MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 26, 1998 AT 7:00 P.M. PRESENT : Mayor Gene Pillot, Vice Mayor Jerome Dupree, City Commissioners Mollie Cardamone, David Merrill, and Nora Patterson, City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT : None PRESIDING: Mayor Pillot The meeting was called to order in accordance with Article III, Section 9(b) of the Charter of the City of Sarasota at 7:02 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. SECOND PUBLIC HEARING RE: : PROPOSED ORDINANCE NO. 98-4028, AMENDING ARTICLE VIII, ZONING CODE, TO REVISE THE DISTRICT REGULATIONS APPLICABLE TO OPEN-AIR DINING FACILITIES ON PRIVATE PROPERTY IN CONNECTION WITH RESTAURANTS; PROVIDING THAT THE BUFFER REQUIREMENTS FOR OPEN-AIR DINING FACILITIES PERMISSIBLE BY SPECIAL EXCEPTION ON PROPERTY ABUTTING OR ACROSS AN INTERVENING STREET OR ALLEY FROM RESIDENTIALLY ZONED PROPERTY SHALL NOT BE SUBJECT TO A VARIANCE PROCEDURE; AMENDING SUCH BUFFER REQUIREMENTS TO CONSIST OF A SOLID WALL WITHOUT WINDOWS; DEFINING TERMS : SETTING FORTH REGULATIONS FOR THE HOURS OF OPERATION OF OPEN-AIR DINING FACILITIES: MAKING FINDINGS AS TO NEED; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; ETC. (TITLE ONLY) ADOPTED ON SECOND READING WITH LANGUAGE AS MODIFIED BY THE CITY ATTORNEY'S OFFICE (AGENDA ITEM I) #1 (0038) through #2 (0130) Sarah Schenk, City Attorney's Office, and Timothy Litchet, Manager of Building, Zoning, and Code Enforcement, came before the Commission. Attorney Schenk stated that since the January 6, 1998, special meeting, the following changes have been made in the language of proposed Ordinance No. 98-4028: Definition of a completely enclosed building Attorney Schenk stated that the definition has been revised to clarify that new and existing establishments abutting or located across the street from residential zone districts will be required BOOK 43 Page 16116 01/26/98 7:00 P.M. BOOK 43 Page 16117 01/26/98 7:00 P.M. to obtain a special exception to keep the windows or doors open during operations. A Scrivener's correction Attorney Schenk stated that the term property is incorrectly used to designate the actual open-air dining establishment throughout the proposed ordinance; that for example, in Section 8, 54(c), on page 4, the second line states that open-air dining facilities on private property in connection with restaurants when said property abuts or is across an intervening street. from residentially zoned property. :i that the term "facility" will replace the second usage of the word "property"; that the modified language will state: 1. - .said facility abuts or is across from an intervening street... ". Buffer requirements Attorney Schenk stated that the buffer requirement is modified in Section 8-54 (c) (1) on page 4, to state that although the wall must be masonry and without windows, the Planning Board/Local Planning Agency (PBLP) or City Commission may allow the materials comprising the buffer wall to be other than masonry and may approve the installation of a window. Hours of Operation Attorney Schenk stated that Section 8-54(c) (2) relates to the hours of operation; that patrons of open-air dining facilities located more than 120 feet from a residential zone district must vacate the outdoor seats at 11 p.m. Sunday through Thursday, except on holiday eves and at 11:59 p.m. on Friday, Saturday, and holiday eves; that patrons must vacate the outdoor seats at 11 p.m., seven days a week including holiday eves if the open-air dining facility is located within 120 feet of a residential zone district. Attorney Schenk stated that the language in Ordinance No. 98-4028 is the same as presented at the January 6, 1998, regular Commission meeting with the exception of the aforementioned modifications. Mayor Pillot requested City Auditor and Clerk Robinson to explain the public hearing process. City Auditor and Clerk Robinson stated that at this time that any citizen who has signed up to speak has 5 minutes. All individuals wishing to speak during the public hearings were requested to stand and were sworn in by City Auditor and Clerk Robinson. Mayor Pillot opened the public hearing. The following people came before the Commission: Marlow Cook, 444 North Washinqton Drive (34236) representing the St. Armands Residents Association, stated that the Notice of Letter Patent, creating the John Ringling Estates, Inc., was filed on March 29, 1927, in the Office of the Governor of the State of Florida; that the first commercial encroachment into any single-family zone district was at the corner of Boulevard of the Presidents and Madison Drive, zoned for professional office with no allowable retail uses; that until January 2, 1974, two zoning classifications existed in the approximately six-acre St. Armands Circle; that the perimeter of St. Armands Circle, adjacent to single- and multiple-family residential zone districts was known as the BB-A Zone District and allowed limited business uses; that the center of the Circle, not adjacent to residential zone districts, allowed more intensely commercial uses; that no major problems occurred between business people and residents until a request for Special Exception No. 97-SE-05 was filed by the owners of Tommy Bahama's Tropical Cafe (Tommy Bahama's) in early 1997; that residents and business people lived and worked across from one another in harmony for 72 years. Mr. Cook continued that in 1983, Special Exception No. 83-SE-08 was granted to allow the French Hearth to provide 12 outdoor seats in an area limited to 175 square feet; that the special exception stated that open-air activities were prohibited from 10 p.m. to 6 a.m. and no live music or outdoor speakers were allowed; that the public record was available to the owners of Tommy Bahama's who requested a special exception to expand the 175 square feet and 12 seats to a total of 1,090 square feet and 48 seats; that the proposed expansion included 28 seats on the second-floor open balcony and 20 seats on the ground floor; that an additional request for a cafe dining permit was filed to provide 40 seats on the public right-of-way; that a total of 88 seats directly across the street from single-family residences and less than 100 feet from multiple-family residences were requested; that although the record of the limited special exception granted to the French Hearth was on the public record, a 750-percent increase in seating was requested by Tommy Bahama's whose representatives can be quoted as saying the following to representatives of the St. Armands Residents Association: "What do you expect, living across the street from commercial use? We have to compete with other facilities on the Circle. We have invested all this money. We have to make a living." BOOK 43 Page 16118 01/26/98 7:00 P.M. BOOK 43 Page 16119 01/26/98 7:00 P.M. Mr. Cook stated that the President of the St. Armands Residents Association received a letter from the corporation including the following statement regarding the application for the cafe permit: "First of all, the Administrative applications being processed by the City are not subject to broad discretionary review. They are also not to be reviewed by the general public." Mr. Cook stated that their lack of knowledge regarding the existing prohibition against live music or outdoor speakers was revealed in a letter from the Tommy Bahama's ownership which advised the St. Armands Residents Association that all outdoor speakers were removed to help mitigate the neighbors' concerns regarding music; that Tommmy Bahama ' s is a corporation which does not care about the neighbors, the ordinances, regulations, or rules of operation. Mr. Cook further stated that the management of Tommy Bahama's did not research the records of past requests for special exceptions; that Tommy Bahama's has a full liquor license; however, the special exception previously granted on which the current corporation is relying as grandfathered was permitted a beer and wine license only; that the officers of the Tommy Bahama's corporation should have researched the facts; that the residents should not be penalized for the ownership's failure to act as good businessmen and good neighbors. Mr. Cook stated further that the St. Armands Residents Association implores the Commission to adopt the proposed ordinance in the form passed on first reading; that every corner of commercial property adjacent to single-family zoned property will increase in value with the right to intensified uses if the proposed ordinance is not adopted; that open-air dining facilities and applications for cafe dining with longer hours will increase in number; that St. Armands Key has only six acres of Commercial, Tourist (CT) Zone District and 125 acres of residential zone districts; that the Commission is requested to pass the current form of the proposed ordinance and further request the Planning Department to consider reverting the zoning classifications on St. Armands Key to the standards existing prior to January 2, 1974. Hildegard Eckman, 551 South Washington Drive (34236), stated that she lives directly across from Tommy Bahama 's Tropical Cafe (Tommy Bahama's) on St. Armands Key; that a quiet restaurant existed across the street with only one door on the residential side when she and her husband bought their home 11 years ago; that patrons entered the restaurant through the front entrance on John Ringling Boulevard; that approximately five tables were provided on a small patio; that the restaurant was always quiet and closed at approximately 7 p.m. or 8 p.m. during the winter and at 6 p.m. during the summer; that music was never heard; that the second floor was occupied by a realty company which never used the balcony and kept the windows covered with vertical blinds inside; that the management, including Louis Mettler, the owner of Tommy Bahama's, have stated several times, that Tommy Bahama's in Old Naples is doing extremely well and receives no complaints from neighborhood residents; that on January 11, 1998, she and her husband drove to Naples; and held up a photographic display of the Tommy Bahama's Tropical Cafe in Naples. Ms. Eckman continued that the area around the Tommy Bahama's in Naples is strictly commercial use; that no homes can be seen in the vicinity of the establishment built on ground level and surrounded by stores and parking lots; that 80 percent of the Tommy Bahama's on St. Armands Key abuts a residential zone district 63 feet awayi that the installation of glass sliding doors and windows have exposed 75 to 80 percent of the structure to open-air dining; that live and taped music, singing, loud laughter, talking, clapping, and rattling dishes can be heard; that people will congregate on the balcony overlooking her home if the special exception requested by Tommy Bahama 's is granted; that her privacy and peace would be destroyed; that glass sliding doors should not be allowed on the side abutting residential zone districts as a visual intrusion would be imposed on the residents. Ms. Eckman further stated that the existing open-air dining at Tommy Bahama's is sufficient; that a buffer is required by the Zoning Code; that a masonry wall could be constructed half way up to the level of the existing balcony rail; that installation of glass blocks from that level upward would provide a buffer to abate the visual intrusion and allow light into the restaurant; that the interior could be decorated with bamboo shades and plants for a tropical outdoor feeling; that the frontage on Ringling Boulevard could be kept open and tables provided for outdoor seating; that currently, the musicians are set up inside in the front of the establishment; that although the band and speakers face the interior, the noises are pushed out into the residential side due to the placement of the existing windows. Ms. Eckman stated further that restricting the hours is also not enough; that balcony seating for patrons of the establishment has become a day- and night-long problem; that she cannot open windows for fresh air for sleeping or relaxing; that noise does not wait until 10 p.m. to begin; that the live music at Tommy Bahama's begins at 6 p.m. i that the regulation requiring the glass sliding doors at Tommy Bahama's to close by 10 p.m. is not acceptable; that the residential side should be completely enclosed; that decibel readings do not reflect what is bothersome or irksome to her. Charles D. Bailey, Attorney, Law Firm of Williams, Parker, Harrison, Dietz and Getzen, 1500 Ringling Boulevard (34236) BOOK 43 Page 16120 01/26/98 7:00 P.M. BOOK 43 Page 16121 01/26/98 7:00 P.M. Dona ld Hemke, Attorney, Law Firm of Carlton Fields, P.O. Box 3239, Tampa (34601). Attorney Bailey stated that he represents Tommy Bahama's Tropical Cafe (Tommy Bahama's); that Attorney Hemke is a specialist in property rights and land-use law; that an acoustical engineer commissioned last summer took decibel readings between 4:30 p.m. and 8 p.m. on Saturday, August 2, 1997, from a position across the street from Tommy Bahama's along the sidewalk area at the edge of the Eckmans' property; that the acoustical engineer compared ambient sounds unrelated to the restaurant as well as sounds created by the restaurant mixed with ambient sounds; that ambient sounds included traffic, pedestrian noise, airplane overflights, and birds; that the ambient sound level was measured at 53 to 55.5 decibels weighted on the