MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MAY 3, 1999, AT 5:00 P.M. PRESENT: Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Albert Hogle, Carolyn Mason and Mary Quillin, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING : Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH FOR MAY 1999 LAWRENCE MARTINI, EMERGENCY APPARATUS MECHANIC, POLICE DEPARTMENT #1 (0020) through (0130) City Manager Sollenberger requested that Lawrence Martini, Emergency Apparatus Mechanic, Sarasota Police Department, come before the Commission. Alan Woodle, Captain, Sarasota Police Department, came before the Commission and stated that Mr. Martini is unavailable to accept the award; that Mr. Martini helps the City to be a financially responsible City government by providing high quality services within the Police Department; that the recipient's expertise in mechanics has proven exceptional; that Mr. Martini is called upon by his peers for guidance, is an accomplished welder and metal worker which has helped tremendously by saving the City money by avoiding the expense of purchasing parts and by using scrap metal and parts for equipment repair, uses his ingenuity to fabricate fixtures for sirens, emergency lights and radar units, takes pride while working to keep the City emergency vehicles in top running order, and is a quality employee working toward a better community. Mayor Cardamone presented and Captain Woodle accepted on behalf of Mr. Martini a City-logo watch, a plaque, and a certificate as the May 1999 Employee of the Month in appreciation of his unique performance with the City of Sarasota. 2. APPROVAL RE: MINUTES OF THE REGULAR COMMISSION MEETING OF APRIL 5, 1999 - APPROVED; MINUTES OF THE REGULAR COMMISSION MEETING OF APRIL 19, 1999 - APPROVED AS CORRECTEDI MINUTES OF THE SPECIAL COMMISSION MEETING OF APRIL 21, 1999 = APPROVED (AGENDA ITEM I-1, 2 and 3) #1 (0140) through (0175) BOOK 46 Page 18242 05/03/99 6:00 P.M. BOOK 46 Page 18243 05/03/99 6:00 P.M. Mayor Cardamone asked if the Commission had any changes to the minutes of the April 5, 1999, Regular Commission meeting. Mayor Cardamone stated that hearing no changes, the minutes of the April 5, 1999, Regular Commission meeting are approved by unanimous consent. Mayor Cardamone asked if the Commission had any changes to the minutes of the April 19, 1999, Regular Commission meeting and stated that the word "acute" should be changed from Remarks of Commissioners to read as follows: MAYOR CARDAMONE: A. stated that scheduling an informal Commission meeting on the first Monday of the month would provide an opportunity for the Commissioners to communicate and discuss ideas; that the Commission could develop a better ability to assure meetings are kept on schedule. . Mayor Cardamone stated that hearing no other changes, the minutes of the April 1.9, 1999, Regular Commission meeting are approved by unanimous consent. Mayor Cardamone asked if the Commission had any changes to the minutes of the April 21, 1999, Special Commission meeting. Mayor Cardamone stated that hearing no changes, the minutes of the April 21, 1999, Special Commission meeting are approved by unanimous consent. 3. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF APRIL 7, 1999 = REÇEIVED REPORT; AFFIRMED PBLP APPROVAL OF SPECIAL EXCEPTION APPLICATION NO. 99-SE-02 AND PRELIMINARY SITE AND DEVELOPMENT PLAN APPLICATION NO. 99-PSD-G (AGENDA ITEM II-1) #1 (0178) through (0293) Jane Robinson, Director of Planning and Development, and Robert Kantor, M.D., member of the Planning Board/Local Planning Agency (PBLP) came before the Commission. Dr. Kantor presented the following items from the April 7, 1999, Regular PBLP meeting: A. Special Exception Application No. 99-SE-02 and Preliminary Site and Development Plan Application No. 99-PSD-G Dr. Kantor stated that Ron Morahan, P.E., of Avid Engineering representing Sarasota Self Storage submitted Special Exception Application No. 99-SE-02 and Preliminary Site and Development Plan Application No. 99-PSD-G; that approval is requested to construct a residential storage facility located at the intersection of North Beneva Road and 12th Street, at 1169 North Beneva Road in a Commercial, Neighborhood (CN) Zone District, pursuant to the Zoning Code (1974 as amended) ; that on April 7, 1999, the PBLP found Special Exception Application No. 99-SE-02 and Preliminary Site and Development Plan Application No. 99-PSP-G consistent with the Sarasota City Plan (1998 edition) and the Tree Protection Ordinance, approved the preliminary site and development plan, and adopted a resolution recommending approval of the special exception and the preliminary site and development plan by a unanimous 4 to 0 vote subject to the following conditions: 1. Site, development and construction plans shall be in compliance with the plans labeled Sarasota Self Storage dated March 25, 1999, with revisions to Sheets 2, 3, and L dated April 2, 1999, provided however, within 10 days of action, the Applicant shall submit revised plans which implement the conditions described in items 2-6 below to the Planning and Development Department for review. All final building or construction and shall be subject to a full review by the Director of Building, Zoning and Code Enforcement. 2. The east and north facing facades of the structures, visible from either 12th Street or North Beneva Road, shall be detailed with false windows, parapet peaks and a belt course or color band as illustrated on the Concept Aerial View included in the site and development plan. 3. The hours of operation and public (non-emergency) access to the storage units shall be limited as follows: Monday - Saturday: Not earlier than 6:00 a.m. and not later than 10:00 p.m. Sunday: Not earlier than 8:00 a.m. and not later than 10:00 p.m. 4. The exterior site lighting shall be in compliance with Section VII-1402 of the Zoning Code (1998). 5. The location of the trash receptacles shall be indicated or noted on the final site Plan. The trash containers and other discarded items shall be screened from view from adjoining properties or public right-of-ways. 6. A boundary adjustment plat shall be recorded pursuant to Section VI-104 of the Zoning Code (1998). BOOK 46 Page 18244 05/03/99 6:00 P.M. BOOK 46 Page 18245 05/03/99 6:00 P.M. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to affirm the PBLP's approval of Special Exception Application No. 99-SE-02 and Preliminary Site and Development Plan Application No. 99-PSD-G. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. B. Major Conditional Application No. 99-CU-07 and Site Plan Application No. 99-SD-D Dr. Kantor stated that on April 7, 1999, Gulfcoast Wonder and Imagination Zone, Inc., (G.WIZ) requested approval to allow the renovation of the old Selby Library for use as a science museum in a Governmental Use (G) Zone District; that the requested Major Conditional Use Application No. 99-CU-07 and Site Plan Application No. 99-SP-D is to allow a leasehold use of a Hands On Science Museum in the Governmental Use (G) Zone District on a parcel of property generally located west of U.S. 41 and north of Sixth Street at 1001 Boulevard of the Arts owned by the City of Sarasota and leased to G.WIZ. Dr. Kantor stated that the Planning Board/Local Planning Agency (PBLP) unanimously by a 4-to-0 vote approved Site Plan Application No. 99-SP-D and unanimously by a 4-to-0 vote recommended approval of Major Conditional Use Application No. 99-CU-07. City Auditor and Clerk Robinson stated that proposed Resolution No. 99R-1179 to approve Major Conditional Use Application No. 99-CU-07 to allow a leasehold use in the Governmental Use (G) Zone District consisting of a hands-on science museum known as the G.WIZ Science and Technology Center in the Governmental Use (G) Zone District has been placed on Consent Agenda 2, Item No. 3 for Commission action. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to receive the report of PBLP's regular meeting of April 7, 1999. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 4. BOARD ACTIONS: REPORT RE: HISTORIC PRESERVATION BOARD ' S REGULAR MEETING OF APRIL 13, 1999 = RECEIVED REPORT; SET HISTORIC DESIGNATION APPLICATION NO. 99-HD-06 AND APPLICATION NO. 99-HD-07 FOR PUBLIC HEARING (AGENDA ITEM II-2) #1 (0300) through (0415) Craig Holiday, Chairman of the Historic Preservation Board, came before the Commission and presented the following items from the April 13, 1999, Regular meeting of the Historic Preservation Board: A. Historic Designation Application No. 99-HD-06 3850 Flores Avenue - Richardsom/Abwater House Mr. Holiday stated that the based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommended historic designation of the structure located at 3850 Flores Avenue, the Richardson/Atwater House, which meets the following criterion listed under Section IV-806 (A) (4), Zoning Code (1998): 4. Embodies the distinctive visible characteristics of a n architectural style or period, or a method of construction On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to set Application No. 99-HD-06 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. B. Historic Designation Application 99-HD-07 1643 6th Street - H. 0. Cheney House Mr. Holiday stated that the based on a review by Staff from the Sarasota County Department of Historical Resources, the Historic Preservation Board unanimously recommended historic designation of the structure located at 1643 6th Street, the H. O. Cheney House, which meets the following criteria listed under Section IV-806(A) (1) and (4), Zoning Code (1998): 1. Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota, Sarasota County, the State of Florida, or the United States of America; 4. Embodies the distinctive visible characteristics of a n architectural style or period, or a method of construction; On motion of Commissioner Mason and second of Commissioner Quillin, it was moved to set Application No. 99-HD-07 for public hearing. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to receive the report of the April 13, 1999, Regular meeting of the Historic Preservation's Board. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 5. BOARD ACTIONS: REPORT RE: SARASOTA COUNTY STORMWATER ENVIRONMENTAL UTILITY ADVISORY COMMITTEE (SEUAC) AND THE BI-ANNUAL STORMWATER PROGRAM PRESENTATION BY THE SARASOTA BOOK 46 Page 18246 05/03/99 6:00 P.M. BOOK 46 Page 18247 05/03/99 6:00 P.M. COUNTY STORMWATER ENVIRONMENTAL UTILITY (SEU) (AGENDA ITEM II-3) #1 (0420) through (1875) James Marchand, P.E., General Manager, Stormwater Division, Transportation Department, Sarasota County, came before the Commission and stated that the presentation is the bi-annual update for the Interlocal Agreement Between Sarasota County and the City of Sarasota Regarding Total Consolidation of Stormwater Management; and introduced the following Staff members from the Sarasota County Transportation Department, Stormwater Division: Sandra Newell, P.E., Manager, Stormwater Division William Nichols, P.E., General Manager, Operations James Summers, P.E., Manager, Drainage Operations William Bergstresser, Foreman, Public Works Operations Mr. Marchand continued that Stephen Cork, Executive Director, Public Works of Sarasota County, was unable to attend due to a prior commitment; that a primary topic for discussion is the Capital Improvement Program (CIP) for the Hudson Bayou Drainage Basin, which is wholly contained within the City limits; that the Interlocal Agreement provides the same methods and processes are used with projects which affect the City and the County; that the process is as follows: Master Plan Process: Public meetings are held followed by adoption of a initial rate assessment resolution and is generally accomplished in mid-summer. The rate assessment resolution provides the County with the authorization to distribute individual notices to all property owners in a basin area concerning stormwater drainage projects and proposed assessments to pay for the projects. Genèrally, in September a public hearing is held to adopt the final rate assessments and adopt the CIP. Mr. . Marchand further stated that the Master Plan for the Hudson Bayou Basin project including the public meeting has been completed; that individual