1973 05 09 CC Minutes5921
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 9, 1973
The City Council of the City of Baytown met in regular session, Wednesday,
May 9, 1973, in the Council Chamber of the Baytown City Hall. The following members
were in attendance:
Jody Lander Councilmen-
-Tom Gentry Councilman
Charles Pool Councilman
C. O. Walker Councilman
Mary E. Wilbanks Councilwoman
"Henry Dittman Councilman
Allen Cannon Councilman
C. Glen Walker Mayor
*Tom Gentry Mayor
Fritz Lanham City Manager
Neel Richardson City Attorney
Edna Oliver City Clerk
Howard Northcutt Administrative Assistant
Mayor Walker called the meeting to order and the invocation was offered by
Reverend Roy Felder, pastor of Cedar Bayou Methodist Church.
Approve Minutes
Councilman Walker moved to approve the printed minutes of the meeting held
April 26, 1973; Councilman pool seconded the motion:
Ayes: Council members Lander, Gentry, Pool, Walker, Wilbanks and Cannon
Mayor Walker
Nays: None
City Manager's Report
Mr. Lanham attended an Environmental Protection Agency meeting in Dallas
yesterday regarding Baytown's application for 75% federal funds for improvements
to the East District Sewerage System ($1,556.700. 00). Baytown was one of forty
applicants invited to meet with EPA because of high priority ratings given by the
Texas Water Quality Board. The EPA representatives advised that they hope to make
grant offers on those applications by July 1, provided funds are forthcoming from the
Bureau of the Budget.
A new law is in effect regarding grants in that rules have to be issued, i.e.,
instructions as to user charges and =at recovery must be issued, and regulations
implementing the law must be written. Baytown will have to revise its application
by May 31, which is presently being done by Langford Engineering. A more detailed
environmental impact statement may be required, wicch could necessitate a public hearing
by council. As a result of the meeting, Mr. Lanham was encouraged as to the possibility
of receiving a grant by July 1.
Baytown's allotment of Revenue Sharing Funds for the first six months of
1973 will be $235,312.00. Regulations require a public hearing before authorization
may be given for expenditure of these funds.
Councilman Walker moved to sechedue the public hearing during the next
regular council meeting; Councilman Cannon seconded the motion:
Ayes: Council members Lander, Gentry, Pool, Walker Wilbanks and Cannon
Mayor Walker
Nays: None
Mr. Leonard Darden has advised he will not be able to fulfill his appointment
to the Mobile Home Review Board, and has resigned. Council will need to fill this
vacancy at a future meeting.
5422 May 9, 1973
The City of Baytown and Harris County have entered into contract for the
improvement of Baker Road and Park Street, whereby the city pays flr materials
and the county provides labor. The work on Park Street is presently underway.
In the recent Harris County bond issue, voters approved county bond money to
rebuild Baker Road from Decker to North Main. County Engineer Dick Doss has
requested, and Mr. Lanham concurred, to amend the contract so that those portions
of Baker Road which were to be rebuilt, will only be releveled for the present.
This will leave a surplus of approximately $17,800.
Mr. Doss also requested council authorize the $17,8QO to -be used to purchase
a black base for Park Street. The county has encountered considerable difficulty
-in obtaining rail cars for delivery of the limestone base for which the contract
provides. The use of black base, although more expensive than limestone, will
expedite the completion of Park Street.
Mr. Lanham recommended council approve the amendment regarding Baker Road;
and requested an opportunity to study the request concerning. Park Street for a
recommendation at a later date.
Councilman Lander moved to instruct the Attorney to prepare the amendment
for Baker Road; Councilman Pool seconded the motion:
Ayes: Council members Lander, Gentry, Pool, Walker, Wilbanks, and Cannon
Mayor Walker
Nays: None
Trash collections are approximately one week behind schedule.because of increased
clean -up resulting from the recent thunderstorm. Funds were not provided in the
budget for overtime.
Street Improvements - Bids have been advertised to be received May 22 for
Phase II of the 1973 Street Improvement Program. Council offered no objection to
the plans and specifications.
A sewer line in the West Main Street area has collapsed. Naylor Pipe Cleaning
Company is repairing 720' of 8' line; estimated expenditure is $5,000.
In conformity with federal and state holidays, Mr. Lanham requested city
employees observe Memorial Day on Monday, May 28, 1973,. Council offered
no objection.
Capital Improvements - bond funds
West Main Plant is 50% complete. Contract #2, is 18% complete.
Contract iii is 28% complete.
Perimeter Road - the rains and high tides have interferred with completion
The waterline installed as per this contract has been pressure tested, but not
chlorinated.
Wye Drive - the extension has been completed; clean -up remains.
Sterling - Defee improvements - bids will be received May 16.
Plans and specifications are being prepared for water & sewer extensions
to the newly annexed area in the vicinity of Sterling High School.
Westwood,- Duke Hill and Tejas Parks should be completed in one month.
A work order has been issued on the Baytown Sports Complex.
Work inside the police & court building should be completed in two days,
The paving contractor will begin work Ftiday; the entire contract should be
completed by the end of next week.
MaY 9, 1973
Canvass Election of May 1
5423
Mayor Walker directed the canvassing of the May 1 Special Run - Off Election,
in which citizens voted for mayor and council representative from district #2,
to begin. The canvass proved all tabulations to be in order. Councilman Cannon moved
to adopt Resolution No. 438 accepting the canvass; Councilman Walker seconded the motion:
Ayes: Council members Lander, Gentry, Pool, Walker,Wilbanks, and Cannon
Mayor Walker
Nays: None
RESOLUTION NO. 438
A RESOLUTION CANVASSING THE RETURNS OF A SPECIAL MUNICIPAL ELECTION HELD
WITHIN THE CITY OF BAYTOWN ON THE 1ST DAY'OF MAY, 1973, FOR THE PURPOSE
OF ELECTING A MAYOR FROM THE CITY AT LARGE AND A COUNCILMAN FROM DISTRICT
NO. TWO (2) TO SERVE REGULAR TWO YEAR TERMS; FINDING THAT NOTICE OF
SAID ELECTION WAS DULY AND PROPERTY GIVEN AND THAT SAID ELECTION WAS
PROPERTY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
Oath of Office -Mayor and Councilman District #2
* *Judge Steven Hebert administered the Oatth of Office to Tom Gentry, Mayor,
and Henry Dittman, Councilman District #2.
Mayor Gentry and Councilman Dittman then assumed their proper seats at the council
table.
Councilman Cannon moved to instruct the Administration to prepare resolutions
commending th Mayor Glen Walker, Councilmen Walker & McWilliams for the past service
to the City of Baytown, and to order appropriate plaques for presentation at a later
date; Councilman Pool seconded the motion.
Ayes: Council members Lander, Pool, Dittman.,.Wilbanks and Cannon
Mayor Gentry
Nays: None
Mr. Bill Sherman - Sidewalks on Kilgore Road
Mr. Bill Sherman, had requested to appear in regard to drainage and sidewalks
on Kilgore Road; however, Mr. Sherman was not present when called.
Proposed Amendment to Junkyard Ordinance
Mr. Richardson briefly reviewed the proposed amendments to the junkyard ordinance,
which was discussed at the last council meeting. The major change is that automotive
repair shops or automobile- dealers who store three or more automoti2es waiting repair,
will be required to place an opaque fence around the lot where the automobiles are
stored. Councilman Lander moved to adopt the proposed ordinance; Councilman Pool
seconded the motion.
Mr. Manuel Pease, owner of Pease Enterprises, stated that several of the owners
of automotive repair shops and dealerships, with whom he had talked, were not aware
that the proposed ordinance will affect their businesses. He again requested Council
to reconsider the requirement for an opaque fence on all sides of the lot because this
attracts thieves, and an opaque fence requires more maintenance than a cyclone fence.
Council discussed whether or not thorough coverage had been given in the
newspaper about the proposed amendment and the businesses it will affect.
Mrs. Wanda Orton, reporter for the Baytown Sun, indicated more detailed coverage
would be given 1 about this ordinance if council desired. Following discussion,
Councilman Cannon moved to table action on the ordinance until the next council
meeting, in order to give besinessmen another chance to indicate their opposition
or support of the ordinance;
Councilman Dittman seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and CAnnon
Mayor Gentry
Nays: None
5424
May 9, 1973
Addition to 1972 Street Improvement Program
Phase II of the 1972 Street Improvement Program included improvement of
California Street, from Florida to New Mexico. Phase III of the 1973 Street Program
includes the remainder of California Street (New Mexico to Missouri). Because the
contractor is presently working o.-'the 1972 portion of California, Mr. Lanham
recommended the contractor be allowed to improve the remainder at this time,
and delete California from the 1973 Program. Estimated cost of improvement from
New Mexico to Missouri is $6,700, and may be paid from 1973 budgeted funds.
Councilman Lander moved to accept the recommendation; Councilwoman Wilbanks seconded
the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Set Date for Hearing of penefits - Garth Road
The fourth step for a valid assessment paving project is for Council to call
a Hearing of Benefits, in which the amount of enhancement to abutting property is
determined. It is on this amount that assessments are levied. At the Hearing of
Benefits, all persons owning property abutting the proposed improvement or having
a valid interest in the abutting property, will be given an opportunity to be heard.
Mr. Richardson presented an ordinance which will call a Hearing of Benefits
for the Garth Road assessment paving project; Council was requested to set the date.
Councilman Lander moved to set the date as June 28; Councilman Cannon seconded:.
the motion. Council concurred to begin the Hearing at 7:00 p.m. on that date.
Mayor Gentry then called the vote:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1399
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING
AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT
IMPROVEMENT OF GARTH ROAD, WITHIN THE LIMITS HEREINBELOW SET OUT; APPROVING
AND ADOPTING THE WRITTEN STATEMENT OF THE CITY'S CONSULTING ENGINEERS
SHOWING THE ESTIMATED COSTS OF IMPROVEMENTS ON SAID STREET INCLUDING
ESTIMATES OF THE AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST
THE PROPERTY ABUTTING UPON SAID STREET TO BE IMPROVED AND THE OWNERS THEREOF,
AND OF OTHER COSTS AND MATTERS RELATING THERETO, ORDERING THAT A HEARING
BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERTY ABUTTING
SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATING THERETO, SETTING
AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE
THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Sewer Service for Baker Road & Decker Drive Vicinity
Mr. John Heasley of Houston appeared regarding plans to construct a shopping
center,on 12.8 acres of land along Baker Road; the center may contain 150,000 square
feet. Construction is anticipated to begin in August, with the opening date in
early 1974.
Mr. Lanham explained that there is not adequate sewer service to accommodate
a shopping center in this area. In order to serve this development, it will be
necessary to build a line along Baker Road to connect with the 15 -inch line near
the entrance to Country Club Village. City policy provides that the developer's
cost would be based on $435.60 per acre. If the cost to construct the line is more
than the developer's pro rata share, the City may, at its option, require the
developer to pay the entire cost, and then refund him over a period of ten years,
with interest. The minimum size line that would serve this particular development is
a 10 -inch line; estimated construction cost is $21,000.
1
May 9, 1973 5425
Sewer Service - Baker Road, continued
However, there are other establishments in this vicinity that, although within
the city limits, do not have city sewer service, i.e., Texas Eastern offices and
residences, the veterinarian hospital, beer warehouses, and mobile home parks,
all along Decker Drive. Mr. Lanham requested an opportunity to study th estimates
for constructing a line of greater depth to serve these establishments along Decker,
as well as future development along Baker Road.
City Engineer Jack Morton, explained that there is one other area of the City
in which this situation exists - an area directly east of Highway 146, from
Ferry Road to Massey Tompkins; however, this area was included in the bond issue.
Following discussion among Council, Councilman Pool moved to instruct the Administration
to study, for recommendation, the extension of the larger line to serve the area of
Baker Road and Decker Drive. Councilman Cannon seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Unfinished Business
Council vacancy
With the election of Mr. Tom Gentry as Baytown's Mayor, Position H4 of the City
Council was vacated. Mr. Richardson referrec to Section 16 of the City Charter which
states, "a vacancy in the ==oil shall be filled by a qualified voter residing in
the district in which the vacancy occurred by a majority vote of the reamining members
of the council." -
Even though a "straw vote" by citizens to fill the vacancy is desirable to some,
Mr. Richardson explained that an election could take as long as three months;
also, the Charter does not provide for the election to be held in this particular
situation. Council will therefore appoint a Baytown citizen to ..Council Position p4,
possibly within 30 -45 days.
Briefing Session at Sterling Municipal Library
The Library Board has invited the City Council to a one -hour briefing session
at the library in order to acquaint council with its needs and priorities. Council
concurred to meet June 4 at 7:00 p.m.
Adjourn
CouncilmanCannon moved to adjourn to an executive session; Councilman Pool seconded
the motion. The vote was unanimous in favor.
APPROVED: /s/ Tom Gentry, Mayor
ATTES
EDNA OLIVER, City Clerk