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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