1975 04 24 CC Minutes5804
1
lj
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 24, 1975
The City Council of the City of Baytown met in regular session, Thursday,
April 24, 1975, at 6:30 p. m. in the Council Chamber of the Baytown City Hall.
The following members were in attendance:
Tan Gentry
Fritz Lanham
Neel Richardson
Edna Oliver
Howard Northcutt
Councilman
Jr. Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Mayor Gentry called the meeting to order and the invocation was offered by
Reverend Charles D. Probst, Pastor of St. Paul's Lutheran Church.
Approve Minutes
Councilman Dittman moved approval of the minutes of the meetings held
April 9, April 15, and April 18, and ratification of actions taken at those
meetings; Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
Petitions
There were no petitions presented.
City Manager's Report
Notification has been received that Baytown's Revenue Sharing entitlement for the
the next year, beginning July, 1975, will be $516,699. A public hearing for
appropriation of the funds is being planned for May 22; an ordinance will be presented
at the next council meeting, May 8, calling that hearing.
Notification has been received from the Texas Water Quality Board that the plans
and specifications for the enlargement of the East District Treatment Plant and the
rehabilititation of the West Main Sewerage System have been approved by the State,
and have been forwarded to the regional EPA office in Dallas. Approval from EPA is
expected during the second week in May.
At the last meeting, Mr. Verlon Jones appeared before council regarding problems
with his lawn service and the city's trash pickup. It appears there was a misunder-
standing, and if Mr. Jones puts the trash in containers, the city will pick it up
as any other trash. However, if he hauls the trash to the landfill himself, he will
still be charged a fee as a commercial hauler.
The Central Baytown Business & Professional Associaticn have asked that the traffic
signals be re- instated on Texas Avenue. Pedestrians are having difficulty crossing
Texas Avenue, as well as traffic traveling north and south. Mr. Lanham recommended that
these signals be put back in operation. Council offered no objection.
A request has been received from the school district and parents regarding the
sacking of the traffic signal at Carver and Lee Drive, adjacent to Carver -Jones
Elementary School. It seems that some of the children cross at this location before
eight o'ccick, before the traffic guard comes on duty. Although the traffic on
Carver Street does not warrant a signal, Mr. Lanham recommended this light be put back
into operation. Council offered no objection.
Jody Lander
Fred Bednarski,
Charles Pool
Mary E. Wilbanks
Henry Dittman
Tom Walmsley
Tan Gentry
Fritz Lanham
Neel Richardson
Edna Oliver
Howard Northcutt
Councilman
Jr. Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Mayor Gentry called the meeting to order and the invocation was offered by
Reverend Charles D. Probst, Pastor of St. Paul's Lutheran Church.
Approve Minutes
Councilman Dittman moved approval of the minutes of the meetings held
April 9, April 15, and April 18, and ratification of actions taken at those
meetings; Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
Petitions
There were no petitions presented.
City Manager's Report
Notification has been received that Baytown's Revenue Sharing entitlement for the
the next year, beginning July, 1975, will be $516,699. A public hearing for
appropriation of the funds is being planned for May 22; an ordinance will be presented
at the next council meeting, May 8, calling that hearing.
Notification has been received from the Texas Water Quality Board that the plans
and specifications for the enlargement of the East District Treatment Plant and the
rehabilititation of the West Main Sewerage System have been approved by the State,
and have been forwarded to the regional EPA office in Dallas. Approval from EPA is
expected during the second week in May.
At the last meeting, Mr. Verlon Jones appeared before council regarding problems
with his lawn service and the city's trash pickup. It appears there was a misunder-
standing, and if Mr. Jones puts the trash in containers, the city will pick it up
as any other trash. However, if he hauls the trash to the landfill himself, he will
still be charged a fee as a commercial hauler.
The Central Baytown Business & Professional Associaticn have asked that the traffic
signals be re- instated on Texas Avenue. Pedestrians are having difficulty crossing
Texas Avenue, as well as traffic traveling north and south. Mr. Lanham recommended that
these signals be put back in operation. Council offered no objection.
A request has been received from the school district and parents regarding the
sacking of the traffic signal at Carver and Lee Drive, adjacent to Carver -Jones
Elementary School. It seems that some of the children cross at this location before
eight o'ccick, before the traffic guard comes on duty. Although the traffic on
Carver Street does not warrant a signal, Mr. Lanham recommended this light be put back
into operation. Council offered no objection.
