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David Hastie (General Manager, Memphis Restaurant), Gil Marrero (real estate <br />broker), James Kendrick (adjacent business owner, The Rag), Joe Duffy (owner <br />of the building/landlord), Justin Rueter (Pangea Restaurant/Proof bar), Chris <br />Alfaro (Applicant) and Joey Mendes (Proof bar), spoke in support of The Crosby <br />Restaurant. <br />The public hearing was closed. <br />Commission discussion ensued regarding applicant's agreement with conditions; <br />the 12-month requirement to establish a track record; review of Conditions 21, <br />No. 22, No. 6 and Condition No. 28; consistency for eating establishments; <br />changing police review periods; and downtown revitalization. <br />MOTION: <br />1. Confirm the Zoning Administrators modification of Police Condition No. <br />22. <br />2. Delete Police Condition No. 3. <br />3. Approve Police Condition No. 6. <br />4. Allow for first six months or year operating hours until 1:00 a.m. to <br />establish track record, thereafter allow extension to 2:00 a.m. <br />Motion died due to lack of vote. <br />Mr. Kaufman stated that the allowable extension, once granted to the operator <br />establishes a property right for a restaurant operation. <br />Police Officer Pena reviewed the City policy that requires entities to establish one <br />year track records before a late night use is granted. The other existing <br />restaurants in the Artists Village all had the stipulation of operating until 12 <br />midnight in order to establish a track record. <br />FINAL MOTION: <br />1. Confirm the Zoning Administrators modification of Police Department <br />Condition No. 22. <br />2. Delete Police Department Condition No. 3. <br />3. Approve the mod <br />MOTION: Munoz <br />VOTE: AYES: <br />NOES: <br />ABSTAIN: <br />ABSENT: <br />ification of Police Department Condition No. 6. <br />SECOND: Alderete <br />Alderete, De La Torre, Gartner, Leo, Mill, Munoz (6) <br />None (0) <br />None (0) <br />Betancourt (1) <br />4. Approve Appeal No. 2007-04 of Police Department Condition No. 17 to <br />allow alcohol beverage sales from 10:00 a.m. until 2:00 a.m. <br />MOTION: Gartner <br />VOTE: AYES: <br />NOES: <br />ABSTAIN: <br />ABSENT: <br />3. Public Comment` <br />SECOND: Alderete <br />Alderete, De La Torre, Gartner, Munoz (4) <br />Leo, Mill (2) <br />None (0) <br />Betancourt (1) <br />(for items not on the agenda) <br />No comments were made. <br />Planning Commission Minutes 6 AUGUST 27, 2007 <br />