Minutes - Council - 03/11/2008 - Laserfiche WebLink

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have a public hearing and then the Council can make a wise decision about any potential consequences. City Attorney Goodrich stated that according to City Code, the consequences are very limited in scope and the only things the Council can do are revoke, suspend or nothing at all. He stated that there isn't the ability to fine Diamonds, for example. He stated that he also was informed that there had been discussion at the work session about the possibility of amending the CUP. He stated that this process was set up for the applicant to come to the City and ask for an amendment. He stated that after a public hearing, the Council could decide to revoke one or two of the conditions in the permit. City Administrator Ulrich stated that another option would be for the Council to pass a non- binding resolution or send a letter of warning to the CUP holder, without holding a' public hearing, that would indicate that any further actions or violations would result in public hearing action. He noted that because there are two Councilmembers absent at tonight's meeting, there will need to be four affirmative votes for an agenda item to pass. Motion by Councilm~mber Look, seconded by Councilmember Jeffrey, to send a letter of warning to Diamonds Bar and Grill, indicating that any further actions or violations will result in a revocation hearing. Further Discussion: Councilmember Jeffrey stated that he does not feel a public hearing is necessary, but would like this letter to be a formal reprimand letter. Councilmember Elvig stated that Mr. Gruber indicated that he felt holding this type of event was acceptable under his current CUP. He stated that he would like the letter to clear up the issue of what events can be held and are acceptable under his current CUP. Interim Community Development Director Frolik stated that snowboarding is not listed as a permitted use in their CUP. She stated that the CUP is pretty specific about what type of activities would be allowed. Councilmember Elvig asked if Councilmember Look would accept. an amendment to his motion to include language that snowboarding events, tents with LP gas and the like are not allowed. He stated that he would like to see some details in the letter so it is clear to everyone what is allowed. Councilmember Look asked if Diamonds could have tents erected if they have a permit. Interim Community Development Director Frolik confirmed that they can erect tents with the proper permit. Councilmember Look stated that he would accept a frien.dly amendment to include language that any sport events outside of the current CUP guidelines would need an additional permit. City Attorney Goodrich suggested that the letter compare the events of March 1, 2008 with the language in the CUP, to show exactly where Mr. Gruber was wrong in his violations. He stated that there were also some fire safety hazards that were discovered. He stated that he thinks all of this should be listed clearly, point by point, in the letter. Mayor Gamec stated that he would like to have Diamonds sign and date the letter when they receive it, so it is clearly understood. Councilmember Olson stated that if a public hearing has to hold the moniker of suspension or revocation, then she is not in favor of it. She stated that she feels a letter is a good alternative. Councilmembers Look and Jeffrey accepted a friendly amendment to the original motion, to include language in the letter that any sporting events outside of the current CUP guidelines would need an additional permit and list, point by point, where the current violations occurred. City Council / March 11, 2008 Page 14 of 16