BOOK 43 Page 16011 01/08/98 7:00 P.M. MINUTES OF THE SPECIAI SARASOTA CITY COMMISSION MEETING OF JANUARY 8, 1998 AT 7:00 P.M. PRESENT : Mayor Gene Pillot, Vice Mayor Jerome Dupree, City Commissioners Mollie Cardamone, David Merrill, and Nora Patterson (arrive 7:05), City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(b) of the Charter of the City of Sarasota at 7:01 p.m. City Eudiicor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. SECOND FUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4019, ZENDTNG ARTICLE I, SECTION 1-2, DEFINITIONS AND RULES OF CONSIRUC TION TO PROVIDE DEFINITIONS RELATING TO NOISE REGULATONS AMENDING ARTICLE VIII, DIVISION 9, COMMERCIAL, POMIS):, TO ADD SECTION 8-90.1 REGULATING NOISE IN THE CT AMING DISTRICT; PROHIBITING AMPLIFIED SOUND NOT IN A COMPLETELY ENCLOSED STRUCTURE DURING CERTAIN HOURS; ASTABLISHING A MAXIMUM PERMISSIBLE SOUND LEVEL: PROVIDING FOR EXCEPTIONS BY PERMIT; PROVIDING EXEMPTIONS AMENDING ARTICLE VIII, DIVISION 12, COMMERCIAL CENTRAL BUSINESS DISTRICT, TO ADD SECTION 8-126.3 REGULATING NOISE IN THE C-CBD ZONE DISTRICT; PROHIBITING AMPLIFIED SOUND WHICH IS NOT IN A COMPLETELY ENCLOSED STRUCTURE ON ANY PROPERTY LOCATED LESS THAN TWO HUNDRED FIFTY (250) FEET FROM ANY USE WHICH IS PRIMARILY RESIDENTIAL PROVIDING FOR THE ISSUANCE OF A PERMIT: PROHIBITING AMPLIFIED SOUND NOT IN A COMPLETELY ENCLOSED STRUCTURE DURING CERTAIN HOURS; ESTABLISHING A MAXIMUM PERMISSIBLE SOUND LEVEL; PROVIDING EXCEPTIONS BY PERMIT; PROVIDING EXEMPTIONS AMENDING ARTICLE VIII, DIVISION 27, COMMERCIAL BUSINESS-NENTOHN. TO ADD SECTION 8-332.1 REGULATING NOISE IN THE CBN ZONE DISTRICT PROHIBITING AMPLIFIED SOUND NOT IN A COMPLETELY ENCLOSED STRUCTURE DURING CERTAIN HOURS: ESTABLISHING A MAXIMUM PERMISSIBLE SOUND LEVEL; PROVIDING EXCEPTIONS BY PERMIT; PROVIDING EXEMPTIONS REPEALING ARTICLE X, SECTION 10-3, ZONING CODE, PERTAINING TO NOISE; REPEALING NO. 97-3993 WHICH AMENDED ARTICLE VIII, SECTIONS 8-123 AND 8-125, ZONING CODE, PERTAINING TO NOISE IN THE C-CBD ZONE DISTRICT; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF; ETC. (TITLE ONLY) - ADOPTED ON SECOND READING WITH MODIFICATION TO DIRECT THE CITY MANAGER TO: 1) INITIATE A STUDY BY THE BLUE RIBBON COMMITTEE ON NOISE TO DETERMINE IF SPECIFIC CRITERIA COULD BE CREATED BY WHICH BACKGROUND MUSIC AS AN ACCESSORY USE TO OUTDOOR DINING WOULD BE PERMITTED, 2) UTILIZE AVAILABLE PROFESSIONAL CONSULTANTS, NEIGHBORHOOD REPRESENTATIVES, FOOD SERVICE REPRESENTATIVES AND ASSOCIATIONS, AND CITY STAFF, AND 3) PRESENT THE STUDY WITH SPECIFIC RECOMMENDATIONSI DIRECT THE CITY ATTORNEY TO PROVIDE A SIMPLIFIED VERSION OF ANY COMPLICATED ORDINANCE AFFECTING LARGE SEGMENTS OF THE POPULATION (AGENDA ITEM I) #1 (0029) through (3417) Mark Singer, City Attorney's Office, came before the Commission and stated that this is the second public hearing on proposed Ordinance No. 97-4019, relating to noise regulations; that the proposed ordinance was passed at first reading at the December 8, 1997, regular Commission meeting subject to certain changes; that the current version of proposed Ordinance 97-4019, dated December 29, 1997, includes the following modifications: 1. Deletion of all reterences to octave band sound pressure levels; 2, Increase of the maximum permissible sound level generated from a continuous sound source from 70 decibels measured on thé A-wéighted scale (dBA) to 75 dBA; and 3. Exemption of sounds produced by cellular telephones and the intentional sounding of any fire or burglar alarm in the event of a perceived threat to person or property. Attorney Singer stated that minor typographical errors and technical changes including the insertion of a definition for continuous sound have been effected. Commissioner Patterson arrived in the Commission Chambers at 7:05 p.m. Commissioner Merrill asked if any unintended consequences resulting from the proposed ordinance can be foreseen? Attorney Singer stated that no intention exists to regulate sounds made on an occasional or exceptional basis such as the ringing of church bells; however, church bells could be included in the proposed ordinance as an exemption. Commissioner Merrill stated that the intentional sounding of fire or burglar alarms has been exempted from the proposed ordinance; BOOK 43 Page 16012 01/08/98 7:00 P.M. BOOK 43 Page 16013 01/08/98 7:00 P.M. and requested clarification regarding the unintentional sounding of an alarm system? Attorney Singer stated that unintentional sounding of alarm systems is regulated under the City's false alarm ordinance; that the intention of proposed Ordinance No. 97-4019 is to address intentional conduct; that an alarm activated outside the control of the property owner would be enforced under the false alarm ordinance rather than the proposed noise ordinance. Commissioner Merrill stated that sounds made by someone screaming for help could exceed 75 dBA; that sounds made by people screaming for help have been exempted in a noise ordinance developed by another community. Commissioner Patterson stated that the noise ordinance is intended to regulate continuous noise rather than, for example, the sound of backfiring vehicles; and requested clarification regarding for example, sounds made by chain saws. Attorney Singer stated that Chapter 20 of the Sarasota City Code addresses power tools; that regulations indicating the times and days power tools cannot be used automatically indicate that the use of power tools at other times is permitted. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time 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. Mayor Pillot opened the public hearing. The following people came before the Commission: Sid Johnston, 335 North Washington Drive (34236), stated that he has lived on St. Armands Key for eight years; that a compromise should be found, particularly regarding low-frequency, beat-thumping sounds caused by bass tones; that the use of octave band sound pressure levels to measure bass tones should not have been abandoned; that a solution of the problems caused by bass tones may lead to revisions which could make the proposed ordinance more palatable to both commercial and residential interests. Mayor Pillot stated that regulation of the low-frequency, beat-thumping sounds has not been abandoned; that a January 8, 1998, memorandum from Police Chief John Lewis to the Commission through the City Manager reads as follows: As requested by the Sarasota City Commission, the Administration is in the process of establishing a Blue Ribbon Committee to study octave band sound pressure levels and appropriate methods to control low-frequency, beat-thumping sounds. Letters have been sent to various business and residents' associations from the City Manager requesting the names of representatives to be appointed to this Blue Ribbon Committee and assigning me, (the Chief the Police) as the coordinator of the Committee. The associations groups are as follows: Asaciation/imdiyvicual Number of Representatives Bayfront Condominium Association 2 Casey Gonzmart/Columbia Restaurant 1 Florida Restaurant Association 1 Sarasota Chamber of Commerce 1 Downtown Association of Sarasota 1 Newtown Business Representative 1 Newtown Resident Representative 1 St. Armands Residents Association 2 Once the representatives have been appointed, meeting dates and locations will be established and the Committee will proceed with their review in order to provide the City Commission with their recommendations. I will keep the City Manager and the City Commission informed of the Committee's progress through written and oral reports. Commissioner Patterson stated that the City is understood to be seeking a new consultant familiar with octave band sound pressure levels to work with the Blue Ribbon Committee on Noise. City Manager Sollenberger stated that the Request for Proposals (RFP) for a sound expert will be reviewed by the Administration with the Blue Ribbon Committee on Noise which will help develop the scope of services; that the RFP will be circulated to consultants and the Committee will be requested to assist in reviewing the responses and selecting the consultant recommended to the Commission or the City Attorney's Office. Commissioner Patterson asked if representatives of both residential and commercial factions in Newtown will be represented on the Blue Ribbon Committee on Noise? Mayor Pillot stated yes. City Manager Sollenberger stated that the Blue Ribbon Committee on Noise will be balanced by five residents and five business people; that Police Chief Lewis will act as facilitator/coordinator. BOOK 43 Page 16014 01/08/98 7:00 P.M. BOOK 43 Page 16015 01/08/98 7:00 P.M. Hildegard Eckman, 551 South Washington Drive (34236), stated that according to the New World Dictionary of American English, noise is the general word for any loud, unmusical or disagreeable sound; that sound is vibration in air or water stimulating the auditory nerves; that decibels are a numerical expression of a relative loudness of sounds; that constant sounds such as an early morning bird do not create high decibel readings; however, a bird chirping all day would soon become irksome. Ms. Eckman continued that people at a bar or nightclub love interacting with crowds and are unconcerned with noise; that a restriction on hours of operation after which doors and windows must be closed should be accepted; that residents and businesses in close proximity should cooperate; that the closeness of her home with the commercial area of St. Armands Circle has become a source of aggravation; that the sounds do not have to begin at 11 p.m. to be a problem; that noises occur on St. Armands Key from daytime to midnight when residents wish to rest or enjoy homes or back yards. Ms. Eckman further stated that noise below the permitted decibel levels can be annoying and irritating; that the snare drum or horn in the steel drum band at Tommy Bahamas's Tropical Cafe makes a disruptive, monotonous beat; that the sounds of laughing, talking, clapping, and rattling dishes seem constant and pervasive; that fixed panels could diminish the noise, create a visual barrier on the residential side, and allow seating on the balcony fronting John Ringling Boulevard; that although the problem has not been caused by the manager or employees, the design of the building was created with no consideration of impact. Richard Clark, 422 South Washington Drive (34236), stated that although he lives in proximity of Tommy Bahamas's Tropical Cafe, the noise is no more irritating than from the Columbia Restaurant or Cha Cha Coconuts; that low-frequency, beat-thumping sounds are especially evident when the breeze is in the right direction; that at the January 6, 1998, special Commission meeting addressing open-air dining and sidewalk cafes, a public speaker indicated that St. Armands Key residents all sleep late and do not work; that many residents go to work every morning and require a good night's sleep; that properties will devalue and tax base become lower if the quality of life on St. Armands Key deteriorates. Philip Dasher, 926 Boulevard of the Arts (34236), President of the Marina Suites Association and Vice President of the Bayfront Condominium Association, distributed a minutes excerpt of the August 4, 1997, regular Commission meeting, Agenda Item VII-2 relating to Noise Ordinance No. 97-3994 and stated that proposed Ordinance No. 97-4019 is the fourth ordinance drafted to resolve noise problems in the City; that Quay Basin noise problems have been ongoing for eight years; that the Bayfront Condominium Association has experienced noise problems for two years and St. Armands Key for probably over one year. Mr. Dasher continued that the minutes of the August 4, 1997, regular Commission meeting indicate that he requested establishment of a separate enforcement zone for the Quay Basin; that a unanimous vote of all five Commissioners referred to the Administration for a report back regarding several issues including recommendations regarding a noise sensitive area for Sarasota Quay; that competent, expert opinion was provided by Ian Caddie, the sound expert hired by the City as a consultant, indicating the overall decibel level of 70 dBA was selected due to problems at the Quay; that at the December 8, 1998, special Commission meeting, the decibel level included in proposed Ordinance No. 97-4019 was increased to 75 dBA and will be enforced at 77 dBA; that 75 dBA is not tolerable and will not resolve Quay Basin noise problems; that the sound level in