CC Minutes - 04/23/01 Meeting - Laserfiche WebLink

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Councilor Meisner asked if staff had information about the number of show cause notices that had been issued under the prostitution ordinance and how many had been upheld for failure to appear. Lt. Roberts did not have that information. City Manager Johnson said the council would consider Council Bill 4764, an Ordinance concerning the Downtown Mall; Repealing the Sunset Provisions of Section 2 of Ordinance No. 20121 and Section 3 of Ordinance No. 20122; Repealing Section 2 of Ordinance No. 20149; Repealing Ordinance No. 20150; and Providing an Immediate Effective Date. Councilor Taylor, seconded by Councilor Kelly, moved that the bill, with the unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Councilor Kelly appreciated that the ordinance prepared by staff acknowledged the Broadway opening was being studied and it could have an impact on the issue. He believed "it went without saying" that if Broadway was opened the council would repeal the exclusion ordinance immediately. He was persuaded by a variety of stories related to him that there had been ways the ordinance clearly helped the downtown. However, he did not believe the ordinance was a panacea for all ills. Councilor Kelly recalled the receipt of a letter from a Broadway business owner in support of the ordinance when the sunset was last extended; that owner, who stated at that time she would have a business no other place and the ordinance made it possible for her to stay downtown, was no longer located on the mall. Regarding the possible extension of the exclusion boundaries, Councilor Kelly said that he was absolutely opposed to that as he envisioned the boundaries could be moved one block at a time until it encompassed the entire city. Councilor Kelly emphasized his concern about the impression of due process. He thought there a logical separation between the function of the police and the function of the judiciary; for that reason, he preferred the show cause hearing option associated with the prostitution exclusion zone rather than the appeal option now in the ordinance. He could only support such an ordinance. Councilor Kelly further expressed frustration that the item was coming to the council one week before the expiration of the sunset date, which meant the sunset would not be in place if the motion failed to receive six votes. Councilor Kelly referred the council to the substitute ordinance labeled Attachment A, which included a show cause process, and described the differences between the ordinance in the packet and the substitute. Councilor Kelly, seconded by Councilor Meisner, moved to adopt Attachment A, an ordinance concerning the downtown mall; repealing the sunset provisions of Section 2 of the Ordinance 20121 and Section 3 of Ordinance 20122; repealing Section 2 of Ordinance 21049; repealing Ordinance 20150; amending Section 4.874 of the Eugene Code, 1971; and providing an immediate effective date. Councilor Taylor did not favor exclusion ordinances in general and would not vote to repeal the sunset. She was not convinced the ordinance was morally right or that it had the proper respect MINUTES--Eugene City Council April 23, 2001 Page 8 Regular Meeting