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1974 05 23 CC Minutes5626 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 23, 1974 The City Council of the City of Baytown met in regular session, Thursday, May 23, 1974, at 6.30 p.m., in theCouncil Chamber of theBaytown City Hall. The following members were in attendance. Jody Lander Councilman Fred Bednarsk,Jr.- Councilman Mary Wilbanks Councilwoman - Henry Dittman Councilman Allen Cannon Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Howard Northcutt Assistant City Manager Absent. Charles Pool Councilman Mayor Gentry called the meeting to order. The invocation was offered by Mrs. Edna Oliver. Approve Minutes Councilman Lander moved approval of the minutes of the meeting held May 9, and ratification of actions taken; Councilman Bednarski seconded the motion. Ayes: Council members Lander, Bednarski, wilbanks, Dittman and Cannon Mayor Gentry Nays: None ■ Petitions !■ There were no petitions presented. City Manager's Report At the last council meeting, council discussed the Environmental Protection Agency's regulations regarding federal funding for the East District Treatment Plant improvements. Since that meeting, there have been a number of conversations with EPA, They have asked for additional information and the engineers is compiling this to be presented in Dallas. The EPA wants to keep construction projects going, and Mr. Lanham indicated he is encouraged. Regarding the new budget calendar, department heads are in process of developing their requests. These will be submitted to the City Manager's office by June 15. Tentatively, the schedule for reviewing the budget proposals is the last part of July and early part of August. The 9th Annual Mayors' 6 Councilmen's institute will be held in Corpus Christs June 8 -11. Councilman Dittman moved to authorize the expenditure for those members of council desiring to attend; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman 6 Cannon Mayor Gentry Nays: None The cost of installing culvert in the ditch between Park Street and the E_Mart parking lot is estimated to be $13,278 for materials only. This ditch runs from Pruett Street to Memorial Drive, and could be considered in future drainage projects. Mr. Lanham referred to a map indicating the areas that flooded during the rain on May 10, and the areas where flooding has been alleviated due to the drainage work being done by city crews. 5627 May 23, 1979 Sanitary Sewer Projects - Contract #1 is 99% complete. Little progress has been made on the lift stations. No work has been done on Contract 3, however, equipment has been moved in to complete the project. Contract 5 is 82% complete; little progress has been made because of rain and tides. Contract 6 - 99% complete. Contract 7 is 20% complete. Brief progress ereports were given on Garth Road, Glen Arbor waterlines, League of Women Voters Park and Pelly Park, and the street improvement program. -+ 1 Councilman Dittman requested the Administration to look into the bond required for placing political posters in the city's right of way to see if the charge should be increased, or if the present one is adequate to defray the cost of city employees having to remove them. Councilman Lander requested a Deport from the Baytown Area Water Authority Board of Directors be given at the next council meeting. Request for Stop Sign Mrs. Lydia Cunningham appeared to request council authorize a four -way stop at the .intersection of Shreck and Steinman Streets. Mrs. Cunningham stated that there have been as many as six wrecks at this intersection, although not reported to the police department, and urged council to take appropriate action before someone is killed. Mr. Lanham explained that the traffic committee has studied the situation, and does not believe that a four -way stop would solve the problem of speeding and wreckless driving, and suggested that perhaps the problem is one of enforcement of the speed limit. Since there is a curve on Shreck, a sign could be erected indicating that speed should be reduced. Mayor gentry suggested this be referred back to the city administration and traffic committee. Drainage on Mabry Road Mr. James Mayfield, 703 Mabry Road, appeared regarding drainage. Mr. Mayfield explained that he has had water in his house on several occasions because of drainage from other areas around his property. He urged council to clean the ditches at the end of Mabry, and install larger culvert along Cedar Bayou Road. Mr. Mayfield also called attention to a six -acre tract of land that has not been mowed since 1971; water will not drain from this land, and creates a health hazard. Mr. Lanham explained that among the list of priorities for drainage work, is claning and installing culvert in the ditches along the railroad at the end of Mabry Road. Also, when drainage work is begun on Cedar Bayou -'Road and in Stewart Heights, larger culvert may be installed in this area. All of these improvements should alleviate most of Mr. Mayfield's