5805
April 24, 1975
i
The accidents at Defee and Fourth Streets have been analyzed, and the problem
is not from speeding, but from people running the stop signs on Fourth Street.
Mr. Lanham suggested a stop sign be placed on Defee also.
However, since Defee is a thoroughfare, more accidents could result from
this. In discussion, the fact was mentioned that the property on the southwest
corner of the intersection is very high, and could be causing some of the problems.
Mr. Lanham was asked to contact the owner of this property, and see if he
would allow the city to cut this property down.
The hearing on the subsidence control bill has passed the House, and a
hearing is scheduled in the Senate for Wednesday at 3:30 P. M.
Since this is the date council must meet to canvass the special run -off
election, Council concurred to meet at 7:00 a.m. Wednesday. This will enable
council members and the administration to attend the hearing in Austin.
Regarding the slip lining project on GarthRoad, 512' of the work has been
completed; the total project involves 1558'.
Two crews are presently working on Sanitary Sewer Contract No. 5. Satisfactory
progress has been made; a great deal of site work had to be done before cutting
trenches for the pipe.
Council was extended an invitation to attend the VFW Loyalty Day meeting
May 1, at 7:00 P. M. at the HL S P building. The speaker will be
Councilwoman Wilbanks.
I
Because of the finding of the Corps of Engineers regarding the cost to benefit
ratio of a levy for Baytown, it is imperitive that Baytown have escape routes out of
the City. In view of the fact that the highway department has been authorized
to prepare plans and specifications for thsimprovement of Bayway Drive, Councilman
Pool requested the administration ask the highway department not to cut this
road down, but to elevate it in some places.
General Teleponne Company
Mr. Al Chappell, General Telephone Company, gave a slide presentation
concerning the operations of the phone company, and the revenue it moat generate.
Mr. Chappell distributed information to council regarding a proposed new pricing
concept, whereby a customer using a particular service of the phone company, would
pay for the actual cost of that service. Mr. Chappell requested a work session
with council to discuss the revenue needs of the phone company.
Baytown Evening Optimist Club
Mr. Lewis Wiedman, representing
to extend an invitation to council,
Baytown Police Department to attend
Street, May 5 at 7:00 P. M. May 1
felt the police deparmtent should b
during the past year.
the Baytown Evening Optimist Club, appeared
the administration, and members of the
a dinner at the Optimist building on Market
- 7 is Respect for Law Week, and Mr. Wiedman
recognized for their outstanding service
Baytown American Revolution Bicentennial Commission
- Mr. Dick Moravek appeared on behalf of the Horizons '76 Committee of the
BaytownAmerican Revolution Bicentennial Commission. This Committee is charged
with the responsibility to provide for our future. The Committee has determined
such a project that would provide the citizens of Baytown a recreation site,
open space, and a gift to the nation as well as the community in conjunction with
the American Bicentennial. The proposal is the development of property at the
corner of Lee Drive and Market Street into a recreational site. This property
is presently owned by the school district. To accomplish this project, the
Horizons Committee recommends that the city and school district (1) enter into
an agreement to the concept of this facility, (2) agree on the design of the
facility, (3) the City of Baytown maintain the facilitires and grounds for the
life of the agreement; and (4) the financing of the facility be developed in the
best interest of both agencies. Suggestions for financing this project were
a
1975 Capital Improvements Program, federal funding, general revenue sharing, donations,
and general fund. Mr. Moravek presented drawings of how the area could look after
development.
Council will take the proposal under consideration.
A
5806
,
Speed Limit on Memorial Drive
Mr. Ira LeBlanc appeared topresent a petition concerning the speeding on
Memorial Drive. The petition contained sixteen signatures.
"Forty to sixty percent of the drivers of automobiles that use Memorial Drive
exceed forty miles per hour and twenty percent of those drive fifty to sixty
miles per hour.
We, as law abiding tax paying citizens, demand that the City of Baytown
rectify this intolerable situation.
Mr. LeBlanc stated that there is not adequate police enforcement of the speed
limit on Memorial, and that the police department should either be enlarged to provide
this, or that the force should be used more efficiently.
