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1974 07 25 CC Minutes5659 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN -July 25, 1974 The City Council of the City of Baytown met in regular session, Thursday, July 25, 1974, at 6:30 p.m., in the Council%Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Charles Pool Fred Bednarski,Jr Mary E. Wilbanks Allen Cannon Tom Gentry Firtz Lanham Neel Richardson Edna Oliver Howard Northcutt absent: Henry Dittman Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager 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, and ratification of the actions taken at the meeting of July 11, 1974; motion seconded by councilman Bednarski: Petitions Ayes: Council members Lander, Bednarski, Pool, Wilbanks & Cannon Mayor Gentry Nays: None There were no petitions presented to council. City Manager's Report Council has been given copies of the six- months' audit that was done by the firm of Gerace & Hullum. As in the past, if council has any questions, a representative of the firm will appear at a future council meeting. The computer equipment is being delivered and installed in the Finance Department. The proposed budget will be presented to council prior to August 1 as required by the City Charter. Mr. Langford of the Flood Control District has indicated that the priority list council submitted to Commissioners' Court will be used as a guideline in carrying out the drainage improvements that are to be made from bond funds. County Commissioner elect James Fonteno has requested a work session with council members. The council concurred to meet with Mr. Fonteno at 6:30 p.m., on the date of the next regular council meeting. The council meeting will then begin at 7:30 p.m. In 1969, the City purchased a twelve -ton street roller. At that time, the city was doing a considerable amount of street reconstruction work. Inasmuch as we no longer do this type of work, this piece of equipment is not needed. Governmental entities and contractors have contacted the city regarding purchasing this roller. Council offered no objection to taking bids for the sale of the roller. Bids will also be received for the demolition or sale of the old Public Works office building. wear. Swimming pool attendance is still up considerably over this time last ®- July 25, 1974 City Manager's Report, continued 5660 Citizens are taking advantage of the softball diamonds. Approximately thirty -four thousand people are participating, either as spectators or players. Five hundred seventy -five softball gams have been played to date. Garth Road - the contractor has begun removing the old surface and base on a 200' strip north of the bridge. A temporary roadway is being constructed in this area. Glen Arbor Waterlines - this contract is 50% complete. League of Women Voters Park - the hike & bike trails have been surfaced. This park should be finished by the end of August. Sanitary Sewer Improvements- Contract #1 - the contractor has been advised that the part needed for completion of the plant will be shipped on July 26. Cont ract #2 - the contractor has installed valves and is re- piping the flower lines and surge & relief lines on the Spur 201 lift station. Work is also underway on the lift station on West Main. Contract #3 - the contractor is installing the 18 -inch gravity sewer paralleling West Main. Contract #7 -is 45% complete. The contractor has installed lines on Cedar Bayou - Lynchburg, North Main, Dent, Craig & Bellview; 500' of the 10 -inch gravity sewer has been installed on the east side of Ross Sterling, and the 10 -inch force main on the west side of Sterling has been installed. Mr. Wayne Smith, engineer with Langford Engineering Company, appeared to acquaint council with the problems now being experienced on Contract 15. In November of last year, bad soil was encountered behind Gulf Coast Hospital, and a change order was authorized by council that included special timber construction. Subsequently, bad soil was encountered again, and an exchange of easements was authorized. The last week of June, construction was begun behind the hospital. The soil was observed closely and elevation shots were taken. Everything appeared to be safe. On Thursday, a high tide was experienced, however, there was no change in the pipe according to the elevation shots_ that were made. Over the weekend, there was another high tide; elevation shots were taken Monday morning, and the pipe had risen 1.64 feet. The contractor is preparing to pump out all the lines in this area and visually inspect them. A report will be made to council and a recommendation on how to proceed with this project. Mr. Smith explained that cylinder tests were made of this soil, which is done on every project, and it appears that the bad soil runs in strips Chamber of Commerce Flood Protection Committee Mr. Jo Graves, chairman of the Chamber of Commerce Flood Protection Committee appeared to give a status report on the activities of the Committee during the past month. The committee has traveled to Port Arthur and Texas City to inspect their levy and rain water pumping facilities. Next week, an inspection of the Freeport facilities is scheduled. The committee also met with Col. McCoy, Corps of Engineers in Galveston, who was the project engineer for the Burnet, Crystal & Scott Bays project, or "Brownwood Study." Mr. graves then gave a brief history of the studies. In 1950, the Corps of Engineers was involved in a number of individual studies involving individual Texas coast cities. Texas City was one of these. After Hurricane Carla, Congress authorized a broad Gulf Coast Hurricane Protection Study. This study being handled by the Galveston District of the Corps of Engineers is still underway, and may be completed in two years. Through Congressman Bob Eckhardt, the Brownwood Study was broken away from the Texas Coast Study. This was set up as a separate study because of the high frequency of flooding, and the unique, complicating factor of subsidence. The Corps in Galveston has completed the Brownwood Study, which must be acted upon by Chigher Corps authorities, then by Congress, and then by the local electorate in Baytown before the conclusions may be implemented. A part of the Texas Coast Hurricane Study included the general flooding potential for Baytown, and what would be required to protect all of Baytown from tidal flooding. A benefit to cost ratio was then developed. The higher the ratio, the greater the possibility of receiving federal funding. if a benefit to cost ratio is less than one, the chances of getting funding are essentially nil1. The Texas 5661 { July 25, 1974 Coast Study showed Baytown's ratio considerably less than one. These studies were made before the causes of subsidence were fully understood, and with inadequate projections of future subsidence. Therefore, if the study were redone, considerably more of the Baytown area would be forecast to be flooded, thus increasing the benefit to cost ratio. The cost portion of the ratio has increased as well. The Corps has agreed that the flood protection study should be done again in view of the current subsidence predictions, however, they were not clear as to when this would be done. For these reasons, the Chamber of Commerce Flood Protection Committee recommended adopting Resolution No. 475, pointing out reasons for the earlier study being inadequate, and pointing out that there are less costly ways for protecting Baytown. Also, the resolution requests the Corps of Engineers to look at the feasi- bility of protecting parts of Baytown. By adopting the resolution, which is also the recommendation of Congressman Eckhardt, the City Council will be showing that it is in favor of the Corps taking a more active interest in the study, and getting it completed sooner. Councilman Lander moved to adopt the resolution; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None RESOLUTION NO. 475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO THE CORPS OF ENGINEERS WITH REGARD TO TIDAL FLOOD PROTECTION FOR THE CITY OF BAYTOWN. -For clarification, Mayor Gentry explained that the Chamber of Commerce and the Brownwood Evacuation Project are two different projects. If at such time federal funding becomes available for relocation of Brownwood residents, the Council will still be local sponsor. THL Workmen's Compensation Joint Insurance Fund 1 Approximately two months ago, council authorized entering into a contract with the Texas Municipal League workmen's Compensation Joint Insurance Fund. The Attorney General of the State, however, is concerned with the constitutionality of the fund, and the amending of the various cities' credit to the fund. It was not the intention of the cities to go into a cooperative where one city would be paying claims of another; it was the intention to go into a fund where there would be joint administration, but the cities would stand upon their own credit. Proposed Ordinance No. 40725 -1 will authorize execution of a supplement to the Interlocal Agreement, Texas Municipal League Insurance Fund, pointing out the following: (1) clearly express the intent of participants in the fund to operate under a system which assures that cost and benefits under the fund will be proportionately allocated among Fund members and (2) clearly articulate the fact that participating political subdivisions have joined together under an interlocal agreement as self - insurers. This ordinance will satisfy the concerns of the Attorney General. Councilman Bednarski moved adoption of the ordinance; motion seconded by Councilman Pool. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1629 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 THE SUPPLEMENT TO INTERLOCAL AGREEMENT, TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. July 25, 1974 i' 1 5662 r Change Order - Phase II, 1974 Street Improvement Program Brown & Root, Inc., has the contract for Phase II of the 1974 Street Program. Phase III of the program was to be paid with budgeted funds, however, a portion of these funds were committed to improving Bayway Drive, jointly with Harris County. The remaining streets in Phase III were to be delayed until next year. However, thereare sufficient funds remaining to improve three of the streets in Phase III: Middleton: $18,503.07 Morris: $19,678.25 Ferguson: $1,272.95 Mr. Lanham recommended adding these three streets to Brown & Root's contract, which provides that the City may increase the contract by 25 %. The unit prices bid by Brown & Root will still be in effect. CouncilmanBednarski moved to authorize the change order; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Cannon Mayor Gentry Nays: None Z ORDINANCE NO. 1630 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER WITH BROWN & ROOT, INC., TO INCLUDE MORRIS STREET, MIDDLETON STREET, AND FERGUSON STREET IN PHASE II, 1974 STREET IMPROVEMENT PROGRAM, ACCEPTING THE DIRECTOR OF FINANCE'S CERTIFICATION THAT FUNDS ARE AVAILABLE FOR PAYMENT UNDER SAID CHANGE ORDER, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Payment - Phase II of the 1973 Street Improvement Program Proposed Ordinance No. 40725 -2 will authorize final payment to Brown & Root for Phase II of the 1973 Street Improvement Program. The original contract was for the amount of $183,993.45; however, an underrun of $8,939.81 reduced the total amount to $175,053.64. Councilman Pool moved to adopt the ordinance; Councilman - Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1631 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF PHASE II OF THE 1973 STREET IMPROVEMENT PROGRAM BY BROWN & ROOT, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS CERTIFICATE OF FINAL ACCEPTINAE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BROWN & ROOT, INC; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Installation of Traffic Signals f' The Texas Highway Departmenthas requested the City Council authorize installation and /or replacement of traffic signals at the intersection of Spur 330 with Airhart Drive, Garth Road, and Loop 201. This authorization is required in order for them to proceed with the Loop 201 /Spur 330 improvements. Councilman Bednarski moved to adopt Proposed Ordinance No. 40725 -3, authorizing the installation; Councilman Lander seconded the motion: Mr. Lanham was requested to inquire of the State as to whether or not timing devices will be included in these lights. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1632 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS ON DECKER DRIVE (SPUR 330) AT THE INTERSECTIONS OF AIRHART DRIVE, GARTH ROAD, AND LOOP 201, IN THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5663 July 25, 1974 Authorize Agreement for Maintenance Traffic Signals Proposed Ordinance No. 40725 -4 will authorize an agreement with The Texas Highway Department, whereby the City will maintain the traffic signals on Spur 330 at Garth, Airhart and Loop 201, after they are installed. This is a standard maintenance agreement. Councilman Bednarski moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1633 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JULY 25, 1974, BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE LOCATIONS SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF BAYTOWN; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT, DECLARING AN EMERGENCY; AADPROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Plans and Specifications - Multi - Purpose SPortS Field for Pelly Park Mr. Lanham referred to a copy of an agreement between the Little League and Mr. & Mrs. Harper for a parking area. The agreement states that the Little League, for One Dollar per year, may have free and uninterrupted use of approxi- mately one acre; however, the Little League will vacate the property after the giving of ten days' notice by Mr. & Mrs. Harper. The city does not have funds to provide future parking for the Little League, however, there is city -owned land by the railroad tracks where some parking facilities could be developed at some future date. If the Little League is going to spend monty to develop a parking lot, the city property could be used, and Mr. Lanham was requested to investigate this possibility. Mr. Jim Hutchison reviewed the plans and specifications for the multi- purpose sports field on Pelly Park. Mr. Hutchison explained that there has been a fifty percent increase in construction costs for several items in the plans. A metal shed for storage had been planned, also toilet facilities, a press box and a concession stand. In view ofthe costs, Mr. Hutchison recommended that the shed be redesigned, reducing the floor plan, and that the number of restroom facilities be reduced. Negotiations could begin with the contractor presently developing the park, Chatham & Holzaepfel, to add to their contract the concession, press box and restroom structure. This contract provides that the city may add twenty -five percent of the amount of the contract. Revised plans will be preset presented at the next council meeting. Following discussion, Councilman Pool moved to authorize negotiations with Chatham & Holzaepfel for the additional work. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None Approve Change Order and Authorize Payment for Slip Lining Sewer Line on West Texas Proposed Ordinance No. 40725 -5 will approve a change order and authorize payment of an amount in excess of the original bid estimate for slip lining a sewer line on West Texas Avenue. Council recently awarded the contract for this work to Channel Construction Company. During the course of the work, it developed that the contractor had to do additional work, amounting to an overrun of $8,330.70. The revised amount of the contract is $27,176.70, and Mr. Lanham recommended final payment. Councilman Pool moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1634 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER D THE ORIGINAL BID ESTIMATE FOR THE SLIP LINING OF SANITARY SEWER LINES ON WEST TEXAS AVENUE BY CHANNEL CONSTRUCTION COMPANY, INC.; APPROVING AND ACCEPTING CONSTRUCTION OF SAID SLIP LINING; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE July 25, 1974 �� 5664 I ACCEPTING THE DIRECTOR OF PUBLIC WORKS' CERTIFICATE OF FINAL ACCEPTANCE, AUTHORIZING THE FINAL PAYMENT TO THE SAID CHANNEL CONSTRUCTION COMPANY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Price Escalation Provisions - Invitations to Bid Due to escalating costs, suppliers are reluctant to give annual bid prices on such items as pipe and waterworks items. Other cities are including a price escalation provision in their invitations to bid, and Mr. Lanham recommended approval of making this a part of future bid invitations for the City of Baytown. Councilman Bednarski moved to accept the recommendation; Councilwoman Wilbanks seconded the motion: Ayes: Council memb ers Lander, Bednarski, Pool, Wilbanks, and Cannon Mayor Gentry Nays: None Request for Fire Zone Exemption Mr. Richard Park, representing the owners of Centruy Savings & Loan, appeared to request an exemption to Fire Zone N2, by placing a temporary building, with one restroom facility, at the former "Youngblood's Chicken Restaurant." This building would be located 130' back from Highway 146, and 50' from Texas Avenue, and 100' from the existing structure. The old restaurant is being remodeled, and the temporary building would remain at the location for about five months. Mr. Richardson explained that the present ordinance has no provisions for temporary permits; however, an ordinance has been prepared providing a procedure for such permits in fire zone #2. The permit would be for a period of no more than six months, would be issued when the existing structure is being rebuilt or remodeled. During the course of discussion, Mr. Lanham was asked to determine what effect, if any, this would have on our fire insurance ratings. CouncilmanBednarski moved to adopt the ordinance, with the amendment being corrected to read, "....during the construadm or remodeling of permanent structures." Councilman Lander seconded the ;ration: Ayes: Council members Lander, Bednarski, Pool, Wilbanks andcannon Mayor Gentry Nays: None ORDINANCE NO. 1635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 7, "BULDIINGS, SECTION 7 -4.1, PROVIDING FOR THE AMENDMENT OF SECTION 304.2 OF THE SOUTHERN STANDARD BUILDING CODE, 1965 EDITION, BY THE ADDITION OF EXCEPTION NO. 9, REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. COUncilman Bednarski moved to grant a temporary permit to Mr. Park; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Wilbanks and Cannon Nays: None Abstain: Councilman Pool and Mayor Gentry Adjourn There being no further business to transact, the meeting was adjourned. II( APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor AT ST: 77 EDNA OLIVER, City Clerk