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1969 11 20 CC MinutesI r MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 20, 1969 The City Council of the City of Baytown, Texas, met in regular session on Thursday, November 20, 1969 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted L. Kloesel David Evans * Leonard W. Stasney Allen Cannon ** Lamar Kelley C. Glen Walker D. R. Voelkel W. R. Laughlin Edna Oliver Absent Don H. Hullum Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney City Clerk Councilman 4728 The meeting was called to order by Mayor Walker, with the Invocation being said by the Reverend Ed Weatherly, Pastor of the Garth Road Baptist Church. Hearing - Proposed Annexation of Strip - West Chambers County Mayor Walker opened the public hearing upon the proposed annexation of a two -mile strip along FM Road 1905 in West Chambers County which had been previously called by the City Council for this date and time. He asked if anyone in the audience wished to be heard relative to the proposed annexation. Dave Moore, Manager of the Baytown Cham- ber of Commerce, appeared on behalf of the Traffic and Freight Rates Study Committee of the Chamber of Commerce to urge the adoption of an ordinance which would annex the proposed two -mile strip. He pointed out in order for industry, which will be located in the proposed industrial complex in Chambers County, to be able to compete with in- dustry in Harris County it must be provided with favorable freight rates and such an annexation would provide this service by extending the rates presently levied in the Houston Commercial Zone of which Baytown is a part. After hearing Mr. Moore, Mayor Walker asked if others in the audience wanted to be heard. No one asked to be recog- nized. Councilman Kelley then moved that the hearing be closed. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, and Kelley Mayor Walker Nays: Councilman Cannon * Councilman Stasney arrives at meeting. Representative - Brownwood Civic Association A group of citizens from Brownwood Subdivision appeared before the Council seeking solutions to the flooding problem because of the sinkage of the bay area. It was pointed out that flooding conditions, from high tides have been almost as great in 1969 as was suffered by the property owners during the hurricane Carla. Despite the promises of State and Federal officials and representatives, the approval and completed filed Federal Flood Insurance application by the City Council and the City Administration, the homeowners of Brownwood Subdivision have not obtained Federal Flood Insurance. The Council was requested to aid in the expediting of the application if at all passible. Mayor Walker gave a. status report on the application which he had received at a recent meeting in San Antonio, and proposed that a resolution be adopted by the Council ex- pressing the urgency of obtaining Federal Flood Insurance for the Brownwood area. Copies of this action could be forwarded to State office. Councilman Kelley moved to adopt a resolution setting forth the urgent need for flood insurance because of the sinking of the bay area and urging immediate action upon the application filed by the City of Baytown for the residents of Brownwood Addition. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Councilman Kloesel asked that the City Manager and City Planner and, if necessary, the City Attorney follow the filing of the resolution by telephone contact with the State office. This may assist in the expediting of the City's application. 4729 Minutes, November 20, 1969 Thad Fennema stressed the need of a land base levee as a stop gap measure until Federal funds are made available for a feasibility study. If the governmental agencies and industries continue to pump water out of the ground all of Baytown will continue to sink. L. P. Lux suggested meetings with the City Engineer and a Committee from the Brownwood area until some of the problems presently existing in Brownwood can be resolved, such as maintenance of streets, cleaning of ditches, proper and adequate drainage, etc. Jack Carter offered to do whatever he could in working with the City on the drainage problem and enumerated several factual experiences regarding the influx of water over the past several years. J. C. Beardsmore enumerated the heavy expenditures he had experienced since purchasing property in Brownwood six years ago; others to be heard gave similar expenditure reports and each concluded with a request for some action by the City Council which would definitely give assistance to residents of the area by alleviating some of the problems which were enumerated. Councilman Evans stated that he joined with the delegation that the residents of the area had received a tremendous amount of lip service from this and other City Councils, Senator Yarborough, Governor Preston Smith, Bob Eckhardt, and others. Even though it was stated at this meeting that the problems enumerated were local in nature, he was of.the opinion that Baytown did not have the resources to fi- nance such a major project. The Federal government is the only agency that has the funds to do something about the problem. As long as the Council continues to pass resolutions and send through the mail, make a few telephone calls, the problem will remain as is. Until someone from this concerned body meets with Federal representatives of the Housing and Urban Development for a conference to give information to the agency and to gain information for concerned Baytonians, nothing will happen for Brownwood and Baytown as far as the subsidence and flooding problems are concerned. Councilman Kelley pointed out that the Council is planning upon Baytown going to surface water, even though the change will be expensive and of a long range nature. Humble Oil & Re- fining Company is making similar plans and by so doing other industries may be persuaded to go the same route since much concern is evident because of subsidence. He also endorsed the land base levee project, funds for which will be included in a bond issue proposed for the early part of 1970. Mrs. Bertha Kirkpatrick offered a right of way easement through her property abutting the bay area to be used as a drain or for the installation of a pump station when that drainage project is started in the area. Following a lengthy discussion, it was agreed that the Council will work in the di- rection of sending a Committee or delegation to Washington for personal consultation with our Congressmen and Senators relative to the need for funds to conduct a feasi- bility study of the bay area, easpecially Brownwood. 17 Request - Wacheca Campers Club Overnight Camping Facilities Messrs. Fulton and Boatright, representing the Wacheca Campers Club of Baytown, asked the Council to consider providing overnight camping facilities for trailers passing through Baytown, or possibly locating for a week in the area so daily trips can be made to places of interest outside of Baytown. Presently there are no such facilities either in Baytown or adjacent areas. They asked for 6 or 8 parking lo- cations, preferably in an area that will be patroled by the Police. The Council agreed that the suggestion for such facilities was an excellent idea and after talking about a study committee, Councilman Cannon moved to refer this request to the Planning Director, Ross Wilhite with the assistance of Wayne Gray, Chairman of the Parks & Recreation Board plus Fulton and Boatright of the Wacheca Campers Club. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Approve Suspension Work Job No. 151 -4 - Arterial Water Main Along 201 Loop City Manager Voelkel reviewed the recommendation of Turner, Collie & Braden, Inc.,. Consulting Engineers for Contract No. 2 Arterial Water Mains under the Bond Improve- ment Program, that the Contractor, Whitelak, Inc., be paid for work completed and all but $100.00 of retainage be released because right -of -way along State Highway 201 has not been established. The Contractor has completed 95% of the work on the pro- ject to date. The contract will remain in effect and Whitelak, Inc., has agreed to complete the project at the existing established unit prices providing the right -of- way becomes.available within a ninety (90) day period from November 1, 1969. In the meantime other possible alternate solutions to this easement problem are being in- vestigated. Should a solution not be found prior to the ninety (90) day period, the City will ask for a further estension of the present contract. Councilman Stasney moved to approve the recommendation of the Engineers to suspend the work for a period of ninety (90) days and to pay the Contractor for work and materials delivered with the exception of a retainage of $100.00. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Minutes, November 20, 1969 Minutes approved 4 730 One correction was made to the minutes of November 6. Councilman Kloesel was added to the Annexation Committee roster. With this correction, Councilman Kelley moved to approve the minutes as amended. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays; None Ordinance - Approving and Accepting Improvement Ward Road Storm Sewers Councilman Stasney moved to adopt an ordinance approving and accepting the in- stallation of storm sewers on Ward Road from Highway 146 to Kilgore Road and approving the final payment of $14,966.00 to the contractor, Bayshore Constructors, Inc. Council- man Kloesel seconded the motion. In the discussion following the motion, Councilman Stasney moved an amendment to the ordinance to provide that the drainage project be paid out of the 1965 Drainage Bond Fund if possible and within the intent of the ap- proved Bond Issue. Councilman Kloesel seconded the motion. Following some discussion for clarification purposes, Mayor Walker called for the vote on the amendment. The results follow: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None Mayor Walker then called for the vote on the original motion as amended. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND ACCEPTING CERTAIN IMPROVEMENTS ON WARD ROAD FROM HIGHWAY 146 TO KILGORE ROAD MADE BY BAYSHORE CONSTRUCTORS, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHOR- IZING THE FINAL PAYMENT TO THE SAID BAYSHORE CONTRUCTORS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Traffic Committee - Alternate Truck Route Requested Humble Company Councilman Cannon, Chairman of the Council's Traffic Committee, reviewed the re- quest of Humble Oil & Refining Company to designate Lynchburkj- Dayton and Harbor Streets as an alternate truck route as a means of relieving traffic congestion at the intersection of Airhart Drive and West Main. The Traffic Committee asked Humble Company to participate in the costs of improving the streets involved on the alternate truck route, however, the City would bear the costs of any and all drainage involved in the proposed improvements. These streets were included in a proposal for improve- ment earlier under the 1969 Street Improvement Program at a cost of $13,189.15. However, due to lack of funds, the streets were deleted from the list for 1969. In considering the request of Humble Company, the Committee proposed that Humble parti- cipate in the amount of $4,500.00. This is approximately one -half the cost of the improvements as estimated, not including drainage items. Councilman Cannon proposed that the City's share of the proposed improvements be taken from the current Street Improvement budgeted funds. He concluded his report with a motion that the Council approve the improvement of Lynchburg - Dayton and Harbor Streets, as proposed with Humble Company paying $4,500.00 as its pro rata share of the street improvement pro- ject, and the City's share of the costs be taken from the current Street Improvement Budgeted funds. Councilman Evans seconded the motion. Councilman Kloesel objected to the proposal because he felt that it was being done - primarily for Humble Company. Other members of the Council stated they felt it was for correction of a traffic - problem. The Council also discussed who would do the work and agreed to leave the decision to the Administration - by City forces or by Contract if improvement can be added to an existing improvement project. The Mayor called for the vote: Ayes: Councilmen Evans, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel 4731 Minutes, November 20, 1969 Councilman Cannon also reported that he has discussed the existing hazardous consition existing at the intersection of Highway 146 (Spur 201) and Missouri Street with State Engineers. It is hoped that he will soon have a remedial proposal to re- port to the Council. ** Councilman Kelley excused from meeting. Bids - Improvement Ward Road - Highway 146 to Kilgore Three bids were received on the proposed improvement of Ward Road from Highway 146 to Kilgore Road. They are tabulated as follows: Warren Brothers $290,851.45 160 days Brown & Root, Inc. $284,406.00 150 days L. V. Allen & Son $321,675.75 200 days Mr. Busch, Engineer for the job, reported that the bids were above the esti- mates but contributed this mostly to increasing costs of material, equipment and labor plus the fact that this is an assessment paving project. The bids were com- petitive and he was of the opinion that the City would not receive lower bids should it readvertise under the same circumstances, and recommended awarding the contract to the low bidder, Warren Brothers. The unit price used on the hauling was quarter haul which consists of hauling one cubit of dirt for one quarter mile at $1.40 per cubit yard. There is approximately 23,000 cubit yards of surplus excavation on the project, which to haul out to Crow Road or other streets in Brownwood addition would cost the City about $32,000. The bid provided for dirt to be loaded on the City trucks by contractor should the City decide to haul the dirt. Following some further discussion, Councilman Kloesel moved to postpone action upon the bids until the next regular meeting to allow the Administration time to determine where funds will come from to do the project. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Cannon Mayor Walker Nays: None Stasney - Committee Report 11 Councilman Stasney gave a report of a recent meeting of the Houston- Galveston Area Council where he learned that HUD has excessive Park funds. A new policy will be instituted January 1, 1970 in which a City will only need to ask by simple letter to reserve money for Park sites. The Federal government will comply with this re- quest in seven days. He suggested rapid planning in order to be prepared to make such an application to HUD shortly after January let. Administration Arrange Delegation to Washington Councilman Evans moved to instruct the Administration to make arrangements for a delegation to Washington to present the plight of the Brownwood area of Baytown to the Washington Government officials. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Stasney, And Cannon Mayor Walker Nays: Councilman Kloesel 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. Gld. alker, MayFfr � y AT T: Edna Oliver, City Clerk AFFRD1tD I William R. Laughlin, City Atto ey