Regular City Commission Meeting

BOOK 58 Page 29819 05/02/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 2, 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: City Auditor and Clerk Robinson

PLEDGE OF ALLEGIANCE: Robert O’Neill, Commander, United States Navy (Retired), veteran of World War II, the Korean War, and the Vietnam War

1. ITEMS ON CONSENT AGENDA 1 AND 2 No Items were removed from Consent Agenda 1 and 2. (FTR 2:32)

2. CITIZENS’ INPUT The following persons spoke: Harry Rosenblum, on behalf of the Lincoln Park Homeowners Association, spoke concerning standing to appear before the Commission as a representative of a neighborhood association. Stan Zimmerman spoke concerning the proposed siting for the headquarters for the Sarasota Police Department. (FTR 2:36)

3. APPROVAL OF MINUTES Mayor Servian noted Commission consensus to approve the minutes of the Statutory Commission Meeting of April 15, 2005, the Regular Commission Meeting of April 18, 2005, and the Special Commission Meeting of April 25, 2005. (FTR 2:40)

4. BOARD ACTIONS 1) REPORT RE: REGULAR HISTORIC PRESERVATION BOARD MEETING OF APRIL 12, 2005 Carl Meyer, Chair, Historic Preservation Board, and Harvey Hoglund, Senior Planner, Planning and Redevelopment Department, presented the conclusions of an evaluation of potential amendments to the Zoning Code (2002 Ed.) regarding: 1) tax exemptions, 2) creation of a separate Historic Preservation Department, 3) addition of a full-time preservationist to the Department of Planning and Redevelopment, 4) automatic designation of historic sites, rather than just the buildings, 5) a sunset clause, and 6) a Transfer of Development Rights program.

Mayor Servian noted Commission consensus to direct the City Auditor and Clerk to schedule a Joint Workshop with the Historic Preservation Board and the Commission to discuss the conclusions of the evaluation in further detail. (FTR 2:59)

MOTION: Receive the Board Report of the Regular Meeting of the Historic Preservation Board of April 12, 2005 OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Shelin, Servian, Atkins, Bilyeu NAYS: None ABSENT/ABSTAIN: None

3) REPORT RE: STATUS OF THE ACCOMPLISHMENTS OF THE CITIZENS WITH DISABILITIES ADVISORY BOARD Following a presentation by Joan Haber, Chair, Citizens with Disabilities Advisory Board (Board), and Maggie Sumney, Employee Relations, Department of Human Resources,

MOTION: Receive the Board Report of the Citizens with Disabilities Advisory Board OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Bilyeu, Atkins, Servian, Palmer, Shelin NAYS: None ABSENT/ABSTAIN: None

5. CONSENT AGENDA NO. 1 MOTION: Approve Item Nos. 1, 2, 3, 4, and 5 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

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

7. BOARD APPOINTMENTS 1) CITY COMMISSION REPRESENTATION ON BOARDS AND COMMITTEES BOOK 58 Page 29821 05/02/05 2:30 P.M. Mayor Servian noted Commission consensus to designate Commissioners to serve on Boards and Committees as follows: Board of Directors of the Economic Development Corporation: Commissioner Palmer, representative, and Commissioner Shelin, alternate Council of Governments: Mayor Servian and City Manager McNees, representatives, and Vice Mayor Atkins, alternate Enterprise Zone Development Agency: Vice Mayor Atkins, representative Juvenile Justice Council of the Department of Justice/Juvenile Assessment Center Advisory Committee: Commissioner Bilyeu, representative, and Vice Mayor Atkins, alternate Manasota League of Cities: Commissioner Palmer, representative, and Mayor Servian, alternate Public Transportation Steering Task Force of the Sarasota/Manatee Metropolitan Planning Organization: Commissioner Bilyeu, representative, and Commissioner Shelin, alternate Sarasota Bay National Estuary Program Policy Committee: Commissioner Shelin, representative, and Commissioner Bilyeu, alternate Sarasota County Coastal Advisory Committee: Mayor Servian, representative, and Commissioner Shelin, alternate Sarasota County Community Action Agency Board: Commissioner Bilyeu, representative, and Commissioner Palmer, alternate Sarasota/Manatee Metropolitan Planning Organization: Commissioners Shelin and Bilyeu, representatives, and Commissioner Palmer, alternate Tourist and Economic Development Board: Mayor Servian, representative, and Vice Mayor Atkins, alternate Tourist Development Council: Mayor Servian, representative, and Vice Mayor Atkins, alternate Water Planning Alliance Board: Commissioner Bilyeu, representative, Vice Mayor Atkins, alternate

