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1974 09 26 CC Minutes5694 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 26, 1974 The City Council of the City of Baytown met in regular session, Thursday, September 26, 1974, at 6:30 P. M. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Tom Walmsley Jody Lander Fred Bednarski,Jr. Charles Pool Mary E. Wilbanks Henry Dittman Tom Gentry Fritz Lanham Jon Pfennig Edna Oliver Howard Northcutt Councilman Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager Assistant City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order and theinvocation was offered by Mrs. Edna Oliver. Approve Minutes Councilman Lander corrected the minutes regarding the public hearing on the proposed budget, September 12, concerning the General Obligation Interest & Sinking Fund; This amount should be $1,159,246. Mr. Lander then moved approval of the minutes as corrected, and ratification of the actions taken concerning the regular and executive meetings on September 12; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None Recognition - Former Councilman Allen Cannon Mayor Gentry presented to the family of Mr. Allen Cannon a plaque recognizing him for his service to the City of Baytown from April 19, 1969 until August 8, 1974, Mr. Cannon served as Councilman and Mayor Pro Tem. Receive Petitions Mrs. Frances Johnson presented the following petition to the Council, containing 25 signatures: "We, the citizens of Baytown, residents of East Nazro Street, request that action be taken to in4estigate the deplorable conditions that exist at 9 East Nazro. It is defacing our neighborhood, lowering our property value and is a fire hazard and a health hazard." Mrs. Johnson explained that letters have been sent to the property owner, however, nothing has been done to clean it up. Councilman Walmsley moved to accept the petition, Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None Mayor Gentry referred the petition to the Administration so that proper actim,may be taken. 5695 September 26, 1974 City Manager's Report The Engineering and Parks & Recreation Departments are working on plans and specifications for the downtown improvement project that was approved several weeks ago. The plans should be presented to council during the second meeting in October. Bids should be received before Christmas; however, because of the heavy traffic the downtown area experiences during Christmas, work should not begin until after the holidays. Mr. Lanham brought to council's attention work that Mr. Floyd Adcox, a city employee, has been engaged in. Since February, Mr. Adcox has been developing a process at the West Main Treatment Plant which could save the City of Baytown, as well as other communities, a great deal of money. Mr. Ivan Langford explained that this process reduces the BOD of sludge from 500 Parts per Million, to less than 1 Part per Million, and reduces the bulk of the sludge 95%. The process changes it into a sandy- colored liquid. The Water Quality Board has taken samples of the liquid, and other than finding a very low PH, indicated that Mr. Adcox had accomplished very good results. This method will be studied & documented under very scientific conditions, and may possibly be patentable. The EPA has given verbal approval of a delay in the sludge handling facilities at the East District Plant to see if the process is feasible from the standpoints of disposal and cost. The tower has been installed at the police station for the new radio equipment, which should be operational in 4 -6 weeks. The Revenue Sharing Legislation will expire in 1975. A resolution will be considered at the next council meeting supporting the continuance of Revenue Sharing. The Federal Government is researching the effects of Revenue Sharing to see if it is worthy of being extended. The canvass of the election concerning collective bargaining must be held on the second Wednesday following the election, or October 16. Councilman Pool moved to meet at 7:00 A. M. on October 16 for the canvassing; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Siding is being installed on Fire Station No. 6. Progress on Garth Road has been delayed by weather; The contractor is scheduled to pour 2,000 linear feet of roadway next week. Glen Arbor waterlines - all mains have been installed; and one -half of the service connections have been made. The League of Women Voters Park hike & bike trails, and fishing pier are 75% complete. The grading for the ball diamond at Jenkins - Hollaway has been completed. The foundation for the shelter and concession stands at Pelly Park is under construction. West Main Treatment Plant - less than 1% of thelvork remains to be done. Contract #2 - all lift stations are operational except Craigmont. Contract X13 - the contract has moved in crews to get back to work. Contract #5 - the material has been ordered for the special construction; the contractor's bonding company has asked for an opportunity to review the change order. Contract #7 is 90% complete. September 26, 1974 5696 Mr. Bill Lucus - Drainage on Caldwell Street Mr. Bill Lucus appeared to discuss a drainage problem on Caldwell Street. In 1972, the city approved the extension of a waterline to his property. During the laying of this line, the excess dirt was thrown on the back side of the ditch and the vacant lots adjacent to his property. The dirt has remained there since. Mr. Lucus explained that this prevents the proper drainage of the ditch, which has been mowed only twice this year. The weeds there create a health hazard, and harbors mosquitoes. Water backs up into his yard because of poor drainage, however, has not gone into his house. In discussing this situation with Mr. Lucus, Mr. Lanham explained that Caldwell Street, along with Timber Lane, Robin Road and Jasmine is 421 on the drainage priority list. American Revolution Bicentennial Commission Mr. Lawrence Weiler appeared to request the establishment of a Baytown American Revolution Bicentennial Commission. The year beginning July 4, 1975 through July 4, 1976 has been nationally established as the American Revolution Bicentennial Year. To date, approximately 1100 communities in the United States have decided to enter into this. The American Revolution Bicentennial Administration, nationally, is trying to oversee this and has been attempting to coordinate these efforts into three general phases: (1) Horizon '74, (2) Festival U.S.A., and (3) Heritage '76. Mr. Weiler urged council to set up such a commission as soon as possible. Mayor Gentry pointed out that inquiries have been made regarding this program, although no definite action has been taken. Council will give strong consider- ation to participation in this program. Increase Sewer Charge Proposed Ordinance No. 40926 -1 will implement one of the revenue items that was in the approved budget, that being increasing the sewer service charge. The charge for both residential and commercial will be a minimum charge of $2.40, and 40p per thousand gallons after the first 3,000 used. At a future council meeting, an industrial waste ordinance will be considered. Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 13, "UTILITIES," ARTICLE V, SEWER SERVICE, SECTION 31 -65, SEWER SERVICE CHARGE, TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION 31 -65; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Increase Garbage Charge Proposed Ordinance No. 40926 -2 will increase the monthly garbage pickup charge from $2.50 to $3.00. This will yield about $449,000; the cost of operating the sanitation department is approximately $492,000. Landfill charges are included in the anticipated revenue. Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded the motion. Councilman Lander asked the administration to take another look at what is being charged the commercial operators to use the City's landfill, to see 5b9/ if the price is sufficient. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Nays: None ORDINANCE NO. 1669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN; TEXAS, AMENDING CHAPTER 14, "GARBAGE AND TRASH," ARTICLE II, COLLECTION OF REFUSE, SECTION 14 -24, CHARGE FOR COLLECTION, TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION 14 -24; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Increase Tax Exemption - Senior Citizens Proposed Ordinance No. 40926 -3 will increase the exemption of persons 65 years of age or older from the present $3,000 to $4,000 of the assessed value of residence homesteads. Councilman Lander moved seconded the motion: Ayes: Council members & Walmsley Mayor Gentry Nays: None to adopt the ordinance; Councilman Bednarski Lander, Bednarski, Pool, Wilbanks, Dittman ORDINANCE NO. 1670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 28 1/2, "TAXATION," BY REPEALING SUBSECTION 28 1 /2.1(b) AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE THE PROVISIONS OF A NEW SUBSECTION 28 1/2.1(b): REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Fire Protection to Unincorporated Areas of Harris County Mr. Lanham referred to a letter from Mr. J. J. Pruitt, fire marshal cor Harris County, explaining the guidelines for responsing to fires in the "secondary area" of Harris County. However, this still does not meet the requirements placed by council at the time the agreement was first presented, June 13, 1974. The "secondary area" of the agreement is beyond ten miles of the city limits; this could be very difficult to provide fire protection to this area in view of Baytown's strip annexations. Mr. Lanham recommended that the agreement not be signed, and that negotiations with Mr. Pruitt continue. Council offered no objection. Authorize Transfers from Congingency in General Fund Resolution Nol 483 will authorize the transfer of $30,956.00 from Congingency fund, to the following accounts in the General Fund that were underappropriated in the 1973 -74 budget: (1) library (2) municipal court (3) garage. Councilman Pool moved to adopt the resolution; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, LWilbanks, Dittman and Walmsley Nays: None September 26, 1974 5698 RESOLUTION NO. 483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THIRTY THOUSAND NINE HUNDRED FIFTY -SIX AND N01100 ($30,956.00) DOLLARS FROM BUDGET ACCOUNT NO. 101 -12 -1, "CONTINGENCIES," TO ACCOUNTS WITHIN THE GENERAL FUND. Proposed Ordinance No. 40926 -3 will authorize the transfer of $50,124.00 from the unappropriated surplus Genetial Fund to the following budget accounts that were overspent: (1) Garage (2) Streets (3) Refuse Collection & Disposal (4) Insurance. Councilman Lander moved adoption; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1671 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FIFTY THOUSAND ONE HUNDRED TWENTY -FOUR AND N01100 ($50,124.