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HomeMy WebLinkAbout09/22/1947 Meeting ~ 413 - - - ~- ~.- -- - ~ - - --- Council Chambers Eugene, Oregon , September 22, 1947 I .,,~ Minute.s of the regular meeting. of the Common. Council of Eugene: held September ;'\j 22, 194~ at 7:30 P.M. The meeting was called to order by his Honor, Nayor Earl ":\~ McNutt. Councilmen present at rollcall were - Hawn, Davis, Crumbaker, Bailey, Allen and Wells. Upon motion the minutes of the last regular meeting held September 8,'1947 were considered read and approved. I REPORTS OF COMMITTEES A report of the Special Council Committee re: Frank Willts rezoning appli- 1 cation, was submitted and read as follcws: " "Your Special Committee, appointed by the Mayor to review the application of Mr. Frank Wills rezoning of certain properties on West 12th, begs to report as follows: Your Committee has inspected the property in question and has consulted with the applicant. with reference. to his plans for> development of the property. We find that under pr.esent zoning regulations it would, permi t a. di vision of property under separate ownership and the construction of 4-unit apartments. Your.Committee feels that the plans of the' applicant as outlined to the committee, would make for better development of the property and we, therefore, recommend that the application of Mr. Wills be granted." It was moved by. Bailey, seconded by Crumbaker that the report of the Committee be received and placed on file and that the recommendations contained therein be approved. Motion carried. REPORTS OF OFFICERS 2 A report of. the-.City Manager.,- wa.s. submitted. and read,'as follows: I "I should like to report. at this time that the final plans and specifications for the installation.of the West-side sanitary trtmk sewer system have been filed by the consulting engineers and bids have been called for opening October 14. The contract will cover the following: Trench excavation and backfill 10,200 cu.. yds. Concrete sewer pipe 8" to 24" 16,500 line ft. Standard and special,manholes 52 In or.der to bring. this. Job to a bid call this fall, we have. eliminated the pumping station construc.tion and installatio.n. of the lift pumps. However, we are advertising. for these. pumps and will call for the second and final contract early next spring. The completion of the piping sys.tem will depend largely on weather conditions this fall but we hope to be. in a position to accept petitions .for lateral sewer lines in the West-side area by next summer. The completion of this contract will practically complete the sanitary trunk sewer net work which was undertaken in 1946. I should also like to report at this time that preliminary: plans on the Amazon project for the area within the City limits are being prepared by the Army Engineers and should be ready to submit to the Council. for its consideration.. at an early date." It was moved by Crumbaker, seconded by Hawn that the report of the Manager be re- ceived and placed .on file. MO.t.ion carried. I REPORTS OF.BOARDS AND COMMISSIONS 3 A report of the Board of Appeals. was. submitted and read as follows: "A me.eting of the Board. of. Appeals was held in the office of the Building Department September 19, 1947 at 5:00 P.M. to consider the following requests for waiver of the City of Eugene zoning ordinance: I 1. A r,equest. from. Mrs. Cora I. Pirtle to establish five apartme.nts in a single family zone. This involves the conversion, of a non-co.nforming building, the front portion of which was a nej.ghborhood grocery store which she desires to conve.rt to two apart- ments. There. exist.s to the rear of this building a small house which. is a part of the property and 1s joined to the building in front by an apartment which is above the roof-line. Below. this apartment is an area evidently used for garage purposes, which Mrs. Pirtle also wishes to make over into an apartment. The Board of Appeals recommends that this request be referred to the Planning Commission for rezoning. There is neighborhood protest against this project. ~ ~44 - -.::'- __"7-."" - -- -.