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HomeMy WebLinkAbout05/22/1985 Meeting - e - e M I NUT E S Eugene City Council Work Session McNutt Room--City Hall May 22, 1985 Noon COUNCILORS PRESENT: Cynthia Wooten, Richard Hansen, Emily Schue, Freeman Holmer (12:00-1:25), Ruth Bascom, Debra Ehrman, Roger Rutan, Jeff Miller Council President Cynthia Wooten called the work session to order. I. BUSINESS LICENSE REVISIONS: SIDEWALK VENDING Susan Smernoff of the Eugene Development Department reviewed and discussed issues raised at the public hearing on April 2?, 1985. A grandfather clause that would permit pushcarts that now operate at 13th Avenue and Kincaid to remain there was suggested. Ms. Smernoff said the staff still opposed the grandfather clause because of concerns about congestion and public safety. A lottery system and a seniority system for allocating space at 13th and Kincaid were discussed and Ms. Smernoff said that approach was agreeable to the staff. At the public hearing, councilors had asked for more information about the elimination of parking on 13th Avenue and the closure of 13th Avenue between Alder and Kincaid. Responding to the request, Ms. Smernoff said Lane Transit District (LTD) buses would have to be rerouted, traffic circulation and parking at Sacred Heart Hospital and Northwest Christian College would be affected, fire and other emergency vehicles would have to be rerouted, and some permanent businesses on 13th would be affected. Ms. Smernoff said University of Oregon representatives said that vending will not be permitted on University property except during special events. Referring to a memo from Councilor Holmer, Ms. Smernoff said the City Attorney indicated an annual competitive bidding system could be used to allocate space at 13th and Kincaid. It would be important to indicate the property will not be leased because in that case the vendors would have a lease-hold interest in the property. The lane County staff enforces public safety and health laws. The sign and litter issues have also been addressed in the administrative rules. An LTD representative indicated support for the staff proposal to Ms. Smernoff and said the vendors do not have a detrimentatal impact on LTD operations. MINUTES--Eugene City Council May 22, 1985 Page 1 . e e Jean Names of the Lane Community College Business (lCC) Assistance Center works with businesses in the 13th and Kincaid area. She told Ms. Smernoff that the businesses had been adversely affected by the vending activity. Bill Tweedie, a retired member of the LCC staff who worked with University area businesses, also indicated support for the staff proposal to Ms. Smernoff. He was pleased with the proposed 150-foot distance. Ms. Smernoff said only one flower vendor operates on City sidewalks. That vendor is on the northwest corner of Broadway and Pearl, is licensed, and complies with City regulations. Most of the issues raised by flower merchants concern vendors on private property, she said. Flower and other types of vending on private property could be addressed by modifications to Chapter 9 of the City code, which the Planning staff could present to the council in six to 12 months. Mr. Holmer said flower vendors in his ward are conducting business in the public right-of-way or across the right-of-way. Many transactions are made across the curb. Ms. Wooten said the 13th and Kincaid area is unique and provlslons for side- walk vending there should be separated from provisions for the rest of the city. Ms. Bascom noted that the regulations for vending on the downtown mall are different from those being considered by the council. Mr. Holmer did not want to treat the 13th and Kincaid area separately from the rest of the city because of philosophical concerns. He emphasized that side- walk vending is done on public property. He will not support the proposals unless they are modified because they authorize an activity that seems to be economically unfair. Discussing the process the council should follow, Mr. Rutan suggested the council consider the application of the proposals on a city-wide basis and then see if they can be applied to the 13th and Kincaid area. Ms. Ehrman agreed with Mr. Rutan and said the 13th and Kincaid area is the only one in which there are problems with sidewalk vending. Ms. Wooten said the 13th and Kincaid area is special. The people and the density make pushcarts profitable there. Regulations and enforcement appli- cable to that area may not be relevant to other areas. She would like to limit the number of vendors in the 13th and Kincaid area to four. The 150- foot distance from other