City Council Meetings

CITY OF GREEN RIVER CITY COUNCIL WORKSHOP PROCEEDINGS November 13, 2012 The Governing Body of the City of Green River met in workshop session at 6:30 pm in the City Hall Council Chambers. Mayor Castillon called the meeting to order. The following Council Members were present: Gene Smith, Tom McCullough, Adam Copplo, Gary Killpack and Lisa Maes. The following were present representing the City: City Administrator Marty Black, Director of Finance Jeff Nieters, Director of Community Development Laura Leigh, Chief of Police Chris Steffen, Parks and Recreation Director Allan Wilson, and Public Information Coordinator Stephen Pyles. Presentations Green River Ordinance Review Kathy Karpan, Attorney at Law with Karpan & White, discussed the changes and modifications they are requesting be made to the “Green River Ordinance”. She is here representing any company that wishes to market its product through door to door solicitation. They are not asking the city to amend the Ordinance, Section 20.1 because it is good law. The United States Supreme Court recognizes the rights of an individual that occupies a residence to post a sign that says no solicitations and when that sign is posted no one can solicit for any reason. They are asking council to change Section 20.2: The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or occupant of the private residence, for the purpose of soliciting orders for the sale of goods, wares, and merchandise, or for the purpose of disposing of or peddling or hawking the same, is hereby declared to be a nuisance, and punishable as a misdemeanor. This second ordinance is an overly broad restriction, and as such, is an infringement on the first amendment rights of companies who market their product through door to door solicitations. They are not telling council to repeal the ordinance; but court opinions tell you that you can tailor the regulations in a reasonable manner, to serve a substantial governmental interest. There was a lengthily discussion on recent cases that have affected other communities. Mr. Black said he has been working with Mr. West and Ms. Leigh on the proposed changes for the ordinance. Ms. Leigh said they are considering ten key elements that need to be incorporated into the ordinance revision:  The ordinance must provide a clear and thorough explanation of the intent and purpose of the ordinance.  The ordinance must provide clear and concise definitions, including definitions for “door to door commercial solicitation” and “door to door non-commercial solicitation”  Prohibit door-to-door commercial solicitation unless a door to door solicitation permit is issued by the City of Green River  Prohibit all forms of residential solicitation when the property owner displays a “no solici tors” or “no solicitation” signs.  Exempt non commercial solicitations (as defined) from the door to door solicitation permit requirements. This would include, for example, those that are protected by free speech, non-profit groups, public entities (including schools), etc.  Establish permit requirements, application content requirements and fees. Typically the permit application requires the following: o Identification information (name, business name, address, responsible party, etc.) o Proof that the business is in good standing with the Wyoming Secretary of State o Proof of Wyoming Sales tax registration o Proof of the appropriate Green River Business License o Explanation of the nature and duration of the solicitation activity o Explanation of the nature and duration of the solicitation activity City Council Workshop Proceedings November 13, 2012 Page 1 of 3  o A list of all persons to be authorized to solicit under the permit. Identification information will be required for each person authorized under the permit. Each person will be required to have on them a copy of the issued permit o Fees- staff recommends a fee based on the amount of time staff will need to process and administer the application and will be based on the number of persons authorized to solicit under the permit  The ordinance should establish the following restrictions: o No further solicitation to be allowed on the premises after having been asked to leave o No residential solicitation earlier that 9 am or later than 8 pm o No more than two individuals soliciting at a time for the same purpose on any residential premises o The solicitor is required to verbally identify themselves and the purpose of the solicitation upon initial contact o Prohibit the solicitor from misrepresenting the purpose of the solicitation  The ordinance must provide a listing of reasons that may cause a permit to be revoked or not renewed  The term of the permit should coincide with the term of the appropriate City of Green River business licenses  The ordinance must state that a violation of the ordinance is a misdemeanor and may be punishable with a fine of not more than $750. Website Modifications Stephen Pyles presented some proposed modifications to the city website to make it more user friendly for residents, businesses, and visitors. The Union Pacific Railroad Depot Feasibility Study Lisa Muller gave an update on the status of the grant for the depot. She will move forward with the process and present the grant application to council at their next meeting. Mr. Black said he has been working with staff on a five year program that will allow the city to complete the Depot and the Police Department building. They will present it to the council at a later date. City Administrator’s Report Mr. Black had nothing to report. Mayor and Council Reports Council Members Killpack, Maes, Coppolo, McCullough, and Smith had nothing to report. The Mayor thanked everyone for passing two of the 6th Penny Propositions. He said they will look into ways to get the Police Department Building completed. He thanked Chief Steffen for his hard work. Adjournment The meeting adjourned at 9:03 pm. ______________________________ H. Castillon, Mayor ATTEST: City Council Workshop Proceedings November 13, 2012 Page 2 of 3 _____________________________ Jeffrey V. Nieters, City Clerk City Council Workshop Proceedings November 13, 2012 Page 3 of 3