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HomeMy WebLinkAbout06/27/1938 Meeting "... 9 8 I~ ---.- - ---=-----~~ ---- --.'" - ---- - - -- - Council Chambers, Eugene, Oregon June 27. 1938 .;;:) I GC The minutes of the adjourned meeting of the Common Council held at the hour of 7 :'30 0 'clock P.M. ,June 27, 1938. Mayor Elisha Large being absent, Arthur Hendershott, President of the Council" acted as Mayor pro tem. Councilmen present 1 were: Messrs. Lamb, Reid, Page, Farr ington, Bond and Carlson,; absent, Hanns. The minutes of the previous meeting, June 13, 1938, were presented and or- 2 dered filed. Dr. John T. Ganoe, representing the residents of the southeastern section I of the city, addressed the council in support of a petition, wherein they respect- fully requested the council to prohibi t the ope ration of carnivals in that section:, to-wit: the west side of Hilyard Street between 20th and 21st Avenues. The City Recorder presented a communication from the American Legion in which they declared that the contract entered into between themselves and the-West Coast Amusement Company is binding and failure to comply with its provisions would result in a heavy financial responsibility :tlU{:1:tJlX}QXEJl:t:Z~EJ1'[)1 in cormection::with the payment of damages or for expenses incurred. Fred Smith and Dr. 'A. T. Oberg also spoke on behalf of the petition. After a very lengthy discussion, the matter was left in the hands of the City Attorney who is to study the contract existing between the West Coast Amusement Company and the American Legion and dete'rmlne whether the same ;.3 can be cancelled without loss to the Legion. I At this time Mrs. C. P. Roe, M. M. Lewis and J. P. Soric pleaded for ces- 'sation of the condemnation proceedings against the Yates Hotel. The speakers state that they had been unable to find other living quarters within their means and if the council still saw fit to continue with the proceedings that they should provide 4 quarters for their families. / The City Recorder presenteg a tentative contract drafted between the City of Eugene and the Eugene Realty Board with regard to an expeditious means of dis- posing of city-owned properties. It, was the consensus of opinion that the con- tract should be deferred for a period of two weeks in order to iron out the ques- tions and suggestions offered by various people. Upon motion made and seconded, I the City Recorder was instructed to publish in the papers of the City of Eugene a notice that all those persons agairist whom the City had foreclosed and wished to redeem, must do so within 60 days from the date of the notice and upon failure to . do so all properties would be listed'with the Realty Board and transactions made 5 through that organization. I Eyler Brown spoke to the council on behalf of a Committee organized to in- duce the construction of an auditorium in the City of Eugene and requested the council to take the necessary steps to file application for such a project. The City Recorder presented a brief financial statement relative to the City's finances which is as follows~ REFUNDING IMPROVEMENT BONDS as of December 31, 1937 Bonds Outstanding $813,615.06 Sinking Funds on Hand 120 ~ 464 .,84 Balance 693,.150.22 Liens Outstanding 515.576.07 SHORTAGE $177,574.15 Liens Outstanding $515,576.07 I Property foreclosed by Lane County 149.077.50 Balance $366,498.57 Property foreclosed by City of Eugene 190 792.87 Amount privately owned )175:705.70 $175,705.70 is all that the auditor shows as being privately owned and upon which we are receiving interest and payments on principal. We are having to pay interest and make arrangements for payment of I principal upon: Short.age $177,574.15 -, Lane County 149,077.50 City of Eugene H~O .792 .87 Total $517,444.52 '(more) .0-1"' ~ ~ 99 - -~ - GENERAL. BONDS I Amount due December 31, 1937 $698,840-:45 '::;0 Sinking Fund 71.220.24 ~ Balance due l627,620.21 Assessed valuation 1938 $12,458,663.00 Allowed 5% for Bond debt 622.933.15 City owes (General Bonds} $, 627,620.21 I lmprovement Bonds ' 517.444.52 Total 1,145,064.83 The 5 per cent allowable 622.933.15 Deficit $ 522,131.61 AUDITORIUM Gash $ 500,000.00 Grant of 45% or 225,000.00 Must pay 55% or 275,000.00 Stated that this could be done through the University of Oregon, School District No. 4 and the City of Eugene on basis of: University of Oregon $15,000 per year School Dist No. 4 5,000 per year Eugene 10.000 per year Total of $30,000 for a period of thirty years. My understanding is that this amount would be needed in addition to any revenue that might be had from the auditorium.. This means that the people.of the City of Eugene would pay $450,000 and the State of Oregon $450".000 for a total of: $906,0,00 which would! cost us on the project basis $275,000. Eugene's share of.