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

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Councilor Bettman recommended that Section 4.870 include reference to residential areas and should include language regarding livability as well as commerce. Additionally, she concurred that the use of the terms ~reasonable persons" and %ensibilities" in the ordinance was not clear and objective. She recom- mended that legal counsel review the language. Councilor Bettman indicated that, aside from those two issues, she supported the ordinance. Councilor Pap~ shared the sentiments that the downtown area needed to go beyond safety and become a lively and vibrant place. He felt the concerns raised by Ms. Nelson needed to be reviewed to ascertain the ordinance's compliance with the Constitution. He noted that Eugene was not the only community in the country that was trying to control activities in an area. Mr. Klein responded that the language in question had been in the code for a number of years. He said he was unaware of whether the City Attorney's office had looked into the constitutionality of the language, but would check on it and provide a legal opinion on the matter. Councilor Poling called the work on the ordinance another example of ~a diverse group of people getting together and working as a team to resolve issues." He commended the work submitted by the people. He agreed with Councilor Meisner that the area should be extended to parts of the core of downtown located by the Fifth Street Public Market. He conveyed his general support for the ordinance, noting that while it was no longer a mall, the downtown area needed certain ordinances to be put into place to keep the area vital, vibrant, and an area where the community could come together for pedestrian-oriented activities. Councilor Poling disagreed with people who had asserted that rules and regulations should apply equally to all areas of the city. He asserted that the downtown area was a different area than all others and needed to be treated as such. Councilor Poling suggested reviewing the County ordinance regarding noise that placed limits on decibel levels as a reference point for possible language in the downtown ordinance. Councilor Kelly recognized the 25-person limit had been in the language but asserted it was being applied to a much larger area in this case. Councilor Kelly asked staff to review the language regarding fundraising to ascertain that it did not impede the constitutional right to panhandle. Continuing, Councilor Kelly expressed concern that Section 4.872 (1)(d) was too broad and could be interpreted as prohibiting the placement of a sign outside a restaurant advertising a lunch special, etc. He wondered if the issue was one of scale and suggested the language be fine-tuned. Regarding newspaper dispensers, Councilor Kelly encouraged staff to consult the local publications to attain their feedback. Councilor Nathanson asked if the restrictions on newspaper dispensers were to minimize clutter. She asked if utility sources would be included. MINUTES--Eugene City Council November 10, 2003 Page 8 Regular Meeting