HomeMy WebLinkAbout03/28/1938 Meeting
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Council Chambers, Eugene, Oregon
March 28. 1938
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The minutes of the adjourned meeting of the Common Council held at the hour ~
of 7:30 o'clock P~M., March 28, 1938. Mayor Large called the meeting to order.
Councilmen present were: Messrs. Lamb, Hendershott, Reid, Hanns, Farrington, Bond
and Carlson; absent, Mr. Page.
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The minutes of the previous meeting, March 14, 1938, were presented and
2 ordered filed.
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Mayor Large announced as a special order of business the discussion concer-
ning the picketing ordinance passed by the council at t~e last session. He re-
quested that only official speakers representing those groups opposed to the measure
address the council. .Professor Paul E. Keipe,-Univ.er.s.ity of Uregon t3peech Departmen ,
was t,he first to strike at the o1;',dinance as being in violation or human rights, a
breeder of strife between employers and labor, and an abridgement of free speech and
the right of protest. Mr. Kiepe asked why no one was informed of the council's
intent to enact an emergency picketing ordinance. Charles A. Paddock, representativ
of the united Brotherhood of Carpent~rs and Joiners, rejected strenuously to the
passage of the ordinance under an emergency clause without calling in other parties
interested. He declared that the Hecorder should not have to decide whether a labor
dispute exists; that disputes of this nature should be decided by the coutts. He
further declared that there should be no charge made for the privilege of picketing
and organizations should not be required to file the name of the pickets employed
by reason of the fact that pickets are constantly being changed. The fact that the
ordinance limits the number of pickets in front of a business, is alsb illegal, he
asserted. Mr. Paddock asked Mayor Large whether the Better Eugene Association is
responsible for the ordinance. City Attorney Calkins interrupted at this point by
stating that he alone is the responsible person for the preparation of the ordinance
He had help from no one; drew it to the best of his ability to meet the wishes of
the council. He admitted that the Better Business Association had no part in the
preparation of the ordinance except suggest an increase in the fee from $1.00 to
$5.00, as originally drafted, and reduce the length of time for picketing from 90
days to to 20, which was later amended by the council to 30 days. As to the con-
stitutionality of the ordinance, Mr. Calkins pointed out that this was not the place
to determine that, it was up to the courts. Mr. Paddock declared that in the event
the ordinance wa's pronounced unconsti tutional by the courts, it would certainly re-
flect unfavorably on the City Attorney, Mayor and Council. Harry Johnson, represen-
tative of the United WorkersJ League, pointed out that this ordinance only states
that pickets cannot whistlLe-,.sing or talk, and does not say a thing about playing
an instrument or creating other types of noises. Although it states that all pickets
shall be required to walk back and forth at the outer margin of the sidewalk, he
stated what would prevent the pickets from walking at the outer margin of sidewalks
in any part-of town. Mr. Johnson was in favor of repeal of the ordinance because
it interfeJ'red w-i th the rights of picketing and was unconsti tutional. Lawrence T.
Harris, attorney, stated that the better Business Association represented 300 em-
ployers with 3000 employees and of the latter there are few, if any, who oppose this
ordinance. Judge Harris gave a complete analysis of the Oregon law pertaining to
this question, stating repeatedly that the council acted perfectly within its rights
He further pointed out that the reason the ordinance ~as passed under an emergency
clause, was due to the ract that there had been violence in the city as. a result of
labor disputes. Resolutions from the Local Branch of cugene Workers Alliance, Local
No. 2611 Lumber and ::3awmill v'iorkers Union, .Willamette Valley District Council of
Lumber and :Sawmill v',orkers, .l!ugene Gentral Labor Council, Culinary Alliance, Local
o43,~lumbers Local No. 481 and communication from H. S. Hilliard, ~ecretary to the
Lumber and ::3awmill v\orkers, Local Union 2574, Dexter, Uregon vigorously protesting
the picketing ordinance, were also read to the council for their consideration. Mr.
Fred G. Reese pointed out that he was in sympathy with organized labor but as a
result of our acts of violence and the general conditions that existed, he felt that
the council was perfectly justified in preparation of such an ordinance and requeste
that they continue to stand by their previous action. Harry Johnson, again added a
bit to ~ne onslaught by~sserting that Judge Harris, in his discourse, was apparent 1
placing the common council in place of the courts and further stipulated that no
vandalism by pickets themselves occurred in the city. Mayor Large closed all furthe
discussion at this time and asked members of the council to defer all further action
until the next meeting of the council. Two sets of petitions containing 163 and 105
names respectively demanding revocation of the anti-picketing ordinance, were also
presented for the council's consideration.
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The $75.00 offer of E.V. Hamblen for parcel of property described as "Be-
ginning at a point 113 feet south of the south line of 16th Avenue West on the west
side of Jefferson Street, thence south 16 feet, thence west 150 feet, thence north
16 feet, thence east 150 feet to the place of beginning," was upon the recommendatio
of the Finance Committee ordered held until such time that the city acquires title
to said property and upon motion made and duly seconded, the recommendation of the
Committee was duly approved.
Offer of Colin H. Macdonald in the amount of $600.00 for Lot 5, Block 20,
College Hill Park Addition, was rejected by the Finance Committee and a counter-offe
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of $1000 for the full lot or $850.00 for the front 60 x 100 feet, extended the pur-
chaser. Upon motion made and seconded, the recommendation of the Committee was un-
animously approved.
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The $700.00 cash offer of L. Axland for the East one-half of Lot 1, Block
College hill Park Addition, was rejected by the Finance Committee and a counter-offe
of $900.00 extended the purchaser. Upon motion made, seconded, and duly carried, th
6 I recommendation of the Committee was accepted. .
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The $600.00 cash offer of E. U. Wagy for Lot 6, Block 1, Maplecroft Ad-
dition, was rejected by the Finance Committee and a counter-offer of $835.20 extende .
l Upon motion made and seconded, the recommendation of the Committee VIas duly approved
A second offer of E. U~ Wagy in the amount of $600.00 cash for pDoperty
described as the "South 54 feet of Lo' 6, Block 7, College Hill Park Addition, was
likewise rejected by the Finance Committee and the following counter-proposal made:
$1000 for the full lot or the sum of $850.00 for the 60 x 100 feet. Upon motion
8 made and seconded, the recommendation of the Committee was duly approved.
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Offer of H. A. Wheeler in/the amount of $.508.54 for Lots 26 and 27, Sunset
Terrace, was rejected by the Finance Committee and a counter-offer of $350.00 for
each lot extended the purchaser. Upon motion made and seconded, the recommendation
9 of the Finance C'ommi t tee was duly approved.
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The $125.00 offer of Edith F. Gardiner, for a client of hers, for Lot~ 6
and 7, Block 5, Kincai d Park, was re j ec ted by the Finance Commi ttee and a counter-'
offer of $175.00 extended. Upon motion made and duly seconded, the recommendation
10 of the Finance Committee was accepted.
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The $550.00 cash offer of Frank Miner for property described as, "Begin-
ning at the Northeast corner of Lot 1, Plock 4, Ellsworth Second Addition to Eugene,
Lane County, Oregon and running thence South along the alley 83 1/3 feet, thence due
West 50 feet, thence North 83 1/3 feet to the South line of 16th Street in said City
of Eugene and thence East on the South line of 16th Street 50 feet to the place of
beginning, n was accepted by the Finance Commi ttee and upon n:,otion made and ~uly se-
II conded, approved by the council.
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Communication from Arthur Combs requesting council permission to redeem
his property, foreclosed by the city of Eugene for delinquent assessments, and at-
taching draft in the amount of $148.85'for full payment of interest and principal
due the City up to March 20, 1938 on Lot 14, Block 10, Driverton Addition, was ap-
proved by the Finance Committee and upon motion made and seconded, accepted by the
12 council.
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The $600.00 cash offer of E.B. McCall, brought up at the two previous
13 mee+ings ot the council, was referred to the Finance Committee with power to act.
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Communication from C. B. Washburne, Trustee for tr..e holders of the bonds 0
the International Bible Mission and owner of the following described property,to-wit
"Beginning at a point on the west line of University Street 50 feet south of the
southeast corner of Lot 10, Block 23, First Addition to City Outlook, thence west
lalong the south line of 28th Avenue 503.51 feet, thence south 160 feet, thence east
503.51 feet, thence North 160 feet to beginning in Eugene, Lane County, Oregon,ll
known as 1104 and 1144 28th Avenue East, was presented. Mr. Washburne is desirous 0
redeeming his property, which was foreclosed by the city under date of July 20,19p7,
and is willing to pay to date the amount due against the property. The matter was
14 referred to the Finance Committee for study.
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ordinance that all refuse collected should be deposited at the grounds designated
by the city. The Health Committee and City Attorney were granted power to act in
/18 the matter.
The Police Committee recommended that the following fees be charged by the OS'
dog-control officer: For picking up a dog and prior to placing in the pound, 501t'; ~:;;.:'
a fee of $1.00 for the first day that the dog is impounded and 25i per day thereafter.
Upon motion made and sec,onded, the recommendation of the Police Commi ttee was ap-
proved. Mr. Bond reported that kennels had been constructed to adequately house the
stray dogs.
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The Police Committee recommended transfer of Package i:3tore Class B license
from W.B. and H.T. Hilton to Beryl D. Pohll (Drive-Inn Market) and upon motion made
and seconded, this recommendation was approved.
Mayor Large stated that the Bureau of Air Commerce wanted permission to
erect poles for a radio receiving antenna at the municipal airport adjacent to the
poles now maintained by the United Air Lines. It was revealed that the Bureau of
Air Commerce is taking over the work being done by the United Air Lines Company;
Resolution authorizing the Mayor and Recorder to execute a lease covering rental of
the site, was upon motion duly made and seconded, adopted by the council:
RES 0 L UTI 0 N
WHEREAS, The Bureau of Air Commerce, United States Department
of Commerce propose to erect a radio receiving antenna at the
municipal airport of the City of Eugene, btate of Oregon.
NOW, THEREFOHE,
BE IT RESOLVED, That the Mayor and City Recorder are hereby
authorized to execute a lease covering rental of a site for
the erection of the radio receiving antenna to be situated in
the Northeast quarter, ::Section 1, Township 18 South, Range 4W,
WM, Lane County, Oregon. The terms of said lease to be sub-
stantially as follows:
The site to be leased shall contain 0.36 acres more or less.
The lease shall become effective April 15, 1938 and expire
June 30, 1938, with an option of renewal to extend the period
of occupancy to JUQe 30~ 1953. The consideration of said lease
being One Dollar (~l.OO) for the period April 15, 1938 to
June 30, 1938 and One Dollar l$l.OO) per year thereafter.
Communication from the Condon Parent 'reachers' Association, requesting en-
forcement of the curfew ordinance in the city of Eugene, was presented. Councilman
Hanns stated that the Youth Council would like to have the law put into effect. Mr.
E. A. Barette, local citizen, approved the enforeement of the law, but pointed out
that such action would be inadequate unless parents also cooperated. Councilman
Hendershott recommended that the ordinance be repealed. The Recorder was instructed
to contact Perry Price, Juvenile Officer, and ask him to attend the next council
meeting to discuss the matter in full with the councilmen and it was so ordered.
Mr. S. R. Mosher, Building Inspector, stated that he had received a request
for permission to suspend a banner across the street on behalf of Governor Martin's
campaign forr.~~ection. Mr. Mosher pointed out that requests of a similar nature
would be made and he wanted a definite policy approved by'the council so that it
could be pursued by his office. Building Inspector Mosher was asked to deny all
such requests.
Building Inspector Sam Mosher stated that Mr. James Lajoie requests
council permission to erect a garage on his front property line at 90 North Lawrence
Street. Mr. Mosher pointed out that Robert Roe, employee in the Engineer's Office,
being unfamiliar with the ordinance on setbacks, had granted Lajoie permission to
build on the property line and Mr. Lajoie had his forms completed, but that he had
been stopped until the council had taken action on the matter. The council granted
the request.
Communication from Fire Chief Nusbaum relative to the city-wide clean-up
campaign was placed on file; it being understood that the council had turned over
the administration of all work involved to Mrs. Broders, representing the 'Eugene
Garden Club.
Communication from Marvin T. Warlick, Manager of the Eugene Hospital and
Clinic, requesting one-hour parking limit in front of the hospital, was presented.
