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1974 11 26 CC Minutes5731 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 26, 1974 The City Council of the City of Baytown met in regular session, Thursday, Mayor Gentry called the meeting to order and the invocation was offered by Mrs. Edna Oliver. Approve Minutes Councilman Dittman moved to approve the minutes of the meeting held November 14, 1974, and to ratify the actions taken at that meeting; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None City Manager's Report Regarding the unfinished houses on Meadowibk} Drive that was discussed at the last council meeting, Mr. Bailey has indicated that the houses should be closed -in by December 8, and the interiors completed by December 22. The Transportation for the Elderly program expires at the end of this month. A citizens committee is meeting to determine if the should be continued. The response from senior citizens has not been what was expected. Mt. Navarre has agreed to continue the service through the month of December, pending a recommendation from the committee. The Capital Improvements Executive Committee met for the first time this morning. A tentative schedule was presented at that meeting, and they are beginning to appoint members to their various subcommittees. The second meeting in December falls on December 26. Traditionally, only one meeting is held in December because of the holidays. Following discussion, council concurred to have the December meeting on Thursday, the 19th, at 6:30 P. m. Capital Improvements - Park Street and Roseland Park Drive are ready for surfacing. Sanitary Sewer Contract Ill - final inspection is scheduled tomorrow at 10:00 A.M. Contract 112 - final inspection is scheduled tomorrow at 2:00 P.M. Contract 113 - While in the process of tunneling for installation of the pipe, Bayshore Constructors hit some concrete that was installed during water line construction several years ago. City forces will remove two or three joints of this line tomorrow, and the contractor will resume excavation and installation of the pipe by the second regular working day following removal of the line. Some clean up work has also been done. Contract #5 - the contractor is continuing to clean the 36 -inch pipeline. An inspection has been made on a portion of that line, and it appears to be in good condition. November 26, 1974, at 6:30 P. M., in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Councilman Fred Bednarskl,Jr. Councilman Henry Dittman Councilman Tom Walmsley Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Howard Northcutt Assistant City Manager Absent: Charles Pool Councilman Mary Wilbanks Councilwoman Mayor Gentry called the meeting to order and the invocation was offered by Mrs. Edna Oliver. Approve Minutes Councilman Dittman moved to approve the minutes of the meeting held November 14, 1974, and to ratify the actions taken at that meeting; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None City Manager's Report Regarding the unfinished houses on Meadowibk} Drive that was discussed at the last council meeting, Mr. Bailey has indicated that the houses should be closed -in by December 8, and the interiors completed by December 22. The Transportation for the Elderly program expires at the end of this month. A citizens committee is meeting to determine if the should be continued. The response from senior citizens has not been what was expected. Mt. Navarre has agreed to continue the service through the month of December, pending a recommendation from the committee. The Capital Improvements Executive Committee met for the first time this morning. A tentative schedule was presented at that meeting, and they are beginning to appoint members to their various subcommittees. The second meeting in December falls on December 26. Traditionally, only one meeting is held in December because of the holidays. Following discussion, council concurred to have the December meeting on Thursday, the 19th, at 6:30 P. m. Capital Improvements - Park Street and Roseland Park Drive are ready for surfacing. Sanitary Sewer Contract Ill - final inspection is scheduled tomorrow at 10:00 A.M. Contract 112 - final inspection is scheduled tomorrow at 2:00 P.M. Contract 113 - While in the process of tunneling for installation of the pipe, Bayshore Constructors hit some concrete that was installed during water line construction several years ago. City forces will remove two or three joints of this line tomorrow, and the contractor will resume excavation and installation of the pipe by the second regular working day following removal of the line. Some clean up work has also been done. Contract #5 - the contractor is continuing to clean the 36 -inch pipeline. An inspection has been made on a portion of that line, and it appears to be in good condition. 5732 November 26, 1974 City Manager's Report, continued In September the administration submitted to the Texas Water Quality Board and the Environmental Protection Agency, a plan for eliminating excessive infiltration/ inflow with respect to the East District Sewerage System improvements. This plan has now been approved by both agencies. Plans and specifications for bids should be presented to the council during the first meeting in January. Glen Arbor water lines - all service connections have been made; cleanup remains. Little progress has been made at parks because of weather. Mr. Paul Davis, Deputy General Manager of the Gulf Coast Waste Disposal Authority appeared and discussed various resource recovery systems across the country. The GCWDA is looking into such systems in this area, and is encouraging cities to support it in its effort. Texas Municipal League Workmen's Compensation Joint Insurance Fund - Board of Trustees Proposed Resolution No. 490 will cast the City's vote in the election of the Board of Trustees for the Texas Municipal League Workmen's Compensation Joint Insurance Fund. The persons listed on the official ballot are presently serving as Trustees subject to the results of the election. Mr. Lanham recommended the election of those persons listed on the ballot: Term Expiring Dec. 31, 1975 Alfred H. Koebig, Mayor, Seguin W. E. Routh, City Manager, Alvin R. M. Townsend,City Mgr., Corpus Christi Term Expiring Dec. 31, 1976 N. A. Bickley, City Att., Dallas Norman Barker, Finance Adm, Austin J. B. Aycock, City Att., Amarillo Term Expiring Dec. 31, 1977 Bill B. Storey, Director of Personnel, Pasadena Richard D. Brown, Exec. Director, TML Carl White, Director of Finance, San Antonio Councilman Lander moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Councilmen Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION N0. 490 A RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING THE CITY CLERK OF THECITY OF BAYTOWN TO COMPLETE THE OFFICIAL BALLOT INDICATING COUNCIL'S CHOICE OF CANDIDATES TO SERVE ON THE BOARD OF TRUSTEES FOR THE TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND. Harris County Organized Crime Control Unit Proposed Ordinance No. 41126 -1 will enter the City of Baytown into a lease agreement for office space for the Harris County OrganizedCrime Control -Unit. Baytown is the recipient of the grant for operation of the Crime Unit, which serves the county and several cities. Presently, this Unit is operating from rented office space on Federal Road in Greens Bayou, and Mr. Lanham recommended this be continued. The will be paid totally�fromuthe- Criminal Justice Council grant. Councilman Bednarski moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes; Councilmen Lander, Bednarski, Walmsley and Dittman Mayor Gentry Nays: None November 26, 1974 5733 ORDINANCE NO. 1713 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A LEASE AGREEMENT ON BEHALF OF THE CITY OF BAYTOWN TO LEASE A PORTION OF THE SECOND STORY OF THAT CERTAIN BUILDING LOCATED AT 1516 FEDERAL ROAD IN THE CITY OF HOUSTON, HARRIS COUNTY, TEXAS, AS OFFICE SPACE TO BE UTILIZED BY THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Final Payment - Goose Creek Drive Storm and Sanitary Sewer Proiect 1 The Goose Creek Drive Storm sewer and sanitary sewer project has been satisfactorily completed, and the consulting engineer has recommended final payment to the contractor be authorized in the amount of $5,838.30. The original contract amount was $53,658; the total final contract is $54,648 which reflects an overrun of $990. Councilman Dittman moved to adopt the ordinance authorizing final payment; Councilman Walmsley seconded the motion: Ayes: Councilmen Lander, Bednarski, Walmsley and Dittman Mayor Gentry Nays: None ORDINANCE NO.