Loading...
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. 6050 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 6051 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. 6052 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 6054 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. 6055 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 6056 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 6057 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