1976 06 10 CC Minutes6123
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
JUNE 10, 1976
The City Council of the City of Baytown, Texas, met in regular
session Thursday, June 10, 1976, at 6:30 p.m. in the Council Chamber
of the Baytown City Hall. The following members were in attendance:
*Jody Lander
Jack Kimmons
Ted Kloesel
Emmett Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Absent: Mary E. Wilbanks
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Councilwoman
Mayor Gentry called the meeting to order and the invocation
was offered by the Reverend John L. Harrison, Pastor of First
Church of the Nazarene.
Approve Minutes
Councilman Kimmons moved approval of the minutes of the
regular meeting of May 27, 1976, and ratification of actions
taken at said meeting; Councilman Kloesel seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Hutto and Cannon
Mayor Gentry
Nays: None
Petitions
Robert Swint, who resides at 2804 Virginia, presented a
petition from residents on Virginia Street requesting that the
trash pickup in the alleys in that area be continued. Mayor
Gentry informed Mr. Swint that this matter would be discussed
later in the meeting if he would care to wait until that time
to speak. Mr. Swint felt it would be better to wait until
Council discussed the matter.
Later in the meeting, Councilman Kloesel moved to accept
the petition; Councilman Hutto seconded the motion. The vote
follows:
Ayes: Council members Kimmons, Kloesel, Hutto and Cannon
Mayor Gentry
Nays: None
Abstained: Councilman Lander
James C. Sanders, who resides at 2923 Massey Tompkins Road,
thanked the Council and the Police Department for the prompt
attention given to the petition requesting stricter enforcement
of the speed limit on Massey Tompkins Road.
*Councilman Lander present.
He also submitted a petition requesting that a school crossing
guard be placed at Stephen F. Austin Elementary School because
he felt that the crosswalks were not sufficient to save a child's
life and if only one child's life were saved, this would warrant
having a crossing guard for this location.
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Minutes of the Regular Meeting - June 10, 1976
Councilman Cannon moved to accept the petition; Councilman
Kimmons seconded the motion. Councilman Kloesel suggested that
the Traffic Committee consider the problem. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
City Manager's Report
At the last Council meeting, a representative of the Animal
Protection League appeared before Council and made a number of
suggestions, one being that a committee be appointed to study
the problems peculiar to Baytown with regard to the animal popu-
lation. The Council referred the matter to the Administration
for study and recommendation. The Administration recommended
that a three - member committee be appointed to study the best
method of handling animals in the City of Baytown. This committee
could possibly consist of one representative from the Animal
Protection League, one representative from the City Council and
one representative from the City Administration. Mayor Gentry
asked Council to give some thought to at least three individuals
who might serve on this committee so that this committee could
be appointed at the next Council meeting.
With regard to the petition from residents of the Massey
Tompkins Road area, approximately 250 tickets were issued since
June 1 and the Police Department will continue to use radar on
this street and other streets in the City as the manpower and
equipment are available. In fact, the Police Department has
established radar on Cedar Bayou Road for a few days and dis-
covered a number of persons speeding; therefore, citizens can
expect to see police cars with radar operating throughout the
City. Mr. Sanders responded later in the meeting that he was
studying various traffic problems within the City and would
report to the City Council on June 24.
.Upon discovering that several citizens have expressed con-
cern about the design of one of the murals for the Bicentennial
Park: the design on the Goose Creek side which depicted a scene
on Goose Creek with an egret, the Parks and Recreation Advisory
Board held an emergency meeting in order that a recommendation
could be made to Council. The Board recommended that the original
design be changed to a flock of Geese flying over the stream
rather than the egret.
Mayor Gentry pointed out that if Council made a decision to
change the original design, the School Board would also need to
consider the matter, since the property where the park is located
belongs to the School District and the School Board had approved
the original design, which might cause this particular portion
of the project to be incomplete for the July 4 Bicentennial
Celebration.
To accomplish this change, there will be added costs of
$400, of course, there will be added costs in the event the
Council decides on the original design because the rubberized
original design which had been placed began to deteriorate and
would have to be reworked.
