05/29/1985 Meeting - Laserfiche WebLink

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Responding to a question from Mr. Miller, Ms. Smernoff said the City feels the ~ State regulations concerning carnivals are adequate. Mr. Holmer expressed concern about the wording of the proposed ordinance. He wanted to review it before the public hearing. Mr. Gleason responded that the council had no additional work sessions scheduled before the public hearing. Councilors discussed the process the council uses to review issues and a pro- posed ordinance before the public hearing and council action. Ms. Schue said a proposed ordinance should be available to the public before a public hearing. Mayor Obie postponed consideration of the Land Conservation and Development Compliance Reauirements (Pudding Creek Heronry), which was Item VII on the agenda, in order to continue consideration of the business license revisions. e Mr. Holmer was concerned about the City's liability in Section 3.015 (b) and (c) about the hold harmless agreement and the amount of insurance required by the rules. Mr. Sercombe responded that the City's liability would depend on the vendor's insurance and possible negligence of the City in administering a license. Ms. Smernoff said the kinds of insurance required will be specified in the ordinance. The amount of liability is determined by the City's risk management staff. Responding to a question from Mr. Hansen, Mr. Sercombe said the City's liabil- ity is limited to $300,000 per incident and $100,000 per person. The councilors cannot be held liable for discretionary or policy decisions. Answering questions from Mr. Miller and Ms. Bascom, Ms. Smernoff said the council had decided that food and flower vendors on public sidewalks should be covered by the proposed ordinance. Flowers vendors on private property will be regulated by an amendment to chapter 9 of the City code. Ms. Ehrman said the council had decided to require the same distance from similar businesses for flower vendors as for other vendors. Responding to a question from Mr. Miller, Mr. Holmer said he thought the right-of-way fee should be defined or what the city manager is expected to achieve should be limited in the ordinance. Ms. Wooten said people can appeal decisions of the city manager to the council. She did not think the council should set fees. Ms. Smernoff said right-of-way fees can be described in the ordinance as refuse fees are described in the ordinance. That solution addressed Mr. Holmer's concerns. Mayor Obie directed the staff to present two ways to figure right-of-way fees in the ordinance. Ms. Bascom asked the staff to include vendors of balloons on public sidewalks in the ordinance. ~ ----.~ --:--..,..-- MINUTES--Eugene City Council May 29, 1985 Page 6 .~ ~