1965 08 12 CC Minutes3087
MINUTES OF THE REGULAR MEET-
ING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 12. 1965
The City Council of the City of Baytown. Texas met in regular session on Thurs-
day. August 12. 1%5 at 6:30 p.m. in the Council Room of the Baytown City Hall with
the following members in attendance:
Robert Barnes
C. M. Massey
Don M. Hullum
A. M. Braswell
Raymond T. Donnelly
J. C. Huron
Fritz Lanham
George Chandler
Edna Oliver
Absent: Seaborn Cravey
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor Pro Tem
City Manager
City Attorney
City Clerk
Mayor
The meeting was called to order by Mayor Pro Tem Huron. the Invocation was offered,
afterwhich he called for the minutes of the regular meeting of.July 22nd. Councilman
Donnelly moved to dispense with the reading of the minutes and they be approved as
submitted in written form. Councilman Braswell seconded the motion. The vote follows:
Ayes: Councilmen Barnes.
Mayor Pro Tem Huron
Nays: None
Petitions
Massey, Hullum. Braswell and Donnelly.
Councilman Braswell moved to accept a petition. signed by ten property owners and
merchants on Texas Avenue from Pruett Street to Main Street, protesting against any consideration on the part of the Council to make a parking lot out of Texas Avenue
between the aforementioned areas. Councilman Barnes seconded the motion. The vote
follows:
Ayes: Councilmen Barnes. Massey, Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: None
Councilman Braswell moved to accept petitions, signed by property owners of Oak
Addition, requesting major street improvements to the following streets on a property
owner participation cost basis; Administration to check and make recommendations.
Turner - from Yupon to dead end;
Willow - from Lincoln Courts to Johnston Street;
Carver - from Lee Drive to Dead End;
Oak - from Riggs to Gentry Drive;
Bookertee - from Yupon to Dead End;
Stowe - from Yupon to Dead End;
Johnston - from Willow to Oak;
Yupon - from Daniel to S. P. RR
Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes.
. Mayor Pro Tem Huron
Nays: None
Unfinished Business
Massey, Hullum, Braswell and Donnelly.
Councilman Braswell submitted the name of W. A. McElhannon, Consulting Engineer,
to serve on a Citizens Advisory Committee to study building codes and minimum standard
housing ordinances as recommended by the City Planners under the Program for Community
Development.
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Committee Reports
After receiving a report from Councilman Donnelly, a member of the Parliamen-
tary Rules of Procedure Study Committee, the following changes in Resolution No. 1,
adopted October 25, 1962, were recommended:
1. Section 1: Change regular meeting time to Six - Thirty (6:30) o'clock p.m.
2. Prohibition against secret ballots
3. Eliminate Section 5 in its entirety.
9. Section 6: Close agenda 1:00 o'clock p.m. Tuesday
(a) However, include a provision which will permit the City Manager to
add items to the agenda on a cover sheet - these.to.be based on need.
5. In Section 7 to move item 6 to No. 7 position; eliminate both 9 and 10.
6. Add new section - where possible, any new idea be discussed with the City
Manager prior to the council meeting.
7. The Council shall elect the Mayor Pro Tem each year, each Councilman to
serve for a period of 2- months by districts, one through.six consecutively.
Councilman Barnes reported on results of a recent meeting with E. 0. Cambern,
District Manager of General Telephone Company, at which time remaining details, regard-
ing rates, were discussed and finalized. The City Attorney will mail copies of the
proposed ordinance to the council members prior to the next regular meeting date.
Also, with the approval of E. 0. Cambern and members of the Council, the City Manager
was instructed to have the General Telephone's progress letter published as often
as received so that the citizenry may be kept informed of the progressive development
of the telephone company.
Councilman Barnes reported on the meeting of the Parks Committee and its recommenda-
tion to purchase a merry -go- round, swing set and seesaw for the Briarwood Park at
an estimated cost not to exceed $750.00. Councilman Donnelly moved to instruct the
City Manager to solicit competitive bids and to purchase the playground equipment
based on the low bid. Councilman Massey seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey. Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: None
The Park Committee has asked for cost estimates - to build a fishing pier off
Arkansas Street into Black Duck Bay at the intersection of Oklahoma Street. Also, it
was requested that the Committee give some thought to requiring a deposit on the use
of the Pavilion; full deposit to be refunded if the building is left in good order.
Councilman Barnes gave a brief report on the activities and monies collected
by the Corporation Court for the first seven months of the calendar year.
Councilman Barnes suggested the Administration discontinue the distribution of
a monthly report to the City Council on the activities of the various departments.
He proposed to continue the accumulation of the information in the usual manner;
this information to be filed with the City Manager and a quarterly activity report
be prepared and submitted to the Council for its perusal. Councilman Donnelly
seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: None
Councilman Braswell submitted wix (6) items to the City Manager as points for
study by a Garter Commission, should it be reactivated. He urged the Council to do
likewise.
At the suggstion of Councilman Braswell. Mayor Pro Tem.Huron appointed S. 0.
Brady. Eddie Gray, Grover Edge and City Attorney Chabdler as a sub - committee to
work with the Goose Creek Stream Study Committee on the feasibility of using Goose
Creek Stream as a fresh water lake. The subcommittee will explore this proposal and
make a report of its findings at the conclusion of the study.
MM
Councilman Braswell reported on the results of a meeting of the Capital Improve-
ments Program Advisory Committee; its decision to continue with plans to develop the
29 -acre tract which the city has an option for purchase as the civic center site.
However, he wished to go on record as personally having serious reservations about
spending the amount of money required to purchase and develop the site since a portion
is subject to flooding by storm tides and also contains a fault zone, location of which
has not yet been determined. Some of the comments follows:
Councilman Hullum: "Did some research since last meeting and due to different
a problems . . . convinced in own mind at this time not the best
` site council as group look at other sites."
Councilman Massey: "All can have an ideal we would like to compare it with. but we
must have an actual site for comparison . . . . until better
specifically shown . . cannot recommend suspension of work."
Councilman Donnelly: "Don't know details of site selection . . committee members
substantial citizens . . feel they did investigate. . . hesitant
as new member of .council to superimpose my judgement over and
above their judgement. . . after chosen, real reluctant to change
now on short study."
Mayor Pro Tem Huron: "Only way I'd consider moving civic center site at this time
. . go back to people."
Councilman Barnes: "Convinced best location we can find for .anywhere near the a-
mount of money we're paying . . .. would have been wise to have
waited for an engineering study before making statements about
the validity of the site . . . . all knew of fault line . . clay
and sand . . portion gets under water during flood tide . . if do
not meet commitment to people of Baytown . . . . bring about a
situation in which people in Baytown will never support another
bond issue. . doing damage now. . if survey reveals problem, do
something then."
After some further discussion, Councilman Donnelly moved to reaffirm the commitment
made by the previous council to purchase the 29 -acre tract of land, between Market and
Main Streets, as the City Hall and Civic Center Site subject to the report of the
engineering survey being made by the McClelland Engineering Company as to its total
undesirability. Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey and Donnelly.
Mayor Pro Tem Huron
Nays: Councilmen Braswell and Hullum
Copies of the proposed budget for the Baytown Health League will be mailed to.
members of the Council in order for them to consider the city's share during budget
review.
In reporting on the activities of the Traffic Committee, Mayor Pro Tem Huron sub-
mitted a recommendation of the Committee to remove the parking meters fronting upon
Wilkenfeld Furniture Co., Sum -Tex Liquor Store and the Chamber of Commerce Building
at the Texas Avenue, North Main intersection, install NO- PARKING signs and install
a controlled traffic signal light which will hold through traffic and provide left
hand turns both ways at an estimated cost of $2.400.00. The money has been provided
In the 1964 -65 budget.. Councilman Donnelly moved to authorize the expenditure of
$2,400 to install the traffic control system. Councilman Barnes seconded the motion.
The vote follows:
Ayes: Councilmen Barnes. Massey. Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
:�. Nays: None
City Attorney Chandler and City Manager Lanham were instructed to meet with
Sheriff Buster Kern and County Judge Bill Elliott to explore the possibility of
controlling the portion of Park Street which runs through Humble Company's property,
without annexation. as suggested by the Traffic Committee.
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Traffic Committee Report - Continued
Mayor Pro Tem Huron presented a sketch of a revision of the traffic control ex-
change near Baytown Junior High School. The Committee proposed to eliminate all traffic
lights and install a traffic circle similar to the one on Market between Weingarten
and Henke & Pillot stores. The estimated cost to install the circle was $1,299.00.
It was suggested that a detailed sketch be prepared to scale. The Council will then
take formal action on the proposal after it has had time to study its merits.
The Council approved the recommendation of the Traffic Committee that both Denby
and Casey Streets be designated as one -way streets going east, and Massey Street be
a one -way street going south from Denby to Stimson Street to alleviate a traffic problem
which presently exists at Horace Mann Junior High School during peak periods of deliver-
ing and receiving students.
The Traffic Committee submitted a proposal for angle parking on the north side of
West Pearce between Commexce and Gaillard Streets. After some discussion it was agreed
to dew further, action until members of the .Traffic Committee have presented the pro-
posal to the Central Business Comittee for study. A report and recommendation on the
proposal will be submitted to the Council .after the study has been completed.
Petition - To County to Eliminate Open Flood Control Ditch - Install Storm Sewer
Mr. Odis E. Goss, spokesman for citizens living in the Plumwood and Milbydale
Subdivisions, presented copies of a petition which was addressed to the County Com-
missioner of Precinct No. 2, urging him to take immediate steps to eliminate an open
Harris County Floof Control Ditch, located between Colby and Adams Streets, by install-
ing storm sewer pipe or otherwise covering the ditch. Mr. Goss asked the council for
Its suppoxt in the presentation of, the. petition and its contents. After some discussion,
Councilman Braswell moved to accept the petition as presented. Furthermore, that a letter
be forwarded to members of the Commissioners Court, bearing the signatures of the Mayor
and City Manager, informing the Court of the presentation of the petition, the unanimous
acceptance by the Council and urging the Court to give favorable consideration to the
request during its budget review and study. Counci.lman Barnes seconded the motion.
The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: Non'
Realignment oa Memorial Drive Extension
A. J. Busch, Jr.. consulting engineer, submitted a plan of a proposed realignment
of Memorial Drive extension which was approved May 25, 1965. The original plan had
shown the extension being aligned with Rice Street, which is on the north side of Park
Street. However, it was found that the reserved right -of -way was twenty -five feet
east and would abut the K -Mart Shopping Center property; this would shift the extension
an additional twenty -five (25') feet and the new intersection would not aligh with Rice
Street. The Council did not favor the proposed alignment of Memorial Drive at its
intersection with Park Street and suggested that the developer increase the width of
the Memorial Drive -Park Street interesection to the west as far as the right -of -way will
permit. Also, increase the Rich Street intersection to the east. to allow greater free-
dom for ingress and egress of vehicular traffic. The developer agreed to this suggested
change - a new sketch will be drawn including the changes. The engineer, Mr. Busch, will
submit a copy of the reviesd sketch to City Engineer, Jack Morton, for his approval be-
for proceeding with construction of the Memorial Drive extension. .
Advertise for Bids
The City Manager was instructed to advertise for bids for exclusive salvage rights
at the sanitary landfill.
Procedure Securina Riahts -of -Way - Bond Proaram
Mr. Busch also presented a strip map showing the rights -of -way that will be
required on North Main construction under the bond program. Too, there will be other
rights -of -way to be secured on Davis Road, South Main extension and Garth Road.
t
3091
He suggested that some thought should be given to the method of procedure in acquisi-
tion of the necessary rights -of -way as the City Attorney has ruled that rights -of -way
must be acquired before any initiation ordinance for improvement of any street can be
presented for approval. On Garth Road extension a one hundred (100') foot right -of -way
is needed from Decker to Park, Park Street north a lesser amount and on North Main,
addition right -of -way from Spur 201 north. The plans call for a 48 -foot thoroughfare.
on North Main from Cedar Bayou to Spur 201, at Spur 201 it is a divided roadway with
two 24 -foot channels. The Council expressed a desire to acquire additional right -of-
way on North Main from Cedar Bayou to Spur 201 and have the divided highway extended
to Cedar Bayou. After some discussion, Councilman Barnes moved to authorize Mr. Busch
to prepare plans showing a divided.highway on North Main from Cedar Bayou Road north
to Spur 201. Councilman Braswell seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: None
The Council then discussed the need of hiring persons to appraise the needed rights -
of -way and persons to negotiate with the property owners relative to the purchase of
the property. It was suggested that the City Manager.contact Harris County officials
and find out if their Right -of Way agents would be interested in assuming this responsi-
bility on a contract or per diem basis since most of them have had experience.in this
field. It was also suggested that they be approached relative ,to recommended appraisors.
After some further discussion, Councilman Barnes moved to authorize the City Manager
to contact County officials with a proposal for their qualified and experienced personnel
to do both the appraisal and negotiating for purchase of the necessary right -of -way
required in the bond program. If it is more appropriate for the City to hire its own
appraisors. in the opinion of the County, he is to contact outside appraisors but con-
tinue negotiations for County Right -of -Way agents. Councilman Braswell seconded the
motion. The vote follows:
.Ayes: Councilmen Barnes, Massey, Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: None
Councilman Barnes moved to make North Main Street a divided roadway from Cedar
Bayou north to Spur 201 provided the necessary right -of -way can be acquired. Council-
man Braswell seconded the motfm. The vote follows:
Ayes: Councilmen Barnes. Massey. Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: None
The Council talked about the right -of -way on Garth Road since it will be divided
from Decker Drive to Spur 201 with 33 -foot lanes and north of Spur 201 with 24 -foot
lanes. This will require a one hundred (100') foot right -of -way to Spur 201 and Eighty
(80') foot thereafter. Funds to purchase - ten (10') feet of right -of -way on either
side of Garth Road was included in the approved bond issue, but the city has a very
limited amount of funds, in its present budget, to spend on the proposed construction
of curb and gutter. The roadway alignment as outlined by Mr. Busch was discussed at
length; some changes were proposed but no formal action was taken by the Council at
this meeting. Mr. Busch will bring the plans back for the Council's perusal at a
later meeting.
