1974 08 08 CC Minutes5665
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 8, 1974
The City Council of the City of Baytown, Texas, met in regular session
on Thursday, August 8, 1974, at 7:30 P. M., in the Council Chamber of the Baytoi%n
City Hall with the following members in attendance:
Charles Pool
Henry Dittman
Jody Lander
Fred Bednarski
Allen Cannon
Mary E. Wilbanks
Councilman
Councilman
Councilman
Councilman
Councilman
Councilwoman
Tom Gentry Mayor
Fritz Lanham City Manager
Neel Richardson City Attorney
Howard Northcutt Assistant City Manager
Edna Oliver City Clerk
Mayor Gentry called the eeeting to order. The invocation was given by
Reverend Billy Joe Tate, Pastor of Central Baptist Church.
Minutes Approved and Actions Ratified
Two corrections were made to the ttinutes of the regular meeting of July 25:
(1) Page No. 3, Resolution No. 475 "By adopting the resolution, which is also the
recommendation....", &(2)Page 6 recorded voting on Ordinance No. 1635 - Councilman Pool
abstained from voting as did Mayor Gentry. With these corrections, CouncilmanPool
moved approval of the minutes as corrected, and ratifications of the actions taken at
the meeting of July 25, 1974; motion seconded by Councilman Bednarski.
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Cannon
Mayor Gentry
Nays: None
Pe ti ti ons
City Manager Lanham presented a petition bearing the signatures of thirty -nine
residents of Stewart Heights Subdivision, requesting the installation of stop signs
at various intersections within the subdivision. Mr. Lanham recommended its
acceptance and referral to the Department of Planning and Traffic for study. Councilman
Lander moved to accept the recommendation of Mr. Lanham. Councilman Pool seconded the
motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman andCannon
Mayor Gentry
Nays: None
Mr. Lanham informed the Council of petitions circulated by members of the
Baytown Fire Department and presently in custody of the City Clerk, requesting the
Mayor and City Council to call an election pursuant to the provisions of Article 5154C -1
of Vernon's Civil Statutes as amended for the right to organize and bargain collectively.
These must be presented to the governing body for directive. Councilman Lander moved
to accept the petitions and refer to the Administration with instruction to check names
to establish validity in compliance with the law. Councilman Bednarski seconded the
motion. At this point Councilman Dittman expressed his disapproval of the action of
the firemen and gave reasons for hiws opposition, and asked the City Attorney to give
a difinition of the statute, which Mr. Richardson did briefly. At the conclusion of
the City Attorney's report, CouncilmanDittman suggested that the Administration look
into the possibility of going to a volunteer fire department all or partially. In
compliance with this request, the .Administration was asked to look into the legal
ramifications as to whether or not the City would go to an all or partial volunteer
fire department, and the actual procedure to follow. The Mayor then called for the
Vote on the acceptance of the petitions:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
August 8, 1974 5666
Resignation - Allen Cannon - Councilman District No. 5
Mayor Gentry deviated from the printed agenda to recognize Councilman Cannon
who asked the Council to accept his resignation as Councilman, District 5, effective
immedciately as he had accepted a transfer to another state with his employer,
Atlantic Richfield Company, and expressed his peleaure in serving the citizens in
this capacity for the past five and one -half years. Councilman Bednarski moved to
accept his resignation with regret. Councilman Dittman seconded themotion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Gentry
Nays: None
At the suggestion of Councilman Pool, Mayor Gentry instructed the Administration
to prepare a resolution, for presentation at the next meeting, commending Councilman
Cannon for his dedicated service to the citizens of Baytown during his tenure of office.
On behalf of the Council, he also expressed the personal appreciation of the entire
council in having served with him.
City Manager's Report
The computer has been installed and the payroll, for the last period, was run.
Plans are in the making to place the water billing operations on the computer next
week, but some minor details must be worked out first.
In compliance with a request submitted at the last Council meeting, Mr.Lanham
investigated the possibility of interconnecting the traffic ligits to be installed
on Loop 201 and Spur 330. He learned that the traffic signals at 201 and Airhart Dr.
will be interconnected, but the Garth Road traffic signal will not be included in
this interconnection.
Plans are now being finalized to conduct a defensive driving course for city
employees,and all employees who drive city -owned vehicles will be required to take
the course if they have not taken it previously.
The Texas Water Quality Board is holding - three days of public hearings at
the Civic Center beginning the morning of August 12 through August 14. The
hearings are being held to consider evidence relative to the waste load allocation
for the Houston Ship Channel area. Plans presently underway for the improvements
of the Baytown Sewer System will be presented during the course of the hearings.
