Regular City Commission Meeting

---- pages 1-40 ----

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 5, 2002, AT 6:00 P.M.

PRESENT: Mayor Carolyn J. Mason, Vice Mayor Lou Ann R. Palmer, Commissioners Richard F. Martin, Mary J. Quillin, and Mary Anne Servian, City Manager Michael A. McNees, Deputy City Auditor and Clerk Karen D. McGowan, and City Attorney Richard J. Taylor

ABSENT: City Auditor and Clerk Billy E. Robinson

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.

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

1. ADOPTION RE: MEMORIAL RESOLUTION NO. 02R-1525, RECOGNIZING THE PASSING OF JAMES SPREITZER, A CITIZEN OF THE COMMUNITY AND FORMER MEMBER OF THE CITIZENS WITH DISABILITY BOARD - ADOPTED

MOTION: Adopt Memorial Resolution No. 02R-1525 OUTCOME: passed VOTE: unanimous AYES: Martin, Mason, Palmer, Quillin, Servian

(Narrative regarding Mr. Spreitzer's community involvement omitted for brevity)

2. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JULY 2002, GEORGE A. "ANDY" LITCHFIELD, UTILITIES MECHANIC I, PUBLIC WORKS/UTILITIES DIVISION

(Narrative regarding Mr. Litchfield's service omitted for brevity)

3. CHANGES TO THE ORDERS OF THE DAY - APPROVED

(Narrative regarding changes to the agenda omitted for brevity)

4. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 15, 2002, THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 18, 2002, AT 1:30 P.M. AND THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 18, 2002, IMMEDIATELY FOLLOWING THE 1:30 P.M. WORKSHOP - APPROVED (AGENDA ITEM I-1, -2, AND -3)

MOTION: Approve minutes of July 15 and July 18, 2002 meetings OUTCOME: passed VOTE: unanimous

5. APPROVED - REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF JULY 3, 2002 AND SPECIAL MEETING OF JULY 10, 2002 - REFERRED PROPOSED ORDINANCE NO. 02-4379 TO THE PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP) WITH THE INTENT FOR THE PBLP TO REVIEW THE PROPOSED ORDINANCE AS PRESENTED AND CONSIDER OTHER INPUT SUCH AS THE PROPOSALS SUBMITTED BY COALITION OF CITY NEIGHBORHOOD ASSOCIATIONS AND OTHER GROUPS AND FOR THE PBLP TO BRING BACK A RECOMMENDATION; RECEIVED REPORT (AGENDA ITEM II-1)

MOTION: Refer Ordinance No. 02-4379 to PBLP for review and recommendation OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Martin, Palmer, Quillin, Servian, Mason

(Narrative regarding PBLP discussion on commercial vehicle parking omitted for brevity)

6. REPORT RE: PUBLIC ART COMMITTEE'S REGULAR REPORT OF JULY 10, 2002 - RECEIVED REPORT; APPROVED THE LOAN OF POSITIVELY RED FOR A PERIOD OF ONE YEAR AND DIRECTED THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO EXECUTE THE AGREEMENT WITH THE ARTIST AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZED THE CITY MANAGER AND THE CITY AUDITOR AND CLERK TO EXECUTE THE CONTRACT (AGENDA ITEM II-2)

MOTION: Receive report and approve loan of Positively Red and authorize contract execution OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Martin, Palmer, Quillin, Servian, Mason

7. REPORT RE: NUISANCE ABATEMENT BOARD QUARTERLY STATUS REPORT FOR THE PERIOD ENDING JUNE 30, 2002 - RECEIVED REPORT (AGENDA ITEM II-3)

MOTION: Receive Quarterly Status Report of the Nuisance Abatement Board OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Martin, Palmer, Quillin, Servian, Mason

8. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, AND 14 - APPROVED (AGENDA ITEM III-B)

MOTION: Approve Consent Agenda No. 1 OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Martin, Palmer, Quillin, Servian, Mason

9. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 02R-1521) - ADOPTED; ITEM 2 (ORDINANCE NO. 02-4388) - ADOPTED; ITEM 3 (ORDINANCE NO. 02-4392) - ADOPTED; ITEM 4 (ORDINANCE NO. 02-4393) - ADOPTED; ITEM 5 (ORDINANCE NO. 02-4394) - ADOPTED; AND ITEM 6 (ORDINANCE NO. 02-4394) - ADOPTED (AGENDA ITEM III-B)

MOTION: Adopt Consent Agenda No. 2 OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Mason, Palmer, Quillin, Servian, Martin

10. NON QUASI-JUDICIAL PUBLIC HEARING RE: 2002 BUREAU OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT ADMINISTERED BY THE POLICE DEPARTMENT - APPROVED ALLOCATION OF FUNDS; STAFF WILL PROVIDE A REPORT CONCERNING 2001 AND 2002 USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) AND LAW ENFORCEMENT TRUST FUND (LETF) FUNDS AS WELL AS FORFEITURE FUNDS (AGENDA ITEM IV-A-1)

MOTION: Approve proposed allocation of 2002 LLEBG funds OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Martin, Mason, Palmer, Quillin, Servian

