Regular City Commission Meeting

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

BOOK 56 Page 27717 05/03/04 2:30 P.M.

MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 3, 2004, AT 2:30 P.M.

PRESENT: Mayor Richard F. Martin, 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: Vice Mayor Mary Anne Servian due to travel to Treviso, Italy, as part of the Sarasota Sister Cities Association Program

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 CD 2:32 through 2:35

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

A. Remove Consent Agenda No. 1, Item No. IV-A-8, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a consulting services agreement between the City of Sarasota and Owen Ayers & Associates, (RFP No. 04-05E) in the amount of $183,140.19 for the preliminary design phase of the reconstruction of Bradenton Road, per the request of Deputy City Engineer/Director Davis-Shaw.

B. Remove Consent Agenda No. 1, Item No. IV-A-6, Approval Re: Addition of a Senior Planner position in the Planning and Redevelopment Department Table of Organization, per the request of Jane Robinson, Director of Planning and Redevelopment.

MOTION: Approve the Changes to the Orders of the Day OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Martin NAYS: None ABSENT/ABSTAIN: Servian

[... pages 2-7 omitted for brevity ...]

MOTION: Receive the Parks, Recreation and Environmental Protection Advisory Board Report and to direct Staff to prepare a resolution re-naming the Newtown Community Center the "Robert L. Taylor Community Complex." OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Martin NAYS: None ABSENT/ABSTAIN: Servian

5. CONSENT AGENDA NO. 1: ITEM NOS. 4 AND 5 - APPROVED; ITEM NOS. 1, 2, 3, AND 7 - REMOVED FOR DISCUSSION UNDER NEW BUSINESS; ITEM NO. 6 - REMOVED UNDER CHANGES (AGENDA ITEM IV-A) CD 2:53 through 2:54

4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Spectrum Underground, Inc. (Bid No. 04-12W) for the Waterline Replacement Project. 5. Approval Re: Funding for the Whole Foods Centre Public Parking Project.

MOTION: Approve Consent Agenda No. 1, Item Nos. 4 and 5 OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Martin NAYS: None ABSENT/ABSTAIN: Servian

6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. 04R-1747) - ADOPTED; ITEM 2 (RESOLUTION NO. 04R-1748) - ADOPTED; ITEM 3 (RESOLUTION NO. 04-4509) - ADOPTED; ITEM 5 (ORDINANCE NO. 04-4540) - ADOPTED; ITEM 6 (ORDINANCE NO. 04-4544) - ADOPTED (AGENDA ITEM IV-B) CD 2:54 through 2:58

[... items 1-6 listed ...]

MOTION: Adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Martin, Palmer NAYS: None ABSENT/ABSTAIN: Servian

[... pages 10-18 omitted for brevity ...]

MOTION: Set Ordinance No. 04-4541 for public hearing with the change to proposed Section 22-22(d)(9), Sarasota City Code (1986 as amended), to indicate a classification of uses of the public parks will be determined by the Administration rather than by Resolution of the Commission. OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Martin NAYS: None ABSENT/ABSTAIN: Servian

8. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE PREPARATION AND EXECUTION OF A LEASE AMENDMENT BETWEEN THE CITY OF SARASOTA AND MARINEMAX OF SARASOTA, L.L.C., (MARINEMAX) TO INCREASE THE SEATING CAPACITY OF THE RESTAURANT FROM 149 TO 151 - MOTION TO APPROVE FAILED (AGENDA ITEM VII-1) CD 3:36 through 3:43

[... discussion omitted ...]

