BOOK 58 Page 29887 08/01/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF AUGUST 1, 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: Lelia Taylor, Retired, Sergeant First Class, US Army, Commander, Disabled American Veterans Post No. 97, and Chaplain, Sarasota County Veterans Commission 1. CHANGES TO THE ORDERS OF THE DAY City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Move Consent Agenda No. 2, Item No. IV-B-1 concerning proposed Resolution No. 05R-1844, amending the Billable Fee Schedule for development review activities to Unfinished Business, as tem No. VI-4, per the request of Deputy Planning and Redevelopment Director Michael Taylor. B. Add Unfinished Business, Item No. VI-5, Direction Re: Report and Request for Commission direction regarding potential acquisition of property adjacent to Water Tower Park, per the request of City Manager McNees. Mayor Servian noted Commission consensus to approve the Changes to the Orders of the Day. (FTR 2:34) 2. CITIZENS' INPUT (AGENDA ITEM I) The following people spoke: Charles Senf, concerning City possible cuts to retiree benefits Stan Zimmerman, to thank Staff for immediate action on correcting safety issues on School Avenue near Payne Park and extending an invitation to the Commission and Staff to a neighborhood ice cream social on August 25, 2005, at 7:00 p.m. (FTR 2:42) Mayor Servian recognized Supervisor of Elections Kathy Dent and Town Manager of Longboat Key Bruce St. Dennis present in the Chambers audience. 3. APPROVAL OF MINUTES (AGENDA ITEM II) Mayor Servian noted consensus to approve the Minutes of the Regular Sarasota City Commission meeting of July 5, 2005 and the Emergency Sarasota City Commission meeting of July 9, 2005. (FTR 2:44) 4. BOARD ACTIONS (AGENDA ITEM IlI) 1) REPORT RE: PUBLIC ART COMMITTEE REGULAR MEETING OF JUNE 8, 2005. Public Art Committee Chair Virginia Hoffman presented the following items from the June 8, 2005, meeting: The sculpture "Samurai" The Public Art Committee voted unanimously to recommend to the Commission to relocate the sculpture "Samurai" by artist Bruce White from Five Points Park to the plinth at the Sarasota County Transportation Authority (SCAT) bus transfer station. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to relocate the sculpture "Samurai" by artist Bruce White from Five Points Park to the plinth at the Sarasota County Transportation Authority (SCAT) bus transfer station. (FTR 2:47) In response to a question by Commissioner Palmer concerning the "Life is a Balance" sculpture located on private property at the Courthouse Centre, Chief Planner John Burg stated that the developer offered to donate the sculpture to the City; however, Staff's recommendation with the concurrence of the Public Art Committee was not to accept the offer as the City would be responsible for maintenance of the sculpture. In response to a question from Mayor Servian, Chief Planner Burg stated that a year's extension was granted for placement of public art at the Five Points Plaza project due to the possibility of combining Ersa Grae's contribution of public art for the Plaza Verdi project; that the developer of the Five Points Plaza has contributed 115 percent of the required contribution into an escrow account. Mayor Servian noted Commission consensus to direct City Attorney Fournier to review if the date should be accelerated in the event the Plaza Verdi project does not proceed. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to accept the report of the Public Art Committee. (FTR 2:50) 2) REPORT RE: BOARD REPORT FOR THE BOBBY JONES GOLF COMPLEX ADVISORY BOARD Bobby Jones Golf Complex Advisory Board Chair Linda Talbot and Bobby Jones Golf Complex (BJGC) Manager Ray Grady gave an update of the activities of the Bobby Jones Golf Complex Advisory Board. In response to a question from Mayor Servian, City Auditor and Clerk Robinson stated that a letter has been sent to members of the Bobby Jones Golf Complex Advisory Board with poor attendance indicating further absences will result in being removed from the