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441 It was moved by Councilmember Brandes, and seconded by Councilmember Butler, to amend Resolution No. 77-123 to raise the cardroom permit fee to $1,000 plus $500 per table and $100 for each dealer. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer NOES: None ABSENT: None REPORT8 OF THE CITY ATTORNEY Further Consideration of Hots Noise Complaint with Draft Ordinances re Noise and Use Permit Requirements for Bars Mr. MacDonald presented his report (SR 87:434) dated October 6, 1987 regarding this matter. Councilmember Brandes asked if the District Attorney was willing to enforce the noise ordinance. Mr. MacDonald indicated the ordinance was written to be enforced as an infraction, so staff has three chances to prosecute the infraction before it becomes a misdemeanor and goes to the District Attorney for enforcement. He has met with the Police Department numerous times in the drafting of the ordinance. Mr. Bill Laube, 855 Main Street, expressed his opinion that the proposed ordinance was overkill, it would require someone to police his parking lot and he objected to the limits on times of dumping trash. However, he felt if the ordinance were reasonably enforced, there would be no problem. It was moved by Councilmember Brandes, and seconded by Councilmember Butler, that Ordinance No. 1341, amending the city's noise ordinance to make commercial properties adjacent to residential properties subject to the residential noise standard of 60 dBA at the property plane between the hours of 10:00 p.m. and 6:00 a.m..; to require bars near residential zones to control noise, loitering, etc. after 10:00 p.m.; and to require businesses near residential zones to limit the dumping of trash outside buildings between the hours of 10:00 p.m. and 6:00 a.m., as set forth more fully in the draft ordinance attached to Staff Report 87:434, and to initiate and refer to the Planning Commission a draft ordinance clarifying that any premises which regularly serves alcohol after 10:00 p.m. is a "bar" and thus subject to a conditional use permit requirement. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, 'Wilson, and Mayor Mercer NOES: None ABSENT: None Resolution Approving the Final Form of and Authorizing Execution of a Facility Lease (Capital Projects I and II) and Ratifying the Amounts of the Base Rental Payments Payable Thereunder and Authorizing Certain Actins in Connection Therewith. - 2 1 - 10-6-87