MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 15, 1999, AT 6:00 P.M. PRESENT: Mayor Jerome Dupree, Vice Mayor David Merrill, Commissioners Albert Hogle and Gene Pillot, city Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Commissioner Mollie Cardamone PRESIDING: Mayor Jerome Dupree The meeting was called to order in accordance with Article III, Section 9(a) of the Charter of the City of Sarasota at 6:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: RETIREMENT AWARD TO GEORGE MCLEOD WHO IS RETIRING FROM THE VAN WEZEL PERFORMING HALL OF ARTS AFTER 15 YEARS OF SERVICE #1 (0072) through (0170) Mayor Dupree requested that George McLeod, Facilities Technician, Van Wezel Performing Arts Hall (VWPAH), join him before the Commission; stated that Mr. McLeod concluded his employment with the City of Sarasota after 15 years; thanked Mr. McLeod for all his efforts and congratulated him on his retirement. Mayor Dupree read the Retirement award in its entirety and presented Mr. McLeod with a plaque. Mr. McLeod recognized his wife Shirley who was present in the audience and thanked the Commission for the plaque. 2. PRESENTATION RE: RETIREMENT AWARD TO GERALDINE RIVERS WHO IS RETIRING FROM THE PUBLIC WORKS DEPARTMENT AFTER 25 YEARS OF SERVICE #1 (0172) through (0280) Mayor Dupree requested that Geraldine Rivers, Administrative Assistant, Public. Works Department, join him before the Commission; stated that Ms. Rivers has concluded her employment with the City of Sarasota after 25 years; thanked Ms. Rivers for all her efforts and congratulated her on her retirement. Mayor Dupree read the Retirement award in its entirety and presented Ms. Rivers with a plaque. Ms. Rivers recognized her daughter Sheryl Crenshaw, son and daughter-in-law Dennis and Kim Hart, and friend Doris Bennett who were present in the audience. Ms. Rivers stated that appreciation is extended to the Commission; that working for the city was an honor and a BOOK 46 Page 18094 3/15/99 6:00 P.M. BOOK 46 Page 18095 3/15/99 6:00 P.M. rewarding experience; that the hope is her "footprints" may lead others to serve the City. 3. PRESENTATION RE: RETIREMENT AWARD TO JUDITH WALLACE WHO IS RETIRING FROM THE FINANCE DEPARTMENT AFTER 13 YEARS OF SERVICE #1 (0280) through (0388) Mayor Dupree requested that Judith Wallace, Accounting Supervisor, Finance Department, join him before the Commission. Gibson Mitchell, Director of Finance, came before the Commission and stated that the Commission's appreciation will be conveyed to Ms. Wallace who was called out of town to assist her daughter-in- law following the birth of twin granddaughters; that Ms. Wallace will be missed; that efforts during 13 years of employment with the City of Sarasota are appreciated. Mayor Dupree read the Retirement award in its entirety and presented the plaque to Mr. Mitchell on Ms. Wallace's behalf. 4. PRESENTATION RE: PROCLAMATION TO RUTH BERKEL, MS. FLORIDA SENIOR CITIZEN 1999, MS. FLORIDA SENIOR CITIZEN PAGEANT, INC. #1 (0385) through (0499) Mayor Dupree requested Ruth Berkel to join him before the Commission; read and presented a proclamation to Ms. Berkel in recognition of her selection as Ms. Florida Senior citizen 1999 in the Ms. Florida Senior Citizen Pageant. Ms. Berkel recognized her husband, Elmer Berkel, former Mayor of Sarasota; and stated that senior citizens provide valuable community services; that many of the City's programs could not flourish without the efforts of senior citizens; that her mission as Ms. Florida Senior Citizen 1999 is to spread the word to senior citizens on the attributes of the City of Sarasota. Mayor Dupree recognized Dr. Dennis Bouressa's Political Science class from Keiser College which was present in the audience to observe a Commission meeting, including employee Mimi Kelley, Administrative Assistant, Code Enforcement Department. 5. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0600) through (0642) city Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove New Business, Item No. VIII-1, Discussion re: Request to adopt proposed Resolution No. 99R-1164, supporting a $5 million State budget appropriation requested by Senator John McKay to be used to allow the National Comedy Hall of Fame to be located in Downtown Sarasota, per the request of Neighborhoods and Redevelopment Director Horwedel. B. Remove New Business, Item No. VIII-2, Adoption re: Proposed Resolution No. 99R-1157, a joint resolution of the City Commission of the City of Sarasota and the Board of County Commissioners of Sarasota County, Florida, establishing responsibilities for the maintenance of County roads located within the City limits, per the request of City Engineer Daughters. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. Mayor Dupree recognized Elizabeth Kelley, present in the audience, and Jencie Davis; and stated both have faithfully attended Commission meetings for the past 13 years; that Ms. Davis is in the hospital; that all expressions of encouragement for her recovery would be appreciated. 6. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETINGS OF FEBRUARY 16, 1999, AND MARCH 1, 1999, AND SPECIAL COMMISSION MEETINGS OF NOVEMBER 10, 1998, AND FEBRUARY 24, 1999 - APPROVED (AGENDA ITEM I- 1, 2, 3 AND 4) #1 (0672) through (0740) Mayor Dupree asked if the Commission had any changes to the minutes. Mayor Dupree stated that hearing no changes, the minutes of the regular Commission meetings of February 16, 1999, and March 1, 1999, and the special Commission meetings of November 10, 1998, and February 24, 1999, are approved by unanimous consent. 7. ÇONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6 - APPROVED (AGENDA ITEM III-A) #1 (0746) through (0770) 1. Approval Re: Proposed Fiscal Year (FY) 1999/2000 Budget Public Hearing scheduled for Tuesday, September 7, 1999, and Monday, September 20, 1999. 2. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute a contract between the city of Sarasota and Dooley & Mack Contractors, Inc., for design services, and authorize the City Manager to negotiate with the Mayor and city Auditor and Clerk to execute a final contract for the renovation of the Rosemary District Police Substation (former Capricorn Lounge) located at 1406 Ninth Street. BOOK 46 Page 18096 3/15/99 6:00 P.M. BOOK 46 Page 18097 3/15/99 6:00 P.M. 3. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute an Agreement between the City of Sarasota and Florida State University, for a Stable Nitrogen Isotope Study to trace sources of nitrogen to Sarasota Bay. 4. Approval Re: Request to hire a contract employee to perform the duties of building inspector and plan examiner. 5. Approval Re: Authorize the City Manager and City Engineer to execute the Disaster Relief Funding Agreement between the City of Sarasota and the State of Florida, Department of Community Affairs, for the Federal Emergency Management Agency (FEMA) Emergency Declaration resulting from Hurricane Georges. 6. Approval Re: Authorize the Mayor to execute an Encroachment Permit granted by the City of Sarasota, to Sarasota County Government for property located at 265 South Orange Avenue. On motion of Vice Mayor Merrill and second of Commissioner Hogle, it was moved approved Consent Agenda No. 1, Item Nos. 1 through 6, inclusive. Motion carried unanimously (4 to 0): Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 8. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NO. 99R-1159) - ADOPTED; ITEM NO. 2 (RESOLUTION NO. 99R-1163 - ADOPTED: ITEM NO. 3 (RESOLUTION NO. 99R-1165) = ADOPTED; ITEM NO. 4 (RESOLUTION NO. 99R-1167) - ADOPTED AND REOUESTED JOINT MEETING BETWEEN THE CITY MANAGER, COUNTY ADMINISTRATOR AND THE SUPERINTENDENT OF THE SCHOOL BOARD OF SARASOTA COUNTY TO SEEK FUNDS JOINTLY FOR RESTORATION OF THE SARASOTA HIGH SCHOOL BUILDING; ITEM NO. 5 (ORDINANCE NO. 99-4113) ADOPTED; ITEM NO. 6 (ORDINANCE NO. 99-4122) - ADOPTED; ITEM NO. 7 (ORDINANCE NO. 99-4123) ADOPTED; ITEM NO. 8 (ORDINANCE NO. 99-4124) - ADOPTED (AGENDA ITEM III-B) #1 (0770) through (1121) Commissioner Pillot requested that Item No. 4 be removed for discussion. 1. Adoption Re: Proposed Resolution No. 99R-1159, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein, etc. (Title Only). 2. Adoption Re: Proposed Resolution No. 99R-1163, appropriating $12,634 from the unappropriated fund balance of the General Fund to fund the hiring of a contract building inspector employee for the period May 1, 1999, through September 30, 1999. 3. Adoption Re: Proposed Resolution No. 99R-1165, amending and supplementing Resolution No. 99R-1158 which authorized the issuance of not to exceed $11,000,000 in aggregate principal amount of City of Sarasota, Florida, Infrastructure Sales Surtax Revenue Bonds, Series 1999; delegating to the Finance Director of the City, under the conditions stated herein, the authority to execute a purchase contract with the underwriters thereby fixing certain details of such bonds; approving the forms of the bond purchase contract, preliminary official statement, and continuing disclosure certificate; appointing a paying agent, bond registrar and escrow holder; taking certain other actions with respect to such bonds, etc. (Title Only). 