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1973 11 08 CC Minutes5523 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 8, 1973 The City Council of the city of Baytown met in regular session Thursday, November 8, 1973, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Tom Gentry Mayor Jody Lander Councilman *Fred Bednarski,ix. Councilman Charles Pool Councilman Mary B. Wilbanks Councilwoman Henry Dittman Councilman Allen Cannon Councilman Fritz Lanham Neel Richardson Edna Oliver Howard Northcutt City Manager City Attorney City Clerk Asst. City Manager Mayor Gentry called ghe meeting to order and the invocation was offered by Reverend Roy Felder, Pastor of Cedar Bayou Methodist Church. Approve Minutes Councilman Lander moved to approve the minutes of the meeting held October 25, 1973; Councilman Dittman seconded the motion. Ayes: Council members Lander, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None CityManager's Report Mayor Gentry has received a check from a representative of the Environmental Protection Agency as reimbursement for a portion of the expenditures for sanitary sewer improvements in the amount of $1,561,800.00. The total grant for the central district improvements is approximately $2,800,000.00, and this check represents about one -half of that grant. The consulting engineers will present at the next council meeting the plans and specifications for extending sewer service to the newly annexed area of the Sports Complex. For several years, the city has been paying the rent on an office for the Texas Employment Commission on East Texas Avenue. The suggestion has been made, however, to move their offices to the old court building. This is owned by the county, and Commissioner Bray has indicated that he has no objections to this arrangement. A few minor repairs will need to be made, and a window air conditioner will have to be acquired for the office. Council offered no objection. The Baytown Police Association and Baytown Firefighters' Local has requested a meeting with council to discuss their request for a pay increase. Council concurred to meet Tuesday, November 13, at 6:30 a.m. in the conference room of City Hall. The books on last year's budget have been closed. The surplus in the Water & Sewer Fund is $126,919.43, which is $28,985 above the estimate. The surpdus in the General Fund is $91,048.14, which is $61,503.00 below the estimate. F The officialcpening for the three parks just completed will be held November 29. Council will meet at the Community Building at 11:00 a.m., and travel from there to Duke Hill Park, then to Tejas Park, and then have lunch as Westwood Park. HUD officials have been invited to attend. The installation of the pipe in the ditch between Inwood & Pamela Streets should be completed next week. Work should begin on the ditch near the Whitehall Apartments in two weeks. Drainage work on Kilgore Road is presently underway. This work is being done by city forces. 5524 November 8, 1973 The sliplining of the sewerline on Humble Street has been completed with the exception of six taps. This was authorized at the last council meeting. The finance dpeartment, for several months, has been studying the possibility of changing some of the records over to data processing, such as the payroll. Council concurred to meetin a work session with Mr. LeFevre, after the next council meeting, to discuss this possibility. East West Thoroughfare - Brown & Root has completed the excavation work between Seventh Street and Highway 146. The extension of water lines to the Sports Complex and area has been completed with the exception of the portion that was authorized at the last council meeting. The progress has been good at the Sports Complex, with the project about 90% complete. The slab for a portion of the Municipal Service Center was poured today. Sanitary Sewer Improvements - Contract #1 is 96% complete. The contract was given a 120 -day extension because of the late delivery of materials; this was beyond the contractor's control. Contract #2 is 70% complete; Contract #3 is 87% complete; Contract #4 is 47% complete; Contract #5 is 31% complete; and Contract #6 is 20% complete. Award Bid - Hospitalization and Life Insurance Three bids were received for employees hospitalization and life insurance. Sam Alford, local broker: No Bid Republic National Life Life Ins & AD & D 640 per $1,000 Employee Only $16.58 Employee & spouse 38.56 Employee & Child /ren 32.09 Emp, Spouse, & Child /ren 54.07 Fidelity Bankers Life Life Ins & AD &D 640 per $1,000 Employee only $15.74 Employee & spouse 35.77 Employee & child /ren 29.52 Emp, spouse & child /ren 50.06 I The Employee Insurance Advisory Committee met with representatives of both Republic and Fidelity, and voted 4 -3 to award the bid to low bidder, Fidelity Bankers Life. Mr. David Evans, representative of Fidelity, in discussion with council, guaranteed that his company would provide the exact