Councilman Kloesel moved to approve the second design and
forward same to the School Board for approval with the under-
standing that Council would have no objection to the School Board
enlarging the size of the fowl, as long as whatever was selected
was in tune with the name Goose Creek; Councilman Hutto seconded
the motion.
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Minutes of the Regular Meeting - June 10, 1976
Mr. Wayne Gray was consulted as to the feeling of the Parks
and Recreation Advisory Board on the matter. He explained that
the Board had a couple of meetings with citizens where several
desires were expressed. Some felt there should be only Goose
Creek Stream; others felt that the Oak Tree could be used, while
others suggested that rice be used in place of cattails and a
-/w
flock of Geese. Councilman Hutto stated that he felt rice should
r ■■■ be used in place of cattails; therefore, Councilman Kloesel
amended his motion as follows:
"To approve the second design with rice replacing the
cattails and forward same ... ,
Councilman Hutto seconded the amended motion. The vote follows:
Ayes: Council members Hutto and Kloesel
Nays: Council members Lander, Kimmons and Cannon
Mayor Gentry
Mayor Gentry explained that since the original design had
been approved previously, if Council made no motion to modify
this design, then the original design would be etched onto the
mural; there was no motion to modify the design.
During the summer, the City of Baytown will be involved in
two youth employment programs. One program, the Harris County
Summer Youth Program, which is administered by the County and
financed entirely by Federal funds, will provide 20 young people
between the ages of 14 -21 years to work primarily in the Public
Works Department from June 15 through August 15. The other pro-
gram is the Youth Conservation Program which will begin June 14
with 24 young people between the ages of 15 -18 years being employed
through August 16. All of the Youth Conservation Program employees
will be working in the Parks and Recreation field.
East District Treatment Plant - The contractor is continuing
to pour concrete and backfill around the treatment unit. The
concrete is approximately ninety -six (96 %) per cent complete.
The storm water pump in the lift station has been replaced and
is in operation. The contract is approximately fifty -two (52 %)
per cent complete, with approximately forty -five (45%) per cent
of the contract time having been used so this project is ahead
of schedule.
Bayway Drive Waterline - All construction on this line has
been completed and the line is now in service. The City is con-
tinuing to tie the existing lines into the new main and will
continue to do so for some time.
Graywood Storm Sewer - All the pipe and inlet work has been
completed on Memorial and Park Streets, with only clean -up work
remaining. Seventy -five (751) feet of the box culvert near San
Jacinto Hospital remains to be installed. This project is
progressing satisfactorily.
West Texas Avenue Pavement - The contractor has poured the
north side of the pavement from the bridge to the library and
will pour the south half next week. This project should be
completed within the next three (3) weeks if the weather remains
good.
Bicentennial Park - All the work is done except for the in-
stallation of the electrical fixtures, which should be completed
by the end of next week.
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Minutes of the Regular Meeting - June 10, 1976
East Hunnicutt and Jail House Ditch Storm Sewers - The
contractor on the East Hunnicutt Storm Sewer will begin work
next week and the work on the Jail House Ditch Storm Sewer
will begin in two weeks.
In response to a question from Councilman Cannon, Mr. Powers,
City Engineer, stated that the contractor on the Spur 330 Project
anticipated that Park Street would be opened at the end of June.
Mayor Gentry also expressed concern regarding the flagrant viola-
tion of the fifteen - minute parking restriction around the Post
Office, as well as the abuse of motorists with regard to the
outside mailing receptacle and asked the Administration to pro-
vide more stringent enforcement in this area.
Frank Campbell - Drainage in Area of Cedar Bayou School Courts
Mr. Frank Campbell, who is a resident in the neighborhood of
the Cedar Bayou School Courts and has been for twenty -two (22)
years, appeared to discuss the problem of drainage in this area.
Mr. Campbell said that this area had a severe drainage problem
in that Cedar Bayou Stream was only 600 yards away. He pointed
out that when the rains come the water has no place to drain,
therefore, it stands in the yards making it impossible to plant
a garden, also water is beginning to get into homes in the area.
Right'at this time the streets in the area are in fairly good
condition, however the street shoulders are crumbling and wearing
away. Trees have grown in the ditches which cause blockage of
the flow of water through the gutters.
