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1975 07 10 CC Minutes5856 THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 10, 1975 The City Council of the City of Baytown met in regular session, Thursday, July 10, 1975, at 6:30 P. M., in the Council Chamber of the Baytown City Hall. The following members attended: Jody Lander Fred Bednarski, Charles Pool Mary E. Wilbanks Emmett 0. Hutto Tom Walmsley Tom Gentry Fritz Lanham Neel Richardson Edna Oliver Councilman Jr. Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Mayor Gentry called the meeting to order and the invocation was offered by Reverend Douglas E. Meyer, Pastor of St. John's United Methodist Church. Commendation - Col. Henry Dittman, former Councilman Mayor Gentry introduced Resolution NO. 515, recognizing, commending, and thanking former Councilman Henry Dittman, Council District No. Two. Councilman Pool read the resolution, and moved its adoption; Councilman Bednarski seconded the motion: Ayes: Council members Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 515 A ERSOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FORMALLY RECOGNIZING AND THANKING COL. HENRY "PELLY" DITTMAN FOR HIS TWO YEARS OF DEVOTED SERVICE AS COUNCILMAN FROM DISTRICT NO. TWO; AND RECOGNIZING SOME OF THE ACCOMPLISHMENTS HE WAS INSTRU- MENTAL IN BRINGING ABOUT DURING HIS TENURE OF OFFICE. Mayor Gentry then presented a plaque to Mr. Dittman. Approve Minutes Councilman Pool moved approval of the minutes of the special meetings held June 19 and 24, and the regular meeting held June 26, 1975, and ratification of the actions taken at those meeting; Councilman Bednarski seconded the motion: Ayes: Council members Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Petitions Mr. Lloyd Baird presented a petition signed by 212 residents of Craigmont Addition asking the City Council to have the following matters attended to: 1. Have the Harris County Flood Control District to clean out, deepen, and widen the drainage ditch north of Craigmont Place, into which our storm sewers empty, thereby allowing our streets to drain properly during normal and heavy rains. 2. Have the City of Baytown to clean and flush the storm sewers after Item No. 1 has been corrected. 3. Have the City of Baytown to repair the leakage of our storm sewer lines into our sanitary sewers. Mr. Lanham has received word fromCommissioner Fonteno's office that the flood control will have a crew working on an erosion problem in the Lakewood area within the next few days, and that crew will then begin work on this ditch. 5857 July 10, 1975 When the Texas Eastern contractor completes their work in lowering a line on Baker Road, they will clean the ditch on Baker Road between Decker and Goose Creek, and re -set some of the culverts there. Councilman Bednarski moved to accept the petition and refer it to the administration; Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None At the last council meeting, a petition was received asking that the property at the corner of Riggs and Lee Drives be cleaned up . Although the clean -up has not been completed, materials are no longer being put there. The city is looking for another storage area near the public works building. At the last meeting, the administration was asked to check into problems being caused by the run -off from Gulf Coast Hospital being piped to Garth Road. The hospital's administrator has indicated that plans have been drawn and proposals taken for constructing a storm sewer on their easement and the city's easement to eliminate this problem. On August 6, bids will be received for expansion to the East District Sewer System, and the rehabilitation of the West Main sanitary sewer lines. Federal approval has been received to proceed on these projects. The city will receive 75% federal funding. The sewer line cleaning in the Brownwood area is underway. About 25% of the total cleaning work has been completed. The sliplining contractor is at work on James Bowie Drive. They should pull the pipe into place tomorrow. With regard to the Travelers' Contract, the pipe is in the ground, manholes have been constructed, and testing is underway. They have advised that the line can be placed in service in ten working days. The highway department was asked to consider extending the Bayway Drive improvement project on around to its intersection with Park Street. They have advised that if the project were extended, they would have to start over on their environmental impact statement, which would cause a considerable delay. This would not preclude the city, however, from asking that the rest of this be improved under a similar program. Councilman Pool moved to instruct the administration to proceed with an additional project for that additional section, so the highway department may begin their environmental study. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Mr. Ira LeBlanc Mr. LeBlanc has indicated he would not be able to appear at this meeting. Industrial District Agreement - U. S. Steel Proposed Ordinance No. 50710 -1 will authorize the Mayor to execute an industrial district agreement between the City of Baytown and U. S. Steel. The proposed agreement has been approved by U. S. Steel. The deviations from our standard contract have been discussed at previous council meetings, and was prepared in v� accordance with council's instructions. Mr. Lanham recommended approval of the ordinance. Councilman Pool moved to approve the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wiblanks, Hutto and Walmsley Mayor Gentry Nays: None July 10, 1975 ORDINANCE NO. 1820 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT CONTRACT BETWEEN UNITED STATES STEEL CORPORATION AND THE CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Public Hearing - Annex Portionsof U. S. Steel 5858 At 7:00 P. M., Mayor Gentry called to order the public hearing on the proposed annexation of certain U. S. Steel properties. Mr. Lanham, referring to a map, described the portion of the industry that will be annexed, which is consistent with our industrial district resolution. There was no one in the audience desiring to give testimony, and council offered no discussion. Mayor Gentry declared the public hearing closed. Parks & Recreation - Annual Report Mr. Wayne Gray, chairman of the Parks & Recreation Advisory Board, presented the annual report of the Board to Council. Councilman Pool moved to accept the report and to commend the Parks Board for their service during the past year; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Mr. Lanham asked council's guidance with regard to the proposed Bicentennial Park, which was included in the first year of the bond improvements schedule. The site recommended was the school district's property at the corner of Lee Drive and Market Street. The possibility of leasing the land from the school district has been discussed with the school administration - an agreement similar to the joint city - school park agreements we presently have. Council offered no objection to negotiating such an agreement. Industrial District Resolution Proposed Resolution No. 514 will amend Resolution No. 460, the Industrial District Resolution, to provide a 4 -year moratorium on expansion to existing industry, and new industry locating in this area. At the last council meeting, there was a question about the effective date of the resolution. Mr. Richardson explained that the proposed resolution contains a clause that provides that the council sitting at the time an industry made application for an exemption would determine whether or not such industry met the qualifications of having been announced. . Mr. Richardson also recommended an addition to Paragraph 2, Page 3, with regard to industries underestimating or overestimating the anticipated fair market value of the new industry or expansion: "Adjustments as to value shall be made during the fourth contract year. Payments reflecting any increase in value shall be due on or before December 31. Any credits shall be deducted from the next year's industrial district payment." Mr. Richardson also suggested the addition of two words to the definition of expansion. An expansion is "....a facility which is intended to permanently and significantly increase production..." and that ".....which replaces or modernizes facilities only shall not be considered an expansion." Mayor Gentry suggested that in the fourth paragraph of Section 5, the words "five- year" be deleted. Council offered no objection to these changes. Following discussion, Councilman Pool moved the adoption of Resolution 514 with the additions and changes mentioned. CouncilmanHutto seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 460, DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON JANUARY 10, 1974, AND DECLARING SAID RESOLUTION TO HAVE NO FORCE AND EFFECT, FINDING, DECLARING AND ESTABLISHING THAT MANUFACTURING INDUSTRIES NEAR THE CORPORATE LIMITS OF THE CITY OF BAYTOWN RARELY USE BAYTOWN'S MUNICIPAL SERVICES TO THE SAME EXTENT AS DO PRIVATE CITIZENS AND, CONSEQUENTLY, SUCH MANUFACTURING INDUSTRIES AS A WHOLE SHOULD COMPENSATE THE CITY OF BAYTOWN PROPORTIONATELY TO THEIR USE AND ENJOYMENT OF SUCH MUNICIPAL SERVICES. 5859 July 10, 1975 Award Bid - Additional Lighting in Community Building Four bids were received for additional lighting in the Community Building meeting room: PFEIFFER ELECT. CO: $1,310.00 GULF COAST ELECTRIC: $1,935.00 BAYTOWN INDUSTRIAL CORP: $1,549.97 A -ALL ELECTRIC CO.: $2,555.00 Mr. Lanham recommended awarding the low bid of Pfeiffer Electric Company. Revenue Sharing Funds will be used to pay for this.