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1973 10 25 CC Minutes5516 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 25, 1973 The City Council of the City of Baytown met in regular session, Thursday, October 25, 1973, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The follwoing members were in attendance: Jody Lander Fred Bednarski, Jr. Mary E. Wilbanks Henry Dittman Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Edna Oliver Howard Northcutt Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney city Clerk Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by Reverend Dick Wells, Pastor of Westminster Presbyterial Church. Approve Minutes Councilman Dittman moved the approval of the minutes of the meeting held October 11, 1973; Councilman Bednarski seconded the motion. One Correcteion was made regarding the Lakewood Treatment Plant - "Mr. Lanham explained that an investigation of this problem is underway, and a report would be made ata future meeting." The vote to approve the minutes as amended was unanimous in favor. Mayor Gentry then called for consideration of the minutes of the minutes of the emergency meeting held October 17 for the purpose of awarding a bid for the punccase of a garbage packer truck. Councilman Cannon requested an addition to the minutes to reflect the 3 -4,000 dollar savings the city will realize by the acceptance of a vehicle that could be delivered in 7 -10 days. Councilman Cannon moved to approve the minutes as amended. Councilman Dittman seconded the motion. The vote was unanimous in favor. City Manager's Report Mr. Lanham has received a copy of the Governor's letter to the federal disaster assistance agency, asking that federal financial assistance be made available to Baytown for low- interest rate loans. A reply from the federal government has not been received. The new garbage packer unit just purchased has been received and is in service. There are now ten garbage routes in the city. Two bids were received for employees' insurance; the insurance committee is studying the bids and meeting with representatives of the two companies. This item will be on the agenda of the November 8th council meeting. The committee studying the problems of the senior citizens in this community are prepared to make a recommendation at the next regular meeting. Some difficulty has been experienced with the flextran sewer pipe that was installed on Bowie Drive. John Manville, the supplier of this pipe, has been contacted, and Mr. Lanham has received a letter indicating that even though the warranty on this product has expired, that the pipe will be replaced with an equivalent amount of flextran in accordance with the warranty terms. Because Mr.Mansville's letter does not specifically state at whose expense the pipe will be replaced, Mr. Lanham recommended council authorize a reply, accepting the terms and making it clear that there will be no cost to the City of Baytown. Councilman Cannon moved to authorize this reply] motion seconded by Councilman Lander: Ayes: Council members Lander, BEdnarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None 5517 City Manager's Report The second council meeting in November falls on Thanksgiving; Council concurred to meeting Tuesday, November 20, at 6:30 p.m. instead of Thanksgiving. The City employees have requested their" "floating holiday" this year be observed on Christmas Eve. Council offered no objection. The consulting engineers, with the concurrence of the Parks 6 Recreation Department, has recommended a change in plans for the construction of the bulkhead at Roseland Park - -along the small channel that has been cut between the park and Cedar Cove Subdivision. The recommendation is to construct an earthen levy there instead of a bulkhad. This would allow for the completion of the bulkhead within the moneys budgeted. Mr. Lanham recommended the change be approved. Councilman Bednarski moved to approve the change in construction as recommended; Councilman Lander seconded the motion: Ayes. Council members Lander, BEdnarski, Wilbanks, Dittman andCannon Mayor Gentry' Nays: None A collapsed sewer line has resulted from the contractor beginning work on West Humble Street. Mr. Lanham recommended 1215' of this 10" line be sliplined at a cost of $9,580; this will include 26 taps. Councilman Cannon moved to accept the recommendation; Councilman Bednarski seconded the motion, Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry: Nays: 'None Sanitary Sewer Improvements - Contract #1 (West Main Plant ) 91% complete. Contract #2 (lift stations) 65% complete. Contract #3 (Central district sewer mains ) 85% complete. Contract #4 (Middle Goose Creek interceptor) 40% complete. Contract #5 (Upper Goose Creek Interceptor) 30% complete. Contract #6 (lines in various parts of city) 17% complete. East -West Thoroughfare - the contract is excavaging the portion of Defee - Sterling from Seventh Street to Highway 146. Waterlines to Dent Addition 8 Sports Complex - this project is nearing completion. The lines should be pressure tested next week, and bacteriological tests made. The engineer has recommended an addition to this contract in order to provide service to residents on South Road. The estimated cost of this addition is $5,000. The residents on South Road are within Baytown's City limits. Councilman Cannon moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes. Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None The Sports Complex is about 88% complete; N. C. Foote Park is approximately 80% complete. Councilman Dittman requested the Administration look into the possibility of paper pick -up in the City. Forth Worth recently has put a program of this nature into operation and has proven to be very successful. This would bring additional revenue into the City from the sale of paper for recycling, and would also extend the use of theCoady landfill to some degree. Mr. Lanham will contact other cities and make a report in the near future. r Hearing of Benefits - Tenth Street Improvement AT 7:05 p.m., Mayor Gentry declared the hearing of benefits for the Tenth Street assessment paving project to be in session. Assistant City Attorney Jon Pfennig called as the city's first witness, Mr. Jim Hutchison, and Mayor Gentry administered the oath to Mr. Hutchison. Being questioned, Mr. Hutchison stated he is associated with the firm of Beach, Hutchison 6 Associates, which is the firm of consulting engineers for the City's Tenth Street Paving project. Mr. Hutchison explained the general type and nature of the planned improvements, which is a reinforced concrete street, with curb and gutter, and drainage structures extending from East Fayle to Ward Road. 5518 Mr. Hutchison has prepared cost estimates for this construction: cost for the pavement is $11.70 per square foot; total project cost is $90,598.25. The maximum front foot assessment for the curb & gutter is $1.20 per front foot, and ,12.67 per front foot for paving, making a total proposed assessment rate, per front foot, of $13.87. This is based on the excavation that is necessary, lime stabilization of the subgrade, pavement and curb. Mr. Pfennig then introduced documents indicating that the notice of the hearing was published in the Baytown Sun, and an affadavit from the City Clerk that notices were sent to property owners. Mr. Pfennig then called Mr. Otis Graham as the city's second witness. MI Mayor Gentry administer the oath. Mr. Graham, being questioned, stated he resides at 1901 Mockingbird Lane in Baytown. Mr. Graham's profession is zeal estate - appraisals, sales, exchanges. Mr. Graham was licensed in 1946, and has been active in real estate, full -time, for the past eight years. Mr. Graham is a member oftheBay Area Board of Realtors, Texas Association of Realtors, National Association of Realtors, National Institute of Farming Land Brokers, National Institute of Real Estate Brokers, and Texas Exchangers. Mr. Graham has testified in various courts of the state, i.e., district court- Chambers County, two county courts of Harris county & county court of Chambers County. Mr. Graham is familiar with real estate values in Baytown, and is familiar with the plans for Tenth Street paving project, or the general nature and type of improvements. Mr. Graham is also familiar with the property abutting Tenth Street. Mr. Graham's opinion of the enhancement to the abutting property on Tenth Street, if improved, is a minimum of $13.87 per front foot. Mr. Graham's opinion is based on knowledge of real estate in this area, and of undeveloped as opposed to developed property. Mr. Graham's testimony ended presentation of the city's case. Mayor Gentry then called Mr. J. D. Eastham, who had previously indicated a desire to be heard, and administered the oath. Mr. Eastham began by stating he owns the Holly Inn, which abutts approximately 215 front feet on Tenth Street. All but twenty feet of this land is odcuppied by the Inn, and the twenty feet is a conditional easement which is not