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1973 06 28 CC Minutes5446 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 28, 1973 The.City Council of the City of Baytown met in regular session, Thursday, June 28, 1973, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Fred Bednarski, Jr Charles Pool Mary Wilbanks Henry Dittman Tom Gentry Fritz Lanham Neel Richardson Belinda Bingham Howard Northcutt Absent: Edna Oliver Allen Cannon Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager City Attorney Deputy City Clerk Administrative Assistant City Clerk Councilman Mayor Gentry called the meeting to order and the invocation was offered by the Reverend J. P. O'Sullivan. Approve Minutes Mayor Gentry called for consideration of the minutes of the meeting of June 14. COuncilmM Lander moved to approve the minutes as printed; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman Mayor Gentry Nays: None City Manager's Report The county forces started laying the black base on Park Street yesterday on that portion between Decker Drive and the bridge. This portion will then be opened to traffic; the rest of Park will not be completed until after the City installs the sanitary sewer across the portion between Garth Road andthe bridge. County forces will begin the level -up on Baker by the middle of next week. The City has been working on several drainage problems; those nearing completion are near the interseciton of Cedar Bayou and James Bowie, on Massey Tompkins near the Southern Pacific Railroad, and another on Massey Tompkins in the vicinity of Stephen F. Austin school. A report will be presented at the next meeting on drainage problems that occurred during the flood. The Council Traffic Committee, at its April meeting, made several recommendations which has since been acted on; One of the recommendations is that three traffic lights be phased out: (1) Whiting St at Texas AVenue (2) Second and Texas Avenue (3) Ashbel at Defee Stop signs will be installed at these intersections. Also, the committee recommended that the light at Harbor and Market St be altered to continuous flasing. If these changes prove to be satisfactory after 90 days, an ordinance will be presented to Council permanently affecting the changes. The new police & court building has been occupied now for one month; open house will be held Saturday at 1:00 p.m. Communication has been received from the committee of the Houston Branch of the American Society of Civil Engineers that is coordinating the releveling program which has been underway for several months by the National Geodedic survey, stating the field work is complete, office calculations & adjustments are in progress, and the final adjusted result will be made known on July 26 at a press & TV conference 5447 in Houston by the National Geodetic Survey. Baytown, along with other governmental agencies in this area have participated financially in the project. Workers are sliplining a collapsed sewer line on East Texas Avenue. Mr. Lanham referred to a letter from a citizen of Indian Shores regarding the requested toll free calling privileges between Batyown and Huffman. The letter requested this item be removed from the table. Councilman offered no objection to placing this itam on the agenda of the July 26 meeting; however, provided it is understood by the citizens of Huffman and Indian Shores that the City Council of the City of Baytown has no control, nor does it set the rates, for telephone service outside the city limits of Baytown. At the last Council meeting, Councilman Dittman requested a survey of all ordinances that had been passed for temporary periods of time. City Clerk Edna Oliver surveyed the ordinances with the following results: a. From time to time, in response to requests of the highway department, - speed zone ordinances are passed for periods of time with automatic termination upon completion of a particular project. b. A monthly charge for the collection of garbage and trash for a short period of time was made permanent in 1948 by ordinance. c. Ordinance No. 1052, adopted by Council in December of 1970, was repealed in March of 1971 by Ordinance No. 1052 -A, and was for the purpose of providing sanitary sewer service to new developments in theCity. This levied a $50 payment for each dwelling unit constructed. In reading the ordinance, it appears Council at that time did intend the charge to be temporary. At the time the current budget was being prepared, the estimate of funds to be derived from this charge was $30,000; through May of 1973, $7500 has been received. Councilman Dittman moved to rescind Ordinance No. 1052; however, Mayor Gentry declared the motion dead for lack of a second. Councilman Lander moved to have this item placed on the agenda of the next scheduled Council meeting