1967 04 12 CC Minutes4319
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 12, 1967
The City Council of the City of Baytown, Texas, met in regular session on Wed-
nesday, April 12, 1967 at 5:30 p.m., in the Council Room of the Baytown City Hall
with the following members in attendance:
Patrick Ball
C. M. Massey
Glen Walker
Don M. Hullum
A. M. Braswell
Albert Fanestiel
Lamar Kelley
Seaborn Cravey
Fritz Lanham
Richard Park
Edna Oliver
Absent: George Chandler
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
di ty. Man ager
Assn't City Attorney
City Clerk
City Attorney
The Mayor called the meetingto order, the Invocation was offered, afterwhich,
he called for the minutes of the regular meeting of March 30. and the special meeting
of March 27. Two corrections were made to the regular meeting minutes -.Proceed Plans
Bowie School Park Project (1) prepare plans and specifications for the Bowie School
parksite, the maximum to be set at $1,500-00; and, (2) the final vote on the question
to read:
Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
With these correction, Councilman Ball moved to approve the minutes as amended.
Councilman Massey seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Braswell and Fanestiel
Mayor Cravey
Nays: None
Resolution - Canvassine Election Returns and Declarinc Results of Election
The City Council canvassed the returns of the General Municipal Election held
April 4, 1967 by verifying the election totals of the eleven precincts and the
absentee machine at City Hall as submitted by the election judges. The City Manager
then introduced and read a resolution declaring the results of the election, findinG
that notice was duly held and the returns made by the proper officials in accordance
with the laws of the State of Texas. Councilman Ball moved to adopt the resolution
as read. Councilman Massey seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Braswell and Fanestiel
Mayor Cravey
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 167
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION
HELD WITHIN THE CITY OF BAYTOWN ON THE 4TH DAY OF APRIL, 1967, FOR THE
PURPOSE OF ELECTING A [MAYOR FROM THE CITY AT LARGE; AND THREE COUNCIL-
MEN FROM THE RESPECTIVE DISTRICTS NOS. 2. 3 AND 6, DECLARING THE
RESULTS OF SAID ELECTION, FINDING THAT NOTICE OF SAID ELECTION WAS DULY
AND PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS
IN ACCORDANCE =WITH THE LAWS OF THE STATE OF TEXAS.
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Oath of Office Administered - Mayor and Three Councilmen
Corporation Court Judge Barney L. Ward administered the Oath of Office to
Seaborn Cravey as Mayor and Glen Walker, Don M. Hullum and Lamar Kelley as Councilmen
from Districts Nos. 2, 3 and 6 respectively, for the two ensuing years. Congratula-
tions were extended to the new city officials. Outgoing Councilman C. M. ,Massey
expressed his appreciation for the cooperation and support extended him during his
tenure of office. As an expression of appreciation, Mayor Cravey presented Mr.
Massey with a piece of luggage for the service rendered the community during the past
two years.
Bids - Commerce Street Improvements
Bids for the improvement of Commerce Street were tabulated as follows:
Brown & Root, Inc.
70 working
days
$81.309.25
W. E. Worthen
45 working
days
87,306.75
Gulf Bitulithic Company
75 working
days
87,802.75
Skrla, Inc.