5. Adoption Re: Second reading of proposed Ordinance No. 99-4113, amending the Zoning Code (1998) as adopted by reference by Ordinance No. 98-4076; setting forth findings as to intent and purpose; amending Article II, Definitions and Rules of Construction; Division 2, Definitions; Section II-201, Definitions; relating to the Definitions of "Floor Area,' - "Front Zoning Lot Line" and "Special Yard"; amending Article III, Decision Making and Administrative Bodies; Division 3, Board of Adjustment; Section III-303, Meetings, Quorum and Required Vote; Division 4, Historic Preservation Board, Section III-403, Meetings, Quorum and Required Vote; and Division 5, Public Art Committee, Section III-503, Meetings, Quorum and Required Vote; Article IV, Development Review Procedures; Division 2, General Procedures; Section IV-202, Notices and Public Hearings; Division 5, Site Plan; Section IV-501, Purpose and Applicability and IV-504, Planning Board Review; Division 11, Rezonings; Section IV-1108, Changes to Rezonings; Division 17, Government (G) Zone Waivers; Section IV-1702, Application Requirements; Article VI, Zone Districts; Division 1, General; Section VI-102, Zone District, Land Use Matrix and General Regulations; Subparagraph (J), Parking and Storage of Certain Equipment, Vehicles, etc. and Subparagraph (P), Height Limitations; Division 3, RMF-1, 2, 3, 4, 5, 6 and 7 Multiple-Family Residential, Section VI-303, Development Standards; Division 20, G-Governmental Use; Section VI-2003, Development Standards, Division 23, WFR Waterfront Resort, Section VI-2303, Development Standards, Division 31, Special Public Interest Overlay Districts, Section VI-3105, Fruitville Gateway Corridor Overlay District, Subparagraph (F), Development BOOK 46 Page 18098 3/15/99 6:00 P.M. BOOK 46 Page 18099 3/15/99 6:00 P.M. Standards, and Section VI-3106, Laurel Park Overlay District, Subparagraph (E), Development Standards; Article VII, Regulations of General Applicability, Division 1, Signs, Section VII-109, Signs Prohibited in all Zoning Districts; Division 2, Off-Street Parking and Loading; Section VII-206, Off-Street Parking Requirements in Special Zone Districts; Division 3, Landscaping and Vegetation; Section VII-302, Applicability; Section VII-304, Bufferyard Requirements and Installation Standards, Amending the Bufferyard Requirements in the Commercial, Central Zone District (C-CBD), Commercial Tourist (CT) and Commercial, Business Newtown (CBN) Zone Districts and Amending the Replacement Standards in Subparagraph (H); Section VII-307, Maintenance Standards; Division 9, Accessory Structures and Uses; Section VII-906, Specific Non- Residential District Accessory Uses and Standards, Subparagraph (T), Non-Profit Bingo; Division 14, Miscellaneous Standards; Table 1402-1, Maximum Intensity of Lighting for Specified Areas, etc. (Title Only). 6. Adoption Re: Second reading of proposed Ordinance No. 99-4122, providing for designation of the structure located at 1911 Oak Street historically known as the Curtiss-Peters House as a structure of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Petition No. 99-HD- 02; Applicant: Bob Gentry, as agent for John J. Marcus and Laurie R. Marcus, owners). 7. Adoption Re: Second reading of proposed Ordinance No. 99-4123, providing for the designation of the structures located at 1620 Wewa Drive historically known as the Hall/Gillette House as structures of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; more pàrticularly described herein; etc. (Title Only) (Petition No. 99-HD-03; Applicant: Mikki Hartig, as agent for Rebecca A. Mouhot, owner). 8. Adoption Re: Second reading of proposed Ordinance No. 99-4124, to rezone approximately .75 acres from the RSF-2 Zone District (Sarasota County) to the OPB-1 Zone District (City of Sarasota) to allow an office building on a parcel of property located generally along the southern boundary of Bay Road and west of Osprey Avenue, a/k/a 1704 Bay Road, more particularly described herein; approving site Plan 99-PSD-B which has been proffered as a condition of the rezoning; etc. (Title Only) (Petition Nos. 99-CO-02 & 99-PSD-B; Applicant: Nan Plessas, as agent for The Russo Family Trust, as owner of the real property). City Auditor and Clerk Robinson read proposed Resolution No. 99R-1163 in its entirety, Nos. 99R-1159 and 99R-1165 by title only, and Ordinance Nos. 99-4113, 99-4122, 99-4123, and 99R-4124 by title only. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to approve Consent Agenda No. 2, Item Nos. 1, 2, 3, 5, 6, 7 and 8. Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Dupree, yes; Hogle, yes; Merrill, yes; Pillot, yes. 4. Adoption Re: Proposed Resolution No. 99R-1167, requesting the School Board of Sarasota County not consider further any proposal to sell the Sarasota High School building as is currently being discussed by the School Board to ensure the building will remain in public hands; etc. (Title Only). Commissioner Pillot stated that as a past principal of Sarasota High School, proposed Resolution No. 99R-1167 requesting the School Board of Sarasota County not consider further proposals to sell the school building is supported; that the item is pulled for the purpose of proposing a meeting between the City Manager, the County Administrator