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS GENERAL FUND TO VARIOUS BUDGET ACCOUNTS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Resolution No. 484 will authorize the transfer of $30,403.00 from Contingency to various items in the Water & Sanitary Sewer Funds that were underappropriated in the 1973 -74 budget. Councilwoman Wilbanks moved adoption; motion seconded by Councilman Bednarski. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman& Walmsley Mayor Gentry Nays: None RESOLUTION NO. 484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THIRTY THOUSAND FOUR HUNDRED THREE AND no /100 ($30,403.00) DOLLARS FROM BUDGET ACCOUNT NO. 1001 -12 -1, "CONTINGENCIES," TO ACCOUNT WITHIN THE WATERWORKS AND SANITARY SEWER FUND. Proposed Ordinance No. 40926 -4 will authorize the appropriation of $11,867.00 from the unappropriated surplus Water Fund to various items inthe Water and Sanitary Sewer Fund. Councilman Bednarski moved adoption; Councilman Lander seconded themotion: Ayes: CounciL.members Lander, Bednarski, Pool, Wilbnaks,Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1672 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE ELEVEN THOUSAND EIGHT HUNDRED SIXTY -SEVEN AND N01100 ($11,867.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS WATER FUND TO BUDGET ACCOUNT NO. 1003- 10 -10. Authorize Application for Grant - Harris County Organized Crime Unit Proposed Resolution No. 485 will authorize the City Manager to apply for grant for the continued operation of the Harris County Organized Crime Unit. A number of municipalities in Harris County, as well as Harris County, participate in the Unit. L The participants have asked the City of Baytown to be the grantee for the third year of operation. There is no cost to the city, and Mr. Lanham recommended approval. Councilman Pool moved to adopt the resolution; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None 5699 Z September 26, 1974 RESOLUTION NO. 485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR A GRANT FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. amply for Governor's Office of Traffic Safety Grant Proposed Resolution No. 486 will authorize the City Manager to apply for a Governor's Office of Traffic Safety Grant to prepare a traffic engineering study. The cost for this study should be approximately $13,800. The grant would pay for 90% of this, with the City paying 10%. This study is necessary because of a federal law that requires cities to meet certain standards by certain dates. The Council Traffic Committee has recommended approval, and Mr. Lanham concurred. Councilman Pool moved to adopt the resolution; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 486 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING FRITZ LANHAM, CITY MANAGER, TO EXECUTE THE NECESSARY APPLICATION INSTRUMENTS TO APPLY TO THE GOVERNOR'S OFFICE OF TRAFFIC SAFETY AND ANY OTHER AGENCY FOR GRANT FUNDS TO FUND A TRAFFIC ENGINEERING STUDY FOR THE CITY OF BAYTOWN. Temporary Traffic Control Signal - Decker Drive at Shady Hill Drive The Council Traffic Committee has recommended approval of the installation of a temporary traffic control signal at the intersection of Decker Drive and Shady Hill Drive. This is necessary because of increased construction traffic during Exxon's expansion project. The light will be installed at Exxon's cost, in accordance with the Texas Highway Department's specifications, and will be removed on completion of the Exxon expansion. Councilman Pool moved to approve installation of the traffic light; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Executive Session Mayor Gentry recessed the open meeting into an executive session for discussion of right of way matters and pending litigation. Reconvene When the open meeting reconvened, the following action was taken: Councilman Bednarski moved adoption of Proposed Ordinance No. 40926 -6, employing a law firm to represent the City in pending litigation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None September 26, 1974 ORDINANCE NO. 1673 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROPOSAL OF THE HONORABLE TOM ALEXANDER OF THE LAW FIRM OF BUTLER, BINION, RICE, COOK & KNAPP DATED SEPTEMBER 13, 1974, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND RETAINING SAID FIRM FOR PROFESSIONAL SERVICE TO BE RENDERED IN THE DEFENSE OF THE CAUSE OF ACTION BROUGHT AGAINST THE CITY OF BAYTOWN BY MRS. PEARL DOUCET AND MRS. HELEN DOUCET, CONSISTENT WITH THE TERMS, RATES, AND FEES SET FORTH IN SAID PROPOSAL AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ada ourn 5700 Upon the motion by Councilman Bednarski, seconded by Councilwoman Wilbanks, the council voted unanimously to adjourn. APPROVED:_ /s/ Tom Gentry TOM GENTRY, Mayor ATTEST: a '� aL�' EDNA OLIVER, CITY Clerk