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1972 10 26 CC Minutes5312 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 26, 1972 The City Council of the City of Baytown met in regular session, Thursday, October 26, 1972, at 6:30 p.m., in the Council Chamber of the Baytown City Hall. The fo- lowing members were in attendance: Jody Lander Councilman Tom Gentry Councilman Charles Pool Councilman C. O . Walker Councilman Allen Cannon Councilman C. Glen Walker Mayor Fritz Lanham City Manager Neel Richardson City Attorney Belinda Bingham Deputy City Clerk Howard Northcutt Administrative Assistant Absent:Edna Oliver city Clerk Jim McWilliams, Councilman Mayor Walker called the meeting to order and the invocation was offered by Councilman Cannon. Approve Minutes Mayor Walker called for consideration of the minutes of the meeting of October 12. Regarding authorization to advertise for bids, Contract #3, Sanitary Sewer Improvements, Councilman Gentry's motion to specify concrete pipe with limestone aggregate was correct as stated; however, for clarification, Councilman Gentry noted the intent of the motion was to include the concrete pipe as one of three bidding materials. Councilman Walker then moved to approve the minutes; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Mayor Walker called for consideration of the minutes of the meeting of October 19. Councilman Lander moved to approve the minutes as printed; Councilman Cannon seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Halloween Mayor Walker informed Council of a request received from students of Baytown Junior High that Halloween be observed Saturday rather than Tuesday Night. However, Mayor Walker was of the opinion that the petition was presented too late to issue a proclamation to this effect. City Manager's Report Capital Improvement Programs The waterline contractor has had some delay on Decker Drive due to bad weather, however, the project should be completed in three weeks. Tests have been completed on the water well. The contractor began setting the pump today and will begin clearing land for construction of the building next week. The first one thousand feet of the Brownwood Perimeter Road has been graded to seven feet. The contractor began on Brownwood Drive and is now to the intersection Of Bayshore and West Bayshore. 9Z 5313 Regular meeting, October 26, 1972 Capital Improvements ... con't The Parks building construction is underway. Outside work has been completed and the inside work is in process. Bids will be received November 21 for five sewer lift stations. West Main Plant -- excavation is underway for the lift stations that will be located at the Plant. Police Building—all slabs have been poured except the jail area; inside masonry work is in process; the air conditioner has been placed on the roof and a major portion of1the duct work completed. Public Works Building...Mr. Lanham referred to a preliminary sketch of the new public works building. All buildings will be removed except the garage which will be added to. The plans were discussed in brief. ' Street Improvement Program - Brown & Root is progressing with Phase II. Revenue Sharing Bill passed, and Baytown's share is estimated at $421,900. This is only an estimate and may be changed. Mr. Lanham is receiving information as to how the shares were determined for the cities. The first payment should be received in early November. Mr. Lanham suggested Council consider needs and priorities for use of this money at the meeting of November 9. The survey of the railroad crossings has been completed. A letter will be written to the companies calling attention to needed corrections. Southern Pacific began work Monday on installation of the crossing gates at Massey Tompkins, Cedar Bayou and Bob Smith Roads. A sewer line collapsed on Dale Street; Whitelak has made the necessary repairs with concrete pipe. .j The City Council has approved a "floating Holiday" for employees; Mr. Lanham 4_ recommended this be observed the day after Thanksgiving this year. Council offered no objection. Mr. Lanham requested a work session, Tuesday at 5:00 p.m. (31st) with Mr. Tom Masterson to discuss financing possibilities for surface water supply. The flood control study is presently underway; Harris County approved the contract approximately one month ago. The study will be completed in six months, and periodic reports will be made to the Council. Consider Proposed Ordinance No. 20928 -2, Change Garbage and Refuse Rates This item is postponed till the next Council meeting. Appointment to Baytown Housing Authority This item is postponed until the next Council meeting. Public Hearing - Annex portion of Helmerich & Payne Mayor Walker declared the public hearing open for the annexation of 24% of Helmerich & Payne as per their contract with the City of Baytown. Mr. Carl Young, attorney with Helmerich & •Payne, pointed out the fact that Helmerich does not own the property in question; it is owned by the University of Oklahoma foundation. He questioned if this fact would affect the City's ability to annex. ' Mr. Richardson stated the City is aware that Helmerich is the lessee; however, the City does not have a contract with the University not to annex the land, therefore it will have no bearing. There being no one else to be heard, Mayor Walker declared the hearing closed. 