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1961 07 27 CC Minutes1634 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 27, 1961 The City Council of the City of Baytown, Texas met in regular session on Thursday, July 27, 1961 at 7:00 o'clock PA. in-the Council Room of the Baytown City Hall with the following members in attendance: Seaborn Cravey Councilman W. L. Ward Councilman C. A. Hansen Councilman Velma J. Ansley Councilman R. H. Hughes Councilman James M. Bryan Councilman Al Clayton Mayor J. B. LeFevre City Manager George Chandler City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered by Councilman Bryan, afterwhich, the City Clerk was instructed to read the minutes of the July 13th regular meeting. Councilman Ansley moved to amend the minutes as follows: "Insurance Committee: A meeting of the committee was set for 6:00 o'clock p.m., Tuesday, July 25th," and with this correction they be approved as presented. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan Mayor Clayton Nays: None [fir. Von Zuben - Texas State-Health Department - Federal Aid Program Mr. F. J. Von Zuben of the Texas State Health Department, appeared at the invitation of the City Attorney, to explain the procedural ramificatidns..of ob- taining financial assistance from the federal government for capital improvements to the City of Baytown, and answer any questions the Council may present pertain- ing to adoption of such a program. By way of introduction and to give a brief. background of the fedeal aid program, Mr. Von Zuben stated that in 1954, Congress made a study of the problems confronting larger cities which had not been planned and the enormous cost, both local and ."federal, required to straighten out the ex- isting problems. As a result of the study, legislation was enacted as a kind of defense mechanism, with an idea of starting with a city when it is small, make the proper plans and then as it grows. making progressive development at less cost to the city and federal government. At that time a city of 25,000 population' or less could receive a planning grant to assist it in the development of a com- prehensive plan. This was made available to states that enacted legislation desig- nating a state planning agency to administer the program. In 1957, the Texas legis- lature designated the State Department of Health as the state planning agency to administer this pnogram. Since that date, the Department of Health has been, or is, in the process of completing the Comprehensive Planning Program in fifty (50) cities throughout the state. Comprehensive Planning means certain base studies, such as, (a) economics, (b) land use. (c) thoroughfares, (d) community facilities. (e) capital improvements, (f) zoning and (g) subdivision development controls. He admitted that the plan has its limitations, however, it is a guide to help a city in its development over a period of twenty (20) years. Presently a two - thirds grant is available to a city from the federal government and should the city decide to go into such a program. it could be star.tedin 60 to 90 days and completed with- in two years. If the Council is interested in developing a comprehenseve plan, a letter will be written to Mr. Von Zuben stating that Baytown is interested and wants to take advantage of the planning assistance program; Mr. Von Zuben will answer by informing the Council to select a consultant of its choice to do this work; the selection is to be made from an approved list of some forty (40) firms; authorite the state planning agency to enter into discussions with the approved consultant for the preparation of an application for the Mayor to execute and sub- mit to the office of the agency; this office will process the application then send to the Housing and Home Financing Agency, Regional Office, Fort Worth; when 1635 they indicate their approval, the state processing agency will prepare a three - party contract of the preliminary plans which must be signed by the City, the Planning Consultant and by the State Planning Agency, then, and only then, will it become a binding agreement. This agreement states what the planner is going to do, what he is going to charge for it and when he is going to do the work; a work schedule is prepared and a portion of the federal aid money and a portion of the City's money will go into an escrow fund set up in Austin. As the planner coalietes the plans to the satisfaction of the City and the Planning Agency,:the agency will prepare a voucher asking for an interim payment which will be sent to Baytown for the Mayor's signature. By signing the voucher, the Mayor is saying that up to this point the City is pleased with all of the work done by the Planner and the agency is authorized to check the money out of the escrow account. As the plan developes, the Planner will prepare and publish an interim report on each major phase of the plan; this report is to be highly detailed with limited copies pri- marily for the use of the City in effectuating this plan. The project will be re- ferred to in the office of the Planning Agency as the Baytown Plan and no represen- tative of the federal government will at any time be in the Austin office to usurp authority because of the federal grant. A referendum is not required for a Compre- hensive Paln or a Community Renewal Plan, but should a city go into the Urban Re- newal Program, a referendum would be required. Community Renewal is a study of the housing situation which may lead to Urban Renewal, both of which receive a two - thirds federal aid grant. The Texas State Department of Health is the State agency for Comprehensive Planning but not for Community or Urban Renewal Programs. Comprehensive- Planning makes provision for housing improvement on a limited scale but Community and Urban Renewal Programs arelasically predicated on housing. Pay- ments of the City's cost of a Comprehensive Plan may be extended over two budget years and the plan does not have to be developed in its entirety within a two -year period but .it can be done progressively and extend over a much longer period. Mr. Von Zuben suggested that, if interested, the City start with the Comprehensive Plan, later pick up the Community Renewal Program and finally the Urban Renewal, all of which will extend over a number of years. During the presentation, Mr. Von Zuben was interrppted by questions from the Council, such as, cost per capita, aerial survey, thoroughfares, length of interim before reviewing plans, the cost of the' review, etc. Councilman Bryan voiced his objections to resorting to federal aid and stated that it was his opinion that the cost of capital improvements for Baytown should be borne by the people of Baytown rather than going to the Federal Government for a hand -out. He concluded his remarks by stating that he for one would oppose any type plans for Comprehensive, Community or Urban Renewal Programs for Baytown. After some further comments, Councilman Ward moved to instruct the administration to immediately take the necessary steps required to make applica- tion for participation in the Comprehensive Planning Program for Baytown including an aerial survey. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen. Ansley and Hughes Mayor Clayton Nays: Councilman Bryan The Council extended its thanks to Mr. Von Zuben for his valuable and inter- esting presentation: He graciously acknowledged the thanks and promised to send Mr. LeFevre a listing of the approved consultants as soon as he arrived back in Austin. Adoption of Master Plan for Streets and Thoroughfares City Engineer Busch reviewed a detailed map of roads, streets and highways in and around Baytown and urged the Council to adopt a master plan, as it would greatly benefit the State Highway Department in its planning, aid the City in its subdivision planning and aid the Police Department in establishing rights -of -way in its signalization and channelization controls. He enumerated the twenty (20) streets.listed by the Advisory Board namely: Garth Road, North Pruett, North and South Commerce, Fourth Street, Bowie Drive, Danubina Street, East Kayle, Davis - Ward Road, James Street, Cedar Bayou Road, East Texas Avenue extension, Massey - Tompkins Road, Market Street, Grantham and Pamela Streets, Narcille Drive, Kilgore and Cedar Bayou Roads improved from Bayou Drive to Highway 146, Briarwood Drive, and bridge or bridges crossing Cedar Bayou between junction of 146 and Alexander on South and Spur 201 and Highway 146 on North, and asked for any additions. West Texas from Thomas Circle to Airhart Drive was added and from the priority list submitted by the Advisory Board at the July 13 meeting, Gulf Street, Lynchburg 1636 Road, Seventh Street, Sterling Street, Bob Smith Road and West Main Street were also included as recommendations for major improvement projects, After some fur- ther discussion, Councilman Hansen moved to adopt the master plan of thoroughfate and street improvements recommended by the Baytown Advisory Board and amended by the City Manager and City Engineer. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Ansley, Hansen, Hughes and Bryan Mayor Clayton Nays: None Cost Estimates Requested - Priority Program Councilman Ward suggested that the Council continue its discussion of street improvements as a promise has been made to the people of the improvement of thorough- fares and neighborhood streets. He recommended that the Council take immediate action by planning a program, setting priorities and then possibly submitting its recommendations to the people under a bond program. Mayor Clayton stated that he felt the timing was not right for a bond program as it should correlate with new highway projects in and around Baytown. Councilman Hansen proposed that cost esti- mates be prepared by the City Engineer on the entire approved plan; the Council can then look at the estimates and select the streets as individual units for improve- ments: Councilman Ansley suggested that the Council first consider the cross streets. City Engineer Busch pointed out that in some of the streets designated as thorough- fares, it will be necessary to negotiate for rights -of -way; this will require funds which the City does not have at the present time. Councilman Hughes suggested that the streets designated as thoroughfares be improved in their present form, then the Council can look at the proposed extensions and improvements at a later date. After some further discussion, the City Engineer and City Manager were instructed to re- view the street listing and select those that they consider the most important and prepare preliminary cost estimates on each project for presentation at the next reg- ular Council meeting. In the meantime, the City Manager and City Attorney are to make a study of the policies of other cities relative to improvement of thoroughfares and neighborhood streets, the type ordinances to be used to carry out the street improvement program, participation percentage requirements and other ramifications stipulated to effectively promote a thoroughfare and neighborhood street improve- ment program. These findings will be prepared in brief form-and-submitted to the Council as a procedure manual or guide to -use in effecting the long -range street improvement program as adopted. The City Engineer will reproduce the approved master plan map in order $r the Council to have individual copies to refer to in its study. Request Water Service Line - Commercial Enterprise - Outside City Limits(c -- rfi ' ��r✓)640 Mr. LeFevre explained that he had received a request from owner of a commer- cial enterprise, facing Highway 146 and lying outside the city limits, for a 2 -inch water main extension to service the place of business. Presently a one and one -half inch main, installed by Water District No.-30, is being used to service residents within the area but the commercial enterprise is a washateria and the present line is too small to properly serve the residents and the place of business. Heretofore,, the past administrations have not served a residence or business outside the city limits without requiring them to pay for materials required to make any requested extension. Should the Council approve the extension,. City Manager LeFevre said it would be his recommendation that a 6 -inch water main be extended to McKinney Road as the administration has this included in its long -range water distribution improvement program.. Councilman Hansen asked if he wanted to annex the property in question if such extension was made, but Mr. LeFevre declined. It was his recommendation, however, that if the extension is approved, the owner be required to bear the material costs for a two -inch water main to his property. It was pointed out that the meter will cost $300 and the line $175, a total of $475.00. An estimated cost of $1,200 was submitted for the extension of the 6 -inch water main. After some discussion, Mayor Clayton asked Mr. Hatchett if he would be willing to pay $100.00, $300 for meter and $100.00 on the cost of materials if the -' Council would approve the installation of a larger water main. City Manager Le- Fevre stated that this was parallel with other projects in which the city has participated; when a subdivider proposes-to lay a 6 -inch water main in his subdi- vision, the city personnel foreseeing future development which will require more water, propode to lay a larger line and the city pay the difference in cost between the line proposed by the subdivider and the one proposed by the City. Councilman 1637 Bryan then suggested that Mr. Hatchett pay the first estimate of $475.00, the City will then replace the one and one -half inch line with a 6 -inch water main and bear the difference in oost'between the 2 -inch proposed line and the 6 -inch approved main. Since this will be a policy which the Council can use with future problems of similar nature, Councilman Hansen moved to approve the suggestion of Councilman Bryan, the owner, Mr. F. Hatchett to pay a total of $475.00, $300 for meter and $175 for the 2 -inch water main and the City will install a 6 -inch water main to McKinney Road and assume the difference in cost between the 2 -inch and 6 -inch water main. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward,_ Ansley, Hansen, Bryan and Hughes Mayor Clayton Nays: None Committee Reports Councilman hard reported that the Plumbing Ordinance Committee has agreed to incorporate, in any proposed plumbing ordinance, a requirement for pressure and temperature relief valves on all water heaters installed within the City of Baytown. The Insurance Committee has made a preliminary study of the City's insurance coverage and it is agreed that 'the committee will recommend deviating insurance for the City. The committee will meet again on Tuesday, July 29th, 6:00 o'clock p.m. at the City Hall. The Industrial Attraction Committee will have a dinner meeting at the Tower on Thursday, August 3, 6:00 o'clok p.m. Members of the City Council, the City Manager and a representative of the Chamber of Commerce are invited to attend the dinner and hear the progress report. Councilman Cravey reported that members of the Audit Committee will meet at the City Hall on Monday, July 27, at 5:00 o'clock p.m. Councilman Hansen reported that members of the Municipal Economics Committee will meet at 5:00 o'clock p.m,, Tuesday, July 28th in the Council Chamber 'of the City Hall. Resolutions The City Manager introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND ($3,000.00) DOLLARS FROM WATER FUND BUDGET ITEM 1003 -1 -2 TO BUDGET CLASSIFICATION 1001 -6 -11. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: THAT the City Council of the City of Baytown, Texas, hereby resolves that the City Manager be authorized to transfer Three Thousand ($3,000.00) Dollars from Water Fund Budget Item 1003 -1 -2 (Salaries) to Budget Classifi- cation 1001 -6 -11 (Light & Power). INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 27th day of July, A.D., 1961. Isl Al Clayton Al Clayton, Mayor ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Ward moved to adopt the resolution as read. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilman Cravey, Ward, Hansen, Ansley, Hughes, Bryan Mayor Clayton Nays: None 1638 The City Manager introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND FOUR HUNDRED FIFTY ($3,950.00) DOLLARS FROM GENERAL FUND BUDGET ITEM 301 -6 -11 TO BUDGET CLASSIFICATIONS 107 -6 -1 AND 107 -6 -11. BE IT RESOLVED BY-THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City 'of Baytown, Texas, hereby resolves that the City Manager be authorized to transfer Three Thousand Four Hundred Fifty ($3,950.00) Dollrs from Budget Item 301 -6 -11 to the following classi- fications, to -wit: Classification 107 - -6 -1 $ 1,200.00 Communications Classification 107 -6 -11 2.250.00 Light & Power Total $ 3,450.00 INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 27th day of July, A. D., 1961. /s/ Al Clayton Al Clayton, Mayor ATTEST: Lsl Edna Oliver Edna Oliver, City Clerk Councilman Cravey moved to adopt the resolution as read. Councilman Hughes seconded the motion. The vote follows: Ayes: Councilmen Cravey, Mayor Clayton Nays: None Items of unfinished Business Ward, Hansen, Ansley, Hughes and Bryan. Item 2: The City Manager reported that he had received a cost estimate of $650.00 each for the two city signs which were approved at the July 13 meeting. Councilman Hughes moved` to accept the cost estimate of $1,300 for the two signs and authorized the City Manager to make the necessary transfer resolution for construction of the two signs. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan Mayor Clayton Nays: None Item 6: City Manager LeFevre reported that the City Attorney had prepared an instrument which he had presented to three of the five property owners whose property abuts Jones Road, off Kilgore Road, granting the Harris County Flood Con- trol permission to clean out the ditch. Each property owner wanted certain speci- fications included in the instrument consequently he has not had anyone to sign an instrument. He will continue negotiations, however. Items 7 & 8: The City Manager will transmit information to the State High- way Department and Commissioners Court on the action of the Council in accepting the master street plan for the City of Baytown and surrounding areas. Copies of the map will be forwarded to Mr. Carmichael, Texas Highway Department and V. V. Ramsey, County Commissioner upon the completion and printing of map. Item 5: Councilman Hansen reported that action will be delayed on redis- tricting as the lettervhiah was written to to Federal Bureau Census office on figures of the last census report has been referred to another office. 