226 220 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 02, 1959 10:00 Α.Μ. Council Chamber, City Hall The meeting was called to order with Mayor Miller presiding. Roll call: Present: Councilmen Long, Palmer, White, Mayor Miller Absent: Councilman Pearson Present also: W. T. Williams, Jr., City Manager; Doren R. Eskew, City Attorney; Reuben Rountree, Jr., Director of Public Works; Robert A. Miles, Assistant Chief of Police. Invocation was delivered by REV. TOM MARTIN, First Baptist Church, 120 West 10th Street. Councilman White moved that the Minutes of the meeting of March 26, 1959, be approved. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson MR. R. L. STRUHALL appeared before the Council regarding the release of a drainage easement across his property. The City Manager stated a new easement would be needed when this was vacated, and this was being worked out. Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a certain public utilities and drainage easement was dedicated across Block J of Barton Hills, Section 1, a subdivision of a portion of the Henry P. Hill League in the City of Austin, Travis County, Texas, by the map or plat of said addition of record in Book 7, Page 106 of the Plat Records of Travis County, Texas; and, WHEREAS, the property owner of the said Block J, Barton Hills, Section 1 is desirous of obtaining the release of a portion of the said public utilities CITY OF AUSTIN, TEXAS 227 227 and drainage easement in order that a building may be erected above the existing sanitary sewer line in said easement; and, WHEREAS, said owner of Block J, Barton Hills, Section 1 has agreed to provide a public utilities and drainage easement to replace that portion of the easement to be released and has further made provision for the payment of the total cost of locating storm sewer pipe of adequate size in such new easement to be granted; and, WHEREAS, the need for the hereinafter described portion of said easement will be obviated by the provision of such new easement and the location therein of an adequate enclosed storm sewer; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. T. Williams, Jr., City Manager be and he is hereby authorized to execute a release of said portion of such public utilities and drainage easement when an adequate easement has been executed in favor of the City of Austin and the funds necessary for the construction of the new facility in such drainage easement have been deposited with the City of Austin. Said drainage easement to be released to be more particularly described by metes and bounds as follows, to wit: A strip of land ten (10.00) feet in width, same being a portion of that certain drainage and utility easement traversing Block J, of Barton Hills Section 1, a subdivision of a portion of the Henry P. Hill Survey in the City of Austin, Travis County, Texas, according to a map or plat of said Barton Hills, Sec. 1 of record in Book 7 at Page 106 of the Plat Records of Travis County, Texas, said strip of land ten (10.00) feet in width is to be released from the said drainage and utility easement provided on said plat of Barton Hills Sec. 1; the centerline of said strip of land ten (10.00) feet in width being more particularly described as follows: BEGINNING at a point in the north line of South Lamar Boulevard and from which point of geginning a concrete monument at the southeast corner of the said Block J of Barton Hills, Sec. 1 bears N. 56° 51' E. 28.99 feet and N 51° 10' E 50.09 feet; tion: THENCE, N 35° 42' W 182.08 feet to point of termination. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson Councilman Palmer offered the following resolution and moved its adop(RESOLUTION) WHEREAS, after an engineering and traffic investigation, the City 228 220 CITY OF AUSTIN, TEXAS Council has found that the circumstances are such that the maximum reasonable and safe speed for the operation of vehicles is twenty (20) miles per hour at the following location: ON STREET FROM TO Possum Trot Street Enfield Road West 12th Street Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk be authorized and instructed to record this finding in Section 33.39 of the Traffic Register. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The City Manager submitted the following: "March 30, 1959 "Bids for Special Alloy Fittings, Contract 65, Holly Street Power Station, were received and opened at 10:00 A.M., March 24, 1959 "The bids are tabulated below: WKM Bid Price $11,017.00 Escalation Firm Total Price $11,017.00 OHIO STEEL FOUNDRY TAYLOR FORGE BABCOCK & WILCOX No Bid No Bid $9,035.36 Firm $9,035.36 "The recommendations of Brown & Root, Inc., our consultants on the Holly Street Power Station, are attached. "We concur with Mr. D. N. Higgins, Chief Power Engineer of Brown & Root, Inc., and recommend that the low bid be accepted, that Contract No. 65, Special Alloy Fittings be awarded to the low bidder, Ohio Steel Foundry for the lump sum firm price of $9,035.36. "APPROVED: W. T. Williams, Jr., City Manager" "D. C. Kinney, Director Electric Utility (Sga) D. C. Kinney CITY OF AUSTIN, TEXAS 229 Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on March 24, 1959, for the furnishing of special alloy fittings, Contract 65, for the Holly Street Power Station; and, WHEREAS, the bid of Ohio Steel Foundry in the sum of $9,035.36 was the lowest and best bid therefor, and the acceptance of such bid has been recommended by Brown & Root, Inc., Consulting Engineers, by the Director of Electric Utility of the City of Austin, anddby the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of Ohio Steel Foundry in the sum of $9,035.36 be and the same is hereby accepted, and W. T. Williams, Jr., City Manager of the City of Austin is hereby authorized and directed to execute a contract on behalf of the City of Austin with Ohio Steel Foundry. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The City Manager submitted the following: "April 1, 1959 "W. T. Williams, Jr. City Manager Austin, Texas "Dear Mr. Williams: "Bids were received until 2:00 P.M., Tuesday, March 31, 1959, at the Office of the Director of Water and Sewer Department for the Colorado River Sanitary Sewer Siphons, from Red River Street to Riverside Drive, and West lst Street to South 1st Street. The bids were then publicly opened and read in the Second Floor Conference Room, Municipal Building, Austin, Texas. "The following is a tabulation of bids received: Firm J. R. Barnes Engineering Company Austin Engineering Company Bland Construction Company Karl B. Wagner Engineering Constr. Co. Fairey-Simons, Inc. T Amount Working Days $48,434.80 75 61,779.00 40 73,634.35 45 84,999.50 150 114,808.00 90 "It is recommended that the contract be awarded to the J. R. Barnes Engineering Company on their low bid of $48,434.80, with 75 working days. 230 230 CITY OF AUSTIN, TEXAS "Yours truly, (Sgd) S. A. Garza S. A. Garza, Superintendentt Sanitary Sewer Division (Sgd) Albert R. Davis, Albert R. Davis, Director Water and Sewer Department "Approved: W. T. Williams, Jr. City Manager" Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on March 31, 1959, for the Colorado River Sanitary Sewer Siphons, from Red River Street to Riverside Drive, and West 1st Street to South 1st Street; and, WHEREAS, the bid of J. R. Barnes Engineering Company in the sum of $48,434.80 was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Director of Water and Sewer Department 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 J. R. Barnes Engineering Company in the sum of $48,434.80 be and the same is hereby accepted, and W. T. Williams, Jr., City Manager of the City of Austin is hereby authorized and directed to execute a contract on behalf of the City of Austin with J. R. Barnes Engineering Company. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson Councilman Palmer 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 south side of East 4th Street as a private gasoline plant consisting of a 1,000 gallon tank and electric pump for the sole purpose of servicing their own motor equipment, and from which no gasoline is to be sold, which property is owned by H. M. Mosher, and is the northwest part of Lot 6, E. H. Deats Subdivision, Outlot 16, Division 0, of the City of Austin, Travis County, Texas, and hereby authorizes the said H. M. Mosher to operate a private gasoline plant consisting of a 1,000 gallon tank and electric pump for the sole purpose of servicing his 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 231 _ CITY OF AUSTIN, TEXAS 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, 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 H. M. Mosher has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "Austin, Texas April 2, 1959 "I, the undersigned, have considered the application of Mosher and Company, by H. M. Mosher, owner, for permission to operate a private gasoline plant consisting of a 1,000 gallon underground tank and electric 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 south side of East 4th Street, which property is designated as the northwest part of Lot 6, E. H. Deats Subdivision, Division 0, Outlot 16 in the City of Austin, Travis County, Texas, and locally known as 3401 East 4th 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 until after final inspection and approval of same. "Respectfully submitted, (Sgd) J. C. Eckert Building Inspector" The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson 200 232 CITY OF AUSTIN, TEXAS Councilman Palmer 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 northwest corner of South Lamar Boulevard and Bluff Street, which property fronts 355.76 feet on South Lamar Boule- vard and 47.40 feet on Bluff Street, being known as Lots 1, 2, and 3 of Bluffview Business Addition in the City of Austin, Travis County, Texas, and hereby authorizes the said Watson Petroleum Company 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 ordinances relating thereto, and further subject to the foregoing attached recommendations and plans. The Building Inspeetor is hereby authorized to issue anooccupancy 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 Watson Petroleum Company has failed and refused and will continue to fail and refuse to perform any such conditions, regulations, and ordinances. (Recommendations attached) "April 2, 1959 "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "We, the undersigned, have considered the application of Watson Petroleum Company 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 northwest corner of South Lamar Boulevard and Bluff Street, which property fronts 355.76 feet on South Lamar Boulevard and 47.40 feet on Bluff Street, being known as Lots 1, 2, and 3 of Bluffview Business Addition in the City of Austin, Travis County, Texas, and the property upon which this filling station is to be located