CC Minutes - 02/10/99 WS - Laserfiche WebLink

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Ms. Nathanson said that it appeared the ordinances were being applied on the basis of behavior, not appearance. Officer Fellman concurred. Ms. Nathanson moved, seconded by Mr. Farr, to direct staff to amend the ordinances to remove the sunset clause, modify Ordinance 20121 to add "wilful violation which applies only to repeat violations of mall rules, not the first violation of any given rule."; and to expand the geographic boundaries of Ordinance 20122. Mr. Farr noted his previously expressed concern that the impact of the exclusion ordinance would be to drive people to gather in other parts of the community, but that had not happened. He said that if he could be assured that the ordinances were not targeted at appearance but rather at behaviors, he could support them. Officer Fellman assured Mr. Farr that the ordinances were enforced on the basis of behavior. Responding to a request from Ms. Nathanson, Mr. Johnson indicated staff could schedule completion of the discussion on February 17, 1999. Ms. Nathanson moved, seconded by Mr. Farr, to table the motion to February 17, 1999. The motion passed unanimously. Mr. Farr left the meeting. Mr. Rayor wanted to know who wrote the mall rules. Mr. Johnson said that the City wrote the rules. Mr. Rayor noted his concern about including the mall rules in the ordinance. Mr. Kelly asked that the council be given three motions revising the ordinances at the February 17 meeting: one to deal with the sunset, one to add the mall rule violations, and one to deal with the expansion of the nighttime closure area. Mr. Kelly reported he had a conversation with a representative of the Americans Civil Liberties Union, who noted concerns about the proposed revisions, particularly the elimination of the sunset date. Ms. Taylor said she did not want to eliminate the sunset, but perhaps extend it. She wanted more information about the mall rules, which she suggested were probably insignificant. She did not believe that a well-dressed man wearing a tie would be treated in the same manner as a shaggy-haired youth. The meeting adjourned at 1:40 p.m. Respectfully submitted, Jim Johnson City Manager MINUTES--Eugene City Council February 10, 1999 Page 8 11:30 a.m.