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1974 03 14 CC Minutesb58j MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF RAYTOWN March 14, 1974 The City Council of the City of Baytown met in regular session, Thursday, March 14, 1974, at 6:30 p.m., in the Council Chamber of theBaytown City Hall. The following members were in attendance: Jody Lander Fred Bednarski,Jr. Charles Pool Mary E. Wilbanks Henry Dittman Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Edna Oliver Howard Northcutt Councilman 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 John Gay, Minister of Missouri Street Church of Christ. Approve Minutes Councilman Lander moved to approve the minutes of themeeting held February 24, 1974, and to ratify the actions taken. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Presentation of Petitions Mr. Jack Waasdorp presented a petition of 56 signatures, requesting the City Council to cause the fire marshal and the police to inspect properties at 1402 North Sixth Street, and in the 4600 block of North Main Street for the following reasons: 1) Mr. Donald Wheaton, owner and operator of an auto and truck repair service at 1402 N. Sixth Street does operate in such a manner that it creates an unsightly and hazardous condition at the intersection of Sixth and Pearl Streets; 2) Mr. Wheaton, does so litter said property with auto parts, incapacitated autos, large conduits and other paraphernalia so as to create a severe hazard to fire fighters. should a fire occur there, thereby endangering adjoining properties; 3) Said property is kept in such an unsightly manner as to bring blight to the entire community thereby creating a loss of thousands of dollars in property value to the community; 4) Mr. Donald Wheaton does maintain a storage yard for incapacitated autos at property in the 4600 block of North Main Street, in violation of th° city fencing ordinance; Councilman Lnader moved to accept the petition and refer it to the Administration for investigation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman andCannon Mayor Gentry Nays: None Assessment Paving me Mr. Jerry Brewer, 107 Post Oak, presented a petition requesting the paving of Post Oak Drive, from Bayway Drive to the end of the present concrete pavement, a distance of 550 feet. The signatures represent 51% of the property owners, agreeing to pay an assessment of enhanced value to their property by means of the improvement, and agreeing to sign a Mechanics and Materialman's Lien with the successful contractor. Councilman Cannon moved to accept the petition and refer it to the administraiton for consideration; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None J March 14, 1974 City Manager's Report 5584 The proces quoted at the last council meeting for gasoline have been corrected: Premium: .2419 plus 50 tax Regular: .3030 plus 54 tax A letter has been received from Major McClellan, commanding officer of the Texas State Guard batallion in Baytown, requesting permission to have a training exercise in the Brownwood area, April 7 from 10:00 a.m., to 12:00 noon. Mr. Lanham recommended approval of the request. Councilman Dittman moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None The Corps of Engineers is planning to have the public hearing on the Crystal, Scott, Burnet Bays study in the latter part of April, in the Community Building auditorium. The Urban Rehabilitation Standards Board has caused the removal of 168 uninhabitable houses since its creation five years ago. A supervisory training course has been scheduled; the subject will be, "Effective Communication." Capital Improvements -- A work order has been issued to Whitelak instructing them to begin work on Sanitary Sewer ContractV no later than March 20. TheGarth Road contractor has installed six hundred feet of storm sewer. The installation of storm sewer on Tenth Street is complete and excavation is under*ay. Surfacing has been completed on the East -West Thoroughfare. A traffic count will be collected. A traffic light for the thoroughfare's intersection with Highway 146 has been located; there is a 90 -120 day delivery on this type of equipment. The West Main Treatment Plant is about 95% complete. The lift stations contract is 84% complete. The Texas Avenue Iift station will not be in service tomorrow as expected; however, _ .i"p should be operating by the end of next week. Contract 3 is 92% complete; installation