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HomeMy WebLinkAbout06/17/1987 Meeting M I NUT E S e Eugene City Council Council Chamber--City Hall June 17, 1987 Noon COUNCILORS PRESENT: Debra Ehrman, Freeman Holmer, Ruth Bascom, Robert Bennett. Jeff Miller, Roger Rutan, Emily Schue, Cynthia Wooten. The adjourned meeting of June 10, 1987. was called to order by His Honor Mayor Brian B. Obie. Copies of a letter dated June 16, 1987, from the Eugene Area Chamber of Commerce were distributed. along with copies of a tentative future council agenda. I. ITEMS FROM COUNCIL, MAYOR, AND CITY MANAGER A. Oregon Track Club Mayor Obie introduced Dale Grace of the Oregon Track Club who reported the near conclusion of the renovation of Hayward Field at the University of Oregon. Mr. Grace said the Mayor had been a key part of the project, and in e appreciation for the responsiveness and cooperation received, the club presented the Mayor and councilors with prints of local Olympians Alberto Salazar, Mary Slaney, and Joaquim Cruz running on Hayward Field. He thanked -- the council and said the club hoped for continued support. Mayor Obie thanked Mr. Grace and suggested that one of the prints be framed and hung in the City Manager's Office. He added that track was an important 1 egacy to the communi ty and that those three people were very.special residents and a source of pride to the community. B. Wall Street Journal Feature Mr. Rutan reported that Eugene was featured on the front of the second section of today's Wall Street Journal. He suggested that copies of the article be included in council packets on Friday. He said the article was about downtown malls across the country, and he added that journal had concurred with this morning's editorial in The Register-Guard. C. Alton Baker Park Mr. Rutan noted that the City as of late May had assumed responsibilities for maintenance of Alton Baker Park. He said the park was "a mess and an eyesore," and he had spoken with staff about upgrading maintenance and watering the lawn e MINUTES--Eugene City Council June 17, 1987 Page 1 to make that entrance to the community more presentable. He said an actual agreement on the park would not be reached until about August, so no capital e investments would be made immediately. D. Committee Reports 1. CCED Mr. Rutan reported that the Counci 1 Committee on Economic Diversification recently had been reorganized. He said the Mayor, because of scheduling demands, no longer was a member of the committee. Mr. Rutan said he would chair the committee, and he reported that it was making progress toward bringing to the council as soon as possible a proposal for the next version of the community's economic development plans. 2. Hayward Field Committee Following up on Mr. Grace's comments, Mr. Rutan also said he intended to continue serving on the local, jOint intergovernmental committee working on the renovation of Hayward Field. 3. Cable TV Subcommittee Ms. Ehrman informed the Cable TV Subcommittee that the Metropolitan Policy Committee had received the subcommittee's proposal and had agreed with the recommendation to proceed with investigation and further inquiry. She added that Lane County and Springfield representatives had reached consensus on that issue, and she said information was expected to be received by July after the e initial Springfield vote but before a second vote there. Ms. Wooten a s ked Mr. Bennett whether he had received any additional information on the Cable TV Subcommittee issue. Mr. Bennett said he had received the same letter as Ms. Wooten and staff had suggested submitting any additional comments. He said he expected to meet again. He also said the subcommittee had agreed to direct staff to spend a minimal amount of time (about ten hours) on the issue of jurisdiction, and he had received no response on that. Ms. Wooten said she would contact staff. 4. Sister City Ms. Ehrman noted that a delegation from Eugene's Sister City Kakegawa, Japan, would arrive in August. She said councilors who were in town would be invited to a welcoming ceremony, a sayonara dinner, and a rafting trip. She added that dates still were uncertain, but updates would be provided. 