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1972 02 15 CC Minutes5165 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 15, 1972 The City Council of the City of Baytown, Texas, met in regular session on Tuesday, February 15, 1972, at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Jody Lander Leonard Stasney Ted Kloesel Jim McWilliams C. O. Walker Allen Cannon Councilman Councilman Councilman Councilman Councilman Councilman C. Glen Walker Mayor J. B. LeFevre Acting City Manager Neel Richardson City Attorney Edna Oliver City Clerk Absent: Howard Northcutt Administnative Assistant the Mayor called the meeting to order and the Invocation was offered by Mr. Jack Morton. He then called for the minutes of the regular meeting on February 1, 1972. Councilman Cannon noted two corrections: the spelling of Paul Storck, and that the railroad was requested to signalize three crossings at its expense. Councilman Kloesel moved to approve the minutes as corrected. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None, Brownwood Civic Association - Perimeter Streets Mr. Travis Porter, President of the Brownwood Civic Association requested a work session with Council to discuss perimeter roads, the levee, and their meeting with officials of HUD. Mr. Johnny Busch was asked to give a status report on the perimeter roads. He stated that preliminary studies & alterations had been presented to Council, but the money in the bcndprogram was not adequate. It was noted the problem encountered in acquiring land for fill dirt has been solved, and a title to the property forthcoming. Discussion followed concerning proceeding with the perimeter roads and deferring installation of the pumps because of lack of money. A gravity flow device, or tide gate, could be installed until money is allowed for the pump station. Mr. Busch called attention to a hazard that could result from this: a high tide occurring simultaneously with heavy rainfall would cause flooding within the enclosed area. He stated the plans & specifications could be completed in 30 days, and construction of the roads completed by September. The roads will be built up to 7 feet with no additional right -of -way required, and $50,000.00 estimated cost for-rebuilding driveway entrances. The Mayor interrupted discussion, in compliance with the law, because of a public hearing set for 7:00 olclock p.m. Public Hearing - Annexation 30 -acre Harper Tract Mayor Walker called the hearing to order and asked if anyone wanted to be heard regarding annexation of the 30 -acre Harper Tract, near Sterling High School, for a park site. Mr. Charles Vogel asked what people would benefit from the annexation and the park site, and what the overall cost will be. Mr. Terry Dopson explained this will be a community park, to include an athletic complex, swimming pool, community recreation center, four tennis courts, parking areas, and playground equipment. The land being annnexed is already owned by the City. The 1970 BmO&Program provided $270,000 for acquisition and development of the athletic complex. Matching funds of $179,000 will be applied to the cost. Mr. Refurial Martinez asked Council to reconsider spending $270,000 on one park. No one else came forward to be heard, and the Mayor declared the public hearing closed. 5166 Minutes, Feb. 15, 1972 Resume Discussion - Brownwood Perimeter Roads Mr. Busch resumed his discussion of the perimeter streets by requesting a work session with Council, himself, and the Brownwood Civic Association. The meeting will be posted so the Council, if it chooses, may authorize Mr. Busch to proceed with the plans for Construction of the .- roads. Consider Ordinance - Vital Statistics Documents - Increase Fees Attorney Neel Richardson introduced a letter from the State Bureau of Vital Statistics explaining that their fees have been increased to $200, and read the caption of the proposed ordinance increasing the City's fee. Councilman Walker moved to adopt the ordinance. Councilman Kloesel seconded the motion. Discussion followed as to the need for the increase. Mrs. Oliver explained this was a need for consistency with the State, Justice of the Peace, and the County offices, to eliminate confusion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE• No. 1175 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTION 2-120 OF THE BAYTOWN CODE OF ORDINANCES BY THE ADDITION OF A SUBSECTION "E ", CERTIFIED COPIES OF BIRTH CERTIFICATES AND DEATH CERTIFICATES TWO DOLLARS ($2.00) EACH; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. First Reading - Annexation South Kolon Apartments, Phase II Attorney Neel Richardson read the caption of the proposed ordinance, annexing five acres of land adjacent to the South Kolon Apartments on Massey Tompkins Road. Councilman Walker moved to adopt the ordinance on first reading. Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1178 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. Award Bids - Three (3) Packer Type Garbage Bodies & Twelve (12) Misc. Truck Bodies The tabulation of bids received follows: j PACKER TYPE GARBAGE BODIES DESCRIPTION UNIT PRICE TOTAL PRICE _) (3) Hobbs Trailers Hobbs -pak $5,195.00 $15,585.00 HRL- 100 -20 Pak -Mor Mfg. Company Pak -Mor $5,400.00 $16,200.00 RL 2015 G8i ................ . Minutes, Feb. 15, 1972 5166-A Davis Truck & Equipment Co. Heil Mark III $5,390.00 $16,170.00 Gar Wood- Houston Gar Wood $5,675.00 $17,025.00 893.00 LP 720 R. B. Everett Leach Std. $6,173.00 $18,519.00 Packmaster 295.00 Don Cooke expressed the recommendation of the Administration to accept the third low bid of Davis Manufacturing Company because the Heil bodies have been found to be virtually maintenance free. The Heil's operation is simpler and faster, and he felt this would justify the $600 difference between the low bid, and the $132 difference of the second low bid. 2 DUMP & PLATFORM BODIES (12) QUANTITY DESCRIPTION UNIT PRICE TOTAL PRICE Hobbs Trailers 4 Section A $1,065.15 $ 4,260.60 2 B 1,025.00 2,050.00 365.00 5 C 1,425.00 7,125.00 1 D 335.00 335.00 R. B. Everett 4 No Bid $13,770.60 Truck & Pickup Equipment 4 958.79 3,835.16 No Bid 2 845.93 691.86 2,280.00 5 1,706.00 8,530.00 1 " 1 365.00 365.00 $14,422.02 SCI Childs Truck 4 913.00 3,652.00 2 893.00 1,786.00 5 1,943.00 9,715.00 1 295.00 295.00 $15,448.00 Gar Wood- Houston 4 " 1,070.00 4,280.00 2 910.00 1,820.00 5 2,175.00 10,875.00 1 365.00 365.00 $17,340.00 R. B. Everett 4 No Bid No Bid 2 No Bid No Bid 5 2,280.00 11,400.00 1 " NO Bid No Bid $11,400.00 The low bid of Hobbs Trailers was recommended for the twelve miscellaneous truck bodies. Councilman Lander moved to adopt the ordinances awarding the bids as recommended by the Administration. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None The captions of the ordinances follows: rORDINANCE NO. 1176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DAVIS TRUCK & EQUIPMENT COMPANY FOR THE PURCHASE OF THREE (3) PACKER TYPE GARBAGE BODIES AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SU M OF SIXTEEN THOUSAND ONE - HUNDRED SEVENTY DOLLARS ($16,170.00) AND NO 1100 WITH REGARD TO SUCH PURCHASE. SCI 5167 Minutes, Feb. 15, 1972 ORDINANCE NO. 1177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HOBBS TRAILORS FOR THE PURCHASE OF TWEEVE (12) MISCELLANEOUS TRUCK BODIES AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THIRTEEN THOUSAND SEVEN HUNDRED SEVENTY ($13,770.60) DOLLARS AND 60/100 WITH REGARD TO SUCH PURCHASE. Hear Report - Alternatives for Goose Creek Stream Mr. Wayne Gray of the Parks & Recreation Advisory Board, introduced Mr. Rex E. Der, Resource Development Consultants, to give the final report on the Goose Creek Stream Study. Mr. Der submitted a sritten report to Council containing conclusions and not recommendations. He stressed the importance of public awareness and interest in cleaning up thestream. After-general discussion of the report, Councilman Kloesel moved to accept the report as submitted. Councilman Walker seconded *e motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None Councilman Kloesel moved to refer the report to the Parks & Recreation Board for their recommendations as to what action should be taken. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None Consider Ordinance - Payment for Goose Creek Stream Study ' Councilman Walker moved to adopt the ordinance authorizing final payment to Mr. Rex Der for the Goose Creek Stream Study. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE STUDY OF GOOSE CREEK STREAM BY REX E. DER, RESOURCE DEVELOPMENT CONSULTANT, FINDING THAT THE STUDY IS ACCEPTABLE; AND AUTHORIZING THE FINAL PAYMENT TO THE SAID REX DER, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Parks & Recreation Department Annual Report Mr. Terry Dopson, Director of Parks & Recreation Department introduced the annual report with the following letter: "Mayor and City Council: This first annual report is presented to you for statistical purposes and is not to be construed as a replacement of the annual Parks and Recreation Advisory Board recommendations on facilities and policies. The City of Baytown Parks and Recreation Department has enjoyed a very successful year in athletics, community building participation, park maintenance, the closing of all properties for new park sites, and initial planning for the development of these new sites. Participation by Citizens reached a high that would be difficult to match in 1972. The enthusiastic interest and participation has been quite gratifying. It is hoped we will be able to continue expansion in quantity as well as quality in all phases of our work in 1972. ,71 A Minutes, February 15, 1972 5168 Our thanks are extended to you and the citizenry of Baytown for the support of our efforts to improve and to continue growth of Baytown's Parks and Recreation System. It is with great pleasure that I submit this report for the year 1971." Following a very lengthy question and answer period concerning the details of this report, Councilman McWilliams moved to accept the report. Councilman Walker seconded the motion. The Parks Board and Mr. Dopson was commended for the job they have been doing. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None A work session for Council & the Parks Board was set for Wednesday, February 23 at 5:OOpm Andrew Lannie - Extension water line across Highway 146 near Cedar Bayou Bridge Mr. Andrew Lannie, attorney, appeared representing property owners in the 4,000 block of Highway 146 requesting water line extensions. This property has been inside the City limits for approximately eight years, but are not presently hooked up to City water lines. The water line will have to be extended under the roadway approximately 120 feet, and will present an additional cost of boring. Discussion followed as to whether or not theCity should help pay for the cost of boring, in addition to paying for the first 100 -feet of water line as per City policy. Because the property owners are taxpayers, who do not enjoy City water or sewer service, Mr. Lannie asked the Council to help defray the cost of boring under the road. Councilman McWilliams moved that the City absorb the first 100 -feet of cost for a 6" water line run under the road, cost to include boring. Councilman Kloesel seconded the motion. After further discussion concerning City policy, Councilman Stasney moved to amend the motion to include payment of the road boring costs solely by the residents. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Stasney and Cannon Nays: Councilmen Kloesel, McWilliams and Walker Mayor Walker Abstained: Councilman Lander The vote on the original motion follows: Ayes: Councilmen Lander, Kloesel, McWilliams and WA]ker Mayor Walker Nays: Councilmen Stasney and Cannon Mayor Walker requested Councilman Lander research the City policy for water line extension, and clarify the policy by putting it in ordinance or resolution form. Refurial Martinez - Parks Department Refurial Martinez thanked Council and the Parks Board for the addition of parks to Baytown. Request Franchise United Gas, Incorporporated Mr. T. L. Stephens, local manager for United Gas in Highlands, introduced Mr. Saunders Gregg, Vice President and Director of United Gas. Approximately three years ago, Baytown annexed an area that included United Gas facilities, and they would like to continue use of these facilities. Mr. Gregg requested a limited franchise to prevent duplication of facilities with Houston Natural Gas. Councilman Kloesel moved to refer this matter to the Utility Committee for study. Councilman McWilliams seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None 991 5169 Minutes, February 15, 1972 Consider Ordinance- Award Bid for Cleaning & Painting - Storage Tanks tanks: The following bids were received to clean & paint interior of two storage Trust -Kote, Inc. $6,945 10 days Tidal Construction $9,500 30 days Don Love, Inc. $14,540 40 days The low bid of Trust -Kote, Inc. was recommended. Councilman Kloesel moved to accept the recommendation and award the bid to Trust -Kote. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRUST -KOTE, INC., FOR THE CLEANING & PAINTING OF THE INTERIOR OF TWO UNDERGROUND WATER STORAGE TANKS, AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF SIX THOUSAND NINE HUNDRED FORTY FIVE AND N01100 ($6,945.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Consider Resolution - Non Skid Pavement over Highway 146 Councilman Walker moved to adopt Resolution NO. 372, requesting the Texas Highway department to request Federal TOPICS Funds to provide a non - Skid pavement overlay on State Highway 146 from Alexander Drive to Cedar Bayou Road. Councilman Kloesel seconded the motion. This particular program was initiated by the Texas Highway Department, but requires an official request from the City for this work to be done. This will not affect other TOPICS programs for the City. Discussion followed concerning the status of the TOPICS program for the City of Baytown, because to date, no funds have been allocated even though the City has submitted a list of priorities, Mr. LeFevre was asked to contact Mr. Dale Marvel of the Highway Department, and set a meeting date with Council to discuss the implementation of the priorities. A vote on the motion was called. Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None RESOLUTION NO. 372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE TEXAS HIGHWAY DEPARTMENT TO CONSIDER PROVIDING A NON -SKID PAVEMENT OVERLAY ON STATE HIGHWAY 146 FROM ALEXANDER DRIVE TO CEDAR BAYOU ROAD. Unfinished Business.. ... 1972 Street Maintenance Program Councilman Kloesel asked Council to consider adopting the entire street maintenance program, which consists of 34 streets. There is presently $500,000 in the fund, which will complete 1/2 the project. Council could go out for bids as quickly as possible, and after Council approves the 1973 Budget, bids could be taken on the remaining half for $500,000. This will not be deficit spending, but simply being ready to implement the second half when funds are allocated. This item will be placed on the agenda of the next regular Council meeting. �JI ............... ... Minutes, February 15, 1972 5170 Mr. W. W. Applegate - Increase Taxicab Fares - Red Top Cab Mr. Bill Laughlin, attorney representing Mr. W. W. Applegate in his petition for an increase in taxicab fares, presented Council with items they requested at a previous meeting. These include a Profit -Loss Statement, Depreciation Schedule, Capital Investment and a comparison showing financial status after an increase is granted. These Statements, which were prepared by a CPA, were discussed at length. Mr. Applegate supplied Council with a tabulation showing that point of origin