the Quay Basin and Downtown has been increased to 75 dBA absent any substantial evidence to prove that noise will be sufficiently controlled. Mr. Dasher further stated that the octave band sound pressure levels included in the original version of the proposed ordinance to resolve problems associated with low-frequency, beat-thumping sounds, have been eliminated in the version before the Commission this evening; that at the first reading of the proposed ordinance, the City Attorney's Office indicated that no one in Downtown complained about problems caused by bass tone; that residents of the Quay Basin have raised the issue of problems associated with bass tones for years; that Mayor Pillot visited his home and heard the low-frequency, beat-thumping sounds; however, the problem has not been addressed in the proposed ordinance. Mr. Dasher stated further that residents of the Quay Basin have requested a correction in the measurement of the Quay Basin waterway; that the legally recognized property line from the Quay is 85 feet from the seawall and located in the middle of the waterway; that language in the ordinance indicates the measurements shall be made in a straight line from the mean high water line or seawall on the property creating the sound to the mean high-water line or seawall at the receiving zone; that the measurement should be taken closer to the Quay and reduced from, for example, 75 dBA to 72 dBA at the Quay and 68 dBA at the condominiums; that several months ago, a minutes excerpt regarding outdoor dining was provided to the Commission. Mr. Dasher continued that comments made by Staff at the January 6, 1998, special Commission meeting regarding the frequency of his visits before the Commission are not appreciated; that Staff was directed by a unanimous Commission vote to take specific actions which never occurred; that the issue hinges on accountability and competency; that at the August 4, 1997, regular Commission meeting, the Commission directed the Administration to BOOK 43 Page 16016 01/08/98 7:00 P.M. BOOK 43 Page 16017 01/08/98 7:00 P.M. return with recommendations regarding the establishment of a noise sensitive area for Sarasota Quay; that nothing has been returned. Mr. Dasher further stated that he would not be coming before the Commission this often if noise problems in the Quay area were solved; however, the existing noise problems are intolerable; that unbelievably abusive behavior has occurred since existing Ordinance Nos. 97-3993 and 97-3994 were struck down by the court; that noise problems continue until 2 or 3 a.m.; that unfortunately, public speakers have no way to rebut statements made about them after they speak; that the recommendation was made by a public speaker at the January 6, 1998, special Commission meeting to limit the sound level at 60 dBA measured at the doorway of the establishment; that the City Attorney responded that such a regulation would be challenged due to the lack of basis for the reading; however, Mr. Caddie's expert testimony does provide a basis to restrict the sound level to 70 dBA measured at the doorway of an establishment; that proposed Ordinance Nos. 97-3993 and 97-3994 balanced the interests of residents and businesses and actually succeeded in quieting things down; that the number of complaints have substantially increased since the two existing ordinances were struck down by the courts. Mayor Pillot stated that he accepted an invitation from Mr. Dasher to experience the sound level in his living room with all doors and windows closed; that although none of the melody played by the band at the Quay could be heard, the low-frequency, beat-thumping sounds were extremely annoying. Mr. Dasher stated that Mr. Caddie visited his home when the low-frequency, beat-thumping sounds were evident and advised that bass tones are amplified by closed windows. Mayor Pillot stated that the first draft of proposed Ordinance No. 97-4019 included regulation of low-frequency, beat-thumping sounds with measurement of octave band sound pressure levels; however, the available information was insufficient and the octave band sound pressure levels were deleted and a Blue Ribbon Committee on Noise assembled to address the problem. Mr. Dasher stated that the same action would have been taken if he were in the position of the Commission presented with a regulation for which no background information was available or field tests performed. Gayle Guynup, 3160 Lake Ridge Drive (34239), stated that previous public hearings regarding noise and outdoor dining presented the impression that the noise regulations are a fait accompli and the Commission decision pre-determined; that the entire process has left her extremely sad; that she has lived in Atlanta, Georgia, and New York City, New York, but was born, grew up, attended school and college, and, for most of her adult life, worked in Sarasota which she loves; that many City residents feel utterly powerless and believe the wishes of the majority have been discarded in favor of the wishes of an extremely vocal minority. Ms. Guynup continued that thousands of signatures on petitions and polls indicating 75 percent of the people are opposed to the proposed ordinances have been ignored by the Commission which has indicated the unreliability of polls and petitions; that as a marketing professional, she understands that numbers can be manipulated and are not always reliable; however, the majority of citizens are opposed to the adoption of the proposed ordinance; that a disturbing insensitivity to the business community is evident; that desperate pleas from the Chamber of Commerce, the Committee of 100, the Sarasota Convention and Visitors Bureau, the Downtown Association of Sarasota, and some of Sarasota's most distinguished business leaders have been disregarded by the Commission; that the proposed regulations will have a seriously negative impact on tourism, the local economy, and employment; that people who will lose their jobs as a result of the proposed ordinance have requested relief from the Commission to no avail; that the situation has been baffling. Ms. Guynup further stated that an answer always exists somewhere in the middle of the road; that although residents have a valid complaint, the offending businesses can be counted on one hand; that the Commission is punishing an entire industry and the population of an entire City rather than developing a way to address cases on an individual basis; that restaurateurs who have spent hundreds of thousands of dollars on noise abatement measures are being slowly put out of business; that some will not withstand the consequences of the proposed policies. Ms. Guynup stated further that existing laws should be amended to provide the Police Department the power necessary to address the few, specific offenders; that unenforceable, restrictive ordinances harming an entire industry should not be passed; that the ordinances should be made as unrestrictive as possible to enable people to continue to do business and enjoy the amenities offered in Sarasota; that problems should be settled between neighbors with common sense rather than politics and litigation. Ms. Guynup continued she has lived in Sarasota a long time and the new, young vitality in recent years has been a pleasure to see; however, after spending thousands of dollars to attract tourists and younger residents, the City is now asking them to behave as though they were 80 years old; that promotional literature invites young people and tourists to visit the City only to discover they must be in bed by 10 p.m.i that the Commission cannot have things both ways. BOOK 43 Page 16018 01/08/98 7:00 P.M. BOOK 43 Page 16019 01/08/98 7:00 P.M. Gary Drouin, 958 32nd Street (34234), President of Save Downtown Outdoor Music, stated that his comments pertain exclusively to the Downtown Commercial, Central Business District (C-CBD) Zone District; that he did not conduct any field tests on St. Armands Key, at the Quay, or in Newtown and is not knowledgeable regarding noise problems in those areas; that the Commission is requested to delete from the proposed ordinance any regulations based on octave band sound pressure levels in the C-CBD Zone District; that booming bass tones and rhythmic pulsing is not a problem with Downtown condominium residents whose complaints have focused on mid-range sound levels easily addressed by measuring decibel levels on the A-weighted scale. Mr. Drouin continued that the distance from the establishment at which the sound is measured is a concern; that the Main Street Depot property line is approximately 10 or 15 feet from the source of the sound; that a sound level of 105 dBA at the source is reduced to approximately 85 to 87 dBA 10 or 15 feet away; that the Lemon Coast Grill property line is close to 75 feet away from the source of the sound; that 105 dBA at the source would decrease to approximately 70 to 72 dBA if decibel readings are taken 75 feet away from the stage; that two widely different readings are measured for a similar volume of sound; that the current method of measurement is neither fair nor scientific; that measurements should be taken at an equal distance from each establishment or even better, at the receiving zone or source of the complaint. Mr. Drouin further stated that the City may be discriminating against rock and roll and pop music; that for example, the onstage sound level of a three-piece band, measured at approximately 110 dBA in any club throughout the country, will be reduced to approximately 75 dBA by removing the live drummer; that removal of the live drummer, a crucial element required in any rock and roll or pop music band would result in a duo suitable for deck, lounge, background music or muzak; that restricting the decibel level and taking the decibel readings at close proximity to the band will effectively regulate the type of music allowed in Downtown; that the sound level on the street is irrelevant as no one on the street is complaining; that some middle ground must be reached. Mr. Drouin further stated that discrimination against specific types of musical tastes has already been manifested at the Main Street Depot at which only duos without a live drummer are currently allowed to play; that taking decibel readings 10 or 15 feet away from the source of the sound eliminates the ability to enjoy a band with drums, guitars, and bass; that the sound of a band playing at 110 dBA onstage will decrease to the middle 50s dBA after traversing 100 feet to the balcony of the nearest condominiums and will decrease to the middle 30s dBA if the condominium's windows are closed; that 35 dBA does not disturb sleeping at all; that the sounds heard on the balcony would not be considered loud. Mr. Drouin continued that Mr. Caddie reported the sound level was measured in the 50s dBA on the roof of Dolphin Towers; however, he could not determine which outdoor establishment was the source of the sound; that the issue has become irrelevant as the adoption of restricted hours of operation stop all outdoor amplified music at 10 p.m. on Sundays and weekdays and 11:59 on Fridays and Saturdays and holiday eves; that the City has only the complaints from residents of Dolphin Towers on which to cite a basis for the restrictions; that in a period of 15 months, 16 of 25 complaints were filed by Charles Stender, President of the Dolphin Tower Condominium Association; that no issue of health, safety, or welfare exists; that no data exists regarding the impact of the music on residents inside condominiums with closed windows; that the question exists as to why that impact has not been specifically determined; that the only relevant data required by the City is whether the music is impacting the inside of the condominiums whose residents are the only ones complaining; that those sound levels have not been determined. Michael Klauber, 1212 East Avenue South (34239) Owner, Michaels Restaurant, stated that he purchased a noise meter to measure sound levels at one of his businesses located at the Quay; that on Wednesday, January 7, 1998, measurements were taken at the center of the outdoor terrace at the Down Under Jazz Club approximately 15 feet from the entrance doors in the middle of a grouping of 12 to 15 tables; that the first reading was measured at 66 to 67 dBA at 7:30 p.m. with background muzak playing and all the tables except two filled; that a second reading of 68 to 69 dBA was taken at 9:30 p.m. with background muzak, live entertainment being