BOOK 58 Page 29837 06/06/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 6, 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: Richard Lewis, Sarasota Police Officer First Class, Veteran of the Viet Nam War 1. CITIZENS' INPUT The following people spoke: John David Fulton concerning the homeless and affordable housing. (FTR 2:34) Carolyn VanHelden, 2nd Vice Regent, Sara De Soto Chapter, National Society Daughters of the American Revolution, concerning the proposed location of the Bidwell-Wood House and Crocker Church in Pioneer Park. (FTR 2:35) 2. CHANGES TO THE ORDERS OF THE DAY City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item No. IV-A-12, Approval Re: Metropolitan Planning Organization Major Transportation Improvement Projects, Congestion Management System, and Transportation Enhancement Projects Prioritization Lists, per the request of Traffic Engineering Manager Sam Freija B. Remove under Commission Presentation, Item XII-6, Adoption Re: Memorial Resolution No. 05R-1837 recognizing the passing of George Peter Ryan, per the request of Mayor Servian C. Remove under New Business, Item No. XVII-2, Discussion Re: Establishment of a Charter Review Board to be convened during the summer of 2005 to consider an elected mayor, per the request of Mayor Servian A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to approve the Changes to the Orders of the Day. (FTR 2:37) 3. APPROVAL OF MINUTES Mayor Servian noted Commission consensus to approve the minutes of the Special Commission Meeting of April 11, 2005, and the Regular Commission Meeting of May 16, 2005. (FTR 2:37) 4. BOARD ACTIONS 1) BOARD ACTION RE: DONATION OF SCULPTURE BY ARTIST STANLEY MARCUS Chair Virginia Hoffman, Public Art Committee, and Chief Planner John Burg came before the Commission. Chair Hoffman gave a presentation concerning accepting from the Fine Arts Society of Sarasota the sculpture "Dance in Color" by artist Stanley Marcus for placement on the grounds of the Van Wezel Performing Arts Hall. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and failed 3-2, with Commissioners Atkins and Palmer and Mayor Servian voting no, to accept the sculpture "Dance in Color" subject to an evaluation by an independent authority of the structural integrity of the artwork. A motion was made by Commissioner Bilyeu, seconded by Commissioner Atkins, and carried by a 5-0 vote to deny accepting the sculpture "Dance in Color" until the artist repairs the sculpture and an additional review by the Public Art Committee. (FTR 2:52) 2) BOARD ACTION RE: DRAFT CALL-TO-ARTISTS Chair Hoffman stated that the Public Art Committee recommends conducting a national call- to-artists for a public art project for the Federal Building courtyard area with a not-to-exceed $100,000 budget. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to conduct a national call-to-artists for a public art project for the Federal Building courtyard area with a not-to-exceed $70,000 budget. (FTR 3:05) 3) BOARD ACTION RE: PUBLIC ART PROCESS FOR LEASEHOLDS Chief Planner Burg presented Staff's recommendations for art on public property as follows: 1. Referral of short-term leases which include public art proposals from organizations which have not established a policy framework for the proposed exhibit to the Public Art Committee for review and recommendations to the Commission. 2. Review, execution and monitoring of short-term leases with public art which have an established policy framework such as Sarasota Season of Sculpture and the Florida Holocaust Museum by the Administration. 3. No change in the administration of long-term leaseholds which include public art; however, in the event the Commission desires to have review of public art by the Public Art Committee, an appeal process to the Commission is included. A motion was made by Commissioner Shelin to have art being placed on City leaseholds and art in short-term shows reviewed by the Public Art Committee. In response to a request for clarification from City Attorney Fournier, Commissioner Shelin stated that the right of appeal to the Commission is not included in the motion. Motion died for lack of a second. A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and failed by a 3-2 vote, with Commissioner Palmer, Vice Mayor Atkins, and Mayor Servian voting no, to have the Public Art Committee review public art on public leaseholds including those with an established policy framework as well as new long-term leaseholds with a right of appeal to the Commission. BOOK 58 Page 29838 06/06/05 2:30 P.M. BOOK 58 Page 29839 06/06/05 2:30 P.M. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 4-1 vote, with Commissioner Shelin voting no, to accept Staff's recommendation with the change with a change in Staff Recommendation No. 3 to require review of public art in new long-term leaseholds by the Public Art Committee with an appeal process to the Commission. A motion was made by Vice Mayor Atkins, seconded by Commissioner Palmer, and carried by a 5-0 vote to accept the report of the Public Art Committee's regular meeting of April 13, 2005. (FTR 3:22) 5. CONSENT AGENDA NO. 1 Vice Mayor Atkins removed the following items from Consent Agenda No. 1 for discussion: A. Item No. IV-A-7, Denial Re: Reconsideration of proposal of the Jet Ski Operation at Lido Beach Resort to consider leasing to the Lido Beach Resort, a location north of the resort to operate a jet ski rental on the public beach, with the elimination of the current special exception, an agreement which would give the City an out if appropriate, and a $2,000 monthly fee which may change B. Item No. IV-A-12, Approval Re: Metropolitan Planning Organization Major Transportation Improvement Projects, Congestion Management System, and Transportation Enhancement Projects Prioritization Lists (FTR 2:41) City Auditor and Clerk Robinson stated that the items will be heard as Unfinished Business, Item Nos. VI-5 and -6. (FTR 3:23) A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to approve Item Nos. 1 through 6, 8, 9, 10, and 11, on Consent Agenda No. 1 to: 1) Set for public hearing proposed Ordinance No. 05-4626, amending Chapter 19 of the Sarasota City Code, Licenses, by adjusting the Occupational License fees for engaging or managing businesses, professions or occupations within the City 2) Approve Change Order #1, RFP 03-64E: Agreement for Information Kiosk Consultant Services to Logic Pros, LLC. for the design, installation, and implementation of touch screen kiosks 3) Approve Change Order No. 1, To contract with Lovin Construction for textured crosswalks at 15+h Street and Central Avenue, 16th Street and Central Avenue, and Dr. Martin Luther King Jr. Way and Central Avenue for a total cost of $24,152.25 4) Authorize the Mayor and City Auditor and Clerk to execute the Second and final Extension of Agreement for Grants Consulting Services between the City of Sarasota and Angie Brewer & Associates (RFP #03-22M) Summit Professional Services, Inc. for term of June 19, 2005 through June 18, 2006 5) Authorize the Mayor and City Auditor and Clerk to execute the Second and final Extension of Agreement for Grants Consulting Services between the City of Sarasota and Summit Professional Services, Inc. for term of July 8, 2005 through July 7, 2006 6) Authorize the Neighborhood Partnership Office to use $9,790 from the Neighborhood Grant Program to fund the costs of Scholarships to the Asset-Based Community Development Training Institute in Chicago, July 28-30, 2005 8) Amend the Temporary Parking Agreement between BCBE and the City of Sarasota to add a termination clause 9) Approve Execution of two Interlocal Agreements between Sarasota County, City of Sarasota and City- of Venice setting- forth a distribution-formula for dividing the proceeds of the Local Option Gas Tax among the County and all eligible municipalities within, based on population figures to be reviewed annually, then upon execution, filed with the State Department of Revenue by July 1, 2005 10) Authorize the Mayor and City Auditor and Clerk to execute the First Amendment to Lease Agreement between the City of Sarasota and Mayor's Drug Free Communities Committee, Inc. and authorize the Administration to prepare an RFP soliciting proposals for not-for-profit entities to utilize the facility while providing community services 11) Award a formal contract to Road Runner Highway Signs, Inc. for completion of work specified in the amount not to exceed $331,462.00 and authorize the Mayor and City Auditor and Clerk to execute (FTR 3:24) 6. CONSENT AGENDA NO. 2 