1971 07 06 CC Minutes5034
6
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF BAYTOWN
July 6, 1971
The City Council of the City of Baytown, Texas met in regular session
on Tuesday, July 6, 1971 at 6:30 p.m., in the Council Room of the Baytown
City Hall with the following members in attendance:
Ted Kloesel
Charley O.'Walker
Jody Lander
Leonard Stasney
Jim McWilliams
C. Glen Walker
D. R. Voelkel
Kenneth DeHart
Edna Oliver
Absent: Allen Cannon
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Acting City Attorney
City Clerk
Councilman
The Mayor called the meeting to order and the Invocation was offered by
The Reverend R. B. Moody of Thompson Methodist Chapel. He then called for the
minutes of the regular meeting on June 15th and special meeting on June 29th.
Councilman Walker moved to approve the minutes of the June 15th meeting as
submitted in written form. Councilman McWilliams seconded the motion. The
vote follows:
Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
Councilman Lander moved to approve the minutes of the June 29th meeting
as submitted in written form. Councilman McWilliams seconded the motion.
The vote follows:
Ayes: Councilmen Kloesel, Walker,Stasney and McWilliams
Mayor Walker
Nays: None
Consideration First Reading Annexing Whispering Pines Subdivision
Robert Gillette, local attorney representing Daniel Savell developer of
Whispering Pines subdivision, appeared before the Council in support of the
request of Mr. Savell for the City to annex the 81 acre proposed development
which lies outside but adjacent to the city limits, and within the territorial
jurisdi.ction of the City. He gave a brief resume of the background of the
development, its location adjacent to Cedar Bayou and Cary's Bayou, his meetings
with the Harris County Flood Control District; the District's requirements
for dedications of 150 feet along Cedar Bayou, 125 feet along a drainage ditch
within the proposed development and 30 feet along Carys' Bayou. The Baytown
Planning Commission has omitted the 150 feet on Cedar Bayou, but has required
30 feet on Carys' Bayou and the ditch in the middle of the track be limited
to whatever the City Engineer recommended which is possible 80 feet, all of
which are agreeable to the developer. The developer is not arguing with the
HCFCD as to the necessity of the easement requirements, but he thinks that
such excessive easements should be purchased by the District. Upon questioning,
Ross Wilhite, City Planner, stated that he would recommend that the annexation
ordinance be read, on first reading. Meanwhile, he 'and City Engineer Jack
Morton will continue negotiations with HCFCD as they have been doing. He is
of the opinion that there is a possibility of lowering the District's first
requirements. He agreed that negotiations should continue until some firm
level has been reached as the City will have continuous dealings with the District
for present and future needs. The District is placing on this subdivision
their general requirements as they have made no in -depth study of the area.
Minutes, July 6, 1971 5035
Mr. Wilhite proposed to devote his staff's time to study in order to try to
work out something with HCFCD which will meet their need and permit Mr. Savell
to proceed with his development. If nothing can be worked out after his staff
completes its study and reports to the District personnel, the Council can
then defer second and final reading of the proposed annexation. Following some
further discussion, Councilman Kloesel moved to adopt an ordinance,on first
reading, annexing the proposed Whispering Pines Subdivision development.
Councilman Lander seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1104 -1
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS
OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY,
WHICH SAID 'TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS.
