Regular City Commission Meeting

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BOOK 52 Page 23371 06/17/02 6:00 P.M.

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 17, 2002, AT 6:00 P.M.

PRESENT: Mayor Carolyn J. Mason, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor

ABSENT: Vice Mayor Lou Ann R. Palmer

PRESIDING: Mayor Mason

The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 6:00 p.m.

City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance.

1. PRESENTATION RE: SARASOTA POLICE DEPARTMENT ACCREDITATION BY THE COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION CD 6:01 through 6:07

(Narrative omitted for brevity)

2. PROCLAMATION RE: PROCLAIMING THE WEEK OF JUNE 24 THROUGH JUNE 30, 2002 AS FLORIDA WOMEN IN GOVERNMENT, INC., IN THE CITY OF SARASOTA CD 6:08 through 6:13

(Narrative omitted for brevity)

3. PRESENTATION RE: EXPRESSION OF RECOGNITION FROM THE ENTERPRISE ZONE REDEVELOPMENT AGENCY FOR THE CITY'S AND COUNTY'S EFFORTS IN THE ESTABLISHMENT OF THE ENTERPRISE ZONE CD 6:14 through 6:16

(Narrative omitted for brevity)

4. PRESENTATION RE: EXPRESSION OF APPRECIATION FROM REPRESENTATIVES OF THE SOAP BOX DERBY AND INTRODUCTION OF THE 2002 SOAP BOX DERBY WINNER, CAMRON REIGELSPERGER CD 6:16 through 6:19

(Narrative omitted for brevity)

5. CHANGES TO THE ORDERS OF THE DAY - APPROVED CD 6:19 through 6:20

MOTION: Approve the Changes to the Orders of the Day OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Quillin, Servian, Mason NAYS: None ABSENT/ABSTAIN: Palmer

6. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 3, 2002, AND SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 5, 2002, - APPROVED (AGENDA ITEM I-1, -2) CD 6:20 through 6:21

MOTION: Approve the minutes of the Regular Sarasota City Commission meeting of June 3, 2002, and the Special Sarasota City Commission meeting of June 5, 2002 OUTCOME: passed VOTE: unanimous

7. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 AND 17 - APPROVED; ITEM NO. 3 - REMOVED AND CONSIDERED AS AGENDA ITEM VIII-2 CD 6:21 through 6:23

MOTION: Approve Consent Agenda No. 1, excluding Item No. 3 OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Quillin, Servian, Mason NAYS: None ABSENT/ABSTAIN: Palmer

8. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1509) - REMOVED AND CONSIDERED AS AGENDA ITEM VIII-3; ITEM 2 (ORDINANCE NO. 02-4383) - ADOPTED; AND ITEM 3 (ORDINANCE NO. 02-4385) - ADOPTED (AGENDA ITEM III-B) CD 6:23 through 6:25

MOTION: Approve Consent Agenda No. 2, Item Nos. 2 and 3 OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Mason, Quillin, Servian NAYS: None ABSENT/ABSTAIN: Palmer

9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED NORTHEAST TRAFFIC CALMING MASTER PLAN DEVELOPED BY TASK FORCE COMMITTEE FOR THE CONSTRUCTION OF SPEED TABLES ON TAMISOLA STREET BETWEEN SCHOOL AVENUE AND EUCLID AVENUE - APPROVED THE ADDITION TO THE NORTHEAST TRAFFIC CALMING MASTER PLAN AND AUTHORIZED THE ENGINEERING DEPARTMENT TO CONSTRUCT SPEED TABLES ON TAMISOLA STREET AND DIRECTED THE ADMINISTRATION TO CONTACT THE SUPERINTENDENT OF SCHOOLS FOR SARASOTA COUNTY REGARDING FINANCIAL ASSISTANCE FOR THE TRAFFIC-CALMING MEASURES (AGENDA ITEM IV-A-1) CD 6:26 through 6:59

MOTION: Approve the addition to the Northeast Traffic Calming Master Plan and authorize the Engineering Department to construct speed tables on Tamisola Street, as amended to include directing the Administration to contact the Superintendent of Schools for Sarasota County regarding financial assistance OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Quillin, Servian, Mason NAYS: None ABSENT/ABSTAIN: Palmer

10. QUASI-JUDICIAL CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4384, TO REZONE A ±.24 ACRE PARCEL FROM THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT TO THE COMMERCIAL CENTRAL BUSINESS DISTRICT (C-CBD) ZONE DISTRICT TO ALLOW TWO (2) BUILDINGS GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FIFTH STREET AND CENTRAL AVENUE, A/K/A 1386 FIFTH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 02-SP-14 WHICH HAS BEEN PROFFERED AS A CONDITION OF THIS REZONING; ETC. (TITLE ONLY) (APPLICATION NOS. 02-RE-06 AND 02-SP-14, APPLICANT BRUCE E. FRANKLIN, LAND RESOURCE STRATEGIES, INC., AS AGENT REPRESENTING DANIEL POCHEDLEY, AS OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-1) CD 7:00 through 7:22

MOTION: Pass proposed Ordinance No. 02-4384 on first reading OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Mason, Quillin, Servian, Martin NAYS: None ABSENT/ABSTAIN: Palmer

11. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) CD 7:22 through 7:29

(Narrative omitted for brevity)

12. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE EMINENT DOMAIN FUNDING AGREEMENT (RITZ CARLTON PROJECT) PROVIDING FOR THE MANNER IN WHICH CORE DEVELOPMENT, INC., SHALL MAKE PAYMENTS TO THE CITY FOR THE COST OF CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE RIGHT TURN LANE FROM SOUTHBOUND U.S. 41 TO WESTBOUND GULF STREAM AVENUE - APPROVED AND ADOPTION RE: PROPOSED RESOLUTION NO. 02R-1506, FINDING THAT IT IS NECESSARY TO OBTAIN CERTAIN REAL PROPERTY BY A PURCHASE OR BY CONDEMNATION TO PROVIDE FOR AN EXTENDED SOUTHBOUND TO WESTBOUND RIGHT-TURN LANE ON THE WEST SIDE OF THE NORTH TAMIAMI TRAIL (U.S. 41) FROM ITS INTERSECTION WITH GULF STREAM AVENUE (S.R. 789) NORTH TO FRUITVILLE ROAD AND ITS APPURTENANCES THERETO INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, CURBS, LIGHTING, TRAFFIC CONTROL DEVICES AND DRAINAGE, ALL AS IS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE REAL PROPERTY HEREIN DESCRIBED; ETC. (TITLE ONLY) - ADOPTED (AGENDA ITEM VII-1) CD 7:29 through 7:42

MOTION: Authorize the Mayor to execute and the City Auditor and Clerk to attest the March 7, 2002, draft Eminent Domain Funding Agreement to include Core Development, Inc., and S.L.A.B., L.L.C., jointly OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Quillin, Servian, Mason NAYS: None ABSENT/ABSTAIN: Palmer

MOTION: Adopt proposed Resolution No. 02R-1506 to initiate the condemnation proceedings OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Quillin, Servian, Martin, Mason NAYS: None ABSENT/ABSTAIN: Palmer

13. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE STAFF TO INTERPRET AND IMPLEMENT THE RSM-9 ZONE DISTRICT TO ALLOW A 3-FOOT MINIMUM SETBACK FOR BOTH SIDE AND REAR YARDS OF ACCESSORY STRUCTURES UNTIL A FUTURE ZONING TEXT AMENDMENT TO CORRECT THIS AND OTHER "SCRIVENER'S ERRORS" CAN BE PROCESSED - APPROVED (AGENDA ITEM VII-2) CD 7:42 through 7:45

MOTION: Approve Staff's recommendation to interpret the setback for accessory structures in the RSM-9 Zone District as a 3-foot side and rear yard setback in the Phase II Amendments OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Servian, Quillin, Mason NAYS: None ABSENT/ABSTAIN: Palmer

14. NEW BUSINESS: STATUS REPORT RE: WATER TAXIS OPERATIONS WITHIN THE CITY LIMITS IN THE WATERFRONT AREAS OF RESIDENTIAL HOMES OR PARK PROPERTY - DIRECTED THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO PREPARE AN ORDINANCE TO AMEND THE SARASOTA CITY CODE (1986 AS AMENDED) (CITY CODE) AND ZONING CODE (2002 ED.) AS APPROPRIATE TO ESTABLISH A MECHANISM FOR THE OPERATION OF WATER TAXIS WITHIN THE CITY AND SCHEDULE A WORKSHOP (AGENDA ITEM VIII-1) CD 7:45 through 8:06

MOTION: Approve the Administration's recommendation to authorize the Administration and the City Attorney's Office to prepare an ordinance to amend the Sarasota City Code (1986 as amended) and Zoning Code (2002 Ed.) as appropriate to establish a mechanism for the operation of water taxis within the City OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Quillin, Servian, Mason NAYS: None ABSENT/ABSTAIN: Palmer

15. NEW BUSINESS: APPROVAL REPORT RE: CORPORATE SPONSORSHIP AGREEMENT WITH GETTEL AUTOMOTIVE, INC. - APPROVED (AGENDA ITEM VIII-2) CD 8:06 through 8:12

MOTION: Approve the Corporate Sponsorship Agreement with Gettel Automotive, Inc. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Martin, Quillin, Servian, Mason NAYS: None ABSENT/ABSTAIN: Palmer

16. NEW BUSINESS: APPROVAL RE: SPECIAL APPROPRIATION OF $8,000 FOR SELECTIVE ENFORCEMENT OPERATIONS - REFERRED THE SPECIAL APPROPRIATION BACK TO THE ADMINISTRATION TO BRING BACK AT THE JULY 1, 2002, REGULAR COMMISSION MEETING (AGENDA ITEM VIII-3) CD 8:12 through 8:21