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Home My WebLink About07/12/1976 Meeting M I NUT E S EUGENE CITY COUNCIL - July 12, 1976 Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on July 12, 1976 in the Council Chamber with the following Council members present: Gus Keller, Wickes Beal, Tom Williams, Neil Murray, Ray Bradley, D. W. Hamel, and Edna Shirey. Council member Eric Haws was absent. Also present for joint session concerning Early Financial Settlement for the Central Eugene Project (Oregon R-18) were Eugene Renewal Agency members Joan Mazo, Irving Henning, Ruth Miller, and Frank Shearer. Renewal Agency members Harry Farrell, William Korns, and Wallace Swanson were absent. I - Proclamation canvassing votes cast in June 29, 1976 budget election was submitted showing the following results: Measure No. 51 - City Budget Yes 6 , 1 63 No 6,010 Measure No. 52 - ODD Budget Yes 7,261 No 4,857 Mr. Keller moved second by Mr. Williams to accept the canvass as presented. Motion carried unanimously. I-A-l II - Early Financial Settlement, Central Eugene Project (Oregon R-18) Charles Kupper, director for Eugene Renewal Agency, reviewed the proposal for early financial settlement of the downtown renewal project prior to its completion and - explained that early financial settlement will result in a surplus of $850,,000 for which an application is proposed. He said the key element to early financial settlement is the close-out agreement containing assurances and statements required by HUD on early settlement and embodies a co-operation agreement between the city and Renewal Agency covering transfer of ERA staff to the city. The Renewal Agency,. however, will continue to exercise its powers as the, Renewal Agency for the project. Mr. Kupper reviewed in detail the terms of the close-out agreement, copies of which were previously distributed to Council members and Renewal Agency members. Public hearing was opened. Maurie Jacobs, M. Jacobs Fine Furniture, 725 Olive Street, expressed concern about possible misinterpretation with regard to use of the surplus funds. He thought it important to pinpoint in the close-out agreement that development for which the funds would be used within or without the Central Eugene Project boundaries would be commercial development. Joan Mazo, chairperson of the Renewal Agency, stated that it was the intent of the Agency that the funds would be used for commercial development. Public hearing was closed, there being no further testimony presented. Mr. Keller moved second by Mr. Williams to reaffirm the proposed action described in the close-out agreement dated June 29, 1976, and authorize the city manager to execute and submit an application to HUD for early financial settlement in conformity with the terms of the close-out agreement. Motion carried unanimously. -- Joint session with the Eugene Renewal Agency was adjourned, and the Council con- tinued in its regular session. 3~~ 7/12/7n - 1 III - Recognition for service on Boards and Commissions Mayor Anderson presented plaques to members retiring from various city boards - and commission in recognition of their service. Present to receive the award were: - Robert Napier, Budget Committee - January 1, 1974/March 24, 1976 Ed Wilson, Downtown Development Board - August 28, 1972/0ctober 15, 1975 Howard Bonnett, Planning Commission - January 1, 1971/March 17, 1976 Glenn Cougill, Room Tax Allocation Committee - July 14, 1969/July 1, 1975 Others. recognized but not present were: Hugh Johnston, Budget Committee - January 1, 1973/0ctober 13, 1975 Archie DuGuid, Library Board - January 8, 1968/0ctober 27, 1975 Mary Glass, Sign Code Board of Appeals T May 8, 1972/Mary 24, 1976 James Bain, MAPAC - January 8, 1973/December 8, 1975 Leland Stauffer, Boxing Commission - January 1, 1971/November 25, 1975 IV - Public Hearings A. Temporary trailer office at 105 Oakway Mall (American Savings & Loan) I-A-2 Requested for use while permanent structure being built. Staff recommended approval for period of one year. Public hearing was opened. Bill Stewart, Jr., 1063 Cinnamon Street, manager of the proposed establishment, offered to answer any questions. Doug McKay, 450 Stonegate Street, owner of the property, said a building permit had been issued for the permanent structure, and that it was anticipated the building would be in use in far less than one year. -- Puhlic hearing was closed, there being no further testimony presented. -~ Resolution No. 2528 - Granting permit to American Savings & Loan for temporary trailer office at 105 Oakway Mall for one year was read by number and title. Mr. Keller moved second by Mr. Williams to adopt the resolution. Motion carried unanimously. B. Annexation, west of Arcadia off Calvin Street (Kehoe) (A 76-5) Planning Commission Recommendation - June 7, 1976 Annexation of area west of Arcadia, off Calvin street (Kehoe) (A76-5). Map has been distributed to Council members. Comm 6/30/76 Mr. Keller moved seconded by Mr. Haws to call a public hearing for Pub Hrng July 12,1976. Motion carried unanimously. Puhlic hearing was held with no testimony presented. I-A-3 J Resolution No. 2529 - Transmitting to Boundary Commission recommendation for annexation of area west of Arcadia Street off Calvin Street was read by number and title. Mr. Keller moved second by Mr. Williams to adopt the resolution. Motion carried unanimously. - . 7/12/76 - 2 3tf1 C. Liquor License ~ Pit Stop II, 3000 West 11th Avenue (RMB) - New outlet e Liquor License - New Outlet - pit Stop II, 3000 w. 11th l RMB Comm John Thomas Langan, applicant. 7/7/76 Pub Hrng Mr. Keller moved seconded by Mr. Haws to call a public hearing for July 12. Motion carried unanimously. Manager reviewed OLec report indicating that of those interviewed in the neighborhood, there was one objector, ten nonobjectors. Staff had no obj ect ions. Public hearing was opened. I-A-4 John Langan, 2775 Fillmore Street, petitioner, noted that the proposed location was properly zoned and that there were no taverns in that area. Public hearing was closed, there being no further testimony presented. Mr. Keller moved second by Mr. Williams to recommend approval of the application. Motion carried unanimously. D. Bids ~arks Department - Demolition work and moving building Lincoln Community School (opened July 12, 1976) Demolition - ShurWay Construction $ 4,400.00 Wildish Construction 3,525.00 Staton Construction 2,125.00 e Office Estimate $ 3,500.00 Relocation - ShurWay Construction $ 7,800.00 Ahre and Richmond House Moving 4,480.00 Office Estimate $ 4,800.00 Staff recommended contract award to Staton Construction on their low bid of $2,125.00 for demolition, and to Ahre and Richmond House Moving on their low bid of $4,480.00 for relocation work. Public hearing was held with no testimony presented. Mr. Keller moved second by Mr. Williams to award contracts to the low bidders as recommended. Rollcall vote. Motion carried, all Council members present voting aye. 2. ~ublic.Works Department - Various Improvement Projects (opened July 2 and 8, 1976) I-A-5 IncludIng change order on Ferry Street Bridge Access ramp and sidewalk widening July 2, 1976 Cost t~ Amount Ha~. 0: 3:c:e~ .~d ?~oject Contract Cost Abutting ?rop. Cost to City Budgeted PAVI);G. S~.:;!.n"! 5':";"", 60 s,:n~1 SF:'..I!">.: 1. ~in8r~~od 5tr~et Uithin ?i;.ey h~ods Subdivtsion 8!'\d 5'):;, Ave~ce !~:aceflt to Piney t."oC'lds Sub- division; s~~l:a=y s~ve= and 'tor~ .ewer within Piney ~oods Su,divi.10n. (930) ALTf.RNATE 8.~S Ie 1. Z.'>b Ccnst";:::o~ Co. dba....... $19.020.98.........$~lo Bid.......................28' Pav............$ 25.1CiFF........ ... .0....... .0...;.... Delr.a C~n~:~~ction eSi1urvay Co~t:~etor. Ine......... 19.406.89........ 20,528.88 36 I Pav............ n.('~i,f ~i1di8~ Co~.::~:t10~ Co......... 19,580.90........ 19,741.80 San. Lat........... l,7Z5.00!Lot 4. ~ugene Sand 6 Cravel. Ine....... 21.936.30........ lIo Bid San. Serv.......... <:':10.00.' ;:A CO~PLETIOll DAr~ S.pt~;er ie, 1975 7/12/76 - 3 31'S' ~---' .~-- ._._- -- .-... - - -- -- :::::>~ ~: Z~:.d,":- ':':-"'. :-:::c:: CC:1tra::t Cost: C05t to t\:-,'.,lur.1--' Abutting I1rop. C~st to CLty B~d!;ct__ 2. ~':ithi:1 :;o:-dia.:l C'ar:< Su:d:visio~ and s3:1ita:-y se~a~ to sc~~e tre area I between Nordi3:"l ?ark and Cha~bers St- (1181 ) L 5hun'~y CO":r2oroo. I~c..... ..................... $ 17.473.95.................... .Cul-de-Sac Pav.....$ l.. 1. 00 l?: . . . . . . . . . . . . .0. . . . . . . ' .0. . . . . . . . . 2. !,'.:.ldi9:: C.::):!3,:n.:.=ti0:1 Co.......................... 17,833.90 S:Jn. L3t........... ':J.145/SF 3. E~5ene S~~d & G4av~l, Inc....................... . 19.293.03 San. Serv.......... [;;.oon:.o\ 1.. J. A. Hi 11. . . . .. ." . .. .. . .. . . . . . . ." .. . .. . .. . . .. . . . 19.357.86 5. Ke!1 Bostic;; C:"";'1s'tructlon Co...................... 22.369.50 CONPLETION DA'i::: Septe7ber 1. 1976 I !')..VI::G. SA7:tTA~'! 5':':':~. f.' 5T.:)~':.: S::::!:::l: 3. ~lthi~ 2n~ A~~~:io:'.. to F~~la~d f:ai~11t9 and sa~ttar; ~~~~~ a~d stern s~~cr ~ithin 160 fee~ c~ :: e ens: bo~:'..da=y of 2nd Addi:ion to ::':-1.2:': Feif~~ts. (1271.) ALlER:~ATf: BASIC , t.:i 1 d i 5 ~l ~ :"'~S;: :'..:::::' il"~ C':"........ $ 33 ,42.1. 90. . . . . . . . . $ 34,227.15. . . . . . . . .. . . . . . . . . . . .28 r Pav........... $ :L201?"F ............ 0..............0.... .. 2. ~...:.;~r~ S~:-".:: ~ G":'a~el, Inc...... 34,235.62......... };o Rid San Lat..... ..... 1.2=3.00/LG7 3. ~~n n~s:!:~ Cc~s:r~ction C~.... 34,470.40......... ::0 Bid San. Serv......... liS.OO/Let 1.. Scur>:ay Co":::-,e:or. lr.c........ 34.806.80......... 35.496.45 5. Bar'lge ?avinS. I~".............. 41.198.91......... 41,811.17 COHPLETIO~ DAT:: Sept!:::=er 17, 1976 4. ~ithln 4til A~~itio~ to ?~redise Park (1281 ) l. :.>:::-:-e .:. ;.. .. :;:, :"C. .. . . . . . .. . . . . $ 20,242.45. . .. . . . .. $19.8%.31.. .. . .. .. . .. .. . . .. . .. 28 I Pav .......... $ 2:. 65!::. . . . . . . . . . . . . .0. . . . . . . . . . .. . .0. . . . 2. ~!l~!sc :oc.:::-~o:ic~ Ce........ 20.524.35....,.... 20.803.50 S"n. Lat........... 4>;).00/..::- 3. 3.~b COC':7~::!~C :c. d~a D:lca :~~~:~~:::~c~.... ....... 24.090.45..........23.285.23 San. Serv.......... loJ.OO/~;,. 4. 5':-:un;a~' ::..-::=~~::::.:':, :r:c........ 2].752.10.... ......24.07].50 5. 1<0" f,os:!o._; :oc,::-"::i,~ Co.... 21.379,60..........:;0 Bid J. 2'usci'!e S,~:-.G [- G=a-,;el, lnc...... 22,5Z3.74..........~(O Bid COHPLETIOil D,\E Se?te::l...ar 17, 1976 ?.-\1.'!::C. sx.t:.~ ........ 5::~ -::. -, :. '5:-('''..;~ ss.::::'l ~ J. \';i~hi!1 ::.~~'!w::C'~ ..':::'.:r.t,,:!i~. :1 St:':divisLon ( 1:.1':'3) SCH!:ntlt~ I/A" SCHEDULE "Bit ALTERNATE: ill 1. ~-:ild is ': C '~s' ,,"::, 00 Co....... .s.~O? 32 9.48. . . . . $120,709.50. . .. $29 .112.50. . . . . . . .. Pav.... .. . . . . . .. . . . S 1. BO. OO/LOT. .. . .. . '" . .0. .. . . .. . . . . .. .0. . . " . . 2. K1=t 3t;,;:'c'-< - .:-:st:-..;c:lon Co).... 2'H.416.M..... :10 Bid........ No 8id San. SIoTt'........... 1.255.00/LO'i: Storm St<r.......... 5ea.co/LOT COI1PLETIOS DATE October 1. 1976 57Cl~'f SO:;.'Z1: 5. LO Se~~~ B~i~~lo~ ~~b!!e Ho~~ estates nl~g) !. Do.,ld :. ~e.:'o"u" .......................... .$64.280.00. . . . .. . . . ... . . .. . . . ., . .$40,250.00. .. . ..... .. ...... . . .... .. . . ..$32,800.00. . . ... . .