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1975 01 09 CC Minutes5747 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 9, 1975 The City Council of the City of Baytown met in regular session, Thursday, January 9, 1975, at 6:30 P.M. in the Council Chamber of the Baytown City Hall. The following members attended: Jody Lander Fred Bednarski, Jr Charles Pool Mary E. Wilbanks Henry Dittman Tom Walmsley Tom Gentry Fritz Lanham Neel Richardson Edna Oliver Absent: Howard Northcutt Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order; the invocation was offered by Councilmam Walmsley. Approve Minutes Councilman Pool moved to approve the minutes of the meeting held December 19, 1974, and to rafity the actions taken at that meeting; Councilman Bednarski seconded the motion: e f Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None City Manager's Report As instructed at the last council meeting, the Administration is attempting to find another method to provide transportation for the elderly. A proposal has been received from Mr. Small of the Bayshore Community Development Corporation.. A report will be made to council as soon as the proposal has been reviewed. Mr. Lanham presented a list of accomplishments of the various departments of the City of Baytown during 1974. Several major achievements were: (1) the opening of the East -West Thoroughfare (2) Drainage improvements (3) A new system of sludge disposal developed by Mr. Floyd Adcox, a city employee (4)Infiltration abatement - 6.06 million gallons of infiltration has been stopped, and the source of another 2.1 million gallons located (5) Sanitary Sewer Improvement contracts - West Main Plant, Lift Station, Baker Road, Decker Drive and Sports Complex area Middle Goose Creek Interceptor, Upper and Lower Goose Creek Interceptors are still under construction (6) Land was purchased for future library expansion (7) Construction of Fire Station No. 6 (8) Computer equipment installed in Finance Department (9) Baytown Sports Complex, N.C. Foote Park swimming pool & Roseland Park bulkhead a0) New radio system for police department, continuation of team police project 0.1) Demolition of twelve houses and condemnation proceedings against three (J.2) 1974 Street Improvement Program is virtually complete, and the bids were let for the Downtown Improvement Project Proposed Ordinance No. 40109 -1, Accept and Authorize Final Payment - Municipal Service This item was not ready for presentation. 5748 January 9, 1975 Award Bid - Precast Planter Boxes, Downtown Improvement Bids were received December 18 for the purchase of thirty -two precase planter boxes for the downtowm improvement project: A. Planters Style X30D (7) B. Planters Style X30 (11) C. Planters Style X48 (14) DECORATIVE CONCEPTS $ 750.61 1,716.22 2,666.16 VAUGHAN & ASSOC. $ 987.00 2,381.50 3,587.50 Because the bids exceed the funds available, Mr. Lanham recommended Item B be deleted from the bids, and that Itsms A and C be awarded to Decorative Concepts in the amount of $3,416.77. Some minor re- designing will be required. Councilman Bednarski moved to accept the recommendation; Councilman�TAnder seconded themotion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1733 7__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DECORATIVE CONCEPTS FOR THE PURCHASE OF ESTIMATED QUANTITIES OF PRECAST PLANTER BOXES -TEXAS AVENUE DOWNTOWN IMPROVEMENT ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THEEFFECTIVE DATE HEREOF. Approve Plans and Specifications - Post Oak Drive - Assessment Paving Project Proposed Ordinance No. 40109 -3 will ratify and approve action taken by Council in adopting Ordinance No. 1704 and will adopt and approve plans and specifications for the improvement of a portion of Post Oak Drive on an assessment basis. Mr. Jim Hutchison presented the plans for improving Post Oak to a 29 -foot residential concrete street, from the existing concrete pavement to Bayway Drive. Councilman Dittman moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1734 AN ORDINANCE RATIFYING AND APPROVING ORDINANCE NO. 1704, DETERMINING THE NECESSITY FOR AND ORDERING THAT POST OAK DRIVE FROM THE WEST RIGHT OF WAY LINE OF BAYWAY DRIVE TO THE EAST PROPERTY LINE OF LAKEWOOD SUBDIVISION, SECTION P, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; DIRECTING THE CONSULTING ENGINEERS TO PREPARE AN ESTIMATED OF THE COSTS OF SUCH IMPROVEMENT AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF INTEREST IN PROPERTY ABUTTING ON SAID STREET; PROVIDING THAT A PART OF THE COSTS THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVE- MENTS ARE BY VIRTUE OF ARTICLE 1105b, V,A.T.S., DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. January 9, 1975 Firefighters Request for Back Pay 5749 At the last council meeting, a request for back pay for eleven firefighters was presented. For the past five years, they have been paid less than a patrolman in the police department because the firefighters received their second pay increase after one year of service. This could have resulted from a clerical error, or a misinterpretation of the pay scale. The figures presented at the last meeting concerning the amount of back pay due each firefighter have been verified by the administration. Although there has been nothing found to clearly state the intent of previous councils, the pay scale that was adopted in 1969 shows the steps to be identical. Beginning with the current budget year, the six- months difference in implementation of the pay steps was eliminated. There is every indication that it was the intent of earlier councils that fire and police personnel be paid according to the same pay scale, and it is the intention of the current council that the steps be the same. For these reasons, Mr. Lanham recommended that the request