occuppied. Mr. Eastham's customers do not use Tenth Street, and the drainage there is adequate; therefore, Mr. Eastham requested to know how his property could be enhanced by the paving of Tenth Street. Mr. Otis Graham was called to answer Mr. Eastham's questions. Mr. Graham stated that Mr. Eastham's property was not being put to the "highest and best use." Enhancement is based onthe "highest and best use" and not current use. If the current use is the basis for enhancement, a vacant piece of property could never be enhanced. Following discussion, Councilman Cannon moved to close the hearing; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Mayor Gentry suggested council delay action on proposed Ordinance No. 31025 -2, in order to give council time to consider Mr. Eastham's testimony. This ordinance ' will establish the assessment rate. Proposed Ordinance NO. 31025 -3, Baytown Little League Proposed Ordinance NO. 31025 -3 will authroize:a contract with the Baytown Little League in regard to affording financial assistance to the Baytown Little League in the amount of $2100, This amount was budgeted and Mr. Lanham recommended approval. Councilman Dittman moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. .q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AND CONTRACT WITH THE BAYTOWN LITTLE LEAGUES WITH REGARD TO SUPERVISION OF THE LITTLE LEAGUE PROGRAM IN THE CITY OF BAYTOWN AND AUTHORIZING PAYMENT BY THE CITY OF TWO THOUSAND ONE HUNDRED AND N01100 ($2,100.00) DOLLARS WITH REGARD TO SUCH AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. October 25, 1973 Proposed Ordinance No. 31025 -41 Baytown Optimist Club 5519 Proposed Ordinance NO. 31025 -4 will enter into a contract with Baytown Optimist Club in regard to Teenage Baseball and Pee Wee Football, to afford financial assistance in the amount of $3500. This amount is budgeted and Mr. Lanham recommended approval. Councilman Dittman moved to adopt this ordinance; Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry r Nays: None ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH THE BAYTOWN OPTIMIST CLUB WITH REGARD TO SUPERVISION OF THE BAYTOWN TEEN -AGE BASEBALL PROGRAM AND THE OPTIMIST PEE WEE FOOTBALL PROGRAM IN THE CITY OF RAYTOWN AND AUTHORIZING PAYMENT BY THE CITY OF THREE THOUSAND FIVE HUNDRED AND NO /100 ($3,500.00) DOLLARS WITH REGARD TO SUCH AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Final Payment for Three Parks Proposed Ordinance No. 31025 -1 will authorize final payment for construction of Duke Bill, Tejas, and Westwood Parks. Work has been completed to the satisfaction of the consulting engineers and the Parks Department. Total amount of the contract initially was $136,238; there was an underrun of approximately $2800. A penalty was invoked because of failure to complete the project with regard to the contract, amounting to $2700, making the total amount of the contract to date $130,728. All of this but $12,548 has been paid the contractor; Mr. Lanham recommended final payment be made. Mr. William Hill, representing Wolfe Construction Company, appeared to protest the penalty because of conditions he felt beyond the company's control. Mr. Hill explained the weather was the main factor in delaying completion of the work; the parks were in areas that are not accessible during bad weather, and the areas are very shaded and therefore dried out very slowly. Mr. Jim Hutchison explained to council that this contract should have been completed during the first part of June, and that the company was granted an extension until September 28. He was of the opinion that the company had adequate time in which to finish the project. Following discussion, Councilman Cannon moved to adopt the ordinance authorizing final payment as recomended, Councilman Bednarski seconded the motion: Ayes: Councilman members Lander, Bednarski, Wilbanks and Cannon Mayor Gentry Nays: None Abstain. Councilman Dittman ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING DEVELOPMENT OF WESTWOOD, DUKE HILL AND TEJAS PARKS; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACTS; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE, EXCEPT FOR GRADING AND CLEANUP PROCEDURES IN ONE AREA OF WESTWOOD PARK; AUTHORIZING THE FINAL PAYMENT TO THE SAID WOLFE CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid for Sale of Portable Building Three bids were received for the sale of the portable building used at the old police stati on. M. L. Casey. $450.00 Chatham a Holzaepfel: $500.00 R. L. Gaston: $157.50 Mr. Lanham recommended accepting the high bid of Chatham 6 Holzaepfel. Councilwoman Wilbanks moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry �[ p Nays. None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, ACCEPTING THE BID OF CHATHAM 6 HOLZAEPFEL FOR THE PURCHASE BY CHATHAM a HOLZAEPFEL OF A 60' X 8' PORTABLE BUILDING OWNED BY THE CITY OF RAYTOWN FOR THE SUM OF FIVE HUNDRED AND NO /100 ($500.