$30.480.00_ 2. :\~;; Bc~ti.:'{ '.:: ::-:-:stro..:e::,o!1 Co.................... 74.n6.40 3. S & J CC'~str'~'::!.o:1 C\J.......................... 74,650.00 4. ';neis; C""5:::-"::~C" Co........................ 7B,371.15 5. D.~ Al;."~ Co~:r.oror. Inc..................... 86.974.50 COMPLETION DATE Septe~ber 3, 1976 .\:"~E.:" PA'.'!::r. & 5:~::T7.' -,-:' 5F:....-::~: 7. 8etwee~ 6t~ t. 7t:. A~,!~~es and ~~t~een Olive Scree: & C~a~~c~:~~ Sc,r2et (558 ) I. 1'0:1 Sos: i :.. C:"': r~C: ion Co.......,........... $36,085.17...............,........ O. .. . . .. . . . . . . . . . . . . . .. . . . . .. . Pav. . . . . . $17 .414.67. . . . . $24.000.00 2. ~':!lcio" CO:1.:::-"aic~ Co........................ 36.739.75 San St<r.. .15.078.50..... 17.065.00 3. S;~'.l~.'ar CO:"lt:-.:!=:~r, !!1i:........................ 41,110.78 Strm 5"""...3.592.00..... 5,935.00 COHPLETION DA'i:E Septecber 17. 1976 -1t 7/12/76 - 4 YI~ C:;:~.::!:,vn ~-'i:.~' .--- ----- B. 23th .1:;e"Il;~ t!'c~ :.;') !~et eAst of cteve~a~d ~:ree: :0 320 :eec ea,: vithic 2nu nCditio~ to :.a<n S~,divl.lon. (278) .~;)r'" Cce.n [, ,0'"..............................$7.957.25.:.......................San Lat....$ 0.125/5?" .................0...................0... . S:"',..,'a:: Contc!::or. be........................ 8,386.70 San Serv... 435.00/EA . 3. X<;;1 :.::;::.:'< ":::-S':r-.;c::.O!\ Co....................10,744.50 4. J.A. i::::..................................... .10.7'16.91 5. ~:::d1s.- ~~:1~:':'..;:tio:-. .:0........................11.337.00 6. :u;one S.'".d i" Cco-:e!, In<.......... ........... . 13.5B1.00 COI1PLETIOll DATE Ausu.~ 21). 1976 P;-JI~;G Oo;:,;X,: 9. Seve~ ';ario\ls lo:..at~o:'ts (::23) 1. <\::.no S.~d ;. ~:~'Jel, Ir.<........ -... -. -...... .$9!.,696.27....................... _.. .0.......... ................... ..$94,696.27...... .$108,000.00 2. ~"lcls:- :ons::-c:C1o~ Co........................IOS.228.17 3. ~~crso "cos.. :cc............................ ...IOB. 737.95 COMPLETIOll DAT~ Oetooer I, 1976 ---- July 8, 1976 Cos t to A::'1ount tra:::e 'J~ 3:.,::er a':'.~ Pro~!::': CO:1tract Cost Abutting Pro? Co.t to City Budgete '.\':~':r.. S....:.~~;.~':. ~\.~:~ :. s:--:-" S:.'.'-:'): , ~ithi~ c~~c~':'~ ?!::; ~~~ 5a,i!~ry ~ew~~ ~ithin ISO fe~: o~ :"e S~~:~ ~-d ed!t ~ou~~arie5 of CO:1':'J:'C ?~2.: I ~ -" ...'.J MSIC Aln:,':ATE .. ~', ! < S. '. -- ,,~ :: CO" C,............ $ 121,4 7A. 81. .. . $ 123. 100.26.. .. .. .. . .. .. .. .. . .. 28' Pav......... 5 15.70/"............... 0.. .. . . . .. . . .. . .. .. . .0.. .. . 2. :'0.1 J:;:::< C: ':"'ct:~, Ce........ 124.051.61.... ::0 3id 36' Pav......... i9.50/:: 3. :-:~:~.~ :::'-.~: -':':.. ~- ::,. cha >Ita ~..,:~..~:i=c............... 125.951.30.... ~:~ Bid San La t. . . . . . . . . 0.II/S? 4. ..~;,,:!:-' ~ :. c . .~.:-.::. :::':.......... :Jo Bid .... 126.3~6.92 San Serv........ 215.en!::;, Strm Sur........ 750.00/t0! e COCIPLCTIO:; ~..\Tt: . Cetol:er 1. 1976 I Don Allen, public I,orks director, reviewed the bids, Contract alvard \,as recommended on the low bid on each of the projects, No. 3 (Fir land Heights) 31v3rd on the low alternate bid and subject to approval of the suhdivider and No. S (Edgewood Mountain II) subject to approval of the subdivider. Mr. Allen explained that Schedule B and Alternate 1 on Item S were portions of the project on private contract and did not inVOlve the city. With regard to the change order on the Ferry Street Bridge project, Mr. Allen explained that it \,a s brought to the Council since it involved increasing the contract by more than 10% - $19,224 for a total contract cost including the increase of $168,039.20. The change involves \iidening the access ramp sidewalk to the south concrete approach section of the bridge and could more efficiently be handled under the existing contract. He said the bid was a good one and recommended its approval, saying the bicycle committee had given its approval and funds were budgeted to cover the cost. Public hearing was opened. Jim Johnson, 2SS0~ Chambers Street, asked why his property would be assessed for the Nordian Park project (It em 2) when he already had connection to city se;iers. Mr. Allen explained that the former OImer of t-lr. Johnson's property had petitioned this sewer. The property was connected to a city sewer, he said, but an asseSS~ent had never been made against the property. e Public hearing was closed there being no further testimony presented. 7/12/76 - 5 350 I i In response to questioning from the Counci 1, Mr. Allen said connections to city sewer cannot be prohibited, but when it is done there is the risk of having to pay for another. e If and \,hen one should be constructed within 160 feet of a property, the city has no alternati\"(~ but to assess properties adjacent to a line built. He estimated a cost of $3,400.00 would be assessed against Mr. Johnson's property for this line. ~Ir . Keller moved second by Mr. \'ii lliams to award contract to the 101-: bidder on eaC'h project as recommended, No. 3 and 5 (Firland Heights and Edgewood ~Iountqin II) a\oJarded subject to approval of the respective subdividers; and that the change order on the Ferry Str~et Bridge bike ramp be approved as presented. Rollcall vote. ~Iotion carried, all Council members present voting aye. V - Items acted upon with one motion after discussion of individual items as requested. Previously discussed in committee on June 30 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Williams, Bradley, and Hamel) and July 7, 1976 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Williams, Murray, Hanel, and Shirey). Minutes of those meetings appear below printed in italics. A. Ambulance Rates Amendment -. Merro from Ci_ ty Atto.l"ney' s of"fice has been distributed to Counci.Z, noting that the resolution on ambulance rates adopted by Council on June 14 did not contain previously authorized schedules concerning multi-patient, no patient and disregard calls. Also, Finance Director requests that Council delegate authority to him to approve adjustments to authorized supplies charges Corom to current market prices when warranted. 6/30/76 Mr. Keller IOC>ved seconded by Mr. Haws to adopt the resolution amending Approve Resolution No. 2517. Motion carried tUJanimously. ~ -- B. mol' License Renewal - Pearl Street Station - 412 l>e~rl - RMB - Corom Mr. Keller IOC>ved seconded by Mr. Haws to recommend approval. 7/7/76 Motion carried unaniI1[)us1.y. Approve Add since committee: Meier & Frank, Valley River Center (DA and PS) Approve Sam's Place, 825 Wilson Street (RMB) C. Appeal from Decision ot Zoning Board Denying Variance to Allow Duplex at 3888 Robin - (James and Company, for Carl Petersen) - Comm Mr. Keller moved seconded by Mr. Haws to call a public hearing 717/76 for July 26. Motion carried unaniIOC>usly. Approve D. Segregatio~.of Assessments - NW corner of Barger and. Laurelhurst - SE 76-6 Allen Colburn, 1460 willow Creek Road Comm Mr. Keller moved seconded by Mr. Haws to approve. Motion 7/7/76 carried unanimously. ilpprove E. Improvement Petitions A. Sanitary sewer on Delta Highway from Goodpasture Island Road to Country Club Road - 47% petition (ZOO% paid by developer) B. pav~ng Coun:ry Club Road from Valley River Way to Delta Highway-55% petition C. pav~n~, San~tary Sewer and Storm Sewer within Alex-A Subdivision _ 100% pet~t~on, except 62% of sewer outside city. comrr. Mr. Keller moved seconded by Mr. 7/7/7 Motion carried unaniIOC>us1.y. Haws to approve the petitions. Approve 7/12/76 - 6 351 F. Temporary Mobile Office - People's Bank - NE corner Pearl and Broadway Letter from Peoples Bank and melOO from Building Inspector recorrunending approval Corrun subject to l8-lOOnths 'time limit have been distributed to Council. 7/7/76 --- Mr. Keller lOOved seconded by Mr. Haws to call a hearing for July 26. Approve Mr. Williams wondered if he had a conflict of interest, since he is a director of another bank. Assistant City Attorney Stan Long responded that he would not be in conflict in voting on the hearing date; he said he would respond before July 26 on whether Mr. Williams would be in conflict in voting at the hearing. Vote was taken on the motion which carried unaniuously. G. Revision of Juvenile Code - Memo from Chief of Police and report have been distributed to Council members. Assistant Manager explained that the Police Chief is requesting Council endorsement of his position on juvenile code revision as he will be making a presentation before the Legislative Interim Commdttee which is revising the juvenile code. Chief Allen will be speaking as President of the Oregon Association of Chiefs of Police and also wishes to speak as a representative of the Eugene Police Department. Manager explained that the two areas of concern are: 1. The 72-hour hold period for runaways. In most cases, that is not enough time to deal with the child in an attempt to work out problems. Once released, they often run away again. 2. Out of control children, whose parents often report them as runaways to insure that they will be held for at least three days. However, since the law went into effect in September, Eugene Police Department statistics show a decrease in reported runaways and out of control children but a marked increase _in minor juvenile crimes. The result is a juvenile record instead of a status orfense record, and law enforcement orricials question whether this is in the e best interests or the children. It was Mr. Bradley's understanding that the 72-hour limitation is the time a juvenile may be held before a judicial hearing is required to determine whether to detain the child further. He is in favor of the 72-hour period in order to get the court involved earlier and attempt to work out problems. Manager responded that, regardless of intent, the court may not be getting involved due to heavy dockets, lack of available judges, etc. Mr. Bradley referred to the last portion of the Police Department melOO regarding the possible changing of age from 18 to 14 for all adult court Jurisdiction. He would be opposed to the age lowering, feeling it would bring the child into the criminal process too early. He also said that he thinks the juvenile officials wish to extend th e pe:dod of holding time so that they might get involved with possibly no hearing held, since, once the hearing is held, the child is caught in the criminal process. It was understood further discussion would take place at the July 7 Comm Commi ttee meeting, when Chief Allen could be in attendance. f./30/76 H. Appointments Affirm 1. Garbage Board - Mayor Anderson announced the appointment of Fred Farrand, , 2847 S. Louis Lane, to replace Charles Teague on the Garbage Board. 2. Library Coordination Project - Mayor Anderson appointed Mrs. Beal and Mr. Comm Williams to serve on the ad hoc committee to meet with the Library Board 7/7/76 on charter revision. e Affirm 3. Youth Corrmittee - Mayor Anderson appointed Mrs. Shirey and Mr. Haws to meet with ~~resentatives of the Youth Committee in developing a proposed ordinance for a Youth Commission outside the Human Rights ordinance. 7/12/76 - 7 350L I. Street Vending - Mr. Murray requested that a future Committee agenda include Comm discussion of the ordinance concerning street vending. 