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Commissioner Narum inquired how noise is monitored on Friday and Saturday nights to ensure they were within the noise levels allowed by the Municipal Code. Ms. Kennard replied that she does not have a decibel monitor. She indicated that she would sometimes step out and stand a distance from the building to see what she can hear. She added that her DJ’s have worked with them for awhile and control the noise level because they know it cannot be excessive. Commissioner O’Connor asked Ms. Kennard what time in the morning the dishwasher and she check the outside of the restaurant. Ms. Kennard replied that they check the outside at 10:00 a.m. She noted that her morning crew used to start at 9:00 a.m. but that she had to cut them back an hour because of the economy. She added that they also check the surroundings on nights that they have music. Commissioner Blank disclosed that he had a conversation with Mr. Finch who invited him to his property but did not meet with him and that no conversation took place regarding the issue. Commissioner Narum disclosed she also spoke with Mr. Finch but did not visit his place. Commissioner O’Connor disclosed that he spoke with Mr. Finch and visited his residence. Gene Finch, a neighbor, stated that he is a former Planning Commissioner and is familiar with the process. He noted that is supportive of businesses in the Downtown and that he was aware of what Redcoats wanted to be when it first opened. He added that he supported the restaurant when an application was made to serve breakfast. He indicated that he is supportive of the present application but with mitigations. Mr. Finch stated that he did not want to hurt anyone’s feelings; however, excessive noise has been going on for over a year and a half, starting when a temporary use permit was approved during the summer for bands in the service area. He indicated that the band vibrates his building and that he has had to keep his window shut at all times, noting that his only source of air is his six operable skylights. He expressed concern that restaurant patrons were smoking outside his window and that his planter boxes are always full of cigarette butts and ashes. He added that his wife checks their front yard between 5:30 a.m. and 6:30 a.m. and picks up bottles and glasses from the restaurant. He stated that he felt the bench was located too far down and suggested moving it back to an area of 6 feet by 20 feet and post signs that state it is a designated smoking area. He requested that a good neighbor policy be instituted and to not allow music to help mitigate noise. PLANNING COMMISSION MINUTES, November 18, 2009 Page 6 of 25