Loading...
1976 07 08 CC Minutes1 r r 6155 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 8, 1976 The City Council of the City of Baytown, Texas, met in regular session Thursday, July 8, 1976, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Ted Kloesel Mary E. Wilbanks Emmett Hutto Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Absent: Jack Kimmons Allen Cannon Councilman Councilman Councilwoman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman Councilman Mayor Gentry called the meeting to order and offered the in- vocation. rove Minutes Councilman Kloesel moved to approve the minutes of the special meeting of June 21 and ratification of actions taken at said meeting; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Councilman Hutto moved to approve the minutes of the regular meeting of June 24 and ratification of actions taken at said meeting; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Petitions None. City Manager's Report Community Development Funds - The Administration has received information, unofficially, that Harris County has been allocated in excess of $3,000,000 in Community Development Funds. The City of Baytown was a party to the application filed by Harris County and should receive approximately $300,000 as its pro rata share which is substantially more than was expected in the beginning. Therefore, when official notification is received, the Administration will be developing recommendations for Council consideration concerning the additional funds. Senate Committee - Brownwood Evacuation - Mayor Gentry explained that he was not certain until the Friday before he left that he would be able to be present at the hearing before the Senate Committee on the evacuation of Brownwood, and was, therefore, unable to get the consent of Council at its regular meeting. However, each Council member was contacted separately to get approval for attending the meeting. 6156 Minutes of the Regular Meeting - July 8, 1976 Senator Lloyd Bentsen, who is one of the co- sponsors of the Legislation and is on the Public Works Committee of the Senate, was present at the hearing and spoke favorably on behalf of the passage of this Legislation. He also assured Mayor Gentry that he intended to devote much time and energy to obtain the favorable vote of the Senate. No date has been set for hearing in the House of Representatives, however, Congressman Eckhardt has assured the Baytown delegation that he will push for passage in the House. Flushing of Fire Hydrants - Several calls have been received recently regarding rusty water; therefore, fire hydrants are scheduled to be flushed beginning Monday night and continuing through Friday night. Plans were to flush sooner but two water lines were being installed (Baker Road and Bayway Drive). Also, because of the installation of the waterline on Baker, that well was not being used and all the wells should be operating during this process. Bayway Drive Waterline - All the work, including the cleanup and asphalt drive replacement, should be completed tomorrow after- noon, and probably the Administration will request acceptance of this work by Council at the next regular meeting. West Texas Avenue - The contractor was attempting to complete the asphalt overlay today. Traffic has been going around the barricades and across the bridge. Hopefully, the street will be open to traffic next week. The Highway Department has pulled its people off the West Texas Avenue Project onto Spur 330. Spur 330 is ready for asphalt and should be open in 2 -3 weeks. The city will grade that section of Dorris that has been damaged by the contractor for the Highway Department so that traffic can get from Dorris onto West Texas Avenue. Graywood Storm Sewer - This project is virtually complete with the only remaining work being the box culvert at the end of Memorial on Decker Drive, which should be completed within 2 -3 weeks. Hunnicutt Storm Sewer - All the tunneling under Highway 146 is complete; the box culvert on Danubina is approximately sixty (600) per cent complete. Jail House Ditch - About 150 feet of the 54 inch pipe at Highway 146 has been installed and the contractor has started west on Republic Street. Park Maintenance Building - The slab has been poured. The building is on order and should arrive in about three weeks. After the building is received, it should take approximately two days to construct. Tennis Court Lighting at Duke Hill Park and Travis School Park - The work order has been issued to Gulf Coast Electric Company. East District Sewage Treatment Plant - This work continues to move ahead satisfactorily with sixty -seven (67;) per cent of the project being complete and fifty -two (52 %) per cent of the contract time having been used. Construction of the eight addi- tional sludge drying beds is approximately forty (400) per cent complete. Council approved the plans for the sludge de- watering facilities at a recent meeting. These plans have been presented to the Texas Water Quality Board, approved, and forwarded to the EPA for approval. Approval of the EPA must be received prior to letting the contract. i u 6157 Minutes of the Regular Meeting - July 8, 1976 1976 Street Improvement Program - The 1976 Street Improvement Program will be financed with budgeted funds and Revenue Sharing Funds. Brown and Root, Inc., the contractor on this project, is currently working on North and South Gaillard. All the base work has been completed, lime stabilization is complete and new valley gutters have been constructed. On North Ashbel, all of the