problems. Consider Proposal of Municipal Golf Course Mr. Wayne Gray, chairman of the Parks & Recreation Advisory Board, appeared to present the recommendation of the Board regarding the proposal of Mr. Fred Marti and Mr. Joe Aylor, for a municipal golf course on the Jenkins- Hollaway Park site. Mr. Aylor has proposed to donate approximately forty acres of land adjacent to the park, and Mr. Marti, a professional golfer, will develop and operate the course by leasing it from the city. The Board has recommended that the proposal ' l; be accepted, provided it is legal, and approved in a referrendum vote by the citizens of Baytown. Mr. Richardson then briefed council on the legalities of the proposal. A golf course would not be prohibitive because it is a legitimate parks purpose; the city's portion may be utilized, and the city may accept the property and development as a donation. There are, however, certain aspects that need to be worked out, such as leasing the property to Mr. Marti. Mr. Richardson, suggested that contracting for the administration of the golf course would be advisable. A referrendum election would not be required; however, council could have a straw vote if it desired, although the results of such a vote would not be binding upon council. May 23, 1974 Golf Course, continued 5628 Mr. Gray referred to some printed material outlining the proposal. The city will encounter some expense in this venture. One such item is a tract of land between the park siteand Mr. Aylor's property that must be acquired by the city before the course can be developed. Matching funds from the federal Bureau of Outdoor Recreation may be available to help defray a portion of the city's cost. A very lengthy discussion followed with Mr. Aylor and interested citizens attending the council meeting, afterwhich, Councilman Dittman moved to adopt the concept of a municipal golf course in the Jenkins- Hollaway Park site, and to work out the details later if approved by the taxpapers in a straw vote; Councilman Bednarski seconded the motion. Councilman Cannon substituted a motion that the approval of a concept and approval of a straw vote considered separately by council; however, motion died for lack of a second. The vote on the motion follows: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None After discussion of the date to hold the election, Councilman Bednarski moved to set the date of the straw vote as June 4; CouncilmanDittman seconded the motion: Ayes: Council members Bednarski and Dittman Mayor Gentry Nays: Council members Lander, Wilbanks,and Cannon Councilman Lander then moved to hold the election on June 4 and 5, from 7:00 a.m. until 7:00 p.m.; Councilman Cannon seconded themotion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Nays: Mayor Gentry Council concurred to consider, at the next council meeting, May 29, the location and procedure for the straw vote, and the wording on the ballot. Lakewood swimming Club Mr. R. E. Christensen, president of the Lakewood Swimming Club, appeared to request council to authorize certain changes in their billing for water & sewer services. The change house /restroom building is connected to the city's sewer, however, the swimming pool is not. Lastyears, when the sewer taee was raised on the basis of water consumption, an unequitable situation was created. Mr. Christensen suggested that council establish a lower based sewer rate because the change house is operated only about four months of the year. He suggested that council also install a separate meter serving the change /house /restroom area using standard billing rates - only water charges should be billed for the meter serving the pool area. Mr. Christensen also requested council authorize the installation of an anti- backflow device in the sewer line from the change house /restroom area in order to prevent sewer backup from occurring in the change house during heavy rains. Following discussion, council referred the requests to the Administration for recommendations, to be considered at the council meeting on June 13. Approve Creation of Utility District Proposed Resolution No. 471 will authorize the creation of Harris County Municipal Utility District No. 80. This was discussed at length at the meeting of February 14, however, no action was taken, Councilman Lander moved to adopt the resolution; Councilwoman Wilbanks, seconded the motion. Following a brief discussion kith Mr. Paul Bacon, attorney for the landowners in this proposdd district, the vote was called. Ayes: Council members Lander, Bednarski, Wilbanks, and Cannon Nays: Councilman Dittman and Mayor Gentry RESOLUTION NO. 471 A RESOLUTION OF THE CITY GDUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT AS PROVIDED BY ARTICLE 970a, VERNON'S ANNOTATED TEXAS STATUTES, TO THE FORMATION OF A RECLAMATION DISTRICT UNDER THE AUTHORITY OF SECTION 54.016, TEXAS WATER CODE, TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 80 AND EMBRACING WITHIN ITS BOUNDARIES 208.17 ACRES, MORE OR LESS, IN HA9IS COUNTY, TEXAS, SAID AREA BEING HEREIN MORE PART1=ARLY DESCRIBED BY AJETES AND BOUNDS IN EXHITIT "A" ATTACHED HERETO, UPON THE CONDITIONS AND PROVISIONS HEREIN STATED. 