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1969 07 24 CC Minutes4678 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN July 24, 1969 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, July, 1969 at 6 :30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Don M. Hullum Councilman Leonard 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 David Evans Councilman The Mayor called the meeting to order, the Invocation was offered by Councilman Cannon. Mayor Walker then called for the minutes of the regular meeting of June 10th. Councilman Kelley moved to approve the minutes as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Hullu, Stasney, Cannon, and Kelley Mayor Walker Nays: None Ordinance - Closing Hearing of Benefits - South Main Street Extension Mayor Walker opened the hearing of benefits upon the South Main Street extension paving project and then turned the proceedings over to the City attorney, W. R. Laughlin who gave a brief summary of the steps taken heretofore relating to the 7 proposed improvements. The City Attorney then called upon Mr. Otis Graham, a local realtor, who testified in response to questions that he is engaged in the real estate business in the City of Baytown, and is familiar with market values in the area generally, as well as those in the specific area in question. He testified that he is thoroughly familiar with the nature of the work to be done concerning the proposed improvements of South Main Street, having personally examined and studied the engineering plans and specifications relating to the project. He further testified that he is thoroughly familiar with each and every tract of land proposed to be assessed, having made a personal inspection, on the ground, of each of the properties. He further testified' that he is familiar with the costs proposed to be assessed against the properties on the assessment roll, and that in his professional opinion, all of the properties abutting upon the proposed right of way will be enhanced in an amount exceeding the costs of the improvements to be assessed with the exception of tracts 2 -E and 4 -E. In his opinion, no benefits would accrue to these two tracts by reason of the proposed improvements. Mr. Graham pointed out that the present paving pro- ject provides only for the improvement of the east side of the street right of way, and that the properties abutting upon the east aide of the said street will be enhanced as aforesaid. It was his opinion that no benefits will accrue to tracts abutting upon the west side of the said improvements. Mayor Walker then called upon other persons present in the audience to ask any questions of Mr. Graham or to make comments con- cerning the proposed improvements, the amounts of the assessments or other matters re- lating to the assessment roll. No one offered an inquiry or made any other response. Councilman Kelley moved to adopt an ordinance closing the hearing of benefits on the proposed improvements_.jf South Main Street; fixing charges and liens against said properties and providing for issuance of assignable assessment certificates and the 7 manner of collection. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kelley, Hullum, Stasney, and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SOUTH MAIN STREET, FROM THE SOUTH LINE OF LOT SEVEN (7), BLACK ONE (1) HARPER ADDITION, SECTION ONE (1) , A SUBDIVISION OF BAYTOW*1, H_`1MIS COUNTY, TEXAS, TO THE NORTH LINE OF STATE HIGHWAY 146, -4679 Minutes, July 24, 1969 IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IM- PROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED CONVERING THE COST THEREOF; OVER - RULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, FINDING AND DETERMINING THAT SPECIAL BENEFITS WILL NOT ACCRUE AS TO CERTAIN PARCELS OF PROPERTY AS HEREIN SET OUT, AND THAT SPECIAL BENEFITS WILL ACCRUE TO EACH AND EVERY REMAINING PARCEL OF PROPERTY AS SHOWN ON THE ASSESSMENT ROLL HEREINBELOW SET OUT AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AS HEREIN ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID REMAINING PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR PAYMENT AND COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution - Supporting Proposed Bond Issue Bill Darling, Secretary to the Baytown Jaycees, introduced and read a Resolution which had been unanimously approved by the Jaycees favoring a bond issue to raise the necessary revenues for financing public facilities and lending support with time, effort and money to the affirmative acceptance by the electorate of the City of Baytown for the passage of such a bond issue when the City Council deems it necessary to call a bond election. Councilman Hullum moved to express appreciation to the Baytown Jaycees for the Resolution with intention of supporting a bond election when the Council deems it necessary to call an election. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Petition - Opposing Issuance on Premise Wine & Beer License - Blue- Onion Lounge Mayor Walker introduced and read a petition presented by residents of Busch 17 Terrace Subdivision living within 300' of the Blue Onion Lounge asking the City - Council to deny the On Premise Beer and Wine License which has been applied for by L. Herrera and Son, Rudolph Herrera. The petition stated that this is primarily a residential subdivision and the residents have been subjected to a great display of vulgarity during the evening and night hours by a previous operator. Based on the obscene manner in which the previous business was operated, the residents asked that no license be issued. Councilman Stasney moved to accept the petition. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Following the vote, the City Attorney reviewed the provision set forth in the Code of Ordinances which permits persons living or doing business within 300' of an address for which an On Premise Beer application has been received, to file object - tions with the City Council. If as many as five persons are found to live within the 300' the Council must hold a public hearing to decide whether or not such a license should be granted. The Council's action is advisory only to the County Judge and Liquor Control Board and is not binding upon either. The purpose of this meeting is to allow those who are opposing the application to be heard before the City Council as well as those who have filed an application for the permit. Augustin Bazo was spokesman for the group opposing the issuance of a permit, told the Council of the aggravated nuisance and vulgarity which prevaled during the operation by the previous operator. The area is primarily a residential neighborhood with many teenagers: The new operator has torn down the old building and plans to rebuild facing Airhart Drive. Councilman Cannon moved to recommend disapproval of the application based upon the report of the abutting homeowners relating to the aggravated nuisance and vulgarity with verification from members of the Baytown Police Department. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Bids - Paving Summer Street Program - Part One City Manager Voelkel reported that two bids were received prior to the time set for the opening, and one three minutes past the time for construction of the first phas§ of the 1969 Street Improvement Program for the City. Representatives of th e 4680 Minutes, July 24, 1969 two firms which submitted bids prior to the opening time were present and one was agreeable to acceptance of the bid but the second one was not. The bids were not opened but referred to the City Council for its decision after hearing an opinion from the City Attorney for guidance as to which bids are to be qualified. City Attorney Laughlin stated there was no legal reason why the third bid could not be accepted even thought it was delivered after the time set for the opening. However, he stressed the importance of opening the bids immediately after the time set for the acceptance of bids to avoid this type problem. No bids had been opened at the time of the arrival of the third bidder. Councilman Stasney moved to declare all bids legal and proper bids. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The bids were opened and the tabulation follows: Skrla, Inc. 90 working days Warren Brothers 100 working days Brown & Root, Inc. 150 working days $ 107,227.20 $ 104,265.60 $ 111,235.00 City Manager Voelkel recommended that the Council award the contract contingent upon the Director of Public Works being able to check the bids to verify the totals to determine if the bid is in order. Councilman Stasney moved to accept the bid and award the contract to the apparent low bidder, Warren Brothers, subject to the stipulations as outlined by the City Manager. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Winegartner - Baytown Housing Authority - Resolution Approval Operate Under Section 23 Mr. Ed Winegartner, a member of the Baytown Housing Authority Commission, appeared before the Council to request its approval for the Housing Authority Board to operate under Section 23 of the Public Housing Law of 1937. Under this section the Housing Authority would be able to lease privately owned accomodations and rent them to qualified low income families. In his presentation, Mr. Winegartner mentioned that the Baytown Housing Authority and the Baytown Interfaith Corporation were extremely interested in securing housing for low income families in Baytown. Should the Council approve this request, the Housing Authority would lease housing in private accomodations from private property owners in Baytown and sublet these housing units to eligible tenants. Mr. Winegartner reviewed the law and its purpose at length with a show of slides to accentuate the need for additional low rent housing