BOOK 47 Page 19031 01/18/00 6:00 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 18, 2000, AT 6:00 P.M. PRESENT: Mayor Mollie C. Cardamone, Vice Mayor Gene M. Pillot, Commissioners Albert F. Hogle, Carolyn J. Mason and Mary J. Quillin, City Manager David R. Sollenberger, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor ABSENT: None PRESIDING: Mayor Cardamone The meeting was called to order in accordance with Article III, Section 9 (a) of the Charter of the City of Sarasota at 6:01 p.m. City Auditor and Clerk Robinson gave the Invocation Eollowed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE YEAR FOR 1999, DEBORAH A. SYKES, SENIOR LOAN DEVELOPMENT OFFICER, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT #1 (0045) through (0198) City Manager Sollenberger requested that Donald Hadsell, Director of Housing and Community Development, and Deborah Sykes, Senior Loan Development Officer, Department of Housing and Community Development, join him before the Commission. City Manager Sollenberger stated that one of the joys of public service is helping others; that one of the most distinguished honors presented by the City is the Employee of the Year Award, which is presented to the employee who has distinguished themselves through outstanding performance; that the individual being honored with the 1999 Employee of the Year Award is active in the Department of Housing and Community Development and has helped many low-income people achieve the American dream of home ownership. Mr. Hadsell stated that the Commission has recognized fiscal year (F/Y) 1999/2000 as the Year of the Neighborhood; that Ms. Sykes has a major role in assisting the people who comprise the patchwork of the community and has increased the number of people receiving assistance from the City's Dowmpayment Assistance Program from 50 to 170 individuals in FY 1998/99, for a total of 1,009 participants since the inception of the program; that Ms. Sykes is a tireless worker and worked until 8:30 p.m. the day before the Christmas Eve holiday to assure all scheduled home closings could be completed; and read a January 7, 2000, letter from Janice Carlson; a participant in the program, expressing appreciation for Ms. Sykes' efforts in making homeownership possible. Mr. Hadsell stated that many similar complimentary letters and comments concerning Ms. Sykes' efforts have been received which is one reason for her selection as the 1999 Employee of the Year. Mayor Cardamone stated that the letter is an example of the appreciation citizens have for the good efforts of City employees; that the City is great due to employees' efforts; that being named 1999 Employee of the Year from among approximately 750 employees is an honor; presented Ms. Sykes with an engraved Seiko watch, a plaque, and a certificate as the 1999 Employee of the Year in appreciation of her unique performance with the City of Sarasota; and congratulated her for her outstanding efforts. Ms. Sykes stated that the job is enjoyable; that the other employees in the Department are wonderful co-workers; and recognized the following family and work associates present in the audience: Jane Hindall, supervisor; Matthew Sykes, son; Betty and Robert Gibson, mother and father; Charles Sykes, husband; and Natalie Hinger, Clarence Odom, Mary Jackson, Paula Masten, Chris Davis, and Christa Staack, co-workers. 2. PROCLAMATION RE: DR. MARTIN LUTHER KING, JR. DAY, JANUARY 17, 2000, AS A DAY OF SPECIAL IMPORTANCE AND "A DAY ON, NOT A DAY OFF" #1 (0198) through (0340) Commissioner Mason requested that Jetson Grimes join her before the Commission; stated that Mr. Grimes was the coordinator for the Dr. Martin Luther King, Jr., celebration beginning the weekend of January 15, 2000; that a Commission proclamation was read at the breakfast honoring Dr. King; that the proclamation is being read again in honor of Dr. King, in appreciation of Mr. Grimes' efforts with the Dr. Martin Luther King, Jr., Day, Organizing Committee, and for the benefit of the viewing audience; that the celebration exceeded any from prior years and epitomized starting the year in a positive manner and read in its entirety the proclamation proclaiming Dr. Martin Luther King, Jr., Day, January 17, 2000, as a day of special importance to the citizens of the community, as a Day On, Not A Day Off," and urging citizens to begin a year of community service. Mayor Cardamone recognized members, members' parents, and leaders of Boy Scout Troop 103 from the Incarnation Catholic Church present in the audience. BOOK 47 Page 19032 01/18/00 6:00 P.M. BOOK 47 Page 19033 01/18/00 6:00 P.M. The Commission recessed at 6:12 p.m. into a Special meeting of the Community Redevelopment Agency (CRA) and reconvened at 6:20 p.m. 3. CHANGES TO THE ORDERS OF THE DAY - APPROVED #1 (0340) through (0360) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove Consent Agenda No. 1, Item No. III A-7, Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the new Food/Beverage Concession Lease Agreement for Ed Smith Stadium On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (5 to 0): : Hogle, yes; Mason, yes; Pillot, yesi Quillin, yes; Cardamone, yes. 4. APPROVAL RE: MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JANUARY 3, 2000 = APPROVED (AGENDA ITEM I) #1 (0360) through (0370) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone stated that hearing no changes, the minutes of the January 3, 2000, Regular Commission meeting are approved by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, 6, 8, 9, and 10 - APPROVED; ITEM NO. 7 = REMOVED UNDER CHANGES TO THE ORDERS OF THE DAY (AGENDA ITEM III-A) #1 (0370) through (0385) 1. Approval Re: Set for public hearing proposed Ordinance No. 00-4192, regulating the operation of airboats by prohibiting operation except in the Intracoastal Waterway; etc. 2. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Temporary Parking Agreement between the City of Sarasota and Marina Tower for an extension to January 31, 2000 3. Approval Re: Set for public hearing the 1999 Local Law Enforcement Block Grant in the amount of $297,723.00 4. Approval Re: Citizen Participation Plan for use by the Office of Housing and Community Development in preparing the Consolidated Plan including grant applications to HUD for CDBG and HOME 5. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Municipal Services and Pre- Annexation Agreement between the City of Sarasota and James A. Sailing for potable water and sanitary sewer service for properties located at 2163 and 2165 20th Street 6. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Agreement between the City of Sarasota and Data Flow Systems, Inc., for a Radio Telemetry System 8. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Second Amendment to Agreement between the Southwest Florida Water Management District and the City of Sarasota for the Hog Creek Restoration Project (P808) 9. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the First. Amendment to Lease Agreement between the City of Sarasota and Nordvik Corporation for the Sarasota Bay National Estuary Program. 10. Approval Re: Set for public hearing proposed Ordinance No. 00-4201, amending Chapter 24, Personnel, Article II, Pensions, Division 3, Police, of the Code of Ordinances of the City of Sarasota; amending Section 24-68, Membership; etc. On motion of Vice Mayor Pillot and second of Commissioner Mason, it was moved to approve Consent Agenda No. 1, Items 1, 2, 3, 4, 5, 6, 8, 9 and 10. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. 6. CONSENT AGENDA NO. 2: ITEM 1 (RESOLUTION NO. O0R-1241) = POSTPONED (AGENDA ITEM III-B) #1 (0385) through (0405) 1. Postpone Re: Resolution No. O0R-1241, to amend Resolution No. 99R-1189 regarding a previously approved Major Conditional Use (99-CU-08) for a proposed motor vehicle sales agency in the Commercial General (CG) Zone District; said amendment consists of substituting Site Plan Application 00-SP-02 for previously approved Site Plan Application 99-SP-E; said Major Conditional Use is proposed to be located on a parcel of property at the southeast corner of Washington Boulevard and Oak Street, as more particularly described herein; said major conditional use is required to be constructed in accordance with amended Site Plan Application 00-SP-02. BOOK 47 Page 19034 01/18/00 6:00 P.M. BOOK 47 Page 19035 01/18/00 6:00 P.M. On motion of Commissioner Quillin and second of Vice Mayor Pillot, it was moved to postpone consideration of proposed Resolution No. O0R-1241. Motion carried unanimously (5 to 0) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, yes; Cardamone, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson explain the public hearing sign-up process. City Auditor and Clerk Robinson stated that Affected Persons and other interested persons wishing to speak are requested to complete a Request to Speak form; that speakers at the non quasi-judicial public hearings will have 5 minutes to speak; that speakers will be timed and will be advised when 1 minute remains. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. NON QUASI-JUDICIAL PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 00-4180, AMENDING THE ZONING CODE (1998) AS ADOPTED BY REFERENCE BY ORDINANCE NO. 98-4076; AMENDING ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION: DIVISION 2, DEFINITIONS SECTION II-201, DEFINITIONS CREATING A DEFINITION OF M DBC" AMENDING ARTICLE VII, REGULATIONS OF GENERAL APPLICABILITY, DIVISION 10, ENVIRONMENTAL PERFORMANCE STANDARDS, SECTION VII-1002, NOISE, TO ESTABLISH ADDITIONAL MAXIMUM PERMISSIBLE SOUND LEVELS IN THE CT, C-CBD AND CBN ZONING DISTRICTS PROVIDING EXCEPTIONS TO PROHIBITIONS RELATING TO AMPLIFIED SOUND NOT IN A COMPLETELY ENCLOSED STRUCTURE sO AS TO PERMIT REDUCED LEVELS OF SOUND BETWEEN CERTAIN HOURS, SUBJECT TO MAXIMUM DECIBEL SOUND LEVELS; ETC. (TITLE ONLY) - PASSED ON FIRST READING WITH A MODIFICATION OF REDUCING THE MAXIMUM ALLOWABLE 82 DBC TO 80 DBC FROM 7 A.M. TO 11 P.M.i ADMINISTRATION TO REPORT BACK CONCERNING EXTENDING THE PROPOSED LIMITATIONS TO THE CN ZONE DISTRICT (AGENDA ITEM IV-A-1) #1 (0409) through #2 (1460) Mark Singer, Attorney, City Attorney's Office, and John Lewis, Chief of Police, Sarasota Police Department, came before the Commission. Attorney Singer stated that in January 1998, the Commission adopted amendments to the Zoning Code establishing regulations regarding amplified sound not in a completely enclosed structure and maximum decibel (dB) levels using the A-weighted scale (dBA) in the Commercial, Central Business District (C-CBD) Zone District, which encompasses the Downtown, the Commercial, Tourist (CT) Zone District, which encompasses St. Armands Circle and surrounding areas, and the Commercial Business Newtown (CBN) Zone District; that a Blue Ribbon Committee (Committee) was established at the same time to investigate concerns related to low frequency sound and was comprised of an equal number of business representatives and residents from the C-CBD, CT, and the CBN Zone Districts; that the Committee determined the services of a noise expert were required; that the services of Gary Siebein, Principal Consultant, Siebein Associates, Inc., and Professor, School of Architecture, University of Florida, a sound consultant who has performed noise studies for Manatee County, businesses in Ybor City, and Universal Studios, etc., and whose resume is on file with the Office of the City Auditor and Clerk, were engaged; that the Committee held numerous meetings to consider the problems related to noise; that the consultant conducted many sound studies; that the Committee issued Majority and Minority Reports; that on October 18, 1999, the Commission conducted a workshop conçerning the results of the Committee's efforts and directed the City Attorney's Office to prepare an ordinance based upon a two-fold direction by the Commission as follows: 1. Not to consider the current 75 dBA level, which the Committee determined was not a problem but instead to consider an appropriate level to regulate the deep thumping sound the dBA level does satisfactorily regulate but could be regulated using the C-weighted scale (dBC) and 2. To consider if certain exceptions for background music would be permissible contrasted to the current prohibition against outdoor amplified music after a certain hour in the three zone districts. Attorney Singer further stated that at its November 17, 1999, Regular meeting, the Planning Board/Local Planning Agency (PBLP) found Zoning Text Amendment Application No. 00-ZTA-02 incorporated in proposed Ordinance No. 00-4180 consistent with the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, and recommended approval of the 80 dBC limitation incorporated in the Committee's Majority Report; that at the conclusion of the October 18, 1999, Commission workshop, the Commission directed Staff to use the consultant's recommended 82 dBC limitation until 11 p.m. with a reduction thereafter to 75 dBC contrasted with the Committee's recommended limit of 80 dBC and a stipulation the difference between the dBC and dBA levels not be any greater than 5 dB after 11 p.m. BOOK 47 Page 19036 01/18/00 6:00 P.M. BOOK 47 Page 19037 01/18/00 6:00 P.M. Attorney Singer stated that the title of proposed Ordinance No. 00-4180 is written to provide for the establishment of an appropriate limitation to the dBC level and certain exceptions to outdoor amplified music to allow background music; that the Commission has the flexibility to change the 82 dBC limitation and the maximum difference between the dBA and dBC levels incorporated in proposed Ordinance No. 00-4180 if desired; that other changes may be made if consistent with the title of the proposed ordinance; that proposed Ordinance No. 00-4180 as presented establishes a limitation of 82 dBC between 7 a.m. and 11 p.m. and 75 dBC from 11 p.m. to 7 a.m. in the C-CBD, CT, and CBN Zone Districts in conjunction with the existing 75 dBA limitation and a maximum difference of 10 dB between the dBA and the dBC levels. Attorney Singer continued that currently outdoor amplified music must cease at 10 p.m. Sunday through Thursday and 12 midnight Friday and Saturday and the night before a holiday; that the proposed ordinance also provides for easing of the limitation to allow for background music; that the time allowed for outdoor amplified music in the C-CBD, CT, and CBN Zone Districts would be extended from 