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1968 04 25 CC Minutes4498 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS April 25, 1968 The City Council of the City of Baytown, Texas met in regular session on Thursday, April 25, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the follow- ing members in attendance: Ted L. Kloesel 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 April 10, 1968. A correction was made as follows: Action - Sewer Service - Middleton and Marvin Roads - The Com- mittee recommended the installation of a 10 -inch sewer main . . . with the residents being assessed a $35.00 tapping fee for each service connection, however, any build- ing being constructed hereafter, the owner will be:reauired to oav a or. -rata char.. Braswell moved to approve the minutes as amended. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Elley Mayor Cravey Nays: None Bids - Motorgrader Bids were received on the advertisement for a motorgrader. They are tabulated as follows: Browning- Ferris Gallion 160 $27,425.00 -Less Trade- in$7,785.00 $19,640.00 Boehck Equp. Co. A -W Super 200 Sr $24,975.00 -Less Trade- in$7,480.00 $17,495.00 Head & Guild Equip. Co. J -D 570 $19,273.00 -Less Trade- in$3,773.00 $15,500.00 Fogle Equip. Co. A -C Series $27,916.00 -Less Trade- In$8,049.05 $19,866.95 Hi -way Equip. Co., Inc. Huber D -1400 $25,711.00 -Less Trade- In$6,611.00 $19,100.00 Mustang Tractor & Equip. Cat No. 12F $28,955.00 -Less Trade- in$2,805.00 $26,150.00 Department of Public Works Director Jack Morton reviewed the bid tabulation. The City presently has two motorgraders and it is proposed that one be used as a trade in on the motorgrader purchased at this time. -In checking with other equipment owners, acertain piece of equipment was selected for its reputation of reliability for the type work to be done by the City forces, and the specifications were based around this equipment. Six bids were received - the bid of Caterpillar 12F for $26,150.00 the high bid, is the piece of equipment which the specifications were tailored around. It was his recommenda- tion that the Cat. 12 -F be purchased at the price of $26,150.00. Mayor Cravey raised objection to the specifications being tailor made to one piece of equipment - Councilman Walker stated that in talking with County maintenance personnel, they had experienced no maintenance problems with their caterpillar; had two gallions - and the one with automatic transmission has given trouble. Mayor Cravey stated that he felt it was bad policy to write specifications and invite bids from different manufacturers, and have it as a fore- ' gone conclusion that only one piece of equipment is going to be considered - if the type equipment such as caterpillar is needed for the type work to be done, write specifications so that several can meet them and then sell the Council - the desired equipment is the best buy, Councilman Walker stated that he felt the Council could consider the two brands of equipment - caterpillar and gallion - and the Council must decide if the difference in cost is justifiable. Councilman Kloesel felt that the equipment which meets the speci- fications should be considered. In view of the comments of maintenance men using the two brand name pieces of equipment, and the wide difference in cost, and not being sure if the caterpillar has automatic transmission Councilman Walker moved to accept the bid of Browning- Ferris Company on the Gallion at a cost of $19,640.00. Councilman Braswell seconded the motion. Councilman HU11M checked with a number who have used both brand machines, and the recommendations were for the purchase of the catpillar with the differ- ence in cost. Councilman Kelley talked with four persons, whom he considers experts in 4499 field of heavy machinery, and each said the difference in maintenance costs of the machines would more than offset the difference in cost. Councilman Braswell felt that the City would improve its buying position if the Council accepted the low bid more often, and favored the gallion for that reason. Councilman Fanestiel stated that he would have to consider the lowest bid that meets the specifications. Mayor Cravey then called for the vote of the motion made by Councilman Walker, The tabulation follows: Ayes: Councilmen Walker, Braswell and Fanestiel Nays: Councilmen Kloesel, Hullum and Kelley Mayor Cravey Councilman Hullum then moved to purchase the Cat No. 12 -F at a cost of $26,150.00. 