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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