Loading...
1975 06 12 CC MinutesJoJ/ THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 12, 1975 The City Council of the City of Baytown met in regular session, Thursday, June 12, 1975 at 6:30 P. M., in the Council Chamber of the Baytown City Hall, with the following members present: Charles Pool Councilman Emmett 0. Hutto Councilman Jody Lander Councilman * Tom Walmsley Councilman Mary E. Wilbanks Councilwoman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Absent: Fred Bednarski, Jr. Councilman Mayor Gentry called the meeting to order and the invocation was offered by Dr. Edward W. Thiele, Pastor of Memorial Baptist Church. Approve Minutes Councilman Pool moved approval of the minutes of the meetings held May 22, 1975, and June 4, 1975, and ratification of actions taken at each meeting. Councilman Lander seconded the motion. The vote follows: Ayes: Council members Pool, Hutto, Lander, Walmsley and Wilbanks Mayor Gentry Nays: None Petitions There were no petitions presented to Council from the floor or by the City Administration; however, Mr. R. M. Johnston did submit an oral petition for a response from the City as to what action will be taken to correct the deficiencies in both storm and sanitary sewers on Red Bud in Lakewood Subdivision as requested by Mr. Johnston at the May 22 meeting. Mr. Lanham stated that the study has not been completed on this project. The cost estimates have not been developed, but they will be ready for presentation to the Council at the June 26 meeting. City Manager's Report A letter has been mailed to the Texas Highway Commission asking a place on the next agenda to request that the construction of the next phase of Loop 201 be expedited. The Riggs Street water well has been repaired and placed in service. The work on the Bayway Drive well has been completed and now the engineers are waiting on the results of the bacteriological test before putting it on the line. The work will not start on the Park Street well until theBayway Drive well has be placed in service. Work on the Garth Road project has been slowed down because of the rains. Word has been received from the EPA thatplans for the East District Plant have been approved and a formal letter is expected authorizing the City to go out for bids. Sanitary Sewer Contract #5 - the pipe has been cleaned to the point that all has been looked at by the engineer and found to be structurally sound. The contractor should complete the installation of the pipe by June 30. June 12,1975 Arthur Morgan - Complaint The Council heard two complaints offered by Arthur Morgan, 1003 East Fayle. Both related to unsightly materials stacked against his fence on abutting property and portable metal buildings and junk cars in the city's easement. According to Mr. Morgan, nothing has been done to correct the unsightly appearance even though he has complained several times. Recently he has received notification to make some modifications to a car port which he has had constructed on his property, to comply with the city's building code. He had snapshots of the area in question which were left with the City Manager. The administration was instructed to investigate the complaint and report at a later meeting. Dub Rogers - Appeal Decision of Planning Commission - Off- Street Parking Requirements 5838 Mr. Dub Rogers, owner of Rogers Furniture Company at 1411 North Pruett, appealed to the council to allow him to eliminate three parking spaces in order to permit him to build a 400 square foot addition to his building abutting upon Williams Street. He proposed to reduce the width of the remaining spaces to nine feet rather than the ten & eleven foot spaces he now has for parking. By doing this, he would have approximately sixteen parking spaces for customers, reserving an additional seven spaces for loading and unloading and employees' parking. Councilwoman Wilbanks moved to allow Mr. Rogers to construct this addition to his building and restripe his parking spaces to nine -foot. Councilman Hutto seconded the motion. Following some further discussion for clarification, the vote was called: Ayes: Council members Lander, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Public Hearing - Proposed Annexation of Section I - Quail Hollow Mayor Gentry opened the public hearing on the proposed annexation of Section I , of Quail Hollow which was requested by the owner, Gene Branscome. The proposed annexation 1 lies north of Baker Road and east of Goose Creek Stream and contains approxmately 54 acres. Frank Hinds, representing the Country Club Civic Association, was the first to be heard. He offered no objections to the annexation, but stressed the need for enlarged drainage facilities in the Country Club Subdivision and adjoining areas. He referred to the recent heavy rains of May 9 -10 which flooded several streets and caused "lake" conditions at the int rsection of Arrowhead and Goose Creek Drive intersection. The