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1968 03 28 CC Minutes4488 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS March 28, 1968 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, March 28, 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 & Mayor Pro Tem 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 March 14th. The following correction was made: Purchase Telephone Poles: eighteen (18) telephone poles . at a cost of $1.00. With this correction, Councilman Braswell moved to approve minutes as corrected. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Sale of Used Back -Hoe and Tractor Bids were received on the sale of a used back -hoe and tractor and are tabulated as follows: Griswold Motors $ .905.00 Tompkins & Sons Construction Co., Inc. 727.70 Manuel R. Pease 832.00 William B. Leonard 405.00 J. H. Berry 400.00 Coastal Road Boring Co. 1,025.00 It was the recommendation of the Administration that the bid of Coastal Road Boring Company be accepted. Councilman Kelley moved to accept the recommendation, the bid of $1,025.00 be accepted. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hu11Um, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None * Councilman Walker arrives at meeting. Status Report - Ward Road and Daniel Street Projects - Property Owner Participation City Manager Lanham reported on the status of signers with the contractor, Brown & Root, Inc. on the Ward Road - Daniel Street projects. On Ward Road, the contractor was able to secure liens on all property except ten tracts totaling $9,259.95. The total property owner cost on the project was $44,124.77, and the contractor is asking the City to assume the assessment certificates for the ten tracts on which m signatures were obtained. Councilman Braswell moved to approve the City's assumption of the cost of the assessment upon the ten tracts, and assess the property owners for their pro rata cost when the project is complete. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: Councilman Ball 4489 In the case of Daniel Street, the contractor has been unable to secure any signa- tures on the liens, a total of seventeen homesteads - only two parcels on the street that were not homesteads and the contractor will assume these without a signed certifi- cate. The Council agreed to withhold action on this street until a meeting can be held with property owners who petitioned the Council for the improvement of the street in 1965. A course of action will be decided upon after the meeting has been held. Approve - Revised Municipal Maintenance Agreement - State Designated Highways The City Manager reviewed the provisions of a revised Municipal Maintenance Agreement with the Texas Highway Department which provides for joint City -State maintenance of State designated highways within the city limits of Baytowm. Maintenance on the part of the State included mowing and clean -up litter on the espanade on Highway 146, maintenance of all drainage facilities within the limits of the right of way, and maintain the travelled surface of the through lanes as well as handle access driveway permits in areas where assisting in maintenance of roadway ditches. Councilman Walker moved to accept the maintenance agreement as revised and authorized the Mayor to execute same. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The City Administration will consult with Highway Officials upon the possibility of easing the traffic control clause in order for the City to have more control over traffic within the city limits. Staples - Request for Permit - Dump Effluent Cedar Bayou The Council reviewed the notice received from the Texas Water Quality Board on a public hearing which will be held in Austin on the application of C. T. Staples to discharge an average of 50 gallons per day of rock filter domestic sewage along a route which will ultimately dump into Cedar Bayou at a point approximately one mile north of the city limits. The subdivision development provides thirty homesites, seven- teen of which have been constructed upon. This will require an approximate 50,000 gallon per day discharge rather than the stated 5- gallon per day dumping. Councilman Braswell moved to direct the City Manager to write a letter to the Water Qualify Board informing them that the City offers no objection to the dumping of effluent into Cedar Bayou if it meets the State requirements; however, there is some doubt in the minds of the Council that the plan submitted by Mr. Staples in adequate for the size develop- ment and requests the State to make an investigation for verification of its adequacy before a permit is issued. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Discuss - Alignment of Ward Road - Highway 146 to Kilgore Road A. J. Busch, Jr., Consulting Engineer, reviewed drawings of the alignment study of Ward Road, from Highway 146 east to the westerly boundary line of Eva Maude Subdivision. One sketch required the necessary 20 -foot additional easement to be taken from pro- perties to the north of Ward Road starting with the full twenty feet at the intersection of Highway 146 and tapering down to nothing as it is an unusual alignment. The second sketch had a reverse curve with 20 feet of the necessary right of way coming from the south side of Ward Road to provide alignment for the curvature, and later shift to the north side. It was the recommendation of the engineer that the first proposal be followed because of the homes involved in the second sketch. Objections were offered by interested property owners along the proposed routing, especially the taking of the entire additional right of way on the north side, and the proposed espanade which in their opinion, tends to create a speedway rather than to provide ease in the flow of traffic. The Council recessed for a short time to permit the interested property owners time to review the proposed alignment at a close range. ( * ** Mayor Cravey excused from meeting for a short time. ** Mayor Pro Tem Braswell presides). Mayor Pro Tem Braswell called the meeting to order following the recess and it was proposed that a Committee be appointed to make a study of the proposed alignment and bring its findings to the Council for approval or rejection after the study is completed. This suggestion was approved by the Council and a Committee was appointed, the members being Councilman Fanestiel and Braswell, R. J. Walker and R. L. Parker with Councilman Fanestiel serving as Chairman of the Committee. 