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1966 12 22 CC Minutes4261 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS December 22, 1966 The City Council of the City of Baytown, Texas met in regular session on Thursday, December 22, 1966. at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: * Patrick Ball A. M. Braswell Do.n Al. Hu l l u m Albert Fanestiel Raymond T. Donnelly Seaborn Cravey Fritz Lanham Richard Park Edna Oliver Absent: C. M. Massey Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assn't City Attorney City Clerk Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich, he called for the minutes of the November 22 and December 8 regular meetings and the November 29 special meeting. Corrections were made as follows: Nov. 22 - Adopt Ordinance De- annexing Certain tracrs, etc - Mayor Pro Tem Braswell voted No and City Manager's Report - Fire Appratus, base bid to be on custom built piece of equip- ment: alternate bid on diesel powered motor. Councilman Braswell moved to approve the minutes, as amended, including page No. 2 -A of the November 22nd meeting. Council- man Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Request MPRR Alternate Route Proposed Nazro Street Intersecting Sunset Drive At the September 8th meeting, the Administration had been instructed to enter negotiations with the diPRR for the extension of East Nazro Street to intersect Sunset Drive - right of way and construction costs to be borne by the RR company - in lieu of their original proposal regarding closing Parkway Drive crossing. At this meeting, Mr. Lanham informed the Council that he had been notified that the RR Company has reached agreements with all of the property owners for the spur and, Mr. Duke of the Right of Way Department of the ,MPRR Company, has requested that the City consider the possibility of shifting the proposed crossing at Nazro Street approximately 150 feet north. This would permit the extension of Layton Drive to the north and turning east to connect with Sunset Drive. This revision would require the use of one lot that is being acquired in the present spur proposal but would necessitate the acquisition of additional right of way from a vacant tract of land owned by W. A. Harper. Mr. Duke did not mention the purchase of the additional street right of way through the Harper tract. The Council agreed that their first choice was the Nazro Street extension to intersect with Sunset Drive; secondly, leaving Parkway Drive crossing open with adequate crossing signalization; and third, the Layton Street extension as proposed by the RR Company. After some further discussion, the City ,Manager was instructed to contact Mr. Duke and inform him of the Council's division in the one, two and three preference category with the understanding that the Railroad Company bear all the cost of acquir- ing the right of way and the construction of a 29 -foot street extension to complete the connection. Discuss Adoption Street Use Ordinance - Proposed by Utilities Committee Councilman Donnelly moved to table action on the proposed Street Use Ordinance until after the first of 1967 due to the fact that ordinances were drawn up recently 4262 and the City Attorney was unable to attend the meeting to answer questions which may be presented in relation to the two drafts. Councilman Hullum was of the opinion that the ordinances were not too difficult to comprehend and a delay was not necessary. Councilman Donnelly stated that he had some questions he wanted to address to the City Attorney and it would be beneficial to have the answers before proceeding with adoption of the two ordinances. In his opinion there was no urgency in relation to the passage of the ordinances. Mayor Cravey agreed on deferment of the ordinance in relation to CATV since the present Franchise holders had requested that it not be acted upon, but he favored some type action on the Street Use Ordinance. Councilman Braswell expressed some concern in relation to the protection of the present Franchise holder if it is proper for the City to do so, but if the CATV is not a public utility, by Court ruling, the Cil, cannot enforce the present franchise, but allow free competition. This question has yet to be settled in the Courts. Councilman Ball stated that only two questions were involved: (1) Whether or not CATV, Phonoscope or any other system is a public utility, if they are not, the City has no right to grant a franchise, and (2) In regards to street use, whether or not and how the Street Use Ordinance might apply in both cases there is no difinite court decision for us to go by . . . he does not know what the CATV people, the ' 'Telephone people, the Phonoscope people or even what some of the Council members may want . . free range and competition or a franchise to operate under . . but the City cannot grant an exclusive franchise and as such cannot control competition to that extent . . , if there is any intent on the part of anybody to want a franchise for the purpose of controlled competittion, then that is invalid . Councilman Fanestiel stated that due to the fact that the Principals involved, including some of the Council members, are not prepared at this time to make a decision and would like a deferment until some later in which case he seconded the motion made by Council- man Donnelly. If CATV is not public utility and the present Franchise Ordinance is found to be invalid, Councilman Ball stressed the need of resolving the question speedily so that the City does not restrict, as set forth in Ordinance 046, without the right to restrict any one from operating a CATV or Phonoscope system in Baytown. After some further