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HomeMy WebLinkAbout07/19/1978 Meeting . M I NUT E S EUGENE CITY COUNCIL - July 19, 1978 Adjourned meeting from July 12, 1978, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 11:30 a.m., July 19, 1978, King's Table, Oakway Mall, with the fOllowing Councilors present: D. W. Hamel, Ray Bradley, Tom Williams, Eric Haws, Jack Delay, Scott Lieuallen, Brian Obie, and Betty Smith. I. Public Hearings Carried Over from July 12, 1978, Meeting A. Street/Easement Vacations Assistant Manager noted the public hearing had been opened July 12 on these routine items and was to be continued today. Public hearing was continued and closed, with no testimony presented. C.B. 1715--Vacating easement located on southeast and northwest corners of Breezewood and Todd Streets (Westover.)(EV 77-10) was read by council bill number and title only, there being no Councilor present requesting it be read in full. - Mr. Hamel moved, seconded by Mr. Bradley, 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present I voting aye, the bill was declared passed and numbered 18222. C.B. 1716--Vacating easement located between Pine Canyon Drive and Emerald ~ Street (Lemke)(EV 77-12) was read by council bill number and title only, there being no Councilor present requesting it be : read in full. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read the second time by council bi 11 number only ,wi th unanimous i , consent of the Council, and that enactment be considered at this ti me. Motion carried unanimously and the bill was rea4tne second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradley, that the bill .be approved I and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18223. i e 7/19/78--1 502. C.B. 1717--Vacating easement located between Happy Lane and Russet Drive (Wilson)(EV 78-1) was read by council bill number and title only, there being no Councilor present requesting it be read It in full. Mr. Hamel moved, seconded by Mr. Bradley, 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18224. C.B. 1718--Vacating street, that portion located south of Riverview Street and Augusta Avenue (Hendrick's Hill Development)(SV 77-7) was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present - voting aye, the bill was declared passed and numbered 18225. B. Community Development Program Amendment Assistant Manager noted the public hearing had been continued from July 12, 1978. The Community Development Block Grant regulations require that a program amendment be submitted to HUD whenever fund transfers exceed ten percent of any single grant and/or when any program not a part of an already approved grant are added. The last program amendment was May 17, 1977. Since that time a number of modifications had been made to the CD program. Public hearing was continued and closed, with no testimony presented. Mr. Hamel moved, seconded by Mr. Bradley, to approve the Community Development Program amendments for years 1975-76, 1976-77, and 1977-78. Motion carried uryanimously. II. Park Rules Ordinance Assistant Manager said the Council ad hoc committee July 12 had opened the discussion on the ordinance. The proposed ordinance is written in an attempt to secure better enforcement and sounder legal base for regulating use of park facilities. The process would be more open to public scrutiny. e 7/19/78--2 5()3 I , I I ~ t As had been noted at last week's meeting, the Council can modify the rules if it so desires. A major change would be to establish a new process II whereby the director of the Parks Department will have authority to enact new rules, subject to public appeal by petition to the Council. ~e noted I the Council had received a copy of the ordinance, as well as the rules and , regulations, and staff was recommending approval. I I , I C.B. 1714--Concerning Department of Parks and Recreation; repealing ! Section 4.270, 4.335, 4.900, 5.155, 5.620, and 5.625 of Code, I I 1971; amending Sections 2.007, 2.391, and 2.1990 of that Code; I adding Sections 2.812, 2.813, 2.814, 2.815, 2.816, and 2.817 to the Code; and declaring an emergency was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read the second time by council bill number only, with unanimous I consent of the Council, and that enactment be considered at I this time. t f Mr. Obie was concerned regarding whether or not the public had been \ I apprised of the new rules and regulations and the ordinance. Assistant Manager noted the agenda item had been well advertised and no public ~ testimony had been received at last week's meeting. Mr. Obie then wondered t ~ to what extent the Council was releasing its powers to the administrative ! level. Assistant Manager replied actually very little. He said what was I more accurately happening was a process of administrative regulations which will require more public scrutiny and notice. The Council will i -- always have the prerogative to change the ordinance in any way, and the I staff will keep the Council apprised of the rule changes. He noted the \ entire City Code is replete with delegation to the City staff of various I , I responsibilities. At any time there is an expansion of that responsibility, I it is a matter for City Council to consider and delegate. In the past, , park rules and regulations have not had an adequate basis in the Code to , , ! allow effective enforcement. This ordinance would clarify that matter and , also open the process for public scrutiny. Mayor Keller noted also if the I Council felt it was not adequate, the ordinance could be changed at a later date. Assistant Manager also noted the two-step process before the rules and regulations would be in force: A notice of public hearing for proposed changes, and a 30-day lapse before the rules would go into I effect. Council will receive notice of the public hearing and the proposed ; rule changes. Assistant Manager also emphasized the appeal process in which an individual or group can present its case to the Council. , Vote was taken on the motion, which carried with all Councilors present voting aye, except Mr. Obie voting no. Lacking unanimous consent, the council bill will be held for second reading to July 26, 1978. III. Resolutions Carried Over from July 12, 1978, Meeting Assistant Manager said the first three resolutions were routine improve- ment petitions. Resolution No. 2957 had been discussed at the Council tit meeting July 12, with no public testimony given. 7/19/78--3 54'1- Res. No. 2954--Authorizing initiating process for street paving, sanitary sewer, storm sewer, and sidewalk construction on Lewis Street from Van Buren to Jackson Street (1597) was read . by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. Res. No. 2955--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within and adjacent to CJH Estates Subdivision and Alban-Tate Subdivision (1298 & 1493) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. Res. No. 2956--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction to serve 1st Addition to Sweetbriar Subdivision; and sanitary sewer construction to serve the area within 160 feet of the east boundary of 1st Addition to Sweetbriar Subdivision (1584) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. Res. No. 2957--Authorizing loan of $480,000 from Sewer Utility Fund to the Parks Open Space Acquisition Fund was read by number - and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Roll call vote. Motion carried unanimously. IV. Other Items Recommended for Approval July 12, 1978 A. Eugene Renewal Agency Appointments: Fran Gnose, 2223 Olive Street and Stephen Shepard, 1941 B West 17th; for four-year terms ending 7/10/82. Assistant Manager said because of the Code requirements that City Council must interview finalists and make appointments to the Eugene Renewal Agency, it was necessary to make a separat~ motion for appointment. Mr. Hamel moved, seconded by Mr. Bradley, to ratify the action of the Subcommittee July 12, 1978, and appoint Fran Gnose and Stephen Shepard to the ERA. Motion carried unanimously. B. Authorize experimental burn on City property located at airport. C. Approval of new liquor license: Of Grape & Grain, 160 Oakway Road (PS), subject to conditions. - 7/19/78--4 505 I . , D. Approval of Council minutes June 28 and 29, 1978. - Mr. Hamel moved, seconded by Mr. Bradley, to approve minutes of ad hoc Council Committee July 12, 1978, and Special Council meeting July 12, 1978, and actions taken on above items. Motion carried unanimously. V. Items from Mayor and Council A. Air Quality Maintenance Advisory Committee--Mr. Delay said the meeting was scheduled for this evening, 7:30 p.m. in the Federal Building. B. L-COG Meeting--Mr. Haws announced a meeting this evening, 7:30 p.m., in the Lane County Board Room. He requested Council advise him of any input before that meeting. C. Civic Center Commission Appointments--Mayor Keller distributed a list of recommended appointments for the Civic Center Commission. He recognized the process used by Council a year ago in adopting an ordinance for membership on the Commission has subsequently changed, noting some members were nonresidents of the city. He included in his recommended list for appointments ten reappointments and five new appointments; the latter would represent a portion of the current project that was overlooked last year. Mr. Obie said he had read the ordinance passed last year, and wondered - why there was going to be a change. Mayor Keller said staff would be drafting a new ordinance to reflect his suggested recommended appoint- ments. There would be five members with three-year terms on a rotating basis. The new ordinance would outline the new responsibilities for the Commission. Mr. Lieuallen noted for Mr. Obie one reason for making the change was to appoint city residents and also because some terms had expired. Mr. Obie was still concerned as to why the present ordinance was being replaced. Assistant Manager said the basic functions of the Commission had been concluded with the exception of the recommendation regarding the management of the facility. The project was now going into a new set of activities and responsibilities such as the design review, construction process, and management. The ordinance will change once again as the third phase regarding the operations of the facility come into focus. Mayor Keller noted that Council could either act on the appointments now, or delay action for a week's time. D. Minorities Commission--Memo distributed announcing the resignation of Lewis Merrick, with a suggestion that the first alternate, Victoria Wallace, 2133 Kincaid Street, be appointed to fill the term ending January 1, 1979. - 7/19/78--5 5D' Mr. Hamel moved, seconded by Mr. Bradley, to accept the resigna- tion and to approve the apPointment of Ms. Wallace to the Minorities ~ Commission. Motion carried unanimously. . E. Visiting Japanese Student Delegation--Assistant Manager reminded Council of the reception scheduled Monday, July 24, 7 p.m., in the McNutt Room. F. Summary of Wage and Salary Adjustments for FY 1978-79--Assistant Manager noted distribution of the memorandum to Council. G. Councilor's Vacation Schedule to September 1, 1978--Distributed. Assistant Manager noted August 9 two Councilors will be out of town and cautioned if any other Councilor were to be absent from that meeting, it would create a quorum problem. VI. Civic Center Project: Discussion--Memos distributed. It was the consensus of Council that public testimony would be taken at today's meeting. Betty Smith noted a possible conflict of interest and would, therefore, abstain from discussion and voting. However, she hoped that the process for consideration of selection of the architect could be as open as possible, noting it to be a very important process. She also hoped Council would look for a qualified architect for this project. Also, she said she hoped Council would take seriously the interest of the citizens - in the community and listen to their input. She noted the high interest this item held for her and her participation in the project over the past few years. She hoped Council would be very professional and thoughtful in its considerations. She was then excused from this portion of the meeting. Assistant Manager noted that the Chairman of the Civic Center Commission had requested guidance from the City Council, as he wanted to ensure that judgments and decisions made affecting the project would be supported by all involved. Assistant Manager then summarized staff's memorandum outlining a three-step process. Step 1: To identify the criteria to be used in selecting an architect and consultants on the project, and to determine whether or not it would be a local architect. Staff was attempting to keep the process open, objective, and allow public input within the time restraints and escalating costs. Step 2: To determine the relationship between the Council, the Civic Center Commission, and staff: Considerations would be whether or not to request new proposals, to establish a screening committee to review proposals and to make recommendations for final review selection by the City Council and Civic Center Commission. Step 3: To determine the ongoing relationship between the Council and Commission through the construction phase: A matrix graph was distributed to Council, and a request that Councilors complete and return it as soon as possible. The results would then be summarized and presented at the e August 2 meeting. 7/19/78--6 5~ I -- In response to a question from Mr. Lieuallen, Assistant Manager said the process could be to use the architect selection criteria presented to .- Council, to hire an outside consultant, to establish a screening committee of six members (two City Councilors, Mayor, representatives from Civic Center Commission, project director, and City Manager) to then screen the 27 proposals. Staff was recommending Council authorize hiring a consultant with no direct interest in the project to help the screening committee assess the applications. The degree of involvement of that person would be deter- mined by Council. From the 27 applications, only those who are qualified would be requested to make presentations before the Council and Commission. At that time, final presentations would be called for. Mr. Lieuallen thought the idea of having an outside consultant in whom Council could have confidence, a person who was not involved in the project and would not be involved with the candidates, would be very helpful in an advisory capacity in the selection process. He said the next issue would be whether or not a local or national firm would be selected. The architectural community in Eugene feels fairly confident there is someone in the area (either Oregon or the Euene metro area) who would be qualified. He noted it would be necessary to rely heavily on consultant's services in the technical areas (theatrical and accoustical). He questioned who would hire the specialized consultants: the architect? the ci ty? He suggested perhaps a melding of the two might be the best with a review process by the Council and constant communication between all those involved. - Mr. Obie felt it unfortunate that this item was placed on Council's agenda. If Council felt uncomfortable with the Commission's actions, then Council should tell the Commission what actions it wishes the Commission to make. He noted the cost of $5,000 per day for each day's delay in the process and felt that a high price to pay for gOing through this process. He was prepared to support the direction of the Civic Center Commission and felt the course the Council is now taking to be a mistake regarding the dollars being lost. He felt the concerns expressed could be dealt with at the Commission level and could save the City many dollars. He di d agree that the screening committee could use outside expertise in the form of a specialized consultant. Regarding technical consultants on the project, he felt the prime architect should hire that consultant with the Commission ratifying that decision. This would make the architect the responsible party to the Commission. Regarding the ultimate decision on the architect, he felt an open. process to be the best and preferred -a joint session between the Commission and Council so all would have an opportunity to make that decision. Mr. Williams was also supportive of having an outside expert as a consul- tant to the screening committee, noting the $18 million project was a very large and difficult one with capacity for errors to be substantial. He felt having someone who was working for the City and who wanted to see a good job done would be a very prudent judgment. He agreed with Mr. Obie that the technical consultants should be made responsible to the prime architect. e 7/19/78--7 S08 Public hearing was opened. James Aday, 754 West 12th, expressed support for the process as outlined - in the staff's memo. He expressed concern regarding community input in the development of the operation and the choice of the architect, and expressed support of the sound ideas from staff in that regard. The architect selection process under staff Alternate B was his choice, noting the Civic Center Commission should be actively involved but the Council should have final approval. He again expressed concern regarding community involvement in the whole development program and usage and philosophy. Jim Williams, Arts Alliance Representative, 2083 Garfield, had a statement unanimously adopted by 35 members of the various local arts organizations. The Arts Alliance recommended reconstitution of the Civic Center Commis- sion to 11 members representing the performing arts community. Regarding the selection of an architect, he felt the Commission should be reconsti- tuted so it is representative of the variety of artists from the community. Criteria to be used for selecting the architect should include a distinct program for receiving public input regarding the specific design of the facility as it affects artists. He felt the members of the Commission should be those with a very real commitment to work, and those with a good attendance record. Criteria for the architect selection should be made specific to the artists' input. Steven Wood, 971 West 10th Avenue, represented the Willamette Community Design Center and entered a prepared statement into the record. He said this project was very important to the City and noted the long-term e investment is very critical in terms of the design and construction. The staff recommendation to involve an expert is a good one. Criteria them- selves need more direction from the City Councilor Commission as to what kinds of things should be emphasized, i.e., public involvement. Robert Harris, 1750 Kona, represented the Architect Selection Committee of the local chapter of the AlA. Regarding the issue of a local/national architect, he said Council was faced with the issue of obtaining the best expert advice and linking that to local expert advice. Proposals should be reviewed to ensure those that seem qualified assure the Council that they have expert experience regarding theater design. He said if the same 27 proposals were used, he believed those proposals ought to be reviewed as they had been received last year and not separated or adjusted. He estimated only three weeks time needed for submitting invitations and gathering new proposals, and he felt it would be more appropriate to proceed in this manner. Regarding the architect/consultant working relationship, he felt the consultant should be hired by the prime architect with the Councilor Commission's approval. The selection committee as proposed seemed satisfactory if the members of the Commission represent the principle users of the facility. He supported the suggested use of a professional consultant to the screening committee. He raised the question of management of the bonds, and suggested perhaps investment of those funds while waiting for this process to be completed. In this manner Council would not feel it had to act expediently and perhaps tend to disallow some public input in the process in order to save money. - 7/19/78--8 5~ I Arlen Swearingen, 2210 Charnel ton Street, said he would like to see Council not preclude the Commission from considering and making recommen- - dations about the legal responsibility of the architect. If there is more than one architectural firm in the design and construction, it is possible that both could be legally responsible to the City. He endorsed the I proposal that the prime architect should be responsible to retain the I consultant for the accoustical and theatrical portions of the project. f i Regarding comments of only performing artists being users of the facili- ; ties, he said he felt all citizens of the community would be users, even though they might not be performers. Steven Marshall, 162 Ash Street, represented the Oregon Repertory Theatre and Arts Alliance. They supported reorganizing the Commission to 11 members and felt it essential that performing artists be represented on the Commission to direct input on the design, etc. He felt it important ~ for the relationship between City Council and Commission in the architec- i tural selection process be well defined. Lou Elliott, 1591 Sylvan Street, supported the statements made previously f by Mr. Harris, especially the input of the community and the possibility that the open process may not be used to its full extent because of the expediency in time and the cost of dollars. A short recess was taken. r Assistant Manager said the points made during the public hearing were . very important. A development of a work program that identifies times ; e for public involvement is an item that should not be minimized. In several of those selection criteria categories there are phases where the j City Council and others can give that high value. Regarding the manage- ment of dollars by the City, he said there is a long established cash-flow , i investment program and the City would be very aggressive in that regard. The question of when to sell bonds is a very technical matter that is f continually evaluated in the Finance Office. 1 Returning to the memorandum from staff, the first step--selection criteria, ~ Assistant Manager said the criteria should be used by everyone who is i I involved in the proposal evaluations. He said the emphasis given each category will vary for each person. However, it was felt the criteria for I the architect evaluation is a reasonable approach for selection. : Mr. Delay questioned whether or not Council should proceed on the basis of the 27 proposals already submitted, or whether there should be a resubmission of proposals. Assistant Manager said staff had reviewed that very closely. The time involved is of grave concern. It was felt those 27 proposals submitted in a timely manner should be the ones used for the screening process. He said those proposals basically match the criteria as outlined in the memorandum. - 7/19/78--9 6/0 Mr. Lieuallen felt the question depended upon how City Council decided to act, whether or not the architect would be local. Dean Baumgartner, -- Civic Center Project Director, said of the 27 proposals, ten were local and 17 outside the metro area. Mr. Lieuallen then said as Council decided to look only at local firms, it should explore the possibility of whether or not there may be other firms in the Eugene area who would be acceptable and who would want to submit a proposal. Mr. Hamel did not believe Council should restrict itself to just the metro area, noting State boundary lines are just as local. Mayor Keller reminded Council the criteria to be accepted would have to be approved whether or not the firm were national or local. In response to a question from Mr. Obie, Assistant Manager said the past relationships of any firm under consideration, and its past experience, would be checked very carefully. Mr. Haws moved, seconded by Mr. Hamel, to accept the criteria submitted for selection of the architects as designated in Attachment No.2 of staff's memo dated 7/14/78. Motion carried unanimously. Mr. Haws moved, seconded by Mr. Hamel, at the request of the screening committee to authorize the City Manager to sign an agreement to hire an architect selection consultant. Assistant Manager noted that the cost could be as high as $500/day. He would be an advisor to the Council and staff would be the agent to find such an advisor the screening committee would feel comfortable working e with. Mr. Delay felt it would be very helpful to the screening committee to have such an expert to assess various pitfalls, coordination needed, and problems that would occur in this kind of project management. Mr. Lieuallen said he would feel comfortable with selecting someone from Portland or Seattle for such a position. Mr. Baumgartner said he had already talked with the National AlA and had names of six or seven poten- tial consultants. He had made contacts in Seattle and Portland. Howeve r , he needed more direction from Council as to the specific assignment. Vote was taken on the motion, which carried unanimously. Regarding the location of the prime architectural firm, Assistant Manager said staff felt this was secondary to the competence of the project team. Mr. Williams said he felt an overriding consideration is hiring competent, capable people. If those people are Eugene residents, it would be fine. However, he did not feel a criterion for selection should be where that firm resides. Mr. Delay said he would prefer a local firm to the extent that that is possible. He felt the key element to be the working relationship between the firm and the technical consultan~s. Local involvement is one part of the whole picture. He felt it very important to have local participa- tion and direction wherever it could be included. He wondered if it might be necessary to seek new proposals. He suspected the year-old appl ications may not be the best way for the screening committee to make its deci s i on. -- 7/19/78--10 .511 I ~ Mr. Williams suggested that perhaps the expert consultant for the screening e committee would have input on whether or not the 27 applications, or new applications, should be considered. He felt that more sensible than Council trying to make a decision in a vacuum. Assistant Manager noted for Council the importance of its indicating at the beginning of this process whether or not it is going to weigh more heavily a local firm versus a national firm. If that is to be an important element in the criteria for selection, the Council make that declaration and then should be prepared to treat it only as it effects the working relationship in the success of the project. This would reduce manipulation later on. Mr. Lieuallen explained his reasons why he favored a local firm. The community had indicated to him it very much wants the City Council to hire a local firm. He felt the argument of whether or not a local firm is not capable was not well founded, as he felt there were many capable ones in Eugene. He also felt the issue of the dollars circulating in the community to be an important issue. Finally, he felt sensitivity to the area would be more prevalent with a local than a national firm. Mr. Bradley said his concern was that the Council find the very best possible firm to do the job. If that were to be a local or national firm, he did not care. He felt the decision should be made on the basis of the merit, ability, and qualifications of the architectural firm. , , Mr. Williams agreed with Mr. Bradley's remarks. However, he said if i i there were two equal firms, he probably would prefer a local one. It was i e i important that the best and most qualified firm be selected. Mr. Obie expressed concern that Council did not allow national firms to go i through the process of making presentations and then end up voting for a ; local firm simply because it was a local firm. He felt the judgment should be made on the merits of the individual firms. Mr. Delay expressed concern that it would be difficult for any of the Councilors to determine which one of the 27 proposals was the best possible. ! He felt there was a great deal of normative judgment in the criteria. For , the design sensitivity, he felt it could be achieved better by a local I firm. He felt again it might be best to open up the process of accepting new proposals as that might be the best possibility of getting the most qualified firm. The prime concern should be a good jOb done by a firm who is sensitive to the community and a facility which the people will be happy with. Mr. Baumgartner reminded Council that in the initial process only six proposals from outside the area had been invited as well as proposals from all local firms. Twenty-seven proposals were received, 17 from outside the local area. The process that would require new RFPs could be a very lengthy one depending on the areas solicited, but he added it might add something to the process. He said in the National Architectural Code, he felt it was not stated that any firm would not listen to its clients. Whether a local or national firm is selected, it comes down to selecting e the most qualified. The 27 proposals on hand meet the criteria right down the line. , 7/19/78--11 S/~ I Les Anderson, Chairman, Civic Center Commission, said the issue is quite simple: For Council either to say it will select a local architect, or e to say the origin will not be given any consideration in the selection of the architect. I , Mr. Lieuallen reiterated his reasons for perferring a local firm. He was quite satisfied that a local firm who would respond to the community and who could do a good jOb could be found. He did not feel satisfied that someone outside the community would be readily available and would respond to the community's concerns. Mr. Haws moved, seconded by Mr. Delay, to hire the prime architect from the Eugene area only. Mr. Haws explained the prime architect's office should be located within the city limits of Eugene. Mr. Lieuallen moved, seconded by Mr. Delay, to amend the motion to read the prime architect should be selected within the geographic area of the State of Oregon. Motion was defeated with Delay, Bradley, and Lieuallen voting aye; Obie, Williams, Hamel, and Haws voting no. Vote was taken on the main motion which was defeated with Delay, Lieuallen, and Haws voting aye; Hamel, Williams, Bradley, and Obie voting no. Mr. Hamel moved, seconded by Mr. Williams, that origin not not be e a consideration in final selection of a prime architectural finn. Mr. Obie asked whether Councilors Haws, Delay, and Lieuallen, could live with that decision. Mr. Haws said he would prefer a local finn, but if the Council voted otherwise he would work with whatever finn was selected. Mr. Delay said in the process he would have some prejudice toward a local firm and felt it would be legitimate to have some preference for such. However, he would live with whateve"r decision was made. Mr. Hamel said the intent of his motion was not to exclude a local archi- tectural firm, but felt every architectural finn should be given the opportunity to be considered. He said the argument of dollars being kept in circulation within the city might be a false one in that the contractors will be contracting with persons outside of the community for some of the materials and equipment. Vote was taken the motion, which carried with Hamel, Bradley, Williams, and Obie voting aye; Delay, Haws, and Lieuallen voting no. Assistant Manager then turned to discussion regarding the specialized consultants, especially for the theatrical and accoustical parts of the project. e 7/19/78--12 513 ~ Assistant Manager said that if the City retained control of the consultant, it would review and make a recommendation to the Commission. The question - before Council was whether or not it wanted that course of action to be taken and that decision should be declared now before the architectural firm started working. Mr. Obie moved, seconded by Mr. Hamel, that the prime architectural I firm be responsible for contracting with technical consultants, ! sUbject to ratification by the Civic Center Commission. i Mr. Williams spoke in favor of the motion, noting that would place the I legal responsiblity on the architectural firm. He did not feel that the Council should tell the architect which firm it would have to deal with, but rather the prime architect should make recommendations indicating its preference. Mr. Baumgartner said the AlA contract speaks directly to the liability remaining with the prime architect in the case where the architect would subcontract. He said the only concern would be not to cause a forced relationship, yet on the other hand to be able to reserve the right of veto. He would like there to be a position of checks and balances through a contract agreement and not necessarily through the selection process. I , I Vote was taken on the motion, which carried unanimously. , Council then moved to the second step: Architect selection process. Mr. Delay indicated preference for a modified version of staff's