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HomeMy WebLinkAbout10/12/1992 Meeting e M I NUT E S Eugene City Council McNutt Room--City Hall October 12, 1992 5:30 p.m. COUNCILORS PRESENT: Shawn Boles, Ruth Bascom, Debra Ehrman, Randy MacDonald, Paul Nicholson, Kaye Robinette, Roger Rutan. COUNCILORS ABSENT: Bobby Green. The regular meeting of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. The council considered Item B first. A. Sidewalk Commerce ReQulations City Manager Mike Gleason referred to the meeting packet material on sidewalk commerce regulation and said that staff's recommendation is Option 4. e Ms. Bascom recalled a conflict about five years ago with regard to the placement of vendor pushcarts, saying the City must limit the number of vendors allowed within specific areas. She expressed support for either Option 1 or 4. Mr. Gleason said that with implementation of Option 4, staff would determine which are significant sites, set standards, and request proposals. Responding to concern expressed by Mr. MacDonald, Greta Utecht, Permit and Information Center (PIC), said that the few regulations that would remain with implementation of Option 3 would be based on safety standards within estab- lished zones. She explained that Option 3 eliminates licensing and is consistent with one of Eugene Decisions' goals, reducing business monitoring. Ms. Utecht said that Option 4 came out of the realization that the City was conducting similar regulatory activities in other programs. The option consolidates these activities as much as possible. Mr. Robinette moved, seconded by Ms. Bascom, to direct staff to develop a proposal to implement Option 4. Several councilor expressed support for Option 4. Mr. Boles asked that the proposal include council checkpoints. Ms. Utecht said staff could make a progress report on coordinating/consolidating activities under Option 4 in 60 days, with full implementation within eight months. e MINUTES--Eugene City Council October 12, 1992 Page 1 5:30 p.m. e Mr. MacDonald expressed concern with the "highest bidder" element in Option 4, saying it favored people with more money. He asked staff to explore a more equitable way of allocating space. Ms. Ehrman and Mr. Rutan arrived at the meeting. The motion was passed unanimously; 6:0, (Mr. Boles was not present for the vote). Responding to concern expressed by the council with regard to panhandling, City Attorney Glen Klein said the City Attorney's Office has previously considered the issue and believe it is possible to craft an ordinance; however, it will be expensive to craft and defend, if tested. He said that the City may end up defending it all the way to the U.S. Supreme Court. The council decided not to pursue the issue further. B. EUQene Decisions Mr. Klein pointed out a memorandum in the meeting packet from Eugene Decisions staff with regard to development of tax ordinances, a draft of the charter amendment, and a draft resolution calling a special election. He noted that the charter amendment is the same document presented to the council at its last meeting, and the ordinance was crafted to meet the consensus of the council at that meeting. Ms. Ehrman asked the council to reconsider taxing items purchased in vending e machines. She also questioned taxing operations that offer food for sale to the public less than seven days per calendar year. Mr. Robinette said that his impression is that broadening the definitions for imposing the restaurant tax is causing problems in terms of goodwill. He said he is inclined to draw back to a more traditional definition of a restaurant. He also felt the council should have consensus, including councilors-elect, before proceeding with both the restaurant and gas tax. He suggested delaying a decision until a work session can be held with the new council after the election. Mr. Nicholson expressed concern with both postponing the decision indefinitely and reaching consensus. Mr. MacDonald agreed with narrowing the definition, but said the council is committed to resolving the tax issue. He felt the council must proceed with the transfer of street tree funds to the Road Fund. Ms. Ehrman expressed disappointment at the suggestion to delay the decision, saying the issue was previously raised and the council decided to proceed. She felt strongly that she and Mr. Rutan should participate in the process through its conclusion. Mr. Boles also supported narrowing the definition. With regard to postpone- e MINUTES--Eugene City Council October 12, 1992 Page 2 5:30 p.m. e ment of the election, he said the point was moot because the earliest possible time an election can be arranged is January. He suggested the council hold a work session with the new council after the election, while at the same time honoring Ms. Ehrman's and Mr. Rutan's participation. Ms. Bascom said the council is committed to taking to the voters what they asked for in Eugene Decisions--a more traditional restaurant tax. She also supported the suggestion of including the new council and working toward consensus. Mr. Robinette said it would be prudent to get councilors-elect to go on record defending their stands and offering alternatives; something possible only after the election. Mr. Rutan supported narrowing the definition and said he is concerned that the community have a fair proposal to vote on. He said a simple proposal has a greater chance of winning voter approval. The council reviewed the list of eating or food establishments attached to the memorandum from Eugene Decisions staff. Mr. Rutan asked that an outcome of the council's consideration be a tax that is fair; that is, one that addresses the competition between grocery and convenience stores and the fast food restaurant business. Responding to a question from Mr. Robinette, Tony Mounts said that the State Industrial Code (SIC) separates establishments under categories A and B from e the rest on the list. Mr. MacDonald moved, seconded by Ms. Ehrman, to removed vending machines from the list of establishments considered for collecting a restaurant tax. The motion passed; 6:1, Mr. Nicholson opposed. Ms. Bascom moved, seconded by Mr. Robinette, to eliminate tempo- rary restaurants from the list. Temporary restaurant is defined as one that sells food seven days or less per calendar year. The motion passed unanimously, 7:0. Ms. Bascom moved to exclude Item D, Grocery Stores, from the list. The motion failed for lack of a second. Mr. Rutan moved, seconded by Mr. Robinette, to include items listed under A, B, C, and F under Item 4 on the list (deli sand- wiches, salads and hot items, salad and fruit bars, hot soups, and dispensed soft drinks). The motion passed; 6:1, Ms. Bascom opposed. Mayor Miller suggested exempting meals that are packaged in connection with traditionally-determined conventions, saying it would place establishments that host conventions in Eugene at a competitive disadvantage. The suggestion was not supported by the council. e MINUTES--Eugene City Council October 12, 1992 Page 3 5:30 p.m. e Mr. MacDonald moved, seconded by Mr. Nicholson, to include on the list caterers who deliver food for consumption within the city limits. The motion failed; 2:6, Mr. MacDonald and Mr. Nicholson voting in favor. Ms. Ehrman suggested that staff provide more information with regard to caterers to enable the council to make a decision. Mr. Mounts said staff will summarize the changes made today and bring back the issues around catering. Ms. Ehrman moved, seconded by Mr. Robinette, to delete movie theaters from the list. The motion passed; 6:1, Mr. Boles op- posed. With regard to food served in a hospital restaurant, the council clarified that food served to patients is excluded from the tax but that sold to the anyone else is subject to the tax. Responding to a question from Mr. Boles, Mr. Klein said that Section 3.530 states that "a seller may retain a percentage of the tax collected to cover the seller's cost in collecting the tax." That amount is set by rule but cannot exceed five percent. Mr. Rutan felt it made more sense to require tax reports/payments quarterly rather than monthly. Mr. Boles agreed. Mr. MacDonald suggested the decision e be left to the City Manager. Mr. Gleason will report back. With regard to the time line, Ms. Bascom said that in deference to Ms. Ehrman and Mr. Rutan she wants to reach closure on the issue but senses public resistance. Mr. Rutan said the council has the practical matter of funding $3.4 million by July 1, 1993, and the council will not have enough time if it does not continue to work these proposals. Mr. Rutan also noted that the council has developed this proposal as a team and the new council will have to deal with this issue, on an ongoing basis, as it will everything else that has been developed by a previous council. Mr. Boles reiterated his position, saying it is possible to keep the tax on a fast track with a final decision by mid-November, noting that the earliest date for an election is mid-January, allowing time for work with the new council. Responding to a question from Mr. Boles, both Ms. Ehrman and Mr. Rutan stated that they are not opposed to discussing the issue with new councilors. Ms. Ehrman encouraged continuing councilors to hold personal conferences with councilors-elect. Mr. Rutan asked that new councilors consult with staff about Eugene Decisions to get all their questions answered, and that they express in advance, perhaps to councilors they are replacing, what their e MINUTES--Eugene City Council October 12, 1992 Page 4 5:30 p.m. e concerns are. Mr. Boles appealed to voters and the media to ask the "hard questions" of council candidates, holding them to a factual base for the answer. Mr. Nicholson said he had no objection addressing concerns from new council- ors, noting that was possible while honoring the process to this point. Mayor Miller summarized the discussion, saying staff will provide information on the scope of the tax, with closure on the issue by mid-November for reference to the voters. C. Board and Commission Aooointment Process and Schedule Darcy Marentette, City Manager's Office, recalled that the council asked staff to delay the recruitment process for the City's boards and commissions. She said that the council officers have suggested moving forward with the process, with the caveat that the council is reviewing the structure but is still very much committed to citizen involvement. Ms. Marentette asked the council to approve the board and commission appointment process and schedule for vacan- cies occurring in 1993. Several councilors expressed an inclination to wait until the council has reviewed the structure and made its decision. e Mr. Boles recalled the previous discussion, saying the council knows it wants to restructure the process, but it does not want to discourage citizen involvement. Those who want to volunteer to work in their City government should be given the opportunity to do so but they should be warned that the manner in which they participate may change. He added that the council should continue to build a pool of volunteers. Mr. Boles favored a low-key recruit- ment process. Staff was directed to extend existing terms of members of boards and commis- sions for six months and hold off on the regular recruitment process effort. The meeting adjourned at 7:30 p.m. RespectfUl1~ ~ .. Michea1 Gleason City Manager (Recorded by Yolanda Paule) cc53012.102 e MINUTES--Eugene City Council October 12, 1992 Page 5 5:30 p.m.