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1978 03 09 CC Minutes80309 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 9, 1978 The City Council of the City of Baytown, Texas, met in regular session, Thursday, March 9, 1978, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: *Jody Lander Councilman *Jack Kimmons Councilman Ted Kloesel Councilman Mary E. Wilbanks Councilwoman Emmett Hutto Councilman *Allen Cannon Councilman Tom Gentry Mayor Fritz Lanham City Manager Scott Bounds City Attorney Dan Savage Assistant City Manager Eileen P. Hall City Clerk Mayor Gentry called the meeting to order and the invocation was offered by Mayor Gentry. Approve Minutes Councilman Kloesel moved to approve the minutes of the regular meeting of February 23, 1978, and ratification of actions taken concerning each of the matters listed on the agenda of said meeting; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Receive Petitions Robert West and Carl Pitts of 401 and 402 Riverbend were present to present a petition to Council expressing the feeling of certain citizens in that area of the extension of Wye Drive to Columbia Street. The proposed street would greatly increase the flow of traffic on Columbia and Riverbend Streets, a resi- dential area, and cause an increased safety hazard to the many small children who reside in Creekwood and Glen Arbor Subdivisions. Therefore, these citizens petitioned the Council to reconsider and relocate this extension of Wye Drive. *Councilmen Lander and Kimmons present. Councilman Kloesel moved to accept the petition presented to Council; Councilwoman Wilbanks. seconded the motion. Mayor Gentry inquired as to the status of the proposed Wye Drive extension. Mr. Lanham explained that the engineers are working on cost estimates and at a future Council meeting, the Administration will come to Council with an initiation ordinance which is the first step in the assessment process. At that time, Council can change the length of the project. Mayor Gentry commented that Council could extend this street into this area which this petition deals with or extend Wye Drive down to the ditch and dead end the street. Mayor Gentry explained the citizens will have an opportunity to be heard prior to any action by the Council. The matter will be placed on the agenda and any interested persons may speak. The vote follows: 80309 -2 Minutes of the Regular Meeting - March 9, 1978 Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Mr. David Gunn appeared before Council to present a petition requesting that City Council appropriate funds -for the operation of a thirteen passenger van to be used primarily by the senior citizens of the Baytown Nutrition Center and other senior citizen groups throughout the community. First Presbyterian Church, with aid from Harris County, sponsors this program in Baytown which provides one free meal per day to senior citizens, but Mr. Gunn pointed out that many senior citizens are unable to participate at this time due to lack of transportation for tha handicapped elderly. This van which First Presbyterian Church has proposed to purchase will be equipped to transport the handicapped elderly, as well as those handicapped persons being transported to the Baytown Opportunity School and the Cerebral Palsy Center. The First Presbyterian Church has committed itself to the purchase of this van conditioned upon authorization by the City Council of the City of Baytown to expend $15,000.00 toward the hire of a driver, gasoline and maintenance of the bus. After Mr. Gunn's presentation, Councilwoman Wilbanks moved to accept the petition and to have this matter placed on the next Council meeting agenda for consideration; Councilman Kimmons seconded the motion. Councilwoman Wilbanks explained that the Citizens Advisory Group for the Aging Committee has appeared before the Executive Committee of the Houston Galveston Area Council for the last two years asking that the Committee consider local participation as a requirement for aging grants, and the reasoning behind this has been that when you look at dollars and cents, it appears that the local areas that are willing to contribute are in turn receiving more state money for their programs. Secondly, the participation between non - profit agencies is very common on these applications for 16B2 funds. Councilwoman Wilbanks commented that there are letters from Cerebral Palsy and the Baytown Opportunity Centers to accompany this grant application. Councilman Kloesel inquired if action could be taken on this item at the present meeting. Scott Bounds, City Attorney, explained that since this item was not listed separately on the agenda, it would be best not to take formal action until the next Council meeting. In response to a question from Council, Mr. Lanham explained that sufficient funds are available in the contingency account to cover this expenditure. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Hold Hearing on the Proposed Annexation of Whispering Pines, Sec- tion 4 (7:00 .m.) Mayor Gentry declared the hearing on the proposed annexation of Whispering Pines, Section 4 open at 7:00 p.m. Mr. Lanham explained that the Administration had received a letter from Mr. John McLaggan, developer of Whispering Pines, Section 4 requesting that this area by annexed. The area contains approximately 20 acres of land and involves 93 lots. It is located just north of the existing Whispering Pines, Section 2. 