$lD,GOO I per year is a little more than 5/6 of 1 mill.. At this point. it was stated by City Attorney Calkins that Mayor Large, before leav- ing on his trip to Chica8D, requested that the council give this matter their ap- . , proval at this time. It was determined to hold any proposal on this until the next meeting of the council and it was so ordered. / , Off~r of Walters and Seiff~rt Company to redeem Lots 9 and 10, Block 4, Croner's Addition by payment of r2~59 cash and $2.59 per month until the entire amount of $119..74 is fully paid, was presented. Walters and Seiff'ert' s further offe to redeem Lots 2 and 3, Block 5, Croner's Addition by payment of $18.07, which is tne total amount of assessments against the property, was likewise presented. In addition to the foregoing, Walters and Seiffert's will pay $80.~B in back taxes and agree to pay sufficient back taxes s6 that the property will not be foreclosed by the County. It was the recommendation of the Finance Committee that the above outlined plan of redemption be accepted on the condition that the city acquire a 7. quit-claim deed and it was so ordered upon motion duly made and seconded. / Communication from W. B. Dillard, County Clerk, notifying the Council of a receipt of a bid by them for the "North 32.4t of the So~th 66.4t of Lot 1, Block 12, Fairmount Addition, Eugene, against which the cit~ has liens in the amoUnt of $320.8 . The taxes necessary to pay the County on this is 45.01 and the Finance Committee recommended that the taxes be paid in order to protect the city's liens and it was s 8 ordered upon motion made and seconded. / '" I The $718.85 offer of C. J. and Martha B. Wells for Lot 2" Block 2, Quimby's Addition, was accepted by the Finance Committee and the Treasurer's Office herewith instructed to proceed with the execution of the necessary papers in confirmation of the sale as; directed by the general resolution adopted by the Common Council on ,9 June l~, 1938, authorizing such action and it was so ordered. The $175.0Q, offer of Eldred D. FeI"guson for the "South 168.63 feet of the West 100 feet of the following described property: Beginning at a point 933..8 feet, East and 388 feet south of the Northwest corner of D.L.C. James Huddleston in T 17 I SR 4 WWM and run south 341.a feet more or less to the North side of 10th Street, thence East 266 feet, thence North 341.8 feet more or less to the South line of 9th Street if extended, thence West 266 feet to the beginning in Eugene," was rejected by the Finance Committee and upon motion made and seconded, recommendation sustained /10 by the council. The $2000 offer of William Collins for the South 90 feet of Lot 3, Block 17, FairmountAddition, was presented to the Council by the Finance Committee. It was revealed, that Mr. Collins does not wish to make a down payment but proiosed to rende certain repairs and improvements to the house, totalling in amount, to 2,65.. 75, which is exclusive of plumbing, to be applied in lieu of any cash payment. He offers to ~ ~ 100 --'- - -- , - - ,- - pay $30.00 per month plUS interest at the rate of 6 per cent on the balance. The 11 matter was referred to the Finance Committee with power to act. .........~ ..f., I The $30([)!.00 cash offer of B.B. Van Bpps for the South one-half of Lot "A" ,.,(;;), I .~.,~-" '--' Martin's Addition, was accepted by the Finance Committee and the Treasurer's Office herewith instructed to proceed with the execution of the necessary papers in con- firmation of the sale as directed by the general resolution adopted by the Common 12 Council on June 13,1938, authorizing such action and it was so ordered. / The City Recorder reported that the request of Alma Cannon Miller for des- 13 truction of weeds growing on her property, had been attended to~ I Councilman Farr'ington, Chairman of the Health C.ommittee, reported that the I request of Frank Chambers to transform the Yates Hotel into a warehouse had been in vestigated and it was the recommendation or' his committee that Mr. Chambers'. reques be denied and the city institute demolition proceedings, with the understanding tha the small residence ~ttached to the hotel be allowed to remain. Upon motion made 14 and duly seconded, the recommendation of the Health Committee was duly approved. I Mr. Farrington further stated that R. R. Hughes, City Dump Caretaker, had reported the existence of a fire hazard at the dump grounds. Mr. Farrington report that the situation could be porrected by the employment of an individual to work fo a period of two days at the rate of $4.00 per day. Upon motion made and seconded, 15 the recommendation of the Health Committee, was duly approved. I Councilman Farr ington, reporting on the request <;rf A!