for back wages be approved and that council make the determination that it was the intent of previous councils that the pay scales be identical, and that the firefighters are entitled to the back pay. Councilman Dittman moved to deny the request, stating it would be impossible to detem,ine the intent of council several years ago. Mayor Gentry declared the motion dead for lack of a second. Following discussion, Councilman Pool moved that council determine that (1) it was the intent of previous councils that salaries of firefighters and patrolmen be identical, (2) that the previous councils, in approving pay scales for firefighters and patrolmen intended the raises to begin after twelve months of employment, and (3) that the firefighters who did not receive this twelve -month increase are entitled to the difference, and that the Administration be authorized to pay the back wages to those firefighters. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Walmsley Mayor Gentry Nays: Councilman Dittman Amend Code of Ordinances - Insurance Advisory Committee Proposed Ordinance No. 50109 -4 will amend the Code of Ordinances, Insurance Advisory Commission by giving the commission more flexibility in writing the fire insurance policy for the City. Presently, the code state; that the policy shall be written for a three -year period subjet to specifications determined by the council or designated officers. The proposed ordinance will amend this section, deleting the three -year provision, and stating that the fire insurance policy shall be written for a period deemed by the executive committee to be the most advantageous to the city' with regard to the insurance market at the time the policy is written. The proposed ordinance will allow theexecutive committee to determine the rate of commission the writing agent should recieve, up to thirty -five percent. In the present ordinance, casualty coverageis referred to as "fleet coverage." The proposed ordinance will refer to casualty coverage. Also, Section 2 -110 (3) will be deleted. Councilman Dittman moved to adopt the ordinance; Councilman Bednarski seconded themotion: Ayes: Councilmembers Lander, Bednarski,Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1735 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS BY THE AMENDMENT OF CHAPTER 1, "ADMINISTRATION," BY AMENDING ARTICLE V, "INSURANCE ADVISORY COMMITTEE," SUBSECTIONS 2- 110(a) AND 2 -111 THERREOF, SO AS TO REPEAL THE PROVISIONS OF SUCH SUBSECTIONS AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN THEIR PLACE NEW PROVISIONS, AND BY DELETING SUBSECTION 2 -110 (e) SO AS TO REPEAL THE PROVISIONS OF SUCH SUBSECTION AND THE SAME SHALL CEASE TO HAVE FORCE AND EFFECT; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 50109 -5, Final Payment for Water Mains in Glen Arbor and Creekwood Subdivision. This item will be considered at a future meeting. 5 750 January 9, 1975 Initiation Ordinance - Spur 330 Proposed Ordhance No. 50109 -6 is the initiation ordinance for the construction of the City's portion of Spur 330 on an assessment basis. This is the first step in the process for curb and gutter that will be constructed by the State in connection with the Spur 330 project. The City's share of the entire project is $95,134. Councilman Dittman moved to adopt the ordinance; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley _ Mayor Gentry Nays: None ORDINANCE NO. 1736 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT CURBS, GUTTERS, AND OTHER APPURTENANCES ON PORTIONS OF SPUR 330 FROM LOOP 201 TO GARTHROAD, A DISTANCE OF APPROXIMATELY .8 MILES IN THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, BE CONSTRUCTED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COSTS OF SUCH IMPROVEMENT AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF INTEREST IN PROPERTY ABUTTING ON SAID SPUR; PROVIDING THAT A PART OF THE COSTS THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COSTS THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND All FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENT ARE BY VIRTUE OF ARTICLE 1105b, V.A.T.S., DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Appointments - Houston Galveston Area Council - 1975 Proposed Resolution No. 496 will appoint Baytown's representatives to the 07, Houston - Galveston Area Council for 1975. Councilman Pool moved that the current representatives continue to serve- Councilman Dittman to the Executive Committee, Councilwoman Wilbanks as representative to the General Membership Body, and Councilman Lander as official Alternate. Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbank$, Dittman & Walmsley Mayor Gentry Nays: None RESOLUTION NO. 496 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS, APPOINTING HENRY DITTMAN AS THE REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE EXECUTIVE COMMITTEE ON THE HOUSTON- GALVESTON AREA COUNCIL AND APPOINTING MARY E. WILBANKS AS THE REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE GENERAL MEMBERSHIP BODY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 1975 AND JODY LANDER AS THE OFFICIAL ALTERNATE TO SERVE AS THE VOTING DELEGATE SHOULD EITHER HENRY DITTMAN OR MARY E. WILBANKS BECOME INELIGIBLE OR RESIGN. Unfinished Business Councilman Walmsley called attention to the fact that there has been no progress in completing the new homes on Meadowick Drive other than bricking the exteriors and pouring the drives. The administration was instructed to correspond with the builder of these homes, Mr. C. J. Bailey, regarding their completion. Adj ourn With no futher business to transact, Councilman Bednarski moved to adjourn; Councilman Walmsley seconded the motion. The motion passed unanimously. z3o��2a EDNA OLIVER, City Clerk APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor