BOOK 43 Page 16245 03/02/98 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF MARCH 2, 1998, AT 6:00 P.M. PRESENT: : Vice Mayor Jerome Dupree, Commissioners Mollie Cardamone, David Merrill, and Nora Patterson (arrived at 6:05 p.m.), City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : Mayor Gene Pillot PRESIDING: Vice 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 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE; : EMPLOYEE OF THE MONTH, FEBRUARY 1998, MARGARET "ANN" WYANT, CUSTOMER SERVICE REPRESENTATIVE. PUBLIC WORKS /UTILITIES DIVISION - PRESENTATION MADE #1 (0030) through (0202) City Manager Sollenberger requested that William Hallisey, Director of Public Works, join him before the Commission. Mr. Hallisey stated that Ann Wyant has worked for the City of Sarasota for over 30 years; that Ms. Wyant is a Customer Service Representative charged with many duties, such as handling all service calls, dispatching, and receptionist and clerical duties in the office; that Ms. Wyant's job is very difficult; that Ms. Wyant's tireless efforts help keep the office operating smoothly; that Ms. Wyant gets things done and is an asset to the City of Sarasota; that Ms. Wyant is a perfect example of an employee that serves the City of Sarasota with Excellence and Pride. Vice Mayor Dupree presented Ms. Wyant with a plaque, a City-logo watch, and a certificate as the February 1998 Employee of the Month, in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. Wyant recognized her husband, James Wyant, who was present in the audience. 2. PRESENTATION RE: FLORIDA ENGINEERING SOCIETY AWARDS - MICHAEL PENDER, P.E., FLORIDA ENGINEERING SOCIETY PRESENTATIONS MADE #1 (0216) through (0317) Michael Pender, P.E., Florida Engineering Society, Myakka Chapter, came before the Commission, presented Ms. Alexandrea Hay, Assistant City Engineer, with the Young Engineer of the Year 1998 plaque for her outstanding service; and offered congratulations on her achievement. Ms. Hay thanked Dennis Daughters, Director of Engineering/City Engineer, and the City of Sarasota for being sO supportive, her husband, Forrest Shaw, and her parents; and stated that receiving the award is truly an honor. Mr. Pender presented Mr. Daughters the "Outstanding Service to the Profession 1998" award and stated that Mr. Daughters has been the recipient of an award from the Florida Engineering Society for three consecutive years, including being designated as a Society Fellow, a very esteemed role within the organization, two years ago and Engineer of the Year in the Myakka Chapter last year. The City Commission recessed at 6:12 p.m. into the special session of the Community Redevelopment Agency and reconvened as the City Commission at 6:35 p.m. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0029) through (0423) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Add under Consent Agenda No. 1, Item III A-7, Approval Re: Authorize the Mayor to execute the Encroachment Permit for 22 North Lemon Avenue, per the request of Dennis Daughters, Director of Engineering/City Engineer B. Add under New Business, Item No. VIII-3, Adoption Re: Proposed Resolution No. 98R-1057, appropriating $50,000 from the Special Law Enforcement Trust Fund (Forfeitures) to fund the obligation of payments to citizens in the Guns-Gone-for-dood Reduction Program, per the request of John Lewis, Chief of Police C. Remove under Scheduled Presentations, Item No. V-1, Presentation Re: Proposal to assist the City to augment grant funding previously received for the wastewater treatment and disposal system, per the request of City Manager Sollenberger On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. BOOK 43 Page 16246 03/02/98 6:00 P.M. BOOK 43 Page 16247 03/02/98 6:00 P.M. 4. APPROVAL OF MINUTES RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF FEBRUARY 17, 1998 - APPROVED (AGENDA ITEM I) #1 (0423) through (0426) Vice Mayor Dupree asked if the Commission had any changes to the minutes. Vice Mayor Dupree stated that hearing no changes, the minutes of the regular City Commission meeting of February 17, 1998, are approved by unanimous consent. 5. BOARD ACTIONS: REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S SPECIAL WORKSHOP MEETING OF JANUARY 13, 1998 = NO ACTION TAKEN (AGENDA ITEM II-1) AND 6. BOARD ACTIONS: : REPORT RE: PLANNING BOARD/LOCAL PLANNING AGENCY'S REGULAR MEETING OF FEBRUARY 4, 1998 - SET PETITION NO. 98-SV-03 FOR PUBLIC HEARING (AGENDA ITEM II-2) #1 (0477) through (0679) Jane Robinson, Director of Planning and Development, and Robert Lindsay, Chairman of the Planning Board/Local Planning Agency (PBLP), came before the Commission. Mr. Lindsay stated that on January 13, 1998, the PBLP held a workshop on the update of the Sarasota City Plan; that the PBLP's review is progressing rapidly toward completion; that the Land Use Element was discussed at length; that two public hearings have been held; that two more work sessions are planned; that the hope is to present recommendations to the Commission by the end of March 1998, as long as no additional projects are assigned; that major revisions have been made; that only minor revisions are now necessary. Commissioner Cardamone asked if support from the Commission not to assume additional projects is desired? Mr. Lindsay stated that such direction may be appropriate; that most speakers at the last public hearing had been following the process for a long time and desired only minor revisions; that one group presented new and substantial items for consideration; that the review should be concluded; that another cycle of reviews and approval will occur next year. Commissioner Cardamone stated that her support is offered to completing this review and submitting the Sarasota City Plan to the State; that opportunities for further review will be presented in the future. Commissioner Patterson agreed, and stated that interest has been expressed by residents in the Indian Beach/Sapphire Shores area to reexamine the North Trail (NT) Zone District; that the subject was discussed at the Commission's Annual Goals and Objectives Workshop; that review of the NT Zone District was established as an action target for next year. Vice Mayor Dupree agreed that the PBLP's review should not be impeded with the addition of other projects for consideration. Mr. Lindsay stated that the PBLP is also close to completing the review and developing a final recommendation on the Land Development Regulations (LDRs) i that the section concerning the zone districts has been completely reviewed. Mr. Lindsay presented the following item from the PBLP's regular meeting of February 4, 1998: Petition No. 98-SV-03 Mr. Lindsay stated that Petition No. 98-SV-03 is a request for a street vacation of a right-of-way located between Higel and La Paloma Avenues; that the PBLP recommends Commission approval subject to the following: 1. The petitioner receives a final letter from Peoples Gas indicating no facilities exist at the location prior to second reading of the ordinance. 2. The easement for Florida Power & Light is recorded into the public record prior to the vacation. Mr. Lindsay stated that no opposition to the street vacation was expressed at the public hearing. City Manager Sollenberger stated that the Administration's recommendation is to set Petition No. 98-SV-03 for public hearing. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to set Petition No. 98-SV-03 for public hearing. Commissioner Patterson stated that two Commissioners, including herself, will not be in attendance at the regular City Commission meeting of March 16, 1998; that the petition is to vacate an alley which, in her opinion, has no use to the City; that consideration of Petition No. 98-SV-03 should be postponed if a controversy is anticipated. BOOK 43 Page 16248 03/02/98 6:00 P.M. BOOK 43 Page 16249 03/02/98 6:00 P.M. Commissioner Cardamone stated that both sides of the issue can be presented at the public hearing; that predicting votes prior to a public hearing should be avoided. Commissioner Patterson stated that consideration should wait until a full Commission is present if the owner is in agreement. Vice Mayor Dupree called for a vote on the motion. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 7. BOARD ACTIONS : REPORT RE: HISTORIC PRESERVATION BOARD'S REGULAR MEETING OF NOVEMBER 12, 1997 - REPORT RECEIVED; SET 97-HD-02 FOR PUBLIC HEARING (AGENDA ITEM II-3) #1 (0679) through (0850) Jane Robinson, Director of Planning and Development, and Daniel Delahaye, Chairman of the Historic Preservation Board, came before the Commission. Mr. Delahaye presented the following items from the Historic Preservation Board's regular meeting of November 12, 1997: Petition No. 97-HD-02 1490 Main Street (The Gator Club) Mr. Delahaye stated that Staff from the Sarasota County Department of Historical Resources reviewed the application and recommended designation of 1490 Main Street based on Section 15-14 (1) (a) of the Zoning Code which states: (a) Exemplifies or reflects the broad cultural, political, economic or social history of the City of Sarasota Mr. Delahaye stated that the Historic Preservation Board concurred, recommended historic designation by a unanimous vote, and requests the Commission accept the report of the Historic Preservation Board and set Petition No. 97-HD-02 for public hearing. Mr. Delahaye continued that the Historic Preservation Board accepts National Register nominations in lieu of local historic designation petitions; that when presented, 1450 Main Street was being edited as a National Register nomination by a Regional Site Specialist for the Florida Department of State, Division of Historical Resources; that the National Register nomination is now complete; that presentation to the Commission is appropriate since the Historic Preservation Board is now requesting action. Mr. Delahaye stated that the Historic Preservation Board also approved: two certificates of approval three conditional certificates of approval a letter of support for the Sarasota Opera House's grant request for repairs Mr. Delahaye stated that the Sarasota Opera House's grant request was approved by the State's Division of Historical Resources two weeks ago. Vice Mayor Dupree asked the Administration's recommendation. City Manager Sollenberger stated that the matter is considered a quasi-judicial issue; therefore, the Administration does not make a recommendation. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to accept the report of the Historic Preservation Board's regular meeting of November 12, 1997, and to set Petition No. 97-HD-02 for public hearing. Commissioner Patterson asked for clarification concerning the quasi-judicial nature of the petition. City Attorney Taylor stated that the City Attorney's Office had taken the position that historic designations were not quasi- judicial; that in the review of the Land Development Regulations (LDRs), the consultants had strong opinions to the contrary; that based on the record created, historic designations should now be treated as a quasi-judicial matter. Vice Mayor Dupree called for a vote on the motion. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 8. BOARD ACTIONS: REPORT RE: PARKS, RECREATION & ENVIRONMENTAL PROTECTION BOARD'S REGULAR MEETING OF JANUARY 8, 1998 - REPORT RECEIVED (AGENDA ITEM II-4) #1 (0850) through (1071) Duane Mountain, Streets, Landscape Maintenance & Solid Waste Manager, came before the Commission, stated that the Chairman of the Parks, Recreation, and Environmental Protection Advisory Board could not be present, and presented the following items from the Parks, Recreation, and Environmental Protection Advisory Board's meeting of January 8, 1998: Elections were held for Board officers. Richard Martin and Bart Cotten were elected Co-Chairmen BOOK 43 Page 16250 03/02/98 6:00 P.M. BOOK 43 Page 16251 03/02/98 6:00 P.M. Work has continued on the Sarasota City Plan and concerns were presented to the Planning and Development Department Goals were established for 1998 including: Adoption of a tree ordinance Adoption of a newsrack ordinance Establishment of a Friends of the Park Award Program on Arbor Day Development of environmental protection reporting Development of a Parks Guide Promotion of restrooms at Centennial Park Recycling Development of pocket parks Remodeling of the Van Wezel Performing Arts Hall (VWPAH) Restoration of the VWPAH fountain Mr. Mountain stated that, in his experience, the current Board is among the hardest working; that difficult issues are tackled; that a workshop with the Commission was requested to discuss various items, particularly a tree ordinance and a newsrack ordinance; that a convenient meeting time is being established. Commissioner Merrill asked if one of the goals is Payne Park? Mr. Mountain stated that Payne Park is not a goal; however, a master plan for Payne Park will be developed this year. Commissioner Cardamone asked for clarification of the restoration of the VWPAH fountain. Mr. Mountain stated that a fountain, which has been converted to a planter, was once situated in front of the VWPAH. City Manager Sollenberger stated that a sculpture, now mounted on the bank of the Sixth Street Canal near the Selby Library, was associated with the fountain; that the fountain became non- functional and the sculpture relocated. Commissioner Patterson stated that the Siesta Key Chamber of Commerce requested improvements to the area on the east side of the North Siesta Key Bridge; that the area was graded by the City; that the Forestry Department of Sarasota County planted palm trees; that the area is a right-of-way owned by the Florida Department of Transportation (FDOT); and asked if the issue could be referred to the Board? Mr. Mountain stated that the Board can review the issue. City Manager Sollenberger stated that the Administration's recommendation is to receive the report. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to receive the report of the Parks, Recreation, and Environmental Protection Advisory Board's regular meeting of January 8, 1998. Motion carried unanimously (4 to 0): : Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 9. CONSENT AGENDA NO. 1 ITEM NOS. 1,2,3,4,5,6 AND 7 APPROVED (AGENDA ITEM III-A) #1 (1071) through (1140) Commissioner Patterson requested that Item No. 7 be removed for discussion. 1. Approval Re: Authorize the letter suspending the formal renewal process for the Agreement between the City of Sarasota and Comcast Cable Television Franchise 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Loan Agreement between the City of Sarasota and the Community Redevelopment Agency in the amount of $9,990, to fund consulting services for a parking needs analysis on Palm Avenue 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Lease Agreement between the City of Sarasota and Helen R. Payne Day Nursery, (R.F.P. #98-22) to provide quality child care for children ages infant through five years old 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fourth Amendment to the Agreement for Engineering Services between the City of Sarasota and Coastal Planning and Engineering, Inc., for the construction phase of the Lido Beach Nourishment Project 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Fifth Amendment to the Agreement for Engineering Services between the City of Sarasota and Coastal Planning and Engineering, Inc., for the Interim Lido Beach Erosion Control Project 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a professional services engineering contract between the City of Sarasota and Montgomery Watson, Sarasota, Florida, (R.F.P. #98-32) to provide consulting services for Elevated Water Storage Facilities On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Item BOOK 43 Page 16252 03/02/98 6:00 P.M. BOOK 43 Page 16253 03/02/98 6:00 P.M. Nos. 1 through 6, inclusive. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 7. Approval re: Authorize the Mayor to execute the Encroachment Permit for 22 North Lemon Avenue Commissioner Patterson stated that a member of her husband's law firm represents the owner of the property; therefore, a conflict of interest is declared. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to approve Consent Agenda No. 1, Item No. 7. Motion carried unanimously (3 to 0): Cardamone, yesi Merrill, yes; Patterson, abstained; Dupree, yes. 10. CONSENT AGENDA NO. 2 ITEM 1 (RESOLUTION NO. 98R-1049) ADOPTED; ITEM 2 (RESOLUTION NO. 98R-1050) - ADOPTED; ITEM 3 (RESOLUTION NO. 98R-1051) - ADOPTED; ITEM 4 (RESOLUTION NO. 98R-1054) ADOPTED; ITEM 5 (ORDINANCE NO. 98-4040) ADOPTED; AND ITEM 6 (ORDINANCE NO. 98-4045) = ADOPTED (AGENDA ITEM III-B) #1 (1140) through (1289) City Auditor and Clerk Robinson read proposed Resolution Nos. 98R-1050 and 98R-1054 in their entirety and proposed Resolution Nos. 98R-1049, 98R-1051 and Ordinance Nos. 98-4040 and 98-4045 by title only. 1. Adoption Re: Proposed Resolution No. 98R-1049, authorizing the execution of a contract for drainage and minor roadway improvements with the Florida Department of Transportation on behalf of the City of Sarasota; etc. (Title Only) 2. Adoption Re: : Proposed Resolution No. 98R-1050, appropriating $5,000 from the Unappropriated Fund Balance of the General Fund to provide the City's matching grant to have a replica of the American Doughboy sculpture to be placed atop the Veterans' War Memorial at Reverend J. D. Hamel Park; etc. 3. Adoption Re: Proposed Resolution No. 98R-1051, urging the 1998 Florida Legislature to pass HB 3427 and SB 882 which provides a Dedicated Funding Source for statewide beach management; etc. (Title Only) 4. Adoption Re: : Proposed Resolution No. 98R-1054, appropriating $9,990 from the Unappropriated Fund Balance of the General Fund to make a loan to the Community Redevelopment Agency to fund consulting services for parking analysis needs in the Palm Avenue area, prepare a site analysis for proposed parking structure and a financial analysis of the project; etc. 5. Adoption Re: Second reading of proposed Ordinance No. 98-4040 to vacate a portion of an existing alley and to relocate and realign that portion of the vacated alley to the east of and adjacent to its present location; said alley lies on the north side of Tenth Street approximately 135 feet east of North Tamiami Trail; more particularly described herein; etc. (Title Only) (Petition No. 98-SV-01, Petitioner Mr. Timothy J. Bauer, President, Progressive Development Group) 6. Adoption Re: Second reading of proposed Ordinance No. 98-4045, providing for the designation of the house and garage located at 1736 Hawthorne Street historically known as the Sallie C. and Carlton 0. Teate, Jr. House, as structures of historic significance pursuant to the Historic Preservation Ordinance of the City of Sarasota; more particularly described herein; etc. (Title Only) (Petition No. 98-HD-01, Petitioners Robert Gentry and Terry Palmatier, as agents for Laurie Rosin Marcus and John Joseph Marcus as owners) On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6, inclusive. Vice Mayor Dupree requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Merrill, yesi Patterson, yes. Vice Mayor Dupree requested City Auditor and Clerk Robinson explain the public hearing process. City Auditor and Clerk 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. 11. PUBLIC HEARING RE: SOUTH SARASOTA TRAFFIC CALMING TASK PLAN FOR THE FOLLOWING STREETS: WISTERIA STREET, BOYCE STREET, BOUGAINVILLEA STREET, AND OLEANDER STREET, BETWEEN OSPREY AVENUE AND U.S. HIGHWAY 41 - APPROVED THE PLAN AND INSTALLATION OF TWO SPEED TABLES (AGENDA ITEM IV-1) #1 (1287) through (2313) BOOK 43 Page 16254 03/02/98 6:00 P.M. BOOK 43 Page 16255 03/02/98 6:00 P.M. Asim Mohammed, Assistant City Engineer, and Robert Patten, Chairman of the South Sarasota Traffic Study Task Force, came before the Commission. Mr. Patten introduced Richard Kerlikoski, Edward Price, Thomas Dickenson, Scarlet Dickinson, James Toale, and Richard Alrich, members of the South Sarasota Traffic Study Task Force who were in the audience; and stated that the study is on schedule; that the results of Phase I have been reviewed and revisions made; that the review of Phase II has been completed; that traffic counts will be conducted prior to and following installation of any traffic calming devices; that comments will be requested from the public; that deliberation on Phase III will begin after public comments, which will be in approximately six to nine months. Mr. Mohammed thanked the members of the South Sarasota Traffic Study Task Force, all of whom have worked hard, met once a month, and have always been available for advice; and stated that Phase I began on Mound Street to the north through Datura Street to the south; that Phase II begins on Datura Street and continues past Siesta Drive to Bay Road; that follow-up studies were conducted on Phase I; that the measures taken in Phase I, including speed humps, semi-diverters, etc., were effective, reducing traffic speed and volume from 10 to 15 percent; that the objectives and goals of Phase I were met; that the traffic volumes being addressed in Phase II are relatively low; however, traffic speed is substantially higher than the posted speed limit of 25 miles per hour (mph) I which was a major expressed concern of the public; that in Phase II, installation of speed tables is recommended on Wisteria, Boyce, Bougainvillea and Oleander Streets; that as in Phase I, a follow-up study will be conducted to determine the impact on adjoining streets and whether additional measures are necessary on adjacent streets; that the Task Force decided that necessary changes, if any, could be made during Phase III. Commissioner Patterson stated that the reason for installing speed tables on the more southerly streets is understood; that Grove and Rose Streets will inherit additional traffic, absent unknown considerations. Mr. Mohammed stated that the traffic counts and speed as well as cut-through traffic relative to the number of homes, were considered in determining placement of traffic calming devices; that the streets identified were determined to have the greatest potential to benefit from traiiic calming due to the higher speeds and higher percent of cut-through traffic. Commissioner Patterson asked if traffic will migrate to adjacent streets once speed tables are installed? Mr. Patten stated that the project is in three phases to correct any resulting problems; that traffic did not necessarily migrate to adjacent streets after traffic calming devices were installed on the northerly streets; that traffic migration is a natural assumption; therefore, traffic counts will be taken after installation; that abatement was deemed necessary on streets with an average speed above 32 mph. Commissioner Patterson stated that one street is chosen over another as a cut-through for a good reason. Mr. Patten stated that is correct; that different favorable conditions may exist, such as good left-hand turns; that established driving habits are also a factor. Commissioner Patterson asked how long relief will take if traffic increases on Grove and Rose Streets? Mr. Patten stated that realistically, about a year. Mr. Mohammed stated that post-Phase I studies did not reveal increased traffic on adjacent streets. Commissioner Patterson stated that the recommendation of the Task Force will be accepted based on prior successes and the time and energy invested; however, some uneasiness is due to the possibility of traffic diversion to adjacent streets; that a large block of streets were included in Phase I; that the agenda backup material indicated Bahia Vista Street will be narrowed from 20 to 12 feet; and asked for clarification. Mr. Mohammed stated that only the westbound lane on Bahia Vista Street at the intersection with U.S. 41, which is very wide, will be affected; that speed tables rather than speed humps will be installed in the future; that speed humps were generally installed in the past due to the lesser cost and greater durability; that new technology for speed tables constructed of stamped asphalt has been identified; that speed tables can now be built for approximately the same cost as speed humps and are more attractive. Commissioner Patterson stated that numerous comments have been received concerning the wonderful brick paving at the intersections on Osprey Avenue in Laurel Park; that the resulting traffic abatement may not have been anticipated; however, similar installations could be included in the City's repertoire of traffic calming devices, especially since a less expensive method of achieving the effect has been identified. Mr. Patten stated that brick paving slows traffic down; that traffic abatement means slowing traffic speed rather than BOOK 43 Page 16256 03/02/98 6:00 P.M. BOOK 43 Page 16257 03/02/98 6:00 P.M. reducing traffic volume to many people, especially those with children; that changing the texture of the road surface slows traffic. Commissioner Patterson stated that no objections have been received concerning the brick paving; that the general comment is more such brick paving should be constructed. Commissioner Cardamone stated that the Task Force is encouraged to review Osprey Avenue from Hudson Bayou to Waldemere or Hillview Streets in Phase III for similar brick paving; that some key streets could benefit from traffic circles; that many compliments have been received on the brick paving on Osprey Avenue in Laurel Park; that narrowing the mouth of Lincoln Drive, which has considerable cut-through traffic, should also be considered; that hand-laid bricks are not necessary; that asphalt stamping and paving can be done for half the cost of brickwork; and asked if the Commission supports a review by the Task Force? Vice Mayor Dupree stated that there is a consensus of the Commission for the Task Force to review Osprey Avenue from Hudson Bayou to Waldemere or Hillview Streets for possible installation of traffic calming devices in Phase III; and asked over what period the impact on Grove Street will be studied? Mr. Patten stated that a traffic count is conducted prior to installation of traffic calming devices and another is conducted within six months; that one or two post-installation traffic counts will be conducted, depending on seasonal variations; that residents will be contacted for input; that the support of residents for any. proposed traffic changes is necessary; that recommendations will be presented to the Commission in Phase III. Commissioner Cardamone stated that speed tables are more attractive and less jolting than speed humps; and asked if speed humps will be replaced with speed tables Citywide? Mr. Mohammed stated no; that the City has in excess of 60 speed humps; that the Citywide traffic calming plan will be completed in the next few years, after which the issue will be reviewed. Commissioner Patterson asked what happens if a street with textured asphalt or speed humps/tables is repaved? Mr. Mohammed stated that his assumption is the street is milled to assure the level remains the same. Commissioner Merrill asked if any stamped asphalt speed tables have been installed locally? Mr. Mohammed stated that stamped asphalt crosswalks were installed in Lakewood Ranch, east of Interstate 75; that a stamped asphalt speed table was installed in front of the Outdoor Academy on Siesta Key; that speed tables constructed of the same material were inspected in West Palm Beach recently. Commissioner Patterson asked if the appearance was good. Mr. Mohammed stated that the speed tables in West Palm Beach looked good; that part of the consideration is the choice of color, etc.; that the City will exercise good quality control. Commissioner Cardamone stated that the material is a colored asphalt and is new. Commissioner Merrill stated that everything looks good when new; however, any product should have a proven, sustained track record. Mr. Mohammed stated that the speed table on Siesta Key has been in place for some time and is holding up well. Vice Mayor Dupree opened the public hearing. The following person came before the Commission. Thomas Dickinson, 2229 McClellan Parkway (34239), stated that his residence is in the area covered by Phase I of the traffic calming plan; that the measures taken in Phase I have made a tremendous difference in the safety and tranquillity of the area; that the change is indescribably great and for the better; that vigorous support and the expedient pursuit of Phase III is urged. There was no one else signed up to speak and Vice Mayor Dupree closed the public hearing. City Manager Sollenberger stated that the Administration recommends the Commission: 1. Approve Phase II of the South Sarasota Traffic Calming Plan 2. Instruct the Engineering Department to install two speed tables using asphalt and brick stamping and painting on each of the following streets: Wisteria, Boyce, Bougainvillea, and Oleander Streets between Osprey Avenue and U.S. 41 On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to accept the Administration's recommendation. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. BOOK 43 Page 16258 03/02/98 6:00 P.M. BOOK 43 Page 16259 03/02/98 6:00 P.M. Commissioner Cardamone asked for an update on the monies for neighborhood traffic abatement provided by the Walgreens located at the intersection of Bahia Vista Street and U.S. 41. Mr. Mohammed stated that permanent semi-diverters at a cost of $10,000 are being designed for Yale and Irving Streets; that part of the funds will be used to narrow the street at the intersection of Bahia Vista Street and U.S. 41. Commissioner Cardamone stated that a problem has been created by westbound traffic on Bahia Vista Street turning left into the side entrance of Walgreens; that the problem is serious but only at certain hours of the day. Mr. Mohammed stated that the Task Force may be able to develop reasonable solutions; that the proposed semi-diverter on Bahia Vista Street will allow vehicles to pass other vehicles making a turn into Walgreens; that "Do Not Block the Driveway" signs could be installed; that State law prohibits blocking driveways. Commissioner Cardamone stated that a northbound vehicle on Tamiami Trail cannot make a left turn across traffic sO a left must be made on Bahia Vista Street to access Walgreens; that the side driveway is being used more trequently than anticipated; that the semi-diverter is not the problem; that thru-traffic cannot pass a vehicle waiting to cross traffic and enter Walgreens because the street narrows; that the result is a line of traffic extending into the intersection on U.S. 41; that the situation is dangerous and should be addressed. Mr. Mohammed stated that "Do Not Block the Driveway" signs could be installed and the effects monitored; that similar signs have been used on Palm Avenue at U.S. 41, Osprey Avenue around Cherokee Drive and on Siesta Drive between the bridge and Osprey Avenue, with moderate success. Commissioner Cardamone stated that the situation should be addressed quickly. 12. CITIZENS' INPUT CONCERNING CITY TOPICS - REFERRED TO THE ADMINISTRATION DEVELOPMENT OF A MECHANISM TO ALLOW ICE CREAM VENDING IN CITY NEIGHBORHOODS REFERRED TO HISTORIC PRESERVATION BOARD REVIEW OF MECHANISMS TO PROTECT SITE OF ARCHEOLOGICAL SIGNIFICANCE REQUESTED COUNTY PRESENTATION ON HISTORICAL VALUE AND PRESERVATION EFFORTS TO PROTECT FORT ARMISTEAD (AGENDA ITEM VI) #1 (2329) through #2 (0540) The following people came before the Commission: Gene Bovinett, 5716 Volsella Place (34231), and Terry Berkley, 4614 Sloan Avenue (34233), representing Kool Treats. Mr. Bovinett stated that he is the owner of the local Good Humor franchise and operates ice cream vending trucks in Manatee, Sarasota, and Charlotte counties; that the ordinance adopted by the City to address problems with pushcart vendors is negatively affecting his business; that the Board of Adjustment recently ruled that the ordinance prohibits ice cream vending in City neighborhoods; that a substantial portion of his overall revenue is derived from two vending routes in the City; that City Staff suggested the issue be raised at the Land Development Regulations (LDRs) public hearing scheduled on May 21, 1998; that Michael Miller, Zoning Administrator, Sarasota County Government, has spoken to two City Commissioners on his behalf. Mr. Bovinett requested that compliance with the ordinance be waived for ice cream vendors until the issue is heard on May 21, 1998. City Manager Sollenberger requested comment from Staff. Timothy Litchet, Manager of Building, Zoning and Code Enforcement, came before the Commission and stated that Zoning Code, Section 6-28, prohibits commercial vending in the Residential, Single Family (RSF), Residential, Multiple Family (RMF), Office, Professional and Business (OPB), and Commercial, Tourist (CT) Zone Districts; that the Sarasota Police Department responded to a complaint from Nancy Dubin, Principal, regarding ice cream vending around Tuttle Elementary School; that the vendor was cited; that the police report is on file; that the Kool Treats organization also was unable to present an occupational license; that Mr. Bovinett requested a determination by the Building Department on the Police Department's finding; that as the Building Administrator, he agreed with the Police Department's finding; that Mr. Bovinett appealed the decision to the Board of Adjustment; that the Board of Adjustment heard the appeal and unanimously upheld the Building Administrator's determination. Mr. Litchet continued that an amendment to the Zoning Code and City Code, which have companion provisions regarding commercial vending, would be necessary to allow vending in the zone districts referenced; that review of specific criteria, e.g., to address hours of operation and restricted locations, will be necessary if an amendment is developed; that an amendment can be proposed by the public during the LDRS Update process, by Staff, or at the direction of the City Commission. Mr. Bovinett stated that he is not aware of a police encounter other than direction received by a police officer to park the ice cream trucks near a crosswalk when in the vicinity of a school; BOOK 43 Page 16260 03/02/98 6:00 P.M. BOOK 43 Page 16261 03/02/98 6:00 P.M. that Dennis Ford, Code Enforcement officer, informed Kool Treats of the commercial vending provision in the Zoning Code. Mr. Litchet stated that the police report is part of the Board of Adjustment file; that the complaint received referenced the potential of candy and rides being given to students by the ice cream vendor positioned at a specific residential corner in the school vicinity; that Ms. Dubin was contacted prior to and after the Board of Adjustment hearing. Mr. Bovinett stated that drivers found to have given rides to students would be fired; that the issue was discussed with Ms. Dubin and thought to have been resolved; that drivers have been instructed not to vend in the vicinity of Tuttle Elementary School. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to refer the issue to the Administration for development of a mechanism which will allow the sale of ice cream in residential neighborhoods. Commissioner Patterson stated that the presence of ice cream vendors in neighborhoods is enjoyed by many and should be allowed; that imposing hours of operation and restricting certain locations, e.g., school areas, would be appropriate; that an ordinance will have to be drafted carefully to prevent unintended consequences; that a public hearing before the Planning Board/Local Planning Agency (PBLP) will be necessary; that the process should be expedited. Commissioner Cardamone stated that Mr. Bovinett's operating a business without an occupational license and denying a police encounter when the police report is part of the Board of Adjustment file raises concern; that providing for vending of ice cream in residential neighborhoods is not opposed; however, ice cream vendors sell items in additional to ice cream, e.g., soda, candy, and gum; that problems with issues, i.e., hours of operation, noise, locations at which the ice cream truck will stop, and the safety of children approaching the trucks could result; that a recommendation from the Administration would be appropriate; that the potential of requiring ice cream vendors to be bonded should be reviewed. Vice Mayor Dupree called for a vote on the motion to refer the issue to the Administration for development of a mechanism which will allow the sale of ice cream in residential neighborhoods. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. A. Earlene Mitchell, 355 Hernando Avenue (34243), representing Junior Science Museum, arranged on the display table in the Commission Chambers a board displaying newspaper articles referencing the history of Fort Armistead and a poster outlining the archaic period; distributed a copy of the Old Oaks subdivision plan; and explained her experience and accomplishments, including State Science and Technology Teacher of the Year, curator of the Ice Age Museum, and President of Junior Science Museum of Manatee County. Ms. Mitchell stated that development of residential homes is proposed on an important archeological site which contains a Spanish fort, a Civil War fort, fossils dating back to the Miocene Age 20 million years ago, and on which a Calusa civilization located a workshop and village. Ms. Mitchell referred to and displayed for Commission reviewing various artifacts including a clay head, pottery shards, a partial Indian necklace, shark teeth, spear points, and arrow heads found on or within one block of the subject site. Ms. Mitchell stated that preparation of the site for development has not yet commenced; that the site, which includes human graves of Calusa Indians and Civil War soldiers, should be preserved and established as a tourist attraction. Commissioner Merrill asked if the archeological significance of a site is reviewed by the City before a building permit is issued and if the State requires developers to cease construction when human graves are identified? Timothy Litchet, Manager of Building, Zoning and Code Enforcement, came before the Commission and stated that City Codes do not include specific provisions regarding archeological significance of a site; that a letter received by the City regarding the archeological significance of the site on which the Old Oaks subdivision is proposed was forwarded to the Sarasota County Department of Historical Resources; that the property owner, who is aware of the issue, had archeological surveys completed in 1991-1992; that the State could become involved if human remains are found on site. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to refer to the Historic Preservation Board review of mechanisms to protect sites of archeological significance. Commissioner Merrill stated that the Commission has received two presentations and the property owner acknowledges the historical and archeological significance of the subject site; that the County provides for review of development schemes on sites of archeological significance; that the City should consider participating in the County's program; that comments should be requested from the Historic Preservation Board as to whether City BOOK 43 Page 16262 03/02/98 6:00 P.M. BOOK 43 Page 16263 03/02/98 6:00 P.M. provisions are necessary to address and preserve archeological sites once identified. Jane Robinson, Director of Planning and Development, stated that the Sarasota City Plan provides for review of archeological and historical resources; that the Tangerine Bay Development Company proposal was reviewed for historical significance before Sarabande was developed; that the Old Oaks subdivision proposal was not reviewed by the Planning Department or the PBLP; however, she met with the property owner, Richard McCloud, after the archeological issue was raised; that Mr. McCloud met with and presented archeological studies post-dating those previously reviewed by the Department of Historical Resources; that Lorrie Muldowney, Sarasota County Historical Resources Specialist, informed her verbally that based on review of the more recent archeological studies and the Old Oaks subdivision plan, the Department of Historical Resources was satisfied Fort Armistead would be protected; that confirmation in writing will be requested. Commissioner Cardamone stated that the material received by the Commission referencing the historical and archeological significance of the subject site has been reviewed; that efforts to ensure the area is protected should be considered. Ms. Robinson stated that a presentation from County staff may be appropriate. Commissioner Patterson stated that purchase of the property may be the only means of ultimately preventing development on private land; that the subject site, located in a residential neighborhood, could not feasibly be made a tourist attraction; that State law requires the archeological features be recorded and not disturbed; that a presentation from the County's archeological staff would be appropriate to determine if homes could be built over Fort Armistead. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to amend the motion to include requesting a presentation from the County's Department of Historical Resources on the historical value and preservation efforts to protect Fort Armistead. Commissioner Cardamone stated that the State purchases historical sites for preservation. Commissioner Merrill stated that review by the Historic Preservation Board should be requested to ensure the Sarasota City Plan provides adequate protection for historical and archeological resources. Vice Mayor Dupree called for a vote on the motion to amend. Motion carried unanimously (4 to 0): Cardamone, yesi Merrill, yes; Patterson, yes; Dupree, yes. Vice Mayor Dupree called for a vote on the main motion to refer to the Historic Preservation Board review of mechanisms to protect sites of archeological significance and to request a presentation from the County's Department of Historical Resources on the historical value and preservation efforts to protect Fort Armistead. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. Jesse Cox, former 12-year resident on the Fort Armistead site, referred to an overlay board display to identify and compare to common-day areas the boundaries of Zara Zota, the specific location of a Spanish ranchero, Fort Armistead, an artesian well, stockades, and Indian mounds. Mr. Cox stated that Zara Zota, the origin for the name Sarasota, literally means "the sacred place of dance"; that the discovery and location of Fort Armistead has been kept secret for the past 12 years by his former landlord; that nondisclosure of the discovery was a condition of his lease; that he no longer resides on the site; and therefore, can now disclose the location; that Fort Armistead is located at 1916 Indian Beach Drive; that a $10,000 archeological report is on file in the City's Planning Department. Mr. Cox referred to the conceptual site and development plan for the Old Oaks subdivision and to the board display prepared to identify areas where Florida Power & Light (FPL) violated a grave, cut down 500- to 1,000-year-old oak trees, in violation of the City's Tree Protection Ordinance, and attempted to violate an Indian mound. Mr. Cox stated that he would be willing to make a presentation and outline the history of the site for the Historic Preservation Board. Commissioner Cardamone asked if the property on which the archeological features have been discovered is vacant? Mr. Cox stated no; that a mansion, a guest house, and the shack which he previously leased from Mr. McCloud are located on the property; that the proposed development may not intend construction over the archeological features; however, access to the historical site by the public will be prohibited. Commissioner Cardamone asked if a structure is built over the specific location of Fort Armistead? BOOK 43 Page 16264 03/02/98 6:00 P.M. BOOK 43 Page 16265 03/02/98 6:00 P.M. Mr. Cox stated no, not over the stockade area; however, the Fort extends from the McCloud property onto the adjacent Brown property. Mr. Cox requested notification of the meeting date on which the issue will be discussed by the Historic Preservation Board. Commissioner Patterson stated that the site of archeological significance appears not to be disturbed by the proposed development; that the subject site is privately owned and public access is not currently allowed. Carolyn Mason, 1495 18th Street (34234), stated that the four- year-old boy who was recently injured in a drive-by shooting on Dr. Martin Luther King, Jr. Way is progressing well and recovering; that the boy's mother was pleased with the success of the recent Gun Buy Back events held by the Sarasota Police Department; that the request later in the Agenda for allocation of funding for the establishment a Guns Gone for Good Reduction Program is supported. Vice Mayor Dupree stated that a contribution fund is being established by a community group to assist with the medical expenses incurred by Stephen Phelps' family as a result of the shooting. 13. UNFINISHED BUSINESS: REPORT RE: : DOWNTOWN ROADWAY IMPROVEMENT PLAN - REPORT GIVEN (AGENDA ITEM VII-1) #2 (0533) through (2618) Dennis Daughters, Director of Engineering/City Engineer, and Asim Mohammed, Assistant City Engineer, came before the Commission. Mr. Mohammed displayed on the overhead projector a chart entitled "Downtown Roadway Improvement Plan, n and stated that a brief update on the concept of a transportation concurrency exception area was presented at a previous Commission meeting; that additional details on the Roadway Improvement Plan component was requested; that a list of roadway improvement projects and possible funding sources identified has been compiled; that most roadway improvement projects are incorporated into the proposed Capital Improvement Plan (CIP); that substantial discussion is anticipated at a later date; that approval is not being requested at this time. Commissioner Patterson asked if Project #8a to add a third westbound lane on Osprey Avenue to U.S. 301 is on the work program of the Florida Department of Transportation (FDOT). Mr. Mohammed stated no; that this project was on the list of Congestion Management Priorities submitted to the Metropolitan Planning Organization (MPO) and will hopefully be approved. Commissioner Patterson asked if Congestion Management Funds will cover the estimated project cost of $1.4 million. Mr. Mohammed stated that each County is allocated $800,000 annually for Congestion Management projects. Commissioner Patterson stated that Sarasota County's entire funding for two years would be required for this project; and asked if other funding sources are available. Mr. Mohammed stated that Congestion Management Funds are just one source of funding; that this project could be incorporated into FDOT's regular work program which has a $16 million annual budget. Commissioner Patterson stated that incorporating this project into FDOT's regular work program seems more likely. Mr. Mohammed stated that the Commission could consider both options and decide which option is most favorable. Commissioner Cardamone stated that Project #10 to coordinate signals and increase traffic signal green time on Lemon Avenue at Fruitville Road should also include a review of the traffic signal on Central Avenue at Fruitville Road; that the traffic signal on Central Avenue should have a longer green time; that Central Avenue is in the Rosemary District where significant City funds have been spent to promote development; that the long delay in crossing Fruitville Road creates an uncomfortable situation; that Projects #13 and #16 to remove traffic signals at Goodrich Avenue at Fruitville Road and Orange Avenue are excellent; that regarding Project #21 to erect a northbound sign to "Use Links Avenue for Main Street," her recollection is the Commission discussed using Golf Street for a left turn for southbound U.S. 301 traffic rather than encountering extensive traffic at Ringling Boulevard and U.S. 301; that directing west-turning southbound U.S. 301 traffic to Golf Street, would make the intersection at Ringling Boulevard and U.S. 301 less of a problem. Mr. Mohammed stated that the idea is good and will be investigated. Commissioner Cardamone asked if the video camera system is to examine traffic patterns and if the desired results are being produced? Mr. Mohammed stated that the video camera system has been implemented; however, the pictures are not very clear; that the BOOK 43 Page 16266 03/02/98 6:00 P.M. BOOK 43 Page 16267 03/02/98 6:00 P.M. camera examines traffic back-up on the streets being assessed; that the desired results are being obtained; although better picture quality is desired. Commissioner Cardamone stated that much of the information in the Roadway Improvement Plan was presented at a meeting of the Tiger Bay Club; that Mr. Mohammed and Commissioner Merrill did an excellent job of explaining the City's awareness of the problem and the diligent corrective action being taken. Mr. Mohammed stated that this presentation is to assure the Commission that the Roadway Improvement Plan is not just an exercise but a reality; that the Engineering and Finance Departments are working closely together to assure inclusion of these projects in the proposed CIP. Commissioner Patterson stated that regarding Project #13 to remove the traffic signal at Fruitville Road and Goodrich Avenue, Century Bank is located on the corner and a drive-in facility was just constructed; that the area has a large volume of traffic; that the proximity of another traffic signal is understood; however, removal of the traffic signal could result in many accidents. Mr. Mohammed stated that a signal warrant removal analysis is required and monitoring will be implemented to assure the area will be safe. Commissioner Patterson stated that her concern is whether some of the listed items are realistic as FDOT may or may not agree or the MPO may or may not have examined or prioritized the projects. Mr. Mohammed stated that prioritizing in the MPO process requires recognizing, documenting and having Commission support to resolve the problem; that no assurances can be given; however, a positive track record at the MPO Board has been experienced with the Commissioners diligent efforts. Commissioner Patterson stated that Project #6 is to extend Fruitville Road to the Ringling Causeway Bridge in the year 2009/2010 at a cost of $8 million; that the land will likely be developed long before that time; and asked if the developer has agreed to reserve any right-of-way? Mr. Mohammed stated that preliminary discussions have been held with the property owner and co-developer of the property with whom Staff will again meet next week to present the potential of Project #6; that the property and co-developer understand the importance of the project to their property's development due to traffic problems in the area; that the possibilities are unknown at this time; that the property owner and co-developer need access to the site and the City must mitigate traffic congestion. Commissioner Patterson stated that an update would be appreciated; that the most often asked question concerning the future of the City's transportation system concerns this area. Mr. Mohammed stated that updates will be provided. Commissioner Merrill stated that the possibility of removing the traffic signal at Fruitville Road and Shade Avenue should be investigated; that Fruitville Road is very congested; that traffic backs up past McIntosh Road due to the turning movements into Cardinal Mooney High School, which does not have the capacity for a large volume of vehicles; that major traffic congestion occurs in the morning on Fruitville Road; that regarding Project #14 to provide a smooth transition between Ringling Boulevard eastbound and Fruitville Road eastbound, his support has been offered in the past; however, a cost estimate was not previously presented; that the theory is to divert traffic from residential areas on Ringling Boulevard to Fruitville Road; however, installing speed tables on Ringling Boulevard would divert traffic without spending $3 million from the Local Option Sales Tax (L.O.S.T.) excess funding. Mr. . Mohammed stated that striping the roadway and making some changes to the traffic signals will be tried first; that approximately $100,000 in funding was provided from the L.O.S.T. to make those changes; that if the changes are effective, the cost-benefit of Project #14 can be analyzed to determine the continued need. Commissioner Merrill stated that making smaller modifications conforms to his thoughts; that speed tables could also be tried; that Project #7 is to: Extend the right-turn lane on U.S. 41 southbound to Gulf Stream Avenue westbound Remove the protected signal phase on U.S. 41 southbound to Gulf Stream Avenue eastbound Remove the left-turn lane on U.S. 41 westbound to Gulf Stream Avenue southbound and replace with an exclusive right-turn lane on Gulf Stream Avenue westbound to U.S. 41 northbound Add a third left-turn bay to U.S. 41 northbound to Gulf Stream Avenue westbound and install video cameras and a real-time optimization traffic-adaptive signal control system (SPOT) Commissioner Merrill continued that the left-turn lane on U.S. 41 at Gulf Stream Avenue was widened to a double left-turn lane, extended and the medians removed; that the Bayfront will be turned into a roadway, one lane at a time, if a contrary policy BOOK 43 Page 16268 03/02/98 6:00 P.M. BOOK 43 Page 16269 03/02/98 6:00 P.M. is not developed; that adding one lane to each side of a crosswalk increases the street width by 20 percent and the intersection area by 44 percent; that adding one lane has a tremendous impact on the pedestrian unfriendliness of a crosswalk; that the cost of the entire project is $720,000, which appears relatively small; however, this project is an example of increasing the asphalt surface of a community; that the Commission is also asked to vote to extend Fruitville Road to Gulf Stream Avenue, the purpose of which is to divert traffic off of the Bayfront; that the vision of de-emphasizing the Bayfront as a roadway has been lost and should be revitalized; that the Bayfront is not a convenient method of alleviating downtown congestion but is rather an amenity for the community and a pleasant pedestrian environment; that the symbolism of Project #7 is counter to the concept of creating a pleasant downtown pedestrian environment, which is an essential requirement of successful downtowns; that he will continue to fight this project and will vote "no" on any building projects or a traffic concurrency exception area of which Project #7 is a part; that this project violates everything the City is trying to accomplish downtown. Commissioner Cardamone stated that her recollection is a consensus was reached at the February 17, 1998, Community Redevelopment Agency (CRA) special meeting concerning the widening of U.S. 41 at Gulf Stream Avenue; that Project #7 is not preferred but should remain on the Roadway Improvement Plan to assure continued discussion; that the Bayfront should not lose its pleasant pedestrian environment. Commissioner Patterson stated that silence should not be interpreted as consensus; that the configuration of the proposed road widening is not well enough understood to make a decision; that her vote against widening the roadway is not guaranteed if the result is to lose the Renaissance of Sarasota project, incurring the liability of having guaranteed concurrency, or not having development on the Ringling Towers property; that the concerns are understood; however, a negative position will not be taken until the possibilities are thoroughly explored and understood; that some very important pieces of property should be developed to assure the City's future; that a consensus does not exist at this time. Commissioner Cardamone stated that her understanding was a consensus had been reached that the Commission did not favor adding a third lane to U.S. 41; that the project should remain on the Roadway Improvement Plan to assure continued discussion; that adding a third lane will not, in her opinion, break the deal on the Renaissance of Sarasota project; that if a third lane is required, her support for a third lane will be offered; that her understanding was that none of the Commissioners preferred adding a third turn lane as the turn lanes will be difficult to navigate; that marking the turn lanes with reflectors, striping, etc., was discussed if a third lane becomes necessary. Mr. Mohammed stated that alternatives to a third turn lane are still being investigated; that any possible way to avoid the extra lane will be found; that Staff will continue to work with the Commission. Commissioner Cardamone stated that the project remains on the list. Mr. Mohammed stated that is correct. Commissioner Patterson stated that Project #24 is to realign 10th Street to the north at the intersection of U.S. 41 and Orange Avenue at a cost of $4 million, which is pointless unless the capacity is increased; that additional explanation will be necessary. Mr. Mohammed stated that the term realignment may not be accurate; that two lanes will be added to the north if 10th Street is made a continuous four-lane road from U.S. 41 to U.S. 301 to maintain the integrity of the Gillespie Park neighborhood and to create a buffer between 10th Street and Gillespie Park. Commissioner Patterson stated that an impact on the neighborhood may be a created; therefore, a thorough explanation would be necessary; that the project is forecasted for the year 2008/2009; however, advancing the project may be desired if a conse ensus for a third lane on U.S. 41 is reached; that the forecasted dates can be changed if necessary. Mr. Mohammed stated that is correct. Vice Mayor Dupree stated that the Roadway Improvement Plan does not include improvements at the intersection of Fruitville Road and U.S. 41; that numerous complaints have been received about the traffic signal red time for eastbound and westbound traffic at the intersection of Fruitville Road and U.S. 301. Mr. Mohammed stated that improvements at this intersection were originally included; that the intersection of Fruitville Road and U.S. 301 is a problem; that few solutions are available without acquiring additional right-of-way and impacting the parking of adjoining property owners; that the only flexibility is on the west side of U.S. 301; that no solution has yet been found. Vice Mayor Dupree asked if the timing of the traffic signal would change the situation? Mr. Mohammed stated no; that a fixed amount of time would still be available; that Staff will continue to explore solutions. Vice Mayor Dupree stated that Project #23 is to improve and extend 17th Street to Orange Avenue; and asked if the residents' BOOK 43 Page 16270 03/02/98 6:00 P.M. BOOK 43 Page 16271 03/02/98 6:00 P.M. views about increased traffic through their neighborhood have been studied? Mr. Mohammed stated that public hearings were conducted; that an open house was held several years ago and many public comments received; that Project #23 is an important part of the transportation network, could have a greater impact than other smaller transportation changes around the Bayfront, and could divert traffic from the Bayfront to U.S. 301 or farther east. Mr. Daughters stated that the Roadway Improvement Plan has not yet been taken to the neighborhoods as the Commission's reaction was desired first. Vice Mayor Dupree stated that a call was received concerning Project #22 to channel a new through curb lane on U.S. 41 southbound at U.S. 41 and allow free traffic flow; that residents on High Point Drive currently have great difficulty entering or exiting; that creating a freer flow of traffic will increase the problem; that crossing U.S. 41 will also be more difficult for Sarasota High School students living on the west side of U.S. 41. Mr. Mohammed stated that the traffic signal at Bay Street and U.S. 41 intersection will continue to stop traffic, providing adequate time to exit. Commissioner Merrill stated that the Fruitville Road and U.S. 301 intersection will probably get progressively worse faster than any other intersection due to increasing development; that development pressures had not occurred on Fruitville Road until the last few years; that other cities have considered satellite parking lots or declaring a moratorium on additional road widening in a specific area; that an opposite approach is not to provide parking in the downtown area; that developers typically build, and then a public outcry is heard about the absence of parking or increased traffic; that demands are placed on Commission to correct the deficiencies; that the creation of a traffic concurrency exception area, meaning roads will not be built and congestion will exist, does not work; that cities do not typically declare that no more roads or parking spaces will be built; that New York and Los Angeles were once small cities; that a method must be found to assure a problem is not created for future Commissions if the concept of no longer tying development to concurrency is embraced; that office buildings are currently allowed to have inadequate parking; that developers of new office buildings provide only the mandated parking; that the assumption is citizens will complain to the Commission, which will authorize construction of new parking; that the concept of a traffic concurrency exception area is of concern unless a philosophical statement is advanced to assure the Commission will preserve pedestrian activity downtown, the Bayfront as an open space, etc.; that those accepting the widening of U.S. 41 at Gulf Stream Avenue do not share his philosophy; that a clear philosophy of what the City will do and why is necessary to gain his support of a traffic concurrency exception area. Commissioner Cardamone stated that a philosophy of what the City will do can be developed; that widening streets all over the City is not desired; that the Commission is very concerned with maintaining a small town feeling; that downtown St. Petersburg has large six-lane roads along the Bayfront, the rationale for which is not understood; that policy or philosophical statements supporting the goals the Commission has worked hard to attain and retain is imperative and supported in conjunction with a traffic concurrency exception area; that the new Land Development Regulations (LDRs) provide the opportunity to change the office building parking requirements; that the high price of success is being paid; that the City is experiencing an economic boom of which maximum advantage should be taken; that policies and philosophies can address difficult issues. Commissioner Patterson stated that the discussion causes unease as Commissioner Cardamone seems to be saying agreement exists but agreement does not exist; that the City's office building parking policy is inadequate and probably less than half of the true requirement; that office buildings have never provided sufficient parking, are taking public parking, and are driving the need for more parking for the businesses providing the pleasant downtown atmosphere, i.e., the restaurants, etc.; that office buildings are important but should provide their own parking and not expect public largesse to meet the need; that the City is heading more in that direction instead of less; that providing more public parking, or increasing the requirements for office building parking, counters proposals for satellite parking lots with jitneys, which will not work unless a decision is made not to provide adequate parking and roads downtown; that such action will not be considered until Sarasota County provides a good public transportation system, which is far into the future; that until then, the City will be in the business of providing parking; that the office building parking requirements should be changed to reflect reality and to avoid the necessity of considering another parking garage every two years; that incremental road changes should be made; that 18-story apartment complexes should not be approved if the City is going to preserve a small-town feeling by keeping vehicles out of the downtown area; that small towns do not have several 18-story apartment complexes; that downtowns are intended to have a certain amount of congestion; that the Commission's responsibility is to assure downtown is not destroyed to relieve congestion; that the viability of the downtown must be assured; that the Commission walks a fine line; that establishing a policy going too far in either direction would be a mistake. BOOK 43 Page 16272 03/02/98 6:00 P.M. BOOK 43 Page 16273 03/02/98 6:00 P.M. Mr. Mohammed stated that one of the most important elements of the Roadway Improvement Plan is to form a Transportation Management Organization (TMO), which has worked well in other cities; that the purpose is to coordinate programs such as ride- sharing and car-pooling programs, staggered hours, etc.; that quantifying the impact of a TMO is difficult; that the Administration is aware of these programs and will work towards the objective of creating a TMO. Commissioner Patterson asked if the MPO Transportation Management initiative will be ignored? Mr. Mohammed stated that the MPO has offered the City funding for a position to handle these activities in the coming year; that the City can probably do a better job than the MPO by working with the Downtown Association, Sarasota County, and the City's larger employers. Commissioner Merrill stated that two different philosophies exist; that providing no parking is a direct and different approach, which is followed by New York City; that one or the other philosophy should be chosen; that building satellite parking lots and allowing the construction of additional parking does not work; that the problem with a no-build parking philosophy is that a Commission could suddenly allow parking lot construction and a lot of money could be made; that the Commission is responsible for adherence to the philosophy; that the Commission should develop a set of parameters to retain a small town feeling, if development is allowed to continue downtown; that the scale and character of Sarasota is enjoyed and should be maintained; that driving on Orange Avenue into downtown, which is a two-lane roadway, in the morning is enjoyed; that creating housing in downtown is the only way to achieve his objective, which is the reason for his support of housing at the Renaissance Project site; that downtown residents will not have to drive a long a distance and will not complain about the congestion; that the drive from his house downtown on a Sunday morning is about six minutes, but is fifteen minutes at rush hour; that the difference is minimal; that people who want the U.S. 41 intersection at Gulf Stream Avenue widened probably do not live nearby; that the Commission should have a strong vision for the community if a traffic concurrency exception area is adopted; that concurrency may be simplistic but it is a standard on which the public can rely; that a different control should be implemented if the public's control of concurrency is eliminated; that the control must be a philosophy as to what makes the standard work; that the philosophy has not yet been presented but is desired sO development generating a public demand for public roadways and parking lots is not allowed; that the way to achieve the balance is not known; that eliminating concurrency does not achieve the balance; that a control mechanism is necessary to maintain the balance. Commissioner Patterson stated that eliminating concurrency is not desired; that a method should be found to achieve concurrency for the few big projects which the City has identified as important to complete; that her support may be given to the traffic concurrency exception area if absolutely necessaryi however, her support is uncomfortable and not assured. Mr. Mohammed stated that the Roadway Improvement Plan will be modified based on the Commission's comments; that a traffic concurrency exception area is one of the better choices based on the knowledge of the area; that a philosophical balance must be provided, which Staff will attempt to do; that many progressive Florida cities have implemented traffic concurrency exception areas and managed them well; that more work must be done; that Staff will come back to the Commission. Commissioner Cardamone stated that the discussion has been valuable; that each Commissioner senses the direction in which the City must move; that large satellite parking lots outside the City are not desired. Commissioner Merrill agreed. Commissioner Cardamone asked the status of office building parking requirements in the LDRs? Jane Robinson, Director of Planning and Development, came before the Commission and stated that the parking requirement for downtown buildings is one space per 350 square feet of floor area; that the parking requirement for office buildings is generally one space per 150 or 175 square feet. Commissioner Cardamone stated that the City's requirements are about half of what the requirements should be. Ms. Robinson stated that in the late 1980's, the City had no parking requirements in the Commercial, Central Business District (C-CBD) Zone District; that the first public hearing for the LDRS will be May 31, 1998; that the parking standard for the downtown will be reviewed; that her belief is the parking standard for the downtown in the LDRs has not been adjusted. Commissioner Patterson stated that large office buildings are the concern; that requiring parking for a new store on Main Street does not make sense. Ms. Robinson stated that parking is not required for a structure less than 10,000 square feet. Commissioner Patterson stated that large office buildings are desired in downtown Sarasota; however, adequate parking facilities should be required. BOOK 43 Page 16274 03/02/98 6:00 P.M. BOOK 43 Page 16275 03/02/98 6:00 P.M. Commissioner Cardamone stated that a parking analysis was previously conducted; that many large buildings with parking garages were reserving spaces for their customers and leasing dozens of City parking spaces, which caused her concern; that the City is now only leasing parking spaces to buildings with no parking garages. Commissioner Patterson stated that the C-CBD Zone District will eventually cease to exist; that the proposed Sarasota City Plan has a central business district core with different zoning districts; that the same zone districts may not be kept. Ms. Robinson stated that the C-CBD Zone District comprises the area from Ringling Boulevard to Fruitville Road; that the central City land-use classification will cover a larger area; however, the C-CBD Zone District will not go as far north as 10th Street due to the intensity. Leonard Apfelbach, 99 Sunset Drive (34246), President of the Lawrence Park Condominium Association, stated that he moved to Sarasota five years ago and has been coming to Sarasota since 1982; that his attraction to Sarasota was the beautiful waterfront and downtown area, i.e., the green areas, the boats, etc., which is similar to Chicago; that Chicago has large roads but has preserved much of the green space; that the proposed Fruitville Road extension is scaryi that a choice will be necessary between extending Fruitville Road or building a Ritz Carlton Hotel; that more concrete and asphalt is not desired and will ruin surrounding residential areas by the noise and pollution; that the proposed hotel would be the only Ritz Carlton Hotel in the Country with a road running underneath, if Fruitville Road is extended; that tax base will be lost if a road is developed with no residential properties; that the City has not addressed the problem of the volume of vehicles using the Ringling Causeway Bridge but was distracted by the design of the bridge, which is a minor point; that studies indicate 75 percent of the traffic going across the Ringling Causeway Bridge is going to Longboat Key, which is an issue the City should address; that the Commission should urge the FDOT to build a bridge to Longboat Key; that every barrier island in Florida has multiple bridges except Longboat Keyi that residents of Longboat Key are very vocal and are accommodated; that adding traffic lanes on U.S. 41 at Gulf Stream Avenue will destroy the waterfront; that the Commission is congratulated on its aversion to paving over green areas and ruining the downtown; that the green areas should be preserved; that the traffic downtown is not bad when compared to many major cities. Commissioner Cardamone expressed appreciation to Mr. Apfelbach for bringing the issue to the Commission; and stated that at a meeting of the Planning Board/Local Planning Agency (PBLP), a woman expressed strong sentiment that the City was held hostage by residents of Longboat Key who create most of the traffic going across the Ringling Causeway Bridge; that much of the traffic is driving through and not destined for St. Armands Circle. Mr. Apfelbach stated that one of the most charming aspects of Sarasota is St. Armands Circle, which is being choked and ruined by traffic. 14. UNFINISHED BUSINESS: APPROVAL RE: REQUEST BY THE ADMINISTRATION TO RESCIND APPROVAL OF ORDINANCE NO. 98- 4039, WHICH AMENDED REGULATIONS PERTAINING TO PARKING FOR CERTAIN DISABLED PERSONS - RESCINDED (AGENDA ITEM VII-2) #2 (2618) through (2826) Mark Singer, City Attorney's Office, came before the Commission and stated that the Commission is requested to rescind Ordinance No. 98-4039, which was a non-controversial amendment to the City's disabled parking regulations and which was passed at the regular Commission meeting of February 17, 1998, but which has not yet been signed by the Mayor; that subsequent to passage, Police Department Staff identified some problems and potential confusion if Ordinance No. 98-4039 became effective; that last year the State Legislature enacted a provision to have a disabled parking citation dismissed by the Clerk of the Court upon presentation of proof of eligibility to park in a handicapped parking space despite the lack of display of a handicapped permit; that provision was made for the payment of an administrative fee of $5 for dismissal; that this provision was thought to be beneficial to the City; that in the 1980s the State Legislature, which had previously provided a $15 fine for illegally parking in a disabled parking space, gave the authority to local jurisdictions to increase the fine to $100 and allowed local jurisdictions to keep a substantial portion; that the maximum fine was later increased to $150 and is now $250; that the City has kept the fine at $150 for some time; that legal research was conducted, revealing some areas in the existing City's parking regulations should be addressed due to changes adopted by. the Legislature in 1996; that something simple was made complicated; that his perception was the State Legislature had eliminated local government's authority to obtain an enhanced fine in 1996; that the Statute had two sections for many years: one concerning handicapped parking spaces provided by government entities and one concerning spaces provided by non-government entities; however, in 1996 the Legislature consolidated the two sections into one; that the manner in which the consolidation was accomplished was confusing, resulting in his misunderstanding; that the increased fine for parking in non-governmental parking spaces was deleted in Ordinance No. 98-4039 based on his BOOK 43 Page 16276 03/02/98 6:00 P.M. BOOK 43 Page 16277 03/02/98 6:00 P.M. misunderstanding; that the best approach is to rescind the ordinance; that confusion and unwarranted changes are not desired; that recision will take the issue back prior to second reading and allow for additional review; that a revised ordinance may or may not be returned to the Commission; that the request is a motion to rescind the vote taken to pass Ordinance No. 98-4039 on second reading; that the motion to rescind requires a two- thirds vote. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to rescind passage on second reading of Ordinance No. 98-4039. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 15. NEW BUSINESS: APPROVAL RE: 1996-97 AUDITORS' MANAGEMENT LETTER AND THE ADMINISTRATION'S RESPONSE - APPROVED (AGENDA ITEM VIII-1) #2 (2839) through (3221) City Manager Sollenberger stated that the City's audit is conducted by CPA Associates, P.A.; that representatives of the firm are present and wish to comment; that the Administration has prepared responses to the audit recommendations; that authority will be requested to forward the Auditors' Management Letter and the City's response to the State's Auditor General. William Hawthorne, C.P.A., Partner, and James Kading, C.P.A., Audit Manager, CPA Associates, P.A., came before the Commission. Mr. Hawthorne stated that as in previous years another good audit was completed for the fiscal year ending September 30, 1997; that the field work was completed in December 1997; that the Management Letter was completed in January 1998; that meetings with Department Heads and an exit conference with the City Manager and the Director of Finance were held; that in February 1998, the final draft of the Management Letter was presented; that City Staff responded; that several items were discussed; however, none are considered a material weakness in internal control; that Staff has concurred with the findings; that some work was started and completed prior to the conclusion of the audit; that Staff was very responsive. Mr. Hawthorne stated that good news is torthcoming; that the Management Letter is required by State statute and covers only. mandated topics; that in addition, Staff of the Information Services and Technology (IST) Department were interviewed regarding the computer systems; that one item was consideration of the City's efforts related to the year 2000 problem; that some computer applications may become ineffective at that time; that the City's hardware systems, including personal computers and peripherals, have been upgraded or replaced to assure compliance with any software to address the four-digit date problem; that all activity was conducted in accordance with the manual; that an inventory was conducted of all in-house software programsi that a consultant was hired to review the programs to determine problems; that the review concluded that the cost in dollars and time to rewrite the in-house software programs would be extremely high; that a decision was made that the in-house software programs would be replaced with purchased software systems; that this project should be completed by the end of this fiscal yeari that the major programs which have already been replaced include: Payroll, Planning and Engineering, Inventory, Water and Sewer Bill Collection, and Code Enforcement and Code Permitting; that the Purchasing, Accounts Payable, General Ledger and Accounting functions are currently being replaced; that funds have been budgeted to purchase a network management tool, which will allow monitoring of all the City's personal computers running on a concurrent basis, monitoring operating systems being used and documenting the control functions for the various personal computers; that based on the firm's experience with other audit clients, no other organization has made as much progress as the City on this problem; that the City and particularly the IST Staff are complimented on the progress made. Vice Mayor Dupree stated that the comments are appreciated; that CPA Associates, P.A., is also commended on the careful auditing procedures and the valuable audit findings. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to approve the Administration's response to the Auditors' Management Letter. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. 16. NEW BUSINESS: DISCUSSION RE: : PROPOSED AMENDMENTS TO THE SARASOTA COUNTY WATER AND NAVIGATION CONTROL AUTHORITY ORDINANCE - APPROVED THAT THE CITY WILL ENFORCE CURRENTLY ENACTED CITY CODES; SARASOTA COUNTY WILL BE REQUESTED TO MODIFY THE PROPOSED ORDINANCE ACCORDINGLY (AGENDA ITEM VIII-2) BUILDING, ZONING AND CODE ENFORCEMENT MANAGER LITCHET #2 (3312) through (3635) City Manager Sollenberger stated that Sarasota County is studying a revision to its water and navigation control authority ordinance, which will pertain to docks in the City unless an exemption is requested. Timothy Litchet, Manager of Building, Zoning and Code Enforcement, and Mark Singer, Attorney, City Attorney's Office, came before the Commission. BOOK 43 Page 16278 03/02/98 6:00 P.M. BOOK 43 Page 16279 03/02/98 6:00 P.M. Mr. Litchet stated that Sarasota County has forwarded a copy of a proposed ordinance to regulate dredging, filling and any other activity altering waters and shorelines in Sarasota County; that the proposed ordinance also affects docks and piers, and as currently drafted, applies to all municipalities within Sarasota County; that the policy issue for the Commission is to determine which provisions of the proposed ordinance, if any, should be effective in the City; that the areas the City currently regulates through the Zoning Code include dock construction, seawalls, groins, beach protective devices, and certain aspects of dredging and filling; that Staff's recommendation is a motion to direct City Staff to advise the Sarasota Board of County Commissioners and County Staff that the City will continue to enforce and regulate, as currently enacted, the City's codes related to dredging, filling and other activities having the effect of altering waters and shorelines within the City, including the construction of docks and piers; that if passed, Sarasota County will be requested to modify the proposed ordinance to be consistent with the motion. Vice Mayor Dupree asked the Administration's recommendation. City Manager Sollenberger stated that a motion to support the Administration's recommendation is requested. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve the Administration's recommendation. Motion carried unanimously (4 to 0): : Cardamone, yesi Merrill, yes; Patterson, yes; Dupree, yes. Commissioner Patterson stated that the hope is the City will work closely with Sarasota County if Sarasota County dredges waterways to facilitate drainage in the Phillippi Creek Basin; and asked how the application of the proposed ordinance to the City was determined? Commissioner Cardamone stated that a courtesy call was received about eight months ago. City Attorney Taylor stated that the proposed ordinance was formally transmitted by the Sarasota County Attorney's Office with a letter, and later by a telephone call, asking specifically for the City's response. Commissioner Patterson stated that Sarasota County has a department with expertise in approving docks; that the proposed ordinance would have to be analyzed; that the motion to exempt the City from the County's ordinance was supported; however, the City's dock ordinance is not ideal; that the City does not have the necessary expertise to develop the requisite standards; that some advantages may be gained from having Sarasota County administer an ordinance for the City. Commissioner Cardamone stated that Sarasota County's proposed ordinance would require review to determine what portions could be adopted. 17. ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1057, APPROPRIATING $50,000 FROM THE SPECIAL LAW ENFORCEMENT TRUST FUND (FORFEITURES) TO FUND THE OBLIGATION OF PAYMENTS TO CITIZENS IN THE GUNS - GONE - FOR - GOOD REDUCTION PROGRAM ADOPTED (AGENDA ITEM VIII-3) #2 (3635) through #3 (0670) City Manager Sollenberger stated that the Chief of Police called on Saturday, February 28, 1998, to advise that funding of over $20,000 was required for the very successful firearms buy-back program. John Lewis, Chief of Police, stated that a shooting of a four year old by a teenager led to the initiation of the weapons buy- back program; that the incident raised the awareness of violence and firearms in the Community; that within days, a number of organizations and citizens requested something be done to get firearms off the street; that Dominos Pizza offered merchandise for anyone turning in a firearm; that others came forward with offers of merchandise due to the publicity of the news media; that anonymous donors brought in $5,000 in cash in $100 bills for distribution to everyone turning in a firearm; that the program was well publicized; that the first buy-back program was conducted in Newtown at the Police Resource Center; that the second buy-back program was conducted at the Gillespie Park Police Substation; that the buy-back program was "no questions asked"; that the anticipation was to receive 60 to 75 weapons at the second buy-back program, which would exceed the money contributed; that the balance would be funded by the Police Department; that everyone in the community, including Police Officers with 18 to 25 years of service, were astounded with the receipt of over 350 firearms at the Gillespie Park Police Substation; that the available funds were exceeded by about $32,000; that the Commission is requested to authorize $50,000 from the Law Enforcement Trust Fund (LETF) to pay the vouchers for the firearms collected and to fund future buy-back programs; i that the program was implemented quickly due to the expressed community need; that an assessment of the methodology and the price paid will be conducted; that similar programs in other communities will be evaluated; that community corporations, businesses and individuals will be requested to fund similar programs in the future. Vice Mayor Dupree asked for clarification of LETF monies. BOOK 43 Page 16280 03/02/98 6:00 P.M. BOOK 43 Page 16281 03/02/98 6:00 P.M. Chief Lewis stated that LETF monies are generally comprised of money seized during narcotics operations. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1057 in its entirety. Vice Mayor Dupree asked the Administration's recommendation. City Manager Sollenberger stated that approval of Resolution No. 98R-1057 is recommended. On motion of Commissioner Patterson and second of Commissioner Cardamone, it was moved to adopt Resolution No. 98R-1057. Commissioner Patterson stated that finding a mechanism to pay for the program is appreciated; that delight is expressed with the prospect of 350 less firearms on the street than previously; however, an enterprising individual could buy non-functional firearms for $20 and resell those firearms to the City for $100; that the hope is such enterprise is not being conducted; that examining the price is a good idea. Chief Lewis stated that the potential for abuse does exist. Commissioner Merrill asked the quality of the Eirearms purchased and where such firearms can be purchased? Chief Lewis stated that the Police firearms expert appraised the average value at $60 to $75; that some of the firearms could not be purchased legally; that about 35 weapons were illegal; that one weapon was valued at $700 as a collectors' item; that some semi-automatic guns or tommyguns were collected; that about 98 percent of the firearms were in working condition; that over 30 firearms were loaded; that the value for the money may not have been received; however, the value was obtained by getting these firearms off the street. Commissioner Merrill stated that these programs have been criticized by some commentators; that a $65 firearm could be turned in for $100 and a $100 firearm purchased; that the certainty of eliminating firearms from the street is not known; and asked why the $700 firearms was brought in? Chief Lewis stated that the value may not have been known; that the desire may have been to get rid of the firearms; that the Federal Department of Alcohol, Tobacco and Firearms (ATF) has been requested to trace the last known owner of the firearms collected; that local crime reports are also being reviewed to determine if the firearms are stolen Commissioner Merrill stated that increased safety cannot be assured with certainty; that $65 firearms could have been upgraded to $100 firearms; and asked if the program is law enforcement or public relations? Chief Lewis stated that in his opinion, the program is law enforcement; that the illegal firearms have been taken off the street without risk to the Police Officers; that the certainty of increased safety is difficult to answer; that the citizens and Police Officers are encouraged by number and type of firearms collected; that the expressed community need dictated quick action; that the program will be thoroughly reviewed to assure the cost effectiveness and the reasonableness of the exchange price. Commissioner Cardamone stated that these questions were also posed to the Chief of Police previously; that the program should not promote the idea of stealing a firearm to get $100; that a reassessment is desirable; that the $700 firearm was probably not stolen to sell; that the firearm was probably stolen, has been hidden, and someone in the home decided to get rid of the firearm; that adequate time was not available to obtain a firearm at a pawn shop due to the required waiting period; that entrepreneurial individuals may participate in the next buy-back program; that some stolen firearms which have been lying around were probably recovered; that her optimism is those firearms are off the street; that too much may have been paid; however, success sometimes has a high price. Vice Mayor Dupree stated that his view is optimistic; that no proof exists either way about getting firearms off the street; that a number of people in Sarasota may have been inundated by the news of children obtaining access to firearms and shooting themselves or other children; that this program may have been viewed as an opportunity to get rid of firearms in the home; that the community has a great sense of wanting to protect their families and fellow neighbors; that the desire is to get the firearms off the street as fast as possible. Commissioner Patterson stated that a lower buy-back price may avoid the possibility of turning in a $65 firearm to get a $100 firearm; that estimating the value and paying between $25 and $100 is another possibility; and asked if someone from St. Petersburg, for example, would be paid $2,000 for 20 firearms? Chief Lewis stated probably not; that the objective was to provide individuals in the local community an opportunity to get rid of firearms in their homes; that two to three firearms were the most turned in by one person; that the participants were a good cross section of the community and not all males between the ages of 18 and 22; that overall the program raised the awareness of the community about firearms and their use in violent crime and was worth the investment. BOOK 43 Page 16282 03/02/98 6:00 P.M. BOOK 43 Page 16283 03/02/98 6:00 P.M. Commissioner Patterson stated that $50,000 is a considerable amount of money and would pay the salary and benefits of a Police Officer for one year; that delight as well as dismay is expressed; that hearing the price will be examined is pleasing. Commissioner Merrill stated that his vote may have been negative; that perhaps a victory should be declared and the $30,000 paid with no additional funds approved. Chief Lewis stated that approval of $50,000 is requested with the understanding that the specifics of the next buy-back program will be brought back to the Commission. Commissioner Merrill stated that support of the $50,000 is requested; however, the next buy-back program would not occur until guidelines were developed and approved by the Commission. Chief Lewis stated that is correct. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to amend the motion to add a stipulation that the balance of the funds would not be allocated until a definitive plan is developed and approved by the Commission. Commissioner Patterson asked if the balance of the funds would be allocated for the purpose of a buy-back program? Chief Lewis stated yes. Commissioner Merrill stated that the funds will be allocated for a buy-back program if the program developed makes sense. Vice Mayor Dupree stated that $50,000 is a lot of moneyi however, removing one, two or three firearms from the streets which may save a life is desirable; that one life is worth infinitely more than $50,000. Vice Mayor Dupree called for a vote on the motion to amend the main motion. Motion carried unanimously (4 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Dupree, yes. Vice Mayor Dupree asked City Auditor and Clerk Robinson to proceed with the roll-call vote to adopt Resolution No. 98R-1057 as amended. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. 18. BOARD APPOINTMENT RE: BOARD OF RULES AND APPEALS APPOINTED STEVEN M. LEE AND JOHN A. CUSMANO (AGENDA ITEM IX-1) #3 (0670) through (0759) Commissioner Patterson nominated Steven M. Lee to fill the seat designated for a licensed fire sprinkler contractor. Commissioner Patterson stated that two applications were received for the Board of Rules and Appeals; that neither applicant is a City resident; however, several calls and letters were received from people known and respected in support of Mr. Lee since his application was considered at the last regular Commission meeting; that no input has been received concerning the other applicant, John A. Cusmano. City Auditor and Clerk Robinson stated that Mr. Cusmano's business is located in the City. Commissioner Merrill stated that attracting applicants to the Board of Rules and Appeals has been difficult. City Auditor and Clerk Robinson stated that a great deal of difficulty is encountered. Commissioner Merrill nominated John A. Cusmano for the seat designated for a licensed fire alarm contractor. Commissioner Cardamone asked if Mr. Cusmano is the business owner? Commissioner Merrill stated yes; and asked if two separate seats are vacant? City Auditor and Clerk Robinson stated yes. Vice Mayor Dupree stated that there is a consensus of the Commission to appoint Mr. Lee to the seat designated for a licensed fire sprinkler contractor and Mr. Cusmano to the seat designated for a licensed fire alarm contractor on the Board of Rules and Appeals. 19. BOARD APPOINTMENT RE: ROSEMARY DISTRICT REDEVELOPMENT ADVISORY BOARD = APPOINTED VICTORIA A. MAIN (AGENDA ITEM IX-2) #3 (0759) through (0778) City Auditor and Clerk Robinson stated that the vacant seat on the Rosemary District Redevelopment Advisory Board is designated for a representative of the Sarasota Housing Authority (SHA), either a Board member or the Executive Director; that an application has been received from the Executive Director. Commissioner Cardamone nominated Victoria A. Main. Vice Mayor Dupree stated that there is a consensus of the Commission to appoint Ms. Main to the Rosemary District Redevelopment Advisory Board. BOOK 43 Page 16284 03/02/98 6:00 P.M. BOOK 43 Page 16285 03/02/98 6:00 P.M. 20. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - ADMINISTRATION TO REPORT ON DOWNTOWN PARKING HOURS AND PARKING SPACE CRITERIA AS WELL AS FLOODING PROBLEMS (AGENDA ITEM X) #3 (0778) through (3048) COMMISSIONER PATTERSON: : A. stated that a requested was received to maintain the right-of-way between Lido Beach and St. Armands Circle; that the area abutting homes is maintained; however, the right-of-way, which is owned by the Florida Department of Transportation (FDOT) and is probably not a City responsibility, could use regular mowing; that the right-of-way at the approach to the Siesta Key bridge also requires maintenance; that neighbors are preparing a beautification program; that some contributions in terms of dollars and time may be received; that the vegetation should be better manicured. City Manager Sollenberger stated that the problem will be resolved. B. stated that her understanding is the two-hour parking zones downtown are suspended at night and are not enforced; however, the signs do not indicate that fact; and asked if parking is enforced on weekends or at night? City Manager Sollenberger stated that parking restrictions are enforced five days a week during business hours, approximately 8:00 a.m. to 5:00 p.m. Commissioner Patterson stated that the right thing to do is not known; that many businesses are open on Saturdays; that signage should conform to the reality or some signs should be installed indicating enforcement hours; and asked if any purpose is served by not indicating entorcement hours? City Manager Sollenberger stated that one merchant has complained about the lack of enforcement on Saturdays; that some business owners and employees park all day long; that the situation will be reviewed and a report returned to the Commission. Commissioner Cardamone stated that caution should be exercised as employees of downtown businesses may take all the available parking. Commissioner Patterson stated that evenings are the hours of most interest; that the area of most concern is the theater area and the area near the new movie theater; that people would like to park, go to a movie or the theater, and dine at one of the restaurants. COMMISSIONER CARDAMONE: : A. stated that increasing the number of parking spaces has been discussed; that a review of parking space criteria should be presented to the Commission; that every potential parking space should be identified and used in the City. Commissioner Patterson stated that the rules should be presented first. Commissioner Cardamone stated that a review of the manual, whether City or State, containing parking space criteria should be presented to the Commission; that the criteria should be adjusted if established by the City. Commissioner Merrill stated that the City will be sued if an accident occurs in a parking space not meeting the guidelines. Commissioner Cardamone stated that the guidelines may be higher than required; and may have been established by the City twenty years ago when a parking problem did not exist. Commissioner Merrill stated that a book entitled Uniform Traffic Control Devices has the necessary information. Commissioner Cardamone stated that the rules will be learned resulting in either the end of her crusade or the addition of more parking spaces. City Manager Sollenberger stated that a report will be returned to the Commission. B. distributed letters of invitation to the first large group meeting of the Year 2000 Celebration Committee; and stated that a great deal of interest and excitement has developed for the Year 2000 celebration; that a list of everyone associated with the Sarasota Arts