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1969 03 13 CC Minutes4620 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 13, 1969 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, March, 1969 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 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 27, 1969. Councilman Fanestiel moved to approve the minutes as submitted in written form. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Rewiring and Repairing Floodlights - Rose land Park Swimming Pool Four bids were received for rewiring and repairing the floodlights at Roseland Park Swimming Pool. They are tabulated as follows: A -All Electric Company Mapes Electric Company Pepco Electric Company Vornsand Electric Co. "Turn Key" job as per specifications $877.00 Good only if existing wire can be removed & conduit not rusty $678.16 $1,223.16 Bid does not include replacement of conduit $850.00 * Councilman Braswell arrives at meeting. Mr. Lanham reported that the Administration had checked with A -All Electric Company for verification of the "Turn Key" job, and was assured that this was true. He recommended that the bid of A -All Electric Company be accepted as it was the best bid for the City, should the conduit have to be replaced. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Landscape Development for Civic Center ° Two bids were received for the landscape development of the Civic Center geunds. They are tabulated as follows: Bradshaws Florest, Inc. Including San Augustine Grass planting - 30 calendar days completion $32,057.76 Southern Landscaping, Inc. Including San Augustine Grass Planting - 63 Calendar days completion $22,512.92 Five sets of plans were picked up, but three declined to bid. Of the two received, Southern Landscaping, Inc. was the lowest bid, however, it was somewhat over $2,000.00 of the estimate of cost submitted at the time the bids were advertized. Funds remaining in the bond fund and not committed total of $24,600.00. Councilman Fanestiel moved to Minutes - March 13, 1969 accept the low bid. Councilman Braswell seconded the motion. Some members of the Council felt that some of the work was not necessarily needed at this time and suggested solicitations being made to the various Garden Clubs in Baytown. After some further discussion, the Mayor called the question. The vote follows: Ayes: Councilman Hu11um, Braswell and Fanestiel Mayor Cravey Nays: Councilmen Kloesel, Walker and Kelley Bids - Waterline Bay Villa Addition Four bids were received on the installation of a 6 -inch watermain to serve Bay Villa Addition. These bids are tabulated as follows: Barneys Incorporated 30 working days $ 6,706.00 Alpha Construction Co. 20 working days 6,016.52 S. & C. Construction Co., Inc. 30 working days 5,159.50 Bayshore Constructors 30 working days 4,759.50 Humble Oil & Refinin Company is paying for the cost of the installation of the 6 -inch water main since they have requested release from their service contract to furnish water to the subdivision. The bids were reviewed by Company officials and the bids of Bayshore Constructors was acceptable. It was the recommendation of the City Manager that the contract be awarded to the low bidder on the basis of the bid. Councilman Hullum moved to award the contract to the low bidder, Bayshore Constructors in the amountof $4,769.50. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Joe Ayler - Request Water & Sewer Connection - Serve Subdivision Outside City limits Joe Ayler, local developer, appeared before the Council to request permission to allow him to connect the water and sewer mains of a proposed subdivision development of a 40 acre tract of land located outside the city limits, north of Massey - Tonpkins 1 Road and west of Cedar Bayou, to those of the city. It was pointed out that the schedule of rates for these services would be according to established policy of the City of Bavtown. After some further discussion, Councilman Kloesel moved to approve the request oi Mr. Ayler., with assurance that he has permission to connect to the water and sanitary sewer mains of Baytown. Councilman Braswell seconded the motion. The vote follows: Gerald Schweers - Baytown Police Association - Pay Increase Request of $100.00 Per Mo. Gerald Schweers, Patrolman, appeared before the Council in behalf of the Baytown Police Association concerning a salary increase which, in his opinion, in needed to keep the Baytown Police Depari$smt competitive with the rapid industrial growth situa- tion. His report included the increase in calls made by the Police Department, the comparison of salaries paid to Policemen in towns and cities abutting Baytown,the efforts that are being put