HomeMy WebLinkAbout04/22/1985 Meeting (2)
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M I NUT E S
Eugene City Council
City Council Chamber
April 22, 1985
7:30 p.m.
COUNCILORS PRESENT: Cynthia Wooten, Richard Hansen, Emily Schue, Freeman
Holmer, Ruth Bascom, Debra Ehrman, Roger Rutan.
COUNCILOR ABSENT: Jeff Miller.
The adjourned meeting of the Eugene City Council of April 17, 1985, was called
to order by His Honor Mayor Brian B. Obie.
Mayor Obie welcomed those present, especially students from the University of
Oregon journalism classes.
I. BUSINESS LICENSE CODE REVISIONS (memo, ordinance, administrative rules
distributed)
City Manager Micheal Gleason introduced the agenda item. Susan Smernoff,
Eugene Development Department, presented the staff report. She said the
business license code revisions are part of the effort to review and stream-
line City regulations that affect businesses._ The review is an item in the
Six-Point Economic Diversification Program adopted by the council. The land
use regulations and procedures have been reviewed and the time period it takes
to process land use applications has been reduced by 30 percent. Building
permits are currently under review.
Ms. Smernoff said the council approved guidelines for the staff to use in
reviewing the business license code. She reviewed the objectives of the
guidelines and indicated how the proposed revisions responded to them. The
revisions eliminated eight licenses because the businesses are regulated by
other processes. The revisions recommend a maximum time period of 30 days for
processing applications. In some cases, the processing will not take that
long. The staff recommends that applications for business licenses be
reviewed by the staff, which will use the policy direction in Chapter 3 of the
code and the administrative rules in making approval and denial decisions.
Ms. Smernoff reviewed the revised organization of Chapter 3. Many of the
changes were for clarity. She said the council would consider license
revisions for ambulances, fire safety permits, refuse and recyling collection,
and sidewalk vending. In reviewing each of the licenses, she said minor
revisions to the ambulance regulations were recommended. Certain businesses,
such as those that store flammable liquids, must obtain fire safety permits.
The revisions to refuse and recycling regulations are similar to the regula-
tions for garbage hauling, although the rates and license period have been
changed.
MINUTES--Eugene City Council
April 22, 1985
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Discussing the sidewalk vending part of the ordinance, Ms. Smernoff noted that
administrative rules had been used since December of 1983 to regulate street
vending on public sidewalks. In December, several people in the 13th and
Kincaid area indicated concerns about the administrative rules. In response,
the staff conducted a survey, held a citizenls forum, and proposed the
revisions before the council. Ms. Smernoff said the policy statements that
the council is considering will guide the staff and City Manager in implemen-
tation. The proposed rules are temporary and will be made permanent in 180
days.
Ms. Smernoff said the reV1Slons indicate that food and beverage vendors should
be 150 linear feet from a restaurant and flower vendors should be 150 feet
from a flower shop. To reduce congestion, the revisions indicate there will
be only one vendor on each quarter of a block. She said two or three vendors
will be able to locate on the east and west side of Kincaid Street north of
13th Avenue.
Replying to Mr. Holmer, Ms. Smernoff said the revisions will not control
flower sales to people in vehicles in the street. Answering Ms. Ehrman,
Ms. Smernoff said the intent of the ordinance is to regulate street vendors of
food, beverage, and flowers only. Responding to Ms. Bascom, Ms. Smernoff said
a "grandfather clause" had been considered and not recommended because the
congestion at 13th and Kincaid needed to be addressed. The revisions apply to
all the City except the downtown mall. She noted that the revisions include a
prohibition of vendors within 100 feet of a freeway ramp anywhere in the
city. Ms. Bascom commented that special rules might be developed for the 13th
and Kincaid area.
Replying to Ms. Wooten, Ms. Smernoff said there are usually four or five
street vendors at 13th Avenue and Kincaid Street. The revisions indicate one
vendor can be located on the west side of Kincaid in the half block immedi-
ately north of 13th. One vendor could be located in each of the quarter
blocks on the east side of Kincaid Street north of 13th Avenue. No vendors
could be located on the southwest or southeast corners of the intersection
because the sidewalk is too narrow. The staff observed the 13th and Kincaid
area in all kinds of weather. The access of handicapped people has been
inhibited by the location of the street vendors. Handicapped access ramps are
sometimes offset from the crosswalks, and so the revisions require street
vendors to be 10 feet from handicapped parking spaces and access ramps. A
5-foot wide expanse of sidewalk is necessary to ensure that people have room
to pass each other while walking.
Referring to Section 3.340, Mr. Holmer suggested the objective of the minimum
amount of insurance and the extent of the insurance required of street vendors
be specified in the ordinance. He also suggested the ordinance indicate the
basis for the application fee. Ms. Smernoff said the application should cover
the cost of reviewing the application and that language could be added to the
ordinance.
Mr. Hansen wondered why a Refuse and Recycling Board will be established if it
is to meet only when the City Manager wants it to meet. Ms. Smernoff said the
revisions indicate specific charges for the Refuse and Recycling Board.
