MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 18, 2005, AT 2:30 P.M. PRESENT: Mayor Servian, presiding, Vice Mayor, Fredd "Glossie" Atkins, Commissioners Danny Bilyeu, Lou Ann R. Palmer, and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson ABSENT: None The meeting was called to order by Mayor Servian at 2:30 p.m. INVOCATION: City Auditor and Clerk Robinson PLEDGE OF ALLEGIANCE: Paul Thorpe, Veteran of World War II 1. CHANGE TO THE ORDERS OF THE DAY City Auditor and Clerk Robinson presented the following Change to the Orders of the Day: A. Add under Unfinished Business, Item VI-5, Approval Re: Authorize the City Manager to execute the Consent Agreement and Order to be submitted to Sarasota County and the Settlement Agreement with the Oak Ford Owners Association, Inc. providing for a payment of $40,000 full settlement of all potential liability of the City regarding unpermitted dredging and the restorations of Howard Creek, per the request of City Attorney Fournier. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 5-0 vote to approve to approve the Change to the Order of the Day. (FTR 2:33) 2. CITIZENS' INPUT (FTR 2:33) The following person was signed up to speak: Stan Zimmerman. 3. APPROVAL OF MINUTES Mayor Servian noted Commission consensus to approve the minutes of the Regular Commission Meeting of April 4, 2005, with the correction to Item 11, Remarks of Commissioners, D, indicating the concern is using public land and water resources rather than the offshore races, the Emergency Commission Meeting of April 6, 2005, and the Statutory City Commission of April 13, 2005. (FTR 2:37) 4. CONSENT AGENDA NO. 1 A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to approve Item Nos. 1, 2, 3, 4, and 5, on Consent Agenda No. 1, as follows: 1) Authorize the Mayor and City Auditor and Clerk to execute the First Extension to Tower Lease Agreement between the City of Sarasota and Nextel South Corp. 2) Authorize the Mayor and City Auditor and Clerk to execute the Agreement for Consulting Engineering Services between the City of Sarasota and Bayside Engineering, Inc., for the Pedestrian Sleeve Projects 3) Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Contract Agreement between the City of Sarasota and American Water Services Underground Infrastructure, Inc., (Bid # 02-32M) for the City Wide Sewer Rehabilitation Project 2002 (Part li Line Mainline Sewers) BOOK 58 Page 29812 04/18/05 2:30 P.M. BOOK 58 Page 29813 04/18/05 2:30 P.M. 4) Authorize the Mayor and City Auditor and Clerk to execute the Interlocal Agreement between the Florida Department of Transportation, the City and County of Sarasota, Manatee County, and the City of Bradenton for the Cooperation and Coordination in the Operation of a Unified Intelligent Transportation Management System 5) Authorize the Neighborhood Partnership Office to use $4,516 from the Neighborhood Grant Program to fund the cost of scholarships to The Neighborhoods U.S.A. (NUSA) 2005 Conference on May 25-28, 2005 in Sacramento, California (FTR 2:39) 5. CONSENT AGENDA NO. 2 A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to adopt Consent Agenda No. 2, Item No. 1 to: 1) Adopt proposed Resolution No. 05R-1832, providing for the enforceability of Sarasota County Ordinance No. 2004-118, which restates and amends the Sarasota County Sea Turtle Protection Ordinance to prohibit beach chairs, umbrellas and other temporary structures as more particularly identified in said ordinance; finding that Sarasota County Ordinance No. 2004-118 is not in conflict with any City ordinance; etc. (Title Only) (FTR 2:40) 6. UNFINISHED BUSINESS 1) DISCUSSION RE: FIRST EXTENSION OF THE LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE SARASOTA GARDEN CLUB City Attorney Fournier provided a status report concerning the First Extension to the Lease Agreement. Following a comment by Commissioner Palmer concerning the record, City Attorney Fournier stated that the City's position the lease is not for a period of in perpetuity will be made clear in the First Extension to the Lease Agreement. Following a question by Mayor Servian, City Attorney Fournier stated that the item will be on the Agenda under Unfinished