J. H. Cone - Country Club Civic Association - Deny Sewer Service Boise Cascade Apartments
J. H. Cone, President of the Country Club Civic Association, appeared before
the Council regarding the petition which was presented to the City - council
November, 1970 which requested the denial of any additional building permits
covering multi unit construction projects until totally adequate and permanent
sewage facilities are installed at the Craigmont Plant. He stated that the plant
is presently overloaded, new facilities will not be completed at the plant until
August 23rd, and he has been told that Project 236, Boise Cascade Apartments, is
complete and they are now accepting leases. Although the immediate housing will
be limited to forty (40) people, the effluent at the plant is now high, and there
is no way of treating the waste material until the new facilities are completed,
even though the Texas Water Quality Board did not grant permission for the limited
number to occupy the apartments prior to the completion of the additional enlargement
of Craigmont Plant. Mr. Cone pointed out that this could develop into serious health
problem. Councilman McWilliams favored no permitting any additional tie -ins to
the plant until the engargement is completed. Mr Cone requested that the Council
take action to not permit further tie -ins until we have adequate treating facilities,
which includes Project 236. Councilman McWilliams moved not to allow any additional
hook -ups to the Craigmont Plant until the movable plant is adequately in place and
operation, including Project 236. Councilman Kloesel seconded the motion. Following
some further discussion relating to the Boise Cascade Apartments, the East
District plant, the discriminatory motion -and other multiple relating factors,
Mayor Walker called for the vote:
Ayes: Councilmen Kloesel, McWilliams and Walker
Nays: Councilmen Lander and Stasney
Mayor Walker
Councilman McWilliams then.moved,to restrict all further connections to the
Craigmont Plant until the new mobile plant is installed. Councilman Kloesel seconded
the motion. City Engineer Morton-questioned the legality of the motion if contractors
have paid their sewer treatment capacity expansion fee of $50 -as required by Ordinance
No. 1052. The Acting City Attorney was asked to review the ordinance for an opinion
at this meeting it possible. After a lapse of time,,Mr. DeHart stated that based upon
not being familiar with all the acts of the Council, he would think that if there is
a compelling interest which the Council may determine that the overloading of the
Craigmont facility is, that the Council could deny for a limited basis in order
to bring the sewer system up to quality, the issuance of any further connections
into the system. Councilman Stasney moved to amend the motion to remove the word
Craigmont and insert the word "any plant" in the City of Baytown but was declared
dead for lack of a second. Following some further discussion, ithe question was called
and the vote follows:
Ayes: Councilmen Kloesel, McWilliams and Walker
Nays: Councilmen Lander and Stasney
Mayor Walker
o�
5036 Minutes, July 6, 1971
C. E. Moore - Proposed Improvements - Bayway Drive
C. E. Moore appeared before the Council to express his appreciation of the
help he has received relative to the improvements of Bayway Drive and to offer two
suggestions, namely: (1) to take Commissioner Bray's offer to furnish the labor
for county roads in the City of Baytown, if the City will furnish the material; and
(2) to look into the Harris County Drainage Program so that Bayway Drive can be
improved at no cost to the property owners along the County Road. Mayor Walker
assured Mr. Moore that the City Administration is exploring every avenue of
assistance and will make every attempt to utilize the maximum benefits of the 1
County in the proposed project.
Dick Moravek - Parks & Recreation Board Annual Report and Recommendations
Dick Moravek, representing the Parks & Recreation Board of Baytown, submitted
its annual report in accordance with Ordinance No. 885. The report presented
recommendations of the Board and a brief comment on major projects and activities.
The comments covered land acquisition, park development, federal grants, school -
park development, teen center and Goose Creek stream with commendations for the staff
of the P & R Department. The recommendations covered such items as clarification
relating to park bond monies and all federal grants, budget appropriations for capital
improvements at several park sites, additional personnel, require developers to set
aside a certain amount of land for future park sites and a routine method of
communication be established between the Planning Commission and the Parks Board.
As a matter of clarification on the first recommendation, Mr. Moravek stated that
the Parks Board felt that the intent of the bond program was to provide money for
land acquisition and park development and the money that is returned to the City
by the federal government as matching funds should also be used for park land
acquisition and development. Councilman Kloesel moved to receive the report of
the Parks and Recreation Board . Councilman Stasney seconded the motion.
The vote follows:
Ayes: Councilman Kloesel, Walker, Lander, Stasney and McWilliams
Nays: None 7
Councilman Kloesel then moved to accept the recommendation of the Parks
Board and Cimmit for park acquisition, development and /or improvement all park
bond monies and all federal grants received under the park and open space
programs. Councilman Walker seconded the motion. City Manager Voc:lkel stated
that the legal department may say that bond and federal monies must be spent on
parks, but when you near the completion of the Fourth Phase of such a bond program,
certain portions of it do not have any source of matching funds and if the
estimates are incorrect, the City is obligated to the voters to build the facilities.