- Councilman Walmsley moved to accept the recommencation; Councilman Huttoseconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1821 AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PFEIFFER ELECTRIC COMPANY FOR ADDITIONAL LIGHTING FOR THE COMMUNITY CENTER AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND THREE HUNDRED TEN AND N01100 ($1,310.00) DOLLARS. Award Bid - Chlovine Purchases year: Bids were received for estimated quantities of chloring purchase for one estimated quantity: 120 - 1 ton cylinders 500 - 150 lb. cylinders Cylinders JONES CHEMICAL INC. Unit Total 1 ton: $.10 lb $24,000 150 lb: $.18 lb $13,500 $37,500 DIXIE CHEMICAL CO. Unit $.113 lb $.167 lb Total $27,120 DIAMOND SHAMROCK CO. Unit Total $.12 lb $28,800 $12,525 $.18 lb $13,500 $39,645 $42,300 Mr. Lanham recommended awarding the low bid of Jones Chemical Company. Councilman Lander moved to accept the recommendation; Councilman Hutto seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1822 AN ORDINANCE OF THE CITY OCUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JONES CHEMICALS, INC., FOR THE PURCHASE OF ESTIMATED QUANITITES OF CHLORINE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Janitorial Service Bids were received for one year's contract forjanitorial service for the city hall, community center and police building. City Hall Police Bldg Community Center Metropolitan Maint: $6,900.00 $4,738.00 $14,950.00 Bayshore Bldg Maint: $8,900,00 $7,532.50 $11,960.00 Baytown Bldg Maint: $8,035.51 $7,475.00 $14,964.37 United Bldg Service: $8,602.00 $7,095.50 $20,010.00 J. R. Fuentos: No Bid $10,800.00 . No Bid Although Metropolitan Maintenance was low bidder, our experience with that company during last year's contract was not satisfactory. For this reason, Mr. Lanham recommended awarding the second low bid - Bayshore Building Maintenance in the total amount of $28,462.50. Councilman Bednarski moved to accept the recommendation; July 10, 1975 Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski,Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYSHORE BUILDING MAINTENANCE TO SUPPLY THE JANITORIAL SERVICE FOR THE BAYTOWN CITY HALL, COMMUNITY CENTER, AND POLICE BUILDING AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWENTY -EIGHT THOUSANDFOUR HUNDRED SIXTY -TWO AND 50/100 ($28,462.50) DOLLARS. Award Bids - West Texas Avenue Project Bids were received for the improvement of West Texas Avenue. This was advertised as three separate projects - drainage & earthwork, bridge and pavement. Drainage & Earthwork Brown & Root: $615,251.60 *N.M. Brown $906,620.00 Star Concrete: $623,748.00 Adjusted Bid: $578,478.00 5860 Mr. Johnny Busch explained that the adjusted bid of Star Concrete resulted after correcting an error in the unit price of one of the items.bid. This item was "adjusting existing sanitary sewer manhole to raise to specified elevation - complete in place - 50 vertical feet." Star's bid showed $1,000 per foot; however, the extended price for 50 feet was $5,000. According to the unit price, they should have bid this $50,000. The other two contractors bid $90.00 and $100.00 per foot on this item. Star Concrete has agreed that an error was made in the unit price column for this item, and should have been $i00. 00. Mr. Richardson presented an affidavit fromthe company's president stating that they, in fact, intended the $1,000 to be $100. Their work papers also indicate $99.60 per foot on this item, and the notation on the papers was to bid this item at $100 per foot. Mr. Jim Hutchiston has reviewed the work papers and concurs with this. The law provides than a contractor who makes an error in a bid not in his favor may not be held for that, and he may obtain the return of his 10% bid bond. Mr. Richardson was of the opinion that the reverse situation would also apply, and could see no reason not to proceed with the bid of Star Concrete as corrected. Bridge Hanna Construction Co: $236,950.00 Star Concrete: $261,700.00 *N. M. Brown $276,300.00 Simonsen Construction Co: $303,000.00 Brown & Root: $310,768.00 Mr. Busch recommended awarding the low bid of Hanna ConstructionCompany. Pavpmant *N. M. Brown: $293,545.00 *(all or none basis) Brown & Root: $311,226.50 Warren Brothers: $303,520.00 Because N. M. Brown qualified their bid to accept nothing but an award of all three contracts, Mr. Busch recommended awarding the second low bid for the pavement to Warren Brothers. 5861 July 10, 1975 There are uncommitted street bond funds in the amount of $1,450,000. Since Baytown's share of Bayway Drive improvement has been recduced to $50,000, plus approximately $150 - 200,000 for drainage work that may be necessary, there are adequate bond funds remaining for the West Texas Avenue project. Mr. Lanham recommended approval of Ordinance No. 50710 -5, awarding the bid for drainage and earthwork to Star Concrete. Councilman Lander moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCENO. 1824 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF STAR CONCRETE CONSTRUCTION FOR THE CONSTRUCTION OF DRAINAGE AND EARTH WORK ON THE WEST TEXAS AVENUE PROJECT AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FIVE HUNDRED SEVENTY -EIGHT THOUSAND FOUR HUNDRED SEVENTY -EIGHT AND N01100 ($578,478.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Proposed Ordinance No. 50710 -6 will award the construction of the bridge on West Texas to Hanna Construction Company, and Mr. Lanham recommended approval. Councilwoman Wilbanks moved to award the bid as recommended; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1825 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HANNA CONSTRUCTION FOR THE CONSTRUCTIOY.OF THE WEST TEXAS AVENUE GOOSE CREEK BRIDGE AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF TWO HUNDRED THIRTY -SIX THOUSAND NINE HUNDRED FIFTY AND N01100 ($236,950.