1976 03 11 CC Minutes6049
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 11, 1976
The City Council of the City of Baytown, Texas, met in regular session,
Thursday, March 11, 1976, at 6:30 p.m. in the Council Chamber of the Baytown
City Hall. The following members were in attendance:
Jody Lander
Fred Bednarski
Charles Pool
Mary Elizabeth Wilbanks
Emmett 0. Hutto
Tom Walmsley
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Councilman
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 Councilman Tom Walmsley.
Approve Minutes
Councilwoman Wilbanks moved approval of the minutes of the regular
meeting of February 26, 1976, and ratification of actions taken at said
meeting; Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Petitions
None presented.
City Manager's Report
Civil Defense Plans and Operations Work Shop - The results of this
three -day work shop will be an up -dated Civil Defense Plan for Baytown.
Pine Trees Infested With Pine Bark Beetle - There are 150 -200 pine
trees in the J. C. Holloway Park which are infested with Pine Bark Beetle
and will have to be removed. The unusually dry weather contributes to the
problem. At the present time, the Administration is attempting to locate
someone who will remove the trees for the wood.
Sliplining Projects - Of the
Drive Project has been completed;
been pulled into place at Highway
approximately half the pipe that
railroad ditch sewer line and the
area have not been pulled yet.
four sliplining projects, the Decker
seven hundred (700') feet of pipe has
146 and Cedar Bayou Road, which is
Kill be installed at this location; the
line in the Harold Lane - Pamela Street
East District Sewage Treatment Plant - The contractor is continuing to
pour concrete for the treatment unit and approximately sixty (60 %) per cent
of the walls have been poured. The contractor is continuing with the instal-
lation of yard piping and the foundation for the blower has been started.
This contract is approximately thirty -four (34 %) complete, with the contractor
using approximately thirty -three (33 %) per cent of the contract time.
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Minutes of the Regular Meeting - March 11, 1976
West District Sewage Treatment Plant - With regard to the West District
Systematic Sewer System Survey, the smoke testing and quantification work
has been completed; the television work has begun and is expected to
be completed by March 19; approximately 8,000 feet of line has been selected
for televising.
West Texas Avenue Paving - The contractor plans to set forms for the
paving tomorrow. The paving machine has been down, but it will be in
working order next week. The earliest that the contractor will be able
to pour concrete will be the middle of next week. The contractor has been
instructed to begin on the East side of Loop 201 in order that the people
residing in the area between the Loop and Laredo will be benefited.
Approximately one - fourth of the deck of the bridge will be poured tomorrow
and the remainder next week. The sidewalks, the parapet walls, and the
approach slabs will then be poured.
Robin Road Storm Sewer - All the pipe is in place and the contractor
is making asphalt patches on the various streets that were crossed.
Bayway Drive Waterline - All but approximately 2,000 feet of the main
pipeline is in place. The total job was composed of about 12,500 feet of
pipe.
Bicentennial Park - The theatre slab was poured Wednesday of this week;
most of the underground electrical cable is in place. The other two historical
center pads will be poured tomorrow.
Robert Blair - Texas Consumer Association
Mr. Robert Blair appeared as representative of the Texas Consumers
Association. The purposes of the association are:
1. Protect the consumer;
2. Provide an information center for the consumer on local,
state, and federal levels;
3. Make the consumer's voice heard in all levels of government
by endorsing candidates, supporting legislation, and
mobilizing voter support for laws to protect the consumer;
4. Keep a watchful eye over agencies entrusted with the
enforcement of consumer protection laws;
5. Act as liaison between the people and the city government.
Mr. Blair presented three ordinances on behalf of the association; one
of which proposes a Department of Consumer Affairs be established as a new
department in the administration of the City. The other ordinances are of
a regulatory nature.
Mayor Gentry recognized Mr. Perry Simmons who appeared as a private
citizen and businessman of thirty (30) years tenure to state that he felt
it was not within the province of the City to be involved in consumer
affairs and asked that the Council consider the ordinances presented by
Mr. Blair very carefully.
Councilwoman Wilbanks suggested that the ordinances be referred to
the Administration for a complete analysis and that the Administration
come back to Council with a recommendation; Council concurred.
Tom Dunnam - Variance to Building Code
Mr. Tom Dunnam, a builder, appeared on behalf of Mr. Allen L. Wilson of
6522 Bayway Drive, to ask for a variance to the Building Code. Mr. Wilson
has made application to build a residential garage at 6520 Bayway Drive where
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Minutes of the Regular Meeting - March 11, 1976
an auto repair business owned by Mr. Wilson was conducted prior to a fire
which destroyed the structure. Mr. Wilson proposes to construct a residential
garage containing 1326 square feet, when the code limits residential garages
to 650 square feet. The proposed replacement garage would be thirty (30 ")
inches from the side property line on one side, when the code limits residential
structures to five feet from the side property line.