businesses might make it impossible for pushcarts to conduct business in the 13th and Kincaid area, but that distance might be appropriate for other areas of the city. Mr. Hansen said the people who invested in the 13th and Kincaid area and created the situation are special. Many streets lead to the University but people congregate on 13th Avenue where merchants have made capital invest- ments. Merchants can choose many locations, but they probably chose 13th Avenue because of past investments and past activities. MINUTES--Eugene City Council May 22, 1985 Page 2 Ms. Bascom said the only rules that should be different for the 13th and ~ Kincaid area concern location of the pushcarts. Mr. Miller said he preferred to assign vendors specific locations. The councilors reviewed the proposed administrative rules section by section. A. Restrictions on Vending Units Responding to a question from Ms. Ehrman, Ms. Smernoff said signs could not extend beyond the top of a cart if the rules are approved. Signs would have to be attached to the main structure. The sign on the coffee pushcart would not comply with the proposed rules. Mr. Hansen suggested the design of pushcarts should be reviewed to ensure they are attractive. They are on public property and should be esthetically pleasing. Ms. Smernoff said the design of pushcarts would be reviewed by the building department for structural safety. Ms. Wooten said there is no precedent for a design review in order to ensure attractiveness. ~ Answering questions from councilors, Ms. Smernoff said the proposed rules - limiting an awning or canopy to 49 square feet were developed so thaJ_i!.D_ awni.ng or canopy could be 7 feet by 7 feet. The downtown mall regulation is the same. The type of food sold from a pushcart is not limited by the rules. Mr. Gleason said enforcement of the administrative rules would be turned over to a City department. Mr. Hansen moved, and Mr. Holmer seconded, to direct the staff to prepare an administrative rule that will provide a design review for pushcarts that will ensure attractiveness. Responding to a question from Ms. Schue, Ms. Smernoff said the staff does review the design of pushcarts on the downtown mall and has indicated when they need painted. Mr. Rutan and Mr. Miller said criteria for a design would be difficult to develop. The motion failed in a voice vote. Three councilors voted for it. B. Restrictions on Vending Locations Mr. Hansen initiated a discussion of the required 10-foot distance from an intersection. Mr. Rutan said vendors located within 10 feet of an intersec- tion tend to do business in the intersection. Ms. Ehrman said the issue may be an enforcement one. Ms. Schue responded that the rules, and the 10-foot distance, apply to vendors located on the public right-of-way. Vendors on private property are regulated differently. e MINUTES--Eugene City Council May 22, 1985 Page 3 e Replying to a question about transactions in the public right-of-way by ven- dors who do not have sidewalk vending licenses, Sharon Rudnick of the City Attorney's Office said an ordinance could be written to prohibit transactions in the public right-of-way by people who do not have a sidwalk vending license. Ms. Wooten asked Ms. Rudnick to include that provision in the ordinance. Ms. Bascom said she will support the proposed restrictions on vending loca- tions for most of the city, but she would like specific sites designated for the 13th and Kincaid area. Ms. Wooten said pushcarts at 13th and Kincaid that are closer than 20 feet to a building entrance, doorway, or handicapped parking space do not inhibit passage in any way. She suggested the pushcarts be required to be only 15 feet away. Mr. Hansen favored the 20-foot distance from a building entrance, doorway, or handicapped because he preferred to err by being conservative. Ms. Wooten moved, and Ms. Ehrman seconded, to restrict vendors from operating within a 15-foot radius of a building entrance or doorway. The motion failed in a voice vote. Two councilors voted in favor or it. e Mr. Holmer said a five-foot width barely allows people to pass on a sidewalk and presents problems. He said the sidewalks were built by property owners and complied to City regulations because there was a need for wide sidewalks. Responding to a question, Ms. Smernoff said the rules would require pushcarts to be positioned so that a line of customers would not obstruct five feet of the sidewalk. Mr. Hansen noted the sidewalk would have to be 15 or 16 feet wide before a pushcart could be located on it because the cart can be 7 feet wide. Mr. Miller and Mr. Hansen said the rule should be