--_- __ --- - , _ + _ . =. . L .,.. _. __ ,_. __ . _. _ _ __ _". _ _" _ _ _ _._. . ... . :. .0 _ .+. -:0- _ _ _ 1= . ."~.'...." _ =.' .... ' .. ..,. .~"'_.' = .. __.....' _ ".. 0 u,".' 'd.' ",... _.--' -"j;'-".' ". _' ... .-'-' I: : 2. A request . from Mrs...M. A.. Ward .a,t 2527, Agate St. for a w~iver. of set-Dack ! for a garage on 25th. Avenue" whichis.on the, rear of her lot . This.. garage is I , l~'" partly constructed and.. extends. beyond. the permissable setback. for. a. cornel' lo,t. \: I ~." '-;;" The Board feels that since the lot in question is fifty-four feet (54 t) wide that ,I ~ Mrs. Wardshould,.move...her...,gar:age. South and thus.. comply with the setback in.the block~" ~ . il . , I: It was.mov;ed.. by Cr.umb a ker,., ' seconded by' Davis tha t the. report of the Board of -Appeals 1, be received and placed on file and that the recommendations contained therein be. 1: approved. Motion carrled.. (Mr. Johnson entered at this time)/,,;, ~: : ; i: An agreement between the C1 ty of Eugene and W.' A. Terry and Margaret TerrY"l:'e: ....Ii . 4 set-back at, 1371 West 6th" Avenue"was.submitted and read as follows: - '\~~'~ I I' TTHIS AGREEMENT, made and. entered into this 18th. day. of September, 1947 by and ;' betWeen the CITY OF EUGENE, a munici.pal corporation of Lane County,. Oregon, as I' City, and W. A. TERRY and, ,MARGARET TERRY, :husband and wife, as Owners, , ;. ,. , ". 1: W.IT N E SSE T H I That 'Wherea's, the, City has in force and effect in said City a set-backordi-' I: nance providing that buildings erect.eden the North side of Sixth Avenue West shall ': . I' be .. s.e.t . back... 16. feet from the. pr.op.erty l1.ne, and.. f . I WHEREAS, the Owners desire to erect a building on the following described :: property, to-wlt:. - ;i . r Beginning ata point..on. the, -Nor.th: line. of 6th. Avenue. West.. 100 feet of :' the..Southeast corner .of Fractional Lot 4, in. Fractional, Bl.ock;$, in .;' Skinner's original.dona.ti.on. to Lane County.. {now, a part,of the City of Eugene), running. thence West along. the North line of 6th: Ayenue afore- i said 60 feet, running thence North 50 feet, thence East 60 feet, thence I. South 50 feet to the place of beginning, all in the Ct ty of Eugene, . Lane .Coun.ty Oregon.; which building it is desired by the Owners shall encroach upon and extend southerly across the set-back line. af.oresaid,; and,.. . WHEREAS, the City does no~ intend to immediately widen said street but desires I to protect its rights in so. d,01.ng.,_ !" I NOW, THEREFORE, in.cons.ideration of. the.' premfses, it is agr.eed be,tween the parties. hereto. tha.t the Owners .ma.y" erect the. structure now pro,posed .to,.be erected on. the above' descTibed r:eal esta,t.einsuch a manner that" there shall be a definite break.. in the'8,ctual ,construction. a.t .the po.int.where such structure should cross the aforesaid set-.back.l.ine,,,and.that.the. portion of. the building constructed southerly! of such building set-back line shall be so constructed that it can be separated : and remove,d.withoutinjury. to the .remaind er of the building... i . " It is further. agreed, between the parties hereto that in, consideration of the C1 ty' s permitting the Owners to. .ere,ct.said huilding as aforesaid", that tp.e said Owners hereby. . expressly agree on, behalf of thems.el,ves , individually, the.ir re- spective heirs and assigns, said. agre.ement. :t)o. run w.i th the. land and bind it, that at any time the . City, or, any.'agency of the State of, Oregon shall under,take to widen Sixth Avenue. West, that:.the said ow.ners, ,the.ir he.irs.. and assigns aforesa.id, shaill make no claim for damages: on.. account of. the, portion.,of said building standing and . encroaching. southerly of the aforesaid set-back line, but shall claim. damages only ! for the land taken and that the Owners, their, heirs and assigns.,. shall, upon demand of.the. City, in case of such street widening, immediately remove that portion of the buildtng encroaching and overlapping the set-back line as aforesaid, without expense. .to the City.. In the event the ,pre.s.ent.