CITY OF AUSTIN, TEXAS ==- 820 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting September 30,1948 10:30 Α.Μ. Council Chamber, City Hall The meeting was called to order, with Mayor Miller presiding. Roll call Present: Councilmen Bartholomew, Johnson, Mayor Miller Absent : Councilman Glass p 1 3 Present also: Quiton Morgan, City Manager; J. E. Motheral, Director of Public Works; Trueman E. O'Quinn, City Attorney; and R. D. Thorp. Chief of Police. The reading of the Minutes was dispensed with. The public hearing on the proposed ordinance regulating jewelry auction sales was opened. No citizen appearing to protest the matter, the hearing was continued to the next regular meeting, and the Mayor directed that a copy of the proposed ordinance be furnished the jewelers of the City. Mr. Chas. L. Sandahl reported to the Council that the one hundred waiting benches at bus stops that he and Associates proposed to install would be ready for delivery soon, He was advised that a public hearing on the renewed proposal of Tanner-Evans Corporation to install such benches had been set for the regular meeting of October 14, and that the City Council would go ahead with the hearing on that day. At the request of the Attorney for the Applicant, the public hearing on the application of Robt. Toomey for a change in zoning, from #C# Commercial District to #C-14 Commercial District, of property located on the north side of Barton Springs Road across the street from Kinney Avenue, was postponed to the next regular meeting, and it was directed that the property owners affected be given notice of the date. Mr. Roswell Miller protested to the Council that his property on Northumberland Road was unequally assessed with like property in Pemberton Heights by reason of lack of utilities. He was asked to submit his statements made to the Council in writing and the matter would be referred to the Board of Equalization and Tax Department for consideration on the basis of lack of utilities, and report back to the Council. CITY OF AUSTIN, TEXAS The City Manager submitted the following memorandum: Memorandum to "September 29, 1948 Guiton Morgan, City Manager Memorandum from : J. E. Motheral, Director of Public Works Bids were received on Tuesday, September 28, for the sale of six houses and one shed on East Avenue. A complete list of the bids is attached. It is recommended that the houses be sold to the following bidders: Item #1, 2322 East Avenue Dr. Z. T. Scott-$1,000.00 Item #2, 1006 East 24th Street-Joe Perrone ---- 2,675.00 Item #3, 2402 East Avemme Buford Stevart 1,783.00 Item #4, 3706 East Avsmie C. P. Sanders 3,006.07 Item #5, 4500 East Avenue Dr. Z. T. Scott-1,000.00 Item #6, 1029 Fast 51st Street. The two bids received were identical Vance Fox and O. R. Lott, Sr., $5.50 each. I suggest that this bid be awarded by agreement between the two bidders. Item #7, 915 Clayton Lane-G.F.B.Construction Co.- 1,250.00 It will be noted that Dr. Z. T. Scott enclosed a personal check with his two bids rather than a certified or cashier's check as required in the notice to bidders. (Sgd) J. E. Motheral • Councilman Johnson moved that the City Manager be authorized to accept the high bids as contained in the foregoing memorandum of the Director of Public Works, being Items #1, #2, #3, #4, #5, and #7, and to dispose of Itan #6, being a tie bid, in such manner as he doems best. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent, Councilman Glass The application of Harvey E. Willeford, by Raymond Furr, Attorney, for change in zoning, from "A" Residence District to "C" Commercial District, of property located at 3500 East Avenue, being the rear portion of the lot, was received; and the matter was referred to the Board of Adjustment for consideration and recommendation. The following repert of the Board of Adjustment was received: CITY OF AUSTIN, TEXAS- ZONING BOARD OF ADJUSTMENT AUSTIN, TEXAS ZONING CHANGE RECOMMENDATION. 822 Ι. II. ΙΙΙ. IV. V. VI. Applicant: T. A. Ivans Referred to the Board by the City Council on : September 16, 1948 Property affected: Lots 10, 11, 12, 13, 14, 15, and 16, of Block 18, South Heights and Lots 13, 14, 15, and 16, Block 15, South Heights, known as 1100, 1102, 1104, 1105, 1106, 1107 South 8th Street To be changed From: "A Residence District To : C Comercial District Considered by the Board on : September 28, 1948 Parties appearing: For T. A. Ivans, Fred Isaac, and Mrs. E. T. Atkins Against: None Action of the Board: Recommended For the following reasons: 1. This application is for the change of ten lote located at the south end of South 8th Street abutting on Gibson Street and extending to right-of-way of the Missouri Pacific Railroad from its present "A" Residence District to #C# Commercial District. 2. The applicant affirms that he proposes to sell a portion of this property to the Modern Supply Company now located at 316 Lamar Boulevard for the construction of a building to enable this company to move from its present location to this site since the former location is not suitable for present operations. 