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1969 06 26 CC Minutes4668 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 26, 1969 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, June 26, 1969 at 6 :30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: David W. Evans Councilman Don M. Hullum Councilman Leonard W. Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk Absent: Ted L. Kloesel Councilman Fa The meeting was called to order by Mayor Walker, with Reverend Burnette W. Dowler offering the Invocation. Mayor Walker then called for the minutes of .the regular meet- ing of June 12th. Councilman Hullum moved to approve the minutes as submitted in written form. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Approve Final Payment Contract No. 5, Sanitary Sewer Construction City Manager Voelkel discussed with the Council the final acceptance and payment for Job No. 151 -5, Contract No. 5, Sanitary Sewer Construction to the contractor, Bayshore Constructors, Inc. The Consulting Engineers, Turner, Collie, & Braden, have submitted a final estimate for the work but some problems were involved in that the work went beyond the completion date. The Administration recommends that the City be reimbursed by the contractor in the amount of $5,853.36 which represents actual expense incurred by the City for resident inspector and his expenses. This is a legitimate deduction through the liquidated damages special provision of the con- tract. Mr. Voelkel discussed this with both the Consultants and the Contractor re- presentative and both agree the City should be refunded its actual expenses. There was some question about the amount to be refunded but they were willing to proceed with final acceptance of.work provided that if this amount is not correct, the amount the contractor pay the City be adjusted accordingly. It was the recommendation of Mr. Voelkel that final payment be made less the amount the Contractor will pay the City for this liquidated damage. Councilman Hullum moved to accept the recommendation of the City Manager to accept and authorize final payment of the contract less the amount the Contractor will pay the City for the liquidated damage and the City Attorney be instructed to prepare an ordinance accordingly: Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None See Ordinance 981 Award Contract - Ward Road Storm Sewer Project City Manager Voelkel submitted copies of a letter received from Baytown Engineer% ing Company, Inc., regarding completion of the review of the bids submitted for the construction of storm sewers and appurtenances on Ward Road. These bids were sub- mitted to the Council at the June 12th meeting but acceptance was delayed pending the review and report from the Consulting Engineers. It was the recommendation of the Engineers that the contract be awarded to the low bidder, Bayshore Constructors, Inc., subject to the presentation of the specified performance bond and statutory payment bond. Councilman Hullum moved to accept the recommendation and award the contract to Bayshore Constructors, Inc., at the bid.price of $74,279.45; authorizing the adoption of an ordinance approving the execution of a contract. Councilman Stasney commented upon the difficulty which the City has experienced in trying to get Bayshore Constructors to restore some areas which have been dug up while installing water lines along Ward Road and Strickland Street - Also lawns - Mocking Bird and Kipling which have not been 4669 June 26, 1969 - Minutes restored as promised, and many areas along Ward Road which have not been graded. He was hesitant to award a contract to a firm who has shown such disregard for the public's con- venience and asked for some assurance from the firm that this performance would not be repeated. Mr. Plato, representing the Bayshore Constructors, Inc., reviewed the plans for the project. Due to the location of the storm sewer, he stated there should be no problem with drainage and traffic will be rerouted to allow the lines to be laid as quickly as possible and the areas affected restored, possibly within 2 -3 weeks after installation of the storm sewer. Councilman Kelley suggested that payment be withheld until the Contractor restores the areas yet defective. Following some further discussion, Mayor Walker called for the question. The vote follows: 711 Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Final Acceptance - Various Construction Projects City Manager Voelkel reviewed the four construction projects which have been completed and recommendation for acceptance and final payment has been received from Jack Morton, Director of Public Works. The projects are listed as follows: 1. Bayshore Constructors, Inc. -6" Waterline Bay Villa $ 528.27 8" Waterline Price, Sterling Decker 6" Waterline Bayway & Decker Drive $ 2,436.79 2. Brown & Root, Inc. - 12" Sanitary Sewer - Baker Road $ 1,230.20 3. Southern Paving Co- Leasman Construction - 1967 St. Imp. Program $ 1,000.00 4. Warren Brothers - 1968 Street Improvement Program $25,192.95 Councilman Kelley moved to accept the four projects and authorized final payment as recommended by the Administration. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None ummer Street Pavina Program City Manager Voelkel asked the Council if they wanted to select an additional street ip District No. 1 at this meeting to include 3.n the Summer Street Program since it was agreed that one would be included at the May 22nd meeting. Councilman Kelley asked, and others agreed,*to delay the selection until another time. Plans for one -half the projects are completed and Jack Morton, City Engineer, feels that it will require two weeks to com- plete the construction plans on all the streets which were originally approved. Mr. Voelkel suggested that bids be advertised for that portion of the construction plans which have been completed and bids could be received and a contract awarded the latter part of July. This would permit street work to be done during the hot weather. If no bids are sought until the entire construction plans are completed, work will be delayed until the latter part of August, or the first of September. Following some further discussion, Councilman Kelley moved to advertise for bids on.approximately one -half of the 1969 Summer Street Paving Projects. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Since some concern has been expressed by members of the Council about overrun on other street paving projects, City Manager Voelkel asked for clarification and authorization from the Council on whether the bids are to be in lump sum or unit price basis. Councilman Hullum moved to continue with the unit price basis. Councilman Kelley seconded the motion. Councilman Stasney was opposed to unit price on basis that if mistakes were made, the City not only pays for the mistake but pays for having it corrected. In his opinion,, in today's i. competitive atmosphere the City would probably get more for its money on lump sum bid basis. He was willing, however, to vote in favor of the motion based on keeping of records by the City's inspector of any instances that the City may experience on paying for these mistakes. Councilman Kelley stated that, in his opinion, lump sum bids encouraged the contractors to build in safe factors to make sure they do not underrun a bid and would cost the City more money. Following some further discussion, Mayor Walker called for the question. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4670 Minutes, June 26, 1969 Petition - Afro - American and Mexican - American Communities Demands Leo Tanguma, a member of the Baytown Civic Committee representing the Afro - American and Mexican- American communities of Baytown, appeared before the Council to serve notice to this administration that a program of reparation is demanded in the areas of city services. These demands were in the form of a petition which stated that the demands are absolutely necessary to correct the abandonment and denial of such services toward the communities in the past. No longer can the insults be tolerated of your operating- this city's administration as if the Afro and Mexican communities did not exist. The demands included: No. 1 - Election of City Councilmen Method of electing city councilmen be changed so that only the respective districts may vote and elect their council repre- sentative. I No. 2 - Police Department: That the Police Department recruit at least two Afro - Americans. Our communities demand that these be responsible to problem of community City Jobs and Positions:' City of Baytown jobs and positions be fully integrated Administrative jobs be made available to Afro and Mexican Americans Assistant to Mayor: J. P. Henderson be replaced by an Afro or Mexican American who understands the social and economic problems of our people. No. 3 - Improvement of Streets: That eighteen streets be paved adequately; names stipulated - consider Federally assisted programs for community development No. 4 - Traffic Control: That traffic controls be installed on Texas Avenue from Airhart to Cedar Bayou Bridge; Airhart from Cedar to Lynchburg; that a policewoman be installed here to supervise traffic. No. 5 - Sewers: That sewers be given emergency attention along Aves. J and K No. 6 - That a community recreational area be created in an area central or approximate to our communities. No. 7 - That insecticides be sprayed for mosquitos in our areas once a week That owners of vacant lots be forced to maintain their areas No. 8 - That fire hydrants be installed on