Mayor Gentry asked that the Administration look into drainage
in the area; Council concurred.
In response to questions from Council regarding scheduled
drainage improvements, Mr. Lanham, City Manager, explained that
most of the major drainage problems had been alleviated and at
this point the drainage crews were working on roadside ditches
which is a very time - consuming task and if the three pieces of
drainage equipment now in use could be kept operational, most
of the schedule could be met. Other cities try to cover drainage
problems every five years.
Mr. Campbell made one other point and that was during construc-
tion, at least one artery should be left open in order that commer-
cial traffic could get to various points within the City to unload.
Ordinance - Appropriating Revenue Sharing Funds for Seventh
Entitlement Period
At the last Council meeting, a public hearing was held
regarding proposed uses for the Seventh Entitlement Revenue
Sharing Funds. Groups of citizens appeared requesting funds
for: (1) improved drainage in the Central Heights area, (2)
neutering of animals, and (3) $100,000 for a museum. Council
instructed the Administration, at that time, to make a study
of the drainage problems in the Central Heights area. A por-
tion of the Community Development Funds will be utilized to
put pipe in the ditch along side Laredo which will provide for
a covered ditch and aid in transporting the water. Most of
the problem which causes water to stand in this area, however,
is due to settlement. Ken Powers, City Engineer, recommended
that rather than installing new storm sewers in this area,
the problem would best be resolved by removing existing curbs
and gutters and installing conventional curbs and gutters at
the proper grade so that it would drain both east and west,
a portion draining to Atlantic and a portion draining to Laredo.
This work would be done under a street improvement program rather
than a drainage program. The water drains to a ditch south of
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Minutes of the Regular Meeting - June 10, 1976
the subdivision, which will be cleaned out this summer by Youth
Corps employees. To put storm sewers in would not eliminate
the problem unless catch basins were placed at each driveway.
The Administration recommended that $167,228 of the Revenue
Sharing Funds be allocated toward street improvement and if
Council deems advisable the curb and gutter work in Central
Heights could be paid with these funds.
With regard to the other recommendations, the Administration
submitted the same proposals that were presented at the public
hearing on May 27 as follows:
(a) Public Safety Category - "jaws of life tool" ...$ 5,000.00
(b) Environmental Protection Category - demolition
of structures .... ..............................$ 10,000.00
(c) Public Transportation Category -
(i) Replace existing 1970 Wayne Sweeper $50,000
(ii) 1976 Street Improvement Program $167,228
Total ..... ....................$217,228.00
(d) Library Category - Purchase of Books ...........$ 20,000.00
(e) Financial Administration - Hire of Consultant ..$ 20,000.00
The total of said categories being $272,720, the Seventh Entitle-
ment for the last six months of the calendar year. Congress is
debating the renewal of Revenue Sharing now, of course, if it is
continued the City of Baytown will continue to receive Revenue
Sharing Funds. The Administration recommended approval of the
ordinance.
Councilman Kimmons moved for the approval of the ordinance;
Councilman Lander seconded the motion.
In response to questions from Council, Mr. Lanham explained
that the present sweeper is completely worn out and that the
Administration would be going to a new type sweeper, a vacuum
sweeper, which would not only be used for sweeping, but to clean
catch basins and inlets. A consultant with regard to the City
of Baytown's computer program would be utilized to help develop
a computerized tax billing and collection system, and to make
modifications in programs being used at present. The equipment
that is now being utilized can be added to on a five -year rental
purchase plan which is less than the City is paying for rental
now.
Councilman Kloesel favored shifting funds from Public
Transportation to be utilized for the purchase of a gradall
and dump truck for drainage purposes, but the funds available
would not support the purchase of both; therefore, Councilman
Kloesel moved to amend the original motion to include $70,000
from Public Transportation under the proper category for the
purchase of a gradall or equivalent type equipment; Councilman
Hutto seconded the motion.
Mr. Lanham explained that if Council were to approve the
categories as presented at some later date the funds could be
transferred wherever Council deemed necessary, just as in the
regular Budget of the City.
