MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF NOVEMBER 21, 2005, AT 2:30 P.M. PRESENT: Mayor Mary Anne 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: Commissioner Ken Shelin, veteran of the U.S. Army 1. CHANGES TO THE ORDER OF THE DAY City Auditor and Clerk Robinson presented the following Changes to the Order of the Day: A. Remove Consent Agenda No. 1, Item No. IV-A-6, Approval Re: Proposed Resolution of the Planning Board/Local Planning Agency, recommending approval of Major Conditional Use Application No. 05-CU-04 to allow a limited extension of the operating hours of the Sarasota Jungle Gardens located at 3701 Bay Shore Road in the Residential Single Family Estate (RSF-E) Zone District; providing for certain conditions regarding the operation of Sarasota Jungle Gardens during the extended hours; etc. (Title Only) (Application No. 05-CU-04, Applicant Sarasota Jungle Gardens, Inc., as the fee simple owner) as an appeal to the Board of Adjustment of an administrative interpretation rendered by the Director of building, Zoning, and Code Compliance has been filed by Richard Ulrich, attorney representing Jim and Joy Rogers and Peter and Patricia Laughlin, resulting in an automatic stay of all proceedings in furtherance of this action pursuant to Division 7, Section IV-702(b) of the Zoning Code of the City of Sarasota. B. Remove New Business Item No. XVII-1, Approval Re: Proposal for City purchase of land located at 4529 Old Bradenton Road; authorize the necessary special appropriation making $1.2 million dollars available from the unappropriated General Fund Balance; and direct the Administration to begin the process of requesting reimbursement from Sarasota County from future Environmentally Sensitive Land Acquisition funds, per the request of Commissioner Bilyeu. 2. CITIZENS' INPUT (AGENDA ITEM I) The following people spoke: Mark Herrli concerning the public safety issues concerning the fence at Lift Station No. 7. Mayor Servian noted Commission consensus to refer the public safety issues concerning the fence at Lift Station No. 7 to the Administration for further evaluation. (FTR 2:38) Rod Krebs concerning the public process regarding the appraisal for the land at the Verna Wellfield and pond and presented a check to the City Auditor and Clerk to pay for the appraisal. BOOK 58 Page 29994 11/21/05 2:30 P.M. BOOK 58 Page 29995 11/21/05 2:30P.M. Allen McReynolds concerning the police department's response to domestic violence in non- traditional households. Mayor Servian noted Commission consensus to refer the issue of police response to domestic violence in non-traditional households to the Administration for a review of the City's policy and a report back if changes are required. (FTR 2:40) 3. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted Commission consensus to approve the minutes of the Regular Commission meeting of November 7, 2005. (FTR 2:33) 4. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 5- vote to approve Item Nos. 1, 2, 3, 4, and 5 on Consent Agenda No. 1. as follows: (FTR 2:41) 1) Set for public hearing proposed Ordinance No. 06-4657, amending the City Code, Chapter 22, Parks and Recreation; by providing a process for the creation of pet-free areas in City parks; providing for the holding of a public hearing before the Parks, Recreation and Environmental Protection Advisory Board; providing for severability if any of the parts hereof are declared invalid; etc. 2) Authorize the Administration to begin contract negotiations with Malcom Pirnie, Inc. (RFP No. 06-02K) for recommendation of alternatives for diverting all or a portion of the wastewater flow that goes to Lift Station No. 7. 3) Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Roger R. and Brenda S. Davis for water service for a developed site located at 2924 Lynnhurst Street. 4) Authorize the Mayor and City Auditor and Clerk to execute the Second Extension of Agreement between the City of Sarasota and David W. Johnson & Associates, Inc., (RFP No. 03-58E) for landscape architectural services. 