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DRAFT Commissioner Pentin stated that he had visited the building to look at the bench at night and noted that it is in the darkest part of the alley and had no lighting around it. He inquired if the area could be lit. Ms. Kennard replied that this is the first time this issue has been raised. THE PUBLIC HEARIN WAS CLOSED. Commissioner Blank moved to make conditional use findings as listed in the staff report and to approve Case PCUP 257, subject to conditions listed in Exhibit A of the staff report. There was no second to the motion, and the motion died. Commissioner O'Connor stated that he heard a lot of positive testimony and only little negative testimony. He noted that there were also letters received from those who could not attend and that it appears to him that everything discussed from a negative viewpoint was already covered in the original conditions of approval: Condition No. 4 regarding maintaining the area surrounding the restaurant and bar in a clean and orderly manner; Condition No. 5 regarding litter, loitering, and vibrations, not the volume of music but the bass; Condition No. 13 regarding prohibiting taking alcohol outside the premises. He added that he has heard staff say that there have not been any formal complaints and that if they did, it could be addressed as a Code Enforcement issue. Commissioner O'Connor stated that he could not modify the conditions to make it any better. He noted that adding two more nights of music midweek would not be a big change and that he agreed with staffs recommendation. Commissioner Blank asked Commissioner O'Connor if he was in agreement with the Conditions of Approval. Commissioner O'Connor replied that he was but that he wanted to have a discussion first. Commissioner Narum stated that she likes Redcoats and wants it to be successful and that she loves what the Byrd brothers did to bring the building back up to what it looks like today. She noted that there is no condition that the applicant will provide security during the nights music is played and agreed with Commissioner O'Connor that it is already included in Exhibit A. She indicated that she believes that the area must generally be policed and that the owner understands the ramifications of not doing policing the area. Commissioner Blank noted that the Commission has not required this of any other business owner but that he thinks it is in their best interest to have security. He indicated that he did not personally want security specified but questioned what would occur if Ms. Kennard decides to terminate the security firm and return to using her own DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/18/2009 Page 10 of 12