Commissioner Bilyeu removed the following item from Consent Agenda No. 2 for discussion: A. Item IV-B-3, Adoption Re: Second reading of proposed Ordinance No. 05-4606, amending the Zoning Code (2002 Ed.) to revise the regulations applicable to the Downtown Residential Overlay District (DROD) which allows potential dwelling unit density increases of up to 200 units per acre for residential multi-family developments within the Downtown Residential Overlay District (DROD) while retaining a maximum dwelling unit density of 50 units per acre for the entire Overlay District by increasing the amount of required contributions to the City of Sarasota Affordable Housing Trust Fund and providing for additional requirements applicable to development projects approved for increased density within the Overlay District (FTR 3:24) City Auditor and Clerk Robinson stated that the item will be heard as Unfinished Business, Item No. VI-7. (FTR 3:24) A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 5-0 vote to adopt Item Nos. 1, 2, 4 and 5 on Consent Agenda No. 2 as follows: 1) Adoption Re: Second reading of proposed Ordinance No. 04-4552, amending Chapter 2, Article V, Division 5 relating to Code Enforcement, to rename Code Enforcement as Code Compliance; to rename Code Enforcement Special Master as Code Compliance Magistrate; to amend Sections 2-306 through 2-320 to conform thereto and to clarify and simplify the Code Compliance Enforcement Process; amending Section 2-321 pertaining to the Schedule of Civil Penalties 2) Adoption Re: Second reading of proposed Ordinance No. 05-4597, amending rezone Ordinance No. 02-4385 which rezoned certain real property from the Multiple Family Residential-3 (RMF-3) Zone District to the Commercial Central Business District (C- CBD) Zone District to allow an office building generally located on the southeast corner of Fruitville Road and Wallace Avenue (2062 Fruitville Road and 220 Wallace Avenue) as more particularly described herein; approving Site Plan 05-SP-01 which has been proffered as a condition of this rezone ordinance amendment; providing for conditions of this rezone ordinance amendment BOOK 58 Page 29840 06/06/05 2:30 P.M. BOOK 58 Page 29841 06/06/05 2:30 P.M. 4) Adoption Re: Second reading of proposed Ordinance No. 05-4615, providing for the designation of the structure located at 100 Ogden Street, historically known as the Revere Quality House as a structure of historic significance pursuant to the Historic Designation Regulations of the City of found in Article IV, Division 8 of the Zoning Code (2002 Edition) 5) Adoption Re: Proposed Resolution No. 05R-1840, rescinding Resolution No. 04R- 1812, requesting conveyance of real property from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (FTR 3:28) 6. UNFINISHED BUSINESS 1) APPEAL RE: COMPREHENSIVE PLAN ADMINISTRATIVE NTERPRETATION REGARDING THE USE OF PIONEER PARK FOR HISTORIC ACTIVITIES Director of Planning and Redevelopment Jane Robinson, Attorney Stephen Rees, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, John Cook representing the Sarasota County Historical Society, and Don Lawson of Lawson Group Architects, came before the Commission. Following a presentation by Attorney Stephen Rees and Director of Planning and Redevelopment Robinson, a motion was made by Commissioner Bilyeu, seconded by Commissioner Palmer, and carried by a 5-0 vote to reverse the determination of Staff finding the use of Pioneer Park for historic activities is not consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan). Following a request for clarification from City Manager McNees, Mayor Servian noted Commission consensus to place an item of a future Agenda to discuss allowing historical preservation uses in City parks and the appeal process of findings of consistency with the City's Comprehensive Plan. (FTR 4:13) 2) PRESENTATION RE: PROPOSED BALLOT LANGUAGE FOR GENERAL OBLIGATION BOND REFERENDUM TO PAY FOR THE CONSTRUCTION OF A NEW PUBLIC SAFETY BUILDING, INCLUDING EQUIPMENT, FURNISHINGS AND PARKING, TO SERVE AS THE HEADQUARTERS FOR THE CITY OF SARASOTA POLICE DEPARTMENT Following a presentation by City Manager McNees, Mayor Servian noted consensus to postpone further discussion until the August 1, 2005, Regular Commission meeting. (FTR 