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1974 03 28 CC Minutes5591 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 28, 1974 The City Council of the City of Baytown net in regular session, Thursday, March 28, 1974, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Councilman Fred Bednarski,Jr Councilman Charles Pool Councilman Hengy Dittman Councilman Mary Wilbanks Councilman Allen Cannon Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Howard Northcutt Assistant City Manager Mayor Gentry called the meeting to order, and the invocation was offered by Councilman Allen Cannon. Approve Minutes Two corrections were made to the minutes of the meeting held March 14 : (1) Councilman Cannon was not present when council reconvened after the executive session, and (2) Regarding the drainage study, prior&ty #4, Texas Avenue drainage - only the ditch will be cleaned between Edgewood & Roseland Drive. Councilman Pool moved to approve the minutes as corrected; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Petitions Mayor Gentry called for presentation of petitions; however, none were prsented. Proclamation - Official Historian Mayor Gentry prsented Mr. I. M. Deacon Jones a proclamation, designating him the official Historian of the City of Baytown. Mr. Jones has been involved with researching the historical documents of the City in relation to the future Baytown Historical Museum. Mayor Gentry thanked Mr. Jones for his dedication and service to the City of Baytown. City Manager's Report The sales tax for the first six months of this year has been received in the amount of $557,000. Last year at this time, the amount was $472,000. The budget estimates One Million Dollars to be received from this source. The Corps of Engineers has officially announced the public hearing on the results of the Burnet, Crystal, & Scott Bays Study, will be held at 2:00 p.m., April 20 in the auditorium of the Community Building. The Corps has requested a representative of the Council to attend the hearing; Council concurred that Mayor Gentry will attend as the representative. For a number of years, the City has leased a tract of land on Humble Street for a small park, however, it is now being used to a lesser exent. The new Central Heights Park is in this area, so the Parks & Recreation Advisory Board has recommended that the contract not be renewed. Council offered no objection. March 28, 1974 City manager's Report The chippers have been in operation for two days now. The landfill at Coady was opened thismorning; a permit has been granted for a period of 24 months. 5592 The City Charter provides that election results will be canvassed on the second Wednesday following the election. This will be the 10th of April. Since the regular council meeting is scheduled for April 11, Council concurred to meet April 10 at 6:30 p.m. to canvass the election and hold the regular council meeting. The possibility of getting state assistance in interconnecting traffic signal on Highway 146 is being explored. Since TOPICS funds are no longer available, a letter has been written to Mr. Poorman of the Texas Highway Department, asking if there are any other programs where financial assistance might be made available. Garth Road - 1300 feet of 72 -inch storm sewer is in place. Tenth Street - excavation is 90% complete; the storm sewer is completewith the exception of the inlets. East /West Thoroughfare - this is complete with the exception of final cleanup. One bid was received for the League of Women Voters Park and the Jenkins-Holloway Park. The bid was received after the opening time, so the engineers has re- advertised for bids. N. C. Foote Park swimming pool - work is complete with the exception of final cleanup. Roseland Park bulkhead - all work is complete with exception of final shaping of the levee. Pelly Park - progress has been slow because of rain. Sanitary Sewer Improvements Portions of Conyracts 1, 2, 3, and 4 are in operation. Contract 1 is 96% complete; Contract 2 - the WEst Texas Avenue lift station has been tested and will be placed into service in the next few days. Contract 3 is 93% complete; The line on West Main Will be ted into the treatment plant. Contract 4 is 90% complete. Contract 5 is 75% completed; the exchange of easements with Gulf Coast Hospital for this contract has been completed. Contract 6 is 86% complete; this lift stations in Bay Villa and on Market Street are in service. Contract 7 - the contractor is ready to begin work; however, there has been some delay in receiving materials and equipment. Councilma Cannon requested the administration to study the possibility of installing traffic lights on North Main at Sterling, & an Pruett Street at its intersections with Defee and Sterling. Mr. Cannon also requested consideration be given to changing the four -way stops on Commerce at Sterling and Defee Streets, to two-way s tops . Baytown Sports Complex Mr. Lanham recommended that no action be taken on Proposed Ordinances Nos. 40328 -1, authorizing final payment for construction of Sports Complex, and 40328 -2, authorizing final payment for construction of the swimming pool. Mr. Jim Hutchison explained thatithe contractor, Wolfe Construction Company, has not yet submitted an affidavit stating that all sub- contractors have been paid; this is a condition for final payment. Council concurred to take no action on the ord.inances� 5593 March 2$, 1974 Award Bid - Walkway at Baytown Sports Complex A walkway from the parking lot to the tennis courts at the Sports Complex was constructed, however, it did not meet the engineers' standards, and was rejected. Informal bids were taken to overlay the walkway: Skrla: $2,316.25 Brown & Root: $1,410 Mr. Hutchison recommended awarding the low bid of Brown & Root, and that this amount ($1,410) be withheld from the final payment to Wolfe Construction Company. Councilman Cannon moved to adopt proposed Ordinance No. 40328 -3, awarding the bid as recommended; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BROWN & ROOT, INC., FOR THE OVERLAYING OF EXISTING WALKWAYS AT THE BAYTOWN SPORTS COMPLEX AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF ONE THOUSAND FOUR HUNDRED TEN AND NO 1100 ($1,410.