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1967 07 13 CC Minutes4379. MINUTES OF THE REGULAR MEETING OF . THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS July 13, 1967 The City Council of the City of Baytown, Texas, met in regular session on Thurs4ay, July 13, 1967 at 6:30 p.m.,Iin the Cpuncil Room of the Baytowq_City. Hall with the following members in attendance: Patrick Ball Glen Walker A. M. Braswell Albert Fa.nestiel Lamar Kelley Seaborn Cravey Fritz Lanham Richard Park Edna Oliver. Absent: . Don M. Hullum Councilman Councilman Councilman Councilman Councilman Mayor - City_ Manager Asst City Attorney City Clerk Councilman The Mayor called the meeting to order, the. Invocation was offered., afterwhich the Mayor called for the minutes of the regular meeting of June 22nd'and the special meeting of June 26th. Councilman Fanestiel move d to approve the minutes as presented in written form. Councilman Braswell seconded the motion._ The vote_ follows: . .. 1. Ayes: Councilmen Ball, Walker, Braswell...Fanestiel and Kelley Mayor Cravey Nays: None Approve - Donovan Street Sanitary Sewer Construction Only one bid was received for the installation of a sanitary sewer line on Donovan Street. This bid was submitted by Bayshore Construction, Inc.-,_in_ the amount of $7,743.50. This is the project in which the property owners lieve agreed to pay $1,32 per front foot of sanitary sewer installation fronting upon - their property. This -will make the property owners pay approximately $2,700.00 of the project. Councilman Braswell moved to award the contract to Bayhsore Constructors, Inc., for the installation of sanitary sewer along Donovan- Street. Councilman Walker seconded themotion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell., Fanestiel and Kelley., Mayer Cravey Nays: None _. Resolution - Validity of Notice to Property Owners - Abutting North Main Street. The City Manager introduced and read a resolution approving the affidavit and list of property owners who were notified by the City Clerk relative td-the improvement and the time and place of hearing on the North Main Improvement project. Councilman Ball moved to adopt the resolution as written. Councilman.Wa_l.ker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ACCEPTING AND APPROVING THE AFFIDAVIT AND LIST OF VROPERTY OWNERS,.PRESENTED,TO COUNCIL BY CITY CLARK, SAME BEING TO THB EFFECT THAT SHE PROPERLY NOTIFIED THE 31 :4 PROPERTY OWNERS ABUTTING NORTH MAIN STREET, FROM THE NORTH PROPERTY LINE OF MORRELL AVENUE NQR`T'HERLY TO THE SODA$ :PROPERTY, LINE OF BAKER RQAD EXTENDED EASTERLY OF A HEA=G QF BENEFITS TO BR HELD JULY 13, 1967, IN CONNECTION WITH SPECIAL ASSESSMENTS TO B� LEVIED AGAINST SAID ABUTTING PROPERTY OWNERS ALL AS PRESCRIBED,BY,ARTICLE 1105b, VERNON'S ANNOWATED CIVIL 4TATUTES; FINDING AND HOLDING THAT ALL THE PREREQUISITIES OF 14AW AS TO NQTTCF HAVE BEEN MET; THAT THE,MAYOR ANQ CITY CLERK ARE AUTHORIM AND,DIREQTED TO PROPERLY EXECUTE THIS RESOLUTION AND THAT THE CITY CLERK SHALL PLACE THIS RESOLUTION, TAE AFFIDAVIT AND MUST OF PROPERTY OWNERS AND AFL PERTINENT INFORMATION IN A, FILE -TO BE MAINTAINED IN HER OFFICE AS PART OF PM PPLIC RECQRDS OF THE CITY OF BAYTOWN. Status Report City Hall and Community Center Lowell Lammers, Architect, submitted a drawing of a Community Building and City Hall inscription plaque which will be mounted on each of thebuildings. Both plaques will be cast bronze-with raised letters listing the Mayors and Councilmen, City Manager, Architect, Engineers and general contractor under whose administration the buildings were approved and constructed. Councilman Braswell moved to approve the plaques as inscribed. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Mr. Lammers informed the Council that August 15th is not a realistic date for holding Open House at the Civic Center Site. The Council agreed this was true - the Architect will make a report later rdative. to the proposed date for holding the Open House. Hold Hearing - North Main Improvement Protect - Ordinance Closing Hearing The benefit hearing for the improvement of North Main Street, from Morrell to Baker Road, was opened by Mayor Cravey. A. J. Busch, Jr., engineer, gave a brief• resume of the extent of the paving, the cost of the project to infividuals and the steps required by the State Statute. After his report Richard Park, Assistant City Attorney, called upon Bob Beverly, a local realtor, who testified, in response to questions, that he had been a resident of Baytown for the past twenty years, the past fifteen of which had been engaged in.the real estate business and was familiar with the selling and appraisal of property. It was his opinion that all of the proper- ties loeted on the portion of North Main Street included in this project would be enhanced in value in amounts equal to exceeding the cost of such improvements. After hearing Mr. Beverly, Mayor Cravey asked for questions, if any, from interested property owners attending the meeting. Only one or two questions were presented, these for clarification and none protesting the proposed improvements. After giving all parties attending the meeting an opportunity to be heard, Mayor Cravey declared the hearing closed. The City Manager introduced and read an ordinance closing the hearing given to the real and true owners of the property abutting upon North Main Street; fixing charges and liens against said properties and providing for issuance of assignable assessment certificates and the manner of collection. Councilman Braswell moved to adopt the ordinance as read. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestieland Kelley Mayor Cravey Nays: None The caption of the Ordinance follows: ORDINANCE NO. 875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BATT'OWN, TEXAS, CLOSING THE HEARING GIVEN TO TUE REAL AND TRVE 01R%M OF THE PROPERTY ABUTTING UPON NORTH MAIN STRE4 WITHIN THE TIMITS HERF MEWW DEFINE, IN- THE CITY OF BAYTOWN, TEXAS, AS, TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF = IM; PROVEMNNT THEREOF, AND, AS TO THE ACCURAQY,,SUFFICIENCY, REQUTARITY AND VALIDITY, OF THE PROCEEDING$ AND CONTRACT IN CONNEC'T'ION WITH SAID, IMPROVE- MENTS, , AND THE ASSESSMENTS TO BE LEVIED, COVERING 5-W COST, THEREOF; 4381 OVERRULING AND DENYING_ALL PROTESTS AND OBJECTIONS OFFERED;-.FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEpL OF PROPERTY AND THE OWNERS, THEREOF IN I EXCESS OF THP AIKDUNT . OF THE SPECIAL ASSPSMEN`T', AGAINST SAME; FINDING, THE REGULARITY, OF ALL PROCEEDINGS AND THE PERFtJRM&NCE OF ALL PREREQUISITES. TO FIXING THE ASSESSMENT ISBNS AND THE, PERSONAL LIABILITY OF THE PROPERTY[ OWNERS; LEVYING, ASSESSMENTS,, FIXING CHARgM AND LIENS AGAINST SAID,. PROPERTY ABUTTING SAID STREET..AND = TRUE OWNERS THEREOF FOR PAYMENT,._ OF PART OF TVE_ COSTS, OF PM TIKPROVPUM; PROVIDING FOR THE ISSUANCE, OF ASSIGNABLE ASSESSMRNT CERTIFICATES AND,THE MANNER.OF THEIR COLLECTION; PROVIDING FOR OTHER $AT1= REIATING TO, THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE HERWF. _ Approve - Abandonment of Easement - Corner of North Pruett and Park Street The City Council considered a request of James W. Ansell that the City abandon a four foot by fifty foot easement beginning at the utility easement paralleling Park Street in which utility lines are presently located. The City nor the three utilities are not and shall not use the easement and the Administration recommended its abandonment. Councilman Fanestiel moved to authorize the Mayor to execute the Quit -Claim Deed on the easement. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Request - Lee College Extension American, Republic and Humble Street - Campus The Council reviewed the request of Dr. Strahan of Lee College to open American, Republic and Humble Streets onto the campus. The technical- vocational facility on the campus is nearing completion and he requested the opening of American Street at the earliest possible date to a new parking lot which will be designed to be serviced by this street. A second parking lot will be designed later which will will require the entrance and exit to utilize the extension of Republic and Humble Streets. Mr. Lanham reported that an estimate,of cost for the opening of the three streets was prepared - toatl amount for three streets approximately $4,300.00. This would be a street without curb and gutter but cement stabilized base with - asphalt surfacing. Councilman Braswell moved to authorize the extension of these streets on the basis of the City using its manpower and equipment to do the work provided the College will provide the materials. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Reauest Housing Authority Board - City Council Cooperation Agreement - Low -Rent Apts. The Council reviewed the action of the Board of Commissioners of the Baytown Hous- ing Authority in passing a Resolution asking the City Council to enter into a Cooperation Agreement for 250 additional Low -Rent apartments as their records show the need for low rent apartments is not adequately met by private enterprise. City Manager Tenham reported that two requirements must be met before the City Council can enter into such a Cooperation Agreement. First; It would be necessary to hold an election on the question of whether or not the City should have additional public housing units; and second - the Federal Government requires that a WORKABLE PROGRAM be in force for the City to construct additional public housing. In addition, the City must have established an effective code compliance program and must have implemented a comprehensive code compliance program. Related to the matter of a WORKABLE PROGRAM is a request of Mr. A. M. Howell to the FHA for a loan to construct apartments units under the rent supplement program. Councilman Braswell suggested that a meeting be arranged with the Housing Authority Board todiscuss the request to learn what justification is presented for the City to enter into a Cooperation Agreement for the additional 250 low -rent units. The Council agreed much may be gained from such a meeting. The City Manager will make the arrangements and the Council will be notified of the date. The meeting will be opened to the general public. 4382 Request - Eddie Gray Sever Line to Trailer Park - McKinney Road Mr, A. J, Busch, Jr., engineer, representing Eddie Gray, presented a request for the City to extend a sanitary sever line to serve a proposed trailer park which will be constructed by Mr. Gray near Spur 201 right -of -way between McKinney Road and Cedar Bayou Road. The park will provide spaces for 140 mobile homes but in order to provide the sanitary sever connection lines to each mobile home, it will be necessary for a line to be extended up Cedar Bayou Road some 866 feet, with the installation of 3 manholes - Mr. Gray was asking for the extension of the 8 -inch sewer line and the construction of the 3- men - holes. Mayor Cravey informed Mr. Busch that the most recent action of the Council relating to a similar request was the extension of 100 -Peet of sanitary sewer at the City's expense, any remaining extension to be made by tae person desiring the improvement, at his own expense. Mr. Gray pointed out the growing need for properly constructed trailer parks such as he proposes to build. The Council recognized the need for a decision to be made on the request but postponed action at this meeting until further study can be given to it by the Council, City Manager and Department Heads. Mr. Gray will be notified when the study is completed. Proposal - Extension of Beaumont Street The Council discussed the proposal of the AVG Corporation relating to paving a portion of Beaumont Street. The proposal included: 1. Dedication of additional right -of -way, along Beaumont Street from Davis Road to the north line of fortune Drive so as to provide a total right - of- way width of 60 feet. 2. We agree to pay our pro rata costs of paving Beaumont Street, 39 feet wide, from Davis Road to the north line of Fortune Drive, in accordance with the City's participation paving policy. We will also pay the pro rata costs of other properties fronting on the street that are owned by others. 3. We will further bind ourselves to furnish additional right -of -way along the entire length of our property on Beaumont Street, including right -of- way necessary to eliminate the existing right angle offset if the street is extended north at some later date. The proposal was predicated on beginning construction as soon as physically possible. The total estimated cost for this project, including storm sewer, is $23,254.00. On the usual pro rata basis, the property owners portion of cost would be $10,000.00; the City's cost, $13,254.00. Councilman Walker moved to accept the proposal of the AVG Corporation for the improvement of this portion of Beaumont Street. Council- man Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The Engineer was instructed to advertise for bids for the construction on the basis.of the proposal. Discuss - request for Repeal of Ordinance No. 661 - Classification Civil Service The Council discussed the request of the Police Department for the repeal of Ordinance No. 661 relating to the classification of civil service employees. The ordi- nance was adopted in October, 1962, primarily to provide for first and second class pump operators in the Fire Department and first and second class patrolmen in the Police Department. Both