of a line at West Main and Spur 201 remains. Contract 4 is 90% complete. Contract 5 is 73% complete. Contract 6 is 85% complete. Councilman Dittman requested the council to reconsider use of the chippers for several months. Also for consideration, would be the creation of a large compost on city property, where the chippings could be dumped. In the interest of conservation, this material would no longer need to be buried, and could even be sold. Councilman Lander and Mayor Gentry concurred that most of the citizens they have talked with have indicated a desire for another type of trash pickup than the one presently provided; some of the citizens have indicated a willingness to pay an increase in the monthly garbage charge if necessary. Mr. Lanham explained that two, two -man crews could be employed to operate the two chippers. An adequate service could be established, however, it would be some time before a regular schedule for pickups could be established. Councilman Dittman moved to instruct the Administration to put this plan into operation for several months, utilizing both chippers and additional crews. Councilman Cannon seconded the motion. Mr. Lanham then requested clarification of what funds will be used to operate this this program, which will cost about $3500 a month. Following discussion, council decided to transfer budgeted frunds from the 1974 Street Improvement Program. Council has already authorized a portion of these funds (Phase III) to cover the City's portion of Baywey Drive improvement. When the next Revenue Sharing allotment is received, council can allocate the necessary amount to proceed with Phase III. 5585 March 14, 1974 Trash,continued...... Councilwoman Wilbanks moved to amend the motion expenduture will come from Capital Funds for no longer Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Mayor Gentry Nays: None The vote on the motion as amended follows: to include that the than six months; Councilman Wilbanks, Dittman and Cannon Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Baytown Ambulance - Increase in Subsidy Mr. Jess Navarre, owner of Baytown. Ambulance,- Service has requested an increase in the subsidy paid him by the City, of either $1300 per month, or $900 per month and a $5.00 increase per ambulance call. This entire amount will be passed along to the employees in order to retain the qualified personnel necessary for a professional operation. The Ambulance Committee has studied this request, and Councilman_ Cannon moved to increase the subsidy by $700 per month, and allow a $5.00 increase per call inside the city limits. Councilman Lander seconded the motion: In discussion with council, MX. Navarre explained that he presently pays his emergency medical technicians $1.85 per hour. However, he has lost some of his employees to industry, which pays $3.00 - $4.50 per hour. Councilman Cannon amended his motion to authorize the city attorney to draw up an amendment to the contract with Baytown Ambulance effective April 1; Councilman Lander concurred with the amendment. If the increase the Ambulance Committee has recommended is determined not to be a sufficient amount, a request for another increase may be considered when the next year's budget is prepared. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Hear Request of Volunteer Firemen Baytown presently has five separate volunteer fire departments. - Mr. John Donnelly, chairman of the five - station committee of the departments, appeared regarding the formation of a volunteer fire department for the new Fire Station No. 6, and a meeting room for the volunteers. Mr. Donnelly stated that the volunteer firemen are a dedicated group of men who are willing to donate their time for the necessary training and study, to satisfy the state requirements for a recognized fire department; but that in recent years, the city fathers have seen fit to do certain things to make the volunteers' effort more difficult. Mr. Donnelly stated that the decision not to support a volunteer department for Station 6 and not to provide space for them would fit into that category. Mr. Donnelly requested council provide funds to establish a volunteer fire department for Station No. 6, and to provide a meeting room and proper place to maintain files, records, and trophies. A lengthy discussion followed concerning many aspects of the volunteer departments, such as the number of men in each department, how