07/26/1971 Meeting - Laserfiche WebLink

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~5/ e . , ZL26/..Zl 11 = I , I I 1 i rule only on this one.request..at.this meeting,..He.felt they were. in.. a position of I appeal to the City Council for waiver of specified rules. Mayor Anderson said the Council could act on ,another. motion for a variance. Action taken today would be unofficial. Question called and vote taken on motion. Messrs. Teague, Gribskov, Williams and Hershner voted yes. Mrs. Campbell ,v.oted no. Motion carried. In answer to Mr. Mohr's concerns, Manager said the administration may_,.waive the charge for additional police service if, in its judgment, the charge is unnecessary. Mr. Mohr moved seconded by Mrs. Campbell that the request be. granted for a variance to eliminate the charge for extra police force. Mr. Hershner asked for a report from staff regarding the precedence for charges e for expra police at certain functions, and whether exceptions are made at some times. Vote taken on motion. Mr. Mohr and Mrs. Campbell voted yes. Messrs. Gribskov, Hershner, Williams and Teague voted no. Motion failed. 1 ! Mrs. Campbell asked for a report on the practice of the city paying for extra service I. for dances held by the parks department. I I i: City Manager_explained that ,the items for discussion at this meeting are the same as those considered unofficiaily-at the committee meeting. The City Attorney's office was requested to research the question of legality of the police costs fee. Mr. Les Swanson of the City Attorney's staff said the resolution concerning mall ru~es sets .i forth several categories of different activities requrring a differing amount of deposit. The requirements for payment must be non-discriminatory and reasonable and standards for applying the fee must be reasonable and definite. There is nothing unconstitutional about this requirement for payment. Regarding police protection, there are no specific amounts stated in the resolution for different types of activities as there are in the clean-up section. The attorney's office feels that, although the requirement for ad~ance payment for police protection is within the power of the municipality, this section could definitely be improved by being made more specific and setting forth some standards and types of activities to give ~uidelines for judgment by officials of the City as to the amount of the charge. This section is perfectly legal and constitutional, aut it could be improved. The Attorney's office feels the mall regulations in general could be improved and more clearly defined with I more definite standards set forth. , Regarding the number of dances to be held, there is nothing to prohibit the municipality .1 governing that type activity. If it involved political expression, then there might be a i! necessity for some definite standards and time restrictions. I, !I II Mr. Williams moved seconded by Mr. McDonald that, as recommended at the commitree of the I Ii I' whole meeting, dances be permitted once every other week and that the City Attorney be :! directed to work with the City Manager and staff to prepare those amendments to the mall use resolution that deal with the charges for police protection and such other areas of improvement they deem appropriate and that those recommendations be submitted to the Council for approval. i Mrs. Beal was concerned that the Council should not take any action until the City Attorney's , , i office has a chance to submit proposed amendments. Mr. Williams explained that his motion was to modify the section of the resolution dealing with permission to hold dances. It e did not deal with changes on other aspects of the rules. Mr. Hershner asked that when the Attorney's office reviews the resolution, it also review the ordinance. .1 Mrs. Beal moved seconded by Mrs. Campbell to amend the motion to permit dances to be held i: every week., w~at_h~r permitting, in the mall. I' Councilman McDonald commented that it was his opinion the rules should be applied to everyone. Regarding the. number of dances, he could see no reason they could not be held every night. He felt this should be a staff decision, not a council decision. Charles Purkovitz, 435 East 31st, asked about the costs incurred in the last dance, and whether the fee was reasonable in relation to them. John Norem, 1992 Pot~er, said he was a member of the dance committee. He said the committee I had made a list of amendments with specific reference to certain portions and paragraphs. He felt this should have been brought to Council and suggested discussion be opened up on those points. City Manager said the committee had presented some specific section proposals. Staff has reviewed them and made section by section responses. Because of the time problem with getting regulations for dances straightened out, discussion has been limited to the items which . pertained to dance proposals. The entire regulations will be brought to the Council for e 7/26/71 - 4 ....