3:46 p.m. - Kevin Turnbow hates to see his customers at The Pier leave, turned off by the fact the patio has to be closed at 10 p.m. because of conditions placed on his liquor license by the city.

Tuesday night he asked the city commission to allow The Pier to keep its patio open until closing time 1 a.m., catering to those clientele who want to remain on the patio after they've had dinner to enjoy a few drinks and conversation.

"At 10 p.m. I'm forced to ask those people out on the patio to come indoors, but they usually end up leaving," Turnbow said. "We'd like to keep it (the patio) open later than 10, until the restaurant normally closes down, at about 1 a.m., only during the summer which means about 20 days depending on weather conditions."

Police Chief Deb Ness told commissioners that over the past two years, of the 63 contacts her department had with the Pier, only one was due to a noise issue and that was due to a boat in the marina and not the business. City attorney Charlie Whitman also said he had received no noise complaints about the business.

But commissioner Sandi Tabor was quick to point out that the lack of complaints could in fact be due to the patio being closed at 10 p.m.

"I've been down there as a patron," commissioner Connie Sprynczynatyk said. "And It strikes me if we could approve this provisionally and monitor it. When I was there it was a dinner atmosphere. It didn't seem a bar atmosphere."

Turnbow says The Pier's staff is trained in keeping the noise on the patio to a minimum. "I have a hard time telling people when they're eating with their family that they have to go inside. And the weather just isn't there to allow people to stay out there every night, there are just a few times when there is," he said.

But three people took the opportunity to testify on allowing the patio to remain open later, two opposing it and a third warning should the city relax the agreement now it could lead to more noise later.

Ann Vadnie explained how her master bedroom is directly across from The Pier and up until this point she had been supportive of the business. "I'm fine with them closing the patio at 10 p.m., because once it's cleared of patrons the noise is gone. The Pier is asking to allow several more hours of noise at night and all I'm asking is that you consider those of us who live in the neighborhood and close the patio at 10 p.m."

Shelly Killen said the later closing time also is a concern with her, particularly during the week nights since she has to get up early to go to work. Killen said in the past the noise was enough to keep her up and feels allowing the patio to remain open until 1 a.m. is not reasonable.

Killen said her condo association had held a meeting last week about the request and she was certain that if more of those members had heard about the issue in front of the city commission they would have been there in opposition.

Fred Jordan, who lives on the river side of Southport, said he doesn't hear the noise from The Pier at all since the residents on the marina side act as a buffer.

"But it's sort of trying to cook a frog without it jumping out of the pot," Jordan said of relaxing the patio closing time. "This year it will be 11 o'clock, next year or the year after they'll want 1 a.m. After that they'll want to move the live music out on the patio. Before long you'll have a situation where the people that live near the marina and have to work for a living won't be able to live there anymore. That's my concern.

Sprynczynatyk noted the business was there before the residences and there were going to be issues like this with any of the new riverfront communities being planned. She moved to allow The Pier's patio to remain open until 11 p.m. on Friday and Saturday nights. The motion passed unanimously.

Commissioner Dave Jensen asked whether The Pier would be cited if found in violation. Whitman said there would be no citations, but the liquor license is tied to the ordinance and violation could cost the establishment its license.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)