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1965 06 24 CC Minutes3070 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 24, 1965 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, June 24, 1964 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Robert Barnes Councilman Clem M. Massey Councilman Don M. Hullum Councilman J. C. Huron Councilman Raymond T. Donnelly Councilman Seaborn Cravey Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: A. M. Braswell Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich, the Mayor called for the minutes of the special meeting of June 7th and the regular meeting of June 10th. Councilman Massey moved to dispense with reading of the meinutes; two corrections be made, namely: Special Meeting, June 7th: Report - Telephone Company: Third paragraph,... the City could be placed in an unfavorable position in trying to justify a rate decrease at this time. . Regular Meeting, June 10th: Phase No. 2 - Street Improvement Program - delete the word "North" from the description of Burnet Drive as shown in three places and,to read: . . . cost estimate for the improvement of Burnet Drive . . . . . to add Burnet Drive from Bayway to South Burnet. . . . . . with Burnet Drive being listed as a separate project. . . . . With these corrections, the minutes to be approved as submitted. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Huron and Donnelly. Mayor Cravey Nays: None Pruchase Garbage Truck Body - Heil Loader Councilman Barnes moved to accept the recommendation of the City Manager and the low bid of Lowe Equipment Company on the twenty cubic yard Heil packer type garbage collection body, be approved; total price, $4,820.00. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, and Donnelly. Mayor Cravey Nays: None City - School Elections - Councilman Donnelly Appointed to Committee Councilman Donnelly introduced discussion relating to the new enabling act recently passed by the Texas Legislature for the Houston School District. At a recent meeting of the Mayors' & Councilmen's Association, Councilman Donnelly discussed this act with Representatives John R. Harrison and learned that it pertained to Houston and the Houston Independent School District only. Based on the present Statute, it is impossible to hold joint municipal and school elections. According to City Attorney Chandler, the only way the present situation can be corrected is for the Texas Legislature to amend the City Charter. In the opinion of the City Attorney and School Board Attorney, Bruce Ramsey, it would be easier and less expensive to amend the State law than to amend the City Charter, the only objectionable feature being we would have to wait two years for the Legislature to reconvene. City Attorney Chandler suggested that a Committee be appointed to meet with the two attorneys and study the two routes, amend the State Statute or amend the City Charter. Councilman Donnelly was named to the Committee for the City. 3071 Committee Reports Councilman Huron reported that all members of the Council have been placed on the mailin g list of the Human Relations Advisory Committee and each will receive reports regularly on the work of the committee. Also, the Committee has expressed a desire to meet periodically with the Council to orally review the aims and progress of the various projects of the Committee. A report on the recent activities of the Council's Traffic Committee and Citizens Advisory Traffic Committee was submitted by Councilman Huron; theese listed as follows: (a) Will review speed limits set by City Council (b) Eliminated three (3) parking spaces at intersection of South Pruett and West Main, south side, to permit left turns without obstruction (c) Recommended to the Council the installation of a traffic control light at the intersection of Second and East Texas Avenue for the reason of an increase of twenty -five (25%) percent in accidents over the previous year because of poor visibility. Councilman Barnes moved to accept the recomendation of the Committee and authorized the installation of an activated traffic light at the intersection at a cost of approximately $2200. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen. Barnes. Massey, Hullum, Huron and Donnelly. Mayor Cravey Nays: None (d) Painting double stripes at several intersections to alert drivers of Stop signs in area. (e) Police Department listed 113 violations of Ordinance No. 132 which regulates the the minimum overhead clearance of trees, shrubs, vines and similar plants overhaning any street or sidewalk - these violations were found to be on city easements. It was suggested that Councilman Huron and City Attorney Chandler meet with a member of the Citizens Traffic Advisory Council to for a combination of ieeas for.the promotion of public relations to persuade citizens to voluntarily remove such violations from their premises. If this approach proves unsuccessful, enforcement otherwise will become a necessity. (f) Should an ordinance be drafted regulating the installation of banners, signs, christmas decorations, in the downtown area? The administration was asked to study the problem and submit a recommended workable solution for council's perusal. (g) Recommended including funds in the 1965 -66 fiscal budget for the purchase of a new street striping machine. (H) Long Range - discussed the installation of a traffic light on North Main at Harold Lane; possible elimination of permanent parking on West Texas Avenue in the downtown area. Mayor Cravey proposed the appointment of a Citizens Clean -up Advisiory Committee to assist the administration in the promotion of cleaning up Baytown. Since the last meeting. Councilman Barnes reported that he had received many favorable comments on the proposal to spend more money, if necessary, in cleaning ditches. painting poles, and replacing rusty street signs throughout the City. In his opinion, now is the time to embark upon a concerted Clean -up program in Baytown. Each council member was asked to submit the name of a person, at the next meeting, who will be willing to serve on a Citizens Clean -up Committee; the commitle to act in an advisory capacity to the City Council and /or members of a Beautification Committee. Hearinc - Application Off- Premise Beer License - South Pruett The Mayor opened discussion on the first item of new business on the agenda - hearing on application for off - premise beer license on South Pruett. On May 27th, a legal notice was published in the Baytown Sun relative to the application and 17 straightway a letter was received from H. E. Zimmerman, pastor of Baptist Temple, protesting the issuance of such license. His protest was based on the fact that the church was directly across from the 1101 South Pruett street address, the church owns the property facing Pruett Street, and plans are being processed for the erection of an entire new church at the corner of Pruett and Graham Streets. Mr. Leo Frost, Supervisor of Inspections, checked the area to see if it was in violation of the 3072 city's ordinance No. 719, Section 9, which prohibits the sale of beer in all cases where the place of business is within three hundred (300') feet of any church, school, etc. and his measurements were two hundred ninety -seven (297') feet; Mr. Daniel, the applicant, was notified of the findings. The matter was then taken to the Liquor Control Board, the City Attorney gave clarification on the measurement requirements and the place of business was found to be over the three hundred (300') foot exception. It was the opinion of the City Attorney that the application should be approved since it is over the three hundred (300') feet, the parties may then argue their respective positions before the County Judge. After a lengthy discussion, the Administration was instructed to notify the County Judge and Liquor Control Board of the error made in the measurements - the location is outside the three hundred (300') foot radius; Nevertheless, four of the councilmen, Barnes, Hullum, Massey and Huron, asked to be placed on record as individually opposing the issuance of the license due to its close proximity to an established church of long standing and its proposed plans to erect a new sancturary which will be nearer the South Pruett Address. Accept - Semi - Annual Audit Report At the last meeting of the Council.copies of the semi- annual audit of the City of Baytown were delivered to each councilman and Mr. Cecil Bobbitt, CPA, was asked to appear at this meeting to answer any questions the council may have to present relative to the report. He was.advised that no questions were forthcoming. Councilman Donnelly moved to accept the semi - annual audit report of the City of Baytown as compiled and submitted by Mr. Cecil Bobbitt, local CPa. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Huron and Donnelly. Mayor Cravey. Nays: None Request - Lawrence Insurance Company - Wooden deck - Fire Zone No. 2 Councilman Barnes moved to approve the request of Mr. Joe W. Lawrence to construct a wooden deck on wood joists on an extension to the Lawrence Insurance Agency located at 2823 Market Street as the addition is of the same type construction as the existing building. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Huron and Donnelly. Mayor Cravey Nays: None Ordinance - Civil Defense Shelter Managers Councilman Donnelly moved to adopt an ordinance describing the functions, duties and powers of Shelter Managers in the event of a national emergency or local emergency as provided in the City's Civil Defense Ordinance. Councilman Huron seconded the motion. The vote follows: I Ayes: Councilmen Barnes, Massey, Hullum, Huron and Donnellly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESCRIBING THE FUNCTIONS, DUTIES AND POWERS OF SHELTER MANAGERS DURING NATIONAL EMERGENCIES AND LOCAL Ebf- ERGENCIES, AS PROVIDED IN THE CITY OF BAYTOWN'S CIVIL DEFENSE ORDINANCE NO. 228; REPEALING ORDINANCES INCON- SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3073 Resolution - Federal Government Incinerator Plans No. 7 Water District - Relieve Liability Councilman Barnes moved to adopt a resolutio n relieving the City of Baytown of the obligation of repayment of a loan granted to Harris County Water Control and Improvement District No. 7 by the Federal Government for the purpose of preparing plans for an in- cinerator to serve the area; said grant in the amount of $3,400.00. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Huron and Donnelly. Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 80 -A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING THAT NEITHER IT NOR HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT 47 HAS USED ANY OF THE PLANS AND SPECIFICATIONS PREPARED AS THE RESULT OF A $3,400.00 GRANT FROM THE HOUSING AND HOME FINANCE AGENCY, AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE THIS RESOLUTION AND THE CITY MANAGER TO FORWARD A CERTI- FIED COPY OF SAME TO THE PROPER AUTHORITY. Committee - Study Ordinance for Control of Discharoina Firarms in City Limits Mayor Cravey appointed a committee composed of Councilman Barnes, Councilman Donnelly, City Attorney Chandler and a member of the Bayshore Rifly and Pistol Club to study the draft of an ordinance which proposes to regulate the discharge of fire- arms within the City limits. The Council was of the opinion that there is some need of control in this area, however, it was felt that some exceptions should be provided; the present draft makes no provision or excg1ion. Amendment - Electrical Ordinance - Adopted Councilman Barnes moved to adopt an ordinance which amends the original Electrical Ordinance No. 743, Section 11, to permit trucks and /or vehicles primarily used by Master Electricians and Master Sign Electricians to use a temporary, detachable sign in the performance of their work, provided such sign shall be displayed at all times while such vehicle is actually being used in the performance of their work. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Huron and Donnelly. Nays: Councilman Hullum Mayor Cravey The caption of the ordinance follows: ORDINANCE NO. 751 AN ORDINANCE AMENDING AN ORDINANCE, "AN ORDINANCE ADOPTING REGULATORY MEASURES PERTAINING TO ELECTRICAL WORK IN THE CITY OF BAYTOWN, CREATING AN ELECTRICAL BOARD; PROVIDING FOR THE APPOINTMENT OF THE MEMBERS; PROVIDING FOR THE ISSUANCE OF LICENSES TO MASTER ELECTRICIANS, MASTER SIGNS ELECTRICIANS, JOURNEYMEN ELECTRICIANS AND ALL CLASSES OF ELECTRICAL APPRENTICES; PROVIDING FOR FEES, BONDS, THE KEEPING OF RECORDS, REVOCA- TION OF LICENSES; PROVIDING FOR AN APPEAL FROM ACTIONS OF THE ELECTRICAL BOARD; CREATING OFFICE OF CITY ELECTRICAL INSPECTOR AND PROVIDING FOR DUTIES OF.SAID OFFICER; PROVIDING FOR THE ISSUANCE OF PERMITS FOR ELEC- TRICAL WORK AND THE INSPECTION THEREOF; FIXING INSPECTION FEES; PRO- MULGATING RULES AND REGULATIONS TO GOVERN AND TO BE OBSERVED INALL ELECTRICAL MIRING, CON STRWCTION, INSTALLATION, REPAIRS, ALTERATIONS, OPERATING AND MAINTENANCE OF ELECTRICAL WIRING, APPARATUS AND FIXTURES; PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED ($200.00) DOLLARS FOR VIOLATIONS AND PROVIDING FOR THE EFFECTIVE DATE THEREOF," BEING ORDINANCE NO. 743, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, ON THE 11th DAY OF MARCH, 1965, BY AMENDING SECTION 11, SUBSECTION (4) THEREOF. 3074 Approve - Final Payment Bayshore Constructors - Water Line Baker Road Councilman Huron moved to approve final payment to Bayshore Constructors for installation of waterline on Baker Road; amount of the bid, $11.105.94. Coumcilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes. Hullum, Massey, Huron and Donnelly Mayor Cravey Nays: None Approve Payment Skrla Incorporated - Phase I - 1%5 Street Improvement Program Councilman Donnelly moved to approve payment of $122,844.04 to Skrla, Inc. for improvements to certain portions of the city streets included in Phase I of the 1965 Street Improvement Program. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey. Hullum, Huron and Donnelly. Mayor Cravey Nays: None Transfer Resolution - Various Approved Councilman Barnes moved to adopt a resolution transferring $11,885.00 from the Contingency Fund, General, to pay for grass cutting and waste collection equipment. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum. Huron and Donnelly. Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTORN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER ELEVEN THOUSAND, EIGHT HUNDRED EIGHTY -FIVE ($11,885.00) DOLLARS FROM THE CONTINGENCY FUND TO ACCOUNTS 501 -6 -2, 402 -104 AND 201 -54. Councilman Donnelly moved to adopt a resolution transferring $31,282.00 from the City Manager's Budget Account No. 102 -1 -6, salary adjustments, to various budget accounts within the General Fund. Councilman Barnes seconded the motion. The roll call vote follows: Ayes: Councilmen Barnes. Massey, Hullum, Huron and Donnelly Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOIWN, TEXAS AUTHORIZING THE CITY MANAGER TO TRANSFER THIRTY -ONE THOUSAND, TWO HUNDRED EIGHTY -TWO ($31.282.00) DOLLARS FROM CITY MANAGER'S BUD- GET ACCOUNT NO. 102 -1 -6, SALARY ADJUSTMENTS, TO VARIOUS BUDGET ACCOUNTS. Councilman Huron moved to adopt a resolution transferring $9,432.00 from the Water Fund Contingency Budget Account 1005, for salary adjustments to the various salary accounts covered in the Water Fund. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes. Massey, Hullum, Huron and Donnelly. Mayor Cravey Nays: None 3075 The caption of the resolution follows: RESOLUTION NO. 83 A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER NINE THOUSAND, FOUR HUNDRED THIRTY -TWO ($9,432.00) DOLLARS FROM THE WATER FUND CON- TINGENCY, BUDGET ACCOUNT 1005, SALARY ADJUSTMENTS, TO THE VARIOUS SALARY ACCOUNTS. Miscellaneous The City Manager was instructed .to have the contractor or use city forces to clean up some asphaltic materials which has been spilled or dumped on the east end of Colby Street between Dwinnell and Narcille. The City Attorney was instructed to brief the law and submit a procedure schedule on the manner in which liens can be filed against property where the owners fail to pay the assessment levied for grass cutting after repeated notices and letters have been mailed notifying them of the requirements of the ordinance and the assessment fee. The City Manager was instructed to increase the grass cutting assessment charges to include administrative costs incurred in the detailed processing procedure. He will make a study of the costs incurred and final decision on the percentage increase will be made by the Council after the report has been recieved. Resolution - Expenses City Attorney Attend Convention, Fort Worth, Texas Councilman Barnes moved to adopt a resolution transferring $275.00 from the General Fund Contingency to pay the City Attorney's registration fee and travel expenses to a City Attorney's Convention in Fort Worth. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Huron and Donnelly. Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TWO HUNDRED SEVENTY -FIVE ($275.00) DOLLARS FROM THE COUNCIL CONTINGENCY FUND TO BUDGET ACCOUNT NO. 106 -6 -6. City Manager's Report After visiting with members of the State Health Deparlment in Austin, Mr. Lanham reported that funds will be available for the city's application for assistance under Public Law 660. It was decided to delay making this application until Turner & Collie completes its detailed study as the amount of work to be done with the Bond program funds is based upon assistance under the public law. Mayor Cravey asked members of the Council to be prepared to submit the name of an interested citizen who would be willing to work on a Citizens Advisory Committee to study builing codes and minimum standard housing ordinances as recommended by Bernard Johnson Engineers, Inc. City Planners, in their preliminary report to the City Counc it under The Program for Community Improvement. City Manager Lanham was asked to contact members of the Baytown Chamber of Commerce and solicit their support by naming a committee from their membership to study the development of the General Business District as set forth in the Planners' report. If necessary, members of the Council will meet with them for a general discussion and review of the report. 3076 V City Manaaer's Report — Continued Copies of the proposed Baytown Police Code were passed out to each councilmember and he was asked to study the code and be ready for some type formal action upon the Instrument at the next meeting of the council. This code of Conduct is made in the interest of promoting the goal of attaining true professimal status for the Police officers of the City of Baytown and to raise the esteem and trust of the citizenship in its Police Officers. City Manager Lanham will be away on vacation the week of June 27th. Civil Defense Director J. F. Nickerson invited the Council to attend a Hurricane Conference which is to be held at Antleton, 7:30 p.m., July 19th. Adiournment Councilman Barnes moved for the meeting to adjourn. Councilman Donnelly seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. 6L) Edna Oliver, City Clerk pi I