Councilman Bond raised the question about the city's having paid one-half of the
expense for improving the alley adjacent to the hospital and it was his understandin
that the doctors of the hospital were using part of the alley for parking purposes
and that ahould not be allowed. The entire matter was referred to the Pollee Com-
mittee for report at the next meeting and it was so o~dered.
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Communication from W. E. Haynes requesting that hiE; application to lease
the Eugene airport be given consideration by the council, was referred to the Air-
2Z~ port Committee with power to act.
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Elmer Smith stated that there were a large number of pinball machines being
stored in the hangar building at the airport for the last f(luror five months. The
Airport Committee was granted power to investiga~s.
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Communication from G.A. IITex" Oliver, Football Coach, University of Oregon,
conveying his appreciation to the council for their expressj.on of welcome and sup-
29 port, was ordered filed.
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Petition containing the names of 27 residents and taxpayers of the city,
protesting the erection of a church on the northwest corner of Fifteenth and High
Streets, was presented. At this time City Engineer Clubb rElvealed that one of the
things badly needed by the city was an ordinance regulating setbacks. An ordinance
amending Section 13 of the Ordinance No. 8413 entitled: "An ordinance to create or
divide the City into Districts within some of which it shall be lawful, and within
others of which it shall be unlawful to erect, construct, aJ.ter or maintain certain
buildings, or to carryon certain trades or callings, or wit:hin which the height
and bulk of future buildings shall be limited, and providing for setback lines, and
providing for a penal ty for the violation thereof. II passed tlY the Common Council
April 8, 1935 and approved by the Mayor April 9, 1935 by ext:ending the provision as
to setback lines~ had its first reading and passed to its sE:cond and third readings
by unanimous consent of the council by title under suspension of the rule and was
I placed for final passage. The ayes and nays were called, councilmen voting aye:
! Lamb, Hender shott, Re id, Hanns, Farrington, Bond and Car 1 son; nay, none; absent, Pag p.
301 The ordinance was declared passed and numbered 8535.
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! An ordinance repealing Ordinance No~ 8439 entitled: "An ordinance regulatin~
I the use of power speakers, calliopes, and other noise-making, music-making or speec!1-
I' making devices, etc. II was ordered held by the Judiciary Committee until the next
31 council meeting.
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Resolution to execute contract on behalf of TheodoI'e Forcier, was upon
32 motion made, seconded and carried, duly adopted:
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RES 0 L UTI 0 N
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WHEREAS, The City of Eugene has acquired the North 68 feet of
Lot 5, Block 20, Packard's Addition to bugene, Oregon, and
~HEREAS, The City of Eugene has caused the same to be appraised
and determined its value, and
V'iHEREAS, Theodore J:"orc ier and Minnie Forcier have (,frered the
City ~1000.00 for said property, Which, according to the appraise-
ment is all that the property is worth,
NOW, THEREFORE
BE IT RB;SOLVED By the Common Council of the City of Eugene that
the Mayor and Kecorder be and they are hereby directed to enter
into the annexed contract on behalf of the City of Eugene and the
$397.08 down payment and all sUbsequent payments st~ll be de-
posited with ~he City Treasurer of said City.
Resolution to execute contract on behalf of W. I. Lane, was upon motion
33 made and seconded, adopted:
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RES 0 L UTI 0 N
WHEREAS, The City of Eugene has acquired the North 80 feet of
Lot 6, Block 8, croner's Addition to bugene, Lane County, Oregon,
and
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~HEREAS, The City of bugene has caused the same to De appraised
and determined its value, and
WHEREAS, 'V!. I. Lane and Vera Lane have ofr ered the City ~875. 00
for said property, which according to the appraiserrlent is all
that the property is worth,
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NOW THEREFOHE
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BE IT RESOLVED By the Common Council of the City of ~ugene that
the Mayor and Hecorder be and they are hereby directed to enter
into the annexed contract on oehalf of the city of ~ugene and
the $175.00 down payment and all SUbsequent payments shall be de-
posited with the City Treasurer of said city.
