05-11-2015 Council Packet - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 22, 2015 past. Strub stated that he would like the outdoor storage cleaned up and some control over the noise, The City Attorney noted that if there are violations to a Conditional Use Permit, the City Council has the ability to review these violations as part of a Public Hearing process. Keith Flannagan, Fleur Royale, questioned the ethics of Planning Commissioner Duray's making the motion to recommend approval of the CUP and voting in favor when Duray is also a liquor establishment owner in the City. The City Attorney indicated that a conflict might have been present in this situation if Commissioner Duray voted against the request. That situation could be construed as using his position to increase his own financial position. Flannagan asked why Council Member McGraw could not participate in this matter pointing out that residents of Fleur Royale helped to elect him to his position to represent them, The City Attorney indicated that he is recommending a conservative approach in this matter as the fact that McGraw is a resident of Fleur Royale could be interpreted by some as hisbeing too close to this situation. Flannagan reported that Gordies' has been in violation of their CUP in the past. They had approval for outdoor recreation for two nights per week and have been hosting these outdoor activities four nights per week. The request is to increase it to six nights per week. Flannagan also noted that the current CUP allows volley ball and boot hockey and for the last two years they have been hosting bocce ball and horseshoes. Flannagan commented that Gordies' is now before the Council asking to do legally what they have been doing illegally. Flannagan reported that he has called many times to voice his objection to Gordies' CUP violations. Flannagan also indicated that the current CUP says that outdoor activities are to stop at 10 p,m., and reported that he has called the bar at 10:05 p.m. and 10:10 p.m. asking what time it is. The outdoor lights are immediately turned off. Flannagan stated that the run-off from the parking lot is an eyesore. He also objected to the orange poly fence that is being proposed, noting that while Gordies' has indicated it would not be visible from the street, it will be visible from his front yard. Flannagan indicated that he has observed people bringing their coolers of beer into the outdoor recreation area. He also reported that one night someone started a bon fire in the parking lot. When he called to complain, it was quickly put out. Flannagan stated that he did not object to people trying to make a living, but he felt the business should be respectful of its neighbors. He noted that the Planning Commission recommended that Gordies' work with its neighbors, but noted that they did not say what that means. 6