5. Mayor's Tree and Beautification Commission Ms. Bascom announced that the report from the tree commission would be titled "Eugene's Urban Forest: A Guide to Preservation and Development.1I She also reported that the commission had reached a decision on trees for 5th Avenue. Ms. Bascom said principles in the report included avoiding trees that would create problems for EWEB lines, which existed on 5th Avenue, and not planting e MINUTES--Eugene City Council June 17, 1987 Page 2 , all one species. She said the trees planned for the two blocks on 5th Avenue were Sophora japonica, or Japanese pagoda trees, which could be seen near the e Music School or on Railroad Boulevard across from Chef Francisco. E. Legislative Reports Ms. Schue reported that she had testified before a House Revenue Committee in Salem on a proposed increase in the cigarette tax. She said the proposed three-cent increase for cities would result in slightly more than $500,000 per year, if passed. Mr. Miller asked whether information about the Governor's highway bill was available. Ms. Schue said that bill still was lIin flux.1I She said cities had decided to remain firm on the 20/30/50 split of funds, which did not please the Governor. She said that distribution had passed the House, which she attributed to the good work of Carl Hosticka. She said Senate action still was needed, and City lobbyists had been working on that. Mayor Obie reported that he had received a call from David Dix about a bill that would provide funding for several higher education buildings, including an $8 million architecture building for the University of Oregon. (An earl ier proposal for a library expansion had been eliminated.) The Mayor said the bi 11 needed support from the community, and he asked staff and Chamber of Commerce representatives to work on that. Responding to questions, Mayor Obie said the bill was a spending limitations bill that would use funds in the ending balance. City Manager Micheal Gleason said staff would provide the bill number and names of contacts in the Legislature, along with a fact sheet, and would organize support efforts. e F. Public Works Conferences Mr. Holmer reported that the new phrase for infrastructure was "destination point.1I He said two infrastructure groups would be in Eugene on July 23 and 24 to attend meetings sponsored by the American Public Works Association and the National Council on Public Works Improvement. He said topics of the meetings would include decision-making and infrastructure and special districts. G. Future Items Mayor Obi e requested a one-page briefing on entryways and plans for the future. The City Manager agreed. The Mayor also noted that the council had received from the Homebuilders' Associ at i on a three-page letter regarding solar access requirements. He requested that the item be placed on a council agenda before the ordinance was implemented. Mr. Gleason agreed. Mr. Holmer requested a written report on potential problems and public safety issues that might arise if Eugene allowed off-track betting. Mr. Gleason agreed. e MINUTES--Eugene City Council June 17, 1987 Page 3 H. Grateful Dead/Bob Dylan Concert e City Manager Mike Gleason reported that Lane County Administrator Jim Johnson had issued a Request For Proposals to allow camping facilities at Alton Baker Park during the Grateful Dead/Bob Dylan concert to be held this summer. He said no proposals had been received, and he noted that it probably would be difficult to enforce the camping ordinance with the expected crowd of 10,000 to 15,000 people. Mr. Gleason said he would be meeting with Paul Olum to discuss plans, which still were unclear. He added that more information about the event was needed and said the council would receive a report as soon as possible. Mr. Bennett noted that Alton Baker Park was in his ward, and although he had received no calls on the issue, he would like to be kept informed. Mr. Gl eason reported that he had another commi tment, which he would be attending for Mr. Bennett and himself. He left the meeting at 12:25 p.m. II. AGREEMENTS REGARDING CORRECTIONS FACILITIES AND PROGRAMS Assistant City Manager Dave Whitlow introduced the item. Sandy Franklin of Municipal Court presented the staff report. She noted that a memo in agenda packets covered background of the corrections issue. She said that after the 1986 Federal Court order placing a maximum on the number of inmates in the Lane County Jail, corrections space for municipal offenders had become a critical situation. She asked that the City Manager be authorized to enter into two agreements with Lane County. e Ms. Franklin said the first agreement was a short-term one that would take effect on July 1, 1987, and would provide a temporary, 18-bed addition to the Lane County corrections center. She said that facility would remain until completion of the permanent 88-bed addition to the jail, which was expected to occur in about July 1988. Ms. Franklin said the long-term agreement would take effect in January 1988 and would provide for municipal corrections space on a flat-rate basis with the County. She said that agreement would extend for slightly more than ten years, adding that staff had worked hard on the agreement and thought it was an excellent proposal. She also noted that the agreement fit the City budget for the next year and would provide needed space, and she said staff felt it was appropriate that Lane County continue its long-time role as the regional provider of