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Session 1792 <br />September 11, 2000 <br /> <br />Mr. Wagner does not believe Mr. Sharpe's motion is legitimate. <br /> <br />Mr. Lieberman agrees with Mr. Sharpe's motion, but does not believe we need the six <br />month review. <br /> <br />Ms. Colquitt agrees with Mr. Lieberman. <br /> <br />Mr. Munkel also agrees with Mr. Lieberman. <br /> <br />Mayor Adams stated that once a conditional use is approved that is it. There is no such <br />thing as a conditional conditional use permit. Therefore, Mr. Sharpe's motion would have <br />no standing in court. Mr. Sharpe's motion died for a second, in any case. <br /> <br />Mr. Wagner asked the City Manager, if this conditional use is approved, what is our <br />recourse if one of conditions are not obeyed. Mr. Ollendorff replied that a ticket would be <br />issued for violating the zoning code. These conditions become enforceable just as any <br />other clause in the zoning code. It would be easy to get violations issued, but much more <br />difficult to get the permit revoked. <br /> <br />Mayor Adams wanted the applicants to hear this debate, at length, so they would <br />understand the City Council's sensitivity to the neighborhoods, especially ones next to <br />businesses that operate 24 hours. He is hoping that the White Castle staff will be the first <br />one's to call the Police if they see anyone creating trouble. <br /> <br />Mr. Ollendortf stated that the reason that they put conditions in that add security or that <br />speaker noise not go beyond the limits of the property, is so that the business owner will be <br />issued a ticket instead of the violator, This property owner should be responsible for any <br />noise on their property. Mr. Sharpe asked that this be added more clearly in the <br />conditional use permit. <br /> <br />Mr. Lieberman moved an amendment that the operation be allowed to operate for 24 hours <br />and that number 14 should be amended to say that the operator should provide security for <br />late night hours. Mr. Schoomer seconded the motion. The motion carried unanimously. <br /> <br />Mayor Adams called the main question. <br /> <br />The motion to approve carried unanimously. <br /> <br />7 <br /> <br /> <br />