45 working
days
92,313.80
It was the recommendation of the City Manager that the low bid of Brown & Root,
Inc. be accepted, subject to the public hearing which will of necessity have to be
held because of property owner participation. Councilman Braswell moved to award the
contract for the improvement of Commerce Street to the low bidder, Brown & Root, Inc
subject to the public hearing. Councilman Fanestiel seconded the motion. The vote
follows:
Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
In connection with the Commerce Street improvement, the Council discussed the
long range plans to acquire necessary right -of -way to extend-Commerce Street to inter-
sect West Main for a smooth traffic flow entrance rather than the 900 intersection
which will exist at Gulf and West Main. Councilman Braswell moved to authorize the
City Manager to establish street lines for the extension of Commerce Street to the
south. Councilman Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None-
Larry Hale - Planning & Zonina Commission - Recommendation - Drainaae Study FCD
Larry Hale, Chairman of the Baytown Planning & Zoning Commission, submitted an
oral recommendation for the Council to request the Harris County Flood Control District
to make a drainage study of the area north of the city limits of Baytown extending
to Interstate Highway 10. This recommendation was made due to the fact that the,
Commission had recently received a request from a subdivider to waive certain restrictnns
which are set forthin the City's Subdivision Ordinance. The proposed development
is located abutting Garth Road within the 2 -mile extraterritorial jurisdiction of the
City of Baytown. The Commission agreed to waive the water and sewer restrictions but
not the streets and drainage requirements since Baytown's future growth is projected
for the area to the north. members of the Commission have looked at the area but are
not qualified to'give the developer drainage grades and plans as this is the responsi-
bility of the Flood Control District. He concluded his remarks with the recommendation
that a formal request be made to the County Commissioner and the Harris County Flood
Control Distirct for a study of the drainage problems of the area north of Baytown up
to Interstate 10. and to make whatever preparations necessary to plan and execute pro-
per drainage for an area which is included in the projected growth of Baytown. Council-
man Braswell moved to approve the Council requesting this study to be made by the
Harris County Flood Control District, and stressing the urgency of the study due to the
projected growth of Baytown due to the U. S. Steel complex. Councilman Ball seconded
the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Massey
Mayor Cravey
Nays: None
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Mr. Hale pointed out the urgent need of a City Planner, and asked the Council
seriously consider this need when preparing the 1967 -68 fiscal year's budget.
*a Councilman Hullum excused from the meeting.
Ordinance - Calling Hearing of Benefits - .North Main Street
Councilman Ball moved to ado p IR ordinance ratifying and confirming prior action
taken on the improvement of North / reet, from Morrell to Baker and calling a public
hearing for the benefit of all owning and claiming any interest in any property
abutting upon said street. The hearing will be held by the City Council in the Council
Chambers of the City Hall at 6:30 o'clock P.M., Thursday, May 11, 1967. Councilman
Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None .
The caption of the ordinance follows:
ORDINANCE NO. 860
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING
ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF
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; MAKING APPROPRIATION OF FUNDS FOR PAY -
MENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; ORDERING
THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS
IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS
RELATIVE THERETO, SETTING AND FIXING THE TIME ANDPLACE OF SAID HEARING
AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Review - Plans for Street and Parking Areas - Civic Center Site
Messrs. Lammers and Busch presented plans for the
in the Civic Center site with projected cost estimates
1. Walks and Terraces - Broom finished
concrete and Pebble - finished Concrete
2. Concrete retaining walls
3. Three flagpoles
4. Twenty -Four Magnolia Trees
5. Roadways complete with curb and gutter for
all roadways including the West Main St.
connection, including contingencies
6. Roadways deleting the curb and gutter for
the West Main Street connection
including contingencies
7. Roadways deleting the Rest Main Street
connection in its entirety, including
contingencies
8. City Hall Parking lot, including
(96 spaces) contingencies
9. Civic Center Parking Lot, including
(140 spaces) contingencies
10. The total cost of roadways complete, in-
cluding the West Main StreEL connection, with
curb and utter and both parking lots, in-
streets and parking areas
as follows:
$16,163.75
8,560.00
1,000.00
2.400.00
$28,123.75
59,500.00
(55,000.00)
(48,000.00)
21,450.00
29,700.00
9
cluding contingencies $110,650.00
Total $138,773.75
Mr. Lanham reported that based on contracts that have been awareded, estimates
of cost on furniture, inspection and architect fees, revenues from savings and the
government grant there is a total of $80,500.00 remaining for construction o'f streets,
parking lots and landscaping. If city forces were used to clear the area in question,
$2,000.00 could be deducted from the total contract price. Also, it was suggested that
4322
the West Main connector street be deleted from the contract at this time, it could
be constructed at a later date. Mr. Lanham also reported there is a surplus of $17,000
remaining from the Airhart.Drive project which was budgeted at $49,000.00 and cost only
$32,000; these funds can be used as the Council chooses and it may want to apply same
to the Civic Center site deficit. It was also suggested that items 8 G 9 be deleted
from plans at this time or the ninety -six parking spaces allocated for the city hall
be reduced. Councilman Ball stated that the planning which has been done in the past
has been attempted as a first class job, but the Council has been aware that some
things may have to be postponed rather than quality lowered becuase of lack of funds.
