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Acting Chair Blank suggested adding language that the Planning Commission will be notified and at its discretion may request a review. Mr. Dolan stated that would be fine. Commissioner Narum agreed that it is a much better approach. Commissioner Pearce added that the Commission would then have the information and can make a determination. Commissioner Olson stated that he is not in favor at this point of telling every business owner with outdoor activities that they have to measure and self- monitor. He added, however, that considering this is a citizen - driven process, if a resident's complaint results in a violation, part of the teeth is to require the business to start monitoring its noise; and if it is elevated to the Planning Commission, then there needs to be additional teeth. Acting Chair Blank agreed but with a different take. He noted that technically, both 75 dBA and 100 dBA are violations, and if the violation comes to the Commission for adjudication, one of the tools is to say to the business that the Commission finds its behavior egregious and, therefore, the Commission is requiring the business to start self- monitoring, or the Commission can modify its Conditional Use Permit. He added that if the Commission finds that the offense was totally inadvertent, then the Commission can let business off with a warning not to do it again. Commissioner Pearce commented that it seems to strike a balance. Commissioner Narum asked the Commission how it feels about adding language that the properties in the Transitional Area on the Peters Avenue side that do not border on Peters Avenue could potentially apply to be in the Core Area. Acting Chair Blank stated that he thinks it opens a huge can of worms. He noted that when somebody buys the property and then decides to get in the Core Area, then he /she decides to sell the property, he /she will want out of the Core Area because it is easier to sell property outside of the Core Area. He proposed that properties that really want to be in the Core Area should get noticed so everybody knows about it and follows the usual process. Commissioner Narum agreed that they should go through the process but she would like to add some language that it is potentially an option. She stated that while she totally supports this wider Transition Area on Peters Avenue, she also thinks, at the same time, that some businesses have been arbitrarily taken out of the Core Area. She noted that one business on Rose Avenue or Angela Street might potentially be a candidate at some point, and if the business decides it want to move to the Core Area, it would have to apply to do so. PLANNING COMMISSION MINUTES, November 14, 2012 Page 16 of 31