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Minutes of the Regular Meeting - June 10, 1976
Council expressed the desire that the Administration develop
a plan for the rental or purchase of additional drainage equipment,
namely one gradall and one dump truck and how this would affect the
present drainage schedule. Councilman Lander felt that until this
study was made, he could not support the amended motion. The vote
on the amendment to the motion follows:
Ayes: Council members Hutto and Kloesel
Nays: Council members Lander, Kimmons and Cannon
Mayor Gentry
Councilman Cannon reiterated that the Council could ask
the Administration to study the drainage equipment and manpower
in order that an alternate plan could be developed and presented
to Council, rather than purchasing the street sweeper. The vote
on the original motion follows:
Ayes: Council members Lander, Kimmons, Hutto and Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2015
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE
CITY OF BAYTOWN TO APPROPRIATE TWO HUNDRED SEVENTY -
TWO THOUSAND SEVEN HUNDRED TWENTY -EIGHT AND N01100
($272,728.00) DOLLARS FROM THE UNAPPROPRIATED
SEVENTH ENTITLEMENT PERIOD FUNDS OF GENERAL REVENUE
SHARING, 1977, TO THE FOLLOWING BUDGET ACCOUNTS:
7710, PUBLIC SAFETY; 7720, ENVIRONMENTAL PROTECTION;
7730, PUBLIC TRANSPORTATION; 7760, LIBRARIES; 7780,
FINANCIAL ADMINISTRATION AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
After the motion passed, Councilman Cannon asked specifically
that the Administration review utilization of drainage equipment
and crews and come back to Council with a couple of alternatives.
He specified that this study should just be generalized cost
estimates and if Council chose, a more detailed study could be
performed later.
Ordinance - Final Payment on the 1975 Street Improvement Program,
Phase II
Both the Engineering and Public Works Departments have inspected
this project finding that the work has been completed satisfactorily
and recommended final payment. The total amount for the work com-
pleted was $392,372.65 for an underrun of $37,896.31. The Adminis-
tration recommended approval of the ordinance.
Councilman Hutto moved for approval of the ordinance; Council-
man Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUC-
TION OF THE 1975 STREET IMPROVEMENT PROGRAM, PHASE
II, BY BROWN & ROOT, INC.; FINDING THAT THE IMPROVE-
MENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CON-
TRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF
FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT
TO THE SAID BROWN & ROOT, INC. AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
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Minutes of the Regular Meeting - June 10, 1976
Ordinance - Awarding Bid on Parks Maintenance and Storage Building
Jim Hutchison, Consulting Engineer to the City of Baytown,
explained that three bids were opened on Tuesday, June 1, 1976
for the construction of the Parks Maintenance and Storage Building.
The tabulation follows:
Holzaepfel Construction Company $ 14,700
G. B. Chatham $ 16,400
Superior Constructors, Inc. $ 22,200
The low bid was that of Holzaepfel Construction Company for
the amount of $14,700. This is Mr. Holzaepfel's first bid as an
independent contractor; however, while associated with G. B. Chatham,
the Public Service Center and Pelly Park Improvements were con-
structed by that firm. Therefore, the Consulting Engineers
recommended that the contract be awarded to Holzaepfel Construc-
tion Company; the Administration concurred.
Councilman Lander moved to adopt the ordinance; Councilman
Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
The estimated cost for this project was $22,000.00.
ORDINANCE NO. 2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF HOLZAEPFEL
CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A
PARKS MAINTENANCE AND STORAGE BUILDING ON PARK
STREET AND AUTHORIZING THE CONTRACTING OF INDEBT-
EDNESS BY THE CITY FOR THE SUM OF FOURTEEN THOUSAND
SEVEN HUNDRED AND N01100 ($14,700.00) DOLLARS WITH
REGARD TO SUCH AGREEMENT.
Ordinance - Awarding Bid on Contract for Installation of Water
and Sanitary Sewer Connections
Two bids were received today for installation of water and
sanitary sewer connections. The following bids were received:
Savell Contractors $ 23,600.00
Rehab Specialists, Inc. $ 27,340.00
Of the two bids received based on estimated quantities, Savell
Contractors was the low bidder for the amount of $23,600. The
other bidder, Rehab Specialists, Inc., was low on two items in
the water portion of the bid; however, because of the nature of
this proposal, the Administration felt that it would be best to
award this contract to one contractor. The Administration recom-
mended the bid be awarded to the low bidder, Savell Contractors.
