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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 r r r 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