10-09-2000 Council Minutes - Laserfiche WebLink

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dr ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 5. #2604 James Anderst, 3380 Shoreline Drive — Commercial Site Plan Review and Conditional Use Permit — Resolution No. 4530— Continued The Planning Commission discussed that requiring the applicant to cease live entertainment at 12:00 a.m. could put him at a disadvantage with his competition. Kelley questioned the definition of "live entertainment." Flint stated that the City has ordinances against excessive noise and adult entertainment. Mr. Anderst stated that he would like the Council to reconsider the Planning Commission's recommendation that he be required to stop live entertainment at 12:00 a.m. He stated that a large number of patrons would use the rear entrance because most of the parking is to the rear of the building. When they have live entertainment, they post staff at the entrances to collect a cover charge, and staff will be able to control the doors and keep noise pollution to a minimum. He requested 1 year to prove that noise pollution would not be excessive under the current circumstances before the City dictate restrictions. Mayor Jabbour showed Mr. Anderst a letter of support from a neighbor. Gaffron showed Council a petition that staff received in support of the Narrows Saloon expansion and live entertainment with 10 to 12 pages of signatures. Mr. Anderst stated that their liquor license require they have last call prior to 1:00 a.m. • and no alcohol can be served after 1:00 a.m., with everyone out of the building by 1:20 a.m. He would like bands to play until 1:00 a.m. Jan Berg, Planning Commission, stated she would prefer music be stopped by 12:30 a.m. Peterson, Flint, and Kelley agreed with a 12:30 a.m. stop time for bands and a 1 year trial period where the applicant controls noise pollution. Kelley stated that in future, a police report on any complaints of excessive noise should be included with such applications. Mayor Jabbour stated Council would pass the conditional use permit allowing live entertainment until 12:30 a.m. with the applicant monitoring noise levels for 1 year, at which time the Council will revisit the issue. Mr. Anderst asked what the 12:30 a.m. rule accomplishes. Kelley stated it would move people out earlier. Mayor Jabbour stated that the City's primary concern is for the residential interests. Kelley moved, and Flint seconded, to adopt Resolution No. 4530 granting a conditional use permit per Municipal Zoning Code Section 10.40, Subdivision 4(D) allowing a Class II 'Restaurant, which serves intoxicating liquor and has live entertainment in the B -1 Retail Sales Business District with the conditions that live entertainment end by 12:30 a.m., and that the front entrance may remain a single door for one year provided that the applicant adequately monitors and controls noise, at which time the City Council will review the situation and any complaints u El