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City Debates Beer, Housing, & Unlicensed Cabs

Thursday, July 11, 1940 regular
  • Public Hearings on Zoning:

    Austin officials considered allowing a new cafe to sell beer despite neighborhood protests, debated converting a former stockyard into residential areas, and moved to permit denser housing development in certain zones.
  • Airport Expansion:

    Plans were discussed to remove zoning restrictions on city-acquired land near the municipal airport to allow for commercial aviation uses, including a ground school.
  • Taxi Regulation Enforcement:

    Following protests, the City Attorney was instructed to take action against "Negro taxicab owners" operating without required licenses or bonds.
  • Infrastructure Upgrades:

    Permits were granted for the installation of new gas mains and telephone pole lines across several city streets.
  • Fiscal Accountability:

    The city authorized the destruction of over $600,000 in redeemed municipal bonds and interest coupons after verification.

Full Transcript

466 REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, July 11, 1940. The City Council convened in regular version, at the remuler meeting place in the Council Room at the Municipal Building, on Thursdey, July 11, 1940, nt 10:40 A. M., with Mayor Tom Miller presiding. Roll coll showed the following members present: Councilman Alford, Gillis, and Mayor Miller: abnent, Councilmen Bartholomew and Wolf. The Minutes of the regular and special meetings of July 3, 1940, were rend, and upon motion of Councilman Gillis, were adopted as read by the following vote! Ayes, Councilmen Alford, Gillis, and Mayor Miller; nays, none; Councilmen Bartholomew and Wolf absent. The public hearing on the proposal of the City Council to amend the Zoning Ordinance so as to change the moning of Lots 31, 32, and 33, N. A. Ladd Addition, said property facing the Lower Georgetown Rond and Capitol Court, from "0" Commercial District to "C-2" Commercial District, which was continued from the last regular meeting, was reopened. William Bohn and Chas. B. McCullough, by proxy, William Bohn, protested the change on the ground that it would permit the sale of liquor, which was objectionable so near their residences. Bryan Blalock, Attorney for Proponent, plend for the change on the grounds that the property was to be used for a cafe and could not be thus utilized unless the sale of beer were permitted; and that it was not the purpose of his client to permit a nuisance there. Eugene Thompson, the proponent, and William E. Simpson, property owner, plend for the chance on the ground that it was necessary for a commercialization of the property, and that no nuisance would be allowed. No other property owners or interested persons requesting to be heard, netion on the matter was deferred. The following report of the Board of Adjustment was received: "Austin, Texan June 25, 1940 The Honorable Mayor and City Council Austin, Texn Gentlemen: The following is a copy of a resolution which was passed by the Boord of Adjustment at a meeting held on June 25, 1940, which is hereby respectfully submitted for your considerationt RESOLUTION. WHEREAS, the O1ty Council of the City of Austin, pursuant to the terms of Section 30 of the Zoning Ordinance of the City of Austin, hos referred to the Zoning Board of Adjustment for its concideration a petition of Sam G. McDonald, by his attorney, T. A. Tyler, requesting a change in the Height and Aren designation of the following propertyt Lote 15 and 16, in Block 15, Division "D", of the City of Austin, from First Height and Area District to Second Height and Aron District; and WHEREAS, the Board of Adjustment to meeting hold on June 25, 1940, carefully considered thi petition: and WHEREAS, this petition in for a chance in the Height and Area designation of this property only, and there will be no change in the Use designation thereof; and WHEREAS, this property is now classified on "B" Residence District, which, under the terms of the Zoning Ordinance, permite among other uses the crection of oportment houses, apartment hotels, fraternity and corority