CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting November 15, 1945 10:40 Α. Μ. Council Chamber, City Hall 10 596 present: The meeting was called to order, and roll call showed the following Present: Councilmen Alford, Bartholomew, Gillis and Wolf Absent: Mayor Miller Present also: Guiton Morgan, City Manager; J. E. Motheral, City Engineer; W. T. Williams, City Attorney; and R. D. Thorp, Chief of Police. The minutes of the Regular Meeting of November 1, 1945, were read, and on motion of Councilman Alford were adopted as read by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Absent: Mayor Miller Councilman Wolf presented the following report of the Board of Adjustment on the application of Mrs. GOODALL H. WOOTEN for a change in zoning of all of Outlot 46, Division "D" which is now zoned "A" Residence to "B" Residence, and from First Height and Area District to Second Height and Area Dis- trict: "Austin, Texas November 14, 1945 Hon. Mayor and City Council Austin, Texas Gentlemen: The following is a copy of a resolution which was passed by the Board of Adjustment at a meeting on November 13, 1945: RESOLUTION 1. WHEREAS, The City Council of the City of Austin, pursuant to the terms of Section 31 of the Zoning Ordinance of the City of Austin, has referred to the Zoning Board of Adjustment for its consideration a petition of Mrs. ELLA WOOTEN requesting a change in the Use Designation of the following property: 517 597 CITY OF AUSTIN, TEXAS (a) All of Outlot No. 46 in the City of Austin, bounded on the north by West 25th Street, on the east by an alley between 24th and 25th Streets, on the south by West 24th Street, and on the west by San Gabriel Street, with the exception of the southwest corner of said outlot, which is now zoned as a "C" Commercial District, and that portion which is now zoned as a "B" Residence District, from an "A" Residence District to "B" Residence District, and from First Height and Area District to Second Height and Area District; and (b) To extend the present portion zoned as a "C" Commercial District ten. ft. (10') to the north to provide a frontage of one hundred ft. (100') on San Gabriel Street, and having a frontage of one hundred fifty ft. (150') on West 24th Street, as a "C" Commercial District and Second Height and Area District; and 2. WHEREAS, the Board held a hearing on this application on November 13, 1945, at which a representative of the applicant appeared together with a prospective purchaser of this tract who averred that he desired to develop this property into a high class apartment house district to serve the housing needs of the University of Texas and, further, that he would provide housing facilities for families with children on the first floor with two bedroom apartments and for families without children on the upper floors, and that after surveying a large area surrounding the University, there was little undeveloped property available for a larger type of apartment developments; and 3. WHEREAS, at the hearing no objections were filed to this change and approval was expressed by certain other property owners; and 4. WHEREAS, the land requested to be changed consists of a present undeveloped area butting on the east on an existing "B" Residence District fronting on Rio Grande Street, on the south on a "B" Residence District fronting on 24th Street, and separated from "A" Residence Districts on the north and west by 25th and San Gabriel Streets, and the Zoning Maps of the City of Austin show that all the property to the south of this extending to 19th street and east to Guadalupe street and as far as Leon street on West 24th street, are now zoned as "B" Residence and "C" Commercial Districts; and 5. WHEREAS, other residents in the block between San Gabriel Street and Rio Grande Street, of which this Outlot is a part, also desire this change in Use Designation for the purpose of building apartments, the Board deems this change is desirable and should be made in view of the lack of available land near the University for development for apartments and housing and that the extension of the "B" Residence Zone is pressing due to the extreme housing shortage existing in the City of Austin at this time, and that relief should be given wherever it is feasible and sound and not contrary to a comprehensive zoning plan; therefore, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT: THAT, the Use Classification of the property requested by the applicant, including the remainder of the block between San Gabriel Street, anda Rio Grande Street, between 24th and 25th streets, now zoned as "A" Residence District, be recommended to the City Council to be changed from an "A" Resi598 598 CITY OF AUSTIN, TEXAS dence District to a "B" Residence District, and from a First Height and Area District to a Second Height and Area District, and that the City Council be urged to include all of the property above mentioned when calling for a hearing on this Amendment to the Zoning Ordinance in order that all of the proper- ty owners have an opportunity to be heard and express themselves. /s/ Respectfully submitted, BOARD OF ADJUSTMENT, By H. F. Kuehne, Chairman" Councilman Alford moved that a public hearing on a change in zoning of the property recommended in the foregoing report of the Board of Adjustment be called for December 6, at 11:00 A. Μ. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The following report of the Board of Adjustment on the application of TOM YUGOEY, for a change in zoning, for "C" Commercial District to "C-1" Commercial District, of the property located at the southwest corner of 12th and Red River streets, was read: "Austin, Texas November 14, 1945 Hon. Mayor and City Council Austin, Texas. Gentlemen: The following is a copy of a resolution which was passed by the Board of Adjustment at a meeting on November 13, 1945: RESOLUTION WHEREAS, the City Council of the City of Austin, pursuant to the terms of Section 31 of the Zoning Ordinance of the City of Austin, has referred to the Zoning Board of Adjustment for its consideration a petition of TOM YUGOEY requesting a change in the Use Designation of the following property: The Lot located on the southwest corner of the intersection of 12th Street and Red River Street, from "C" Commercial District to "C-1" Commercial District; and WHEREAS, the Board held the hearing on this application at a meeting on November 13, 1945, at which the applicant appeared and averred that he was erecting a modern building in which to conduct a first class Chinese Cafe, and that he desired to sell beer and wine in connection with the meals to be served in his Cafe, the serving of the beer and wine to be incidental to the service of the meals, and only with meals, and not as a primary business; and 579 599 CITY OF AUSTIN, TEXAS WHEREAS, attached to the original application were twelve copies of the same bearing signed statements by various property owners on Red River Street adjacent to and in the immediate neighborhood of this property, each one offering no objections and approving the proposed sale of beer and wine in connection with this restaurant; and WHEREAS, this application was for the change of the zoning classification of one lot only which would constitute a spot zone, the Board carefully considered the character of all the remainder of the property on Red River Street between 1lth Street and 12th Street and finds that this is now almost entirely developed for Commercial Uses with the Waller Creek running through part of it and, therefore, that, if any change is made, it should include all of the property on both sides of Red River Street between 11th and 12th Streets so as to prevent creating a monopoly to one individual, and to extend the same privilege to the other property owners in this block who have approved the selling of beer and wine in this area; therefore, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT: THAT, it be and is hereby recommended to the City Council that all of the property on both sides of Red River Street between llth and 12th Streets be changed from "C" Commercial District to "C-1" Commercial District. Respectfully submitted, BOARD OF ADJUSTMENT, /s/ By H. F. Kuehne, Chairman," Councilman Bartholomew moved that a public hearing on a change in zoning of the property recommended by the Board of Adjustment in the foregoing report be called for December 6, at 11:00 A. M. The motion carried by the following vote: filed: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The following report of the Board of Adjustment was read and ordered "Austin, Texas November 14, 1945 Hon. Mayor and City Council Austin, Texas Gentlemen: At a meeting held by the Board of Adjustment on November 13, 1945 the application of JOHN PRADO for a change in the Use designation of Lot No. 5, Block No. 2, Division "B", located at 1115 East 8th Street, from "A" Residence District to "C" Commercial District, was considered by the Board pursuant to the referral of the matter to the Board by the City Council. At the above mentioned meeting the applicant notified the Board that he desired to withdraw the application in view of the fact that he had changed his plans and would not need the change for conducting any business at this location. The Board, therefore, did not give any further consideration CITY OF AUSTIN, TEXAS 600 600 to this application. In view of the desire to withdraw his application, the Board recommends to the City Council the acceptance of the withdrawal of the application and the dismissal of the case. Respectfully submitted, BOARD OF ADJUSTMENT /s/ By H. F. Kuehne, Chairman The City Manager presented the following tabulation of the bids received on November 13, 1945, for the construction of Zilker Springs Bath- house: General Contract Moore Construction Company, base bid $148,575.00 Alternate for brick, deduct 3,000.00 Alternate for Onion Creek limestone, add 