> S. Peterson for renta of part of Lots 5 and 8, Block 2, Cheshire's Second Addition, known as the Northwes corner of the intersection of Cheshire and Lawrence Streets, for use as a woodyard , recommended that it be denied and upon motion made and seconded, the recommendation was duly approved. Sam Bond requested the Chief of Police to see that the sidewalk 16 adjacent to the surrounding property be cleared ana it was so ordered. I Councilman Page, Chairman of the Park Committee, requested that his committ e be given an additional two weeks' to consider' the proposed WPA projects referred 17 to his body at,the last ,meeting of the council, and it wak so granted. I Councilman Fred Carlson.. Chairman of the Street Committee, announced that I the City clean-up campaign, sponsore~ by the Eugene Garden Club, had been properly taken care of and recommended the payment of $150.00 appropriated by the council fo this work to be made to the various garbage haulers upon proper requisition and it 18 was so ordered. / Communication from Mrs. Isom Miller reporting on the neglected condition of the center parking strips on Villard Street and requesting that some action be take , 19 was ordered filed. I Communication from the Vermont Loan and Trust Company requesting a renewal of an easement along the South line of their property at 2000 Fairmount Boulevard, which joins a parcel now owned by the City, was referred to the City Attorney and 20 City Engineer for sttidy. -. /' Upon recommendation of Building Inspector S.R. Mosher, the Council approved condemnation of house at 2411 Potter Street, owned by the City, and the City Attorn y was instructed to institute the necessary proceedings for removal of the same from 21 the premises. I Report. of M'r. Mosher reveal~d that the house at 1432 Moss Street (Lot 8" Block 5, Fairmount Addition) belonging to John E. and Jirnti1ie Macauley of Creswell, was badly dilapidated, constituted a fire hazard and the sanitary facilities wretch d. He recommended that it be condemned and wrecked. Upon motion made and seconded, his recommendation was duly approved and the city attorney instructed to commence 22 condemnation proceedings. I I Mr. Mosher reported that he, together with other officials, inspected the" property at 1028 Kincaid Street, belonging to E. R. and Bessie Moon of Greensburg. Indiana and found at the rear of the house an old building which has been converted into small living quarters. He states that this building is a fire hazard and sani tary facilities are very limited. He recommends that the building be condemned and the premises cleaned and upon motion made and seconded, his recommendation was duly 23 approved and the City Attorney instructed to commence condemnation proceedings. / I BUilding Inspector' further recommended that the house at 1257 Adams Street, owned by the City, be condemned, and 'upon motion made and seconded, recommendation' was duly sustained. The City Attorpey was instructed to commence condemnation pro- 24 ce~dings ~ ' ., l.~ <.... ./ Reques,t of E. F. AtChley for permission to use one room of the building at. 1339 Oak Street for a barber shop, was presented to the Board of Appeals. As this building was erected for that purpose previous to the passage of the zoning ordinanc , the Board recommend:,ed that the request. be granted, and action was sustained by the 25 coupe! 1. j ... -C; ~.. .' ...... ~ 101 - - ~ Request of' R. A. Babb for a permit to install stell sash, wire glass' windows in walls abutting property lines, was presented to the Board of Appeals. ........ Ii't.J1l' I Owing to the location of the building, which is at the intersection of the alleys ..-...... (~:~" between Willamette and Oak Streets and between Seventh and Sixth Avenues and the I'~ sur'roundings" the Board recommended that the request be granted and action was sus- ..~ 26 tained by the Council. / The Board of Appeals recommended that the request of J. A. Flanigan for a permit to erect an addition to his cat and dog hospital at 739 High Street, be gran ted and upon motion made and duly seconded, the recommendation of the Board was 27 approved. I I The City Recorder presented 8.1 communication from the President of the Oregon Fire Chiefst Association wherein they solicit the cooperation of the council in sending Fire Chief-Nusbaum to the 19th Annual Conference and Fire School of the Oregon'Fire ChiefsJ Association at Pendleton, Oregon, September 12, 13 and 14,1938. It was pointed out that in the past, the City of Eugene firemen have participated in contests and have won a majority of the prizes and it is felt that the City should send a drill team to this convention. The matter was held until such time that Councilman Hanns, Chairman of the Fire and Water Committee, could be present. 