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could set a precedent. It might shortchange the affected neighbors and their ability to state their concerns. Mayor Tarver said he had voted at the last meeting not to make a microbrewery a permitted use, but to make it a conditional use which would require notice to the neighborhood. The conditions placed on the permitted use would only require the operator of a microbrewery to go before the Council/Planning Commission on an appeal about the noise/odor or other nuisances that it might generate. Ms. Michelotti commented when this first came before Council, it had already been to the Zoning Administrator and reviewed by staff. Staff has built into the ordinance a mechanism that would bring the issue back if something adverse happened. She felt the ordinance addressed concerns of the neighbors and therefore she was in favor of this operation as a permitted use. Other permitted uses that are now allowed in the Center would have brought a more intense use. There is recourse within the ordinance the way it is drafted. She felt the issue was that there have already been problems in this particular Center. Those issues need to be brought up separately and addressed with the owner. Ms. Mohr pointed out that the microbrewery is an 8:30 - 5:00 p.m. retailer selling a product. This would be one of the least offensive businesses that could go into that Center. The applicant had some time pressures in terms of getting his financing in place and it was a use that seems benign. In trying to create a business-friendly environment, Council did not want to create problems for the neighbors. Council needs to get the Center's management to deal with the on-going problems. Mr. Gade said he did not have an issue with the microbrewery. The draft ordinance stated if problems arise it allows for correction. He wanted to make sure the new policy doesn't allow a business go in without the neighbors being notified. Kathryn Stephens, 2793 Longspur Way, asked if there had been a meeting with the neighbors regarding Hopyard Plaza? Mr. Swift stated he believed his staff had met with several neighbors as well as the Center's manager to discuss different options. This will be brought up again at the Planning Commission meeting later in the month. Ms. Stephens said she had not been aware of that meeting and felt only one household was contacted. She felt Mr. Garetz should not be put in the middle of the Hopyard Plaza problem. She commended him for contacting her and setting up the meeting where her views, along with others, were heard. One/two hours a week a scent will be released that has a bakery- like smell. Her father finds that objectionable. She would like the ordinance to say that the microbrewery must use carbon filters from the beginning to eliminate the scent. 10/03/95 -10-