MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 22, 2005, AT: 2:30 P.M. PRESENT: Mayor Richard F. Martin, presiding, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, 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 byl Mayor Martin at 2:37 p.m. INVOCATIONPLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson 1. CITIZENS' INPUT Ms. Joy McIntosh spoke about worship services being conducted at the Gillespie Park Pavilion. 2. APPROVAL OF MINUTES Following revisions, Mayor Martin noted Commission consensus to approve the minutes of the February 7, 2005, meeting with corrections. Following discussion, Mayor Martin noted Commission consensus to institute motion minutes immediately. (FTR 2:53) 3. CONSENT AGENDA NO.1 A motion was made by Commissioner Bilyeu, seconded by Commissioner Atkins, and carried by a 5-0 vote to approve Consent Agenda No. 1, Item Nos. 2 through 9, to: 1) Authorize the Mayor and City Auditor and Clerk to execute the Assignment of Lease Agreement between the City of Sarasota and Helen R. Payne Day Nursery to Children First, Inc., for the remainder of the Lease which terminates on March 15, 2018 - Removed for discussion and considered as Minutes Item 7(1) later in the meeting; 2) Recognize formation of a Floodplain Management Plan Committee 3) Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to the Audit Agreement between the City and Purvis, Gray and Company for a one year renewal to cover the 2005/06 Fiscal Year Audit 4) Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to the Agreement for Parking Operations between the City and the Sarasota Sports Committee for a four-year term to manage and provide volunteers for parking operations on City contracted lots 5) Authorize the Mayor and City Auditor and Clerk to execute the Parking License Agreement between the City and Sarasota County Youth Baseball Inc. for a four-year term to allow use of the Youth Baseball Complex for the purpose of overflow parking for events at the City of Sarasota Sports Complex 6) Authorize the Mayor and City Auditor and Clerk to execute the Parking License Agreement between the City and the School Board of Sarasota County for use of Tuttle Elementary School for overflow parking 7) Authorize the Mayor and City Auditor and Clerk to execute the Parking License Agreement between the City and Community Aids Network for a four-year term to continue use of the designated parking area at the Community Aids Network offices for overflow parking for special events at the City of Sarasota Sports Complex 8) Authorize the Mayor and City Auditor and Clerk to execute the Parking License Agreement between the City and Silver Bay Investments, Inc. for a four-year term to allow the City to use designated areas for overflow parking for games and special events held at the City of Sarasota Sports Complex 9) Renew stop-loss insurance through RMTS Associates, LLC effective January 1, 2005 through December 21, 2005 (FTR 2:53) BOOK 58 Page 29776 02/22/05 2:30 P.M. BOOK 58 Page 29777 02/22/05 2:30 P.M. 4. CONSENT AGENDA NO. 2 A motion was made by Commissioner Atkins, seconded by' Vice Mayor Servian, and carried by a 5-0 vote to adopt Consent Agenda No. 2, Item Nos. 1 through 3, as follows: 1) Proposed Ordinance No. 05-4596, amending the City of Sarasota Local Amendments to the Standard Unsafe Building Abatement Code, 1985 Edition, as adopted by reference in Chapter 11, Article II, Sarasota City Code; providing that in an action to enforce an order or to foreclose on a lien, the City shall be entitled to recover all costs, including a reasonable attorneys fee, that it incurs thereby 2) Proposed Ordinance No. 05-4599, amending the Sarasota City Code, Chapter 16, Recycling and Solid Waste, Article III, Accumulations of Junk, Trash, Rubbish, Weeds and Vegetation, Section 16-56, Enforcement and Collection by providing that in an action to enforce an order or to foreclose on a lien, the