12~ , and personally discuss the question. Petition from residents in the vicinity of the Northwest Corner of North Lawrence and Cheshire Streets, protesting the establishment of a woodyard at that locationr was read and ordered filed. The request of A.S. Peterson, who had petitioned the council for permission to maintain a woodyard at this location, was /29 denied earlier in the meeting. . An Ordinance making it unlawfui to possess, to selJL or give away matter which'is non-mailable under the Federal Code, had its second reading and held until the next meeting of the Council for its third and final reading. A proposed amend- ment to this ordinance, as draftsd by C. Madison Landaker, was referred to the 30 Judiciary Commi t;tee and City Attorney for' stUdy. An ordinance fixing a license tax upon every dealer' who shall sell tobacco in any form in the City of Eugene, had its second reading and was held for third I 31 and final reading until the next meeting of the council. An ordinance to prohibit the sale and use of fire crackers, sky rockets, torpedos, bombs, cap-pistols and other similar explosives, or the sale or use of confetti, and providing a penalty for the violation thereof, had its second reading 32 and held until the next meeting' of the council for third and final reading. City Attorney S. M. Calkins stated that arrangements had been made whereby demolition of the house located at 731 Charnelton Street would be commenced without / 33 the regular condemnation proceedings. Mr. Calkins further reported that the City would take steps to remove the /34 house located at 661 Monroe Street. Mr. S. M. Calkins, City Attorney, reported that Jake and Julia Marguth, owners of the house located at 1061 Tenth Avenue West, would be notified of the dilapidated condition of the building, and felt that they would very likely remove the same without the necessity of the city entering into regular condemnation pro- 36 ceedings. , An ordinance directing that a permit be issued to H.B. Brady to build an auto court on Franklin Boulevard between the Mill Race Bridge and the Anchorage, was read the first time and passed to its second and third readings by unanimous consent of the council by title under suspension of the rule and placed for final I passage. The ayes and nays were called, councilmen voting aye: Lamb, Reid, Page, Farrington and Bond; nay, none; 'absent, Hanns and Carlson; Hendershott acted as 136 Mayor, pro tem. The ordinance was declared passed and numbered 8543. On behalf of Mayor Large a request was presented that the offer of the Leaiue of Oregon Cities to codify the ordinances of the City of Eugene at a cost of '500.00 be accepted. Upon motion made and seconded, the recommendation of Mayor Large was duly approved and the City Rec,order instructed to furnish all official /37 documents to the League for which they m~ght make written request. I An ordinance providing for the appointment of special officers and pro- hibiting disorderly conduct, the defacing or injuring of property, the possession of firearms and the killing or injuring of wild life in any areas belonging to the City of Eugene and lying outside of its municipal boundaries, had its first reading and held for its second and third r.eadings until subsequent meetings of th 38 council. Resolution directing the City Recorder to give fifteen days notice to Frank L. Chambers, owner of Yates Hotel, requiring him to remove said building and abate the nuisance within thirty days from the expiration of the fifteen days notic , 311 was upon motion made and seconded, duly adopted by the council: ~ r{02 - -- . .... ~ "- - - ~ ~ -- --- ~ RES 0 L UTI 0 N ~.~ I -'"~ 'f\) Th~s matter coming on to be heard before the Common Council of the City or r". oJ- or'-,.. Eugene, pursuant to notice on the 9th day of May, 1938 at 7:30 o'clock P.M. of' said day in the Council Chambers in the City Hall in Eugene, Lane County, Oregon, and, Thereupon Frank L. Chambers, owner of the Yates Hotel, appeared before the I council and the hearing was adjourned until Monday, the 23rd day of May, 1938, at 7:30 o'clock P.M. at said place in the said Council Chambers, and it appeaI"- ing to the Council that complaints have been made by residents and proprietors of business houses situated near the property herein described and a report has been made by the City Attorney, the Fire Chief, the Chief of Police, the Building Inspector and the Chairman of the He~lth Committee, declaring said building to be a dangerous building in fact and a dangerous building under' the provisions of Ordinance No. 8292 and a nuisance:- The Council thereupon proceeded to a hearing and examined various persons upon behalf of the City, including various city officers, and in particular W. C. Clubb" the City Engineer, and members of the Council who had inspected the building, and the defendant Frank Chambers appeared by his attorney William East before the Council and presented his side of the controversy and was given opportunity to present any and all testimony, arguments and statements op be- half of himself, and the Council after having heard all remonstrances, protests and objections, and being fully advised in the premises, at this time makes its Findings, as follows~ 1. That said building be an~ the same is hereby declared to be a dangerous building as a matter of fact and also the same is hereby declared to be a dan- gerous building as defined by Ordinance No. 8292 of the City of Eugene, passed by the Common Council May 9, 1932, and approved by the Mayor May 10, 1932. . , I 2. That said building be and the same is hereby declared to be a public nuisance. 