is owned by Joe Bland and is under lease to Watson Petroleum Company. We hereby advise that the following conditions exist. "The property upon which this filling station is to be located is designated as "C" Commercial Use District upon the zoning maps of the City of Austin. "All drainage, natural or otherwise, from this filling station is to be disposed of in such a manner that such drainage will not flow across the sidewalk area into the street, and furthermore, shall not create a nuisance to others in the neighborhood. It is understood that the disposal of such CITY OF AUSTIN, TEXAS 233 drainage shall be entirely the responsibility of the property owner. Any waste connection to a storm sewer which empties into an open drainageway shall be discontinued, if the waste becomes a nuisance or damages any property or rights of others in the vicinity of the open drainageway. "We recommend that Watson Petroleum Company 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 gradesof 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 therefdom while said motor vehicles are standing 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., and that all construction of the filling station improvements shall be in accordance with the Building Ordinance, the Zoning Ordinance, the Filling Station Ordinance, and in accordance 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 curbe shall be constructed of concrete at the expense of theapplicant as set forth upon the plan, hereto attached, which plan bears the Department of Public Works file number 2-H-1628. "(6) Expansion joints shall be constructed as shown upon the plan, hereto attached, marked 2-H-1628 and shall be of the premoulded 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 Certification of Operation before such filling station can be put into service. "Respectfully submitted, (Sgd) S. Reuben Rountree, Jr. Director of Public Works (Sgd) J. C. Eckert Building Inspector" 234 CITY OF AUSTIN. TEXAS 234 The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson Councilman Palmer offered the following resolution and moved its adoption (RESOLUTION) WHEREAS, F. L. Bird is the Contractor for the painting of a building located at 118 West 9th Street and desires a portion of the sidewalk and street space abutting Lot 12, Block 110, of the Original City of Austin, Travis County, Texas, during the painting of the building, such space to be used in the work and for the storage of materials therefor; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses hereinabove enumerated be granted to said F. L. Bird, the boundary of which is described as follows: Sidewalk and Street Working Space Beginning at the southwest corner of the above described property; thence in a southerly direction and at right angles to the center line of West 9th Street 5 feet to a point; thence in an easterly direction and parallel with the center line of West 9th Street 160 feet to a point; thence in a northerly direction and at right angles to the center line of West 9th Street to the southeast corner of the above described property. : 2. THAT the above privileges and allotment of space are granted to the said F. L. Bird, hereinafter termed "Contractor", upon the following express terms and conditions: (1) That the Contractor will be permitted to use a portable scaffolding within the above described working space to be moved from time to time as the work progresses and will be required to properly safe-guard pedestrians at all times. (2) That the Contractor is permitted to construct in his working space a substantial gate which shall be kept closed at all times when not in use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks. This gate is not to open out so as to impede vehicular or pedestrian traffic. (3) That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the allotted working space. (4) That "No Parking" signs shall be placed on the street side of the barricades. (5) That the Contractor is permitted to construct a temporary work office within such allotted working space provided such work office is not within 25 feet of any corner street intersection. (6) That the Contractor shall in no way obstruct any fire plugs or 235 CITY OF AUSTIN, TEXAS other public utilities in the construction of such barricades. (7) That provisions shall be made for the normal flow of all storm waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (8) That the Contractor shall place on the outside corners of any walkway, barricades or obstructions, red lights during all periods of darkness and provide lighting systems for all tunnels. (9) That the Contractor shall remove all fences, barricades, loose materials and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has ceased, such time to be determined by the City Manager, and in any event all such sidewalk, barricades, materials, equipment and other obstructions shall be removed not later than May 2, 1959. (10) That the City reserves the right to revoke at any time any and all the privileges herein granted or to require the erection or installation of additional barriers or safeguards if the conditions demand it. (11) That the use and enjoyment of the spaces herein granted shall not be exclusive as against public needs, and the City, in making such grant reserves the right to enter and occupy any part or all of said space any time with its public utilities, or for other necessary