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1966 10 13 CC Minutes4223 MINUTES OF THE REGULAR MEET- ING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 13, 1966 The City Council of the City of Baytown, Texas, met in regular session on Thursday, October 13, 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 Raymond T. Donnelly Councilman Albert Fanestiel 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 he called for the minutes of the special meetings of September 12th, 14th and 16th and the regular meeting, September 22nd. September 22nd correction - Traffic Committee was assigned recommending signalization of the SPRR grade crossings, Council will review, grant approval will be forwarded to an official of the SPRR; With this correction, Council Braswell moved to approve the minutes as corrected. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Hullum, Fanestiel and Donnelly Mayor Cravey Nays: None Announcement Funeral Homes to Stop Ambulance Service - November 30th Mayor Cravey introduced and read a letter signed jointly by Joe Speck of. Earthman Funeral Home and Billy Ainsworth of Paul U. Lee Funeral Home, announcing their intention to cease to offer ambulance service to residents of Baytown, east Harris County and west Chambers County after midnight, November 30, 1966. In the letter several factors were enumerated which had led the operators of the funeral homes to make this decision - (1) high cost of operating, (2) lack of competent help, (3) non = payment for service rendered, and (4) feasibility of operating under the new wage and hour law which does not effect funeral company employees, but if an funeral company employee spends 20 per cent of his time on ambulance duty, he is under the wage and hour law and must be compensated as such. The letter suggested that a privately owned ambulance service be considered, or the City of Baytown operate an ambulance service. Tom Drummond, a local resident, has approached the business managers of both funeral homes on the possibility of taking over the ambulance service for Baytown provided he can get (1) the City franchise, and (2) some of the larger industires in the city to help him in the form of subsidies. Billy Ainsworth, who attended the meeting, explained that neither firm wanted Baytown to be without ambulance service but this problem is not local. Ambulance service cannot carry its own overhead without a subsidy in an area such as is covered presently. There are so many calls received from patients who cannot afford to pay and then many calls are made by the recipients or close relative will not pay after the service is rendered and funeral homes have no way of forcing payment. Mr. Drummond, who was present, explained that he has had considerable experience in making collections and he estimated a 70 per cent collection ratio against the present 49 to 51 per cent. The Directors of the funeral homes offered their assistance in helping the City Council establish a service that the Council considers feasible for ambulance service within the area. Mayor Cravey appointed Councilman Braswell and Donnelly and City Attorney Chandler to work as a committee with the two funeral homes directors in an attempt to establish feasible ambulance service prior to the present expiration date of November 30, 1966. 4224 Consider Wye Drive Paving Proiect Only two bids were received on the paving of Wye Drive. They are tabulated as follows: Brown & Root, Inc. $31,561.60 Gulf Bitulithic Company $40,542.00 The estimate prepared by the engineer was $31,110.00 for this paving project. Mr. Busch recommended awarding the contract to Brown & Root on the basis of the low bid. Councilman Donnelly mentioned the water pockets presently existing on the Garth Road extension which was constructed by Brown e Root. Mr. Busch stated that final payment has not been made to the contractor on the project and the water pockets will be corrected before final acceptance is recommended. Councilman Donnelly expressed opposition to making the award of the Wye Drive paving project to the low bidder, if this is a sample of his road construction. After some discussion, the City Manager introduced and read an ordinance ratifying action heretofore taken on the improvement of Wye Drive, accepting the bid of and awarding the contract to Brown & Root, Inc. for the construction of the street and setting a hearing date of October 27, 1966 for the benefit of all owning or claiming interest in property abutting upon the proposed improvements. Councilman Braswell moved to adopt the ordinance as read. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Fanestiel Mayor Cravey Nays: Councilman Donnelly (Lack of good workmanship on Garth Road) The caption of the ordinance follows: ORDINANCE NO. 833 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WYE STREET, FROM THE WEST PROPERTY LINE OF NORTH MAIN STREET 1042.68' TO THE WEST PROPERTY LINE OF THE Y.M.C.A. TRACT OF LAND IN THE CITY OF BAY - TOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROW AND ROOT, INC., FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID 0NTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; ORDERING THAT A HEARING BE AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPER- TIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OWNER MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING 1:OR THE EFFECTIVE DATE HEREOF. Hold Hearing - Annexation FM Road 1942 and Bohemian Hall Road Mayor Cravey opened the publc hearing upon the proposed annexation of a ten - foot strip along FM Road 1942 and along Bohemian Hall Road. He asked for an expression from any in the audience who may want to be heard, either for or against the annexation. No one asked to be heard and Mayor Cravey declared the public hearing closed upon the proposed additional ten -foot strip annexation. Lowell Lammers - Status Report - Construction - City Hall and Community Center Lowell Lammers, architect, gave a construction report upon the work accomplished on the City Hall and Community Building. The entire lower level concrete work has been completed on the City Hall, all footings have been poured, approximately 10% of the grade beams are formed and steel is placed, rough -in plumbing approximately 75% complete. On the Community building the grade beams are approximately 95% complete, 100% of the rough -in plumbing in ground and is stubbed out. underfloor raceways, ducts and conduits 85% complete in building and 100% complete in areas where fill is ready for the pouring of the floor slab. 9225 Representatives - Plumwood Garden Club - Adams Ditch Representatives of the Plumwood Addition Garden Club appeared before the Council regarding the Adams Street Ditch. In August, 1965, a group appeared before the Council to stress the need of Council support in the presentation of a petition to the Floor Control Dist. relative to installing storm sewer pipe in this ditch or covering same, whichever was most feasible. The Flood Control District took the position as always of furnishing manpower and equipment to install the pipe, if the pipe is furnished by another party or-parties. Cost estimates were then prepared for-material to construct a storm sewer in the ditch and the total estimates from Strickland to Narcille Street was $36,321.90. Mayor Cravey reviewed the study that has been made, and assured the group that the City was aware of the condition and the need which presently exists but funds are not available in this year's budget to un- dertake such a major project. Property owner participatim was suggested; also, a bond issue. Councilman Donnelly suggested getting estimates on sloping and cementation of sides. Another problem that was discussed was maintaining the ditch which the county has not done and this provides a health hazard to abutting home owners. After some further discussion, the Garden Club was asked to make a survey of the area to learn what degree of participation might be favored. The City Administration will investigate other ways of fixing the dicth at a possible less cost than the installs tion of storm sewer pipe. Gulf Oil Corporation Representative - Request Permission Drill Well Shallow Depth Representatives of Gulf Oil Corporation requested the Council to grant an exception to Section 15, Article 10 of City of Baytown Ordinance No. 671 in order for the company to test and /or produce an oil well at a depth shallower than the required 1200 feet. The proposed depth was 850 feet as the well had been plugged in 1949 because of oil depletion and it was the opinion of the engineers of the Company that this depth would not endanger the fresh water sands in the area „ especially since the proposed drilling will be located within a fault area. A copy of a letter from the Texas Water Commission was presented which stated that the electrical log, history of completions and proposed method of completion of the well had been examined and the Commission is of the opinion-that all fresh water sands in the interval from 1200 feet to the bottom of the surface casing at 832 feet will be adequately protected in the well. When the ordinance was drafte d and adopted in 1963, the Council was told that no exceptions should be made to the ordinance if they wanted to protect the water sands of Baytown, and it was suggested that the proposal be reviewed by some of the local water experts for an opinion before further action is taken by the Council upon the request of Gulf Oil Corporation. The representatives were agreeable to this suggestion, so Mayor Cravey appointed Councilman Braswell and Fanestiel as a Committee to make further investigation and discuss the proposal with local experts. This will be done in the interim and a'report will be made at the next regular meeting, October 27th. Bill Stipe - Median at Park Street and Garth Road Bill Stipe, owner of the Tex -Gas Service Station located on the northwest corner of Garth Road and Park Street intersection reviewed the existing problems encountered by customers and trucks servicing the station. The channelization and use of concrete dividers prevents southbound traffic on Garth Road from entering the station and due to the angle of the gas pumps, customers must exit on Garth Road. Should they wish to go west, they must go one block north on Garth, turn right and go east one block, then turn right and go south to Park Street in order to continue west as originally planned. Too, the height of the dividers now in use. prevent trucks from crossing Garth to the left and the divider is so located as to prevent any trailer truck from proceeding north on Garth without having to straddle the divider. It is then hard to pull into the right hand lane as the truck must-cross over the divider the second time. It was suggested that the present divider be removed and buttons be installed for channellization, but this would constitute a problem since some do not observe the button markings. Too, the Garth Road right of way is extremely narrow for a thoroughfare of this type and trucks have difficulty on right turns due to the short radius at this corner. After some discussion, the problem was referred to the Traffic Committee for its study. They will conduct an intensive study and take whatever steps deemed advisable to ease the existing problem without further authorization from the Council. Minutes Baytown City Council October 13, 1966 Support - Report of the Central Business District Study Committee 4226 The Council reviewed the results of the work which had been done by the Texas Avenue Downtown Development Committee and the impressive proposed improvements which were presented to members of the Council and other interested parties at a recent meeting. This committee has completed its ground work and the-carrying out of the program has been passed to the Central Baytown Business and Professional Association, headed by Herbert V. Herbert, President. Councilman Ball moved to draft a resolution commending the members of the Texas Avenue Downtown Development Committee, including all members names, for their work and cooperation in this study and pledging the Council's support to the new Committee in its efforts to systematically effectuate the proposed program. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Donnelly and Fanestiel Mayor Cravey Nays: None Final Payment Bayshore Constructors - Mapleton Avenue Force Main Project Councilman Braswell moved to accept the recommendation of the City Manager and authorized final payment of $457.88 to Bayshore Constructors, Inc. for construction of the Mapleton Avenue Force Main. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Second Reading - Annexation 10 -foot Strip FM Road 2354 City Manager Lanham introduced and read an ordinance, on second and final read- ing, annexing a ten -foot strip along FM Road 2354. Councilman Donnelly moved to adopt the ordinance as read. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, ,Massey, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 809 -A AN ORDINANCE CONTAINING ORDINANCE NO. 809, INTRODUCED THE 25TH DAY OF AUGUST, 1966, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 4.8 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINGS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN," PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE PURSUANT TO ARTICLE I. SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Ordinance - Calling Hearing Additional Annexation of Ten -Foot Strip FM Road 2354 Councilman Ball moved to adopt an ordinance calling for a public hearing orn October 27, 1%6 on the proposed annexation of an additional 10 -foot strip along FM Road 2354. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. 7 Mayor Cravey Nays: None The caption of the ordinance follows: 9227 Minutes Baytown City Council October 13, 1966 ORDINANCE NO. 839 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Modify Plans Improvement Daniel Street - Eliminate Curb and Gutter - RR Property A. J. Busch, engineer, discussed the results of a meeting with the Missouri Pacific Railroad Company regarding the paving of Daniel Street, a project which the Council has approved. In order to pave the street, including curbs and gutters, the Railroad Company will have to lower a section of the track as much as one foot in one section where the street is entirely on railroad property. The Officials of the Company have asked that some modification be made to the original plans to eliminate curb and gutter on this portion which is located between Oak and Youpon Street, and upon which the railroad company will be paying the entire cost of the improvements. The request was discussed at length, afterwhich, Councilman Ball moved to eliminate the curb and gutter on the block that is not a dedicated street with the Railroad Company paying 100% of the paving with catch basins and pipe drainage. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey. Hullum and Braswell Mayor Cravey Nays: Councilmen Fanestiel and Donnelly Deferred Action - Amended Traffic Ordinance The Council deferred action upon the draft of a revised Traffic Ordinance until the next regular meeting. 1i Firemen Station Four - Designated to Assist School Children Cross- Ward Road - Speed Zone Councilman Braswell urged the Council to take action to control vehicular ' traffic on Ward Road between sdtool hours. Paid firemen from Station 9, without for- mal authority, have been placing SLOW SCHOOL signs on Ward Road where children-to cross during school hours and have tried to stop traffic to permit the children to cross the street but no cross walks or walk -ways have been designated by ordinance, and the firemen have been told that, should any one of them be hit whole trying to direct traffic, he could be charged and fined for jay - walking. It was suggested that the firemen ".from this station be given authority to stop traffic while helping children to cross the street and a portion of Ward-Road be designated as a 4)eed zone during certain hours for the protection of the children as well as those assigned to assist them in crossing the street. Councilman Ball moved the paid firemen at Station No. 9 be assigned as School Crossing Guards, said assignment to be on an unpaid basis. Council- man Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: Councilmen Fanestiel The proposal to designate a portion of Ward Road as a speed zone was assigned to the Traffic Committee for study and recommendation. Amendment to Subdivision Ordinance - Requiring Performance Bond City Manager Lanham reported that an ordinance was prepared, as authorized at the last regular meeting, which would require the subdivider to furnish a performance bond insuring the construction of sidewalks in subdivisions at the end of a two =year period from the time of final acceptance by the Planning Commission. However, he has since learned that such bonds are not available. This brings the Council back to its former position, to leave the subdivision ordinance as is which requires the construction by the subdivider before final approval or it may amend this ordinance to delete this requirement from the subdivision ordinance and add it to the building code. This would require the builder to construct the sidewalks before receiving final approval from the Building Inspector of the City of Baytown. The subject was 4 228 discussed at length since a majority of the Council favored the construction of sidewalks. Councilman Braswell, however, felt that sidewalks could be a safety hazard to small children. Councilman Ball then moved to amend the building code re- quiring sidewalks to be installed prior to final approval of any building by the City Building Inspector, or within 2 -years after final approval of the subdivision by the Planning Commission, whichever occurs first; none - compliance within the 2 -year period by the:property owner would subject him to assessment by the City for the cost of the sidewalk paving. Councilman Hullum seconded the motion. The vote follows: 7 Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly Mayor Cravey Nays: Councilman Braswell This stipulation will be included in deed instrument of all subdivisions being developed after adoption of the 1964 Subdivision Ordinance. The City Manager and City Engineer will affix signature to the linen drawing of the subdivision development of Busch and Milner subject to receipt of a signed agreement to comply with any and all requirements set forth by the City Council regarding the sidewalk installation requirement. Committee Reports Councilman Fanestiel gave a brief and concise report on the activities of the Baytown Health League and the Traffic Committee. Overhead passage for school children from Hill Terrace, crossing. Highway 146, to Lacy Drive is under study; Parking On Gentry Drive will be restricted to one side only, the side next to,rail- road track, and survey has been completed on railroad crossings and report is ready to submitt to Southern Pacific Company officials. Councilman Hullum suggested they study the possibliity of using the traffic light presently installed on Lee Drive, at Sam Houston School, at another location as this building is being used by the Special Education Division of the School System and children are not crossing to attend classes. Coucnilman Donnelly requested the City Manager to try once again to arrange a joint meeting with officials of South Pacific and the City Council. Councilman Donnelly recommended that the Council's committee opposing the sale and distribution of obscene literature be dissolved and members of the new organiza- tion be encouraged to solicit any assistance needed from former members of the Council's Committee. Councilman