HomeMy WebLinkAboutAppeal of Conditions of Public Assembly and Street Closure Request
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Services
Greg Sullivan, City Attorney
Chris Kukulski, City Manager
SUBJECT: Appeal of Conditions of Public Assembly and Street Closure Request for
the Green Coalition of Gay Loggers for Jesus Walk on July 4, 2009
MEETING DATE: June 22, 2009
RECOMMENDATION: That the Commission consider the appeal by Mr. Brian Leland, take
public comment, and make a decision whether to affirm the Public Works Director’s conditions
of approval or amend delete specific conditions.
BACKGROUND:
This action is quasi-judicial.
Brian Leland, on behalf of the Green Coalition of Gay Loggers for Jesus, appeals the June 17,
2009 conditions of approval of a Public Assembly and Street Closure Permit issued by Public
Works Director Debbie Arkell for an assembly on walk to occur on July 4, 2009. The basis for
Mr. Leland’s appeal is that the conditions of approval will “negatively impact [the] event.” It is
not clear which conditions the Coalition specifically appeals or how those conditions will impact
the approved event.
The sequence of events regarding this appeal are as follows:
· A complete application for Parade or Public Assembly Permit that included a request to
close Main Street for a walk on July 4, 2009 was made by The Coalition on June 9, 2009.
That application is attached as Exhibit A.
· On June 16, 2009, the Coalition paid the required $100.00 application fee and the Public
Works Director began the application process.
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· On the morning of June 17, 2009, Mr. Leland delivered a letter to Mr. Kukulski stating,
among other things, he did not wish the Coalition’s event to be combined with another.
This letter is attached as Exhibit B.
· On June 17, 2009, Public Works Director Arkell approved the permit subject to
conditions. This letter is attached as Exhibit C.
· On June 18, 2009, Director Arkell informed Mr. Leland the letter could be picked up at
City Hall. Mr. Leland arrived at City Hall and drafted his appeal. See Exhibit D.
Chapter. 12.32 of the Bozeman Municipal Code authorizes appeals for public assembly and
street closure permits:
12.32.120 Appeal Procedure
A. Any applicant shall have the right to appeal the denial of a parade or
public assembly permit to the City Commission. The denied applicant
shall make the appeal within five days after receipt of the denial by
filing a written notice with the City Manager and a copy of the notice
with the Clerk of the Commission. The City Commission shall
consider the appeal at the next regularly scheduled meeting following
the notice of appeal provided that the receipt of the notice is received
prior to the deadline for submission of new agenda items.
B. In the event that the City Commission rejects an applicant’s appeal the
applicant may file an immediate request for review with a court of
competent jurisdiction but in no event may the request for review be
filed later than thirty days after the Commission s rejection. Ord. 1458
1 part 1998.
While Mr. Leland’s appeal is not from a denial of a permit, based on fundamental notions of
fairness and due process, the appeal of the conditions of approval must be heard by the
Commission. In addition, City staff provided Mr. Leland’s notice of appeal to the Clerk of the
Commission.
The Coalition’s permit allows them to assemble at the old City Hall building at the corner of
Rouse and Main at 9:00 a.m.. Beginning at 9:30 a.m., Main Street will be closed and their walk
may commence at that time. The walk will end at the County Courthouse. At 10:30 a.m.
participants must leave the Courthouse area as another previously approved assembly will begin
walking from the Library to the Courthouse. As you know, an application for a rally had
previously been approved to close Main Street from Wallace Avenue to the Courthouse for
another group. If the conditions are adhered to, City staff determined the potential for conflict
between the two groups will be minimal. Thus, the application was approved subject to nine
conditions. These conditions are listed in the approval letter (Exhibit C).
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FISCAL EFFECTS: The required $100 application fee was submitted. Because an activity
was previously approved for this day, the subject event will only require one additional hour of
overtime for street division personnel, at a cost of approximately $200.
Attachments: Exhibit A: Public Assembly and Street Closure Application
Exhibit B: June 17, 2009 letter from Brian Leland to City Manager Kukulski
Exhibit C: Approval letter from Public Works Director
Exhibit D: Appeal letter from Brian Leland, dated June 18, 2009.
C: Brian Leland
Report compiled on June 18, 2009
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