forth by members of the Baytown Police Department to improve their knowledge by attending Police enforcement classes being conducted by Lee College, etc. He asked that the Council grant each and every Civil Service commissioned Police Officer in the City of Baytown a $100.00 per month across the board pay increase. If possible, he asked that the Council be prepared to give its reply to the request at the next regu- lar meeting of the City Council. He further asked that the answer be in the affirmative and, if not that the Council would grant a referendum election. This $100.00 request does not include any fringe benefits. The Council discussed several facets of the request which results in the appointment of a Committee which was named following the presentation of the Fire Department's representative, W. C. Turner, Captain of the Department. Captain W. C. Turner - Firemen's Local 1173 - Pay Increase - Fringe Benefits Captain W. C. Turner, Jr., of the Baytown Fire Department, submitted the results of a regular meeting held by the Department on March 7th. (1) For the purpose of a better retirement, to ask the City Administration to remove the current ceiling on their wages and to allow them to pay on their maximum salary. (2) Moved and formally endorsed the Supplemental Benefits provided for by TMRS. (3) Request a salary increase of $100.00 per month per paid Fireman, with the same stipulation that the Council be prepared to give an answer by the next regular meeting, if at all possible. 4622 Minutes - March 13, 1969 Councilmen Kloesel, Hullum and Kelley were appointed as members of the Committee to study the wage request of the two departments. Councilman Kloesel will serve as Chairman of the Committee. Consider Plans - Phase No. 2 Waterworks Improvement Program Paul Voinis, representing Turner, Collie & Braden, Inc., Consulting Engineers, reviewed plans and specifications for Phase 2 of the Waterworks Improvement Program. The construction costs for Phase 1 of the program is presently underway is $523,301.50 and the estimated construction cost of Phase 2 is $536,599.00 making a total for the two contracts of $1,229.087.00. Total funds available is $1,123.507.00, leaving a deficit of $105,000.00. The Engineers have prepared the plans for contract No. 2 into parts (a) and (b). It Kas the recommendation of the Administration that the bids be taken on both parts and after the bids are received and tabulated, the Council can determine whether or not to delete the (b) portion from the contract. Mr. Voinis also reported that following an investigation conducted by Turner, Collie & Braden, CAP -0O3 asbestos cement pipe has been found to be accepted and it will now become a part of the specifications of all the work being done by the Engineering firm. This will give three manufactures of asbestos cement pipe, John - Mansville, Certainteed and CAP -0O3 whose materials will be acceptable by the firm. After some further discussion Councilman Fanestiel moved to authorize the advertisement for bids on Phase 2 of the Waterworks Program, bids to be taken on both (a) and (b) parts as proposed. Councilman Kloesel seconded the motion. The vote follows: Dyes: Councilmen Kloesel, Walker, Hullum, Braswell Fanestiel and Kelley Mayor Cravey Nays: None The bids were to be received on April 3rd. and submitted to the Council for its consideration on April 9th. Joe Butrick - Retail Merchants Association - Improvement Texas Ave. - North Main to Circle Joe Butrick, representing the merchants on West Texas Avenue, asked the Council to consider the repaving of West Texas Avenue from North Main west to the Albert Thomas Circle. Since this is one of the main arteries of traffic, Mr. Butrick stressed the need of an overall improvement program for west Texas Avenue including the lowering of curbing, removal of some of the utility poles, and resurfacing of the street. Councilman Fanestiel suggested that parking be removed from Texas Avenue to permit free flow of vehicular traffic. This would require the removal of parking meters and parking areas provided on streets running parallel with Texas Avenue both to the North and South. Other suggested improvements were enumerated to be included in the long range planning for improvement of the business district. Frank Thielan - Exchange of Property Mr. Lanham reported that Frank Thielan, local developer, is platting an area ad- jacent to the City's Craigmont Sewage Treatment Plant, and he has proposed an exchange of land to the City. He wants a portion of the unused treatment plant property valued at $2,360.00 and the property he has offered has a value of $41+4.00. The Administration recommended that the developer pave the right of way a width of 12 -feet and a length of 148 feet at an estimated cost of $1800.00. This would give the City a fair value of return. Following the discussion, Councilman Walker moved that the Administration be authorized to contact Mr. Thielan upon the basis proposed. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Hullum, Braswell, Fanestiel and Kelley Nays: R4ayor Cravey Amt Ordinance - Supplemental Disability Benefits TMRS Councilman Walker moved to adopt an ordinance providing for participation in the Supplemental Disability Benefits Fund of the Texas Municipal Retirement System. Councilman Braswell seconded the motion. The Mote follows: Ayes: Councilmen Klosel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: 4623 Minutes - March 13, 1969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PROVIDING FOR PARTICIPATION IN THE SUPPLEMENTAL BENEFITS FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY ALL DEPARTMENTS OF THE CITY GOVERN- MENT WHICH NOW PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENTSYSTEM; AND PROVIDING FOR PAYMENT OF THE CITY'S CONTRIBUTIONS ON ACCOUNT OF SUCH PARTICIPATION. Policy - Use Chemical Spray by Police Department Councilman Kloesel expressed some concern over the use of chemical spray by members of the Police Department since, in his opinion, it was definitely harm- ful judging by the reactions he has witnessed. He asked for some type policy on its use, however, he stated that he had no policy at the present time, and recom- mended the deferment of adoption until the last meeting in April. Councilman Braswell stated that he talked with Captain Caldwell, City of Houston Police Depart- ment and the instructor at Lee College who is presently conducting a class on law enforcement upon the study of the use of a chemical spray. Captain strongly recommended against the Council setting a policy, as such, on the use of any Weapon the Police Department may have occasion to use, but he did say the use of a chemical spray did require some discretion. He suggested that the Chief of Police prepare regulatory procedures and see that patrolmen are kept aware of the procedures. Councilman Walker stated that he had talked with two eye specialists in Baytown about the use of the chemical spray and its effect upon the eyes, and was told in both cases that hair spray was more harmful to the eyes, as this spray could permanently damage the eyes - the chemical spray caused temporary irritation and should be clear within a 48 hour period. City Manager Lanham asked permission tocall a physician for the purpose of examining any person who has been sprayed with the chemical spray. This would be in the citizens and members of the Police Department as the Police would have authority to call a physician immediately. Councilman Kloesel moved to adopt such a policy. Mayor Cravey suggested the the Council authorize the expenditures of the funds, if the Administration sees fit to make this a departmental rule as this would be more in keeping with the recommendation of Councilman Braswell.. Since there was so second to the motion made by Councilman Kloesel, Councilman Braswell moved to authorize the expenditure of funds by the Administration if it is deemed necessary to call a physician. Some felt that this placed the burden of choice upon the Administration rather than the adoption of a policy authorizing the Administration to call in a physician each time the chemical spray is used. Others approved this approach. Following further discussion, Mayor Cravey asked Councilman Braswell to clarify his motion. He then moved to authorize the expenditure of funds by the Administration, if the policy is adopted by the City Manager and Chief of Police to call a physician each time Chemical spray is used by Police personnel. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: Request - Sewer Service Burger King Corporation Mr. Lanham reported that he had received a request from the Burger King Corporation for sanitary sewer service to their new building on Highway 146. A total of 675 feet of sewer line most be constructed to provide this service and the cost of materials only is $2,020.00. Using the computation set forth in the ordinance setting forth the policy for extending sanitary sewer service, the cost to the property owner will be $1,273.00 and he has agreed to this amount. Mr. Lanham recommended that the line be constructed by city forces and the request be approved. Councilman Braswell moved to approve the request and installation of the line be made with city forces. Council- man Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Request - Temporary Closing of Streets - Outlawn Terrace Addition The Council reviewed the