MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF DECEMBER 8, 1997 AT 7:00 P.M. PRESENT: Mayor Gene Pillot, Vice Mayor Jerome Dupree, City Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, 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 Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. City Manager Sollenberger requested Gregory Horwedel, the new Director of Neighborhoods and Redevelopment, to stand in the audience for recognition, and stated that the Staff of the Department of Neighborhoods and Redevelopment will include a Neighborhood Coordinator, a Planner, and an Administrative Assistant; that business districts and neighborhoods, vital to the long-term economic financial sustainability of the City, should be compatible. 1. PUBLIC HEARING RE: PROPOSED : ORDINANCE NO. 97-4019, AMENDING ARTICLE I, SECTION 1-2, DEFINITIONS AND RULES OF CONSTRUCTION TO PROVIDE DEFINITIONS RELATING TO NOISE REGULATIONS; AMENDING ARTICLE VIII, DIVISION 9, COMMERCIAL, TOURIST, TO ADD SECTION 8-90.1 REGULATING NOISE IN THE CT ZONING DISTRICT; PROHIBITING AMPLIFIED SOUND NOT IN A COMPLETELY ENCLOSED STRUCTURE DURING CERTAIN HOURS; ESTABLISHING 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; PROHIBIT 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-NEMIOHN. 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- BOOK 42 Page 15684 12/08/97 7:00 P.M. BOOK 42 Page 15685 12/08/97 7:00 P.M. 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) -= PASSED ON FIRST READING INCLUDING CONDITIONS TO: 1) DELETE REFERENCES TO OCTAVE BAND SOUND PRESSURE LEVELS, 2) EXEMPT TELEPHONES AND FIRE OR BURGLAR ALARMS, 3) INCREASE DECIBEL LEVEL TO 75 DBA, AND 4) CONDUCT AN INVESTIGATION IN CONCERT WITH CONSULTANT AND MEMBERS OF THE PUBLIC REGARDING APPROPRIATE METHODS TO REGULATE BASS SOUNDS AND RETURN A REPORT AFTER 90 DAYS AND 2. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4024, AMENDING CHAPTER 20, SARASOTA CITY CODE: DELETING THE PROHIBITION OF AMPLIFIED MUSIC NOT WITHIN A COMPLETELY ENCLOSED STRUCTURE IN THE C-CBD ZONE DISTRICT DURING CERTAIN HOURS; DELETING THE MAXIMUM PERMISSIBLE SOUND LEVEL IN THE C-CBD ZONE DISTRICT; DELETING CERTAIN DEFINIVTIONS PERTAINING TO AMPLIFIED MUSIC AND SOUND LEVEL MEASUREMENTS: CHANGING THE DEFINITIONS OF NOISE- SENSITIVE AREA; DELETING MANDATORY PENALTIES FOR A SUBSEQUENT VIOLATION OF THIS CHAPTER; ADDING THE DEFINITION FOR HOLIDAY; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) = PASSED ON FIRST READING AS MODIFIED REGARDING EXEMPTIONS FOR TELEPHONES AND FIRE AND BURGLAR ALARMS; SCHEDULED SECOND READING AT THE DECEMBER 15, 1997, REGULAR COMMISSION MEETING (AGENDA ITEM I) #1 (0022) through #3 (2242) Commissioner Cardamone stated that during the week of October 20, 1997, the New York Times reported on a bill approved by a 44 to 4 vote of the New York City Council to provide relief for residents disturbed by car alarms, howling dogs, and noisy nightclubs; that the measure, called a quality-of-life victory, is intended to lower noise levels in neighborhoods; that fines to repeat offenders will be doubled and sometimes tripled; that the owner of a constantly barking dog could be fined up to $525 and the proprietor of a noisy bar could face a $24,000 fine after repeated violations. Commissioner Cardamone continued that a December 8, 1997, letter from the Restaurant Task Force Committee requests the Commission strike a fair and reasonable balance when adopting comprehensive regulations on businesses; that a reasonable balance should be found rather than imposing $24,000 fines on bars. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that any citizen who has signed up to speak 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. City Attorney Taylor stated that the role of the City Attorney's Office in preparing proposed Ordinance Nos. 97-4019 and 97-4024 should be clarified; that the City Attorney's Office does not design an ordinance by consensual input with community groups; that although always willing to accept input, drafts are not provided to the public for critique; that Commission meetings are the proper place for public input; that certain segments of the community are apparently under the incorrect impression that the City Attorney's Office was to prepare the proposed ordinance in concert with a particular interest group; that the City Attorney's Office will consider suggestions based on Commission direction this evening. Mark Singer, City Attorney's Office, came before the Commission and stated that existing Ordinance Nos. 97-3993 and 97-3994 have recently been overturned by the court; that repealing and re-enacting Ordinance Nos. 97-3993 and 97-3994 as proposed by Ordinance Nos. 97-4019 and 97-4024 with the modifications requested by the Commission will increase the likelihood of a successful defense. Attorney Singer continued that proposed Ordinance No. 97-4024 deletes from the Sarasota City Code existing noise regulations relating to the Commercial-Central, Business District (C-CBD) Zone District; that proposed Ordinance No. 97-4019 moves the regulations applicable to the C-CBD Zone District into the Zoning Code and expands the same regulations to the Commercial, Tourist (CT) and Commercial, Business-Newtown (CBN) Zone Districts; that all regulations will apply equally to the three zone districts with one exception; that the distance regulation prohibiting outdoor amplified music from any establishment located within 250 feet of a residential use in the C-CBD Zone District will not be expanded to the CT or CBN Zone Districts; that limitations on octave band sound pressure levels to eliminate problems caused by low-frequency, beat-thumping sounds will be included in proposed Ordinance No. 97-4019. Attorney Singer further stated that residential uses are exempt from the proposed regulations on outdoor amplified music; that the definition of a noise-sensitive area will be clarified, the excessive, mandatory penalty for second violations deleted, and a definition for holiday added in Chapter 20 of the Sarasota City Code. Mayor Pillot requested clarification of the language in proposed Ordinance No. 97-4019 indicating the measurement of decibel levels will occur at or beyond the property line. Attorney Singer stated that the court requires that noise ordinances be strictly construed; that prosecuting an offense will BOOK 42 Page 15686 12/08/97 7:00 P.M. BOOK 42 Page 15687 12/08/97 7:00 P.M. Attorney Singer stated that the court requires that noise ordinances be strictly construed; that prosecuting an offense will be easier if the exact location of property lines does not have to be proven; that a land survey should not be required to measure decibel levels; that police officers should be able to take decibel readings within a reasonable vicinity of the property line of an offending establishment. Attorney Singer continued that the property line in the Quay Basin, which most parties believe is located in the middle of the water, has been the subject of some dispute; that the City should not have to prove the location of a property line to prosecute a noise violation. Mayor Pillot requested clarification of several references to Section 316.3045, Florida Statutes. Attorney Singer stated that Section 316.3045, Florida Statutes provides Statewide regulations such as the one pre-empting municipalities from regulating sounds generated by motor vehicles. Commissioner Patterson stated that citizens concerned that the proposed noise ordinances are overly restrictive have recommended measuring noise violations at the source of the complaint rather than the source of the sound. Attorney Singer stated that enforcement of noise violations can be expected to receive strict scrutiny by the court to ensure that all elements of prosecution have been fulfilled; that virtually every noise ordinance citation issued during the past year has been controverted in court; that noise problems in Downtown include multiple noise sources rather than, i.e., sound levels produced by a solitary bar on Siesta Key located where no other commercial properties exist; that measuring sound levels at or near the property line of an offending establishment will enable the City to prove the violation has been generated by that specific establishment; that convincing the court that offenders can be specifically pinpointed by police officers taking decibel readings at the source of the complaint would be difficult as many ambient sounds exist at the receiving zone; that the City would have to prove the violation of allowable decibel levels was caused by noise generated by a specific establishment rather than from multiple establishments or ambient street sounds. Vice Mayor Dupree stated that measuring decibel levels at both the source of the sound and the source of the complaint appears necessary. Attorney Singer stated that an extensive effort was undertaken to measure decibel levels at Lemon Coast Grille, the source of the sound, and at the Dolphin Tower, the source of the complaints; that decibel levels at the source of the sound provides specific parameters rather than vague conclusions. Vice Mayor Dupree stated that the language in proposed Ordinance No. 97-4019 indicates sound levels will be determined with sound-level meters measuring either on the A-weighted scale or the octave band center frequency; and asked if sound-level meters will be provided to all law enforcement officers? Attorney Singer stated that several sound-level meters have been purchased by the Police Department; that Police Officers have been trained in the operation and maintenance of the devices which must be properly certified on a regular basis in accordance with manufacturers' instructions; that devices to measure the octave band center frequency will be purchased if the proposed ordinance is adopted. Mayor Pillot asked if Compact Discs (CDs) will be listed in proposed Ordinance No. 97-4019 as one of the devices which could produce unreasonable noise? Attorney Singer stated yes; that CDs are addressed as "other mechanical sound-making devices." Mayor Pillot stated that the following language in proposed Ordinance No. 97-4024 is a concern: "The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, fire, whistle, or similar stationary emergency signaling device shall not occur before 7 a.m. or after 7 p.m." Mayor Pillot stated that devices exist which allow residents to set off an alarm by pushing a button when danger is perceived; that the intentional sounding of a burglar alarm is more likely to occur in the evening hours; that such an option should not be prohibited to any business or residence. Attorney Singer stated that the language, in the Sarasota City Code since the early 1970s, can be modified to exempt homeowners or business people who need to activate an alarm in the evening. Commissioner Merrill stated that the existing language in proposed Ordinance No. 97-4024 should be modified to exempt telephones. Attorney Singer stated that the language will be revised to exempt telephones. Attorney Singer continued that the City Attorney's Office has submitted for the record all noise studies conducted by Ian Caddie, the sound expert hired by the City, Gary Drouin, owner of Gary Drouin Audio and President of Save Downtown Outdoor Music, Inc., and Officer Joseph Panichello as.well as the agenda and minutes of BOOK 42 Page 15688 12/08/97 7:00 P.M. BOOK 42 Page 15689 12/08/97 7:00 P.M. Drouin Audio and President of Save Downtown Outdoor Music, Inc., and Officer Joseph Panichello as well as the agenda and minutes of Commission and Planning Board/Local Public Agency (PBLP) meetings and workshops addressing the noise issue. Commissioner Patterson stated that some citizens have requested formation of a task force to reexamine the issues; however, noise problems at St. Armands Key and Downtown have already been evaluated by two task forces each comprised of residents and business. Attorney Singer stated that the initial task force which met at the First Street Fire Station was in existence approximately 18 months ago when the Fire Department was still under City supervision; that ultimately, a sound. expert was retained and sound levels in Downtown measured; that at public hearings held in Spring 1997, numerous St. Armands Key residents requested enactment of the existing noise regulations in the C-CBD Zone District to the CT Zone District; that the noise problems were evaluated by the St. Armands Task Team on Noise lead by Deputy Police Chief Russell Pillifant. Ian Caddie, Civil Engineer, a sound expert retained by the City to take measurements of sound, came before the Commission and stated that at the last meeting, the Commission requested the various means of reducing the low-frequency, beat-thumping sounds of amplified music be investigated; that bass sounds occur in the lower octave band center frequencies from approximately 31 to 250 hertz (Hz); that limitations placed on octave band sound pressure levels by other municipalities have been researched; that one of the main reference books on noise control is by Charles Wilson, New Jersey Institute of Technology, who along with the Department of Environmental Sciences of Cook College, Rutgers University, has drafted a model noise ordinance specifying decibel limits in the A-weighted scale and limits on octave band sound pressure levels; that the limitations on octave band sound pressure levels in proposed Ordinance No. 97-4019 have been modeled on those included in the State of New Jersey ordinance; that the low-frequency, beat-thumping sounds have been successfully regulated in Orange County and Jacksonville, Florida. Commissioner Patterson asked if additional equipment to measure the octave band sound pressure levels must be purchased? Attorney Singer stated yes; that additional equipment will be purchased by the Police Department if the proposed ordinance is approved. Commissioner Patterson asked if limiting the low-frequency, beat-thumping sounds by measuring octave band sound pressure levels could eliminate noise problems to such an extent that the existing Mr. Caddie stated yes; that sound-level meters measuring the bass sounds created in the lower end of the octave band center frequencies can be used to regulate low-trequency, beat-thumping sounds. Commissioner Patterson asked how much time will be required after the limitations on octave band sound pressure levels are established to present a recommendation which will allow Commissioners to feel comfortable raising the existing 70 dBA? Attorney Singer stated that additional studies can be conducted; however, the noise problems in Downtown are believed to be caused by sounds generated in the higher octave band center frequencies; that limitations on octave band sound pressure levels will resolve problems caused by bass sounds; that although the octave band scale can be used to regulate both the higher and lower octave frequencies, an inherent conflict may exist if the higher frequencies ranges, currently measured on the A-weighted scale, as well as the lower frequencies of sound are measured on the octave band scale; that currently, annoying bass sounds can be generated without violating the existing 70 dBA limit; however, under proposed Ordinance No. 97-4019, citations would be issued for violating the limitations on octave band sound pressure levels even if the decibel levels as measured on the A-weighted scale are within allowable limits. Commissioner Patterson stated that the Commission is considering raising the existing limits on decibel levels 70 dBA to 75 dBA; and asked if the allowable level for bass