Alternate I - B. He would like Council to be involved actively and be ultimately responsible for the selection. However. he wished the presentations to be made jointly, have the Civic Center Commission rank order, and then the Council make the final decision. I Assistant Manager noted the five-hour estimate for a joint presentation I was fairly conservative, and it probably would be eight hours of review. He noted a major concern from the staff's standpoint was that if Council . i were going to retain a major responsibility of the final design, then i t it would be imperative that the Council participate in the selection i interviews and decision. He suggested the presentations be made August 8 r or 15 with action by the Council the day immediately following. Mr. Bradley wondered if new RFPs were going to be submitted. Assistant ; Manager said he understood the Council IS decision was to limit review to the 27 firms and in that review their RFP's may require some updating. I However, he reviewed for Council the time frame involved in selecting the expert consultant to work with the screening committee, the review process the screening committee would have to go through in reducing the final proposals, and time for the architectural firms to prepare for their i presentations before Council and Commission. ~ , , e : 7/19/78--13 5'~ Mr. Delay expressed concern in rushing through the process. Assistant Manager said the schedule would be adjusted. However the process would e begin today, immediately following the meeting, to start the process of selecting the expert consultant for the screening committee. Mr. Obie moved, seconded by Mr. Hamel, to adopt Alternate C in the selection process as recommended by staff. Mr. Delay said he would oppose the motion because he felt Council as elected officials had to take the final responsiblity for that decision. The Civic Center Commission is advisory and he felt Council should take its advice and then make the final decision. Mr. Obie moved, seconded by Mr. Hamel, to amend the motion to adopt Alternate C with the majority vote of the two bodies being a recommendation to Council, with Council making the final decision. It was agreed that the joint meeting with Commission and Council would be held one day, with the Council making its final decision in selecting the architect the second day. Vote was taken on the amendment to the motion which carried unanimously. Mr. Haws left the meeting. Vote was taken on the main motion, which carried unanimously. e Regarding the matrix which had been presented to Council, Assistant Manager requested that those be completed by Councilors and returned promptly. He then reviewed for Council the time involvement of the various steps as outlined on the matrix: Item A, a minimum of eight hours with a maximum of 40; Item B, a minimum of 24 to a maximum of 56 hours depending on public testimony and amount of controversy for the schematic design, at the minimum of one to a maximum of 16 hours for the cost estimate depending on City Council's involvement; Item C, 200 hours of staff time with three to five hours of City Council time; Item D, minimum of two hours to a maximum of 50 hours; Item E, frequency of status reports could be monthly and would be informational reports; and Item F, a minimum of at least an afternoon of Council's time to review. Assistant Manager said the matrix co~ments from Council would be reviewed by staff with the developed proposal submitted August 2. From a suggestion by Mr. Williams, it was the consensus of Council to add to the matrix greater use of the screening committee created for architect selection but proposed now to be used during construction of the facility. Mr. Obie moved, seconded by Mr. Hamel, to accept the Mayor's recommendations for reappointment and appointment to the e Civic Center Commission. Motion carried unanimously. 7/19/78--14 515 I Those appointed to the Commission were as follows: Reappointments-- Arlen Swearingen, 975 Oak Street; President William Boyd, University e of Oregon; Art Fairchild, PO Box 10088; Irv Fletcher, 432 West 11th; Randy Thwing, 3760 Onyx (replaces Adrienne Lannom, Planning Commission); Les Anderson, 210 East 11th Avenue; Dory. McGillivary, 2275 Fairmount; Jim Kays, 980 Willamette Street; Brian Obie, 1000 Obie; Scott Lieuallen, 1054 Van Buren. Mayor Keller recommended officers as follows: Les Anderson, Chairoerson, and Dory McGillivary, Vice Chairperson. As Mr. Anderson would be out of town for a few weeks, it was suggested the Council appoint a Vice Chairperson pro tern, Arlen Swearingen. Betty Smith returned to the meeting. VII. Request for Authorization re: Eugene Downtown Association and City of Eugene--Agreement distributed. Assistant Manager said the contract defines the relationship between the Eugene Downtown Association and the City of Eugene, noting there has been such a relationship for four to five years and this resolution would simply update that relationship. There would be cost savings to the City because of the use of volunteers and because of a nonprofit corpora- tion handling advertising and representing the entire downtown business community. He said the contract may be entered into upon adoption by Council of a resolution that public interests would best be served by exempting the contract from the formal bid requlrements of the public e contracts ordinance. Res. No. 2958--Declaring Eugene Downtown Association as a Supplier of Certain Services, and authorizing City Manager to execute an agreement was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. VIII. Public Hearings Re: Water Withdrawals ; I Public hearing was held with no testimony presented. C.B. 1711--Authorizing withdrawal from Oakway Water District property located on both sides of Arcadia Drive, north of Harlow Road ; (Tronrud, O'Donnell et al)(A/Z 77-1) was read by council bill number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved e and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18226. 