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1965 03 11 CC Minutes3021 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 11, 1965 The City Council of.the City of Baytown, Texas met in regular March 11, 1965 at 6:30 p.m. in the Council Room of the Baytown City lowing members in attendance: J. Robert Barnes David C. Clark Kenneth E. Badgett Seaborn Cravey M. E. Lively J. C. Huron Fritz Lanham George Chandler Edna Oliver Absent: C. L. Liggett Councilman Councilman Councilman Councilman Councilman r " session on Thursday, hall with the fol- Mayor Pro Tem City Manager City Attorney City Clerk Mayor Mayor Pro Tem Huron called the meeting to order and the Invocation was offered by Police Chief Blair Mann. The Mayor deviated from the regular order of business to recognize and introduce W. J. (Bill) Strickler, Chairman of the Baytown Community Service Committee. Service Awards Presentation - Theo Wilburn, Ike Hd1 and Mayor Liggett Mr. Strickler recognized Messrs. Ike Hall, Theo Wilburn and Mayor Liggett for their contributions of personal service and sacrifice to the City of Baytown; Mayor Liggett for his efforts to build a better Baytown during his two -year tenure of office as Mayor of the City and to Messrs. Wilburn and Hall, and all of their faithful committee chair- men and members, for their work in promiting a bond issue which will provide many needed facilities for the entire community. Messrs. Hall and Wilburn were each presented with a Service Award Mounted Certificate and a pin; Mayor Liggett was absent and will receive his award and pin later. The awards were graciously accepted by Messrs. Wilburn and Hall and each expressed his sincere appreciation for the unified cooperation of the Committee chairmen and members who gave so much of their time in compiling and pro- moting the recent bond issue. Retain Committee - Advisory Capacity - Execution of Bond Funds Councilman Cravey moved for the Council to host the Capital Improvements Study Committee, in toto, at a dinner at a very early date; (2) the chairmen of each committee be asked to continue to serve throughout the bond program and that they request the members of their committee to serve as a steering committee to guide the program and advise them in the expenditure of the funds. Councilman Lively seconded the motion. The vote follows: Ayes: Coumcilmen Barnes, Clark, Cravey, Badgett and Lively Mayor Pro Tem Huron Nays: None Approve Minutes Mayor Pro Tem Huron returned to the regular order of business. The minutes of the February 26th meeting were called to be approved. Councilman Badgett moved to dispense with reading of the minutes; they be approved as submitted in written form. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Craveyand Lively Mayor Pro Tem Huron Nays: None 3022 Committee Reports Councilman Cravey gave a brief report on the work of the Baytown Traffic Safety Council in conjunction with the Coutcil's Traffic Committee; its recommendation for the creation of a safety traffic division within the police department and the revision of the city's ordinance regulating the removal of shrubs and other visual. obstructions at intersections. Mayor Pro Tem Huron submitted copies of financial statement of the Baytown Health League which operates a free out patient clinic in the basement of the San Jacinto Hospital. The League had a cash balance as of December 31, 1964 of $264.00 and the Board has been requested to purchase an adding machine. . Appointment - Electrical Board Councilman Clark moved to appoint a five -man Electrical Board as follows: Electrical Engineer - Leroy Gardner, Electrical Contractor - I. M. Jones, Journeyman Electrician - Joe Phelps, Master Sign Electrician - T. J. Sanders and Councilman M. E. Lively, Gardner and Jones term of office to expire, January, 1968; Phelps, Sanders and Lively,. January, 1966. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Amendment to the Electrical Board - Approved The Council heard L. L. Lawless on the proposed amendments to the Electrical Code adopted by the Council on February 11. 1965. The first proposed the requirement of a $1,000 bond to be filed by master electricians and master sign electricians as recommended by the State Fire Insurance Commission; Secondly, providing a "grandfather" clause which would exempt electricians who have performed work in the City since November 11, 1964 from taking the examination for licensing; Thirdly, to amend (a) of Section s 7 and 8 to read: "Workmen's Compensation Insurance shall be in accordance with the provisions of the Workmen's Compensation Act of the State of Texas." Councilman Lively moved to accept the recommendation of the City Manager and Electrical Committee and amend the city's Electrical Code to include the proposed changes. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Cravey, Badgett, Clark and Lively. Mayor Pro Tem Huron Nays: None ORDINANCE NO. 743 AN ORDINANCE ADOPTING REGULATORY MEASURES PERTAINING TO ELECTRICAL WORK IN THE CITY OF BAYTOWN: CREATING AND ELECTRICAL BOARD; PROVIDING FOR THE APPOINTMENT OF THE MEMBERS; PROVIDING FOR THE ISSUANCE OF LICENSES TO MASTER ELECTRICIANS, MASTER SIGN ELECTRICIANS, JOURNEYMEN ELECTRICIANS AND ALL CLASSES OF ELECTRICAL APPRENTICES; PROVIDING FOR FEES, BONDS, AND KEEPING OF RECORDS, THE REVOCATION OF LICENSES; PRO- VIDING FOR AN APPEAL FROM ACTIONS OF THE ELECTRICAL BOARD; CREATING.OFFICE OF CITY ELECTRICAL INSPECTOR AND PROVIDING FOR THE DUTIES OF SAID OFFICE¢; PROVIDING FOR THE ISSUANCE OF PERMITS FOR ELECTRICAL WORK AND THE IN- SPECTION THEREOF; FIXING INSPECTION FEES; PROMULGATING RULES AND REGU- LATIONS TO.GOVERN AND TO BE OBSERVED IN ALL ELECTRICAL WIRING, CONSTRUCTION, INSTALLATION, REPAIRS, ALTERATION$, OPERATING AND MAINTENANCE OF ELECTRICAL WIRING, APPARATUS AND FIXTURES; PROVIDING A SAVINGS CLAUSE; REPEALLING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED ($200.00) DOLLARS FOR VIOLATIONS AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3023 Bean King - Request for Water and Sewer Service - Nolan Road - Texas Industrial Laundries Dean King, local realtor, stated he has been negotiating with Texas Industrial Laundries for sale of a tract of land on Nolan Road but water and sewer lines are not available. The proposed construction will require an eight inch sewer line and a six inch water line; this will require 1,250 feet of sewer line and 750 feet of water line. The Company has paid earnest money on the site, contingent upon the water and sewer service being made available; he asked if it would be possible for the city to make the necessary extensions. The Company is ready to start construction of the building and has asked for an answer from the Council upon the request for water and sewer service facilities. Nolan Road is one of the areas covered under the Bond Prop gram for water service main but nothing was included in the issue for sewer mains in this area. Heretofore, it has been the policy that the city may extend the first 100 feet of a service line and the property owner bear the remaining cost of an extension. It was the feeling of the City Manager that this policy of extension would apply in this case. After discussing several points of view, Councilman Clark moved to accept the recommendation of the.City Manager and extend both the water and sewer mains the 100 feet and letting the owner bear the cost of any additional extension, subject to the city acquiring the necessary easement on the.sanitary sewer. Councilman Badgett seconded the motion. After some further discussion the Mayor Pro Tem called for the question and the vote follows: Ayes: Councilmen Clark and Badgett. Nays: Councilmen Barnes. Lively, Cravey Mayor Pro Tem Huron Councilman Cravey then moved to extend the water service main one hundred (100') feet on the basis of consistency. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Consider Recommendation Tom Masterson - Financial Advisor - Appraisal Water Sewer System City Manager Lanham read a letter from Tom Masterson, the City's financial advisor, recommending that the city undertake an appraisal of all the assets of the water and sewer system subject to the passage of ,the Water and Sewer bonds at the March 6th bond election. In his opinion this appraisal should be done as quickly as possible and prior to the sale of any revenue bond so that an investor may known the extent of the city's equity in the water and sewer systems. This inventory has been recommended earlier by the city,'s. auditor, M. Cecil Bobbitt* The Council discussed the time and cost involved in such an appraisal, the manner in which a firm will be selected, how much it would be worth to the city in interest savings and other relating factors but no definite action was taken upon the recommendation. Mr. Masterson will be invited to meet with the council at its special meeting, March 17th. Request of King Community Antenna Television Company - Operate An Baytown Mr. King of King Community Antenna Television Company and two of his business associates appeared before the council to discuss their proposal for a franchise to use the streets and alleys of the city to construct and operate necessary equipment for the operation of a community and distribution system for sending and receiving audio and video signals. Each home desiring the additional service will be assessed a monthly fee of $5.95, no installation charge is made. The cable will.extend from the Company's tower and will permit each customer to receive programs from two Beaumont stations, Port Arthur and Lake Charles and one FM station. Also the closed• circuit system will provide the school system with television type taped instruction should the School Board choose to approve such an approach. He stressed the purpose. was not paid TV. Mayor Pro Tem Huron appointed a committee composed of City Attorney, Chaddler, Council- man Clark and Huron to study copies of a proposed ordinance submitted by Mr. King. The committee will report its findings and submit its recommendation at the March 25th meeting. The Committee will confer with Mr. Howard Brunson, East Texas Theatres, Inc. who submitted a similar proposal several years ago and was advised that the Council would give his company first consideration if and when the matter was presented again. 3024 Ordinance - Spur 330 - Reaulatina Traffic Councilman Lively moved to adopt an ordinance establishing speed limits during construction of a portion of Spur 330. 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: ORDINANCE NO. 742 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION OF A PORTION OF SPUR 330 WITHIN THE CITY LIMITS OF BAYTOWN TEXAS; REPEALING ORDINANCE INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUN- DRED ($200.00) DOLLARS AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Hearina - Wrecker Ordinance - Approve Amendments Mayor Pro Tem Huron opened the hearing on the Wrecker Ordinance adopted by the City Council at the February 26th; he called for a spokesman from the Wrecker Association, Messrs. Hefferman and Jack Smith came forward and submitted recommendations of the Baytown Wrecker Association. At a meeting. March 9, 1965, owners and drivers of wreckers in Baytown discussed Baytown City Ordinance.No. 741 and protested some of the provisions. The Association now submits several amendments for council considera- tion. The Council reviewed the recommended items afterwhich Councilman Barnes moved to adopt the No. 5 recommended amendment: "Many garage owners who do not own a wrecker and are, therefore, not in the wrecker business, may find it necessary to tow an auto- mobile by chain. This should not be a violation of the ordinance." Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively. Mayor Pro Tem Huron Nays: None The council discussed Item No. 1 to Section 9 (i) which takes away the right for a wrecker to appear to the scene of an accident until called by telephone by the Baytown Police Dispatcher. They propose That all wreckers be permitted to appear at the scene and when owner of damaged auto has no preference, the drivers draw a chip to determine who gets the job. All other wreckers to leave the scene immediately. This was discussed at length, some proposed limiting the number to three (3) wreckers, racing to the wrecks, horse playing and othrer past offensive practices. Councilman Barnes then moved to adopt Item 1 as proposed by the Wrecker Association. Councilman Badgett seconded the motion. the vote follows: Ayes: Councilmen Barnes, Cravey, Badgett and Lively Mayor Pro Tem Huron Nays: Councilman Clark Councilman Barnes moved to amend the recommendation of Item 2 to read: Only one wrecker per business may appear at the scene of any accident." The business firm will be permitted to own as many wreckers as he can afford but only one shall be dispatched to any one accident. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Cravey, Badgett and Lively Mayor Pro Tem Huron Nays: None 3025 3 - //- /96-5-- On Item No. 3, Councilman Barnes moved to retain the procedure of requiring a license for the driver of a wrecker but it to be reduced to a $2.50 fee. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Cravey, Clark, Badgett and Lively Mayor Pro Tem Huron Nays: None Councilman Badgett moved to accept the recommendation of the Baytown Wrecker Assiciation, with the amendments and deletions approved by the City Council, for a probationary period of 90 -days; it will then be reviewed by City Council for permanent adoption or to be revoked. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays; None Councilman Lively suggested that the Wrecker Association write a Code of Ethics and give the City a copy. Request - Lutheran Church to Repave Schilling The Council discussed a letter from Nolan H. Schultze, Chairman of the Church Council of St Paul's Lutheran Church, requesting that Schilling Street be repaved. Since the street improvement portion of the Bond issue was approved, City Manager Lanham suggested that they be sent petitions to circulate in the area to attempt to get 70% of the property owners to sign requesting the improvement. The improvement could then be done when the bonds are sold. The Council then discussed the 70% requirement and were of the opinion that this would be too high, especially in this area. Councilman Barnes moved to amend the city's present policy on streets to require the signatures of 65% of the property owners on any street under consideration for permanent improve- ment. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None City Manager Lanham was instructed to notify Mr. Schultze of the action of the council at this meeting. Request - City Purchase 2 -way Radio Wooster Volunteer Emergency Corp Councilman Badgett moved to approve the City's purchase of a 2 -way radio, assigned to the city's frequency, for use in the emergency boat of the Wooster Volunteer Finergency Corp. Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Barnes, Cravey, Clark, Badgett and lively Mayor Pro Tem Huron Nays: None The caption of the Resolution follows: RESOLUTION NO. 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE HUNDRED EIGHTY ($580.00) DOLLARS.FROM THE COUNCIL CONTINGENCY FUND TO BUDGET ACCOUNT 202 -10 -3. Request - Install Entry -Way Decker Drive and Fairway Drive The Council discussed the request of the Country Club Oaks Civic Association for permission to install an entry -way into the subdivision at or near the intersection of Decker Drive and Fairway Drive. Mr. Lanham stated he had been informed that the property owner adjacent to the proposed site objects to the installation of an entry -way as he 1 3026 has plans to build a service station near this location and he will want to install driveways into his place of business. After some discussion, Mr. Lanham was instructed to contact Mr. Drake who represents the Association and ask him to get written per- mission from the adjacent property owner. He is then to bring the letter and a sketch of the proposed location and type entry -way before the council for its perusal and final disposition. Approve - Difference in Cost Storm Sewer Public Housing Senior Citizens The Council discussed a proposal of James A. Davis, Architect, for the City to pay the difference in cost of a storm sewer to drain the area hear Highway 146 where public housing for senior citizens are soon to be constructed. The Federal Housing Project will install a smaller pipe and the city may, at its discretion, pay the difference in cost of a larger pipe and it will be installed by the contractor without further cost to the city. The difference in cost will be $2,136.00. Councilman Clark moved to approve the city's participation in this project by bearing the difference in cost of the larger storm sewer. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Cravey, Badgett and Lively Mayor Pro Tem Huron Nays: None The caption of the resolution follows: RESOLUTION NO. 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER TO TRANSFER TWO THOUSAND ONE HUNDRED THIRTY -SIX ($2,136.00) DOLLARS FROM THE COUNCIL CONTINGENCY FUND TO BUDGET ACCOUNT 301 -9 -6. Resignation - Councilman Cravey effective April 1, 1965 Councilman Cravey asked that the Council accept his resignation from the City Council effective as of April 1, 1965. Councilman Badgett moved to accept the re- signation on the date as requested. 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 reported that some work is being done toward filling the position on the Civil Service Board vacated by the resignation of Raymond T. Donnelly who is a candidate for Councilman from District No. 6. He is looking for not only a Commissioner but one who can serve as Director also. Mr. Clark asked that a letter expressing the Council's appreciation for the work done during his tenure of office be mailed to Mr. Donnelly. Mayor Pro Tem Huron asked that the City Attorney draft an ordinance regulating the operation of Pawn Shops within the City by requiring them to file a regular list of items received at their shops, with the Baytown Police Department. Lowell Lammers, local architect, submitted a model of the tract of land where the city proposes to construct the Community Center and City Hall. He explained the rise and fall of the acreage, the flooding areas, etc. In view of the work that is presently being done by the architect relative to the Community Center, Mr. Lammers requested that the council give high priority to clearing the site by removing under- brush, small trees, etc. The site line needs to be cleared in order to see what the 3027 relations are going to be to the flow of traffic, the other buildings that surround it, what the background of the buildings are going to be, etc. Councilman Barnes moved to instruct the City Manager to prepare specifications for clearing of the.site; bids to be received at the close of the 30 -day period. The City Manager reminded the Audit Committee, Councilmen Lively and Cr.avey, that it needs to make its recommendation for an aufltor at the next council meeting. Adjournment Councilman Bedgett moved for the meeting to adjourn. Councilman Lively seconded the motion. The ayes were. unanimous and the Mayor Pro Tem delcared the meeting.ad- journed. �C Edna Oliver, City Clerk