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1965 01 14 CC Minutes2099 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 14. 1965 The City Council of the City of Baytown. Texas met in regular session on Thursday. January 14. 1%5 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: J. R. Barnes Councilman David C. Clark Councilman Kenneth E. Badgett Councilman Seaborn. Cravey Councilman M. E. Lively Councilman J. C. Huron Mayor Pro Tem Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: C. L. Liggett Mayor Mayor Pro Tem Huron called the meeting to order. the Invocation was which he called for the minutes of the December 22nd meeting. Councilman to dispense with reading of the minutes; they be approved as submitted in Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Barnes. Clark, Badgett. Cravey and Lively Mayor Pro Tem Huron Nays: None Petition - Sanitary Sewer Problem - South Circle Drive City Manager Lanham property owners on South action to repair the main to eliminate an existing Jack Morton, Director of and learned that there ar months to eliminate the s It is his opinion that th This would involve an exc of sewer main, at an appr Councilman Badgett moved expedite the project. Co offered after - Badgett moved written form. introduced and read a petition, signed by twenty -nine (29) Circle Drive, requesting the City Council to take immediate sanitary sewer line which lies beneath the street in order sanitary sewage problem which has existed for several months. Public Works, reported that he had checked with his personnel e two locations which must be serviced about every three (3) eepage and offensive odors resulting from such conditions. Is is due to sagging lines which soaks up at that point. avation of some 8 or 9 feet. replacing some 10 or 15 -feet oximate cost of $400.00 for labor, materials and equipment. to authorize the expenditure; to instruct the City Manager to uncilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes. Clark, Badgett. Cravey and Lively Mayor Pro Tem Huron Nays: None Continuation Hearina - On- Premise Beer License Sportsman's Lounge Mayor Pro Tem Huron resumed the hearing on the request of Lynn J. Lenamond for an On-Premise Beer license at 1812 North Main Street - The Sportsman's Lounge. At the December 22nd meeting, the request was tabled for further council study and was to be resolved at this meeting. Mayor Pro Tem Huron gave the proponents and opponents time to restate their reasons for favoring or opposing the granting of such a license; this was done in order to acquaint members of the Council who were absent at the December 22nd meeting. Roscoe Zierlein, local attorney. was spokesman for Mr. Antle. owner of the 7 property in question and stated in his opinion this was reopening of the old problem of * and dry elections. Under law, this is recognized as a legitimate business and to deprive a man of his livihood was unfair because the property and present owner are being penalized by the action of the past owner. During the two months that Mr. Lenamond was operating the place of business for the owner, Mr. Plowden, he made calls to the police department in order to prevent disturbances which arise from time to time In the operation of this type business. After Mr. Zierlein was seated, Mayor Pro Tem Huron heard S. T. Taylor. Mr. & Mrs. Davis T. Taylor and Mrs. E. A. Kirk, residents living 111 near the lounge and opposin g the issuance of a beer license. After some time, the hearing was declared closed by Mayor Pro Tem Huron; Councilman Lively moved to deny the request of Lynn J. Lenamond for an on- premise beer license at the Sportsman's Lounge, 1812 North Main Street. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes,. and Lively Mayor Pro Tem Huron Nays: Councilmen Clark, Badgett and Cravey Committee Reports Councilman Cravey gave a report of the work-being done in Committee for the revision of the City's present Wrecker Ordinance. It does not have a concrete recommendation at this time as additional planning is necessary to cover the many facets under study. Some of the revisions proposed are: (D-driver of wrecker must live in city limits; (2) driver must be licensed; (3) wrecker must be kept in city limits; (4) safety record for driver from Police Department; (5) set a maximum number of wreckers licensed based on public need; (6) get transcript of driver's record from Department of Safety. Austin; and (7) trying to present a workable solution to eliminate all wreckers but one at the scene of any accident. The revisions will be drafted in an ordinance, these will be reviewed by the Council, members of the Traffic Committee and the Wrecker operators before final disposition is made of the proposed ordinance. Reguest - M. J. Krizak - Extend Garage Four Feet into a Utility Easement City Manager Lanham reported that the attorney representing M. J. Krizak had called earlier in the afternoon and asked that the request of Mr. M. J. Krizak for permission to extend a garage four (9) feet into a utility easement be stricken from the agenda to be considered by the Council at this meeting. Upon investigation, it was learned that Mr. Krizak had poured the slab for the garage, this slab extends into the easement. Councilman Lively moved to deny the request of Mr. Krizak for the 9 -foot extension and he be instructed to tear out and removed the slab which has been poured without the Council's approval. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett. Cravey and Lively Mayor Pro Tem Huron Nays: None The City Manager was instructed to have the City Attorney contact the owner of a 6 -foot wood fence at 509 Bowie Street and inform him that he is in violation by the extension of this fence across a sidewalk and is requested to have same removed imme- diately. Proposal - Missouri Pacific Railroad Company Crossing on Baker Road City Attorney Chandler introduced Mr. Slier, executive assistant of the Missouri Pacific Railroad Company who had met with the Council to discuss the railroad crossing on Baker Road. The Council had requested the installation of a flashing light signal. Mr. Slier explained the procedures outlined by the company in determing the need for such a light. Each railroad crossing receives a certain classification in the overall plan and recommendations for greater precautionary measures by the company are delegated to a committee composed of operational officers, claim agents and safety engineers. If the Committee recommends the expenditure of funds for flashing signal lights at any crossing it is then given hazard rating and the Signal Engineers are requested to com- plete the investigation based on train movement, speed of vehicle and train traffic, time of day peak period for train and vehicular traffic, sight distance and obstructions involved as each installation costs the company between $8,000 and $10,000. The Baker Road crossing has been evaluated by the Company and it does not fall into a hazard rating. In his opinion an improvement could be made at the crossing at much less cost to the Company by the installation of new standard railroad approach signals on both sides of the crossing by the Railroad Company and the City install standard Yield right of way signs as an additional precautionary measure. After some further discussion, Councilman Lively moved to accept the recommendation of Mr. Slier for the installation of two new standardized railroad crossing signs, one on each side, with the City in- stalling Yield signs on either side as an additional precautionary measure. Councilman Cravey seconded the motion. The vote follows: 3001 Roll Call: Mayor Pro as an additional the Company for Ayes: Councilmen Barnes. Clark. Badgett, Cravey and Lively. Mayor Pro Tem Huron Nays: None Tem Huron suggested that a vapor light be installed at this crossing safety measure. This will be referred to the Safety Engineers of study before a commitment is made by them. Consider Adoption of Master Thoroughfare Plan City Manager Lanham introduced a map of the Baytown Comprehensive Major Thorough- fare Plan prepared by Bernard Johnson, Engineers of Houston and adopted by the Baytown Planning Commission on December 2. 1964. The classification of streets indicated Included existing major thoroughfares, proposed major thoroughfares, existing collector streets, proposed collector streets.' existing freeway, proposed freeway, existing grade separation, proposed grade separation, existing interchange and proposed interchange. Councilman Lively moved to adopt the Major thoroughfare Plan as prepared by Bernard Johnson. Engineers. Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Ordinance - Social Security - Firemen and Policemen Councilman Lively moved to adopt an ordinance authorizing the City Manager to act on behalf of the City of Baytown to extend Social Security coverage to all firemen and policemen of the -City of Baytown pursuant to agreements with the State Department of Public Welfare for Federal Old -Age and Survivors Insurance Benefits. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark. Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None. The Caption of the ordinance follows: ORDINANCE NO. 735 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF BAYTOIM AND TO EXECUTE ALL INSTRUMENTS NECESSARY TO EXTEND SOCIAL SECURITY COVERAGE FOR ALL POLICEMEN AND FIREMEN OF THE CITY OF BAY TOWN PURSUANT TO AGREEMENTS WITH THE STATE DEPARTMENT OF PUBLIC WELFARE FOR FEDERAL OLD -AGE AND SURVIVORS INSURANCE BENEFITS UNDER THE PRO- VISIONS OF APPLICABLE STATE AND FEDERAL LAWS; DIRECTING THE DIRECTOR OF FINANCE TO MAKE SUCH ADDITIONAL OR SUPPLEMENTARY ASSESSMENTS, COLLEC- TIONS AND REPORTS AS MAY BE NECESSARY TO PROVIDE .COVERAGE FOR POLICEMEN AND FIREMEN; ORDERING THE ALLOCATION AND SETTING ASIDE IN THE REGULAR CITY DEPOSITORY IN THE FUND KNOWN AS THE CITY OF BAYTOWN SOCIAL SECURITY FUND OF SUCH ADDITIONAL MONEY FROM AVAILABLE FUNDS AS MAY BE NECESSARY TO PRO- VIDE SOCIAL SECURITY COVERAGE FOR ALL POLICEMEN AND FIREMEN; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PRO-. VIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Ordinance - Regulating Display of Merchandise on Public Property Councilman Lively moved to adopt an ordinance regulating the display of merchandise on sidewalks, in streets or alleys 1 n the City of Baytown and providing for the manner In which the encumberance shall be removed. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes. Clark, Badgett, Cravey, and Lively Mayor Pro Tem Huron Nays: None The caption of the ordinance follows: 1 3002 ORDINANCE NO. 736 AN ORDINANCE PROHIBITING ANY PERSON FROM OBSTRUCTING, ENCUMBERING OR ENCROACHING UPON ANY OF THE PUBLIC RIGHTS OF WAY OF THE CITY OF BAYTOWN; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ORDINANCES INCONSISTENT HEREWITH; OON- TAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS AND PRO- VIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Goodhousekeepino Proposal for Baytown Councilman Barnes submitted a proposal for good housekeeping throughout the City of Baytown without spending very little, if any, money since it was chiefly a matter of attitudes. He proposed that each elected official make a.tour of Baytown in this manner; one elected official will be designed each week to take a tour with the City Manager and one or more department heads and survey the entire city. The tour may be limited to two or three hours; they will look carefully at the area, record the items that should be cleaned up and follow through to see that the job is completed. He cited several cases where corrections could have been made with no cost to the city and the house- keeping would have been greatly improved. The Council favored the proposal so Councilman Barnes moved to promote the weekly tour to properly expedite the housekeeping function of the City . Councilman.Badgett seconded the motion. The vote.follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Request - Lewis G Coker Water Collection Station - Bayway Drive City Manger Lanham informed the Council that he had received a request from Lewis G Coker, a Super Market on Bayway Drive to designate the store as a collection agency. for water.bills. When the Wooster water office was closed. the City had sought to find some business firm in the Wooster area as a collection station and Adams Hardware was the only business firm making application for the designation. Mr. Adams has indicated that there would not be enough business for both collection stations and he would no longer desire to provide this service should Lewis G Coker be designated a collection station. The Council expressed a desire to leave the collection station' with Mr. Adams whereupon Councilman Lively moved to leave the collection station at Adams Hardware. Councilmen Cravey seconded the motion. The vote follows: Ayes: Councilman Barnes. Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Street Lighting Policy - Front of Churches The Council discussed the past policy of the City to place mercury vapor lights in front of all churches in the City. The City Manager had asked the Council for a firm policy; placing mercury vapor lights in front of churches or determine the basis of location of the church in relation to a heavily traveled street. Councilman Cravey moved to give fair consideration and place a light in front of each church after con- ference with a Houston Lighting and Power expert; light to be installed based upon need. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Barnes. Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None — Ferry Road Paving Proiect - Discuss At the last council meeting, the council discussed the matter of raising the elevation of Ferry Road and the City Manager was instructed to confer with County Commissioner 3003 Ramsey relative to putting a fill on the bridge and raising the elevation of the bridge. It was learned that the bridge was constructed to handle a capacity of twelve (12) tons and the fill which was proposed would weigh eighteen (18) tons. Mr. Lanham recommended that the elevation of Ferry,Road be raised to the level of the bridge and that no material b e placed on the bridge. After discussing the feasibility of increasing the elevation of the road to the bridge level, it was agreed to accept the recommendation of the City Manager and raise the elevation of the road to the level of the bridge only. Water Service Three Customers - Decker Drive - Discussion Once again the Council discussed the request of Mr. Worley for water extension to serve Radio Station KWBA. The station is now served by a private line connected the the City water main in the Criomont Subdivision. The station serves two other customers from the same line but only one meter is set for the service. Mr. Worley proposed to dedicate an easeipent to the City, the City replace the present service line which is in a state of disrepair and set three meters to serve the three now being serviced by the one line. The Director of Public Works estimated a cost.of $300.00 for a 2 -inch water line to replace the existing line. This would be brought to the owner's property line; each customer would be responsible for extending his service line to meet this connection. After discussing the many facets such as past practice of the City, future need of the proposed easement, Citizens Water Study Committee projected long range improvement, future developments of acreage as sub- division, etc. it became evident that the radio - station will have other means of service connection. Councilman Badgett moved to deny the request to await further development of the area. Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Barnes. Clark, Badgett, Cravey and Lively. Mayor Pro Tem Huron Nays: None Request - John M. Shearer Move Wooden Buildina Fire Zone City Manager Lanham informed the Council that he had received a request from Mr. John M. Shearer to move a small wooden building from his present location near the K -Mart center to property on which he has a six months option on Market Street. The property is in the fire zone and wooden buildings are not permitted but he intends to exercise the option at.the end of the 6- month period and a permanent will be constructed on the site and the wooden building will be removed or torn down. The Council dis- cussed the execution of an agreement for the removal of the building after nine months, the possibility of delay in the removal of the wooden building, the violation to the city's fire zone ordinance and a possible penalty from the Fire Insurance Commissioner, Mr. George Hawley. Councilman Cravey then moved to deny the request of John M. Shearer for the relocation of the wooden building in the fire zone. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Barnes, Mayor Pro Tem Huron Nays: None City Manager's Report Clark, Badgett, Cravey and Lively City Manager Lanham gave the Council a brief report on the work of the several citizens committees in connection with a study relative to a proposed bond issue in February, 1965. The Community Chest will be moving to its new home within the next 60 -days and. they have three buildings, the office and two sotrage buildings, located on city property. The City Manager has been asked if the city has need of either or all of the buildings. After some discussion, Mr. Lanham was instructed to tell Mr. Caldwell, Director of the Community Chest, that the city has no need of the buildings but would request that neither building be moved and relocated within the city limits. The new garbage truck has arrived and garbage pick -up within the Wooster area will begin as of February 1st. Bids on a new sweeper will be submitted to the city council at its next regular meeting. 11• The City Manager will advertise for bids on the sale of a 1924 Model Fire Truck and notify members of the New Caney Fire Department of the proposed sale. This depart- ment has previously submitted a proposal to purchase the truck which is now in storage and not being used by the City of Baytown. Adiournment Councilman Cravey moved for the meeting to adjourn. Councilman Lively seconded the motion. The ayes were unanimous and Mayor Pro Tem Huron declared the meeting adjourned. Edna Oliver. City Clerk