in order to give Councilmen more time to study the situation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Capital Improvement Programs - Contractors lost 5 -6 days work resulting from the recent flood. East West Thoroughfare - the contractor began work today on the storm sewers/ Altitude Valves - Installation of the valve on the James Street well is complete, 6 Park Street is 90% complete. Bids on waterlines for the newly annexed area are being advertised; bids on 10th Street paving will be received July 6 Parks - Westwood and Duke Hill are complete except for parking lot, softball field, and hike and bike trails. Tejas - complete except for parking lot and clean up. These three parks should be complete by the middle of July. Sports complex - work is progressing satisfactorily. N. C. Foote Pool - contractor began excavation today. Sanitary Sewer Improvements - Contract #1 -(west main plant) workers are setting the air drops in the aeriation basin, and preparing to poor the roof on the old lift station; the contractor appears to be having no difficulty in getting equipment delivered. Contract #2 - (lift station) Missouri St - the well is in place and the pump room slab has been poured. Craigmont - new equipment will be installed here; contractor is presently taking out the old equipment. Spur 201 - this excavation was filled with water during the flood; contractors are pumping out the water and removing mud. West Texas - the contractor is ready to start masonry work. 5448 June 28, 1973 Contract N3 - (force main) The main on Utah, New Jersey, and Kentucky has has been completed and tested and the sidewalks will be replaced beginning Monday. The 36" line on Barrymore is in place, and the contractor is in process of general cleanup. Barrymore is under contract with Brown & Root to be repaved; when the sewer line contractor has completed work, Brown & Root will be requested to repair Barrymore as soon as possible. Mr. Lanham requested Council designate a date for a work session to discuss the proposed transit system for Harris County with a representative of the county; and discussion of a water supply since the Bill for creation of the Baytown Water Authority passed in the Legislature. Council concurred to meet Monday, July 2 at 5:00 p.m. Parks & Recreation Advisory Board - Annual Report Mr. Wayne Gray, chairman of the Parks & Recreation ADvisory Board presented its annual report of the Board, according to Ordinance No. 885. In view of the public hearing scheduled to begin at 7:00 p.m., Mr. Gray stated he would be present at a later date to discuss or answer questions regarding the report, should Council desire. Proposed Ordinance No. 30628 -3, Award Bid on Corrugated Metal Pipe On June 21, bids were received for 360 -feet of corrugated,, galvanized metal pipe to be used in the ditch between Pamela and Inwood Streets, west of Pruett Street. This bid is for materials only, work will be done by city crews. The tabulation follows: Fabenco, Inc. Wyatt Div. U. S. I. Armco $6,678.00 $7,419.60 $5,810.40 Mr. Lanham recommended Council award the bid to low bidder; the motion was duly made by Councilman Dittman and seconded by Councilman Bednarski: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None / T U ORDINANCE No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ARMCO STEEL CORPORATION FOR THE PURCHASE OF 360 -FEET OF 54" CORRUGATED GALVANIZED METAL PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND EIGHT HUNDRED TEN AND 401100 ($5,810.40) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Hearing of BEnefits - Garth Road Assessment At 7:00 P. M. Mayor Gentry declared the Hearing of Benefits on the Garth Road Assessment Paving Project to be in session. Article 1105 b of Vernon's Civil Statutes provides that a governing body of the City may order streets within the city to be improved, and that cost of these improvements be paid partly by the city, and partly by owners of property which abutts the project. In assessing the cost against the abuttingproperty and its owners, the law requires a public hearing before the city council sD that the council may determine the special benefits to the property, if any, and to its owners in the enhanced value, by means of an improvement. The enhanced value is the maximum amount which may be assessed. Mayor Gentry requested anyone owning property on Garth Road subject to assessment, or having an interest therein, or a representative of an owner, to sign a register listing their name, address and telephone number. Those persons desiring to give testimony stood, and Mayor Gentry administered the Oath. City Attorney Neel Richardson was then directed to present the City's case, and did so by calling as the first witness, Mr. A. J. Busch, Jr., consulting engineer, of the firm Busch, Hutchison