Loading...
1964 04 23 CC Minutes2011 r 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 23, 1969 The City Council of the City of Baytown, Texas met in regular session on Thursday, April 23, 1969 at 6 :30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Seaborn Cravey J. Robert Barnes David C. Clark Kenneth E. Badgett •# J. C. Huron M. E. Lively o C. L. Liggett Fritz Lanham Edna Oliver Absent: George Chandler Councilman Councilman Councilman Councilman Councilman & Mayor Pro Tem Councilman Mayor City Manager. City Clerk City Attorney The Mayor called the meeting to order, the Invocation was offered, afterwhich the City Clerk was instructed to read the minutes of the two special and one regu- lar meetings. Councilman Badgett moved to dispense with reading of the minutes; they be approved as submitted in written form. Councilman Lively seconded the motion. The vote follows: I . Ayes: Councilmen Barnes, Clark, Badgett,, Cravey, Lively and Huron Mayor Liggett Nays: None Mayor Pro Tem - .Councilman J. C. Huron Councilman Huronwas selected to serve as Mayor Pro Tem for the,ensuing year by vote of the City Council. Appointment of Councilmen to Committees - Mayor Liggett Mayor Liggett made the following appointments to committees with consent of the councilmen, namely: Councilman Badgett to Ordinance Study Committee Councilman Cravey: Audit Committee, Human Relations COmmittee, Charter Revisions Advisory Committee and Traffic Committee Councilman Huron: Airport Committee, Traffic Committee, Community Improvements Committee. Councilman Barnes: Industrial Attractions Committee, Chairman, Corporation Court Committee and Parks Committee as Chairman. Councilman Lively: Waterways Development as Chairman, Water Supply Committee, Industrial Attractions Committee, Subdivision Ordinance Committee-Chairman. Councilman Clark: Subdivision Committee, Waterways Development Committee, Water Supply Study Committee and Public Housing Committee Bids - Concession Stand at Roseland Pool Only one bid was received on the proposal for rental of the concession stands at Roseland Park swimming pool and Nelson McElroy Park. This bid was received from Mr. Leon Higginbotham for Roseland Park with a $100.00 bid proposal, a teacher at Robert E. Lee High School. Councilman Huron moved to accept the bid of Leon Higginbotham for the operation of the concession stand at Roseland Park. Councilman Barnes seconded the motion. The vote follows: 2012 Ayes: Councilmen Barnes, Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None # Mayor Liggett excused from the meeting in order to spend some time with his mother who is visiting with his family. Councilman Huron takes the chair as Mayor Pro Tem. Review Request F. A.-Richardson - Assistance Development of Eva Maude Section 5 On February 27, 1963, F. A. Richardson, local subdivision developer, submitted a request for assistance in the development of Eva Maude Subdivision, Section 5. The request was composed of three parts, namely: Install the culvert and pave the approach to James Bowie Drive; Extend the 6" water main on James Bowie Drive to his property line; and Pave the extension of Mockingbird Lane (a distance of 120 feet: to his east property line, this extension being a requirement of,the Planning Commission. At the time of the original request, the council carried a 2 to 4 vote against the city's participation but agreed to give it further study. Mr. Richardson was now asking that his proposition be reconsidered. For the benefit-of the new councilmembers, he and A. J. Busch, Local Engineer, reviewed the subdivision plat in relation to surrounding areas, wrier lines, etc. Mockingbird Lane was not shown in the original plat presented to the Baytown Planning Commission but it had regWred that the street be provided. Since the Commission was not empowered to spend public funds but had requested the street provision, the developer, Mr. Richardson, felt that the city should participate in the cost of paving the street since it would not be of any particular benefit to his subdivision. Resolution Nn. 7 of the City of Baytown, which permitted the City Council, upon recommendation of the City Manager, to aid and assist developers was abolished November 26, 1963 and the council is now waiting for proposals or recommendations from the Planning Commission, which is making a thorough study of the ordinance. After a lengthy discussion, Councilman Cravey stated that it was his opinion that there were definitely strong arguments on either side since each person was trying to offer some type solution; Mr. Richardson thinking that he was being discriminated against since some consideration has been given his competitor in months past but from the standpoint of the Planning Commission, in his opinion, it would be too dangerous for the council to go on record as being willing to pay for the additional costs of improvements which the Planning Commission requires in addition to the original plat of subdivisions. He concluded with the motion to deny the request to share in the cost of the extension of the street as required by the Planning Commission. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey, and Lively Mayor Pro Tem Huron Nays: None In relation to the water main extension, the request was for the city to make a water tap on James Bowie Drive and extend the service main to the developers' property line; the second part to install the culvert and pave the approach to James Bowie Drive. Heretofore the city has made water main extension up to 100" and this extension would be less than the 100 ". Also it has been the policy of the city to install the culvert if the person making the request would purchase the pipe. Councilman Cravey moved to approve: 1) city bear the expense of installing the culvert if Mr. Richardson will purchase the pipe; 2) city bear the cost of extending the water line from the present main to the developer's property line; 3) pave the approach to James Bowie Drive. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Cravey, Badgett, and Lively Mayor Pro Tem Huron Nays: None 2013 f Public Hearing - Protesting Application On Premise Beer License 1301 Lee Drive Mayor Pro Tem Huron opened the public hearing to determine whether or not the application for an On- Premise Beer License at 1301 Lee Drive should be approved. Mr. Smith, spokesman for the opponents, gave a brief history of the past experience during operation of a tavern at said location and asked that the request be denied as a preventive measure. After hearing Mr. Smith, Mayor Pro Tem Huron asked if a spokesman for the proponent was present. No one came forward to be heard. Councilman Cravey moved to deny the request for the On- Premise Beer License.. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron , Nays: None Representative - Chamber of Commerce - Reaffirm Policy Messrs. Moore and Strickler, appeared before the council at the direction of the Board of Directors of Greater Baytown Chamber of Commerce to request the present council to reaffirm its.policy relative to the annexation and taxation of heavy manufacturing industries.. During the past.12- months numerous industrial contacts have been made on a national basis and in most every instance there has been some discussion concerning the taxation policy toward industry in the City of Baytown. In several cases, mention has been made of the industrial Resolution adopted by the City Council, November 1%2. At a recent meeting this matter was discussed and the Chamber went on record as requesting a similar resolution from the present council. The resolution will be incorporated in an Industrial Brochure now being prepared. The present council gave every indication of favoring some type resolution which would attract new industries to Baytown but asked for permission to restudy the present resolution and give some thought to including lighter technical industry. Also, the new annexation law permits cities to set up industrial districts and it will be necessary to consult with the City Attorney for a legal opinion in connection with the Annexation Law passed by the State Legislature last August., A study will be made by the Council and City Attorney with City Manager Lanham and a resolution will be prepared for adoption by the next regular meeting if not before. This study will be made in conjunction with the Industrial Attractions Committee. Zelman Kuehne - Proposed Cedar Cove Subdivision Messrs. Kuehne and Busch, developer and engineer, submitted a preliminary drawing of the proposed Cedar Cove Subdivision which will abuts. Roseland Drive and East Texas Avenue just north of Roseland Park. The proposed subdivision includes canals in back of each lot and will expend one city block with 30 lots. The canal on the south side of the Subdivision would be on city property with the exception of two (2') feet adjacent to the subdivision. Since the Planning Commission is empowered to approve subdivision development proposals, the developer asked the Council to dedicate for public use, the fifty -eight (58') foot strip for canal purposes. The developer will construct the canal and will use enough of the dirt from the canal construction to make an area on the north side of Roseland Park usable. The council discussed the possibility of legal impediments in relation to the Roseland Park deed instrument, docking facilities, rebuilding the city's boat ramp, etc. Mr. Kuehne agreed to construct a boat of equal value to the one the city presently has some distance down on the bayou side. He will minimize the out -of- service time of the boat ramp by dredging in other areas and leaving the present boat ramp site to the last of the construction. Councilman Badgett moved to dedicate the fifty -eight (58') foot strip for canal purposes, subject to legal opinion from the City Attorney and the replacement of the city's present boat ramp. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Barnes. Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None If no legal impediments are found, the City Attorney will proceed to draw up all necessary papers for the completion of the aforementioned agreement. 2014` ` Discussion - Cerebral Palsy Lease Agreement Mr. Rocquemore, spokesman for the Cerebral Palsy Board, met With the Council to request some changes. in the first draft of the lease agreement between the City, and the Baytown Cerebral Palsy Center. He asked for an extension on the term of the lease from 30 years to 99 years. The Board plans to make application for federal funds under the Hill- Burton Act and these funds cannot be obtained with a 30 -year lease contract; it must be 50 years or more. Secondly, in Section III, it stipulated construction of the building must begin within a period of one year from the date of execution of the lease agreement. In order for the Center to be eligible for funds, it must raise one -half the cost of the building and this will take time; to meet all the requirements to qualify for funds under the Act may take two or more years. He requested that this be amended to an unlimited time schedule with an option to release. The Council favored setting a lease term of fifty (50) years with an option to extend the lease an additional fifty (50) years and to set a starting time of 5 -6 years with a provision that an extension could be made if evidence is shown that progress is being made and construction of the building is eminent. This proposal was agreed upon by those representing the Cerebral Palsy Center so Councilman Clark moved to instruct the City Attorney to prepare a new lease agreement instrument showing the term of this lease:to be fifty (50) years with an option to extend the lease an additional fifty (50) years and starting date of construction to be within a period of five (5) years. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Construction of Water Lines in South Pruett, Harvard, Schilling and Sterling Streets In order to meet the recommended installations of the State Board of Insurance; to make replacement of water lines on South Pruett and West Sterling prior to resurfacing; to complete the 8" loop of water lines and benefit from the Massey- Tompkins Road and vicinity project, City Manager Lanham recommended the installation of 8" water mains as follows: Replacement of water line in South Pruett from Humble to Harding at a material cost of approximately $2,124.00; 2) Installation of water line In Harvard from Francis to Schilling and in Schilling to State Street at a material cost of approximately $5,555.00 and 3) the installation of a waterline and fire hydrants at a material cost of approximately $5,163.00. Councilman Badgett moved to approve the proposed installations of the three projects as heretofore set forth. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Clark, Barnes, Badgett, Cravey and Lively Mayor Protem Huron Nays: None City Manager's Report Fletcher Hickerson, Civil Defense Director, gave a brief report.on the mock civil defense training session conducted Wednesday, April 22nd. The session considered techiques which would be helpful during hurricanes and other situations. He also reported that they are considering some modification to the city jail in order for it to be used as an emergency operating center. (l /. )- 3 -G 11) C. J. Bailey, Jr., representing the proposed Youth Center, reported that sub- committees have been appointed and are working intensely but in the research studies the committee is handicapped without the experience and knowledge of an architect. He asked the council to consider the appointment of an architect at the earliest possible date. Council�an Lively moved to instruct the City Manager to contact the three architects residing in Baytown and invite them to meet with the City Council on Thursday, April 30, at 6 :30 p.m. for an interview. City Manager Lanham gave each councilmember a general obligation debt service capacity breakdown as prepared by the City's fiscal agent, Ernest L. Brown, Jr. 2015 This information was requested by Mr. Lanham since the Council may be petitioned to call an election for approval or disapproval of financing the construction of a recreation center. The chart was prepared on the basis of a $250,00 and $500,000 issue and revealed the total debt service requirementson $250,000 of bonds can be adequately met with the 39t tax rate presently used to retire bonds; the $500,000 issue could be serviced within the 39t tax if principal payments were foregone for three years. Mr. Lanham reported that the City Attorney had informed him that he had received a copy of the Houston ordinance relinquishing all claims to territory west of the San Jacinto river. jl Draft Resolution - Behalf Levee Councilman Badgett moved to instruct the City Attorney to draft a resolution setting forth the need and urging our state representatives to assume sponsorship of building a levee in the Brownwood subdivision. Copies of the resolution to be sent to our State representatives, representatives in federal government, Chamber of Commerce and County officials. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Decker Drive - Urge Completion City Manager Lanham was instructed to talk with Fred Hartman, Chairman of the Chamber of Commerce Highway Committee, and solicit his aid in expediting the construction of Decker Drive. It was suggested that he and other members of his committee contact W. E. Carmichael, District Engineer of the Highway Department, and ask for a firm commitment on the completion date of Decker Drive. Adiournment Councilman Badgett moved for.the meeting to adjourn. Councilman Lively seconded the motion. The ayes were unanimous and the Mayor Pro Tem declared the meeting adjourned. �GLiln .a � IKLt� -li✓ Edna Oliver. City Clerk