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1967 10 19 CC Minutes4428 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN October 19. 1967 The City Council of the City of Baytown. Texas met in regular session on Thurs- day. October 19. 1967 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Councilman Glen Walker Councilman Don M. Hullum Councilman -- A. M. Braswell Councilman Albert Fanestiel Councilman Lamar Kelley Councilman Seaborn Cravey Mayor Fritz Lanham City Manager Richard Park Assn't City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered. The Mayor then called for the minutes of the special meeting of September 21, and regular meeting of September 28th. A correction was made to September 21st minutes, ORDINANCE SETTING TAX RATE: Councilman Fanestiel moved to adopt the ordinance as read. September 28th: Bank Depository Bids - Councilman Ball moved to award the depository contract to the best bidder, Peoples State Bank. There being no further correction, Councilman Ball moved to approve the minutes as corrected. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Dedication of Street in Civic Center Area I Councilman Ball nn ved to adopt a resolution declaring and dedicating the roads and rights -of -way in the Baytown Civic Center as public roads, and the naming of the streets by the Baytown Planning Commission - Civic Circle, North Civic Drive and South Divic Drive. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilman Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Mays: None The caption of the resolution follows: RESOLUTION NO. 189 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN MAKING, DECLARING AND DEDICATING THE ROADS AND RIGHTS -OF -WAY IN THE BAYTOWN CIVIC CENTER AS PUBLIC ROADS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE COPIES OF THIS RESOLUTION AND DIRECT- ING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF THE SAME TO THE DISTRICT MANAGER OF HOUSTON LIGHTING G POWER COMPANY. Muller - Report Engineering Feasibility Costs - Lake Burnett Fresh Water Lake Protect Gene Muller. Chairman of the Fresh Water Recreation and Resources Board, reported on a recent campaign conducted by the Board after receiving the proposal of limner, Collie 6 Braden, Consulting Engineers, in the amount of $6.000 to do a concept of feasibility studies on the Lake Burnett project. After the Board made its decision to use the Houston engineering firm, a feature story was run in the Baytown Sun. Contributions from interested parties, including residents of the Brownwood area. have amounted to $4.406.00 at 5:00 o'clock p.m. Mr. Muller appealed to the Council to underwirte the remaining deficit at this meeting so that the firm may be instruct- ed to begin its study. Due to the importance of the pooject. and urgency of the hour. and the fact that the $6,000.00 is for the engineering feasibility study alone, 4429 Councilman Walla moved that the Council authorize not only the deficit between the $4,406.00 up to $6,000.00 but authorize a definite amount up to $2.000.00 for the project. Councilman Braswell seconded the motion and went on record as stating that the response of the people in the area was gratifying and meaning ful ato him, and the City should contribute an amount up to $2,000.00. Councilman Fanestiel asked for permission to discuss the proposal further - he suggested that the Council underwrite the deficit that does come out of the engineering feasibility study without naming a definite amount, and authorize the execution of a letter of intent with Turner, Collie & Braden so the firm can start immediately with the feasibility studies with the understanding that the City will underwrite any deficit which may remain. Since the Council had pledged its support of the project at former meetings, some felt that the greatest need at this time was the execution of the engineering contract, with the City guaranteeing payment of any deficit. Councilman Fanestiel then moved to authorize the City to underwrite the feasibility study up to a maximum of $2,000.00, and give a letter of intent to the Committee which will guarantee payment of any deficit. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravq Nays: None Discussion - Building Code Committee - Southern Building Code - F H A The Council discussed the recommendation submitted by the Building Code Committee regarding the adoption. on an interim basis. of a portion of the Southern Building Code and the Federal Housing Administration's minimum property standards for one and two living units. Councilman Braswell then moved to instruct the Administration to . have the two ordinances prepared for Council consideration at the next regular meeting, Councilman Kelley seconded the motion. The vote follows: Ayes: Councilman Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Discuss -- Southern Standard Housing Code The Council reviewed a draft of an ordinance which would establish minimum standards of use, occupancy and maintenance of dwellings and dwelling units. The adoption of such a code is necessiry for a workable program; it will upgrade living conditions and enhance the general health, safety and welfare of all residents and property owners of the community. City Manager Lanham pointed out.several items such as providing for a Building Official who will make inspections and carry out the terms of the ordinance; a Board of Adjustments and Appeals; requirement of Certificate of Occupancy; requirements regarding plumbing; and requirements for floor area. Some of the members of the Council had not had time to review the code and expressed a desire to delay action upon the proposed ordinance until sme study had been given. Councilman Ball moved to table further discussion until the briefing session, Wednesday. October 25th. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Consider Ward Road Crossing -- Southern Pacific Tracks Mr. Evans. Superintendent of Southern Pacific, appeared to discuss the City's request for permission to construct Ward Road across the Southern Pacific tracks. He was not familiar with the Railroad's request for the City to participate in paying a portion of the costs for street lights at railroad crossings in the City. He suggest- ed making a study of vapor street lights maintenance, rather than the proposal which was submitted. Mr. Evans stated that an easement across the tracks has been prepared by the Company and forwarded to the City.for acceptance and execution. Since the right- of-way will carry a heavy volume of traffic. it was the feeling of the Railroad Company that other people would be responsible for the safety on the crossings besides the Company - it felt that the City should make a contribution toward the purchase of crossing signalization equipment. The estimated cost for such installation is $11,044.00; the Company was asking for the City's participation in•the amount of fifty (50 %) per cent of the cost. Mr. Evans submitted a phamplet on the findings of the Interstate Commerce Commission on who is responsible for the payment of protection of the general public at grade crossings; they reported that this responsibility is not solely delegated to Railroad Companies. A greater number of the Council felt that the City should not make any monetary contribution for this signalization; how- ever, Councilmen Braswell and Walker felt that the City did hayve some responsibility. 4430 After some further discussion. Councilman Fanestiel moved that-the City not participate In the cost of the Ward Road signalization; the Railroad Company is expected to bear full cost of the signalization expenditure. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Mayor Cravey Nays: Councilmen Walker Hullum. Fanestiel and Kelley and Braswell Councilman Ball moved to defer action on the Southern Pacific's request concern- ing street lights; bring it up at the briefing session. Wednesday. October 25th. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker, Hullum. Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Approve Purchase Additional Furniture City Hall - Community Center The City Manager submitted a listing of additonal items which are needed to properly-equip the City Hall and Community Building. The items included trays and lids for steam tables, hood for stove. clothing.racks, ash trays, tables, chairs. fire G safety equipment, cash draws, telephone stand, stationery racks. room signs. floor mats and pot plants. Councilman Kelley moved to delete the pot plants and reduce the price of ash trays to $25.00 and approve remaining items on best bid.' Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Ordinance - Providing Constitution of City Insurance Association At the September 21st meeting, Councilman Ball gave the Council copies of an ordinance providing for the constitution of a City Insurance Association. He asked that the draft be given some study so that it could be discussed and adopted if the Council approved the provisions. At this meeting, as an item of unfinished business. Councilman Ball submitted a copy of the re -draft of the prior ordinance and pointed out the changes which have been made in Section 2: B -(1); B (3); Section 6; Section 7 by including, excluding contingent commissions. An amendment was made in Section 5 (a) to include except as provided in 5(B) at the close of the first sentence; also, amending Section 2: B. (1) to include a "grandfather cluase" Aged participating at-the time of adoption of this ordinance shall not be ex- cluded by this five year requirement. After some further discussion, Councilman Hullum moved to adopt the ordinance as amended including the grandfather clause. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 894 AN ORDINANCE PROVIDING FOR THE CONSTITUTION OF A CITY INSURANCE ASSOCIATION FOR THE CITY OF BAYTOWN. TEXAS, SUBJECT TO THE ANNUAL REVIEW AND GENERAL DIRECTION OF THE GOVERNMENT OF THE CITY OF BAYTOWN; PRE- SCRIBING MEMBERSHIP QUALIFICATIONS AND REQUIREMENTS, PROVIDING FOR GENERAL PROCEDURE OF ASSOCIATION OPERATIONS; EFFECTING INITIAL ORGANIZA- TION OF THE ASSOCIATION; PROVIDING A REPEALING CLUASE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Notify - Baytown Ready -Mix Take Corrective Measures - City File Suit Councilman Hullum referred to the polluted condition existing at the site of the Baytown Ready -Mix on Riggs Street and stressed the need of forcing the Company to take corrective measures to eliminate such pollution. Letters have been received from home owners in the area who have suffered in a monetary way from the operation of the Company and no appeal from the home - owners has been considered by the manage- ment. City Attorney Chandler gave two possible solutions; (1) to ask the company to correct its operations; or. (2) to file a suit in District Court asking that such operation be enjoined. After some discussion. Councilman Walker moved to instruct the City Manager to send them a letter stating that if some measures are not taken to rectify the situation within ten (10) days. the City will file suit. Councilman 4431 Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Insurance - Plate Glass City Hall and Community Buildina Mr. Lanham gave a report from Godfrey Insurance Agency on cost for comprehensive plate glass coverage on the City Hall and Community Building. The total premium for full Coverage on a three (3) year basis was $6.344.63. Coverage could be written on a cumulative deductible basis; the annual deductable would be $663.60 on City Hall - $605.33 on the Community Center, however, it was the recommendation of the Agent that the City be self- insured on plate glass breakage. Councilman Fanes- tiel favored accepting the recommendation and the City be self - insured, but it was agreed to continue with the binder coverage until the Insurance Committee has completed its study and submitted a recommendation. City Manager's Report The November 9th regular council meeting will begin at 5:00 o'clock p.m., rather than the usual time of 6:30 p.m. Councilman Ball moved to reduce the Building Code Committee to a membership of five (5), rather than the original number of seven. Councilmen Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Councilman Braswell moved to authorize the City Manager to forward a proposal of $100.00 per month rental fee to the State Highway Department for the use of the water offices in the old City Hall - this proposal to be based on a twenty (20) month period. .Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell and Fanestiel Map r Cravey Nab : Councilman Kelley • Councilman Ball excused from meeting. Councilman Walker moved to approve the reappointment of J. J. Bridges, Larry Hale and Bob Beverly as members of the Baytown Planning and Zoning Commission for the two ensuing years. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adiournment There being no further order of business, the motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. v.w Seaborn Cravey, Mayor ATTEST: Edna Oliver, City Clerk