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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. 6124 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. 6125 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. 6126 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 6127 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. 6128 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. 6130 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 6130 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 6131 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. 6132 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. 6133 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. 6134 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 6135 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 6136 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 d P. � e- Eileen en P. Hall, City 1V— r