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1981 05 28 CC Minutes10528 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 28, 1981 The City Council of the City of Baytown, Texas met in regular session on Thursday, May 28, 1981, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the fol- lowing attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Mary E. Wilbanks Roy L. Fuller Allen Cannon *Emmett 0. Hutto Fritz Lanham Dan Savage Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present and the invocation was offered by Councilman Johnson. Minutes Councilman Johnson moved for approval of the minutes for the meeting held May 14, 1981; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Receive Petitions None. Bob Wilson, General Telephone Company Representative Appeared Mr. Bob Wilson representative of General Telephone Company of the Southwest explained to Council that within the last 8 -10 months, General Telephone has performed a tremendous amount of service improvement work in Baytown. The company is requesting the city's help on a problem that affects the telephone company's customers in Baytown a great deal -- cable cuts. Various contractors working in the Baytown area are responsible for numerous cable cuts. In the last ten months, the telephone company has had approxi- mately 5500 customers affected by cable cuts. The Administration was furnished with a copy of an ordinance which General Telephone Company has proposed and would like to see the City of Baytown adopt. This ordinance will authorize a fine for the cutting of telephone cables. The company feels this will help the company to provide better service to the customers of Baytown. Mr. Wilson explained that the Central office of General Telephone will be completed by March, 1982, and by December 31, 1981, all the rehab work on telephone facilities for the Baytown Division will have been completed which will provide Baytown with much better service. 10528 -2 Minutes of the Regular Meeting - May 28, 1981 Another item Mr. Wilson mentioned was a proposed franchise agreement which he left for Council consideration. He requested that the ordinance be considered and if adopted, forwarded to him for execution by the proper officials of General Telephone. In response to an inquiry from Council, Mr. Wilson stated that he was unaware if the proposed ordinance regarding cable cuts had been adopted in other cities, but he would furnish Council with that information. Councilman Johnson stated that he did hope that the recommended fine would be high enough to discourage cutting of cables. Mr. Wilson stated that the proposed fine is $5,000. The company can only charge the actual cost to restore service, but customers are inconvenienced by the loss of service. For example, the recent cut on Baker Road resulted in approximately 1200 customers being without service for 3 days. Mr. Wilson stated, in response to a comment by Council, that the ordinance is drafted to provide penalty for any utility or pipeline excavation that results in the cutting of cables or lines of another entity. Consider Proposed Ordinance, Authorizing the Execution of Industrial District Contract with Exxon Company, U.S.A. The draft of this contract was discussed with Council at the last regular meeting. The contract-was formalized in accordance with Council's discussion at the last meeting and Exxon has reviewed and approved the contract. Councilman Cannon stated that although he disagreed with the Industrial District Policy that Council adopted, the contract is in agreement with that policy; therefore, he moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3162 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EXXON CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing Lease Agreement with Rooster's, Inc. Adoption of the ordinance would continue the lease agreement currently in effect with Rooster's, Inc. for parking area. Rental will remain $100.00 per month. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon 10528 -3 Minutes of the Regular Meeting - May 28, 1981 ORDINANCE NO. 3163 AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A TWO YEAR LEASE AGREEMENT FOR CERTAIN PROPERTY AT NORTH MAIN AND DEFEE STREETS ON A MONTH -TO -MONTH BASIS FOR A MONTLY RENTAL OF ONE HUNDRED AND N01100 ($100.00) DOLLARS. Consider Proposed Ordinance, Appointing Board of Equalization and Setting First Meeting of Said Board The proposed ordinance provides that the Board of Equalization as appointed by City Council will meet June 1, 1981 at 4:00 p.m. in the Conference Room of the Baytown City Hall. The Administration recommended approval of the ordinance. Councilman Johnson moved to adopt the proposed ordinance, inserting the names Joe Muller, 011ie Clevenger and Tommy Clayton to serve as the Board of Equalization for 1981; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3164 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR THE YEAR 1981, FIXING THE TIME OF THE FIRST MEETING OF SAID BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND FULFILL THE DUTIES CONFERRED UPON IT BY THE CHARTER OF THE CITY OF BAYTOWN. Consider Proposed Ordinance, Authorizing Final Payment for 1981 Sanitary Sliplining - Phase I This work has been completed and inspected. The total cost for the project is $17,706; final payment is $2,020.60. The original work involved sliplining between Utah and Maryland. Council later approved the addition of Edgewood on an emergency basis. There was an overrun on the contract of $318.50. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordi- nance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3165 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO SHUR FLO, INC. FOR THE 1981 SANITARY SLIPLINING - PHASE I PROJECT, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 10528 -4 Minutes of the Regular Meeting - May 28, 1981 Consider Proposed Ordinance, Approving Contract with Harris County Appraisal District for Account Number*Verification Harris County Appraisal District has requested that the City of Baytown perform the task of account number verifica- tion. The Administration feels this to be an appropriate request. The district has agreed to pay $ .25 per item or $4,250. The Administration recommended approval of the contract. Councilman Cannon moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Abstained: Councilman Simmons ORDINANCE NO. 3166 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE HARRIS COUNTY APPRAISAL DISTRICT, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Approving Transfer of Ownership of Pipeline Gulf Refining Company has pipeline easement under Barrymore Street which runs from a well on Barrymore Street to a collection system east of Barrymore. This easement provides that if ownership of the pipeline is to be changed, City Council approval must be obtained. Gulf would like to sell the pipeline to Mr. M. K. McDaniel who has been in business in Baytown for approximately 20 years and owns the house located on the lot where the well is located. Mr. McDaniel has liability insurance to cover claims from damages that may result from the pipeline being in this location. This is consistent with past policy. The Aministration recommended approval of the ordinance, authorizing transfer of ownership. With regard to a question involving level of liability, Randy Strong, City Attorney, explained that Mr. McDaniel's liability coverage is $300,000 for bodily injury and $100,000 for property damage which is fairly standard. Councilman Johnson moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3167 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH M. K. MCDANIEL; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 10528 -5 Minutes of the Regular Meeting - May 28, 1981 Consider Proposed Ordinance, Accepting the Dedication of Carver Street from Goose Creek Independent School District Carver Street is the street that runs in front of Carver -Jones Elementary School. The city has maintained the street for many years and in fact, the city surfaced the street several years ago. The Community Development Board has recommended that that street be rebuilt using concrete and that it be included in next year's Community Development Program. In doing some research, the Administration discov- ered that the street had never been dedicated to the city. Since it is questionable whether HUD would authorize the expenditure of funds to improve school district property, the Administration inquired if the school district would be interested in dedicating the street to the city. The trustees of the school district have approved the dedication. City policy is that in order for right -of -way dedications to be official, Council must accept same. The Administration recommended approval of the ordinance accepting dedication of Carver Street. The street is a public street and is needed for access to the school, as well as the subdivision. Councilman Cannon moved to adopt the ordinance; Council- man Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3168 AN ORDINANCE ACCEPTING THE DEDICATION OF A STREET EASEMENT FROM GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; DIRECTING THE CITY CLERK TO FILE SAID DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Review Plans and Specifications for Raccoon Drive Water and Sewer Line Extensions Norman Dykes, Director of Public Works /City Engineer, reviewed the plans for the extension of Raccoon Drive water and sewer lines. David Corbin, representative of Busch, Hutchison & Associates, was present since he has been involved with the developer who had initially planned lines on Raccoon. The developer is proposing to lay a 10 -inch sanitary sewer line along Raccoon Drive at a depth of about 10 feet. The Administration and Langford Engineering, Consulting Engineers for the city, are recommending that for the city's ultimate growth in the area, the city should be laying a 15 -inch line for sanitary sewer. Therefore, Busch, Hutchison has prepared plans for the 15 -inch, as well as the 10 -inch line. With Council approval, bids will be taken for both lines, with the 15 -inch being at a greater depth. On the water line, the developer planned for an 8 -inch line, while the city's ultimate plan is for a 12 -inch line to loop the system back up north to a 12 -inch line that is connected to a BAWA line. The Administration is recommending that bids be received on both sized lines to determine if a larger line would be feasible. The estimated cost to the city for oversizing is just over $37,000. 10528 -6 Minutes of the Regular Meeting - May 28, 1981 In response to an inquiry from Council, Mr. Dykes stated that the East District project which is currently underway will eliminate the main lift station in Whispering Pines and one in Kingsbend and Chaparral Village. A line to eliminate the Trailwood lift station is included in the proposed bond program. This will still leave two lift stations in Whispering Pines and one north of Whispering Pines in the Timber Ridge addition which will pump into this line and when this line is ultimately extended to the north, it will probably eliminate the need for that lift station. The engineering department arrived at the estimated cost to the city by contacting both Busch, Hutchison and Langford Engineering. The cost estimate is based on differ- ences in labor and materials for the two different sizes of pipes and also, the depths involved as compared to bids received in recent months. The Administration recommended approval of the plans and requested authorization to advertise for bids. Mr. Lanham informed Council that approximately $52,000 remains in Revenue Sharing Funds which Council could designate for this purpose. Councilman Simmons moved to approve the plans and specifications and authorize the Administration to advertise for bids; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Review Plans and Specifications for Garth Road Water and Sewer Line Extensions Mr. Dykes reviewed the plans and specifications for the proposed extension of water and sewer lines on Garth Road. The developers on Garth Road in the vicinity of the mall and on the east side of Garth Road who need water and sewer service in order to serve their development are proposing an 8 -inch water line and a 10 -inch sanitary sewer line. However, the Administration feels that for future development it would be advantageous for the city to participate and acquire larger lines. Rather than the 8 -inch water line, the Administration would like to recommend a 16 -inch line. There is a 16 -inch line on Garth going north to the mall. For the sanitary sewer, the Administration is recommending a 12 -inch line rather than the 10 -inch. The difference in cost on both for oversizing is estimated to be slightly in excess of $51,000. The Administration recommends participation in oversizing to accomodate future growth to that area. Mr. Lanham pointed out that the city will recover some of the cost as others tie on. The Administration recommended approval of the plans and specifications and requested authorization to advertise for bids. Councilman Cannon moved to approve the plans and specifications and authorize the advertisement for bids. The vote follows: Ayes: Council members Wilbanks, Fuller Mayor Hutto Nays: None Philips, Johnson, Simmons, and Cannon 10528 -7 Minutes of the Regular Meeting - May 28, 1981 Hold Public Hearing on Proposed Annexation of Tierra Del Oro, Section Nos. 2 and 3 (7:00 p.m.) There were no persons indicating a desire to testify. Therefore, Mayor Hutto requested that the City Manager review the proposed annexation for Council. The area being proposed for annexation is a 38.2 acre tract of land north of Whispering Pines and east of Raccoon Drive. The develop- ment of this area, plus the extension of water lines along Raccoon will eliminate the agreement between the developer and the city because a looped system will be provided. Ed Hullum, a citizen who resides on Winter Lane in Whispering Pines, inquired if Harris County Flood Control had approved plans for Tierra Del Oro, Section Nos. 2 and 3? Mr. Dykes verified that Harris County Flood Control had approved the plans for Tierra Del Oro, Section Nos. 2 and 3. Also, the City of Baytown has verified that those plans meet with City of Baytown standards for drainage. There being no other persons present desiring to testify, Mayor Hutto declared the public hearing on the proposed annexation of Tierra Del Oro, Section Nos. 2 and 3 to be closed. Review Plans and Specifications for Glen Meadow Outfall Ditch Mr. Dykes explained that what the proposal will do is eliminate some of the flooding problems in the Glen Meadow area. The Administration is proposing to connect the exist- ing system by means of pipe and an open ditch channel north to an existing Flood Control ditch. In order to construct the open channel, easements must be acquired and another easement will be needed to bring a pipe from the street back to the channel. At present the flow from that subdivision all runs to Bob Smith and then to a fairly overloaded system. One of the issues raised by a citizen during the meetings to discuss bond proposals concerned drainage for Fair Park which drains to Bob Smith also. This improvement will help all the subdivisions which connect to Bob Smith. The Administration requested authorization to proceed with appraisals for the acquisition of right -of -way and easements necessary for the project. This particular project was included in the drainage program submitted to Council several months ago. City forces will perform the necessary work. Councilman Cannon moved to authorize the Administration to acquire appraisals for the purchase of rights -of -way and easements necessary to effect drainage improvements to the Glen Meadow outfall ditch. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None 10528 -8 Minutes of the Regular Meeting - May 28, 1981 Consider Appointments to Plumbing Appeals and Advisory Board Mayor Hutto requested Council confirmation of the appointment of Lee Horacefield to the building contractor position, and reappointment of Eddie Albright to the license journeyman position on the Plumbing Appeals and Advisory Board. Councilman Philips moved to confirm the Mayor's appoint- ments to the Plumbing Appeals and Advisory Board; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None Consider Appointment to Clean City Commission No action taken. Consider Proposed Ordinance, Authorizing Emergency Repair to Air Conditioning System at Sterling Municipal Library Lightning struck the air conditioning system at Sterling Municipal Library on May 16, completely destroying the starters, timer, and relays, which resulted in the loss of the lead 30- horsepower compressor. The air conditioning unit at the library contains two compressors that are located on the roof. This lighting damage also caused the Freon to become polluted which means all the Freon lines need to be drained and cleaned out to avoid damage to the remaining compressor and coils. On an emergency basis, the Administration has obtained a proposal from an air conditioning company that has been working for the city in the maintenance of the air conditioning systems -- National Pneumatic Supply, Inc. Their work is excellent and the cost quoted is $7,000; however, this is not the type job that one could obtain firm estimates on. Jack Cramer, Chief Building Inspector, has examined the damage at the library and he feels that the $7,000 quoted is a fair price. Since this money is not available in the library budget, the Administration would need to request a transfer of funds. If Council should approve this emergency repair, the contractor will work over the weekend to effect necessary repairs. The Administration recommended approval of the ordinance on an emergency basis. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Cannon Mayor Hutto Nays: None ORDINANCE NO. 3169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DECLARING AN EMERGENCY SITUATION EXISTS; AUTHORIZING NATIONAL PNEUMATIC SUPPLY, INC. TO MAKE REPAIRS TO THE AIR CONDITIONING SYSTEM AT STERLING MUNICIPAL LIBRARY; APPROVING PAYMENT OF THE SUM OF $7000.00. FOR SAID REPAIRS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. iW 10528 -9 Minutes of the Regular Meeting - May 28, 1981 Hold Public Hearing on Proposed Annexation of Raven Way Subdivison and Adjacent Land ( 7:15 p.m.) No one indicated a desire to testify at the public hearing; therefore, Mayor Hutto requested that the City Manager review the proposed annexation for Council. Raven Way Subdivision is located north of Massey Tompkins Road, west of McKinney Road and just east of the railroad. The Administration is recommending that the triangular parcel located west of the railroad and south of Chaparral Village also be annexed to square the city limits in that area. If that parcel is not annexed, this will leave an island of unannexed area surrounded by the city. The subdivider of Raven Way has requested annexation and Council has authority to annex the triangular parcel as well. Council inquired if all drainage requirements had been adhered to? The City Engineer stated that he had not approved any drainage plans as yet, but those plans would have to be presented in accordance with City of Baytown regulations. There being no further comments or questions, Mayor Hutto declared the public hearing on the proposed annexation of Raven Way Subdivision and adjacent land to be closed. Consider Proposed Ordinance, Authorizing City Attorney to Make an Offer for Right of Way Acquisition for Baker Road /Bayway Drive Drainage Ditch The Administration was not prepared to discuss this item. Recess Mayor Hutto recessed the open meeting into executive session to discuss pending litigation and land acquisition. *Mayor Hutto absent. Mayor Pro