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1970 03 26 CC Minutesr r r 4780 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN March 26, 1970 The City Council of the City of Baytown, Texas, met in regular session on Thursday, March 26, 1970 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted L. Kloesel Councilman David Evans Councilman Leonard W. Stasney Councilman Allen Cannon Lamar Kelley C. Glen Walker D. R. Voelkel W. R. Laughlin Edna Oliver Councilman Councilman Mayor City Manager City Attorney City Clerk Absent: Don M. HU11M Councilman The Mayor called the meeting to order and the Invocation was offered by Ralph Davidson, Minister of Music and Education, Central Baptist Church. He then called for the minutes of the special meeting on March 9, and the regular meeting on March 12, 1970. Councilman Stasney moved to approve the minutes of March 9 and March 12 as presented in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Approve - Raymond Cryer - Pest Control Commission Councilman Kloesel moved to approve the nomination of Raymond Cryer for mem- bership on the Baytown Pest Control Commission as recommended by the duly licensed pest control operators of Baytown. Councilman Stasney seconded the motion. The vote follows; Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Grant Request - Baytown Housing Authority Mrs. Miriam Turner, Executive Director of the Baytown Housing Authority, appeared before the Council and requested an amendment to a resolution adopted by the City Council on February 13, 1969 agreeing to assume the payment of a portion of the annual expenses of operating and maintaining two Community buildings to be con- structed by the Housing Authority. The resolution provided that the City would assume the obligation upon completion of the two buildings. At the present time the plans for the buildings are in the HUD office and the Housing Authority has received a portion of the funds to pay an architect for preliminary planning on the buildings. Bids will be soliciated within the next thirty days with completion date projected for Edison Courts Community Building as July 15, 1970; De Zavala Courts in December 1970. The School District returned its payment and these funds have been used to stimulate interest in the overall program by a Community Service Coordinator, however, funds for such an operation are slowly depleting and Mrs. Turner asked that the resolution be amended to allow the City to assume its payment prior to the completion of the two buildings. Fol- lowing some further discussion, Councilman Kloesel moved to instruct the legal depart- ment to prepare an amendment to grant the request of the Baytown Housing Authority. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays; None Open Public Hearing - Benefits of Assessments Paving Ward Road-Highway 146 to Kilgore Mayor Walker opened the public hearing on benefits of assessment for paving improvements on Ware Road from Highway 146 to Kilgore Road and asked Don Cheatham, Acting City Attorney, to conduct the proceedings at which time the following appeared and testified substantially as follows, to -wit: 4781 Minutes, March 26, 1970 A. J. BUSCH, of Busch Engineering Company, the City's Engineer, explained the general type, nature and extent of the improvement proposed to be constructed under this project, same being generally a reinforced concrete pavement 7 inches in thickness with concrete curbs and gutters, the pavement to be 49 feet in width from back of curb to back of curb, together with storm sewers and appurtenances. SHORTY THARP, in response to questions from the City Attorney, testified that he was a resident of Baytown engaged in the real estate business for over 7 years in said City, and in connection wherewith has become familiar and acquainted with real estate values generally in said City and parti- cularly with the various properties abutting upon the portion of Ward Road to be improved under this project; that he is familiar with the general nature and type of the improvements to be constructed by the City and with the proposed rates of assessment to be charged against said abutting properties as set out in the published notice of this hearing; THAT, in his opinion, if said improvements are constructed as proposed by the City, each and all of the properties abutting upon a portion of Ward Road to be so improved will be specially benefited in enhancement in value as a result of the construction of such improve- ment, and that in each instance the amount of such enhancement in value will be an amount equal to or in excess of $8.71 per front foot, which is the amount proposed to be charged against such properties and the owners thereof, except however as to the following properties: Those fronting on the North side of said street and being in the Bowie sub- division, Sections One, Two, and Three, the Eva Maud Subdivision, Sec- tions One, Two, and Three, and the properties fronting on the South side of said street in the Milbydale Annex Number Five Subdivision, all of which properties are restricted to residential use and side upon said street, and as to which properties the special benefits and en- hancement in value will amount to 60% of the proposed assessment or at the rate of $5.23 per front foot; and those properties abutting on the South side of said street and being in the Milbydale Subdivision, Section One, and which properties are restricted to residential use and have the back or rear of such property abutting upon said street and that as to such back abutting properties the special benefits re- sulting from such improvements will amount to 40% of the proposed amount of assessment or at the rate of $3.48 per front foot. JAMES NAP, the owner of property on the North side of said street 2502 Ward Road formerly owned by A. R. McNeill, stated that in his opinion his property would not be benefited in any extent by the construction of the proposed improvement. WILLIAM D. DARLING, an attorney representing J. D. Parish, Jr., owner of property at 1600 Gillette Drive, in the Eva Maud Subdivision, stated that this pro- perty was restricted to residential use and that the construction of the improvements would not increase the value or benefit this property and that the increased traffic on the street resulting from the im- provements would decrease its value as residential property. R. J. WALKER, the owner of property at 1106 Ward Road, stated that his property fronts on the Street and he didn't think he should be assessed 100% of the pro- posed rate while property across the Street from him is assessed only at 60% as both properties were looking forward to commercial use. J. D. WHITE, the owner of property situated at the corner of Ward Road and Narcille, stated that because of the future curtailment of parking on the Street and the noise from additional traffic and truck use that his property would not be benefited by the construction of the improvements. CHESTER S. BRANTLEY, the owner of Lot 112, Block 5 of Eva Maud Subdivision, Section Two stated that in his opinion his property would not be benefited by the improvements as such paving would cause too much traffic on the Street and the same will become a speedway. R. L. CRAME R, the owner of property described at Lot 1, Block 3, Milbydale Annex Number Five, stated that there was a 20 foot easement on his property and inquired whether this area would be included in,his assessment and was informed that it would be so included. LESTER TAYLOR, the owner of a tract of land at 1503 Ward Road, inquired about the location of the curb and gutter and stated that he had donated the right -of -way to the4City for widening the Street and that he did not think he should be charged for the improving of the Street. Minutes, March 26, 1970 4782 ROBERT L. PARKER, the owner of property located at Ward Road and Richardson, stated that he would not understand how his property would be benefited from the construction of the improvements. STANLEY SEBESTA, the owner of property at 2408 Ward Road, stated that he did not under- stand how his property was classified as commercial property and that it would not be benefited by the improvements. GEORGE F. SPANGLER, the owner of property located in the Eva Maude Subdivision, Section Two, stated that he did not think his property would be benefited by the construction of the improvements but on the contrary that same would be decreased in value. After giving all interested persons an opportunity to be heard, the Mayor asked for a motion to recess the hearing for fifteen minutes to permit the material to be compiled before concluding the hearing. Councilman Kloesel moved to recess the hearing. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Following the fifteen minute caucas, Mayor Walker called the meeting back into session and stated that the hearing was on the amount of the assessments, value of enhancement to the properties and not whether or not the Street will be im- proved as proposed. In order to make a determination for the values which will be assessed an ordinance must be prepared, and adopted, outlining the decision of the Council. This will require time. He asked for a motion that this hearing be closed and that the Council reconvene at some appropriate time for this decision. Councilman Evans moved to close the hearing and take under advisement all the statements which were presented here tonight and the Council reconvene Monday, March 30 at 7:00 p.m. to finalize its decision and adopt an ordinance as to the special benefits. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Study Priority List - 1970 Bond Issue Mayor Walker stated that it is necessary for the Council to set a time table for the 1970 Bond Issue. He suggested that the Council plan to study in detail Monday night and, if possible, make a determination on the time table which the Council will follow on priority listing for carrying out the various propositions approved by the voters and included in the bond proposal. Adjourn There being no further business to come before the Council, Councilman Kelley moved that the meeting adjourn. Councilman Stasney seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ��. /� , T) ATTEST: Edna Oliver, City Clerk APPROVED- William R. Laughlin, City Attorne