Board. Mayor Servian stated that one of the Commissioners should attend the August 18, 2005, Bobby Jones Golf Complex Advisory Board at which time the future use of the Executive Golf Course will be discussed; that she is the liaison but will not be able to attend. (FTR 2:55) BOOK 58 Page 29888 08/01/05 2:30 P.M. BOOK 58 Page 29889 08/01/05 2:30 P.M. In response to a question by Commissioner Shelin concerning action regarding mandatory golf cart usage, Chair Talbot stated that making golf cart usage mandatory is an operational issue for Staff's decision. In response to a question by Commissioner Bilyeu regarding private golf cart usage on public streets, BJGC Manager Grady stated that disallowing private carts is being recommended due to liability to the City and Deputy City Manager V. Peter Schneider stated that the Administration will research the issue of private golf cart usage and report back to the Commission. (FTR 3:01) In response to a question by Mayor Servian, BJGC Manager Grady stated that the number of annual fee holders in fiscal year (FY) 2003/04 was 351; that the number in FY 2004/05 was 281; that approximately 60 to 70 is the annual attrition rate. (FTR 3:05) A motion was made by Commissioner Shelin, seconded by Commissioner Bilyeu, and carried by a 5-0 vote to receive the report of the Bobby Jones Golf Complex Advisory Board. (FTR 3:06) 5. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) Commissioner Palmer removed the following items from Consent Agenda No. 1 for discussion: Item IV-A-7, Approval Re: Set for Public Hearing proposed Ordinance No. 05-4638, changes to the City's Sewer Impact Fees; etc. Item IV-A-5, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Engineer of Record for engineer and hydrogeologist services with Leggette, Brashears & Graham, Inc. City Auditor and Clerk Robinson stated that the items will be heard under New Business as Item Nos. XVII-1 and 2 in the afternoon session. (FTR 3:07) A motion was made by Commissioner Vice Mayor Atkins, seconded by Commissioner Shelin, and carried by a 5-0 vote to approve Item Nos. 2, 3, 4, 6, 7, 8, 9, and 10 on Consent Agenda No. 1 to: 2) Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre-Annexation Agreement for GoodHomes of Manasota, Inc. (FTR 2:46) 3) Authorize the Mayor and City Auditor and Clerk to execute the Economic Development Initiative (EDI) Special Project Grant for Fredd "Glossie" Atkins Park Expansion 4) Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Engineer of Record for engineer and hydrogeologist services with Leggette, Brashears & Graham, Inc. 6) Approve Third Amendment to the Interlocal Agreement between Sarasota County and the City of Sarasota regarding Design and Construction Management Services for the St. Armands Drainage Improvement Project 7) Authorize the Mayor and City Auditor and Clerk to execute a Quit Claim Deed for the existing drainage easement relocation at 137 South Polk Drive 8) Authorize the Mayor and City Auditor and Clerk to execute the Water Interconnection Interlocal Agreement between the City of Sarasota and the Town of Longboat Key for emergency interconnection and possibly bulk sale of potable water 9) Approve the Budget Transfer Request for Emergency Appropriation for Stadium Field Renovation 10) Approve the Settlement in lawsuit of Mary A. Lisa, as Personal Representative of the Estate of Tony Lisa V. City of Sarasota filed in the Circuit Court in and for Sarasota County, Florida (FTR ) 3:06 6. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to adopt Item Nos. 2 and 3 on Consent Agenda No. 2 as follows: 2) Proposed Ordinance No. 05-4605, to vacate that certain portion of the platted, unimproved 15 foot wide alley running from North to South through block H, Epstein Addition to Newtown Commencing at its intersection with the South right of way line of Dr. Martin Luther King, Jr. Way (Platted as Lincoln Avenue) Southward for approximately 240 feet to the extensions of the South boundary lines of lots 7 and 8, Block H, Epstein Addition to Newtown, bounded on the West by lots 1, 3, 5, and 7 and bounded on the East by lots 2, 4, 6 and 8, said Block H, less and except the Northerly 10 feet of said platted alley which is now incorporated into the Dr. Martin Luther King Jr. Way right of way (Application No. 05-SV-06, Applicant City of Sarasota) 3) Proposed Ordinance No. 05-4623, to rezone two parcels of real property located in the southwest quadrant of the intersection of Cunliff Lane and South Osprey Avenue having street addresses of 1794 Cunliff Lane and 2516 South Osprey Avenue to be rezoned from the Residential Single Family-1 (RSF-1) Zone District to the Residential Single Family-2 (RSF-2) Zone District (Application No. 05-RE-16, John K. Shamsey, Esquire, as agent representing John P. Mishos and Lori K. Mishos, husband and wife, as fee simple owners) (FTR 3:10) In response to a question from Commissioner Bilyeu, concerning the public hearing regarding proposed Ordinance No. 05-4639 under Agenda Item XIV-A-1, City Auditor and Clerk Robinson stated that a proposed appropriation for $4.5 million from the Workers' Compensation self insurance fund for the purchase of property for a parking garage on Orange Avenue can be cancelled between the two public hearings if the Orange Avenue purchase does not move forward. (FTR 3:11) 7. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) CONTINUED PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4563, TO CONDITIONALLY VACATE A CERTAIN PLATTED BUT UNIMPROVED 15 FOOT WIDE RIGHT OF WAY LOCATED EASTERLY OF THE INTERSECTION OF PALMETTO LANE AND WHITAKERS LANE, BOUNDED ON THE SOUTH BY LOTS 21 AND 22, AND BOUNDED ON THE NORTH BY LOTS 23 AND 24, TAHITI PARK, PLAT BOOK 4, PAGE 88, LOCATED BETWEEN 1700 PALMETTO LANE AND 1728 PALMETTO LANE (APPLICATION NO. 04-SV-03, APPLICANT JAMES E. TOALE, ESQUIRE, AS AGENT REPRESENTING WHITAKER VIEWS, LLC., A FLORIDA LIMITED LIABILITY COMPANY, AS FEE SIMPLE OWNER) (AGENDA ITEM VI-1-A) AND BOOK 58 Page 29890 08/01/05 2:30 P.M. BOOK 58 Page 29891 08/01/05 2:30 P.M. CONTINUED PUBLIC HEARING RE: FINAL SUBDIVISION PLAT SUBMITTED WITH APPLICATION NO. 04-SUB-02 DEPICTING A FOUR LOT SINGLE FAMILY SUBDIVISION TO BE KNOWN AS WHITAKER VIEWS LOCATED ON PROPERTY IN THE RESIDENTIAL SINGLE FAMILY - 1 (RSF-1) ZONE DISTRICT; SETTING FORTH CONDITIONS OF THE PLANNING BOARD'S RECOMMENDATION: (APPLICATION NO. 04-SUB-02, APPLICANT JAMES E. TOALE, ESQUIRE, AS AGENT REPRESENTING PAUL EISENBARTH AND WHITAKER VIEWS, LLC, AS FEE SIMPLE OWNERS) (AGENDA ITEM VI-1-B) Commissioner Palmer stated that she was not in attendance at the July 5, 2005, Regular Commission meeting at the time the item was previously presented; however, she has reviewed the videotape and is familiar with the issues. (FTR 3:11) Senior Planner Gretchen Schneider stated that a copy of the final plat certification by the Director of Engineering, the Easement Agreement, the surety bond, and the Agreement to create the easement for the Multi-Use Recreational Trail are included in the Agenda backup material. (FTR 3:12) A motion was made by Vice Mayor Atkins, seconded by Commissioner Bilyeu, and failed by a 3-2 vote with Mayor Servian and Commissioners Palmer and Shelin voting no to adopt proposed Ordinance No. 04-4563 to approve the street vacation. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 4-1 vote with Commissioner Bilyeu voting no to reverse the decision of the Planning Board/Local Planning Agency (PBLP) to approve the final subdivision plat and development plan. (FTR 3:15) 2) APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 05-4624, CREATING THE GOLDEN GATE POINT STREETSCAPE 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 APPRAISER AND TAX COLLECTOR (AGENDA ITEM VI-2) A presentation was given concerning the creation of special districts for tax purposes by City Attorney Fournier and Attorney Michael Connolly, City Attorney's Office. In response to a question from Commissioner Palmer, Attorney Connolly stated that annually through the budget process a representative of the Special District would present the anticipated expenses for the next