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Resolution to execute deed to Arthur Combs was upon motion made and seconded
duly adopted:
RES 0 L UTI 0 N
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WHEREAS, The City of Eugene has acquired title to Lot 14, Block 10,
Driverton Addition to Eugene, Lane County, Oregon, and
WHEREAS, The City of Eugene has caused the same to be appraised and
determined its value and
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l1'HEREAS, ARTHUR COMBS and WINNIFRED COMBS, husband and wlfe{ have of-
ferred. the City One Hundred forty-eight and 65/100 (148.05j Dollars
for said property, which according to the appraisement is all that
the property is worth,
NOW, THEREFORE,
BE IT RESOLVED, By the Common Council of the City of Eugene that the
Mayor' and Recorder be and they are hereby directed to execute a bar-
gain arid sale deed to Arthur Combs and Winnifred Combs, husband and
wife, for the above described property and to accept in payment
therefor the sum of $148.05.
Resolution to execute deed to W. C. McLain was upon motion made and seconded,
,35 adopted:
RES 0 L UTI 0 N
WHEREAS, The City of Eugene has acquired title to Lot 6, Block 21,
College Hill Park in Eugene, Lane County, Oregon, and
WHEREAS, The City of Eugene has caused the same to be appraised
and determined its value, and
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V;HEREAS, Ward Calvin McLain and Bertha P. McLain, husband and
wife, have offered the City $600.00 for said property, which ac-
cording to the appraisement is all that the property is worth,
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NOW 'l'HEREFORE,
BE IT RESOLVED, By the Common Council of the City of Eugene that
the Mayor and Recorder be and they are hereby directed to execute
a bargain and sale deed to Ward Calvin McLain and Bertha P. McLain,
husband and wife, for the above described property and to accept
in payment therefor the sum of $600.00.
Resolution to execute deed to Neil Bond, was upon motion made and seconded,
/36 adopted:
RES 0 L UTI 0 N
WHEREAS, The City of Eugene has acquired title to Lot 1, Block 6,
Riverwood Addition to Eugene, Lane County, Oregon, and
WHEREAS, The City of Eugene has caused the same to be appraised
and determined its value and,
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WHEREAS, Neil Bond and Grace Bond, husband and wife, have of-
fered the city $275.00 for said property, which according to the
appraisement is all that the property is worth,
NOW, 'I'HEREFORE,
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BE IT RESOLVED By the Common Council of the City of Eugene that
the Mayor and Recorder be and they are hereby directed to execute
a bargain and sale deed to Neil Bond and Grace Bond, husband and
wife, for the above described property and to accept in payment
therefor the sum of $275.00.
Resolution to execute deed to Kenneth T. Blanton, was upon motion made and
,37 second~d, adopted:
RES 0 L UTI 0 N
WHEREAS, The City of Eugene has acquired title to the South 40
feet of Lot 5, and the North 10 feet of Lot 6, Block 5, Hendrick's
Amended Addition to Eugene, Lane County, Oregon
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WHEHEAS, The City of Eugene has caused the same to be appraised
and determined its value, and
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WHEREAS, Kenneth T. Blanton and Hazel Blanton, hllsband and wife,
have offered the city $225.00 for said property, which according
to the appraisement is all that the property is Vlorth,
NOW, THEREFORE,
BE IT RESOL.VED, By the Common Counc il of the City of Eugene that
the Mayor and Recorder be and they are hereby dil'ected to execute
a bargain and sale deed to Kenneth T. Blanton anel Hazel Blanton,
husband and wife, for the above described property and to accept
in payment therefor the sum of $225.00.
Upon motion made and seconded the council approvBd the following appll-
38 cations reported by the Recorder for retieB.ding delinquent assessments:
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No.
Name
Amount
520
521
Fannie S. Greenfield
Eruma E. Good
$266.00
749.69
Major C. Ford of the Salvation Army reported that $115.65 will be needed
to cover expenses up to April 1 and that a total of $330.0() would be necessary to
carryover the transient population of Eugene. The budget allows ~3500.00 for care
of city transients in 1938, but the amount must be collectEld from current taxes and
is not available at the present time, the Recorder stated. The council voted to
grant in addition to the $210.00 already approved, the $11ti.65 to meet the deficit
,39 and to allow $165.00 for relief.
40 Upon motion made and seconded, the meeting was herewith adjourned.
C. M. Bryan
City Recorder
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