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1975 01 23 CC Minutes5751 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 23, 1975 The City Council of the City of Baytown met in regular session, Thursday, January 23, 1975, at 6:30 P. M., in the Council Chamber of the Baytown City Hall. The following members attended: Mayor Gentry called the meeting to order, and the invocation was offered by the Reverend Hugh Lindsey, Pastor of Wooster Baptist Church. Approve Minutes Councilman Pool moved approval of the minutes of the meeting held January 9, 1975 and ratification of the actions taken at that meeting; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None City Manager's Report Bids should be received by Harris County within the next two or three weeks for construction of the flood control ditch on North Main. Bids will be received February 4 for Post Oak assessment paving. The administration has been advised by the County Judge's office that Baytown is to receive funds for the emergency job program. The estimated amount that Baytown will receive is $81,557 for a one -year program. The funds were allocated by the federal government. The facilities constructed under Contract #3 of the Sanitary Sewer Improvements should be placed in service on Monday, Jandary 27. The West Baytown Plant will then be closed down and dismantled as the land is being leased from Exxon. At one of the meetings in December, council took action to discontinue the Transportation for the Elderly program due to the high cost in relation to use of the service. At that meeting, council requested other possibilities be pursued. A proposal has been received from the Bayshore Community Developement Corporation to provide this service. They have computed their proposal, or the rates they would charge, on the basis of $1.50 per trip, plus installation and maintenance of one phone line, and administrative services of the agency. However, they do want to have a guaranteed amount, which is 40% of those eligible for the program. This would be approximately 60 persons - one trip per week. The estimated cost to the city on this basis would be about $4200 for a twelve -month period. The administration willpuruse this with Bayshore and present council with a proposed agreement at a future meeting. Mr. Fletcher Hickerson has joined the City on a part -time basis both as a Civil Defense Director and Safety Director. He is in the process of developing a safety program, in terms of reporting and preparing training programs. Jody Lander Councilman Fred Bednarski, Jr. Councilman Charles Pool Councilman Henry Dittman Councilman Mary E. Wilbanks Councilwoman Tom Walmsley Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Howard Northcutt Assistant City Manager Mayor Gentry called the meeting to order, and the invocation was offered by the Reverend Hugh Lindsey, Pastor of Wooster Baptist Church. Approve Minutes Councilman Pool moved approval of the minutes of the meeting held January 9, 1975 and ratification of the actions taken at that meeting; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None City Manager's Report Bids should be received by Harris County within the next two or three weeks for construction of the flood control ditch on North Main. Bids will be received February 4 for Post Oak assessment paving. The administration has been advised by the County Judge's office that Baytown is to receive funds for the emergency job program. The estimated amount that Baytown will receive is $81,557 for a one -year program. The funds were allocated by the federal government. The facilities constructed under Contract #3 of the Sanitary Sewer Improvements should be placed in service on Monday, Jandary 27. The West Baytown Plant will then be closed down and dismantled as the land is being leased from Exxon. At one of the meetings in December, council took action to discontinue the Transportation for the Elderly program due to the high cost in relation to use of the service. At that meeting, council requested other possibilities be pursued. A proposal has been received from the Bayshore Community Developement Corporation to provide this service. They have computed their proposal, or the rates they would charge, on the basis of $1.50 per trip, plus installation and maintenance of one phone line, and administrative services of the agency. However, they do want to have a guaranteed amount, which is 40% of those eligible for the program. This would be approximately 60 persons - one trip per week. The estimated cost to the city on this basis would be about $4200 for a twelve -month period. The administration willpuruse this with Bayshore and present council with a proposed agreement at a future meeting. Mr. Fletcher Hickerson has joined the City on a part -time basis both as a Civil Defense Director and Safety Director. He is in the process of developing a safety program, in terms of reporting and preparing training programs. 