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DRAFT well as the 32 unrestricted bars without use permits. He asked the Commission to support staff's position and approve the request. Mr. MacDonald stated that he hopes the Commission noticed that far more residents who live Downtown came in support than in opposition. With respect to setting a precedent, he noted that the noise ordinance is one, around which the staff recommendation is built. He expressed hope that the proposal is not killed with details. Mr. Barone thanked everybody for offering their opinions both pro and con, and stated that his intentions were never to anger anybody in the neighborhood. He noted that they have worked with the St. John townhomes for years regarding issues relating to respect to glass and bottle noise issues and leaf- blowing. He stated that their intentions are not to play seven days a week but asked that they be allowed the option and some flexibility, given requests. He stated that their current plan is to use the grounds on Thursday evenings only, and if guests encourage them, they may hold events on Friday and Saturday nights as well. Mr. Barone stated that they bought the restaurant, which was zoned commercially, well before the townhomes were there, and to point the finger at Barone's for glass in the bushes or for using on- street parking is not fair. He indicated that he did not appreciate comments that he would not comply with the conditions after he has been doing business for 14 years and assured the Commission they will shut down the music at 10:00 p.m. He suggested that noise readings be taken and thanked the Commissioners for their consideration. Commissioner Narum asked Mr. Barone how they would keep noise at a level that would meet the ordinance. Mr. Barone replied that they have never exceeded a 70- decibel reading and did not know whether Mr. Churka's meter is calibrated as he [Mr. Barone] got a reading of 62 decibels on the night in question. Ms. Barone clarified that they understood that because of precedence for the last 20 years, Downtown businesses have had music until 10:00 p.m. and that she thought this was still the case. She stated that the first time police arrived, they did not know they needed to shut down and that they had a decibel reading which did not exceed the ordinance. She added that they were made aware on the second night that music was allowed only until 9:00 p.m., and when they realized then that they exceeded this time by about five minutes, she ran on the stage and announced it, such that when the police came, they could not even pick up a decibel reading. She stated that the third time the police came and shut them down, there was no decibel reading. She indicated that they do not want to anger anyone and that they respect the neighbors. She noted that they would like to close at 10:00 p.m. and that even at the highest point, the decibel reading was never above 70 decibels. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 8/12/2009 Page 11 of 17