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.
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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
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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
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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