and the Chairman of the School Board of Sarasota County to explore the possibility of joint action to seek funds for restoration and preservation of the building. On motion of Commissioner Pillot and second of Vice Mayor Merrill, it was moved to adopt proposed Resolution No. 99R-1167 and to request the city Manager to request a meeting with the County Administrator and the Superintendent of the School Board of Sarasota County to explore the possibility of joint action to seek funds for restoration and preservation of the Sarasota High School building. city Auditor and Clerk Robinson read proposed Resolution No. 99R-1167 by title only. Mayor Dupree requested that city Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Hogle, yes; Merrill, yes; Pillot, yes; Dupree, yes. 9. SCHEDULED PRESENTATION RE: REOUEST BY MR. BOB ROSKAMP TO DISCUSS OPTIONS TO RESOLVE PARKING ISSUES FOR A NEW PROPOSED CENTER FOR BUSINESS, ARTS, AND TOURISM AT 1226 NORTH TAMIAMI TRAIL - ENDORSED DEVELOPMENT OF PROPOSED CENTER IN CONCEPT AND REFERRED TO ADMINISTRATION FOR APPROPRIATE ACTION (AGENDA ITEM V-1) #1 (1127) through (2184) BOOK 46 Page 18100 3/15/99 6:00 P.M. BOOK 46 Page 18101 3/15/99 6:00 P.M. Charles D. Bailey, Law Firm of Williams, Parker, Harrison, Dietz & Getzen, and John Barrett, representing Robert Roskamp, Roskamp Management Company, and Timothy Litchet, Manager of Building, Zoning and Code Enforcement for the city, came before the Commission. Attorney Bailey referred to his letter dated March 4, 1999, to city Manager Sollenberger regarding ideas for addressing parking and height problems associated with development of the Center for Business, Arts, and Tourism located at 1226 North Tamiami Trail between 12th and 13th Streets; and stated that Mr. Roskamp plans to locate several non-profit agencies in the proposed Center, including the Sarasota County Arts Council, the Greater Sarasota Chamber of Commerce, the Sarasota County Community Foundation and Roskamp Charities; that as the proposed three-story building exceeds the allowed height in the North Trail (NT) Zone District, a request will be made for rezoning to the Commercial, Neighborhood (CN) Zone District; and referred to floor plan designs as follows: First Floor (800 to 900 square feet) common space for all the non-profit agencies, including a gallery, conference rooms, mail room and kitchen Second and Third Floors = individual agency offices Attorney Bailey stated that the parking issue should be addressed; that the proposed Center for Business, Arts, and Tourism, a 26,700-square-foot building, requires 133 parking spaces for compliance with the Zoning Code (1998); that the site accommodates only 50 parking spaces which will probably meet the normal daily parking requirements in the next few years; that the number of personnel anticipated in ten years is 73, leaving a shortfall of 23 parking spaces for staff and a shortfall of 60 parking spaces for visitors; and referred to the March 4, 1999, letter which states: Concerted efforts have been made to acquire the Economy Motel property to the south, but it is not presently for sale, certainly not at a price anywhere near market value (and, regrettably, none of the three organizations possess the power of eminent domain). Similarly, efforts have been made to purchase the Maple Leaf Motel property to the north, with the same unfortunate result. Inquiries have also been made to determine whether the properties to the east would be suitable and available, but, not only have the current owners been unresponsive to our overtures, but even if we were able to acquire those parcels, they could not be rezoned for non-residential parking without a comprehensive plan amendment. Attorney Bailey stated that a second option to consider in handling the parking issue is constructing a smaller building; however, a smaller facility would become functionally obsolete as the agencies grow over the next ten years. Attorney Bailey stated that the third option is using parking facilities located within 300 feet to satisfy off-street parking requirements which would be in compliance with the Zoning Code (1998); that the two parcels within 300 feet of the proposed Center having excess parking capacity are: The Daughters of the American Revolution (DAR) site, located south of 12th Street between the Economy Motel and Pionéer Park, which has indicated a willingness to share a parking lot with space for 23 vehicles. The organization uses the facilities on three weekdays each month for a few hours in the middle of the day. Improvements would be made at the location and a fee paid to the DAR. Pioneer Park which has unpaved parking and a basketball court on the site. The use of a portion of the parking spaces in the park would be requested for overflow parking at the proposed Center during