MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF FEBRUARY 27, 1995 AT 7:00 P.M. PRESENT: Mayor Nora Patterson, Vice Mayor David Merrill, Commissioners Fredd Atkins, Mollie Cardamone and Gene Pillot (arrived at 7:20), City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: None PRESIDING: Mayor Nora Patterson The meeting was called to order in accordance with Article III, Section 10 of the Charter of City of Sarasota at 7:01 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Patterson stated that the first public hearing will discuss proposed Ordinance No. 95-3854 which amends the Sarasota City Code, Chapter 1, Article VI, Offenses Against Public Safety, Section 21-128, to expand the boundaries of the area in which skateboarding is prohibited. City Manager Sollenberger stated that V. Peter Schneider, Deputy City Manager, will make the Staff presentation. Mayor Patterson requested City Auditor and Clerk Robinson to explain the public hearing process. Mr. Robinson stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 1. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 95-3854, AMENDING THE SARASOTA CITY CODE, CHAPTER 1, ARTICLE VI, OFFENSES AGAINST PUBLIC SAFETY, SECTION 21-128, SKATEBOARDING PROHIBITED, sO AS TO EXPAND BOUNDARIES OF THE AREA IN WHICH SKATEBOARDING IS PROHIBITED TO INCLUDE AN AREA BOUNDED BY ORANGE AVENUE TO THE EAST, RINGLING BOULEVARD TO THE SOUTH, GULFSTREAM/S COCONUT AVENUE TO THE WEST, AND FRUITVILLE ROAD ON THE NORTH; MAKING FINDINGS; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID; REPEALING ORDINANCES IN CONFLICT: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM I) #1 (0060) to (0332) BOOK 38 Page 11560 02/27/95 7:00 P.M. BOOK 38 Page 11561 02/27/95 7:00 P.M. V. Peter Schneider, Deputy City Manager, stated that the Public Safety Department requested that the existing boundaries for prohibition of skateboarding be expanded; that currently the public spaces in the downtown area where skateboarding is prohibited is at the City Hall complex and Five Points Park; that the Public Safety Department has found skateboarders cease skateboarding while a public official is present, but skateboarding resumes once the public official leaves the site; that the Public Safety Department is spending an inordinate amount of resources to enforce the prohibition of skateboarding; that recent repairs were required on the Memory Path sculpture; that one of the contributing factors to the damage was due to skateboarding; that the Public Safety Department has recommended the area for skateboard prohibition be expanded to include Orange Avenue to the east, Ringling Boulevard to the south, Gulf Stream and Cocoanut Avenues to the west, and Fruitville Road on the north; that the Public Safety Department will provide a detailed report if requested by the Commission; that Staff recommends adoption of proposed Ordinance No. 95-3854. Mayor Patterson stated that there are no signs in the presently prohibited area to indicate that Skateboarding is prohibited. Mr. Schneider stated that there are a number of signs posted, but the signs are continually torn down; that it is an ongoing problem replacing the signs as they are torn down. Mayor Patterson opened the public hearing. There was no one signed up to speak, and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3854 by title only. Commissioner Cardamone asked what is the revision on the updated ordinance received today compared to the original ordinance included in the backup material? City Attorney Taylor stated that the revised version has the draft date of February 7, 1995; that the February 7, 1995, draft includes information which had been deleted from the first draft; that the Public Safety Department wanted the information reinstated; that the information reinstated includes some of the areas currently subject to prohibition but was inadvertently left out in the first draft. Commissioner Cardamone asked what are the plans to enforce the prohibition of skateboarding? John Lewis, Director of Public Safety, came before the Commission and stated that there will be a few strategically located signs placed around the prohibited areas; that warnings will be issued to skateboarders for the first several months after the proposed ordinance is passed. Mr. Schneider stated that the City does not want to pollute the downtown with signs prohibiting Skateboarding; that children will be warned on the first, second and third offense; that the Public Safety Department is not trying to get skateboarders into trouble but to make them aware of the City's rules against skateboarding in the prohibited areas. Mayor Patterson stated that Commissioner Pillot is running late, but will arrive for the meeting. Commissioner Atkins stated that the skateboarding issue was discussed several years ago; that it has been proven that skateboarding is not a fad, and is here to stay; that the County was going to review the possibility of designating a specific area for skateboarding; and asked if the County has made any final decisions with regard to skateboarding? Director Lewis stated that discussions were held between private citizens and the County on the possibility of locating a skateboarding park in Venice; however, the facility never materialized. Commissioner Atkins asked if the County has a problem with skateboarders? Director Lewis stated that he is not sure if the County prohibits skateboarding; that many of the skateboard violations are made by people not living in the City. Commissioner Cardamone stated that she told a skateboarder jumping his skateboard against the base of the statue outside City Hall that skateboarding was prohibited on City Hall property; that an employee from City Hall came to her rescue by approaching the skateboarder and telling him to leave the premises; that she does like to see children enjoying outside activities, but so many of the skateboarders are abusive to public property; that if the skateboarders did not damage public property, she would be in favor of skateboarding all over the sidewalks; that the skateboarders can have a bad attitude when told skateboarding is prohibited. Mayor Patterson stated that the original skateboarding ordinance adopted by the Commission restricted a larger area than proposed Ordinance No. 95-3854; that the Commission chose to be less restrictive in the areas of prohibition since many skateboarders use their skateboards as a mode of transportation; that the original ordinance did not work and the area of restriction now has to be enlarged. BOOK 38 Page 11562 02/27/95 7:00 P.M. BOOK 38 Page 11563 02/27/95 7:00 P.M. Director Lewis stated that the majority of skateboarding at City Hall occurs directly in front of the sign prohibiting skateboarding. On motion of Commissioner Cardamone, and second of Vice Mayor Merrill, it was moved to pass proposed Ordinance No. 95-3854 on first reading. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried (3 to 1): Atkins, no; Cardamone, yes; Merrill, yes; Patterson, yes. 2. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 95-3861, PERTAINING TO EMERGENCY RESCUE AND TRANSFER FEES, TO PROVIDE FOR THE CONSOLIDATION OF FEES FOR THE TREATMENT WITH OXYGEN WITH FEES FOR BASIC LIFE SUPPORT, ADVANCED LIFE SUPPORT OR MEDIVAC PREPARATION: TO ESTABLISH EMERGENCY MEDICAL SERVICE ZONES AND FEES FOR TRANSPORTATION TO OR FROM SUCH ZONES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED INVALID OR UNENFORCEABLE: ETC. (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM II) #1 (0333) to (0546) Julius Halas, Chief of the Fire-Rescue Bureau, Public Safety Department, and Battalion Chief, James Frazier, Fire-Rescue Bureau, Public Safety Department, came before the Commission. Fire Chief Halas stated that a change in Medicare reimbursement procedures necessitated proposed Ordinance No. 95-3861; that Medicare Part B will now include the $35 oxygen fee in the base charge; therefore, the Public Safety Department can no longer levy the $35 oxygen fee; that in order to not lose all the revenue received from the oxygen fees which was levied from 62 percent of the patients transported to a resource hospital, the Public Safety Department will add the oxygen fee into the base fee; that there was a concern that Doctors Hospital of Sarasota would charge the maximum charge of $520 as opposed to $285 which is the cost within the City limits since relocating its facilities into an unincorporated area; that there will be approximately a 50% decrease in the number of patients transported to Doctors Hospital because any critical patient must be taken to the closest hospital; that new zones were developed which include fees more commensurate with the out-of-service time spent while transporting patients to various resource hospitals. Fire Chief Halas displayed a map of the Emergency Medical Services (EMS) zones on the overhead projector and stated that the zone revision includes four EMS zones; that transportation to or from a particular service zone shall determine the total transfer fee; that Doctors Hospital of Sarasota is located in Zone 2 and the fee would be $335; that the Care Center East Hospital located at Clark Road and Interstate 75 has a pediatric unit and adult congregate care; therefore, more and more patients are being transported to the facility; that the Care Center East Hospital is in Zone 3 and the fees to transport patients to Zone 3 is $385; that there are still only a few transports to the Venice Hospital; that the new zones were developed by studying the out-of-service time per trip; that the new fee structure would produce the following: 1. The additional cost of $50 per zone would offset personnel costs; 2. The additional $5.50 per loaded mile transport fee would also apply to the additional mileage and help recover the fuel, maintenance and personnel cost; and 3. The changes to the base fees will alleviate having the major impact of charging the full $520 charge to go, for example, to Doctors Hospital of Sarasota which is only an additional 30 minute trip. Commissioner Atkins asked if Zone 1 is within the City limits? Fire Chief Halas stated it is. Fire Chief Halas stated that proposed ordinance No. 95-3861 is retroactive to January 24, 1995; that the Commission has had a heavy agenda and this issue was not presented until tonight; that invoices were held in order to reflect the change if approved by the Commission tonight. Mayor Patterson opened the public hearing. There was no one signed up to speak, and Mayor Patterson closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 95-3861 by title only. On motion of Commissioner Atkins, and second of Vice Mayor Merrill, it was moved to pass proposed Ordinance No. 95-3861 on first reading. Mayor Patterson requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Patterson, yes. 3. APPROVAL RE: IMPLEMENTATION OF ROSEMARY DISTRICT PLAN RECOMMENDATIONS = APPROVED (AGENDA ITEM III) #1 (0547) to (3530) BOOK 38 Page 11564 02/27/95 7:00 P.M. BOOK 38 Page 11565 02/27/95 7:00 P.M. City Manager Sollenberger stated that at the November 30, 1994, special meeting, the Commission approved the Rosemary District Redevelopment (RDR) Plan as a blueprint for the future redevelopment of the area north of downtown; that the Commission requested Staff to present a report on the recommendations contained in the RDR Plan; that Staff has prepared a report which recommends the following steps for the RDR Plan: 1. Establish a streetscape program; 2. Establish a storefront assistance program; 3. Purchase properties; and 4. Expand the Gillespie Park target area to include a portion of the Rosemary District near Lemon Avenue. Mr. Sollenberger stated that he has provided a "Status Report on the Rosemary District" in the agenda materials which provides an accountability tool for the Commission to track progress on the implementation of the recommendations. Donald Hadsell, Director of Community Development, came before the Commission and stated that the presentation of the RDR Plan on November 30, 1994, was entitled, "The Conceptual Framework for the Redevelopment of the Area"; that the document described the recommended plan for the revitalization of the Rosemary District; that staff has taken numerous actions for the area which includes: 1. The demolition of Central Gardens; 2. The acquisition and demolition of the Augustine Quarters; 3. The acquisition of vacant lots from the Community Housing Corporation; 4. The Clean-up of vacant lots; 5. The increase in street lighting; 6. The establishment of a police substation; 7. The implementation of the Sarasota Area Burglary Robbery Enforcement (S.A.B.R.E.) Task Force; and 8. The convening and facilitating of discussion amongst the neighborhood business owners. Commissioner Pillot entered the Chambers at 7:20 p.m. Mr. Hadsell continued that since the RDR Plan presentation, the Commission has approved the concept of leasing 513 Central Avenue for the City and County consolidated offices of the Office of Housing and Community Development; that the blueprints are nearly completed for the 513 Central Avenue building; that the March 1995 deadline for having the drawings and plans prepared will be met; that occupancy of the building will be by the end of July 1995; that the decision to place the Office of Housing and Community Development on Central Avenue has renewed interest in the Rosemary District; that the realtor representing the Antique Warehouse building located at 500 Central Avenue has received five serious inquiries regarding the property and now has a contract for the sale of the building; that tonight's proposal contains mainly public funds, but is designed to spur private investors in the Rosemary District. Dennis Daughters, Director of Engineering/City Engineer, Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, and Phil Smith, Landscape Architect, David W. Johnston Associates, came before the Commission. Mr. Daughters displayed a drawing of the RDR Plan on the overhead projected and also provided a display board of the plan. Mr. Daughters stated that the drawing of the RDR Plan was developed by Phil Smith; that the streetscape program evolved from input from the neighborhood residents and business owners; that the plan has been scrutinized, modified and approved by the neighborhood residents and business owners. Mr. Smith stated that the RDR Plan begins at Third Street which is also known as Fruitville Road and ends at Tenth Street; that the drawing represents a half-block section of the streetscape plan; that the first proposed redevelopment step is as follows: Streetscape Program 1. A neck out for tree planting which is large enough for root growth and also accommodate plant material from overhead and underground utilities along the edge of the sidewalk; that each of the neck out areas will use mass plantings of ground cover to keep maintenance to a minimum; that plans include planting approximately 40 canopy-type trees and also vertical palms throughout the seven-block area; that it has not been determined which species of trees will be planted; that oaks, holly or black olives may be used for the canopy-type trees and Washingtonian or Cabbage Palms for the vertical trees; that it is planned to plant as many canopy-type trees as possible to allow for the appropriate ambiance; that the proposed streetscape is similar to Main Street's streetscape; BOOK 38 Page 11566 02/27/95 7:00 P.M. BOOK 38 Page 11567 02/27/95 7:00 P.M. 2. The sidewalks, curbing and handicapped access on the sidewalks will be repaired; that a decorative scoring pattern will be introduced into the concrete to improve the visual variety along the walk wayi 3. Sixty street lights similar to the one approved for Island Park and similar to Main Street's lighting is proposed; 4. Reuse water will be used for a low-volume irrigation system; 5. Removal of the turf area between the curb and right of way to reduce long-term maintenance and to improve the overall appearance of the entire roadwayi; and 6. On completion of the project, the entire street will be overlaid and re-striped. Commissioner Atkins stated that the RDR Plan indicates that the City learned a lesson from Dr. Martin Luther King, Jr. (MLK) Way by placing the lighting on the back side of the sidewalk; and asked if there will be street lights placed at the diamonds marked on the drawing which are approximately half way down each 2 1/2 block area? Mr. Smith stated that the street lights will be pulled back from the street in order to avoid the possibility of vehicles hitting them. Mayor Patterson stated that at the presentation made to the residents and The Downtown Association, it was noted that heavy- duty street lights were planned for the Rosemary District to avoid vandalism. Mr. Smith stated that is correct; that there was a problem with a recent shipment of street lights, but the error was corrected and the street lights are now up to standard. Mayor Patterson stated that there was a problem with the lights in Gillespie Park; that it is appropriate to spend more money up front on the lighting rather than making repairs later on if the lights are damaged. Mr. Sollenberger stated that the street lights have a heavier gauge aluminum casting plus a metal shaft through the center of the post to allow for extra sturdiness; therefore, there should not be the vandalism problems to the street lights in the Rosemary District that occurred in Gillespie Park. Commissioner Cardamone asked if there will be wiring which reaches from one end of the block to the other to allow for electrical outlets so lights could be added to the trees at a later date? Mr. Smith stated that the proposed plan provides sleeving for lighting; that the sleeve could be resized in order to pull in wires at a future date. Commissioner Cardamone stated that she feels providing for tree lighting at a later date is costly; that the lights in the trees on Main Street are attractive; that it is important to install electrical outlets for this lighting and avoid tearing up the sidewalk to install wiring at a later date. Mr. Smith stated that plans include installing an electrical outlet inside the base of the light poles in order to gain electrical access at a later date. Commissioner Cardamone stated that the owner of the Antique Warehouse should be concerned about parking because the building includes five storefronts and Central Avenue in the Rosemary District will only have two parking places on each block; and asked what measures are being taken to accommodate the parking situation? Mr. Daughters presented a copy of the parking space plan and stated that this plan, without the plantings, has 65 legal parking spaces in the seven-block area; that there will be 45 parking spaces on Central Avenue once the trees are planted; that the loss of parking is offset by the addition of 19 parking spaces on Fifth Street and an additional 40 parking spaces on other side streets. Mr. Mountain stated that a parking problem demonstrates there is successful economic development; that if redevelopment occurs as anticipated, a shortage of parking spaces could develop; that additional parking is available along the side streets; that there are city-owned parcels in the area and in the future, an off-street parking lot could be constructed; that an off-street parking lot is not planned at this time since the City does not know where the economic development will occur; that if the economic development occurs on the north end of the project, the parking lot would be constructed on the north end. Mayor Patterson stated that the parking situation should be watched as the area develops as the parking is not now adequate even though there is not much traffic in the area. Commissioner Cardamone stated that it is wonderful to develop old areas as there are alleys for deliveries or parking which are not found in the new areas; and asked how wide the alleys are? BOOK 38 Page 11568 02/27/95 7:00 P.M. BOOK 38 Page 11569 02/27/95 7:00 P.M. Mr. Daughters stated that the alleys are 17-feet wide; that based on the Engineering Department's criteria, the alleys are not wide enough for parking; that 8 feet or more is required for garbage trucks and delivery vehicles to enter an alley. Commissioner Cardamone asked if one-way angle parking could be allowed in the alleys? Mr. Daughters stated that one-way angle parking would require more space than parallel parking. Mayor Patterson asked if it is possible to acquire land in order to gain more space for parking in the alleys? Mr. Mountain stated that it is a possibility. Commissioner Cardamone asked if the alleys could be used for parking if they were not used for service? Mr. Mountain stated that they could; that some of the alleys could be one way. Commissioner Cardamone asked if the alleys could be used for parking if the need arose? Mr. Mountain stated that they could. Mr. Daughters stated that there was not a budget when the streetscape project was first developed; that David W. Johnston Associates, Landscape Architects, studied the project plans and developed a viable beautification project; that it was determined that the budget would be over $1 million; that there was only $448,000 available so the project was pared down; that the total estimated cost of the streetscape project is $604,070; that the project includes replacing sidewalks, curbs and gutters; that it was determined that money could be used from other funds; that there would be benefits by combining other projects with the RDR Plan; that the following is a breakdown of the reappropriated funding: 1. $15,000 was appropriated for curb and gutter repairs from the $448,000 allocated for curb and gutter replacement; 2. $56,000 was appropriated for sidewalk repairs from the Sidewalk Replacement funds; 3. $37,750 was appropriated from the Reuse Bond Issue since the RDR Plan would tap into the existing reuse line which runs down Central Avenue; 4. $32,150 was appropriated from the New Sidewalk Construction Funds for constructing new sidewalks and widening present sidewalks; 5. $11,500 in Community Development Block Grant (CDBG) funds were appropriated for the improvement of the private portion of the sidewalk which leads into a building; that sidewalk repair is not stopped at the right-of-way line, but repaired up to the storefront's entrance; and 6. that $14,600 from the Handicap Fine Fund will be appropriated to improve the handicap ramps and improve accessibility for the handicapped. Mr. Mountain stated that the second step in the RDR Plan is as follows: Establish a Storefront Assistance Program 1. that Staff proposes a Storefront Assistance Program be established to rehabilitate the facades of the commercial buildings on Central Avenue and funding for the project is based on the following: a. that assistance will be in the form of interest- free loans with terms of up to ten years; b. that the amount of the assistance would be up to $50,000 per building; C. that developers will be required to expend $2.00 in private funds for every $1.00 in public CDBG funds; and d. that the program will be funded using $300,000 in CDBG funds reallocated from the Housing Rehabilitation Program; that these funds are available due to the increased HOME Partnership Investment Act (HOME) and State Housing Initiatives Partnership (SHIP) funding within the City resulting from the City and County consolidated Housing and Community Development programs with the county. Mr. Mountain stated that other funding could be appropriated as an assessment to the buildings; that assistance must be limited to facade improvements and correcting code violations since CDBG would be funding the project; that interior improvements would require private financing and could count towards the required $2.00 match. BOOK 38 Page 11570 02/27/95 7:00 P.M. BOOK 38 Page 11571 02/27/95 7:00 P.M. Mayor Patterson asked if the $2.00 the developer spends in private funds for every $1.00 in public CDBG funds is for exterior repairs? Mr. Hadsell stated that the amount spent on the interior is allowed towards the funding match since the interior must be privately financed. Mayor Patterson asked if the match of $2.00 in private funds to the $1.00 in public funds can be 100 percent interior? Mr. Hadsell stated yes. Mr. Mountain stated that the third step in the RDR Plan is as follows: Acquisition of Properties 1. that the CDBG program should be amended to transfer $100,000 from the affordable housing program to establish a commercial acquisition program in the Rosemary District; 2. that Staff is encouraging private investment along Central Avenue, but the process can be assisted with limited public acquisition; 3. that private investors are concerned about the types of properties surrounding the Rosemary District; 4. that after the properties are acquired, other than the properties retained for eventual parking, the properties can be sold to private investors; 5. that public funding for acquisition would be targeted to those properties to initiate or in conjunction with private investment; 6. that authorization should be made for the Administration to dedicate $450,000 in unallocated L.0.S.T. funds to the RDR project; 7. that the acquisition of buildings cost more than the funding available, but Staff expects to tie the rehabilitation with private development; and 8. that the CDBG program should be amended to transfer the additional $450,000 CDBG funds available in October 1995 for the establishment of a commercial acquisition program in the Rosemary District; 9. that the following are the targeted properties, but are not limited to: 401- 413 Central Lancer Building 418 - 436 Central Beauty Salon 504 = 514 Central Antique Warehouse 513 Central Pat Hall Building 800 Central Sheffield Offices 1406 Ninth Street Capricorn II 1379 Fifth Street Augustine Rooming House 1386 Fifth Street Private House 1376 Fourth Street Vacant Lot Commissioner Cardamone asked for clarification regarding the additional funds expected in October 1995? Mr. Hadsell stated that the City receives an allocation of CDBG funds each year; that approximately $450,000 in additional CDBG funds are expected in October 1995. Mr. Sollenberger stated that the $450,000 in L.0.S.T. funds provided for this project is the balance of the unallocated L.O.S.T. funds. Commissioner Cardamone asked how much money has been allocated for the acquisition of properties? Mr. Hadsell stated that there was initially $550,000 allocated, plus the expected $450,000 from the CDBG funds in October 1995; therefore, there is $1 million allocated for the acquisition of properties. Mr. Hadsell stated that the fourth step in the redevelopment plan is as follows: Expand the Gillespie Park Target Area 1. that the Gillespie Park target area should be expanded to include a portion of the Rosemary District near Lemon Avenue; 2. that the City targeted the Gillespie Park area for redevelopment in 1990 and since then, 21 new homes and 23 housing units have been renovated with financial assistance provided by the Office of Housing & Community Development; that many of the homes were completed in conjunction with the City's partnership with the Community Housing Corporation; BOOK 38 Page 11572 02/27/95 7:00 P.M. BOOK 38 Page 11573 02/27/95 7:00 P.M. 3. that Staff will identify vacant properties which can be acquired for redevelopment and existing houses in disrepair; that they may need to be demolished; 4. that the City will provide renovation assistance to existing homeowners; 5. that the Administration will also attempt to purchase multiple family residences that can be converted to single-family homes and rental properties which can be converted to home ownership; and 6. that the funding for renovation is already budgeted through the affordable housing program and no new funding would be necessary. Commissioner Cardamone asked if there would be an affect to Gillespie Park's programs initiated by the City? Mr. Hadsell stated that Gillespie Park will not be affected by the RDR; that there are few vacant lots left in the Gillespie Park area. Mayor Patterson stated that Gillespie Park and the Rosemary District are contiguous; that the positive affect in Gillespie Park would carry over to the Rosemary District. Mr. Hadsell stated that people around Gillespie Park are moving into Gillespie Park and that is a positive step. Mr. Hadsell stated that the total budget for the RDR is $1,904,070 and a breakdown of the sources of monies for the completion of the project is as follows: Sources FY93 CDBG (from rehab) 300,000 FY94 CDBG (from acquisition) 100,000 FY95 CDBG (proposed) 450,000 L.0.S.T. (includes the $450,000 already 898,570 available plus $550,000 expected in October 1995) Curb & Gutter Repair 15,000 Sidewalk Replacement 56,000 Reuse Bond Issue 37,750 New Sidewalk Construction 32,150 Handicap Fine Fund 14,600 TOTAL SOURCES $1,904,070 Community Funding (provided for the $ 11,500 private portion of the sidewalk) Uses Streetscape - 604,070 Storefront Program 300,000 Acquisition Program 1,000,000 TOTAL USES $1,904,070 Mr. Hadsell stated that in order to implement the RDR Plan, the following six steps must be completed: 1. Authorize the streetscape program as presented and authorize the Administration to proceed with plans and specifications; 2. Authorize amending the certification section of the FY94 CDBG application to permit the City to meet the low and moderate requirements over a three-year period; that currently the law states that 70 percent of the CDBG funds must be spent each year to assist low-income citizens and that 30 percent must be used for slum and blighted activities; that amending the certification will allow spending $400,000 for FY95 on only slum and blighted activities; that the City will spend 100 percent of the funds on low and moderate-income activities in FY96 and FY97; that this is a technical amendment to increase the slum and blighted activity in the first year; that in order to use these CDBG funds there must be a public comment period and advertisement of the amendment; that the amendment will be brought to the Commission for approval at the March 20, 1995 or April 3, 1995, Commission meetings. Mayor Patterson stated that the percentage of funds will balance out evenly over three years; that the amendment will allow for more slum and blighted funding for the first year; and asked if this adjustment will negatively affect the income stream the City receives? Mr. Hadsell stated that it will not; that the City's storefront loans will be paid back and used for future uses. Mr. Hadsell continued that the next implementation step is as follows: 3. Authorize the Administration to begin the process to amend the CDBG program to delete $300,000 in funding for the housing rehabilitation program and establish a new BOOK 38 Page 11574 02/27/95 7:00 P.M. BOOK 38 Page 11575 02/27/95 7:00 P.M. activity "Storefront Assistance Program" funded at $300,000; Mayor Patterson asked if there will be any CDBG funds left over for housing rehabilitation? Mr. Hadsell stated that there is money available for housing rehabilitation. Mr. Hadsell continued that the next implementation steps are as follows: 4. Authorize the Administration to begin the process to amend the CDBG program to delete $100,000 from the affordable housing program to establish a commercial acquisition program; that $300,000 was allocated to purchase the Laurel Street property and the purchase price was approximately $120,000; therefore, there are additional funds available for residential lots and for the acquisition of properties; that in order to use these CDBG funds there must be a public comment period and advertisement of the amendment; that the amendment will be brought to the Commission for approval at the March 20, 1995 or April 3, 1995, Commission meetings. 5. Authorize the Administration to dedicate $450,000 in unallocated L.0.S.T. funds to the Central Avenue Redevelopment Program; and 6. Authorize the Administration to expand the Gillespie Park target area to include the area bounded by Lemon Avenue, Fruitville Road, Orange Avenue and 10th Street. Commissioner Cardamone asked if the target area includes the east side of Central Avenue to Lemon Avenue? Mr. Hadsell stated that is correct. Commissioner Atkins asked for clarification on the target area. Commissioner Cardamone stated that the target area does not affect Central Avenue; that it affects Lemon to Orange Avenues. Mr. Hadsell stated that the target area will not affect the businesses along Lemon Avenue. Mr. Sollenberger stated that the presentation is completed; that action is requested from the Commission to approve the program and authorize the six implementation steps outlined by Mr. Hadsell. Commissioner Pillot stated that the report was concise, thorough and well organized. Mayor Patterson opened the public hearing. The following people came before the Commission. Roy C. Smith, 5149 Boca Raton Avenue (34234), representing Sarasota North Action Group, stated that he thanks the City Manager, Mr. Mountain and Mr. Hadsell for all the work put into the RDR Plan; that the redevelopment plan is a proper step to take for the Rosemary District's future; that many hours were spent working with the Rosemary District Resource Center; that the Commission is invited to visit the Rosemary District Resource Center; that the citizens banned together and worked together to bring revitalization to the neighborhood. John 0. Doggett and Dea Growdon, 810 Central Avenue (34236). Ms. Growdon stated that she is president of the Board of the Rosemary District Resource Center and agrees with everything Mr. Smith said; that the City has worked diligently with the residents of the Rosemary District to bring this project to completion; that she thanks every person from the City who helped make this project a reality. Mr. Doggett stated that he comes before the Commission as a resident and business owner in the Central Avenue corridor; that he thanks Mr. Sollenberger, Mr. Hadsell, John Lewis, Director of Public Safety, and Pam Hower, previously with the City's Planning Department, for the diligence and hard work which accompanied this project; that there was such positive feedback from the Rosemary District Task Force that a Task Force is now being formed in Newtown. Mr. Doggett distributed to the Commission the minutes from the January 18, 1995, Task Force meeting which indicated the RDR Plan was well-received by those in attendance. Mr. Doggett distributed the November 16, 1994, Task Force minutes to the Commission; that at that meeting, Ms. Hower and the citizens of the neighborhood established priorities for the RDR project and are as follows: 1. Hire or contract with a full-time person to manage and develop the small area plan; that this person would act as liaison for the City, the developers, residents and business owners of the area. 2. Spend approximately $450,000 to streetscape Central Avenue from Fruitville Road to Tenth Street, with the possibility of renaming Central Avenue; and 3. Continue targeting the criminals and those places which seem to attract the criminal element. BOOK 38 Page 11576 02/27/95 7:00 P.M. BOOK 38 Page 11577 02/27/95 7:00 P.M. Mr. Doggett stated that business owners had concerns regarding parking along Central Avenue; that parking lots could be constructed after the development in the Rosemary District expands; that the citizens and business owners in the area are voluntarily cleaning up, painting and repairing buildings; that some parts of the project could be fine tuned, but overall the project is positive and the Commission should pass the proposed implementation steps presented this evening. Mayor Patterson asked Mr. Doggett what parts of the project should be fine tuned? Mr. Doggett stated that the parking situation on Central Avenue is a concern; that the City owns property in the area and parking is already at a premium on parts of Central Avenue; that there is a concern about the parking spaces lost once the trees are planted; that he spoke to Mr. Mountain; that Mr. Mountain indicated the City is prepared to allow off-street parking for current and future businesses in the area. Danny Bilyeu, 1056 Cocoanut Avenue (34236), stated that approximately 18 months ago he approached the Commission table and held the Commission accountable for the safety of his family in the Central Avenue corridor; that his family has been safe since then and he thanks Public Safety Director Lewis, Gordon Jolly, Chief of the Police Bureau, and the police department for keeping the prostitutes and drug dealers out of the neighborhood; that the Central Avenue corridor and Rosemary District is receiving more involvement from the absentee landowners which is an important step in making the redevelopment plan work; that thanks go to all parties involved in the success of this redevelopment plan; that he commends the Commission and the Mayor for approving the original project plan; that the Commission should vote for the implementation steps outlined this evening. Robert Levy, 1391 Sixth Street, (34236), stated that he has been called a trouble maker because he has begged the Commission to approve the RDR Plan for the last five years; that being known as a trouble maker has caused people to try to remove him from meetings; that he thanks everyone who approves the RDR Plan; that the people hesitating on approving the RDR Plan should understand that this plan is an investment and will pay back with high returns; that the recommendation to build high-class expensive night clubs, dancing or ballet schools in the area will never happen; that the City cannot dictate to a private entrepreneur which types of businesses are allowed in the area; and asked Mr. Sollenberger if there is a person assigned to represent the area and answer questions for developers? Mr. Sollenberger stated that currently Mr. Hadsell works with the developers. Mr. Levy asked if Mr. Hadsell's job is to take developers around the area? Mr. Sollenberger stated that Mr. Hadsell is also responsible for the administration of the joint City/County Community Development Department; therefore, the City does not want to overburden Mr. Hadsell with too many additional duties; that Mr. Hadsell has worked with people interested in purchasing or renovating properties along Central Avenue; that Mr. Hadsell will be administering. the storefront assistance program and acquiring properties; that Mr. Hadsell will not be able to assist everyone interested in the area as there just is not enough time in his schedule. Mr. Levy stated that the area needs a person to sell the area. Mayor Patterson stated that Mr. Hadsell has a staff which works with him on projects; that the first priority is to acquire properties; that hiring a person to sell the area will be addressed at budget time. Mayor Patterson closed the public hearing. Mayor Patterson stated that Mr. Levy indicated the City should not be too specific in the intent to purchasers who want to invest in the area; that it was discussed that this area would be primarily for artist live/work uses, but there is nothing written which would mandate an investor as to what type of business he wants to invest in. Mr. Sollenberger stated that any type of business permitted under the Zoning Code would be encouraged for the area; that one of the recommendations in the Vision Plan was to encourage artist live/work uses; that it was also recommended to encourage businesses involved in the manufacturing of art supplies and maintenance of art materials; that there is nothing wrong with encouraging certain types of businesses, but there is no agenda to limit the types of businesses for this area. Commissioner Cardamone asked if this