MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JUNE 17, 1996, AT 6:00 P.M. PRESENT: Mayor Mollie Cardamone, Commissioners Jerome Dupree, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: Vice Mayor Gene Pillot PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9 of the Charter of the City of Sarasota at 6:00 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. PRESENTATION RE: EMPLOYEE OF THE MONTH, MAY 1996, CHARLES RANDALL, CONSTRUCTION INSPECTOR, PUBLIC WORKS DEPARTMENTL UTILITIES DIVISION #1 (0027) through (0139) City Manager Sollenberger requested that William Hallisey, Facilities Operations Manager, Public Works Department Utilities Division, and Charles Randall, Construction Inspector come before the Commission. Mr. Hallisey stated that Mr. Randall, who began his employment with the City nearly twelve years ago, has inspected large public works projects totalling over $25 million; that properly implementing plans and specifications designed by the Engineering Department is a primary responsibility; that Mr. Randall executes the duties of the job in a professional manner and co-workers often comment on his cheerful and cooperative attitude; that Mr. Randall exemplifies an employee who serves with excellence and pride. Mayor Cardamone presented Mr. Randall with a City-logo watch, a plaque, and a certificate as the May 1996 Employee of the Month in appreciation of his unique performance with the City of Sarasota; and congratulated him for his outstanding efforts. Mr. Randall recognized his wife, Marilyn, and his immediate supervisor, Dan Castorani, Utilities Engineer, Public Works Department, who were seated in the audience 2. PRESENTATION RE: MAYOR'S CITATION RECOGNIZING THE SARASOTA HIGH SCHOOL 1996 STATE BASEBALL CHAMPIONS #1 (0139) through (0238) Book 40 Page 13324 06/17/96 6:00 P.M. Book 40 Page 13325 06/17/96 6:00 P.M. Mayor Cardamone stated that many of the high-school seniors who were members of the Championship team were not able to attend the meeting tonight; and requested that the team members and coaches of the Sarasota Sailors present come before the Commission. Mayor Cardamone stated that the Commission is proud to honor the outstanding achievements of the Sarasota Sailors in winning their seventh State Title as the Baseball Class 5A Florida State Champions. Mayor Cardamone read in its entirety the Mayor's citation extending congratulations and sincere appreciation on behalf the Commission and all the citizens of the community for the national publicity brought to the City by the Sarasota Sailors' good sportsmanship and inspired play and recognizing the following members of the Sarasota High School Baseball Team: Davin Anderson, Peter Ashley, Ryan Clark, Misha Dworken, John-Ford Griffin, Kris Kolba, Jeremy Lee, Justin Lincoln, Shane MacKanin, Jeremy Murch, Greg Nydick, Jason Nydick, George Padalik, Al Perry, Bobby Seay, Bobby Sherry, Anthony Turco, Johnny Whitesides, Head Coach Clyde Metcalf, Assistant Coaches Ed Howell, Ted Lyke, Tom Whitehurst, Jeff Swindell, Mark Aschenbrenner, and Pat Collins. 3. CHANGES TO THE ORDERS OF THE DAY = APPROVED #1 (0270) through (0294) City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Approval of Minutes, Item No. I-1, minutes of the Regular City Commission meeting of May 20, 1996. B. Remove under New Business, Item No. VIII-3, Discussion Re: Ken Thompson Park/Landscape Buffer Adjacent to Mote Marine Mammal Center. C. Add under Board Appointments, Item No. IX-1, Appointment Re: Sarasota Housing Authority Board. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to approve the Changes to the Orders of the Day. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. 4. APPROVAL OF MINUTES: MINUTES OF THE REGULAR CITY COMMISSION MEETING OF JUNE 3, 1996 - APPROVED AS CORRECTED (AGENDA ITEM I) #1 (0298) through (0320) Mayor Cardamone asked if the Commission had any changes to the minutes. Mayor Cardamone referred to draft page 44; and stated that the term "eliminating" should be added to the following statement: Mayor Cardamone stated that eliminating amplified music does not eliminate music played outdoors. Mayor Cardamone stated that hearing no additional changes, the minutes of the regular City Commission meeting of June 3, 1996, as corrected are approved by unanimous consent. 5. CONSENT AGENDA NO. 1: ITEM NOS. 1, 2, 3, 4, 5, AND 6 - APPROVED (AGENDA ITEM III-A) #1 (0327) through (0337) 1. Approval Re: Authorize the Mayor and city Auditor and Clerk to execute an Interlocal Agreement between the City of Sarasota and the School Board of Sarasota County relating to school crossing guards at Booker High School 2. Approval Re: Authorize the City Manager signatory authority for the City, pertaining to the City's National Pollutant Discharge Elimination System (NPDES Permit) 3. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute a contract with Diversified Drilling Corporation, Tampa, Florida, (Bid # 96-79) in the amount of $54,243.00, for the well acidizing at Verna Wellfield Phase II 4. Approval Re: Authorize the Mayor and City Auditor and Clerk to execute the Statewide Mutual Aid Agreement between the State of Florida and Sarasota County to simplify the process of reimbursing local governments for expenditures incurred in responding to natural disasters/ emergencies 5. Approval Re: Authorize the Mayor and City Manager to execute the Ratification Agreement between the City of Sarasota and the Citrus, Cannery, Food Processing and Allied Workers, Drivers, Warehousemen and Helpers, Local Union #173 Affiliated with International Brotherhood of Teamsters, referred to as Teamsters Local #173 6. Approval Re: Award of contract and authorize the Mayor and City Auditor and Clerk to execute a contract with Lang Engineering of Florida, Inc., Tampa, Florida, (Bid #96-78) in the amount of $42,050.00, for air conditioning Book 40 Page 13326 06/17/96 6:00 P.M. Book 40 Page 13327 06/17/96 6:00 P.M. duct cleaning of the Public Safety Building located at 2050 Ringling Boulevard On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to approve Consent Agenda No. 1, Item Nos. 1 through 6 inclusive. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes, Patterson, yes; Cardamone, yes. 6. CONSENT AGENDA NO. 2: ITEM NO. 1 (RESOLUTION NOS. 96R-868, 96R-869) = ADOPTED; ITEM NO. 2 (RESOLUTION NO. 96R-893) = ADOPTED; ITEM NO. 3 (RESOLUTION NO. 96R-894) - ADOPTED; ITEM NO. 4 (RESOLUTION 96R-895) - ADOPTED; ITEM NO. 5 (ORDINANCE NO. 96-3946) - ADOPTED; ITEM NO. 6 (ORDINANCE NO. 96-3947) ADOPTED (AGENDA ITEM III-B) #1 (0338) through (0450) City Auditor and Clerk Robinson read proposed Resolution Nos. 96R-868, 96R-869, 96R-893, 964-894, and 964-895 and proposed Ordinance Nos. 96-3946 and 96-3947 by title only. 1. Adoption Re: Proposed Resolution No. 96R-868, determining to make public improvements and defray the whole or any part of the costs thereof by special assessment; stating that the nature of the proposed improvement is to dredge that portion of the Hudson Bayou between Osprey Avenue and South Tamiami Trail; designating the property to be so improved; stating the part or portion of the costs thereof to be paid by special assessment; stating the manner in which said assessment shall be paid; stating when said assessments are to be paid; stating what part, if any, shall be apportioned to be paid from the General Improvement Fund of the City; designating the lands upon which the special assessment shall be levied; stating the total estimated cost of the improvement; directing the City Auditor and Clerk to cause this resolution to be published; (Title Only) AND Adoption Re: Proposed Resolution No. 96R-869, fixing a time and place at which the owners of property to be assessed for any other persons interested therein may appear before the city Commission and be heard as to the propriety and advisability of making improvements in the nature of dredging of that portion of Hudson Bayou between Osprey Avenue and South Tamiami Trail, as to the cost thereof, as to the manner of payment therefore, and to the amount thereof to be assessed against each property sO improved; (Title Only) 2. Adoption Re: Proposed Resolution No. 96R-893, accepting abatement of nuisance and cost reports pertaining to the removal of accumulations of junk, rubbish, trash or other offending matter; directing the assessment of a lien against the property described in each abatement report for the amount stated therein; (Title Only) 3. Adoption Re: Proposed Resolution No. 96R-894, accepting reports of abatement of nuisances, and costs incurred, pertaining to the demolition of buildings or structures in accordance with the Standard Unsafe Building Abatement Code as adopted by the City; directing the assessment of liens against the real property upon which such costs were incurred; providing for the recording of said assessments in the City's "Assessment Book for Local Improvements" and in the Official Records of the Clerk of Circuit Court in and for Sarasota County; providing for the accumulation of interest on said liens; (Title Only) 4. Adoption Re: Proposed Resolution No. 96R-895, in support of maintaining a federal role in shore protection; (Title Only) 5. Adoption Re: Second reading of proposed Ordinance No. 96-3946, providing for the designation of the structures located at 1631 Loma Linda Street, historically known as "The Richardson House," . as structures of historic significance pursuant to the historic preservation ordinance of the city of Sarasota; etc (Title Only) (Petition No. 96-HD-04, petitioner Mikki Hartig representing Bernard J. Vroom) 6. Adoption Re: Second reading of proposed Ordinance No. 96-3947, providing for the designation of the structure located at 129 Edmonson Avenue, historically known as "The Sprague House," as a structure of historic significance pursuant to the historic preservation ordinance of the City of Sarasota; etc. (Title Only) (Petition No. 96-HD-05, petitioner Mikki Hartig representing Chase K. Bryon and Thomas H. Bryon, Jr.) On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to adopt Consent Agenda No. 2, Item Nos. 1 through 6 inclusive. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Patterson, yes; Merrill, yes. Mayor Cardamone requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson Book 40 Page 13328 06/17/96 6:00 P.M. Book 40 Page 13329 06/17/96 6:00 P.M. stated that at this time petitioners have 15 minutes to address the Commission and 5 minutes for rebuttal; that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. 7. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3952, PROVIDING AUTHORITY FOR THE ISSUANCE OF BONDS FOR ASSISTANCE OF INSTITUTIONS OF HIGHER EDUCATION WITHIN THE CITY; PROVIDING FINDINGS; PROVIDING DEFINITIONS: PROVIDING FOR GENERAL POWERS OF THE CITY COMMISSION: PROVIDING CRITERIA AND REQUIREMENTS FOR ASSISTANCE TO BE RENDERED TO INSTITUTIONS OF HIGHER EDUCATION; PROVIDING FOR TERMS OF SUCH ASSISTANCE; PROVIDING THAT THE CREDIT OF THE CITY SHALL NOT BE PLEDGED; PROVIDING FOR THE ISSUANCE OF REVENUE BONDS; PROVIDING FOR SECURITY OF BONDHOLDERS FOR PAYMENT OF SUCH BONDS; PROVIDING FOR RATES, RENTS, FEES AND CHARGES; PROVIDING THAT FUNDS HELD PURSUANT TO THE PROVISIONS OF THIS ORDINANCE SHALL BE TRUST FUNDS: PROVIDING FOR REMEDIES OF BONDHOLDERS: PROVIDING FOR THE ISSUANCE OF REFUNDING BONDS; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE IN ADDITION TO OTHER AUTHORIZING MEANS; PROVIDING FOR THE MANNER OF CONSTRUCTION OF THIS OF THIS ORDINANCE; (TITLE ONLY) = PASSED ON FIRST READING (AGENDA ITEM IV-1) #1 (0451) through (0973) City Manager Sollenberger stated that Dr. Arland Christ-Janer has requested that the City assist the Ringling School of Art & Design with the issuance of $8.7 million in conduit bonds to finance construction of a new student apartment complex on the campus and to refinance outstanding bonds; that Sarasota County has traditionally handled conduit financing for these types. of special requests; however, pursuant to Chapter 159, Florida Statutes, the County is only authorized to issue bonds for the purpose of new construction and cannot issue bonds for the purpose of refunding existing debt; that the City has never before engaged in conduit financing, which confers the tax-exempt financing status on the borrower to acquire a favorable financial position; but has under its Home Rule powers agreed to authorize the debt; that the issuance of conduit bonds occurs with no financial obligation to the City and has safeguards in place; that municipalities engage in conduit financing to provide lower costs for businesses, industries, and educational institutions; that the Ringling School of Art and Design is part of the fabric which composes the infrastructure of arts and culture in Sarasota; that the City's issuance of conduit financing will result in savings in excess of $2 million over the 25-year bond period for the Ringling School of Art and Design; that proposed Ordinance No. 96-3952 is an enabling ordinance to permit the issuance of conduit financing to assist institutions of higher education; that a resolution will be required at a later date to authorize specific financing for the Ringling School of Art and Design. Gibson Mitchell, Director of Finance; John Stokes, Bond Counsel, Nabors, Giblin and Nickerson; and John Haylett, City's Financial Advisor, came before the Commission. Mr. Mitchell stated that proposed Ordinance No. 96-3952 is an enabling ordinance granting the City the legislative right to issue conduit financing; that this proposed ordinance does not approve the bond issue; that a resolution fixing all bond details will be brought before the Commission on August 5, 1996 at a public hearing. Commissioner Dupree asked if the conduit financing is contrary to State statute? Attorney Stokes stated that the conduit financing will be accomplished pursuant to Home Rule powers approved by the Florida Supreme Court. Commissioner Dupree asked if the City is excluded from liability for repayment of the bonds? Attorney Stokes stated yes; that the ordinance protects against the City's liability; that the face of the bonds will specify the sole responsibility of the Ringling School of Art and Design to pay the debt; that the City is lending tax-exempt status under Federal Tax Laws for the benefit of the School; that the City is not obligated to repay the debt. Commissioner Patterson asked if the City's bond rating would be damaged if the Ringling School of Art and Design should default on the notes? Mr. Haylett stated that the City's bond rating will not be affected with the grading houses, Moody's, or Standard and Poor's, or with the institutions or individuals who buy the bonds; that the buyers understand the principles of conduit financing; that default would have no bearing on the salability of City bonds, whether water and sewer or general obligation. Commissioner Patterson asked if certainty exists the City's bond rating will not be affected in the case of default? Mr. Haylett stated yes. Commissioner Patterson asked if Mr. Haylett concurs with Attorney Stoke's opinion that the City will incur no financial liability for payment of the bonds? Mr. Haylett stated yes. Book 40 Page 13330 06/17/96 6:00 P.M. Book 40 Page 13331 06/17/96 6:00 P.M. Commissioner Patterson asked Attorney Stokes to detail the assurance that no risk will be incurred against the City? Attorney Stokes stated that the City has absolutely no financial liability on the transaction whatsoever; that the bonds will state the City's protection against liability; that all documentation accompanying the conduit financing will state the City's lack of responsibility; that conduit financing is a common type of financing in the investment market; that investors who buy conduit bonds realize that the responsibility for repayment lies with the borrower and not the party which adds credit; that industrial development authorities around the State which issue conduit financing are comprised of volunteers who have no assets and are solely lending tax-exempt status; that the City is not liable in any way for the obligations. Commissioner Patterson asked if Attorney Stokes is acting as the City's legal consultant on the matter before the Commission? Attorney Stokes stated yes. Commissioner Patterson asked if the City's freedom from liability can be placed in writing before second reading of the ordinance? Attorney Stokes stated that the face of the bond and the document prepared by the Bond Counsel, which is delivered to the city at the time of closing, approving the issue and signing-off on the tax-exempt status of the bonds, both include a statement releasing the City from liability. Mr. Mitchell referred to Section 12 on page 11 of the ordinance and stated that the terms "Trustee or Trustees under a Trust Agreement" have replaced the term "City" in the following statement: by this ordinance or by such resolution or trust agreement to be performed by the City or by any officer, employee Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3952 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3952 by title only. On motion of Commissioner Dupree and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3952 on first reading. Commissioner Merrill stated that the City should not make a habit of entering into conduit financing; that a recent media article referencing a defaulted bond issue reported that many bond purchasers mistakenly believed that the municipality in question had guaranteed the issue; that although rating agencies and large investors understand a municipality's exclusion from liability, the article reported that the default would be included in the municipality's credit history for future bond issues; that the City is justified in passing the proposed ordinance as the Ringling School of Art and Design is an exemplary asset to the City; that no government ever expects the agency through which conduit financing passes to default; that the City should avoid future conduit financing. Commissioner Patterson stated that she completely agrees with Commissioner Merrill's comments. City Manager Sollenberger stated that the proposed issuance will be structured with bonds in the denominations of $100,000 each; that the bonds will be sold to institutions and investment funds. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0) : Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. 8. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3951, CALLING A REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF DETERMINING WHETHER OR NOT A NEW CHARTER SHALL BE ADOPTED, INCLUDING AN OPTION TO RETAIN THE CURRENT METHOD OF ELECTING A MAYOR BY ANNUAL VOTE OF THE CITY COMMISSION OR ALTERNATIVELY TO PROVIDE A PROCEDURE FOR THE ELECTION OF A MAYOR, FOR A FOUR-YEAR TERM, BY VOTE OF THE QUALIFIED ELECTORS OF THE CITY, ALL AS IS MORE PARTICULARLY DESCRIBED IN THE CHARTER TEXT SET FORTH HEREIN; SETTING FORTH THE PROPOSED NEW CHARTER LANGUAGE; STATING THE REFERENDUM QUESTION; SCHEDULING THE REFERENDUM FOR SEPTEMBER 3, 1996; STATING THE EFFECTIVE DATE FOR THE NEW CHARTER (TITLE ONLY) - PASSED ON FIRST READING CHANGING THE LANGUAGE IN THE BALLOT OUESTION TO ELIMINATE "REPEAL" AND CONDENSING LANGUAGE TO REDUCE MAYORAL OPTION TO ONE BALLOT QUESTION (AGENDA ITEM IV-2) #1 (0983) through (3432) City Attorney Taylor stated that proposed Ordinance No. 96-3951, calls for a referendum of the qualified electors on September 3, 1996, pertaining to the proposed 1996 Charter; that certain details pertaining to the Charter and a statement of the ballot questions has been included in the ordinance; that the work of the Charter Review Committee (CRC) resulted in revisions to the 1988 Charter which have been indicated in a revised document using strikeouts for deletions and redlining for additions; that the revised Charter Book 40 Page 13332 06/17/96 6:00 P.M. Book 40 Page 13333 06/17/96 6:00 P.M. and a similar document outlining the revisions required to incorporate an elected mayor have been attached to the ordinance as Exhibits "A" and "B." City Attorney Taylor continued that achieving a majority of votes for approval or disapproval of a referendum is difficult when alternative options are included; therefore, developing the ballot questions has been challenging; that the goal is to clarify language enabling the voter to respond in an informed manner and not to present language which prejudices or confuses the voter; that Joanne Koester, Supervisor of Elections, has reviewed and perceives the following ballot questions to be clear: Shall the 1988 Charter of the City of Sarasota be repealed and the proposed 1996 Charter be adopted? For Against VOTE FOR ONLY ONE OF THESE OPTIONS: If the proposed 1996 Charter of the City of Sarasota is approved by the voters, should it retain the existing method for the selection of mayor annually, by the vote of the members of the City Commission? For If the proposed 1996 Charter of the City of Sarasota is approved by the voters, should the existing method for the selection of a mayor be changed to provide for the election of the mayor by vote of the qualified electors of the City for a four-year term? For City Attorney Taylor stated that the ballot questions were reviewed with Lou Ann Palmer, Chairman, Charter Review Committee, who suggested a ballot question be posed to allow the electorate to approve the elected mayor option without approving the 1996 Charter, and separate ballot questions be posed regarding the proposed increase in the Commission salary and the higher salary proposed for an elected mayor. Mayor Cardamone asked if placing six questions on the ballot was being suggested? City Attorney Taylor stated yes. Commissioner Patterson stated that deleting the phrases "If the proposed 1996 Charter . is approved" from the ballot questions would allow the electorate to disapprove the 1996 Charter but approve a change in the mayoral selection. City Attorney Taylor stated that neither the CRC nor the Commission have discussed a four-year mayoral term option under the 1988 Charter; therefore, language incorporating a mayor elected to a four-year term has only been drafted to amend the proposed 1996 Charter. Commissioner Patterson asked if drafting similar language to amend the 1988 Charter would be difficult? City Attorney Taylor stated that language could be drafted between first and second readings if so desired by the Commission. Mayor Cardamone stated that drafting language to incorporate an elected mayor into the 1988 Charter is not supported. Commissioner Merrill stated that a public reterendum is required to adopt an amended Charter; however, providing alternative options on the referendum is not required; that the Commission could present the public with only one ballot question. Mayor Cardamone stated that, for example, the Commission could present the public with one ballot question pertaining to a revised Charter which incorporates an elected mayoral system. City Attorney Taylor stated that is correct. Mayor Cardamone opened the public hearing. The following people came before the Commission: Lou Ann Palmer, Chairman, Charter Review Committee, 4160 Fruitville Road #75 (34232), stated that issues regarding interpretations of two provisions in the 1996 Charter were identified as she performed a final review of the document attached to the ordinance as Exhibit "A". Ms. Palmer referred to the following language proposed under Article III, Sec. 6, City employment prohibitions: A city commissioner shall not hold any other city position for which he/she receives compensation during his/her term as commissioner or for two years after leaving office. Ms. Palmer stated that reimbursement for travel expenses could be misinterpreted as compensation if a statement is not placed on the record to clarify the Commission's