A-scale (dBA) ; that during part of the time the monitoring was conducted, the glass sliding doors at Tommy Bahama's were open and an instrumentalist was performing; that the sound levels generated by the restaurant ranged from 54.5 dBA to 57.5 dBA; that a 1.5 dBA to 2.0 dBA increase over the ambient sound level can be attributed to sounds generated by Tommy Bahama's; that the increase in sound level caused by the establishment is barely detectable; that the decibel readings speak to the level rather than quality of the sound; however, in terms of pure sound levels, which is what is being addressed by the noise ordinance, a de minimus difference exists between the sound levels generated strictly by ambient sounds and sound levels generated by Tommy Bahama's with doors open. Attorney Bailey continued that the issue of retroactivity was addressed at the close of the public hearing on first reading of proposed Ordinance No. 98-4028 on January 6, 1998; that the vote was disappointing; however, hopefully, the matter of retroactivity can be reconsidered this evening; that the recommended definition of a completely enclosed building would require Tommy Bahama's to close the glass sliding doors installed as part of a renovation effort undertaken to capture the essence of an island resort. Attorney Bailey further stated that the Commission is requested to reconsider the January 6, 1998, vote regarding retroactivity related to the hours of operation; that no complaints have been received from residents regarding the daytime operation of Tommy Bahama's; that most residents' concerns have related to evening sound levels; that the Commission is requested to modify the retroactivity of the provision to allow the glass sliding doors to remain open, especially on Saturdays, from noon to an appropriate hour . Attorney Hemke stated that three property rights issues will be addressed: 1. Chapter 70, Florida Statutes, Burt J. Harris, Private Property Rights Protection Act Attorney Hemke stated that the Harris Act passed in 1995 is a legislative declaration that property owners should not carry an inordinate burden of diminution of value attributable to actions taken by a government body; that the Harris Act states that vested rights cannot be taken from a property owner; that vested rights would be determined by applying equitable estoppel principles; that an equitable estoppel was created by the building permit given to Tommy Bahama's and Tommy Bahama's reliance on that permit; that the equitable estoppel creates a property right; that the Harris Act provides the landowner the right to convince a judge to determine an inordinate burden has been imposed; that just compensation would be determined by a jury and the attorneys' fees determined by the judge. Attorney Hemke continues that Tommy Bahama's does not wish to become involved in a court case; that the reduction in decibel level when the glass sliding doors are closed is minimal; that the advantage to the public would also be considered minimal; however, the disadvantage to Tommy Bahama's ownership, management, employees, and patrons is significant; that the inordinate burden is balanced in favor of the restaurant. 2. Equitable estoppel Attorney Hemke stated that equitable estoppel is a matter of State law separate and apart from the Burt J. Harris Private Property Rights Act; that Tommy Bahama's has estoppel rights because the ownership bought the property, applied for and expended money to obtain renovation permits which included the right to install glass sliding doors; that government bodies such as the City are barred from interfering with equitable estoppel rights; that on Longboat Key, a property rights case ended in a $10 million judgment against the Town of Longboat Key in the 11th District Circuit Court; that the Longboat Key case clearly outlines equitable estoppel in the State of Florida; that the property right, created by the equitable estoppel, cannot be taken from a property owner who relies in good faith, as has Tommy Bahama's, on an act of the government which granted the building permit which provided the basis on which substantial changes were made and substantial obligations and expenses incurred. 3. Retroactivity regarding Zoning Code changes Attorney Hemke stated that zoning is supposed to act prospectively rather than retroactively; that ex post facto laws apply to criminal acts; that an act cannot be criminalized after it has occurred or begun; that ex post facto laws apply to civil issues as well as part of a doctrine which prohibits retroactive application of zoning laws; that several examples of case law BOOK 43 Page 16122 01/26/98 7:00 P.M. BOOK 43 Page 16123 01/26/98 7:00 P.M. exist, from which the following two are referenced from the Second District Court of Appeals (DCA), the appellate court in Florida with jurisdiction over Sarasota County: City of Hollywood Attorney Hemke stated that the court decided that although an adverse affect on surrounding properties may occur, a municipality is not justified in adopting retroactive zoning regulations. The 1991 3M case Attorney Hemke stated that the court determined that banning an existing use is unconstitutional, that the only way to eliminate a currently existing use is through abandonment, destruction, or obsolescence; that equitable estoppel is a matter of fundamental fairness; that Tommy Bahama 's expended large sums of money based on rights inherent in the permits granted by the City; that although Tommy Bahama's wishes to be a good neighbor, its rights must be recognized and statutes and ordinances not applied on a retroactive basis. Bruce Franklin, 149 Cocoanut Avenue (34236), and William Merrill, 2033 Main Street (34237). Mr. Franklin stated that he and Attorney Merrill represent Mortons Market and Michael's Fine Wine and The Tasting Room (Michael's Fine Wine) located on Osprey Avenue at Hillview Street in Southside Village; that during the first public hearing on January 6, 1998, he expressed concerns regarding the way the distance requirement is measured from an establishment adjacent or across the street from a residential zone district; that requiring a buffer wall between establishments and adjacent residential properties with no opportunity to request a variance was also discussed; that the applicability of the proposed ordinance to Southside Village was discussed with Michael Klauber, owner of Michael's Fine Wines and other Southside Village property owners and Attorney Merrill was retained to review the proposed ordinance; that Southside Village property owners are currently working with Staff to include a Southside Village overlay district in the Comprehensive Plan update and the Land Development Regulations (LDRs) update; that the application of the proposed ordinance on current operations, particularly Michael's Fine Wine, is a concern. Mr. Franklin displayed on the overhead projector a site drawing of the Southside Village and stated the site drawing specifies the properties to which the 120-foot distance requirement is applicable; that virtually all of Southside Village will become regulated and require special exceptions for open-air dining; that a single-family residential zone district and a parking lot for a medical-office building zoned as the Residential, Multiple-Family (RMF)-3 Zone District are located directly behind the alley of Michael's Fine Wine; that although the properties located in the single-family and RMF-3 zone districts are controlled by the merchants and will be developed as part of the proposed Southside Village development project, the properties are still considered residential zone districts and from which any open-air dining facility must be located 120 feet away. Mr. Franklin continued that Michael's Fine Wine is fully impacted by the 120-foot distance requirement; that Michael's Fine Wine, which keeps the front doors open on the commercial side, would become an open-air facility all the way to the last seat in the lounge area of the restaurant if the proposed ordinance is applied retroactively; that the proposed ordinance should not be applied to any establishment facing strictly commercial uses; that the distance requirement in the proposed ordinance would place an inordinate burden on the owners of Michael's Fine Wine and other commercial uses on Osprey Avenue. Mr. Franklin further stated that many commercial property owners are not aware of the proposed ordinance and will one day find themselves having to endure a lengthy, expensive special exception process; that continuing the proposed ordinance to another date to enable further Staff input may be prudent. Attorney Merrill stated that the second public hearing on proposed Ordinance No. 98-4028 should be continued, particularly as related to the Commercial, Neighborhood (CN) Zone District; that he became involved just last week when his client was advised of the retroactive application of the proposed ordinance; that a number of other regulations will impact existing buildings just as greatly as retroactive application; that Michael's Fine Wine and The Tasting Room (Michael's Fine Wine) is currently a permitted use, not as an open-air dining facility, but as a restaurant; that the establishment is not regulated as an open-air dining facility and could not qualify as an open-air dining facility under the existing Zoning Code because it abuts residentially zoned property to the rear. Attorney Merrill continued that the proposed ordinance will make Michael's Fine Wine a non-conforming or prohibited use beçause the open-air facility is currently being operated as a restaurant; that designating Michael's Fine Wine as an open-air dining facility will relegate the establishment from a permitted use to a use allowable only by special exception; that Mr. Klauber, the owner, will be required to apply for a permit and will be under the most restrictive language regarding hours of operation under the special exception requirements included in the proposed ordinance. BOOK 43 Page 16124 01/26/98 7:00 P.M. BOOK 43 Page 16125 01/26/98 7:00 P.M. Attorney Merrill further stated that Michael's Fine Wine will first have to obtain the special exception, which, if granted, will require the doors to be closed at 11 p.m., seven days per week to comply with the 120-foot distance requirement; that although the doors must be closed, the sidewalk cafe in front can continue to operate; that the inconsistency makes no sense; that Mr. Litchet is in agreement with the suggested concepts if not the exact language to revise the proposed ordinance to address the following problems: Definition of completely enclosed building Attorney Merrill stated that the definition on page 3 should be changed; that a completely enclosed building should not be defined as a building separated from adjacent open space and other buildings but rather as a building which should be separated from residentially zoned and used private property; that closed walls should be required only on those sides facing residential uses rather than on sides which face strictly commercial uses; that a residential zone district exists directly behind Michael's Fine Wine; that the building wall facing the residential zone district is a solid masonry wall; that the language in the proposed ordinance should specify that the regulations apply only to the side featuring the open-air dining facility; that what is adjacent to the commercial structure in the back of a building with closed doors or where no impact exists should be considered irrelevant; that the proposed definition of the open-air dining facility does not make sense and is subject to a number of interpretations; that the proposed ordinance would regulate locations such as Michael's Fine Wine; however, a patio area next to a building may not be regulated. Special Exception language changes Attorney Merrill stated that changes to the special exception language should be made; that the special exception regulations will require Michael's Fine Wine to install a two-foot wall in the form of planters or other enclosures in the doorway because that is the boundary line between the open-air facility and the right-of-way; that the fire codes and building codes would be violated. Attorney Merrill continued that that measurements to determine the 120-foot distance requirement should not be taken from the residential zone district properties currently used as a doctor's office and a parking lot; that the Commission is strongly urged to continue the second reading to allow Staff to review the issues and implement the specific changes; that the impact of the proposed ordinance on areas other than T'ommy Bahama's Tropical Cafe should be considered. Mr. Franklin stated that after the proposed ordinance was reviewed and the restrictions applied to specific uses, language was developed which, although not yet reviewed by Staff and the City Attorney's Office, addresses substantial issues which warrant postponement of Commission approval of the proposed ordinance; that the Commission is not believed to initiate a deluge of special exception requests from business owners. Mr. Franklin continued that the proposed ordinance prohibits any application to the Board of Adjustment for a variance for the buffer wall requirement; that an application should be developed to enable the Commission to consider granting a variance when appropriate. Marian and Mike