area is currently zoned for Commercial, Residential Transition (CRT) zone or Commercial, Intensive (CI)? Jane Robinson, Director of Planning and Development, came. before the Commission and stated that basically all of Central Avenue is zoned CI; that there is an overlay district for a majority of the property which allows CRT zoning. Commissioner Cardamone asked what is meant by a majority? BOOK 38 Page 11578 02/27/95 7:00 P.M. BOOK 38 Page 11579 02/27/95 7:00 P.M. Ms. Robinson stated that the overlay district is from Fruitville Road to Tenth Street and Orange Avenue to Cocoanut Avenue. Commissioner Cardamone asked if the CRT zoning allows for artist live/work uses in the area? Ms. Robinson stated that it does. Mayor Patterson stated that the current needs may meet an investor's needs better than having the area rezoned. Commissioner Cardamone stated that zoning is not an either/or issue; that the overlay zoning requires application for rezoning which could be a handicap to constructing an artist live/work area. Ms. Robinson stated that if there is an interest, the CI zone on Central Avenue could be modified to allow for artist live/work uses. Commissioner Cardamone stated that zoning modifications should be discussed before pouring money into an area which does not allow, without a petition, for rezoning. Mayor Patterson stated that there may be items available in the CI zone which may be detrimental to what some of the new investors have planned; that the planning staff should investigate this further. Ms. Robinson stated that the zoning in the area is currently being studied; that a recommendation should be ready for the Commission by the time the Mission Harbor property is purchased. Commissioner Cardamone stated that she has a concern about the current zoning; that when marketing the area, the City would not want its own rules to stand in the way of encouraging investors. Ms. Robinson stated that the investors would contact Mr. Hadsell; therefore, the Planning Department would be aware of the types of businesses investors are interested in constructing on Central Avenue; that the CI zone is very comprehensive; that caution should be taken so that uses which are not desired in the neighborhood do not occur; that, for example, an automotive-oriented use is not desired for this area, even though an allowable use; that there probably is not enough CI zoning in the area to allow for this type of business, as an automotive business requires extensive land areas. Mayor Patterson stated that it should be a priority at this time to establish clarification of the zoning in this area. Commissioner Cardamone stated that the current zoning may handicap someone planning to make an investment in an area that already has risks involved; that an investor may then be required to spend time and money rezoning a property. Ms. Robinson stated that it is recommended to initiate the rezonings at no cost, if the Commission approves. Commissioner Cardamone asked if the zoning requirements could be settled before someone purchases a property so that individual properties will not have to be rezoned? Ms. Robinson stated that caution must be used when rezoning property to CRT zoning because there may be investors with CI zoning who may not want CRT zoning. Commissioner Cardamone asked if the use could be CRT or CI? Ms. Robinson stated that if a property currently had a CRT zoning, the property could easily be rezoned to CI. Commissioner Cardamone asked if the Mission Harbor property is part of the Rosemary District? Ms. Robinson stated that it is. Commissioner Cardamone asked what are the rezoning plans for the Mission Harbor area? Ms. Robinson stated that previously the area was zoned Commercial, Central Business District (C-CBD) i that the Planning Department is seeking to make the Mission Harbor property a commercial zoned area which would allow for economic development. Mayor Patterson stated that she and Commissioner Cardamone want the Planning Department to make the zoning issues a priority. Commissioner Cardamone stated that the Arts Strategy Report, which was prepared by AMS Planning and Research, Inc., and is keyed into the Rosemary District, included several objectives important at the time it was presented and even more so tonight; that the possibilities listed in the report should happen. On motion of Commissioner Cardamone, and second of Commissioner Atkins, it was moved to approve the recommendations contained in the report. Commissioner Cardamone stated that she has a concern regarding the nuisance abatement ordinance which has been discussed for several months; that the ordinance is not part of the RDR Plan. BOOK 38 Page 11580 02/27/95 7:00 P.M. BOOK 38 Page 11581 02/27/95 7:00 P.M. Commissioner Cardamone asked if the nuisance abatement ordinance will be on the March 6, 1995, Commission Meeting agenda? Mr. Sollenberger stated that it will be. Commissioner Cardamone stated that the nuisance abatement ordinance is central to the crime element in the Rosemary District; that the crime element was discussed as one criteria important to residents and business owners on Central Avenue. Commissioner Cardamone continued that budgeting for a marketing manager for the Rosemary District should be discussed at this year's budget hearings; that she is pleased to hear the Newtown Business Association is forming a Task Force which is good commercial creep or commercial leap frog; that the Commission's goal has been to see businesses develop from Tenth Street to Dr. Martin Luther King, Jr. Way in a rapid fashion; that the City has come a long way since the RDR Plan was first brought to the table and she is pleased with how the plan has developed. Mayor Patterson stated that the RDR Plan is very well put together; that she commends Staff and Mr. Sollenberger. Mayor Patterson called for a vote on the motion to approve the recommendations contained in the report. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. Mr. Sollenberger stated that the RDR Plan is an excellent example of staff working together as a team; that recognition should be given to Gilbert Leacock, Director of Public Works, who has made a strong commitment from the Public Works Department in supporting the RDR Plan. Commissioner Cardamone stated that the code enforcement measures taken for the Rosemary District have been phenomenal; that Beverly Spangler, Supervisor of Code Enforcement, single-handedly worked on clearing up code violations and asked how many code violations were noted when the plan was first developed and how many code violations are there today? Director Lewis came before the Commission and stated that there were 84 code violations at the beginning of the project and there are currently only three. Commissioner Pillot stated that he wants to correct Mr. Levy for stating that he has been called a trouble maker; that all the citizens involved in making the plan materialize are anything but trouble makers; that these citizens are examples of the best of constructive citizens, and that includes Mr. Levy. 4. APPROVAL RE: AUTHORIZE THE MAYOR AND CITY AUDITOR AND CLERK TO EXECUTE THE PROPOSED AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SARASOTA AND RICE, WILLIAMS ASSOCIATES, INC. AND SARASOTA COUNTY FOR CONSULTING SERVICES PERTAINING TO THE CABLE TELEVISION FRANCHISE RENEWAL PROCESS WITH COMCAST CABLE- VISION = APPROVED (AGENDA ITEM IV) #1 (3531) to #2 (3640) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that in September 1994 the Commission approved an agreement with Rice, Williams Associates, Inc., to provide technical consulting services for the cable television franchise renewal; that the amendment allows the City and County to coordinate the cable television franchise renewal process with Comcast Cablevision and share the consulting costs which would be incurred; that the Amendment to the Agreement should result in a cost savings to the City. On motion of