Departments have recommended the elimination of second class - the Civil Service law requires as examination before promotion - under. this ordinance he serves six months probationary period - then becomes a second class patrolman or pumper and after two years automatically slides up to first class without an examine - tion. The Department heads felt that it is no longer necessary to require four and one -half years of experience before being eligible to a promotion to a supervisory position. A police sergeants examination is scheduled for July 26 and there are some officers in the Patrolmen Second Class classification who are not eligible to take the examination under existing ordinance - hencethe request for the repeal of the ordinance. 4383 Councilman Ball stated that the Benefits Committee had found two questionable areas within the Police Department at the time of the salary schedule study and they saw the need of an efficiency study - this resulted in their request for the Organizational Method Study. He was not sure that the Council should act upon the request prior to budget review study without the entire Council being mcr a informed. Councilman Kelley agreed that action on the request should be delayed atthis time. Councilman Fanestiel felt that the request should be acted upon at this meeting because the City Manager had expressed some urgency in its passage due to the scheduled examination of July 26th. Other questions relating to the request were submitted and discussed, after - which Councilman Ball moved to table further action on the request until the next meeting at which time the Benefits Committee will bring its recommendation. -Council man Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker and Kelley Mayor Cravey Nays: Councilmen Fanestiel and Braswell Consider - Widening Pruett at Park Street Interserction Councilman Fanestiel moved to authorize the widening of Pruett Street at the Park Street intersection by shifting the curb to the east - work to be done by city forces and using concrete material for street work. Councilman Kelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adopt Appropriation Ordinance Councilman Braswell moved to adopt an ordinance appropriating $22,025.00 from the unappropriated surplus General Fund to budget classifications 101 -6 -6, 101 -7 -1A2 107 -6 -21 201 -5 -4, 201 -6 -9, 701 -1 -5 and 701 -2 -6. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 876 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE CITY M&NAGER OF THE ¢ITY OF BAYTOWN,_TO APPRO- PR;ATE TWENTY TWO THOUSAND AND TWENTY FIVE ($22,025.90) DOLLARS FROM, THEUNAPPRQPRUTED SURPLUS 99MAL FUND TO CLASSIFICATIONS 101 -676, 101 -7 -1A, X07 -6 -2, 201 -5 -41 201 -6 -9, 701 -1 -5 AND301 -2 -6. Report - Curb and Gutter Replacement - Florida Street Several months ago the Council received an extimate on the curb and gutter work on Florida Street - the cost estimate at that time was $18,532.00- The Administra- tion was asked to make a more detailed study' to determine if the new.curb and gutter could be tied into the street without replacement of street base. It has now been found that more of the street base will have to be removed and replaced and the amended estimate cost is $28,690.00. It was the recommendation of the City Manager that this project be delayed at this time due to the fact that the budgeted capital improvement funds for street have been committed. The Council concurredl with the recommendation - the project will not be abandoned, but tabled until funds are made available. Two Appointments - Parks & Recreation Board Upon recommendation of Mayor Cravey, Councilman Ball moved to approve the appointment of J. T. Adams and Mrs Ora Harding to the Parks and Recreation Board. Councilman Walker seconded the motion. The vote follows: 4384 Ayes: Councilmen Balls Walker, Braswell, Fanestiel end Kelley Mayor Cravey Nays: None - Report - Councilmen Ball - Commuter Airline Service Councilman Ball gave a brief report on the interest recently developed at the Houston International Airport since the authorization by the T.A.A. to provide communter service to Clear leke City. This will reduce the commuting time from hours to minutes per day. Presently there are other applications filed with the T.A.A. in this area for the same type service. Since Baytown has the growth potential, he pointed out that air transportation to this area cannot be shelved. He encouraged the Council to keep aware of the maximum benefits