He proposed acceptance of items 1, 2, 3, 4 and 7 as presented. Budgeted funds are
short in an amount of $58,274.00 and by the deletion of $11,500 from the total road
ways, $2,000 for city clearing plus items 7 & 8, a total of $64,650.00 from the pro-
posal, there will be a surplus of $6,376.00 remaining in the bond funds. Should the
Council decide to use the $17,000.00 remaining from the Airhart Drive contract, this
would give $23,376.00 which could be applied toward construction of parking lots. Should
city forces be used to construct the parking lots, $33,248.00 (65% of the total esti-
mate of $51,150.00) would be needed for materials to construct the parking lots
as shown in the proposal - this would leave a deficit of approximately $10,000.00.
In order to eliminate a deficit, the City may choose to dela e a portion of the
ninety -six spaces shown in the proposal -for parking at City Hall. An alternate would
be to hire a contractor using the $23,000.00 - this would provide less than one -half
of the proposed parking for both buildings. Councilman Ball asked the City Manager
if the city forces were used to do the clearing and parking lot construction, would
it have an adverse effect upon the work load on other city jobs to which the City
Manager replied that he has a list of about ten city streets when he had planned to
rework during the summer using city forces. If this additional project is scheduled
to be done by the City, all of the projected stree4-improvement cannot be done as
planned. Councilman Ball asked for a list of the streets - if the above proposal is
substituted, how much of the work would not be done as per estimate cost. Councilman
Braswell suggested thepossible deletion of some of the curb around the parking lots
at this time, deleting some of the parking spaces as outlined and possibly some of the
asphaltic topping, with the understanding that within the next two years this work
would be completed. Councilman Ball felt that the solution was simple, it was a matter
of choice - which streets are included in the summer project, which streets are omitted.
Councilman Fanestiel suggested some workshop sessions with Mr. Lammers and Mr. Busch
after the estimates on the streets are received from Mr. Lanham, and Mayor Cravey
expressed a desire to see all of the work done as shown on the proposal with the
exception of the West Main Street connection. After some disuussion, Councilman Ball
moved to advertise for bids on Items 1, 2, 3, 4 and 7, of the proposal submitted by Mr.
Lammers, excluding the clearing of the area which will be done by city forces; City
Administration to furnish the Council with a list of the streets included in the summer
program in order for the Council to make its decision on whether or not a portion will
be deleted from the summer program so that the funds required for their improvement may
be used to complete the.parking lots included in Mr. Lammers proposal. Councilman
Walker seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Fanestiel and Kelley
Mayor Cravey
Nays: Councilman Braswell
State Law - City Authority to Enforce Subdivision Deed Restrictions
Councilman Braswell proposed that an ordinance be drafted whereby the City of
Baytown may enforce subdivision deed restrictions under the state law. City Atbrney
Chandler submitted a copy of the state statute which is permissive; the City may sue
if a proper case but it is not mandatory that it do so. He pointed out that the Council
could establish a policy which the Administration would follow, rather than have the
complainant appear before the Council in each case. This would have to be done by
resolution or ordinance. After some discussion, Councilman Braswell moved to instruct
the City Administration to have an ordinance prepared whereby the City would take on
the responsibility of enforcing subdivisim deed restrictions; also, the Mayor to
appoint a Committee to work withthe Administration in compiling procedures for
enforcement of the ordinance. Councilman Kelley seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
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Mayor Cravey named Councilman Ball, Kelley, Chief Inspector Leo Frost and the City
Attorney as a Committee to work out the guide lines. for.the prop®ed ordinance. Coun-
cilman Ball was ,asked to serve as Chairman of the Committee.
Approve Easement Change Houston Lighting & Power Company - Civic Center Site
Upon recommendation of Lowell Lammers, Architect, Councilman Walker moved to
grant permission to Houston Lighting C Power Company to re -route a 10 -foot utility
easement which will serve the City Hall -Civic Center site. The easement will be
re- routed from Market Street, as was approved September 30, 1966, to the West Main
Street side of the site. Councilman Kelley seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell,. Fanestiel and Kelley.
,Mayor Cravey
Nays: None
Transfer Resolution
Councilman Fanestiel moved to adopt a resolution transferring $3,524.85 from the
Council Contingency Fund - $2,824.85 - and $700.00 from Budget Account 201 -10 -4, Police
Department Capital Outlay to pay for advertising at City Hall and Police Department
and for repair of automobiles in the Police .Department. Councilman Braswell seconded
the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,.
AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND FIVE HUNDRED
TWENTY -FOUR DOLLARS AND EIGHTY -FIVE ($3,524.85) CENTS FROM THE BUDGET
ACCOUNTS 101 CONTINGENCY FUND AND 201 -10 -4, POLICE DEPAR3MENT CAPITAL
OUTLAY EQUIPMENT TO BUDGET ACCOUNTS 107 -6 -5, 201 -5 -4 AND 201 -6 -5.
Adopt Ordinance Creating Fresh Water Recreation & Resources Board
Councilman Fanestiel moved to adopt an grdinance creating a nine - member Fresh
Water Recreation & Resources Board which will act in an advisory capicity to the
City Council for the present and future growth of this area relative to fresh
water reservoirs for recreation, industrial and community needs. The Board will
be composed of seven (7) civic - minded Baytonians, the Mayor and one (1) Councilman.
Councilman Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley.
Mayor Cravey
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 861
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING
THE BAYTOWN FRESH WATER RECREATION AND RESOURCES BOARD; PROVIDING FOR
ITS MEMBERSHIP; QUALIFICATIONS OF BOARD MEMBERS AND TERMS OF OFFICE;
PRESCRIBING THE AUTHORITY AND DUTIES OF SUCH BOARD; REPEALING ORDINANCES
INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Approval - Appointment of Board - Baytown Fresh Water Recreation and Resources
Councilman Fanestiel moved to approve the appointment of Gene Muller, as Chairman,
Bill Floyd, Nelson Longnecker, Dean King, E. A. Rose, 0. L. Clevenger, Bill White,
Mayor Cravey and Councilman Glen Walker to the Board of Fresh Water Recreation and
Resources. Councilman Braswell seconded the motion. The vote follows:
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Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Report - Ambulance Committee
Councilman Braswell reported that the Ambulance Committee had met earlier in
the week and they were now ready to offer a new proposal for a different type of
arrangements for operating the Ambulance service in Baytown. He proposed that the
Ambulance Operator supply two (2) ambulances two shifts per day and one (1) ambulance
one shift per day; all dispatching to be done throughthe Police Department dispatcher;
the ambulances be manned at either one or two fire stations - this to be left to the
discretion of the Ambulance Operator - the Committee preferred one to be located at
the Wooster Fire Station, one at Ward Road Fire Station. This would enable the Ambu-
lance Operator to reduce the number of men to a maximum of ten (10) per day, he would
eliminate radio transmitting expense, save on automobile insurance plus the amortiza-
tion of one ambulance, also save on rent and utility expense. In conjunction with
this, he proposed that the City purchase one station wagon and equip it as an emergency
vehicle but operate it as a police patrol car. This vehicle could be used when the
ambulances are on other calls, however, it would not normally operate outside of the
city limits. In case of an emergency, the vehicle could pick up cases adjacent to
the city limits and transport them to hospitals inside the city limits. Hospitals
management would then be responsible for securing ambulance transportation to hospitals
outside the city limits, such as Houston or Galveston. By having the emergency
vehicle, the City could then go to Industry and assure them that the City could provide
ambulance service. A contract for this service could then be negotiated between the
City and Industry. This proposal would lower the subsidy from the present $6,000 per
month to a maximum of $3,000 per month. He concluded his report by proposing that
Mr. Camp be asked to re- negotiate his contract on this basis of reduced subsidy, if
