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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 OP