7/7/76 File _ J. Election Returns Analysis - Mr. Haws expressed interest in receiving an analysis of the voting in the June 29 City Budget election. It was understood COllUll that the Community Relations Director would have that analysis available 6/30/76 shortly. file K. Lincoln School Survey Costs - In answer to a question arising at the June 28 Council meeting regarding a bill submitted for approval on the Lincoln School and community center project, Manager distributed a report from Parks showing.. the hours spent and work done. Staff feels all work was billed COllUll correctly and that all work done was necessary. Parks Director added that 6/30/76 the building never has been surveyed and some aspects were critical with File regard to the ulJdel:pinnings of the building. Some overtime costs were incurred in order to expedite the enL.ire process to reach completion before school resumes. Manager noted too that the project was borne through community development act financing. L. Mall Activities - Mr. Murray asked for a progress report on mall activities. Parks Director Ed Smith said the roving vendor applications have been Comm reviewed. Some applicants are having trouble meeting health standards, but 7/7/76 there are three good possibilities. Mr. Smith noted there was some change of File interest when the Public Market opened. M. Charter Update Review.. Information transmitted to Council June 16. In answer to a question at the June 23 Committee meeting regarding a council e member's failure to attend regular consecutive meetings, Manager distributed rewording of Section 23 which states that "an office of councilor becomes vacant: whenever its incumbent faLls to attend two consecutive regular meetings of the council, unless absent upon leave of the council first obtained. " . . . Mr. Williams requested clarification of what constitutes a regular meeting. Comm Assistant City Attorney Stan Long replied that a regular meeting is the 6/30/76 first meeting of the month, the second meeting being an adjourned one. File A person attending an adjourned meeting is deemed to have attended for that month. Mr. Williams suggested that, if the council were to define the second and fourth Mondays as regular meeting times, an individual's office would be declared vacant if he or she missed the two meetings in one month. Mrs. Beal wondered why the Mayor may be granted a longer leave than a council member. Mr. Long thought one reason might be that the Mayor does not vote regular1y. - It was council consensus that Section 23 should provide that the maximum allowable leave granted shou.Zd be 90 days for both Mayor and Council members. Assistant City Attorney Orval Etter pointed out that absence from two consecutive meetings vacates a council member's office but that provision does not apply to the Mayor. - After discussion, it was Council consensus that the wording in Section 23 shou1d read that the office of Mayor becomes vacant whenever its incumbent is absent from the c_ity for a period of 30 days. 7/12/76 - 8 353 At Mr. Williams' suggestion, it was Council consensus that wording in Section 23 should read that an office of councilor "may be declared vacant" rather than "becorres" vacant. It was also council consensus that "may be e declared vacant" be inserted as applies to any other elective city office. Chapter 4, City Manager, was reviewed. It was noted that, as revised, the manager pro tem may appoint or dismiss a department head only with the approval of the council. Mr. Williams wondered if that approval would be blanket authority or granted individually. City Attorney's office said that it could be either. Mr. Williams raised a question on Section 16 (1) (e) which states that a councilor and/or mayor may not influence the manager in appointing or dismissing city personnel. Assistant City Attorney Stan Long clarified that it is allowable for a councilor or mayor to make a report about an incident but that suggesting action to be taken is not proper. Mr. Williams stated that he did not see anything wrong with "attempting to influence", that coercion or force would of course be disallowed. Mr. Long responded that there is a difference between a "report", to which the manager may respond in a number of ways, and suggesting to him that he should take a certain action. Because Council hires the manager, he said, a suggestion from a councilor may be regarded as a direction. In Section 16(1)(e), Mr. Bradley wondered if the wording "any appointment to any city office or employment" included corrmission and board appointments. Since those appointrrents are not made by the city manager, Assistant City Attorney Etter suggested the sentence read, " any appointment by the manager." . . . Discussion was held on Section 16(3) which states that manager and department e heads may be selected from out of city candidates but that during their tenure all persons hereafter appointed shall reside in the city. The section also states that employees appointed by the manager shall reside in the city when appointed to and during their tenure, except as the Council authorizes the Manager to the contrary. This latter provision reflects the wording, in essence, of the past charter except that the Council authorizes the Manager to make exceptions rather than the Council authorizing such directly as in the current charter. It was noted that the only really substantial change in this section stipulates that future department heads must reside in the city. Mayor Anderson feels all employees should reside in the city, without exception. It is a matter of practicality and sound economics. He suggested striking the words "appointed by the manager" from Section 16 (3) to read that "all employiJes shall reside in the city". It was understood that that suggestion would be looked at only as regards future appointments and present understandings and agreements would be maintained. Mr. Bradley disagreed that all city employees should live in the city. He feels it is depriving a person of his/her choice of where to reside. Mayor Anderson responded that it would be a condition of employment - he/she can choose not to be employed by the city. Mr. Williams is troubled by any requirement that anyone be required to live any certain place at any time. . At Manager's suggestion, the words "when appointed to" were removed from the sentence in Section 16(3) reading, "All employees appointed by the Manager shall reside in the ci ty during their tenure of posi tion. " . . . . . 