base work and lime stabilization has been completed. On South Ashbel and Polly Streets only the base work is underway. Sliplining Projects - The contractor is televising the line along Scenic Drive. The line between Grantham and Harold is being cleaned and prepared for televising and sliplining should begin early next week. Councilwoman Wilbanks offered commendations to the Parks and Recreation Department of the City of Baytown and especially Mr. Bobby Rountree, Director of Parks and Recreation, for the extremely successful July 4 Bicentennial Celebration. She said that to plan, to organize and to coordinate an event for 12,000 people was quite a feat, and Mr. Rountree and his staff should be recognized; Council concurred. Councilman Hutto was concerned about pipe which had been delivered to the vicinity of Republic and Seventh Streets and placed so that the pipe was causing a traffic hazard. The Administration had received some calls in this regard and had asked that the contractor wait until the pipe was actually needed before requesting delivery. Also, Republic Street has been closed to through traffic. Councilman Kloesel informed Council of a request from the Central Heights Civic Association that besides the work on Laredo, Community Development Funds be used to cut a ditch on the south side of Atlantic Street and for drainage work on Atlantic. With regard to a question concerning drainage in Craigmont, Mr. Lanham responded that the County had cleaned the ditch north of Craigmont last year, then the City cleaned its storm sewers that drain into that ditch. The Baker Road Ditch is included in the contract that the County has for improvement to Baker. Councilman Kloesel said that the Volunteer Firefighters' Association, the Gulf Coast Firefighters' Association, would be having a pumper race in Baytown on July 17 and had requested to set up around a plug in front of City Hall which would require the digging of holes in a 12' x 10' area around the plug; however, the firefighters had agreed to restore the grass. Also, the fire- fighters would like to have temporary lights in this area for the event. Ordinance - Final Reading on Annexation of Ten Acres at 800 West Baker Road (St. John's Catholic Church Property) During the public hearing held by Council, no objections were voiced, and this ordinance was passed on first reading by Council. The Administration recommended approval of the ordinance on second and final reading. Councilman Lander moved to adopt the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None 6158 Minutes of the Regular Meeting - July 8, 1976 ORDINANCE NO. 2006 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TER- RITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN. TEXAS. Ordinance - Execution of Judgment Lien Neel Richardson, City Attorney, explained that some time ago, pursuant to a contract with a local attorney, the City of Baytown intervened with the Goose Creek Consolidated Independent School District in a lawsuit against the St. James House for delinquent taxes. There was a question as to whether or not this institution would qualify as a charitable organization, and therefore, be exempt. It was determined that for two years during the time in question St. James House was not a purely charitable organization and for that two -year period, taxes were owed. As a result, the City, School District, and County obtained a judgment for this two - year period of delinquent taxes and by this judgment the tax lien was foreclosed. The judgment has been paid. It is, therefore, necessary for the City to execute a release of that Judgment Lien that it obtained by virtue of that lawsuit. The adoption of this ordinance would authorize the execution of that release. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A RELEASE OF JUDGMENT LIEN WITH REGARD TO CAUSE NO. 826,504, GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT VS. ST. JAMES HOUSE OF BAYTOWN, INC., WHEREIN THE CITY OF BAYTOWN, TEXAS, WAS AN INTERVENOR, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Flexible Base Material Three bids were received on the estimated annual supply of limestone, to be used as a flexible base material, on Tuesday, June 22, 1976. The tabulation follows: BIDDER: GULF COAST LIMESTONE, INC. T=TY DESCRIPTION N TT Unit Total Unit Total 6000 tons Flexible Base Material $7.00 $42,000 $6.00 $36,000 BIDDER: RADCLIFF MATERIALS, INC. ITY DESCRIPTION STO K ILE NTSITE Unit Total Unit Total 6000 tons Flexible Base Material $7.40 $44,400 $5.70 $34,200 BIDDER: TEXAS CRUSHED STONE CO. QTY DESCRIPTION STOCKPILE PLANTSITE Unit dal Unit Total 6000 tons Flexible Base Material $7.79 $46,700 $6.00 $36,000 i 6159 Minutes of the Regular Meeting - July 8, 1976 Companies Submitting No Bid: B. L. Henderson and Sons, Inc. Highlands Shell Co., Inc. The bid of Gulf Coast Limestone, Inc. of Baytown is low for both stockpile and plantsite delivery when one considers that the apparent low bidder for plantsite delivery, Radcliff Materials, Inc., is 22 miles from the service center and Gulf Coast Limestone, Inc. is only a distance of one block. Therefore, the Administration recommended the best bid, as well as low bid of Gulf Coast Limestone, Inc. Councilman Lander moved to adopt the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GULF COAST LIMESTONE INC., FOR THE PURCHASE OF ESTIMATED QUANTITIES OF FLEXIBLE BASE MATERIAL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Commissioner Jim Fonteno - Absentee Voting Commissioner Fonteno stated that Commissioners Court had passed an order directing the County Clerk to implement absentee voting in the precincts. This is a new process and will thereby pose certain problems, for instance: 1. A place convenient to the majority of the people in the area. 2. The area this polling place should cover. 