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1966 10 27 CC Minutes4 231 MINUTES OF THE REGULAR MEETING OF THE CITY OF BAYTOWN, TEXAS October 27, 1966 The City Council of the City of Baytown, Texas, met in regular session on Thursday, October 27, 1966 at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following members in attendance: Patrick Ball C. M. Massey # Dan M. Hullum A. M. Braswell Albert Fanestiel Raymond T. Donnelly Seaborn Cravey Councilman Councilman Councilman Councilman Councilman Councilman 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 meeting of October 5th and the regular meeting of October 13th. Councilman Massey moved to approve the minutes as submitted in written form with the following correction: 10/13/66 Amendment to Subdivision Ordinance: The vote follows: Ayes: Councilmen Ball, Massey, Hullum. Donnelly and Mayor Cravey. Nays: Councilmen Braswell and Fanestiel. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Hold Hearing on Improvement of Wye Drive Mayor Cravey opened the benefit hearing on Wye Drive by stating briefly the purpose of the hearing, afterwhich, City Attorney Chandler introduced Mr. Bob Beverly, local realtor, who stated, in response to questions of Mr. Chandler that he has been a resident of Baytcw n for fifteen years and during this time has been engaged in the real estate business. In this business, some of his duties were the selling and appraising of real estate which required him to be familiar with real estate values. He has reviewed the improvements proposed for the improvement of Wye Drive as shown by the Engineer's Schedules and, in his opinion, the improve- ments would enhance the properties in value in amounts to exceed the cost of the improvements. The Mayor asked for an expression from any interested party attending the meeting, whether it be pro or con. No person stood to be heard so the City Manager introduced and read an ordinance closing the hearing given to the real and true owners of property abutting upon Wye Drive; finding the regularity of all proceedings; levying assessments, fixing charges and liens against properties and providing for the issuance of assignable assessment certificates. Councilman Bras- well moved to adopt the ordinance as read. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON WYE DRIVE, 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 4232 BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVE- MENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN.EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVY- ING ASSESSMENTS. FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING.FOR THE EFFECTIVE DATE HEREOF. Hold Hearing - Additional Annexation Ten -Foot .Strip FM Road 2354 Mayor Cravey opened the public hearing upon the proposed annexation of an additional 10 -foot strip along FM Road 2354 in Chambers County enclosing the U. S. Steel proposed complex site. He explained the procedure heretofore followed and asked for an expression from any one attending the meeting, if interested. No one asked to be heard so Mayor Cravey declared the public hearing closed upon the proposed strip annexation along FM Road 2354. Hold Hearing - Stauffer Chemical Plant Mayor Cravey opened the public hearing upon the proposed annexation of approximately twenty per cent of the Stauffer Chemical facilities in Baytown. City Manager Lanham reviewed the acreage included in the proposed annexation. Mayor Cravey asked if any one present wished to discuss or ask questions relative to the annexation. No one in the audience offered any questions and after some discussion by the Council relating to the acreage included in the proposed annexation, Mayor Cravey declared the public hearing closed upon the aforementioned annexation. Hold Hearing - Annexation of Texas Eastern Transmission Corporation Mayor Cravey opened the public hearing upon the proposed annexation of the remaining portion of Texas Eastern Transmission Corporation excluded from the 1962 annexation. Once again, Mayor Cravey asked if any person attending the meet- ing had questions relating to the proposed annexation: none were presented so the hearing was declared closed. Ordinance - Extendino City Limits - FM Road 1942 and Bohemian Hall Road Councilman Donnelly moved to adopt an ordinance, under first reading, annexing an additional 10 -foot strip along FM Road 1942 and Bohemian Hall Road. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 638 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 ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. 4233 Lammers - Walkways and Streets Civic Center Lowell Lammers, Architect, submitted a written report on the progress of con- struction on the City Hall and Community Center Buildings. Also, preliminary sketches on the layout of the walkways and streets for the center were submitted for Council's approval. Mr. Lammers requested authorization to proceed with the detailed plans for these facilities, including any modifications the Council may choose to make in the preliminary sketch. City Manager Lanham poointed out the need for plans to be completed so that cost estimates may be prepared in order for the Council to know the amount of money remaining in the bond fund for the purchase of furnishings, construction of parking areas and landscaping. Some parking areas were shown fronting on Market Street and it was suggested that these be moved to the side possibly, thus reducing the width of the roadway. Since parking areas will be provided on the out- side, it was further suggested that parking places be eliminated fronting on.the build- ing at this time and noprovision be made for inside parking next to buildings on side streets, leaving walkways as outlined. This would enhance the beauty of the buildings and parking areas could be provided at some later date, when the need arises. It was also suggested that the street paralleling Market Street be increased in width from the 20 -feet shown in the sketch to 24 -feet and a study be made of the construc- tion of rolled curbs rather than standard curbs as shown. Councilman Braswell moved to approve.the parking, street and sidewalk plans as presented with two exceptions, namely: (1) parking in front of buildings, between buildings and Market Street, be moved to each side as indicated; and (2) the street width of the section paralleling Market Street be increased from 20 -feet to 24 -feet, the rolled or standard curbs to be decided upon after estimates are prepared. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None The Council declined the suggestion to amend the City Hall construction plans to include a 4 -pipe air - conditioning system to service the Council Chamber only - cost of increase piping, $1,850.00. Mr. Lammers informed the Council that, due to drawing which called for an 8 -inch wall and 8 -inch the Community building, the width of the wall was for the entire length of the wall, increased cost Consider Plans for North Main Water Line 7 a discrepancy in the architectural columns in the back -up wall of of necessity increased to 12- inches of approximately $300.00. .Jack Morton, City Engineer, reviewed plans and estimates for the construction of a water main on North Main from Harold Lane to Baker Road and west, on Baker Road to the new Sterling High School, all of which is included in the capital improvements program. A 10 -inch water main it proposed for Baker Road to North Main, North Main to Massey- Tompkins Road where it will tie -into an 8 -inch main to Harold Lane. The section of the new line between Harold Land and Massey- Tompkins Road will parallel an existing 8 -inch main which is in the road bed of North Main and will have to be re- moved when street construction begins. This will be salvaged. In reviewing the plans, it was learned that the proposed location for the installation of the water main may not conform to the State Law regarding the spacing of water mains adjacent to sanitary sewer mains due to the lack of footage in the dedicated right -of -way. Should there be a conflict, it was suggested that the water main be installed in the easement on the opposite of the road. Councilman Donnelly moved to authorize the City Engineer and City Manager to determine the State Health.Department's requirements on spacing of water and sewer mains; if necessary, to relocate the water line and proceed with advertising for bids on plans, includin g all modifications deemed necessary. Council- man Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None 4234 Report - Houston - Harris County Transportation Study Mr. Lanham gave a report from the Houston - Harris County Transportation Study Committee. This Committee is studying the needs for thoroughfares throughout the Harris County Area. The study included not only those that would be financed by the State, but also those that would be financed by local governments. The Committee submitted a tentative draft of their recommendations to the local govern- ments. Their study of Baytown included three thoroughfares for the period of 1966- 1970. They asked for the City's reaction on these and requested further guidance from the various local governments. The three streets included for Baytown are Decker Drive, from Park Street to West Texas Avenue, Garth Road from Lee Drive to Decker Drive and Garth Road from Park Street to Inwood Drive. Mr. Lanham pointed out that Bayway Drive was not included in the study. Councilman Donnelly moved to direct the City Manager to contact the Study Committee and report that the Council approved the streets that are included, but urged them to also include Bayway Drive in the plans for the five year period from 1966 -1970. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Consider Improvement of Commerce Street Several weeks ago the Council requested the Administration to prepare cost estimates on the reconstruction of Commerce Street and to include right of ways and construction costs for making a smooth entrance into Commerce Street from North Main. The comprehensive plan is to provide one -way traffic south on Commerce through,a he downtown business district and feed back into South Main with two -way traffic near the Police Administration Building. City Engineer Morton submitted a sketch providing an entrance on North Main at the Forrest Street intersection, which would require the acquisition of property and one residence. To the south, two entrances were pointed out; first, cross Gulf Street continue south on Commerce, cross railroad property, cross property now occupied by Manual R. Pease Enterprises, to intersect with South Main; or, Second, cross railroad property behind no. 3 fire station, cross city's property at Fire Station, cross over Gulf Street, cut off corner of City's property presently used as a pirking lot by Police Department Personnel and enter South bfain at this point - this entrance would require detailed traffic signalization. Should the Council approve the Forrest Street entrance from North Main, it was suggested that a new alignment may be preferred for the Davis Road extension which is included in the bond program and on which appraisals have been made. A sketch of a revised align- ment was included in the overall drawing. The Council discussed the apprdsal, cost of right -of -way acquisition for the entrances, creation of an interchange at Gulf Street and other relating facets of the overall proposed improvements, after - which, Councilman Donnelly moved to authorize the preparation of plans and specifications, the drafting of an initiation ordinance for the improvement of Commerce Street from Forrest Street to Gulf Street, said imporvement to be done on a property -ower participation basis. Councilman Fanestiel seconded the motion. The vote follows: . Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Councilman Braswell moved to instruct the Administration to go ahead and acquire appraisals on the turn -outs on North Main near the vicinty of Forrest Street and on South Main near the Police Administration Building which are necessary to com- plete the interchange. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly. Nays: Mayor Cravey 4 235 Consider - Request Gulf Oil Corporation - Produce Well Less than Twelve Hundred Feet Councilman Fanestiel, spokesman for -the Commiteee appointed to study the . request of Gulf Oil Corporation for permission to test and /or produce an oil well at a depth less than 1200 feet,.reviewed the work of the committee in the field of literary research and oral communication with water experts who are familiar with work that was done originally in setting a basis for the City's Oil Drilling Ord- inance. Work began in the early 1950's, hearings were held before the Texas Water Commission and the Texas Railroad Commission for the protection of the Baytown water sands'by a casing program from the Goose Creek oil field, resulting in the issuance of an order that all new oil wells in the field have surface casing or multi -stage cement to a depth of 1200 feet to prevent salt water from contaminating the fresh water sands. He read written documents which verified the need for this type protection, said verification being given by representatives of both Humble Com pany and Gulf Oil Corporation. In talking with the area experts, it was agreed that the manner in which Gulf Oil is prepariing to develop this well may not impose a threat. However, if the request is granted, the Committee feels that the Council would be repudiating work that has been done by people in an effort to draft an ordinance for the.protection of the water sands. By granting this exception, :the door would be opened for other requests of a similar nature and the ordinance would be nullified. On this basis, Mr. Fanestiel concluded his remarks by recommending that the Council deny the request. The Gulf Oil representatives contended the ordinance required the protection of the water sands, and the Company was in agree- ment to provide this protection, but by perforating a well above the 1200 foot zone did not mean the fresh water sands were not protected if a well is adequately sealed off. This has been done in respect to this well. Mr. Fanestiel agreed that this well does not impose a hazard according to the q)inion of the local experts, but if the Council does grant an exception in this case, it nullifies the ordinance as written. The representatives contended that the Council should receive similar requests and judge each one on their individual merits. It was pointed out that the Council has no right to grant an exception without an appellate procedure provision and even then legislation by exception destroys the purpose of an ordinance. Once again, Councilman Fanestiel stated that the recommendation of the Committee was to deny the request but if any of the Council felt that he did not want to take this action, the substitute action of the Committee proposes is to see that.Mr. Baskin, Assistant Engineer of the Texas Water Commission, fully understands all of the previous work that has been done by persons interested in the protection of the water sands in Baytown. He has indicated that he has no knowledge of the City's Oil Well Drilling ordinance nor the hours expended to provide the protection now outlined in the - ordinance. After some further discussion, Councilman Fanestiel moved to recommend that the request be denied. Councilman Braswell seconded the motion. The vote follows: * Councilman Hullum arrives at meeting. - Ayes: Councilmen Ball, Massey, Hullum, Braswell and Fanestiel. Mayor Cravey Nays: Councilman Donnelly. The City Manager or City Engineer will arrange a meeting with Mr. :Baskin to discuss the previous work done by committees, legal personnel and local water experts in an effort to protect the water sands in this area. Committee Reports Councilman Braswell, Chairman of the Ambulance Service Committee, reported upon the preliminary work done by the Committee relative to providing ambulance service to the residents of Baytown after November 30th, 1966, the date set by the local funeral homes to discontinue this type service. The.Committee has met on two different occasions but it is not prepared to offer a firm proposal at this meeting. It.was suggested that the entire Council meet at a breakfast meeting on Tuesday. November lst. The Committee will then be prepared to submit a draft for Council consideration, which will seek bid proposals for furnishing ambulance service in the City of Baytown. The Committee favored individual franchise or contract negotiation, rather than the City of Baytown entering the ambulance service field. The many facets will be discussed at the scheduled breakfast meeting. 