1989 05 11 CC MinutesN
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 11, 1989
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, May 11, 1989, at 6:30 p.m. in the
Council Chamber of the Baytown City Hall with the following
attendance:
Fred T. Philips
Jimmy Johnson
Perry Simmons
Pete C. Alfaro
Roy Fuller
Rolland J. Pruett
Emmett O. Hutto
Bobby Rountree
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
Acting City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present.
Councilman Fuller offered the invocation, after which the follow-
ing business was conducted:
Consider Minutes for the Regular Meeting Held On April 27, 1989
Councilman Philips noted that under the item establishing
the maximum speed limit on Robert Lanier Drive that he had voted
"nay ". He moved for approval of the minutes with that
correction. Councilman Johnson seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons
Alfaro, Fuller and Pruett
Mayor Hutto
Nays: None
For correction, see Attachment "A."
bd
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Minutes of the Regular Meeting - May 11. 1989
Consider Minutes for Emergency Meeting Held on April 28, 1989
Councilman Alfaro moved for approval of the minutes for the
Emergency Meeting held on April 28, 1989. Councilman Pruett
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons
Alfaro, Fuller and Pruett
Mayor Hutto
Nays: None
Consider Minutes for Emergency Meeting Held on May 1, 1989
Councilman Pruett moved for approval of the minutes for the
Emergency Meeting held on May 1, 1989. Councilman Alfaro
seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Alfaro
Fuller and Pruett
Mayor Hutto
Nays: None
Abstained: Councilman Johnson
Citizen's Communications
a. Givanrang Gosine will appear to request waiver of Flood
Plain Regulations, Section 12 1/2 - 30(d).
Mr. Gosine had submitted a written request for a waiver
of the flood plain regulations, Section 12 1/2 - 30(d).
This item will be placed on the next regular council
agenda for action.
F&
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Minutes of the Regular Meeting - May 11, 1989
Consider Proposed Ordinance, Authorizing Change Order No. 1 to
1989 Street Improvement Program
The current 1989 Street Improvement Program includes over-
laying of Airhart Drive from Decker Drive to Texas Avenue. The
proposed change order will authorize overlaying the remainder of
Airhart from Texas Avenue to J.H. LeFevere. Exxon has agreed to
pay for the portion of the project from Texas Avenue to J.H.
LeFevere Street. The estimated cost of this portion of the
project is $54,734.28. The administration recommended approval
of the ordinance.
Councilman Philips moved for adoption of the ordinance.
Councilman Alfaro seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Alfaro, Fuller and Pruett
Mayor Hutto
Nays: None
In response to an inquiry from council, Mr. Rountree stated
that the administration is looking at the possible use of
Community Development funds to overlay the portion of Airhart
from the railroad tracks down to Market. Community Development
funds for 1989 have been allocated; therefore, it would be next
year before that project could be considered.
Ordinance No. 5265
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH
ANGEL BROTHERS ENTERPRISES, INC. FOR THE 1989 STREET IMPROVEMENT
PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance, Discontinuing and Abandoning For
Public Use a Portion of Casey Street
In 1987, council abandoned a portion of Casey, Cherry and
Holly Streets. These streets are located in a small subdivision
behind Greenfield Apartments. At that time an appraisal was
performed which indicated the fair market value to abandon
portions of those streets is 25 cents per square foot. Another
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Minutes of the Regular Meeting - May 11, 1989
request has been made to abandon another portion of Casey Street.
The administration recommended discontinuation and abandonment
for public use the portion of Casey Street immediately behind
Chatham Interiors and Baytown Communications for the appraised
value of 25 cents per square foot for a total of $3,750.
Councilman Simmons moved for adoption of the ordinance.
Councilman Pruett seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Alfaro, Fuller and Pruett
Mayor Hutto
Nays: None
Ordinance No. 5266
AN ORDINANCE DISCONTINUING, ABANDONING FOR PUBLIC USE, AND
CLOSING A PORTION OF CASEY ROAD, ADJACENT TO BLOCK 3 IN CASEY
ADDITION SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 532, PAGE 27, OF THE DEED RECORDS OF HARRIS
COUNTY, TEXAS; ABANDONING AND QUITCLAIMING ALL INTEREST OF THE
CITY OF BAYTOWN AND THE PUBLIC IN AND TO SAID PORTION OF SAID
STREET; AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST AND DELIVER A CONVEYANCE TO THE ABUTTING OWNERS.
Consider Acceptance of Cedar Crossing Business Park Water and
Sewer Systems
Water and sewer service has been provided to Cedar Crossing
across the Cedar Bayou Bridge at the expense of U.S.R. Realty.
All of the water and sewer lines have been constructed to the
City of Baytown's specifications and inspected by the city's
engineering department. The City of Baytown will be making taps
and connections for the business customers. Therefore, the
administration recommended acceptance of Cedar Crossing Business
Park water and sewer systems.
Councilman Alfaro moved to accept Cedar Crossing Business
Park water and sewer systems. Councilman Johnson seconded the
motion. The vote follows:
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Minutes of the Regular Meeting - May 11, 1989
Ayes: Council members Philips, Johnson, Simmons,
Alfaro, Fuller and Pruett
Mayor Hutto
Nays: None
Consider Proposed Resolution Naming West Main Street Bridge
Mayor Hutto indicated that several council persons had
received calls concerning the naming of West Main Street Bridge.
Most of those calls noted the influence that Councilman Simmons
had in negotiating with Harris County to pay the increased amount
necessary to increase the height of West Main Street Bridge to
13.4 feet. Therefore, council felt it appropriate that the West
Main Street Bridge over Goose Creek be named the Perry Simmons
Bridge in honor of Mr. Simmons' efforts and contribution toward
improving this bridge for the benefit of all the citizens of
Baytown.
On behalf of the entire council, Councilman Fuller moved for
adoption of Proposed Resolution No. 1056. Councilman Philips
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Alfaro
Fuller and Pruett
Mayor Hutto
Nays: None
Abstained: Councilman Simmons
Councilman Simmons was deeply moved by this gesture from
council. He indicated that he was humbled and honored. However,
he remembered former Councilman Ted Kloesel and his efforts to
obtain a pedestrian walkway for that bridge and requested that a
future council consider naming the walkway the Ted Kloesel
Walkway.
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Minutes of the Regular Meeting - May 11, 1989
Resolution No. 1056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING THAT THE WEST MAIN STREET BRIDGE OVER GOOSE CREEK BE
N NAMED THE PERRY SIMMONS BRIDGE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consent Agenda
Council considered the Consent Agenda as follows:
a. Due to an error by Harris County Central Appraisal
District, James Robinson was granted an over -65
exemption on his home. The Appraisal District
discovered their error and has back assessed Mr.
Robinson for the amount of value exempted in error. He
has paid the tax to the City of Baytown but has
requested that the penalty and interest be waived which
totals $317.71.
Enclosed is a copy of his letter and a summary of the
Attorney General's opinion stating that interest and
penalties on tax payments may be waived because of an
error by the Central Appraisal District.
We recommend approval.
b. Proposed Ordinance No. 890511 -3, authorizes payment to
Hartgraphics for purchase of election supplies in the
amount of $4,212.84. Supplies include printing for 52
voting machines, punch cards, absentee mail kits, and
other necessary supplies for the election. This does
not include personnel costs. A transfer of funds will
be necessary to cover these costs because the City
Clerk's budget was approved on the basis of five
polling places rather than sixteen. We will come back
to you later in the budget year with the transfer
request.
We recommend approval.
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Minutes of the Regular Meeting - May 11, 1989
c. We are recommending bids be rejected for the meter
exchange program. After reviewing the prices it will
be more economical to exchange the meters as they are
needed.
We recommend approval.
d. Proposed Resolution No. 1057, appoints Acting City
Manager, Bobby Rountree, as Signatory Agent for appli-
cation for grant assistance under the Federal Water
Pollution Control Act, and the rules and regulations
pursuant thereto.