11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4398, CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE CHARTER OF THE CITY OF SARASOTA SHALL BE AMENDED TO ADD A PROHIBITION AGAINST DISCRIMINATION ON THE BASIS OF AGE, RACE, GENDER, RELIGION, NATIONAL ORIGIN, DISABILITY, VETERANS STATUS, MARITAL STATUS, OR SEXUAL ORIENTATION IN THE AREAS OF HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATIONS; TO PROVIDE THAT ALL CITY CONTRACTS MUST BE APPROVED BY THE CITY COMMISSION UNLESS EXEMPTED BY ORDINANCE; TO REQUIRE THE CITY AUDITOR AND CLERK AND CITY ATTORNEY TO PREPARE AN ANNUAL BUDGET; TO REQUIRE THAT A CITIZEN'S INITIATIVE PETITION WHICH PROPOSES AN AMENDMENT TO MORE THAN ONE SECTION OF THE CHARTER SHALL BE REQUIRED TO CONTAIN A CLEAR AND CONCISE SUMMARY OF THE MATERIAL COMPONENTS OF THE PROPOSED AMENDMENT; TO ADD PROVISIONS TO THE CHARTER CONSISTENT WITH APPLICABLE STATE LAW TO SPECIFICALLY ADDRESS THE SCHEDULING OF A REFERENDUM ON A PROPOSED CHARTER AMENDMENT; THE APPROVAL OF BALLOT LANGUAGE AND THE EFFECTIVE DATE OF AN AMENDMENT IF APPROVED BY THE VOTERS; SCHEDULING SAID REFERENDUM FOR NOVEMBER 5, 2002, SETTING FORTH THE TEXT OF THE PROPOSED CHARTER AMENDMENTS AND THE TITLE AND SUMMARY OF THE PROPOSED AMENDMENTS TO APPEAR ON THE BALLOT; ETC. (TITLE ONLY) - REVISED THE ORDER OF PROTECTED CLASSES TO ALPHABETICAL; PASSED ON FIRST READING (AGENDA ITEM IV-A-2)

MOTION: Pass proposed Ordinance No. 02-4398 on first reading OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Palmer, Quillin, Servian, Martin, Mason

12. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 02-4391, TO CONDITIONALLY VACATE THAT CERTAIN PORTION OF THE 60 FOOT WIDE LEMON AVENUE RIGHT-OF-WAY GENERALLY DESCRIBED AS BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF SECOND STREET AND BOUNDED ON THE SOUTH BY THE NORTH RIGHT-OF-WAY LINE OF FIRST STREET AND CONSISTING OF THE EASTERLY 7 FEET OF SAID LEMON AVENUE RIGHT-OF-WAY PLUS THE WESTERLY 27 FEET OF SIDEWALK AND RELATED PUBLIC IMPROVEMENTS IMMEDIATELY ADJACENT THERETO AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 02-SV-02, APPLICANT CITY OF SARASOTA) - PASSED ON FIRST READING (AGENDA ITEM IV-A-3)

MOTION: Pass proposed Ordinance No. 02-4391 on first reading OUTCOME: passed VOTE: Ayes 5 / Nays 0 AYES: Quillin, Servian, Martin, Mason, Palmer

(Narrative regarding Mote Marine Laboratory items 4 and 14 omitted for brevity)

---- pages 41-78 ----

Attorney Patten referred to a July 8, 2002, memorandum, from Timothy Litchet, Director of Building, Zoning and Code Enforcement, indicating only a negligible, if any, increase in parking demand based on the proposed uses for the Keating Center and stated that G Zone Wavier Application No. 02-GZW-04 as incorporated in proposed Resolution No. 02R-1523 is to waive the provision of 44 paved on-site parking spaces, plus one loading space, out of a total of 57 required on-site parking spaces and one required loading space; that staff for the proposed Keating Center will park across the street in the Mote Marine staff parking area; that the proposed Keating Center will not be open to the general public and will be utilized for special programs; that the majority of visitors will be students arriving by bus; that the buses will park in the bus parking area of Mote Marine; that the July 8, 2002, memorandum confirms parking is not an issue.

Attorney Patten referred to the Traffic Concurrency Analysis prepared by the Engineering Department included in the Agenda backup material indicating the traffic of the proposed Keating Center as de minimis; and stated that the proposed Keating Center meets concurrency with no traffic impact; that the confusion regarding traffic is due to the desire to develop a master plan for Mote Marine which would address the following issues:

- Parking system functioning between the different uses of Mote Marine property; - Pedestrian circulation; - Direction signage; and - Transportation demand management for special events.

Attorney Patten continued that Mote Marine agreed to the completion of a traffic study of Mote Marine at the completed build-out stage although the entire build-out of the site is not before the Commission; that only the proposed Keating Center is before the Commission; that technically, the traffic study does not relate to the Keating Center; that Development Agreement Application No. 02-DA-01 requires Mote Marine to submit a master plan to the City addressing the transportation issues no later than September 1, 2004; that Development Agreement Application No. 02-DA-01 also sets forth the traffic concurrency requirements which will be required to address the build-out of the entire master plan; that the master plan will not include a request for additional City land; that the entire project will be completed on the existing Mote Marine leased site; however, the master plan will propose an expansion of the Marine Mammal Center which is currently on property leased from the City; that the traffic signal addresses the entire build-out for the site; that the only traffic improvement required for the entire build-out is a traffic signal at the intersection of Ken Thompson and John Ringling Parkways; that Mote Marine agrees to commence installation of the traffic signal no later than May 1, 2003; that Mote Marine has no intention of asking the City for any land on City Island which is devoted to park uses; however, as a tenant, Mote Marine would like the opportunity to provide a proposal to obtaining existing tenant space which may be vacated in the future.

Attorney Patten referred to the City Staff report included in the Agenda backup material and stated that City Staff found the proposed Keating Center consistent with the City's Comprehensive Plan and the City's concurrency regulations; that all the conditions of the approval process have been met; that several supporters for the Keating Center are present in the audience.