Regular City Commission Meeting

BOOK 58 Page 29983 11/07/05 2:30 P.M.

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 7, 2005, AT 2:30 P.M.

PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd “Glossie” Atkins, Commissioners Danny Bilyeu, Lou Ann R. Palmer, and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson

ABSENT: None

The meeting was called to order by Mayor Servian at 2:30 p.m.

INVOCATION/ PLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson

1. CITIZENS' INPUT (AGENDA ITEM I)

The following people spoke: Stan Zimmerman, Chair of the Alta Vista Neighborhood Association (AVNA), indicating the AVNA was grateful for the Commission’s decision to fund approximately $7 million to fund the first phase of Payne Park and the AVNA voted unanimously to purchase a brick for the Fredd “Glossie” Atkins Park; gave $100 to the City for the brick; and encouraged everyone to vote at the November 8, 2005, referendum. Mark Herrli concerning the Consent Order from the Florida Department of Environmental Protection as a result of the sewage spills at Lift Station No. 7 and other locations throughout the City. Charles Kevin Senf recommending the City develop a comprehensive database of the City’s real property assets, congratulating the City for holding the Citizens Academy, and submitting an application to attend the Citizens Academy. (FTR 2:41)

2. CHANGES TO THE ORDER OF THE DAY

City Auditor and Clerk Robinson presented the following Change to the Order of the Day: A. Add under Unfinished Business, as Item VI-6, Approval Re: Appropriation of $13,000 to undertake a real estate appraisal of the Verna Well Field and the Pond as well as determining the value of their associated development rights per the request of Director of Planning and Redevelopment Robinson.

Mayor Servian presented the following Change to the Order of the Day: A. Change New Business Agenda Item No. XVII-4 to New Business Agenda Item No. XVII 1 and reorder the balance of the New Business Agenda items.

Mayor Servian noted Commission consensus to approve the Changes to the Order of the Day. (FTR 2:46)

3. APPROVAL OF MINUTES (AGENDA ITEM II)

Mayor Servian noted Commission consensus to approve the minutes of the Special Sarasota City Commission meeting of October 11, 2005, the Regular Sarasota City meeting of October 17, 2005, and the Sarasota City Commission Emergency meeting of October 20, 2005. (FTR 2:46)

4. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A)

MOTION: Approve Item Nos. 1, 2, 3, 4, 5, and 6 on Consent Agenda No. 1 OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Atkins, Servian, Bilyeu, Shelin NAYS: None ABSENT/ABSTAIN: None

1) Authorize the Mayor and City Auditor and Clerk to execute Municipal Services and Pre-Annexation Agreement for Mark R. Caruso for sanitary sewer service for a developed site located at 3920/22 and 3924/26 Freedom Avenue 2) Florida Department of Environmental Protection Land and Water Conservation Fund Program Project Agreement for Development of the West Bayfront Multi-Use Recreational Trail Bird Key/Coon Key Phase I Bird Key Park 3) Approve the Neighborhood Grant Review Committee’s recommendation for funding allocation, authorize the Administration to disburse $6,739.83 of funding allocated for the Neighborhood Grant Program (NGP) with $4,239.83 awarded for non crime-related projects, $2,500 for crime-related projects and authorize the Administration to execute an “Agreement for Neighborhood Grant Funding” with each association awarded funding 4) Authorize the Mayor and City Auditor and Clerk to execute the Sarasota Memorial Hospital (SMH) Major Encroachment Agreement 5) Award for Bid No. 05-50K to Tampa Contracting Services, Inc., in the amount of $1,014,094.66 for the Fredd “Glossie” Atkins Park Landscape Development Project 6) Delegate approval of the sub-lease/sub-agreement between the Fraternal Order of Police and Tip Top Tree of Sarasota, Inc., to the City Manager

5. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B)

In response to a point of information raised by Commissioner Palmer concerning clarification of Item No. 1, City Manager McNees stated that all the supplemental appropriations listed on Exhibit A of proposed Resolution No. 06R-1863 were included in the fiscal year 2004/05 budget but additional clarification concerning the supplemental appropriations for the Community Redevelopment Area liner building, the optional liner building in the Rosemary District, and funding for Downtown transportation will be provided.