property owners were sent notices of the public meeting; that the City Commission had previously authorized the Stormwater Environmental Utility (SEU) to complete some small projects in the Hudson Bayou Basin due to safety concerns or the desire of the Commission to move forward; that a couple of the smaller projects are completed and others are under design; however, the majority of the work scheduled for the Hudson Bayou Basin will not be undertaken until the public hearing is held and the final rate assessments and the CIP is adopted. Ms. Newell gave a computer-generated slide presentation and stated that Staff of the SEU of Sarasota County is available to meet with Commissioners to discuss issues warranting further explanation; that the SEU program presentation is not all inclusive; that project details are limited; that the projects selected for the presentation are the programs of significance to the City; that the project review is as follows: CIP Current Projects: - Phillippi Creek Basin 23 projects categorized into either Structure Flooding or Street Flooding Projects listed as follows: Structure Flooding: Street Flooding: Bahia Vista/Lockwood Beacon Drive Canal: Ridge Flood Plain Bermuda Brook Branch BA Regional Foremere Place Gocio Road Culverts Nassau Street Celery Fields Canal Right of Way Acquisition Lake Mallard Colonial Gables Canal 4-98 Forest Lakes Main 'A' Hyde Park Main B Regional Lake Sarasota Oakhurst Condo Phillippi Shores Proctor Road Drainage Red Bird Circle Greymoss South Leewyn Drive Red Bug Slough Sunnyside Lane Ms. Newell stated that the status of the significant CIP projects in the Phillippi Creek Basin is as follows: Phillippi Creek Basin: Celery Fields, Phase II construction completed Celery Fields, Phase III, erosion mitigation through planting Construction to commence the second quarter 1999 Sunnyside and Colonial Gables Projects = Advertised for construction which will begin in the next several weeks Hyde Park and the Red Bug Slough projects - Advertised for construction which will begin in the next several weeks BOOK 46 Page 18248 05/03/99 6:00 P.M. BOOK 46 Page 18249 05/03/99 6:00 P.M. Bahia Vista/Lockwood Ridge Flood Plan Project - A new project with substantial completion expected by September 2000. Nineteen of the 31 homes in the project area have been purchased. A notice for conceptual approval of a grant application which would reimburse 40 percent of the costs of homes sold by willing sellers has been received from the Florida Communities Trust (FCT). A preliminary design report is due June 2, 1999. Two Lakes Parks project which is within the Bahia Vista/Lockwood Ridge Flood Plan Project area, Negotiations are in progress for land acquisition. Ms. Newell stated that the assessment rate for Structure Flooding is $64.43 over a 20-year time period compared to the previous assessment rate of $64.18 over a 15-year time frame; that the Bahia Vista/Lockwood Ridge Flood Plan Project comprises most of the increased assessment costs; that the assessment rate for Street Flooding is $3.92 which includes all new projects compared to the previous assessment rate of $7.41 for a 20-year time period; that the total cost for the Phillippi Creek Basin Improvements for fiscal year (FY) 1999/2000 is $7.9 million; that another $1.5 million is required for FY 2000/01 to complete the planned projects; that details of Hudson Bayou projects are as follows: Hudson Bayou: Loma Linda project = Completed and paid for East Avenue project - Notice to Proceed has been issued and construction will begin in a few days Arlington Canal Improvement including the Arlington Canal By-Pass, Arlington Canal at Hawthorne and the Arlington Canal at Euclid Canal projects The three projects have been consolidated under one engineering consultant. Little Five Points and Pelican Circle projects addressing residential and commercial flooding along Arlington Canal - New projects School Desiltation Facility beginning at Euclid Avenue and extending to School Avenue including widening canal banks, stabilizing erosion control and incorporating two educational platforms Will be advertised for construction within the next two months. Ms. Newell stated that the Hudson Bayou Capital Improvement Projects require a Capital Assessment in the amount of $163.53 or $6.9 million; that the assessment does not take into consideration grants of over $1 million which will apply to the projects; that the cost of the assessment should be approximately $120 to $150 per equivalent stormwater unit (ESU) considering the grant funds anticipated; that a public meeting was held on April 26, 1999; that 4200 flyers were distributed; however, only 35 people attended; that $4 million will be spent on the Hudson Capital program in FY 2000/01 Whitaker Bayou: The US Army Corps of Engineers (USACE) Study is proceeding and a March 24, 1999, public meeting was held to compare the USACE's Existing Conditions model data with public input on actual occurrences. 6,000 flyers were distributed; however, only 108 people attended. The results of the USACE Study were found to match citizens input. Leon Avenue and Noble Avenue project Completed Newtown Canal project = Scheduled for advertisement within a few days. CIP Future Projects Fiscal Year Capital Budget/CIP Project Detail sheets have not been prepared as SEU Staff is unsure when the public may be receptive to another assessment rate increase. These projects have been placed separate category without a prediction of cost and timeframe and include: Hudson Bayou: Alderman Street right-of-way and Settling Basin Facilities Water Quality Projects = Not proposed for completion with the level of service assessment proposed. Adding the two water quality projects could add $2 million to the assessment unless additional funding is found to reduce the estimated costs. Phillippi Creek: Canal 4-14 and 4-12 Water Quality Projects - Not ready to proceed at this time Whitaker Bayou: Not at the Master Plan stage at this time. The SEU will continue to obtain a better understanding of the requirements of the project in the future. Ms. Newell stated that another issue of importance concerns the flood-prone areas on St. Armands Key; that two public meeting have been held on the drainage problems and were well attended; that due to the public concern regarding the drainage on St. Armands Key, a full Sarasota/Manatee Metropolitan Planning Organization (MPO) Subcommittee meeting is scheduled for May 13, BOOK 46 Page 18250 05/03/99 6:00 P.M. BOOK 46 Page 18251 05/03/99 6:00 P.M. 1999, to review the alternatives and criteria prior to completion of the USACE Study and to obtain additional public input. Ms. Newell stated that following are the maintenance-related stormwater projects: Maintenance Projects Generally over $5,000 Recently Completed: 15th Street at Central Avenue 40th Street at Cocoanut Avenue Alderman Street at Hudson Avenue Circus Blvd. at Bobby Jones Golf Course Gulfmeade Drive Margaret Street East of Lime Avenue Orange Avenue Trailer Park = 15th Street/Orange Avenue Maintenance Projects Under Construction 24th Street at Central Avenue Bowman Court - out for bid Harmony Lane Osprey Avenue at Alta Vista Street - out for bid Sylvan Drive Visitors' Center Retention Pond Maintenance Projects Under Design: Erie Court North of Aspinwall Street Indian Beach Lane Jefferson Avenue at Main Street Oriole Drive/Mallard Lane at McClellan Parkway Maintenance Projects Pending: Solutions Being Developed Arlington Canal at Arlington Street and Hillview Street Chapel Drive at Myrtle Avenue Goldenrod Street/Magnolia Avenue at East Avenue Hillview Street at Sarasota Memorial Hospital Oval Street Osprey Avenue to McClellan Parkway Ms. Newell stated that following are the SEU upcoming issues for FY 1999/2000: Stormwater Newspaper Insert A newspaper insert including a telephone number for communicating concerning stormwater flooding problems is currently being prepared for distribution in late July or early August 1999. Flood Policy - Application will be made for a CDBG Grant to defray some of the costs associated with stormwater improvements. Private Drainage Maintenance Ordinance - An ordinance concerning private easements for maintenance of private drainage basins has been developed for presentation to the Sarasota Board of County Commissioners for adoption with the stipulation the City must also approve the ordinance, providing the SEU another tool for enforcement of drainage maintenance regulations Stormwater Environmental Utility Advisory Committee (SEUAC) of Sarasota County Issues - Flooding on St. Armands Key and an accurate list of flooding sites are concerns of the SEUAC Commissioner Hogle asked if the Alderman Street project includes a large ditch that runs on the north side of Alderman Street from U.S. 301 to Orange Avenue? Richard Winters, Engineering Technician V, Engineering Department, came before the Commission and stated that the Alderman Street project is part of an effort to tie together several drainage basins west of Osprey Avenue and is a water quality project. City Manager Sollenberger asked if the Alderman Street project will remove silt accumulation? Mr. Winters stated yes. Commissioner Mason asked if the Newtown Canal project will be under construction in July 1999? Ms. Newell stated yes. Mayor Cardamone asked the term of the Hudson Bayou Assessment? Ms. Newell stated that the bond will be for a 20-year term; that a 15-year calculation was used to determine the assessment rate; that the Commission may request a 20-year calculation, resulting in a reduced assessment rate. Mayor Cardamone stated that most people stay in a home for approximately ten years; that a 20-year assessment rate would allow the first homeowner to pay a slightly less assessment. Commissioner Quillin stated that many of the projects presented today are in areas of the City where constituents live; that, in particular, constituents in the Arlington Park area are young working class families and a 20-year assessment rate would be a benefit to the residents. Mayor Cardamone stated that the maintenance project involving Arlington Canal at Arlington and Hillview Streets is listed under Maintenance Projects Pending: Solutions Being Developed; that citizens have complained for twenty-five years about flooding in the area; and asked the reason the project was not scheduled for completion? BOOK 46 Page 18252 05/03/99 6:00 P.M. BOOK 46 Page 18253 05/03/99 6:00 P.M. Mr. Summers stated that the location between Shade and Jefferson Avenues was personally inspected; that no problems were discovered as the area was clear of flooding, silting and the vegetation appeared recently cut; that a more exact location can be provided for further inspection to determine if additional work is necessary. Mayor Cardamone stated that flooding in the area has been a significant problem for many years. Ms. Newell stated that any residential flooding in the project area will be corrected by the Arlington Canal Capital Improvement Project. Mayor Cardamone stated that preventative maintenance of the area is important. Ns. Newell stated that maintenance prior to completion of the Arlington Canal Capital Improvement Project is, indeed, important. Commissioner Quillin stated that flooding continues to occur at the intersection of Jefferson Avenue and Main Street and at the intersection of Ringling Boulevard and Jefferson Avenue. Mr. Summers stated that SEU Staff will review the sites. Mayor Cardamone thanked SEU Staff for the presentation; and stated that the dry winter season has not yet afforded the City and County an opportunity to test the Interlocal Agreement. Mayor Cardamone requested Sid Johnson and Norman Siegel the City's representatives on the Stormwater Environmental Utility Advisory Committee (SEUAC) come before the Commission. Mr. Johnson stated that stormwater complaints should be directed to the SEU; that a flyer restating who and how to contact the SEU could be mailed with City utility bills which would increase public awareness of responsibility for stormwater complaints; that the lack of a comprehensive list of flood sites is frustrating. Mr. Siegel stated that a master list of flood sites is critical. Mr. Johnson stated that 15 to 20 homes are affected by flooding on St. Armands Key. Mayor Cardamone stated that the City's SEUAC representatives are requested to remain vigilant and bring any concerns to the City Commission. 