( *CouncilmanBednarski excused from meeting) Councilman Lander moved to
accept the petition; Councilwoman Wilbanks seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, and Walmsley
Mayor Gentry
Nays: None
Roseland Park Boat Ramp
Mr. Richard Clark appeared before council to ask that more money be spent to
improve the boat ramp facilities at Roseland Park.
Resort of Capital Improvements Study Committee - Bond Election
At the special meeting on April 15, the recommendations of the Capital Improvements
Study Committee were presented concerning the bond election.
Public Safety: (Traffic signals - $650,000) (Fire Equip. - $250,000) $ 900,000
"
Drainage
2,350,000
Water System Improvements
850,000
Sewer System Improvements
3,000,000
Parks Improvements
1,300,000
Public Buildings: (Library - $1,095,000) (Museum - $205,000)
1,300,000
Street Improvements
2,300,000
Golf Course
1,300,000
TOTAL BOND ISSUE:
13,300,000
Mayor Gentry asked that each item be considered separately, and
that any objection
or questions concerning the items be made at that time.
1. Traffic Signals - No objection
2. Fire equipment - No objection
3. Drainage Improvements - No objection
4. Water System Improvements - No objection
5. Sewer System Improvements - No objection
-
6. Parks Improvements - As requested at the special meeting, Mr.
Lanham presented
the projected increased operational costs assuming this bond item is
approved by voters.
The costs are projected through the next four fiscal years, and are
accumulative.
1975 -76 $22,452
1976 -77 $36,348
1977 -78 $28,416
1979 -80 $27,023
This comes to a total of $114,239 in increased budgetary costs,
also assuming
the improvements have been made at the end of the four years. This
does not necessarily
mean a tax increase, however, because the increased revenue coming into
the city due
5807
to increased valuation for tax purposes, new businesses and facilities, could
off -set the $114,239 each year.
7. Library - the figure proposed does not necessarily mean an addition
costing $1.095 Million will be constructed. This figure will include contents
also, such as furniture. Regarding maintenance, the current expenditures for
utilities and building maintenance is $12,734 annually. The expanded building
would require an additional $16,871 per year. The increase in size of the
building would also enable the employment of additional professional and
clerical personnel at a cost of $35,000. The additional personnel would not
be a result of enlarging the present library, but would only make it possible,
as they are present needed.
8. Museum - The budget cost per year for this facility is $11,500 for one
attendant and utilities.
9. Street Improvements - No objection
10, Golf Course - If voters approve a golf course, a tax increase is
indicated. The projected annual budget cost is $92,000, although this could
be offset through green fees.
Councilman Pool moved that these ten items be placed on the ballot for
the bond election; Councaman Lander seconded the motion:
Mr. Richard Park, Chairman of the Planning Commission, appeared before council
to ask that it consider including in the bond election of the construction of a
bridge over Goose Creek Stream which would complete the extension of Massey Tompkins
Road to Garth Road. The estimate for one lane is $100,000. Since there is an
esplanade on the extension, two bridges would actually be constructed. The
Planning Commission recommends that the county be asked to assist in the bridge
construction.
Following discussion, Council offered no motion to change or add to the
recommendations of the steering committee; the bridge will not be considered
in the bond election.
Mayor Gentry called for the vote on the motion to include the ten items on
the ballot.
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
Suggestions were made as to how these items should be listed on the ballot,
afterwhich, Councilman Walmsley moved they be listed in the following order:
1. Street Improvement
2. Traffic Signal Improvements
3. Fire Equipment
4. Drainage Improvements
5. Water System Improvements
6. Sewer System Improvements
7. Parks Improvements
8. Library
9. Museum
10. Golf Course
Councilman Pool seconded the motion. Several Council members expressed
concern that the citizens might interpret the list as an indication of priority;
some members were of the opinion that the list should be an indication of priority..
Following discussion, Mayor Gentry called for the vote.
Ayes: Council members Pool, Dittman and Walmsley
Mayor Gentry
Nays: Councilwoman Wilbanks
Abstain: Councilman Lander
Mayor Gentry declared the motion carried, and an ordinance will be presented at the
special council meeting, Wednesday morning, calling the bond election.
