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1966 05 12 CC Minutes9127 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 12, 1966 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, May 12, 1966 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Councilman C. M. Massey Councilman Don M. Hullum Councilman - A. M. Braswell Councilman and Mayor Pro Tem Albert Fanestiel Councilman Raymond T. Donnelly Councilman Seaborn Cravey Mayor Fritz Lanham City Manager George Chandler City Attorney Edna .Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered, afterwhich the Mayor called for the minutes of the regular meetings of April 13th and April 28th. Councilman Braswell moved to dispense with reading of the minutes. The following corrections were made to the April 13th minutes, namely: Canvassing Election Returns Delete name of Councilman Donnelly, had not arrived; Hearing Improvements Alabama Street Messrs. Norman, Gill and Reineke were heard but no formal protests were offered; Hearino Improvements Oak Addition Streets. After some further discussion with no formal Protests being offered, the Mayor ordered the hearing closed; City Manaaer's Report The Street leveling contractor is presently working on Lee Drive in an effort to re- move the dip. Councilman Dannelly seconded the motion, and the vote follows: Ayes: Councilman Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Petitions - Requesting Improvement of .Daniel Street - Participation Basis City Manager Lanham submitted petitions from residents of Daniel Street who own property ibutting upon the street and desire permanent improvement of the street on a property -owner participation basis. Ile asked that the Council accept the petitions but take no further action at this m eating since further checking must be done by the City because of the properties owned by the Missouri - Pacific Railroad Company. Based on the City's study up to this point, some of the right -of -way presently being used for street purposes is not a dedicated street but is owned by the M -P Railroad Company; this will necessitate negotiations between the City and the RR Company officials. Councilman Braswell moved to accept the petitions for further study. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, and Donnelly. Mayor Cravey' Nays: None Abstained: Councilman Fanestiel Conduct Hearing Annexation Strip S-P Railroad and FM Road 1992 rMayor Cravey opened the public hearing upon the proposed annexation of a ten foot strip along the Southern Pacific Railroad and along Farm Road 1992, and asked for an expression from those in the audience, if interested. There being no questions presented or objections offered, Mayor Cravey declared the hearing closed upon the aforementioned strip annexation, 4128 Public Hearing - Annexation Strip Alona Bohemian Hall Road Mayor Cravey opened the public hearing upon the proposed annexation of a ten foot strip along Highway 90 and the Bohemian Hall Road. He asked for an expression from those attending the meeting if any desired to be heard relative to the proposed annexation. There being no questions presented or objections offered, Mayor Cravey declared the hearing closed upon the aforementioned strip.annexation. Final Reading - Annexation Ordinance Strips Interstate No. 10 and Tri -City Beach Road Councilman Donnelly moved to adopt an ordinance, for final reading, upon the annexation of a ten foot strip along Interstate Highway No. 10 and a ten foot strip along the Tri -City Beach Road. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 789 -A AN ORDINANCE CONTAINING ORDINANCE NO. 789, INTRODUCED THE 5TH DAY OF APRIL, 1%6, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY.LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXA- TION 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." PROVIDING FOR THE FINAL PASSAGE OF . SAID ORDINANCE PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Resolution - Comprehensive Report Bernard Johnson - As General Guide The Council discussed the draft of a resolution accepting the comprehensive report prepared by Bernard Johnson Engineers. It was amended to reflect that this comprehensive report was to serve as a general guide, only. With this correction, Councilman Donnelly moved to adopt the resolution, as amended, accepting the Compre- hensive Report of Bernard Johnson, Engineers, Inc. as a general guide for orderly improvement of Baytown. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly ,Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 105 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FORMALLY ACCEPTING THE COMPREHENSIVE REPORT, AS A GENERAL GUIDE, FOR SUCH CITY PREPARED BY BERNARD JOHNSON ENGINEERS, INC.; AUTHORIZING AND DIRECT- ING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME TO THE BAYTOWN PLANNING COMMISSION AND BERNARD JOHNSON ENGINEERS, INC.; THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. Defer Action Appointment Equalization Board, 1966 The Council postponed action upon the appointment of a 1966 Equalization Board until a later meeting. 9129 Consider Extension Water Service Line - Station Corner of Highway 196 G Bowie Drive Gene Hazelwood, representing the developer of Bay Plaza Center, requested the Council to cooperate in the cost of extending a 2 -inch water main from the south east corner of the property line of the Bay Plaza Center to supply a service station wilx:h is being constructed by the Humble Company at the corner of Highway 196 and Bowie Drive. The Company owns both the property and the improvements thereon. The required extension will be approximately 150 feet and the Council was being asked to extend the line the first 100 -feet. At the December 28,. 