Peters, 165 Sandy Hook Road (34242), representing Grimmy, Inc. Mr. Peters stated that he is a cartoonist who draws political cartoons and a comic strip entitled Mother Goose and Grimm; that he and his wife have come before the Commission due to concerns regarding the possible changes which could occur as a result of enforcement of the proposed ordinance; that they have lived in Sarasota for 10 years and have a business on First Street called Grimmy, Inc.; that they moved from Dayton, Ohio, which is experiencing difficulty attracting people into its downtown; that 12 or 13 years ago, a wonderful arcade which attracted a great many restaurant and entertainment uses opened in downtown Dayton; that the City of Dayton subsequently began to impose restrictions which resulted in many businesses and eventually the entire arcade closing down. Ms. Peters stated that the situation in the City of Sarasota has produced a sense of deja vu; that she and her husband had been extremely involved in activities in downtown Dayton and were excited when new businesses were attracted to the city's core; that subsequently, certain individuals began to raise specific opposition to some of the entertainment uses and downtown Dayton reverted to a wasteland; that currently, no restaurants or entertainment activities exist in downtown Dayton. Ms. Peters continued that a few weeks ago, the Sarasota Herald-Tribune ran a wonderful article about the vibrant revitalization of Downtown Sarasota; that certain people apparently do not support the revitalization efforts which have brought changes; that individual rights are important, however, the interests of thousands of people who wish to come Downtown and enjoy outdoor living should be balanced against the complaints of a few; that no one can sit outside in the northern United States due to the cold weather; that the ability to enjoy amenities such as outdoor dining is the reason people move to Sarasota; that the proposed ordinance will negatively impact every one of the City's goals which cannot be achieved without attracting people to BOOK 43 Page 16126 01/26/98 7:00 P.M. BOOK 43 Page 16127 01/26/98 7:00 P.M. Downtown; that no one will visit Downtown if they are required to whisper and move indoors at 11 p.m. Mr. Peters stated that the restrictions on weekends are especially inhibiting. Ms. Peters stated that the proposed ordinance is somewhat selective and punitive; that unfortunately, a few people can ruin the atmosphere for thousands and thousands of people, many of whom will in the future choose to vacation instead in one of the many Florida cities which not only encourage open-air dining but fund the purchase of the tables and maintain the outside areas; that the phenomenon of a government body satisfying the complaints of a few people who insist that successful entertainment areas be regulated has occurred in other places; that she and her husband do not want to see the same pattern repeated in the City of Sarasota which they love. Ned Parsekian, 460 North Washinqton Drive (34236), stated that opposition against the proposed ordinance is based on the theory that business people will be hurt because they will not be allowed to provide open-air dining; that the fantasy is that even Dayton, Ohio, deteriorated for reasons of a similar nature. Mr. Parsekian continued that case law exists regarding self-inflicted hardships; that a lawyer, a land planner, and an architect of great experience were retained by Tommy Bahama 1 s prior to development of the establishment; that a title search and a knowledge of existing ordinances were required and a deed was accepted at the closing; that the proprietor then placed tables outside and is now complaining because the Commission is prohibiting his ability to do so; that Ms. Eckman and the three other residents who live across the street from Tommy Bahama's Tropical Cafe know that individual rights are important as do the residents of the Kingsley Arms and on North Washington Drive close to John Ringling Boulevard. Mr. Parsekian further stated that the following are examples of case law relating to self-inflicted hardship: 1959 Elwin versus the City of Miami Mr. Parsekian stated that the court determined that the property owner was aware of the zoning classification of the property prior to purchase; that the subsequent application for a variance was a self-imposed hardship and not the type of hardship for which a variance should be granted; that the hardship to the plaintiff was also ruled as self-inflicted in the following two cases: Josephson versus Autry Mr. Parsekian stated that he is a lawyer; that the one thing lawyers agree upon is that the term "equitable estoppel" is only referenced when a petitioner is in trouble; that the case may be won because no one knows what the attorney is talking about; that Attorney Hemke's references to equitable estoppel were not inappropriate; however, the attempt to introduce ex post facto as relating to criminal law in order to draw an analogy was a low blow. King Corporation versus Metropolitan Dade County Mr. Parsekian stated that the court held the hardship to be self-inflicted as the owner purchased the property with full knowledge of zoning classifications and the public record showed the County Commission had denied a request by a previous owner to rezone the property. City of Naples versus Clam Court/Marina Trust Mr. Parsekian stated that the denial of the variance by the City of Naples was judged proper after the landholder built one unit too many in his building despite the fact that the landholder stated that he was unaware that he could not do sO. Bergen County water tower Mr. Parsekian continued that a town in Bergen County, New Jersey installed a water tower; that three feet of the tower was situated on the installing town's property and one foot was on the adjacent town's property; that the Supreme Court of New Jersey made the installing town tear the water tower down. Mr. Parsekian continued that many similar examples of case law exist; that Tommy Bahama's shot themselves in their own foot; that this is the second reading of the proposed ordinance; that a suggestion has been made to continue the hearing; however, the residents of St. Armands Key would then have the right to request a continuance at the next meeting if the revisions are seen as unsatisfactory, that the process to approve the proposed ordinance could continue for an extremely long time. Nick Ragni, 300 John Ringling Boulevard (34236), representing Tommy Bahama's Tropical Cafe, stated that a representation was made earlier regarding the absence of residences in close proximity to the Tommy Bahama's Tropical Cafe in Naples; that he made a telephone call to the Naples establishment; that apartments exist on the second floor of businesses across the street from Tommy Bahama's in Naples; that the residences may not be as nice as some of the houses on St. Armands Key; however, the apartments are occupied by people who have the same rights as Ms. Eckman and anyone else; that the Naples residents live in harmony with Tommy Bahama's in an environment similar to that on St. Armands Circle. BOOK 43 Page 16128 01/26/98 7:00 P.M. BOOK 43 Page 16129 01/26/98 7:00 P.M. Mr. Ragni read a January 12, 1998, letter from Ken Thomas, 220 Sorrento Drive, Osprey (34229) which stated that Mr. and Mrs. Thomas enjoyed Saturday brunch at Tommy Bahama's and indicated their dismay at hearing the dining area windows may have to be closed during business hours; that the letter stated the food was excellent and the service superb but the ability to dine outdoors and enjoy the warm tropical breezes and open air atmosphere were the reasons they moved to the area; that the letter was to notify him that they, the Thomases, will no longer be patrons of Tommy Bahama's if the windows are closed as too many other choices are available which provide good food, good service, and a breezy open-air atmosphere. Mr. Ragni continued that Tommy Bahama's is in the restaurant industry and exists to give patrons whatever they need; that in the future, the management and employees of Tommy Bahama's will have to say to guests that they cannot sit outside and that the doors cannot be opened regardless of how beautiful the weather is and how much the patrons would like to feel the breeze; that Tommy Bahama's will have to continually deny the requests of their patrons. There was no one else signed up to speak and Mayor Pillot closed the public hearing. City Attorney Taylor stated that the proposed ordinance is not a first attempt on the part of the City to regulate the activity of open-air dining; that the City has regulated open-air dining for many years predating Tommy Bahama's Tropical Cafe; that the proposed ordinance codifies a number of interpretations made by Timothy Litchet, Manager of Building, Zoning, and Code Enforcement applicable to operators of open-air dining facilities; that over the years, Mr. Litchet has processed applications where the applicability of regulations in the Zoning Code were not crystal clear; that the proposed ordinance is not as troublesome as alleged. City Attorney Taylor continued that Tommy Bahama ' S has always had the right to obtain a special exception; however, a special exception has never been obtained; that Mr. Litchet, had to interpret existing codes when the application for the Tommy Bahama's business was filed; that the owners built a wall of glass which could be left completely open; that a decision was required as to whether the structure could be considered a completely enclosed building; that the proposed ordinance addresses that issue; that an open-air dining facility has always been defined by the Zoning Code as any building not completely enclosed which is limited to the sale of food or beverages in connection with a restaurant; that the proposed ordinance adds language to the existing language to clearly define a completely enclosed building; that he does not see that as being the type of regulation which retroactive application affects the type of rights addressed this evening. Commissioner Cardamone asked clarification regarding the application filed by Tommy Bahama's for a special exception and if the application was withdrawn? City Attorney Taylor stated that details regarding the special exception are not known; however, the application was withdrawn.. Commissioner Patterson asked if the application was withdrawn after the PBLP denied the special exception? City Attorney Taylor stated yes. City Attorney Taylor continued that recommendations presented by professionals representing various establishments to modify the proposed ordinance to allow open-air dining at Michael's Fine Wine and The Tasting Room (Michael's Fine Wine) and the Morton's Market property on Osprey Avenue have never been an issue; that he would not want to advise the Commission that the language modifications suggested by the attorney for the two establishments could be made this evening; that the proposed modifications are much too substantive to be brought up at this late hour; that Michael's Fine Wine is not an open-air dining facility and has never filed an application to become one; that the business is classified as a restaurant; that the seating outside the establishment would be classified as a sidewalk cafe rather than an open-air dining facility. Commissioner Patterson asked if the outdoor seating at Michael's Fine Wine is located on their own property directly next to their own building? Mr. Litchet returned to the Commission table and stated that the outdoor seating at Michael's Fine Wines is sidewalk-cafe seating located on the public sidewalk. Commissioner Patterson asked if the doors at Michael's Fine Wine are kept closed or open? Mr. Litchet stated that the doors are kept open. Commissioner Patterson asked if the proposed definition would not classify Michael's Fine Wine as an open-air dining facility? Mr. Litchet stated that is the concern raised by the owners and their attorneys; however, the language in the proposed ordinance was modified this evening to specify the regulation refers to the serving area whenever the term "facility" rather than "property" is used; that the serving area or open-air facility at Michael's BOOK 43 Page 16130 01/26/98 7:00 P.M. BOOK 43 Page 16131 01/26/98 7:00 P.M. Fine Wine does not abut a residentially zoned property; that the proposed ordinance would not apply to an establishment with an open-air dining facility which does not abut or is not located directly across the street from residentially zoned property. Commissioner Patterson stated that Section 8-66 (h) of the Zoning Code has the following verbiage: "open-air dining facilities on private property in connection with restaurants when said property abuts or is across an intervening street.. . and asked if the term "property, relating to its proximity to a residential zone district, has been changed to the term "facility"? City Attorney Taylor stated yes. Commissioner Patterson asked if the proposed ordinance will apply only to an open-air facility abutting or located across an intervening street. City Attorney Taylor stated yes; that Section 8-66 (h) (1) of the Zoning Code indicates that all references to open-air dining are designated with the term "facility"; that " facility" was used constantly throughout the entire ordinance; however, the term "property" was mistakenly used to the open-air facility in one specific paragraph repeated throughout each zone district; that the decision was made at the January 6, 1998, special Commission meeting to modify the term to "facility"; however, an oversight occurred; that earlier this evening, Attorney Schenk indicated the term "property" as relating to open-air dining adjacent to residential zone districts would be changed to "facility. Commissioner Patterson asked if Michaels Fine Wine and The Tasting Room on Osprey Avenue would be exempt from requiring a special exception? Mr. Litchet stated yes. Commissioner Patterson asked if Mr. Litchet is the Staff member who will make the rulings based on the proposed ordinance. Mr. Litchet stated yes; that referring to the open-air seating as a facility is consistent with how the provisions have been interpreted over the years; that negative impacts are caused from the facility rather than the property abutting residential zone districts. Commissioner Patterson stated that the open-air facility at Tommy Bahama' 's abuts residential zone districts; that Tommy Bahama 's would be required to request a special exception from the PBLP for an open-air facility on the frontage abutting the commercial zone district; and asked if Tommy Bahama's would be required to vacate all outdoor dining activity at 11 p.m. seven days per week? City Attorney Taylor stated that is correct. Mayor Pillot asked if the regulations apply the same way to all districts? Mr. Litchet stated yes. Commissioner Cardamone asked the zone districts to which the proposed ordinance is applicable and what effect the proposed ordinance may have on Downtown revitalization? Attorney Schenk stated that the proposed ordinance applies in the Commercial Shopping Center (CSC), Commercial, Neighborhood (CN), Commercial, General (CG), Commercial, Tourist (CT), Commercial, Intensive (CI), Commercial, Central Business District (C-CBD), Commercial, Residential Transition (CRT), Commercial, Office Park (COP), Theater and Arts District (TAD), and Commercial, Business- Newtown (CBN) Zone Districts. Attorney Schenk continued that the proposed ordinance is applicable only to open-air dining facilities in Downtown which abut or are directly across an intervening street or alley from a residentially zoned property. Mr. Litchet stated that existing open-air facilities in Downtown fronting on Main Street are exempt from and would not be impacted by the proposed ordinance. Mayor Pillot asked if any establishments in the TAD Zone District would be impacted? Mr. Litchet stated that no open-air facility is currently operating in the TAD Zone District; however, areas of the TAD Zone District do abut residential uses and would be regulated under the proposed ordinance. Commissioner Cardamone stated that people watching on the television may believe the Commission is going to close every table and seat on Main Street; that the proposed ordinance is not an attempt to turn downtown Sarasota into a deserted area like Dayton, Ohio. Mr. Litchet stated that open-air facilities on Main Street are a permitted use. Vice Mayor Dupree asked if Tommy Bahama's must be completely enclosed both day and night? Mr. Litchet stated yes. Vice Mayor Dupree stated that complaints from residents on St. Armands Key were primarily directed at noise which disturbed sleep; and asked why the proposed ordinance has been written to require Tommy Bahama's to keep the doors closed during daytime hours? Mr. Litchet stated that the Commission directed Staff to draft the proposed ordinance with consistency between the sidewalk cafe BOOK 43 Page 16132 01/26/98 7:00 P.M. BOOK 43 Page 16133 01/26/98 7:00 P.M. ordinance and the open-air dining ordinance; that neighborhood residents have complained regarding visual intrusion during the daytime; that a restaurant directly across from a residence generates a great deal of visual intrusion; that residents have also raised concerns regarding daytime noises which are considered a disruption to residents sitting on their porches in the afternoon. City Attorney Taylor stated that the regulations in proposed Ordinance No. 98-4028 were not newly created; that the existing ordinance has never drawn a distinction between day and evening operations; that a modification to provide different treatment for open-air dining during the day and night has not been included in the proposed ordinance; however, such a modification could be developed if the Commission wishes to draw a distinction between keeping the doors open early in the day and keeping the doors open later in the evening. Attorney Schenk stated that the language in the open-air dining ordinance and the noise ordinance are the same for the sake of consistency. Commissioner Patterson stated that Tommy Bahama 's would most likely be granted the ability to keep their existing glass sliding doors open to 11 p.m. on the side of the building fronting John Ringling Boulevard if a special exception is requested; however, the special exception process is expensive; that this evening, the Commission may be able to provide Tommy Bahama's the ability to keep the doors open on the side fronting John Ringling Boulevard; that although Tommy Bahama 's would be required to proceed through the development approval process required to obtain a permit to enclose the existing open balcony area abutting the residential zone districts, the establishment is expected to be able to qualify for a special exception to keep the doors open on John Ringling Boulevard; and asked if the Commission could provide that relief this evening? City Attorney Taylor stated that a number of presenters including attorneys are not happy with the way the process to adopt the proposed ordinance has proceeded. Commissioner Cardamone asked if three Commissioners are interested in hearing if the Commission has the legal authority to provide Tommy Bahama's with the ability to immediately provide open-air dining on the John Ringling Boulevard frontage? Mayor Pillot, Vice Mayor Dupree, and Commissioner Patterson stated yes. Commissioner Patterson stated that the suggestion will be withdrawn if the City Attorney indicates that providing Tommy Bahama's the ability to provide open-air dining on the commercial frontage is not legally advisable. City Attorney Taylor stated that the Commission could draft an ordinance to provide Tommy Bahama's the ability to keep the doors open on John Ringling Boulevard; however, proposed Ordinance No. 98-4028 is a quasi-judicial matter which has come to the Commission after a PBLP review; that, he does not feel comfortable taking such action this evening; that many issues regarding sidewalk cafes and open-air dining have previously been referred back to the PBLP which could also review the recommendation to allow Tommy Bahama' 's the ability to provide limited open-air dining without having to apply for a special exception. Commissioner Patterson stated that Tommy Bahama's could apply for and be granted the special exception by the time a recommendation is returned from the PBLP indicating that open-air dining on the John Ringling Boulevard frontage of Tommy Bahama's should be allowed by the Commission. City Auditor and Clerk Robinson entered the following documents into the record: Memorandum from Michael Taylor to PBLP members dated October 29, 1997, regarding consistency of proposed Ordinance No. 98-4038 with the Sarasota City Plan Minutes of November 5, 1997, PBLP meeting Report of the Planning Board of their actions taken on November 5, 1997, made to the City Commission on December 1, 1997 Minutes of the December 1, 1997, City Commission meeting Minutes of the December 8, 1997, City Commission meeting A documentary evidence submitted at the January 6, 1998, public hearing on proposed Ordinance No. 98-4028 Minutes of January 6, 1998, City Commission public hearing on proposed Ordinance No. 98-4028 City Manager Sollenberger stated that the Administration does not make recommendations on quasi-judicial matters. City Auditor and Clerk Robinson read proposed Ordinance No. 98-4028 by title only. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to adopt proposed Ordinance No. 98-4028 on second reading. Commissioner Merrill asked if the proposed ordinance is critically flawed relating to the ability of establishments such as Michael's Fine Wine and The Tasting Room to operate and will unintended consequences result from its passage? BOOK 43 Page 16134 01/26/98 7:00 P.M. BOOK 43 Page 16135 01/26/98 7:00 P.M. Mr. Litchet stated no to both questions. Vice Mayor Dupree stated that the possibility of the proposed ordinance negatively impacting businesses during the coming tourist season is a real concern; that businesses may not be able to maintain the necessary number of customers; that approval of the proposed ordinance may cause sales to decrease greatly. Commissioner Merrill stated that he would be receptive to any suggestions by Vice Mayor Dupree regarding ways to allow the windows and doors of an establishment to remain open longer; that he may be willing to reconsider his vote on the hours of operation; that the negative effects of noise on the residents is a great concern; however, he agrees with comments by speakers and Vice Mayor Dupree that residents should be protected primarily during the late evening hours when trying to sleep; that a way to reach a compromise is unknown. Commissioner Cardamone stated that the rights of neighbors should be protected and the ability to sleep be provided; that although the City wishes to preserve the ambiance of St. Armands Circle and the enjoyment provided to so many people, she is more interested in preserving the neighborhood; that the commercial uses on St. Armands Circle will evolve through various transitions in the future as they have in the past. Mayor Pillot stated that he voted against the proposed ordinance at first reading; that his reason for doing so, despite the ensuing criticism, is that many people have spoken favorably on open-air dining during the public hearings held on both the noise and sidewalk cafe ordinances and few if any have spoken against open-air dining; that the primary problem is noise and disruption rather than dining; that the noise problem is clearly a valid concern which he shares; that he has related many times about the opportunity he was provided to visit the home of a resident continually disturbed by noise emanating from a nearby establishment; that noise problems must be addressed; however, enforceable regulations have already been established under a noise ordinance. Mayor Pillot continued that proposed Ordinance No. 98-4028 has not been created to control noise but rather to control dining; that the proposed ordinance controls the hours at which dining may. or may not occur and the physical configuration of the facility; that he strongly supports an ordinance which controls and enforces regulations against disruptive noise; however, no disruptive noise would be generated if no music is played and the conversations of patrons are relatively quiet; that the proposed ordinance approaches open-air dining as the problem even through no problem exists. Mayor Pillot further stated that the proposed ordinance will not be supported; that at the January 8, 1997, special Commission meeting, he requested Commission support to revise the prohibition which states "no amplified music or amplified entertainment shall be permitted" as quiet, background music enhances the dining experience and generates no noise problems; that the City Attorney advised that a legal basis must be established; however, he believes that a basis exists; that a total prohibition against all outdoor amplified music or entertainment cannot be supported; that he will vote against the proposed ordinance with the hope that some changes will occur if the measure is adopted. Commissioner Cardamone stated that the formulation of a Blue Ribbon Committee on Noise received the unanimous support of the Commission and will probably develop solutions to existing concerns. Vice Mayor Dupree stated that the tourist season is commencing; that the Blue Ribbon Committee on Noise is expected to develop a solution; however, the Committee's first report is scheduled for presentation to the Commission in 90 days; that a great deal of the season will be gone. Commissioner Patterson stated that none of the Commissioners are happy about placing restrictions on activities they all personally enjoy; however, the proposed ordinance addresses open-air dining in the immediate vicinity of residential zone districts; that establishment of a completely open restaurant directly across the street from residences is not reasonable especially if the establishment is extremely busy and successful; that Tommy Bahama's failure to install noise abatement measures before the neighbors reached the point of zero tolerance is unfortunate; however, she knows how she would feel if a restaurant were newly developed and opened up all the doors across the street from her home. Commissioner Patterson continued that the ownership of Tommy Bahama's will most likely be allowed to enlarge the existing facility by enclosing the balcony fronting the residential zone districts; that open-air dining can be provided on the side of the building fronting on John Ringling Boulevard; that police officers should not be required to remain on street corners to measure the sound levels of plates clattering and people talking. Mayor Pillot asked the number of non-residential zone districts in the City? Mr. Litchet returned to the Commission and stated that approximately 28 non-residential zone districts exist. Mayor Pillot asked if 10 of the 28 non-residential zone districts will be affected by the proposed ordinance. BOOK 43 Page 16136 01/26/98 7:00 P.M. BOOK 43 Page 16137 01/26/98 7:00 P.M. Mr. Litchet stated yes. Mayor Pillot stated that the affected area is not a small portion of the land area in the City. Commissioner Patterson stated that the proposed ordinance will impact only those establishments which abut or are across an intervening street or body of water from a residential zone district. Mayor Pillot requested that City Auditor and Clerk Robinson proceed with the roll-call vote on the motion to adopt proposed Ordinance No. 98-4028 on second reading. Motion carried unanimously (4 to 1): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, no. 2. UNFINISHED BUSINESS : ADOPTION RE: PROPOSED RESOLUTION NO. 98R-1037, SUPPORTING POLICY POSITIONS ADOPTED BY THE FLORIDA LEAGUE OF CITIES, INC.. CONCERNING THE REVISIONS TO THE FLORIDA CONSTITUTION FOR CONSIDERATION BY THE 1998 CONSTITUTIONAL REVISION COMMISSION: ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM II) #2 (0133) through (0236) Commissioner Patterson stated that she supports the policy positions established by the Florida League of Cities in a proposed resolution to the Constitutional Revision Commission; that all proposals presented in the policy positions will most likely not be achieved; however, the recommendation that the Van Wezel Performing Arts Hall (VWPAH) be exempt from charging sales tax will benefit the City; that the exemption was requested by and has been included in the resolution as a courtesy to the City. City Auditor and Clerk Robinson read proposed Resolution No. 98R-1037 by title only. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to adopt proposed Resolution No. 98R-1037. Commissioner Cardamone stated that she asked Barbara Ford-Coates, the City's representative on the Constitutional Revision Commission, to maintain vigilance regarding proposals which may negatively affect the City; that Ms. Ford-Coates provided assurance that the City's interests would be protected. Commissioner Patterson stated that Clarence Anthony, the First Vice President of the National League of Cities who is about to become President of that organization, also serves on the Constitutional Revision Commission. Motion carried unanimously (5 to 5): Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Merrill left the Commission Chambers at 8:40 p.m. 3. NEW BUSINESS: : DISCUSSION RE: ESTABLISHMENT OF A COMMITTEE CONCERNING CELEBRATION OF THE YEAR 2000 = REQUESTED COMMISSIONER CARDAMONE AND THE CITY MANAGER TO RETURN A REPORT (AGENDA ITEM III) #2 (0237) through (0410) Commissioner Cardamone stated that plans for the City's celebration of the year 2000 should be developed; that controversy exists as to whether the millennium will begin on the eve of the year 2000 or the year 2001; that a year-long celebration should be planned; that a steering committee rather than an advisory board should be appointed to begin preliminary discussions; that fireworks displays should be held on both New Year's Eve 2000 and New Year's Eve 2001; that representatives from the following groups should be included on the Sarasota Celebration 2000 Committee: Ringling Museum - to present special exhibits; Ringling School of Art and Design - to create designs for posters and shirts and present events and contests; and Florida Symphony and Sarasota Ballet = to present special productions such as water ballet. Commissioner Cardamone stated that a steering committee should be appointed to solicit the participation of individuals and organizations; that the City should not assume responsibility for a Countywide celebration; however, County residents outside the City limits should not be excluded from participating in the planning of City events; that flags should bé installed along Main Street and banners bearing logos and slogans displayed throughout the City; that the committee should be organized with the ability to meet outside the Sunshine law to enable the free flow of creative ideas. Commissioner Cardamone continued that significant changes are expected in the year 2000; that the VWPAH will reopen, Phase I of the Renaissance of Sarasota project may be completed, the John Ringling Towers property may be developed as the Ritz-Carlton Hotel, and a New Year's Eve 2000 celebration may mark the opening of the Sarasota Bay Club, a recently-approved upscale life-estate condominium project; that extravaganzas such as a laser light show flashing across the Bay from Plymouth Harbor to the Sarabande Condominium to the development on the John Ringling Towers BOOK 43 Page 16138 01/26/98 7:00 P.M. BOOK 43 Page 16139 01/26/98 7:00 P.M. property should be explored; that the Sarasota Celebration 2000 should be a blend of the best small town entertainment with the best of major city entertainment. Commissioner Merrill returned to the Commission Chambers at 8:45 p.m. Mayor Pillot asked how the steering committee should be appointed? Commissioner Cardamone stated that each Commissioner should appoint two exuberant, partygoing people who can be depended upon to reach out to members of the arts and culture community. Commissioner Patterson stated that Paul Thorpe should be appointed to the Sarasota 2000 Celebration committee. Commissioner Cardamone agreed. Commissioner Merrill stated that Commissioner Cardamone may wish to develop festival concepts in conjunction with the City Manager. Mayor Pillot stated that he supports the concept of a Sarasota Celebration 2000; and asked if Commissioner Cardamone and the City Manager could develop an outline and return with recommendations? Commissioner Cardamone and City Manager Sollenberger agreed. Mayor Pillot stated that running a small advertisement in the Sarasota Herald-Tribune could attract participants interested in assisting the steering committee. 4. UNFINISHED BUSINESS: APPROVAL RE: AUTHORIZE THE CITY MANAGER TO PREPARE A PLAN TO ADDRESS CONCERNS CREATED BY ALL-NIGHT BUSINESSES IN THE DOWNTOWN AREA (C-CBD ZONE DISTRICT) APPROVED (AGENDA ITEM IV) #2 (0414) through (0530) V. Peter Schneider, Deputy City Manager, came before the Commission and stated that the Commission requested Staff to develop alternative proposals to address problems created by a now-defunct, all-night dance club in Downtown which served coffee and dessert rather than liquor; that potential strategies were indicated in a December 4, 1997, memorandum from Timothy Litchet, Manager of Building, Zoning and Code Enforcement; that the proposed strategies are intended to address problems generated by late- or all-night establishments which do not serve liquor; that the following five alternatives have been developed by Staff which recommends a combination of Alternatives #2 and #4: 1. Amend the Commercial, Central Business District (C-CBD) Zone District to establish hours of operations for commercial businesses; 2. Prepare a Zoning Code amendment restricting restaurants or coffee shops which offer dancing from operating within a certain distance of residential properties, or establish hours of operation; 3. Implement parking restrictions; 4. Design an ordinance to prohibit customers from utilizing public rights-of-way to form lines and loiter while waiting to enter into a late-night establishment; and 5. Require late-night establishments to have a certain number of off-duty police officers or licensed security guards on site during certain hours. Deputy City Manager Schneider stated that a strategy could be developed by Staff and the City Attorney's Office and returned to the Commission and if necessary, referred to the Planning Board/Local Planning Agency (PBLP). City Manager Sollenberger stated that the Administration recommends authorizing the Administration to prepare a plan to address problems created by all-night dance clubs in Downtown. On motion of Commissioner Merrill and second of Commissioner Cardamone, it was moved to approve the Administration's recommendation. Commissloner Patterson stated that Alternatives #2 and #4 will most likely be returned in a revised form; that Alternative #2 may not be acceptable to the Commission unless the regulation is limited to establishing hours of operation; that the Commission is not believed to support the prohibition of dancing within reasonable hours in completely enclosed restaurants or coffee shops; that judicious regulations should be developed. Mayor Pillot stated that the language in the regulations should specifically reference restrictions on all-night establishments. Commissioner Patterson stated that the Commission should provide some direction; that previous problems in Downtown should not be repeated; however, the Commission does not wish to prohibit indoor gaiety. Mayor Pillot called for a vote on the motion to authorize the Administration to prepare a plan to address problems created by all-night dance clubs in Downtown. Motion carried unanimously (5 to 0): : Cardamone, yes; Dupree, yes; Merrill, yes; Patterson, yes; Pillot, yes. Commissioner Cardamone stated that the simplified version of proposed Ordinance No. 98-4028 developed by the City Attorney's BOOK 43 Page 16140 01/26/98 7:00 P.M. BOOK 43 Page 16141 01/26/98 7:00 P.M. Office and adopted earlier under Agenda Item I is appreciated; that the simpler version will facilitate the Commission's and the public's understanding of complicated ordinances. 5. NEW BUSINESS: DISCUSSION RE: COMMENCING ONE REGULAR CITY COMMISSION MEETING A MONTH TO BEGIN AT 2:00 P.M. = REACHED CONSENSUS TO SCHEDULE ONE MEETING PER MONTH AS NEEDED ON MONDAYS AT 3 P.M. TO ADDRESS STAFF REPORTS AND ADMINISTRATIVE MATTERS AND ADJOURN AT 6 P.M. TO RECONVENE AT 7 P.M. FOR THE REGULAR COMMISSION MEETING (AGENDA ITEM V) #2 (0534) through (0813) City Manager Sollenberger stated that members of the community have expressed a great deal of concern regarding the lateness of Commission meetings as citizen participation is hindered when the meetings continue into the late hours; that the Commission is requested to consider commencing one regular Commission meeting per month on Monday from 2 p.m. until 5 p.m. to address administrative matters such as Consent Agendas, Unfinished Business, New Business, and Board Appointments; that a dinner break would be provided from 5 p.m. to 7 p.m. at which time the Commission would reconvene to consider Minutes, Board Reports, Public Hearings, and Scheduled Presentations. City Manager Sollenberger continued that another alternative is to meet from 4 p.m. to 6 p.m. on the Tuesday immediately following the Monday evening regular Commission meeting at such times as the Administration and City Auditor and Clerk Robinson determine the Monday evening meeting is expected to run extremely late; that correctly estimating the amount of time required to finish the agenda may not always be possible; that the January 20, 1998, public hearing regarding the Sarasota Bay Club was not expected to have taken over an hour and a half to complete; that scheduling a brief meeting at 2 p.m. on Monday, completing a light Agenda at 3 p.m., and then reconvening at 6 p.m. for public hearings would be a wasteful allocation of time. City Auditor and Clerk Robinson stated that consistency should be established to allow the public to know exactly when meetings will be scheduled; that scheduling one short meeting in the afternoon and then returning at 6 p.m. to address one short public hearing is foreseen as a potential time-management problem; that the Administration and the Office of the City Auditor and Clerk could determine on a week-to-week, trial basis the necessity of scheduling a meeting on the Tuesday afternoon following the Monday evening regular Commission meeting. Commissioner Patterson asked if the Tuesday meeting would be scheduled during the first or third week of each month? City Auditor and Clerk Robinson stated that the Administration and the Office of the City Auditor and Clerk would judge which meetings require a second Tuesday session; that public hearings are scheduled at both the first and second regular Commission meetings each month. Commissioner Patterson stated that the ability should exist to notice the public in advance that late meetings will be continued to the following day to complete the Agenda. Commissioner Cardamone stated that she frequently schedules trips immediately after the Monday night Commission meeting; that returning on Tuesday to finish the Agenda would be a real hardship if an airline ticket has been purchased in advance; that 2 p.m. meetings prior to the regular Commission meeting on Monday evening should be scheduled when needed on a trial basis; that an announcement could be made on the Wednesday before the Monday evening meeting that the 2 p.m. meeting will not be required if the Agenda is expected to be light. Commissioner Patterson asked if the meeting could begin at 3 p.m. rather than 2 p.m.? Commissioner Cardamone stated that scheduling the meeting at 3 p.m. is not a problem. Mayor Pillot stated that he would prefer to commit an entire Monday rather than schedule a second meeting on Tuesday. Commissioner Merrill stated that working people can serve as City Commissioner unlike the County Commissioners who are required to quit their full-time jobs; that school teachers can serve on the City Commission as meetings are held in the evening and the Budget workshops during the summer; that breaking away routinely on any day of the week would be difficult; that doing sO is fairly easy when he is between development projects; however, his current work schedule is extremely busy. Commissioner Merrill continued that Staff reports, the contents of which are included in the Agenda materials, are often presented at regular Commission meetings on Monday evenings; however, the information could be learned faster by reading the reports; that Staff reports could be presented at the early afternoon meeting on Monday if the Monday evening Agenda is over-scheduled; that the real function of the Commission is to take action on the business of the City; that many people watch Commission meetings on television in the evening; that the public would be harmed if business matters are addressed and Commission actions taken in the middle of the afternoon when people are still at work; that regular meetings should not be conducted during working hours for the following two reasons: 1) flexibility should be allowed as to BOOK 43 Page 16142 01/26/98 7:00 P.M. BOOK 43 Page 16143 01/26/98 7:00 P.M. who can be elected to the City Commission, and 2) the public should be allowed to remain informed regarding Commission actions ; that presentation of Staff reports at a separate meeting on Monday afternoon would be supported. Vice Mayor Dupree stated that workshops can be conducted in the afternoon; however, the business of the City should be conducted in the evening. Commissioner Cardamone stated that a 3 p.m. Monday meeting should not be scheduled unless necessary; that the scheduling of afternoon meetings should be viewed as a short-term rather than permanent solution to catch up on the City's business. Commissioner Patterson stated that the new schedule could be attempted for two months on a trial basis. Commissioner Cardamone stated that the proposal to schedule meetings as necessary at 3 p.m. on the Monday afternoon immediately before the regular Commission meeting is supported as is Commissioner Merrill's suggestion to present Staff reports not requiring public hearings at 3 p.m. on Monday. Mayor Pillot stated there is a consensus of the Commission to schedule one meeting per month as needed on Mondays at 3 p.m. to address Staff reports and Administrative matters and adjourn at 6 p.m. to reconvene at 7 p.m. for the regular Commission meeting. 1. BOARD APPOINTMENTS: APPOINTMENT RE: POLICE OFFICERS' PENSION FUND BOARD OF TRUSTEES APPOINTED KENNETH HENDERSON:; REAPPOINTED BILLY ROBINSON (AGENDA ITEM IX-1) #2 (0811) through (0861) Mayor Pillot stated that Roy McBean has resigned from the Police Officers' Pension Fund Board of Trustees and the term of Billy E. Robinson has expired; that Mr. McBean and Mr. Robinson are filling the two seats designated for City residents appointed by the Commission. On motion of Commissioner Cardamone and second of Commissioner Patterson, it was moved to nominate Kenneth Henderson for appointment and Billy Robinson for reappointment. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yesi Patterson, yes; Pillot, yes. Mayor Pillot stated that Mr. McBean left the Police Officers' Pension Fund Board of Trustees with reluctance; that he enjoyed the work and was committed to the Board; however, he relocated out of the City and is no longer eligible. Vice Mayor Dupree stated that Mr. McBean should be commended for his years of service. 2. BOARD APPOINTMENTS: APPOINTMENT RE: SARASOTA COUNTY NATURAL RESOURCE & RECREATION ADVISORY BOARD APPROVED THE NOMINATION BY THE PARKS RECREATION AND ENVIRONMENTAL PROTECTION ADVISORY BOARD TO RECOMMEND TO THE COUNTY COMMISSION THE APPOINTMENT OF MARIA PRICE (AGENDA ITEM IX-2) #2 (0862) through (0893). Mayor Pillot stated that Alan Lillie was the City's representative on the Sarasota County Natural Resources and Recreation Advisory Board; however, Mr. Lillie is no longer eligible for reappointment to the Parks, Recreation and Environmental Protection Advisory Board; that the Parks, Recreation and Environmental Protection Advisory Board has recommended the appointment of Maria Price. City Auditor and Clerk Robinson stated that the City Commission recommends a candidate to the Sarasota Board of County Commissioners which makes the actual appointment. On motion of Commissioner Cardamone and second of Vice Mayor Dupree, it was moved to approve the nomination by the Parks, Recreation and Environmental Protection Advisory Board to recommend to the County Commission the appointment of Maria Price as the City's representative on the Sarasota County Natural Resources and Recreation Advisory Board. Motion carried unanimously (5 to 0): Cardamone, yes; Dupree, yes; Merrill, yesi Patterson, yes; Pillot, yes. 3. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA - REQUESTED THE MAYOR TO WRITE A LETTER OF APPRECIATION TO THE SARASOTA HERALD-TRIBUNE FOR THE ARTICLE REGARDING DOWNTOWN REVITALIZATION: REQUESTED THE ADMINISTRATION TO: PROVIDE A REPORT REGARDING SPEED HUMPS ON SHORELAND DRIVE, OBTAIN FROM THE SCHOOL BOARD AND THE STATE THE OFFICIAL, UPDATED VERSION OF THE DATA PUBLISHED IN THE SARASOTA HERALD-TRIBUNE REGARDING TEST SCORES AND DEMOGRAPHICS IN COUNTY SCHOOLS, PROVIDE A REPORT REGARDING THE CLEANING OF THE PLAQUES IN THE CIRCUS RING OF FAME ON ST. ARMANDS KEY, MAKE THE NECESSARY ARRANGEMENTS WITH A CONTRACTOR TO STEAM CLEAN THE SIDEWALKS IN DOWNTOWN, COVER "NO PARKING" SIGNS IN DOWNTOWN WITH BAGS STATING "SPECIAL EVENT PARKING" DURING SPECIAL EVENTS, AND PROVIDE CRITERIA TO ENABLE THE COMMISSION TO EVALUATE THE CITY ATTORNEY; AUTHORIZED THE ADMINISTRATION TO ENTER INTO AN INTERLOCAL AGREEMENT WITH SARASOTA COUNTY WHEREBY THE CITY WOULD BOOK 43 Page 16144 01/26/98 7:00 P.M. BOOK 43 Page 16145 01/26/98 7:00 P.M. REIMBURSE THE COUNTY TO MAINTAIN MEDIANS IN THE NEWLY ANNEXED PORTIONS OF THE CITY ON SOUTH TAMIAMI TRAIL AND THE COUNTY WOULD REIMBURSE THE CITY TO MAINTAIN THE LANDSCAPED MEDIANS ON THE NORTH TAMIAMI TRAIL IMMEDIATELY OUTSIDE THE CITY LIMITS; TOOK UNDER CONSIDERATION THE RESCHEDULING OF THE MARCH 16, 1998, REGULAR COMMISSION MEETING DUE TO SCHEDULING CONFLICTS (AGENDA ITEM X) #2 (0900) through (2609) COMMISSIONER CARDAMONE : A. stated that the Commission unanimously directed the Administration to steam clean the sidewalks on Main Street eight months ago; however, the sidewalks have not been steam cleaned. Commissioner Patterson stated that this is the appropriate time to steam clean the sidewalks as the tourist season is just beginning. City Manager Sollenberger stated that the Public Works Department will be informed of the Commission's concerns. Commissioner Patterson asked if the steam cleaning is privately contracted. City . Manager Sollenberger stated that Staff is responsible for making the arrangements with the private contractor to do the work. B. stated that the Director of Human Resources provided criteria which the Commission can use to evaluate the City Manager and the Clerk; that criteria to enable the Commission to evaluate the City Attorney should be provided. C. stated that Commissioners occasionally do not attend the meetings of committees and groups to which individual Commissioners are assigned; that she has not attended every meeting of the Children and Youth Services Advisory Committee (CAYSAC) meeting; however, Vice Mayor Dupree attends in her absence as CAYSAC now allows alternates. Mayor Pillot requested clarification regarding the information received by Commissioner Cardamone regarding the absence of Commissioners from committees on which they serve? Commissioner Cardamone stated that occasionally, she hears that a Commissioner did not attend a meeting; that she would be happy to attend in his absence if Mayor Pillot is unable to attend a Tourist Development Council (TDC) meeting. Mayor Pillot stated that one TDC meeting has been missed and three have been canceled. Commissioner Cardamone stated that interest exists in hearing reports regarding actions taken at meetings of the groups represented by individual Commissioners. Mayor Pillot stated that at the last TDC meeting, he made a motion, which passed 7 to 1, to ask the County Commission to allocate funds for beach renourishment rather than to be used for dredging Midnight Pass. D. stated that people attending Arts Day in Downtown were unable to park on several streets in Downtown due to "No Parking" signs; that Arts Day is a special event which lasted approximately five hours; that the City Manager has been requested to determine the feasibility of covering existing "No Parking" signs with bags stating: "Parking for Special Events." Commissioner Patterson stated that "No Parking" signs were bagged for an opera event. Commissioner Cardamone stated that more parking should be provided during special events in areas where parking is normally prohibited during the business day. E. stated that the Mayor is requested to write a letter of appreciation to the Sarasota Herald-Tribune for the fabulous article regarding Downtown. Mayor Pillot stated that he is going out of town tomorrow morning; that the City Auditor and Clerk or the City Manager should remind him to write the letter when he returns. COMMISSIONER MERRILL: A. stated that a recent article in the Sarasota Herald-Tribune entitled "Choice Brings Confusion" reported on the issue of school choice; that school-choice programs will have minimal impact on City neighborhoods; that properties will still be valued relative to the quality of the neighborhood school; that Alta Vista Elementary School, the elementary school located in his neighborhood, was recently named as one of the top Title 1 schools in the State serving students from low-income families; that the actual language in the report from the State indicates that Alta Vista Elementary School is a successful higher-poverty school; BOOK 43 Page 16146 01/26/98 7:00 P.M. BOOK 43 Page 16147 01/26/98 7:00 P.M. that his neighborhood school has never before been viewed as a higher-poverty school. Commissioner Merrill continued that the book Metropolitics reports the socioeconomic demographics of children in local elementary schools are the most accurate criteria by which the future economic vitality of an urban neighborhood can be projected; that the excerpts of the State and School Board reports included in the Sarasota Herald-Tribune article indicate the neighborhood surrounding Alta Vista Elementary School is attracting an influx of lower-income families. Commissioner Merrill further stated that last year, the English Speaking Other Language (ESOL) Program was transferred from Tuttle Elementary School to Alta Vista Elementary School as were children from the Sarasota Mobile Home Park (SMHP); that reading scores sharply increased at Tuttle Elementary School which recently won one of two national awards for Staff commitment to academic excellence; however, the test scores at Alta Vista Elementary School plummeted; that this year, children from Gillespie Park were transferred from Tuttle Elementary School into Alta Vista Elementary School; that the test scores at Alta Vista Elementary School can be expected to decline again this year; that last year, the test scores at Alta Vista and Emma Booker Elementary Schools were the lowest of all elementary schools in the County. Commissioner Merrill stated further that a crisis situation exists in the southeast portion of the City; that an analogy can be drawn with the Titanic hitting the iceberg; that although a mere shudder was felt at first, the ship's engineers advised the ship would sink; that he is advising the Commission, as a neighborhood resident of 10 years, that the southeast Sarasota neighborhood can be expected to decline absent Commission action to improve the dismal test scores in the elementary schools; that the demographics of the neighborhood can be expected soon to reflect those of the elementary schools; that middle-income families with children cannot be expected to move into a neighborhood with an elementary school producing one of the two worst performance records in the County. Commissioner Merrill continued that the uneasiness felt by other Commissioners when school issues are addressed is understood; that he would be comfortable with allowing the Sarasota County School Board to focus on problems at Alta Vista Elementary School if any confidence existed that the School Board would focus on the same issues of concern as the City Commission; however, the School Board focuses on educating students regardless of the collateral effect on the surrounding neighborhood. Commissioner Merrill further stated that the School Board policy of installing the ESOL Program into a school located in a middle- to moderate-income neighborhood rather than the lowest-income neighborhood, closest to the family income of children requiring the program, may be considered a good policy; that from the School Board's perspective, the transfer of the children requiring the ESOL Program into middle-class Alta Vista Elementary School was wise and proper; however, the City's limited geography has been directly and negatively impacted. Commissioner Merrill stated further that the education of elementary-school students Countywide