City shall be entitled to recover all costs, including a reasonable attorney's fee 3) Proposed Ordinance No. 05-4600, creating Chapter 34, Article V. Lodging Out-Of-Doors, Section 34-41 to prohibit using public or private places out-of-doors for lodging purposes; setting forth findings as to intent and purpose; amending Chapter 10, Beaches and Waterways, Article I. General, Section 10-10 Overnight Camping prohibited except in designated areas to conform to Chapter 34, Article V, Section 34-41 (FTR 2:56) 5. BOARD APPOINTMENTS - HISTORIC PRESERVATION BOARD A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to reappoint Ben Ellinor and Nan Plessas to the Historic Preservation Board. (FTR 2:58) 6. UNFINISHED BUSINESS: 1) REQUEST FOR FEE AND OTHER RELIEF AND EXPEDITED REVIEW FOR PRIVATELY INITIATED REZONINGS CONSISTENT WITH CITY-INITIATED REZONING EFFORTS The following persons spoke: Mr. Craig Colburn and Ms. Billue Guignard. Following comments, Mayor Martin noted Commission consensus for the City Attorney's Office to draft a resolution to grant fee and other relief and expedited review of privately initiated rezonings consistent with City-initiated rezoning efforts to mplement the Downtown Code for use if City- initiated rezoning efforts are delayed. (FTR 3:33) 2) MEMORANDUM OF UNDERSTANDING BETWEEN THE HOUSING AUTHORITY OF THE CITY OF SARASOTA, CITY OF SARASOTA, AND SARASOTA COUNTY Following a presentation by Redevelopment Specialist John Hawthorne, Jr., a motion was made by Commissioner Palmer, seconded by Commissioner Atkins, and carried by a 5-0 vote to support the draft Memorandum of Understanding in concept and to support the obligations of the City as listed in the document. (FTR 4:16) 3) FUTURE USE OF THE ROY CURT SMITH CENTER, A.K.A, THE ROSEMARY COMMUNITY CENTER, LOCATED AT 890 CENTRAL AVENUE SARASOTA General Services Director Nancy Carolan and Procurement Specialist Robert Schanley, Jr., requested direction regarding a lease extension by Drug Free Communities for an office at the Roy Curt Smith Center. The following person spoke: Mary Ann Andrews After discussion, Mayor Martin noted Commission consensus to refer a potential lease amendment to the Administration with broad discretion to review the use of the facility and the possibility of developing a process to identify additional tenants. (FTR4:42) 4) PROPOSED ZONING TEXT AMENDMENT, FIRST CYCLE, 2005 Mayor Martin noted Commission consensus to move the presentation and discussion to the evening session due to time limitations; however, citizens signed up to speak can address the issue at this time if desired. The following persons spoke: Mark Hess; Richard Bermann, on his own behalf and on behalf of Marlene Panet-Raymond; Bill Tharp; and Devin Rutkowski (FTR4 4:56) 7. NEW BUSINESS: 1) ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY AND HELEN R. PAYNE DAY NURSERY TO CHILDREN FIRST, INC. FOR THE REMAINDER OF THE LEASE WHICH TERMINATES ON MARCH 18, 2018 - PULLED FROM CONSENT AGENDA NO. 1 The following person spoke: Phillip Tavill, Executive Director, Children First A motion was made by Commissioner Atkins, seconded by' Vice Mayor Servian, and carried by a 5-0 vote to refer the matter to the Administration for further discussion and evaluation. (FTR 5:09) 13. CITIZENS' INPUT Ms. Nina Burnell submitted a petition on behalf of residents of the Janie Poe public housing complex and other citizens and spoke about the conditions at the Janie Poe public housing complex. (FTR5:14) Mayor Martin recessed the afternoon session at 5:14 p.m. and convened the evening session at 6:07 p.m. 8. COMMISSION PRESENTATIONS: 1) EMPLOYEE OF THE YEAR 2004 - Loreda Williams, House Operations Manager, Van Wezel Performing Arts Hall 2) CERTIFICATE OF APPRECIATION TO THE CITY COMMISSION FROM THE ORIGINAL GILLESPIE PARK NEIGHBORHOOD ASSOCIATION - Presented by Dale Adcock, President, Andrea Sieger, Past President, Gill Ford, Vice President, the Original Gillespie Park Neighborhood Association (FTR 6:18) 9. SCHEDULED PRESENTATIONS: 1) JANIE POE PUBLIC HOUSING COMPLEX Valerie Buchand, President, Janie Poe Residents' Association, requested the Commission stop moving in the direction of demolition, involve the Janie Poe residents in future planning of the Janie Poe redevelopment, conduct a study to determine if the current buildings at Janie Poe can be renovated, work with the Sarasota Housing Authority, become involved in the future planning for the Janie Poe redevelopment and establish a partnership among the City, the County, the Sarasota Housing Authority, and Janie Poe residents. (FTR 6:25) 2) E-FEST 2005: MAY 27 & 28 - ON THE BAY AT THE VAN WEZEL Marshall Pridmore, Board of Directors of the Friends of Sarasota County Parks, indicated the E-Fest goal of promoting earth stewardship balanced with a vibrant economy and the hope the City will CO- sponsor the event by an appropriation of $25,000. Ms. Jodi John, Manager, Sustainable Sarasota, provided an overview of the goals, schedule, and sponsors of the event. BOOK 58 Page 29778 02/22/05 2:30 P.M. BOOK 58 Page 29779 02/22/05 2:30 P.M. After discussion, a motion was made by Commissioner Palmer, seconded by Vice Mayor Servian, and carried by a 5-0 vote to refer the request to the Administration for report back with a recommendation at the earliest convenience. (FTR 6:25) 3) 211 INFORMATIONAL AND REFERRAL SERVICE Roy McBean, Chair, United Way of 211 Manasota Inc., provided an overview of the 211 informational and referral service. Alberto Suarez, Executive Director, presented a status report on technology and updated databases. (FTR 6:41) SWEARING IN/PLEDGE OF PUBLIC CONDUCT: City Auditor and Clerk Robinson 10. NON QUASI-JUDICIAL PUBLIC HEARING: 1) ORDINANCE NO. 05-4604, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A After a presentation by Finance Director Gibson Mitchell, a motion was made by Commissioner Atkins, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to adopt proposed Ordinance No. 05-4604. (FTR 6:58) 11. CITIZENS' INPUT Father Jim and Nikki Nilon expressed appreciation to the City for maintaining and preserving the Luke Wood House and Crocker Church. (FTR 7:01) 12. NEW BUSINESS: Mayor Martin noted Commission consensus to consider New Business Item No. 1 prior to Unfinished Business Item No. 1. 1) COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 After a presentation by Finance Director Gibson Mitchell, a motion was made by Commissioner Bilyeu, seconded by Commissioner Atkins, and carried by a 5-0 vote to receive and accept the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2004. (FTR 7:05) 13. UNFINISHED BUSINESS - CONTINUED: 1) PROPOSED ZONING TEXT AMENDMENTS, 1ST CYCLE, 2005 A presentation by Planning and Redevelopment Deputy Director Michael Taylor and Senior Planner Gretchen Schneider was provided. The following person spoke: Kate Lowman During discussion of individual amendments, Mayor Martin noted consensus of the Commission to approve proceeding with the amendments as recommended in the matrix of Zoning Code (2002 Ed.) Text Amendments included in the Agenda backup material with the following exceptions which are to: increase the amount of time an applicant has to respond to insufficiencies in a development application - concurred with Staff's recommendation not to proceed modify procedures for legislative rezonings - referred to the City Attorney allow properties with nonconforming density to retain the density - referred to the Historic Preservation Board eliminate need for conditional use to establish a park in a residential zone district - moved consideration from the 2nd Amendment Cycle to the 1st Amendment Cycle 2005 develop standards for placement/design of garages in single-family zone districts - moved consideration from the 2nd Amendment Cycle to the 1st Amendment Cycle 2005 increase permitted height for large, campus type uses in Office Regional District (ORD) Zone District - removed from consideration until the Master Plan from the Ringling School of Art and Design has been reviewed allow cluster housing in Residential Single Family Estate (RSF-E) Zone District - removed from consideration allow both ophthalmologic and optical and eye care facility use in a Commercial Neighborhood (CN) Zone District - moved consideration from the 2nd Amendment Cycle to the 1st Amendment Cycle 2005 add a provision allowing for fresh food and provision to be delivered to boaters in the Marine Park (MP) Zone District - removed from consideration allow temporary construction banners around project perimeters revised to indicate a prohibition against commercial messages address outdoor restaurant seating adjacent to residential areas - added by the Commission require screening for parking levels within a parking deck - moved consideration from the 2nd Amendment Cycle to the 1st Amendment Cycle 2005 RECESS: 8:36 to 8:50 p.m. 14. NEW BUSINESS: 1) COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2004 See Minute Item No. 12(1). 2) RADISSON LIDO BEACH RESORT - JET SKI RENTAL Following a request by Chris Brown, Vice President, Florida Operations, Calpac Inc. (Radisson Lido Beach Resort), to operate a jet ski rental on the public beach for ten years, a motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and failed by a 3-2 vote, with Commissioners Atkins and Servian and Mayor Martin voting no, to direct the Administration to consider leasing a location north of the Radisson Lido Beach Resort with the provisions of the current conditional use permit, an agreement which would give the City an out if appropriate, and a $2,000 monthly fee which may change. (FTR 9:11) 3) LIFT STATION MALFUNCTION Public Works Director William Hallisey, Public Works Deputy Director Douglas Taylor, Peter Putnam, Manager, Sarasota office of Post, Buckley, Schuh & Jernigan, Inc., and Rob Bolesta, Engineer, Sarasota County Health Department, provided a report regarding the malfunction of Lift Station #7. The following persons spoke: Ms. Susan Chapman, Mr. Jim Kosub, Ms. Ellen Miller, and Mr. Mark Herrli A motion was made by Commissioner Palmer, seconded by Vice Mayor Servian, and carried by a 5-0 vote to extend the meeting to complete the Agenda. Mayor Martin noted Commission consensus to support Staff's recommendation regarding procedure review and physical inspections. (FTR 10:54) BOOK 58 Page 29780 02/22/05 2:30 P.M. BOOK 58 Page 29781 02/22/05 2:30 P.M. 4) FIRST EXTENSION TO LEASE AGREEMENT BETWEEN THE CITY OF SARASOTA AND THE SARASOTA GARDEN CLUB Following a recommendation by City Attorney Fournier, Mayor Martin noted Commission consensus to defer consideration to the March 7, 2005, Regular Commission meeting. (FTR 10:56) 15. COMMISSION BOARD REPORTS (FTR 11:10) 16. REMARKS OF COMMISSIONERS. ANNOUNCEMENT AND ITEMS FOR NEXT AGENDA A. Following a comment by Vice Mayor Servian, Mayor Martin noted Commission consensus for City Attorney Fournier to research trespass and liability issues related to allowing volunteer work at public housing properties of the Sarasota Housing Authority. B. Mayor Martin stated that discussion concerning the City's Noise Ordinance, specifically concerning events downtown on Friday and Saturday nights if an event is scheduled to end by 10:00 p.m., will be placed on an Agenda of a future Regular Commission meeting. (FTR 11:24) 17. OTHER MATTERS/ADMINISTRATIVE OFFICERS Following a request by City Attorney Fournier, Mayor Martin noted Commission consensus to schedule an out-of-sunshine, attorney-client session regarding a proposed settlement in the case of Annie Mae and others versus the City of Sarasota. (FTR 11:30) Mayor Martin adjourned the meeting at 11:30 p.m. Recinaldarirs RICHARD F. MARTIN, MAYOR ATTEST: Buley E Les L Lerg - C - BILLY E. ROBINSON, CITY AUDITOR AND CLERK 3 O