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Marisol Barone, applicant, assured the Council there are no intentions to begin food or alcohol service at that hour. She said she would like the ability to host events such as bridal or baby showers, which often occur earlier in the day. She also assured the Council that providing live music 6 nights per week would be cost prohibitive. Vice -Mayor Cook Kallio questioned, and Mrs. Barone confirmed, that food service is available at least until music events end. Mr. Barone said it is clearly not cost effective to employ a full kitchen staff from 6 a.m. to 1 p.m. and explained that after 10 p.m., appetizer plates which can be prepared by any staff member are available. Councilmember McGovern acknowledged that the Barone's are not likely to take advantage of this flexibility but noted that the use permit stays with the property and any subsequent owner may not be so responsible. Councilmember Thorne questioned and confirmed with Mr. Bocian that the Council would have the ability to intervene in such a situation. Mr. Dolan provided specific language for the Council's consideration on the revision to Condition 4. He said that it includes acceptance of the proposed wall, but noted that staff has not had an opportunity to review the design specifications and would request some sort of review. He also provided language stipulating that the applicant assume responsibility for some level of noise monitoring. Councilmember Sullivan said he appealed this ruling in hopes that the Council could discuss other options that would meet the needs of both the business owners and neighbors. He has no interest in denying the Barone's request and based on what was stated this evening, he can support amplified outdoor music on the weekends. He does have issue with the precedent set by the open -ended permit, stated that it is not a small pocket of people who derail these decisions but rather that the wishes of those people are not heard when the Chamber of Commerce and PDA mobilize people in favor of their own interests. He said many residents in different parts of the City have concerns which the Council tends to marginalize. He said every consideration has been given to the applicant, Chamber of Commerce, and PDA while none was given to the neighbors. Councilmember McGovern said she could not support the motion. She reiterated her desire to limit alcohol service and condition amplified music to 3 nights per week. She objected to the portable restrooms and said it should have been made clear that the Council does not support their presence in the downtown for extended periods of time. Motion: It was m/s by Cook- Kallio/Thorne to adopt Resolution No. 09 -318 denying the appeal thereby upholding the Planning Commission approval to modify the existing Conditional Use Permit (CUP- 88 -25) for the operation of Barone's Restaurant located at 475 St. John Street to allow outdoor music and entertainment; and to accept staff's proposed amendments to Condition 4 and a 6 -month review by the Director of Community Development. Motion passed by the following vote: Ayes: Councilmembers Cook Kallio, Thorne, Mayor Hosterman Noes: Councilmembers McGovern, Sullivan Absent: None City Council Minutes Page 13 of 15 September 1, 2009