Mr. Lanham explained that this help was essential since building
had increased to the degree that there was a backlog on taps.
Councilman Kimmons moved to adopt the ordinance; Councilman
Lander seconded the motion.
Funds are available in the Water Distribution Budget and
Sewer Collection Budget to pay for taps. Councilman Kloesel
felt that the specifications should have required that plumbers
be used to complete these tasks. The vote follows:
Ayes: Council members Lander, Kimmons, Hutto and Cannon
Mayor Gentry
Nays: None
Abstained: Councilman Kloesel
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Minutes of the Regular Meeting - June 10, 1976
ORDINANCE NO. 2018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF SAVELL
CONTRACTORS FOR THE CONSTRUCTION OF WATER AND
SANITARY SEWER CONNECTIONS ON A UNIT PRICE BASIS,
WITH THE COMPENSATION TO BE PAID TO BE BASED UPON
THE ACTUAL NUMBER OF CONNECTIONS MADE AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Mechanical Code
Council appointed an Air Conditioning Committee to work on
a recommendation regarding a Mechanical Code. Mr. Paul Tisdale,
Chairman of that committee, presented the recommendation of the
committee. Mr. Tisdale explained that the committee had studied
various codes to evaluate each in order to make a recommendation.
The committee recommends the adoption of the Southern Standard
Mechanical Code. This code is essentially the mechanical division
of the Southern Standard Building Code, which is the general con-
struction code for the City of Baytown. It is a very good code
which is used by many cities and has a high degree of acceptance.
Mr. Tisdale pointed out that there is a general building code,
with the electrical portion being set aside as a code and the
Plumbing Code is state regulated. This leaves air conditioning,
heating and ventilation to be covered by the Mechanical Code,
which would regulate the installation of air conditioning and
heating in residences and businesses. In actual practice this
code would operate just as the electrical code, in other words
the code provides for a system of testing to obtain licenses,
bond requirements, etc.
Mr. Tisdale pointed out that the representation on the
seven - member committee was well rounded. The committee consists
of:
Paul Tisdale
Les McDonald
A. W. Whitaker
Oscar Young
James A. Davis
J. Esbach
Joe Aylor
Jack Cramer
Chairman and Licensed Air Conditioning Contractor
Vice Chairman and Professional Engineer
Licensed Professional Mechanical Engineer
Licensed Mechanical Contractor
Architect
Citizen Not In Air Conditioning Business
General Contractor
Mechanical Inspector - Ex Officio
The committee feels that the time to proceed on the adoption of a
code is now because with the energy situation being what it is,
if cities do not regulate the installation of cooling and heating
units the state or federal governments will.
The committee recommended that the Southern Standard Mechanical
Code be adopted with all of its present and future amendments. An
ordinance had been prepared by the legal staff reflecting the
recommendation of the committee for Council's consideration.
Councilman Kloesel moved to table action on this matter
until the next Council meeting in order that Council would have
more time to evaluate the proposed code; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Kloesel, Hutto and Cannon
Nays: Councilman Kimmons
Mayor Gentry
Abstained: Councilman Lander
1
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Minutes of the Regular Meeting - June 10, 1976
Ordinance - Adopting a New Chapter 14 "Garbage and Trash"
Dan Savage, Assistant City Manager, explained that he, Gerald
Landry of the Health Department, and Ivan Langford III and Gary
Anderson of Public Works met on several occasions to consider how
the present ordinance could be improved to help in problems
relating to health, safety, and littering. In considering the
matter, previous complaints were reviewed and a revised ordinance
constructed for Council consideration. In the ordinance, it is
specified that brush pickup will be provided on roughly three -
week intervals. If the brush is bundled and tied or in a con-
tainer, it will be picked up immediately. For heavy items, such
as an old davenport, the item will be picked up within one week
of the request. The requirement on the weight of the container
will be changed from 100 pounds to sixty pounds to help reduce
injury to employees picking up the containers, such as back
strain or related injuries. The revised ordinance gives the
Director of Public Works or his designee authority to issue a
citation for violation of the ordinance; also the Public Works
Department would have the authority to confiscate containers
that could cause harm to others or that were unable to contain
garbage or trash due to being in a dilipadated state. Also,
the provisions pertaining to the landfill business have been
deleted since the City of Baytown no longer is operating a
landfill.
Mr. Lanham explained the reasoning behind the decision to
include a provision eliminating alley pickup. The alleys were
built many years ago and were not constructed to handle the heavy
twenty -yard packers in use today. Many people call to complain
about the conditions of the alleys and probably a part of the
problem is the heavy packers. Secondly, many people who place
garbage receptacles in the alleys handle them in a sanitary
fashion, however the Administration does receive numerous calls
regarding the improper handling of garbage in alleys. It seems
that if individuals were required to place garbage containers in
the front of their homes for pickup service, the cans would be
removed to the side or back of the home. Because of traffic
and parking in some of the alleys, the city has difficulty in
getting the trucks through at times; this is particularly true
of the hydraulic brush loader. The Administration felt that the
City could provide more efficient service by having street pick-
up as opposed to alley pickup. The Administration recommended
approval of the ordinance.
Councilman Kloesel moved to delete the portion of the ordi-
nance pertaining to alley pickup, that is to continue alley pickup
in the Old Baytown area; Councilman Hutto seconded the motion.
However, since Councilman Kloesel was not moving to adopt the
ordinance with the exception of alley pickup, the motion and
second were withdrawn.
Councilman Cannon then moved to adopt the ordinance; Councilman
Lander seconded the motion.
Councilman Kloesel then moved to amend the motion to amend
Section 14 -9, "Place of Collection," to read as follows:
"All garbage, trash, brush or special items shall be
placed within the street right of way or alleys desig-
nated by City Council for collection. No collection
will be made at any other location. Special items
shall be placed clear of all power lines and overhead
trees."
Councilman Hutto seconded the motion.
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Minutes of the Regular Meeting - June 10, 1976
Councilman Kloesel explained that with so many retired
persons living in this area and the fact there was a drop
between the yards and streets, in some cases, it would be
a burden for these people to place their garbage for street
pickup. Also, he said that even though some of the alleys
were in poor condition, he did not feel this was totally due
to garbage pickup in the alleys.
Council expressed concern for the safety of children
playing in the alleys.
Mayor Gentry asked for comments from concerned citizens
in the audience.
Mr. Clyde M. Harper of 3125 Wisconsin said that he felt
citizens did not receive true representation from city govern-
ment and that the proposed ordinance encompassed all aspects of
garbage pickup, but he could not agree with the portion deleting
alley pickup because street pickup would mean a more unsightly
neighborhood. Mr. Harper indicated that at times the alleys
were congested with vehicles, but this could be remedied by the
Police Department.
Mr. Refugio Martinez -said that he felt that it would be
both reasonable and prudent to issue a citation for an illegal
garbage can rather than confiscate the can.
* ** Mrs. Bernice Bryan, who has resided at 3220 Ohio for twenty -
three years, said that very few children played in the alleys
while great numbers did play in the streets and since the streets
are very narrow in this area and very congested, the garbage
trucks would not be able to operate with greater ease on the
streets. Many residents in this area have refurbished their
homes and having garbage cans in the front yards will not add
to the actractiveness of the neighborhood.
The vote on the amended motion follows:
Ayes: Council members Lander, Kimmons, Kloesel,
Hutto and Cannon
Mayor Gentry
Nays: None
It was then necessary for Council to consider the original
motion with the amendment to Section 14 -9. However, Councilman
Kloesel moved to table the original motion with the amendment
until the June 24 meeting: Councilman Hutto seconded the motion.
The vote follows:
Ayes: Council members
Nays: Council members
Mayor Gentry
Kloesel and Hutto
Lander, Kimmons and Cannon
The vote on the original motion with the amendment to
Section 14 -9 follows:
Ayes: Council members Lander, Kimmons, Hutto and Cannon
Mayor Gentry
Nays: None
Abstained: Councilman Kloesel
ORDINANCE NO. 2019
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER
14, "GARBAGE AND TRASH," BY REPEALING THE PROVISIONS
OF THIS CHAPTER AS PRESENTLY CONSTITUTED AND ADOPTING
A NEW CHAPTER 14, "GARBAGE AND TRASH "; PROVIDING FOR
A PENALTY; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
** *See Correction on Page 6140.
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Minutes of the Regular Meeting - June 10, 1976
Ordinance - Altering the Fares for Taxicab Service
Mr. Gordon Hartt, owner of both cab companies operating in
Baytown, has requested that the pickup service be increased from
$.65 to $.95. Mr. Hartt operates six cabs in the city and has
worked toward upgrading this service; five of the cabs are 1975
models and one is a 1971 model, which is in very good condition.
Many of the operating expenses for this service have doubled
since 1972, the date of the last rate increase. The Administra-
tion recommended approval of this ordinance.
Councilman Lander moved for the approval of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2020
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 29,
TAXICABS, BY AMENDING SECTIONS 29 -50 AND 29 -51 THEREOF,
SO AS TO REPEAL THE PROVISIONS OF SUCH SECTIONS AS
PRESENTLY CONSTITUTED, AND TO SUBMIT IN THEIR PLACES A
NEW SECTION 29 -50 SETTING FORTH 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 OR FARES AT ANY TIME IT DEEMS
NECESSARY, AND A NEW SECTION 29 -51 MAKING IT UNLAWFUL
TO VIOLATE THE PROVISIONS OF THIS CHAPTER; CONTAINING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Contract with Harris County for Jail
This is the same contract which was approved last year with
the exception of the amount the County will pay being increased
from $47,700 to $57,240. The effective date of this contract
is June 1, 1976. The Administration recommended approval of this
ordinance.
Councilman Kimmons moved for the approval of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE
AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING
FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE
COUNTY WITH REGARD TO FURNISHING, MAINTENANCE, AND
OPERATION OF JOINT JAIL FACILITIES AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
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Minutes of the Regular Meeting - June 10, 1976
Ordinance - Authorizing an Agreement with Missouri Pacific
for a Storm Sewer Crossing
Missouri Pacific does require Council approval for the
authorization of this crossing which is necessary for the Jail
House Ditch Storm Sewer Project.
Councilman Lander moved to adopt the ordinance; Councilman
Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and 1
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2022
AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO ENTER INTO A LICENSE AGREEMENT WITH MISSOURI
PACIFIC RAILROAD COMPANY FOR THE CROSSING OF THEIR
EXISTING RIGHT OF WAY WITH A 30 -INCH STORM SEWER LINE,
AUTHORIZING AND DIRECTING THE PAYMENT BY THE CITY OF
THE SUM OF ONE HUNDRED AND N01100 ($100.00) DOLLARS,
WITH REGARD TO SAID LICENSE AGREEMENT, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Adopting New Personnel Rules
Council tabled this item at the last Council meeting in
order to have ample time to read over the proposed personnel
rules. The Administration recommended approval of the ordinance.
Councilman Kimmons moved to adopt the ordinance; Councilman
Lander seconded the motion.
In response to questions from Council, Mr. Lanham explained
that the three days of sick leave referred to under Section 3(j)
would be included in the fifteen days sick leave granted per
year. Under Section 6, the second paragraph which allows an
employee to vote with pay, is included in the present rules and
would only be necessary in the case of shift interference,
overtime, etc. The rules do provide for a procedure for evaluating
employees, but this procedure has not been established as yet.
These rules have no "conflict of interest" provision due
to the fact this provision is covered by the City Charter.
Councilman Cannon commented that this was a very good start,
but he would like to see at budget time a "dollarized benefit
figure ". Mr. Lanham stated that this has been done for the past
two (2) years and a formula has been developed from a study of
what other governments are doing, as well as industry.
Council requested that in Section 2 (a) the wording, "other
employees in the same class shall immediately receive any pay in-
creases necessary to assure that they are not compensated less
than the new employee," be changed to, "pay for that classifica-
tion shall, with City Council approval, be increased to assure
that other employees with the same classification are not com-
pensated less than the new employee." Councilman Kimmons amended
his motion to adopt the ordinance with the new wording; Councilman
Lander seconded the amendment. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - June 10, 1976
ORDINANCE NO. 2023
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 2 --
"ADMINISTRATION," ARTICLE IV, RULES FOR CITY
EMPLOYEES, SO AS TO REPEAL THE PROVISIONS THEREOF
AS PRESENTLY CONSTITUTED; ADOPTING "CITY OF BAYTOWN
PERSONNEL RULES" DATED MAY 27, 1976; PROVIDING A
REPEALING CLAUSE AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Resolution No. 537 - Adopting Revised City Population Estimate
The Planning Department and in particular, the Transportation
Planner has developed population projections for both the City of
Baytown and the area north of the City. The estimate of the popu-
lation of Baytown is 50,423. The projection for the population
in 1980 is 57,444. The highway department will change the popula-
tion signs if Council adopts a resolution endorsing this population
figure.
Councilman Kloesel moved to approve Resolution No. 537;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 537
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE POPULATION PROJECTIONS
PREPARED BY THE PLANNING AND TRAFFIC DEPARTMENT OF
THE CITY AND DETERMINING THE POPULATION WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN AS OF JANUARY
1, 1976.
Interior Design Consultant for Sterling Municipal Library
A large amount of new furnishings will be purchased for
the addition to the library and since this will constitute a
substantial sum, the Administration is requesting authorization
to retain a consultant to help in the preparation of the plans
and specifications for furnishings. Several proposals were
received with that of Ms. Peggy Harrison of Interior Concepts
of Houston being low for the amount of $2500.00, which will
cover 250 hours of design service. The Administration requested
Council authorization to retain Ms. Harrison in accordance with
her proposal.
Councilman Cannon moved to authorize the Administration to
retain Ms. Harrison; Councilman Kimmons seconded the motion.
Mrs. Wilhite, City Librarian, explained to Council that
over $100,000 would be expended on furnishings and since no
one on the staff was qualified to select the appropriate style
or color of furnishings, the Administration felt it would be
most advantageous to get professional advice on something of
this magnitude. By having a consultant, the finished product
would be not only more desirable now, but in the future as
well. The consultant will work closely with the Purchasing
Department and the library staff when plans and specifications
are being drawn, and after the bids are received, she will
evaluate the bids in order that the city will make the very
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Minutes of the Regular Meeting - June 10, 1976
best selection as far as equal construction, material, etc. Also,
she will be available to make certain that upon delivery the
furniture is installed properly. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
Committee Reports
None.
Unfinished Business
None.
Recess and Reconvene
Mayor Gentry recessed the open meeting into an executive
session for discussion of the purchase of land, pending litiga-
tion, and personnel matters. When the open meeting reconvened,
Council considered Proposed Ordinance No. 60610, authorizing
the purchase of 1.377 acres of land or 60,000 square feet, more
or less, from First American Bank and Trust of Baytown or Alan
B. Shepard, Trustee. This property is "L" shaped with a portion
adjacent to the library and another portion being parallel to
Sterling Street. Two appraisals have been obtained and both are
a little above the sale price of $163,200; therefore, the Adminis-
tration recommended approval of the ordinance. This purchase
will be made with 1975 Bond Funds.
Councilman Kloesel moved to accept the recommendation;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING PURCHASE OF 1.377
ACRES OR 60,000 SQUARE FEET, MORE OR LESS FROM
FIRST AMERICAN BANK AND TRUST OF BAYTOWN OR ALAN
B. SHEPARD, TRUSTEE; AUTHORIZING THE PAYMENT BY
THE CITY OF THE SUM OF ONE HUNDRED SIXTY -THREE
THOUSAND TWO HUNDRED AND N01100 ($163,200.00)
DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Appointment of Member to the Board of the Baytown Area Water
Authority
Councilman Cannon moved to appoint Mr. Peter A. Buenz to
the unexpired term of Councilman Kimmons on the Board of the
Baytown Area Water Authority; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
Minutes of the Regular Meeting - June 10, 1976
Adjourn
6137
There being no further business to transact, Councilman
Kimmons moved to adjourn; Councilman Lander seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
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