intent of the language. Ms. Palmer referred to the following statement under Article IV, Sec. 3, "Emergency Ordinance: Book 40 Page 13334 06/17/96 6:00 P.M. Book 40 Page 13335 06/17/96 6:00 P.M. No emergency ordinance shall enact or amend a land use plan or rezone private real property. Ms. Palmer stated that a building moratorium enacted by the Commission would obstruçt the development of property by the owners; and asked if a moratorium would amend a land use plan? City Attorney Taylor stated that a moratorium maintains the status quo until expiration; therefore, a problem would not exist. Ms. Palmer stated that the language pertaining to the Commissioner salary in the 1996 Charter has been revised to accurately reflect the intention of the salary formula referenced and adopted in the 1988 Charter; that the Commissioner salary has remained fixed at $15,750 since 1989, which was not the intent of the 1988 provision; that the revised provision once established would increase the current salary by $1,141 to $16,891; that in the future, the Commissioner salary will increase slightly on an annual basis in accordance with State adjustments approved for county constitutional officers' salaries for counties with populations between 50,000 and 100,000. City Auditor and Clerk Robinson stated that the $1,141 is the total increase which would have accrued since 1988. Ms. Palmer stated that the proposed salary for a mayor elected under the four-year mayoral term option is $19,020; that the salary increase should be separated on the ballot; that a recent election in Venice denied a proposed, minimal increase in the Commission salary; that the citizenry may vote against the 1996 Charter if the Commissioners' salary increase is included in the referendum. Commissioner Patterson asked if the CRC has discussed separating the salary increase from the main reterendum? Ms. Palmer stated that the CRC focused on developing language for the four-year, elected mayoral term option and was of the opinion that the Commission should make the final determination on language for the ballot questions, Ms. Palmer referred to page 4, Section 7, of the proposed ordinance and cited the following: ..the 1996 Charter shall become effective at 12:01 a.m. on the 3rd day of October, 1996, and the method for selecting a mayor shall also become effective at 12:01 a.m. on the 3rd day of October, 1996 Ms. Palmer stated that the language requires enabling ordinances to be enacted 30 days after the September 3, 1996, election. City Auditor and Clerk Robinson stated that placing the 1996 Charter into effect on November 3, 1996, 60 days after the election is recommended; that the change in language could be made between first and second readings. Ms. Palmer stated that the method for selecting a mayor should also become effective on November 3, 1996; that the Commission is asked to take every measure possible to ensure electorate approval of the 1996 Charter; that new provisions exist in the 1996 Charter, such as a provision for the filling of vacancies in office, and filling of vacancies in candidacy, now required by the State to be included in Charters, which are not addressed in the 1988 Charter. Commissioner Patterson stated that the term "repealed" has a negative connotation; that reference to repealing the 1988 Charter should be deleted. Mayor Cardamone asked if the 1988 Charter would automatically be repealed if the question was posed in the suggested manner. City Attorney Taylor stated yes. Ms. Palmer asked if the current Charter would remain in effect if a majority of the electorate votes against the 1996 Charter? City Attorney Taylor stated yes. Commissioner Patterson stated that gratitude is expressed to the CRC for all the work and time expended. Mayor Cardamone stated that thanks is expressed for all the work and personal efforts invested by Ms. Palmer in guiding the CRC. Ms. Palmer stated that the Commission, including the late Commissioner Dry, appointed outstanding members to the CRC. Linda Holland, 617 Gillespie Avenue (34236), stated that support is offered for the referendum question; that the voters should have the opportunity to state a preference for a four-year, elected mayor position; that the annual rotation of the mayor confuses the citizenry who desire continuity; that the process will become too complicated if the ballot contains more than the three existing questions; that positive aspects of the 1996 Charter may be eliminated if the salary issue is addressed separately; that the public has no conception of the time expended by Commissioners to perform the duties relative to the Office; that residency requirements for department heads should be included in the 1996 Charter; that department heads need to understand the issues and concerns experienced as residents of the City; that Mrs. Palmer's leadership of the CRC has achieved tremendous results. Book 40 Page 13336 06/17/96 6:00 P.M. Book 40 Page 13337 06/17/96 6:00 P.M. Joseph Hyland, 910 Boulevard of the Arts (34236), stated that the commission system was originally established in small, rural towns in which most members of the community decided upon the requirements of the jurisdiction; that commissions in most municipalities hire a manager and several professionals from out of town to implement the complex aspects of government as a three hour meeting once per month is insufficient to direct the business of a city; that the person with the knowledge and control of staff is the city manager, who becomes an unelected mayor; that the city manager's position is overseen by five commissioners, three of whom can control the position; that the description of a mayor is a varied description of authority; that, for example, Philadelphia has a strong mayor and a city council; that the Sarasota City Commission is, in effect, a city council; that the elected Commission represents the constituency while the City Manager, acting as an unelected mayor, runs the City; that the city of Sarasota should have a strong mayor with authority to run the City; that the option of a four-year, elected mayor is a good first step; that the job of the proposed four-year, elected mayor should be defined for inclusion in the referendum; that most voters do not understand a system of government in which no single person is responsible for actions taken in the City; that the four-year mayoral term option should be modified to allow the election of a mayor with authority to run the City and to assume responsibility for actions taken; that three people can reach a decision in the current system without the citizenry knowing clearly who is responsible for the decision. There was no one else signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration makes no recommendation as the Commission has accepted responsibility for the Charter review from the onset of the process. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3951 by title only. On motion of Commissioner Merrill and second of Commissioner Patterson, it was moved to pass proposed Ordinance No. 96-3951 on first reading, deleting the language in the ballot question referring to a repeal of the 1988 Charter. Commissioner Merrill asked the advantages of the commission/manager form of government versus the strong mayor form of government? City Manager Sollenberger stated that the commission/manager form of government, under which approximately 3,000 municipalities currently operate, is the predominant form of government for cities the size of Sarasota; that a unified government is provided rather than a fractured government; that a parliamentary or legislative system exists of which the Commission is in charge and hires a manager to run the day-to-day operations; that two power bases exist separately in a strong mayor system; that the strong mayor becomes the power base and the Commission takes on a minor role; that mayors in a number of cities such as Medford, Massachusetts, do not attend commission meetings; that the chief executive in a commission/manager system reports directly to the commission and is responsive to the majority of the commission; that the advantage of a commission/manager system is unification. Commissioner Merrill stated that separating the salary increases on the ballot is not supported; that Commissioners participate for reasons of public service; that the salary increase should either be included in the 1996 Charter as recommended by the CRC or left out completely; that public perception of the 1996 Charter is focused primarily on the four-year mayoral term option. Commissioner Merrill continued that the ballot question addressing the mayoral system could be phrased as follows: Do you favor the provision changing to a four-year, elected mayor Charter as recommended by - the City Commission? Commissioner Merrill stated that additional questions in a referendum will imply the Commission is unable to make recommendations for ratification; that the majority of voters do not understand the government system in the City and would prefer to vote on an item recommended by the Commission; that he supports the motion. Commissioner Patterson stated that drafting a single question requiring a simple yes or no is preferable; however, the option of mayoral change should be kept separate from adoption of the 1996 Charter. Commissioner Dupree stated that the CRC has done an exceptional job; however, a commission/manager form of government does not require a four-year, elected mayor; that the Commission fulfills the duty of policy-making and directs the City Manager to implement the chosen policies; that the City Manager provides continuity; that he supports the current system with the possible change of allowing the Commission to adjust the number of years the rotational mayor will serve. Mayor Cardamone stated that the ballot question addressing the mayoral system could be phrased as follows: If the proposed 1996 Charter of the City of Sarasota is adopted, should the existing method for the selection of a mayor be changed to provide for the election of the Book 40 Page 13338 06/17/96 6:00 P.M. Book 40 Page 13339 06/17/96 6:00 P.M. mayor by vote of the qualified electors of the City for a four-year term? Commissioner Patterson stated that the suggestion is fine but the phrase "rather than by the vote of the members of the City Commission" should be retained to enable the electorate to differentiate between the existing and proposed systems. Commissioner Patterson continued that Commissioner Dupree's opposition to placing the four-year, elected mayoral term option on the ballot is clear; that three Commissioners must vote affirmatively to place the proposed language on the ballot; that two of the present Commissioners are of the opinion that one question for or against is an acceptable way of phrasing the ballot question; and asked if Mayor Cardamone would support placing the mayoral issue in one question, for or against? Mayor Cardamone asked if a change in the ballot language could be completed between the first and second readings? City Attorney Taylor stated that' changing the language presents no legal problem; that the process could be further simplified to request the electorate to decide that the 1996 Charter amendment will contain the provision of a four-year, elected mayor; that the 1996 Charter has been written to include the current system for selecting a mayor; that secondary language has. been developed to change the system to a four-year, elected mayor; that the entire referendum could be reduced to one question if the Commission were to place the 1996 Charter before the voters with the sole option of a four-year, elected mayor system. Mayor Cardamone stated that a voter who does not want a four-year, elected mayor will be negatively compelled to vote against the entire 1996 Charter. Commissioner Patterson agreed; and stated that the 1996 Charter should be addressed independently; that the electorate should have the additional option of choosing between the current mayoral system or the proposed four-year, elected mayoral system; and suggested the ballot question be revised as follows: Should the 1996 Charter of the City of Sarasota reflect a four-year, elected mayor instead of the existing method for the selection of mayor annually, by the vote of the members of the City Commission? On motion of Commissioner Patterson and second of Commissioner Merrill, it was moved to amend the motion to simplify the ballot question pertaining to the mayoral option by requiring one yes or no response and to direct the City Attorney to draft language between first and second readings. Commissioner Patterson asked if the Commission has the authority to amend the ballot as proposed? City Attorney Taylor stated yes. Mayor Cardamone called for a vote on the amendment. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. City Auditor and Clerk Robinson asked if the intent of the main motion is to include a change in the effective date from October 3, 1996, to November 3, 1996? Commissioner Merrill stated yes. City Auditor and Clerk Robinson restated the main motion as to pass proposed Ordinance No. 96-3951 on first reading with reference to repealing the 1988 Charter deleted, the ballot question pertaining to the mayoral option simplified by requiring one yes or no response, and the City Attorney drafting the change in language between first and second reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried. (3 to 1): Merrill, yes; Patterson, yes; Cardamone, yes; Dupree, no. 9. PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 96-3950, AMENDING CHAPTER 2, RELATING TO NUISANCE ABATEMENT; CLARIFYING THE JURISDICTION OF THE NUISANCE ABATEMENT BOARD; ALLOWING FOR THE IMPOSITION OF COSTS OF INVESTIGATION. PROSECUTION. ADMINISTRATION AND RECORDING AGAINST PROPERTY OWNERS CREATING A NUISANCE; PROVIDING FOR THE RETENTION OF JURISDICTION OF THE NUISANCE ABATEMENT BOARD AFTER A NUISANCE HAS BEEN ABATED AND FOR THE IMPOSITION OF PENALTIES FOR A REOCCURRENCE: PROVIDING FOR THE RECORDING OF ORDERS so AS TO BE BINDING UPON ANY SUBSEQUENT PURCHASERS, SUCCESSORS IN INTEREST OR ASSIGNS OF THE REAL PROPERTY SUBJECT TO THE ORDER; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; REPEALING ORDINANCES IN CONFLICT; (TITLE ONLY) - PASSED ON FIRST READING (AGENDA ITEM IV-3) #1 (3440) through #2 (0434) Mark Singer, City Attorney's Office; Jack Gurney, Chairman, and Linda Holland, Member, Nuisance Abatement Board (NAB), came before the Commission. Mr. Gurney stated that the NAB supports the adoption of proposed Ordinance No. 96-3950; that presenting a nuisance abatement case is time-consuming and expensive; that police officers must come forward to testify; that an 80- to 100-page casebook, containing data based upon arrests and seizures, must be compiled; that the NAB requests authority to levy a sanction to cover the processing costs against a property owner whose property constitutes a Book 40 Page 13340 06/17/96 6:00 P.M. Book 40 Page 13341 06/17/96 6:00 P.M. nuisance; that the Police Chief currently notifies the property owner by letter when three criminal infractions have occurred upon a property; that the neighbors are forced to endure months of nuisance before a case comes before the NAB; that the property owner who corrects the nuisance a few days prior to the NAB hearing avoids the fines; that the NAB requests authority to levy fines against the property owner retroactive to the date of notice; that a property owner who contacts the Public. Safety Department upon receiving notice and brings the property under compliance will not face sanctions. Mayor Cardamone asked if fines accumulate retroactively under the Code Enforcement Special Master? Mr. Singer stated that the City previously required property owners who had not corrected code enforcement problems by a date certain to appear before a Code Enforcement Board; that fines were not imposed unless the property owner failed to take action after being given the opportunity to do sO by the Board. Mr. Singer continued that the Code Enforcement Special Master process was established to shorten the length of time required to issue fines; that a property owner in violation of the city Code is issued a citation; that the fine is effective and carried forward after a specific number of days of continued violation; that the property owner has a right to a hearing before the Special Master and the opportunity to appeal the Special Master's decision; that the Special Master reviews the violations and fines to date, decides whether to ratify the existing fine, or impose new fines up to the maximum amount if the violation has not been corrected. Commissioner Patterson stated that the Special Master has the authority to mitigate fines; and asked if the NAB has equal powers? Mr. Singer stated yes; that the proposed ordinance incorporates many features existing in the Code Enforcement Special Master process; that the existing ordinance does not provide for an automatic fine to be imposed; that of the three predicate crimes of narcotics, prostitution or gang activity, the sale of narcotics from a residence is the primary issue addressed by the NAB; that the property is considered a nuisance once three crimes have been committed on the property within a six-month period; however the property owner is not fined until the property is declared a nuisance and the owner comes before the Board; that property owners tend to correct the problem immediately before the hearing; therefore, the NAB has requested additional authority be granted to address unanticipated problems with the process. Mr. Singer continued that Section 1 of the proposed ordinance grants the NAB authority to levy a fine, impose the costs of the process, and abate the nuisance through appropriate action against the property owneri that the City Code currently grants authority to the NAB to enforce an order for one year but does not indicate specific actions; that the proposed ordinance would provide the NAB authority to find the property owner in violation if the nuisance reoccurs; that the NAB can levy new fines, or take other appropriate action against the property owner. Mr. Singer further stated that a property was transferred to another party during one of the hearing processes in an attempt by the property owner to avoid the fines; that Section 2 (3) of the proposed ordinance states: A fine imposed pursuant to this Division shall continue to accrue until the property owner satisfies the conditions required by the order of the Board... Mr. Singer stated that the proposed ordinance binds the order on all successors and interests or assigns; that a change in property ownership will not terminate the jurisdiction of the NAB. Mr. Singer continued that cases brought before the NAB are being actively publicized to warn property owners that the City will not tolerate continued violations; that police officers and the NAB are working in conjunction to maintain vigilance over properties located in the City; that stiff fines will be levied against property owners who do not control tenant activity. Mayor Cardamone stated that the process requires strengthening to give the NAB more jurisdiction; that the proposed ordinance may need further refinement in the future. Commissioner Patterson stated that a synopsis of a bill passed during this year's legislative session, facilitating evictions of tenants in nuisance abatement cases, was forwarded to the Police Chief. Mr. Gurney stated that Mr. Singer's background in code entorcement has been invaluable to the NAB. Ms. Holland stated that Mr. Singer has also eased the learning experience for members of the NAB. Commissioner Dupree stated that commendation is offered; and asked if difficulty exists in collecting fines from property owners who refuse to appear at hearings? Mr. Gurney stated that the authority of the NAB will be tested by a recent order issued; that a daily fine is currently accruing against a property owner ordered to evict a tenant; that the tenant has not yet been evicted. Book 40 Page 13342 06/17/96 6:00 P.M. Book 40 Page 13343 06/17/96 6:00 P.M. Mayor Cardamone asked if the property will be closed and boarded up for one year if the property owner does not comply? Mr. Singer stated that the City possesses the power to enforce a closure; however, the Second District Court of Appeals has entered a ruling mandating the government to pay the cost of a business throughout the time of closure. Mayor Cardamone asked if the rule applies to a business declared a nuisance to the community? Mr. Singer stated that the Closure of a nuisance is viewed as a temporary inverse condemnation; that the NAB has been advised to proceed with extreme caution when contemplating the closure of a business. Commissioner Dupree asked if the City will be ordered to pay an amount equal to the income earned by the proprietor? Attorney Singer stated yes. Mr. Singer stated that alternatives are pursued to abate the nuisance; that, for example the NAB has the right to petition the Circuit Court to enforce the order against the property owner. Mayor Cardamone opened the public hearing. There was no one signed up to speak and Mayor Cardamone closed the public hearing. City Manager Sollenberger stated that the Administration recommends passing proposed Ordinance No. 96-3950 on first reading. City Auditor and Clerk Robinson read proposed Ordinance No. 96-3950. On motion of Commissioner Patterson and second of Commissioner Dupree, it was moved to pass proposed Ordinance No. 96-3950 on first reading. Mayor Cardamone requested that City Auditor and Clerk Robinson proceed with the roll-call vote. Motion carried unanimously (4 to 0): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes. 10. CITIZENS I INPUT CONCERNING CITY TOPICS: ADMINISTRATION TO ADDRESS BAYOU OAKS NEIGHBORHOOD ASSOCIATION'S REQUEST FOR FOUR NEIGHBORHOOD WATCH SIGNS (AGENDA ITEM VI) #2 (0435) through (10156) The following people came before the Commission: Thomas George, 1891 Rita Street (34231), stated that the proposed curfew for young people, 16 and under raises questions; and asked the reasons and objectives for the Commission's imposing a curfew? Mayor Cardamone stated that the Commission has not voted to impose a curfew; that the actions of other communities are under review; that prior to a vote, a democratic process is held and a public hearing at which the citizenry is allowed to voice their opinion is conducted; that no date has been scheduled for a public hearing as the Commission has not determined the need to continue exploration of the issue. Commissioner Patterson stated that a number of young people have signed up to speak on the issue; that the Commissioners have never held a formal discussion on a curfew; that no proposal has been considered to draft an ordinance; that the subject is considered occasionally as a drastic measure; that the Commission does not anticipate discussing the subject at any foreseeable time. Commissioner Dupree stated that he views a curfew as an alternative; that much time is being devoted to develop additional, positive outlets for the City youth, for recreation, career development, and on-the-job training; that activities for youth are preferable to a curfew.. Mr. George stated that young people are not seen walking the streets; that most young people go to shows or socialize together in groups; and asked if a noticeable problem exists which would cause the Commission to consider such a measure? Commissioner Dupree stated that one reason the Commission might consider a curfew is the increase in crime on the streets perpetrated by young, people; that large numbers of young people, some of whom are using or selling drugs, have been seen on the streets until 3 a.m. or 4 a.m.; that police officers are unable to enforce the law due to the presence of such large numbers. Mr. George asked if the Commission believes that criminals who break the law will observe the curfew? Commissioner Dupree stated that criminals will break the law; that many innocent young people are present in the vicinity of criminal activity; that large gatherings of youth make law enforcement difficult for police officers. Mr. George stated that a curfew is not right; that large numbers of young people are not seen at night. Mayor Cardamone stated that Mr. George's point of view is accepted and his comments will appear in the minutes and on the videotape. Commissioner Dupree stated that a special permit was required to go out after dark when a curfew was imposed during his youth; that the right of the government to set constraints for the safety of all citizens was understood; however, the curfew was disliked. Book 40 Page 13344 06/17/96 6:00 P.M. Book 40 Page 13345 06/17/96 6:00 P.M. Mr. George stated that people standing around or loitering are not necessarily creating havoc; that the Public Safety Department should deal with lawbreakers individually; that the local youth will oppose a curfew. Commissioner Merrill stated that national curfews are for people aged 16 and under; and asked Mr. George's age? Mr. George stated that he is 15. Andy Snyder, P.O. Box 1266, Venice (34289), stated that even preliminary consideration of a curfew by the Commission is reprehensible; that a process cannot be percéived as democratic when laws affecting young people are passed by a City government which excludes young people from voting; that laws passed which affect a particular class of person are not democratic; that the Constitution states that no discrimination is allowed based upon race, age, class, creed or color; that passing a curfew is wrong whether passed against Mormons, black people, white people, or people aged 16 and under; that a democratic City should not considered passing a measure as undemocratic as a curfew. Mayor Cardamone asked if Mr. Snyder, as a representative of Project Adventure, attended the meeting at which activities for youth in the City and the County were discussed. Mr. Snyder stated yes. Mayor Cardamone stated that the Commission is seriously concerned with providing activities and healthy, wholesome, recreational outlets for youth. Arlene Oakes, 4051 Asbury Place (34233), stated that the Commission's decision to defer the issue of a curfew is appreciated; that her two teenagers are very active with Teen Court, the Riverview Kiltie Band, and several other teen-oriented functions in the City; that young people do not necessarily return home immediately after the conclusion of events; but should not be punished for being good kids; that a sufficient number of ordinances should exist to stop the loitering, vandalism, and other criminal behavior without limiting the freedoms of well-behaved, good youth. Robert Barnhart, 101 South Gulfstream Avenue, #14F (34236). Chairman, Bayfront Property Owners Committee, stated that the Bayfront Property Owners Committee is comprised of 12 condominiums along South Gulfstream Avenue, including Bay Plaza, Dolphin Tower, Embassy House, Essex House, Gulfstream Tower, Palm Place, Regency House, Royal St. Andrew, St. Regis, Versailles, and the two new structures under construction, Sarabande and Tierra; that loud noise from Downtown bars, disturbing residents in nearby condominiums, particularly Dolphin Tower, was addressed at the June 3, 1996 regular Commission meeting; that the anti-noise ordinance currently outlawing loud and raucous noise does not specify measurable limits; that he has conducted a survey of condominiums represented by the Bayfront Property Owners Committee which reveals that residents located south of Ringling Boulevard have not experienced the noise problem reported by Dolphin Tower; however, support a revised ordinance leading to better enforcement to show support for Dolphin Tower and to prevent future establishments from generating similar, disturbing noise levels. Mr. Barnhart continued. that the new library proposed for the Downtown area was also addressed at the June 3, 1996, regular Commission meeting; that a survey of condominium residents indicates support for a library at Five Points; that a well- designed library building will improve the appearance of the Downtown area and also provide convenience for residents. Commissioner Patterson stated that the noise issue will be addressed later in this meeting under Agenda Item VII-2. Mr. Barnhart presented Mayor Cardamone with two letters which reiterated the position of Bayfront Property Owners' Committee. Mayor Cardamone stated that the letter regarding support for the decision to locate the library downtown will be forwarded to the County. Ryan Crosby, 4460 Cocoanut Avenue (34234), representing Bayou Oaks Neighborhood Association, stated that the Bayou Oaks Neighborhood Association is newly formed to address the needs of the large neighborhood whose boundaries run from south of University Parkway to Dr. Martin Luther King, Jr., Way, traveling west to U.S. 41, and east to the railroad tracks; that approximately 50 people attended the second of two meetings held to date; that beautification and neighborhood safety are the immediate goals of the association; that beautification includes planning, solving problems with litter, working with Code Enforcement, and pursuing a grant from Keep Sarasota Beautiful to establish a neighborhood garden; that the neighborhood is addressing safety by reactivating and expanding the Neighborhood Watch Program; that many people in the community and the City have offered support, including Commissioner Dupree, the neighborhood liaison; Linda Holland, Coalition of City Neighborhood Associations, Alex Boudreau, Senior Civil Engineer; Sandra Washington, Keep Sarasota Beautiful; and Mayor Cardamone who will speak at the Association's July meeting; that four neighborhood watch signs are requested to assist the citizens' efforts. Commissioner Patterson stated that the request should be directed to City Manager Sollenberger. Book 40 Page 13346 06/17/96 6:00 P.M. Book 40 Page 13347 06/17/96 6:00 P.M. City Manager Sollenberger stated that the Administration will address the issue. 11. UNFINISHED BUSINESS: REPORT RE: RINGLING CAUSEWAY REPLACEMENT BRIDGE DESIGN THEME SELECTION (AGENDA ITEM VII-1) #2 (1015) through (1155) Dennis Daughters, Director of Engineering/City Engineer, came before the Commission and stated that the Florida Department of Transportation (FDOT) reviewed and fully supports the process proposed for selecting an aesthetic design theme for the Ringling Causeway Bridge replacement project; that Dean Van Landuyt, a structural aesthetics designer recommended by Charles Kuykendall, the architect whose design was originally selected by the Commission, is very enthusiastic regarding the process; that the Aesthetic Task Team, the Gulf Coast Chapter of the AIA, and the Foundation for Excellence in Architecture have been contacted and apprised of the process which the City intends to pursue; that the Request for Proposal (RFP) to retain a structural design engineer has been prepared and submittals are due on June 26, 1996; that several individuals throughout the United States have expressed interest in the RFP; that a recommendation on the selection of a structural design engineer will be presented at the July 1, 1996, regular City Commission meeting. Marcelle Wolf, 445 McKinley Drive (34236) representing. the Lido Key Residents Association, stated that great strides are sometimes achieved when a process moves slowly; that the City is united in a way never before experienced; that the FDOT and the Engineering Department working in conjunction offers great encouragement; that support is offered to achieve the process within the time frame established; that the Commission's strong position in support of a signature bridge for Sarasota is commended. 12. UNFINISHED BUSINESS: REPORT RE: REGULATION OR PROHIBITION OF AMPLIFIED MUSIC OUT-OF-DOORS, IN THE C-CBD ZONE, AND BACKGROUND AS TO EXISTING NOISE ORDINANCE REGULATIONS - DIRECTED ADMINISTRATION TO ENFORCE EXISTING NOISE ORDINANCE BY: ASSESSING AND CITING LEMON COAST BAR REGULARLY WHEN THE LOUD AND RAUCOUS STANDARD IS VIOLATED; REQUIRING LEMON COAST BAR TO TURN MUSIC DOWN OR CLOSE WHEN CITED; AND ENFORCING ORDINANCE AT ALL HOURS OF THE DAY (AGENDA ITEM VII-2) #2 (1156) through (3636) City Attorney Taylor stated that the Administration intends to present a proposed ordinance prohibiting amplified music out-of- doors in the Commercial, Central Business District (C-CBD) to the Commission on July 1, 1996; that amplified music in the C-CBD Zone District will be prohibited unless played within a completely enclosed building, the definition of which is being developed and will describe a building with solid walls and a roof, designed to contain sound, rather than a canvas enclosure or a wall with a gap between the top of the wall and the roof; that the proposed ordinance will provide an exemption for special events. City Attorney Taylor continued that Commission direction is requested to clarify whether the proposed ordinance should ban amplified music 24-hours per day or carry specific time limitations, banning the music, for example, from midnight to 7 a.m. on weekends; that a total prohibition will be drafted if the Commission does not specify time limitations. Commissioner Patterson asked if her husband's legal representation of the owner of the Main Street Depot requires that she declare a conflict of interest and abstain from voting on this issue? City Attorney Taylor stated no; that Commissioner Patterson's husband is not currently representing the owner before the Commission; that the regulation will apply throughout the C-CBD Zone District and is not site specific to the Main Street Depot; therefore, Commissioner Patterson is permitted to vote on this issue. Peter Hickman, 101 South Gulfstream Avenue (34236) and Joyce Mintzer, Dolphin Tower (34236), representing Dolphin Tower Condominium Association, came before the Commission. Ms. Mintzer stated that amplified music has been the source of 75% of the noise complaints in the Downtown area since January 1996; that additional entertainment establishments are planning to open in the Downtown; that strong, enforceable regulations are required; that an ordinance which bans amplified music without a time limitation is necessary as the existing loud and raucous standards cannot be enforced; that an ordinance prohibiting noise between 10 p.m. and 7 a.m. would subject residents to amplified music played between 7 a.m and 10 p.m. on Sundays; that time limitations will cause numerous complicated conditions to be placed in an ordinance; that special events, such as the Fourth of July festivities should be exempted; that the neighborhood residents can expect no remedy except from the law, and ask the Commission for help. Mr. Hickman stated that a letter listing measures planned to reduce noise, including an appointment scheduled with a sound engineering consultant, was received from the manager of the Lemon Coast Bar; however, the noise began in January and six months later the noise level has not diminished; that an enforceable ordinance is required soon as Dolphin Tower Condominium Association does not wish to be constantly addressing noise problems created in the future by additional establishments slated to open. Mayor Cardamone asked if a telephone call or a letter was received from the owners of the Lemon Coast Bar? Book 40 Page 13348 06/17/96 6:00 P.M. Book 40 Page 13349 06/17/96 6:00 P.M. Mr. Hickman stated that a letter was hand-delivered and a brief discussion held with one of the managers; that the manager was urged to implement improvements as quickly as possible; that the communication with the management of the Lemon Coast Bar was