7/12/76 - 9 3Slf , A question was raised on the fact that both the librarian and EWEB employees e a:e e~~~u~ed_from the operation of Section 16. Mr. Etter explained that, if the revised charter is adopted, it would change the legal basis of the library operation. Now, the library's legal foundation is in the statutes of Oregon. In the charter now, there is no authority for the city to have a library; but, under the new charter, the general grant of powers will include the power to have a library. The city could then operate under the state statutes or the charter - the council could prescribe whatever relationship it desires between the council and 1ibrary. Mr. Long said such a switchover might pose difficulties - the attorney's office would need to look at the mechanics. It perhaps should go to a subcommittee as well. It was understood the matter would go to a subcomndttee. Charter Review - Changes to draft previously approved were distributed to Council. Chapter V, Municipal Court, was reviewed. Mr. r1illiams ",'ondered if it is customary for the municipal judges to be appointed by Council. Orval Etter, City Attorney's office, said the pattern in Oregon is for Council to appoint. Corom Chapter VI, Muni.cipal Officers and Employees .in General, was reviewed. Mr. 7/7/76 Williams wondered if the term "resided" referred to a legal residence or the File place where an individual spends the most time.. Mr. Etter said his understanding was that it is a requirement that the person be domicile in the city, that the person e intend to reside there and physically be present at some time or another. There must be a combination of intent and presence. Manager noted that staff did not wish to tamper with Chapter VI, Section 18, which states that the mayor and councilors shall receive no pay for their servIces and the compensation of other officers shall be prescribed by the Council. Reluctance to tamper with the counci.1 compensation issue stems from defeat of such proposals in the past. Manager also stated that much data is available showing that Council-Manager cities such as Eugene generally do provide modest compensation to Council members. Mr. Murray felt that the charter should be revised with some sense of permanence and that 'perhaps options for Council compensation should be kept open should a change be desired in future years. Mrs. Beal thought that any future compensation shoul d be a certain percentage of the salary of the ci ty Manager or some other staff official. That would put a ceiling on the salary and keep it in line with inflationary trends. Mayor Anderson feels personally reluctant to tamper with the provision at this time, since it could endanger the passage of the charter revision. Possib.ly a separate amendment could be cons.i.dered l.ater. Mr. flamel., Mr. Keller and Mr. Williams also fe.I t the issue should not be surfaced at this time . Mr. Murray questioned the provision that compensation of other officers be prescribed by the Council. Mayor Anderson responded it is a protective clause since COlJ!1cil members may at: any tiIlE examine the recommendations of the . Manager. 7/12/76 - 10 355 . Mr. Murray suggested adding "upon recommendation of the City Manager" after "the compensation of other officers shall be prescribed by the Council". Mr. Williams wondered if Council could then have any action other than simply e accepting the recommendations. Mr. Etter responded that, in the Council-Manager form of government, that is already happening. Assistant Manager expressed a concern only as it relates to the power of the manager to negotiate on the Council's behalf. He said that staff would like to look at the language before any decision is made. Mr. Murray wondered if it would be of value to simply omit any reference to Council member compensation and have council adopt an ordinance saying whether it shall be paid. Mr. Etter said that the ball would be entirely in the hands of Council, subject to budgetary requirements, and Council could compensate itself. On Chapter VI, Section 20, Election of Officers, discussion was held on runoff elections should no candidate receive a majority. Mayor Anderson felt that officials should be elected by a majority. He does not feel the expense involved in a runoff election is prohibitive - too, the campaign process could be policed. Mr. Murray is concerned with the expense in electioneering, and Mrs. Beal was concerned that a runoff election would not produce much voter turnout. Too, the campaign time and hardship on candidates is greatly increased. She suggested that, perhaps if an election were held in September or October, with runoff in November, it would not involve such a long drawn out process. Mr. Etter explained that, under the Oregon constitution, city officials must be elected at the same time at which state and cowlty officials are elected. It was