Loading...
1968 01 11 CC Minutes4458 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 11, 1968 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, January 11, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Glen Walker * A. M. Braswell Albert Fanestiel Lamar Kelley ** Seaborn Cravey Fritz Lanham Richard Park Edna Oliver Absent: Don M. Hullum Councilman Councilman Councilman and Mayor Pro Tem Councilman Councilman Mayor City Manager City Attorney City Clerk Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich he called for the minutes of the regular meetings of December 11th and December 28th and the special meeting of December 21st. Two corrections were made to the December 28th meeting, namely: Request Baytown Community Television Inc. - Hearin: it was agreed that the Council would not be ina position to refuse to hear a request at this, or later meetings. Second, Request - Closing Schilling Street Ditch: the City can restore the 30 -foot erosion area and install riprap. Councilman Braswell moved to approve the minutes as corrected. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley ' Mayor Cravey Nays: None Tractor and Mower Bids - Parks Department Two bids were received on the tractor with mower for the Parks Department. They are tabulated as follows: Kemp & Tony's Equipment Company International One Year Warranty $3,579.10 Lansdowne -Moody Co., Inc. Diesel Ford Six months $3,871.00 It was the recommendation of the Administration that the low bid of Kemp & Tony's be accepted. Councilman Lamar Kelley moved to accept the recommendation and award and the bid to Kemp & Tony's. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Communication Equipment At the December 28th meeting, a bid on radio equipment was inadvertently opened and read, and the Council instructed the Administration to rebid this equipment. Since the meeting it has been learned that the bidder has had a price increase. General Electric was the bidder, and the Administration has received a letter from its management indicat- ing that, although their bid was inadvertently opened and read, they have no objection to it beina considered along with the bid from Motorola. It was the recommendation of the City Manager that the two bids be opened and considered. Councilman Walker moved to accept the recommendation and open the bids. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4459 The bids were opened and tabulated as follows: General Electric Company 6- two -way radios 45 days $3,854.00 Motorola Communications & Electronics Inc. 6- two --way radios 65 days $4,008.60 After the bid tabulations were verified by both the Purchasina Agent, Don Cooke and Director of Finance J. B. LeFevre, Councilman Fanestiel moved to accept the low bid of General Electric Company in the amount of $3,854.00. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Petition - Repairing Coburn Street - Wooster Heights The City Manager presented a petition received from residents on Coburn Street in Wooster Heights, requesting that their street be repaired. The City Manager is presently in process of preparing a list of streets which he proposes to be improved from funds included in the 1967 -68 - he will include Coburn in the survey. Council- man Walker moved to accept the petition. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Brasewll Fanestiel and Kelley Mayor Cravey Nays: None Resolution = Authorizing City Manager Sign Certain Agreements - State Highway Department Councilman Braswell moved to authorize the City Manager to sign utility location and access agreements with the State Highway Department on Loop 201. Councilman Ball seconded the motion. The follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the Resolution follows: RESOLUTION NO. 191 A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CERTAIN UTILITY AND ACCESS AGREEMENTS WITH STATE HIGHWAY DEPARTMENT. Request Country Club Civic Association - Install Entrance Marker The Council received a request from Country Club Civic Assocaition for permission to place an entrance marker on the street right -of -way on Fairway Drive near Decker Drive. The markers will be constructed so that they can be moved and the Civic Association agrees to move them in case they interfere with the development of the adjacent property. In order to avert a possible hazard, Councilman Braswell moved to grant permission, upon approval of the Police Department, to the Civic Association to erect the markers as per the proposal. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adopt - Amendment to Plumbing Code Councilman Walker moved to adopt an ordinance amending the City's Plumbing Code to provide for notification of owners of real property of the availability of sanitary sewer service, and specifing a 90 -day period in which they are required to connect with the sanitary system and remove all privies and cess pools. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4460 The Caption of the ordinance follows: ORDINANCE NO. 903 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING PARAGRAPH (a), SECTION 3, OF ORDINANCE NO. 643, REPEALING ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE HEREOF. rConsider Additions to the Policy for Use of Roseland Park Pavilion The Council reviewed the additions to the policy for use.of the Roseland Park Pavilion as recommended by the Parks and Recreation Board. The recommended additions included, procedure of reservations; no charge for admittance unless it be for chari- table purposes sponsored by a local citizen's group; shall not be used for any purpose that would cause damage to the building; no alcoholic beverages on premises; no group to make reservations for the purpose of religious services; and penalty for abuse of the building. The first sentence in Part 9 was changed to read: "All groups judged by the Parks 6 Recreation Director to be abusing their reservation nrivileaea will hp harrad ror six (b) montns Tor their tirst occurrence." Councilman Walker moved to adopt additions including the modification of the first sentence in Part 9. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Consider Additions Manual of Procedures and Schedule of Fees - Community Center The Council reviewed the recommended additions to the manual of procedures and schedule of fees and charges for the Community Center. After some discussion, the wording of Part 14 was changed to read: any group having between 50 and 100 minors involved would pay for one policeman - the Teen Section set up charge was reviewed and a change was made in the last sentence - these fees are subject to review by the Board and Director of Parks 5 Recreation. With these changes, Councilman Ball moved to adopt the additions as proposed with the recommended changes. Councilman Fanestiel seconded the me4on. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Committee - Study City Sales Tax City Manager Lanham passed out a newsletter from Texas Municipal Leaaue relating to the Municipal Sales Tax Elections in Texas through December 31, 1967; 158 cities approved the tax and elections have been called in at least a dozen cities for the first month of 1968. The Council agreed that the voters of Baytown should know how the Council plans to spend the revenue, should the sales tac be approved by the people. They reviewed the need for major improvements to the streets and the water system and monies must be provided to make these repairs, either by a sales tax or from bond funds. Should the voters approve a sales tax, it would enable the Administration to make improvements which were by- passed by the Council during the 1967 -68 budget review because of the lack of funds and their desire to keep the budget at a minimum in order to keep the increase in ad valorem tax at the lowest possible figure. Councilman Braswell asked to go on record as saying that if the sales tax is approved by the voters, he will certainly try to see that the money is used to avoid an ad valorem increase. Councilman Kelley endorsed his statement. Councilman Fanestiel proposed that if a sales tax election is called and approved, the Council allocate, at least in their minds, one -half of the revenue to street repair and the other one -half to impovements to the water system. He concluded with a motion that the Mayor set up a small committee to weigh the pros and cons of the sales tax, condidering what might be an opportune time for an election if it is deemed that this is a feasible thing to pursue. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Mayor Cravey named Councilmen Fanestiel, Ball and Walker as a Committee to explore the sales tax proposal. 4461 Consider Change Fire Department Budget The 1967 -68 Budget included provision for the employement of four civilian dispatchers on the Fire Department. However, the Fire Fighters Association has notified the Chief that they oppose the use of civilian dispatchers; also, the Director of of Civil Service states that he feels the use of civilians would be a violation of the Civil Service Law. The City Manager was recommending that the Council authorize the employment of two fire fighters rather than the four cililians and the budgeted funds be transferred to Salaries - Operations in the Fire Department Budget. After some discussion, Councilman Ball moved to request a study be made by the Civil Service Commission, and a liaison councilman which will be appointed, on the proposal to hire civilians as dispatchers - the summation to be presented in the form of a written report. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Ordinance - Negligent Collision Councilman Walker moved to adopt an ordinance defining negligent collision when any driver of a vehicle shall wilfully cause damage to any other vehicle, and upon conviction shall be punished by a fine. 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. 904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING THAT IF ANY DRIVER OR OPERATOR OF A VEHICLE SHALL WILLFULLY OR WITH NEGLIGENCE COLLIDE WITH OR CAUSE DAMAGE TO ANY OTHER VEHICLE OR PROPERTY WHATSOEVER HE SHALL BE GUILTY OF NEGLIGENT COLLISION; DEFINING "WILLFULLY OR WITH NEGLIGENCE" BY ADOPTING THE DEFINITION CONTAINED IN THE PENAL CODE OF THIS STATE IN THE TITLE AND CHAPTER "NEGLIGENT HOMICIDE "; DEFINING "VEHICLE "; PROVIDING THAT PROOF OF NO INTENT TO COLLIDE SHALL NOT BE A DEFENSE; REPEALING ORDINANCES IN CONFLICT HERE WITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Maximum Limits Near Schools, Churches and Hospitals Councilman Ball moved to adopt an ordinance amending Section 18 -99 of the code of ordinances regarding the maximum limits near schools, churches and hospitals, to a 20 -mile per hour. Councilman Kelley 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. 