Commissioner Atkins, and second of Vice Mayor Merrill, it was moved to approve the Amendment to the Agreement for consulting services. Commissioner Atkins stated that he supports this proposal because the wave of the future is to not only have a county, but a regional process as it relates to the possibilities of gaining some of the franchise fees which would be missed if there was not a joint effort. Mayor Patterson called for a vote on the motion to approve the Administration's recommendation. Motion carried unanimously (5 to 0): Atkins, yes; Cardamone, yes; Merrill, yes; Pillot, yes; Patterson, yes. 5. CITIZENS' INPUT (AGENDA ITEM V) #2 (3641) to #2 (0905) Ken Smiley, P.O. Box 2025 (34230) representing Nature Talk, came before the Commission and presented copies of newspaper articles indicating a person does not have to swear to an oath. Mr. Smiley stated that it is exhibited in the Constitution of the United States of America, which is quoted as "bound by Oath or Affirmation, to support this Constitution"; that each state should indicate on forms that an oath or affirmation shall be given; that a simple yes or no, our word being our bond, should be a legitimate choice. Commissioner Pillot asked if the oath read by City Auditor and Clerk Robinson includes 'swear or affirm?" City Auditor and Clerk Robinson stated that it does. BOOK 38 Page 11582 02/27/95 7:00 P.M. BOOK 38 Page 11583 02/27/95 7:00 P.M. City Auditor and Clerk Robinson stated that the actual wording of the oath is "Do you swear or affirm that the evidence or factual representations which you are about to give or present to this Commission during any public hearing are truthful?" Mayor Patterson stated that there is an option for a person to either swear or affirm. Nick Lucas, 1816 Vera Place (34235), Alexander Paderewski, 852 Freeling Drive (34242) Barry Wilson, 684 Marbury Lane, (34228) representing the Sarasota Sports Committee, came before the Commission. Mr. Wilson stated that he is the Vice President of the Sarasota Sports Committee (SSC) and has served on the board since 1988; that the Sarasota Sports Committee was formed in 1960 when the Chicago White Sox first came to Sarasota for spring training; that currently the SSC is negotiating for a new five-year contract with the City; that last year the SSC contract was an extension of a one-year contract; that currently the SSC is providing the parking service by collecting the parking revenues at each ball game; that the parking revenues are divided amongst the SSC, the City and the Chicago White Sox. Mr. Wilson distributed to the Commission copies of a list of the youth groups within the City that the SSC sponsors and stated that a brief background of the organization is as follows: 1. that donations of batting cages have been given to every Little League, Babe Ruth and high school in the area; 2. that donations of batting machines, football sleds, bleachers, etc. were given to Sarasota High School and Booker High School; 3. that $30,000 has been donated to the Girls and Boys Clubs in the area; 4. that $30,000 worth of playground equipment has been donated to City-owned parks which include Lido, Arlington and Newtown; 5. that for eight years donations totaling $100,000 were made toward the construction of the club house at Old Payne Park which was subsequently turned over to the County when Ed Smith Stadium was constructed; 6. that over $35,000 was expended for sandblasting and painting Old Payne Park when owned by the City; 7. that $35,000 was donated for the bleachers at Ed Smith Stadium; 8. that $75,000 was donated for lights on the practice fields behind Ed Smith Stadium; and 9. that $50,000 was donated for the Ed Smith Stadium bond referendum for the original plans to construct the stadium. Mr. Wilson stated that the SSC wants to continue making donations to City youth groups; that the Chicago White Sox has taken over ticket sales and ushering and plans to take over the security measures at the ball park; that the SSC wants to continue the parking operations which brought in $25,000 in revenues last year; that city Staff has been reluctant to place the following two items in the new contract: 1. Continued use of office space within the Ed Smith Stadium 2. Periodic use of the upper boxes during spring training games Mr. Wilson continued that the two items listed above have not been in prior contracts; that the SSC believed having these two items in the contract would clearly distinguish the SSC's and the City's responsibilities. Mr. Lucas stated that he is the current President of the SsC; that the SSC previously received $33,000 per year from the White Sox, but now only receives $4,000 per year; that he met with Mr. Schneider and Patrick Calhoon, Sports Facilities Manager, to renegotiate the contract; that Mr. Schneider indicated that the SSC could continue their parking operations; that two stipulations the SSC wanted in the contract are as follows: 1. Continued use of office space within the Ed Smith Stadium; that the SSC currently uses a small room in the Ed Smith Stadium to count money, display plaques and address thank you cards; and 2. Periodic use of the upper boxes during spring training games Mr. Lucas continued that after contract negotiations the SSC received a contract from Mr. Calhoon stipulating the parking operations may continue for one month; that he has worked 33 years for the SSC and was Ed Smith's right-hand man; that he was treasurer for the SSC for 28 years; that he brought in new blood to serve on the board as requested by the White Sox; that he has worked hard for the SSC; that he has requested that only two items be placed in the contract. BOOK 38 Page 11584 02/27/95 7:00 P.M. BOOK 38 Page 11585 02/27/95 7:00 P.M. Mr. Paderewski stated that he is filled with outrage and anger and the Commission needs to know why; that there are constituents, children and parents in the City who have received great benefits from the SsC; that youth sports organizations obtain money from the ssc; that the SSC is comprised of volunteers; that one of the volunteers' duties includes giving away money; that he is here to ask the Commission to allow him to work for free and give away his money; that the SSC will disband if the Administration follows its present plan; that the Administration's present plan does not extend a valid contract to the Ssc; that people will be asking how the City Commission dropped the ball if the SSC disbands; that up to now, the Commission has not been aware of the problems with the SSC contract negotiations; that the contract process went fairly well, but the problem arose when the Administration did not want to stipulate in the contract an office would be assigned to the SSC. Mr. Paderewski continued that the SSC contributed money, in order to obtain the office; that the SSC spent upward of $100,000 to renovate the club house at the Old Payne Park ball field; that when the new stadium was built, Ed Smith had some strong ties to the Administration and thus had the prime office space; that Ed Smith retired and Mr. Calhoon took over the prime office space; that the SSC had to pay. $800 to remove the phones and computer system out of the prime office space; that the SSC relocated to a small room; that it is ridiculous that the City does not want to allow the SSC to have a room at the Ed Smith Stadium; that the Administration must be questioned as to why the SSC is not being treated better after what the SSC has done for this community; that it will be a travesty if the SSC disbands. V. Peter Schneider, Deputy City Manager, stated that at no time has it been suggested that the Agreement would not be renewed with the SSC; that there are several issues the Administration does not agree on with the SSC; that one issue is to write the permanent assignment of space into the lease; that the SSC was told the City will continue to provide office space, but if a special need comes up, such as a promoter