6. CONSENT AGENDA NO. 1: ITEM NO. 1 - APPROVED (AGENDA ITEM III-A) #1 (1870) through (1778) 1. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Magnum Builders of Sarasota, Inc., (Bid #99-43H) Sarasota, Florida for the parking lot additions to Shoenbaum Human Services Project On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to approve Consent Agenda No. 1, Item 1. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 7. CONSENT AGENDA NO. 2: ITEM NO 1 (RESOLUTION NO. 99R-1180) - ADOPTED; ITEM NO. 2 RESOLUTION NO. 99R-1178) - ADOPTED; ITEM NO. 3 (RESOLUTION NO. 99R-1179 - ADOPTED; ITEM NO. 4 (ORDINANCE NO. 99-4128) = ADOPTED ON SECOND READING (AGENDA ITEM III-B) #1 (1780) through (2020) City Auditor and Clerk Robinson read proposed Resolution No. 99R-1180 and 99R-1179 and proposed Ordinance 99-4128 by title only and Resolution No. 99R-1178 in its entirety. 1. Adoption Re: Proposed Resolution No. 99R-1180 adopting a schedule to process amendments to the City's Comprehensive Plan, also called the Sarasota City Plan (1998) (Title Only) 2. Adoption Re: Proposed Resolution No. 99R-1178 appropriating $2,000 from the unappropriated fund balance of the Citizens with Disabilities Fund to fund a tactile sign for the Selby Public Library, etc. 3. Adoption Re: Proposed Resolution No. 99R-1179 to approve major conditional use application 99-CU-07 to allow a leasehold use in the Governmental Use (G) Zone District consisting of a hands on' science museum known as the G.WIZ Science and Technology Center in the governmental Use (G) Zone District; said major conditional use is proposed to be located on a parcel of property owned by the City of Sarasota and leased to Gulf Coast Wonder and Imagination Zone, Inc., a Florida not-tor-profit corporation; said property is generally located west of US 41 and north of Sixth Street at 1001 Boulevard of the arts, as more particularly described herein; said major conditional use is required to be constructed in accordance with Site Plan Application 99-SP-D (Title Only). BOOK 46 Page 18254 05/03/99 6:00 P.M. BOOK 46 Page 18255 05/03/99 6:00 P.M. 4. Adoption Re: Second reading of proposed Ordinance No. 99-4128 amending the Zoning Code (1998) as adopted by reference by Ordinance No. 98-4076; setting forth findings as to intent and purpose; amending Article IV, Development Review Procedures; Division 2, General Procedures; Sec. IV-202, Notices and Public Hearings; Subparagraph I, Contacts Outside of the Hearing, regarding ex parte communications and quasi-judicial hearings; Division 8, Historic Preservation; is amended to add the following sections: Sec. IV-818, Demolition by Neglect; Sec. IV-819, Ordinary Maintenance; Sec. IV-820, Danger to Life, Health or Property; and Sec. IV-821, Revocation of Certificates of Appropriateness; Article V, Vested Rights and Nonconformities; Division 1, Nonconformities; is amended to add a new Subparagraph (G) pertaining to historic structures to sec. V-103, Nonconforming Structures; repealing ordinances in conflict (Title Only). On motion of Commissioner Mason and second of Commissioner Hogle, it was moved to adopt Consent Agenda 2, Item Nos. 1 through 4, inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers will have 5 minutes to speak, will be timed and will be advised when 1 minute remains. A1l individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 8. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4127, AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA, AMENDING SECTION 33-109 (A) OF THE SARASOTA CITY CODE TO CLARIFY THE EXEMPTIONS TO THE PROHIBITIONS RELATING TO THE PARKING OF ANY TRUCK OR TRAILER UPON ANY STREET OR HIGHWAY IN A RESIDENTIAL DISTRICT OF THE CITY; PROVIDING FOR EXCEPTIONS REPEALING ORDINANCES IN CONFLICT (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-1) #1 (2020) through (2180) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the proposed ordinance defines the word "gross weight" of a truck or trailer to match the definition in the State Statutes; that the definition includes the weight of the trailer and the contents thereon; that currently the Sarasota City Code is silent on the matter; that the addition makes the Sarasota City Code consistent with State Statutes. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4127 by title only. City Manager Sollenberger stated that the Administration recommends a motion to pass proposed Ordinance No. 99-4127 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4127 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 9. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE 99-4129, AN ORDINANCE OF THE CITY OF SARASOTA AMENDING CHAPTER 24, PERSONNEL, ARTICLE II, PENSIONS, DIVISION 3, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF SARASOTA AMENDING SECTION 24-78, LAY-OFF AND TERMINATION BENEFITS; AMENDING SECTION 34-93, DEFERRED RETIREMENT OPTION PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-A-2) # (2181) through (2301) Benita Saldutti, Pension Manager, Pension Department, came before the Commission and stated that the Police Officers Pension Board of Trustees is requesting the Commission adopt proposed Ordinance No. 99-4129; that the Ordinance amends the Police Officers Pension Plan as follows: Clarifies the benefits payable to Police Officers who terminate before normal retirement Eliminates the administration fee for Participants for the Deferred Retirement Option Plan (DROP) Adds a DROP investment option of 6.5 percent per annum, compounded quarterly - Provides that other inves tment vehicles may be made available for DROP participants as long as no additional cost is incurred by the plan Ms. Saldutti continued that proposed Ordinance No. 99-4129 will be retroactive to December 21, 1998; that an Actuarial Cost Estimate dated March 26, 1999, prepared by Gabriel, Roeder, Smi th BOOK 46 Page 18256 05/03/99 6:00 P.M. BOOK 46 Page 18257 05/03/99 6:00 P.M. and Company of Ft. Lauderdale, Florida, certifies the amendment do not increase any costs to the pension plan; that the Southwest Florida Chapter of the Florida Police Benevolent Association, Inc. (PBA) waived any and all rights to bargaining pertaining to the pension benefit improvements. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4129 by title only. City Manager Sollenberger stated that the Administration recommends a motion to pass proposed Ordinance No. 99-4129 on first reading. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4129 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. 10. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4134, AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA, AMENDING CHAPTER 1, GENERAL PROVISIONS OF THE CITY CODE, TO ADD SECTION 1-12.1 PROVIDING FOR THE PROSECUTION OF A PRINCIPAL IN THE FIRST DEGREE; (TITLE ONLY) PASSED ON FIRST READING (AGENDA ITEM IV-A-3) #1 (2305) through (2386) City Attorney Taylor stated that proposed Ordinance No. 99-4134 has been requested by the City's Municipal Prosecutor, Michael Perry; that currently, hiring someone to violate the Sarasota City Code is not illegal; that proposed Ordinance No. 99-4134 provides for the prosecution of a principal in the first degree, i.e. the hiring of someone to violate the Sarasota City Code. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4134 by title only. City Manager Sollenberger stated that the Administration recommends a motion to pass proposed Ordinance No. 99-4134 on first reading. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4134 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes. 11. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4135, AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA, AMENDING CHAPTER 36, ARTICLE II, SECTION 36-24 OF THE CITY CODE PERTAINING TO THE REGULATION PERMITTING OF THE OPERATION OF FOR-HIRE VEHICLES OR TAXICABS IN SERVICE AS A PUBLIC VEHICLE WITHOUT A LICENSE STICKER (TITLE ONLY ) - PASSED ON FIRST READING (AGENDA ITEM IV-A-4) #1 (2390) through (2490) City Attorney Taylor stated that anyone who operators a vehicle for hire must obtain a City license sticker; that currently the person who owns a vehicle for hire or provides the vehicle for hire without a license to an employee is not in violation of the Sarasota City Code; that the amendment will correct the oversight and add a provision to include anyone who allows the operation of a vehicle without obtaining a City license. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4135 by title only. City Manager Sollenberger stated that the Administration recommends a motion to pass proposed Ordinance No. 99-4135 on first reading. On motion of Vice Mayor Pillot and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4135 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Quillin, yes; Cardamone, yes; Hogle, yes; Mason, yes; Pillot, yes. Mayor Cardamone requested that City Attorney Taylor explain the quasi-judicial process for the public hearings under Agenda Item IV-3. City Attorney Taylor stated that during quasi-judicial public hearings, the Commission is required to base a decision on BOOK 46 Page 18258 05/03/99 6:00 P.M. BOOK 46 Page 18259 05/03/99 6:00 P.M. competent, substantial evidence; that prior to opening the public hearing, Commissioners will be requested to disclose any ex-parte communications concerning the subject property; that the recommendation is to allow 10 minutes for the Applicant's presentation and 3 minutes for rebuttal; that the City will have 10 minutes for presentation; that individuals certified by the Commission as Affected Persons will have 5 minutes to speak and 3 minutes for rebuttal; that other interested persons will have 3 minutes to speak; that Affected Persons are individuals especially interested in the proceedings due to close proximity to or other special interest in the subject property; that no one has filed a request to qualify for status as an Affected Person. Mayor Cardamone stated that there is Commission consensus in support of the City Attorney's recommended time allocations for the quasi-judicial public hearing. 12. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4120, AMENDING ORDINANCE NO. 97-3991 BY THE SUBSTITUTION OF SITE PLAN 99-SP-A FOR PREVIOUSLY APPROVED SITE AND DEVELOPMENT PLAN 97-PSD-07 TO ALLOW AN APPROXIMATE 81 ROOM/SUITE HOTEL ON 2.09 + ACRES IN THE COMMERCIAL PARK (CP) ZONE DISTRICT (A/K/A COMMERCIAL OFFICE PARK (COP) ZONE DISTRICT; SAID PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY PARKWAY AND ROYAL PALM DRIVE WITH A STREET ADDRESS OF 1040 UNIVERSITY PARKWAY AS MORE PARTICULARLY DESCRIBED HEREIN; APPROVING SITE PLAN 99-SP-A; PROVIDING FOR CONDITIONS REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE (TITLE ONLY) (APPLICATION NO. 99-RE-02; APPLICANT: BRUCE FRANKLIN AS AGENT FOR MCKIBBON BROTHERS, INC.. OWNER) - PASSED ON FIRST READING (AGENDA ITEM IV-B-1) #1 (2580) through (2965) Mayor Cardamone stated that proposed Ordinance No. 99-4120 amends Ordinance No. 97-3991 by the substitution of Site Plan Application No. 99-SP-A for previously approved Site and Development Plan Petition No. 97-PSD-07 to allow an approximate 81-room/suite hotel, Marriott/Spring Hill Suites, on approximately 2.09 acres in the Commercial Park (CP) Zone District, a/k/a the Commercial Office Park (COP) Zone District; that the property is located at the southeast corner of University Parkway and Royal Palm Drive; that the applicant is Bruce Franklin, agent for McKibbon Brothers, Inc. Mayor Cardamone requested that Commissioner ex-parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Hogle, Mason and Quillin, stated that no ex-parte communications took place. Mayor Cardamone opened the public hearing. Mayor Cardamone requested that the Applicant come before the Commission. Bruce Franklin, President, Land Resource Strategies, Inc., an ADP Group Company, and agent for McKibbon Brothers, Inc., came before the Commission; referred to two display boards placed on easels indicating the site and development plan for the property at 1040 University Parkway; and stated that