80309 -3 Minutes of the Regular Meeting - March 9, 1978 Mr. Lanham explained that in connection with the Whispering Pines area, in February, Council was given a copy of a letter from Dr. Keith Coburn, who is President of the Whispering Pines Homeowners Association, regarding some problems that the City is experiencing in Whispering Pines, Sections 1 and 2 regarding the operation of the sanitary sewer system. Mr. Lanham explained that the Administration proposes to rebuild and enlarge the lift station that was constructed in this area. At the present time, there are two 175 GPM pumps powered by two 5- horsepower single phase motors. The City proposes to replace those with two 300 GPM pumps powered by 10 horsepowered three phased motors. The Administration also proposed that some of the piping be replaced, install new switches and controls, remove pump house and build new building and fence. No one in the audience wished to speak at the public hearing, and Council had no questions or comments; therefore, the public hearing was declared closed by Mayor Gentry. Citv Manager's Report Jenkins - Holloway Park - Bobby Rountree, Director of Parks and Recreation has been notified by the Texas Parks and Wildlife Department that the Jenkins - Holloway Park has been selected by the Regional Director of the Bureau of Outdoor Recreation as the Out- standing Land and Water Conservation Fund Project for 1978 in Texas. The City is receiving this award because of the parks' uniqueness and variety, that is a combination of athletic facilities, picnic areas, play areas and scenic walkways. Allenbrook Subdivision - Council has received a letter from Dr. Kenneth P. Carlson, on behalf of citizens that live in the Allenbrook area regarding some of the traffic problems in that area. The Administration suggested that this item be referred to the Coun- cil's Traffic Committee. Council had no objections. Sliplining - The contractor has installed 700 feet of pipe in the Graywood area between Maplewood and Brentwood on Memorial Drive east to Felton. Bayway Water Line - This project has been completed and is in service. Minor clean up work remains to be done. Market Street Bridge - The contractor is finishing the bridge this weekend. The approach slabs will be poured Monday, and the road and bridge can be opened on Friday, March 17, 1978, unless the weather slows the contractor down. Sports Complex - The contractor has made good progress toward completion of the parking lot which is important because on April 3 the softball season begins. Country Club Water Line Replacement - The contractor will start on this project Monday. The project will begin at Fairway and Decker Drive and work toward Goose Creek Drive. Question or Comments Regarding City Manager's Report Councilwoman Wilbanks asked that the Police Department give some special attention to the Kingsbend area where there are a number of dump trucks traveling through this area and speeding. Councilman Kloesel asked if he could receive a briefing on the water billing. Dan Savage, Assistant City Manager, explained that the City is two months behind on the billing. Bills are being mailed for the end of December, 1977, and the beginning of January. 80309 -4 Minutes of the Regular Meeting - March 9, 1978 Councilwoman Wilbanks inquired if the City is behind because of meter readers or because of office help. Mr. Savage explained that the City initially got behind because of the turnover among meter readers which lead to problems in the office. Mr. Lanham explained that the City is able to read meters at the present time, but would like to catch up gradually so that the citizens would not be receiving excessive bills. Mayor Gentry inquired as to when the Administration antici- pated being able to catch up completely. Mr. Lanham explained that the goal is to be no more than 25 days behind at the end of this fiscal year. Mr. Michael McClurg Appeared Mr. Michael McClurg appeared before Council to request that a "speed zone ahead" sign be placed on Garth Road prior to the speed limit sign near the Tanglewood Apartments. Mr. McClurg also mentioned that it was very difficult for a motorist to see this sign because of the Tanglewood Apartment's sign. Mr. McClurg suggested that perhaps the speed limit should be increased to 40 m.p.h. at that particular location on Garth because of the slope condition there. Council had no objection to referring the matter to the Traffic Committee. Councilman Hutto said that he felt the speed limit should be increased on Garth Road to 40 m.p.h., and that the hospital area could be zoned. Mayor Gentry said that the speed limit sign could be relocated so that motorists could see the sign regardless of the action concerning the speed limit. Mr. McClurg was informed that the Council's Traffic Committee would meet on the second Wednesday in April at 4:45 p.m. Mr. Arthur Morgan Did Not Appear Hear Report of Cemetery Committee Mr. W. O. Tidmon, Chairman of the Cemetery Committee, reported that the committee had concluded its investigation and that the Committee recommends that the original plot of the cemetery be made available to the relatives of those interred there and that there be access to the cemetery. *Councilman Cannon present. After Mr. Tidmon reported what the Committee was recommending, Mr. Tyson Barefield presented legal documents, photos, letters and other data gathered by the Committee regarding Magnolia Cemetery. After which, Councilwoman Wilbanks moved to put this matter on the agenda for the next Council meeting; Councilman Hutto seconded the motion. Councilman Kloesel asked that after the City Attorney examined the documents presented by the Committee and if legally possible, that a resolution be drafted for Council consideration wherein Council would authorize the City to take possession and control of Magnolia Cemetery. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 80309 -5 Minutes of the Regular Meeting - March 9, 1978 Resolution No. 611, Changing the Name of Atcid Lane to Courtyard Boulevard This name change has been requested by National Condo - Versions, Inc., the owner of the property abutting Atcid Lane which was developed as townhouses several years ago. The National Condo - Versions, Inc. acquired the property which is being sold as condominiums. Mr. Lanham explained that there has been suggestions from time to time through the years to change this street name. Mr. Lanham suggested that Council delay action on this item for a couple of weeks so that the Administration would have time to receive feedback from citizens who purchased condominiums in "11 that area regarding this name change. The item will be placed on the next agenda. Council had no objections. Ordinance - Altering the Fire Zone on North Main Council has received a copy of a letter from Dennis Trigg, President of Hometown Oil Company, indicating that he would like to construct a metal office building at the back of his property located at 2700 North Main. The building would be located in the fire zone. In order for Mr. Trigg to place this building, it would be necessary to delete approximately 30 feet of this lot from the fire zone. This request is consistent with action taken by Council in the past on exceptions along Highway 146. Councilman Kloesel inquired if the walls of the building will have any fire rating? In response, John Brandon, representative of Morgan Buildings, explained that the standard construction is Class "C" fire rating, 200 or better. The fire chief and building inspector have reviewed these plans and the Administration recommended approval of the ordinance. Councilman Kimmons moved for adoption of the ordinance; Council- man Hutto seconded the motion. Councilman Lander commented that he had a problem with modifying fire zones because when a fire zone is established, it is established for a purpose, and he felt that any modification should be to the whole fire zone. Councilwoman Wilbanks concurred. The vote follows: Ayes: Council members Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: Council members Lander and Wilbanks ORDINANCE NO. 2425 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS ", SECTION 7 -2, PROPERTY DELETED FROM FIRE ZONES, BY THE ADDITION OF A NEW SUB - SECTION (h), REPEALING ORDINANCES INCONSISTENT HEREWITH AND PRO- VIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Amending the Utility Rates for Water and Sewer Service Outside the City The proposed ordinance amends the utility rates for water and sewer service outside the City limits. This proposed change will add a $100.00 capital charge to tie into the City's sewage treatment system. The tapping fees will remain the same as within the City limits. The rates for service will be two times the minimum for water and sewer service and one and half times normal rates for all 80309 -6 Minutes of the Regular Meeting - March 9, 1978 service in excess of the minimum. These proposed changes are in line with contract with the Coady Water District which the Council approved at its last regular meeting. These charges are consistent with what Perry Walker was told when negotiating the contract with the City for water and sewer services in the Timber Ridge Sub- division. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Council- man Kloesel seconded the motion. Councilman Cannon inquired if the $100.00 capital charge is retroactive. Scott Bounds, City Attorney, explained that neither the $100.00 capital charge or the rates will be retroactive, but the rates will effect all future billings so that those persons now receiving service will be paying the new rates. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 31, "UTILITIES," AMENDING ARTICLES IV AND V, WATER AND SEWER SERVICE, BY INCREASING WATER AND SEWER RATES FOR PERSONS OUTSIDE THE CITY LIMITS AND BY PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; REPEALING ORDINANCE INCONSISTENT HEREWITH TO THE EXTENT OF SUCH INCONSISTENCY; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Including the Newly Annexed Trailwood Subdivision in the Proper Council District The Council completed action on the annexation of the Trail - wood Subdivision at it's February 23, 1978, Council meeting. This proposed ordinance included the Trailwood Subdivision in Council District No. 4. Trailwood is adjacent to Council District No. 4 and is not contiguous with any other Council district. The Admin- istration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ' BAYTOWN, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 10, "ELECTIONS," BY THE ADDITION OF A NEW COUNCIL DISTRICT NO. 4 IN ORDER THAT THE NEWLY ANNEXED TERRITORY OF TRAILWOOD SUBDIVISION MAY BE INCLUDED IN THE PROPER COUNCIL DISTRICT; REPEALING ORDINANCES INCONSISTENT HERE- WITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 80309 -7 Minutes of the Regular Meeting - March 9, 1978 Ordinance - Authorizing Issuance of Change Order No. 2 to Sliplining Contract 77 -2 The proposed change order would authorize the installation of 1,370 feet of sliplining in the 6 -inch sewer line on Schilling between North Main Street and Cornell Street. Since the contract was awarded, the City has had several cave -ins in this area. When the City was repairing the line, it was found that the concrete pipe was very thin. This would be added to the existing contract at the unit prices that are in the contract. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Council- man Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY, INC. FOR THE SLIP - LINING OF SANITARY SEWER LINES ON CERTAIN DESIGNATED STREETS IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mayor Gentry called a five minute recess. *Councilman Kloesel absent. Consider Selecting a Consulting Engineer Firm to Make a Feasibility Study of Constructing a Pedestrian Walkway Across Goose Creek Stream at the sliest Main Bridge Through the years, the Administration has received many requests concerning a pedestrian walkway across Goose Creek Stream at the West Main Bridge, but a study never has been made whether or not this is feasible from an engineering standpoint. Mr. Lanham explained that he has asked Busch, Hutchison and Associates to give him a proposal for making such a study. Busch, Hutchison have indicated that they will make the necessary field investigations and surveys to enable them to determine the feasibility of such a structure and if feasible, prepare a preliminary engineering design for a walkway approximately 5 feet for the length of the bridge. The engineers will prepare a cost estimate for the construction and will check with the Corps of Engineers and other federal agencies concerned with the environment to find whether or not there would be any objections to this. Also, Harris County will be contacted in this regard. Busch, Hutchison and Associates indicated that they would do this for a fee of $500.00. The Administration recommended that Council authorize Busch, Hutchison and Associates to make this feasibility study. Councilman Kimmons moved to authorize Busch, Hutchison and Associates to make a feasibility study of constructing a pedestrian walkway across Goose Creek Stream at the West Main Bridge; Council- man Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 80309 -8 Minutes of the Regular Meeting - March 9, 1978 Consider Insurance Advisory Committee Proposal for Insurance of Elevated Water Tanks This was considered at a prior Council meeting and at that time, Council had some Questions about what the experiences have been in other cities along the Gulf Coast. Council has received a copy of a letter from Mr. Bill Brown, representing the Insurance Advisory Committee. In his letter of February 27, 1978, he attached a table that he had received from the State Board of Insurance which indicates that in the Gulf Coast area, the records indicate that during the 10 year period from 1968 thru 1977, there was a 54% pure loss ratio. Council also asked about the design of the City of Baytown!s elevated storage tanks. The Administration has determined that the tanks for the most part have been designed to withstand wind of 100 miles per hour. The Committee has considered several alternatives, but is recommending that the City consider the pur- chase of a policy with a $10,000.00 per occurrence deductible at annual premium cost of $10,863.00. The Administration recommended approval of the Insurance Committee's recommendation to purchase insurance to cover the replacement of elevated water tanks in case of damage. Councilman Kimmons moved to accept the recommendation of the Administration; Councilman Lander seconded the motion. Councilman Hutto commented that it appears that what Council is looking at is the effects of tornadoes and hurricanes. He felt that the City needs some kind of coverage for these tanks, but felt that the $10,000.00 that would be spent on premiums could be spent in other areas. He also commented that in some areas, the City will have to take a risk because the risk would be only for a few months out of the year. The vote follows: Ayes: Council members Lander, Kimmons and Cannon Mayor Gentry Nays: Council members Wilbanks and Hutto *Councilman Kloesel back. Consider Settlement Regarding Contract for Demolition Services At it's December 5, 1977 meeting, the Urban Rehabilitation Standards Board awarded two contracts to Billy D. Martin for the demolition of buildings at 202 and 204 East Lobit Street for the amount of $2,940.00. After Mr. Martin was awarded the contract, he moved his equipment to the property at 202 East Lobit and worked there for 42 days before the owner forced him to leave the property. At that point, the owner completed the demolition process and removed the buildings on both lots. Although, Mr. Martin was unable to fulfill his contract commitments, he did incur considereable expense in moving his equipment on and off of the property and in completing approximately 4' days work. In addition to this, he lost the salvage value of work that he had already performed, plus a portion of the profit that he would have received had the work been completed. Because Mr. Martin made a good faith effort to fulfill his commitment, the Administration recommended that the City pay Mr. Martin $1,450.00 for the work that he completed on these demolition contracts. 80309 -9 Minutes of the Regular Meeting - March 9, 1978 Councilman Kloesel moved to accept the recommendation of the Administration; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Consider Approval of the City Manager's Appointment to the Civil Service Commission This item will be discussed during the executive session. Committee Reports None. Unfinished Business None. Recess Into Executive Session to Discuss Personnel and Legal Matters When the open meeting reconvened, the following business was transacted: Consider Approval of the City Manager's Appointment to the Civil Service Commission Mr. Lanham recommended that Mr. Wallace Heaner be reappointed to the Civil Service Commission and requested approval of this appointment by Council. Councilman Kloesel moved that Mr. Wallace Heaner be reappointed to the Civil Service Commission; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Adjourn With no further business to be transacted, Councilman Kimmons moved to adjourn; Councilman Lander seconded the motion. The vote for adjournment was unanimous. `I ° a i) Karen Petru, Deputy City Clerk APPROVED: L-i"d 10, yz!�� �-- Eileen P. Hall, City Clerk