07-12-2023 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL DULY 129 2023 Mayor Fischer commented that he has heard and received complaints about people urinating and defecating behind the building. The City Clerk believed that possibly could be observed from the footage of the back of the building. Mr. DeRosa commented that the business has been closed since July 1st and was unsure how long the footage from the other businesses would go back. Mr. Nelson asked if his business would be responsible for everyone that walks through the parking lot. The City Attorney noted that the public comment period has closed. Kwapick stated that he is not looking at this from the point of one instance and would prefer to take action tonight. He stated that he has heard complaints from neighbors that observe behavior each day and night, comments about a management style that does not comply with the City Code and was unsure that delaying this would make a difference in the outcome. He stated that he has heard other comments and reports prior to tonight that do not support this being a responsible business and did not hear comments tonight committing to making this better. Gutierrez commented that in 2017, an alcohol establishment business had some issues, and conditions were placed upon that business license to make it comply and operate better. She noted that she would be in favor of placing conditions upon the license to make the business comply in a better manner. Mayor Fischer asked if restrictions could be placed on the operating hours of the business if the issue is deferred. The City Attorney replied that could not be done if the action is deferred, action would have to be tabled. He stated that the license could be renewed with conditions if desired. He explained that a license is not a property right, it is a privilege. He confirmed that the action could be delayed, and staff could bring back additional conditions to consider. Mayor Fischer asked if staff believes that there is video that could be made available that could address the public safety comments. The City Clerk commented that would depend on what is available from the businesses. She commented that she did not believe it would show anything different than the comments made tonight. Mayor Fischer commented that there is a part of him that would support delaying action to see if the videos show something one way or the other. The City Clerk noted that staff would need to contact the other businesses to determine if there is video that could be shared, but noted that it could be difficult if the hookah business has not operated much in the last couple of weeks. The City Attorney commented that if it would not be material, there would be no point in searching for footage. Fischer introduced the following resolution and moved its adoption: RESOL UTION NO. 2023-7-77 — DENYING A TOBA CCO STORE LICENSE FOR THE HOOKAH HIDEOUT FOR THE PERIOD JULY 13, 2023 TO JUNE 30, 2024 The foregoing resolution was duly seconded by Kwapick. Ayes (2). Nays (3) (T. Miller, D. Miller, and Gutierrez opposed). Resolution declared failed. 7