Regular City Commission Meeting (Recessed and continued on 06/08/04)

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

BOOK 56 Page 28049 06/07/04 2:30 P.M.

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 7, 2004, AT 2:30 P.M. AND CONTINUED TO JUNE 8, 2004

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

ABSENT: None

PRESIDING: Mayor Martin

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. CHANGES TO THE ORDERS OF THE DAY - APPROVED; REMOVED CONSENT AGENDA NO. 1, ITEM NO. 2 CONCERNING MAJOR TRANSPORTATION IMPROVEMENT PROJECTS FOR DISCUSSION AS AGENDA ITEM VII-1 CD 2:34 through 2:39

City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day:

A. Remove New Business Item No. XVII-2, Adoption Re: Proposed Resolution No. 04R-1766, appropriating $136,000 from the unappropriated balance of the General Fund to provide funds for matching an Economic Development Administration Planning Grant for a Transportation Concurrency Management Area in order to proceed with land use changes in the Newtown Redevelopment Plan, per the request of Planning and Redevelopment Director Robinson.

B. Remove Unfinished Business Item No. IV-4, Approval Re: Direct the Administration to negotiate with the Downtown Partnership a lease amendment that would address market based rental rate, use of lease revenue and reduce leasehold boundaries for the Lemon Avenue Mall and report back to the City Commission on the results of the negotiations per the request of Deputy City Manager Schneider.

BOOK 56 Page 28050 06/07/04 2:30 P.M.

C. Add New Business Item No. XVII-6, Local Option Gas Tax Revenue Distribution Interlocal Agreement per the request of the City Manager.

Mayor Martin presented the following Changes to the Orders of the Day:

D. Remove Unfinished Business Item No. VI-2, Approval Re: Strategic and Operational Objectives for the Charter Officials for the balance of fiscal year 2003/04 and place on the Agenda for the July 6, 2004, Regular Commission meeting.

E. Remove Unfinished Business Item No. VI-3, Approval Re: 2004-2008 Strategic Plan and place on the Agenda for the July 6, 2004, Regular Commission meeting.

Commissioner Palmer referred to the proposed 2004-2008 Strategic Plan included in the Agenda backup material and stated that the Commission has previously discussed and reached consensus regarding inclusion of items such as historic preservation which are not included in the proposed Strategic Plan; that the Charter Officials should include the items in the Strategic Plan prior to the July 6, 2004, Regular Commission meeting for consideration of the Commission; that historic preservation should be included in the Strategic Plan.

Mayor Martin agreed; and stated that any specific concerns regarding the items which should be added to the Strategic Plan can also be raised at the July 6, 2004, Regular Commission meeting.

MOTION: Approve the Changes to the Orders of the Day. OUTCOME: passed VOTE: Ayes 5 / Nays 0 / Absent 0 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Servian, Martin NAYS: None ABSENT/ABSTAIN: None

Mayor Martin asked if any Commissioner wished to remove an item from Consent Agenda No. 1 or 2.

Mayor Martin requested that Consent Agenda No. 1, Item No. 2 concerning Major Transportation Improvement Projects be removed for discussion.

BOOK 56 Page 28051 06/07/04 2:30 P.M.

City Auditor and Clerk Robinson stated that Consent Agenda No. 1, Item No. 2, will be considered under New Business as Agenda Item No. VII-1, which will be heard in the afternoon session.

2. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) CD 2:39

There was no one signed up to speak.

3. APPROVAL RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MAY 10, 2004, AND THE REGULAR CITY COMMISSION MEETING OF MAY 17, 2004, - APPROVED (AGENDA ITEM II-1 AND-2) CD 2:40

Mayor Martin asked if the Commission had any changes to the minutes?

Mayor Martin stated that hearing no other changes, the minutes of the Special City Commission Meeting of May 10, 2004, and the Regular City Commission Meeting of May 17, 2004, are approved by unanimous consent.

4. BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF MAY 12, 2004 AND SPECIAL MEETING OF MAY 25, 2004 - DIRECTED STAFF TO CONTRACT WITH THE ARTIST BROWER HATCHER TO PROVIDE A PIECE OF PUBLIC ART FOR THE LEMON AVENUE PLAZA SITE; DIRECTED THE PUBLIC ART COMMITTEE AND STAFF TO WORK WITH THE ARTIST BROWER HATCHER REGARDING THE PIECE SUBMITTED FOR LEMON AVENUE PLAZA; ACCEPTED THE DONATION OF THE SCULPTURE "BIG FRAME 2" BY ARTIST MICHAEL DAVIS IN ACCORDANCE WITH THE PUBLIC ART COMMITTEE'S RECOMMENDATION; RECEIVED REPORTS (AGENDA ITEM III-1) CD 2:40 through 3:10

James Bowen, Chair, Public Art Committee, and John Burg, Chief Planner, Planning and Redevelopment Department, came before the Commission.

Mr. Bowen presented the following items from the May 12 and 25, 2004, Public Art Committee meetings:

A. Lemon Avenue Plaza public art project

BOOK 56 Page 28052 06/07/04 2:30 P.M.