the property has frontage on University Parkway and Royal Palm Avenue; that the existing Marriott Residence Inn is located on the east 2.5 acres; that the proposed Spring Hill Suites Hotel, an 81-unit hotel, is located on the west 2.09 acres; that coordinated access is provided by a median break on University Parkway; that no access will be available on Royal Palm Drive; that the proposed building will be constructed in a north/south configuration; that a wall will be constructed to minimize the impact on the Royal Palm Villas located directly south of the proposed hotel; that a neighborhood meeting attended by four or five neighbors indicated curiosity rather than complaints; that the parcel has a master plan for stormwater runoff; that the proposed Site and Development Plan is a substitute for the original site and development plan adopted pursuant to Ordinance No. 97-3991. Mayor Cardamone requested that City Staff come before the Commission for the City's presentation. Jane Robinson, Director, and Mark Hess, Senior Planner II, Planning and Development Department, came before the Commission. Mr. Hess stated that proposed Ordinance No. 99-4120, recommended for approval at the April 7, 1999, PBLP meeting, was found consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and the tree protection ordinance; that the request to amend Ordinance No. 97-3991 by the substitution of Site Plan Application No. 99-SP-A for previously approved Site and Development Plan Petition No. 97-PSD-07 would allow construction of an approximate 81-room/suite hotel, Marriott/Spring Hill Suites, on approximately 2.09 acres in the CP Zone District a/k/a the COP Zone District; that the property is located at the southeast corner of University Parkway and Royal Palm Drive; that a minor height variance was granted at the March 31, 1999, Board of Adjustment meeting which allows construction of a slightly taller center section of the hotel than normally allowed in the CP Zone District. Commissioner Quillin referred to one condition of the PBLP's approval of the Site Plan as follows: BOOK 46 Page 18260 05/03/99 6:00 P.M. BOOK 46 Page 18261 05/03/99 6:00 P.M. Trees identified for preservation on the site plan shall be protected during construction and maintained in a healthy state. Commissioner Quillin asked if the City has a licensed arborist on Staff? Mr. Hess stated that the City does not employ a licensed arborist; that the tree protection ordinance is administered through the Building, Zoning, and Code Enforcement Department. City Manager Sollenberger stated that the City utilizes the services of Phil Smi th, a licensed arborist with David W. Johnston and Associates, the City's Landscape Architectural firm. Commissioner Quillin stated that the preservation of trees was advocated and widely discussed during the original site and development plan process as many beautiful trees are located on the site. Mayor Cardamone requested that Affected Persons come before the Commission. City Auditor and Clerk Robinson stated that no Affected Persons have signed up to speak. Mayor Cardamone requested that other Interested Persons come before the Commission. City Auditor and Clerk Robinson stated that no Interested Persons have signed up to speak. Mayor Cardamone requested that the Applicant, the City and Affected Persons come before the Commission for rebuttal. City Auditor and Clerk Robinson stated neither the Applicant, the City, nor Affected Persons have any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4120 by title only. On motion of Commissioner Hogle and second of Commissioner Quillin, it was moved to pass proposed Ordinance No. 99-4120 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yes, Pillot, yes; Quillin, yes. 13. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4132, PROVIDING FOR THE DESIGNATION OF THE STRUCTURES LOCATED AT 518 ADELIA AVENUE HISTORICALLY KNOWN AS THE J. E. AND LOTTIE MOORE HOUSE AS STRUCTURES OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE (TITLE ONLY) (APPLICATION NOS. 99-HD-04 (A) AND 99-HD-04(B) APPLICANT: MIKKI HARTIG AS AGENT FOR BRUCE A. SIBER, OWNER) PASSED ON FIRST READING WITH THE NAME CHANGED TO JAMES E. (AGENDA ITEM IV-B-2) #1 (2965) through (3298) Mayor Cardamone stated that proposed Ordinance No. 99-4132 provides for historic designation of the structure located at 518 Adelia Avenue historically known as the J. E. and Lottie Moore House; that the applicant is Mikki Hartig, agent for Bruce Siber, owner. City Attorney Taylor stated that no one has filed a request to qualify for status as an Affected Person; therefore, a change in the time allowance from 10 minutes to 5 minutes for Applicant presentation and 3 minutes for rebuttal is suggested. Mayor Cardamone stated that there is Commission consensus in support of the City Attorney's recommended time allocations. Mayor Cardamone requested that Commissioner ex-parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot, and Commissioners Hogle, Mason and Quillin stated that no ex-parte communications took place. Mayor Cardamone opened the public hearing. Mayor Cardamone requested that the Applicant come before the Commission. Mikki Hartig, Historical and Architectural Research Services and agent for owner Bruce Siber, came before the Commission; gave a slide presentation of various photographs of the property located at 518 Adelia Avenue to reference the location and to explain the characteristics and features of the J. E. and Lottie Moore House; and stated that the house faces west, is located near the corner of Sixth Street, was constructed in 1925, is a well-preserved example of the Craftsman-style bungalow and retains the original windows; that the house structure is unaltered with the exception of the addition of an aluminum awning on the front of the house; that the house has wooden, double-hung sash windows, a wide overhang and knee brackets characteristic of the Craftsman-style BOOK 46 Page 18262 05/03/99 6:00 P.M. BOOK 46 Page 18263 05/03/99 6:00 P.M. of architecture; that the structure rests on brick piers with fixed wood trellis panels between the piers, serving as a foundation skirt; that a detached, single-car garage is located northeast of the house; that the garage is non-conforming due to the location on the site; that J. E. and Lottie Moore were the original occupants of the house; that several owners occupied the house until a long-time owner purchased the house in the 1930s; that the Applicant is working with the Historic Preservation Board and the Sarasota County Department of Historic Resources to rehabilitate or reconstruct the garage if necessary; that the owner requests a name change from J. E. and Lottie Moore House to the James E. and Lottie Moore House in the proposed ordinance and the historic designation. Mayor Cardamone requested that City Staff come before the Commission for the City's presentation. Jane Robinson, Director of Planning and Development, came before the Commission and stated that the expert testimony is normally provided by Sarasota County Staff; however, County Staff is not available for the presentation tonight; that proposed Ordinance No. 99-4132, unanimously recommended for approval at the March 9, 1999, Historic Preservation Board meeting, is a request to designate the residence and garage a/k/a the J. E. and Lottie Moore House located at 518 Adelia Avenue as structures of historic significance pursuant to the City's historic preservation ordinance; that the structures lie on the east side of Adelia Avenue between Orange and Goodrich Avenues; that the structures maintain their original architectural integrity; that the house has double front-facing gable ends, exposed rafter tails, and partial width porch supported by double porch supports; that Staff from the Sarasota County Department of Historical Resources found that the James E. and Lottie Moore House and Garage exhibit integrity of location, design, setting, workmanship, and association with the history of the City and meets the following criterion contained in Section IV-806 (A) (4), Zoning Code (1998) : (4) Embodies the distinctive visible characteristics of an architectural style or period, or a method of construction . Ms. Robinson stated that the house embodies the Craftsman style of architecture as demonstrated by double front-facing gable ends, exposed rafter tails, and partial width porch supported by double porch supports; that the Commission can make a decision based on viewing the record of the report and listening to public testimony or continue the public hearing to another Commission meeting when County Staff is available to answer questions. Mayor Cardamone stated that hearing no objections, the public hearing will continue at this time. Mayor Cardamone requested that Affected Persons come before the Commission. City Auditor and Clerk Robinson stated that no Affected Persons have signed up to speak. Mayor Cardamone requested that other Interested Persons come before the Commission. City Auditor and Clerk Robinson stated that no other Interested Persons have signed up to speak. Mayor Cardamone requested that the Applicant, the City and Affected Persons come before the Commission for rebuttal. City Auditor and Clerk Robinson stated that neither the Applicant, the City, nor Affected Persons have any rebuttal. Mayor Cardamone requested Commissioner supplemental remarks, if any. Hearing no Commissioner supplemental remarks, Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 99-4132 by title only. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 99-4132 on first reading with the name changed to James E. and Lottie Moore. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 14. QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 99-4133, PROVIDING FOR THE DESIGNATION OF THE STRUCTURE LOCATED AT 1385 FIFTH STREET AND 1373 to 1385 FIFTH STREET HISTORICALLY KNOWN AS THE HOOD BLOCK AS A STRUCTURE OF HISTORIC SIGNIFICANCE PURSUANT TO THE HISTORIC PRESERVATION ORDINANCE OF THE CITY OF SARASOTA; MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. (TITLE ONLY) (APPLICATION NO. 99-HD-05; APPLICANT: MIKKI HARTIG AS AGENT FOR DANIEL AND JUDITH BALL, OWNERS - PASSED ON FIRST READING (AGENDA ITEM IV-B-3) #1 (3298) through #2 (0089) City Auditor and Clerk Robinson stated that proposed Ordinance No. 99-4133 provides for the historic designation of the structure located at 1373 to 1385 Fifth Street historically known BOOK 46 Page 18264 05/03/99 6:00 P.M. BOOK 46 Page 18265 05/03/99 6:00 P.M. as the Hood Block; that the Applicant is Mikki Hartig, agent for Daniel and Judith Ball, Owners. City Attorney Taylor stated that no Affected Persons have signed up to speak; that a change in the time allowance from 10 minutes to 5 minutes for Applicant presentation and 3 minutes for rebuttal is suggested. Mayor Cardamone stated that there is Commission consensus in support of the City Attorney's recommended time allocations. Mayor Cardamone requested that Commissioner ex-parte communications, if any, be disclosed. Mayor Cardamone, Vice Mayor Pillot and Commissioners Hogle, Mason and Quillin, stated that no ex-parte communications took place. Mayor Cardamone opened the public hearing. Mayor Cardamone requested that the Applicant come before the Commission. Mikki Hartig, Historical and Architectural Research Services, and agent for owners Daniel and Judith Ball, came before the Commission; gave a slide presentation of various photographs of the subject property to reference the location and to explain the characteristics and features of the commercial building; and stated that the structure is located at Fifth Street adjacent to the African Methodist Episcopal (AME) Church at the corner of Fifth Street and Central Avenue; that work has begun for removal of non-historic fabric on the building; that the building is a two-story structure in the Spanish Colonial Revival style; that the exterior is constructed of hollow clay tile with a stucco exterior finish on the first floor and a wood frame partial-width on the second floor; that the non-historic window units have been removed; that the structure has six light wood transoms and the original canopy above the storefront; that a central doorway provides