Tem Cannon reconvened the open meeting and announced that no business had been transacted in executive session. City Manager's Report Council's attention was called to a letter addressed to Mayor Hutto from Congressman Jack Fields regarding changes in the Baytown postal service. Mr. Lanham requested Council to review the letter and let the Administration know of any comments or questions in this regard. A copy of the six -month audit was placed at the Council table for Council review. An item will be placed on the next agenda and the auditor will be present to present the report. Council was furnished with a copy of the Houston Light and Power Company's rate changes for the month of June. For June, there is a $ .32 increase over the month of May for the user of 1500 KWH. Total cost for 1500 KWH is $103.22. 10528 -10 Minutes of the Regular Meeting - May 28, 1981 West District Wastewater Treatment Plant - All necessary approval to continue with the West District Wastewater Treatment Plant have been received. On June 8, the contractor was given a work order to begin work. The contractor has 540 calendar days after that date to complete the job. There will be three contracts. The first contract covers the treatment plant and the lift station. There will be another contract for the force main and a third contract for rehabilitation of the collection system. Funds have been committed for the treatment plant; therefore, there should be no problem with this project. Copies of the Infiltration Inflow Analysis of the East and Central Districts were furnished to Council. Council expressed no objection to a work session prior to the next regular meeting in order that Langford Engineering may review the studies with Council. Community Development - Cherry Street has been poured, along with 34 driveways. All of Pine Street has been poured, including some curbing, and cleanup is needed to complete the job. 1981 Street Improvement Program - The only changes from the last report are that excavation has begun on Meador, Church and Fayle Streets. The contractor accomplished all the overlay work first. Several streets have been excavated and are ready to be poured. Sliplining Phase II - The line has been pulled from Kentucky to Maryland between Florida and Alabama. Fifteen service connections have been made. Drainage by City Crews - The Massey Tompkins job is approximately 80% complete; Rosilee Street is 75 %; Beaumont /Donovan is 80%; Craigmont is complete; and Cedar Bayou at Elvinta is complete. Harris County Flood Control has installed pipe in the large drainage ditch near Lee College. Legislative luncheon - The La Porte - Bayshore Chamber of Commerce is sponsoring the annual legislative luncheon and Council has been extended an invitation to attend. Mr. Lanham reminded Council that this would be a good opportunity to meet with Ed Watson, State Representative, for persons residing in Precinct 149 and 248, and a portion of 101, which consists of old Baytown, Oak Addition and a portion of Pelly. Capital Improvements Study Committee - A brochure concerning the upcoming bond election which the Capital Improvements Study Committee had published was placed at the Council table. Questions and /or Comments Concerning the City Manager's Report Councilman Johnson requested that the Administration check into a problem at 303 Gresham concerning access to a private driveway due to the street sinking. Also, he requested that the Administration correct the area on Ivie Lee and Clayton where the city excavated a 25 foot strip which has never been successfully filled. 10528 -11 Minutes of the Regular Meeting - May 28, 1981 Councilwoman Wilbanks stated that she had received a call from Mr. Parker who is very interested in getting stop signs installed on Birdsong Street. Approximately two years ago, Archie Sylvia brought this same matter to Council. The residents of the area are very concerned that this street is used for a thoroughfare. Mrs. Wilbanks stated that in this regard Council may be receiving a petition. Councilman Cannon stated that he had received a call concerning the speed limit on Highway 146 from Ludtke's to Bob Smith. Council may be receiving a petition to lower that speed limit. Councilman Johnson stated that since the stop signs have been removed on Garth and Lynchburg Cedar Bayou, traffic is stalled at that location, especially at shift change. Mr. Lanham stated that he too had received calls in this regard and the Director of Traffic and Planning has been requested to take a traffic count at that location. However, the pattern will be different because school is out for the summer. Councilman Cannon inquired what could be done at the intersection of Texas Avenue and Spur 201? He mentioned the serious accident that occurred at that intersection and inquired if perhaps warning signs on Spur 201 would help or the stop signs could indicate two -way stop. There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk