MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 17, 2006, 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. INVOCATIONIPLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson 1. CITIZENS' INPUT (AGENDA ITEM I) The following person spoke: John Hartman concerning the process of selecting excellent.public art, including a possible World War II memorial. (FTR 2:38) 2. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted Commission consensus to approve the minutes of the Regular Commission meetings of December 12, 2005 and January 3, 2006. (FTR 2:38) 1. BOARD ACTIONS (AGENDA ITEM III) 1) REPORT RE: PUBLIC ART COMMITTEE'S REGULAR MEETING OF DECEMBER 14, 2005 (AGENDA ITEM III-1) Chair Virginia Hoffman and Chief Planner John Burg presented the following item from the December 14, 2005, Public Art Committee meeting. "Memory Path" Following a comment by Commissioner Shelin concerning applicability of the Visual Artists Right Act, City Attorney Fournier stated that the Commission previously agreed to defer a decision concerning "Memory Path" until the conclusion of the charette for Selby Five Points Park, the City Attorney was to conduct research to determine if the art is properly considered site specific, and the artist Athena Tacha has indicated a Willingness to wait until the conclusion of the charette process in March 2006 for a decision; therefore, action is not required at this time. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by 5-0 vote to receive the report of the December 14, 2005, Regular meeting of the Public Art Committee. (FTR 2:43) The Commission recessed at 2:45 p.m. and convened into a Special Session as the Community Redevelopment Agency and reconvened at 3:42 p.m. Book 58 Page 30034 1/17/2006 2:30 P.M. Book 58 Page 30035 1/17/2006 2:30 P.M. 3. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) A motion was made by Commissioner Shelin, seconded by Commissioner Atkins, and carried by a 5-0 vote to approve Consent Agenda No. 1. Item No. 1, 2, 3, and 4 as follows: 1) Approval Re: Annual Board Report of the Citizen Tax Oversight Committee on the Penny Sales Tax Extension. 2) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Amendment of Agreement between the City of Sarasota and Post, Buckley, Schuh, and Jernigan, Inc., (RFP No. 04-06E) for Consulting Engineering Services for the West Multi-Use Recreational Trail. 3) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First Extension of Agreement between the City of Sarasota and Tindale Oliver & Associates, Inc., (RFP No. 04-43E) for Traffic Engineering Consultant Services. 4) Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the contract between the City of Sarasota and Post, Buckley, Schuh, and Jernigan, Inc., (RFP No. 05-49W) for continued Consultant Engineering Services to provide Water and Sewer Engineer of Record. (FTR 3:43) 4. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read proposed Resolution No. 06R-1878 and proposed Ordinance Nos. 05-4633, 06-4656 and 06-4664 by title only. A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by 5-0 vote to adopt Consent Agenda No. 2, Item Nos. 1, 2, 3 and 4 as follows: 1) Proposed Resolution No. 06R-1878, 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. 05-4633, amending Chapter 36, Vehicles for Hire, by adding thereto a new Article IV, Pedicabs; providing for severability if any of the parts hereof are declared invalid; etc., on second reading. (Title Only) 3) Proposed Ordinance No. 06-4656, amending the City Code, Chapter 36, Vehicles for Hire, Article II, Taxicabs and other Vehicles for Hire, six sections therein, to add registered sexual predator or offender status to list of facts considered in issuance, denial, suspension, or revocation of certificates, permits, and licenses; amending three sections therein to provide that the City Auditor and Clerk shall set the rees for issuance of