A
r
April 24, 1975
( *Councilman Dittman excused from meeting)
Phase II - 1975 Street Improvement Program
Mr. Lanham recommended the following streets be improved in Phase II of the
1975 Street Improvement Program.
Deanee -
Texas Ave to Wright Blvd
Decker Drive -
Garth Rd to Texas Ave traffic circle
Edison -
Barrymore to Carnegie
Elm -
Nazro to Riggs
West Gulf -
Dead end at Goose Creek stream to Laredo
High Street -
South Main to dead end
West Humble -
Whiting to Commerce
Olive -
West of Danubina to Strickland
Pearl -
Dead end west of Fifth to Highway 146
Timber Lane -
Jasmine to Meador
Wildrose -
Holly Dr to Meador
South Pruett -
Texas Avenue to Denby
Craig Street -
N. Main to Sterling High School parking lot
5808
The estimate for this Phase is $302,626, to be paid from budgeted funds. Mr. Lanham
recommended authorization to prepare plans and specifications.
Councilman Pool moved to accept the recommendation; Councilman Walmsley seconded
the motion:
Ayes: Council members Lander, Pool, Wilbanks, and Walmsley
Mayor Gentry
Nays: None
Re- organize Council Traffic Committee
Councilman Pool, chairman of the Traffic Committee, and Mr. Lanham have recommended
that the committee be reorganized, to function more as a council- citizens committee,
with city staff members serving as ex officio members rather than voting members.
The membership would be as follows:
Two members of the City Council
Chairman of the Citizens' Safety Committee or his designee
Two members appointed by the City Council
Ex Officio members: Chief of Police, City Attorney or his designee,
Chief Inspector, City Manager, Director of Planning S Traffic
Councilman Lander moved to approve the reorganization of the Council Traffic
Committee as proposed; Councilman Walmsley seconded the motion:
Ayes: Council members Lander, Poo, Wilbanks, and Walmaley
Mayor Gentry
Nays: None
Call Public Hearing - J. M. Huber Corporation
Proposed Ordinance No. 50424 -1 will set the date, time and place for a public
hearing on annexation of certain properties owned by J. M. Huber Corporation.
This is in accordance with the industrial district policy. Mr. Lanham recommended
the ordinance be passed, calling the haring for the next regular meeting, May 8.
Councilman Pool moved to accept the recommendation; Councilman Walmsley
seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1789
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HARING ON THE
PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC
HEARING AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
5809
April 24, 1975
Calling Hearing on Benefits - Post Oak Drive
Proposed Ordinance No. 50424 -2 will call a hearing on benefits on the Post
Oak Drive assessment paving project, for May 22. Councilman Walmsley moved
to adopt the ordinance; Councilman Lander seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1790
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, RATIFYING AND
CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT
IMPROVEMENT OF POST OAK DRIVE WITHIN THE LIMITS HEREINBELOW SET OUT;
REPEALING ORDINANCE NO. 1754 DULY ADOPTED BY THE CITY COUNCIL ON THE
27TH DAY OF FEBRUARY, 1975; APPROVING AND ADOPTING THE WRITTEN STATEMENT
OF THE CITY'S CONSULTING ENGINEERS SHOWING THE ESTIMATED COSTS OF
IMPROVEMENTS ON SAID STREET, INCLUDING ESTIMATES OF THE AMOUNTS PER
FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON
SAID STREET TO BE IMPROVED AND THE OWNERS THEREOF, AND OF OTHER COSTS
AND MATTERS RELATING THERETO, ORDERING THAT A HEARING BE HELD AND GIVEN
TO ALL OWING OR CLAIMING INTERESTS IN PROPERTY ABUTTING SUCH PROPOSED
IMPROVEMENTS AND AS TO OTHER MATTERS RELATING THERETO, SETTING AND
FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE
THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Enter Into Agreement with Underwood, Neuhaus & Company - Financial Advisors
Proposed Ordinance No. 50424 -3 will enter the City into an agreement with
Underwood, Neuhaus & Company for financial advisory services. This firm was used
during the 1965 and 1970 bond elections,and for the recent sale of junior line
bonds. A new contract is necessary, however, for a new bond election. The
law firm of Vinson, Elkins, Searls, Connally & Smith will also be used again.