houses, boarding houses, and rooming houses, and WHEREAS, this property is now classified as a First Height and Ares District, which restricts the lot aren per family to 2000 square feet; and WHEREAS, this petition is for a chence from First Height and Aren District, in which district the lot pren ner family is minimum of 1000 square feet; and WHEREAS, there is a correlation between the Use District designation and the Height and Aren decienation such that in generel a "B" Residentiel District coincides with the Second Heicht ond Aren District in order that the maximum benefit of the Use designation requirements may be realizod in the development of the property; and "R" Pesidentinl WIIERMAS, the Boord deemed that inasmuch as the appellant property now 1100 in District it full development of "B" Besidential District is ectummed owing to the fact that it 1.100 in First Height and Ares Districts therefore, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT: THAT the nhove chance of the Height and Aren donimnotion of the above described property is recommended to the City Council in order that the owner of the property may enjoy full use of his property under its Une classification. Respectfully submitted, BOARD OF ADJUSTMENT By /n H. F. Kuchne Chairman. 1 In accordance with published notice thereof, the public hearing on the proposal of the City Council to amend the Zoning Ordinance in the following particulars was openedt To amend the Height and Aren District of the following described property: Lots 15 and 16, in Block 45, Division "D", of the City of Austin, said lots fronting 200 feet on West 24th Street end minning back northerly to a depth of 100 feet, so as to change same from First Height and Aren District to Second Height and Area District. No one appearing to protest the proposed change, the City Attorney was instructed to prepare the necessary ordinance. The following report of the Board of Adjustment was received: "Austin, Teхла July 9, 1940. The Honorable Mayor and City Council Austin, Texne Gentlemen: The following is a copy of a resolution which wan paared by the Board of Adjustment at a meeting held on July 9, 1940, which is hereby respectfully submitted for your consideration: RESOLUTION. WHEREAS, the land west of Pleasant Valley Rond, south of Enst First Street has been abandoned ne a stock yard; and WHEREAS, this land extending from the present commercial district on Fant First Strect down to the Colorado River, west along the Coloredo River to Pedernaler Street is now shown on the Zoning Map of the City of Austin on an unrestricted district end thet portion long Plongant Valiny Rond to be a Third Height and Aren District and the remainder First Heicht and Aren District; and WHEREAS, the Zoning Man shows that 11 of the property "urrounding this land with the excention of that fronting on East First Street and the City property to the west thereof is now located in on "A" Reridonting District and First Height and Aren District; ond WHEREAS, the Board of Adjustment has been informed that enittomat is being made to re-Atablich, tock yard on this property, which would create the come objectionable, unannitary, and depressing conditions on the surrounding residential property; therefore, BY IT RESOLVED BY THE BOARD OF ADJUSTMENT: THAT it is recommended to the City Council that 11 thet property now hown on the Use District Mop en "g" Heavy Industrial District, and thrt portion "hown on the Poicht and Aren Mop now of Third Height and Aren District be chonered to an "A" Posidontinl District and First Height and Aron District. Remnectfully submitted, BOARD OF ADJUSTMENT By // H. F. Kuehne Choirmon. N A public herring on the chonce in zoning as recommended in the foreroine report of the Board of Adjustment we colled for Thursdey, August 1, 1940, at 11:00 A. Μ. The following report of the Board of Adjustment was received: 467 468 "Austin, Texen July 9, 1940. The Honoreble Mayor and City Counc11 Austin, Texan Gentlement The following is a copy of a resolution which was passed by the Boord of Adjustment nt a meeting held on July 9, 1940, which is hereby respectfully submitted for your considerationt