many respond to each call, the activities of the departments, what stations presently have rooms for volunteers to meet, the cost to the city of equipping additional volunteers and training, and contributions to their pension funds. Following discussion, Mayor Gentry suggested that in view of the high bids that thre received for the new station, that no action be taken until council can meet in a work session with the volunteers to discuss the overraIl matter, and possibly other aspects of the volunteer fire department that should be looked at. Council concurred that a meeting should be arranged. Baytown Museum Advisory Board - Increase Membership Proposed Ordinance No. 40314 -1 will increase the membership of the Baytown Museum Advisory Board from seven to twelve members. This is upon request of the Museum Board, Councilman Lander moved to adopt the ordinance; CouncilmanBednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None 5586 March 14, 1974 ORDINANCE NO. 1559 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 2, "ADMINISTRATION," ARTICLE II, BOARDS AND COMMISSIONS, DIVISION 7, BAYTOWN MUSEUM ADVISORY BOARD, BY THE ADDITION OF A NEW SECTION 2 -66.1, ENLARGEMENT OF MEMBERSHIP; AND BY AMENDING SECTION 2 -67 THEREOF, DESIGNATING TERMS OF OFFICE, FOR NEWLY APPOINTED MEMBERS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Final Payment - Texas Water Wells Proposed Ordinance No. 40314 -2 will authorize final payment in the amount of $2,000 to Texas Water Wells for the construction of water well no. 15. Total amount paid the contractor upon approval of this ordinance will be $64,935.00. Councilman Lander 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. 1560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING AND ACCEPTING CONSTRUCTION OF WATER WELL NO. 15 BY TEXAS WATER WELLS; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID TEXAS WATER WELLS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Execute Agreement With Southern Pacific Transportation Compare Proposed Ordinance No. 40314 -3 will authorize the Mayor to enter into an agreement with Southern Pacific Transportation Company for the cleaning of drainage ditches and installation of ::culvert pipe along Southern Pacific right of way. This work is necessary to improve the drainage from Massey Tompkins Road to Ward Road. Mr. Lanham recommended approval of the ordinance. 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 ORDINANCE NO. 1561 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 SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE CLEANING OF DRAINAGE DITCHES AND INSTALLATION OF CULVERT PIPE ALONG SOUTHERN PACIFIC RIGHT OF WAY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Industrial District Contract - Exxon Mr. Lanham presented the new industrial district contract with Exxon, which has been executed by Exxon officials. Mr. Lanham recommended approval. Councilman Pool moved to adopt the contract; CouncilmanBednarski seconded the motion. Following general discussion of the contract, Council concurred to amend the contract to -wit: "Whereas, Exxon's Baytown Plant includes its refining and chemical manufacturing and research facilities, and personal properties, ". Mayor Gentry then called, the vote to adopt the contract as amended: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman Mayor Gentry Nays: Councilman Cannon ORDINANCE NO. 1562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT CONTRACT BETWEEN EXXON CORPORATION AND THE CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 1):)di March 14, 1974 Disannex Portion of Exxon Proposed Ordinance No. 40207 -1A provides for the second and final reading on the disannexation of a portion of Exxon in accordance with the new industrial district policy. Councilman Lander moved to adopt the ordinance; CouncilmanDittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman Mayor Gentry Nays: CouncilmanCannon ORDINANCE NO. 1541-A AN ORDINANCE PROVIDING FOR THE ADJUSTMENT OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE DISANNEXATION OF CERTAIN TERRITORY, WITHIN THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Consider Bids for Fire Station No. 6 Bids were received March 12 for construction of Fire Station No. 6: Alt I Alt II Alt III Bidder Base Bid Paving Overhead Doors Store room Basic Constructors $78,000.00 $5,700.00 $1,700.00 $4,300.00 Certified Builders 96,965.00 6,501.30 1,760.20 10,467.60 