Councilman Pool moved to adopt the ordinance; Councilman Lander seconded
the motion:
Ayes: Council members Lander, Pool,Wilbanks, and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1791
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 A CONTRACT WITH UNDERWOOD, NEUHAUS & CO., INCORPORATED FOR
PROFESSIONAL SERVICES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE,
AND DELIVERANCE OF GENERAL OBLIGATION BONDS FOR VARIOUS PURPOSES, CONTEM-
PLATED TO BE PRESENTED TO THE QUALIFIED VOTERS OF THE CITY OF BAYTOWN FOR
AUTHORIZATION FOR ISSUANCE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Authorize Bids - Repair Water Wells # #9 (Park Street) and # #14 (Bayway Drive)
With regard to drilling a new water well, which was recommended at the meeting
on March 13, Mr. Johnny Busch recommended that a new well not be drilled, but instead
make repairs to two existing wells in the city.
Water well # #14 - Bayway Drive - was examined, and the pump equipment found to
be in very poor condition - beyond repair. Mr. Busch recommended that this well
be put back into production, by installing new pumping equipment which would
produce 1,000 GPM, affording a net increase in production of 626,400 GPD.
Regarding well # #9 on Park Street, new pump equipment needs to be installed
here also. This equipment would produce 1,200 GPM, or an increase in production
of 664,000 GPD.
Mr. Busch requested authorization to advertise for bids for these repairs,
and Mr. Lanham recommended approval.
Councilman Lander moved to accept the recommendation; Councilman Pool seconded
the motion:
Ayes: Council members Lander, Pool, Wilbanks and Walmsley
Mayor Gentry
Nays: None
April 24, 1975 5810
Consider Emergency Repairs - Water Well #3a (Riggs & Lee Drive)
Water well No. 3a at the corner of Riggs and Lee Drive quit pumping about ten days
ago due to some failure in the pumping equipment. Until the equipment is pulled from
the hole, Mr. Busch explained there is no way of knowing what the repairs will consist
of. This well was drilled in 1955 and re- equipped in 1965. This well must be repaired
on some type of emergency basis, and rather than taking bids, Layne - Singer will pull
the pump the middle of next week. Council will probably be asked to authorize repairs
at the April 30 meeting.
Committee Reports
Mayor Gentry appointed Councilman Bednarski and Councilwoman Wilbanks to a committee
to make a recommendation concerning the appointment of the city's auditor for the cur-
rent fiscal year. If possible, a recommendation will be made at the April 30 meeting.
Several weeks ago, the city was notified that it would not be receiving the community
development block grants. Of the SMSA cities (under 50,000) there were 210 in Texas
that were excluded from the grant.
The executive committee of the Houston - Galveston Area Council met with TML officials,
and their report was not favorable. Councilwoman Wilbanks explained that apparently,
our congressmen were in favor of the Bill, however, the final Bill that passed contained
some error in calculation, and only the hold - harmless entities and urban counties were
funded; there was no money left for cities under 50,000 population.
Presently, there has been an emergency amendment to pass the House, with some
additional $55 Million that would be earmarked for the SMSA cities. The hearings are
being held in the SEnate this week. The only encouragement for 1976 funds is for cities
of our size to encourage the Legislature to increase the funds to $3 Billion that
would be available for the community development funds.
The administration was requested to prepare a resolution to be forwarded to our
congressmen, encouraging the Legislature to increase these funds. The resolution may
be presented at the April 30 meeting.
Councilwoman Wilbanks announced the appointment of two citizens to the Area Education
Commission - Mrs. Eileen Caffey and Mrs. Winnie Brown
Recess
Mayor Gentry recessed the open meeting into an executive session regarding
pending litigation.
Reconvene
When the open meeting reconvened, the following action was taken:
Councilman Pool moved that the Administration be directed to advise Bayshore
Constructors, Inc., that their election to arbitrate is not timely, nor is it made
pursuant to the terms of the contract, and that accordingly the City of Baytown
declines to submit their claim for additional compensation to arbitration.
Councilwoman Wilbanks seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, and Walmsley
Mayor Gentry
Nays: None
AdJourn
Upon the motion by Councilman Walmsley, seconded by Councilman Lander, Council
voted unanimously to adjourn.
APPROVED: /s/ Tom Gentry
TOM GENTRY, Mayor
AT T:
1
EDNA OLIVER, City Clerk