If legal, the federal funds would then be a source to supplement other vital parts
of the bond program. Councilman Stasney also opposed restricting the use of the
money that may be needed for perimeter roads in Brownwood or the new police building.
Following some further discussion, Councilman Walker withdrew his second to the
original motion. Mayor Walker then asked for a second. Councilman McWilliams
asked for a recommendation from the City Manager who stated that he felt the Council
would be premature in making a decision at this time as it may be -a moot question
because funds may be available at the end of the phase program to complete all
projects. Mayor Walker declared the motion dead for lack of a second and the
discussion ended.
Proposal Elementary School Sidewalk Cooperative Program
City Manager Voelkel gave a brief resume on the end result of meetings with
school principals relating to needs for sidewalks at elementary schools. The
total estimated contract cost for sidewalks at San Jacinto, James Bowie, Travis,
Pumphi�dy and Alamo schools is $7,000.00 and the school administration is agreeable
to sharing one -half the cost of the sidewalks which will be within public streets
and abutting school property. It was the recommendation of the City Manager that
the Council authorize the expenditure of $3,500.00 from General Fund Account
301 -4 -9 for participating with the schools in this program. Councilman Stasney
moved to authorize the expenditure of $3,500.00 to match the School District's
$3,500.00 from General fund Account 301 -4-8. Councilman Lander seconded the motion.
6 %
Minutes, July 6, 1971 5037
The vote follows:
Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
Resolution No. 342 - Federal Funds Raccoon Drive Park Property
Councilman Kloesel moved to adopt a resolution to enter into contract with
Federal government in order to qualify for a grant for Raccoon Drive park property.
Councilman Stasney seconded the motion. the vote follows:
Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 342
A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
APPROVING AND PROVIDING FOR EXECUTION OF THE PROPOSED FIRST
AMENDATORY CONTRACT AMENDING CONTRACT FOR OPEN -SPACE PURPOSES
BETWEEN THE CITY OF BAYTOWN AND THE UNITED STATES OF AMERICA.
Fasolution - Mayor Walker Sign Documents Environmental Protection Agency
Councilman McWilliams moved to adopt a resolution authorizing Mayor Walker
and his successor to sign all documents required by the Environmental Protection
Agency. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilman Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 343
A RESOLUTION FOR THE BENEFIT OF THE ENVIRONMENTAL PROTECTION AGENCY
SUBSTITUTING THE SIGNATORY ON BEHALF OF THE CITY OF BAYTOWN; AND
AUTHORIZING C. GLEN WALKER TO ACT AS THE PRESENT SIGNATORY FOR THE
GRANTS NOW MONITORED BY THE ENVIRONMENTAL PROTECTION AGENCY
Consideration Bids - Winch - Fifth Wheel Truck Body - Janitorial Service -
Diazo Print Machine
At the June 15th meeting, bids on the winch and fifth wheel truck body were
deferred to allow a re- evaluation of the bids. This was done and the Administration
at this meeting recommended that the contract be awarded to the low bidder, Childs
Truck Equipment, in the amount of $3,198.00. Councilman Stasney moved that the
contract for the fifth wheel and truck body be awarded to Childs Truck Equipment.
Councilman McWilliams seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
7
Bids for janitorial service
for
one year for
City Hall
and Community Center
were received and tabulated
as follows:
Oxford Bldg Bar. Inc.
City
Hall
$6,402.24
Comm Bldg
$7,943.52
Tot:
$14,345.76
Bonded Maintenance Cc
City.Hall
$7,280.26
Comm: Bldg
$9,657.00
Tot:
$16,937.28
Bayshore Bldg Main. Bar.
City
Hall
$6,120.00
Comm Bldg
$8,844.00
Tot:
$14,964.00
White Glove Bldg Maint.
City
Hall
$7,392.00
Comm Bldg
$7,488.00
Tot:
$14,880.00
Baytown Bldg. Maint.
City
Hall
$6,000.00
Comm Bldg
$10,500.00
Tot:
$16,500.00
Texas Industrial Maint.