5) Authorize the Mayor and City Auditor and Clerk to execute the Hi Hat Ranch Quit Claim Deed and Release. 5. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read proposed Resolution No. 06R-1869 and proposed Ordinance Nos. 05-4654, 06-4655, and 06-4659 by title only. A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by 5-0 vote to adopt Item Nos. 1, 2, 3, and 4 of Consent Agenda No.2 as follows: (FTR 2:44) 1) Proposed Resolution No. 06R-1869 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 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; etc. (Title Only) 3) Proposed Ordinance No. 06-4655, to rezone a parcel of real property located at the southwest corner of the intersection of Hawthorne Street and East Avenue having a street address of 2088 Hawthorne Street to be rezoned from the residential multiple family-3 (RMF-3) Zone District with a special exception allowing specified low intensity non-residential use to the Office Neighborhood District (OND) Zone District; etc. (Title Only)Application No. 05-RE-19, Applicant Eva A. Berkes, as agent representing Antibody Investments, LLC, a Florida limited liability company, as contract purchaser) 4) Proposed Ordinance No. 06-4659, opting out of early voting for the December 13, 2005 Bond Referendum of the qualified electors within the Golden Gate Point Streetscape Special District; etc. (Title Only) 6. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 04-4563, TO CONDITIONALLY VACATE A CERTAIN PLATTED BUT UNIMPROVED 15 FOOT WIDE RIGHT-OF-WAY LOCATED EASTERLY OF THE INTERSECTION OF PALMETTO LANE AND WHITAKERS LANE, BOUNDED ON THE SOUTH BY LOTS 21 AND 22, AND BOUNDED ON THE NORTH BY LOTS 23 AND 24, TAHITI PARK, PLAT BOOK 4, PAGE 88, LOCATED BETWEEN 1700 PALMETTO LANE AND 1728 PALMETTO LANE, ALL AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 04- SV-03, APPLICANT JAMES E. TOALE, ESQ., AS AGENT REPRESENTING WHITAKER VIEWS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS FEE SIMPLE OWNER) (AGENDA ITEM VI-1) Following a presentation by City Attorney Fournier, City Auditor and Clerk Robinson read proposed Ordinance No. 04-4563 by title only. A motion was made by Commissioner Bilyeu and failed for lack of a second to adopt proposed Ordinance No. 04-4563 on second reading. (FTR 2:58) A motion was made by Commissioner Palmer and seconded by Vice Mayor Atkins to deny proposed Ordinance No. 04-4563 on second reading. Following a statement by City Attorney Fournier concerning the applicant's consideration of changes in Section 2(F) concerning the condition of public access, a motion was made by Commissioner Shelin and seconded by Vice Mayor Atkins to postpone a vote on the motion to deny proposed Ordinance No. 04-4563 to the December 5, 2005, Regular Commission meeting. Following a request by Commission Bilyeu regarding the date of the vote on the motion to deny proposed Ordinance No. 04-4563, Commissioner Shelin as the maker of the motion with the approval of Vice Mayor Atkins as the seconder revised the motion to postpone the vote to the December 12, 2005, Regular Commission meeting. (FTR 3:06) Mayor Servian restated and called for a vote on the motion to postpone consideration of the motion to deny proposed Ordinance No. 04-4563 to the December 12, 2005, Regular Commission meeting, which carried by a 4-1 vote with Commissioner Palmer voting no. BOOK 58 Page 29996 11/21/05 2:30 P.M. BOOK 58 Page 29997 11/21/05 2:30P.M. 2) APPROVAL RE: MAJOR POINTS CONTAINED IN THE OCTOBER 27, 2005 STAFF MEMO AND AUTHORIZATION FOR THE FORMAL LEASE EXTENSION REQUEST OF MARINA JACK.IAGENDA ITEM VI-2) Deputy City Manager Schneider gave a presentation concerning the lease extension agreement between the City, Marina Jack and O'Leary's The following people spoke: John Strickland, Esquire, Attorney, Livingston, Patterson & Strickland, Robert Soran, lessee, Marina Jack, and Bruce Franklin, President, Land Resource Strategies, Inc., representing Marina Jack and