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1969 02 13 CC Minutes4607 MINUTES OF THE REGULAR MEETING OF THECITY COUNCIL OF BAYTOWN, TEXAS February 13, 1969 The City Council of the City of Baytown, Texas, met in regular session on Thursday, February 13, 1969 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Glen Walker Councilman Don M. Hullum Councilman A. M. Braswell Councilman A. Fanestiel Councilman Lamar Kelley Councilman Seabom Cravey Mayor Fritz Lanham City Manager William R. Laughlin City Attorney Edna Oliver City Clerk Absent: Ted L. Kloesel Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich, he called for the minutes of the regular meeting of January 23, and the special minutes of January 30 and February 4. Councilman Fanestiel moved to approve the minutes as submitted in written form. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilman Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Multi -Stage Centrifugal Compressor Two bids were received on the bid invitation for multi -stage centrifugal compressor for sewage aeration operation from the fourteen bid invitations mailed out. They are tabulated as follows: Hoffman Industries $7,650.00 Robert H. Pyle, Inc. $7,344.00 Mr. Lanyam explained that $7,250.00 had been provided in the current budget for the purchase of the compressor, Both of the bids were higher and a supplement would have to be provided after the acceptance of a bid. Councilman Walker moved to accept the low bid of Robert H. Pyle, Inc, in the amount of $7,344.00. Council- man Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hull=, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Landscaping the Civic Center Ground The Council reviewed the plans for landscaping the Civic Center Grounds as prepared by George Hederhorst, Landscape Architect. The Plans were reviewed by the Parks & Recreation Board and approved prior to their presentation to the Council. The cost estimate of the items listed was approximately $20,000.00 and $27,000.00 remains in the bond fund for landscaping. However, Mr. Lanham recommended that a portion of the funds be used in the purchase of pipe to be installed in the roadside ditch along Market Street. The estimated cost of the pipe was $2,760.04, with it being installed by city forces. Following discussion, Councilman Walker moved to authorize the administration to advertise for bids for landscaping the Civic Center Gounds as per plans. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4608 Minutes - February 13, 1969 Authorize Purchase Pipe - Roadside Ditch Market Street Councilman Walker moved to authorize the Administration to purchase the necessary pipe to install in the roadside ditch abutting Market Street with work to be done by cityforces. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Authorize Condemnation of Cuba Greer Estate - Right of Way Ward Road City Manager Lanham reported that acquisition of the right of way from the Cuba Greer Estate has not been completed as the property has been sold and the purchaser has asked to be paid $2.00 per square foot rather than the appraised figure of $1.50 per square foot. The amount of the appraisal fro this property is $14,260.00. The owner /owners wants $18,245.52. Mr. Lanham asked for authority to make an official offer as per the appraised price. Should the offer be refused, he will be given permission to proceed with condemnation proceedings. Councilman Fanestiel moved to authorize the Administration to make the official offer as per the appraised price, and should this be refused, condemnation proceedings be insti- tuted. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilman Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 960 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF FOURTEEN THOUSAND TWO HUNDRED SIXTY AND N01100 ($14,260.00) DOLLARS TO THE ESTATE OF CUBA GREER, CHARLES SUE, A. N. NELSON, OR OTHER PARTIES IN INTEREST, FOR THE ACQUISITION OF CERTAIN INTERESTS IN CERTAIN LAND DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIVE '(5) DAYS; DIRECTING THE CITY ATTORNET TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; PROVIDING FOR THE EFFECTIVE DATE HEREOF. Request Harris County Flood Control District - Improvement Drainage Ditch Glen Arbor The Council considered the proposal of Harris County Flood Control District for improving a County drainage ditch north of the Glen Arbor subdivision where complaints of erosion are being received by the City Administration. This ditch is located inthirty feet of right of way and erosion protection is needed. The District proposed to furnish necessary personnel and equipment to install a half concrete box section if the City would furnish the materials. the District proposed to line approximately 2,000 feet of this ditch at a cost of about $9.00 per foot for materials. On this basis, the amount to be borne by the City would be $18,000. 00. No funds were budgeted for this type work and, should the proposal be accepted, funds would have to be taken from the street improvement budget, or delay action and include it in the 1969 -70 fiscal budget. The Council expressed disapproval of spending city funds for maintenance of the District's projects. Following discussion, Councilman Braswell moved to instruct the City Manager to write to the Harris County Flood Control District and request that funds be included in the District's next year's budget for this maintenance project. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4609 Approve Supplement - Baytown Health League The Council reviewed the 1969 Health League Budget, and its request for an additional income of $5,327.00 to meet the budget expenses. Prior to the Council budget studies, the Health League had requested a gartuity of $14, 327.00 which was disapproved by the Council because of the double taxation imposed upon the tax payers for the operation of the Harris County Hospital District and the City of Baytown. The Council was of the opinion that funds for the type services fur- nished by the Health League should come from the Hospital District's budget which did, upon contact by interested parties, provide $9,000.00 for the salary of the Doctor who renders medical services to patients at the Health Clinic in Baytown. The Health League was now asking the Council to reconsider and participate in an amount equal to $5,327.00. They proposed that it be donated monthly in an amount of $500.00 permonth retro - active to October 1, 1968. Members of the Council felt that the Harris County Hospital District should increase its contribution the operation of the Health League, such increase to be included in the new budget year. After some further discussion, Councilman Walker moved to participate in the financing of the Health League in the amount of $500.00 per month retroactive to October 1, 1968 through April 30, 1969, including the authorization of transfer of necessary funds from the Council Contingency Fund to cover the expenditure. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Councilman Braswell asked the City Manager to arrange for a place on the agenda of the Hospital District at its next regular meeting for representatives from the Council and the Health League. The caption of the Resolution follows: RESOLUTION NO. 241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND FIVE HUNDRED ($3,500.00) DOLLARS FROM BUDGET ACCOUNT 101, COUNCIL CONTINGENCY FUND, TO BUDGET ACCOUNT NO. 501 -7 -1. Resolution - Transfer of Funds Councilman Braswell moved to adopt a resolution transferring $3,436.00 from Council Contingency Fund to various accounts within the General Fund.. Councilman Hull= seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None RESOLUTION NO. 236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND FOUR HUNDRED THIRTY -SIX $3,436.00) DOLLARS FROM BUDGET ACCOUNT 101 COUNCIL CONTINGENCY FUND, TO BUDGET ACCOUNTS NOS. 106 -10 -8, 111 -6 -4, 200 -6 -4, 200 -9 -1 AND 201 -9 -2. Councilman Braswell moved to adopt a resolution transferring $1,000.00 from Budget Account 600 -10 -1, furniture and fixtures in the Park & Recreation budget to Budget Account 601 -9 -1 to build cement slab & shelter at McElroy Park. Council- man Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the resolution follows: 4610 Minutes - Febrdary 13, 1969 RESOLUTION NO. 237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER ONE THOUSAND($1,000.00) DOLLARS FROM BUDGET ACCOUNT 600 -10 -1, TO BUDGET ACCOUNT 601 -9 -1, WITHIN THE GENERAL FUND BUDGET. Delay Action - Amending Chapter 18 of Code of Ordinances The Council delayed action upon passage of an ordinance amending the Code of Ordinances by amending Chapter 18, Motor Vehicles and Traffic, until the next regular meeting of the Council. Appointment - Dr. John H. Andrews - Planning & Zoning Commission Councilmen Kelley moved to appoint Dr. John H. Andrews to the Planning & Zoning Commission to fill out the unexpired term of Dr. George Walmsley. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Meeting Planning & Zoning Commission Monday, February 17 The Council and members of the Planning & Zoning Commission will hold a joint meeting Monday, February 17th at noon for thepirpose of discussing calling a public Hearing upon a)ning in Baytown. Also, the Council will discuss with them the proposal of Frank Thielan relating to the right of way requirement, dedicating and building permit acquisition for an apartment complex on property abutting Baker Road at Massey Tompkins Road intersection. Resolution - Assume Payment of Portion Expenses - Housing Authority Community Bldgs. Councilman Hullum moved to adopt a resolution agreeing to assume the payment of a portion of the annual expenses of operating and maintaining the HOusing Authority's Community Buildings in an amount not to exceed the sum paid annually by the HOusing Authority to the City of Baytown in the form of payments in lieu of taxes, or the sum of $2,000.00, which ever sum shall be the lesser. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the Resolution follows: RESOLUTION NO. 238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AGREEING TO AND OBLIGATING ITSELF TO ASSUME THE PAYMENT OF A PORTION OF THE ANNUAL EXPENSES OF OPERATING AND MAINTAINING CERTAIN COMMUNITY BUILDINGS TO BE CONSTRUCTED BY THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN; PROVIDING THAT THE CITY'S OBLIGATIONS TO PAY SAID EXPENSES SHALL NOT EXCEED THE AMOUNT PAID ANNUALLY BY THE HOUSING AUTHORITY TO THE CITY OF BAYTOWN IN THE FORM OF PAYMENTS IN LIEU OF TAXES, OR THE SUM OF TWO THOUSAND AND N01100 ($2,000.00) DOLLARS, WHICHEVER SUM SHALL BE THE LESSER; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME T, rHE HOUSING AUTHORITY OF THE CITY OF BAY - TOWN. i f Resolution - Accepting Proposal Construction of Community Buildings - Housing Authority Councilman Kelley moved to adopt a resolution accepting the proposal of the Housing Authority for the construction of two communizy buildings which shall be available for local service groups for the operation of health, educational and recreational programs and other related services without charge to the public. Councilman Hulum seconded the motion. The Vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4611 The caption of the resolution follows: RESOLUTION NO. 239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING THE CONSTRUCTION BY THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN OF CERTAIN COMMUNITY BUILDINGS FOR THE JOINT USE OF THE CITY OF BAYTOWN, OTHER POLITICAL SUBDIVISIONS AND PRIVATE SERVICE GROUPS FOR,THE OPERATION OF HEALTH, EDUCATIONAL AND RECREATIONAL