RESOLUTION. WHEREAS, the City of Austin recently required certain property north of the Municipal Airport, which is now zoned an Residential. "A" District, First Height and Aren District: and WHEREAS, this property is to be used for ovintion purnoner, including the erection of a building and other improvements for a ground school, thus commercializing the use of this property; and WHEREAS, under the present zoning classification, the Building Inspector can not legally issue a building permit for any commercial use of this property; and WHEREAS, the present Municipal Airport is owned by the City of Austin and is frec from any zoning restrictions; therefore BE IT RESOLVED BY THE BOARD OF ADJUSTMENT: THAT it is recommended to the City Council that the present zoning classifiontion of all that property east of Lots 15 and 35, of Ridgetop Gardens between the Airport Rond and the north city limite and extending to the east city limits have the present zoning restrictions with respect to Use and Height and Area removed so that this property w111 be in the same category as the Municipal Airport itself in order that it may be developed and used for aviation purposes, both publicly and privately. Respectfully submitted, BOARD OF ADJUSTMENT By /s/ H. F. Kuehne Chairman. 11 A public henring on the change in coning as recommended in the foregoing report of the Board of Adjustment was called for August 1, 1940, at 11:00 Α. Μ. Jenge J. Bartlett, Attorney for the 20-Cent Taxicab owners, oppeared before the Council and protested against the Negro toxicab owners'operating without license or bond. The matter was referred to the City Attorney to notify such toxiends that they were operating illegally. Ben Purnell, representing the Building Contractors, appeared before the Council and protested agninst the provisions of Section 17 of the Plumbing Ordinance. The matter was referred to the Building Inspector for consideration and recommendation. The following resolution was introduced by Councilman Alford: WHEREAS, Texn Public Service Company har presented to the City Council tentative mode or pleng showing the proposed construction of its on maine in the streets in the City of Austin hereofter nomad, and nid maps or plens have been considered by the City Council; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Teyne Public Service Company be and the some is heroby permitted to lay and construct ita mos moins in and mon the following streetst (1) Agar main in SALINA STREET from Pennsylvenie Avenue northerly 126 feet, the center. line of which as main shall be 7 feet west of and porallel to the cost property line of anid Salina Street. Said gas main described above shall have a covering of not less then feet. (2) As main in EVANS AVENUE from Enst 46th Street northerly 187 feet, the centerline of which gac main shall be 73 feet west of and parallel to the east property line of said Evans Avenue. Said gas main described above shall have a covering of not less than 2 feet. (3) Agar main in SPEEDWAY, from East bard Street southerly 1.36 feet, the conterline of which gas main shall be 30 feet east of and parallel to the went property line of said Speedway. : Said ces moin described above shall hover coverine of not less than ?? foot. The Teyne Public Service Company is hereby put upon notice that the City of Austin does not quarantee that the spone assigned above is clear from other underground utilitior, but is bered upon the best recorda we have at hand, and that the minimum depth stoted does not have any of the frat that grenter depthe may not be required at special points. When the Texas Public Service Company requires definite information upon the ground as to elevations or working points from which to base the location of their assignments, they shall apply to the City Engineering Depertment not less than three (3) daya before such information is required. The Texas Public Service Company is further put upon notice that they will be required to bear the oxnence of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT whenever pavement is cut in the vicinity of a fire plug, water must be used at intervals during the