corrections facilities and programs. Ms. Franklin reported that Councilors Ehrman and Schue had been present at the Metropolitan Policy Committee when it had given conceptual approval to the agreements. Mr. Rutan asked what would happen if the City had more than 18 offenders. Ms. Franklin said that under the short-term agreement, the City would receive additional space if it was available. She added that the City did not anticipate having more than 18 offenders, but if it did, they would be subject e MINUTES--Eugene City Council June 17, 1987 Page 4 to the current matrix limiting the number of inmates. She added that an amendment to the Federal Court order would be needed for the additional space. e Ms. Bascom asked about plans for the temporary modular unit when it was no longer needed for corrections space. Ms. Franklin said the City would own the facility and could sell it or use it for another City purpose, which had not yet been determined. Mr. Whitlow added that he expected several opportunities to recoup the value of that unit, for example by selling it to the County for a work camp or using it at the Police firing range. Ms. Bascom asked about the term "custodial incarceration facilities," which she said meant all Lane County programs. Ms. Franklin said current Lane County facilities included the existing jail facility, and future facilities would i nc 1 ude an 88-bed addi t ion, a work camp, and a 64-bed commun i ty corrections center. She said programs mentioned in the contract included the County road fund work crew and the community service and electronic surveillance programs. She said all of those facilities and programs were anticipated to be in place by July 1988. Mr. Holmer noted that the cost of the facility was estimated at $65,000, and he asked how certain that estimate was. Ms. Franklin said it was "reasonably certain." She said the facility bid had been about $42,000, which was close to the estimates provided by the Lane County Housing Services Authority. Additional costs would be for utility hookups, site preparation, and other necessities. Mr. Whitlow said the bid process had been completed, so numbers were fairly certain. Mr. Holmer also asked about the time frame of the long-term agreement. Ms. e Franklin said the long-term agreement would take effect on January 1, 1988, when the City would begin paying a flat rate, rather than paying for the actual costs of operating the temporary facility, which would become part of the flat rate. She said the temporary facility would be removed as soon as the permanent addition was available. Ms. Ehrman moved, seconded by Mr. Holmer, to authorize the City Manager to enter into agreements with Lane County for the provision of corrections facilities and programs for municipal offenders. Roll call vote; the motion carried unanimously, 8:0. III. NUCLEAR FREE ZONE TASK FORCE INTERIM REPORT Assistant City Manager Dave Whitlow introduced the item. He also noted that because of future agendas, it was important to deal with Item IV today. Glen Potter of the Intergovernmental Relations Division presented the staff report. He noted that Gerry Gaydos, chair of the Nuclear Free Zone Task Force, and Vice Chair Steve Johnson were present, in addition to councilors and staff from that group. e MINUTES--Eugene City Council June 17,1987 Page 5 Mr. Potter said the task force had been charged to advise the City Council on four subjects: notification of public officials, placement of nuclear free e zone signs at City entrances, appropri ate City response to legal and administrative issues, and whether proposed changes should be acted on by the councilor referred to voters. He said the task force had met twice a month since March and was about halfway through its work plan. He said notification had been sent and signs had been placed on City rights-of-way. Mr. Potter also reported receiving notice today that Lane County had agreed to allow the placement of signs at City entrances that were on County rights-of-way, so that was expected to occur soon. Mr. Potter said the task force had divided into four subcommittees, to deal with issues in the areas of pre-emption, scope of the ordinance, enforcement practices, and public education/citizen participation. He said those subcommittees had developed or were developing recommendations for the task force, and he noted that agenda packets contained reports from those subcommittees, which he said had not yet been ratified by the full task force. Mr. Potter said the council also had received copies of a revised task force work plan, which provided for a final report and recommendation to the council this fall. In addition. to providing those reports, Mr. Potter said the task force today requested authorization to plan for a City-sponsored observance on August 6, the anniversary of the bombing of