1965 meeting, the Council had approved and authorized a cooperative one hundred foot extension of both water and sewer service mains for the Bay Plaza Center and was of the opinion that this extension was for the entire area, including the station which was under construction at the time, as the plat map showed the Humble Company's property line extending to the easement. On the basis of these facts, Councilman Donnelly moved to deny the request to extend the water main the first one hundred feet. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell and Donnelly Mayor Cravey Nays: Councilman Hullum Abstained: Councilman Fanestiel The Council will make a study of its present policy of bearing the cost of the first one hundred feet of a water or sewer main extension with the thought of making some modifications or possible cancellation entirely. Approve - Final Payment Contractor Water Tower Relocation Councilman Donnelly moved to approve final payment of $3,737.32 to Gulf Coast Industrial Contractors for the relocation of the Baker Road water tower, subject to the checking of the foundation for settlement after tank has been filled. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: Councilman Ball Protests - Alabama Street Delegation - Drainage W. J. Reineke, spokesman for a delegation of property owners abutting upon Alabama Street from Kentucky Street to Durain - Road, protested the grades for drainage being made on this section of the street and if not corrected now will prevent the alignment of the street and the existing driveways which will be an additional expense to the property owners over and above the front foot street assessment participation costs. A. J. Busch, Jr., engineer on the project, gave an explanation of the reasons for the change In grades having made additional study of the project after being requested to do so. He offered three solutions, namely; (1) Raise the curb on Kentucky; (2) Install storm sewer for more flexibility of grades; or (3).City participate in the cost of driveway modifications. The Council reviewed a map which set forth the drive- way problems on Alabama Street - in some instances as much as a 1 -1/2 foot drop. It was pointed out that the.Council and property owners were not fully informed of the depth of grade required to properly drain the Street and Mr. Busch readily admitted he was remiss in his duties to the Council by not pointing out the driveway problems on Alabama as he was made aware of them when he made a study of the area while employed as City Engineer. The installation of a storm sewer was given a cost estimate of $8,000; for raising Kentucky Street, $3,500; replace driveways, $2,520. The first choice was the installation of a storm sewer, secondly, the repair of driveways. Mayor Cravey was agreeable to finding some reasonable solution but opposed paying the cost of extending the repairs on private property. Other members of the Council also expressed concern as this could have serious repercussions as the street improvement program intensifies. Should the Council approve the participation in the cost of repairing drive- 1 ways, it should be clearly stated that this is being approved in order to correct an uninformed drainage problem; the city has no intention of adopting as a standard poliy. Henceforth, petitions shall set forth that after streets are set on grade according to good engineering practice, the City will only construct 18- inches behind curb. Any modification of driveways are excluded by the City, such improvement to be the sole 4130 responsibility of the property owner. After some further discussion, Councilman Braswell moved to raise the curb on the south side of Alabama Street four (4 ") inches at the in- tersection of Kentucky and Alabama; rework the east side of Kentucky from its high point down to the intersection of Alabama; rework driveways on Alabama where there i.s an average difference in elevation exceeding eight (8 ") inches from sidewalk to the flow line of gutter for a distance of six (b') feet back of curb line. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Braswell, Fanestiel, Hullum and Donnelly Nays: Councilmen Massey and Ball Mayor Cravey Ordinance - Creating Parks and Recreation Board - Advisory Capacity The Council reviewed the draft of an ordinance creating•a Parks and Recreation Board for the City of Baytown. The draft provided for a five member Board but recently the Mayor had presented names for a seven -man Board and the Council had approved his selection. The draft was then amended to provide for a seven -man Board, with a change in the number appointed each year and eliminated the provision of being a qualified voter from the qualifications. With these amendments, Councilman Massey moved-to adopt the ordinance creating a Parks and Recreation Board, as amended. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: Nones The caption of the ordinance follows: ORDINANCE NO. 795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING A PARKS AND RECREATION BOARD; THAT SUCH BOARD SHALL BE CHARGED WITH THE DUTY AND RESPONSIBILITY OF ADVISING THE CITY COUNCIL OF ALL MATTERS CONCERNING THE CEY'S PARKS AND RECREATIONAL FACILITIES; PROVIDING FOR TERMS OF OFFICE AND QUALIFICATIONS OF BOARD MEMBERS; PRESCRIBING RULES OF PROCEDURE FOR SUCH BOARD AND ENUMERATING, FOR GREATER CLARITY, CERTAIN FUNCTIONS WHICH COUNCIL FEELS THAT SUCH BOARD SHOULD UNDERTAKE; REPEALING ORDINANCES IN- CONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Report - Trig Fort Worth - Mayor and City ,Manager Mayor Cravey gave a brief report on the results of a conference held with Mr. Huber, head of the regional office of the Department of Housing and Urban Development-in Fort Worth on Wednesday, May 11th. The City Council had been advised of the possibility of the City of Baytown obtaining federal funds under PL 117 and he and City Manager Lanham had gone to Fort Worth relative to the amended application filed by Turner, Collie G Braden, Engineers, at the request of the City Council. Mr. Huber advised them that Baytown is in every way eligible for the funds for the sewer system improvements by reason of its recent studies however the law stipulates that the recommendations for funds must first meet the approval and bear the signature of the Regional Planning Commisssion. In this area, we not only do not have a•Regional Planning Commission but neither have the boundaries of the region been defined. There has been discussion in terms of seven or four counties or possibly the City of Houston as a designated region but no definite organization has been formulated, therefore the City of Baytown has been declared ineligible because of this technicality. It was suggested that possibly Baytown should pursue the request at a higher level than the District office at Fort Worth. ° Mayor Cravey excused from meeting. Resolution - Transfer of Funds Councilman Fanestiel moved to adopt a resolutim transferring $1,743.72 within the Library budget to pay salary of part -time clerk as approved by the City Council 9131 on December 9, 1965. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Pro Tem Braswell Nays: None Set Meetina - Management of Industries - Review Tax Structure Councilman Donnelly moved to set up a series of meetings with the management of w the various industries within the city limits of Baytown to review their tax structure with them in order to determine if their company is paying a fair tax rate to the City. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Pro Tem Braswell Nays: None The Administration was instructed to advise the Tax Assessor to compile all necessary data to update the present council on the system of structure used by the tax assessor in the past in deterring previous assessments for industry. This data must be reviewed with the Tax Assessor prior to the series of meetings. Unfinished Business .Councilmen Hullum asked for a detailed report on the water production including charts and graphs of the flow, amount of water pumped, number of customers over the period of the last three years and other relating data as he is still of the opinion that something is being overlooked relative to the increase of revenue in water collections. Councilman Donnelly. Ball and Engineer A. J. Busch. Jr. were appointed as a Committee to study long -range plans for solution of the traffic problem which presently exists at the intersection of North Main, Midway and Harold Lane. It was pointed out that there is an urgent need for an immediate solution; this will be assigned to the present Traffic Committee for study. It is possible that the signalization equipment recommended for use in the long -range program may be adapted to use by the Traffic Committee on a short -range basis. Mayor Pro Tem Braswell asked the Administration to investigate the possibility of securing a drainage easement from property owners along Bayshore Drive of sufficient size to install a culvert, possibly under Bayshore Drive, which will drain a low area where water is trapped because it has no drainage outlet. He also reviewed complaints of water line corrosion in homes in Roseland Oaks, Eva Maude and Graywood areas and flooded sanitary sewers on Florida Street. (, Mayor Pro Tem Braswell reviewed a proposal submitted by Eddie Gray and Truman D. Cox, owners of property abutting upon Park Street to the south, for relocation of a County drainage ditch which is presently on their property. They proposed the relocation to be on city or county property. In return Gray and Cox would dedicate a twenty (20') foot additional right -of -way along Park Street for the installation of the culvert, will pay one -half the cost of pipe which has a total estimated cost of $20,000 and asks the city to participate im an amount of $10,000 in providing culvert in the ditch from Pruett, west toward Goose Creek Stream. Prior to this presenta- tion, the Council had heard a protest from B. B. Williams, local businessman, who sub- mitted maps and disputed the ownership claims made by Gray and Cox to a portion of the land included in a proposed right -of -way dedication. At that time the City Attorney had advised getting a copy of a warranty deed from Gray G Cox before any cooperative expenditure is made by the City of Baytown. At the April 13th meeting, outgoing Council- man Robert Barnes, who headed a Committee assigned to negotiate with Gray G Cox for a right -of -way dedication for the Garth Road extension reported that the committee and the property owners were not Jhle to reach