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1973 04 26 CC Minutes5415 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 26, 1973 The City Council of the City of Baytown met in regular session, Thursday, April 26, 1973, in the Council Chamber of the Baytown City Hall. THe following members were in attendance: Jody-Lander * Tom Gentry Charles Pool Mary Wilbanks C.O. Walker C. Glen Walker Fritz Lanham Neel Richardson Edna Oliver Howard Northcutt Absent: Allen Cannon Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager City Attorney City Clerk Administrative Asst, Councilman Mayor Walker called themeeting to order and the invocation was offered by Reverend Ron Womack, Pastor of St. Mark's Methodist Church. Approve Minutes Two corrections were made to the minutes of April 11 concerning votes: The vote to set the date of the run -off election, as corrected, follows: Ayes: Council members Lander, Pool, Wilbanks, Walker and Cannon Nays: None Abstain: Councilman Gentry and Mayor Walker The vote authorizing partial payment to mr. Caldwell, as corrected, follows: Ayes: Council members Lander, Wilbanks, Walker and Pool Mayor Pro Tem Cannon Nays: None Abstain: Councilman Gentry Councilman Walker moved to approve the minutes as corrected; Councilman Pool seconded the motion. The vote was unanimous in favor of approval. Mayor Walker called for consideration of the minutes of the special meeting of April 17. Councilman Walker moved to approve the minutes as printed; Councilman Lander seconded the mtion. The vote was unanimous in favor of approval. City Manager's Report Capital Improvements - Bond Funds Sanitary Sewer, Contract #1 - West Main Treatment Plant expansion - the total project is 40% complete. The estimated completion date is in September Contract #2 - Lift Stations - The Texas Avenue lift station is 35% complete structurally; the Spur 201 lift station is 18% complete structurally; the M.issoua Street lift station is 5% complete. Contract #3 - Interceptor line along southern part of Goose Creek - the gravity flow line is 22% complete; the force main on Kentucky is 47% complete. Four sanitary sewer contracts are presently underway; when council approves the bid on Contract #5, the contracts let will total $3,347,446.45. Bids wdl l be received May 17 for Contract #6, which is the sewer lines in various parts of the City. 5416 Streets April 26, 1973 Brownwood - All asphalt is in place on the perimeter road. The final ditching and adding riprap is underway. The engineers have recommended that the amount designated for seeding the shoulders and spraying asphalt emulsion along the shoulders be deleted from the contract. The amount is $8,840.00. The asphalt emulsion spray might be unsitely and objectionable to residents, and the grass should grow rapidly during this time of year to cover the shoulders. Councilman Pool moved to delete this portion of the contract as recommended; Councilman Lander seconded the motion: Ayes: Council members Lander, Gentry, Pool, Wilbanks and Walker Mayor Walker Nays: None Wye Drive - The extension should be completed within two weeks. East West Thoroughfare - Bids will be received May 16 for improvements to Sterling and Defee. Police and Court Building - The building is virtuallycomplete inside; site work is being delayed by rain. Water System Improvements- The altitude valves is the only water system improvement contract renaining; work should begin in two weeks. Parks Westwood - Connections to the water & sewer remain to be made; the parking lot and hike & bike •trails are not completed. Duke Hill Park - All work is completed. Tejas Park - Work has not begun because of rain. Norman C. Coote Park swimming pool - Bids will be received on May 15. Capital Improvements Budgeted Funds Brownn & Root, cinc. is presently working On Elvina, Crosby -Cedar Bayou, Cypress, East Pearce, East Texas and Bayou Drive. North Main Street Storm Sewer - over half the pipe to be installed is in place. Bernard Johnson has requested a work session with council for a presentation of the drainage study. Council concurred to meet Monday, May 7 at 5:00 p.m., provided the county commissioner can attend also. The response to the plastic garbage bag test has been favorable. ( *CouncilmanGentry leaves meeting) 1 Because the canvass of the run -cuff election must be held the second Wednesday following the election, Councilman Pool moved to designate the next regular council meeting as Wednesday, May 9 at 5:00 p.m. Counclman Lander seconded the motion: Ayes: Council members Lander,Pool, Wilbanks, and Walker Mayor Walker Nays: None Award Bid - Construction of Baytown Sports Complex and Swimming Pool Five bids were received for construction of the Baytown.Sports,Complex. and the swimming pool for the Complex: Wolfe Const. Company Comex Corporation R.W. Johnson Const Co Gene Hazelwood Const Lake Air Pool Complex Swimming Pooj %' $243,923.20 $83,460.20 $290,580.60 265,730.00 297,128.16 No Bid $ No Bid $95,500.00 No Bid $97,500.00 Wolfe Construction Company was low bidder for a total amount of $327,383.40; however, in order to keep within available funds for development of the Complex, Mr. Terry Dopson recommended deleting 50% of the parking lot, the hard surface around the concession, and deleting the service drive. This will lower the bid to $299,929.40, plus engineering fees. Mr. Dopson recommended the bid be awarded to ' 5417 April 26, I973 Wolfe Construction Company with the deductibles. Councilman Lander moved to adopt Proposed Ordinance No. 30426 -7, awarding the bid sa recommended; Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker Nays: None ORDINANCE NO. 1397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WOLFE CONSTRUCTION COMPANY FOR THE DEVELOPMENT OF THE BAYTOWN SPORTS COMPLEX WITH THE FOLLOWING DE,.UCTIBLE ALTERNATES: ITEM 11 1505*1 OF THE PARKING LOT DELETED), ITEM 13 AND 14 (100% DELETION), AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESSS BY THE CITY FOR THE SUM OF TWO HUNDRED SIXTEEN THOUSAND FOUR HUNDRED SIXTY -NINE AND 201100 ($216,469.20) DOLLARS WITH REGARD TO SUCH AGREEMENT. Councilman Lander moved to adopt Proposed Ordinance No. 30426 =8, awarding bid on the swimming pool as recommended; Councilman Walker seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and walker Mayor Wa:2ker Nays: None ORDINANCE NO. 1396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WOLFE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A SWIMMING POOL AT THE BAYTOWN SPORTS COMPLEX _AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR A SUM OF EIGHTY -THREE THOUSAND FOUR HUNDRED SIXTY AND 201100 ($83,460.20) DOLLARS WITH REGARD TO SUCH AGREEMENT. Transfer Red Top Taxicab Permits Mr. Gordon Hart, owner of Red Top Taxicab, requested council authorize the transfer of his four permits to Mr. Sherman Clayton. Mr. Lanham recommended approval of the transfer, provided all requirements of the ordinance are met; e.g., proof of insurance. Councilman Walker moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker Nays: None Mrs. W. E. Bailess - Telephone Service in Huffman, Texas Mrs. Bailess had requested to appear before the Council in regard to General Telephone Company and was placed on the council meeting agenda. Councilman Pool moved to table this item pending completion of the study being. -.made by General Telephone Concerning toll -free calling between Baytown and Huffman. Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker Nays: None Assign-Newly Annexed Area to Council District Proposed Ordinance No.-30426- 1-will assign the area of Sterling High School, wiiicE vas finally annexed at the last council meeting, to Council District #6. Councilman Walker moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker Nays: None ORDINANCE NO. 1391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, 'PROVIDING FOR THE INCLUSION OF 235 ACRES OF NEWLY ANNEXED AREA WITHIN DISTRICT NO. 6 AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5418 April 26, 1973 Authorize "Yield" Signs Proposed Ordinance No. 30426 -2 will authorize placement of "yield right of way" signs at the intersections of Knowlton and Beaumont Streets, and Donovan and Knowlton Streets. This action is the recommendation of the council traffic committee. Councilman Lander moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker j Nays: None ORDINANCE NO. 1392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR YIELD RIGHT OF WAY SIGNS FOR KNOWLTON AT BEAUMONT AND FOR DONOVAN AT KNOWLTON, AND PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION. Prohibit Parking at Certain Locations Proposed Ordinance No. 30426 -3 will prohibit parking on (1) Whiting Street adjacent to Lee College property (2) Decker Crove - both sides from Thomas Circle to Garth Road, & (3) North Pruett - both sides - from Defee to Morrell Street between 6 am and 6 p.m., Monday thru Saturday. This is the recommendation of the Council traffic committee. Councilman Pool moved to adopt the ordinance; Councilman Lander seconded themotion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker Nays: None ORDINANCE NO. 1393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING CERTAIN AREAS AS NO- PARKING ZONES AS PROVIDED BY SECTION 18 -122 OF THE CODE OF ORDINANCES; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION HEREOF. Authorize Final Payment for Construction of Roseland Park boat ramp & dock Proposed Ordinance No. 30426 -5 will authorize final payment to Marine Construction Company for completion of the boat ramp & bulkhead at Roseland Park. Final payment is in the amount of $1,236.39. Mr. Lanham recommended approval. Councilman Lander moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor. Walker Nays: None ORDINANCE NO. 1394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF A BOAT RAMP AND DOCK AT ROSELAND PARK BY MARINE CONSTRUCTION COMPANY, FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID MARINE CONSTRUCTION COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. April 26, 1973 Award Bid - Contract #5, Sanitary Sewer Improvements Bids were opened April 17 for construction of Sanitary Sewer Contract #5. This contract (Upper Goose Creek Interceptor) runs from Gulf Coast Hospital west fork of Goose Creek to Craigmont Plant and east fork of Goose Creek from Gulf Coast Hospital to Garth Road: Stephens Contracting Co. Bellaire $481,419.00 Bayshore Constructors Inc Baytown 592,834.25 R. T. Bishop 689,887.75 Jalco, Inc Houston 7701686.50 Estimated construction cost of this project was $471,520. Mr. Ivan Langford, consulting engineer.,, recommended awarding the bid to Stephens Contracting Co, low bidder. Councilman Lander moved to adopt proposed Ordinance No. 30426 -6, awarding the bid as recommended; Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, and Walker Mayor Walker Nays: None ORDINANCE NO. 1395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF STEPHENS CONTRACTING COMPANY OF BELLAIRE, TEXAS, FOR THE CONSTRUCTION OF THE UPPER GOOSE CREEK INTERCEPTOR SEWER, JOB NO. 44A, CONTRACT NO. 5 AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS OF THE CITY FOR THE SUM OF FOUR HUNDRED EIGHTY -ONE THOUSAND FOUR HUNDRED NINETEEN AND N01100 ($481,419.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Urban Transportation Planning Studies 5419 In 1970, Council authorized an agreement for tI-continuation of the Urban Transportation Planning Studies in Harris & Galveston Counties, and included six surrounding counties. Proposed Resolution No. 437 will modify the previous agreement, in that the committee that guides transportai ton planning in each area will be composed of locally elected officials with state and federal elected officials included to whatever extent practical. Dr. Lee Liggett, chairman of the UTPS, explained that the resolution will relieve him of chairmanship of this group; he urged Council to endorse the resolution because policies and plans should be made by elected officials. The resolution will create a Policy Advisory Committee to furnish general policy and guidance and direction for the - continuing transportation study. Following brief discussion with Dr. Liggett, Councilman Pool moved to adopt the proposed resolution; Councilman Walker seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker Nays: None RESOLUTION NO. 437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A CERTAIN AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND THE STATE OF TEXAS CONCERNING A CONTINUING, COMPREHENSIVE, COOPERATION TRANSPORTATION PLANNING PROCESS FOR THE HOUSTON - GALVESTON REGIONAL TRANSPORTATION STUDY AREA. Authorize Lease Agreement for Humble Park Proposed Ordinance No. 304267 will authorize an agreement with the owners of five lots on East Humble, where a city park has been in existence for 7 -8 years (Humble Park). The previous agreement provided use of the land as a city park at a cost of One Dollar per year. However, for thepast two years, the city has been using Humble Park without a written agreement because ownership of the land changed. Mr. Lanham recommended an agreement be executed for continued use of the lots as a park. Councilman Walker moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Walker Mayor Walker Nays: None ORDINANCE NO. 1398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND_ DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A LEASE.AGREEMENT WITH ARMANDO SALINAS AND .VINCENT CANALES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5420 April 26, 100 Proposed Amendment to Junkyard Ordinance Proposed Ordinance No. 30426 =10 will amend the present junkyard ordinance. Mr. Richardson explained that the proposed ordinance is substantially the same as the existing ordinance, however, the preamble to the new ordinance contains findings by the City Council which would bring this directly in line with the City of Houston case, in that the power to order fencing around junkyards is directly within the police power of the city. The major change is in definitions, i.e., junkyards, automotive wrecking and salvage yards. The new ordinance will require an opaque fence around any lot or tract of land "whereupon three or more discarded, abandoned, junked, wrecked or worn -out automotive vehicles ....... are kept or stored for�_the purpose of disassembling, dismantling, cutting up, stripping ......... for sale or for use in an automotive repair or rebuilding business, or any lot or tract of land whereupon three or more wrecked or worn -out automotive vehicles are stored while awaiting repair." Mr. Richardson explained this would include automotive repair shops or automotive dealers who store three or more vehicles awaiting repair, and requested Council consider this section carefully. Mr. Manuel Pease, owner of a junkyard and repair shop on South Main, requested council eliminate the_ provision_ for opaque fencing:.on - all -sides of the lot because thieves may hide behind the fence and cannot be seen from other property. He sopke in opposition to fencing automobiles waiting repair, and again, because this gives thieves an opportunity to strip these cars without being seen from the road. Mr. Pease requested a chain -link fence be required in back of junkyards to allow more effective policing, and require less maintenance. Since the fencing requirement for junkyards is to obstruct the unsightly view of its contents from residences, Councilman Lander moved to table action on the proposed ordinance in order to have more time to consider the amendments; Councilman Walker seconded the motion. This ordinance will be considered at the next council - meeting. Ayes: Council members Mayor Walker Nays: None ( *Councilman Gentry returns) Unfinished Business Lander, Pooj, Wilbanks and Walker Mayor Walker reported that he, Mr. Richardson, and Johnny Busch, and Paul Martin(associate of J. Wiley Caldwell) gave testimony before -': the Senate Water Subcommittee in Austin today h regard to the creation of the Baytown Area Water Authorituy. The subcommittee reacted favorably to the Bill which will move into full committee next Wednesday, with possible hearing on the Senate floor a week from tomorrow. Adjourn Councilman Walker moved to adjourn; Councilman Lander seconded the motion. Council voted unanimously in favor of the motion. APPROVE 0 ce&� a" C. GLEN WALKER, May &r ATT . 1 EDNA OLIVER, City Clerk