9z Regular meeting, October 26, 1972 5314 REquest Water Service outside City Limits Mr. Lanham has received a request from Mr. R. Orachef£, Baytown Little League Coordinator, that the City extend water service to their ballpark near Sterling High School, and that the tap and monthly charges be waived. - However, the City's bond covenant prohibits supplying water outside the City limits free of charge. Mr. Lanham recommended charging the normal water tap fee, and adopting a policy of charging lk time the monthly rate for service outside the limits. Discussion followed with Mr. Sack Morton, regarding water service outside the City limits. Mr. Morton stated the only exception he is aware of is approximately 14 homes on Massey Tompkins, where the developer laid a line before the property was developed, and the homes are presently being provided City water at the normal charge. Since that time, all requests have been denied. There was some discussion of the nature of the League's request as compared to residents who want City water but do not wish to be annexed to avoid City taxes. Councilman Gentry moved to supply the water at the normal rate; Councilman Pool seconded the motion. Following discussion of the tap charge, Councilman Gentry stated it was the intent of his motion to apply the tap charge the same as applied to other little leagues. Councilman Pool was in agreement. Mr. Refugio Martinez referred to the request for water of the Deer Park Independent School District earlier this year, which was denied. Councilman Gentry informed Mr. Martine; that the school district did not offer to run their own line, which would have cost a substantial amount of money. Mayor Walker called for the vote: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Nays: Mayor Walker Proposed Ordinance No. 21026 -1, Initiation for Garth Road The right -of -way for Garth Road improvement has been cleared. This ordinance, if passed, declares a necessity exists and initiates the paving process, The engineers are prepared to proceed with plans for an assessment paving project. Garth Road improvement was included in the 1970 bond program, and is the first of the thoroughfares to be constructed under the program. Councilman Walker moved to adopt the ordinance; Councilman Cannon seconded the motion. Mr. Richardson read the caption and the vote was called: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1288 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT GARTH ROAD, FROM THE NORTH LINE OF PARK STREET, TO THE SOUTH LINE OF BAKER ROAD, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; DIRECTING THE CONSULTING ENGINEER TO PREPARE AN ESTIMATE OF THE COSTS OF SUCH IMPROVEMENTS AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF INTERESTS IN PROPERTY ABUTTING ON SAID STREET, PROVIDING THAT A PART OF THE COSTS THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COSTS THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INDIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTICLE 1105b, V.A.T.S., DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 21026 -2 Agreement with Texas Highway Department The Texas Highway Department has agreed to install warning signals at the intersection of Spur 330 (Decker Drive) and San Jacinto Street provided the City will maintain them. This ordinance will authorize entering into a contract with the State; this contract is used for all signals on state highways within the city limits. Councilman Cannon moved to adopt the ordinance; Councilman Lander seconded the motion. Mr. Richardson read the caption and the vote was called: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1289 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED OCTOBER 26, 1972, BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN, TEXAS, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,USE,OPERATION, AND MAINTENANCE OF A HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN IN EXHIBIT I, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF BAYTOWN; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT, AND DECLARING AN EMERGENCY. 5315 Regular meeting, Oct. 26, 1972 Wye Drive Improvements The proposed Wye Drive extension will be a concrete collector street (39' widt],i) and will extend approximately 500' to the rear of the new Police Building area. There was some discussion whether or not this project could be added to a present street improvement contract, or if it could be done with City forces; Councilman Walker requested an estimate be prepared on the cost of this construction using City forces. Councilman Gentry moved to advertise for bids for Wye Drive extension; Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, and Cannon Mayor Walker Nays: None Proposed Ordinance No. 21019 -2, Certificates of Obligation Ordinance No. 21019 -2 will approve the claim and authorize delivery of Certificates of Obligation to Southern Steel of San Antonio for construction of a jail facility in the new police and court building. The contract Council authorized calls for payments as the work progresses; the City has received a claim in the amount of $6,000. The contract also provides for 10% retainage; therefore, Council must authorize issuance of $6,000 less 10S, or the issuance of $5,000 Certificates of Obligation and carry $400 over to the next submission of a claim. Mr. Richardson read the caption of the ordinance. Councilman Walker moved to adopt the ordinance; Councilman Cannon seconded the motion: Ayes: Councilmen Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Abstain: Councilman Lander ORDINANCE NO. 1290 AN ORDINANCE APPROVING THE CLAIM AND AUTHORIZING DELIVERY OF THE CERTIFICATES OF OBLIGATION. Authorize Vest Pocket Park The Parks & Recreation Advisory Board has requested a 601x120' City owned lot in Plumwood (1604 Sheridan; Drive) be used as a vest pocket park. This lot may be used for a street extension, but not for several years. The Board is aware the lot will be vacated at such time it is needed. Councilman Walker moved to approve the use of this lot as a park on a temporary basis . Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Langford Engineering - Authorizations The Council met with Mr. Ivan Langford, consulting engineer, in a work session on October 19 to discuss sanitary sewer improvements. Mr. Lanham requested Council take formal action on the items discussed. Councilman Gentry moved to authorize Langford Engineering to prepare an application for Federal Matching Funds for improvement to East District Sanitary Sewerage System; Councilman Lander seconded the motion. Ayes: Councilmen Gentry, Lander, Walker and Cannon Mayor Walker Nays:: None Abstain: Councilman Pool* Discussion followed with Mr. Langford concerning cost of this project; Mr. Langford stated this project would be within moneys allowed in the bond program. The bond program was based on 33% federal matching funds, which has since been increased to 55 %, leaving approximately $400,000 surplus. 'Councilman Pool changed his vote to flaye. It Councilman Walker moved to authorize Langford Engineering to make application for waste discharge permit for the East District Sewage Treatment Plant. Councilman Lander seconded the motion. Mr. Lanham noted this is necessary in order to increase the capacity from onemillion gallons: per day to three million gallons per day. Aye-: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nay : None Regular meeting, Oct. 26, 1972 Langford Engineering ...con't Councilman Lander moved to authorize Langford Engineering prepare plans and specifications for East District Sewage Treatment Plant expansion; Councilman Walker seconded the motion. Mr. Lanham explained this will not include the collector lines in this area; it is necessary to begin plans and specifications as it will take approximately 120 days for completion, and some of the plans must be submitted before the federal grant may be formalized. Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Councilman Walker moved to authorize Langford Engineering to proceed with the West District Sanitary Sewerage System study; Councilman Cannon seconded the motion. Mr. Langford indicated the study will take 4 -5 months. Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Unfinished Business 3.510 The Council meeting of November 23 was re- scheduled for November 30; however, because of a conflict with the Harris County Mayors and Councilmens Association, Mayor Walker requested it be re- scheduled again to Tuesday, November 28. Councilman Lander moved to authorize the change: Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Cypress Street Mr. Mike Munoz, representing residents of Cypress Street, requested the status of their petition for street improvement. Mr. Lanham indicated Cypress Street would be among -the list of streets Council will consider at the November 9 meeting for the 1972 -73 Street Improvement Program; if approved by Council, the improvements should begin ti in approximately 6 months. Regarding sewer line stoppage, Mr. Munoz indicated this is a more serious problem, and is especially bad during rain. Mr. Morton stated the infiltration crews found no major stoppages in the lines in that area; Councilman Gentry suggested the Pubiic Works Department be directed to find and solve the problem. Mr. Munoz also felt the drainage problem should be solved. Stagnant water stands along the Missouri Pacific Railroad crossing; Mr. Munoz has written New Orleans but received no reply. Councilman Cannon directed the Administration to look into this matter also. Adjourn Councilman Gentry moved to adjourn the meeting; Councilman Cannon seconded the motion. The ayes were unanimous and Mayor Walker declared the meeting adjourned. Approved C. GLEN WALKER, Mayor A'ttest:� BELINDA BINGHAM, Deputy C ty Clerk