MINUTES--Eugene City Council
April 22, 1985
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Mr. Gleason said the purpose of several City boards is to provide information
from the industry when it is needed. Consequently, the City Manager calls
them into session when an issue involves a charge of the board. Replying to
questions from Mr. Hansen, Ms. Smernoff said a mailing list will assist the
staff in getting information for changes to the rules. The staff would
respond to a petition from one person for a change in the rules. A public
hearing would not necessarily be held. Section 2.007, which is referenced on
Page 47, creates the Emergency Medical Services Board.
Responding to Ms. Ehrman, Ms. Smernoff said sidewalk vendors must be in the
licensed location six hours a day for five days a week to keep a license.
They could remain longer. One of the current vendors at 13th and Kincaid
would be eliminated if either a 100-foot or 150-foot distance from restaurants
is required. The University of Oregon indicated it will permit street vendors
on University property during only two periods of the year.
Answering Ms. Schue, Ms. Smernoff said only three vendors at 13th and Kincaid
will be permi tted by the "di stance from restaurants II requi rement and the "one
vendor per quarter block" requirement. One of the vendors will be on the
northern half of the block on the east side of Kincaid. No sidewalk vendors
will be allowed south of 13th Avenue. Standard city blocks vary in length
from 340 to 400 feet. The continuation of 13th Avenue east of Kincaid is
vacated.
Mayor Obie opened the public hearing.
Darrell Lyons, 4750 West Hillside Drive, spoke in favor of the refuse and
recycling business license revisions. Mr. Lyons owns A-l Garbage Service and
Eugene Recycling. He said the stable minimum rate will encourage recycling
and enable haulers to maintain good equipment.
Bob Fenstermacher, 3505 Spring Blvd, owns Sani-Pac Oregon Ltd. He said the
staffls hard work on the revisions is supported by haulers in the community
who are building a recycling program. He displayed a copy of "World Wastes"
which contained a picture of a Sani-Pac recycling vehicle. He said telephone
calls from New York City indicate the city wants to buy 50 of the vehicles.
Timothy Loveless, 2128 Garfield, is a flower vendor. He said every corner is
different. Parents sometimes tell children to wait for them at "Mr. Loveless"
corner. He said, liTo outlaw street vending, is to outlaw free enterprise. II
Vicky Leppman, 1356 Hilyard, is president of the University Small Business
Association (USBA). She represented the association and submitted three
petitions to the council. The petitions indicated the signers were in favor
of the changes to the sidewalk vending regulations. She emphasized that the
existing regulations were an experiment. The proposed changes are the result
of that trial period. The USBA, she said, would like sidewalk vendors to be
regulated. It does not want them eliminated. USBA members are not afraid of
equal competition, but the present situation has resulted in unfair competi-
tion.
MINUTES--Eugene City Council
April 22, 1985
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Ms. Leppman said the 13th and Kincaid corner is very congested and hazardous.
The proposed regulations increase public safety. Area merchants are cooper-
ating with the City to limit the litter problems of the West University
Business District. Merchants are voluntarily emptying trash receptacles
placed by the City. The vendors have generated litter and taken no respon-
sibility for its disposal. The proposed ordinance addresses that concern.
The area merchants own small businesses. Their lives, those of their
families, and the lives of their employees and their families are directly
affected by sales. High rent, taxes, and the inability to draw customers from
other parts of the city because of the lack of parking were considered when
the owners located in the area. Foot traffic from the University was expected
to off-set the high costs. Any number of sidewalk vendors can now locate near
the corner and intercept the foot traffic. Since the situation arose last
fall, many businesses have had reduced sales. One business closed and others
have laid off employees. Ms. Leppman said the proposed ordinance was a fair
compromise.
Doug Taylor, 1848 Villard, opposed the proposed ordinance. He is a partner in
the Campus Pizza Pushcart. He displayed a diagram of the 13th and Kincaid
intersection. He said only one pushcart would be able to locate at the
intersection. He said obstacles are bike racks, restaurants, the bus stop,
and narrow sidewalks. There are only four carts now. They have established a
clientele and do not compete directly with restaurants. He did not think the
City should set a precedent by eliminating businesses. He recommended a
grandfather clause which would preserve existing pushcarts. Three of the four
sidewalk vendors had been on the mall.
Catherine J. Griffin, 1186 Ferry St., #4, referred to a letter dated April 19,
1985, submitted to Mayor Obie from the Student Bar Association of the
University of Oregon. She said the students believe the proposed ordinance
will limit the opportunity for law students to "grab a quick bite" and that
free enterprise, which includes sidewalk vendors, is needed in the area.
Dorene Iannone, 1848 Villard, is a co-owner of the Pizza Pushcart. She
opposed the proposed lottery system because it would deny the vendors who have
developed a loyal clientele their right to do business. Many vendors could
enter the lottery and the sidewalk vendors at 13th and Kincaid now would not
have a chance. She suggested a seniority system. She said a business owner
should know where the business will be located the next year.
Todd Poliskin, 380 West 8th, #2, opposed the proposed regulations. He said
the 13th and Kincaid area has been revitalized. The sidewalk vendors have
added to the revitalization. He said congestion is not bad. In fact, it
seemed the City was trying to bring back congestion in most parts of the
city. Students have considered 13th Avenue a living theater, he said.