Hiroshima, as called for in the ordinance, and to invite public testimony on the task force's progress to date. He noted that Attachment F contained details of the August 6 observance, which was proposed as a breakfast to be held at Celeste Campbell Senior Center, for a e cost of $300 to $500. He also said the proposed public testimony would be taken as part of the regular meeting agenda on July 10. Ms. Wooten asked the chair and vice chair of the task force to comment. Mr. Gaydos said the task force was doing a reasonably good job of moving toward completion of its work in a timely fashion. He said some difficulty was occurring in the area of scope, and he thought that issue might be one in which a clear-cut response was not possible. He added that he appreciated the I opportunity to serve in this capacity. Mr. Rutan said he had noted that the report contained mention of several split votes, and he asked whether the task force expected to reach a greater consensus on those issues. Mr. Gaydos said he expected a strong consensus on several areas, but other areas, such as scope, might be more difficult. He said the task force was attempting to reach consensus, but minority reports might be required. Ms. Ehrman said she had not seen much information about whether items should be implemented by the councilor referred to voters and she asked whether that had been discussed. Mr. Gaydos said that had not been discussed, adding that the ; ssue mi ght depend on the final recommendati ons and consensus that developed. e MINUTES--Eugene City Council June 17, 1987 Page 6 Ms. Bascom said she thought the plans for the August 6 observance looked good. She also suggested that the public testimony might be taken in a roundtable- e discussion format that would allow a "more fruitful" interchange of ideas. Mr. Gaydos said different formats had been discussed. He said the first two hearings had been and would be of a testimony format, but he added that the roundtable format might be considered for the third hearing on the final recommendation. Vice Chair Steve Johnson said he agreed that a strong consensus was likely on a number of issues but that it might not be likely on the scope of the ordinance. He said proposals were being presented in an attempt to reach greater agreement, but he was unwilling to speculate about their success. Mr. Bennett thanked Mr. Johnson for his willingness to speak and to listen, and he praised Mr. Johnson and Mr. Gaydos for their efforts with regard to task force process. Mayor Obie said he had heard similar comments, and he thanked them for their work. Ms. Wooten noted that the task force was a "highly charged" group. She said she had a great deal of respect for the process and thought members continued to work in good faith. She said some agreements were being reached, and all task force members were working very hard, addi ng that she expected the resulting recommendations to be worthwhile and acceptable. Mr. Rutan asked about legal issues, such as the constitutionality and enforceability of the ordinance, that had been raised at the time the task force was created. He asked how those issues were progressing and whether the ordi nance was bei ng changed substantively. Kathleen Pi erce of the Ci ty e Attorney's Office said she thought the task force was doing very well on legal issues. She said the pre-emption subcommittee was dealing with some of those concerns, and it appeared to be close to a consensus about sections of the ordinance dealing with the transportation and disposal of nuclear wastes and the production of nuclear power, which staff had identified as problematic in terms of pre-emption by State or Federal law. She said those sections probably would be reworded in ways that were constitutional. Ms. Pierce said the City Attorney had found no constitutional problems with the scope of the ordinance, but the issue there was whether the ordinance provided clear notice about violations and whether it could be defended or prosecuted by the Ci ty. She added that whatever decisions were reached, clarity of language was a strong goal of the subcommittee and the task force. She concluded that the task force was moving forward to address all of the concerns expressed in the original memorandum. She also said substantive changes were being made to the ordinance, specifically with regard to the ban on nuclear power production and the storage and transportation of nuclear wastes. Ms. Pierce said that if those activities were limited, it would be clear that the City intended to do so only in those areas in which it had exclusive jurisdiction and that were not pre-empted by State or Federal law. She said staff now was drafting language for those sections, which the task force would consider in a couple of weeks. Respond; ng to Mr. Rutan's question, Ms. Pierce said the City was not legally required to refer changes to voters. e MINUTES--Eugene City Council June 17, 1987 Page 7 Mr. Bennett said the task force clearly was going beyond an analysis of the legal interpretation of the ordinance. He said he thought the task force was e in a position to interpret the intent of the vote on the ordinance, and he wanted to remind the council to address recommendations from that point of view. He said that in considering the council's charge and examining the ordinance, he also thought the task force should do that. Mr. Bennett added that he felt a spl it vote represented a majority but not necessarily a consensus. He said he hoped that whichever position was the minority view, both positions would be given careful consideration. Respondi ng to Ms. Ehrman's question, Ms. Pierce said proposed enforcement action would be through municipal court. Mr. Rutan asked about the overall budget for the task force and for the Citizen Involvement/Public Education plan. Mr. Potter said the process and ordi nance had no budget to date. He said the Budget Committee had been presented with a supplemental budget request of $40,000 for this fiscal year, primarily for attorney's fees and staff costs. He said the budget for future years remained to be seen, and he added that the c it i zen participation subcommittee had suggested appointing a nine-member board, which could meet anywhere from quarterly to monthly. He said a deta il ed budget proposal probably wo~ld be presented during the next fiscal year. Ms. Wooten added that if a board was appointed rather than elected, she thought a budget and work plan could be its first order of business. Ms. Ehrman asked about an extension to the task force's time line. Mr. Potter said the original time line had been extended by about one month, and he said final recommendations probably would come to the council in about September or e October. Mayor Obie noted that the council had received a letter from the Chamber of Commerce and that copies would be sent to the task force. He said the letter suggested that a consensus was not being reached and that concerns were not being heard. He said a minority report did not represent consensus, and he added that even if it took longer, he would like the task force to try to reach a consensus that included the support, if not the agreement, of all or most members. Mayor Obi e also suggested changi ng the name of the observance from the "Mayor1s Nuclear Weapon Free Zone Commemoration Day Breakfast" to "Eugene's . . . Breakfast.1I He added that the change did not indicate a lack of support and that he would be happy to speak and carry out his duties, but that he already had many other activities being carried out under his name. Mr. Holmer asked about the use of the word "weaponll in that title. Mr. Potter said that word was in the section of the ordinance calling for a commemoration. Ms. Ehrman commended those working on the task force, adding that the issue was important to many members of the community. She said councilors still were hearing concerns that the process be kept moving and that certain issues should or should not be addressed. She said she wanted to assure the e MINUTES--Eugene City Council June 17, 1987 Page 8 community that the council was moving as rapidly as possible on the issue, but it also wanted to ensure an enforceable and usable ordinance. e Mayor Obie thanked councilors and task force members for their work. Ms. Ehrman moved, seconded by Mr. Holmer, to authorize the Nuclear Free Zone Task Force to invite public testimony on its progress to date and to proceed with planning for the Nuclear Weapon Free Zone Commemoration observance to be held on August 6, 1987. Roll call vote; the motion carried unani- mously, 8:0. IV. URBAN TRANSITION AGREEMENT Assistant City Manager Dave Whitlow presented the staff report. He said the financing agreement being considered would implement the Urban Transition program that had been worked on wi th representatives of the Eugene and Springfield City Councils and of the Lane County Board of Commissioners. He said the agreement would provide payment for services to be assumed by the Cities of Eugene and Springfield. He noted that services to be transferred were descri bed in agenda attachments and i nc 1 uded p 1 ann i ng and bull di ng services for unincorporated areas withi n the urban growth boundary; responsibility for four park parcels, including Alton Baker Park and Cuthbert Amphitheatre; full payment for Regional Information System charges; and maintenance of about 66 miles of roads. Mr. Whitlow noted that this agreement did not deal with the ownership of Alton Baker Park, and he said staff hoped to deal with that issue before the agreement went into effect. He said current e assumptions were that the developed portion of Alton Baker Park <not including the part under discussion for a golf course) would be transferred to the ownership of the City of Eugene, and the agreement was being drafted under those assumptions. Mr. Whitlow said agenda attachments also included detail about department expenditures. He said approval for those items was not being sought today but would have to be approved later as a supplemental budget. Mr. Whitlow said the Lane County Board of Commissioners had approved the agreement, and the County administrator was authorized to sign the agreement. Mr. Whitlow said discussion on the issue had begun with the former Urban Services Policy Committee, which included Councilors Rutan and Schue, and had continued under the Metropolitan Policy Committee, on which Councilors Schue and Ehrman served. He said staff enthusiastically recommended approval of the agreement, which would implement lIyears and years" of discussions. Ms. Schue confirmed Mr. Whitlow's comments about the length of discussions. She said the agreement was one that was comfortable to everyone involved and would begin to implement the philosophy of the Metropolitan Plan in which the County would provide rural services and the cities would provide urban services and in which financial differences would be adjusted accordingly. She also said she hoped that the City soon would own Alton Baker Park and that next year it might not have to discuss that. e MINUTES--Eugene City Council June 17, 1987 Page 9 Ms. Bascom complimented the City Manager and his staff on the complicated issue, which she was pleased to finally consider. She said she had attended a e meeting by the Lane Council of Governments at which small cities had not been happy with their share of road funds. She asked whether that issue had been dealt with. Mr. Whitlow said those discussions were continuing, and attempts were bei ng made to exp 1 a in that the road funds were not a "gift" but were payment for services. Ms. Bascom also asked about the title to the area planned for a new County logging museum. Mr. Whitlow said he was not familiar with that issue, but he thought that property was included in land to be owned and maintained by the City of Eugene and later could be leased to the County for such a facility. Mr. Rutan asked about the City's responsibility for substandard roads in the River Road/Santa Clara area. Public Works Director Chris Andersen said the City would be responsible only for roads within the current city limits. She added that as annexation occurred, those roads would be requested for jurisdictional transfer under the terms of the agreement in July of each year. Mr. Rutan asked how the agreement could go wrong and what the worst scenario wo u 1 d be. Mr. Whitlow said the worst-case scenario would be if funding stopped. He said he did not believe that would happen, but if it did, two- thirds to three-quarters of the services would revert to the jurisdiction of Lane County. Mr. Bennett said he understood that such a scenario was highly unlikely, but he asked whether 18 months. notice would be required. Mr. Whitlow said notice would be required under the contract. .- Ms. Ehrman moved, seconded by Mr. Holmer, to authorize the City Manager to enter into an urban transition agreement with Lane County on roads, parks, planning, and building services and to transfer all County roads within the current city limits, except Delta Highway south and River Road, to Eugene's jurisdiction. Roll call vote; the motion carried unanimously, 8:0. I Mr. Whitlow said the complicated work on roads had been done by Public Works staff. He added that it often seemed that the most dramatic changes in government occurred in a "routine, anti-climactic" format. Mayor Obie thanked staff and management, adding that the issue had transcended city councils and would not have happened without Ms. Schue, whom he also thanked. V. CITIZEN INVOLVEMENT COMMITTEE ANNUAL REPORT Assistant City Manager Dave Whitlow introduced the item. Jon Stafford, chair of the Citizen Involvement Committee, presented the annual report. He noted that the report had been presented to the Planning Commission on Monday. He sa i d a future commi ttee agenda item would be the appropriate citizen participation in public/private partnerships that were being formed and added that comments and suggestions on that topic were welcome. e MINUTES--Eugene City Council June 17, 1987 Page 10 j ! I . ! I I Mr. Stafford described some of the roles of the committee. He said he saw the committee as one that offered suggestions and advice and hoped they were e fo 11 owed. He said the committee's original and traditional ro 1 e had been related to planning matters, which he said now generally included good citizen participation components and required little modification by the CIC. Mr. Stafford said that as a result of the Citizen