BOOK 58 Page 29957 10/03/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF OCTOBER 3, 2005, AT 2:30 P.M. PRESENT: Vice Mayor Fredd "Glossie" Atkins, presiding, 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: Mayor Mary Anne Servian, due to illness The meeting was called to order by Vice Mayor Atkins at 2:30 p.m. INVOCATION: City Auditor and Clerk Robinson PLEDGE OF ALLEGIANCE: Sergeant Major fom Swiney, retired U.S. Army, having served two tours in Vietnam, retired JROTC instructor from the Sarasota County School District, and currently serving as School Resource Officer, Sarasota Military Academy. 1. CHANGES TO THE ORDER OF THE DAY City Auditor and Clerk Robinson oresented the following Changes to the Order of the Day: A. Remove Item No. VI-1, Unfinished Business, Presentation Re: Sarasota Housing Authority (SHA) Update, which will be rescheduled for a later Commission meeting. B. Add Item No. XIII-2, Scheduled Presentations, Presentation Re: Community Alternates Residential Initiative, per the request of Mayor Servian. C. Remove Consent Agenda No. 1, Item No. V-A-3, and place under New Business as Item No. VII-1, per the request of City Engineer/Director of Engineering Daughters. D. Remove Item No. XIV-A-1, Public Hearing concerning proposed Ordinance No. 05- 4644 to amend Chapter 24, Personnel, Article Il, Pensions, Division 4, General Employees as this item will be readvertised and placed on the Agenda of the October 17, 2005, Regular Commission meeting, per the request of City Auditor and Clerk Robinson (FTR 2:34) Vice Mayor Atkins noted Commission consensus to approve the Changes to the Order of the Day. 2. CITIZENS' INPUT (AGENDA ITEM I) The following people spoke: Kenneth Binochi concerning collection of signatures on City Hall property for a petition to establish additional standards for legislative and congressional districts beyond those currently set forth in the State Constitution. Vice Mayor Atkins noted Commission consensus to refer the request to the City Auditor and Clerk. Paul Thorpe concerning the loitering of young people in the Links Park area during the evening hours. Linda Talbot, Chair of the Bobby Jones Golf Course Advisory Board with an update concerning the Bobby Jones Golf Complex. 3. APPROVAL OF MINUTES (AGENDA ITEM II) Vice Mayor Atkins noted Commission consensus to approve the minutes of the Regular Commission meeting of September 19, 2005. (FTR 2:37) 4. ITEMS REMOVED FROM THE CONSENT AGENDAS Commissioner Shelin requested that Item No. 1 from Consent Agenda No. 1 be removed for discussion. Commissioner Palmer requested that Item No. 6 from Consent Agenda No. 2 be removed to allow her to vote "no" on proposed Ordinance No. 05-4642. City Auditor and Clerk Robinson stated that Item No. 6 from Consent Agenda No. 2 will be heard under New Business as Item No. VII-2, and Item No. 1 from Consent Agenda No. 1 will be heard under New Business as tem No. VI-2. 5. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by 4-0 vote to approve Item Nos. 2, 4, 5, 6, and 7 to: (FTR 2:45) 2) Authorize the Mayor and City Auditor and Clerk to execute a one-year renewal of a contract between the City of Sarasota and Road Runner Highway Signs, Incorporated, (RFP #03-47M) for Traffic Signalization Services 4) Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Jon F. Swift, Inc., (Bid #05-4:2W) for construction of the Bayfront Multi-Use Recreational Trail in the amount of $1,087,662.61 5) Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Neil E. Haselfeld for water service located at 3006 Hawthorne Street 6) Authorize the Mayor and City Auditor and Clerk to execute the Fiscal Agent Agreement between the City of Sarasota and The Health Planning Council of Southwest Florida, Inc., for Housing Opportunities for Persons With AIDS Grant (HOPWA) Implementation Services Agreement for the period of October 1, 2005 through September 30, 2006 7) Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement between the City of Sarasota and Thomas L. & Mary G. Gagnon for water service located at 2938 Arlington Street 6. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read proposed Resolution Nos. 05R-1857, 05R-1858, and 05R- 1856 and proposed Ordinance Nos. 05-4627 and 05-4635 by title only. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu and carried by a 4-0 vote to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3, 4, and 5 as follows: BOOK 58 Page 29958 10/03/05 2:30 P.M. BOOK 58 Page 29959 10/03/05 2:30 P.M. 1) Proposed Resolution No. 05R-1857, amending the budget for the fiscal year beginning October 1, 2005 by providing for supplemental appropriations in the amounts identified in Exhibit A; providing for severability if any of the parts hereof are declared invalid; etc. (Title Only) 2) Proposed Resolution No. 05R-1858, amending and restating previously adopted Resolution 02R-1480 which created the Community Redevelopment Advisory Board; making findings; oroviding for additional authority to be given to the Advisory Board member who is required to be involved in planning or design to provide comments regarding architectural and urban design issues in the context of the Advisory Board's review of proposed public Private Redevelopment Projects; providing for severability of the parts hereof if declared invalid; etc. (Title Only) 3) Proposed Resolution No. 05R-1856, adopting the Arlington Park Neighborhood Action Strategy for the neighborhood known as Arlington Park; setting forth findings; authorizing the implementation of the Arlington Park Neighborhood Action Strategy; etc. (Title Only) 4) Proposed Ordinance No. 05-4627, to rezone a parcel of real property located at the northeast corner of Fruitville Road and Jefferson Avenue with a street address of 138 North Jefferson Avenue from the Office Park (OP) Zone District to the Office Community District (OCD) Zone District; approving Site Plan Application No. 05-SP- 14 to allow construction of a one story 3,600 square foot professional office building and associated surface parking; all as more particularly set forth herein; etc. (Title Only/tApplication Nos. 05-RE-17 and 05-SP-14, Applicant Joel J. Freedman, AICP of Freedman Consulting and Development, LLC, as agent representing Joshua and Caterina Rosen, as the fee simple owners) 5) Proposed Ordinance No. 05-4635, amending rezoning Ordinance No. 03-4489 and 04-4580 to reflect the approval and substitution of Site Plan 05-SP-18 for previously approved Site Plan 04-SP-31 pertaining to a residential condominium project known as The Metropolitan; increasing the enclosed parking for 65 additional vehicles and providing a larger pedestal to accommodate same and increased width through the latitudinal section of the building tower thus increasing the gross building area on property zoned Downtown Bayfront (DTB) and located at One North Tamiami Trail; and setting forth conditions of approval; etc. (Title Only)Application Nos. 05-ROA- 02 and 05-SP-18, Applicant Bruce Franklin, Land Resource Strategies, Inc., as agent representing KPC Sarasota Development LLC, a foreign limited liability company) (FTR 2:48) 7. UNFINISHED BUSINESS (AGENDA ITEM VI) 2) DISCUSSION RE: BOBBY JONES GOLF COURSE (BJGC) FEE INCREASES Commissioner Bilyeu gave a presentation concerning the previously approved fee increases at BJGC. Vice Mayor Atkins noted Commission consensus to proceed with the fee increases previously approved. (FTR 2:50) 8. NEW BUSINESS (AGENDA ITEM VII) 1) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE EIGHTEENTH AMENDMENT TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF SARASOTA AND COASTAL PLANNING & ENGINEERING, INC., FOR THE LIDO BEACH STORM DAMAGE REPAIR PROJECT City Engineer/Director of Engineering Dennis Daughters gave a presentation and stated that the Administration requests an additional recommendation to authorize Staff to work with the Town of Longboat Key for a potential joint project in addition to approving the Eighteenth Amendment to the Agreement for Engineering Services. A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to approve the Administration's recommendation to: 1) approve the Eighteenth Amendment to the Agreement for Engineering Services with Coastal Planning & Engineering, Inc., 2) authorize the Mayor to execute the document, and 3) authorize Administration to work with the Town of Longboat Key for a potential joint project. (FTR 2:55) 2) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 05-4642, AMENDING THE FUTURE LAND USE CHAPTER OF THE COMPREHENSIVE PLAN OF THE CITY OF SARASOTA (A/K/A THE SARASOTA CITY PLAN [1998]) TO CHANGE THE FUTURE LAND USE CLASSIFICATION OF A 0.46+ ACRE PARCEL OF PROPERTY LOCATED ON THE SOUTH SIDE OF MAIN STREET BETWEEN LIME AVENUE AND SHADE AVENUE FROM THE "COMMUNITY OFFICEINSTTUTIONAL FUTURE LAND USE CLASSIFICATION TO THE "MULTIPLE FAMILY (MEDIUM DENSITY)" FUTURE LAND USE CLASSIFICATION IN ACCORDANCE WITH COMPREHENSIVE PLAN AMENDMENT APPLICATION NO. 04-PA-02; SAID PROPERTY HAVING STREET ADDRESSES OF 2324 AND 2346 MAIN STREET; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) (APPLICATION NO. 04-PA- 02, APPLICANT BRUCE FRANKLIN, LAND RESOURCES STRATEGIES, INCORPORATED, AS AGENT REPRESENTING MPP ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP) A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 3-1 vote with Commissioner Palmer voting no to adopt proposed Ordinance No. 05- 4642 on second reading. (2:59) 3) APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 05- 4637, AMENDING THE CITY OF SARASOTA ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE, SECTION 104.6(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. In response to a question from Commissioner Shelin concerning the increase in the amount of the fee, Timothy Litchet, Director of Building, Zoning, and Code Compliance, stated that the current maximum fee is $500, which does not cover the Staff review time for larger projects; that the proposed fee is $1 per $1,000 of construction cost with a maximum of $10,000, which will not affect the fee for any project valued at $500,000 or less but will affect the larger projects which require more Staff review time. BOOK 58 Page 29960 10/03/05 2:30 P.M. BOOK 58 Page 29961 10/03/05 2:30 P.M. A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to set proposed Ordinance 05-4637 for public hearing. (FTR 3:03) 9. ADDITIONAL CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) No one signed up to speak. 10. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) A. Commissioner Palmer reported on the meeting of the Economic Development Corporation. (FTR 3:05) B. Commissioner Palmer reported on the meeting Youth Advisory Board. (FTR 3:07) In response to a suggestion from Commissioner Shelin, Vice Mayor Atkins noted Commission consensus to refer the issue of young people's appropriate and inappropriate behavior to the Youth Advisory Board for recommendations to the Commission. (FTR 3:15) C. Commissioner Palmer reported on meetings with the development community and the neighborhood associations held to discuss a second neighborhood meeting pursuant to a Commission directive. Vice Mayor Atkins noted Commission consensus to refer to the three Charter Officials to examine the idea of adding a requirement for a second neighborhood meeting under the following circumstances: 1) the development project has an increase in height, density, or intensity, 2) an application has not been filed within 12 months of the first neighborhood workshop, or 3) a change not deemed a minor revision is made to the site plan with certain exceptions if no objections by the neighborhood association or no attendance at the first neighborhood meeting; however, a second neighborhood meeting would be required if the area has no registered neighborhood association. (FTR 3:26) D. Commissioner Bilyeu reported on the meeting of the Homeless Coalition. (FTR 3:27) E. Commissioner Bilyeu stated that he can no longer serve on the Public Transportation Steering Task Force of the Sarasota/Manatee Metropolitan Planning Organization (MPO) due to a scheduling conflict; that Commissioner Shelin serves as the alternate. Vice Mayor Atkins noted Commission consensus for Commissioner Shelin to serve as the Commission's representative on the Public Transportation Steering Task Force of the MPO. F. Commissioner Shelin reported on the meeting of the Sarasota/Manatee Metropolitan Planning Organization. (FTR 3:29) G. Vice Mayor Atkins announced an upcoming meeting of the Enterprise Zone Development Agency. (FTR 3:30) 11. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR THE NEXT AGENDA (AGENDA ITEM X) A. In response to comments by Commissioner Shelin concerning the indication by Mote Marine Laboratory and Aquarium (Mote Marine) of the ability to control some red tide bloom, Vice Mayor Atkins noted Commission consensus to direct the Administration to work with the Parks, Recreation and Environmental Protection Advisory Board to determine if a pilot program to control red tide could be developed with Mote Marine. (FTR 3:33) B. In response to questions by Commissioners Bilyeu and Palmer concerning a Business Continuity Plan to assure continuity in the event of a hurricane or other disaster, City Manager McNees stated that a workshop for the community will be held at such time as the plan is completed. C. In response to comments by Commissioner Palmer concerning the impact of development on local streets, Vice Mayor Atkins noted Commission consensus to have Staff examine the methods utilized to review the impact of development on local streets. (FTR 3:48) D. In response to a request by Commissioner Palmer concerning the placement of second reading of ordinances on Consent Agenda No. 2, Vice Mayor Atkins noted Commission consensus not to place second reading of ordinances on which unanimous support had not been received on Consent Agenda No. 2. E. Commissioner Palmer stated that she will not be in attendance at the October 17, 2005, Regular Commission meeting due to attendance at the meeting of the Legislative Committee on Intergovernmental Relations in Tallahassee. F. In response to a question from Vice Mayor Atkins concerning the results of a recent City- initiated citizen satisfaction survey, City Manager McNees stated that a presentation concerning the results will be placed on the Agenda of a Regular Commission meeting in the near future. 