4:24) A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to extend the afternoon session to complete Unfinished Business. (FTR 4:25) 3) APPROVAL RE: AUTHORIZE STAFF TO COMPLETE NEGOTIATIONS WITH FLORIDA POWER & LIGHT COMPANY (FPL) FOR THE SALE OF CITY OWNED PROPERTY ON 12H STREET AND BEGIN NEGOTIATIONS FOR THE LICENSE AGREEMENTS FOR ACCESS TO FPL PROPERTY ON THE BAYFRONT Following a presentation by Public Works Director William Hallisey and Mel Klein, External Affairs Manager, Florida Power and Light, a motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to authorize Staff to complete the negotiations with Florida Power and Light for the sale of City-owned property on 12th Street and begin negotiations for the license agreement for access to Florida Power and Light property on the Bayfront as a separate agreement. (FTR 4:30) 4) PRESENTATION RE: MAIN_STREET TREE DESIGN AND LOCATIONS-REPORT Public Works Director William Hallisey, Deputy Director of Public Works Todd Kucharski, and Manager of Public Works Technical Services Dale Haas came before the Commission. Deputy Director Kucharski gave a presentation indicating two options as follows: 1. Base Project Installation of five tree pods and three additional trees at a cost of $136,250 and requiring eight weeks of construction 2. Additive Option "A" - Install four additional trees in existing planting areas at a cost of $156,250 and requiring eight weeks of construction A motion was made by Commissioner Palmer to approve the Base Project and to work with stakeholders to determine the best time for the project to commence. Motion died due to lack of a second. Mayor Servian noted Commission consensus to place the project on hold until another parking garage is on line. (FTR 4:45) 5) DENIAL RE: RECONSIDERATION OF PROPOSAL OF THE JET SKI OPERATION AT LIDO BEACH RESORT TO CONSIDER LEASING TO THE LIDO BEACH RESORT, A LOCATION NORTH OF THE RESORT TO OPERATE A JET SKI RENTAL ON THE PUBLIC BEACH, WITH THE ELIMINATION OF THE CURRENT SPECIAL EXCEPTION, AN AGREEMENT WHICH WOULD GIVE THE CITY AN OUT IF APPROPRIATE, AND A $2,000 MONTHLY FEE WHICH MAY CHANGE A motion was made by Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 5-0 vote to deny reconsideration of the proposal of the Jet Ski Operation at Lido Beach Resort to consider leasing a location north of the resort to operate a jet ski rental on the public beach. (FTR 4:47) 6) APPROVAL RE: APPROVAL RE: METROPOLITAN PLANNING ORGANIZATION MAJOR TRANSPORTATION IMPROVEMENT PROJECTS, CONGESTION MANAGEMENT SYSTEM, AND TRANSPORTATION ENHANCEMENT PROJECTS PRIORITIZATION LISTS A motion was made by Vice Mayor Atkins, seconded by Commissioner Palmer, and carried by a 5-0 vote to move forward with Staff's recommendation to approve the Congestion Management System, Transportation Improvement Projects, and the Transportation Enhancement Projects and pursue funding for the Sarasota/Manatee Metropolitan Planning Organization for the Prioritized Projects. (FTR 4:52) 7) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 05-4606, AMENDING THE ZONING CODE (2002 ED.) TO REVISE THE REGULATIONS APPLICABLE TO THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT (DROD) WHICH ALLOWS POTENTIAL DWELLING UNIT DENSITY INCREASES OF UP TO 200 UNITS PER ACRE FOR RESIDENTIAL MULTI-FAMILY DEVELOPMENTS WITHIN THE DOWNTOWN RESIDENTIAL OVERLAY DISTRICT (DROD) WHILE RETAINING A MAXIMUM DWELLING UNIT DENSITY OF 50 UNITS PER ACRE FOR THE ENTIRE OVERLAY DISTRICT BY INCREASING THE AMOUNT OF REQUIRED CONTRIBUTIONS TO THE CITY OF SARASOTA AFFORDABLE HOUSING TRUST FUND AND PROVIDING FOR ADDITIONAL REQUIREMENTS APPLICABLE TO BOOK 58 Page 29842 06/06/05 2:30 P.M. BOOK 58 Page 29843 06/06/05 2:30 P.M. DEVELOPMENT PROJECTS APPROVED FOR INCREASED DENSITY WITHIN THE OVERLAY DISTRICT. A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 4-1 vote, with Commissioner Bilyeu voting no, to adopt proposed Ordinance No. 05-4606 on second reading with the modifications made by the City Attorney subsequent to the first reading. (FTR 4:56) The Commission recessed at 4:56 p.m. and reconvened at 6:00 p.m. 7. COMMISSION PRESENTATIONS 1) PRESENTATION RE: EMPLOYEE OF THE MONTH OF MAY 2005 - CATHERINE PAGANO, HUMAN RESOURCES TECHNICIAN (FTR 6:07) 2) PRESENTATION RE: MAYOR'S CITATION TO GIBSON MITCHELL, DIRECTOR OF FINANCE, UPON HIS ELECTION AS PRESIDENT OF THE FLORIDA GOVERNMENT FINANCE OFFICERS ASSOCIATION (FTR 6:10) 3) PRESENTATION RE: MAYOR'S CITATION TO WILLIAM HALLISEY, DIRECTOR OF PUBLIC WORKS, UPON HIS ELECTION AS PRESIDENT OF THE FLORIDA AMERICAN PUBLIC WORKS ASSOCIATION (FTR 6:13) 4) PRESENTATION RE: PROCLAMATION FOR WILLIAM G. AND MARIE SELBY FOUNDATION 50TH ANNIVERSARY PRESENTED TO DEBRA JACOBS, PRESIDENT AND CEO, WILLIAM G. AND MARIE SELBY FOUNDATION (FTR 6:19) 5) PRESENTATION RE: MAYOR'S CITATION TO SARASOTA LODGE NO. 147 F.