which can be derived from these developments; to continue to explore ways of obtaining a paid airport facility. The Council agreed that Baytown is destined to have airport facilities and the study should be pursued with increased interest. Ordinance 661 Repealed - Moved from Table Councilman Walker moved to remove the subject of the repeal of Ordinance 661 from the table, as previously acted upon, for reconsideration and action. This course was taken following a coffee break at which time the Council was able to discuss and clarify some points which were not clear at the time the first pro- posal was rffered for consideration.. Councilman Nelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Abstained: Councilman Ball Councilman Walker explained 1nat he had some questions concerning the Police Department and during the discussion at coffee break he Learned that othe matters entered into the selection of a Sergeant other than the higest the test; it-is not obligatory that the high man on the examination receive the promotion. He concluded his statement with a motion for the repeal of Ordinance 661 - Civil Service Regulations. Councilman Ball stated that this was one of several discrepancies in the Civil Service Ordinance - it needs to be reviewed in its entirety and he agreed to go along with the repeal of Ordinance 661 with an additional stipulation that committee take .a look at the ordinance for other discrepancies - this stipulation was agreeable to Councilmen Walker. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Nays: Mayor Cravey Councilmen Ball, Hullum and Walker will act as the Committee to review the Civil Service Ordinance and bring recommended changes to the Council for adoption. The caption of the Ordinance follows: ORDINANCE N0. 877 AN ORDINANCE REPEALING ORDINANCE N0. 661 PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, ON OCTOBER 25, 1962. W. J. Toupe - Volunteer Firemen Some members of the No. 1 and No. 2 Volunteer Fire Departments were present and charged that the 150 volunteeers were not considered or contacted relative to the recent changes in the fire department such as closing of Fire Station No. 1 and suspending the blowing of the fire sirens from 10 P.M. to 7: A.M. Each person stated that his concern was in rendering a service to the community, not in any monetary benefits. They asked for better communication between the paid and volunteer firemen.. Mayor Cravey and other members of the Council offered apologies for their lack of communication with the volunteers. Explanations were given relative to the closing of the station and the suspension of blowing sirens between certain hours. Also, to dispel any rumor concerning a 100 per cent paid fire department, now or the near 4385 future. However, if the past action of the Council -has jeopardized the'molunteers' position the Council will review its action and attempt to arrive at•a workable solution. City Manager's Report - Resolution - Authorizing Signing of Checks. Due to the recent resignation.of S.-C. Prince, City Manager Lanham introduced and read a resolution authorizing the.signing of checks.with_0. M. Coe, Jr. .. replacing Mr. Prince as Deputy Treasurer.. Councilman Walker moved.to adopt.the resolution as read. Councilman.Braswell seconded the motion. The vote follows; Ayes: Councilmen Ball, Walker, Braswell,.Fanestiel and-Walker. -Mayor Cravey _ Nays: None The caption of the resolution follows: - - RESOLiF1.'ION N0. 182 A RHSOLUTION.AUTHORIZING THE SIGNING OF CHECKS ON ALL ACCOUNTS. -OF THE_ , CITY OF BAYTOWN BY EITHER FRITZ IJOHAM OR EDNQ, OISVP JOW WITH Jl B. LeFEVM OR 0.�I. COE, JR. - Under the most recent Subdivision Ordinance, a plat may be given final approval at the time of the first presentation provided the .developer.files.a.completion: Bond with the Planning Commission guaranteeing the installation of all improvements as set forth in the Subdivision Ordinance. This completion bond requirement has proven to slow down rather than speed up development. An amendment to this ordinance will be prepared, as recommended by the Planning Commission, which will revert to the former procedure of completion before acceptance. The Council will meet on Tuesday, July 18th - 6:30 p.m., for a review of the galley.sheets-of -the Codification of- Ordinances. Adjournment _. _. .. The motion was made and seconded that-the meeting adjourn.. The ayes were unanimous and the Mayor declared themeeting adjourned. Edna Oliver, City Clerk t i