performed in the Down Under Jazz Club, and all outdoor tables filled; that the third reading today at 1:30 p.m., with all the tables empty and the business closed, measured the ambient sound level at 63 to 64 dBA with no background noises, i.e., motor boats or lawnmowers. Mr. Klauber continued that a gentleman representing the Marina Suites Association indicated that problems at the Quay have been ongoing for eight years; that he has owned a business at the Quay for only eighteen months and has expended hundreds of thousands of dollars to create a good-neighbor business for everyone who lives across the Quay Basin at Marina Suites and 888 and 988 Boulevard of the Arts; that when relating the purported problems of condominium residents, the representative of Marina Suites appears to be addressing his own personal problems. Mr. Klauber continued that residents of the condominiums across the Quay Basin have complimented him on the changes made to reduce the sound level; that the representative of Marina Suites does not reference specific violations and has taken no independent decibel readings to measure the sound level at the condominiums; that the BOOK 43 Page 16020 01/08/98 7:00 P.M. BOOK 43 Page 16021 01/08/98 7:00 P.M. complaints are based on generalities; that good sense is not exercised by passing judgments and laws based on generalities which negatively impact businesses. Mr. Klauber further stated that some of the original recommendations suggested the decibel restriction be set at 85 dBA; however, 75 dBA is a livable measurement even though the Florida Restaurant Association (FRA) and establishments currently playing music must find ways to meet the 75 dBA; that all business owners are exploring ways to eliminate the low-frequency, beat - thumping sounds; that everyone wants to be good neighbors; however, noise problems are isolated; that business owners would not take advantage of residents whose patronage is desired. Mr. Klauber stated further that the representative of the Marina Suites offers no facts but continues to repeat the same complaints; that the City will hopefully be realistic regarding legitimate problems and trust an industry which contributes a great deal to the community; that restaurants and food and beverage businesses should be allowed to bring themselves under compliance without overly restrictive laws. Commissioner Patterson stated that she originally supported the sound level being restricted to 70 dBA, due to an informal field test conducted by Ernest Ritz, the owner of the Main Street Depot; that readings taken with Mr. Ritz's sound meter appeared to indicate that 70 dBA was an appropriate and acceptable sound level; however, Mr. Ritz soon discovered that his sound meter was calibrated to register 10 decibels lower than those used by the Police Department; that the sound meter used by Mr. Ritz was not of the same quality and complexity as those used by police officers. Mr. Klauber stated that his sound meter is extremely expensive. Commissioner Patterson stated that the accuracy of decibel readings measured by any meter which is different from those used by the Police Department should be confirmed; and asked if Mr. Klauber would be willing to take decibel readings at the Down Under Jazz Club in concert with a properly trained police officer to determine if the decibel readings of the two decibel meters correlate? Mr. Klauber stated that he would be happy to work in conjunction with a police officer; that his sound meter is similar to the ones used by the Police Department; that 75 dBA is a workable restriction; that the sound level will be greatly reduced by the time the sound reaches the condominiums; that people make conscious choices to live where they want to live. Commissioner Patterson stated that Mr. Dasher has indicated sound levels from the Quay should be measured based on the fact that the property line of the Quay is located 85 feet from the seawall in the middle of the Basin; that the concern is not invalid; however, allowing the Police Department to take measurements on the terrace at the Down Under Jazz Club would eliminate any questions regarding the sound levels generated by that establishment. Mr. Klauber stated that he would be thrilled to have the Police Department take decibel readings at his establishment. Mayor Pillot stated that the Police Department would be happy to synchronize Mr. Klauber's sound meter with those used by the City. Casey Gonzmart, 2804 West Morrison, Tampa (33529), Owner of the Columbia Restaurant and Cha Cha Coconuts, was sworn in by Deputy City Auditor and Clerk Karen McGowan and stated that the owners and management of the Columbia Restaurant and Cha Cha Coconuts support the 75 dBA included in proposed Ordinance No. 97-4019; that sound levels have been measured with privately owned decibel meters and 75 dBA determined as an appropriate limitation; that trained professionals measuring sound levels with a synchronized instrument can provide the Commission, the Police Department, and business owners satisfaction that sound levels are being measured correctly and fairly. Mr. Gonzmart continued that the issue of background music has not been addressed in proposed Ordinance No. 97-4019; that the intent of the Commission is not believed to prohibit background music, also known as muzak or elevator music, which is part of the enhancement of the dining experience in any restaurant throughout the country; that the proposed ordinance appears to indicate that a restaurant operating with open windows or doors and playing background music would be in violation of the regulations; that restaurateurs would like the opportunity to continue providing the enhancement to customers. Mr. Gonzmart further stated that he appreciates being appointed to the Blue Ribbon Committee on Noise; that the owners of the Columbia Restaurant and Cha Cha Coconuts have hired professional sound experts; that everyone working together should be able to come together to reach a sensible, logical conclusion to address the concerns of the majority, satisfy the needs of the City, and create a harmonious linking of the business and residential communities. Commissioner Merrill stated that Mr. Caddie has indicated the sound level cannot be limited to 75 dBA at the property line of the closest residential property if live music is played at establishments at St. Armands Circle with windows and doors open; and asked if any independent analysis has been conducted? BOOK 43 Page 16022 01/08/98 7:00 P.M. BOOK 43 Page 16023 01/08/98 7:00 P.M. Mr. Gonzmart stated that the owners of the Columbia Restaurant and Cha Cha Coconuts have measured sound levels in an open-air environment independently and in conjunction with the Police Department; that compliance to the 75 dBA restriction cannot be met if a full band is performing with doors open; however, compliance can be met with doors closed; that continued operation of an establishment would be extremely difficult if sound levels are restricted to below 75 dBA. Commissioner Merrill stated that at the January 6, 1998, special Commission meeting, Mr. Gonzmart indicated he would be happy to eliminate the band at the Columbia Restaurant in order to provide the open-air dining amenity to customers past 10 p.m. as the hours of operation restricting outdoor amplified music require all doors and windows closed at 10 p.m. during the week or the music eliminated altogether; that he visited one of the establishments on St. Armands Circle last evening from 10:45 to 11 p.m. and the ambiance was delightful; that the doors were open and muzak was playing in the background; and asked if the Columbia Restaurant and Cha Cha Coconuts will be closing their doors at 10 p.m.? Mr. Gonzmart stated that an answer is unavailable at this time as extremely difficult decision must be made by his family and management; that compliance with the law must be met; that closing the doors will deprive customers of the enjoyment of the outdoor, tropical environment, the reason tourists come to Sarasota in the first place; that customers really enjoy sitting outdoors under the palm trees and having a good time; that no disturbance is caused to the majority of residents; that open-air dining is a major attraction for visitors to the City. Commissioner Merrill stated that during the week, customers must vacate outdoor tables at 11 p.m. and on weekends, at midnight; and asked if closing the doors at 11 p.m. and instructing patrons that they cannot remain seated outside on the public right-of-way, even though music is still playing inside the establishment would be an onerous burden? Mr. Gonzmart stated that closing the doors is a major problem; that having to evict his guests from outdoor tables at 11 p.m. will be an interesting experience for which media coverage is expected; that 11 p.m. is not a late hour. Commissioner Merrill stated that Mr. Gonzmart had previously indicated the hope that the Commission did not intend to shut down outdoor muzak; however, such is exactly the intent of the proposed ordinance. Mr. . Gonzmart stated that he understands the intent of the proposed ordinance; however, the ordinance was not written by the Commission; that the prohibition against background music was written and handed to the Commission by others; that many regulations in the proposed ordinance have been modified; that the Commission has the opportunity to allow peaceful background music to drift out to patrons enjoying the ambiance of a sidewalk cafe; that his recommendation is to modify the proposed ordinance to allow restaurants to play muzak during normal hours of operation. Commissioner Patterson stated that she received a telephone call from an attorney representing the Gonzmart family requesting support for modifying the proposed ordinance to allow background music; that discrimination cannot be made between elevator music and rock and roll music, both of which can be played on a stereo; that one may be played softly while the other is played loudly; that the Columbia Restaurant is not the only establishment being regulated under the proposed ordinance; and asked how the Columbia Restaurant could be allowed to play muzak with open doors and windows while others are prevented from playing rock and roll music at the highest volume? Mr. Gonzmart stated that language could be added to the proposed ordinance to regulate sound levels above 75 dBA regardless of whether the music is background muzak or rock and roll; that all professional operations feature background music to enhance the dining experience; that his managers will be instructed that the elevator music must be stopped before 10 p.m. if the proposed ordinance is passed into law without modification; that the Commission's intent to turn off elevator music was not known; that he did not feel that was what the Commission wanted as the regulation does not seem reasonable. Commissioner Patterson stated that distinguishing between one kind of music and another in an ordinance is difficult; that elevator music cannot be listed as a criteria; that elevator music is usually played at the same sound level as the piano music at Charlie's Crab which was measured at 62 dBA at the sidewalk; that the hours of operation requiring doors and windows closed at 10 p.m. have been established to alleviate concerns by neighborhood residents who would still be disturbed by a sound level of 75 dBA with doors open. Mr. Gonzmart stated that he is asking to be judged by his own performance; that all the people in the audience would be before the Commission if disturbing the neighbors were his intent; that dissembling to his neighbors would result in embarrassment to his family; that he should be judged by his past cooperative efforts; that the ordinance includes criteria which hinders the normal business practices of restaurateurs; that the ability to play soft background music is a reasonable expectation; that elevator music will be eliminated from his establishment if so determined by the Commission; however, the regulation is not viewed as appropriate. Commissioner Cardamone stated that the Commission is requested to move forward; that many speakers are waiting to address the issue; BOOK 43 Page 16024 01/08/98 7:00 P.M. BOOK 43 Page 16025 01/08/98 7:00 P.M. that allowing Mr. Gonzmart more than the five minutes accorded other public speakers is disturbing; that critical comments from the citizenry have been received regarding Commission questioning at previous meetings which kept