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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