7/19/78--15 514 Public hearing was held with no testimony presented. C.B. 1719--Authorizing withdrawal from Oakway Water District prooerty -- locatprl between Calvin Street and Arcadia Drive, north of Harlow Road (Ne lson/Gent )(A/l 78-1) was read by counci llD1 11 number and title only, there being no Councilor present request- ing it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read the second time by council bill number only, with unanimous consent of the Counc1l, 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18227. IX. Proclamation by Mayor: June 27, 1978, Election Results Mayor proclaimed the results of the Lane County Special Election held Tuesday, June 27, 1978. Total yes vote for Measure No. 51 authorizing Civic Center bond issue not exceed $18,500,000. 10,473 Total vote no against Measure No. 51 authorizing Eugene 'Civic e Center bond issue not to exceed $18,500,000 6,846 Overvotes 24 Undervotes 109 Total vote yes for Measure No. 52 authorizing $6,401,078 general tax outside limitation 6,770 Total vote no against Measure No. 52 authorizing $6,401,078 general tax outside limitation 9,700 Overvotes 20 Undervotes 962 Total vote yes for Measure No. 53 authorizing downtown free parking district tax 13,003 Total vote no against Measure No. 53 authorizing downtown free parking district tax 4,009 Overvotes 41 Undervotes 399 e 7/19/78--16 511 I . x. Calling Public Hearings August 30, 1978, re: Easement vacations C.B. 1720--Calling public hearing August 30, 1978, re: Easement vacation e located on the easterly side of Spring Boulevard, southeast of Agate Street near North Shasta loop, and retaining sanitary sewer easement only through area (Woodward)(EV 78-4) was read by number and title only, there being no Councilor present requesting it be read in full. i Mr. Hamel moved, seconded by Mr. Bradley, 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18228. --------------- C.B. 1721--Calling public hearing August 30, 1978, re: Easement vacation located north of West 18th Avenue, between Bailey Hill Road and Bertelsen Road (Safley)(EV 77-13) was read by number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, that the bill be read the second time by council bill number only, with unanimous e 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. i \ . : Mr. Hamel moved, seconded by Mr. Bradley, that the bill be I approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed I and numbered 18229. I i --------------- I C.B. 1722--Calling public hearing August 30, 1978, re: Easement vacation located west of Conger Street, between 5th Avenue and West 7th Place (Clarke's Sheet Metal)(EV 78-5) was read by number and title only, there being no Councilor present requesting it be read in full. Mr. Hamel moved, seconded by Mr. Bradley, 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. Hamel moved, seconded by Mr. Bradley, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18230. e 7/19/78--17 518 , ~ C.B. 1723--Calling public hearing August 30, 1978, re: Easement vacation located west of Wallis Street, south of West 1st Avenue (Hult)(EV 78-9) was read by number and title e only, there being no Councilor present requesting it be read in full. ! Mr. Hamel moved, seconded by Mr. Bradley, 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 thi s time. Motion carried unanimously and the bill was read the second time by council bill number only. Mr. Hamel moved, seconded by Mr. Bradl ey, that the bi 11 be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18231. XI. Improvement Petitions Res. No. 2958-A--Authorizing initiating process for street paving, sani- tary sewer, and storm sewer construction to serve Tahsili Subdivision (1588) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. Res. No. 2959--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction within Fox Hollow e Estates; and sanitary sewer and storm sewer construction south of Empress Avenue from Fox Hollow Estates to Fo~ Hollow Road to serve Fox Hollow Subdivision (1583) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. Res. No. 2960--Authorizing initiating process for street paving, sanitary sewer, and storm sewer construction to serve Meadowood Subdivision (1508) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. Res. No. 2961--Authorizing initiating process for sanitary sewer to serve North Shasta Loop Park (1604) was read by number and title. Mr. Hamel moved, seconded by Mr. Bradley, to adopt the resolution. Motion carried unanimously. e 7/19/78--18 Slq ! .- XII. Public Hearings Scheduled July 24, 1978 - A. Concurrent annexation/rezoning, property located north of Jessen Drive on both sides of Elizabeth Street from County RA to CIty R-l (Hein, Jessen et al)(A/Z 78-5) B. Rezoning from C-1 to RA property located south of 20th Avenue, between Riverview Avenue and Augusta Avenue (Eugene Planning Commission)(Z 77-48) C. Public Works Bid Awards Upon motion duly made, seconded, and passed, the meeting was adjourned to ~~ ,. ~~ A. Keith Martin Assistant City Manager AKM:DT:jm/CM7b8 e e 7/19/78--19 520