same coverage as the employees are now receiving, and that anyone who has satisfied their deductible with Republic National would be recognized as having satisfied their deductible with Fidelity Bankers. ( *Councilman Bednarski present) Fidelity is recommended in Best's Insurance Reports, as is Republic National. Mr. Evans pointed out that he would personally take care of all insurance claims, and felt it would be advantageous to the city to have a local representative. Following a lengthy discussion with Mr. Evans, Councilman Pool moved to accept the administration's recommendation and award the bid to Fidelity Bankers Life Insurance Company; Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Dittman and Cannon Nays: Council members Bednarski- and Wilbanks Abstain: Mayor Gentry ORDINANCE N0. 1493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIDELITY BANKERS LIFE INSURANCE COMPANY FOR A GROUP INSURANCE POLICY PROVIDING FOR LIFE INSURANCE, MAJOR MEDICAL BENEFITS, AND BASIC MEDICAL BENEFITS FOR THE CITY OF BAYTOWN EMPLOYEES; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH FIDELITY BANKERS LIFE INSURANCE COMPANY, AND DIRECTING PAYMENT OF PREMIUMS PURSUANT TO THE TERMS OF SAID CONTRACT AND PROVIDING FOR THE EFFECTIVE 1 DATE HEREOF.► November 8;1973 Committee for the Elderly 5525 Mrs. Edna Gray, chairman of the Committee for the Elderly, appeared to make a recommendation of the committee. After many months of study, the committee recommends to offer services of transportation to people, 55 years of age and older, to their doctor, to grocery stores, and to a pharmacy or drug store for medicine, that have no other means of transportation. The City and committee have negotiated with the ambulance service in Baytown to furnish this transportation at an estimated cost of $700 per month: Drivers $345.00 Car Rental 135.00 Liability Insurance 30.00 Gas, Oil, Tires, etc. 200.00 $700.00 There will be certain rules of procedure and all applicants will be screened for qualifications. All persons desiring this service must live within the city limits of Batyown. A driver and vehicle for this program will be located at the Baytown Ambulance Office, and calls from elderly persons desiring this service will be made to that office. Approximately $15,000 has been appropriated from Revenue Sharing Funds for services to the aged. Councilman Lander moved to accept the committee's recommendation and authorize a contract between the City and Mr. Jess Navarre, Baytown Ambulance Service; Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Change Order - Phase III of the 1973 Street Improvement Program The City has received approval of tis application for reimbursement of funds expended as a result of the rain and flooding during June. The total amount approved is $18,284. Of this amount, approximately $2,000 was designated to be applied to the cost of repairing Tenth Street, from East James to East Fayle. This cost of repair is estimated to be $14,685. One of the requirements for reimbursement is that work be completed by October 15; however, the city has requested an extension of time, until January 15, 1974. Mr. Lanham recommended Tenth Street, from East James to East Fayle be added to Phase LII of the 1973 Street Improvement Program. Councilman Pool moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Consider Change Order to Garth Road contract This item is delayed pending settlement of right of way matters. Consider Bid - Paint for Planning 6 Traffic Department - Two bids were received for the purchase of paint for the planning 6 traffic department: COOKPAT-NT CO. 400 gal @ $4.01 per gal. $1,604.00 800 gal @ $4.01 per gal. $3,208.00 $4,812.00 McCONE PAINT: 400 gal @ $7.50 per gal. $3,000.00 800 gal @ $9.92 per gal. $7,936.00 530,936.00 Because of the excessive prices in these bids, Mr. Lanham recommended council reject all bids. There remains several months in the present contract for paint, and the city can still purchase the needed paing under this contract. Council concurred to accept the recommendation, and took no action on the ordinance awarding the bid. Z):)60 November 8, 1973 Signalization of Sterling & Decker Drive Intersection Plans and specifications for the signalization of Sterling Street and Decker Drive have been prepared; estimated cost is $10,000. Mr. Lanham recommended council authorization to advertise for bids. Councilman Cannon moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Reduce Speed Limit on Park Street during Construction Exxon has requested that the speed .limit on Park Street, between Airhart and Bayway be reduced to 30 miles per hour. This request is prompted because of the construction planned by Exxon in this area for the next three years. The traffic committee has considered this request and recommends approval. Councilman Dittman moved to grant the request; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON PARK FROM AIRHART TO