MOTION: Continue consideration of the lease amendment for MarineMax of Sarasota, LLC, to the May 17, 2004, Regular Commission meeting. OUTCOME: Failed VOTE: Ayes 2 / Nays 2 / Absent 1 / Abstain 0 AYES: Bilyeu, Palmer NAYS: Atkins, Martin ABSENT/ABSTAIN: Servian

MOTION: Approve the preparation and execution of a lease amendment with MarineMax of Sarasota, LLC, to increase the seating capacity of the leased restaurant from 149 to 151. OUTCOME: Failed VOTE: Ayes 2 / Nays 2 / Absent 1 / Abstain 0 AYES: Bilyeu, Palmer NAYS: Atkins, Martin ABSENT/ABSTAIN: Servian

9. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE FIRST EXTENSION OF AGREEMENT BETWEEN THE CITY OF SARASOTA AND UPMAN’S WRECKER SERVICE, INCORPORATED, (BID #02-66M) TO PROVIDE THE SARASOTA POLICE DEPARTMENT WITH WRECKER TOWING AND STORAGE SERVICES FOR THE FIRST OF TWO ADDITIONAL ONE (1) YEAR PERIODS ON AN “AS NEEDED” BASIS - APPROVED (AGENDA ITEM VII-2) CD 3:46 through 3:51

[... discussion omitted ...]

MOTION: Approve the first extension of the agreement to Upman’s Wrecker Service, Incorporated, and to authorize the Mayor along with the City Auditor and Clerk to execute same. OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Martin NAYS: None ABSENT/ABSTAIN: Servian

10. NEW BUSINESS: APPROVAL RE: AUTHORIZE THE MAYOR TO EXECUTE THE CHANGE ORDER BETWEEN THE CITY OF SARASOTA AND WEST FLORIDA MAINTENANCE, INC., (BID NO. 04-04N) FOR PAINTING OF STADIUM AND CLUBHOUSE - APPROVED (AGENDA ITEM VI-3) CD 3:51 through 3:54

[... discussion omitted ...]

MOTION: Approve the Change Order to Bid Contract No. 04-04N. OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Martin NAYS: None ABSENT/ABSTAIN: Servian

11. NEW BUSINESS: APPROVAL RE: CHANGE ORDER #1 BETWEEN THE CITY OF SARASOTA AND WEST FLORIDA MAINTENANCE, INC., (BID NO. 04-09W) IN THE AMOUNT OF $30,197.70 TO INCLUDE ABOVE-GROUND CONCRETE WATER STORAGE TANKS AND THE SEAWATER PUMPING STATION NEAR THE VAN WEZEL PERFORMING ARTS HALL - APPROVED (AGENDA ITEM VI-4) CD 3:54 through 3:57

[... discussion omitted ...]

MOTION: Approve the Change Order concerning Bid No. 04-09W. OUTCOME: Passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Bilyeu, Palmer, Martin NAYS: None ABSENT/ABSTAIN: Servian

[... remainder of document omitted ...]

---- pages 41-80 ----

(Page 1) BOOK 56 Page 27757 05/03/04 2:30 P.M.

as part of the next cycle of Zoning Text Amendments if desired; that Item 7 amends the regulations to allow nonconformities created as a result of a taking by the State on US 301 between Myrtle Avenue and US 41; that the intent is to allow nonconforming uses and operations of property owners to continue at the time US 301 is widened; that the Engineering Department supports Item 7; that Item 8 provides for adjustments to the maximum front yard setback requirements in office and commercial zone districts; that the intent is not to force someone to construct a building with the required setbacks on all four frontages; that some relief should be provided; however, a corner should be chosen as the most likely pedestrian frontage; that the City would ultimately decide the most appropriate corner for the building frontage; that the property owner would only be required to meet the setback requirements on two frontages if having three or more frontages; that Item 9 adds a definition for streetwall which is being included as part of the proposed City of Sarasota Downtown Code (Downtown Code); that the definition for streetwall is required sooner than finalization of the proposed Downtown Code to address an issue regarding the Publix store at Tenth Street and US 41; that Publix is including a loading area for trucks; that currently any portion of a building which fronts a road is required to have windows; that the Director of Planning and Redevelopment can adjust the window requirement for a building which is more than 20 feet back from the front yard setback if articulation will be included on the wall; that the articulation must be made on the building facade; that the intent of Item 9 is to allow a streetwall which is decorated rather than articulate the building; that Item 9 will provide more flexibility.