1972 02 15 CC Minutes5165
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 15, 1972
The City Council of the City of Baytown, Texas, met in regular session on
Tuesday, February 15, 1972, at 6:30 p.m., in the Council Room of the Baytown City
Hall with the following members in attendance:
Jody Lander
Leonard Stasney
Ted Kloesel
Jim McWilliams
C. O. Walker
Allen Cannon
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
C. Glen Walker Mayor
J. B. LeFevre Acting City Manager
Neel Richardson City Attorney
Edna Oliver City Clerk
Absent: Howard Northcutt Administnative Assistant
the Mayor called the meeting to order and the Invocation was offered by
Mr. Jack Morton. He then called for the minutes of the regular meeting on February 1,
1972. Councilman Cannon noted two corrections: the spelling of Paul Storck, and
that the railroad was requested to signalize three crossings at its expense.
Councilman Kloesel moved to approve the minutes as corrected. Councilman Walker
seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None,
Brownwood Civic Association - Perimeter Streets
Mr. Travis Porter, President of the Brownwood Civic Association requested a
work session with Council to discuss perimeter roads, the levee, and their meeting
with officials of HUD.
Mr. Johnny Busch was asked to give a status report on the perimeter roads.
He stated that preliminary studies & alterations had been presented to Council, but
the money in the bcndprogram was not adequate. It was noted the problem encountered
in acquiring land for fill dirt has been solved, and a title to the property forthcoming.
Discussion followed concerning proceeding with the perimeter roads and deferring
installation of the pumps because of lack of money. A gravity flow device, or tide gate,
could be installed until money is allowed for the pump station. Mr. Busch called
attention to a hazard that could result from this: a high tide occurring simultaneously
with heavy rainfall would cause flooding within the enclosed area. He stated the
plans & specifications could be completed in 30 days, and construction of the roads
completed by September. The roads will be built up to 7 feet with no additional
right -of -way required, and $50,000.00 estimated cost for-rebuilding driveway entrances.
The Mayor interrupted discussion, in compliance with the law, because of a
public hearing set for 7:00 olclock p.m.
Public Hearing - Annexation 30 -acre Harper Tract
Mayor Walker called the hearing to order and asked if anyone wanted to be heard
regarding annexation of the 30 -acre Harper Tract, near Sterling High School, for a
park site.
Mr. Charles Vogel asked what people would benefit from the annexation and the
park site, and what the overall cost will be. Mr. Terry Dopson explained this will
be a community park, to include an athletic complex, swimming pool, community recreation
center, four tennis courts, parking areas, and playground equipment. The land being
annnexed is already owned by the City. The 1970 BmO&Program provided $270,000 for
acquisition and development of the athletic complex. Matching funds of $179,000 will
be applied to the cost.
Mr. Refurial Martinez asked Council to reconsider spending $270,000 on one
park.
No one else came forward to be heard, and the Mayor declared the public hearing
closed.
5166
Minutes, Feb. 15, 1972
Resume Discussion - Brownwood Perimeter Roads
Mr. Busch resumed his discussion of the perimeter streets by requesting
a work session with Council, himself, and the Brownwood Civic Association.
The meeting will be posted so the Council, if it chooses, may authorize Mr. Busch
to proceed with the plans for Construction of the .- roads.
Consider Ordinance - Vital Statistics Documents - Increase Fees
Attorney Neel Richardson introduced a letter from the State Bureau of
Vital Statistics explaining that their fees have been increased to $200, and read
the caption of the proposed ordinance increasing the City's fee. Councilman
Walker moved to adopt the ordinance. Councilman Kloesel seconded the motion.
Discussion followed as to the need for the increase. Mrs. Oliver explained this
was a need for consistency with the State, Justice of the Peace, and the County
offices, to eliminate confusion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and
Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE• No. 1175
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, AMENDING SECTION 2-120 OF THE BAYTOWN CODE
OF ORDINANCES BY THE ADDITION OF A SUBSECTION "E ", CERTIFIED
COPIES OF BIRTH CERTIFICATES AND DEATH CERTIFICATES TWO
DOLLARS ($2.00) EACH; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
First Reading - Annexation South Kolon Apartments, Phase II
Attorney Neel Richardson read the caption of the proposed ordinance,
annexing five acres of land adjacent to the South Kolon Apartments on Massey
Tompkins Road. Councilman Walker moved to adopt the ordinance on first reading.