Anthony Olin, 1905 9th, sells flowers. He did not think flower vendors should
be included in the restrictions for the 13th and Kincaid area. He said flower
vendors rent many spaces. The purchase of a business license would decrease
thei r profi ts. He questi oned the "100-feet from a freeway ramp restri cti on"
and the proposed lottery. He cleans up for 300 feet on each side of the road
and, in that way, helps the community. He said the proposed ordinance will
put some people out of work.
MINUTES--Eugene City Council
April 22, 1985
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Shelly Lyon, 23598 Highway 36, Cheshire, owns Lyon's Enchanted Flowers. She
estimated that 100 people will be put out of work by the proposed ordinance.
She said people have a right to chose from whom they buy. The vendors she
hires keep the area clean. She wondered if a license will be needed for each
vending spot. She talked about free enterprise and the right of unemployed
people to work.
John Anderson, 39475 Mohawk Loop, Marcola, said the sidewalk vendors are one
of the reasons he comes to town. He recommended a grandfather clause which
would limit additional vendors at 13th and Kincaid.
Kit Tangtrongjita, 3687 Sisters View, came to Eugene to study architecture and
decided to make it his home. He owns a pushcart and is just making enough to
support himself in a decent manner. He provides a good product that can be
consumed in a hurry. He empathized with other merchants in the 13th and
Kincaid area and endorsed proper controls. He said new enterprises cause new
problems, but restricting the locations of pushcarts will put many owners out
of business. He said the lSD-foot distance requirement meant he could not
locate near a Safeway or 7-11 store. He said many dollars leave the community
from those stores and go to the corporate headquarters. He supports the
community. He recommended the grandfather clause be inserted in the regula-
tions and the l50-foot distance eliminated.
Jack McCann of San Jose, California, represented the floral industry. He said
sales of flowers from public buildings, public thoroughfares, and areas
adjacent to public thoroughfares were prohibited in San Jose because the sales
created hazards to those in vehicles and to the vendors.
Stanley Ewan, 246 West 11th, owns the Flower Fancier. He said the people who
sell for him are off the road. He did not think restrictions for pushcarts
should apply to his business. He pays unemployement taxes for his employees.
He also has high-risk insurance. He buys from local wholesalers. He said
some people cannot afford to buy from a florist.
John Wilson, 782 East 11th, owns the Liberty Coffee Company which is one of
the pushcarts at 13th and Kincaid. He favored a grandfather clause for
deciding which pushcarts will remain on the corner. He read Section (d) on
page 62 of the proposed ordinance about the need to prevent interference with
social and economic pursuits. He said the City should not regulate competi-
tion. Customers should decide where vendors are located. There are 26
restaurants in the 13th and Kincaid area. The number of restaurants is
probably the reason for the loss of business by restaurants, he said.
Mr. Wilson emphasized that sidewalk vendors serve different customers than
restaurants. He said the three carts at 13th and Kincaid do not impede the
traffic flow. Previously the area was occupied by bike racks and so the carts
are not in a pedestrianway. He suggested the City tax the property and
generate income for the City instead of relocating the sidewalk vendors. He
recommended the 10D-foot distance from a similar business. He favored the
grandfather clause for deciding which carts will remain at the intersection.
MINUTES--Eugene City Council
April 22, 1985
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Discussing Berkeley, California, Mr. Wilson said there are eight pushcarts in
an area similar to 13th and Kincaid. If the council enacts the proposed
ordinance, he asked that the pushcarts be permitted to remain at 13th and
Kincaid until the owners' current licenses expire.
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Robert Szakacs, 1615 Cameo, said his wife operates the hotdog cart at 13th and
Kincaid. They started the business in 1979 and have been in several loca-
tions. They owned the only pushcart at 13th and Kincaid for a year. The
other businesses accepted them. He recommended a grandfather clause or
seniority for deciding which pushcarts will remain on the corner. He said the
safety problem was caused by holes in the street. He called City Hall and got
the street repaired.
Pat Brooks, 610 East 13th, asked if the administrative rules would be voted
upon by the council and if restrictions for the vendors at 13th and Kincaid
were started a year ago on a trial basis. She represented a group of florists
and submitted a memo dated April 19, 1985, to the council from 18 florists.
She said many florists with businesses outside the city limits concurred with
the ideas in the memo. The florists realized the need for an ordinance
regulating sidewalk vending; however, they felt the proposed ordinance is not
adequate for the whole city. They feel additional restrictions are needed.
They wish the floral industry had been consulted prior to the drafting of the
administrative rules. Not enough attention has been given to the need for
parking, public safety, and consumer protection in areas other than 13th and
Kincaid which is not representative of the city as a whole. She said the
vending regulations should pertain to vendors on private, as well as public,
land. She recommended that vendors be at least 400 feet or one block from a
competing business if the ordinance applies to the whole city. She suggested
different regulations might apply to the University area.
Bruce Chase, #3 Chevy Chase Lane, is President of Chase Gardens, Inc., a
flower producer and a past president of Roses, Inc., an international asso-
ciation which represents commercial growers. He opposed the recommended
ordinance. He has supported alternative marketing for flowers for many
years. He said the per capita consumption of flowers had to rise because of
imported flowers. Consumption has risen because outlets have made flowers
more available to the general public. Sidewalk vendors and traditional shops
are permitted at the same location in Minneapolis if it is agreeable to the
merchants. Business has increased for both types of businesses. He suggested
policies used in Boston, St. Paul, San Francisco, Washington, D.C., and other
cities be studied before an ordinance is adopted for Eugene.
Kay Pederson, 251 Spyglass, represented Reed and Cross. She said people are
charmed by the flower kiosks in San Francisco, but they are not charmed by the
plastic buckets from which flowers are sold in Eugene. She did not like the
truck which sold shoes by the Eugene Library. She said traditional florists
know that sidewalk vending is here to stay, but they think it should be
regulated. Ms. Pederson named many of the taxes established businesses must
pay. She had been told a sidewalk flower vendor pays only $45 a year. She
did not think that was fair. Owners of strong businesses are not afraid of
competition, but they want the competition to be fair, she said. She asked
the council to postpone a decision and consider the changes recommended by the
~ floral industry.
MINUTES--Eugene City Council
April 22, 1985
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Amedee Smith, 2515 Lincoln, agreed with Ms. Pederson. He asked that everyone
be required to play by the same rules and pay the same taxes.
Mayor Obie closed the public hearing.
Responding for the staff, Ms. Smernoff reviewed how the 150-foot distance is
measured. She discussed the ways that can be used to decide which pushcart
will be located in a given location. All the applications for a given
location would be included in a lottery. In a seniority system, owners of
licenses would be permitted to choose sites according to the issuance date of
the license. That is, the owner who took out the first license would be
permitted first choice of a site.
Each vending cart at each location on public property will have to have a
license, Ms. Smernoff said. Most of the current licenses expire in June.
She recommended the carts be licensed again according to the new system. The
staff is concerned about the congestion at 13th and Kincaid. The 150-foot
distance from a similar business was recommended because so much testimony was
received at the citizen's forum supporting that distance.
Ms. Smernoff said the staff studied policies used in Portland, Seattle, and
San Francisco. The Portland ordinance requires a sidewalk vendor to receive
written permission from the owner in front of whose business the vendor will
locate. The proposed ordinance for Eugene does not require such permission.
In Berkeley, California, 19 spaces are available. The sidewalk must be at
least 19-1/2 feet in width. Site reservation fees from $600 to $1400 a year
are required. There is a waiting list of 260 for the 19 spaces available. In
San Francisco, sidewalk vendors must be 600 feet or two blocks from a similar
established business and the sidewalk must be 10 feet wide. In Seattle,
sidewalk vendors must be 200 feet from a similar business.
Ms. Smernoff said the policy direction for the administrative rules included a
reference to interference with social and economic pursuits and the peaceful
enjoyment of areas because of testimony at the citizen's forum that indicated
the concern of established business owners about the character and nature of
activities around pushcarts. There seems to be more activity around pushcarts
than around bike racks. The administrative rules will not be voted on by the
council.
Answering a question from Ms. Wooten, Ms. Smernoff said one vendor is licensed
to sell flowers in the downtown mall. No sidewalk vendors are licensed to
sell flowers in other parts of the city. Many vendors sell flowers on private
property and are not subject to any City regulations. Mr. Gleason added that
the zoning ordinance regulations apply to flower vendors on private property.
Ms. Bascom commented that the proposed ordinance did not seem to include
general rules or resolve the unique situation at 13th and Kincaid. She
thought the pushcarts add color and zest to the area, but concerns about
paying a fair share, trash collection, and fairness to owners of pushcarts
there now need to be addressed. She did not think those concerns have been
resolved.
MINUTES--Eugene City Council
April 22, 1985
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Mr. Rutan agreed with Ms. Bascom. He suggested special treatment for the 13th
and Kincaid area would be consistent with the West University Refinement Plan.
Mayor Obie thanked the audience for the reasonable, good testimony, and the
courtesy shown to others.
Mayor Obie recessed the meeting at 9:25 p.m. and reconvened it about 9:30 p.m.
CB 2819--An ordinance concerning business license regulations;
amending Sections 2.013 and 2.235, adding Section
2.240, amending Sections in Chapter 3, and amending
Section 8.200 of the Eugene Code, 1971; and declaring
an emergency.
Ms. Wooten moved, seconded by Mr. Hansen, that the bill be read
the second time by council bill number only, and that portions
of Section 3 of the bill not be considered at this time (those
portions being the definitions pertaining to sidewalk vending in
Section 3.005 and Sections 3.336 to and including Section 3.342)
and that the remainder of the council bill be considered at this
time with unanimous consent of the council.
Referring to Section 3.015 on page 33, Mr. Holmer was concerned because the
City Manager's authority to set license fees was not limited. He said the
fees should offset the costs of reviewing the application. He had perfect
confidence in Mr. Gleason, but not in lithe City Manager. II
Mr. Holmer moved, seconded by Mr. Hansen, to amend the motion to
add the following underlined words to subsection (a) of Section
(1) of Section 3.015.
