Regular City Commission Meeting

BOOK 58 Page 29943 09/19/05 2:30 P.M.

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 19, 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: Riess Pellegrino, Sergeant First Class, who has served over 22 years in the U.S. Army and is currently serving as an Army Instructor at the Sarasota Military Academy.

1. CITIZENS' INPUT (AGENDA ITEM I)

The following person spoke: Richard Clapp concerning the rescission of the vote regarding the Whitaker Views project and the rezoning of the Burns Court area. (FTR 2:33)

2. APPROVAL OF MINUTES (AGENDA ITEM II)

Mayor Servian noted Commission consensus to approve the minutes of the Special Commission meetings of August 8 and 12, 2005, and September 7, 2005, and the minutes of the Regular Commission meetings of August 15 and September 6, 2005. (FTR 2:35)

3. CHANGE TO THE ORDER OF THE DAY/ITEMS ON THE CONSENT AGENDA

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

A. Remove Consent Agenda No. 1, Item IV-A-3, Approval Re: Amendment 1 to the SHIP Local Housing Assistance Plans for Fiscal Years 2005-2006, 2006-2007, and 2007-2008 and amend the Housing Partnership Program, HOME, CHDO, down payment assistance, impact fee and housing rehabilitation program guidelines.

Mayor Servian noted Commission consensus to approve the Change to the Order of the Day.

Commissioner Palmer removed the following items from Consent Agenda No. 1 for discussion:

A. Item IV-A-1, Approval Re: Set for public hearing 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" and "Employee"; amending Section 24-97, Membership; amending Section 24-104, Optional Forms of Pension; amending Section 24-108, Distribution of Benefits; amending Section 24-115, Direct Transfers of Eligible Rollover Distributions; amending Section 24-116, 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.

B. Item IV-A-10, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Temporary Parking Agreement between the City of Sarasota and Zenith Insurance Company for 50 parking spaces within the Van Wezel Performing Arts Hall Parking lot for a period of one year with an option to extend once for one year.

City Auditor and Clerk Robinson stated that Item No. IV-A-1 will be heard under New Business as Item No. VII-1 and Item No. IV-A-10 will be heard under New Business as Item No. VII-2.

4. BOARD ACTIONS (AGENDA ITEM III)

1) REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF AUGUST 9, 2005 (AGENDA ITEM III-1)

Historic Preservation Board Chair Carl Meyer and Senior Planner Harvey Hoglund, Planning and Redevelopment Department, presented the following item from the August 9, 2005, Regular meeting of the Historic Preservation Board:

- Brick Streets in Laurel Park

MOTION: Accept the recommendation of Staff and the Historic Preservation Board to forward the issue of saving brick streets in the City to the Administration for review and a recommendation back with consideration of the issues raised by the Commission. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Servian, Atkins, Bilyeu, Palmer, Shelin NAYS: None ABSENT/ABSTAIN: None

MOTION: Receive the report of the August 9, 2005, Regular meeting of the Historic Preservation Board. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Bilyeu, Servian, Atkins, Palmer NAYS: None ABSENT/ABSTAIN: None

2) REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF AUGUST 10, 2005 (AGENDA ITEM III-2)

Public Art Committee Chair Virginia Hoffman and Chief Planner John Burg, Planning and Redevelopment Department, presented the following item from the August 10, 2005, Regular meeting of the Public Art Committee:

- "Memory Path" by Artist Athena Tacha

MOTION: Accept Staff's recommendation for Staff to develop a proposal including cost for disassembling and storing of the artwork "Memory Path" located at Selby Five Points Park for reconstruction at a later date. OUTCOME: passed VOTE: Ayes 4 / Nays 1 / Absent 0 / Abstain 0 AYES: Bilyeu, Shelin, Servian, Palmer NAYS: Atkins ABSENT/ABSTAIN: None

Mayor Servian noted Commission consensus to refer the requirement for artwork for the Plaza at Five Points back to the Public Art Committee.

MOTION: Accept the report of the August 9, 2005, Regular meeting of the Public Art Committee. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Shelin, Bilyeu, Servian, Atkins, Palmer NAYS: None ABSENT/ABSTAIN: None

3) REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION BOARD'S MEETING OF JUNE 29, 2005 (AGENDA ITEM III-3)

Vice Chair Millie Small and Capital Project Manager Duane Mountain, Public Works Department presented the following item from the June 29, 2005, meeting of the Parks, Recreation and Environmental Protection Board:

- County Ordinance No. 2001-84 Regulating Boat Speed Zones

MOTION: Recommend to Sarasota County to adopt Paragraphs 18 and 19 of County Ordinance 2001-84 concerning slow minimum wake and manatee zone signs at the Siesta Key bridge and not to adopt Paragraphs 16 and 17 of County Ordinance 2001-84 concerning speed zones at the John Ringling Causeway bridge. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Bilyeu, Servian, Atkins, Shelin NAYS: None ABSENT/ABSTAIN: None

- Pet-Free Areas in City Parks

MOTION: Approve the recommendation of Staff and the Parks, Recreation and Environmental Protection Advisory Board to direct Staff to draft an ordinance allowing designated pet-free areas within City parks provided the reason is warranted and support of the neighborhood is provided. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Shelin, Servian, Atkins, Bilyeu NAYS: None ABSENT/ABSTAIN: None

MOTION: Receive the report of the June 29, 2005, meeting of the Parks, Recreation and Environmental Protection Advisory Board. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Bilyeu, Shelin, Servian, Atkins, Palmer NAYS: None ABSENT/ABSTAIN: None

In response to a comment by Commissioner Palmer concerning the effect of the use of fertilizers and pesticides on Sarasota Bay, Mayor Servian noted Commission consensus to refer to Parks, Recreation and Environmental Protection Board to consider possible regulations or methodologies for regulating fertilizers, pesticides, and various treatments of landscaping, lawn mowing, and agricultural uses. (FTR 3:20)

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

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

SEPTEMBER 19, 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.

APPROVAL OF MINUTES (AGENDA ITEM II)

3.

CHANGE TO THE ORDER OF THE DAY/ITEMS ON THE CONSENT AGENDA:

A.

Remove Consent Agenda No. 1, Item IV-A-3, Approval Re: Amendment 1 to the SHIP Local Housing Assistance Plans for Fiscal Years 2005-2006, 2006-2007, and 2007-2008 and amend the Housing Partnership Program, HOME, CHDO, down payment assistance, impact fee and housing rehabilitation program guidelines.

Commissioner Palmer removed the following items from Consent Agenda No. 1 for discussion:

A.

Item IV-A-1, Approval Re: Set for public hearing 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” and “Employee”; 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 Transfers of Eligible Rollover Distributions; amending Section 24-116, Reemployment after Retirement; amending Section 24-117, Option Plan; repealing all ordinances in conflict herewith; providing for severability of the parts hereof if declared invalid; etc.

B. Item IV-A-10, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Temporary Parking Agreement between the City of Sarasota and Zenith Insurance Company for 50 parking spaces within the Van Wezel Performing Arts Hall Parking lot for a period of one year with an option to extend once for one year.

4.

BOARD ACTIONS (AGENDA ITEM III) 1):

1)

REPORT RE: HISTORIC PRESERVATION BOARD’S REGULAR MEETING OF AUGUST 9, 2005 (AGENDA ITEM III-1)

2)

REPORT RE: PUBLIC ART COMMITTEE’S REGULAR MEETING OF AUGUST 10, 2005 (AGENDA ITEM III-2)

3)

REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION BOARD’S MEETING OF JUNE 29, 2005 (AGENDA ITEM III-3)

5.

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

2)

Approve to set for public hearing proposed Ordinance No. 05-4652, taxicab rate increase, etc.

4) Authorize the Mayor and City Auditor and Clerk to execute the Major Encroachment Agreement for foundation, canopies, and roof overhang extending into the right-of-ways of Central Avenue, Fifth Street, and the public alley for the Rizpoc Building located 1386 5th Street

5) Authorize the Mayor and City Auditor and Clerk to execute and award a formal contract to Utility Service Company, Incorporated for completion of the work in the amount of $213,900.00 specified to repair and repaint two steel elevated water storage tanks (Bid 05-24W)

6) Authorize the Administration to negotiate a professional services contract (RFP 05-46K) with Ceres Environmental Services, Crowder-Gulf Joint Venture, Inc. and DRC Emergency Services, LLC for Disaster Recovery Assistance Services on an “as needed” basis and authorize the Mayor and City Auditor and Clerk to execute same

7) Authorize the Mayor and City Auditor and Clerk to execute an award contract to APAC-SOUTHEAST, Inc. in the amount of $1,544,877.75 for milling and resurfacing of 153,451 square yards of asphalted streets in the City