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1968 06 20 CC Minutes4519 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 20, 1968 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, June 20, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following 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 Edna Oliver City Clerk William R. Laughlin City Attorney The Mayor called the meeting to order, the Invocation was offered, afterwhich, he called for the minutes of the regular meeting of May 23rd and special meeting of June 5th. The June 5th minutes were corrected as follows: Talk. , for Sidewalks: Should the Civic Associations approve the sharing of the cost with adjoining adjacent property owners, the City Manager, etc. With this correction, Councilman Fanestiel moved to adopt the minutes of the May 23 and June 5 meeting as amended. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Braswell, Walker, Fanestiel and Kelley Mayor Cravey Nays: None rBids - Gasoline Three bids were received on furnishing gasoline to the City of Baytown for the ensuring year. The tabulations follows: Rumble Oil Company Gulf Oil Corp Continental Oil Co. Regular $.1606 per gal Regular $.1700 per gal Regular $.1615 per gal. Premium .1809 per gal Premium .1900 per gal Premium .1815 per gal. It was the recommendation of the Administration that the low bid be accepted. council- man Kloesel moved to accept the low bid of Humble Oil Company. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Diesel Fuel and Kerosene Bids Three bids were received on the furnishing of diesel fuel and kerosene for the ensuing year. The tabulation follows: Humble Oil Co. Gulf Oil Corp. Continental Oil Co. rDiesel Fuel $.1100 per gal. Diesel Fuell $.1110 per gal. Diesel Fuell $.1183 per ga: Kerosene .1200 per gal. Kerosene .1210 per gal. Kerosene .1308 per ga; Councilman Braswell moved to accept the low bid of Humble Company for the furnishing of diesel fuel and kerosene for the ensuing year. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4520 Feeding of Prisoners - Bids Two bids were received on the feeding of prisoners. The bids were submitted by Holly Inn Restaurant and West Main Cafe with identicals bids of $0.60 per meal. * Councilman Hullum arrives at meeting. In view of the fact that the bids are the same and West Main Cafe was the successful bidder the preceding year, Councilman Walker moved to alternate and award the contract to Holly Inn Restaurant for the ensuing year. Councilman Fanestiel seconded the motion. The vote follows: 7 Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Chlorine Three bids were received on the furnishing of chlorine. They are tabulated as follows: i Brine Service & Chemical Co. 1 ton unit $0.045/lb 150 lb unit $0.09/lb Dixie Chemical Co. 1 ton unit $.0456/lb 150 lb unit .1000 /lb Diamond Shamrock Chemical Co. 1 ton unit $.0445/lb 150 lb unit 0.095/lb Councilman Fanestiel moved to accept the low bid of Brine Service & Chemical Co. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - FM Frequency /Deviation Meter Signal Generator Five bids were received on the generator and they are tabulated as follows: Cushman Electronics $3,616.68 - 1 yr. parts & labor - delivery 6 weeks Diversity Communications Co. 3,659.50 - 1 yr. delivery 7 wee s Motorola C. & E. Inc. 3,995.00 - 3 mos. delivery 12 we ks Sterling Electronics 4,249.00 - Manufacturer delivery -60 -90 days General Electric Co. 4,339.20 - 1 yr. delivery -10 -12 weeks Councilman Fanestiel moved to accept the low bid of Cushman Electronics. Coun- cilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Bowie City- School Pilot Park The Council reviewed the recommendation of the Parks & Recreation Board that the bid of Lindsey Construction Company be approved for the construction of the facili- ties of the Bowies City - School Pilot Park. The bid totaled $47,879.00 and the current budget provides $45,000 for parks improvements. The balance of the contract cost can be transferred from Account 600 -11 - Lights and Power for Community Center as it appears the $12,000 budgeted in the account will net be needed during the current fiscal yar. In conjunction with this recommendation, Wayne Gray, - representing the Parks & Recreation Board introduced and read a resolution adopted by the Board which read: "The Parks and Recreation Board further suggests that, providing the Bowie Park proves a justifiable expense by its use by the citizens, the City Council pass a resolution to develop similar or comparable parks, as the land is available, at intervals of one to two years, attempting to utilize the parks portion of the city's comprehensive plan. This would, of course, be automatically stepped up or changed on recommendation of the bond study committee in the event a parks development bond issue is passed." Also, Mrs. Rosenbaum of the Women's League of Voters, reviewed a scale model of the park site which had been developed by the League, giving the Council a feel of how the park will look when it is completed as proposed, and the League felt that the construction of the Bowie School -City Park would be an important first step in the development of a true park system for Baytown. Councilman Fanestiel and Braswell expressed their appreciation of the time, efforts and talent expended in the 1 4521 development of the project and the dedication shown by interested parties, but each felt that the available funds should be expended in other areas rather than the one faciltiy - allocating a portion of the funds to the Bowie School parksite. This would provide facilities for use by a greater number of children, throughout the City. The proposed ratio was $15,000 for Bowie School Park and $10,000 for three other school sites. It was pointed out, however, that the School Board had only approved the Bowie