Mayor Servian noted Commission consensus to designate Commissioners to serve as liaisons to City Boards as follows: Mayor Servian: Bobby Jones Golf Course Advisory Board and Sarasota Housing Authority Board Vice Mayor Atkins: Human Relations Board and Van Wezel Performing Arts Hall Board Commissioner Shelin: Citizens with Disabilities Advisory Board and Public Art Committee Commissioner Bilyeu: Historic Preservation Board and Parks, Recreation, and Environmental Policy Advisory Board Commissioner Palmer: Pension Boards and Youth Advisory Board (FTR 3:28)

MOTION: Appoint Scott Snow to the Firefighters’ Pension Board of Trustees OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Atkins, Servian, Bilyeu, Shelin NAYS: None ABSENT/ABSTAIN: None

8. UNFINISHED BUSINESS 1) FIRST EXTENSION OF THE LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE SARASOTA GARDEN CLUB MOTION: Approve the First Extension of the Lease Agreement between the City and the Sarasota Garden Club revised to indicate a date of December 31, 2029, rather than December 31, 2024, in Paragraph 4 and sequential renumbering of the paragraphs OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Palmer, Servian, Atkins, Bilyeu NAYS: None ABSENT/ABSTAIN: None

2) SOUTHERN DOWNTOWN GATEWAY AND SOUTH PALM AVENUE STREETSCAPE BID NO. 05-22K A presentation was given by Duane Mountain, Manager of Capital Projects, Public Works Department, and David Branning of WilsonMiller, Inc., consulting engineer for the streetscape project, regarding selection of a contractor to install streetlights on Orange Avenue, from Ringling Boulevard to Mound Street, on Palm Avenue from Main Street to Ringling Boulevard, and on Pineapple Avenue from Ringling Boulevard to Orange Avenue, including Burns Court.

Mayor Servian noted Commission consensus to direct the Administration to commit Tax Increment Financing (TIF) funds by default for repayment of General Funds expended on any project in the Community Redevelopment Area or for the Administration to indicate to the Commission the use of TIF funds is not appropriate.

MOTION: Award a formal contract to Jon F. Swift, Inc., in the amount of $718,000 and to authorize the Mayor and City Auditor and Clerk to execute the contract after the two required public hearings to appropriate TIF funds, $149,000 of which will be paid initially from the General Fund and repaid from TIF funds at a later time OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Bilyeu, Palmer, Servian, Atkins, Shelin NAYS: None ABSENT/ABSTAIN: None

3) CITYWIDE CITIZEN SURVEY TOPICS FOR THREE CLOSE-ENDED POLICY QUESTIONS AND ONE OPEN-ENDED QUESTION Following a presentation by Debra Caputo, Assistant to the City Manager, Mayor Servian noted majority consensus to include questions regarding: 1) tax increases to fund quality affordable housing, 2) mass transit, and 3) additional taxes through neighborhood and business improvement districts in a Citywide by the National Research Center with the questions as revised returned to the Commissioners prior to finalization. (FTR 4:07)

Mayor Servian passed the gavel to Vice Mayor Atkins and left the Chambers at 4:26 p.m.

4) PRESENTATION AND DISCUSSION RE: STATUS OF THE WATER TAXI Karin Murphy, Redevelopment Specialist, Planning and Redevelopment Department, reported the status of an initiative to establish a water-based transportation service in Sarasota and Manatee Counties.

The following person spoke: Bob Soran, on behalf of Jack Graham, Inc., spoke regarding the necessity for adequate parking at Bayfront Park to assure a successful water taxi operation.

MOTION: Direct Staff to research possible sources of funding for development of a water taxi service OUTCOME: passed VOTE: Ayes 3 / Nays 1 / Absent 1 / Abstain 0 AYES: Palmer, Bilyeu, Atkins NAYS: Shelin ABSENT/ABSTAIN: Servian

MOTION: Extend afternoon session of the meeting until the end of the Items under Unfinished Business OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Palmer, Shelin, Bilyeu, Atkins NAYS: None ABSENT/ABSTAIN: Servian

5) CONSENT ORDER CT NO. 128297 BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF SARASOTA FOR OAK FORD, PHASE I – HOWARD CREEK RESTORATION PLAN MOTION: Authorize the Mayor to execute Consent Order No. 128297 between the Southwest Florida Water Management District, the Oak Ford Owners Association, Inc., the Hi Hat Ranch, General Partnership, and the City to enable the settlement of a matter involving unpermitted dredging at Howard Creek OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Palmer, Shelin, Bilyeu, Atkins NAYS: None ABSENT/ABSTAIN: Servian

The Commission recessed at 4:33 p.m. and reconvened at 6:02 p.m.

9. COMMISSION PRESENTATIONS 1) EMPLOYEE OF THE MONTH, APRIL 2005 – Charmaine McVicker, Coordinator, Van Wezel Auditorium. (FTR 6:08) 2) DESIGNATION OF MAY, 2005, AS MENTAL HEALTH EDUCATION MONTH IN THE CITY OF SARASOTA – Dale Lux, Coordinator, Mental Health Education Month Events, received the Proclamation on behalf of the National Alliance for the Mentally Ill. (FTR 6:12)

10. SCHEDULED PRESENTATIONS 1) ANNOUNCEMENT OF A CITY HALL LOAN PROGRAM WITH THE SARASOTA ART CENTER Following a presentation by Alan Sloan, President, Sarasota Art Center, and Debra Caputo, Assistant to the City Manager, Mayor Servian noted Commission consensus to endorse the partnership between the City and the Sarasota Art Center to display local artwork in City Hall and the City’s Federal Building, thus enhancing the City’s art program and providing exposure to local artists. (FTR 6:20)

2) REDEVELOPMENT CONCEPT FOR THE FILLMORE DRIVE PARKING LOT ON ST. ARMANDS CIRCLE Following a presentation by Bruce Franklin, President, ADP Group, Diana Corrigan, Executive Director, and Maureen Hoyt, President, St. Armands Circle Association, and Martin Rappaport, Chair, Board of Directors, St. Armands Business Improvement District, Mayor Servian noted Commission consensus to direct the Administration to explore the opportunity to issue a Request for Proposals to developers for redevelopment of the Fillmore Drive Parking Lot. (FTR 6:42)

11. NON QUASI-JUDICIAL PUBLIC HEARINGS 1) PROPOSED ORDINANCE NO. 05-4622, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS MOTION: Pass proposed Ordinance No. 05-4622 on first reading OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Bilyeu, Shelin, Servian, Atkins, Palmer NAYS: None ABSENT/ABSTAIN: None

2) PROPOSED ORDINANCE NO. 05-4606, AMENDING THE ZONING CODE (2002 EDITION) TO REVISE THE REGULATIONS APPLICABLE TO THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT (DROD) MOTION: Pass proposed Ordinance No. 05-4606 on first reading with incorporation of the following revisions prior to the second reading: development of a method of assessing a lien against the units, recommendation for payment of a fee in the event the project becomes rental units, and restriction of the owner-occupancy requirement to ten years OUTCOME: passed VOTE: Ayes 4 / Nays 1 / Absent 0 / Abstain 0 AYES: Atkins, Shelin, Servian, Palmer NAYS: Bilyeu ABSENT/ABSTAIN: None