4490 Request - Goose Creek Farms - Permit Dump Effluent Cedar Bayou The Council reviewed the request of Goose Creek Farms Products to discharge an average of sixty gallons per day of treated industrial wastes and domestic sewage into Cedar Bayou Stream from a proposed sewage treatment plant which will be located approximately six miles northeast of the city limits on Interstate 10. Councilman Walker moved that no protest be made by the Council; however, the City Manager be in- structed to write to the Texas Water Quality Board and request that the applicant be required to meet the same requirements, as to the quality of effluent, that the State places on the City of Baytown. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Kelley & Fanestiel Mayor Pro Tem Braswell Nays: None Consider Proposal - Landscape Design Civic Center The Council reviewed the proposal of George Hederhorst, Landscape Architect, to develop a landscape plan for the Civic Center site incorporating the three winning landscape designs approved by the Parks & Recreation Board and City Council in 1967. The design fee for preparing the complete landscape development was $1,450.00; the design would include the entire area inside the circle drive; the parking areas; the area between circle drive and Market Street; and the area 10 -feet onthe outside of the circle drive. Funds for payment of the fee would be taken from the $20,000 remaining in the bond funds. After some discussion, Councilman Fanestiel moved to authorize the preparation of the master design plan to give guidance to interested garden clubs, individuals, etc., in developing the area, but to go no further than the preparation of the design at the present time. Councilman Hullum seconded the motion. The vote follows: ( ** *Mayor Cravey returns to.meeting during above dis- cussion.) Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: Councilman Walker Transfer Resolutions Councilman Ball moved to adopt a resolution transferring $3,795.10 from general Fund Contingency to pay balance on tractor mower for use in the Parks Department and to erect a temporary building for use in the Police Depatment. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestid and Kelley Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGERTO TRANSFER THIRTY SEVEN HUNDRED NINETY -FIVE DOLLARS AND TEN ($3,795.10) CENTS FROM THE COUNCIL . CONTINGENCY - GENERAL FUND - TO BUDGET CLASSIFICATION 201 -9 -1 AND 601 -10 -2. Councilman Hullum moved to adopt a resolution authorizing the transfer of $732.49 from Water Fund Contingency to pay balance on painting water tower on Park Street, erecting a fence at the plant and for a truck mounted sewer cleaner. Council- man BE11 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. 202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SEVEN HUNDRED THIRTY - TWO DOLLARS AND FORTY -NINE ($732.49) FROM CONTINGENCY FUND - WATER FUND - TO BUDGET CLASSIFICATIONS 1001 -4 -7, 1001- 10 -10, AND 1002 -10 -2. 4491 Report - Caldwell Street Drainage Jack Morton, City Engineer, submitted a report of his study of the Caldwell Street drainage project which started out to be a ditch cleaning maintenance job. As the work progressed, property owners purchased the pipe and the city crew set it, but a problem has been created because this was done one lot at a time, not as an over all project and the pipe was installed to match driveways of adjacent pieces of property. Water has been trapped in the low portions of the ditch; he reommended taking the pipe now available, start at the low point and reset all the pipe. This will require tearing out 22 or 23 driveways and resetting the pipe to grade. Two of the driveways are concret driveways and two have asphalt paving. He recommended that the City bear the expense of replacing the driveways, as they are presently covered with concrete, asphalt paving or shell only. After some futher discussion, Councilman Walker moved to accept the recommendation of the City Engineer and to proceed with the Caldwell Street drainage project. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: Councilman Braswell Bill Mixon, a resident of Caldwell Street, was asked to contact the remaining property owners who have not purchased pipe and see if they will make the necessary purchase to provide pipe for a complete ditch coverning project on this portion of Caldwell Street. General Telephone Franchise Ordinance - First Reading Councilman Ball of the Utilities Committee and City Attorney Laughlin reviewed the amendmentsta the telephone franchise agreement between the City of Baytown and General Telephone Company which will include extended area service to Mont Belvieu as well as portion of the Houston Metropolitan Exchange and repeals amendatory Ordinance No. 780. Councilman Walker moved to adopt the ordinance on first reading as amended. Councilman Ball 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. 916 AN ORDINANCE AMENDING TELEPHONE FRANCHISE AGREEMENT BETWEEN CITY OF GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS, AND SOUTHWESTERN ASSOCIATED TELEPHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, APPROVED APRIL 1, 1946; AUTHORIZING EXTENDED AREA SERVICE, TO INCLUDE THE\MONT BELVIEU TELEPHONE EXCHANGE, IN LIEU OF STRICTLY LOCAL SERVICE, PROVIDING FOR DELEGATION OF AUTHORITY, RATE REGULATION, AN ANNUAL PAYMENT FOR THE RIGHT TO USE CERTAIN FACILITIES, REPEAL OF AMENDATORY ORDINANCE NO. 780 AND OTHER CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. Authorize Payment - Contractor Chatham - Construction Sidewalks Civic Center At the February 22nd regular meeting, final payment to G. B. Chatham, Contractor, for retaining walls and walks at Civic Center was deferred and the Administration was asked to check onthe problem of water standing on the walk between the two buildings. At this meeting Lowell Lammers, Architect, appeared and assured the Council that they Contractor had constructed the walks according to the plans and recommended final pay- ment be made to the contractor. Mr. Lammers further stated that a part of the walk between the buildings does not have a pitch and this is the problem area, but it appeared this way on the plans. The only way, the problem can be eliminated is to take the walk _ out and give the walk the pitch toward the south and eliminate the step presently con- strucbd on the walk. Councilman Ball moved to authorize payment of $4,003.95 to Mr. G. B. Chatham as final payment of the walls and walks. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Committee Reports At the request of Councilman Kelley, Chairman of the Industrial Committee, Mayor 4482 Cravey will replace out -going Councilman Patrick Ball as an active member of the Industrial Committee. Councilman Hullum, reporting for ffie Insurance Committee, stated that he had received a recommendation from the City Employees Insurance Committee for hospitaliza- tion coverage for the fiscal beginning April 1, 1968, on employees and families. He did not receive the information in time to check the comparisons in detail, but did check the proposal that was recommended vs the Blue Cross -Blue Shield policy which the employees now have and improvement was shown in a number of areas. The major changes were $20.00 per day room; accidental coverage, $300; major medical, $15,000; surgical schedule $500. Councilman Ball, a member of the Insurance Committee, concurred with the action ofthe Employees Insurance Committee, and moved to approve the recommenda- tion of the Committee and the City's participation continue inthe same amount as last year. Councilman Walker seconded the motion. Herbert Herbert, a local insurance agent, stated that he did not think the bid of the Business Men's Assurance Company, as submitted, was in accordance with the same specifications that was given his agnecy and suggested that action be tabled until a complete study could be made by the Council's Committee on Insurance to be certain that this is fair and equitable to all parties concerned. Following this statement, the Council heard from Mr. LeFevre and Patrick Tobin of the City Employees Insurance Committee, each of whom explained the basis upon which the bids were asked since no detailed specifications were prepared and submitted to the various agencies for study and the contacts that were made in preparation for bid acceptance. After some further discussion, the Mayor called the vote and it fol- lows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None * * ** Councilman Kelley excused from meeting. * ** Mayor Cravey excused also. Briefing Session - Residents Marvin and Middleton Roads Residents on Marvin and Middleton Roads will meet with the Council on Tuesday, April 9th - 5:00 p.m., to discuss sewer extensions and connections. City Manager's Report City Engineer Morton gave a report on a sewer line cave -in on West Bayshore Drive, and submitted a proposal for correction. Since this was an emergency repair, Councilman Walker moved to authorize the Administration to proceed on an emergency cost plus basis. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum and Fanestiel Mayor Pro Tom Braswell Nays: None Reappoint - Members Library Board Councilman Walker moved to reappoint Clay Hooper and I. M. Jones as members of the Library Advisory Board for the two ensuing years. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum and Fanestiel Mayor Pro Tem Braswell Nays: None AppointeEqualization Board - 1968 Councilman Fanestiel moved to reappoint C. L. Umholtz, Carter H. Miller and Truman Cox as members of the 1968 Equalization Board. Councilman Walker seconded the motion. The vote follows: AYES: Councilmen Ball, Walker, Hullum and Fanestiel Mayor Pro Tem Braswell NayS: None City Manager Lanham stated that an auditor should be appointed at the next regular meeting of the Council. 4493 City Manager's Report Continued The City Manager will receive a clarification report on the step up pay scale for Firemen who became drivers when change -overs became effective in September, 1967. Also, when their year began, on the date of employement or when they became classified as a driver. The City Attorney will meet with the School Attorney and work out details of a joint mantenance contract on parksites which are used by both the school and city. Due to the Charter requirements, the next regular meeting of the Council will be held on Wednesday, april 10 to canvas the returns of the April 2nd election. The Council agreed to the change over of exchanging the San Jacinto Day Holiday, April 21st to Good Friday, April 12th. The City offices will be closed. Adjournment 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 Pro Tem declared the meeting adjourned. A. M. Braswell, Mayor Pro. Tem ATTEST: e Edna Oliver, City Clerk 1