During discussion, Councilman Lander pointed out that in order to permit
this variance the Building Code would need to be amended so that anyone could
build closer than five feet to the property line and that a similar request
was denied for that very reason at a Council meeting earlier in the year.
Councilman Lander moved to deny the request; Councilman Pool seconded the
motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Decker Drive Paving Project - Hearing on Benefits Formally Closed - Assessments
Levied
In accordance with Council instructions, an ordinance has been prepared
formally closing the hearing on benefits and establishing an assessment rate
of Five and 74/100 ($5.74) Dollars per front foot against the abutting property
for curb and gutter where no curb and gutter previously existed for a total
assessment of Four Thousand Nine Hundred Forty -Six and 79/100 ($4,946.79)
Dollars. The Administration recommended approval of the ordinance.
Councilman Bednarski moved to
Walmsley seconded the motion. The
Ayes: Council members Lander,
Walmsley
Mayor Gentry
Nays: None
accept the recommendation; Councilman
vote follows:
Bednarski, Pool, Wilbanks, Hutto and
ORDINANCE NO. 1963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF THE PROPERTY ABUTTING UPON DECKER DRIVE WITHIN
THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN,
TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE
IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY,
REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT
IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS
TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND
DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS TO
THE ADJUSTMENTS HEREINBELOW MADE; FINDING AND DETERMINING
SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS
THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL
ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME;
FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFOR-
MANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS
AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING
ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY
ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT
OF PART OF THE COST OF THE IMPROVEMENTS; PROVIDING FOR THE
ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE
MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS
RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
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Minutes of the Regular Meeting - March 11, 1976
Annexation - Quail Hollow Section III
Mr. Gene Branscome has requested that Quail Hollow Section III which
consists of about 58 acres be annexed to the City of Baytown. When sub-
divided, this acreage will provide about 280 single family residential lots.
The ordinance, which calls the public hearing, sets the hearing for 7:00 p.m.
on March 25, 1976. The Administration recommended approval of this ordinance.
Councilman Lander moved to accept the recommendation; Councilman
Hutto seconded the motion.
The question was raised as to the ability of the City to provide
services to this area, especially drainage facilities. Mr. Branscome has
provided a large ditch across the property; however, it was not designed
to facilitate drainage for the entire area. Since the annexation process
takes several steps, Mayor Gentry suggested that there would be ample time
to determine the drainage question, and Mr. Lanham said he would check with
the Harris County Flood Control District regarding the "desnagging" of
Goose Creek Stream.
The vote on the above motion follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1964
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A
PUBLIC HEARING 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
THEREOF.
Agreement With Harris County - Fire Protection to Unincorporated Areas
The agreement proposed by the County is the same as the agreement
executed in 1975 except the amount has been increased from $3328 to $3397.
The Administration recommended approval of the ordinance.
During the discussion that followed, Council determined that the City
of Baytown could not provide fire protection to unincorporated areas of
the same caliber provided to its citizens and that the contract should be
approved with the stipulation that the volunteers would handle the fire
fighting in unincorporated areas with the City of Baytown dispatching one
driver and one truck.
Councilman Pool moved to approve the agreement with the proviso that
the Administration attach a letter clearly outlining what type service the
City of Baytown will be providing; Councilman Hutto seconded the motion.
The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1965
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 HARRIS COUNTY WITH REGARD TO PROVIDING FIRE FIGHTING
AND FIRE PROTECTION SERVICES TO UNINCORPORATED AREAS OF
HARRIS COUNTY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
6053
Minutes of the Regular Meeting - March 11, 1976
Change Order No. 1 - Enlargement Of The East District Sewage Treatment Plant
Council approved the preparation of this change order at the February 12
meeting. The change order involves the addition of eight more sludge drying
beds; additional chlorination equipment; and revisions to the waste sludge
pumps at the East District Sewage Treatment Plant. This change order is in
accordance with the matters discussed before the Texas Water Quality Board
in February. The Administration recommended adoption of the ordinance.
Councilman Walmsley moved to accept the recommendation; Councilman Hutto
seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH
KATY ENGINEERING COMPANY FOR THE ENLARGEMENT OF THE EAST
DISTRICT SEWAGE TREATMENT PLANT, AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Easement - Houston Lighting and Power Company
In order that HL &P can cross city property to provide service to the
East District Sewage Treatment Plant, it is necessary for the City of
Baytown to grant an easement across this property. Mr. Lanham recommended
approval of the ordinance.