O'Leary's, all requesting the Commission approve the lease extension. Mayor Servian noted Commission consensus to approve the major points for the lease extension as agreed upon between the City and Marina Jacks, including a provision concerning the mooring field, a 20-year extension of the Marina Jack lease, a 33-year extension of the O'Leary's lease, rent credit during the last ten years of the lease, a force majure or act of God provision, an increase in the rent, a definition of adequate parking, and other minor changes to eliminate obsolete sections, redundancies and authorize a formal lease agreement to be brought back for Commission approval.(FTR 3:25) 7. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) No one signed up to speak. 8. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) A. Commissioner Shelin reported on the Citizens with Disabilities Advisory Board meeting. B. Commissioner Shelin reported on the Public Art Committee meeting. C. Commissioner Shelin reported on the meeting of the Policy Board of the Sarasota Bay National Estuary Program. D. Commissioner Bilyeu reported on the meeting of the Juvenile Justice Council. E. Commissioner Palmer reported on the meeting of the Manasota League of Cities. F. Commissioner Palmer with input from City Auditor and Clerk Robinson reported on the meeting of the Youth Advisory Board. G. Vice Mayor Atkins reported on the meeting of the Enterprise Zone Development Agency. H. Vice Mayor Atkins reported on the upcoming meeting of the Human Relations Board. I. Mayor Servian reported on the upcoming meeting of the Board of Directors of the Sarasota Housing Authority. J. Mayor Servian reported on the meeting of the Municipal Finance and Taxation Committee of the Florida League of Cities. K. Mayor Servian reported on the meeting of meeting of the Legislative Committee of the Florida League of Cities. L. Mayor Servian reported on the meeting of the Florida League of Mayors, newly formed by the Florida League of Cities. 9. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) A. In response to a comment by Commissioner Bilyeu concerning the Park East Neighborhood request for inclusion in the Community Redevelopment Area, Mayor Servian stated that Park East was not included in the Community Redevelopment Area expansion as an extensive study would be required sO the Commission decided to move forward with the area of the City of Sarasota-Newtown Comprehensive Redevelopment Plan through 2020 and evaluate the Park East and Gillespie Park neighborhoods as the redevelopment process moves forward. B. In response to a question by Commissioner Bilyeu concerning the participation of Sarasota County in the expansion of the Community Redevelopment Area, Mayor Servian stated that a formal request will be sent to the County at the time an Interlocal Agreement concerning the expansion is developed. C. In response to a comment by Commissioner Bilyeu concerning a request for the Administration to view redevelopment projects in the Laurel Park neighborhood for possible development in the Gillespie Park neighborhood, City Manager McNees stated that Staff is willing to evaluate the projects in the Laurel Park neighborhood and Mayor Servian stated that any recommendations can be directed to the Administration for Staff review. D. In response to a question by Commissioner Bilyeu concerning development of the undeveloped alleys in the City, City Manager McNees indiçated that a report will be provided. E. In response to a comment by Commissioner Shelin concerning the Administration's letter to Project Managers of downtown developments, City Manager McNees stated that the City has experienced an increase in problems related to construction and a letter was distributed indicating stop work orders will be issued for continued violations of approved construction staging plans. F. In response to a comment by Mayor Servian concerning the Wednesday Farmers Market, Deputy City Manager V. Peter Schneider stated that a report will