access to the second floor which has been used as a rooming house; that a central entrance and a non-historic fire escape exist in the rear of the building; that the Florida Bureau of Historic Preservation and the Sarasota County Department of Historical Resources have approved the owner's plan to rehabilitate the building to provide for retail use on the first floor and two apartments on the second floor; that the building was originally constructed in 1925 for the McRae-Burns Furniture Company and purchased in the 1930s by the Augustine family and used for a scrap metal business for over 60 years; that the present owner purchased the structure in 1998; that the structure has been nominated as a structure of historic significance as an important commercial building vital to the early hub of community activity in the Overtown District. Mayor Cardamone requested that City Staff come before the Commission for the City's presentation. Jane Robinson, Director of Planning and Development, came before the Commission and stated that proposed Ordinance No. 99-4133, unanimously recommended for approval at the March 9, 1999, Historic Preservation Board meeting, is a request to designate the commercial building located at 1385 Fifth Street and 1364, 1370 and 1376 Fifth Way as a structure of historic significance pursuant to the City's historic preservation ordinance; that the structure lies between Fifth and Sixth Streets, immediately west of Central Avenue; that the Staff from Sarasota County Department of Historical Resources found that the structure exhibits integrity of location, design, setting, materials, workmanship, and association and meets the following criterion contained in Section IV-806(A) (1), Zoning Code (1998): (1) Exemplifies or reflects the broad cultural, political, economic, or social history of the City of Sarasota, Sarasota County, the State of Florida or the United States of America . Ms. Robinson stated that the property exemplified this criterion by being a long-standing commercial building in the historic Overtown neighborhood, Sarasota's first Black settlement; that the Commission can make a decision based on viewing a record of the report and listening to public testimony or continue the public hearing until such time as County Staff is available to answer questions. Mayor Cardamone stated that hearing no objections, the public hearing will continue at this time. Mayor Cardamone requested that Affected Persons come before the Commission. City Auditor and Clerk Robinson stated that no Affected Persons have signed up to speak. Mayor Cardamone requested that other Interested Persons come before the Commission. City Auditor and Clerk Robinson stated that no other Interested Persons have signed up to speak Mayor Cardamone requested that the Applicant, City and Affected Persons come before the Commission for rebuttal. City Auditor and Clerk Robinson stated that neither the Applicant, the City, nor Affected Persons have any rebuttal. BOOK 46 Page 18266 05/03/99 6:00 P.M. BOOK 46 Page 18267 05/03/99 6:00 P.M. Mayor Cardamone requested Commissioner supplemental remarks, if any. Commissioner Mason asked if the historic designation includes the three bungalows located at 1364, 1370 and 1376 Fifth Way? City Attorney Taylor stated no. Commissioner Mason stated that the bungalows at 1364, 1370 and 1376 Fifth Way are apparently included in the proposed ordinance; and asked if the addresses should be removed? Ms. Hartig stated that the addresses 1364, 1370 and 1376 Fifth Way should not be included in proposed Ordinance No. 99-4133; that the historic designation is requested for 1373 to 1385 Fifth Street. Mayor Cardamone stated that the Commission appreciates the remarkable restoration work on several buildings spearheaded by Mr. and Mrs. Ball; that the restorations provide an exemplary method of saving privately-owned buildings of historic significance. Commissioner Mason stated that she was born in the Overtown District and appreciates the rehabilitative work performed by Mr. and Mrs. Ball; that Jencie Davis who is present in the audience shares the same expression of gratitude. Commissioner Quillin stated that Community Development Block Grant (CBDG) funds were also used in performing the rehabilitative work in the Overtown District. Mayor Cardamone closed the public hearing. City Audit tor and Clerk Robinson read proposed Ordinance No. 99-4133 by title only. On motion of Commissioner Quillin and second of Commissioner Hogle, it was moved to pass proposed Ordinance No. 99-4133 on first reading. Mayor Cardamone called for a vote on the motion to pass proposed Ordinance No. 99-4133 on first reading and requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (5 to 0): Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes; Hogle, yes. Vice Mayor Pillot stated that the City Auditor and Clerk and his Staff continually provide the necessary relevant information for the Commission, i.e., an outline for each specific item in the complex quasi-judicial public hearings; that the efforts are appreciated by all the Commissioners. 15. CITIZENS' INPUT CONCERNING CITY TOPICS AUTHORIZED A REASONABLE AMOUNT OF FUNDS FOR OPENING/ CLOSING THE DOORS, OVERSIGHT, AND MAINTENANCE OF THE RESTROOMS AT THE MAIN STREET DEPOT PROPERTY; AGREED THAT COMMISSIONERS MASON AND QUILLIN WILL REPRESENT COMMISSION AT SHRINERS PARADE ON SATURDAY, MAY 8, 1999 (AGENDA ITEM VI) #2 (0086) through (0347) Paul Thorpe, Executive Director, Downtown Association of Sarasota, 1818 Main Street (34236), came before the Commission. Mayor Cardamone stated that the Economic Development Breakfast of May 3, 1999, was personally attended; that the City was proudly portrayed as Mr. Thorpe spoke of the healthy economy of the Downtown area. Mr. Thorpe stated that the Downtown Association is concerned about the vacant Main Street Depot; that recently fights have taken place on the property; that the Commission's assistance is requested to ensure the empty facility is properly maintained; that the Downtown Association has indicated a willingness to cooperate with the City sO events can take place at the mall during holidays and special occasions, i.e., First Friday of the Month events; however, oversight of the City is necessary; that the goal is to create a lively atmosphere which will draw people to the Downtown area. Mayor Cardamone stated that the vacant Main Street Depot is problematic for the City; that criticism was personally received for suggesting the West End Bar & Grill place inexpensive furniture on the northeast end of the mall and begin restaurant service while in lease negotiations; that a suggestion is for the Administration to work with the Downtown Association to provide for some activities such as First Fridays of the Month events. Mr. Thorpe stated that the Sarasota Farmers' Market's 20th Anniversary event of April 24, 1999, was well received; that holding a First Friday of the Month event at the mall is one suggestion; however, assistance from the City is necessary. City Manager Sollenberger stated that upon Commission approval, arrangements to hold events at the mall can be made with the Downtown Association while ownership issues are being resolved on the Main Street Depot property. Mr. Thorpe stated that a stage stored on the Main Street Depot property is owned by the Downtown Association and could be used for entertainment purposes. BOOK 46 Page 18268 05/03/99 6:00 P.M. BOOK 46 Page 18269 05/03/99 6:00 P.M. Commissioner Quillin stated that personal discussions have been held with Downtown merchants at the Farmers' Market on Saturday mornings; that one of the main problems is the lack of restroom facilities; and asked if the Downtown Association is willing to assist by opening/closing and maintaining the restrooms? Mr. Thorpe stated that the condition of the restrooms is unknown; that portable toilets might resolve the problem of restrooms . Commissioner Quillin stated that many people would find portable toilets Downtown unacceptable; that the West End Bar & Grill, upon lease approval, might be able to work out a solution with the Downtown Association, which should consult area merchants on presenting a First Friday of the Month event. Vice Mayor Pillot stated that an arrangement between the Downtown Association and the Administration is a good idea; that the Commission should authorize the City Manager to provide a reasonable amount of funds for opening/closing the doors, oversight, and maintenance of the restrooms. Mayor Cardamone stated that hearing the Commission's agreement, the City Manager is authorized to provide a reasonable amount of funds for opening/closing the doors, oversight, and maintenance of the restrooms at the Main Street Depot property. Mayor Cardamone stated that the time lost during the failed lease negotiations is unfortunate. Mr. Thorpe stated that the Downtown Association will be happy to work with the Administration to resolve the problems associated with the vacant Main Street Depot property. Mr. Thorpe continued that volunteers are requested to attend the parade sponsored by the Florida Shrine Association Convention 1999 Parade on Saturday, May 8, 1999. Commissioners Mason and Quillin stated that both will represent the Commission at the Florida Shrine Association Convention 1999 Parade at 9:30 a.m., commencing at the intersection of US 301 and Main Street. 16. UNFINISHED BUSINESS: REPORT RE: STATUS OF URBACULTURE PROJECT = REQUESTED ADMINISTRATION TO WORK WITH FLORIDA HOUSE INSTITUTE FOR SUSTAINABLE DEVELOPMENT (FHI) AND CODE ENFORCEMENT OFFICE AND REPORT BACK TO THE COMMISSION (AGENDA ITEM VII) #2 (0347) through (3077) V. P. Schneider, Deputy City Manager, came before the Commission and stated that at the April 19, 1999, Regular Commission meeting, the Commission asked for a status report on the Urbaculture Project which is located on the former dump or brownfield site bounded on the north by Dr. Martin Luther King, Jr. (MLK) Way, on the west by Marian Anderson Place, on the south by 21st Street, and on the east by the City limits; that the Staff report will consist of the boundary survey, the proposed site plan, code enforcement action and existing uses. Nancy Carolan, Director, General Services Department, and Karin Murphy, Senior Planner, Planning and Development Department, came before the Commission. Ms. Murphy stated that at the April 7, 1999, Development Review Committee (DRC) meeting, the Site Plan submitted by the Florida House Institute For Sustainable Development (FHI) was found deficient based on a lack of necessary information for review by the Development Review Committee (DRC) ; that a letter dated April 10, 1999, to the FHI outlined the information required by the DRC; that the primary item missing from the application was a proposed use consistent with the lease approved by the Commission; that additionally, the Urbaculture/Plorida Farm Learning Center Site Plan was found insufficient as follows: 1.No signed and sealed survey of site was submitted. 2.No detailed information for hours of operation for each of the activities which will be conducted on site was submitted. 3. An explanation of the reason the Farmer's Market is indicated without the production component is required. 4. Use of the new conditional use and site plan numbers is required on all materials submitted. Ms. Murphy continued that although no uses are currently allowed on site, urbaculture may be allowed after major conditional use approval by the Commission; that the current site plan indicates a three-acre parcel on the northern portion is part of the total 19 acre site; that the site plan shows an educational building and a Farmers' Market area; that no Urbaculture Project is shown on the site plan; that the only items allowed to be sold under the current lease agreement at the Farmers' Market are items grown on site. Ms. Murphy further stated that Staff suggested to FHI ways for the development to proceed through gradual phasing of uses; that regulatory standards must be in place for uses even on a small scale; that some uses currently conducted, without Commission approval and compliance with regulatory standards, include a composting facility; that composting, while seemingly an innocuous use, requires a water source such as a well especially during the dry season and areas available for stockpiling, particulate abatement and vermin control; that Staff has worked extensively with the County's Agricultural Extension Agent on ways to control vermin; that the site plan could be modified with BOOK 46 Page 18270 05/03/99 6:00 P.M. BOOK 46 Page 18271 05/03/99 6:00 P.M. the Learning Center presenting a limited number of activities at the outset until further uses are defined; that a number of regulatory standards are in place on the site which affect the items which may be grown and sold at the proposed Farmers' Market; that flowers could be sold on a small-scale at first and would provide an image of success to the surrounding community; that certain information consistent with the terms of the lease such as hours of operation and proposed use is required by the DRC prior to submitting the site plan for Commission approval. Ms. Carolan stated that the FHI will require a boundary survey as part of the Design Review Committee and Planning Board/Local Planning Agency (PBLP) approval process once the use issues are adequately addressed; that the City estimates a cost of approximately $3,200 for the boundary survey; that the FHI requests the City undertake the survey; that the survey is important both to the City and FHI to ensure the uses on the property take place within the boundaries of the property designated in the lease; that no current boundary survey is known to exist. Ms. Carolan referred to a sketch entitled Exhibit "A" of the lease agreement for the Urbaculture Project site which depicts the boundary description; and stated that Exhibit "A" should be amended to comply with Ordinance No. 80-2422 which annexed the easterly 135-foot portion of the leased property into the City limits; that while the legal description in the document is correct, the Exhibit "A" sketch is incorrect; that the amendment can be made as a Consent Agenda item at the May 17, 1999, Regular Commission meeting. Ms. Carolan continued that two businesses have inquired about the possibility of purchasing a three-acre portion of the leased property; that the inquiries have been sent to FHI for review and consideration as the property is encumbered by a lease position; that the interested businesses are Owen Motors, Inc., and Mr. Formal, a tuxedo rental company; that a survey of the boundaries of the urbaculture site will be very important if any offers of purchase are seriously considered. Timothy Litchet, Director of Building, Zoning and Code Enforcement, came before the Commission and referred to the Official Code Enforcement Notice of March 18, 1999, addressed to the Florida House Institute for Sustainable Development (FHI) concerning the existence of inoperable vehicles and accumulated junk, i.e., wood pallets, on the Urbaculture Project site. Mr. Litchet referred to pictures of inoperable vehicles, i.e., a barbecue drum and a trailer, and hundreds of wood pallets placed on the Urbaculture Project site; and stated that the site has not been managed properly and does not comply with City standards; that John Lambie, Director of FHI, and other FHI representatives have begun work to correct the cited violations; that Owen Motors, Inc., first cleared a portion of the site to store used cars; that the City is unaware if permission was granted to the dealer by FHI; that Owen Motors, Inc., removed the vehicles stored illegally on the site, and the City fenced the area; that inoperable vehicles were found on the site which are not consistent with City Code standards; that some vending and barbecue activities have taken place; that the main concern is the hundreds of wood pallets which were dumped on the site; that the City requested removal of the pallets which has not been accomplished to date; that Mr. Lambie is working on a solution to remove the pallets; that an appearance of FHI before the Code Enforcement Special Master is scheduled for Thursday, May 13, 1999. Mayor Cardamone asked if the identity of the person responsible for placing the wood pallets on the site is known? Mr. Litchet stated that Mr. Lambie, who is present, approved the placement of the wood pallets and will explain the circumstances; that code enforcement officials must enforce the rules and regulations with tenants; that the City, as the landlord, is expected to maintain the same standards as other landlords. Commissioner Hogle requested the City Attorney comment concerning the advisability of allowing Mr. Lambie to speak on behalf of FHI when a code enforcement hearing is pending? City Attorney Taylor stated that the issue is a code enforcement matter rather than a litigated matter and can be resolved within the City's code enforcement procedures; that Staff's recommendation concerning testimony is acceptable; however, on a cautionary note, a record is being made of statements made by the Commission. Mr. Litchet stated that discussions have been held with Mr. Lambie; that a solution concerning the wood pallets will likely be developed with the Code Enforcement Special Master. Vice Mayor Pillot stated that Commissioners' opinions could influence the Special Master; therefore, the Commissioners should speak cautiously. Mr. Litchet stated that Mr. Lambie has acknowledged the problem of the wood pallets and plans to take responsibility for removal; that the Special Master will not likely be influenced by Commissioners' statements and will take the appropriate action at the code enforcement hearing. Commissioner Quillin asked if the City is the leaseholder? BOOK 46 Page 18272 05/03/99 6:00 P.M. BOOK 46 Page 18273 05/03/99 6:00 P.M. City Attorney Taylor stated that the City owns the property and FHI is the tenant. Commissioner Quillin stated that as landlord, the City must remedy any code violations; therefore, the Commissioners' opinions should make no difference. Mr. Litchet referred to a memorandum dated April 8, 1999, from Mr. Schneider to the DRC which outlines specific sections of the lease agreement; and stated that the lease must be amended if uses other than those allowed in the lease agreement will be undertaken by FHI; that the Staff report is concluded and no action is requested of the Commission. John Lambie, 401 Dona Drive, Nokomis (34275), Director, Florida House Institute for Sustainable Development t (FHI), and Maceo McAdams, representing the Greater Newtown Community Redevelopment Corporation (GNCRC) Economic Development Board came before the Commission. Mr. Lambie distributed copies of the Urbaculture Project proposal, including the vision statement, goals, site plan, and target population, to the Commission, and placed several board displays on easels; and stated that 20 years ago, a group of local citizens had a vision of creating an urban agricultural research and education program; that the group proposed a project known as "The Oaks" which is part of Palmer Ranch; that two years ago Dr. Richard Hailer, then Director of FHI, returned from the United Nations Habitat Conference in Istanbul, Turkey, excited about urban agriculture which produces approximately one-third of the earth's food; that agriculture linked economically between the farm and the urban area served is called "sustainable urban/rural enterprise", that a meeting was held with then- Commissioner Dupree; that several alternative sites for the urban agriculture project were discovered on trips throughout the City; that the site chosen is the former community dump bounded on the north by Dr. Martin Luther King, Jr. (MLK) Way, on the west by Marian Anderson Place, on the south by 21st Street, and on the east by the City limits; that the Commission granted FHI a 5-year lease, with a 5-year renewable option, with the intent to continue well into the future. Mr. Lambie continued that as agriculture is disappearing in Florida, a demonstration project similar to FHI, an example of suburban/urban agriculture land use, is suggested; that an urbaculture project in the Newtown community will create a cultural link through community development and revitalization; that a $69,000 grant was obtained from the Southwest Florida Water Management District (SWFWMD) to bring reused water to the urbaculture project site and for preliminary site work; that no regulatory guidelines existed for redeveloping brownfields; that work began with the assumption SWFWMD would supply surface and ground water permits; that Resource Conservation & Development (RC&D), the former Soil Conservation Service, assisted FHI with a farm plan based on drainage profiles; that a working farm plan was believed ready to commence; that the late Jack Conway, President and Chief Executive Officer of the Community Housing Corporation (CHC), had a relationship with the solar industry and assisted FHI in forming a partnership with Energy Conversion Devices, Sustainable Energy Systems, and the Department of Energy to build integrated roofs which generate electricity and keep out rain; that the idea is for an urbaculture project to serve as an economic incubator for companies to display technology and build markets for innovative products in the same fashion as FHI serves as an incubator for approximately 300 residential construction companies. Mr. Lambie referred to the display board depicting a site plan of the Florida Farm Learning Center; and stated that a building permit is requested for the 700-square-toot building designed to produce products for an export market, funded by the Department of Energy (DOE) and an additional "capping" grant from the Selby Foundation; that as commitments have been received from building suppliers, etc., the early strategy for FHI was to attain some success for the demonstration farm; that as the need for approvals by the City for agricultural uses as well as approvals from RC&D, SWFWMD, and DOE was unknown at the outset, the original building permit application was submitted for the site for the Learning Center and community market place only. Mr. Lambie referred to the Urbaculture Project site plan; and stated that the Plan includes all of the potential uses on the Urbaculture Project site; that DOE originally indicated little interest but in July 1998 issued proposed regulations for redeveloping brownfields; that SWFWMD had indicated possession of regulatory powers; that permits would be issued by the City based on the site plan; that RC&D provided a drainage plan which was satisfactory to SWFWMD; therefore, FHI believed only Engineering Department approvals were required to begin the project; that on July 28, 1998, DOE asserted regulatory oversight of SWFWMD, which subsequently stopped grant funds and a new relationship with DOE was begun; that Ardaman Associates, a local Engineering firm, assisted FHI in working out protocols on surface, ground water and other contaminants; that six months passed before a grant was submitted for Phase I testing of permanent monitoring of wells and some soil testing due to the complexity of the problems and the inexperience of the people involved with the Urbaculture Project; that the results will reveal the existence of any noxious contaminants; however, the tests will not reveal where the materials exist in the soil; that the site has been closed for 35 years which was prior to the era of indiscriminate dumping of chemicals, etc.; therefore, few contaminants will likely be found; that the testing is funded by a $50,000 Environmental Protection Agency (EPA) Brownfields Assessment Program grant; BOOK 46 Page 18274 05/03/99 6:00 P.M. BOOK 46 Page 18275 05/03/99 6:00 P.M. that the EPA has selected a contractor; that the work is expected to commence in the near future; that another grant has been submitted for $200,000, the maximum allowed for a Brownfield Community Economic Redevelopment and Assessment Grant and is under review by the EPA; that if successful, the grant will allow in-depth soil testing; that the development applications will be resubmitted to the City on May 4, 1999, including a revised site plan and survey. Commissioner Quillin asked if the survey refers to the boundary survey which the City is requested to fund? Mr. Lambie stated yes. Commissioner Hogle stated that a $69,000 grant from