$et~backlineordina.ncereferred to above shall be i I modified or repealed, it _ is. hereby -agreed that. in. the..ev.ent . of suchmodif ication, : .such. modification. shalLin.ur,e. t.,o, ,.thebene.fit.of .the. Owners her.ein, and.. their suc- h cessors. . in.. ,interest. in.. the . ownership" of said real. propert.y,. and...that...in.. the eV,ent i: > of the. repeal of: said,.,ordi.nance, .this,agreemen.t .shall" in such event., be annulled I: and held .for naught, and the Owners herein or their successors in interest in the ownership of said property shall be relieved' from any of.1?he:obligations of this agre ement. .' This contract. i.s...en.tered intoa.nd. aC.,l{now, ledged' and recorded to.. g. ive notice to I all subsequentpur.chase.rs of said prop,ert'y that .the City shall not b~bound to pay any damages for that portion of said ,buildLng constructed southerly of said building:. set-baclc line incase ofa. widening..o.T-.cond.emila;tion.of. said...street. . This contract shall bind the heirs, executors, ad~inistrators and assigns of the respecti.~ parties. heretG. . . . IN WITNESS WHEREOF,. the Oi ty . has caused these presents to be e~,e:(p~,~.ed by its officers. thereto duly authorized, and the Owners have hereunto set th'~~p. hands and seals this day and year f'irst written above. ..,' ;, Ii I ~ ' ,. :' ~ (i!~ J1; U ~ -- --- - - - ------_._---~-~ -- - ------ --.--- It was moved by Crumbaker, seconded by Davis that the agreement be approved and that I the proper city officers be authorized to sign, ,the agreement. Motion carried. .,~ 5 A perman,ent report of the Planning,Commi.ssion was submi,tted and read as follows: ~, %t'O "As a permanent report, pursuant to the Resolution, of the Common Council of the .,'!.. City of Eugene directing the City Planning Commission to prepare a report upon certain requests for reclassification and rezoning in areas within said City, the Ci ty Planning, Commission hereby, adopts as its permanent ,-report, the fOllowing: I The Planning Commission recommends the following rezoning and change of classification, to-wl-t: UPON THE RECOMMENDATION OF THE PLANNING COMMISSION: ... Lots 5 and 6, Block 9, Driverton Addition to Eugene, Lane County, Oregon. Property located at the Northwest corner of ' 19th Avenue East and Hilyard Street in said City. Recommended change from business (B-2) classification to Multiple Family (R-3) classification." It was moved by Wells that the action of the Planning Commission be sustained as to changing of zone for property, exc-ept 80' x 100' tract to be occupied by Richfield Corporation. Motion, failed for want of a second. It was moved by Hawn, seconded by Allen that the permanent report of the Planning Commission report be received ,and placed onf,ile. Motion carried. PETITIONS AND COMMUNICATIONS 6 A petition signed by Dan Sellard and 42 others for the improvement of Harris Street from 24th to, 28,th,Avenues East, including Harris Pla.ce, was submitted. It was moved by CrumbBker, seconded by Hawn that the petition be received and placed on file a~d that the City Attorney be instructed to prepare the necessary improvement ordinances. Motion carried,. I 7 A petition for alley opening between 17th and 18th Avenues West from Lawrence to Washingto,n., was submitted. It was moved by Crumbaker, seconded by Hawn that the petition be received and placed on file. Motion carried. A petition protesting the opening of the alley between 17th and 18th Avenues 8 West from Lawrence to Washington, was submitted. It was moved by Crumbaker, seconded by Hawn that the petition be received and placed on file. Motion carried. A communication, from the Geo. Owen Lumber Co. requesting 45 days permission to 9 store lumber on vacant lots north of 4th Avenue between Filmore and