is the primary concern of the School Board rather than the City Commission, the focus of which is competing for middle-income families against other areas in the County; that the School Board's action has severely restricted the ability of neighborhoods on the southeast side of the City to compete for middle-income residents; that education should be included as an issue requiring the attention of the City Commission which should look at City neighborhoods east of U.S. 41 in the same way a developer would and ask what should be done to make the neighborhoods competitive; that American cities which have failed to address the ability of urban neighborhoods to compete with the low-crime statistics and housing stock marketed by suburbia have experienced a shift in demographics similar to that occurring in the City of Sarasota. Commissioner Merrill continued that test scores in City schools are lower; that the School Board is not faulted and a lack of money is not an issue; that other cities failed to respond to the same pattern; that an article entitled Are Cities Obsolete? In Time Magazine of September 1991 asserted that cities should focus on attracting and keeping middle-income residents. Commissioner Merrill held up a small placard developed by a southeast Sarasota neighborhood resident on which the Statue of Liberty was depicted in tears and underlined by the following text: Leave the poor, the tired, the huddled masses in the City Move to Suburbia Commissioner Merrill stated that the placard illustrates the failure of cities to react to conditions which cause middle-: income urban neighborhoods to decline; that the message on the placard is the one promoted by suburban developers seeking middle-income City residents; and held up the Hometown Tour of Homes, an advertising supplement to the October 31, 1997, Sarasota Herald-Tribune, which featured on its cover a group of neighborhood residents at Lakewood Ranch. BOOK 43 Page 16148 01/26/98 7:00 P.M. BOOK 43 Page 16149 01/26/98 7:00 P.M. Commissioner Merrill stated that the advertisement is targeted directly to middle-income property owners; that everyone is happy and every family has two children, one boy and one girl; that the residents all ride bicycles and play tennis, soccer, and golf; that the image is that of middle-income America; that Lakewood Ranch is comprised of street after street of nice cookie-cutter houses with children playing in the neighborhoods; that the residents of the subdivision look exactly like the people on the cover of the advertisement; that specific groups are glaringly omitted in the photograph which does not truly reflect America but does reflect the demographic group no longer attracted to the east side of the City. Commissioner Merrill continued that the City should not accept the premise that middle-income families are simply choosing not to live in City neighborhoods; that the developers of Lakewood Ranch are vigorously promoting the schools available to their residents as the finest public and private schools; that the Out-of-Door Academy was requested to provide a presentation to residents regarding the amenities at that private facility; that Celebration, created by Disney actively marketed their public schools to middle-income families; that the middle-income group must be attracted if the City is to remain viable east of U.S. 41; that the people pictured in the advertisement are the same people who moved into Carolina Estates and Glen Oaks 30 years ago, but not any longer. Commissioner Merrill further stated that the economic viability of the City is the primary issue; that his neighborhood is in a crisis situation; that a major problem can be expected if the City does not respond within the next five years; that school issues were raised at a recent neighborhood meeting attended by several teachers; that the President of one east side neighborhood association sends his children to private schools rather than the Alta Vista Elementary School. Commissioner Merrill stated further that the Commission should request the City Manager to meet with Dr. Thomas Gaul, Superintendent of Sarasota County Schools, to address the report released by the State and the School Board last fall which provided demographic data such as the percentage of students on the free-lunch program and test scores in City elementary schools; that a goal should be developed by the City Commission to provide all City neighborhoods with easy access to schools with high test scores; that the schools would not be required to be public schools. Commissioner Merrill continued that Neal Peirce, syndicated columnist for the Washington Post Writers Group, wrote a recent article regarding the positive results generated by municipalities which grade their schools; that the Commission could focus on developing a general goal rather than specific policies such as teaching methods or administrative policies of school principals; that middle-income residents will not be attracted to the City if the Commission fails to provide their children with high-performance schools; that the middle-income group will be lost; that the economic viability of the City depends on maintaining decent schools; that the City should be provided official data which cannot be challenged; and requested Commission consensus to request the City Manager to obtain official demographic data regarding schools as compiled in reports developed by the State and the School Board. Vice Mayor Dupree stated that he has been reluctant to comment on the issue because he has not been actively involved in the school system since 1992; that he prefers to meet with principals and the Superintendent of Schools to confirm the facts before an issue is publicly discussed; that several schools, including Alta Vista Elementary School, have invited him to tour the facilities; that before visiting the schools publicized as having low test scores, he would be hesitant to request the City Manager to meet with Dr. Gaul who is believed to give special attention to those schools; that education is a high priority; however, he would rather meet with the principals before involving the Superintendent of Schools. Commissioner Cardamone stated that the test scores and State and School Board reports are a matter of public record and can be obtained by any Commissioner; that having the City Manager ask for a copy of reports developed by either the State or the School Board is no problem; that Commissioner Merrill has raised the issue of school problems for four years; that originally, her opinion was that school issues were not the concern of the City Commission; however, the realization has been reached that schools are a concern; that existing problems in City elementary schools located east of U.S. 41 are understood. Commissioner Cardamone continued that the Commission should dialogue with the School Board to determine the existing policies towards schools with extremely low test scores; that the School Board could be asked if a recommendation from the City Commission that extra dollars be invested into the schools to reduce the teacher/pupil ratios would be helpful; that Commissioner Merrill's recommendation that the Commission establish a goal that every child in the City have the opportunity to attend any public or private school with high test scores is questioned; that neighborhood schools are desirable; that virtually every student attending Alta Vista or Southside Elementary Schools walks or rides a bicycle to school. Commissioner Merrill stated that 25 percent of the student body at Alta Vista Elementary School participates in the ESOL program. BOOK 43 Page 16150 01/26/98 7:00 P.M. BOOK 43 Page 16151 01/26/98 7:00 P.M. Commissioner Cardamone stated that although some busing exists, a great many students walk. Mayor Pillot stated that the majority of students walk to school. Commissioner Cardamone stated that an emphasis should be placed on the schools; that although a relationship exists between good neighborhoods and good schools and bad neighborhoods and bad schools, the building housing Alta Vista Elementary School is a beautiful enhancement to the entire neighborhood; that the existing problem is one of population demographics rather than substandard school facilities; that the same problem can be expected at Tuttle Elementary School when the ongoing remodeling project is completed; that although the School Board is providing capital improvements, the City Commission should request the reasons for the low test scores be researched to help children from families of limited means achieve better educational opportunities. Commissioner Cardamone further stated that School Board members questioning Commissioner Merrill's comments regarding schools have been advised of the symbiotic relationship between good schools and good neighborhoods; that the principal at Alta Vista Elementary School informed her that Commissioner Merrill has been invited to tour the school; that after visiting the school, Commissioner Merrill should present a report from the viewpoint of a neighborhood resident; that the Commission has an obligation to discuss the low test scores with the School Board; that a dilemma exists; that neighborhoods should not fail due to perceived or real school problems. Commissioner Merrill stated that although he has spoken to the principal at Alta Vista Elementary School, who invited him to act as a judge at a science fair, he does not wish his visit to be perceived as that of a representative of the City Commission directed to instruct the Principal on the proper way to run the school. Commissioner Cardamone stated that the intent of the invitation would be to tour the facility. Commissioner Merrill stated that a judge in Kansas City, Missouri, decided that test scores were low because sufficient funds were not being expended to educate students in the local school system; that a Statewide tax was imposed and a billion dollars invested into the Kansas City school system; that the test scores did not improve; that a difference may exist between children whose parents emphasize the importance of homework and those whose parents do not; that new studies of the human brain indicate that the mind of a child whose neurons are not sufficiently stimulated as an infant will not fully develop. Commissioner Merrill continued that he knows how the middle-income group thinks because he is one of them; that a father would never consider buying a home in a neighborhood with the worst test scores of all elementary schools in the County unless he intended to send his children to private schools; that the southeast side of the City cannot adequately compete for residents who can afford to send children to private schools; that the issue of schools cannot be avoided if the Commission truly intends to preserve neighborhoods; that the following three elements must be addressed to revitalize the east side neighborhoods: 1. Safety Commissioner Merrill stated that Lakewood Ranch is safe simply because of its distance from bad neighborhoods; that statistics prove the safety of suburban subdivisions. 2. Housing Stock Commissioner Merrill stated that contemporary families are seeking housing stock with large master bedrooms and baths and two- cars garages none of which is offered in most of the homes in the east side of the City. 3. Schools Commissioner Merrill stated that the schools in the suburban areas provide the best schools in the County; that additional suburban middle-income subdivisions are being developed in South County; that the test scores rise higher the further south and east one travels. Commissioner Merrill continued that innovations are always questioned and challenged; that improvement of neighborhood schools should be established as one of the City's goals; that schools with high test scores must be easily available to all City children as the only way to attract the middle-income group back into the east side neighborhoods. Commissioner Patterson stated that a real dilemma exists; that in order to produce the results sought by Commissioner Merrill, substantial City funds would have to be expended to create schools available to children from middle-income families but not to those from lower-income families; that the recommended policy cannot be supported for many reasons; that the existence of a population of children handicapped by their environment must be accepted in an area where average family income is 20 percent below the rest of the County; that the School Board has developed a long-term program to invest extra resources into neighborhood schools to provide lower-income children with educational opportunities conducive to facilitating a middle-income adulthood. BOOK 43 Page 16152 01/26/98 7:00 P.M. BOOK 43 Page 16153 01/26/98 7:00 P.M. Commissioner Patterson continued that school choice is a double-edged sword; that people can choose to send their children to a middle-income-oriented school; however, the schools in the lower-income level neighborhoods are deprived of the catalyst provided by middle-income children; that the problem cannot be resolved by the City Commission without massively funding magnet schools from which low-achieving children would be excluded; that she does not know how such a thing can be done. Commissioner Merrill stated that the details should not be addressed at this time; that the Commission will hopefully remain true to the City's commitment to the preservation of neighborhoods; that the City of Sarasota should take the advice given by Time Magazine in 1991 that cities should focus on keeping the middle-income groupi that after receiving more data regarding existing demographics in neighborhood schools and the relationship between schools with high test scores and neighborhood preservation as well as input from the neighborhood residents on the southeast side of the City, the Commission will realize that providing the availability of schools with high test scores is critical and essential; that existing middle-income neighborhoods will not remain middle income without improving the test scores in the local schools; that the School Board will not address the problem in the same way as the City Commission; and asked if the Commission supports requesting the City Manager to obtain officially updated demographic data to ensure the validity of the information. Commissioner Cardamone stated that the data will be compiled in the Financial Sustainability Study; that she has no problem with the data being gathered prior to completion of the Study; that the State and the School Board can be telephoned and requested to fax the information. Commissioner Cardamone continued that a low percentage of the public showed any interest in the school-choice proposal; that the neighborhood school concept is alive and well; that the Commission should encourage homework assistance programs at Alta Vista and Tuttle Elementary Schools; that the Volunteer Center should be contacted to enlist people to help children with reading and math skills; that the School Board is obligated to facilitate homework assistance; that no interest exists in running a City school program as a good educational opportunity is currently provided by the Sarasota County School Board; that two schools located in the City require further attention; that the City should take a proactive stance. Commissioner Patterson agreed. Commissioner Merrill asked if a consensus of three Commissioners exists to obtain official demographic data regarding County schools from the School Board and the State. Commissioner Patterson stated that she does not object to soliciting the data as long as the direction to the Administration is limited to making a telephone call. Commissioner Merrill stated that the City Manager should obtain from the Sarasota County School Board an official, updated version of the data published in the Sarasota Herald-Tribune regarding test scores and demographics; that a consensus exists to request the City Manager to do sO. City Manager Sollenberger stated that the requested data will be obtained. COMMISSIONER PATTERSON : A. stated that a telephone call was received from a neighbor of the City Manager's on Shoreland Drive complaining that the speed humps on that street hit the undercarriage of his automobile; that a ride was taken in the resident's automobile; that regardless of the speed, the undercarriage of the automobile is severely impacted by the speed humps which were the first installed in the City; that the impact to the resident's automobile must be causing some damage. City Manager Sollenberger stated the speed humps do not impact the undercarriage of any of the three automobiles that he uses. Commissioner Patterson stated that she goes over the speed humps all the time with no problem; however, Older, long-bodied automobiles may suffer the impact. Mayor Pillot asked the speed the vehicle was traveling? Commissioner Patterson stated that the impact was felt at 5 miles per hour (mph), 10 mph, 15 mph, and 25 mph; that removing the speed humps is not being recommended; that the resident indicated the same impact is not experienced when he drives over other speed humps in the City. City Manager Sollenberger stated that a report will be returned to the Commission. B. stated that shrubs in the landscaping along the North Tamiami Trail should be replaced; that she supports approval of funding to landscape the two unsightly medians on the North Tamiami Trail located immediately outside the City limits; that although the City should not be required to maintain medians located in the County, the unsightly appearance should not continue. BOOK 43 Page 16154 01/26/98 7:00 P.M. BOOK 43 Page 16155 01/26/98 7:00 P.M. Commissioner Cardamone stated that the City was supposed to be reimbursed for maintaining the medians. City Manager Sollenberger stated that the Sarasota-Bradenton International Airport has substantial funds to invest in the capital development of the medians; however, the issue remains as to which government body will assume the long-term maintenance of the medians; that the Sarasota/Manatee Airport Authority has indicated they do not intend to maintain roadway medians; that the Commission will be presented a proposal which is proceeding slowly through the County Attorney's Office to develop an interlocal agreement whereby the City and the County will trade responsibilities for maintenance of landscaped medians. City Manager Sollenberger continued that the County currently maintains the medians located on the portion of U.S. 41 south of Bay Road recently annexed into the City; that the County will continue to maintain the medians; however, the maintenance expense would be reimbursed by the City; that conversely, the City would be reimbursed by the County for maintaining the medians on the North Tamiami Trail; that the balance of payments would be favorable to the City; however, the maintenance work required on the North Tamiami Trail is more intensive as the City installs shrubs rather than grass; that a proposal will be presented to the Commission in the future. Mayor Pillot stated there is a consensus of the City to authorize the Administration to draft an interlocal agreement whereby the City would reimburse the County to maintain medians in the newly annexed portions of the City on South Tamiami Trail and the County would reimburse the City to maintain the landscaped medians on the North Tamiami Trail immediately outside the City limits. VICE MAYOR DUPREE: A. stated that he distributed to each of the Commissioners a copy of a letter by Sandra Singleton, a 15-year-old, high-school student requesting to serve on the Citizen's Tax Oversight Committee; that Ms. Singleton was assigned to observe his activities when he was first elected to the Commission; that he would be happy to appoint Ms. Singleton to the Committee; however, she does not live in his district. Commissioner Cardamone stated that no discussion has occurred regarding whether or not appointees to the Citizen's Tax Oversight Committee are required to live in the district represented by the Commissioners. Mayor Pillot stated that Commissioners are not limited to appointing members of the Committee from individually represented districts. B. stated that the older plaques at the Circus Ring of Fame on St. Armands Key have turned green and require cleaning; and asked if the City could accept the responsibility of periodically cleaning the plaques and applying a coating to prevent tarnish. Commissioner Patterson stated that the Board of Directors and members of the Circus Ring of Fame may actually prefer the antique appearance of the plaques. Vice Mayor Dupree stated that a comment has been received by a resident whose opinion is the plaques should be cleaned. Mayor Pillot asked if the problem should be referred to the City Manager? Vice Mayor Dupree stated yes; that the Ringling Brothers Circus has always provided entertainment to and been part of the history of the City; that the people inducted into the Circus Ring of Fame have provided many hours of enjoyment to the public. City Manager Sollenberger stated that the City permits the placement of the plaques and installs the concrete upon which the plaques are placed; however, the entire operation is privately funded and financed excepting those two functions; that the organization which installs the plaques should be requested to clean the plaques; that the task is expected to take a great deal of time; that the status of the City's landscape maintenance is not satisfactory; that sufficient Staff is not available to keep up with the work; that nothing derogatory is inferred regarding City employees who are extremely hard-working; however, a workload problem exists; that cleaning the plaques should be brought to the attention of the Circus Ring of Fame organization. Vice Mayor Dupree stated that cleaning the plaques once or twice per year would be sufficient; that the amount of Staff time required is unknown; however, many people visit the plaques on a regular basis. City Manager Sollenberger stated that a report will be returned. Commissioner Cardamone stated that the Circus Ring of Fame organization should accept responsibility for cleaning the plaques installed by that organization. MAYOR PILLOT: BOOK 43 Page 16156 01/26/98 7:00 P.M. BOOK 43 Page 16157 01/26/98 7:00 P.M. A. stated that he will be absent from both regular Commission meetings in March 1998; that he and Commissioner Patterson will miss the March 16, 1998, regular Commission meeting. Commissioner Patterson stated that she will not return until March 18, 1998. Mayor Pillot stated that two Commissioners will be absent from the March 16, 1998, regular Commission; that he has no objection to the meeting proceeding without him; that on March 1, 1998, he will leave to represent the City in Israel and will return late on March 16, 1998. Commissioner Merrill stated that the Commission can officially excuse Mayor Pillot in advance; and asked if the Commission should reach a formal consensus to do so? Commissioner Patterson stated that the Commission should excuse Mayor Pillot and her; that illnesses or accidents could cause them to miss three consecutive meetings which could result in their removal from the Commission. Commissioner Cardamone stated that the meeting could be rescheduled. Commissioner Merrill stated that rescheduling the meeting is supported. City Auditor and Clerk Robinson asked if the March 16, 1998, regular Commission meeting should be rescheduled to March 17, 1998? Commissioner Patterson stated that she will not be able to attend the meeting on March 17, 1998. Mayor Pillot stated that the Commission should take under consideration the issue of rescheduling the March 16, 1998, regular Commission meeting Commissioner Cardamone stated that sufficient notice has been provided to reschedule the meeting in the future. B. stated that congratulations and appreciation are expressed to the Staff of the Office of the City Auditor and Clerk for development of the web site; that although some minor technical problems occurred at the outset, a tremendous amount of work was performed by Shawn Fulker, Manager of Central Records, Karen McGowan, Deputy City Auditor and Clerk, and other Staff members; and requested City Auditor and Clerk Robinson to name the Staff members involved in developing the web site. City Auditor and Clerk Robinson stated that the referenced web site is specific to the Office of the City Auditor and Clerk; that a web site exists for the entire City as well. Mayor Pillot stated that much of the data is provided by the Office of the City Auditor and Clerk. City Auditor and Clerk Robinson stated that the data for the web site for the Office of the City Auditor and Clerk was developed by his Staff; that the web site is up and running. Mayor Pillot asked City Auditor and Clerk Robinson to name all the members of Staff who worked on the web site. City Auditor and Clerk Robinson stated that Mr. Fulker installed the web site and virtually everyone in the Office of the City Auditor and Clerk provided input; that his entire office Staff is responsible for the web site. Mayor Pillot stated that appreciation is expressed for the effort; that the small technological delays were insignificant compared to the service provided to the public. City Auditor and Clerk Robinson stated that approximately 30 people have already E-mailed messages back to the Office of the City Auditor and Clerk. Commissioner Cardamone stated that another city has named their web site "The Key to City Hall." 4. OTHER MATTERS /ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) #2 (2610) through (2649) CITY MANAGER SOLLENBERGER: : A. stated that the Agenda of the February 2, 1998, regular Commission meeting will include a request to the Commission to appoint 10 members to the Citizen's Tax Oversight Committee; that each Commissioner will be requested to appoint two people. CITY AUDITOR AND CLERK ROBINSON: : A. stated that a vacancy exists on the Nuisance Abatement Board and the Planning Board/Local Planning Agency (PBLP); that appointments should be made to both Boards as quickly as possible; that the Commission is requested to refer interested parties to the Office of the City Auditor and Clerk; that existing applications from people wishing to serve on the PBLP will be presented at the February 2, BOOK 43 Page 16158 01/26/98 7:00 P.M. BOOK 43 Page 16159 01/26/98 7:00 P.M. 1998, regular Commission meeting; that no applications have been received for the Nuisance Abatement Board. 5. ADJOURN (AGENDA ITEM XII) #2 (2651) There being no further business, Mayor Pillot adjourned the special meeting of January 26, 1998, at 9:45 p.m. - Rif GENE PILLOT, MAYOR ATTEST, 50 74 Ae L BII B. INSON, CITY AUDITOR AND CLERK - ;