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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 890511 -2 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& 890511 -3 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 890511 -4 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: 890511 -5 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. 890511 -6 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. 890511 -7 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 890511 -8 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. 890511 -9 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. 890511 -10 Im 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 Im VI Eileen P. Hall City Clerk