Councilwoman Wilbanks moved to
Bednarski seconded the motion. The
Ayes: Council members Lander,
Walmsley
Mayor Gentry
Nays: None
accept the recommendation; Councilman
vote follows:
Bednarski, Pool, Wilbanks, Hutto and
ORDINANCE NO. 1967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CONVEYANCE OF RIGHT OF WAY ACROSS,
OVER, ALONG, UPON, AND UNDER LANDS OWNED BY THE CITY OF
BAYTOWN; DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO INSTRUMENTS GRANTING RIGHT OF WAY TO HOUSTON
LIGHTING & POWER COMPANY; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Partial Payment - Drainage and Earthwork on Texas Avenue
The contractor on the earthwork and drainage has performed all the
work possible until the bridge contractor completes the bridge work.
Normally, the City would withhold ten (10 %) per cent of the entire contract
until the job is completed. However, in this instance, since the contractor
is not at fault the Consulting Engineers have recommended that the
contractor be paid all of the amount due, except Six Thousand and No /100
($6,000.00) Dollars to cover the cost of the remainder of the work. The
final contract cost would be approximately Five Hundred Sixteen Thousand
Two Hundred Seventy -Nine and No /100 ($516,279.00) Dollars which includes
some extra work. The Administration recommended approval of the ordinance.
Councilman Pool moved to accept the recommendation; Councilman Bednarski
seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - March 11, 1976
ORDINANCE NO. 1968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, FINDING THAT THE CONSTRUCTION OF DRAINAGE AND
EARTH WORK ON THE WEST TEXAS AVENUE PROJECT IS SUBSTAN-
TIALLY COMPLETED IN ACCORDANCE WITH THE TERMS OF THE
CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF
SUBSTANTIAL COMPLETION; AUTHORIZING THE PAYMENT TO STAR
CONCRETE CONSTRUCTION OF A SUM SUFFICIENT TO INCREASE
TOTAL PAYMENT TO ONE HUNDRED (100 %) PERCENT OF THE
CONTRACT SUM, LESS RETAINAGES SPECIFIED BY THE ENGINEER
FOR ALL INCOMPLETE WORK AND UNSETTLED CLAIMS AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Award Bid - Acoustical Work In The Community Auditorium and Meeting Room
Three bids were received March 3, 1976, but each bid was for only one
phase of the job rather than the whole job. Therefore, the Administration
recommended that all bids be rejected and the job be rebid based on the
City acting as general contractor.
Councilman Hutto moved to accept the recommendation of the Administration;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Award Bid - Painting Exterior Surfaces and Hall Ceilings Of The Community
Building
This item was budgeted in the 1975 -76 Budget. Three bids were received
March 3, 1976.
Norville H. Phillips $ 12,770.00
McCune Paint Company $ 8,675.00
R. L. Goodman Painting $ 8,500.00
The bid of R. L. Goodman for the amount of Eight Thousand Five Hundred
($8,500.00) Dollars was low. Mr. Lanham recommended approval of the
ordinance.
Councilman Bednarski moved to accept the recommendation; Councilman
Pool seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN$
TEXAS, ACCEPTING THE BID OF R. L. GOODMAN PAINTING
CONTRACTOR FOR THE PAINTING OF EXTERIOR SURFACES AND
HALL CEILINGS OF THE BAYTOWN CIVIC CENTER AND AUTHORIZING
THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM
OF EIGHT THOUSAND FIVE HUNDRED AND NO /100 ($8,500.00)
DOLLARS WITH REGARD TO SUCH AGREEMENT.
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Minutes of the Regular Meeting - March 11, 1976
Deputy City Clerk
Proposed Ordinance No. 60311 -9 provides for the amendment of the Code
of Ordinances of the City of Baytown so that the City Clerk may officially
appoint deputies to perform the duties of that office in the absence of the
Clerk. This ordinance does not provide any authority for the hire of
personnel or salary administrative increase. It simply deals with the
administrative duties of the City Clerk. The Administration recommended
approval of the ordinance.
Councilman Lander moved to accept the recommendation; Councilman
Bednarski seconded the motion.
Councilman Pool felt that perhaps this ordinance was too broad and
that the City Clerk should have the authority to appoint deputies only
subject to the approval of the City Manager.
The vote on the above motion follows:
Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: Councilman Pool
ORDINANCE NO. 1970
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 2 --
ADMINISTRATION, ARTICLE I, BY THE ADDITION OF A SECTION
2 -5, REPEALING ORDINANCES INCONSISTENT HEREWITH AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Authorize Advertising for Bids - Additional Office For The Parks and Recreation
Department
At the present time there is need of an additional office in the
Community Building for the Parks Superintendent. The estimate of the cost
for this office is One Thousand Three Hundred ($1,300) Dollars which will
be expended from the 1970 Bond Funds. The unused balance from the 1970
Bond Funds and Federal Revenue Sharing Funds is Thirteen Thousand ($13,000)
Dollars. Another possible project which would be financed from these funds
is the construction of a bridge at the League of Women Voters Park at an
estimated cost of $4,000 - $5,000.