Participation Review Team report issued in June 1985, the role of the CIC had been expanded to include a review of citizen involvement processes in other City departments. He sa i d the committee still was new in that role and was learning what to look for, what to ask, and what to expect. He said committee response so far had been to offer suggestions about how processes might be improved, adding that he expected it to offer more assistance as it gained experience. Mr. Stafford said he thought the requirement that department representatives review their citizen participation processes had produced beneficial effects. Mr. Stafford said another role that seemed to have fallen to the committee was that of receiving complaints about citizen participation. He said the committee had attempted to respond to complaints it heard, dealing for example with requested notification procedures for land-use issues, with the process used by the council in its most recent appointment to the Planning Commission, and with a perceived excessive delay in filling a vacancy on the Community Development Committee. Mr. Stafford said the committee tried to restrict its involvement to citizen participation issues and not to become involved in substantive issues, although that often was difficult. He offered to respond to questions. e Ms. Wooten said the committee recently had held productive and interesting discussions about the appropriate role, quantity, and quality of citizen participation. She said smaller group discussions would be held this summer, and the commi ttee hoped this fall to present more hands-on criteria and recommendations for citizen participation in the community. She said the issue had been difficult, but progress was being made. Mr. Holmer said he had been urging the CIC to assume a broader role,.and he was delighted to see in the report some response to that. He said the learning process was essential, adding that he thought examining information programs was a good approach. VI. HAZARDOUS MATERIALS MANAGEMENT PLAN Assistant City Manager Dave Whitlow introduced the item. Special Projects Consultant John Porter presented the staff report. He said the report was not a plan, but a work plan to deal with the hazardous materials issue that the City Council had identified earlier this year. Mr. Porter reviewed the five elements of the work plan listed in agenda attachments and said a sixth element, whi ch already had been authori zed by the counci 1 , contained a procedure for response to hazardous incidents. He said a City response team was expected to be available through the Police, Fire and Emergency Services Department in early August. e MINUTES--Eugene City Council June 17, 1987 Page 11 Mr. Porter reviewed the work plan in council packets, noting the timing of City Council actions and other elements. He said the State Fire Marshal's e inventory had been expected in March of this year, but because only portions of that inventory had been completed, the work plan had been set back. He said a supplementary City survey also was needed before adopting Article 80 of the Uniform Fire Code in order to allow time to work with existing businesses to make sure they understand the new ordi nance. Mr. Porter said community involvement efforts were expected to include the Citizen Involvement Committee, the Chamber of Commerce, the Metropolitan Partnership, and other industry groups' review and input. The University of Oregon would also be brought into this process. He said staff proposed that the regulatory process for zoning/land use, transportation, and treatment make use of existing update processes rather than initiating new processes. Mr. Porter said Councilor Holmer had mentioned omissions of sol id waste management and biological waste, and he said those areas would be included under treatment. He also said experts would be hired to deal with those areas. Mr. Porter said Fire Marshal Roger Cleland also was available to answer questions. Mr. Cleland said the Western Fire Chiefs and Building Code Officials were moving very quickly with adoption of Article 80 of the Uniform Fire Code in order to allow adoption of a national code with the '88 code- approval process. He said the State probably would not adopt the code until 1988, but he added that the 12 exempt cities in the state were approving Article 80 later this year. Ms. Ehrman asked about the mention in a June 10, 1987, memo that the City's e response team could be designated a regional response team for the State and whether that would include funding from the State. Mr. Cleland said that action was part of Senate Bills 115, 116, and 123 now before the Legislature. He said funding was a part of a $4.5 million package proposed for the Department of Environmental Quality. He said staff hoped for State support, but the process still