Councilman Lander seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1178
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS
OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN
TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE
PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS.
Award Bids - Three (3) Packer Type Garbage Bodies & Twelve (12) Misc. Truck Bodies
The tabulation of bids received follows: j
PACKER TYPE GARBAGE BODIES DESCRIPTION UNIT PRICE TOTAL PRICE _)
(3)
Hobbs Trailers Hobbs -pak $5,195.00 $15,585.00
HRL- 100 -20
Pak -Mor Mfg. Company Pak -Mor $5,400.00 $16,200.00
RL 2015
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Minutes, Feb. 15, 1972
5166-A
Davis Truck & Equipment Co.
Heil Mark
III $5,390.00 $16,170.00
Gar Wood- Houston
Gar Wood
$5,675.00 $17,025.00
893.00
LP 720
R. B. Everett
Leach Std.
$6,173.00 $18,519.00
Packmaster
295.00
Don Cooke expressed
the recommendation
of the Administration to accept the
third low bid of Davis Manufacturing Company
because the Heil bodies have been found
to be virtually maintenance free. The Heil's
operation is simpler and faster, and
he felt this would justify the $600 difference between the low bid, and the $132
difference of the second low
bid.
2
DUMP & PLATFORM BODIES (12)
QUANTITY
DESCRIPTION UNIT PRICE TOTAL PRICE
Hobbs Trailers
4
Section A $1,065.15 $ 4,260.60
2
B 1,025.00 2,050.00
365.00
5
C 1,425.00 7,125.00
1
D 335.00 335.00
R. B. Everett 4
No Bid
$13,770.60
Truck & Pickup Equipment
4
958.79 3,835.16
No Bid
2
845.93 691.86
2,280.00
5
1,706.00 8,530.00
1 "
1
365.00 365.00
$14,422.02
SCI
Childs Truck 4
913.00
3,652.00
2
893.00
1,786.00
5
1,943.00
9,715.00
1
295.00
295.00
$15,448.00
Gar Wood- Houston 4 "
1,070.00
4,280.00
2
910.00
1,820.00
5
2,175.00
10,875.00
1
365.00
365.00
$17,340.00
R. B. Everett 4
No Bid
No Bid
2
No Bid
No Bid
5
2,280.00
11,400.00
1 "
NO Bid
No Bid
$11,400.00
The low bid of Hobbs Trailers was recommended for the
twelve miscellaneous
truck bodies. Councilman Lander moved to adopt the ordinances
awarding the
bids as
recommended by the Administration. Councilman Kloesel seconded
the motion.
The
vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams,
Walker and
Cannon
Mayor Walker
Nays: None
The captions of the ordinances follows:
rORDINANCE
NO. 1176
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF DAVIS TRUCK & EQUIPMENT COMPANY FOR THE PURCHASE OF THREE
(3)
PACKER TYPE GARBAGE BODIES AND AUTHORIZING THE PAYMENT
BY THE CITY
OF THE
SU M OF SIXTEEN THOUSAND ONE - HUNDRED SEVENTY DOLLARS
($16,170.00)
AND NO 1100
WITH REGARD TO SUCH PURCHASE.
SCI
5167 Minutes, Feb. 15, 1972
ORDINANCE NO. 1177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF HOBBS TRAILORS FOR THE PURCHASE OF TWEEVE
(12) MISCELLANEOUS TRUCK BODIES AND AUTHORIZING THE PAYMENT BY
THE CITY OF THE SUM OF THIRTEEN THOUSAND SEVEN HUNDRED SEVENTY
($13,770.60) DOLLARS AND 60/100 WITH REGARD TO SUCH PURCHASE.