more clear. Ms. Smernoff said she will clarify it. Ms. Bascom suggested flower vendors be required to be 400 feet from a flower shop. Ms. Schue said the issue is whether or not vendors are in the public right-of-way. She said restaurant owners have been asked to accept vendors within 150 feet and she wondered why flower shop owners should not do the same. Answering questions, Ms. Smernoff said the words "similar product" recreate many problems for the staff. The 150-foot distance does not apply across a street. The merchants at 13th and Kincaid support the 150-foot distance. Councilors discussed the application of the 150-foot distance from restau- rants, food stores, and flower shops. Ms. Wooten suggested the distance be 100 feet for the 13th and Kincaid area only. Ms. Bascom suggested specific sites for pushcarts be approved for the 13th and Kincaid area and that three pushcarts be permitted on the east side of Kincaid. Mr. Hansen favored the 150-foot distance because the merchants in the area who created the density in ~ the area were willing to accept it. MINUTES--Eugene City Council May 22, 1985 Page 4 Ms. Wooten announced the council would not have time to discuss the Culture/ ~ Leisure Plan, which was the second item on the agenda. Ms. Wooten moved, and Ms. Bascom seconded, to approve Adminis- trative Rule B 10 concerning the 150 linear foot distance from a restaurant, food store, or flower shop for all parts of the city except the 13th and Kincaid intersection and the blocks between 12th and 14th and the downtown mall. Ms. Smernoff said only three vendors would be permitted in the 13th and Kincaid area even though the distance is reduced to 100 feet because another part of the proposal indicates only one vendor will be permitted in each quarter block. Mr. Holmer and Mr. Rutan did not favor having different rules for the 13th and Kincaid area than for the rest of the city without specifying what the rules for the 13th and Kincaid area would be. The motion carried in a voice vote 5:3. e C. Vendor Requirements Mr. Holmer asked what "empty the container as soon as it is full" means. Mr. Gleason said the phrase indicates the refuse should be stored in a garbage container and then taken away. Ms. Wooten, at Mr. Holmer's request, asked Ms. Smernoff to clarify the rule. Mr. Holmer noted the council was not reviewing a draft ordinance. He did not want to delegate the authority to set a right-of-way fee without guidance to the City Manager because the City would be renting commercial space. He did not want to set the exact amount of the fee, but he said the council should decide a basis for the fee that reflects the commercial value of the space. He wished to address the matter when the ordinance is available. Mr. Rutan distinguished between the renting of commerica1 space and collecting a fee. Ms. Wooten said a fee that reflects the commerica1 value of the space would make it impossible for pushcarts to do business at 13th and Kincaid because the cash flow from pushcarts is small. She said commercial space includes such things as lights and heat and, therefore, a sidewalk is not a commercial space. Mr. Hansen said the sidewalks have tremendous value for business. He sug- gested sidewalk vendors should post the hours of their operation. D. Restrictions on Operating Area No comments were made. e MINUTES--Eugene City Council May 22, 1985 Page 5 e E. Allocation of License Operating Areas Mr. Hansen wondered if renewal opportunities should be limited. The property is public and different people should have an opportunity to utilize it, he said. Ms. Ehrman suggested the licensed operating area be assigned by seniority rather than by lottery as indicated in the administrative rules. Ms. Smernoff said City records indicate when the pushcart owners applied for licenses to operate at 13th and Kincaid. Mr. Holmer said both the lottery and seniority systems are at odds with the free enterprise system. He did not like either one. Mr. Gleason discussed the process that would be followed if the council indicated competitive bidding should be used to allocate the spaces. Ms. Ehrman moved, and Mr. Hansen seconded, to assign licensed operating areas for pushcarts and places on the waiting list by seniority. The motion carried with a voice vote, 7:1. Mr. Holmer voted against it. Mr. Hansen moved, and Ms. Wooten seconded, to limit the time a vendor can occupy a location to three consecutive years from the date of adoption of the ordinance. Mr. Holmer said pushcart owners should have the right to use a space for a fixed period of time. They should be able to transfer the license to someone el se. e Responding to a question, Ms. Smernoff said the proposed ordinance and laws would prohibit an owner from transferring a license. The motion failed with a voice vote, 3:5. Mr. Hansen, Mr. Holmer, and Mr. Rutan voted in favor of it. F. Application for License No comments were made. G. Review of Application No comments were made. H. Insurance Coverage Mr. Hansen said Mr. Holmer, who had left the meeting, would want some guide- lines for the amount of public liability insurance a vendor should have. Mr. Rutan agreed. I. Hold Harmless Agreement Mr. Hansen said the hold harmless agreement is only good if the licensee has enough insurance. He suggested there be some "teethll in the agreement. ,- MINUTES--Eugene City Council May 22, 1 985 Page 6 - 13th and Kincaid Area Ms. Wooten moved, and Ms. Bascom seconded, to approve the location of four or fewer vendors in the 13th and Kincaid area from 12th Avenue to 14th Avenue. Ms. Bascom said the business owners in the 13th and Kincaid area had agreed to a relocation of the four existing vendors. She said there is congestion now on the corner. She would like to relocate the vendors on a trial basis. Ms. Wooten would be willing to have the four vendors now located at 13th and Kincaid remain at their present locations. Responding to a question from Ms. Schue, Ms. Wooten said approval of her motion would allow a vendor to be replaced if the vendor left the area. It would not allow vendor activity to increase. Mr. Hansen reiterated the concerns of the permanent business owners in the area and said he would oppose the motion. He said the pushcart regulations were originally enacted to allow pushcarts on the downtown mall. Responding to a question from Mr. Miller, Ms. Smernoff said the permanent business owners would be disappointed if the motion passed. She discussed the high rents and other business considerations in the area. She said business owners supported disbursing the vendors because the congestion and the compe- tition would be reduced. e Ms. Ehrman would vote against the motion because it would "break faith" with business owners in the area. The motion failed in a voice vote, 2:5. Mr. Holmer had left the meeting. Ms. Ehrman moved, and Mr. Hansen seconded, to approve Adminis- trative Rule B 10 concerning the 150 linear foot distance from a restaurant, food store, or flower shop for all parts of the city except the downtown mall. The motion carried on a voice vote, 5:2. Ms. Wooten stated she did not favor the council setting criteria for fees. The work session was adjourned at 1 :38 p.m. (Recorded by Betty Lou Rarick) l743C ,e MINUTES--Eugene City Council May 22, 1985 Page 7 " M E M 0 RAN DUM e May 22, 1985 TO: Eugene City Council FROM: Eugene Development Department SUBJECT: SIDEWALK VENDING OPTIONS Background At a Public Hearing on Sidewalk Vending held on April 22, 1985, you requested that we prepare a report on vari ous aspects of the proposed ordi nance and rules on sidewalk vending. Following is a summary of staff research on these issues. Grandfather Clause e The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic. The intersection at 13th and Kincaid supports a high volume of pedestrian, bicycle, and vehicular traffic, including LTD buses that pick up and discharge passengers twelve times an hour throughout the day. During the past year, we nave observed the intersection at peak traffic times. Given our observations, a grandfather clause permitting the current location of sidewalk vendors at 13th and Kincaid would not adequately address our concerns about congestion and public safety at that intersecton. The City assumes significant liability when it authorizes activities in the public right-of-way. The question of liability is serious and has caused some cities to require sidewalk vendors to be insured for public liability in the amount of one million dollars. Additionally, cities exercise discretionary judgment that places public safety considerations above grandfather issues. In no case where a city adopted a grandfather clause, did there exist a congestion situation comparable to that at 13th and Kincaid. Initial Allocation of Vendor Locations We have asked the attorney IS offi ce to determi ne whether our process for initially allocating vendor locations is restricted by any constitutionally protected property right of presently licensed vendors. The short answer is IInoll. Vendors have no property interest in doing business at any particular location. We may use a seniority or lottery system to assign the vending locations. We may also auction off the prime locations by issuing a separate license to use the