1974 02 28 CC Minutes5576
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF RAYTOWN
February 28, 1974
The City Council of the City of Baytown met in regular session, Thursday,
February 28, 1974, at 6:30 p.m., in the Council Chamber of the Baytown City Ball.
The following members were in attendance:
Mayor Pro Tem Allen Cannon called the meeting to order and the invocation
was offered by Father James P. O'Sullivan, of St. Joseph's Catholic Church.
Approve Minutes & Ratify Actions
Councilman Pool moved to approve the minutes of the meetings held
February 14, and 19, and to ratify the actions taken at those meetings; Councilwoman
Wilbanks seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Pro Tem Cannon
Nays: None
City Manager's Manager's Re�rt
A total of ninety -four people have been certified as being eligible to
receive the services of the Transportation for the Elderly program. In the month of
December, eighteen calls were received, in January this increased to forty -five, and
in February forty -six calls were received. This figure is continuing to increase.
The administration was requested to provide an estimate for operating
two chippers for a one -month period, this would involve two trucks and four men.
Taking into account salaries, maintenance, gasoline, the estimated cost of $3,438.
This will involve hiring four additional workers for one month.
Councilman Dittman moved to authorize hiring one crew to operate one
chipper, and if at such time the chipper should break down, that the other one be
put into operation. This motion received no second, however.
The paper reclamation program continues to be successful, The containers
are being filled within five to seven days.
Even though the Highway Department has not received the funding approval
for the long -range improvements to Bayway Drive, they are proceeding with developing
an environmental impact statement. This is the first step in getting the funding
approved. The State has requested the City indicate the type of construction it would
prefer, if and when this project is funded.
The Statehas proposed four 24 -foot lanes, with a 32 -foot median, and protected
left turn lanes. In the future, should the need arise, additional lanes could be placed
in the center section. No additional right of way will be needed. The ultimate
construction will include curb & gutter, Mr. Jack Morton, city engineer, indicated
the plans are similar to those prepared by the city several years ago.
Councilman Pool moved to approve the tentative plans as presented, Councilman
Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Pro Tem Cannon
Nays: None
Jody Lander
Councilman
Fred Bednarski,Jr.
Councilman
Charles Pool
Councilman
Mary Wilbanks
Councilwoman
Henry Dittman
Councilman
Allen Cannon
Councilman
Fritz Lanham
City Manager
Jon Pfennig
Assistant City Attorney
Edna Oliver
City Clerk
Howard Northcutt
Assistant City Manager
Absent: Tom Gentry
Mayor
Neel Richardson
City Attorney
Mayor Pro Tem Allen Cannon called the meeting to order and the invocation
was offered by Father James P. O'Sullivan, of St. Joseph's Catholic Church.
Approve Minutes & Ratify Actions
Councilman Pool moved to approve the minutes of the meetings held
February 14, and 19, and to ratify the actions taken at those meetings; Councilwoman
Wilbanks seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Pro Tem Cannon
Nays: None
City Manager's Manager's Re�rt
A total of ninety -four people have been certified as being eligible to
receive the services of the Transportation for the Elderly program. In the month of
December, eighteen calls were received, in January this increased to forty -five, and
in February forty -six calls were received. This figure is continuing to increase.
The administration was requested to provide an estimate for operating
two chippers for a one -month period, this would involve two trucks and four men.
Taking into account salaries, maintenance, gasoline, the estimated cost of $3,438.
This will involve hiring four additional workers for one month.
Councilman Dittman moved to authorize hiring one crew to operate one
chipper, and if at such time the chipper should break down, that the other one be
put into operation. This motion received no second, however.
The paper reclamation program continues to be successful, The containers
are being filled within five to seven days.
Even though the Highway Department has not received the funding approval
for the long -range improvements to Bayway Drive, they are proceeding with developing
an environmental impact statement. This is the first step in getting the funding
approved. The State has requested the City indicate the type of construction it would
prefer, if and when this project is funded.
The Statehas proposed four 24 -foot lanes, with a 32 -foot median, and protected
left turn lanes. In the future, should the need arise, additional lanes could be placed
in the center section. No additional right of way will be needed. The ultimate
construction will include curb & gutter, Mr. Jack Morton, city engineer, indicated
the plans are similar to those prepared by the city several years ago.