sounds measured on the octave band center frequency as proposed in Ordinance No. 97-4019 would be raised?. Attorney Singer stated that the point at which the low-frequency, beat-thumping sound becomes a disturbance must be determined; that increasing the limits on decibel levels from 70 dBA to 75 dBA as measured on the A-weighted scale may be unrelated to regulation of low-frequency, beat-thumping sounds. Mr. Caddie stated that is correct. Commissioner Merrill asked if field tests were conducted to measure bass sounds prior to including the limits on octave band sound pressure levels in proposed Ordinance No. 97-4019. Attorney Singer stated that no independent testing has occurred due to the amount of time required; that conducting a noise study for octave band sound pressure levels is more difficult than taking decibel readings on the A-weighted scale; that the City has done what is commonly done in many jurisdictions and accepted by the courts; that the limitations on octave band sound pressure levels, equivalent to 65 decibels if measured on the A-weighted scale BOOK 42 Page 15690 12/08/97 7:00 P.M. BOOK 42 Page 15691 12/08/97 7:00 P.M. courts; that the limitations on octave band sound pressure levels, equivalent to 65 decibels if measured on the A-weighted scale (dBA), have been modeled on a nationally recognized noise ordinance adopted by another jurisdiction, the State of New Jersey. Commissioner Merrill stated that although Staff may believe limitations on octave band sound pressure levels equivalent to 65 dBA will be beneficial, no testing to confirm the benefits of such a limitation has occurred; that the Commission is being requested to vote on a policy decision for which test results have not been produced; that Attorney Singer himself has not heard bass sounds limited to a level equivalent to 65 dBA; and asked if the lower-frequency octave band sound pressure levels currently produced by local musicians are known? Attorney Singer stated no; that regulating the low-frequency, beat-thumping sounds is extremely difficult; that potentially controversial field tests on low-frequency, beat-thumping sounds were avoided to prevent further delay in implementing proposed Ordinance No. 97-4019; that field tests on bass sounds could be conducted upon receiving Commission direction to do so; that deleting the references to octave band sound pressure levels until a report is returned at a later time back is preferable to delaying approval of proposed Ordinance Nos. 97-4019 and 97-4024. Commissioner Merrill asked if Downtown residents have complained regarding the low-frequency, beat-thumping sounds? Attorney Singer stated that the residents are not believed to have complained about low-frequency, beat-thumping sounds. Commissioner Merrill stated that although low-frequency, beat-thumping sounds are not perceived as a problem, the proposed limitations on octave band sound pressure levels have been made more restrictive at a level equivalent to 65 dBA than the 70 dBA limit as measured on the A-weighted scale; and asked why the octave band center frequency is set at a more restrictive level if bass sounds are not considered a problem? Attorney Singer stated that complaints from St. Armands Key residents have focused on low-frequency, beat-thumping sounds. Commissioner Merrill asked if low-frequency, beat-thumping sounds are a greater problem on St. Armands Key than in Downtown? Attorney Singer stated yes. Vice Mayor Dupree asked how a wind screen for a microphone can filter out sounds made by traffic, aircraft and other background sounds and if decibel meters are equipped with the wind screen capacity? Mr. Caddie stated that decibel meters are equipped with a wind screen similar to the covering of a microphone; that the manufacturers of the equipment recommend the wind screen be used at all times; that decibel meters are reset when heavy traffic or aircraft pass during a decibel reading; that the language in proposed Ordinance No. 97-4019 indicates decibel readings should not be taken when traffic or aircraft noise is evident. Commissioner Patterson asked if the limits on octave band sound pressure levels will be equivalent to approximately 65 dBA rather than the 70 dBA limit on sounds measured in the higher frequencies of the octave band scale? Attorney Singer stated yes. Commissioner Patterson stated that 70 dBA is fairly strict; that a regulation making amplified sound impossible should not be adopted; and asked if the limitation on octave band sound pressure levels could be increased to a level equivalent to 70 dBA? Attorney Singer stated that changing the limitations on octave band center frequencies from a level equivalent to 65 dBA to one equivalent to 70 dBA may be possible; that the proposed changes could be studied and a report returned. Commissioner Patterson stated that substantiated data must have existed to allow the State of New Jersey to determine the appropriateness of octave band sound pressure levels equivalent to 65 dBA. Mr. Caddie stated that three noise ordinances have been studied: 1) the State of New Jersey, 2) Orange County, Florida and 3) St. Petersburg, Florida; that the allowable octave band sound pressure levels in all three ordinances are different from one another and different from proposed Ordinance No. 97-4019; that a definitive measurement could not be found. Commissioner Patterson asked if field tests would provide the ability to measure and limit octave band sound pressure levels to a sound level equivalent to 70 dBA? Mr. Caddie stated that a field study would record the decibel levels in each octave; however, the results would be subjective which is why the octave band sound pressure levels were not addressed when decibel readings were taken for the City in the past when the belief was held that enforcement would be easier if regulations were limited to restrictions within an A-weighted scale; that octave band center frequencies are more complicated to measure. Commissioner Merrill stated that a study of octave band sound pressure levels should not be any more complicated than reading a gauge. BOOK 42 Page 15692 12/08/97 7:00 P.M. BOOK 42 Page 15693 12/08/97 7:00 P.M. Mr. Caddie stated that the equipment is more complicated; that the bass sounds would have to be measured at or under the following specified measurements in four octave band center frequencies: Octave Band Octave Band Sound Center Frequency Pressure Level 31.5 96 63 82 125 74 250 67 Mr. Caddie stated that an octave band sound pressure level of 96 as measured on the 31.5 octave band center frequency is equivalent to 65 dBA; that an octave band sound pressure level of 82 as measured on the 63 octave band center frequency is equivalent to 65 dBA, etc. Commissioner Merrill stated that any reading higher than 95 on the octave band frequency of 31.5 would be considered a violation; and asked if readings on all four frequencies would be required? Mr. Caddie stated that i.e., upon receiving a complaint regarding low-frequency, beat-thumping sounds, a measurement at or under 96 on the octave band center frequency of 31.5 would require an additional measurement on the 63 octave band center frequency to determine if the sound pressure level is at or under 82; that the sound pressure levels in all four octave band center frequencies must be measured to determine if the regulations have been violated. Commissioner Merrill stated that although four readings rather than one would be required, the police officer would simply read the meter; that the sound either would or would not violate the maximum allowable sound pressure levels. Commissioner Cardamone asked if noise problems on St. Armands Key could be eliminated by limiting the sound level to 70 dBA without the proposed limitations on octave band sound pressure levels? Commissioner Patterson stated no. Mr. Caddie stated that his involvement in the City's noise problems has been limited to Downtown. Attorney Singer stated that the extent to which the complaints regarding noise on St. Armands Key have been generated by low-frequency, beat-thumping sounds is unknown; however, the complaints of one extremely vocal resident have focused on those sounds. Commissioner Cardamone stated that no musician plays a beat absent a melody; that bass sounds always accompany music; that limitations on octave band sound pressure levels may not be required if the decibel level on St. Armands Key is restricted to 70 dBA. Mayor Pillot stated that during one experience as a guest at the home of a resident whose doors and windows were closed, no musical melody could be heard; however, the low-frequency, beat-thumping sounds were extremely annoying; that the melody was screened out and only bass sounds were heard. Deputy Police Chief Russell Pillifant came before the Commission and stated that complaints regarding low-frequency, beat-thumping sounds have been filed by both St. Armands Key and Downtown residents; that numerous residents have asserted the music is not as disturbing as the low-frequency, beat-thumping sounds; that one evening, when taking decibel readings on St. Armands Key, the decibels were less than 70 dBA but the low-frequency, beat-thumping sounds were so loud that a citation for unreasonable noise was issued to the offending establishment on St. Armands Circle. Commissioner Cardamone asked if the low-frequency, beat-thumping sounds can be measured on the A-weighted-scale decibel meters? Deputy Police Chief Pillifant stated no. Commissioner Patterson stated that the City should have the ability to instruct a band generating obnoxious low-frequency, beat-thumping sounds to turn down the bass; that the recommended limitations on octave band sound pressure levels, stricter than existing regulations on sound levels measured on the A-weighted scale, may still be insufficient to resolve the problem. Deputy Police Chief Pillifant stated that the octave band sound pressure levels must be measured on each of the four octave band center frequencies for one to two minutes; that the band could stop playing while a measurement is being taken by a police officer who would then have to wait until the band resumes to retake all four measurements; that time becomes a factor in the costs of expediting enforcement. Attorney Singer entered the following documents into the record: 1. Chapter 29, New Jersey Statute, Noise Control 2. Copies of the cover page and page 229 referenced by Mr. Caddie from the book, Noise Control Measurement Analysis and Control of Sound and Vibration by Charles Wilson Commissioner Cardamone asked the sound levels established in the State of New Jersey, Orange County, Florida, and Jacksonville, Florida, ordinances? BOOK 42 Page 15694 12/08/97 7:00 P.M. BOOK 42 Page 15695 12/08/97 7:00 P.M. Attorney Singer stated that octave band sound pressure levels in New Jersey are limited to the equivalent of 65 dBA; that the regulations established in Orange County and Jacksonville differ from those proposed by the City of Sarasota. Commissioner Merrill asked if the New Jersey noise ordinance is enforced throughout the State of New Jersey? Attorney Singer stated that the noise ordinance established in the New Jersey State statutes is presumed to apply statewide. Mayor Pillot stated that 42 people have signed up to speak on the first public hearing and the same number for Public Hearings IV-2 and -3; that the public speaking portion of this meeting would extend three and a half hours and finish between 11:30 p.m. and midnight if each of the 42 people take the five minutes allocated; that members of the audience are requested to acknowledge that they wish to reiterate the statements of previous public speakers and defer from speaking further or to take less than five minutes; that the points of view of both residents and business people are critical to the decision-making process. Commissioner Merrill asked if public speakers signed up for all three public hearings can address all three issues at the same time? City Attorney Taylor stated that an intelligible noise ordinance is required; that the regulations included in the noise ordinance differ from the performance standards and other factors included in the proposed ordinances addressing open-air dining and sidewalk cafes; that the City is advised to hold the public hearings separately in view of previous legal challenges. Mayor Pillot stated that he would be happy to allow the members of the audience belonging to an organization represented by a single speaker to stand for recognition; that people with a valid health concern will be allowed to come before the Commission in advance of other speakers. Mayor Pillot opened the public hearing. The following people came before the Commission: Thomas Van Zandt, 605 Gulf Stream Avenue (34236), President, Bayfront Condominium Association, distributed a letter indicating the position of the Bayfront Condominium Association and stated that the Association was organized to protect the reasonable rights of the condominium residents who represent a significant tax base; that previously, the City was assured that baffles would be installed by the Lemon Coast Grill, the only establishment which has generated major noise problems. - Mr. Van Zandt continued that the Lemon Coast Grill has taken no action to alleviate the noise problems; that condominium residents are not opposed to the Lemon Coast Grill doing business and hope the establishment does well; however, the residents wish to sleep at night; that an ordinance must be developed and enforced to ensure that no business can impose its will on residents; that Downtown restaurants, theaters, and shops are supported by condominium residents. Commissioner Patterson asked if the City Attorney's Office has received a copy of the letter from the Bayfront Condominium Association? City Attorney Taylor stated yes; that a copy was received this afternoon; that the letter addresses inconsistencies in the language of the proposed ordinance; that some changes can be made; however, some of the recommendations are substantive; that the City Attorney's Office is not comfortable making arbitrary changes to an ordinance reviewed and recommended for Commission approval by the PBLP; that presentation of the recommendations of the Bayfront Condominium Association subsequent to rather than during the PBLP public hearing complicates the issue; that the recommendations of the Bayfront Condominium Association would change at least one of the regulations approved by the PBLP. Commissioner Patterson stated that scriveners errors should be addressed. City Attorney Taylor stated that such errors will be corrected. Commissioner Patterson stated that the legal judgment of the City Attorney's Office should be used to determine if any of the suggested changes should be incorporated into the proposed ordinance between first and second reading. Mr. Van Zandt asked if a response to the letter can be expected? Mayor Pillot asked if a response would appropriately come, from the City Attorney's Office? City Attorney Taylor stated yes. Joyce Mintzer, Dolphin Tower (34236), stated that the residents of Dolphin Tower have endured noise problems for approximately two years; that after a year and a half of attempts to compromise between businesses and residents, the City adopted Ordinance Nos. 97-3993 and 97-3994 which provided some relief; that although proposed Ordinances No. 97-4019 and 97-4024 will again provide relief, the basic issue is the right of every resident to enjoy his/her home without intrusion. Ms. Mintzer continued that prior to the existing noise ordinances, noise disturbances were enforced as code violations; that residents were advised to call code enforcement and provide a written BOOK 42 Page 15696 12/08/97 7:00 P.M. BOOK 42 Page 15697 12/08/97 7:00 P.M. were advised to call code enforcement and provide a written complaint to enable a code enforcement inspector to visit Dolphin Tower in the evening to ascertain the problems; that Ordinance Nos. 97-3993 and 97-3994 transferred the responsibility of enforcing noise violations from Code Enforcement to the Police Department; that the proposed ordinances will transfer enforcement of noise violations back to the Code Enforcement Department; that an easily enforceable noise ordinance should be developed without requiring residents to file complaints every evening; that City employees should be able to issue citations at the source of the sound without overtime payi that terminology recommended by the American National Standards Institute was eliminated from the two proposed ordinances; that the Bayfront Condominium Association believes a standardized terminology should be established; that portions of the proposed ordinance unsatisfactory to the Commission could be deleted; however, an ordinance should be enacted. Georgiana Strauss, 101 South Gulf Stream Avenue (34236), representing Dolphin Tower, stated that she has lived in Dolphin Towers for 15 years; that on four different occasions since June 1996, representatives of the City including Commissioners, the Police Chief, the Deputy Police Chief, and Attorney Singer have stood on her balcony, listened to the sounds emanating from the Lemon Coast Grill, and agreed that sound levels over 70 dBA are too loud; that prior to January 1996, residents never complained regarding bluegrass and rock and roll concerts held in Island Park; that the noise problems began with the opening of the Lemon Coast Grill in January 1996. Ms. Strauss continued that the property values at Dolphin Tower have been reduced; that one young 20-something couple who signed a one-year lease with an option for two or three more years regretted the move within two weeks and relocated after one year; that one realtor reported that a client was enthused about seeing a two-bedroom apartment until the apartment building was revealed as Dolphin Tower; that noise problems between the Lemon Coast Grill and Dolphin Tower are the only ones reported by the media which never reports on problems at the Quay or on St. Armands Key. Ms. Strauss further stated that Dolphin Tower is not analogous to Whitfield Estates where inexpensive homes were purchased by people who subsequently complained about airport noise; that the residents of Dolphin Tower, first occupied in 1975, desire a peaceful night's sleep; that the weather is currently ideal to leave the windows open at night; that low-frequency, beat-thumping sounds are a problem. Carol Pagan, 101 South Gulf Stream Avenue (34236), representing Dolphin Tower, stated that Officers Bradley Etheredge and Joseph Snodgrass, responding to her complaint one weekday evening at 12:47 a.m., determined the music from the Lemon Coast Grill was not have to hire a band to have a party and issued a citation to the Lemon Coast Grill; that during another incident, a police officer came to her home and asked why she would knowingly move into Downtown where noise is to be expected; that the police officer advised closing the - windows and turning on the air-conditioning; that those comments are not necessary when she is trying to sleep late at night; that the police officer admitted the music was louder in her home than on the street; that last Thursday evening, the Police Department was telephoned twice; that she was told Officer Scott Mayforth would call; that although the police officer did not call, the loud music from Lemon Coast Grill stopped within 15 minutes. Ms. Pagan continued that she enjoys entertaining friends but would prefer the music not be provided by the Lemon Coast Grill; that New York City, New York, was recently visited; that the windows in the hotel near Radio City Music Hall were open without any disturbance from noise; that successful nightclub owners in New York City do not disturb the peace of private individuals; that many Downtown businesses are thriving without infringing on other people's privacy and disturbing the peace. Mayor Pillot stated that public speakers with health problems will be called earlier; that the next speaker is accompanied by an individual with health problems. Alexandra Hara Lampopoulos, 1334 John Ringling Parkway (34236), stated that the possibility of the City eliminating open-air dining is devastating. Mayor Pillot stated that this public hearing addresses proposed Ordinances No. 97-4019 and 97-4024 relating to noise regulation; that the second public hearing will address proposed Ordinance Nos. 97-4007, relating to sidewalk cafes, and 97-4028, relating to open-air dining facilities; that the City Attorney has advised the two issues must be kept separate. Philip Dasher, 926 Boulevard of the Arts (34236), President of the Marina Suites Association and Vice President of the Bayfront Condominium Association, stated that he has lived in the City for nine years; that previous Ordinance Nos. 97-3993 and 97-3994 were extremely effective; however, low-frequency, beat-thumping sounds can still be heard; that the sounds are heard inside residences with the doors closed; that low-frequency, beat-thumping sounds are the only sounds currently penetrating the residences. Mr. Dasher continued that one unresolved issue is determining where the decibel measurement should be taken; that the property lines of both the Quay and the Marina Suites Condominiums are located in the Basin 85 feet from each respective seawall; that the condominium residents request measurements be taken at the seawall at the Quay with whatever reduction in decibels necessary to compensate for the adjustment in distance; that noise problems returned to the Quay BOOK 42 Page 15698 12/08/97 7:00 P.M. BOOK 42 Page 15699 12/08/97 7:00 P.M. with whatever reduction in decibels necessary to compensate for the adjustment in distance; that noise problems returned to the Quay immediately after the court-ordered suspension of Ordinance Nos. 97-3993 and 97-3994; that the Police Department worked for four days to restore quiet. Lucille Wallace, 1255 North Gulf Stream Avenue, #1501 (34236), representing Bay Plaza, stated that residents of Bay Plaza and 15 other condominiums comprising the membership of the Bayfront Condominium Association represent a large resident population; that the number of people adversely affected by music in Downtown must be measured against the few people providing the music; that another condominium, Sarabande, will be opening soon and four other high-rises in Downtown are in the planning stages; that although the relationship between businesses and condominiums may be symbiotic, the size of the resident population should be kept in perspective; that the low-frequency, beat-thumping sounds can be heard from establishments operating within enclosed walls. Bette Seigerman, 101 Sunset Drive (34236), representing Lawrence Point, stated that the residents of Lawrence Point are members of the Bayfront Condominium Association; that the cover of the current issue of Sarasota Magazine is headlined "The New Downtown"; that the City is becoming a cosmopolitan center requiring more sophisticated traffic and security control; that commercially generated noise is a form of pollution; that uncontrolled noise is detrimental to property values; that the City should not encourage residential investment in Downtown only to allow noise pollution to drive new residents away; that effective rules and regulations should be established at this time. Eunice Connors, 1111 North Gulf Stream Avenue, #9D (34236). Secretary of the Bayfront Condominium Association, stated that she is a resident of One Watergate, the closest neighbor to the proposed Ritz-Carlton Hotel which will include a 1,000-seat convention center; that developers apprised of an enforceable noise ordinance can build to comply with decibel requirements; that the Police Department should be spared from having to answer complaints regarding excessive noise; that a noise ordinance making violation an increasing cost of doing business should be passed. Lew Aron, 770 South Palm Avenue (34236), Vice President of the Embassy House Association and a Vice President of the Bayfront Condominium Association, stated that he lives across Mound Street from Selby Gardens which occasionally conducts events with entertainment in the evening; that although the melody of the music cannot be heard, the bass sounds are extremely annoying and would make living in the vicinity unbearable if the events occurred every evening; that property values would decrease if potential buyers of properties negatively impacted by noise are, as required by law, informed that a decent night's sleep is impossible; and asked if Mayor Pillot stated yes. Mr. Aron stated that the Commission is requested to enter into the public record the memorandum which indicates the Congress of the United States, through the Noise Control Act of 1972, has established a National Policy to promote an environment for all Americans free from noise that jeopardizes their public health and welfare; that media articles have asserted noise complaints in the City are emanating from a small group of people; however, the size of the group is growing; that New Jersey has a statewide ordinance and the noise regulations in New York City have been made more restrictive; that even a small group of people should not suffer due to the tastes of those who would infringe on other people's privacy. Mr. Aron continued that the Bayfront Condominium Association has never endorsed the prohibition of outdoor music and open-air dining; that a noise ordinance should include decibel levels allowing residents to have peace and quiet in their homes; that business owners wishing to play loud music should be required to construct walls or install baffles; that existing decibel limits should be raised only on the basis of actual testing; that encouraging entrepreneurs to invest in businesses without specific, acceptable parameters is not fair; that offending businesses could be required to install automatic monitoring equipment; that temporary suspension of a business license may be appropriate if noise problems are not resolved by fines. Dr. Robert Nerthling, 11 Sunset Drive, #102 (34236), stated that the right to liberty and the pursuit of happiness is an inalienable right; that included in that right is the privilege of being accorded quiet hours of peace for rest and sleep; that music after 11 p.m. becomes offensive and intrusive noise. Kafi Benz, Box 1669, Tallevast (34270), stated that she is one of the Directors of the Indian Beach/Sapphire Shores Neighborhood Association which sponsors two events per year featuring outdoor amplified music whose bass sounds are carefully monitored; that research indicates high-frequency noise dissolves quickly; however, I low-frequency sounds persist in the environment as the sounds go through the ground and are amplified rather than diminished with distance; that elephants use low-frequency sounds to communicate across miles; that some people are adversely affected to the extent that the sounds alter their heartbeat and interfere with the correct functioning of the natural rhythms of the human body; that no taxpayer should be required to endure such disturbances; that a noise ordinance regulating sounds generated in both high and low frequencies should be passed. Gary Drouin, 958 32nd Street (34234), President of Save Downtown Outdoor Music, stated that on October 16, 1996, a letter requesting a dialogue between the Commission and representatives of Save BOOK 42 Page 15700 12/08/97 7:00 P.M. BOOK 42 Page 15701 12/08/97 7:00 P.M. Gary Drouin, 958 32nd Street (34234), President of Save Downtown Outdoor Music, stated that on October 16, 1996, a letter requesting a dialogue between the Commission and representatives of Save Downtown Outdoor Music went unanswered; that at the October 21, 1996, regular Commission meeting, a petition with over 6,000 signatures was submitted; that the Commission was requested to use as a model the noise ordinance developed by the City of St. Petersburg, Florida, limiting sound levels at 70 dBA measured at the source of the complaint or the receiving zone; that in the months following the October 1996 regular Commission meeting, he conducted an independent field survey of Downtown music and noise; that with the help of the organization's attorney, Regina Turbridge, he requested and met with then Mayor Cardamone and Vice Mayor Pillot to discuss the matter after no interaction had occurred between the Commission and Save Our Downtown Music. Mr. Drouin continued that on January 28, 1997, representatives of Save Our Downtown Music attended a workshop relating to Downtown music unattended by any City Commissioner; that the City was represented by only the City Attorney's Office and the Police Department; that on May 5, 1997, a protest by Save Our Downtown Music was held at City Hall prior to the regular Commission meeting at which he submitted field tests relating to Downtown music, over 30 letters from citizens and business owners, copies of noise ordinances from St. Petersburg, Tampa, and Orlando, and data taken from Police Department reports for a 15-month period clearly showing a preponderance of complaints from one source and predominately one person, Charles Stender, President of the Dolphin Tower Condominium Association. Mr. Drouin further stated that none of the recommendations made by Save Our Downtown Music were taken seriously; that the petition with 6,000 signatures was ignored; that this matter can only be settled fairly in a court of law as this Commission is not believed able to pass a valid noise ordinance; that all business people negatively impacted by the proposed noise ordinance are urged to invest time and resources into legal action; that any interested parties should contact him for field data, Statewide noise ordinances, case histories, overturned noise ordinances, and police reports verifying the number of complaints from one source. Mr. Drouin stated further that today's editorial in the Sarasota Herald-Tribune advises that club owners featuring outdoor amplified music should seek compromise rather than presenting the posture of legal adversaries; that the Commission has compromised on nothing; that legal action is the only remaining option; that a beautiful plaque displayed in City Hall states "The City with No Limits - Sarasota." Joel Freedman, 1819 Main Street (34236), Chairman of the Greater Sarasota Chamber of Commerce, stated that the Chamber consists of want to be good neighbors but are concerned the proposed ordinances may have an adverse effect on business; that according to Larry Marthaler, Executive Director, Sarasota Convention and Visitors Bureau, tourism contributes $636 million to Sarasota County's economy with food and beverage businesses a significant part of the total. Mr. Freedman continued that many members of the Chamber, in addition to being business people, are also residents of Downtown or live near commercial areas on St. Armands Key, and, along with their neighbors, have the right to the peaceful enjoyment of their homes; that during the past 10 years, the City has invested millions of dollars toward successful revitalization of Downtown; that the same businesses the Commission is now trying to regulate have contributed significantly to that revitalization; that all Downtown and St. Armands Key businesses should be able to function normally during reasonable hours of the day and at reasonable, acceptable sound levels; that a good understanding is lacking of what the term "reasonable" as included in the proposed ordinances is meant to indicate. Mr. Freedman further stated that the Commission has a difficult choice; however, the Chambber is hopeful that compromise can be negotiated to avoid litigation; that the prudence of treating one zone district differently than another should be determined; that hopefully, further research by a task force can present a recommendation to an open-minded Commission; however returning a recommendation after an ordinance has been enacted may be difficult. Kathleen Shaffer, 624 North Owl Drive (34236), and Sam Schackow, 2355 McClellan Parkway (34239), representing the City Coalition of Neighborhood Associations (CCNA). Ms. Shaffer stated that the noise issue was discussed at a recent meeting of the City Coalition of Neighborhood Associations (CCNA) which is interested in maintaining the vitality of neighborhoods but also in maintaining a good business economy; that a compromise should be reached to make the residents happy and help businesses maintain viability. Mr. Schackow stated that although he represents neighborhoods impacted by noise, he also supports the concept of live outdoor music which has added to the vitality of Downtown and should be allowed to continue; that the issue is simple; that the inherent right to peace and quiet is not being accorded to Downtown residents in contrast to the privilege enjoyed by businesses utilizing outdoor venues for the performance of music; that a compromise should be reached to appease both sides; that the privilege of operating a business cannot supersede homeowners' rights; that individuals supporting music should persuade businesses to compromise. BOOK 42 Page 15702 12/08/97 7:00 P.M. BOOK 42 Page 15703 12/08/97 7:00 P.M. rights; that individuals supporting music should persuade businesses to compromise. Greg Mennier, 1447 Georgetown Drive (34232), stated that he does not live in a high-rise or own a restaurant but is a resident of the area; that the legislative overkill involved with the proposed ordinance has been amazing; that the noise regulations will apparently be applied to a great many restaurants in many areas rather than limited to the offenders; that Sarasota is the crown jewel of the southwest coast of Florida; however, the place from which he relocated is also a great place to live; that family and friends visiting from New England and Europe are taken to Downtown to enjoy the music at Bellini's Jazz Bar, the Gator Club, and the Lemon Coast Grill; that many people enjoy walking the streets on weekend evenings in safety and comfort. Mr. Mennier continued that good businesses should not be made to suffer and be replaced by bad business; that activities in Downtown could deteriorate to prostitution or crack dealing; that although the prediction may appear extreme, Downtown was derelict 10 years ago; that the area was revitalized with substantial investment of private and public funds; that the City should decide if the money will be returned to investors who paid a great deal to make Downtown a great place if conditions are allowed to deteriorate again; that a certain financial and social responsibility exists; that a City which encourages revitalization should respect the fact that new business development logically results in an increase in the noise level. Mr. Mennier further stated that although music can be noise, rhetoric can also be noise; that a lack of compromise appears to exist; that he came from a beautiful, small city in Massachusetts; that in 1986 and 1987, a similar situation evolved when some well-meaning, close-minded citizens encouraged the restriction on the hours of operation and noise levels in the Downtown entertainment district which has since evolved into a war zone; that the population dropped from 55,000 to 35,000 in three years; that the Commission's attempt to regulate noise is deja vu for him; that Downtown is a great place; that the voice of reason is requested. George Palermo, 343 West Royal Flamingo (34236), stated that he is an architect, has lived in Sarasota County for 28 years, and is currently a City resident; that he recently lived for one year on St. Armands Key, the inclusion of which in the proposed ordinance is a concern; that he was a participant in the St. Armands Task Team on Noise and enjoyed the tour during which members spent several evenings walking around to determine the effect of noise on the neighborhood and came to realize the effect of atmospheric conditions, clouds, and wind direction on actual perception of sound levels. Mr. Palermo continued that over $20,000 in sound abatement measures has been installed at Cha Cha Coconuts, one of a number of steps taken by his clients to abate noise; that the proposed ordinance is technically unsound except to prohibit human activities; that the consultant retained by the City has no personal knowledge of the unique character of St. Armands Circle; that the City Attorney's decision to use a New Jersey ordinance as a model for Sarasota is rather frightening; that the proposed ordinance would have been violated last Friday evening in St. Armands Circle by a raucous, loud, thumping sound created by a carousel; that the Commission is requested to consider the quality of the life of his four-year old child and provide an exemption for carousels; that the proposed ordinance could be used to enforce violations against carousels, laughing children, taped Christmas music, the bird at Animal Crackers, and the piano at Charlie's Crab; that passage. of the proposed ordinance appears to be analogous to shooting first and asking questions later; that inherent risks exist in trying to refine an ordinance after adoption. Mr. Palermo further stated that a great deal more input especially pertaining to octave band sound pressure levels is required; that the equipment required to take measurements in the octave band center frequencies is not a few hundred dollars but several thousand; that any attempt to define and recodify every possible sound is difficult and subjective; that the Commission is urged to request additional input and to negotiate a compromise. Commissioner Cardamone asked the effects of the baffling installed at Cha Cha Coconuts? Mr. Palermo stated that the baffling, which should be completed later this week, is intended to seal off the skylights, the doorways and the ceiling construction to contain both high and low-frequency sounds. Commissioner Patterson stated that decibel levels at Charlie's Crab were measured at 61, 62, and 63 on an A-weighted scale; that carousels featured in special events are exempt from the noise regulations. Mayor Pillot sated that a letter from the Police Department specifically states that Charlie's Crab is generating no noise problems. Dr. Keith Stockwell, 117 North Washington Drive (34236), stated that proposed Ordinance No. 97-4019 is expected to resolve many existing problems on St. Armands Key; that although the proposed ordinance addresses most noise problems in the C-CBD, CT, and CBN Zone Districts in an equitable manner, St. Armands Key and Newtown are not protected by the distance regulation prohibiting amplified music in structures less than 250 feet from residences in Downtown; that noise regulations should be applied uniformly in all three BOOK 42 Page 15704 12/08/97 7:00 P.M. * d BOOK 42 Page 15705 12/08/97 7:00 P.M. areas; that the Commission is requested to include the 250-foot distance requirement for St. Armands Key and Newtown. Bruce Cook, 1286 40th Street (34274), stated that community radio station, WMNF 88.5, at which he is a volunteer, hosted a series of benefit concerts at the Lemon Coast Grill; that he drove around the Palm Avenue area while the music was playing, stopped the car, walked around, and was never able to hear any music from the Lemon Coast Grill; that nothing discernible was heard until within one block of the Lemon Coast Grill; that the Lemon Coast Grill which has tried to comply with the existing ordinance is being given a bad deal. Alberto Mastromano, 7302 Eleanor Circle (34243), stated that he is the general manager of Nicks Italian Restaurant on the Water and agrees with Mr. Mennier; that a great deal of money was spent to improve the Quay and Downtown and the investment has been successful; that sound should be measured at both the receiving zone and the source of the sound to determine an appropriate decibel level. Bruce Glasbert, 3947 Liberty Avenue (34231), stated that a balance should be struck between the interests of the residents and the community at large wishing to enjoy the nightlife; that he makes a living playing music and has played at many of the clubs against which complaints have been lodged; that the first public speaker indicated the condominium residents provide a huge tax base for the City; that all people's interests should be represented in a democracy; that a good balance between conflicting interests has always been reached at Commission meetings; however, the existing noise ordinance is one of the strictest in the country; that money should not be the overruling factor in a democracy; that compromise and openness should be pursued rather than one-sided support of condominium owners. Troy Syprett, 5117 Sandy Cove Avenue (34242), stated that he grew up in Sarasota, owns restaurants in the City and the County, and is a member of the Florida Restaurant Association; that the proposed noise ordinance is supposed to protect both residents and businesses; that Downtown and St. Armands Circle are thriving areas in which a great deal of money has been invested by the City; that the weather, outdoor environment, and open-air dining establishments attract people to Sarasota; that a balance should be struck between the needs of the businesses and residents; that many property owners have addressed the tax base generated by residential property; that the development of new condominiums is due to the thriving nature of Downtown. Mr. Syprett continued that many large cities are experiencing taxpayer flight to the suburbs due to deteriorating and crime-ridden downtowns; that an ordinance which will not drive businesses or residents away is required; that the decibel level and the point of measurement are the primary factors; that the City must determine whether an ordinance is subjective or objective and if a decibel meter should be used or if noise disturbances should be evaluated by the judgment of individuals. John Saputo, 928 Boulevard of the Arts (34230), President of Gold Coast Eagle Distributing, LTD., stated that common sense, personal responsibility, and responsible business practices should prevail; that a quality of life issue exists; that he is a member of the Florida Restaurant Association and recently made a large investment in the purchase of the Anheuser/Busch beer distributorship based on the thriving nature of the community; that he represents 600 retailers and 100 employees; that approximately 1.3 million tourists attracted to the outdoor ambiance visit the area every year. Mr. Saputo continued that businesses have been owned in North Carolina, New York, and Michigan; that perception is reality; that regulations adopted by local governments in other areas have given an ominous perception to entrepreneurs, people not afraid to invest money and take dangerous risks; that the result is bland establishments and a loss of diversity, ethnic flavor, and excitement. Mr. Saputo further stated that he has rented a residence on the Boulevard of the Arts for the past seven months and finds the ambiance charming and delightful; that the current lack of noise problems can be attributed to responsible businessmen; that two police officers walked into Nick's Italian Restaurant on the Water one evening; that some couples from Europe were somewhat frightened and taken aback; that the perception that the City is policed more than necessary should be avoided. Mr. Saputo stated further that an article in Sarasota Magazine praised the Commission, the 600 restaurants in the County, and the merchants who in turn praised the Commission; that condominium residents who enjoy the local lifestyle have indicated a desire to work with the establishments; that restaurateurs are hard-working people who sometimes have to wait and bus tables, cook the food, and scrub the bathrooms and do not have time to worry about rules and regulations; that some extremely frightened restaurateurs have come forward this evening; that a task force organized by the Florida Restaurant Association should be provided 60 or 90 days to develop recommendations; that a mechanism should be developed to specifically address offending businesses rather than legislation pervasively encompassing all restaurants. Benjamin Smith, 216 Pass Key Road (34242, owner of Tequila Grill on Siesta Key, representing the Florida Restaurant Association, stated that the position of his fellow restaurant owners is supported; that representatives of the condominium residents presented facts BOOK 42 Page 15706 12/08/97 7:00 P.M. BOOK 42 Page 15707 12/08/97 7:00 P.M. relating to the tax base; that the following market statistics relate to the hospitality industry which: 1. Employs 7.1 percent of the people in the State of Florida; 2. Generates $30 billion in revenue; 3. Employs approximately 10,500 people in 795 restaurants in Sarasota County; 4. Generated over $21 million in sales tax revenue in Sarasota County in 1996; and 5. Employs approximately 2,500 people in 200 restaurants within the City limits, 25 percent of which feature open-air dining. Mr. Smith stated that since 1992, sales tax revenues have risen by $5 million from $16 million to $21 million with the increase of open-air dining, outside amplified music, and sidewalk cafes; that the hospitality industry has a financial card in the game and is important to members of the public who depend on the industry for employment as well as entertainment; that restricting businesses in a manner which affects their revenue is to assert the City does not need the $5 million in extra tax revenues; that the proposed restrictions will affect not only the pockets of the hospitality industry but the City's pockets; that the loss of jobs will burden the taxpayers in the City and County governments; that employees of the hospitality industry are voters as much as the condominium residents. Mr. Smith continued that economic issues and not just the use of outdoor space, sidewalks, or sound levels are part of the equation; that the Commission is making a financial decision regarding the livelihood of over 2,500 people in the City and 200 restaurant owners and must determine whether the success of the restaurateurs should be restricted by those who would see them fail or if the businesses should be allowed to flourish. John Monetti, 411 St. Armands Circle, General Manager, Columbia Restaurant, stated that certain residents living near the Columbia Restaurant have openly stated that the management has failed to adequately address the noise problems; that the management of the Columbia Restaurant has taken the issue seriously and voluntarily made an earnest effort to arrive at a mutually agreeable solution; that although the interests of the specific residents may not have been satisfied, the result has not been for lack of effort. Mr. Monetti continued that in late February 1997, the Columbia Restaurant began closing the sliding doors in front by 10:30 p.m. even though customers arriving after 9 p.m. cannot be seated at the most popular front tables as the rail on the sliding-glass doors blocks the exit; that the band was instructed to reduce the volume of the bass; that the management became actively involved in the St. Armands Task Team on Noise, diligently attended each meeting, and toured the neighborhood to determine noise levels acceptable to reasonable people and within the limits of which the restaurant could operate; that the Columbia Restaurant established self- regulation with an A-weighted decibel meter. Mr. Monetti further stated that the restaurant voluntarily telephoned residents to solicit comments regarding problems experienced during the weekend; that mufflers were installed under the speakers of each band to deaden bass sounds; that a disc jockey utilized since October 1996 was terminated when discovered to be playing the bass at louder volumes than the band; that the back door is kept closed at all times; that at least nightly, the management of the Columbia Restaurant walked to the front of the homes of the two residents voicing concerns to ensure that nothing could be heard; that the Columbia Restaurant voluntarily complied with the hours of operation existing in the Downtown ordinance requiring closure at 10 p.m. on weekdays and 12 p.m. on weekends; that the doors are actually closed at 11 p.m. on weekends; that bands were directed to lower the overall volume with particular focus on Sunday nights; that the practice of leaving one front entry door constantly open has been discontinued. Mr. Monetti stated further that regardless of the opinion of the particular households, the management of the Columbia Restaurant has made a concerted effort to address the perceived problem; that practices have been changed in numerous ways and the volume reduced to a level which makes the music impossible to hear outside the homes of the two residents who consistently filed complaintsi, that the management of the Columbia Restaurant has waited until no automobiles are passing by or wind is blowing and still cannot hear any music emanating from the establishment while standing directly in front of the residents' homes; that from February through mid- summer 1997, the restaurant experienced numerous complaints; however, zero citations have been received in the last three or four months. Bart Kofoed, 6907 Riveredge Street Circle (34202), Owner of Nicks on the Water at the Quay, stated that he is a retired professional athlete who has traveled across the country playing in many major markets; that he fell in love with the ambiance of the open-air dining and restaurants in Sarasota and decided to buy Nick's Italian Restaurant on the Water; that five minutes is not much time to speak when millions of dollars have been invested in restaurants which increases the tax base in the community and provide additional millions in leases to property owners; that 50 to 70 employees are employed by Nick's; that five minutes is insufficient time to defend the position of the hospitality industry. Mr. Kofoed continued that when playing basketball, he knew the competition was Michael Jordan and Magic Johnson; that when the restaurant was purchased, he was unaware that the competition would not be Michael Klauber or Casey Gonzmart but instead an ordinance BOOK 42 Page 15708 12/08/97 7:00 P.M. BOOK 42 Page 15709 12/08/97 7:00 P.M. directly prohibiting the ability to make an income and keep people employed; that the issue is serious; that 50 to 70 people are earning a family income at Nick's; that noise ordinances and restrictions on open-air dining are affecting not only entrepreneurs but families; that far more people will be negatively affected by the proposed restrictions on businesses than the number affected by noise problems. Mr. Kofoed further stated that the City should consider a 45- to 60-day review of the noise ordinance; that the necessary experts and information required to make an educated decision do not appear available; that a few people have written and are trying to enact an ordinance without ensuring the restaurateurs and their employees will not be penalized. Joseph Terrone, 9030 Midnight Pass Road (34242), Owner of the China Palace, President-Elect: of the Florida Restaurant Association, Chapter 1, stated that the Florida Restaurant Association has formed a Restaurant Task Force Committee and presented recommendations; that restaurateurs are extremely concerned regarding co-existence in the community; that people who will be most affected by the lessening of trade and the loss of jobs are people in the lower- to middle-income and minimum-wage categories; that the hospitality industry is extremely concerned regarding the negative impact on the work force; that the Florida Restaurant Association proposes the following recommendations as fair and reasonable: Each zone district should be analyzed separately and further regulation relative to specific issues established if necessary. The decibel levels should be limited to a minimum of 75 dBA. - A certified measuring device should be used. - Decibel readings should be taken to measure amplified noise only. Either no time restrictions should be imposed on hours of operations or acceptable alternatives such as what exists currently on Friday and Saturday should be established. All noise levels should be monitored at the source of the complaint or receiving zone. Mr. Terrone stated that his fellow colleagues have undertaken impressive efforts to be cooperative and coexist with residents; that the Restaurant Task Force Committee would like to participate in a 45- to 60-day review by a task force including business owners and residents; that he served on several negotiating teams at General Motors and understands the difficulty of compromise; however, quality of life can only come from a realistic belief that each party can exert some control and influence over the surrounding environment; that the proposed ordinance will negatively affect everyone; that a lessening of trade will impact the entire City; that the Commission is requested to consider the needs of the hospitality industry. Martin Rappaport, 1241 Tree Bay Lane (34242), Executive Director and Treasurer, Commercial Landowners Association of St. Armands Circle, stated that St. Armands Circle was designated as the CT Zone District and separated from all other commercial zoning classifications; that the nature and value of the area in attracting tourists from all over the world warranted such a separation; that unnecessary restrictions would seriously impact the future viability of St. Armands Circle. Mr. Rappaport continued that in December 1994, the Commission was presented with the controversial issue of the St. Armands parking lot on Fillmore Drive; that all obstacles were overcome and a win/win situation presented to the City through the combined efforts of the Commercial Landowners Association of St. Armands, the St. Armands Merchants Association, and the St. Armands Residents Association; that at the current- time, the three associations are meeting with the Administration on a unified plan under which all noise issues affecting St. Armands Key will be resolved by the St. Armands Task Team on Noise. Mr. Rappaport further stated that St. Armands Circle is a specially designated area differing from all other commercial zones and impacting only those residents on St. Armands Key; that the Commission is requested to allow the Task Team to address this matter separate from the regulations relating to other commercial zones; that the Task Team will negotiate and implement fair and equitable treatment to all elements on St. Armands Key; that the issues can be resolved by the three associations which have successfully worked together in the past. Gina Dello, speaking for Susan Palau, 2875 Sequoia Lane (34237). representing Cha Cha Coconuts, stated that she has lived here since 1979 when few activities for younger people were available; that Downtown and St. Armands Circle have become thriving areas; that she holds two jobs on St. Armands Circle; that the proposed ordinance would negatively impact the appeal of the establishments at which she works and would result in a reduction in available shift hours and pay; that people have a right to sleep peacefully; however, the sound does not appear disruptive; that the Commission is requested to consider the jeopardy to people losing the roof over their heads and the food on their tables. Michael Klauber, 1212 East Avenue South (34239), Owner, Michaels Restaurant, stated that he has been a resident of Sarasota for almost 30 years and owns a company operating four food and beverage businesses within the City and, in season, employing 400 employees; that many are minimum wage staff living in the less affluent areas of the City; that the efforts of the Commission to create a special BOOK 42 Page 15710 12/08/97 7:00 P.M. BOOK 42 Page 15711 12/08/97 7:00 P.M. ambiance for residents and visitors is congratulated as the City has become more vibrant and exciting. Mr. Klauber continued that the effect of the proposed ordinance on quality of life for residents is a concern; that an attempt is not being made to abdicate responsibility for the hospitality industry; however, everyone needs to work together and compromise; that they were aware of noise problems when Michael's Down Under at the Quay was opened; that $50,000 of the $150,000 invested on the renovation project was expended on sound attenuation; that attracting visitors to Sarasota is important and crucial to the economy; that a focus should be made on where the community should be five and ten years from now; that the future of Sarasota and the legacy left to children and future residents should be considered; that the verly-restrictive nature of the proposed ordinances is of great concern to the hospitality industry; that Sarasota should not be less than it could be. Casey Gonzmart, 2804 West Morrison, Tampa (33529), Owner of the Columbia Restaurant and Cha Cha Coconuts, stated that his family, who started business in the City in 1959, has a tradition of cooperating with residents, many of whom are loyal customers; that his father used to play a violin at the Columbia Restaurant; that although the decibels were not known, the music was quite loud; that in 1976, the Patio Lounge began to feature entertainment and has employed different bands and entertained local people and visitors for many years; that no complaints from residents regarding noise problems were ever received. Mr. Gonzmart continued that in 1997, the Columbia Restaurant was remodeled and an entertainment format established which provided open-air dining and music similar to Cha Cha Coconuts where music ranging from reggae to disco and rock and roll generated little or no comment from residents; that residents began to complain after the renovations at the Columbia Restaurant in February 1997; that the management responded as good neighbors and produced a plan thinking that further incidents could be averted; however, they heard that problems continued; that his manager, John Monetti, has already explained the extent of the management's cooperation in participating in the St. Armands Task Team on Noise organized by Deputy Police Chief Russell Pillifant; that the management of Columbia Restaurant walked the neighborhood with the Task Team and the Police Department. Mr. Gonzmart further stated that only two noise problems exist on St. Armands Circle, both generated by restaurants owned by himself; that he can solve the problems; that money has been invested and an architect hired to develop sound attenuation; that the management of the Columbia Restaurant has voluntarily met with and agreed to the request by Attorney Singer to adopt the same hours of operation existing in Downtown even though not required to do so; that the management proceeded with all the plans implemented by the St. Armands Task Team which madè a statement in August 1997 in front of Deputy Police Chief Russell Pillifant that things were much improved and that the spirit of cooperation of the management of the Columbia Restaurant was appreciated; that the Task Team felt the restaurant was on the right track; that attempts to coexist with residents continued. Mr. Gonzmart stated further that at some point in time, someone changed their tune and began calling in complaints; that the Columbia Restaurant is defending four separate citations received week after week for four consecutive weeks; that the management continued to implement further restrictions to mitigate the problem to the satisfaction of the neighbors; that on the last complaint, the same police officer went to the same complainant's house and refused to write a citation; that each citation against the Columbia Restaurant was issued when the doors were closed and monitored by his management and the music played inside a closed structure; that months have passed since further complaints have been received; that ordinances satisfying the needs of the people of Sarasota would be supported; that the Restaurant Task Force Committee may be able to recommend a satisfactory solution to keep businesses and residents co-exiting as they did for many years in the past. Darren Novosel, 4525 71st West Street, #223, Bradenton (34210) General Manager, Cha Cha Coconuts, stated that he worked on the St. Armands Task Team on Noise; that a great deal of time and money has been expended making changes to resolve noise problems caused by Cha Cha Coconuts; that sound absorbing material has been installed on the walls in the band area; that a skylight has been enclosed; that a wall with soundproofing material was built to block noise going out the back door; that sliding-glass doors were installed so the front doors could be voluntarily closed at reasonable hours; that the position of the band has been changed to reduce the amount of sound escaping into the street; that the management of Cha Cha Coconuts have taken measures as promised and would appreciate follow-through by the City and residents before enacting an ordinance detrimental to business as well as residents and tourists who enjoy the atmosphere; that changing the scope of their business to comply with the proposed ordinance will lead to staff layoffs. Mr. Novosel continued that the Commission is requested to allow noise to be measured at the source of the complaint and to increase to 75 dBA the allowable sound level; that the Commission is requested to pass an ordinance good for all citizens. The Commission recessed at 9:35 p.m. and reconvened at 9:47 p.m. Andrew Vac, 155 South Boulevard of Presidents (34236) representing the Longboat Key Chamber of Commerce, was no longer in the Commission Chambers. BOOK 42 Page 15712 12/08/97 7:00 P.M. BOOK 42 Page 15713 12/08/97 7:00 P.M. Michael Drake, 2727 Riverside Drive (34234), stated that over 6,000 signatures on a petition were presented to the Commission in October 1996; that the Commission should allow City residents to vote on a referendum to determine the parameters of any proposed ordinance; that the condominium associations should be able to raise the votes necessary to.a adopt the ordinance if the people in favor of outdoor music and open-air dining are apathetic; that the people will decide on the ordinance and the pressure on the Commission will be removed. Dan DiRocco, 3351 Ramblewood Drive North (34237), representing Cha Cha Coconuts, was no longer in the Commission Chambers. B.C. Hathaway, 2347 Tangerine Drive (34239), stated that everyone would be arrested if this meeting were held outdoors as the decibel level in the Commission Chambers is well over 70 dBA; that his job at Nick's Italian Restaurant on the Water was taken from him 2 years and 8 months ago; that no one has since. worked the spot on Saturday and Sunday afternoons; that at a previous meeting, the Police Chief reported that 10 citations were issued in response to 200 noise complaints; that although one person generated enough complaints against his music to fill a long computer sheet, he was not cited once, proving that 100 percent of the telephone calls were unnecessary; that the job at Nick's generated $200 per week that has not been made since; that a $14,000 retirement fund is also gone; that the City's previous noise ordinance allowed one person, Philip Dasher, to rob him of his job and over $14,000 in savings. Mr. Hathaway continued that the Commissioners should try to walk in his shoes for almost three years; that the noise ordinance has cost him a great deal of money which will never be made again; that many other people will become unemployed; that his music is low-key and not loud but the job was still lost; that the persecution by one individual of one. entertainer in one restaurant will be repeated as long as the ordinance remains in effect; that the only time he has ever violated a noise ordinance is at the microphone in the Commission Chambers. Kerry Kirschner, 1590 Gulf View Drive (34236), representing himself and the Argus Foundation, stated that the proposed noise ordinance has caused controversy rivaling the T-back bathing suit issue; that many reasonable people on both sides have come forward; that eight hours of sleep every evening is a reasonable expectation; that firm and definitive regulations rather than those developed on the basis of the opinion of a consultant who has indicated results based on subjective and individual preferences could save the taxpayers a great deal of time and legal expenses. Mr. Kirschner continued that existing ordinances are sufficient to resolve the noise problems; that only new ordinances which address the problem properly should be developed; that the Columbia Restaurant owned by the Gonzmart Family and operating since 1959 is the longest continuing restaurant in Sarasota County; that the Gonzmarts have constantly tried to: be good citizens; that the City should not be reduced to the level cited by the speaker from Massachusetts who came from a city in which the Downtown core was abandoned due to overweening government regulations. Mr. Kirschner further stated that the condominium residents would not be complaining except for continued violations generated by one establishment; that the condominium residents live in Downtown to take advantage of the restaurants and entertainment; that a broad stroke is being painted across the entire landscape to enforce the violations generated by one uncooperative business owner; that permit fees have been suggested which would result in the necessity to hire additional City employeesi that the purchase of. new equipment whose measurements may not stand up to a legal challenge would be required. Mr. Kirschner stated further that the proposed noise ordinances should be tabled this evening; that reports in the Sarasota Herald-Tribune regarding proposed new developments in the City could lead to the perception that Sarasota will become another New York City in the next two or three yearsi that open-air dining, not necessarily a noise-related issue, and the hotels and condominiums proposed for development should be considered within the entire scope of the City. Mr. Kirschner stated further that the Commission is requested to table the proposed ordinances and appoint a task force to work with the City Attorney's Office to determine the best way to address offenders; that the noise problems of the City should not become a test case in court; that the Commission believed the proposed ordinances were adequately drafted; however, the number of people coming forward makes obvious the difficulty of the decision; that the speakers are requesting the issue be returned to the public and Staff allowed to develop a mechanism to regulate the true offenders. Jim Syprett, 3401 Flamingo Avenue (34242), stated that he is a practicing attorney in the City where he has resided for 32 years; that he was involved in the development and adoption of a noise ordinance in the County and received an education in complex issues including decibel measurements; that the theory of sound regulation sometimes overwhelms the practicality and the two become confused; that most studies show an ambient noise level in commercial areas of from 65 to 75 dBA; that the allowable decibel level in the proposed ordinance is lower than the level of ambient noise generated by the presence of normal commercial activity; that the proposed ordinance will prohibit an establishment from making as much noise as already exists in the surrounding commercial area. BOOK 42 Page 15714 12/08/97 7:00 P.M. BOOK 42 Page 15715 12/08/97 7:00 P.M. Attorney Syprett continued that Commissioner Merrill made an excellent point by indicating the impact of the regulations regarding low-frequency, beat-thumping sounds requires clarification; that the first issue is the decibel level and the second issue is the location where readings should be taken; that the City Attorney has argued the sound must be measured at or slightly beyond the property line to avoid problems with enforcement; that the inference is that using a measurement taken at the source of the sound will not provide sufficient evidence due to the problem of differentiating the offending noise from existing ambient sounds; that the City Attorney's position makes no sense; that each of the residents has pointed a finger at a specific establishment; that not one, single person who has come before the Commission this evening was unable to identify the specific establishment causing the noise disturbance. Attorney Syprett further stated that a police officer testifying in court will probably require more than his own subjective opinion regarding the source of the offending noise; however, police officers can use two-way radios to confirm whether the noise at the source of complaint is the same as the noise at the source of the sound; that an arrest may require two police officers, one at the complainant's property and one at the property line of the offending business; that noise should be measured at the source of the complaint; that complaints should not be filed regarding unidentifiable noises; that a complaint regarding noise measured at 70 dBA at the receiving zone which cannot be accurately pinpointed to one specific source should not be considered a legitimate complaint. Attorney Syprett stated further that two charts developed by the City's sound consultant show the sound at the source of the complaint will measure 58 dBA if the source of the noise is 500 feet away and measured at 75 dBA; that a noise measured at 75 dBA at the source of the sound will be reduced to 38 dBA at a receiving zone 1,024 feet away; that more practical field tests should be generated to specifically identify offending noises. Jane Carrigan, 101 North Adams Drive (34236), representing the St. Armands Residents Association, stated that the St. Armands Residents Association requests the 250-foot distance requirement relating to the C-CBD Zone District be expanded to the CT and CBN Zone Districts; that the 250 feet requirement will not affect the Columbia Restaurant or Cha Cha Coconuts but will prohibit amplified music at any establishment located 250 feet from a residence. Dan Garrido, 3048 Savage Road (34231), stated that he works for Klein Productions Live Sound Reinforcement, Inc., acted as engineer at the Lemon Coast Grill for benefit shows held to raise funds for community radio station, WMNF 88.5, and works with many local nightclubs and bands; that much of the information presented this evening regarding sound is extremely misguided; that many factors exist beyond the measuring capacity of the decibel meter; that many resonant factors exist in buildings; that plywood, cinderblock, and glass have different properties; that the Commission table has certain properties which when struck with sounds will amplify some frequencies more than others; that the decibel range of the A-weighted scale begins at 500 hertz; however, bass sounds are generated under 500 hertz; that the ambient noise in the Commission Chambers is 70 dBA; that low-frequency, beat-thumping sounds generated under 70 dBA can still be heard through walls which normally obstruct high-pitched noise; that a professional sound expert should be retained by the task force proposed by members of the public and an explanation of the specific activities of sound rather than an opinion that some noises are harmful should be provided. Mr. Garrido continued that ambient noise generated by a crowd increases with the number of people; that many factors cannot be governed by a sound expert; that the owner of the Lemon Coast Grill once asked if anything could be done to lower the noise level; that the music remained in violation of the noise ordinance even after the sound system was shut down; that a six and a half-inch snare drum hit in a conservative way measures 110 dBA at the point of the drumstick hitting the drum. Mr. Garrido further stated that the sound level on the balcony of Dolphin Tower differs from the sound at street level on Palm Avenue; that he is associated with a live band which plays on Wednesday evenings at First United Methodist Church, located between the Lemon Coast Grill and Dolphin Tower; that the band which generates as much if not more noise as Lemon Coast Grill has received no complaints; that sound from the Lemon Coast Grill is amplified towards the Dolphin Tower due to a large wall behind the restaurant; that research used to develop an ordinance should be fairly, realistically, and objectively analyzed. Paul Thorpe, Executive Director and Charles Kuykendall, President of the Downtown Association of Sarasota, 1818 Main Street (34236). Mr. Thorpe stated that the Downtown Association wishes to confirm their position stated one year ago when the discussion regarding noise ordinances began and supports passing proposed Ordinance Nos. 97-4019 and 97-4024 with the following conditions: 1. Outdoor amplified music will be allowed on Friday, Saturday, and legal holidays until 11:59 p.m. and on weeknights until 10 p.m. Mr. Thorpe stated that all Downtown restaurants and nightclubs have agreed to the recommended hours. BOOK 42 Page 15716 12/08/97 7:00 P.M. a BOOK 42 Page 15717 12/08/97 7:00 P.M. 2. The maximum allowable decibel level should be set at 85 dBA in the C-CBD Zone District with the measurement taken at the property line of the source of the sound. Mr. Thorpe stated that tests have indicated the decibel level would be diluted to substantially less than 70 dBA by the time the noise reaches Dolphin Tower. Mr. Thorpe continued that a great deal of further study is required; that the Downtown Association has worked together with different groups such as representatives of St. Armands Circle to develop the ambiance currently existing in Downtown; that many Downtowns throughout the country would appreciate being the subject of an article such as the one recently published in Sarasota Magazine relating the efforts of the Commission and community leaders to make Downtown Sarasota known throughout the country and perhaps the world; that interference with accomplishments resulting from the Vision Plan should not allowed. Mr. Thorpe further stated that one condominium resident stated that real estate values will decrease if music in Downtown is not restricted; that Sarabande, a new luxury condominium, is sold out; that people are buying $500,000 to $1 million condominiums in Downtown; that the Tessera and Marina Harbor are two additional luxury condominiums proposed in Downtown; that new townhouses built on Palm Avenue were sold without advertising before construction began; that any statement made by a speaker before the Commission inferring the real estate market is negatively impacted by noise problems is not true. Mr. Kuykendall stated that the City still does not fully understand whether the allowable sound level of 70 dBA will accomplish what the condominium residents desire; that only a few residents are upset and only a few businesses are uncooperative; that a better way exists to address noise problems than blanketing restrictions over the entire City and limiting growth in Downtown; that the accomplishments in Downtown should not be abandoned; that a thriving if slightly noisier Downtown is contributing to the beauty of Sarasota; that the City should develop a way to address problems directly without restrictions on everyone. Michael Furen, Attorney, 2033 Main Street, Suite 600 (34237), representing the Gonzmart Family and the Columbia Restaurant and Cha Cha Coconuts, stated that many people have spoken in support of the Gonzmart Family; that the Commission is urged to not encompass the C-CBD, CT, and CBN Zone District under one set of regulations; that issues relating to St. Armands Key should be addressed differently than those in Newtown or Downtown; that St. Armands Key is a unique entertainment and retail area purposely developed in the center of a surrounding residential area; that legal and practical factors should be kept in mind when any noise regulation is considered which may affect that unique community asset; that his first request is that St. Armands Circle be deleted from the proposed ordinances. Attorney Furen continued that an August 15, 1997, memorandum from Deputy Police Chief Russell Pillifant, the head of the St. Armands Task Team on Noise, to the City Manager, indicates that Dr. Keith Stockwell and Sid Johnston, members of the Task Team, came before the Commission and requested decibel levels be established not for just Downtown but also St. Armands Key; that the request contradicted the consensus of the Task Team that decibel levels are not needed as the noise problems on St. Armands Key are caused by the low-frequency, beat-thumping sounds rather than the decibel level of the music; that the Gonzmart Family has vigorously attempted to address, believes a solution has been found, and will continue to seek measures to minimize future problems caused by low-frequency, beat-thumping sounds. Attorney Furen further stated that the Commission is attempting to regulate an issue, the subjectivity of which is supported by notes taken by the Task Team on June 8, 1997; that Deborah Marks, Development Review Facilitator, Department of Planning and Development, Beverly Spangler, Supervisor of Code Enforcement, a representative of the St. Armands Merchants Association, six St. Armands Key residents, and several representatives of establishments on St. Armands Circle participated in a walking tour; that sixteen sound measurements at various points on St. Armands Circle were taken; that the Task Team walked around St. Armands Circle and surrounding areas, standing in front of Cha Cha Coconuts and the Patio when the doors to both establishments were open; that decibel readings at Cha Cha Coconuts ranged from 77.1 to 89 dBA and in the high 70s at the property line of the Patio. Attorney Furen stated further that Ms. Spangler found the sound level acceptable in all except one location; that Ms. Marks rated the sound level as acceptable at each location; that all members of the Task Team reached virtually the same conclusions as Staff with the exception of two residents who determined the sound at virtually every location as unacceptable; that an attempt is being made to regulate a subjective issue. Attorney Furen continued that the Commission is requested to allow merchants who have invested hundreds of thousands of dollars in St. Armands Circle to regulate themselves, which they have always done well; that the memorandum by Deputy Police Chief Pillifant regarding the Task Team confirms the results of efforts undertaken by the merchants; that no good reason exists to adopt a regulation which would dramatically and financially impact St. Armands Circle; that the merchants want to work with the City and should not be forced into a proverbial corner by the Commission. Attorney Furen further stated that the Commission is implored not to adopt the regulations regarding octave band sound pressure BOOK 42 Page 15718 12/08/97 7:00 P.M. BOOK 42 Page 15719 12/08/97 7:00 P.M. levels this evening; that adopting the regulations based on the existing testimony would be irresponsible; that the Commission has not been informed as to the impact of enacting such a regulation; that the citizens and the business community are owed the courtesy of knowing how the proposed regulation will impact existing businesses. Steve Guthrie, 622 Central Street (34236), stated that he owns a small art gallery in the Rosemary District and moved to the City 20 years ago at which time the Downtown area was a frightening place; that walking down the street without being panhandled was impossible and conditions in certain sections were extremely unsanitary; that the revitalization of Downtown accomplished by the investment of private and public funds is applauded; that people of vision like Ernest Ritz, owner of the Main Street Depot, and the Venafro Family, owners of the Lemon Coast Grill, are responsible for the renaissance; that walking Downtown after midnight on a Saturday night no longer poses the threat existing 20 years ago. Mr. Guthrie continued that the proposed ordinance is possibly one of the most restrictive ever passed in the country; that the decibel level in the Commission Chambers would be measured at 70 dBA if everyone were completely silent; that the decibel level increases to 78 dBA as soon as someone begins to speak; that the Bayfront Condominium Association is issued a challenge to meet in a non-adversarial way with the Lemon Coast Grill to develop a solution not requiring additional bureaucratic red tape; that a solution should be found without inclusion of government forces. Henry Alberico, 1354 Westway Drive (34236), stated that he is a restaurant employee of Michael's Seafood Grille; that Downtown was old, tired, and undesirable when he moved to the City 15 years ago; that recent efforts have revitalized Downtown as a young, alive, and wonderful place; however, changes have occurred since the existing noise ordinance was enacted; that doors once open are now closed; that businesses are closing; that regulations are changing the City back into an old and undesirable place; that the Commission is requested to keep the City young. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Attorney Taylor stated that the City Attorney's Office recommends passing proposed Ordinance Nos. 97-4019 and 97-4024 on first reading; that each proposed ordinance should be read and voted on separately; that although he recommends passing both proposed ordinances, the Commission is recommended to pass proposed Ordinance No. 97-4024 if existing concerns discourage passage of proposed Ordinance No. 97-4019; that proposed Ordinance No. 97-4024 amends Chapter 20 of the Sarasota City Code which contains the generalized prohibition against unreasonable noise and could be adopted as a stand-alone measure to ensure an enforceable regulation is enacted quickly. city Attorney Taylor continued that proposed Ordinance No. 97-4019, amending the Zoning Code, has been the target of most of the discussion this evening; that the proposed ordinance includes readings across property lines, allowable decibel levels, and limitations on octave band sound pressure levels; that three separate zone districts are encompassed by the regulations in proposed Ordinance No. 97-4019; that any language including reference to one or more of the zone districts could be deleted from the proposed ordinance and further research conducted; that the Commission would not have to pass proposed Ordinance No. 97-4019 this evening as proposed Ordinance No. 97-4024 will provide enforceable noise regulations in the interim period. Mayor Pillot asked what ability the City will have to regulate noise absent the passage of new ordinances? City Attorney Taylor stated that the City Attorney's Office has instructed the Police Department that the judge has enjoined enforcement of any provisions included in Ordinance Nos. 97-3993 or 97-3994; that the City is limited to other regulations to enforce noise violations, i.e., issuance of a citation for disturbing the peace or enforcement of nuisance laws; that an enforceable regulation should be placed on the books while the problems in proposed Ordinance No. 97-4019 are resolved; that proposed Ordinance No. 97-4024 should be passed this evening; that passage of proposed Ordinance No. 97-4019 could be postponed. City Manager Sollenberger stated that he concurs with the City Attorney; that the provision for measuring octave band sound pressure levels was included in proposéd Ordinance No. 97-4019 to address the low-frequency, beat-thumping sounds; that the Commission may consider whether that provision should be passed without field tests as the implications of adopting that provision have not been adequately explained; that questions have also been raised as to whether the same regulations applicable to the C-CBD Zone District should be expanded to the CT and CBN Zone Districts; that the Administration recommends passing proposed Ordinance No. 97-4024, on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4019 by title only. Commissioner Merrill requested clarification of the City Attorney's recommendation. City Attorney Taylor stated that the City Attorney's Office recommends passing proposed Ordinance No. 97-4019; however, based upon issues raised by public input, proposed Ordinance No. 97-4019 could be tabled and returned after further research if the Commission does not agree with the recommendation; that the City BOOK 42 Page 15720 12/08/97 7:00 P.M. BOOK 42 Page 15721 12/08/97 7:00 P.M. should not be left without an ordinance to enforce noise violations; that proposed Ordinance No. 97-4024, the noise ordinance of the City not specific to any zone districts, should be adopted in the interim period. Commissioner Merrill requested clarification of the City Attorney's position regarding the recommended limitations on octave band sound pressure levels. City Attorney Taylor stated that the City is not required to conduct independent studies to support the validity of an ordinance as long as studies have been conducted and documented by another municipality; that the practical impact of the provision appears more relevant than the legality; that the impact of the limitations on octave band sound pressure levels on existing businesses is unknown. Commissioner Merrill requested clarification of the City Manager's recommendation regarding inclusion of all three zone districts under the same regulations. City Manager Sollenberger stated that he supports expanding to the CT and CBN Zone Districts the regulations applicable to the C-CBD Zone District as written in proposed Ordinance No. 97-4019. Commissioner Patterson asked if the octave band sound pressure levels could be deleted from proposed Ordinance No. 97-4019? City Attorney Taylor stated yes. Vice Mayor Dupree asked if approval of proposed Ordinance No. 97-4019 would prohibit formation of a task force to address some of the unresolved issues? City Attorney Taylor stated that proposed Ordinance No. 97-4019 would be returned on January 5, 1998 for a second public hearing if passed this evening; that the ordinance would be adopted in the same form as presented this evening unless substantial changes requiring readvertisement are made. Vice Mayor Dupree asked if passage of proposed Ordinance No. 97-4019 would prohibit formation of a task force comprised of business people and residents to develop alternate ways to resolve noise problems? City Attorney Taylor stated no; however, the task force may produce recommendations resulting in the necessity to amend proposed Ordinance No. 97-4019 at a later date. On motion of Commissioner Merrill and second of Mayor Pillot, it was moved to pass proposed Ordinance No. 97-4019 on first reading including conditions to: 1. Delete references to octave band sound pressure levels; 2. Exempt telephones and fire or burglar alarms as an amplified sound; and 3. Increase the decibel level to 75 dBA. Commissioner Merrill stated that the Commission has apparently reached consensus to delete the limitations on octave band sound pressure levels; that the restrictions may be supported in the future as the low-frequency, beat-thumping sounds are the most objectionable to residents; however, no way currently exists to judge the impact of the proposed regulations; that further research should be developed and a report returned; that telephones should be exempted from the list of amplified instruments to enable people to legally speak on a telephone after 10 p.m. in Downtown on a weekday; that fire and burglar alarms should be exempted as activation may be intentional and justifiable. Commissioner Merrill continued that the regulation regarding decibel levels is the most subjective; that decibel readings should be taken at the source of the sound; that the New Jersey ordinance on which proposed Ordinance No. 97-4019 is modeled restricts decibel levels to 65 dBA at the receiving zone; that sounds measured at 70 dBA at the source of the sound would be diluted to a sound level much lower than 65 dBA at the receiving zone. Commissioner Merrill further stated that the City's existing 70 dBA limit at the source of the sound would probably win an award as the toughest in the country; that allowable decibel levels in St. Petersburg are 70 dBA at the receiving zone; that Tampa allows 85 dBA at the source of the sound; that 75 dBA at the property line of an establishment in Downtown Sarasota does not hurt his ears at all; that most members of the St. Armands Task Team on Noise reported decibel levels of 78 and 80 dBA at the source of the sound as reasonable; that the decibel level of motorcycle engines in front of various bars in Downtown has been measured at 120 dBA; that accepting sounds generated from motorcycles at 120 dBA and prohibiting any amplified music louder than 70 dBA does not work. Commissioner Merrill stated further that he would like to support the restraint of noise; however, the City has gone too far; that Dolphin Tower residents should have the ability to sleep undisturbed with windows closed in the Downtown environment; that expecting a level of quiet enabling sleep with windows open in Downtown is unrealistic; that traffic and people walking on the street would then be considered noise problems; that residents whose condominiums face toward Downtown have the right to sleep undisturbed with the windows closed at night and will be able to do so with a decibel level of 75 dBA; that setting the decibel level at 75 dBA at the source of the sound will continue to provide the BOOK 42 Page 15722 12/08/97 7:00 P.M. 4 * - BOOK 42 Page 15723 12/08/97 7:00 P.M. City with one of the toughest noise ordinances in the country and peace and quiet to condominium residents. Commissioner Patterson requested clarification of the Police Department's policy in enforcing decibel levels. Deputy Police Chief Pillifant came before the Commission and stated that police officers have been instructed to issue citations at 72 dBA or above as the ordinance limits the decibel level to 70 dBA and the decibel meters are correct within a range of two decibels. Commissioner Patterson asked if any citations have been issued at 72 dBA? Deputy Police Chief Pillifant stated that the lowest decibel level for which a citation has been issued has been 77 dBA which would still be considered a violation under an ordinance limiting decibel levels to 75 dBA. Commissioner Patterson stated that the entorcement level would automatically be adjusted higher if the allowable decibel level is changed to 75 dBA; that an analogy can be made to speeding vehicles; that most people feel safe driving eight or nine miles above the speed limit as police officers do not ticket a vehicle traveling 56 miles per hour (mph) in a 55 mph zone; and asked how enforcement would change if the decibel level is raised to 75 dBA? Deputy Police Chief Pillifant stated that enforcement would continue at 77 dBA or above; that experts have warned against equating regulation of decibel readings to speeding laws; that any analogy between the two should be considered invalid. Commissioner Patterson asked why citations have been issued at 77 dBA rather than 71 or 72 dBA? Deputy Police Chief Pillifant stated that a citation would have been issued if complaints regarding noise problems caused by decibels levels of 72 dBA or above were received; that condominium residents have been advised the only citations issued were generated by complaints of noise problems measured at 77 dBA or above as no complaints regarding sound levels measuring below 77 dBA have been received. Commissioner Patterson asked if existing Ordinance No. 97-3994 has been enforced absent a complaint? Deputy Police Chief Pillifant stated that police officers began independently issuing citations for noise violations after passage of Ordinance No. 97-3994 on June 6, 1996; that the Police Department, directed by the City Attorney's Office to stop pro-active enforcement due to court rulings, currently issues citations only after a complaint has been received. Commissioner Patterson asked if an establishment playing at 90 dBA would receive a citation absent a complaint? Deputy Police Chief Pillifant stated that the human ear cannot discern 90 dBA; that violations of allowable decibel levels would be enforced if a trained decibel meter reader was available on location; that Ordinance Nos. 97-3993 and 97-3994, adopted on June 6, 1997, provided the ability to issue citations without a citizen's complaint if a police officer determines sound levels as excessively loud. Commissioner Patterson asked if the same policy would go into effect after passage of proposed Ordinance Nos. 97-4019 and 97-4028? Deputy Police Chief Pillifant stated yes; that the policy in effect since June 6, 1997 will be reinstated and reinforced. city Attorney Taylor stated that the motion included an exemption for fire and burglar alarms in proposed Ordinance No. 97-4019; that references to fire and burglar alarms are contained in proposed Ordinance No. 97-4024 rather than 97-4019. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to amend the motion by directing Staff, in concert with a consultant and members of the public, to investigate and return after 90 days a report on the recommended method of measuring octave band sound pressure levels and any other appropriate method to control low-frequency, beat-thumping sounds. Commissioner Patterson stated that the low-frequency, beat-thumping sounds will remain a problem in Downtown and on St. Armands Key; that a way to responsibly address the problem should be found; that the research relating to the provision in proposed Ordinance No. 97-4019 is inadequate to justify enactment of a regulation. Vice Mayor Dupree stated that one-third of the public speakers requested the Commission allow formation of a task force; that a task force should not be eliminated; that the motion can be approved and the proposed ordinance amended in the future; that continued study and further recommendations from Staff are required; that the motion cannot be supported absent an indication that a task force will be provided the opportunity to conduct further study. Mayor Pillot stated that the amendment only deletes the provision relating to the octave band sound pressure levels. Commissioner Patterson stated that is correct; that the Chamber of Commerce requested the Commission to appoint citizens to a task BOOK 42 Page 15724 12/08/97 7:00 P.M. BOOK 42 Page 15725 12/08/97 7:00 P.M. force; however, the public has the ability to form a task force which focuses on general noise issues rather than limitations on octave band sound pressure levels; that a task force can be independently formed, expect cooperation from Staff, and return recommendations to the Commission; that recommendations regarding more viable mechanisms to amend proposed Ordinance No. 97-4019 will be received with an open mind; that the motion on the table will require further investigation of octave band sound pressure levels to restrict low-frequency, beat-thumping sounds. Vice Mayor Dupree stated that the restaurateurs in St. Armands Circle are experimenting with various materials to muffle bass sounds. Commissioner Patterson stated that an assumption is made that most bands can turn the bass down; that the Mr. Gonzmart has gone to great lengths to make physical improvements to the Columbia Restaurant and Cha Cha Coconuts. Commissioner Cardamone stated that no compelling reason has been presented to justify changing her position in support of the 70 dBA; that Deputy Police Chief Pillifant has explained how the decibel levels are actually enforced at 77 dBA; that she will vote against the motion. Commissioner Merrill stated that businesses must be able to plan to survive at the decibel level set by the City; that investment plans cannot be established on the basis that a band can play at 75 dBA based on the City's reluctance to enforce a sound level at 70 dBA; that businesses would run a tremendous risk of being deluged with fines; that police officers receiving a complaint regarding sound levels over 70 dBA from one resident will be required to enforce the lower decibel limit; that a restaurateur investing a great deal of money to create an ambiance must have confidence that the business is operating in compliance with regulations. Commissioner Merrill continued that an analogy with a driver who may speed today and not tomorrow is invalid; that a business owner must be able to establish policies assuring the legality of the business operation every single day; that a restaurateur must plan the sound level of their entertainment to be at 70 dBA if so legislated regardless of assertions made by the Police Department that complaints for sound levels under 77 dBA are not received. Mayor Pillot asked if fire. and burglar alarms should be included in the list. of exemptions in proposed Ordinance No. 97-4019 under Sec. 8-126.3, Noise, Subsection 3(d)? City Attorney Taylor stated that he. does not think so; that Subsection 3 (d) references statutory exemptions by Sections 316.271 and 327.65, Florida Statues; that the Sarasota City Code, Section 20-5 specifically references fire and burglar alarms. Mayor Pillot asked if any language exists in proposed Ordinance No. 97-4019 preventing the ability of a resident or business owner to intentionally set off an alarm when danger is imminent. Commissioner Merrill stated that the home or business owner would be in violation of proposed Ordinance No. 97-4019 if the sound level of the fire or burglar alarm were greater than the decibel limit allowed in the ordinance after 10 p.m. on a weekday. Commissioner Patterson stated that alarms should not be intentionally set off. Mayor Pillot disagreed; and stated that elaborate systems exist which provide homeowners the means to activate the alarm if a threat is perceived. City Attorney Taylor stated that fire and burglar alarms will be exempted both in proposed Ordinance No. 97-4024 relating to the Sarasota City Code and referenced under exemptions in proposed Ordinance No. 97-4019 relating to the Zoning Code. Commissioner Cardamone asked if proposed Ordinance No. 97-4019 relates to outdoor amplified music rather than music contained within a completely enclosed building. Mark Singer, City Attorney's Office, came before the Commission and stated that proposed Ordinance No. 97-4019 amends the Zoning Code with regulations specific to the C-CBD, CT, and CBN Zone Districts; that the proposed ordinance also includes restrictions on outdoor amplified music and decibel levels; that currently, 70 dBA is the maximum level for the making of any sound in Downtown except for items listed as exemptions; that the decibel level is unrelated to whether the sound is amplified or not amplified, inside or outside; that no sound over 70 dBA is currently allowed in the C-CBD Zone District. Mayor Pillot called for a vote on the motion to amend the main motion by directing Staff, in concert with a consultant and members of the public, to investigate and return after 90 days a report regarding the recommended method of measuring octave band sound pressure levels and any other appropriate method to control low-frequency, beat-thumping sounds. Motion carried (4 to 1): Cardamone, yes; Dupree, no; Merrill, yes; Patterson, yes; Pillot, yes. Mayor Pillot requested the City Auditor and Clerk to proceed with the roll-call vote on the motion to pass proposed Ordinance No. 97-4019 on first reading including conditions to: 1. Delete references to octave band sound pressure levels; BOOK 42 Page 15726 12/08/97 7:00 P.M. BOOK 42 Page 15727 12/08/97 7:00 P.M. 2. Exempt telephones and fire or burglar alarms as an amplified sound; 3. Increase the decibel level to 75 dBA; and 4. Conduct an investigation regarding appropriate methods to regulate low-frequency, beat-thumping or bass sounds in concert with a consultant and members of the public and a return a report after 90 days. Motion carried (3 to 2): Cardamone, no; Dupree, no; Merrill, yes; Patterson, yes; Pillot, yes. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 97-4024 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 97-4024 by title only. Commissioner Cardamone asked if the changes made in proposed Ordinance No. 97-4019 will be included in proposed Ordinance No. 97-4024? City Attorney Taylor stated that applicable changes such as exemptions for fire and burglar alarms and telephones would be included. Commissioner Cardamone stated that residents have expressed concern regarding the ability of the Police Department to enforce a code-related ordinance. City Attorney Taylor stated that any regulation included in the Sarasota City Code can be enforced by the Police or Code Enforcement Departments. Mayor Pillot stated that proposed Ordinance No. 97-4109 will not be enacted by passage on first reading; that a second public hearing will be conducted at the January 5, 1998, regular Commission meeting. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 97-4024 as modified regarding exemptions for telephones and fire and burglar alarms. Mayor Pillot stated that clarification is requested for the language under Sec. 20-5, paragraph (c) which indicates loudspeakers are prohibited between the hours of 10 p.m. and 7 a.m. seven days per week. Attorney Singer stated that for many years, the existing definition of "loudspeaker" in the Sarasota City Code has addressed items such as sound trucks, bullhorns, etc., and does not include radios, phonograph, or tape players; that the regulations regarding loudspeakers are not related to the regulations on amplified sound. Commissioner Cardamone asked the section in proposed Ordinance No. 97-4024 relating to the decibel level? City Attorney Taylor stated that the decibel level is not included in proposed Ordinance No. 97-4024. Vice Mayor Dupree requested clarification of how proposed Ordinance No. 97-4024 relates to proposed Ordinance No. 97-4019. City Attorney Taylor stated that noise problems in the City have traditionally been regulated by provisions in both the Sarasota City Code, addressed by proposed Ordinance No. 97-4024, as well as the Zoning Code, addressed by proposed Ordinance No. 97-4019; that minor revisions will be made to proposed Ordinance No. 97-4024. City Attorney Taylor continued that in May 1997, zone-specific noise regulations were developed as amendments to the Zoning Code due to problems in the C-CBD Zone District; that amendments to the Zoning Code require a public hearing before the PBLP and are more complicated to adopt than ordinances written for inclusion in the Sarasota City Code; that proposed Ordinance No. 97-4019 addresses specific regulations applicable to three zone districts which do not apply to other zone districts in the City. 1 Mayor Pillot requested verification that Sec. 20-5, paragraph (H) relating to powered model vehicles addresses small models such as model airplanes or model automobiles. City Attorney Taylor stated that is correct. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote to pass proposed Ordinance No. 97-4024 on first reading as modified. Motion carried unanimously (5 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes; Cardamone, yes. City Attorney Taylor stated that proposed Ordinance No. 97-4024 does not amend the Zoning Code and does not require two public hearings; that proposed Ordinance No. 97-4024 will return for adoption on second reading under Consent Agenda, Item No. 2. Mayor Pillot stated there is a consensus of the Commission to schedule the second reading of proposed Ordinance No. 97-4024 at the December 15, 1997, regular Commission meeting. Mayor Pillot stated that public input will not be permitted during the second reading of proposed Ordinance No. 97-4024. 3. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 97-4007, AMENDING ARTICLE VI OF THE ZONING CODE PERTAINING TO REGULATIONS FOR BOOK 42 Page 15728 12/08/97 7:00 P.M. a - 8 - BOOK 42 Page 15729 12/08/97 7:00 P.M. SIDEWALK CAFES; AMENDING DESIGN STANDARDS; PROHIBITING SIDEWALK CAFES ON PROPERTY WITHIN A CERTAIN DISTANCE OF RESIDENTIALLY ZONED PROPERTY OR PROPERTY USED FOR RESIDENTIAL PURPOSES IN SPECIFIED ZONES; DEFINING TERMS; : SETTING FORTH APPLICATION REQUIREMENTS FOR PERMITS FOR SIDEWALK CAFES: SETTING FORTH EXCEPTIONS; AMENDING PERFORMANCE STANDARDS; AMENDING STANDARDS FOR THE REVOCATION OF PERMITS FOR SIDEWALK CAFES; SETTING FORTH HOURS OF OPERATION FOR SIDEWALK CAFES; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; ETC. (TITLE ONLY) - POSTPONED TO DECEMBER 17, 1997, SPECIAL COMMISSION MEETING (AGENDA ITEM II) AND 4. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 98-4028, AMENDING ARTICLE VIII, ZONING CODE, TO REVISE THE DISTRICT REGULATIONS APPLICABLE TO OPEN-AIR DINING FACILITIES ON PRIVATE PROPERTY IN CONNECTION WITH RESTAURANTS: PROVIDING THAT THE BUFFER REQUIREMENTS FOR OPEN-AIR DINING FACILITIES PERMISSIBLE BY SPECIAL EXCEPTION ON PROPERTY ABUTTING OR ACROSS AN INVERVENING STREET OR ALLEY FROM RESIDEMMIADbY ZONED PROPERTY SHALL NOT BE SUBJECT TO A VARIANCE PROCEDURE; AMENDING SUCH BUFFER REQUIREMENTS TO CONSIST OF A SOLID WALL WITHOUT WINDOWS; DEFINING TERMS; SETTING FORTH REGULATIONS FOR THE HOURS OF OPERATION OF OPEN-AIR DINING FACILITIES; MAKING FINDINGS AS TO NEED; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) = POSTPONED TO DECEMBER 17, 1997, SPECIAL COMMISSION MEETING (AGENDA ITEM III) #3 (2243) through (2612) On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to extend the deadline of the meeting until midnight. Mayor Pillot stated that only 15 of the 23 people signed up will be able to speak if the meeting is adjourned at midnight even if only three of the five permitted minutes are taken; that the Staff report has not been presented yet. On motion of Commissioner Cardamone, it was moved to amend the motion to extend the deadline until 12:30 a.m. Motion died for lack of a second. Commissioner Cardamone stated that the meeting should be adjourned immediately rather than midnight as the Staff report has not been presented or Commission questions answered. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to postpone to a future meeting the public hearings regarding proposed Ordinance Nos. 97-4007 and 98-4028 rather than extending the deadline to midnight. Sarah Schenk, City Attorney's Office, stated that the Commission is recommended to continue the public hearings of proposed Ordinance Nos. 97-4007 and 98-4028 to a date certain as the public hearings have been extensively advertised. Commissioner Cardamone stated that approximately $2,000 has been expended to advertise the public hearings. Mayor Pillot asked if the public hearings would require readvertising? City Auditor and Clerk Robinson stated that readvertisement is not required if the public hearings are opened and continued to a date certain. Commissioner Patterson stated that the Commission may be able to accept a substantial amount of public input at this time; that people have waited throughout the previous public hearings to speak to proposed Ordinance Nos. 97-4007 and 98-4028; that extending the deadline beyond midnight is not supported as she does not feel well. Mayor Pillot called for a vote on the motion to open and continue the public hearings relating to proposed Ordinance Nos. 97-4007 and 98-4028 to a date certain rather than extend the deadline to midnight and to address, this evening, Agenda Item IV, adoption regarding the second reading of proposed Ordinance No. 98-4035 to correct a scrivener's error. Motion carried (3 to 2): Cardamone, yes; Dupree, no; Merrill, yes; Patterson, no; Pillot, yes. Mayor Pillot stated there is a consensus of the Commission to withdraw the main motion. Mayor Pillot opened the public hearing on proposed Ordinance Nos. 97-4007 and 98-4028. On motion of Commissioner Cardamone and second of Commissioner Merrill, it was moved to continue . the public hearing on proposed Ordinance Nos. 97-4007 and 98-4028 to December 17, 1997, at 6 p.m. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. City Auditor and Clerk Robinson stated that a letter will be sent to each member of the public signed up to speak. 5. ADOPTION RE: SECOND READING OF PROPOSED ORDINANCE NO. 98-4035, AMENDING ORDINANCE NO. 93-3639, WHICH VACATED A PORTION OF BROWNING STREET, sO AS TO CORRECT SCRIVENER' 'S ERRORS IN THE LEGAL DESCRIPTION SET FORTH WITHIN ORDINANCE NO. 98-3639; ETC. (TITLE ONLY) = PASSED ON SECOND READING (AGENDA ITEM NO.) BOOK 42 Page 15730 12/08/97 7:00 P.M. BOOK 42 Page 15731 12/08/97 7:00 P.M. #1 (2615) through (2655) City Auditor and Clerk Robinson read proposed Ordinance No. 98-4035 by title only. On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to pass proposed Ordinance No. 98-4035 on second reading. Mayor Pillot requested the City Auditor and Clerk to proceed with the roll-call vote. Motion carried unanimously (5 to 0) : Pillot, yes; Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes;. 6. ADJOURN (AGENDA ITEM VI) #1 (2656) There being no further business, Mayor Pillot adjourned the special meeting of December 8, 1997, at 11:25 p.m. TlLb GENE PILLOT, MAYOR STA ATTES La L BILLY GROBINSON, CITY AUDITOR AND CLERK a