-1714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF GOOSE CREEK DRIVE STORM AND SANITARY SEWER, JOB NO. 73 -556, BY MCKEY CONSTRUCTION & EQUIPMENT RENTALS, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Enter into Agreement - Texas Department of Community Affairs and U. S. Civil Service Commission Proposed Ordinance No. 41126 -3 will enter the City of Baytown into an agreement with the Texas Department of Community Affairs and the United 6tates Civil Service Commission for a grant for technical assistance for development of a personnel program. Baytown, along with Deer Park and LaMarque, submitted an application under theprovisions of the Intergovernmental Personnel Act of 1970 for a grant to develop personnel programs for the three cities. This grant was awarded, and by entering into this agreement, we will receive $24,350 for this project. Mr. Lanham recommended approval. Councilman Bednarski moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Bednarski, Walmsley and Dittman Mayor Gentry Nays: None ORDINANCE NO. 1715 AN ORDINANCE OF THE CITY OCUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND THE UNITED STATES CIVIL SERVICE COMMISSION FOR A GRANT FOR TECHNICAL ASSISTANCE FOR DEVELOPMENT OF A PERSONNEL PROGRAM FOR THE CITY OF BAYTOWN AND PROVIDING FOR THE EFFECTTVE DATE HEREOF. Enter into Interlocal Agreement - Deer Park & LaMarque Proposed Ordinance No. 41126 -4 will enter Baytown into an interlocal agreement with the cities of Deer Park and LaMarque for technical assistance for development of a personnel program. This agreement will enable Baytown to disburse funds received for the personnel program to Deer Park and LaMarque. Mr. Lanham recommended approval. Councilman Bednarski moved to adopt the ordinance; Councilman Walmsley seconded the motion: Ayes: Councilmen Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None J.J_r November Z6, 1974 ORDINANCE NO. 1716 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 AN INTER -LOCAL AGREEMENT WITH THE CITIES OF DEER PARK AND LAMARQUE FOR TECHNICAL ASSISTANCE FOR DEVELOPMENT OF PERSONNEL PROGRAMS IN THE RESPECTIVE CITIES THROUGH A GRANT FROM THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Downtown Improvement Project Bids were received Friday,November 22 for the street and sidewalk portion of the downtown improvements: WARREN BROTHERS: $47,340.60 45 working days BROWN & ROOT, INC. $61,980.05 45 working days SKRLA, INC. $76,937.60 40 working days The estimate for this portion of the project was $45,600, to be paid from Revenue Sharing Funds. Mr. Lanham recommended awarding the low bid of Warren Brothers in the amount of $47,340.60. Funds are• available from Revenue Sharing to pay for the cost above "the estimate. Councilman Dittman moved to award the bid as recommended; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WARREN BROTHERS,COMPANY, GULF COMPANY, DIVISION OF ASHLAND OIL, INC., FOR THE CONSTRUCTION OF STREET WORK ON THE DOWNTOWN IMPROVEMENT PROJECT, AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY OF THE SUM OF FORTY SEVEN THOUSAND THREE HUNDRED FORTY AND 60/100 ($47,340.60) DOLLARS WITH REGARD TO SUCH AGREEMENT. Authorize Final Payment - Sanitary Sewer Contract # #7 Proposed Ordinance No. 41126 -6 will accept and authorize final payment to the contractor for Sanitary Sewer Contract No. 7. Langford Engineering has advised that the sewer extension to Baker Road, Decker Drive and the newly annexed area has been completed with the exception of a vent fan for the Lynchburg Road lift station. Delivery is expected any day. In order to be able to place this line in service, the City must go ahead and accept the work. l Upon the approval of the City Council, the City will assume operational responsibility of theproject, and allow residents to tie onto the lines. Mr. Lanham recommended final payment in the amount of S$103,106.61, less retainage of $2,000 for the fan:. Councilman Lander moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes; Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentr y Nays: -None ORDINANCE NO. 1718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING THAT THE CONSTRUCTION OF SEWERS FOR BAKER - DECKER AND SPORTS COMPLEX AREA, JOB NO. 44A, CONTRACT NO. 7, ARE SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF SUBSTANTIAL COMPLETION; AUTHORIZING PAYMENT TO WHITELAK, INC., OF THE CONTRACT AMOUNT LESS TWO THOUSAAD AND N01100 ($2,000.00) DOLLARS RETAINAGE TO INSURE PROPER INSTALLATION OF A VENT FAN FOR LYNCHBURG ROAD LIFT STATION; AUTHORIZING PAYMENT OF SAID RETAINAGE UPON CERTIFICATION BY THE ENGINEERS THAT SAID FAN HAS BEEN PROPERLY INSTALLED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. November 26, 1974 5735 Designation of Subdivision of Underground Water Reservoir -- Mr. Lanham referred to a letter and petition from Attorney General John Hill, asking each councilman to sign the petition which requests the Texas Water Rights Commission to designate and define an underground reservoir . - This is the first step toward the creation of an underground water conservation district to deal with the subsidence problem. The petition calls for the subdivision of underground water reservoir consisting of that