Beech Street in front of Guadalupe Catholic Church and on Cypress fronting First Mexican Baptist Church No. 9 - That adequate drainage be created for Magnolia, Cypress, Cherry, Beech, Aves. I., J. , K., Fortinberry, Granville, and Harkins Streets. No. 10- That street lights be provided and spaced adequately in Central Heights, Busch Terrace and Oak Additions. We urge you to accept the challenge of practicing the democratic process; we urge ; you to practice your Christian jXralli_ty in meeting these modest and belated demands. In anticipation of your efforts and actions we offer you our help in community development projects but let it be understood that our communities expect responses and serious actions. Sixty -eight signatures accompanied the petition. Councilman Stasney moved to accept the petition. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None R Since the Council had no opportunity to review the petition, Mayor Walker deferred further discussion upon the demands of the petition until the Council has had an opportunity to give it some study. Mr. Tanguma and other interested individuals will be notified of the date of the public meeting which will be held in the Council Chambers. The public will be invited to attend the meeting. RECOMMENDATION - Purchase of Additional Land Park Purposes - Parks & Recreation Board Wayne Gray, Chairman of the Parks & Recreation Board, appeared before the Council to recommend the purchase of approximately 10 acres of land adjacent to the Hollaway tract for a park. This fronts on Raccoon Drive. The Hollaway tract which was donated to the City and recently designated as a parksite by the Council contains approximately 10 acres - this would provide a parksite the approximate size of Roseland Park. The estimated cost would be between $35,000 and $40,000 and it is anticipated that matching funds may be received from HUD. The Board also proposes to apply for matching funds for the Hollaway property. City Attorney Laughlin stated that the City could enter into an option or earnest money contract for the purchase of the acreage conditioned upon the availability of matching funds. This would provide a release for the City should funds not be available. Councilman Stasney moved to accept the recommendation of the Parks & Recreation Board by taking steps to secure the property with the intent of purchasing only if matching funds -are available from HUD. Councilman Hullum seconded the motion The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4671 Minutes, June 26, 1969 The Council asked the Parks & Recreation Board to proceed look for land which can be used as ball fields, either temporary or permanent. The caption of the resolution follows: RESOLUTION NO. 263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE DIRECTOR OF PLAN- NING TO EXECUTE AND FILE AN APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO r. SECURE A GRANT IN THE AMOUNT OF SEVENTEEN THOU - SAND FIVE HUNDRED AND NO /100 ($17,500.00) DOLLARS TO ASSIST IN THE ACQUISITION OF PARK LAND FOR OPEN -SPACE USES; AGREEING THAT ANY SUCH GRANT MADE SHALL BE USED BY THE CITY TO ACQUIRE, DEVEIAP, AND RETAIN SAID LAND FOR PERMANENT OPEN -SPACE USES; ASSURING THE UNITED STATES OF AMERICA AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT THAT THE CITY WILL FULLY COMPLY WITH APPLICABLE REGULATIONS; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. Ordinance - Repealing Ordinance No. 950 - Calling New Hearing South Main Improvements Councilman Stasney moved to adopt an ordinance repealing Ordinance No. 950, passed by the City Council on December 12, 1968, and ratifying and confirming the costs and improvement of a portion of South Main Street between the south line of Harper Addition, section One to the north line of State Highway 146 and ordering a new hearing which shall be had and held before City Council on July 24th, 1969. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING THE ACTION HERETOFORE TAKEN BY THE CITY COUNCIL APPROVING AND ADOPTING ESTIMATES OF THE COSTS AND OF CERTAIN PORTIONS OF THE COSTS OF THE PERMANENT IMPROVEMENT OF SOUTH MAIN STREET, WITHIN THE LIMITS HERE- IN -BELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS, AS HERETOFORE ORDERED BY A CERTAIN ORDINANCE ENACTED BY THE CITY COUNCIL OF SAID CITY; DECLARING THE CITY COUNCIL'S INTENTION OF ASSESSING PART OF THE COST OF SUCH IMPROVEMENT AT CERTAIN RATES PER FRONT FOOT AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; REPEALING ORDINANCE NO. 950, PASSED BY THE CITY COUNCIL ON DECEMBER 12, 1968, CLOSING THE HEARING OF BENEFITS HELD ON SUCH DATE; CANCELLING, ANNULLING AND SETTING ASIDE THE HEARING OF SPECIAL BENEFITS HELD AND GIVEN TO ALL OWNERS OR CLAIMING TO OWN ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THEREIN AS TO SUCH PROPOSED ASSESSMENTS AND AS TO OTHER MATTERS RELATED TO SUCH IMPROVEMENT; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 18, Division 3 - Parking Meter 7 In accordance with the action of the Council at the June 12th meeting, City Attorney Laughlin submitted an ordinance to amend Chapter 18, Division 3, of the Baytown Code of Ordinances to provide for a $1.00 fine for parking meter violation rather than the present 25C fine provision. Councilman Evans moved to adopt the ordinance as submitted. Councilman Cannon seconded the motion. Mayor Walker asked for discussion whereupon Councilman Hullum recommended that the charge be $ .25 for the first ticket and $1.00 for the second received in any one calendar day. Councilman Stasney stated that he had given quite a bit of study to the action of the Council at the last meeting and has concluded that the intent was not to punish an individual for over- parking but to control parking. In his opinion the $ .25 levy was a reasonable fine and moved that the motion be tabled. Mayor Walker declared the motion dead for want of a second. Following other discussion, Councilman Stasney moved to amend the ordinance to in- corporate the provision for an initial ticket penalty of $ .25 and a $1.00 penalty for the second and further succeeding tickets. Councilman Kelley seconded the motion. Councilman Hullum suggested that before this provision is incorporated in ordinance 4672 Minutes, June 26, 1969 form the details of administration should be investigated. Councilman Cannon suggested that the fine charge remain as it now is set forth in the Code of Ordinances, as he has information that there are_ample parking spaces for shoppers in the downtown business district. Councilman Hullum then moved to table the matter of parking meters. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, and Kelley Mayor Walker Nays: Councilmen Evans and Cannon Authorize - Recall Sanitary Sewer Sub - Committee - Re- evaluate Report Councilman Stasney moved to authorize the Mayor to re- activate the Sanitary Sewer Sub - Committee of the Capital Improvements Bond Issue. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Report - Wrecker Study Committee Councilman Cannon, Chairman of the Wrecker Study Committee, reported upon the results of a joint meeting of wrecker operators, Assistant Police Chief and Committee members. He asked the Council to study the proposed changes which have been suggested as several of the Committee members have tentatively agreed upon the proposed amend " --- ------ ments. It is hoped that a recommendation will be completed for presentation at the next regular meeting of the Council. Exchange Property_- Improve Craigmont Lift Station Ross Wilhite, City Planner, reviewed a drawing relating to a proposed exchange of land with Frank Thielan, developer of Craigmont Subdivision, which will permit the City to expand and improve the Craigmont Lift Station. The developer agreed to an exchange, however, the site he proposed was somewhat smaller than the tract owned by the City. The Council agreed to a proposal of exchange provided it was an equal exchange of land as shown on the map submitted by Ross Wilhite. A. J. Busch, Jr., Consulting Engineer representing the Craigmont Subdivision developers, stated that he felt the developers would be reluctantly agreeable to the exchange and asked for tentative approval for the exchange by the Council so that deed could be prepared and executed in order for the developers to proceed with the development of the sub- division. Following a lengthy dis cussion, Councilman Evans moved to adopt an ordinance' authorizing the execution of a deed for the even exchange of land with the Craigmont Subdivision developers as shown on the map displayed by Ross Wilhite, City Planner. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the Ordinance follows: ORDINANCE NO. 980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE EXCHANGE OF TRACTS OF LAND OF EQUAL SIZE BY AND BETWEEN THE CITY OF BAYTOWN AND TIFFANY HOMES, INC., AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PRE- PARE APPROPRIATE INSTRUMENTS EFFECTING SUCH EXCHANGE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE, AND THE CITY CLERK TO ATTEST, A DEED EFFECTING SUCH CONVEYANCE ON BEHALF OF THE CITY; ACCEPTING THE CONVEYANCE TO THE CITY FROM TIFFANY HOMES, INC. AND FINDING THAT SUCH CONVEYANCE IS FULL AND ADEQUATE CONSIDERATICN FOR SUCH EXCHANGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Suspend Parking Meter Fees - July 3rd Downtown Business District At the request of the Downtown Merchants Association, Councilman Hullum moved to authorize the suspension of parking meter fees in the downtown business district on July 3rd. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4673 Minutes. June 26, 1969 Retain Fees - Penny Meters Fronting Main Post Office Building - West D @fee Street In order to expedite the moving of Post Office traffic, Councilman Kelley moved to make an exception and retain parking meter fees with issuance of tickets for violation on the six (6) penny parking meters fronting the main Post Office Building on West Defee on July 3rd and each Trades Day hereafter declared. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None rteguest - School District - Exemption Charges Landfill Services - Refund Previous Payments The Council reviewed the request of the School District for exemption by the City for landfill services and a refund of payments which have been made for such services by the School District. The Council was in agreement that they saw no basis for granting the discontinuance of the charges. Councilman Evans moved to deny the request. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Nays: Mayor Walker Houston - Accepted Extraterritorial Jurisdiction Boundary City Attorney Laughlin informed the Council that he had received from the Houston Legal Department the executed contract on extraterritorial jurisdiction together with an executed ordinance approving the contract between Houston and Baytown regarding the boundaries relating to the extraterritorial jurisdiction. Approve Use Plastic Pipe - Aylor and Gunn Building Project Councilman Kelley, Chairman of the Committee appointed at the June 12th meeting to work with Joe Aylor in the use of plastic pipe in an apartment project which is to be constructed soon, reported that the Committee had met with Messrs. Aylor and Gunn and recommended that the contractors be allowed to use plastic pipe in whatever manner :hey may Want to with the exception of gas. 'hie Committee will follow this closely to see what experience may be gained. Also, the Committee wanted to be fair in its relation with other builders and if they should want to use plastic pipe in a proposed apartment building, he suggested that the builders get in touch with the Committee and they will meet with them to discuss the project. The Committee agreed the use of plastic pipe should be limited presently. He concluded his report with a motion that the Council disregard the application of the Building Code to allow Aylor and Gunn to use plastic pipe for any purposes they desire except gas in this pioneer project, and to allow any other builder the right to bring similar requests to the Committee for review and con- sideration. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None MISCELLEANOUS Councilman Kelley asked that an amendment be prepared, for presentation at the next meeting, to the Waste Collection ordinance which will permit the City to charge any person or firm for damage to the City's Disposal Plants when the material pumped into the disposal plant causes a breakdown in the operation of the plant. Also,to move to add to the proposed bond issue, funds to replace old water facilities throughout the city. Councilman Hullum referred to the park benches which are presently located in r i several areas of the City for advertising purposes, and asked that the Administra- tion contact the person responsible. The Council had denied the first request for placing the benches throughout the City - they were not contacted the second time. The benches are to be removed immediately. Councilman Stasney referred to a recent meeting of the Houston Galveston Area Council and the requirement for each city to submit comprehensive plans to the Council for Water, Sewer, and Drainage of its particular area. Mr. Wilhite informed the Council that these plans have been submitted, however, a supplement needs to be submitted parti- cularly in relation to parks and thoroughfare planning. City Engineer Morton will have estimates on the cost of replacing damaged sidewalks on Florida Street at the next regular meeting of the Council. Citizens Committee - Charter Updated Councilman Kelley moved to authorize the appointment of a Citizen's Committee A674. Minutes, June 26, 1969 for the purpose of studying Charter revisions. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, HUllum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Investigate Street Blockage - Traffic Flow_ Contractor After hearing a complaint from Robert Stipe relative to blocking of Park Street and impediment of traffic flow by Whitelak Construction Company, the City Administra- tion was asked to research this, enforce what authority the City now has and make recommendations in areas where we have no authority so that business firms, large or small, will be incovenienced as little as possible. 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. CAL Q" C. Glen Walker, Mayor ATTEST: Edna Oliver, City Clerk I� 1 9