1639 Lights - Fogging Machine The Mayor asked that a red light, revolving light or siren be installed on the fogging machine as a safety measure. Merchants - City's Parking Lot - Preliminary Proposal The City Manager reported that a proposal, inthe preliminary stage, has been submitted to him by the merchants on Nest Texas Avenue regarding the City'.s parking lot located between West Texas and West Pearce Avenues. They are present- ly studying the feasibility of providing free parking for their customers. A rep= resentative had asked him to submit a monthly estimate.of cost, which will be paid by the merchants, the parking meters will be removed and the merchants will adver- tise it as a free parking lot for their customers. Mr. LeFevre told the Council that he did not discuss any terms with the association's representative as he did not know the feelings of the Council in the matter. The City has $3,500 invested in the parking lot, plus the parking meters which could be removed and used else- where as replacements become necessary, plus a $300 yearly lease rental. He asked the Council to give this some study as it is possible that they will be asked to make the Merchant's Association a proposition at the next regular meeting. Hansen - Parks and Recreational Facilities Councilman Hansen asked the Council to give some studyt6xisting need of additional parks and recreational facilities within the city as pointed out by the Baytown Advisory Board in its May 31st report and some thought to ways and means of acquiring these-grounds and recreational facilities. Councilman Ansley suggested that a subdivider be required to allocate acreage as a park site at the time the subdivision is in its preliminary planning. Too, it was suggested that the Advisory Board be asked to study ways and means of providing these sites and facilities and possibly submit recommendations. Councilman Hansen stressed that the Council continue study in conjunction with any study the Advisory Board may make at this time. Curb and Gutter Assessment Policy ( Councilman Hansen suggested that the Council adopt a policy on forced assessments for curb and gutter when the City is improving a street and property owners fail to enter into negotiations for such improvement, He mentioned the condition presently existing on Clayton Drive, where the City was forced to dis- continue negotiations with the Casey heirs for their pro rata share of curb and gutter due to the death of the Administrator of the Estate, Drouitt Casey. The street has been improved but that portion of the property belonging to the Casey heirs was not curbed and guttered, thus leaving a gap which will bring about early deterioration of the street base. The City Attorney stated that the City can do nothing about Clayton Drive now as hearings must be held in advance, a 90 day wait- ing period is required and work must be done under contract rather than by City crews as was used on Clayton Drive, however, he agreed that, if a policy is adopt- ed, the City can put in the curb and gutter on future street maintenance projects and the property owner be forced to pay for his pro-rata share of curb and gutter. The Council discussed the feasibility of adopting an ordinance naming all streets and as a job is projected, the ordinance will be amended to name the street in question, but this was thought to be too cumbersome. Councilman Ward moved that the City adopt the policy of reviewing the cases where curbs and gutters are re- quired for proper street improvement and the property owners have refused to par- ticipate in their share of the cost; each street will be reviewed on the basis of its justification and the Council will make its decision accordingly. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan Mayor Clayton Nays: None The City Manager was asked to make a study of the need of curb and gutter on Park Street where the City has recently installed additional sanitary sewer laterals. Fire Prevention and Engineering Bureau Report The Council discussed the report of the Fire Prevention and Engineering Bureau, copies of which were given to each Councilman for study. Councilman Hansen 1640 stated that he had read the report but would like an opinion from the City Manager and Fire Chief. Councilman Cravey stated that he thought this report had been made, and some of the water distribution improvements, recently proposed, were a part of this report. Mr. LeFevre agreed that their suggestions were included in the water distribution program but he opposed moving the fire station, as suggested, as the State Insurance Commission opposed this move. He pointed out some other items of difference and will complete his study and give the Council a complete report. Regulation of Traffic - Stop Sians The City Manager was instructed to investigate the placing of Stop signs; the policy that is used by the,Police Department in justifying the installation' and other relating data after Councilman Ward reported that he has noticed an, increase of Stop sign installations at residential street intersections which tend to create rather than eliminate a traffic hazard. Investiaate - Complaint - Dumping Waste Oil - Goose Creek Stream City Sanitarian Muennink was instructed to investigate a complaint made against Gray Oil Company for pumping waster oil and dumping garbage in Goose Creek Stream. Adiournment Councilman Ansley moved that the meeting be adjourned. Councilman Cravey seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST:: n d Ai L" iv Edna Oliver, City Clerk Al Clayton, or a N