7bLy May 23, 1974 Annexation - First Reading Proposed Ordinance No. 40523 -1 will annex, first reading, an area north of Massey Tompkins Road and east of Chaparral Drive. Mr. Lanham recommended approval. Councilman Dednarski moved to adopt the ordinance; Councilman Lander seconded the motion: ORDINANCE NO. 1601 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. AYES: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry NAYS: None Annexation - Chaparral Village, Section No. 3 Proposed Ordinance No. 40523 -2 will annex, first reading, Section No. 3 of Chaparral Village. Mr. Lanham recommended approval. Councilman Bednarski moved to adopt the ordinance; Councilman Dittman seconded the motion. ORDINANCE NO. 1602 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Authorize Final Payment - Sanitary Sewer Contract No. 4 Proposed Ordinance No. 40523 -3 will authorize final payment for Contract #4 of the Sanitary Sewer Improvements. The amount due Whitelak, Inc., is $53,310.85 and the consulting engineers have recommended approval. Councilman Bednarski moved to adopt the ordinance; Councilman Dittman seconded the motion. ORDINANCE NO. 1603 AN ORDINANCE OF THE CITY COUNCIL OFHTE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF THE MIDDLE GOOSE CREEK INTERCEPTOR SEWER, JOB NO. 44A, CONTRACT NO. 4, BY WHITELAK, INC., FINDING THATTHE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID WHITELAK, INC., AND PROVIDING FOR THE EFFECTIVE DATEHEREOF. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman& Cannon Mayor Gentry Nays: None Award Bid - Galvanized Pipe for Drainage Work Bids were received for corrugated galvanized metal pipe; WYATT DIVISION, U.S.I: $11,495.50 FABENCO, INC.: $17,222.10 ARMCO STEEL CORP: $14,588.00 Proposed Ordinance No. 40523 -4 will award the contract to U.S.I., low bidder. This pipe will be used to enclose a ditch in the area of Post Oak, Pin Oak, and Azalea, to releive flooding on these streets. Councilman Lander movedto adopt 0 5630 May 23, 1974 the ordinance; CouncilmanBednarski seconded the motion: ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WAATT DIVISION, U.S.I., FOR THE PURCHASE OF CORRUGATED GALVANIZED METAL PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ELEVEN THOUSAND FOUR HUNDRED NINETY -FIVE AND 501100 ($11.495.50) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Appointments to: Planning Commission, Museum Advisory Board, Board of Equalization Discussed in Executive Session. Consider Plans and Specifications for Fire Station No. 6 Mr. Lanham presented the revised plans and specifications for fire station #6, which provides for a pre- engineered metal building, size 40' x 569, or a total of 2,240 square feet. The plans and essentially the same as the previous plans; the estimated cost is $50,000 which still exceeds the monty available. The volunteer firemen have requested the architect include separate facilities for their group] however, in view of funds, Mr. Lanham recommended that the architect be authorized to advertise for bids on the basis of the plans as presented. Councilman Bednarski moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Authorize Final Payment - Tenth Street Proposed Ordinance No. 40523 -6 will authorize final pyament to Brown & Root, for the improvement of Tenth Street, and will authorize issuance and delivery of certain special assessment certificates. The total project cost is $90,671.38, which includes an overrun of $73.13. Mr. Lanham recommended approval. Councilman Lander moved to adopt the ordinance; CouncilmanBednarski seconded the motion: ORDINANCE NO. 1606 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING TENTH STREET IN THE CITY OF BAYTOWN, TEXAS, WITHIN THELIMITS HEREINBELOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY "S ENGINEERS HAVE SO FOUND AND HAVE SO CERTIFIED TO THE CITY COUNCIL; AUTHORIZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Call Public Hearing - Revenue Sharing Funds Mr. Lanham presented the proposals for use of Revenue Sharing Funds for the next entitlement period - July 1, 1974 through June 30, 1975. Public Safety - $10,500 Recreation — $30,000 Libraries - $14,500 Environmental Protection — Public Transportation - ( $3,500 for purchase of reflective buttons to be installed on Garth Rd, and $7,000 for reflective buttons on other streets to eliminate some striping) (for multi - purpose sports field on Pelly Park) (New shelving and books) (Approximately $100,000 for drainage projects ( Approximately $330,897 for street improvements 5631 May 23, 1974 Mr. Lanham recommended that a public hearing be called for the council meeting on Mune 13 to discuss the proposals. Councilwoman Wilbanks moved to accept the recommendation; Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Final Payment - Waterlines in Stewart Heights Proposed Ordinance No. 40523 -7 will authorize final payment for the installation of water lines in Stewart Heights Addition. The amount of the original contract was $45,004.53. However, thereis a significant underrun of $9,673.21, because there were many vacant lots not requiring taps, and because there were fewer street repaixd than anticipated. The total amount of the contract is $35,331.32, and Mr. Lanham recommended authorizing final pay nt. CouncilmanBednarski moved to accept the recommendation; Councilman Lander seconded the motion: ORDINANCE NO. 1607 AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCETTNNG CONSTRUCTION OF WATERLINES AND SERVICES IN STEWART HEIGHTS ADDITION BY R. T. BISHOP CONSTRUCTION COMPANY AND R. T. BISHOP, INDIVIDUALLY; 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 R. T. BISHOP CONSTRUCTION COMPANY; AND R. T. BISHOP, AND PROVIDING FOR THE EFECCTIVE DATE HEREOF. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Set Forth Standards for Mid -Block Pedestrian Crossings . Proposed Ordinance No. 40523 -8A will provide for mid -block pedestrian crosswalks and will prohibit parking within a distance of 100' in advance of and within a distance of 20' beyond any portion of a street so designated. Councilman Cannon moved to adopt the ordinance; Councilz= Bednarski seconded the motion: ORDINANCE NO. 1608 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "STOPPING, STANDING AND PARKING," BY ADDING SECTION 115.1, MID -BLOCK PEDESTRIAN CROSSWALKS; PROHIBITING PARKING WITHIN A DISTANCE OF 100' IN ADVANCE OF AND WITHIN A DISTANCE OF 20' BEYOND ANY OFFICIALLY DESIGNATED MID -BLOCK PEDESTRIAN CROSSWALK; DIRECTING THE CHIEF OF POLICE TO CAUSE THE SAID AREA TO BE PROPERLY POSTED AND MAINTAINED; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLCIATION AND EFFECTIVE DATE HEREOF. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Proposed Ordinance No. 40523 -8B will designate two mid -block pedestrian crossings: Market Street in the vicinity of Civic Circle West, and West Main in the vicinity of the N. C. Foote Park swimming pool. Councilman Bednarski moved to adopt the ordinance; Councilman Lander seconded the motion. May 23, 1.914 ORDINANCE NO. 1609 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING MID -BLOCK PEDESTRIAN CROSSWALKS ON MARKET STREET AND WEST MAIN STREETS IN THE CITY OF BAYTOWN; PROHIBITING PARKING WITHIN A DISTANCE OF 100' IN ADVANCE OF AND WITHIN A DISTANCE OF 20' BEYOND SAID CROSSWALKS; DIRECTING THE CHIEF OF POLICE TO CAUSE SAID CROSSWALKS TO BE PROPERLY POSTED ANC MAINTAINED; PRESCRIBING A MAXIMUM PENALTY OF TW HUNDEED AND NO 1100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Workmen's Compensation 5632 The administration has steidied the provisions of the TML workmen's Compensation Fund, as well as those submitted by private insurance companies, and recommended that the City of Baytown subscribe to the Texas Municipal League Fund for the following reasons. 1. A guaranteed savings of 25% in premiums for three years. 2. The TML fund is administered & controlled by cities. 3. The TML will not become a haven for poor risks because the TML has the right to terminate the agreement for cities that ignore reasonable safety regulations. 4. Firemen's Fund and the TML Fund provide incentives for controlling losses. 5. Both private companies & TML offer safety engineering services. Councilman Dittman moved to authorize admission into the TML plan and to Owl adopt Ordinance No. 40523 -9; Councilman Bednarski seconded the motion: ORDINANCE NO. 1610 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 AN INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUNDS FOR THE PURPOSE OF PROVIDING WORKMEN'S COMPENSATION BENEFITS FOR EMPLOYEES OF THE CITY OF BAYTOWN AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Mayor Gentry recessed the open meeting into an executive session regarding pending litigation and personnel matters. When the meeting reconvened in open session, the following action was taken: Planning Commission - CouncilmanLander moved to reappoint Mr. Leonard Stasney & Mrs. Dottie Tickner, and to appoint Mr. Gary Armer and Mr. Don Riddick to the PlanningCommission; Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Board of Equalization Councilman Lander moved to apoint Messrs. Verne Fuller, Ted Kloesel, and Truett Smith to the 1974 Board of Equalization, with the first meeting being held June 3 at 2:00 p.m.; Councilman Bednarski seconded the motion: 5633 May 23, 1974 ORDINANCE NO. 1605 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR THE YEAR, 1974, FIXING THE TIME OF THE FIRST MEETING OF SAID BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND FULFILL THE DUTIES CONVERRED UPON IT BY THE CHARTER OF THE CITY OF BAYTOWN. Ayes: Council members Lander, Bednarski, Wilbanks, Dittman & Cannon Mayor Gentry Nays: None Adjourn With no further business to transact, Mayor Gentry declared the meeting adjourned. APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor ATTEST: s EDNA OLIVER, City Clerk 7