he is not interested in re- negotiating of this basis to ask for new proposals and
proceed with the purchase of a station wagon so that Industry could be apprised of
the City's ability to furnish ambulance service in case of emergency. Mr. Camp was
-in the audience and informed the Council he had studied the figures and proposal of
the Committee and felt that he could not re- negotiate on this basis - when questioned
by the Council relative to the figures, he reported that an attorney and CPA had looked
at the figures and assuted him there was no possible way of effective operation as
proposed. The Council was unanimous in its opinion that new bids should be sought
on the basis of new proposal if Mr. Camp cannot modify his service and show cause
why the figures shown on proposal cannot be substantiated. After a lengthy discussion,
Councilman Fanestiel moved to take bids on a station-wagon-type ambulance, and necessary
equipment, to be operated by the Baytown Police Department as an emergency vehicle;
secondly, as soon as the vehicle has been received to start negotiating contracts with
industry for furnishing ambulance service in cases of emergency. Councilman Ball
seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Since Mr. Camp felt that he could not re- negotiate his present contract on the
basis proposed by the Ambulance Committee, Councilman Walker moved to continue ambulance
service on the present basis; to advertise for new bids on the basis of the proposal
presented by the Ambulance Committee at this meeting. Councilman Ball seconded the
motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Fire Department Fnplovees - New Work -Week Schedule
l
Councilman Walker moved to authorize the installation of a new work -week schedule for
paid firemen , reducing the hours worked by each fireman to 56 hours rather that the
60 -hour schedule - such change -over to become effective as soon as the two present vacancies
have been filled; also, to add an additional man provided budgeted funds are available.
Councilman Braswell seconded the motion. The vote follows:
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Ayes: Councilmen Ball,
Mayor Cravey
Nays: None
Walker, Braswell, Fanestiel and Kelley
Request General Telephone - Permission Deviate Easement - Cable Phonoscope
Councilman Braswell reported upon the many complaints he had received recently
relative to the manner in which General Telephone is stringing service cable for
Phonoscope. The Company is.not following the present established power line ease-
ments but crossing streets where no easement exists, and setting poles in street
rights of way - evidently for economy reasons. The Telephone Franchise permits the
use of alleys and easements but, according to the City Attorney, they must get per-
mission from the City Administration or City Council if any deviation is made from
this pattern. The Council directed the City Manager to contact E. 0. Cambern, District
Manager of General Telephone, and tell him the Company must get approval from
the City Manager of the City Council before deviating from existing power lines ease-
ments or alleys. Also, they are requested to correct any discrepancies that presently
exist due to the stringing of service cable for Phonoscope.
Fanestiel - Traffic Committee Report
Councilman Fanestiel gave a brief report on the actions of the Traffic Committee
relative to solving the problem of loading at Lyons Supply Company, 801 North Main.
Mr. Lyons was invited to meet with the Committee and after hearing the plans for strip-
ping North Main and installing No Parking signs for better movement of traffic,.Mr.
Lyons agreed to move his loading docks to the south side of his building. Also, the
Committee has eliminated parking and meters on North Pruett Street, between Texas and
Sterling; also No Parking between Texas and Pearce on South Pruett.
City Manager's Report
Mr. Lanham reported that two Capital Improvement Projects, waterline on Baker Road
and Airhart Drive, are virtually complete. The street will be stripped after the
topping has been laid for about two weeks.
Mr. Lanham and City Engineer Morton will meet with residents on Caldwell Street
in Lake wood for a discussion of improvement of the street on a participation basis.
Bids will be received on,the cleaning and painting the Park Street water tower
will be received on April 26.
Bids on the stacking chairs for the Community Center Building will be received
April 18.
Adiournment
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 de-
clared the meeting adjourned.
Edna Oliver, City Clerk