No. 01-4282 was set for public hearing under Consent Agenda No. 1 and concerns procedures for the removal and disposal of derelict or abandoned vessels or watercraft; that efforts of Staff to formulate proposed Ordinance No. 01-4282 are appreciated. Commissioner Cardamone asked the date of the public hearing to adopt proposed Ordinance No. 01-4282? City Auditor and Clerk Robinson stated that a public hearing to consider proposed Ordinance No. 01-4282 is scheduled for the March 19, 2001, Regular Commission meeting. C. stated that Siesta Key residents recently expressed satisfaction with the implementation of the slow-speed, minimum-wake boating zone in the Intracoastal Waterway near Siesta Key; that SPD cooperated with the County Sheriff's Department to successfully enforce the new speed regulations for watercratt; however, Siesta Key residents indicated the County did not have an ordinance which specitically allows the County Sheriff's Department to enforce the new speed regulations; that the Commission should indicate support for the drafting of a similar County ordinance. Vice Mayor Hogle stated that hearing the Commission's agreement, the recommendation to request the County adopt a speed regulation ordinance will be referred to the Administration for appropriate action. BOOK 48 Page 20762 03/05/01 6:00 P.M. BOOK 48 Page 20763 03/05/01 6:00 P.M. 18. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (3600) through #3 (0080) CITY AUDITOR AND CLERK ROBINSON: : A. stated that a Special Commission meeting is scheduled for March 14, 2001, at 2 p.m., in the Commission Chambers of the County Terrace Building to certify the results of the upcoming Commission elections. CITY MANAGER SOLLENBERGER: A. stated that the Florida Department of Community Affairs (DCA) recently notified the Administration of the approval of the City's application for an Urban Infill and Redevelopment Assistance Grant, only six of which were awarded Statewide; that the City's application was ranked second; that the City will received $300,000 in funding for improvements in the Gillespie Park and Park East neighborhoods. B. stated that Commissioner Mason recently attended a meeting of and successfully lobbied the Economic Development Subcommittee of the Florida Legislature to approve Enterprise Zone. C. stated that the Administration will be submitting an All-America City Award application; that the All-America City Award is very competitive; however, the City should be in a very competitive position for the award. 19. ADJOURN (AGENDA ITEM XII) #3 (0080) There being no further business, Vice Mayor Hogle adjourned the Regular meeting of March 5, 2001, at 9:01 p.m. - ALBERT F. HOGLE VICE MAYOR p 4 ATTEST: A - - A E6ere 68n BIILN, ROBINSON, CITY AUDITOR AND CLERK 390 2