09-27-2023 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 27, 2023 restrictions on performance, the business would be open again and could remain open if those conditions are followed. He acknowledged that people are not thrilled with the nature of the business but there was a time when the businesses operated in harmony. He commented that he agrees with the other members of the Council that spoke to the fact that there has been a lack of control of that business and until the license was at risk, the owner of the business was not willing to offer cooperation. He stated that the key for this is whether the Council believes that the conditions that could be placed upon the stay would be sufficient to satisfy public safety. T. Miller reiterated that if any of the conditions were not to be met, the stay would be revoked. Mayor Fischer referenced the condition that Mr. Nelson would need to be onsite four hours per day of each day the business is open. He asked if there would be vacation days factored in, noting that some of those details would need to be further developed. The City Attorney commented that City staff did receive a number of emails on this issue and asked for confirmation that the Council received those emails. He asked whether those emails would be part of the record. The City Administrator replied that those emails were not a part of the packet but were provided to the Council prior to the meeting tonight at the workshop meeting. - Mayor Fischer referenced the petition that was referenced by the speaker at the public hearing and confirmed that members of the Council had seen the petition. The City Attorney asked and received confirmation that the decision of the City Council is not based solely on the petition and is basing its decision on the other issues that had been mentioned. He asked and received confirmation that the Council is taking into account the prior testimony that was provided at the prior public hearings. He asked the expectations of the security staff, should the stay be granted with that condition. Mayor Fischer commented that his expectation would be that the security personnel would ensure the clients are leaving the business at the close of the business, that people are leaving the parking lot, and that the parking lot is then clean of debris. The City Attorney asked if there is a concern of loitering during the daytime hours. T. Miller confirmed that was a concern. The City Attorney received clarification that the Council was not asking that Hookah Hideout clean the entire parking lot, but the area near that business. He asked how often that should be done. T. Miller commented that it should be done every four hours during business hours. Gutierrez noted that enforcement related to consumption of alcohol should also be addressed. T. Miller agreed that the security should also be ensuring that there is no alcohol coming onto the premises, as there has been testimony of customers bringing alcohol into the business and leaving