year to cover the debt service on the bond and to cover the maintenance responsibilities; that the Commission would sit as the Board of Directors of the Special District and approve the budget; that the Commission would levy the ad valorum tax within the Special District. The following person spoke: Attorney John Dent, representing the Golden Gate Point Association. In response to a question from Commissioner Palmer, Attorney John Dent stated that an advisory board would make budget recommendations to the Commission. In response to a question by City Auditor and Clerk Robinson, Attorney Dent stated that the preference is for the referendum for the voters to consider the special district to occur in November 2005. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to set proposed Ordinance No. 05-4624 for public hearing at the August 15, 2005, Regular Commission meeting. (FTR 3:30) 3) APPROVAL RE: SARASOTA SKATE PARK PROPOSED USER FEES (AGENDA ITEM VI-3) Following a presentation by Sports Facilities Manager Patrick Calhoon recommending a $30 annual fee or a $5 daily fee, a motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 5-0 vote to authorize Staff to proceed with the proposed rate schedule with implementation by September 1, 2005. (FTR 3:40) In response to a question from Commissioner Palmer, Manager Calhoon stated that the details of the scholarship and work-to-skate program will be developed and the information returned to the Commission. Commissioner Palmer left the Chambers at 3:40 p.m. and returned at 3:44 p.m. 4) ADOPTION RE: PROPOSED RESOLUTION NO. 05R-1844, AMENDING THE BILLABLE FEE SCHEDULE FOR DEVELOPMENT REVIEW ACTIVITIES; ETC. (AGENDA ITEM VI-4) Planning and Redevelopment Deputy Director Michael Taylor gave a presentation regarding amending the billable fee schedule for development applications. In response to a question by Commissioner Shelin regarding a rationale to support the fees, Deputy Director Taylor stated that the fees are treated as a retainer which allows for a refund if overpaid. The following people signed up to speak: Joel Freedman, Kerry Kirschner, and Bruce Franklin. (FTR 4:12) Mayor Servian noted Commission consensus to direct Staff to work with developers and planners to form a task force to address fees and report back to the Commission within 30 to 45 days. (FTR 4:21). Deputy Director Taylor asked if the Commission is indicating the fully burden costs must be clearly justified. Mayor Servian stated yes. Deputy Director Taylor asked if the fees recommended for pre-application costs must be further refined. BOOK 58 Page 29892 08/01/05 2:30 P.M. BOOK 58 Page 29893 08/01/05 2:30 P.M. Mayor Servian stated yes. Deputy Director Taylor stated that the other fees are initial fees, similar to a retainer. In response to a question from Mayor Servian concerning Staff's understanding of the Commission's direction, Deputy Director Taylor stated that Staff understands the direction and will return with a report to the Commission. 5) DIRECTION RE: REPORT AND REQUEST FOR COMMISSION DIRECTION REGARDING POTENTIAL ACQUISITION OF PROPERTY ADJACENT TO WATER TOWER PARK (AGENDA ITEM VI-5) City Manager McNees stated that discussions with the property owner resulted in an offer by the owner to sell the property adjacent to the Water Tower Park for $1 million to the City and take in trade the City-owned Seventh Street and Central Avenue site. Mayor Servian noted Commission consensus to extend the meeting to complete the Agenda of the afternoon session. (FTR 4:29) The following people spoke: Tomara Kafka and Carl Abbott representing the Bayou Oaks Neighborhood Association. Mayor Servian noted Commission majority consensus to direct the Administration to have the two properties appraised sO the Commission can determine if a potential purchase is financially feasible. (FTR 4:47) 8. NEW BUSINESS (AGENDA ITEM VI) 1) APPROVE SETTING FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 05-4638, CHANGES TO THE CITY'S SEWER IMPACT FEES; ETC. (AGENDA ITEM VII-1) In response to a question from Commissioner Palmer, Director of Public Works William Hallisey stated that the water system was developed in the 1970s and 1980s with excess capacity; therefore, the capital investment in the water system is not as high as the sewer system; that significant reinvestment occurred in the treatment component of the sewer system in the 1980s and 1990s; that impact fees have not been increased to encourage redevelopment. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to set for public hearing proposed Ordinance No. 05-4638. (FTR 4:50) 2) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE SECOND AMENDMENT TO AGREEMENT FOR ENGINEER OF RECORD FOR ENGINEER AND HYDROGEOLOGIST SERVICES WITH LEGGETTE, BRASHEARS & GRAHAM, INC (AGENDA ITEM VII-2) In response to a question from Commissioner Palmer concerning the amount of the increase in the cost of the contract, Public Works Director William Hallisey stated that the contracts provide for renegotiation of salary fees on an annual basis; that the salary fees are based on the firm's current posted rates for services. A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 5-0 vote to authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement for Engineer of Record for Engineer and Hydrogeologist Services with Leggette, Brashears & Graham, Inc. (FTR 4:53) The Commission recessed at 4:53 and reconvened at 6:00 p.m. 9. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) PRESENTATION RE: EMPLOYEE OF THE MONTH FOR JULY 2005 Nancy Meskimen, Administrative Assistant, Utilities Division (FTR 6:07) 2) PRESENTATION RE: PROCLAMATION FOR ECOLODGICAL YOUTHBUILD SARASOTA, A COMMUNITY SERVICE PROGRAM FOR THE GREATER NEWTOWN COMMUNITY REDEVELOPMENT CORPORATION - Che Barnett of Greater Newtown Community Redevelopment Corporation (GNCRC), Jetson Grimes, President of GNCRC, YouthBuild participant Benjamin Code, and Vice Mayor Atkins (FTR 6:13) 3) PRESENTATION RE: PROCLAMATION DESIGNATING AUGUST 1, 2005, AS THE REVEREND ELDER NANCY L. WILSON DAY - Reverend Elder Nancy L. Wilson (FTR 6:21) 10. SCHEDULED PRESENTATIONS (AGENDA ITEM XIII) 1) PRESENTATION RE: UPDATE ON THE ECONOMIC DEVELOPMENT PROGRAM AND THE ECONOMIC DEVELOPMENT CORPORATION (EDC) President Kathy Baylis and Chairman Brian Meurs of the Economic Development Corporation gave a presentation concerning an update to the Economic Development Program and the Economic Development Corporation (FTR 6:32) 11. NON QUASI-JUDICIAL PUBLIC HEARINGS (AGENDA ITEM XIV) 1) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4639, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A (AGENDA ITEM XIV-A-1) Following a presentation by Finance Director Gibson Mitchell and in response to a question by Commissioner Palmer, Director Mitchell stated that State law does not allow the Commission to budget forfeiture funds for Police purchases; that borrowing $4.5 million from the Workers' Compensation Self Insurance Fund is a temporary investment to close on the property at 1530 Dolphin Street due to time constraints; that borrowing from the General Fund would affect the City's bonding rating. A motion was made by Commissioner Shelin, seconded by Vice Mayor Atkins, and carried by a 4-1 vote with Commissioner Bilyeu voting no to pass proposed Ordinance No. 05-4639 on first reading. (6:48) BOOK 58 Page 29894 08/01/05 2:30 P.M. BOOK 58 Page 29895 08/01/05 2:30 P.M. 2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4640, AMENDING CHAPTER 34, ARTICLE V, LODGING OUT-OF-DOORS, SECTION 34-41 PROHIBITING THE USE OF PUBLIC OR PRIVATE PLACES OUT-OF-DOORS FOR LODGING; PROVIDING DEFINITIONS; PROVIDING STANDARDS FOR VIOLATION AND ENFORCEMENT; PROVIDING FOR THE REPEAL OF SECTION 34-40 CAMPING PROHIBITED AGENDA ITEM XIV-A-2) A presentation was made by Attorney Mark Singer, City Attorney's Office, regarding proposed Ordinance No. 05-4640 prohibiting the use of public or private places out of doors for lodging. In response to a question from Commissioner Shelin, Sarasota Police Lieutenant Paul Sutton came before the Commission and stated that trespass is specific to one piece of property which would allow a person to move from property to property with only a trespass warning. The following person spoke: John Fulton A motion was made by Commissioner Shelin, seconded by Commissioner Palmer, and carried by a 5-0 vote to pass proposed Ordinance No. 05-4640 on first reading. (FTR 7:04) 12. CITIZENS' INPUT (AGENDA ITEM XV) No one signed up to speak. 13. NEW BUSINESS (AGENDA ITEM XVII-1) 1) REQUEST RE: WAIVER OF ONE YEAR PROHIBITION OF SECTION IV 202 (G), ZONING CODE (2002 ED.), FOR REFILING OF AN APPLICATION FOR DEVELOPMENT APPROVAL OF A CONDITIONAL USE PERMIT OR A REZONING INVOLVING THE SAME PROPERTY ON WHICH A DENIAL WAS PREVIOUSLY SSUED (AGENDA ITEM XVII-1) A presentation was made by Attorney James Toale, on behalf of the Applicant, Anthony DeLoach, owner of property at 1114, 1124 and 1140 Sylvan Drive, to request a waiver of the one-year prohibition for refiling of an application for development approval of a conditional use permit or a rezoning. The following person spoke: Don Farr representing the Indian Beach Sapphire Shores Association. A motion was made by Commissioner Bilyeu to approve a waiver of the one- year prohibition of Section IV-202(g), Zoning Code (2002 Ed.), for refiling of an application for development approval of a conditional use permit or a rezoning involving the same property on which a denial was previously issued. Motion died for lack of a second. (FTR 7:23) A motion was made by Commissioner Palmer, seconded by Commissioner Shelin, and carried by a 4-1 vote with Commissioner Bilyeu voting no to deny a waiver of the one-year prohibition of Section IV-202(g), Zoning Code (2002 Ed.), for refiling of an application for development approval of a conditional use permit or a rezoning involving the same property on which a denial was previously issued. (FTR 7:23) 2) APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE A QUITCLAIM DEED UPON SATISFACTORY COMPLETION OF THE SEAWALL AND APPROVE PROPERTY TRANSFER FOR SOUTH BOULEVARD OF THE PRESIDENTS AT POLK DRIVE AND LIDO KEY (AGENDA ITEM XVII-2) Director of Engineering/City Engineer Dennis Daughters stated that Staff recommends approval of the transfer of the property with the condition the new owners install a new seawall and cap on the entire 80 feet of seawall frontage. In response to a question by Mayor Servian, Director of Engineering/City Engineer Daughters stated that the public good is the City will not be required to bear the expense of repairing the seawall and the property will be on the tax rolls. In response to a question by Commissioner Palmer, Director of Engineering/Chty Engineer Daughters stated that an easement would not allow for City control of the property; that City funding of the repair of the seawall is currently a low priority. In response to a question by Mayor Servian, Director of Engineering/City Engineer Daughters stated that the harm to the prospective owners if the property is not transferred is aesthetics; that the area floods, leaving a bad odor after drying out. Commissioner Palmer left the Chambers at 7:36 p.m. and returned at 7:38 p.m The following person spoke: Manuel Chepote (FTR 7:36) A motion was made by Commission Shelin, seconded by Vice Mayor Atkins, and carried by a 5-0 vote to deny transfer of the property located at the corner of South Polk Drive and South Boulevard of the Presidents. (FTR 7:39) 3) APPROVAL RE: CAPITAL IMPROVEMENT PROGRAM FOR US 301 MPROVEMENTS INCLUDING USE OF $360,000 FROM TAX INCREMENT FINANCING FUNDS (TIF) FOR ENHANCED ORNAMENTAL LIGHTING ON US 301 FROM BROTHER GEENEN WAY TO RAILROAD CROSSING, AND APPROVAL USE OF $140,000 FROM THE PENNY SALES TAX FUND BALANCE FOR THE REMAINING LIGHTING AND $500,000 FOR THE ENHANCED MEDIAN LANDSCAPING (AGENDA ITEM XVII-3) Director of Engineering/City Engineer Dennis Daughters gave a presentation regarding enhanced lighting and median landscaping for a section of US 301. In response to a question by Commissioner Palmer, Finance Director Gibson Mitchell, stated that the fund balance of the local option sales tax (L.O.S.T.) extension, also called the penny sales tax, is approximately $1.3 million. (FTR 7:44) In response to a question from Commissioner Bilyeu, Director of Engineering/City Engineer Daughters stated that $640,000 is being requested from the L.O.S.T. fund. In response to a question by Vice Mayor Atkins, Director of Engineering/City Engineer Daughters stated that enhanced ornamental lighting will be installed from Brother Geenen Way to the railroad crossing near Tenth Street and from 21st Street to 315t Street; that standard Florida Department of Transportation (FDOT) lighting will be installed between Tenth to 21st Streets. BOOK 58 Page 29896 08/01/05 2:30 P.M. BOOK 58 Page 29897 08/01/05 2:30 P.M. In response to a question by Mayor Servian, Director of Engineering/City Engineer Daughters stated that the differential in cost of the standard and enhanced lighting is approximately $600,000 to $800,000. In response to questions by Vice Mayor Atkins, Director of Engineering/City Engineer Daughters stated that the landscaping design will be consistent from Tenth Street to Myrtle Streets; that ornamental lighting will not be installed between Tenth and 21st Streets. Mayor Servian noted Commission consensus to direct Staff to reconsider the proposed lighting and enhanced median andscaping on US 301and report back to the Commission. (FTR 7:54) The Commission recessed at 7:55 and reconvened at 8:05 14. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) (FTR 8:05) 15. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) A. In response to a question regarding flooding at Arlington Park, City Manager McNees stated that the County is evaluating the problem. (FTR 8:19) B. In response to a question by Commissioner Bilyeu, City Auditor and Clerk Robinson stated that a stormwater update will be provided by the County at a Commission Workshop which is currently being scheduled. (FTR 8:20) C. In response to comments by Commissioner Bilyeu, Mayor Servian stated that convening a Charter Review Committee to consider an elected four-year mayor, Commission salaries, etc. can be placed on a future Agenda by a Commissioner if desired. (FTR 8:21). D. In response to a question by Commissioner Bilyeu, City Attorney Fournier stated that the Sarasota Housing Authority owns the property of the Janie Poe Housing Complex. (FTR 8:24) G. In response to comments by Vice Mayor Atkins, City Attorney Fournier stated that an update regarding the agreements between the Ersa Grae and Sarasota Opera for the Plaza Verdi project will be provided at the August 15, 2005, Regular Commission meeting. (FTR 8:27) H. In response to a question from Commissioner Palmer, City Manager McNees stated that an update regarding the Cultural District Master Plan will be provided by memorandum. I. Mayor Servian noted Commission consensus for the Engineering and Public Works Directors to make presentations regarding Capital Improvement Projects during the budget workshops in the future. (FTR 8:32) J. Mayor Servian noted Commission consensus for department heads who anticipate using Local Options Sales Tax (L.O.S.T.) funds, also called the penny sales tax, for projects to make a presentation to the Citizen Tax Oversight Committee concerning the use of the funds. K. In response to comments by Commissioner Palmer concerning the extension of the L.O.S.T.; City Manager McNees stated that Staff has begun to evaluate projects for inclusion in an extension of the L.O.S.T.; that a recommended list of projects will be presented to the Commission and the public. (FTR 8:35) 16. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) A. City Auditor and Clerk Robinson announced the following meetings: August 4, 2005 6:00 p.m. Special - Downtown Rezoning August 8, 2005 6:00 p.m. Special Evaluation and Appraisal Report Transmittal August 12, 2005 6:00 p.m. Special - Lift Station No. 7 17. ADJOURN (AGENDA ITEM XVIII) Mayor Servian adjourned the meeting at 8:36 p.m. ei Lue MARA ANIÉ SERVIAN, MAYOR TIEST Retinson QEINSON, CITY AUDITOR AND CLERK BOOK 58 Page 29898 08/01/05 2:30 P.M.