Business to allow for discussion. Mayor Servian noted Commission consensus to continue the item to the May 2, 2005, Regular Commission meeting. (FTR 2:45) 2) APPROVAL RE: TEMPORARY PARKING AGREEMENT WITH BORAN CRAIG BARBER ENGEL CONSTRUCTION CO., INC., TO USE UP TO 150 DESIGNATED PARKING SPACES AT THE VAN WEZEL PERFORMING ARTS HALL A motion was made by Commissioner Bilyeu, seconded by Commission Shelin, and carried by a 5-0 vote to authorize the City Attorney to prepare and the Mayor and City Auditor and Clerk to execute a temporary parking agreement with Boran Craig Barber Engel Construction Co., Inc. (FTR 2:51) 3) APPROVAL RE: DETERMINE IF DREDGING OF THE HARBOR IS BENEFICIAL FOR THE BAYFRONT MOORING FIELD; AUTHORIZE EXECUTION OF THE SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING ENGINEERING SERVICES BETWEEN THE CITY AND COASTAL ENGINEERING CONSULTANTS, INC.; APPROVE MOORING FIELD LAYOUT ALTERNATIVE; APPROVE PRIVATE OWNERSHIP AND OPERATION OF THE MOORING FIELD; AND FORMALLY REQUEST MARINA JACK, INC., TO ASSUME MANAGEMENT OF THE ENTIRE OPERATION A presentation was made by Director of Engineering/City Engineer Dennis Daughters, and Michael Poff, Vice President, Engineering, Coastal Engineering Consultants, Inc. The following people were signed up to speak: Stan Zimmerman, Attorney John Strickland, Robert Soran, and Bruce Franklin. A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 5-0 vote to: Determine dredging of the harbor is beneficial, Authorize execution of the Second Amendment to the Agreement for Consulting Engineering Services between the City and Coastal Engineering Consultants, Inc., Approve Mooring Field Layout Alternative 3, Approve private ownership and operation of the mooring field, and Formally request Marina Jack, Inc., to assume management of the entire operation. (FTR 3:51) Mayor Servian noted Commission consensus to refer to the Administration the commitment of Mr. Soran to cooperate with the Sarasota Sailing Squadron in considering the development of youth sailing programs. 4) DISCUSSION RE: PROPOSED UPDATES FOR THE 2004-2008 STRATEGIC PLAN Following a presentation by Assistant to the City Manager Debra Cauputo, Mayor Servian noted Commission consensus to treat public housing and the Janie Poe Public Housing Complex as two separate strategies. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 4-1 vote, with Commissioner Shelin voting no, to approve the proposed updates for the 2004-2008 Strategic Plan with the change indicated. (FTR 3:56) Commissioner Palmer left the Chambers at 4:01 p.m. and returned at 4:03 p.m. Commissioner Bilyeu left the Chambers at 4:03 p.m. and returned at 4:06 p.m. 5) APPROVAL RE: AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSENT AGREEMENT AND ORDER TO BE SUBMITTED TO SARASOTA COUNTY AND THE SETTLEMENT AGREEMENT WITH THE OAK FORD OWNERS ASSOCIATION, INC. THAT PROVIDES FOR A PAYMENT OF $40,000 FULL SETTLEMENT OF ALL POTENTIAL LIABILITY OF THE CITY OF SARASOTA REGARDING UNPERMITTED DREDGING AND THE RESTORATIONS OF HOWARD CREEK Following a presentation by Attorney Mark Singer of the City's Attorney's Office and Director of Public Works William Hallisey, a motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to extend the afternoon session to complete the current item. A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 4-1 vote, with Commissioner Bilyeu voting no, to authorize the City Manager to execute the Consent Agreement and Order to be submitted to Sarasota County and the Settlement BOOK 58 Page 29814 04/18/05 2:30 P.M. BOOK 58 Page 29815 04/18/05 2:30 P.M. Agreement with the Oak Ford Owners Association, Inc., providing for a payment of $40,000 in full settlement of all potential liability of the City of Sarasota regarding unpermitted dredging and the restorations of Howard Creek. The Commission recessed at 4:40 p.m. and reconvened at 6:00 p.m. 7. SCHEDULED PRESENTATIONS REQUEST TO REFER TO ADMINISTRATION THE FORMATION OF THE GOLDEN GATE POINT DEPENDENT SPECIAL DISTRICT Following a presentation by Attorney John Dent and Brent Parker, a motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to refer the request to the Administration to provide an ordinance and