Hear Report - Alternatives for Goose Creek Stream
Mr. Wayne Gray of the Parks & Recreation Advisory Board, introduced
Mr. Rex E. Der, Resource Development Consultants, to give the final report on
the Goose Creek Stream Study. Mr. Der submitted a sritten report to Council
containing conclusions and not recommendations. He stressed the importance
of public awareness and interest in cleaning up thestream. After-general
discussion of the report, Councilman Kloesel moved to accept the report as
submitted. Councilman Walker seconded *e motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Councilman Kloesel moved to refer the report to the Parks & Recreation
Board for their recommendations as to what action should be taken. Councilman
Walker seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Consider Ordinance - Payment for Goose Creek Stream Study '
Councilman Walker moved to adopt the ordinance authorizing final payment
to Mr. Rex Der for the Goose Creek Stream Study. Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1179
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AND ACCEPTING THE STUDY OF GOOSE CREEK STREAM BY REX
E. DER, RESOURCE DEVELOPMENT CONSULTANT, FINDING THAT THE STUDY
IS ACCEPTABLE; AND AUTHORIZING THE FINAL PAYMENT TO THE SAID REX
DER, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Parks & Recreation Department Annual Report
Mr. Terry Dopson, Director of Parks & Recreation Department introduced the
annual report with the following letter:
"Mayor and City Council:
This first annual report is presented to you for statistical purposes
and is not to be construed as a replacement of the annual Parks and
Recreation Advisory Board recommendations on facilities and policies.
The City of Baytown Parks and Recreation Department has enjoyed a
very successful year in athletics, community building participation,
park maintenance, the closing of all properties for new park sites,
and initial planning for the development of these new sites.
Participation by Citizens reached a high that would be difficult
to match in 1972. The enthusiastic interest and participation has been
quite gratifying. It is hoped we will be able to continue expansion
in quantity as well as quality in all phases of our work in 1972.
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Minutes, February 15, 1972 5168
Our thanks are extended to you and the citizenry of Baytown for the
support of our efforts to improve and to continue growth of Baytown's
Parks and Recreation System.
It is with great pleasure that I submit this report for the year 1971."
Following a very lengthy question and answer period concerning the details of this
report, Councilman McWilliams moved to accept the report. Councilman Walker seconded
the motion. The Parks Board and Mr. Dopson was commended for the job they have been
doing. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
A work session for Council & the Parks Board was set for Wednesday, February 23 at 5:OOpm
Andrew Lannie - Extension water line across Highway 146 near Cedar Bayou Bridge
Mr. Andrew Lannie, attorney, appeared representing property owners in the
4,000 block of Highway 146 requesting water line extensions. This property has been
inside the City limits for approximately eight years, but are not presently hooked up
to City water lines. The water line will have to be extended under the roadway
approximately 120 feet, and will present an additional cost of boring. Discussion
followed as to whether or not theCity should help pay for the cost of boring, in
addition to paying for the first 100 -feet of water line as per City policy. Because
the property owners are taxpayers, who do not enjoy City water or sewer service,
Mr. Lannie asked the Council to help defray the cost of boring under the road.
Councilman McWilliams moved that the City absorb the first 100 -feet of cost for a
6" water line run under the road, cost to include boring. Councilman Kloesel seconded
the motion. After further discussion concerning City policy, Councilman Stasney moved
to amend the motion to include payment of the road boring costs solely by the residents.
Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilmen Stasney and Cannon
Nays: Councilmen Kloesel, McWilliams and Walker
Mayor Walker
Abstained: Councilman Lander
The vote on the original motion follows:
Ayes: Councilmen Lander, Kloesel, McWilliams and WA]ker
Mayor Walker
Nays: Councilmen Stasney and Cannon
Mayor Walker requested Councilman Lander research the City policy for water line
extension, and clarify the policy by putting it in ordinance or resolution form.
Refurial Martinez - Parks Department
Refurial Martinez thanked Council and the Parks Board for the addition of parks
to Baytown.