Ball submitted written copies of a summary of information gathered on the East Texas Chamber of Commerce Tour plus a visit with officials of the City of Gary, Indiana. In the compairson of the City of Bary and the City of Baytown, Councilman Ball learned that Gary has a Planning Department operated by fourteen personnel, five of whom have degrees and Gary strongly urged the City of Baytown to hire a full -time City Planner as soon as possible. However, the most urgent need which will face the City of Baytown will be in the field of Traffic and Policing as the enthusiasm of employees of the Steel complex in Pittsburg and Gary is high with the prospect of being transferred to an. area where a new complex will be con- structed and the vast opportunities offered in a new mill. The officials of the Steel Mill will conduct an intensive campaign after the first of 1967, to attract new industry into the area. A portion of the land now being held by the Steel Company will be either leased or.sold, as the company sees fit, in order to create an indus- trial area. Councilman Ball was assured by officials of the Steel Company that the company would cooperate fully with the City of Baytown on a financial basis on pro- blems which are primarily created by their entry into the area. 71 Councilman Braswell gave a brief resume of a recent meeting between membes of the Chamber of Commerce and State Highway engineers. Plans have been completed for the improvement of Decker Drive from Spur 201 to the Thom as Circle. City Manager Lanham was instructed to arrange a meeting with W. E. Carmichael, District Engineer, to proposed that the.State designate this portion of Decker as a spur, then State funds would be made available for construction. 9229 * Councilman Donnelly excused from meeting. Ordinance - Annexing Stauffer - Calling Hearing Councilman Ball moved to adopt an ordinance setting a date, time and place for annexation of Stauffer and giving all interested persons the right to appear and be heard. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 835 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING OF THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE.DATE THEREOF. Ordinance - Calling Hearing - Annexing Texas Eastern Councilman Fanestiel moved to adopt an ordinance setting a date, time and place for annexation of Texas Eastern Transmission Corporation and giving all interested persons the right to appear and be heard. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel Mayor Craver Nays: None The caption of the ordinance follows: ORDINANCE NO. 836 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Pay Bayshore Constructors - Garth Road and Baker Road Sewers - Retain $100 City Manager Lanham advised the Council that Bayshore Constructors, Inc. has completed the Garth Road and Baker Road sewer main installation, Part A, of a contract executed March, 1966. The work has been inspected by both representatives of Turner & Collie, Consulting Engineers and the City Engineer, Jack Morton. They have recommended making final payment of Part A of the contract to Bayshore Constructors, Inc., retaining only $100.00 in order to keep the contract open for the completion of Part B - North Main Sewer. Councilman Braswell moved to accept the recommendation of the engineers, to authorize payment of Part A - Baker and Barth Road sewer installation, to Bayshore Constructors, Inc., retaining only $100.00 for the purpose of keeping the contract open for the completion of Part B - North Main Street sewer installation. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Fanestiel Mayor Cravey Nays: None Work Order - North Main Sewer Construction City Manager Lanham asked permission from the Council to instruct Turner C Collie, Engineering firm to issue a work order to Bayshore Constructors, Inc. for the installation of the North Main sewer. The work has been held up because of condemnation proceedings which were rdquired to acquire the necessary right -of -way; two extensions have been made on the contract, the present one to expire October 15th. Councilman Ball moved 4 230 to authorize the issuance of a work order on the construction of the North Main sewer line. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Fanestiel Mayor Cravey Nays: None Reappoint Three Members Plannina Commission The Council approved the re- appointment of Mrs. Nancy Mundinger, W. D. Hinson and Dr. George Walmsley to the Baytown Planning Commission. for the two ensuing years. The City Manager was instructed to notify them of the reappointment. Should either or all.be unable to serve, the Council will take steps to.fill the vacancy. The Council was reminded of the Houston - Galveston Area Council meeting which will be held at 10:30 a.m. Wednesday, October 26th at Alvin. Adiourment The motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor Declared the meeting adjourned. Edna Oliver, City Clerk