was unresolved. Mr. Holmer said previous discussions had suggested that the program be self- ! sustaining, but the memo suggested that one-third of the cost be charged to the Genera 1 Fund because fees would not be sufficient. He asked about the rationale for that. Mr. Porter said staff was hesitant to state what fees would be, but they now appeared to be in the range of $200 per firm. He said that to exceed that fee would make Eugene inconsistent with other communities that did subsidize the fees. He said staff hoped to discuss the issue with industry representatives, and he noted that the regulations were advantageous for their own protection and insurance costs. He said the two-thirds was an estimate, but he said staff thought a subsidy would be required, at least in the beginning, in order to keep fees in line with the rest of the State. He said more detail on that issue would be presented at a future meeting. Mr. Whitlow added that the level of user fees or public subsidy or both would be a council decision. e MINUTES--Eugene City Council June 17, 1987 Page 12 i j 1 ~ < ~ Mr. Holmer noted the complex and exhaustive nature of the requirements in Article 80 of the Uniform Fire Code. He said he thought the City so far had e responded admirably in creating a response team and providing a vehicle. He said State action on the issue was expected in September, and National action was expected sometime next year. He said the City was at the "cutting edge" of the program and would be in competition with industries in trying to find a consultant. He said a consultant and an additional team might be wanted by December, but he thought a more detailed budget and a set of fees should be compared with those of other cities. Mr. Holmer said he thought the council could make better decisions in five or six months than it could today; therefore he said he hoped no action would be taken today and that staff would be urged to continue working toward adoption of Article 80 and would return in a few months with a more comprehensive and detailed plan. Ms. Wooten said she agreed with the importance of obtaining budget details and a ratio of user fees to General Fund support. She added, however, that the council was being asked to approve only the time line and work plan elements, which she said seemed quite detailed and proper for approval. Mr. Holmer said the work plan provided for hiring a consultant and requested staff to prepare a supplemental budget for funding the program. He said he did not want to slow down the City. s response to a hazardous materi a 1 s management program, but he also did not favor a firm financial and staff commitment until a clearer picture of the community's needs had been obtained. Ms. Ehrman moved, seconded by Mr. Holmer (under council rules), to approve the work elements of the plan and the tentative time line of activities and to request staff to prepare a supple- e mental budget for funding of the program for 1987-1988. Ms. Wooten urged adoption of the motion and requested that staff provide the council with information about the timing and necessity of hiring a consultant and that the supplemental budget request be submitted to the council before it was submitted to the Budget Committee. Ms. Schue said she also supported the motion. She said the National League of Cities Transportation Communication Committee 1 ast month had recei ved a , presentation from the Federal agency responsible for the transportation of \ hazardous materials by rail, and she had not been comforted after hearing about the agency' s sma 11 staff and its inability to monitor the complex problem. She said she was pleased to know that the City was aware of what was being transported on the railroad and was working to be prepared in case of difficulties. Roll call vote; the motion carried 7:1, with Mr. Holmer voting nay. VII. LEGISLATIVE FOLLOW-UP Jody Mi 11 er of the Intergovernmental Re 1 at ions Di vi si on reported on the proposal for construction of a new architecture building at the University of e MINUTES--Eugene City Council June 17, 1987 Page 13 Oregon. She said the issue was an expenditure limit that precluded the State from spending about $290 million. She sa i d the Governor had propo sed e excluding capital construction from the expenditure 1 i mit. She said Republicans generally were opposed to the proposal; therefore, it was suggested that the community contact those legislators to express support for the proposal, which she said would mean about $10 mi 11 ion for 1 oca 1 construction. Mayor Obie requested that staff organize efforts for support. and Ms. Miller said that was being done. Mayor Obie adjourned the meeting to June 22, 1987, at 1:30 p.m. Respectfully submitted, ~~~ Ci y Manager (Recorded by Leslie Scales) mncc0617 e e MINUTES--Eugene City Council June 17, 1987 Page 14