(a) Application fees required with each business license
application calculated to cover the full cost of reviewing
an application.
Roll call vote; the amendment carried unanimously, 7:0.
Ms. Schue noted the motion was to approve the non-controversial portions of
the ordinance and postpone consideration of controversial issues.
Roll call vote; the motion carried unanimously, 7:0.
Council Bill 2819 as amended was read a second time by council bill number
only.
Ms. Wooten moved, seconded by Mr. Hansen, to adopt the bill with
the exception of those portions set forth in the first reading.
Roll call vote; all councilors present voting aye, the bill was
declared passed (and became Ordinance No. 19321).
Ms. Wooten suggested a discussion at a work session on the controversial
issues. She and Ms. Ehrman thought it should be scheduled as quickly as
possible. They were told May 22 was the first available date.
MINUTES--Eugene City Council
April 22, 1985
Page 8
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Ms. Wooten moved, seconded by Mr. Holmer, to schedule a work
session for May 22 to reconsider Sections 3.005 and Sections
3.336 to and including Section 3.342 of the business license
ordinance which apply to sidewalk vending. Roll call vote; the
motion carried, 5:2. Ms. Wooten, Mr. Holmer, Mr. Rutan, Ms.
Bascom, and Ms. Schue voted aye. Mr. Hansen and Ms. Ehrman
voted nay.
Later in the meeting, Ms. Bascom thanked the staff for the intensive work on
the ordinance.
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Mr. Hansen thought some direction should be given to the staff if councilors
wanted specific information for the study session. At the end of the meeting,
several councilors made suggestions.
Ms. Wooten suggested the council consider: 1) policies used in cities not on
the West Coast; 2) a formal request for input from the floral industry if it
is necessary; 3) the effect of a grandfather clause; and 4) how the mall
pushcart regulations might apply to 13th and Kincaid.
Mr. Obie suggested the council consider removing the parking or closing the
street. If the street is closed, he suggested locating the pushcarts on the
street and charging rent for the space.
Ms. Ehrman noted there are not enough parking spaces in the area now. She
said removal of the parking in the 13th and Kincaid area will have an impact
on Sacred Heart Hospital.
Mr. Holmer wished the council had discussed the more options before the public
hearing. He suggested allowing the highest bidder to locate at a site be
considered.
Ms. Bascom suggested the pushcart owners who have been at 13th and Kincaid be
permitted to remain, but others not be permitted to locate there.
Ms. Schue would like additional information from the University of Oregon
particularly about 13th Avenue.
B. Street Vacation (City of Eugene/Hallstrom) (SV 85-1) (memo, map
distributed)
City Manager Micheal Gleason introduced the agenda item. Bill French of the
Planning Department said the property owner who requested the street vacation
was present.
Mayor Obie opened the public hearing.
There being no requests to testify, he closed the public hearing.
CB 2820--An ordinance authorizing vacation of an unimproved cul-
de-sac bulb located west of West 10th Avenue between
Garfield Street and McKinley Street.
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MINUTES--Eugene City Council
April 22, 1985
Page 9
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Ms. Wooten moved, seconded by Mr. Hansen, that the bill be read
the second time by council bill number only, with unanimous
consent of the council, and that enactment be considered at this
time. Roll call vote; the motion carried unanimously, 7:0.
Council bill CB 2820 was read the second time by council bill number only.
Ms. Wooten moved, seconded by Mr. Hansen, that the bill be
approved and given final passage. Roll call vote; all
councilors present voting aye, the bill was declared passed (and
became Ordinance No. 19322).
II. ROUTINE ITEMS
A. Improvement Petition for Paving, Sanitary Sewers, Storm Sewers, and
Sidewalks on North Side of West 11th (Assessible Costs: Paving--
71 Percent; Sidewalks--79.0 Percent; City Costs--Paving--$3,000)
City Manager Micheal Gleason introduced the agenda item. City Engineer Bert
Teitzel said the improvement would widen West 11th Avenue from Seneca Road
east. Correcting the announcement of the petition, he said the petition is
for 100 percent of the cost.
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Res. No. 3915--A resolution authorizing paving, sanitary sewers,
storm sewers, and sidewalks on the north side of
West 11th Avenue from Tyinn Street to Seneca Road
(2192).
Ms. Wooten moved, seconded by Mr. Hansen, to adopt the
resolution. Roll call vote; the motion carried unanimously,
7:0.
B. City Council Minutes of April 1,1985, and April 8,1985, and
Legislative Subcommittee Minutes of April 16, 1985 (minutes
distributed)
Ms. Wooten moved, seconded by Mr. Hansen, to approve
Council minutes of April 1,1985, and April 8,1985,
Legislative Subcommittee minutes of April 16, 1985.
the motion carried unanimously, 7:0.
the City
and the
Roll call vote;
C. Appointments: Nomination to Youth Commission (memo distributed)
Ms. Wooten moved, seconded by Mr. Hansen, to approve the
following nomination to the Youth Commission:
Cindy Dahl, 2747 Crocker Road, to complete the unexpired term of
Gabrielle Morgan--term to expire 1/01/87
Roll call vote; the motion carried unanimously, 7:0.
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MINUTES--Eugene City Council
April 22, 1985
Page 10
IV. READING OF PROCLAMATION CONCERNING ELECTION OF MARCH 26, 1985
~ Mayor Obie read the following proclamation:
liThe City Council of the City of Eugene, Oregon, and I, have canvassed
the election returns for said special election of March 26, 1985,
conducted by the Lane County Election Department and the abstract shows
the results of the City election as follows:
TOTAL VOTE YES FOR MEASURE NO. 51,
AUTHORIZES CITY AGREEMENTS TO
FACILITATE 6TH/7TH AVENUES WIDENING
AND LANDSCAPING
TOTAL VOTE NO AGAINST MEASURE NO. 51,
14,444
6,574
TOTAL VOTE YES FOR MEASURE NO. 52,
AUTHORIZING DOWNTOWN FREE PARKING
DISTRICT TAX
TOTAL VOTE NO AGAINST MEASURE NO. 52
13,907
5,924
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I hereby proclaim and declare as follows:
That Measure No. 51, Authorizes City Agreements to Facilitate 6th/7th
Avenues Widening and Landscaping, as passed.
That Measure No. 52, Authorizing Downtown Free Parking District Tax, was
passed. II
V. APPOINlMENTS
Mayor Obie appointed Councilors Schue and Rutan to the Urban Services Policy
Connnittee.
Mayor Obie adjourned the meeting to May 1, 1985.
R~ SU~.
, (/-"r~ ~~.
Micheal Gleason
City Manager
(Recorded by Betty Lou Rarick)
BLR: cj /1712C
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MINUTES--Eugene City Council
April 22, 1985
Page 11
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M E M 0 RAN DUM
Apri 1 22, 1985
TO:
Eugene City Council
FROM:
.
Eugene Development Department
SUBJECT: REVISIONS TO BUSINESS LICENSE LAWS
Background
The Eugene Economi c Di versifi cat i on Program di rects staff to revi ew and
streamline City regulations. To address this charge, we are doing a
comprehensive review of Chapter 3 of the Eugene Code, which deal s with
business licenses. Our principle objectives have been to standardize the laws
and administrative practices, and to regulate only when necessary to protect
the public health and safety.
We have used guidelines adopted by you in considering the revisions. Based on
those guidelines, we have:
1.
Defined the purpose of the business license program as one that
licenses buslness activities in instances where the City has a
concern about the general public health and safety.
2. Reduced, combined, or eliminated licenses or steps within licenses
wherever possible. We recommend deleting eight licenses' because
the activities of those businesses are regulated by other laws
and/or jurisdictions.
3. Established a maximum timeframe within which all applications will
receive final action by the City. After submission of a complete
application, we propose that the applicant receive a decision from
the City within 30 days. If the applicant appeals the City.s
decision, the notice of appeal, the hearing, and the decision will
occur within another 40 days. These timeframes are similar to those
used by other departments and reflect the maximum time allowed for
review and appeal.
4. Defined and standardized the appropriate level of review so that all
licenses are approved administratively with appeal to the hearings
official.
5.
in provisions common to
administrative procedures
processes by
that govern
Maintained consistency
completely revising the
business license laws.
6.
Steamlined portions of the process governed by administrative
pract ice by deve 1 opi ng in-house procedures to govern the da i ly
administration of the business license program.
At this time, we are requesting you review and take action on Phase One of the
business license revisions. Phase One includes:
1.
A complete reorganization of Chapter 3 to add clarity and
consistency to what is being regulated.
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2. Proposals on which businesses to continue regulating and drafting
the laws and rules to govern their activity.
3. Revisions to the procedures that govern businesses licenses.
4. Recommendations on which business licenses to delete.
In late May, we will bring you a proposal on the Phase Two, which will address
business activities that could be addressed through uniform business practice
1 aws.
Code Content
Each business activity that is regulated will follow certain laws and rules.
The substantive laws are the basic guiding principles that will govern a
particular type of business. The laws are adopted by council. For example,
if we consider the proposed Refuse and Recycling Collection Code, one law
requires all collectors, except those who collect only recyclables, to charge
at least the minimum rate established by council.
Administrative rules provide detail on how to carry out the laws. The rules
.re sign~d by the City Man~ger. For example, the rules define the spectfic
pro~ess that refuse collectors, staff, and the council will use when revising
rates charged by refuse collectors.
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Administrative procedures will also become part of the Eugene Cod.e. The
procedures will be used for all of the City.s business licenses. The
procedures are adopted by the council. As an example, they describe: how
citizens can seek changes to administrative rules; procedures for handling
complaints'; and the processes used in approving, denying; suspending or
revoking a license.
Proposed Revisions: Phase One
The business license laws for which streamlined laws are being proposed
include:
1. Ambulance.
2. Fire Safety Permits.
3. Gas Contractor.
4. Private Police Agency.
5. Refuse and Recycling Collection. and
6. Sidewalk Vending. e
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Business license laws that we recommend be deleted include:
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1. Building Demolition Contractor.
2. Dance Ha 11 .
3. Lodging Facilities.
4. Mobile Home Park.
5. Nursing Home.
6. House Mover.
7. Sign Contractor. and
8. Skating Rink.
Streamlined Business License Laws
After extensive review of the current business license laws, we think there
are six cases in which the City should continue to regulate business activity
using traditional business license laws. Following are summaries of the major
changes we recommend for those businesses that we also recommend continue to
be regulated by City laws:
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1.
Ambulance: In November 1984, you adopted reV1Slons to the ambulance
laws and administrative rules. As part of those laws, you also
adopted administrative procedures. Those administrative procedures
are intended to govern all of the newly streamlined business license
laws. Thus, there are a few housekeeping changes that will occur in
thi slaw as we recreate the format for Chapter 3. None of the
substance or intent of the ambulance laws will change as a result of
the housekeeping changes we recommend.
2. Fi re Safety Permi ts: The current fi re safety permi ts are part of
the City of Eugene Fire Prevention Code. No changes will be made to
these safety permits since they are adequate at this time. The
proposed administrative procedures and revised in-house procedures
will assure that all permits are processed within 30 days of receipt
of a complete application.
3. Gas Contractor: The City has a safety concern about any person who
installs or repairs any gas-consuming apparatus or piping system.
Until the State begins to test and license individuals involved in
this activity, we recommend that the City continue to do the testing
and licensing. We are not recommending action on this license at
this time, but will bring a proposal before you in May.
4.
Private Police Agency: Private police are defined as persons who
carry firearms or have firearms in their possession when they watch,
guard, or protect property or persons, or when they do investigative
work. We are recommending that such persons be tested to ensure
their proficiency in the use of firearms and to ensure that they
have not been recently convi cted of a fe 1 ony, mi sdemeanor, or
offense involving theft or assault. We are not recommending action
on this license now, but will present a proposal to you in May.
-3-
5.
Refuse and Recycling Collection: Two major changes are proposed to
what are currently know as the IIgarbagell laws. First, those
collectors who collect recyclables would be licensed as well as
refuse collectors. This would ensure that refuse and recyclables
are b~ing transferred in vehicles that are properly maintained, and
that refuse and recyclables are not spilled or littered. Second,
the refuse collectors' rates, which are set by the City Council,
would be minimum rates and not the flat rates as in the past. We are
proposing a minimum rate instead of a flat rate in order to address
antitrust concerns expressed by the City Attorney's Office. On
April 11, the Garbage Board reviewed the proposed laws and rules and
has forwarded them to you with a unanimous recommendation for their
approval.
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6. Sidewalk Vending: In December 1983, after discussion by the City
Council, the City Manager si gnedadmi ni strat i ve rules permitting
sidewalk vending on the public right-of-way. After one year1s
experi ence wi th those rul es, we are recommendi ng several
modifications. In order to address congestion issues, we recommend
that only one vendor be located per quarter block and that vendors
be 150 feet from restaurants for food vendors and 150 from flower
shops for flower vendors. In addition, we recommend that an annual
right-of-way fee be charged to vendors for their use of the public
right-of-way. The new proposals have been carefu11y considered
after researching vending laws in other cities. In general, our
proposals are more lenient than those in other cities. . The
proposals were presented to vendors and interested citizens at a
Citizen Forum that was h~ld March 20.
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Deleted Business License Laws
In several cases, we recommend deleting business license laws because a
particular type of activity is currently regulated by other laws. For
example, the City currently requires nursing homes to have a business license.
The purpose of the license and the inspection is to do a fire safety
inspection. Outside of the business license inspection, the City Fire
Department also does several fire safety inspections a year. The Fire
Department feels that their routine fire safety inspections of nursing homes
are adequate and that another inspection for the business license is
unnecessary. The City has not done any other types of inspections for nursing
homes, and has relied on the appropriate State agency to inspect in such areas
as patient care.
Administrative Procedures
We are also recommending substantial streamlining of the administrative
procedures that govern business license laws. Some of those major changes
include:
1.
Notice and Comment Procedures for Rule-making: In the past, there
was not a clear procedure for how a board member or citizen could
seek changes to administrative rules. The proposed rule-making
procedures clarify:
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a. Who can seek a change and how to be put on a mailing list.
b. How notice is given on proposed changes.
-4-
~. c.
d.
e e.
When and how to comment on proposed changes.
How a final decision is reached.
How rules are changed in emergency situations.
2. Appl ication Process: The current appl.ication processes does not
state when and how certain processes will occur. The proposed
application process clearly states:
a. That an applicant will receive a decision on their application
within 30 days of submitting all the required information to
the City.
b. The process for appealing a City decision on an application and
how many days each step of the appeal process will take.
c. The process the City will use in revoking or suspending a
license and the steps a licensee can take to remedy a City
decision.
3. Other Processes: In several cases, more cl arity or new procedures
are being recommended. For example:
a. Complaints about a licensee will be addressed by the City
within 15 days of receipt of the complaint.
b.
License terms sha 11 be g~od for one year from the' date of
issuance.
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Action
Based on direction in the Eugene Economic Diversification Program and the
Guidelines for Revisions to Business License Regulations, we recommend that
you adopt the proposed changes to Chapter 3 and direct the City Manager to
sign the administrative rules.
SLS:edslscc8
4/85
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PRELIMINARY STAFF NOTES
PUBLIC HEARING ON REQUEST FOR VACATION OF PUBLIC RIGHT OF WAY
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City of Eugene: Hallstrom (SV 85-1)
Tax Lot 707--Assessor's Map 17-04-36-2 3
Located west of West .10th Avenue between
Garfield Street and McKinley Street
Requests vacation of an unimproved
cul-de-sac bulb
The proposal is to vacate an unimproved cul-de-sac bulb (public right-of-way)
located approximately 200 feet west of the existing terminus of West 10th
Avenue west of Garfield Street. The area involves Tax Lot 707 adjacent to the
northwesterly boundary of Tax Lot 800 presently developed with Godfather Pizza
and Pad West Restaurant and Tavern.
In August 1977, a minor partition was approved creating three parcels, Tax
Lots 702, 705, and 706 (see attached Vicinity Map). The approval was
conditioned upon dedication of a cul-de-sac bulb shown as Tax Lot 707. At the
time of minor partition review, the termination of West 10th Avenue with a
cul-de-sac bulb located on Tax Lot 702 was determined to be in the best
interest of the public and adjacent land owners. .Development to the west of
the minor partition precluded extending West.10th Avenue through to McKinley
Street. Also, the cul-de-sac bulb termination would result in the least ~
amount of land being dedicated to public right-of-way. Development occurring
on Tax Lot 800 shortly after approval of the minor partition negated the need
for extension of West 10th Avenue. The restaurant/tavern development on Tax
Lot 800 has access to West 11th Avenue. Access for future development of Tax
Lot 702 is addressed by the private drive (panhandle portion) of this lot
extending to West 11th Avenue.
Because of these facts, the Public Works Department indicated that tne
dedicated cul-de-sac was not needed and it would support vacation of the
right-of-way back to private ownership. The owner of Tax Lot 702 is now
requesting the vacation.
Findings
The criteria for evaluating requests for vacation of easements and rights-of-
way is contained in Section 7.610(3)(a) of the Eugene Code. The following
findings and conclusions are based on information submitted by the owner of
Tax Lot 702, the minor partition (M 77-124), and associated material and
information received from the various referral agencies.
Section 7.610(3)(a)(1 ): The subject area is not presently or in the
future needed for public service, facilities, or utilities.
Section 7.610(3)(a)(2): Public service, facilities, and utilities can
be extended in an orderly and efficient manner. e
STAFF NOTES--Eugene Ci ty Council
April 22, 1985
Page 1
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The Public Works, Police, and Fire departments and public service providers
were notified of the request and asked to return comments within 14 days after
receipt of the notice. Otherwise, their approval is assumed. The Public
Works Department indicates that the subject area is not presently being used
and is not planned to be used for sanitary and storm sewers. The referral
indicates that future street needs west of the present terminus of West 10th
Avenue do not require the existing cul-de-sac bulb. The public right-of-way
could be eliminated without maintaining public utility easements.
The Electrical and Water departments of the Eugene Water & Electric Boar~
indicate that the request does not conflict with their respective service in
the area. Pacific Northwest Bell also indicates no conflict.
Public service facilities and utilities are available to the area in the
immediate vicinity of the requested vacation. The cul-de-sac bulb is not
necessary for the extension of public services. Future development of
individual sites or parcels in the area can occur if the cul-de-sac is
vacated. The 30-foot-wide driveway on Tax Lot 702 extending to West 11th
Avenue provides adequate public access.
Section 7.6l0(3)(a)(3): The vacation is consistent with applicable
transportation plans.
The Traffic Engineering Division of the Public Works Department indicates the
subject cul-de-sac is not necessary for proper traffic movement, and there are
no. other traffic engineering problems that would arise if this vacation takes
pl ace. .
The subject request would have provided access only to those lots in the
immediate vicinity of the request. The cul-de-sac bulb being a part of West
10th ,Avenue di d not provi de a maj or role as a transportati on servi ce provi si on
in the area. The need for pUblic right-of-way will be addressed as
development occurs. It appears that the requested vacation is in the Cityls
best interest and will provide greater flexibility for future development in
the area.
Recommendation
Based on the findings and information cited above, it is concluded that the
criteria set forth in Section 7.610 of the Eugene Code are satisfied and the
staff recommends the City Council approve this request. No assessment costs
will result from this vacation. If the vacation occurs, the cul-de-sac bulb
will be combined with the property from which it was originally dedicated, Tax
Lot 702.
WF:db/2535P
Enclousre: Vicinity Map
Minor Partition r1ap
STAFF NOTES--Eugene City Council
April 22, 1985
Page 2
-
C,ty of Euqene: Hallstrom (SV 85-1)
Tax Lot 707--Assessorls Map 17-04-36~23
Located west of West 10th Avenue between Garfield Street and
McKinley Street
Requests vacation of an unimproved cul-de-sac bulb.
, ---
. West Broadway Avenue ....
0' 100' 200'
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Area of 702
Req~ 800 I-2
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