Regular City Commission Meeting

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MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 3, 2003, AT 2:30 P.M.

PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins (arrived at 2:55), 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. PRESENTATION RE: KEY TO THE CITY PRESENTED TO HIS ROYAL HIGHNESS PRINCE MICHAEL OF KENT (AGENDA ITEM 1)

Mayor Palmer presented a Key to the City to His Royal Highness Prince Michael of Kent.

2. CHANGES TO THE ORDERS OF THE DAY

A. Add Consent Agenda 1, Item No. IV-A-7, Approval Re: Request to endorse hosting the 39th International Making Cities Livable Conference on “The Healthy Community & The Built Environment” to be held in the City of Sarasota March 15 through 19, 2004, and appoint Hope Byrnes and Paul Thorpe as co-chairs to facilitate the conference in conjunction with the Conference Organizational Committee per the request of Mayor Palmer.

MOTION: Approve the Change to the Orders of the Day. OUTCOME: passed VOTE: unanimous

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

4. APPROVAL RE: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF OCTOBER 20, 2003 – APPROVED (AGENDA ITEM II) The minutes were approved by unanimous consent.

5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, AND 7, – APPROVED (AGENDA ITEM IV-A)

MOTION: Approve Consent Agenda No. 1, Item Nos. 1 through 7, inclusive. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Bilyeu, Martin, Servian, Palmer ABSENT: Atkins

6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1664) – ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1670) – ADOPTED; ITEM 3 (RESOLUTION NO. 04R-1671) – ADOPTED; ITEM 4 (RESOLUTION NO. 04R-1672) – ADOPTED; ITEM 5 (ORDINANCE NO. 03-4417) – ADOPTED; ITEM 6 (ORDINANCE NO. 03-4485) – ADOPTED; ITEM 7 (ORDINANCE NO. 03-4490) – ADOPTED; ITEM 8 (ORDINANCE NO. 03-4495) – ADOPTED; AND ITEM 9 (ORDINANCE NO. 03-4496) – ADOPTED (AGENDA ITEM IV-B)

MOTION: Adopt Consent Agenda No. 2, Item Nos. 1 through 9, inclusive. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Bilyeu, Martin, Palmer, Servian ABSENT: Atkins

7. UNFINISHED BUSINESS: PRESENTATION RE: URBAN DESIGN OF THE EASTERN GATEWAY TO DR. MARTIN LUTHER KING, JR. WAY AT U.S. 301 AND FREDD ATKINS PARK – PRESENTATION PROVIDED (AGENDA ITEM VI-I)

8. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE STAFF TO PROCEED WITH HIRING A CONSULTANT TO DEVELOP A NEW DESIGN FOR FREDD ATKINS PARK AND THE IMMEDIATE ENVIRONS CONSISTENT WITH THE OBJECTIVES OF THE CITY OF SARASOTA-NEWTOWN COMPREHENSIVE REDEVELOPMENT PLAN THROUGH 2020 AND DESIRES OF THE COMMUNITY WITH A DESIGN AND CONSTRUCTION BUDGET OF $423,698 (AGENDA ITEM VI-2)

MOTION: Authorize Staff to proceed with the development of a design for Fredd Atkins Park at the corner of Washington Court and Dr. Martin Luther King, Jr. Way, to evaluate costs, and to bring back specifics concerning consistency with the Sarasota-Newtown Comprehensive Redevelopment Plan Through 2020 and costs with an approximate design and construction budget of $423,698. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

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

10. COMMISSION PRESENTATION RE: EMPLOYEE OF THE MONTH FOR OCTOBER 2003, ROBERT COYLE, MAIL OPERATIONS COORDINATOR, GENERAL SERVICES DEPARTMENT (AGENDA ITEM IX)

11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 03-4494, AMENDING THE SARASOTA CITY CODE, CHAPTER 2, ADMINISTRATION, ARTICLE I, IN GENERAL, SECTION 2-5, ADMINISTRATIVE APPROVAL OF CONTRACTS, BY THE ADDITION THERETO OF CONTRACTUAL MATTERS WHICH SHALL BE EXEMPT FROM THE CHARTER REQUIREMENT OF CITY COMMISSION APPROVAL; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) – PASSED ON FIRST READING (AGENDA ITEM XI-A-1)

MOTION: Pass proposed Ordinance No. 03-4494 on first reading with the revision to Section 2-5(c)(18) as indicated by the City Attorney. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Martin, Palmer, Servian, Bilyeu

12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4510, PROVIDING AN ADDITIONAL HOMESTEAD EXEMPTION IN AN AMOUNT SPECIFIED HEREIN, NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS, FOR ANY PERSON WHO HAS LEGAL OR EQUITABLE TITLE TO REAL ESTATE AND MAINTAINS THEREON THE PERMANENT RESIDENCE OF THE OWNER WHO HAS ATTAINED THE AGE OF SIXTY FIVE AND WHOSE HOUSEHOLD INCOME DOES NOT EXCEED AN AMOUNT SET FORTH WITH SPECIFICITY HEREIN AND REQUIRING THAT A TAXPAYER CLAIMING THE ADDITIONAL EXEMPTION ANNUALLY SUBMIT TO THE PROPERTY APPRAISER, NOT LATER THAN MARCH 1, A SWORN STATEMENT OF HOUSEHOLD INCOME ON A FORM PROSCRIBED BY THE STATE OF FLORIDA, DEPARTMENT OF REVENUE; PROVIDING THAT A COPY OF THIS ORDINANCE AS ADOPTED SHALL BE DELIVERED TO THE PROPERTY APPRAISER OF SARASOTA COUNTY NO LATER THAT DECEMBER 1, 2003; PROVIDING THAT THE ADDITIONAL EXEMPTION SET FORTH HEREIN SHALL BE AVAILABLE COMMENCING WITH THE 2004 TAX YEAR; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) – PASSED ON FIRST READING (AGENDA ITEM XI-2)