Request Gas Connection - Houses Country Club Oaks
The Council heard a request from Mr. Hughes, realtor, for some assistance in
obtaining a plumbing inspection of two houses in Country Club Oaks whose original
owner had gone bankirupt and the houses were involved in litigation. Young Plumbing
Company of Baytown had obtained a permit from the city on February 13. 1%3 for the
j contract on the houses but he had never received payment for his labor and materials
so an inspection was never requested. At the time of the foreclosure. Mr. Young did
not file his lien and the houses have been since sold and the present buyer had no
knowledge of the outstanding indebtedness. Mr. Young has refused to request the neces-
sary city inspection, the permit is non - transferable. and the buyers cannot be serviced
by the Gas Company until the inspection is made and approval given by the City.
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The Council was careful in its deliberations as it was not familiar with all phases
of the case. After some time, the City Administration was instructed to contact Mr.
Young and request him to have the plumbing completed, for inspection, within 24- hours.
If he is unable to complete the project within the 24 -hour period, no extension is
to be given: the Administration is to arrange a meeting between the City Council and
Mr. Young.
Consider Street Liaht Plans for Lee Drive and Loop 201
Plans for lighting Lee Drive from best Main to Highway 146 and Loop 201 from
West Main to Highway 146 were reviewed by the Council. The plan calls for 20,000 lumen
mercury vapor lights, Lee Drive with eight lights on Wooden poles and Loop 201 with
eighteen metal standards and thirty -six lights as the metal standards provide for
dual lights. The annual rental cost for the forty -four lights_ to the City was $2,358.00.
It was suggested that the City Manager check the distances of the lights on Loop 201
to see if this is the standard widty between lights and to check with the State Highway
Department and solicit their participation in the rental cost to the extent of the
difference between wooden poles and metal standards. Coundlman Donnelly moved to a-
pprove the proposed plan and to instruct the Houston Lighting 6 Power Company to proceed
with construction and installation. The City Manager is to check the distance and for
possible cost participation by the State Highway Department. Councilman Barnes seconded
the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell and Connelly.
Mayor Pro Tem Huron
Nays: None
Defer Action - Revised-Traffic Ordinance
Copies of the revised traffic ordinance were distributed to the council but
further action was deferred until the next regular meeting of the Council.
Resolution - Transfer Funds
Councilman Braswell moved to adopt a resolutim transferring funds to purchase
additional street markers, provide street maintenance funds and purchase office
supplies for -the Corporation Court. Councilman Hullum seconded the motion. The
vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell and Donnelly.
Mayor Pro Tem Huron
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS.
AUTHORIZING THE CITY MANAGER TO TRANSFER, WITHIN THE GENERAL
FUND BUDGET, CERTAIN FUNDS FROM ONE CLASSIFICATION TO ANOTHER
CLASSIFICATION.
City Manager's Reports
Estimates on fill on West Bayshore Drive and Jones, Ws. Gulf to Sterling,
Ashbel, Ws. Gulf to Sterling and Gaillard, Gulf to Defee, Were submitted for the
Council's perusal. These estimates were based on the bids submitted by Skrla, Inc.
for Phase No. 2 of the Street Improvement Project for the 1964 -65 fiscal year; total
estinated cost was $13,546.97. Since there is less than $5,000 left in the budgeted
fund for this fiscal year, it was suggested that further action be deferred at this
time. However. it is possible that the projects may be added to the present contract
of Skrla, Inc..before the completion of the approved improvements but within the
new 1965 -66 budget year.
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City Manaaer's Report - Continued
The Council will attend a briefing session on the City's Reappraisal program
Friday. August 13. 1%5 at 1:15 p.m. in the Council Room of the Baytown City Hall.
The Council will attend a breakfast meeting with members of Turner & Collie
Engineering firm on Wednesday morning, August 18th.
The City Manager was instructed to arrange a meeting between the City Council
and the Advisory Committee of the Human Relations Council to review the purposes
17 of the Committee, its functions and its relation to the City.
Adiournment
Councilman Barnes moved for the meeting to adjourn. Councilman Donnelly seconded
the motion. The ayes were unanimous and the Mayor Pro Tem declared the meeting ad-
journed.
Edna Oliver, City Clerk