Agenda - Planning Commission - 05/06/2004

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they have leeway to allow a tent on the parking lot; the City can be more restrictive, but not less restrictive. Councilmember Strommen inquired ifa temporary license could be issued. City Attorney Goodrich responded in the negative. Councilmember Elvig inquired about the opportunity for a variance. City Attorney Goodrich replied a variance would not be possible. He explained an area could be used that is not in the regular parking area, and that is not striped. Gary Gruber, Owner of Diamonds, stated when they have done their events like the Fourth of July and outdoor concerts, they put up a fence and make sure no cars can park 'there. They were told this is legal. Mayor Gamec indicated this should be left to the Police Department to enforce. The consensus of the Council was to include the 2:00 a.m. closing times as drafted in the ordinance. Police Chief Way questioned if the Council is in agreement with the $300 fee for bars closing at 2:00 a.m. This fee would be included in the fee schedule. The consensus of the Council was to include the $300 fee. Councilmember Zimmerman inquired if this ordinance will be reviewed again in one year. The consensus of the Council was to review the ordinance in one year. Motion by Councilmember Elvig, seconded by Councilm~mber Zimmerman, to adopt Ordinance //04-07 regulating the possession, sale and consumption of intoxicating and 3.2 percent malt liquor, with the ordinance to be reviewed in one year. A roll call vote was performed by the Recording Secretary: Councilmember Cook absent Councilmember Elvig aye Councilmember Kurak aye Councilmember Pearson aye Councilmember Strommen aye Councilmember Zimmerman aye Mayor Gamec aye Motion carried. City Council/April 13, 2004 Page 13' of 33 P83