Chatham & Holzaepfel 58,600.00 6,155.00 325.00 4,600.00 Fraps Enterprises 77,980.00 5,600.00 2,200.00 2,980.00 Moore & Moore Const 86,467.00 5,022.00 1,800.00 4,754.00 The estimated and available funds for this project is $45,000.00. Mr. Davis explained that there is no single item responsible for the high bids, because the design of the building is so simple. The building itself involves 2100 square feet, and Mr. Davis had hoped the bids would reflect $20 per square foot, plus additional for paving. However, the bids reflect construction cost of more than $25 per square foot. Mr. Davis explained that council could reject the bids, modify the plans and readvertise; or reject the bids, and readvertise for a very simple metallic type building with the same facilites, and not try to keep the building of a residential nature. Mr. Davis recommended that council accept- the_low bid of Chatham & Holzaepfel, with Alternates II and III. Council concurred to defer action on the bids in order to have more time to study them. Councilman Pool requested that future bids be received so as to allow the council to have information in the packets before the council meeting. Lockers - N. C. Foote Park Bids were received for lockers to be used at N. C. Foote Park swimming pool. Vaughan & Associates: $1,557.02 for thirty (30) lockers Mr. Lanham recommended awarding the bid. Although one other bids was received, it came in after the bid opening, and was returned to the company. Councilman Bednarski moved to accept the recommendation; Councilma7Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman andCannon P" Mayor Gentry rj Nays: None 4 ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF VAUGHAN & ASSOCIATES FOR THE PURCHASE OF THIRTY (30) LOCKERS FOR N. C. FOOTE PARK SWIMMING POOL AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND FIVE HUNDRED FIFTY -SEVEN AND 021100 ($1,557.02). DOLLARS WITH REGARD TO SUCH ACCEPTANCE. March 14, 1974 Library Advisory Board 5588 Four vacancies exist on the Library Advisory Board. Those terms having expired are J. R. Barsalou, Carol Bart2 and T. M. Jones; one vacancy was created by the resignation of Tom Seale, whose term would have expired in 1975. In accordance with the by -laws of the Board, Mr. Jones is not eligible for a reappointment as he has served three consecutive terms. Mr. Lanham recommended council approval of the reappointment of Mr. Barsalou and Mrs. Bartz, and the appointment of Mrs. Marilyn Sandhop. The fourth vacancy will be filled at a later date. Counalman Bednarski moved to approve the appointments; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Report on Drainage Study This report will be made by Mr. Jack Morton at the next council meeting. Report on Drainage Priorities Mr. Doug Lunceford presented the following recommended priorities for drainage work: 1. Cedar Bayou Road, Stewart Heights Area. This is a carry over from the last drainage priority list. Waiting for waterline contractor to finish in this area before beginning drainage work. Cedar Bayou will have to be done first as this is a downfall drainage for Stewart Heights. 2. Kilgore Road drainage is not complete because waiting for sewer contractor to finish on Cedar Bayou Road, as we need to finish 350 feet on Kilgore Road and go up both sides of Cedar Bayou Road west to flood control ditch at Bowie School Drive. This includes Morning Drive storm sewer. 3. Pin Oak drainage from Post Oak to North side of Pin Oak. Need to replace 350 feet of existing 24" storm sewer with 36" and from north side of Pin Oak to flood central ditch, we need to install 548 feet of 48" pipe in open ditch and cover. Build proper junction boxes and inlets on this line. Total cost is $12,784.68. This may be paid from revenue sharing funds appropriated for drainage. 4. Texas Avenue drainage between Edgewood and Roseland Drive - the open ditch will be, cleaned at this time, because there ae not sufficient funds to replace the pipe and rebuild the junction;: boxes. 5. Lee Drive drainage from Exxon Pipeline offices, Stimpson, and Denby; also, drainage from Wheatley Street. Replace valley gutter on Lee Drive with culvert pipe and downfall ditch between Carver school and Little League ball park west to railroad tracks. 6. Ditch that runs parallel to Ashby Street from North Street to Bayway Drive. 7. Baker Road and Tumbleweed from this point to Harris County flood control ditch. S. Holloway Addition - open ditches on both sides. 