BOOK 58 Page 29857 06/20/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 20, 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, Deputy City Auditor and Clerk Karen D. McGowan, and City Manager Michael A. McNees ABSENT: City Auditor and Clerk Billy E. Robinson The meeting was called to order by Mayor Servian at 2:30 p.m. INVOCATION: Deputy City Auditor and Clerk McGowan PLEDGE OF ALLEGIANCE: Woody Schiffman, US Army 1966 through 1969 and nominee for Veteran of the Year for Sarasota County 1. CHANGES TO THE ORDERS OF THE DAY Deputy City Auditor and Clerk McGowan presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. IV-A-9, Approval Re: Letter supporting 2006 Energy and Water Development Appropriations, per the request of City Engineer/Director Dennis Daughters. B. Add under Unfinished Business, Item No. VI-2, Presentation Re: Transfer of property located at Tarpon Bend Waterway on Bird Key, per the request of City Engineer/Director Dennis Daughters. C. Add under Unfinished Business, Item No. VI-3, Discussion Re: Schedule for workshops for review of the fiscal year (FY) 2005/06 budget, per the request of Finance Director Gibson Mitchell. A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve the Changes to the Orders of the Day. (FTR 2:32) 2. CITIZENS' INPUT (AGENDA ITEM I) The following person spoke: Carol Kuykendal concerning flooding problems on Hampton Road in her neighborhood. (FTR 2:35) Mayor Servian noted Commission consensus to refer the issue of flooding on Hampton Road to the City Administration and Staff to work with the County Administration and Staff. 3. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted Commission consensus to approve the minutes of the Special Sarasota City Commission Meeting of May 31, 2005, the Regular Sarasota City Commission Meeting of June 6, 2005, the Joint Sarasota City Commission and Historic Preservation Board Meeting of June 7, 2005, and the Special Sarasota City Commission Meeting of June 13, 2005. (FTR 2:36) 4. BOARD ACTIONS (AGENDA ITEM III) 1) REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF MAY 11, 2005 Planning Board/Local Planning Agency (PBLP) Chair Michael Shelton and Director of Planning and Redevelopment Jane Robinson, came before the Commission. Chair Shelton stated that the PBLP voted unanimously at its May 11, 2005, meeting to recommend the Commission approach the County and State and Federal governments to consider locating the National Guard Armory with the National Cemetery, a site for which is currently under review. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to direct the Administration to discuss with Sarasota County moving the National Guard Armory to the site which will be selected for the National Cemetery. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to receive the report of the May 11, 2005, Planning Board/Local Planning Agency meeting. (FTR 2:39) The Commission recessed at 2:39 p.m. into a Special meeting as the Community Redevelopment Agency (CRA) and reconvened at 4:11 p.m. 5. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Commissioner Shelin removed the following item from Consent Agenda No. 1 for discussion: Item IV-A-7, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Memorandum of Understanding between the City of Sarasota, the Board of County Commissioners of Sarasota County Florida, the Board of County Commissioners of Manatee County Florida, New College of Florida ("NCF"), The University of South Florida Sarasota Manatee ("USF"), The Ringling School of Art and Design ("RSAD"), FSU Ringling Center for the Cultural Arts ("FSU"), and The Airport Authority ("Airport") to serve as a leadership organization for the purposes of planning the geographic area known as "the Education and Cultural Corridor" Deputy City Auditor and Clerk McGowan stated that the item will be heard under New Business as Item No. XVII-2 in the evening session. (FTR 