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DRAFT Commissioner Blank stated that he was in the Commission then and recalled that was the case. He added that there was significant discussion about the appropriateness of the dining area, control of access, and noise. Commissioner O'Connor stated that it was his understanding that there have been some complaints since the restaurant opened. He inquired if any complaints made, such as through telephone calls to staff, would have been turned over to Code Enforcement for handling. Mr. Dolan replied that Planning staff generally handles complaints received and refer them to Code Enforcement only when a formal case needs to be opened. He stated that during his first six to eight months as Director, a series of specific complaints were received about the First Wednesday celebration. He noted, however, that it has been very quiet over the last year, including during the summer, when more outside activity would be expected that would potentially be easier to hear and would more easily bother the neighborhood. Chair Pearce inquired where the smoking bench was located. Mr. Pavan pointed the location on the slide. Chair Pearce further inquired if it was the intent that patrons would exit doors and walk around the building on the west side to smoke. Mr. Pavan confirmed that was the case. Chair Pearce inquired if it was Ms. Decker who had contacted the Police Department to obtain complaint logs. Mr. Dolan replied that the Police Department had called him and said that someone from Planning had requested the materials but that he did not know who it was. Chair Pearce requested confirmation that when there were issues over a year ago, staff had met with the Police Department and discussed how complaints could be addressed. Mr. Dolan confirmed that was the case. He added that the applicant, Ms. Kennard, agreed to redouble her efforts in complying with the conditions of approval. He indicated that to his knowledge, it has been quiet and no issues have been raised to trigger the Police Department's involvement. Commissioner Blank inquired if Planning staff would not necessarily know if someone were to contact the Police Department. Mr. Dolan replied that there would not be a call unless there was an incident and that staff would not necessary know about it; however, based on the past history, it would be likely that staff would know or find out about it. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/18/2009 Page 2 of 12