PROGRAMS; PROVIDING THAT SPACE IN SUCH COMMUNITY BUILDINGS SHALL BE UTILIZED BYIPHE CITY OF BAYTOWN IN CONJUNCTION WITH OTHER POLITICAL SUBDI- VISIONS AND SERVICE GROUPS FOR THE OPERATION OF SUCH PROGRAMS; AU- THORIZING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUf ION AND DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME TO THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN. Committee Coordinate Programs Within Poverty Programs Mr. Dowler was present to discuss with the Council the calling of an election to select a 15 -man committee to supervise the poverty program in Baytown. HIS original proposal was submitted at January 23rd. meeting, and specified five shall be Negro, five shall be Mexican Americans and five Anglo Americans, with one of the fifteen named Chairman. In discussing the many facets of the request, it waspointed out that neither the Council not the electors of the City would know the color of the candiate, neither would they be assured of this ratio if more than fifteen candidates filed for the positions. It was suggested that the Human Relations Council of Baytown sponsor and supervise and election with the poverty areas in Bayotwn, LaPorte and Lines. Following the election, a report could be made to othe council upon the results and the Council could give its approval by adoption of a resolution naming the Poverty Commission. This would permit. the Human Relations Council to know the candidates prior to the election. Following further discussion, Councilman Kelley moved to instruct the Human Relations Committee to supervise an election of the fifteen man commission, as proposes} from the three poverty areas. Following the election the results be referred to the City Council for approval. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hull=, Braswell, Fanestiel and Kelley (. Mayor Cravey Nays: None Rex Braun - Pollution Bill Mayor Cravey asked the Council to familiarize themselves with the contents of the proposed bill of Rex Braun regarding Pollution and be prepared to pass a resolution at the next regular meeting supporting this effat. Robert Beaman - Civil Service Director Councilman Walker moved to reappoint Robert Beman, Jr., as Director of the Baytowncivil Service Commission for the next three years, effective as of January 1, 1969 through December 31, 1971- Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Councilman Braswell moved to authorize the City Manager to write a letter to the Corps of Engineers, Galveston, 'texas, endorsing the projects which have the support of the Chambers - Liberty Counties Navigation District for the improvement of Cedar Bayou Stream. Councilman Fanestiel seconded the motion. The vote follows: Ayes! Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Deferred Action - Engineering Firm Contour Map - Second Joint City-School P rksite The Council delayed action upon the request to hire an engineering firm to prepare a contour by the map of City Manager for authorization the second proposed joint City - School Parksite at Travis Elementary School. Supporting - Chambers - Liberty Counties Nay. District - Improve Cedar Bayou Stream Councilman Braswell moved to authorize the City Manager to write a letter to the Corps of Engineers, Galveston, 'texas, endorsing the projects which have the support of the Chambers - Liberty Counties Navigation District for the improvement of Cedar Bayou Stream. Councilman Fanestiel seconded the motion. The vote follows: Ayes! Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 4612 Supporting - Committee of Channel Industries - Improvement Navigation Ship Channel Councilman Kelley moved to authorize the City Manager to write a letter to the Corps of Engineers, Galveston, Texas, endorsing the projects for the improvement of navigation on the ship channel as proposed by the Committee of Channel Industries. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Resignation - Councilmen Braswell and Fanestiel - Effective March 31, 1969 Councilman Hullum moved to adopt an ordinance formally accepting the resignations of City Councilman Braswell from District No. 4 and City Councilman Fanestiel from District No. 5, effective as of March 31, 1969; declaring the two positions vacant as of the aforementioned date; instructing the City Clerk to accept applications for filling the two positions by an election to beheld on the same date and in the same manner as provided for the general election. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY ACCEPTING THE RESIGNATIONS OF THE CITY COUNCILMEN FROM COUNCIL DISTRICTS NOS. 5 AND 4, RESPECTIVELY; DECLARING SAID CITY COUNCIL POSITIONS FROM DISTRICTS NOS. 4 AND 5 VACATED AS OF MARCH 31, 1969; INSTRUCTING THE CITY CLERK TO IMMEDIATELY BEGIN ACCEPTING APPLICA- TIONS FOR THE SAID VACATED COUNCIL POSITIONS; AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 1ST. DAY OF APRIL, 1969, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. 2, 3 AND 6; AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR ELECTION OFFICIALS, DESIGNATING THE PLAICES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE" BEING ORDINANCE NO. 956, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 23RD. OF JANUARY, 1969, BY THE AMENDMENT OF SECTIONS 1, 4 AND 8 THEREOF, FOR THE PURPOSE OF PLACING ON THE BALLOT FOR THE SAID REGULAR MUNICIPAL ELECTION THE VACATED POSITIONS OF COUNCILMEN FROM DISTRICTS NOS. 4 AND 5; PROVIDING THAT SAID VACATED POSITIONS SHALL BE FILLED BY THE ELEC- TION OF COUNCILMEN TO FILL THE UNEXPIRED TERMS OF THEIR RESPECTIVE PRECEDING OFFICER HOLDERS. Adjournment There being no furthur business to come made and seconded that the meeting adjourn. declared the meeting adjourned. before the Council, the motion was The ayes were unanimous and the Mayor J rN 111M _,� ) Edna Oliver, City Clerk