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HomeMy WebLinkAbout02/12/1992 Meeting . e - M I NUT E S Eugene City Council McNutt Room--Eugene City Hall February 12, 1992 11 :30 a.m. COUNCILORS PRESENT: Shawn Boles, Bobby Green, Ruth Bascom, Debra Ehrman, Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan. The adjourned meeting of February 10, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. ITEMS FROM THE CITY COUNCIL, MAYOR, AND CITY MANAGER A. Campaign for Mayor Ms. Bascom said she issued another "campaign plank" statement in the old Sears building on February 11 supporting that location for the new library. B. Tattoo Business Mr. Robinette cited a letter from a citizen regarding a tattoo business, which is unregulated. He asked that the matter be referred to the Intergov- ernmental Relations Committee to take the issue to the State Legislature, if possible. C. Downtown Commission Mr. Nicholson said he and Mr. Rutan continue to attend Downtown Commission meetings, and the group will likely present proposals with wide community acceptance. D. Certified Letter Mr. Green noted he received a certified letter from a citizen in the Fairmount neighborhood, and flagged it for follow-up by staff. E. Highway 99 Revitalization District Mr. Green said he and Mr. Boles have been appointed to the Highway 99 Revi- talization District Task Force, and meetings thus far have been organization- al. MINUTES--Eugene City Council Lunch Work Session February 12, 1992 Page 1 e F. Building Sustainable Communities Environmental Guide to Local Governments Mr. Boles distributed the cover letter for the "Building Sustainable Communi- ties: Guide to Local Governments," saying the booklets themselves are in the council office. He noted that the subject matter was timely in light of the Eugene Decisions process. G. Metropolitan Partnership Mr. Boles said Mr. Rutan has been reappointed to the Eugene-Springfield Met- ropolitan Partnership. The council concurred. e H. McNutt Room Setup Mr. Boles said he favored a smaller arrangement of the tables in the McNutt Room to bring councilors closer together. 1. Urban Forest Management Plan Mr. Boles said that the Urban Forest Management Plan is coming before the Council Committee on Infrastructure next week, and he asked that copies of the memorandum created in conjunction with that issue be distributed to the council as well. He encouraged councilors to review the material and give input by February 19. A public hearing will be held following its presenta- tion to the Council Committee on Infrastructure. J. Soft Tech Construction Letter Mr. Boles said that developers working in the River Road area are required to annex, as part of the City's sewer policy. Currently, those are two indepen- dent processes that can delay a developer up to 45 days. Soft Tech Design and Construction has suggested that annexation start at the same time as the quick-start permit, with the understanding that the risk is borne by the developer should annexation not occur. He asked for the council's concur- rence to refer to staff for a recommendation. K. Expansion of Building Construction Advisory Committee Mr. Boles said that the Building Construction Advisory Committee (BCAC) had been expanded on an ad hoc basis to examine Development Services Financing. Expressing concern that the council be clear of its charge to the committee, he suggested the committee present its charge to the council for review. L. Chlorofluorocarbon Issue Mr. MacDonald drew attention to The Register Guard's February 4 headline warning of a 30-40 percent depletion of the northern ozone layer by this spring, according to a NASA study. He noted his involvement in the issue, and said he received information on the law that relates to this in the Clean e MINUTES--Eugene City Council Lunch Work Session February 12, 1992 Page 2 e e e Air Act, requiring the recycling or safe disposal of refrigerants in refrig- eration systems and other sources by July 1. He said County Commissioner Rust has proposed that the Lane County Board of Commissioners approve a plan originally proposed by St. Vincent de Paul Society asking the Environmental Protection Agency to provide $25,000 to fund one position to recover chlorofluorocarbons (CFCs). The proposal calls for an assessment of $2 for each appliance that is dropped off at waste sites to help fund the position. Mr. MacDonald asked the council to send a letter or pass a motion supporting Commissioner Rust's proposal. The council chose to consider the issue before taking any action. M. Tardiness Mr. Rutan expressed concern about tardiness at council meetings, saying it did not accurately portray the council's attitude toward its work. N. Presidents Day Ms. Ehrman ascertained that February 17 was not a holiday for City staff. A joint work session with the Downtown Commission would be held as scheduled. o. Lane Regional Air Pollution Authority Ms. Ehrman reported on the Lane Regional Air Pollution Authority's (LRAPA) presentation of rules regarding asbestos and presentations for contractors. She said the City of Springfield routinely notifies LRAPA about construction projects to avert problems, and requested that Eugene consider a similar liaison. P. Lane Transit District Task Force Ms. Ehrman said the task force is still focusing on the Pasta Plus and Inter- national House of Pancakes sites as possible locations for the new Lane Tran- sit District's (LTD) transit