request of Akard S. Beall for permission to place a light barricade in the Ward Road entrance to Fifth and Sixth Streets for a period of 90 -days as he has purchased all lots fronting on these streets in Outlawn Terrace Addition and are starting construction on the lots immediately. The streets are dead - end streets and will serve no other area other than the lots abutting them. Councilman Braswell moved to approve the closing of the streets for a period of Nineth (90) days. Councilman Walker seconded the notion. The vote follows: Ayes: Councilman Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey 4624 Nays: None Ordinance - Amending Boundary LImits - City of Baytown Councilman Walker moved to adopt an ordinance, with some modifications, amending the boundary limits of the City of Baytown to exclude the ten foot strip along the Southern Pacific tracks between F. M. Road 1942 and Interstate 10. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 962' AN ORDINANCE AMENDING THE BOUNDARY LIMITS OF THE CITY OF BAYTOWN BY EXLUDING CERTAIN TERRITORY NOW INCLUDED WITHIN THE LIMTS OF SAID CITY; SAID AREA SO EXLUDED THEREFROM COMPRISING APPROXIMATELY 5.62 ACRES AND BEING A TEN (10) FOOT STRIP OF LAND ALONG A CERTAIN PORTION OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY AND A CERTAIN PORTION OF FARM MARKET 1942, ALL OF THE TERRITORY COVERED BY THIS ORDINANCE BEING IN CHAMBERS COUNTY, TEXAS; ALL AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Calling Hearing Annexation Strip_ Councilman Walker moved to adopt an ordinance setting the date for a public hearing on the proposed annexation of a 10 foot strip along the west bank of Cedar Bayou Stream between Interstate 10 and F. M. Road 1942. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 963 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING.AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution - Authorizing Mayor Execute Agreement Extraterritorial Jurisdiction Councilman Braswell moved to adopt a resolution authorizing the Mayor to execute an agreement with the City of Mont Belvieu concerning the exterritorial jurisdiction of Baytown and Mont Belvieu in the area that is being disannexed. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the Resolution follows: RESOLUTION NO. 245 A RESOLUTION FORMALLY APPROVING A JOINT AGREEMENT BETWEEN THE CITY OF BAYTOWN AND THE CITY OF MONT BELVIEU; APPOR- TIONING EXTRATERRITORIAL JURISDICTION; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXEUCTE AND ATTEST THL JCINT AGREEMENT; DIRECTING THE CITY ATTORNEY TO FORWARD A CERTIFIED COPY OF THE SAME TO THE CITY OF MONT BELVIEU FOR RECIPROCAL APPROVAL. 4625 Ordinance - Amendment Electrical Code Councilman Hullum moved to adopt an ordinance amending the Code of Ordinances of the City of Baytown to amend the city's electrical code to require driven ground rod in all new construction. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel, and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 964 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING THE CODE OF ORDINANCES, ETC. Reappoint - Three Members to Electrical Board Councilman Kelley moved to approve the reappointment of Joe Crumpler, Kenneth Vornsand, and Don M. Hullum to the Baytown Electrical Board, retroactive to Jan. 1, 1969. Messrs. Hullum and Vornsand will be for two ensuing years; Mr. Crumpler, for one. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Hullum, Braswell, Fanestiel, and Kelley Mayor Cravey Nays: None Proceed - Employ Reputy Tax Assessor- Collector Mr. Lanham reported that the work load in the Tax Assessor - Collector's office has increased to such proportions as to merit the hiring of a Deputy Tax Assessor, funds for such employment being included in the 1969- 70,budget. He asked for authority to proceed with hiring of a deputy. Councilman Kloesel moved to authorize the hiring of the Deputy Tax Assessor. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel, and Kelley Mayor Cravey Nays: None City Manager's Report - Continued Mr. Lanham referred to a letter which he had received from the Department of Housing and Urban Development regarding the City's application for Federal assistance in the master drainage planning. The application was disapproved because of mis- understanding. The City Planner, Ross Wilhite, and some representative from Turner, Collie, and Braden will contact the regional office in Fort Worth for matters of clarification and, if necessary, make a trip to Fort Worth for a meeting with the Regional Administrator so that the application may be resubmitted. Adjourment 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 declared the meeting adjourned. G� Edna Oliver, City Clerk