CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 05, 1951. 10:00 Α.Μ. Council Chamber, City Hall 306 306 The meeting was called to order with Mayor Glass presiding. Roll Call: Present: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Absent: None Present also: Walter E. Seaholm, City Manager: Trueman E. O'Quinn, City Attorney; C. G. Levander, Director of Public Works; R. D. Thorp, Chief of Police. Councilman Johnson moved that since copies of the minutes of the last meeting of the City Council have been furnished Council members by the City Clerk, the reading of the minutes be dispensed with and that the minutes be adopted as read in the Clerk's report. Upon being duly seconded by Councilman MacCorkle, the motion was unanimously adopted by the Council and the minutes so approved. Dr. EVERETT GIVENS made several inquiries: (1) about the location of a fire station in East Austin; (2) about a golf course in east Austin, and suggested a site on East 12th Street across from the cemetery and another on 19th and Webberville; (3) about playgrounds and equipment on the two schools in west and south Austin; (4) about street lights at 12th and Rosewood and at 18th and Ulit. In answer to his requests, it was stated that the fire station location was set at 12th and Airport Boulevard. Regarding the golf course, Mayor Glass asked that work be started on this project as soon as possible; but Councilman Long felt that with other needs in east Austin, a golf course would be too expensive now, and that there were two golf courses already in existence now. She stated with reference to the playground equipment, she would talk with the President of the School Board and with the Director of Recreation and would make a recommendation to the City Manager if something could be worked out with the School Board. The City Manager thought lights were already installed at the two requested locations or if not at those locations, in the vicinity. He thought every church had been furnished street lights, and that these churches, WALNUT STREET BAPTIST CHURCH, 18th and Ulit, and ZION HILL BAPTIST CHURCH were included in the list. 307 307 CITY OF AUSTIN, TEXAS REV. DAVIS (Colored) appeared before the Council to ask that something be done about cleaning the alleys in east Austin between Chicon and Poquito in the 1900 block. This request was referred to the Director of Public Works. MR. TRAVIS HOWARD and MR. J. C. LANKFORD (Govalle Civic League) made inquiry about the park in Govalle and asked that sanitary facilities be installed. They wondered what had become of the $10,000 appropriated for this Park. The City Manager told them the park had been lighted, that some equipment had been placed there, and that the sanitary facilities would be installed this summer. Any buildings planned would be delayed, however, due to emergency controls. The gentlemen asked that a concrete slab be built on the park at the time the sanitary facilities were built. The City Manager stated that it could be planned to put in the slab and the building be designed to take in the concrete slab or to be expanded later on. As there were no sewer lines to the park, the sanitary facilities will have to be connected with septic tanks, and the $10,000 appropriated will be pretty well consumed. In connection with Govalle, MR. LANKFORD asked for lights at the three churches in Govalle: the Grace Lutheran, Govalle Methodist, and Govalle Baptist. He asked that the railroad crossings in that section be improved. The City Manager said that the lighting is in a big general program of scattering lights in all sections of the City, as far as the money will permit. Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the final plat of the subdivision known as "Braswell Subdivision No. 3", approved by the City Plan Commission of the City of Austin on October 13, 1950, be and the same is hereby accepted and authorized to be filed of record in the office of the County Clerk of Travis County, Texas, in accordance with the provisions of the laws of the State of Texas, and the ordinances of the City of Austin, and that this action of the City Council be indicated by appropriate notation, signed by the Mayor, on the original plat of said subdivision prior to its recording in the Plat Records of Travis County, Texas. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None : In connection with subdivisions, Councilman Long asked that a check be made to see if paving could be done in these subdivisions before they were approved, as the citizens were already paying a high price; and that this study be rushed up. The City Manager reported that information was being secured from other cities on subdivisions and paving. 308 CITY OF AUSTIN, TEXAS 308 Councilman MacCorkle offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. E. Seaholm, City Manager, be and he is hereby authorized and directed to execute in behalf of the City of Austin a release of all public utility easements in, upon and across two certain tracts of land in Highland Park West, a subdivision of portions of the Daniel J. Strother Survey, and the Albert Sillsbee Survey in the City of Austin, Travis County, Texas, said map or plat being of record in Volume 4 at Page 299 of the Plat Records of Travis County, Texas, which tracts are described as follows, to wit: Tract No. 1 The west five (5) feet of Lot 1, Block "R"; Tract No. 2 The west five (5) feet of Lot 18, Block "P". The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Mayor Glass introduced the following ordinance: AN ORDINANCE PERPETUALLY CLOSING AND VACATING ALLEYS TRAVERSING BLOCK 44 OF TRAVIS HEIGHTS ADDITION, AS SHOWN ON A PLAT OF SAID SUBDIVISION OF RECORD IN PLAT BOOK 3, PAGE 15, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS. The ordinance was read the first time, and Councilman Johnson moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Long carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the second time and Councilman Johnson moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The motion, seconded by Councilman Long, CITY OF AUSTIN, TEXAS 309 309 carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The Mayor announced that the ordinance had been finally passed. Councilman MacCorkle offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves as a filling station site the property located at the southeast corner of the intersection of East 7th Street and Onion Street, which property fronts 91.12 feet on East 7th Street and 140 feet on Onion Street and being known as Lots 1 and 2, Block 2, out of Outlot 4, Division A of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, and hereby authorizes the said Lucien Dean to construct, maintain and operate a drive-in gasoline filling station and to construct curbs, ramps and sidewalks in conjunction therewith, subject to the same being constructed in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations and plans; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this filling station after full compliance with all the provisions of this resolution, and said permission shall be held to be granted and accepted to all necessary, reasonable 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, it is found by the City Council that the said Lucien Dean has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Mr. Walter Seaholm City Manager Austin, Texas "Dear Sir: "April 5, 1951 "We, the undersigned, have considered the application of Lucien Dean for permission to construct, maintain and operate a drive-in gasoline filling station and to construct commercial driveways in conjunction therewith upon the property located at the southeast corner of the intersection of East 7th Street and Onion Street, which property fronts 91.12 feet on East 7th Street and 140 feet on Onion Street, and being known as Lots 1 and 2, Block 2, out of Outlot 4, Division A of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, and the property upon which this filling station is to be located is owned by Lucien Dean and we hereby advise that the following conditions exist: "The property upon which this filling station is to be located is 310 CITY OF AUSTIN, TEXAS = 310 designated as "C" Commercial Use District upon the Zoning Maps of the City of Austin. "There is a storm sewer inlet on the east side of Onion Street approximately 145 feet south of the above location. "We recommend that Lucien Dean be granted permission to construct, maintain, and operate said drive-in gasoline filling station and to construct curbs, ramps and sidewalks in conjunction therewith, subject to the following conditions: "(1) That all buildings and equipment shall be placed inside of the property line, correct lines to be obtained before construction starts or equipment is installed. Lines and grades to be obtained from the Department of Public Works for entrances and driveways, building lines to be approved by the City Building Inspector. That the applicant shall confer with the Department of Public Works as to future grades of the sidewalks and gutters on the adjacent streets before he starts any construction relative to the filling station. "(2) That only underground tanks shall be used and that all pumps shall be so located that it will be impracticable to service motor vehicles therefrom while said motor vehicles arestanding on any part of a sidewalk, street or alley. "(3) That the gasoline tanks, pumps and all equipment used in connection with the storage and handling of gasoline shall be an approved type and shall bear the label of Underwriters Laboratories, Inc.; that all construction of the filling station improvements shall be in accord with the Building Ordinance, the Zoning Ordinance, the Filling Station Ordinance, and in accord with the ordinance prohibiting the disposal of commercial water or oils upon the City streets. "(4) That the grades of the station shall be such that no waste water or oils or any floor washings shall ever pass over the City sidewalk area and that all of said oils and water shall be concentrated into a combined grease and sand trap which shall be constructed in accordance with our standard plan 2-H-146. "(5) That all filling station improvements, pump islands, driveways, ramps, gutters, sidewalks and curbs shall be constructed of concrete at the expense of the applicant as set forth upon the plan hereto attached, which plan bears the Department of Public Works file number 2-001429. "(6) Expansion joints shall be constructed as shown upon the plan hereto attached marked 2-C-1429 and shall be of the pre-moulded type. "(7) When the owner considers that he has complied with all the requirements of the City of Austin for filling stations, he shall apply for a final inspection and upon approval, the Building Inspector shall issue a Certificate of Operation before such filling station san be put into service. "Respectfully submitted, C. G. Levander Director of Public Works (Sgd) J. C. Eckert Building Inspector H CITY OF AUSTIN, TEXAS 311 311 The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on March 30, 1951, bids were received by the City of Austin for the construction of a reinforced concrete tennis court in Metz Playground; such bids being as follows: Maufrais Bros. John Andrews C. E. Miller Earl Rogers $ 2,921.81 2,924.47 3,092.87 3.307.32 3,507.68 3,666.18 and Joe Fuhrman Ross Anglin WHEREAS, the bid of Maufrais Bros. in the sum of $2,921.81 was the lowest and best bid, and the acceptance of such bid has been recommended by the Director of Public Works of the City of Austin and by the City Manager; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of Maufrais Bros. be and the same is hereby accepted, and W. E. Seaholm, City Manager, is authorized and directed to execute a contract with Maufrais Bros. for the construction of a reinforced concrete tennis court on the basis of his bid of $2,921.81. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The City's estimated cost was $3,049.45. Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, by resolution passed and approved March 29, 1951, the Board of Directors of the Travis County Water Control and Improvement District No. 2 convened in special session, at which a quorum was present, authorized the Central Investment Company of Texas to assemble and present for payment outstanding Waterworks Revenue Refunding Bonds of the District, and deferred interest certificates, for cancellation and payment at the American National Bank in Austin, Texas, on the 10th day of April, 1951, and further authorized the sale to the City of Austin of all the physical assets of said District for the sum of Two Hundred Thousand Dollars ($200,000.00); and, WHEREAS, after a study and examination of the inventory of the physical CITY OF AUSTIN, TEXAS 312 312 assets of the Travis County Water Control and Improvement District No. 2, it is deemed advisable and beneficial to the City of Austin and its inhabitants to acquire such physical properties as an addition to and an extension of the water system of the City of Austin; and it has been further found that such properties have a reasonable value of $200,000.00 or more; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. E. Seaholm, City Manager, be and he is hereby authorized and directed to purchase all the physical assets of the Travis County Water Control and Improvement District No. 2, free of all liens, bonded debt, or other encumbrances for the sum of Two Hundred Thousand Dollars ($200,000.00) upon approval by the City Attorney of bill of sale or other written instruments transferring to the City of Austin all such physical properties and meter deposits, free of all debts, liens, outstanding bonds and other encumbrances, The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Councilman Long offered the following resolution and moved its adoption: (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 property situated on the north side of East 1st Street as a private gasoline plant, which property is owned by Armstrong Tractor & Machinery Company, and is designated as part of Lot 10, Block 1, Outlot 15, Division O, Deats Addition, in the City of Austin, Travis County, Texas, and hereby authorizes the said Armstrong Tractor & Machinery Company, through their agent, R. D. Stephens, to operate a private gasoline plant consisting of a 550 gallon 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 same 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 