portion of underground water reservoir underlying the Texas Gulf Coast, which is encompassed by the boundaries of Harris , Galveston, Fort Bend, Chambers, Brazoria, Liberty and Montgomery counties. The Attorney General's office has assured Mr. Lanham that this petition will have no effect on new legislation dealing with subsidence. Following discussion, Council concurred to sign the petition following the council meeting. Award Bid for Asphalt Kettle Only one bid was received for purchase of an asphalt kettle for the Street Department. R. B. Everett $4,213.23 This bid:is within budgeted funds, and Mr. Lanham recommended awarding the bid. Councilman Bednarski moved to accept the recommendation; Councilman .Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF R. B. EVERETT AND COMPANY FOR THE PURCHASE OF AN ASPHALT MAINTENANCE UNIT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND TWO HUNDRED THIRTEEN AND 23/100 ($4,213.23) DOLLARS. Award Bid - Van for Fire Department Three no -bids and one bid was received for a van for the fire department. The bid of Lumus Baytown Dodge was for the amount of $5,072.66, which is $72.66 over the estimate. Lumus, however, took exception to the penalty clause and did not include a bid bond. He cannot assure the City that the van will be delivered in the specified time period because of a shortage of parts. There is no law that requires bid bonds, and in view of receiving only one bid, Mr. Lanham recommended the bid be awarded to Lumus. The city may cancel the contract if the obligations set forth in the bid are not met. Councilman Dittman moved to accept the recommendation; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1720 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LUMUS BAYTOWN DODGE FOR THEPURHCASE OF ONE VAN TO BE UTILIZED BY THE FIRE DEPARTMENT AND AUTHORIZIGN THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND SEVENTY -TWO AND 66/100 ($5,072.66) DOLLARS. Re -Award Bid for Van for Police Department On October 24, the Council awarded, a bid to Hugh Wood Ford for purchase of a van for the police department. Since that time, Hugh Wood has informed the city that they will not ',be able to supply this van because production has been cancelled. The second low bidder was Lumus Baytown Dodge in the amount of $4,587.52. This will require an additional expenditure of $180 for a Leese Naville alternator which will be installed A •I � W with city labor. Lumus took exception to penalties in this bid also. Mr. Lanham recommended it be awarded to Lumus. Councilman Walmsley moved to award the bid as recommended; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 1683, INTRODUCED, READ AND PASSED ON OCTOBER 24, 1974, AND DECLARING SAID ORDINANCE TO HAVE NO FORCE AND EFFECT, AND ACCEPTING THE BID OF LUMUS BAYTOWN DODGE FOR THE PURCHASE OF ONE VAN TRUCK TO BE UTILIZED BY THEPOLICE DEPARTMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND FIVE HUNDRED EIGHTY -SEVEN AND 52/100 ($4,587.52) DOLLARS. Support Unified Work Program from Transportation Planning Several months ago, the council approved designation of the Houston- Galveston Area Council as the Metropolitan Planning Organization for this area. The H -GAC must prepare an annual unified work program, which will constantly update and revise the transportation planning in this area. Funds have been provided by the Federal Highway Administration to the local regional planning body to make these studies & keep the planning up to date. The H -GAC has chosen to offer some of these funds to the local units of government to allow them to employ the persons who would be responsible for gathering this data. Mr. Lanham recommended approving Resolution No. 491, authorizing the administration to pursue the funding. Councilman Dittman moved to adopt the resolution; Councilman Lander seconded themotion: Ayes: Councilmen Lander, Bednarski; Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, CONCURRING WITH THE CONCEPT OF THE UNIFIED WORK PROGRAM FOR REGIONAL TRANSPORTATION PLANNING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO 10RWARD A COPY OF SAID RESOLUTION TO THE EXECUTIVE DIRECTOR OF THE HOUSTON - GALVESTON AREA COUNCIL. Mayor Gentry recessed the meea -ng into an executive session for discussion of pending litigation, right of way matters and personnel matterr., Adjourn When the meeting reconvened in open session, Mayor Gentry -reported that no action had been taken in the executive session. Councilman Bednarski moved to adjourn; Councilman Dittman seconded the motion: Ayes: Councilmen Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: None