09-27-2023 Council Minutes - Laserfiche WebLink

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10T 1101" N CITY COUNCIL SEPTEMBER 27, 2023 The City Attorney noted that all these details would need to be outlined as part of a motion if the Council decided to grant the stay. Mayor Fischer .stated that the issue of whether or not to grant the stay would be whether the conditions could address the issue of public safety. T. Miller commented that if the conditions were met, she believed that those conditions could address the matter of public safety. She commented that they have discussed this over and over again and the owner has not acted in good faith over the years, therefore she is unsure if the conditions would be met. D. Miller commented that on paper the conditions look good but with the actions of the business owner he would hesitant to believe that they would be followed and then they would be right back in this situation in one month. Kwapick stated that he does not believe the conditions would address all the issues of public safety. Gutirrez stated that she had nothing further to add. Mayor Fischer referenced the emails that were received and asked if there is anything from the perspective of public safety that should be entered into the record. The City Clerk commented that the emails state that since the business has been closed the parking lot has been cleaner, people feel safer walking to their vehicles, the general feeling of safety has improved. She commented that complaints were received from residents that live behind the mall relating to the smoke smell from the business and the activities they observe, noting a lot of urination happening behind the business. The City Attorney noted that testimony was received on all of those issues. Mayor Fischer commented that the decision the City Council made was wholeheartedly the right thing to do and now the pushback relating to the stay relies solely on public safety and potential liability should the courts decide something different. He stated that the Council must consider those two aspects. The City Attorney commented that the City Council is hearing the legal obligation to consider a stay, as required by the rules of civil appellate procedure and has nothing to do with anything other than that. Kwapick asked for clarification on the options before the Council. The City Attorney stated that the Council could grant the stay without conditions, grant the stay without conditions, or deny the stay. He stated that in any case, the Council should explain why it is taking that action. T. Miller introduced the following resolution and moved its adoption: RESOL UTION NO. 2023-9-101 —APPRO VING THE STA Y WITH THE FOLIO WING CONDITIONS.- 1. HOURS SHALL BE LIMITED BETWEEN 8 A.M. AND 11 P.M. 2. SECURITY PERSONIOFF-DUTY LICENSED POLICE OFFICER OR