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1967 01 12 CC Minutes4267 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS January 12, 1%7 The City Council of the City of Baytown, Texas met in regular session on Thursday, January 12, 1%7 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Don M. Hullum A. M. Braswell Albert Fanestiel Raymond T. Donnelly Seaborn Cravey Fritz Lanham Richard Park Edna Oliver Absent: C. M. Massey George Chandler Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assn't City Attorney City Clerk Councilman City Attorney The Mayor called the meeting to order. the Invocation was offered, and he called for the minutes of the regular meeting of December 22nd. The following corrections were made to the minutes: Electrical Board - Councilman Braswell moved to appoint Kenneth Vornsand - Civil Service Commisssion - Councilman Donnelly moved to re- appoint W. P. Denman . . . for the Three ensuing years. With these corrections, Councilman Braswell moved to approve the minutes as amended. Councilman Ball seconded the motion. the vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Progress Report - City Hall and Community Center Mr. A. H. Howard, Inspector, gave a construction report onthe work accomplished on the City Hall and Community Building and answered relating questions presented by the Council. The second half of the report was given by Mr. Lammers, Architect, who asked for Council approval of a minor change in the plans of the Health Department to include an office for the Sanitation. Mr. Muennink. The cost for adding the office was estimated as $575.00, however, thereis to be a credit given because of the deletion of a vault door, which will amount to between $375.00 - $425.00. It was the recommendation of the Administration that the office space be provided. Councilman Ball moved to approve the request for the revisions of plans for the Health Department. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball. Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Bids - Pumper for Fire Department The bids on the 1000 gallon pumper for the Fire Department follows: Company Model Base Bid -Gas Alternate Bid - Diesel Mack Truck, Inc. Mack $29,905.25 $30,405.25 Houston Fire & Safety American Equipment Co. LaFrance $29.898.00 $30,543.00 f It was the recommendation of the Administration that the bid be awarded to the low bid on the alternate diesel, Mack Truck, Inc. in the amount $30,405.25. After some discussion relative to the maintenance of the equipment, Councilman Braswell moved to approve the purchase of-the diesel operated Mack Truck at a cost of $30,405.25. Councilman Hullum seconded the motion. The vote follows: 1 4268 Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Transfer Funds - Additional Cost Fire Truck Councilman Braswell moved to approve the transfer of $405.25 from the Unappropriated Surplus, General Fund, to cover the additional cost of $405.25 on the approved Pumper bid and not included in the 1966 -67 fiscal budget. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Bids - Electric Generating Plant Bids were received on the electric generating plant and the tabulation follows: Harrison Equipment Company Onan $4,269,35 Stewart & Stevenson Services Inc. Stewart G Stevenson $6,094.00 Waukesha Sales & Service Inc. Kohler $4,448.00 Wahlberg- McCreary, Inc Kohler $4,295.00 $3,492.00 It was the recommendation of the Administration that the low bid of Harrison Equipment Company for the Onan model at a cost of $4,269.25 he accepted. There is some concern regarding the delivery span of 90 -120 days, and the salesman was contacted. He. in turn, contacted the factory and was given no promise of faster delivery. After some discussion, Councilman Ball moved,to accept the bid of the Onan model from Harrison Equipment Company at a bid price of $4,269.35. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Bids - Garbage Body with Rear End Loader Bids for a garbage body with rear end loader were received and tabulated as follows: Gar -Wood Houston Truck Equipment, Co. Lumus Baytown Dodge Pak -Mor Manufacturing Co. Industrial Disposal Supply Co. Davis Truck Parts Inc. Gar -Wood $4,880.00 - Wayne. Michigan Hgil $5,354.00 - Milwalkee, Wisconsin Pak -Mor $4,850.00 - San Antonio, Texas E -2 Pack $6,490.00 - San Antonio, Texas Heil $5.055.00 - Milwalkee or Dallas Jack Morton, Public Works Director. gave a run down on the bids and recommended the purchase of the Gar -Wood body at a price of $4,880.00. This recommendation was made because the low bid did not meet specifications on the single motion operations and shipping costs of the truck on which the body is to be mounted will be less if the bid of Gar -Wood is accepted. Councilman Ball moved to accept the bid of Gar -Wood Houston. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum. Fanestiel and Donner► Mayor Cravey Nays: Councilman Braswell Bid - Four Door Sedan - Engineering Department Bids for the 4 -door sedan for engineering department were opened and tabulated as follows: Gross Trade -in Net Lumus Baytown Dodge Dodge Cornet $2.391.20 $418.39 $1.972.81 Thad Felton Ford Ford Custom $1.891.48 $ 52.00 $1,829.48 4269 Tabulation - 4- Dnor Sedan Bids - Continued Gross Net Kemp & Tony's Rambler Rambler $1.926.00 $400.00 $1,526.00 Ambassador John Wiesmer Chevrolet Biscayne $1.836.00 $102.00 $1,724.00 It was the recommendation of Mr. Morton that the low bid of Kemp & Tony be accepted. Councilman Donnelly moved to accept the low bid of Kemp & Tony on, the Rambler. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Bids - Diesel Tractor with Slope Mower The bids on the diesel tractor with slope mowers were opened and the tabulation follows: Lansdowne -Moody Co.. Inc. Ford 3413C - Astron SMI -395 $7,418.16 Lansdowne -Moody Co., Inc. Ford 44014E- Astron SW395 $8,021.86 Kemp C Tony's Equipment Co. International 1 -424 -D $7,602.20 Astron SMi -395 It was the recommendation of Mr. Morton to accept the bid of Kemp & Tony for the International Tractor and slope mower, basing his reasons on past experience with For tractors presently operated by the City, the service charge, and difference service warranty; for the Ford, 6- month; for the International, 1 -year. Councilman Ball moved to accept the recommendation and award the bid to Kemp & Tony Equipment Company for the International Tractor. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball. Hullum and Fanestiel Mayor Cravey Nays: Councilmen Braswell and Donnelly Bids - 8-inch Asbestos Cement Pipe - Water Line The tabulation of the 8 -inch asbestos cement pipe bids follows: Viking Supply Company 1250' x 1.48 per ft. $1,850.00 Maurice Princoffs Company 1250' x 1.55 per ft. M-10 days) $1,937.50 Utility Supply Company 1250' x 1.60 per ft. •$2,000.00 Johns - Manville Sales Corp 1250' x 1.58 per ft. $1,975.00 Mabry Foundry & Supply Co. 1250' x 1.60 per ft. $2,000.00 Once again, Mr. Morton recommended the acceptance of a bid which was not the low bid; his reasons, the two lowest bids are on pipe manufactured in Japan, Germany and South Africa and in contacting Water Superintendents of cities which have used this pipe, learned of the many difficulties arising from using the €oreign msufactured pipe. He recommended the low bid on domesticated manufactured pipe which was Johns - Manville at a cost of $1.975.00. Councilman Ball moved to accept the recommendation and award the bid to Johns - Manville Sales Corporation. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Ordinance Callina Hearina Strip Annexation - FM Road 1942 and Bohemian Road Councilman Donnelly moved to adopt an ordinance setting the date of January 26 1967 for a public hearing at the City Hall on the proposed additional strip onnexation along Bohemian Hall Road and FM Road 1942. Councilman Fanestiel seconded the motion. The vote follows: 7 4270 Ayes: Councilmen Ball, Hallam, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 848 AN ORDINANCE SETTING A DATE, TIME ADD 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 BATE THEREOF, Discuss - Construction of Carport at Radio Shoo The City Manager submitted a bid quotation of $1,405.50 for the construction of a 22 x 30 foot aluminum carport including a four inch concrete slab at the present radio shop under which v ehicles could be parked when the radio technician is working on a radio. During the budget study the City Manager was requested to try and find a build- ing that would be rented to house a radio shop but was unble to find one. This was the alternate discussed during the study. The Council discussed the condition of the building presently being used as a radio shop, suggested the use of the city -owned building at Wooster as the expenditure of funds at this location was not feasible or the appointment of a Council Committee to review the entire problem and suggest a work- able solution. Councilman Ball moved to table the question and refer it to a Council Committee for study. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilman Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Mayor Cravey appointed Councilmen Ball and Fanestiel as a Committee to review the entire problem and look for a workable solution. 7 Ordinance - Amendina Traffic Code - Speed limits The Council reviewed the amendment to the Traffic Ordinance which included the changes recommended by the Traffic Committee and the change on Loop 201 as recommended by the Texas Highway Department. Councilman Ball moved to adopt the ordinance as amended. 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. 849 AN ORDINANCE AMENDING AN ORDINANCE, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO BE KNOyN AS THE "TRAFFIC CODE OF THE CITY OF BAYTOWN"; REGULATING TRAFFIC ON THE PUBLIC STREETS OF THE CITY OF BAYTOWN; WORDS AND PHRASES DEFINED; AUTHORITY OF POLICE; DRIVING REGULATIONS, SPEED; DRIVING REGULATIONS - RULES OF THE ROAD; TURNING AND STARTING AND SIGNALS OF STOPPING AND TURNING; ACCIDENTS, RECKLESS DRIVING; STARTING PARKED VEHICLES; TRAFFIC AND PEDESTRIAN SIGNALS; PEDESTRIANS RIGHTS AND DUTIES; PARKING REGULATIONS; SPECIAL STOPS REQUIRED; MISCELLANEOUS DRIVING RULES; REPEAPNG ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF." BEING ORDINANCE NO. 752, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 26111 DAY OF AUGUST, 1965, BE AMENDING ARTICLE III - DRIVING REGULATIONS - SPEED, SECTION 22, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4 271 Adopt Ordinance - North Main Pavina Street - Morrell to Baker Councilman Braswell moved to adopt an ordinance ordering the improvement:of North Main Street from the north boundary line of Morrell Street to the South side of Baker Road and directing the Engineer to prepare an estimate of cost with;names of property owners and providing that a part of the cost will be borne by the property owner and the remainder of the cost by the City. Councilman Donnelly 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. 850 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT NORTH MAIN STREET, FROM THE NORTH PROPERTY LINE OF MORRELL AVENUE NORTHERLY TO THE SOUTH PROPERTY LINE OF BAKER ROAD EXTENDED EASTERLY, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS. FOR SUCH IMPROVEMENTS; DIRECTING THE.ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A WRITTEN STATEMENT OF THE NAMES OF THE. OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTURE OF ARTICLE 1105 -b DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorization - Advertise Bids - Paving North Main and Storm Sewers and Appurtenances Councilman Braswell moved to authorize the Engineer to advertise for bids on the improvement of North Main Street, from Morrell to Baker Road; to advertise for separate bids for the installation of storm sewers and appurtenances, using alternate bids on materials used in drainage. These bids to be received at 2:00 o'clock p.m., Wednesday, February 8th. Councilman Fanestiel seconded the motion. The,vote follows: Ayes: Councilmen Ball, Braswell, Fanestiel and Donnelly and Hullum. Mayor Cravey Nays : None Ordinance - Designating Planning Commisssion as Plannina and Zonino Commission Before the City Council can proceed with plans to consider a zoning ordinance, it is a legal requirement that a Zoning Commission be appointed. In order to meet this requirement, the City Manager introduced and read an ordinance appointing the Planning Commission of Baytown, which was created by ordinance on September 4, 1963, as the Zoning Commission for Baytown. Councilman Fanestiel moved to adopt the ordinance as read. Councilman Donnelly 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. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPOINTING THE BAYTOWN PLANNING COMMISSION AS THE ZONING COMMISSION OF SAID CITY; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A REPEALING CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4 272 Easement - Houston Liahtina & Power Company - Service Civic Center Councilman Fanestiel moved to authorize Mayor Cravey to execute an easement instrument granting Houston Lighting and Power Company a right -of -way for distribution lines, consisting of wires, poles and other necessary equipment across, under and over to service the Civic Center site. Councilman Braswell seconded-the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Consider - Street Use Ordinance At the December 22nd meeting action was deferred upon possible passage of a pro- posed Street Use ordinance.- it was placed on the agenda for this meeting as a matter of unfinished business. Copies of a slightly revised Street Use Ordinance were passed out to the Council by Mayor Cravey and a short recess was granted to permit interested parties to read the revised copy. After the meeting was called back to order, Mayor Cravey reviewed the content of Sections one, two and three and at the request of Councilman Fanestiel, reviewed the steips which have been taken by the City Council heretofore in relation to granting the CATV Franchise. This was done for the bene- fit of interested parties attending the meeting with an interest in the proposed Street Use Ordinance. Councilman Braswell was of the opinion that the passage of a Street Use Ordinance should eliminate further controversy. Councilman Ball, as a member of the Utilities Committee, verified the recommendation of the Committee for passage of a Usage ordinance. Dispite the numerous questions that have arisen regarding the ordinance, the CATV franchise, the Telephone Company and Phonoscope, Councilman Ball stated the Utilities Committee studied the ordinance carefully, the City Attorney has reviewed the original draft which is essentially the same as the one passed out by Mayor Cravey and he is of theopinion that the Utilities Committee is entitled to a decision by the Council, He further stated that based on what he has found, the Usage ordinance is legal - it is in widespread operation and affect-as franchises and CATV franchises in Texas-and other Slates - there is no question in his mind as to the validity of the ordinance and con- cluded with a motion that the revised ordinance, submitted by Mayor Cravey, be adopted. Councilman Braswell seconded the motion. Councilman Donnelly expressed a desire to delay action on the ordinance until he has had an opportunity to discuss its contents with the City Attorney, as well as other items of interest, and moved to table the motion made by Councilman Ball. Councilman Braswell stated that he had read the ordinance hurriedly, but had no questions and asked Councilman Donnelly for his questions. To this Councilman Donnelly replied that he had read it but did not understand it and wondered if there could be some conflict with existing franchises. Councilmen Hullum, Fanestiel and Bras- well made other comments following which Mayor Cravey declared the motion of Councilman Donnelly dead for want of a second and called for the vote upon the original motion. Mr. Bruce Ramsey, attorney for the Baytown Community Television, Inc., asked to be heard in behalf of his clients. Councilman Ball assured him that the Street Use ordinance was so drawn that it does not affect the CATV franchise and his clients are not affected by the ordinance. Mr. Ramsey