pointed out too that, if a candidate receives a majority at the primary, that is tantamount to electi01J; that name would be the only one appearing on the e November ballot. It was understood that Mr. Etter would prepare an amended section to Chapter 3, Sections 6 and 7, involving majority provisions. It was also understood the EWEB subconmuttee would discuss whether to include EWEB in the provision. ~ On Section 24, an issue has been raised as to how EWEB vacancies will be filled and the EWEB subcormnittee will be discussing it before any changes are made to the section. Section 25, Collective Bargaining, will also be discussed in s ubcommi. t tee and brought back to Co unci 1. Mrs. Beal raised a question on Section 26, Liability for Unauthorized Expendjtures, subparagraph (2), regarding the term "void" evidence of debt. Mr. Etter explained that it means any indebtedness that has been incurred in an illegal manner. "Void" means it was never valid in the first place, as opposed to a valid debt which has been paid and therefore canceled. Mrs. Beal wondered if the entire subsection could be eliminated; staff responded that the Finance Director has studied the matter and his response would be brolJqht back. ; Chapter VII, Ordinances, was reviewed. Section 28 on adoption of ordinances is a new section, and Mr. Etter said it is a central feature of most charters in Oregon. Discussion was held on the fact that many ordinances have emergency clauses at the beginning. It was pointed out that ordinances become effective after e 30 days without an emergency clause. Addition of the clause facilitates Council's actions and is the only way constitutionally to have an ordinance become effective immediately; to not do so would seriously hamper such matters as public works projects with regard to time element for legal notices. 7/12(76 - 11 ..35~, -.-.. --_. - --. - ..._-- , Mr. Williams moved seconded by Mr. Hamel to delete the language "necessary to meet an emergency" from Section 28(2). Motion failed, Mr. Hamel, Mr. Williams and Mrs. Beal voting aye and Mr. tt Haws, Mr. Keller, Mr. Murray and Mrs. Shirey voting no. A question was raised on the role of the Council President when the Mayor is absent. It was noted that Section 5 provides that the Council President shall assume duties of the Mayor in the Mayor's absence. Questions were raised on tie breaking and veto power. Assistant City Attorney Stan Long thought the entire area should be clarified. A show of hands indicated that both Mr. Hamel and Mr. Williams would object to the right of the Council President to vote w,hen acting as Mayor. If he would continue to vote, they felt he would not be assuming the duties of Mayor as provided. It was suggested that perhaps the Council President should remain a councilor if serving as Mayor on a short term basis, but that a lOC>re complete role could be assumed for long-term Mayoral absences. Mrs. Beal disagrees that the Council President should assume full duties of the Mayor, since he/she was not elected to fill that role. Mr. williams feels, however, that someone serving in the capacity of the Mayor, whenever and whomever it may be, should have full powers. An effective check, he said, is that, if the Mayor is dissatisfied with the Council President, he does not have to leave town. Mr. Murray moved seconded by Mr. Wil.liams to have language drafted that would designate the Council President as Acting Mayor, with all incumbent responsibilities and restrictioTls of the role, in the event that the Mayor is absent for lOC>re than 30 days. Assistant Manager raised a question as to whether the duties of the Council e President, when acting as Mayor, would include the right to make appointments. Mr. Murray would think appointment pri.vi.leges would tie in aJ.so. ~ Vote was taken on the motion which carried, Mr. Hamel, Mrs. Shirey, Mr. Murray and Mr. Williams voting aye, Mr. Haws and Mr. Keller voting no and Mrs. Beal abstaining. It was noted that the sections on referendum and recall were omitted. Mr. Etter explained that the constitution and state law adequately cover both. Mr. Murray wondered if it would be satisfactory to simply state that the initiative, referendum and recall powers exist by state law and are defined therein. Mr. Etter suggested that there be appended to the charter a section stating why certain things are not included, and clarifying that there is considel'able applicable law. Chapter VIII, Elections, was reviewed with no changes made. It was understood that the July 14 Committee meeting would commence at 11:30 A.M. to give opportunity for completing review of charter revisions. N. City Manager Absence - Manager stated that he has been asked by the National Science Foundation, along with a few other city managers, to attend Comm meetings at NSF expense in washington July 12-14, relating to NSF sponsored 7/7/76 research projects for urban areas concerning energy conservation and effects File on environment, productivity in the public sector. Assistant Manager will take Manager's place at July 12 Council meeting and July 14 Committee meeting. . o. Planni:...~ Fees...2.nd ~osts - Report was distributed to Council. Manager explained Comm the matter will be taken to the Assessment POlicy Comm.ittee. 