Request Franchise United Gas, Incorporporated
Mr. T. L. Stephens, local manager for United Gas in Highlands, introduced
Mr. Saunders Gregg, Vice President and Director of United Gas. Approximately three
years ago, Baytown annexed an area that included United Gas facilities, and they would
like to continue use of these facilities. Mr. Gregg requested a limited franchise
to prevent duplication of facilities with Houston Natural Gas. Councilman Kloesel
moved to refer this matter to the Utility Committee for study. Councilman McWilliams
seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
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Minutes, February 15, 1972
Consider Ordinance- Award Bid for Cleaning & Painting - Storage Tanks
tanks:
The following bids were received to clean & paint interior of two storage
Trust -Kote, Inc. $6,945 10 days
Tidal Construction $9,500 30 days
Don Love, Inc. $14,540 40 days
The low bid of Trust -Kote, Inc. was recommended. Councilman Kloesel
moved to accept the recommendation and award the bid to Trust -Kote. Councilman
Walker seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
ORDINANCE NO. 1180
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF TRUST -KOTE, INC., FOR THE CLEANING & PAINTING
OF THE INTERIOR OF TWO UNDERGROUND WATER STORAGE TANKS, AND AUTHORIZING
THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF SIX THOUSAND
NINE HUNDRED FORTY FIVE AND N01100 ($6,945.00) DOLLARS WITH REGARD TO
SUCH ACCEPTANCE.
Consider Resolution - Non Skid Pavement over Highway 146
Councilman Walker moved to adopt Resolution NO. 372, requesting the Texas
Highway department to request Federal TOPICS Funds to provide a non - Skid pavement
overlay on State Highway 146 from Alexander Drive to Cedar Bayou Road. Councilman
Kloesel seconded the motion. This particular program was initiated by the Texas
Highway Department, but requires an official request from the City for this work
to be done. This will not affect other TOPICS programs for the City. Discussion
followed concerning the status of the TOPICS program for the City of Baytown,
because to date, no funds have been allocated even though the City has submitted
a list of priorities, Mr. LeFevre was asked to contact Mr. Dale Marvel of the
Highway Department, and set a meeting date with Council to discuss the
implementation of the priorities. A vote on the motion was called.
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
RESOLUTION NO. 372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REQUESTING THE TEXAS HIGHWAY DEPARTMENT TO CONSIDER PROVIDING
A NON -SKID PAVEMENT OVERLAY ON STATE HIGHWAY 146 FROM ALEXANDER
DRIVE TO CEDAR BAYOU ROAD.
Unfinished Business.. ...
1972 Street Maintenance Program
Councilman Kloesel asked Council to consider adopting the entire street
maintenance program, which consists of 34 streets. There is presently $500,000
in the fund, which will complete 1/2 the project. Council could go out for
bids as quickly as possible, and after Council approves the 1973 Budget, bids
could be taken on the remaining half for $500,000. This will not be deficit
spending, but simply being ready to implement the second half when funds are
allocated. This item will be placed on the agenda of the next regular Council
meeting.
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Minutes, February 15, 1972 5170
Mr. W. W. Applegate - Increase Taxicab Fares - Red Top Cab
Mr. Bill Laughlin, attorney representing Mr. W. W. Applegate in his petition
for an increase in taxicab fares, presented Council with items they requested at
a previous meeting. These include a Profit -Loss Statement, Depreciation Schedule,
Capital Investment and a comparison showing financial status after an increase is
granted. These Statements, which were prepared by a CPA, were discussed at length.
Mr. Applegate supplied Council with a tabulation showing that point of origin of
one -half the calls is Goose Creek. Councilman Kloesel moved to grant Mr.
Applegate an increase to be as follows: 65C flag fare, and 10fi for every additional
2/10 mile, and requested a fully audited profit -loss statement at the end of 1912.
A vote on the motion was called.
Ayes: Councilmen Lander, Stasney, Kloesel, Walker and Cannon
Mayor Walker
Nays: None
ORDINANCE NO. 1181
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, BY THE AMENDMENT OF CHAPTER 29, TAXICABS, BY AMENDING SECTION
29 -50, THEREOF, SO AS TO REPEAL THE PROVISIONS OF SUCH SECTION AS
PRESENTLY CONSTITUTED, AND TO SUBMIT IN ITS PLACE THE PROVISIONS OF
A NEW SECTION SEEING OUT THE RATES AND FARES TO BE CHARGED BY TAXICABS
IN THE CITY AND PROVIDING THAT THE CITY COUNCIL SHALL HAVE THE RIGHT
TO CHANGE OR ESTABLISH NEW RATES AND FARES AT ANY TIME IF DEEMS NECESSARY;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTEVE DATE HEREOF.