Mr. Bowen stated that two of four finalists to the Call-to-Artists process submitted new proposals; that at its May 12, 2004, meeting, the Public Art Committee rejected the proposals submitted by Brower Hatcher and Archie Held, the two finalists who resubmitted proposals, by a unanimous vote of 5 to 0; that the reasons for rejecting the proposals will be provided.

Mr. Burg referred to computer-generated slides indicating the Call-to-Artists process as well as the credentials, previous work, and new proposals submitted by the artists displayed on the Chamber monitors throughout the presentation and included in the Agenda backup material; and stated that the Call-to-Artists process began with approval by the Commission on November 12, 2002; that 182 submittals were received by February 28, 2003, which was a large number; that over the course of several meetings, the Public Art Committee narrowed the submittals from 48 to 12 and then to four; that the four proposals were brought before the Commission at the September 2, 2003, Regular Commission Meetings; that the credentials, previous work and project requirements were also reviewed; that discussions took place regarding a water feature and seating; that a detailed chronology of the Call-to-Artists process is included in the Agenda backup material; that presentations of the proposals of the four finalists were made to the Public Art Committee on January 14, 2004; that the Public Art Committee brought a recommendation for a final selection before the Commission which rejected the proposals; that subsequently, the Public Art Committee requested the four finalists to include seating and a water feature in the proposals; that of the four finalists, two submitted new proposals; that the new proposals were reviewed by the Public Art Committee on May 12, 2004; that the Public Art Committee rejected both new proposals; that Staff's recommendation for an alternative process which was brought before the Public Art Committee on May 25, 2004, will be summarized during the presentation.

Mr. Burg continued that the credentials of Brower Hatcher include fellowship recipient of grants and awards from:

- Ford Foundation - Sainsbury Foundation, United Kingdom - Guggenheim Foundation - National Endowment for the Arts - Honorary Ph.D. from State University of New York

BOOK 56 Page 28053 06/07/04 2:30 P.M.

Mr. Bowen referred to photographs of previous artwork by Brower Hatcher displayed on the Chamber monitors and included in the Agenda backup material; and stated that the previous artwork was the basis for selecting Mr. Hatcher; that the proposal ultimately submitted to the City was not of equal quality to previous artwork which was the primary reason for rejecting the proposal; that the previous artwork is considered intriguing and interesting; that the Public Art Committee blamed the process as the reason for receiving a proposal of lesser quality; and quoted a Public Art Committee member's comment, "the proposal received is a fairly trite solution."

Regular City Commission Meeting (Recessed and continued on 06/08/04)

AGENDA

REGULAR CITY COMMISSION MEETING

JUNE 7, 2004

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.

CHANGES TO THE ORDERS OF THE DAY - APPROVED; REMOVED CONSENT AGENDA NO. 1, ITEM NO. 2 CONCERNING MAJOR TRANSPORTATION IMPROVEMENT PROJECTS FOR DISCUSSION AS AGENDA ITEM VII-1

2.

CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM I)

Note to the Public:

At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit)

Citizens' Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting.

-->

3.

APPROVAL RE: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF MAY 10, 2004, AND THE REGULAR CITY COMMISSION MEETING OF MAY 17, 2004, - APPROVED (AGENDA ITEM II-1 AND-2)

4.

BOARD ACTIONS: REPORT RE: PUBLIC ART COMMITTEE’S REGULAR MEETING OF MAY 12, 2004 AND SPECIAL MEETING OF MAY 25, 2004 - DIRECTED STAFF TO CONTRACT WITH THE ARTIST BROWER HATCHER TO PROVIDE A PIECE OF PUBLIC ART FOR THE LEMON AVENUE PLAZA SITE; DIRECTED THE PUBLIC ART COMMITTEE AND STAFF TO WORK WITH THE ARTIST BROWER HATCHER REGARDING THE PIECE SUBMITTED FOR LEMON AVENUE PLAZA; ACCEPTED THE DONATION OF THE SCULPTURE "BIG FRAME 2" BY ARTIST MICHAEL DAVIS IN ACCORDANCE WITH THE PUBLIC ART COMMITTEE’S RECOMMENDATION; RECEIVED REPORTS (AGENDA ITEM III-1)

5.

BOARD ACTIONS: APPROVAL RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD’S REGULAR MEETING OF MAY 20, 2004 - RECEIVED REPORT; DIRECTED THE ADMINISTRATION TO: 1) PREPARE A RESOLUTION RENAMING 35TH STREET PARK TO FIREHOUSE PARK AND 2) PREPARE A MEMORANDUM EXPLAINING THE REASON THE MANATEE PROTECTION PLAN WAS NOT BROUGHT BEFORE THE PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD (AGENDA ITEM III-2)

6.

CONSENT AGENDA NO. 1: ITEM NOS. 1, 3, 4, 5, 6, 7, 8, 9, 10, AND 11 - APPROVED (AGENDA ITEM IV-A)

7.

CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1746) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1762) - ADOPTED; ITEM 3 (RESOLUTION NO. 04R-1764) - ADOPTED; ITEM 4 (RESOLUTION NO. O4R-1765)_ - ADOPTED; ITEM 5 (RESOLUTION NO. 04R-1769) - ADOPTED; ITEM 6 (ORDINANCE NO. 04-4527) - ADOPTED; ITEM 7 (ORDINANCE NO. 04-4546) - ADOPTED; ITEM 8 (ORDINANCE NO. 04-4549) - ADOPTED (AGENDA ITEM IV-B)

8.

BOARD APPOINTMENTS RE: COMMUNITY DEVELOPMENT ADVISORY COMMITTEE - APPOINTED CAROLYN MASON TO THE SEAT DESIGNATED FOR A CITIZEN REPRESENTING A NEIGHBORHOOD WHICH CONTAINS 51 PERCENT OR MORE OF PERSONS DEEMED AS LOW OR MODERATE INCOME AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD; APPOINTED JOSEPH MILLER AND JON SUSCE TO THE SEATS DESIGNATED FOR CITIZENS AT LARGE (AGENDA ITEM V-1)

9.

UNFINISHED BUSINESS: ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 04-4531, AMENDING THE ZONING CODE OF THE CITY OF SARASOTA BY CREATING FOUR NEW ZONE DISTRICTS TO BE APPLIED WITHIN THE DOWNTOWN AREA OF THE CITY TO BE KNOWN COLLECTIVELY AS THE DOWNTOWN ZONE DISTRICTS; SAID DISTRICTS BEING THE DOWNTOWN CORE (DTC), DOWNTOWN BAYFRONT (DTB), DOWNTOWN EDGE (DTE) AND DOWNTOWN NEIGHBORHOOD (DTN) ZONE DISTRICTS; PROVIDING FOR USES ALLOWED OR ALLOWABLE WITHIN SAID DISTRICTS; ESTABLISHING DEVELOPMENT STANDARDS, BUILDING DESIGN STANDARDS, PARKING, LANDSCAPING AND SIGNAGE STANDARDS TO BE APPLIED WITHIN SAID DISTRICTS; ESTABLISHING DEVELOPMENT REVIEW PROCEDURES TO BE APPLIED WITHIN SAID DISTRICTS; ADDING AND REVISING DEFINITIONS; ALL AS MORE FULLY SPECIFIED HEREIN; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 01-ZTA-04, APPLICANT CITY OF SARASOTA) - ADOPTED WITH REVISIONS REFLECTED BY THE COMMENTS/ISSUES LIST DATED MAY 24, 2004, AND ADDITIONAL LANGUAGE WHICH WILL BE ADDED TO THE CATEGORIES OF AWNING, GALLERY, AND ARCADE TO CLARIFY THE PROPERTY OWNER WILL BE RESPONSIBLE NOT ONLY FOR THE EXPENSE OF REMOVING THE TREE BUT ALSO THE ADDED COST TO REPAIR THE AREA WHICH WILL BE DETERMINED BY THE CITY AND WITH THE ADDITIONAL SENTENCE AT THE END OF NOTE 6 IN TABLE VI-1001, INDICATING A CERTIFICATE OF OCCUPANCY FOR RESIDENTIAL USE SHALL BE ISSUED PRIOR TO OR SIMULTANEOUSLY WITH A CERTIFICATE OF OCCUPANCY FOR A NONRESIDENTIAL USE FOR A DEVELOPMENT ON A ZONING LOT OR ADJACENT ZONING LOTS WITH FRONTAGE ON BOTH FRUITVILLE ROAD AND FOURTH STREET AND SUCH ZONING LOT OR LOTS ARE UNDER UNIFIED OWNERSHIP OR CONTROL - ADOPTED (AGENDA ITEM VI-1)

10.

UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FIFTEENTH AMENDMENT TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF SARASOTA AND COASTAL PLANNING & ENGINEERING, INC., FOR THE LIDO BEACH RENOURISHMENT PROJECT - APPROVED (AGENDA ITEM VI-5)

11.

UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR TO SEND A LETTER TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) DISTRICT SECRETARY REGARDING THE CITY COMMISSION’S POSITION ON EACH OF THE EIGHT DESIGN REVIEW COMMENTS REGARDING U.S. 301 FROM U.S. 41 TO NORTH CITY LIMITS - APPROVED WITH A CHANGE TO RECOMMENDATION NO. 5 TO INCLUDE A PEDESTRIAN SLEEVE AT THE INTERSECTION OF TENTH STREET AND US 301 RATHER THAN SIXTH STREET (AGENDA ITEM VI-6)

12.

UNFINISHED BUSINESS: DISCUSSION AND DIRECTION RE: USE OF PAYNE PARK AUDITORIUM BY HOME OWNER ASSOCIATIONS FREE OF CHARGE - DIRECTED THE ADMINISTRATION TO OFFER THE USE OF PAYNE PARK AUDITORIUM MEETING ROOMS TO NEIGHBORHOOD ASSOCIATIONS FOR MEETINGS FREE OF CHARGE (AGENDA ITEM VI-7)