4:13) A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to approve Item Nos. 1, 2, 3, 4, 5, 6, 8, and 9 on Consent Agenda No. 1 to: 1) Transfer funds in the amount of $1,000 into Mayor Servian's travel account to attend Florida League of Cities conference in August 2005 BOOK 58 Page 29858 06/20/05 2:30 P.M. BOOK 58 Page 29859 06/20/05 2:30 P.M. 2) Approve award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and Welch Tennis Courts, Inc. for the construction of Seminole Drive Linear Park without the Osprey Avenue Crosswalk Reconstruction in the amount of $316,043.00 3) Authorize the Mayor and City Auditor and Clerk to execute the Traffic Signal Agreement between the City of Sarasota and the Boulevard Investment Group, LLC and Cocoanut Investment Group, LLC for the Portofino City Pointe Project 4) Approve Revision 5 to the Local Housing Assistance Plan (LHAP) for FY 2003-2005; to amend the Impact Fee Program Guidelines to be consistent with the approved LHAP; to amend the Housing Program Policy Guidelines for Persons Recovering from a Substance Dependency to be consistent with the LHAP; and to amend the Public Housing/Home Ownership Program Guidelines to be consistent with the LHAP 5) Approve award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract between the City of Sarasota and the Corradino Group (RFP #04- 62F) for the Newtown Transportation Concurrency Management Area 6) Authorize the Mayor and City Auditor and Clerk to execute the Major Encroachment Agreement between the City of Sarasota and Ringling Museum of Art for lighted crosswalk across Bayshore Road 8) Approve Change Order No. 2 to the 2003 Waterline Replacement Project in the amount of $228,852.31 to accommodate the US 41 resurfacing and St. Armands drainage projects, water system improvements associated with new developments, and replacement of a water main prior to other utility work in the alleyway north of Main Street, west of Lemon Avenue 9) Approve letter supporting 2006 Energy and Water Development Appropriations, per the request of City Engineer/Director Daughters (FTR 4:13) 6. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) Commissioner Bilyeu removed Item IV-B-2, Adoption Re: Second reading of proposed Ordinance No. 04-4573 for discussion. Commissioner Shelin removed Item IV-B-1, Adoption Re: proposed Resolution No. 05R-1838 for discussion. Deputy City Auditor and Clerk McGowan stated that Items IV-B-1 and IV-B-2 will be heard under Unfinished Business as Item Nos. VI-4 and -5 in the afternoon session, time permitting. (FTR 4:13) A motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 5-0 vote to adopt Item Nos. 3 through 9, inclusive on Consent Agenda No. 2 as follows: 3) 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 4) Ordinance No. 05-4611, repealing the City's previous Travel Policy which has been adopted in Ordinance No. 93-3664; adopting the City of Sarasota's current travel policy 5) Ordinance No. 05-4616, to rezone real property located within the southwest quadrant of the intersection of Ringling Boulevard and Links Avenue having a street address of 1858 Ringling Boulevard from the Office, Professional and Business (OPB) Zone District and Residential Multiple Family 4 (RMF-4) Zone District to the Downtown Core (DTC) Zone District (Application No. 05-RE-06, Applicant Donald M. Lawson of Lawson Group Architects, Inc., as agent representing Courthouse Centre of Sarasota, Ltd., as owner) 6) Ordinance No. 05-4618, to rezone a parcel of real property located within the Gillespie Park Neighborhood on the south side of 5th Street east of Osprey Avenue having a street address of 1826 5th Street from the Residential Multiple Family - 3 (RMF-3) Zone District to the Downtown Neighborhood (DTN) Zone District (Application No. 05-RE-09, Applicant Craig Colburn, Esquire, as agent representing Allie ElHage, as contract vendee) 7) Ordinance No. 05-4619, to rezone four parcels of real property