City
Hall
$5,196.00
Comm Bldg
$10,284.00
Tot:
$15,480.00
The Cone Co., Inc.
City
Hall
$7,504.80
Comm Bldg
$11,023.20
Tot:
$18,528.00
7
5038
Following some discussion, Councilman Lander moved to award the contract
to the Bayshore Building Maintenance Service. Councilman Kloesel seconded the
motion. The vote follows:
Ayes. Councilmen Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
Bids on a Diazo printer
were tabulated as
follows:
Eugene Dietzgen Company
_Sword #4340 -3000
Tot.
Bid, less
trade -in
$2,300.00
Del.
30 days
L. L. Ridgeway Enterprises- Copymation Sword Tot
Bid, less
trade -in
.$2,185.00
Del.
30 days, Plus
$200.00
for stand
City Repro Graphics
GAF Streamlines
Tot.
Bid,less
trade -in
$2,356.35
Del.
21 days
Charles Bruning Co.
Revolute 720
Tot
Bid, less
trade -in
$2,498.00
Del.
30 -45 days
Councilman Kloesel moved to award the contract to low bidder, Eugene Dietzgen
Company, for $2,300.00. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
Ordinance - Approving Paving Improvements Beaumont Street Authorizing Final Payment
Councilman Walker moved to adopt an ordinance approving and accepting the
paving improvements on Beaumont Street, from the north property line of Fortune Drive
to 30' north of the north line of Largo Street, as contracted with Brown & Root, Inc.
and authorized final payment to be made to the said contractor. Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Councilman Kloesel, Walker, Lander, Stasney and McWilliams
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1105
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND
ACCEPTING PAVING IMPROVEMENTS ON BEAUMONT STREET COVERED BY A 1970
STREET IMPROVEMENT CONTRACT MADE BY BROWN & ROOT, INC.; FINDING THAT
THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;
ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING
THE FINAL PAYMENT TO THE SAID BROWN & ROOT, INC., AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Report - City Manager Cost to Developer Aylor Improvement Beaumont Street
City Manager Voelkel gave a report on the cost of improvement, levied against
the developer, Joe Aylor, for the Beaumont Street extension requested by the
developer at the June 15th meeting. In keeping with the current paving participation
policy, the total cost to the developer was $15,615.86 and broken down as I�
$14,615.86 for the paving improvements and $1,000.00 for engineering,fees,
The assessment was based on the appraisal analysis of James W. Fonteno, Appraiser.
Council Appointee to the Wrecker Administrative Committee
Mayor Walker named Councilman Jody Lander as Chairman of the Wrecker
Administrative Committee.
T (.
5039
Reconsider - Request Country Club Civic Association - Deny Tie -ins Craigmont Plant
Councilman Lander expressed concern about the sewage treatment facilities
and suggesttd that the Administration prepare a time table, a critical path
diagram, showing what needs to be done, the tentative dates on it, so that the
City will not find itself in the same position a year hence as the Council now
faces with the Craigmont plant. Mr. Voelkel stated that the had talked with
A. J. Busch, consulting engineer, and he is preparing a time schedule on the
engineering portions and when this is received the Administration will prepare
its portion. With that in mind, Councilman Kloesel moved that no additional
tie -ins, that have not received permits and paid their $50 tie -in fee, be
allowed until the facilities are completed. Councilman Walker seconded the
motion. The vote follows:
Ayes: Councilmen Kloesel, Walker and McWilliams
Mayor Walker
Nays: Councilmen Stasney and Lander
Approve - Extension Water Line Wallace Gray Service Station Decker Drive
Councilman Walker moved to approve the expenditure of the first 100 feet
of water line extension to service the Wallace Gray Service Station on Decker
Drive; Mr. Gray to pay for balance of extension plus the installation of a sanitary
sewer service line. Councilman Stasney seconded the motion. The vote follows:
Ayes; Councilman Kloesel, Lander, Stasney, Walker and McWilliams
Mayor Walker
Nays: None
Adjourn
There being no further business to come before the Council, the motion
was made by Councilman Kloesel and seconded by Councilman Walker that the meeting
adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned.
Edna Oliver, City Clerk
r
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