3. That owing to the dilapidated and dangerous condition thereof, and th~ general condition of disrepair, it is impossible to renovate, reconstruct or re- pair the buildings and a reconstruction required under the ordinances of the city cannot be superimposed upon the present structure. That it cannot be made safe and sanitary. 4. That it is the judgment of the Council that the buildings shall be re- moved and the nuisance abated. 5. That the present tenants of said buildings are constantly in danger under' the present situation and should be forced to seek other living quarters, and that said building should be forthwith vacated and should be immediately torn down and removed completely. That said buildings are what is known as the Yates Hotel and are situated at 372 Seventh Avenue East in Eugene, Oregon, and are within the fire limits of the city and cannot be repaired under the city ordinances except ,by complete re- construction. That said buildings are being used as a rooming house and are now occupied by twelve transient families. That the rooms are filled with old mattresses and other combustible materials I and there 1s danger of portions of the building falling and injuring persons. That, said buildings have B, defective chimney and are especially liable t,o fire. That if there was a fire it would trap many of the people living in said buildings, and said buildings are therefore occupied as to endanger property and human life, and are liable to cause fire or damage to the safety of other buildings. That said buildings have eight stoves connected to stove pipes throug windows terminating near the eaves line of said buildings. I That the toilet rooms are improperly ventilated and there is a noxious odor permeating throughout the entire building. That said buildings are valueless, and are sur'rounded by residences and othe'r buildings. That the Common Council of the City of Eugene therefore orders and directs that said buildings be removed and the nuisance abated, and the City Recorder is hereby directed and ordered to give fifteen days notice to Frank L. Chambers and Edith K. Chambers, as owners of said buildings, requiring them to remove said buildings and abate the nuisance within thirty days from the date of noticel and ~ if they fail so to do, that the Council shall thereupon call for bids and order. 11) 3~ -- - - - - ~.. ~ ~ -- -...- and direct by, ordinance the removal of the buildings and assess the cost, 3~ thereof"upon the property, benefitted as provided by said Ordinance No. 8292. ;-,,,- I -'-'1- Resolution authorizing the City Recorder to sign a full. and complete release ~~ .- ~ "'~ . of all claims of the city because of the destruction of a water hydrant as a :lJ result of an accident that occurred at the corner of Eleventh and Lincoln Streets Ie to the defendants .in said action, was upon motion made and duly seconded,-adopted by the Council; I ,R E S 0 L'U T ION I WHEREAS, heretofore the City of Eugene brought an action for the r~covery of $22.50 because of the destruction of a water hydrant as a result of an accident that occurred at the corner ,of 11th and Lincoln Streets in the City of Eugene, and WHEREAS, the City of Eugene started an action for the recovery of said sum and subsequently settled the action by stipulation under which settlement the city received the full amount of the damage to the fire hydrant, and a copy of which Stipulation is hereto attached, now therefore, BE IT RESOLVED BY THE GOMMON COUNC 1L OF THE CITY OF EUGENE, That the City Recorder be and he is- hereby authorized and directed to sign a full and complete release of all claims of the city because of said accident and deliver the same to the respective defendants in said action. An ordinance granting to the WeEtern Union Telegraph Company its suc- cessors and assigns, a franchise to place, erect, lay, maintain and operate in, upon and under the streets, alleys, avenues and public highways of the City of Eugen , poles wires and other appliance~ for the transmission of telegraph messages, had its first reading and held for second a,nd third readings until later meetIngs of the council. The City Recorder was instructed to publish said notice of franchise, 41 giving due notice for objections and remonstrances. I Acting Mayor' Arthur Hendershott announced that Mr. C.C. Hockley, re- presenting the Federal Emergency Administration of Public Works, will' be in 'Eugene on June 28th at 4:00 o'clock P.M.. in the Council Chambers to discuss public works 42 projects. He urged all councilmen to be present. . 43 Upon motion made and duly seconded, the meeting was adjourned. C. M. Bryan Ci ty Recorder' , . I I . . ~ -----