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1974 10 10 CC Minutes5701 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 10, 1974 The City Council of the City of Baytown met in regular session, Thursday, October 10, 1974, at 6:30 P. M. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Fred Bednarski, Charles Pool Mary E. Wilbanks Henry Dittman Tom Walmsley Tom Gentry Fritz Lanham Neel Richardson Belinda Bingham Howard Northcutt Absent: Edna Oliver Councilman Jr. Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney Deputy City Clerk Assistant City Manager City Clerk Mayor Gentry called the meeting to order and the invocation was offered by Reverend Burnette W. Dowler, Pastor of First Presbyterian Church. Approve Minutes Councilman Pool moved approval of the minutes of the meeting held September 26, 1974 and ratification of the actions taken at that meeting; Councilman Walmsley seconded themotion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None City Manager's Report Notification has been received from the Texas Highway Department that Bayway Drive has been approved by the Highway Commission to be included in the Urban Systems Program. This was requested by the City of Baytown several years ago, and at that time, the estimated cost of the city's share was $1,006,000. A Minute Order concerning this project will be on the agenda of the next council meeting. The traffic signal at the intersection of Decker and Sterling should be in service next week. At the last council meeting, a petition was presented to council from residents of East Nazro Street, regarding conditions at one of the locations on that street. Since that time, the Inspections Department has filed suit in Corporation Court. Mr. Lanham referred to a letter from the League of Women Voters, suggesting that council adopt a policy regarding use of the Council Chamber by civic groups on non - partisan governmental subjects. Should a policy be adopted, Mr. Lanham suggested the following criteria ? be met by sponsors of such meetings: 1. Baytown civic or community organizations 2. Non - partisan 3. Meeting must be open to the general public. 4. Purpose of meeting must involve governmental policies or activities 5. The sponsoring organization must submit information sufficient to indicate that the meeting is the type requiring a room such as the City Council Chamber, (need for multiple speakers, etc.) 6. Pay custodian at rate of time and one -half for actual time building is open, but for a minimum of three hours. Governmental organizations including city appointed boards and commissions would not be required to meet this criteria, although reservations would have to be made with the City Manager's office. Following discussion, council concurred to consider this during the special meeting, Wednesday, October 16 at 7:00 A. M. October 10, 1974 5702 As requested, department heads have submitted reports of capital improvement needs covering the next five years. In the past, a citizens committee has been appointed to study the needs of Baytown, and make a recommendation to council for a bond election. Following discussion, Council concurred to authorize the Mayor and Mr. Lanham to come up with a tentative committee structure, with potential nominees, to be presented to council at a later meeting. This activity will be coordinated with the Goals for Baytown committee. The drainage work being done with city forces is on schedule. Work on the Ashby Street ditch is nearing completion; work is underway in the Stewart Heights Addition. The paving contractor, Brown & Root, has all roads either complete or under construction, with the exception of Kilgore Road. THe Flood Control personnel felt that it was not necessary to put additional pipe in the ditch on Kilgore Road because the homes in this area do not flood. For this reason, Kilgore will be improved as originally planned. Capital Improvements: Bond Funds Fire Station No. 6 - Roofing is being installed. Garth Road - the contractor will pour 800' of concrete roadway tomorrow. Glen Arbor waterlines - contract is 75% complete. League of Women Voters Park - electrical work for lighting, and preparation of the base for tennis courts is underway. Jenkins - Hollaway Park - Work on the entrance road and trails is underway. Pelly Park - foundations for both buildings are complete; the shelter at the tricycle freeway has been erected. Sanitary Sewer Improvements: Contract #1 - West Main plant - less than one percent remains to complete this project, however, the plant is in full operation Contract #2 - Lift stations - two lift stations are in service; three are operational Contract U3 - very little work has beendone since the last meeting. The engineer has instructed the contractor to begin full construction within ten days. Contract #5 - Upper Goose Creek Interceptor - there has been no change in construction since the last meeting. The contract hasnot returned the signed change order that was approved one month ago. Contract #7 - 95% complete. CouncilmanDittman called attention to the condition of Craig Street, which runs parallel to Baker Road in Dent Addition. This is used as a second entrance to Sterling High School, and being a shell road, the residents are experiencing dust problems. Mr. Lanham explained that the land on which Craig Street is located is actually owned by the school district. However, Brown & Root will be putting an oil & asphalt material on East Road next week, and the school district will be contacted about putting this material on Craig at the same time. Consider Petition - Pave Portion of Post Oak Drive Mr. Lanham presented a petition signed by residents of Post Oak Road requesting that it be improved under the assessment paving program. The first time this petition was presented, about 45% of the property was represented by the signatures. This time, all of the property owners, other than the church, have signed the petition agreeing to pay their share. This represents 54% of the property owners. The council's policy regarding assessment paving states that 65% of the property owners on a particular street must petition for assessment paving, however, the policy does allow variation if strict application would result in undue hardships, or if variation would serve the best interest of the City. Mr. Lanham recommended that council vary from the policy of 65%, and that an assessment paving procedure be implemented for Post Oak Road from Bayway Drive, west to the end of the present concrete pavement, a distance of 550 feet. Councilman Dittman moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None .) N3 October 10, 1974 Reimbursement for Water System Improvements - Allenbrook Subdivision The plans for Allenbrook Subdivision when presented showed an eight inch water line, which was adequate for that subdivision. However, in order to provide for future development, the engineering department required a ten inch line. In accordance with Section 27 -56 of theCode of Ordinances, the developer should be reimbursed for the difference in cost of the larger pipe. In this case, the amount is $2,946.00, and will be paid from budgeted water funds. Councilman Lander moved to reimburse Richardson DevelopmentCompany in the amount of $2,946; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and WAlmsley Mayor Gentry Nays: None Award Bid - Common Sewer Brick Bids were opened September 30 for purchase of an estimated amount of common sewer brick: ANDY CORDELL BRICK CO. HOUSTON BRICK & TILE CO Quantity: 90,000 Unit Total Unit Total $60.00 1h $5,400.00 $68.00 � $6,120.00 Mr. Lanham recommended awarding the low bid of Cordell. Councilman Pool moved to adopt the ordinance awarding the bid as recommended; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Nays: None ORDINANCE NO. 1674 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANDY CORDELL BRICK COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF COMMON SEWER BRICK ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Sterilant Bids were opened September 30 for the purchase of soil sterilant: Quantity: 17 (55 gal. drums) CHEMTEC RESOURCES CERTIFIED LAB. MALTER INTER. $7,386.50 $11,360.25 $13,744.50 Mr. Lanham recommended awarding the low bid of Chemtec Resources. Councilman Bednarski moved to adopt the ordinance awarding the bid as recommended; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CHEMTEC RESOURCES FOR THE PURCHASE OF ESTIMATED QUANTITIES OF SOIL STERILANT ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. r October 10, 1974 Award Bid - Bank Sand Bids were opened September 30 for the purchase of bank sand: Quantity: 2,000 yards BAYTOWN SAND & CLAY RIGHT WAY SAND CO Unit Total Unit $2.15 $4,300.00 $2.25 Total 5704 HIGHLANDS SHELL Unit Total $4,500.00 $3.25 $6,500.0( Mr. Lanham recommended awarding the low bid of Baytown Sand & Clay. Councilman Bednarski moved to adopt the ordinance awarding the bid as recommended; Councilman Walmsley seconded the motion: Ayes: Councilmembers Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None * ORDINANCE NO. 1676 Award Bid - Sign Blanks & Posts Bids were opened September 30 for traffic sign blanks & posts: VULCAN SIGNS: $2,713.42 TRAFFIC SUPPLY: $2,975.58 HALL SIGNS: $3,274.26 SA -S0, INC.: CATAPHOTE: A B C MFG.: ( * Did not bid on all items) $3,194.90 * $1,308.88 * $2,040.00 Mr. Lanham recommended awarding the low bid of Vulcan Signs. Councilman Pool moved to adopt the ordinance awarding the bid as recommended; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ( ** ORDINANCE NO. 1677) * ORDINANCE NO. 1676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN SAND & CLAY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF BANK SAND ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ** ORDINANCE N0. 1677 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF VULCAN SIGNS FOR THE PURCHASE OF ESTIMATED QUANTITIES OF SIGN BLANKS AND POSTS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANITITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Bid for Purchase of Shell Only one bid was received for thepurchase of shell. Mr. Lanham opened thebid: HIGHLANDS SHELL: Stabilized shell: Shell: At council's direction, $8.60 per ton $5.00 per cubic yard The bid was then given to Mr. Doug Lunceford for evaluation and a recommendation later in the meeting. Council discussed the practice of not opening a bid when only one bid is received, It was council's decision that this practice should be discontinued in the interest of saving time, and that in the future, all bids will be opened at their designated times. 