Councilman Pool moved to approve the tentative plans as presented, Councilman
Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Pro Tem Cannon
Nays: None
5577 February 28, 1974
City Manager's Report, continued
In order to second Councilman Dittman's motion regarding use of
the chipper, Mayor Pro Tem Cannon requested council appoint a temporary chairman,
to enable him to resume his Council seat. Councilwoman Wilbanks moved to appoint
Councilman Lander as temporary chairman of the council meeting; Councilman Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman
Mayor Pro Tem Cannon
Nays: None
Councilman Dittman moved to instruct the administration to take the
necessary steps to hire a crew to operate one chipper for a two -month period of
time, or until a determination is made that it is no longer needed; Councilman
Cannon seconded the motion:
Ayes: Council members Dittman and Cannon
Nays: Council members Bednarski, Pool, Wilbanks
Acting Mayor Pro Tem Lander
Acting Mayor Pro Tem Lander declared the motion defeated. Mr. Cannon then resumed
his position as Mayor Pro Tem.
Mr. Lanham presented a status report on the drainage projects in Baytown,
and commended the Public Works Department for their efforts in relieving drainage
problems in Baytown.
The Inwood Street storm sewer has been installed and some cleanup work
remains. The sixty -inch storm sewer on Schilling Street has been installed and
work completed. The drainage pipe installed in the ditch near Whitehall Apartment
has been completed with the exception of a junction box at the flood control ditch.
Work is underway on Bayway Drive to relieve the flooding at St. James douse and
area. The East, Fayle St project at Danubina is about eighty percent complete.
Work is underway on Massey Tompkins near North Main Street. Kilgore Road, from
the flood control ditch, south of ward Road to Cedar Bayou Road is eighty percent
complete. Other projects on Tri -City Beach Road and Texas Avenue are eighty
percent complete.
Contractors for the 1973 Street Improvement Program have made good
progress during the last couple of weeks. There are three different contracts
in this program.
Capi tat Improvements_ Bond Funds _
Brown & Root has completed the installation of the storms sewer on
Tenth Street.
The East -West Thoroughfare should be complete in two weeks.
Bids will be received March 19 for several projects: (1) Glen Arbor
waterlines (2) Goose Creek storm sewer (3) League of Women Voters and Jenkins - Holloway
Parks
The Contractor is virtually complete with the N. C. Foote Park swimming
pool.
Final acceptance of the Baytown Sports Complex should be made at the
next council meeting.
Sani tarter Sewer IMprovemenn s _
Contract 1 - West Main Treatment Plant - should be completed by April 15.
Contract 2 Lift Stations - total contract is 80% complete. The Texas
Avenue lift station should be in operation by March 15. All materials for this.
contract have been delivered.
Contract 3 - Sewer Mains Central District - 92% complete.
Contract 4 - Middle Goose Creek Interceptor - 80% complete.
Contract 5 - Upper Goose Creek Interceptor - 60% complete.
Contract 6 - Various parts of the city - contract is 75% complete. The
Bay Villa lift station is in service.
The construction of the municipal service center should be completed
in 30 -45 days.
Mayor Pro Tem Cannon requested the administration consider Bob Smith
Road in the next street improvement project.
February 28, 1974 5578
Hear Appeal of Mobile Home Review Board Decision
Mr. Joe Brack, representing Mr. & Mrs. D. R. Reagan, appeared to appeal
a decision of the Mobile Hone Review Board, Mr. Brack explained tht his client
telephoned the City Hall in 1970, and asked if it would be permissible to put a house
trailer adjacent to her home for her mother. Mrs. Reagan does not know which whom
she talked, but was told this would be alright. The Reagan then purchased a
trailer and placed it at the side of their house. When they came to city hall to
gat a water & sewer hookups, they were told that their mobile home was in violation
of the subdivision ordinance, and that a permit could not be obtained. The Reagan
did not move the house trailer, and hooked it onto their utilities in 1970. On
February 23, 1973, Mr. Reagan received a letter from Mr. Frost, chief inspector,
that he was in violation of the Mobile Home Ordinance because he had a mobile home
parked on the side of his house at 1307 Dwinnell Street, Plumwood Section 2. This
ordinance states that no mobile home will be parked in violation of any enforceable
deed restriction. The deed restrictions for Plom000d, Section 20 state that only
single, family residences will be allowed on the lots. The Reagan! case was heard
by the Mobil Hoar Review Board, which upheld Mr. Frost's decision.
Mr. Brack questioned if the deed restrictions in this subdivision are,
in fact, enforceable. He referred to a situation where a building permit was issued
to a resident of Section 5, that permitted him to have a four -car garage; this was
in violation of the deed restrictions. However, Mr. Lanham explained that the city
could not enforce deed restrictions until June of 1969, and that the permit was
issued prior to that time.
Although Mr. Brack questioned if the deed restriction are still enforceable,
he concurred that if one restriction is violated, this does not void the other
restrictions.
Mr. Brack requested council to allow the trailer to remain on the Reagan;
property since it has been there since 1970, and there have been no formal complaints
made about the trailer. Mrs. Reagan's mother does not live in the trailer all the
time, does not cook there, and has a room of her own in the Reagan' house.
Mayor Pro Tem Cannon stated that just because a formal complaint has
not been made against the trailer, this does not necessarily mean that the neighbors
do not find it offensive. Proper procedure would have been to get a permit before
placing the trailer next to their house. Also, the Reagan left the trailer on their
lot after learning it was in violation of the deed restrictions, in 1970.
Mr. Pfennig advised that if council allows the trailer to remain on the
Reagan' property, this will open all of Section 2 for multi - family residences; Mr. Brack
agreed with this. In order to allow the trailer to remain at its present location,
council must rescind the portion of the ordinance providing that no mobile home will
be placed on a lot in violation of deed restrictions.
Councilman Pool moved to table action until the next council meeting;
Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks
Mayor Pro Tem Cannon
Nays: Councilman Dittman
Hear Representative of Firemen & Policemen
Mr. Bill Darling, attorney, appeared to request consideration of a proposed
raise for the members of the Fire and Police Departments.
Because of state statutes concerning pay raises, it does not appear possible
that an "across the board election" for all firemen & policemen can be held. The
law presently allows only the minimum salary to be rasied by an election.
In substituting whas has been done in the past, Mr. Darling proposed
that the firemen's & policemen's groups, and any interested citizens, circulate
petitions to get enough signatures as required by law, to get an election before the
people to raise the minimum salaries of firemen & policemen. This election would be
publicized as not just an election raising the minimum wages, but rather a test of
the will of the people as to whether they approve a raise in the form that will be
publicized. The salary schedules would be widely publicized. THe raises would not
be instituted until the beginning of the next budget year, and do not include cost of
living increases.
Mr. Darling asked that if the citizens of Baytown did approve a minimum
salary raise, as an indication of their approval of a raise for the entire fire & police
departments, would the council abide by this decision of the voters. Mr. Darling
assured council that the proposed pay schedule would be adequately publicized before
the people, including how much money it would cost the city.
Council concurred that if publicized well, and the voters approved the
minimum salary as an indication of their approval of an increase for all policemen
& firemen, that they, as representatives of the citizens, would abide by that decision.
5579 February 28, 1974
Agreement with Harris County - Improvement of Bayway Drive
Proposed Ordinance No. 40228 -1 will enter into an agreement between
Harris County and the City of Baytown for the resurfacing of Bayway Drive, from
San Jacinto Street to Decker Drive. The cost of the project is estimated to
be $140,000, with Baytown's share being half that amount, or $70,000. The money
that will be used for our share will come from budgeted funds that were previously
earmarked for Phase 3 of the 1974 Street Improvement Program; however, by
delaying the improvement of one of the streets- Park Street - the remainder could
still be improved. A reocmmendation may be forthcoming that these streets be
added to existing street contracts, instead of going out for bids.
Mr. Lanham recommended approval of the proposed ordinance.
Councilman Pool moved to accept the recommendation; CouncilmanDittman
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Pro Tem Cannon
Nays: None
ORDINANCE NO. 1533
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF
BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY FOR
THE SUM OF ONE HUNDRED FORTY THOUSAND AND NO 1100 ($.140,000.00)
DOLLARS OR A SUM NOT TO EXCEED FIFTY PERCENT (50 %) OF THE TOTAL
ACTUAL COST AS THE CITY OF BAYTOWN'S PORTION OF THE JOINT
PARTICIPATION BY THE CITY OF BAYTOWN AND HARRIS COUNTY FOR THE
IMPROVEMENT OF BAYWAY DRIVE, A COUNTY ROAD, SITUATED WITHIN THE
CORPORATE LIMITS OF THE CITY AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Authorize Bidding - Phase II, 1974 Street Improvement Program
Mr. Lanham presented the plans and pspecifications. for Phase II
of the 1974 Street Improvement Program. This phase will be financed with
Revenue Sharing funds. Phase II consists of the following streets.
Ferry Road (Pond Gully to Hiway 146, to Massey Tompkins)
John A (Park to Abbott) Peggy (Hiway 146 to West End)
Kilgore Rd(James to north line of apartment site) Riggs (Oak to Lee Dr)
Laredo (W. Texas to Chesapeake) Roseland Drive (through park)
Miriam (Morris to Pruett, & Oak to Lee Dr) Thibodeaux(W.Main to Travis)
North Sixth (Alford to Ward Road)
Kilgore Road will be raised about six inches at James Street; however,
this road will continue to be under water during high tide. If the road is raised
more than six inches, the bridge willhave to be rebuilt. Discussion followed
concerning a way to protect the base from becoming saturated during high tide,
and the suggestion was made to spray hot asphalt on the shoulders of the raadbed.
Mr. Morton, city engineer , indicated this could be included in the bid specifications.
Estimated cost of this project is $190,500. Councilman Pool moved
to authorize bidding; Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool,Wilbanks, and Dittman
Mayor Pro Tem Cannon
Nays: None
Appointments - Museum Advisory Board
The terms of Messrs. I.M. Jones andAlbert Fanestiel on the Museum
Advisory Board will expire April 1. Councilman Lander moved to reappoint Mr. Jones
and Mr. Fanestiel to the Board; Councilman Pool seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Pro Tem Cannon
Nays: None
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February 28, 1974 5580
Planned Unit Development
Proposed Ordinance No. 40228 -2 is an amendment to the subdivision
ordinance, recommended by the Planning Commission, by the addition of a new section,
"Planned Unit Development."
Planned Unit Development is a type of development that falls between
the single family residential subdivision which requires a lot to be a minimum of
6,000 square feet, and the townhouse developments which allow a higher density.
The Planned Unit Devabpment will encourage development of tracts of land large
enough to allow comprehensive planning and yet offer flexibility in the application
of regulations in a manner consistent with the general provisions of the city
regulations. The eligibility of the tract of land, which in most cases will be no
less than four acres of continuous land, will be determined by the Planning Commission.
The ordinance also provides a definition of "Outdoor Living Area or
common outdoor area, designed to provide a healthful environment forthe occupants
of the Planned Unit Development. This includes natural ground areas, ,patios,
terraces, or similar areas developed for active or passive recreational activities.
When such an outdoor area is provided, the Planning Commission would require that
an association of owners be created for the purpose of maintaining such common area.
This will be private property, and will not be maintained by the City of Baytown.
The property owners will automatically be members, and will be subject to assessments
levied to maintain the common outdoor area for the purpose intended.
Following discussion with Mr. Bill Cornelius, planning director, Councilman
Lander moved to adopt the ordinance; Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski , Pool, Wibbanks, and Dittman
Mayor Pro Tem Cannon
Nays: None
ORDINANCE NO. 1554
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, BY THE AMENDMENT OF CHAPTER 27, "SUBDIVISIONS," BY THE AMENDMENT
OF SECTION 27 -2, DEFINITIONS, BY THE ADDITION OF A NEW DEFINITION,
OUTDOOR LIVING AREA, AND BY THE ADDITION OF A NEW ARTICLE VIII, PLANNED
UNIT DEVELOPMENTS; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Award Bid - Scoreboazds for Sports Complex
Informal bids were received for the purchase of four portable baseball
scoreboazds for the Baytown Sports Complex.
STARLITE BY MOON: $2,240.00
VAUGHN 6 ASSOC: $1,960.00
SPECTRUM: $1,920.00
NISSON CORP: No Bid
Mr. Lanham recommended awarding the low bid of Spectrum. Councilman Pool
moved to accept the recommendation; Councilman Lander seconded the motion:
Ayes. Council members Lander, Bednarski, Pool, Wiblanks, and Dittman
Mayor Pro Tom Cannon
Nays: None
ORDINANCE NO. 1555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, ACCEPTING
THE BID OF SPECTRUM FOR THE PURCHASE OF FOUR PORTABLE BASEBALL SCOREBOARDS
TO BE UTILIZED BY THE PARKS B RECREATION DEPARTMENT OF THE CITY OF BAYTOWN
AND AUTHORIZING PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND NINE
HUNDRED TWENTY AND NO /100 ($1,920.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE.
Award Bid - Sound Equipment for Sports Complex
Bids were received for sound equipment for the softball fields and the
swimming pool at the Baytown Sports Complex.
- Softball field Swimming pool
TA£T BROADCASTING: $960.00 $470.00 These are total,
STERLING ELECTRONICS. $885.00 $$356.00 installed prices
Mr. Lanham recommended awarding the low bid of Sterling Electronics.
Councilman Lander moved to accept the recommendation; Councilman Bednarski seconded
the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman
Mayor Pro Tom Cannon
Nays: None
51)b1 February 28, 1974
ORDINANCE NO. 1556
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF STERLING ELECTRONICS FOR THE PURHCASE OF
SOUND EQUIPMENT AND AUTHORIZING THE PAYMENT OF THE SUM OF
ONE THOUSAND TWO HUNDRED FORTY -ONE AND NO 1100 ($2,241.00)
DOLLARS WITH REGARD TO SUCH ACCEPTANCE.
******.Consider Bids - Gasoline & Diesel Fuel for City for One Year
Bids were advertised for the purchase of gasoline and diesel fuel
for one year for the city. However, "No Bids" were received.
The Federal Energy Office regulations requree that the company that s
supplied the city in 1972, must supply the City this year. This company is Texaco.
The Federal Energy Office has also regulated the prices the city will pay for
the fuel:
Premium: .18191ga1 Regular: .2370 1gal Diesel: .21351gal
There was discussion about the prices, in that premium appears to be
cheaper than regular gasoline. However, Purchasing Agent Don Cooke stated that
these figure have been confirmed Proposed Orinance No. 40228 -3 will designate
Texaco, Inc., as the vendor for gasoline.
Councilman Bednarski moved to adopt the ordinance; Councilman Lander
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman
Mayor Pro Tem Cannon
Nays: None
ORDINANCE NO. 1557
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
NAMING A VENDOR UNDER THE MANDATORY PETROLEUM PRODUCTS ALLOCATION
PROGRAM OF THE FEDERAL ENERGY OFFICE TO SUPPLY THE CITY OF BAYTOWN
WITH GASOLINE AND DIESEL FUEL FOR A ONE YEAR PERIOD AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Authorize Warren Brothers to Proceed with Garth Road Assessment Paving Project
Proposed Ordinance No. 40228 -6 will direct Warren Brothers Company
to proceed with improvements to Garth Road, and agrees that upon completion and
acceptance of said improvements, the city will pay for and appropriate additional
funds for improvements to properties exempt from liens and for liens determined
to be invalid by a court of competent jurisdiction.
Councilman Pool moved to adopt the ordinance; CouncilmanBednarski
seconded the motion:
Ayes: Council members Lander,Bednarski, Pool, Wilbanks, and Dittman
Mayor Pro Tam Cannon
Nays: None
ORDINANCE NO. 1558
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.BAYTOWN, TEXAS,
DIRECTING WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF
ASHLAND OIL, INC., CONTRACTOR, TO PROCEED WITH THE IMPROVING OF
CERTAIN PORTIONS OF GARTH ROAD, FROM THE NORTH LINE OF PARK STREET
TO THE SOUTH LINE OF BAKER ROAD, IN THE CITY OF BAYTOWN, TEXAS;
AGREEING UPON THE COMPOLETION OF SAID IMPROVEMENTS AND THE ACCEPTANCE
THEREOF, BY SAID CITY IN ACCORDANCE WITH THE TERMS OF THE CONTRACT
BETWEEN SAID CITY AND SAID CONTRACTOR, DATED DECEMBER 21, 1972, THE
CITY OF BAYTOWN WILL PAY THE CONTRACTOR FOR THE CONSTRUCTION OF
SAID IMPROVEMENTS AND APPROPRIATE FUNDS TO COVER SUCH ADDTIONAL COSTS
NOW PROVIDED FOR BY THE TERMS OF SAID CONTRACT AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Appoint Auditor
Councilman Dittman moved to retain the firm of Gerace & Hullum for the
city's independent auditors. Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman
Mayor Pro Tem Cannon
Nays: None
* * * ** *(Prices corrected at meeting of March 14 -City Mara!!er's Report) * * * * **
February 28, 1974 5582
Ambulance Committee
Mayor Pro Tam Cannon, member of the Ambulance Committee, reported that
a recommendation will be made at the first council meeting in March regarding an
increase in the subsidy to Baytown Ambulance Service.
Recess
Mayor Pro Tam Cannon recessed the meeting to an executive session to consider
approval of minutes of executive meetings and to discuss pending litigation.
The City Council reconvened in open session, and the following action
was taken:
Councilman Lander moved to approve the minutes of the executive meetings
held November 8, 1973, and February 7 and 14, 1974; Councilman Bednarski seconded the
motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman
Mayor Pro Tam Cannon
Nays: None
ED NA OLIVER, City
A
APPROVED: Is/ Allen Cannon
MAYOR PRO TER