9. Woodlawn drainage - enlarge storm sewer outlet. 10. Railmad ditches, Massey Tompkins to Ward Road on both sides. 11. Durain Road - open ditches on both sides. J2. North Fifth Street - Ward Road to Ruth St, open ditches on both sides. 13. Wooster Terrace Addition - open ditches on both sides. 14. Ditch between Sterling High School and Dent addition - from Baker to Craig St, 15. Bob Smith Road from railroad tracks east to McKinney Rd -both sides, open ditches. 16. Crosby -Cedar Bayou Road from Highway 146 to Massey Tompkins Road, open ditches On both sides. 5589 March 14, 1974 17. Bayou or Cedar Street from Kilgore Road to Cedar Bayou Street, open ditches and possibly construct storm sewer. 18. West Humble, West Gulf from Laredo to Goose Creek Stream, open ditches on both sides. 19. Dorris and Avenue J drainage, open ditches both sides. 20. Mabry Road from Hiway 146 to Fanestiel Street, open ditches on both sides. 21. Timber Lane, Caldwell, Robin.. Road and Jasmine, open ditches on both sides. 22. Cabiness and Katherine, open ditches both sides. 23. Windy Lane, open ditches both sides. 24. Rosile Drive, open ditches both sides. 25. Steinman Street, open ditch. Coundlman Cannon moved to approve the list as submitted; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Award Bid - Purchase Underground Fuel Tank Seven bids were received for a fuel tank for the police department. Holly: $1,944.00 Bratton Equip: $1,742.70 T & L Coating & Pump: $1,893.93 Modern Welding: $1,676.90 Armco Steel: $1,556.75 Maloney- Crawford: No Bid Petroleum Engr: $2,083.75 Mr. Lanham recommended awarding the low bid of Armco Steel. Councilman Cannon moved to award the bid as recommended; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1564 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ARMCO STEEL FOR YHE PURCHASE OF ONE 10,000 GALLON UNDERGROUND TANK (WRAPPED) AND AUTHORIZING PAYMENT BY THE CITY FOR THE SUM OF ONE THOUSAND FIVE HUNDRED FIFTY -SIX AND 651100 ($1,556.65) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Wrecker Service Bids were received for tow away service for abandoned vehicles and disabled city vehicles: *Manuel Pease * M.E. Taylor * *Jack's Bill's Paint Don's Wrecker & Body Automotive Abandoned: $17.50 $20.00 $12.50 $16.88 $12.50 Disabled City vehicles: $22.50 $10.00 $12.50 $12.25 $ 7.50 * -All or none basis * *- $30.00 on 2 -ton truck or above Mr. Lanham recommended awarding the bid to low bidder, Don's Automotive. CouncilmanLander moved to accept the recommendation; however, the motion died for lack of a second. Mayor Gentry requested the Administration study the matter of wrecker service for abandoned & disabled cars, and use its discression as to whether or not to go out for bids again, or find a solution to the problem of getting abandoned vehicles removed from city streets. Mr. Lanham was-�also requested to look into the petition presented earlier in the meeting. March 14, 1974 Unfinished Business Appeal of Mobile Home Review Board 5590 At the last council meeting, council tabled the appeal of Mr. 6 Mrs. Reagan concerning a mobile home. Mr. Richardson briefed council on the sequence of events prior to the Reagan' appealing the decision. It was explained that the (1) enforcement of deed restrictions and (2) enforcement of the mobile home ordinance are two different matters, Councilman Pool moved to uphold the order of the Mobile Home Review Board; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, and Cannon Mayor Gentry Nays: Councilman Dittman Abstain: Councilwoman Wilbanks Recess to Executive Session Mayor Gentry recessed the meeting to an executive session for discussion of minutes of the executive meeting on February 28, 1974, and to discuss pending litigation. Reconvene Council reconvened in open session and the following action was taken: Councilwoman Wilbanks moved to approve the minutes of the executive meeting held February 28, 1974; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Councilman Dittman moved to authorize a change order to Contract q3, Bayshore Constructors, Inc., and to include in the change order the outcome of the arbitration hearing, including payment to the arbiters. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays. None There being no further business to transact, Mayor Gentry declared the meeting adjourned. ATTEST: -- '' EDNA OLIVER, City Clerk APPROVED: /s/ Tom Gentry MAYOR