theprovisions of this resolution, and said permission shall be held to be granted, and accepted subject to all necessary, reasonable 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, it is found by the City Council that the said Armstrong Tractor and Machinery Company has failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Mr. Walter E. Seaholm City Manager Austin, Texas "Austin, Texas April 5, 1951 313 CITY OF AUSTIN, TEXAS 313 "Dear Sir: "I, the undersigned, have considered the application of Armstrong Tractor & Machinery Company, through their agent, R. D. Stephens, for permission to operate a private gasoline plant consisting of a 550 gallon underground tank and pump for the sole purpose of servicing their own motor equipment and from which no gasoline is to be sold, upon property located on the north side of East 1st Street, which property is designated as part of Lot 10, Block 1, Outlot 15, Division O, Deats Addition, in the City of Austin, Travis County, Texas, and loeally known as 3232 East 1st Street. "This property is located in a "D" Industrial District and I recommend that this permit be granted subject to the following conditions: "(1). That the gasoline tanks and pumps shall be of an approved type and shall bear the label of the Underwriters Laboratories, Inc., and that all tanks and pumps shall be installed in compliance with the Ordinance governing the storage and handling of gasoline. "(2). That all tanks and pumps shall be located not nearer than 10 feet to the property line and so located that cars stopped for the purpose of unloading or receiving gasoline or other supplies shall not in any way obstruct the free passage of traffic on either the sidewalk, street or alley. "(3). That "NO SMOKING" signs shall at all times be prominently displayed and no person shall be permitted to smoke on the premises where gasoline is handled or stored. #(4). That all fees shall be paid and a permit secured from the Building Inspector's Office before any installation work is started, and that no equipment shall be placed in operation untilafter final inspection and approval of same. "Respectfully submitted, (Sgd) J. C. Eckert Building Inspector " The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None MR. JAMES BECKER, representing Oren Roanoke Mfg. Company, made inquiry about bids on fire apparatus being thrown out. It was explained that betterbids might be obtained if resubmitted. The City Manager stated he did not want any delay on obtaining the bids; and specifications would be sent out to all the companies; those meeting the specifications would be considered, while those not, would be excluded. The Council set Wednesday night, April 11th, 7:30 P.M., as a meeting date to study the general traffic plan recommended by the Traffic Engineer. 314 314 CITY OF AUSTIN, TEXAS Councilman LONG made inquiries of the Chief of Police regarding certain gambling places and pool halls, etc., in the City. She asked why the Annual Report showed more major crimes and less arrests. Chief Thorp stated an increase in major crimes was prevalent all over the country; and as to arrests, if there was an arrest to be made, there was no reason why it would not be made. As to pool halls, etc., he stated these places were in violation of state laws, and his Department had made arrests, gotten injunctions and carried the cases to the grand jury. He reported that the vice squad had been enlarged, and that he hoped to build it up more. He brought out a remark that an undercover man had made about Austin, in that it was a dead town so far as gambling was concerned. Councilman Long wanted to rid Austin of crime. Mayor Glass stated it was not the fault of the Chief, but the fault of the Council in not providing enough men to do the job. and he congratulated the Chief and the force on the job they had done well; that Austin was recognized over the State as being a good clean city. The Mayor stated if there was a need for more men, the people of Austin should furnish them. He brought up MR. W. P. ALLEN'S detrimental remarks about Austin, stating he had smeared innocent citizens and the law enforcement officers in Austin. COUNCILMAN MacCORKLE felt that the Department was understaffed in comparison with other cities. He stated the responsibility of a clean town should not be put completely on the law enforcement officers which we were not backing up to our fullest extent. He brought up the question that the jail was still overcrowded and in bad condition. Councilman Long felt that we had used the County jail in the past time, and that possibly we could continue to use it, and not hastening the building of the Police and Courts Building. MAYOR GLASS appointed COUNCILMEN LONG AND JOHNSON to canvas the returns of the General Election held on April 2, 1951. The Committee appointed to canvass the returns reported to the Council, and its findings were accepted by the Council. Councilman Long then offered the following resolution, incorporating the findings of the Committee appointed to canvass the returns, and moved its adoption: (RESOLUTION) WHEREAS, by virtue of an election held in the City of Austin, Texas, on the 2nd day of April, 1951, for the purpose of electing five Councilmen, the official returns from the election officials certify and show, and thereafter a can- vas of said returns by the Committee appointed by the City Council to canvass said returns also shows, that there were cast at said election a total of 14,557 votes; and WHEREAS, said returns, and the canvass thereof, also show that the following named persons severally received the total votes set opposite their names, respectively, to-wit: John C. Aycock received 5956 G. (George) Pressly Biel received 1698 George G. Calhoun, Sr. received 1909 Arthur DeWitty received 3636 W. S. Drake, Jr. received 8695 Joe L. Grimes received 5585 Will T. Johnson received 6214 Mrs. Stuart (Emma) Long received 9646 CITY OF AUSTIN, TEXAS 315 315 Stuart A. MacCorkle Patricio J. Mendez received 8811 received 2844 Paul Murchison received 620 Maud Fitzallen Pridgen Sam Z. Skinner received 446 received 548 Ben White received 7743 Total vote cast at election 14,557 : and WHEREAS, it appears that W. S. Drake, Jr., Will T. Johnson, Mrs. Stuart (Emma) Long, Stuart A. MacCorkle and Ben White have received the highest number of votes cast for Councilmen at said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That, in accordance with said returns, as received and canvassed, the following named persons are hereby declared duly elected and authorized to qualify for the positions of Councilmen for the City of Austin, for the term of two years beginning May 1, 1951; W. S. Drake, Jr., Will T. Johnson, Mrs. Stuart (Emma) Long, Stuart A. MacCorkle and Ben White. The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The City Manager asked for authorization to employ JULIAN MONTGOMERY to do the detailed engineering on the Colorado River Bridge and on the Shoal Creek Bridge on First Street. He stated he would do the job on a cost-plus basis not to exceed $12,500 for professional services. Councilman Johnson moved that the City Manager engage the engineering services of JULIAN MONTGOMERY for the Shoal Creek Bridge on First, and for the Colorado River Bridge connecting Guadalupe and Lavaca Streets with South ist, on a cost-plus basis not to exceed $12,500. The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None CHIEF R. D. THORP came before the Council relating the details of the Policemen's Balls that had been given each year, and explained that the proceeds went into the Association's Fund which would defray expenses of the Pistol Range and other things. He stated it was their ambition to build a club house at the Pistol Range and keep a care-taker there. In order for the State to hold its shoots in Austin, it would be necessary to enlarge the pistol range, and money from these dances would be used for that purpose. He said the services of MR. LEWIS M. LEWIS, Sales Engineer Travel Educational and Industrial Films, and Director of Hollywood Movie Balls, had been engaged. Chief Thorp stated this promotor had assured the Association of many thousand dollars on the dance; but that Chief Thorp wanted approval by the Council and Oity Manager, as there had been one complaint registered that possibly if merchants did not buy tickets to the ball, their trucks might be tagged, etc. MR. LEWIS outlined his procedure of promoting these big balls and promised a large sum of money for the Policemen's 316 316 CITY OF AUSTIN, TEXAS Association to be used to enlarge the pistol range and possibly build a club house. The Council informally gave its approval, but Mr. Lewis was asked to be very careful in soliciting tickets sales not to coerce people into buying, or in leaving an impression if they did not buy tickets, their cars would get tagged. It was. brought out that the Police Association was a corporation and the Chief of Police was authorized to contract for the Corporation. By using a promotor for the Ball, the policemen would not have to sell tickets themselves. MR. BEN WHITE, newly elected Councilman, visited the Council. He made inquiry as to the approximate time to expect the bridge from Lavaca to South First. The City Manager stated the details of the planning and engineering would take about 60 or 90 days; and that it would then depend on when the bonds were sold. He stated the building controls would not affect this. There being no further business, the Council adjourned at 1:20 P.M.,subject to the call of the Mayor. ATTEST: City Clerk APPROVED: Mayor