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DRAFT Commissioner Blank ask staff if a condition could be crafted along the lines of what Commissioners Narum and he are proposing. Ms. Decker replied that staff could do that. Commissioner Pentin stated that there could be a problem with neighbors arguing that the noise level is 72 decibels at one house and 68 decibels at Barone's, which could still involve the police. He added that what would be better is if there were a digital reading or paper record that can be literally looked at. He suggested that the Barones work with an acoustical expert to determine how this could be done. He indicated that he did not want the Commission to have to talk about the same issue six months down the line. Chair Pearce noted that if the meters are appropriately calibrated, they will get the same readings at the same places. She asked staff what the process is by which this might return to the Commission if Barone's exceeds the decibel level, if a complaint is made, and if police are called and a citation given. She stated that provided something is crafted and approved, she did not want residents to think there is a great "black hole" without the ability for neighbors to complain or the situation to be resolved. Ms. Decker stated that if the conditions of approval were compromised by operations or not maintained and derived through complaint, the City would send its Code Enforcement Officer out to the site. She added that in the past, staff has visited properties to verify the complaint and to determine whether or not there was compliance, based on the City's calibrated reading device. She noted that should complaints persist, staff would discuss the matter with the owner and try to find a way to mitigate the issue with the neighbors and business owner. She indicated that oftentimes, it has been suggested that an acoustic engineer do a separate reading and evaluate what could be done. She noted that if the problem were still to persist, staff would bring the matter to the Commission for review and consideration of what could further be done. Commissioner Narum stated that Barone's was a great addition to the Downtown and wants to see it successful but that she was a little concerned with an approval that may result in continual complaints. She supported that monitoring be done by the Barones, who can immediately tell the band to turn down the volume, and was inclined to initially limit the music to five days per week without indicating specific days. She also expressed support for an opening time of 6:00 a.m. but voiced some concern with staying open on a Sunday until 1:00 a.m. and then re- opening five hours later. Commissioner Narum stated that she was not aware that parking existed at the back and asked for a sign to indicate that. She added that with reference to Condition No. 2, she has a problem with allowing Barone's to stay open until 1:00 a.m. on the Wednesday before Thanksgiving which she believed is not reasonable for residents who would be with family preparing for Thanksgiving. She suggested limiting the music and the number of days to be open at 6:00 a.m., and if after a time, the restaurant is DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 8/12/2009 Page 14 of 17