Regular City Commission Meeting

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MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 4, 2003, AT 2:30 P.M.

PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor

ABSENT: None

PRESIDING: Mayor Palmer

The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:30 p.m.

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

1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) There was no one signed up to speak.

2. APPROVAL RE: MINUTES OF THE OF THE SPECIAL CITY COMMISSION MEETING OF JULY 17, 2003, AND THE MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JULY 21, 2003 - APPROVED (AGENDA ITEM II)

Mayor Palmer asked if the Commission had any changes to the minutes? Mayor Palmer stated that hearing no changes, the minutes of the July 17, 2003, Special Commission meeting and the July 21, 2003, Regular Commission meeting are approved by unanimous consent.

3. BOARD REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETINGS OF JUNE 17 AND JULY 9, 2003 - APPROVED THE RECOMMENDATION OF THE PUBLIC ART COMMITTEE TO RELOCATE THE SCULPTURE "ENCORE" TO THE NEIGHBORHOOD PARK LOCATED AT SEVENTH STREET AND EAST AVENUE; APPROVED THE RELOCATION OF "GARDEN SCULPTURE 3" TO THE CITY HALL GROUNDS ON THE CORNER OF ORANGE AVENUE AND FIRST STREET; APPROVED THE PURCHASE OF "PHOTON II"; RECEIVED REPORTS OF THE PUBLIC ART COMMITTEE'S REGULAR MEETINGS OF JUNE 17, 2003 AND JULY 9, 2003; RECEIVED REPORTS (AGENDA ITEM III-1)

George Haborak, Chairman, Public Art Committee, and John Burg, Chief Planner, Planning Department, came before the Commission.

Mr. Haborak presented the following items from the June 17, 2003, Regular meeting of the Public Art Committee:

A. Relocation of the Sculpture entitled "Encore"

MOTION: Approve the recommendation of the Public Art Committee to relocate the sculpture entitled "Encore" to the neighborhood park located at Seventh Street and East Avenue. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

B. Relocation of the Sculpture entitled "Garden Sculpture 3"

MOTION: Approve the relocation of "Garden Sculpture 3" to the City Hall grounds on the corner of Orange Avenue and First Street. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

Mr. Haborak presented the following item from the July 9, 2003, Regular meeting of the Public Art Committee:

- Purchase of the Sculpture entitled "Photon II"

MOTION: Approve the purchase of "Photon II". OUTCOME: Passed VOTE: Ayes 4 / Nays 1 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian NAYS: Palmer

MOTION: Receive the reports of the June 17 and July 9, 2003, meetings of the Public Art Committee. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

4. REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF JULY 8, 2003 - RECEIVED REPORT; DIRECTED THE CITY ATTORNEY'S OFFICE TO DRAFT AN ORDINANCE AMENDING THE ZONING CODE (2003 ED.) TO PROVIDE FOR ADMINISTRATIVE APPROVAL OF BUILDING PERMITS FOR HOUSE MOVES WITH APPEALS OF THE DECISION TO THE BOARD OF ADJUSTMENT (AGENDA ITEM III-2)

MOTION: Direct the City Attorney's Office to draft an ordinance amending the Zoning Code (2003 Ed.) to provide for administrative approval of building permits for house moves with appeals of the decision to the Board of Adjustment. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

MOTION: Receive the report of the July 8, 2003, Regular meeting of the Historic Preservation Board. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 6, AND 7 - APPROVED; ITEM NO. 5 - REMOVED AND WILL BE CONSIDERED UNDER UNFINISHED BUSINESS AS AGENDA ITEM VI-4 (AGENDA ITEM IV-A)

MOTION: Approve Consent Agenda No. 1, Item Nos. 1, 2, 3, 4, 6, and 7. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

