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<br />~ <br /> <br />CITY COUNCIL COMMITTEE ON <br />NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT <br />Meeting Minutes <br />April 22, 2003 <br /> <br />CALL TO ORDER <br /> <br />The meeting convened at 5:40 p.m. in Room 831 of City Hall. <br /> <br />ATTENDANCE <br /> <br />The following Council members were present: Lisa Bist and Alberta Christy <br /> <br />Staff present were: David Ream, City Manager; Ben Kaufman, Chief Assistant City Attorney; <br />Joseph Edwards, Planning Manager; and Teri Cable, PWA Administrative Services Manager. <br /> <br />AGENDA ITEMS <br />1. APPROVAL OF MINUTES - FEBRUARY 25,2003 MEETING <br /> <br />Approved by a vote of 2:0 <br /> <br />2. <br /> <br />VENDING MACHINE ORDINANCE <br /> <br />~ <br /> <br />Joseph Edwards provided an update on the status of the proposed vending machine <br />ordinance. On April 14, 2003, a work study session was held with the Planning <br />Commission to discuss the major components of the ordinance which would limit the <br />number of outdoor vending machines within commercial developments, regulate size, <br />location, height and provide specific design parameters. Members of the vending <br />machine industry were present during the discussion. <br /> <br />The Planning Commission requested an additional work study session be scheduled to <br />allow more time to review the proposal and discuss prior to the creation of a draft <br />ordinance. The commission also was interested in the financial impacts that the <br />ordinance may have on the business community and requested that staff research this <br />issue and present its findings at the work study session on April 28. <br /> <br />3. NEWSRACKS UPDATE <br /> <br />Ben Kaufman reviewed the legal issues involved in the creation of an ordinance to <br />regulate newsboxes in the public right-of-way (Attachment 1). Of primary concern is the <br />courts ruling that First Amendment protections apply to newsboxes and that any <br />ordinances adopted by the city to regulate newsboxes cannot in any way infringe on <br />constitutionally protected speech. However, reasonable controls may be applied such <br />as regulating the number, size, construction, placement and appearance if done to <br />protect a legitimate interest such as public safety or aesthetics. <br /> <br />~ <br /> <br />The City may require a permit for a news box for one year and may assess appropriate <br />application fees per newsbox. The City can regulate the placement of newsboxes, the <br />