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Mr. Hunter stated that he feels Mr. Barone has demonstrated a complete and repeated lack of compliance and believed he will not be any more compliant with a 10:00 p.m. restriction. He noted that congestion and public safety on St. John Street and Peters Avenue have caused a significant impact, and any expansion of the hours they can serve alcohol will inevitably increase instances of drinking and driving, will harm his and his neighbors’ property values. He stated that he felt the Barones were using the economic downturn to seek a permanent change that will have lasting harm to neighbors. He added that the request does not present a balance of interests and noted that 15 years ago, live music was not allowed at Barone’s, and Casanova’s closed no later than 11:00 p.m. He stated that although he does not believe live music is generally appropriate Downtown, it is not appropriate off of Main Street and next to a high density residential area. He asked the Commission to consider the impacts of noise and the permanent stage the Barones are proposing. Kerry Ostrander stated that she has lived on St. John Street for 15 years and loves the general noise and Downtown feeling; however, she believed the key is compromise. She indicated that she has no problem with Barone’s having a band on Friday or Saturday nights; but because she is a high school English teacher, she and goes to bed very early some nights, and she would find it incredibly intrusive to hear music that she normally enjoys during the week. She stated that a compromise would be to limit the number of days and times for Barone’s to start and cease music. She noted that allowing music every night of the week changes the picture unpleasantly and voiced support for compromise. Dennis Wilborn stated that he lives on St. John Street adjacent to and 50 feet from Barone’s parking lot and 150 feet away from the stage area in the rear patio area. He distributed photographs of views from his bedroom window and acknowledged that the parking lot and Barone’s Restaurant existed when he purchased the townhome in 2004. He indicated that he supports a vibrant downtown but questioned the timeframe of operating until 10:00 p.m. in the patio area, which impacts his ability to operate his business which starts at 4:00 a.m. He noted that he will suffer from sleep deprivation but that those who live on St. John Court will take the biggest impact as sound waves pop off of the Rose and Pleasanton Hotels into their complex. He added that the decibel readings taken are at head level, but the sound propagates up and out, and, therefore, the readings are not accurate. He also acknowledged that residents share spillover noise from living in the Downtown, and if the music stops at 9:00 p.m., the spillover effect lasts until 10:30 p.m. Mr. Wilborn stated that he believed the City’s noise ordinances is out of date and that noise pollution in the range allowed is contributing to health issues and various illnesses. He recommended that because both performing areas are in line of site with the eastern boundary homes, the limit be set at 9:00 p.m. during the week and on 10:00 p.m. on Friday and Saturday. He also requested to reduce the acceptable decibel level to 60 at the property line, limit the number of performances to no more PLANNING COMMISSION MINUTES, August 12, 2009 Page 9 of 23