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1967 09 14 CC Minutes4409 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 14, 1967 The City Council of the City of Baytown, Texas met in regular session on Thurs- day. September 14, 1967 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Councilman Glen Walker Councilman Don M. Hullum Councilman A. M. Braswell Councilman Albert Fenestiel Councilmen Lamar Kelley Councilman Seaborn Cravey Mayor Fritz Lanham City Manager Richard Park Ass't. City Attorney Edna Oliver City Clerk The Mayor called the meeting ID order, the Invocation was offered, afterwhich the Mayor called for the minutes of the regular meeting of August 24th. Councilmen Fanestiel moved to approve the minutes as submitted in written form. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Bell, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Petition -- Set Aside Decision to Pave One Black Caldwell Street Councilman Walker moved to accept a petition, bearing the signatures of fifteen property owners on the 100 block of Caldwell Street, requesting that the City Council set aside the decision to pave, curb and gutter or set storm sewers on the 100 block of Caldwell Street until such time that all streets, storm sewers and gutters surrounding Calswell to the north are completed and drainage improved. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The administration will check the petition for verification of ownership according to the tax rolls of the City. Bids - Police Uniforms Only one bid was received for furnishing uniforms to the Baytown Police Department after an opportunity was given for competitive bidding. It was the recommendation of the Administration that the bid be opened. Councilman Braswell moved to open the bid. Coun- cilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The bid was submitted by Edelmans', Sam E.dleman, Owner. The quotations follow: Trousers, $15.25 pr., Shirts, $15.50 each, Patrolmen's Jacket, $24.00 each, Cap frame, $3.25 each, Blue Cap cover, $3.25 and White Cap cover. $3.25 each. Councilman Walker moved to accept the bid as submitted. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4410 Truman Cox - 1967 Equalization Report Truman Cox, a member of the 1967 Equalization Board, presented a brief resume of the proceedings of the Board for the year, 1967, together with comments and recommenda- tions in written form. Some questions followed the presentation, afterwhich, Council- man Braswell moved to accept the report of the 1967 Board of Equalization. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Iv" Mayor Cravey Nays: None Copies Ordinance - Recommended By Clean -Up Committee - Controlling Litter The Council received a copy of an ordinance which was recommended by the Baytown Clean -Up Committee and dealt with the existing problem of litter around Drive -Inn Restaurants and other food establishments throughout the City by requiring the pro- vision of receptacles on the premises by the owner or operator and the disposing of litter within the receptacles provided by the patron or customer. Mr. A. N. Johnson, a member of the Clean -Up Committee, was spokesman for his group and reviewed the need and reason for the recommended passage of such an ordinance. After some discussion, It was agreed that the Council will make a study of the proposed ordinance, it con- tents will be publicized and final disposition will be made at the next regular meeting. Bids - Beaumont Street Paving Bids were received on the permanent improvement of Beaumont Street from Davis Road to the north line of Fortune Drive. They are tabulated as follows: Contractor Asphalt Concrete Gulf Bitulithic $39,074.00 $42,261.00 W. L. Worthen 40,903.50 48,916.00 Brown G Root, Inc. 34,708.75 40,297.65 Skrla, Inc. 35,793.00 43.243.70 It was the recommendation of the engineer, A. J. Busch, Jr., that the bid be awarded to the low bidder, Brown t; Root, Inc. on the basis of the low base bid of $34,706.75. Councilman Ball moved to accept the recommendation of the engineer, the bid be awarded to Brown G Root, Inc., on the basis of the low base bid of $34,708.75. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Deny Reauest - Place Steel Building No. 1 Fire Zone Councilman Ball moved to deny the request of Weisner Chevrolet Company for per- mission to place a metal building in Fire Zone No. 1 and bounded by North Main, Defee Street, First Street and Texas Avenue. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: Councilman Walker Proposed Ordinance - Establishina Charges Use of Sanitary Landfill - Private Haulers Imo` The Council reviewed a proposed ordinance which established charges for the use of the sanitary landfill by private haulers or individuals by a ticket system. The proposed charge was broken down by vehicle classification - one ton; A -B-C and vehicles in excess of one ton; D - E - f F. with enumerated fees ranging from class- ification A through F. Several changes were recommended. These will be incorporated in a new draft which will be presented to the Council prior to the next regular meet- ing of the Council. 4411 Approve Change Order No. 2 - East District Interceptor & Trunk Sewer Proiect Mr. Lanham reported that the foundation slab of the Woodlawn Lift Station was placed ninety degrees off of the correct position. The engineers revised the drawings to show the rearrangement necessitated by the misplacement and the Contractor will bear all expenses involved in making the change in plans and the additional material costs. Councilman Braswell moved to approve the Change Order No. 2. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey _ Nays: None Adopt Revised Parks and Recreation Ordinance The Council reviewed an ordinance revising the ordinance creating the Parks and Recreation Board to provide for three year terms of its members rather than two year terms as is presently provided; Also, changing the meeting place to the Community Center rather than the City Hall. These changes were recommended by the present Parks & Recreation Board. Councilman Ball moved to adopt the ordinance providing for the proposed revisions as recommended. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Bell, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 885 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS CREATING A PARKS. AND RECREATION BOARD; THAT SUCH BOARD SHALL BE CHARGED WITH THE RESPONSIBILITY OF ADVISING THE CITY COUNCIL ON ALL MATTERS CONCERNING THE CITY'S PARKS AND RECREATIONAL FACILITIES; PROVIDING FOR TERMS OF —1 OFFICE AND QUALIFICATIONS OF BOARD MEMBERS; PRESCRIBING RULES OF PRO- CEDURES FOR SUCH BOARD AND ENUMERATING, FOR GREATER CLARITY, CERTAIN FUNCTIONS WHICH COUNCIL FEELS THAT SUCH BOARD SHOULD UNDERTAKE; REPEAL- ING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND . PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Establishing Industrial District No. 1 The Council reviewed a proposed ordinance establishing Industrial District No. 1 by designating a portion of the unincorporated area now lying within and subject to the extraterritorial jurisdiction of Baytown as an industrial district. Section 3 of the draft was emended to include suppliers of services, utilities and leased or rental facilities or equipment; to replace the word "existence" in the last sentence with the word "effect ". Councilman Walker moved to adopt the ordinance designating Baytown Industrial District No. 1. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DESIGNATING A PART OF THE AREA LOCATED WITHIN ITS EXTRATERRITORIAL JURISDICTION AS AN INDUSTRIAL DISTRICT, SAME TO BE KNOWN AS " BAYTOWN INDUSTRIAL DISTRICT NO. I," AS PROVIDED FOR BY THE TEXAS MUNICIPAL ANNEXATION ACT OF 1963; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4412 Ward Road Crossing - Railroad Signalization - Reguest City Share in Cost At the August 10th regular meeting, the City Council instructed the City Manager to notify officials of the Southern Pacific Railroad Company that the City would forego the installation of traffic signalization over their rail crossing - West Texas Avenue and Southern Pacific bear the full cost of traffic signals at their crossing on the Ward Road extension. Mr. Lanham submitted a copy of the reply.in which the City was being asked to reconsider and participate in the costs of the traffic signalization on a 50/50 basis. In the opinion of the City Attorney the Courts of the various states and the U. S. Supreme Court have held that a City can require the Company to bear all the costs in a proper case and from his study of the facts of this case. the City can require Southern Pacific to bear a much greater percentage than 50% and something approaching 100% of the total cost. Councilman Braswell expressed some concern regarding the City's responsibility in this case in sharing in the cost up to 25% since it is requesting an easement to cross an existing railroad crossing right -of -way. Councilman Kelley moved to reject the proposal - the City choses to refuse to share in the cost of the signalization expense. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker. Hullum. Fanestiel and Kelley Mayor Cravey Nays: Councilman Braswell The City Manager was instructed to invite representatives of the Company to meet with the Council for a discussion of crossing maintenance and other problems. Allocate Funds - Fresh Water Resources C Recreation Committee - Lake Burnett Proiect Councilman Walker moved Recreation Committee for the materials on the acquainting man Braswell seconded the mo Ayes: Councilmen Ball, Mayor Cravey Nays: None to allocate $250.00 to the Fresh Water Resources and preparatory work in compiling brochures and other pertinent and formation of the proposed Lake Burnett project. Counc il- tion. The vote follows: Walker. Hullum, Braswell, Fanestiel and Kelley Turn Off Traffic Sionalization - Decker Drive - Complete Project Councilman Ball expressed his concern over the traffic situation presently existing on Decker Drive due to the operation of the newly.installed traffic lights without completion of the entire project. He proposed that they be turned off until the project is completed. Some of the others felt that this would only add to the confusion if the lights were turned off since a pattern is being formed. It was suggested that the lights be covered. should the Council choose to.discontinue operation until the project Is completed. After some delay. Councilman Ball moved to stop operation of the traffic signals on Decker Drive at Garth, Memorial Drive and Lobit Street pending completion of additional lanes, installation of buttons and overhead signs to aid motorists and provide an even flow of traffic in lanes designed to carry straight ahead and left turn traffic on Decker Drive as per traffic light design. Councilman Hullum seconded the. motion. The vote follows: Ayes: Councilmen Ball. Hullum. Braswell and Kelky Nays: Councilmen Walker and Fanestiel Mayor Cravey rove Execution - Agreement United Carbon- Industrial District Committee Councilman Kelley, reporting for the Industrial District Committee, stated that an agreement had been made with United Carbon which is identical with the agreement which was made with Humble Company with the exception of the value figures. He moved for the Council to accept the contract with United Carbon and authorized the signing as agreed. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4413 I d, 1 I Return Requirement 65% Proaerty owner Sianatures _ Street Improvement Participation Basis Because of the problem that has resulted on Caldwell Street with the 51% property - ower signature requirement provision for major ,street improvement. Councilman Walker proposed that the Council give consideration to raising the percentage from the now 5196 to the former 65% property owners signature requirement for major street improvement on a participation basis. This will eliminate the possibility.of future close decisions to come before the Council. He concluded his remarks with a motion that the Council return to the 65% property owner signature requirement for petitioning street improve- ment on a property-owner participation basis. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker. Hullum, Braswell, Fanestiel.and Kelley Mayor Cravey Nays: None Audit Books - Ambulance Contractor The Administration was instructed to conduct an audit of the books of the Baytown Ambulance Service following the close of the first quarter of operation. Study - Deep Water Port Facilities At the suggestion of Councilman Braswell. the Council agreed to invite Frank Newman, consulting engineer with a Houston firm, to meet with them to discuss a feasibility study of establishing port facilities in Baytown to handle dry cargo. Should the study prove to be feasible and the property owners of Baytown approve bonds for its construction, Councilman Braswell was of the opinion that it would be a self - sustaining port and nothing could be of more value to the growth of Baytown than the construction of such a port. Proposal Donate Fire Duck to Parks G Recreation Committee At the last regular meeting, the Council received a proposal from the Parks and Recreation Board for the city to donate a 1929 Seagraves Fire Truck for location at a city park for the entertainment of children. The Council decided against the re- quest and proposed to auction off the fire truck. At this meeting the Mayor proposed to reverse the former action and donate the truck to the Parks & Recreation Board for the aforementioned purpose; however, some members disapproved for various reasons. Councilman Hullum moved to donate the fire truck to the Parks & Recreation Board. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Hullum Mayor Cravey Nays: Councilmen Walker, City Manager's Report and Kelley Braswell, Fanestiel and Ball. Copies of the Southern Standard Housing Code were passed out to the Council by Mr. Lanham. together with comments by the Chief Building Inspector. Leo Frost. The adop- tion of this code is one of the requirements of a Workable Program which must be.in force if the Council choses to implement a comprehensive code compliance program to construct apartment units under the rent supplement.program. The item will be placed on the agenda for some future meeting following study by the Council. Mr. Lanham reported that depository bids will be received on September 26th for consideration at the September 28th meeting. The Department of Safety of the Texas Highway Department has notified Mr. Lanham that the Department does not have funds to purchase air conditioners and maintain a building but do have funds for rental fees. The Department has suggested that the Administration submita rental fee figure to cover these items and negotiate on that �7 basis. The Administration will continueits study and present figures at a later.date. 4414 City Manager's Report - Continued Councilman Braswell reported on a visit which he and other members of Fresh Water Recreation and Resources Board had made with influential persons at Texas A. G M. College relative to the implementation of the Lake Burnett Project. At the close of the Board's presentation, they were told that a report would be forthcoming stating the fee for a preliminary feasibility study. A letter has been received in which it was proposed that an attractive and well prepared document be prepared for effective presentation of the problem in its broadest scope to the various agencies and levels of government that have the jurisdiction and resources to implement the solution. It was estimated that between $1,500 and $2,000 will be required for the preparation of such a report. Since the Council had previously expressed its support of the program by allocating $250,00 for the preparation of brochures, Councilman Walker moved for the Council to go on record as favoring the detailed study - Lake Burnett fresh water project; and will do whatever it can to furnish some financial support. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball. Hullum, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Joint Election Proposal Councilman Walker gave a brief resume on the recent meeting held at the School Administration Building relative to holding joint elections with City, School and College. It was voted at the meeting that the various groups do whatever is necessary to attempt to synchronize all the elections and it was suggested that each representa- tive take this recommendation back to its own group. He concluded by moving that the Council express favoring the recommendation. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None r Adiournment Councilman Fanestiel moved for the meeting to adjourn. Councilman Hullum seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST: I- Edna Oliver, City Clerk Seaborn Cravey, Mayo