be provided the Commission, the Wednesday Farmers Market will be in the same location on Wednesday, November 23, 2005, as was previously, and the Farmers Market sponsors have agreed to review the concept of moving the Wednesday Farmers Market south towards Pineapple Avenue. G. In response to a comment by Mayor Servian concerning funding cuts by the Florida Department of Transportation (FDOT), City Manager McNees stated that an objection has been raised to the loss of the funding for the U.S. 301 project, a meeting with the FDOT has been requested but not yet scheduled, and a letter to the FDOT objecting to the funding cut will be drafted for the Mayor's signature. H. In response to a comment by Commissioner Palmer concerning the reduction in funds for the Community Development Block Grant (CDBG) Program, City Manager McNees stated that the House and Senate Conference Committees have already cut the funds for the CDBG Program; however, a letter will be composed relating the City's concerns regarding the cuts in CDBG funds. 10. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) A. City Attorney Fournier stated that the Planning and Redevelopment Department initiated Zoning Text Amendments to the Downtown Code as the Commission directed; that the approximately 30 amendments were composed into three proposed Ordinances; that the first Ordinance which is composed of private-sector initiated amendments will be on the BOOK 58 Page 29998 11/21/05 2:30 P.M. BOOK 58 Page 29999 11/21/05 2:30P.M. Agenda for a public hearing at the December 12, 2005, Regular Commission meeting with the second public hearing at the January 3, 2006, Regular Commission meeting; that the other two amendments were deferred and will be scheduled for public hearing in the future. The Commission recessed at 4:11 p.m. and reconvened at 6:00 p.m. 11. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: UNITED STATES SENATE PROCLAMATION DESIGNATING SEPTEMBER 17 THROUGH OCTOBER 17, 2005, HISPANIC MONTH AND UNITED STATES SENATE RESOLUTION CELEBRATING HISPANIC MONTH (AGENDA ITEM XII-1) Elizabeth Cuevas-Neunder, Hispanic Leader for the 13th Congressional District, presented the City with a U.S. Senate Proclamation and Resolution proclaiming Hispanic Month. 2) PRESENTATION RE: FUNDS COLLECTED FOR HURRICANE KATRINA RELIEF (AGENDA ITEM XII-2) John Wilkes, Executive Director, the Van Wezel Performing Arts Hall, Tracie Pierce, President, Wilde Productions, David Olson; Director of Development, Out-of-Door Academy; Jay Riley, Marketing, Public Relations Director, Epicurean Life, and Jay Futch, Vice President, Epicurean Life presented a check for $42,000 to Donna Dunio, Senior Director of Resource Development of the American Red Cross for Hurricane Katrina victims. Debra Figueroa, Assistant to the City Manager and Pamela Christian, Deputy City Auditor and Clerk for Operations representing City employees and Florida Women in Government presented a check for $3,037.50 to Donna Dunio, Senior Director of Resource Development, American Red Cross for Hurricane Katrina victims. 3) PRESENTATION RE: WILDE AUTOMOTIVE WILL PRESENT A CHECK FOR $50,000 TO THE CITY TO SPONSOR THE BROADWAY SERIES AT THE VAN WEZEL PERFORMING ARTS HALL (AGENDA ITEM XII-3) Mary Ann Wilde, Dealer Principal, Wilde Lexus of Sarasota, Tracie Pierce, President, Wilde Productions presented a check for $50,000 to John Wilkes, Executive Director, the Van Wezel Performing Arts Hall to sponsor the Broadway series at the Van Wezel Performing Arts Hall. 12. SCHEDULED PRESENTATIONS (AGENDA ITEM XIII) 1) PRESENTATION RE: PROPOSAL FOR DEVELOPMENT OF THE CITY-OW/NED BROWNSFIELD SITE ON DR. MARTIN LUTHER KING, JR., WAY (AGENDA ITEM XIII-1) Pastor Al Davis, Consuming Fire Deliverance Ministries, and Lamar Priester, Jr., Ph.D, Senior Scientist, Priester and Associates, gave a presentation requesting use of the City-owned brownsfield site at 2046 Dr. Martin Luther King, Jr., Way for social service, educational, and retail purposes. In response to a question by Pastor Davis concerning the next step, City Manager McNees stated that the Administration will have a number of questions in response to the proposal submitted the week of November 14, 2005, and will address the questions to the proposers in a letter. (FTR 6:26) 13. NON QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-A) City Auditor and Clerk Robinson stated that no one has signed up to speak to the public hearings. 1) PUBLIC HEARING: PROPOSED ORDINANCE NO. 05-4651, CREATING THE CITY OF SARASOTA, FLORIDA RESIDENTIAL SOLID WASTE SPECIAL DISTRICT; SPECIFYING THE PURPOSE, POWERS, FUNCTIONS AND DUTIES OF THE DISTRICT; SPECIFYING THE GEOGRAPHIC BOUNDARY LIMITATIONS OF THE DISTRICT; SPECIFYING THE AUTHORITY OF THE DISTRICT; EXPLAINING WHY THE DISTRICT IS THE BEST ALTERNATIVE; ESTABLISHING THE MEMBERSHIP, ORGANIZATION, COMPENSATION AND ADMINISTRATIVE DUTIES OF THE GOVERNING BOARD OF THE DISTRICT; STATING THE APPLICABLE FINANCIAL DISCLOSURE, NOTICING AND REPORTING REQUIREMENTS OF THE DISTRICT; STATING THE METHODS FOR FINANCING THE DISTRICT; DECLARING THAT THE CREATION OF THE DISTRICT IS CONSISTENT WITH THE SARASOTA CITY PLAN; REQUIRING THE CITY AUDITOR AND CLERK TO PROVIDE NOTICE OF THE CREATION OF SAID DISTRICT TO THE SARASOTA COUNTY PROPERTY APPRAISER, THE SARASOTA COUNTY TAX COLLECTOR AND THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) AND PROPOSED RESOLUTION NO. 05R-1852, STATING THE CITY OF SARASOTA'S INTENTION TO USE THE UNIFORM METHOD OF COLLECTING A NON-AD VALOREM SPECIAL ASSESSMENT TO RECOVER THE COST OF OPERATING THE CITY OF SARASOTA RESIDENTIAL SOLID WASTE DISTRICT AS SET FORTH IN SECTION 197.3632, FLORIDA STATUTES THROUGH THE TAX COLLECTOR OF SARASOTA COUNTY PURSUANT TO THE ANNUAL TAX BILL OF THE ASSESSED PROPERTY; STATING THE NEED FOR THE LEVY OF A NON-AD VALOREM SPECIAL ASSESSMENT; PROVIDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE REAL PROPERTY SUBJECT TO THE LEVY; PROVIDING FOR MAILING A COPY OF THIS RESOLUTION TO THE SARASOTA COUNTY PROPERTY APPRAISER, THE SARASOTA COUNTY TAX COLLECTOR AND THE DEPARTMENT OF REVENUE; ETC. (TITLE ONLY) (AGENDA ITEM XIV-A1) Deputy Finance Director Chris Lyons and Chief Financial Analyst Doug Jeffcoat, Public Works Department, gave a presentation. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4651 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by 5-0 vote to pass proposed Ordinance No. 05-4651 on first reading. (FTR 6:32) City Auditor and Clerk Robinson read proposed Resolution No. 05R-1852 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by 5-0 vote to adopt proposed Resolution No. 05R-1852. (FTR 6:33) BOOK 58 Page 30000 11/21/05 2:30 P.M. BOOK 58 Page 30001 11/21/05 2:30P.M. 14. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) The following people spoke: Susan Chapman regarding the contract with Malcom Pirnie, Inc., concerning alternatives for Lift Station No. 7, requesting continued neighborhood participation in the process, level of service for stormwater runoff and treatment included in the Hudson Bayou Basin Master Plan, and monitoring of Hudson Bayou for pollution. Mark Herrli concerning the public safety issues specificaly a broken antenna pole at Lift Station No. 7. Donald Chaney inviting the Commission and the citizens of the City to the Healthy Gulf Forum which will address redtide and which is scheduled for 1:00 p.m., December 10, 2005, at the Selby Public Library. 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - CONTINUED (AGENDA ITEM X) A. In response to a comment by Commissioner Bilyeu concerning funding to assist with the move of the Luke Wood House and the Crocker Church to Pioneer Park, Mayor Servian stated that funding would require Commission action and Commissioner Bilyeu could work with the Administration to place an item on an Agenda of a future Commission meeting. 16. ADJOURN (AGENDA ITEM XVIII) Mayor Servian adjourned the meeting at 6:48 p.m. du MARY ANSE SERMIAN, MAYOR BILEY B BOEINSON, CITY AUDITOR AND CLERK 910 sn a - 4