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1975 04 09 CC Minutes5796 THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 9, 1975 The City Council of the City of Baytown met in regular session, Wednesday, April 9, 1975, at 6:30 P. M. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Charles Pool Fred Bednarski, Mary E. Wilbanks Henry Dittman Tom Walmsley Tom Gentry Fritz Lanham Edna Oliver Neel Richardson Howard Northcutt Councilman Councilman Jr. Councilman Councilwoman Councilman Councilman Mayor City Manager City Clerk City Attorney Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by Reverend John L. Harrison, Pastor of First Church of the Nazarene. Approve Minutes Councilman Dittman moved approval of the minutes of the meeting held March 27, 1975, and ratification of the actions taken. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None Presentation Councilman Pool moved to express appreciation, on behalf of theCouncil as well as the City of Baytown, to Mrs. Wanda Orton who has served very diligently in presenting the news of city government matters in the Baytown Sun in a fair and impartial manner; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None potitinna Mayor Gentry then presented a plaque to Mrs. Orton that read: "To Mrs. Wanda Orton in appreciation for her outstanding reporting on the Baytown City Government - Baytown City Council - April 1975." There were no petitions presented to council. City Manager's Report Mr. Lanham has been advised by the State Highway Department that the Bayway Drive project has been approved to the extent that the environmental impact statement has be approved; and Mr. Allen Ranft, resident engineer of the highway department in this area, has been directed to prepare plans and specifications, and to be prepared to let a contract on the project before July of 1976. Federal and state funds will be used to assist Baytown with this construction, and we have obligated a portion of the 1970 street bond funds for a share of that cost. 5797 April 9, 1975 City Manager's Report, continued The area director of theDepartment of Housing and Urban Development has advised the administration that there will be no community development discretionary block grants for cities in our category for the first year. This was a program in which funds would be provided to cities to assist in housing, streets, and drainage in certain areas of the city. Baytown had submitted a pre - application, which was presented to council by Mr. Bill Cornelius at the meeting on February 13, 1975. Efforts are underway to urge Congress to appropriate more funds for cities in our category. It appears that many more counties in the SMSA have qualified as Urban Counties than was anticipated, and as a result, all SMSA balances are being set aside for these Urban Counties. The Housing and Community Development Act of 1974 provided that the Urban County applicants in the SMSA would be funded before the discretionary applicants in the SMSA. The question was raised at the last council meeting concerning jail facilites in the new county building in Baytown. Mr. Lanham has been advised that there will not be jail facilities for county prisoners in this new building; however, there will be three "holding" cells for prisoners waiting to see a judge. It appears that the county will continue using our facilities. At the last council meeting, Mr. Lanham was asked to develop an estimate for providing a paved parking area at the Roseland Park boat ramps. About fifty spaces could be provided along the bulkhead. With stabilized base and one & one -half inch hot mix surfacing, the cost would be about $30,000. This parking area has been improved considerably, however, to provide adequate parking, as well as improved ingress and egress. Following a brief discussion, Councilman Pool suggested the request for a paved parking area be considered during the next budget sessions. Council offered no objection. The Capital Improvements Committee met last night and they are ready to present their recommendations to the Council for a bond election. Council concurred to meet on Tuesday, April 22 at 5:30 P. M. to consider the committee's report. This date may be changed if it is not convenient for the committee. A Bill has been introduced into the Legislature - House Bill No. 1463 - which has caused concern among city officials statewide. This Bill would establish mandatory county -wide appraisal districts for advalorem tax purposes. It would provide that county assessors appraise all property within the county, and the commissioners court would serve as a board of equalization. The City of Pasadean has passed a resolution opposing the Bill, and other cities have asked that the Bill be amended to make this optional. Some counties have good, efficient county tax offices, and other do not; the Bill could be advantageous to smaller cities. Following discussion, Councilman Lander moved to instruct Mr. Lanham to write a letter expressing the Baytown City Council's position of desiring a clause in this Bill to make it optional for cities. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski,Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Mayor Gentry suggested Mr. Lanham also express the Council's position on this Bill to our local representative, Mr. Joe Allen, who is co- sponsor of the Bill. Regarding Garth Road, the contractor has poured up to the hospital emergency entrance on the west side, and forms have been set from that point to the Exxon station. With regard to Contract No. 5, Sanitary Sewer Improvements, the contractor that has been employed by Travelers' Indemnity, the surety for this contract, has begun moving in equipment on the job site. Work will begin Monday with two crews. The contractor, Gulf Western, should have this contract completed in sixty to ninety days S /98 Am, 9, 1975 At the last council meeting, Mr. Lanham was requested to determine if an increase in their homestead exemption to $7500 for senior citizens would have any effect on their taxes because the tax rate is based on 50% of the evaluation. The amount currently withheld from the budget is $4 Million. It can only be assumed this amount would almost double if the exemption is increased; there is no way of knowing how many more citizens have reached the age of 65 and would qualify for this exemption. Councilman Dittman moved to increase the tax exemption to $7500 for senior citizens, over 65 years of age, to be effective at the beginning of the next budget year, October 1, 1975. Councilman Walmsley seconded the motion. Discussion followed as to whether or not this is an appropriate time to obligate next year's budget, since budget hearings have not begun, and the city is only 6h months into the current budget. Councilwoman Wilbanks moved to table this matter; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarskt, Pool, Wilbanks Mayor Gentry Nays: Councilmen Dittman and Walmsley Mr. Lanham was asked to look into the mobile home ordinance to determine if a conflict exists with regard to the definition of annual parking permit. Post Oak Drive Assessment Paving Project Although the Hearing on Benefits was scheduled for this meeting, a discrepancy has been discovered in the description of the property. A new initiation ordinance will have to be prepared for council's approval. The entire project will be delayed about six weeks. Canvass Election and Declare Results Mayor Gentry directed the canvassing to begin of the April 1 General Municipal Election. This election was for council representatives of districts 2, 3, and 6, and mayor from the city at]arge. The canvass proved all tabulations to be in order: FOR MAYOR: Tom Gentry FOR COUNCIL REP. DISTRICT 412 Eileen Caffey Henry Dittman Emmett Hutto FOR COUNCIL REP. DISTRICT 413 Jody Lander Jerry Stafford FOR COUNCIL REP. DISTRICT 416 Mary E. Wilbanks Charles Gates 2,494 votes 630 votes 1,260 votes 1,224 votes 2,009 votes 968 votes 1,968 votes 1,088 votes 0 Councilman Pool moved to adopt Resolution No. 507, declaring the results of the election to be final; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsle,-. Mayor Gentry + Nays: None RESOLUTION NO. 507 A RESOUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN 71E CITY OF BAYTOWN ON THE 1ST DAY OF APRIL, 1975, FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE AND THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2), THREE (3), AND SIX(6) TO SERVE REGULAR TWO YEAR TERMS; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. April 9, 1975 Oath of Office 5799 Municipal Court Judge Steven Hebert administered the Oath of Office to Mayor Tom Gentry, Councilman Jody Lander - representative district #3, and Councilwoman Mary Wilbanks - representative district #6. Set Date for Run -Off Election Proposed Ordinance No. 50409 -1 will designate April 22 as the date for the run -off election for council representative of district #2. Councilman Pool moved to adopt the ordinance; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1780 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON THE 22ND DAY OF APRIL, 1975, FOR THE PURPOSE OF ELECTING A COUNCILMAN FROM DISTRICT NO. TWO (2); PROVIDING FOR ELECTION OFFICERS; 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. Hear Citizens Regarding Trash Collection Mr. Verlon Jones appeared to call council's attention to a provision in the trash ordinance that he felt was not justified. Mr. Jones has begun a lawn service in Baytown, but is requred to take all the clippings to the dump himself and in addition is charged $2 each time he enters the landfill. Mr. Jones was of the opinion that the citizens of Baytown pay for a trash pickup, and that it should not matter who mows a particular lawn. Mayor Gentry raised the question of the difference in hiring a neighborhood boy to mow a lawn and employing a lawn service, and suggested the administration look into the ordinance. Annual Audit - Fiscal Year 1973 -74 Mr. Ed Hullum, of Gerace & Hullum, appeared to discuss and answer any questions concerning the annual audit that was distributed to council at the last meeting. Mr. Hullum stated that the city is in good shape with regard to inflation - increased revenues and in creased expenditures. The fiscal year 1973 -74 was ended with a surplus in the General Fund of $220,000,and in the Water & Sewer Fund of $151,000. Although this is a surplus from an accounting standpoint, council did appropriate a portion of these funds into the current budget. Award Bid - Materials for Water Line Construction Bids were received March 31 for materials to be used in casing a water line across the Loop 201 right of way at Dorris Street: Description E. Texas Serv. Corp. Norvell- Wilder Utility Supply Co. Item #1- 12" bare steel pipe No Bid $4,695.32 $4,800.00 Item #4 - tayping sleeves $832.45 $1,114.93 $ 642.00 Item #5 - tapping valve $558.60 $ 900.20 $ 520.00 There is presently a six -inch cast iron water line across the Loop, and the State Highway Department has requested the line be placed in casing. It will be more economical, however, to lay a new A.C. line, in casing, parallel to the existing line; when construction is complete, the old line will be killed. 5800 April 9, 1975 Mr. Lanham recommended the low bids be awarded, as follows: Item I to Norvell- Wilder in the amount of $4,695.32 Item IV and V to Utility Supply in the amount of $1,162.00. Proposed Orddnance No. 50409 -3 will award the bid as recommended; this will be paid with 1970 water bond funds. Councilman Lander moved to accept the recommendation; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1781 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF NORVELL WILDER SUPPLY COMPANY AND UTILITY SUPPLY COMPANY FOR THE PURCHASE OF MATERIALS FOR WATER LINE CONSTRUCTION AND AUTHORIZING THE PAYMENT BY THE CITY FOR THE SUM OF FOUR THOUSAND SIX HUNDRED NINETY -FIVE AND 32/100 ($4,695.32) DOLLARS AND ONE THOUSAND ONE HUNDRED SIXTY -TWO AND N01100 ($1,162.00) DOLLARS RESPECTIVELY. Appropriate Revenue Sharing Funds and Award Bid for Power Rescue Tool Proposed Ordinance No. 50409 -4 will appropriate Revenue Sharing Funds for the punccase of a power rescue tool. The amount to be appropriated is $4,977.00, and this amount is available because of underrunds on some projects and accumulation of interest. Bids were received for the rescue tool on March 31. IMSCO: $5,509.65 FIRE FOX CORP: $4,976.75 Mr. Lanham recommended council adopt proposed Ordinance No. 50409 -4, appropriating the funds, and proposed Ordinance No. 50409 -5, awarding the bid to Fire Fox Corporation. . Councilman Lander moved to adopt proposed Ordinance No. 50409 -4, appropriating the Revenue Sharing Funds; Councilman Bednarski seconded themotion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1782 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FOUR THOUSAND NINE HUNDRED SEVENTY -SEVEN AND NO /100 ($4,977.00) DOLLARS FROM THE SURPLUS REVENUE SHARING FUNDS TO BUDGET ACCOUNT NO. 7510 -10 -1, CAPITAL OUTLAY -POWER RESCUE EQUIPMENT. Councilman Dittman moved to adopt proposed Ordinance No. 50409 -5, awarding the bid as recommended for the power rescue tool; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks,Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE FOX CORPORATION FOR THE BJRCHASE OF ONE POWER RESCUE TOOL WITH ACCESSORIES AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND NINE HUNDRED SEVENTY -SIX AND 75/100 ($4,976.75) DOLLARS. Authorize Final Payment - Pelly Park Proposed Ordinance No. 50409 -6 will accept and authorize final payment to Chatham & Holzaepfel for Pelly Park; final payment is in the amount of $4,019.38 Although the field itself is not complete, the contractor has completed all that was in the contract. Councilman Lander moved to adopt the ordinanne; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks,Dittman & Walmsley Mayor Gentry Nays: None April. 9, 1975 ORDINANCE NO. 1784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING DEVELOPMENT OF PELLY PARK BY CHATHAM & HOLAZEPFEL, 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 CHATHAM & HOLZAEPFEL, INC., AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Unfinished Business 5801 Councilman Dittman reported on a demonstration of a solid waste incinerator in Florida. This unit disposes of 100 tons of solid waste per day with a clean burn. Mr. Dittman felt the council should begin looking seriously at such a disposal process. Recess Mayor Gentry recessed the open meeting into an executive session for discussion of personnel matters. Reconvene When the open meeting reconvened, the following action was taken: Mr. Terry Dopson has resigned as parks & recreation director to assume a similar position in another city. Mr. Lanham recommended council confirmation of the appointment of Mr. Bobby Rountree, presently the recreation superintendent, to the position of director of parks & recreation, effective May 2, at a salary of $15,000 annually. CouncilmalBednarski moved to confirm the appointment; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks,Dittman & Walm Eley Mayor Gentry Nays: None There being no further business to transact, Mayor Gentry declared the meeting adjourned. APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor ATTEST: EDNA OLIVER, CT ity Clerk