public purposes. (12) That any public utility, or public or private property disturbed or injured as a result of any of the activities necessary for the completion of the construction work for said building projects, whether done by the Contractor City Forces, or public utilities, shall be replaced or repaired at the Contractors expense. (13) That the Contractor shall furnish the City of Austin a surety bond in the sum of One Thousand Dollars ($1,000) which shall protect, indemnify and hold harmless the City of Austin from any claims or damages to any person or property that may accrue to or be brought by any person by reason of the exercise or abuse of the privileges granted the Contractor by the City of Austin and shall guarantee the replacement of all sidewalks, pavement and all other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. The motion, seconded by Councilman White, carried by the following vote: Councilmen Long, Palmer, White, Mayor Miller None Ayes: Noes: Absent: Councilman Pearson Pursuant to published notice thereof the following zoning applications were publicly heard: O. H. BUAAS 1130 West 6th Street From "C" Commercial To "C-2" Commercial RECOMMENDED by the Planning Commission 236 230 = CITY OF AUSTIN, TEXAS MR. KERNS TAYLOR represented Mr. Buaas and Mr. Tucker, lessee, requesting this zoning which would permit a package store. Opposition was expressed by MR. G. A. GOODSTEIN stating the location provided no parking, Blanco was narrow the location not situated where it could be easily policed; other property owners with unrented commercial properties would want the same zoning which would permit taverns. MR. SIMMONS, and his daughter, 607 Blanco, expressed opposition; as did MRS. J. E. SMITH, 1117 West 7th Street; MR. AMOS HEROLD, 1209 West 8th Street; and MRS. J. B. PERRY, 606 Blanco. The Council deferred action until it could make a personal inspection of the area. CARRET CORPORATION 3407 Helms Street From "A" Residence 1st To "B" Residence 2nd RECOMMENDED by the Planning Commission Mr. Forest Pearson represented the applicant, stating it was proposed to construct a multi-unit apartment house. Opposition was expressed by MR. C. R. MCNAMEE, JUDGE PICKLE for MRS. KATE BISHOP, DR. W. L. DARNELL, MRS. HUNT, MR. CLAIR FALLON. The Council deferred action until it could make a personal inspection of the area. LILLIE BERLOWITZ 705 West 24th Street From "B" Residence lst To "C-1" Commercial 2nd RECOMMENDED by the Planning Commission Mr. Raymond Ramsey, represented the applicant, as he was purchasing the property for a U-Totem Store. Opposition to the change of zone was expressed by MR. R. L.MOORE, MISS WEISINGER, MISS ANNE CRAIG. MRS. HARRIS, 706 West 23rd favored the change, as the property was vacant and there were prowlers. The Council deferred action until it could make a personal inspection of the area. HENRY G. KRAUSS By Smartt & Fallon 2311-2313 Rebel Road From "A" Residence To "0" Office RECOMMENDED by the Planning Commission Mr. Clair Fallon represented the applicant, who wished to rent a building to the Child and Welfare Service, the building to be on one end of the long strip of land. Opposition was expressed by VIRGIL WASHBURN, CLINTON HASTING, W. E. WALLIN and others, in the interest of not knowing what use would be made of the other part of the property, and the fear that their new subdivision would have more zoning changes. The Council deferred action until it could make a personal inspection of the area. DAN E. MCCASKILLO By Trueman O'Quinn 237 CITY OF AUSTIN, TEXAS 237 819-821 East 32nd Street 3106-3110 Red River Street From "A" Residence To "O" Office RECOMMENDED by the Planning Commission MR. O'QUINN represented the applicant. Opposition was expressed by MR. GORDON GRIFFIN. Councilman Long requested Mr. O'Quinn to bring in a plan of offices which Mr. McCaskill plans, as was furnished when the rest of the area was Zoned previously. Opposition to the change was expressed by Mr. S. M. PURCELL. The Council deferred action until it could make a personal inspection of the area. - EVELYN MARIE SMITH 5601 Sunshine Drive JOHNSON by Howard Johnson From "A" Residence To "GR" General Retail NOT Recommended by the Planning Commission MR. HOWARD JOHNSON represented the applicant, and stated he would give the necessary right-of-way to widen Sunshine Drive when contacted. No opposition appeared. The Council deferred action until it could make a personal inspection of the area. M. E. CHERNOSKY, Owner 1013 Vargas Road ISAAC GUZMAN, Purchaser From "A" Residence To "LR" Local Retail NOT Recommended by the Planning Commission No opposition appeared. MR. GUZMAN and neighbors appeared favoring the The Council deferred action until it could make a personal inspection change. of the area. W. W. PATTERSON 1913-2003 (1905-07) Nueces Street From "B" Residence 2nd To "C" Commercial 3rd RECOMMENDED by the Planning Commission and to include 1911 (1903) Nueces Mr. Patterson represented himself. No opposition appeared. The Mayor akded those who wished to grant the change to "C" Commercial 3rd Height and Area and to also include 1911 (1903) Nueces, to vote "aye!; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson 238 =CITY OF AUSTIN, TEXAS 228 The Mayor announced that the change had been granted to "C" Commercial 3rd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. C. H. LANGDEAU 503 East 15th Street From "B" Residence To "0" Office RECOMMENDED by the Planning Commission and to include 501 & 505 West 15th Street and 1407-11 Neches Mr. Horace Wimberly, Attorney, represented the applicant. The Mayor asked those who wished to grant the change to "O" Office and to include 501 and 505 West 15th Street and 1407-11 Neches, to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The Mayor announced that the change had been granted to "O" Office and the City Attorney was instructed to draw the necessary ordinance to cover. MRS. G. C. SEIDERS 3305-11 North Lamar Boulevard (Lots 12 & 13) From "C" Commercial To "C-2" Commercial RECOMMENDED by the Planning Commission Mr. Cyrus Miller represented the applicants, stating the request had been amended to cover only Lots 12 and 13. MR. SHORTY ALLEN opposed zoning the whole area, as it could develop into a tavern. The Mayor asked those who wished to grant the change to "C-2" Commercial (Lots 12 and 13) to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The Mayor announced that the change had been granted to "C-2" Commercial and the City Attorney was instructed to draw the necessary ordinance to cover. MRS. MARY SIMNACHER 4600-4712 Harmon Avenue 4601-4713 Airport Blvd. From "A" Residence To "C" Commercial RECOMMENDED by the Planning Commission 237 239 CITY OF AUSTIN, TEXAS= Mr. Simnacher represented the applicant. The Mayor asked those who wished to grant the change to "C" Commercial to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The Mayor announced that the change had been granted to "C" Commercial and the City Attorney was instructed to draw the necessary ordinance to cover. H. B. HENDRIX 5612 Adams Avenue From "A" Residence 1st & "C" Commercial 2nd To "C" Commercial 2nd RECOMMENDED by the Planning Commission and to include 5608-10 Adams The Mayor asked those who wished to grant the change to "C" Commercial 2nd Height and Area and to include 5608-10 Adams, to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Councilmen Long, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Pearson The Mayor announced that the change had been granted to "C" Commercial 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. VICTOR O. GINN 1503-05 West 12th St. 1109 Eason Street From "A" Residence 1st To "B" Residence 2nd RECOMMENDED by the Planning Commission The Mayor asked those who wished to grant the change to "B" Residence 2nd Height and Area to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The Mayor announced that the change had been granted to "B" Residence 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. 240 240 CITY OF AUSTIN, TEXAS CHESTER D. BROOKS 1105 Garner Avenue From "A" Residence lst To "B" Residence 2nd NOT Recommended by the Planning Commission Mr. Brooks represented himself. Opposition was withdrawn. The Mayor asked those who wished to grant the change to "B" Residence 2nd Height and Area to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Councilmen Long, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Pearson The Mayor announced that the change had been granted to "B" Residence 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. L. B. SHIFFLETT C. B. SMITH 708 West Avenue 710 West Avenue To From "B" Residence "0" Office RECOMMENDED by the Planning Commission No opposition appeared. Mr. Raymond Powell appeared making inquiry. The Mayor asked those who wished to grant the change to "O" Office to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes! Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The Mayor announced that the change had been granted to "0" Office and the City Attorney was instructed to draw the necessary ordinance to cover. ERNEST ROSNER 316 East 13th Street 1300-04 Trinity From "B" Residence 2nd To "C" Commercial 3rd RECOMMENDED by the Planning Commission and to include 312-14 East 13th Street Mr. W. W. Patterson represented Mr. Rosner. No opposition appeared. The Mayor asked those who wished to grant the change to "C" Commercial 3rd Height and Area and to include 312-14 East 13th Street, to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The Mayor announced that the change had been granted to "C" Commercial 1 241 241 CITY OF AUSTIN. TEXAS 3rd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. AMYE HAMILTON 4709 Red River From "A" Residence To "B" Residence RECOMMENDED by the Planning Commission No opposition appeared. Miss Hamilton represented herself. The Mayor asked those who wished to grant the change to "B" Residence to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The Mayor announced that the change had been granted to "B" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. LAWRENCE C. JOHNSON Rear of 3510-12 (3504) Interregional Highway From "A" Residence To "C" Commercial RECOMMENDED by the Planning Commission The Mayor asked those who wished to grant the change to "C" Commercial to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The Mayor announced that the change had been granted to "C" Commercial and the City Attorney was instructed to draw the necessary ordinance to cover. The request of MR. FOREST PEARSON for postponement of the application of HOLIDAY REALTY COMPANY, INC., for change of zoning at 7901-03 Lazy Lane and 1316-1402 Anderson Lane for six weeks was before the Council. Councilman Palmer moved that the hearing on the application be postponed for six weeks. (May 14, 1959) The motion, seconded by Councilman White, carried