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Beautify Baytown Association - Beautify Thomas Circle The Beautify Baytown Association has requested that Thomas Circle be beautified by planting various flowers and evergreens. If approved, the work would be done by the Park's beautification crew; the Association would provide the plants. This should not hinder traffic in any way, and Mr. Lanham recommended approval of the request. In discussion with council, Mr. Terry Dopson explained that the cost for the first year of maintenance, including initial construction of the berm and planting, will be $3,300. This will involve 1,218 manhours for maintenance, and 210 manhours preparing the berm and planting. After the first year, the cost per year should average about $2800 for maintenance. There was discussion concerning whether or not this would place an additional burden upon the Park's Department crew and if this money should be spent on other projects, such as cleaning di tches. Following discussion, Councilman Lander moved to accept the offer of the Beautify Baytown Association; Councilman Dittman seconded the motion. Since the Texas Highway Department has indicated that Thomas Circle will probably need to be eliminated in the future, Mayor Gentry pointed out that these improvements will not be an indication that the circle will not eventually be taken out. The vote on the motion was then called: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: Councilman Pool Industrial District Contract - Helmerich & Payne Proposed Ordinance No. 40328 -4 will enter into an industrial district contract with Exxon. Councilman Lander moved to adopt the ordinance; Councilman Bednarski seconded the motion. Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman Mayor Gentry Nays: Councilman Cannon ORDINANCE NO. 1566 1 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 HELMERICH & PAYNE, INC., AND THE CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5594 March.28, 1974 Second Reading - Disannex Portion of Helmerich & Payne Proposed Ordinance No. 40207 -1B provides for the second and final reading on the disannexation of a portion of Helmerich & Payne, Inc., in accordance with the new industrial district policy, whereby only 20% of an industry will be within Baytown's city limits. Councilman Bednarski moved to adopt the ordinance on final reading; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman Mayor Gentry Nays: Councilman Cannon ORDINANCE NO. 1541 -B AN ORDINANCE PROVIDING FOR THE ADJUSTEMENT 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: Texas Municipal League Workmen's Compensation Joint Insurance Fund Effective July 1, 1974, cities must have workmen's compensation for all employees. The law that makes this requirement provides three alternatives For becoming insured: (1) a commercial company; (2) become self- insured; or (3) join other cities. The TML will.set up a joint insurance fund which willsave approximately 25% of the cost of getting coverage from a commerical company. Mr. Richardson explained that this method is a coordination, of various cities to provide coverage for all cities. The premiums are based upon the same rates as the commercial workmen's comp. is based upon. At this time, the TML desires only an indication of council's intent to enter into a contract. The contract will provide for payment of premiums the same as payment of a carrier policy. We will receive administattion of the Workmen's compensation by the Texas Employees Casualty Eompany, the largest workmen's compensation insurance carrier in the state. THey will be paid a fee by the fund to administer all phases of the insurance, including adjustment of claims, safety insurance, and administration inall matters. From the city's employment record, our annual rate for coverage on a private insurance carrier would be approximately $100,000 per annum. Under the TML Program, this would be $75,000 per annum. This plan is contingent upon enough cities subscribing so there will be Five Million Dollars in premiums. This will be a three -year contract. Resolution No. 463 till authorize the City Manager to execute a Statement of Intent of Baytown to subscribe to the TML's Workmen's Compensation Joint Insurance Fund. Councilman Bednarski moved to adopt the resolution; Councilman Pool seconded the motion: In discussion, the point was made that each city's rates will be based upon its own experience. Also, negotiations will begin with out present health insurance carrier for an adjustment in rates. The vote was then called. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None RESOLUTION NO. 463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY 14ANAGER OF THE CITY OF BAYTOWN TO EXECUTE A STATEMENT OF INTENT TO SUBSCRIBE TO THE TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Changs Order - 1974 Street Improvement: Program . Proposed Ordinance No. 40328 -5 will authorize a change order to Phase I of the 1974 Street Improvement Program,to include widening Cedar Bayou Road, at its intersection with North Main, five additional feet for a distance of 290 feet. This will allow a right turn lane. The cost for this widening is estimated to be $709, and Mr. Lanham recommended approval. 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. 1567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER WITH BROWN & ROOT, INC., TO INCLUDE THE WIDENING OF CEDAR BAYOU AT NORTH MAIN IN PHASE I, 1974 STREET IMPROVEMENT PROGRAM, MAKING AN APPROPRIATION OF AVAILABLE FUNDS TO PAY THE COST OF SAID IMPROVEMENT UNDER SAID CHANGE ORDER, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5595 March 28, 1974 Award Bid - Storm & Sanitary Sewer, Goose Creek Country Club Bids were received March 19 for construction of storm and sanitary sewer in the vicinity of Goose Creek Country Club: MCKEY CONST. SOUTH COASTAL R. T. BISHOP B & T ENTERPRISES * $53,658.00 * $70,911.00 * $73,992.20 * $97,937.50 ** $53,308.00 ** $71,011.00 * *$73,492.20 ** $97,687.50 * Total bid excluding item #23 - Headwall, Fabricated Steel ** Total bid excluding item #22 - Headwall, Reinforced concrete Mr. Jim Hutchison recommended awarding the bid of McKey Construction Company, in the amount of $53,658.00. Estimate for this project was $48,419. This project will be financed with 1970 bond funds and budgeted funds. Councilman Pool moved to accept the recommendation; Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MCKEY CONSTRUCTION AND EQUIPMENT RENTALS, INC., OF LAPORTE FOR THE CONSTRUCTION OF GOOSE CREEK DRIVE STORM SEWER AND SANITARY SEWER RELIEF SYSTEMS AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FIFTYTHREE THOUSAND SIX HUNDRED FIFTY -EIGHT AND N01100 ($53,658.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Transfer Funds - Final Payment to Engineers Council previously authorized final payment to the engineering firm of Lockwood, Andrews & Newnam, in the amount of $19,300. Proposed Resolution 464 will authorize the transfer of this amount from the Water Fund, to Account No. 1001 -6 -4, Special Services, to eliminate a "red" figure in this account. Coundlman Lander moved to adopt the resolution; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None RESOLUTION NO. 464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER NINETEEN THOUSAND THREE HUNDRED AND N01100 ($19,300.00) DOLLARS FROM WATER FUND, ACCOUNT NO. 1001 -13 -1, "CONTINGENCY," TO ACCOUNT NO. 1001 -6 -4, "SPECIAL SERVICES." Library Advisory Board Mr. Lanham recommended the appointment of Mr. E. C. Woods, Principal of Baytown Junior High School, to the Library Advisory Board. Mr. Woods will complete the term of Mr. Tom Seale, who has resigned. Councilman Lander moved to approve the appointment; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Museum Advisory Board At the last council meeting, council increased the membership on the Museum Advisory Board. Councilwoman Wilbanks moved the appointments of Mrs. Don Steine and Mrs. Douglas Relyea; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None March 28, 1974 Hear Report on Drainage Study 5596 Several meetings ago, council requested the administration to look into the adequacy of our drainage requirements for subdivisions, apartment projects, and commercial developments, and also to consider the possibility of requiring a developer to take care of any drainage problems he might create outside the area being developed. Reading from his :report, Mr. Jack Morton explained that urban development has a pronounced effect on the rate of runoff from a given rainfall. In the Houston- Baytown area, the runoff from a developed state is twice the runoff from an undeveloped state. In comparing Baytown's requirements with other cities, it appears that Baytown's requirements are not less than those of other cities in areas of approximately equal rainfall, however, Baytown's ordinance does not specify the runoff coefficient to be used in each type development, Our ordinance presently provides only for drainage within the area of the subdivision to be the responsibility of the developer. However, this presents problems for drainage outside the subdivision. Some of our subdivisions discharge into roadside ditches, railroad ditches, and branches of Goose Creek Stream and Cedar Bayou. During peak flows, these drainage courses become full, and the subdivision drainage stops, thus causing flooding after more rain. Little attention has been given to drainage of some of our commercial developments. Some shopping centers are permitted to drain over the curb and into the street. Mr. Morton felt that it is the city's responsibility to see that drainage problems are not created by future developments. However, the problem is to determine who should pay for the drainage improvements - the city or the developer. Either solution will require more study. If the developer were required*to take care of drainage problems he might create outside the area he is developing, this could run into great expense in some cases. This would also require participation of the city's engineering department in providing information that would be needed by the developer. Mr. Joe Aylor appeared and expressed his views, and urged council to meet with the Homebuilders' Association before making any decision. . The administration was requested to research how many other cities have this type of ordinance, and how they are spelled out; and if the county requires any information on a big development concerning the drainage into their flood ditches. Amend Contract with Baytown Ambulance Proposed Ordinance No. 40328 -8 will amend the contract with Baytown Ambulance as discussed at the last council meeting, and proposed Resolution No. 465 will authorize the transfer of funds to cover the increase in subsidy. Mr. Lanham recommended approval. Mr. Richardson pointed out one correction in the ordinance - on Page 2, concerning Item 2- Invalid Coach Service .. the charge for the second patient should be $12.50. Councilman Cannon moved to accept the recommendaiton; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1570 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A MODIFICATION AGREEMENT BETWEEN BAYTOWN AMBULANCE COMPANY, INC., AND THE CITY OF BAYTOWN, WITH REGARD TO A CONTRACT ENTERED INTO ON FEBRUARY 28, 1974, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. RESOLUTION NO. 465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FOUR THOUSAND TWO HUNDRED AND N01100 ($4,200.00) DOLLARS FROM CONTINGENCIES, ACCOUNT NO. 101 -12 -1, TO ACCOUNT NO. 107 -7 -IA, AMBULANCE SERVICE. 7a7/ March 28, 1979 Houston - Galveston Area Council - Area Wide Sewer Plan The Houston /Galveston ARea Council has requested the City of Baytown to participate in updating the regional sewer plan. This plan is used as a basis for evaluating applications of cities for EPA funds. Applications to the Texas Water Qualiby Board for federal grants must be approved by the H -GAC. The Environmental Protection Agency has seen the need for updating this plan. The Texas Water Quality Board has contracted with H -GAC in developing and updating the plan, and has provided one -half the cost, or $287,000. The City of Houston has allocated $200,000, based on its regional permit capacity. Baytown's share is $6,027. Mr. Lanham recommended approval of the request. The legal department has determined that 1970 Capital Improvement Funds may be used to fund this project. CouncilmanLander moved to authorize participation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Award Bid - Pump & Electronic Equipment " Four bids were received for pump & electronic equipment for the- gasoline fuel tank for the Police Department: HOLLEYS, INC. BRATTON EQUIPMENT T & L COATING & PUMP PETROLEUM ENGRS. $1,013.90 $1,265.00 $1,042.50 $1,024.10 Mr. Lanham recommended awarding the low bid of Holley. Councilman Dittman moved to accept the recommendation; Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None ORDINANCE NO. 1571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HOLLEYS, INC., FOR THE PURCHASE OF ONE PUMP AND ELECTRONIC EQUIPMENT FOR THE OPERATION OF A FUEL TANK AT THE POLICE DEPARTMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND THIRTEEN AND 90%100 ($1,013.90) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Consider Bid - Fire Station #6 B ids were reviewed at the last council meeting for construction of fire station #6. MR. Lanham recommended the bids be thrown out and the plans be re- designed around age-engineered metal building. Forty -Five Thousand Dollars is available for this project, including fees. Councilman Pool moved to reject the bids, and authorize the administration to have the architect proceed with re- designing the plans in order to stay within available funds. Councilman Bednarski seconded the motion. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Cannon - Mayor Gentry Nays: None Goose Creek Independent School District Proposed Ord. No. 40328 -11 will enter into an agreement with the Goose Creek Ind. School District regarding sewer easements for Contract V. This is being presented to council because a condition of the agreement is that the City will maintain the easements. Mr. Lanham recommended approval. Councilman Bednarski moved to accept the recommendation; Councilman Pool seconded the motion. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None March 28, 1974 ORDINANCE NO. 1572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE LIFT STATION SITE AND SEWER LINE EASEMENTS FROM THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE - NECESSARY INSTRUMENT OBLIGATING THE CITY TO MAINTAIN SAID LIFT STATIQJ*SITE AND EASEMENTS IN THE MANNER SET FORTH IN THE CONVEYANCE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Bids - Dictating Equipment for Police Department 5598- Bids were received for the purchase of dictating equipment for the Police Department; however, since that time, information has been received from the Criminal Justice Council that the cassette equipment is superior to the belt equipment, on which the bids were taken. Mr. Lanham recommended rejecting the bids, and authorization to re -write the specifications for cassette equipment only. Councilman Pool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lnader, Bednarski, Pool, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Committe Reports The wrecker committee will meet for a public hearing on Friday, April 19, at 5:00 `p.m., concerning the application of Melvin Talley for an additional auto wrecker permit. Upon the motion by Councilman Dittman to adjourn, seconded by Councilman Bednarski, Council voted unanimously to adjourn. APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor ATTEST: EDNA OLIVER, City Clerk