2,000.00 Taylor Construction Company, hase bid $156,156.00 Alternate for brick, deduct 660.00 Alternate for Onion Creek limestone, add 812.00 Bids for Plumbing were as follows Fox-Schmidt Groos, Miller & Wiley Louis Bradshaw Bids for Electric were as follows: Jennings Electric Fox-Schmidt Cummings Electric $ 12,675.00 13.573.00 13,940.00 $ 8,649.00 8,778.00 9.552.00 $ 21,153.00 Combination Plumbing & Electric bid, Fox-Schmidt By taking the low combination bid of Fox-Schmidt for Plumbing and Electric the total bid would be as follows: Moore Construction Company, General Contract, basebid, $148,575.00 Plumbing and electric Total Moore Construction Company, alternate brick Plumbing and electric Total Moore Construction Company, alternate Onion Creek Limestone Plumbing and electric Total 21,153.00 $169,728.00 $145,575.00 21,153.00 $166,728.00 $150.575.00 21,153.00 $171,728.00 The following rider was placed on the bid of Moore Construction Company: 601 CITY OF AUSTIN, TEXAS "This bid is based on present O. P. O. ceiling prices, any changes in prices to be adjusted accordingly." After quite a good deal of discussion about the bids, by the Council and also by the members of the Zilker Springs Bathhouse Committee of the Chamber of Commerce, E. B. Moody, Chairman, and upon the recommendation of the City Manager, Councilman Gillis offered a motion that the matter of the final decision on whether the bathhouse would be built this year not be deferred until next week's Council Meeting so as to permit the City Manager and the City Engineer to study the plans and specifications to see if any changes could be made in same without reducing the size and efficiency of the bathhouse and report back to the City Council. The motion carried by the follow- ing vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The application of ANDREW JEWEL PATTON, Star Route A, Box 29, for a permit to drive a taxicab, duly approved by the City Manager, was submitted. Councilman Wolf moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The application of LOUIS LLOYD SETTLEMIRE, 311 East 14th street, for a permit to drive a taxicab, duly approved by the City Manager, was submitted. Councilman Alford moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The application of MATIAS M. VELASQUEZ, 704 East llth street, for a permit to drive a taxicab, duly approved by the City Manager, was submitted. Councilman Gillis moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The application of EUGENE WOODWARD SEAMAN, 105 East 19th street, for a permit to drive a taxicab was submitted. The City Manager recommended this permit with the provision that the applicant obtain a State Chauffeur's license. Councilman Bartholomew moved that the permit be granted upon the con- dition that the Chauffeur's license be obtained first. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The applications of JOHN JOSEPH SILVA, 75 Chicon street, ROBERT EUGENE WATLEY, 306 East 8th street, and RICHARD LEE WOKATY, Sam Houston Motel, for permits to drive taxicabs were submitted. The City Manager recommended that these permits be granted provided that the applicants obtain a State Chauffeur's license. Councilman Wolf moved that the permits be granted upon the condition that the Chauffeur's licenses be obtained first. The motion carried by the following vote: 607 602 Ayes: Noes: CITY OF AUSTIN, TEXAS Councilmen Alford, Bartholomew, Gillis and Wolf None Absent: Mayor Miller The application of MRS. LEONA L. RIGGS, 1105 East lst street, for a license to operate as a taxicab, a 2-door Chevrolet, 1940 model, motor No. 6KB07-10275, License FR 3919, duly approved by the City Manager, was submitted. Councilman Gillis moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The application of W. A. STEWART, 4203 Guadalupe street, for a license to operate as a taxicab, a 4-door sedan, 1940 Mercury, Motor 99A164267, License FS 5643. This is a transfer of a car owned and operated by Vernon Pen- dergrass under License No. 116. The application was duly approved by the City Manager, and Councilman Alford moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The application of MORRIS PETTUS WILLIS, Route 2, Box 68, for a license to operate as a taxicab, a 4-door Chevrolet, 1940 model, Motor No. 3106313, License FT 4286, duly approved by the City Manager, was submitted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller The Council received the resignation of DR. J. M. COLEMAN, Acting CITY HEALTH OFFICER of the City of Austin, and accepted same. Dr. Coleman will now devote his entire time to his duties as Director of Brackenridge Hospital. Councilman Wolf announced the return to civilian life of DR. BEN PRIMER and moved that, pursuant to a resolution heretofore passed by the City Council whereby all employees of the City called into military service would be returned to their respective positions when released from such service, the said DR. BEN PRIMER be appointed City Health Officer to succeed DR. J. M. COLEMAN. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller A letter from the BOARD OF ADJUSTMENT stating that the change of zoning request from JOHN PRADO of Lot No. 5, Block No. 2, Division "B" had been withdrawn by the applicant was received and ordered filed. A letter from E. W. JACKSON, President Austin School Board, requesting that the School Tax remain at 70d on the $100 valuation for 1945; and that the $175,000.00 authorized to be transferred from the Water and Light Fund each year, in January, in accordance with the Charter Amendment voted April 2 1945, be set aside in the 1946 budget, was read and ordered filed. The application of H. M. HOUSTON for a change in zoning of his property located at the northwest corner of 28th and Nueces Street, from "B" Residence to "C-1" Commercial was referred to the Zoning Board of Adjustment for consideration and their recommendations. CITY OF AUSTIN, TEXAS 605 603 adoption: Councilman Gillis offered the following resolution and moved its (RESOLUTION) WHEREAS, the City of Austin taxes for the years 1932, 1933, 1934, 1935, 1936, 1937, 1938, 1939, 1940, 1941, 1942, 1943 and 1944, were assessed in the name of Mrs. ANNIE SPILLER, on Lots 1 to 8, and 11 to 18, Convenient Courts, Plat 118, in the City of Austin, Travis County, Texas; said taxes for said years being in the amount of $357.61, and for non-payment of same at maturity, penalty in the sum of $17.88 has been assessed, and interest in the amount of $116.85 has accrued, making the total amount of taxes, penalty and interest due $492.34; and WHEREAS, the City Council of the City of Austin deems it just and equit able to remit said penalty in the sum of $17.88, and one-half of the interest in the sum of $58.42; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty in the sum of $17.88 and one-half of the interest in the sum of $58.42 are hereby remitted, and the Tax Assessor and Collector of the City of Austin is hereby authorized and directed to charge sáid penalty in the sum of $17.88 and said interest in the sum of $53.42 off his rolls, and to issue to the party entitled to receive same a receipt in full upon the payment of the taxes and one-half of the interest as aforesaid. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None adoption: Absent: Mayor Miller Councilman Alford offered the following resolution and moved its (RESOLUTION) WHEREAS, delinquent taxes, on personal property, have been paid to the Tax Collector of the City of Austin by the following named parties for the years and in the amounts set opposite the name of each of them, viz: Name Lillian Clouse W. W. Ince Mrs. S. C. Jenkins L. G. Johnsey Years Amount Collected Chester E. Nagel 1944 1944 1939,1942,1944 1939 thru 1944 1944 $ 8.26 4.31 13.77 27.08 4.30 Harlem Theatre C. W. Irvine 1936 22.14 1938 & 1939 22.67 W. H. Sullivan Mrs. O. B. Bradshaw 1944 2.39 1932 15.03 Doyle Hughes 1933,1934,1937,1938 12.23 Carl Hickman 1938,1939,1940,1942 13.98 M. E. Eggeling 1933 thru 1937.1941,1942 28.70 James R. D. Eddy 1942,1943,1944 28.45 Don W. Jackson 1937 thru 1944 43.65 604 604 CITY OF AUSTIN, TEXAS G. L. Duke A. G. Jenkins 1942,1943,1944 5.70. 1940 thru 1944 17.08 J. W. Muenster 1943 & 1944 24.30 H. W. Hobbs 1929 6.60 Ira Hildebrand, Jr. 1936 & 1937 12.25 Leonard Baker 1932 & 1941 22.60 Henry E. Jacobson 1942 & 1943 13.94 J. M. Durham 1943 8.44 A. D. Duncan 1940,1941,1942,1944 3.86 J. D. Houston 1938,1942,1943,1944 7.03 E. B. Snead 1944 2.39 W. B. Hendon 1931,1933,1934,1935,1937 20.36 Travis R. Anderson 1941,1942,1943,1944 37.17 Joe DeBerry 1938 thru 1944 16.58 H. S. Dyer 1938 thru 1942 21.67 V. M. Millsap 1944 3.83 Eddie Edwards J. W. Driskill W. H. Dickey A. P. Dooley Willie Palmer Jack F. Disch R. Donley 1937,1938,1940,1941 1930 thru 1936 1933 thru 1936 &1940 thru 44 1934,1935 &1940 thru 1944 1941 5.94 15.50 16.30 51.98 3.05 1941,1943,1944 19.51 1941,1942,1944 4.90 Gibson Products 1944 38.57 Joe Hernandez 1941 thru 1944 23.76 George D. Hetzel 1937,1938,1943,1944 10.34 John Hill 1931,1933,1934,1935,1944 4.83 Claude Traweek 1942, 1943 9.55 E. M. Everton 1932 4.89 Mecie Jennings 1942 thru 1944 4.50 Alfred Johnson 1942 thru 1944 .74 B. W. Janosky 1933 thru 1943 18.93 R. J. Jaehne 1937 thru 1940 28.08 Bowen Motor Coaches 1936,1938,1942,1943 79.77 WHEREAS, all of said payments constitute a final settlement of personal taxes due for the years indicated; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the Tax Assessor and Collector of the City of Austin, be, and he is hereby directed to record full payment on all delinquent personal property taxes against said parties and their property for the years for which said tax was assessed. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis and Wolf Noes: None Absent: Mayor Miller Upon motion, seconded and carried, the meeting was recessed at 11:15 A. M., subject to call of the Mayor. ATTEST: Deputy City Clerk APROVED: Jom milla.