3. The Modern Supply Company affirms that the operations are of a commercial character and will in no way create noise or disturb the peace and quiet of the neighborhood. Examination of the Zoning Maps show that the property along Fredericksburg Road directly across the alley from this property is now zoned C Commercial, that Gibson is a dead-end street at the railroad right-of-way, and that this change would be an extension of the present commercial district along Gibson to the railroad. - CTY OF AUSTIN, TEXAS = 823 4. Several property owners appeared at the hearing before the Board and voiced no objection to this change. One of the property owners owning a large tract of land south of Gibson Street adjoining the railroad expressed the desire for a similar change. The property owners declared that this property was not suitable for residential purposes due to its location and the railroad. 5. The Beard, considering the location, nature, and character of this property, deemed that it would be more suitable for commercial use for a short distance terminating at the right-of- way of the railroad. This change would not adversely affect this neighborhood. (Sgå) H. F. Kushne Chairman. គ Councilman Johnson moved that a public hearing on the foregoing application for change in zoning of T. A. Evans be called for Thursday, October 21, 1948, at 11:00 A. M. The motion carried by the following votes I. II. III. Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent: Councilman Glass The following report of the Beard of Adjustment was received: #ZONING BOARD OF ADJUSTMENT AUSTIN, TEXAS ZONING CHANGE RECOMMENDATION Applicant: Abraham Nassour, by Martin Nassour Recerred to the Board by the City Council on: September 16, 1948 Froperty affected: Lots 30, 31, 32, Hyde Park Addition #1, located at the southwest corner of 43rd Street and Avenue H, known as 4212 Avenue H. To be changed From : A Residence District #C Commercial District Considered by the Board on : September 28, 1948 To IV. V. Parties appearing: For: Martin Nassour Against:I. B. McNeese, Mr. and Mrs. L. M. Clifford, Johanna Hughes, Ella Jessen, B. H. McGuire, Judge Critz, O.R. Lundgren, George Roy Haberlin, H.W. Schlieker, J.V. and Luella D. Thomas, B. B. Arledge, Peter Stapper, Gunnar Phillip Ekdahl, Lillian Carrington. A written petition signed by other residents was presented by Judge Critz. 824 CITY OF AUSTIN, TEXAS VI. Action of the Board: Not recommended For the following reasons: 1. The above application is for the change of three lots measuring 125 on East 43rd Street and 758 on Avenue H of Hyde Park Addition No. 1. 2. The applicant proposes to construct a Community Center fronting on East 43rd Street consisting of a grocery store, beauty shop, and dry cleaning shop. This property is located in an "A" Residence District which comprises a large ares of Hyde Park with exception of the present Community Center at the intersection of East 43rd Street and Duval, two corners of which have recently been changed to "C" Commercial by the City Council, and a nonconforming use farther west on East 43rd Street. 3. At the hearing held by the Board of Adjustment, fifteen residents adjacent to and surrounding this property appeared before the Board in protest of the change and also produced a written petition containing 33 names in opposition to the change of these lote to "CB Commercia use. The protestants contended that this was a residential area which had been so developed and that the property owners purchased their property on reliance that the Zoning Ordinance would protect them in their homesteads and the residential character of the neighborhood. There was no need for another Community Center since the one just one-half a block from this property on Duval Street met the needs of this community and that there was no further room for development since the east side of Duval has not be so developed. 4. After a review of the present use maps and present zoning of this area, the Board deemed that to grant this application would establish a spot zone for the benefit of one individual which is not in response to any public convenience and necessity since this community is already served by existing Community Center and commercial area on Guadalupe and because the residents are entitled to preservation of this residential character of this neighborhood and continued enjoyment of the homestead rights and residential character of their properties; therefore, there is no justification for the granting of this application. (Sgd) E. F. Kuehne Chairman. Councilman Johnson moved that a public hearing on the foregoing application of Abraham Nassour, by Martin Nassour, for change in zoning be called for Thursday, October 21, 1948, at 11:00 A. M. The motion carried by the following