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79 <br /> <br /> Responding to a question from Mr. Vandever, Ms. Sharleen <br />Martenas, President of the North Downtown Residents <br />Association, stated that 160 NDRA members were surveyed, 141 <br />favored closing Lee and Jackson Parks and of that number 60 <br />preferred closing the parks at 10:00 p.m. Ms. Martenas <br />presented a letter from the McGuffey Condominium Association <br />supporting the nighttime closing of the parks. Ms. Martenas <br />stated that supporting closing.the parks did not reflect a <br />prejudice against homeless persons. <br /> <br /> Responding to a question from Mr. Toscano about whether <br />a distinction had been made between Lee and Jackson Parks, <br />Ms. Martenas stated that some distinction had been made by <br />members, but it was generally felt that closing only Lee Park <br />would merely move the problem. <br /> <br /> Responding to questions~regarding enforcement from Ms. <br />Waters, Mr. Hendrix stated that the closing would need to be <br />posted at all entrances into the park, the police would <br />first ask persons in the park to leave and if they did not <br />leave or returned they would be subject to trespassing <br />charges. <br /> <br /> Ms. Waters suggested that Jackson Park be left open if <br />no problem exists there. <br /> <br /> Ms. Slaughter stated that she felt people living in <br />the Monticello Hotel condominiums and others working nearby <br />might be affected if Jackson Park remains open. <br /> <br /> Mr. David Benjamin, a resident of Queen Charlotte <br />Square, stated that he has occasionally seen problems in <br />Jackson Park. <br /> <br /> Responding to a question from Mr. Toscano, Mr. Hendrix <br />stated that the courthouse in Jackson Park is County property <br />and therefore could not be closed by the Council. Mr. <br />Hendrix noted that people could continue to congregate on <br />sidewalks. <br /> <br /> Mr. Toscano expressed concern about closing up public <br />space and recommended that Lee.park be closed but not Jackson <br />Park at this time. Mr. Toscano noted that the courthouse in <br />Jackson Park occasionally remains open late and people <br />leaving would be.walking through Jackson Park. <br /> <br />Mr. Vandever stated that he favored closing both parks. <br /> <br /> Ms. Waters stated that she felt the burden of proof <br />should be on the need to close the park and therefore favored <br />closing only Lee Park and Rev. Edwards concurred. <br /> <br /> On motion by Ms. Waters, seconded by Mr. Toscano, the <br />ordinance was amended to close only Lee Park at 11:00 p.m. <br />by the following vote. Ayes: Rev. Edwards, Mr. Toscano, Ms. <br />Waters. Noes: Ms. Slaughter and Mr. Vandever. <br /> <br /> The ordinance entitled "AN ORDINANCE AMENDING SECTION <br />18-1 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS <br />AMENDED, SETTING A CLOSING TIME FOR LEE PARK," as amended, <br />which was offered at the February 3rd meeting, was approved <br />by the following vote. Ayes: Rev. Edwards, Ms. Slaughter, <br />Mr. Toscano, Mr. Vandever, Ms. ~Waters. Noes: None. <br /> <br /> Ms. Slaughter requested that the open container law be <br />placed on the next agenda for Council's consideration. <br /> <br /> Ms. Waters requested that staff get a reaction from the <br />Police Department on the proposed open container ordinance. <br /> <br />ORDINANCE: GRANTING EASEMENT TO VIRGINIA POWER AT RIVERSIDE PARK <br /> <br />Ms. Slaughter questioned where proposed development is <br /> <br /> <br />