drainage problem hareatly increased since the construction of Pumphrey Elementary School because of the small drainage outlets and when the 54 -acre tract is completed with paving and roofing areas, the rate of run -off will be greatly increased thus causing additional flooding. Mr. Johnny Busch, engineer, representing the owner, supported the need for improvement of Goose Creek Stream to provide better outflow of drainage water. He proposed that the Flood Control District be asked to improve Goose Creek Stream by cleaning out the vegetation, and instituting a re- channelization project which would reduce the problem to a minimum as Goose Creek drains a large area. He submitted copies of a detailed report to each councilmenber and asked that a study be made of it in depth. He will then meet with council and answer any questions. Should the Flood Control District be prevailed upon to clean out the vegetation and other debris, the drainage in the Country Club area would be greatly relieved. However, he preferred redigging, and reshaping the channel to provide property drainage for the entire area. This would entail quite a cost to the District. A second ditch north of Craigmont Subdivision flowing eastward into Goose Creek Stream is also clogged with excessive vegetation. If this ditch were cleaned, the drainage would be improved tremendously. In conjunction with this hearing, a complaint of Mr. John Stipan, 2507 Cedar Avenue, regarding flooding in his area was referred to the administration for investigation. No other questions were offered and the Mayor declared the hearing closed. Ordinance Amending Contract for Jail Services - Harris County Proposed Ordinance No. 50612 -1 will amend the City's present jail services contract with Harris County to correct two errors, a typographical error and reference to an existing least agreement (which does not exist). Councilman Lander moved to adopt the ordinance reflecting the corrections. Councilman Hutto seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None 5839 June 12, 1975 ORDINANCE NO. 1808 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING OTDINANCE NO. 1775 DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON MARCH 27, 1975, BY THE AMENDMENT OF CERTAIN LANGUAGE OF EXHIBIT "A" THERETO, THE CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE COUNTY WITH REGARD TO FURNISHING, MAINTENANCE, AND OPERATION OF JOINT JAIL FACILITIES; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE TO SAID AMENDED CONTRACT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Review Proposed Changes to Existing Standard Industrial Contract - U. S. Steel Mr. Lanham informed the council thatU. S. Steel has proposed several changes in the standard Industrial District contract during recent negotiations. He asked Assistant City Attorney Jon Pfennig to point out the changes from the standard contract. However, any action which the council may choose to take on the proposed changes will not constitute approval of a contract; the Administration requested guidance from the council regarding the proposed changes at this meeting in order to complete negotiations. Mr. Pfennig stated that paragraph 9 contains the most substantial change insofar as it does deviate from the normal contract. This was probably due to the large area which U. S. Steel hopes to subdivide industrially. By this deviation, the company can hold the contract out to potential buyers within the district and during the term of the contract with U. S. Steel any buyer would be a recipient of the 2080 provision. However, this would not occur assuming an industry would be eligible for the new industry moratorium as set forth in the Industrial District Resolution. Several questions were asked for clarification, but no objections were offered by council. The administration will negotiate further on the fair market value figures. Consider Amending Industrial District Resolution Messrs. John Costolnick and John Strausser, representatives of the Greater Baytown Chamber of Commerce, appeared before the council in support of the proposed modification to Resolution No. 460 - Industrial District Resolution - and to answer questions council might have. This study had been requested by the Council at the meeting on May 8. The proposed modification to the Resolution would, for all major expansions of existing industry after January 1, 1976, provide uniform treatment with new industry locating in Baytown. In the discussion, Mr. Lanham stated that the asset projections of the city are lower than industry projections, because those prepared by the city were based on the amount of expansions and the value placed on them at the time the new industrial policy was adopted. During the study, the Committee contacted those industries that have expansions underway, securing up -to -date figures. The most recent city projection was $800 Million to $1.6 Billion from 1974 -80. The updated figure, $1.9 