12. CITIZENS’ INPUT (FTR 7:29) No one signed up to speak.

13. NEW BUSINESS 1) PRESENTATION OF MEMORANDUM LEGAL OPINION REGARDING OWNERSHIP INTEREST IN THE PARCEL OF REAL PROPERTY DEPICTED AS PRIME PARK ON THE PLAT OF THE PRIME SUBDIVISION MOTION: Defer action to assert an ownership interest in the property on which Lift Station No. 7 was constructed pending further investigation and to authorize the City Attorney to engage in discussion with neighborhood residents OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Shelin, Servian, Atkins, Bilyeu NAYS: None ABSENT/ABSTAIN: None

2) PROPOSED VANPOOL AND TRANSPORTATION DEMAND MANAGEMENT PROGRAM FOR CITY EMPLOYEES MOTION: Approve funding in the amount of $28,500 for a twelve passenger van for a Vanpool Program for City employees in the North Port and Venice areas OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Atkins, Servian, Bilyeu, Palmer NAYS: None ABSENT/ABSTAIN: None

3) DISCUSSION RE: CREATION OF AN AD HOC TREE COMMITTEE Following a presentation by Commissioner Palmer and Ellen Maloff, Executive Director, ReLeaf Sarasota, Mayor Servian noted Commission consensus to add an item on the next Agenda for the Parks, Recreation, and Environmental Protection (PREP) Advisory Board to consider empanelling an Ad Hoc Tree Committee during the next PREP meeting. (FTR 8:12)

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

MAY 2, 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.

ITEMS ON CONSENT AGENDA 1 AND 2 No Items were removed from Consent Agenda 1 and 2. (FTR 2:32)

2.

CITIZENS’ INPUT

3.

APPROVAL OF MINUTES:

Minutes of the Statutory Commission Meeting of April 15, 2005, the Regular Commission Meeting of April 18, 2005, and the Special Commission Meeting of April 25, 2005. (FTR 2:40)

4.

BOARD ACTIONS:

1)

REPORT RE: REGULAR HISTORIC PRESERVATION BOARD MEETING OF APRIL 12, 2005

3)

REPORT RE: STATUS OF THE ACCOMPLISHMENTS OF THE CITIZENS WITH DISABILITIES ADVISORY BOARD

5.

CONSENT AGENDA NO. 1:

1)

Set for public hearing proposed Ordinance No. 05-4609, amending Chapter 24, Personnel, Article II, Pensions, Division 4, General Employees, of the Code of the City of Sarasota; amending Section 24-104, Optional Forms of Pension

2) Authorize the Mayor and City Auditor and Clerk to execute the Utility Easement on Arlington Street and Laurent Place for Sarasota Memorial Hospital

3) Approve the Second Amendment to the Contract Agreement with Altair Environmental Group, LLC (Bid No. 02-32M; Citywide Sewer Rehabilitation Project 2002

4) Authorize the Mayor and City Auditor and Clerk to execute the Amendment to the Agreement for Consulting Landscape Architect Services (RFP No. 02-29M) for Payne Park in the amount of $102,400

5) Authorize the Mayor and City Auditor and Clerk to approve funds to be released from the Handicap Parking Fine Fund for accessibility renovations to the G-Wiz Museum not to exceed $6,500 (FTR 3:07)

6.

CONSENT AGENDA NO. 2:

1)

Adopt proposed Resolution No. 05R-1833, authorizing execution of an Agreement with the Florida Department of Transportation for drainage and minor roadway improvements to State Road 758 from Hanson Bayou to the Siesta Key Bridge

2) Adopt proposed Ordinance No. 05-4617, amending Section 2-275, Composition, Appointment, Terms of Office, Procedures of Division 2.5, Youth Advisory Board, Chapter 2, Administration, of the Sarasota City Code, Article V, Boards, Commissions and Committees, by providing for a composition of five (5) to eleven (11) members, deleting the requirement for a Student Selection Committee and providing for appointment of the full board by the City Commission (FTR 3:09)

7.

BOARD APPOINTMENTS: