Dispute between two may mean revision for all
BY PHIL REYNOLDS SOUTH JETTY REPORTER

You haven't heard the last of the city's noise ordinance. Neither has the city council. Faced with a resident who can'sleep on one hand and a businessman who depends on live music lovers on the other hand, the council has the problem of either trying to decide who's right or mediating the disagreement.

Hewitt Krauskopf has lived in the 400 block of North Alister Street for years. The Pelican's Landing restaurant has been in the 300 block of North Alister Street for years. During the day, there's no problem. At night, when Krauskopf wants to get some sleep, bands begin playing in the Pelican's Landing open-air music venue.

Both were at the city council meeting their cases, although both added that they were willing to work together to come to some kind of agreement.

The council sent the question of whether to rewrite the city's noise ordinance to the Planning and Zoning

(P&Z) Commission in October after hearing complaints about loud music. At issue, among other things, is whether the current ordinance needs to be changed from one that sets an 85-decibel level as the maximum allowable volume to one that's more subjective.

P&Z commissioners responded with a suggested ordinance that did away with references to "mechanical and electrical reproduction and amplification of sound" and with "grating or other annoying noises."

It replaced the section on grating and annoying noises with one that prohibits "any loud and excessive noise in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 10:00 p.m. and 5 a.m. the following day, in such a manner as to cause a noise disturbance across a residential real property boundary."

They also limited noise from commercial construction equipment to 6 a.m.-7 p.m. Monday-Saturday and 8 a.m.-5 p.m. Sundays, and noise from tools such as power saws, grinders, drills and lawn and garden tools to 7 a.m.-9 p.m. on any day.

City Planning and Projects Director David Parsons said the staff had looked at noise ordinances in several cities, learning that about half set decibel levels as noise standards, but the other half depended on complaints about grating, irritating noises.

Commissioners recommended that Ahlstrom and Krauskopf get together and work out an arrangement that's acceptable to both, and gave them six months to do that before the matter comes back before the city.

At the council meeting, Jim Brannon, a friend of Shorty's owner Rose Gates, noted that during special occasions at Shorty's bar, his lodging business benefits from overflows. Live music isn't just good for the music venues, he said.

"The perception of noise is personal," Brannon said. "(Gates) is fortunate to have her business where it is, because she's surrounded by bars and probably 400 yards from any sleeping establishment except Coast Guard, and they're usually out on the deck enjoying the music.

"Not only do (music lovers) come and stay, they spend a lot of money while they're in town. Some come on motorcycles, and I would suggest a lot of motorcycles may sound like noise, but to me it sounds like money going down the street."

Both P&Z and the council mentioned an agreement between the Back Porch bar and Coast House. The live music bar and the condominiums are virtually at arm's length - about 10 feet apart in some spots - but have managed to live side by side amicably.

Among the measures taken by the Back Porch are warnings to bands about noise levels and construction of special walls designed to deflect sound away from the living quarters.

"When this (disagreement between Pelican's Landing and Krauskopf) started, we took measures, including turning speakers (in different directions) and putting up the best walls we could get which were temporary, which appeared to lower complaints on most nights," Ahlstrom told the city council on Dec. 21.

"We are still researching sound deadening walls. I know this recommendation is a six-month trial period, but Mr. Krauskopf and I are discussing it, and he did say after this summer the sound levels are better.

"I know he's gone to some expense in his home, and we'll continue to try to be a good neighbor," Ahlstrom continued. "I'd ask you to allow us to continue to operate as a commercial establishment in a commercial zone at a (sound) level that shouldn't be overbearing to our neighbors."

Krauskopf agreed that Ahlstrom had taken measures to reduce the sound levels, but said he's against an ordinance that leans solely on decibel measurement.

"I appreciate what Mike (Ahlstrom) is saying, but I ask you not to take the common sense out of the ordinance," he said. "When you say you're OK at 85 decibels but you're screwed up at 86, you've lost something. Are you going to use a decibel meter with dogs that bark, or any other noise that falls under this ordinance? We're not against live music; we're just against the fact that it invades our home."

"It's not about them and you, it's about the whole town, " said Councilmember Beverly Charles.

"It's going to be coming up over and over," she predicted.

"We're basically mediating a dispute -- and it's a worthy one, I grant -- but I'm hesitant to change an ordinance that's going to affect everyone in the community when the problem appears to be between this business and its neighbors," said Councilman Keith McMullin.

In the end, the council agreed that it shouldn't be mediating a disagreement between two parties, and was reluctant to change an ordinance that would affect the entire city to do that.

It supported the P&Z recommendation that Ahlstrom and Krauskopf work out an agreement, but set no limit on how long they had to do that.