MOTION: Suspend the Commission Rules of Procedure to hear Item No. 5 under Unfinished Business as Agenda Item VI-4 in the afternoon session. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 03R-1628) - ADOPTED; ITEM 2 (RESOLUTION NO. 03R-1635) - ADOPTED; ITEM 3 (RESOLUTION NO. 03R-1636) - ADOPTED; ITEM 4 (RESOLUTION NO. 03R-1637) - ADOPTED; ITEM 5 (RESOLUTION NO. 03R-1638) - ADOPTED; ITEM 6 (RESOLUTION NO. 03R-1639) - ADOPTED; ITEM 7 (RESOLUTION NO. 03R-1640) - ADOPTED; ITEM 8 (RESOLUTION NO. 03R-1641) - ADOPTED; ITEM 9 (RESOLUTION NO. 03R-1645) - ADOPTED; ITEM 10 (ORDINANCE NO. 02-4401) - ADOPTED; ITEM 11 (ORDINANCE NO. 03-4453) - ADOPTED; ITEM 12 (ORDINANCE NO. 03-4443) - ADOPTED; ITEM 13 (ORDINANCE NO. 03-4444) - ADOPTED; ITEM 14 (ORDINANCE NO. 03-4445) - ADOPTED; ITEM 15 (ORDINANCE NO. 03-4446) - ADOPTED; ITEM 16 (ORDINANCE NO. 03-4447) - ADOPTED; ITEM 17 (ORDINANCE NO. 03-4449) - ADOPTED; ITEM 18 (ORDINANCE NO. 03-4451) - ADOPTED; ITEM 19 (ORDINANCE NO. 03-4452) - ADOPTED; ITEM 20 (ORDINANCE NO. 03-4483) - ADOPTED; AND ITEM 21 (ORDINANCE NO. 03-4484) - ADOPTED (AGENDA ITEM IV-B)

MOTION: Adopt Consent Agenda No. 2, Item Nos. 1 through 21, inclusive. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Palmer, Servian

7. UNFINISHED BUSINESS: REPORT RE: SKATE PARK AND OPERATION PLAN - RECEIVED REPORT (AGENDA ITEM VI-1)

MOTION: Receive the Skate Park Work Plan report. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

8. UNFINISHED BUSINESS: DISCUSSION RE: CITY OF SARASOTA VERSUS VISIONAIR - DIRECTED THE CITY ATTORNEY TO ENGAGE CLYDE WILSON, ATTORNEY, LAW FIRM OF WILSON JAFFER, P.A., TO MOVE FORWARD WITH LITIGATION PROCEEDINGS AGAINST VISIONAIR (AGENDA ITEM VI-2)

MOTION: Direct the City Attorney to engage Clyde Wilson, Attorney, law firm of Wilson Jaffer, P.A., to move forward with litigation proceedings against VisionAir. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

9. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE AMENDMENT TO THE LANDSCAPING FUND AGREEMENT BETWEEN THE CITY OF SARASOTA AND PCL CIVIL CONSTRUCTORS, INC., RELATIVE TO LANDSCAPE ENHANCEMENTS TO THE NEW JOHN RINGLING CAUSEWAY BRIDGE - APPROVED (AGENDA ITEM VI-3)

MOTION: Extend the meeting to complete the remaining items on the Agenda. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

MOTION: Authorize the Mayor and City Auditor and Clerk to execute the Amendment to the Landscaping Fund Agreement between the City of Sarasota and PCL Civil Constructors, Inc., relative to landscape enhancements to the John Ringling Causeway Bridge. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

10. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE CONTRACT BETWEEN THE CITY OF SARASOTA AND FLORIDA FOOD & ENTERTAINMENT, INC. (RFP#03-51M), TO OPERATE THE CONCESSION AT THE BOBBY JONES GOLF COMPLEX FOR A FIVE (5) YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL FIVE (5) YEAR TERMS - APPROVED (AGENDA ITEM VI-4)

MOTION: Enter into negotiations for a five year contract with Florida Food and Entertainment, Inc., and that the Mayor and City Auditor and Clerk be authorized to execute same. OUTCOME: Passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

11. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VII) There was no one signed up to speak.

12. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JULY 2003, LEONARD J. SCHERRY (AGENDA ITEM VIII-1)