appreciated. Ms. Mintzer stated that no change was discerned in the noise level during the weekend which followed the discussion between Mr. Hickman and the manager of the Lemon Coast Bar. Mayor Cardamone stated that she had urged the owners of the Lemon Coast Bar to contact and apprise the residents of Dolphin Tower of measures they are currently implementing; that the owners had indicated no noise complaints had been received in over three weeks and were advised that procrastination in addressing the issue may lead to unfavorable results; that the owners were informed that the noise had not been reduced to the satisfaction of the neighborhood residents. Mr. Hickman stated that noise complaints have decreased because the problem has entered the public forum and received the Commission's attention. Mayor Cardamone asked if the owners of the Lemon Coast Bar specified any time frame within which the problem with amplified music would be rectified? Mr. Hickman stated no. John Lewis, Director of Public Safety, came before the Commission and stated that the Management Response Team sent an invitation to the Downtown Association, the owners of the Lemon Coast Bar, and the Main Street Depot, to meet at 9 a.m, on June 20, 1996. City Attorney Taylor asked if the proposed ordinance should be drafted as an outright, complete ban or should amplified music be allowed between certain hours? Mayor Cardamone asked for clarification of the definition of an enclosed structure? City Attorney Taylor stated that drafting an ordinance completely prohibiting amplified music out-of-doors in the C-CBD Zone District would required inclusion of a specific definition to allow amplified music in establishments with walls and a ceiling built to contain sound. Commissioner Merrill stated that noise from amplified music played in enclosed structures at the Quay create the greatest problem in the City; that enjoyable jazz music from Bellini's floats out to sidewalk tables and chairs through sliding glass doors; that the amplified music causes no problems and creates a nice ambience; and asked if the open doors at Bellini's would constitute a violation of the proposed ordinance? City Attorney Taylor stated yes. Commissioner Merrill stated that the Gator Club and Cha Cha Cocoanuts leave doors open on nice evenings allowing music to drift out; that making amplified music legal only within enclosed establishments would not solve the noise problems at the Quay; that the ordinance should concentrate upon noise standards within reasonable time limitations; that establishments which are causing no problem should not be penalized; that the wisdom of choosing a quick and easy solution of total prohibition is questioned. Commissioner Patterson stated that sitting on the sidewalk outside Bellini's is an enjoyable experience; however, most cities do not allow outside amplified music; that noisiness was one element referenced in a media article which assessed the desirability of residences in downtown areas; that the noisiness in the City of Sarasota was rated at 9.5 while the ratings of most of the other cities rated were under 3; that a gentleman from East Sarasota, who intended to hold a special event in Gillespie Park which would include the playing of amplified music between 1 and 5 p.m. advanced the courtesy of asking the neighborhood residents if any objection would be raised; that the residents of Gillespie Park indicated an objection to any amount of amplified music being played; that the former ordinance which included decibel measurements did not address the noise problem to any extent greater than the existing loud and raucous standards; that an ordinance prohibiting all outside amplified music appears to be the only solution. Mayor Cardamone stated that penalizing courteous establishments is not the intention of the Commission; that amplification was previously perceived as music played loudly through large speakers; and asked if all music played over a microphone is considered amplified? City Attorney Taylor stated yes. Mayor Cardamone asked why police offers do not enforce the existing ordinance and require a proprietor stop playing loud and raucous music at 2:00 a.m.? Director Lewis stated that his understanding was that the proposed ordinance will not require citations to be issued to establishments from which amplified music drifts outside through open doors. City Attorney Taylor stated that the proposed ordinance is a complete prohibition; that an establishment will not be considered Book 40 Page 13350 06/17/96 6:00 P.M. Book 40 Page 13351 06/17/96 6:00 P.M. completely enclosed if doors are left open; therefor will be in violation of the proposed ordinance if amplified music drifts outside. Director Lewis asked if police officers can cite an establishment if the sound of amplified music escapes from a completely enclosed building? City Attorney Taylor stated that police officers can cite an enclosed establishment if the music is considered loud and raucous. Commissioner Patterson stated that doors to an establishment must be kept closed in order to comply with the proposed ordinance. City Attorney Taylor stated that is correct. Director Lewis stated that loud and raucous music escaping through doors left open at Quay establishments is the source of noise complaints from the residents of the 888 Quay/Hyatt Basin; that the citations are issued if police officers determined the music to be loud and raucous. Mayor Cardamone asked the procedure followed when an establishment is cited? Director Lewis stated that the doors must be closed and the music turned down; that occasionally, a violation is avoided as the establishment closes the doors prior to arrival of the police; that the police officer responding to a noise complaint may not perceive the music to be as loud and raucous as a resident who hears the sound every day; that the proposed ordinance prohibiting any amplified music heard outside an enclosed building is supported; that police officers would no longer have to determine what constitutes loud and raucous. Commissioner Patterson asked if Director Lewis believed the proposed ordinance would allow an establishment to leave doors open? Director Lewis stated that the proposed ordinance is understood to not warrant citing an enclosed establishment if music escaping from doors is not determined to be loud and raucous. Commissioner Patterson stated that police officers will be required to cite an establishment if doors are left open under the proposed ordinance. City Attorney Taylor stated that is correct. Commissioner Patterson stated that the problem of interior amplified music escaping from doors should be addressed in a different ordinance. City Attorney Taylor stated that the Management Response leam has been working in considerable detail on the problem with noise at the Quayi that the City Attorney's Office understood a rapid measure should be drafted to solve noise complaints received from Dolphin Tower residents. Mayor Cardamone stated that the City Attorney's understanding was correct. Commissioner Merrill stated that music from Bellini's drifts gently down Main Street; that music amplified to maximum degree blares from the Lemon Coast Bar, disturbing the entire Downtown area on Sunday afternoons; and asked why music obviously so loud and raucous is not cited as a violation on a Sunday afternoon? Director Lewis stated that a police officer, upon receiving a complaint will issue a citation if the music is determined to be loud and raucous. Commissioner Patterson asked why the police wait for a complaint to be received before citing a disruptive establishment? Director Lewis stated that a police officer driving by an establishment may stop and issue a citation if the music is determined to be loud and raucous; that some establishments play music which is loud and raucous 10 feet from the establishment but not heard at the nearest residential unit two blocks awayi that police officers do not generally issue citations unless a complaint is received. Commissioner Patterson stated that other ordinances are enforced as matters of law; that the Lemon Coast Bar, the Main Street Depot, and at least one of the Quay establishments have generated approximately 100 noise complaints over the past two years; that instructions to police officers should change if current policy requires a citizen complaint to take action. Director Lewis stated that citations are occasionally issued by police officers without receipt of a complaint; that the administrative directive is not clear regarding issuance of citations when the nearest residential unit is five or ten blocks away; therefore, police officers have not been instructed to drive by establishments to determine if their music is loud and raucous. Mayor Cardamone asked if the City allows the Lemon Coast Bar to blast amplified music at 2 a.m. simply because the residents are Book 40 Page 13352 06/17/96 6:00 P.M. Book 40 Page 13353 06/17/96 6:00 P.M. tired of complaining and have exhausted efforts to stop the problem? Director Lewis stated that a citation is issued if a police officer hears loud and raucous noise from a residential area; that determining if a problem exists in an adjacent residential area is difficult to determine while standing ten feet from an establishment. Mayor Cardamone stated that the Commission does not wish to appear to be difficult; that the owner of the Lemon Coast Bar had visited the top of the Dolphin Tower building and agreed that amplified music could be heard over the sound of a large air conditioning system; that the amplified music from the Lemon Coast Bar, directed toward Dolphin Tower due to air flow, continues to disturb the residents after midnight; that police officers should require the business owner to stop the noise without receiving a complaint. Director Lewis stated that Downtown police officers have spoken to the management at the Lemon Coast Bar; that Dolphin Tower has provided a key to a police officer who can visit the roof of the condominium building to determine if the music emanating from the Lemon Coast Bar is loud and raucous, and if appropriate, issue a citation; that the difficulty of determining loud and raucous standards in the C-CBD Zone District has prevented police officers from issuing citations. Mayor Cardamone stated that a police officer should visit Dolphin Tower every evening at 11 p.m. and require the Lemon Coast Bar to stop playing music if the sound can be heard from the condominium building. Commissioner Dupree stated that amplified music will not appear offensive to a police officer accustomed to loud music whereas a police officer who dislikes loud music will find it offensive; that a level of sound unbearable by most people should be ascertained and a violation of the law occur when the level of sound, measured by a machine, exceeds the established level; that police officers determining what is loud and raucous is subjective; that an ordinance referencing a method of measurement and enforceable standards should be drafted. Director Lewis stated that the Management Response Team has concluded that loud and raucous requires a subjective opinion; that the location of an individual hearing the noise is relevant; that wind direction, volume, and the opening or closing of windows all contribute to subjective determination; that the Request for Proposal (RFP) addressing the problem at the 888 Quay/Hyatt Basin has been drafted to determine how sounds compare to specific levels of noise; that the previous use of decibel meters was abandoned as positioning of a minimum number of correctly calibrated meters would have been required by police officers trained to use the equipment. Commissioner Patterson stated that a citizen from the north part of town reported that all the words of a song being played by a band at the Quay could be distinguished at 2 a.m; that involvement by the City Manager in solving the noise problem is required; that she will vote to ban all outdoor amplified music if a complete change of instructions is not issued to police officers. Director Lewis stated that total prohibition has been requested as the police officers find the loud and raucous standard difficult to enforce; that the proposed ordinance will enable police officers to cite any establishment from which amplified music drifts outside. Commissioner Merrill stated that decibel meters do not judge irritating, thumping-beat sounds which obstruct a person's sleep; that an ordinance should be drafted which will allow open doors at establishments such as Bellini's, Cha Cha Cocoanuts, or the Gator Club; that the Main Street Depot can be heard at Five Points on a weekday afternoon; that the Lemon Coast Bar is too noisy; that an ordinance combining the loud and raucous standard with a decibel meter placed one block away may produce results; that many establishments have reasonable standards established by the proprietor; that Bellini's does not increase amplification to an objectionable point; that a balance must be found between establishments which are objectionable and those which are not. City Attorney Taylor stated that internal problems with resources in the police department have deterred the use of decibel meters; however, a decibel standard is preferable to the loud and raucous standard as defined by the Supreme Court. Mayor Cardamone stated that large sound systems used by bars have meters controlling the sound level; and asked if police officers can enter establishments and check the meter levels? City Attorney Taylor stated no; that standards regarding sound equipment have not been established. Mayor Cardamone asked if a standard could be determined for sound equipment? City Attorney Taylor stated that the maximum number of amps allowable within acoustic parameters could be determined by experts; however violations of such a maximum would be difficult to prove. Commissioner Patterson. stated that proprietors would turn down the music as soon as the police officer arrives. Book 40 Page 13354 06/17/96 6:00 P.M. Book 40 Page 13355 06/17/96 6:00 P.M. Mayor Cardamone stated that time limitations should be addressed; that loud and raucous music continues to play until 2 a.m.i and asked if an enforceable measure could be immediately drafted to have amplified music cease at 11 p.m. on weekdays? City Attorney Taylor stated that an ordinance would have to be passed in the interest of the public health, safety, and welfare. Mayor Cardamone stated that immediate action is required to address a problem with noise which has reached a critical stage. City Attorney Taylor stated that an ordinance including time limitations could be drafted for presentation at the July 1, 1996, regular Commission meeting. Mayor Cardamone stated that the Commission requested the City Attorney return with a proposal at tonight's meeting to address the urgency of the noise problem in the Downtown area; that assurances were given by the owners of the Lemon Coast Bar that attempts would be made to address the noise problem with installation of baffles and rearrangement of the band; that she informed the owners of the jeopardizing position in which the establishment has been placed due to a failure to cooperate with the residents in the past. City Attorney Taylor stated that drafting an ordinance for public hearing at the July 1, 1996, regular Commission meeting was originally intended; and asked if the Commission would prefer an ordinance be brought back for introduction prior to scheduling the public hearing. City Manager Sollenberger stated that an ordinance may not be ready for public hearing based on the discussion at this meeting; that the Administration will work with the City Attorney and return with recommendations for an ordinance at the July 1, 1996, regular Commission meeting. Mayor Cardamone asked if an ordinance can be brought back which includes time limitations for outdoor amplified music? City Attorney Taylor stated that various alternatives will be discussed with the Administration; that an ordinance could be drafted with the addition of time limitations and an exemption for businesses which comply with decibel readings taken a specific number of feet from the premises; however, a problem will be encountered if the necessary meter equipment is not available. Commissioner Patterson stated that a sound system expert should be consulted. Director Lewis stated that the RFP previously mentioned addresses the hiring of a sound system expert; that submittals are due later this week. Commissioner Patterson stated that decibel meters are not under immediate discussion; that an expert, familiar with current sound systems, could determine an appropriate level above which amplification should be prohibited; that Jazz musicians and rock and roll bands do not use equal levels of amplification; that an expert in the field of music could assist the Administration in determining feasible amplification levels for inclusion in an ordinance. Commissioner Merrill stated that the existing loud and raucous standard should be enforced if the noise emanating from the Lemon Coast Bar continues after midnight or is heard on Sunday afternoons. Commissioner Patterson stated that allowing the noise to continue until midnight on weekdays is not appropriate. Commissioner Merrill stated that the Lemon Coast Bar and the Main Street Depot are the loudest establishments in Downtown; that the loud and raucous standard should be applied from a position directly in front of each establishment after a certain hour. Director Lewis stated that review of reports prepared by the Police Services Bureau reveal that 99% of the noise complaints originate from amplified music played at four different establishments in the City; that an ordinance would be unnecessary if the establishments in question practiced voluntary self-regulation; that new clubs opening within the City limits pose similar problems. Mayor Cardamone stated that the owners of Lemon Coast Bar offered to install baffles, rearrange the position of the band, and reduce the volume by 25%; that the owner of the Main Street Depot, upon receiving complaints from Laurel Park neighborhood residents, rearranged the position of its band; that the band now plays facing to the north where noise travels a great distance before reaching residential units. Director Lewis stated that the example provided indicates the difficulty police officers are having with the existing policy; that positioned on the sidewalk in front of the Main Street Depot, a police officer would have determined the music to be loud and raucous although the arrangement of the band reduces the impact on residential areas. Commissioner Patterson stated that the Main Street Depot is loud and raucous with or without residents' complaints; that the Downtown area would benefit from the music being turned down. Book 40 Page 13356 06/17/96 6:00 P.M. Book 40 Page 13357 06/17/96 6:00 P.M. Director Lewis stated that police officers can be directed to assess the level of music from a specified distance and issue citations to any establishment determined to be emitting loud and raucous music. Commissioner Merrill stated that directing such a policy after midnight is supported. Director Lewis stated that the police can issue a citation at whatever time the Commission deems appropriate. Commissioner Merrill stated that requiring amplified music to cease at 9 p.m during the week and at midnight on Friday and Saturday should be considered. Mayor Cardamone stated that she does not support following the procedure suggested by the Administration to introduce an ordinance at the July 1, 1996, meeting; that action will be delayed for seven weeks if an ordinance is introduced at the July 1, 1996, meeting, set for public hearing, and two public hearings subsequently held; that the residents of Dolphin Tower have been subjected to noise problems for months; that immediate action is required. Mayor Cardamone stated that the amplified music heard at the Dolphin Tower on a Sunday afternoon should not be allowed to continue. Commissioner Patterson stated that the neighborhood residents deserve immediate relief; that enforcing the loud and raucous standard only after a certain hour could present problems; that banning all outdoor amplified music after midnight would be clear and easy to enforce. Commissioner Merrill stated that the existing ordinance prohibits loud and raucous noise after midnight; that banning music after midnight will not impede loud and raucous noise at 10 p.m. Commissioner Patterson stated that noise defined as loud and raucous is illegal at any time but is not being enforced. Commissioner Merrill stated that the former noise ordinance referenced decibel readings which became effective at 10 p.m. during the week and at midnight on weekends. City Attorney Taylor stated that the original ordinance, which was based on decibel readings, provided for two levels of sound, one which was acceptable between 10 p.m. and 7 a.m. and another which was acceptable between 7 a.m. and 10 p.m. Commissioner Merrill stated that City resources should not be wasted harassing courteous, nonoffensive establishments; that the music at the Lemon Coast Bar is loud and raucous; that the owners should be compelled to reduce noise and control the volume of music to create an acceptable level of sound; that the existing ordinance should be enforced. Mayor Cardamone stated that hearing no objection, the Administration is directed to enforce the existing ordinance by issuing the following directive to the Police Services Bureau effective June 18, 1996: 1) the Lemon Coast Bar be assessed regularly and the owners noticed when the loud and rauçous noise standard indicated in the existing ordinance is violated, 2) at the time notice is issued, the Lemon Coast Bar be required to either turn the music down or close the establishment, and 3) the ordinance to be enforced at any time of the day, including 2 p.m. on Sunday atternoon. Commissioner Patterson requested that the neighborhood residents inform the Commission at the next meeting if clarifying the policy for the Administration has not produced acceptable results. Director Lewis stated that for clarification the Commission directive is to enforce the existing ordinance by issuing citations any time a police officer determines the music to be loud and raucous? Mayor Cardamone stated yes. Commissioner Merrill stated that the loud and rauçous standard is to be applied at the front door of an establishment. Mayor Cardamone stated that the police officers are directed to make a judgement call; that a police has cause to judge music as loud and raucous if music emanating from one establishment is louder than music coming from another establishment and can be heard from within the police car. Commissioner Patterson stated that the Lemon Coast Bar is the only establishment playing music at late hours; that music heard as an establishment is passed by a police officer in a vehicle with the windows closed and the air conditioning running would constitute loud and raucous. City Attorney Taylor asked if drafting an amendment to the noise ordinance should be delayed until the effectiveness of the Commission directive is evaluated and a report provided to the Commission. Mayor Cardamone stated that a problem will no longer exist if the direction is successful. Book 40 Page 13358 06/17/96 6:00 P.M. Book 40 Page 13359 06/17/96 6:00 P.M. Commissioner Merrill stated that an ordinance addressing measurement of sound by decibel should still be pursued. Mayor Cardamone stated that decibel measurements will be readdressed upon receipt of the Management Response Team's report. Commissioner Dupree asked if the City has investigated procedures used by surrounding municipalities to prevent problems with amplified music? Commissioner Patterson stated that only a city with a lively downtown could offer relevant procedures to combat noise problems; that Downtown Sarasota was inactive six years ago and the Commission does not wish to implement a policy which will impair the newly revitalized Downtown area. Mayor Cardamone stated that the Lemon Coast Bar will have the opportunity to install baffles and adjust sound control while the Commission awaits the Management Response Team's report; that police officers now have clear direction regarding enforcement of the existing ordinance. Commissioner Patterson stated that a method of measuring amps would be preferable to an individual police officer's determining what constitutes loud and raucous; that preparation of an ordinance may be directed after the report from the Management Response Team is received. Director Lewis stated that one citizen suggested installation of meters at the origin of sound; that the meters would register sound levels throughout the day enabling police officers to confirm unacceptable sound levels recorded prior to their arrival. The Commission recessed at 9:02 p.m. and reconvened at 9:12 p.m. 13. NEW BUSINESS: APPROVAL RE: MODIFICATION OF ORDINANCE NO. 96-3923 - (TOWLES COURT) = REAFFIRMED LEGISLATIVE INTENT TO APPLY TIME EXTENSION TO INTERNAL INFRASTRUCTURE (AGENDA ITEM VIII-1) #3 (0040) through (0240) Commissioner Patterson stated that her husband represents Beverly Hills Associates, developers of the Towles Court Project; therefore, she declares a conflict of interest and will not vote on this item. Commissioner Patterson left the Commission table. City Manager Sollenberger stated that Timothy Litchet, Manager of Zoning and Code Enforcement, has experienced difficulty interpreting Ordinance No. 96-3923, which amended Ordinance No. 95-3862 regarding the deadline for completion of the internal infrastructure, including a sculpture garden and interior sidewalk, within Towles Court; that the original ordinance was amended to extend the time frame to February 1997 for obtaining Certificates of Occupancy for two structures and obtaining a building permit for construction on another structure; that the ordinance did not specifically extend the time for completion of the infrastructure; however, the language in the amendment could be interpreted to achieve the same result. City Manager Sollenberger continued that a declaration from the Commission clarifying the legislative intent of the amendment will simplify the process; that further amendment to the ordinance would be time-consuming and costly; that the City Attorney has been consulted on the matter; that the time allowed for completion of the interior infrastructure items expires June 19, 1996; and asked if the intent of the Commission was to extend the completion of the infrastructure items on the private property to coincide with the extension to February 1997 for the Certificates of Occupancy? Commissioner Merrill stated that he understood the previously approved extension included the infrastructure items. Mayor Cardamone stated that the Commission intended to include the infrastructure items in the time extension; that other revisions required may have confused the issue. City Manager Sollenberger stated that the Administration recommends the Commission reaffirm the legislative intent of Ordinance No. 96- 3923 was to extend the time for completion of the interior infrastructure to coincide with the extension granted for completion of Certificate of Occupancy permits for the houses cited in the ordinance. On motion of Commissioner Merrill and second of Commissioner Dupree, it was moved to reaffirm the legislative intent of Ordinance No. 96-3923 to extend the time for completion of the interior infrastructure to coincide with the time extended for completion of Certificate of Occupancy permits for the houses cited in the ordinance. Commissioner Dupree stated that an individual involved asked if the interior sidewalks are expected to be constructed prior to the completion of the buildings? City Manager Sollenberger stated yes; that construction of the interior sidewalks would be scheduled prior to completion of the houses if the motion passes. Mayor Cardamone stated that the project has been beneficial for the neighborhood, has provided an excellent opportunity to clean up the Book 40 Page 13360 06/17/96 6:00 P.M. al Book 40 Page 13361 06/17/96 6:00 P.M. area, and is aesthetically pleasing; that delaying the project makes no sense. Mayor Cardamone called for a vote on the motion. Motion carried unanimously (3 to 0): Dupree, yes; Merrill, yes; Patterson, abstained; Cardamone, yes. Commissioner Patterson returned to the Commission table. 14. NEW BUSINESS: APPROVAL RE: EXPIRATION OF CONDITIONAL REZONING AND SITE AND DEVELOPMENT PLAN APPROVALS - DIRECTED CITY ATTORNEY TO PREPARE ORDINANCE TO SUSPEND OPERATION OF ZONING CODE SECTION 4-10(F)(1) (AGENDA ITEM VIII-2) #1 (0241) through (0320) Timothy Litchet, Manager of Zoning and Code Enforcement, came before the Commission and stated that three conditional rezoning and site and development plan approvals have expired pursuant to the terms of their respective rezoning ordinances; that the expired approvals include a retail store project at 1040 University Parkway, an open air facility at 450 North Tamiami Trail, and the Sarasota Hotel and Marina, at 1201 North Tamiami Trail. Mr. Litchet continued that traditionally, the City Auditor and Clerk is notified that the expirations have occurred and the rezonings are scheduled before the Commission to obtain approval for reverting the property back to the original zoning categories; however, the Administration recommends against automatically rezoning the referenced properties back to their prior zone districts; that the Land Development Regulations (LDRs) consultants have been asked to provide a recommendation addressing the expiration of conditional rezonings and accompanying site and development plans; that the City Attorney's Office has advised that the Commission has the authority to hold in abeyance the expired final site and development plans rather than automatically referring the plans to the City Auditor and Clerk; that the properties may become inconsistent with the Comprehensive Plan if rezoned to their original zoning categories. Mr. Litchet continued that the Commission is requested to direct the City Attorney to prepare an ordinance to suspend the operation of Zoning Code Section 4-10(f) (1) until such time as the update of the LDRs is adopted. Mayor Cardamone asked if other site and development plans are due to expire? Mr. Litchet stated that a few more may expire before the LDRs consultants provide their recommendation. Mayor Cardamone stated that the recommendation makes sense. Commissioner Patterson asked for clarification of the open-air facility at 450 North Tamiami Trail? Mr. Litchet stated that an open-air cafe was planned at the Normandy Motel by John Nugent; that the petitioners support the suspension of the rezonings. On motion of Commissioner Dupree and second of Commissioner Merrill, it was moved to direct the City Attorney to prepare an ordinance to suspend the operation of Zoning Code Section 4-10(f) (1) until such time as the LDRs is adopted. Mayor Cardamone called for the vote on the motion. Motion carried unanimously (4 to 0): Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. 15. BOARD APPOINTMENTS: APPOINTMENT RE: HOUSING AUTHORITY BOARD = APPOINTED LEON CAMPBELL (AGENDA ITEM IX) #1 (0327) through (0419) Mayor Cardamone stated that the letter of resignation submitted by William Campbell creates a vacancy on the Sarasota Housing Authority Board; that the City Auditor and Clerk is directed to write a letter expressing thanks for the time dedicated to the Board; that change of occupation, foreign travel, and preparation for publication of a book are understood to be factors in Mr. Campbell's resignation. Mayor Cardamone nominated Leon Campbell, a local attorney, to fill the unexpired term of William Campbell. Mayor Cardamone stated that Timothy Litchet, Manager of Zoning and Code Enforcement, advised her that Mr. Campbell previously served as a dedicated member on the Board of Adjustment; that having an attorney on the Sarasota Housing Authority Board is beneficial. On motion of Commissioner Patterson and second of Commissioner Dupree it was moved to endorse the Mayor's appointment of Leon Campbell to fulfill the unexpired term of William Campbell on the Sarasota Housing Authority Board. Motion carried unanimously (4 to 0) Dupree, yes; Merrill, yes; Patterson, yes; Cardamone, yes. Commissioner Patterson asked if the City Auditor and Clerk automatically sends a letter of thanks to people who have resigned? City Auditor and Clerk Robinson stated yes. 16. REMARKS OF COMMISSIONERS. ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X) #1 (0420) through (0584) COMMISSIONER DUPREE: Book 40 Page 13362 06/17/96 6:00 P.M. Book 40 Page 13363 06/17/96 6:00 P.M. A. stated that a call was received from an 80-year old woman, a twenty-five year resident of the City, complaining about a citation issued for failure to properly locate her trash receptacle; that the receptacle was on her own property near a fence but not out of sight; that many elderly citizens of limited means lack the stamina to move the receptacles or the finances to pay a $25 per day fine; that the amount of trash generated in a month by such a citizen would not fill a receptacle; that the City Manager has agreed to review the issue; that the Commission has been requested to review the impact upon the elderly caused by the ordinance regulating placement of trash receptacles. Mayor Cardamone stated that the City will collect plastic trash bags; that the Commission should recommend the use of plastic trash bags when the heavy trash receptacles become too difficult for a citizen to maneuver. Commissioner Patterson stated that the Commission should receive a brief report in six months to assess the impact of the ordinance; that the report should include the number of citizens who comply, the number of, citizens who have been fined, and if public awareness of the ordinance has caused a decline in the number of citations. Mayor Cardamone stated that all ordinances should be reviewed after a specific period of time to determine success or failure of the ordinance; and asked if a smaller container is available for citizens who have difficulty moving the large receptacle? City Manager Sollenberger stated that a smaller container is available. Mayor Cardamone stated that a smaller container would be helpful to elderly citizens. Commissioner Merrill asked if a program exists allowing citizens experiencing difficulty with the large trash receptacle to arrange for the receptacle to be moved on and off the property by City employees? City Manager Sollenberger stated that a program is available for handicapped citizens; that the Manager of Zoning and Code Enforcement will be directed to speak to the elderly citizen referred by Commissioner Dupree and to report back to the Commission. COMMISSIONER PATTERSON: A. stated that the historic plaques at the foot of Main Street at the Bayfront area are not in place; that the plaques have been undergoing repair for some time; that the plaques should be in place for the Fourth of July activities; and asked if the plaques will be returned by July 4, 1996? Mayor Cardamone asked the status of the plaques? City Manager Sollenberger stated that the city Engineer is not present at this meeting; that a response will be forwarded to the Commission. 17. AGENDA ITEM XII) #4 (0585) There being no further business, Mayor Cardamone adjourned the regular meeting of June 17, 1996, at 9:30 p.m. 507, Auticla MOLLIE C. CARDAMONE, MAYOR ATTEST:" illy & Robexcon BIBW-EV/ROBINSON, CITY AUDITOR AND CLERK Book 40 Page 13364 06/17/96 6:00 P.M.