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HomeMy WebLinkAbout06/01/1970 Meeting e ., 188 I e I -I e I e '[ Council Chambers Eugene, Oregon June 1, 1970 I . ,. .1 Oregon was called to ,order ,by .President, 1970, in the CouncilChamber, with the Purdy, Mohr and Williams. Mayor Adjour:ned meeting of .the Common Council of the city of Eugene, McDonald ~ in the absence. of the Mayor, at 7: 30 p.m. cDn June 1, following ,Councilmen present: Mrs. Hayward; Messrs. McDonald, Anderson, Mr. .Gr:ibskov and Mrs. Beal were absent. Electrical Code, Proposed Revision - T?e city of Eugene is operating under the 1965 National Elec- trical Code with State and City amendments. This code is the standard of the National Fire Protec- tion Association for electric wiring and apparat~s and is approved by the U. S. Standards Institute published by the National Fire Protection Association. Differing, updating proposals have been sub- mitted by the Eugene Electrical Board and'its Code Committee and by the Eugene City Staff. Their difference is in philosophy regarding the purpose of the Code. The Electrical Board believes the National Electrical Code does not meet the safety neeqs of our City, that capacity for.expanded use should be built into each installation, and t~at local amendments are proper. Thestaff.be- lieves that the National Electrical Code provides adequate safety protection, that it is improper to require additional expansion capaci~y,and ~ha~ public interes~ ia served by avoiding ,local amendments.' In preparing its proposal, the Electrical Board studied electrical codes of a number of cities and states. Four goals were uppermQ~tin ~onsideration, .these being si~plicity; consume~ protection, safety and cost. The staff proposal, supported by the Director of PW, Building Superintendent, City Fire Marshall and City Manager recommends the NEC 1968 edition be adopted without substantive local amendments. Amendments suggested are concerned wi~h fees, relationship of Electrical Board to staff, Board tenure and effective date. Both proposals are subject to state laws and administrative regulations, about.which the City has no ,choice. II 'I I , In a series of meetings between the Electrical Board Code Committee and staff, the bas'ic disagree- ments .,couLd Qot be resolved.. The ,City Council appointed a subcommittee with Mr. .Teague as ehairman which held meetings with.staff and the Electrical Board Committee. The Subcommittee,could not come to a decision-regarding the two proposals, and requested a public hearing before the Council. An additional problem has arisen concerning examining journeymen and supervisors for Eugene licenses. As the _result .of a .City Attorney ruling, the city must issue licenses to those applying who hold a State license. 'The elec~rical bOard feels this is not a qesirable Practice. II I I I , , Mr. James Mitchem, member of the Electrical Board, said the City has .had an electrical code since 1931, and that it is nece&sary to do so to maintain a margin of safety. He.said the amendments proposed would not unreasonably increase cost of construction for low-cost hou~ing. Mr. Mitchem said that the Board, appointed by the Mayo~.was advisory to the Council, and that one of its functions,was to update the code. He said the NEC was not instituted as a design manual, but as a basis for cities to build codes to fit their needs. He said continued use of electricity might require higher standards than those required in the past. Mr; Carroll "Colvin gave a commentary on a ~t1qJ. shown qy th~ ELectrical Board to demonstrat.e the dif- ferences . between non';metalHc sneathed cable arid a conduit system. The movie demonstrated the fi,re hazard po.ssi.ble from non-metallic sheathed cable. I I II II Ii I I I I \i I I I I I II II I, 1\ J j I I I ! , Ii I' 11 Mr. Tom Crosby of the Building Trades Council said they were in support of "a good, adequate code "in Eugene. Mr. Bill Young, City Inspector, said he had mixed feelings about "the two proposals. He said the National Co.de was a bare minimum under ordinary circumstances. II I I Mr. Dave Campbell, local chairman "of the National Electrical CContractors, said that contractors in his association are very much b,e~ind the code now in effect" ancj. fel,t. this code grew with .the city. .. . ., . , Mr. Emerson Hamilton, Chairman of the Cascade Division of National Electrical :~eontractors, said he was convinced the,Building Depar~ment was sincere in its efforts to up-date the code, but he said that the cOntractors~ alsos were sincere.in their efforts, and that they,were not satisfied with a reasonable level of safety, but wanted a positive level of safety. He suggested some aesthetic features could be left out of low:cost housing, in favor.of safer wiring. Mr. Dave Hoffman, of McPheeters Electric, said that he could see that uniformity in codes would be desirable, but, he expbained ~ha~ each city had cj.ifferent ,uses of electricity, and the averages in one. city are n'ot ,the same as those :Cn another. . . II 1\ I I I I - ' The City Manager said bQth the committee and the city staff ~fe1t,that the 1968 edition of the NEC should be used, and tnat there was disagreement whether or not to amend beyond the State require- ments, which cities must ~ollow. The staff has proposecj. an increase in the fee schedule from 10% to 15% per unit with the bas.e charge remaining t.he same. . "This would establish a double permit fee for work done prior to obtaining a permit. ' The Staff has also proposed that the Electricai Inspec- tor be created as an ex-officio member and as secretary of the Electrical Board. 6/1/70 - 1 i! I II II II .... ,... lB9 e 6/1/70 The staff believes that a uniform code is desirable throughout the nation. The Community Goals and policies of the City state that we should adopt and support only construction standards and codes which are officially recognized minimums for fire, durability and safety, and should discourage local amendments which would increase the cost of construction on r~sidential housing. The workable pro- gram is violated when requirements are more restrictive than national standards. The basic disagree- ment between the two proposals is in the provision of expansion capacity in electrical installations and the requirement that capacity be built into installations which the buyer may not need or want. I Mrs. Betty Niven, Chairman of the Joint Housing Committee, reminded those present that costs are con~' stantly increasing in housing, and that the average apartment unit has almost doubled in permit value. She said the Council had adopted a statement with respect to codes, and that this meant not just electrical codes, but all codes. She felt, that conventional housing should be competi~ive with mobile homes. She suggested that the code should 'be writt'en' to do what' was necessary for safety, but no more. Mr. John Breeden, Director of the Home "Builders Association~ sai'd that 'his as'sociation was very much in favor of the staff proposal, and tl:1at the lo<::al .codes are a problem as, fat;, as cOlilt :is concern~d, and that the minimum 'Nationai Electric' Code is a' safe code and not a minimum code. t ". .".. J . . e I The City Manager commented that the League of Oregon Cities had adopted' a resolution which asked that the State give 'consideration to the 'establishment of uniform codes throughout the state because competition from mobile homes and between cities and the areas outside them makes this a matter of more than city concern. Fire Marshall Wendell Wick said that there was not much difference 'between the number of electrical fires caused from faulty wiring outside the city or in the city. He felt that conduit wiring might be desirable in commercial buildings. . , Mr. Carrol Colvin said that the't'ee schedule proposed "by the city was identical to that propos'ed by the committee. They have i~c1uded in their' code the 'provision for "t1he city inspector to' act as an ex officio member of the Board. Mr. Mitchem said the national code is made up of,city ~rdin~nces, and that these have been proven by cities to be good. Marion Wiley said that he did 'not agree that the c~st of wu~ng was goili1g higher, and ScUd surveys show that 'the inflation of building lots and material has increased the cost of housing. ,Mr. Hamilton asked about the repealing 'of license examinations for electricians. He said that the national ele~trical contractor attC?rney dicl not agree with the City, Attorney memorandum. He felt tfrere'should be 'a discussion before :the :exaniinatiQn :1s :dll,s:C'~nt'imu)'d'.:, ,:; . < =-- : ',' C,E--'" , . : 4 --...;.. _', _ -'--.- . - - _ . . : - . ~.,. ~ ......:...- -- :..----..;~. ""':"::...... .-' - ---' -----:.-.- Mr.~. Mitchem felt that th~ .1icensJng~ PJ;,2~p:apl. J~.ad been in effect - in Eugene' for a good many years, and . ,,;....,;0. ." :OJ- - - ~-- . ".that it was a good thl..ng. - '. -; "-'-, 'f _- '~'____ .......--~~ ~,' J- 1- ..;.. Mr. Tom Hedgpeth felt that safety was very important in wwting, and that the code proposed by the Electrical Board should be adopted. The City Fire Marshall commented that tne insurance rates in tne city were not affected BY the code, but the base rating was figured on the number of inspections made. - The Building Inspector commented that the code would not prohibit more elaborate w~r~ng designs, but would not force them. He said that the National Electrical Code w~~ continuallY,upgraded. Councilman Teague, Chairman of the Council subcommittee, said the Electrical Board'had been appointed for several duties,- among them to update the revised electrical,code, write the supervisory examina- tion, give advice on technical problems, etc. 'Mr. Teague outli~ed the numerous meetings held and said that the committee had not been able to reach a unanimous decision regarding the diverse codes. They, therefore, requested the Council to hold a public hearing. Mr. Teague could not see that the National Code could fit si,tuations in various. cities, and felt it would be a step backward to depend entirely on the NEe,' and' that amendments wouid insure greater safety and less expense in overall cost. Mr. Teague said that the electrical committee had worked out a compromise which had been circulated to the Council be'f~re' this' meeting. . . , Councilwoman Hayward said that she and Mr. Gribskov had agreed that what the staf~ proposed was adequate. They f~lt that increased service could be provided foi, but should not be required. Mr. Williams said this was the first time he had 'seen the proposed compromise, and that he was con- cerned about the single, main disconnect. I 6/1/70 2 e II ;1 ~i' I' ,j e "Ill 130 6/1/70 I e I .....