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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. 4 320 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 4321 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 4323 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: 4 324 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: 4325 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