City Auditor and Clerk Robinson read the titles of proposed Resolution Nos. 06R-1863, 06R-1864 and proposed Ordinance Nos. 05-4637 and 05-4653.

MOTION: Adopt Item Nos. 1, 2, 3, and 4 on Consent Agenda No. 2 with the condition the clarification requested for Item No. 1 will be provided OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Atkins, Servian, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

1) Proposed Resolution No. 06R-1863, amending the budget for the fiscal year beginning October 1, 2005 by appropriating funds to provide for the re-appropriation of the funding for projects that were budgeted in the previous fiscal year but not completed and a contract or purchase order had not been issued as of September 30, 2005, and to provide for supplemental appropriations in the amounts identified in Exhibit A; etc. (Title Only) 2) Proposed Resolution No. 06R-1864, designating to polling place for the Golden Gate Point Streetscape Special District Bond Referendum to be held on December 13, 2005; appointing the Clerk, Inspectors and Officer for said election; etc. (Title Only) 3) Proposed Ordinance No. 05-4637, amending the City of Sarasota Administrative Amendments to the Florida Building Code, section 104.6.1(6) as adopted by reference in Chapter 11, Article II, Sarasota City Code to increase the maximum amount for a zoning fee; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only) 4) Proposed Ordinance No. 05-4653, providing for the designation of the structure located at 1905 Alta Vista Street, historically known as the Pearsall House, as a structure of historic significance pursuant to the historic designation regulations of the City found in Article IV, Division 8 of the Zoning Code (2002 Edition) all as more particularly described herein; etc. (Title Only)(Application No. 05-HD-02, Applicant Mikki Hartig, as agent representing Carolyn Van Helden, Trustee of the Carolyn Jones Van Helden Trust, as owner)

BOOK 58 Page 29985 11/07/05 2:30 P.M.

6. UNFINISHED BUSINESS (AGENDA ITEM VI)

1) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 05-4644, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA; AMENDING SECTION 21-96, DEFINITIONS TO AMEND THE DEFINITIONS OF “CREDITED SERVICE”; AMENDING SECTION 24-97, MEMBERSHIP; AMENDING SECTION 24-101, CREDITED SERVICE; AMENDING SECTION 24-104, OPTIONAL FORMS OF PENSION; AMENDING SECTION 24-108, DISTRIBUTION OF BENEFITS; AMENDING SECTION 24-115, DIRECT TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION24-116, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 24-117, DEFERRED RETIREMENT OPTION PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC. (TITLE ONLY) (AGENDA ITEM VI-1)

Vice Mayor Atkins and Commissioner Palmer announced a potential conflict of interest regarding proposed Ordinance No. 05-4644 as the proposed Ordinance could result in a special private gain since both have the required ten years of service for vesting in the pension plan. (FTR 2:51)

City Auditor and Clerk Robinson read proposed Ordinance No. 05-4644 by title only.

MOTION: Adopt proposed Ordinance No. 05-4644 on second reading OUTCOME: Passed VOTE: Ayes 3 / Nays 0 / Absent 0 / Abstain 2 AYES: Shelin, Bilyeu, Servian NAYS: None ABSENT/ABSTAIN: Atkins, Palmer (Abstaining)

2) WITHDRAWAL OF REQUEST FOR AUTHORIZATION TO PURSUE LIDO BEACH FEDERAL PROJECT VIA SECTION 206 OF WRDA-92 AND REQUEST THE USACE TO PREPARE A PRECONSTRUCTION ENGINEERING AND DESIGN (PED) COST-SHARING AGREEMENT AND THEN BEGIN DESIGN OF THE PROJECT (AGENDA ITEM VI-2)

Following a presentation by City Engineer/Engineering Director Dennis Daughters, a motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to approve Staff’s recommendation to withdraw the March 20, 2003, request for authorization to pursue the Lido Beach Federal Project via Section 206 of the Water Resources Development Act of 1992; and request the United States Army Corps of Engineers prepare a Preconstruction Engineering and Design cost-sharing agreement and begin design of the project. (FTR 3:12)

3) EXPANSION OF CURRENT DESIGNATED COMMUNITY REDEVELOPMENT AREA TO INCLUDE THE AREA SUBJECT TO THE NEWTOWN REDEVELOPMENT PLAN (I.E. THE GEOGRAPHICAL AREA BOUNDED ON THE NORTH BY MYRTLE STREET; ON THE SOUTH BY 17TH STREET, ON THE WEST BY THE NORTH TAMIAMI TRAIL (U.S. 41) AND ON THE EAST BY WASHINGTON BOULEVARD (U.S. 301) (AGENDA ITEM VI-3)

City Attorney Fournier gave a presentation and requested the Commission authorize the preparation of a Resolution for a finding of blight supported by data and analysis to expand the boundaries of the Community Redevelopment Area and an Interlocal Agreement with Sarasota County concerning the County’s share of the funds paid into the Redevelopment Trust Fund and providing for the termination of the Downtown Redevelopment Area in 2016 and the continuation of the Newtown Community Redevelopment Area through 2036.

MOTION: Accept Staff’s recommendation to authorize the City Attorney to work with the Planning and Redevelopment Department and Attorney David Cardwell to prepare a Resolution to expand the boundaries of the Community Redevelopment Area and an Interlocal Agreement with Sarasota County OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Shelin, Servian, Bilyeu, Atkins NAYS: None ABSENT/ABSTAIN: None

4) DISASSEMBLY OF “MEMORY PATH” PUBLIC ART TO BE PLACED IN STORAGE FOR RECONSTRUCTION AT A FUTURE DATE (AGENDA ITEM VI-4)

Chief Planner John Burg, Planning and Redevelopment Department, gave a presentation concerning the artist’s response to the Commission’s action at the September 19, 2005, Regular Commission meeting to direct the disassembly and storage of the artwork entitled “Memory Path” located at Selby Five Points Park and stated that the artist indicated the proposed disassembly and storage was unacceptable and legally actionable.

City Attorney Fournier gave a presentation concerning the Visual Artists Rights Act (VARA) of 1990 and stated that the artist objected to the disassembly and storage without a guarantee the artwork would be repaired and the Commission would commit to the future display of the artwork but also offered to release her rights in exchange for a payment of $75,000.

MOTION: Not to commit to the restoration and future public display of the sculpture “Memory Path” and to decide as to the future location of “Memory Path” after the finalization of the Selby Five Points Park Plan OUTCOME: Passed VOTE: Ayes 4 / Nays 1 / Absent 0 / Abstain 0 AYES: Palmer, Shelin, Bilyeu, Servian NAYS: Atkins ABSENT/ABSTAIN: None

5) RESULTS OF THE 2005 CITIZEN SATISFACTION SURVEY (AGENDA ITEM VI-5)

Debra Figueroa, Assistant to the City Manager, gave a presentation concerning the results of the Citizen Satisfaction Survey conducted of 3,000 households including 1,500 single-family units and 1,500 multi-family units selected using a stratified systematic sampling method which had a return rate of 35% compared to an average return rate of 20 to 40%.

6) APPROPRIATION OF $13,000 TO UNDERTAKE A REAL ESTATE APPRAISAL OF THE VERNA WELL FIELD AND THE POND AS WELL AS DETERMINING THE VALUE OF THEIR ASSOCIATED DEVELOPMENT RIGHTS. (AGENDA ITEM VI-6)

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

NOVEMBER 7, 2005

CITY HALL

1565 First Street

Sarasota, FL 34236

City Commission Chambers

2:30 P.M. - 8:30 P.M.

CALL MEETING TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

1.

CITIZENS’ INPUT (AGENDA ITEM I)

2.

CHANGES TO THE ORDER OF THE DAY:

A.

Add under Unfinished Business, as Item VI-6, Approval Re: Appropriation of $13,000 to undertake a real estate appraisal of the Verna Well Field and the Pond as well as determining the value of their associated development rights per the request of Director of Planning and Redevelopment Robinson

Mayor Servian presented the following Change to the Order of the Day:

A.

Change New Business Agenda Item No. XVII-4 to New Business Agenda Item No. XVII 1 and reorder the balance of the New Business Agenda items.

3.

APPROVAL OF MINUTES (AGENDA ITEM II)

Minutes of the Special Sarasota City Commission meeting of October 11, 2005, the Regular Sarasota City meeting of October 17, 2005, and the Sarasota City Commission Emergency meeting of October 20, 2005. (FTR 2:46)

4.

CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A)(FTR 2:47):

1)

Authorize the Mayor and City Auditor and Clerk to execute Municipal Services and Pre-Annexation Agreement for Mark R. Caruso for sanitary sewer service for a developed site located at 3920/22 and 3924/26 Freedom Avenue

2) Florida Department of Environmental Protection Land and Water Conservation Fund Program Project Agreement for Development of the West Bayfront Multi-Use Recreational Trail Bird Key/Coon Key Phase I Bird Key Park

3) Approve the Neighborhood Grant Review Committee’s recommendation for funding allocation, authorize the Administration to disburse $6,739.83 of funding allocated for the Neighborhood Grant Program (NGP) with $4,239.83 awarded for non crime-related projects, $2,500 for crime-related projects and authorize the Administration to execute an “Agreement for Neighborhood Grant Funding” with each association awarded funding

4) Authorize the Mayor and City Auditor and Clerk to execute the Sarasota Memorial Hospital (SMH) Major Encroachment Agreement

5) Award for Bid No. 05-50K to Tampa Contracting Services, Inc., in the amount of $1,014,094.66 for the Fredd “Glossie” Atkins Park Landscape Development Project 6) Delegate approval of the sub-lease/sub-agreement between the Fraternal Order of Police and Tip Top Tree of Sarasota, Inc., to the City Manager

5.

CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B):

1)

Proposed Resolution No. 06R-1863, amending the budget for the fiscal year beginning October 1, 2005 by appropriating funds to provide for the re-appropriation of the funding for projects that were budgeted in the previous fiscal year but not completed and a contract or purchase order had not been issued as of September 30, 2005, and to provide for supplemental appropriations in the amounts identified in Exhibit A; etc. (Title Only)

2) Proposed Resolution No. 06R-1864, designating to polling place for the Golden Gate Point Streetscape Special District Bond Referendum to be held on December 13, 2005; appointing the Clerk, Inspectors and Officer for said election; etc. (Title Only)

3) Proposed Ordinance No. 05-4637, amending the City of Sarasota Administrative Amendments to the Florida Building Code, section 104.6.1(6) as adopted by reference in Chapter 11, Article II, Sarasota City Code to increase the maximum amount for a zoning fee; repealing ordinances in conflict; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only)

4) Proposed Ordinance No. 05-4653, providing for the designation of the structure located at 1905 Alta Vista Street, historically known as the Pearsall House, as a structure of historic significance pursuant to the historic designation regulations of the City found in Article IV, Division 8 of the Zoning Code (2002 Edition) all as more particularly described herein; etc. (Title Only)(Application NO. 05-HD-02, Applicant Mikki Hartig, as agent representing Carolyn Van Helden, Trustee of the Carolyn Jones Van Helden Trust, as owner)

6.