7/7/76 File 7/12/76 - 12 .351 Mr. Keller moved second by Mr. Williams to approve, affirm, and file as-noted Items A through O. Rollcall vote. Motion carried, e all Council members present voting aye. VI - Ordinances Council Bill No. 1188 - Paving Country Club Road from Valley River Way to Delta Highway (1327) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be ,considered at this time. Motion carried unanimously and the bill was read the second time by council bill humber only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All 'Council members present voting aye, the bill was declared passed and numbered 17706. Council Bill No. 1189 - Adopting plans and specifications for paving Country Club Road from Valley River Way to Delta Highway was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council e bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17707. Council Bill No. 1190 - Sanitary sewer on Delta Highway from Goodpasture Island Road to 600 feet south (1267) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17708. Council Bill No. 1191 - Adopting plans and specifications for sanitary sewer on Delta Highway from Goodpasture Island Road to 600 feet south was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at e this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17709. 7/12/76 - 13 358 Council Bill No. 1192 - Paving streets within Alex-A Subdivision (1293) was read by council bill number and title only, there being no Council member present requesting that it be read in full. It Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17710. Council Bill No. 1193 - Adopting plans and specifications for paving streets within Alex-A Subdivision was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and~that enactment be:considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All council membersspresent voting aye, the bill was declared passed and numbered 17711. Council Bill No. 1194 - Sanitary sewer and storm sewer within Alex-A Subdivision and sanitary sewer on Robin Avenue extended from Alex-A e Subdivision west to Ruskin Street and on Dove Lane adjacent to Alex-A~Subdivision (1293) was read by council bill number and title only, there being no Oouncil member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time2by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17712. Council Bill No. 1195 - Adopting plans and specifications for sanitary sewer and storm sewer within Alex-A Subdivision and sanitary sewer on Robin Avenue extended from Alex-A Subdivision west to Ruskin Street and on Dove Lane adjacent to Alex-A Subdivision was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the.second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed . and numbered 17713. Council Bil,lNo. 1196 - Sanitary sewer on Cross PLace from Cross Street to 400 feet north (1279) was~-read by council bill number and title only, there being no Council member present requesting that it be read in full. .\ ,.7/l2/76 - 14 3Sl.) Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at - this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17714. Council Bill No. 1197 - Adopting plans and specifications for sanitary sewer on Cross Place from Cross Street to 400 feet north was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of .the Council, and that enactment be :considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17715. Council Bill NO. 1198 - Paving streets withinDakota Subdivision (1265) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill - number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be appoved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17716. Council Bill No. 1199 - Adopting plans and specifications for paving streets within Dakota Subdivision was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All council members present voting aye, the bill was declared passed and numbered 17717. Council Bill No. 1200. - Sanitary sewer and storm sewer within Dakota Subdivision was read by council bill number and title only, there being no Council member present requesting that it be read in full. ~ Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number only, with unanimous consent of the Council, and that enactment be considered at this time. Motion carried unanimously and the bill was read the second time by council bill number only. 360 7/12/76 - IS - Mr. Keller moved second by Mr, Hamel that the bill be approved and given final passage, Rollcall vote.. All Council members present voting aye, the bill was declared passed - and numbered 17718. Council Bill No. 1201 - Adopting plans and specifications for sanitary sewer and storm sewer within Dakota Subdivision was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Keller moved second by Mr. Hamel that the bill be read the second time by council bill number orily, with unanimous consent of the Council, and that enactment be considered at this time.' Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Keller moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. All Council members present voting aye, the bill was declared passed and numbered 17719. VII - Resolutions Resolution No. 2530 - Amending Resolution 2517 (adopted 6/l4/76):'r.e: Ambulance rates was~read by number and titl~. Mr. Keller moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2531 - Calling hearing July 26, 1976 re: Temporary trail er.::office - at northeast corner of Pearl and Broadway (People's Bank) was read by number and title. Mr. Keller moved second~by Mr. Hamel to adopt the resolution. Ro!1call vote. Motion carried, all Council-members present voting aye. Resolution No. 2532 - Authorizing payment of bills, claims, and progress payments for period June 28 through July 12, 1976 was read by number and ti tie. Mr. Keller moved second by Mr. Hamel to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Upon motion duly made, seconded, and carried, the meeting was adjourned to Wesnesday, July 14, 1976, at 1:30 p.m. - $~ A. K. Martin Asst. City Manager . 7 /lZ /76 -"- 16 3~1