Copies of the recommended 1974 -75 budget were sent to the Council prior to
August 1. At this meeting, the Council discussed & set the first work session on
theproposed budget for Tuesday morning, August 12 at 6:00 a.m., in the Conference
Room.
The council was reminded of the annual picnic for City employees, scheduled
for Friday, August 23 from 6 -8 :00 p.m.
The application approved by the Council for an intergovernmental Personnel Grant
from the Texas Department of Community Affairs has been approved: Mr. Northcutt gave
a brief report on the work done heretofore, his appearance at Austin in relation to
the application and the type of benefits to be derived from the overall program which
will be shared with Deer Park and LaMarque.
Lift Station Contractor has reported that all lift stations will be in service
at the end of the month with the exception of the Craigmont lift station.
On Contract No. 3 - Bayshore lacks about one hundred feet having all the
gravity sewer installed.
Contract #6 - Prollems in the upper Goose Creek area have not been eliminated
however, 2100 felt of pipe have been inspected north of the gap and the most part is
in good condition. Additional inspection will be made on the south side of the gap
in the next week.
5667
August 8 , 1974
Contra ct #7 - Contractor has installed ten (10 ") inch gravity sewer lines
on the east side of school property. Also, a six inch gravity line has been
installed in the Northridge area and the installation of the lines across
Decker Drive at Baker will begin this week.
The lift station near Ross Sterling High School is 50% complete.
About 200 feet of material has been excavated on the stst side of
Garth Road, from the bridge north with work progressing well according to the
engineers.
The water line in Glen Arbor is 95% complete in installation, with the
total project being 70% complete.
League of Women Voters Park - subgrade needs more work. Jenkins /Holloway
Park - clearing operations are virtually complete for parking area, trails
and tennis court.
The foundation forthe new fire station will be poured Moneay or Tuesday.
Fill VAcancy on council Created by Resignation of Councilman Cannon
Mayor Gentry stressed the need to fill the vacancy on the Council created
by the resignation of CouncilmanCannon. He asked members of the Council to be
prepared to submit a name or names at theTuesday morning work session so that the
position can be filled and give the appointee an opportunity to have some
background knowledge of the 1974 -75 budget before its adoption prior to the new
fiscal year beginning October 1.
Residents - Fencing Between property and Bay Plaza Shopping Center
The contractor on the gpay Plaza Shopping Center has been advised of the
City ordinance which requires a fence to be installed between the shopping center f
and homeowners' property. The Administrationhas been unsuccessful in getting
the contractor to conform to the requirements of the ordinance, and the Chief
Inspector, Leo Frost, has filed charges in Municipal Court. The trial is set
for Wednesday, August 14.
Central Baytown Business & Professional Association - Downtown Improvements
Mr. Guy Hayes, president of the Central Baytown Business & Professional
Association appeared to discuss with the Council the Association's proposal for
the improvement of the downtown area. The proposal included:
1. That West Texas Avenue between Commerce and Whiting Streets be changed
to a 24 -foot wide serpentine street and that angle parking be provided
in each block;
2. The addition d f island and sidewalk areas created by this change be
beautified by the addition of plants, benches, mini - shelters, etc; and
3. The Central Baytown B & P Association will pay the city $19,985v which
is the estimated cost of the plantings, shelters, etc., necessary
to complete the job.
The estimated cost to the city will be $45,568, which can be financed by 1975
Revenue Sharing Funds. The administration recommended approval of the project.
Councilman Dititman moved to accept the recommendation of the Administration
and approve the proposed project. CouncilmanBednarski seconded the motion.
The proposed cost to the City vs. the Association's contribution, and benefits
to be derived were discussed at length prior to calling for the vote. The
vote follows:
Ayes: Council members Lander, Bednarski, Wilbanks and Dittman
Mayor Gentry
Nays: Councilman Pool
August 8, 1974 5668
Report - Baytown Area Water Authority
Mr. Jack Kimmons, president of the Board of Directors of the Baytown Area
Water Authority, appeared before the Council to report on activities of the Board
since recommending that Baytown pursue a surface water supply. Following the
approval of the Council, a negotiating committee was appointed which has held eight
or nine sessions with the San Jacinto River Authority representatives. The committee
received what was thought to be a firm offer from SJRA to furnish untreated water
to Baytown at approximately 8.24 per thousand gallons and work began on a draft
contract with no mention of a change in rates; however, after several meetings the
SJRA official informed the committee that rates would have to be revised to
approximately 134 per thousand based on MGD requirements and the minimum take or
pay schedules submitted by BAWA. Negotiations between the two groups were unseccessful
in reaching terms that BAWA could accept. The committee learned that the water
SJRA was proposing to sell to BAWA was, in fact, owned by the Texas Water Development
Board, so the committee met with the manager of the development fund of TWDB, Mr.
