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