Minutes - Council - 12/11/2007 - Laserfiche WebLink

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Councilmember Dehen stated that he has gotten a lot of input on this item from residents also. He stated that he does not begrudge Mr. Gruber's desire to expand his business and realizes that he has been a contributor to the community on various levels. He stated that with regard to the potential environmental impacts relating to the eagle's nests, he feels that the boat traffic and partying that happens on the island will affect them more than this project. He stated that some of the Councilmembers have used the word experts to refer to the information given by Bolten Menk regarding the noise levels. He stated that he doesn't think there has been much expert opinion on the noise and noted that there was a study submitted on Annandale noise levels but he doesn't know who paid for the study and in his 20 years of legal experience, that can tell a lot. He stated that he understands that City staff also conducted a noise study, but he doesn't feel the conditions were ideal, so he does not put much credence on those findings either. He stated that, in his opinion, there is no question that revving motorcycle engines and jumping will impact the noise heard in the neighborhood and although a berm will help, it will not eliminate the noise. He stated that he does not necessarily think that an interim permit is a good option because he feels everyone will just be back next year talking about the same things. He stated that he represents Ward 3 and believes that government is by the people, for the people, and from his ward, he heard, overwhelmingly, that people do not support this project, so he will vote to deny this request. Associate Planner DaInes noted that the Findings of Fact used by the Planning Commission were included in the packet, but noted that they have been revised to show the most recent information. City Attorney Goodrich distributed copies ofthe revised Findings of Fact to the City Council. Associate Planner DaInes reviewed the revised Findings of Fact which added supporting evidence to the original Findings of Fact that the Planning Commission had adopted. City Attorney Goodrich clarified that if the City Council voted to deny the request it needs to be passed on the 25 Findings of Fact and not any other factors, such as neighborhood opposition. Motion by Mayor Gamec, seconded by Councilmember Olson, to adopt Resolution #07-12-336 adopting Findings of Fact #0818 relating to the request for an amended Conditional Use Permit for Diamonds Sports Bar. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Olson, Dehen, and Strommen. Voting No: Councilmembers Jeffrey and Look. Absent: Councilmember Elvig. Motion by Mayor Gamec, seconded by Councilmember Strommen, to adopt Resolution #07-12- 337 to deny the request for an amended Conditional Use Permit for Diamonds Sports Bar, based on Findings of Fact. Further Discussion: Councilmember Jeffrey stated that he assumed that if this application is denied that Mr. Gruber has the right to come in and apply for permits event by event. City Attorney Goodrich stated that this does not take away any rights Mr. Gruber has under City Code. City Council! December 11, 2007 Page 10 of25