requiring an office in order to promote an event, the City may want to provide the promoter with office space; that no other organizations that work at the Ed Smith Stadium have permanent office space. Mr. Schneider continued that the basis of a five-year contract was that the SSC would make a significant capital contribution to lighting one of the complex fields; that discussion has since dissolved since the SSC is no longer interested in making that kind of capital contribution; that it was informally agreed upon when the stadium was built that during Mr. Smith's lifetime he would have access to the box seats; that after that, the assignment of those box seats will revert to the City; that the City is procuring parking services from the SSC and the Agreement must meet the needs of the City; that other things were accommodated to but those items were not brought up tonight; that the City hopes to reach an agreement with the SSC in order for the SSC to continue doing what they do so well; that the City will continue to work with the SsC. Commissioner Cardamone stated that the Administration should continue working with the SSC; that it is not a Commission decision to get involved with the details of a negotiation; that the Commission is eternally grateful to the contributions of the SSC. Mr. Schneider stated that the City is also grateful to the contributions of the SSC. Mayor Patterson stated that it is not just any group negotiating this contract; that the SSC is not receiving money, but are distributing their profits. Mr. Schneider stated that the City pays a premium for the parking operation at the Ed Smith Stadium and the premium is well spent; that the arrangement works very well for the SSC. Commissioner Pillot stated that he agrees with Commissioner Cardamone; that the Commission should not take a vote on this issue; that the Commission should support the concept that Mr. Schneider presented; that the SSC is an important organization and he hopes the negotiations between the SSC and the Administration will be on-going, immediate and fruitful. Mayor Patterson stated that she agreed with Commissioners Pillot and Cardamone. 6. OTHER MATTERS: ADMINISTRATION. TO REVIEW SOLUTIONS TO ELIMINATE GRAFFITTI (AGENDA ITEM VI) #2 (0906) to #2 (1262) VICE MAYOR MERRILL: A. stated that graffiti has been viewed in many of the City areas in which he travels; that the City's sign ordinance should be reviewed to determine whether graffiti messages could be considered non-permitted signage, thereby making the property owners responsible for removal; that the elimination of graffiti has been identified in various crime plans as a quick response to crime; that the City needs to address this issue and make a decision soon; that the problem with graffiti is rapidly spreading. Mayor Patterson stated that graffiti has been viewed on City signs and in other areas; that the issue should be addressed quickly. City Manager Sollenberger stated that the Administration will review the issue and forward a report to the Commission. BOOK 38 Page 11586 02/27/95 7:00 P.M. BOOK 38 Page 11587 02/27/95 7:00 P.M. B. stated that a Medical, Charitable, Institutional (MCI) zone can be downzoned to a Commercial Office Park (COP) zone; that the old Doctor's Hospital of Sarasota is a MCI zone; that people have concerns about the interpretation of the COP zone; and asked if the Commission would want to revise the preamble to more Clearly define the COP zone? Vice Mayor Merrill stated that he wants the COP zone clearly defined; that he would not want to see another neighborhood deal with the COP zoning regulations if perhaps a Walgreens wanted to occupy the old Doctor's Hospital of Sarasota; that a neighborhood should not have to fight the same battle over again and the same confusion amongst Staff as to what the COP zone means. Mayor Patterson stated that the COP zone is a very broad, catchall, zoning category; that she was disturbed when she learned how broad the COP zoning was when discussing the Walgreens issue. Commissioner Cardamone stated that the Land Development Regulations (LDR's) is the perfect place to address the definitions of zoning categories; that it was upsetting to her to have to do research and still not be sure if the zoning code was correctly interpreted; and asked the Administration the status of the LDR's update process? V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the City has reached an agreement with the consulting firm, Siemon, Larsen & Marsh and the agreement will be scheduled for Commission action in the near future. Commissioner Cardamone asked when will the work begin on defining the zones? Mr. Schneider stated within four to six weeks. Vice Mayor Merrill stated that Staff should be aware that the wording in the zoning definition is confusing; that the City does not want to confuse the citizens with Staff interpreting the zoning districts one way and the Commission interpreting the zoning districts another way. Commissioner Cardamone stated that the trouble with the entire Impact Management Area (IMA) process is that developers and builders interpret the zoning districts one way and Staff and Commission interpret the zoning districts another way; that the zoning discussions have far reaching ramifications which need to be addressed quickly; that the old Doctor's Hospital of Sarasota building is looking grim as an empty building. COMMISSIONER CARDAMONE: A. stated that a hand-delivered letter from the Friends of the Selby Library invited the Commission to a program on Sunday, March 5; that she had concerns about Sunshine Law ramifications regarding the Commission participating in this kind of event; that she asked Attorney Taylor to look at the letter. Attorney Taylor stated that caution should be taken in case a Commissioner gets involved in a discussion at one of these meetings; that there is the potential for a sunshine law violation which can be eliminated by noticing it as a meeting. Mayor Patterson requested that Staff make such notice. Mr. Sollenberger stated that neither the County Administrator or four of the County Commissioners will be attending the meeting; that he has no intention of attending; that the information regarding the finances listed in the Friends of the Selby Library meeting letter are convoluted; that Staff presented the numbers to the Commission at the February 21, 1995, Commission meeting. Commissioners Pillot and Atkins stated that they will not be attending the meeting. COMMISSIONER ATKINS: A. stated that he thanks the Commission for the bold steps taken for Central Avenue; that he thanks the Commission for making it a pleasant experience to work on the Commission; that it feels good to leave and know that something was done to make some measurable change on Central Avenue. Commissioner Pillot stated that Commissioner Atkins worked hard on the Central Avenue issue for 10 years. MAYOR' PATTERSON A. asked Mr. Sollenberger about the status of access roads on properties which have one lot behind another? Mr. Sollenberger stated that Staff has discussed the issue; that Staff is scheduled to make a presentation to the Commission to discuss the issue for direction; that Staff will not prepare an ordinance until discussion is held with the Commission; that he will not participate in the discussion as he has such a lot in back of his house. Mayor Patterson asked for the discussion to be held at the March 20, 1995, or April 3; 1995, Commission meeting since the City has already been in one law suit and overturned. BOOK 38 Page 11588 02/27/95 7:00 P.M. BOOK 38 Page 11589 02/27/95 7:00 P.M. Mr. Sollenberger stated that Staff could hold the discussion at one of those meetings. 7. ADJOURN (AGENDA ITEM VII) #2 (1262) There being no further business, Mayor Patterson adjourned the Special Meeting of February 27, 1995, at 9:06 p.m. Mors & 7 us NORA PATTERSON, MAYOR ATTEST: BlW E Zabenson BILLY E/ROBINSON, CITY AUDITOR AND CLERK