10 to 11 p.m. on Sunday through Thursday subject to new lower limits to allow background music; that the lower limits for outdoor amplified music would be established at 65 dBA and 70 dBC with a difference no greater than 5 db which would replace the current limitation of no outdoor amplified music; that the limitations would apply to property from which the sound emanates and which is more than 120 feet from residentially zoned property in the CT and CBN Zone Districts; that the 120-foot restriction is consistent with the outdoor dining regulations in the CT and CBN Zone Districts; that outdoor amplified music is prohibited within 250 feet of residentially zoned property in the C-CBD Zone District. Chief Lewis stated that considerable input was received resulting in the development of an ordinance with a limitation of 75 dBA; that the Blue Ribbon Committee is of the opinion the 75 dBA limitation is working well; however, some City residents continue of the opinion the 75 dBA is too high and others of the opinion the 75 dBA is too low; that differences of opinion regarding dBC levels will also probably result; that the Committee members are thanked for time contributed; that proposed Ordinance No. 00-4182 as currently presented or with changes made by the Commission can be enforced; that using the existing sound meters for both dBA and dBC measurements presents a problem as the two levels must be measured separately resulting in a difference in timing; that sound meters capable of simultaneously reading the dBA and dBC levels are available and will be purchased. Mayor Cardamone opened the public hearing. The following people came before the Commission: Steve Stockwell, 117 North Washington Drive (34236), stated that a July 5, 1999, 20/20 television program presented a special feature entitled "Loud Noises Can Assault a Neighborhood"; that loud noises are assaulting Sarasota; that he served on the first Blue Ribbon Committee investigating noise; that the Commission is commended for the regulation of dBA levels, which resulted from the efforts of the first Blue Ribbon Committee; that the amount of thought, time, and effort invested by current Blue Ribbon Committee members is personally understood; that the proposed ordinance regulating the dBC level for bass noise is a concern; that current Committee members spent many hours analyzing data before a decision was reached; however, the recommendations of the Committee's Majority Report are not reflected in the dBC limit incorporated in the proposed ordinance; that at the July 29, 1998, Committee meeting, the consultant was asked the limitations which would cure the majority of problems most people are experiencing and the recommended limitations; that the consultant's initial recommendation reported at the July 29, 1998, Committee meeting was: 5( (b) A provision to limit the difference between the A-weighted sound level and the C-Weighted sound level at the source property line to less than 10 dB with a maximum C-weighted level of 75 dB. This should possibly decrease to 65 dBC after 11 p.m. or 12 midnight Mr. Stockwell stated that the consultant's initial recommendation was supported in the consultant's July 27, 1998, letter to Chief Lewis as follows: 9. If the level is set at 80 dBC, some residents would still experience deep bass thumping sounds inside their homes at levels that could be disturbing, especially late at night as the ambient sound levels decrease. Without regulation, this appears to be the levels where music is played at the present time. 10. If the level is set at 75 dBC, there will still likely be disturbances in some of the more exposed homes, especially those with older construction materials and those with more direct exposure to the sounds emanating from the clubs or where people are particularly sensitive to intruding sounds. Mr. Stockwell stated that in May 1999, the consultant's initial recommendation was changed to 82 dBC as incorporated in the proposed ordinance; that the change was not based on measurements taken by the consultant but rather upon later testing performed by the Police Department and the number of complaints received; BOOK 47 Page 19038 01/18/00 6:00 P.M. BOOK 47 Page 19039 01/18/00 6:00 P.M. that the consultant's testing appears to have been disregarded; that prior to moving to Sarasota, personal responsibility existed for the academic achievement and educational ability testing of up to 300,000 students in a large urban area; that over 12,000 teachers and 2,000 administrators relied on decisions made in his office; that the results often appeared in major publications such as Time and Newsweek magazines; that personal familiarity exists with measurement reliability and validity; that prior to any change to the original recommendation based on the consultant's testing, the same or comparable instruments should have been used to collect data at a later date so results could be reliably and validly compared; that the data should have been collected in the same manner; that many commissions and committees have been personally chaired; that involving consultants was often necessary prior to reaching a decision; that consultants made reports to the committees which evaluated the reports prior to making a final decision; that many factors must be evaluated before reaching a final decision; that the consultant's recommendation is only one factor; that a committee would not be necessary if the consultant's recommendation were the sole factor; that the Committee performed as directed, considered all factors and submitted two reports: a Minority Report and a Majority Report; that the Committee's Majority Report included a compromise which was a willingness to raise the dBC level from the originally recommended 75 to 80 dBC, a level which will reduce, but not eliminate, the intrusive bass sound in exposed residences; that six of ten Committee members and the entire PBLP support the recommendation; that not accepting the recommendation of the Committee's Majority Report and the PBLP is unconscionable and will offer a legacy to future committees which will minimize the importance of all future majority committee recommendations; that limiting bass noise to 80 dBC and 75 dBC after 11 p.m. as recommended by the Committee's Majority Report and the PBLP is encouraged; that the recommended levels are in the best interests of most City residents. Mary Ciner, 7102 Point of Rocks Circle (34242), stated that amending the proposed ordinance in the future to include the Commercial Neighborhood (CN) Zone District between US 41 and Osprey Avenue to include Hillview, Hyde Park, and Arlington Streets is desired. Vice Mayor Pillot stated that the Administration could report back to the Commission at an appropriate time. Mayor Cardamone stated that hearing the Commission's agreement, the Administration is requested to report back concerning extending the proposed limitations to the CN Zone District. Carole Krohn, Board Member, St. Armands Residents Association. 132 North Washington Drive (34236), stated that the Blue Ribbon Committee is commended for the long hours devoted to the noise issue; that the majority settled for the 80 dBC level; that a compromise on both sides occurred; that the PBLP voted unanimously to endorse the Committee's Majority Report; that taxpaying residents of neighborhoods requesting a reasonable solution to excessive noise levels is not unreasonable; that the Commission is requested to endorse and vote for the limitations incorporated in the Committee's Majority Report. John Manetti, General Manager, Columbia Restaurant, St. Armands Circle, 2707 Avenue C, Holmes Beach (34217), stated that personal active involvement with the Committee has occurred; that the Columbia Restaurant has offered patrons live music for approximately 20 years without any known overriding noise complaints; that subsequent to problems which arose at other clubs three years ago, complaints were received against the Columbia, Restaurant; that no substantially different activities were occurring at the Columbia Restaurant at that time; however, some remodeling had taken place including the removal of a ten- foot section of cinder block and replacement with glass; that the anticipation was for no substantial difference in the emanation of noise from the restaurant; that volume was lowered, bands were changed, the amount of music was cut back, noise meters were purchased, and police assistance to assure compliance was requested; that the most recent noise level study was performed during late October 1998 through November 1999 with equipment which will also be used in the future; that during the study, 117 random tests were performed, some with music and some without; that the noise level was found in violation of the proposed ordinance 42 percent of the time during which no music was being played; that the proposed ordinance is overly restrictive; that the statement has been made great compromises have taken place; that the dBC level is not currently restricted; that any compromise being made is by the business community. Joyce Minzer, President of the Bayfront Condominium Association. 101 South Gulfstream Avenue (34236), stated that the City has been working on the noise issue for four years; that the Committee was created with ten members, five from affected neighborhoods and five from affected business areas; that the composition of the Committee was divisive from the beginning; that the Committee and consultant conducted many studies and tests; that in July 1998, the Committee recommended adopting a 75 dBC limitation; that at the July 29, 1998, Committee meeting, a business member asked if 80 dBC would be a good compromise; and quoted Mr. Siebein as follows: It depends on which side of the table you are sitting on. If you are on the restaurant owners' side, of the table, it is good. If you are some of the residents, especially in the older homes and more exposed areas, probably not. This BOOK 47 Page 19040 01/18/00 6:00 P.M. BOOK 47 Page 19041 01/18/00 6:00 P.M. becomes more of political or social-type of question rather than a technical, acoustics one. Ms. Minzer stated that at the same meeting, a resident member asked the amount of compromise represented by establishing a limitation of 78 dBC, recognizing a violation would probably not be found unless the level was 80 dBC or above; and quoted Mr. Siebein as follows: I think that is possibly reasonable. That seems to be fairly close to the way they are playing their music now. So it is not a big operational change for them. It will be an improvement over the situation that led to the formation of your committee; however, there will be a couple of those places, especially when they have their windows open, they are going to be sensitive to those levels. Ms. Minzer stated that in a good faith effort to reach a unanimous vote, the 75 dBC limit became a 78 dBC limit and finally a 80 dBC limit in January 1999; that the majority, i.e., six of ten Committee members, accepted the 80 dBC limit; that an increase of 3 dB doubles the loudness of a sound; that changing the original 75 dBC to 80 dBC doubles the loudness and almost doubles the loudness a second time; that the Police Department requires an additional 2 dB for clear enforcement; that the noise level limit is effectively 82 dBC with an established 80 dBC limit; that the PBLP recommended approving the limitations in the Committee's Majority Report; that the expansion, the new construction, and the mixed use occurring in the City is wonderful; that the first development at locations such as the Mission Harbor site and the Ritz-Carlton Hotel project will be residences which are most affected by noise rather than theaters, businesses, etc.; that politics and social issues should be removed from noise discussions; that the Commission is urged to accept the Committee's compromise Majority Report. Sue Powell, Bayfront Condominium (Bayfront) Association representative on the Blue Ribbon Committee since early 1998, 33 South Gulfstream (34236), stated that the intention was to impress upon the Committee the Bayfront residents' love for Downtown; that Bayfront residents moved to the City not only for the beautiful bay view but also for love of the Downtown with the theaters, dining, entertainment, and safety; that the Bayfront residents' objections began at the time windows began vibrating due to the noise and residents were unable to escape the late night invasion of inordinately loud music; that traffic, motorcycles, parades, and merriment by people enjoying the wonderful City is expected Downtown; however, the invasion by unnecessary late night noise is considered unfair; that the Committee met weekly and many evenings; that all Committee members were conscientious and open; that in the beginning, most members were uneducated concerning the method by which sound travels and dBA and dBC levels; that Committee members strove to understand the reason certain areas are affected more than others; that the majority of meetings were devoted to understanding the effects on residences and businesses; that after two years, the majority voted on standards fair to all concerned; that in July 1998, the consultant informed the Committee a level above 80 dBC would not stop the invasive bass problem; that the Committee voted to retain the 75 dBA limit with an 80 dBC limit; that the Committee is disappointed in the new recommendation of 82 dBC which will not remedy the problem; that the Commission is requested to review again the Committee's studies and consider the recommendation of the Committee's Majority Report. Robert Einsweiler, Secretary, Bayfront Condominium Association 11 Sunset Drive, #807 (34236), stated that prior personal experience as a consultant to a major metropolitan airport commission concerning mitigation of noise in homes exists; that noise and noise measurement is a familiar subject; that the higher level floors at Marina Suites, the 888, and the 988 Boulevard of the Arts buildings have a much greater noise problem as only water separates the buildings and the benefit of the normal attenuation on land is not received; that the revised higher dBC limit is particularly troublesome for waterfront properties; that the Ritz-Carlton Hotel project is not anticipated as a concern; that dealings with representatives of the Ritz-Carlton Hotel have been positive, which is not anticipated to change; however, Phase II of the project involves the condominiums which will be on the property line facing the Sunset Drive residences and which may result in a noise problem; that any policy concerning noise is important to the Bayfront Condominium residents; that support of the Committee's Majority Report is encouraged. Nancy Cook, Member of the St. Armands Residents Association. 444 North Washington Drive (34236), stated that in 1997 the first use of the City's ordinance concerning sidewalk cafes was tried; that the ordinance did not identify rights-of-way, the amount of openness requirements, time and noise regulations, etc.; that much work and compromising was necessary by residents and businesses which resulted in a satisfactory set of ordinances concerning sidewalk cafes and open spaces with which the residents of St. Armands Key are living very happily; that the tourists are also enjoying the ambiance on St. Armands Circle; that the restaurants are thriving; that no apparent problems exist regarding sidewalk cafes; that regulation of the booming bass noise was removed from the previous ordinance; that the Committee was appointed adding two more years of discussion; that the Committee did an excellent job; that the consultant possessed the necessary technology to reach a good decision; that many compromises were made by the Committee which was comprised of BOOK 47 Page 19042 01/18/00 6:00 P.M. BOOK 47 Page 19043 01/18/00 6:00 P.M. representatives of all areas of concern; that the Commission is encouraged to accept the last compromise as incorporated in the Committee's Majority Report. Casey Gonzmart, 411 St. Armands Circle (34236), stated that the Gonzmart family has operated businesses at 411 and 417 St. Armands Circle since 1959; that being a part of the Committee was a good experience; that the Committee worked very hard; that the consultant educated the Committee during dozens of meetings; that the businesspeople understand and accept the necessity for a noise restriction; that all the pertinent reports should be reviewed; that extensive research and surveys were requested by the Police Department; that a businessperson's being at odds with neighbors is foolish; that the consultant's study and recommendation should be reviewed; that the noise limitations recommended by the consultant protects the neighborhood and businesses; that the consultant and the Police Department have the necessary knowledge, expertise, and information to bring a recommendation to the Commission; that adopting a proper ordinance is important and crucial; that violating the terms of the proposed ordinance will be a punishable offense; that the recommendation of the consultant and the Police Department should not be challenged; that the Commission is encouraged to adopt the proposed ordinance as written. Sid Johnston representing the St. Armands Residents Association. and Member of the Blue Ribbon Committee, 335 North Washington (34236), stated that the consultant and the Committee performed as directed; that moving forward with adoption of the proposed ordinance is required; that the graphic descriptions of predictions of Downtown becoming a ghost town upon passage of the ordinance establishing the 75 dBA level did not occur; that the proposed ordinance provides protection for neighborhood residents. Michael Furen, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, representing the Gonzmart Family, 2033 Main Street (34237), stated that the Gonzmart Family is being reasonable in addressing neighborhood concerns; that demonstrating the concern is the remodeling of the Cha Cha Cocoanuts interior and temporary cessation of band music at the Columbia Restaurant patio until the issue of the bass sound was addressed; that Mr. Gonzmart is willing to accept the standards recommended by the consultant on a trial basis; that the Gonzmart Family is concerned about the impact the proposed ordinance will have on the historically established businesses on St. Armands Key; that much discussion has been raised regarding residential neighborhoods; that the CT Zone District in which the Gonzmart businesses are located is recognized by the City's Comprehensive Plan as a tourist Mecca generating significant revenue for the City; that the CT Zone District is to serve the non-residential needs of tourists by providing a variety of goods and services and is a major commercial asset of the City; that the Commission appears to be proceeding in the direction of not accepting the recommendation of the consultant, who provided a revised recommendation in his May 4, 1999, report; that the Committee reached a consensus the ordinance should be designed to protect most of the residents and businesses in the City from the disturbing effects of deep bass amplified sounds; that the ordinance should not be designed to protect every resident from every intruding sound; that the ordinance should not allow businesses to operate amplified sound systems at sounds levels and times to create significant disturbances for residents; and quoted from a May 4, 1999, letter from Mr. Siebein to Chief Lewis as follows: 7. A maximum (C-weighted level) - (A-weighted level) difference of 10 db should be enacted as a means to quantitatively identify and limit deep bass thumping music. 8. The second component of our recommendation is to restrict the absolute level of the low frequency sound. This is accomplished by placing a limit on the C- weighted level itself in addition to the current level of 75 dBA. Many existing business establishments operate sound level systems at 80-83 dBC at their property line as measured by our firm last spring and by City police officers last fall. These levels have not presented significant disturbances to residents as evidenced by the small number of complaints during the trial ordinance periods. 9. The maximum sound level that should be used in the ordinance is a fine line to draw. It appears from the trial period and the recent operating practices of music establishments that a C-weighted level of 82dbc would be a reasonable compromise that would protect most residents from significant sound disturbances and would allow businesses to operate their sound systems at reasonable sound levels. Attorney Furen stated that the Commission's rejection of the consultant's recommendation would be viewed as arbitrary, unreasonable, capricious, discriminatory, unnecessary and improper by imposing an inordinate burden on businesses and is inconsistent with the City's Comprehensive Plan designating the area as a major tourist attraction and which is not fair or equitable; that the issue of the bass sound was addressed by the Commission at the January 6, 1998, Special Commission meeting at which the ordinance concerning sidewalk cafes was adopted; that the Commission indicated at that time the hours of operation for sidewalk cafes would be reconsidered; that a motion was made to refer the concept of extending hours of operation for sidewalk BOOK 47 Page 19044 01/18/00 6:00 P.M. BOOK 47 Page 19045 01/18/00 6:00 P.M. cafes to the PBLP for a recommendation; that nothing further has been heard concerning the referral to the PBLP; that the Gonzmart Family has operated responsibly in the community for many years and has indicated a willingness to try the reasonable recommendations of the professional consultant on an interim basis; however, the Gonzmart Family is not willing to sit by and allow ad hoc decisions without scientific support destroy their businesses. Paul Thorpe, Executive Director, and Pat Richmond, President, The Downtown Association of Sarasota, Inc. (Downtown Association) and Dick Lobo, Downtown property and business owner and President- Elect of the Downtown Association, 1818 Main Street (34236). Mr. . Thorpe stated that the proposed ordinance as presented with the recommendations of the consultant and the Police Department should be adopted; that moving forward with adopting the proposed ordinance is encouraged so businesses can continue operation. Mr. Lobo stated that heavy personal investment has been made in Downtown property realizing the Downtown is undergoing a re-birth; that businesses have a great future Downtown; that a survey of Downtown businesses indicated a need for a more lively Downtown; that an ordinance which is too heavy-handed will kill the Downtown. Mr. Thorpe stated that officials of Schenectady, New York, visited Sarasota due to its reputation as a great cityi that following the consultant's recommendation will continue to keep the City alive and well; that officials of West Palm Beach, Florida, visited Sarasota to observe the reason for the Downtown's growth; that supporting the consultant's recommendations is encouraged. Ned Vivinetto, 930 Boulevard of the Arts (34236), stated that his townhouse is directly across from the Sarasota Quay (Quay) at Marina Suites; that the noise is totally unacceptable and is a disturbance in the middle of the night; that going back to sleep is difficult; that putting the townhouse up for sale is being considered; and read for the record a January 18, 2000, petition signed by 18 Marina Suites residents as follows: The Marina Suites Residents would like to bring to your attention the following: 1. Noise problems in the basin that have existed for over 10 years have never been resolved. 2. Proper enforcement has never taken (sic) or initialized. 3. Prior noise experts have indicated that the basin should be in a separate noise sensitive area with lower decibel readings. 4. We are opposed to any increase of decibel readings in the basin, particularly since we are being penalized by a measurement taken other than the property line of the Sarasota Quay. Myra Dasher, 926 Boulevard of the Arts (34230), stated that she has lived in a townhouse across from the Quay for 11 years, long before the present restaurants and discos opened; that the City's efforts to work out noise ordinances are appreciated; however, ordinances and consultants have existed with no enforcement; that the County solved problems at Siesta Key in a few weeks; that the City should inquire as to the County's quick resolution of the problem; that the Committee has done a wonderful job; that the Quay is the major problem as one or two of the businesses open doors at night and blast music; that the noise problem would end if the doors were kept closed; and asked if representatives from the 888 or 988 Boulevard of the Arts or the Marina Suites condominiums were on the Committee? Commissioner Quillin stated that no representatives from the 888 or 988 Boulevard of the Arts or Marina Suites were on the Committee; that two representatives from the Bayfront Condominium Association were on the Committee. Ned Parsekian, 460 North Washington Drive (34236), stated that politics should be returned to the proceedings; that democracy is politics which serves as a mechanism for citizens to express opinions and have the majority rule; that the Committee and the PBLP were appointed by the Commission and recommended adopting the residents' generous compromise of 80 dBC; that $23,000 was expended for a consultant who recommended 82 dBC, the basis of which is unknown; and quoted from the July 29, 1998, Committee meeting as follows: Chief Lewis: So what you recommended based on all the studies that you have conducted here, all the conversations and discussions you had with the Committee, you feel that the equitable, fair kind of recommendation would be to keep the 75 dBC which everyone on the Committee has consistently supported but on the C-weighted scale you would have a maximum of 75 as a maximum . .? Mr. Seibein: Yes. Mr. Parsekian quoted Paragraphs 9 and 10 from the July 27, 1999, letter from Mr. Siebein to Chief Lewis (cited previously) i and stated that the residents have been very generous in compromising from 75 to 78 to 80 dBC; that indicating the 82 dBC level must be accepted despite the unanimous opinion of the PBLP and the Committee's Majority Report which was approved by a six-to-four BOOK 47 Page 19046 01/18/00 6:00 P.M. BOOK 47 Page 19047 01/18/00 6:00 P.M. vote is not understood; that many residents on St. Armands Key must live with considerable noise and are willing to endure a reasonable amount of noise; that the residents have not been complaining due to promises the noise problem would be solved by the hard-working Committee, the PBLP, and ultimately the Commission; that politics should be placed in the proper perspective, i.e., giving the people a voice. Kathryn Cover, 115 North Boulevard of the Arts (34236), stated that the amount of time and money spent on the proposed ordinance is ridiculous; that the thumping sound has been reduced enormously but has not gone away and is still heard on occasion; that any thumping sound is too much and not desired; that spending Sunday nights at someone else's home or taking medication to sleep has been necessaryi that her patio can no longer be used; that peace and quiet is requested; that tourists will not leave if the thumping sound is eliminated; that complaining has been given up hoping the problem will be resolved; that three weeks ago the police were called on a Sunday night at 11 p.m.; that the door of the Columbia Restaurant was open; that a band playing loudly was personally observed; nevertheless, a police dispatcher called at 11:33 p.m. and reported the police indicated no music was heard; that the police should be consistently monitoring the noise. Philip Dasher, 926 Boulevard of the Arts (34236), stated that the noise problem is ten years old; that some Commissioners have witnessed noise levels in his personal residence; that Chief Lewis has made a career of attempting personal discredit; that police reports regarding noise are ridiculous; that the time of the call but not the time of the response is recorded; that noise, level readings have been taken by the police from his personal residence which is 510 feet from the Down Under Restaurant; that the noise levels would be 19 decibels higher at the source; that ordinances have been passed twice allowing the noise measurement at the property line of the Quay which is 85 feet in the water; that noise measurements are taken from the resident side of the basin which results in a 5 dB penalty; that on April 8, 1996, representatives of the Marina Suites and the 888 and 988 Condominiums appeared before the Commission with three problems : 1) noise at the Quay, 2) boat noise, and 3) crime; that the Commission directed the Police Chief to provide short- and long- term solutions; that the only result observed is a memorandum from then-Police Captain, now Commissioner Hogle, with some suggestions, none of which have been enacted; that at the August 4, 1997, Regular Commission meeting regarding Ordinance No. 97- 3994, a civil engineer and sound expert hired by the City as a consultant indicated in a preliminary report the Quay basin should be a separate noise sensitive area with separate noise limitations; that the basin is 230 feet across; that the consultant indicated different sound levels çould be applied to noise sensitive areas and maximum sound levels could be based on unique circumstances; that the basin has unique circumstances; that then-Mayor, now Vice Mayor Pillot indicated support for establishing regulations specific to different parts of the City; that the water at the Quay creates a circumstance different from other portions of the City; that the Downtown is different from St. Armands; that criteria should be established based on specific circumstances and applied Citywide; that then Commissioner, now Mayor Cardamone indicated the Zoning Code amendment process should be initiated with regulations specific to the Downtown, St. Armands Key, and the Sarasota Quay, i.e., the areas in which noise has been identified as a problem; that a consensus of the Commission should be reached before the Administration proceeds to make Ordinance No. 97-3994 applicable Citywide; that the Commission referred the issue to the Administration for a report back on noise sensitive areas as soon as possible; that no personal knowledge exists of the report back to the Commission; that the only ordinance adopted reducing sound levels was to require all doors and windows be closed which was declared unconstitutional, that the Commission voted unanimously to have the ruling appealed; that the appeal has not been instituted; that in any experiment, the validity of results increase as more factors are controlled; that the level of noise penetration in the residences across from the Quay has not been determined; that the level of 70 or 80 dBC is arbitrary and does not work; that the residences are penetrated by sound which continues and continues; that on January 26, 1998, Ordinance 98- 4028 regarding outdoor dining in the C-CBD Zone District was adopted specifying the hours for outdoor dining, which in the case of the Quay is outdoor drinking; that the ordinance has never been enforced even after repeated calls; that last weekend screaming and yelling occurred on the Quay patios until 2 and 3 a.m.i that the City has expended * approximately $80,000 to $100,000 in the past for consultants; that the amount expended for consultants by this time is unknown; that the Columbia Restaurant, for example, has existed over 30 years without outside music and is not going broke; that not being able to solve the noise problem in such a length of time is preposterous; that a separate zone for noise sensitive areas is required; that enforcement is required; that the Police Chief forwarded a report in October 1998 indicating 21 calls were received regarding noise; that a police officer responded only nine times with a meter. Rick Liberi, 1810 Morrill Street (34236), stated that loud music is personally enjoyed; that a vibrant residential Downtown as well as a vibrant business community is required; that the polarization between the Downtown Association and the businesses and the residents is distressing; that a certain lack of civility exists; that solving the noise problem should not be so difficult. BOOK 47 Page 19048 01/18/00 6:00 P.M. BOOK 47 Page 19049 01/18/00 6:00 P.M. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Auditor and Clerk Robinson read proposed Ordinance No. 00-4180 by title only. Vice Mayor Pillot asked the effective difference between 80 and 82 dBC? Gary Siebein, Principal Consultant, Siebein Associates, Inc., came before the Commission and stated that a 2 dBC difference is relatively small; that a slight difference would exist but not a clear change in loudness. Vice Mayor Pillot asked if a difference can be discerned 75 to 100 feet away from a sound source at 80 or 82 dBC? Mr. Siebein stated that many people would detect a slight difference between the sound levels. Vice Mayor Pillot asked the effect of the 82 dBC level in the Quay basin area and if a separate ordinance for the basin area is suggested? Mr. Siebein stated that the levels in the proposed ordinance, especially with a decrease at 11 p.m. to 75 dBC, would be worthwhile to try as a substantial decrease relative to the existing conditions is represented, particularly in the night hours, i.e., the time most complaints about the music are made; that the clubs at the Quay are elevated relative to the water; that the open water is very sound reflective from the Quay area to extremely large glass areas on the tacades of the buildings directly facing the Quay; that the portion of the building with the least resistance to sound is directed toward the main source of sound; that sound is heard very clearly over water for great distances due to reflections; that the large glass windows offer very little inherent resistance to the transmission of sound. Vice Mayor Pillot asked the sound level at a residence across the basin if a reading of 82 dBC is properly taken at the source of the music at the Quay? Mr. Siebein stated that sound levels were not measured at the Quay or in the residences across from the Quay; that sounds from the club were likely at magnitudes in the low to mid 80 dBC except for short periods when doors were open; that the Clubs were very fastidious concerning keeping doors closed. Vice Mayor Pillot stated that the proposed ordinance establishes an 82 dBC limitation; and asked if 82 dBC is supported? Mr. Siebein stated yes; that the final report containing the drafted proposed ordinance is the final recommendation as a result of personal research, trial periods, research conducted by the Police Department, and listening to accounts of residents and business owners. Commissioner Quillin stated that the Downtown area, St. Armands Circle, and the Quay all have different characteristics of structure and distance to residences; and asked if the Quay area, for example, should be reconsidered as a noise sensitive area? Mr. Siebein stated yes; that another area for consideration is the Newtown area which has very unique constraints. Commissioner Quillin stated that each area has different demographics and structures causing noise to react differently. Mr. Siebein stated that is correct. Commissioner Quillin quoted from the reasons for the consultant's revised recommendations included in a May 4, 1999, letter from Mr. Siebein to Chief Lewis as follows: 9. level of 82 dBC would be a reasonable compromise. 12. If the level is set at 85 dBC or higher, much of the low frequency sounds that were heard by residents that led to the formation of the Blue Ribbon Committee a year ago would still be present in the community. In other words, these sounds would not be reduced from the levels that existed in the past. 13. Ideally, the sound level should be decreased to 78 to 80 dBC late at night although we realize the inherent enforcement difficulties as the ordinance becomes more complex might prevent this from being effectively realized. Commissioner Quillin asked if the new noise ordinance provisions are linked to the Zoning Code (1998) for new buildings? Mr. Siebein stated yes. Commissioner Quillin stated that the difference between 82 and 85 dBC is only 3 dBC; that understanding the difference between 82 and 85 is difficult. Mr. Siebein stated that three recommendations in the proposed ordinance are worthwhile to consider: 1. Two dBC levels: one for daytime hours when more ambient noise and activities - police reports indicate noise BOOK 47 Page 19050 01/18/00 6:00 P.M. BOOK 47 Page 19051 01/18/00 6:00 P.M. complaints during daytime hours concern barking dogs and sounds not related to music; 2. A lower level for night hours at which time ambient noise begins to decrease offering substantial protection for residents and providing almost a 10 dBC reduction - a 10 dBC reduction is heard by most people as less than half as loud which is a substantial decrease during the late night hours at the time of most resident concern; 3. A difference between dBC and dBA of no more than 10 dB unregulated bass noise creates a difference between dBC and dBA of 13 to 20 dB creating the thumping sound which travels through building walls, glass, etc.; the bass sounds are reduced to being more similar to ambient noise at a difference of 10 dB at a difference of 10 dB; an automobile on the street creates a difference between dBC and dBA of approximately 8 to 10 dB; often the dBC level is within the ambient sound level; the goal is to have the music at a level which is masked or becomes more similar to ambient city noises rather than the thumping sound. Mr. Siebein stated that the three recommendations are important and are useful from a resident's perspective. Commissioner Quillin stated that the key is the difference of 10 dB. Mr. Siebein stated that is correct. Commissioner Quillin stated that the maximum level goes down to 75 dBC at 11 p.m.i that older residences may still receive noise intrusion at 75 dBC. Mr. Siebein stated that a few particularly exposed residences near the Lemon Coast successor may have noise disturbances. Commissioner Quillin asked if the C-CBD, CT, and CBN Zone Districts should be considered as noise sensitive areas? Mr. Siebein stated that such consideration would be a good idea; that the Newtown area is worthwhile to consider as a noise sensitive area. Commissioner Hogle ask if the noise meters approved for purchase under a separate Agenda item will be easy for police officers to operate? Mr. Siebein stated that prior to the October 18, 1999, Commission workshop, a police officer was instructed in the use of the approved noise meter in five minutes; that the dBC and dBA levels are immediately digitally displayed upon pushing a button. Commissioner Hogle stated that the speed limit is 15 miles per hour (mph) in some school zones; that tickets are not written at 16 mph; and asked the practical level at which a ticket is issued for a noise violation? Mr. Siebein stated that the Police Department could better address the question. Commissioner Mason stated that an open door to a restaurant with music playing was recently observed while sitting on the patio of a restaurant at the Quay; that the noise was very disturbing; that the residents' concerns are understood; that commercial uses back up to the residential area in Newtown, in which noise is also an issue; that considering noise sensitive areas is supported; that closing the doors of the businesses seems simple. Commissioner Quillin asked the status of the appeal of the ruling declaring the requirement for businesses to close windows and doors unconstitutional? Attorney Singer stated that the County judge's ruling was appealed to the Circuit Court which overturned the ruling; that the business owner has appealed the Circuit Court's ruling; that the matter is now pending before the Second District Court of Appeals (2nd DCA) ; that the Circuit Court has ruled the ordinance requiring closed windows and doors is valid as written. Mayor Cardamone asked the area of the City from which the lawsuit was initiated? Attorney Singer stated the lawsuit was initiated by a Newtown business owner. Commissioner Quillin asked if the ordinance can be enforced while under appeal? Attorney Singer stated yes. Commissioner Quillin asked if police officers can request businesses at the Quay close all doors and windows? Attorney Singer stated yes, if amplified music is being played; that the 250-foot-area restriction prohibiting outdoor amplified music came from the area of the Quay basin which is 250 feet across and is used as the common denominator throughout the C-CBD Zone District; that the restriction is 250 feet from the Palm Avenue condominiums just as the restriction is 250 feet from Marina Suites; that the Quay basin is quite large; that 250 feet represents the narrowest portion of the Quay; however, the entire Quay is impacted; that measuring from Marina Suites to the farthest business location would be 500 to 750 feet and would result in a restriction against amplified music Downtown if BOOK 47 Page 19052 01/18/00 6:00 P.M. BOOK 47 Page 19053 01/18/00 6:00 P.M. applied to the rest of the C-CBD Zone District; that the Quay has received extensive consideration in the recommendations. Vice Mayor Pillot asked if the requirement to close doors can be enforced at establishments with amplified music based on the Circuit Court's ruling unless the 2nd DCA rules otherwise? Attorney Singer stated yes. Commissioner Hogle stated that tickets are not issued at 16 mph in a school zone; and asked the level at which a ticket would be issued if the noise limitation is 82 dBC? Chief Lewis stated that the Police Department has generally adopted a policy of writing any violation; that the reason for not issuing a ticket in a school zone for 16 mph is a history of many court cases; that a case for a citation for 16 or 17 mph in 15-mph speed zone is generally lost in court; that the type of noise measuring equipment and the ability to demonstrate the accuracy of the equipment should make a difference with the courts; that the digital readout on a noise meter does not represent a judgment factor; that a citation will be issued if a violation exists; that adjustments will be required if the City Attorney's Office advises too many citations are being dismissed by the court. City Manager Sollenberger stated that the- Legislature passed a statute providing for a 5-mph tolerance at the last legislative session; that no fine can be imposed unless the speeding is in excess of 5 mph. Mayor Cardamone stated that during the October 18, 1998, Commission workshop, the indication was of some leeway unless the instruments were perfectly calibrated and a citation would not be issued unless a reading of 84 dBC was obtained. Chief Lewis stated that the City has the ability to determine the entorcement policy; that an enforcement policy of writing a violation at the established limit does not present a problem unless the courts demonstrate otherwise. Mayor Cardamone stated that leeway could be provided by establishing an ordinance at 80 dBC knowing the police officers would issue citations and 81 or 82 dBC. Chief Lewis stated that establishing a policy of issuing citations based on actual readings thus not placing police officers in a position of having to make a decision is preferred. Mayor Cardamone stated that court cases evolved from violators attempting to prove the monitoring equipment is defective. Vice Mayor Pillot stated that the purpose of the ordinance is not to collect money from fines or hurt businesses but rather to cause reasonable sound attenuation; and asked the result if a police officer goes to an establishment due to a complaint and establishes a reading of 83 or 84 dBC, the establishment's representative indicates the noise was unintentional and immediately cooperates, and no further violations occur? Chief Lewis stated that the ordinance's purpose is to gain compliance; that generally the assigned police officers have worked for many years in the areas generating the most complaints and have a knowledge of the history of compliance or non- compliance; that police officers always have discretion in issuing speeding tickets or noise citations; that police officers working in problem areas are constantly in a position to determine the appropriate response. Commissioner Quillin asked if enforcing subsequent violations is a concern if a warning is issued for the first violation? Attorney Singer stated that issuing warnings is acceptable from a law-enforcement policy perspective as the effort is to gain compliance; that requiring the issuance of a warning in an ordinance is not recommended as proof of the justification of the warning would be required in court. Vice Mayor Pillot asked if the comment regarding police officer discretion is supported? Attorney Singer stated yes. Commissioner Quillin stated that the proposed ordinance provides for a limitation of 82 dBC. City Attorney Taylor stated that the limitation is 82 dBC from 7 a.m. to 11 p.m. and drops to 75 dBC from 11 p.m. to 7 a.m.; that the 10 dB differentiation always applies. Commissioner Quillin stated that the critical hour is usually from the dinner hour until bedtime; that people go to bed at different times sO the person who wishes to go to bed at 9:30 or 10:00 p.m. may not be able to get a good night's sleep until 11 p.m.i that a limitation of 80 dBC would provide a greater comfort level. City Attorney Taylor stated that a motion could be made to modify the proposed ordinance to provide a maximum level of 80 dBC from 7 a.m. to 11 p.m. On motion of Commissioner Quillin and second of Commissioner Mason, it was moved to pass proposed Ordinance No. 00-4180 on first reading with the modification of reducing the maximum allowable 82 dBC to 80 dBC from 7 a.m. to 11 p.m. BOOK 47 Page 19054 01/18/00 6:00 P.M. BOOK 47 Page 19055 01/18/00 6:00 P.M. Vice Mayor Pillot stated that the opportunity for the consultant to answer questions is appreciated; that the consultant indicated a difference between 80 and 82 dBC would not be significant to a normal person; that the public speakers generally agreed the Commission should give strong consideration to an advisory committee's recommendation; that one speaker indicated various factors should be weighed including the recommendations of the expert, the advisory committee, the PBLP, the Police Department, and the views of the public speakers; that the reduction to 80 dBC would have been supported if the consultant had indicated more than a small difference; that the original proposed ordinance as recommended by the Administration is supported. Commissioner Quillin stated that the reason for supporting a reduction to the 80 dBC level is all areas are not the same; that different things cause noise reflection; that the bass noise is of most concern; that the dBC restriction concerns the bass noise and is a reflection of the surroundings including buildings, water and air; that the dBC levels can be readjusted at a later date if noise sensitive or similar areas are addressed individually; and referred to the July 27, 1998, letter from Mr. Siebein indicating 85 dBC as the Committee's starting point and the view some residents would still experience deep bass sounds thumping inside the homes at 80 dBC which would be disturbing especially late at night. Commissioner Quillin continued that a limit of 75 dBC late at night is recommended; that the demographics of working people and the elderly in the particular areas must be understood; that some residents like to go to bed at 9:30 or 10:00 p.m.i that nothing is more annoying than the thumping sound; that music can be played without the thumping sounds if the bass is turned down; that the consultant indicated disturbance is likely in some exposed homes at the 75 dBC level; that the 80 dBC limitation is more comfortable; that the level can be adjusted to 82 dBC if necessary; that the limit may be better at 82 dBC at St. Armands Circle, 75 dBC at the Quay, or 80 dBC in Newtown; that more comfort is created with the 80 dBC level based upon the documentation and reports presented. Commissioner Hogle stated that a level of 80 or 82 dBC does not make much difference; however, the Commission will never adjust louder; that a limit of 82 dBC has been supported with the idea the results could be observed for six months and a downward adjustment made if necessary; that many years ago the recommendation was for restaurants at the Quay to install revolving doors; that requiring restaurants at the Quay to install revolving doors should be reconsidered. On motion of Commissioner Mason and second of Vice Mayor Pillot, it was moved to call the question. Motion carried unanimously (5 to 0): Cardamone, yes; Hogle, yes; Mason, yesi Pillot, yes; Quillin, yes. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to pass proposed Ordinance No. 00-4180 on first reading with the modification of reducing the maximum allowable level from 82 to 80 dBC from 7 a.m. to 11 p.m. Motion carried (3 to 2): Cardamone, yes; Hogle, no; Mason, yes; Pillot, no; Quillin, yes. The Commission recessed at 8:20 p.m. and reconvened at 8:30 p.m. 8. CITIZENS' INPUT CONCERNING CITY TOPICS - ADMINISTRATION WILL PROVIDE REPORTS CONCERNING: 1) BARNYARD ANIMALS IN THE CITY AT THE FEBRUARY 7, 2000, REGULAR COMMISSION MEETING AND 2) PLANS FOR AND INVOLVEMENT OF THE SARASOTA COUNTY BICYCLE, / PEDESTRIAN COMMITTEE IN PLANS FOR PEDESTRIAN SAFETY ON OSPREY AVENUE NEAR HILLVIEW STREET #2 (1495) through (2395) The following people came before the Commission: Gregg Horowitz, 1954 Datura Street (34239), stated that updating the sections of the Sarasota City Code (1986 as amended) regarding barnyard animals in the City limits which are dated 1971 is requested; that keeping an unlimited number of chickens, goats, sheep, etc., in a backyard in the City is legal; that a neighbor on Datura Street maintains approximately 12 chicken coops, a coop full of 40 rabbits, etc.; that the neighbor has been issued citations for obnoxious odors emanating from the coops; that the Commission is requested to update the law allowing barnyard animals; that large amounts of funds have been invested in improving the neighborhood; that changing the law to prohibit maintaining barnyard animals on property in the City would be proper; that presently maintaining chickens, chicken coops, rabbits, other barnyard animals, goats, turkeys, etc., is legal as long as no obnoxious odors or fowl noises are created. Mayor Cardamone stated that the issue presented is surprising. Barbara Maynor, 1910 Datura Street (34230), stated that neighbors maintain horses, goats, etc.; that the neighborhood is west of Tamiami Trail near Morton's Market and Sarasota Memorial Hospital (SMH) i and referred to the Sarasota: Our Vision board displayed in the Chambers with the following High Priority: Code Enforcement Evaluation and Direction BOOK 47 Page 19056 01/18/00 6:00 P.M. BOOK 47 Page 19057 01/18/00 6:00 P.M. Ms. Maynor stated that the City's High Priority of code enforcement along with a Goal of healthy neighborhoods is pleasing; that the barnyard animals living in small areas are bringing in many rats and mice; that the health department indicates the animals are not a problem until an individual is bitten; that the City Code should be amended; that currently the police must hear cackling to issue a citation if a complaint regarding a cackling hen is filed; that a citation may not be issued if the police do not hear the cackling; that changing the City Code is requested. Commissioner Quillin asked if the animals are being raised for profit or as pets? Ms. Maynor stated that animals are being sold on a regular basis. Commissioner Quillin stated that commercial retailing of animals in the City is illegal. Ms. Maynor stated that code entorcement has visited the site many times and has not found a problem. John and Mary McGruder, 1937 Datura Street (34239). Mr. McGruder stated that learning neighbors in the City can keep barnyard animals near other residences is shocking; that maintaining barnyard animals in a subdivision on the outskirts of the City in the 1950s was somewhat understandable; however, maintaining barnyard animals in the City in the 21st Century is unreasonable; that the neighborhood is two blocks from SMH; that vermin results from maintaining the barnyard animals; that the health of the neighborhood is affected; that the surrounding economic environment is affected; that an old picture displayed in the Chambers is of COWS on City streets which was outlawed in 1912; that a picture should be taken and displayed in the Chambers of the barnyard animals allowed in the City on Datura Street, which hopefully will no longer be allowed after the year 2000. Ms. McGruder stated that raising the animals is done under the guise of 4-H Club projects, eliciting sympathy from various enforcement entities; that an arbitration meeting was held with the neighbors to discuss the 4-H Club projects; that the neighbors indicated some animals are sold to obtain funds to feed the prize animals; that cooperation has been requested; however, the neighbor is not cooperative; that the problem is fixed for a short time after a citation is issued; that subsequently, the law is pushed to the limit; that consideration of a law to protect the entire neighborhood not just one family is requested. William Benekos, 1873 Datura Street (34239), stated that maintaining 40 to 90 rabbits, 6 or more turkeys, 12 or more chickens is unreasonable; that the smell produced by the animals is unreasonable; that a neighborhood cat was blamed for killing some rabbits in a locked cage; that the cat disappeared shortly thereafter; that maintaining such a large number of animals as pets is difficult to believe; that the situation is very unreasonable. Mayor Cardamone asked the length of time barnyard animals have been maintained on the property? Mr. Benekos stated that barnyard animals have been maintained on the property for at least one and a half years; that at one time, the neighbors kept a donkey on the property. Mr. Horowitz stated that the neighbor - has maintained barnyard animals for approximately 20 years. Mayor Cardamone stated that the Commission's not receiving a complaint during all the years the problem has existed is difficult to believe. City Attorney Taylor stated that the recommendation is to refer the problem to the City Attorney's Office and the Administration for a report back. City Manager Sollenberger stated that a report will be made at the February 7, 2000, Regular Commission meeting. Vice Mayor Pillot stated that living next to such conditions would not be personally desired and asked the time required to draft and put into effect an ordinance prohibiting barnyard animals in the City? City Attorney Taylor stated that developing and adopting an ordinance would take approximately 30 days. Mr. Benekos stated that rabbits can carry a disease which is fatal to humans. Vice Mayor Pillot stated that 4-H Club projects are very commendable; however, such projects should be conducted in an appropriate place. Mayor Cardamone asked if a report is necessary or if an ordinance can be drafted immediately? Commissioner Quillin stated that a report is desired; that a personal friend has one domesticated rabbit; that as a former member of the 4-H Club, 80 rabbits were not raised and 79 killed to maintain the one prize rabbit; that the regulations should be BOOK 47 Page 19058 01/18/00 6:00 P.M. BOOK 47 Page 19059 01/18/00 6:00 P.M. tightened; that 4-H Club projects displayed at fairs generally involve one or two rabbits in a cage; that limitations should be established; that selling animals is not allowed in the City. City Manager Sollenberger stated that a report could be presented and a draft ordinance introduced at the February 7, 2000, Regular Commission meeting. Commissioner Hogle stated that the issue of maintaining barnyard animals in the City was learned approximately two months ago and reterred to the Administration and the Police Department; that the regulations regarding barnyard animals should be amended; that a letter was received from Ms. Maynor the week of January 10, 2000; that Ms. Maynor was requested to come before the Commission. Philip Dasher, Chairman, Sarasota County Bicycle/Pedestrian Committee, 926 Boulevard of the Arts (34230), stated that Agenda Item VI-2 at the January 3, 2000, Regular Commission meeting regarding traffic on Osprey Avenue caused concerns; that correspondence was received from a member of the Sarasota County Bicycle/Pedestrian Committee (Committee) indicating a pedestrian was almost hit due to the poor lighting; that concerns are: angled parking on Osprey Avenue in the crosswalk, no line-of- sight distances, and a crosswalk which ends in a flower bed; that the angled parking is dangerous and should be eliminated; that Hillview Street was designed with angled parking in the middle of the street; that the medians do not have any pedestrian access, requiring pedestrians to jaywalk across the street; that the lowering the speed limit on Osprey Avenue was to increase safety; however, a vehicle travelling 15 miles per hour can still hurt a pedestrian; that Osprey Avenue is unsafe; that the angled parking should be changed; that crosswalks should be eliminated; that the lighting should be improved; that signage is important; that line-of-sight distance and signalization is required; that a Citywide traffic safety program should be developed; that the Committee has offered to assist; however, no response has been received. Mayor Cardamone asked the reason the Committee was not involved in the recommendations concerning Osprey Avenue? City Manager Sollenberger stated that a report will be provided concerning plans for and involvement of the Committee in plans for Osprey Avenue. Mayor Cardamone stated that the ordinance regarding Osprey Avenue traffic will be reviewed in six months; that a major traffic problem exists on Osprey Avenue; that the problem will be resolved. 9. UNFINISHED BUSINESS: APPROVAL RE: SET FOR PUBLIC HEARING PROPOSED ORDINANCE NO. 99-4152, AMENDING THE EXISTING NEWSRACK ORDINANCE; ETC. - APPROVED (AGENDA ITEM VI-1) #2 (2400) through (2924) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Parks, Recreation and Environmental Protection Advisory Board (Parks Board) has concerns regarding proposed Ordinance No. 99-4152; that Staff wishes to assure the Commission is well informed of the concerns. Mayor Cardamone asked if an overview of the proposed ordinance is desired? Commissioner Hogle stated that receiving all information at one time is preferred. Vice Mayor Pillot agreed. Mayor Cardamone asked if the Commission is satisfied with the proposed ordinance as presented? Vice Mayor Pillot stated that the purpose of a public hearing is to hear from the public and make modifications appropriately, that hearing recommendations prior to the actual public hearing abrogates the value of the public hearing at which time citizens on both sides of an issue have an opportunity to speak and listen; that waiting for the public hearing and appropriately making any changes as a result of the public hearing is preferred. Commissioner Mason agreed and stated that waiting for the public hearing prior to discussing the proposed ordinance is preferred. Commissioner Quillin stated that the Commission and public should be able to discuss the proposed ordinance prior to the public hearing to insure mutual understanding. Mayor Cardamone agreed. On motion of Commissioner Hogle and second of Vice Mayor Pillot, it was moved to set proposed Ordinance No. 99-4152 for public hearing. Mayor Cardamone stated that Staff is available to speak to the Commission, if desired. Commissioner Mason stated that waiting until the public hearing is preferred. BOOK 47 Page 19060 01/18/00 6:00 P.M. BOOK 47 Page 19061 01/18/00 6:00 P.M. Vice Mayor Pillot agreed and stated that abrogating the public hearing process is not desired. Commissioner Quillin agreed but stated that reviewing the ordinance and having any questions answered does not any modifications resulting from the public hearing; that discussion stop prior to the public hearing will result in less confusion. Mayor Cardamone stated that the proposed ordinance references participation on a "voluntary basis"; that a definition of "voluntary" is not discerned; that the manner in which the City participates in a voluntary group is not understood; that a discussion of several issues would be appreciated including: the manner of tying down the modular units to withstand hurricanes or storms, the colors of the units, and the number of free-standing racks allowed prior to insisting a voluntary group install a modular unit; that the motion will be supported if the Commission is satisfied concerning the issues presented. Vice, Mayor Pillot stated that proceeding as suggested would be conducting two public hearings; that in the past, the Commission has not desired to receive only one type of input regarding an important issue; that continuing will result in conducting a mini public hearing without the opportunity for any interested parties, including the publishers, to be present; that discussion, comments, and personal votes following a full public hearing is desired. Mayor Cardamone stated that the Vice Mayor's position is respected; however, often a draft of a proposed ordinance is requested prior to advertising the public hearing; that yielding to the will of the Commission is not a concern; that the hope was to review and discuss the proposed ordinance and solve any problems rather than make any required changes between first and second reading. Commissioner Quillin stated that the proposed ordinance addresses the manner of the tie-downs in various places; that reference is made to tying down to meeting hurricane standards, to bolting down, and to chaining; that bringing forward a Clean ordinance is preferred; that a reasonable and prudent person would have questions regarding the proposed ordinance. Mayor Cardamone called for a vote on the motion to set proposed Ordinance No. 99-4152 for public hearing. Motion carried (4 to 1): Hogle, yesi Mason, yes; Pillot, yes; Quillin, yes; Cardamone, no. 10. UNFINISHED BUSINESS: REPORT RE: : TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) ANNUAL REPORT - APPROVED TO RETAIN TCEA INTERIM STANDARDS UNTIL MAY 2001 AND DIRECTED THE ADMINISTRATION TO: 1) PURSUE TRANSPORTATION PROJECTS AND STUDIES OUTLINED IN THE TINDALE- - OLIVER REPORT 2) PURSUE THE RECOMMENDATIONS IN THE TINDALE - OLIVER REPORT AND 3) REPORT IN MAY 2001 AS TO RETENTION, MODIFICATION OR ELIMINATION OF THE INTERIM STANDARDS (AGENDA ITEM VI-2) #2 (2930) through #3 (1331) Dennis Daughters, Director of Engineering/City Engineer, Osama "Sam" Freija, Senior Civil Engineer, Engineering Department, and William Oliver, P.E., Tindale-Oliver & Associates, Inc., came before the Commission. Mr. Daughters stated that the City's Comprehensive Plan, also called the Sarasota City Plan, 1998 Edition, established the Transportation Concurrency Exception Area (TCEA) one year agoi that Staff was to make a report to the Commission regarding the application and effectiveness after one year including a recommendation as to the retention, modification, or elimination of the interim standards; that ultimately the Commission will take action to establish permanent standards; that the purpose of the one-year trial was to measure events during the year as developments were approved and traffic volume increased; that many developments are not yet completed; therefore, substituting permanent standards is premature; that retaining the TCEA interim standards for 16 additional months is recommended; and referred to his January 7, 2000, memorandum to the Commission included in the Agenda materials indicating the total projected net increase in peak hour trips as follows: Net Increase 10 projects approved before the TCEA 873 11 projects approved after the TCEA 565 5 projects pending 568 TOTAL of unoccupied developments 2006 Mr. Daughters continued that of the 10 building projects approved prior to the TCEA, only two are partially occupied; that the total unoccupied developments will result in an additional 2,006 peak hour trips; that several transportation projects were approved by the Commission, many on US 41, many associated with previously approved developments, some outside the limits of the TCEA, i.e., 17th Street from US 41 to US 301 and the US 301 project which will relieve some Downtown traffic; that several transportation studies have been approved; that the Plan of Action is a seven-step task as follows: 1. TCEA Annual Report - completed on January 6, 2000 Mr. Daughters stated that Tindale-Oliver & Associates, Inc. Tindale-Oliver), prepared the Annual Report which is a view of BOOK 47 Page 19062 01/18/00 6:00 P.M. BOOK 47 Page 19063 01/18/00 6:00 P.M. the current status based on most recent available counts and applying approved projects, including projects approved prior to the TCEA; that some approved developments may not be completed for several years; that some projects may not be completed or may be modified; that for example, the existing homes on the rezoned Southby Office property will remain for some time prior to redevelopment; that the Renaissance is only currently developing Phase 1; that Phase 2 will not be underway for some time. 2. Citywide Level-of-Service Database completed before April 30, 2000 Mr. Daughters stated that the services of Tindale-oliver will be retained to develop the level-of-service (LOS) database providing the ability to track all information continuously, produce reports, and conduct "what-if" analyses. 3. Transportation Management Organization (TMO) completed before May 31, 2000 Mr. Daughters stated that Staff has been working with the Downtown Association and the Center for Urban Transportation Research (CUTR) of the University of South Florida; that the Commission authorized the first three tasks of the CUTR work effort in September 1999; that the first three tasks will be at no cost to the City; that CUTR received a grant from the Florida Department of Transportation (FDOT) to fund the initial three tasks; that the first meeting with CUTR and the Downtown Association is scheduled for January 27, 2000; that Tasks 3 and 4 and the Implementation Phases will be based on the results of the initial three tasks; that a recommendation concerning continuation with the development of the TMO will be provided to the Commission; that the Task 1 cost $5,500, the Task 2 cost is estimated at $25,000, the Tasks 3 and 4 and the Implementation Phase costs are estimated between $57,000 and $139,000; that the estimates are the Closest currently available without knowing the results of the studies. 4. Traffic Signal System Upgrade - completed before June 30, 2000 Mr. Daughters stated that Staff has been working with the Sarasota manufacturer to update the existing system as part of Phases 1 of 2; that the computers and software will be improved; that Staff training will be provided; that FDOT has agreed to provide funding for hardware-related items; that Phase 2 will be a fiber-optic system for connecting all controllers within the next five years; that funding for Phase 2 is currently being pursued through the MPO; however, no results occurred as the City was not high on MPO's priority ranking; that Sarasota and Manatee Counties and the Cities of Sarasota and Bradenton have individual systems; that FDOT is examining converting all four systems to fiber optics which will be considered in 2001 by the MPO; that the MPO adds projects to the fifth year of MPO's work program; therefore, a conversion will not occur for approximately, six years; that in the interim, hardware and software will be updated and additional training provided; that the cost to the City will be $110,000; that FDOT's cost is $66,000. 5. Proposed New Strategy for TCEA - completed before August 31, 2000. Mr. Daughters stated that the new Director of the Florida Department of Community Affairs (DCA) has indicated some transportation concurrency regulations may be changed within urbanized areas for infill-type projects and to stimulate economic development; that as a result, some standards may be reduced; that Tindale-Oliver will develop a new TCEA strategy based on information being developed, potential changes in State legislation, and a comparison of various State redevelopment agencies' activities; that a new look at the modified regulations is required; that the estimated fee is $7,000. 6. Downtown Master Plan completed before December 30, 2000 Mr. Daughters stated that the Downtown Sarasota: Master Plan for Tomorrow (May 1986) (CRA Master Plan) is a 20-year vision of the Downtown area relating to building form, land use, public open spaces, etc.i that the CRA Master Plan also addresses pedestrian and vehicular transportation, circulation, mass transit, etc.; that Tindale-Oliver and the public will develop ideas as to the desired future look of the Downtown and subsequently enter the information into a database to determine the LOS on various streets providing Tindale-Oliver information for the CRA Master Plan update; that the estimated fee for the entire CRA Master Plan update is $332,500. 7. FDOT Downtown Study - completed before June 30, 2002 Mr. Daughters stated that $345,000 was originally committed in the MPO/FDOT's work program for intersection improvements at the US 41 and Gulf Stream Avenue intersection; that constructing a third northbound to westbound left-turn lane was not supported; that FDOT agreed not to install the third left-turn lane; that the MPO five-year work program was adopted December 13, 1999, which included a reduction to $329,000 of the line item for intersection improvements in fiscal year (FY) 2004; that an FDOT results-oriented study will take information developed from the CRA Master Plan update using the City's LOS database and information developed separately by FDOT and identifying specific construction projects in which FDOT will participate; that FDOT will provide the work effort and support through the MPO process, BOOK 47 Page 19064 01/18/00 6:00 P.M. BOOK 47 Page 19065 01/18/00 6:00 P.M. thereby establishing specific projects for improvements to increase the capacity in the Downtown. Mr. Daughters continued that $176,500 was approved by the Commission pending approval of the presented report; that the largest amount of the $176,500 is $139,000 for development and implementation of the TMO; that a commitment has been received from FDOT for funding of $40,000; that spending less than the estimates is anticipated; that the cost for all seven tasks is $1,014,000. Mr. Oliver stated that at the time the TCEA was adopted in January 1999, the roadway LOS standards were tied to existing conditions; that the current LOS standard applied to roadways and developments is LOS "D" on all State roads which are major arterials, LOS "E" on State roads which are not major arterials, LOS "C" on all County roads, and LOS "D" on all City-maintained roads; that a more relaxed LOS was to apply if a development occurs within the TCEA boundaries; that the standard applied would be LOS "D" for any road operating at LOS "A, I "B," or "C" in February 1999; that the standard applied would be LOS "E" for any road operating at LOS "D" in February 1999, that the standard applied would be to allow an increase in the daily volume of 15 percent for any road operating at LOS "E" or "F"; that a problem existed in the fall of 1999 at the time the study was conducted as an analysis to determine the LOS and standards had not been performed; that the first objective of the report was to determine the required LOS and standards; and referred to Table 2, Estimated February, 1999, Average Annual Daily Traffic (AADT) and Level of Service, in the Tindale-Oliver report which summarizes the current LOS standards for developments within the TCEA and which is included in the Agenda materials. Mr. Oliver continued that a second issue is to evaluate the extent the adopted standards are now consumed, i.e., the remaining leeway and the time before modifying the TCEA should be considered; that approved unconstructed developments were added to the report; that traffic from developments approved prior to the TCEA was considered to establish LOS standards; that traffic from developments approved after the TCEA is considered to evaluate to the extent to which the new standards have been consumed; that the report indicates the City is in a good position relative to the TCEA standards; that capacity has been reserved for all approved developments; that not all approved developments will necessarily occur; that the historical trend in the Downtown has been an increase of approximately 1 to 1.5 percent annually; that approximately 10 to 15 years of growth can be accommodated if the historical trend continues and assuming a +15 percent buffer; that a few roads will be reduced to approximately 2,000 vehicles of capacity if the approved developments are all completed within the next one to two years; that some breathing room exists for +1 year; that no current developments currently approved exceed the established standards in the TCEA. Mr. Oliver further stated that purpose of the Tindale-Oliver study is to provide an updated report on the status of various improvements identified as part of the Downtown Mobility Initiative which would serve to improve traific circulation and reduce congestion; and referred to the following recommendation included in the Tindale-Oliver report: Adjust the due date of the annual TCEA monitoring report to May to coincide with when the Florida Department of Transportation (FDOT) releases its annual traffic count data to allow Staff time to receive the new data, incorporate the data into a report, assess the information, and provide the information to the Commission in a timely fashion. Mayor Cardamone asked for clarification of the due date? Mr. Daughters stated that the due date is May 2001. Mr. Oliver referred to the following additional recommendations included in the Tindale-Oliver report: Verify the accuracy of traffic count data during the peak season (December through March) as LOS standards are tied to peak season condition; that a similar report was prepared in 1997 comparing traffic count data currently available from FDOT with information available two years ago and noticed fairly significant differences; that remaining with one source is recommended; that the City's intention is to use FDOT counts on the State road system, Sarasota County counts on the County road system, and the City counts on municipal streets Identify a consistent source for annual traffic count data for traffic monitoring purposes - Develop level of service criteria that are responsive to and consistent with the long-term goals of the TCEA, in order that they need not be revised on a frequent basis Continue to track progress on implementing various other improvements identified in Table 5 Status of TCEA Transportation Improvements and Studies Proceed with the FDOT, the US 41, and US 301 studies of regional road circulation in the downtown area to assist in resolving the capacity of the regional roads serving the TCEA BOOK 47 Page 19066 01/18/00 6:00 P.M. BOOK 47 Page 19067 01/18/00 6:00 P.M. Adopt LOS measurements and standards for all modes of cransportation, including pedestrians, bicycles, and public transportation Mr. Daughters stated that the Plan of Action provides a well- planned process to develop additional capacity as needed and desired in the Downtown area; that Staff's recommendations are to: 1. Approve retaining the TCEA interim standards for 16 additional months, until May 2001 If the interim standards are changed prior to May 2001, the desired accuracy could not be obtained as the FDOT traffic counts would not be available; 2. Direct the Administration to pursue certain transportation projects and studies as outlined above; 3. Direct the Administration to pursue the recommendations outlined in the Tindale-Oliver report; and 4. Direct the Administration to report in May 2001 as to the retention, modification, or elimination of the interim standards. Commissioner Quillin asked if US 41 is a hurricane evacuation road? Mr. Daughters stated yes. Commissioner Quillin asked how the LOS can be lowered on a hurricane evacuation road? Mr. Daughters stated that standards and the City's Comprehensive Plan provide LOS cannot be lowered on a hurricane evacuation route. Commissioner Quillin stated that most of the approved projects impact US 41. Mr. Daughters stated that the approved projects impact US 41 but have not lowered the LOS. Commissioner Quillin stated that the MPO's Park-n-Ride Subcommittee will be working with CUTR which ties into the concept of the TMO; and asked the manner in which grant funds will tie in with the City's plans? Mr. Daughters stated that grant funds will tie in very well; that the TMO would work with the MPO's Park-n-Ride Subcommittee; that the ride sharing is one element the TMO will consider; that obtaining grants with the assistance of the Commissioners' influence would be a positive benefit. Commissioner Quillin stated that much data exists; that the MPO has a database; that the City has a database, including FDOT's Arterial Tabulation (ART-TAB) and traffic count spreadsheets. Mr. Daughters stated that is correct. Commissioner Quillin asked if the estimated allocation of $25,000 is for developing a database which is basically incorporated in the spreadsheets? Mr. Daughters stated no; that the spreadsheets indicate the results of the traffic count which would be incorporated in the LOS database and utilized to conduct "what-if" analyses which would be a strong tool. Commissioner Quillin asked if the attempt is to incorporate all the information under one database? Mr. Daughters stated yes. Commissioner Quillin asked the manner in which the MPO information tie into the City's database? Mr. Oliver stated that the MPO data distributed is not necessarily data collected by the MPO; that the data is assembled from the City, FDOT, and Sarasota County; that moving to a consistent source of data is recommended to avoid duplication, arguments, or discrepancies between various sources; that the recommended database system will provide a greater level of accuracy than the LOS information currently being received and will standardize the manner in which analyses are performed for the City; that an LOS report card should be produced by the City to enable tracking trends over time. Commissioner Quillin asked if the database will be Citywide? Mr. Daughters stated yes. Commissioner Quillin stated that information from traffic counters goes into the City's database. Mr. Daughters stated that is correct. Mr. Freija stated that the MPO does not provide local service analyses, only traffic counts and AADT. Commissioner Quillin asked if LOS information is provided by the MPO? Mr. Freija stated no. Commissioner Quillin stated that the MPO is only providing traffic counts. Mr. Freija stated that is correct. Commissioner Quillin stated that LOS can be obtained from the MPO. BOOK 47 Page 19068 01/18/00 6:00 P.M. BOOK 47 Page 19069 01/18/00 6:00 P.M. Mr. Daughters stated that the City's database will be more accurate; that the MPO's program is utilized in traffic studies performed for each individual project. Mr. Freija stated that the MPO does not have any local service analyses as the MPO gathers the information from the cities, counties, and FDOT; that FDOT does have local service analyses for State roads. Commissioner Quillin stated that the TMO will consider a particular aspect of traffic; that the Park-n-Ride Subcommittee is considering a different aspect in keeping cars from going Downtown or lowering the amount of traffic; and asked the TMO's objectives? Mr. Oliver stated that some conflicting objectives exist between the TMO and the park-and-ride concept; that for example, dispersing the peak hour by staggering work hours reduces peak hour demands but does not foster ride sharing; that remote parking prevents cars from coming into the downtown area; that business operating characteristics must be observed. Mr. Daughters stated that as noise from music is not objectionable due to background noise from traffic, two problems may be solved by moving all the traffic at night. The following people came before the Commission: Richard Bass, 1953 Eighth Street (34236), stated that the Commission is encouraged to adopt Staff's recommendations; that not adopting Staff's recommendations would have a severe negative impact on Downtown's development potential and the City's economy. Philip Dasher, Chairman of the Sarasota County Bicycle/ Pedestrian Committee, 926 Boulevard of the Arts (34230), stated that a letter was forwarded to Staff on November 13, 1998, outlining a program of implementation and issues to insure the success of the CRA Master Plan update; that a skyscraper cannot be built on quicksand; that many discrepancies exist between LOS and traffic; that a 1991 City traffic count analysis report was updated using the AADTs in 1994 showing all of US 41 north of Gulf Stream Avenue with a LOS of "E" and "F"; that traffic between Ninth and Sixth Streets increased from 30,091 to 34,287 was indicated as LOS "F"; that a traffic count performed in 1997 indicated LOS "E" and "F"; that a 1997 Staff report indicates LOS "C"; that FDOT concurs going from LOS "E" and "F" to a LOS "C" is not possible; that an MPO traific count of the area near St. Armands Circle contains a large discrepancy indicating traffic did not change going across the Ringling Causeway Bridge but decreased from 1997 to 1998 at Benjamin Franklin Drive coming from Longboat Key and indicated an increase of 6,000 cars in the middle of St. Armands Circle; that FDOT performed a traffic study and quoted a December 6, 1999, letter from FDOT concerning the results of the study as follows: As you can see, most people travel during daylight hours. You expressed disbelief that approximately 6,000 vehicles were lost between the mainland and St. Armands Circle. Our December 6 study shows a drop of 6,437 cars between the Mainland and Bird Key with another 5,424 dropped between Bird Key and St. Armands Circle for a total of 11,861 "lost" between the mainland and St. Armands Circle. Mr. Dasher stated that the use of the TCEA should be suspended until correct data is received. Brenda Patten, 720 South Orange Avenue (34236), stated that her appearance is as a private citizen and an urban planner and is also on behalf of Michael Furen as a private citizen; that no clients in the TCEA exist; that supporting the recommendations of Staff and Tindale-Oliver is encouraged; that much good work has been performed; that approving the recommendation makes good sense; that the Legislature authorized TCEAS due to a realization the regular concurrency rules do not work in urban redevelopment areas which are usually older; that the streets are already in place; that problems occur with the usual concurrency rules if the only options are to build new roads or stop development; that building new roads is usually not an option in older areas; that acquiring rights-of-way, to build a new road is very expensive; that realizing the problems, the Legislature adopted concurrency exception areas enabling continued redevelopment; that the rules do not eliminate concurrency but allow flexibility; that very little development occurred in the City until the past two or three years; that the redevelopment bug has bitten with projects such as the Ritz-Carlton Hotel, the Sarasota Bay Club, the Renaissance project, etc.; that interest in continuing redevelopment exists; that seeing redevelopment between Fruitville Road and Tenth Street is desired; that taking advantage of redevelopment opportunities is suggested; that the interim standards are very reasonable; that transportation concurrency measures phantom trips which may never occur; that a good window of opportunity exists to continue redevelopment; that adopting Staff's and Tindale-Oliver's recommendations is encouraged. Pam Truitt, Member of the Downtown Association. 1818 Main Street (34236), stated that the Downtown Association recognizes the importance of the TMO and the TCEA; that the Downtown Association took the initiative to commence discussion with FDOT, MPO, and CUTR; that moving forward with Staff's recommendation is encouraged; that a great opportunity for Downtown redevelopment BOOK 47 Page 19070 01/18/00 6:00 P.M. BOOK 47 Page 19071 01/18/00 6:00 P.M. exists; that updating the CRA Master Plan has created excitement, is a bold move, and is supported. City Manager Sollenberger stated that the Administration recommends the Commission: 1. Approve retaining the TCEA interim standards for sixteen additional months, until May 2001; that if the interim standards are changed prior to May 2001 the desired accuracy could not be obtained as the FDOT traffic counts would not be available 2. Direct the Administration to pursue certain transportation projects and studies as outlined above; 3. Direct the Administration to pursue the recommendations outlined in the Tindale-Oliver reporti and 4. Direct the Administration to report in May 2001 as to the retention, modification, or elimination of the interim standards. On motion of Commissioner Hogle and second of Commissioner Mason, it was moved to approve the Administration's recommendation. Commissioner Quillin requested clarification of the $176,500 funding allocation. City Manager Sollenberger stated that the $176,500 was previously approved by the Commission; that a $40,000 FDOT grant is available; therefore, only $131,000 may be expended; that an approved funding source is available if the recommendation is approved; that a Eurther reduction in the funds expended will result if a decision is made not to continue with the TMO. Mayor Cardamone called for a vote on the motion to approve the Administration's recommendation. Motion carried. (4 to 1) : Hogle, yes; Mason, yes; Pillot, yes; Quillin, no; Cardamone, yes. 11. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) #3 (1530) through (1630) MAYOR CARDAMONE : A. stated that the Economic Development Board (EDB) meeting held at the new Arthur Anderson American Operation Center and Technology Park was attended; that the building is beautiful and houses state-of-the-art technology; that the halls and lobbies have been filled with beautiful artwork by local artists, providing an excellent feeling of Florida and Sarasota. B. stated that the Council of Governments meeting was also attended; that the following items received at the meeting were placed on the Commission's clipboard: details concerning the Sarasota County Openly Plans for Excellence (SCOPE) program, the preliminary annexation agreement between Sarasota County and Venice, Florida, and the County Charter Amendments which will be on the March 2000 ballot. 12. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - AGREED TO PLACE THE NAMING OF THE ROSEMARY DISTRICT RESOURCE CENTER AND THE RENAMING OF SEVILLA PARK ON THE AGENDA OF THE FEBRUARY 7, 2000, REGULAR COMMISSION MEETING; DIRECTED THE ADMINISTRATION TO: 1) REPORT BACK CONCERNING THE OPERATION OF GARBAGE, RECYCLING, AND PARKING LOT CLEANING TRUCKS PRIOR TO 7 A.M. AND 2) DEVELOP DRAFT PROCEDURES TO IMPLEMENT AND EXPEDITE COMMUNICATION AND WORKING RELATIONSHIPS BETWEEN STAFF AND INDIVIDUAL COMMISSIONERS : REQUESTED A STATUS REPORT CONCERNING THE RINGLING CAUSEWAY BRIDGE LITIGATION FROM ATTORNEY DAVID LEVIN (AGENDA ITEM X) #3 (1330) through (1530) #3 (1630) through (2140) COMMISSIONER MASON: A. stated that Jencie Davis, who always attends Commission meetings if possible, is ill; that the Commission wishes her a quick recovery. B. stated that the Resource Center in the Rosemary District is nearing completion; that Roy E. Smith, City resident, did considerable work to assure the realization of the Resource Center; that the Commission is requested to consider naming the Resource Center in his honor. C. stated that Mary Dean, neighborhood activist for the Central and Cocoanut Avenues area, died recently; that one of her major projects was the development of Sevilla Park, which is almost complete; that the Commission is requested to consider renaming Sevilla Park in her honor. Mayor Cardamone asked the origin of the name "Sevilla." Commissioner Mason stated that the subdivision in which the park is located is named Sevilla. Mayor Cardamone stated that hearing the Commission's agreement, the naming of the Resource Center and the renaming of Sevilla Park BOOK 47 Page 19072 01/18/00 6:00 P.M. BOOK 47 Page 19073 01/18/00 6:00 P.M. will be placed on the Agenda of the February 7, 2000, Regular Commission meeting. D. stated that the recent closure of the Ringling Causeway Bridge due to an accident caused problems; that the Police Departments of the City of Sarasota and the Town of Longboat Key should notify local television stations of similar future problems sO drivers can avoid the area. Mayor Cardamone stated that flashing message signs should have been placed at the approach areas. E. stated that a report concerning the traific on McIntosh Road turning west on Fruitville Road near the proposed Bishop Nevins Academy would be appreciated as a resident has expressed concern regarding a possible increase in traffic volume. VICE MAYOR PILLOT: A. stated that appreciation is extended to Commissioner Mason for agreeing to substitute at the Tourist Development Council meeting of January 2000. B. asked if the Commission supports requesting the City Manager to present a draft of proposed procedures/ regulations to implement and expedite communication and working relationships between the Administration and individual Commissioners. Mayor Cardamone and Commissioner Hogle stated that the proposal is supported. Commissioner Quillin stated that the City Charter provides the necessary guidance. Vice Mayor Pillot disagreed and stated that the City Charter does not address the specific process to communicate and work with Staff; that the City Charter is very general. Mayor Cardamone stated that seeing a majority consensus of four, the Administration is requested to develop draft procedures to implement and expedite communication and working relationships between Staff and individual Commissioners. COMMISSIONER HOGLE: A. stated that several years ago garbage and parking lot cleaning truck companies operating in the early morning were successfully prosecuted by the City Attorney's Office; that recently, the garbage and recycling trucks have begun operating in the Southgate area around 5 a.m. / that the prohibition against garbage and recycling trucks operating prior to 7 a.m. should be enforced; that a report from Staff would be appreciated. Mayor Cardamone stated that garbage and recycling trucks regularly operate in her neighbor prior to 7 a.m.; that the private companies providing parking lot cleaning services should be sent a letter indicating the City's noise ordinance prohibits loud noise prior to 7 a.m. Commissioner Hogle stated that letters have been sent to the private companies in the past; that the companies have also been cited; that often the drivers must pay the ticket and leave the company as a result; that corrective action should be taken. Mayor Cardamone stated that hearing the Commission's agreement, the Administration should report back concerning the operation of garbage, recycling and parking lot cleaning trucks prior to 7 a.m. B. stated that newspaper articles in the Sarasota Herald- Tribune have reported that David Levin, law firm of Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, continues to represent the City in the litigation involving the Ringling Causeway Bridge; that a report from Attorney Levin concerning the status of the litigation so the Commission can determine any future action would be appreciated. Mayor Cardamone stated that hearing the Commission's agreement, a status report from Attorney Levin is requested. COMMISSIONER QUILLIN: A. stated that residents and representatives of the restaurant industry have indicated an interest in the City's developing noise sensitive areas; that the Blue Ribbon Committee concerning noise may be interested in addressing noise sensitive areas. Mayor Cardamone stated that the Blue Ribbon Committee may not be interested in reconvening; however, certain members may be interested. Commissioner Quillin stated that the interest in considering noise sensitive areas was expressed by members of the Blue Ribbon Committee; that some members of the Blue Ribbon Committee and others could be requested to consider the development of noise sensitive areas. BOOK 47 Page 19074 01/18/00 6:00 P.M. BOOK 47 Page 19075 01/18/00 6:00 P.M. Commissioner Hogle stated that telephone calls concerning noise have been received from residents near Morton's Market, which may be an area which should be considered noise sensitive; that considering noise sensitive areas is a good idea; that the Administration's recommendation for proceeding is unknown. Commissioner Quillin stated that concerns have been expressed by residents south of Hillview Avenue. Mayor Cardamone stated that concerns have been expressed by residents of Mcclellan Park. B. stated that an exterminating service should be employed for the City Hall grounds as rats have been seen. C. referred to an article entitled Regulations annoy crossing guards" published in the January 17, 2000, edition of the Sarasota Herald-Tribune and stated that the article may be misleading; that police traffic officers have advised speeding tickets are being issued at school zones; that a better working relationship between the crossing guards and the police may be necessary; that the crossing guards do a wonderful job, are loved by the school children, and should be able to request police traffic officers and backup from the Police Department if necessary; that the article indicated backup is not being provided. MAYOR CARDAMONE: : A. stated that a copy of a personal letter to supporters of the efforts of the Greater Newtown Community Redevelopment Corporation (GNCRC) was placed on the Commission's clipboard for information; that sending the letter was delayed until after the holiday season. B. stated that the Commission decided to hold the first meeting in July 2000 on Wednesday, July 5, 2000, due to the July 4th holiday. C. stated that members of the Manasota League of Cities will be going to Tallahassee, Florida, to lobby on March 15 and 16, 2000; that the legislative program previously developed by the City should be redistributed to the Commission for review. Commissioner Hogle stated that the Legislative Committee of the Sarasota/Manatee Metropolitan Planning Organization (MPO) met the week of January 10, 2000, and is working on a draft pamphlet of legislative priorities which should be received within a week and will be distributed to the Commission for comment. Mayor Cardamone stated that MPO items affecting the City should be added to the City's legislative priorities; that the legislative information received from the Florida League of Cities - (FLC) is lengthy and will require study. D. stated that the evaluation forms for Charter Officials should be distributed to the Commission for review and discussion; that suggestions for change can be considered prior to completing the evaluations; however, using the existing form for current evaluations and considering modifications for future evaluations may be preferable. City Auditor and Clerk Robinson stated that the evaluation forms will be distributed. 13. OTHER MATTRSADKIISTATIVE OFFICERS (AGENDA ITEM XI) #3 (2140) through (2547) CITY AUDITOR AND CLERK ROBINSON: A. stated that the schedule of Commission workshops will be distributed shortly. Vice Mayor Pillot asked dates the Chambers will be closed? City Auditor and Clerk Robinson stated that the Chambers will be closed for renovation after the April 17, 2000, Regular Commission meeting and should be reopened prior to the June 5, 2000, Regular Commission meeting. CITY MANAGER SOLLENBERGER: A. stated that Commission suggestions for the Agenda for the February 9, 2000, joint meeting with the Sarasota Board of County Commissioners (BCC) would be appreciated; that a brief rather than extensive list of items for discussion is suggested; that the issue of annexation should be included on the Agenda; that a workshop concerning impact fees is scheduled for March 6, 2000; therefore, a detailed discussion concerning impact fees may not be appropriate; however, the Commission may wish to alert the County regarding possible City concerns related to impact fees. Mayor Cardamone stated that the County should be invited to the March 6, 2000, workshop rather than placing the issue of impact fees on the Agenda of the February 9, 2000, joint meeting. City Auditor and Clerk Robinson stated that the February 9, 2000, joint meeting will be held in the Asolo Lobby of the Ringling BOOK 47 Page 19076 01/18/00 6:00 P.M. BOOK 47 Page 19077 01/18/00 6:00 P.M. Museum; that the meeting cannot begin until 2:30 p.m. due to the BCC's schedule; that a short tour of the Ringling Museum is scheduled. Commissioner Quillin stated that a County Commissioner may raise the issue of an amphitheater at Payne Park; that other issues are more important; that the joint meeting may not be the appropriate forum to discuss an amphitheater as the Master Plan for Payne Park is currently in the development and review phases. Vice Mayor Pillot stated that a 5,000-seat amphitheater in Payne Park is not supported. Mayor Cardamone stated that a 5,000-seat amphitheater is not appropriate; that a grassy embankment slopping to the lake with a small gazebo-type structure requiring little maintenance is preferred. City Manager Sollenberger stated that funds for an amphitheater were included in the City's 1985 bond issue; that the concept was to develop an amphitheater in front of the Van Wezel Performing Arts Hall (VWPAH) overlooking the lagoon in back of the orchestra hall; that the former VWPAH Executive Director raised serious issues concerning parking; that a recommendation in the Civic Center Master Plan was the amphitheater should not be placed at the VWPAH; that individuals supporting the bond issue due to the inclusion of an amphitheater were concerned; that the resolution was to reserve the $200,000 in the bond issue targeted for the amphitheater for development of an amphitheater at another location; that the funds have been offered to the County for use in a park located in the City which evolved into the suggestion to locate the amphitheater in Payne Park; that noise is a problem with a band shell or amphitheater; that complaints will be received; that a seating arrangement to allow bringing the County's showmobile on site is suggested; that a fixed band shell is a concern as sound will travel to nearby neighborhoods. Commissioner Mason stated that including an amphitheater in the Payne Park Master Plan was discussed at the December 6, 1999, Commission workshop. Mayor Cardamone stated that the type of seating was not specifically discussed; that the agreement was any seating should face the lake and a 5,000-seat amphitheater would be too large; that noise was discussed; that the Commission appeared in agreement; however, the agreement may not have been fully articulated. Commissioner Quillin stated that the Agenda items suggested by the City and the County for the February 9, 2000, joint meeting should be reviewed by the Commission in advance. Commissioner Mason agreed. Mayor Cardamone stated that individual County Commissioners may not completely understand the annexation issue; that one County Commissioner indicated no proposals had been presented by the City; that the County Commissioner was personally advised the City has a written plan which is being taken to the neighborhoods; that the problem has been the City cannot obtain the County's financial proposal to determine the City's competitiveness. Commissioner Quillin stated that reports to the BCC concerning the City's annexation proposal have been personally viewed on television. 14. ADJOURN (AGENDA ITEM XII) #3 (2547) There being no further business, Mayor Cardamone adjourned the Regular meeting of January 18, 2000, at 10:28 p.m. haisclt SOTA MOLLIE C. CARDAMONE, MAYOR A a A 3 36 & Le - Rebens ev BIL - - a ROBINSON, CITY AUDITOR AND CLERK 90 BOOK 47 Page 19078 01/18/00 6:00 P.M.