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1966 01 27 CC Minutes4066 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 27, 1%6 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, January 27, 1%6 at 6:30 p.m.. in the Council Room of the Baytown City Hall with the following members in attendance: C. M. Massey Councilman A. M. Braswell 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: Robert Barnes Councilman The Mayor called the meeting to order. the Invocation was offered, afterwhich, he called for the minutes of the regular meeting of January 13th and the Special meetings of January 11th and 19th. Councilman Donnelly moved to dispense with reading of the minutes; they be approved as submitted in written form. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell. Huron and Donnelly. Mayor Cravey Nays: None Joe Brack - Rearesentina Baytown Home Builders - Wood Shinales Joe Brack. local attorney representing Baytown Home Builders. appeared before the Council to discuss the action of the Council at the recent meetings of January 13th and 19th regarding the use of wood shingles. Prior to his presentation. Mayor Cravey explained the position of the Council relative to the use of wood shingles in the residential areas. The Council is aware of the desirability of using wood shingles but have formed an opinion, based upon information received and understood, that if the City reaches a saturation point of 25% wood shingles in the residential areas, everyone will be penalized on his fire insurance - both residential and commercial. At the January 13th meeting, when they were informed that the 25% saturation point had been reached, they immediately instructed the building department to refuse to Issue building permits with wood shingles and instructed the City Attorney to prepare an ordinance eliminating their use. Since that date, insurance company representatives have contacted the Administration with the information that, in their opinion, the use or woos sningtes over the zax The Council (fist took the positi lize everyone else, it would seri their use by ordinance. Now, if not penalize everyone, there is s inclined to allow the use of wood charges and credits in the analys with a schedule showing increase increase upon home owners. The c the explanation offered by Mr. Br shingles roofs to 40% and there w insurance in Baytown. If the wo percent, there would be a one -cen one hundred dollar fire insurance city would then have a 26 -cent ke insurance rates for home - owners i those located within the central because we are in the hurricane b the things that determine our key of wood shingle risks in the past ration woula not penalize reslaenviei properly9 in that if the 25% use of wood shingles did pena- iusly consider the possibility of discontinuing :he other information is correct and such use would ime indication among the Council that they would be shingles. Mr. Brack submitted copies of the .s of the key rate for the City of Baytown together .n ratio of combustible roofs and the effect of lty presently has a key rate of $0.24 and according to ick, the City could increase it proportions of wood Auld be no increase in the key rate of the fire id shingle roofs increased from 40 percent to 70 increase, the key rate would be $0.25 per each coverage. Should the roofs increase over 75%, the r rate. He also presented charts showing that the i the seacoast territory is somewhat higher than inland territory but this increase is brought about ilt, not the wood shingle roofs. He pointed out that rate are our fire fighting apparatus, the history few years and the loss experience of a city or town. 4067 After some further discussion on the part of the Council, it was agreed that the City will continue to operate under the city's present ordinance until after February 24th in order to give other interested parties an opportunity to be heard regarding the wood shingle roofs, if they so desire. George McGehee - Exception Oil Drillina Ordinance Mr. George McGehee, an oil operator, submitted a request for an exception in Section 15- Subsection No. 10 City's Oil Drilling.Ordinance, which requires a minimum of twelve (1200) hundred feet of surface casing, and asked permission to set 600 feet of surface pipe and use a multistage cementing tool in lieu of the additional 600 feet of surface pipe. The well he proposes to difll will be a 3000 foot well and it will be located in the old Goose Creek field adjacent to the Gulf Petroleum Dock area. It will be on a land location but must be side - tracked in order to bottom it on his lease which is a portion of the old Goose Creek channel and will be extremely' difficult to set the 1200 feet of casing. Should he be permitted to set the 600 feet of surface casing and then use the multi -stage cementing tool, the alta loma sands would be protected. Since Mr. McGehee had served on the committee which drafted the present oil drilling ordinance, Mayor Cravey asked if he thought the Council should .amend its present ordinance to require only 600 -feet of surface casing and permit the use of the multi -stage cementing tool. He replied that where he proposes to set the 600 feet is already in a contaminated area, the old oil field, but in the thickly populated residential areas the twelve hundred feet should be required. After a lengthy discussion, Mayor Cravey suggested an amendment to the present ordinance which would permit a public hearing on any special request to deviate from the twelve (1200) foot requirement. Then it would be possible to make an exception after showing good cause. Councilman Braswell moved to grant him permission to set 600' of surface casing, completing the remaining footage with the multi -stage cementing tool subject to amending the ordinance and providing for some appelate procedure for similar cases. However, it was declared dead by Mayor Cravey for want of a second. Councilman Donnelly then moved to instruct the City Attorney to prepare an amendment to the ordinance, for council consideration at the next regular meeting, which wwfll provide for an appelate procedure to the drilling ordinance. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: Councilman Massey Even though the appelate amendment may be adopted, the Mayor informed Mr. MCgehee that this was no assurance that the Council would relax the 1200 -fat surface casing requirement. Jerry Richardson - Refund Impoundina Doo Fee Jerry Richardson, 107 Morrell Street, appeared before the Council to ask a refund of $20.00 which he was charged after his dogs were picked up by the animal warden. He charged that no one notified him that his dogs were out in the neighborhood, his wife was working away from home and he too was on the job. Mayor Cravey sympathized with him but informed him that the Council could not make such a refund as this was the fee provided in the ordinance. Too, according to the city's ordinance, the warden is not required to notify animal owners, however,.the council will study the ordinance and possibly include a providion for notifying owners of dogs when a dog has been picked up, is impounded, and he he a collar and tag identifying him and owner. The warden will be instructed to call and notify the owner of the impoundment of the animal. Codification of Ordinances Mr. C. Crutchfield, Field Representative for the Municipal Code Corporation, attended the meeting to discuss the codification of city ordinances. He also submitted copies of•a proposal for the codification which.included revision or re- writing ordinances, repealing obsolete provisions, footnotes and cross references, history notes, index, provide editorial conference, galley proffs to city and-after approval of the maunscript by the City Attorney at the editorial conference, the Corpo- ration will proceed to print the proposed new Code. The approximate cost to the city will be $4,500.00 based on a completed Code not to exceed three hundred (300) pages 4068 In the event the completed Code exceeded 300 pages, a charge of Seven Dollars & Fifty Cents ($7.50) per page will be made to cover all pages in excess of the 300 pages; if the Code is less, the same per page rate will be deducted from the total cost for each page less than 300 with payment of one -third upon signing the contract; one -third upon submission of the manuscript to the City at the editorial conference; and the balance upon final delivery of the completed Codes to the City. In supplement service the charge will be $9.50 per page. Councilman Donnelly moved to approve the execution of a contract with the Municipal Code Corporation of Tallahassee, Florida to codify the ordinances of the City of Baytown. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Hullum, Mayor Cravey Nays: None Appoint - Ordinance Committee Braswell, Hum, Massey and Donnelly. In view of the fact that ordinances will have to be reviewed in.connection with the codification, Councilman Donnelly moved to appoint an Ordinance Committee to work with the City Attorney and Mr. Crutchfield in this matter of processing and eliminating. Councilman Braswell seconded the motion. The.vote follows: Ayes: Councilmen Massey, Hullum, Braswell. Huron and Donnelly. Mayor Cravey Nays: None Ordinance - Annexation Strip Tri- City Beach Road and Interstate 10 Councilman Donnelly moved to adopt an ordinance providing for the annexation of a ten foot strip two miles on State Highway No. 73, and two miles on Tri -City Beach Road. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 769 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 4.84 ACRES OF LAND. WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Thefinal reading of this annexation ordinance will be March 10th. The City. Attorney will then set up another Public Hearing after this date to go another two miles since the city is not annexing any taxable properties. just the highway easement. Insofar as controlling subdivision development, the ordinance will be written in such manner as to waive the strip annexations and state the control will be within a 2 -mile limit of the city limits proper.. Election Ordinance Councilman Hullum moved to adopt an ordinance ordering a municipal election to be held on the 5th day of April, 1%6 for the purpose of electing three (3) councilman from Districts 1. 4 and 5, respectively. Councilman Hullum moved to adopt the ordinance as read. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell. Huron and Donnelly. Mayor Cravey Nays : None The caption of the ordinance follows: 7 4069 ORDINANCE NO. 770 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF APRIL, 1966, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE, FOUR AND FIVE; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Councilman Donnelly gave a report on the Joint Election Committee for City. School and College which was held on January 25, 1966. The following tentative agree- ments were made: 1. The City will not participate in any joint election for the year 1966, due to conflicts caused by the Democratic and Republican primaries. The City may be able to participate in 1967. 2. The School District and Junior College District will hold joint elections in 1%6. 3. The costs will be shared equally. 4. Each body will canvass its own returns. 5. Single ballot form will be used. 6. One central point for judges to turn in the returns. It is the recommendation of the Committee that the, City hold its elections in 1966 as prior years. Ordinance Establishing Speed Limits - Spur 330 Councilman Braswell moved to adopt an ordinance establishing speed limits during construction on a portion of Spur 330 from Baytown west city limit at Spring Gully to a point 1,000 feet west of Bayway Drive. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Huron and Donnelly. . Mayor Cravey Nays: None The caption of the ordinance,follows: ORDINANCE NO. 771 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF SPUR 330 WITHIN THE CITY LIMITS OF BAYTOWN, TEXAS, REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Consider Reguest Baytown Hospital - Construct Temporary Metal Building Fire Zone 1 The City Manager submitted a request from the Baytown Hospital for permission to build a metal clad building on the east side of the hospital to be used temporarily for storage. Since the hospital is in the No. 1 Fire Zone, a thorough investigation was made and It has-been learned that no exceptions have been made in this Zone. It was the recommendation of the City Manager that the City not deviate from the Fire Zone No. 1 restrictions. Councilman Donnelly moved to accept the recommendation of the City Manager. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell. Huron and Donnelly. Mayor Cravey Nays: None Ordinance - Creating the Baytown Air and Water Conservation Board Councilman Donnelly moved to adopt an ordinance creating the Baytown Air and Water Conservation Board which will be charged with the responsibility and duty of making studies, compiling data and doing everything in its judgement which would be helpful in eliminating and preventing further pollution in and near the City. 4070 Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 772 AN ORDINANCE OF THE CITY OF BAYTOWN, CITY COUNCIL, TEXAS," CREATING THE BAYTOWN AIR AND WATER CONSERVATION BOARD; PROVIDING FOR ITS MEMBERSHIP,, QUALIFICATIONS OF BOARD MEMBERS AND TERMS OF OFFICE; PRESCRIBING THE AUTHORITY AND DUTIES OF SUCH BOARD; RE- PEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Tom Masterson - Sale of Bonds City Manager Lanham discussed the question of how many bonds should be sold .this year, since the Council had.discussed this briefly at the last-meeting. The•original plan provided for the sale of $3,015,000 in bonds for this year - $300,000 having already been sold. At this last meeting there was some discussion relative .to selling all of the bonds that were authorized and placing this money on time deposit in the city's depository at 510. At this meeting Mr. Masterson submitted copies of an analysis of effect of sale of all voted general d) ligation bonds, showing an interest rate of approximately 3.6 per cent, reduction in Gross interest cost and change in Interest rate needed to equalize. He had no recommendation to offer the council relative to the sale of the entire amount. However, he did stress a deviation from traditional sale of bonds as needed. Mayor Cravey favored the full sale at this time as he felt that the interest rates will rise thus the city will pay more when the remaining bonds are sold; Mr. Masterson was of the opinion that the City would now get the same rate of interest if it sold the portion projected for this year, or the entire issue. After some further discussion, Councilman Donnelly moved to approve the sale of $2,490,000 Bonds, $1,740,000 - General Obligation and $750,000 Revenue Bonds. This will be $800,000 - street improvement bonds, $300,000 - City Hall; $590,000 for Community Center, $50,000 for water systems improvements from General Obligation Bonds and $750,000 for improvement of the sewage-disposal system. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Huron and Donnelly. Nays: Mayor Cravey The ordinance calling the sale of the bonds on February 24th will be presented at the next regular meeting. Unfinished Business Mayor Cravey reported that he has tentatively selected five (5) citizens to serve on the Recreation Center Advisory Board but he wants to consult with Councilman Barnes and the Parks Committee before making his selection public. The City, Attorney has prepared a tentative draft of. an ordinance creating such a Board, also. Councilman Braswell urged the, naming of a Committee to. work on an up -to -date building code for the .City of. Baytown as has been suggested by Bernard Johnson, Engineers, the City's Planners. The City Manager is still making his investigation on the proposed use of tranquilizing guns in the Humane Department. Report - North Main Espanade Councilman Braswell, reporting for the Committee studing the espanade on North Main, presented a recommendation to deviate from the original construction plans submitted to the voters and recommended by the City Planners. This plan proposed an espanade. type street for North Main and the Committee has made every effort to present a plan for this type street but the function of servicing business houses 4071 Minutes Baytown City Council January 27, 1966 and connecting feeder streets make it impossible to design an espanade type street and provide cross street services as required because of the 80 -foot Right -of -way and 14 -foot espanade. Many of the business houses on North Main are serviced by large van trucks and it is impossible to make a left "U" turn, neither can the trucks go down to an abutting street and make a block as there are no abutting streets in many cases. It is the recommendation of the Committee that the espanade be omitted and an industrial street -48 -feet wide with two (2) 12 -foot lanes on each side be constructed. Traffic signal lights could be installed at Harold Lane, Bob Smith Road and Massey Tompkins Road for traffic control. The Committee also recommended that the Council continue with its plans to purchase the 80 -foot right -of -way and could be used to widen lanes and possibly provide a recess island for traffic turning left. In its study. the Committee decided that North Main could not be classified as an artery for fast moving traffic but proposed that it carry a 30 -mile speed limit and Garth Road, with the espanade, could be classified to carry the fast moving traffic. The Council dis- cussed the proposal but took no formal action. It will meet with the Citizens Committee and discuss the proposed deviation from original plans before a definite decision is made. The City Manager was instructed to arrange such a meeting. Traffic Committee Jack Huron, Chairman of the Traffic Committee, gave a report on the activities of the traffic committee regarding the completion of the Traffic Signal requlation change at Carnegie and Market, study of loading and unloading at Robert E. Lee on Carnegie and the installation of 4 -way traffic stop sign at the intersection of Felton Street and West Sterling. Also, brush cutting at the intersection of Fourth and Gulf. Ordinance - Operation of Aircraft City Limits Councilman Braswell moved to adopt an ordinance regulating aircraft flying within the corporate limits in order to prevent ever present danger to the safety, health, life and general welfare of the citizens. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 773 AN ORDINANCE REGULATING THE OPERATION OF AIRCRAFT OVER THE CITY OF BAYTOWN; REPEALING ORDINANCES INCONSISTENT HERE- WITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS ($200.00) AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Petitions - Oak Addition Streets City Manager Lanham reported upon the check list of signatures for improvement of streets in Oak Addition; all but three have the necessary 65%, these are Bookertee with 6296; Johnson under 50% and Oak Street under 50%. Since Oak Street is the feeder street, it was suggested that some method of compromise be reached to permit the im- provement of this street. It was suggested that the percentage requirement be lowered or the Council assume the responsibility of picking the streets to be improved with the bond money. Councilman Donnelly suggested either having a high majority of property owner signatures or void this approach and let the City decide which streets should be improved based on need, on a participation basis. He then moved to eliminate the participation policy and go to participation street improvement based on needs as determined by the City Administration however, his motion was declared dead for want of a second. The Council agreed to proceed with the improvement of the streets that have the 65% property owner signatures but it will be necessary to make another attempt to get adequate participation on Oak Street to properly drain the area. Councilman Braswell suggested that the percentage be lowered since the street bonds have been approved for over a year and these are the first petitions to be presented by citizens desiring to improve their neighborhood. Councilman Huron moved to lower the percentage 9072 Minutes Baytown City Council January 27, 1966 requirement on the street improvement participation program to fifty -one (51%) percent. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell and Huron Mayor Cravey Nays: Councilman Donnelly. Adiournment After a few other minor discussions, the motion was made and seconded that the ' meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. 1 . (:� rk "I Edna Oliver, City Clerk 1