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�
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