Mayor Gentry inquired about the bridge in the Jenkins - Holloway Park.
Mr. Lanham said that Harris County Flood Control District has asked for
an easement to enlarge the Cary's Bayou Drainage Ditch in that area and
the area and the City would attempt to include the reconstruction of this
bridge as part of the consideration for this easement. The Administration
requested authorization to go out for bids for the construction of this
additional office.
Councilman Bednarski moved to authorize the Administration to go out
for bids for the construction of this office; Councilwoman Wilbanks seconded
the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - March 11, 1976
Development Plan for Roseland Park
At the Council meeting on February 26, 1976, the Council asked the
Administration for a development plan for Roseland Park. Mr. Bobby
Rountree, Director of Parks and Recreation, discussed this plan. Since
the completion of the bulkhead in April of 1973, approximately 25,000
cubic yards of fill have been placed in Roseland Park. The total amount
of fill needed at this time to bring Roseland Park to a five (5') foot
level is 26,800 cubic yards; 11,200 cubic yards north of the road and
15,600 cubic yards south of the road. A boat and trailer parking area
is proposed with fifty 12' x 50' spaces for cars and trailers at an
estimated cost per space of $750.00 and a parking area for cars only with
ten 10' x 25' spaces at a cost of $300.00 per space. The proposed parking
area will be composed of a base of seven (7 ") inch stabilized shell covered
by asphalt. The asphalt with the stabilized shell base is just as durable
as concrete and costs $11.00 per square yard vs the $13.50 per square yard
for concrete. The total project costs for Alternate No. 1 would include
28,000 cubic yards of fill material, $80,400; drainage tile, $1,620; grading
and leveling, $1,000 for a total of $83,020. Added to that amount would be
$91,850 for 8,350 square yards of hard surface area asphalt, plus engineering
fees of $17,487 for a grand total of $192,357.00. The three other alternates
are:
1. Using fill material on the north side of the road only to
reduce the cost to $140,327.00;
2. Using fill for a hard surface area only at a cost of $123,167.00;
3. Using fill for a hard surface area only and the deletion of
packing on the existing road at a cost of $117,865.00.
Cost for hauling free fill is $3.00 per cubic yard at $45.00 for 15 -yard
truck load. The estimated hauling time would be twenty days for the total
area; eight days for the north side and twelve days for the south side. In
order for the City to haul the fill, the large fifteen -yard trucks would
have to be diverted from drainage projects.
No bond funds were ear - marked for improvements to Roseland; however,
another allocation of revenue sharing funds in the approximate amount of Two
Hundred Fifty Thousand and No /100 ($250,000.00) Dollars is expected or of
course, the allocation could be made in the 1976 -77 Budget to cover this
expense.
During the discussion that followed, Council was concerned with the
following aspects of this project:
1. Allocating more funds toward park projects, even though all the
council members agreed that something needed to be done to improve
Roseland Park.
2. What the contract between the county and the contract on the Baker
Road Project stipulates as far as the hauling of fill is concerned
and what steps the City of Baytown can take toward getting the fill
to Roseland Park?
3. What will the costs be to haul the fill whether by the city, county
contractor or private contractor?
Council referred all questions to the Administration for clarification.
Request Of Mr. and Mrs. Emmett C. Harris For Water Service
Mr. and Mrs. Harris are constructing a home on the portion of Raccoon
Drive which is outside the city limits and have requested permission to
connect to the•City of Baytown water and sewer systems. City of Baytown
facilities are available in this area. The policy is to charge 12 times
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Minutes of the Regular Meeting - March 11, 1976
the usual fee for water and sewer services. At some later date, the City
of Baytown may want to look at the possibility of annexing this small area.
The Administration recommended approval of the Harrises' request to connect
to the City of Baytown's water and sewer systems.
Councilman Walmsley moved to accept the recommendation; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Appointments to Urban Rehabilitation Standards Review Board
Councilwoman Wilbanks moved to reappoint the five members now serving
on the board who had agreed to continue to serve. Those members are:
William E. Gandy
William J. Gidley
Jack Hartt
Rev. Peter Katt
Edmund Mackert
Also, two new appointments are necessary and Councilwoman Wilbanks included
in the motion that Mr. John Sylvester, Sr. and Libby Weisinger be appointed
to serve on this board. Councilman Lander seconded the motion. The vote
follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Committee Reports
None
Unfinished Business
None
Recess
Mayor Gentry recessed the open meeting into an executive session to
discuss pending legal matters.
Reconvene and Adjourn
When the open meeting reconvened, the Mayor announced that no business
had been transacted. There being no further business to transact, Councilman
Bednarski moved to adjourn; Councilman Lander seconded the motion. The vote
follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
4,
Eileen P. Hall, City Clerk