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. 5520 October 25, 1973 Award Bid - Traffic Sign Blanks & Posts Three bids were received for traffic sign blanks and one bid for the posts: Vulcan Signs & Stampings: $2,016.70 (includes posts & stipulates "all or none ") Traffic Supplies, Inc.: Catapho #e Corp: $1,276.88 (without posts) $1,431.25 (without posts) Mr. Lanham recommended awarding the bid to Traffic Supplies, Inc., low bidder on the sign blanks, and that the posts be purchased from another source. Councilman Dittman moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1y,* 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRAFFIC SUPPLIES, INC., FOR THE PURCHASE OF TRAFFIC SIGN MATERIALS LISTED HEREIN ON ".A UNIT PRICE BASIS AND AUTHORIZING THE PAYMENT OF THE UNIT PRICES SPECIFIED HEREIN, WHEN ORDERED, WITH REGARD TO SUCH ACCEPTANCE. Authorize Payment for Fire Administration Building and Fire Station #5 Proposed Ordinance NO. 31025 -7 will authorize payment to Chatham and Holzaepfel of a sum sufficient to increase total payment to 90% for the remodeling of the Fire Administration Building and Fire Station No. 5. With the passage of the ordinance, fire department officials may begin moving into the building. There is some minor work remaining to be done on Fire Station #5, and upon completion, council will be requested to authorize final payment. Councilman Dittman moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. /¢QD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING THAT THE REMODELING OF THE FIRE ADMINISTRATION BUILDING AND FIRE STATION NO. 5 IS SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ARCHITECTS CERTIFICATE OF SUBSTANTIAL COMPLETION; AUTHORIZING THE PAYMENT TO CHATHAM AND HOLZAEPFEL OF A SUM SUFFICIENT TO INCREASE TOTAL PAYMENT OT NINETY (90) PERCENT OF THE CONTRACT SUM, LESS RETAINAGES SPECIFIED BY THE ARCHITECT FOR ALL INCOMPLETE WORK AND UNSETTLED CLAIMS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Phase 4 of 1973 Street Improvement Program Proposed Ordinance No. 31025 -8 will award the bid on Phase 4 of the Street Improvement Program to be financed with Revenue Sharing Funds. Skrla: $157,430.75 80 working days. Brown & Root: $163,820.80 100 working days Warren Bros: $196,023.00 120 working days Mr. Lanham recommended awarding the contract to low bidder, Skrla, Incorporated. Councilman Lander moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None p ORDINANCE NO. 1i j l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SKRLA, INC., OF HOUSTON, TEXAS, FOR THE CONSTRUCTION OF PHASE IV, 1973 STREET IMPROVEMENT PROGRAM AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF ONE HUNDRED FIFTY SEVEN THOUSAND FOUR HUNDRED THIRTY AND 751100 ($157,430.75) DOLLARS WITH REGARD TO SUCH AGREEMENT. u I 552 1 October 25 1973 Authorize Contract with Lockwood Andrews & Newnam The Board of Directors of the Baytown Area WaterAUthority interviewed the engineering firm of Lockwood, Andrews & Newnam and have recommended entering into a contract for a feasibility study for the development of a eater supply system for the Baytown area. Briefly, the study would encompass an evaluation of the alternatives of a surface water supply and a ground water supply north of Baytown. The study would include an analysis of the availability of the supply sources, the costs of securing the water supply, the capital costs of new facilities - supply and distribution, a projection of the operation and maintenance costs of the system, and all sufficient detail for the Authority to determine the comparable costs involved and determine the best alternative to meet the needs of the service area. The fee for this study is a lump sum of $19,300, and would be completed within 75 days of authorization to proceed, with a feasibility report to be made to Council and BAWA by January 10, 1974. Councilma discussed in detail the scope of the study, and the proposed cost. It was pointed out that the contract provides that an appropriate amount of the lump sum cost of the feasibility report will be credited to the percentage fee charged by the engineer for design and construction of any project arising from this study. Following discussion with a representative of Lockwood, Andrews & Newnam, Councilman Lander moved to adopt the ordinance entering into a contract; Councilman Bednarski seconded the motion: ORDINANCE NO. 1492 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 CONTRACT WITH LOCKWOOD, ANDREWS & NEWMAN, INC., TO PROVIDE THE CITY OF BAYTOWN WITH A FEASIBILITY STUDY FOR THE DEVELOPMENT OF A WATER SUPPLY SYSTEM FOR THE SERVICE AREA OF THE BAYTOWN AREA WATER AUTHORITY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ayes: Council members Lander, Bednarski, Wilbanks and Cannon Mayor Gentry Nays: Councilman Dittman Replace Water System in Glen Arbor Subdivision The estimated cost of replacing the waterlines in the Glen Arbor Subdivision is $212,000, exclusive of engineering fees. This was discussed at the last council meeting, and the suggestion was made to divide this area into different projects in hopes of receiving more competitive bids. Mr. Hutchison, consulting engineer, advised council that if this is not bid as one project, there could be as much as 20% increase in cost, due to rising inflation and additional engineering fees. Also, if only the lines between Garth & Columbia are replaced, too much pressure Would be put on the lines between Columbia and North Pruett. For these reasons, the Administration recommended council authorize preparation of plans and specifications for the replacement of waterlines from Garth Road to Columbia Street, in Glen Arbor. Councilman Dittman moved-to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, and Dittman Mayro Gentry Nays: Councilman Cannon Appointment - Pest Control Board Councilman Bednarski moved to appoint Mr. B. D. Harvey to fill the vacancy on the Pest Control Board; Councilman Dittman seconded the motion. This is for the position of layman on the Board: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Councilman Lander moved to appoint Mr. R. D. Cryer to serve as a licensed, pest control operator on this Board; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays; None Baytown Housing Authority Mr. Tom Litras has resigned from the Baytown Housing Authority. Mayor Gentry informed council of the appointment of Mr. Ron Maddox to fill this position. This appointment does not require council approval. 5522 October 25, 1973 General Telephone - Notice of Hearing Mayor Gentry, with council approval, directed the City Attorney to give official notice to General Telephone Company of a hearing, containing an itemization of information which - should be presented at the hearing with copies thereof being furnished to the council prior to that hearing. The items requested follow: 1. A copy of the company's annual report to stockholders for the year 1973; 2. An operating statement covering the Baytown exchange for the twelve- month period ending June 30, 1973; 3. A detailed statement setting-out properties used and .useful in the Baytown exchange, indicating: a) book costs or original costs b) accumulated depreciation of each principal item of property; 4. A schedule of rates now in effect; 5. A schedule of rates desired; 6. The company's version of a fair value rate base and the rate of return to which the company feels it is entitled; 7. Rates and rates of return in other cities in which General Telephone Company of the Southwest provides telephone service based upon fair value of property used and useful in providing service in those cities; 8. Any other evidence that in the opinion of the company officials would be helpful to the council in determining proper telephone rates which are pertinent. Mr. Chappell, General Manager of General Telephone Company, explained that it would require at least three weeks to.a month to get the information in the form requested. Since the council would need about two weeks to review the information after its has been received, this would mean the hearing would be held around the 13th of December, at the earliest. Mr. Chappell stated that his company could not wait this period of time to get relief in their rate situation. Mr. Chappell stated that "we would prefer to have the city council regulate our rates," however, if council will.not take action before next month, we will institute the rates that we have proposed." A brief discussion followed, afterwhich, Mayor Gentry declared the meeting adjourned to an executive session. APPROVED: EDNA_DLIVER, City Clerk_.,,,,,,