discussion, Mayor Cravey called for the vote. The results follows: Ayes:, Councilmen Braswell, Fanestiel and Donnelly Mayor Cravey Nays: Councilman Hullum Abstained: Councilman Ball r It was mutually agreed that the two (2) ordinances would be placed on the agenda for final disposition, January 12, 1967. Approve Recommendation Civil Service Commission - Deletion Section 118 CS Rules The Council received a recommendation from members of the Civil Service Com- mission to delse Section 118 from the Civil Service Rules of the Baytown Firemen's and Policemen's Civil Service System and the subject of reinstatement be governed by provisions of the State law. The City's ordinance provides that any permanent employee who has resigned in good standing may file a written request with the Commission for reinstatement to his position and upon approval by the Commission his name may be placed on an appropriate reinstatement list but the State Law provides for an eligibility list and a former employeee may take an entrance examination, along with other applicants if he is between the ages of 21 and 35 years. This will give the Chiefs of the Fire and Police Departments an opportunity to select the best qualified person for the department, rather than reinstate a former employee who has filed for reinstatement in the manner outlined in Section 118. Councilman Braswell moved to accept the recommenda- tion of the Civil Service Commission. Councilman Donnelly seconded the motion. The roll call follows: Ayes: Councilmen Ball, Braswell, Hullum, Fanestiel and Donnelly. Mayor Cravey Nays: None rFinal Reading - Annexation Texas Eastern Transmission Corporation Councilman Hullum moved to adopt an ordinance, upon final reading, extending the city limits of Baytown to annex a tract of land containing 72.64 acres of land which is the property of Texas Eastern Transmission Corporation. Councilman Donnelly seconded the motion. The vote follows: 4263 Ayes: Councilmen Ball, Mayor Cravey Nays: None Hullum, Braswell, Fanestiel and Donnelly. The caption of the ordinance follows: ORDINANCE NO. 841 -A AN ORDINANCE CONTAINING ORDINANCE NO. 841, INTRODUCED THE 9th DAY OF NOVEMBER, 1966, 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 72.64 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 1, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS: Final Reading - Annexation Stauffer Chemical Councilman Donnelly moved to adopt an ordinance, upon final reading, extending the city limits of Baytown to annex a tract of land containing 1.99 acres, of which 1.5588 acres is the property of Consolidated Chemical Division of Stauffer Chemical Company. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly. ;Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 840 -A AN ORDINANCE CONTAINING ORDINANCE NO. 840, INTRODUCED ON THE 9TH DAY OF NOVEMBER, 1966, 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 1.5588 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. Final Reading - Strip Annexation FM Road 2354 Councilman Donnelly moved to adopt an ordinance, upon final reading, annexing 10 -foot additional strips along FM Road 2354. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 839 -A AN ORDINANCE CONTAINING ORDINANCE NO. 839, INTRODUCED THE 9TH DAY OF NOVEMBER, 1966, 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 1.7 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. 4264 Consider Replacing Curb and Gutter on Florida Street City Manager Lanham reported that he had been contacted by residents along Florida Street requesting the City to take action to eliminate the problem of standing water and hazardous curbs and gutters on the street. Upon investigation, it was found that in sections the curbs and gutters have settled and water is trapped and in one area the curb and gutter has turned back leaving a sharp edge extending above the street. The estimated cost for replacing the curb and gutter, where a need exists, is $16,532.00, this can be tied into the existing street which is in fair condition. The Council discussed the overall improvement project, including elevation of new curb and gutter matching `existing street and driveways, proper grade of street joining of curb and .. gutter to street in satisfactory manner when not constructed at same time, installa- tion of reinforcement steel and other relating factors. Then, Councilman Donnelly moved to instruct the City Administration to make a more detailed study, including grades, matching driveways, street elevation, etc. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Fanestiel and Donnelly Mayor Pro Tem Braswell Nays: None ' Proposal for Planning Services - Jerry Wilson and Bob Green The Council received a proposal from Jerry Wilson and Bob Green, Associated Planners, to review the planning developments for Baytown in order to make an objective evaluation of what has been accomplished so that a program for the future can be resolved. Mr. Green, the chief spokesman, suggested that short -term and long -term objectives are needed; the long -term could be the employment of a planning director who could assume the administrative duties and prepare plans; this could take several years. But, the short -term .proposal could provide immediate solutions to some of the present needs. His proposal is to help identify a work program that would respond to the City of Baytown's planning needs for 1%7, including zoning, and be within the scope of longer ranged objectives. The cost of the program would be keyed to the scope of services provided, and .payment would be due only as work was accomplished. He outlined his qualifications and experience and gave a partial list of the projects