BAYWAY, PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Authorize Installation of Stop Signs at Various Intersections The traffic committee has recommended that stop signs be placed at the following locations: McPhail at Singleton; Adoueat Seventh; Cypress at Cedar Proposed Ordinance NO. 31108 -4 will authorize installation of the stop signs. Councilman Cannon moved to adopt the ordinance; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO.1495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR STOP SIGNS AT VARIOUS INTERSECTIONS WITHIN THE CITY OF BAYTOWN, PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Authorize Traffic Signal at Intersection of Baytown Avenue and Park Street. Exxon has requested the installation of a traffic signal at the intersection of Baytown Avenue and Park Street, due to the construction planned in this area. Exxon has agreed to furnish the materials if the city will install the equipment. The traffic committee has recommended approval. Councilman Bednarski moved to approve the request; Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1496 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT BAYTOWN AVENUE AND PARK STREET, PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. November 8, 1973 Authorize Removal of Nonwarranted Traffic Signals, and Installation of Stop Signs 5527 Several months ago, council authorized the covering of traffic signals at four intersections: (1) Harbour & Market (2) East Texas & Second (3) Ashbel & Defee and (4) West Texas & Whiting. The traffic committee has recommended that the signals be removed at the first three intersections and stop signs be placed there. Since Whiting Street is presently being improved, and this street carries traffic to and from Lee College, the committee prefers to study this intersection for a longer period of Lim. Councilman Cannon moved to approve the recommendation; Councilman Dittman seconded the motion:' Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE REMOVAL OF UNWARRANTED TRAFFIC SIGNALS AT VARIOUS INTERSECTIONS AND THE SUBSTITUTION OF STOP SIGNS; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider the Deletion of Portion of Fire Zone Mr. GEne Branscome is in the process of constructing an apartment complex on Garth Road and has discovered that a portion of his property is within the fire zone. Although the Planning Commission approved Mr. Branscome's development, the situation with the fire zone was not discuvered until he applied for a building permit. Mr. Branscome has requested that the portion of his property be deleted from the fire zone; Mr. Lanham explained that the administration has no objection to this request. The question was raised concerning the effect, if any, this would have on something that is constructed on property adjacent to the apartments, such as distance required between buildings. The Code of Ordinances was reviewed, and verified that there would be no effect on anything constructed on property abutting the apartments. Councilman Lander moved to delete Mr. Branscome's property from the fire zone:; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and CAnnon Mayor Gentry Nays: None ORDINANCE NO. 1498. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENTS OF CHAPTER 7, "BUILDINGS," SECTION 7.2, PROPERTY EXEMPTED FROM FIRE ZONES, TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION 7.2, PROPERTY DELETED FROM FIRE ZONES; REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Police Vehicles Bids were received November 1 for the purchase of 7 -9 standard size vehicles, and ,11 smaller vehicles for the police department. Low bidder for 9 standard size cars was Lumus Baytown Dodge, in the amount of $32,078.35, and Mr. Lanham recommended this portion of the bid be awarded. The requirements for the smaller cars specified "Leece Neville" alternators. However, the two of the bidders, Lumus and Page Dittman, took exception to the specifications stating that this particular alternator is not available; Hugh Wood Ford �I did meet the specifications of this alternator, however, was higher. After discussion with the Chief of Police, it has been decided that the Lee Neville alternator is not needed for smaller cars, and Mr. Lanham recommended that the bids be rejected and re- advertised, deleting the Leece Neville alternator. This would satisfy the city's need and would also be fair to the bidders. Councilman Bednarski moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1499 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LUMUS BAYTOWN DODGE FOR THE PURCHASE OF ITEM NO. I, CITY OF BAYTOWN BID NO. 7311 -6, AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THIRTY -TWO THOUSAND SEVENTY -EIGHT AND 75 /loo ($32,078.75)DOLLARS WITH REGARD TO SUCH ACCEPTANCE, 5528 November 8, 1973 General Telephone - Rate Increase Mayor Gentry called for consideration of the request for a rate increase by General Telephone, and requested any persons desiring to speak in regard to this to approach the council and give their testimony. TWO Baytown citizens, Mr. Allen Johnson and Mr. Eldon Berry, spoke in detail about their problems with the telephone company and the quality of service it renders. Both gentlemen urged council to use their tax money to fight General Telephone in court and to deny their request for a rate increase. The main points of discussion were the quality of service that General Telephone renders, the large increase in installation charges, and the fact that General received a rate increase in 1971. a Following a very lengthy discussion with Mr. Chappell, General Manager of General Telephone, Councilman Lander moved to grant an increase equal to what the City of Houston granted Southwestern Bell in the 2nd tier, however, the rates for 2 -party residential will not increase; Councilman Dittman seconded the motion. For clarification, Mr. Lander explained the intent of his motion was to grant the increase in installation charges also. The caption of the ordinance was read, and the vote was taken: Ayes: Council members Lander, Dittman, Cannon and Wilbanks Nays: Council members Bednarski, and Pool Mayor Gentry ORDINANCE NO. 1500 AN ORDINANCE FIXING AND DETERMINING THE RATES AND CHARGES FOR COMBINED LOCAL EXCHANGE TELEPHONE SERVICE AND EXTENDED -AREA SERVICE AND FOR MISCELLANEOUS SERVICES OF GENERAL TELEPHONE COMPANY OF THE SOUTHWEST IN THE CITY OF BAYTOWN, TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00); ESTABLISHING AN EFFECTIVE DATE FOR 21HE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION HEREOF. Close Rearing of Benefits and Establish Assessment Rate for Tenth Street Paving At the last council meeting, Mr. Otis Graham, appraiser, testified that the abutting properties to Tenth Street, when paved, would be enhanced a minimum of $13.97 per front foot. Mr. Eastham, who owns the Holly Inn, testified that his property would receive no enhancement because the back of his business abutts Tenth Street, and there is no access to Tenth Street from his building. Councilman Dittman moved to accept Mr. Graham's opinion of enhancement to property, with the exception of Mr. Eastham's property, to which only the charge for curb & gutter would be made. This motion died for lack of a second. Councilman Lander moved to accept the appraiswes opinion of enhancement to property abutting Tenth Street, with the exception of Mr. Eastham's property, to which an assessment would be levied amounting to 25% of the paving assessment and full cost for curb & gutter assessment; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman Nays: - Councilman Cannon and Mayor Gentry ORDINANCE NO. 1501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE NEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON TENTH STREET WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS, AS TO THE SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY,, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND TO CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENT HEREINBELOW MADE; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF .PROPERTY AND THE OWNERS THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5529 November 8, 1973 Authorize Change Order, Sanitary Sewer Contract #1 At the council meeting held August 9, council discussed the recommmendation of Langford Engineering to delete 665 feet of 24 -inch gravity sewer line from the contract of Bayshore Constructors 03), and to add an alternate program to the contract with Tidal Construction Company ( #1). This was recommended because of an unknown structure discovered by Bayshore when construction was underway on West Main. The deletion will be a fixed cost of $32,565.00, however, with variable costs such as timber left in trench and shell bedding, the total deletion could amount to $45,000 to $59,000. The alternate program, if added to the contract with Tidal, will cost $17,220. Mr. Lanham recommended council authorize the deletion from Bayshore's contract. !Councilman. Pool moved to accept the recommendation; Coundlman Bednarski seconded the matron: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Councilman Pool moved to approve the change order to contract #1. Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Proposed ordinance No. 31108 -9 will approrpiate the $17,220.00 for the addition to contract #1. 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.1502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO CONTRACT NO. 1, JOB NO. 44A, SANITARY SEWER CONTRACT WITH TIDAL CONSTRUCTION, INC., MAKING AN APPROPRIATION OF AVAILABLE FUNDS TO PAY FOR THE COST OF SAID IMPROVEMENT UNDER SAID CHANGE ORDER, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Adjourn Mayor Gentry declared the meeting adjourned to an executive session for discussion of right of way matters and pending litigation. APPROVED: TOM GENTRY, Mayor ATTEST: �'44"J 6� EDNA OLIVER, City Clerk