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<br />Case #7: <br /> <br />Consider Public Hearing Regarding Possible Suspension or Revocation of <br />Existing Conditional Use Permit for 7550 Highway 10 NW (Diamonds Sports <br />Bar and Grill) <br /> <br />City Administrator Ulrich stated that he had discussed this item with the City Attorney and he <br />stated that if the Council would like to consider revocation of this CUP, then a public hearing <br />would need to be held. He noted that if the Council feels the CUP should be amended, then this <br />should go to the Planning Commission for a public hearing. He stated that if the Council was to <br />consider revocation or suspension of the CUP, staff has recommended scheduling the public <br />hearing on March 25,2008 at 7:00 p.m. <br /> <br />Councilmember Elvig stated that this item was discussed at tonight's work session and he feels <br />that there was a violation and complaints received about the event. He stated that he thinks it is <br />prudent for the Council to listen to the complaints, but noted that he is not sure the violation is so <br />blatant that the Council will take aggressive action against Diamonds. <br /> <br />Councilmember Jeffrey asked if the public hearing would be to consider revocation of Diamonds <br />CUP. <br /> <br />City Attorney Goodrich confirmed that currently, City Code allows for amendment, suspension <br />or revocation of the CUP. He stated that as he noted earlier, if the Council would like Diamonds <br />to try to amend their CUP, that would be taken before the Planning Commission. He noted that <br />the current ordinance does not provide for a suspension option. <br /> <br />Councilmember Jeffrey stated that he feels it is unfair to advertise this public hearing as one to <br />consider possible revocation. <br /> <br />City Administrator Ulrich asked if this hearing could be advertised as a hearing to consider <br />potential consequences of the violation of the CUP for Diamonds, rather than a revocation. <br /> <br />City Attorney Goodrich stated that the Council has not yet determined that a violation has <br />occurred and noted that the Council can choose to revoke part or all of the CUP. <br /> <br />Councilmember Look stated that the discussion tonight should be on whether a public hearing is <br />to be held. He stated that Mr. Gruber, the owner of Diamonds, spoke at the work session and <br />admitted partial wrongdoing. 'He stated that Mr. Gruber admitted that he violated a portion of the <br />CUP because of safety reasons. He stated that he does not feel the City is going to revoke the <br />CUP for Diamonds and thinks the Council made it very clear to Mr. Gruber that they are not <br />happy with what happened. He stated that he does not feel that dragging this on and on is a <br />productive use of anyone's time. He stated that the City already has the information it needs, <br />including the police reports, so he does not think a public hearing is needed. <br /> <br />Councilmember Elvig stated that he agrees, in part, with Councilmember Look, but noted that <br />the Council cannot take action unless there is a public hearing. He stated that he would like to <br /> <br />City Council / March 11,2008 <br />Page 13 of 16 <br />