09/11/1972 Meeting - Laserfiche WebLink

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\ i . Assistant Manager said it would not seem consisten~ to install open, green areas for public use then prohibit the public from using :tl?E!m, and that the "orig~nal purpose of the mall was to improve the ~esthetic, va,iui?:of the ,downtown ,'i!iieci" giving it a traditional town square type setting~Mr~ Swanson said there is no legal -.. difficulty in prohibiting use of the grassy areas, but that the real question would appear to be whether to keep people off the grass or keep particular types of people off the grass. He said the reaction to people in business suits sitting on the grass chatting would probably be different than to those dressed in another manner. Police Chief thought there would be some relief from complaints regarding some of the borderline conduct should use of grassy areas be prohibited, but he too would be concerned whether it would be well to keep everyone from thoseareas in attempt-,,' ing to correct conduct. He said he personally would like to continue working to- ,ward correcting the conduct problem rather than prohibiting use of the areas al- together. Mr. Hershner moved seconded by Mr. McDonald that the Council give some considera- tion to extension of the regulations to prohibit persons from the grass areas in the mall, and that the staff draft such an addition to the regulations. Councilman Bradshaw suggested planting shrubs instead of grass in those areas, thereby removing the "attracti ve nuisance" and avoi ding a maintenance problem. Mr. Hershner did not favor this suggestion, saying a more direct method of keep- . ing people from use of those areas would be better. Assistant Manager asked for clarification of the intent. Was it to sol ve the behavioral problems or have a . mall without any green grass areas. Mr. Hershner repeated his view that he never thought of the mall as a park in the sense of walking, sitting or lying on the grass and his question as to whether prohibiting use of the grass areas would alleviate some of the problems. He said he feels the grass is to view the same as trees or shrubs, and people should stay off of it. Councilman Williams agreed referring to the purpose of the mall as shown in the ordinance being for cultural and commercial activities, but no reference to its being used for park purposes. He said none of the purposes listed seem to fit in with lying on the grass. Mr. Spolan called attention to the children's play areas which, he said would seem to be park uses and asked whether children would be prohibited from using those areas. Mrs. Beal said prohibiting people from use of the grassy areas does not get to the root of the problem, and that it seems the objections are to the dress and appearance of the people using those areas. She said that the regulations as I presented seem to be reasonable and she would like to see more emphasis on things that may be permitted rather than on what is prohibited. Mr. Teague said he', is not concerned with apparel, but with what a person is doing, regardless of how I dressed. Mr. Hershner said the basic thrust of his motion was to ]revent use of the grassy areas as a park, not in Objection to the kinds of people. He ob- jects to any person walking on the grass, saying in time there would be no grass . there with that type of use. Assistant Manager called attention to design of those areas which discourages their use as pedestrian ways, and Assistant Park Director noted there is no maintenance problem with the grass areas. Their main problem is with destruction of shrubs. I Mr. Hoffman said he is not opposed to the mode of dress, but people tend to congregate in those areas, throwing bottles, and conducting themselves in a manner so as to be destructive. He said it would seem if there were no grassy areas, there would be no parties. He compared the situation to swimndng pools fenced 'as attracti ve nuisances. ,Councilman Bradshaw was not sure prohibiting people from sittirgor lying on the grass would solve all the problems about which complaints are received, and said it would seem a problem of enforcing existing ordinances. Councilman McDonald commented on the fact that people do not feel safe in the mall area in the even- i_r:.~sc:.r:d that his store now c~oses ,a~ ,6 :00 p.m.. ___,_ . "--. - ,. Mr. Teague asked whether action on the motion could be postponed, saying he would like time to consider other things that enter into the question Assistant Manager said staff could try to put together alternatives in terms of language in the i . regulations for consideration at the next committee meeting. 'j Mr. Hershner had no objection, and the Chair ruled action on the motion postponed to the next j! ,committee meeting. Mrs. Beal suggested inauguration of a free speech platform in the mall. She re- ferred to the one in use on the University campus and said there has been no dis- j order in connection ,with-.it., Nr. McDonald was opposed to the idea, saying the ; place for it is not in the downtown area but in Skinners Butte Park. Mr. Williams .s..~!:9 !_t_wo..u1d not seem fair to request permits for some activities and let others , ---~_...-.-... ---~---- '--_._-_._~-~-_."-- -~.-..'---. -~._.- ~ 7 I 9/11/72 - 9