station downtown. She said the parking issue has generated interest in additional sites and reconsideration of the elec- tions lot. Ms. Boles suggested that the task force communicate with Jim West, Public Works, who staffs the Central Area Transportation Study Committee, for recom- mendations with respect to parking and the intercity shuttle. Q. First Interstate's Economic Forecast Ms. Ehrman said she attended First Interstate's Economic Forecast earlier today and found it informative. She noted that the County's growth rate is reported to be 2.5 percent, while the City of Eugene's is 4.0 percent. The reason most given for moving to Eugene is quality of life. MINUTES--Eugene City Council Lunch Work Session February 12, 1992 Page 3 e R. Tree Commission Work Plan Mayor Miller said he feels that the Tree Commission's work is completed with the Tree Ordinance and asked council to consider eliminating the commission. Several councilors felt that the discussion was premature. The council de- cided to defer discussion of the Tree Commission's work plan and discussion of the role of all boards and commissions until after the Eugene Decisions process and approval of the Urban Forest Management Plan. II. WORK SESSION: SIDEWALK VENDING ORDINANCE REVISIONS Greta Utecht, Customer Permit Services Manager, presented staff's proposal revising the regulations contained in Eugene Code Chapter 3 pertaining to sidewalk vending, street vending, and commercial solicitation. Ms. Utecht said the proposed revisions address the following concerns: item specifici- ty, type of activity allowed, and public health and safety issues. She de- lineated the differences between the current and proposed ordinances. e The following are highlights of the proposed ordinance: - occupied unit vending and peddling allowed; - provision for suspension of license if required health or safety certifications have lapsed or been canceled; - no restrictions on types of items sold provided they are not other- wise prohibited by local, State or Federal law; - eliminates time-specific requirements for occupying vending loca- tions, but maintains the 15 consecutive-day provision; - allows from one to six licenses per operating area; - allows for area prohibitions; - rules address size and safety issues of unit; and - removes provisions regulating businesses not related to public health and safety issues. Alluding to the written testimony from the University Small Business Associa- tion, Ms. Utecht indicated that staff agrees with the association on most of the issues. Mr. Rutan disagreed with the square-foot analysis proposed for determining licensing fees, saying a standard retailer could not rent 12 square feet and do business. Mr. Nicholson said that strolling vendors or peddlers have the ability to exploit the attractive potential of fixed businesses. He felt that the City could mitigate this problem by requiring standards such as those imposed by The Saturday Market. City Manager Mike Gleason favored less obtrusive municipal regulation, saying imposing standards would be costly. e MINUTES--Eugene City Council Lunch Work Session February 12, 1992 Page 4 e 4It e Several councilors questioned the City's involvement in regulation beyond preserving public health and safety and maintaining the public right-of-way. Responding to questions from Ms. Ehrman, Ms. Utecht said that the proposed fee schedule would be developed and established by administrative order after receiving guidance from the council. Mr. Green described the real issue as being how to address peddlers in the ordinance. Both Ms. Bascom and Mr. Robinette agreed that peddlers should be dealt with in the revised ordinance, and Mr. Robinette indicated that the proposed ordinance should regulate panhandlers as well. Responding to Mr. Robinettets concern, City Attorney Bill Gary said that panhandling can be regulated as commercial activity in the same way that the City regulates sidewalk vending. It does, however, raise first amendment issues and those drafting such an ordinance should be sensitive to those issues. Mr. Gary added that the council has broad powers with respect to health, safety, and public welfaret but regulating for the purpose of pro- tecting businesses from competition is prohibited under antitrust legisla- tion. He said the current ordinance has been successfully defended from a constitutional attack at the Circuit Court level because it is based on le- gitimate public welfare concerns raised by the council at the time it dis- cussed the ordinance. Howevert the City is currently arguing the question before the State Court of Appeals as to whether a municipality is authorized to limit the type of merchandise that can be sold. A decision is pending. Responding to Mr. Boles, Ms. Utecht said current licensed vendors could be given preference under administrative rules for the ordinance. Mr. Rutan expressed strong opposition to increasing the number of licenses per operating area. He felt peddling should be addressed and that restric- tions on items sold should consider the sale of similar items by surrounding businesses. Responding to a question from Mayor Gleason, Mr. Gary said nothing discussed or proposed today is beyond the City Council's power. Mr. Gleason said that assuming Mr. Gary is correct and clarity from the court is received and the ordinance is upheld, one simple solution is to allow staff to modify the section that deals with public health and safety issues and leave the ordinance as is. Mr. Nicholson said he could not support a policy that was not consistent with the recent Commercial Lands Study. Mr. Boles moved, seconded by Ms. Ehrman, that the street vend- ing ordinance address peddling. The motion passed; 6:1, Mr. Rutan opposed (Mr. Green briefly left the room and was absent for the vote). MINUTES--Eugene City Council lunch Work Session February 12, 1992 Page 5 - e e Ms. Bascom moved, seconded by Mr. Boles, that no restrictions on items to be sold be imposed. The motion passed; 5:3, Mr. Green, Mr. Rutan, and Mr. Nicholson opposed. Ms. Ehrman clarified that the only restrictions on items to be sold would deal with public health and safety issues. Mr. Nicholson moved, seconded by Mr. Boles, that the council get out of "wonderland." The motion was not called. Mr. Nicholson moved, seconded by Mr. Boles, that the distance requirements between vendors and businesses selling similar items be removed. The motion failed; 4:5, Ms. Bascom, Ms. Ehrman, Mr. Rutan, Mr. Green, and Mr. Miller opposed. Staff was directed to wait until the Court of Appeals makes its decision before taking action on the proposed revisions or scheduling a public hear- ing. III. APPROVAL OF INTERGOVERNMENTAL RELATIONS COMMITTEE MINUTES AND ADOPTION OF FEDERAL PRIORITIES Linda Lynch, Intergovernmental Relations (IGR) Division, said that in approv- ing the IGR committee's minutes of January 14, 1992, council also ratifies actions taken by the IGR committee on that date, including approval of the list of Federal priorities. She said that almost every agency involved in this year's lobbying effort has items in addition to these that they will be working on. Responding to questions from council, Ms. Lynch explained that the Ferry Street Bridge was not included under transportation because funding has al- ready been secured. Mr. Boles wondered if funding could be expended on be- half of other transportation projects should the council adopt a no- or low- build alternative for the bridge. Ms. Lynch said that funding was for build- ing the bridge only. Mr. MacDonald expressed his strong support for stream and habitat restora- tion. In response to a question from Ms. Bascom, Ms. Lynch said Mr. Robinette is leading the discussion on housing. Ms. Bascom said she will relay any perti- nent information that arises at the Housing Policy Board's meeting on Febru- ary 20. Mr. Boles moved, seconded by Mr. Green, to approve the Inter- governmental Relations Committee minutes of January 14, 1992, and to adopt proposed 1992 Federal priorities. The motion passed unanimously, 8:0. MINUTES--Eugene City Council Lunch Work Session February 12, 1992 Page 6 ~ VI. COUNCIL WORK PLAN Citing time constraints, the council postponed this item to a future meeting. The meeting recessed at 1:30 and reconvened at 1:35 p.m. e e V. WORK SESSION: EUGENE DECISIONS Barb Bellamy of the Eugene Decisions Office distributed copies of a document entitled "Strategy Analysis--Key Dates" to the council. She said that the council needed to agree on components of the strategies and which components must be analyzed. The council agreed to extend its Monday meeting to com- plete those tasks. Mr. Boles proposed that the council move the strategy to reduce energy expen- ditures/energy audit rebate to the category entitled "Cross-Organizational." The council agreed to Mr. Boles' suggestion. Responding to a question from Mr. Boles regarding the support of persistent voters for various revenue sources, Ms. Bellamy distributed a memorandum to the council entitled "Additional Data Results" and referred him to the graph on page 3. Ms. Bellamy noted that the graduate student team working with Ed Weeks and Bill Simonsen reported that there was no significant difference in the responses of persistent and nonpersistent voters in terms of revenue support. Mr. McDonald apologized for leaving the meeting early and encouraged the council to coordinate its discussions about revenues with other local juris- dictions. Mr. McDonald left the meeting at 1:40 p.m. With Tony Mounts of the Eugene Decisions Office acting as facilitator, the council reviewed the list of suggested revenue sources and indicated its support for further analysis of each source. The council agreed to further analysis of a business net income tax, an two percent countywide increase in the Transient Room Tax, a restaurant tax, a local retail sales tax, a person- al income tax to be levied on the area within the urban growth boundary, a gas tax, and property collection to the full margin available. The council agreed it was not interested in further analysis of a corporate income tax, an entertainment tax, a work privilege tax for nonresidents, a carbon tax, and a tax on peripheral parking. Responding to a question from Mr. Miller, Mr. Mounts said that staff would provide the council with more information regarding the time and effort need- ed for each analysis at its Monday meeting. Council Committee on Eugene Decisions members scheduled a meeting to prepare for the council's meeting of February 17 on February 14, 1992, at 1:30 p.m. MINUTES--Eugene City Council Lunch Work Session February 12, 1992 Page 7 ~ The council meeting adjourned at 2:15 p.m. Respectfully submitted, ~~. City Manager e e (Recorded by Yolanda Paule/Kimberly Young) MNCC 021292 MINUTES--Eugene City Council Lunch Work Session February 12, 1992 Page 8