Almaden, was submitted ,and read as, follows: , f "Due to, the extreme car shortage we have found it necessary to place some lumber on vacant lots north of 4th Street between Filmore and Almaden. We under- stand this..a resid,ential distri,ct and" is. not- supposed to be, used for lumber storage, however, to avoid closing our plant,s we have found it necessary to store lumber there and now we respectfully request permission to continue using this for a period not exceeding 45 days, by which time the car shortage will have eased." It was moved by Hawn, seconded by: Davis that the communication be received and I placed on file and that permission be granted ,to maintain temporary storage of lumber on the site for a period not exceeding 30 days, and that the petitioners be notified that additional storage during this period not be allowed. Motion carried. 10 Applications for beer licenses were submitted as follows: Community MarketJ 1201 W. 11th - Package Store Class "A" College Side Inn, 889,E. 13th Ave. - Retail Beer Class. "C" I It was moved by Hawn, seconded by Davis that the applications as approved by the Chief of Police be endorsed. Motion carried.. 11 Various rooming house applications were submitted as follows: Lloyds Auto Court, 1705 W. 6th Avenue Kennedy's Auto Court, 1522 W. 6th-Avenue It was moved by Hawn, seconded by Crumbaker that the applications as approved by the Health, Police and Fire Departments,' be endorsed. Motion carried. ;J ~ ,46 , I , -- .-. . , --- - - . - . --. - -,. - -.. -~ -" -,- " . ... - - - - " ---. - - - _.- - - --- . . --- - __ __ ___ ___~__._ _ __.". _._~ _H _._ ___ _ _ . ~. -- -. -- - - -. - -.-.- - --- , , " ", - - - ~ . ~ -- - ~ -. -- ..... ~-.- -.-- .~-- .'- . . , -. - - .. -. ".-. -. - ~ - - - -- - - - -- - . -. ~ 'I ij I, An appli'cation for rezoning was submitted by Carrie ~eese for the reclassifi-, !: 1,2 catio.q of property loc~ted at .1690 Moss Street from Single family residence to r 1 I ,v4. Multiple Family residence. I: ! ..'''''_'':~ " : It was moved by Crumbaker, seconded by Davis that the application be referred by I I' necessary resolution to the.,.Pl~nn-ing Commission. I, i i; ORDTNANCES, I .' :~ " Council Bill No. 256 - Levying,,,ass,essments fQr the construction of a sidewalk I: 13 .. on the North side 0f 13th Avenue West from ,Chambers to Grant Streets, read the first;: time Sept. 8, 19,47, was brought. on"for..secotld" r.eading. , I ! , , :~ It, was, ,moved b.y., Hawn,,> se,cond,ed by ,Davis tha.t, the,ordinance.,be" read"the, second time. ) ; It. was: moved, by Hawn", seconded "by Davis. that. the rules, be: suspe,nde'cL by", unanimous I , cons,ent, and the ordinance be read the 'third time and given final passage. All Councilmen present voting AYE, the ordinance was declared passed ,and numbered 9060. ,Pennington"absent,." ' . ' -' - I I, Council Bill No. 258 - Amending Section 3 of Ordinance No. 9058 (Solicitorts i~ 14 ,Ord,inance.)" was submi.t,ted" and"read, t,he first."time. , '1 I seconded bi Hawn that the rules be suspended by unanimous .' - It was moved by Bailey, " consent""and,."t he", .ordlnan ce,,,,,be,..rea d" the "s e cond",time,... , . , , f r I,t" was, mov,ed" ,by ,Hawn, ",second,ed,..by:. Bailey: tha.t"the. rulesbe...fur.ther suspended and I' the" ordinance be read the third time and given final passage~ All Councilmen ,: ,present voting AYE, the ordinance'was declared passed and numbered 9061. :' Penningt,on, absent,. Council Bill No. 259 - Re: ReclassificatIon of certain property at 19th and 15 Hilyard was., submit,ted. and, read" the, first time,., It was moved by Hawn, seconded by Bailey that the Council Bill be indefinitely po,s t-j>oned. . .' :' " I ., Council Bill No. 260 - He: Construction of cement sidewalk on both sides .of : 16 15th Avenues West between Lawrence and Washington, was 'submi tted and r'ead the ,first (, time:. , . " ..;.. It was ~oved by Hawn, seconded by Davis that the rules be suspended by unanimous consent ,and. th~ .ordinan,ce be read the second time., It. w~smov:ed. by.. Hawn,. seconded., by, Da'vis that "the" ru'1es, be, furtherd sus,pended and the ordinance,be read the third time and given final passage. . All Council,men present voting; AYE, the ordinance was declared passed andnuplbered'~. Penn.ington absent. CounciL Bill No. 261 - Levyi~g assessments fo.r the construction of a cement : 17 sidewalk. on the West side of Kincaid Street between 26th and 27th Avenues East, was submitted and read. the, first time. , i. " r It was moved by Hawn, seconded by Davis that the ordinance be laid over and that 1; notice be givep to the affected., .property owners. :, . " I RESOLUTIONS I, " , : A resolution .transmitting to the, Planning Commission applicat.ion for the re- 18 zoning of certain",pro,pert.i,es., , was. s.ubmi,tted,.andread, as follow~,:".. . "BE IT RESOLVED by the.Common,Council of the City of Eugene, Oregon, that I there is hereby transmitted to. the City Planning Commission of said City, the followingpetitiops, .for rezoning of property in said City, to-wit: CARRIE MARGARET REESE: The South Sixteen and seven~tenths.Feet(~6.7') of the East One Hundred Ten feet (11.0') of Lot 10 and the .East One Hundred Ten feet (lOOt lofd.Lotll, alL beingil1 Block Fourteen -(14') Fairmount Amended Addi tion to"the. City of Eugene" Oregon., . . : " " ..Property located at 1690 Moss Street. : I Requested change from R-l Single F,amily Residence t.o R-3 i: Multiple. Family, Residence. c,lasslficatlon. Ii ;' and. dire,c,t,ing, the Planning. "Comml.ssion. to adopt a tentative repo;rt, and, to hold a I, hearing thereon inthe'Councll Chambers in the. City Ha;Ll ,of said City.. on Monday, J " October.6, 1947 a~t 7: 30 P.M., after giving p.uedno,ti,ce by publica,tion. once in the I' I' Eugene, Register,'!"Guard,j arid in. ca.se of favora,bl.e report on, any of sa id requests, a ;: hearing is hereby called to be. held at the City Hall at the next ensuing regular I: Council meeting, comtnencing at 7:30 o'clock ~.M., notice of which shall be givep , three times in the Eugene Register-Guard." . " " , , ,I '. It was moved by Davis, seconded by Hawn that the resolution be adopted. Motion , ~ carried. ~ 4'" i' €I - .. - . - .- .- - - -------- - - - -.. 19 A resolution directing the City Recorder to open ballot boxes used in last election and to destroy the. ballots therein contained, waSd submitted and read. I ~ "WHEREAS, a special election was held within the City of Eugene, Lane County, "0 Oregon, on May 17, 1946" and the ballot boxes used in the course of said election ..... .~ have been continuously since and are now in the possession of the City Recorder of ~ " said City, locked and, unopened; and, WHEREAS, said City has directed the holding. of.a special election, contempor- aneously with a special election to be held throughout the State of Oregon on October 7, 1947, and it is necessary to make use of said City ballot boxes in the I forthcoming, special elect.ion,. NOW, THEREFORE, by reason of the premises and the laws and statutes of the State of Oregon, IT IS HEREBY. RESOLVED, that the. City Recorder be and he is hereby directed to open said ballot boxes used in the last election aforesaid, and being retained in his possession unopened, and to destroy the ballots therein contained in the manner prescribed by law." It was moved by Crumbaker, seconded by Davis that the resolution be adopted. Motion carried. 20 A Resolution - Re: Frank Will's rezoning application was submitted and read as follows: . "RESOLVED, that the recommendation of the Planning Commission denying the application for rezoning filed by Mr. Frank Wills be set for public hearing on October 0, 1947 and that notice of the public hearing be published as required by law. " It was moved by Crumbaker, seconded by Davis that the resolution be adopted. Motion carried. I UPON MOTION THE COUNCIL ADJOURNED. . 0 - - . I .- - .. - I . - - - .- 0 .. ~ : - ,.~ ,;~ -'.-...-.-.-.'. '.. . -...-.'------.---- - _.._-- _.~-,--_----....,- ~ '_.._-