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1968 03 14 CC Minutes-:!7 MINUTES OF THE REGULAR MEETING OF THE THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS March 14, 1968 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, March 14, 1968 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 Fanestiel Councilman Lamar Kelley Councilman Seaborn Cravey Mayor Fritz Lanham City Manager William R. Laughlin City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered, afterwhich, he called for the minutes of the regular meeting of February 22nd. Councilman Fanestiel moved to approve the minutes as submitted in written form. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Recognize - Visiting Students Robert E. Lee and Sterling High Schools Mayor Cravey recognized students from both Robert E. Lee and Ross Sterling High Schools and extended an invitation for their continued attendance at any and all of the meetings, regular and special. Bids - Tow -Away Service - Annual Contract Bids were received for tow -away service for a period of one year. They are tabulated as follows: Melvin's Paint & Body Shop $8.50 per call tumus Baytown Dodge 6.45 per call Bayshore Motors 6.50 per call Manuel R. Pease 6.66 per call Baytown Motors Inc. 7.38 per call Page - Dittman Motors 7.50 per call *Included exceptions for various pick -ups which would increase tow -away service. It was the recommendation of the ADMINISTRATION THAT THE CONTRACT BE AWARDED TO Bayshore Motors on the low bid of $6.50 per call. Councilman Ball moved to accept the bid of Bayshore Motors. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bid - Traffic Paint Bids on the advertisement for traffic paint are tabulated as follows: Gulf States Paint Company The Glidden Company Sanfax Corporation $2,340.00 2,760.00 4,400.00 The Administration recommended the acceptance of the low bid of Gulf States Paint Company. Councilman Kelley moved to accept the recommendation of the Administration, and the bid be awarded to Gulf States Paint Company. Councilman Walker seconded the motion. The vote follows: 4480 Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Diesel Powered Motor Grader - Rejected - Authorized to Readvertise The City received only two bids which met the specifications on the motor - grader bids. Several of the bidders claimed they could not meet the specifications as outlined in the City's form. Councilman Walker moved to reject the bids; to authorize the Administration to readvertise for bids, stipulating an alternate pro- posal of a 10 -year buy -back plan which could be bid at the option of the bidder. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Painting Water Tower - West Main Bids were received on the painting of the water tower on West Main. They are tabulated as follows: Umphenour Painting Co. $7,945.00 Trust -Kote, Inc. 8,800.00 Water Tank Service Co. 8,880.00 It was the recommendation of the Administration that the contract be awarded Umphenour Painting Company on the basis of the low bid. Councilman Hullum moved to accept the recommendation. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hull=, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Dalton Goodin - Citizens Organization Better Telephone Service Dalton Goodin, representing the Citizens Organization for Bdter Telephone Service, introduced J. O. Kiser, General Manager of Nassau Bay General Telephone Company, an independent Company providing telephone service in the Nassau Bay area and immediate and adjacent areas to the manned space craft center. He stated that telephone service could be improved and rates lowered, but first a feasibility study must be made, equipment scheduled and installed but the Council would have to permit them to come in and perform the service. The type telephone service he proposed would necessitate an expenditure of one -half billion dollars which was classified as a sophisticated push- button type. His company would require a franchise because of the nature of the expenditure; and if the Council so desired, this could be done as the franchise with General Telephone is not exclusive. Mr. Kiser touched upon several relating factors associated with the operation of a two - system telephone service within any given area, and some ofthe problesawhich would have to worked out should the Council choose this approach. Councilman Ball, speaking for the Utilities Committee, stated that the Committee would be pleased to meet with Mr. Kiser and discuss his proposals, ideas and