completed, especially in municipal zoning. At the conclusion of the proposal, the Council expressed its appreciation for the presentation and a later meeting will be arranged. °O Councilman Hullum excused from the meeting. ° Councilman Ball excused from the meeting. Approve Exchange of Property - Sanitary Landfill City Manager Lanham reported that he had received a request from a property owner adjacent to the sanitary landfill to exchange property with him so that he can construct a driveway adjacent to his home. His proposal was to exchange 7000 square feet of property for 5280 square feet of City property. Jack Morton, City Engineer, presented a map of the proposed exchange and recommended acceptance as it will enable the City to better maintain a drainage ditch in the area. After some discussion, Councilman Braswell moved to approve the exchange of the property as proposed; the City Manager be authorized to execute the instrument of deed which is to be prepared at the expense of the property owner who requested the exchange, and contingent upon the receipt of a clear title deed. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None E. P. Ashley - Sewer Service - North Main The Council discussed the request of E. P. Ashley for sanitary sewer service for his property which abuts upon North Main Street. Recently a sanitary sewer service was extended along North Main and Mr. Ashley wants a service line extended along Ashleyville Road at city expense. Since the city has a policy of extending only 100 feet, when an easement is dedicated by property owner, Councilman Braswerll 4265 moved to notify Mr. Ashley that if he will grant the city a 10 -foot easement for the sewer line, the city will install the first 100 -feet and waive the sewer tap charge providing the City will have title to the line and will be paid a monthly sewer charge on all houses being serviced by the line. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Committee Reports Councilman Fanestiel, Chairman of the Council's Traffic Committee, gave a report on the activities of the Traffic Committee including speed limits on Spur 201, 50 -mph, change speed on West Main to 40 -mph, recommended the installation of traffic lights at Garth and Baker Road and Bayway and Baker, continuing study on signalization along Decker Drive toward circle and other relating traffic signalization needs. He asked for Council approval of the recommended traffic light installation at Garth & Baker and Bayway G Baker. Councilman Braswell moved to authorize the installation of the traffic lights at the two intersections. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Approve Change Order - North Main Sewer Line Installation Councilman Donnelly moved to approve a change -order in the constructirn of the sewer line installation on North Main in the amount of $233.50, to pay for drilling under pavement rather than installing line in open cut ditch. Councilman .Braswell seconded the motion. The vote follows: ' Ayes: Councilmen Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Appoint - Marilyn Linder - Parks and Recreation Board Councilman Donnelly moved to appoint Mrs. Marilyn Linder to the Parks and Recreation Board to replace J. Robert Barnes who has resigned. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None W. P. Denman - Civil Service Commission Councilman Donnelly moved to re- appoint W. P. Denman to -the Baytown Civil Service Commission for the ttm years. Councilman Braswell seconded the motion. the vote follows: Ayes: Councilmen Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Appointments - Electrical Board Councilman Braswell moved to appoint Kenneth Vornsand to fill the unexpired term of 7 Tommy Sanders, deceased, on the Baytown Electrical Board; to re- appoint LeRoy Gardner, to Position 1, Joe G. Phelps to Position 2, W. E. Trousdale to Position 3 and Council- man Don M. Hullum to Position 5 for the two ensuing years. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None 9266 City Manager's Report Mr. Lanham reported that Mr. Camp of Belfort Ambulance Company has arranged for financing, insurance and has rented a building, a contract is being drafted by the City Attorney in preparation for assuming ambulance service to the citizens of Baytown as of January 1, 1967, 12:01 o'clock a.m. At the December 8th meeting, the City Manager was instructed to check on prices for publication of the proposed zoning ordinance in conjunction with the public hearing to be held by the Planning Commission. A 12 -page tabloid magazine supplement which will be separate from the newspaper publication would cost $1,635.89 for all subscribers. Additional copies may be purchased at $.012 each. This will not be in form of a legal notice. Councilmen Braswell expressed some objections to the publi- cation of the map as early as January 9th, due to changes which will of necessity be made as the public hearings continue. After some further discussion, Councilman Donnelly moved to authorize the expenditure of the publication of the proposed zoning map and ordinance. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Donnelly and Fanestiel Mayor Cravey Nays: Councilman Braswell Complaints are being filed in the Corporation Court against persons who have failed to return books to the Sterling Municipal Library, such action being taken in accordance to the procedure adopted by the City Council in July, 1966. An examination for the position of Assistant Fire Chief has been scheduled for Friday, January 13th. Adiournment The motion was made and seconded that the meeting adjourn. The ayes were unani- mous and the Mayor. declared the meeting adjourned. Edna Oliver, City Clerk