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May 24, 2011 Page 4 of 7 traffic is very high in this area; currently Main Street Village does have background music. Councilmember Bauman stated she does not see an issue with background music. Councilmember Phillips expressed concern with the lack of measurable standards. Mayor Jacobsen commented that a standard would minimize subjective analysis. Councilmember Bauman suggested the owner should be required to monitor the noise levels. City Attorney LeFevere suggested conditions could be added to the applicant's liquor license; which is issued annually. Councilmember Burg asked City Planner Gundlach about the City's past practices pertaining to similar requests.. Ms. Gundlach noted this situation is unique due to the traffic flow. Councilmember Phillips expressed concern about allowing up to 64 patrons in near proximity to a residential area, and suggested possibly amending hours of operations. Councilmember Bauman asked if there were any public comments. Ms. Gundlach noted there has been no public comment. Councilmember Bauman suggested considering the seasonal aspect of patios, noting this would not be a constant nuisance. City Attorney LeFevere noted it would be difficult to handle complaints without a standard in place. Councilmember Samuelson suggested researching the noise ordnance to allow realistic standards. Councilmember Phillips suggested sending the request back to the Planning Commission to allow more time for research. Councilmembers Burg and Bauman suggested the Council make the amendments in order to avoid delay. Councilmember Phillips recommended closing time be 11:00 pm, Sunday through Thursday, and 2:00 am, Friday and Saturday. Len Pratt, introduced Pamela Lynn representing Glory Days. Mr. Pratt recommended that the City consider entering into an encroachment agreement. City Planner Gundlach stated Pratt ' Ordway has met with City Engineers. The engineers are in agreement with an encroachment agreement, subject to approval by the City Attorney. Ms. Lynn stated she expects the patio patrons will engage in conversation, and does not anticipate a noise nuisance. Councilmember Samuelson questioned the Fire Exits. City Planner Gundlach noted that the Building Official will conduct a complete plan review, and determine proper locations for required Emergency Exits. City Planner Gundlach summarized the amendments as follows: I. The original patio design submitted by the applicant shall be acceptable subject to the applicant entering into an Encroachment Agreement satisfactory to the City Attorney, drafted at the applicant's expense, and recorded against the property. The agreement shall include language stating it will be at the applicant's expense should the patio need to be temporarily removed to accommodate drainage or utility needs within the easement area. In lieu of entering into the agreement, the applicant may implement the revised patio design that allows a 4' clear path on both sides so as to protect the integrity of the easement. 3. The restaurant's audio entertainment system shall not be part of any exterior audio capabilities the patio might have. Only background music shall be permitted on the patio, but may not be audible at the front door of any residence across 5Th AVE NW. 10. The following hours of operation shall be honored: Sun. — Thurs: stop serving food at l rpm, close at midnight, Fri. & Sat: close at regular bar close time. Motion by Councilmember Burg, seconded by Councilmember Samuelson/Bauman to adopt the resolution, subject to the conditions and amendments as read by the City Planner.