stated that he had not examined the ordinance fully but was of the opinion that it does affect his clients. In his enumerations, he pointed out that Section 3 of the first Street Use ordinance was omitted from the revised draft; it was agreed that this would be included in the revised ordinance, if it would bring about an agreement and acceptance of the ordinance. Mr. Ramsey declined to accept and continued with a comparison of the CATV Franchise Ordinance and the Street Use ordinance until Mayor Cravey pointed out-that they were not comparable - Mr. Ramsey contended that they were - other discussion followed, afterwhich, Councilman Ball amended his original motion to include Section 3 of the first proposed Street Use ordinance -,Be it ordained express consent of the City Council. With the consent of Councilman Braswell who se- conded the motion. After some delay, and a request from Mr. Ramsey to postpone action upon the ordinance until later, the vote was called and the tabulation follows: Ayes: Councilmen Ball, Hullum, Braswell and Fanestiel Mayor Cravey Nays: Councilman Donnelly 4 273 Committee Reports Councilman Fanestiel reported that the Driver's Improvement Training Course for Senior Citizens will begin January 17th and a 2 -hour session will be held January 19th 24th and 26th. To date, twenty -three interested citizens have enrolled to take the special training course. Councilman Braswell. the Council representative on the Harris County Pollution Control Committee, submitted a request for permission to arrange to have tests made by the U. S. Public Health Service of the water surrounding the City to see if the waters are contaminated by virus germs. such as recently reported in the Houston papers. Mr. Lanham suggested that the tests would be made by the City and County personnel but Mr. Braswell felt that it would have greater impact if done by the U. S. Public Health Service. He moved to authorize the Chairman of the Baytown Pollu- tion Committee to investigate and determine the cost that would be involved to have personnel of the U. S. Public Health Service run such a test. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell. Fanestiel and Donnelly Mayor Cravey Nays: None City Manager's Report City Manager Lanham stressed the need of acquiring additional right -of -way at the intersection of Garth Road and Park street intersection. The Director of Public Works presented a sketch of the intersection. Garth Road going north from Morrell Street has a 80 -foot right of way but the one block between Morrell and Park going south has only 50 -foot right of way. In order to ease the existing congestion at this inter- section, it will be necessary to acquire additional property from two. different pro - perty:owners. Mr. Lanham asked permission to have the properties involved appraised. Councilman Ball moved to authorize the Administration to have the two pieces of property appraised. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilma Ball, Hullum, Braswell. Fanestiel and Donnelly. Mayor Cravey Nays: None Due to construction of the Mp spur to the U. S. Steel site. it will be necessary to replace 250 feet of sanitary sewer mains and 40 -feet of water line on Parkway Drive will have to be encased. Mr. Lanham reported that Mopac will pay for the cost of the material and installation but has proposed that the City have the work done under the supervision of the City Engineer. The Company will then reimburse the City for,all costs involved. Rather than use city forces. Mr. Lanham asked permission to hire a contractor on cost -plus basis to do the work. Councilman Donnelly moved to authorize the City Manager and City Engineer to negotiate with a contractor to do the required work. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Ball, Hullum, Braswell. Fanestiel and Donnelly Mayor Cravey Nays: None The Consulting Engineers will have plans on the interceptor lines for the east district plant ready for Council consideration on February 9th. Bids for the improvement of Airhart Drive will be received on February 6th. They will be opened and tabulated for presentation to the Council for consideration at the February 9th meeting. 4 274 City Manaaer's Report - Continued Mr. Lanham reported that the Planning and Zoning Commission plans to start its public hearings on the proposed zoning of Baytown, Friday evening, January 20th and the Commission has asked for permission from the Council to hire a Court Recorder in order to be certain all comments are recorded - this would be beneficial not only to the Commission but to the City Council. However, the total cost cannot be estimated - the Recorder charges ninety (90t) cents per page plus travel. In lieu of a Recorder, it was suggested the hearings be recorded on tape and a typist could be hired to transcribe the proceedings from the tape. Councilman Braswell moved to instruct the City Manager to discuss with the Planning and Zoning Commission the proposal to use the recorder at the hearings afterwhich a typist will be hired to transcribe the proceedings from the tape. In the event the Commission feels that this would not be satisfactory, the City Manager be authorized to hire a Court Recorder for the first session only. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Ad_i ournment There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. .e ri Edna Oliver, City Clerk