and Associates. Being questioned by Mr. Richardson, Mr. Busch explained that he has been employed as a consulting engineer for 9 years; he is presently employed as consulting engineer for projects under the 1970 bond program, and is consulting engineer for improvements to Garth Road. Mr. Busch stated he prepared the plans and specifications r June 28, 1973 for the improvements, and prepared cost estimates, and the estimates of legally assessable costs, Or the maximum amount. These matters were presented to Council after being prepared; they are the same amounts that appeared in the public notice which was published in the newspaper, ndd which was mailed to each property owners abutting Garth Road as they appear in the tax rolls of the City of Baytown. Mr. Busch then presented his cost estimates which are based on state law which provides that the City may assess an amount up to 90% of the cost of paving to abutting property, and 100% of the cost of curb 6 gutter. Mr. Busch'S figures do not include intersections, storm sewers and appurtenances thereto, utility adjustments and bridge construction. Referring to the notices which were mailed, Mr. Busch recited the following costs: Total cost of project - $1,145,740.12 Maximum amount that can legally be be assessed against property 455,688.30 Leaving a cost to City of 690,051.82 The proposed maximum assessments are as follows: A. The west roadway from the North property line of Park St to a point 1,546.98 feet North of the NPL of Park Street. Curb: $ 1.00 Paving: 36.14 $37.14 per front foot B. The west roadway, from 1,546.98 feet from North Property line of Park Street, to the property line of Baker Road: Curb: $ 1.00 Paving: 26.58 $27.58 per front foot C. The east roadway from the North property line of Park Street to a point 1,004.29 feet north of the NPL of Park Street. Curb. $ 1.00 Paving; 36.14 $37.14 per front foot D. The east roadway from 1,004.29 feet North of the NPL of Park Street to the South Property line of Baker Road. Curb: $ 1.00 Paving: 26.58 $27.58 per front foot 5449 Mr. Busch stated these figures are based purely on cost factors - Not enhancement. In describing the project, Mr. Busch stated the project is an extension of a road constructed in 1968, that started at Decker Drive and terminated at the South property line of Park Street. The extension will be a divided roadway, from Park Street to the vicinity of Spur 201, three lanes on either side of a painted median. Storm sewers are incorporated into the project; this will carry a small portion of drainage to the Schilling Street outfall ditch, and the rest to the east fork of Goose Creek Stream. During further questioning, Mr. Busch stated that in 1965 Baytown adopted a Master Thoroughfare Plan, in which Garth Road was designated a major thoroughfare to be improved. Mr. Busch did consult with the state highway department and a traffic consultant in preparation of the plans. After reviewing the plans with Council, the plans were adopted, and Mr. Busch was authorized- to go out for bids. Mrs. Leola B. Greer, 3303 Garth Road, questioned Mr. Busch regarding the estimated assessments, and when the amount assessed would be due the City. Mr. Busch ansewered by stating again that his figures are only maximum amounts, based purely on construction cost. Payments are made 30 days after acceptance of the construction by the City Council, with five future installments payable yearly, including accrued interest on the balance. 5450 June 28, 1973 Mr. Andy Braswell, 3001 Garth Road, questioned Mr. Busch regarding the size drainage culvert that is planned from the hospital south; Mr. Braswell referred to the recent 13 -inch rain, in one hour, which Baytown experienced. Mr. Busch stated that the designed storm sewer will accommodate a 5.4" rain per hour; and that it is not economically possible to construct a storm sewer to accommodate a 13" rain per hour. Mr. Braswell stated his concern was to have the flooding that occurs on the east side of the road relieved. Mr. J. C. Cates, 715 Inwood, questioned Mr. Busch as to the grade of the road from Gulf Coast Hospital to Goose Creek. He and Mr. Busch stepped outside the Council Chamber to refer to the detailed plans. Mr. Richardson then introduced for record, a publisher's affidavit of publication of the notice as required by law, and also an affidavit of the City Clerk certifying that notices were sent to property owners of Garth Road as appeared on the City of Baytown's assessed tax rolls. Mr. Richardson then called Mr. James W. Fonteno. Being questioned by Mr. Richardson, Mr. Fonteno gave the following testimony. Mr. Fonteno, a real estate consultant for 13 years, has lived in Nassau Bay for four years. He is a former Baytonian, and is familiar with values of land in Baytown in general, and