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Kurt Kummer, 4456 Clovewood Lane, indicated he has heard the noise from this establishment. He thanked Council for its efforts to keep water in the Arroyo del Valle. He indicated Muirwood Park has been closed since January for irrigation improvements and turf renovation. He believed many church picnics, soccer games, barbecues or other events have had to be canceled. People in his neighborhood are very upset. Staff indicated there had been problems with the seeding and the opening is now delayed until September. He realized not much can be done at this point, but he asked that in future perhaps this kind of project could be done in sections. He also said it was a good idea to have street improvement schedules on the website. Last night he came home and found notices in the street saying it was to be closed the next day. He did not think anyone in the neighborhood had any idea that was going to happen. Mark Cohen, 39510 Paseo Padre Parkway, Fremont, attorney for The Marque Club, urged Council not to rush to judgment on this matter. He was not prepared to argue his case, but he was concerned about what he has heard and the tone of the Council comments. He felt some of the complaints against the club may not be accurate and pointed out there are two sides to the story. He conceded there had been problems at the bar, which he felt were due to the music format. That has changed. He said there were no problems the last two weekends. He said he will appeal the Planning Commission decision and is trying to craft a document that will give a better understanding of the situation. There were issues raised at the Planning Commission at 11:30 p.m. and he felt everyone's tempers were a little short at that late hour. He felt his clients did not have an opportunity to present all the information they needed to. Mr. Cohen indicated he is gathering information and wanted to make certain his client is treated fairly. He will talk to the City Attorney and City Manager about scheduling the hearing convenient for all parties. Ms. Ayala did not believe there was any rush to judgment, she just wanted the hearing held as soon as possible. Ms. Michelotti indicated due process will be followed and all sides will be heard. Mr. Cohen indicated he is trying to solve problems rather than have the recent drastic remedy. His client only retained him recently and he is doing his best to resolve the matter. He will file an appeal tomorrow. He had concerns about scheduling a meeting at the end of August. Ms. McKeehan indicated staffbelieves it is best to let this process run its course to Thursday. Ms. Michelotti asked for clarification on what happens if the appeal is filed and what the community can expect. Mr. Roush indicated Council will hear the matter and have final decision on all matters. In the meantime, the business continues to operate. Pleasanton City Council Special Meeting Minutes 5 08/06/02