Billion for the same period based on the projects and investments under construction now. In the discussion relating to the exclusion of capital expenditure for product qualify and /or investments in the environmental field, it was agreed that the council would have the right to judge wehther or not it should be defined as an expansion. The council discussed a more uniform approach to new industry and expansion to existing facilities with a more reasonable moratorium, since it was suggested that the present seven year moratorium is no longer reasonable. Councilman Pool proposed a 4 -year moratorium based on the 20 -80 formula; the first year full exemption, second y ear the formula goes into effect; third and fourth year on same basis -with annexation proceedings;at close of fourth year to be placed on the city's tax roll as per fair market value. Some comparisons were considered as to other cities and their moratorium i formula afterwhich, Councilman Lander proposed a 5 -year moratorium. Councilman Hutto suggested that the Chamber Committee give additional input into the reduced moratorium proposal before the council takes action on the proposed amendment. Mr. Costolnick agreed to supply additional data, if requested. The administration was instructed to gather additional information from other cities, in addition to that gathered by the Chamber Committee to aid the council in finalizing its consideration of the proposed amendments to Resolution No. 460. 5840 June 12, 1975 , Appropriate Revenue Sharing Funds Councilman Pool moved to adopt Proposed Ordinance No. 50612 -2, appropriating $516,699.00 of Revenue Sharing Funds for the entitlement period July 1, 1975 through June 30, 1976, as was discussed at the public hearing held May 22, 1975. Councilman Lander seconded the motion. Following discussion the vote was called: Ayes: Council members Lander, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1809 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FIVE HUNDRED SIXTEEN THOUSAND SIX HUNDRED NINETY -NINE AND NO /100 ($516,699.00) DOLLARS FROM THE UNAPPROPRIATED SIXTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE SHARING, 1976 TO THE FOLLOWING BUDGET ACCOUNTS: 7610, PUBLIC SAFETY; 7620, ENVIRONMENTAL PROTECTION; 7630, PUBLIC TRANSPORTATION; 7650, RECREATION; 7660, LIBRARIES; 7670, SOCIAL SERVICES FOR THE POOR AND AGED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. *Councilman Walmsley excused from meeting. Consider Ordinance Prohibiting Motor Vehicles in Drainage Easements Mr. Lanham informed the council of the many complaints being received regarding motor vehicles using drainage easements in various parts of the city. Most complaints have been received from residents off Garth Road, whose properties abutt a drainage ease- ment which has been improved by the installation of storm sewer. The owners are no longer aboe to enjoy their backyards because of the noise created by motorbikes. If the council chooses to adopt the ordinance in question, all motor vehicles would be prohibited from using the city's drainage easements, either as an occasional ingress and egress outlet or as a permanent type outlet. After hearing a plea from Mr. Morgan to allow him to obtain a permit to continue using a drainage easement off East Fayle to haul material and remove scraps of unusable materials from a home workshop at the rear of his lot, the motion and second to adopt the ordinance was withdrawn and the administration was requested to give additional study to the proposed ordinance to provide reasonable exceptions apart from the preservation and improvement of the health, safety and welfare of the citizens. Consider Construction Schedule for 1975 -80 Capital Improvements Program Mr. Lanham referred to the recommended construction schedule of the capital improvements program which has been broken into 5 -year increments. The first year shows the greater expenditure because much of it cannot be spread over a greater construction period than one year. The council questioned some of the top priorities listed in the proposed schedule such as signalization, Park Street right of way, and the park projects. Mr. Lanham stated that the bond market was not too favorable now, and the recommendation will be to sell only those bonds needed to implement the first year's approved projects. Any delay by the council in its approval of priorities would not prevent the selection of an architect and engineering firm or firms after formal proposals have been solicited and received by the administration. The council will continue its review of the proposed schedule and make its final decision at the June 26 meeting. Commend National Weather Service Councilman Lander moved to adopt a resolution - commending the Houston and Galveston offices of the National Weather Service for their prompt and accurate predictions and 71�1 cooperation. Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Hutto Mayor Gentry Nays: None RESOLUTION NO. 513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, COMMENDING THE HOUSTON AND GALVESTON OFFICES OF THE NATIONAL WEATHER SERVICE FOR THEIR 'PROMPT AND ACCURATE PREDICTIONS AND OUTSTANDING SPIRIT OF COOPERATION, AT ALL TIMES, AND PARTICULARLY DURING TIMES OF EMERGENCY. JW71 June 12, 1975 Texas Highway Department - Bayway Drive Project Mr. Lanham referred to a recent letter received from Omer F. Poorman, District Engineer of the Texas Highway Department, in response to his conveyance of council's wishes to keep the elevation of Bayway Drive as high as possible during construction. The original plans provided items of curb and gutter and storm sewers as Baytown's estimated cost. But in view of the relative high cost of curb and gutter construction and the general concern over lowering the grade of Bayway Drive because of its use as a hurricane evacuation route, an alternate plan has been suggested. This plan would eliminate curb and gutter construction, leave Bayway Drive at its present elevation, widen the existing 2 -lane pavement to provide for 4- moving lanes of traffic, surface the shoulders with a provision for left turn channelization at major street intersections. Under this plan, the City's only responsibility would be the drainage ditches along Bayway Drive and any storm sewer which would be required to channelize the intersections. A cost estimate was not submitted, but Mr. Lanham was of the opinion that the cost would be relatively small in comparison to the previous commitment of approximately $1 Million. The Highway Department has indicated they need a reply from the council on its preference as quickly as possible. Councilman Pool moved to accept the recommendation of the administration to accept the third alternate and notify the Highway to proceed with plans as indicated. Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Hutto Mayor Gentry Nays: None The Council also instructed Mr. Lanham to talk with the County Engineer on a similar design for Baker Road between Garth and Decker with ditches on either side or between the divided roadway. Report Tow Service Abandoned Automobiles- City Vehicles Mr. Lanham reported that he had been in contact with Manuel Pease, president of the Wrecker Association, and he feels the Wrecker Association would be interested in negotiating a contract with the city for something less than the figures discussed at the May 22 meeting. He asked approval from the council to attempt to work out _ an agreement with the association which would cover the city's needs and would be acceptable to them. The council was in agreement and he will proceed to negotiate. Brownwood Civic Association The Mayor conveyed the thanks of the Brownwood Civic Association to the city for the work done in the area during the recent heavy rains, however, the emer g ency pump was not in working condition. It was suggested that the emergency type equipment be regularly tested for good maintenance and perforiance. Award Sliplining Bid - James Bowie Drive Sewer Line Seven bids were received for sliplining of the sewer line located on James Bowie Drive. The low bid is that of Shur -Flo in the amount of $45,303.78. It was the recommendation of the City 14anager that the contract be awarded to Shur -Flo with the understanding that the material suppliers will provide the City with a certification that their materials meet the specifications. Councilman Lander moved to accept the recommendation as submitted. Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Hutto and Wilbanks Mayor Gentry Nays: None ORDINANCE NO. 1810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SHUR -FLO, INC., FOR THE SLIPLINGING OF AN EIGHTEEN (18 ") INCH SANITARY SEWER LINE ON JAMES BOWIE DRIVE AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FORTY -FIVE THOUSAND THREE HUNDRED THREE AND 78/100 ($45,303.78) DOLLARS WITH REGARD TO SUCH AGFEEMENT. June 12, 1975 J044 Recommendation - Settle Claim Against Johns - Manville a City Attorney Neel Richardson recommended that the City of Baytown settle its claim against Johns - Manville for the failure of the flextran pipe which was installed along James Bowie Drive for the sum of $64,000 and authorize the execution of a release with regard to the settlement. Councilman Pool moved to accept the recommendation as presented; Councilman Hutto seconded the motion: Ayes: Council members Lander, Pool, Wilbanks and Hutto Mayor Gentry Nays: None City Manager's Meeting Mr. Lanham will attend the City Manager's meeting in Waco, Monday and Tuesday, June 16 and 17. Mr. LeFevre will be Acting City Manager in his absence from the City. Adjourn There being no further business to come before the council, Councilman Pool moved to adjourn the meeting; Councilman Hutto seconded the motion and the Mayor declared the meeting adjourned. Approved: /s/ Tom Gentry TOM GENTRY, Mayor ATTEST: EDNA OLIVER, City Clerk