&A.M. IN CELEBRATION OF ITS CENTENNIAL REPRESENTING 100 YEARS OF FREEMASONRY IN THE CITY OF SARASOTA - PRESENTED TO FRANK ALBINSON, WORSHIPFUL MASTER AND GERALD GOACHER, LODGE INSTRUCTOR (FTR 6:23) 8. SCHEDULED PRESENTATIONS 1) PRESENTATION RE: PROPOSED DEVELOPMENT OF THE FILLMORE DRIVE PARKING LOT ON ST. ARMANDS A presentation was made by Manuel Chepote, President, St. Armands Residents Association, Jim Grace, Board Member and Development Committee, St. Armands Residents Association, Rebecca Anderson, Secretary, St. Armands Residents Association, Circle merchant and property owner, Sandy Bower, Board Member, Lido Key Residents Association, William Rex, Treasurer and Development Committee, St. Armands Residents Association. (FTR 6:40) 9. NON QUASH-JUDICIAL PUBLIC HEARINGS 1) PUBLIC HEARING RE: THE CITY OF SARASOTA IS ELIGIBLE TO RECEIVE $64,220.00 FROM THE BUREAU OF JUSTICE THROUGH THE JUSTICE ASSISTANCE GRANT PROGRAM (JAG) WHICH IS A COMBINATION OF THE OLD BYRNE GRANT AND LOCAL LAW ENFORCEMENT BLOCK GRANT Following a presentation by Lieutenant Lucias Bonner, Jr., a motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to approve receipt of the Bureau of-Justice Assistance Grant. (FTR 6:43) 2) FIRST PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4613, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A Following a presentation by- Finance Director- Gibson Mitchell, a-motion was made by Vice- Mayor Atkins, seconded by Commissioner Shelin, and carried by a 5-0. vote to pass proposed Ordinance No. 05-4613 on first reading. (FTR 6:49) 3) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4609, AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 4, GENERAL EMPLOYEES, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA; AMENDING SECTION 24-104, OPTIONAL FORMS OF PENSION Following a presentation by Pension Administrator Benita Saldutti, a motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4609 on first reading (FTR 6:51) 4) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4611, REPEALING THE CITY'S PREVIOUS TRAVEL POLICY WHICH HAS BEEN ADOPTED IN ORDINANCE NO. 93-3664 AND ADOPTING THE CITY OF SARASOTA'S CURRENT TRAVEL POLICY Following a presentation by Finance Director Gibson Mitchell and General Services Director Nancy Carolan, a motion was made by Commissioner Bilyeu, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4611 on first reading. (FTR 6:55) 5) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4573, AMENDING THE ZONING CODE TO MAKE CERTAIN TEXT CLARIFICATIONS AND TO CORRECT "SCRIVENER'S ERRORS" AS MORE FULLY SPECIFIED HEREIN; TO REQUIRE THE BOARD OF ADJUSTMENT TO MAKE A DETERMINATION AS TO THE "AGGRIEVED PERSON" STATUS OF ANYONE FILING AN ADMINISTRATIVE APPEAL; TO PROVIDE THAT FENCES IN THE FIRST LAYER OF A LOT IN THE RSM-9 ZONE DISTRICT SHALL NOT EXCEED FOUR FEET IN HEIGHT; TO ADD A DEFINITION OF "EXTERIOR WORK ACTIVITIES;" TO PROVIDE THAT THE BOARD OF ADJUSTMENT SHALL NOT HAVE AUTHORITY TO GRANT VARIANCES FROM MAXIMUM RESIDENTIAL DENSITY, BUILDING HEIGHT AND FLOOR AREA RATIO LIMITATIONS; TO PROVIDE THAT APPLICATIONS FOR COMPREHENSIVE PLAN AMENDMENTS SHALL NO LONGER BE SUBJECT TO REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE; TO PROVIDE THAT THE CITY AUDITOR AND CLERK MAY REQUIRE A DEPOSIT IN EXCESS OF 50 PERCENT OF THE INITIAL FEE FROM APPLICANTS FOR DEVELOPMENT APPROVAL; TO PROVIDE THAT THE DEVELOPMENT REVIEW COMMITTEE MAY REVIEW ADMINISTRATIVE SITE PLANS IF REQUESTED; TO REDUCE THE OFF STREET LOADING REQUIREMENTS FOR DEVELOPMENT LOCATED OUTSIDE THE DOWNTOWN ZONE DISTRICTS TO BE CONSISTENT WITH THE STANDARDS WITHIN THE DOWNTOWN ZONE DISTRICTS. Following a presentation by Deputy Director Mike Taylor and Senior Planner Gretchen Schneider, a motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to pass proposed Ordinance No. 04-4573 on first reading. (FTR 6:59) 10. CITIZENS' INPUT The following person spoke: BOOK 58 Page 29844 06/06/05 2:30 P.M. BOOK 58 Page 29845 06/06/05 2:30 P.M. R.K. Mattern concerning advertising public meetings and the lack of sidewalks and bike paths at Payne Park. (FTR 7:05) The Commission recessed at 7:05 p.m. and reconvened at 7:15 p.m. Mayor Servian recognized the Boy Scout Troop 103 of Incarnation Church present in the Chambers audience. 11. NEW BUSINESS 1) APPROVAL RE: PROPOSED PEDICAB BUSINESS WITHIN THE DOWNTOWN CORE A presentation was given by Traffic Engineering Manager Sam Freija. The following people spoke: Randall Giffen, Tony Sousa, and John Matthews concerning the use of pedicabs. (FTR 7:35) A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote, to: 1) approve the concept of pedicab business; and 2) direct Staff to develop more detailed information for the Commission to decide on type of control. (FTR 7:36) 2) DISCUSSION RE: ADDING ADDITIONAL MEMBERS TO THE PLANNING BOARD/LOCAL PLANNING AGENCY AND OF CHANGING THE COMPOSITION OF OTHER CITY ADVISORY BOARDS Mayor Servian noted Commission consensus to place an item for discussion concerning the organization of the Community. Redevelopment Agency on a future Agenda of the Community Redevelopment Agency. Mayor Servian noted Commission consensus not to expand the membership of the Planning Board/Local Planning Agency (PBLP). In response to a request by Mayor Servian to discuss splitting the Parks, Recreation and Environmental Protection Advisory Board into two separate entities, City Auditor and Clerk Robinson stated that an item will be placed on the Agenda of the June 15, 2005, Joint meeting with the Parks, Recreation and Environmental Protection Advisory Board. (FTR 7:58) 12. COMMISSION BOARD AND COMMITTEE REPORTS (FTR 8:12) 13. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA A. In response to a comment by Vice Mayor Atkins concerning the repair work of the underground utility at the Orange Avenue railroad crossing, City Manager McNees stated that the repair was not of City water or sewer utility lines and the problem will be investigated. B: In response to a comment by Vice Mayor Atkins concerning the all-night availability of the restrooms at Dr. Martin Luther King, Jr. Park, City Manager McNees stated that the problem of excess availability will be resolved. C. In response to a comment by Vice Mayor Atkins concerning definition of the park area by the installation of a hedge and bench for the bus stop at the parking area for Dr. Martin Luther King, Jr. Park across Cocoanut Avenue, City Manager McNees indicated that a review would be conducted. D. Commissioner Palmer stated that the County has a pilot program involving the development community and neighborhoods which has resulted in an additional neighborhood meeting, one at the time a concept plan is presented and a second after Staff review, and that a discussion item concerning the concept will be placed on the Agenda of the June 20, 2005, Regular Commission meeting. E. In response to a comment by Commissioner Palmer, Mayor Servian noted Commission consensus for Economics Research Associates to consider income qualifications and owner occupancy requirements for occupants of bonus units in the Downtown Residential Overlay District along with a concern income qualifications may result in an increased cost of other units. F. In response to a request by Mayor Servian for Commission consensus for the Administration to investigate the possibility of acquiring sites to support parking Downtown, City Manager McNees stated that the Commission's interest is pleasing and Staff's current effort will be intensified immediately. 14. OTHER MATTERS/ADMINISTRATIVE OFFICERS A. In response to a request by City Attorney Fournier concerning the scheduling of the required public hearings for the rezonings in the Downtown Zone Districts, Mayor Servian noted Commission consensus to schedule the second public hearing the first week of August 2005. (FTR 8:31) 15. ADJOURN Mayor Servian adjourned the meeting at 8:32 p.m. 1 ai ima MARANNE SERVIAN/MAYOR ATTEST. % atu CANE 6 BILLY E., BOBINSON CITY AUDITOR AND CLERK @ BOOK 58 Page 29846 06/06/05 2:30 P.M.