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1965 10 14 CC Minutes9023 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 19, 1965 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, October 19,,1965 at 6:30 p.m., in the Council Hoom of the Baytown City Hall with the following members in attendance: Robert Barnes Councilman C. M. Massey Councilman Don M. Hullum Councilman A. M. Braswell Councilman J. C. Huron Councilman Raymond T. Donnelly Councilman Seaborn Cravey Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered, afterwhich, he called for the reading of the minutes of the special meetings of September 21, 27 and 29th and the regular meeting of September 23rd. Councilman Donnelly moved to dispense with reading of the minutes - they be approved as submitted in written form. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Plans Community Center and City Hall Lowell Lammers, Architect, submitted preliminary plans for the locating of the City Hall and Community Center Buildings, said locations having been previously approved r by.the civic center building committee, chaired by Councilman Barnes and the citizens advisory committee, chaired by Theo Wilburn. Prior to his presentation, Councilman Barnes reported upon the two recent meetings of the committees. Recently the City Council has received requests from two organizations, Veterans Service Officer and one post of the American Legion, for office space in the new City Hall buibing. The joint committees discussed these requests and, since they are not directly associated with city functions, the committees recommended to the Council that the requests be denied, based on the fact that there are other organizations of similar in nature, and equally worth - while, that could make the same valid request. He pointed out that these organizations will have adequate space to meet in the Community Center and there will be lockers provided in the center for storage of materials used by each organi- zation. The Council was in agreement with the recommendation so, Councilman Barnes moved not to set aside office space in the City Hall for any non -city function. Council- man Massey seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Neys: None The second item the joint committees discussed was the landscape architectural work for the City Hall and Community Center site. Mr. Lammers will do some landscaping with- in the mall adjacent. to the buildings but the parking areas, driveways and other por- tions of th 29 -acre tract will not be included. It was suggested that the entire site be intergrated into a single plan; this to be done by a professional landscape archi- tect. He would be assigned the responsibility of developing a master plan for the entire site and the Council could ask for bids on any portion of the whole. The cost 4024 estimate for the overall design layout would be between $1,500 and $2,500. After some discussion the Council decided to defer action upon this recommendation until the next meeting. Councilman Barnes praised the Capital Improvements Committee for its deligent and time consuming contribution to the entire community; for its dedication to the purpose of developing a Civic Center which will be a great asset to the City. Theo Wilburn, Chairman of the Capital Improvements Committee, urged the Council to have the landscaping design done by a professional landscape architect. Mr. Lammers, in his presentation of the revised sketching of the location of the city hall and community building, explained the relocation by placing the city hall on the west side of the fault line and the community building on the east side. The area of the fault between the two buildings would be used as a mall since it would not.be.detriment to the overall construction. Roadways were sketched around the buildings,.parking lots for employees and the general public were shown at various points. The relocation was requested by the two committees. Councilman Barnes asked the Council to permit more time for the City Administration, Department Heads and othrs to study the general floor plan of the City Hall. The floor plan of the civic center was ready for approval if the council so desired. At the conclusion of the review, Councilm an Huron moved to approve the plans as presented which included the floor plan of the Community building and civic building and the location of the buildings on the east and west side of the fault; to make every effort to expedite the floor plan of the city hall so that bids for both buildings may be requested at the same time. Councilman Donnelly seconded the motion. Before voting, Councilman Hullum stated that he was not opposed to the city hall nor the civic center building but he did object to the civic center site. The vote was then taken and the results follow: Ayes: .Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Authorize Sale of $300.000 General Obligation Bonds Mr. Tom Masterson, city's fiscal agent, submitted a resolution which would authorize the sale of $300,000 General Obligation bonds according to the requirement as set for the in the Charter of the City of Baytown. In his presentation, he pointed out that the bonds will have to carry an interest rate of 1/20 of one percent as the Attorney General will not approve bonds with no interest rate. City Manager Lanham introduced and read that portion of the resolution calling for the sale of the bonds, Councilman Braswell moved to adopt the resolution as read. Councilman Barnes seconded the motion. Immediately.thereafter, Herman Wright, of the Houston law firm of Mandell and Wright and representating the Baytown Taxpayers Association, asked to be heard in be half of the group who is concerned about the manner in which a portion of the council is considering spending the bond funds. The group is particularly concerned about the piece of land which is under consideration. He stressed the fact that bond funds are trust funds which are to be spent strictly in accordance with the purpose for which the citizens voted. The 29 -acre tract which the council proposes to purchase far exceeds an amount needed upon which to erect the City Hall and Civic Center building. His clients are concerned that this expenditure for land is out of proportion to what the tax payers thought they were voting for when they approved bonds for a city hall and community building. Since it appears that a certain portion of the land which the council proposes to buy cannot be used, under any circumstances, for the construction of a building, his purpose in being here was to say his clients were concerned about the legality of.the expenditure of $116,000 from bond funds for a purpose which they feel is not authorized in any of the bonds voted upon by the people. He further stated that his clients were not opposed to the city hall, community center or any legitimate location they were only concerned that bond funds are being used for a purpose not authorized. In the purchase of excess acreage, it might be used beyond the authority granted by the tax payers, such as, land for park.purposes which was rejected at the March 6th bond election. Following the presentation of the objections by Mr. Wright, the Mqor called for the vote on the question. The results follow: Ayes: Councilmen Barnes, Massey, Hullum, Brastve-t , Huron and Donnelly Mayor Cravey Nays: None Refrained: Councilman Braswell The Caption of the Resolution follows: 9025 RESOLUTION NO. 99 ( RESOLUTION AUTHORIZING NOTICE OF SALE OF BONDS Reynolds - Request Extension - Vacating Civic Center Site The Council received a request from R. W. Reynolds, owner of Reynolds Company, 1922 West Main Street and a tenant on the civic center tract, for an extension for vacating the property. He has approval of a loan to build a metallic building on property he has purchased on West Main between his present location and Loop 201. He now asks for an extension of 30 days which will give him until December 1st as his present rental contract expires November 1st. The Council recognized the fact that the city would incur the liability of getting Mr. Reynolds off the site should an extension be approved - it was agreed that any extension was contingent upon the construction contract being let and work being started prior to November 1st. After some discussion, Councilman Donnelly moved to instruct the City Attorney to auange a meeting with present owners of land and work out an agreement whereby the city can extend the time limit for moving from the Civic Center site to December lst, contingent upon starting the job prior to November 1st. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey. Nays: None Amendment - Plumbing Ordinance Councilman Braswell moved to adopt an ordinance amending the city's present plumbing ordinance, Section 11 - (i) to permit a compression type push -in gasket, with two (2) perfect seals between hub and spigot to be used on joints in cast iron pipes. These seals to be used on one -story buildings only. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell,. Huron and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 761 AN ORDINANCE MENDING AN ORDINANCE ENTITLED, "AN ORDINANCE GOVERNING PLUMBING INSTALLATION; REQUIRING ALL PLUMBING WORK TO BE DONE BY LICENSED PLUMBERS UNLESS SUCH WORK IS DONE BY THE PROPERTY OWNER HIMSELF; PROVIDING FOR PERMIT AND INSPECTION FEES, PROVIDING THAT ANY PERSON, FINN OR CORPORATION WHO SHALL REFUSE TO COMPLY WITH, OR WHO VIOLATES ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL BE FINED NOT LESS THAN ONE ($1,00) DOLLAR NOR MORE THAN TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF ", BEING ORDINANCE NO 693, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 11TH DAY OF JANUARY, 1962, BY AMENDING SECTION 11, SUBSECTION (i) THEREOF PERTAINING TO JOINT SPECIFICATIONS; PROVIDING A SAVINGS CLAUSE, REPEALING ALL CONFLICTING OR..DINANCES; PROVIDING A PENALTY.FOR VIOLATION OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Discuss - Trains Blowing Whistle within City Limits Councilman Massey moved to instruct the Administration to contact the General Counsel of both the Southern Pacific and Missouri Pacific Railroads and request that its train engineers reduce the number of whistles as it approaches street crossings. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None 4026 Approved Request E. C. Canet - Addition to Building in Fire Zone Councilman Huron moved to approve the request of E. C. Canet, Jr., 2101 West Main, to construct a double garage addition to an existing structure which is within the No. 2 Fire Zone. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Discuss - Extension of Tenth Street to Federal Housing Proiect off Fayle The Council discussed the proposed extension of Tenth Street from its intersection with East Fayle north 200 feet to the entrance to the Baytown Housing Authority Building now under construction. City Manager Lanham pointed out that if the construction is to be completed by the time the housing project is ready for occupancy an extension should be made to the Skrla contract to include this improvement. The estimated cost for the improvement, based on the unit prices of the present contract with Skrla, would be $3,144; the Housing Authority's portion on a participation basis would be $461. Since the street extension will be used primarily by those going to and from the Housing Authority, it was suggested that possibly a shell road would not be too objectionable. After some further discussion, it was agreed to defer further discussion upon the request until the next regular meeting of the Council. In the meantime, the City Manager will check the terms of the original agreement executed at the time the application was made. Raising West Bayshore Drive to Elevation of Seven and One -Half Feet - Add Present Contract Due to the recent high tides, City Manager Lanham was requested to prepare an estimate of cost of raising the elevation at Bayshore Drive, now under contract in Phase 2, 1964 -65 Street Improvement Program, to an elevation of 6' feet rather than the approved 6 -feet. The contract price to raise the elevation to six feet is $5,043. The estimated cost b r the additional six inches is $7,866.15 which would blend the elevation into existing grades. Councilman Braswell proposed leave Bayshore Drive at the approved six -foot elevation; to raise West Bayshore Drive to 6!2 foot elevation. This would bring West Bayshore Drive up to a level of the nearest intersection; would provide ingress and egress during high tides and be of greater service to the entire area in question. His suggestion was readily endorsed by the Council. Councilman Braswell moved to raise the elevation of West Bayshore Drive up to 7S feet and leave Bayshore Drive at the 6 -foot elevation - this to be added to the present contract of Skrla, Inc. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, !Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Letter Baytown Sun Commending Bee Landrum - News Coverage Councilman Barnes expressed his appreciation of Bee Landrum on his type of news reporting in relation to the activities of the City Council. He suggested that the Mayor be authorized to write a letter to the Editor of the Baytown Sun and commend Mr. Landrum for his fair and impartial news reporting; the efforts that are being made to give pertinent and informative news without any flair for the spectacular. The Council gave unanimous approval to the suggestion. Estimate - Improving Easement Abutting First Christian Church Property At the last regular meeting, the City Manager was instructed to prepare an estimate of cost to improve a 10 -foot strip of easement abutting upon property owned by the First Christian Church between Forrest and Marion Streets. The church proposes to construct a hard- surfacr parking lot at this location and had requested the City to participate in the cost of the proposed project by improving the abutting easement. The estimate was $3,549.60. Since this is to be a parking lot, the Council felt that funds should not be expended by the City; this would be setting a precedent which could be quite expensive to the city, should other requests be made for similar participation. However, if it should require additional drainage facilities, the Council agreed that the city could assist in the cost of such improvements. After some further discussion, Councilman 4027 Donnelly moved to deny the request for City participation in the cost of improve- ment. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Massey, .B arnes, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Proposed Intersection - Memorial Drive at Park Street The Council reviewed the revised plan for the Memorial Drive extension at its intersection with Park Street, the revision being requested at the August 12th meeting. The Council had requested the developer to increase the width of the intersection - the city agreeing to purchase the additional storm sewer pipe which will be required to fill the ditch abutting upon Park Street. The Council suggested several changes, such as larger street taper to west, reduce a portion of the flair, etc., Councilman Huron moved to approve the revised plans with the inclusion of the suggted changes and to authorize the purchase of the 12 -feet of additional storm sewer required to fill the drainage ditch to the south of Park Street. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Donation - $7,500 Citizens National Bank G Trust Company Councilman Barnes moved to accept a $7,500.00 donation, made payable to the City of Baytown, for the purpose of contributing to the future physical, economic and social development of the community, said donation being made by the Citizens National Bank and Trust Company of Baytown. The funds will be placed in escrow and the City Adminis- tration will recommend the most feasible designation at a later date. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. May(r Cravey Nays: None Adopting Resolution - Supporting Committee - Pollution Study Councilman Donnelly moved to adopt a resolution recognizing the newly created Pollution Multiple Use Study, Texas, Waters, Committee, as authorized by the last session of the State Legislature and pledging the wholehearted support of the City Council to State Senator Criss Cole and Mr. E. V. Muller to do everything.in its power to assist in the prevention of the pollution of the public waters in this area. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 95 A UNANIMOUS RESOLUTION OF THE CITY OF BAYTOWN CITY COUNCIL, RECOGNIZING THAT THE NEWLY - CREATED POLLUTION- MULTIPLE USE STUDY, TEXAS WATERS, COMMITTEE, AUTHORIZED BY THE LAST SESSION OF THE STATE LEGISLATURE, CAN SERVE A VERY USEFUL PURPOSE IN PROTECTING THE LOCAL WATERS FROM POLLUTION; PLEDGING ITS WHOLEHEARTED SUPPORT TO SUCH COMMITTEE; DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO PRESENT CERTIFIED COPIES OF SA51E TO EACH MEMBER THEREOF. Councilmen Huron and Braswell were named as representatives of the City Council to work with the Wooster Chamber of Commerce and the Baytown Chamber of Commerce in their promotional efforts to eliminate pollution within the area. They will serve as a liaison between the two groups and the City Council in the co- ordination of its activities. 4028 Report - Pollution Condition Several Areas City The City Manager reported upon the reasons for the numerous complaints received recently regarding pollution in certain areas of the city. Such conditions arise be- cause of overflow during heavy rains, stoppage of lines or mechanical failure. The Council discussed the recent pollution existing in the Flood Control Ditch which crosses the David G. Burnet School property and possible methods of solving the problems. They also heard a report from Mr. Dean King, realtor, relative to his contacts with the County Commission regarding the conditions existing in the ditch. It was suggested that a joint meeting be held with the members of the City - School Committee, Dean King, and V. V. Ramsey, County Commissioner, for the purpose of discussing the possible closing of that portion of the ditch running throught the school property on a cost participation basis, The Council was in agreement with the suggestion and the City Manager was instructed to arrange such a meeting at the earliest possible date. Hemlock and Dorris Street Crossing - Secure Bids - Includina City Forces The Council discussed the construction of the connecting pavement between Hemlock and Dorris Streets, whether to use contractor or the City forces on the project. Mr. Lanham proposed using City forces since the job was small and the City had no concrete construction now under contract. After some discussion, it was decided to instruct Mr. Lanham to secure one or more bid quotations from contractors, the city prepare its estimate of cost and he use his discretion in the selection of the bid which would be of greater advantage to the city. Participate - School Special Education - Metally Retarded Councilman Barnes moved to authorize the City Manager to cooperate with the School District in its special education program for the mentally retarded and employ two or three youths for job training assignments in areas where they are capable of working. He is to.have releases executed by parents prior to theri employement, which will release and discharge the city from any and all claim.liability. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron, andDonnelly. Mayor Cravey Nays : None Joint Meeting - Human Relations Executive Committee - City Council A joint meeting of members of the Human Relations Executive Committee and members of the City Council will be held at 5:00 p.m. Wednesday, October 20th in the Council Room of the City Hall. Report - Fletcher Hickerson - Civil Defense Director The Council heard a brief report, delivered by Baytown's Civil Defense Director, Fletcher Hickerson, on the results of a meeting of civil defense directors in Las Vegas, Nevada recently. He especially stressed the efforts that are now being made by directors throughtout the United States in coordinating the work of the civil defense personnel during natural disasters. Amendment - Garbage Collection Fees - Ordinance No. 759 Councilman Donnelly moved to adopt an ordinance amending the city's garbage collection ordinance to provide a fee of $1.25 per month for removing and disposing of garbage and refuse from houses and premises used for residential purposes. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Braswell and Donnelly. Mayor Cravey Nays: Councilmen Hullum and Huron The caption of the ordinance follows: 4029 ORDINANCE NO. 759 AN ORDINANCE AMENDING AN ORDINANCE ENTITLED, "AN ORDINANCE REGULATING AND PRESCRIBING THE CONDITIONS FOR THE RESIDENTIAL COLLECTION OF GARBAGE; PRESCRIBING GARBAGE CONTAINER REQUIRE- MENTS; ESTABLISHING A FEE FOR THE RESIDENTIAL COLLECTION; PRO- VIDING A METHOD FOR BILLING AND COLLECTING SUCH FEE; PROVIDING A SAVINGS CLAUSE, PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF; AND REPEALING ALL PRIOR ORDINANCES AND AMENDMENTS RELATING THERETO," BEING ORDINANCE NO. 749, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 26TH DAY OF MAY, 1965, BY AMENDING SECTION SIX (6) THEREOF PERTAINING TO THE CITY'S CHARGE FOR ITS SERVICES IN REMOVING AND DISPOSING OF GARBAGE AND REFUSE FROM HOUSES, BUILDINGS AND PRiMISES USED FOR RESI- DENTIAL PURPOSES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING FOR THE PUBLICA- TION AND EFFECTIVE DATE THEREOF. Attend Conference - University of Texas - November Councilman Barnes moved to authorize the Mayor to attend a Texas Conference on Our Envioronmental Crisis -at the University of Texas on November 21 through 23. Council- man Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Committee - Study Ordinance - Controlling Operation of Aircraft - City Limits The Mayor named A Committee composed of Councilman Huron, City Attorney Chandler, and Pat Ball to draft an ordinance controlling the operation of aircraft within the city limits and providing penalties for flagrant violations. Adjournment • Councilman Donnelly moved for the meeting to adjourn. Councilman Barnes seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. Edna Oliver, City Clerk