08/10/1970 Meeting - Laserfiche WebLink

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~ - 1 2, 8/ e 8/10/70 I - , ! ; I j e I I Councilman Mohr suggested that the City Attorney file a demurrer based upon the impropriety of the suit against the City. Mr. Mohr moved that the wording of the motion be amended to direct the City Attorney to file a demurrer on behalf of the City that the plaintiffs have no action against these defendants. Mr. Williams argued that this would not be a position of neutrality, but would be arguing that the cross was improperly placed and that the Council believed the Charter Amendment to be invalid. I Dr. Purdy reminded the Council that a former Council had established Skinner's Butte Park in 1934 as I a memorial park, and in 193~ the legislature had passed a statute allowing memorials; on May 26, 1970, the citizens of Eugene passed a Charter Amendment to allow this cross to be designated' as a war memorial. He felt that the Council had a mandate from toe people. ;His interpretation of the Supreme Court ruling was not that the cross was unconstitutional, but tpe action of the City of Eugene in granting a retroactive permit was unconstitutional. - Mayor Anderson felt the motion was correct and that moving into any legal action whatsoever would e remove neutrality and' would leave the parties the same witho~t the City being affected. After further discussion of the Council position, Mr. Mohr requested a determination on another matter on the agenda - that of the Maxon suit aginst the city of Eugene. He felt these were parallel matters. The City Attorney stated that unless instructed otherwise, he would support the majority of voters in the city of Eugene that the vote to postpone the nuclear power program for four years was a proper matter for an initiative. This was analogous to the cross case. I Mayor Anderson assumed neutrality meant allowing the complaint to go by default. I Councilman Mohr said that as representative of the voters he could not be a party to anything that would allow this to go by ,default in ,court. This would establish a dangerous precedent. , Dr. Purdy moved seconded by Mr. Williams to amend the motion to support the people in their electoral mandate that the cross is a war memorial. In answer to the City Manager, the City Attorney said this was contrary to the original motion. Mayor Anderson ruled this motion out of order. T ~ ..~ :'-j I Dr. Purdy moved seconded by Mr. Williams to table the original motion. Mrs. Hayward was opposed. Motion carried. I Dr. Purdy moved seconded by Mr. Williams to support the people in the electoral mandate that the cross is a war memoriai. In answer to Councilman Mohr, the City Attorney said if the Council voted to support the electoral mandate of the people, his staff would employ every legal strategy to obtain a court decision that the Charter Amendment'is valid and does not violate any constitutional prohibition and that the cross on the Butte as a war memorial is a valid designation of that structure for purposes set forth in the Charter " Amendment. The City will, in effect, be joining the plaintiff's position in the case. I A vote was taken on the Motion. Mr. Mohr and Mrs. Hayward opposed the motion. Motion carried. ITemsrfor CouDell Consideration not Previously Discussed: I -Y.- .t;ugene -Posi tlon - re:-""-'Uniform Statewide Building Code, League of Oregon Cities Request The City Manager read a letter from the League of Oregon Cities requesting the City to advise them regarding its position concerning the desirability of a statewide uniform building code. A memo was distributed from the Building Superintendent supporting the League position. The City Council could still decide whether inspection should be local or by-the state agency. The legis- It lative interim committee will meet to make this decision. I Mr. Teague moved seconded by Dr. Purdy to endorse the position of the League of Oregon Cities ! in its efforts to establish state-wide building codes. "- In answer to Councilman Teague, the City Manager said that the action of the League would pro- II hibit the City from having local amendments except when local jurisdiction can show that condi- tions warrant a departure. Councilwoman Beal was concerned that lobbying and pressure could tend to make codes more rigid, \ and thus increase the cost of housing. The City Manager said that the League intends to support I the National Electrical Code, which is generally less stringent than state amendments, but at no time would the City be committed to something more restrictive than the national codes. If the City did not agree with the state code, it could lobby against it. Vote taken on motion. Motion carried. I 2. Petition for Sanitary Sewer, Strayer Subdivision (100% Petition) I The staff has recommended that the City proceed with this project. \ Mr. Teague moved seconded by Dr. Purdy to concur in the recommendation of the administration to I construct a sanitary sewer in the Strayer Subdivision. ,Motion carried. \ 3. National Municipal League Meeting, August 23-26, 1970 e Reservations must be sent for the Councilmen wishing to attend the National Conference on ,I II 8/10/70 - 7 :1 ~