7 Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Mayor Cravey Nays: Councilmen Walker, Hullum and Kelley Braswell and Fanestiel Letter - Commending Sergeant Cooper Councilman Walker introduced and read a letter addressed to Blair Mann, Chief of Police, and written by H. M. Lindsey, Pastor of Wooster Baptist Church in which commendation and appreciation were expressed by the Church body at its monthly conference for the concern of young people manifested by Sergeant Ronnie Cooper, and his efforts to educate them regarding the dangers of narcotics. Sergenat Cooper spoke on the dangers to a group of young people each Sunday evening in March, 1968 and to a group of adults the first Sunday in April. It was estimated that about fifty (50) young people attended the weekly class taught by Sergeant Cooper. Bids - Action Deferred Tires and Tubes Action upon the bids for tires and tubes was deferred until the next regular meeting in order to give the Administration additional time to gather necessary informa- tion relating to the bid proposals. Bids - Sale of City Hall Building West Main Street Bids were received on the sale of the City Hall building on West Main - they are tabulated as follows: Luther T. Lea $3,000.00 Gray Hall Pharmacy 3,000.00 Coastal Road Boring 3,500.00 Billy B. Angel 4,000.00 Goose Creek Lodge #960 4,090.00 V.F.W. 5,999.50 Thomas E. Laughlin, Jr. 7,551.51 It was the recommendation of the Administration that the building be sold to Mr. Laughlin, In the specifications the City stipulated that the new owner would be bound by the present lease agreement which the City has with the Department of Public Safety, which has seventeen (17) months yet to go on-its lease contract. Councilman Kelley moved to accept the high bid of Thomas E. Laughlin, Jr. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilm en Kloesel, Hullum, Braswell, Fanestiel, Walker and Kelley Mayor Cravey Nays: None Bids - Vending Machines - Community Center Building 7 Due to a change in ownership in the candy and drink machines of the United Amusement Company, the present contract holder providing vending serviceto the Community Center Building, the City has been forced to readvertise for this type service as the new owner will not recognize the terms of the contract as it now reads. Bids were asked for drinks only, and despite personal contacts by the Director of the Parks, Ken Persenaire, only one bid was received. However, since the deadline of receiving bids has expired, the Administration has learned that a new Company is coming into Baytown and would be interested in being considered. In view of this fact, and that only one bid was received, Mr. Lanham recommended that the bid be rejected and the Parks and Recreation Board and Director be authorized to negotiate with firms who are in this type business for providing this service rather than accepting bids. It was the opinion of the City Attorney that ibis can be done by the Charter provisions, since adequate notice will be 4500 given and competition will be provided when contacts are made and opportunity given for bid participation, if a firm so desires. Councilman Walker moved to reject the bid and authorize the Administration to negotiate for this service. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Joint City - School Park Project Bids were received and opened on Friday, April 19th, for construction and installation of proposed facilities for park - playground adjacent to Bowie Elementary School. Only two bids were received, but since that time, the Chairman of the Parks and Recreation Board has contacted several other firms and has been assured that, if this is rebid, the City will receive three additional bids, and the two who submitted bids by the April 19th deadline indicated they would re -bid. The Parks and Recreation Board recommends that these bids be rejected and it be re -bid. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Walker, Kbesel, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Group Katherine Street - Sewer Problem Mr. Haden Robinson, spokesman for a group of residents along Katherine Street, appeared to enlist the aid of the City Council in solving a prevailing sewer problem following a moderately heavy rain. Some of the residents have an overflow of the commode and backup'in bath tubs and these facilities cannot be used for fifteen (15) or more hours following such rains and is becoming progressively worse each year. Consultation has been had with the Operations and Engineerings Departments but as yet no solution has been found. He presented pictures taken during these periods for the Council to examine. Other spokesmen stated that this problem existed in other sections of the Brownwood Subdivision and City Manager Lanham reviewed a map prepared by the Engineering Depart- ment which revealed that this problem was common in certain areas throughout the City. Several suggestions were offered, but since the Administration is not aware of the cause of the overflow, whether infiltration or open drains, the Adminstration was in- structed to investigate the cost of a study by an outside engineering firm, whose specialty is in this field. Mr. Lanham will also investigate the possibliity of obtaining Federal funds for this study as funds are not available in this year's budget to finance an extensive engineering study nor to make necessary replacementss for correction in the problem areas. Request - Baytown Opportunity School - Sanitary Sewer Service New Site Tom Campbell, Chairman of the Architect Committee for the Baytown Opportunity School, appeared before the Council rehtive to the extension of sanitary sewer to the site of the new Opportunity School which is south of Baker Road. Presently a sanitary sewer main is located on Garth Road, and to serve this site it will be necessary to run a 12 -inch sanitary sewer line 1,442 feet at an approximate cost of $12,552.00. Mr. Campbell stated that the particular request at this time, is for assurance from the City that they can get water and sewer service in order to proceed with their project. The group has received approval from govermental agencies as soon as the plans are approved, which includes the assurance of the services for which they are making request, at this time. The building will be constructed at its maximum square footage in order to serve as many mentally retarded children as possible. Funds for the operaion of the School are inclueed in the United Fund budget, as well as other sale drives which are conducted from time to obtain funds for the expansion of the Baytown Opportunity School facilities. In his opinion, such support would justify their request for special consideration at this time, to extend the necessary facilities for the school to tie on at the usual connection charge. Councilman Kloesel expressed a conviction that this cost should be shared in part by the School District but Mr. Campbell stated that'-they were not legally involved and do not have to participate in this type program under the Texas Education Agency, since the children are severally retarded. They will take graduates if the Opportunity School can get a child up to a level to enter the Special Education classess in school. Councilman Braswell mentioned the provisions of the recently enacted Ordinacne No. 914 which established the policy concerning cost, and extension of sanitary sewer mains in the City and requires a pro -rata cost to be shared by those making such a request, but Mr. Campbell stated that he felt the nature of his request would justify special consideration. Mayor Cravey expressed some concern over any viola- tion of the newly enacted ordinance; in his opinion it would have to be amended to make any deviation. Under the ordinance, the City would be paying approximately 70% of 4501:, the cost of the extension. Councilman Kelley expressed some concern over refusing to make an exception to the Sewer ordinance when, in his opinion, an exception was made on the Marvin- Middleton Road extension, but some members of the Council felt that this.service was included in the 1965 Bond Issue program for the fringe areas presently developed * Councilman Walker excused from meeting. and in their opinion the people in the areas were intitled to this service since they had been paying taxes to the City for a number of years while the Opportunity School project is a new undertaking entirely, Also, the question arose concerning making a ch to future development if the line is extended, and it was agreed that the provision in the ordinance would be applied. It is pointed out that funds are not available in the 1967 -68 budget for such an expenditure, and some doubt was expressed as to whether the Council could encumber money in next years' budget, The Council can express an intent to provide the sewer service when the building is ready for occupancy, if the Council should so desire. After some further discussion and clarification, Councilman Fanes- tiel moved to make provisions in the 1968 -69 fiscal budget to extend sanitary sewer service lines to the Baytown Opportunity School at no cost to the school other than the payment of the usual tapping fee assessed by the City for such connections. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Hullum, Fanestiel and Kelley Mayor Cravey Nays: Councilmen Braswell and Kloesel Ordinance - Accepting Improvement North Main Street Councilman Braswell moved to adopt an ordinance accepting the work of improving North Main Street -from Morrell to Baker Road in the City of Baytown; authorizing the paymetn of the final estimate and issuance of - special assessment certificates in connection with the paving. Councilman Hullum seconded the motion., The vote follows: Ayes: Councilmen Kloesel, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 918 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING NORTH MAIN STREET IN THE CITY OF BAYTOWN, TEXAS, WITHIN THELIMITS HEREINBELOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED INTO: FINDING AND DETERMING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S ENGINEER HAS SO FOUND AND HAS'SO CERTIFIED TO THE CITY COUNCIL, AND MAKING OTHER FINDINGS RELATED THERETO= AUTHORIZING AND DIRECTING THE PAY- MENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH; AND PROVID- ING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Second Reading - General Telephone Franchise Ordinance Councilman Braswell moved to adopt an ordinance, on second reading, which amends the General Telephone Franchise AGREEment to include extended area service to the Mont Belvieu telephone exchange. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 916 AN ORDINANCE AMENDING THE 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 MONTH BELVIEU TELEPHONE EXCHANGE, IN LIEU OF STRICTLY LOCAL SERVICE; PROVIDING FOR DELEGATION OF AUTHORITY, RATE REGULATION,AAN ANNUAL PAYMENT FOR THE RIGHT TO USE CERTAIN FACILITIES, REPEAL OF AMENDATORY ORDINANCE NO. 780 AND OTHER CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. = i/,1�'/ &? Request Water Service Tillman O'Brien 4502 Councilman Kelley moved to approve the request of Tillman O'Brien to tie onto the city's water line at the intersection of Bush and Baker Roads, setting a water meter at this point, and permitting him to use plastic pipe for an extension which he proposes to make at his expense to his new home which will be constructed outside the city limits. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Consider Improvement - Ward Road from Highway 146 to Kilgore Road At the March 28th meeting, a Committee was appointed to make a study of the pro- posed alignment of Ward Road east to Kilgore Road, consisting of a divided roadway of two 25 -foot roadways separated by a 12 -foot esplanade, and requiring the acquisition of an additional 20 -foot roadway easement from Highway 146 east to the westerly boundary line of Eva Maude Subdivision, to provide an orderly 60 -foot easement the entire length of the proposed construction. Mr. Roy Walker, spokesman for the Committee, presented petitions from property owners on either side of Ward Road, those living in Eva Maude and Plumwood Additions proposing that the City Council vote in favor of the proposal that improvements be made to Ward Road to the extent that it be paved with two 12 -Foot lanes in each direction and that pedestrian facilities be provided on each side of the road in the form of con- crete sidewalks; the sidewalks to be beyond the curb and gutter. They propose that the sidewalks be in lieu of the esplanade recommended earlier by the City Council. He also submitted a map setting forth the contacts made and their opinions as indicated by the colors shown. Sixty per cent or more of the residents favored the omission of the esplanade and the construction of sidewalks; six per cent favored keeping the esplanade; and a fraction over two percent favored leaving the street as is. Mayor Cravey expressed some concern regarding the installation of sidewalks because of possible hazards with the City becoming involved in the sidewalk business, but Mr. Walker stated that the gouup felt that the City was prepared to spend over and above the normal cost of four 12 -foot lanes of traffic for an esplanade; therefore, they had rather the City take this money and provide sidewalks to offer some protection to the pedestrian traffic. Councilman Braswell favored the proposal with some exceptions. He approved the elimination of the esplanade, as proposed, but recommended the installation of sidewalks on both sides of Ward Road from Danubina to Narcille and from Narcille tothe swimming pool, the installation of sidewalks on one side only and assess the property owners fifty (504) percent of the cost of the sidewalks in addition to the curb and street participation costs. Mr. WA1ker stated that he felt that many of those excluded out of the limits proposed for sidewalks by Councilman Braswell would favor paying their pro rata cost for the sidewalk. Councilman Fanestiel asked if the sidewalk was to abut the curb or should it be separate and no preference was indicated. A. J. Busch, Jr., the engineer, expressed his preference for a divided roadway, but he liked the proposal for sidewalks also. He made one reservation, however, that additional right- of-way be acquired at the intersection of Highway .146 to build traffic channelization for better traffic flow. After some further discussion, Councilman Fanestiel moved to accept the basis of design submitted by the Com- mittee with the two 12 -foot lanes in each direction and the installation of sidewalks . on both sides of Ward Road; to authorize the engineer, A. J. Busch, to proceed with the preparation of plains and cost estimates on the proposal with the matter of joining or separating sidewalk from the curb be left to the discretion of the engineer. Councilman Kelley seconded the motion. The vote follows: * Councilman Walker returns to meeting during the above discussion. Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None In his preparation, the engineer will provide for widening of Ward Road at the intersection of Highway 146 west, as per his proposal. ** Councilman Kelley excused from meeting. Committee Reports Councilman Hullum submitted a clarification on the pay scale for Firemen. At the time the Committee designed the progressive pay scale it provided for probationary firemen, firefighter, driver, house captain, etc. After the progressive pay scale was initiated, some .jobs were eliminated and firefighter moved to driver.. Clarification is needed where the probationary fireman, after six months, is eligible to move up more than oneclassification as was done in this .case. He starts out at the beginning first year rate of pay, and in the past this has been a probationary six months plus an additional six months. The intention of the Committee was for anyone jumping a classification to 4503 w/a'51&'? start out at the beginning first year rate. Councilman Hullum moved for the Administra- tion, based on this, to go back and made whatever adjustments are necessary as a few men were in the probationary classification before the firefighter classification was set up in October and they went from probationary direct to driver classification. Also, the one year service for pay increase purposed begins at the time an employee is placed in step on of any particular classification. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, and Fanestiel Mayor Cravey Nays: None Councilman Braswell, reporting for the Ambulance Committee, stated that the Committee had recently been in conference with Mr. Navarre, owner and holder of a Contract with the City of Baytown which provides ambulance service for citizens of the City as well as certain industries within and adjacent to the City, and he proposed to renew a two year option, presently a part of his unexpired contract, as he wants to purchase a home in Baytown and the renewal would provide greater assurance of continued operation in Baytown. The City is presently paying Mr. Navarre $4,000 monthly under terms of the contract= if the Council will renew the option, Mr. Navarre proposes to reduce the monthly subsidy by $500 - the City will then pay $3,500 monthly under a new contract which will extend over a period of two years from the date of the execution of the new contract. If this proposal is acceptable to the Council, the City will derive an annual saving of $6,000 by the renegotiation of the contract. Councilman Walker moved to renew the con- tract for a 2-year period and instruct the.Ambulance Committee to probeed , to- negotiate with Mr. Navarre under the terms of a reduction to $3,500 per month for a 2 -year period. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Hullum, Walker, Braswell and Fanestiel Mayor Cravey Nays: None Wooster Fire Department - Use of Sirens Councilman Hullum moved to approve the request of the Wooster Volunteer Fire Department to use the siren for all fires and practice drills. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell and Fanestiel Mayor Cravey Nays: None Eligibility List - Firemen In February, 1968, the Council approved the lowering of the entrance exam for Firemen and Policement to 658 for one time only. Only two fireman applicants passed the examination and one was hired, however, he was not in the 65 -708. A second examination has been given and fifteen of seventeen applicants passed the examination, but six were in the 65 -708 category. The City Manager asked permission to put these six on the eligibility list. Councilman Walker moved to authorize the Director to place the names of these six on the eligibility list. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen WalkeV, Fanestiel and Kloesel Nays: Councilmen Braswell and Hullum Mayor Cravey * * ** Councilman Fanestiel excused from meeting. City Manager's Report Bids will be received on May 6 for the relocating of sewer lines on the 201 right- of-way. * ** Councilman Hullum excused from meeting. The Council reviewed the contents of a deed instrument which was prepared by Gene Muller, in which he is transferring approximately 4 -acres of land,to the City of Baytown as a parksite for Lakewood residents. However, he is stipulating that the en- tire tract must be used as a parksite and it is near an existing sewag4 treatment plant which will, of necessity, be enlarged within the next few years -`any enlargement would involve a portion of the acreage included in the proposed parksitei With the id, 4504 V? restricted provision in the deed, this could not be done. Councilman Walker moved to accept the instrument with the proviso that it be used as a parksite and necessary ex- pansion of the sewer plant. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Braswell, Walker and Mayor Cravey Nays: None Mr. Lanham reported that he had reappointed J. M. Bryan, Tony Campos and R. L. Martin to the Baytown Housing Authority Board for the two ensuing years effective as of April 18, 1968. Adjournment There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn. ATTEST: Edna Oliver, City Clerk Seaborn Cravey, Mayor