BOOK 58 Page 29967 10/17/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 17, 2005, AT 2:30 P.M. PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd "Glossie" Atkins, Commissioners Danny Bilyeu, and Ken Shelin, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson, Michael Connolly, City Attorney's Office ABSENT: Commissioner Lou Ann R. Palmer, in Tallahassee for a meeting of the Intergovernmental Relations Committee, and City Attorney Robert M. Fournier, on vacation The meeting was called to order by Mayor Servian at 2:30 p.m. NVOCATION/ PLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson 1. CITIZENS' INPUT (AGENDA ITEM I) The following person spoke: Mark Herrli concerning the odors being released into the neighborhood from Lift Station No. 7 due to open hatches. (FTR 2:36) 2. CHANGES TO THE ORDER OF THE DAY/ITEMS ON THE CONSENT AGENDA City Auditor and Clerk Robinson presented the following Changes to the Order of the Day: A. Move Unfinished Business, Item No. VI-1 and place under Scheduled Presentations, tem No. XIII-4, Presentation Re: Sarasota Housing Authority (SHA) Update, per the request of Mayor Servian. B. Add Commission Presentations, Item No. XII-3, Presentation Re: Mayor's Citation presented to honor Valerie Buchand for years of dedicated service to the Janie Poe Community, per the request of Mayor Servian. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 4- vote to approve the Changes to the Order of the Day. (FTR 2:38) Vice Mayor Atkins removed Consent Agenda 1, Item No. IV-A-2, concerning recommendations of the Nuisance Abatement Board regarding NAB Case No. 04-020 for discussion. City Auditor and Clerk Robinson stated that Item No. IV-A-2 will be heard under New Business as Agenda Item VI-1. 3. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted Commission consensus to approve the minutes of the October 3, 2005, Regular Commission meeting. 4. BOARD ACTIONS (AGENDA ITEM II) 1) REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF SEPTEMBER 13, 2005 (AGENDA ITEM III-1) Chair Carl Meyer of the Historic Preservation Board and Senior Planner Harvey Hoglund, Planning and Redevelopment Department, presented the following item from the September 13, 2005, meeting of the Historic Preservation Board: Relocation of Crocker Church and Bidwell-Wood House: No action required A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to receive the report of the September 13, 2005, Regular meeting of the Historic Preservation Board. (FTR 2:46) (FTR 2:38) 2) REPORT RE: PUBLIC ART COMMITTEES REGULAR MEETING OF SEPTEMBER 14, 2005 (AGENDA ITEM III-2) Chair Virginia Hoffman, Public Art Committee, and Senior Urban Designer Gary Kecskes, Planning and Redevelopment Department, presented the following items from the September 14, 2005, meeting of the Public Art Committee: "Omphalos" Sculpture A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 4-0 vote to approve the relocation of the "Omphalos" sculpture to Site No. 4 near the center of the peninsula at Bayfront Park. (FTR 2:54) "Interlocking Love" Sculpture A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 4-0 vote to approve the relocation of the 'Interlocking Love" sculpture to the triangular site at Luke Wood Park. (FTR 3:00) A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 4-0 vote to receive the report of the September 14, 2005, Regular meeting of the Public Art Committee. (FTR 3:02) 3) REPORT RE: PARKS, RECREATION, AND ENVIRONMENTAL PROTECTION ADVISORY BOARD'S MEETING OF AUGUST 18, 2005 (AGENDA ITEM II-3) Vice Chair Millie Small, Parks, Recreation, and Environmental Protection Advisory Board, and Supervisor of Maintenance Operations Duane Mountain, Public Works Department presented the following items from the August 18, 2005, meeting of the Parks, Recreation, and Environmental Protection Advisory Board: Circus Sarasota A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to direct Staff to work with Circus Sarasota to develop an agreement for Circus Sarasota to use Payne Park on a trial basis for the 2007 winter season. (FTR 3:06) BOOK 58 Page 29968 10/17/05 2:30 P.M. BOOK 58 Page 29969 10/17/05 2:30 P.M. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, to receive the report of the August 18, 2005, meeting of the Parks, Recreation, and Environmental Protection Board. In response to a comment by Vice Mayor Atkins concerning a decision by the Commission regarding a presentation about the offer of a donation of a carousel at the meeting of the Parks, Recreation, and Environmental Protection Advisory Board, Mayor Servian noted Commission consensus for the Parks, Recreation, and Environmental Protection Advisory Board to explore alternates to the Bayfront as a site for the carousel offered as a donation to the City and determine if the gift is acceptable. (FTR 3:26) Mayor Servian called for a vote on the motion to receive the report of the August 18, 2005, meeting of the Parks, Recreation, and Environmental Protection Board, which carried by a 4- vote. (FTR 3:26) The Commission recessed at 3:26 p.m. for a Special Session of the Golden Gate Point Streetscape Special District and reconvened at 3:36 p.m. 5. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to approve Consent Agenda No. 1, Item Nos. 1, 3, 4, 5, 6, 7, 8, and 9 as follows: (FTR) 1) Set for public hearing proposed Ordinance No. 05-4654, amending the Sarasota City Code, Chapter 23, Peddlers and Solicitors, Article I, In General, Section 23-3.6, Commercial Vending on Public Property and Public Right of Way sO as to limit commercial vending to foodstuffs and beverages, raise the application fee to one hundred fifty dollars ($150.00) and allow vendors to have a chair and employees; repealing ordinances in conflict; etc 3) Authorize the Mayor and City Auditor and Clerk to execute Amendment No. 2 to Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems (FDEP) Funding Agreement for Lido Key Beach Nourishment Project. 4) Authorize the Mayor and City Auditor and Clerk to execute the First Extension to Agreement for Consulting Engineering Services [Soil and Water Testingl between the City of Sarasota and Ardaman & Associates, Inc., for a period of November 29, 2005, through November 28, 2006. 5) Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Interlocal Agreement between Sarasota County and the City of Sarasota regarding Sarasota County/City of Sarasota Enterprise Zone and Enterprise Zone Development Agency. 6) Authorize the Mayor and City Auditor and Clerk to execute the City of Sarasota Lease Agreement between the Sarasota Family Young Men's Christian Association, Inc. (YMCA) for 2706 North Osprey Avenue for three (3) years with two options to one year after school care program at the site. 7) Authorize the Mayor and City Auditor and clerk to execute a contract for Environmental Engineering Consulting Services between the City of Sarasota and Vanasse Hangens Brustlin, Inc. (RFP No. 05-45W). 8) Planning Board Resolution recommending approval of Major Conditional Use Application No. 05-CU-03 and Site Plan Application No. 05-SP-09 to allow expansion of an existing church and related facilities at 1947 31st Street, 1931 31st Street, and 3048 Pershing Avenue as a major conditional use on these properties located in the Residential Single Family-4 (RSF-4) Zone District and Residential Multiple Family-2 (RFM-2) Zone District; providing for conditions of approval and providing that said major conditional use is required to be constructed and located in accordance with the site plan submitted with Application No. 05-SP-09; and providing for an effective date. 9) Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Lease Agreements for Parcels A-1, A-2, A-3, and B-1. 6. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read the titles of proposed Resolution No. 05R-1853 and proposed Ordinance Nos. 04-4588 and 05-4652. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 4- 0 vote to adopt Consent Agenda No.2, Item Nos. 1 through 3, inclusive, as follows: (FTR 3:40) 1) Proposed Resolution No. 05R-1853, approving the Joint Application with Sarasota County, Florida to re-designate and to amend the boundaries of the Sarasota Enterprise Zone; providing for the re-designation of an area for consideration as an Enterprise Zone; defining the area that continues to exhibit extreme and unacceptable levels of poverty, unemployment, physical deterioration and economic disinvestment; finding the means of rehabilitation, conservation or redevelopment of said area; finding that it is necessary for the private sector to invest its own resources that build or rebuild the economic vitality of said area; etc.(Title Only) 2) Proposed Ordinance No. 04-4588, providing for the designation of the structures located at 542 Ohio Place, historically known as the J. Walton Taylor Family Home, as a structure of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc (Title Only) (Application No. 04-#D-05, Applicant Mikki Hartig, as agent representing Judith Jones, as owner) 3) Proposed Ordinance No. 05-4652, amending Chapter 36, Sarasota City Code, Vehicles for Hire, Article II, Taxicabs and other Vehicles for Hire, Section 36-42 Rates and Fares - Taxicabs, sO as to raise the fuel surcharge based upon the cost of regular self-service gasoline; repealing ordinances in conflict; providing for the severability of the parts hereof; etc. 7. BOARD APPOINTMENTS (AGENDA ITEM V) 1) APPOINTMENT RE: YOUTH ADVISORY BOARD A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 4-0 vote to appoint Alexander Dorr to the Youth Advisory Board. (FTR 3:41) 8. UNFINISHED BUSINESS (AGENDA ITEM VI) 2) PROGRESS REPORT RE: REGULATING POWER BOAT RACING IN THE BAY AND ASSOCIATED USES (AGENDA ITEM VI-2) Deputy City Manager V. Peter Schneider and Police Chief Peter Abbott gave a presentation. BOOK 58 Page 29970 10/17/05 2:30 P.M. BOOK 58 Page 29971 10/17/05 2:30 P.M. The following people spoke: Nancy Longstreth, Director of Sales and Marketing for the Sarasota Hyatt Hotel, regarding the Hyatt's willingness to work with the City concerning poker runs by powerboats in Sarasota Bay. Yvonne Lacey regarding concerns about racing powerboats in north Sarasota Bay. Mayor Servian noted Commission consensus to refer the issue of the impact of powerboat racing on the ecosystem of Sarasota Bay to the Parks, Recreation, and Environmental Protection Advisory Board. Deputy City Manager Schneider stated that a number of issues will be taken to the Parks, Recreation, and Environmental Protection Advisory Board, including parking overnight in Centennial Park and the Van Wezel Performing Arts Hall parking lot; that a report will be provided back to the Commission. Mayor Servian stated that the Neighborhood Partnership Office should notify the affected neighborhoods concerning the meeting of the Parks, Recreation, and Environmental Protection Advisory Board at which the topic will be discussed. Deputy City Manager Schneider stated that the neighborhoods will be notified. 3) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 03-4493, TO CONDITIONALLY VACATE THAT CERTAIN 15 FOOT WIDE PLATTED ALLEY WHICH RUNS FROM NORTH TO SOUTH LOCATED BETWEEN LOTS 5, 7, 9, 11, 13, 15, AND A PORTION OF LOT 17 ON THE WEST AND LOTS 6, 8, 10, 12, 14, 16, AND PORTIONS OF LOT 18 ON THE EAST ALL IN BLOCK "D", NORTH AUDUBON PLACE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 54 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, SAID ALLEY BEING LOCATED APPROXIMATELY 100 FEET EAST OF AND PARALLEL TO AUDUBON PLACE COMMENCING AT APPROXIMATELY 100 FEET SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF 6TH STREET, ALL AS MORE PARTICULARLY DESCRIBED HEREIN; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (AGENDA ITEM VI-3) Attorney Connolly gave a presentation and indicated the recommended motion to deny proposed Ordinance No. 03-4493 is withdrawn as all the conditions precedent have been met by the applicant. City Auditor and Clerk Robinson read proposed Ordinance 03-4493 by title only. A motion was made by Commissioner Shelin, seconded by Mayor Servian who passed the gavel to Vice Mayor Atkins, and carried by a 4-0 vote to adopt proposed Ordinance No. 03- 4493 on second reading. (FTR 4:15) 4) ADOPTION RE: PROPOSED RESOLUTION NO. 06R-1860, AUTHORIZING THE ISSUANCE, SUBJECT TO THE BOND REFERENDUM HEREIN PROVIDED FOR, OF NOT TO EXCEED $5,800,000 GENERAL OBLIGATION BONDS FOR THE CITY OF SARASOTA, FLORIDA, PAYABLE FROM THE FULL FAITH, CREDIT AND UNLIMITED AD VALOREM TAXING POWER OF THE CITY WITHIN THE GOLDEN GATE POINT STREETSCAPE SPECIAL DISTRICT OF PROVIDING FUNDS, TOGETHER WITH ANY OTHER LEGALLY AVAILABLE FUNDS, TO FINANCE THE COST OF CONSTRUCTION OF STREETSCAPE RELATED CAPITAL PROJECTS CONSISTING OF ENHANCEMENTS AND IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY AND/OR PUBLIC EASEMENTS LOCATED WITHIN THE GOLDEN GATE POINT STREETSCAPE SPECIAL DISTRICT; PROVIDING FOR AND CALLING A BOND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY WITHIN THE DISTRICT TO BE HELD ON DECEMBER 13, 2005; PROVIDING FOR OFFICIAL BALLOTS; PROVIDING FOR BOND REFERENDUM PROCEDURES; ESTABLISHING INTENT TO REIMBURSE SUCH CAPITAL EXPENDITURES INCURRED WITH PROCEEDS OF SUCH GENERAL OBLIGATION BONDS; ETC. (TITLE ONLY) (AGENDA ITEM VI-4) Finance Director Gibson Mitchell gave a presentation. City Auditor and Clerk Robinson read the proposed Resolution No. 06R-1860 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to adopt proposed Resolution No. 06R-1860. (FTR 4:17) 5) APPROVAL RE: BID AND CONSTRUCT PHASE I OF THE PAYNE PARK MASTER PLAN UTILIZING THE FUNDING PLAN OUTLINED IN THE PRESENTATION AND ADVERTISE FOR A REQUEST FOR PROPOSAL TO SELECT A PROFESSIONAL FUNDRAISER TO SEEK PRIVATE, GRANT OR NAMING OPPORTUNITIES FOR THE ADDITIONAL ELEMENTS OUTLINES IN THE PRESENTATION (AGENDA ITEM VI-5) Finance Director Gibson Mitchell, Supervisor of Maintenance Operations Duane Mountain, and Glen Herbert, Landscape Architect, gave a presentation. A motion was made by Commissioner Bilyeu, seconded by Vice Mayor Atkins, and carried by a 4-0 vote to extend the afternoon session to complete Agenda Items VI-5 through VI-8 or 5:00 p.m. whichever comes first. (FTR 4:28) A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 4-0 vote to authorize staff to bid and have constructed Phase I of the Payne Park Master Plan including the skate park building with funding of $7,500,000 from the Local Option Sales Tax (L.O.S.T.), also called the penny sales tax. (FTR 4:43) A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, to authorize Staff to advertise for a Request for Proposal to select a professional fundraiser to seek private, grant or naming opportunities for the additional elements as follows; 1. Community Center: $1,000,000 2. Adventure Playground $1,000,000 3. Amphitheater $1,000,000 Vice Mayor Atkins stated that the scope of the professional fundraising activities should include other parks and recreation opportunities. Mayor Servian restated the motion with the consensus of the maker and seconder of the motion as to advertise for a Request for Proposal to select a professional fundraiser to seek BOOK 58 Page 29972 10/17/05 2:30 P.M. BOOK 58 Page 29973 10/17/05 2:30 P.M. private, grant or naming opportunities for the additional elements as follows and identify other parks and recreation opportunities: 1. Community Center: $1,000,000 2. Adventure Playground $1,000,000 3. Amphitheater $1,000,000 (FTR 4:44) Motion carried 4-0. 6) APPROVAL RE: AMENDMENT 1 TO THE SHIP LOCAL HOUSING ASSISTANCE PLANS FOR FISCAL YEARS 2005-2006, 2006-2007, 2007-2008, AND TO AMEND THE HOUSING PARTNERSHIP PROGRAM, HOME CHDO, DOWN PAYMENT ASSISTANCE, IMPACT FEE AND HOUSING REHABILITATION PROGRAM GUIDELINES (AGENDA ITEM VI-6) Director of Housing and Community Development Donald Hadsell gave a presentation. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to adopt Amendment 1 to the SHIP Local Housing Assistance Plan for fiscal years 2005-2006, 2006-2007, and 2007-2008 and to amend the Housing Partnership, HOME, Community Housing Development Organization (CHDO), Down Payment Assistance, Impact Fee, and Housing Rehabilitation Program guidelines. (FTR 4:46) 7) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF SARASOTA AND AYERS & ASSOCIATES, INC., (RFP #04-OE) FOR THE RECONSTRUCTION OF BRADENTON ROAD FINAL DESIGN AND CONSTRUCTION PHASE BETWEEN 32ND STREET AND UNIVERSITY PARKWAY IN THE AMOUNT OF $522,100.63 (AGENDA ITEM VI-7) Deputy Director Alexandrea Davis Shaw, Engineering Department, Gary Nadeau, Project Manager, Ayers and Associates, and Tomara Kafka, representing the Bayou Oaks Neighborhood Association, gave a presentation. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to accept the preliminary concept and approve the Agreement for Engineering Services which includes final design, and construction administration with Ayers and Associates for the reconstruction of Bradenton Road in the amount of $522,100.63 and to authorize the Mayor to sign and City Auditor and Clerk to attest same. (FTR 4:56) 8) APPROVAL RE: ESTABLISHMENT OF POLICY AND GUIDELINES FOR STANDARDIZATION OF NEIGHBORHOOD DENTIFICATION SIGNAGE WITHIN THE CITY (AGENDA ITEM VI-8) Senior Neighborhood Planner Ryan Chapdelain, Neighborhood Partnership Office, gave a presentation. In response to a comment by Commissioner Bilyeu regarding a policy to incorporate the City logo in neighborhood signage, Mayor Servian noted Commission consensus for all neighborhood signs in the right-of-way to include the City logo. Mayor Servian noted Commission consensus to approve Staff's recommendation for standardization of neighborhood signage with respect to scale, design, and material as indicated in the neighborhood sign options included in the Agenda backup material. (FTR 5:02) The Commission recessed at 5:02 p.m. and reconvened at 6:03 p.m. 9. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: CERTIFICATES OF RECOGNITION OF ADDITION OF THE CENTRAL COCOANUT NEIGHBORHOOD AND ROSEMARY CEMETERY TO THE UNITED STATES DEPARTMENT OF INTERIOR/NATIONAL PARK SERVICE NATIONAL REGISTER OF HISTORIC PLACES" (AGENDA ITEM XII-1) - Presented to Kitty Kelly of the Board of Directors of the Central Cocoanut Neighborhood Association, accepting for the Central Cocoanut Neighborhood and Judy Ball, representative of the Rosemary Cemetery Committee, and Arnold Berns, President of the Sarasota Historical Society, accepting for the Rosemary Cemetery. 2) PROCLAMATION RE: PROCLAIMING OCTOBER 24, 2005 AS UNITED NATIONS DAY IN THE CITY OF SARASOTA (AGENDA ITEM XII-2) - Presented to Dorothy Watson, President, Pattie Lanier, First Vice President, United Nations Association Sarasota/Manatee Chapter, and Kenneth Hill, Retired US Ambassador. 3) PRESENTATION RE: MAYOR'S CITATION PRESENTED TO HONOR VALERIE BUCHAND FOR YEARS OF DEDICATED SERVICE TO THE JANIE POE COMMUNITY (AGENDA ITEM XII-3) - Presented to Valerie Buchand 10. SCHEDULED PRESENTATIONS (AGENDA ITEM XIII) 1) PRESENTATION RE: SARASOTA SISTER CITIES ANNUAL REPORT (AGENDA ITEM XIII-1) Bill Wallace, President, and Linda Rosenbluth, Past President, Sarasota Sister Cities Association, gave a presentation. Sid Krupkin of Sarasota sang and played "The Bridge,' a song he composed with Elie Matstree of Tel Mond. (FTR 6:42) 2) PRESENTATION RE: REQUEST FOR THE CITY OF SARASOTA TO BECOME A SPONSOR OF THE 2006 SARASOTA FILM FESTIVAL (AGENDA ITEM XIII-2) Jody Kielbasa, Executive Director, Hans Wohlgefahrt, Outreach and Education Director, lan Black, Head of Corporate Fund-Raising, Sarasota Film Festival, and Tony Sousa, Executive Director, Downtown Partnership, gave a presentation. Mayor Servian noted Commission consensus to endorse the following requests of the Sarasota Film Festival and to refer to Staff to find the funding: 1. Allocate $5,000 for the Sarasota Film Festival for City services for the Festival. 2. Annually fund $5,000 for the Sarasota Film Festival in the unclassified fund - special services budget. BOOK 58 Page 29974 10/17/05 2:30 P.M. BOOK 58 Page 29975 10/17/05 2:30 P.M. 3. Allocate $2,500 for the cost of banners to advertise the festival, which will work with the Main Street Merchant's Association to schedule and hang the banners. 4. Co-host with the Sarasota and State Film Commissions a welcome reception for visiting filmmakers and industry guests with funding of $5,000 through the City or a local business, showcasing Sarasota as a oroduction destination for up to 100 filmmaker and industry attendees. 5. Work with the downtown merchants to allocate 10 to 12 parking spaces on the north side of Main Street between Applebee's and Zoria's for the duration of the Sarasota Film Festival to host the Full Sail on Tour Show Truck, showcasing technology and careers in entertainment, created for field trips for the approximately 5,000 Sarasota County students who will attend. 3) PRESENTATION RE: ESTABLISHMENT OF A WEDNESDAY AFTERNOON FARMERS' MARKET ON PINEAPPLE AVENUE IN THE BURNS COURT AREA (AGENDA ITEM XIII-3) John Matthews, Manager of the Farmers' Market, and Tony Sousa, Executive Director, Downtown Partnership, gave a presentation. Mayor Servian noted Commission majority consensus to refer the establishment of a Wednesday afternoon Farmers' Market to Staff for a report back with Vice Mayor Atkins opposing. (FTR 7:22) 4) PRESENTATION RE: SARASOTA HOUSING AUTHORITY (SHA) UPDATE (AGENDA ITEM XII-4) Bill Russell, Executive Director, Sarasota Housing Authority, Carmen Valenti, Senior Public Housing Specialist, U.S. Department of Housing and Urban Development, and Valerie Buchand, representing the Sarasota Housing Authority Residents' Association, gave a presentation. The Commission recessed at 7:40 p.m. and reconvened at 7:58 p.m. 11. NON QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-A) City Auditor and Clerk Robinson repeated the Commission's Pledge of Public Conduct and administered an oath to all individuals wishing to speak during the public hearings. 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4647, TO CONDITIONALLY VACATE THAT CERTAIN PLATTED BUT UNIMPROVED 45 FOOT WIDE 31ST STREET RIGHT OF WAY BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF PERSHING AVENUE AND BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY. LINE OF NORTH WASHINGTON BOULEVARD (U.S. HIGHWAY 301) AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) APPLICANT NO. 05-SV-05, APPLICANT BRENDA PATTEN, ESQUIRE, AS AGENT REPRESENTING TRUVINE MISSIONARY BAPTIST CHURCH, INC., AS THE FEE SIMPLE OWNER) (AGENDA ITEM XIV-A-1) Brenda Patten, Land Use Attorney, law firm of Kirk-Pinkerton, Mel Pettis, Chair of Planning and Building Committee for Truvine Missionary Baptist Church, Inc., and Harry Witte, architect, gave the presentation for the Applicant. Senior Planner Harvey Hoglund, Planning and Redevelopment Department, gave the presentation for Staff. In response to a question from Mayor Servian concerning an easement over the property for pedestrian access, Attorney Patten stated that to further implement the Comprehensive Newtown Redevelopment Plan, the area being vacated will be paved and an easement will be granted for use by the public as a pedestrian walkway during the week when the church is not using the area for parking. City Auditor and Clerk Robinson read the proposed Ordinance No. 05-4647 by title only. A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 4-0 vote to pass proposed Ordinance No. 05-4647 on first reading. (FTR 8:18) 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4637, AMENDING THE CITY OF SARASOTA ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE, SECTION 104.6.1 (6) AS ADOPTED BY REFERENCE IN CHAPTER 11, ARTICLE II, SARASOTA CITY CODE TO INCREASE THE MAXIMUM AMOUNT FOR A ZONING FEE; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; ETC. (TITLE ONLY) (AGENDA ITEM XIV-A-2) A presentation was given by Timothy Litchet, Director, Building, Zoning, and Code Compliance, and Michael Taylor, Deputy Director, Planning and Redevelopment Department. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4637 by title only. A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 4-0 vote to pass proposed Ordinance No. 05-4637 on first reading. (FTR 8:22) 3) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4644, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA, AMENDING SECTION 21-96, DEFINITIONS TO AMEND THE DEFINITIONS OF "CREDITED SERVICE" AND "EMPLOYEE"; AMENDING SECTION 24-97, MEMBERSHIP; AMENDING SECTION 24-101, CREDITED SERVICE; AMENDING SECTION 24-104, OPTIONAL FORMS OF PENSION; AMENDING SECTION 24-108, DISTRIBUTION OF BENEFITS; AMENDING SECTION 24-115, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 24-116, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 24-117, DEFERRED RETIREMENT OPTION PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF IF DECLARED INVALID; ETC (TITLE ONLY) (AGENDA ITEM XIV-A-3) A presentation was given by Michael Taylor, Chair of the General Employees Pension Fund Board of Trustees. The following person spoke: Joseph Munac with regard to proposed Ordinance No.05-4644. BOOK 58 Page 29976 10/17/05 2:30 P.M. BOOK 58 Page 29977 10/17/05 2:30 P.M. Vice Mayor Atkins announced a conflict of interest regarding proposed Ordinance No. 05-4644 as the proposed Ordinance could result in a special private gain as he has the required ten years of service for vesting in the pension plan. City Auditor and Clerk Robinson read proposed Ordinance 05-4644 by title only. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 3-0 vote with Vice Mayor Atkins abstaining to pass proposed Ordinance 05-4644 on first reading. (FTR 8:36) 12. QUASH-JUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-B) Attorney Connolly explained the quasi-judicial public hearing process. 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05 4653, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1905 ALTA VISTA STREET, HISTORICALLY KNOWN AS THE PEARSALL HOUSE, AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC DESIGNATION REGULATIONS OF THE CITY FOUND IN ARTICLE IV, DIVISION 8 OF THE ZONING CODE (2002 EDITION) ALL AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 05-HD-02, APPLICANT MIKKI HARTIG, AS AGENT REPRESENTING CAROLYN VAN HELDEN, TRUSTEE OF THE CAROLYN JONES VAN HELDEN TRUST, AS OWNER) (AGENDA ITEM XIV-B-1) Mikki Hartig, Principal, Historical and Architectural Research Services, representing Carolyn Van Helden, trustee of the Carolyn Van Helden Trust, gave the presentation for the Applicant. Senior Planner Harvey Hoglund, Planning and Redevelopment Department gave the Staff presentation. City Auditor and Clerk Robinson read the proposed Ordinance No. 05-4653 by title only. A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to pass proposed Ordinance 05-4653 on first reading. (FTR 8:36) 13. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) The following person spoke: Mark Herrli with concerns to the odors being released into the neighborhood from Lift Station No. 7 due to an open shaft. 14. NEW BUSINESS (AGENDA ITEM XVII) 1) DISCUSSION RE: PROHIBITING UNDERAGE PEOPLE (18-21 YEARS OF AGE) IN NIGHTCLUBS IN THE CITY (AGENDA ITEM XVII-1) Attorney Connolly, Police Chief Peter Abbott, and Police Captain Thomas Duncan gave a presentation. Mayor Servian noted Commission consensus for Staff to work with the Downtown Association and the Young Professional Group to develop recommendations concerning the issues raised in the discussion including: a prohibition against under age people, i.e., under the age of 21, from entering nightclubs a requirement for an establishment to hire additional security, including off- duty police, if a certain threshold of incidents is exceeded a requirement private security will call police if the situation warrants a review by the Building, Zoning, and Code Compliance Department of eliminating grandfathering provisions regarding sprinkler systems if the building has a certain intensity of use Mayor Servian asked if Staff needed further direction from the Commission? Attorney Connolly stated no. (FTR 9:18) 2) PRESENTATION RE: SARASOTA POLICE DEPARTMENTS DEPLOYMENT OF THE LESS LETHAL TASER DEVICE FOR THE FIRST SIX MONTHS OF USE (AGENDA ITEM XVII-2) Police Chief Peter Abbott, Police Captain Mikel Hollaway, Commanding Officer for Professional Standards Division, Jay Frank, Public Communications Representative, Police Sergeant Randy Boyd, Supervisor of the Training Unit, and Police Training Officer Bryan Graham gave a presentation. (FTR 9:54) 3) APPROVE RECOMMENDATIONS OF THE NUISANCE ABATEMENT BOARD AND AUTHORIZE THE CITY ATTORNEY'S OFFICE TO PROCEED WITH FORECLOSURE OF LIENS PLACED BY THE CITY ON THE PROPERTY KNOWN AS 2938 PERSHING AVENUE PURSUANT TO NAB CASE NO. 04-020, CITY OF SARASOTA VERSUS SEAN BUTLER, ADAM KEITH BUTLER, MICHAEL BUTLER, TERRY BUTLER, LARRY BUTLER, MICHELLE BUTLER, TROY BUTLER, AND MICHAEL BUTLER, JR. AND NAB CASE NO. 01-22, CITY OF SARASOTA VERSUS SEAN BUTLER, KEITH BUTLER, MICHAEL BUTLER, TERRY BUTLER, LARRY BUTLER, MICHELLE BUTLER, AND TROY BUTLER Attorney Connolly gave a presentation indicating the Nuisance Abatement Board recommends the Commission approve foreclosure action in NAB Case Nos. 04-020 and 01- 22. In response to concerns expressed about City foreclosure action by Vice Mayor Atkins, Mayor Servian stated that City foreclosures should not be placed on the Consent Agenda; that all the evidence should be brought before the Commission prior to taking such serious action. Deputy City Manager V. Peter Schneider stated that a report will be placed on the Agenda of the November 7, 2005, Regular Commission meeting. (FTR 10:03) BOOK 58 Page 29978 10/17/05 2:30 P.M. BOOK 58 Page 29979 10/17/05 2:30 P.M. 15. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XVIII) A. Vice Mayor Atkins reported on the meeting of the Board of Directors of the Enterprise Zone Development Agency. (FTR 10:04) B. Commissioner Bilyeu reported on the meeting of the Suncoast Partnership to End Homelessness. C. Commissioner Bilyeu reported on the Juvenile Justice Board, which regularly meets on Mondays other than Commission meeting dates; that a request is not to schedule Commission workshops or Special Commission meetings on Mondays. City Auditor and Clerk Robinson stated that the schedule will be consulted prior to scheduling a workshop or Special Commission meeting. D. Commissioner Bilyeu reported on concerns regarding attendance at meetings of the City Advisory Boards on which Commissioners serve as liaisons due to work-related obligations. City Auditor and Clerk Robinson stated that the Commissioner liaison program was designed as an informal program, not requiring Commissioner attendance at every meeting. E. Commissioner Shelin reported on the meeting of the Public Art Committee and stated that the clown project sponsored by Hospice of Sarasota was referred to the Public Art Committee but should be approved. City Manager McNees stated that the project was approved by the Commission at the October 3, 2005, Regular Commission meeting contingent upon a determination as to objections by Public Art Committee; that the clown project has already been approved in the absence of objections by the Public Art Committee. In response to a comment by Commissioner Shelin, Mayor Servian noted Commission consensus to approve administratively the location of and number of participants in the clown project. (FTR 10:16) 16. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XIX) A. Vice Mayor Atkins stated that Regions Bank is sponsoring a business directory for the Enterprise Zone; that representatives of companies should contact the Newtown Redevelopment Office for inclusion in the business directory. B. In response to comments by Commissioner Bilyeu concerning the purchase of property for affordable housing, Mayor Servian stated that the Commissioners can refer information regarding property for sale to the Administration to develop a strategy to preserve the property or a partnership for affordable housing. C. In response to comments by Commissioner Shelin concerning the November 8, 2005, referendum concerning funding for environmentally sensitive land, Mayor Servian stated that a letter will be sent to the County requesting a commitment to spend a portion of the funds in the City for the City Commission to support the referendum. D. In response to comments by Commissioner Shelin, Mayor Servian stated that a letter will be sent to the County to mprove the maintenance of the medians and landscaping on Benjamin Franklin Drive. E. In response to a question by Commissioner Shelin concerning the new streetlights on Benjamin Franklin Drive, City Manager McNees stated that information concerning when the streetlights will be operational will be obtained and provided the Commission. F. In response to a question concerning the timing of the rezoning of property in the Rosemary District by Commissioner Shelin, Mayor Servian stated that the Administration is investigating the potential for increasing density as a result of the September 21, 2005, Commission workshop concerning Attainable Housing. G. In response to comments by Vice Mayor Atkins and a question from Mayor Servian concerning strategies to develop affordable housing in the Community Redevelopment Area, City Manager McNees stated that a meeting with Staff is scheduled in the near future to discuss the tools to develop affordable housing; however, the schedule for returning a report to the Commission is not known at this time. 17. ADJOURN (AGENDA ITEM XXI) Mayor Servian adjourned the meeting at 10:45 p.m. - - Pun MARKANNE SERVIAN/MAYOR BAEYEL OBINSONCITY. AUDITOR AND CLERK 9.0; à - BOOK 58 Page 29980 10/17/05 2:30 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LASTN NAME- FIRST! NAME MIDDLENAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Atkins Fredd "Glossie" City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHI SERVE IS Al UNIT OF: 1598 29th Street COUNTY Xo CITY OCOUNTY a OTHER LOCAL AGENCY CITY NAME OF POLITICAL SUBDMISION: Sarasota Sarasota City of Sarasota DATE ON WHICHVOTE OCCURRED MY POSITION IS: October 17, 2005 R ELECTIVE a APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form ini the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. Thei form must be read publicly at the next meeting after the form is filed. IF YOUI MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: Your must disclose orally the nature of your conflict in the measure before participating. Your must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST , Fredd "Glossie" Atkins hereby disclose that on October 17 2005. (a) A measure came or will come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Approval to pass on first reading propose Ordinance No. 05-4644, amending Chapter 24, Personnel, Article II, Pension, Division 4, General Employees, of the. Code of Ord- inances of the City of Sarasota, Amending Section 21-96, Definitions to amend " the def- initions of credited service" and 'employee' ; amending section 24-97, Membership; amending Section 24-101, credited service; amending Section 24-104, optional forms of pension; amending Section 24-108, distribution of benefits; amending Section 24-115, direct transfer of eligible rollover distributions; amending Section 24-116, reemploy- ment after retirement; amending Section 24-117, deferred retirement option plan - I have the required ten years of service for vesting in the pension plan and could, therefore, be favorably affected by the provisions of the proposed Ordinance. solo/os Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B EFF. 1/2000 PAGE 2