- I e I e The City Manager clarified the staff position regarding the compromise proposal. The staff felt that the NEC Code should be adopted with state amendments and without the local amendments. If the Council decides to adopt the local amendments, the staff would prefer the proposed compromise as to the original proposal submitted by'the committee. Dr. Purdy asked whether the proposed compromise was acceptable to the electrical committee. Mr. Mitchem said they would be willing to accept these three. II II Ii II II , After further discussion about the local codes and the NEC with state amendments, Mr. Teague said that if he were to make a motion it would be to adopt the NEC plus the mandatory state additions, plus the local amendments pertaining primarily to safety. This will be worked out by staff with the local code committee. I I II -II I ,I I II II I I i I I I I Ii ,I I I I Mrs. Hayward said that one of the principle questions at issue was what was involved with safety and what was involved with expansion. Mr. Lassen said that there was a difference of op~n~on between the staff and the codes committee, and pointed out that there was also a difference of opinion in the National Electrical ~eoBtractors Association and the statement from the local National Electrical Contractors Association. The staff has not been able to remncile its differences with the codes committee and the Council will finally have to decide what is necessary for safety or for expansion. I I II II I I , Ii II I I I i II !I 'I I, 'I Ii II " I: I' II !I il it I' ,I II Ii I' II i! 'I 'I 11 II II I, il I I Mrs. Hayward said that she was not ready to make a decision at this time, and felt that the hearing should be closed, and that the Council should consider the testimony. Councilman McDonald agreed, but felt a deadline for the decision should be set. Dr. Purdy moved seconded by Mrs. Hayward to place this item on the next regular Council agenda. There was Council discussion whether they were prepared to make a decision or should wait until the next meeting.. The City Manager agreed with Mrs. Hayward that if the Council accepted the Committee proposal that they would have, to develop a set of ~~~al amen?~ents w?ich th~y felt would ~e desirable. - -':" .... . .:. - ~ ~... .'-. In a~s~ertocMr~ McDonald; the City Manager said that the City is not automatically under the NEC, but had adopted it by reference. Question called, on motion. Motion carried. ORDINANCES Council Bill No. 9193 Authorizing the City Manager to make traffic decisions in the Mall area was submitted and read in full. I I I I I: II II ,I I Mr. Teague moved seconded by Dr. Purdy that the bill be read the second time by council bill number only, with unanimous consent of the Council. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Teague moved seconded by Dr. Purdy that the rules be suspended and the bill read the third time by council bill number only, with unanimous consent of the Council. Motion carried unanimously and the bill was read the third time by council bill number only. Mr. Teague moved seconded by Dr. Purdy that the bill be approved and given final passage. Rollcall' vote. All councilmen present voting ay.e, the bill was declared passed and numbered 16000. Council Bill No. 9194 - Designating June 25, 1970, for a special, budget election was submitted and read in full. Mr. Teague moved se~onded by Dr. Purdy that the bill be read the second time by council bill number only, with unanimous consent of the Council. Motion carried unanimously and the bill was read the second time by council bill number only. I i II Ii Ii " II II II 'I II II 'I II II II Mr. Teague moved seconded by Dr. Purdy that the rules be suspended and the bill read the third time by council bill number only, with unanimous consent of the Council. Motion carried unanimously and the bill was read the third time by council bill number only. Mr. Teague moved seconded by Dr. Purdy that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, the bill was declared passed and numbered 16001. RESOLUTIONS i , i I I I I ,I I, Ii Ii I I, I ResellitionNo. 1826 - Submitting measure for additional tax levy at election, June 25, 1970, was submitted and read in full. Mr. Teague moved secondEld by Dr. Purdy that the resolution be adopted. 'Mrs. Betty Niven said the city did not have much choice at this time, but that the alternative of some form of city income tax should be considered. She felt the Council should be able to reassure people that they are only asking for an increase at this time, but would be back with an alternative. Vote taken on motion as stated. Motion carried. II Ii 6/1/70 - 3 ...... 191 e 6/1/70 Resolution No. 1827 - Intervention in .asphalt litigation, wa~ .g1..1l)mi tted and~-read in full. I Mr. Teagu~ moved seconded by Dr. Purdy that the re~olution be adopted.. M II II II II II Ii The City .Manager explain~dt~a~ the.city had purchased in excess of 25,000;tons.of asphaltic mat~rial, on which they might be able to recover .triple dam~g~s becau~e of price fixing. . Staff recommends City Attorney be authorized to represent the city in this price-fixing suit, which is pending in United States Ilistrict Court.. Co~ncilman Willi~ms wa~ conce~n~d, and felt the Council should not fi~e suit"unless it felt it should defi~itely'be filed. City Attorney 'e~plained to Councilman Williams .that the suit had been- filed, and the ct~y would intervene as a party plaintiff. Vot'e- taken on moti0nas s'tat~d. -.'. ... - -' -' . Motion carried \lnanimously. Upon motion duly.ymade, seconded and carried, the meeting was adjourned. I jl - ~.. . . . / - ugh McKinley City Manager e - ... ~. - I I I I I j I I I' II II 'I I: Ii ,I Ii \I I " ,,;;1, I, I II II I 1 I I - I I I I I II II 'I II Ii II II 1 I I' '"....... I \ I ~ : e t..... 6/1/70 - 4