any associated actions required for the formation of the Golden Gate Point Dependent Special District. (FTR 6:18) 8. NON QUASIJUDICIAL PUBLIC HEARINGS 1) PROPOSED ORDINANCE NO. 05-4614, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to adopt proposed Ordinance No. 05-4614 on second reading. (FTR 6:21) 2) PROPOSED ORDINANCE NO. 05-4617, AMENDING SECTION 2-275, COMPOSITION, APPOINTMENT, TERMS OF OFFICE, PROCEDURES OF DIVISION 2.5, YOUTH ADVISORY BOARD, CHAPTER 2, ADMINISTRATION, OF SARASOTA CITY CODE (1986 AS AMENDED) (CITY CODE), ARTICLE V, BOARDS, COMMISSIONS AND COMMITTEES, BY PROVIDING FOR A COMPOSITION OF FIVE (5) TO ELEVEN (11) MEMBERS, DELETING THE REQUIREMENT FOR A STUDENT SELECTION COMMITTEE, AND PROVIDING FOR APPOINTMENT OF A FULL BOARD BY THE CITY COMMISSION A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote, to pass proposed Ordinance No. 05-4617 on first reading. (FTR 6:24) 9. CITIZENS' INPUT The following persons were signed up to speak: Jennifer Wilson and Sandy Vaughn (FTR 6:28) 10. NEW BUSINESS 1) RECONSIDERATION RE: FAILED MOTION OF FEBRUARY 22, 2005, TO DIRECT THE ADMINISTRATION TO CONSIDER LEASING TO THE LIDO BEACH RESORT, A LOCATION NORTH OF THE RESORT TO OPERATE A JET SKI RENTAL ON THE PUBLIC BEACH, WITH THE ELIMINATION OF THE CURRENT SPECIAL EXCEPTION, AN AGREEMENT WHICH WOULD GIVE THE CITY AN OUT IF APPROPRIATE, AND A $2,000 MONTHLY FEE WHICH MAY CHANGE The following persons were signed up to speak: Reverend David Kovaly, Susan Robinson, Eric Neilsen, Robert Hoffman, and Scott Montgomery. Following a presentation by Chris Brown, Vice President, Florida Operations, Calpac Inc. (Radisson Lido Beach Resort), regarding the operation a jet ski rental on the public beach for ten years, a motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 4-1 vote, with Vice Mayor Atkins voting no, to refer the item to the Administration for further research. (FTR 7:05) 2) DISCUSSION RE: CITYWIDE CITIZEN SURVEY Following a presentation by Deputy City Manager V. Peter Schneider, Mayor Servian noted Commission consensus for the Commissioners to provide recommendations to the Administration regarding questions on the survey. (FTR 7:14) 12. COMMISSION BOARD AND COMMITTEE REPORTS (FTR 7:21) 13. REMARKS OF COMMISSIONERS A. In response to a request by Mayor Servian concerning the status of a City Hall volunteer program, City Manager McNees indicated an immediate ongoing effort is not occurring; however, the idea will be resurrected. B. Commissioner Palmer stated that at her request and with the Commission's agreement, the City is sponsoring Melissa Reese for the Sarasota Keys Rotary Club Youth Awards Banquet. C. In response to Commissioner Palmer's request for support to establish Commission liaisons to the advisory boards and a recommendation by City Auditor and Clerk Robinson, Mayor Servian noted Commission consensus to establish a liaison to the following advisory boards: Bobby Jones Golf Course Advisory Board Citizens with Disabilities Advisory Board Historic Preservation Board Human Relations Advisory Board Parks, Recreation and Environmental Protection Advisory Board Public Art Committee Van Wezel Performing Arts Hall Board City Auditor and Clerk Robinson stated that designation of Commission liaisons to the advisory boards as well as appointments to the Commission Boards and Committees will be on the Agenda of the May 2, 2005, Regular Commission meeting. (FTR 7:40) D. Mayor Servian requested that City Auditor and Clerk Robinson schedule a Commission retreat. (FTR 7:45) 14. OTHER MATTERS/ADMINISTRATIVE OFFICERS A. In response to a report by City Auditor and Clerk Robinson that applications are being accepted for vacancies on the Planning Board/Local Planning Agency (PBLP), the Parks, Recreation and Environmental Protection Advisory Board, and the Historic Preservation Board, the latter for an attorney who is a City resident, Mayor Servian requested Commission support in recruiting applicants. (7:50) BOOK 58 Page 29816 04/18/05 2:30 P.M. BOOK 58 Page 29817 04/18/05 2:30 P.M. 15. ADJOURN Mayor Servian adjourned the meeting at 7:50 p.m. Muyh MARY ANNE SERVIAN, MAYOR - ATTEST s La 51 BILLYB E. FOBINSONOS CITY AUDITOR AND CLERK 4