in the immediate vicinity of Garth Road. Mr. Fonteno has made a personal inspection of the area of the proposed improvements. He has been shown the plans for construction of the improvements of Garth Road, from Park Street to Baker road, and fully understands the nature of the work to be done as well as a layman can. Mr. Fonteno does understand the effect the improvements will have on the value of land on the abutting right of way; he is familiar with the cost of the improvement as testiffied by Mr. Busch, and published in the newspaper. Mr. Fonteno has a professional opinion of enhancement to property abutting Garth Road. Mr. Fonteno stated that some property will benefit from the improvements, and some will not. He then read from a prepared statement regarding the amount of enhancement to abutting property: A. All property being used as commercial or industrial and vacant unrestricted property: Curbs Paving $1.00 $10.00 Total $11.00 Per Front Foot B. All unrestricted property improved with and being used as single family residential: Curbs Paving $1.00 $ 6.00 Total $ 7.00 per front foot C. All property with valid restrictions to single family residential use: 1. Front abutting: Curbs Paving Total $1.00 $3.00 $4.00 per front foot 2. Side Abutting Curbs Paving Total $1.00 $1.50 $2.50 per front foot EXCEPTIONS: 1. All shallow depth and /or irregular shaped property should be assessed on a formula of 100' average depth equal to 100% of applicable assessment. 2. All property rendered useless by easements NO BENEFIT 3. Low property along Flood Control easement NO BENEFIT 17 June 28, 1973 1 4. All property having existing curbs will not be assessed for new curbs (applicable rate will be reduced by $1.00) 5. All non - restricted property improved and being used as single family residential and having more than 100' frontage will be assessed: 100' @ $7.00 PFF remainder @ $11.00 PFF Mr. Fonteno concluded by stating the figures are his opinion of enhancement to abutting property. Persons in the audience were then given an opportunity to ask questions of Mr. Fonteno. 5451 Mr. W. J. Toups, corner of Morrell and Garth, inquired what his assessment would be. Mrl Fonteno replied that Mr. Toups' property is being used as a single family residence; assessment could be $7.00 per front foot subject to the depth factor. Mr. Toups stated his objection to being assessed because he has been forced to sell 25 feet of his property for right -of -way for Garth Road. Also, he has been trying to obtain help from the City for twenty two years for drainage problem, but has received no help. Mr. Fonteno explained that the assessment is not for drainage. Mrs. Greer, 3303 Garth, asked how her property would be classified. Mr. Fonteno stated her property is commercial because the building on her property is commercial; assessment could be $11.00 per front foot. Mrs. Greer inquired if any more right -of -way would be purchased by the City. Mayor Gentry stated that all right -of -way has eigher been purchased or condemned. Mr. A. M. Howell asked if Mr. Fonteno is familiar with Lots 1, 2, and 3, of Block L. Ridgewood Subdivision, and if he could state what the lots are worth. Mr. Fonteo stated he is familiar with the lots, however, is not familiar with their market value. Mr. Howell then asked how Mr. Fonteo arrived at the enhancement value, not being familiar with the market value. Mr. Fonteno replied that he was not charged with the responsibility of appraising each individual property; he was to determine only the benefits, if any, to abutting property. Mr. Fonteno was of the opinion that the lots in question would benefit from Garth Road improvements. Mr. Howell read a letter from Chateau Realty, which stated the three lots have been listed at $5,550 per lot for ninety days. Because the property is strictly residentail, Mr. Howell could see no benefit or enhancement to the property, and offered to sell all three lots for $4,150 to anyone on the City Council. He said that is what he thinks of the enhancement. Mrs. Virgil Altwein, 3126 Garth, stepped forward and complimented Mr. Fonteno and Councilwoman Wilbanks for their service in helping her understand the assessment. Mayor Gentry inquired if Mr. Fonteno had found any property abutting the road that would not benefit from the improvement. Mr. Fonteno replied that there is some property, such as easements, however, he will have to determine these before the assessments are finalized. Mr. Bob Stipe, owner of property at Park St and Garth Road, stated that he has been damaged more than any other person along Garth Road, because the City acquired 25 feet on both sides of the 70 foot lot. He asked how he could possibly be enhanced. Mr. Fonteno stated it was his understaining that Mr. Stipe had been compensated for this right of way following litigation . City Attorney Neel Richardson then stated that he had no other witnessses to give testimony. Mayor Gentry then declared the City's case closed. At this point, Mayor Gentry referred to the register signed by property owners at the beginning of the Hearing, and stated each person would be called to give testimony in order in which they signed the register. 5452 June 28, 1973 Mrs. Virgil C. Altwein, 3126 Garth Road, inquired if she would be compensated for her driveway, which will be cut in half, and if there would be any physical damage to her property during construction, such as damage to shrubbery. Mr. Johnny Busch stated that the ditches along Garth will be filled, the driveways reconnected, and that the contractor has no privilege to enter Mrs. Altwein's private prbperty. Mr. Virgil C. ALtwein, 3126 Garth Road, has no questions. Mr. H. G. Adair, 3500 Garth Road, stated he had supplied the materials for property drainage along his property. He stated his property would not possibly benefit from Garth Road improvement, and called the assessments that were published, outrageous. Mr. C. E. Smith, 714 Harold Lane, owns a small shopping center on Garth; his residence is behind the shopping center on Harold Lane. Mr. Smith stated that twice this hear his shopping center has been flooded by -rain; when Garth Road is cut down, and paved, he fears even more flooding which will in turn decrease the value of his property. For this reason, he can see no enhancement to his property from Garth Road improvement. Mr. Johnny Busch replied that his opinion is that the improvement will greatly improve drainage. Mr. Bob Stipe, and Mr. B. B. Williams were called, who deferred their testimony. Mr. Andy Braselll, 2001 Garth Road, stated the notices mailed to property owners were astounding because the notice said nothing about maximum assessments. However, the figures revealed by Mr. Fonteno were slightly soothing. Mr. Braswell compared these figures with past assessments, such as North Main -$7.50 per front foot, and Ward Road - $7.70 per front foot. At this point, Mr. Braswell referred to other thoroughfares designated in the 1970 bond issue. He inquired if it is true that the property owners on Bayway Drive were promised no assessments. Mr. Braswell was informed that no such commitment has been made by the City. He then referred to Baker Road improvements, n which was also in the bond issue, but is not being paved with property owner participation. 1 Mr. Braswell stated his opposition to the assessments is because Garth is a county road, as thoroughfare, and the pamphlet that was distributed supporting the 1970 bond issue did not stipulate that Garth would be -an assessment paving project. He presented a petition signed by 325 property owners on Garth Road opposing any assessment. Mayor Gentry reminded Mr. Braswell that he was to testify only to enhancement to abutting property of the proposed improvement, and not the 1970 bond issue. Discussion followed of the North Main Street and Ward Road projects, and whether or not the enhanced value to those abutting properties woft2d be greater if done in 1973, instead of three or four years ago. in discussion, it was explained that -if N. Main and Ward Road were constructed today, the construction costs would be greater, the benefits to abutting property would be greater, and therefore the assessments would be greater. Mr. Donald Stuart, 3204 Garth Road, stated his property and home could not benefit from the construction of a four -lane highway in front of it. Mrs. Donald Stuart, when called, stated her husband spoke for her. Mrs. E. S. Newcomer, 3206 Garth Road, stated that Mr. Stuart expressed her feelings also. Mr. J. C. Cates, 715 Inwood, said he had owned his property for approximately ' 10# years, and that the value had increased 50 %. However, Mr. Cates did not want to live next to a four -lane highway, as he cannot get onto Garth Road now J from Inwood. He could not see any enhancement to his property. Mrs. B. D. Roden had no comment. Mr. Tex O. Dittman stated he had an interest in property on Garth Road; howevez, Mr. Dittman gave no testimony which related to the proposed improvement, or assessment. June 28, 1973 Mr. C. G. Price, 718 Pamela Drive, had no comment. Mr. David Rogers had no comment. Mr. Fred C. Dittman had no Comment. Mr. A. M. Howell had no further comment. Mr. W. J. Toups stated that the City acquired 25 feet for right -of -way on his property, from 801 Morrell to Garth; his house is now sitting on this right of way and asked if he would now have to move the house. Mr. Richardson replied that according to state law, he cannot have a house on a city easement. i Mr. Billy Angel, who lives in Ridgewood Addition, asked if Garth Road would become "another North Main - a lake." He stated that North Main floods after a one or two -inch rain. Mr. Bob Stipe came forward and Alaimed that his property would not be enhanced. The city has acquired 25 feet on both sides of this 75 -foot lot. Be stated that he has a letter from the city stating that he cannot use his property for a drive -in grocery, or restaurant, because he will have no place for his customers to park. Mr. Stipe has received compensation for this right of way; he stated that the city's expert witness in the condemnation case testified that his property was too small to begin with. Mr. Stipe could see no benefit to the remainder of his property. Following discussion, Mayor Gentry requested Mr. Stipe to document the material he referred to, and present it to Council to help them determine the amount of enhancement, if any, to his property. 5953 Mr. B. B. Williams, representing several property owners on Garth Road, addressed his beginning comments to the 1970 bond issue. He stated the election was illegal to begin with. The proposed assessments for Garth Road are illegal because the bond issue did not stipulate Garth would be a participation project. Also, there should be sufficient funds to do Garth, since Bayway has not yet been improved, Baker is not being improved by the county, and James Street has been taken out of the bond issue. Mr. Williams stated his objections to the notices mailed to property owners on Garth, because the notice said nothing about maximum assessment. And since Garth is a major thoroughfare, the property owners should not be assessed at all. Mr. Williams inquired as to how Council will arrive at a final assessment, and if there would be the possibility of no assessment at all. Mayor Gentry explained that council will take all facts given in testimony during the hearing into consideration before final assessments are made; If Council determines that certain property will not be enhanced by the improvements, then no assessment will be made on that certain property. In any case, the assessments will not be higher than the enhanced value, according to classification, that was given in testimony by Mr. Fonteno. There was some discussion as to how property owners would be notified of Council's final decision of enhancement values. An ordinance will be passed at a public council meeting stating what the assessments, and exceptions, will be. Mr. Williams then concluded his testimony. Councilman Cannon moved to close the public hearing and Council will take the testimony received under advice; Councilman Lander seconded the motion. Ayes: Council members Lander, Bednarski, Pool, Wiibanks, Dittman and Cannon Mayor Gentry Nays: None Mrs. Ruby Hardy - Drainage Mrs. Ruby Hardy, a resident of DeZavala Courts on Dorris Street, appeared in regarding the condition of that street, and problems with drainage. Mrs. Hardy explained that the grounds will not drain after a rain, and the same condition exists in Archer Courts on Clyde Drive. The Housing Authority claims that the City is responsible for filling the yards with dirt to improve the drainage. However, Mr. Richardson pointed out that since the Housing Authority has the deed to the courts, that it is responsible for maintenance of the land,which includes dirt to aid drainage. The only control the City has over the Housing Authority is to appoint its Board of Directors. Mrs. Hardy stated she was of the opinion that the members have served on the board too long to care about the needs of its tenants. Mr. Lanham was directed to alook into the drainage problem On these streets to see if anything can be done to alleviate the problem. Also, the City will point out the fact to the Housing Authority that they are responsible for maintenance of the courts and yards. In the course of discussion, it was noted that Dorris Street is scheduled to be improved with city crews this year. 5454 June 28, 1973 Proposed Ordinance No. 30628 -1, Establish Assessment Rates for Garth Road Council concurred to consider this ordinance during a work session Monday at 5:00 p.m. Chambers County Airport Mr. Lanham referred to a letter received from Mr. William L. Metzger, senior project manager for Engineers of the Southwest, regarding feelings aof the Baytown City Council in regard to public air port facilities in Chambers County. Chambers County has taken steps to secure property near Mont Belvieu for an airport to serve that area. Mr. Metzger requested an indication from Council as to what action, if any, might be contemplated regarding public acquisition or development by the City of Baytown in the near future. If the City of Baytown feels that the municipal facility at La Porte, plus the privately owned Humphrey Airport in Baytown will serve the needs of this area, Engineers of the