Book 58 Page 30105 04/03/06 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF APRIL 3, 2006, AT 2:30 P.M. PRESENT: Mayor Mary Anne Servian, presiding (afternoon session), Vice Mayor Fredd "Glossie" Atkins, presiding (evening session), Commissioners Danny Bilyeu, Lou Ann Palmer and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson ABSENT: Mayor Mary Anne Servian (evening session), traveling to Tallahassee to lobby on City business The meeting was called to order by Mayor Servian at 2:45 p.m. INVOCATION: City Auditor and Clerk Robinson PLEDGE OF ALLEGIANCE: Frank Bahl who served in the U.S. Army from 1967 to 1971 as a member of Special Forces with a tour of duty in Vietnam from 1968 to 1969 1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I) The following person spoke: Charles Senf concerning the application for a neighborhood grant for the Terrace Gardens Neighborhood Association which was denied by the City and the guidelines for establishing a recognized neighborhood association. (FTR: 2:51) 2. APPROVAL OF MINUTES (AGENDA ITEM II) Commissioner Shelin stated that Agenda tem XVII, Adjourn, of the March 20, 2006, minutes of the Regular Commission meeting should indicate the Vice Mayor adjourned the meeting rather than the Mayor as the Mayor had left earlier in the meeting. Mayor Servian noted Commission consensus to approve the minutes of the Regular Commission meeting of March 20, 2006, as revised. (FTR 2:51) 3. BOARD ACTION (AGENDAI ITEM III) 1) REPORT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION BOARD'S REGULAR MEETINGS OF NOVEMBER 17, 2005, DECEMBER 15, 2005, AND FEBRUARY 16, 2006 (AGENDA ITEM III-1) Chair Millie Small and Capital Projects Manager Duane Mountain, Public Works Department, presented the following items from the November 17 and December 15, 2005, and February 16, 2006, Regular meetings of the Parks, Recreation, and Environmental Protection Advisory Board (Parks Board): The Placement of a "Peace Pole" in Bayfront Park Chair Small stated that the Parks Board voted 4-0 to recommend the Commission approve the installation of a "Peace Pole" in Bayfront Park. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 4-1 vote with Commissioner Palmer voting no to approve the placement of a "Peace Pole" in Bayfront Park. (FTR2:53) High Speed Power Boats in Sarasota Bay Chair Small stated that the Parks Board received a report from the Sarasota Bay National Estuary Program indicating the environmental impact of high speed power boats is no greater than smaller power boats. In response to a question from Commissioner Palmer concerning the results of meetings with members of the boating community, Deputy City Manager V. Peter Schneider stated that a meeting was held with members of the boating community who agreed to take steps to decrease the issues resulting from running high speed power boats on the Bay; that no further action is necessary at this time. Nitrogen and Algae Runoff Chair Small stated that the Parks Board received a report concerning integrated pest management and landscape maintenance practices and voted 5-0 to recommend the Commission adopt an ordinance based on an ordinance adopted by St. John's County, after conducting some additional research and hearing from additional experts. In response to a question from Mayor Servian concerning necessary Commission action, Chair Small stated that the City Attorney and the Director of Building, Housing and Code Compliance are reviewing the St. John's County ordinance; that a report will be provided the Parks Board; that no further action is necessary at this time. Environmental Specialist Chair Small stated that the Parks Board voted 5-0 to recommend the Commission budget for a position of Environmental Specialist in the fiscal year 2006/07 budget. Mayor Servian noted consensus to add consideration of funding for the position of an Environmental Specialist during the fiscal year 2006/07 budget deliberations. (FTR 2:58) A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu and carried by a 5-0 vote to accept the reports of the regular meetings of November 17 and December 15, 2005, and February 16, 2006, of the Parks, Recreation, and Environmental Protection Advisory Board. (FTR 2:59) Chair Small stated that the cooperation between the City and the County is delightful. In response to a question from Mayor Servian concerning County funding for improvements at Payne Park, City Manager McNees stated that consideration of funding by the County has not been discussed at any meetings personally attended. In response to a comment by Commissioner Palmer concerning a request for County funding, City Manager McNees stated that a new request to the County probably should wait until responses to previous requests for County financial participation in various proposals are received. 4. ITEMS REMOVED FROM THE CONSENT AGENDA Commissioner Bilyeu removed the following Item from Consent Agenda No. 1: A. Item No. IV-A-4, Approval Re. Indemnity Provisions contained in the Remediation Agreement between the City of Sarasota and Wal-Mart Stores East, L.P., to provide that the indemnification provisions terminates upon the expiration of seven (7) years after Wal-Mart is issued a certificate of occupancy for the proposed Super Center. Book 58 Page 30106 04/03/06 2:30 P.M. Book 58 Page 30107 04/03/06 2:30 P.M. City Auditor and Clerk Robinson stated that Item No. IV-A-4 would normally be placed under Unfinished Business as Item No. VI-6; nowever, as the Mayor will be leaving early on City business, the item could be heard under Unfinished Business as Item No. VI-3 in the afternoon session. Mayor Servian noted Commission consensus to consider the item under Unfinished Business as Item No. VI-3. The Commission recessed at 3:03 p.m. and convened into a Special Session as the Community Redevelopment Agency and reconvened at 3:42 p.m. 5. CONSENT AGENDAI NO. 1 (AGENDA ITEM IV-A) A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 1, 2, and 3 as follows: 1) Approval Re: Award of agreement to Beach Construction Company, Incorporated, in the amount of $1,300,000.00 for advanced wastewater treatment facility improvements effluent air strippers, TB06-16W and authorize the Mayor and City Auditor and Clerk to execute. 2) Approval Re: Revisions to Owner Occupied Housing Rehabilitation Program Policy Guidelines. 3) Approval Re: Authorize the Administration to execute an Agreement for Neighborhood Grant Funding with each association awarded funding for FY 2005/06 disbursing $11, 202.11 for crime-related projects.(FTR 3:34) 6. CONSENT AGENDA NO. 2 (CONTINUED TO ITEM 12)(AGENDA ITEM IV-B) City Auditor and Clerk Robinson read proposed Resolution Nos. 06R-1896 and 06R-1897 and proposed Ordinance No. 05-4647 by title only. A motion was made by Commissioner Shelin, seconded by' Vice Mayor Atkins, and carried by 5-0 vote to adopt Consent Agenda No. 2, Item Nos. 1, 2, and 3 as follows: 1) Proposed Resolution No. 06R-1896, amending the budget for the fiscal year beginning October 1, 2005 by providing for supplemental appropriations in the amounts identified in Exhibit A; etc. (Title Only) 2) Proposed Resolution No. 06R-1897, supporting US Airways application dated March 17, 2006 with the United States Department of Transportation (USDOT) to provide service between Washington Reagan National Airport (DCA) and the Sarasota-Bradenton International Airport (SRQ); etc. (Title Only) 3) 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; etc. on second reading (Title Only) (FTR 3:36) 7. UNFINISHED BUSINESS (AGENDAI ITEM VI) 1) DISCUSSION RE: PROPOSED RELOCATION OF MEMORY PATH PUBLIC ARTWORK PRESENTLY IN SELBY FIVE POINTS PARK (AGENDA ITEM VI-1) City Attorney Fournier gave a presentation concerning the application of the Visual Artists Rights Act (VARA) to the possible relocation of the Memory Path public artwork out of Selby Five Points Park and the contract with the artist, Athena Tacha, to develop the public artwork. Mayor Servian stated that hearing no objections, any further decision concerning the artwork will be delayed until after the public charrette concerning plans for Selby Five Points Park. 2) APPROVAL RE: ACCEPT THE U.S. 41/GULF STREAM AVENUE AND U.S. 41/FRUITVILLE ROAD ROUNDABOUTS PRELIMINARY DESIGN STUDY SCOPE OF SERVICES AND AUTHORIZE PARTIAL FUNDING IN THE AMOUNT OF $16,650 (AGENDA ITEM VI-2) Traffic Engineering Manager Osama "Sam" Freija, Engineering Department, gave the Staff presentation. In response to a question by Commissioner Shelin concerning reference to the Florida Roundabout Guidelines in the Scope of Services, Traffic Engineering Manager Freija stated that the Scope of Services was developed under the guidance of the Florida Department of Transportation (FDOT) staff; however, staff will amend the Scope of Services to include the Florida Roundabout Guidelines. (FTR 3:49) In response to a question by Mayor Servian concerning options other than roundabouts, Traffic Engineering Manager Freija stated that Staff is required by the FDOT to evaluate the alternate option of conventional signalized intersections, which can be clarified in the Scope of Services. (FTR 3:50) In response to a question from Commissioner Shelin concerning the relationship between Kittleson and Associates, Inc., and Tindale-Oliver and Associates, Inc., Traffic Engineering Manager Freija stated that the City has a contract with Tindale-Oliver and Associates, Inc., for traffic analysis studies; that Kittleson and Associates is an expert on roundabouts and will serve as a subcontractor in performing the analysis (FTR 3:52) The following people spoke: Gil Waters representing Mobility Now, concerning the importance of a study to determine the best alternate for traffic flow for U.S. 41/Gulf Stream Avenue and U.S. 41/Fruitville Avenue and requesting a statement be included in the Scope of Services to indicate the consultant is to recommend the best traffic corridor plan for the area. (FTR 3:55) Bob Tate representing Mobility Now, concerning the importance of the traffic issue and considering roundabouts as only one of many solutions to the traffic issue and stating that roundabouts are not recommended by the Florida Roundabout Guidelines for high volume traffic intersections. (FTR 4:00) John Sandefur representing Mobility Now, concerning a comparison of roundabouts to other alternate traffic flow solutions and encouraging amending the Scope of Services to include a study of all alternatives for the U.S. 41/Gulfstream Avenue and U.S. 41/Fruitville Road intersections. (FTR 4:02) Book 58 Page 30108 04/03/06 2:30 P.M. Book 58 Page 30109 04/03/06 2:30 P.M. John Moran representing the Downtown Sarasota Condominium Association concerning support for the Scope of Services as amended to take into account the requirements of FDOT and the City. (FTR4 4:05) Janice Green representing the Steering Committee, Save our Sarasota, concerning healthy and informative discussions regarding roundabouts with the public and the support of Save Our Sarasota for the study. (FTR 4:06) Tony Sousa representing Downtown Partnership, concerning support for the study. In response to a question from Commissioner Bilyeu concerning the study of non-roundabout intersections, Traffic Manager Freija stated that the operation of conventional signalized intersection will be compared to roundabouts. In response to a question by Mayor Servian concerning a corridor study, Traffic Engineering Manager Freija stated that a corridor study typically considers the best way to move traffic, pedestrians and bicyclists, which could include flyovers, bridges, a tunnel, etc. (FTR 4:10) In response to a question by Commissioner Bilyeu concerning the definition of a flyover, Traffic Engineering Manager Freija stated that a flyover is basically an overpass. (FTR 4:11) In response to a question by Commissioner Palmer concerning the previous study of roundabouts, Traffic Engineering Manager Freija stated that in 2001, roundabouts were evaluated as a conventional four-leg intersection; that the current proposal is for a three-leg intersection, eliminating a significant amount of conflict points and enhancing gap acceptance. (FTR 4:12) A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve the Preliminary Design Study Scope of Services for U.S. 41/Gulf Stream Avenue and U.S. 41/Fruitville Road Roundabouts with the addition of a reference to the Florida Department of Transportation Roundabout Guidelines and inclusion in the purpose a statement to design a traffic plan involving roundabouts or signalized intersections which provides the best solution for vehicular and pedestrian traffic and to authorize partial funding in the amount of $16,650. (FTR 4:13) 3) APPROVAL RE: INDEMNITY PROVISIONS CONTAINED IN THE REMEDIATION AGREEMENT BETWEEN THE CITY OF SARASOTA AND WAL-MART STORES EAST, L.P., TO PROVIDE THAT THE INDEMNIFICATION PROVISIONS TERMINATES UPON THE EXPIRATION OF SEVEN (7) YEARS AFTER WAL-MART IS ISSUED A CERTIFICATE OF OCCUPANCY FOR THE PROPOSED SUPER CENTER (AGENDA ITEM VI-3) (FTR 4:18) Commissioner Bilyeu stated that the item was pulled from Consent Agenda No. 1 as the period of indemnification of seven years from the City to Wal-Mart Stores East, L.P. (Wal-Mart) included in the Remediation Agreement between the City and Wal-Mart for the Marion Anderson site, a City- owned brownfield site located at 2046 Dr. Martin Luther King, Jr. Way, is too long. City Attorney Fournier gave a presentation concerning the proposed Remediation Agreement between the City and Wal-Mart. In response to a question from Vice Mayor Atkins concerning a letter received from W.A.R.N. (Wal-Mart Alliance for Reform Now), City Attorney Fournier stated that the letter indicates Florida's joint and several liability laws make it impossible or illegal in Florida to buy a parcel of land without buying the accompanying environmental liability, which is the reason Wal-Mart requested the indemnity. (FTR 4:21) In response to a question from Commissioner Shelin concerning the extent of the liability, City Attorney Fournier stated the indemnity clause is to indemnify Wal-Mart from third parties rather than Wal-Mart's own employees or agents. In response to a question by Commissioner Shelin concerning the City's liability before the Certificate of Occupancy is issued, City Attorney Fournier stated that presently the City is the property owner and, therefore, subject to liability. (FTR 4:23) In response to a comment from Mayor Servian concerning the proposed seven year length of the indemnity provision, City Manager McNees stated that language could be included in the Remediation Agreement to indicate the indemnity will be for liability other than liability incurred by a failure to properly remediate. (FTR 4:26) The following person spoke: Steve Hutchinson, President, East Coast Development Corporation, representing Wal-Mart stated that Wal-Mart has fully indemnified the City for any injuries to Wal-Mart staff on the property while in City ownership; that the language suggested by the City Manager is reasonable. (FTR 4:31) A motion was made by Vice Mayor Atkins, seconded by Commissioner Palmer, and carried by a 5-0 vote to approve the environmental indemnity provision in the Remediation Agreement for a period of 36 months with the additional language to clarify that the Indemnity is for liability other than liability incurred by the failure to remediate properly. (FTR 4:33) A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to extend the meeting to complete of Item No. VI-3. (FTR 4:35) In response to a comment by Commissioner Shelin concerning the existence of polychlorinated biphenyls (PCBs) on the site, Mr. Hutchinson stated that the information concerning the possible location of PCB's will be provided to Wal-Mart staff. Mayor Servian recessed the meeting at 4:36 p.m. and Vice Mayor Atkins reconvened the meeting at 6:03 p.m. 8. COMMISSION PRESENTATION (AGENDA ITEM XII) 1) PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MARCH 2006, STACIE ROSS, HUMAN RESOURCES ANALYST (AGENDA ITEM XII-1) - Presented to Stacie Ross, Human Resource Analyst, Human Resources (FTR 6:06). 2) PROCLAMATION RE: PROCLAIMING THE MONTH OF APRIL AS SEXUAL ASSAULT AWARENESS MONTH AND SEXUAL VIOLENCE AWARENESS DAY ON APRIL 6, 2006 (AGENDA ITEM XII-2) - Presented to Diana Riser and Michelle Gaines, representatives for Safe Place and Rape Crisis Center, Inc., of Sarasota (SPARCC). 3) PRESENTATION RE: SPECIAL RECOGNITION OF THE BOOKER HIGH SCHOOL BASKETBALL TEAM AND COACHES (AGENDA ITEM XII-3) - Presented to Marcus Black, Gary Clark, Sloan Collins, Nick Hollaway, Greg Miles, Eniel Polynie, Mike Gorman, Marquis Johnson, Chris Dell, Marquis Robinson, Devin Dirmeyer, Ryan Redding, Clifford McDonald, Chris Tappan, Booker High School Basketball Team, and Albert Eshaw, Dianna Griffiths, Ziola Williams and Derrick Kirce, Booker High School Basketball Coaches. 4) PRESENTATION RE: AN ENLARGED AND FRAMED 1926 POSTCARD OF A VIEW OF THE CITY OF SARASOTA FROM SARASOTA BAY - Presented to the City by Alex Book 58 Page 30110 04/03/06 2:30 P.M. Book 58 Page 30111 04/03/06 2:30 P.M. Boudreau, Vice President, and Rick Liberi, Board Member, Bayou Oaks Neighborhood Association. (FTR 6:21) 5) PRESENTATION RE: LIEUTENANT PAUL SUTTON AND OFFICER KIM SWATTS WILL INTRODUCE THE NEW GANG OFFICER AND EXPLAIN THE INITIATIVES OF THAT DEPARTMENT (AGENDA ITEM XII-4) - Presented by Lieutenant Paul Sutton and Police Officer Kim Swatts. Lt. Paul Sutton, Sarasota Police Department (SPD), came before the Commission, introduced the City's Gang Coordinator, Police Officer Kim Swatts, distributed the SPD's newly developed Gang Abatement Plan (GAP), and requested the Commission consider adopting an ordinance requiring private property owners to remove graffiti within ten days of having been notified of the existence of graffiti on their property as part of an overall Gang Abatement Plan. In response to a question from Commissioner Palmer concerning funds from the Florida Department of Law Enforcement to pay for paint to remove the graffiti and whether minors engaging in graffiti could be brought before teen court, Lt. Sutton stated that graffiti is a crime as criminal mischief and youthful offenders could be brought before teen court; that the penalties vary; that grants are being sought for gang-related issues. (FTR 6:32) In response to a question from Commissioner Shelin concerning Chapter 806.13, Florida Statutes, Lieutenant Sutton stated that the felony provision applies to minors; that the penalty could be one year or more in jail. (FTR 6:33) In response to a question from Vice Chair Atkins concerning the 10-day notification period to property owners to remove graffiti, Lt. Sutton stated that the 10 days would not start until after proper notification to the property owner. Vice Mayor Atkins noted Commission consensus to direct Staff to prepare an ordinance to address the graffiti as part of the Gang Abatement Plan. (FTR 6:38) 9. QUASIJUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-B) 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 06-4660, TO REZONE TWO CONTIGUOUS PARCELS OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECT OF BROWN AVENUE AND NEBRASKA STREET HAVING STREET ADDRESSES OF 1837 NEBRASKA STREET AND 3920 BROWN AVENUE TO BE REZONED FROM THE COMMERCIAL INTENSIVE (CI) ZONE DISTRICT (COUNTY ZONING) TO THE INTENSIVE COMMERCIAL DISTRICT (ICD) ZONE DISTRICT; SAID PROPERTY HAVING BEEN ANNEXED INTO THE CITY OF SARASOTA ORDINANCE 97-3968; ALL AS MORE PARTICULARLY SET FORTH HEREIN; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) (APPLICATION NO. 05-RE-21, CITY OF SARASOTA) (AGENDA ITEM XIV-B-1) City Auditor and Clerk Robinson stated that the attorney representing the Applicant requested the public hearing concerning proposed Ordinance No. 06-4660 be continued to the May 15, 2006, Regular Commission meeting. Vice Mayor Atkins stated that hearing no objections, the public hearing concerning proposed Ordinance No. 06-4660 is continued to the May 15, 2006, Regular Commission meeting. (FTR 6:38) 10. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) The following person spoke: Richard Clapp concerning the parking of power boat trailers and noise from the power boats and requested the Commission advise members of the power boat community to follow the guidelines for power boat racing in the Bay. 11. UNFINISHED BUSINESS (AGENDA ITEM XVI) 1) APPROVAL RE: UPDATE OF THE CITY OF SARASOTAS 2004-2008 STRATEGIC PLAN (AGENDA ITEM XVI-1) Assistant to the City Manager Debra Figueroa gave a presentation of the 2004-2008 Strategic Plan. In response to a comment by Commission Palmer concerning wastewater service, Assistant to the City Manager Figueroa stated that consideration of water and wastewater service will be included under the strategic goal of Well-Maintained and Future-Oriented Infrastructure. A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to support the update of the City of Sarasota's 2004-2008 Strategic Plan, to add consideration of water and wastewater service, and direct Staff to utilize the Strategic Plan as a basis budget and future planning. (FTR 6:59) 2) APPROVAL RE: INDIVIDUAL DEVELOPMENT GOALS PLAN FOR THE CHARTER OFFICIALS FOR FISCAL YEAR 2005/06 (AGENDA ITEM XVI-2) Commissioner Palmer stated that the item was placed on the Agenda sO the Commission could finalize the development goals for the Charter Officials for fiscal year 2005/06. City Auditor and Clerk Robinson stated that nine development goals are proposed; that completing proposed Development Goal No. 9, updating Sarasota City Code (1986 as amended), may be difficult. Vice Mayor Atkins noted Commission consensus to remove Developmental Goal No. 9 from the City Auditor and Clerk's list of development goals. (FTR 7:03) City Attorney Fournier stated that eight development goals are proposed; that Development Goal No. 7, completing an annual report as soon as possible, has been accomplished and an annual report will be completed for fiscal year 2005/06. City Attorney Fournier stated that the development goal of completing an employment contract with the Commission is not personally important and is more pertinent if the City Attorney's Office becomes in-house counsel. Vice Mayor Atkins noted Commission consensus to remove Development Goal No. 8, completing a contract document, from the City Attorney's list of development goals. (FTR 7:09) City Attorney Fournier stated that Development Goal No. 2, work to improve City Attorney section of the City website, may be too ambitious but will be emphasized; that Development Goal Nos. 3 and 5 are different ways of saying the same thing; that some specifics will be added and a revised Development Goal will be returned. (FTR 7:12) In response to a question from City Attorney Fournier concerning the Development Goal No. 6, a joint action plan with the City Manager and City Auditor and Clerk, Commissioner Palmer stated Book 58 Page 30112 04/03/06 2:30 P.M. Book 58 Page 30113 04/03/06 2:30 P.M. that the City Attorney, City Manager, and City Auditor and Clerk should meet on a monthly basis to discuss issues of the City. (FTR 7:12) Vice Mayor Atkins noted Commission consensus to approve City Attorney Fournier recommendation to revise the City Attorney's Individual Development Plan and distribute to the Commissioners. (FTR7 7:13) City Manager McNees stated that the Strategic Objectives identified by Commissioner Palmer could probably be classified as Operational Objectives; that some of the objectives are not within his ability to completely control; that the eight items added by Commissioner Palmer could be consolidated into two statements, one about communication and one about follow through and tracking systems; that statements can be developed and returned to the Commission. In response to a request from Commissioner Palmer, Vice Mayor Atkins noted Commission consensus to bring back the Individual Development Plans for the Charter Officials in a revised final copy to the Commission. (FTR 7:17) 12. CONSENT AGENDA NO. 2 (CONTINUED FROM ITEM 6) (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read proposed Ordinance No. 06-4673 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by 4-0 vote to adopt Consent Agenda No. 2, Item No. 4, as follows: 4) Proposed Ordinance No. 06-4673, amending the Sarasota City Code, Chapter 36, Vehicle for Hire, Article II, Taxicabs and other Vehicles for Hire, to increase the maximum rates and fares authorized for taxicabs; providing for the repeal of ordinances in conflict; etc. on second reading (Title only) (FTR 7:18) 13. NEW BUSINESS (AGENDA ITEM XVII) 1) DETERMINATION RE: AFFIRM PLANNING BOARD RESOLUTION TO RECOMMEND APPROVAL OF MAJOR CONDITIONAL USE APPLICATION NO. 05-CU-04 TO ALLOW AN EXTENSION OF THE OPERATING HOURS OF SARASOTA JUNGLE GARDENS LOCATED IN THE RSF-E ZONE DISTRICT WITHOUT A PUBLIC HEARING; OR ALTERNATIVELYTO HOLD A PUBLIC HEARING TO CONSIDER THE APPLICATION FOR A MAJOR CONDITIONAL USE TO EXTEND THE OPERATING HOURS AT SARASOTA JUNGLE GARDENS (AGENDA ITEM XVII-1) City Attorney Fournier gave the Staff presentation concerning Conditional Use Appliçation No. 05- CU-04 requested by Sarasota Jungle Gardens. In response to a question from Commissioner Shelin concerning the possibility of appeal, City Attorney Fournier stated that the issue would be appealable to the Circuit Court if the Conditional Use is denied; however, the Commission may not deny the application until after the Commission holds a public hearing. In response to a question from Commission Shelin concerning the likelihood of success of an appeal, City Attorney Fournier stated that the likelihood of success is not known; that the evidence in the record before the Planning Board/Local Planning Agency would support both points of view. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin to hold a public hearing to consider Major Conditional Use Application No. 05-CU-04 to extend the operating hours at Sarasota Jungle Gardens. (FTR 7:23) In response to a question by Vice Mayor Atkins concerning a possible tie vote, City Attorney Fournier stated that the matter will come back to the next Regular Commission meeting at which ai full Commission is present in the event of a tie vote. Vice Mayor Atkins called for a vote on the motion, which failed by a 2-2 vote with Commissioner Palmer and Vice Mayor Atkins voting no. City Auditor and Clerk Robinson stated that the matter will be placed on the Agenda of the April 17, 2006, Regular Commission meeting. (FTR 7:27) Commissioner Bilyeu left the Chambers at 7:27 p.m. 14. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XVIII) A. Commissioner Palmer reported on the annual reports of the three Pension Boards. B. Commissioner Palmer reported the Legislative Committee on Intergovernmental Relations passed the City's and the Florida League of Cities' request to eliminate the cap on the Sadowski Funds and is attempting to obtain full funding of $939 million from Sadowski Fund for the SHIP and HOME Programs; that bills have been introduced into the Florida Senate and House of Representatives. (FTR 7:29) C. Commissioner Shelin reported on the meeting of the Citizens with Disabilities Advisory Board. D. Commissioner Shelin reported on the meeting of the Sarasota/Manatee Metropolitan Planning Organization. E. Vice Mayor Atkins reported scheduling conflicts with the Van Wezel Performing Arts Hall Board and the Human Relations Board. F. Vice Mayor Atkins reported on an upcoming case before the Human Relations Board. G. Commissioner Palmer reported on the meeting of the Youth Advisory Board. 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XIX) A. Commissioner Palmer stated that the concerns raised by Richard Clapp concerning the power boats racing in the Bay should be referred to the Administration. Vice Mayor Atkins stated that hearing no objections, the concerns regarding power boats racing in the Bay is referred to the Administration. (FTR 7:36) B. In response to a question from Commissioner Palmer concerning the Request for Proposals which will be developed for the City-owned property on Palm Avenue, City Attorney Fournier stated that the list of enumerated duties of the Community Redevelopment Agency (CRA) Advisory Board includes review of Requests for Proposals for CRA projects. C. Vice Mayor Atkins stated that Staff is requested to bring back a presentation concerning upgrades of the Robert L. Taylor Recreation Complex at such time as is appropriate. 16. OTHER MATTERSADMNSTRAIVE OFFICERS (AGENDAI ITEM XX) A. City Attorney Fournier stated that a draft Interlocal Agreement and Resolution for expansion of the Community Redevelopment Area will be brought before the Commission at the May 15, 2006, Regular Commission meeting. Book 58 Page 30114 04/03/06 2:30 P.M. Book 58 Page 30115 04/03/06 2:30 P.M. B. City Auditor and Clerk Robinson stated that the first meeting in July 2006 would be Monday, July 3, 2006, and asked the preference of the Commission concerning the possibility of moving the meeting to Wednesday, July 5, 2006 due to the July 4" holiday. Vice Mayor Atkins stated hearing no objections, the first meeting in July 2006 will be scheduled for Wednesday, July 5, 2006. (FTR 7:41) 17. ADJOURN (AGENDA ITEM XXI) Vice Mayor Atkins adjourned the meeting at 7:42 p.m. FREDD'GLOSSIE ATKINS, VICE MAYOR , C BILLY ROBINSON, CITY AUDITOR AND CLERK s Sis