4236 Committee Reports - Continued Councilman Donnelly reported on the previous work of the joint City Council - School Board Committee on proposed usage of school facilities for city parks, with joint financial participation in providing such facilities. In May. the City pro- vided funds to employ Mr. R. S. Ellifrit. Planning Consultant, to prepare a prelimi- nary survey and report, by priority, on three school sites, namely: Travis Elementary in Lake%tW- Wooster area, Horace Mann -Anson Jones in center of town and James Bowie Elementary in eastern section of the city. His recommendation, according to priority, was. first, Horace Mann -Anson Jones site on the basis that the 5 -acre tract adjoining the school site could be acquired. The owner of the property was contacted and the price quoted was $7.500.00 per acre and the Committee removed it from the top of the priority. Second,the James Bowie School site which covers fifteen acres, five acres being used by the school and ten acreas are.available to develop into a park site. Due to the size, this will permit well rounded development of a simple walk system, picnic area, park shelter, a well organized small children's play area with a vari- ety of interesting equipment. Tennis, soft ball and volley -ball can be considered in the plans. Third, Travis school site. Mr. Donnelly concluded his report with the recommendation that, first, Bowie School grounds be developed as a pilot program in conjunction with the school district, and second, Mr. Ellifrit be retained to give a detailed lay -out of the park development at a fee of $850.00. Councilman Hullum suggested the selection of a Director of Parks, rather than spend funds on programs which will be in process of development when a Director is hired. It has been recommended previously, that a Director be hired around the first.of 1%6. It is possible that the selection could be speeded up to some extent. Mayor Cravey poointed out the orientation period which would be required to familiarize a Director and delay the project, and favored the retainage of Mr. Ellifrit to speed up the program by purchasing the facilities and getting it in use two or three months sooner and relieve the new man to do other projects. " Councilman Fanestiel excused from meeting) Councilman Ball submitted an inquiry of the City's portion of. financial participation but no figure could be quoted at this point. This will be worked out as the plan developes. He expressed some concern over the lack of funds to develop one pilot project and on this basis, Councilman Ball moved to retain Mr. Ellifrit to do the second phase to determine what facilities can be placed on the Bowie School site, this does not include the acceptance of the concept of a pilot park until we have this information. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: none The City Council, members of the School Board and other interested parties will be invited to a second showing of the film. TO TOUCH A CHILD, which shows what the City of Flynt, Michigan did in the development of a program similar to the one being projected by this joint City Council- School Board Committee. The shown Councilman Massey expressed his concern over the possible loss to the citizens of Baytown of the services of the Texas Unemployment office due to lack of funds in the Commission's budget for the remainder of this calendar year. In hiscpinion, unemployed citizens needed this service which is offered one -day a week in Baytown rather than attempt to go to Pasadena for the services. He urged the Council to look once again to see if there was any possible way of providing housing for this one -day a week service. After some discussion, Councilman Massey moved to approve an expenditure of $10 per week to cover the rental fee of the Texas Unemployment Commission's office at the W.O.W. building on East Texas Avenue. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: Councilman Ball This rental expenditure will be provided until such time as the City of Bay- town can find office space in one of its buildings. 4237 Resolution - Opposing Amendment No. 1 of the November 8th General Election Ballot Councilman Braswell moved to adopt a resolution opposing Amendment No. 1 of the November 8th General Election Ballot because, if passed, would alter the Texas Con- stitution to permit land designated by the owner for agricultural use to bie assessed for all tax purposes. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Hullum and Donnelly. Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTIfTN NO. 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN OPPOSING AND URGING THE DEFEAT OF AMENDMENT NO. 1 ON THE BALLOT AT THE GENERAL ELECTION TO BE HELD ON NOVEQBER 8, 1966. Councilman Ball.passed out Kiwanis apples to the members of the-Council., newsmen and department heads and proposed that Mayor Cravey declare the next week as KIWANIS APPLE WEEK. Proceeds from the sale of the apples go to the Kiwanis Club Youth.Program. City Manager's Report Mr. Lanham reported that Mrs. Nancy Mundinger and Dr. George Walmsley have accepted their reappointment to the Baytown Planning Commission for the two ensuing, however, Mr. W. D. Hinson has asked to be replaced. He will submit.a recommenda- tion at a later date. Due to a conflict in the two regular meeting nights in November, the regular meetings were scheduled for the second and fourth Wednesdays, 6:30 p.m. in the Council Chamber of the City Hall. Adiournment The motion was made ani seconded that the meeting adjourn. The ayes were. unanimous and the Mayor declared the meeting adjourned. _( L2LI/ Edna Oliver, City Clerk