votes Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent: Councilman Glass The following report of the Board of Adjustment was received: 825 * CITY OF AUSTIN, TEXAS - "ZONING BOARD OF ADJUSTMENT AUSTIN, TEXAS ZONING CHANGE RECOMMENDATION • I. II. ΙΙΙ. Applicant: Carl M. Smith Referred to the Beard by the City Council on : September 16, 1948 Property affected: Lets 10 and il, Block B, of Raymond Subdivision, located at 703 and 705 Lamar Boulevard To be changed From : "B" Residence District #C# Commercial District Considered by the Board on : September 28, 1948 To IV. V. Parties appearing: For : VI. Carl M. Smith Against: None Action of the Beard : Recommended. For the following reasons: 1. This application is for the change of two lots in the center of a half block on the east side of Lamar Boulevard between West 9th Street and West 6th Street. 2. The Zoning Maps disclose that all of the property on the west side of Lamar Boulevard and south of this half block is zoned for commercial uses, as well as all of the property on both sides north of West 9th Street. 3. The applicant proposes to develop this property for office purposes 4. The Board deemed that considering the present zoning in this area that it would be logical to zone this entire strip of "B" Residence District as "CR Commercial District connecting the present two districts and therefore recom mends that these changes be made and in addition that the City Council should consider changing all of the property between Henderson Street and Lamar Boulevard from West 9th Street to the existing commercial zone on West 6th Street. (Sgd) H. F. Kushne Chairman * CITY OF AUSTIN, TEXAS 826 Councilman Johnson moved that a public hearing on the foregoing application of Carl M. Smith for change in zoning be called for Thursday, October 21, 1948, at 11:00 A. M. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent: Councilman Glass Councilman Bartholomew introduced the following ordinances AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, AND RECORDED IN ORDINANCE BOOK L, PAGES 152-174, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, WHICH ORDI- NANCE WAS AMENDATORY OF THAT CERTAIN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN PASSED BY THE CITY COUNCIL APRIL 23, 1931, AND RECORDED IN ORDINANCE BOOK "I", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM A RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO ACH COMMERCIAL DISTRICT AND FIRST HEIGHT AND AREA DISTRICT ON LOT 11, BLOCK 2, PECAN GROVE ADDITION AND LOTS 1 AND 2, BLOCK 31, CHRISTIAN AND FELLMAN ADDITION, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND DECLARING AN EMIRGINOY. The ordinance was read the first time and laid over. The following applications for private boat licenses, duly approved by the Navigation Board, were submitted: Owner Description Couch, Charles Pete - 1505 Windsor Road Century, Outboard, Evinrude, 5-passenger Tetley, J. B.-1805 Colorado Street Self-built, Sailboat, 1948 Model, "Tag 4-6 passenger Councilman Johnson moved that the licenses be granted. The metion carried by the following vote: Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent: Councilman Glass The following report of the Board of Adjustment was received: #ZONING BOARD OF ADJUSTMENT AUSTIN, TEXAS ZONING CHANGE RECOMMENDATION I. II. III. CITY OF AUSTIN, TEXAS 827 Applicant: J. W. Muggley and Mr. and Mrs. George Newgent Referred to the Board by the City Council on: September 16,1948 Property affected: Lots 19 and 20, in Wosten's Subdivision of Outlet 53, Division #D and known as 2509 and 2511 Pearl Street. To be changed. From: "A Residence District To : #B-18 Residence District IV. 7. VI. Considered by the Board on: September 28, 1948 Parties appearing: For : Mr. George Newgent and Mrs. Muggley, mother of J.W.Muggley, appearing for J. W. Muggley. Against: None Action of the Board : Recommended For the following reasons: 1. This application is for the change of two lots fronting on Pearl Street and siding on Graham Drive, being 108 x120 in size, each under a separate ownership, who jointly requested the change of zone classification from "A" Residence to "B-18 Residence District for the purpose of separately developing same for apartment purposes. 2. South across Graham Drive, there is a city playground and the res mainder of this property to 25th Street is "BR Residence District, which will be developed for fraternity purpose. No property owners appeared objecting to this change. 