non-peak park hours. Attorney Bailey stated that another option proposed is to amend the Zoning Code (1998) by reducing the parking ratio requirements for non-profit agencies to require fewer parking spaces than commercial businesses thus reducing the need for use of Pioneer Park to accommodate overflow parking; that the various options have been examined by the City Manager's Office, the Planning and Development Department, and the Building, Zoning and Code Enforcement Department; that the Commission's approval for development of the Center for Business, Arts, and Tourism is requested prior to making further commitments with the non-profit agencies. Commissioner Pillot asked if future plans include purchase of the surrounding properties which are unavailable at the current time thus eliminating the need for overflow parking at the DAR property and at Pioneer Park? Attorney Bailey and Mr. Barrett stated yes. Commissioner Pillot asked if approval by the Commission allowing overflow parking at the DAR property and at Pioneer Park would be in reality a temporary request? Attorney Bailey stated yes. BOOK 46 Page 18102 3/15/99 6:00 P.M. BOOK 46 Page 18103 3/15/99 6:00 P.M. Commissioner Hogle asked if Commission approval would enhance the bargaining power of the Roskamp Management Company to purchase the surrounding properties? Attorney Bailey stated that approval for development of the Center for Business, Arts, and Tourism and the urgent need for required parking could be perceived by the sellers as a reason to raise the purchase price; however, dialogue with owners of the surrounding properties will continue. Vice Mayor Merrill stated that allowing temporary parking at Ken Thompson Park for the construction trade while a condominium project was being constructed on Longboat Key for which the developer agreed to construct the necessary parking spaces at the park was supported as the request was temporary with a fixed date; and asked if a fee proposal is in process concerning the amount which will be offered the City for the shared parking request at Pioneer Park. Attorney Bailey stated that improvements would be made to Pioneer Park by the Roskamp Management Company; that dialogue with the City concerning fees is open. Mr. Barrett stated that improvements would be made not only to the parking area but also to Pioneer Park for park purposes. Attorney Bailey stated that improvements would include providing playground equipment or other similar park enhancements. Vice Mayor Merrill asked if the request for shared parking is for a short term and if an ending date can be provided? Mr. Barrett stated that establishing an ending date depends on the success of acquiring the surrounding property which cannot be forecast at the present time. Attorney Bailey stated the problem of acquiring the surrounding property is unresolved. Mayor Dupree stated that the question concerning an ending date for shared parking at Pioneer Park was not answered. Attorney Bailey stated that an answer was provided but was not the desired answer as the acquisition of surrounding property is essential to solve the problem of required parking; that other residential properties in the immediate area of the Center are being examined which may resolve the problem; however, zoning changes would be necessary if residential properties are purchased. Mayor Dupree asked the date for construction of the Center for Business, Arts, and Tourism? Mr. Barrett stated that the necessary steps to begin construction of the Center will begin immediately. Attorney Bailey stated that rezoning the property will be the first step taken. Mr. Litchet stated that two issues should be addressed: 1. Height Construction of a three-story building will require rezoning the property through the standard quasi-judicial process from the North Trail (NT) Zone District to the Commercial, Neighborhood (CN) Zone District. 2. Parking - The Zoning Code (1998) and the Sarasota City Plan, 1998 Edition, do not allow permanent commercial parking in a park which is in a Government Use (G) Zone District. One option is to amend the Zoning Code (1998) to reduce the parking ratio for a non-profit agency use. Overflow parking has been allowed in parks in the past and no prohibition exists. However, a permanent parking allowance would not be in compliance with the Zoning Code (1998). Mr. Litchet stated that Commission support is requested to meet with Attorney Bailey and the City Manager to ascertain the appropriateness of the request to amend the Zoning Code (1998) and to examine further the code requirements for parking for non- profit agencies; that scant information was found in a preliminary examination of zoning codes of other jurisdictions concerning parking requirements for non-profit agencies; that standard parking requirements