Telephone Hearin - Rate Increase Request
Mayor Walker reminded Council of the resumption of Telephone Rate hearings
February 21, 22 & 23, and informed Council of a private utility rate freeze effective
March 10, imposed by the Federal Government. He presented a newspaper article
showing the rates of return of electrical and telephone utilities. A public hearing
will be held in Washington the week of the 22nd to attempt new regulations on utilities.
All rate governing bodies that will be effected by the freeze have been invited to
submit testimony or to appear in person in Washington. The Board must be notified
by February 16 if a governing body plans to be represented. Councilman Kloesel moved
to notify that Wage & Price Board that the City of Baytown will make a presentation
in writing. Councilman Walker seconded the motion. Mayor Walker pointed out
the Council will have until February 25 to decide what the context of the testimony
will be, or if a representative will be sent to Washington. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Releveling of Coastal Area
Mayor Walker referred to the request of Houston Chapter of the American Society
of Civil Engineers concerning the urgency of releveling the Coastal area due to continued
subsidence. The last major releveling was in 1964. This will be on a participation
basis with the local participants bearing one -half the cost, and the other half
borne by federal funds through the National Geodetic Department. Five thousand dollars
from twenty participants is needed, and if more participate, the cost will be less.
Five years from now there will be another releveling. Participants are asked to con-
tribute one thousand dollars per year between now and then. The project will include
Galveston and Harris Counties. Questions were asked to what benefit the information
when obtained, would be. Mayor Walker felt it would be necessary in order to push
for legislation regarding subsurface withdrawal. Several Councilmen felt the industries
along the coast who are responsible for the subsidence should participate in the project,
and that the Chapter of Civil Engineers should resolve to influence industries to use
surface water. Councilman Kloesel moved to pledge up to three thousand dollars, and
the amount to be payable when action is made by the Engineers. Councilman Lander seconded
the motion. Discussion continued concerning the use of the information , participation
by industries, and the amount of participation requested. Mr. Al Will, Projects Engineer,
volunteered his services on weekends to help with releveling. Councilmen Walker moved
to amend the motion by lowering the amount of pledge to fifteen hundred dollars. Councilm;
McWilliams seconded the motion. The vote follows:
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Minutes, Feb. 15, 1972
Ayes: Councilmen Walker, Cannon and McWilliams
Nays: Councilmen Stasney, Kloesel, Lander
Mayor Walker
The vote on the original motion follows:
Ayes: Councilmen Lander, Stasney, Kloesel, Walker and Cannon
Mayor Walker
Nays: None
Abstained: Councilman McWilliams
Mr. Johnny Busch then reported on the status of Baytown converting to surface water.
He has obtained a copy of the original proposal to the City of Batyown by the
San Jacinto River Authority; and has contacted the Public Works Director in Houston
regarding the possibility of Baytown buying raw Trinity River Water from Houston.
As yet he has received no response.
Landfill Sites
Mayor Walker reported two proposals from groups suggesting regional landfill
sites, and asked for an indication from Council as to whether or not to pursue
this matter. He requested Mr. LeFevre to meet with designated personnel from
the groups in order to give Council more information. Two of the alternatives
for landfills are independent operators and incenerators. Mr. Ron Haddox, attorney
representing Waste Products, Inc., answered several questions Council presented
concerning price and distance of haul. A permit is presently being obtained for
420 acres which would serve Baytown approximately 57 years.
Adjourn
eouncilman Walker moved the meeting adjourn. Councilman Kloesel seconded
the motion. The vote was unanimous and the Mayor declared the meeting adjourned '
to an Executive Session for a real estate matter.
ATTEST:
i c
Belinda Bingham, Deputy 61ty Clerk
6,57 !:�& a�A
C. GLEN WALKER, Mayor