MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF DECEMBER 5, 2005, AT 2:30 P.M. PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd "Glossie" Atkins, Commissioners 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: Commissioner Danny Bilyeu, attending the National League of Cities Conference in Charlotte, North Carolina The meeting was called to order by Mayor Servian at 2:31 p.m. INVOCATION: City Auditor and Clerk Robinson PLEDGE OF ALLEGIANCE: Major Danny Smith, U.S. Marine Corps and U.S. Army, retired, currently serving as Senior Army Instructor at the Sarasota Military Academy 1. CHANGE TO THE ORDER OF THE DAY City Auditor and Clerk Robinson presented the following Change to the Order of the Day: A. Remove Consent Agenda No. 1, Item No. IV-A-1, Approval Re: Authorize the Administration to begin contract negotiations with Hansen Technologies, Inc., (RFP No. 5-16K) for a Land Management Computing System, per the request of Building, Zoning and Code Compliance Director Litchet and Information Technology Director Kouzehkanani. A motion was made by Vice Mayor Atkins, seconded by Commissioner Palmer, and carried by a 4-0 vote to accept the Change to the Order of the Day. (FTR 2:33) 2. CITIZENS' INPUT (AGENDA ITEM I) The following person spoke: William Fuller regarding concerns about the Wednesday Farmers' Market (FTR: 2:37) 3. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted Commission consensus to approve the minutes of the Regular Sarasota Commission meeting of November 21, 2005. (FTR: 2:37) 4. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 4-0 vote to approve Consent Agenda No. 1, Item Nos. 2 and 3, as follows: (FTR: 2:40) 2) Authorize the Mayor and City Auditor and Clerk to execute the Utilities Acquisition Agreement for a parcel of real property located near the northeast corner of the intersection of 12th Street and Central Avenue. 3) Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Second Renewal Lease between the City of Sarasota and Sarasota Flotilla, Inc. Book 58 Page 30002 12/05/05 2:30 P.M. Book 58 Page 30003 12/05/05 2:30 P.M. 5. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) City Auditor and Clerk Robinson read the title of proposed Ordinance No. 05-4651. A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by 4-0 vote to adopt Consent Agenda No.2, Item No 1, as follows: (FTR: 2:41) 1) 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 Tax Collector and the Department of Community Affairs of the State of Florida; repealing Ordinances in conflict; etc. (Title Only)(Agenda Item IV-B-1) 6. BOARD APPOINTMENTS (AGENDA ITEM V) 1) APPOINTMENT RE: BOBBY JONES GOLF COURSE ADVISORY BOARD (AGENDA ITEM V-1) A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 3-1 vote with Vice Mayor Atkins voting no to reappoint Millie Small and Kenneth Kelch to the Bobby Jones Golf Course Advisory Board. (FTR 2:44) Commissioner Shelin nominated Darwin Perry for appointment to the Bobby Jones Golf Course Advisory Board. Commissioner Palmer nominated Alan Woodle for appointment to the Bobby Jones Golf Course Advisory Board. Commissioner Palmer nominated Adam Kendall for appointment to the Bobby Jones Golf Course Advisory Board. Mayor Servian called for a vote on the nominations. Darwin Perry received 4 votes: Atkins, Palmer, Servian, Shelin. Alan Woodle received 4 votes: Atkins, Palmer, Servian, Shelin. Adam Kendall received 4 votes: Atkins, Palmer, Servian, Shelin. (FTR: 2:48) Mayor Servian announced the reappointment of Millie Small and Kenneth Kelch and the appointment of Darwin Perry, Alan Woodle, and Adam Kendall to the Bobby Jones Golf Course Advisory Board. 2) APPOINTMENT RE: HUMAN RELATIONS BOARD (AGENDA ITEM V-2) A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 4-0 vote to reappoint Liz Alert and Suzanne Atwell to the Human Relations Board. (FTR 2:48) 3) APPOINTMENT RE: PARKS, RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD (AGENDA ITEM V-3) A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 4-0 vote to reappoint Brie Willett to the Parks, Recreation and Environmental Protection Advisory Board. (FTR 2:49) Commissioner Shelin nominated Christi Lokey for appointment to the Parks, Recreation and Environmental Protection Advisory Board. Mayor Servian called for a vote on the nomination. Christi Lokey received 4 votes: Atkins, Palmer, Servian, Shelin. (FTR 2:51) Mayor Servian announced the reappointment of Brie Willett and the appointment of Christi Lokey to the Parks, Recreation and Environmental Protection Advisory Board. 4) APPOINTMENT RE: VAN WEZEL PERFORMING ARTS HALL BOARD (AGENDA ITEM V-4) A motion was made by Commissioner Palmer, seconded by Shelin, and carried by a 4-0 vote to reappoint Jerry Roucher to the Van Wezel Performing Arts Hall Board. (FTR 2:51) 7. BOARD ACTIONS (AGENDA ITEM III) 1) REPORT RE: NUISANCE ABATEMENT BOARD REPORT CONCERNING LIENS AGAINST REAL PROPERTY LOCATED AT 2938 PERSHING AVENUE (AGENDA ITEM III-1) Chair Linda Holland, Nuisance Abatement Board, and Detective Jeff Steiner, Sarasota Police Department, gave a presentation. A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by 4-0 vote to accept the recommendation of the Nuisance Abatement Board and authorize the City Attorney's office to proceed with the foreclosure of liens placed by the City on 2938 Pershing Avenue pursuant to Nuisance Abatement Board Case No. 04-020 and Nuisance Abatement Board Case No. 01-22. (FTR: 2:59) 8. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) PROPOSAL RE: WAL-MART NEWTOWN SUPER CENTER PROJECT (AGENDA ITEM VI-1) Redevelopment Specialist John Hawthorne, Planning and Redevelopment Department gave the Staff presentation for the Wal-Mart Newtown Super Center Project proposed for the Book 58 Page 30004 12/05/05 2:30 P.M. Book 58 Page 30005 12/05/05 2:30 P.M. Marion Anderson Site, a City-owned brownfield site located at 2046 Dr. Martin Luther King, Jr. Way. Brenda Patten, Land Use Attorney, law firm of Kirk-Pinkerton; Eric Brewer, Manager of Community Affairs for Wal-Mart in Florida; Steve Hutchinson, President, East Coast Development Corporation; Jon Dorman, Engineer, Kimley Horn, Project Manager, David Goldmen, Geologist, Kimley Horn; Michael Goldstein, Environmental Attorney, law firm of Akerman-Senterfitt, gave the Applicant's presentation on behalf of Wal-Mart. The following people spoke: James McKelly was no longer present in the Chambers. Carolyn Mason, representing the Newtown Front Porch Council, emphasizing support for the Wal-Mart project. Charles Reaves representing the Amaryllis Park Homeowners Association, recommending approval of the Wal-Mart project. (FTR: 3:50) Vice Mayor Atkins left the Chambers at 3:48 p.m. and returned at 3:50 p.m. A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 4-0 vote to refer the proposal to Staff for analysis of the remediation for the brownfield site and to refer to the City Attorney for preparation of a contract for the sale of the Marion Anderson Site to Wal-Mart. ( (FTR: 4:08) 9. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) A. Commissioner Palmer reported on the Youth Advisory Board meeting. B. Commissioner Palmer reported on the activities of the Florida League of Cities related to transportation and housing bills pending in the State Legislature. C. Vice Mayor Atkins reported on the Human Relations Board meeting. D. Vice Mayor Atkins reported on the Community Youth Development Organization forum. E. Commissioner Shelin reported on the Sarasota-Manatee Metropolitan Planning Organization meeting. F. Mayor Servian reported on the meeting of the Board of Directors of the Sarasota Housing Authority. (FTR: 4:19) 10. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) A. In response to a comment by Commissioner Shelin regarding concerns with Interlocal Agreements with the County, City Manager McNees stated that the Interlocal Agreement with the County concerning parks and recreation is being reviewed and the results of the review will be presented at the December 14, 2005, Commission workshop. B. In response to a comment by Commissioner Shelin concerning unreliable internet connection by Comcast and the possibility of wiring the entire City for wi-fi, Deputy City Manager V. Peter Schneider stated that the County is in the process of considering an expansion of the existing County Ordinance to allow other providers to provide the service and the suggestion is for the City to consider the outcome of the County's review prior to moving forward. C. In response to a request by Commissioner Shelin to schedule a workshop to consider the comments received at the community conversations he held at USF/New College, Mayor Servian stated that a list of the comments could be forwarded to the Commission and the possibility of scheduling a workshop for the Commission to consider the comments could be considered at a future Commission meeting. A motion was made by Vice Mayor Atkins, seconded by Commissioner Palmer, carried by a 4-0 vote to extend the meeting until the end of Commissioner comments. (FTR: 4:29) D. In response to a suggestion by Commissioner Palmer to postpone the public hearing for the Comprehensive Plan Amendment to allow siting of the Police Station in Payne Park, Mayor Servian noted Commission consensus to postpone the public hearing for the Comprehensive Plan Amendment for the siting of the Police Station. (FTR: 4:38) F. In response to comments by Mayor Servian concerning the property proposed for the Asian Art Museum at 4644 Tamiami Trail, City Attorney Fournier stated that a provision in the agreement for rezoning indicates the Commission can start the process to revert the property back to residential use if the property is not developed as the Asian Art Museum and the agreement is recorded sO any prospective purchaser should be on notice. (FTR: 4:39) G. In response to a question by Mayor Servian concerning a proposal presented by the boxing club for the City-owned property at Fifth Street and Central Avenue, City Manager McNees indicated that the proposer will be contacted to provide a status report. 11. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) A. City Attorney Fournier stated that a hearing was held on the motion by the public defender's office to find the City's no-lodging ordinance unconstitutional; however, the court did not rule from the bench but should be issuing a ruling in the near future. B. City Auditor and Clerk Robinson stated that one response was received to the Request for Proposal for closed captioning sO a contract will be developed and, hopefully, closed captioning will be available for Commission meetings shortly after January 1, 2006. C. City Manager McNees stated that a meeting was held with the County and the Sarasota Housing Authority concerning a redevelopment advisor and a proposed memorandum of understanding between the City, County and Sarasota Housing Authority will be presented hopefully at the January 4, 2005, Regular Commission meeting. D. City Manager McNees stated that a meeting was held with the Florida Department of Transportation (FDOT) concerning the US. 301 expansion project; that the only way to guarantee the project would be funded in the sixth year of the FDOT Capital Improvement Plan would be for the City to find a way to pre-fund the project and be repaid by FDOT in the sixth year. E. In response to a comment by City Manager McNees concerning the Wednesday Farmers' Market, Mayor Servian noted Commission consensus to place an item concerning the Wednesday Farmers' Market on the Agenda of a Regular Commission meeting as soon as possible. (FTR: 4:53) The Commission recessed at 4:53 p.m. and reconvened at 6:00 p.m. Book 58 Page 30006 12/05/05 2:30 P.M. Book 58 Page 30007 12/05/05 2:30 P.M. 12. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: EMPLOYEES OF THE MONTH FOR NOVEMBER 2005, KAREN BURDINE, OCCUPATIONAL LICENSE CODE COMPLIANCE OFFICER AND ANNA FRANCO, OCCUPATIONAL LICENSE TECHNICIAN, BUILDING, ZONING AND CODE COMPLIANCE DEPARTMENT (AGENDA ITEM XII-1) - Presented to Karen Burdine and Anna Franco. 2) PROCLAMATION RE: PROCLAIMING DECEMBER 10, 2005 AS INTERNATIONAL HUMAN RIGHTS DAY (AGENDA ITEM XII-2) Presented to Chair Liz Alpert and Members Lottie Crawford and Manuel Chepote, Human Relations Board. 3) PRESENTATION RE: PLAQUE PRESENTED TO BILL HALLISEY, PUBLIC WORKSIUTILITIES DIRECTOR FROM THE ST. ARMAND'S BUSINESS MPROVEMENT DISTRICT IN APPRECIATION FOR THE ASSISTANCE OF THE PUBLIC WORKS DEPARTMENT FOR THE SUCCESSFUL AND TIMELY COMPLETION OF THE CAPITAL MPROVEMENT PROJECTS ON ST. ARMAND'S CIRCLE (AGENDA ITEM XII-3) - Presented to William Hallisey, Director of Public Works, accepting on behalf of himself and the Staff of the Public Works Department. 13. NON QUASHJUDICIAL PUBLIC HEARING (AGENDA ITEM XIV-A) 1) PUBLIC HEARING RE: 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. (TITLE ONLY) (AGENDA ITEM XIV-A-1) City Attorney Fournier gave a presentation. The following person spoke: Richard Clapp, representing the Indian Beach Sapphire Shores Neighborhood Association regarding the desirability of pet free areas in City parks. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by 4-0 vote to pass proposed Ordinance No. 06-4657 on first reading. (FTR: 6:28) 14. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM XV) The following person spoke: John Oliver, representing skateboarders in Sarasota County regarding skatepark fees and not being able to skateboard anywhere other than the skatepark. (FTR: 6:30) 15. NEW BUSINESS (AGENDA ITEM XVII) 1) APPROVAL RE: SET FOR PUBLIC HEARING 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. (AGENDA ITEM XVII-2) Manager of Traffic Engineering Osama "Sam" Freija gave a presentation. The following people spoke: Randall Giffen and John Dickson regarding restrictions on advertisements on pedicabs. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 4-0 vote to set proposed Ordinance No. 05-4633 for public hearing with information concerning advertising presented to the Commission prior to the public hearing. (FTR: 6:48) 2) APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO 06-4656, AMENDING CHAPTER 36, ARTICLE II, TAXICABS AND OTHER VEHICLES FOR HIRE; ETC. (AGENDA ITEM XVil-1) A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 4-0 vote to authorize advertising proposed Ordinance No. 06-4656 for public hearing at the same time as the public hearing for proposed Ordinance Nos. 06-4664 and 05-4633. (FTR: 6:48) 3) APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 06-4664, INCREASING THE JURISDICTION OF THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INCLUDE APPEALS ARISING OUT OF CHAPTER 36, SARASOTA CITY CODE, ARTICLE II, TAXICABS AND OTHER VEHICLES FOR HIRE AND ARTICLE IV PEDICABS; ETC. (AGENDA ITEM XVII-3) A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 4-0 vote to authorize advertising proposed Ordinance No. 06-4664 for public hearing at the same time as the public hearing for proposed Ordinance Nos. 05-4633 and 06-4656. (FTR: 6:49) 16. ADJOURN (AGENDA ITEM XVIII) Mayor Servian adjourned the meeting at 6:49 p.m. ML ai MARY/ANNE SERVIAM, MAYOR a N CITY AUDITOR AND CLERK Book 58 Page 30008 12/05/05 2:30 P.M.