certificates, permits, and licenses; amending Section 36-79, appeals, providing for the holding of a hearing before a special master for an aggrieved party who files an appeal; etc., on second reading. (Title Only) 4) Proposed Ordinance No. 06-4664, amending the Sarasota City Code, Chapter 2, Administration, Article V, Boards, Commissions and Committees, Division 5, Code Compliance System, Section 2-309, Jurisdiction, to expand the Special Magistrate's Jurisdiction to include appeals arising out of Chapter 36, Sarasota City Code, Vehicles for Hire, repealing ordinances in conflict; etc., on second reading. (Title Only) (FTR 3:45) 5. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) DISCUSSION RE: PROPOSED CITY OF SARASOTA TRAFFIC ROUNDABOUTS IN RELATION TO THE FLORIDA ROUNDABOUT GUIDE (AGENDA ITEM VI-1) Commissioner Shelin gave a presentation. City Engineer/Engineering Director Alexandrea Davis-Shaw and Traffic Engineering Manager Osama "Sam" Freija gave the Staff presentation. In response to a question by Commissioner Shelin regarding the completion of a study on roundabouts, Traffic Engineering Manager Freija stated that in April 2004 the Commission adopted the roundabouts contingent upon the next phase, which is the design study; that Staff is moving forward with the design study. In response to a question by Commissioner Palmer regarding a cost estimate, City Engineer/Engineering Director Davis-Shaw stated that the design study will cost approximately $67,000. Traffic Engineering Manager Freija stated that a Scope of Services was developed with the participation of the Florida Department of Transportation (FDOT) and the developer; that approximately $35,000 is available as a result of the negotiations for the Ritz-Carlton Hotel and Condominiums project; that developers will be requested to contribute to the study. In response to a request by Mayor Servian to keep the Commission informed, Traffic Engineering Manager Freija stated that the funding for the study is available; that the results will be received in approximately 60 to 90 days; that the Commission will be kept informed. Commissioner Palmer left the Chambers at 4:02 p.m. and returned at 4:04 p.m. In response to a request by Commissioner Shelin for a copy of the Scope of Services, Traffic Engineering Manager Freija stated that a copy will be provided the Commission. The following people spoke: Kafi Benz and John Sandefur regarding the construction of roundabouts. 2) ADOPTION RE: PROPOSED RESOLUTION NO. 06R-1861, ADOPTING A FORMAL POLICY AND PROCEDURE REGARDING MOTIONS TO RESCIND ACTION TAKEN AFTER A PUBLIC HEARING; RECOGNIZING THE RIGHT OF THE CITY COMMISSION TO RESCIND PRIOR ACTS WITHIN CERTAIN LIMITATIONS AS MORE FULLY SPECIFIED HEREIN; ETC. (TITLE ONLY) (AGENDA ITEM VI-2) Following a presentation by City Attorney Fournier, Mayor Servian noted no Commission consensus to proceed with proposed Resolution No. 06R-1861. (FTR 4:22) 3) PRESENTATION AND DISCUSSION RE: PROPOSED LINEAR PARK WITHIN THE RIGHT OF WAY OF SARASOTA AVENUE BETWEEN 45TH AND 47TH STREETS AS REQUESTED BY THE INDIAN BEACH SAPPHIRE SHORES ASSOCIATION (AGENDA ITEM VI-3) Following a presentation by City Attorney Fournier, a motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to direct the City Attorney's Office to prepare an ordinance for the vacation of the Sarasota Avenue right-of- Book 58 Page 30036 1/17/2006 2:30 P.M. Book 58 Page 30037 1/17/2006 2:30 P.M. way between 45th and 47th Streets, for use as a linear park and to set for public hearing. (FTR 4:49) A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to extend the meeting until the end of Unfinished Business, Agenda Item VI-4. (FTR 4:29) 4) PRESENTATION AND DISCUSSION RE: UPDATE ON PAYNE PARK MASTER PLAN AND CIRCUS SARASOTA. (AGENDA ITEM VI-4) Following a presentation by Deputy City Manager V. Peter Schneider, Mayor Servian noted Commission consensus for Staff to proceed with the implementation of the Payne Park Master Plan and continue to work with Circus Sarasota to find a permanent location for the circus. (FTR 4:33) The Commission recessed at 4:33 p.m. and reconvened at 6:04 p.m. Mayor Servian recognized members of Girl Scout Troops 338 and 249 present in the audience. 6. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1.) PRESENTATION RE: EMPLOYEE OF THE MONTH FOR DECEMBER 2005, ISIDRO GOMEZ, MAINTENANCE TECHNICIAN III, VAN WEZEL PERFORMING ARTS HALL (AGENDA ITEM XII-1) - Presented to Isidro Gomez. 2) PRESENTATION RE: PROCLAIMING JANUARY AS MENTORING MONTH IN THE CITY OF SARASOTA (AGENDA ITEM XII-2) - Presented to Commissioner Paul Mercier, Sarasota County; Dennis Stover, Director, Friendship Volunteer Center; Caroline Zucker, Director of Marketing and Volunteer Coordinator, Jewish Family and Children Service of Sarasota-Manatee, Inc; and Grace Carlson, APRP, of Grace Unlimited. 7. SCHEDULED PRESENTATIONS (AGENDA ITEM XIII) 1) PRESENTATION RE: UPDATE ON THE TAMIAMI TRAIL SCENIC HIGHWAY COMMITTEE (AGENDA ITEM XIII-1) Hugo Mazzoli, Chair Richard Clapp, Vice Chair, Natalie Rush, Secretary, and Jake Hartvigsen, Member, Tamiami Trail Scenic Highway Committee, gave a presentation. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to receive the report of the Tamiami Trail Scenic Highway Committee. (FTR 6:29) 8. 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. 05-4594, TO CONDITIONALLY VACATE THAT CERTAIN PLATTED BUT UNIMPROVED 50 FOOT WIDE ALLENDALE AVENUE RIGHT OF WAY (PLATTED AS FRANCES AVENUE) BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF ASPINWALL AVENUE (PLATTED AS CHARLES STREET) PROCEEDING SOUTHWARD FOR APPROXIMATELY 102 FEET ALL AS MORE PARTICULARLY DESCRIBED HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 05-SU-01, APPLICANT JAMES T. FARR OF GEORGE F. YOUNG, INC., AS AGENT REPRESENTING PEN WEST ASSOCIATES, LLP AND PEN WEST NORTH, LLP, FLORIDA LIMITED LIABILITY PARTNERSHIPS, AS FEE SIMPLE OWNERS) (AGENDA ITEM XIV-A-1) AND 9. QUASI-JUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-B) 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4593, TO REZONE CERTAIN PARCELS OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF FRUITVILLE ROAD AND TUTTLE AVENUE WITH A STREET ADDRESS OF 2801 FRUITVILLE ROAD COMMONLY KNOWN AS THE PEN WEST OFFICE PARK FROM THE COMMERCIAL PAR (CP), RESIDENTIAL MULTIPLE FAMILY-1 (RMF-1) AND RESIDENTIAL SINGLE FAMILY-2 (RMF-2) ZONE DISTRICTS THE OFFICE REGIONAL DISTRICT (ORD) ZONE DISTRICT; APPROVING SITE PLAN APPLICATION NO. 05-SP-31 TO ALLOW CONSTRUCTION WITHIN A PORTION OF THE REZONED PROPERTY OF A SINGLE STORY PROFESSIONAL OFFICE BUILDING CONSISTING OF APPROXIMATELY 19,254 SQUARE FEET AND ASSOCIATED SURFACE PARKING; ALL AS MORE PARTICULARLY SET FORTH HEREIN; ETC. (TITLE ONLY) (APPLICATION NO. 05-RE-05, APPLICANT JAMES T. FARR OF GEORGE F. YOUNG, INC., AS AGENT REPRESENTING PEN WEST ASSOCIATES, LLP. AND PEN WEST NORTH, LLP., FLORIDA LIMITED LIABILITY PARTNERSHIPS, AS FEE SIMPLE OWNERS) (AGENDA ITEM XIV-B-1) Mayor Servian noted Commission consensus to consolidate Agenda Items XIV-A-1 and B-1 into one public hearing. James T. Farr, George F. Young, Inc, representing Pen West Associates, LLP, and Pen West North, gave a presentation on behalf of the Applicant. Senior Planner Harvey Hoglund, Planning and Redevelopment Department, gave the Staff presentation. City Auditor and Clerk Robinson read proposed Ordinance No. 05-4594 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. 05-4594 on first reading. (FTR 6:38) City Auditor and Clerk Robinson read proposed Ordinance No. 05-4593 by title only. A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4593 on first reading. (FTR 6:39) 10. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) Book 58 Page 30038 1/17/2006 2:30 P.M. Book 58 Page 30039 1/17/2006 2:30 P.M. No one signed up to speak. 11. NEW BUSINESS (AGENDA ITEM XVII) 1) DISCUSSION RE: SUMMARY OF THE OCTOBER 27TH AND 30TH 2005 COMMUNITY CONVERSATIONS HELD AT THE SUDAKOFF CENTER OF NEW COLLEGE SPONSORED BY COMMISSIONER SHELIN, THE DOWNTOWN PARTNERSHIP AND THE COALITION OF CITY NEIGHBORHOOD ASSOCIATIONS. (AGENDA ITEM XVII-1) Commissioner Shelin gave a presentation. Mayor Servian noted Commission consensus to refer the summary of the October 27 and 30, 2005, Community Conversations to the City Manager, City Auditor and Clerk, and the City Attorney for comments and recommendations concerning issues affecting administrative matters identified in the summary during the strategic planning sessions and for discussion during the informal meetings. (FTR 6:47) In response to a request by Commissioner Palmer concerning the attendees at the Community Conversations, Commissioner Shelin stated that the list of attendees will be provided to the Commissioners. 2) DISCUSSION RE: REQUEST FOR A BUDGET AMENDMENT FOR ADDITIONAL STAFF AND EQUIPMENT FOR ON-GOING IMPROVED WASTEWATER LIFT STATION MAINTENANCE AND OPERATIONS PROGRAMS (AGENDA ITEM XVII-2) Deputy Director of Public Works Utilities Pamela Keyes gave the Staff presentation. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by 5-0 vote to approve a budget amendment for additional staff and equipment for the Public Works Department in the amount of $110,000. (FTR 6:55) 12. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM VIII) A. Commissioner Shelin reported on the meeting of the Public Art Committee. B. Commissioner Shelin reported on the meeting of the Citizens with Disabilities Advisory Board. C. Commissioner Bilyeu reported on the meeting of the Suncoast Partnership to End Homelessness. D. Vice Mayor Atkins reported on the meeting of the Board of Directors of the Sarasota Housing Authority. E. Commissioner Palmer reported on the meeting of the Youth Advisory Board. F. Commissioner Palmer reported on the meeting of the Legislative Committee on Intergovernmental Relations. G. Commissioner Palmer reported on the meeting of the Manasota League of Cities. H. Mayor Servian reported on the press conference held by the Sarasota Housing Authority to announce a partnership with Habitat for Humanity for redevelopment of the balance of the Cohen Way public housing complex property. I. Mayor Servian reported on the upcoming meeting of the Tourist Development Council. (FTR 7:19) 13. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM IX) A. In response to a request by Commissioner Palmer concerning historic structures, Mayor Servian noted Commission consensus to refer consideration of a methodology to obtain from developers a financial commitment for relocation and rehabilitation of historic structures on a parcel which is the subject of a request for a rezoning to the Historic Preservation Board for a recommendation. (FTR 7:21) B. In response to a request by Commissioner Paimer concerning the status of the study being conducted by Economic Research Associates (ERA), Mayor Servian requested that the Administration provide an update on the status of the ERA study. (FTR 7:22) C. In response to a comment by Commissioner Shelin concerning the appointment of a STAR Students Taking an Active Role in Government) member to the Citizens with Disabilities Advisory Board, City Auditor and Clerk Robinson stated that the appointment will be on the Agenda of the February 6, 2006, Regular Commission meeting. D. In response to a question by Commissioner Shelin concerning erosion on the Bayfront at the Van Wezel Performing Arts Hall, City Manager McNees stated that Staff is aware of and is resolving the situation. (FTR 7:39) 14. ADJOURN (AGENDA ITEM XVIII) Mayor Servian adjourned the meeting at 7:44 p.m. y MAYOR a OTA MARY ANNE u SERVIAN, P ATTEST: EimRe A BIEUAE RBINSGN! CITY AUDITOR AND CLERK 90 Book 58 Page 30040 1/17/2006 2:30 P.M.