3. A place convenient for the physically handicapped. Also, the County Clerk does not favor this new method of handling absentee balloting. Due to the problems involved, Commissioner Fonteno requested that City Council appoint a committee of three to work on locating a polling place for absentee balloting and to work out the various problems associated with this new process. Mayor Gentry said that the Council would take this request under advisement and would probably be able to name that committee at the next regular meeting. Award Bid - Cement Stabilized Sand One bid for the estimated annual supply of cement stabilized sand was received Tuesday, June 22, 1976. Two "No Bids" were received. The tabulation follows: BIDDER: HIGHLANDS SHELL CO., INC. QUANTITY DESCRIPTION Unit Price Total Price 5',000 tons 1; sk. cement $ 8.00 $ 40,000.00 stabilized sand 100 tons 23� sk. cement 10.25 $ 1,025.00 stabilized sand Companies Submitting No Bid: Stedham & Mahe Baytown Sand $ Clay 6160 Minutes of the Regular Meeting - July 8, 1976 Highlands Shell Company, Inc. bid $8.00 for lh sacks cement stabilized shell; last year the City paid $6.25. The bid for 2z sacks cement stabilized sand was $10.25; last year the City paid $8.302 which is a substantial increase in both instances. However, since this was the only bid submitted and therefore, the best bid, the Administration recommended that the bid be awarded to Highlands Shell Company, Inc. Council expressed concern that only one bid was received and that no determination had been made as to whether or not this bid was comparable to what other cities were paying for cement stabi- lized sand. Councilman Kloesel moved to table this item; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Nays: None Abstained: Mayor Gentry Award Bid - Ready Mix Concrete Two bids were received for estimated quantities of ready -mix concrete. The tabulation follows: BIDDER: QUANTITY 500 cu. yds. CASH DISCOUNT: BIDDER: QUANTITY 500 cu. yds. CASH DISCOUNT: DESCRIPTION 5 sk. Concrete DESCRIPTION GIFFORD -HILL $ CO., INC. Unit Price Total Price $ 31.12 $ 15,560.00 2% 0 FSI CONCRETE Unit Price Total Price 5 sk. Concrete $ 31.60 2% - 10 days $ 15,800.00 Gifford -Hill and Company, Inc. is the low bidder for a unit price of $31.12; last year the City paid $27.85. The Administration recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. It was noted that in this instance two bids were received, which gave some bases for comparison. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GIFFORD -HILL FOR THE PURCHASE OF ESTIMATED QUANTITIES OF READY MIX CONCRETE ON A UNIT PRICE BASIS, WITH THE COM- PENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Final Payment for Bicentennial Park At the June 24 meeting of the City Council, Council approved substantial completion payment for the Bicentennial Park Project with the exception of the mural for which $500.00 was retained. r-- r r 6161 Minutes of the Regular Meeting - July 8, 1976 The work has been completed and final inspection has been made; therefore, the Administration recommended adoption of the ordinance. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING DEVELOPMENT OF BAYTOWN BICENTENNIAL PARK BY PAYTON CONSTRUCTION COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID PAYTON CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Change Order No. 1 to the Contract with Channel Construction Company for Sliplining At the last regular Council meeting, Council authorized a contract with Channel Construction Company for the sliplining of five locations for a total of approximately $114,000. A sewer line along Tenth Street between Fayle and Ward has failed con- stituting an emergency. Due to the emergency situation and since Channel Construction Company has agreed to the addition of this location to the contract, said addition being below the statutory twenty -five per cent increase, the Administration recommended approval of this change order for the amount of $17,500.00 Councilman Kloesel moved adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None This project will be financed from 1975 Bond Funds. ORDINANCE NO. 2044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY FOR THE SLIPLINING OF SANITARY SEWER LINES ON CERTAIN DESIGNATED STREETS IN THE CITY OF BAYTOWN AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 539 - Second Year Funding Crime Prevention Grant At a recent meeting, Council authorized the Administration to make application for second year funding of the Crime Prevention Program. However, an indication of the City of Baytown's intent to continue the program after federal funds are no longer provided was not included in the resolution, and this is a requirement of the Criminal Justice Council. The Administration recommended the adop- tion of Resolution No. 539 which states the City of Baytown's intent to continue the program. 