in Baytown. He gave a report showing that over 450 qualified applications for low rent housing are now on file with the Housing Authority and of these applicants, 10% have an annual income of $3,000.00 or less. He stressed the need for 1,290 additional units to meet the present need in Baytown. Following his presentation questions were asked by members of the Council for matters of clarification. Also, Travis Porter, representing the Baytown Interfaith Corporation, informed the Council that his group endorsed the re- quest of the Housing Authority to operate under Section 23 of the Housing Law. Council- man Hullum expressed his concern for doing something for the home owner who is in the low income bracket and needs to upgrade his home. Councilman Stasney moved to adopt a resolution approving the request of the Housing Authority of Baytown to operate under the provisions of Section 23 of the Housing Act of 1937. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Hullum The caption of the Resolution follows: �— Resolution No. 266 RESOLUTION APPROVING APPLICATION OF THE PROVISIONS OF SECTION 23 OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, TO LOCALITY Ordinance No. 982 - Accepting Improvement Bowie School Parksite - Lindsey Construction Councilman Kelley moved to adopt an ordinance approving and accepting the work and improvements performed by Lindsey Construction Company in the Park- Playground adjacent to Bowie Elementary School and authorizing final payment to the Construction Company in the amount of $8,389.70. Councilman Cannon seconded the motion. The vote follows: Minutes, July 24, 1969 Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the Ordinance follows: ORDINANCE. NO. 982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AP- PROVING AND ACCEPTING CERTAIN IMPROVEMENTS MADE BY LINDSEY CONSTRUCTION COMPANY AT THE CITY - SCHOOL PARK - PLAYGROUND; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING FINAL PAYMENT TO THE SAID LINDSEY CON- STRUCTION COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Accepting Work - Southern Landscaping Company 4681 Councilman Stasney moved to adopt an ordinance approving and accepting the landscaping improvements under contract with Southern Landscaping Company, Inc., at the Civic Center and approving final payment to the Company in the amount of $7,452.92. Councilman Cannon seconded the motion. The vote follows: l Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND ACCEPTING CERTAIN LANDSCAPING IMPROVEMENTS MADE BY SOUTHERN LANDSCAPING, INC. AT THE CIVIC CENTER. FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT: ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING FINAL PAYMENT TO THE SAID SOUTHERN LANDSCAPING, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Bids - Feeding of Prisoners Two bids were received on the advertisement for beeding of prisoners confined within the city jail for the period of one year. They are tabulated as follows: West Main Cafe 5,000 - 6,000 meals Holly Inn Restaurant 5,000 - 6,000 meals $0.55 per meal $0.60 per meal It was the recommendation of the Administration that the low bid be accepted. Councilman Kelley moved to accept the low bid of West Main Cafe for the feeding of prisoners. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None It was the recommendation of the Administration that the contract be awarded to the low bidder, Gulf States Paint Company. Councilman Cannon moved to award the con- tract to the low bidder, Calf Stfttes_ P4j nt Company in the Amount of $2,380.00. Bids - White and Yellow Traffic Paint Three bids and on No Bid were received on the advertisement for furishing yellow and white traffic paint for a one year period. The tabulation follows: Gulf States Paint Company 600 Gal. Yellow $2.54 per gal $1,524.00 400 Gal. White 1.96 per gal 784.00 $2,308.00 Glidden - Durkee Division 600 Gal. Yellow $3.20 per gal $1,920.00 400 Gal. White 2.65 per gal 1,060.00 $2,980.00 Industrial Traffic Marking 600 Gal. Yellow $3.59 per gal $2,154.00 .Paint - Cook Paint 400 Gal White 3.31 per gal 1,324.00 $3,478.00 It was the recommendation of the Administration that the contract be awarded to the low bidder, Gulf States Paint Company. Councilman Cannon moved to award the con- tract to the low bidder, Calf Stfttes_ P4j nt Company in the Amount of $2,380.00. 4682 Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Renew Contract - BMA Hospitalization - City Employees Councilman Stasney, reporting for the Committee appointed to study the City's Hospitalization with Business Men's Assurance, stated that he and Councilman Evans had met with representatives of the Company at length and were of the opinion that the extension of the contract should be approved, as well as the increase in the premiums. He concluded his report with a motion to accept the contract of the Business Men's Assurance Company of America for an additional fourteen (14) months. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The Council discussed the additional cost of the employee's hospitalization premium. Councilman Stasney then made a motion that the City absorb the difference in premium cost for the employee only. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Joint Meeting Scheduled - Highlands Incorporation Proponents - Baytown City Council The Council set the date of Monday, July 28th, 7:30 p.m. for a joint meeting with members of the City Council and proponents of an election for the purpose of incorporating Highlands. This decision was made after James Ezell, Jr. appeared before the Council and asked the Council to take some definite action upon the re- quest for an incorporation election which was filed with them on May 22, 1969. Since Highlands is within the extraterritorial boundaries of Baytown, details of an agree- ment must be approved by both parties to permit the incorporation election and to recognize Baytown's complete extraterritorial jurisdiction in all other areas not included in the incorporation of this proposed city. Reject Offer Telephone Company Increase Baytown Calling Capacity . . Councilman Kelley, Chairman of the Utility Committee, reported the offer of General Telephone to increase local calling to include Tiers 2 and 3 with an increase in telephone rates for one -party residential from $7.75 to $9.35 and one -party business from $19.00 to $23.00 monthly. After extensive study by the Committee, - it was the agreed opinion that the vast majority of the people of Baytown could not benefit from the program to increase the local calling capacity. He completed his report with a motion that the offer be rejected. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Dave Tracht - Authorization to Advertise Bids - Parks - Playground - Travis Elementary Dave Tracht, Vice - Chariman of the Parks & Recreation Board, appeared before the Council to request authorization to go out for bids for playground equipment and im- provement of the Travis Elementary School site. Bidding on the site will be divided into six parts, namely: Tennis Court, basketball court, concrete walks, pre - school areas, soft ball diamond and parking area. Concrete type table and chairs will be placed throughout the wooded area for picnic purposes. Councilman Hullum moved to authorize the advertising for bids for playground equipment and improvements at Travis Elementary School. Councilman Kelley seconded the motion. The vote follows.: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Minutes, July 24, 1969 Approve - Change Order No. 1 - Whitelak, Inc. 4683 Due to the recent announcement of Humble Company relating to the Rolling Brook Project, City Manager Voelkel asked for Council authorization to enter into an agreement with Whitelak, Inc., Contractor for construction of arterial water mains, for an increase in the amount of $1,555.00 which would provide three valves and boxes and stub outs at various locations on Decker Drive to provide service connections for the proposed development. This expense would be reim- bursed by the developer and would be identified in the contract as Change Order No. 1. Councilman Kelley moved to authorize the Change Order No. 1 in the amount of $1,555.00. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Remove Advertising Benches - City Right of way City Attorney Laughlin reported that he has contacted a representative of the Public Service Distributors and notified him that several of the advertising benches awned by his firm are occupying city rights of way and must be moved. A representative of the Company will be in Baytown Friday, July 25th. Mr. Laughlin asked the Chief of Police to have someone from the Department go with the repre- sentative and point out the ones that are on the rights of way so that the problem may be resolved. Proposed - Creation of Annual Public Service Award Mayor Walker introduced and read a resolution which proposed to create the Annual Public Service Award to be granted annually to the public servant who has contributed most during the year to the welfare of Baytown and its citizens. The purpose of the award was broken down in three parts, (1) to encourage participation in community affairs by outstanding citizens; (2) to bring honor to citizens who unselfishly give of their time and efforts for the benefit of Baytown; and (3) to act politically in a non- partisan manner for the benefit of Baytown. Details of rthe award will be handled by a five man committee appointed by the Mayor and approved by the Council. Councilman Stasney pointed out several objectionable stipulations and it was agreed to defer further discussion until the Council has had time to make a thorough study of the proposed resolution. Adjourn 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. ATTEST: e 1 Edna Oliver, City Clerk r