could be developed for non-profit agencies identifying regularly scheduled meetings with a requirement for excess parking; that another option is changing the size and configuration of the proposed building to fit the current site. City Manager Sollenberger stated that Commission support is requested for Staff to review and examine the policy issues of the options presented by Attorney Bailey and to determine if the Zoning Code (1998) should be changed; that Staff has worked with applicants in the past on policy issues which have not ultimately received the support of the Commission; however, the Commission has encouraged and supported redevelopment in the NT Zone District. Commissioner Pillot stated that the Commission has encouraged and shown strong interest in development along North Tamiami Trail; that Ken Thompson Park is a good example of cooperation between the public and private sectors; that the proposed Center is a non-profit development which will house the Greater Sarasota Chamber of Commerce, the Sarasota County Arts Council, and the Sarasota County Community Foundation and will enhance North Tamiami Trail; that the proposed use of Pioneer Park and the DAR property has been researched and is anticipated to be temporary; BOOK 46 Page 18104 3/15/99 6:00 P.M. BOOK 46 Page 18105 3/15/99 6:00 P.M. that the hope is owners of the properties to the north and the south realize the advantages of negotiating with the Roskamp Management Company. On motion of Commissioner Pillot and second of Commissioner Hogle, it was moved to endorse the development of the proposed Center for Business, Arts, and Tourism in concept and refer the proposal to the Administration for appropriate action. Commissioner Hogle stated that receiving input from neighbors is critical; that the shared parking concept will be supported only if the neighborhood provides support. Vice Mayor Merrill stated that the Administration should look for data which supports the theory that non-profit organizations have fewer customers and, therefore, less traffic; that such data would support the idea of simply reducing the parking standards for non-profit agencies; however, the reduced parking ratio should apply only to non-profit organizations; that additionally, language should be developed to avoid abuse by organizations which are called non-profit, yet pay outrageous salaries to directors. Vice Mayor Merrill referred to Attorney Bailey's letter of March 4, 1999, regarding proposed shared parking in Pioneer Park; and stated that in the past, the number of parking spaces at parks was determined as the amount necessary to serve the park such as Ken Thompson Park, where a parking lot was built which the City had determined was necessaryi that the request of the First Presbyterian Church to use A. B. Smith Park for parking was supported as the City knew additional parking spaces would be required which the Church agreed to build; that the City should determine the total number of parking spaces required for a park; that if one parking space more is allotted than necessary, the parking space should be removed in favor of additional grass for the park; that a concern exists a precedent will be set allowing the use of parks for non-park uses; that a common problem exists all across the United States with parks; that several books have been written with ideas for land use for New York City's Central Park; that locally, discussions have taken place recently on using land for good purposes, such as redevelopment; that even the Senior Friendship Center has taken over a park; that the concern is small pieces of land borrowed initially for other purposes will grow in proportion to the needs of the requesting organizations; that temporary requests for six months or one year can be renewed, thus setting a precedent; that the Parks, Recreation and Environmental Protection Advisory Board should review the suggestions for meeting the parking requirements for the proposed Center for Business, Arts, and Tourism and report to the Commission so a precedent is not set for further growth. Vice Mayor Merrill continued that since his term ends on April 16, 1999, information will not be brought back to the Commission in time for a personal vote opposing the issue of shared parking in a park; however, the hope is the Commission will not allow parking in a park for an unlimited amount of time for purposes of redevelopment; that the goals may be noble; however, all the Commissioners share the idea that parks should be for citizens' use and not used for commercial purposes or even non-profit purposes unless somehow related to the park; that the proposal for the Center for Business, Arts, and Tourism cannot be supported unless the section of the proposal requesting shared parking in Pioneer Park is deleted. Commissioner