some speakers at the table for a long time; that the request is not made from disrespect for Mr. Gonzmart; however, the public hearing should proceed. Mayor Pillot stated that Commission questioning should be prudently conducted to avoid lengthy sessions with public speakers. John Monetti, 411 St. Armands Circle, General Manager, Columbia Restaurant, stated that the management of the Columbia Restaurant, in a spirit of compromise, will support the proposed sound level of 75 dBA which will allow normal restaurant operations with front doors open and enable their guests, comprised of visitors to and residents of Sarasota, to enjoy the music; that the Columbia Restaurant will be unable to allow the type of bands currently playing on Friday, Saturday, and Sunday evenings to perform with the doors open at any time. Mr. Monetti continued that the blanket prohibition against any outdoor amplified music after 10 p.m. is not supported; that he cannot believe the Commission intended to prohibit the type of background music the Columbia Restaurant typically plays day and night when bands are not playing; that the sound level of muzak is approximately 65 dBA; that the background music is an enhancement to guests and completely innocuous to anyone; that according to the current language in proposed Ordinance No. 97-4019, the background music would have to be turned off at 10 p.m.i that the Commission is requested to revise the proposed ordinance to avoid detracting from everyone's pleasure; that during 18 years of restaurant management, he has never operated one without background music; that he hopes the continuous cooperation and responsiveness of the management of the Columbia Restaurant is recognized by the Commission. Thomas Van Zandt, 605 Gulf Stream Avenue (34236), President. Bayfront Condominium Association, distributed a January 7, 1998, letter indicating the position of the Bayfront Condominium Association and stated that substantive concerns were presented to the Commission at the December 8, 1997, special Commission meeting; that a decibel level restriction of 70 dBA, included in existing Ordinance Nos. 97-3993, was determined after one and a half years of discussions, testing, endless letters, the determinations of two noise experts, and two Commission meetings, with votes of 4 to 1 in support; that 30 days ago, the Commission increased the sound level from 70 dBA to 75 dBA on the basis of statements made by the Deputy Police Chief that no complaints regarding sound levels below 75 dBA had been filed; that he has spoken with the City Manager who has advised that the Blue Ribbon Committee on Noise will research methods of eliminating the low-frequency, beat-thumping sounds. Mr. Van Zandt continued that the City Attorney directed the Police Department to stop issuing citations for violations of the 70 dBA restriction; that although complaints were filed, no citations were issued; that Staff did not try to test the originally recommended C-weighted scale measurements to regulate low- frequency, beat-thumping sounds but instead recommended measurements based on octave band sound pressure levels requiring equipment the City does not have; that the recommendation was untested and poorly conceived with no data relating to potential impact; that the low-frequency, beat-thumping sounds will not be measured under the enforcement parameters of the proposed ordinance and the sound level will be increased to 75 dBA which is too loud at 1,000 feet let alone at 250 feet. Mr. Van Zandt further stated that currently, no Downtown business exists within 1,000 feet of the nearest residential use, therefore, including a 1,000-foot exclusion zone in the proposed ordinance would not affect existing establishments; that the opportunity should be taken to firmly establish a standard for outdoor amplified music for the benefit of residents and businesses. Mr. Van Zandt continued that enforcing the proposed noise ordinance without a complaint was agreed upon at the December 8, 1997, special Commission meeting; that language should be included in the proposed ordinance to ensure a proactive enforcement policy; that the Bayfront Condominium Association represents over 1,400 residential units in the City; that his presentation of the above requests is based on a unanimous vote of condominium residents regarding the noise situation of the City. Georgiana Strauss, 101 South Gulf Stream Avenue (34236) representing Dolphin Tower, stated that complaints regarding noise began in January 1996 after the Lemon Coast Grill opened; that sound levels were taken from her 14th-floor balcony three times in 1996; that twice in 1996, Vice Mayor Dupree, Commissioner Cardamone, Commissioner Patterson, Attorney Singer, and Police Chief Lewis sat in her living room with the doors closed and agreed that 73 dBA was too loud; that shortly thereafter, the City determined the appropriateness of a sound level limitation of 70 dBA; that residents have expressed unhappiness since the ordinances were struck down by the court; that the residents of Dolphin Tower request the sound level be restricted to 70 dBA. Dr. Keith Stockwell, 117 North Washington Drive (34236), stated that as a resident of St. Armands Key and a member of the former St. Armands Task Team on Noise, he is pleased that St. Armands Key is included in proposed Ordinance No. 97-4109; that the hours of operation are supported but the decibel level should be lowered to 70 dBA; that residents on six different streets on St. Armands Key BOOK 43 Page 16026 01/08/98 7:00 P.M. BOOK 43 Page 16027 01/08/98 7:00 P.M. have previously written to the Commission requesting relief; that 28 of the 31 decibel readings were measured at higher than 75 dBA when the decibel study on St. Armands Key was conducted on June 8, 1997; that the highest was 89.6 dBA and the lowest was 72.4 dBA; that although restaurants promised to resolve existing problems, the problems continue; that at the May 19, 1997, regular Commission meeting, a promise was made to close the doors at Cha Coconuts at 10:45 p.m.i that as a member of the St. Armands Task Team on Noise, he attempted to identify the source of low-frequency, beat-thumping sounds after receiving residents' complaints three months after the promise was made; that on more than a dozen different occasions, he got up, got dressed, and went out to determine the source of the noise; that the large doors at Cha Coconuts were kept open as late as 1 a.m.; that the promise to close the doors was not kept. Dr. Stockwell continued that on January 3, 1998, he was invited to dinner at a home on St. Armands Key at which six guests were residents of St. Armands Key and six were not; that after-dinner conversation included discussion regarding noise problems on St. Armands Key; that five of the six residents who lived in different areas of St. Armands Key have been awakened by vibrations from loud music which do not meet the description of elevator music as described earlier; that the St. Armands Task Team on Noise attempted to find a resolution to the problem; however, the members lacked the required technical expertise; that sound abatement experts, unaligned with any residential or commercial interest group, should be included in the Blue Ribbon Committee on Noise to propose independent recommendations; that the Commission is requested to include a provision in the proposed ordinance to allow for measurement of the abhorrent low-frequency, beat-thumping sounds. Dr. Stockwell further stated that at a previous Commission meeting, St. Armands Key was described as a gem; that a gem is enhanced by its setting; that support of the proposed ordinance will preserve the residential setting for St. Armands Keyi that the following is an excerpt from a letter from Kenneth Shelin, who is out-of-town this evening: I'm sure that members of the City Commission get somewhat inured to the continuing objections of residents of the City of Sarasota to noise generated by commercial establishments, but it seems that continual reminders are the only way residents have of keeping attention focused on the concerns we have. Personally, I am offended by merchant efforts to trivialize resident concerns by suggestions that noise is only an issue for a handful of residents and that commercial interests override those of just about any other constituency. This is pure nonsense. Common sense should tell each one of us that the City exists as a place to live and than residential neighborhoods stabilize the City. The quality of neighborhoods gives Sarasota its unique character. Degrading the quality of residential neighborhoods will undermine this City. Objectionable noise at unreasonable hours is certainly one factor that could do this. I hope the Commission will not forget the most irritating aspect of the noise issue which is the bass note thumping which has been deleted from the current attempt to regulate noise. This regulatory issue needs to be pursued and resolved. Controls need to be implemented to stop the mind numbing thumping that often goes on until wee hours of the morning on St. Armands Key. Mayor Pillot stated that Mr. Shelin should be apprised of the Commission's efforts to address the low-frequency, beat-thumping sounds. Ann Jerman, Kane, Pennsylvania (16735), stated that she lived in Sarasota during the 1970s and always thought this to be a beautiful City; that she is an advocate of elders, the people on secure, fixed incomes, who appear to be doing most of the complaining; however, business interests comprise over 80 percent of the nation's economy; that community support of business is necessary;, that a public speaker commented that the decibel level of a specific restaurant during the day is 65 dBA with no music playing; that a jazz concert last week provided a sound level of 100 dBA; that music must be at peak volume to enable the audience to enjoy the full quality of the music; that the Commission is contradicting one of the City's goals to achieve economic vitality through healthy business and quality job opportunities. Ms. Jerman continued that this was always a beautiful City; that the Commission has taken the beaches away from the young people who live here; that bicycles cannot be ridden on many of the streets; that she is disappointed; that the City may be culturally diversified but is lacking in many areas and should be more supportive of the business community; that residents made the choice to move to St. Armands Key and Downtown fully aware that businesses existed in the area for a long time; that businesses do not have a fixed income but depend on tourists; that employees depend on the income; that money from the people employed by the businesses keeps the City going; that the City is maintained by small business; that the Commission should consider that the complaints are generated from elderly people with fixed incomes; that she has always been an advocate of the elderly and as she gets closer to that age, she is wondering why. Michael Drake, 2727 Riverside Drive (34234), stated that he is a young person who enjoys the available local entertainment; that St. Armands Key is a gem due to the businesses about which all the BOOK 43 Page 16028 01/08/98 7:00 P.M. BOOK 43 Page 16029 01/08/98 7:00 P.M. complaints have been generated; that a select, special few are dictating the entertainment levels for the entire community; that they have taken control of the remote and are going to tell everyone what channels to watch, at what volume, and at what time; that people are drawn to the entertainment facilities in Downtown and St. Armands Key; that business at the Main Street Depot has dropped off considerably since they have not been allowed to have a band; that petitions and polls taken repeatedly indicate the majority of City residents want outdoor pop entertainment in the Downtown area; that a select few are dictating to the majority; that the Commission has indicated a desire to listen to the majority; however, the wishes of the majority are not being heard; that the citizens of the City should change the elected officials if they are not listening to the majority; that the noise ordinance should be placed on a referendum for a popular vote. Commissioner Cardamone left the Commission Chambers at 8:18 p.m. Martin Portnoy, 316 Arthur Drive (34236), stated that he wished he were young so that the booming sounds in his bedroom at night would not seem sO intrusive; that Town and Country Magazine has reported noise problems as being widespread