course of backfilling of the ditches. THAT the work and laying of anid gas mains, including the excavation in the streets and the restoration and maintenance of said streets after said mains have been laid, shall be under the supervision and direction of the City Manager, and under all the pertinent terms and conditions of the certain franchise granted to anid Company by the City of Austin. Upon motion of Councilman Alford, the resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, and Mayor Miller; nays, none; Councilmon Bartholomew and Wolf absent. The following resolution was introduced by Councilmon Alfordi WHEREAS, the Southwestern Bell Telephone Company has presented to the City Council tentative maps or plans showing the proposed construction of its pole lines in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Engineer; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the Southwestern Bell Telephone Company be and the same is hereby permitted to construct its pole lines in the following streets! (1.) A telephone pole line in EAST 38TH STREET from Duval Street to Waller Creek, the centerline of which pole line shell be 1 foot south of and morellel to the north property line of seid Host 38th Street. (2) A telephone pole line in EAST 38TH STREET from Waller Crees to Red River Street, the centerline of which pole line shall be & feet south of and parallel to the north property line of onid Enst 38th Street. THAT the work and constriction of said pole lines, including the excavation of the streets and the rostorption and maintenance of seid streets after cold pole lines have been constructed, chall be under the supervision and direction of the City Manager and in necordance with the ordinence and remulations of the City of Austin coverning much construction. Unon motion of Councilman Alford, the resolution was adopted by the following vote: Ayes, Council.mon Alford, illis, and Mayor Miller, neye, none; Councilmen Bartholomew and Wolf shoont. Councilmen Cillis introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the erection of loading platform in the idevelk pren on the San Antonio Street ride of the property situated at the southeast corner of the intersection of West Second Street and Son Antonio Street, which property is owned by Calencieu Lumber Company and is decienated as Lote 7 and 8, Block 2, of the Original City of Austin, Travis County, Texas, ond hereby authorizes the coid Colencieu Lumber Compony to constrict and maintoin caid londing platform, subject to the camel being constructed in compliance with 11 the ardi- nonces relating thereto, and further subject to the foregoing attached recommendations; and the Building Inspector is hereby cuthorized to issue a building mormit for the crection of this loading platform after full compliance with all the provisions of this resolution, and paid permission wholl 469 470 be held to be granted and accepted subject to r11 necessery, repmonoble and propor, procent and future regulations and ordinences of the City of Austin, Texas, in the enforcement of the proper police, traffic and fire reculations, and the right of revocation is retrined if, ofter herring, it is found by the City Council that the grid Colcasieu Lumber Company has failed and refured, and will continue to fail and refuse, to perform any such conditions, regulations and ordinances. (Recommendations attached ) "Austin, Teхав July 10, 1940 Mr. Guiton Morgan City Manager Austin, Texno Dear Sirt We, the undersigned, hove considered the application of Calcasieu Lumber Company for permission to construct and maintain a warehouse with londing platform in the sidewalk area along San Antonio Street in front of the new planing mill situated at the southeast corner of the intersection of West Second Street and San Antonio Street within the corporate limits of the City of Austin, Travis County, Texas, which property is known as Lots 7 and 8 in Block 2, of the Original City of Austin, and we hereby advise that the following conditions exists The property upon which this planing mill is to be located is designated as "C-?" Commercial Use district as shown upon the zoning maps of the