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1 <br />1 <br />1 <br />COUNCIL MEETING AUGUST 23, 1993 <br />petition and that a signed "hold harmless" clause be signed by <br />the party organizers. Many block party organizers have had <br />reservations signing the "hold harmless" clause and Mr. Hawkins <br />said that he would question if it is fair to require a resident <br />to be responsible for the entire party. He said he does not see <br />any difference between holding a block party on a City street and <br />holding a softball game in a City park. The City carries <br />insurance that would provide protection if someone is injured due <br />to the negligence of the City in keeping its property in proper <br />condition. Mr. Hawkins said he did not see any liability <br />exposure if proper barricades are supplied by the City and used <br />by the party organizers. He also noted that just because someone <br />is injured at a block party, that does not make the City liable. <br />The injured party must prove negligence on the part of the City. <br />Mr. Hawkins suggested that the City remove the "hold harmless" <br />clause from the application and rely on the Public Works <br />Department to make sure that the ROW is in good condition. The <br />approval of the application for a block party by the City Council <br />should limit the hours of the block party and should also limit <br />the noise. Mr. Hawkins noted that in his experience, block <br />parties are family events and usually do not involve the problems <br />associated with activities involving alcohol. <br />Mr. Hawkins recommended that the City Council require an <br />application for a block party continue on the present form and <br />that the "hold harmless" clause be eliminated. Mayor Reinert <br />asked that the policy be put in writing and be brought back to <br />the City Council for their review. <br />Council Member Kuether moved to continue the current block party <br />policy and application and discontinue the "hold harmless" <br />clause. Council Member Elliott seconded the motion. Motion <br />carried unanimously. <br />OLD BUSINESS <br />Consideration of Resolution No. 49 - 93 Accepting The Donation <br />from the Friends of the Parks and Amending the General Fund <br />Budget - Council Member Bergeson explained that the donation <br />helped purchase a memorial play train at Sunrise Park. Council <br />Member Kuether moved to adopt Resolution No. 49 - 93. Council <br />Member Elliott seconded the motion. Motion carried unanimously. <br />Resolution No. 49 - 93 can be found at the end of these minutes. <br />Resolution No. 54 - 93 Accepting the Donation from the Circle -Lex <br />VFW Post 6583 and Amending the 1993 General Fund Budget - Mr. <br />Schumacher explained that OSHA requires that all personnel <br />exposed to certain health risks be vaccinated for Hepatitis. The <br />PAGE 7 <br />