City property for vending purposes. e If the City wishes to auction the prime vendor locations to the highest bidder, this could be accomplished by auctioning a revocable license or permit to the City property in accordance with the terms of the vendors license. A license to use land is a privilege and gives the holder no interest in the oroperty used. Removal of Parking and Closure of 13th Avenue The closure of 13th between Alder and Kincaid, while allowing for more on- ~ street business activity, would also immediately impact the following: 1. LTD buses that pick up and di scharge passengers at the rate of twelve times an hour. 2. Tra ffi c ci rcul at i on for Northwest Chri st i an Co 11 ege and Sacred Heart Hospital. 3. Access for Fire and Police services. 4. Parking for businesses located on 13th between Alder and Kincaid. Vending on University Property In response to a request from the Oregon State Board of Higher Education and the State of Oregon, Eugene Ci ty Council adopted, on December 28, 1970, Ordinance 16147, vacating 13th Avenue from the East margin of Kincaid Street to the West margin of University. Oregon Administrative Rule 571-50-030 prohibits commercial sol icitation and transactions on campus except with written permission by the University President's designated representative, the Director of Erb Memorial Union. On April 8, 1985, we. met with Adell McMillan, Director of Erb Memorial Union, and David Rowe, University Planner, to discuss the possibility of permitting ~ sidewalk vendors to conduct business on the vacated portion of 13th Avenue. ~ Ms. McMillan felt that permission for vendors to locate on campus could not be granted. This decision was based on a history of negative reaction from University staff to the noise and litter caused by booths and pushcarts located on campus during semi-annual street fairs. We also researched University policy in other states and cities with regard to vending on University property. All Universities researched were governed by rules similar to those at the Universtiy of Oregon, which state that public property cannot be used for commercial purposes. None of the Universities granted exceptions to these rules. Comparison of Proposed Eugene Regulations with Other Cities For this information please refer to the Sidewalk Vending Comparison Study, which is attached. edslscc6 5/85 - e e e SIDEWALK VENDItJG COHPARISON STUDY lIlay2"2 , 1985) City Adjacent Distance Dens i ty Lottery System/ Products Li cens i ng Fees/ University Property Umi tations Limitations Grandfather Clause Sold Term Insu rances Policy Owner Permission l. Eugene, Not 150 linear feet from 1 vendor per Licensed by senior- Food 1 yea r from da te Application State law pro- OR requ ired. restaurant, food quarter block. ity, based on length Beverages of issue. fee: $45 hibits use of (pro- s to re ,or fl o~le r of time vendor has Flol'/ers Row fee: 1 publ ie propert posed shop if vendor sells been licensed Renewed indefi- for commerc ial regula- food or flowers. with City. nitely if re- $350,000 com- pu rposes. tions) quirements met. bined single policy limit, or $100/300/ 50. 2. Eugene, Not Eugene Deve I opment Depa r tment accep ts proposals f rom vendors Food June-Augus t $40-$1 OO/mo. State law pro- OR requi red. and makes selection on basis of conformance to specifica- Beverages on a contract depending on hibi ts use of (present tions and uniqueness of product. EDD then assigns locations Flollers basi s. Rest of number of pub 1 i c property mall (maximum 14). Consideration is given to proximity to Seasonal year done on a items, plus for conunercia1 regul a- other pushcarts and fixeo businesses. items month-to-month 6% of gross purposes. tions) basi s. earnings and Produc ts ODD tax. must be Fountain 10- unique. cation is extra. Insu ranee j s $1001300/50. lOne item $40 per month; $20 for each additional item. -1- SIDEWALK VENDING COMPARISON STUDY City Adjacent Di stance Dens ity Lottery System/ Products Licensing Fees/ Uni versi ty Property limitations Limitations Grandfather Clause Sold Term Insu ranees Policy Owner Permi ssi on - 3. Portland, Requi red. 100 feet from res- 1 vendor per Grandfather clause Food Permits expi re Application State law pro- OR taurant, fruit and quarter block. covered blocks that Beverages in Decembe r. fee: $60. hibits use of vegetable market, or Ci ty Engi neeI' had mo.'e than one Fl o~lers license fee: pUblic propertv flower shop if ven- may establish vendor per quarter Balloons Renewed indefi- $75. for commercial dol' sells food or additional 10- block and vendors Shoe shine nitely if re- $40 between pu rposes. flowers. cation on who had more than qui rements met. 9/1 and 12/31. block face one location per 200 feet from parks. that exceeds block. Insu ranee is 300 feet. $100/300/300. 4. Seattle, Requi red. Handl ed through City handles Size and mobility Food Licenses expi re Application State 1 aw pro- WA Also req. adjacent property density prob- are grandfathered Beverages in March. fee: $42. hibi ts use of wri tten owner pennission. lellls on a dis- until 3/31/87. F1 O\~ers publ ic property approva 1 cret i onary Renewed indefi- $1 mill ion for commercial from f1 ow- 200 feet from public basis, and by nitely if re- comb. single PU rposes. er shop parks, school s, and adjacent prop- qui rements met. pol icy 1 imit owners for playgrounds. erty owner bodily injury fl owe I' permission. and property vendors damage; or who want F1 ower vendors $1 million bo- to locate in central dily injury withi n 200 business dis- and $250,000 feet of trict must property f10wer use pushcarts. damage. shop. Outside of CBD, can only use 5-9al. buckets. -2- e e e e e e SWEWAlK VENDING COMPARISOII STUDY - - , City Adjacent Distance Density lottery System/ Products licensing Fees/ Univer~ity Property limi tat ions limitations Grandfather Clause Sold Tenn Insurances Policy Owner Pennission I 5. [lerke1ey. 1I0t Distance and density limitations are Food vendors are on Food A food vendor can Li cense fee: Sta te law pro- CA requ ired. handled by limiting total number of a mailing list/ Beverages be licensed for a $135. Site re- hibits use of vendors pennit ted (19 food vendors l. lottery system; Cra fts maximum of 4 yrs. servation fee: publ ie property and by requirement that vendors 10- 260 names on list. $600-$1400. for commercial cate where side\~alk is at least Non-city $500 refund- pu rposes. 19-1/2 feet wide. Craft vendors have cOlllffii t tees able deposit 1-1/2- to 2-year dete nni ne for food ven- waitin!) list. aeceptabi- dors. 1 ity of products. $1 mi 11 ion 0 f Uniqueness product and is empha- pub 1 i c li abi - sized. 1ity insurance. Craft com- mittee watches vendor-make produc t. -3- SIDEI~AlK VENDING COMPARISON STUDY City Adjacent Distance Density lottery System/ Products li cens i ng Fees/ University Property limitations limitations Grandfather Clause Sold Tenn Insu ranees Policy Owner Pennission 6. San Fran- Ilot The larger distance A publ ic hear- tlo infonnation Food licenses expi re 4 license State law pro- cisco, CA requ ired. of 600 feet or two ing is required available. Beverages in January. cl asses, hibits use of blocks from a fixed for any new Manufac - ranging from public property business or pushcart pushcart tu red Renewed i nde fi - $213-$472. for commercial peddler selling same application goods nitely if re- pu rposes. food, product. or or proposed qui rements met. No infonna- service. change to an Street tion avail- existing lic- arti sts able on ense. Notice and musi- insurance of heari ng cians are requi re- must be sent regulated ments. to all persons by SF Art requesting it. Commission. Cost of hear- ing is borne by applicant. -4- e e e -' ....- City 7. Minne- apolis, r~N e Adjacent Property Owner Pennission ReQui red. e SlUlWAlK VENDING COMPARISOII STUIlY Distance limi tations Dens i ty li mita ti ons City Engineer has charted specific places on maps where vendors can locate. locations are chosen to min- imize congestion and away from fixed businesses that sell food. locations are assigned. City has placed asphalt markers on sidel~alks to mark exact spot where vendor can locate. Vendors can locate only in CBD. lottery Sys tem/ Grandfather Clause 110 grandfather clause. -5- Products Sold Food items only from a cart; no f1 o~le rs . State sta- tutes per- mit unlim- ited num- ber of persons to sell fresh- cut f1 ow- ers. Each person is limited to 1 bucket. A new ordi- nance ui11 soon change this due to vendors selling f1 owe rs to motorists at f ree\'1ay entrances and exits. li cens i ng Tenn licenses expi re in April. Renewed indefi- nitely if re- qui rements met. Fees/ Insurances Food Vendors: $500. F1 QueI' ven- dors not reQ. to be licen- censed. This wi 11 be changing when new ordi nance adopted. I t's been a problem because of danger of selling flml- ers to motor- is ts at free- way access and on median strips. Insu ranee is $100/300/10. e Uni ver.s i ty Policy State law pro- hibi ts vendors from locating on university property. U. of 1.11I board of regen ts ha s turned down all requests to ~Ia he thi s law, and will continue to do so. SIDEWALK VENDING COMPARISON STUDY City Adjacent Distance Dens i ty Lottery System/ Products Licensing Fees/ University Prope rty Limitations Limitations Grandfather Clause Sold Tenn Insu rances Policy O\mer Pennission - 8. Boul der, Not Pushcarts are only permitted in Pearl No grandfather State law pro- CO requ ired. Street Mall, ~Ihere mall is closed to cl ause. hibi ts use of vehicular traffic. 8 pushcarts are publ ic propert} allowed; regulated by Parks and Rec- for commercial reation Dept. pu rposes. - 9. San Requi red 8 feet of sidewalk must be maintained 1J0 infonnation Food Annual renewal. Lic. fee; $500. Sta te 1 aw pro- Diego, from: for pedestrian use. avail abl e. Flowe rs Application fee hibits use of CA property is assessed publ ic property owner and All business licensees and property on basis of for commercial and pro- owners of record I'll ttli n 300 feet of how long it purposes. prietor proposed vendor location must be no- takes to pro- of busi- fied prior to City approval of an cess and in- ness. application. spect. See next column. $500,000 pub- lic liability i nsu rance. -6- e e e e e e SIIlEWALK VENDING COMPARISOtI SrUDY City Adjacent Distance Dens i ty Lottery System/ Products Licensi ng Fees/ University Property Limitations limitations Grandfather Clause Sold Tenn Insu rances Polity Owner Pennission - 10. Boston, Requi red Mobile vendors can only stay 5 minutes No infonnation Food Annual rene\~a 1 . Fee: $25/$100. Sta te 1 aw pro- MA for pri- in one location. ava 11 abl e. Asso rted hibits use of vate produc ts Renewed indefi- No 11 abil ity pub 1 i c property property. Stationary vendors in ROW--PW deter- nfte1y if re- insurance re- for commercial mines location; vendors not pennit- qui rements met. qui red. purposes. ted on sidewalks next to businesses selling same type of product. Private property vendors--must have pennission from property owner. Pro- perty must be cOlranercia11y zoned. 11. Phoenix, tlot Vendors cannot locate within 50 feet 110 i nfonnation Food Annual rene\~a 1 . Fee: $35. State law pro- AZ requ ired. of any building if the owner or les- available. hibits use of see objects, or within 150 feet of Renewed indefi- No insurance publ ic propertj any building sell ing same product. nite1y if re- infonnation for commerci a 1 This applies to same side of street qui rements met. available. pUt'poses. only. -7- SIDEWALK VENDING COMPARISON STUDY City Adjacent Distance Dens i ty Lottery Sys tem/ Produc ts Licensing Feesl Uni versi ty Property Limitations Li mita t ions Grandfather Clause Sold Tenn Insurances Po 1 icy Owner Penni ssi on - - 12. Detroi t, Not Vendors cannot locate Only sta ti on- 110 infonnation Food Annual rene\~a 1 . Lie. fee: $75. State 1 aw pro- IH requ ired. within 100 feet of ary vendors availabl e. Balloons hi bits use of business selling are penni tted Confec- Renewed i ndefi - Insurance for public propert same p roduc t. in CBD and tions nitely if re- food vendors ': fo," commercial CuI tural Ctr. Fl mlers qui rements met. $100,000/ purposes. Di rector of 300,00011,000. Consumer Af- Other vendors: fairs has $50,000/ discretion 100,00/1,000. over number of vendors per- mitted. I 13. San tlot No distance limita- Ci ty deter- 110 grandfather Food Annual rene\~a 1 . Lie. fee: $120. State law pro- Antoni o. requi red. tions from busines- mines maximum clause. Novelties hibits use of TX ses. City handl es number of ca rt~ Renewed indefi- Risk Manage- publ ic propert each application on in various ni tely if re- ment works for commercial a di screti ona ry regions of the quirements met. with each pu rposes. basis. city. City vendor on an pu rchases i ndivi dua 1 - carts that basi s for meet specifi- insurance cations and requi rements. then leases them to ven- dors on lot- tery basi s. NL:vr/0371D -8- - e ------ . ------------'.....--- e e e ,.) , . M E M 0 RAN 0 U M May 16, 1985 TO: Eugene City Council FROM: Planning and Parks and Recreation Departments SUBJECT: CULTURE/LEISURE PLAN On May 13, the City Council held a public hearing on the Culture/Leisure Plan. At the conclusion of that hearing, the Council asked that staff schedule a work session to allow for further discussion. Following up on that request, staff has scheduled this as a work session item for Wednes- day, May 22. During Council review of the plan at the May 8 Council work session, concern regarding the plan revolved around: 1) financial implications of the plan for the City and 2) the nature of the proposed public/private partnership. Staff will be contacting you Monday to identify additional concerns and determine what further information you may need in preparation for this upcoming work session. Written testimony sent to the Planning Commission is under separate cover for your review.