Southwest will then support development of the Chambers County Airport. u Proposed Ordinance No. 30628 -2, Amend Sewer Line Ordinance Appendix B of the Code pertaining to engineering and construction standards for subdivisions states that subdividers "may" use certain materials for sewer lines. The materials set out in the ordinance are clay and concrete pipe. The City Attorney has determined that this wording does not limit the subdivider to the use of clay or concrete pipe, but that other materials approved by the City Engineer may be used. Proposed ORdinance No. 30628 -2, will amend this section by changing the wording to , 'shall use', and will provide for the addition of PVC plastic pipe to materials that may be used in sewer line construction. Discussion followed as to whether Council should allow subdividers to use PVC plastic pipe, since there is some question as to its durability. Councilman Lander moved to table action on this ordinance until the next oouncil meeting; this will give Council more time to consider the ordinance, and any subdividers who wish to make comments on the ordinance will be given a change to prepare their statements. Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: Councilman Dittman Proposed Ordinance No. _30628 -4, Final Payment to Skrla - Perimeter Road Proposed Ordinance No. 30628 -4 will authorize final payment to Skr1a, Inc. for construction of the Brownwood perimeter road. The amount due it $57,496.41, and the consulting engineers have recommended payment be authorized. Council discussed the overrun on the project of $23,038.65; this was largely because extra base and asphalt had to be installed on West Bayshore Drive, costing $19,546.61. Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1424 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING CERTAIN PROTIONS OF CROW ROAD, MAPLETON AVENUE, SOUTH BAYSHORE DRIVE, WEST BAYSHORE DRIVE, EAST BAYSHORE DRIVE, AND BROWNWOOD DRIVE IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S CONSULTING ENGINEER HAS SO FOUND AND HAS SO CERTIFIED TO THE CITY COUNCIL, AND MAKING OTHER FINDINGS RELATED THERETO; AUTHORIZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Mr. Travis Porter expressed his appreciation, on behalf of residents of Brownwood, to the Council and engineers for the work to the Brownwood Perimeter Road. June 28, 1973 Proposed Resolution No. 447 - Parks & Recreation Resolution No. 447' will authorize the Director of Parks & Recreation to apply for a development grant for the Jenkins- Holloway Park. This was included in thO 1970 Capital Improvements Program. The application will be for $60,000. Councilman Dittman moved to adopt the resolution; Councilman Bednarski seconded the motion: Ayes. Council members Lander, Pool, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None tJ/ RESOLUTION NO. .�i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF RAYTOWN IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION ACT OF 1965, CERTIFYING THAT THE1'CITY OF RAYTOWN IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM, SPECIFICALLY DESIGNATED TWO TRACTS OF LAND FOR THE PURPOSE OF APPLICATION UNDER THE PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Committee Reports 5455 Traffic Committee - Councilman Cannon requested the administration include in the next meeting, along with necessary ordinances, the following recommendation for council consideration: a. Intersections where right turns on red will be prohibited after August 27, when the new law goes into effect. b. Extend the one -way designation on Defee and Sterling Streets down to 7th street. c. Redesign traffic flow at West Main and Alexander. d. The agreement with Southern Pacific Railroad, whereby they would signalize a railroad crossing every year, until they are all signalized. Recommended priorities are (1) North Main & Lobit crossings, (2) Lee Drive, and (3) Texas Avenue crossing. The company should also be requested to smooth out the roadway at several crossings in town. e. The railroad company contends that the City Council agreed to rescind the flagman ordinance if it signalized three of the more dangerous crossings in Baytown. However, no record of this agreement can be found. Mr. Cannon felt Council might want to discuss the ordinance. )% Councilman Lander called a meeting of the Pipeline Committee for Friday, July !r at 5:00 p.m. Accept Petition Councilman Cannon moved to accept the petition that was presented by Mr. Braswell during the Nearing of Benefits; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Adjourn Upon the motion by Councilman Pool, and seconded by Councilman Bednarski, Council voted unanimously to adjourn. APPROVED: � TOM GENTRY, Mayor ATTEST:' N`� EDNA O��l//IVER,, City '(Cll -GF) !/ By: ,(_'i-� l ICJ i , BELINDA BINGHAM, Deputy Zity Clerk