We recommend approval.
e. Proposed Resolution No. 1057, repeals Resolution No.
1051, and adopts new provisions authorizing the City
Manager to make application to the Texas Criminal
Justice Division for a grant for a victim assistance
program. You approved this grant application at your
last meeting; however the total grant amount was not
stated in the resolution. Resolution No. 1051,
includes the City's $18,426, and the State's portion,
$12,282, for a total of $30,708.
We recommend approval.
f. Sandy Sobotik, 511 & 515 North Road; Wayne Stephens,
508 North Road and Norma E. Lord, 506 North Road have
requested water and sewer service. Service is avail-
able and they have agreed to pay the $250 connection
fee for water and sewer and the $500 capital buy -in fee
for sewer service.
We recommend approval.
g. Scott and Lisa Newman, 5622 East Road,
sewer service. Service is available
agreed to pay the $250 connection fee,
capital buy -in fee for sewer service.
have requested
and they have
plus the $500
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Minutes of the Regular Meeting - May 11, 1989
We recommend approval.
Councilman Philips moved for adoption of the Consent Agenda
Items "a" through "g." Councilman Johnson seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Alfaro, Fuller and Pruett
Mayor Hutto
Nays: None
Ordinance No. 5267
AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF FOUR THOUSAND
TWO HUNDRED TWELVE AND 42/100 ($4,212.42) DOLLARS TO HARTGRAPHICS
AS THE SOLE SOURCE FOR THE PURCHASE OF ELECTION SUPPLIES; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No.
890511 -3)
Resolution No. 1057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ACTING CITY MANAGER TO APPLY FOR FEDERAL GRANT
ASSISTANCE UNDER THE FEDERAL WATER POLLUTION CONTROL ACT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Resolution No. 1058
A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE
DIVISION FOR A GRANT FOR A VICTIM ASSISTANCE PROGRAM; REPEALING
RESOLUTION NO. 1051; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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Minutes of the Regular Meeting - May 11, 1989
Consider Appointments to Auto Wrecker Committee
Councilman Johnson moved to appoint Glen Carlton and to
reappoint Freddy Rios and William C. Staner to the Auto Wrecker
Committee. Councilman Philips seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Al f aro, Fuller and Pruett
Mayor Hutto
Nays: None
City Manager's Report
Police Grants - Notification has been received from the
state that all of our police grants have been approved -- the
Organized Crime Prevention Grant, Bay Area Women's Center Grant,
and Youth and Law Grant.
Special Meeting - Council scheduled a special meeting at
7:00 a.m. on Tuesday, May 23 to canvass election returns for May
20 election.
Community Development Project - Yupon Street - The
contractor has laid approximately 80% of the line on Yupon and
the section of Miriam is currently being reconstructed while the
water line is being laid.
Sidewalk Project - The Cedar Bayou Junior School portion is
approximately 95% complete and along Bowie Elementary the side-
walk has been poured, but cleanup remains.
1989 Street Improvement Program - The contractor has
completed work on Bayway Drive, Cabiniss, Quail Hollow, John A,
and has completed the level -up work on Airhart, as well as
Midway. The total contract is 60% complete.
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Minutes of the Regular Meeting - May 11, 1989
Mailboxes at Post Office - This work is progressing well.
The area is almost ready for installation of the mailboxes.
Water and Sewer Lines for Whataburger on Garth Road - That
work is about 75`/. complete. The entire project should be
completed within the next two weeks.
Questions /Comments of Council - Councilman Simmons commended
Mayor Hutto's efforts in getting the post office traffic problem
resolved.
Councilman Philips commended the efforts of Norman Dykes and
the Public Works crews on the drainage improvements being
performed on Texas Avenue.
Recess and Reconvene
Mayor Hutto recessed the open meeting into executive session
to discuss pending litigation. When the open meeting reconvened
Mayor Hutto announced that no action was necessary as a result of
the executive session.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
3.3.14
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VI
Eileen P. Hall
City Clerk