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involve the police. He added that what would be better is if there were a digital reading <br />or paper record that can be literally looked at. He suggested that the Barones work with <br />an acoustical expert to determine how this could be done. He indicated that he did not <br />want the Commission to have to talk about the same issue six months down the line. <br />Chair Pearce noted that if the meters are appropriately calibrated, they will get the same <br />readings at the same places. She asked staff what the process is by which this might <br />return to the Commission if Barone’s exceeds the decibel level, if a complaint is made, <br />and if police are called and a citation given. She stated that provided something is <br />crafted and approved, she did not want residents to think there is a great “black hole” <br />without the ability for neighbors to complain or the situation to be resolved. <br />Ms. Decker stated that if the conditions of approval were compromised by operations or <br />not maintained and derived through complaint, the City would send its Code <br />Enforcement Officer out to the site. She added that in the past, staff has visited <br />properties to verify the complaint and to determine whether or not there was <br />compliance, based on the City’s calibrated reading device. She noted that should <br />complaints persist, staff would discuss the matter with the owner and try to find a way to <br />mitigate the issue with the neighbors and business owner. She indicated that <br />oftentimes, it has been suggested that an acoustic engineer do a separate reading and <br />evaluate what could be done. She noted that if the problem were still to persist, staff <br />would bring the matter to the Commission for review and consideration of what could <br />further be done. <br />Commissioner Narum stated that Barone’s was a great addition to the Downtown and <br />wants to see it successful but that she was a little concerned with an approval that may <br />result in continual complaints. She supported that monitoring be done by the Barones, <br />who can immediately tell the band to turn down the volume, and was inclined to initially <br />limit the music to five days per week without indicating specific days. She also <br />expressed support for an opening time of 6:00 a.m. but voiced some concern with <br />staying open on a Sunday until 1:00 a.m. and then re-opening five hours later. <br />Commissioner Narum stated that she was not aware that parking existed at the back <br />and asked for a sign to indicate that. She added that with reference to Condition No. 2, <br />she has a problem with allowing Barone’s to stay open until 1:00 a.m. on the <br />Wednesday before Thanksgiving which she believed is not reasonable for residents <br />who would be with family preparing for Thanksgiving. She suggested limiting the music <br />and the number of days to be open at 6:00 a.m., and if after a time, the restaurant is <br />successful without complaints, she would be open to entertaining increasing the number <br />of days. <br />Commissioner Pentin stated that he was not in favor of micro-managing, and referring <br />to opportunity, he noted that if Barone’s is already booked to open at 6:00 a.m. for five <br />days and additional opportunities arise thereafter, he felt it would be a detriment to <br />business to turn that opportunity down. He further questioned who would keep track of <br />PLANNING COMMISSION MINUTES, August 12, 2009 Page 17 of 23 <br /> <br />