Council, any festival or permitted activity by the City, and others important to a successful program has been developed; that once organized, the Year 2000 Celebration Committee can function independently; that the ideas are wonderful. Commissioner Merrill stated that the celebration could be Countywide; and asked if the representatives of the Sarasota Board of County Commissioners have been requested to participate. BOOK 43 Page 16286 03/02/98 6:00 P.M. BOOK 43 Page 16287 03/02/98 6:00 P.M. Commissioner Cardamone stated yes; that Sarasota County Commissioner Ray Pilon is involved; that the celebration will have to be larger than just the City to assure adequate underwriters. C. stated that a copy of the letter to the Veterans' Group concerning the American Doughboy sculpture has not yet been seen. City Auditor and Clerk Robinson stated that a letter is being prepared. D. stated that the Sarasota Classroom Teachers' Association was requested to correct misleading statements concerning Commissioners' comments about the school system; that a letter of correction has not been seen. Commissioner Merrill stated that copies of the Commission meeting tapes were obtained from the Office of the City Auditor and Clerk; that assurances were received that an apology would be torthcoming if any published statements were false. Commissioner Cardamone stated that insistence should be placed on receipt of a letter of correction which should be produced in the same venue from which the misstatements allegedly emanated. E. stated that the City Manager's Commission Information Memorandum of February 26, 1998, reterenced the creation of a Sarasota County Coastal Advisory Committee; that Dennis Daughters, Director of Engineering/City Engineer was assigned to represent the City; and asked if the Committee's deliberations will include the City's bayous and canals? City Manager Sollenberger stated that the issue is going to the Sarasota Board of County Commissioners very soon; that Mr. Daughters is the most knowledgeable to represent the City; that a determination will be made as to the inclusion of the City in the Committee's deliberations. Commissioner Cardamone stated that her hope is the Committee will review the City's bayous and canals; that some restoration and dredging of bayous and canals in the City and the County is anticipated; that if so, help should be afforded residents who paid for their own restoration of Hudson Bayou and living on a major inlet of Hudson Bayou which is completely silted. Commissioner Patterson stated that her understanding from the discussion at the Sarasota Board of County Commissioners is drainage problems, i.e., if silting causes flooding but not if drainage causes silting, will be partially funded; that if not, the funding would be through the establishment of Special Assessment Districts, which is the mechanism used by the City; that the use of general fund dollars was not discussed by the County Commission; that the comment is very appropriate if West Coast Inland Navigational District (WCIND) funding is obtained; however, WCIND probably does not have the necessary resources for this type of project. Commissioner Cardamone stated that the subject was discussed at the Council of Governments last year; that efforts are being made for WCIND to undertake these types of projects. VICE MAYOR DUPREE: A. stated that a follow up should be conducted on the flooding problem experienced by Merle Lilly referenced in the Commission's Community Workshop; that the problem has existed since the 1950s; that something should be done earlier than previously indicated. Commissioner Patterson stated that approximately 50 City families are affected. Commissioner Cardamone stated that the issue has been a concern for years; that nothing seems to be done. Commissioner Merrill stated that money is available from the Local Option Sales Tax (L.0.S.T.). Vice Mayor Dupree asked if the Administration can coordinate with Sarasota County to provide some relief? City Manager Sollenberger stated that a report will be returned to the Commission. B. stated that work has been done on Goodrich Avenue between 34th and Myrtle Streets; however, flood level is reached after a couple of days of continuous rains; that a resident called and indicated the water recedes more quickly but still one to two hours is required; that a heavy downpour is not necessary just a steady rain; that the water is not running off fast enough; that larger drain pipes or a cleaning may be required; that the City has been at the site pumping water; however, the pumping is not solving the problem; that his thought was the problem had previously been resolved. City Manager Sollenberger stated that his understanding was also the problem had been resolved; that the problem will be investigated again. BOOK 43 Page 16288 03/02/98 6:00 P.M. BOOK 43 Page 16289 03/02/98 6:00 P.M. C. thanked the City Manager for the Staff's trip with him to review requirements for road, drainage, and lighting improvement in the Park East, Gillespie Park, Rosemary District, Newtown, and Bayou Oaks neighborhoods; that corrective action is being seen and appreciated. D. stated that the giving of assistance to the Greater Newtown Community Redevelopment Corporation and to the Sarasota County Educational Assistance Program (SCEAP) should be brought to closure; that the Director of Neighborhoods and Redevelopment is regularly attending the organizations' meetings and helping as possible; and asked if closure is imminent? Gregory Horwedel, Director of Neighborhoods and Redevelopment, came before the Commission and stated that several weeks have been spent working with the Greater Newtown Community Redevelopment Corporation; that the Corporation's Board decided to present its recommendations at the first regular Commission meeting in April 1998 when a full Commission will be present. Mr. Horwedel continued that the City and property owner are far apart on a value for the building at the corner of Martin Luther King, Jr., Way and Osprey Avenue in which SCEAP is interested; that negotiations continue; that a recommendation should be developed within two weeks. Commissioner Cardamone asked how far apart the negotiations are? Mr. Horwedel stated more than $100,000. Commissioner Patterson stated that the appraisal was for $180,000 and the asking price is $375,000. Commissioner Cardamone stated that negotiations need not continue. Vice Mayor Dupree stated that an invitation was extended to the Commission to visit SCEAP to assess the need. Commissioner Patterson stated that her recollection is the Commission approved spending $100,000 on the request of the SCEAP Board to enlarge the Police Resource Station to provide room for the program; that her understanding is the Board voted not to pursue acquisition of the building but rather to request the City live up to its commitment concerning the Police Resource Station; that the Board could be contacted to determine the actions taken. Vice Mayor Dupree stated that Commission approval of spending $100,000 is not recalled; that the minutes should be reviewed. City Auditor and Clerk Robinson stated that the minutes will be provided. City Manager Sollenberger stated that SCEAP has some organizational problems; that his information is that a vote was taken by the SCEAP Board to merge with a compatible organization; however, controversy exists in the organization over the vote; that more information is necessary and will be provided in a report to the Commission. Mr. Horwedel stated that a letter from the SCEAP Board in support of this initiative has been requested. Commissioner Cardamone stated that a request for the SCEAP Board minutes would be appreciated; that turmoil apparently exists within the SCEAP Board; that her information was the association merged with the Boys & Girls Club of Sarasota County, Inc., which has a similar program and has the necessary space. Commissioner Patterson stated that copies of the appraisals would be appreciated; that offense is expressed at the asking price after viewing the City's appraisal; that the owner paid $60,000 and the permits cost $11,000, resulting in an investment of $71,000; that the $180,000 appraisal is more than could be obtained on the open market; that the owner has an appraisal for $275,000 which causes distrust and raises a question as to the possibility of a compromise; that the asking price is more than would be obtained for new office space in a prime real estate location; that dollars to support a program is one consideration; that not basing a purchase price on value is another consideration; that the first consideration is using City dollars to support a program; that the second consideration is asking the taxpayer to overpay for a building to support program; that the latter does not make sense; that the owner's appraisal was based on approximately $125 per square foot which is unrealistic. Commissioner Cardamone stated that the wisdom of spending sO much time on this issue is questioned; that an appraisal was requested and has been obtained; that the assistance of the Sarasota County School Board was to be requested; that the City was not intended as the sole support; that the City was to consider support in collaboration with other partners; that SCEAP representatives were to meet with other possible supporters; that the City has no additional work to do. Mr. Horwedel stated that the Community Foundation and the Selby Foundation have been approached; that the Sarasota County School Board is not interested in participating financially; that alternatives have been considered; that a report will be prepared. BOOK 43 Page 16290 03/02/98 6:00 P.M. BOOK 43 Page 16291 03/02/98 6:00 P.M. City Manager Sollenberger stated that an effort is being made to negotiate a supportable price sO a recommendation can be made to the Commission; that the appraisal obtained by the City will be distributed. F. distributed a copy of the Economic Development Report of the Sarasota County Committee of 100; and stated that additional information is available, including the January 1998 Technological Assessment Survey. G. stated that the Economic Development Council (EDC) implemented the Economic Development Plan for the years 1998 through 2003; that the City may want to participate in a portion of the plan. 21. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #3 (3048) through (3410) CITY MANAGER SOLLENBERGER : A. stated that 52 new parking spaces have been designated on Cocoanut Avenue. B. distributed a report on the Three Crowns property; and stated that ownership changed last week; that the City had a demolition lien of $301,774.79, with a 10 percent per annum interest rate for June 1997 through February 1998; that $20,256.60 was received for interest for the period June 1997 through January 1998; that $363,287.27 was received paying the lien plus interest from June 14, 1995, through May 31, 1997, of $59,280.12 and the February 1998 interest of $2,232.36. Commissioner Cardamone stated that the news is excellent. City Manager Sollenberger stated that the owner's representative was very cooperative and responsible. Commissioner Patterson stated that a letter of appreciation should be sent. C. stated that the Vice Mayor performed extremely well for the Commission in pitching the opening ball at Spring Training. D. stated that the continuation of the Goals and Objectives Workshop is tentatively scheduled from 9:00 a.m. to 12:00 noon on Saturday, March 28, 1998. Commissioner Patterson stated that she may be out of town; that her availability will be known on March 21, 1998. City Manager Sollenberger stated that the schedule will be confirmed at that time. CITY AUDITOR AND CLERK ROBINSON: A. stated that the Statutory Meeting for selection of the Mayor and Vice Mayor is scheduled by City Charter at 12:00 noon on Friday, April 17, 1998; however, one Commissioner will be out of town; that the Statutory Meeting could be opened, adjourned for lack of quorum and reconvened at 12:00 noon on Monday, April 20, 1998. Vice Mayor Dupree stated that there is a. consensus of the Commission to reconvene the Statutory Meeting at 12:00 noon on Monday, April 20, 1998. B. stated that in addition, a workshop is scheduled for 4:00 p.m. and the regular Commission meeting is scheduled for 6:00 p.m. on April 20, 1998. 22. ADJOURN (AGENDA ITEM XII) #4 (3410) There being no further business, Vice Mayor Dupree adjourned the regular meeting of March 2, 1998, at 10:27 p.m. So hu JEROME DUPREH, VICE MAYOR ATTESTSOT4 - 6 : A 24 8e BILLY RZ ROBINSON, CITY AUDITOR AND CLERK 902 BOOK 43 Page 16292 03/02/98 6:00 P.M. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC LASTN NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Patterson Nora Sarasota City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON 707 Freeling Dr., Sarasota, FL 34242 WHICHIS SERVE ISA Al UNIT OF: B CITY a COUNTY D OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sarasota Sarasota City of Sarasota DATE ONV WHICHVOTE OCCURRED MY POSITION IS: March 2, 1998 B ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use iti in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112-3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. A copy of the form should be provided immediately to the other members of the agency. The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM 8B 10-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature. of your conflict in the measure before participating. Yous should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST Nora Patterson hereby disclose that on March 2 1998: (a) A measure came or will come before my agency which (check one) XXX inured to my special private gain, or inured to the special gain of by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Agenda Item IIIA-7, Approval Re: Encroachment Permit for 22 North Lemon Avenue My husband's law firm represents the owner of the property. March 3, 1998 Mora Ditenan Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 8112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B 10-86 PAGE 2