Dannu Burger, to explore the possibility of purchasing the Board's rights to this
water and the committee was told to submit the application. Three alternatives are
open to BAWA at this time:
1. Continue negotiations to purchase water from SJRA for 134 per thousand
gallons;
2. Submit an application to the Water Development Board for the purchase of
water rights;
3. Purchase water from the City of Houston; however, a contract exists between
SJRA and the City of Houston which purportedly prohibits Houston from selling water
which will be consumed in the geographic area where Baytown is situated.
Of the three alternatives, if legally possible, the BAWA favored making
application to purchase the water rights from the Texas Water Development Board;
however, the committee does not know at this time all of the ramifications of such
an application but feels that the incentive for the citizens of Baytown merits the
Board's consideration, because of the savings to the consumer. He proposed to carry
the matter back to the BAWA Board and come back to the Council after a firm
recommendation has been reached.
The Council thanked Mr. Kimmons for the report, and expressed much concern
over the stance of SJRA and their unwillingness to negotiate a reasonable price
for water; also, preventing the City from acquiring another source of water.
Final Payment to Austin Paving Company
Mr. Lanham gave a brief resume of work of Austin Paving Company and it
was his opinion that the contractor had complied with the requirements of the contract.
There have been problems with drainage on Oregon but this is not the fault of the
contractor, and can only be corrected with storm sewer. The Administration has been
not ified by some of the creditors that they have not been paid and he recommended
that the approval be subject to the City's receipt of certificate of payment
from the sub - contractors. Councilman Bednarski moved to accept the recommendation
of the Administration. CouncilmanLander seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Gentry
Nays: None
ORDINANCE NO. 1636
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF BAYTOWN, TEXAS, APPROVING
AND ACCEPTING CONSTRUCTION OF PHASE II, 1971 STREET IMPROVEMENT PROGRAM,
BY AUSTIN PAVING COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE
WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF
FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID AUSTIN PAVING
COMPANY SUBJECT TO SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS OWNED BY THE
CONTRACTOR HAVE BEEN PAID; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
5669 August 8, 1974
Authorize Purchase Pipe - Ditch Across School Property between Lee Dr and
Carver Street
The School District is presently building its new parking facilities
abutting Lee Drive. The city has'a drain ditch in the area and -the district
has asked that-the ditch be relocated or -piped and covered. Any relocation
would create a problem for both the City and School District. The Administra-
tion recommended that the City purchase and install concrete pipe between
Lee Drive and the railroad property. The estimated cost for the concretelipe,
plus enough to pipe undere the railroad is $9,926.00. City- forces will be
doing the work. Bids will be received on corrugated pipe within a week and the
Administration will compare costs of the two pipes before making a final
decision on the type material to use. Councilman Bednarski moved to proceed
with the project with the city furnishing the material. Councilman Dittman
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dlttman-
Mayor Gentry
Nays: None
Award Bid - Traffic Buttons
Two bids were received on the advertisement for reflective and non - reflective
traffic buttons. The low bid is that-of Ferro Corporation for a total of
$6,739.62. The administration recommended the low bid. Councilman Bednarski
moved to accept the recommendation; CouncilmanLander seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Gentry
Nays: None
ORDINANCE NO. 1637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF FERRO CORPORATION FOR THE PURCHASE OF
PAVEMENT MARKERS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE
SUM OF SIX THOUSAND SEVEN HUNDRED THIRTY -NINE AND 621100 DOLLARS
WITH REGARD TO SUCH ACCEPTANCE.
Consider Plans - Authorize Advertising Bids Multi- Purpose'Sports'Field =Pelly Park
At the last meeting, the firm of Busch, Hutchison & Associates were asked
to negotiate with Chatham & Holzaepfel, the present contractor on Pelly Park,
to an addition of 25% to their contract for the development of the sports field
facility. The contractor has agreed to add $5,878 which will construct restrooms,
concessions, press box building, the slab, complete restrooms, all masonry work,
metal doors, door jams and a four -foot wide sidewalk. The carpentry would would
not be a part of this. The little league supporters will furnish the carpenter
labor and complete the project if the city will furnish the material. The estimated
cost will be less than $2,000 and with this arrangement, the city can stay within
funds allocated for the project. New contracts would have to be negotiated for
the site work, lighting and ele c trical service and fencing. It was the
recommendation of the Administration to add the $5,878 to the present contract, and
allow the Little League supporters to do the carpentry work with the city
furnishing the materials and take separate bids on the site work, fencing, an d
electrical service. Councilman Pool moved to accept the recommendation of the
Administration; Councilman BEdnarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks andDittman
Mayor Gentry
Nays: None
August 8, 1974
Accepting and Authorizing Payment to Skrla, Phase IV, 1973 Street Improvements
Mr. Lanham reported that the work had been completed by Skrla, Inc., on
Phase IV, 1973 Street Improvement Program, woth on overrun because of the new
base materials required for Kentucky Street. The engineer has made inspection and
the work is satisfactory. It was the recommendation of the Administration that the
final payment be made. Councilman Pool moved to accept the recommendation of the
Administration and final payment of $18,445.37 be made to Skrla, Inc. Councilman
Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Gentry
Nays: None
ORDINANCE NO. 1638
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
AND ACCEPTING CONSTRUCTION OF THE 1973 STREET IMPROVEMENT PROGRAM, PHASE
IV, BY SXRLA, INC., FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH
THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL
ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID SKRLA, INC.; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Report - Animal Control
5670
Mr. Lanham referred to a recent report sent to members of the Council which
gave statistics showing there have been improvements in animal control during 1974 over
1973. There has been an increase in the number of dogs picked up, an increase in the
number of tickets issued, and an increase in warnings and the number of cats handled
at the pound. The study indicated that the problem can be reduced without the
expenditure of additional funds for manpower and equipment as the (1) working hours
for the animal wardens have been changed, (2) the Chief of Police has placed the
Humane Officers directly under the supervision of the patrol lieutenant and his
sergeants; (3) emphasis given to citations, and (4) have order two additional cage
type traps for catching dogs. In addition, the Administration recommended two changes
to the Animal Control Ordinance, namely: (1) increase the minimum fine upon conviction
of allowing a dog to run at large to $25, and (2) to increase fee charged as poundage
for the impoundment of animal from $10, to $20 per head. The Council accepted the report
and authorized the Administration to prepare the ordinance, for presentation at the
next meeting, reflecting these two changes to the Animal Control Ordinance.
Change Order with Brawn 6 Root - Improve Park Street from Pruett 't0 North Main
Mr. Lanham submitted a recommendation for a change order in the contract of
Brown a Root, present contractor pn Phase II, 1974 Street Improvement Program for the
rebuilding of Park Street from Purett to North Main at the same unit prices quoted under
the Phase II program. Cost estimates for this change was $112,000, which would include
replacing curb and gutter. Following some discussion, Councilman Bednarski moved to
accept the recommendation and add this improvement to the present contract payment to
be made from the 1974 -75 Revenue Sharing Fund. Councilman Dittman seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbank$ and Dittman
Mayor Gentry
Nays: None
ORDINANCE NO. 1639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CHANGE ORDER WITH BROWN $ ROOT, INC., PHASE II,
- 1974 STREET IMPROVEMENT PROGRAM, TO INCLUDE THE IMPROVEMENT OF
PARE STREET FROM PRUETT STREET TO NORTH MAIN STREET IN THE CITY
OF BAYTOWN; MAKING AN APPROPRIATION OF AVAILABLE FUNDS TO PAY
THE COST OF SAID IMPROVEMENT UNDER SAID CHANGE ORDER, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
5671
August 8,1974
Expression Thanks Work of Firemen Recent Fire Commerce and Defee Streets
.N-
Mayor Gentry, expressing for Mr. A. Raneri who had to leave the meeting,
expressed his appreciation to both the regular and volunteer firemen for the
work done at the site of the recent fire in the old Oiler movie theatre at the
corner of Commerce and West Defee Streets. His business was next to the building
that was destroyed and the effects of the fire on Us place of business was
greatly minimized by the coordinated work of the firemen.
Adjourn
There being no further business to come before the council, the motion
was made by Councilman Bednarski, seconded by Councilman Lander to adjourn.
The Mayor declared the meeting adjourned.
ATTEST:
W f^ -fil.J
EDNA OLIVER, City Clerk
APPROVED:
TOM GENTRY, Mayor
r