05/14/1973 Meeting - Laserfiche WebLink

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N. 5.B.846 - Would hold cities responsible for building defects where plans did not bear architect's stamp. 5ubcomndttee authorized Mr. Mortier's testifying in opposition to the bill. Carom 5/2/73 Approve ~anager explained that the bill would add to the State tort law that the City has responsi- bili ty for any building in which defects show up as a res"Ul t of Code violation unless the building is designed by a licensed architect or engineer. Opposition to the legislation is ~ecommended because it would place an impossible liability upon the City in the con- struction of a building - responsibility for damages to property owners. ".- Councilman McDonald expressed his opposition to the legislation. However, he felt there should be no question about the infallibility of City inspections. For that reason many people feel the City does have a certain responsibility for any defects inconstruct~on. Councilman Williams felt the proposed legislation woUld result in too much liability. further he felt the bill as written would provide an opportunity for the City to say it has no responsibility when plans are approved .by an architect or engineer, and if that is the case then all buildings in the City shoUld be ~ appr<Dved by an architect or engineer. ,". - 0.S.B.836, 837, 702,373 - Would remove municipal jurisdiction for mobile home parks regulation. Subcommittee authorized testimony in opposition to any I effort to remove control over mobile home parks from the cities' jurisdiction. COIlIll1 5/2/73 Approve p.Traffic Legislation - Subcommittee authorized testimony as proposed by the Traffic Safety Commission on a list of bills presented having to do wi th ,traffic matters. COmIn 5/2/73 Approve . Q.H.B.2263 - Would make, collective bargaining mandatory for public agencies. Councilwoman Beal said the bill was not available at the time of subcomnattee meeting so no position was taken. However, Manager was authorized to testify as to his point of view. That testimony was not to be interpreted as the Council's position. Manager elaborated on the concerns with provisions of the bill with regard to (1) local option; (2) supervisory-manager exclusions; and (3) the final method of impasse resolution. He said a letter expressing his personal beliefs had been sent to members of the Lane delegation. : Councilman Wood asked clarification of Manager's position on the "local option" ! provision. Manager explained that his posi tion, and that of the League of 'Oregon Cities, is that cities should have the authority to establish their own procedures ei ther by ordinance or by Charter, assuming that procedure gives equivalent protection as proposeq in State law. COIlIll1 5/2/73 Approve . '_. .., . . ,_ _:~ ":;':,V-.~ ",.... R.purchase, Mathers Property - Manager said that it is hoped to clarify the Council's legal position on the purchase of the Mathers property with regard to the Freeway Charter amendment prior to the May 14 Council meeting. It is de- ,~ Comm : sired to resolve the issue at that meeting because of the length of time already,5Y9t73 . taken to complete the transaction. A price has been agreed upon if the City pro-~ ~ ceeds to purchase. Manager said a price has been agreedur->ou'withtheMathers for' acquisition of their property which lies, within the proposed alignment of West" Amazon Parkway should it be constructed. Ymltiple-family housing development is proposed for the property and purchase was recom- mended to forego having to pay also for cost of improvement at a later date. It was recog- nized that should the arterial not be constructed, the property could be used for park pur- poses or sold. Question was raised whether the purchase woUld be in conflict with the Charter amendment requiring voter approval of any limited access facility. Council members also wanted to be sure no personal liability would be involved in the event of a challenge to this or any other similar action. Opinions from the City Attorney were developed ,and distributed to Council members with agenda for this meeting. Manager noted that Councilman Williams had reviewed the: personal liability aspect with his own attorney who gave the opinion there is no conflict between the purchase and the Charter amendment. Staff would like to proceed with the purchase at the agreed-upon price. - CouncilwoJDan Campbell asked that her "yes" vote in previous action on this acquisition be changed to' "no ~ fT1: Manager explained that previous action was to authorize negotiation of a purchase price; action requested at this time is to authorize purchase. Mrs. Beal moved seconded by Mr. Williams to authorize purchase of the Mathers property. In making the motion, Mrs. Beal asked that the record show she would vote "no." Councilman McDonald said he would abstain, that he did not want to gamble on being sued. . Councilman Hershner said he would prefer studying the City Attorney's opinions before' voting. Manager suggested vote on authorizing purchase subject to a majority of,the Council's indi- cating either at the May 16 committee meeting, or as soon as possible, satisfaction with the legal opinions regarding both the 'Charter amendment and personal liability, this to permit giving Mathers a reply before the next formal Council meeting, May 29. l4f) 5/14/73 - 8