an agreement and recommended an appraisal. It was the opinion of Mayor Pro Tem Braswell that the City would benefit by accepting the proposal as it would have the drainage ditch located offof private property, would have an easement and a covered ditch, would have an additional 20 -foot right -of -way for the expansion of Park Street when, and if, needed. Councilman Donnelly agreed that this may be correct but he first wanted to see some facts and figures, appraisals and other relating data before making his decision. It was agreed to defer further action until the special meeting, Monday, May 16th. 4132 City Manager's Report Copies of a draft of an ordinance regulating the installation of signs, billboards, etc., in the City of Baytown were passed out to members of the Council for study. It will be placed on the agenda for the next regular meeting; the Chairman of the Com- mittee will be present to answer any questions the Council may have to offer during the review. Approve Payment - Emergency Sewer Line Installation Project - East Pearce Councilman Donnelly moved to approve payment of $14,161.00 to Bayshore Constructors for installation of two blocks of sanitary sewer main in the vicinity of East Pearce, 17 Second and Third, said project being authorized by the Council at its April 5th regular meeting. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Pro Tem Braswell Nays: None Ordinance - Littering Mud, Sand and Gravel Due to an error in publication, Councilman Donnelly moved to adopt, for a second reading, an ordinance making it unlawful to operate any vehicle in such a manner as to deposit, litter or drop dirt, sand, mud, and other debris upon the public streets and providing for a penalty if violated. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Pro Tem Braswell Nays: None The caption of the ordinance follows: ORDINANCE NO. 794 -A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN MAKING IT UNLAWFUL TO OPERATE ANY VEHICLE UPON THE PUBLIC STREETS AND RIGHTS -OF -WAY OF THE CITY OF BAYTOWN IN SUCH A MANNER AS TO LEAVE, DEPOSIT, LITTER, DROP OR OTHERWISE PLACE DIRT, MUD, SAND, GRAVEL, SHELL, CLAY, BRICK, LUMBER, CONCRETE, REFUSE, DEBRIS OR BUILDING AND CONSTRUCTION MATERIALS ON SAID CITY'S STREETS AND RIGHTS -Of- WAY; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Hearing - Enlargement West Main Sewage Treatment Plant - May 24th City Manager Lanham reported that he had received notice that the hearing before the Texas Pollution Control Board for the enlargement of the West Main Sewage Plant has been set for Tuesday. May 24. The Board will recommend approval - someone from the City will attend the hearing session. City Manager Lanham reported that he had received a letter from the Southern - Pacific Railroad Company officials in answer to an inquiry, dated September, 1965, requesting permission to cross their property with an extension of South Gaillard Street from West Republic to Stimson Street. This connection had been desirous in order to eliminate a bottleneck in traffic presently existing at the Horace Mann and Ashbel Smith Schools. The letter stated that the survey had been completed and there would be a cost to the City for crossing their tracks of $12,539.00 to provide auto- matic gates with flashers. Mr. Lanham reminded the Council of the Institute for Mayors, Councilmen and Commissioners which will be held in Austin from June 19 -21. If any Councilmember wishes to attend the session, Mr. Lanham offered to make the proper reservations in advance of the registration period. 4133 City Manager's Report Continued Mayor Crevey received notice of a Texas Clean Water Institute which will be hdd in Houston on May 22nd -23rd. Mr. Schwenke, with the County Right -of -Way Department, has notified Mr. Lanham that he has requested the Commissioners Court to approve an appraisal contract with Mr. Fontana to make the third appraisal on North Main properties. If the Court approves his request, he indicated that Mr. Fontana can proceed _ immediately on the project. Request - Return Equipment Bayshore Rod G Reel Gun Club The Council discussed the contents of a letter received from Grover Edge. President of the Bayshore Rod G Reel Gun Club, in which he requested the.return of equipment seized by the Baytown Police Department in connection with a raid on premises of the Club in February, 1966. The Grand Jury of Harris County no- billed all Directors of the Club in April, 1966, and it is the feeling of the Directors that the equipment should be returned. Since the Council has no authority to return the items confiscated, Councilman Ball moved to instruct the Administration to notify the Justice of the Peace Court that, unless there is some legal prohibition, the Council would like to see the equipment returned to the Directors of the Baysbore Rod G Reel Club. Councilman Donnelly seconded the motion. The vot a follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Pro Tem Braswell Nays: None Orientation Meeting - Councilmen and Department Heads The Council and Department Heads will hold an orientation session on Monday, May 23rd at the City Hall. The meeting will start at 1:00 o'clock p.m., and continue throughout the afternoon. Adjournment Councilman Fanestiel moved for the meeting to adjourn. Councilman Hullum seconded the motion. The ayes were unanimous and the Mayor Pro Tom declared the meeting ad- journed. Fdna Oliver, City Clerk r