09/26/1979 Meeting - Laserfiche WebLink

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Garfield and Highway 99. A large portion will be assessed to the adjacent . property owners. He added that the Active Bethel Citizens did adopt the project as a first priority to take truck traffic out of that neighborhood. Res. No. 3243--A resolution authorizing execution of contract no. 7136 with the State of Oregon, Department of Transportation, concerning an urban system construction project was read by number and title. Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote. Motion carried unanimously. IV. ORDINANCE FOR FIRST READING CB 2001--An ordinance concerning parades; amending Sections 5.500, 5.505, and 5.520 of the Eugene Code, 1979, and declaring an emergency. Manager explained that there are still refinements to be made to the ordinance and it has been requested that it be held over until October 3. Tim Sercombe, City Attorney staff, explained that the present ordinance is at least 20 years old. Supreme Court decisions since that time have stipulated that free speech cannot be prohibited except with regard to the time, place, and manner of restrictions. Also, whenever official discre- tion is involved, conditions have to be fairly narrowly prescribed. Mr. Sercombe said the draft outlines the definition of a parade, plus the . conditions on when permits can be granted. Another provision would allow the Police Chief to develop and issue administrative rules. Mr. Lieuallen wondered if the rules would come before the Council. Mr. Sercombe answered that they could but that the rules would give discretion to the Police Chief exclusively. Mr. Lieuallen said he would like to hear more on the role of the Police Chief in creating the rules. He felt it sounded like the Council may not have any say in the process once the rules are in effect. Mr. Sircombe said that the rules are designed to guide people who are applying for parade permits. Mr. Lieuallen hoped that Council could amend the ordinance with regard to the rules being used by the Police if they appear to cause problems. In response to Mr. Lieuallen's contention that this was in response to one particular incident, Assistant City Manager mentioned numerous problems of late with parade-type matters. He mentioned movie companies wishing to hold a parade in their film sequences, marathon runners using the streets, as well as the need to protect the rights of people who are picketing peacefully. It was understood that the ordinance would be held over until October 3. V. GROWTH MANAGEMENT STUDY-~FURTHER DISCUSSION Councilors received today a memo dated September 25, 1979, from Councilor Mil'-er in which she submitted her ideas and suggestions in written form, ~ since she is on vacation, in the hope that they will be considered and that appropriate motions will be made and passed. 9/26/79--4 53~