by the following vote: Councilmen Long, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Pearson 242 CITY OF AUSTIN, TEXAS Mayor Miller introduced the following ordinance: 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 ORDINANCE 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 BOOK "I", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE AND HEIGHT AND AREA DESIGNATIONS FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SECOND HEIGHT AND AREA DISTRICT ON LOTS 1 THROUGH 7, BOTH INCLUSIVE, IN BLOCK 5, IN LEE'S HILL SUBDIVISION; ORDERING A CHANGE IN THE USE AND HEIGHT AND AREA MAPS SO AS TO RECORD SUCH CHANGES; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Palmer moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The ordinance was read the second time and Councilman Palmer moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The ordinance was read the third time and Councilman Palmer moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The Mayor announced that the ordinance had been finally passed. Mayor Miller brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 243 243 =CITY OF AUSTIN, TEXAS- 37.96 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE GEORGE W. DAVIS SURVEY IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read the third time and Councilman Palmer moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The Mayor announced that the ordinance had been finally passed. Mayor Miller brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 2.48 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE HENRY WARNELL SURVEY IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read the third time and Councilman Pahmer moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson The Mayor announced that the ordinance had been finally passed. Mayor Miller brought up the following ordinance for its second reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANΝΕΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 25.83 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE A. B. SPEAR SURVEY IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read the second time and Councilman Palmer moved that the ordinance be passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson 244 249 = CITY OF AUSTIN, TEXAS- Mayor Miller brought up the following ordinance for its second reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN, AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 9.9 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE JOHN APPLEGAIT SURVEY IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read the second time and Councilman Palmer moved that the ordinance be passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: A Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson Mayor Miller brought up the following ordinance for its second reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANΝΕΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 28.52 ACRES OF LAND SAME BEING OUT OF AND A PART OF THE ISAAC DECKER LEAGUE IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read the second time and Councilman Palmer moved that the ordinance be passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Long, Palmer, White, Mayor Miller None Absent: Councilman Pearson Councilman Palmer offered the following resolution and moved its adoption: (RESOLUTION) A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE CITY OF AUSTIN, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF A HIGHWAY ILLUMI- NATION PROJECT AT 50 ft. north of Colorado River Bridge to 1341 ft. south of Oltorf Street on Highway Interstate 35 IN THE CITY OF AUSTIN; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Austin: SECTION 1. That the certain agreement dated April 2, 1959 between the State 245 CITY OF AUSTIN, TEXAS- 245 of Texas and the City of Austin, for the installation, construction, existence, use, operation and maintenance of certain highway illumination located at 50 ft. north of Colorado River Bridge to 1341 ft. south of Oltorf Street on Highway Interstate 35 in the City of Austin, be and the same is hereby approved and W. T. Williams, Jr., City Manager is hereby authorized to execute said agreement on behalf of the City of Austin, and to transmit the same to the State of Texas for appropriate action. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson The City Attorney explained the urgency of removing a structure on the site where excavation is to begin for the low-water dam, and stated inquiries had been made of people known to be interested in buying houses. After more details and discussion, Councilman Palmer moved that the City Manager be authorized to sell the house at 2709 Canterbury Street to MR. S. P. KINSER, at the highest offer of $800.00 plus his paying for the moving of the house. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson Councilman Palmer submitted the request of MR. WINIFRED GUSTAFSON and MR. HERB WILLIAMS of Comanche to lease property on South Vamar (next to Kash Karry) for locating a minature golf (PLAY GOLE) course. After discussion, Councilman White moved that the request be denied. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Palmer, White, Mayor Miller Noes: None Absent: Councilman Pearson There being no further business, the Council adjourned at 2:40 Ρ.Μ., subject to the call of the Mayor. ATTEST: Clay oly City Clerk APPROVED Jom Mille Mayor