12. OTHER MATTERSADMNSTRAIVE OFFICERS (AGENDA ITEM XI) A. City Attorney Fournier stated that he will not be in attendance at the October 17, 2005, Regular Commission meeting due to vacation; that Attorney Michael Connolly will be in attendance for the City Attorney's Office. B. City Attorney Fournier stated that Staff of the Planning and Redevelopment Department will be including revisions to the ordinance concerning the Downtown Residential Overlay District in the next cycle of amendments to the Zoning Code (2002 Ed.), which will be presented to the Planning Board/Local Planning Agency in November 2005 and the Commission in December 2005 or January 2006. The Commission recessed at 4:00 p.m. and reconvened at 6:00 p.m. 13. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: EMPLOYEE OF THE MONTH FOR SEPTEMBER 2005, TOM TOUSIGNANT, UTILITIES MECHANIC I - Presented to Tom Tousignant 2) PROCLAMATION RE: FOSTERING ALPHA COMPANY, TF 2-504 PARACHUTE INFANTRY REGIMENT, UNITED STATES ARMY Received by Toni Welicki, Gail Loeffler, and Karen McGowan on behalf of the Alpha Company, TF 2-504 Parachute Infantry Regiment, United States Army. 14. SCHEDULED PRESENTATIONS (AGENDA ITEM XIII) 1) PRESENTATION RE: "CLOWNING AROUND TOWN," AN OUTDOOR ART PROJECT PROPOSED TO THE SARASOTA CITY COMMISSION Marge Maisto, President and Chief Executive Officer, Hospice of Southwest Florida, gave a presentation accompanied by Chuck Sidlow, clown. BOOK 58 Page 29962 10/03/05 2:30 P.M. BOOK 58 Page 29963 10/03/05 2:30 P.M. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by 4-0 to refer the "Clowning Around Town" outdoor art project to Staff for consideration by the Public Art Committee and to endorse the project unless the Public Art Committee has concerns which should be considered further by the Commission. (FTR 6:20) 2) PRESENTATION RE: COMMUNITY ALTERNATES RESIDENTIAL INITIATIVE Bob Bennett, Chief Judge of the 12th Judicial Circuit and Chair of Sarasota County Criminal Justice Commission, Bill Little, Executive Director of Sarasota County Health and Human Services and Chair of Substance Abuse and Mental Health Consortion, and Cheri Coryea, Co- Chair Suncoast Partnership to End Homelessness, gave a presentation. Vice Mayor Atkins noted Commission consensus to refer Community Alternates Residential Initiative to Administration to schedule a workshop to include the involvement of interested parties. (FTR 6:45) 15. NON QUASIJUDICIAL PUBLIC HEARINGS 2) PUBLIC HEARING RE: 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. (TITLE ONLY) Deputy Finance Director Christopher Lyons gave a presentation. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 4-0 vote to pass proposed Ordinance No. 05-4652 on first reading. (FTR 6:49) 16. CITIZENS' INPUT (AGENDA ITEM XV) No one signed up to speak. 17. NEW BUSINESS (AGENDA ITEM XVII) 1) DISCUSSION RE: ADOPTION OF FORMAL POLICY TO CONTROL MOTIONS TO RESCIND PREVIOUS CITY COMMISSION ACTIONS (AGENDA ITEM XVII-1) City Attorney Fournier gave a presentation. The following people spoke: Richard Clapp and Jennifer Ahearn-Koch concerning the rescission process. A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by 4-0 vote to direct Staff to draft a resolution to amend the Commission's Rules of Procedure to change the rescission process. (FTR 7:12) 2) DISCUSSION RE: CITY'S MOTION FOR ENTRY OF SUPPLEMENTAL ORDER IN CASE OF CITY OF SARASOTA VERSUS MONTGOMERY ROBERTS ASSOCIATES TO CLARIFY THAT THE PROPOSED USE OF THE PALM AVENUE PARKING PROJECT SITE FOR A MIXED USE COMMUNITY REDEVELOPMENT PROJECT WITH AT LEAST 300 IN STRUCTURE OFF STREET PARKING SPACES IS CONSISTENT WITH AND SATISFIES THE REQUIREMENT OF PARAGRAPH 4 OF THE STIPULATED FINAL JUDGMENT IN THE CASE THAT THE CITY'S USE OF THE PROPERTY SHALL BE "FOR THE PUBLIC GOOD" (AGENDA ITEM XVII-2) City Attorney Fournier gave a presentation as to the status of the City's motion for entry of a supplemental order in the case of the City of Sarasota versus Montgomery Roberts Associates and stated that the legal action is being held in abeyance until the City's plans for redevelopment of the Palm Avenue site are better defined. Vice Mayor Atkins welcomed Cub Scout Pack 14 from Saint James Methodist Church, leaders, and parents. 18. ADJOURN (AGENDA ITEM XVIII) Vice Mayor Atkins adjourned the meeting at 7:22 p.m. FREDD "GLOSSIE" ATKINS, VICE MAYOR a TESt a à BILLY: E. ROBINSON, CITY AUDITOR AND CLERK BOOK 58 Page 29964 10/03/05 2:30 P.M.