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<br /> pay a hotel and motel room tax. <br />. Mr. Wong stated that the City has received a letter from the Lane Council of <br /> Governments (L-COG) requesting that the Senior Nutrition Program be exempted <br /> from the tax. <br /> Mr. Boles moved to exempt the L-COG Senior Nutrition Program from <br /> the restaurant tax. The motion passed unanimously, 7:0. <br /> Mr. Klein explained two options for referring the tax to the voters. One <br /> consists of a charter amendment imposing a five-percent limit on any excise <br /> tax on restaurant sales, and a separate ordinance imposing a tax of three <br /> percent, defining a restaurant, etc. The ordinance could be adopted at the <br /> time the council refers the charter amendment, becoming effective only if the <br /> charter amendment passes. <br /> The second option is the charter amendment with two parts, the first imposing <br /> the five-percent limit and the second levying the three-percent tax for up to <br /> ten years, with the same definition of restaurants. The administration of the <br /> restaurant tax would be delegated to the City Manager through administrative <br /> rule-making; the council would retain the authority to oversee and change the <br /> rules. The council would put to a vote whether there should be a limitation <br /> of five percent and a restaurant tax of three percent. No subsequent ordi- <br /> nance would be referred. <br /> Mr. Boles moved, seconded by Mr. Green, to refer the charter <br />. amendment with two parts. <br /> Mr. MacDonald asked whether the two-part charter amendment would violate the <br /> two-subject rule, and Mr. Klein answered that it would not. <br /> Mr. Rutan favored the motion, saying that separation of the charter amendment <br /> and ordinance might be confusing to voters. <br /> Mr. Klein clarified that the amendment would add approximately a page and.,a <br /> half to the City's charter, including the definition of restaurant and the <br /> exemptions. <br /> Mr. Nicholson asked whether incorporating both the limitation and the tax in <br /> the charter amendment would make it more difficult to enact changes, such as <br /> modifications of the definition of restaurant. Mr. MacDonald said that the <br /> advantage of voters having the full question before them outweighs that <br /> drawback, and a serious problem could be referred to the voters later. <br /> The motion passed 5:2, with Councilors Bascom and Nicholson <br /> opposed. <br /> Mr. Boles moved, seconded by Mr. Green, that the council set the <br /> election date on the tax as March 23, 1993, and take final action <br /> on the resolution calling for the election on December 7, 1992. <br />. MINUTES--Eugene City Council November 23, 1992 Page 9 <br /> 5:30 p.m. <br />