06/12/1985 Meeting - Laserfiche WebLink

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Ms. Wooten arrived. . Responding to questions from Mr. Miller and Mr. Rutan, Ms. Smernoff said none of the license fee alternatives is similar to the mall regulations. On the mall in the summer, vendors are charged $40 a month plus $10 for each item. Only four items can be sold from each cart. In the winter, the fee is $20 a month. The vendors in the University area now pay no fee. They only buy a license that costs $45 a year. The vendors had indicated to Ms. Smernoff that a monthly fee for the 13th and Kincaid area that would be double the mall fee would not be unreasonable. Answering questions from Mr. Hansen, Ms. Smernoff said the fees in each of the alternatives would be adjusted on an annual basis. Referring to Section 3.342, Mr. Hansen said subsection (1) should read: (Bracketed material should be deleted and underlined material should be added) (1) In determining whether to grant or deny a license, the City [may] shall consider: Responding to a question from Mr. Holmer, Ms. Smernoff said the cost of cleaning and maintaining the sidewalks is now borne by the adjacent property owner. If cleaning and maintaining the sidewalks is chosen as a basis for figuring the sidewalk vending fee, an adjustment to the property owner could be considered. Answering a question from Mr. Hansen, Mr. Sercombe of the City Attorney's e office said the adjacent property owner does not bear the responsibility for injury caused by trash, such as a banana peel, on the sidewalk unless the property owner has allowed the trash to accumulate unreasonably. The proposed ordinance would not add to the liability. Mr. Sercombe said a property owner must remove snow from the sidewalks. Mr. Miller suggested the sidewalk vendors at 13th and Kincaid be regulated and charged like the vendors on the downtown mall are regulated. Discussing a memo he sent to each of the other councilors, Mr. Holmer said the proposed ordinance does not preserve and enhance the aesthetic qualities of the district. He did not think the sale of gaudy plastic balloons will add to the City's image. He said the proposed ordinance will endanger the public health, safety, and convenience. The sidewalk vendors use public sidewalks for private purposes that obstruct the passage of the public. The proposed ordinance is not fair to local merchants who pay the usual taxes. He suggested the competitive system for figuring sidewalk vending fees be approved, the sale of balloons from sidewalks be prohibited, and wording to assure that the City is provided insurance protection to the maximum liability permitted under state law be added to Section 3.338 (b). Mr. Holmer suggested the question of additional protection for councilors be considered. He said the City's policy should prohibit the use of public property for commercial purposes and sidewalk vendors should be required to get the approval of the adjacent property owners. He will vote against the proposed ordinance. ~ MINUTES--Eugene City Council June 12, 1985 Page 5