5752 January 23, 1975 The sidewalks have been poured on Texas Avenue and the curb & gutter repairs will be completed next week. Within a few days, the street will be ready for surfacing. All streets in the 1974 Street Improvment Program have been completed, with exception of cleanup. Garth Road - The west side of the bridge extension has been poured, including the sidewalk, and should be ready for traffic next week. This will complete one -third of the width of the proposed road, from the bridge to Baker Road. The excavation and subgrade liming has been done for the east two - thirds width of the i roadway from the bridge to Rollingbrook Drive. Weather permitting, the contractor 1 should be able to pour this section within the next two weeks. Mr. Lanham has received a copy of a Bill introduced in theSenate by Senator Bentsen, and it appears to be the same Bill introduced in the House by Congressman Eckhardt. The Bill is to authorize a project for flood protection in, and in the vicinity, of Baytown, Texas. This authorization is one of two steps that must be taken by Congress. The second step is to appropriate funds. All this is based on the assumption that the Corps of Engineers' study is approved by the appropriate committees in the Congress. Mr. Ralph Bond - Glen Arbor Water Line Installation Mr. Ralph Bond appeared regarding his driveway at 304 Kelly Lane. When the water lines were installed in Glen Arbor, the first and second joints in his driveway were cracked. The consulting engineer was contacted and the first joint was subsequently replaced. Mr. Bond presented a signed statement from his neighbor that his driveway had no cracks before the construction began, and snapshots of his drive before and after construction. Mr. Bond requested that the second joint be replaced also. Mr. Jim Hutchison, consulting engineer, explained that prior to construction, pictures were taken of all the driveways in this subdivision, and notes were made as to the condition of each driveway. Some of the pictures were lost while being developed, however, the notes indicate that Mr. Bond's driveway was in good condition. The contractor that installed the water lines, G. G. Ross, made every effort to inconvenience the residents as little as possible, even to the extent of using a boring procedure so that shrubs and plants on the city's right of way would not have to be removed. At present, about twenty driveways have been repaired. In the process of tearing out section s of the drieveways , it was discovered that most of them have no steel reinforcements, and many are only three to four inches thick. The driveways in this area we susceptible to cracking with very little pressure under any circumstance. Mr. Bond's driveway is cracked; however, the crack is only visible and has caused no shifting of the concrete. Mr. Hutchison stated that Mr. Bond's driveway is in goodcondition. Council discussed whether or not any damage to these driveways, no matter how minor, resulting from the installation of water lines should be repaired. There are two other homeowners in this area who are not satisfied with the repairs to their driveways. Following discussion, Mayor Gentry instructed the administration to gather as much information as possibile regarding these problems, and to have this subdivision inspected to determine if there are similar situations where the owners feel more repairs should be made. Mr. B. R. Goodner - Utility Rates Mr. B. R. Goodner appeared regarding the present system of basing the sewer charges on the amount of water used. Mr. Goodner asked council to consider a summer sewer rate, because many citizens water their lawns during the summer months, and as a result are paying a charge for sewer service that is not used. Mr. Lanham explained that the sewer charge had to be increased because in order to receive federal grants, the sewer system has to be supported by its own revenue. Following discussion, Mayor Gentry suggested that should the city's experience show sufficient funds are being derived from the increased sewer charge, that council could consider a summer sewer rate. 5753 January 23, 1975 Industrial District Resolution - Consider Amending Resolution No. 460, adopted January 10, 1974, established Baytown 's Industrial District Policy. New industry is given a five -year tax exemption when locating in the Baytown area. The Industrial Committee of the Baytown Chamber of Commerce has recommended council consider amending this resolution to provide the same tax incentive for expansion of existing facilities. In discussing the request, it was pointed out that when the new industrial resolution was considered last year, council took into account the growth and expansion that would be made in the Baytown area. A break was given to industry on their expansions by the percentage that is annexed into the city. This was lowered to 20 %, from 24 %. Councilman Dittman moved to give immediate, further consideration to the request to amend the policy. Mayor Gentry declared the motion dead for lack of a second. Order Municipal Election - April 1, 1975 Proposed Ordinance No. 40123 -1 will order a municipal election to be held April 1, 1975, for the pirpose of electing council representatives of Districts 2, 3, & 6, and a mayor from the city at large. CouncilmanBednarski moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nyas: None ORDINANCE NO. 1737 AN ORDINANCE DECLARING THE MUNICIPAL ELECTION TO BE HELD ON THE 1ST DAY OF APRIL, 1975, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2), THREE (3), AND SIX (6); AND THE ELECTION OF A MAYOR FROM THECITY AT LARGE; PROVIDING FOR ELECTION OFFICIALS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; PROVIDING FOR A CANVASSING BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. West Main Sanitary Trunk Sewer About one year ago, a grant was received from the EPA for two projects: (1) rehabilitation of the West Main Street Trunk Sewers, and (2) enlargement of the East District Sewage Treatment Plant. The city now has been authorized to proceed with these projects. Mr. Ivan Langford presented plans & specifications for the West Main Street project, which will be located from Barrymore Street to Lee Drive. The City's records indicated only one existing ten -inch sewer on West Main, so the original plans were to construct a new sewer. However, field surveys have revealed that there are three existing sewers on West Main. In lieu of constructing the new sewer, adequate capacity for this service area can be achieved by lining the sewers with polyethylene pipe. This procedure will relieve the infiltration /inflow when it rains, and traffic on this thoroughfare will not be totally disrupted during construction. The estimated cost of this project is $177,021.10. Councilman Dittman moved to approve the plans and specifications, and authorize advertising for bids; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittmaiand Walmsley Mayor Gentry qmdwk Nays: None 5754 January 23, 1975 Award Bid - Phase I of 1975 Street Improvement Program Bids were received January 20 for the construction of Phase I of the 1975 Street Improvement Program. SKRLA, INC: $158,679.25 60 working days BROWN & ROOT: $187,979.50 90 working days WARREN BROTHERS: $214,100.00 120 working days I The estimate for this project was $183,000. Mr. Lanham recommended awarding the low bid of Skrla, Inc. This project will be financed with Revenue Sharing Funds. Councilman Bednarski moved to award the bid as recommended; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SKRLA, INC., FOR THE CONSTRUCTION OF PHASE I, 1975 STREET IMPROVEMENT PROGRAM, AND AUTHOR IZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF ONE HUNDRED FIFTY -EIGHT THOUSAND SEVEN HUNDRED SIXTY -NINE AND 25/100 ($158,679.25) DOLLARS WITH REGARD TO SUCH AGREEMENT. Appointments - Library Board Members of the Library Advisory Board are appointed by the City Manager with approval of the City Council. Mr. Lanham recommended that the members whose terms expire March 1, be reappointed. Those members are Messrs. Paul J. Edwards, James W. Girardau, E. C. Woods, and Mrs. Jean Rosenbaum. Couniclman Dittman moved to confirm the appointments; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks,Dittman & Walmsley Mayor Gentry Nays: None Ratify Appointments to the Firemen's and Policemen's Civil Service Commission Members of the Firemen's and Policemen's Civil Service Commission are appointed By the City Manager with approval of the City Council. Proposed Resolution No. 497 will reappoint Mr. Wallace Heanor for another three -year term, and will clarify the terms of the other two members of the board which are (1) Mr. G.A. Laughlin, whose term will expire January 1976 and (2) Mr. Sam Alford, whose term will expire January 1977. CouncilmaZBednarski moved to adopt the resolution; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None RESOLUTION NO. 497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONFIRMING THE CITY MANAGER'S APPOINTMENT TO THE CIVIL SERVICE COMMISSION. January 23, 1975 5755 Consider Recommendation of the Insurance Advisory Committee Several weeks ago, some members of the Insurance Advisory Committee, with the help of Hartford Steam Boiler Inspecting and Insurance Company, made a survey of some of the City's needs for boiler and machinery insurance. This study included not only the boilers in City buildings, but also air conditioning, pumps and motors of the various wells and lift stations throughout the city. If the city chose to purchase theinsurance on all of these items, the cost would be about $10,000 annually. The administration has met with the representatives of the insurance committee. They have recommended, and the administration concurs, that boiler insurance not be purchased on such things as water well pumps and motors and sewer plant motors. However, the city hall, community building, and police building should be covered with boiler machinery insurance. In addition to providing insurance coverage, an inspection service will be provided. This coverage also includes the air conditioning units and liability coverage. The cost for this type of coverage, annually, is $3,032, and Mr. Lanham recommended that it be purchased. A lengthy discussion followed between council and the members of the committee. The administration was requested to provide data showing the city's experience with air conditioning repairs before taking action to purchase the insurance. Councilman Pool moved to table action pending receipt of additional information from the administration; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbank,s Dittman and Walmsley Mayor Gentry Nays: None The Insurance Committee also considered the need for flood insurance for city buildings, taking into account the fact that with some future capital improvement projects funded by the EPA, flood insurance may be required. The cost of flood insurance outside the mapped areas of Baytown is very high. The Corps of Engineers has indicated that the new maps and additional flooding information may be available in July of this year. For these reasons, Mr. Lanham recommended that flood insurance not be purchased at this time. Councilman Dittman moved to accept the administration's recommendation; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Several year ago, the City Council made the decision that items and buildings with a value of $5,000 or less would not be included in fire insurance coverage. The committee has suggested that this minimum be increased to $10,000. The estimated savings to the City per year is $386.00. Mr. Lanham recommended approval. There are eight buildings that would subsequently be without fire insurance coverage. Councilman Bednarski moved to accept the recommendation; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman Mayor Gentry Nays: Councilman Walmsley Proposed Ordinance No. 50123 -3, Approve Assignment of Upper Goose Creek Sanitary Sewer Contract by Travelers Insurance Company This item was not ready for presentation. Land Subsidence Subsidence Legislation Proposed Resolution No. 498 will express Council's support of a Bill to be introduced in the 64th Legislature of the State of Texas, extablishing an underground water authority for Harris and Galveston Counties. This legislation would provide that the authority regulate withdrawal of underground water that contributes to "coastal subsidence" in the Harris and Galveston County region. The authority would be empowered to: (1) Determine the boundaries of underground water resources as they relate to critical subsidence areas; (2) Issue well permits and charge permit fees; (3) Require routine reporting of underground water production to the authority; (4) Evaluate the effects conversion from ground water to surface water would have on restoring water levels and halting subsidence; (5) Establish an area -wide long-range plan of water management in cooperation with existing area water agencies. 7/30 January 23, 1975 This authority is necessary because subsidence is caused by withdrawal of subsurface water at rates that exceed the natural rate of recharge. Restoration of subsurface water levels to the point of halting subsidence may be achieved by partially reducing existing ground water extraction rates. The proposed resolution also states thtat it would be in the best interest of the people of this area if the authority's governing body is appointed by the local governments within this area. following discussion, Councilman Bednarski seconded Ayes: Council members Walmsley Mayor Gentry Nays: None Councilman Lander moved to adopt the resolution; the motion: Lander, Bednarski, Pool, Wilbanks, Dittman and RESOLUTION NO. 498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE INTRODUCTION OF A BILL IN THE 64THE LEGISLATURE OF THE STATE OF TEXAS, CREATING AND ESTABLISHING AN UNDERGROUND WATER AUTHORITY FOR THE HARRIS - GALVESTON COUNTY AREA AND URGING THE PASSAGE THEREOF. Enlarge East District Sewage Treatment Plant Mr. Ivan Langford presented the plans and specifications for enlarging the East District Sewage Plant. When the 1970 bond program was developed and funds voted, a portion of those funds were earmarked to enlarge this plant to a capacity of three million gallons per day. About two years ago, an application was submitted for federal funding to pay 75% of the cost of this project. Although the grant was approved one year ago, the city had to comply with an EPA requirement to reduce the infiltration before proceeding with the project. The existing facilities will be modified, but none will be taken out of service. Additional trunk lines will be added to the lift stations. The estimate for this project is estimated to be $1,891,399, which includes a 5% contingency. These plans do not include facilities for handling sludge. A separate set of plans will be submitted at a later date because work is being done to further the new process for disposing of sludge that was developed by Mr. Floyd Adcox. All of the bonds voted in 1970 have been sold with the exception of $1,250,000 of revenue bonds. Before a contract is actually signed on this project, the city will have to sell additional bonds. Documents will probably be presented at the next council meeting to begin the process for selling bonds. Councilman Lander moved to approve the plans and specifications as presented and authorize bids to be received; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Houston Galveston Area Council - Appoint Members At the last council meeting, Council adopted a resolution appointing representatives to the Houston Galveston Area Council: (1) Henry Dittman member of the Executive Committee, (2) Mary Wilbanks members of the General Membership Body and (3) Jody Lander as Alternate. Since the last meeting, however,-the Administration has learned that the bylaws have been changed, requiring that the representative to the Executive Committee also be the representative to the General Membership Body. Because Councilman Dittman has indicated he will not be seeking another term on the City Council, Councilman Pool moved to appoint Councilwoman Wilbanks as representative to the Executive Committee and General Membership, and Councilman Lander as Alternate; Councilman Dittman seconded the motion: Councilman Lander moved to amend the motion to allow Mr. Dittman to attend the HGAC's annual meeting in Galveston on January 31 because he has already made reservations; Councilman Walmsley seconded the motion: The vote on the amendment follows: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None January 23, 1975 5757 The vote on the motion as amended follows: Ayes: Council manbers Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 499 A RESOLUTION OF THE QTY CaZXM, OF THE CITY OF BAYTUgN, TEXAS, AMEDIDING IMSCLUEICN ND. 496 BY APPOINTING MARY ELIZABETH WILBANES AS REPI2FSQITATIVE TO THE CriY OF BAYTOM TO THE EXBCUi'IVE C]M ITIEE AND THE GENERAL MEMBERSHIP BODY OF THE HOUSTON- GALVESTCN AREA COUNCIL FOR THE YEAR OF 1975 AND JODY LANDER AS VOTING DELEGATE SHOULD MARY ELIZABETH WIISANKS BECOME BU=GIBLE OR RESIGN. Taxes Municipal. League - Utility Advisory Service The Texas Municipal League has notified member cities that it is planning to hire a permanent utility expert and a small staff, however, has decided to take a straw vote of the cities first. The expert would provide general advice and assistance free of charge. Specific advice with regard to a rate hearing would cost additional money from the various cities. There is the possibility that the present Legislature will adopt sane legislation creating a .state utility camuission, but that in all probability, this will still call for sane study by the cities in making a determination as to whether or not it will contest new rate requests asked of the commission. One possibility is that if a state utility oamnission were created, it would make an analysis itself from the beginning, therefore, technical assistance might not be necessary. Mr. Richardson recomended council indicate its approval of an in -house utility advisory service. rFollowing discussion, Council concurred that Mr. Ianhmn should make what - 1f ever caments he deems appropriate regarding the hiring of a utility staff, and that these camients will be submitted to council for approval before they are sent to the TML office. Councilman Dittman then moved to vote "for" the establishment of a utility advisory service as an on -going staff function of the Texas Municipal League; Councilman Lander seconded the motion: Ayes: Council manbers Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Recess Mayor Gentry recessed the meeting into an Executive Session for discussion of personnel matters and possible purchase of right of way. When the meeting reconvened, the following action was taken: Councilman Dittman moved that City Judge Steve Hebert be reappointed; Council- man Sander seconded the motion. Ayes: Council numbers Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Adjourn Upon the motion duly made and seconded, council voted unanimously to adjourn. I ' APPROVED: /s/ Tam Gentry Tam Gentry, Mayor ATTEST: Edna Oliver, City Clerk