Pillot referred to Attorney Bailey's letter of March 4, 1999, regarding the use of the DAR property for shared parking; and stated that parking at the DAR property would be used by the Center's employees except when the DAR is meeting; that the DAR uses the facilities only three weekdays each month for a few hours in the middle of the day; therefore, use of Pioneer Park parking spaces would seldom be necessary. Attorney Bailey stated that the Commissioners' comments are appreciated and will be taken into consideration; that also, questions are welcome from the two Commissioners-elect, Mary Quillin and Carolyn Mason, present in the audience. Commissioner Hogle stated that some vacant land exists to the south of the DAR property which may or may not be park property; that the present situation presents an opportunity for the Parks, Recreation and Environmental Protection Advisory Board to examine Pioneer Park uses. Attorney Bailey stated that a drainage ditch cuts through the parcel from east to west on both sides of the property which may be owned by the City. Mayor Dupree asked if all the possibilities have been explored concerning parking on the proposed site for the Center for Business, Arts, and Tourism? Mr. Barrett stated yes. Attorney Bailey stated that the desire is to rezone the site from the NT Zone District to the CN Zone District which allows a three-story maximum height; that construction of a parking garage on the ground level is not an option as the resulting structure would exceed the height allowance. Mr. Barrett stated that a ground-level garage has not been considered since key aspects of the development plans include an entryway and galleries on the main level of the Center. Attorney Bailey agreed; and stated that visitors require access to the Center at ground level. Mr. Barrett stated the Center should be user-friendly. BOOK 46 Page 18106 3/15/99 6:00 P.M. BOOK 46 Page 18107 3/15/99 6:00 P.M. Mayor Dupree asked if all parking possibilities near the Center have been explored? Mr. Barrett stated yes, within the 300-foot limit. Mayor Dupree requested the City Auditor and Clerk to restate the motion. City Auditor and Clerk Robinson restated the motion as to endorse the development of the proposed Center for Business, Arts, and Tourism in concept and to refer the proposal to the Administration for appropriate action. Motion carried (3 to 1): Pillot, yes; Hogle, yes; Merrill, no; Dupree, yes. 10. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VI) #1 (2197) through (2490) The following people came before the Commission: Chris Keesecker, 1352 Manhattan Avenue (34239), President, Cafe Kaldi, stated that communications between Cafe Kaldi and the City Manager's Office regarding the lease negotiations at the former Main Street Depot have occurred over the past few months; that on September 21, 1998, a proposal submitted to the City contained certain terms regarding length of lease and amortization costs; that both items were included in the proposal and are considered necessary for a successful project; that initial discussions with the City indicated verbal agreement to the terms with the exception of including one rather than two renewal options; that subsequent lease drafts are not acceptable as the original terms were agreed to in prior discussions with City Officials; that the City Manager agreed during a February 10, 1999, meeting to a proposed 20-year term with a single 10-year renewal option and full amortization of costs subject to a mutually agreeable cap on the cost amount; that the lease agreement was changed from a 20- year term to a 10-year term and the amortization costs were reduced to 50 percent at the February 16, 1999, regular Commission meeting; that the latest decision of the City following six months of dialogue is unacceptable; that Cafe Kaldi requests restoration of the originally agreed upon lease agreement terms; that a letter dated March 12, 1999, from the city Manager indicated the matter will be brought to the Commission at the April 5, 1999, regular Commission meeting; that the Commission is requested to instruct the City Manager to proceed with the originally agreed upon terms rather than wait two more weeks to address the matter; that an opportunity to speak on behalf of Cafe Kaldi at the April 5, 1999, regular Commission meeting is requested if the original terms are not agreed upon; that delays are causing difficulties in plans to open in time for the 1999-2000 winter season; that additional delays will push the date to the summer of 2000. Commissioner Pillot asked if the matter will be brought before the Commission at the April 5, 1999, regular Commission meeting? City Manager Sollenberger stated yes. Commissioner Pillot asked the agenda placement for discussion of the Cafe Kaldi lease agreement in order