06/14/1971 Meeting - Laserfiche WebLink

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".... (;07 e 6/14/71 ! i I I II Councilwoman Beal objected to this change, and felt that some commercial activities such as outdoor restaurants, would be llDS t desirable. , i I City Manager explained that the EDA had come to the conclusion this would not be desirable Ii I I but reiterated that the Council could amend the rules or grant a special permit, if they il I I wished. :1 Mrs. Beal did not feel tHat the fact that the present businesses did not want to take II advantage of such a privilege should prohibit others who wished to do so. il II " Charles Bonnett, 193 West 19th, explained that the businessmen had felt a preferable way I' for providing outdoor dining would be for the business to be setback, allowing the use on I I its private property. Downtown buiillillings with setbacks should be encouraged so that the I use would be on property paying taxes. I 11 I, felt provision for outdoor use would make the mall a vibrant :1 Steve Thomas, 907 West 4th, II place. He felt it was now sterile and plastic. il - Harry Ritchie,downtown merchant, explained that this law as now written would permit I ! conflicts in the mall area and until downtown area buildings and property are all in use, :1 I he did not think it wise to permit commercial uses in the center of the mall. !I I I' II I 'I Wes Morgan, 2101 Monroe, said this discussion centered around an amendment that hadn't I, I ,I I as yet been moved. He wanted to know what was going to be decided and asked for a specific 11 I 'I I amendment for the section. II ; Ii I 'I , Mr. Teague moved seconded by Mr. Mohr to adopt C-2 with the addition suggested by the !I I: EDA. " 11 II II Councilman Beal felt that, in spite of the fact that a variance cnilild be granted, the II I 'I substitute requested by EDA would create problems which would be difficult to overcome. !I i il i She could see no reason a provision could not be made for commercial temporary. II i I, II Williams suggested that an addition could be made to the existing C-2 clause " Mr. I. [I II Ii saying "such permits shall be granted by the City Council." This would make the mechanism II clear to those reading the regulations. !i II After questioning the City Manager, Mr. Teague amended his motiD~, with the second's il I: consent to incorporate Mr. Williams suggestion. II II Ii " ,I Vote taken on motion as amended. Motton carried. :1 " II :1 I: C-5 - EDA suggests addition of words "Such activities shall not interfere with existing II I! ,1 business" to this section. City Manager explained the meaning of the suggested amend- It Ii ii ment. II " iI II Terry Hammons felt the wording of this amendment was not legal or constitutional. It Ii II " ( I! infringed on the right of people to assemble. No standards had been set out for issuance il II of a permit. :1 't II il " Mrs. Beal had been concerned about immerpretation of this section. ! " 1 i 1 II i Mr. Hammons did not feel that business interests met the standards regarding regulations " ; concerning time and place and compelling city interest. Ii I 11 I! II Mr. Mohr felt it might be well to hold this section over until the City Attorney was :1 e I available for comment. Mr. Hammons agreed this was an excellent suggestion and said 11 , the ACLU planned to submit suggestions at a later date. II I ,i i . 'I Manager fclt perhpas the problem was with the wording. If it proved to be faulty, it could 'I I it be amended at a later date when the ACLU submitted its data and suggestions. 'I i II ii , , I II Mr. Mohr still felt it should be held over for an opinion from the new City Attorney. II II I :1 I Mr. Mohr moved seconded by Mrs. Beal to table Item C-5 and set August 1, 1971 for :, I i reconsideration. Messrs. Williams, McDonald and Hershner voted no. Mr. Mohr, MFsJ Beal I: I ~ Ii and Mr. Teague voted yes. Mayor broke the tie by voting no, and the motion failed. II " Mr. ~ershner said a. motio~ was not made to add the additional language, and he felt the Ii I' Ii sectlon should remaln as 1 t now appeared. Mrs. Beal agreed. il .' 41 " l: II Mayor Anderson asked if it was the pleasure of the Council to leave the section as it stood. i[ I! No further action was taken and the section remained as written. :i :1 I: " Mayor Anderson suggested that the Council adjourn to meet at a later date. It was quite il I " apparent the material in the entire proposal could not be covered at this meeting. " ii I: Ii Ii Ii the Council set a time for " il Mr. Mohr moved seconded by Mr. McDonald that at 12:15 a.m. I' II \1 adjournment. Motion carried. I ,\ II e il ~ : ii 6/14/71 - 6 " ~ :i