SWFWMD was mentioned; and asked if the funds have been received by FHI? Mr. Lambie stated yes; that the funded work has been done. Commissioner Hogle asked the nature of the work sO the results can be personally viewed? Mr. Lambie stated that little evidence is visible except the clearing of acreage as the work entailed bringing a reuse water line, a 6-inch main, a valve and a 2-inch irrigation header from the west side of US 301 under the highway and onto the site. Commissioner Mason stated that answers are requested to the following issues and/or questions: an estimated timeline so a response may be given to the many people asking questions concerning the Urbaculture Project a periodic report to the Commission from FHI including information on delays due to environmental concerns, etc., which were known almost one year ago and which will delay commencing the urbaculture project information concerning the expected uses of the two businesses which submitted inquiries to purchase three acres of the Urbaculture Project site information on plans to allow composting on the site which could negatively affect nearby houses and businesses Commissioner Hogle asked if any permanent structures have been installed on the property over the last eighteen months other than the water line? Mr. Lambie stated no. Commissioner Hogle stated that concern exists over lack of a business plan which would indicate the benefits of the Urbaculture Project site; that personal support will not be forthcoming until a workable business plan is presented including a timeframe. Commissioner Quillin stated that the dumping of vehicles on the site is difficult to control; and asked the origin of the hundreds of wood pallets and the use of the pallets? Mr. Lambie stated the placement of the pallets on the site was personally approved; that approximately one year ago Reverend Stanford Perkins attended one of the weekly Tuesday GNCRC meetings and requested permission to store the wood pallets on the site as part of a youth group activity for a pallet recycling business; that the indication was the pallets could be rehabilitated and reused producing economic value; that initially the request was denied due to lack of a business plan and permitting; that plans were submitted by Reverend Perkins and strongly backed by the community; that personal permission was granted with approval of the GNCRC Economic Development Board to store the pallets; that storage of pallets appeared an innocuous interim measure which would provide a healthy and possibly profitable venture for youths in the community; that currently the remaining pallets, packing materials, etc., have little economic value; that two options for removing the pallets are: 1) placing the pallets in dumpsters and paying the tipping fee, or 2) renting a grinder and grinding the pallets on site; that the healthy building economy in Florida means no grinders are available at present; however, negotiations are taking place with a grinder company from Georgia. Mayor Cardamone asked if the person responsible for placing the wood pallets on the site is responsible for paying the cost of removal? Mr. McAdams stated yes; that efforts are being made to require Reverend Perkins to take responsibility for removing the wood pallets; that the number of the pallets was small at first and only became a problem a few weeks ago; that he and other volunteers have spent much time endeavoring to Clean up the site; however, a concern is the City's code enforcement action is the result of complaints made by Owen Motors, Inc., which has inquired about purchasing 3 acres of the site. Mr. Schneider stated that Owen Motors, Inc., approached the City with a stated desire to purchase three acres for additional vehicle storage; that Mr. Formal also has inquired about purchasing a portion of the property for additional parking. Mr. Lambie stated that no permission was granted to Owen Motors, Inc., to clear, store vehicles, or have access to the land. Vice Mayor Pillot referred to the letter dated March 18, 1999, to Mr. Lambie from Mr. Litchet concerning code violations on the Urbaculture Project site; and stated that the problem concerning BOOK 46 Page 18276 05/03/99 6:00 P.M. BOOK 46 Page 18277 05/03/99 6:00 P.M. the numerous pallets on the site is not a recent problem; that personal agreement is expressed with the following statement in the letter: My major concern is that if you are having this much trouble controlling the property before it has been developed, then I don't know how we can expect better results once a development approval is received. Vice Mayor Pillot stated that cancelling the lease will be supported if the question is not answered adequately. Mr. Lambie stated that permission was personally granted for all uses existing on the site with the exception of the request of Owen Motors, Inc.; that no vandalism or dumping has occurred; that many community volunteers have contributed many hours to police, clean up and lay mulch on the site which was a former dump and is still a dump; that no local monies have been contributed except one grant from the Selby Foundation; that local foundations have turned down requests for grants as the Urbaculture Project does not fit normal parameters; that the condition of the site has been improved considerably from two years ago. Vice Mayor Pillot stated that conditions of the property two years ago are irrelevant as FHI knew the condition when a request was made for a lease; that the question regarding the statement made in the March 18, 1999, letter was not answered. Mr. Lambie stated that a personal judgment was made to allow a local minister to recycle pallets on the site; that the excessive number of pallets placed on the site was unexpected; that personal responsibility is taken for removal of the pallets prior to the code enforcement hearing of May 13, 1999; that an open, beautiful site is planned for the Newtown community; that fencing, lighting and guard dogs for the site are not desired; and referred to the site plan which indicates berms and gates will be installed to control access to the site. Commissioner Mason stated that the City owns the property; therefore, clarity is necessary on allowed uses for the Urbaculture Project site; that the understanding is FHI would be required to obtain Commission approval for uses not outlined in the lease; that the City's requirements may not have been understood; that the wood pallet issue appears simple to resolve, i.e., the pallets are not allowed and should be removed within a certain timeframe; that the main issue is the perception that nothing has been done on the site; that the Newtown community will be disillusioned if no substantial progress is made; that the Newtown community is often mistrustful; therefore the interest level will not only drop but will be difficult to resurrect unless evidence of progress can be seen; that FHI should provide a timeframe and begin the project. Commissioner Quillin agreed; and stated that the community should be applauded for efforts to clean up the former dump; that other projects have been attempted and failed; that the Urbaculture Project is a good concept for producing agriculture; that permitting and soil testing problems have stalled the project; and asked if the Farmers' Market is open which would serve as an interim allowable use? Mr. Lambie stated that permitting is required before a Farmers' Market can be opened. Commissioner Quillin asked if the area is cleared enough to set up the Farmers' Market? Mr. Lambie stated yes. Commissioner Quillin asked if people could bring in trailers, etc., with produce? Vice Mayor Pillot stated no; that only produce grown on site is allowed under the terms of the lease. Commissioner Quillin asked if the Commission can vote to amend the lease sO produce grown elsewhere can be sold during the interim stages of the Urbaculture Project and if ornamental flowers may be grown on the property now? Mr. Lambie stated yes. Commissioner Quillin asked if hydroponics may be grown on the property? Mr. Lambie stated yes; that the growing of hydroponics has begun. Commissioner Quillin stated that the Commission and the community must see promises kept and evidence of progress made by setting up a Farmers' Market so people will become accustomed to visiting the site and commit to help as more uses are permitted; that Reverend Perkins should be asked to enlist the youth group to remove the wood pallets or reconstruct the pallets as produce stands for the Farmers' Market. Mayor Cardamone stated that the Commission is likely to give limited support if FHI can provide a brief outline on ways to work with the Administration. Mr. Lambie stated that a timeline was issued at the outset of the project and revised several times thereafter; that a new timeline and a regular status report will be provided the Commission; that much time and effort has been expended in establishing a relationship with Florida A&M University concerning the business of developing an integrated farm plan including hydroponic BOOK 46 Page 18278 05/03/99 6:00 P.M. BOOK 46 Page 18279 05/03/99 6:00 P.M. greenhouses, aquaculture, permaculture, flowers, etc.; that engineering and design aspects are very complex to accomplish site drainage, i.e., a 6,000-square-foot greenhouse; that a timeframe on the Phase I development and the research program is on target; that a small grant was provided by the Department of Community Affairs (DCA) for site planning for the demonstration projects; that no one is supporting composting which would be smelly or noxious to the surrounding community; that future building permits on other portions of the site will be requested as deemed appropriate following the results of the tests for soil contaminants. Mr. McAdams stated that the responsibilities of the FHI, the GNCRC, and members of the Newtown community for the Urbaculture Project are being developed; that the involvement of the City, the County and the State is required; that the complex issues are more than can be handled by one person; that community volunteers are working to keep the site clean; that a shade house has been constructed sO ornamental flowers can be grown; that negotiations are in process to have planting soil brought onto the site; that work is being done on the site; that a proposal concerning the agriculture business was made to the Argus Foundation, which may provide financial assistance. Mayor Cardamone stated that the Urbaculture Project has been personally supported; that the delays are disappointing; that the community has not abandoned yet the idea; however, the frustration level is high; that the desire is to elicit community support to remove the wood pallets; that several aspects of the Urbaculture Project plan should be addressed before Commission support is forthcoming. The following person came before the Commission: Reverend Stanford Perkins, 1348 32nd Street (34234), distributed copies of a "Zig Zag Recyclable" proposal dated February 1, 1999; and stated that the wood pallets are not junk; that many items can be created out of the wood; that a company in California uses the lumber to make tables; that rebuilding and reusing the lumber has provided job opportunities for 2,600 people and could bring much revenue into the Newtown community; that no personal monetary gain is expected; that $1,500 has been personally invested in efforts to clean up the site; however, more time is necessary to remove the wood pallets; that efforts have been made to recruit a company to grind the unusable wood; that much time has been spent creating a positive work opportunity to counteract the drug culture which exists in the Newtown community; that Owen Motors, Inc., has made complaints since a request to store vehicles was denied; that a 45-day extension of time is necessary for removal of the wood pallets. Mayor Cardamone stated the Commission has no authority over code enforcement issues. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to request that Administration work with the FHI and the Code Enforcement Department concerning the Urbaculture Project. Commissioner Quillin stated that a quarterly status report is desired; that Staff should report back to the Commission concerning the possibility of opening a Farmers' Market sO the community can see a profit-generating activity while cleanup continues on the site. Commissioner Mason stated that the Administration should be encouraged to work with FHI to support GNCRC's proposal to open a Farmers' Market; however, ample parking should be in place before opening the Farmers' Market. Mr. Schneider stated that the lease requires the site plan be reviewed under the DRC process and approved by the Commission prior to making any improvements on the site; that the Administration will work with FHI to work out existing problems; that realistically a Farmers' Market will succeed only if the lease is amended to allow a greater volume of produce than the current lease allows. Vice Mayor Pillot stated that a lease amendment would not be supported personally until the Administration reports to the Commission of adequate corrections made to the existing problems and the demographics for a Farmers' Market are presented and accepted with conditions in place for enforcement. Mayor Cardamone called for a vote on the motion to request the Administration work with FHI and the Code Enforcement Department concerning the Urbaculture Project and report back to the Commission. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 17. BOARD APPOINTMENTS: APPOINTMENT RE: : METROPOLITAN PLANNING ORGANIZATION (MPO) CITIZENS I ADVISORY COMMITTEE REAPPOINTED JOHN TERAN AND TOLLYN TWITCHELL (AGENDA ITEM IX-1) #2 (3077) through (3097) City Auditor and Clerk Robinson stated that the terms of John Teran and Tollyn Twitchell as the City appointees to the Citizens Advisory Committee of the Sarasota/Manatee Metropolitan Planning Organization (MPO) have expired; that each is eligible for and has expressed an interest in reappointment. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to reappoint John Teran and Tollyn Twitchell to the BOOK 46 Page 18280 05/03/99 6:00 P.M. BOOK 46 Page 18281 05/03/99 6:00 P.M. MPO Citizens' Advisory Committee. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 18. BOARD APPOINTMENTS: APPOINTMENT RE: PLANNING BOARD/LOCAL PLANNING AGENCY (PBLP ) REAPPOINTED DEVIN RUTKOWSKI, ROBERT LINDSAY AND LOU ANN PALMER (AGENDA ITEM IX-2) #2 (3097) through (3115) City Auditor and Clerk Robinson stated that the terms of Devin Rutkowski, Robert Lindsay and Lou Ann Palmer on the Planning Board/Local Planning Agency (PBLP) have expired; that each is eligible for and has expressed an interest in reappointment. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to reappoint Devin Rutkowski, Robert Lindsay and Lou Ann Palmer to the Planning Board/Local Planning Agency (PBLP). Commissioner Quillin stated that personal attendance at PBLP meetings reveals some Board members are often absent; that a suggestion for the future is expanding membership to a seven- member Board; and asked if the Commission has received the attendance records of candidates for reappointment to the PBLP? Mayor Cardamone stated that recently an attendance sheet was distributed to the Commission; that a seven-member Board is favored as well; that a copy of the attendance sheet along with the applications would be appropriate; that minutes of the PBLP meetings over the past year reveal an average attendance of four members. Mayor Cardamone called for a vote on the motion to reappoint Devin Rutkowski, Robert Lindsay and Lou Ann Palmer to the PBLP Board. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 19. BOARD APPOINTMENT RE: NUISANCE ABATEMENT BOARD - REAPPOINTED SANDRA VAUGHN, GLENDA MOCK AND DANNY BILYEU (AGENDA ITEM IX-3) #2(3157) through (3260) City Auditor and Clerk Robinson stated that the terms of Sandra Vaughn, Glenda Mock and Danny Bilyeu on the Nuisance Abatement Board have expired; that each is eligible for and has expressed an interest in reappointment. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to reappoint Sandra Vaughn, Glenda Mock and Danny Bilyeu to the Nuisance Abatement Board. Commissioner Quillin stated that the majority representation on the Nuisance Abatement Board is apparently from District 1; that the Board should be representative of the City; that no representation exists from District 2 or District 3; that the Commission should reexamine the Board make up; that a vacant seat exists for which no replacement has been made. City Manager Sollenberger stated that Mr. Bilyeu represents District 3. Mayor Cardamone stated a personal recollection is the Nuisance Abatement Board represents areas where problems occur rather than representative of the entire City. Vice Mayor Pillot agreed; but stated that more diverse representations should be considered in future appointments. Mayor Cardamone called for a vote on the motion to reappoint Sandra Vaughn, Glenda Mock and Danny Bilyeu to the Nuisance Abatement Board. Motion carried unanimously (5 to 0): Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - SCHEDULED A COMMUNITY WORKSHOP FOR JUNE 9, 1999, FROM 6 TO 9 P.M.; CANCELLED THE JUNE 21, 1999, REGULAR COMMISSION MEETING; REQUESTED THE ADMINISTRATION PLACE A SIGN IN THE COMMISSION CHAMBERS REQUESTING CELLULAR TELEPHONES BE LEFT OUTSIDE OR TURNED OFF (AGENDA ITEM x) #2 (3260) through #3 (0170) COMMISSIONER QUILLIN: A. stated that the Commission Rules of Procedures indicate a Community Workshop should be held prior to the Goalsetting Workshop scheduled for June 14, 1999; and asked the date of the workshop? City Manager Sollenberger stated that no workshop has been scheduled. Commissioner Quillin stated that the workshop is required. City Auditor and Clerk Robinson cited Rule No. IV-A of the Commission Rules of Procedures which were adopted by resolution as follows: IV-A The City Commission shall hold an annual Community Workshop and a Goalsetting Workshop. The Community Workshop shall be held prior to the Goalsetting Workshop to obtain input from citizens prior to the Commission's setting annual goals. The location of the Community Workshop shall rotate annually among the three districts. BOOK 46 Page 18282 05/03/99 6:00 P.M. BOOK 46 Page 18283 05/03/99 6:00 P.M. City Manager Sollenberger stated that a Community Workshop could be scheduled prior to the Goalsetting Workshop scheduled on June 14, 1999. City Auditor and Clerk Robinson stated that the 1998 Community Workshop was held at Sarasota High School. Vice Mayor Pillot asked if the 1998 Community Workshop was held subsequent to the Goalsetting Workshop? City Auditor and Clerk Robinson stated the 1998 Community Workshop was held in February 1998; that a Goalsetting Workshop was not held in 1998. Mayor Cardamone asked if a Community Workshop could be scheduled in the Commission Chambers on Saturday, June 12, 1999? City Manager Sollenberger stated that June 12, 1999, is acceptable; that the Commission Chambers is a good choice for the workshop as the acoustics are better than at most school locations, etc.; that workshops held in neighborhood settings have not been well attended; that a strong turnout could be assured if each Commissioner personally invites 10 people from the community. Commissioner Quillin stated that information concerning proposed projects such as Capital Improvement Projects (CIP) should be made available by Staff for the Community Workshop to apprise the community of current neighborhood proposals. Mayor Cardamone stated that the Community Workshop can be awkward if goals promised previously have not been met; that a reluctance to change major goals exists; that a suggestion is to hold an open-ended community "talk" to discuss a variety of issues and ask the level of contentment concerning goals rather than make a list of new goals. Commissioner Quillin stated that redefining or making new goals is not the intent; that the goals should be refined to reflect input received during the Community Workshop to please the community rather than accepting Staff's perception of community desires; that the Community Workshop can assist the Commission in upholding the responsibility to work with the community concerning City programs. Commissioner Hogle stated that a June 5, 1999, meeting date is preferable as a previous teaching commit tment has been made for June 12, 1999. Mayor Cardamone stated that the Coalition of City Neighborhoods (CCNA) meeting is scheduled for June 5, 1999, and if the Coalition agrees, perhaps the Community Workshop could be added to the CCNA Agenda. city Manager Sollenberger stated that an alternative time to schedule the Community Workshop is in the evening from 6 to 9 p.m. Commissioner Hogle left the Commission Chambers at 9:02 p.m. and returned at 9:04 p.m. Mayor Cardamone stated that the Community Workshop could be scheduled on June 9, 1999, at 6 p.m. in the Commission Chambers. Mayor Cardamone stated that hearing the Commission's agreement, the Community Workshop will be scheduled for June 9, 1999, from 6 to 9 p.m. in the Commission Chambers. Vice Mayor Pillot stated that a possible conflict exists on June 9, 1999; however, the Community Workshop should proceed. MAYOR CARDAMONE: A. stated that a sign should be placed in the Commission Chambers requesting cellular telephones be left outside or turned off. Mayor Cardamone stated that hearing the Commission's agreement, the Administration is requested to place a sign in the Commission Chambers requesting cellular telephones be left outside or turned off. B. stated that only three Commissioners are available for the June 21, 1999, Regular Commission meeting; that the suggestion is to cancel the meeting. Mayor Cardamone stated that hearing the Commission's agreement, the June 21, 1999, Regular Commission meeting is cancelled. COMMISSIONER MASON: A. referred to a memorandum dated April 14, 1999, from Donald Hadsell, Director of Housing and Community Development to City Manager Sollenberger as follows: Re: Sevilla Park This office (the Department of Housing and Community Development) and the Public Works Department invited the leadership of the Central Cocoanut Neighborhood Association . . . to accompany the engineer during the planning of the neighborhood improvements. Commissioner Mason stated that a correction is necessaryi that a Central Cocoanut Neighborhood Association does not exist; that a BOOK 46 Page 18284 05/03/99 6:00 P.M. BOOK 46 Page 18285 05/03/99 6:00 P.M. neighborhood watch group uses the name; that knowledge of the improvements referenced in the April 14, 1999, letter was discovered at the Commission orientation even though she is an involved member of the neighborhood; that the City should conduct a meeting to advise the neighborhood of projects such as those referenced in the April 14, 1999, letter to maintain the citizens' trust. Mayor Cardamone stated that the City does normally advise neighborhoods of upcoming projects. B. stated that a Town Hall Meeting is scheduled for May 8, 1999, from 9 to 11 a.m. at the Roy McBean Boys & Girls Club; that other meetings will follow if the meeting is successful. 21. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (0170) through (0200) CITY ATTORNEY TAYLOR: A. referred to a letter dated April 29, 1999, from David Persson, Law Firm of Hankin, Persson, Davis & Darnell, representing the Town of Longboat Key, concerning the possibility of a referendum on the John Ringling Bridge; and stated that a response will be made similar to the response given to the Florida Department of Transportation (FDOT) concerning starting a new process and would include discussion on constructing a bridge to Longboat Key. Vice Mayor Pillot stated that the public should be advised the Commission may conduct a referendum only within the City's jurisdiction; that a "City only" referendum concerning the John Ringling Bridge makes no sense as regional and Sarasota County citizens, particularly citizens on Longboat Key, would be unable to vote on the referendum; that the hope is the remark reaches the desk of Attorney Persson. 22. ADJOURN (AGENDA ITEM XII) #3 (0202) There being no further business, Mayor Cardamone adjourned the Regular meeting of May 3, 1999, at 9:07 p.m. trwt - CCaree OTA MOLLIE C. CARDAMONE, MAYOR ATTESTS ILEGE Ratrenson BILLY, EcT ROBINSON, CITY AUDITOR AND CLERK BOOK 46 Page 18286 05/03/99 6:00 P.M.