6162 Minutes of the Regular Meeting - July 8, 1976 Councilwoman Wilbanks moved to adopt Resolution No. 539; Councilman Hutto seconded the motion. Mr. Lanham explained briefly that the purpose of the Crime Prevention Unit is to get support from citizens of the law enforce- ment effort by advising them of what they can do to assist the police department is fighting crime and that most of the materials for the program will be purchased during this funding period which will leave only the cost of a part -time clerk after the funding period for the City to absorb. Mr. Lanham also pointed out that the only way to hold down the cost of law enforcement is for citizens, individually and collectively, to do more them- selves toward crime prevention. This program helps to educate citizens to do this. Councilman Kloesel felt that citizen participation is important, but he felt that a better means of obtaining citizen participation, which would hold down costs, would be to train and expand the police reserves. However, under this particular grant the funds can not be expended in this manner. The vote follows: Ayes: Council members Lander, Wilbanks and Hutto Mayor Gentry Nays: Councilman Kloesel RESOLUTION NO. 539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR FOR A CONTINUATION OF A CRIME PREVENTION GRANT IN THE AMOUNT OF SIXTEEN THOUSAND NINE HUNDRED SEVENTY -FOUR AND NO /100 ($16,974.00) DOLLARS. Texas Employment Commission to Use City Building for Claims Service For several years the City has paid the rent ($250 yearly) for the Texas Employment Commission to use the W.O.W. Hall on East Texas Avenue twice monthly for providing service to people who wish to file unemployment insurance claims. The W.O.W. Hall has been sold and is no longer available for use by the Texas Employment Commission. The Texas Employment Commission has no money to pay rent for this purpose; therefore, the Commission has requested the use of the old water district office on Bayway Drive, which is being used for storage purposes. The materials being stored can be rearranged to provide adequate space for the Commission and the building can be restored with very little expense; therefore, the Administration recommended that Council authorize the use of this building by the Commission; the authorization to be on a month to month basis. Councilman Kloesel moved to accept the recommendation; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Parks and Recreation Board's Annual Report Wayne Gray, Chairman of the Parks and Recreation Advisory Board, was present to answer any questions from Council regarding the 1976 Annual Report. 6163 Minutes of the Regular Meeting - July 8, 1976 Mr. Gray explained the reasoning behind some of the recommen- dations of the Board after inquiries from Council. For instance, with regard to the proposed multi - purpose gymnasium at the Baytown Sports Complex, the Board did explore the possibilities of a joint school -city facility, but at this time the school has no land available and the present school facilities cannot be utilized because of scheduling of school activities. It is virtually im- possible to locate this type facility in high density areas because the land required for such a facility is not usually available in high density areas and when it is, the cost is prohibitive. Especially when the land for parking area must be obtained if the location selected does not have parking area provided. The Board also has considered several proposed bikeways for transportation, as well as recreation purposes. The major problem in this regard being the problem of heavily traveled thoroughfares across the City making it difficult to form bikeways that would connect to take one across the City without danger. At this point, Councilwoman Wilbanks reiterated that Mr. Rountree, his staff, and the Parks Board did a spectacular job of co- ordinating the efforts of various groups and citizens for the Bicentennial Celebration. Committee Reports Mayor's Committee on Transportation - Allen Rice has resigned his position on this committee, and Mayor Gentry requested Council confirmation of the appointment of Luther Haddick on this Committee. Councilman Lander moved to confirm the appointment of Mr. Haddick; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Unfinished Business Councilman Kloesel requested that the Administration check on what was being done to co- ordinate firefighting efforts with regard to the Exxon Building. Also, Councilman Kloesel referred a letter to the Administration and asked that the letter be referred to the Chamber of Commerce with regard to highway priorities. Recess and Reconvene Mayor Gentry recessed the open meeting into an executive session for the discussion of personnel matters. When the open meeting re- convened, Council considered appointments to the Animal Control Study Committee. Councilman Lander moved to appoint Councilman Emmett Hutto, Council Representative; Mr. Dan Savage, Representative of the City Administration; and Mrs. Sarah Cryer, Representative of the Humane Society. Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None 6164 Minutes of the Regular Meeting - July 8, 1976 Council then discussed the possibilities regarding persons to serve on the Committee with Commissioner Fonteno regarding absentee voting. Council determined that Council members Wilbanks and Kloesel would serve on this committee, along with a Senior Citizen, an Election Precinct Judge and a representative from the League of Women Voters. Each Council member would contact a person from each group to inquire if that person would be interested in serving if appointed and co- ordinate through Mr. Lanham's office. Unfinished Business Councilman Kloesel requested that the Administration look into health hazards in the East Baytown area. There being no further business to be transacted, Councilman Hutto moved to adjourn; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Eileen P. Hall, City Clerk