Regular City Commission Meeting

BOOK 58 Page 29803 04/04/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 4, 2005, AT 2:30 P.M.

PRESENT: Mayor Richard F. Martin, presiding, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, 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 Martin at 2:32 p.m.

INVOCATION/PLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson

A moment of silence was held in honor of the late Pope John Paul II.

1. CHANGES TO THE ORDERS OF THE DAY City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. IV-A-5, Approval Re: Proposed schedule to place a General Obligation Bond Issue Referendum on the November 1, 2005, ballot, and add to the Agenda for the April 25, 2005, workshop, per the request of City Manager McNees. B. Add Commission Presentations, Item XII-2, Designation of April 4, 2005, as the Day of Hope and designation of April 2005 as Child Abuse Prevention Month in the City of Sarasota, per the request of Commissioner Palmer.

Mayor Martin noted Commission consensus to approve the Changes to the Orders of the Day. (FTR 2:34)

2. ITEMS ON CONSENT AGENDA 1 AND 2 Commissioner Palmer removed the following items from Consent Agenda No. 1 for discussion: A. Item No. IV-A-2, Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Minor League Baseball Facility Lease between the City of Sarasota and the Cincinnati Reds LLC. B. Item No. IV-A-6, Approval Re: Appropriate Downtown Transportation Funds in the Tax Increment Financing (TIF) Fund to be utilized for the new position of a Downtown Construction Coordinator from TIF funds. (FTR 2:41)

City Auditor and Clerk Robinson stated that the items will be heard as New Business, Item Nos. VII-1 and -2. (FTR 2:35)

3. CITIZENS' INPUT (FTR 2:36) No one signed up to speak.

4. APPROVAL OF MINUTES Mayor Martin noted Commission consensus to approve the minutes of the Regular Commission Meeting of March 21, 2005, and the Special Commission Meeting of March 24, 2005. (FTR 2:36)

The Commission recessed into a session of the Community Redevelopment Agency at 2:37 p.m. and reconvened at 2:43 p.m.

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5. CONSENT AGENDA NO. 1 MOTION: Approve Item Nos. 1, 3, 4, 7, and 8 on Consent Agenda No. 1 OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Martin, Servian, Atkins, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

1) Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to the Baseball Facility Lease Agreement between the City of Sarasota and the Cincinnati Reds LLC 3) Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Paul W. and Arma Jo Allen for water and sanitary sewer service for a developed site located at 3960 Sunshine Avenue 4) Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Interlocal Agreement for Municipal Solid Waste Disposal between the Board of County Commissioners of Sarasota County and the City of Sarasota 7) Approve Fiscal Year 2004/05 Neighborhood Grant Program – March Cycle: $14,910.98 for the Neighborhood Grant Program; $7,835.00 for crime-related projects; and $7,075.98 for non crime-related projects 8) Authorize the Mayor and City Auditor and Clerk to execute a Professional Services Contract between the City of Sarasota and Post, Buckley, Schuh, and Jernigan, Inc., (RFP # 05-06K) for advanced Waste Water Treatment Plant Facility improvements (FTR 2:44)

6. CONSENT AGENDA NO. 2 MOTION: Adopt Item No. 1 on Consent Agenda No. 2 OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Martin, Servian, Atkins, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

1) Adopt proposed Ordinance No. 05-4612, amending the Sarasota City Code (1986), Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 3, The Van Wezel Performing Arts Hall Advisory Board to correct an inconsistency in the term of the student youth representative to the board from the Students Taking Active Roles (STAR) in Government Program of Sarasota County on second reading by title only (FTR 2:45)

7. UNFINISHED BUSINESS 1) REQUEST FOR AUTHORIZATION FOR THE CITY ATTORNEY TO DRAFT AN AMENDMENT TO THE NEW PASS GRILL AND BAIT SHOP LEASE MOTION: Authorize the City Attorney to prepare an amendment to the New Pass Grill and Bait Shop lease to add provisions formally defining the leasehold premises, allowing for the on-site consumption of beer and wine coolers, allowing for outdoor tables and chairs, and increasing the annual rent from $7,200 to $14,400. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Martin, Servian, Atkins, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

8. NEW BUSINESS 1) MINOR LEAGUE BASEBALL FACILITY LEASE BETWEEN THE CITY AND THE CINCINNATI REDS LLC MOTION: Authorize the Mayor and the City Auditor and Clerk to execute the Minor League Baseball Facility Lease between the City of Sarasota and the Cincinnati Reds LLC with the addition of the following language to Section 10(b)(iv) concerning the responsibility to provide athletic participants' insurance if the City assumes responsibility for maintenance of the field: The parties acknowledge that CITY shall have no obligation to provide athletic participants' insurance, or any other insurance, for the benefit of REDS. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Martin, Servian, Atkins, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

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2) APPROPRIATION OF DOWNTOWN TRANSPORTATION FUNDS FOR THE NEW DOWNTOWN CONSTRUCTION COORDINATOR POSITION MOTION: Appropriate Downtown Transportation Funds for the new position of Downtown Construction Coordinator. OUTCOME: passed VOTE: Ayes 4 / Nays 1 / Absent 0 / Abstain 0 AYES: Martin, Servian, Atkins, Bilyeu NAYS: Palmer ABSENT/ABSTAIN: None

9. CITIZENS' INPUT (FTR 2:59) No one signed up to speak.

10. COMMISSION BOARD AND COMMITTEE REPORTS A. In response to a report concerning the Sarasota Housing Authority by Vice Mayor Servian, Mayor Martin noted Commission consensus for the Administration to return with an action plan concerning the Sarasota Housing Authority (SHA) properties including consideration of in-house inspections of SHA properties for violations of the Zoning Code (2002 Ed.), the hiring of independent contractors to perform inspections with a special appropriation for funds if necessary, officially notifying tenants of the available recourse to call the City to request a code enforcement inspection, and requesting fire marshal inspection of all public housing units. (FTR 3:32)

11. REMARKS OF COMMISSIONERS A. In response to a comment by Commissioner Bilyeu concerning cellular telephone-related traffic violations, City Manager McNees stated that statistics from the Sarasota Police Department will be obtained to evaluate the need for an ordinance banning cellular telephone use while driving. (FTR 3:59) B. In response to a comment from Commissioner Bilyeu, City Manager McNees stated that the Sarasota Police Department and motor scooter vendors will be contacted concerning illegal use of motor scooters by children in the public right-of-way. (FTR 4:05) C. In response to a comment by Commissioner Bilyeu, Mayor Martin stated that the Administration will provide any information or issues requiring Commission decisions concerning a proposed conference center to the Commission as appropriate. (FTR 4:18) D. In response to a comment by Vice Mayor Servian, City Manager McNees stated that recommendations to address misuse of City property and water resources will be returned to the Commission. (FTR 4:25)

12. OTHER MATTERS/ADMINISTRATIVE OFFICERS A. Following a report by City Manager McNees concerning the lack of changes by the Commissioners to the 2004-2008 Strategic Plan (Strategic Plan), Mayor Martin noted Commission consensus to cancel the April 5, 2005, workshop concerning the Strategic Plan and place approval of the Strategic Plan on the Agenda for the April 18, 2005, Regular Commission Meeting. (FTR 4:27)

Mayor Martin noted Commission consensus to extend the meeting through the completion of City Attorney Fournier's comments. (FTR 4:29)

B. In response to a request from City Attorney Fournier for direction concerning presentation of the proposed Downtown Residential Overlay District Ordinance, Mayor Martin noted Commission consensus to withdraw an earlier direction to review the proposed ordinance prior to scheduling the public hearing before the Commission so the proposed Ordinance could be scheduled for a public hearing before the Commission at the May 2, 2005, Regular Commission meeting. (FTR 4:37) C. Following a report from City Attorney Fournier concerning applicability of the Visual Artists' Rights Act, Mayor Martin noted Commission consensus to refer the storage and partial destruction of the artwork “Sarasota Historical Portals” by artist Virginia Hoffman to the Public Art Committee for further consideration. (FTR 4:42) D. In response to a recommendation from City Attorney Fournier, Mayor Martin noted Commission consensus to schedule an item to discuss options for addressing concerns regarding the proposed rezonings for the Downtown area prior to scheduling a public hearing before the Commission. (FTR 4:44)

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The Commission recessed at 4:45 and reconvened at 6:03 p.m.

13. COMMISSION PRESENTATIONS 1) EMPLOYEE OF THE MONTH, MARCH 2005 – Diane Rogers, Accounting Technician II, Public Works Utilities Division. (FTR 6:10) 2) DESIGNATION OF APRIL 4, 2005, AS THE DAY OF HOPE AND APRIL 2005 AS CHILD ABUSE PREVENTION MONTH IN THE CITY OF SARASOTA – Gary Spencer and Lesley Seaton received the Proclamation on behalf of the Florida Center for Child and Family Development and the Save Children Coalition. (FTR 6:13)

14. NON QUASI-JUDICIAL PUBLIC HEARINGS 1) PROPOSED ORDINANCE NO. 05-4614, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS MOTION: Pass proposed Ordinance No. 05-4614 on first reading. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Martin, Servian, Atkins, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

2) PROPOSED ORDINANCE NO. 04-4552, AMENDING CHAPTER 2, ARTICLE V, DIVISION 5 RELATING TO CODE ENFORCEMENT, TO RENAME CODE ENFORCEMENT AS CODE COMPLIANCE; TO RENAME CODE ENFORCEMENT SPECIAL MASTER AS CODE COMPLIANCE MAGISTRATE; TO AMEND SECTIONS 2-306 THROUGH 2-320 TO CONFORM THERETO AND TO CLARIFY AND SIMPLIFY THE CODE COMPLIANCE ENFORCEMENT PROCESS; AMENDING SECTION 2-321 PERTAINING TO THE SCHEDULE OF CIVIL PENALTIES MOTION: Pass proposed Ordinance No. 04-4522 on first reading. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Martin, Servian, Atkins, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

15. CITIZENS' INPUT (FTR 6:26) No one signed up to speak.

16. NEW BUSINESS 1) APPEAL OF ADMINISTRATIVE DECISION TO DENY A REQUEST FOR A PERMIT TO VEND ON THE PUBLIC RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF LEMON AVENUE AND FIRST STREET James D'Esterre, proprietor of Annalida's, requested that the Commission approve a request to vend from a cart on the southwest corner of Lemon Avenue and First Street.

The following person spoke: Ed Wisbrun

MOTION: Permit Mr. D'Esterre to vend from a cart at the southwest corner of Lemon Avenue and First Street and allow negotiation by Staff of conditions including reserving the right of the City to relocate the cart during renovations to the fountain on the same corner and to limit the times during which vending may take place. OUTCOME: passed VOTE: unanimous

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

APRIL 4, 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.

CHANGES TO THE ORDERS OF THE DAY:

A.

Remove Consent Agenda No. 1, Item No. IV-A-5, Approval Re: Proposed schedule to place a General Obligation Bond Issue Referendum on the November 1, 2005, ballot, and add to the Agenda for the April 25, 2005, workshop, per the request of City Manager McNees.

B. Add Commission Presentations, Item XII-2, Designation of April 4, 2005, as the Day of Hope and designation of April 2005 as Child Abuse Prevention Month in the City of Sarasota, per the request of Commissioner Palmer.

2.

ITEMS ON CONSENT AGENDA 1 AND 2:

A.

Item No. IV-A-2, Approval Re: Authorize the Mayor and the City Auditor and Clerk to execute the Minor League Baseball Facility Lease between the City of Sarasota and the Cincinnati Reds LLC.

B. Item No. IV-A-6, Approval Re: Appropriate Downtown Transportation Funds in the Tax Increment Financing (TIF) Fund to be utilized for the new position of a Downtown Construction Coordinator from TIF funds. (FTR 2:41)

3.

CITIZENS’ INPUT (FTR 2:36)

4.

APPROVAL OF MINUTES:

Minutes of the Regular Commission Meeting of March 21, 2005, and the Special Commission Meeting of March 24, 2005. (FTR 2:36)

5.

CONSENT AGENDA NO. 1:

1)

Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to the Baseball Facility Lease Agreement between the City of Sarasota and the Cincinnati Reds LLC

3) Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Paul W. and Arma Jo Allen for water and sanitary sewer service for a developed site located at 3960 Sunshine Avenue

4) Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Interlocal Agreement for Municipal Solid Waste Disposal between the Board of County Commissioners of Sarasota County and the City of Sarasota

7) Approve Fiscal Year 2004/05 Neighborhood Grant Program – March Cycle: $14,910.98 for the Neighborhood Grant Program; $7,835.00 for crime-related projects; and $7,075.98 for non crime-related projects

8) Authorize the Mayor and City Auditor and Clerk to execute a Professional Services Contract between the City of Sarasota and Post, Buckley, Schuh, and Jernigan, Inc., (RFP # 05-06K) for advanced Waste Water Treatment Plant Facility improvements (FTR 2:44)

6.

CONSENT AGENDA NO. 2:

1)

Adopt proposed Ordinance No. 05-4612, amending the Sarasota City Code (1986), Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 3, The Van Wezel Performing Arts Hall Advisory Board to correct an inconsistency in the term of the student youth representative to the board from the Students Taking Active Roles (STAR) in Government Program of Sarasota County on second reading by title only (FTR 2:45)

7.