3. The Board deemed that this change will establish an intermediate residence zone between the present #B Residence District and FAR Residence District north thereof, and that the trend in this neighborhood is multiple housing uses and that this change would not adversely affect the surrounding property. (Sgd) H. F. Kushne Chairman. Councilman Johnson moved that a public hearing on the foregoing application of J. W. Muggley et al be called for Thursday, October 21, 1948, at 11:00 A. M. The motion carried by the following votes Ayes: Councilmen Bartholomew, Johnson, and Mayor Miller Noes: None Absent: Councilman Glass CITY OF AUSTIN, TEXAS 828 Councilman Bartholomew offered the following resolution and moved its adoptions (RESOLUTION) WHEREAS, Texas Public Service Company has presented to the City Council tentative maps or plans showing the proposed construction of its gas mains in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Council; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Texas Public Service Company be and the same is hereby permitted to lay and construct its gas mains in and upon the following streets: (1) A gas main in COMAL STREET from East 9th Street to East 9 Street, the centerline of which gas main shall be 8 feet west of and parallel to the east property line of said Comal Street. Said gas main described above shall have a cover of not less than 2 feet. (2) A gas main in EAST 9 STREET from Comal Street easterly 60 feet, the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said East 9 Street. Said gas main described above shall have a cover of notless than 2 feet. (3) A gas main in MILLS AVENUE from a point 69 feet south of West 37th Street southerly 39 feet, the centerline of which gas main shall be 13.5 feet west of and parallel to the east property line of said Mills Avenue. Said gas main described above shall have a cover of not Less than 2 feet. (4) A gas main in RIDGE OAK DRIVE from a point 150 feet south of Crestway Drive northerly 95 feet, the centerline of which gas main shall be 7½ feet east of and parallel to the west property line of said Ridge Oak Drive. Said gas main described above shall have a cover of notless than 2 feet. (5) A gas main in SOUTH 3RD STREET from West Gibson Street southerly 117 feet, the centerline of which gas main shall be 13 feet west of and parallel to the east property line of said South 3rd Street. Said gas main described above shall have a cover of notless than 2 feet. CITY OF AUSTIN, TEXAS (6) A gas main in CHERRYWOOD ROAD from a point 320 feet south of East 34th Street southerly 160 feet, the centerline of which gas main shall be 7½ feet west of and parallel to the east property line of said Cherrywood. Road. Said gas main described above shall have a cover of not less than 2 feet. (7) A gas main in CHESTERFIELD AVENUE from a point 110 feet north of North Loop Boulevard northerly 126 feet, the centerline of which gas main shall be 73 feet west of and parallel to the east property line of said Chesterfield Avenue. Said gas main described above shall have a cover of notless than 2 feet. (8) A gas main in SHOAL CREEK BOULEVARD from Hancock Drive to Shealedge Drive, the centerline of which gas main shall be ? feet west of and parallel to the east property line of said Shoal Creek Boulevard. Said gas main described above shall have a cover of notless than 23 feet. (9) A gas main in NEW HAVEN COURT from Shaol Creek Boulevard northerly approximately one block, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said New Haven Court Said gas main described above shall have a cover of notless than 25 feet. (10) A gas main in SHOALEDGE DRIVE from Shoal Creek Boulevard easterly approximately one block, the centerline of which gas main shall be 7½ feet north of and parallel to the south property line of said Shoaledge Drive. Said gas main described above shall have a cover of notless than 2 feet. (11) A gas nain in CASWELL AVENUE, from East 43rd Street northerly 64 fest, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said Caswell Avenue. Said gas main described above shall have a cover of notless than 23 feet. (12) A gas main in LANCASTER COURT from a point 357 feet north of Fast 51st Street northerly 23 feet, the centerline of which gas main shall be 7.5 feet west of and parallel to the east property line of said Lancaster Court. Said gas main described above shall have a cover of notless than 2 feet. 829 3: = CITY OF AUSTIN, TEXAS 830 (13) A gas main in HAST 54TH STREET from a point 311 fest west of Bennett Avenue westerly 53 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said Fast 54th Street. Said gas main described above shall have a cover of notless than 22 feet. (14) A gas main in EAST 39TH STREET from a point 47 feet west of Harmen Avenue easterly 148 feet, the centerline of which gas main shall be 17 feet south of and parallel to the north property line of said East 39th Street. Said gas main described above shall have a cover of notless than 2 feet. (15) A gas main in SOUTH 2ND STREET across Copeland Street intersection, the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said South 2nd Street. Said gas main described above shall have a cover of notless than 2 feet. (16) A gas main in SPRINGDALE ROAD from Govalle Avenue to Thompson Street, the centerline of which gas main shall be 8.5 feet sast of and parallel to the west property line of said Springdale Road. Said gas main described above shall have a cover of notless than 2 feet. (17) A gas main in THOMPSON STREET from Springdale Road westerly 61 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said Thompson Street. Said gas main described above shall have a cover of notless than 2 feet. (18) A gas main in MILBURN LANE, from Springdale Road easterly 651 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said Milburn Lane. Said gas main described above shall have a cover of notless than 2 feet. The Texas Public Service Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths 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 CITY OF AUSTIN, TEXAS 831 of their assignments, they shall apply to the Department of Public Works not less than three (3) days before such information is required. The Texas Public Service Company is further put upon notice that they will be required. to bear the expense 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 said 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 said Company by the City of Austin. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Nocs: None Abeent: Councilman Glass Councilman Bartholomew introduced the following ordinance: AN ORDINANCE AUTHORIZING THE MISSOURI PACIFIC LINES TO EXTEND, CONSTRUCT, MAINTAIN, OPERATE, AND USE CERTAIN RAILWAY TRACK IN, UPON, AND ALONG THE SOUTH SIDE OF WEST 4TH STREET, BETWEEN NUECES AND SAN ANTONIO STREETS IN THE CITY OF AUSTIN, TEXAS, SUBJECT TO CERTAIN CONDITIONS; AND SUSPENDING THE RULE REQUIRING ORDINANCES TO BE READ UPON THREE SEPARATE DAYS. The ordinance was read the first time and laid over. adoptionquncilman Johnson offered the following resolution and moved its (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: TRAT the City Council of the City of Austin hereby approves the property situated on the north side of East 4th Street between Brushy Street and San Marcos Street as a private gasoline plant, which property is owned by the Austin Metal and Iron Company, and is designated as Lots 12 through 22, Outlot 1, Division "0", of the City of Austin, Travis County, Texas, and hereby authorizes the said Austin Metal and Iron Company to operate a private gasoline plant consisting of an underground tank and pump for the sole purpose of servicing their own motor equipment, and from which no gasoline is to be sold, subject to the san's being operated in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this private gasoline plant after full compliance with all the provisions of this resolution, and said permission shall be held to be granted and accepted subject to all necessary rea- sonable and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcement of the proper police, traffic and fire regulations; and the right of revocation is retained if, after hearing, CITY OF AUSTIN, TEXAS 834 Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent: Councilman Glass The application of JAMES BYRON MOORE, JR., 1807 Colorade Street, for a taxicab driver's permit, duly approved by the City Manager, was submitted. Councilman Johnson moved that the permit be granted. The motion carried by the following votes Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent: Councilman Glass The application of LEON LEE SANCHEZ, 1704 Cedar Avenue, for a taxicab driver's permit, duly approved by the City Manager, was submitted. Councilman Johnson moved that the permit be granted. The motion carried by the following vote: Ayes : Noes : None Absent: Councilman Glass Councilmen Bartholomew, Johnson, Mayor Miller The appeal of EUGENE ALEXANDER BREEDING, Colored, 1513 Washington Avenue, on his application for a taxicab driver's permit, recommended for denial, was heard. After considering the facts in the case, it was moved by Councilman Johnson that appellant be granted a 90-days probationary taxicab driver's permit, and that he report to the Chief of Police in the meantime. The motion carried by the following votes Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes : None Absent: Councilman Glass It was moved by Councilman Bartholomew that, upon the recommendation of the Chief of Police, the taxicab driver's permit issued to Alva M.Rader, being Permit No. 481, be revoked. The motion carried by the following votes Ayes : Councilmen Bartholomew, Johnson, Mayor Miller Noes : None Absent: Councilman Glass It was moved by Councilman Bartholomew that, in accordance with the recommendation of the Austin Public Library Commission, the following persons be appointed as members of said Library Commission to fill existing vacancies on said Commission, to-wit: Mrs. Ben Powell, Jr.; Mrs. L. C. Proctor Donald J. James. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Johnson, Mayor Miller Noes: None Absent: Councilman Glass There being no further business, upon motion, seconded and carried, the meeting was recessed at 11:55 A. M., subject to call of ni City Clerk Som Milla. Approvedt of the Maver. Mayor