906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTION 18 -99 OF THE CODE OF ORDINANCES OF BAYTOWN, TEXAS, CAPTIONED "MAXIMUM LIMITS NEAR SCHOOLS, CHURCHES AND HOSPITALS ": CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. ** Mayor Cravey excused from meeting. * Councilman Braswell serves as Mayor Pro Tem Appointed - William R. Laughlin - City Attorney The City Manager reported on his interviews with applicants for the position of City Attorney. Councilman Kelley moved to approve the appointemtn of Mr. William R. Laughlin, Houston, to be City Attorney at a salary of $11,000.00 per year. Mr. Laughlin 4462 will be permitted to engage in limited practice at times other than during the normal City working hours. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Correct Erosion - Goose Creek Masonic Corporation Property At the last meeting the Council received a request to correct an erosive condi- tion extending some 30 -feet onto property presently owned by the Goose Creek Masonic Corporation. The City Engineer was asked to study two proposals and make a report upon his findings at this meeting. To re -dig the ditch, get it back into its original ease- ment, and to fill in the eroded area, install rip -rap the estimated cost would be from $2,500 to $3,000 - this is based on performing the work along side the property which is to be sold to Humble Company - a distance of 185 -feet. Second, should the City furnish the pipe, with the County setting the pipe and providing the fill - 185 -feet of 60 -inch pipe estimated to be $3,019.18. In addition to the 185 -feet, Mr. Morton recommended that the city purchase an additional 20 -feet, makina a total cost for the reinforced concrete pipe - $3,321.98, and begin negotiations with Harris County Flood Control District to set the pipe and provide the fill. This Would provide a permanent solution, even though some thought this would be setting a precedent. Adter some further discussion, Councilman Kelley moved to accept the recommendation of the City Engineer to buy the pipe and let the County install it. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Fanestiel and Kelley Nays: Mayor Pro Tem Braswell Telegram President of United States - Funeral Expenses Of Service Men Mayor Pro Tem Braswell referred to an article appearing in a recent publication of the Baytown Sun regarding the payment of the funeral expenses of Vietnam casualties in a large part by the parents and relatives. He proposed a telegram be sent to the President of the United States urging him to make some commitment in his forthcoming State of the Union message to Congress. The proposed contents read in part: "IT has recently come to the attention of the undersigned members of the Baytown City Council that the funeral expenses of those service men who have given their lives in the Vietnam struggle must be borne in large part by the parents or relatives of these dedicated men. We are appalled at this state of affairs and strongly urge that you commit yourself in your forthcoming State of the Union message to Congress to see that the Federal Government will pay all of the expense involved in a reasonable, though fitting, burial for these men." Councilman Kelley moved to send the telegram. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None The Council took no formal action upon the second proposal for the City to assist in the funeral expense of any serviceman who was lost in the Vietnam struggle. A study will be conducted in other areas during the interim. Braswd.l - Representative Houston- Galveston Area Council Councilman Walker moved to appoint Councilman Braswell to represent Baytown r at the second annual meeting of the Houston - Galveston Area Council on Tuesday, January 16, 1968. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Resolution - Britton Family Contribution - Civic Center Mall Councilman Ball moved to adopt a resolution officially thanking the Britton family for their $5,000 contribution to the City of Baytown for the purpose of decorative 4463 illumination of the mall connecting the Baytown City Hall and Civic Center. Council - mal Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None The caption of the resolution follows: RESOLUTION NO. 190 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN _ OFFICIALLY THANKING THE W. C. BRITTON FAMILY FOR THEIR CONTRIBUTION OF FIVE THOUSAND ($5,000.00) DOLLARS TO THE CITY OF BAYTOWN FOR THE PURPOSE OF PROVIDING DECORATIVE ILLUMINATION FOR THE MALL BETWEEN THE NEW BAYTOWN CITY HALL AND CIVIC CENTER) AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE COPIES OF THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF SAME TO THE W. C. BRITTON FAMILY. Schedule Meeting Tom Masterson - Fiscal Agent Councilman Ball moved to set the date of Monday, January 15, 6:00 o'clock p.m., for a meeting with Tom Masterson, Baytown's Fiscal Agent, to discuss the possible sale of bonds to complete the Capital Improvements included in the approved bond issues. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Fanestiel and Kelly Mayor Pro Tem Braswell Nays: None Adjournment Councilman Fanestiel moved for the meeting to adjourn. Councilman Kellev Seconded the motion. The ayes were unanimous the Mayor Pro Tem declared the meeting adjourned. Seaborn Czdr7ey, Mayor —.,:.'j ATTEST: Edna Oliver, City Clerk 1