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PC 091212
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
9/12/2012
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Any other related item, as so desired by the Commission. <br />Commissioner Pearce stated that she would like to bring up two potential concerns that <br />she has: the first is what Commissioner Blank brought up regarding the phrase "to the <br />best of their ability" under the good neighbor policy on page 10 of the Guidelines. She <br />questioned why it cannot just say 'Post signage near exit doors...." <br />Chair Pentin stated that both Commissioner Narum and he did have that discussion <br />about "shall" and "should" quite a bit. <br />Commissioner Blank stated that the problem with "to the best of your ability" is <br />somebody coming in and saying that he has only have one employee and he cannot do <br />it, but if he has two employees but he is really very busy so that is the best he can do. <br />He indicated that the Commission has had situations where the business owners have <br />been less than good stewards of the business, and he felt that "to the best of their ability" <br />is saying "commercially reasonable efforts," and nobody knows what that means. <br />Commissioner Narum stated that sne recalls that the Task Force actually reviewed this <br />late at night at the last meeting and discussed changes, but they did not meet again as <br />group to see the final draft. She indicated that she remembers they had some <br />discussion about strengthening some of this language where "you will do this" so things <br />are black and white. <br />Commissioner O'Connor agreed. <br />Commissioner Pearce stated that the second thing she wanted to talk about is the fifth <br />item on page 19 of the Guidelines: "Event organizers should hire additional staff ... as <br />deemed necessary by City review." She indicated that she would like to have a <br />conversation about "should" versus "shall" on that one, given the overarching concern <br />expressed by the PDA consultant regarding safety. She added that she would like to <br />honor that discussion and have a conversation about putting some teeth into that. <br />Commissioner O'Connor stated that he thinks "shall" or "will" should be used where <br />possible in the policy because it could be an issue if a problem arises and staff have no <br />teeth. <br />Commissioner Pearce stated that it is just that there is a recommendation to call these <br />"Policy" instead of "Guidelines." <br />Chair Pentin noted that he has seen the Commission change "should" to "shall" over and <br />over where possible and stated that he believes that would happen when this comes <br />back. <br />Chair Pentin asked Ms. Ott if staff have everything they need. <br />Ms. Ott said yes and thanked the Commission. <br />PLANNING COMMISSION MINUTES, September 12, 2012 Page 32 of 35 <br />
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