of one -half the calls is Goose Creek. Councilman Kloesel moved to grant Mr. Applegate an increase to be as follows: 65C flag fare, and 10fi for every additional 2/10 mile, and requested a fully audited profit -loss statement at the end of 1912. A vote on the motion was called. Ayes: Councilmen Lander, Stasney, Kloesel, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1181 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 29, TAXICABS, BY AMENDING SECTION 29 -50, THEREOF, SO AS TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED, AND TO SUBMIT IN ITS PLACE THE PROVISIONS OF A NEW SECTION SEEING OUT THE RATES AND FARES TO BE CHARGED BY TAXICABS IN THE CITY AND PROVIDING THAT THE CITY COUNCIL SHALL HAVE THE RIGHT TO CHANGE OR ESTABLISH NEW RATES AND FARES AT ANY TIME IF DEEMS NECESSARY; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTEVE DATE HEREOF. Telephone Hearin - Rate Increase Request Mayor Walker reminded Council of the resumption of Telephone Rate hearings February 21, 22 & 23, and informed Council of a private utility rate freeze effective March 10, imposed by the Federal Government. He presented a newspaper article showing the rates of return of electrical and telephone utilities. A public hearing will be held in Washington the week of the 22nd to attempt new regulations on utilities. All rate governing bodies that will be effected by the freeze have been invited to submit testimony or to appear in person in Washington. The Board must be notified by February 16 if a governing body plans to be represented. Councilman Kloesel moved to notify that Wage & Price Board that the City of Baytown will make a presentation in writing. Councilman Walker seconded the motion. Mayor Walker pointed out the Council will have until February 25 to decide what the context of the testimony will be, or if a representative will be sent to Washington. The vote follows: Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon Mayor Walker Nays: None Releveling of Coastal Area Mayor Walker referred to the request of Houston Chapter of the American Society of Civil Engineers concerning the urgency of releveling the Coastal area due to continued subsidence. The last major releveling was in 1964. This will be on a participation basis with the local participants bearing one -half the cost, and the other half borne by federal funds through the National Geodetic Department. Five thousand dollars from twenty participants is needed, and if more participate, the cost will be less. Five years from now there will be another releveling. Participants are asked to con- tribute one thousand dollars per year between now and then. The project will include Galveston and Harris Counties. Questions were asked to what benefit the information when obtained, would be. Mayor Walker felt it would be necessary in order to push for legislation regarding subsurface withdrawal. Several Councilmen felt the industries along the coast who are responsible for the subsidence should participate in the project, and that the Chapter of Civil Engineers should resolve to influence industries to use surface water. Councilman Kloesel moved to pledge up to three thousand dollars, and the amount to be payable when action is made by the Engineers. Councilman Lander seconded the motion. Discussion continued concerning the use of the information , participation by industries, and the amount of participation requested. Mr. Al Will, Projects Engineer, volunteered his services on weekends to help with releveling. Councilmen Walker moved to amend the motion by lowering the amount of pledge to fifteen hundred dollars. Councilm; McWilliams seconded the motion. The vote follows: M 5171 Minutes, Feb. 15, 1972 Ayes: Councilmen Walker, Cannon and McWilliams Nays: Councilmen Stasney, Kloesel, Lander Mayor Walker The vote on the original motion follows: Ayes: Councilmen Lander, Stasney, Kloesel, Walker and Cannon Mayor Walker Nays: None Abstained: Councilman McWilliams Mr. Johnny Busch then reported on the status of Baytown converting to surface water. He has obtained a copy of the original proposal to the City of Batyown by the San Jacinto River Authority; and has contacted the Public Works Director in Houston regarding the possibility of Baytown buying raw Trinity River Water from Houston. As yet he has received no response. Landfill Sites Mayor Walker reported two proposals from groups suggesting regional landfill sites, and asked for an indication from Council as to whether or not to pursue this matter. He requested Mr. LeFevre to meet with designated personnel from the groups in order to give Council more information. Two of the alternatives for landfills are independent operators and incenerators. Mr. Ron Haddox, attorney representing Waste Products, Inc., answered several questions Council presented concerning price and distance of haul. A permit is presently being obtained for 420 acres which would serve Baytown approximately 57 years. Adjourn eouncilman Walker moved the meeting adjourn. Councilman Kloesel seconded the motion. The vote was unanimous and the Mayor declared the meeting adjourned ' to an Executive Session for a real estate matter. ATTEST: i c Belinda Bingham, Deputy 61ty Clerk 6,57 !:�& a�A C. GLEN WALKER, Mayor