to assure Mr. Keesecker will have an opportunity to speak? City Auditor and Clerk Robinson stated that discussion of the Cafe Kaldi lease agreement will be placed on the agenda under Unfinished Business; that Mr. Keesecker will be provided an opportunity to speak. Kenneth Smiley, P.O. Box 2025 (34230) representing Nature Talk, came before the Commission and stated that mention by the President of the United States of the "Race" debate recently is appreciated; that the hope is ending racial division; that the Merriam Webster Dictionary, 1964 Edition, defines "Race" as "mankind" and "a group that is capable of reproducing," which includes everyone; that men of all colors are called brothers as a testimony before God; that children hopefully will not be taught otherwise; that European capitalists who own the publishing companies have sought to change definitions of "Race" asserting a higher order of grandeur belongs to the European capitalists. 11. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA -= ADMINISTRATION WILL REPORT BACK ON CONDITION OF PLANTS LOCATED IN THE MEDIAN BY THE SARASOTA COUNTY AREA TRANSIT (SCAT) TRANSFER SITE (AGENDA ITEM X) #1 (2480) through (2923) VICE MAYOR MERRILL: A. stated that the Saravista Gardens Assisted Living Facility (ALF), located at 3470 Fruitville Road, is boarded up to prevent vandalism; that action should be taken to improve the unsightly conditions at the site which is viewed by many tourists entering the City; and asked for a report from Administration on progress to resolve the problem. Timothy Litchet, Manager, Building, Zoning and Code Enforcement, and David Waugh, Building Official, Building Department, came before the Commission. Mr. Waugh stated that an application for renewal of the building permit has been submitted; however, the permit has not been renewed to date; that the contractor will take over ownership of the property on April 2, 1999; that the boarding up of the facility is the result of a code enforcement action initiated by the City. BOOK 46 Page 18108 3/15/99 6:00 P.M. BOOK 46 Page 18109 3/15/99 6:00 P.M. Mr. Litchet stated that three code enforcement citations have been issued against the property for junk, overgrown landscaping, and a vacant unsecured structure; that the contractor boarded up the facility; that the current owners have been served the code violation citations and have filed for bankruptcy; that the concern regarding the unsightly appearance is shared; that numerous citations were served the owners who were cooperative prior to filing for bankruptcy; that the citations were issued so the City has the power to enter the property to mow the grass and secure the building; that the building is secured but not to the level required by City standards; that telephone calls have been made to the bankruptcy trustee to determine the City's right of access to the property during the bankruptcy proceedings. Vice Mayor Merrill asked if a change in the City's regulations could alleviate future problems caused by bankruptcy? Mr. Litchet stated that restrictions are mandated by State and Federal laws regarding bankruptcy proceedings which may not be overturned locally; that, currently, the City's regulations are as stringent as allowed under Federal law; that permission must be received from the Bankruptcy Court to move against a property; that the City would be required to absorb the cost of placing a lien against the property during the period of bankruptcy proceedings. MAYOR DUPREE: A. stated that the plants located in the median by the Sarasota County Area Transit (SCAT) transfer site on Lemon Avenue look like weeds; that all other medians on Lemon Avenue have green plants. City Manager Sollenberger stated that the Public Works Department will be contacted and a report submitted to the Commission at the April 5, 1999, regular Commission meeting on the condition of plants located in the median near the SCAT transfer site. B. stated that renewal forms have been received from two Boards on which he serves: the Children & Youth Services Advisory Committee (CAYSAC) Board and the Economic Development Board; that his term with the Sarasota City Commission ends on April 16, 1999; that new City representatives should be selected to serve on the Boards. City Auditor and Clerk Robinson stated that new City representatives will be selected to serve on the various Boards at the April 19, 1999, regular Commission meeting, which immediately follows the swearing in of new Commissioners at the April 16, 1999, special Commission meeting. 12. ADJOURN (AGENDA ITEM XII) #1 (2975) There being no further business, Mayor Dupree adjourned the regular meeting of March 15, 1999, at 7:18 p.m. Lny Biphel JEROME DUPREE, MAYOR 6 SOT4: & - 6 BE ROBINSON, CITY AUDITOR AND CLERK 5 BOOK 46 Page 18110 3/15/99 6:00 P.M.