throughout the country; that a restaurant on St. Armands Key plays amplified music at the highest possible volume with doors and windows open; that some nights, the music continues until 2:30 or 3 a.m. ; that restaurants agree to close down earlier and make physical changes to reduce the noise; however, no improvement in the sound level can be discerned; that residents were recently awakened at 12:45 a.m. by music being played at the loudest possible level by one establishment with doors open; that commitments made by restaurateurs cannot be depended upon; that at 1 a.m., the owner, and most of the time, even the manager, are not on the premises; that a 22-year-old assistant manager will do whatever they think is the right thing to do such as playing loud music late in the evening; that the proposed ordinance with restricted hours of operation has been correctly written. Commissioner Cardamone returned to the Commission Chambers at 8:20 p.m. Walter Zahn, 241 64th Street, Holmes Beach (34217), stated that he is a graduate engineer of Polytechnic Institute of New York, has a Bachelors of Science in Electrical Engineering, and is a retired former member of the technical staff of Bell Laboratories; that he is representing Gary Baldassari, Director of Engineering, Incorporated Magi, hired as an independent consultant/engineer by the Florida Restaurant Association (FRA) to study, evaluate, and make recommendations concerning the proposed changes to the definitions in the proposed ordinance relating to noise regulations; that Mr. Baldassari, who comes highly recommended, specializes in audio engineering, specifically in the music and broadcasting fields; that he has requested representation in absentia due to previous commitments, in particular, a contract to set up the audio system for the Super Bowl; that Mr. Baldassari has evaluated and previously proposed changes to the noise ordinance, made several visits to St. Armands Circle and the Quay to take sound-level readings at area restaurants, and has made the following recommendations: The standard measurement of 75 dBA is an acceptable recommendation to satisfy both homeowners and restaurant owners. Mr. Zahn stated that Mr. Baldassari would like to take further low- and high-frequency tests to enable the design of inexpensive traps or filters based on the acoustical dynamics of each building and/or room enclosures; that further recommendations can be made to interested parties on both sides of the issue. Mayor Pillot stated that a Blue Ribbon Committee on Noise will be established to study the octave band sound pressure levels and be provided the opportunity to select expert consultants; and asked if information regarding Mr. Baldassari could be referred to the Administration to forward to the Committee? Mr. Zahn stated yes. Beverly Smith, 207 North Adams Lane (34236), stated that she is 66 years of age; that four of her sons with young families visit often and enjoy the entertainment provided on St. Armands Circle; that faint bass sounds from Cha Cha Coconuts were evident when she first moved to St. Armands Key in 1990; that the faint sound became louder each year; that the disturbance could initially be controlled by closing the windows in her home; that in 1997, the bass sounds became louder and the walls at the Columbia Restaurant were removed; that the noise on Sunday is unbearable; that closing the windows does not help; that on December 28, 1997, at 12:30 a.m., the bass vibration was the worst ever experienced; that the Commission is not requested to close down any, establishment; however, a time to shut the doors should be established. Kirk Weisman, 988 Boulevard of the Arts (34236), stated that he has lived at 988 Boulevard of the Arts for approximately six years and supports a noise ordinance; that the 75 dBA is satisfactory; that he wishes to represent himself as an independent person rather than having the residents' associations speak for him; that music can occasionally be heard while sitting outside on the balcony; however, the sounds are to be expected as part of living in the area; that the music has never been objectionable; that the Police Department would have been contacted if a problem existed; that no problems have been experienced during the past six years living across from the Quay; that he represents himself and does not want other people speaking for him. BOOK 43 Page 16030 01/08/98 7:00 P.M. BOOK 43 Page 16031 01/08/98 7:00 P.M. Joseph Terrone, 9030 Midnight Pass Road (34242), Owner of the China Palace, President-Blect: of the Florida Restaurant Association. Chapter 1, stated that the FRA is extremely happy with the change in permitted sound levels from 70 dBA to 75 dBA and with establishment of the Blue Ribbon Committee on Noise on which the FRA will participate; that having recently spent an entire day at St. Armands Key, the beauty of the area is fully appreciated; that a resolution satisfactory to all parties should be reached. Mr. Terrone continued that hopefully, the Commission will be flexible regarding changes recommended by the Blue Ribbon Committee on Noise such as allowing the ability to play soft background music; that the local FRA will participate on the Committee to do whatever necessary to make this a community in which businesses and residents co-exist; that many restaurateurs were requested not to return this evening and reiterate statements made at the December 8, 1998, special meeting; that the Commission is requested to remember what was said at the first public hearing when the decision was made to raise the decibel level to 75 dBA. Alan Summers, 316 Arthur Drive (34236), stated that he has lived on St. Armands Key since 1992 and supports the proposed noise ordinance; that his remarks pertain only to St. Armands Key and not Downtown or other areas; that his home is between 700 and 800 feet from Cha Cha Coconuts and the Columbia Restaurant; that Cha Cha Coconuts had sliding glass doors when he first moved to St. Armands Key and the Columbia Restaurant did not; that no noise problem existed until eighteen months ago when the Columbia Restaurant installed glass sliding doors; that the volume has obviously been raised; that the current musical instruments are constructed in such a manner that amplification is included in the mechanism and the volume could simply be reduced; that scientific measurements of sound levels by taking decibel readings is appropriate and desired; however, common sense should be enough. Mr. Summers continued that bands should not be fired but hired with the understanding that the low-frequency, beat-thumping sounds will be controlled at an appropriate level; that no one wants to close down establishments which cater to young people; that at seventy, he still remembers being young; that he participated in the walking tour conducted by the St. Armands Task Force on Noise; that the testing was not fairly conducted; that no objective persons participated, the tour was conducted too early on a weekday rather than weekend evening, and establishments were informed in advance that sound levels would be measured; that reality is the sound level which prevents residents from going to sleep; that fresh-air dining and fresh-air sleeping are both enjoyed. Mr. Summers further stated that restaurateurs have claimed to be cooperating with noise-abatement measures and intend to be good neighbors; however, on December 28, 1997, he was awakened by the sound levels; that earlier, the sliding glass doors at the establishments were closed; that the music inside must have been extremely loud to project low-frequency, beat-thumping sounds to a home 700 feet away; that the proprietors who have requested no unwarranted controls placed on business operations would not be sO threatened and be spending sO much time, energy, and money to fight against a noise ordinance if the necessity for one did not exist; that the ordinance should include a mechanism to control low-f frequency, beat-thumping. sounds; that the proposed ordinance should be viewed as is flood and fire insurance and not enforced unless necessary. Commissioner Patterson left the Commission Chambers at 7:34 p.m. David Venafro, 2114 Hibiscus Street (34239), was sworn in by Deputy City Auditor and Clerk McGowan and stated that the Lemon Coast Grill has become the scapegoat for the City's noise problems; that in September 1996, before the Commission became involved, the noise issue was addressed during a meeting with Police Chief John Lewis, the Lemon Coast Grill, and Dolphin Tower; that the conclusion was reached by all parties and confirmed in an article written by Robert Ardren in the Pelican Press that 78 dBA at the Lemon Coast Grill was suitable for the Dolphin Tower; that Dolphin Tower residents agreed with the decibel level limitation; that since September 1996, the Lemon Coast Grill has honestly and faithfully kept the sound level at no greater than 78 dBA; that the average sound level is 75 dBA with the music peaking at 78 dBA. Mr. Venafro continued that shortly after the meeting between Lemon Coast Grill, Dolphin Tower, and Police Chief Lewis, the Commission hired Ian Caddie, a sound expert, who took tests at the Lemon Coast Grill and measured the sound level at 78 dBA; that tests were run at Dolphin Tower and the sound level measured at between 55 dBA and 60 dBA with or without the band playing; that the existing noise ordinance has failed if the purpose was to lower the ambient noise level in the City; that the Lemon Coast Grill has not raised the sound level; that the ambient noise level is measured at between 55 and 60 dBA at 7 p.m. on Friday night with no band playing at the Main Street Depot, the Gator Club, or the Lemon Coast Grill and again at 10 p.m. when bands are playing at all three establishments; that the sound level is between 55 and 65 dBA at Dolphin Tower due to the ambient noise existing in the City; that the sound level at the Lemon Coast Grill has not been raised. Mr. Venafro further stated that a sound level of 55 to 65 dBA may be audible but cannot even remotely be considered a danger or problem to the health, safety, or welfare of residents; that in November 1996, Mr. Caddie returned, took more decibel readings, BOOK 43 Page 16032 01/08/98 7:00 P.M. BOOK 43 Page 16033 01/08/98 7:00 P.M. and measured the sound level at the Lemon Coast Grill at 78 dBA; that all the citations received before and after the ordinance was adopted have been for violations measured at 76 dBA, 77 dBA, and 78 dBA. Commissioner Patterson returned to the Commission Chambers at 7:35 p.m. Mr. Venafro stated further that the Lemon Coast Grill has been extremely cooperative; that police reports indicate the Lemon Coast Grill has always lowered the music even when not requested to do so; that up to this date, the Lemon Coast Grill has played music at between 76 dBA to 77 dBA and has not taken advantage of the court's decision to overturn the ordinance; that the Lemon Coast Grill has always played fair; that the establishment is a family business; that he has lived in Sarasota for 26 years and went to all the schools here; that when the ordinance was written, it was written to include all amplified music rather than live amplified music; that background music is extremely important to business operations; that no restaurant has received a complaint regarding ambient, background music; that the Lemon Coast Grill has six small speakers all pointed towards the deck underneath the awning; that the rationale for including in the ordinance background music for which no complaints have ever been received is not understood; that when the band stops playing at midnight, 50 percent of the clientele leaves; that the other 50 percent would be lost if the background music is eliminated; that before a citation can be written, police officers have to turn off the motors of their vehicles at the sidewalk in front of the establishment to determine if any background music is being played; that the prohibition is neither fair nor necessary. Mr. Venafro continued that the expectation that the bands should be allowed to play until 2 a.m. has never existed; that even before the existing ordinance was adopted, the bands always stopped at 12:30 a.m. on Thursdays and 1 a.m. on weekends; that the Commission is requested to review the issue of permitting background music; that the background music at the Lemon Coast Grill and the Main Street Depot is not loud and has never been a problem; that St. Armands Circle is situated 100 to 200 feet from residents; that establishments at the Quay are 150 feet from residents; that every entertainment area in Sarasota such as Southside Village or Siesta Key Village is 100 to 200 feet from residents; that the Lemon Coast Grill is 900 to 1,000 feet from Dolphin Tower; that the sound levels drop approximately 30 to 40 decibels in the distance from the Lemon Coast Grill to Dolphin Tower; that the sound level of background music is reduced to approximately, 45 to 50 decibels at Dolphin Tower; that the sound level caused by the music is lower than the sound level of ambient noises which is why Mr. Caddie could not distinguish between the sounds; that Mr. Caddie could not discern between music coming from various clubs, air conditioners on rooftops, the wind blowing through the trees, or passing vehicles; that the Commission is requested to consider allowing background, amplified music. Nancy Cook, 444 North Washinqton Drive (34236), stated that she is a resident of St. Armands Key; that a balance between the commercial and residential interests should be found; that the assumption that residents dislike the commercial area is not true; that the residents are frequent shoppers and often patronize the restaurants; that the quality of life has changed on St. Armands Key in the last two years; that the desire to have more outdoor dining and the installation of glass sliding doors at the Columbia Restaurant have contributed to the changes; that chaos will reign without the hours of operation included in the proposed ordinance; that conditions in the last year and a half have resulted in unhappy residents and unhappy restaurateurs. Ms. Cook continued that the Commission's direction to the Blue Ribbon Committee on Noise to study the low-frequency, beat-thumping sounds is appreciated; that the equal representation of residents and restaurateurs on the Committee is also appreciated; that the preservation and quality of a neighborhood is at stake; that the restaurants are not being requested to send patrons away but to instruct diners or drinkers to move into the interior at 10 p.m. or 11 p.m. I that the preservation of the health, welfare, and privacy of homeowners is not an unreasonable expectation. Commissioner Merrill stated that allowing background music at sidewalk cafes is an issue; that the City will be prohibiting any amplified sound from any restaurant to drift outside after 10 p.m. on weekdays and midnight on weekends; that all doors and windows must be closed at that time; and asked if a way could be found to address the issue and if background music is a problem? Ms. Cook stated that listening to soft music while sitting outdoors is delightful; however, the music flowing outside on St. Armands Circle is not always elevator music; that often, the low- frequency, beat-thumping; sounds are amplified onto the street; that regulating the decibel levels may be a solution; however, allowing doors to remain open without time restrictions will not work. Commissioner Merrill stated that the proposed ordinance will not solve the problem of low-frequency, beat-thumping sounds; that the outdoor dining ordinance passed the other evening allows outdoor dining until 11 p.m. during the week; that the proposed noise ordinance requires doors closed at 10 p.m.; and asked if the doors could remain open until 11 p.m. to correlate with the hours of operation regulating outdoor dining if a lower decibel reading were established to enable the playing of soft music? BOOK 43 Page 16034 01/08/98 7:00 P.M. BOOK 43 Page 16035 01/08/98 7:00 P.M. Ms. Cook stated that she has no knowledge of decibel levels; that someone from the St. Armands Task Team on Noise who has studied the decibel level would more appropriately be able to answer the question. Commissioner Patterson asked who on the Task Team is knowledgeable regarding measurement of decibel levels? Ms. Cook stated that Dr. Stockwell has been involved in the Task Team for a long time. There was no one else signed up to speak and Mayor Pillot closed the public hearing. Mayor Pillot stated that the Commission has had five public hearings and will hold one more later this month; that recent public hearings regarding equally controversial issues such as the Ringling Causeway Bridge have been held; that he has personally been impressed by and proud to be a part of the public hearing process; that conflicting points of view have been expressed candidly, articulately, instructively, and respectfully; that the Commission is grateful for the helpful input and proud of the spirit with which the public hearings have been conducted. City Auditor and Clerk Robinson read proposed Ordinance No. 97- 4019 by title only. City Manager Sollenberger stated that he was extremely disturbed by accusations made by Mr. Dasher that the Administration and the City Attorney have been non-responsive to Commission requests that the Administration address the possibility of developing a noise-sensitive area for the Quay Basin; that the Administration has responded in an effective manner by including regulations in the proposed ordinance; and requested clarification from the City Attorney. City Attorney Taylor stated that the same subject came up at the beginning of the January 6, 1997, regular Commission meeting addressing outdoor dining; that he presented a report regarding the history of the ordinances, the reasons for and against including specific restrictions, and the applicability of the proposed ordinances to the C-CBD Zone District including the Quay to produce a reasonable level of protection; that the report responded to all direction given previously by the Commission to the Administration and the City Attorney's Office. City Attorney Taylor continued that Attorney Singer has given similar oral reports during meetings held subsequent to the August 4, 1997, regular Commission meeting; that the City Attorney's Office is willing to provide a written report regarding the specific issues raised by Mr. Dasher if sO directed by the Commission. City Manager Sollenberger requested clarification on how noise problems at the Quay Basin have been addressed by Staff. City Attorney Taylor stated that proposed Ordinance No. 97-4019 is an ordinance regulating amplified sound; that the portion of the proposed ordinance in which the C-CBD Zone District including the Quay is addressed allows amplified music by permit unless in a completely enclosed building; that a permit for amplified music cannot be granted to any establishment within 250 feet of a residential use; that Mr. Dasher has repeatedly requested a definition regarding measurements taken across an intervening body of water; that including language regarding the high-water line and sea walls is one of the ways Staff has attempted to customize the proposed ordinance to eliminate problems caused by establishments at the Quay which play amplified music not in a completely enclosed building. City Attorney Taylor continued that outdoor dining at the Quay is a permitted use; that none of the proposed ordinances regarding noise or outdoor dining have addressed permitted uses; that only uses permitted by special exception are regulated by the proposed ordinances; that a new ordinance and new set of standards would have to be developed to address outdoor dining on the basis of new measurement regulations as requested by Mr. Dasher; that no such regulations have been included in the assignment given to Staff and require additional, specific direction from the Commission. City Manager Sollenberger stated that the Administration recommends adopting proposed Ordinance No. 97-4019 on second reading. Commissioner Cardamone requested clarification regarding the increase in the sound level between 70 decibels (dB) and 75 dB. Attorney Singer returned to the Commission table and stated that although he is not a sound expert, a noticeable difference can be discerned between 70 dB and 73 dB; that a difference between 75 dB and 78 dB was noticeable during field tests conducted by Mr. Caddie on the balcony of Dolphin Tower; that studies have shown that a decibel restriction of 70 dB would be violated by ambient sounds without any music playing; that restaurateurs have indicated the acceptability of 75 dB; that Commissioner Patterson has indicated that 70 dB was originally believed to be acceptable at the Main Street Depot; however, the sound meter used at the time was not properly calibrated and the decibel readings were incorrect; that in the past, he has recommended 75 dB as a good compromise. BOOK 43 Page 16036 01/08/98 7:00 P.M. BOOK 43 Page 16037 01/08/98 7:00 P.M. Commissioner Cardamone requested clarification of Mr. Caddie's field tests indicating that a specific increase in decibels will double the intensity of the sound level. Attorney Singer stated that the data is not recalled. Commissioner Cardamone asked the decibel readings measured at the Lemon Coast Grill as heard from the balcony at Dolphin Towers in November 1996? Attorney Singer stated that sound levels were measured at 72 or 73 dBA when no music was playing; that many times, the sound level of ambient noise was measured at approximately 75 dB; that the difference in the maximum versus minimum levels were not as extreme as expected when the field tests were taken by Mr. Caddie; that many of the unacceptable levels were in the 78 dB range whereas many of the acceptable levels were measured at 74 or 75 dBA; that a difference of three or four decibels makes a significant difference in the sound level. Mayor Pillot stated that page 5 of the January 15, 1997, supplemental report submitted to the Commission by Mr. Caddie indicates the following: Since the decibel scale is logarithmic, a decrease in noise by 10 dB will seem to the listener as though the noise has been reduced by fifty percent. Alternatively, a doubling of the noise source only produces an increase of 3 dB. Commissioner Patterson stated that during the field test conducted on the balcony of the Dolphin Tower, the Commissioners were requested to indicate whether the sound levels were satisfactory or not satisfactory without being apprised of the decibel readings; that the specific decibel readings were requested to provide information regarding sound levels created by 70 dB, 71 dB, or 75 dB. Commissioner Patterson continued that the band at the Lemon Coast Grill was unable to reduce the sound level to under 74 dBA; that no difference between 74 dB, 75 dB, or 76 dB was discerned; that all three sound levels would have been unacceptable to a resident trying to sleep at midnight; that the sound level would have been barely audible to someone reading a book or watching television; that the regulation of hours of operation became a critical factor and a determination was made that a definite time should be established when. outdoor amplified music would totally cease. Russell Pillifant, Deputy Chief of Police, came before the Commission and stated that he accompanied Mr. Caddie when the field tests were taken in front of the Lemon Coast Grill; that decibel readings of 74 dBA were taken early in the evening on November 8, 1996, before any music was played at the Lemon Coast Grill or the Main Street Depot; that the sound level with no music playing was measured at 72 dBA on November 9, 1996; that the sound levels ranged from 76 dBA to 78 dBA when the listeners on the balcony of Dolphin Tower were called to determine whether the sound level was acceptable or unacceptable; that the sound level was measured at 73 dBA and 75 dBA at 11:57 p.m., with background music and no band playing; that between 10:20 p.m. and 10:40 p.m. on November 9, 1996, the sound levels were measured at between 72 and 75 dBA with the blinds lowered. Deputy Police Chief Pillifant continued that on St. Armands Key, the sound level was measured at 79.6 dBA at the property line of Cha Cha Coconuts at 9:36 p.m., with the band playing and the door open; that during the walking tour conducted by the St. Armands Task Team on Noise, sound levels reached 89.6 dBA at Cha Cha Coconuts with doors open and the band playing at 9:50 p.m.i that at 9:50 p.m. at the Patio, the sound level never exceed 78.5 dBA; that sound levels in front of the Patio decreased to 63.8 dBA and the sound level at Cha Cha Coconuts decreased to 67.6 dBA when the doors at both establishments were closed. Commissioner Cardamone stated that decibel levels measured on the A-weighted scale do not give a clear reading of the bass tones which must be measured with another piece of equipment. Deputy Chief Pillifant stated that is correct; that the Commission was wise to direct the Blue Ribbon Committee on Noise to research ways to regulate bass tones. Attorney Singer stated that regulations included in the proposed ordinances are not based simply on decibel levels; that outdoor amplified music, regulated by restrictions on hours of operation, must cease at 10 p.m. during weekdays and midnight on weekends; that decibel-level regulations should be considered in conjunction with time restrictions on outdoor amplified music; that a compromise has been reached to allow businesses to operate; that potential problems caused by a maximum permissible 75 dBA reading are eliminated by prohibiting all outdoor amplified music after a certain hour. Commissioner Cardamone asked if a significant difference would result if a glass enclosure were installed as a roof over the Lemon Coast Grill? Deputy Chief Pillifant stated that the sound level at Cha Cha Coconuts was measured at high 70s and low 80s dBA with the doors open and high 60s and low 70s dBA when the doors were closed; that the sound level decreases just by closing the doors; that the sound level at the Patio is reduced from the high 70s dBA to the low 60s dBA after the glass sliding doors are closed. BOOK 43 Page 16038 01/08/98 7:00 P.M. BOOK 43 Page 16039 01/08/98 7:00 P.M. Commissioner Cardamone stated that a newspaper article reported the plans of the owner of the Main Street Depot to make significant changes in business operations; and asked if a noise problem in Downtown would persist if those changes are implemented and the Lemon Coast Grill were enclosed? Deputy Chief Pillifant stated that the Blue Ribbon Committee on Noise will return recommendations concerning problems associated with bass tones; that noise problems would be significantly resolved if glass enclosures were installed at the Lemon Coast Grill. Commissioner Patterson asked if the roof or both the roof and windows would have to be enclosed? Commissioner Cardamone stated that enclosing the entire building is recommended. Commissioner Patterson requested discussion of concerns regarding elevator music. Attorney Singer stated that distinguishing between different types of music is difficult; that the only way to discriminate between music is to specifically prohibit live amplified music rather than all amplified music; that the Administration decided not to recommend a prohibition limited to live music only; that legally defining different types of music is difficult. Commissioner Cardamone asked if background music at a sound level consistent with the piano at Charlie's Crab, which has been measured at 63 dBA, could be considerable acceptable? Attorney Singer stated that the music at Charlie's Crab is associated with outdoor dining; that the maximum level of acceptable background music in a strictly dining situation may differ from light dining and drinking such as at Cha Cha Coconuts; that the type of music may differ. City Attorney Taylor stated that the issue would have to be considered without discriminating between the different styles of music and would be more properly handled when time to study the specific details is available. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to approve proposed Ordinance No. 97-4019 on second reading. Commissioner Patterson stated that the ordinance may not be ideal either for residents or businesses; however, the opportunity will be made available to reconsider the issue when recommendations are received from residents and restaurateurs; that the Blue Ribbon Committee on Noise is evenly balanced and will address the most difficult issue of regulating bass tones; that establishing a different maximum decibel limit during later hours or changing the hours of outdoor dining on sidewalks to be consistent with the proposed noise ordinance may be appropriate; that the proposed ordinance is enforceable and will ease most of the residents' problems except for those caused by the low-frequency, beat-thumping sounds; that some hardship and possibility some relief has been created for everyone; that the proposed ordinance should be adopted. Commissioner Merrill concurred; and stated that the issue will be revisited; that a willingness may exist to allow outdoor dining beyond 11:00 p.m. during weekdays if the bass tones can be successfully regulated; that patrons of the sidewalk cafes were still eating outside at 11:00 p.m. during a recent visit to St. Armands Circle; that his vote to end outdoor dining at 11:00 p.m. on weekdays may have been a mistake; that business owners may prefer to have outdoor dining permitted until midnight on weekdays with a maximum sound level of 70 dBA; that finding a way to balance conflicting interests is not known. Commissioner Merrill continued that the hours of operation in the proposed noise ordinance are different than the hours of operation in the proposed outdoor dining ordinance; that outdoor dining must cease at 11:00 p.m. on weekdays; however, the doors and windows must be closed to prevent music flowing outside at 10:00 p.m. on weekdays; that hours of operation should be coordinated; that the hour at which doors and windows must be closed should be the same as the time outdoor dining must cease; that the focus on noise and outdoor dining has shifted from the Lemon Coast Grill to St. Armands Circle; that unintended consequences may have been created. Commissioner Merrill further stated that the business owners on the Blue Ribbon Committee on Noise could recommend provisions which would permit background music in later hours such as reducing the allowable decibel level to 65 dB; that many people on both sides of the issue may be upset by adoption of the proposed ordinance; that the Blue Ribbon Committee on Noise may be able to develop more coherent recommendations. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to amend the motion to exempt church bells from the provisions of the ordinance. Vice Mayor Dupree stated that five public hearings have been held on the proposed ordinance; that the experts, business owners, and residents who will serve on the Blue Ribbon Committee on Noise can develop recommendations which may be acceptable; that some people have indicated the Commission is not listening to all the people; however, everyone does not come to public hearings; that the Commission is listening to everyone who wishes to speak and is BOOK 43 Page 16040 01/08/98 7:00 P.M. BOOK 43 Page 16041 01/08/98 7:00 P.M. seriously attempting to address problems in the best way possible; that people living in close proximity to businesses knew the businesses were already located in the area; however, people did not know that loud music would be inconsiderately played at disturbing levels. Vice Mayor Dupree continued that a number of residents indicated the problems have only developed within the past year and a half; that enough public input has been received to achieve a workable solution for everyone; that the proposed ordinance will hopefully resolve some of the issues while leaving open the possibility for improvement. Mayor Pillot stated that President Abraham Lincoln stated that "you can't please all the people all the time"; that the Commission has managed to make everyone slightly angry. Mayor Pillot called for a vote on the motion to amend the motion to exempt church bells. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Paterson, yes; Pillot, yes. Mayor Pillot requested City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to approve proposed Ordinance No. 97-4019 exempting church bells on second reading. Motion carried (4 to 1): Cardamone, no; Dupree, yes; Merrill, yes; Paterson, yes; Pillot, yes. Mayor Pillot stated that considerable discussion has occurred concerning elevator music; and passed the gavel to Vice Mayor Dupree. On motion of Mayor Pillot and second of Commissioner Merrill, it was moved to direct the City Manager to: 1) initiate a study by the Blue Ribbon Committee on Noise to determine, without being limited to, the specific criteria by which background music as an accessory use to outdoor dining would be permitted, monitored and enforced 2) utilize available professional consultants, representatives from affected neighborhoods, representatives from food service establishments and associations, City Staff, and any other representation as directed by the Commission and 3) present the study results with specific recommendations at the February 17, 1998, regular Commission meeting, unless the deadline date is determined unrealistic by the City Manager. Mayor Pillot stated that the intent of the motion is to provide the ability to allow background music, i.e., that which will create a pleasant background for dining but at a volume not to interfere with comfortable and easy conversation among diners at all tables, including those closest to the music source; that the intent is not to set limitations on the Blue Ribbon Committee on Noise; that the music could be provided by live musicians or by recorded music commonly referred to as elevator music or "muzak"; that control of the volume is of critical concern regardless of the type of music; that background music is personally enjoyed and provides an awareness of an unidentifiable pleasantness; that patrons at neighboring tables have never, in his experience, objected to strolling violinists; that standards could be developed to permit, monitor and enforce appropriate regulations. Commissioner Merrill stated that the Blue Ribbon Committee on Noise should be given considerable latitude; and asked if the intent of the motion is to allow background music without having to close doors and windows? Mayor Pillot stated yes; that the intent is to set no limitations on the Blue Ribbon Committee on Noise except to return a recommendation regarding the ability of restaurateurs to provide comfortable, easy conversational types of music. Commissioner Merrill stated that a willingness exists to review recommendations to revise the hours of operation for outdoor dining and soft music drifting through open doors; that a method should be determined to ensure residents are not disturbed by low-frequency, beat-thumping sounds; that the motion is supported; however, his interest is directed to broader issues; that anything developed and agreed upon by the members of the Blue Ribbon Committee on Noise will be happily considered. Commissioner Patterson stated that one small objection to the motion is the mandate that the final result will include criteria which will enable the playing of elevator or background music when the doors to an establishment are open; that providing the ability to play background music is preferred and expansion of the hours desirable if the low-frequency, beat-thumping. sounds can be controlled; however, the direction to the Blue Ribbon Committee on Noise should not be considered a mandate. On motion of Commissioner Patterson, it was moved to amend the motion to add to the first sentence the words "if" and "could be created" to result in the following language: "to determine if specific criteria could be created." Mayor Pillot stated that, with the permission of the Chairman and the seconder of the motion, the proposed language, which does not negate the intent of the motion, will be included in the motion; that the Blue Ribbon Committee on Noise will have every right to indicate that such criteria cannot be recommended. Commissioner Merrill stated that the change in language of the motion is acceptable. Commissioner Cardamone asked the deadline for the report by the Blue Ribbon Committee on Noise? BOOK 43 Page 16042 01/08/98 7:00 P.M. BOOK 43 Page 16043 01/08/98 7:00 P.M. City Manager Sollenberger stated that on December 8, 1997, the Commission requested the report be returned within 90 days; that the target date will not be met as appropriate ways to resolve outstanding issues has not been determined by the Administration; that during the last month, commentary received from interested parties and testimony given at the public hearings have been helpful in formulating an approach to ongoing problems; that the Blue Ribbon Committee on Noise should be established by the end of the month; that the first assignment will be to develop a Request for Proposal (RFP) and select a consultant; that a report will probably be completed by May 1, 1998. Mayor Pillot stated that the text of the motion was provided to the Administration in advance; that the February 17, 1998, date was . anticipated as an unrealistic expectation; that the hope was that tourists would be allowed to enjoy uninterrupted outdoor dining during the balance of the current season. Commissioner Patterson asked if the Blue Ribbon Committee on Noise should have latitude to recommend the hours of operation be changed? Commissioner Merrill stated yes; that the Blue Ribbon Committee on Noise should be able to make any recommendations. Mayor Pillot stated that his intent is to establish no limitations, except the recommendation to investigate the possibility of allowing quiet background music. Commissioner Cardamone stated that many hours have been spent during the first and second public hearings; that the concern over background music comes close to unraveling everything accomplished over the last couple of months. Commissioner Merrill stated that the overall problem has not been solved; that the low-frequency, beat-thumping sounds have not yet been addressed; that hours of operation and decibel readings have been established in a round-about method of addressing the problems caused by bass tones; that the manner the bass tones are addressed will affect all the other regulations. Commissioner Cardamone stated that low-frequency, beat-thumping sounds are not the only concern; that parking, traffic, sidewalk noise, and car doors slamming near residences are also problems; that the Blue Ribbon Committee on Noise should consider the two designated assignments to address bass tones and background music but should not begin the process all over. Commissioner Patterson stated that the problem has not yet been resolved as evidenced by Commissioner Cardamone's negative vote on the motion; that either the proposed ordinance is considered too lenient or not sufficiently restrictive; that more work is necessary; that allowing elevator music may not be possible; that she will not vote to reopen the issue unless a recommendation to do sO is made by the Blue Ribbon Committee on Noise. Commissioner Patterson continued that establishment of a sound level restriction of 63 or 65 dBA may allow expansion of the hours of operation during which doors may remain open; that the Blue Ribbon Committee on Noise will develop recommendations; that a public hearing regarding background music will not occur if half the Blue Ribbon Committee on Noise declines to address the issue; however, the Commission should allow the issue to be examined. Commissioner Cardamone stated that a vote is not usually challenged or questioned. Commissioner Patterson stated that Commissioner Cardamone's vote is not being challenged. Commissioner Cardamone stated that no compelling reason existed to change her vote which is consistent with previous votes; that no specific unhappiness is expressed with the proposed ordinance; that consistency of her voting pattern is the reason for the vote against the motion. Commissioner Cardamone continued that the Blue Ribbon Committee on Noise should not be directed to undo what has been accomplished; that the benefits of the newly adopted noise ordinance are not yet known; that the restaurants may have no problem once a way is found to manage the behavior of customers; that the issue should not constantly be revisited. Commissioner Merrill stated that beginning all over is not necessary; that legislating different hours of operations for outdoor dining and outdoor amplified music creates confusion; that a proprietor requiring outdoor sidewalk cafe dining patrons to leave could be asked many questions resulting in friction; that not allowing unlimited outdoor service is acceptable; however, no more restrictions than necessary should be established; that friction should be minimized. Mayor Pillot stated that the motion should be revised to indicate the Blue Ribbon Committee on Noise should present recommendations at their discretion. Commissioner Patterson stated that reopening the issue of sidewalk cafes is not intended; that this motion refers specifically to the hours when an establishment must eliminate outside music by closing doors and windows; that issues relating to sidewalk cafes should not be reconsidered. BOOK 43 Page 16044 01/08/98 7:00 P.M. BOOK 43 Page 16045 01/08/98 7:00 P.M. Commissioner Merrill stated that the difference in the hours of operation is the primary concern; that the hours for outdoor dining and outdoor amplified music should be the same. Commissioner Patterson stated that the hours should be the same if possible. Vice Mayor Dupree restated the motion as to direct the City Manager to: 1) initiate a study by the Blue Ribbon Committee on Noise to determine, without limitations, if specific criteria could be created by which background music as an accessory use to outdoor dining would be permitted, monitored and enforced, 2) utilize available professional consultants, representatives from affected neighborhoods, representatives from food service establishments and associations, City Staff, and any other representation as directed by the Commission and 3) present the study results with specific recommendations at the February 17, 1998, regular Commission meeting, unless the deadline date is determined unrealistic by the City Manager. Commissioner Patterson stated that no intent is indicated in the motion to reopen the issue of outdoor dining; that a set of parameters pertaining to the noise ordinance is being addressed. Commissioner Cardamone stated that the motion indicates no intent to address the hours of operation of indoor or outdoor dining. Mayor Pillot stated that is correct unless the Blue Ribbon Committee on Noise returns with such a recommendation. Commissioner Patterson stated that the Blue Ribbon Committee on Noise is not charged with doing sO. Mayor Pillot stated that the intent of the motion is to place no limitations on the Blue Ribbon Committee on Noise; that no intent exists to modify outdoor dining or the hours of operation nor does any intent exist to tie the hands of the Blue Ribbon Committee on Noise. Commissioner Patterson stated that the Blue Ribbon Committee on Noise was not formulated to address hours of operation for outdoor dining but may complete their assigned task and voluntarily return with a recommendation. On motion of Commissioner Patterson, it was moved to amend the motion not to charge the Blue Ribbon Committee on Noise with examining the hours of operation for sidewalk cafes. Mayor Pillot stated that with the approval of the Commission, the stipulation will be included in the motion. Vice Mayor Dupree stated that there is a consensus of the Commission to include the stipulation in the motion that the Blue Ribbon Committee on Noise is not charged with examining the hours of operation for sidewalk cafes. Commissioner Merrill asked if the Blue Ribbon Committee on Noise can discuss the issue voluntarily? Commissioner Patterson stated that Blue Ribbon Committee on Noise is not charged with considering the issue but may do sO if they wish. Commissioner Cardamone stated that the Commission stated that an amendment to the proposed ordinance to address the hours of operation has previously been referred to the Planning Board/Local Planning Agency (PBLP). Vice Mayor Dupree called for a vote on the motion as modified to state that the Blue Ribbon Committee on Noise is not charged with examining the hours of operation for outdoor cafes. Motion carried unanimously (5 to 0): Cardamone, yes; Merrill, yes; Patterson, yes; Pillot, yes; Dupree, yes. Vice Mayor Dupree passed the gavel back to Mayor Pillot. Commissioner Cardamone distributed a copy of the Downtown Idea Exchange and stated that an article includes regulations cited as the "Design Review Criteria for Sidewalk Cafes"; that the Commission is requested to direct the City Attorney to provide a similar list of criteria, prohibitions, and allowable actions when an ordinance is drafted which generates as much confusion as the proposed noise ordinance; that the list of criteria should be provided in simple language to clarify the legal verbiage contained in the ordinance; that a simplified version of an ordinance would enable the Commission to make amendments more easilyi that a simplified version is not required for every ordinance adopted by the Commission; however, complicated ordinances affecting large segments of the public should be clarified in simple, non-legalese language. Mayor Pillot asked who submitted the article to the Commission? Commissioner Cardamone stated that the article was submitted by Paul Thorpe. Mayor Pillot stated there is a consensus of the Commission to direct the City Attorney to provide a simplified version of any complicated ordinance affecting large segments of the population. 2. CITIZENS I INPUT CONCERNING CITY TOPICS (AGENDA ITEM II) #2 (3418) through (3534) BOOK 43 Page 16046 01/08/98 7:00 P.M. BOOK 43 Page 16047 01/08/98 7:00 P.M. Philip Dasher, 926 Boulevard of the Arts (34236), President of the Marina Suites Association and Vice President of the Bayfront Condominium Association, came before the Commission and stated that his remarks are not related to the Commission's correct decision to adopt proposed Ordinance No. 97-4019 under Agenda Item I, Second Public Hearing. Mr. Dasher continued that he left the January 6, 1998, special Commission meeting without the opportunity to respond to remarks addressed towards him; that earlier this evening, he presented a minutes excerpt of the August 4, 1997, regular Commission meeting, at which the Commission directed the City Attorney's Office to report back as soon as possible with recommendations regarding development of a noise-sensitive area for Sarasota Quay; that the City Attorney subsequently reported that proposed Ordinance No. 97-4019 answered the Commission's direction. Mr. Dasher further stated that the Commission direction given at the August 4, 1997, regular Commission meeting had absolutely nothing to do with the noise ordinance passed this evening; that at the August 4, 1997, regular Commission meeting, Mr. Caddie provided expert testimony that three zones should be developed; that the testimony was neither addressed nor answered by the Administration; that competent, expert opinion provided by a sound expert to whom the City paid a fee of $15,000 should be addressed; that the failure to do sO was missing from the rebuttal made earlier by the City Attorney. Mr. Dasher stated further that he is getting extremely tired of being personally attacked without basis and without opportunity to rebut; that a comment was made last Tuesday regarding the frequency of his appearances before the Commission; that he is an officer of the Bayfront Condominium Association and will most likely be coming forth often. 3. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM III) #2 (3535) through (3659) COMMISSIONER PATTERSON: : A. stated that Roberts Rules of Order state that the maker of a motion has the opportunity to speak first to that motion; however, the Rules do not indicate the seconder has the opportunity to speak next. Mayor Pillot stated that the policy has been used based on his own personal courtesy toward the seconder; however, providing the seconder the opportunity to speak after the maker is not a requirement. Commissioner Patterson stated that the seconder sometimes has nothing to say. VICE MAYOR DUPREE : A. stated that he contacted personnel at the Sarasota Day Nursery who advised that structural flooding during today's storm did not occur; that a great deal of stormwater ran onto the property but the building was not flooded. Commissioner Cardamone stated that she was informed the Nursery was closed today due to flooding. Vice Mayor Dupree stated that although a great deal of stormwater flowed into the area, people who actually work at the Nursery indicated the building was not flooded; that the water rose high in the playground area due to today's rainfall which accumulated over water still standing from previous storms; that the building was on the verge of being flooded; that the canal running along the northern side of the Sarasota Day Nursery property overflowed; however, the building was not flooded. Commissioner Patterson asked if a chronic problem exists? Vice Mayor Dupree stated yes. 4. ADJOURN (AGENDA ITEM IV) #2 (3660) There being no further business, Mayor Pillot adjourned the special meeting of January 8, 1998, at 10:00 p.m. pal - /GENE PILLOT, MAYOR ATTESTCT4 C BILI EG OB: INSON, CITY AUDITOR AND CLERK / BOOK 43 Page 16048 01/08/98 7:00 P.M.