located within the Gillespie Park Neighborhood all on 7th Street or 8th Street between Goodrich Avenue and Osprey Avenue having street addresses of 1719 7th Street and 1726, 1732 and 1744 8th Street all to be rezoned from the Residential Multiple Family - 2 (RMF-2) Zone District to the Downtown Neighborhood (DTN) Zone District, (Application No. 05-RE-10, Applicant Craig Colburn, Esquire, as agent representing Thomas Nutten, Lori Greer and Billue Guignard as fee simple owners, or contract vendees) 8) Ordinance No. 05-4620, to rezone five parcels of real property located within the Gillespie Park Neighborhood all on 9th Street between Goodrich Avenue and Orange Avenue having street addresses of 1633, 1645, 1657, 1665 and 1656 9th Street ail to be rezoned from the Residential Multiple Family - 2 (RMF-2) Zone District to the Downtown Neighborhood (DTN) Zone District, (Application No. 05-RE-11, Applicant Craig Colburn, Esquire, as agent representing Thomas Nutten, Shawn Fulker and Billue Guignard as fee simple owners, or contract vendees) 9) Ordinance No. 05-4621, to rezone two parcels of real property located within the Gillespie Park Neighborhood; one such property having a street address of 924 Gillespie Avenue to be rezoned from the Residential Multiple Family - 2 (RMF-2) Zone District to the Downtown Edge (DTE) Zone District; the second such property having a street address of 904 Gillespie Avenue to be rezoned from the Residential Multiple Family - 2 (RMF-2) Zone District to the Downtown Neighborhood (DTN) Zone District, (Application No. 05-RE-08, Applicant Craig Colburn, Esquire, as agent representing Richard Rudloff, Steven Greer and Equity Trust Company, as the fee simple owners) (FTR 4:18) 7. BOARD APPOINTMENTS (AGENDA ITEM V) 1) APPOINTMENT RE: BOARD OF ADJUSTMENT Commissioner Shelin nominated Peter Goldfine. Commissioner Palmer nominated James Frederick. Mr. Goldfine received five votes: Atkins, Bilyeu, Palmer, Servian, and Shelin. Mr. Frederick received five votes: Atkins, Bilyeu, Palmer, Servian, and Shelin. BOOK 58 Page 29860 06/20/05 2:30 P.M. BOOK 58 Page 29861 06/20/05 2:30 P.M. Mayor Servian announced the appointment of Peter Goldfine and James Frederick to the Board of Adjustment. (FTR 4:20) 8. UNFINISHED BUSINESS 1) PRESENTATION RE: OVERVIEW OF THE URBAN ECOSYSTEM ANALYSIS FOR SARASOTA COUNTY (AGENDA ITEM VI-1) Public Works Director William Hallisey and Raymond Kurz, Program Manager, Post Buckley Schuh & Jernigan, Inc., gave a presentation indicating the objectives of the Urban Ecosystem Analysis are to: Quantify changes during the 1970s to 2000s in vegetation in Sarasota County using satellite imagery Assess value of vegetation canopy in urbanized areas with respect to stormwater interception, air quality, and energy savings Develop methods for future evaluations and alternatives A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by 5-0 vote to extend the meeting to finish the Unfinished Business section of the Agenda but to continue no later than 5:00 p.m. (FTR 4:30) In response to a comment made by Commissioner Palmer concerning the County's tree planting program, Public Works Director Hallisey stated that $150,000 of the Local Options Sales Tax (L.O.S.T.) extension, also called the penny sales tax, is devoted to planting trees, trees were recently donated by the State of Florida, and Staff will discuss with the County the availability of funds for trees in the City. (FTR 4:45) The following people spoke: Ellen Maloff concerning the usefulness of the Urban Ecosystem Analysis. (FTR 4:48) A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu and carried by a 5-0 vote to accept the report of the Overview of the Urban Ecosystem Analysis. (FTR 4:49) 2) PRESENTATION RE: TRANSFER OF PROPERTY LOCATED AT TARPON BEN WATERWAY ON BIRD KEY (AGENDA ITEM VI-2) City Engineer/Director Dennis Daughters gave a presentation and stated that Staff recommends approval of the transfer of the property with the condition the owners install a new seawall cap on the entire 160 feet of seawall, including some portion owned by the City and authorize the Mayor and City Auditor and Clerk to execute a quitclaim deed. In response to a question from Commissioner Palmer, Director Daughters stated that an agreement will be executed to ensure proper construction of the seawall will occur. In response to a question from Commissioner Shelin regarding construction on the property, Director Daughters stated that a fence will be installed along the new property line. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to approve of the transfer of the property with the condition the owners install a new seawall cap on the entire 160 feet of seawall, including some portion owned by the City and authorize the Mayor and City Auditor and Clerk to execute a quitclaim deed. (4:59) 3) DISCUSSION RE: SCHEDULE FOR WORKSHOPS FOR REVIEW OF THE FISCAL YEAR (FY) 2005/06 (AGENDA ITEM VI-3) A motion was made by Commissioner Palmer, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to extend the meeting for an additional five minutes to hear Agenda Item VI-3. Mayor Servian noted Commission consensus to reschedule the budget workshops to 1:00 p.m., July 5, 2005 prior to the Regular Commission meeting, July 6 and 7, 2005, beginning at 8:00 a.m., and July 8, 2005, beginning at 8:00 a.m. if necessary. The Commission recessed at 5:10 p.m. and reconvened at 6:00 p.m. 9. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: MAYOR'S CITATION TO MICHAEL GUY, EXECUTIVE DIRECTOR OF THE SARASOTA/MANATEE METROPOLITAN PLANNING ORGANIZATION (MPO), UPON HIS RETIREMENT AFTER 15 YEARS OF SERVICE (FTR 6:07) 2) PRESENTATION RE: PROCLAMATION DESIGNATING THE WEEK OF JUNE 20 THROUGH 26, 2005, AS FLORIDA WOMEN IN GOVERNMENT WEEK IN THE CITY OF SARASOTA - Proclamation received by Gail Loeffler, President; Michelle Mician, Vice President; Toni Welicki, Special Projects Committee; and Karen McGowan, Past President (FTR 6:09) 3) PRESENTATION RE: CERTIFICATE OF APPRECIATION TO ABC 7 FOR CO- SPONSORING THE 2005 JULY 4TH FIREWORKS CELEBRATION WITH THE CITY OF SARASOTA - Presented to Manny Calvo, General Manager (FTR 6:10) 4) ADOPTION RE: MEMORIAL RESOLUTION NO. 05R-1837, RECOGNIZING THE PASSING OF GEORGE PETER RYAN, ACTIVE LEADER OF THE COMMUNITY - A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried 5-0 to adopt Memorial Resolution No. 05R-1837. Memorial Resolution No. 05R-1837 was presented to Carolyn Ryan. (FTR 6:15) 10. NON QUASI-JUDICIAL PUBLIC HEARINGS 1) SECOND 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; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID (AGENDA ITEM XIV-A-1) Following a presentation by City Manager McNees, a motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to adopt proposed Ordinance No. 05-4613 on second reading. (FTR 6:20) BOOK 58 Page 29862 06/20/05 2:30 P.M. BOOK 58 Page 29863 06/20/05 2:30 P.M. 2) PUBLIC HEARING RE: 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 (AGENDA ITEM XIV-A-2) Following a presentation by Manager of Zoning Code Enforcement Beverly Spangler, a motion was made by Commissioner Bilyeu, seconded by Commissioner Shelin, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4626 on first reading. (FTR 6:22) 3) PUBLIC HEARING RE: PROPOSED DEVELOPMENT AGREEMENT EXTENSION APPLICATION NO. 05-DA-01, TO APPROVE A PROPOSED TWO-YEAR EXTENSION TO THE EXISTING CAMPUS DEVELOPMENT AGREEMENT ENTERED INTO JUNE 23, 2000, BETWEEN THE CITY OF SARASOTA AND THE FLORIDA BOARD OF REGENTS FOR NEW COLLEGE OF FLORIDA WITH OFFICES AT 5700 NORTH TAMIAMI TRAIL REFLECTING AND ACCOMMODATING OFF CAMPUS IMPACTS OF DEVELOPMENT ON THE NEW COLLEGE CAMPUS THROUGH DECEMBER 31, 2006; ETC. (APPLICATION NO. 05-DA-01, APPLICANT STEVE PFEIFFER, AS AGENT REPRESENTING NEW COLLEGE OF FLORIDA) (AGENDA ITEM XIV-A-3) A presentation was given by Steve Pfeiffer, General Counsel of New College of Florida regarding a proposed extension of the expiration date to the existing Campus Development Agreement entered into June 23, 2000. In response to a question from Commissioner Shelin, Attorney Pfeiffer stated that the extension is being requested to allow New College of Florida to continue development activities which would have been authorized under the 2000 Campus Development Agreement such as developing more dormitory space but less overall development and an updated Campus Master Plan will be considered. The following people spoke: Richard Clapp, Kafi Benz, and Charles Griggs (FTR 6:38) In response to the concerns raised, Attorney Pfeiffer stated that meetings concerning development plans will be open to the public. (FTR 6:40) A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to approve proposed Development Agreement Extension Application No. 05-DA- 01 to approve a proposed two-year extension to the existing Campus Development Agreement. (FTR 6:41) 11. CITIZENS' INPUT (AGENDA ITEM XV) No one signed up to speak. 12. NEW BUSINESS 1) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARASOTA, THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY FLORIDA, THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY FLORIDA, NEW COLLEGE OF FLORIDA ("NCF"), THE UNIVERSITY OF SOUTH FLORIDA SARASOTA MANATEE ("USF"), THE RINGLING SCHOOL OF ART AND DESIGN ("RSAD"), FSU RINGLING CENTER FOR THE CULTURAL ARTS ("FSU"), AND THE AIRPORT AUTHORITY "AIRPORT") TO SERVE AS A LEADERSHIP ORGANIZATION FOR THE PURPOSES OF PLANNING THE GEOGRAPHIC AREA KNOWN AS "THE EDUCATION AND CULTURAL CORRIDOR" (AGENDA ITEM VII-2) In response to a comment by Commissioner Shelin, City Manager McNees stated that Memorandum of Understanding is for the funding group rather than a stakeholder group, the purpose of the Memorandum of Understanding is to clarify the purpose of the funds, and involvement of the neighborhoods in hiring a consultant and the scope of work is critical. In response to a comment by Commissioner Shelin, Redevelopment Specialist Karin Murphy stated that an Invitation to Negotiate, similar to a Request for Proposal, will be prepared and will include language indicating neighborhood participation is required. A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, to approve execution of the Memorandum of Understanding between the City of Sarasota, the Board of County Commissioners of Sarasota County Florida, the Board of County Commissioners of Manatee County Florida, New College of Florida ("NCF"), The University of South Florida Sarasota Manatee ("USF"), The Ringling School of Art and Design ("RSAD"), FSU Ringling Center for the Cultural Arts ("FSU"), and The Airport Authority ("Airport") to serve as a leadership organization for the purposes of planning the geographic area known as "the Education and Cultural Corridor" with the understanding an Invitation to Negotiate will be developed to include the involvement of neighborhoods in the planning efforts for Education and Cultural Corridor. (FTR 6:54) A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to appoint Mayor Servian and Vice Mayor Atkins as the first and alternate representatives to the leadership committee for the Education and Cultural Corridor. FTR 6:55) 13. UNFINISHED BUSINESS 1) ADOPTION RE: PROPOSED RESOLUTION 05R-1838, ADOPTING A SCHEDULE TO PROCESS AN ADMINISTRATIVE AMENDMENT TO THE COMPREHENSIVE PLAN A/K/A SARASOTA CITY PLAN (1998)] FOR THE SITING OF THE POLICE STATION AS MORE FULLY SPECIFIED HEREIN; AUTHORIZING CITY STAFF TO PROCEED IN ACCORDANCE WITH SAID SCHEDULE (AGENDA ITEM XVI) Following a presentation by Senior Planner David Smith, a motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 3-2 vote, with Commissioners Bilyeu and Shelin voting no to adopt proposed Resolution No. 05R-1838. (FTR 7:03) 2) ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 04-4573, AMENDING THE ZONING CODE TO MAKE CERTAIN TEXT CLARIFIÇATIONS 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 BOOK 58 Page 29864 06/20/05 2:30 P.M. BOOK 58 Page 29865 06/20/05 2:30 P.M. 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; (APPLICATION NO. 04-2TA-02, APPLICANT CITY OF SARASOTA) (AGENDA ITEM XVI-2) A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried 5-0 to adopt proposed Ordinance No. 04-4573 on second reading. (FTR 7:11) 14. NEW BUSINESS 1) DISCUSSION RE: REQUIRING A SECOND NEIGHBORHOOD MEETING FOR DEVELOPMENT APPLICATIONS AGENDA ITEM XVII)-1 The following people spoke: Gretchen Serrie and Richard Clapp Mayor Servian noted Commission consensus for Commissioner Palmer to partner with Ms. Serrie to observe a County pilot program involving additional neighborhood meetings as part of the development review process and report back to the Commission. (FTR 7: 21) The Commission recessed at 7:21 p.m. and reconvened at 7:29 p.m. 15. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM XVII)(FTR 7:29) 16. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM XIX) A. In response to a request by Commissioner Palmer, Mayor Servian noted Commission consensus to review available funds in the Sister Cities travel fund. (FTR 8:03) B. In response to a comment by Vice Mayor Atkins, City Manager McNees stated that anyone who is aware of rights-of-way at which public access is being restricted should notify the Administration for resolution and Mayor Servian noted Commission consensus to refer the issue of public access to Sarasota Bay for fishing to the Parks, Recreation and Environmental Protection Advisory Board. (FTR 8:07) C. In response to a comment by Vice Mayor Atkins regarding concerns of a nearby property owner regarding the vacation of right-of-way at Fredd "Glossie" Atkins Park, City Manager McNees stated that the concerns will be investigated sO a resolution can be reached. D. Mayor Servian noted Commission consensus for City Attorney Fournier to review a promotional letter concerning Everglide Tours. E. In response to a question by Mayor Servian concerning the barrier island planning process and the project on Filmore Drive, City Manager McNees stated that the subject of a Barrier Island Chapter to the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition (City's Comprehensive Plan), and the Filmore Drive project will be discussed during the budget process. F. Commissioner Palmer requested that the Charter Officials provide information concerning the budget impact of the legislation outlined in the Florida League of Cities' 2005 Legislative Session Final Report. 17. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XX) A. City Attorney Fournier stated that he is required to announce in advance the desire to seek advice from the Commission regarding settlement negotiations in any litigation in an out-ol-the-sunshine meeting; that an out-of-sunshine, attorney-client special meeting has been scheduled for Wednesday, June 22, 2005, concerning the cases of Ricardo Rivera versus the City of Sarasota and Mary A. Lisa as Personal Representative of the Estate of Tony Lisa versus the City of Sarasota immediately following the Commission Workshop. B. City Attorney Fournier stated that the Court has ordered the City and Montgomery Roberts Associates to attend a mediation session concerning the title question on the property involved in the Plaza Verdi development, which is the best way to resolve the issue; that the mediation must take place within the next 60 days. (FTR 8:12) C. In response to a comment by Mayor Servian, City Manager McNees stated that he and the Police Chief will arrange for an alternate notification person in the event of police emergencies. (FTR 8:15) 18. ADJOURN (AGENDA ITEM XXI) Mayor Servian adjourned the meeting at 8:16 p.m. Lu Man Seiser MARYANNE SERVIAN/MAYOR ATTEST KAREND. MCGOWAN, DEPOTY CITY AUDITOR AND CLERK 3 BOOK 58 Page 29866 06/20/05 2:30 P.M.