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Because the West Texas Avenue project was initially begun as an assessment paving project, the initiation ordinance acopted contained a description of theproject, which included thebridge over Goose Creek. Since council decided to have the bridge constructed as a separate project, proposed Ordinance No. 40710 -8 will amend the initiation ordinance so as to exclude the bridge from the description of the project Councilmal.Bednarski moved to adopt the ordinance; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1826 AN ORDINANCE CHANGING, ALTERING AND AMENDING ORDINANCE NO. 1760 HERETOFORE ENACTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON MARCH 13, 1975, CAPTIONED AS FOLLOWS, TO WIT: "ORDINANCE NO. 1760 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT WEST TEXAS AVENUE FROM THE WEST RIGHT OF WAY LINE OF THOMAS CIRCLE TO THE EAST RIGHT OF WAY LINE OF AIRHART DRIVE, IN THE CITY OF BAYTOWN, TEAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECITING THE CONSULTING ENGINEERS 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 STREET; 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 IMPROVEMENTS 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." BY CHANGING, ALTERING AND AMENDING THE PROVISIONS OF ORDINANCE NO. 1760 July 10, 1975 5862 AS PRESENTLY CONSTITUTED SO THAT THE PROVISIONS THEREOF SHALL HEREINAFTER BE AND AS HEREIN SET OUT; DIRECTING THE CITY CLERK TO FILE AN AMENDED NOTICE WITH THE COUNTY CLERK AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 50710 -7 will award the bid for paving to Warren Brothers as recommended. Councilman Bednarski moved to adopt the ordinance; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1827 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WEST TEXAS AVENUE FROM THE WEST RIGHT OF WAY LINE OF THOMAS CIRCLE TO THE EAST BANK OF GOOSE CREEK STREAM AND FROM THE WEST BANK OF GOOSE CREEK STREAM TO THE EAST RIGHT OF WAY LINE OF AIRHART DRIVE, IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND OIL INC. FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE CONSTRUCTION OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREEF. Mr. Busch briefed council on the schedule of work. There will be some delay in starting the paving portion of the project because of the legal requirements that must be met for an assessment paving project. However, work orders will be issued for the drainage & earth work and the bridge. Mr. Busch reminded council that the bridge will be closed, from three to nine months. When the bridge and fill work are completed, the bridge might be opened to local traffic, however. Consider Construction of Bridge at Rollingbrook Drive A portion of Rollingbrook Drive between Garth Road and North Main has been constructed by the property owners. Originally, the property owners were to be respon- sible for developing the road, however, their construction of the road was to be in phases and was to be dependent on the market and rate of development of the property adjacent to the roadway. Economic conditions have changed this, however. In an effort to move this project along, because the community needs this roadway, a meeting was held with the property owners and Harris County. The county, subdividers, and the city could each assume 1/3 of the cost of building the bridge, estimated at $100- 120,000. Commissioner Fonteno has indicated he is unable to participate financially from this year's budget, but will contribute approximately $40,000 out of his 1976 budget. One of the property owners owns 3/4 of the area surrounding the bridge, and has indicated his willingness to participate to the extent of 3/4 of the 1/3; the remaining property owners have been contacted regarding the remaining quarter. Mr. Lanham recommended proceeding with this project, and that bids be based on the plans that have already been prepared by Mr. Johnny Busch. The property owners paid for the preparationof the plans. Mr. Lanham also recommended that the city finance the county's portion until they can re- imburse the city. Councilman Lander moved to authorize advertising for bids on the basis described; Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Unfinished Business Mayor Gentry requested council's concurrence of the re- appointments of Messrs. Curbis McNab and Ervie Coxson to the Baytown Housing Authority. Councilman Pool moved to concur with the appointments; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None 5863 July 10, 1975 Recess Mayor Gentry recessed the meeting into an executive session regarding personnel matters. Reconvene and Adjourn When the open meeting reconvened, Councilmai.Hutto moved that the meeting be adjourned. Councilman Walmsley seconded the motion. Ayes: Council members Lander,Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ATTEST: G%1/� a'LA) EDNA OLIVER, City Clerk APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor