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Mayor Hosterman stressed the Council's commitment to keeping the downtown area vibrant, clean, and inviting for pedestrian traffic. She appreciated the PDA's efforts to assist in developing a hospitality ordinance. She asked that, as the Council is essentially effectuating a good neighbor policy via these conditions, Vice -Mayor Thorne withdraw his request for Council support to address the noise ordinance until such time as the hospitality ordinance has been developed and is before the Council for discussion. Vice -Mayor Thorne said he had decided before her request to not ask that the applicant perform noise monitoring until such time as the hospitality ordinance has been adopted. He said he believed the current standards to be unrealistic and withdrew his initial request. MOTION: It was m/s by Hosterman/Thorne to approve staff's recommendation, as drafted. Mayor Hosterman acknowledged the argument that Redcoats owners and employees should be responsible for ensuring the cleanliness of additional sidewalk areas beyond the subject site. She said the current solution seems to be suitable and that the Council would be open to readdressing the matter in the future if need be. Councilmember Cook- Kallio requested clarification on the motion. Mayor Hosterman said she was requesting approval of the staff recommendation, including the additional conditions of approval submitted via memorandum. Councilmember Sullivan confirmed with staff that Condition of Approval No. 8 would permit police to respond to noise complaints with some sort of sound measuring device. He said he could support the motion as he believes the attached conditions to be in everyone's best interests. He did caution that care must be taken to balance the right to do business with the rights of residents. He said staff devised these conditions well and wished the same had been employed with Barone's Restaurant. He requested that staff return with a report, including police service call information, in 6 months to update the Council. He also noted he has heard the hospitality ordinance referred to in several ways and requested clarification on how that ties in with the consultants obtained by the PDA. Mr. Fialho said it is a City Council priority to develop a right to do business ordinance, also referred to as a hospitality plan or ordinance, good neighbor policy, and others. He explained that the PDA board is sponsoring a hospitality effort through a non profit organization that works with municipalities throughout the country. This organization has been invited to meet with PDA stakeholders, City staff, and elected officials to discuss what such an effort might look like and how it has worked successfully in other communities. Separate from that, although related, the Council does have the priority already mentioned and it is staffs goal to participate with the PDA, learn their ultimate recommendation, and see how that dovetails into the Council's priority. Councilmember Sullivan asked how downtown residents and the larger community will be engaged. Mr. Fialho said staff would take the recommendation put forth by the PDA and then engage the community through the public process before coming to the Council for review. Councilmember Sullivan stated concern that the PDA recommendation would come straight to the Council and that the views of all downtown stakeholders would not be reflected. Mr. Fialho said that concern has been communicated directly to and is understood by the PDA. The PDA has its own priority to pursue and, while staff will partner with them in that effort, it is the City who will ultimately sanction the outcome. City Council Minutes Page 7 of 9 February 2, 2010