School site. If the Council should approve the alternate proposal permission would have to be obtained from the School Board before the projects could be pursued. Other members of the Council favored the development of the Bowie School parksite. After further discussion, Councilman Kloesel moved to accept the bid of Lindsey Construction Company in the amount of $47,879.00 as recommended by the Parks & Recreation Board including the transfer of $2,879.00 from Budget Account 600 -11. Councilman Kelley seconded the motion. Before the vote was called however, Ken Persenaire, Parks Director was asked to review the projected plans for the use of the parksite upon its completion, and the ages which would be served by the projected activities. Following his presenta- tion, Mayor Cravey called for the question. The vote ofllows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: Councilman Braswell Sigurd Osterhus, Task Force on Housing - Request Council Approval & Support Sigurd M. Osterhus, Chairman of the Baytown Interfaith Task Force on Housing, spoke in behalf of the Committee and ask the Council for its support and approval of the objectives of the Task Force which is working to provide additional housing for low income families in Baytown - low income is defined as $3,000 per year and below. He explained that this major effort will require the joint efforts of the City officials, private citizens and the Federal government. The Task Force on Housing is comprised of eleven Baytonians and an Urban Research Consultant of Houston. The members have conducted a study of housing in Baytown, and their Ludy has confirmed the study of Bernard Johnson Engineering Company which has conducted prior.to the 1965 Bond Election. The need for additional housing has been established by the group discussion with the Public Housing Authority Board. Applications have been filed for consideration if an when vacancies occur and the waiting list has grown steadily for some time. There are Federal Programs for putting housing together, and the Interfaity Task Force on Housing will act as a sponsoring organization during the construction and operation of such units. To be a sponsor requires a great deal of moral obligation and responsibility plus hard work, but it does not require a financial contribution. After some further discussion, Councilman Walker moved to instruct the Administration to draft a resolution sommending and pledging the support of the City Council to the objectives of the Baytown Interfaith Task Force on Housing. Councilmen Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None First Reading - Amendment General Telephone Franchise Ordinance Al Chappell, District Manager of General Telephone Company appeared to request an amendment to the Telephone Franchise Ordinance which would include Crosby in the extended areas service of General Telephone Company. In making his request for this amendment, Mr. Chappell informed the Council that a study had been made by the Company and it has been determined that a need exists for such service as twenty three percent of the telephone calls that originate in Crosby, terminate in Baytown. The extension of such service will result in a rate increase for Crosby customers, but will not affect the rates of the Baytown subscribers. Business rates in Crosby will increase by $2.00 per month, residence service by $0.50 per month. Mayor Cravey expressed some concern over the adoption of an ordinance which will cost customers of a neighboring community, without an expression from them, however, Mr. Chappell assured the Council that a petition was circulated among the Crosby customers requesting this type service; this petition was presented to the Baytown General Telephone office for study. The Council felt that some representation from Crosby should be present for a voice before the second and third readings, but proceeded with the first reading at this meeting. City Attorney Laughlin introduced and read the .ordinance which would provide the extended area service to Crosby, as proposed. Councilman Braswell moved to adopt, for the first reading, the ordinance providing extended area service to Crosby. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: Councilman Kloesel 4522 The caption of the ordinance follows: ORDINANCE NO. 921 AN ORDINANCE AMENDING AMENDATORY ORDINANCE NO. 916 TO THE TELEPHONE FRANCHISE AGREEMENT BETWEEN THE CITY OF GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS AND THE SOUTHWESTERN ASSOCIATED TELEPHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, PASSBY A MAJORITY VOTE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 28TH DAY OF MARCH, 1968; AUTHORIZING THE INCLUSION OF THE CROSBY TELEPHONE EXCHANGE IN THE TELEPHONE COMPANY'S EXTENDED AREA SERVICE; PROVIDING FOR ACCEPTANCE OF AGREE- MENT BY THE TELEPHONE COMPANY; AND PROVIDING FOR THE PARTIAL INVALIDITY. Approve - Submitting Request Variance to Texas Air Control Board Mr. Lanham reported that new regulation, adopted by the Air Control Board, requires cities to discontinue burning of tree limbs andother debris on July 1, 1968. However, a provision has been made that cities in the standard metropolitan areas submit a re- quest for variance if they are not able to comply with the regulation by the stipulated date. The budget, which is being compiled at this time, includes additional equipment and manpower which will eliminate the burning. It was the opinion of the City Manager that burning can be eliminated at the sanitary landfill by January 1, 1969, if the budget items are approved. A petition for variance has been prepared, setting forth the time extension for meeting the terms of the regulation. He asked Council approval before filing it with the Texas Air Control Board. Councilman Braswell moved to submit the petition for variance with the Texas Air Control Board. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Consider Application for Permission to Create Water District - Thompson Road Mr. Rowe, attorney for the proposed Thompson Road Utility District, appeared be- fore the Council for consent, under the Municipal Annexation Act, in order for the water district to be created during this special session of the Legislature. There is a possibility of a second session, but if it is to be presented the first session, consent must be given by the City Council at this meeting. The proposed district will consist of approximately 180 acres of land which is bounded on the north by Interstate 10, on the east by Thompson Road on the west by Spur 330 which will be developed as a residential area primarily. In the discussion, Mr. Rowe emphasized that it has been the policy of most cities in giving their consent, to condition their consent, such as sale of bonds, on all plans and specifications for any construction by the district be approved by the city before installation, condition upon the requirement of an in- spector being present on the grounds at all times during the construction of the facili- ties. The Council discussed with Mr. Rowe the type of bonds, the proposed sanitary se- werage plant and other relating factors in the development of the water district, since the formation would present obstacles to the future growth of Baytown. After some length, Councilman Kelley stated that he realized their request for consent by the Council at this meeting was for a good reason, but he hesitated to act upon the request at this meeting without having an opportunity to discuss the proposed development with the Planning Commission, the Director of Planning and moved to postpone a decision upon the request until a later meeting, in order to permit the Council to confer with the Planning Director and Planning Commission. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey 17 Nays: None Consider Recommendation CISC and CCDC - Comprehensive Drainage Study Frank Whaley, Co- Chairman of theDrainage Subcommittee, which was charged with a broad drainage study for Baytown appeared before the Council to submit a report of its findings and submitted recommendations. The Committee recommended 1) that a study be made and a detailed master plan prepared for the ultimate major drainage 4523 facilities required within the City of Baytown and surrounding areas. Second 2) that the Council utilize the loans available under Public Law 560 to finance the Comprehen- sive Drainage Plan. In making his report, Mr. Whaley expressed his appreciation for the cooperation given the committee by the City Engineer, Director of Planning and County Engineer, Tom Langford. Following the discussion, Councilman Braswell moved to submit a request posthaste in applying for a flood control loan tomake the re- commended study. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Councilmen Braswell and Fanestiel and City Planner Wilhite were appointed as a Committee to interview engineering firms who may be interested in submitting a propo- sal for the proposed drainage study. Approve - Amendment Contract Providing Wrecker Service Mr. Lanham reported that the contract bid approved for providing towing service for the City of Baytown for the ensuing year was under the name of Bayshore Motors, signed by M. D. Taylor. Since that date he has learned that Mr. Taylor, in this case, is not representing Bayshore Motors, but as an individual. A contract has been prepared between the City and Mr. Taylor as an individual, for this service, based on the bid price and Mr. Lanham recommended that the Council authorize the execution of the amended contract. Councilman Hullum moved to authorize the Administration to exe- cute the amended contract. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Approve - Purchase Flashing Signals Use School Crossings Councilman Kelley moved to accept the recommendation of the Traffic Committee and approved the purchase of three flashing signal lights which will be placed at tree heavily traveled school zones in the City. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Approve Accepting Deed Sewer System HCFWSD No. 2 Mr. Lanham reported that a portion of the sewer system in the old Baytown area was constructed by the Federal Government, and upon annexation by the City, a twenty - year lease was executed between the Federal Government and the City on the HCFWSD No. 2- and the lease expired February 28, 1968. The City has paid a rental of $23,900.00 over the twenty year period and the Government is willing to execute a Quit -Claim Deed in favor of the City concerning the sewer system. The only requirement of the Federal Government is the inclusim of a Non - Descrimination covenant in the deed. It was the recommendation of the Administration that the City accept the deed with this stipulation. Councilman Walker moved to proceed with acquiring the deed. Council- man Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Discussion - Draft Ordinance on Pornography Councilman Walker, Chairman of a Committee appointed to study the need for an ordinance on pornography, gave a brief resume of the work of the Committee - the amount of research which has been done by the members and the literature which has been acquired which can be of use in the drafting of such an ordinance if the Council should so desire. The Council also recognized interested citizens who attended the meeting to support the proposal for drafting of such an ordinance -to aid the law enforcement officers of Baytown and serve as a protection to the citizery. After some further discussion, Councilman Braswell moved to grant the Committee permission to draft an ordinance, for Council perusal, which will control or prohibit the sale 4524 of obscene or licentious material in Baytown. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The Committee will be composed of Councilman Walker, as Chairman, Pete Jones, Mrs. Jackie Hooper, Rev. B. D. Nisbet and City Attorney Laughlin. Adopt Resolution - Commending Women League of Voters - Bayshore Rod & Reel Club Councilman Walker moved to adopt a resolution commending the League of Women Voters and the Bayshore Rod & Reel Club for the recent forum on pollution which was conducted at the Community Building on Thursday ,June 13th. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Approval - Daniel Street Paving Project City Manager Lanham gave a brief resume of the events which have occurred in past months regarding the paving of Daniel Street, bids being received in December, 1967. Since the project was to have been done with property owner participation in the costs, the representative of the successful contractor, Brown & Root, Inc., contacted the property owners but was unable to secure any signed liens. The total of the property owner assessments is $5,054.00. It was the recommendation of the Administration that the City assume the indebtedness on those properties on which a Mechanic's Lien has not been signed and proceed with the project as originally planned since the City has spent money having plans prepared and taking bids on the project; some work has been done by the contractor and should be paid; the railroad company has agreed to pay up to $12,280.00 of the cost of the project; and the street is in bad condition and will require maintenance by the City. Councilman Walker moved to assume the indebtedness and proceed with the project. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum and Fanestiel Mayor Cravey Nays: Councilmen Braswell and Kelley Appointment - Mobile Home Review Board Councilman Fanestiel moved to accept the recommendation of Councilman Walker and approved the appointment of a Mobile Home Reviet Board composed of Andy Bargainer, W. W. Power, David Evans, Rober Maeser and Jim Garrison. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Councilmen Kloesel - Committee Councilman Kloesel will serve on the following Committees, namely: Annexation Committee, Industrial District Committee, Utilities Committee, liaison - Parks & Recreation Board and Traffic Committee. Committee - Draft Qualifications - Corporation Court Judge A Committee composed of Councilman Hullum, Braswell and Kloesel was appointed to prepare general qualifications for Council guidance in the selection of a Corporation Court Judge, should the Council decide to replace Barney L. Ward as Corporation Court Judge after July 18th. Council is presently making a study of the alternates. Accept Recommendation Planning Commission - Street Right of Way - Creative Apart -Sec. 4 Ross Wilhite, City Planner, presented a recommendation from the Planning & Zoning Commission for a street right of way dedication from developers of Creative Arms, Section 4. The original dedication by the developer of Creative Arms covered a 50 -foot dedications, 35 -feet of which was free and 15 -feet encumbered by Diamond Alkali pipe line 4525 easement. The Planning Commission asked for 50 -feet of free right -of -way. The developer now proposes a clear 50 -foot right -of -way which is covered by a 10 -foot canopy included in the apartment plans. The canopy extends over the right of way but not over theim- proved street. The Council recommended the dedication be accepted with certain precaut- ionary measures such as removal of the canopy at the property owners' expense if a need should arise, and the City is held free of any liability in case of an accident, removal to be solely at the Council's discretion. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswe" Fanestiel and Kelley Mayor Cravey Nays: None Approval Rivised List - Civil Defense Roster Councilman Braswell moved to approve the revised list of the Civil Defense Roster as prepared by the Director, Fletcher Hickerson. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Faoestiel and Kelley Mayor Cravey Nays: None City Manager's Report Mr. Lanham reported that he had been advised by the State Highway Department that a boat ramp for Baytown is in the making . It will be south of the bridge on Highway 146. A large parking area will be provided in conjunction with the boat ramp and pier. Mr. Lanham gave a report on the students hired by the City during the summer months. Forty -two are presently working, some Youth Corp and Some Job Fair. He asked for per- mission to hire additional young people if a need arises and money is available in the salary accounts. Councilman Walker moved if we have a need and the funds, the City Manager be authorized to hire additional young people. Councilman Kloesel se- conded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Hire Accountant Audit City Books Councilman Walker gave a report onthe interviews -held with the accounting firms relative to employment of a firm to make audit of' City boods and records as per the City Charter. Representatives of four different firms were interviewed and the Council decided upon two for Council consideration. The two firms were Suesse & Austin, CPA and Gerace & Hullum, CPA, both firms being located in Baytown. After reviewing the proposals, Councilman Kelley moved to employ the firm of Gerace & Hullum for the 1967- 68 semi- annual and annual audits. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Waller, Fanestiel and Kelley Mayor Cravey Nays: None Abstained: Councilmen Hullum and Braswell Adjournment There being no further business to come before the Council, it was moved and seconded that the meeting adjourn. The ayes were unanimous and the Mayor delcared the meeting adjourned. Seaborn -Cravey, Mays( ATTEST: �I Edna Oliver, City Clerk