MOTION: Pass Ordinance No. 04-4510 on first reading with an additional exemption in property value in the amount of $25,000. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Martin, Palmer, Servian, Atkins, Bilyeu

13. UNFINISHED BUSINESS: ADOPTION RE: PROPOSED RESOLUTION NO. 04R-1673, ADOPTING A MASTER PLAN TO GUIDE THE CITY IN MEETING THE RECREATION NEEDS OF ITS CITIZENS AND TO SERVE AS A GUIDE FOR FUTURE DEVELOPMENT OF PAYNE PARK KNOWN AS: “THE PAYNE PARK MASTER PLAN”; SETTING FORTH FINDINGS; AUTHORIZING IMPLEMENTATION OF THE PLAN; ETC. (TITLE ONLY) – ADOPTED AS AMENDED BY IDENTIFYING THE SHUFFLEBOARD COURTS AND LAWN BOWLING COURTS AS TENTATIVE PROPOSALS WITHIN THE PAYNE PARK MASTER PLAN AND AUTHORIZED THE ADMINISTRATION TO NEGOTIATE AN AMENDMENT TO THE BELLOMO-HERBERT CONTRACT TO DEVELOP CONSTRUCTION PLANS AND BID DOCUMENTS FOR THE FIRST PHASE OF CONSTRUCTION OF PAYNE PARK OUTLINED IN THE PAYNE PARK MASTER PLAN AND AUTHORIZED THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE SAME (AGENDA ITEM XIII-1)

MOTION: Adopt Resolution No. 04R-1673 as amended by identifying the shuffleboard courts and lawn bowling courts as tentative proposals within the Payne Park Master Plan. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Palmer, Servian, Atkins, Bilyeu, Martin

MOTION: Authorize the Administration to negotiate an amendment to the contract with Bellomo-Herbert and Associates to develop construction plans and bid documents for the first phase of construction of Payne Park outlined in the Payne Park Master Plan and authorize the Mayor and City Auditor and Clerk to execute same. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Palmer, Servian

14. NEW BUSINESS: REPORT RE: 2004 LEGISLATIVE ISSUES – ADOPTED THE CITY 2004 LEGISLATIVE ISSUES WITH CHANGES AS INDICATED BY THE COMMISSION (AGENDA ITEM XIV)

MOTION: Approve the City 2004 Legislative Issues with changes as indicated by the Commission. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Servian, Palmer

15. COMMISSION BOARD AND COMMITTEE REPORTS – AGREED TO SCHEDULE A JOINT MEETING WITH THE SARASOTA HOUSING AUTHORITY AND INVITE THE SARASOTA BOARD OF COUNTY COMMISSIONERS (AGENDA ITEM XV)

16. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA – AGREED TO DIRECT THE ADMINISTRATION TO: 1) RESEARCH IF BLOWING LAWN CLIPPINGS AND LEAVES INTO STORMWATER DRAINS IS A CODE VIOLATION, 2) PROVIDE A REPORT BACK REGARDING THE USE OF ALCOHOL AT SOUTH LIDO PARK, AND 3) RESEARCH TECHNIQUES OR SYSTEMS TO INVOLVE YOUNG PEOPLE IN THE COMMUNITY TO SERVE IN AN ADVISORY CAPACITY AND REPORT BACK WITH A RECOMMENDATION; REFERRED THE USE OF TAX INCREMENT FINANCING FUNDS TO THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD WITH DIRECTION TO CONSIDER SPECIFICALLY: 1) COMMUNITY POLICING, 2) BEAUTIFICATION, 3) MAINTENANCE, 4) INCENTIVIZING RETAIL, AND 5) HOUSING; AGREED TO PLACE AN ITEM CONCERNING THE AFFORDABLE HOUSING TREE FUND ON A FUTURE COMMISSION AGENDA; AND REFERRED TO THE ADMINISTRATION THE POSSIBILITY OF CANCELING A COMMISSION MEETING OR MEETINGS IN THE SUMMER OF 2004 FOR A REPORT BACK (AGENDA ITEM XVI)

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VICE MAYOR MARTIN:

A. stated that a report was received from Special Legal Counsel for the Community Redevelopment Agency (CRA) regarding the use of Tax Increment Financing (TIF) funds who indicated the State Statutes have an inclusive rather than exhaustive list of permitted uses of TIF funds; that amendments to the City of Sarasota Downtown Master Plan 2020 (Downtown Master Plan 2020) can identify specific uses of TIF funds; that scheduling a CRA workshop to determine appropriate use of TIF funds is suggested.

Mayor Palmer stated that referring the appropriate use of TIF funds to the CRA Advisory Board is preferred; that the thought was the use of TIF funds had already been referred to the CRA Advisory Board; that if not, the issue should be referred to the CRA Advisory Board.

Vice Mayor Martin stated that the use of TIF funds can be referred to the CRA Advisory Board with some direction of the Commission's desired uses.

Commissioner Servian stated that using TIF funds for policing is a use the Commission has indicated should be considered.