5705 October 10, 1974 Consider Request for Easement Exxon has requested an easement from the City to cross the corner of Harbor and Dayton Streets near the Houston Light & Power substation. This is requested in order to install industrial and storm sewer for drainage for their new facilities. Mr. Lanham recommended approval. Councilman Bednarski moved to accept the recommendation; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None Resolution Supporting and Urging Continuation of Federal Revenue Sharing Program Proposed Resolution No. 487 supports and urges continuation of the State and Local Fiscal Assistance Act, or Federal Revenue Sharing Program. This program will expire Decem9er 31, 1976, and cities are encouraging their congressmen to continue the program. This resolution will be forwarded to Congressman Eckhardt and any others running for that office. Councilman Dittman moved adoption; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None RESOLUTION NO. 487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING AND URGING CONTINUATION OF THE STATE AND LOCAL FISCAL ASSISTANCE ACT AND URGING ALL CONGRESSIONAL CANDIDATES TO ISSUE PUBLIC STATEMENTS EXPRESSSING THEIR COMMITMENT TO THE CONTINUATION OF THE REVENUE SHARING PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. CONSIDER Bid for Electrical Work at Pelly Park Only one bid was received for electrical work at Pelly Park: BAYTOWN INDUSTRIAL CORP: $48,896 alternate bid: $40,570 This bid is above the estimate ($12,500) and Mr. Lanham recommended rejecting this bid and readvertising. The administration is considering the possibility of the city purchasing the material and then seeking a contractor to install it. Councilman Bednarski moved to reject the bid as recommended; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None Consider Bid for Fencing at Pelly Park Only one bid was received for fencing: FOSTER: $10,000 Since the estimate for this work was $5,000, Mr. Lanham recommended rejecting this bid and readvertising. Councilman Dittman moved to reject the bid as recommended; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsle• Mayor Gentry L Nays: None October 10, 1974 Abolish Pest Control Board 5706 Proposed Ordinance No. 41010 -7 will abolish the Pest Control Board of the City of Baytown. This is the recommendation of that Board because the duty of licensing pest control operators has been taken over by the state under regulations passed by the last State Legislature. CouncilmanBednarski moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1678• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 23 OF THE CODE OF ORDINANCES ENTITLED, "PEST CONTROL OPERATORS," AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Renew Contract for Baytown Housing Authority Proposed Ordinance No. 41010 -6 will renew the contract with the Baytown Housing Aughority for the operation of DeZavala, Edison and Sam Houston Community Centers. The contract is the same as last year's with regard to recreational services and the amount of reimbursement to the City Jor the service. Councilman Walmsley moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski,Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1679 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 A CONTRACT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN AND THE CITY OF BAYTOWN, TEXAS, WITH REGARD TO PROVIDING CITY OF BAYTOWN PARKS & RECREATION DEPARTMENT PERSONNEL FOR THE ORGANIZATION, SUPERVISION, AND ADMINIS- TRATION OF COMMUNITY ACTIVITIES PROGRAMS AT EDISON COURT, DEZAVALA COURT, AND LINCOLN -SAM HOUSTON COURT COMMUNITY CENTERS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Shell Having reviewed the bid of Highlands Shell opened earlier in the meeting, Mr. Lunceford recommended that it be awarded. Councilman Lander moved to award the bid; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1680 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HIGHLANDS SHELL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF SHELL AND STABILIZED SHELL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. East Road Mr. Clark appeared before council representing the residents of East Road. Mr. Clark complained of the dust problem caused from the shell road, the need for speed limit signs, and the poor drainage in the area. Mr. Clark urged council to take the necessary action to alleviate these problems. Recess to Executive Session Mayor Gentry recessed the open meeting into an executive session for discussion of pending litigation and right of way matters. When the meeting reconvened, Mayor Gentry reported that no action had been taken in the executive session. 5707 Authorize Trip - Houston Galveston Area Council . Councilman Dittman has been requested by the Houston Galveston Area Council to attend the Governor's Conference in El Paso on Thursday and Friday of next week. Mr. Dittman requested ocuncil authorization to attend. Councilman Pool moved to authorize Councilman Dittman to attend the con- ference, and to reimburse him for expenses not paid for by the H -GAC. Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Ditttan and Walmsley Mayor Gentry Nays: None Adj ourn With no further business to transact, Councilman Bednarski moved to adjourn. Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks,Dittman and Walmsley Nays: None APPROVED: /s/ Tom GEntry TOM GENTRY, Mayor ATTEST: .usL� BELINDA BINGHAM, Deputy Ci y Clerk