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7, REPQRT QN LIC~HT$ AT FAIRGROUND DRIVING RANGE (IR 95:65) Brian Swift presented the information report. Mayor Tarver asked if this was a fair activity or a commercial operation. Mr. Roush replied that this is considered a non-fair activity. Mayor Tarvet stated that if this is ignored, the Council is ignoring what it said it wouldn't permit the Fair to do. This is a matter that requires the Fair Board to come to the City and all Council has received is an information report that states no action is required. If anywhere else we found an auxiliary structure that did not meet Code, the owner would have to obtain a conditional use permit or building permit and go through our process. This report says what the Fair Board has done is okay and it is not okay. Any mitigation should be done through this Council for activity on the Fairgrounds just like everywhere else in the City. Ms. Acosta stated that because this commercial operation has been operating for several years, Council should have taken action when it started. Mr. Roush stated he referred to the lights in his previous statement, not the activities on the FairFounds. If this were a use elsewhere that suddenly put up the lights, there is a process that the City would normally employ to deal with it. In deference to the City's long-standing tradition of trying to accommodate the uses on the Fairground, the City wants to try and resolve the impact on the neighbors without forcing the issue of who has land use authority. Ms. Michelotti stated that in the liaison meeting where this was addressed, it was made very clear by the Fair Director and some of the Boardmembers that they were prepared to see that it got resolved in some manner and that the operator had to try to work this out and conform. Ms. Dennis commented that in principle, the use with all of its impacts shouldn't have been permitted without going through the City process. The thing that concerned her about the information report isn't what's in the report, however by accepting the report, is Council conceding the point about the Board's coming through the City's process? Mr. Roush did not think Council was conceding that point and stated that if the issue is resolved and the lights are mitigated in some respect, then the issue doesn't have to be addressed. If the issue doesn't get resolved, the Council can still exercise the land use authority here or in a future application. Ms. Dennis asked if a conditional use permit could be issued if it is not applied for. Mr. Roush said the operator would have to be notified to come in and apply for a conditional use permit. 11/28/95 -9-