CC Minutes - 11/10/03 Mtg - Laserfiche WebLink

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Councilor Pap~ asked if it was possible to proceed with action on the ordinance at the present meeting. City Attorney Glenn Klein ascertained that, with unanimous consent of the council, councilors could proceed on the matter. Councilor Kelly suggested Mr. Klein determine the bill number. Mayor Torrey deferred the vote pending the determination of the council bill number. 5. PUBLIC HEARING: An Ordinance Concerning the Downtown Area, and Amending Sections 3.005, 3.344, 4.870, 4.871, 4.872, 4.990, 5.010, and 5.225 of the Eugene Code, 1971 City Manager Dennis Taylor requested Lieutenant Chuck Tilby of the Eugene Police Department (EPD) to speak to the ordinance, as Lt. Tilby spearheaded the task team that had worked on the ordinance. Lt. Tilby reported that, since the council work session, the task team had met with the Human Rights Commission (HRC) and several stakeholder groups. He noted that several sections had been changed, specifically related to sitting down, lying down, and sleeping. He said an addition to the exception to the closure of Broadway Plaza had been made to allow travel through the plaza during the hours of closure. Mayor Torrey called for questions and comments from the council. Councilor Kelly thanked staff for striking the %verly broad" prohibitions on lying down, sleeping, and sitting on the sidewalk. Mayor Torrey opened the public hearing. Russ Brink, 132 East Broadway Street, spoke in his capacity as Executive Director of Downtown Eugene, Incorporated (DE1). He noted that he was also present as a member of Eugene In Common (EIC) which was a consortium of DE1, Farmers' Market, Saturday Market, and Downtown Events Management representatives. He explained that EIC was contracted by the City to manage downtown public space and the ordinance before the council provided the legal authority that would allow EIC to deliver the service. Mr. Brink, responding to a question raised at a council work session regarding the specificity of the rules applying to the downtown area and why they were not implemented on a citywide basis, cited the preamble of the revised Downtown Plan, up for review in December, which called the downtown the ~heartbeat of activity in Lane County" and %ur civic center." He said it was clear the City was acknowledging the downtown area was a unique place, a place where commerce, residents, vendors, and employees mix together within a confined area. He felt it deserved a high level of management and maintenance. Mr. Brink remarked that most of the ordinance and accompanying administrative rules, in practice, would govern private commerce on public property. He asserted it was necessary to govern the activities that were prohibited or to require a permit for gatherings for reasons of public health and safety. He cited, as an example, the requirement that a permit be attained from the City for a gathering of 25 or more people. He said such gatherings posed insurance liability risks and increased litter and the permit process would prevent such gatherings from conflicting with one another. MINUTES--Eugene City Council November 10, 2003 Page 5 Regular Meeting