plans; to keep an open mind toward the 1971 date when the City's present franchise with General Telephone Company will once again come before the Council for renewal consideration or negotiations for a new franchise with the same or another telephone company. He proposed to arrange a meeting with the Utilities Committee at the convenience of Mr. Kiser. Mr. Kiser expressed his pleasure at the prospect of such a meeting, and an early date will be selected to pursue fl:is discussion further. Mr. Goodin expressed his appreciation to the Council for their time and consideration in the proposal submitted by Mr. Kiser. - Bids - Relocating Water & Sewer Lines - Loop 201 It was pointed out that the contract for Loop 201, a State Highway Project, is scheduled for bidding in April, and the City will be required to relocate some of its water and sewer mains in the vicinity of West Main Street. Jack Morton, City Engineer, gave a brief resume of the proposed relocation of 2,274 feet of 10 -inch clay tile and two points of cast iron at an estimated cost of $25,157.00. In addition 860 feet of a -inch water main at an estimated cost of $11,150.00. Funds for the relocation expenditure to come from Budget Classifications 1002 -9 -4 Sewer and 1002 -10 -9, Water mains. Councilman Fanestiel moved to authorize the Administration to go out for bids on the project. Councilman Walker seconded the motion. The vote follows: 44th Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Ordinance - Attendant to Dispense Gasoline at Service Station The City Attorney introduced and read an ordinance requiring an attendant to dispense gasoline and other flammable liquids at service stations. The Council Discussed the contents of the ordinance and amended it to stipulate the sale must be identified as "at retail ", thus eliminating wholesale dispensing. Councilman Kelley moved to adopt the ordinance as amended. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 912 AN ORDINANCE RELATING TO THE SALE, AT RETAIL, OF CLASS I FLAMMABLE LIQUIDS, INCLUDING GASOLINE, AND PROHIBITING THE DISPENSING OF GASOLINE OR OTHER CLASS I FLAMMABLE LIQUIDS, BY ANY PERSON OTHER THAN THE OWNER, MANAGER OR OPERATOR OF ANY SERVICE STATION, FILLING STATION, OR OTHER PLACE OF BUSINESS, OR BY THE AGENT, SERVANT OR EMPLOYEE OF SUCH OWNER, MANAGER OR OPERATOR; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200) DOLLARS; PROVIDING A SEVERA- BILITY CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Fire Marshal Bill Taylor, Councilman Walker and Mayor Cravey will serve as a Committee to contact representatives of firms which manufacture cdn- operated equipment such as the gasoline pumps to learn their reaction to the ordinance and hear any arguments they have to offer in defense of their equipment. Adopt - Amendment to Subdivision Ordinance - Permit Filing of Bond The City Attorney reviewed a proposed amendment to the City's Subdivision Ordinance which would permit a subdivider to post a bond with the City and get final approval on his plat, or place on deposit in a trust account a sum of money equal to the estimated cost, or an unconditional guarantee from a bank or federally insured savings and loan association or other financial institution as approved by the City of Baytown. The Council discussed the security provisions at length; Councilman Braswell asking for the removal of alternate (iii) Unconditional Guarantee with which he did not agree. After some lapse of time, Councilman Ball moved to adopt the ordinance with one change.; the deletion of the word "local" in reference to banks and savings and loan associations in alternate (iii). Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: Councilman Braswell The caption of the ordinance follows: ORDINANCE NO. 913 AN ORDINANCE REPEALING AMDNDATORY ORDINANCE NO. 878, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 27TH DAY OF JULY, 1967, ELIMINATING THE RIGHT OF A SUBDIVIDER TO POST A BOND GUARANTEEING TO THE CITY THE COMPLETION OF SUBDIVISION; AND AMENDING CHAPTER 27 (SUBDIVISIONS), SECTION 27.20, SUB - SECTION (h), OF THE CODE OF ORDI- ANCES, CITY OF BAYTOWN BY ALLOWING A SUBDIVIDER IN LIEU OF COMPLET- ING CONSTRUCTION PRIOR TO FINAL PLAT APPROVAL, IN THE FORM OF A PER- FORMANCE BOND, TRUST AGREEMENT ACCEPTED BY THE CITY OF BAYTOWN, OR AN UNCONDITIONAL GUARANTEE FROM A BANK OR FEDERALLY INSURED SAVINGS AND LOAN ASSOCIATION OR OTHER FINANCIAL INSTITUTION AS APPROVED BY THE CITY OF BAYTOWN; REPEALING ORDINANCES INCONSISTENT HEREWITH; CON- TAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4404 Table Action - Retaining Landscaping Architect - Pending Acoustical Study Councilman Ball moved to table the recommendation of the Parks & Recreation Board to retain the services of a landscape architect to draft plans for completion of the Civic Center landscaping according to the plans selected by the Board submitted by interested contestants in March, 1967, in view of the possible acoustical study in the Community Building. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The Administration will get an estimate of cost for drafting of the plans and bring this back at a later meeting for Council perusal. Junior Chamber of Commerce - Endorse City Sales Tax for Baytown Ron Haddox, President of the Board of Directors of the Baytown Junior Chamber of Commerce, appeared before the Council and read a Resolution which was unanimously approved by the Jaycees at its March 12th meeting, which recognized the need for a City Sales Tax for the City of Baytown, and the passage of such a tax be endorse and advocated-by the Baytown Jacyees. The Council expressed its thanks to Mr. Maddox for the presentation of the Resolution setting forth the action of the Jaycees. Approve Advertise Bids - Development Jdnt City - School Park The City Manager reviewed the plans for thedevelopment of a City - School Park on the Bowie School grounds. The plans and specifications were prepared by George Hederhorst, Lanscape Architect. A total estimated cost of $63,242.80 was sub- mitted for the installation of proposed facilities, but the Parks & Recreation Board reviewed the plans and recommended certain deletions which reduced the estimated cost to $49,768.74. Since the Council has provided $45,000 in the 1967 -68 budget, the Council may want to take alternate bids with possible further deletions to get the cost down within the budgeted funds. Councilman Fanestiel moved to authorize the Administration to go out for bids on three (3) alternates, based on improvements of possibly $30,000, $45,000 and the $65,000 total project, if and when approval is granted by the School Board for the project. Councilman Kelley seconded the motion. After some further discussion the vote was called: Ayes: Councilmen Walker, Hullum, Fanestiel andKelley Mayor Cravey Nays: Councilman Braswell Abstained: Councilman Ball Councilman Hullum moved to ask the Parks & Recreation Board to prepare a master plan for park improvements throughout the entire city. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Purchase Poles - General Telephone - Texas Avenue Councilman Walker moved to approve the purchase of the eighteen (18) telephone Poles remaining on Texas Avenue at a cost of $1.00 each. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Table Request - R. M. Wright - Resolve Later in Meeting_ Councilman Braswell moved to table final action upon the request of R. M. Wright for water and sewer service facilities to serve his property abutting Schilling Street until after he has given his Committee report on extension of sanitary sewers within and outside thecity limits of Baytown. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None l gg0.3 Transfer Resolution Councilman Ball moved to adopt a resolution transferring $1,700.00 from the Council Contingency Fund to pay for police uniforms. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SEVENTEEN HUNDRED ($1,700.00) DOLLARS FROM COUNCIL CONTINGENCY TO BUDGET CLASSI- FICATION 201 -2 -4. Bill Mixon - Drainage Caldwell Street - Lakewood Addition The Council heard a complaint from Bill Mixon, residing on Caldwell Street in Lakewood Addition, relative to an existing drainage problem which the residents were trying to eliminate by purchasing the storm sewer tile and letting the City lay and cover same during its maintenance of ditches within the area. In his opinion, the grade of the street was not uniform and several catch basins were blocking the flow. He concluded his report with a request that the Council consider some means of correcting the blockage. The City Engineer stated that the problem could be corrected but it would involve removing and resetting culverts in driveways, some concrete driveways and some with blacktop. Should these be removed, who will be responsible for the expense of replacing the concrete driveway - the property owner or the City. Since the Council was in agreement on the need for correction, the City Engineer was asked to make further study of the project to see if some workable solution may be approved without the expense of replacing concrete driveways. Councilman Ball moved to table further dis- cussion until next meeting, pending further engineering information. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None City Health Office - Dr. Richard E. Scheurich Councilman Fanestiel moved to appoint Dr. Richard E. Scheurich as City Health office for the two ensuing years, term effective as of March 1, 1968. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adopt Resolution - Commending Dr. W. O. Finch - Civil Defense Councilman- Ball moved to adopt a resolution commending Dr. W. 0. Finch for his exemplary efforts in the furtherance of Civil Defense in Baytown. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Resolution - Commending Dr. Louis B. Hughes - City Health Office Councilman Fanestiel moved to adopt a resolution commending Dr. Louis B. Hughes for services rendered the community during his tenure of service as City Health Office of the City of Baytown. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4484 Deferred Appointment of Equalization Board The Council deferred the appointment of the 1968 Equalization Board until the next regular meeting. Volunteer Firemen Station No. 2 - Use of Sirens Councilman Kelley moved to approve the request of the volunteer firemen serving at Station No. 2, on Market Street, and they be permitted to use the siren for all fires and practice drills. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Ordinance - Establishing Policy Installation of Sewer Mains Councilman Braswell reviewed the draft of a proposed ordinance establishing the policy of the City concerning the cost, financing, construction and extension of sanitary sewers within and without the City. His Committee has done extensive study in relation to a workable policy, and in the review he proposed several changes such as: Section I -Item (c) pro rata charge of $1.50, throughout ordinance change wording to read sewer laterals or mains provide attach schedule of costs to the ordinance, remove same from body of ordinance and refer to attached schedule A. for costs - this would simplify future amendments in the cost schedule should it become necessary because of escalation. Councilman Walker moved to adopt the ordinance with the suggested changes including, the removal of the cost figures from the body of the ordinance and a cost schedule attached and made a part of the ordinance. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None AN ORDINANCE ESTABLISHING THE POLICY OF THE CITY OF BAYTOWN CONCERNING THE COST, FINANCING, CONSTRUCTION, EXTENSION, OPERATION AND OWNERSHIP OF SANITARY SEWERS, PLANTS AND FACILITIES WITHIN THE CITY LIMITS, AND IN DEFINED INSTANCES, OUTSIDE THE CITY LIMITS; CREATING AN OFFENSE FOR VIOLATING THE PROVISIONS OF THE ORDINANCE AND FIXING A PENALTY: AND PROVIDING A SEVERABILITY CLAUSE. Committee Reports Councilman Ball gave a brief report on the work of the Insurance Committee; also, the Utilities Committee in relation to the development of extended area service and the three (3) readings required for an amendment to be made to the City's Telephone Franchise Ordinance. The City Attorney will be prepared to present the amendment on first reading at the next regular meeting of the Council. Councilman Fanestiel reported that Harry Miller will serve as Chairman and T. L. Satterwhite, Co- Chairman of the Citizens Committee on the City Sales Tax proposal. - Establish Cash Account - Detective Divisions Councilman Ball moved to authorize a cash account to be established in the amount of $100.00 to be maintained at this balance, and not to exceed $500.00 per year, directly available to the Detective Division of the Police Department of the City of Baytown for use in areas of investigation. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hull=. Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 914 AN ORDINANCE ESTABLISHING THE POLICY OF THE CITY OF BAYTOWN CONCERNING THE COST, FINANCING, CONSTRUCTION, EXTENSION, OPERATION AND OWNERSHIP OF SANITARY SEWERS, PLANTS AND FACILITIES WITHIN THE CITY LIMITS, AND IN DEFINED INSTANCES, OUTSIDE THE CITY LIMITS; CREATING AN OFFENSE FOR VIOLATING THE PROVISIONS OF THE ORDINANCE AND FIXING A PENALTY: AND PROVIDING A SEVERABILITY CLAUSE. Committee Reports Councilman Ball gave a brief report on the work of the Insurance Committee; also, the Utilities Committee in relation to the development of extended area service and the three (3) readings required for an amendment to be made to the City's Telephone Franchise Ordinance. The City Attorney will be prepared to present the amendment on first reading at the next regular meeting of the Council. Councilman Fanestiel reported that Harry Miller will serve as Chairman and T. L. Satterwhite, Co- Chairman of the Citizens Committee on the City Sales Tax proposal. - Establish Cash Account - Detective Divisions Councilman Ball moved to authorize a cash account to be established in the amount of $100.00 to be maintained at this balance, and not to exceed $500.00 per year, directly available to the Detective Division of the Police Department of the City of Baytown for use in areas of investigation. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hull=. Braswell, Fanestiel and Kelley Mayor Cravey Nays: None eaao Water and Sewer Service Lines - R. M. Wright The Council reviewed the request of R. M. Wright for water and Sewer service extension to serve a business establishment which he will construct on the north side of Schillings Street between North Pruett and Rice Street. Service mains are presently located at the intersection of Pruett and Schillings - City Engineer Jack Morton submitted a cost estimate of $810.00 for the 360 -foot six (6) inch sewer extension and $540.00 for 360 -feet of two -(2) inch water line, the water service line being larger than the requirement for a single service. The two (2) inch water line was proposed because of the underveloped property lying between the point of origin and the property to be served. It was agreed that the sewer service connection can be made based on the cost policy set forth in Ordinance No. 914. Councilman Braswell moved to authorize and approve the 360 -foot water service line extension, and the City to hear the full cost of the first 100 -feet, and the difference in cost between a one and a two inch water line from this point to the Wright property line. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None City Manager's Report Members.of the Baytown Housing Authority Board will meet with the Council at its next regular briefing session. Mr. Lanham reported that he had received three inquiries about buying the old city hall building. One from an individual and two from organizations. The in- dividual wants the use of the entire building; the two organizations indicated they would assume the contract the City presently has with the Department of Safety. Council- man Walker moved to authorize the Administration to go out for bids on the sale of the building with the stipulation that the successful bidder must enter into contract with the Department of Safety to complete the 20 -month contract presently held by the City of Baytown. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Mr. Lanham reported that the training course for department and division heads is scheduled for the week of March 17th. Council Endorses Statement of Facts - City Sales Tax for Baytown The Council reviewed a six (6) point statement of facts regarding the City Sales Tax for Baytown. The points covered were: 1. A pledge that there will be no increase in the Ad Valorem Tax rate during the fiscal year if the City Sales Tax is approved; and 2. Two significate sources of additional revenue are available to meet the increasing needs of our growing City - an increase in the Ad Valorem Tax or a City Sales Tax; and 3. The needs for the City of Baytown in the areas of Streets, Water B Sewer Lines, and Drainage are evident. It is stated that expenditures in excess of $1,000,000 are needed in each . . to make necessary repairs and /or improvements; and 4. Sales Tax revenue could release Ad Valorem Tax revenue in a like sum to finance a possible future Capital Improvement Bond Program if voted by the people; and 5. The needs of "internal growth" that the City will face with expanding population must be met, such as Fire and Police Forces and equipment, parks and recreation, library, public works and City planning; and 6. The City Sales Tax would be paid by everyone who uses and benefits from the Citys Services and facilities, both residents and non - residents. Councilman Walker moved to wholeheartedly endorse this state of facts. Council- man Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adjournment There being no further order "df' busin/ess to come before the Council, :§pm,�tion was made and seconded that the meeting ef_%tr.- The aye a uVn,`anniipov/$�and the Mayor declared the meeting adjourned. II•,e Ll S � Seaborn Cravey, Mayor v Edna Oliver, City Clerk