City of Austin. This neighborhood is essentially a warehouse district, in which a number of warehouses now exist with loading platforms extending out over the sidewalk area. We recommend that Calcasieu Lumber Company be granted permission to construct and maintain said loading platform on the sidewalk aron on the Son Antonio Street side of the above described property subject to the following conditions: That the proposed loading platform be constructed according to the plane on file in the Building Inspector's office and that all grades and lines for the curb in front of this property be constructed along the lines given and with the approval of the Engineering Department of the Oity of Austin. Respectfully submitted, /s/ J. E. Motheral City Engineer /s/ J. C. Eckert Building Inspector. ॥ Upon motion of Councilman Gillis, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, and Mayor Miller: nays, none; Councilmen Bartholomew and Wolf absent. Councilmen Alford moved that a taxicab license be granted to W. E. Jamison, 823 West 11th Street, in accordance with the recommendation of the City Manager. The motion prevniled by the following voter Ayen, Councilmen Alford, Gillis, and Mayor Miller; naya, none; Councilmen Bertholomew and Wolf absent. The following resolution was introduced by Councilman Alford: WHEREAS, the City of Austin har moid bonde mounting to $348,500.00, together with motured intorest coupons on its bonded debt in the agererate amount of $280,270.00, as followst Description Bonds Interest Yenr Numbers Amount Coupons Totol 1910 School $ 1,500.00 $ 1,500.00 1912 Sanitary Sever 211-220 $ 10,000.00 2,000.00 12,000.00 1912 Street Improvement 211-220 10,000.00 2,275.00 12,275.00 1915 School 181-190 10,000.00 3,500.00 13,500.00 1915 Sanitary Sever 47-148 2,000.00 175.00 2,175.00 1915 Street, Bridge & Sewer 321-335 15,000.00 5,150.00 20,150.00 1916 Refunding 790 & 859-897 40,000.00 14,543.75 54,843.75 1917 Ridgetop School District 250.00 250.00 1918 School 71-32 2,000.00 950.00 2,950.00 1918 Sewnce Disposel Plant 101-105 2,500.00 2,500.00 5,000.00 1921 Hospital 14 1,000.00 1,020.00 2,020.00 1923 Govolle School District 150.00 150.00 1924 Garbage Incinerator 19-20 2,000.00 1,575.00 3,575.00 1924 School 82-89 8,000.00 20,875.00 28,875.00 1924 Water Filtration Plant 89-97 9,000.00 10,450.00 19,450.00 1926 School 36-39 4,000.00 5,462.50 9,462.50 1928 Hospital January 1 22-23 2,000.00 3.336.25 5.336.25 Bonda Interest Year Description Numbers Amount Coupons Total 1978 School 57-64 $ 8,000.00 $ 10,767.50 $ 18,767.50 1928 Street Improvemont 36-79 4,000.00 6,182.50 10,182.50 1928 Airport 16-17 2,000.00 2,650.00 4,650.00 1928 Fire Stations 16-17 2,000.00 2,650.00 14,650.00 1928 Porks & Playgrounds 16-17 2,000.00 2,690.00 4,690.00 1928 Hospitol November 1 11 1,000.00 1,765.00 2,765.00 1978 Sonitory Sever 11 1,000.00 637.50 1,637.50 1929 Street Improvement May 1 91-102 12,000.00 20,638.75 32,638.75 1929 Sanitary Sewer Mny 1 44 119 6,000.00 9,785.00 15,785.00 1929 Parks & Playgroundn May 1 34-38 5,000.00 7,980.00 12,980.00 1929 Fire Stations May 1 5 1,000.00 997.50 1,997.50 1929 Street Improvement December 16 87-99 13,000.00 23.987.50 36,987.50 1929 Sanitary Sever December 16 27-30 4,000.00 6,958.75 10,958.75 1929 Parks & Playgrounds December 16 23-25 3,000.00 6,032.50 9,032.50 1929 Abattoir December 16 12-13 2,000.00 2,992.50 14,992.50 1931 Street Improvement 91-105 15,000.00 28,547.50 43,547.50 1931 Sanitary Sower 15-16 2,000.00 4,037.50 6,037.50 1931 Parks & Playgrounds 26-29 4,000.00 8,170.00 12,170.00 1932 Public Library 17-19 3,000.00 6,625.00 9,625.00 1932 Fire Stations 7 1,000.00 2,175.00 3,175.00 1935 Public Market 8-10 3,000.00 2,660.00 5,660.00 1936 School 27-40 14,000.00 9,510.00 23,510.00 1936 Parks & Playgrounds 7-9 3,000.00 1,620.00 4,620.00 1937 Fire Stations 6-10 5,000.00 2,612.50 7,612.50 1938 School Refunding 1-5 5,000.00 1,950.00 6,950.00 1938 School 1-15 15,000.00 9.375.00 24,375.00 1939 School 24% $253,500.00 $260,010.008513,510.00 46 Revenue Bonds 345-389 $ 45,000.00 3% Revenue Bonds 101-150 50,000.00 $ 11,140.00$ 56,140.00 9,120.00 59,120.00 $ 95.000.00 $20,260.008115,260.00 $348,500.00 $280,270.008628,770.00 WHEREAS, such payments of bonds and interest coupons have been Auly recorded on its bond registers and other books of account, and verified by the examination and audit of certified public accountants; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Manager be, and he is hereby, authorized and directed to destroy or couse to be destroyed, by cremation in the City Incinerator, before witnesses, all such bonds and interest coupons having been fully recorded and verified as above stated. Upon motion of Councilman Alford, the foregoing resolution was adopted by the following voter Ayes, Councilmen Alford, Gillis, and Mayor Miller; nnys, none; Councilmen Bartholomew and Wolf absent. Councilman Gillis moved that the following applications for licenser to operate private bonts on Lake Austin be approved, subject to the approval of some by the Lake Austin Navigation Board: Name and Address of Applicant Description of Bont Cox, Gilbert M. Crowder, E, B. Henry, R. J. Boy Scouts of America, Troop No. 7 1005 West 6th Street 510 Scarbrouch Bldg. 705-B Sparien Avenue Home-made, New, "Miss Jaycee", 6-passenger Neptune, Outboard, 1938 Model, 4-passenger Outboard, 1.940 Model, passenger Merrill, R.E. 4308 Avenue D No. 7 Niles Rond 4708 Avenue G Dixie, Outboard, 1938 Model, Evenrude, Hepannenger Welch, Inboard, 1940 Model, "Joanne", 6-passenger Chris-Craft, Inboard, 1938 Indel, Onbin, 11-passenger Home-mode, Fint-bottom, V-front, Neptune, 3-poenmar Home-mode, Inboard, 1939 Model, 5-pogeenger Severn, H.F. Sundry, J.A. Wiedemann, Arnold Williams, J.E. Flotonia, Texas Star Route B, Box 116, Home-made, Fint-bottom V-front, "Dean", 4-passenger Austin, Texas The motion was seconded by Councilmen Alford, and the same prevailed by the following vote: Ayer, Councilmen Alford, Gillis, and Mayor Miller; nays, none; Councilmen Bartholomew and Wolf absent. Councilmen Gillis moved that the following applications for licenses to operate commercial borts on Lake Austin be approved, subject to the approval of same by the Lake Austin Navigation Board: 471 472 Name and Address of Applicant Burns, Jim- Deep Eddy Store Description of Bont Burns, Jim Deep Eddy Store Fishing Bort, 1940 Model, 14-passenger Fishing Bort, 1940 Model, 4-porrencer Baarna, Jim - Deep Eddy Store Fishing Bont, 1939 Model, 4-passenger Burns, Jim Deep Eddy Store Fishing Boat, 1940 Model, 4-passenger Burns, Jim Deep Eddy Store Fishing Boat, 1940 Model, 4-pnesenger Burns, Jim- Deep Eddy Store Fishing Boat, 1940 Model, 4-passenger Burns, Jim - Deep Eddy Store Fishing Bort, 1940 Model 4-passenger The motion was seconded by Councilmen Alford, and the same prevailed by the following vote: Ayes, Councilmen Alford, Gillis, and Mayor Miller; nays, none; Councilmen Bartholomew and Wolf absent. Upon motion, seconded and carried, the meeting was recessed at 11:55 A. M., subject to coll of the Mayor. Attests Wallin Me Fella City Clerk : REGULAR MEETING OF THE CITY COUNCIL: Jom Milla. Mayor. Austin, Texnn, July 18, 1940. The 01ty Council convened in regular session, at the regular meeting place in the Council Room at the Municipal Building, on Thursday, July 18, 1940, at 10:35 A. M., with Mayor Pro Tem Wolf premiding. Roll call showed the following members presents Councilmen Alford, Bartholomew, Gillin, and Mayor Pro Tom Wolf; absent, Mayor Miller. The Minutes of the regular meeting of July 11, 1940, ware rend and upon motion of Councilman Bartholomew were adopted as read by the following voter Ayes, Councilmen Alford, Bartholomew, Gillis, and Mayor Pro Tem. Wolf; anys, none; Mayor Miller absent. The following ordinance was introduced by Councilmon G111101 AN ORDINANCE PERPETUALLY CLOSING AND VACAT ING CERTAIN PORTIONS OF A ROAD KNOWN AS NOLAN STREET, WHICH PORTIONS ARE IN THE CITY OF AUSTIN, TEXAS, LYING BETWEEN MANOR ROAD AND CAMERON ROAD. The ordinance was reed the first time and Councilmen Gillis moved that the rules be suspended and the ordinance be passed to its second reading. The motion war seconded by Councilmen Bartholomew, and the same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, and Mayor Pro Tem. Wolf; noys, none; Mayor Miller absent.